Section 415.45  Department Decision Review

 

a)         Certification Decision Review

 

1)         If the Department or contributing agency denies a relative caregiver certification based on the results of the background check, the safety and needs assessment, or the caregiver assessment, the placing worker shall complete the Denial and Request for Decision Review Letter and send it to the Applicant and the youth in care's attorney or guardian ad litem appointed under the Juvenile Court Act of 1987 [705 ILCS 405]. This letter will explain the reason for denial and the process for a Department Decision Review. An Applicant shall have 30 days from the date of the letter to request a decision review.

 

2)         Along with a request for a decision review, denied Applicants may submit additional information with the Decision Review Form to support their case. This additional information shall be considered in the decision review process set forth below.

 

3)         If age and developmentally appropriate, the placing worker shall offer the youth in care an opportunity to provide a statement to be included in the review if the youth in care wishes. An attorney or guardian ad litem appointed under the Juvenile Court Act may submit a statement and additional information on behalf of the youth.

 

4)         The placing worker shall ensure the denial of the certification and notification to the relative caregiver regarding their right and process for reconsideration are reported to the court in accordance with the requirements of Section 2-27.3 of the Juvenile Court Act of 1987. [705 ILCS 405]

 

5)         A Certification Decision Review shall follow the process set forth in Subsection (d) and (e)(1) below.

 

b)         Placement Decision Review

 

1)         Initial Placement.

 

A)        If the Department or contributing agency denies an initial placement decision the placing worker shall complete the Denial and Request for Decision Review Letter and send it to the identified relative. This letter will explain the reason for denial and process for a Department Decision Review. The identified relative shall have 30 days from the date of the letter to request a decision review.

 

B)        Along with a request for a decision review, the relatives may submit additional information with the Decision Review Form to support their position. This additional information shall be considered in the decision review process set forth below.

 

C)        If age and developmentally appropriate, the placing worker shall offer the youth in care an opportunity to provide a statement to be included in the review if the youth in care wishes.

 

D)        An initial placement decision review shall follow the process set forth in Subsection (d) and (e)(2) below.

 

2)         Change in Placement

 

A)        A certified relative caregiver seeking placement of a youth in care who has been in a stable and appropriate placement for at least 60 days does not have the right to a Placement Decision Review of a decision not to place the youth in care with the relative. 

 

B)        A certified relative caregiver seeking placement of a youth in care who has not been in a stable and appropriate placement for at least 60 days may request a Placement Decision Review of a decision not to place the youth in care with the relative:

 

i)          If the Department or contributing agency denies a certified relative caregiver placement of a youth in care who has not been in stable and appropriate placement for at least 60 days, the Department or contributing agency shall complete the Denial and Request for Decision Review Letter and send it to the Applicant and the youth in care’s attorney or guardian ad litem appointed under the Juvenile Court Act of 1987 [705 ILCS 405]. This letter shall explain the reason for the denial and the process for a Department Decision Review. An applicant shall have 30 days from the date of the letter to request a decision review.

 

ii)         Along with a request for decision review, a denied certified relative may submit additional information with the Decision Review Form to support their case.  This additional information shall be considered in the decision review process set forth below.

 

iii)        If age and developmentally appropriate, the placing worker shall offer the youth in care an opportunity to provide a statement to be included in the review if the youth wishes. An attorney or guardian ad litem appointed under the Juvenile Court Act may submit a statement and additional information on behalf of the youth.

 

iv)        The placing worker shall ensure the denial of placement and notification to the relative caregiver regarding their right and process for reconsideration are reported to the court in accordance with the requirements of Section 2-27.3 of the Juvenile Court Act of 1987. [705 ILCS 405].

 

v)         A placement decision review shall follow the process set forth in subsections (d) and (e)(1).

 

c)         Visitation Decision Review

 

1)         Visitation with a relative shall follow the youth in care's visitation plan. If the Department or contributing agency determines that a relative is inappropriate to serve as a visitation resource, the Department shall document the basis for the determination. The permanency worker shall complete the Denial and Request for Decision Review Letter and send it to the identified relative and to the youth in care's attorney or guardian ad litem appointed under the Juvenile Court Act of 1987 [705 ILCS 405]. This letter will explain the reason for denial and process for a Department Decision Review. The identified relative shall have 30 days from the date of the letter to request a decision review.

