093_SB0463

 
                                     LRB093 06297 RLC 06415 b

 1        AN ACT in relation to minors.

 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 06297 RLC 06415 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 06297 RLC 06415 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 06297 RLC 06415 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 06297 RLC 06415 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 06297 RLC 06415 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 06297 RLC 06415 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 an adoptive placement.  Family
20    preservation  services  shall  only  be offered when doing so
21    will not endanger the  children's  health  or  safety.   With
22    respect  to  children  who are in substitute care pursuant to
23    the Juvenile Court Act of 1987, family preservation  services
24    shall   not  be  offered  if  a  goal  other  than  those  of
25    subdivisions (A), (B), or (B-1) of subsection (2) of  Section
26    2-28  of  that  Act  has  been set. Nothing in this paragraph
27    shall be construed to create a private  right  of  action  or
28    claim on the part of any individual or child welfare agency.
29        The  Department  shall notify the child and his family of
30    the Department's responsibility to offer and  provide  family
31    preservation services as identified in the service plan.  The
32    child  and  his family shall be eligible for services as soon
33    as  the  report  is  determined  to  be   "indicated".    The
34    Department  may  offer  services  to any child or family with
 
                            -8-      LRB093 06297 RLC 06415 b
 1    respect to whom a report of suspected child abuse or  neglect
 2    has  been  filed, prior to concluding its investigation under
 3    Section 7.12 of the Abused and Neglected Child Reporting Act.
 4    However,  the  child's  or  family's  willingness  to  accept
 5    services shall not be considered in the  investigation.   The
 6    Department  may  also provide services to any child or family
 7    who is the subject of any report of suspected child abuse  or
 8    neglect  or  may  refer  such  child  or  family  to services
 9    available from other agencies in the community, even  if  the
10    report  is  determined  to be unfounded, if the conditions in
11    the child's or family's home are reasonably likely to subject
12    the child or family to  future  reports  of  suspected  child
13    abuse  or  neglect.   Acceptance  of  such  services shall be
14    voluntary.
15        The Department may, at its discretion  except  for  those
16    children  also adjudicated neglected or dependent, accept for
17    care  and  training  any  child  who  has  been   adjudicated
18    addicted,  as  a  truant minor in need of supervision or as a
19    minor  requiring  authoritative   intervention,   under   the
20    Juvenile  Court Act or the Juvenile Court Act of 1987, but no
21    such child shall be committed to the Department by any  court
22    without the approval of the Department.  A minor charged with
23    a  criminal  offense  under  the  Criminal  Code  of  1961 or
24    adjudicated delinquent shall not be placed in the custody  of
25    or  committed  to the Department by any court solely based on
26    the minor's charges or adjudication unless the  existence  of
27    circumstances  indicating  abuse,  neglect, or dependency are
28    established by the court, except a minor less than  13  years
29    of age committed to the Department under Section 5-710 of the
30    Juvenile Court Act of 1987.
31        (l-1)  The legislature recognizes that the best interests
32    of  the  child  require  that the child be placed in the most
33    permanent  living  arrangement  as  soon  as  is  practically
34    possible.  To achieve this goal, the legislature directs  the
 
                            -9-      LRB093 06297 RLC 06415 b
 1    Department   of  Children  and  Family  Services  to  conduct
 2    concurrent planning so  that  permanency  may  occur  at  the
 3    earliest  opportunity.   Permanent  living  arrangements  may
 4    include  prevention  of placement of a child outside the home
 5    of the family when the child can be cared for at home without
 6    endangering the child's health or safety; reunification  with
 7    the family, when safe and appropriate, if temporary placement
 8    is  necessary;  or  movement  of  the  child  toward the most
 9    permanent living arrangement and permanent legal status.
10        When determining  reasonable  efforts  to  be  made  with
11    respect  to  a child, as described in this subsection, and in
12    making such reasonable efforts, the child's health and safety
13    shall be the paramount concern.
14        When a child is placed in  foster  care,  the  Department
15    shall  ensure  and document that reasonable efforts were made
16    to prevent or eliminate the need to remove the child from the
17    child's home.  The Department must make reasonable efforts to
18    reunify the family when  temporary  placement  of  the  child
19    occurs  unless  otherwise  required, pursuant to the Juvenile
20    Court Act of  1987.  At  any  time  after  the  dispositional
21    hearing   where   the   Department   believes   that  further
22    reunification services would be ineffective, it may request a
23    finding from the court that reasonable efforts are no  longer
24    appropriate.   The  Department  is  not  required  to provide
25    further reunification services after such a finding.
26        A decision to place a child in substitute care  shall  be
27    made  with  considerations of the child's health, safety, and
28    best interests.  At  the  time  of  placement,  consideration
29    should  also  be  given  so that if reunification fails or is
30    delayed, the placement made is the best  available  placement
31    to provide permanency for the child.
32        The  Department  shall  adopt rules addressing concurrent
33    planning for reunification and  permanency.   The  Department
34    shall   consider   the  following  factors  when  determining
 
