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91_HB2237
LRB9102783SMdv
1 AN ACT to amend the Abused and Neglected Child Reporting
2 Act by changing Section 8.2 and adding Sections 8.2a and
3 8.2b.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Abused and Neglected Child Reporting Act
7 is amended by changing Section 8.2 and adding Sections 8.2a
8 and 8.2b as follows:
9 (325 ILCS 5/8.2) (from Ch. 23, par. 2058.2)
10 Sec. 8.2. If the Child Protective Service Unit
11 determines, following an investigation made pursuant to
12 Section 7.4 of this Act, that there is credible evidence that
13 the child is abused or neglected, the Department shall assess
14 the family's need for services, and, as necessary, develop,
15 with the family, an appropriate service plan for the family's
16 voluntary acceptance or refusal. In any case where there is
17 evidence that the perpetrator of the abuse or neglect is an
18 addict or alcoholic as defined in the Alcoholism and Other
19 Drug Abuse and Dependency Act, the Department, when making
20 referrals for drug or alcohol abuse services, shall make such
21 referrals to facilities licensed by the Department of Human
22 Services or the Department of Public Health. The Department
23 shall comply with Section 8.1 by explaining its lack of legal
24 authority to compel the acceptance of services and may
25 explain its concomitant authority to petition the Circuit
26 court under the Juvenile Court Act of 1987 or refer the case
27 to the local law enforcement authority or State's attorney
28 for criminal prosecution.
29 For purposes of this Act, the term "family preservation
30 services" refers to all services to help families, including
31 adoptive and extended families. Family preservation services
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1 shall be offered, where safe and appropriate, to prevent the
2 placement of children in substitute care when the children
3 can be cared for at home or in the custody of the person
4 responsible for the children's welfare without endangering
5 the children's health or safety, to reunite them with their
6 families if so placed when reunification is an appropriate
7 goal, or to maintain an adoptive placement. The term
8 "homemaker" includes emergency caretakers, homemakers,
9 caretakers, housekeepers and chore services. The term
10 "counseling" includes individual therapy, infant stimulation
11 therapy, family therapy, group therapy, self-help groups,
12 drug and alcohol abuse counseling, vocational counseling and
13 post-adoptive services. The term "day care" includes
14 protective day care and day care to meet educational,
15 prevocational or vocational needs. The term "emergency
16 assistance and advocacy" includes coordinated services to
17 secure emergency cash, food, housing and medical assistance
18 or advocacy for other subsistence and family protective
19 needs.
20 Before July 1, 2000, appropriate family preservation
21 services shall, subject to appropriation, be included in the
22 service plan if the Department has determined that those
23 services will ensure the child's health and safety, are in
24 the child's best interests, and will not place the child in
25 imminent risk of harm. Beginning July 1, 2000, appropriate
26 family preservation services shall be uniformly available
27 throughout the State. The Department shall promptly notify
28 children and families of the Department's responsibility to
29 offer and provide family preservation services as identified
30 in the service plan. Such plans may include but are not
31 limited to: case management services; homemakers; counseling;
32 parent education; day care; emergency assistance and advocacy
33 assessments; respite care; in-home health care;
34 transportation to obtain any of the above services; and
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1 medical assistance. Nothing in this paragraph shall be
2 construed to create a private right of action or claim on the
3 part of any individual or child welfare agency.
4 The Department shall provide a preliminary report to the
5 General Assembly no later than January 1, 1991, in regard to
6 the provision of services authorized pursuant to this
7 Section. The report shall include:
8 (a) the number of families and children served, by
9 type of services;
10 (b) the outcome from the provision of such
11 services, including the number of families which remained
12 intact at least 6 months following the termination of
13 services;
14 (c) the number of families which have been subjects
15 of founded reports of abuse following the termination of
16 services;
17 (d) an analysis of general family circumstances in
18 which family preservation services have been determined
19 to be an effective intervention;
20 (e) information regarding the number of families in
21 need of services but unserved due to budget or program
22 criteria guidelines;
23 (f) an estimate of the time necessary for and the
24 annual cost of statewide implementation of such services;
25 (g) an estimate of the length of time before
26 expansion of these services will be made to include
27 families with children over the age of 6; and
28 (h) recommendations regarding any proposed
29 legislative changes to this program.
