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HB5688 Enrolled |
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LRB096 18458 KTG 35770 b |
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| AN ACT concerning State government.
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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 |
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| by changing Section 5 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 |
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| Children and Family
Services. To provide direct child welfare |
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| services when not available
through other public or private |
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| 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 |
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| are under the
age of 18 years. The term also includes |
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| persons under age 21 who:
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| (A) were committed to the Department pursuant to |
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| the
Juvenile Court Act or the Juvenile Court Act of |
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| 1987, as amended, prior to
the age of 18 and who |
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| 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 |
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| interest in the
discretion of the Department would be |
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| served by continuing that care,
service and training |
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| because of severe emotional disturbances, physical
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| disability, social adjustment or any combination |
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| thereof, or because of the
need to complete an |
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| 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 |
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| stable living
situation and cannot be reunited with their |
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| families.
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| (3) "Child welfare services" means public social |
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| services which are
directed toward the accomplishment of |
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| the following purposes:
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| (A) protecting and promoting the health, safety |
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| and welfare of
children,
including homeless, dependent |
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| or neglected children;
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| (B) remedying, or assisting in the solution
of |
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| problems which may result in, the neglect, abuse, |
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| exploitation or
delinquency of children;
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| (C) preventing the unnecessary separation of |
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| children
from their families by identifying family |
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| problems, assisting families in
resolving their |
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| problems, and preventing the breakup of the family
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| where the prevention of child removal is desirable and |
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| possible when the
child can be cared for at home |
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| without endangering the child's health and
safety;
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| (D) restoring to their families children who have |
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| been
removed, by the provision of services to the child |
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| and the families when the
child can be cared for at |
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| home without endangering the child's health and
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| safety;
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| (E) placing children in suitable adoptive homes, |
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| in
cases where restoration to the biological family is |
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| not safe, possible or
appropriate;
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| (F) assuring safe and adequate care of children |
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| away from their
homes, in cases where the child cannot |
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| be returned home or cannot be placed
for adoption. At |
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| the time of placement, the Department shall consider
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| concurrent planning,
as described in subsection (l-1) |
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| of this Section so that permanency may
occur at the |
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| earliest opportunity. Consideration should be given so |
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| that if
reunification fails or is delayed, the |
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| placement made is the best available
placement to |
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| 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 |
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| that provide
separate living quarters for children |
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| under the age of 18 and for children
18 years of age |
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| and older, unless a child 18 years of age is in the |
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| last
year of high school education or vocational |
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| training, in an approved
individual or group treatment |
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| program, in a licensed shelter facility,
or secure |
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| child care facility.
The Department is not required to |
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| 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 |
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| disability, as defined in
the Mental
Health and |
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| Developmental Disabilities Code, or
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| (iii) who are female children who are |
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| pregnant, pregnant and
parenting or parenting, or
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| (iv) who are siblings, in facilities that |
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| provide separate living quarters for children 18
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| years of age and older and for children under 18 |
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| years of age.
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| (b) Nothing in this Section shall be construed to authorize |
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| the
expenditure of public funds for the purpose of performing |
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| abortions.
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| (c) The Department shall establish and maintain |
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| tax-supported child
welfare services and extend and seek to |
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| improve voluntary services
throughout the State, to the end |
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| that services and care shall be available
on an equal basis |
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| throughout the State to children requiring such services.
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| (d) The Director may authorize advance disbursements for |
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| any new program
initiative to any agency contracting with the |
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| Department. As a
prerequisite for an advance disbursement, the |
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| contractor must post a
surety bond in the amount of the advance |
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| disbursement and have a
purchase of service contract approved |
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| by the Department. The Department
may pay up to 2 months |
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| operational expenses in advance. The amount of the
advance |
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| disbursement shall be prorated over the life of the contract
or |
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| the remaining months of the fiscal year, whichever is less, and |
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| the
installment amount shall then be deducted from future |
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| bills. Advance
disbursement authorizations for new initiatives |
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| shall not be made to any
agency after that agency has operated |
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| during 2 consecutive fiscal years.
The requirements of this |
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| Section concerning advance disbursements shall
not apply with |
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| respect to the following: payments to local public agencies
for |
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| child day care services as authorized by Section 5a of this |
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| Act; and
youth service programs receiving grant funds under |
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| 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 |
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| concerning
its operation of programs designed to meet the goals |
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| of child safety and
protection,
family preservation, family |
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| 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 |
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| Act or
Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile |
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LRB096 18458 KTG 35770 b |
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| Court Act of 1987 in
accordance with the federal Adoption |
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| 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 |
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| include
provisions for training Department staff and the staff |
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| of Department
grantees, through contracts with other agencies |
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| or resources, in alcohol
and drug abuse screening techniques |
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| approved by the Department of Human
Services, as a successor to |
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| the Department of Alcoholism and Substance Abuse,
for the |
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| purpose of identifying children and adults who
should be |
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| 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 |
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| program or
facility within or available to the Department for a |
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| ward and that no
licensed private facility has an adequate and |
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| appropriate program or none
agrees to accept the ward, the |
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| Department shall create an appropriate
individualized, |
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| program-oriented plan for such ward. The
plan may be developed |
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| within the Department or through purchase of services
by the |
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| Department to the extent that it is within its statutory |
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| authority
to do.
