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90_HB3666
20 ILCS 505/5 from Ch. 23, par. 5005
225 ILCS 10/2.22 new
225 ILCS 10/3.1 new
225 ILCS 10/4 from Ch. 23, par. 2214
730 ILCS 5/5-5-6 from Ch. 38, par. 1005-5-6
730 ILCS 5/5-6-2 from Ch. 38, par. 1005-6-2
Amends the Children and Family Services Act. Permits the
Department of Children and Family Services to place children
in secure child care facilities licensed by the Department
that care for children who are in need of secure living
arrangements for their health, safety, and well-being upon
specified conditions. Amends the Child Care Act of 1969.
Permits the Department of Children and Family Services to
establish standards for licensing secure child care
facilities. Defines "secure child care facility". Amends
the Unified Code of Corrections. Provides that complete
restitution shall be paid by the defendant in as short a time
as possible. Provides that when the court considers
modification or revocation of restitution, there is a
rebuttable presumption that the facts and circumstances
considered by the court at the hearing at which restitution
was ordered or modified regarding the offender's ability or
willingness to pay restitution have not materially changed.
Effective immediately.
LRB9010830RCks
LRB9010830RCks
1 AN ACT in relation to rights and remedies.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 2. The Children and Family Services Act is
5 amended by changing Section 5 as follows:
6 (20 ILCS 505/5) (from Ch. 23, par. 5005)
7 Sec. 5. Direct child welfare services; Department of
8 Children and Family Services. To provide direct child welfare
9 services when not available through other public or private
10 child care or program facilities.
11 (a) For purposes of this Section:
12 (1) "Children" means persons found within the State
13 who are under the age of 18 years. The term also
14 includes persons under age 19 who:
15 (A) were committed to the Department pursuant
16 to the Juvenile Court Act or the Juvenile Court Act
17 of 1987, as amended, prior to the age of 18 and who
18 continue under the jurisdiction of the court; or
19 (B) were accepted for care, service and
20 training by the Department prior to the age of 18
21 and whose best interest in the discretion of the
22 Department would be served by continuing that care,
23 service and training because of severe emotional
24 disturbances, physical disability, social adjustment
25 or any combination thereof, or because of the need
26 to complete an educational or vocational training
27 program.
28 (2) "Homeless youth" means persons found within the
29 State who are under the age of 19, are not in a safe and
30 stable living situation and cannot be reunited with their
31 families.
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1 (3) "Child welfare services" means public social
2 services which are directed toward the accomplishment of
3 the following purposes:
4 (A) protecting and promoting the health,
5 safety and welfare of children, including homeless,
6 dependent or neglected children;
7 (B) remedying, or assisting in the solution of
8 problems which may result in, the neglect, abuse,
9 exploitation or delinquency of children;
10 (C) preventing the unnecessary separation of
11 children from their families by identifying family
12 problems, assisting families in resolving their
13 problems, and preventing the breakup of the family
14 where the prevention of child removal is desirable
15 and possible when the child can be cared for at home
16 without endangering the child's health and safety;
17 (D) restoring to their families children who
18 have been removed, by the provision of services to
19 the child and the families when the child can be
20 cared for at home without endangering the child's
21 health and safety;
22 (E) placing children in suitable adoptive
23 homes, in cases where restoration to the biological
24 family is not safe, possible or appropriate;
25 (F) assuring safe and adequate care of
26 children away from their homes, in cases where the
27 child cannot be returned home or cannot be placed
28 for adoption. At the time of placement, the
29 Department shall consider concurrent planning, as
30 described in subsection (l-1) of this Section so
31 that permanency may occur at the earliest
32 opportunity. Consideration should be given so that
33 if reunification fails or is delayed, the placement
34 made is the best available placement to provide
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1 permanency for the child;
2 (G) (blank);
3 (H) (blank); and
4 (I) placing and maintaining children in
5 facilities that provide separate living quarters for
6 children under the age of 18 and for children 18
7 years of age and older, unless a child 18 years of
8 age is in the last year of high school education or
9 vocational training, in an approved individual or
10 group treatment program, or in a licensed shelter
11 facility or secure child care facility. The
12 Department is not required to place or maintain
13 children:
14 (i) who are in a foster home, or
15 (ii) who are persons with a developmental
16 disability, as defined in the Mental Health and
17 Developmental Disabilities Code, or
18 (iii) who are female children who are
19 pregnant, pregnant and parenting or parenting,
20 or
21 (iv) who are siblings,
22 in facilities that provide separate living quarters
23 for children 18 years of age and older and for
24 children under 18 years of age.
25 (b) Nothing in this Section shall be construed to
26 authorize the expenditure of public funds for the purpose of
27 performing abortions.
28 (c) The Department shall establish and maintain
29 tax-supported child welfare services and extend and seek to
30 improve voluntary services throughout the State, to the end
31 that services and care shall be available on an equal basis
32 throughout the State to children requiring such services.
33 (d) The Director may authorize advance disbursements for
34 any new program initiative to any agency contracting with the
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1 Department. As a prerequisite for an advance disbursement,
2 the contractor must post a surety bond in the amount of the
3 advance disbursement and have a purchase of service contract
4 approved by the Department. The Department may pay up to 2
5 months operational expenses in advance. The amount of the
6 advance disbursement shall be prorated over the life of the
7 contract or the remaining months of the fiscal year,
8 whichever is less, and the installment amount shall then be
9 deducted from future bills. Advance disbursement
10 authorizations for new initiatives shall not be made to any
11 agency after that agency has operated during 2 consecutive
12 fiscal years. The requirements of this Section concerning
13 advance disbursements shall not apply with respect to the
14 following: payments to local public agencies for child day
15 care services as authorized by Section 5a of this Act; and
16 youth service programs receiving grant funds under Section
17 17a-4.
