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90_HB3672ham001
LRB9010726RCksam
1 AMENDMENT TO HOUSE BILL 3672
2 AMENDMENT NO. . Amend House Bill 3672 by replacing
3 the title with the following:
4 "AN ACT in relation to rights and remedies."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 2. The Children and Family Services Act is
8 amended by changing Section 5 as follows:
9 (20 ILCS 505/5) (from Ch. 23, par. 5005)
10 Sec. 5. Direct child welfare services; Department of
11 Children and Family Services. To provide direct child welfare
12 services when not available through other public or private
13 child care or program facilities.
14 (a) For purposes of this Section:
15 (1) "Children" means persons found within the State
16 who are under the age of 18 years. The term also
17 includes persons under age 19 who:
18 (A) were committed to the Department pursuant
19 to the Juvenile Court Act or the Juvenile Court Act
20 of 1987, as amended, prior to the age of 18 and who
21 continue under the jurisdiction of the court; or
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1 (B) were accepted for care, service and
2 training by the Department prior to the age of 18
3 and whose best interest in the discretion of the
4 Department would be served by continuing that care,
5 service and training because of severe emotional
6 disturbances, physical disability, social adjustment
7 or any combination thereof, or because of the need
8 to complete an educational or vocational training
9 program.
10 (2) "Homeless youth" means persons found within the
11 State who are under the age of 19, are not in a safe and
12 stable living situation and cannot be reunited with their
13 families.
14 (3) "Child welfare services" means public social
15 services which are directed toward the accomplishment of
16 the following purposes:
17 (A) protecting and promoting the health,
18 safety and welfare of children, including homeless,
19 dependent or neglected children;
20 (B) remedying, or assisting in the solution of
21 problems which may result in, the neglect, abuse,
22 exploitation or delinquency of children;
23 (C) preventing the unnecessary separation of
24 children from their families by identifying family
25 problems, assisting families in resolving their
26 problems, and preventing the breakup of the family
27 where the prevention of child removal is desirable
28 and possible when the child can be cared for at home
29 without endangering the child's health and safety;
30 (D) restoring to their families children who
31 have been removed, by the provision of services to
32 the child and the families when the child can be
33 cared for at home without endangering the child's
34 health and safety;
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1 (E) placing children in suitable adoptive
2 homes, in cases where restoration to the biological
3 family is not safe, possible or appropriate;
4 (F) assuring safe and adequate care of
5 children away from their homes, in cases where the
6 child cannot be returned home or cannot be placed
7 for adoption. At the time of placement, the
8 Department shall consider concurrent planning, as
9 described in subsection (l-1) of this Section so
10 that permanency may occur at the earliest
11 opportunity. Consideration should be given so that
12 if reunification fails or is delayed, the placement
13 made is the best available placement to provide
14 permanency for the child;
15 (G) (blank);
16 (H) (blank); and
17 (I) placing and maintaining children in
18 facilities that provide separate living quarters for
19 children under the age of 18 and for children 18
20 years of age and older, unless a child 18 years of
21 age is in the last year of high school education or
22 vocational training, in an approved individual or
23 group treatment program, or in a licensed shelter
24 facility or secure child care facility. The
25 Department is not required to place or maintain
26 children:
27 (i) who are in a foster home, or
28 (ii) who are persons with a developmental
29 disability, as defined in the Mental Health and
30 Developmental Disabilities Code, or
31 (iii) who are female children who are
32 pregnant, pregnant and parenting or parenting,
33 or
34 (iv) who are siblings,
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1 in facilities that provide separate living quarters
2 for children 18 years of age and older and for
3 children under 18 years of age.
4 (b) Nothing in this Section shall be construed to
5 authorize the expenditure of public funds for the purpose of
6 performing abortions.
7 (c) The Department shall establish and maintain
8 tax-supported child welfare services and extend and seek to
9 improve voluntary services throughout the State, to the end
10 that services and care shall be available on an equal basis
11 throughout the State to children requiring such services.
12 (d) The Director may authorize advance disbursements for
13 any new program initiative to any agency contracting with the
14 Department. As a prerequisite for an advance disbursement,
15 the contractor must post a surety bond in the amount of the
16 advance disbursement and have a purchase of service contract
17 approved by the Department. The Department may pay up to 2
18 months operational expenses in advance. The amount of the
19 advance disbursement shall be prorated over the life of the
20 contract or the remaining months of the fiscal year,
21 whichever is less, and the installment amount shall then be
22 deducted from future bills. Advance disbursement
23 authorizations for new initiatives shall not be made to any
24 agency after that agency has operated during 2 consecutive
25 fiscal years. The requirements of this Section concerning
26 advance disbursements shall not apply with respect to the
27 following: payments to local public agencies for child day
28 care services as authorized by Section 5a of this Act; and
29 youth service programs receiving grant funds under Section
30 17a-4.
31 (e) (Blank).
32 (f) (Blank).
33 (g) The Department shall establish rules and regulations
34 concerning its operation of programs designed to meet the
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1 goals of child safety and protection, family preservation,
2 family reunification, and adoption, including but not limited
3 to:
4 (1) adoption;
5 (2) foster care;
6 (3) family counseling;
7 (4) protective services;
8 (5) (blank);
9 (6) homemaker service;
10 (7) return of runaway children;
11 (8) (blank);
12 (9) placement under Section 5-7 of the Juvenile
13 Court Act or Section 2-27, 3-28, 4-25 or 5-29 of the
14 Juvenile Court Act of 1987 in accordance with the federal
15 Adoption Assistance and Child Welfare Act of 1980; and
16 (10) interstate services.
