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90_SB0780ham001
LRB9001474WHmgam02
1 AMENDMENT TO SENATE BILL 780
2 AMENDMENT NO. . Amend Senate Bill 780 follows:
3 on page 1, by replacing line 6 with the following:
4 "amended by changing Sections 5, 7, and 7.7 and adding
5 Section 7.5 as follows:
6 (20 ILCS 505/5) (from Ch. 23, par. 5005)
7 (Text of Section before amendment by P.A. 89-507)
8 Sec. 5. To provide direct child welfare services when
9 not available through other public or private child care or
10 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,
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1 service and training because of severe emotional
2 disturbances, physical disability, social adjustment
3 or any combination thereof, or because of the need
4 to complete an educational or vocational training
5 program.
6 (2) "Homeless youth" means persons found within the
7 State who are under the age of 19, are not in a safe and
8 stable living situation and cannot be reunited with their
9 families.
10 (3) "Child welfare services" means public social
11 services which are directed toward the accomplishment of
12 the following purposes:
13 (A) protecting and promoting the welfare of
14 children, including homeless, dependent or neglected
15 children;
16 (B) preventing or remedying, or assisting in
17 the solution of problems which may result in, the
18 neglect, abuse, exploitation or delinquency of
19 children;
20 (C) preventing the unnecessary separation of
21 children from their families by identifying family
22 problems, assisting families in resolving their
23 problems, and preventing the breakup of the family
24 where the prevention of child removal is desirable
25 and possible;
26 (D) restoring to their families children who
27 have been removed, by the provision of services to
28 the child and the families;
29 (E) placing children in suitable adoptive
30 homes, in cases where restoration to the biological
31 family is not possible or appropriate;
32 (F) assuring adequate care of children away
33 from their homes, in cases where the child cannot be
34 returned home or cannot be placed for adoption;
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1 (G) providing supportive services and living
2 maintenance which contribute to the physical,
3 emotional and social well-being of children who are
4 pregnant and unmarried;
5 (H) providing shelter and independent living
6 services for homeless youth; and
7 (I) placing and maintaining children in
8 facilities that provide separate living quarters for
9 children under the age of 18 and for children 18
10 years of age and older, unless a child 18 years of
11 age is in the last year of high school education or
12 vocational training, in an approved individual or
13 group treatment program, or in a licensed shelter
14 facility. The Department is not required to place
15 or maintain children:
16 (i) who are in a foster home, or
17 (ii) who are persons with a developmental
18 disability, as defined in the Mental Health and
19 Developmental Disabilities Code, or
20 (iii) who are female children who are
21 pregnant, pregnant and parenting or parenting,
22 or
23 (iv) who are siblings,
24 in facilities that provide separate living quarters
25 for children 18 years of age and older and for
26 children under 18 years of age.
27 (b) Nothing in this Section shall be construed to
28 authorize the expenditure of public funds for the purpose of
29 performing abortions.
30 (c) The Department shall establish and maintain
31 tax-supported child welfare services and extend and seek to
32 improve voluntary services throughout the State, to the end
33 that services and care shall be available on an equal basis
34 throughout the State to children requiring such services.
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1 (d) The Director may authorize advance disbursements for
2 any new program initiative to any agency contracting with the
3 Department. As a prerequisite for an advance disbursement,
4 the contractor must post a surety bond in the amount of the
5 advance disbursement and have a purchase of service contract
6 approved by the Department. The Department may pay up to 2
7 months operational expenses in advance. The amount of the
8 advance disbursement shall be prorated over the life of the
9 contract or the remaining months of the fiscal year,
10 whichever is less, and the installment amount shall then be
11 deducted from future bills. Advance disbursement
12 authorizations for new initiatives shall not be made to any
13 agency after that agency has operated during 2 consecutive
14 fiscal years. The requirements of this Section concerning
15 advance disbursements shall not apply with respect to the
16 following: payments to local public agencies for child day
17 care services as authorized by Section 5a of this Act; and
18 youth service programs receiving grant funds under Section
19 17a-4.
20 (e) For the purpose of insuring effective state-wide
21 planning, development, and utilization of resources for the
22 day care of children, operated under various auspices, the
23 Department is hereby designated to coordinate all day care
24 activities for children of the State and shall:
25 (1) Develop on or before December 1, 1977, and
26 update every year thereafter, a state comprehensive
27 day-care plan for submission to the Governor which
28 identifies high-priority areas and groups, relating them
29 to available resources, and identifying the most
30 effective approaches to the use of existing day care
31 services. The State comprehensive day-care plan shall be
32 made available to the General Assembly following the
33 Governor's approval of the plan.
34 The plan shall include methods and procedures for
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1 the development of additional day care resources for
2 children to meet the goal of reducing short-run and
3 long-run dependency and to provide necessary enrichment
4 and stimulation to the education of young children.
5 Recommendation shall be made for State policy on optimum
6 use of private and public, local, state and federal
7 resources, including an estimate of the resources needed
8 for the licensing and regulation of day care facilities.
9 A written report shall be submitted to the Governor
10 and the General Assembly, annually, on April 15, and
11 shall include an evaluation of developments over the
12 preceding fiscal year, including cost-benefit analyses of
13 various arrangements. Beginning with the report in 1990
14 and every 2 years thereafter, the report shall also
15 include the following:
16 (A) An assessment of the child care services,
17 needs and available resources throughout the State
18 and an assessment of the adequacy of existing child
19 care services, including, but not limited to,
20 services assisted under this Act and under any other
21 program administered by other State agencies.
22 (B) A survey of day care facilities to
23 determine the number of qualified caregivers, as
24 defined by rule, attracted to vacant positions and
25 any problems encountered by facilities in attracting
26 and retaining capable caregivers.
27 (C) The average wages and salaries and fringe
28 benefit packages paid to caregivers throughout the
29 State, computed on a regional basis.
30 (D) The qualifications of new caregivers hired
31 at licensed day care facilities during the previous
32 2 year period.
33 (E) Recommendations for increasing caregiver
34 wages and salaries to insure quality care for
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1 children.
2 (F) Evaluation of the fee structure and income
3 eligibility for child care subsidized by the State.
4 The requirement for reporting to the General
5 Assembly shall be satisfied by filing copies of the
6 report with the Speaker, the Minority Leader and the
7 Clerk of the House of Representatives and the President,
8 the Minority Leader and the Secretary of the Senate and
9 the Legislative Research Unit, as required by Section 3.1
10 of the General Assembly Organization Act, and filing such
11 additional copies with the State Government Report
12 Distribution Center for the General Assembly as is
13 required under paragraph (t) of Section 7 of the State
14 Library Act.
15 (2) Establish policies and procedures for
16 developing and implementing interagency agreements with
17 other agencies of the State providing child care services
18 or reimbursement for such services.
