Rep. Norma Hernandez

Filed: 3/20/2023

 

 


 

 


 
10300HB3705ham001LRB103 24994 KTG 59438 a

1
AMENDMENT TO HOUSE BILL 3705

2    AMENDMENT NO. ______. Amend House Bill 3705 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. The Children and Family Services Act is
5amended by changing Section 5 as follows:
 
6    (20 ILCS 505/5)  (from Ch. 23, par. 5005)
7    Sec. 5. Direct child welfare services; Department of
8Children and Family Services. To provide direct child welfare
9services when not available through other public or private
10child care or program facilities.
11    (a) For purposes of this Section:
12        (1) "Children" means persons found within the State
13    who are under the age of 18 years. The term also includes
14    persons under age 21 who:
15            (A) were committed to the Department pursuant to
16        the Juvenile Court Act or the Juvenile Court Act of

 

 

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1        1987 and who continue under the jurisdiction of the
2        court; or
3            (B) were accepted for care, service and training
4        by the Department prior to the age of 18 and whose best
5        interest in the discretion of the Department would be
6        served by continuing that care, service and training
7        because of severe emotional disturbances, physical
8        disability, social adjustment or any combination
9        thereof, or because of the need to complete an
10        educational or vocational training program.
11        (2) "Homeless youth" means persons found within the
12    State who are under the age of 19, are not in a safe and
13    stable living situation and cannot be reunited with their
14    families.
15        (3) "Child welfare services" means public social
16    services which are directed toward the accomplishment of
17    the following purposes:
18            (A) protecting and promoting the health, safety
19        and welfare of children, including homeless,
20        dependent, or neglected children;
21            (B) remedying, or assisting in the solution of
22        problems which may result in, the neglect, abuse,
23        exploitation, or delinquency of children;
24            (C) preventing the unnecessary separation of
25        children from their families by identifying family
26        problems, assisting families in resolving their

 

 

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1        problems, and preventing the breakup of the family
2        where the prevention of child removal is desirable and
3        possible when the child can be cared for at home
4        without endangering the child's health and safety;
5            (D) restoring to their families children who have
6        been removed, by the provision of services to the
7        child and the families when the child can be cared for
8        at home without endangering the child's health and
9        safety;
10            (E) placing children in suitable permanent family
11        arrangements, through guardianship or adoption
12        adoptive homes, in cases where restoration to the
13        biological family is not safe, possible, or
14        appropriate;
15            (F) at assuring safe and adequate care of children
16        away from their homes, in cases where the child cannot
17        be returned home or cannot be placed for adoption. At
18        the time of placement, conducting the Department shall
19        consider concurrent planning, as described in
20        subsection (l-1) of this Section so that permanency
21        may occur at the earliest opportunity. Consideration
22        should be given so that if reunification fails or is
23        delayed, the placement made is the best available
24        placement to provide permanency for the child;
25            (G) (blank);
26            (H) (blank); and

 

 

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1            (I) placing and maintaining children in facilities
2        that provide separate living quarters for children
3        under the age of 18 and for children 18 years of age
4        and older, unless a child 18 years of age is in the
5        last year of high school education or vocational
6        training, in an approved individual or group treatment
7        program, in a licensed shelter facility, or secure
8        child care facility. The Department is not required to
9        place or maintain children:
10                (i) who are in a foster home, or
11                (ii) who are persons with a developmental
12            disability, as defined in the Mental Health and
13            Developmental Disabilities Code, or
14                (iii) who are female children who are
15            pregnant, pregnant and parenting, or parenting, or
16                (iv) who are siblings, in facilities that
17            provide separate living quarters for children 18
18            years of age and older and for children under 18
19            years of age.
20    (b) (Blank).
21    (c) The Department shall establish and maintain
22tax-supported child welfare services and extend and seek to
23improve voluntary services throughout the State, to the end
24that services and care shall be available on an equal basis
25throughout the State to children requiring such services.
26    (d) The Director may authorize advance disbursements for

 

 

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1any new program initiative to any agency contracting with the
2Department. As a prerequisite for an advance disbursement, the
3contractor must post a surety bond in the amount of the advance
4disbursement and have a purchase of service contract approved
5by the Department. The Department may pay up to 2 months
6operational expenses in advance. The amount of the advance
7disbursement shall be prorated over the life of the contract
8or the remaining months of the fiscal year, whichever is less,
9and the installment amount shall then be deducted from future
10bills. Advance disbursement authorizations for new initiatives
11shall not be made to any agency after that agency has operated
12during 2 consecutive fiscal years. The requirements of this
13Section concerning advance disbursements shall not apply with
14respect to the following: payments to local public agencies
15for child day care services as authorized by Section 5a of this
16Act; and youth service programs receiving grant funds under
17Section 17a-4.
18    (e) (Blank).
19    (f) (Blank).
20    (g) The Department shall establish rules and regulations
21concerning its operation of programs designed to meet the
22goals of child safety and protection, family preservation,
23family reunification, and adoption, including, but not limited
24to:
25        (1) adoption;
26        (2) foster care;