                            -10-     LRB093 06297 RLC 06415 b
 1    appropriateness of concurrent planning:
 2             (1)  the likelihood of prompt reunification;
 3             (2)  the past history of the family;
 4             (3)  the barriers to reunification  being  addressed
 5        by the family;
 6             (4)  the level of cooperation of the family;
 7             (5)  the  foster  parents'  willingness to work with
 8        the family to reunite;
 9             (6)  the  willingness  and  ability  of  the  foster
10        family  to  provide  an  adoptive   home   or   long-term
11        placement;
12             (7)  the age of the child;
13             (8)  placement of siblings.
14        (m)  The  Department  may assume temporary custody of any
15    child if:
16             (1)  it has  received  a  written  consent  to  such
17        temporary  custody  signed by the parents of the child or
18        by the parent having custody of the child if the  parents
19        are  not  living together or by the guardian or custodian
20        of the child if the child is not in the custody of either
21        parent, or
22             (2)  the child is found in the State and  neither  a
23        parent,  guardian  nor  custodian  of  the  child  can be
24        located.
25    If the child is found in  his  or  her  residence  without  a
26    parent,  guardian,  custodian  or  responsible caretaker, the
27    Department may, instead of removing the  child  and  assuming
28    temporary  custody, place an authorized representative of the
29    Department in that residence until such  time  as  a  parent,
30    guardian  or  custodian  enters  the  home  and  expresses  a
31    willingness and apparent ability to ensure the child's health
32    and safety and resume permanent charge of the child, or until
33    a  relative enters the home and is willing and able to ensure
34    the child's health and safety and assume charge of the  child
 
                            -11-     LRB093 06297 RLC 06415 b
 1    until  a  parent,  guardian  or custodian enters the home and
 2    expresses such willingness and ability to ensure the  child's
 3    safety  and  resume  permanent charge.  After a caretaker has
 4    remained in the home for a period not to exceed 12 hours, the
 5    Department must follow those procedures outlined  in  Section
 6    2-9, 3-11, 4-8, or 5-415 of the Juvenile Court Act of 1987.
 7        The Department shall have the authority, responsibilities
 8    and  duties  that  a  legal custodian of the child would have
 9    pursuant to subsection (9) of Section  1-3  of  the  Juvenile
10    Court  Act of 1987.  Whenever a child is taken into temporary
11    custody pursuant to an investigation  under  the  Abused  and
12    Neglected  Child Reporting Act, or pursuant to a referral and
13    acceptance under the Juvenile Court Act of 1987 of a minor in
14    limited  custody,  the  Department,  during  the  period   of
15    temporary  custody  and  before the child is brought before a
16    judicial officer as required by Section 2-9,  3-11,  4-8,  or
17    5-415  of  the  Juvenile  Court  Act  of 1987, shall have the
18    authority, responsibilities and duties that a legal custodian
19    of the child would have under subsection (9) of  Section  1-3
20    of the Juvenile Court Act of 1987.
21        The  Department  shall  ensure  that any child taken into
22    custody  is  scheduled  for  an  appointment  for  a  medical
23    examination.
24        A parent,  guardian  or  custodian  of  a  child  in  the
25    temporary custody of the Department who would have custody of
26    the  child  if  he  were  not in the temporary custody of the
27    Department may deliver to the  Department  a  signed  request
28    that  the  Department  surrender the temporary custody of the
29    child. The Department may retain  temporary  custody  of  the
30    child  for  10  days after the receipt of the request, during
31    which period the Department may cause to be filed a  petition
32    pursuant to the Juvenile Court Act of 1987.  If a petition is
33    so  filed,  the  Department shall retain temporary custody of
34    the child until the court orders otherwise.  If a petition is
 