17 Rules and regulations established by the Department shall
18 include provisions for training Department staff and the
19 staff of Department grantees, through contracts with other
20 agencies or resources, in alcohol and drug abuse screening
21 techniques to identify children and adults who should be
22 referred to an alcohol and drug abuse treatment program for
23 professional evaluation.
24 (h) If the Department finds that there is no appropriate
25 program or facility within or available to the Department for
26 a ward and that no licensed private facility has an adequate
27 and appropriate program or none agrees to accept the ward,
28 the Department shall create an appropriate individualized,
29 program-oriented plan for such ward. The plan may be
30 developed within the Department or through purchase of
31 services by the Department to the extent that it is within
32 its statutory authority to do.
33 (i) Service programs shall be available throughout the
34 State and shall include but not be limited to the following
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1 services:
2 (1) case management;
3 (2) homemakers;
4 (3) counseling;
5 (4) parent education;
6 (5) day care; and
7 (6) emergency assistance and advocacy.
8 In addition, the following services may be made available
9 to assess and meet the needs of children and families:
10 (1) comprehensive family-based services;
11 (2) assessments;
12 (3) respite care; and
13 (4) in-home health services.
14 The Department shall provide transportation for any of
15 the services it makes available to children or families or
16 for which it refers children or families.
17 (j) The Department may provide categories of financial
18 assistance and education assistance grants, and shall
19 establish rules and regulations concerning the assistance and
20 grants, to persons who adopt physically or mentally
21 handicapped, older and other hard-to-place children who
22 immediately prior to their adoption were legal wards of the
23 Department. The Department may also provide categories of
24 financial assistance and education assistance grants, and
25 shall establish rules and regulations for the assistance and
26 grants, to persons appointed guardian of the person under
27 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
28 4-25 or 5-29 of the Juvenile Court Act of 1987 for children
29 who were wards of the Department for 12 months immediately
30 prior to the appointment of the successor guardian and for
31 whom the Department has set a goal of permanent family
32 placement with a foster family.
33 The amount of assistance may vary, depending upon the
34 needs of the child and the adoptive parents, as set forth in
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1 the annual assistance agreement. Special purpose grants are
2 allowed where the child requires special service but such
3 costs may not exceed the amounts which similar services would
4 cost the Department if it were to provide or secure them as
5 guardian of the child.
6 Any financial assistance provided under this subsection
7 is inalienable by assignment, sale, execution, attachment,
8 garnishment, or any other remedy for recovery or collection
9 of a judgment or debt.
10 (k) The Department shall accept for care and training
11 any child who has been adjudicated neglected or abused, or
12 dependent committed to it pursuant to the Juvenile Court Act
13 or the Juvenile Court Act of 1987.
14 (l) Before July 1, 2000, the Department may provide, and
15 beginning July 1, 2000, the Department shall provide, family
16 preservation services, as determined to be appropriate and in
17 the child's best interests and when the child will be safe
18 and not be in imminent risk of harm, to any family whose
19 child has been placed in substitute care, any persons who
20 have adopted a child and require post-adoption services, or
21 any persons whose child or children are at risk of being
22 placed outside their home as documented by an "indicated"
23 report of suspected child abuse or neglect determined
24 pursuant to the Abused and Neglected Child Reporting Act.
25 Nothing in this paragraph shall be construed to create a
26 private right of action or claim on the part of any
27 individual or child welfare agency.
28 The Department shall notify the child and his family of
29 the Department's responsibility to offer and provide family
30 preservation services as identified in the service plan. The
31 child and his family shall be eligible for services as soon
32 as the report is determined to be "indicated". The
33 Department may offer services to any child or family with
34 respect to whom a report of suspected child abuse or neglect
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1 has been filed, prior to concluding its investigation under
2 Section 7.12 of the Abused and Neglected Child Reporting Act.
3 However, the child's or family's willingness to accept
4 services shall not be considered in the investigation. The
5 Department may also provide services to any child or family
6 who is the subject of any report of suspected child abuse or
7 neglect or may refer such child or family to services
8 available from other agencies in the community, even if the
9 report is determined to be unfounded, if the conditions in
10 the child's or family's home are reasonably likely to subject
11 the child or family to future reports of suspected child
12 abuse or neglect. Acceptance of such services shall be
13 voluntary.