 

 

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1        (3) family counseling;
2        (4) protective services;
3        (5) (blank);
4        (6) homemaker service;
5        (7) return of runaway children;
6        (8) (blank);
7        (9) placement under Section 5-7 of the Juvenile Court
8    Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
9    Court Act of 1987 in accordance with the federal Adoption
10    Assistance and Child Welfare Act of 1980; and
11        (10) interstate services.
12    Rules and regulations established by the Department shall
13include provisions for training Department staff and the staff
14of Department grantees, through contracts with other agencies
15or resources, in screening techniques to identify substance
16use disorders, as defined in the Substance Use Disorder Act,
17approved by the Department of Human Services, as a successor
18to the Department of Alcoholism and Substance Abuse, for the
19purpose of identifying children and adults who should be
20referred for an assessment at an organization appropriately
21licensed by the Department of Human Services for substance use
22disorder treatment.
23    (h) If the Department finds that there is no appropriate
24program or facility within or available to the Department for
25a youth in care and that no licensed private facility has an
26adequate and appropriate program or none agrees to accept the

 

 

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1youth in care, the Department shall create an appropriate
2individualized, program-oriented plan for such youth in care.
3The plan may be developed within the Department or through
4purchase of services by the Department to the extent that it is
5within its statutory authority to do.
6    (i) Service programs shall be available throughout the
7State and shall include but not be limited to the following
8services:
9        (1) case management;
10        (2) homemakers;
11        (3) counseling;
12        (4) parent education;
13        (5) day care; and
14        (6) emergency assistance and advocacy.
15    In addition, the following services may be made available
16to assess and meet the needs of children and families:
17        (1) comprehensive family-based services;
18        (2) assessments;
19        (3) respite care; and
20        (4) in-home health services.
21    The Department shall provide transportation for any of the
22services it makes available to children or families or for
23which it refers children or families.
24    (j) The Department may provide categories of financial
25assistance and education assistance grants, and shall
26establish rules and regulations concerning the assistance and

 

 

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1grants, to persons who adopt children with physical or mental
2disabilities, children who are older, or other hard-to-place
3children who (i) immediately prior to their adoption were
4youth in care or (ii) were determined eligible for financial
5assistance with respect to a prior adoption and who become
6available for adoption because the prior adoption has been
7dissolved and the parental rights of the adoptive parents have
8been terminated or because the child's adoptive parents have
9died. The Department may continue to provide financial
10assistance and education assistance grants for a child who was
11determined eligible for financial assistance under this
12subsection (j) in the interim period beginning when the
13child's adoptive parents died and ending with the finalization
14of the new adoption of the child by another adoptive parent or
15parents. The Department may also provide categories of
16financial assistance and education assistance grants, and
17shall establish rules and regulations for the assistance and
18grants, to persons appointed guardian of the person under
19Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
204-25, or 5-740 of the Juvenile Court Act of 1987 for children
21who were youth in care for 12 months immediately prior to the
22appointment of the guardian.
23    The amount of assistance may vary, depending upon the
24needs of the child and the adoptive parents, as set forth in
25the annual assistance agreement. Special purpose grants are
26allowed where the child requires special service but such

 

 

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1costs may not exceed the amounts which similar services would
2cost the Department if it were to provide or secure them as
3guardian of the child.
4    Any financial assistance provided under this subsection is
5inalienable by assignment, sale, execution, attachment,
6garnishment, or any other remedy for recovery or collection of
7a judgment or debt.
8    (j-5) The Department shall not deny or delay the placement
9of a child for adoption if an approved family is available
10either outside of the Department region handling the case, or
11outside of the State of Illinois.
12    (k) The Department shall accept for care and training any
13child who has been adjudicated neglected or abused, or
14dependent committed to it pursuant to the Juvenile Court Act
15or the Juvenile Court Act of 1987.
16    (l) The Department shall offer family preservation
17services, as defined in Section 8.2 of the Abused and
18Neglected Child Reporting Act, to help families, including
19adoptive and extended families. Family preservation services
20shall be offered (i) to prevent the placement of children in
21substitute care when the children can be cared for at home or
22in the custody of the person responsible for the children's
23welfare, (ii) to reunite children with their families, or
24(iii) to maintain an adoptive placement. Family preservation
25services shall only be offered when doing so will not endanger
26the children's health or safety. With respect to children who

