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90_HB3672eng
705 ILCS 405/1-13 from Ch. 37, par. 801-13
Amends the Juvenile Court Act of 1987. Makes a stylistic
change in Section that states that a minor assigned to a
public or community service program is not considered an
employee.
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1 AN ACT in relation to secure child care facilities,
2 amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 2. The Children and Family Services Act is
6 amended by changing Section 5 as follows:
7 (20 ILCS 505/5) (from Ch. 23, par. 5005)
8 Sec. 5. Direct child welfare services; Department of
9 Children and Family Services. To provide direct child welfare
10 services when not available through other public or private
11 child care or program facilities.
12 (a) For purposes of this Section:
13 (1) "Children" means persons found within the State
14 who are under the age of 18 years. The term also
15 includes persons under age 19 who:
16 (A) were committed to the Department pursuant
17 to the Juvenile Court Act or the Juvenile Court Act
18 of 1987, as amended, prior to the age of 18 and who
19 continue under the jurisdiction of the court; or
20 (B) were accepted for care, service and
21 training by the Department prior to the age of 18
22 and whose best interest in the discretion of the
23 Department would be served by continuing that care,
24 service and training because of severe emotional
25 disturbances, physical disability, social adjustment
26 or any combination thereof, or because of the need
27 to complete an educational or vocational training
28 program.
29 (2) "Homeless youth" means persons found within the
30 State who are under the age of 19, are not in a safe and
31 stable living situation and cannot be reunited with their
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1 families.
2 (3) "Child welfare services" means public social
3 services which are directed toward the accomplishment of
4 the following purposes:
5 (A) protecting and promoting the health,
6 safety and welfare of children, including homeless,
7 dependent or neglected children;
8 (B) remedying, or assisting in the solution of
9 problems which may result in, the neglect, abuse,
10 exploitation or delinquency of children;
11 (C) preventing the unnecessary separation of
12 children from their families by identifying family
13 problems, assisting families in resolving their
14 problems, and preventing the breakup of the family
15 where the prevention of child removal is desirable
16 and possible when the child can be cared for at home
17 without endangering the child's health and safety;
18 (D) restoring to their families children who
19 have been removed, by the provision of services to
20 the child and the families when the child can be
21 cared for at home without endangering the child's
22 health and safety;
23 (E) placing children in suitable adoptive
24 homes, in cases where restoration to the biological
25 family is not safe, possible or appropriate;
26 (F) assuring safe and adequate care of
27 children away from their homes, in cases where the
28 child cannot be returned home or cannot be placed
29 for adoption. At the time of placement, the
30 Department shall consider concurrent planning, as
31 described in subsection (l-1) of this Section so
32 that permanency may occur at the earliest
33 opportunity. Consideration should be given so that
34 if reunification fails or is delayed, the placement
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1 made is the best available placement to provide
2 permanency for the child;
3 (G) (blank);
4 (H) (blank); and
5 (I) placing and maintaining children in
6 facilities that provide separate living quarters for
7 children under the age of 18 and for children 18
8 years of age and older, unless a child 18 years of
9 age is in the last year of high school education or
10 vocational training, in an approved individual or
11 group treatment program, or in a licensed shelter
12 facility or secure child care facility. The
13 Department is not required to place or maintain
14 children:
15 (i) who are in a foster home, or
16 (ii) who are persons with a developmental
17 disability, as defined in the Mental Health and
18 Developmental Disabilities Code, or
19 (iii) who are female children who are
20 pregnant, pregnant and parenting or parenting,
21 or
22 (iv) who are siblings,
23 in facilities that provide separate living quarters
24 for children 18 years of age and older and for
25 children under 18 years of age.
26 (b) Nothing in this Section shall be construed to
27 authorize the expenditure of public funds for the purpose of
28 performing abortions.
29 (c) The Department shall establish and maintain
30 tax-supported child welfare services and extend and seek to
31 improve voluntary services throughout the State, to the end
32 that services and care shall be available on an equal basis
33 throughout the State to children requiring such services.