                            -12-     LRB093 06297 RLC 06415 b
 1    not filed within the  10  day  period,  the  child  shall  be
 2    surrendered to the custody of the requesting parent, guardian
 3    or  custodian  not  later  than  the expiration of the 10 day
 4    period, at  which  time  the  authority  and  duties  of  the
 5    Department with respect to the temporary custody of the child
 6    shall terminate.
 7        (m-1)  The  Department  may place children under 18 years
 8    of age in a  secure  child  care  facility  licensed  by  the
 9    Department  that cares for children who are in need of secure
10    living arrangements for their health, safety, and  well-being
11    after  a  determination  is made by the facility director and
12    the Director or the Director's designate prior  to  admission
13    to  the  facility  subject  to Section 2-27.1 of the Juvenile
14    Court Act of 1987.  This subsection (m-1) does not apply to a
15    child who is subject to placement in a correctional  facility
16    operated  pursuant  to  Section 3-15-2 of the Unified Code of
17    Corrections, unless the child is a ward who was placed  under
18    the  care of the Department before being subject to placement
19    in  a  correctional  facility  and  a  court   of   competent
20    jurisdiction  has  ordered placement of the child in a secure
21    care facility.
22        (n)  The Department may place children under 18 years  of
23    age  in licensed child care facilities when in the opinion of
24    the  Department,  appropriate  services   aimed   at   family
25    preservation  have  been  unsuccessful  and cannot ensure the
26    child's  health  and  safety  or  are  unavailable  and  such
27    placement would be for  their  best  interest.   Payment  for
28    board,  clothing, care, training and supervision of any child
29    placed in a licensed child care facility may be made  by  the
30    Department,  by  the  parents  or guardians of the estates of
31    those children, or by both the Department and the parents  or
32    guardians,  except  that  no  payments  shall  be made by the
33    Department for any child placed  in  a  licensed  child  care
34    facility  for board, clothing, care, training and supervision
 
                            -13-     LRB093 06297 RLC 06415 b
 1    of such a child that exceed the average per  capita  cost  of
 2    maintaining  and  of  caring  for a child in institutions for
 3    dependent or neglected children operated by  the  Department.
 4    However, such restriction on payments does not apply in cases
 5    where  children  require  specialized  care and treatment for
 6    problems   of   severe   emotional   disturbance,    physical
 7    disability, social adjustment, or any combination thereof and
 8    suitable  facilities  for  the placement of such children are
 9    not available at payment rates  within  the  limitations  set
10    forth  in  this  Section.  All  reimbursements  for  services
11    delivered  shall  be  absolutely  inalienable  by assignment,
12    sale, attachment, garnishment or otherwise.
13        (o)  The Department  shall  establish  an  administrative
14    review  and  appeal  process  for  children  and families who
15    request  or  receive  child   welfare   services   from   the
16    Department.  Children who are wards of the Department and are
17    placed by private child welfare agencies, and foster families
18    with  whom  those  children are placed, shall be afforded the
19    same procedural and appeal rights as children and families in
20    the case of placement by the Department, including the  right
21    to  an   initial  review of a private agency decision by that
22    agency.  The Department shall insure that any  private  child
23    welfare  agency,  which  accepts  wards of the Department for
24    placement,  affords  those  rights  to  children  and  foster
25    families.  The Department  shall  accept  for  administrative
26    review  and an appeal hearing a complaint made by (i) a child
27    or foster family concerning a decision following  an  initial
28    review   by   a  private  child  welfare  agency  or  (ii)  a
29    prospective  adoptive  parent  who  alleges  a  violation  of
30    subsection (j-5) of this Section.  An appeal  of  a  decision
31    concerning  a  change  in  the  placement of a child shall be
32    conducted in an expedited manner.
33        (p)  There is hereby created the Department  of  Children
34    and  Family Services Emergency Assistance Fund from which the
 