30 Each Department field office shall maintain on a local
31 basis directories of services available to children and
32 families in the local area where the Department office is
33 located.
34 The Department shall refer children and families served
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1 pursuant to this Section to private agencies and governmental
2 agencies, where available.
3 Where there are 2 equal proposals from both a
4 not-for-profit and a for-profit agency to provide services,
5 the Department shall give preference to the proposal from the
6 not-for-profit agency.
7 No service plan shall compel any child or parent to
8 engage in any activity or refrain from any activity which is
9 not reasonably related to remedying a condition or conditions
10 that gave rise or which could give rise to any finding of
11 child abuse or neglect.
12 Family preservation programs provided by the Department
13 or through a private agency under contract to the Department
14 shall be evaluated annually and shall be deemed successful if
15 each program meets the following standards:
16 (a) Enables families to resolve their own problems,
17 effectively utilize service systems, and advocate for
18 their children in educational and social agencies.
19 (b) Enhances family functioning by building on
20 family strengths.
21 (c) At least 75% of the children receiving services
22 remain in their own home for 6 months after termination
23 of services.
24 (d) At least 95% of the children receiving services
25 are not the subject of reports of severe physical or
26 sexual abuse by those receiving services.
27 (e) During the first year after services are
28 terminated:
29 (i) At least 60% of the children receiving
30 services remain at home one year after services are
31 terminated.
32 (ii) The average length of stay in out-of-home
33 care of children selected to receive services who
34 have already been removed from their home and placed
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1 in out-of-home care is 50% less than the average
2 length of stay in out-of-home care of children who
3 do not receive program services.
4 (f) Two years after the termination of family
5 preservation services:
6 (i) The average length of out-of-home stay of
7 children under this Section who, at any time of
8 selection, are in out-of-home care, is 50% less than
9 the average length of stay in out-of-home care for
10 children in out-of-home care for children who do not
11 receive services under this Section.
12 (ii) At least 60% of the children who were
13 returned home under this Section remain at home.
14 The complete results of these evaluations shall be
15 provided in an annual report to the General Assembly by
16 February 1 of each year. In the event that any family
17 preservation program established under this Section is deemed
18 unsuccessful by the Department, the program shall not receive
19 further State funding.
20 (Source: P.A. 89-21, eff. 6-6-95; 89-507, eff. 7-1-97; 90-14,
21 eff. 7-1-97; 90-28, eff. 1-1-98; 90-608, eff. 6-30-98.)
22 (325 ILCS 5/8.2a new)
23 Sec. 8.2a. Family preservation or family reunification
24 parent education. Each agency or entity that offers a parent
25 education course as a part of a family preservation or family
26 reunification effort for a parent or parents of a child who
27 has been the subject of a child abuse or neglect report under
28 this Act, is subject to an adjudication or is in the process
29 of being adjudicated a dependent child of the court, or whose
30 family is participating in a voluntary maintenance program
31 shall meet all of the requirements specified in this Section.
32 Organizations that receive State funding for the purpose of
33 providing parenting courses shall meet those requirements as
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1 a condition of receiving State funding. The requirements are
2 as follows:
3 (a) Each parenting course shall be no more than 6 months
4 in duration and shall meet for a specified number of hours
5 determined by each program as sufficient to meet all of the
6 requirements listed in subdivision (b).
7 (b) The curriculum shall include the following
8 components:
9 (1) Building self-esteem, including, but not
10 limited to, parents building a positive parental identity
11 and building the self-esteem of their children.
12 (2) Handling stress and anger.