19 (3) In cooperation with other State agencies,
20 develop and implement a resource and referral system for
21 the State of Illinois either within the Department or by
22 contract with local or regional agencies. Funding for
23 implementation of this system may be provided through
24 Department appropriations or other inter-agency funding
25 arrangements. The resource and referral system shall
26 provide at least the following services:
27 (A) assembling and maintaining a data base on
28 the supply of child care services;
29 (B) providing information and referrals for
30 parents;
31 (C) coordinating the development of new child
32 care resources;
33 (D) providing technical assistance and
34 training to child care service providers; and
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1 (E) recording and analyzing the demand for
2 child care services.
3 The Department shall complete implementation of this
4 resource and referral system in all regions of the State
5 by January 1, 1992.
6 (4) Conduct day care planning activities with the
7 following priorities:
8 (A) development of voluntary day care
9 resources wherever possible, with the provision for
10 grants-in-aid only where demonstrated to be useful
11 and necessary as incentives or supports;
12 (B) emphasis on service to children of
13 recipients of public assistance where such service
14 will allow training or employment of the parent
15 toward achieving the goal of independence;
16 (C) maximum employment of recipients of public
17 assistance in day care centers and day care homes,
18 operated in conjunction with short-term work
19 training programs;
20 (D) care of children from families in stress
21 and crises whose members potentially may become, or
22 are in danger of becoming, non-productive and
23 dependent;
24 (E) expansion of family day care facilities
25 wherever possible;
26 (F) location of centers in economically
27 depressed neighborhoods, preferably in multi-service
28 centers with cooperation of other agencies;
29 (G) use of existing facilities free of charge
30 or for reasonable rental wherever possible in lieu
31 of construction;
32 (H) development of strategies for assuring a
33 more complete range of day care options, including
34 provision of day care services in homes, in schools
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1 or in centers, which will enable a parent or parents
2 to complete a course of education or obtain or
3 maintain employment.
4 Emphasis shall be given to support services which
5 will help to ensure such parents' graduation from high
6 school and to services for participants in the Project
7 Chance program of job training conducted by the Illinois
8 Department of Public Aid.
9 (5) Actively stimulate the development of public
10 and private resources at the local level. It shall also
11 seek the fullest utilization of federal funds directly or
12 indirectly available to the Department.
13 Where appropriate, existing non-governmental agencies or
14 associations shall be involved in planning by the Department.
15 (f) The Department, pursuant to a contract with the
16 Illinois Department of Public Aid, may provide child care
17 services to former recipients of assistance under The
18 Illinois Public Aid Code as authorized by Section 9-6.3 of
19 that Code.
20 (g) The Department shall establish rules and regulations
21 concerning its operation of programs designed to meet the
22 goals of child protection, family preservation, family
23 reunification, adoption and youth development, including but
24 not limited to:
25 (1) adoption;
26 (2) foster care;
27 (3) family counseling;
28 (4) protective services;
29 (5) service to unwed mothers;
30 (6) homemaker service;
31 (7) return of runaway children;
32 (8) independent living skills and shelter for
33 homeless youth;
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 financial assistance, and
6 shall establish rules and regulations concerning such
7 assistance, 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 financial
11 assistance, and shall establish rules and regulations for
12 such assistance, to persons appointed guardian of the person
13 under Section 5-7 of the Juvenile Court Act or Section 2-27,
14 3-28, 4-25 or 5-29 of the Juvenile Court Act of 1987 for
15 children who were wards of the Department for 12 months
16 immediately prior to the appointment of the successor
17 guardian and for whom the Department has set a goal of
18 permanent family placement with a foster family.
19 The amount of assistance may vary, depending upon the
20 needs of the child and the adoptive parents, but must be at
21 least $25 less than the monthly cost of care of the child in
22 a foster home, as set forth in the annual assistance
23 agreement. Special purpose grants are allowed where the
24 child requires special service but such costs may not exceed
25 the amounts which similar services would cost the Department
26 if it were to provide or secure them as guardian of the
27 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 not be in
6 imminent risk of harm, to any family whose child has been
7 placed in substitute care, any persons who have adopted a
8 child and require post-adoption services, or any persons
9 whose child or children are at risk of being placed outside
10 their home as documented by an "indicated" report of
11 suspected child abuse or neglect determined pursuant to the
12 Abused and Neglected Child Reporting Act. Nothing in this
13 paragraph shall be construed to create a private right of
14 action or claim on the part of any individual or child
15 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 (m) The Department may assume temporary custody of any
16 child if:
17 (1) it has received a written consent to such
18 temporary custody signed by the parents of the child or
19 by the parent having custody of the child if the parents
20 are not living together or by the guardian or custodian
21 of the child if the child is not in the custody of either
22 parent, or
23 (2) the child is found in the State and neither a
24 parent, guardian nor custodian of the child can be
25 located.
26 If the child is found in his or her residence without a
27 parent, guardian, custodian or responsible caretaker, the
28 Department may, instead of removing the child and assuming
29 temporary custody, place an authorized representative of the
30 Department in that residence until such time as a parent,
31 guardian or custodian enters the home and expresses a
32 willingness and apparent ability to resume permanent charge
33 of the child, or until a relative enters the home and is
34 willing and able to assume charge of the child until a
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1 parent, guardian or custodian enters the home and expresses
2 such willingness and ability to resume permanent charge.
3 After a caretaker has remained in the home for a period not
4 to exceed 12 hours, the Department must follow those
5 procedures outlined in Section 2-9, 3-11, 4-8 or 5-9 of the
6 Juvenile Court Act of 1987.
7 The Department shall have the authority, responsibilities
8 and duties that a legal custodian of the child would have
9 pursuant to subsection (9) of Section 1-3 of the Juvenile
10 Court Act of 1987. Whenever a child is taken into temporary
11 custody pursuant to an investigation under the Abused and
12 Neglected Child Reporting Act, or pursuant to a referral and
13 acceptance under the Juvenile Court Act of 1987 of a minor in
14 limited custody, the Department, during the period of
15 temporary custody and before the child is brought before a
16 judicial officer as required by Section 2-9, 3-11, 4-8 or 5-9
17 of the Juvenile Court Act of 1987, shall have the authority,
18 responsibilities and duties that a legal custodian of the
19 child would have under subsection (9) of Section 1-3 of the
20 Juvenile Court Act of 1987.
21 The Department shall ensure that any child taken into
22 custody is scheduled for an appointment for a medical
23 examination.
