State of Illinois
92nd General Assembly
Legislation

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92_HB0638eng

 
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 1        AN  ACT  concerning the Department of Children and Family
 2    Services.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.  The  Children  and  Family  Services  Act is
 6    amended by changing Sections 7,  7.3,  and  35.6  and  adding
 7    Section 5d as follows:

 8        (20 ILCS 505/5d new)
 9        Sec. 5d.  Advocacy Office for Children and Families.  The
10    Department  of  Children  and Family Services shall establish
11    and maintain an Advocacy Office  for  Children  and  Families
12    that  shall,  in  addition  to  other  duties assigned by the
13    Director, receive and respond to complaints that may be filed
14    by children, parents, caretakers, and relatives  of  children
15    receiving  child  welfare  services  from  the  Department of
16    Children and Family Services or its agents.   The  Department
17    shall   promulgate   policies   and  procedures  for  filing,
18    processing, investigating, and resolving the complaints.  The
19    Department shall make a final report to  the  complainant  of
20    its  findings.   If  a  final  report  is  not completed, the
21    Department shall report on its  disposition  every  30  days.
22    The  Advocacy  Office  shall  include  a  statewide toll-free
23    telephone number that may be used to file complaints,  or  to
24    obtain  information  about  the  delivery  of  child  welfare
25    services  by  the  Department  or its agents.  This telephone
26    number shall be  included  in  all  appropriate  notices  and
27    handbooks    regarding   services   available   through   the
28    Department.

29        (20 ILCS 505/7) (from Ch. 23, par. 5007)
30        Sec. 7.  Placement of children; considerations.
 
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 1        (a)  In placing any child under this Act, the  Department
 2    shall  place  such child, as far as possible, in the care and
 3    custody of some individual holding the same religious  belief
 4    as the parents of the child, or with some child care facility
 5    which  is  operated by persons of like religious faith as the
 6    parents of such child.
 7        (b)  In placing a child under this  Act,  the  Department
 8    may  place  a  child  with  a  relative if the Department has
 9    reason  to  believe  that  the  relative  will  be  able   to
10    adequately  provide  for  the child's safety and welfare. The
11    Department may not place a child with a  relative,  with  the
12    exception  of  certain  circumstances  which may be waived as
13    defined by the Department in rules, if the results of a check
14    of the Law Enforcement Agency Data System (LEADS)  identifies
15    a  prior  criminal  conviction  of  the relative or any adult
16    member of the relative's household for any of  the  following
17    offenses under the Criminal Code of 1961:
18             (1)  murder;
19             (1.1)  solicitation of murder;
20             (1.2)  solicitation of murder for hire;
21             (1.3)  intentional homicide of an unborn child;
22             (1.4)  voluntary manslaughter of an unborn child;
23             (1.5)  involuntary manslaughter;
24             (1.6)  reckless homicide;
25             (1.7)  concealment of a homicidal death;
26             (1.8)  involuntary manslaughter of an unborn child;
27             (1.9)  reckless homicide of an unborn child;
28             (1.10)  drug-induced homicide;
29             (2)  a sex offense under Article 11, except offenses
30        described in Sections 11-7, 11-8, 11-12, and 11-13;
31             (3)  kidnapping;
32             (3.1)  aggravated unlawful restraint;
33             (3.2)  forcible detention;
34             (3.3)  aiding and abetting child abduction;
 