 

 

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1are in substitute care pursuant to the Juvenile Court Act of
21987, family preservation services shall not be offered if a
3goal other than those of subdivisions (A), (B), or (B-1) of
4subsection (2) of Section 2-28 of that Act has been set, except
5that reunification services may be offered as provided in
6paragraph (F) of subsection (2) of Section 2-28 of that Act.
7Nothing in this paragraph shall be construed to create a
8private right of action or claim on the part of any individual
9or child welfare agency, except that when a child is the
10subject of an action under Article II of the Juvenile Court Act
11of 1987 and the child's service plan calls for services to
12facilitate achievement of the permanency goal, the court
13hearing the action under Article II of the Juvenile Court Act
14of 1987 may order the Department to provide the services set
15out in the plan, if those services are not provided with
16reasonable promptness and if those services are available.
17    The Department shall notify the child and his family of
18the Department's responsibility to offer and provide family
19preservation services as identified in the service plan. The
20child and his family shall be eligible for services as soon as
21the report is determined to be "indicated". The Department may
22offer services to any child or family with respect to whom a
23report of suspected child abuse or neglect has been filed,
24prior to concluding its investigation under Section 7.12 of
25the Abused and Neglected Child Reporting Act. However, the
26child's or family's willingness to accept services shall not

 

 

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1be considered in the investigation. The Department may also
2provide services to any child or family who is the subject of
3any report of suspected child abuse or neglect or may refer
4such child or family to services available from other agencies
5in the community, even if the report is determined to be
6unfounded, if the conditions in the child's or family's home
7are reasonably likely to subject the child or family to future
8reports of suspected child abuse or neglect. Acceptance of
9such services shall be voluntary. The Department may also
10provide services to any child or family after completion of a
11family assessment, as an alternative to an investigation, as
12provided under the "differential response program" provided
13for in subsection (a-5) of Section 7.4 of the Abused and
14Neglected Child Reporting Act.
15    The Department may, at its discretion except for those
16children also adjudicated neglected or dependent, accept for
17care and training any child who has been adjudicated addicted,
18as a truant minor in need of supervision or as a minor
19requiring authoritative intervention, under the Juvenile Court
20Act or the Juvenile Court Act of 1987, but no such child shall
21be committed to the Department by any court without the
22approval of the Department. On and after January 1, 2015 (the
23effective date of Public Act 98-803) and before January 1,
242017, a minor charged with a criminal offense under the
25Criminal Code of 1961 or the Criminal Code of 2012 or
26adjudicated delinquent shall not be placed in the custody of

 

 

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1or committed to the Department by any court, except (i) a minor
2less than 16 years of age committed to the Department under
3Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
4for whom an independent basis of abuse, neglect, or dependency
5exists, which must be defined by departmental rule, or (iii) a
6minor for whom the court has granted a supplemental petition
7to reinstate wardship pursuant to subsection (2) of Section
82-33 of the Juvenile Court Act of 1987. On and after January 1,
92017, a minor charged with a criminal offense under the
10Criminal Code of 1961 or the Criminal Code of 2012 or
11adjudicated delinquent shall not be placed in the custody of
12or committed to the Department by any court, except (i) a minor
13less than 15 years of age committed to the Department under
14Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
15for whom an independent basis of abuse, neglect, or dependency
16exists, which must be defined by departmental rule, or (iii) a
17minor for whom the court has granted a supplemental petition
18to reinstate wardship pursuant to subsection (2) of Section
192-33 of the Juvenile Court Act of 1987. An independent basis
20exists when the allegations or adjudication of abuse, neglect,
21or dependency do not arise from the same facts, incident, or
22circumstances which give rise to a charge or adjudication of
23delinquency. The Department shall assign a caseworker to
24attend any hearing involving a youth in the care and custody of
25the Department who is placed on aftercare release, including
26hearings involving sanctions for violation of aftercare

 

 

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1release conditions and aftercare release revocation hearings.
2    As soon as is possible after August 7, 2009 (the effective
3date of Public Act 96-134), the Department shall develop and
4implement a special program of family preservation services to
5support intact, foster, and adoptive families who are
6experiencing extreme hardships due to the difficulty and
7stress of caring for a child who has been diagnosed with a
8pervasive developmental disorder if the Department determines
9that those services are necessary to ensure the health and
10safety of the child. The Department may offer services to any
11family whether or not a report has been filed under the Abused
12and Neglected Child Reporting Act. The Department may refer
13the child or family to services available from other agencies
14in the community if the conditions in the child's or family's
15home are reasonably likely to subject the child or family to
16future reports of suspected child abuse or neglect. Acceptance
17of these services shall be voluntary. The Department shall
18develop and implement a public information campaign to alert
19health and social service providers and the general public
20about these special family preservation services. The nature
21and scope of the services offered and the number of families
22served under the special program implemented under this
23paragraph shall be determined by the level of funding that the
24Department annually allocates for this purpose. The term
25"pervasive developmental disorder" under this paragraph means
26a neurological condition, including, but not limited to,