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| (i) Service programs shall be available throughout the |
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| State and shall
include but not be limited to the following |
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| services:
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| (1) case management;
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| (2) homemakers;
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LRB096 18458 KTG 35770 b |
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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 |
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| 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 |
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| services it
makes available to children or families or for |
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| which it refers children
or families.
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| (j) The Department may provide categories of financial |
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| assistance and
education assistance grants, and shall
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| establish rules and regulations concerning the assistance and |
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| grants, to
persons who
adopt physically or mentally |
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| handicapped, older and other hard-to-place
children who (i) |
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| immediately prior to their adoption were legal wards of
the |
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| Department
or (ii) were determined eligible for financial |
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| assistance with respect to a
prior adoption and who become |
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| available for adoption because the
prior adoption has been |
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| dissolved and the parental rights of the adoptive
parents have |
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| been
terminated or because the child's adoptive parents have |
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| died.
The Department may continue to provide financial |
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| assistance and education assistance grants for a child who was |
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| determined eligible for financial assistance under this |
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| subsection (j) in the interim period beginning when the child's |
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| adoptive parents died and ending with the finalization of the |
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| new adoption of the child by another adoptive parent or |
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| parents. The Department may also provide categories of |
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| financial
assistance and education assistance grants, and
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| shall establish rules and regulations for the assistance and |
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| grants, to persons
appointed guardian of the person under |
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| Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, |
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| 4-25 or 5-740 of the Juvenile Court Act of 1987
for children |
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| 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 |
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| of the child
and the adoptive parents,
as set forth in the |
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| annual
assistance agreement. Special purpose grants are |
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| allowed where the child
requires special service but such costs |
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| may not exceed the amounts
which similar services would cost |
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| the Department if it were to provide or
secure them as guardian |
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| 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, |
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| garnishment, or any
other remedy for recovery or collection of |
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| a judgment or debt.
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| (j-5) The Department shall not deny or delay the placement |
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| of a child for
adoption
if an approved family is available |
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| either outside of the Department region
handling the case,
or |
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LRB096 18458 KTG 35770 b |
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| outside of the State of Illinois.
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| (k) The Department shall accept for care and training any |
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| child who has
been adjudicated neglected or abused, or |
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| dependent committed to it pursuant
to the Juvenile Court Act or |
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| the Juvenile Court Act of 1987.
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| (l) The Department shall
offer family preservation |
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| services, as defined in Section 8.2 of the Abused
and
Neglected |
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| Child
Reporting Act, to help families, including adoptive and |
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| extended families.
Family preservation
services shall be |
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| offered (i) to prevent the
placement
of children in
substitute |
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| care when the children can be cared for at home or in the |
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| custody of
the person
responsible for the children's welfare,
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| (ii) to
reunite children with their families, or (iii) to
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| maintain an adoptive placement. Family preservation services |
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| shall only be
offered when doing so will not endanger the |
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| children's health or safety. With
respect to children who are |
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| in substitute care pursuant to the Juvenile Court
Act of 1987, |
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| family preservation services shall not be offered if a goal |
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| other
than those of subdivisions (A), (B), or (B-1) of |
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| 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 |
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| private right of
action or claim on the part of any individual |
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| or child welfare agency, except that when a child is the |
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| subject of an action under Article II of the Juvenile Court Act |
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| of 1987 and the child's service plan calls for services to |
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| facilitate achievement of the permanency goal, the court |
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| hearing the action under Article II of the Juvenile Court Act |
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| of 1987 may order the Department to provide the services set |
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| out in the plan, if those services are not provided with |
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| reasonable promptness and if those services are available.
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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 |
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| preservation services as
identified in the service plan. The |
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| child and his family shall be eligible
for services as soon as |
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| the report is determined to be "indicated". The
Department may |
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| 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, |
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| prior to
concluding its investigation under Section 7.12 of the |
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| Abused and Neglected
Child Reporting Act. However, the child's |
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| or family's willingness to
accept services shall not be |
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| considered in the investigation. The
Department may also |
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| provide services to any child or family who is the
subject of |
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| any report of suspected child abuse or neglect or may refer |
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| such
child or family to services available from other agencies |
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| in the community,
even if the report is determined to be |
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| unfounded, if the conditions in the
child's or family's home |
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| are reasonably likely to subject the child or
family to future |
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| reports of suspected child abuse or neglect. Acceptance
of such |
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| services shall be voluntary. The Department may also provide |
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| services to any child or family after completion of a family |
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| assessment, as an alternative to an investigation, as provided |
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| under the "differential response program" provided for in |
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| subsection (a-5) of Section 7.4 of the Abused and Neglected |
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| Child Reporting Act.
