Public Act 099-0340
 
HB2543 EnrolledLRB099 09932 KTG 30148 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 the
 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.

    (a-5) In placing a child under this Act, the Department 
shall place the child with the child's
sibling or siblings 
under Section 7.4 of this Act unless the placement is not in 
each child's best
interest, or is otherwise not possible under 
the Department's rules. If the child is not
placed with a 
sibling under the Department's rules, the  Department shall 
consider
placements that are likely to develop, preserve, 
nurture, and support sibling relationships, where
doing so is 
in each child's best interest. 
    (b) In placing a child under this Act, the Department may 
place a child
with a relative if the Department determines 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, locate, and provide notice to 
all adult grandparents and other adult relatives of the child 
who are 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, and provide notice to such potential 
relative placements 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

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 or the Criminal Code of 2012:

        (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, 11-13, 11-35, 
    11-40, and 11-45;

        (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 as described in 
    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;

        (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 as described in Section 12-4.1 or 
    subdivision (a)(2) of Section 12-3.05;

        (12) aggravated battery with a firearm as described in 
    Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or 
    (e)(4) of Section 12-3.05;

        (13) tampering with food, drugs, or cosmetics;

        (14) drug-induced infliction of great bodily harm as 
    described in Section 12-4.7 or subdivision (g)(1) of 
    Section 12-3.05;

        (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 as described in Section 12-21 or subsection 
    (b) of Section 12-4.4a;

        (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; or (iv) is a fictive kin; "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. 

    Notwithstanding any other provision under this subsection 
to the contrary, a fictive kin with whom a child is placed 
pursuant to this subsection shall apply for licensure as a 
foster family home pursuant to the Child Care Act of 1969 
within 6 months of the child's placement with the fictive kin. 
The Department shall not remove a child from the home of a 
fictive kin on the basis that the fictive kin fails to apply 
for licensure within 6 months of the child's placement with the 
fictive kin, or fails to meet the standard for licensure.  All 
other requirements established under the rules and procedures 
of the Department concerning the placement of a child, for whom 
the Department is legally responsible, with a relative shall 
apply. By June 1, 2015, the Department shall promulgate rules 
establishing criteria and standards for placement, 
identification, and licensure of fictive kin. 
    For purposes of this subsection, "fictive kin" means any 
individual, unrelated by birth or marriage, who is shown to 
have close personal or emotional ties with the child or the 
child's family prior to the child's placement with the 
individual. 
    The provisions added to this subsection (b) by this 
amendatory Act of the 98th General Assembly shall become 
operative on and after June 1, 2015. 
    (c) In placing a child under this Act, the Department shall 
ensure that
the child's health, safety, and best interests are 
met.
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. 97-1076, eff. 8-24-12; 97-1109, eff. 1-1-13; 
97-1150, eff. 1-25-13; 98-846, eff. 1-1-15.)