 

 

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1Asperger's Syndrome and autism, as defined in the most recent
2edition of the Diagnostic and Statistical Manual of Mental
3Disorders of the American Psychiatric Association.
4    (l-1) The legislature recognizes that the best interests
5of the child require that the child be placed in the most
6permanent living arrangement as soon as is practically
7possible. To achieve this goal, the legislature directs the
8Department of Children and Family Services to conduct
9concurrent planning so that permanency may occur at the
10earliest opportunity. Permanent living arrangements may
11include prevention of placement of a child outside the home of
12the family when the child can be cared for at home without
13endangering the child's health or safety; reunification with
14the family, when safe and appropriate, if temporary placement
15is necessary; or movement of the child toward the most
16permanent living arrangement and permanent legal status.
17    When determining reasonable efforts to be made with
18respect to a child, as described in this subsection, and in
19making such reasonable efforts, the child's health and safety
20shall be the paramount concern.
21    When a child is placed in foster care, the Department
22shall ensure and document that reasonable efforts were made to
23prevent or eliminate the need to remove the child from the
24child's home. The Department must make reasonable efforts to
25reunify the family when temporary placement of the child
26occurs unless otherwise required, pursuant to the Juvenile

 

 

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1Court Act of 1987. At any time after the dispositional hearing
2where the Department believes that further reunification
3services would be ineffective, it may request a finding from
4the court that reasonable efforts are no longer appropriate.
5The Department is not required to provide further
6reunification services after such a finding.
7    A decision to place a child in substitute care shall be
8made with considerations of the child's health, safety, and
9best interests. At the time of placement, consideration should
10also be given so that if reunification fails or is delayed, the
11placement made is the best available placement to provide
12permanency for the child.
13    The Department shall adopt rules addressing concurrent
14planning for reunification and permanency. The Department
15shall consider the following factors when determining
16appropriateness of concurrent planning:
17        (1) the likelihood of prompt reunification;
18        (2) the past history of the family;
19        (3) the barriers to reunification being addressed by
20    the family;
21        (4) the level of cooperation of the family;
22        (5) the foster parents' willingness to work with the
23    family to reunite;
24        (6) the willingness and ability of the foster family
25    to provide an adoptive home or long-term placement;
26        (7) the age of the child;

 

 

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1        (8) placement of siblings.
2    (m) The Department may assume temporary custody of any
3child if:
4        (1) it has received a written consent to such
5    temporary custody signed by the parents of the child or by
6    the parent having custody of the child if the parents are
7    not living together or by the guardian or custodian of the
8    child if the child is not in the custody of either parent,
9    or
10        (2) the child is found in the State and neither a
11    parent, guardian nor custodian of the child can be
12    located.
13If the child is found in his or her residence without a parent,
14guardian, custodian, or responsible caretaker, the Department
15may, instead of removing the child and assuming temporary
16custody, place an authorized representative of the Department
17in that residence until such time as a parent, guardian, or
18custodian enters the home and expresses a willingness and
19apparent ability to ensure the child's health and safety and
20resume permanent charge of the child, or until a relative
21enters the home and is willing and able to ensure the child's
22health and safety and assume charge of the child until a
23parent, guardian, or custodian enters the home and expresses
24such willingness and ability to ensure the child's safety and
25resume permanent charge. After a caretaker has remained in the
26home for a period not to exceed 12 hours, the Department must

 

 

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1follow those procedures outlined in Section 2-9, 3-11, 4-8, or
25-415 of the Juvenile Court Act of 1987.
3    The Department shall have the authority, responsibilities
4and duties that a legal custodian of the child would have
5pursuant to subsection (9) of Section 1-3 of the Juvenile
6Court Act of 1987. Whenever a child is taken into temporary
7custody pursuant to an investigation under the Abused and
8Neglected Child Reporting Act, or pursuant to a referral and
9acceptance under the Juvenile Court Act of 1987 of a minor in
10limited custody, the Department, during the period of
11temporary custody and before the child is brought before a
12judicial officer as required by Section 2-9, 3-11, 4-8, or
135-415 of the Juvenile Court Act of 1987, shall have the
14authority, responsibilities and duties that a legal custodian
15of the child would have under subsection (9) of Section 1-3 of
16the Juvenile Court Act of 1987.
17    The Department shall ensure that any child taken into
18custody is scheduled for an appointment for a medical
19examination.
20    A parent, guardian, or custodian of a child in the
21temporary custody of the Department who would have custody of
22the child if he were not in the temporary custody of the
23Department may deliver to the Department a signed request that
24the Department surrender the temporary custody of the child.
25The Department may retain temporary custody of the child for
2610 days after the receipt of the request, during which period