34 (d) The Director may authorize advance disbursements for
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1 any new program initiative to any agency contracting with the
2 Department. As a prerequisite for an advance disbursement,
3 the contractor must post a surety bond in the amount of the
4 advance disbursement and have a purchase of service contract
5 approved by the Department. The Department may pay up to 2
6 months operational expenses in advance. The amount of the
7 advance disbursement shall be prorated over the life of the
8 contract or the remaining months of the fiscal year,
9 whichever is less, and the installment amount shall then be
10 deducted from future bills. Advance disbursement
11 authorizations for new initiatives shall not be made to any
12 agency after that agency has operated during 2 consecutive
13 fiscal years. The requirements of this Section concerning
14 advance disbursements shall not apply with respect to the
15 following: payments to local public agencies for child day
16 care services as authorized by Section 5a of this Act; and
17 youth service programs receiving grant funds under Section
18 17a-4.
19 (e) (Blank).
20 (f) (Blank).
21 (g) The Department shall establish rules and regulations
22 concerning its operation of programs designed to meet the
23 goals of child safety and protection, family preservation,
24 family reunification, and adoption, including but not limited
25 to:
26 (1) adoption;
27 (2) foster care;
28 (3) family counseling;
29 (4) protective services;
30 (5) (blank);
31 (6) homemaker service;
32 (7) return of runaway children;
33 (8) (blank);
34 (9) placement under Section 5-7 of the Juvenile
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1 Court Act or Section 2-27, 3-28, 4-25 or 5-29 of the
2 Juvenile Court Act of 1987 in accordance with the federal
3 Adoption Assistance and Child Welfare Act of 1980; and
4 (10) interstate services.
5 Rules and regulations established by the Department shall
6 include provisions for training Department staff and the
7 staff of Department grantees, through contracts with other
8 agencies or resources, in alcohol and drug abuse screening
9 techniques to identify children and adults who should be
10 referred to an alcohol and drug abuse treatment program for
11 professional evaluation.
12 (h) If the Department finds that there is no appropriate
13 program or facility within or available to the Department for
14 a ward and that no licensed private facility has an adequate
15 and appropriate program or none agrees to accept the ward,
16 the Department shall create an appropriate individualized,
17 program-oriented plan for such ward. The plan may be
18 developed within the Department or through purchase of
19 services by the Department to the extent that it is within
20 its statutory authority to do.
21 (i) Service programs shall be available throughout the
22 State and shall include but not be limited to the following
23 services:
24 (1) case management;
25 (2) homemakers;
26 (3) counseling;
27 (4) parent education;
28 (5) day care; and
29 (6) emergency assistance and advocacy.
30 In addition, the following services may be made available
31 to assess and meet the needs of children and families:
32 (1) comprehensive family-based services;
33 (2) assessments;
34 (3) respite care; and
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1 (4) in-home health services.
2 The Department shall provide transportation for any of
3 the services it makes available to children or families or
4 for which it refers children or families.
5 (j) The Department may provide categories of financial
6 assistance and education assistance grants, and shall
7 establish rules and regulations concerning the assistance and
8 grants, to persons who adopt physically or mentally
9 handicapped, older and other hard-to-place children who
10 immediately prior to their adoption were legal wards of the
11 Department. The Department may also provide categories of
12 financial assistance and education assistance grants, and
13 shall establish rules and regulations for the assistance and
14 grants, to persons appointed guardian of the person under
15 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
16 4-25 or 5-29 of the Juvenile Court Act of 1987 for children
17 who were wards of the Department for 12 months immediately
18 prior to the appointment of the successor guardian and for
19 whom the Department has set a goal of permanent family
20 placement with a foster family.
21 The amount of assistance may vary, depending upon the
22 needs of the child and the adoptive parents, as set forth in
23 the annual assistance agreement. Special purpose grants are
24 allowed where the child requires special service but such
25 costs may not exceed the amounts which similar services would
26 cost the Department if it were to provide or secure them as
27 guardian of the child.
28 Any financial assistance provided under this subsection
29 is inalienable by assignment, sale, execution, attachment,
30 garnishment, or any other remedy for recovery or collection
31 of a judgment or debt.
32 (k) The Department shall accept for care and training
33 any child who has been adjudicated neglected or abused, or
34 dependent committed to it pursuant to the Juvenile Court Act
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1 or the Juvenile Court Act of 1987.
2 (l) Before July 1, 2000, the Department may provide, and
3 beginning July 1, 2000, the Department shall provide, family
4 preservation services, as determined to be appropriate and in
5 the child's best interests and when the child will be safe
6 and not be in imminent risk of harm, to any family whose
7 child has been placed in substitute care, any persons who
8 have adopted a child and require post-adoption services, or
9 any persons whose child or children are at risk of being
10 placed outside their home as documented by an "indicated"
11 report of suspected child abuse or neglect determined
12 pursuant to the Abused and Neglected Child Reporting Act.