14 The Department may, at its discretion except for those
15 children also adjudicated neglected or dependent, accept for
16 care and training any child who has been adjudicated
17 addicted, as a truant minor in need of supervision or as a
18 minor requiring authoritative intervention, under the
19 Juvenile Court Act or the Juvenile Court Act of 1987, but no
20 such child shall be committed to the Department by any court
21 without the approval of the Department. A minor charged with
22 a criminal offense under the Criminal Code of 1961 or
23 adjudicated delinquent shall not be placed in the custody of
24 or committed to the Department by any court, except a minor
25 less than 13 years of age committed to the Department under
26 Section 5-23 of the Juvenile Court Act of 1987.
27 (l-1) The legislature recognizes that the best interests
28 of the child require that the child be placed in the most
29 permanent living arrangement as soon as is practically
30 possible. To achieve this goal, the legislature directs the
31 Department of Children and Family Services to conduct
32 concurrent planning so that permanency may occur at the
33 earliest opportunity. Permanent living arrangements may
34 include prevention of placement of a child outside the home
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1 of the family when the child can be cared for at home without
2 endangering the child's health or safety; reunification with
3 the family, when safe and appropriate, if temporary placement
4 is necessary; or movement of the child toward the most
5 permanent living arrangement and permanent legal status.
6 When a child is placed in foster care, the Department
7 shall ensure and document that reasonable efforts were made
8 to prevent or eliminate the need to remove the child from the
9 child's home. The Department must make reasonable efforts to
10 reunify the family when temporary placement of the child
11 occurs or must request a finding from the court that
12 reasonable efforts are not appropriate or have been
13 unsuccessful. At any time after the dispositional hearing
14 where the Department believes that further reunification
15 services would be ineffective, it may request a finding from
16 the court that reasonable efforts are no longer appropriate.
17 The Department is not required to provide further
18 reunification services after such a finding.
19 A decision to place a child in substitute care shall be
20 made with considerations of the child's health, safety, and
21 best interests. At the time of placement, consideration
22 should also be given so that if reunification fails or is
23 delayed, the placement made is the best available placement
24 to provide permanency for the child.
25 The Department shall adopt rules addressing concurrent
26 planning for reunification and permanency. The Department
27 shall consider the following factors when determining
28 appropriateness of concurrent planning:
29 (1) the likelihood of prompt reunification;
30 (2) the past history of the family;
31 (3) the barriers to reunification being addressed
32 by the family;
33 (4) the level of cooperation of the family;
34 (5) the foster parents' willingness to work with
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1 the family to reunite;
2 (6) the willingness and ability of the foster
3 family to provide an adoptive home or long-term
4 placement;
5 (7) the age of the child;
6 (8) placement of siblings.
7 (m) The Department may assume temporary custody of any
8 child if:
9 (1) it has received a written consent to such
10 temporary custody signed by the parents of the child or
11 by the parent having custody of the child if the parents
12 are not living together or by the guardian or custodian
13 of the child if the child is not in the custody of either
14 parent, or
15 (2) the child is found in the State and neither a
16 parent, guardian nor custodian of the child can be
17 located.
18 If the child is found in his or her residence without a
19 parent, guardian, custodian or responsible caretaker, the
20 Department may, instead of removing the child and assuming
21 temporary custody, place an authorized representative of the
22 Department in that residence until such time as a parent,
23 guardian or custodian enters the home and expresses a
24 willingness and apparent ability to ensure the child's health
25 and safety and resume permanent charge of the child, or until
26 a relative enters the home and is willing and able to ensure
27 the child's health and safety and assume charge of the child
28 until a parent, guardian or custodian enters the home and
29 expresses such willingness and ability to ensure the child's
30 safety and resume permanent charge. After a caretaker has
31 remained in the home for a period not to exceed 12 hours, the
32 Department must follow those procedures outlined in Section
33 2-9, 3-11, 4-8 or 5-9 of the Juvenile Court Act of 1987.
34 The Department shall have the authority, responsibilities
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1 and duties that a legal custodian of the child would have
2 pursuant to subsection (9) of Section 1-3 of the Juvenile
3 Court Act of 1987. Whenever a child is taken into temporary
4 custody pursuant to an investigation under the Abused and
5 Neglected Child Reporting Act, or pursuant to a referral and
6 acceptance under the Juvenile Court Act of 1987 of a minor in
7 limited custody, the Department, during the period of
8 temporary custody and before the child is brought before a
9 judicial officer as required by Section 2-9, 3-11, 4-8 or 5-9
10 of the Juvenile Court Act of 1987, shall have the authority,
11 responsibilities and duties that a legal custodian of the
12 child would have under subsection (9) of Section 1-3 of the
13 Juvenile Court Act of 1987.
14 The Department shall ensure that any child taken into
15 custody is scheduled for an appointment for a medical
16 examination.
17 A parent, guardian or custodian of a child in the
18 temporary custody of the Department who would have custody of
19 the child if he were not in the temporary custody of the
20 Department may deliver to the Department a signed request
21 that the Department surrender the temporary custody of the
22 child. The Department may retain temporary custody of the
23 child for 10 days after the receipt of the request, during
24 which period the Department may cause to be filed a petition
25 pursuant to the Juvenile Court Act of 1987. If a petition is
26 so filed, the Department shall retain temporary custody of
27 the child until the court orders otherwise. If a petition is
28 not filed within the 10 day period, the child shall be
29 surrendered to the custody of the requesting parent, guardian
30 or custodian not later than the expiration of the 10 day
31 period, at which time the authority and duties of the
32 Department with respect to the temporary custody of the child
33 shall terminate.