                            -14-     LRB093 06297 RLC 06415 b
 1    Department  may  provide  special  financial  assistance   to
 2    families which are in economic crisis when such assistance is
 3    not available through other public or private sources and the
 4    assistance  is deemed necessary to prevent dissolution of the
 5    family unit or to reunite families which have been  separated
 6    due  to  child  abuse  and  neglect.   The  Department  shall
 7    establish  administrative  rules  specifying the criteria for
 8    determining eligibility for and  the  amount  and  nature  of
 9    assistance  to  be  provided.   The Department may also enter
10    into  written  agreements  with  private  and  public  social
11    service agencies to provide emergency financial  services  to
12    families   referred  by  the  Department.  Special  financial
13    assistance payments shall be available to a  family  no  more
14    than once during each fiscal year and the total payments to a
15    family may not exceed $500 during a fiscal year.
16        (q)  The   Department  may  receive  and  use,  in  their
17    entirety, for the benefit of children any gift,  donation  or
18    bequest  of  money  or  other  property  which is received on
19    behalf of such children, or any financial benefits  to  which
20    such  children  are  or  may  become entitled while under the
21    jurisdiction or care of the Department.
22        The Department  shall  set  up  and  administer  no-cost,
23    interest-bearing    accounts    in    appropriate   financial
24    institutions for children for whom the Department is  legally
25    responsible   and  who  have  been  determined  eligible  for
26    Veterans'  Benefits,  Social  Security  benefits,  assistance
27    allotments from the armed  forces,  court  ordered  payments,
28    parental  voluntary  payments,  Supplemental Security Income,
29    Railroad Retirement payments, Black Lung benefits,  or  other
30    miscellaneous  payments.   Interest  earned  by  each account
31    shall  be  credited  to  the  account,  unless  disbursed  in
32    accordance with this subsection.
33        In  disbursing  funds  from  children's   accounts,   the
34    Department shall:
 
                            -15-     LRB093 06297 RLC 06415 b
 1             (1)  Establish  standards  in  accordance with State
 2        and federal laws for  disbursing  money  from  children's
 3        accounts.    In   all   circumstances,  the  Department's
 4        "Guardianship Administrator" or his or her designee  must
 5        approve  disbursements  from  children's  accounts.   The
 6        Department  shall  be  responsible  for  keeping complete
 7        records of all disbursements for  each  account  for  any
 8        purpose.
 9             (2)  Calculate  on  a monthly basis the amounts paid
10        from State funds for the child's board and care,  medical
11        care not covered under Medicaid, and social services; and
12        utilize  funds  from  the  child's account, as covered by
13        regulation,   to   reimburse   those   costs.    Monthly,
14        disbursements from all children's accounts, up to 1/12 of
15        $13,000,000, shall be deposited by  the  Department  into
16        the  General  Revenue  Fund  and the balance over 1/12 of
17        $13,000,000 into the DCFS Children's Services Fund.
18             (3)  Maintain   any    balance    remaining    after
19        reimbursing  for  the child's costs of care, as specified
20        in item (2). The balance shall accumulate  in  accordance
21        with  relevant  State  and  federal  laws  and  shall  be
22        disbursed  to the child or his or her guardian, or to the
23        issuing agency.
24        (r)  The   Department   shall   promulgate    regulations
25    encouraging  all  adoption agencies to voluntarily forward to
26    the Department or  its  agent  names  and  addresses  of  all
27    persons  who  have  applied  for  and  have been approved for
28    adoption of a hard-to-place  or  handicapped  child  and  the
29    names of such children who have not been placed for adoption.
30    A list of such names and addresses shall be maintained by the
31    Department  or  its agent, and coded lists which maintain the
32    confidentiality of the person seeking to adopt the child  and
33    of  the  child  shall  be  made available, without charge, to
34    every adoption agency in the State to assist the agencies  in
 
                            -16-     LRB093 06297 RLC 06415 b
 1    placing  such  children  for  adoption.  The  Department  may
 2    delegate  to an agent its duty to maintain and make available
 3    such lists.  The Department  shall  ensure  that  such  agent
 4    maintains  the confidentiality of the person seeking to adopt
 5    the child and of the child.
 6        (s)  The Department of Children and Family  Services  may
 7    establish and implement a program to reimburse Department and
 8    private  child  welfare agency foster parents licensed by the
 9    Department  of  Children  and  Family  Services  for  damages
10    sustained by the foster parents as a result of the  malicious
11    or  negligent  acts  of foster children, as well as providing
12    third party coverage for such foster parents with  regard  to
13    actions  of  foster  children  to  other  individuals.   Such
14    coverage  will  be  secondary  to the foster parent liability
15    insurance policy, if applicable.  The program shall be funded
16    through  appropriations  from  the  General   Revenue   Fund,
17    specifically designated for such purposes.
18        (t)  The   Department  shall  perform  home  studies  and
19    investigations and shall exercise supervision over visitation
20    as ordered by a court pursuant to the Illinois  Marriage  and
21    Dissolution of Marriage Act or the Adoption Act only if:
22             (1)  an   order   entered   by   an  Illinois  court
23        specifically  directs  the  Department  to  perform  such
24        services; and
25             (2)  the court  has  ordered  one  or  both  of  the
26        parties to the proceeding to reimburse the Department for
27        its  reasonable  costs  for  providing  such  services in
28        accordance with Department rules, or has determined  that
29        neither party is financially able to pay.
30        The  Department shall provide written notification to the
31    court of the specific arrangements for supervised  visitation
32    and  projected  monthly  costs  within  60  days of the court
33    order. The Department shall send  to  the  court  information
34    related to the costs incurred except in cases where the court
 