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| The Department may, at its discretion except for those |
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| children also
adjudicated neglected or dependent, accept for |
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| care and training any child
who has been adjudicated addicted, |
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| as a truant minor in need of
supervision or as a minor |
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| requiring authoritative intervention, under the
Juvenile Court |
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| Act or the Juvenile Court Act of 1987, but no such child
shall |
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| be committed to the Department by any court without the |
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| approval of
the Department. A minor charged with a criminal |
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| offense under the Criminal
Code of 1961 or adjudicated |
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| delinquent shall not be placed in the custody of or
committed |
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| to the Department by any court, except (i) a minor less than 15 |
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| years
of age committed to the Department under Section 5-710 of |
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| the Juvenile Court
Act
of 1987, (ii) a minor for whom an |
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| independent basis of abuse, neglect, or dependency exists, |
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| which must be defined by departmental rule, or (iii) a minor |
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| for whom the court has granted a supplemental petition to |
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| reinstate wardship pursuant to subsection (2) of Section 2-33 |
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| of the Juvenile Court Act of 1987. An independent basis exists |
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| when the allegations or adjudication of abuse, neglect, or |
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| dependency do not arise from the same facts, incident, or |
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| circumstances which give rise to a charge or adjudication of |
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| delinquency.
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| As soon as is possible after August 7, 2009 ( the effective |
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| date of Public Act 96-134) this amendatory Act of the 96th |
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HB5688 Enrolled |
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LRB096 18458 KTG 35770 b |
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| General Assembly , the Department shall develop and implement a |
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| special program of family preservation services to support |
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| intact, foster, and adoptive families who are experiencing |
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| extreme hardships due to the difficulty and stress of caring |
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| for a child who has been diagnosed with a pervasive |
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| developmental disorder if the Department determines that those |
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| services are necessary to ensure the health and safety of the |
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| child. The Department may offer services to any family whether |
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| or not a report has been filed under the Abused and Neglected |
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| Child Reporting Act. The Department may refer the child or |
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| family to services available from other agencies in the |
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| community if the conditions in the child's or family's home are |
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| reasonably likely to subject the child or family to future |
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| reports of suspected child abuse or neglect. Acceptance of |
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| these services shall be voluntary. The Department shall develop |
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| and implement a public information campaign to alert health and |
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| social service providers and the general public about these |
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| special family preservation services. The nature and scope of |
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| the services offered and the number of families served under |
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| the special program implemented under this paragraph shall be |
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| determined by the level of funding that the Department annually |
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| allocates for this purpose. The term "pervasive developmental |
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| disorder" under this paragraph means a neurological condition, |
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| including but not limited to, Asperger's Syndrome and autism, |
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| as defined in the most recent edition of the Diagnostic and |
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| Statistical Manual of Mental Disorders of the American |
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| Psychiatric Association. |
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| (l-1) The legislature recognizes that the best interests of |
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| the child
require that
the child be placed in the most |
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| permanent living arrangement as soon as is
practically
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| possible. To achieve this goal, the legislature directs the |
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| Department of
Children and
Family Services to conduct |
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| concurrent planning so that permanency may occur at
the
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| earliest opportunity. Permanent living arrangements may |
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| include prevention of
placement of a child outside the home of |
10 |
| the family when the child can be cared
for at
home without |
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| endangering the child's health or safety; reunification with |
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| the
family,
when safe and appropriate, if temporary placement |
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| is necessary; or movement of
the child
toward the most |
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| permanent living arrangement and permanent legal status.
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| When determining reasonable efforts to be made with respect |
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| to a child, as
described in this
subsection, and in making such |
17 |
| 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 |
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| ensure and
document that reasonable efforts were made to |
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| prevent or eliminate the need to
remove the child from the |
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| child's home. The Department must make
reasonable efforts to |
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| reunify the family when temporary placement of the child
occurs
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| unless otherwise required, pursuant to the Juvenile Court Act |
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| of 1987.
At any time after the dispositional hearing where the |
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| Department believes
that further reunification services would |
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LRB096 18458 KTG 35770 b |
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| be ineffective, it may request a
finding from the court that |
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| reasonable efforts are no longer appropriate. The
Department is |
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| not required to provide further reunification services after |
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| such
a
finding.
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| A decision to place a child in substitute care shall be |
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| made with
considerations of the child's health, safety, and |
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| best interests. At the
time of placement, consideration should |
8 |
| also be given so that if reunification
fails or is delayed, the |
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| placement made is the best available placement to
provide |
10 |
| permanency for the child.
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| The Department shall adopt rules addressing concurrent |
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| planning for
reunification and permanency. The Department |
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| shall consider the following
factors when determining |
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| 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 |
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| 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 |
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| family to reunite;
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| (6) the willingness and ability of the foster family to |
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| 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 |
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LRB096 18458 KTG 35770 b |
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| child if:
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| (1) it has received a written consent to such temporary |
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| custody
signed by the parents of the child or by the parent |
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| having custody of the
child if the parents are not living |
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| together or by the guardian or
custodian of the child if |
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| 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 |
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| 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, |
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| guardian,
custodian or responsible caretaker, the Department |
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| may, instead of removing
the child and assuming temporary |
12 |
| custody, place an authorized
representative of the Department |
13 |
| in that residence until such time as a
parent, guardian or |
14 |
| custodian enters the home and expresses a willingness
and |
15 |
| apparent ability to ensure the child's health and safety and |
16 |
| resume
permanent
charge of the child, or until a
relative |
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| enters the home and is willing and able to ensure the child's |
18 |
| health
and
safety and assume charge of the
child until a |
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| parent, guardian or custodian enters the home and expresses
|
20 |
| such willingness and ability to ensure the child's safety and |
21 |
| resume
permanent charge. After a caretaker has remained in the |
22 |
| home for a period not
to exceed 12 hours, the Department must |
23 |
| follow those procedures outlined in
Section 2-9, 3-11, 4-8, or |
24 |
| 5-415 of the Juvenile Court Act
of 1987.