34 (m-1) The Department may place children in secure child
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1 care facilities licensed by the Department that care for
2 children who are in need of secure living arrangements for
3 their health, safety, and well-being when the Department
4 determines that placement is (i) necessary for the
5 protection, safety, or well-being of the child or community,
6 (ii) the least restrictive setting available for the child,
7 and (iii) in the child's best interests. This subsection
8 (m-1) does not apply to a child who is subject to placement
9 in a correctional facility operated pursuant to Section
10 3-15-2 of the Unified Code of Corrections. Placements under
11 this subsection (m-1) shall comply with the child's case plan
12 and shall be subject to permanency hearing review under
13 Section 2-28 of the Juvenile Court Act of 1987.
14 (n) The Department may place children under 18 years of
15 age in licensed child care facilities when in the opinion of
16 the Department, appropriate services aimed at family
17 preservation have been unsuccessful and cannot ensure the
18 child's health and safety or are unavailable and such
19 placement would be for their best interest. Payment for
20 board, clothing, care, training and supervision of any child
21 placed in a licensed child care facility may be made by the
22 Department, by the parents or guardians of the estates of
23 those children, or by both the Department and the parents or
24 guardians, except that no payments shall be made by the
25 Department for any child placed in a licensed child care
26 facility for board, clothing, care, training and supervision
27 of such a child that exceed the average per capita cost of
28 maintaining and of caring for a child in institutions for
29 dependent or neglected children operated by the Department.
30 However, such restriction on payments does not apply in cases
31 where children require specialized care and treatment for
32 problems of severe emotional disturbance, physical
33 disability, social adjustment, or any combination thereof and
34 suitable facilities for the placement of such children are
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1 not available at payment rates within the limitations set
2 forth in this Section. All reimbursements for services
3 delivered shall be absolutely inalienable by assignment,
4 sale, attachment, garnishment or otherwise.
5 (o) The Department shall establish an administrative
6 review and appeal process for children and families who
7 request or receive child welfare services from the
8 Department. Children who are wards of the Department and are
9 placed by private child welfare agencies, and foster families
10 with whom those children are placed, shall be afforded the
11 same procedural and appeal rights as children and families in
12 the case of placement by the Department, including the right
13 to an initial review of a private agency decision by that
14 agency. The Department shall insure that any private child
15 welfare agency, which accepts wards of the Department for
16 placement, affords those rights to children and foster
17 families. The Department shall accept for administrative
18 review and an appeal hearing a complaint made by a child or
19 foster family concerning a decision following an initial
20 review by a private child welfare agency. An appeal of a
21 decision concerning a change in the placement of a child
22 shall be conducted in an expedited manner.
23 (p) There is hereby created the Department of Children
24 and Family Services Emergency Assistance Fund from which the
25 Department may provide special financial assistance to
26 families which are in economic crisis when such assistance is
27 not available through other public or private sources and the
28 assistance is deemed necessary to prevent dissolution of the
29 family unit or to reunite families which have been separated
30 due to child abuse and neglect. The Department shall
31 establish administrative rules specifying the criteria for
32 determining eligibility for and the amount and nature of
33 assistance to be provided. The Department may also enter
34 into written agreements with private and public social
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1 service agencies to provide emergency financial services to
2 families referred by the Department. Special financial
3 assistance payments shall be available to a family no more
4 than once during each fiscal year and the total payments to a
5 family may not exceed $500 during a fiscal year.
6 (q) The Department may receive and use, in their
7 entirety, for the benefit of children any gift, donation or
8 bequest of money or other property which is received on
9 behalf of such children, or any financial benefits to which
10 such children are or may become entitled while under the
11 jurisdiction or care of the Department.
12 The Department shall set up and administer no-cost,
13 interest-bearing savings accounts in appropriate financial
14 institutions ("individual accounts") for children for whom
15 the Department is legally responsible and who have been
16 determined eligible for Veterans' Benefits, Social Security
17 benefits, assistance allotments from the armed forces, court
18 ordered payments, parental voluntary payments, Supplemental
19 Security Income, Railroad Retirement payments, Black Lung
20 benefits, or other miscellaneous payments. Interest earned
21 by each individual account shall be credited to the account,
22 unless disbursed in accordance with this subsection.
23 In disbursing funds from children's individual accounts,
24 the Department shall:
25 (1) Establish standards in accordance with State
26 and federal laws for disbursing money from children's
27 individual accounts. In all circumstances, the
28 Department's "Guardianship Administrator" or his or her
29 designee must approve disbursements from children's
30 individual accounts. The Department shall be responsible
31 for keeping complete records of all disbursements for
32 each individual account for any purpose.
33 (2) Calculate on a monthly basis the amounts paid
34 from State funds for the child's board and care, medical
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1 care not covered under Medicaid, and social services; and
2 utilize funds from the child's individual account, as
3 covered by regulation, to reimburse those costs.
4 Monthly, disbursements from all children's individual
5 accounts, up to 1/12 of $13,000,000, shall be deposited
6 by the Department into the General Revenue Fund and the
7 balance over 1/12 of $13,000,000 into the DCFS Children's
8 Services Fund.
9 (3) Maintain any balance remaining after
10 reimbursing for the child's costs of care, as specified
11 in item (2). The balance shall accumulate in accordance
12 with relevant State and federal laws and shall be
13 disbursed to the child or his or her guardian, or to the
14 issuing agency.