                            -17-     LRB093 06297 RLC 06415 b
 1    has determined the parties are financially unable to pay. The
 2    court may order additional periodic reports as appropriate.
 3        (u)  Whenever the Department places a child in a licensed
 4    foster  home,  group  home,  child  care institution, or in a
 5    relative home, the Department shall provide to the caretaker:
 6             (1)  available detailed information  concerning  the
 7        child's   educational   and  health  history,  copies  of
 8        immunization records  (including  insurance  and  medical
 9        card  information),  a  history  of  the child's previous
10        placements, if any, and  reasons  for  placement  changes
11        excluding  any information that identifies or reveals the
12        location of any previous caretaker;
13             (2)  a copy of the child's  portion  of  the  client
14        service  plan,  including any visitation arrangement, and
15        all amendments or revisions  to  it  as  related  to  the
16        child; and
17             (3)  information  containing  details of the child's
18        individualized  educational  plan  when  the   child   is
19        receiving special education services.
20        The  caretaker  shall  be informed of any known social or
21    behavioral  information  (including,  but  not  limited   to,
22    criminal  background,  fire  setting,  perpetuation of sexual
23    abuse, destructive behavior, and substance  abuse)  necessary
24    to care for and safeguard the child.
25        (u-5)  Effective   July   1,   1995,   only  foster  care
26    placements licensed as foster family homes  pursuant  to  the
27    Child  Care  Act  of 1969 shall be eligible to receive foster
28    care payments from the Department. Relative  caregivers  who,
29    as  of  July  1,  1995,  were  approved  pursuant to approved
30    relative  placement  rules  previously  promulgated  by   the
31    Department  at  89  Ill.  Adm.  Code 335 and had submitted an
32    application  for  licensure  as  a  foster  family  home  may
33    continue to receive  foster  care  payments  only  until  the
34    Department  determines  that they may be licensed as a foster
 
                            -18-     LRB093 06297 RLC 06415 b
 1    family home or that their application for licensure is denied
 2    or until September 30, 1995, whichever occurs first.
 3        (v)  The Department shall access criminal history  record
 4    information  as  defined  in  the Illinois Uniform Conviction
 5    Information   Act   and   information   maintained   in   the
 6    adjudicatory and dispositional record system  as  defined  in
 7    Section  2605-355  of  the Department of State Police Law (20
 8    ILCS  2605/2605-355)  if  the   Department   determines   the
 9    information  is  necessary  to  perform  its duties under the
10    Abused and Neglected Child Reporting Act, the Child Care  Act
11    of  1969,  and  the  Children  and  Family Services Act.  The
12    Department  shall  provide   for   interactive   computerized
13    communication  and  processing  equipment that permits direct
14    on-line communication with the Department of  State  Police's
15    central  criminal  history  data  repository.  The Department
16    shall comply with all certification requirements and  provide
17    certified  operators  who have been trained by personnel from
18    the Department of State Police.  In addition, one  Office  of
19    the Inspector General investigator shall have training in the
20    use  of  the  criminal  history information access system and
21    have access to the terminal.  The Department of Children  and
22    Family  Services  and  its employees shall abide by rules and
23    regulations established by the  Department  of  State  Police
24    relating to the access and dissemination of this information.
25        (w)  Within  120  days  of August 20, 1995 (the effective
26    date of Public Act 89-392), the Department shall prepare  and
27    submit  to  the  Governor and the General Assembly, a written
28    plan for the development of in-state  licensed  secure  child
29    care  facilities  that  care  for children who are in need of
30    secure living arrangements  for  their  health,  safety,  and
31    well-being.   For  purposes  of  this subsection, secure care
32    facility shall mean a facility that is designed and  operated
33    to  ensure  that all entrances and exits from the facility, a
34    building or a distinct part of the building,  are  under  the
 
