093_HB3805 LRB093 11645 BDD 15108 b 1 AN ACT concerning children. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Children and Family Services Act is 5 amended 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 8 Children and Family Services. To provide direct child 9 welfare services when not available through other public or 10 private child 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 14 includes persons under age 19 who: 15 (A) were committed to the Department pursuant 16 to the Juvenile Court Act or the Juvenile Court Act 17 of 1987, as amended, prior to the age of 18 and who 18 continue under the jurisdiction of the court; or 19 (B) were accepted for care, service and 20 training by the Department prior to the age of 18 21 and whose best interest in the discretion of the 22 Department would be served by continuing that care, 23 service and training because of severe emotional 24 disturbances, physical disability, social adjustment 25 or any combination thereof, or because of the need 26 to complete an educational or vocational training 27 program. 28 (2) "Homeless youth" means persons found within the 29 State who are under the age of 19, are not in a safe and 30 stable living situation and cannot be reunited with their 31 families. -2- LRB093 11645 BDD 15108 b 1 (3) "Child welfare services" means public social 2 services which are directed toward the accomplishment of 3 the following purposes: 4 (A) protecting and promoting the health, 5 safety and welfare of children, including homeless, 6 dependent or neglected children; 7 (B) remedying, or assisting in the solution of 8 problems which may result in, the neglect, abuse, 9 exploitation or delinquency of children; 10 (C) preventing the unnecessary separation of 11 children from their families by identifying family 12 problems, assisting families in resolving their 13 problems, and preventing the breakup of the family 14 where the prevention of child removal is desirable 15 and possible when the child can be cared for at home 16 without endangering the child's health and safety; 17 (D) restoring to their families children who 18 have been removed, by the provision of services to 19 the child and the families when the child can be 20 cared for at home without endangering the child's 21 health and safety; 22 (E) placing children in suitable adoptive 23 homes, in cases where restoration to the biological 24 family is not safe, possible or appropriate; 25 (F) assuring safe and adequate care of 26 children away from their homes, in cases where the 27 child cannot be returned home or cannot be placed 28 for adoption. At the time of placement, the 29 Department shall consider concurrent planning, as 30 described in subsection (l-1) of this Section so 31 that permanency may occur at the earliest 32 opportunity. Consideration should be given so that 33 if reunification fails or is delayed, the placement 34 made is the best available placement to provide -3- LRB093 11645 BDD 15108 b 1 permanency for the child; 2 (G) (blank); 3 (H) (blank); and 4 (I) placing and maintaining children in 5 facilities that provide separate living quarters for 6 children under the age of 18 and for children 18 7 years of age and older, unless a child 18 years of 8 age is in the last year of high school education or 9 vocational training, in an approved individual or 10 group treatment program, in a licensed shelter 11 facility, or secure child care facility. The 12 Department is not required to place or maintain 13 children: 14 (i) who are in a foster home, or 15 (ii) who are persons with a developmental 16 disability, as defined in the Mental Health and 17 Developmental Disabilities Code, or 18 (iii) who are female children who are 19 pregnant, pregnant and parenting or parenting, 20 or 21 (iv) who are siblings, 22 in facilities that provide separate living quarters 23 for children 18 years of age and older and for 24 children under 18 years of age. 25 (b) Nothing in this Section shall be construed to 26 authorize the expenditure of public funds for the purpose of 27 performing abortions. 28 (c) The Department shall establish and maintain 29 tax-supported child welfare services and extend and seek to 30 improve voluntary services throughout the State, to the end 31 that services and care shall be available on an equal basis 32 throughout the State to children requiring such services. 