24 A parent, guardian or custodian of a child in the
25 temporary custody of the Department who would have custody of
26 the child if he were not in the temporary custody of the
27 Department may deliver to the Department a signed request
28 that the Department surrender the temporary custody of the
29 child. The Department may retain temporary custody of the
30 child for 10 days after the receipt of the request, during
31 which period the Department may cause to be filed a petition
32 pursuant to the Juvenile Court Act of 1987. If a petition is
33 so filed, the Department shall retain temporary custody of
34 the child until the court orders otherwise. If a petition is
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1 not filed within the 10 day period, the child shall be
2 surrendered to the custody of the requesting parent, guardian
3 or custodian not later than the expiration of the 10 day
4 period, at which time the authority and duties of the
5 Department with respect to the temporary custody of the child
6 shall terminate.
7 (n) The Department may place children under 18 years of
8 age in licensed child care facilities when in the opinion of
9 the Department, appropriate services aimed at family
10 preservation have been unsuccessful or unavailable and such
11 placement would be for their best interest. Payment for
12 board, clothing, care, training and supervision of any child
13 placed in a licensed child care facility may be made by the
14 Department, by the parents or guardians of the estates of
15 those children, or by both the Department and the parents or
16 guardians, except that no payments shall be made by the
17 Department for any child placed in a licensed child care
18 facility for board, clothing, care, training and supervision
19 of such a child that exceed the average per capita cost of
20 maintaining and of caring for a child in institutions for
21 dependent or neglected children operated by the Department.
22 However, such restriction on payments does not apply in cases
23 where children require specialized care and treatment for
24 problems of severe emotional disturbance, physical
25 disability, social adjustment, or any combination thereof and
26 suitable facilities for the placement of such children are
27 not available at payment rates within the limitations set
28 forth in this Section. All reimbursements for services
29 delivered shall be absolutely inalienable by assignment,
30 sale, attachment, garnishment or otherwise.
31 (o) The Department shall establish an administrative
32 review and appeal process for children and families who
33 request or receive child welfare services from the
34 Department. Children who are wards of the Department and are
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1 placed by private child welfare agencies, and foster families
2 with whom those children are placed, shall be afforded the
3 same procedural and appeal rights as children and families in
4 the case of placement by the Department, including the right
5 to an initial review of a private agency decision by that
6 agency. The Department shall insure that any private child
7 welfare agency, which accepts wards of the Department for
8 placement, affords those rights to children and foster
9 families. The Department shall accept for administrative
10 review and an appeal hearing a complaint made by a child or
11 foster family concerning a decision following an initial
12 review by a private child welfare agency. An appeal of a
13 decision concerning a change in the placement of a child
14 shall be conducted in an expedited manner.
15 (p) There is hereby created the Department of Children
16 and Family Services Emergency Assistance Fund from which the
17 Department may provide special financial assistance to
18 families which are in economic crisis when such assistance is
19 not available through other public or private sources and the
20 assistance is deemed necessary to prevent dissolution of the
21 family unit or to reunite families which have been separated
22 due to child abuse and neglect. The Department shall
23 establish administrative rules specifying the criteria for
24 determining eligibility for and the amount and nature of
25 assistance to be provided. The Department may also enter
26 into written agreements with private and public social
27 service agencies to provide emergency financial services to
28 families referred by the Department. Special financial
29 assistance payments shall be available to a family no more
30 than once during each fiscal year and the total payments to a
31 family may not exceed $500 during a fiscal year.
32 (q) The Department may receive and use, in their
33 entirety, for the benefit of children any gift, donation or
34 bequest of money or other property which is received on
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1 behalf of such children, or any financial benefits to which
2 such children are or may become entitled while under the
3 jurisdiction or care of the Department.
4 The Department shall set up and administer no-cost,
5 interest-bearing savings accounts in appropriate financial
6 institutions ("individual accounts") for children for whom
7 the Department is legally responsible and who have been
8 determined eligible for Veterans' Benefits, Social Security
9 benefits, assistance allotments from the armed forces, court
10 ordered payments, parental voluntary payments, Supplemental
11 Security Income, Railroad Retirement payments, Black Lung
12 benefits, or other miscellaneous payments. Interest earned
13 by each individual account shall be credited to the account,
14 unless disbursed in accordance with this subsection.
15 In disbursing funds from children's individual accounts,
16 the Department shall:
17 (1) Establish standards in accordance with State
18 and federal laws for disbursing money from children's
19 individual accounts. In all circumstances, the
20 Department's "Guardianship Administrator" or his or her
21 designee must approve disbursements from children's
22 individual accounts. The Department shall be responsible
23 for keeping complete records of all disbursements for
24 each individual account for any purpose.
25 (2) Calculate on a monthly basis the amounts paid
26 from State funds for the child's board and care, medical
27 care not covered under Medicaid, and social services; and
28 utilize funds from the child's individual account, as
29 covered by regulation, to reimburse those costs.
30 Monthly, disbursements from all children's individual
31 accounts, up to 1/12 of $13,000,000, shall be deposited
32 by the Department into the General Revenue Fund and the
33 balance over 1/12 of $13,000,000 into the DCFS Children's
34 Services Fund.
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1 (3) Maintain any balance remaining after
2 reimbursing for the child's costs of care, as specified
3 in item (2). The balance shall accumulate in accordance
4 with relevant State and federal laws and shall be
5 disbursed to the child or his or her guardian, or to the
6 issuing agency.
7 (r) The Department shall promulgate regulations
8 requiring encouraging all adoption agencies to voluntarily
9 forward to the Department or its agent names and addresses of
10 all persons who have applied for and have been approved for
11 adoption of a hard-to-place or handicapped child and the
12 names of such children who have not been placed for adoption
13 in accordance with Section 7.5. A list of such names and
14 addresses shall be maintained by the Department or its agent,
15 and coded lists which maintain the confidentiality of the
16 person seeking to adopt the child and of the child shall be
17 made available, without charge, to every adoption agency in
18 the State to assist the agencies in placing such children for
19 adoption. The Department may delegate to an agent its duty to
20 maintain and make available such lists. The Department shall
21 ensure that such agent maintains the confidentiality of the
22 person seeking to adopt the child and of the child.
23 (s) The Department of Children and Family Services may
24 establish and implement a program to reimburse Department and
25 private child welfare agency foster parents licensed by the
26 Department of Children and Family Services for damages
27 sustained by the foster parents as a result of the malicious
28 or negligent acts of foster children, as well as providing
29 third party coverage for such foster parents with regard to
30 actions of foster children to other individuals. Such
31 coverage will be secondary to the foster parent liability
32 insurance policy, if applicable. The program shall be funded
33 through appropriations from the General Revenue Fund,
34 specifically designated for such purposes.