18 (e) (Blank).
19 (f) (Blank).
20 (g) The Department shall establish rules and regulations
21 concerning its operation of programs designed to meet the
22 goals of child safety and protection, family preservation,
23 family reunification, and adoption, including but not limited
24 to:
25 (1) adoption;
26 (2) foster care;
27 (3) family counseling;
28 (4) protective services;
29 (5) (blank);
30 (6) homemaker service;
31 (7) return of runaway children;
32 (8) (blank);
33 (9) placement under Section 5-7 of the Juvenile
34 Court Act or Section 2-27, 3-28, 4-25 or 5-29 of the
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1 Juvenile Court Act of 1987 in accordance with the federal
2 Adoption Assistance and Child Welfare Act of 1980; and
3 (10) interstate services.
4 Rules and regulations established by the Department shall
5 include provisions for training Department staff and the
6 staff of Department grantees, through contracts with other
7 agencies or resources, in alcohol and drug abuse screening
8 techniques to identify children and adults who should be
9 referred to an alcohol and drug abuse treatment program for
10 professional evaluation.
11 (h) If the Department finds that there is no appropriate
12 program or facility within or available to the Department for
13 a ward and that no licensed private facility has an adequate
14 and appropriate program or none agrees to accept the ward,
15 the Department shall create an appropriate individualized,
16 program-oriented plan for such ward. The plan may be
17 developed within the Department or through purchase of
18 services by the Department to the extent that it is within
19 its statutory authority to do.
20 (i) Service programs shall be available throughout the
21 State and shall include but not be limited to the following
22 services:
23 (1) case management;
24 (2) homemakers;
25 (3) counseling;
26 (4) parent education;
27 (5) day care; and
28 (6) emergency assistance and advocacy.
29 In addition, the following services may be made available
30 to assess and meet the needs of children and families:
31 (1) comprehensive family-based services;
32 (2) assessments;
33 (3) respite care; and
34 (4) in-home health services.
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1 The Department shall provide transportation for any of
2 the services it makes available to children or families or
3 for which it refers children or families.
4 (j) The Department may provide categories of financial
5 assistance and education assistance grants, and shall
6 establish rules and regulations concerning the assistance and
7 grants, to persons who adopt physically or mentally
8 handicapped, older and other hard-to-place children who
9 immediately prior to their adoption were legal wards of the
10 Department. The Department may also provide categories of
11 financial assistance and education assistance grants, and
12 shall establish rules and regulations for the assistance and
13 grants, to persons appointed guardian of the person under
14 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
15 4-25 or 5-29 of the Juvenile Court Act of 1987 for children
16 who were wards of the Department for 12 months immediately
17 prior to the appointment of the successor guardian and for
18 whom the Department has set a goal of permanent family
19 placement with a foster family.
20 The amount of assistance may vary, depending upon the
21 needs of the child and the adoptive parents, as set forth in
22 the annual assistance agreement. Special purpose grants are
23 allowed where the child requires special service but such
24 costs may not exceed the amounts which similar services would
25 cost the Department if it were to provide or secure them as
26 guardian of the child.
27 Any financial assistance provided under this subsection
28 is inalienable by assignment, sale, execution, attachment,
29 garnishment, or any other remedy for recovery or collection
30 of a judgment or debt.
31 (k) The Department shall accept for care and training
32 any child who has been adjudicated neglected or abused, or
33 dependent committed to it pursuant to the Juvenile Court Act
34 or the Juvenile Court Act of 1987.
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1 (l) Before July 1, 2000, the Department may provide, and
2 beginning July 1, 2000, the Department shall provide, family
3 preservation services, as determined to be appropriate and in
4 the child's best interests and when the child will be safe
5 and not be in imminent risk of harm, to any family whose
6 child has been placed in substitute care, any persons who
7 have adopted a child and require post-adoption services, or
8 any persons whose child or children are at risk of being
9 placed outside their home as documented by an "indicated"
10 report of suspected child abuse or neglect determined
11 pursuant to the Abused and Neglected Child Reporting Act.
12 Nothing in this paragraph shall be construed to create a
13 private right of action or claim on the part of any
14 individual or child welfare agency.
15 The Department shall notify the child and his family of
16 the Department's responsibility to offer and provide family
17 preservation services as identified in the service plan. The
18 child and his family shall be eligible for services as soon
19 as the report is determined to be "indicated". The
20 Department may offer services to any child or family with
21 respect to whom a report of suspected child abuse or neglect
22 has been filed, prior to concluding its investigation under
23 Section 7.12 of the Abused and Neglected Child Reporting Act.
24 However, the child's or family's willingness to accept
25 services shall not be considered in the investigation. The
26 Department may also provide services to any child or family
27 who is the subject of any report of suspected child abuse or
28 neglect or may refer such child or family to services
29 available from other agencies in the community, even if the
30 report is determined to be unfounded, if the conditions in
31 the child's or family's home are reasonably likely to subject
32 the child or family to future reports of suspected child
33 abuse or neglect. Acceptance of such services shall be
34 voluntary.