33 (d) The Director may authorize advance disbursements for 34 any new program initiative to any agency contracting with the -4- LRB093 11645 BDD 15108 b 1 Department. As a prerequisite for an advance disbursement, 2 the contractor must post a surety bond in the amount of the 3 advance disbursement and have a purchase of service contract 4 approved by the Department. The Department may pay up to 2 5 months operational expenses in advance. The amount of the 6 advance disbursement shall be prorated over the life of the 7 contract or the remaining months of the fiscal year, 8 whichever is less, and the installment amount shall then be 9 deducted from future bills. Advance disbursement 10 authorizations for new initiatives shall not be made to any 11 agency after that agency has operated during 2 consecutive 12 fiscal years. The requirements of this Section concerning 13 advance disbursements shall not apply with respect to the 14 following: payments to local public agencies for child day 15 care services as authorized by Section 5a of this Act; and 16 youth service programs receiving grant funds under Section 17 17a-4. 18 (e) (Blank). 19 (f) (Blank). 20 (g) The Department shall establish rules and regulations 21 concerning its operation of programs designed to meet the 22 goals of child safety and protection, family preservation, 23 family reunification, and adoption, including but not limited 24 to: 25 (1) adoption; 26 (2) foster care; 27 (3) family counseling; 28 (4) protective services; 29 (5) (blank); 30 (6) homemaker service; 31 (7) return of runaway children; 32 (8) (blank); 33 (9) placement under Section 5-7 of the Juvenile 34 Court Act or Section 2-27, 3-28, 4-25 or 5-740 of the -5- LRB093 11645 BDD 15108 b 1 Juvenile Court Act of 1987 in accordance with the federal 2 Adoption Assistance and Child Welfare Act of 1980; and 3 (10) interstate services. 4 Rules and regulations established by the Department shall 5 include provisions for training Department staff and the 6 staff of Department grantees, through contracts with other 7 agencies or resources, in alcohol and drug abuse screening 8 techniques approved by the Department of Human Services, as a 9 successor to the Department of Alcoholism and Substance 10 Abuse, for the purpose of identifying children and adults who 11 should be referred to an alcohol and drug abuse treatment 12 program for professional evaluation. 13 (h) If the Department finds that there is no appropriate 14 program or facility within or available to the Department for 15 a ward and that no licensed private facility has an adequate 16 and appropriate program or none agrees to accept the ward, 17 the Department shall create an appropriate individualized, 18 program-oriented plan for such ward. The plan may be 19 developed within the Department or through purchase of 20 services by the Department to the extent that it is within 21 its statutory authority to do. 22 (i) Service programs shall be available throughout the 23 State and shall include but not be limited to the following 24 services: 25 (1) case management; 26 (2) homemakers; 27 (3) counseling; 28 (4) parent education; 29 (5) day care; and 30 (6) emergency assistance and advocacy. 31 In addition, the following services may be made available 32 to assess and meet the needs of children and families: 33 (1) comprehensive family-based services; 34 (2) assessments; -6- LRB093 11645 BDD 15108 b 1 (3) respite care; and 2 (4) in-home health services. 3 The Department shall provide transportation for any of 4 the services it makes available to children or families or 5 for which it refers children or families. 6 (j) The Department may provide categories of financial 7 assistance and education assistance grants, and shall 8 establish rules and regulations concerning the assistance and 9 grants, to persons who adopt physically or mentally 10 handicapped, older and other hard-to-place children who (i) 11 immediately prior to their adoption were legal wards of the 12 Department or (ii) were determined eligible for financial 13 assistance with respect to a prior adoption and who become 14 available for adoption because the prior adoption has been 15 dissolved and the parental rights of the adoptive parents 16 have been terminated or because the child's adoptive parents 17 have died. The Department may also provide categories of 18 financial assistance and education assistance grants, and 19 shall establish rules and regulations for the assistance and 20 grants, to persons appointed guardian of the person under 21 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28, 22 4-25 or 5-740 of the Juvenile Court Act of 1987 for children 23 who were wards of the Department for 12 months immediately 24 prior to the appointment of the guardian. 25 The amount of assistance may vary, depending upon the 26 needs of the child and the adoptive parents, as set forth in 27 the annual assistance agreement. Special purpose grants are 28 allowed where the child requires special service but such 29 costs may not exceed the amounts which similar services would 30 cost the Department if it were to provide or secure them as 31 guardian of the child. 32 Any financial assistance provided under this subsection 33 is inalienable by assignment, sale, execution, attachment, 34 garnishment, or any other remedy for recovery or collection -7- LRB093 11645 BDD 15108 b 1 of a judgment or debt. 2 (j-5) The Department shall not deny or delay the 3 placement of a child for adoption if an approved family is 4 available either outside of the Department region handling 5 the case, or outside of the State of Illinois. 