 

 

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1the Department may cause to be filed a petition pursuant to the
2Juvenile Court Act of 1987. If a petition is so filed, the
3Department shall retain temporary custody of the child until
4the court orders otherwise. If a petition is not filed within
5the 10-day period, the child shall be surrendered to the
6custody of the requesting parent, guardian, or custodian not
7later than the expiration of the 10-day period, at which time
8the authority and duties of the Department with respect to the
9temporary custody of the child shall terminate.
10    (m-1) The Department may place children under 18 years of
11age in a secure child care facility licensed by the Department
12that cares for children who are in need of secure living
13arrangements for their health, safety, and well-being after a
14determination is made by the facility director and the
15Director or the Director's designate prior to admission to the
16facility subject to Section 2-27.1 of the Juvenile Court Act
17of 1987. This subsection (m-1) does not apply to a child who is
18subject to placement in a correctional facility operated
19pursuant to Section 3-15-2 of the Unified Code of Corrections,
20unless the child is a youth in care who was placed in the care
21of the Department before being subject to placement in a
22correctional facility and a court of competent jurisdiction
23has ordered placement of the child in a secure care facility.
24    (n) The Department may place children under 18 years of
25age in licensed child care facilities when in the opinion of
26the Department, appropriate services aimed at family

 

 

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1preservation have been unsuccessful and cannot ensure the
2child's health and safety or are unavailable and such
3placement would be for their best interest. Payment for board,
4clothing, care, training and supervision of any child placed
5in a licensed child care facility may be made by the
6Department, by the parents or guardians of the estates of
7those children, or by both the Department and the parents or
8guardians, except that no payments shall be made by the
9Department for any child placed in a licensed child care
10facility for board, clothing, care, training and supervision
11of such a child that exceed the average per capita cost of
12maintaining and of caring for a child in institutions for
13dependent or neglected children operated by the Department.
14However, such restriction on payments does not apply in cases
15where children require specialized care and treatment for
16problems of severe emotional disturbance, physical disability,
17social adjustment, or any combination thereof and suitable
18facilities for the placement of such children are not
19available at payment rates within the limitations set forth in
20this Section. All reimbursements for services delivered shall
21be absolutely inalienable by assignment, sale, attachment, or
22garnishment or otherwise.
23    (n-1) The Department shall provide or authorize child
24welfare services, aimed at assisting minors to achieve
25sustainable self-sufficiency as independent adults, for any
26minor eligible for the reinstatement of wardship pursuant to

 

 

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1subsection (2) of Section 2-33 of the Juvenile Court Act of
21987, whether or not such reinstatement is sought or allowed,
3provided that the minor consents to such services and has not
4yet attained the age of 21. The Department shall have
5responsibility for the development and delivery of services
6under this Section. An eligible youth may access services
7under this Section through the Department of Children and
8Family Services or by referral from the Department of Human
9Services. Youth participating in services under this Section
10shall cooperate with the assigned case manager in developing
11an agreement identifying the services to be provided and how
12the youth will increase skills to achieve self-sufficiency. A
13homeless shelter is not considered appropriate housing for any
14youth receiving child welfare services under this Section. The
15Department shall continue child welfare services under this
16Section to any eligible minor until the minor becomes 21 years
17of age, no longer consents to participate, or achieves
18self-sufficiency as identified in the minor's service plan.
19The Department of Children and Family Services shall create
20clear, readable notice of the rights of former foster youth to
21child welfare services under this Section and how such
22services may be obtained. The Department of Children and
23Family Services and the Department of Human Services shall
24disseminate this information statewide. The Department shall
25adopt regulations describing services intended to assist
26minors in achieving sustainable self-sufficiency as

 

 