13 Nothing in this paragraph shall be construed to create a
14 private right of action or claim on the part of any
15 individual or child welfare agency.
16 The Department shall notify the child and his family of
17 the Department's responsibility to offer and provide family
18 preservation services as identified in the service plan. The
19 child and his family shall be eligible for services as soon
20 as the report is determined to be "indicated". The
21 Department may offer services to any child or family with
22 respect to whom a report of suspected child abuse or neglect
23 has been filed, prior to concluding its investigation under
24 Section 7.12 of the Abused and Neglected Child Reporting Act.
25 However, the child's or family's willingness to accept
26 services shall not be considered in the investigation. The
27 Department may also provide services to any child or family
28 who is the subject of any report of suspected child abuse or
29 neglect or may refer such child or family to services
30 available from other agencies in the community, even if the
31 report is determined to be unfounded, if the conditions in
32 the child's or family's home are reasonably likely to subject
33 the child or family to future reports of suspected child
34 abuse or neglect. Acceptance of such services shall be
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1 voluntary.
2 The Department may, at its discretion except for those
3 children also adjudicated neglected or dependent, accept for
4 care and training any child who has been adjudicated
5 addicted, as a truant minor in need of supervision or as a
6 minor requiring authoritative intervention, under the
7 Juvenile Court Act or the Juvenile Court Act of 1987, but no
8 such child shall be committed to the Department by any court
9 without the approval of the Department. A minor charged with
10 a criminal offense under the Criminal Code of 1961 or
11 adjudicated delinquent shall not be placed in the custody of
12 or committed to the Department by any court, except a minor
13 less than 13 years of age committed to the Department under
14 Section 5-23 of the Juvenile Court Act of 1987.
15 (l-1) The legislature recognizes that the best interests
16 of the child require that the child be placed in the most
17 permanent living arrangement as soon as is practically
18 possible. To achieve this goal, the legislature directs the
19 Department of Children and Family Services to conduct
20 concurrent planning so that permanency may occur at the
21 earliest opportunity. Permanent living arrangements may
22 include prevention of placement of a child outside the home
23 of the family when the child can be cared for at home without
24 endangering the child's health or safety; reunification with
25 the family, when safe and appropriate, if temporary placement
26 is necessary; or movement of the child toward the most
27 permanent living arrangement and permanent legal status.
28 When a child is placed in foster care, the Department
29 shall ensure and document that reasonable efforts were made
30 to prevent or eliminate the need to remove the child from the
31 child's home. The Department must make reasonable efforts to
32 reunify the family when temporary placement of the child
33 occurs or must request a finding from the court that
34 reasonable efforts are not appropriate or have been
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1 unsuccessful. At any time after the dispositional hearing
2 where the Department believes that further reunification
3 services would be ineffective, it may request a finding from
4 the court that reasonable efforts are no longer appropriate.
5 The Department is not required to provide further
6 reunification services after such a finding.
7 A decision to place a child in substitute care shall be
8 made with considerations of the child's health, safety, and
9 best interests. At the time of placement, consideration
10 should also be given so that if reunification fails or is
11 delayed, the placement made is the best available placement
12 to provide permanency for the child.
13 The Department shall adopt rules addressing concurrent
14 planning for reunification and permanency. The Department
15 shall consider the following factors when determining
16 appropriateness of concurrent planning:
17 (1) the likelihood of prompt reunification;
18 (2) the past history of the family;
19 (3) the barriers to reunification being addressed
20 by the family;
21 (4) the level of cooperation of the family;
22 (5) the foster parents' willingness to work with
23 the family to reunite;
24 (6) the willingness and ability of the foster
25 family to provide an adoptive home or long-term
26 placement;
27 (7) the age of the child;
28 (8) placement of siblings.
29 (m) The Department may assume temporary custody of any
30 child if:
31 (1) it has received a written consent to such
32 temporary custody signed by the parents of the child or
33 by the parent having custody of the child if the parents
34 are not living together or by the guardian or custodian
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1 of the child if the child is not in the custody of either
2 parent, or
3 (2) the child is found in the State and neither a
4 parent, guardian nor custodian of the child can be
5 located.