15 (r) The Department shall promulgate regulations
16 encouraging all adoption agencies to voluntarily forward to
17 the Department or its agent names and addresses of all
18 persons who have applied for and have been approved for
19 adoption of a hard-to-place or handicapped child and the
20 names of such children who have not been placed for adoption.
21 A list of such names and addresses shall be maintained by the
22 Department or its agent, and coded lists which maintain the
23 confidentiality of the person seeking to adopt the child and
24 of the child shall be made available, without charge, to
25 every adoption agency in the State to assist the agencies in
26 placing such children for adoption. The Department may
27 delegate to an agent its duty to maintain and make available
28 such lists. The Department shall ensure that such agent
29 maintains the confidentiality of the person seeking to adopt
30 the child and of the child.
31 (s) The Department of Children and Family Services may
32 establish and implement a program to reimburse Department and
33 private child welfare agency foster parents licensed by the
34 Department of Children and Family Services for damages
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1 sustained by the foster parents as a result of the malicious
2 or negligent acts of foster children, as well as providing
3 third party coverage for such foster parents with regard to
4 actions of foster children to other individuals. Such
5 coverage will be secondary to the foster parent liability
6 insurance policy, if applicable. The program shall be funded
7 through appropriations from the General Revenue Fund,
8 specifically designated for such purposes.
9 (t) The Department shall perform home studies and
10 investigations and shall exercise supervision over visitation
11 as ordered by a court pursuant to the Illinois Marriage and
12 Dissolution of Marriage Act or the Adoption Act only if:
13 (1) an order entered by an Illinois court
14 specifically directs the Department to perform such
15 services; and
16 (2) the court has ordered one or both of the
17 parties to the proceeding to reimburse the Department for
18 its reasonable costs for providing such services in
19 accordance with Department rules, or has determined that
20 neither party is financially able to pay.
21 The Department shall provide written notification to the
22 court of the specific arrangements for supervised visitation
23 and projected monthly costs within 60 days of the court
24 order. The Department shall send to the court information
25 related to the costs incurred except in cases where the court
26 has determined the parties are financially unable to pay. The
27 court may order additional periodic reports as appropriate.
28 (u) Whenever the Department places a child in a licensed
29 foster home, group home, child care institution, or in a
30 relative home, the Department shall provide to the caretaker:
31 (1) available detailed information concerning the
32 child's educational and health history, copies of
33 immunization records (including insurance and medical
34 card information), a history of the child's previous
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1 placements, if any, and reasons for placement changes
2 excluding any information that identifies or reveals the
3 location of any previous caretaker;
4 (2) a copy of the child's portion of the client
5 service plan, including any visitation arrangement, and
6 all amendments or revisions to it as related to the
7 child; and
8 (3) information containing details of the child's
9 individualized educational plan when the child is
10 receiving special education services.
11 The caretaker shall be informed of any known social or
12 behavioral information (including, but not limited to,
13 criminal background, fire setting, perpetuation of sexual
14 abuse, destructive behavior, and substance abuse) necessary
15 to care for and safeguard the child.
16 (u-5) Effective July 1, 1995, only foster care
17 placements licensed as foster family homes pursuant to the
18 Child Care Act of 1969 shall be eligible to receive foster
19 care payments from the Department. Relative caregivers who,
20 as of July 1, 1995, were approved pursuant to approved
21 relative placement rules previously promulgated by the
22 Department at 89 Ill. Adm. Code 335 and had submitted an
23 application for licensure as a foster family home may
24 continue to receive foster care payments only until the
25 Department determines that they may be licensed as a foster
26 family home or that their application for licensure is denied
27 or until September 30, 1995, whichever occurs first.
28 (v) The Department shall access criminal history record
29 information as defined in the Illinois Uniform Conviction
30 Information Act and information maintained in the
31 adjudicatory and dispositional record system as defined in
32 subdivision (A)19 of Section 55a of the Civil Administrative
33 Code of Illinois if the Department determines the information
34 is necessary to perform its duties under the Abused and
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1 Neglected Child Reporting Act, the Child Care Act of 1969,
2 and the Children and Family Services Act. The Department
3 shall provide for interactive computerized communication and
4 processing equipment that permits direct on-line
5 communication with the Department of State Police's central
6 criminal history data repository. The Department shall
7 comply with all certification requirements and provide
8 certified operators who have been trained by personnel from
9 the Department of State Police. In addition, one Office of
10 the Inspector General investigator shall have training in the
11 use of the criminal history information access system and
12 have access to the terminal. The Department of Children and
13 Family Services and its employees shall abide by rules and
14 regulations established by the Department of State Police
15 relating to the access and dissemination of this information.
16 (w) Within 120 days of August 20, 1995 (the effective
17 date of Public Act 89-392), the Department shall prepare and
18 submit to the Governor and the General Assembly, a written
19 plan for the development of in-state licensed secure child
20 care facilities that care for children who are in need of
21 secure living arrangements for their health, safety, and
22 well-being. For purposes of this subsection, secure care
23 facility shall mean a facility that is designed and operated
24 to ensure that all entrances and exits from the facility, a
25 building or a distinct part of the building, are under the
26 exclusive control of the staff of the facility, whether or
27 not the child has the freedom of movement within the
28 perimeter of the facility, building, or distinct part of the
29 building. The plan shall include descriptions of the types
30 of facilities that are needed in Illinois; the cost of
31 developing these secure care facilities; the estimated number
32 of placements; the potential cost savings resulting from the
33 movement of children currently out-of-state who are projected
34 to be returned to Illinois; the necessary geographic
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1 distribution of these facilities in Illinois; and a proposed
2 timetable for development of such facilities.