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1independent adults.
2    (o) The Department shall establish an administrative
3review and appeal process for children and families who
4request or receive child welfare services from the Department.
5Youth in care who are placed by private child welfare
6agencies, and foster families with whom those youth are
7placed, shall be afforded the same procedural and appeal
8rights as children and families in the case of placement by the
9Department, including the right to an initial review of a
10private agency decision by that agency. The Department shall
11ensure that any private child welfare agency, which accepts
12youth in care for placement, affords those rights to children
13and foster families. The Department shall accept for
14administrative review and an appeal hearing a complaint made
15by (i) a child or foster family concerning a decision
16following an initial review by a private child welfare agency
17or (ii) a prospective adoptive parent who alleges a violation
18of subsection (j-5) of this Section. An appeal of a decision
19concerning a change in the placement of a child shall be
20conducted in an expedited manner. A court determination that a
21current foster home placement is necessary and appropriate
22under Section 2-28 of the Juvenile Court Act of 1987 does not
23constitute a judicial determination on the merits of an
24administrative appeal, filed by a former foster parent,
25involving a change of placement decision.
26    (p) (Blank).

 

 

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1    (q) The Department may receive and use, in their entirety,
2for the benefit of children any gift, donation, or bequest of
3money or other property which is received on behalf of such
4children, or any financial benefits to which such children are
5or may become entitled while under the jurisdiction or care of
6the Department, except that the benefits described in Section
75.46 must be used and conserved consistent with the provisions
8under Section 5.46.
9    The Department shall set up and administer no-cost,
10interest-bearing accounts in appropriate financial
11institutions for children for whom the Department is legally
12responsible and who have been determined eligible for
13Veterans' Benefits, Social Security benefits, assistance
14allotments from the armed forces, court ordered payments,
15parental voluntary payments, Supplemental Security Income,
16Railroad Retirement payments, Black Lung benefits, or other
17miscellaneous payments. Interest earned by each account shall
18be credited to the account, unless disbursed in accordance
19with this subsection.
20    In disbursing funds from children's accounts, the
21Department shall:
22        (1) Establish standards in accordance with State and
23    federal laws for disbursing money from children's
24    accounts. In all circumstances, the Department's
25    "Guardianship Administrator" or his or her designee must
26    approve disbursements from children's accounts. The

 

 

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1    Department shall be responsible for keeping complete
2    records of all disbursements for each account for any
3    purpose.
4        (2) Calculate on a monthly basis the amounts paid from
5    State funds for the child's board and care, medical care
6    not covered under Medicaid, and social services; and
7    utilize funds from the child's account, as covered by
8    regulation, to reimburse those costs. Monthly,
9    disbursements from all children's accounts, up to 1/12 of
10    $13,000,000, shall be deposited by the Department into the
11    General Revenue Fund and the balance over 1/12 of
12    $13,000,000 into the DCFS Children's Services Fund.
13        (3) Maintain any balance remaining after reimbursing
14    for the child's costs of care, as specified in item (2).
15    The balance shall accumulate in accordance with relevant
16    State and federal laws and shall be disbursed to the child
17    or his or her guardian, or to the issuing agency.
18    (r) The Department shall promulgate regulations
19encouraging all adoption agencies to voluntarily forward to
20the Department or its agent names and addresses of all persons
21who have applied for and have been approved for adoption of a
22hard-to-place child or child with a disability and the names
23of such children who have not been placed for adoption. A list
24of such names and addresses shall be maintained by the
25Department or its agent, and coded lists which maintain the
26confidentiality of the person seeking to adopt the child and

 

 

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1of the child shall be made available, without charge, to every
2adoption agency in the State to assist the agencies in placing
3such children for adoption. The Department may delegate to an
4agent its duty to maintain and make available such lists. The
5Department shall ensure that such agent maintains the
6confidentiality of the person seeking to adopt the child and
7of the child.
8    (s) The Department of Children and Family Services may
9establish and implement a program to reimburse Department and
10private child welfare agency foster parents licensed by the
11Department of Children and Family Services for damages
12sustained by the foster parents as a result of the malicious or
13negligent acts of foster children, as well as providing third
14party coverage for such foster parents with regard to actions
15of foster children to other individuals. Such coverage will be
16secondary to the foster parent liability insurance policy, if
17applicable. The program shall be funded through appropriations
18from the General Revenue Fund, specifically designated for
19such purposes.
20    (t) The Department shall perform home studies and
21investigations and shall exercise supervision over visitation
22as ordered by a court pursuant to the Illinois Marriage and
23Dissolution of Marriage Act or the Adoption Act only if:
24        (1) an order entered by an Illinois court specifically
25    directs the Department to perform such services; and
26        (2) the court has ordered one or both of the parties to

 

 