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1 The Department may, at its discretion except for those
2 children also adjudicated neglected or dependent, accept for
3 care and training any child who has been adjudicated
4 addicted, as a truant minor in need of supervision or as a
5 minor requiring authoritative intervention, under the
6 Juvenile Court Act or the Juvenile Court Act of 1987, but no
7 such child shall be committed to the Department by any court
8 without the approval of the Department. A minor charged with
9 a criminal offense under the Criminal Code of 1961 or
10 adjudicated delinquent shall not be placed in the custody of
11 or committed to the Department by any court, except a minor
12 less than 13 years of age committed to the Department under
13 Section 5-23 of the Juvenile Court Act of 1987.
14 (l-1) The legislature recognizes that the best interests
15 of the child require that the child be placed in the most
16 permanent living arrangement as soon as is practically
17 possible. To achieve this goal, the legislature directs the
18 Department of Children and Family Services to conduct
19 concurrent planning so that permanency may occur at the
20 earliest opportunity. Permanent living arrangements may
21 include prevention of placement of a child outside the home
22 of the family when the child can be cared for at home without
23 endangering the child's health or safety; reunification with
24 the family, when safe and appropriate, if temporary placement
25 is necessary; or movement of the child toward the most
26 permanent living arrangement and permanent legal status.
27 When a child is placed in foster care, the Department
28 shall ensure and document that reasonable efforts were made
29 to prevent or eliminate the need to remove the child from the
30 child's home. The Department must make reasonable efforts to
31 reunify the family when temporary placement of the child
32 occurs or must request a finding from the court that
33 reasonable efforts are not appropriate or have been
34 unsuccessful. At any time after the dispositional hearing
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1 where the Department believes that further reunification
2 services would be ineffective, it may request a finding from
3 the court that reasonable efforts are no longer appropriate.
4 The Department is not required to provide further
5 reunification services after such a finding.
6 A decision to place a child in substitute care shall be
7 made with considerations of the child's health, safety, and
8 best interests. At the time of placement, consideration
9 should also be given so that if reunification fails or is
10 delayed, the placement made is the best available placement
11 to provide permanency for the child.
12 The Department shall adopt rules addressing concurrent
13 planning for reunification and permanency. The Department
14 shall consider the following factors when determining
15 appropriateness of concurrent planning:
16 (1) the likelihood of prompt reunification;
17 (2) the past history of the family;
18 (3) the barriers to reunification being addressed
19 by the family;
20 (4) the level of cooperation of the family;
21 (5) the foster parents' willingness to work with
22 the family to reunite;
23 (6) the willingness and ability of the foster
24 family to provide an adoptive home or long-term
25 placement;
26 (7) the age of the child;
27 (8) placement of siblings.
28 (m) The Department may assume temporary custody of any
29 child if:
30 (1) it has received a written consent to such
31 temporary custody signed by the parents of the child or
32 by the parent having custody of the child if the parents
33 are not living together or by the guardian or custodian
34 of the child if the child is not in the custody of either
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1 parent, or
2 (2) the child is found in the State and neither a
3 parent, guardian nor custodian of the child can be
4 located.
5 If the child is found in his or her residence without a
6 parent, guardian, custodian or responsible caretaker, the
7 Department may, instead of removing the child and assuming
8 temporary custody, place an authorized representative of the
9 Department in that residence until such time as a parent,
10 guardian or custodian enters the home and expresses a
11 willingness and apparent ability to ensure the child's health
12 and safety and resume permanent charge of the child, or until
13 a relative enters the home and is willing and able to ensure
14 the child's health and safety and assume charge of the child
15 until a parent, guardian or custodian enters the home and
16 expresses such willingness and ability to ensure the child's
17 safety and resume permanent charge. After a caretaker has
18 remained in the home for a period not to exceed 12 hours, the
19 Department must follow those procedures outlined in Section
20 2-9, 3-11, 4-8 or 5-9 of the Juvenile Court Act of 1987.
21 The Department shall have the authority, responsibilities
22 and duties that a legal custodian of the child would have
23 pursuant to subsection (9) of Section 1-3 of the Juvenile
24 Court Act of 1987. Whenever a child is taken into temporary
25 custody pursuant to an investigation under the Abused and
26 Neglected Child Reporting Act, or pursuant to a referral and
27 acceptance under the Juvenile Court Act of 1987 of a minor in
28 limited custody, the Department, during the period of
29 temporary custody and before the child is brought before a
30 judicial officer as required by Section 2-9, 3-11, 4-8 or 5-9
31 of the Juvenile Court Act of 1987, shall have the authority,
32 responsibilities and duties that a legal custodian of the
33 child would have under subsection (9) of Section 1-3 of the
34 Juvenile Court Act of 1987.
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1 The Department shall ensure that any child taken into
2 custody is scheduled for an appointment for a medical
3 examination.
4 A parent, guardian or custodian of a child in the
5 temporary custody of the Department who would have custody of
6 the child if he were not in the temporary custody of the
7 Department may deliver to the Department a signed request
8 that the Department surrender the temporary custody of the
9 child. The Department may retain temporary custody of the
10 child for 10 days after the receipt of the request, during
11 which period the Department may cause to be filed a petition
12 pursuant to the Juvenile Court Act of 1987. If a petition is
13 so filed, the Department shall retain temporary custody of
14 the child until the court orders otherwise. If a petition is
15 not filed within the 10 day period, the child shall be
16 surrendered to the custody of the requesting parent, guardian
17 or custodian not later than the expiration of the 10 day
18 period, at which time the authority and duties of the
19 Department with respect to the temporary custody of the child
20 shall terminate.
