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Public Act 096-0760 |
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AN ACT concerning children.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Children and Family Services Act is amended | ||||
by changing Sections 5, 5a, and 9.9 as follows:
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(20 ILCS 505/5) (from Ch. 23, par. 5005)
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Sec. 5. Direct child welfare services; Department of | ||||
Children and Family
Services. To provide direct child welfare | ||||
services when not available
through other public or private | ||||
child care or program facilities.
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(a) For purposes of this Section:
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(1) "Children" means persons found within the State who | ||||
are under the
age of 18 years. The term also includes | ||||
persons under age 19 who:
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(A) were committed to the Department pursuant to | ||||
the
Juvenile Court Act or the Juvenile Court Act of | ||||
1987, as amended, prior to
the age of 18 and who | ||||
continue under the jurisdiction of the court; or
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(B) were accepted for care, service and training by
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the Department prior to the age of 18 and whose best | ||||
interest in the
discretion of the Department would be | ||||
served by continuing that care,
service and training | ||||
because of severe emotional disturbances, physical
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disability, social adjustment or any combination | ||
thereof, or because of the
need to complete an | ||
educational or vocational training program.
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(2) "Homeless youth" means persons found within the
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State who are under the age of 19, are not in a safe and | ||
stable living
situation and cannot be reunited with their | ||
families.
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(3) "Child welfare services" means public social | ||
services which are
directed toward the accomplishment of | ||
the following purposes:
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(A) protecting and promoting the health, safety | ||
and welfare of
children,
including homeless, dependent | ||
or neglected children;
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(B) remedying, or assisting in the solution
of | ||
problems which may result in, the neglect, abuse, | ||
exploitation or
delinquency of children;
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(C) preventing the unnecessary separation of | ||
children
from their families by identifying family | ||
problems, assisting families in
resolving their | ||
problems, and preventing the breakup of the family
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where the prevention of child removal is desirable and | ||
possible when the
child can be cared for at home | ||
without endangering the child's health and
safety;
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(D) restoring to their families children who have | ||
been
removed, by the provision of services to the child | ||
and the families when the
child can be cared for at |
home without endangering the child's health and
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safety;
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(E) placing children in suitable adoptive homes, | ||
in
cases where restoration to the biological family is | ||
not safe, possible or
appropriate;
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(F) assuring safe and adequate care of children | ||
away from their
homes, in cases where the child cannot | ||
be returned home or cannot be placed
for adoption. At | ||
the time of placement, the Department shall consider
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concurrent planning,
as described in subsection (l-1) | ||
of this Section so that permanency may
occur at the | ||
earliest opportunity. Consideration should be given so | ||
that if
reunification fails or is delayed, the | ||
placement made is the best available
placement to | ||
provide permanency for the child;
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(G) (blank);
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(H) (blank); and
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(I) placing and maintaining children in facilities | ||
that provide
separate living quarters for children | ||
under the age of 18 and for children
18 years of age | ||
and older, unless a child 18 years of age is in the | ||
last
year of high school education or vocational | ||
training, in an approved
individual or group treatment | ||
program, in a licensed shelter facility,
or secure | ||
child care facility.
The Department is not required to | ||
place or maintain children:
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(i) who are in a foster home, or
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(ii) who are persons with a developmental | ||
disability, as defined in
the Mental
Health and | ||
Developmental Disabilities Code, or
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(iii) who are female children who are | ||
pregnant, pregnant and
parenting or parenting, or
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(iv) who are siblings, in facilities that | ||
provide separate living quarters for children 18
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years of age and older and for children under 18 | ||
years of age.
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(b) Nothing in this Section shall be construed to authorize | ||
the
expenditure of public funds for the purpose of performing | ||
abortions.
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(c) The Department shall establish and maintain | ||
tax-supported child
welfare services and extend and seek to | ||
improve voluntary services
throughout the State, to the end | ||
that services and care shall be available
on an equal basis | ||
throughout the State to children requiring such services.
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(d) The Director may authorize advance disbursements for | ||
any new program
initiative to any agency contracting with the | ||
Department. As a
prerequisite for an advance disbursement, the | ||
contractor must post a
surety bond in the amount of the advance | ||
disbursement and have a
purchase of service contract approved | ||
by the Department. The Department
may pay up to 2 months | ||
operational expenses in advance. The amount of the
advance | ||
disbursement shall be prorated over the life of the contract
or |
the remaining months of the fiscal year, whichever is less, and | ||
the
installment amount shall then be deducted from future | ||
bills. Advance
disbursement authorizations for new initiatives | ||
shall not be made to any
agency after that agency has operated | ||
during 2 consecutive fiscal years.
The requirements of this | ||
Section concerning advance disbursements shall
not apply with | ||
respect to the following: payments to local public agencies
for | ||
child day care services as authorized by Section 5a of this | ||
Act; and
youth service programs receiving grant funds under | ||
Section 17a-4.
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(e) (Blank).
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(f) (Blank).
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(g) The Department shall establish rules and regulations | ||
concerning
its operation of programs designed to meet the goals | ||
of child safety and
protection,
family preservation, family | ||
reunification, and adoption, including but not
limited to:
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(1) adoption;
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(2) foster care;
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(3) family counseling;
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(4) protective services;
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(5) (blank);
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(6) homemaker service;
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(7) return of runaway children;
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(8) (blank);
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(9) placement under Section 5-7 of the Juvenile Court | ||
Act or
Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile |
Court Act of 1987 in
accordance with the federal Adoption | ||
Assistance and Child Welfare Act of
1980; and
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(10) interstate services.
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Rules and regulations established by the Department shall | ||
include
provisions for training Department staff and the staff | ||
of Department
grantees, through contracts with other agencies | ||
or resources, in alcohol
and drug abuse screening techniques | ||
approved by the Department of Human
Services, as a successor to | ||
the Department of Alcoholism and Substance Abuse,
for the | ||
purpose of identifying children and adults who
should be | ||
referred to an alcohol and drug abuse treatment program for
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professional evaluation.
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(h) If the Department finds that there is no appropriate | ||
program or
facility within or available to the Department for a | ||
ward and that no
licensed private facility has an adequate and | ||
appropriate program or none
agrees to accept the ward, the | ||
Department shall create an appropriate
individualized, | ||
program-oriented plan for such ward. The
plan may be developed | ||
within the Department or through purchase of services
by the | ||
Department to the extent that it is within its statutory | ||
authority
to do.
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(i) Service programs shall be available throughout the | ||
State and shall
include but not be limited to the following | ||
services:
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(1) case management;
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(2) homemakers;
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(3) counseling;
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(4) parent education;
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(5) day care; and
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(6) emergency assistance and advocacy.
