Illinois General Assembly - Full Text of HB0010

LRB104 03031 KTG 13049 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB0010

Introduced 1/9/2025, by Rep. Margaret Croke

SYNOPSIS AS INTRODUCED:

20 ILCS 521/5
20 ILCS 521/15 new

Amends the Foster Children's Bill of Rights Act. Requires the Department of Children and Family Services to: (1) establish and maintain a decentralized supply of luggage to be used to transport the belongings of any child in the foster care system; and (2) develop procedures for the storage and distribution of luggage. Requires the Department to provide luggage to a child who is being removed from home or changing placement. Requires the Department, subject to appropriation, to purchase luggage that cannot otherwise be provided through grant or donation to ensure a sufficient supply of luggage for foster children. Provides that the Department shall submit an annual report to the Governor and the General Assembly that summarizes: (i) the number of times a trash bag was used to transport a foster child's personal belongings and the reasons the Department failed to provide the child with appropriate luggage; and (ii) the Department's supply inventory and inventory management practices for its luggage supply.

A BILL FOR

AN ACT concerning State government.

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

Section 5. The Foster Children's Bill of Rights Act is amended by changing Section 5 and by adding Section 15 as follows:

(20 ILCS 521/5)

Sec. 5. Foster Children's Bill of Rights. It is the policy of this State that every child and adult in the care of the Department of Children and Family Services who is placed in foster care shall have the following rights:

(1) To live in a safe, healthy, and comfortable home where they are treated with respect.

(2) To be free from physical, sexual, emotional, or other abuse, or corporal punishment.

(3) To receive adequate and healthy food, adequate clothing, and, for youth in group homes, residential treatment facilities, and foster homes, an allowance.

(4) To receive medical, dental, vision, and mental health services.

(5) To be free of the administration of medication or chemical substances, unless authorized by a physician.

(6) To contact family members, unless prohibited by court order, and social workers, attorneys, foster youth advocates and supporters, Court Appointed Special Advocates (CASAs), and probation officers.

(7) To visit and contact siblings, unless prohibited by court order.

(8) To contact the Advocacy Office for Children and Families established under the Children and Family Services Act or the Department of Children and Family Services' Office of the Inspector General regarding violations of rights, to speak to representatives of these offices confidentially, and to be free from threats or punishment for making complaints.

(9) To make and receive confidential telephone calls and send and receive unopened mail, unless prohibited by court order.

(10) To attend religious services and activities of their choice.

(11) To maintain an emancipation bank account and manage personal income, consistent with the child's age and developmental level, unless prohibited by the case plan.

(12) To not be locked in a room, building, or facility premises, unless placed in a secure child care facility licensed by the Department of Children and Family Services under the Child Care Act of 1969 and placed pursuant to Section 2-27.1 of the Juvenile Court Act of 1987.

(13) To attend school and participate in extracurricular, cultural, and personal enrichment activities, consistent with the child's age and developmental level, with minimal disruptions to school attendance and educational stability.

(14) To work and develop job skills at an age-appropriate level, consistent with State law.

(15) To have social contacts with people outside of the foster care system, including teachers, church members, mentors, and friends.

(16) If they meet age requirements, to attend services and programs operated by the Department of Children and Family Services or any other appropriate State agency that aim to help current and former foster youth achieve self-sufficiency prior to and after leaving foster care.

(17) To attend court hearings and speak to the judge.

(18) To have storage space for private use.

(19) To be involved in the development of their own case plan and plan for permanent placement.

(20) To review their own case plan and plan for permanent placement, if they are 12 years of age or older and in a permanent placement, and to receive information about their out-of-home placement and case plan, including being told of changes to the case plan.

(21) To be free from unreasonable searches of personal belongings.

(22) To the confidentiality of all juvenile court records consistent with existing law.

(23) To have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.

(24) To have caregivers and child welfare personnel who have received sensitivity training and instruction on matters concerning race, ethnicity, national origin, color, ancestry, religion, mental and physical disability, and HIV status.

(25) To have caregivers and child welfare personnel who have received instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.

(26) At 16 years of age or older, to have access to existing information regarding the educational options available, including, but not limited to, the coursework necessary for vocational and postsecondary educational programs, and information regarding financial aid for postsecondary education.