21 (m-1) The Department may place children in secure child
22 care facilities licensed by the Department that care for
23 children who are in need of secure living arrangements for
24 their health, safety, and well-being when the Department
25 determines that placement is (i) necessary for the
26 protection, safety, or well-being of the child or community,
27 (ii) the least restrictive setting available for the child,
28 and (iii) in the child's best interests. This subsection
29 (m-1) does not apply to a child who is subject to placement
30 in a correctional facility operated pursuant to Section
31 3-15-2 of the Unified Code of Corrections. Placements under
32 this subsection (m-1) shall comply with the child's case plan
33 and shall be subject to permanency hearing review under
34 Section 2-28 of the Juvenile Court Act of 1987.
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1 (n) The Department may place children under 18 years of
2 age in licensed child care facilities when in the opinion of
3 the Department, appropriate services aimed at family
4 preservation have been unsuccessful and cannot ensure the
5 child's health and safety or are unavailable and such
6 placement would be for their best interest. Payment for
7 board, clothing, care, training and supervision of any child
8 placed in a licensed child care facility may be made by the
9 Department, by the parents or guardians of the estates of
10 those children, or by both the Department and the parents or
11 guardians, except that no payments shall be made by the
12 Department for any child placed in a licensed child care
13 facility for board, clothing, care, training and supervision
14 of such a child that exceed the average per capita cost of
15 maintaining and of caring for a child in institutions for
16 dependent or neglected children operated by the Department.
17 However, such restriction on payments does not apply in cases
18 where children require specialized care and treatment for
19 problems of severe emotional disturbance, physical
20 disability, social adjustment, or any combination thereof and
21 suitable facilities for the placement of such children are
22 not available at payment rates within the limitations set
23 forth in this Section. All reimbursements for services
24 delivered shall be absolutely inalienable by assignment,
25 sale, attachment, garnishment or otherwise.
26 (o) The Department shall establish an administrative
27 review and appeal process for children and families who
28 request or receive child welfare services from the
29 Department. Children who are wards of the Department and are
30 placed by private child welfare agencies, and foster families
31 with whom those children are placed, shall be afforded the
32 same procedural and appeal rights as children and families in
33 the case of placement by the Department, including the right
34 to an initial review of a private agency decision by that
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1 agency. The Department shall insure that any private child
2 welfare agency, which accepts wards of the Department for
3 placement, affords those rights to children and foster
4 families. The Department shall accept for administrative
5 review and an appeal hearing a complaint made by a child or
6 foster family concerning a decision following an initial
7 review by a private child welfare agency. An appeal of a
8 decision concerning a change in the placement of a child
9 shall be conducted in an expedited manner.
10 (p) There is hereby created the Department of Children
11 and Family Services Emergency Assistance Fund from which the
12 Department may provide special financial assistance to
13 families which are in economic crisis when such assistance is
14 not available through other public or private sources and the
15 assistance is deemed necessary to prevent dissolution of the
16 family unit or to reunite families which have been separated
17 due to child abuse and neglect. The Department shall
18 establish administrative rules specifying the criteria for
19 determining eligibility for and the amount and nature of
20 assistance to be provided. The Department may also enter
21 into written agreements with private and public social
22 service agencies to provide emergency financial services to
23 families referred by the Department. Special financial
24 assistance payments shall be available to a family no more
25 than once during each fiscal year and the total payments to a
26 family may not exceed $500 during a fiscal year.
27 (q) The Department may receive and use, in their
28 entirety, for the benefit of children any gift, donation or
29 bequest of money or other property which is received on
30 behalf of such children, or any financial benefits to which
31 such children are or may become entitled while under the
32 jurisdiction or care of the Department.
33 The Department shall set up and administer no-cost,
34 interest-bearing savings accounts in appropriate financial
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1 institutions ("individual accounts") for children for whom
2 the Department is legally responsible and who have been
3 determined eligible for Veterans' Benefits, Social Security
4 benefits, assistance allotments from the armed forces, court
5 ordered payments, parental voluntary payments, Supplemental
6 Security Income, Railroad Retirement payments, Black Lung
7 benefits, or other miscellaneous payments. Interest earned
8 by each individual account shall be credited to the account,
9 unless disbursed in accordance with this subsection.
10 In disbursing funds from children's individual accounts,
11 the Department shall:
12 (1) Establish standards in accordance with State
13 and federal laws for disbursing money from children's
14 individual accounts. In all circumstances, the
15 Department's "Guardianship Administrator" or his or her
16 designee must approve disbursements from children's
17 individual accounts. The Department shall be responsible
18 for keeping complete records of all disbursements for
19 each individual account for any purpose.
20 (2) Calculate on a monthly basis the amounts paid
21 from State funds for the child's board and care, medical
22 care not covered under Medicaid, and social services; and
23 utilize funds from the child's individual account, as
24 covered by regulation, to reimburse those costs.