|
25 |
| The Department shall have the authority, responsibilities |
26 |
| and duties that
a legal custodian of the child would have |
|
|
|
HB5688 Enrolled |
- 16 - |
LRB096 18458 KTG 35770 b |
|
|
1 |
| pursuant to subsection (9) of
Section 1-3 of the Juvenile Court |
2 |
| Act of 1987. Whenever a child is taken
into temporary custody |
3 |
| pursuant to an investigation under the Abused and
Neglected |
4 |
| Child Reporting Act, or pursuant to a referral and acceptance
|
5 |
| under the Juvenile Court Act of 1987 of a minor in limited |
6 |
| custody, the
Department, during the period of temporary custody |
7 |
| and before the child
is brought before a judicial officer as |
8 |
| required by Section 2-9, 3-11,
4-8, or 5-415 of the Juvenile |
9 |
| Court Act of 1987, shall have
the authority, responsibilities |
10 |
| and duties that a legal custodian of the child
would have under |
11 |
| subsection (9) of Section 1-3 of the Juvenile Court Act of
|
12 |
| 1987.
|
13 |
| The Department shall ensure that any child taken into |
14 |
| custody
is scheduled for an appointment for a medical |
15 |
| examination.
|
16 |
| A parent, guardian or custodian of a child in the temporary |
17 |
| custody of the
Department who would have custody of the child |
18 |
| if he were not in the
temporary custody of the Department may |
19 |
| deliver to the Department a signed
request that the Department |
20 |
| surrender the temporary custody of the child.
The Department |
21 |
| may retain temporary custody of the child for 10 days after
the |
22 |
| receipt of the request, during which period the Department may |
23 |
| cause to
be filed a petition pursuant to the Juvenile Court Act |
24 |
| of 1987. If a
petition is so filed, the Department shall retain |
25 |
| temporary custody of the
child until the court orders |
26 |
| otherwise. If a petition is not filed within
the 10 day period, |
|
|
|
HB5688 Enrolled |
- 17 - |
LRB096 18458 KTG 35770 b |
|
|
1 |
| the child shall be surrendered to the custody of the
requesting |
2 |
| parent, guardian or custodian not later than the expiration of
|
3 |
| the 10 day period, at which time the authority and duties of |
4 |
| the Department
with respect to the temporary custody of the |
5 |
| child shall terminate.
|
6 |
| (m-1) The Department may place children under 18 years of |
7 |
| age in a secure
child care facility licensed by the Department |
8 |
| that cares for children who are
in need of secure living |
9 |
| arrangements for their health, safety, and well-being
after a |
10 |
| determination is made by the facility director and the Director |
11 |
| or the
Director's designate prior to admission to the facility |
12 |
| subject to Section
2-27.1 of the Juvenile Court Act of 1987. |
13 |
| This subsection (m-1) does not apply
to a child who is subject |
14 |
| to placement in a correctional facility operated
pursuant to |
15 |
| Section 3-15-2 of the Unified Code of Corrections, unless the
|
16 |
| child is a ward who was placed under the care of the Department |
17 |
| before being
subject to placement in a correctional facility |
18 |
| and a court of competent
jurisdiction has ordered placement of |
19 |
| the child in a secure care facility.
|
20 |
| (n) The Department may place children under 18 years of age |
21 |
| in
licensed child care facilities when in the opinion of the |
22 |
| Department,
appropriate services aimed at family preservation |
23 |
| have been unsuccessful and
cannot ensure the child's health and |
24 |
| safety or are unavailable and such
placement would be for their |
25 |
| best interest. Payment
for board, clothing, care, training and |
26 |
| supervision of any child placed in
a licensed child care |
|
|
|
HB5688 Enrolled |
- 18 - |
LRB096 18458 KTG 35770 b |
|
|
1 |
| facility may be made by the Department, by the
parents or |
2 |
| guardians of the estates of those children, or by both the
|
3 |
| Department and the parents or guardians, except that no |
4 |
| payments shall be
made by the Department for any child placed |
5 |
| in a licensed child care
facility for board, clothing, care, |
6 |
| training and supervision of such a
child that exceed the |
7 |
| average per capita cost of maintaining and of caring
for a |
8 |
| child in institutions for dependent or neglected children |
9 |
| operated by
the Department. However, such restriction on |
10 |
| payments does not apply in
cases where children require |
11 |
| specialized care and treatment for problems of
severe emotional |
12 |
| disturbance, physical disability, social adjustment, or
any |
13 |
| combination thereof and suitable facilities for the placement |
14 |
| of such
children are not available at payment rates within the |
15 |
| limitations set
forth in this Section. All reimbursements for |
16 |
| services delivered shall be
absolutely inalienable by |
17 |
| assignment, sale, attachment, garnishment or
otherwise.
