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90_HB2502
20 ILCS 505/35.10 new
20 ILCS 1305/Art. 15 heading new
20 ILCS 1305/15-5 new
Amends the Children and Family Services Act and the
Department of Human Services Act. Requires that the
Department of Human Services and the Department of Children
and Family Services promulgate rules ensuring the rights of
children residing in care facilities under their
jurisdiction. Effective immediately.
LRB9008570JMmbA
LRB9008570JMmbA
1 AN ACT concerning children's rights in State residential
2 care facilities, amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Children and Family Services Act is
6 amended by adding Section 35.10 as follows:
7 (20 ILCS 505/35.10 new)
8 Sec. 35.10. Children's Bill of Rights. The Department
9 shall promulgate rules that ensure the rights of children
10 residing in care facilities under the Department's
11 jurisdiction consistent with rules promulgated by the
12 Department of Human Services under Section 15-5 of the
13 Department of Human Services Act. Residential care
14 facilities do not include a child's own home.
15 Section 10. The Department of Human Services Act is
16 amended by adding Article 15 as follows:
17 (20 ILCS 1305/Art. 15 heading new)
18 ARTICLE 15. POWERS AND DUTIES
19 RELATING TO CHILDREN
20 (20 ILCS 1305/15-5 new)
21 Sec. 15-5. Children's Bill of Rights. The Department
22 shall promulgate rules that ensure the rights of children
23 residing in care facilities under the Department's
24 jurisdiction. Residential care facilities are those other
25 than a child's own home, including, but not limited to,
26 foster homes and mental health facilities.
27 The rules shall ensure, but need not be limited to, the
28 following:
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1 (1) the right to a safe environment;
2 (2) the right to an individualized service plan,
3 designed when possible with the participation of the child
4 and parents;
5 (3) the right to be free from physical restraint and
6 seclusion except in certain circumstances;
7 (4) the right to safe medication practices;
8 (5) the right to communicate through letters, phone
9 calls, and visits with family and other significant
10 individuals, absent documented legal or clinical impediments;
11 (6) the right to meaningful recreational activities,
12 unless there are documented legal or clinical impediments;
13 (7) the right to express grievances, concerns, and
14 suggestions without fear of retribution;
15 (8) the right to participate in religious activities;
16 (9) the right to receive an appropriate education in the
17 least restrictive environment; and
18 (10) that the child's rights shall not be limited as
19 punishment or for convenience or made contingent as a part of
20 the service plan.
21 Section 99. Effective date. This Act takes effect upon
22 becoming law.