Public Act 094-0880
 
HB4242 Enrolled LRB094 15651 RSP 50859 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Children and Family Services Act is amended
by changing Section 7 as follows:
 
    (20 ILCS 505/7)  (from Ch. 23, par. 5007)
    Sec. 7. Placement of children; considerations.
    (a) In placing any child under this Act, the Department
shall place such child, as far as possible, in the care and
custody of some individual holding the same religious belief as
the parents of the child, or with some child care facility
which is operated by persons of like religious faith as the
parents of such child.
    (b) In placing a child under this Act, the Department may
place a child with a relative if the Department determines has
reason to believe that the relative will be able to adequately
provide for the child's safety and welfare based on the factors
set forth in the Department's Rules governing relative
placements, and that the placement is consistent with the
child's best interests, taking into consideration the factors
set out in subsection (4.05) of Section 1-3 of the Juvenile
Court Act of 1987.
    When the Department first assumes custody of a child, in
placing that child under this Act, the Department shall make
reasonable efforts to identify and locate a relative who is
ready, willing, and able to care for the child. At a minimum,
these efforts shall be renewed each time the child requires a
placement change and it is appropriate for the child to be
cared for in a home environment. The Department must document
its efforts to identify and locate such a relative placement
and maintain the documentation in the child's case file.
    If the Department determines that a placement with any
identified relative is not in the child's best interests or
that the relative does not meet the requirements to be a
relative caregiver, as set forth in Department Rules or by
statute, the Department must document the basis for that
decision and maintain the documentation in the child's case
file.
    If, pursuant to the Department's Rules, any person files an
administrative appeal of the Department's decision not to place
a child with a relative, it is the Department's burden to prove
that the decision is consistent with the child's best
interests.
    When the Department determines that the child requires
placement in an environment, other than a home environment, the
Department shall continue to make reasonable efforts to
identify and locate relatives to serve as visitation resources
for the child and potential future placement resources, except
when the Department determines that those efforts would be
futile or inconsistent with the child's best interests.
    If the Department determines that efforts to identify and
locate relatives would be futile or inconsistent with the
child's best interests, the Department shall document the basis
of its determination and maintain the documentation in the
child's case file.
    If the Department determines that an individual or a group
of relatives are inappropriate to serve as visitation resources
or possible placement resources, the Department shall document
the basis of its determination and maintain the documentation
in the child's case file.
    When the Department determines that an individual or a
group of relatives are appropriate to serve as visitation
resources or possible future placement resources, the
Department shall document the basis of its determination,
maintain the documentation in the child's case file, create a
visitation or transition plan, or both, and incorporate the
visitation or transition plan, or both, into the child's case
plan. For the purpose of this subsection, any determination as
to the child's best interests shall include consideration of
the factors set out in subsection (4.05) of Section 1-3 of the
Juvenile Court Act of 1987.
    The Department may not place a child with a relative, with
the exception of certain circumstances which may be waived as
defined by the Department in rules, if the results of a check
of the Law Enforcement Agencies Agency Data System (LEADS)
identifies a prior criminal conviction of the relative or any
adult member of the relative's household for any of the
following offenses under the Criminal Code of 1961:
        (1) murder;
        (1.1) solicitation of murder;
        (1.2) solicitation of murder for hire;
        (1.3) intentional homicide of an unborn child;
        (1.4) voluntary manslaughter of an unborn child;
        (1.5) involuntary manslaughter;
        (1.6) reckless homicide;
        (1.7) concealment of a homicidal death;
        (1.8) involuntary manslaughter of an unborn child;
        (1.9) reckless homicide of an unborn child;
        (1.10) drug-induced homicide;
        (2) a sex offense under Article 11, except offenses
    described in Sections 11-7, 11-8, 11-12, and 11-13;
        (3) kidnapping;
        (3.1) aggravated unlawful restraint;
        (3.2) forcible detention;
        (3.3) aiding and abetting child abduction;
        (4) aggravated kidnapping;
        (5) child abduction;
        (6) aggravated battery of a child;
