Bill Status of HB 4186   94th General Assembly


Short Description:  DCFS-FOSTER CARE AGNCY-DISCLOS

House Sponsors
Rep. Sara Feigenholtz-Paul D. Froehlich-Barbara Flynn Currie-Keith P. Sommer-Naomi D. Jakobsson, Patricia Reid Lindner and Monique D. Davis

Senate Sponsors
(Sen. John J. Cullerton)


Last Action  View All Actions

DateChamber Action
  7/7/2006HousePublic Act . . . . . . . . . 94-1010

Statutes Amended In Order of Appearance
20 ILCS 505/5from Ch. 23, par. 5005
20 ILCS 505/35.1from Ch. 23, par. 5035.1
20 ILCS 520/1-15
225 ILCS 10/7.4
225 ILCS 10/8from Ch. 23, par. 2218
225 ILCS 10/15from Ch. 23, par. 2225
325 ILCS 5/11.1from Ch. 23, par. 2061.1
740 ILCS 110/11from Ch. 91 1/2, par. 811

Synopsis As Introduced
Amends the Children and Family Services Act, the Foster Parent Law, the Child Care Act of 1969, the Abused and Neglected Child Reporting Act, and the Mental Health and Developmental Disabilities Confidentiality Act. Provides that DCFS must provide certain information concerning a child, including known social and behavioral information, to prospective adoptive parents (in addition to caretakers of children in foster homes, group homes, child care institutions, or relative homes). Provides that whenever a licensed child welfare agency places a child in a licensed foster family home, the agency shall provide that same information to the child's caretaker. Provides that a foster parent's rights include the right to be given such information. Provides that "juvenile authorities" to whom DCFS may disclose information include individuals and agencies having custody of a child pursuant to placement of the child by the Department; and provides that nothing in the Child Care Act of 1969 prevents the disclosure of information or records by a licensed child welfare agency as required by this amendatory Act. Provides that DCFS may revoke or refuse to renew a child welfare agency's license for failure to comply with the disclosure requirements of this amendatory Act. Permits a prospective adoptive parent or foster parent to have access to records concerning reports of child abuse and neglect. Authorizes the disclosure of records under the Mental Health and Developmental Disabilities Confidentiality Act. Effective immediately.

 Fiscal Note (Dept of Children and Family Services)
 It is anticipated that no fiscal impact to the Department will result from this legislation.

House Amendment No. 1
Adds reference to:
20 ILCS 505/5.30 new
20 ILCS 505/7.5 new
750 ILCS 50/18.3afrom Ch. 40, par. 1522.3a

Replaces everything after the enacting clause. Amends the Children and Family Services Act. Provides that whenever the Department of Children and Family Services (DCFS) places a child with a prospective adoptive parent or parents, the Department must provide to the prospective adoptive parent or parents the same information that it provides to a foster home, group home, or other caretaker when placing a child. Provides that such information must be provided in writing; requires DCFS to obtain a signed verification of the receipt of the information, and requires provision of a copy of the information to the child's guardian ad litem. Provides that not later than July 1, 2007, DCFS shall adopt a rule regarding the provision of specialized care to a child in the custody or guardianship of the Department and to certain other children who require such services due to emotional, behavioral, developmental, or medical needs, or any other needs that require special intervention services, the primary goal being to maintain the child in care or in a permanency setting. Requires DCFS to provide to all adoptive parents of children receiving monthly adoption assistance a notice that includes a description of the Department's post-adoption reunion services and an explanation of how to access those services. Reinserts provisions substantially similar to those of House Bill 4186 amending the Foster Parent Law, the Child Care Act of 1969, the Abused and Neglected Child Reporting Act, and the Mental Health and Developmental Disabilities Confidentiality Act. Amends the Adoption Act; provides for imposition of a civil monetary penalty against an adoption agency that does not comply with a request for information from a confidential intermediary, with the amount of any such penalty to be deposited into the DCFS Children's Services Fund. Makes other changes. Effective October 1, 2006.

House Amendment No. 2
Adds reference to:
20 ILCS 505/25from Ch. 23, par. 5025
750 ILCS 50/12.1

Further amends the Children and Family Services Act and the Adoption Act; requires the Department of Children and Family Services (DCFS) to deposit Putative Father Registry fees into a distinct fund for the Department's use in maintaining the Registry. Deletes a requirement that DCFS monitor specialized care provided to a child and review the child's plan of care "at least annually". Provides that no payments to caregivers (instead of simply "no payments") in effect for the specialized treatment or care of a child shall be reduced under the criteria, standards, and procedures adopted in connection with the provisions concerning specialized care.

Senate Committee Amendment No. 1
In provisions amending the Children and Family Services Act concerning specialized care for children including those in the custody or guardianship of the Department of Children and Family Services: (1) deletes a provision requiring the Director of Children and Family Services to appoint a multidisciplinary advisory committee; and (2) deletes provisions concerning the adoption of an emergency rule.

