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1 | AN ACT concerning child welfare.
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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 amended | ||||||
5 | 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 welfare | ||||||
9 | services when not available
through other public or private | ||||||
10 | child care or program facilities.
| ||||||
11 | (a) For purposes of this Section:
| ||||||
12 | (1) "Children" means persons found within the State who | ||||||
13 | are under the
age of 18 years. The term also includes | ||||||
14 | persons under age 19 who:
| ||||||
15 | (A) were committed to the Department pursuant to | ||||||
16 | the
Juvenile Court Act or the Juvenile Court Act of | ||||||
17 | 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 training by
| ||||||
20 | the Department prior to the age of 18 and whose best | ||||||
21 | interest in the
discretion of the Department would be | ||||||
22 | served by continuing that care,
service and training | ||||||
23 | because of severe emotional disturbances, physical
| ||||||
24 | disability, social adjustment or any combination | ||||||
25 | thereof, or because of the
need to complete an | ||||||
26 | educational or vocational training program.
| ||||||
27 | (2) "Homeless youth" means persons found within the
| ||||||
28 | State who are under the age of 19, are not in a safe and | ||||||
29 | stable living
situation and cannot be reunited with their | ||||||
30 | families.
| ||||||
31 | (3) "Child welfare services" means public social | ||||||
32 | services which are
directed toward the accomplishment of |
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1 | the following purposes:
| ||||||
2 | (A) protecting and promoting the health, safety | ||||||
3 | and welfare of
children,
including homeless, dependent | ||||||
4 | or neglected children;
| ||||||
5 | (B) remedying, or assisting in the solution
of | ||||||
6 | problems which may result in, the neglect, abuse, | ||||||
7 | exploitation or
delinquency of children;
| ||||||
8 | (C) preventing the unnecessary separation of | ||||||
9 | children
from their families by identifying family | ||||||
10 | problems, assisting families in
resolving their | ||||||
11 | problems, and preventing the breakup of the family
| ||||||
12 | where the prevention of child removal is desirable and | ||||||
13 | possible when the
child can be cared for at home | ||||||
14 | without endangering the child's health and
safety;
| ||||||
15 | (D) restoring to their families children who have | ||||||
16 | been
removed, by the provision of services to the child | ||||||
17 | and the families when the
child can be cared for at | ||||||
18 | home without endangering the child's health and
| ||||||
19 | safety;
| ||||||
20 | (E) placing children in suitable adoptive homes, | ||||||
21 | in
cases where restoration to the biological family is | ||||||
22 | not safe, possible or
appropriate;
| ||||||
23 | (F) assuring safe and adequate care of children | ||||||
24 | away from their
homes, in cases where the child cannot | ||||||
25 | be returned home or cannot be placed
for adoption. At | ||||||
26 | the time of placement, the Department shall consider
| ||||||
27 | concurrent planning,
as described in subsection (l-1) | ||||||
28 | of this Section so that permanency may
occur at the | ||||||
29 | earliest opportunity. Consideration should be given so | ||||||
30 | that if
reunification fails or is delayed, the | ||||||
31 | placement made is the best available
placement to | ||||||
32 | provide permanency for the child;
| ||||||
33 | (G) (blank);
| ||||||
34 | (H) (blank); and
| ||||||
35 | (I) placing and maintaining children in facilities | ||||||
36 | that provide
separate living quarters for children |
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| |||||||
1 | under the age of 18 and for children
18 years of age | ||||||
2 | and older, unless a child 18 years of age is in the | ||||||
3 | last
year of high school education or vocational | ||||||
4 | training, in an approved
individual or group treatment | ||||||
5 | program, in a licensed shelter facility,
or secure | ||||||
6 | child care facility.