6 (k) The Department shall accept for care and training 7 any child who has been adjudicated neglected or abused, or 8 dependent committed to it pursuant to the Juvenile Court Act 9 or the Juvenile Court Act of 1987. 10 (l) Before July 1, 2000, the Department may provide, and 11 beginning July 1, 2000, the Department shall offer family 12 preservation services, as defined in Section 8.2 of the 13 Abused and Neglected Child Reporting Act, to help families, 14 including adoptive and extended families. Family preservation 15 services shall be offered (i) to prevent the placement of 16 children in substitute care when the children can be cared 17 for at home or in the custody of the person responsible for 18 the children's welfare, (ii) to reunite children with their 19 families,or(iii) to maintain a foster family, or (iv) to 20 maintain an adoptive placement. Family preservation services 21 shall only be offered when doing so will not endanger the 22 children's health or safety. With respect to children who 23 are in substitute care pursuant to the Juvenile Court Act of 24 1987, family preservation services shall not be offered if a 25 goal other than those of subdivisions (A), (B), or (B-1) of 26 subsection (2) of Section 2-28 of that Act has been set. 27 Nothing in this paragraph shall be construed to create a 28 private right of action or claim on the part of any 29 individual or child welfare agency. 30 The Department shall notify the child and his family of 31 the Department's responsibility to offer and provide family 32 preservation services as identified in the service plan. The 33 child and his family shall be eligible for services as soon 34 as the report is determined to be "indicated". The -8- LRB093 11645 BDD 15108 b 1 Department may offer services to any child or family with 2 respect to whom a report of suspected child abuse or neglect 3 has been filed, prior to concluding its investigation under 4 Section 7.12 of the Abused and Neglected Child Reporting Act. 5 However, the child's or family's willingness to accept 6 services shall not be considered in the investigation. The 7 Department may also provide services to any child or family 8 who is the subject of any report of suspected child abuse or 9 neglect or may refer such child or family to services 10 available from other agencies in the community, even if the 11 report is determined to be unfounded, if the conditions in 12 the child's or family's home are reasonably likely to subject 13 the child or family to future reports of suspected child 14 abuse or neglect. Acceptance of such services shall be 15 voluntary. 16 The Department may, at its discretion except for those 17 children also adjudicated neglected or dependent, accept for 18 care and training any child who has been adjudicated 19 addicted, as a truant minor in need of supervision or as a 20 minor requiring authoritative intervention, under the 21 Juvenile Court Act or the Juvenile Court Act of 1987, but no 22 such child shall be committed to the Department by any court 23 without the approval of the Department. A minor charged with 24 a criminal offense under the Criminal Code of 1961 or 25 adjudicated delinquent shall not be placed in the custody of 26 or committed to the Department by any court, except a minor 27 less than 13 years of age committed to the Department under 28 Section 5-710 of the Juvenile Court Act of 1987. 29 (l-1) The legislature recognizes that the best interests 30 of the child require that the child be placed in the most 31 permanent living arrangement as soon as is practically 32 possible. To achieve this goal, the legislature directs the 33 Department of Children and Family Services to conduct 34 concurrent planning so that permanency may occur at the -9- LRB093 11645 BDD 15108 b 1 earliest opportunity. Permanent living arrangements may 2 include prevention of placement of a child outside the home 3 of the family when the child can be cared for at home without 4 endangering the child's health or safety; reunification with 5 the family, when safe and appropriate, if temporary placement 6 is necessary; or movement of the child toward the most 7 permanent living arrangement and permanent legal status. The 8 Department shall offer and provide family preservation 9 services requested by a foster family that may be necessary 10 to maintain a safe and appropriate temporary placement of a 11 child under this Section. The Department shall prescribe 12 foster family preservation services and the criteria, 13 standards, and procedures for the provision of these services 14 that will provide the most stable living arrangement for that 15 child and prevent, to the greatest extent possible, multiple 16 temporary placements pending a permanent living arrangement 17 and permanent legal status. 