25 Monthly, disbursements from all children's individual
26 accounts, up to 1/12 of $13,000,000, shall be deposited
27 by the Department into the General Revenue Fund and the
28 balance over 1/12 of $13,000,000 into the DCFS Children's
29 Services Fund.
30 (3) Maintain any balance remaining after
31 reimbursing for the child's costs of care, as specified
32 in item (2). The balance shall accumulate in accordance
33 with relevant State and federal laws and shall be
34 disbursed to the child or his or her guardian, or to the
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1 issuing agency.
2 (r) The Department shall promulgate regulations
3 encouraging all adoption agencies to voluntarily forward to
4 the Department or its agent names and addresses of all
5 persons who have applied for and have been approved for
6 adoption of a hard-to-place or handicapped child and the
7 names of such children who have not been placed for adoption.
8 A list of such names and addresses shall be maintained by the
9 Department or its agent, and coded lists which maintain the
10 confidentiality of the person seeking to adopt the child and
11 of the child shall be made available, without charge, to
12 every adoption agency in the State to assist the agencies in
13 placing such children for adoption. The Department may
14 delegate to an agent its duty to maintain and make available
15 such lists. The Department shall ensure that such agent
16 maintains the confidentiality of the person seeking to adopt
17 the child and of the child.
18 (s) The Department of Children and Family Services may
19 establish and implement a program to reimburse Department and
20 private child welfare agency foster parents licensed by the
21 Department of Children and Family Services for damages
22 sustained by the foster parents as a result of the malicious
23 or negligent acts of foster children, as well as providing
24 third party coverage for such foster parents with regard to
25 actions of foster children to other individuals. Such
26 coverage will be secondary to the foster parent liability
27 insurance policy, if applicable. The program shall be funded
28 through appropriations from the General Revenue Fund,
29 specifically designated for such purposes.
30 (t) The Department shall perform home studies and
31 investigations and shall exercise supervision over visitation
32 as ordered by a court pursuant to the Illinois Marriage and
33 Dissolution of Marriage Act or the Adoption Act only if:
34 (1) an order entered by an Illinois court
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1 specifically directs the Department to perform such
2 services; and
3 (2) the court has ordered one or both of the
4 parties to the proceeding to reimburse the Department for
5 its reasonable costs for providing such services in
6 accordance with Department rules, or has determined that
7 neither party is financially able to pay.
8 The Department shall provide written notification to the
9 court of the specific arrangements for supervised visitation
10 and projected monthly costs within 60 days of the court
11 order. The Department shall send to the court information
12 related to the costs incurred except in cases where the court
13 has determined the parties are financially unable to pay. The
14 court may order additional periodic reports as appropriate.
15 (u) Whenever the Department places a child in a licensed
16 foster home, group home, child care institution, or in a
17 relative home, the Department shall provide to the caretaker:
18 (1) available detailed information concerning the
19 child's educational and health history, copies of
20 immunization records (including insurance and medical
21 card information), a history of the child's previous
22 placements, if any, and reasons for placement changes
23 excluding any information that identifies or reveals the
24 location of any previous caretaker;
25 (2) a copy of the child's portion of the client
26 service plan, including any visitation arrangement, and
27 all amendments or revisions to it as related to the
28 child; and
29 (3) information containing details of the child's
30 individualized educational plan when the child is
31 receiving special education services.
32 The caretaker shall be informed of any known social or
33 behavioral information (including, but not limited to,
34 criminal background, fire setting, perpetuation of sexual
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1 abuse, destructive behavior, and substance abuse) necessary
2 to care for and safeguard the child.
3 (u-5) Effective July 1, 1995, only foster care
4 placements licensed as foster family homes pursuant to the
5 Child Care Act of 1969 shall be eligible to receive foster
6 care payments from the Department. Relative caregivers who,
7 as of July 1, 1995, were approved pursuant to approved
8 relative placement rules previously promulgated by the
9 Department at 89 Ill. Adm. Code 335 and had submitted an
10 application for licensure as a foster family home may
11 continue to receive foster care payments only until the
12 Department determines that they may be licensed as a foster
13 family home or that their application for licensure is denied
14 or until September 30, 1995, whichever occurs first.
15 (v) The Department shall access criminal history record
16 information as defined in the Illinois Uniform Conviction
17 Information Act and information maintained in the
18 adjudicatory and dispositional record system as defined in
19 subdivision (A)19 of Section 55a of the Civil Administrative
20 Code of Illinois if the Department determines the information
21 is necessary to perform its duties under the Abused and
22 Neglected Child Reporting Act, the Child Care Act of 1969,
23 and the Children and Family Services Act. The Department
24 shall provide for interactive computerized communication and
25 processing equipment that permits direct on-line
26 communication with the Department of State Police's central
27 criminal history data repository. The Department shall
28 comply with all certification requirements and provide
29 certified operators who have been trained by personnel from
30 the Department of State Police. In addition, one Office of
31 the Inspector General investigator shall have training in the
32 use of the criminal history information access system and
33 have access to the terminal. The Department of Children and
34 Family Services and its employees shall abide by rules and
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1 regulations established by the Department of State Police
2 relating to the access and dissemination of this information.