|
18 |
| (n-1) The Department shall provide or authorize child |
19 |
| welfare services, aimed at assisting minors to achieve |
20 |
| sustainable self-sufficiency as independent adults, for any |
21 |
| minor eligible for the reinstatement of wardship pursuant to |
22 |
| subsection (2) of Section 2-33 of the Juvenile Court Act of |
23 |
| 1987, whether or not such reinstatement is sought or allowed, |
24 |
| provided that the minor consents to such services and has not |
25 |
| yet attained the age of 21. The Department shall have |
26 |
| responsibility for the development and delivery of services |
|
|
|
HB5688 Enrolled |
- 19 - |
LRB096 18458 KTG 35770 b |
|
|
1 |
| under this Section. An eligible youth may access services under |
2 |
| this Section through the Department of Children and Family |
3 |
| Services or by referral from the Department of Human Services. |
4 |
| Youth participating in services under this Section shall |
5 |
| cooperate with the assigned case manager in developing an |
6 |
| agreement identifying the services to be provided and how the |
7 |
| youth will increase skills to achieve self-sufficiency. A |
8 |
| homeless shelter is not considered appropriate housing for any |
9 |
| youth receiving child welfare services under this Section. The |
10 |
| Department shall continue child welfare services under this |
11 |
| Section to any eligible minor until the minor becomes 21 years |
12 |
| of age, no longer consents to participate, or achieves |
13 |
| self-sufficiency as identified in the minor's service plan. The |
14 |
| Department of Children and Family Services shall create clear, |
15 |
| readable notice of the rights of former foster youth to child |
16 |
| welfare services under this Section and how such services may |
17 |
| be obtained. The Department of Children and Family Services and |
18 |
| the Department of Human Services shall disseminate this |
19 |
| information statewide. The Department shall adopt regulations |
20 |
| describing services intended to assist minors in achieving |
21 |
| sustainable self-sufficiency as independent adults. |
22 |
| (o) The Department shall establish an administrative |
23 |
| review and appeal
process for children and families who request |
24 |
| or receive child welfare
services from the Department. Children |
25 |
| who are wards of the Department and
are placed by private child |
26 |
| welfare agencies, and foster families with whom
those children |
|
|
|
HB5688 Enrolled |
- 20 - |
LRB096 18458 KTG 35770 b |
|
|
1 |
| are placed, shall be afforded the same procedural and appeal
|
2 |
| rights as children and families in the case of placement by the |
3 |
| Department,
including the right to an initial review of a |
4 |
| private agency decision by
that agency. The Department shall |
5 |
| insure that any private child welfare
agency, which accepts |
6 |
| wards of the Department for placement, affords those
rights to |
7 |
| children and foster families. The Department shall accept for
|
8 |
| administrative review and an appeal hearing a complaint made by |
9 |
| (i) a child
or foster family concerning a decision following an |
10 |
| initial review by a
private child welfare agency or (ii) a |
11 |
| prospective adoptive parent who alleges
a violation of |
12 |
| subsection (j-5) of this Section. An appeal of a decision
|
13 |
| concerning a change in the placement of a child shall be |
14 |
| conducted in an
expedited manner.
|
15 |
| (p) There is hereby created the Department of Children and |
16 |
| Family
Services Emergency Assistance Fund from which the |
17 |
| Department may provide
special financial assistance to |
18 |
| families which are in economic crisis when
such assistance is |
19 |
| not available through other public or private sources
and the |
20 |
| assistance is deemed necessary to prevent dissolution of the |
21 |
| family
unit or to reunite families which have been separated |
22 |
| due to child abuse and
neglect. The Department shall establish |
23 |
| administrative rules specifying
the criteria for determining |
24 |
| eligibility for and the amount and nature of
assistance to be |
25 |
| provided. The Department may also enter into written
agreements |
26 |
| with private and public social service agencies to provide
|
|
|
|
HB5688 Enrolled |
- 21 - |
LRB096 18458 KTG 35770 b |
|
|
1 |
| emergency financial services to families referred by the |
2 |
| Department.
Special financial assistance payments shall be |
3 |
| available to a family no
more than once during each fiscal year |
4 |
| and the total payments to a
family may not exceed $500 during a |
5 |
| fiscal year.
|
6 |
| (q) The Department may receive and use, in their entirety, |
7 |
| for the
benefit of children any gift, donation or bequest of |
8 |
| money or other
property which is received on behalf of such |
9 |
| children, or any financial
benefits to which such children are |
10 |
| or may become entitled while under
the jurisdiction or care of |
11 |
| the Department.