18 When determining reasonable efforts to be made with 19 respect to a child, as described in this subsection, and in 20 making such reasonable efforts, the child's health and safety 21 shall be the paramount concern. 22 When a child is placed in foster care, the Department 23 shall ensure and document that reasonable efforts were made 24 to prevent or eliminate the need to remove the child from the 25 child's home. The Department must make reasonable efforts to 26 reunify the family when temporary placement of the child 27 occurs unless otherwise required, pursuant to the Juvenile 28 Court Act of 1987. At any time after the dispositional 29 hearing where the Department believes that further 30 reunification services would be ineffective, it may request a 31 finding from the court that reasonable efforts are no longer 32 appropriate. The Department is not required to provide 33 further reunification services after such a finding. 34 A decision to place a child in substitute care shall be -10- LRB093 11645 BDD 15108 b 1 made with considerations of the child's health, safety, and 2 best interests. At the time of placement, consideration 3 should also be given so that if reunification fails or is 4 delayed, the placement made is the best available placement 5 to provide permanency for the child. 6 The Department shall adopt rules addressing concurrent 7 planning for reunification and permanency. The Department 8 shall consider the following factors when determining 9 appropriateness of concurrent planning: 10 (1) the likelihood of prompt reunification; 11 (2) the past history of the family; 12 (3) the barriers to reunification being addressed 13 by the family; 14 (4) the level of cooperation of the family; 15 (5) the foster parents' willingness to work with 16 the family to reunite; 17 (6) the willingness and ability of the foster 18 family to provide an adoptive home or long-term 19 placement; 20 (7) the age of the child; 21 (8) placement of siblings. 22 (m) The Department may assume temporary custody of any 23 child if: 24 (1) it has received a written consent to such 25 temporary custody signed by the parents of the child or 26 by the parent having custody of the child if the parents 27 are not living together or by the guardian or custodian 28 of the child if the child is not in the custody of either 29 parent, or 30 (2) the child is found in the State and neither a 31 parent, guardian nor custodian of the child can be 32 located. 33 If the child is found in his or her residence without a 34 parent, guardian, custodian or responsible caretaker, the -11- LRB093 11645 BDD 15108 b 1 Department may, instead of removing the child and assuming 2 temporary custody, place an authorized representative of the 3 Department in that residence until such time as a parent, 4 guardian or custodian enters the home and expresses a 5 willingness and apparent ability to ensure the child's health 6 and safety and resume permanent charge of the child, or until 7 a relative enters the home and is willing and able to ensure 8 the child's health and safety and assume charge of the child 9 until a parent, guardian or custodian enters the home and 10 expresses such willingness and ability to ensure the child's 11 safety and resume permanent charge. After a caretaker has 12 remained in the home for a period not to exceed 12 hours, the 13 Department must follow those procedures outlined in Section 14 2-9, 3-11, 4-8, or 5-415 of the Juvenile Court Act of 1987. 15 The Department shall have the authority, responsibilities 16 and duties that a legal custodian of the child would have 17 pursuant to subsection (9) of Section 1-3 of the Juvenile 18 Court Act of 1987. Whenever a child is taken into temporary 19 custody pursuant to an investigation under the Abused and 20 Neglected Child Reporting Act, or pursuant to a referral and 21 acceptance under the Juvenile Court Act of 1987 of a minor in 22 limited custody, the Department, during the period of 23 temporary custody and before the child is brought before a 24 judicial officer as required by Section 2-9, 3-11, 4-8, or 25 5-415 of the Juvenile Court Act of 1987, shall have the 26 authority, responsibilities and duties that a legal custodian 27 of the child would have under subsection (9) of Section 1-3 28 of the Juvenile Court Act of 1987. 29 The Department shall ensure that any child taken into 30 custody is scheduled for an appointment for a medical 31 examination. 