                            -19-     LRB093 06297 RLC 06415 b
 1    exclusive  control  of  the staff of the facility, whether or
 2    not  the  child  has  the  freedom  of  movement  within  the
 3    perimeter of the facility, building, or distinct part of  the
 4    building.   The  plan shall include descriptions of the types
 5    of facilities that  are  needed  in  Illinois;  the  cost  of
 6    developing these secure care facilities; the estimated number
 7    of  placements; the potential cost savings resulting from the
 8    movement of children currently out-of-state who are projected
 9    to  be  returned  to  Illinois;  the   necessary   geographic
10    distribution  of these facilities in Illinois; and a proposed
11    timetable for development of such facilities.
12    (Source: P.A. 91-239,  eff.  1-1-00;  91-357,  eff.  7-29-99;
13    91-812, eff. 6-13-00; 92-154, eff. 1-1-02.)

14        Section   10.   The Juvenile Court Act of 1987 is amended
15    by changing Section 5-710 as follows:

16        (705 ILCS 405/5-710)
17        Sec. 5-710.  Kinds of sentencing orders.
18        (1)  The following kinds of sentencing orders may be made
19    in respect of wards of the court:
20             (a)  Except as provided in  Sections  5-805,  5-810,
21        5-815,  a  minor  who is found guilty under Section 5-620
22        may be:
23                  (i)  put on probation or conditional  discharge
24             and  released  to  his  or  her parents, guardian or
25             legal custodian, provided, however,  that  any  such
26             minor  who  is  not  committed  to the Department of
27             Corrections, Juvenile Division under this subsection
28             and who is found to be a delinquent for  an  offense
29             which is first degree murder, a Class X felony, or a
30             forcible felony shall be placed on probation;
31                  (ii)  placed  in accordance with Section 5-740,
32             with or without  also  being  put  on  probation  or
 
                            -20-     LRB093 06297 RLC 06415 b
 1             conditional discharge;
 2                  (iii)  required  to  undergo  a substance abuse
 3             assessment conducted  by  a  licensed  provider  and
 4             participate in the indicated clinical level of care;
 5                  (iv)  placed   in   the   guardianship  of  the
 6             Department of Children and Family Services, but only
 7             if the delinquent minor is under 13  years  of  age,
 8             unless  the  existence  of  circumstances indicating
 9             abuse, neglect, or dependency are established by the
10             court with respect to minors  13  years  of  age  or
11             older;
12                  (v)  placed  in  detention  for a period not to
13             exceed 30 days, either as  the  exclusive  order  of
14             disposition  or,  where  appropriate, in conjunction
15             with any other order  of  disposition  issued  under
16             this  paragraph,  provided  that  any such detention
17             shall be in a juvenile detention home and the  minor
18             so  detained  shall  be  10  years  of age or older.
19             However, the 30-day limitation may  be  extended  by
20             further  order of the court for a minor under age 13
21             committed to the Department of Children  and  Family
22             Services  if  the  court  finds  that the minor is a
23             danger to himself or others.   The  minor  shall  be
24             given  credit  on  the sentencing order of detention
25             for time spent in detention  under  Sections  5-501,
26             5-601,  5-710,  or 5-720 of this Article as a result
27             of the offense for which the  sentencing  order  was
28             imposed.  The court may grant credit on a sentencing
29             order of detention  entered  under  a  violation  of
30             probation  or  violation  of  conditional  discharge
31             under  Section  5-720 of this Article for time spent
32             in detention  before  the  filing  of  the  petition
33             alleging  the  violation.   A  minor  shall  not  be
34             deprived  of  credit  for  time  spent  in detention
 