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1    the proceeding to reimburse the Department for its
2    reasonable costs for providing such services in accordance
3    with Department rules, or has determined that neither
4    party is financially able to pay.
5    The Department shall provide written notification to the
6court of the specific arrangements for supervised visitation
7and projected monthly costs within 60 days of the court order.
8The Department shall send to the court information related to
9the costs incurred except in cases where the court has
10determined the parties are financially unable to pay. The
11court may order additional periodic reports as appropriate.
12    (u) In addition to other information that must be
13provided, whenever the Department places a child with a
14prospective adoptive parent or parents, in a licensed foster
15home, group home, or child care institution, or in a relative
16home, the Department shall provide to the prospective adoptive
17parent or parents or other caretaker:
18        (1) available detailed information concerning the
19    child's educational and health history, copies of
20    immunization records (including insurance and medical card
21    information), a history of the child's previous
22    placements, if any, and reasons for placement changes
23    excluding any information that identifies or reveals the
24    location of any previous caretaker;
25        (2) a copy of the child's portion of the client
26    service plan, including any visitation arrangement, and

 

 

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1    all amendments or revisions to it as related to the child;
2    and
3        (3) information containing details of the child's
4    individualized educational plan when the child is
5    receiving special education services.
6    The caretaker shall be informed of any known social or
7behavioral information (including, but not limited to,
8criminal background, fire setting, perpetuation of sexual
9abuse, destructive behavior, and substance abuse) necessary to
10care for and safeguard the children to be placed or currently
11in the home. The Department may prepare a written summary of
12the information required by this paragraph, which may be
13provided to the foster or prospective adoptive parent in
14advance of a placement. The foster or prospective adoptive
15parent may review the supporting documents in the child's file
16in the presence of casework staff. In the case of an emergency
17placement, casework staff shall at least provide known
18information verbally, if necessary, and must subsequently
19provide the information in writing as required by this
20subsection.
21    The information described in this subsection shall be
22provided in writing. In the case of emergency placements when
23time does not allow prior review, preparation, and collection
24of written information, the Department shall provide such
25information as it becomes available. Within 10 business days
26after placement, the Department shall obtain from the

 

 

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1prospective adoptive parent or parents or other caretaker a
2signed verification of receipt of the information provided.
3Within 10 business days after placement, the Department shall
4provide to the child's guardian ad litem a copy of the
5information provided to the prospective adoptive parent or
6parents or other caretaker. The information provided to the
7prospective adoptive parent or parents or other caretaker
8shall be reviewed and approved regarding accuracy at the
9supervisory level.
10    (u-5) Effective July 1, 1995, only foster care placements
11licensed as foster family homes pursuant to the Child Care Act
12of 1969 shall be eligible to receive foster care payments from
13the Department. Relative caregivers who, as of July 1, 1995,
14were approved pursuant to approved relative placement rules
15previously promulgated by the Department at 89 Ill. Adm. Code
16335 and had submitted an application for licensure as a foster
17family home may continue to receive foster care payments only
18until the Department determines that they may be licensed as a
19foster family home or that their application for licensure is
20denied or until September 30, 1995, whichever occurs first.
21    (v) The Department shall access criminal history record
22information as defined in the Illinois Uniform Conviction
23Information Act and information maintained in the adjudicatory
24and dispositional record system as defined in Section 2605-355
25of the Illinois State Police Law if the Department determines
26the information is necessary to perform its duties under the

 

 

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1Abused and Neglected Child Reporting Act, the Child Care Act
2of 1969, and the Children and Family Services Act. The
3Department shall provide for interactive computerized
4communication and processing equipment that permits direct
5on-line communication with the Illinois State Police's central
6criminal history data repository. The Department shall comply
7with all certification requirements and provide certified
8operators who have been trained by personnel from the Illinois
9State Police. In addition, one Office of the Inspector General
10investigator shall have training in the use of the criminal
11history information access system and have access to the
12terminal. The Department of Children and Family Services and
13its employees shall abide by rules and regulations established
14by the Illinois State Police relating to the access and
15dissemination of this information.
16    (v-1) Prior to final approval for placement of a child,
17the Department shall conduct a criminal records background
18check of the prospective foster or adoptive parent, including
19fingerprint-based checks of national crime information
20databases. Final approval for placement shall not be granted
21if the record check reveals a felony conviction for child
22abuse or neglect, for spousal abuse, for a crime against
23children, or for a crime involving violence, including rape,
24sexual assault, or homicide, but not including other physical
25assault or battery, or if there is a felony conviction for
26physical assault, battery, or a drug-related offense committed

 

 