(27) To have access to age-appropriate, medically accurate information about reproductive health care, the prevention of unplanned pregnancy, and the prevention and treatment of sexually transmitted infections at 12 years of age or older.

(28) To receive a copy of this Act from and have it fully explained by the Department of Children and Family Services when the child or adult is placed in the care of the Department of Children and Family Services.

(29) To be placed in the least restrictive and most family-like setting available and in close proximity to their parent's home consistent with their health, safety, best interests, and special needs.

(30) To participate in an age and developmentally appropriate intake process immediately after placement in the custody or guardianship of the Department. During the intake process, the Department shall provide the youth with a document describing inappropriate acts of affection, discipline, and punishment by guardians, foster parents, foster siblings, or any other adult responsible for the youth's welfare. During the intake process, the Department shall also provide the youth with luggage suitable to transport the youth's personal belongings. The Department shall review and discuss the document with the youth child. The Department must document completion of the intake process in the youth's child's records as well as giving a copy of the document to the youth child.

(31) To participate in appropriate intervention and counseling services after removal from the home of origin in order to assess whether the youth is exhibiting signs of traumatic stress, special needs, or mental illness.

(32) To receive a home visit by an assigned child welfare specialist, per existing Department policies and procedures, on a monthly basis or more frequently as needed. In addition to what existing policies and procedures outline, home visits shall be used to assess the youth's well-being and emotional health following placement, to determine the youth's relationship with the youth's guardian or foster parent or with any other adult responsible for the youth's welfare or living in or frequenting the home environment, and to determine what forms of discipline, if any, the youth's guardian or foster parent or any other person in the home environment uses to correct the youth.

(33) To be enrolled in an independent living services program prior to transitioning out of foster care where the youth will receive classes and instruction, appropriate to the youth's age and developmental capacity, on independent living and self-sufficiency in the areas of employment, finances, meals, and housing as well as help in developing life skills and long-term goals.

(34) To be assessed by a third-party entity or agency prior to enrollment in any independent living services program in order to determine the youth's readiness for a transition out of foster care based on the youth's individual needs, emotional development, and ability, regardless of age, to make a successful transition to adulthood.

(35) To hair care haircare that preserves the child's desired connection to the child's race, culture, gender, religion, and identity and to have a corresponding hair care haircare plan established in accordance with Section 7.3b of the Children and Family Services Act. The Department must provide, in a timely and consistent manner, training for all caregivers and child welfare personnel on how to meet the hair care haircare needs of children.

(Source: P.A. 102-810, eff. 1-1-23; 103-22, eff. 8-8-23; 103-850, eff. 1-1-25; revised 11-21-24.)

(20 ILCS 521/15 new)

Sec. 15. Luggage.

(a) In this Section, "luggage" means a suitcase, duffel bag, backpack, or similar container designed to hold an individual's personal belongings.

(b) The Department shall:

(1) establish and maintain a decentralized supply of luggage to be used to transport the belongings of any child in the foster care system; and

(2) develop procedures for the storage and distribution of luggage.

(c) The Department shall provide luggage to a child who is being removed from home or changing placement. Luggage provided under this subsection belongs to the child it is provided to and may not be reclaimed by the Department or retained by the foster parent. The Department is not required to provide new luggage under this subsection to a child who is changing placement and has the luggage previously provided by the Department.

(d) The Department shall, subject to appropriation, purchase luggage that cannot otherwise be provided through grant or donation to ensure a sufficient supply of luggage to comply with subsections (b) and (c). Luggage so purchased shall be purchased at a retail price of no greater than $150 per bag.

(e) The Department shall maintain a record of each time a trash bag is used to move a foster child's personal belongings. The record must include the reason the Department did not provide the child with appropriate luggage to move the child's personal belongings.

(f) The Department shall submit an annual report to the Governor and the General Assembly that includes a summary of:

(1) the number of times a trash bag was used to transport a foster child's personal belongings and the reasons the Department failed to provide the child with appropriate luggage; and

(2) the Department's supply inventory and inventory management practices for the luggage supply maintained under subsection (b).

(g) This subsection and subsection (f) are repealed on January 1, 2028.