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1 (t) The Department shall perform home studies and
2 investigations and shall exercise supervision over visitation
3 as ordered by a court pursuant to the Illinois Marriage and
4 Dissolution of Marriage Act or the Adoption Act only if:
5 (1) an order entered by an Illinois court
6 specifically directs the Department to perform such
7 services; and
8 (2) the court has ordered one or both of the
9 parties to the proceeding to reimburse the Department for
10 its reasonable costs for providing such services in
11 accordance with Department rules, or has determined that
12 neither party is financially able to pay.
13 The Department shall provide written notification to the
14 court of the specific arrangements for supervised visitation
15 and projected monthly costs within 60 days of the court
16 order. The Department shall send to the court information
17 related to the costs incurred except in cases where the court
18 has determined the parties are financially unable to pay. The
19 court may order additional periodic reports as appropriate.
20 (u) Whenever the Department places a child in a licensed
21 foster home, group home, child care institution, or in a
22 relative home, the Department shall provide to the caretaker:
23 (1) available detailed information concerning the
24 child's educational and health history, copies of
25 immunization records (including insurance and medical
26 card information), a history of the child's previous
27 placements, if any, and reasons for placement changes
28 excluding any information that identifies or reveals the
29 location of any previous caretaker;
30 (2) a copy of the child's portion of the client
31 service plan, including any visitation arrangement, and
32 all amendments or revisions to it as related to the
33 child; and
34 (3) information containing details of the child's
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1 individualized educational plan when the child is
2 receiving special education services.
3 The caretaker shall be informed of any known social or
4 behavioral information (including, but not limited to, fire
5 setting, perpetuation of sexual abuse, destructive behavior,
6 and substance abuse) necessary to care for and safeguard the
7 child.
8 (u-5) Effective July 1, 1995, only foster care
9 placements licensed as foster family homes pursuant to the
10 Child Care Act of 1969 shall be eligible to receive foster
11 care payments from the Department. Relative caregivers who,
12 as of July 1, 1995, were approved pursuant to approved
13 relative placement rules previously promulgated by the
14 Department at 89 Ill. Adm. Code 335 and had submitted an
15 application for licensure as a foster family home may
16 continue to receive foster care payments only until the
17 Department determines that they may be licensed as a foster
18 family home or that their application for licensure is denied
19 or until September 30, 1995, whichever occurs first.
20 (v) The Department shall access criminal history record
21 information as defined in the Illinois Uniform Conviction
22 Information Act and information maintained in the
23 adjudicatory and dispositional record system as defined in
24 subdivision (A)19 of Section 55a of the Civil Administrative
25 Code of Illinois if the Department determines the information
26 is necessary to perform its duties under the Abused and
27 Neglected Child Reporting Act, the Child Care Act of 1969,
28 and the Children and Family Services Act. The Department
29 shall provide for interactive computerized communication and
30 processing equipment that permits direct on-line
31 communication with the Department of State Police's central
32 criminal history data repository. The Department shall
33 comply with all certification requirements and provide
34 certified operators who have been trained by personnel from
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1 the Department of State Police. In addition, one Office of
2 the Inspector General investigator shall have training in the
3 use of the criminal history information access system and
4 have access to the terminal. The Department of Children and
5 Family Services and its employees shall abide by rules and
6 regulations established by the Department of State Police
7 relating to the access and dissemination of this information.
8 (w) Within 120 days of August 20, 1995 (the effective
9 date of Public Act 89-392), the Department shall prepare and
10 submit to the Governor and the General Assembly, a written
11 plan for the development of in-state licensed secure child
12 care facilities that care for children who are in need of
13 secure living arrangements for their health, safety, and
14 well-being. For purposes of this subsection, secure care
15 facility shall mean a facility that is designed and operated
16 to ensure that all entrances and exits from the facility, a
17 building or a distinct part of the building, are under the
18 exclusive control of the staff of the facility, whether or
19 not the child has the freedom of movement within the
20 perimeter of the facility, building, or distinct part of the
21 building. The plan shall include descriptions of the types
22 of facilities that are needed in Illinois; the cost of
23 developing these secure care facilities; the estimated number
24 of placements; the potential cost savings resulting from the
25 movement of children currently out-of-state who are projected
26 to be returned to Illinois; the necessary geographic
27 distribution of these facilities in Illinois; and a proposed
28 timetable for development of such facilities.
29 (Source: P.A. 88-380; 88-398; 88-487; 88-614, eff. 9-7-94;
30 88-670, eff. 12-2-94; 89-21, eff. 6-6-95; 89-392, eff.
31 8-20-95; 89-626, eff. 8-9-96.)
32 (Text of Section after amendment by P.A. 89-507)
33 Sec. 5. Direct child welfare services; Department of
34 Children and Family Services. To provide direct child welfare
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1 services when not available through other public or private
2 child care or program facilities.
3 (a) For purposes of this Section:
4 (1) "Children" means persons found within the State
5 who are under the age of 18 years. The term also
6 includes persons under age 19 who:
7 (A) were committed to the Department pursuant
8 to the Juvenile Court Act or the Juvenile Court Act
9 of 1987, as amended, prior to the age of 18 and who
10 continue under the jurisdiction of the court; or
11 (B) were accepted for care, service and
12 training by the Department prior to the age of 18
13 and whose best interest in the discretion of the
14 Department would be served by continuing that care,
15 service and training because of severe emotional
16 disturbances, physical disability, social adjustment
17 or any combination thereof, or because of the need
18 to complete an educational or vocational training
19 program.
20 (2) "Homeless youth" means persons found within the
21 State who are under the age of 19, are not in a safe and
22 stable living situation and cannot be reunited with their
23 families.
