HB5688 Enrolled LRB096 18458 KTG 35770 b

1     AN ACT concerning State government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Children and Family Services Act is amended
5 by changing Section 5 as follows:
 
6     (20 ILCS 505/5)  (from Ch. 23, par. 5005)
7     Sec. 5. Direct child welfare services; Department of
8 Children and Family Services. To provide direct child welfare
9 services when not available through other public or private
10 child care or program facilities.
11     (a) For purposes of this Section:
12         (1) "Children" means persons found within the State who
13     are under the age of 18 years. The term also includes
14     persons under age 21 who:
15             (A) were committed to the Department pursuant to
16         the Juvenile Court Act or the Juvenile Court Act of
17         1987, as amended, prior to the age of 18 and who
18         continue under the jurisdiction of the court; or
19             (B) were accepted for care, service and training by
20         the Department prior to the age of 18 and whose best
21         interest in the discretion of the Department would be
22         served by continuing that care, service and training
23         because of severe emotional disturbances, physical

 

 

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1         disability, social adjustment or any combination
2         thereof, or because of the need to complete an
3         educational or vocational training program.
4         (2) "Homeless youth" means persons found within the
5     State who are under the age of 19, are not in a safe and
6     stable living situation and cannot be reunited with their
7     families.
8         (3) "Child welfare services" means public social
9     services which are directed toward the accomplishment of
10     the following purposes:
11             (A) protecting and promoting the health, safety
12         and welfare of children, including homeless, dependent
13         or neglected children;
14             (B) remedying, or assisting in the solution of
15         problems which may result in, the neglect, abuse,
16         exploitation or delinquency of children;
17             (C) preventing the unnecessary separation of
18         children from their families by identifying family
19         problems, assisting families in resolving their
20         problems, and preventing the breakup of the family
21         where the prevention of child removal is desirable and
22         possible when the child can be cared for at home
23         without endangering the child's health and safety;
24             (D) restoring to their families children who have
25         been removed, by the provision of services to the child
26         and the families when the child can be cared for at

 

 

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1         home without endangering the child's health and
2         safety;
3             (E) placing children in suitable adoptive homes,
4         in cases where restoration to the biological family is
5         not safe, possible or appropriate;
6             (F) assuring safe and adequate care of children
7         away from their homes, in cases where the child cannot
8         be returned home or cannot be placed for adoption. At
9         the time of placement, the Department shall consider
10         concurrent planning, as described in subsection (l-1)
11         of this Section so that permanency may occur at the
12         earliest opportunity. Consideration should be given so
13         that if reunification fails or is delayed, the
14         placement made is the best available placement to
15         provide permanency for the child;
16             (G) (blank);
17             (H) (blank); and
18             (I) placing and maintaining children in facilities
19         that provide separate living quarters for children
20         under the age of 18 and for children 18 years of age
21         and older, unless a child 18 years of age is in the
22         last year of high school education or vocational
23         training, in an approved individual or group treatment
24         program, in a licensed shelter facility, or secure
25         child care facility. The Department is not required to
26         place or maintain children:

 

 

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1                 (i) who are in a foster home, or
2                 (ii) who are persons with a developmental
3             disability, as defined in the Mental Health and
4             Developmental Disabilities Code, or
5                 (iii) who are female children who are
6             pregnant, pregnant and parenting or parenting, or
7                 (iv) who are siblings, in facilities that
8             provide separate living quarters for children 18
9             years of age and older and for children under 18
10             years of age.
11     (b) Nothing in this Section shall be construed to authorize
12 the expenditure of public funds for the purpose of performing
13 abortions.
14     (c) The Department shall establish and maintain
15 tax-supported child welfare services and extend and seek to
16 improve voluntary services throughout the State, to the end
17 that services and care shall be available on an equal basis
18 throughout the State to children requiring such services.
19     (d) The Director may authorize advance disbursements for
20 any new program initiative to any agency contracting with the
21 Department. As a prerequisite for an advance disbursement, the
22 contractor must post a surety bond in the amount of the advance
23 disbursement and have a purchase of service contract approved
24 by the Department. The Department may pay up to 2 months
25 operational expenses in advance. The amount of the advance
26 disbursement shall be prorated over the life of the contract or

 

 