6 If the child is found in his or her residence without a
7 parent, guardian, custodian or responsible caretaker, the
8 Department may, instead of removing the child and assuming
9 temporary custody, place an authorized representative of the
10 Department in that residence until such time as a parent,
11 guardian or custodian enters the home and expresses a
12 willingness and apparent ability to ensure the child's health
13 and safety and resume permanent charge of the child, or until
14 a relative enters the home and is willing and able to ensure
15 the child's health and safety and assume charge of the child
16 until a parent, guardian or custodian enters the home and
17 expresses such willingness and ability to ensure the child's
18 safety and resume permanent charge. After a caretaker has
19 remained in the home for a period not to exceed 12 hours, the
20 Department must follow those procedures outlined in Section
21 2-9, 3-11, 4-8 or 5-9 of the Juvenile Court Act of 1987.
22 The Department shall have the authority, responsibilities
23 and duties that a legal custodian of the child would have
24 pursuant to subsection (9) of Section 1-3 of the Juvenile
25 Court Act of 1987. Whenever a child is taken into temporary
26 custody pursuant to an investigation under the Abused and
27 Neglected Child Reporting Act, or pursuant to a referral and
28 acceptance under the Juvenile Court Act of 1987 of a minor in
29 limited custody, the Department, during the period of
30 temporary custody and before the child is brought before a
31 judicial officer as required by Section 2-9, 3-11, 4-8 or 5-9
32 of the Juvenile Court Act of 1987, shall have the authority,
33 responsibilities and duties that a legal custodian of the
34 child would have under subsection (9) of Section 1-3 of the
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1 Juvenile Court Act of 1987.
2 The Department shall ensure that any child taken into
3 custody is scheduled for an appointment for a medical
4 examination.
5 A parent, guardian or custodian of a child in the
6 temporary custody of the Department who would have custody of
7 the child if he were not in the temporary custody of the
8 Department may deliver to the Department a signed request
9 that the Department surrender the temporary custody of the
10 child. The Department may retain temporary custody of the
11 child for 10 days after the receipt of the request, during
12 which period the Department may cause to be filed a petition
13 pursuant to the Juvenile Court Act of 1987. If a petition is
14 so filed, the Department shall retain temporary custody of
15 the child until the court orders otherwise. If a petition is
16 not filed within the 10 day period, the child shall be
17 surrendered to the custody of the requesting parent, guardian
18 or custodian not later than the expiration of the 10 day
19 period, at which time the authority and duties of the
20 Department with respect to the temporary custody of the child
21 shall terminate.
22 (m-1) The Department may place children in secure child
23 care facilities licensed by the Department that care for
24 children who are in need of secure living arrangements for
25 their health, safety, and well-being when the Department
26 determines that placement is (i) necessary for the
27 protection, safety, or well-being of the child or community,
28 (ii) the least restrictive setting available for the child,
29 and (iii) in the child's best interests. This subsection
30 (m-1) does not apply to a child who is subject to placement
31 in a correctional facility operated pursuant to Section
32 3-15-2 of the Unified Code of Corrections. Placements under
33 this subsection (m-1) shall comply with the child's case plan
34 and shall be subject to permanency hearing review under
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1 Section 2-28 of the Juvenile Court Act of 1987.
2 (n) The Department may place children under 18 years of
3 age in licensed child care facilities when in the opinion of
4 the Department, appropriate services aimed at family
5 preservation have been unsuccessful and cannot ensure the
6 child's health and safety or are unavailable and such
7 placement would be for their best interest. Payment for
8 board, clothing, care, training and supervision of any child
9 placed in a licensed child care facility may be made by the
10 Department, by the parents or guardians of the estates of
11 those children, or by both the Department and the parents or
12 guardians, except that no payments shall be made by the
13 Department for any child placed in a licensed child care
14 facility for board, clothing, care, training and supervision
15 of such a child that exceed the average per capita cost of
16 maintaining and of caring for a child in institutions for
17 dependent or neglected children operated by the Department.
18 However, such restriction on payments does not apply in cases
19 where children require specialized care and treatment for
20 problems of severe emotional disturbance, physical
21 disability, social adjustment, or any combination thereof and
22 suitable facilities for the placement of such children are
23 not available at payment rates within the limitations set
24 forth in this Section. All reimbursements for services
25 delivered shall be absolutely inalienable by assignment,
26 sale, attachment, garnishment or otherwise.