The Department is not required to | ||||||
7 | place or maintain children:
| ||||||
8 | (i) who are in a foster home, or
| ||||||
9 | (ii) who are persons with a developmental | ||||||
10 | disability, as defined in
the Mental
Health and | ||||||
11 | Developmental Disabilities Code, or
| ||||||
12 | (iii) who are female children who are | ||||||
13 | pregnant, pregnant and
parenting or parenting, or
| ||||||
14 | (iv) who are siblings,
| ||||||
15 | in facilities that provide separate living quarters | ||||||
16 | for children 18
years of age and older and for children | ||||||
17 | under 18 years of age.
| ||||||
18 | (b) Nothing in this Section shall be construed to authorize | ||||||
19 | the
expenditure of public funds for the purpose of performing | ||||||
20 | abortions.
| ||||||
21 | (c) The Department shall establish and maintain | ||||||
22 | tax-supported child
welfare services and extend and seek to | ||||||
23 | improve voluntary services
throughout the State, to the end | ||||||
24 | that services and care shall be available
on an equal basis | ||||||
25 | throughout the State to children requiring such services.
| ||||||
26 | (d) The Director may authorize advance disbursements for | ||||||
27 | any new program
initiative to any agency contracting with the | ||||||
28 | Department. As a
prerequisite for an advance disbursement, the | ||||||
29 | contractor must post a
surety bond in the amount of the advance | ||||||
30 | disbursement and have a
purchase of service contract approved | ||||||
31 | by the Department. The Department
may pay up to 2 months | ||||||
32 | operational expenses in advance. The amount of the
advance | ||||||
33 | disbursement shall be prorated over the life of the contract
or | ||||||
34 | the remaining months of the fiscal year, whichever is less, and | ||||||
35 | the
installment amount shall then be deducted from future | ||||||
36 | bills. Advance
disbursement authorizations for new initiatives |
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| |||||||
1 | shall not be made to any
agency after that agency has operated | ||||||
2 | during 2 consecutive fiscal years.
The requirements of this | ||||||
3 | Section concerning advance disbursements shall
not apply with | ||||||
4 | respect to the following: payments to local public agencies
for | ||||||
5 | child day care services as authorized by Section 5a of this | ||||||
6 | Act; and
youth service programs receiving grant funds under | ||||||
7 | Section 17a-4.
| ||||||
8 | (e) (Blank).
| ||||||
9 | (f) (Blank).
| ||||||
10 | (g) The Department shall establish rules and regulations | ||||||
11 | concerning
its operation of programs designed to meet the goals | ||||||
12 | of child safety and
protection,
family preservation, family | ||||||
13 | reunification, and adoption, including but not
limited to:
| ||||||
14 | (1) adoption;
| ||||||
15 | (2) foster care;
| ||||||
16 | (3) family counseling;
| ||||||
17 | (4) protective services;
| ||||||
18 | (5) (blank);
| ||||||
19 | (6) homemaker service;
| ||||||
20 | (7) return of runaway children;
| ||||||
21 | (8) (blank);
| ||||||
22 | (9) placement under Section 5-7 of the Juvenile Court | ||||||
23 | Act or
Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile | ||||||
24 | Court Act of 1987 in
accordance with the federal Adoption | ||||||
25 | Assistance and Child Welfare Act of
1980; and
| ||||||
26 | (10) interstate services.
| ||||||
27 | Rules and regulations established by the Department shall | ||||||
28 | include
provisions for training Department staff and the staff | ||||||
29 | of Department
grantees, through contracts with other agencies | ||||||
30 | or resources, in alcohol
and drug abuse screening techniques | ||||||
31 | approved by the Department of Human
Services, as a successor to | ||||||
32 | the Department of Alcoholism and Substance Abuse,
for the | ||||||
33 | purpose of identifying children and adults who
should be | ||||||
34 | referred to an alcohol and drug abuse treatment program for
| ||||||
35 | professional evaluation.
| ||||||
36 | (h) If the Department finds that there is no appropriate |
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| |||||||
1 | program or
facility within or available to the Department for a | ||||||
2 | ward and that no
licensed private facility has an adequate and | ||||||
3 | appropriate program or none
agrees to accept the ward, the | ||||||
4 | Department shall create an appropriate
individualized, | ||||||
5 | program-oriented plan for such ward. The
plan may be developed | ||||||
6 | within the Department or through purchase of services
by the | ||||||
7 | Department to the extent that it is within its statutory | ||||||
8 | authority
to do.
| ||||||
9 | (i) Service programs shall be available throughout the | ||||||
10 | State and shall
include but not be limited to the following | ||||||
11 | services:
| ||||||
12 | (1) case management;
| ||||||
13 | (2) homemakers;
| ||||||
14 | (3) counseling;
| ||||||
15 | (4) parent education;
| ||||||
16 | (5) day care; and
| ||||||
17 | (6) emergency assistance and advocacy.