3 (w) Within 120 days of August 20, 1995 (the effective
4 date of Public Act 89-392), the Department shall prepare and
5 submit to the Governor and the General Assembly, a written
6 plan for the development of in-state licensed secure child
7 care facilities that care for children who are in need of
8 secure living arrangements for their health, safety, and
9 well-being. For purposes of this subsection, secure care
10 facility shall mean a facility that is designed and operated
11 to ensure that all entrances and exits from the facility, a
12 building or a distinct part of the building, are under the
13 exclusive control of the staff of the facility, whether or
14 not the child has the freedom of movement within the
15 perimeter of the facility, building, or distinct part of the
16 building. The plan shall include descriptions of the types
17 of facilities that are needed in Illinois; the cost of
18 developing these secure care facilities; the estimated number
19 of placements; the potential cost savings resulting from the
20 movement of children currently out-of-state who are projected
21 to be returned to Illinois; the necessary geographic
22 distribution of these facilities in Illinois; and a proposed
23 timetable for development of such facilities.
24 (Source: P.A. 89-21, eff. 6-6-95; 89-392, eff. 8-20-95;
25 89-507, eff. 7-1-97; 89-626, eff. 8-9-96; 90-11, eff. 1-1-98;
26 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-362, eff. 1-1-98;
27 revised 10-20-97.)
28 Section 3. The Child Care Act of 1969 is amended by
29 changing Section 4 and adding Sections 2.22 and 3.1 as
30 follows:
31 (225 ILCS 10/2.22 new)
32 Sec. 2.22. Secure child care facility. "Secure child
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1 care facility" means any child care facility licensed by the
2 Department to provide secure living arrangements for children
3 under 19 years of age who are not subject to placement in
4 facilities for whom standards are established by the
5 Department of Corrections under Section 3-15-2 of the Unified
6 Code of Corrections and which comply with the requirements of
7 this Act and applicable rules of the Department and which
8 shall be consistent with requirements established for child
9 residents of mental health facilities under the Mental Health
10 and Developmental Disabilities Code.
11 (225 ILCS 10/3.1 new)
12 Sec. 3.1. Licenses for secure child care facility. The
13 Department shall establish standards for licensing secure
14 child care facilities which comply with the requirements of
15 this Act, applicable requirements of the Mental Health and
16 Developmental Disabilities Code, and applicable rules of the
17 Department. On or before January 1, 1999, the Department
18 shall develop rules that set standards and the degree of need
19 for licensed secure facilities. Within 90 days after the
20 effective date of this amendatory Act of 1998, the Director
21 shall appoint an advisory committee to assist the Department
22 in the development of these rules.
23 (225 ILCS 10/4) (from Ch. 23, par. 2214)
24 Sec. 4. License requirement; application; notice.
25 (a) Any person, group of persons or corporation who or
26 which receives children or arranges for care or placement of
27 one or more children unrelated to the operator must apply for
28 a license to operate one of the types of facilities defined
29 in Sections 2.05 through 2.19 and Section 2.22 of this Act.
30 Any relative who receives a child or children for placement
31 by the Department on a full-time basis may apply for a
32 license to operate a foster family home as defined in Section
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1 2.17 of this Act.
2 (b) Application for a license to operate a child care
3 facility must be made to the Department in the manner and on
4 forms prescribed by it. An application to operate a foster
5 family home shall include, at a minimum: a completed written
6 form; written authorization by the applicant and all adult
7 members of the applicant's household to conduct a criminal
8 background investigation; medical evidence in the form of a
9 medical report, on forms prescribed by the Department, that
10 the applicant and all members of the household are free from
11 communicable diseases or physical and mental conditions that
12 affect their ability to provide care for the child or
13 children; the names and addresses of at least 3 persons not
14 related to the applicant who can attest to the applicant's
15 moral character; and fingerprints submitted by the applicant
16 and all adult members of the applicant's household.
17 (c) The Department shall notify the public when a child
18 care institution, maternity center, or group home licensed by
19 the Department undergoes a change in (i) the range of care or
20 services offered at the facility, (ii) the age or type of
21 children served, or (iii) the area within the facility used
22 by children. The Department shall notify the public of the
23 change in a newspaper of general circulation in the county or
24 municipality in which the applicant's facility is or is
25 proposed to be located.
26 (d) If, upon examination of the facility and
27 investigation of persons responsible for care of children,
28 the Department is satisfied that the facility and responsible
29 persons reasonably meet standards prescribed for the type of
30 facility for which application is made, it shall issue a
31 license in proper form, designating on that license the type
32 of child care facility and, except for a child welfare
33 agency, the number of children to be served at any one time.
34 (Source: P.A. 89-21, eff. 7-1-95; 90-90, eff. 7-11-97.)
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1 Section 5. The Unified Code of Corrections is amended by
2 changing Sections 5-5-6 and 5-6-2 as follows:
3 (730 ILCS 5/5-5-6) (from Ch. 38, par. 1005-5-6)
4 Sec. 5-5-6. In all convictions for offenses in violation
5 of the Criminal Code of 1961 in which the person received any
6 injury to their person or damage to their real or personal
7 property as a result of the criminal act of the defendant,
8 the court shall order restitution as provided in this
9 Section. When the offender is sentenced to make restitution
10 the Court shall determine the restitution as hereinafter set
11 forth:
12 (a) At the sentence hearing, the court shall
13 determine whether the property may be restored in kind to
14 the possession of the owner or the person entitled to
15 possession thereof; or whether the defendant is possessed
16 of sufficient skill to repair and restore property
17 damaged; or whether the defendant should be required to
18 make restitution in cash, for out-of-pocket expenses,
19 damages, losses, or injuries found to have been
20 proximately caused by the conduct of the defendant or
21 another for whom the defendant is legally accountable
22 under the provisions of Article V of the Criminal Code of
23 1961.