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1within the past 5 years.
2    (v-2) Prior to final approval for placement of a child,
3the Department shall check its child abuse and neglect
4registry for information concerning prospective foster and
5adoptive parents, and any adult living in the home. If any
6prospective foster or adoptive parent or other adult living in
7the home has resided in another state in the preceding 5 years,
8the Department shall request a check of that other state's
9child abuse and neglect registry.
10    (w) Within 120 days of August 20, 1995 (the effective date
11of Public Act 89-392), the Department shall prepare and submit
12to the Governor and the General Assembly, a written plan for
13the development of in-state licensed secure child care
14facilities that care for children who are in need of secure
15living arrangements for their health, safety, and well-being.
16For purposes of this subsection, secure care facility shall
17mean a facility that is designed and operated to ensure that
18all entrances and exits from the facility, a building or a
19distinct part of the building, are under the exclusive control
20of the staff of the facility, whether or not the child has the
21freedom of movement within the perimeter of the facility,
22building, or distinct part of the building. The plan shall
23include descriptions of the types of facilities that are
24needed in Illinois; the cost of developing these secure care
25facilities; the estimated number of placements; the potential
26cost savings resulting from the movement of children currently

 

 

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1out-of-state who are projected to be returned to Illinois; the
2necessary geographic distribution of these facilities in
3Illinois; and a proposed timetable for development of such
4facilities.
5    (x) The Department shall conduct annual credit history
6checks to determine the financial history of children placed
7under its guardianship pursuant to the Juvenile Court Act of
81987. The Department shall conduct such credit checks starting
9when a youth in care turns 12 years old and each year
10thereafter for the duration of the guardianship as terminated
11pursuant to the Juvenile Court Act of 1987. The Department
12shall determine if financial exploitation of the child's
13personal information has occurred. If financial exploitation
14appears to have taken place or is presently ongoing, the
15Department shall notify the proper law enforcement agency, the
16proper State's Attorney, or the Attorney General.
17    (y) Beginning on July 22, 2010 (the effective date of
18Public Act 96-1189), a child with a disability who receives
19residential and educational services from the Department shall
20be eligible to receive transition services in accordance with
21Article 14 of the School Code from the age of 14.5 through age
2221, inclusive, notwithstanding the child's residential
23services arrangement. For purposes of this subsection, "child
24with a disability" means a child with a disability as defined
25by the federal Individuals with Disabilities Education
26Improvement Act of 2004.

 

 

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1    (z) The Department shall access criminal history record
2information as defined as "background information" in this
3subsection and criminal history record information as defined
4in the Illinois Uniform Conviction Information Act for each
5Department employee or Department applicant. Each Department
6employee or Department applicant shall submit his or her
7fingerprints to the Illinois State Police in the form and
8manner prescribed by the Illinois State Police. These
9fingerprints shall be checked against the fingerprint records
10now and hereafter filed in the Illinois State Police and the
11Federal Bureau of Investigation criminal history records
12databases. The Illinois State Police shall charge a fee for
13conducting the criminal history record check, which shall be
14deposited into the State Police Services Fund and shall not
15exceed the actual cost of the record check. The Illinois State
16Police shall furnish, pursuant to positive identification, all
17Illinois conviction information to the Department of Children
18and Family Services.
19    For purposes of this subsection:
20    "Background information" means all of the following:
21        (i) Upon the request of the Department of Children and
22    Family Services, conviction information obtained from the
23    Illinois State Police as a result of a fingerprint-based
24    criminal history records check of the Illinois criminal
25    history records database and the Federal Bureau of
26    Investigation criminal history records database concerning

 

 

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1    a Department employee or Department applicant.
2        (ii) Information obtained by the Department of
3    Children and Family Services after performing a check of
4    the Illinois State Police's Sex Offender Database, as
5    authorized by Section 120 of the Sex Offender Community
6    Notification Law, concerning a Department employee or
7    Department applicant.
8        (iii) Information obtained by the Department of
9    Children and Family Services after performing a check of
10    the Child Abuse and Neglect Tracking System (CANTS)
11    operated and maintained by the Department.
12    "Department employee" means a full-time or temporary
13employee coded or certified within the State of Illinois
14Personnel System.
15    "Department applicant" means an individual who has
16conditional Department full-time or part-time work, a
17contractor, an individual used to replace or supplement staff,
18an academic intern, a volunteer in Department offices or on
19Department contracts, a work-study student, an individual or
20entity licensed by the Department, or an unlicensed service
21provider who works as a condition of a contract or an agreement
22and whose work may bring the unlicensed service provider into
23contact with Department clients or client records.
24(Source: P.A. 101-13, eff. 6-12-19; 101-79, eff. 7-12-19;
25101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 102-558, eff.
268-20-21; 102-1014, eff. 5-27-22.)
 

 

 

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1    (20 ILCS 505/17a-11 rep.)
2    Section 5. The Children and Family Services Act is amended
3by repealing Section 17a-11.".