24 (3) "Child welfare services" means public social
25 services which are directed toward the accomplishment of
26 the following purposes:
27 (A) protecting and promoting the welfare of
28 children, including homeless, dependent or neglected
29 children;
30 (B) remedying, or assisting in the solution of
31 problems which may result in, the neglect, abuse,
32 exploitation or delinquency of children;
33 (C) preventing the unnecessary separation of
34 children from their families by identifying family
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1 problems, assisting families in resolving their
2 problems, and preventing the breakup of the family
3 where the prevention of child removal is desirable
4 and possible;
5 (D) restoring to their families children who
6 have been removed, by the provision of services to
7 the child and the families;
8 (E) placing children in suitable adoptive
9 homes, in cases where restoration to the biological
10 family is not possible or appropriate;
11 (F) assuring adequate care of children away
12 from their homes, in cases where the child cannot be
13 returned home or cannot be placed for adoption;
14 (G) (blank);
15 (H) (blank); and
16 (I) placing and maintaining children in
17 facilities that provide separate living quarters for
18 children under the age of 18 and for children 18
19 years of age and older, unless a child 18 years of
20 age is in the last year of high school education or
21 vocational training, in an approved individual or
22 group treatment program, or in a licensed shelter
23 facility. The Department is not required to place
24 or maintain children:
25 (i) who are in a foster home, or
26 (ii) who are persons with a developmental
27 disability, as defined in the Mental Health and
28 Developmental Disabilities Code, or
29 (iii) who are female children who are
30 pregnant, pregnant and parenting or parenting,
31 or
32 (iv) who are siblings,
33 in facilities that provide separate living quarters
34 for children 18 years of age and older and for
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1 children under 18 years of age.
2 (b) Nothing in this Section shall be construed to
3 authorize the expenditure of public funds for the purpose of
4 performing abortions.
5 (c) The Department shall establish and maintain
6 tax-supported child welfare services and extend and seek to
7 improve voluntary services throughout the State, to the end
8 that services and care shall be available on an equal basis
9 throughout the State to children requiring such services.
10 (d) The Director may authorize advance disbursements for
11 any new program initiative to any agency contracting with the
12 Department. As a prerequisite for an advance disbursement,
13 the contractor must post a surety bond in the amount of the
14 advance disbursement and have a purchase of service contract
15 approved by the Department. The Department may pay up to 2
16 months operational expenses in advance. The amount of the
17 advance disbursement shall be prorated over the life of the
18 contract or the remaining months of the fiscal year,
19 whichever is less, and the installment amount shall then be
20 deducted from future bills. Advance disbursement
21 authorizations for new initiatives shall not be made to any
22 agency after that agency has operated during 2 consecutive
23 fiscal years. The requirements of this Section concerning
24 advance disbursements shall not apply with respect to the
25 following: payments to local public agencies for child day
26 care services as authorized by Section 5a of this Act; and
27 youth service programs receiving grant funds under Section
28 17a-4.
29 (e) (Blank).
30 (f) (Blank).
31 (g) The Department shall establish rules and regulations
32 concerning its operation of programs designed to meet the
33 goals of child protection, family preservation, family
34 reunification, and adoption, including but not limited to:
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1 (1) adoption;
2 (2) foster care;
3 (3) family counseling;
4 (4) protective services;
5 (5) (blank);
6 (6) homemaker service;
7 (7) return of runaway children;
8 (8) (blank);
9 (9) placement under Section 5-7 of the Juvenile
10 Court Act or Section 2-27, 3-28, 4-25 or 5-29 of the
11 Juvenile Court Act of 1987 in accordance with the federal
12 Adoption Assistance and Child Welfare Act of 1980; and
13 (10) interstate services.
14 Rules and regulations established by the Department shall
15 include provisions for training Department staff and the
16 staff of Department grantees, through contracts with other
17 agencies or resources, in alcohol and drug abuse screening
18 techniques to identify children and adults who should be
19 referred to an alcohol and drug abuse treatment program for
20 professional evaluation.
21 (h) If the Department finds that there is no appropriate
22 program or facility within or available to the Department for
23 a ward and that no licensed private facility has an adequate
24 and appropriate program or none agrees to accept the ward,
25 the Department shall create an appropriate individualized,
26 program-oriented plan for such ward. The plan may be
27 developed within the Department or through purchase of
28 services by the Department to the extent that it is within
29 its statutory authority to do.
30 (i) Service programs shall be available throughout the
31 State and shall include but not be limited to the following
32 services:
33 (1) case management;
34 (2) homemakers;
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1 (3) counseling;
2 (4) parent education;
3 (5) day care; and
4 (6) emergency assistance and advocacy.
5 In addition, the following services may be made available
6 to assess and meet the needs of children and families:
7 (1) comprehensive family-based services;
8 (2) assessments;
9 (3) respite care; and
10 (4) in-home health services.
11 The Department shall provide transportation for any of
12 the services it makes available to children or families or
13 for which it refers children or families.
14 (j) The Department may provide financial assistance, and
15 shall establish rules and regulations concerning such
16 assistance, to persons who adopt physically or mentally
17 handicapped, older and other hard-to-place children who
18 immediately prior to their adoption were legal wards of the
19 Department. The Department may also provide financial
20 assistance, and shall establish rules and regulations for
21 such assistance, to persons appointed guardian of the person
22 under Section 5-7 of the Juvenile Court Act or Section 2-27,
23 3-28, 4-25 or 5-29 of the Juvenile Court Act of 1987 for
24 children who were wards of the Department for 12 months
25 immediately prior to the appointment of the successor
26 guardian and for whom the Department has set a goal of
27 permanent family placement with a foster family.
28 The amount of assistance may vary, depending upon the
29 needs of the child and the adoptive parents, but must be at
30 least $25 less than the monthly cost of care of the child in
31 a foster home, as set forth in the annual assistance
32 agreement. Special purpose grants are allowed where the
33 child requires special service but such costs may not exceed
34 the amounts which similar services would cost the Department
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1 if it were to provide or secure them as guardian of the
2 child.
3 Any financial assistance provided under this subsection
4 is inalienable by assignment, sale, execution, attachment,
5 garnishment, or any other remedy for recovery or collection
6 of a judgment or debt.
7 (k) The Department shall accept for care and training
8 any child who has been adjudicated neglected or abused, or
9 dependent committed to it pursuant to the Juvenile Court Act
10 or the Juvenile Court Act of 1987.
11 (l) Before July 1, 2000, the Department may provide, and
12 beginning July 1, 2000, the Department shall provide, family
13 preservation services, as determined to be appropriate and in
14 the child's best interests and when the child will not be in
15 imminent risk of harm, to any family whose child has been
16 placed in substitute care, any persons who have adopted a
17 child and require post-adoption services, or any persons
18 whose child or children are at risk of being placed outside
19 their home as documented by an "indicated" report of
20 suspected child abuse or neglect determined pursuant to the
21 Abused and Neglected Child Reporting Act. Nothing in this
22 paragraph shall be construed to create a private right of
23 action or claim on the part of any individual or child
24 welfare agency.