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In addition, the following services may be made available | ||
to assess and
meet the needs of children and families:
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(1) comprehensive family-based services;
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(2) assessments;
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(3) respite care; and
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(4) in-home health services.
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The Department shall provide transportation for any of the | ||
services it
makes available to children or families or for | ||
which it refers children
or families.
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(j) The Department may provide categories of financial | ||
assistance and
education assistance grants, and shall
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establish rules and regulations concerning the assistance and | ||
grants, to
persons who
adopt physically or mentally | ||
handicapped, older and other hard-to-place
children who (i) | ||
immediately prior to their adoption were legal wards of
the | ||
Department
or (ii) were determined eligible for financial | ||
assistance with respect to a
prior adoption and who become | ||
available for adoption because the
prior adoption has been | ||
dissolved and the parental rights of the adoptive
parents have | ||
been
terminated or because the child's adoptive parents have | ||
died.
The Department may continue to provide financial | ||
assistance and education assistance grants for a child who was |
determined eligible for financial assistance under this | ||
subsection (j) in the interim period beginning when the child's | ||
adoptive parents died and ending with the finalization of the | ||
new adoption of the child by another adoptive parent or | ||
parents. The Department may also provide categories of | ||
financial
assistance and education assistance grants, and
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shall establish rules and regulations for the assistance and | ||
grants, to persons
appointed guardian of the person under | ||
Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, | ||
4-25 or 5-740 of the Juvenile Court Act of 1987
for children | ||
who were wards of the Department for 12 months immediately
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prior to the appointment of the guardian.
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The amount of assistance may vary, depending upon the needs | ||
of the child
and the adoptive parents,
as set forth in the | ||
annual
assistance agreement. Special purpose grants are | ||
allowed where the child
requires special service but such costs | ||
may not exceed the amounts
which similar services would cost | ||
the Department if it were to provide or
secure them as guardian | ||
of the child.
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Any financial assistance provided under this subsection is
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inalienable by assignment, sale, execution, attachment, | ||
garnishment, or any
other remedy for recovery or collection of | ||
a judgment or debt.
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(j-5) The Department shall not deny or delay the placement | ||
of a child for
adoption
if an approved family is available | ||
either outside of the Department region
handling the case,
or |
outside of the State of Illinois.
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(k) The Department shall accept for care and training any | ||
child who has
been adjudicated neglected or abused, or | ||
dependent committed to it pursuant
to the Juvenile Court Act or | ||
the Juvenile Court Act of 1987.
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(l) Before July 1, 2000, the Department may provide, and | ||
beginning
July 1, 2000, the Department shall
offer family | ||
preservation services, as defined in Section 8.2 of the Abused
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and
Neglected Child
Reporting Act, to help families, including | ||
adoptive and extended families.
Family preservation
services | ||
shall be offered (i) to prevent the
placement
of children in
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substitute care when the children can be cared for at home or | ||
in the custody of
the person
responsible for the children's | ||
welfare,
(ii) to
reunite children with their families, or (iii) | ||
to
maintain an adoptive placement. Family preservation | ||
services shall only be
offered when doing so will not endanger | ||
the children's health or safety. With
respect to children who | ||
are in substitute care pursuant to the Juvenile Court
Act of | ||
1987, family preservation services shall not be offered if a | ||
goal other
than those of subdivisions (A), (B), or (B-1) of | ||
subsection (2) of Section 2-28
of
that Act has been set.
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Nothing in this paragraph shall be construed to create a | ||
private right of
action or claim on the part of any individual | ||
or child welfare agency.
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The Department shall notify the child and his family of the
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Department's
responsibility to offer and provide family |
preservation services as
identified in the service plan. The | ||
child and his family shall be eligible
for services as soon as | ||
the report is determined to be "indicated". The
Department may | ||
offer services to any child or family with respect to whom a
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report of suspected child abuse or neglect has been filed, | ||
prior to
concluding its investigation under Section 7.12 of the | ||
Abused and Neglected
Child Reporting Act. However, the child's | ||
or family's willingness to
accept services shall not be | ||
considered in the investigation. The
Department may also | ||
provide services to any child or family who is the
subject of | ||
any report of suspected child abuse or neglect or may refer | ||
such
child or family to services available from other agencies | ||
in the community,
even if the report is determined to be | ||
unfounded, if the conditions in the
child's or family's home | ||
are reasonably likely to subject the child or
family to future | ||
reports of suspected child abuse or neglect. Acceptance
of such | ||
services shall be voluntary. The Department may also provide | ||
services to any child or family after completion of a family | ||
assessment, as an alternative to an investigation, as provided | ||
under the "differential response program" provided for in | ||
subsection (a-5) of Section 7.4 of the Abused and Neglected | ||
Child Reporting Act.
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The Department may, at its discretion except for those | ||
children also
adjudicated neglected or dependent, accept for | ||
care and training any child
who has been adjudicated addicted, | ||
as a truant minor in need of
supervision or as a minor |
requiring authoritative intervention, under the
Juvenile Court | ||
Act or the Juvenile Court Act of 1987, but no such child
shall | ||
be committed to the Department by any court without the | ||
approval of
the Department. A minor charged with a criminal | ||
offense under the Criminal
Code of 1961 or adjudicated | ||
delinquent shall not be placed in the custody of or
committed | ||
to the Department by any court, except a minor less than 15 | ||
years
of age committed to the Department under Section 5-710 of | ||
the Juvenile Court
Act
of 1987 or a minor for whom an | ||
independent basis of abuse, neglect, or dependency exists, | ||
which must be defined by departmental rule. An independent | ||
basis exists when the allegations or adjudication of abuse, | ||
neglect, or dependency do not arise from the same facts, | ||
incident, or circumstances which give rise to a charge or | ||
adjudication of delinquency.
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(l-1) The legislature recognizes that the best interests of | ||
the child
require that
the child be placed in the most | ||
permanent living arrangement as soon as is
practically
| ||
possible. To achieve this goal, the legislature directs the | ||
Department of
Children and
Family Services to conduct | ||
concurrent planning so that permanency may occur at
the
| ||
earliest opportunity. Permanent living arrangements may | ||
include prevention of
placement of a child outside the home of | ||
the family when the child can be cared
for at
home without | ||
endangering the child's health or safety; reunification with | ||
the
family,
when safe and appropriate, if temporary placement |
is necessary; or movement of
the child
toward the most | ||
permanent living arrangement and permanent legal status.
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When determining reasonable efforts to be made with respect | ||
to a child, as
described in this
subsection, and in making such | ||
reasonable efforts, the child's health and
safety shall be the
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paramount concern.