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1 the remaining months of the fiscal year, whichever is less, and
2 the installment amount shall then be deducted from future
3 bills. Advance disbursement authorizations for new initiatives
4 shall not be made to any agency after that agency has operated
5 during 2 consecutive fiscal years. The requirements of this
6 Section concerning advance disbursements shall not apply with
7 respect to the following: payments to local public agencies for
8 child day care services as authorized by Section 5a of this
9 Act; and youth service programs receiving grant funds under
10 Section 17a-4.
11     (e) (Blank).
12     (f) (Blank).
13     (g) The Department shall establish rules and regulations
14 concerning its operation of programs designed to meet the goals
15 of child safety and protection, family preservation, family
16 reunification, and adoption, including but not limited to:
17         (1) adoption;
18         (2) foster care;
19         (3) family counseling;
20         (4) protective services;
21         (5) (blank);
22         (6) homemaker service;
23         (7) return of runaway children;
24         (8) (blank);
25         (9) placement under Section 5-7 of the Juvenile Court
26     Act or Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile

 

 

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1     Court Act of 1987 in accordance with the federal Adoption
2     Assistance and Child Welfare Act of 1980; and
3         (10) interstate services.
4     Rules and regulations established by the Department shall
5 include provisions for training Department staff and the staff
6 of Department grantees, through contracts with other agencies
7 or resources, in alcohol and drug abuse screening techniques
8 approved by the Department of Human Services, as a successor to
9 the Department of Alcoholism and Substance Abuse, for the
10 purpose of identifying children and adults who should be
11 referred to an alcohol and drug abuse treatment program for
12 professional evaluation.
13     (h) If the Department finds that there is no appropriate
14 program or facility within or available to the Department for a
15 ward and that no licensed private facility has an adequate and
16 appropriate program or none agrees to accept the ward, the
17 Department shall create an appropriate individualized,
18 program-oriented plan for such ward. The plan may be developed
19 within the Department or through purchase of services by the
20 Department to the extent that it is within its statutory
21 authority to do.
22     (i) Service programs shall be available throughout the
23 State and shall include but not be limited to the following
24 services:
25         (1) case management;
26         (2) homemakers;

 

 

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1         (3) counseling;
2         (4) parent education;
3         (5) day care; and
4         (6) emergency assistance and advocacy.
5     In addition, the following services may be made available
6 to assess and meet the needs of children and families:
7         (1) comprehensive family-based services;
8         (2) assessments;
9         (3) respite care; and
10         (4) in-home health services.
11     The Department shall provide transportation for any of the
12 services it makes available to children or families or for
13 which it refers children or families.
14     (j) The Department may provide categories of financial
15 assistance and education assistance grants, and shall
16 establish rules and regulations concerning the assistance and
17 grants, to persons who adopt physically or mentally
18 handicapped, older and other hard-to-place children who (i)
19 immediately prior to their adoption were legal wards of the
20 Department or (ii) were determined eligible for financial
21 assistance with respect to a prior adoption and who become
22 available for adoption because the prior adoption has been
23 dissolved and the parental rights of the adoptive parents have
24 been terminated or because the child's adoptive parents have
25 died. The Department may continue to provide financial
26 assistance and education assistance grants for a child who was

 

 

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1 determined eligible for financial assistance under this
2 subsection (j) in the interim period beginning when the child's
3 adoptive parents died and ending with the finalization of the
4 new adoption of the child by another adoptive parent or
5 parents. The Department may also provide categories of
6 financial assistance and education assistance grants, and
7 shall establish rules and regulations for the assistance and
8 grants, to persons appointed guardian of the person under
9 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
10 4-25 or 5-740 of the Juvenile Court Act of 1987 for children
11 who were wards of the Department for 12 months immediately
12 prior to the appointment of the guardian.
13     The amount of assistance may vary, depending upon the needs
14 of the child and the adoptive parents, as set forth in the
15 annual assistance agreement. Special purpose grants are
16 allowed where the child requires special service but such costs
17 may not exceed the amounts which similar services would cost
18 the Department if it were to provide or secure them as guardian
19 of the child.
20     Any financial assistance provided under this subsection is
21 inalienable by assignment, sale, execution, attachment,
22 garnishment, or any other remedy for recovery or collection of
23 a judgment or debt.
24     (j-5) The Department shall not deny or delay the placement
25 of a child for adoption if an approved family is available
26 either outside of the Department region handling the case, or

 

 