25 The Department shall notify the child and his family of
26 the Department's responsibility to offer and provide family
27 preservation services as identified in the service plan. The
28 child and his family shall be eligible for services as soon
29 as the report is determined to be "indicated". The
30 Department may offer services to any child or family with
31 respect to whom a report of suspected child abuse or neglect
32 has been filed, prior to concluding its investigation under
33 Section 7.12 of the Abused and Neglected Child Reporting Act.
34 However, the child's or family's willingness to accept
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1 services shall not be considered in the investigation. The
2 Department may also provide services to any child or family
3 who is the subject of any report of suspected child abuse or
4 neglect or may refer such child or family to services
5 available from other agencies in the community, even if the
6 report is determined to be unfounded, if the conditions in
7 the child's or family's home are reasonably likely to subject
8 the child or family to future reports of suspected child
9 abuse or neglect. Acceptance of such services shall be
10 voluntary.
11 The Department may, at its discretion except for those
12 children also adjudicated neglected or dependent, accept for
13 care and training any child who has been adjudicated
14 addicted, as a truant minor in need of supervision or as a
15 minor requiring authoritative intervention, under the
16 Juvenile Court Act or the Juvenile Court Act of 1987, but no
17 such child shall be committed to the Department by any court
18 without the approval of the Department. A minor charged with
19 a criminal offense under the Criminal Code of 1961 or
20 adjudicated delinquent shall not be placed in the custody of
21 or committed to the Department by any court, except a minor
22 less than 13 years of age committed to the Department under
23 Section 5-23 of the Juvenile Court Act of 1987.
24 (m) The Department may assume temporary custody of any
25 child if:
26 (1) it has received a written consent to such
27 temporary custody signed by the parents of the child or
28 by the parent having custody of the child if the parents
29 are not living together or by the guardian or custodian
30 of the child if the child is not in the custody of either
31 parent, or
32 (2) the child is found in the State and neither a
33 parent, guardian nor custodian of the child can be
34 located.
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1 If the child is found in his or her residence without a
2 parent, guardian, custodian or responsible caretaker, the
3 Department may, instead of removing the child and assuming
4 temporary custody, place an authorized representative of the
5 Department in that residence until such time as a parent,
6 guardian or custodian enters the home and expresses a
7 willingness and apparent ability to resume permanent charge
8 of the child, or until a relative enters the home and is
9 willing and able to assume charge of the child until a
10 parent, guardian or custodian enters the home and expresses
11 such willingness and ability to resume permanent charge.
12 After a caretaker has remained in the home for a period not
13 to exceed 12 hours, the Department must follow those
14 procedures outlined in Section 2-9, 3-11, 4-8 or 5-9 of the
15 Juvenile Court Act of 1987.
16 The Department shall have the authority, responsibilities
17 and duties that a legal custodian of the child would have
18 pursuant to subsection (9) of Section 1-3 of the Juvenile
19 Court Act of 1987. Whenever a child is taken into temporary
20 custody pursuant to an investigation under the Abused and
21 Neglected Child Reporting Act, or pursuant to a referral and
22 acceptance under the Juvenile Court Act of 1987 of a minor in
23 limited custody, the Department, during the period of
24 temporary custody and before the child is brought before a
25 judicial officer as required by Section 2-9, 3-11, 4-8 or 5-9
26 of the Juvenile Court Act of 1987, shall have the authority,
27 responsibilities and duties that a legal custodian of the
28 child would have under subsection (9) of Section 1-3 of the
29 Juvenile Court Act of 1987.
30 The Department shall ensure that any child taken into
31 custody is scheduled for an appointment for a medical
32 examination.
33 A parent, guardian or custodian of a child in the
34 temporary custody of the Department who would have custody of
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1 the child if he were not in the temporary custody of the
2 Department may deliver to the Department a signed request
3 that the Department surrender the temporary custody of the
4 child. The Department may retain temporary custody of the
5 child for 10 days after the receipt of the request, during
6 which period the Department may cause to be filed a petition
7 pursuant to the Juvenile Court Act of 1987. If a petition is
8 so filed, the Department shall retain temporary custody of
9 the child until the court orders otherwise. If a petition is
10 not filed within the 10 day period, the child shall be
11 surrendered to the custody of the requesting parent, guardian
12 or custodian not later than the expiration of the 10 day
13 period, at which time the authority and duties of the
14 Department with respect to the temporary custody of the child
15 shall terminate.
16 (n) The Department may place children under 18 years of
17 age in licensed child care facilities when in the opinion of
18 the Department, appropriate services aimed at family
19 preservation have been unsuccessful or unavailable and such
20 placement would be for their best interest. Payment for
21 board, clothing, care, training and supervision of any child
22 placed in a licensed child care facility may be made by the
23 Department, by the parents or guardians of the estates of
24 those children, or by both the Department and the parents or
25 guardians, except that no payments shall be made by the
26 Department for any child placed in a licensed child care
27 facility for board, clothing, care, training and supervision
28 of such a child that exceed the average per capita cost of
29 maintaining and of caring for a child in institutions for
30 dependent or neglected children operated by the Department.
31 However, such restriction on payments does not apply in cases
32 where children require specialized care and treatment for
33 problems of severe emotional disturbance, physical
34 disability, social adjustment, or any combination thereof and
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1 suitable facilities for the placement of such children are
2 not available at payment rates within the limitations set
3 forth in this Section. All reimbursements for services
4 delivered shall be absolutely inalienable by assignment,
5 sale, attachment, garnishment or otherwise.
6 (o) The Department shall establish an administrative
7 review and appeal process for children and families who
8 request or receive child welfare services from the
9 Department. Children who are wards of the Department and are
10 placed by private child welfare agencies, and foster families
11 with whom those children are placed, shall be afforded the
12 same procedural and appeal rights as children and families in
13 the case of placement by the Department, including the right
14 to an initial review of a private agency decision by that
15 agency. The Department shall insure that any private child
16 welfare agency, which accepts wards of the Department for
17 placement, affords those rights to children and foster
18 families. The Department shall accept for administrative
19 review and an appeal hearing a complaint made by a child or
20 foster family concerning a decision following an initial
21 review by a private child welfare agency. An appeal of a
22 decision concerning a change in the placement of a child
23 shall be conducted in an expedited manner.
24 (p) There is hereby created the Department of Children
25 and Family Services Emergency Assistance Fund from which the
26 Department may provide special financial assistance to
27 families which are in economic crisis when such assistance is
28 not available through other public or private sources and the
29 assistance is deemed necessary to prevent dissolution of the
30 family unit or to reunite families which have been separated
31 due to child abuse and neglect. The Department shall
32 establish administrative rules specifying the criteria for
33 determining eligibility for and the amount and nature of
34 assistance to be provided. The Department may also enter
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1 into written agreements with private and public social
2 service agencies to provide emergency financial services to
3 families referred by the Department. Special financial
4 assistance payments shall be available to a family no more
5 than once during each fiscal year and the total payments to a
6 family may not exceed $500 during a fiscal year.