24 (b) In fixing the amount of restitution to be paid
25 in cash, the court shall allow credit for property
26 returned in kind, for property damages ordered to be
27 repaired by the defendant, and for property ordered to be
28 restored by the defendant; and after granting the credit,
29 the court shall assess the actual out-of-pocket expenses,
30 losses, damages, and injuries suffered by the victim
31 named in the charge and any other victims who may also
32 have suffered out-of-pocket expenses, losses, damages,
33 and injuries proximately caused by the same criminal
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1 conduct of the defendant, and insurance carriers who have
2 indemnified the named victim or other victims for the
3 out-of-pocket expenses, losses, damages, or injuries,
4 provided that in no event shall restitution be ordered to
5 be paid on account of pain and suffering. If a defendant
6 is placed on supervision for, or convicted of, domestic
7 battery, the defendant shall be required to pay
8 restitution to any domestic violence shelter in which the
9 victim and any other family or household members lived
10 because of the domestic battery. The amount of the
11 restitution shall equal the actual expenses of the
12 domestic violence shelter in providing housing and any
13 other services for the victim and any other family or
14 household members living at the shelter. If a defendant
15 fails to pay restitution in the manner or within the time
16 period specified by the court, the court may enter an
17 order directing the sheriff to seize any real or personal
18 property of a defendant to the extent necessary to
19 satisfy the order of restitution and dispose of the
20 property by public sale. All proceeds from such sale in
21 excess of the amount of restitution plus court costs and
22 the costs of the sheriff in conducting the sale shall be
23 paid to the defendant.
24 (c) In cases where more than one defendant is
25 accountable for the same criminal conduct that results in
26 out-of-pocket expenses, losses, damages, or injuries,
27 each defendant shall be ordered to pay restitution in the
28 amount of the total actual out-of-pocket expenses,
29 losses, damages, or injuries to the victim proximately
30 caused by the conduct of all of the defendants who are
31 legally accountable for the offense.
32 (1) In no event shall the victim be entitled
33 to recover restitution in excess of the actual
34 out-of-pocket expenses, losses, damages, or
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1 injuries, proximately caused by the conduct of all
2 of the defendants.
3 (2) As between the defendants, the court may
4 apportion the restitution that is payable in
5 proportion to each co-defendant's culpability in the
6 commission of the offense.
7 (3) In the absence of a specific order
8 apportioning the restitution, each defendant shall
9 bear his pro rata share of the restitution.
10 (4) As between the defendants, each defendant
11 shall be entitled to a pro rata reduction in the
12 total restitution required to be paid to the victim
13 for amounts of restitution actually paid by
14 co-defendants, and defendants who shall have paid
15 more than their pro rata share shall be entitled to
16 refunds to be computed by the court as additional
17 amounts are paid by co-defendants.
18 (d) In instances where a defendant has more than
19 one criminal charge pending against him in a single case,
20 or more than one case, and the defendant stands convicted
21 of one or more charges, a plea agreement negotiated by
22 the State's Attorney and the defendants may require the
23 defendant to make restitution to victims of charges that
24 have been dismissed or which it is contemplated will be
25 dismissed under the terms of the plea agreement, and
26 under the agreement, the court may impose a sentence of
27 restitution on the charge or charges of which the
28 defendant has been convicted that would require the
29 defendant to make restitution to victims of other
30 offenses as provided in the plea agreement.
31 (e) The court may require the defendant to apply
32 the balance of the cash bond, after payment of court
33 costs, and any fine that may be imposed to the payment of
34 restitution.
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1 (f) Taking into consideration the ability of the
2 defendant to pay, the court shall determine whether
3 restitution shall be paid in a single payment or in
4 installments, and shall fix a period of time not in
5 excess of 5 years, not including periods of
6 incarceration, within which payment of restitution is to
7 be paid in full. Complete restitution shall be paid in as
8 short a time period as possible. However, if the court
9 deems it necessary and in the best interest of the
10 victim, the court may extend beyond 5 years the period of
11 time within which the payment of restitution is to be
12 paid. If the defendant is ordered to pay restitution and
13 the court orders that restitution is to be paid over a
14 period greater than 6 months, the court shall order that
15 the defendant make monthly payments; the court may waive
16 this requirement of monthly payments only if there is a
17 specific finding of good cause for waiver.
18 (g) The court shall, after determining that the
19 defendant has the ability to pay, require the defendant
20 to pay for the victim's counseling services if:
21 (1) the defendant was convicted of an offense
22 under Sections 11-19.2, 11-20.1, 12-13, 12-14,
23 12-14.1, 12-15 or 12-16 of the Criminal Code of
24 1961, or was charged with such an offense and the
25 charge was reduced to another charge as a result of
26 a plea agreement under subsection (d) of this
27 Section, and
28 (2) the victim was under 18 years of age at
29 the time the offense was committed and requires
30 counseling as a result of the offense.
31 The payments shall be made by the defendant to the
32 clerk of the circuit court and transmitted by the clerk
33 to the appropriate person or agency as directed by the
34 court. The order may require such payments to be made
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1 for a period not to exceed 5 years after sentencing, not
2 including periods of incarceration.
