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Public Act 102-0070 | ||||
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AN ACT concerning children.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Children and Family Services Act is amended | ||||
by changing Sections 7.3a and 35.10 as follows: | ||||
(20 ILCS 505/7.3a) | ||||
Sec. 7.3a. Normalcy parenting for children in foster care; | ||||
participation in childhood activities. | ||||
(a) Legislative findings. | ||||
(1) Every day parents make important decisions about | ||||
their child's
participation in extracurricular activities. | ||||
Caregivers for children in out-of-home
care are faced with | ||||
making the same decisions. | ||||
(2) When a caregiver makes decisions, he or she must | ||||
consider applicable laws, rules, and regulations to | ||||
safeguard the health, safety, and best interests of a | ||||
child in out-of-home care. | ||||
(3) Participation in extracurricular activities is | ||||
important to a child's
well-being, not only emotionally, | ||||
but also in developing valuable life skills. | ||||
(4) The General Assembly recognizes the importance of | ||||
making every effort to normalize
the lives of children in | ||||
out-of-home care and to empower a caregiver
to approve or |
not approve a child's participation in appropriate | ||
extracurricular activities based on
the caregiver's own | ||
assessment using the reasonable and prudent
parent | ||
standard, without prior approval of the Department, the
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caseworker, or the court. | ||
(5) Nothing in this Section shall be presumed to | ||
discourage or diminish the engagement of families and | ||
guardians in the child's life activities. | ||
(b) Definitions. As used in this Section: | ||
"Appropriate activities" means activities or items that | ||
are generally
accepted as suitable for children of the same | ||
chronological age or
developmental level of maturity. | ||
Appropriateness is based on the development
of cognitive, | ||
emotional, physical, and behavioral capacity that is
typical | ||
for an age or age group, taking into account the individual | ||
child's cognitive, emotional, physical, and behavioral | ||
development. | ||
"Caregiver" means a person with whom the child is placed | ||
in
out-of-home care or a designated official for child care | ||
facilities
licensed by the Department as
defined in the Child | ||
Care Act of 1969. | ||
"Reasonable and prudent parent standard" means the | ||
standard
characterized by careful and sensible parental | ||
decisions that maintain
the child's health, safety, and best | ||
interests while at the same time
supporting the child's | ||
emotional and developmental growth that a
caregiver shall use |
when determining whether to allow a child in out-of-home care | ||
to participate in extracurricular, enrichment, cultural, and | ||
social
activities. | ||
(c) Requirements for decision-making. | ||
(1) Each child who comes into the care and custody of | ||
the Department
is fully entitled to participate in | ||
appropriate extracurricular,
enrichment, cultural, and | ||
social activities in a manner that allows that child to | ||
participate in his or her community to the fullest extent | ||
possible. | ||
(2) Caregivers must use the reasonable and prudent | ||
parent standard
in determining whether to give permission | ||
for a child in out-of-home
care to participate in | ||
appropriate extracurricular, enrichment, cultural, and | ||
social activities.
Caregivers are expected to promote and | ||
support a child's participation in such activities. When | ||
using the reasonable and prudent parent standard, the
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caregiver shall consider: | ||
(A) the child's age, maturity, and developmental | ||
level to promote the
overall health, safety, and best | ||
interests of the child; | ||
(B) the best interest of the child based on | ||
information known by the
caregiver; | ||
(C) the importance and fundamental value of | ||
encouraging the child's emotional and
developmental | ||
growth gained through participation in activities in |
his or her community; | ||
(D) the importance and fundamental value of | ||
providing the child with the most family-like
living | ||
experience possible; and | ||
(E) the behavioral history of the child and the | ||
child's ability to safely
participate in the proposed | ||
activity. | ||
(3) A caregiver is not liable for harm
caused to a | ||
child in out-of-home care who participates in an activity | ||
approved by
the caregiver, provided that the caregiver has | ||
acted as a reasonable
and prudent parent in permitting the | ||
child to engage in the activity. | ||
(d) Rulemaking. The Department shall adopt, by rule,
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procedures no later than June 1, 2017 that promote and protect | ||
the ability
of children to participate in appropriate | ||
extracurricular,
enrichment, cultural, and social activities.
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(e) The Department shall ensure that every youth in care | ||
who is entering his or her final year of high school has | ||
completed a Free Application for Federal Student Aid form, if | ||
applicable, or an application for State financial aid on or | ||
after October 1, but no later than November 1, of the youth's | ||
final year of high school. | ||
(Source: P.A. 99-839, eff. 8-19-16.) | ||
(20 ILCS 505/35.10) | ||
Sec. 35.10. Documents necessary for adult living. The |
Department shall assist a youth in care in identifying and | ||
obtaining documents necessary to function as an independent | ||
adult prior to the closure of the youth's case to terminate | ||
wardship as provided in Section 2-31 of the Juvenile Court Act | ||
of 1987. These necessary documents shall include, but not be | ||
limited to, any of the following: | ||
(1) State identification card or driver's license. | ||
(2) Social Security card. | ||
(3) Medical records, including, but not limited to, | ||
health passport, dental records, immunization records, | ||
name and contact information for all current medical, | ||
dental, and mental health providers, and a signed | ||
certification that the Department provided the youth with | ||
education on executing a healthcare power of attorney. | ||
(4) Medicaid card or other health eligibility | ||
documentation. | ||
(5) Certified copy of birth certificate. | ||
(6) Any applicable religious documents. | ||
(7) Voter registration card. | ||
(8) Immigration, citizenship, or naturalization | ||
documentation, if applicable. | ||
(9) Death certificates of parents, if applicable. | ||
(10) Life book or compilation of personal history and | ||
photographs. | ||
(11) List of known relatives with relationships, | ||
addresses, telephone numbers, and other contact |
information, with the permission of the involved relative. | ||
(12) Resume. | ||
(13) Educational records, including list of schools | ||
attended, and transcript, high school diploma, or high | ||
school equivalency certificate. | ||
(14) List of placements while in care. | ||
(15) List of community resources with referral | ||
information, including the Midwest Adoption Center for | ||
search and reunion services for former youth in care, | ||
whether or not they were adopted, and the Illinois Chapter | ||
of Foster Care Alumni of America. | ||
(16) All documents necessary to complete a Free | ||
Application for Federal Student Aid form, if applicable, | ||
or an application for State financial aid. | ||
If a court determines that a youth in care no longer requires | ||
wardship of the court and orders the wardship terminated and | ||
all proceedings under the Juvenile Court Act of 1987 | ||
respecting the youth in care finally closed and discharged, | ||
the Department shall ensure that the youth in care receives a | ||
copy of the court's order.
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(Source: P.A. 100-680, eff. 1-1-19 .)
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