32 A parent, guardian or custodian of a child in the 33 temporary custody of the Department who would have custody of 34 the child if he were not in the temporary custody of the -12- LRB093 11645 BDD 15108 b 1 Department may deliver to the Department a signed request 2 that the Department surrender the temporary custody of the 3 child. The Department may retain temporary custody of the 4 child for 10 days after the receipt of the request, during 5 which period the Department may cause to be filed a petition 6 pursuant to the Juvenile Court Act of 1987. If a petition is 7 so filed, the Department shall retain temporary custody of 8 the child until the court orders otherwise. If a petition is 9 not filed within the 10 day period, the child shall be 10 surrendered to the custody of the requesting parent, guardian 11 or custodian not later than the expiration of the 10 day 12 period, at which time the authority and duties of the 13 Department with respect to the temporary custody of the child 14 shall terminate. 15 (m-1) The Department may place children under 18 years 16 of age in a secure child care facility licensed by the 17 Department that cares for children who are in need of secure 18 living arrangements for their health, safety, and well-being 19 after a determination is made by the facility director and 20 the Director or the Director's designate prior to admission 21 to the facility subject to Section 2-27.1 of the Juvenile 22 Court Act of 1987. This subsection (m-1) does not apply to a 23 child who is subject to placement in a correctional facility 24 operated pursuant to Section 3-15-2 of the Unified Code of 25 Corrections, unless the child is a ward who was placed under 26 the care of the Department before being subject to placement 27 in a correctional facility and a court of competent 28 jurisdiction has ordered placement of the child in a secure 29 care facility. 30 (n) The Department may place children under 18 years of 31 age in licensed child care facilities when in the opinion of 32 the Department, appropriate services aimed at family 33 preservation have been unsuccessful and cannot ensure the 34 child's health and safety or are unavailable and such -13- LRB093 11645 BDD 15108 b 1 placement would be for their best interest. Payment for 2 board, clothing, care, training and supervision of any child 3 placed in a licensed child care facility may be made by the 4 Department, by the parents or guardians of the estates of 5 those children, or by both the Department and the parents or 6 guardians, except that no payments shall be made by the 7 Department for any child placed in a licensed child care 8 facility for board, clothing, care, training and supervision 9 of such a child that exceed the average per capita cost of 10 maintaining and of caring for a child in institutions for 11 dependent or neglected children operated by the Department. 12 However, such restriction on payments does not apply in cases 13 where children require specialized care and treatment for 14 problems of severe emotional disturbance, physical 15 disability, social adjustment, or any combination thereof and 16 suitable facilities for the placement of such children are 17 not available at payment rates within the limitations set 18 forth in this Section. All reimbursements for services 19 delivered shall be absolutely inalienable by assignment, 20 sale, attachment, garnishment or otherwise. 21 (o) The Department shall establish an administrative 22 review and appeal process for children and families who 23 request or receive child welfare services from the 24 Department. Children who are wards of the Department and are 25 placed by private child welfare agencies, and foster families 26 with whom those children are placed, shall be afforded the 27 same procedural and appeal rights as children and families in 28 the case of placement by the Department, including the right 29 to an initial review of a private agency decision by that 30 agency. The Department shall insure that any private child 31 welfare agency, which accepts wards of the Department for 32 placement, affords those rights to children and foster 33 families. The Department shall accept for administrative 34 review and an appeal hearing a complaint made by (i) a child -14- LRB093 11645 BDD 15108 b 1 or foster family concerning a decision following an initial 2 review by a private child welfare agency or (ii) a 3 prospective adoptive parent who alleges a violation of 4 subsection (j-5) of this Section. An appeal of a decision 5 concerning a change in the placement of a child shall be 6 conducted in an expedited manner. 7 (p) There is hereby created the Department of Children 8 and Family Services Emergency Assistance Fund from which the 9 Department may provide special financial assistance to 10 families which are in economic crisis when such assistance is 11 not available through other public or private sources and the 12 assistance is deemed necessary to prevent dissolution of the 13 family unit or to reunite families which have been separated 14 due to child abuse and neglect. The Department shall 15 establish administrative rules specifying the criteria for 16 determining eligibility for and the amount and nature of 17 assistance to be provided. The Department may also enter 18 into written agreements with private and public social 19 service agencies to provide emergency financial services to 20 families referred by the Department. Special financial 21 assistance payments shall be available to a family no more 22 than once during each fiscal year and the total payments to a 23 family may not exceed $500 during a fiscal year. 24 (q) The Department may receive and use, in their 25 entirety, for the benefit of children any gift, donation or 26 bequest of money or other property which is received on 27 behalf of such children, or any financial benefits to which 28 such children are or may become entitled while under the 29 jurisdiction or care of the Department. 