                            -21-     LRB093 06297 RLC 06415 b
 1             before the filing of a  violation  of  probation  or
 2             conditional  discharge  alleging the same or related
 3             act or acts;
 4                  (vi)  ordered    partially    or     completely
 5             emancipated in accordance with the provisions of the
 6             Emancipation of Mature Minors Act;
 7                  (vii)  subject  to  having  his or her driver's
 8             license or driving  privileges  suspended  for  such
 9             time as determined by the court but only until he or
10             she attains 18 years of age;
11                  (viii)  put   on   probation   or   conditional
12             discharge  and  placed  in  detention  under Section
13             3-6039 of the Counties Code  for  a  period  not  to
14             exceed  the period of incarceration permitted by law
15             for adults found  guilty  of  the  same  offense  or
16             offenses   for   which  the  minor  was  adjudicated
17             delinquent, and in any event  no  longer  than  upon
18             attainment   of  age  21;  this  subdivision  (viii)
19             notwithstanding any contrary provision of  the  law;
20             or
21                  (ix)  ordered  to  undergo  a  medical or other
22             procedure to have a tattoo symbolizing allegiance to
23             a street gang removed from his or her body.
24             (b)  A minor found to be guilty may be committed  to
25        the  Department  of Corrections, Juvenile Division, under
26        Section 5-750 if the minor is 13 years of age  or  older,
27        provided   that  the  commitment  to  the  Department  of
28        Corrections, Juvenile Division, shall be made only  if  a
29        term  of  incarceration  is  permitted  by law for adults
30        found guilty of the  offense  for  which  the  minor  was
31        adjudicated delinquent.  The time during which a minor is
32        in  custody  before  being released upon the request of a
33        parent, guardian or legal custodian shall  be  considered
34        as time spent in detention.
 
                            -22-     LRB093 06297 RLC 06415 b
 1             (c)  When  a  minor  is  found  to  be guilty for an
 2        offense which is a violation of the  Illinois  Controlled
 3        Substances  Act  or  the Cannabis Control Act  and made a
 4        ward of the court, the  court  may  enter  a  disposition
 5        order   requiring   the   minor  to  undergo  assessment,
 6        counseling or treatment  in  a  substance  abuse  program
 7        approved by the Department of Human Services.
 8        (2)  Any  sentencing  order  other than commitment to the
 9    Department of Corrections, Juvenile Division, may provide for
10    protective supervision under Section 5-725 and may include an
11    order of protection under Section 5-730.
12        (3)  Unless the sentencing order expressly  so  provides,
13    it  does  not  operate  to  close  proceedings on the pending
14    petition, but is subject to modification until final  closing
15    and discharge of the proceedings under Section 5-750.
16        (4)  In  addition  to  any  other sentence, the court may
17    order any minor found to be delinquent to  make  restitution,
18    in  monetary  or  non-monetary  form,  under  the  terms  and
19    conditions   of   Section   5-5-6  of  the  Unified  Code  of
20    Corrections, except that the "presentencing hearing" referred
21    to in that  Section  shall  be  the  sentencing  hearing  for
22    purposes  of  this  Section.   The  parent, guardian or legal
23    custodian of the minor may be ordered by  the  court  to  pay
24    some  or  all  of  the  restitution  on  the  minor's behalf,
25    pursuant to the Parental Responsibility  Law.    The  State's
26    Attorney  is  authorized  to  act  on behalf of any victim in
27    seeking restitution in proceedings under this Section, up  to
28    the  maximum  amount  allowed  in  Section  5 of the Parental
29    Responsibility Law.
30        (5)  Any sentencing order where the minor is committed or
31    placed in accordance with Section 5-740 shall provide for the
32    parents or guardian of the estate of the minor to pay to  the
33    legal  custodian  or guardian of the person of the minor such
34    sums as are determined by the custodian or  guardian  of  the
 
                            -23-     LRB093 06297 RLC 06415 b
 1    person  of the minor as necessary for the minor's needs.  The
 2    payments may not exceed the maximum amounts provided  for  by
 3    Section 9.1 of the Children and Family Services Act.
 4        (6)  Whenever  the sentencing order requires the minor to
 5    attend school or participate in a program  of  training,  the
 6    truant  officer or designated school official shall regularly
 7    report to the court if the minor is  a  chronic  or  habitual
 8    truant under Section 26-2a of the School Code.
 9        (7)  In no event shall a guilty minor be committed to the
10    Department  of Corrections, Juvenile Division for a period of
11    time in excess of that period for which  an  adult  could  be
12    committed for the same act.
13        (8)  A  minor found to be guilty for reasons that include
14    a violation of Section 21-1.3 of the Criminal  Code  of  1961
15    shall  be  ordered  to perform community service for not less
16    than 30 and not more than 120 hours, if community service  is
17    available  in  the jurisdiction.  The community service shall
18    include, but need not be limited to, the cleanup  and  repair
19    of  the  damage  that  was caused by the violation or similar
20    damage to property located in the municipality or  county  in
21    which  the  violation occurred.  The order may be in addition
22    to any other order authorized by this Section.
23        (8.5)  A minor  found  to  be  guilty  for  reasons  that
24    include  a  violation  of Section 3.02 or Section 3.03 of the
25    Humane Care for Animals Act or paragraph  (d)  of  subsection
26    (1)  of  Section  21-1  of the Criminal Code of 1961 shall be
27    ordered to undergo medical or psychiatric treatment  rendered
28    by  a  psychiatrist  or psychological treatment rendered by a
29    clinical psychologist. The order may be in  addition  to  any
30    other order authorized by this Section.
31        (9)  In addition to any other sentencing order, the court
32    shall  order  any  minor  found to be guilty for an act which
33    would constitute, predatory  criminal  sexual  assault  of  a
34    child,  aggravated  criminal  sexual assault, criminal sexual
 