7 (q) The Department may receive and use, in their
8 entirety, for the benefit of children any gift, donation or
9 bequest of money or other property which is received on
10 behalf of such children, or any financial benefits to which
11 such children are or may become entitled while under the
12 jurisdiction or care of the Department.
13 The Department shall set up and administer no-cost,
14 interest-bearing savings accounts in appropriate financial
15 institutions ("individual accounts") for children for whom
16 the Department is legally responsible and who have been
17 determined eligible for Veterans' Benefits, Social Security
18 benefits, assistance allotments from the armed forces, court
19 ordered payments, parental voluntary payments, Supplemental
20 Security Income, Railroad Retirement payments, Black Lung
21 benefits, or other miscellaneous payments. Interest earned
22 by each individual account shall be credited to the account,
23 unless disbursed in accordance with this subsection.
24 In disbursing funds from children's individual accounts,
25 the Department shall:
26 (1) Establish standards in accordance with State
27 and federal laws for disbursing money from children's
28 individual accounts. In all circumstances, the
29 Department's "Guardianship Administrator" or his or her
30 designee must approve disbursements from children's
31 individual accounts. The Department shall be responsible
32 for keeping complete records of all disbursements for
33 each individual account for any purpose.
34 (2) Calculate on a monthly basis the amounts paid
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1 from State funds for the child's board and care, medical
2 care not covered under Medicaid, and social services; and
3 utilize funds from the child's individual account, as
4 covered by regulation, to reimburse those costs.
5 Monthly, disbursements from all children's individual
6 accounts, up to 1/12 of $13,000,000, shall be deposited
7 by the Department into the General Revenue Fund and the
8 balance over 1/12 of $13,000,000 into the DCFS Children's
9 Services Fund.
10 (3) Maintain any balance remaining after
11 reimbursing for the child's costs of care, as specified
12 in item (2). The balance shall accumulate in accordance
13 with relevant State and federal laws and shall be
14 disbursed to the child or his or her guardian, or to the
15 issuing agency.
16 (r) The Department shall promulgate regulations
17 requiring encouraging all adoption agencies to voluntarily
18 forward to the Department or its agent names and addresses of
19 all persons who have applied for and have been approved for
20 adoption of a hard-to-place or handicapped child and the
21 names of such children who have not been placed for adoption
22 in accordance with Section 7.5. A list of such names and
23 addresses shall be maintained by the Department or its agent,
24 and coded lists which maintain the confidentiality of the
25 person seeking to adopt the child and of the child shall be
26 made available, without charge, to every adoption agency in
27 the State to assist the agencies in placing such children for
28 adoption. The Department may delegate to an agent its duty to
29 maintain and make available such lists. The Department shall
30 ensure that such agent maintains the confidentiality of the
31 person seeking to adopt the child and of the child.
32 (s) The Department of Children and Family Services may
33 establish and implement a program to reimburse Department and
34 private child welfare agency foster parents licensed by the
-33- LRB9001474WHmgam02
1 Department of Children and Family Services for damages
2 sustained by the foster parents as a result of the malicious
3 or negligent acts of foster children, as well as providing
4 third party coverage for such foster parents with regard to
5 actions of foster children to other individuals. Such
6 coverage will be secondary to the foster parent liability
7 insurance policy, if applicable. The program shall be funded
8 through appropriations from the General Revenue Fund,
9 specifically designated for such purposes.
10 (t) The Department shall perform home studies and
11 investigations and shall exercise supervision over visitation
12 as ordered by a court pursuant to the Illinois Marriage and
13 Dissolution of Marriage Act or the Adoption Act only if:
14 (1) an order entered by an Illinois court
15 specifically directs the Department to perform such
16 services; and
17 (2) the court has ordered one or both of the
18 parties to the proceeding to reimburse the Department for
19 its reasonable costs for providing such services in
20 accordance with Department rules, or has determined that
21 neither party is financially able to pay.
22 The Department shall provide written notification to the
23 court of the specific arrangements for supervised visitation
24 and projected monthly costs within 60 days of the court
25 order. The Department shall send to the court information
26 related to the costs incurred except in cases where the court
27 has determined the parties are financially unable to pay. The
28 court may order additional periodic reports as appropriate.
29 (u) Whenever the Department places a child in a licensed
30 foster home, group home, child care institution, or in a
31 relative home, the Department shall provide to the caretaker:
32 (1) available detailed information concerning the
33 child's educational and health history, copies of
34 immunization records (including insurance and medical
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1 card information), a history of the child's previous
2 placements, if any, and reasons for placement changes
3 excluding any information that identifies or reveals the
4 location of any previous caretaker;
5 (2) a copy of the child's portion of the client
6 service plan, including any visitation arrangement, and
7 all amendments or revisions to it as related to the
8 child; and
9 (3) information containing details of the child's
10 individualized educational plan when the child is
11 receiving special education services.
12 The caretaker shall be informed of any known social or
13 behavioral information (including, but not limited to, fire
14 setting, perpetuation of sexual abuse, destructive behavior,
15 and substance abuse) necessary to care for and safeguard the
16 child.
17 (u-5) Effective July 1, 1995, only foster care
18 placements licensed as foster family homes pursuant to the
19 Child Care Act of 1969 shall be eligible to receive foster
20 care payments from the Department. Relative caregivers who,
21 as of July 1, 1995, were approved pursuant to approved
22 relative placement rules previously promulgated by the
23 Department at 89 Ill. Adm. Code 335 and had submitted an
24 application for licensure as a foster family home may
25 continue to receive foster care payments only until the
26 Department determines that they may be licensed as a foster
27 family home or that their application for licensure is denied
28 or until September 30, 1995, whichever occurs first.
29 (v) The Department shall access criminal history record
30 information as defined in the Illinois Uniform Conviction
31 Information Act and information maintained in the
32 adjudicatory and dispositional record system as defined in
33 subdivision (A)19 of Section 55a of the Civil Administrative
34 Code of Illinois if the Department determines the information
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1 is necessary to perform its duties under the Abused and
2 Neglected Child Reporting Act, the Child Care Act of 1969,
3 and the Children and Family Services Act. The Department
4 shall provide for interactive computerized communication and
5 processing equipment that permits direct on-line
6 communication with the Department of State Police's central
7 criminal history data repository. The Department shall
8 comply with all certification requirements and provide
9 certified operators who have been trained by personnel from
10 the Department of State Police. In addition, one Office of
11 the Inspector General investigator shall have training in the
12 use of the criminal history information access system and
13 have access to the terminal. The Department of Children and
14 Family Services and its employees shall abide by rules and
15 regulations established by the Department of State Police
16 relating to the access and dissemination of this information.