27 (o) The Department shall establish an administrative
28 review and appeal process for children and families who
29 request or receive child welfare services from the
30 Department. Children who are wards of the Department and are
31 placed by private child welfare agencies, and foster families
32 with whom those children are placed, shall be afforded the
33 same procedural and appeal rights as children and families in
34 the case of placement by the Department, including the right
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1 to an initial review of a private agency decision by that
2 agency. The Department shall insure that any private child
3 welfare agency, which accepts wards of the Department for
4 placement, affords those rights to children and foster
5 families. The Department shall accept for administrative
6 review and an appeal hearing a complaint made by a child or
7 foster family concerning a decision following an initial
8 review by a private child welfare agency. An appeal of a
9 decision concerning a change in the placement of a child
10 shall be conducted in an expedited manner.
11 (p) There is hereby created the Department of Children
12 and Family Services Emergency Assistance Fund from which the
13 Department may provide special financial assistance to
14 families which are in economic crisis when such assistance is
15 not available through other public or private sources and the
16 assistance is deemed necessary to prevent dissolution of the
17 family unit or to reunite families which have been separated
18 due to child abuse and neglect. The Department shall
19 establish administrative rules specifying the criteria for
20 determining eligibility for and the amount and nature of
21 assistance to be provided. The Department may also enter
22 into written agreements with private and public social
23 service agencies to provide emergency financial services to
24 families referred by the Department. Special financial
25 assistance payments shall be available to a family no more
26 than once during each fiscal year and the total payments to a
27 family may not exceed $500 during a fiscal year.
28 (q) The Department may receive and use, in their
29 entirety, for the benefit of children any gift, donation or
30 bequest of money or other property which is received on
31 behalf of such children, or any financial benefits to which
32 such children are or may become entitled while under the
33 jurisdiction or care of the Department.
34 The Department shall set up and administer no-cost,
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1 interest-bearing savings accounts in appropriate financial
2 institutions ("individual accounts") for children for whom
3 the Department is legally responsible and who have been
4 determined eligible for Veterans' Benefits, Social Security
5 benefits, assistance allotments from the armed forces, court
6 ordered payments, parental voluntary payments, Supplemental
7 Security Income, Railroad Retirement payments, Black Lung
8 benefits, or other miscellaneous payments. Interest earned
9 by each individual account shall be credited to the account,
10 unless disbursed in accordance with this subsection.
11 In disbursing funds from children's individual accounts,
12 the Department shall:
13 (1) Establish standards in accordance with State
14 and federal laws for disbursing money from children's
15 individual accounts. In all circumstances, the
16 Department's "Guardianship Administrator" or his or her
17 designee must approve disbursements from children's
18 individual accounts. The Department shall be responsible
19 for keeping complete records of all disbursements for
20 each individual account for any purpose.
21 (2) Calculate on a monthly basis the amounts paid
22 from State funds for the child's board and care, medical
23 care not covered under Medicaid, and social services; and
24 utilize funds from the child's individual account, as
25 covered by regulation, to reimburse those costs.
26 Monthly, disbursements from all children's individual
27 accounts, up to 1/12 of $13,000,000, shall be deposited
28 by the Department into the General Revenue Fund and the
29 balance over 1/12 of $13,000,000 into the DCFS Children's
30 Services Fund.
31 (3) Maintain any balance remaining after
32 reimbursing for the child's costs of care, as specified
33 in item (2). The balance shall accumulate in accordance
34 with relevant State and federal laws and shall be
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1 disbursed to the child or his or her guardian, or to the
2 issuing agency.
3 (r) The Department shall promulgate regulations
4 encouraging all adoption agencies to voluntarily forward to
5 the Department or its agent names and addresses of all
6 persons who have applied for and have been approved for
7 adoption of a hard-to-place or handicapped child and the
8 names of such children who have not been placed for adoption.
9 A list of such names and addresses shall be maintained by the
10 Department or its agent, and coded lists which maintain the
11 confidentiality of the person seeking to adopt the child and
12 of the child shall be made available, without charge, to
13 every adoption agency in the State to assist the agencies in
14 placing such children for adoption. The Department may
15 delegate to an agent its duty to maintain and make available
16 such lists. The Department shall ensure that such agent
17 maintains the confidentiality of the person seeking to adopt
18 the child and of the child.