30 The Department shall set up and administer no-cost, 31 interest-bearing accounts in appropriate financial 32 institutions for children for whom the Department is legally 33 responsible and who have been determined eligible for 34 Veterans' Benefits, Social Security benefits, assistance -15- LRB093 11645 BDD 15108 b 1 allotments from the armed forces, court ordered payments, 2 parental voluntary payments, Supplemental Security Income, 3 Railroad Retirement payments, Black Lung benefits, or other 4 miscellaneous payments. Interest earned by each account 5 shall be credited to the account, unless disbursed in 6 accordance with this subsection. 7 In disbursing funds from children's accounts, the 8 Department shall: 9 (1) Establish standards in accordance with State 10 and federal laws for disbursing money from children's 11 accounts. In all circumstances, the Department's 12 "Guardianship Administrator" or his or her designee must 13 approve disbursements from children's accounts. The 14 Department shall be responsible for keeping complete 15 records of all disbursements for each account for any 16 purpose. 17 (2) Calculate on a monthly basis the amounts paid 18 from State funds for the child's board and care, medical 19 care not covered under Medicaid, and social services; and 20 utilize funds from the child's account, as covered by 21 regulation, to reimburse those costs. Monthly, 22 disbursements from all children's accounts, up to 1/12 of 23 $13,000,000, shall be deposited by the Department into 24 the General Revenue Fund and the balance over 1/12 of 25 $13,000,000 into the DCFS Children's Services Fund. 26 (3) Maintain any balance remaining after 27 reimbursing for the child's costs of care, as specified 28 in item (2). The balance shall accumulate in accordance 29 with relevant State and federal laws and shall be 30 disbursed to the child or his or her guardian, or to the 31 issuing agency. 32 (r) The Department shall promulgate regulations 33 encouraging all adoption agencies to voluntarily forward to 34 the Department or its agent names and addresses of all -16- LRB093 11645 BDD 15108 b 1 persons who have applied for and have been approved for 2 adoption of a hard-to-place or handicapped child and the 3 names of such children who have not been placed for adoption. 4 A list of such names and addresses shall be maintained by the 5 Department or its agent, and coded lists which maintain the 6 confidentiality of the person seeking to adopt the child and 7 of the child shall be made available, without charge, to 8 every adoption agency in the State to assist the agencies in 9 placing such children for adoption. The Department may 10 delegate to an agent its duty to maintain and make available 11 such lists. The Department shall ensure that such agent 12 maintains the confidentiality of the person seeking to adopt 13 the child and of the child. 14 (s) The Department of Children and Family Services may 15 establish and implement a program to reimburse Department and 16 private child welfare agency foster parents licensed by the 17 Department of Children and Family Services for damages 18 sustained by the foster parents as a result of the malicious 19 or negligent acts of foster children, as well as providing 20 third party coverage for such foster parents with regard to 21 actions of foster children to other individuals. Such 22 coverage will be secondary to the foster parent liability 23 insurance policy, if applicable. The program shall be funded 24 through appropriations from the General Revenue Fund, 25 specifically designated for such purposes. 26 (t) The Department shall perform home studies and 27 investigations and shall exercise supervision over visitation 28 as ordered by a court pursuant to the Illinois Marriage and 29 Dissolution of Marriage Act or the Adoption Act only if: 30 (1) an order entered by an Illinois court 31 specifically directs the Department to perform such 32 services; and 33 (2) the court has ordered one or both of the 34 parties to the proceeding to reimburse the Department for -17- LRB093 11645 BDD 15108 b 1 its reasonable costs for providing such services in 2 accordance with Department rules, or has determined that 3 neither party is financially able to pay. 4 The Department shall provide written notification to the 5 court of the specific arrangements for supervised visitation 6 and projected monthly costs within 60 days of the court 7 order. The Department shall send to the court information 8 related to the costs incurred except in cases where the court 9 has determined the parties are financially unable to pay. The 10 court may order additional periodic reports as appropriate. 