17 (w) Within 120 days of August 20, 1995 (the effective
18 date of Public Act 89-392), the Department shall prepare and
19 submit to the Governor and the General Assembly, a written
20 plan for the development of in-state licensed secure child
21 care facilities that care for children who are in need of
22 secure living arrangements for their health, safety, and
23 well-being. For purposes of this subsection, secure care
24 facility shall mean a facility that is designed and operated
25 to ensure that all entrances and exits from the facility, a
26 building or a distinct part of the building, are under the
27 exclusive control of the staff of the facility, whether or
28 not the child has the freedom of movement within the
29 perimeter of the facility, building, or distinct part of the
30 building. The plan shall include descriptions of the types
31 of facilities that are needed in Illinois; the cost of
32 developing these secure care facilities; the estimated number
33 of placements; the potential cost savings resulting from the
34 movement of children currently out-of-state who are projected
-36- LRB9001474WHmgam02
1 to be returned to Illinois; the necessary geographic
2 distribution of these facilities in Illinois; and a proposed
3 timetable for development of such facilities.
4 (Source: P.A. 88-380; 88-398; 88-487; 88-614, eff. 9-7-94;
5 88-670, eff. 12-2-94; 89-21, eff. 6-6-95; 89-392, eff.
6 8-20-95; 89-507, eff. 7-1-97; 89-626, eff. 8-9-96.)"; and
7 on page 1, by replacing lines 15 through 25 with the
8 following:
9 "(b) In placing a child under this Act, the Department
10 shall make every effort to may place a child with a relative
11 who if the Department has reason to believe that the relative
12 will be able to adequately provide for the child's safety and
13 welfare consistent with the Department's rules. The
14 Department may not place a child with a relative, with the
15 exception of certain circumstances which may be waived as
16 defined by the Department in rules, if the results of a check
17 of the Law Enforcement Agency Data System (LEADS) identifies
18 a prior criminal conviction of the relative or any adult
19 member of the relative's household for any of the following
20 offenses under the Criminal Code of 1961:"; and
21 on page 4, below line 18, by inserting the following:
22 "(20 ILCS 505/7.5 new)
23 Sec. 7.5. Recruitment and retention of foster placements
24 and adoptive placements.
25 (a) Recruitment. All licensed child welfare agencies
26 that receive State funding for their services shall work with
27 their respective regional office of the Department of
28 Children and Family Services to create an adequate and
29 appropriate pool of foster and adoptive family placements for
30 children in need of substitute care. The goal shall be to
31 achieve timely permanent placement for each minor as soon as
32 possible from the date of adjudication of wardship of the
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1 minor. For purposes of this Section, the terms foster
2 placement or adoptive placement shall refer to foster family
3 or adoptive family.
4 In its contracts with each licensed child welfare agency
5 receiving State funding the Department shall make special
6 efforts to recruit and retain a sufficient current pool of
7 appropriate licensed foster placements to meet the cultural
8 and special needs of children served by that agency. For
9 purposes of this Section, appropriate shall mean willing and
10 able to care for a child in need of placement under federal
11 and State laws governing foster care licensing or approval.
12 Each licensed child welfare agency shall make reasonable
13 efforts to include recruits from among appropriate relatives
14 of children in the custody of the Department who need foster
15 care, families of the same racial or ethnic origin, families
16 residing in the Department's service region proximate to the
17 child's natural family, and families residing within the
18 geographical area served by the licensed child welfare
19 agency.
20 In its contracts with each licensed child welfare agency
21 receiving State funding the Department shall make special
22 efforts to recruit and retain a sufficient current pool of
23 appropriate adoptive placements to meet the cultural and
24 special needs of children served by that agency. For
25 purposes of this Section, appropriate shall mean willing and
26 able to care for a child in need of placement pursuant to
27 federal and State laws governing adoptive placement. Each
28 licensed child welfare agency shall make reasonable efforts
29 to include recruits from among appropriate relatives of
30 children in the custody of the Department who need adoption,
31 families of the same racial or ethnic origin, and families
32 residing in the Department's service region served by the
33 licensed child welfare agency.
34 Recruitment efforts for foster placements and adoptive
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1 placements may include contacting and working with foster
2 parent organizations, adoptive parent organizations,
3 community organizations, and religious organizations, and may
4 include contracting with these organizations, utilizing local
5 media and other local information resources, and conducting
6 outreach activities. Each licensed child welfare agency
7 shall have a written recruitment plan.
8 The Department shall work with each licensed child
9 welfare agency to ensure that adoption and foster care
10 workers receive training regarding cultural diversity and the
11 needs of special needs children.
12 (b) It is the intention of the General Assembly to
13 provide new incentives for timely permanent placement of
14 children in need of adoption. The Department may enter into
15 incentive contracts with licensed child welfare agencies to
16 provide foster care and adoption services to effect
17 permanency outcomes for children.
18 Once a child is listed for adoption with the Department
19 under subsection (r) of Section 5, the child is available on
20 a statewide basis for placement by any private adoption
21 agency under contract with the Department or any departmental
22 office.
23 (c) Annual reports. The Department shall compile an
24 annual report of all foster placements and adoptive
25 placements taking place in Illinois. By January 31 of each
26 year, each licensed child welfare agency which places
27 children for foster care or adoption shall cooperate with the
28 Department in providing information necessary for compiling
29 and preparing this annual report.
30 By March 31 of each year, the Department shall provide
31 the General Assembly with a report on the type and number of
32 adoptions completed in Illinois during the previous year.
33 The report shall include a summary of data provided by
34 licensed child welfare agencies pursuant to this Section,
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1 data obtained pursuant to the Department's administration of
2 the Interstate Compact on Adoptions and pursuant to the
3 Department's processing of intercounty adoptions, and data
4 obtained from the Illinois Department of Public Health
5 relating to private adoptions."; and
6 on page 6, below line 28, by inserting the following:
7 "Section 95. No acceleration or delay. Where this Act
8 makes changes in a statute that is represented in this Act by
9 text that is not yet or no longer in effect (for example, a
10 Section represented by multiple versions), the use of that
11 text does not accelerate or delay the taking effect of (i)
12 the changes made by this Act or (ii) provisions derived from
13 any other Public Act.".