19 (s) The Department of Children and Family Services may
20 establish and implement a program to reimburse Department and
21 private child welfare agency foster parents licensed by the
22 Department of Children and Family Services for damages
23 sustained by the foster parents as a result of the malicious
24 or negligent acts of foster children, as well as providing
25 third party coverage for such foster parents with regard to
26 actions of foster children to other individuals. Such
27 coverage will be secondary to the foster parent liability
28 insurance policy, if applicable. The program shall be funded
29 through appropriations from the General Revenue Fund,
30 specifically designated for such purposes.
31 (t) The Department shall perform home studies and
32 investigations and shall exercise supervision over visitation
33 as ordered by a court pursuant to the Illinois Marriage and
34 Dissolution of Marriage Act or the Adoption Act only if:
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1 (1) an order entered by an Illinois court
2 specifically directs the Department to perform such
3 services; and
4 (2) the court has ordered one or both of the
5 parties to the proceeding to reimburse the Department for
6 its reasonable costs for providing such services in
7 accordance with Department rules, or has determined that
8 neither party is financially able to pay.
9 The Department shall provide written notification to the
10 court of the specific arrangements for supervised visitation
11 and projected monthly costs within 60 days of the court
12 order. The Department shall send to the court information
13 related to the costs incurred except in cases where the court
14 has determined the parties are financially unable to pay. The
15 court may order additional periodic reports as appropriate.
16 (u) Whenever the Department places a child in a licensed
17 foster home, group home, child care institution, or in a
18 relative home, the Department shall provide to the caretaker:
19 (1) available detailed information concerning the
20 child's educational and health history, copies of
21 immunization records (including insurance and medical
22 card information), a history of the child's previous
23 placements, if any, and reasons for placement changes
24 excluding any information that identifies or reveals the
25 location of any previous caretaker;
26 (2) a copy of the child's portion of the client
27 service plan, including any visitation arrangement, and
28 all amendments or revisions to it as related to the
29 child; and
30 (3) information containing details of the child's
31 individualized educational plan when the child is
32 receiving special education services.
33 The caretaker shall be informed of any known social or
34 behavioral information (including, but not limited to,
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1 criminal background, fire setting, perpetuation of sexual
2 abuse, destructive behavior, and substance abuse) necessary
3 to care for and safeguard the child.
4 (u-5) Effective July 1, 1995, only foster care
5 placements licensed as foster family homes pursuant to the
6 Child Care Act of 1969 shall be eligible to receive foster
7 care payments from the Department. Relative caregivers who,
8 as of July 1, 1995, were approved pursuant to approved
9 relative placement rules previously promulgated by the
10 Department at 89 Ill. Adm. Code 335 and had submitted an
11 application for licensure as a foster family home may
12 continue to receive foster care payments only until the
13 Department determines that they may be licensed as a foster
14 family home or that their application for licensure is denied
15 or until September 30, 1995, whichever occurs first.
16 (v) The Department shall access criminal history record
17 information as defined in the Illinois Uniform Conviction
18 Information Act and information maintained in the
19 adjudicatory and dispositional record system as defined in
20 subdivision (A)19 of Section 55a of the Civil Administrative
21 Code of Illinois if the Department determines the information
22 is necessary to perform its duties under the Abused and
23 Neglected Child Reporting Act, the Child Care Act of 1969,
24 and the Children and Family Services Act. The Department
25 shall provide for interactive computerized communication and
26 processing equipment that permits direct on-line
27 communication with the Department of State Police's central
28 criminal history data repository. The Department shall
29 comply with all certification requirements and provide
30 certified operators who have been trained by personnel from
31 the Department of State Police. In addition, one Office of
32 the Inspector General investigator shall have training in the
33 use of the criminal history information access system and
34 have access to the terminal. The Department of Children and
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1 Family Services and its employees shall abide by rules and
2 regulations established by the Department of State Police
3 relating to the access and dissemination of this information.