Senate Floor Amendment No. 2
In provisions amending the Children and Family Services Act with respect to a notice of post-adoption reunion services, deletes an amendatory reference to former wards of the Department of Children and Family Services. Also provides that the Department shall provide the notice to wards of the Department within 30 days after their 18th birthday (instead of at the time of their emancipation from foster care). In provisions amending the Mental Health and Developmental Disabilities Confidentiality Act, deletes an amendatory provision allowing disclosure of records and communications in accordance with certain standards adopted under the Health Insurance Portability and Accountability Act of 1996.

Actions 
DateChamber Action
  11/3/2005HouseFiled with the Clerk by Rep. Sara Feigenholtz
  11/3/2005HouseFirst Reading
  11/3/2005HouseReferred to Rules Committee
  11/4/2005HouseAdded Chief Co-Sponsor Rep. Paul D. Froehlich
  11/4/2005HouseAdded Chief Co-Sponsor Rep. Barbara Flynn Currie
  1/11/2006HouseAssigned to Adoption Reform
  1/23/2006HouseFiscal Note Filed
  2/8/2006HouseHouse Amendment No. 1 Filed with Clerk by Adoption Reform
  2/8/2006HouseHouse Amendment No. 2 Filed with Clerk by Adoption Reform
  2/8/2006HouseHouse Amendment No. 1 Adopted in Adoption Reform; by Voice Vote
  2/8/2006HouseHouse Amendment No. 2 Adopted in Adoption Reform; by Voice Vote
  2/8/2006HouseDo Pass as Amended / Short Debate Adoption Reform; 006-000-000
  2/8/2006HousePlaced on Calendar 2nd Reading - Short Debate
  2/9/2006HouseSecond Reading - Short Debate
  2/9/2006HousePlaced on Calendar Order of 3rd Reading - Short Debate
  2/9/2006HouseAdded Chief Co-Sponsor Rep. Keith P. Sommer
  2/9/2006HouseAdded Chief Co-Sponsor Rep. Naomi D. Jakobsson
  2/9/2006HouseAdded Co-Sponsor Rep. Patricia Reid Lindner
  2/14/2006HouseAdded Co-Sponsor Rep. Monique D. Davis
  2/16/2006HouseThird Reading - Short Debate - Passed 114-000-000
  2/16/2006SenateArrive in Senate
  2/16/2006SenatePlaced on Calendar Order of First Reading February 22, 2006
  3/3/2006SenateChief Senate Sponsor Sen. John J. Cullerton
  3/7/2006SenateFirst Reading
  3/7/2006SenateReferred to Rules
  3/15/2006SenateAssigned to Health & Human Services
  3/22/2006SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. John J. Cullerton
  3/22/2006SenateSenate Committee Amendment No. 1 Referred to Rules
  3/23/2006SenateSenate Committee Amendment No. 1 Rules Refers to Health & Human Services
  3/23/2006SenateSenate Committee Amendment No. 1 Adopted
  3/24/2006SenateDo Pass as Amended Health & Human Services; 010-000-000
  3/24/2006SenatePlaced on Calendar Order of 2nd Reading March 27, 2006
  3/27/2006SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. John J. Cullerton
  3/27/2006SenateSenate Floor Amendment No. 2 Referred to Rules
  3/27/2006SenateSecond Reading
  3/27/2006SenatePlaced on Calendar Order of 3rd Reading March 28, 2006
  3/29/2006SenateSenate Floor Amendment No. 2 Rules Refers to Health & Human Services
  3/29/2006SenateSenate Floor Amendment No. 2 Recommend Do Adopt Health & Human Services; 006-000-000
  3/30/2006SenateRecalled to Second Reading
  3/30/2006SenateSenate Floor Amendment No. 2 Adopted; Cullerton
  3/30/2006SenatePlaced on Calendar Order of 3rd Reading
  3/30/2006SenateThird Reading - Passed; 057-000-000
  3/30/2006HouseArrived in House
  3/30/2006HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1,2
  4/3/2006HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Sara Feigenholtz
  4/3/2006HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. Sara Feigenholtz
  4/3/2006HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  4/3/2006HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
  4/6/2006HouseSenate Committee Amendment No. 1 Motion to Concur Rules Referred to Adoption Reform
  4/6/2006HouseSenate Floor Amendment No. 2 Motion to Concur Rules Referred to Adoption Reform
  4/11/2006HouseSenate Committee Amendment No. 1 Motion to Concur Recommends be Adopted Adoption Reform; 004-000-000
  4/11/2006HouseSenate Floor Amendment No. 2 Motion to Concur Recommends be Adopted Adoption Reform; 004-000-000
  4/18/2006HouseSenate Committee Amendment No. 1 House Concurs 100-000-000
  4/18/2006HouseSenate Floor Amendment No. 2 House Concurs 100-000-000
  4/18/2006HousePassed Both Houses
  5/17/2006HouseSent to the Governor
  7/7/2006HouseGovernor Approved
  7/7/2006HouseEffective Date October 1, 2006
  7/7/2006HousePublic Act . . . . . . . . . 94-1010

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