 

2)         Along with a request for a decision review, denied identified relatives may submit additional information with the Decision Review Form to support their case. This additional information shall be considered in the decision review process set forth below.

 

3)         If age and developmentally appropriate, the permanency worker shall offer the youth in care an opportunity to provide a statement to be included in the review if the youth in care wishes. An attorney or guardian ad litem appointed under the Juvenile Court Act may submit a statement and additional information on behalf of the youth.

 

4)         A visitation decision review shall follow the process set forth in subsections (d) and (e)(2).

 

d)         Decision Review Process

 

1)         Upon receipt of a Decision Review, a Department designee will gather and review relevant documents and submit a brief summary of the case to the Decision Review Panel.

 

2)         The Department will conduct a Decision Review within 10 business days from the date of the request. The Decision Review will be conducted by a panel of Department staff from the following units:

 

A)        Permanency;

 

B)        Child Protection;

 

C)        Legal;

 

D)        Clinical;

 

E)        Director's Office;

 

F)         Background Check Unit;

 

G)        Placement Clearance Desk (PCD); and

 

H)        Staff from other divisions, when deemed necessary on a case-by-case basis.

 

3)         Upon completion of the review, the panel will recommend to the Director to either uphold the denial or overturn the decision with written notification to the Director within 10 business days.

 

4)         The Director will issue a decision to uphold the denial or overturn the decision with written notification to the requestor and the youth in care's attorney or guardian ad litem appointed under the Juvenile Court Act of 1987 [705 ILCS 405] within 10 business days of receipt of the recommendation of the panel.

 

5)         A youth in care's placement shall not be changed pursuant to a Decision Review unless 89 Ill. Adm. Code 337 (Service Appeal Process) has been complied with. This process includes, but is not limited to, the right to receive notice of a decision to change a youth's placement, and the right to request an administrative appeal of a placement change. If a Decision Review determines the child should be moved to the relative placement, but a subsequent determination pursuant to 89 Ill. Adm. Code 337 based on fair hearing or clinical placement review requested by the youth or family (as defined in 89 Ill. Adm. Code 337.20) determines the youth should not be moved from the youth's current placement, the decision pursuant to 89 Ill. Adm. Code 337 will stand.

 

e)         Decision Review Criteria

 

1)         The following factors shall be considered when conducting a Certification Decision Review:

 

A)        the results of the background check for the Applicant or any other adult living in the home;

 

B)        the results of the safety and needs assessment; and

 

C)        the results of the caregiver assessment.

 

2)         The following factors shall be considered in the context of the child's age and developmental needs when conducting a Placement or Visitation Decision Review:

 

A)        the physical safety and welfare of the child, including food, shelter, health, and clothing;

 

B)        the development of the child's identity;

 

C)        the child's background and ties, including familial, cultural, and religious;

 

D)        the child's sense of attachments, including:

 

i)          where the child actually feels love, attachment, and a sense of being valued (as opposed to where adults believe the child should feel such love, attachment, and a sense of being valued);

 

ii)         the child's sense of security;

 

iii)        the child's sense of familiarity;

 

iv)        continuity of affection for the child;

 

v)         the least disruptive placement alternative for the child;

 

E)        the child's wishes and long-term goals, including the child's wishes regarding available permanency options and the child's wishes regarding maintaining connections with parents, siblings, and other relatives;

 

F)         the child's community ties, including church, school, and friends;

 

G)        the child's need for permanence which includes the child's need for stability and continuity of the relationships with parent figures, siblings, and other relatives; and

 

H)        the uniqueness of every family and child; [705 ILCS 405/1-3(4.05)]

 

f)         Nothing in this Part shall negate any rights set forth in 89 Ill. Adm. Code 337 including the right to appeal certain actions including but not limited to the right to administratively appeal placement changes, payment issues and failure to provide services as specified in the case plan.

 

g)         If the decision to deny certification, placement or visitation is a based on the fact that there has been no substantial change in circumstances since the relative's previous denied request for certification, placement or visitation, then the relative will not have the right to Decision Review of the subsequent decision.