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When a child is placed in foster care, the Department shall | ||
ensure and
document that reasonable efforts were made to | ||
prevent or eliminate the need to
remove the child from the | ||
child's home. The Department must make
reasonable efforts to | ||
reunify the family when temporary placement of the child
occurs
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unless otherwise required, pursuant to the Juvenile Court Act | ||
of 1987.
At any time after the dispositional hearing where the | ||
Department believes
that further reunification services would | ||
be ineffective, it may request a
finding from the court that | ||
reasonable efforts are no longer appropriate. The
Department is | ||
not required to provide further reunification services after | ||
such
a
finding.
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A decision to place a child in substitute care shall be | ||
made with
considerations of the child's health, safety, and | ||
best interests. At the
time of placement, consideration should | ||
also be given so that if reunification
fails or is delayed, the | ||
placement made is the best available placement to
provide | ||
permanency for the child.
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The Department shall adopt rules addressing concurrent | ||
planning for
reunification and permanency. The Department |
shall consider the following
factors when determining | ||
appropriateness of concurrent planning:
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(1) the likelihood of prompt reunification;
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(2) the past history of the family;
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(3) the barriers to reunification being addressed by | ||
the family;
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(4) the level of cooperation of the family;
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(5) the foster parents' willingness to work with the | ||
family to reunite;
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(6) the willingness and ability of the foster family to | ||
provide an
adoptive
home or long-term placement;
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(7) the age of the child;
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(8) placement of siblings.
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(m) The Department may assume temporary custody of any | ||
child if:
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(1) it has received a written consent to such temporary | ||
custody
signed by the parents of the child or by the parent | ||
having custody of the
child if the parents are not living | ||
together or by the guardian or
custodian of the child if | ||
the child is not in the custody of either
parent, or
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(2) the child is found in the State and neither a | ||
parent,
guardian nor custodian of the child can be located.
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If the child is found in his or her residence without a parent, | ||
guardian,
custodian or responsible caretaker, the Department | ||
may, instead of removing
the child and assuming temporary | ||
custody, place an authorized
representative of the Department |
in that residence until such time as a
parent, guardian or | ||
custodian enters the home and expresses a willingness
and | ||
apparent ability to ensure the child's health and safety and | ||
resume
permanent
charge of the child, or until a
relative | ||
enters the home and is willing and able to ensure the child's | ||
health
and
safety and assume charge of the
child until a | ||
parent, guardian or custodian enters the home and expresses
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such willingness and ability to ensure the child's safety and | ||
resume
permanent charge. After a caretaker has remained in the | ||
home for a period not
to exceed 12 hours, the Department must | ||
follow those procedures outlined in
Section 2-9, 3-11, 4-8, or | ||
5-415 of the Juvenile Court Act
of 1987.
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The Department shall have the authority, responsibilities | ||
and duties that
a legal custodian of the child would have | ||
pursuant to subsection (9) of
Section 1-3 of the Juvenile Court | ||
Act of 1987. Whenever a child is taken
into temporary custody | ||
pursuant to an investigation under the Abused and
Neglected | ||
Child Reporting Act, or pursuant to a referral and acceptance
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under the Juvenile Court Act of 1987 of a minor in limited | ||
custody, the
Department, during the period of temporary custody | ||
and before the child
is brought before a judicial officer as | ||
required by Section 2-9, 3-11,
4-8, or 5-415 of the Juvenile | ||
Court Act of 1987, shall have
the authority, responsibilities | ||
and duties that a legal custodian of the child
would have under | ||
subsection (9) of Section 1-3 of the Juvenile Court Act of
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1987.
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The Department shall ensure that any child taken into | ||
custody
is scheduled for an appointment for a medical | ||
examination.
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A parent, guardian or custodian of a child in the temporary | ||
custody of the
Department who would have custody of the child | ||
if he were not in the
temporary custody of the Department may | ||
deliver to the Department a signed
request that the Department | ||
surrender the temporary custody of the child.
The Department | ||
may retain temporary custody of the child for 10 days after
the | ||
receipt of the request, during which period the Department may | ||
cause to
be filed a petition pursuant to the Juvenile Court Act | ||
of 1987. If a
petition is so filed, the Department shall retain | ||
temporary custody of the
child until the court orders | ||
otherwise. If a petition is not filed within
the 10 day period, | ||
the child shall be surrendered to the custody of the
requesting | ||
parent, guardian or custodian not later than the expiration of
| ||
the 10 day period, at which time the authority and duties of | ||
the Department
with respect to the temporary custody of the | ||
child shall terminate.
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(m-1) The Department may place children under 18 years of | ||
age in a secure
child care facility licensed by the Department | ||
that cares for children who are
in need of secure living | ||
arrangements for their health, safety, and well-being
after a | ||
determination is made by the facility director and the Director | ||
or the
Director's designate prior to admission to the facility | ||
subject to Section
2-27.1 of the Juvenile Court Act of 1987. |
This subsection (m-1) does not apply
to a child who is subject | ||
to placement in a correctional facility operated
pursuant to | ||
Section 3-15-2 of the Unified Code of Corrections, unless the
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child is a ward who was placed under the care of the Department | ||
before being
subject to placement in a correctional facility | ||
and a court of competent
jurisdiction has ordered placement of | ||
the child in a secure care facility.
| ||
(n) The Department may place children under 18 years of age | ||
in
licensed child care facilities when in the opinion of the | ||
Department,
appropriate services aimed at family preservation | ||
have been unsuccessful and
cannot ensure the child's health and | ||
safety or are unavailable and such
placement would be for their | ||
best interest. Payment
for board, clothing, care, training and | ||
supervision of any child placed in
a licensed child care | ||
facility may be made by the Department, by the
parents or | ||
guardians of the estates of those children, or by both the
| ||
Department and the parents or guardians, except that no | ||
payments shall be
made by the Department for any child placed | ||
in a licensed child care
facility for board, clothing, care, | ||
training and supervision of such a
child that exceed the | ||
average per capita cost of maintaining and of caring
for a | ||
child in institutions for dependent or neglected children | ||
operated by
the Department. However, such restriction on | ||
payments does not apply in
cases where children require | ||
specialized care and treatment for problems of
severe emotional | ||
disturbance, physical disability, social adjustment, or
any |
combination thereof and suitable facilities for the placement | ||
of such
children are not available at payment rates within the | ||
limitations set
forth in this Section. All reimbursements for | ||
services delivered shall be
absolutely inalienable by | ||
assignment, sale, attachment, garnishment or
otherwise.
