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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: -2- LRB9008570JMmbA 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.
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