3 (h) The judge may enter an order of withholding to
4 collect the amount of restitution owed in accordance with
5 Part 8 of Article XII of the Code of Civil Procedure.
6 (i) A sentence of restitution may be modified or
7 revoked by the court if the offender commits another
8 offense, or the offender fails to make restitution as
9 ordered by the court, but no sentence to make restitution
10 shall be revoked unless the court shall find that the
11 offender has had the financial ability to make
12 restitution, and he has wilfully refused to do so. When
13 the offender's ability to pay restitution was established
14 at the time an order of restitution was entered or
15 modified, or when the offender's ability to pay was based
16 on the offender's willingness to make restitution as part
17 of a plea agreement made at the time the order of
18 restitution was entered or modified, there is a
19 rebuttable presumption that the facts and circumstances
20 considered by the court at the hearing at which the order
21 of restitution was entered or modified regarding the
22 offender's ability or willingness to pay restitution have
23 not materially changed. If the court shall find that the
24 defendant has failed to make restitution and that the
25 failure is not wilful, the court may impose an additional
26 period of time within which to make restitution. The
27 length of the additional period shall not be more than 2
28 years. The court shall retain all of the incidents of
29 the original sentence, including the authority to modify
30 or enlarge the conditions, and to revoke or further
31 modify the sentence if the conditions of payment are
32 violated during the additional period.
33 (j) The procedure upon the filing of a Petition to
34 Revoke a sentence to make restitution shall be the same
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1 as the procedures set forth in Section 5-6-4 of this Code
2 governing violation, modification, or revocation of
3 Probation, of Conditional Discharge, or of Supervision.
4 (k) Nothing contained in this Section shall
5 preclude the right of any party to proceed in a civil
6 action to recover for any damages incurred due to the
7 criminal misconduct of the defendant.
8 (l) Restitution ordered under this Section shall
9 not be subject to disbursement by the circuit clerk under
10 Section 27.5 of the Clerks of Courts Act.
11 (m) A restitution order under this Section is a
12 judgment lien in favor of the victim that:
13 (1) Attaches to the property of the person
14 subject to the order;
15 (2) May be perfected in the same manner as
16 provided in Part 3 of Article 9 of the Uniform
17 Commercial Code;
18 (3) May be enforced to satisfy any payment
19 that is delinquent under the restitution order by
20 the person in whose favor the order is issued or the
21 person's assignee; and
22 (4) Expires in the same manner as a judgment
23 lien created in a civil proceeding.
24 When a restitution order is issued under this
25 Section, the issuing court shall send a certified copy of
26 the order to the clerk of the circuit court in the county
27 where the charge was filed. Upon receiving the order,
28 the clerk shall enter and index the order in the circuit
29 court judgment docket.
30 (n) An order of restitution under this Section does
31 not bar a civil action for:
32 (1) Damages that the court did not require the
33 person to pay to the victim under the restitution
34 order but arise from an injury or property damages
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1 that is the basis of restitution ordered by the
2 court; and
3 (2) Other damages suffered by the victim.
4 The restitution order is not discharged by the completion
5 of the sentence imposed for the offense.
6 A restitution order under this Section is not discharged
7 by the liquidation of a person's estate by a receiver. A
8 restitution order under this Section may be enforced in the
9 same manner as judgment liens are enforced under Article XII
10 of the Code of Civil Procedure.
11 The provisions of Section 2-1303 of the Code of Civil
12 Procedure, providing for interest on judgments, apply to
13 judgments for restitution entered under this Section.
14 (Source: P.A. 89-198, eff. 7-21-95; 89-203, eff. 7-21-95;
15 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-689, eff.
16 12-31-96; 90-465, eff. 1-1-98.)
17 (730 ILCS 5/5-6-2) (from Ch. 38, par. 1005-6-2)
18 Sec. 5-6-2. Incidents of Probation and of Conditional
19 Discharge.
20 (a) When an offender is sentenced to probation or
21 conditional discharge, the court shall impose a period under
22 paragraph (b) of this Section, and shall specify the
23 conditions under Section 5-6-3.
24 (b) Unless terminated sooner as provided in paragraph
25 (c) of this Section or extended pursuant to paragraph (e) of
26 this Section, the period of probation or conditional
27 discharge shall be as follows:
28 (1) for a Class 1 or Class 2 felony, not to exceed
29 4 years;
30 (2) for a Class 3 or Class 4 felony, not to exceed
31 30 months;
32 (3) for a misdemeanor, not to exceed 2 years;
33 (4) for a petty offense, not to exceed 6 months.
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1 Multiple terms of probation imposed at the same time
2 shall run concurrently.
3 (c) The court may at any time terminate probation or
4 conditional discharge if warranted by the conduct of the
5 offender and the ends of justice, as provided in Section
6 5-6-4.
7 (d) Upon the expiration or termination of the period of
8 probation or of conditional discharge, the court shall enter
9 an order discharging the offender.
10 (e) The court may extend any period of probation or
11 conditional discharge beyond the limits set forth in
12 paragraph (b) of this Section upon a violation of a condition
13 of the probation or conditional discharge, or for the payment
14 of an assessment required by Section 10.3 of the Cannabis
15 Control Act or Section 411.2 of the Illinois Controlled
16 Substances Act, or for the payment of the order to make
17 restitution as provided by Section 5-5-6 of this Code.
18 (Source: P.A. 86-929; 87-772; 87-895.)
19 Section 99. Effective date. This Act takes effect upon
20 becoming law.