| ||||||
18 | In addition, the following services may be made available | ||||||
19 | to assess and
meet the needs of children and families:
| ||||||
20 | (1) comprehensive family-based services;
| ||||||
21 | (2) assessments;
| ||||||
22 | (3) respite care; and
| ||||||
23 | (4) in-home health services.
| ||||||
24 | The Department shall provide transportation for any of the | ||||||
25 | services it
makes available to children or families or for | ||||||
26 | which it refers children
or families.
| ||||||
27 | (j) The Department may provide categories of financial | ||||||
28 | assistance and
education assistance grants, and shall
| ||||||
29 | establish rules and regulations concerning the assistance and | ||||||
30 | grants, to
persons who
adopt physically or mentally | ||||||
31 | handicapped, older and other hard-to-place
children who (i) | ||||||
32 | immediately prior to their adoption were legal wards of
the | ||||||
33 | Department
or (ii) were determined eligible for financial | ||||||
34 | assistance with respect to a
prior adoption and who become | ||||||
35 | available for adoption because the
prior adoption has been | ||||||
36 | dissolved and the parental rights of the adoptive
parents have |
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| |||||||
1 | been
terminated or because the child's adoptive parents have | ||||||
2 | died.
The Department may also provide categories of financial
| ||||||
3 | assistance and education assistance grants, and
shall | ||||||
4 | establish rules and regulations for the assistance and grants, | ||||||
5 | to persons
appointed guardian of the person under Section 5-7 | ||||||
6 | of the Juvenile Court
Act or Section 2-27, 3-28, 4-25 or 5-740 | ||||||
7 | of the Juvenile Court Act of 1987
for children who were wards | ||||||
8 | of the Department for 12 months immediately
prior to the | ||||||
9 | appointment of the guardian.
| ||||||
10 | The amount of assistance may vary, depending upon the needs | ||||||
11 | of the child
and the adoptive parents,
as set forth in the | ||||||
12 | annual
assistance agreement. Special purpose grants are | ||||||
13 | allowed where the child
requires special service but such costs | ||||||
14 | may not exceed the amounts
which similar services would cost | ||||||
15 | the Department if it were to provide or
secure them as guardian | ||||||
16 | of the child.
| ||||||
17 | Any financial assistance provided under this subsection is
| ||||||
18 | inalienable by assignment, sale, execution, attachment, | ||||||
19 | garnishment, or any
other remedy for recovery or collection of | ||||||
20 | a judgment or debt.
| ||||||
21 | (j-5) The Department shall not deny or delay the placement | ||||||
22 | of a child for
adoption
if an approved family is available | ||||||
23 | either outside of the Department region
handling the case,
or | ||||||
24 | outside of the State of Illinois.
| ||||||
25 | (k) The Department shall accept for care and training any | ||||||
26 | child who has
been adjudicated neglected or abused, or | ||||||
27 | dependent committed to it pursuant
to the Juvenile Court Act or | ||||||
28 | the Juvenile Court Act of 1987.
| ||||||
29 | (l) Before July 1, 2000, the Department may provide, and | ||||||
30 | beginning
July 1, 2000, the Department shall
offer family | ||||||
31 | preservation services, as defined in Section 8.2 of the Abused
| ||||||
32 | and
Neglected Child
Reporting Act, to help families, including | ||||||
33 | adoptive and extended families.
Family preservation
services | ||||||
34 | shall be offered (i) to prevent the
placement
of children in
| ||||||
35 | substitute care when the children can be cared for at home or | ||||||
36 | in the custody of
the person
responsible for the children's |
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| |||||||
1 | welfare,
(ii) to
reunite children with their families, or (iii) | ||||||
2 | to
maintain an adoptive placement. Family preservation | ||||||
3 | services shall only be
offered when doing so will not endanger | ||||||
4 | the children's health or safety. With
respect to children who | ||||||
5 | are in substitute care pursuant to the Juvenile Court
Act of | ||||||
6 | 1987, family preservation services shall not be offered if a | ||||||
7 | goal other
than those of subdivisions (A), (B), or (B-1) of | ||||||
8 | subsection (2) of Section 2-28
of
that Act has been set.
| ||||||
9 | Nothing in this paragraph shall be construed to create a | ||||||
10 | private right of
action or claim on the part of any individual | ||||||
11 | or child welfare agency.