| ||
(o) The Department shall establish an administrative | ||
review and appeal
process for children and families who request | ||
or receive child welfare
services from the Department. Children | ||
who are wards of the Department and
are placed by private child | ||
welfare agencies, and foster families with whom
those children | ||
are placed, shall be afforded the same procedural and appeal
| ||
rights as children and families in the case of placement by the | ||
Department,
including the right to an initial review of a | ||
private agency decision by
that agency. The Department shall | ||
insure that any private child welfare
agency, which accepts | ||
wards of the Department for placement, affords those
rights to | ||
children and foster families. The Department shall accept for
| ||
administrative review and an appeal hearing a complaint made by | ||
(i) a child
or foster family concerning a decision following an | ||
initial review by a
private child welfare agency or (ii) a | ||
prospective adoptive parent who alleges
a violation of | ||
subsection (j-5) of this Section. An appeal of a decision
| ||
concerning a change in the placement of a child shall be | ||
conducted in an
expedited manner.
| ||
(p) There is hereby created the Department of Children and | ||
Family
Services Emergency Assistance Fund from which the |
Department may provide
special financial assistance to | ||
families which are in economic crisis when
such assistance is | ||
not available through other public or private sources
and the | ||
assistance is deemed necessary to prevent dissolution of the | ||
family
unit or to reunite families which have been separated | ||
due to child abuse and
neglect. The Department shall establish | ||
administrative rules specifying
the criteria for determining | ||
eligibility for and the amount and nature of
assistance to be | ||
provided. The Department may also enter into written
agreements | ||
with private and public social service agencies to provide
| ||
emergency financial services to families referred by the | ||
Department.
Special financial assistance payments shall be | ||
available to a family no
more than once during each fiscal year | ||
and the total payments to a
family may not exceed $500 during a | ||
fiscal year.
| ||
(q) The Department may receive and use, in their entirety, | ||
for the
benefit of children any gift, donation or bequest of | ||
money or other
property which is received on behalf of such | ||
children, or any financial
benefits to which such children are | ||
or may become entitled while under
the jurisdiction or care of | ||
the Department.
| ||
The Department shall set up and administer no-cost, | ||
interest-bearing accounts in appropriate financial | ||
institutions
for children for whom the Department is legally | ||
responsible and who have been
determined eligible for Veterans' | ||
Benefits, Social Security benefits,
assistance allotments from |
the armed forces, court ordered payments, parental
voluntary | ||
payments, Supplemental Security Income, Railroad Retirement
| ||
payments, Black Lung benefits, or other miscellaneous | ||
payments. Interest
earned by each account shall be credited to | ||
the account, unless
disbursed in accordance with this | ||
subsection.
| ||
In disbursing funds from children's accounts, the | ||
Department
shall:
| ||
(1) Establish standards in accordance with State and | ||
federal laws for
disbursing money from children's | ||
accounts. In all
circumstances,
the Department's | ||
"Guardianship Administrator" or his or her designee must
| ||
approve disbursements from children's accounts. The | ||
Department
shall be responsible for keeping complete | ||
records of all disbursements for each account for any | ||
purpose.
| ||
(2) Calculate on a monthly basis the amounts paid from | ||
State funds for the
child's board and care, medical care | ||
not covered under Medicaid, and social
services; and | ||
utilize funds from the child's account, as
covered by | ||
regulation, to reimburse those costs. Monthly, | ||
disbursements from
all children's accounts, up to 1/12 of | ||
$13,000,000, shall be
deposited by the Department into the | ||
General Revenue Fund and the balance over
1/12 of | ||
$13,000,000 into the DCFS Children's Services Fund.
| ||
(3) Maintain any balance remaining after reimbursing |
for the child's costs
of care, as specified in item (2). | ||
The balance shall accumulate in accordance
with relevant | ||
State and federal laws and shall be disbursed to the child | ||
or his
or her guardian, or to the issuing agency.
| ||
(r) The Department shall promulgate regulations | ||
encouraging all adoption
agencies to voluntarily forward to the | ||
Department or its agent names and
addresses of all persons who | ||
have applied for and have been approved for
adoption of a | ||
hard-to-place or handicapped child and the names of such
| ||
children who have not been placed for adoption. A list of such | ||
names and
addresses shall be maintained by the Department or | ||
its agent, and coded
lists which maintain the confidentiality | ||
of the person seeking to adopt the
child and of the child shall | ||
be made available, without charge, to every
adoption agency in | ||
the State to assist the agencies in placing such
children for | ||
adoption. The Department may delegate to an agent its duty to
| ||
maintain and make available such lists. The Department shall | ||
ensure that
such agent maintains the confidentiality of the | ||
person seeking to adopt the
child and of the child.
| ||
(s) The Department of Children and Family Services may | ||
establish and
implement a program to reimburse Department and | ||
private child welfare
agency foster parents licensed by the | ||
Department of Children and Family
Services for damages | ||
sustained by the foster parents as a result of the
malicious or | ||
negligent acts of foster children, as well as providing third
| ||
party coverage for such foster parents with regard to actions |
of foster
children to other individuals. Such coverage will be | ||
secondary to the
foster parent liability insurance policy, if | ||
applicable. The program shall
be funded through appropriations | ||
from the General Revenue Fund,
specifically designated for such | ||
purposes.
| ||
(t) The Department shall perform home studies and | ||
investigations and
shall exercise supervision over visitation | ||
as ordered by a court pursuant
to the Illinois Marriage and | ||
Dissolution of Marriage Act or the Adoption
Act only if:
| ||
(1) an order entered by an Illinois court specifically
| ||
directs the Department to perform such services; and
| ||
(2) the court has ordered one or both of the parties to
| ||
the proceeding to reimburse the Department for its | ||
reasonable costs for
providing such services in accordance | ||
with Department rules, or has
determined that neither party | ||
is financially able to pay.
| ||
The Department shall provide written notification to the | ||
court of the
specific arrangements for supervised visitation | ||
and projected monthly costs
within 60 days of the court order. | ||
The Department shall send to the court
information related to | ||
the costs incurred except in cases where the court
has | ||
determined the parties are financially unable to pay. The court | ||
may
order additional periodic reports as appropriate.
| ||
(u) In addition to other information that must be provided, | ||
whenever the Department places a child with a prospective | ||
adoptive parent or parents or in a licensed foster home,
group |
home, child care institution, or in a relative home, the | ||
Department
shall provide to the prospective adoptive parent or | ||
parents or other caretaker:
| ||
(1) available detailed information concerning the | ||
child's educational
and health history, copies of | ||
immunization records (including insurance
and medical card | ||
information), a history of the child's previous | ||
placements,
if any, and reasons for placement changes | ||
excluding any information that
identifies or reveals the | ||
location of any previous caretaker;
| ||
(2) a copy of the child's portion of the client service | ||
plan, including
any visitation arrangement, and all | ||
amendments or revisions to it as
related to the child; and
| ||
(3) information containing details of the child's | ||
individualized
educational plan when the child is | ||
receiving special education services.
