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Public Act 102-0810
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| HB5418 Enrolled | LRB102 24881 KTG 34130 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 Foster Children's Bill of Rights Act is |
amended by changing Section 5 as follows:
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(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 he or
she is 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 |
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advocates and supporters,
Court Appointed Special |
Advocates (CASAs), and probation officers. |
(7) To visit and contact brothers and sisters, 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
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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.
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(10) To attend religious services and activities of |
his or her
choice.
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(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 |
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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 he or she meets 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 his or her |
own case plan
and plan for permanent placement. |
(20) To review his or her own case plan and plan for |
permanent
placement, if he or she is 12 years of age or |
older and in a
permanent placement, and to receive |
information about his or her
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 |
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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,
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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. |
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(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.
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(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.
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(29) To be placed in the least restrictive and most |
family-like setting available and in close proximity to |
his or her parent's home consistent with his or her |
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. The Department shall review and |
discuss the document with the child. The Department must |
document completion of the intake process in the child's |
records as well as giving a copy of the document to the |
child. |
(31) To participate in appropriate intervention and |
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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 |