| ||||||
12 | The Department shall notify the child and his family of the
| ||||||
13 | Department's
responsibility to offer and provide family | ||||||
14 | preservation services as
identified in the service plan. The | ||||||
15 | child and his family shall be eligible
for services as soon as | ||||||
16 | the report is determined to be "indicated". The
Department may | ||||||
17 | offer services to any child or family with respect to whom a
| ||||||
18 | report of suspected child abuse or neglect has been filed, | ||||||
19 | prior to
concluding its investigation under Section 7.12 of the | ||||||
20 | Abused and Neglected
Child Reporting Act. However, the child's | ||||||
21 | or family's willingness to
accept services shall not be | ||||||
22 | considered in the investigation. The
Department may also | ||||||
23 | provide services to any child or family who is the
subject of | ||||||
24 | any report of suspected child abuse or neglect or may refer | ||||||
25 | such
child or family to services available from other agencies | ||||||
26 | in the community,
even if the report is determined to be | ||||||
27 | unfounded, if the conditions in the
child's or family's home | ||||||
28 | are reasonably likely to subject the child or
family to future | ||||||
29 | reports of suspected child abuse or neglect. Acceptance
of such | ||||||
30 | services shall be voluntary.
| ||||||
31 | The Department may, at its discretion except for those | ||||||
32 | children also
adjudicated neglected or dependent, accept for | ||||||
33 | care and training any child
who has been adjudicated addicted, | ||||||
34 | as a truant minor in need of
supervision or as a minor | ||||||
35 | requiring authoritative intervention, under the
Juvenile Court | ||||||
36 | Act or the Juvenile Court Act of 1987, but no such child
shall |
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| |||||||
1 | be committed to the Department by any court without the | ||||||
2 | approval of
the Department. A minor charged with a criminal | ||||||
3 | offense under the Criminal
Code of 1961 or adjudicated | ||||||
4 | delinquent shall not be placed in the custody of or
committed | ||||||
5 | to the Department by any court, except a minor less than 13 | ||||||
6 | years
of age committed to the Department under Section 5-710 of | ||||||
7 | the Juvenile Court
Act
of 1987.
| ||||||
8 | (l-1) The legislature recognizes that the best interests of | ||||||
9 | the child
require that
the child be placed in the most | ||||||
10 | permanent living arrangement as soon as is
practically
| ||||||
11 | possible. To achieve this goal, the legislature directs the | ||||||
12 | Department of
Children and
Family Services to conduct | ||||||
13 | concurrent planning so that permanency may occur at
the
| ||||||
14 | earliest opportunity. Permanent living arrangements may | ||||||
15 | include prevention of
placement of a child outside the home of | ||||||
16 | the family when the child can be cared
for at
home without | ||||||
17 | endangering the child's health or safety; reunification with | ||||||
18 | the
family,
when safe and appropriate, if temporary placement | ||||||
19 | is necessary; or movement of
the child
toward the most | ||||||
20 | permanent living arrangement and permanent legal status.
| ||||||
21 | When determining reasonable efforts to be made with respect | ||||||
22 | to a child, as
described in this
subsection, and in making such | ||||||
23 | reasonable efforts, the child's health and
safety shall be the
| ||||||
24 | paramount concern.
| ||||||
25 | When a child is placed in foster care, the Department shall | ||||||
26 | ensure and
document that reasonable efforts were made to | ||||||
27 | prevent or eliminate the need to
remove the child from the | ||||||
28 | child's home. The Department must make
reasonable efforts to | ||||||
29 | reunify the family when temporary placement of the child
occurs
| ||||||
30 | unless otherwise required, pursuant to the Juvenile Court Act | ||||||
31 | of 1987.
At any time after the dispositional hearing where the | ||||||
32 | Department believes
that further reunification services would | ||||||
33 | be ineffective, it may request a
finding from the court that | ||||||
34 | reasonable efforts are no longer appropriate. The
Department is | ||||||
35 | not required to provide further reunification services after | ||||||
36 | such
a
finding.
|
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1 | A decision to place a child in substitute care shall be | ||||||
2 | made with
considerations of the child's health, safety, and | ||||||
3 | best interests. At the
time of placement, consideration should | ||||||
4 | also be given so that if reunification
fails or is delayed, the | ||||||
5 | placement made is the best available placement to
provide | ||||||
6 | permanency for the child.