| ||
The caretaker shall be informed of any known social or | ||
behavioral
information (including, but not limited to, | ||
criminal background, fire
setting, perpetuation of
sexual | ||
abuse, destructive behavior, and substance abuse) necessary to | ||
care
for and safeguard the children to be placed or currently | ||
in the home. The Department may prepare a written summary of | ||
the information required by this paragraph, which may be | ||
provided to the foster or prospective adoptive parent in | ||
advance of a placement. The foster or prospective adoptive | ||
parent may review the supporting documents in the child's file |
in the presence of casework staff. In the case of an emergency | ||
placement, casework staff shall at least provide known | ||
information verbally, if necessary, and must subsequently | ||
provide the information in writing as required by this | ||
subsection.
| ||
The information described in this subsection shall be | ||
provided in writing. In the case of emergency placements when | ||
time does not allow prior review, preparation, and collection | ||
of written information, the Department shall provide such | ||
information as it becomes available. Within 10 business days | ||
after placement, the Department shall obtain from the | ||
prospective adoptive parent or parents or other caretaker a | ||
signed verification of receipt of the information provided. | ||
Within 10 business days after placement, the Department shall | ||
provide to the child's guardian ad litem a copy of the | ||
information provided to the prospective adoptive parent or | ||
parents or other caretaker. The information provided to the | ||
prospective adoptive parent or parents or other caretaker shall | ||
be reviewed and approved regarding accuracy at the supervisory | ||
level.
| ||
(u-5) Effective July 1, 1995, only foster care placements | ||
licensed as
foster family homes pursuant to the Child Care Act | ||
of 1969 shall be eligible to
receive foster care payments from | ||
the Department.
Relative caregivers who, as of July 1, 1995, | ||
were approved pursuant to approved
relative placement rules | ||
previously promulgated by the Department at 89 Ill.
Adm. Code |
335 and had submitted an application for licensure as a foster | ||
family
home may continue to receive foster care payments only | ||
until the Department
determines that they may be licensed as a | ||
foster family home or that their
application for licensure is | ||
denied or until September 30, 1995, whichever
occurs first.
| ||
(v) The Department shall access criminal history record | ||
information
as defined in the Illinois Uniform Conviction | ||
Information Act and information
maintained in the adjudicatory | ||
and dispositional record system as defined in
Section 2605-355 | ||
of the
Department of State Police Law (20 ILCS 2605/2605-355)
| ||
if the Department determines the information is necessary to | ||
perform its duties
under the Abused and Neglected Child | ||
Reporting Act, the Child Care Act of 1969,
and the Children and | ||
Family Services Act. The Department shall provide for
| ||
interactive computerized communication and processing | ||
equipment that permits
direct on-line communication with the | ||
Department of State Police's central
criminal history data | ||
repository. The Department shall comply with all
certification | ||
requirements and provide certified operators who have been
| ||
trained by personnel from the Department of State Police. In | ||
addition, one
Office of the Inspector General investigator | ||
shall have training in the use of
the criminal history | ||
information access system and have
access to the terminal. The | ||
Department of Children and Family Services and its
employees | ||
shall abide by rules and regulations established by the | ||
Department of
State Police relating to the access and |
dissemination of
this information.
| ||
(v-1) Prior to final approval for placement of a child, the | ||
Department shall conduct a criminal records background check of | ||
the prospective foster or adoptive parent, including | ||
fingerprint-based checks of national crime information | ||
databases. Final approval for placement shall not be granted if | ||
the record check reveals a felony conviction for child abuse or | ||
neglect, for spousal abuse, for a crime against children, or | ||
for a crime involving violence, including rape, sexual assault, | ||
or homicide, but not including other physical assault or | ||
battery, or if there is a felony conviction for physical | ||
assault, battery, or a drug-related offense committed within | ||
the past 5 years. | ||
(v-2) Prior to final approval for placement of a child, the | ||
Department shall check its child abuse and neglect registry for | ||
information concerning prospective foster and adoptive | ||
parents, and any adult living in the home. If any prospective | ||
foster or adoptive parent or other adult living in the home has | ||
resided in another state in the preceding 5 years, the | ||
Department shall request a check of that other state's child | ||
abuse and neglect registry.
| ||
(w) Within 120 days of August 20, 1995 (the effective date | ||
of Public Act
89-392), the Department shall prepare and submit | ||
to the Governor and the
General Assembly, a written plan for | ||
the development of in-state licensed
secure child care | ||
facilities that care for children who are in need of secure
|
living
arrangements for their health, safety, and well-being. | ||
For purposes of this
subsection, secure care facility shall | ||
mean a facility that is designed and
operated to ensure that | ||
all entrances and exits from the facility, a building
or a | ||
distinct part of the building, are under the exclusive control | ||
of the
staff of the facility, whether or not the child has the | ||
freedom of movement
within the perimeter of the facility, | ||
building, or distinct part of the
building. The plan shall | ||
include descriptions of the types of facilities that
are needed | ||
in Illinois; the cost of developing these secure care | ||
facilities;
the estimated number of placements; the potential | ||
cost savings resulting from
the movement of children currently | ||
out-of-state who are projected to be
returned to Illinois; the | ||
necessary geographic distribution of these
facilities in | ||
Illinois; and a proposed timetable for development of such
| ||
facilities. | ||
(Source: P.A. 94-215, eff. 1-1-06; 94-1010, eff. 10-1-06; | ||
95-10, eff. 6-30-07; 95-601, eff. 9-11-07; 95-642, eff. 6-1-08; | ||
95-876, eff. 8-21-08.)
| ||
(20 ILCS 505/5a) (from Ch. 23, par. 5005a)
| ||
Sec. 5a.