                            -24-     LRB093 06297 RLC 06415 b
 1    assault, aggravated criminal sexual abuse, or criminal sexual
 2    abuse if committed by an adult to undergo medical testing  to
 3    determine    whether   the   defendant   has   any   sexually
 4    transmissible disease including a  test  for  infection  with
 5    human  immunodeficiency  virus  (HIV) or any other identified
 6    causative  agency  of  acquired   immunodeficiency   syndrome
 7    (AIDS).    Any  medical  test  shall  be  performed  only  by
 8    appropriately licensed medical practitioners and may  include
 9    an analysis of any bodily fluids as well as an examination of
10    the  minor's person. Except as otherwise provided by law, the
11    results of the test shall be kept  strictly  confidential  by
12    all  medical  personnel  involved  in the testing and must be
13    personally delivered in a sealed envelope to the judge of the
14    court in which the  sentencing  order  was  entered  for  the
15    judge's  inspection in camera.  Acting in accordance with the
16    best interests of the victim and the public, the judge  shall
17    have  the  discretion to determine to whom the results of the
18    testing may be revealed.  The court shall notify the minor of
19    the  results  of  the  test  for  infection  with  the  human
20    immunodeficiency virus (HIV).  The court  shall  also  notify
21    the  victim  if requested by the victim, and if the victim is
22    under the age of 15 and if requested by the victim's  parents
23    or  legal  guardian,  the  court  shall  notify  the victim's
24    parents or the legal guardian, of the results of the test for
25    infection with the human immunodeficiency virus  (HIV).   The
26    court  shall  provide  information on the availability of HIV
27    testing and counseling at the  Department  of  Public  Health
28    facilities  to all parties to whom the results of the testing
29    are revealed.  The court shall order that  the  cost  of  any
30    test  shall  be  paid by the county and may be taxed as costs
31    against the minor.
32        (10)  When a court finds a minor to be guilty  the  court
33    shall, before entering a sentencing order under this Section,
34    make a finding whether the offense committed either:  (a) was
 
                            -25-     LRB093 06297 RLC 06415 b
 1    related to or in furtherance of the criminal activities of an
 2    organized  gang or was motivated by the minor's membership in
 3    or allegiance  to  an  organized  gang,  or  (b)  involved  a
 4    violation of subsection (a) of Section 12-7.1 of the Criminal
 5    Code of 1961, a violation of any Section of Article 24 of the
 6    Criminal  Code  of  1961,  or a violation of any statute that
 7    involved the  wrongful  use  of  a  firearm.   If  the  court
 8    determines  the  question  in  the affirmative, and the court
 9    does not commit the minor to the Department  of  Corrections,
10    Juvenile Division, the court shall order the minor to perform
11    community  service  for  not less than 30 hours nor more than
12    120 hours, provided that community service  is  available  in
13    the  jurisdiction  and  is  funded and approved by the county
14    board of the county where the  offense  was  committed.   The
15    community  service shall include, but need not be limited to,
16    the cleanup and repair of any damage caused by a violation of
17    Section 21-1.3 of the  Criminal  Code  of  1961  and  similar
18    damage  to  property located in the municipality or county in
19    which the violation occurred.  When possible and  reasonable,
20    the  community  service  shall  be  performed  in the minor's
21    neighborhood.  This order shall be in addition to  any  other
22    order authorized by this Section except for an order to place
23    the  minor  in  the custody of the Department of Corrections,
24    Juvenile  Division.   For  the  purposes  of  this   Section,
25    "organized gang" has the meaning ascribed to it in Section 10
26    of the Illinois Streetgang Terrorism Omnibus Prevention Act.
27    (Source: P.A. 91-98, eff. 1-1-00; 92-454, eff. 1-1-02.)

28        Section  99.  Effective date.  This Act takes effect upon
29    becoming law.