| ||||||
7 | The Department shall adopt rules addressing concurrent | ||||||
8 | planning for
reunification and permanency. The Department | ||||||
9 | shall consider the following
factors when determining | ||||||
10 | appropriateness of concurrent planning:
| ||||||
11 | (1) the likelihood of prompt reunification;
| ||||||
12 | (2) the past history of the family;
| ||||||
13 | (3) the barriers to reunification being addressed by | ||||||
14 | the family;
| ||||||
15 | (4) the level of cooperation of the family;
| ||||||
16 | (5) the foster parents' willingness to work with the | ||||||
17 | family to reunite;
| ||||||
18 | (6) the willingness and ability of the foster family to | ||||||
19 | provide an
adoptive
home or long-term 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 temporary | ||||||
25 | custody
signed by the parents of the child or by the parent | ||||||
26 | having custody of the
child if the parents are not living | ||||||
27 | together or by the guardian or
custodian of the child if | ||||||
28 | the child is not in the custody of either
parent, or
| ||||||
29 | (2) the child is found in the State and neither a | ||||||
30 | parent,
guardian nor custodian of the child can be located.
| ||||||
31 | If the child is found in his or her residence without a parent, | ||||||
32 | guardian,
custodian or responsible caretaker, the Department | ||||||
33 | may, instead of removing
the child and assuming temporary | ||||||
34 | custody, place an authorized
representative of the Department | ||||||
35 | in that residence until such time as a
parent, guardian or | ||||||
36 | custodian enters the home and expresses a willingness
and |
| |||||||
| |||||||
1 | apparent ability to ensure the child's health and safety and | ||||||
2 | resume
permanent
charge of the child, or until a
relative | ||||||
3 | enters the home and is willing and able to ensure the child's | ||||||
4 | health
and
safety and assume charge of the
child until a | ||||||
5 | parent, guardian or custodian enters the home and expresses
| ||||||
6 | such willingness and ability to ensure the child's safety and | ||||||
7 | resume
permanent charge. After a caretaker has remained in the | ||||||
8 | home for a period not
to exceed 12 hours, the Department must | ||||||
9 | follow those procedures outlined in
Section 2-9, 3-11, 4-8, or | ||||||
10 | 5-415 of the Juvenile Court Act
of 1987.
| ||||||
11 | The Department shall have the authority, responsibilities | ||||||
12 | and duties that
a legal custodian of the child would have | ||||||
13 | pursuant to subsection (9) of
Section 1-3 of the Juvenile Court | ||||||
14 | Act of 1987. Whenever a child is taken
into temporary custody | ||||||
15 | pursuant to an investigation under the Abused and
Neglected | ||||||
16 | Child Reporting Act, or pursuant to a referral and acceptance
| ||||||
17 | under the Juvenile Court Act of 1987 of a minor in limited | ||||||
18 | custody, the
Department, during the period of temporary custody | ||||||
19 | and before the child
is brought before a judicial officer as | ||||||
20 | required by Section 2-9, 3-11,
4-8, or 5-415 of the Juvenile | ||||||
21 | Court Act of 1987, shall have
the authority, responsibilities | ||||||
22 | and duties that a legal custodian of the child
would have under | ||||||
23 | subsection (9) of Section 1-3 of the Juvenile Court Act of
| ||||||
24 | 1987.
| ||||||
25 | The Department shall ensure that any child taken into | ||||||
26 | custody
is scheduled for an appointment for a medical | ||||||
27 | examination.
| ||||||
28 | A parent, guardian or custodian of a child in the temporary | ||||||
29 | custody of the
Department who would have custody of the child | ||||||
30 | if he were not in the
temporary custody of the Department may | ||||||
31 | deliver to the Department a signed
request that the Department | ||||||
32 | surrender the temporary custody of the child.
The Department | ||||||
33 | may retain temporary custody of the child for 10 days after
the | ||||||
34 | receipt of the request, during which period the Department may | ||||||
35 | cause to
be filed a petition pursuant to the Juvenile Court Act | ||||||
36 | of 1987. If a
petition is so filed, the Department shall retain |
| |||||||
| |||||||
1 | temporary custody of the
child until the court orders | ||||||
2 | otherwise. If a petition is not filed within
the 10 day period, | ||||||
3 | the child shall be surrendered to the custody of the
requesting | ||||||
4 | parent, guardian or custodian not later than the expiration of
| ||||||
5 | the 10 day period, at which time the authority and duties of | ||||||
6 | the Department
with respect to the temporary custody of the | ||||||
7 | child shall terminate.