3 (Source: P.A. 89-21, eff. 6-6-95; 89-392, eff. 8-20-95;
4 89-507, eff. 7-1-97; 89-626, eff. 8-9-96; 90-11, eff. 1-1-98;
5 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-362, eff. 1-1-98;
6 revised 10-20-97.)
7 Section 3. The Child Care Act of 1969 is amended by
8 changing Section 4 and adding Sections 2.22 and 3.1 as
9 follows:
10 (225 ILCS 10/2.22 new)
11 Sec. 2.22. Secure child care facility. "Secure child
12 care facility" means any child care facility licensed by the
13 Department to provide secure living arrangements for children
14 under 19 years of age who are not subject to placement in
15 facilities for whom standards are established by the
16 Department of Corrections under Section 3-15-2 of the Unified
17 Code of Corrections and which comply with the requirements of
18 this Act and applicable rules of the Department and which
19 shall be consistent with requirements established for child
20 residents of mental health facilities under the Mental Health
21 and Developmental Disabilities Code.
22 (225 ILCS 10/3.1 new)
23 Sec. 3.1. Licenses for secure child care facility. The
24 Department shall establish standards for licensing secure
25 child care facilities which comply with the requirements of
26 this Act, applicable requirements of the Mental Health and
27 Developmental Disabilities Code, and applicable rules of the
28 Department. On or before January 1, 1999, the Department
29 shall develop rules that set standards and the degree of need
30 for licensed secure facilities. Within 90 days after the
31 effective date of this amendatory Act of 1998, the Director
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1 shall appoint an advisory committee to assist the Department
2 in the development of these rules.
3 (225 ILCS 10/4) (from Ch. 23, par. 2214)
4 Sec. 4. License requirement; application; notice.
5 (a) Any person, group of persons or corporation who or
6 which receives children or arranges for care or placement of
7 one or more children unrelated to the operator must apply for
8 a license to operate one of the types of facilities defined
9 in Sections 2.05 through 2.19 and Section 2.22 of this Act.
10 Any relative who receives a child or children for placement
11 by the Department on a full-time basis may apply for a
12 license to operate a foster family home as defined in Section
13 2.17 of this Act.
14 (b) Application for a license to operate a child care
15 facility must be made to the Department in the manner and on
16 forms prescribed by it. An application to operate a foster
17 family home shall include, at a minimum: a completed written
18 form; written authorization by the applicant and all adult
19 members of the applicant's household to conduct a criminal
20 background investigation; medical evidence in the form of a
21 medical report, on forms prescribed by the Department, that
22 the applicant and all members of the household are free from
23 communicable diseases or physical and mental conditions that
24 affect their ability to provide care for the child or
25 children; the names and addresses of at least 3 persons not
26 related to the applicant who can attest to the applicant's
27 moral character; and fingerprints submitted by the applicant
28 and all adult members of the applicant's household.
29 (c) The Department shall notify the public when a child
30 care institution, maternity center, or group home licensed by
31 the Department undergoes a change in (i) the range of care or
32 services offered at the facility, (ii) the age or type of
33 children served, or (iii) the area within the facility used
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1 by children. The Department shall notify the public of the
2 change in a newspaper of general circulation in the county or
3 municipality in which the applicant's facility is or is
4 proposed to be located.
5 (d) If, upon examination of the facility and
6 investigation of persons responsible for care of children,
7 the Department is satisfied that the facility and responsible
8 persons reasonably meet standards prescribed for the type of
9 facility for which application is made, it shall issue a
10 license in proper form, designating on that license the type
11 of child care facility and, except for a child welfare
12 agency, the number of children to be served at any one time.
13 (Source: P.A. 89-21, eff. 7-1-95; 90-90, eff. 7-11-97.)
14 Section 5. The Unified Code of Corrections is amended by
15 changing Sections 5-5-6 and 5-6-2 as follows:
16 (730 ILCS 5/5-5-6) (from Ch. 38, par. 1005-5-6)
17 Sec. 5-5-6. In all convictions for offenses in violation
18 of the Criminal Code of 1961 in which the person received any
19 injury to their person or damage to their real or personal
20 property as a result of the criminal act of the defendant,
21 the court shall order restitution as provided in this
22 Section. When the offender is sentenced to make restitution
23 the Court shall determine the restitution as hereinafter set
24 forth:
25 (a) At the sentence hearing, the court shall
26 determine whether the property may be restored in kind to
27 the possession of the owner or the person entitled to
28 possession thereof; or whether the defendant is possessed
29 of sufficient skill to repair and restore property
30 damaged; or whether the defendant should be required to
31 make restitution in cash, for out-of-pocket expenses,
32 damages, losses, or injuries found to have been
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1 proximately caused by the conduct of the defendant or
2 another for whom the defendant is legally accountable
3 under the provisions of Article V of the Criminal Code of
4 1961.