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 1             (4)  aggravated kidnapping;
 2             (5)  child abduction;
 3             (6)  aggravated battery of a child;
 4             (7)  criminal sexual assault;
 5             (8)  aggravated criminal sexual assault;
 6             (8.1)  predatory criminal sexual assault of a child;
 7             (9)  criminal sexual abuse;
 8             (10)  aggravated sexual abuse;
 9             (11)  heinous battery;
10             (12)  aggravated battery with a firearm;
11             (13)  tampering with food, drugs, or cosmetics;
12             (14)  drug-induced infliction of great bodily harm;
13             (15)  aggravated stalking;
14             (16)  home invasion;
15             (17)  vehicular invasion;
16             (18)  criminal transmission of HIV;
17             (19)  criminal  neglect  of  an  elderly or disabled
18        person;
19             (20)  child abandonment;
20             (21)  endangering the life or health of a child;
21             (22)  ritual mutilation;
22             (23)  ritualized abuse of a child;
23             (24)  an offense in any other state the elements  of
24        which  are similar and bear a substantial relationship to
25        any of the foregoing offenses.
26    For the purpose of this subsection, "relative" shall  include
27    any  person,  21 years of age or over, other than the parent,
28    who (i) is currently related to  the  child  in  any  of  the
29    following  ways  by  blood or adoption: grandparent, sibling,
30    great-grandparent, uncle, aunt, nephew, niece, first  cousin,
31    great-uncle,  or  great-aunt; or (ii) is the spouse of such a
32    relative; or (iii) is the child's  step-father,  step-mother,
33    or   adult   step-brother  or  step-sister;  "relative"  also
34    includes a person related in any of the foregoing ways  to  a
 
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 1    sibling  of a child, even though the person is not related to
 2    the child, when the child and its sibling are placed together
 3    with that person.  A relative with whom  a  child  is  placed
 4    pursuant  to  this  subsection  may,  but is not required to,
 5    apply for licensure as a foster family home pursuant  to  the
 6    Child Care Act of 1969; provided, however, that as of July 1,
 7    1995,  foster  care  payments  shall be made only to licensed
 8    foster family homes pursuant to the terms  of  Section  5  of
 9    this Act.
10        (c)  In  placing  a  child under this Act, the Department
11    shall ensure  that  the  child's  health,  safety,  and  best
12    interests  are  met in making a family foster care placement.
13    The Department shall consider the  individual  needs  of  the
14    child  and the capacity of the prospective foster or adoptive
15    parents to meet the needs of the child. When a child must  be
16    placed  outside  his  or  her  home and cannot be immediately
17    returned to his or her parents or guardian, a  comprehensive,
18    individualized assessment shall be performed of that child at
19    which  time the needs of the child shall be determined.  Only
20    if race,  color,  or  national  origin  is  identified  as  a
21    legitimate  factor  in  advancing  the child's best interests
22    shall it be considered.   Race,  color,  or  national  origin
23    shall  not  be  routinely  considered  in  making a placement
24    decision.  The Department shall make special efforts for  the
25    diligent   recruitment   of  potential  foster  and  adoptive
26    families that reflect the ethnic and racial diversity of  the
27    children  for  whom  foster  and  adoptive  homes are needed.
28    "Special efforts" shall include contacting and  working  with
29    community  organizations  and religious organizations and may
30    include contracting with those organizations, utilizing local
31    media and other  local  resources,  and  conducting  outreach
32    activities.
33        (c-1)  At  the  time  of  placement, the Department shall
34    consider concurrent  planning,  as  described  in  subsection
 
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 1    (l-1)  of  Section  5,  so  that  permanency may occur at the
 2    earliest opportunity.  Consideration should be given so  that
 3    if  reunification  fails or is delayed, the placement made is
 4    the best available placement to provide  permanency  for  the
 5    child.
 6        (d)  The  Department  may accept gifts, grants, offers of
 7    services, and other contributions to use  in  making  special
 8    recruitment efforts.
 9        (e)  The  Department  in  placing children in adoptive or
10    foster care homes may not, in any policy or practice relating
11    to the placement of children for  adoption  or  foster  care,
12    discriminate  against  any  child  or prospective adoptive or
13    foster parent on the basis of race.
14    (Source:  P.A.  89-21,  eff.  7-1-95;  89-422;  89-428,  eff.
15    12-13-95; 89-462, eff. 5-29-96; 89-626, eff.  8-9-96;  90-27,
16    eff. 1-1-98; 90-28, eff. 1-1-98; 90-608, eff. 6-30-98.)