|
12 |
| The Department shall set up and administer no-cost, |
13 |
| interest-bearing accounts in appropriate financial |
14 |
| institutions
for children for whom the Department is legally |
15 |
| responsible and who have been
determined eligible for Veterans' |
16 |
| Benefits, Social Security benefits,
assistance allotments from |
17 |
| the armed forces, court ordered payments, parental
voluntary |
18 |
| payments, Supplemental Security Income, Railroad Retirement
|
19 |
| payments, Black Lung benefits, or other miscellaneous |
20 |
| payments. Interest
earned by each account shall be credited to |
21 |
| the account, unless
disbursed in accordance with this |
22 |
| subsection.
|
23 |
| In disbursing funds from children's accounts, the |
24 |
| Department
shall:
|
25 |
| (1) Establish standards in accordance with State and |
26 |
| federal laws for
disbursing money from children's |
|
|
|
HB5688 Enrolled |
- 22 - |
LRB096 18458 KTG 35770 b |
|
|
1 |
| accounts. In all
circumstances,
the Department's |
2 |
| "Guardianship Administrator" or his or her designee must
|
3 |
| approve disbursements from children's accounts. The |
4 |
| Department
shall be responsible for keeping complete |
5 |
| records of all disbursements for each account for any |
6 |
| purpose.
|
7 |
| (2) Calculate on a monthly basis the amounts paid from |
8 |
| State funds for the
child's board and care, medical care |
9 |
| not covered under Medicaid, and social
services; and |
10 |
| utilize funds from the child's account, as
covered by |
11 |
| regulation, to reimburse those costs. Monthly, |
12 |
| disbursements from
all children's accounts, up to 1/12 of |
13 |
| $13,000,000, shall be
deposited by the Department into the |
14 |
| General Revenue Fund and the balance over
1/12 of |
15 |
| $13,000,000 into the DCFS Children's Services Fund.
|
16 |
| (3) Maintain any balance remaining after reimbursing |
17 |
| for the child's costs
of care, as specified in item (2). |
18 |
| The balance shall accumulate in accordance
with relevant |
19 |
| State and federal laws and shall be disbursed to the child |
20 |
| or his
or her guardian, or to the issuing agency.
|
21 |
| (r) The Department shall promulgate regulations |
22 |
| encouraging all adoption
agencies to voluntarily forward to the |
23 |
| Department or its agent names and
addresses of all persons who |
24 |
| have applied for and have been approved for
adoption of a |
25 |
| hard-to-place or handicapped child and the names of such
|
26 |
| children who have not been placed for adoption. A list of such |
|
|
|
HB5688 Enrolled |
- 23 - |
LRB096 18458 KTG 35770 b |
|
|
1 |
| names and
addresses shall be maintained by the Department or |
2 |
| its agent, and coded
lists which maintain the confidentiality |
3 |
| of the person seeking to adopt the
child and of the child shall |
4 |
| be made available, without charge, to every
adoption agency in |
5 |
| the State to assist the agencies in placing such
children for |
6 |
| adoption. The Department may delegate to an agent its duty to
|
7 |
| maintain and make available such lists. The Department shall |
8 |
| ensure that
such agent maintains the confidentiality of the |
9 |
| person seeking to adopt the
child and of the child.
|
10 |
| (s) The Department of Children and Family Services may |
11 |
| establish and
implement a program to reimburse Department and |
12 |
| private child welfare
agency foster parents licensed by the |
13 |
| Department of Children and Family
Services for damages |
14 |
| sustained by the foster parents as a result of the
malicious or |
15 |
| negligent acts of foster children, as well as providing third
|
16 |
| party coverage for such foster parents with regard to actions |
17 |
| of foster
children to other individuals. Such coverage will be |
18 |
| secondary to the
foster parent liability insurance policy, if |
19 |
| applicable. The program shall
be funded through appropriations |
20 |
| from the General Revenue Fund,
specifically designated for such |
21 |
| purposes.
|
22 |
| (t) The Department shall perform home studies and |
23 |
| investigations and
shall exercise supervision over visitation |
24 |
| as ordered by a court pursuant
to the Illinois Marriage and |
25 |
| Dissolution of Marriage Act or the Adoption
Act only if:
|
26 |
| (1) an order entered by an Illinois court specifically
|
|
|
|
HB5688 Enrolled |
- 24 - |
LRB096 18458 KTG 35770 b |
|
|
1 |
| directs the Department to perform such services; and
|
2 |
| (2) the court has ordered one or both of the parties to
|
3 |
| the proceeding to reimburse the Department for its |
4 |
| reasonable costs for
providing such services in accordance |
5 |
| with Department rules, or has
determined that neither party |
6 |
| is financially able to pay.
|
7 |
| The Department shall provide written notification to the |
8 |
| court of the
specific arrangements for supervised visitation |
9 |
| and projected monthly costs
within 60 days of the court order. |
10 |
| The Department shall send to the court
information related to |
11 |
| the costs incurred except in cases where the court
has |
12 |
| determined the parties are financially unable to pay. The court |
13 |
| may
order additional periodic reports as appropriate.