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1 outside of the State of Illinois.
2     (k) The Department shall accept for care and training any
3 child who has been adjudicated neglected or abused, or
4 dependent committed to it pursuant to the Juvenile Court Act or
5 the Juvenile Court Act of 1987.
6     (l) The Department shall offer family preservation
7 services, as defined in Section 8.2 of the Abused and Neglected
8 Child Reporting Act, to help families, including adoptive and
9 extended families. Family preservation services shall be
10 offered (i) to prevent the placement of children in substitute
11 care when the children can be cared for at home or in the
12 custody of the person responsible for the children's welfare,
13 (ii) to reunite children with their families, or (iii) to
14 maintain an adoptive placement. Family preservation services
15 shall only be offered when doing so will not endanger the
16 children's health or safety. With respect to children who are
17 in substitute care pursuant to the Juvenile Court Act of 1987,
18 family preservation services shall not be offered if a goal
19 other than those of subdivisions (A), (B), or (B-1) of
20 subsection (2) of Section 2-28 of that Act has been set.
21 Nothing in this paragraph shall be construed to create a
22 private right of action or claim on the part of any individual
23 or child welfare agency, except that when a child is the
24 subject of an action under Article II of the Juvenile Court Act
25 of 1987 and the child's service plan calls for services to
26 facilitate achievement of the permanency goal, the court

 

 

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1 hearing the action under Article II of the Juvenile Court Act
2 of 1987 may order the Department to provide the services set
3 out in the plan, if those services are not provided with
4 reasonable promptness and if those services are available.
5     The Department shall notify the child and his family of the
6 Department's responsibility to offer and provide family
7 preservation services as identified in the service plan. The
8 child and his family shall be eligible for services as soon as
9 the report is determined to be "indicated". The Department may
10 offer services to any child or family with respect to whom a
11 report of suspected child abuse or neglect has been filed,
12 prior to concluding its investigation under Section 7.12 of the
13 Abused and Neglected Child Reporting Act. However, the child's
14 or family's willingness to accept services shall not be
15 considered in the investigation. The Department may also
16 provide services to any child or family who is the subject of
17 any report of suspected child abuse or neglect or may refer
18 such child or family to services available from other agencies
19 in the community, even if the report is determined to be
20 unfounded, if the conditions in the child's or family's home
21 are reasonably likely to subject the child or family to future
22 reports of suspected child abuse or neglect. Acceptance of such
23 services shall be voluntary. The Department may also provide
24 services to any child or family after completion of a family
25 assessment, as an alternative to an investigation, as provided
26 under the "differential response program" provided for in

 

 

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1 subsection (a-5) of Section 7.4 of the Abused and Neglected
2 Child Reporting Act.
3     The Department may, at its discretion except for those
4 children also adjudicated neglected or dependent, accept for
5 care and training any child who has been adjudicated addicted,
6 as a truant minor in need of supervision or as a minor
7 requiring authoritative intervention, under the Juvenile Court
8 Act or the Juvenile Court Act of 1987, but no such child shall
9 be committed to the Department by any court without the
10 approval of the Department. A minor charged with a criminal
11 offense under the Criminal Code of 1961 or adjudicated
12 delinquent shall not be placed in the custody of or committed
13 to the Department by any court, except (i) a minor less than 15
14 years of age committed to the Department under Section 5-710 of
15 the Juvenile Court Act of 1987, (ii) a minor for whom an
16 independent basis of abuse, neglect, or dependency exists,
17 which must be defined by departmental rule, or (iii) a minor
18 for whom the court has granted a supplemental petition to
19 reinstate wardship pursuant to subsection (2) of Section 2-33
20 of the Juvenile Court Act of 1987. An independent basis exists
21 when the allegations or adjudication of abuse, neglect, or
22 dependency do not arise from the same facts, incident, or
23 circumstances which give rise to a charge or adjudication of
24 delinquency.
25     As soon as is possible after August 7, 2009 (the effective
26 date of Public Act 96-134) this amendatory Act of the 96th

 

 

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1 General Assembly, the Department shall develop and implement a
2 special program of family preservation services to support
3 intact, foster, and adoptive families who are experiencing
4 extreme hardships due to the difficulty and stress of caring
5 for a child who has been diagnosed with a pervasive
6 developmental disorder if the Department determines that those
7 services are necessary to ensure the health and safety of the
8 child. The Department may offer services to any family whether
9 or not a report has been filed under the Abused and Neglected
10 Child Reporting Act. The Department may refer the child or
11 family to services available from other agencies in the
12 community if the conditions in the child's or family's home are
13 reasonably likely to subject the child or family to future
14 reports of suspected child abuse or neglect. Acceptance of
15 these services shall be voluntary. The Department shall develop
16 and implement a public information campaign to alert health and
17 social service providers and the general public about these
18 special family preservation services. The nature and scope of
19 the services offered and the number of families served under
20 the special program implemented under this paragraph shall be
21 determined by the level of funding that the Department annually
22 allocates for this purpose. The term "pervasive developmental
23 disorder" under this paragraph means a neurological condition,
24 including but not limited to, Asperger's Syndrome and autism,
25 as defined in the most recent edition of the Diagnostic and
26 Statistical Manual of Mental Disorders of the American