5 (b) In fixing the amount of restitution to be paid
6 in cash, the court shall allow credit for property
7 returned in kind, for property damages ordered to be
8 repaired by the defendant, and for property ordered to be
9 restored by the defendant; and after granting the credit,
10 the court shall assess the actual out-of-pocket expenses,
11 losses, damages, and injuries suffered by the victim
12 named in the charge and any other victims who may also
13 have suffered out-of-pocket expenses, losses, damages,
14 and injuries proximately caused by the same criminal
15 conduct of the defendant, and insurance carriers who have
16 indemnified the named victim or other victims for the
17 out-of-pocket expenses, losses, damages, or injuries,
18 provided that in no event shall restitution be ordered to
19 be paid on account of pain and suffering. If a defendant
20 is placed on supervision for, or convicted of, domestic
21 battery, the defendant shall be required to pay
22 restitution to any domestic violence shelter in which the
23 victim and any other family or household members lived
24 because of the domestic battery. The amount of the
25 restitution shall equal the actual expenses of the
26 domestic violence shelter in providing housing and any
27 other services for the victim and any other family or
28 household members living at the shelter. If a defendant
29 fails to pay restitution in the manner or within the time
30 period specified by the court, the court may enter an
31 order directing the sheriff to seize any real or personal
32 property of a defendant to the extent necessary to
33 satisfy the order of restitution and dispose of the
34 property by public sale. All proceeds from such sale in
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1 excess of the amount of restitution plus court costs and
2 the costs of the sheriff in conducting the sale shall be
3 paid to the defendant.
4 (c) In cases where more than one defendant is
5 accountable for the same criminal conduct that results in
6 out-of-pocket expenses, losses, damages, or injuries,
7 each defendant shall be ordered to pay restitution in the
8 amount of the total actual out-of-pocket expenses,
9 losses, damages, or injuries to the victim proximately
10 caused by the conduct of all of the defendants who are
11 legally accountable for the offense.
12 (1) In no event shall the victim be entitled
13 to recover restitution in excess of the actual
14 out-of-pocket expenses, losses, damages, or
15 injuries, proximately caused by the conduct of all
16 of the defendants.
17 (2) As between the defendants, the court may
18 apportion the restitution that is payable in
19 proportion to each co-defendant's culpability in the
20 commission of the offense.
21 (3) In the absence of a specific order
22 apportioning the restitution, each defendant shall
23 bear his pro rata share of the restitution.
24 (4) As between the defendants, each defendant
25 shall be entitled to a pro rata reduction in the
26 total restitution required to be paid to the victim
27 for amounts of restitution actually paid by
28 co-defendants, and defendants who shall have paid
29 more than their pro rata share shall be entitled to
30 refunds to be computed by the court as additional
31 amounts are paid by co-defendants.
32 (d) In instances where a defendant has more than
33 one criminal charge pending against him in a single case,
34 or more than one case, and the defendant stands convicted
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1 of one or more charges, a plea agreement negotiated by
2 the State's Attorney and the defendants may require the
3 defendant to make restitution to victims of charges that
4 have been dismissed or which it is contemplated will be
5 dismissed under the terms of the plea agreement, and
6 under the agreement, the court may impose a sentence of
7 restitution on the charge or charges of which the
8 defendant has been convicted that would require the
9 defendant to make restitution to victims of other
10 offenses as provided in the plea agreement.
11 (e) The court may require the defendant to apply
12 the balance of the cash bond, after payment of court
13 costs, and any fine that may be imposed to the payment of
14 restitution.
15 (f) Taking into consideration the ability of the
16 defendant to pay, the court shall determine whether
17 restitution shall be paid in a single payment or in
18 installments, and shall fix a period of time not in
19 excess of 5 years, not including periods of
20 incarceration, within which payment of restitution is to
21 be paid in full. Complete restitution shall be paid in as
22 short a time period as possible. However, if the court
23 deems it necessary and in the best interest of the
24 victim, the court may extend beyond 5 years the period of
25 time within which the payment of restitution is to be
26 paid. If the defendant is ordered to pay restitution and
27 the court orders that restitution is to be paid over a
28 period greater than 6 months, the court shall order that
29 the defendant make monthly payments; the court may waive
30 this requirement of monthly payments only if there is a
31 specific finding of good cause for waiver.
32 (g) The court shall, after determining that the
33 defendant has the ability to pay, require the defendant
34 to pay for the victim's counseling services if:
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1 (1) the defendant was convicted of an offense
2 under Sections 11-19.2, 11-20.1, 12-13, 12-14,
3 12-14.1, 12-15 or 12-16 of the Criminal Code of
4 1961, or was charged with such an offense and the
5 charge was reduced to another charge as a result of
6 a plea agreement under subsection (d) of this
7 Section, and
8 (2) the victim was under 18 years of age at
9 the time the offense was committed and requires
10 counseling as a result of the offense.
11 The payments shall be made by the defendant to the
12 clerk of the circuit court and transmitted by the clerk
13 to the appropriate person or agency as directed by the
14 court. The order may require such payments to be made
15 for a period not to exceed 5 years after sentencing, not
16 including periods of incarceration.