17        (20 ILCS 505/7.3)
18        Sec.  7.3.  Placement plan.  The Department shall develop
19    and implement a written plan for placing children.  The  plan
20    shall include at least the following features:
21             (1)  A  plan  for  recruiting  minority adoptive and
22        foster families.  The plan shall include  strategies  for
23        using  existing resources in minority communities, use of
24        minority  outreach  staff  whenever  possible,   use   of
25        minority  foster  homes  for  placements  after birth and
26        before adoption, and other techniques as appropriate.
27             (2)  A  plan  for  training  adoptive   and   foster
28        families of minority children.
29             (3)  A plan for employing social workers in adoption
30        and  foster  care.  The plan shall include staffing goals
31        and objectives.
32             (4)  A plan for ensuring that  adoption  and  foster
33        care  workers  attend training offered or approved by the
 
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 1        Department regarding  the  State's  goal  of  encouraging
 2        cultural   diversity  and  the  needs  of  special  needs
 3        children.
 4             (5)  A plan that includes  policies  and  procedures
 5        for   determining  for  each  child  requiring  placement
 6        outside of his or her home, and who cannot be immediately
 7        returned to his or her parents or guardian, the placement
 8        needs of that  child.   In  the  rare  instance  when  an
 9        individualized   assessment  identifies,  documents,  and
10        substantiates that race, color, or national origin  is  a
11        factor  that  needs  to  be  considered  in  advancing  a
12        particular child's best interests, it shall be considered
13        in making a placement.
14    (Source:  P.A. 89-422.)

15        (20 ILCS 505/35.6)
16        Sec.   35.6.    State-wide   Foster   parent  state-wide,
17    toll-free telephone number.
18        (a)  There shall be  a  State-wide,  toll-free  telephone
19    number for any person foster parents, whether or not mandated
20    by law, to report to the Inspector General of the Department,
21    suspected misconduct, malfeasance, misfeasance, or violations
22    of  rules,  procedures,  or  laws  by  Department  employees,
23    service  providers, or contractors that is detrimental to the
24    best  interest  of  children  receiving  care,  services,  or
25    training from or who were  committed  to  the  Department  as
26    allowed  under  Section  5  of  this  Act.   Immediately upon
27    receipt of a telephone  call  regarding  suspected  abuse  or
28    neglect  of  children,  the Inspector General shall refer the
29    call to the Child Abuse and Neglect Hotline or to  the  State
30    Police   as  mandated  by  the  Abused  and  Neglected  Child
31    Reporting Act and Section  35.5  of  this  Act.   A  mandated
32    reporter  shall  not be relieved of his or her duty to report
33    incidents to the Child Abuse and Neglect Hotline referred  to
 
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 1    in   this  subsection.   The  Inspector  General  shall  also
 2    establish rules and  procedures  for  evaluating  reports  of
 3    suspected   misconduct   and   violation  of  rules  and  for
 4    conducting an investigation of such reports.
 5        (b)  The Inspector General  shall  prepare  and  maintain
 6    written  records from the reporting source that shall contain
 7    the following information to the extent known at the time the
 8    report is made: (1) the names and addresses of the child  and
 9    the  person  responsible  for  the  child's  welfare; (2) the
10    nature of the misconduct  and  the  detriment  cause  to  the
11    child's  best  interest;  (3)  the  names  of  the persons or
12    agencies  responsible  for  the  alleged   misconduct.    Any
13    investigation  conducted by the Inspector General pursuant to
14    such information shall not duplicate and  shall  be  separate
15    from  the  investigation mandated by the Abused and Neglected
16    Child Reporting Act.   However,  the  Inspector  General  may
17    include the results of such investigation in reports compiled
18    under  this  Section.  At the request of the reporting agent,
19    the  Inspector  General  shall  keep  the  identity  of   the
20    reporting  agent  strictly confidential from the operation of
21    the Department, until the Inspector General  shall  determine
22    what  recommendations shall be made with regard to discipline
23    or sanction of the Department employee, service provider,  or
24    contractor,  with  the  exception of suspected child abuse or
25    neglect which shall be handled consistent with the Abused and
26    Neglected Child Reporting Act and Section 35.5 of  this  Act.
27    The  Department  shall  take  whatever steps are necessary to
28    assure that a person making a report in good faith under this
29    Section is not adversely affected  solely  on  the  basis  of
30    having made such report.
31    (Source: P.A. 88-7; 88-491.)

32        Section  99.  Effective date.  This Act takes effect upon
33    becoming law.

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