        (7) criminal sexual assault;
        (8) aggravated criminal sexual assault;
        (8.1) predatory criminal sexual assault of a child;
        (9) criminal sexual abuse;
        (10) aggravated sexual abuse;
        (11) heinous battery;
        (12) aggravated battery with a firearm;
        (13) tampering with food, drugs, or cosmetics;
        (14) drug-induced infliction of great bodily harm;
        (15) aggravated stalking;
        (16) home invasion;
        (17) vehicular invasion;
        (18) criminal transmission of HIV;
        (19) criminal abuse or neglect of an elderly or
    disabled person;
        (20) child abandonment;
        (21) endangering the life or health of a child;
        (22) ritual mutilation;
        (23) ritualized abuse of a child;
        (24) an offense in any other state the elements of
    which are similar and bear a substantial relationship to
    any of the foregoing offenses.
For the purpose of this subsection, "relative" shall include
any person, 21 years of age or over, other than the parent, who
(i) is currently related to the child in any of the following
ways by blood or adoption: grandparent, sibling,
great-grandparent, uncle, aunt, nephew, niece, first cousin,
second cousin, godparent, great-uncle, or great-aunt; or (ii)
is the spouse of such a relative; or (iii) is the child's
step-father, step-mother, or adult step-brother or
step-sister; "relative" also includes a person related in any
of the foregoing ways to a sibling of a child, even though the
person is not related to the child, when the child and its
sibling are placed together with that person. For children who
have been in the guardianship of the Department, have been
adopted, and are subsequently returned to the temporary custody
or guardianship of the Department, a "relative" may also
include any person who would have qualified as a relative under
this paragraph prior to the adoption, but only if the
Department determines, and documents, that it would be in the
child's best interests to consider this person a relative,
based upon the factors for determining best interests set forth
in subsection (4.05) of Section 1-3 of the Juvenile Court Act
of 1987. A relative with whom a child is placed pursuant to
this subsection may, but is not required to, apply for
licensure as a foster family home pursuant to the Child Care
Act of 1969; provided, however, that as of July 1, 1995, foster
care payments shall be made only to licensed foster family
homes pursuant to the terms of Section 5 of this Act.
    (c) In placing a child under this Act, the Department shall
ensure that the child's health, safety, and best interests are
met in making a family foster care placement. In rejecting
placement of a child with an identified relative, the
Department shall ensure that the child's health, safety, and
best interests are met. In evaluating the best interests of the
child, the Department shall take into consideration the factors
set forth in subsection (4.05) of Section 1-3 of the Juvenile
Court Act of 1987.
    The Department shall consider the individual needs of the
child and the capacity of the prospective foster or adoptive
parents to meet the needs of the child. When a child must be
placed outside his or her home and cannot be immediately
returned to his or her parents or guardian, a comprehensive,
individualized assessment shall be performed of that child at
which time the needs of the child shall be determined. Only if
race, color, or national origin is identified as a legitimate
factor in advancing the child's best interests shall it be
considered. Race, color, or national origin shall not be
routinely considered in making a placement decision. The
Department shall make special efforts for the diligent
recruitment of potential foster and adoptive families that
reflect the ethnic and racial diversity of the children for
whom foster and adoptive homes are needed. "Special efforts"
shall include contacting and working with community
organizations and religious organizations and may include
contracting with those organizations, utilizing local media
and other local resources, and conducting outreach activities.
    (c-1) At the time of placement, the Department shall
consider concurrent planning, as described in subsection (l-1)
of Section 5, so that permanency may occur at the earliest
opportunity. Consideration should be given so that if
reunification fails or is delayed, the placement made is the
best available placement to provide permanency for the child.
    (d) The Department may accept gifts, grants, offers of
services, and other contributions to use in making special
recruitment efforts.
    (e) The Department in placing children in adoptive or
foster care homes may not, in any policy or practice relating
to the placement of children for adoption or foster care,
discriminate against any child or prospective adoptive or
foster parent on the basis of race.
(Source: P.A. 92-192, eff. 1-1-02; 92-328, eff. 1-1-02; 92-334,
eff. 8-10-01; 92-651, eff. 7-11-02; revised 2-17-03.)
 
    Section 99. Effective date. This Act takes effect August 1,
2006.