Reimbursable services for which the Department of | ||
Children and
Family Services shall pay 100% of the reasonable | ||
cost pursuant to a written
contract negotiated between the | ||
Department and the agency furnishing the
services (which shall | ||
include but not be limited to the determination of
reasonable |
cost, the services being purchased and the duration of the
| ||
agreement) include, but are not limited to:
| ||
SERVICE ACTIVITIES
| ||
Adjunctive Therapy;
| ||
Child Care Service, including day care;
| ||
Clinical Therapy;
| ||
Custodial Service;
| ||
Field Work Students;
| ||
Food Service;
| ||
Normal Education;
| ||
In-Service Training;
| ||
Intake or Evaluation, or both;
| ||
Medical Services;
| ||
Recreation;
| ||
Social Work or Counselling, or both;
| ||
Supportive Staff;
| ||
Volunteers.
| ||
OBJECT EXPENSES
| ||
Professional Fees and Contract Service Payments;
| ||
Supplies;
| ||
Telephone and Telegram;
| ||
Occupancy;
| ||
Local Transportation;
| ||
Equipment and Other Fixed Assets, including amortization
|
of same;
| ||
Miscellaneous.
| ||
ADMINISTRATIVE COSTS
| ||
Program Administration;
| ||
Supervision and Consultation;
| ||
Inspection and Monitoring for purposes of issuing
| ||
licenses;
| ||
Determination of Children who are eligible
| ||
for federal or other reimbursement;
| ||
Postage and Shipping;
| ||
Outside Printing, Artwork, etc.;
| ||
Subscriptions and Reference Publications;
| ||
Management and General Expense.
| ||
Reimbursement of administrative costs other than inspection | ||
and monitoring
for purposes of issuing licenses may not exceed | ||
20% of the costs
for other services.
| ||
The Department may offer services to any child or family | ||
with respect to whom a report of suspected child abuse or | ||
neglect has been called in to the hotline after completion of a | ||
family assessment as provided under subsection (a-5) of Section | ||
7.4 of the Abused and Neglected Child Reporting Act and the | ||
Department has determined that services are needed to address | ||
the safety of the child and other family members and the risk | ||
of subsequent maltreatment. Acceptance of such services shall | ||
be voluntary. |
All Object Expenses, Service Activities and Administrative
| ||
Costs are allowable.
| ||
If a survey instrument is used in the rate setting process:
| ||
(a) with respect to any day care centers, it shall be | ||
limited to those
agencies which receive reimbursement from | ||
the State;
| ||
(b) the cost survey instrument shall be promulgated by | ||
rule;
| ||
(c) any requirements of the respondents shall be | ||
promulgated by rule;
| ||
(d) all screens, limits or other tests of | ||
reasonableness, allowability
and reimbursability shall be | ||
promulgated by rule;
| ||
(e) adjustments may be made by the Department to rates | ||
when it determines
that reported wage and salary levels are | ||
insufficient to attract capable
caregivers in sufficient | ||
numbers.
| ||
The Department of Children and Family Services may pay 100% | ||
of the
reasonable costs of research and valuation
focused | ||
exclusively on services to wards of the Department. Such | ||
research projects must be approved, in advance, by
the Director | ||
of the Department.
| ||
In addition to reimbursements otherwise provided for in | ||
this Section,
the Department of Human Services shall, in | ||
accordance with annual written
agreements, make
advance | ||
quarterly disbursements to local public agencies for child day |
care
services with funds appropriated from the Local Effort Day | ||
Care Fund.
| ||
Neither the Department of Children and Family Services nor | ||
the
Department of Human Services shall pay or approve | ||
reimbursement for
day care in a facility which is operating | ||
without a valid license or permit,
except in the case of day | ||
care homes or day care centers which are exempt from
the | ||
licensing requirements of the "Child Care Act of 1969".
| ||
(Source: P.A. 89-507, eff. 7-1-97 .)
| ||
(20 ILCS 505/9.9) (from Ch. 23, par. 5009.9)
| ||
Sec. 9.9. Review under Administrative Review Law. Any | ||
responsible parent
or guardian affected by a final | ||
administrative decision of the Department
in a hearing, | ||
conducted pursuant to this Act, may have the decision reviewed
| ||
only under and in accordance with the Administrative Review Law | ||
as amended.
The provisions of the Administrative Review Law, | ||
and the rules adopted pursuant
thereto, shall apply to and | ||
govern all proceedings for the judicial review
of such final | ||
administrative decisions of the Department. The term | ||
"administrative
decision", is defined as in Section 3-101 of | ||
the Code of Civil Procedure.
| ||
Review of a final administrative decision under the | ||
Administrative Review Law is not applicable to a decision to | ||
conduct a family assessment as provided under subsection (a-5) | ||
of Section 7.4 of the Abused and Neglected Child Reporting Act |
because no determination concerning child abuse or neglect is | ||
made and nothing is reported to the central register. | ||
Appeals from all final orders and judgments entered by a | ||
court upon review
of the Department's orders in any case may be | ||
taken by either party to the
proceeding and shall be governed | ||
by the rules applicable to appeals in civil cases.
| ||
The remedy herein provided for appeal shall be exclusive, | ||
and no court
shall have jurisdiction to review the subject | ||
matter of any order made by
the Department except as herein | ||
provided.
| ||
(Source: P.A. 83-1037.)
| ||
Section 10. The Abused and Neglected Child Reporting Act is | ||
amended by changing Sections 7.4 and 11.6 as follows:
| ||
(325 ILCS 5/7.4) (from Ch. 23, par. 2057.4)
| ||
Sec. 7.4. (a) The Department shall be capable of receiving | ||
reports of
suspected child abuse or neglect 24 hours a day, 7 | ||
days a week. Whenever
the Department receives a report alleging | ||
that a child is a
truant as defined in Section 26-2a of The | ||
School Code, as now or hereafter
amended, the Department shall | ||
notify the superintendent of the school
district in which the | ||
child resides and the appropriate superintendent of
the | ||
educational service region. The notification to the | ||
appropriate
officials by the Department shall not be considered | ||
an allegation of abuse
or neglect under this Act.