|
14 |
| (u) In addition to other information that must be provided, |
15 |
| whenever the Department places a child with a prospective |
16 |
| adoptive parent or parents or in a licensed foster home,
group |
17 |
| home, child care institution, or in a relative home, the |
18 |
| Department
shall provide to the prospective adoptive parent or |
19 |
| parents or other caretaker:
|
20 |
| (1) available detailed information concerning the |
21 |
| child's educational
and health history, copies of |
22 |
| immunization records (including insurance
and medical card |
23 |
| information), a history of the child's previous |
24 |
| placements,
if any, and reasons for placement changes |
25 |
| excluding any information that
identifies or reveals the |
26 |
| location of any previous caretaker;
|
|
|
|
HB5688 Enrolled |
- 25 - |
LRB096 18458 KTG 35770 b |
|
|
1 |
| (2) a copy of the child's portion of the client service |
2 |
| plan, including
any visitation arrangement, and all |
3 |
| amendments or revisions to it as
related to the child; and
|
4 |
| (3) information containing details of the child's |
5 |
| individualized
educational plan when the child is |
6 |
| receiving special education services.
|
7 |
| The caretaker shall be informed of any known social or |
8 |
| behavioral
information (including, but not limited to, |
9 |
| criminal background, fire
setting, perpetuation of
sexual |
10 |
| abuse, destructive behavior, and substance abuse) necessary to |
11 |
| care
for and safeguard the children to be placed or currently |
12 |
| in the home. The Department may prepare a written summary of |
13 |
| the information required by this paragraph, which may be |
14 |
| provided to the foster or prospective adoptive parent in |
15 |
| advance of a placement. The foster or prospective adoptive |
16 |
| parent may review the supporting documents in the child's file |
17 |
| in the presence of casework staff. In the case of an emergency |
18 |
| placement, casework staff shall at least provide known |
19 |
| information verbally, if necessary, and must subsequently |
20 |
| provide the information in writing as required by this |
21 |
| subsection.
|
22 |
| The information described in this subsection shall be |
23 |
| provided in writing. In the case of emergency placements when |
24 |
| time does not allow prior review, preparation, and collection |
25 |
| of written information, the Department shall provide such |
26 |
| information as it becomes available. Within 10 business days |
|
|
|
HB5688 Enrolled |
- 26 - |
LRB096 18458 KTG 35770 b |
|
|
1 |
| after placement, the Department shall obtain from the |
2 |
| prospective adoptive parent or parents or other caretaker a |
3 |
| signed verification of receipt of the information provided. |
4 |
| Within 10 business days after placement, the Department shall |
5 |
| provide to the child's guardian ad litem a copy of the |
6 |
| information provided to the prospective adoptive parent or |
7 |
| parents or other caretaker. The information provided to the |
8 |
| prospective adoptive parent or parents or other caretaker shall |
9 |
| be reviewed and approved regarding accuracy at the supervisory |
10 |
| level.
|
11 |
| (u-5) Effective July 1, 1995, only foster care placements |
12 |
| licensed as
foster family homes pursuant to the Child Care Act |
13 |
| of 1969 shall be eligible to
receive foster care payments from |
14 |
| the Department.
Relative caregivers who, as of July 1, 1995, |
15 |
| were approved pursuant to approved
relative placement rules |
16 |
| previously promulgated by the Department at 89 Ill.
Adm. Code |
17 |
| 335 and had submitted an application for licensure as a foster |
18 |
| family
home may continue to receive foster care payments only |
19 |
| until the Department
determines that they may be licensed as a |
20 |
| foster family home or that their
application for licensure is |
21 |
| denied or until September 30, 1995, whichever
occurs first.
|
22 |
| (v) The Department shall access criminal history record |
23 |
| information
as defined in the Illinois Uniform Conviction |
24 |
| Information Act and information
maintained in the adjudicatory |
25 |
| and dispositional record system as defined in
Section 2605-355 |
26 |
| of the
Department of State Police Law (20 ILCS 2605/2605-355)
|
|
|
|
HB5688 Enrolled |
- 27 - |
LRB096 18458 KTG 35770 b |
|
|
1 |
| if the Department determines the information is necessary to |
2 |
| perform its duties
under the Abused and Neglected Child |
3 |
| Reporting Act, the Child Care Act of 1969,
and the Children and |
4 |
| Family Services Act. The Department shall provide for
|
5 |
| interactive computerized communication and processing |
6 |
| equipment that permits
direct on-line communication with the |
7 |
| Department of State Police's central
criminal history data |
8 |
| repository. The Department shall comply with all
certification |
9 |
| requirements and provide certified operators who have been
|
10 |
| trained by personnel from the Department of State Police. In |
11 |
| addition, one
Office of the Inspector General investigator |
12 |
| shall have training in the use of
the criminal history |
13 |
| information access system and have
access to the terminal. The |
14 |
| Department of Children and Family Services and its
employees |
15 |
| shall abide by rules and regulations established by the |
16 |
| Department of
State Police relating to the access and |
17 |
| dissemination of
this information.