 

 

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1 Psychiatric Association.
2     (l-1) The legislature recognizes that the best interests of
3 the child require that the child be placed in the most
4 permanent living arrangement as soon as is practically
5 possible. To achieve this goal, the legislature directs the
6 Department of Children and Family Services to conduct
7 concurrent planning so that permanency may occur at the
8 earliest opportunity. Permanent living arrangements may
9 include prevention of placement of a child outside the home of
10 the family when the child can be cared for at home without
11 endangering the child's health or safety; reunification with
12 the family, when safe and appropriate, if temporary placement
13 is necessary; or movement of the child toward the most
14 permanent living arrangement and permanent legal status.
15     When determining reasonable efforts to be made with respect
16 to a child, as described in this subsection, and in making such
17 reasonable efforts, the child's health and safety shall be the
18 paramount concern.
19     When a child is placed in foster care, the Department shall
20 ensure and document that reasonable efforts were made to
21 prevent or eliminate the need to remove the child from the
22 child's home. The Department must make reasonable efforts to
23 reunify the family when temporary placement of the child occurs
24 unless otherwise required, pursuant to the Juvenile Court Act
25 of 1987. At any time after the dispositional hearing where the
26 Department believes that further reunification services would

 

 

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1 be ineffective, it may request a finding from the court that
2 reasonable efforts are no longer appropriate. The Department is
3 not required to provide further reunification services after
4 such a finding.
5     A decision to place a child in substitute care shall be
6 made with considerations of the child's health, safety, and
7 best interests. At the time of placement, consideration should
8 also be given so that if reunification fails or is delayed, the
9 placement made is the best available placement to provide
10 permanency for the child.
11     The Department shall adopt rules addressing concurrent
12 planning for reunification and permanency. The Department
13 shall consider the following factors when determining
14 appropriateness of concurrent planning:
15         (1) the likelihood of prompt reunification;
16         (2) the past history of the family;
17         (3) the barriers to reunification being addressed by
18     the family;
19         (4) the level of cooperation of the family;
20         (5) the foster parents' willingness to work with the
21     family to reunite;
22         (6) the willingness and ability of the foster family to
23     provide an adoptive home or long-term placement;
24         (7) the age of the child;
25         (8) placement of siblings.
26     (m) The Department may assume temporary custody of any

 

 

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1 child if:
2         (1) it has received a written consent to such temporary
3     custody signed by the parents of the child or by the parent
4     having custody of the child if the parents are not living
5     together or by the guardian or custodian of the child if
6     the child is not in the custody of either parent, or
7         (2) the child is found in the State and neither a
8     parent, guardian nor custodian of the child can be located.
9 If the child is found in his or her residence without a parent,
10 guardian, custodian or responsible caretaker, the Department
11 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
17 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
19 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

 

 

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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,

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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;

 

 

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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

 

 

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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)

 

 

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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

 

 

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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

 

 

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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

 

 

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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.)
 
7     Section 10. The Mental Health and Developmental
8 Disabilities Administrative Act is amended by adding Section
9 11.3 as follows:
 
10     (20 ILCS 1705/11.3 new)
11     Sec. 11.3. Transition services; children with
12 disabilities. A child with a disability who receives
13 residential and educational services directly from or paid by
14 the Department shall be eligible to receive transition services
15 in accordance with Article 14 of the School Code from the age
16 of 14.5 through age 21, inclusive, notwithstanding the child's
17 residential services arrangement. Beginning on the effective
18 date of this amendatory Act of the 96th General Assembly, the
19 Department shall review its policies and regulations that
20 create obstacles to the provision of these services and within
21 the constraint of existing federal or State law change or
22 modify the policies and regulations to support the provision of
23 transition services in accordance with Article 14 of the School
24 Code. For the purposes of this Section, "child with a

 

 

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1 disability" means a child with a disability as defined by the
2 federal Individuals with Disabilities Education Improvement
3 Act of 2004.
 
4     Section 99. Effective date. This Act takes effect upon
5 becoming law.