|
(a-5) Beginning January 1, 2010, the Department of Children | ||
and Family Services may implement a 5-year demonstration of a | ||
"differential response program" in accordance with criteria, | ||
standards, and procedures prescribed by rule. The program may | ||
provide that, upon receiving a report, the Department shall | ||
determine whether to conduct a family assessment or an | ||
investigation as appropriate to prevent or provide a remedy for | ||
child abuse or neglect. | ||
For purposes of this subsection (a-5), "family assessment" | ||
means a comprehensive assessment of child safety, risk of | ||
subsequent child maltreatment, and family strengths and needs | ||
that is applied to a child maltreatment report that does not | ||
allege substantial child endangerment. "Family assessment" | ||
does not include a determination as to whether child | ||
maltreatment occurred but does determine the need for services | ||
to address the safety of family members and the risk of | ||
subsequent maltreatment. | ||
For purposes of this subsection (a-5), "investigation" | ||
means fact-gathering related to the current safety of a child | ||
and the risk of subsequent abuse or neglect that determines | ||
whether a report of suspected child abuse or neglect should be | ||
indicated or unfounded and whether child protective services | ||
are needed. | ||
Under the "differential response program" implemented | ||
under this subsection (a-5), the Department: | ||
(1) Shall conduct an investigation on reports |
involving substantial child abuse or neglect. | ||
(2) Shall begin an immediate investigation if, at any | ||
time when it is using a family assessment response, it | ||
determines that there is reason to believe that substantial | ||
child abuse or neglect or a serious threat to the child's | ||
safety exists. | ||
(3) May conduct a family assessment for reports that do | ||
not allege substantial child endangerment. In determining | ||
that a family assessment is appropriate, the Department may | ||
consider issues including, but not limited to, child | ||
safety, parental cooperation, and the need for an immediate | ||
response. | ||
(4) Shall promulgate criteria, standards, and | ||
procedures that shall be applied in making this | ||
determination, taking into consideration the Child | ||
Endangerment Risk Assessment Protocol of the Department. | ||
(5) May conduct a family assessment on a report that | ||
was initially screened and assigned for an investigation. | ||
In determining that a complete investigation is not | ||
required, the Department must document the reason for | ||
terminating the investigation and notify the local law | ||
enforcement agency or the Department of State Police if the | ||
local law enforcement agency or Department of State Police is | ||
conducting a joint investigation. | ||
Once it is determined that a "family assessment" will be | ||
implemented, the case shall not be reported to the central |
register of abuse and neglect reports. | ||
During a family assessment, the Department shall collect | ||
any available and relevant information to determine child | ||
safety, risk of subsequent abuse or neglect, and family | ||
strengths. | ||
Information collected includes, but is not limited to, when | ||
relevant: information with regard to the person reporting the | ||
alleged abuse or neglect, including the nature of the | ||
reporter's relationship to the child and to the alleged | ||
offender, and the basis of the reporter's knowledge for the | ||
report; the child allegedly being abused or neglected; the | ||
alleged offender; the child's caretaker; and other collateral | ||
sources having relevant information related to the alleged | ||
abuse or neglect. Information relevant to the assessment must | ||
be asked for, and may include: | ||
(A) The child's sex and age, prior reports of abuse or | ||
neglect, information relating to developmental | ||
functioning, credibility of the child's statement, and | ||
whether the information provided under this paragraph (A) | ||
is consistent with other information collected during the | ||
course of the assessment or investigation. | ||
(B) The alleged offender's age, a record check for | ||
prior reports of abuse or neglect, and criminal charges and | ||
convictions. The alleged offender may submit supporting | ||
documentation relevant to the assessment. | ||
(C) Collateral source information regarding the |
alleged abuse or neglect and care of the child. Collateral | ||
information includes, when relevant: (i) a medical | ||
examination of the child; (ii) prior medical records | ||
relating to the alleged maltreatment or care of the child | ||
maintained by any facility, clinic, or health care | ||
professional, and an interview with the treating | ||
professionals; and (iii) interviews with the child's | ||
caretakers, including the child's parent, guardian, foster | ||
parent, child care provider, teachers, counselors, family | ||
members, relatives, and other persons who may have | ||
knowledge regarding the alleged maltreatment and the care | ||
of the child. | ||
(D) Information on the existence of domestic abuse and | ||
violence in the home of the child, and substance abuse. | ||
Nothing in this subsection (a-5) precludes the Department | ||
from collecting other relevant information necessary to | ||
conduct the assessment or investigation. Nothing in this | ||
subsection (a-5) shall be construed to allow the name or | ||
identity of a reporter to be disclosed in violation of the | ||
protections afforded under Section 7.19 of this Act. | ||
After conducting the family assessment, the Department | ||
shall determine whether services are needed to address the | ||
safety of the child and other family members and the risk of | ||
subsequent abuse or neglect. | ||
Upon completion of the family assessment, if the Department | ||
concludes that no services shall be offered, then the case |
shall be closed. If the Department concludes that services | ||
shall be offered, the Department shall develop a family | ||
preservation plan and offer or refer services to the family. | ||
At any time during a family assessment, if the Department | ||
believes there is any reason to stop the assessment and conduct | ||
an investigation based on the information discovered, the | ||
Department shall do so. | ||
The procedures available to the Department in conducting | ||
investigations under this Act shall be followed as appropriate | ||
during a family assessment. | ||
The Department shall arrange for an independent evaluation | ||
of the "differential response program" authorized and | ||
implemented under this subsection (a-5) to determine whether it | ||
is meeting the goals in accordance with Section 2 of this Act. | ||
The Department may adopt administrative rules necessary for the | ||
execution of this Section, in accordance with Section 4 of the | ||
Children and Family Services Act. | ||
The demonstration conducted under this subsection (a-5) | ||
shall become a permanent program on January 1, 2015, upon | ||
completion of the demonstration project period.
| ||
(b) (1) The following procedures shall be followed in the | ||
investigation
of all reports of suspected abuse or neglect | ||
of a child, except as provided
in subsection (c) of this | ||
Section.
| ||
(2) If , during a family assessment authorized by | ||
subsection (a-5) or an investigation, it appears that the |
immediate safety or well-being of a child is
endangered, | ||
that the family may flee or the child disappear, or that | ||
the
facts otherwise so warrant, the Child Protective | ||
Service Unit shall
commence an investigation immediately, | ||
regardless of the time of day or
night. All other | ||
investigations In all other cases, investigation shall be | ||
commenced within 24
hours of receipt of the report. Upon | ||
receipt of a report, the Child
Protective Service Unit | ||
shall conduct a family assessment authorized by subsection | ||
(a-5) or begin make an initial investigation and make an | ||
initial
determination whether the report is a good faith | ||
indication of alleged
child abuse or neglect.
| ||
(3) Based on an initial investigation, if If the Unit | ||
determines the report is a good faith
indication of alleged | ||
child abuse or neglect, then a formal investigation
shall | ||
commence and, pursuant to Section 7.12 of this Act, may or | ||
may not
result in an indicated report. The formal | ||
investigation shall include:
direct contact with the | ||
subject or subjects of the report as soon as
possible after | ||
the report is received; an
evaluation of the environment of | ||
the child named in the report and any other
children in the | ||
same environment; a determination of the risk to such
| ||
children if they continue to remain in the existing | ||
environments, as well
as a determination of the nature, | ||
extent and cause of any condition
enumerated in such | ||
report; the name, age and condition of other children in
|
the environment; and an evaluation as to whether there | ||
would be an
immediate and urgent necessity to remove the | ||
child from the environment if
appropriate family | ||
preservation services were provided. After seeing to
the | ||
safety of the child or children, the Department shall
| ||
forthwith notify the subjects of the report in writing, of | ||
the existence
of the report and their rights existing under | ||
this Act in regard to amendment
or expungement. To fulfill | ||
the requirements of this Section, the Child
Protective | ||
Service Unit shall have the capability of providing or | ||
arranging
for comprehensive emergency services to children | ||
and families at all times
of the day or night.