11 (u) Whenever the Department places a child in a licensed 12 foster home, group home, child care institution, or in a 13 relative home, the Department shall provide to the caretaker: 14 (1) available detailed information concerning the 15 child's educational and health history, copies of 16 immunization records (including insurance and medical 17 card information), a history of the child's previous 18 placements, if any, and reasons for placement changes 19 excluding any information that identifies or reveals the 20 location of any previous caretaker; 21 (2) a copy of the child's portion of the client 22 service plan, including any visitation arrangement, and 23 all amendments or revisions to it as related to the 24 child; and 25 (3) information containing details of the child's 26 individualized educational plan when the child is 27 receiving special education services. 28 The caretaker shall be informed of any known social or 29 behavioral information (including, but not limited to, 30 criminal background, fire setting, perpetuation of sexual 31 abuse, destructive behavior, and substance abuse) necessary 32 to care for and safeguard the child. 33 (u-5) Effective July 1, 1995, only foster care 34 placements licensed as foster family homes pursuant to the -18- LRB093 11645 BDD 15108 b 1 Child Care Act of 1969 shall be eligible to receive foster 2 care payments from the Department. Relative caregivers who, 3 as of July 1, 1995, were approved pursuant to approved 4 relative placement rules previously promulgated by the 5 Department at 89 Ill. Adm. Code 335 and had submitted an 6 application for licensure as a foster family home may 7 continue to receive foster care payments only until the 8 Department determines that they may be licensed as a foster 9 family home or that their application for licensure is denied 10 or until September 30, 1995, whichever occurs first. 11 (v) The Department shall access criminal history record 12 information as defined in the Illinois Uniform Conviction 13 Information Act and information maintained in the 14 adjudicatory and dispositional record system as defined in 15 Section 2605-355 of the Department of State Police Law (20 16 ILCS 2605/2605-355) if the Department determines the 17 information is necessary to perform its duties under the 18 Abused and Neglected Child Reporting Act, the Child Care Act 19 of 1969, and the Children and Family Services Act. The 20 Department shall provide for interactive computerized 21 communication and processing equipment that permits direct 22 on-line communication with the Department of State Police's 23 central criminal history data repository. The Department 24 shall comply with all certification requirements and provide 25 certified operators who have been trained by personnel from 26 the Department of State Police. In addition, one Office of 27 the Inspector General investigator shall have training in the 28 use of the criminal history information access system and 29 have access to the terminal. The Department of Children and 30 Family Services and its employees shall abide by rules and 31 regulations established by the Department of State Police 32 relating to the access and dissemination of this information. 33 (w) Within 120 days of August 20, 1995 (the effective 34 date of Public Act 89-392), the Department shall prepare and -19- LRB093 11645 BDD 15108 b 1 submit to the Governor and the General Assembly, a written 2 plan for the development of in-state licensed secure child 3 care facilities that care for children who are in need of 4 secure living arrangements for their health, safety, and 5 well-being. For purposes of this subsection, secure care 6 facility shall mean a facility that is designed and operated 7 to ensure that all entrances and exits from the facility, a 8 building or a distinct part of the building, are under the 9 exclusive control of the staff of the facility, whether or 10 not the child has the freedom of movement within the 11 perimeter of the facility, building, or distinct part of the 12 building. The plan shall include descriptions of the types 13 of facilities that are needed in Illinois; the cost of 14 developing these secure care facilities; the estimated number 15 of placements; the potential cost savings resulting from the 16 movement of children currently out-of-state who are projected 17 to be returned to Illinois; the necessary geographic 18 distribution of these facilities in Illinois; and a proposed 19 timetable for development of such facilities. 20 (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 21 91-812, eff. 6-13-00; 92-154, eff. 1-1-02.)