13 (3) Fostering the growth and development of
14 children, including, but not limited to, safety,
15 nutrition, and health.
16 (4) Developing and increasing communication skills
17 in order that a parent may learn to listen and speak with
18 his or her child or children.
19 (5) Learning to use positive disciplinary
20 mechanisms as alternatives to the physical punishment of
21 a child, including, but not limited to, learning what
22 constitutes abuse and neglect.
23 (6) Learning the boundaries of permissive sexual
24 conduct by adults with regard to children.
25 (7) Referral to a substance or alcohol abuse
26 diagnostic program if there is a history of substance or
27 alcohol abuse in the child's family.
28 (8) Respect for, and sensitivity to, cultural
29 differences in child rearing practices in addressing all
30 of the topics listed in paragraphs (1) to (7), inclusive.
31 (c) Each parenting course is encouraged to have a
32 maximum parent teacher ratio of 15 parents for each teacher.
33 (d) Each parenting course is encouraged to conduct an
34 initial assessment and interview of each parent enrolled in
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1 the course.
2 (e) Each parenting course shall give a preliminary
3 examination prior to the start of the course and an
4 examination at the conclusion of the course to measure
5 changes in parental attitudes.
6 (f) Each parenting course shall enter into a written
7 agreement with each parent with respect to the
8 responsibilities a parent shall satisfy in order to pass the
9 course.
10 (g) The staff of each parenting course shall have
11 training in the following areas:
12 (1) The prevention of child abuse and neglect.
13 (2) Parenting techniques.
14 (h) Each parenting course shall provide the following
15 information to the appropriate regional or area office of the
16 Department for the region or area in which the course is
17 taught, for clients referred through the Department:
18 (1) Level of participation by parents.
19 (2) Number of course hours completed.
20 (3) Topics covered during attendance in class by a
21 parent and topics covered during a parent's absence from
22 class.
23 (4) Assessment of a parent's gain in his or her
24 knowledge about parenting as demonstrated by tests prior
25 to and after the parenting course.
26 (325 ILCS 5/8.2b new)
27 Sec. 8.2b. Service plan guidelines.
28 (a) The following guidelines shall be fully considered
29 when determining whether the child's family is willing and
30 able to provide the child with a safe family home:
31 (1) The age and the physical and mental
32 vulnerability of the child.
33 (2) The date or dates upon which the child was
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1 placed out of the family home, and the date or dates of
2 any subsequent change in placement.
3 (3) The magnitude of the harm suffered by the
4 child.
5 (4) The frequency of the harm suffered by the
6 child.
7 (5) Whether the child has been the victim of
8 repeated harm after an initial report and intervention by
9 a social agency.
10 (6) Whether the child is fearful of living in or
11 returning to the child's family home.
12 (7) The results of psychiatric, psychological, and
13 developmental evaluations of the child, the alleged
14 perpetrator, and other appropriate family members who are
15 parties.
16 (8) Whether there is a history of abusive or
17 assaultive conduct by the child's family or others who
18 have access to the child's family home.
19 (9) Whether the non-perpetrators who reside in the
20 child's home are willing and able to protect the child.
21 (10) Whether the perpetrator of the harm to the
22 child is identified.
23 (11) Whether the perpetrator has admitted and
24 acknowledged his or her responsibility for the harm.
25 (12) Whether the perpetrator has apologized to the
26 child for the harm.
27 (13) The motive of the perpetrator.
28 (14) Whether the perpetrator has been removed from
29 the child's family home prior to any removal of the child
30 and will not return for any reason without prior
31 permission of the court. If necessary, the perpetrator
32 shall be removed from the child's family home by court
33 order under Section 2-25 of the Juvenile Court Act of
34 1987.
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1 (15) The willingness and ability of the child's
2 family to seek out, accept, and complete counseling
3 services, and to cooperate with and facilitate close
4 supervision by an appropriate social agency.