4 (w) Within 120 days of August 20, 1995 (the effective
5 date of Public Act 89-392), the Department shall prepare and
6 submit to the Governor and the General Assembly, a written
7 plan for the development of in-state licensed secure child
8 care facilities that care for children who are in need of
9 secure living arrangements for their health, safety, and
10 well-being. For purposes of this subsection, secure care
11 facility shall mean a facility that is designed and operated
12 to ensure that all entrances and exits from the facility, a
13 building or a distinct part of the building, are under the
14 exclusive control of the staff of the facility, whether or
15 not the child has the freedom of movement within the
16 perimeter of the facility, building, or distinct part of the
17 building. The plan shall include descriptions of the types
18 of facilities that are needed in Illinois; the cost of
19 developing these secure care facilities; the estimated number
20 of placements; the potential cost savings resulting from the
21 movement of children currently out-of-state who are projected
22 to be returned to Illinois; the necessary geographic
23 distribution of these facilities in Illinois; and a proposed
24 timetable for development of such facilities.
25 (Source: P.A. 89-21, eff. 6-6-95; 89-392, eff. 8-20-95;
26 89-507, eff. 7-1-97; 89-626, eff. 8-9-96; 90-11, eff. 1-1-98;
27 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-362, eff. 1-1-98;
28 revised 10-20-97.)
29 Section 3. The Child Care Act of 1969 is amended by
30 changing Section 4 and adding Sections 2.22 and 3.1 as
31 follows:
32 (225 ILCS 10/2.22 new)
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1 Sec. 2.22. Secure child care facility. "Secure child
2 care facility" means any child care facility licensed by the
3 Department to provide secure living arrangements for children
4 under 19 years of age who are not subject to placement in
5 facilities for whom standards are established by the
6 Department of Corrections under Section 3-15-2 of the Unified
7 Code of Corrections and which comply with the requirements of
8 this Act and applicable rules of the Department and which
9 shall be consistent with requirements established for child
10 residents of mental health facilities under the Mental Health
11 and Developmental Disabilities Code.
12 (225 ILCS 10/3.1 new)
13 Sec. 3.1. Licenses for secure child care facility. The
14 Department shall establish standards for licensing secure
15 child care facilities which comply with the requirements of
16 this Act, applicable requirements of the Mental Health and
17 Developmental Disabilities Code, and applicable rules of the
18 Department. On or before January 1, 1999, the Department
19 shall develop rules that set standards and the degree of need
20 for licensed secure facilities. Within 90 days after the
21 effective date of this amendatory Act of 1998, the Director
22 shall appoint an advisory committee to assist the Department
23 in the development of these rules.
24 (225 ILCS 10/4) (from Ch. 23, par. 2214)
25 Sec. 4. License requirement; application; notice.
26 (a) Any person, group of persons or corporation who or
27 which receives children or arranges for care or placement of
28 one or more children unrelated to the operator must apply for
29 a license to operate one of the types of facilities defined
30 in Sections 2.05 through 2.19 and Section 2.22 of this Act.
31 Any relative who receives a child or children for placement
32 by the Department on a full-time basis may apply for a
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1 license to operate a foster family home as defined in Section
2 2.17 of this Act.
3 (b) Application for a license to operate a child care
4 facility must be made to the Department in the manner and on
5 forms prescribed by it. An application to operate a foster
6 family home shall include, at a minimum: a completed written
7 form; written authorization by the applicant and all adult
8 members of the applicant's household to conduct a criminal
9 background investigation; medical evidence in the form of a
10 medical report, on forms prescribed by the Department, that
11 the applicant and all members of the household are free from
12 communicable diseases or physical and mental conditions that
13 affect their ability to provide care for the child or
14 children; the names and addresses of at least 3 persons not
15 related to the applicant who can attest to the applicant's
16 moral character; and fingerprints submitted by the applicant
17 and all adult members of the applicant's household.
18 (c) The Department shall notify the public when a child
19 care institution, maternity center, or group home licensed by
20 the Department undergoes a change in (i) the range of care or
21 services offered at the facility, (ii) the age or type of
22 children served, or (iii) the area within the facility used
23 by children. The Department shall notify the public of the
24 change in a newspaper of general circulation in the county or
25 municipality in which the applicant's facility is or is
26 proposed to be located.
27 (d) If, upon examination of the facility and
28 investigation of persons responsible for care of children,
29 the Department is satisfied that the facility and responsible
30 persons reasonably meet standards prescribed for the type of
31 facility for which application is made, it shall issue a
32 license in proper form, designating on that license the type
33 of child care facility and, except for a child welfare
34 agency, the number of children to be served at any one time.
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1 (Source: P.A. 89-21, eff. 7-1-95; 90-90, eff. 7-11-97.)
2 Section 99. Effective date. This Act takes effect upon
3 becoming law.