17 (h) The judge may enter an order of withholding to
18 collect the amount of restitution owed in accordance with
19 Part 8 of Article XII of the Code of Civil Procedure.
20 (i) A sentence of restitution may be modified or
21 revoked by the court if the offender commits another
22 offense, or the offender fails to make restitution as
23 ordered by the court, but no sentence to make restitution
24 shall be revoked unless the court shall find that the
25 offender has had the financial ability to make
26 restitution, and he has wilfully refused to do so. When
27 the offender's ability to pay restitution was established
28 at the time an order of restitution was entered or
29 modified, or when the offender's ability to pay was based
30 on the offender's willingness to make restitution as part
31 of a plea agreement made at the time the order of
32 restitution was entered or modified, there is a
33 rebuttable presumption that the facts and circumstances
34 considered by the court at the hearing at which the order
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1 of restitution was entered or modified regarding the
2 offender's ability or willingness to pay restitution have
3 not materially changed. If the court shall find that the
4 defendant has failed to make restitution and that the
5 failure is not wilful, the court may impose an additional
6 period of time within which to make restitution. The
7 length of the additional period shall not be more than 2
8 years. The court shall retain all of the incidents of
9 the original sentence, including the authority to modify
10 or enlarge the conditions, and to revoke or further
11 modify the sentence if the conditions of payment are
12 violated during the additional period.
13 (j) The procedure upon the filing of a Petition to
14 Revoke a sentence to make restitution shall be the same
15 as the procedures set forth in Section 5-6-4 of this Code
16 governing violation, modification, or revocation of
17 Probation, of Conditional Discharge, or of Supervision.
18 (k) Nothing contained in this Section shall
19 preclude the right of any party to proceed in a civil
20 action to recover for any damages incurred due to the
21 criminal misconduct of the defendant.
22 (l) Restitution ordered under this Section shall
23 not be subject to disbursement by the circuit clerk under
24 Section 27.5 of the Clerks of Courts Act.
25 (m) A restitution order under this Section is a
26 judgment lien in favor of the victim that:
27 (1) Attaches to the property of the person
28 subject to the order;
29 (2) May be perfected in the same manner as
30 provided in Part 3 of Article 9 of the Uniform
31 Commercial Code;
32 (3) May be enforced to satisfy any payment
33 that is delinquent under the restitution order by
34 the person in whose favor the order is issued or the
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1 person's assignee; and
2 (4) Expires in the same manner as a judgment
3 lien created in a civil proceeding.
4 When a restitution order is issued under this
5 Section, the issuing court shall send a certified copy of
6 the order to the clerk of the circuit court in the county
7 where the charge was filed. Upon receiving the order,
8 the clerk shall enter and index the order in the circuit
9 court judgment docket.
10 (n) An order of restitution under this Section does
11 not bar a civil action for:
12 (1) Damages that the court did not require the
13 person to pay to the victim under the restitution
14 order but arise from an injury or property damages
15 that is the basis of restitution ordered by the
16 court; and
17 (2) Other damages suffered by the victim.
18 The restitution order is not discharged by the completion
19 of the sentence imposed for the offense.
20 A restitution order under this Section is not discharged
21 by the liquidation of a person's estate by a receiver. A
22 restitution order under this Section may be enforced in the
23 same manner as judgment liens are enforced under Article XII
24 of the Code of Civil Procedure.
25 The provisions of Section 2-1303 of the Code of Civil
26 Procedure, providing for interest on judgments, apply to
27 judgments for restitution entered under this Section.
28 (Source: P.A. 89-198, eff. 7-21-95; 89-203, eff. 7-21-95;
29 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-689, eff.
30 12-31-96; 90-465, eff. 1-1-98.)
31 (730 ILCS 5/5-6-2) (from Ch. 38, par. 1005-6-2)
32 Sec. 5-6-2. Incidents of Probation and of Conditional
33 Discharge.
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1 (a) When an offender is sentenced to probation or
2 conditional discharge, the court shall impose a period under
3 paragraph (b) of this Section, and shall specify the
4 conditions under Section 5-6-3.
5 (b) Unless terminated sooner as provided in paragraph
6 (c) of this Section or extended pursuant to paragraph (e) of
7 this Section, the period of probation or conditional
8 discharge shall be as follows:
9 (1) for a Class 1 or Class 2 felony, not to exceed
10 4 years;
11 (2) for a Class 3 or Class 4 felony, not to exceed
12 30 months;
13 (3) for a misdemeanor, not to exceed 2 years;
14 (4) for a petty offense, not to exceed 6 months.
15 Multiple terms of probation imposed at the same time
16 shall run concurrently.
17 (c) The court may at any time terminate probation or
18 conditional discharge if warranted by the conduct of the
19 offender and the ends of justice, as provided in Section
20 5-6-4.
21 (d) Upon the expiration or termination of the period of
22 probation or of conditional discharge, the court shall enter
23 an order discharging the offender.
24 (e) The court may extend any period of probation or
25 conditional discharge beyond the limits set forth in
26 paragraph (b) of this Section upon a violation of a condition
27 of the probation or conditional discharge, or for the payment
28 of an assessment required by Section 10.3 of the Cannabis
29 Control Act or Section 411.2 of the Illinois Controlled
30 Substances Act, or for the payment of the order to make
31 restitution as provided by Section 5-5-6 of this Code.
32 (Source: P.A. 86-929; 87-772; 87-895.)
33 Section 99. Effective date. This Act takes effect upon
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1 becoming law.".