|
18 |
| (v-1) Prior to final approval for placement of a child, the |
19 |
| Department shall conduct a criminal records background check of |
20 |
| the prospective foster or adoptive parent, including |
21 |
| fingerprint-based checks of national crime information |
22 |
| databases. Final approval for placement shall not be granted if |
23 |
| the record check reveals a felony conviction for child abuse or |
24 |
| neglect, for spousal abuse, for a crime against children, or |
25 |
| for a crime involving violence, including rape, sexual assault, |
26 |
| or homicide, but not including other physical assault or |
|
|
|
HB5688 Enrolled |
- 28 - |
LRB096 18458 KTG 35770 b |
|
|
1 |
| battery, or if there is a felony conviction for physical |
2 |
| assault, battery, or a drug-related offense committed within |
3 |
| the past 5 years. |
4 |
| (v-2) Prior to final approval for placement of a child, the |
5 |
| Department shall check its child abuse and neglect registry for |
6 |
| information concerning prospective foster and adoptive |
7 |
| parents, and any adult living in the home. If any prospective |
8 |
| foster or adoptive parent or other adult living in the home has |
9 |
| resided in another state in the preceding 5 years, the |
10 |
| Department shall request a check of that other state's child |
11 |
| abuse and neglect registry.
|
12 |
| (w) Within 120 days of August 20, 1995 (the effective date |
13 |
| of Public Act
89-392), the Department shall prepare and submit |
14 |
| to the Governor and the
General Assembly, a written plan for |
15 |
| the development of in-state licensed
secure child care |
16 |
| facilities that care for children who are in need of secure
|
17 |
| living
arrangements for their health, safety, and well-being. |
18 |
| For purposes of this
subsection, secure care facility shall |
19 |
| mean a facility that is designed and
operated to ensure that |
20 |
| all entrances and exits from the facility, a building
or a |
21 |
| distinct part of the building, are under the exclusive control |
22 |
| of the
staff of the facility, whether or not the child has the |
23 |
| freedom of movement
within the perimeter of the facility, |
24 |
| building, or distinct part of the
building. The plan shall |
25 |
| include descriptions of the types of facilities that
are needed |
26 |
| in Illinois; the cost of developing these secure care |
|
|
|
HB5688 Enrolled |
- 29 - |
LRB096 18458 KTG 35770 b |
|
|
1 |
| facilities;
the estimated number of placements; the potential |
2 |
| cost savings resulting from
the movement of children currently |
3 |
| out-of-state who are projected to be
returned to Illinois; the |
4 |
| necessary geographic distribution of these
facilities in |
5 |
| Illinois; and a proposed timetable for development of such
|
6 |
| facilities. |
7 |
| (x) The Department shall conduct annual credit history |
8 |
| checks to determine the financial history of children placed |
9 |
| under its guardianship pursuant to the Juvenile Court Act of |
10 |
| 1987. The Department shall conduct such credit checks starting |
11 |
| when a ward turns 12 years old and each year thereafter for the |
12 |
| duration of the guardianship as terminated pursuant to the |
13 |
| Juvenile Court Act of 1987. The Department shall determine if |
14 |
| financial exploitation of the child's personal information has |
15 |
| occurred. If financial exploitation appears to have taken place |
16 |
| or is presently ongoing, the Department shall notify the proper |
17 |
| law enforcement agency, the proper State's Attorney, or the |
18 |
| Attorney General. |
19 |
| (y) Beginning on the effective date of this amendatory Act |
20 |
| of the 96th General Assembly, a child with a disability who |
21 |
| receives residential and educational services from the |
22 |
| Department shall be eligible to receive transition services in |
23 |
| accordance with Article 14 of the School Code from the age of |
24 |
| 14.5 through age 21, inclusive, notwithstanding the child's |
25 |
| residential services arrangement. For purposes of this |
26 |
| subsection, "child with a disability" means a child with a |
|
|
|
HB5688 Enrolled |
- 30 - |
LRB096 18458 KTG 35770 b |
|
|
1 |
| disability as defined by the federal Individuals with |
2 |
| Disabilities Education Improvement Act of 2004. |
3 |
| (Source: P.A. 95-10, eff. 6-30-07; 95-601, eff. 9-11-07; |
4 |
| 95-642, eff. 6-1-08; 95-876, eff. 8-21-08; 96-134, eff. 8-7-09; |
5 |
| 96-581, eff. 1-1-10; 96-600, eff. 8-21-09; 96-619, eff. 1-1-10; |
6 |
| 96-760, eff. 1-1-10; revised 9-15-09.) |
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| Section 10. The Mental Health and Developmental |
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| Disabilities Administrative Act is amended by adding Section |
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| 11.3 as follows: |
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| (20 ILCS 1705/11.3 new) |
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| Sec. 11.3. Transition services; children with |
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| disabilities. A child with a disability who receives |
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| residential and educational services directly from or paid by |
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| the Department shall be eligible to receive transition services |
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| in accordance with Article 14 of the School Code from the age |
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| of 14.5 through age 21, inclusive, notwithstanding the child's |
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| residential services arrangement. Beginning on the effective |
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| date of this amendatory Act of the 96th General Assembly, the |
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| Department shall review its policies and regulations that |
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| create obstacles to the provision of these services and within |
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| the constraint of existing federal or State law change or |
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| modify the policies and regulations to support the provision of |
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| transition services in accordance with Article 14 of the School |
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| Code. For the purposes of this Section, "child with a |