| ||
(4) If (i) at the conclusion of the Unit's initial | ||
investigation of a
report, the Unit determines the report | ||
to be a good faith indication of
alleged child abuse or | ||
neglect that warrants a formal investigation by
the Unit, | ||
the Department, any law enforcement agency or any other
| ||
responsible agency and (ii) the person who is alleged to | ||
have caused the
abuse or neglect is employed or otherwise | ||
engaged in an activity resulting
in frequent contact with | ||
children and the alleged abuse or neglect are in
the course | ||
of such employment or activity, then the Department shall,
| ||
except in investigations where the Director determines | ||
that such
notification would be detrimental to the | ||
Department's investigation, inform
the appropriate | ||
supervisor or administrator of that employment or activity
|
that the Unit has commenced a formal investigation pursuant | ||
to this Act,
which may or may not result in an indicated | ||
report. The Department shall also
notify the person being | ||
investigated, unless the Director determines that
such | ||
notification would be detrimental to the Department's | ||
investigation.
| ||
(c) In an investigation of a report of suspected abuse or | ||
neglect of
a child by a school employee at a school or on | ||
school grounds, the
Department shall make reasonable efforts to | ||
follow the following procedures:
| ||
(1) Investigations involving teachers shall not, to | ||
the extent possible,
be conducted when the teacher is | ||
scheduled to conduct classes.
Investigations involving | ||
other school employees shall be conducted so as to
minimize | ||
disruption of the school day. The school employee accused | ||
of
child abuse or neglect may have his superior, his | ||
association or union
representative and his attorney | ||
present at any interview or meeting at
which the teacher or | ||
administrator is present. The accused school employee
| ||
shall be informed by a representative of the Department, at | ||
any
interview or meeting, of the accused school employee's | ||
due process rights
and of the steps in the investigation | ||
process.
The information shall include, but need not | ||
necessarily be limited to the
right, subject to the | ||
approval of the Department, of the school employee to
| ||
confront the accuser, if the accuser is 14 years of age or |
older, or the
right to review the specific allegations | ||
which gave rise to the
investigation, and the right to | ||
review all materials and evidence that have
been submitted | ||
to the Department in support of the allegation. These due
| ||
process rights shall also include the right of the school | ||
employee to
present countervailing evidence regarding the | ||
accusations.
| ||
(2) If a report of neglect or abuse of a child by a | ||
teacher or
administrator does not involve allegations of | ||
sexual abuse or extreme
physical abuse, the Child | ||
Protective Service Unit shall make reasonable
efforts to | ||
conduct the initial investigation in coordination with the
| ||
employee's supervisor.
| ||
If the Unit determines that the report is a good faith | ||
indication of
potential child abuse or neglect, it shall | ||
then commence a formal
investigation under paragraph (3) of | ||
subsection (b) of this Section.
| ||
(3) If a report of neglect or abuse of a child by a | ||
teacher or
administrator involves an allegation of sexual | ||
abuse or extreme physical
abuse, the Child Protective Unit | ||
shall commence an investigation under
paragraph (2) of | ||
subsection (b) of this Section.
| ||
(c-5) In any instance in which a report is made or caused | ||
to made by a school district employee involving the conduct of | ||
a person employed by the school district, at the time the | ||
report was made, as required under Section 4 of this Act, the |
Child Protective Service Unit shall send a copy of its final | ||
finding report to the general superintendent of that school | ||
district.
| ||
(d) If the Department has contact with an employer, or with | ||
a religious
institution or religious official having | ||
supervisory or hierarchical authority
over a member of the | ||
clergy accused of the abuse of a child,
in the course of its
| ||
investigation, the Department shall notify the employer or the | ||
religious
institution or religious official, in writing, when a
| ||
report is unfounded so that any record of the investigation can | ||
be expunged
from the employee's or member of the clergy's | ||
personnel or other
records. The Department shall also notify
| ||
the employee or the member of the clergy, in writing, that | ||
notification
has been sent to the employer or to the | ||
appropriate religious institution or
religious official
| ||
informing the employer or religious institution or religious | ||
official that
the
Department's investigation has resulted in
an | ||
unfounded report.
| ||
(e) Upon request by the Department, the
Department of State | ||
Police and law enforcement agencies are
authorized to provide | ||
criminal history record information
as defined in the Illinois | ||
Uniform Conviction Information Act and information
maintained | ||
in
the adjudicatory and dispositional record system as defined | ||
in Section
2605-355 of the Department of State Police Law (20 | ||
ILCS
2605/2605-355) to properly
designated
employees of the
| ||
Department of Children
and Family Services if the Department |
determines the information is
necessary to perform its duties | ||
under the Abused and
Neglected Child Reporting Act, the Child | ||
Care Act of 1969, and the Children and
Family Services Act. The
| ||
request shall be in the form and manner required
by
the | ||
Department of State Police. Any information obtained by the | ||
Department of
Children
and Family Services under this Section | ||
is
confidential and may not be transmitted outside the | ||
Department of Children
and Family Services other than to a | ||
court of competent jurisdiction or unless
otherwise authorized | ||
by law.
Any employee of the Department of Children and Family | ||
Services who transmits
confidential information in
violation | ||
of this
Section or causes the information to be
transmitted in | ||
violation of this Section is guilty of a Class A
misdemeanor | ||
unless the transmittal of
the
information is
authorized by this | ||
Section or otherwise authorized by law.
| ||
(Source: P.A. 95-908, eff. 8-26-08.)
| ||
(325 ILCS 5/11.6) (from Ch. 23, par. 2061.6)
| ||
Sec. 11.6.
All final administrative decisions of the | ||
Department under
this Act are subject to judicial review
under | ||
the Administrative Review Law, as now or hereafter amended,
and | ||
the rules adopted pursuant thereto.
The term "administrative | ||
decision" is defined as in Section 3-101 of the
Code of Civil | ||
Procedure. | ||
Review of a final administrative decision under the | ||
Administrative Review Law is not applicable to a decision to |
conduct a family assessment under subsection (a-5) of Section | ||
7.4 because no determination concerning child abuse or neglect | ||
is made and nothing is reported to the central register.
| ||
(Source: P.A. 82-783.)
|