5 (16) The willingness and ability of the child's
6 family to effect positive environmental and personal
7 changes within a reasonable period of time.
8 (17) Whether the child's family demonstrates
9 adequate parenting skills, such as providing the child
10 and other children under their care with the following:
11 (A) Minimally adequate health and nutritional
12 care.
13 (B) Stimulation, care, nurturance, and
14 appropriate discipline consistent with the child's
15 physical and psychological development.
16 (C) Guidance and supervision consistent with
17 the child's safety.
18 (D) A safe physical home environment.
19 (E) Protection from repeated exposure to
20 violence, even though not directed at the child.
21 (18) Whether the child's family has an
22 understanding of the child's needs and capabilities.
23 (19) Whether the child's family perceives the child
24 as being "different".
25 (20) The child's family's psychological attachment
26 to the child.
27 (21) Whether the child's family problems relating
28 to the safety of the family home are sufficiently
29 resolved.
30 (22) Whether the obstacles to getting assistance
31 are minimal, such as whether telephone and transportation
32 are available.
33 (23) Whether a competent person knows the child's
34 family well enough to have sufficient contact and
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1 knowledge to recognize both immediate and pending
2 problems.
3 (24) Whether the competent person in paragraph (23)
4 can and will intervene and help, as well as report, when
5 a problem is recognized.
6 (25) Whether there is available a social support
7 system consisting of an extended family and friends.
8 (26) Whether there are other professionals,
9 agencies, or relatives who have provided evidence that
10 the child's family home is safe.
11 (b) The following guidelines, relating specifically to
12 the child, shall be considered in determining whether the
13 family home is a healthy environment for the child:
14 (1) The current facts relating to the child, which
15 include the following:
16 (A) Age and vulnerability.
17 (B) Psychological, medical, and dental needs.
18 (C) Peer and family relationships and bonding
19 abilities.
20 (D) Developmental growth and schooling.
21 (E) Current living situation.
22 (F) Fear of being in the family home.
23 (G) Services provided the child.
24 (2) The initial and subsequent reports of harm or
25 threatened harm suffered by the child.
26 (3) The date or dates and reason for the child's
27 placement out of the home, a description of the
28 appropriateness and location of the placement, and who
29 has placement responsibility.
30 (4) Historical facts relating to the alleged
31 perpetrator and other appropriate family members who are
32 parties, which include the following:
33 (A) Birthplace and family of origin.
34 (B) How they were parented.
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1 (C) Marital or relationship history.
2 (D) Prior involvement in services.
3 (5) The results of psychiatric, psychological,
4 developmental evaluations of the child, the alleged
5 perpetrator, and other appropriate family members who are
6 parties.
7 (6) Whether there is a history of abusive or
8 assaultive conduct by the child's family or others who
9 have access to the family home.
10 (7) Whether there is a history of substance abuse
11 by the child's family or others who have access to the
12 family home.
13 (8) Whether the alleged perpetrator has
14 acknowledged and apologized for the harm.
15 (9) Whether the non-perpetrator or non-perpetrators
16 who reside in the family home have demonstrated the
17 ability to protect the child from further harm and ensure
18 that current protective orders are enforced.
19 (10) Whether there is a support system of extended
20 family or friends available to the child's family.
21 (11) Whether the child's family has demonstrated an
22 understanding and utilization of the recommended or court
23 ordered services designated to effectuate a safe home for
24 the child.
25 (12) Whether the child's family has resolved or can
26 resolve the identified safety issues in the family home
27 within a reasonable period of time.
28 (13) Whether the child's family has demonstrated
29 the ability to understand and adequately parent the
30 child, especially in the areas of communication,
31 nurturing, child development, perception of the child,
32 and meeting the child's physical and emotional needs.
33 (14) Assessment (to include the demonstrated
34 ability of the child's family to provide a safe family
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1 home for the child) and recommendation.
2 Section 99. Effective date. This Act takes effect upon
3 becoming law.