| ||||||
8 | (m-1) The Department may place children under 18 years of | ||||||
9 | age in a secure
child care facility licensed by the Department | ||||||
10 | that cares for children who are
in need of secure living | ||||||
11 | arrangements for their health, safety, and well-being
after a | ||||||
12 | determination is made by the facility director and the Director | ||||||
13 | or the
Director's designate prior to admission to the facility | ||||||
14 | subject to Section
2-27.1 of the Juvenile Court Act of 1987. | ||||||
15 | This subsection (m-1) does not apply
to a child who is subject | ||||||
16 | to placement in a correctional facility operated
pursuant to | ||||||
17 | Section 3-15-2 of the Unified Code of Corrections, unless the
| ||||||
18 | child is a ward who was placed under the care of the Department | ||||||
19 | before being
subject to placement in a correctional facility | ||||||
20 | and a court of competent
jurisdiction has ordered placement of | ||||||
21 | the child in a secure care facility.
| ||||||
22 | (n) The Department may place children under 18 years of age | ||||||
23 | in
licensed child care facilities when in the opinion of the | ||||||
24 | Department,
appropriate services aimed at family preservation | ||||||
25 | have been unsuccessful and
cannot ensure the child's health and | ||||||
26 | safety or are unavailable and such
placement would be for their | ||||||
27 | best interest. Payment
for board, clothing, care, training and | ||||||
28 | supervision of any child placed in
a licensed child care | ||||||
29 | facility may be made by the Department, by the
parents or | ||||||
30 | guardians of the estates of those children, or by both the
| ||||||
31 | Department and the parents or guardians, except that no | ||||||
32 | payments shall be
made by the Department for any child placed | ||||||
33 | in a licensed child care
facility for board, clothing, care, | ||||||
34 | training and supervision of such a
child that exceed the | ||||||
35 | average per capita cost of maintaining and of caring
for a | ||||||
36 | child in institutions for dependent or neglected children |
| |||||||
| |||||||
1 | operated by
the Department. However, such restriction on | ||||||
2 | payments does not apply in
cases where children require | ||||||
3 | specialized care and treatment for problems of
severe emotional | ||||||
4 | disturbance, physical disability, social adjustment, or
any | ||||||
5 | combination thereof and suitable facilities for the placement | ||||||
6 | of such
children are not available at payment rates within the | ||||||
7 | limitations set
forth in this Section. All reimbursements for | ||||||
8 | services delivered shall be
absolutely inalienable by | ||||||
9 | assignment, sale, attachment, garnishment or
otherwise.
| ||||||
10 | (o) The Department shall establish an administrative | ||||||
11 | review and appeal
process for children and families who request | ||||||
12 | or receive child welfare
services from the Department. Children | ||||||
13 | who are wards of the Department and
are placed by private child | ||||||
14 | welfare agencies, and foster families with whom
those children | ||||||
15 | are placed, shall be afforded the same procedural and appeal
| ||||||
16 | rights as children and families in the case of placement by the | ||||||
17 | Department,
including the right to an initial review of a | ||||||
18 | private agency decision by
that agency. The Department shall | ||||||
19 | insure that any private child welfare
agency, which accepts | ||||||
20 | wards of the Department for placement, affords those
rights to | ||||||
21 | children and foster families. The Department shall accept for
| ||||||
22 | administrative review and an appeal hearing a complaint made by | ||||||
23 | (i) a child
or foster family concerning a decision following an | ||||||
24 | initial review by a
private child welfare agency or (ii) a | ||||||
25 | prospective adoptive parent who alleges
a violation of | ||||||
26 | subsection (j-5) of this Section. An appeal of a decision
| ||||||
27 | concerning a change in the placement of a child shall be | ||||||
28 | conducted in an
expedited manner.
| ||||||
29 | (p) There is hereby created the Department of Children and | ||||||
30 | Family
Services Emergency Assistance Fund from which the | ||||||
31 | Department may provide
special financial assistance to | ||||||
32 | families which are in economic crisis when
such assistance is | ||||||
33 | not available through other public or private sources
and the | ||||||
34 | assistance is deemed necessary to prevent dissolution of the | ||||||
35 | family
unit or to reunite families which have been separated | ||||||
36 | due to child abuse and
neglect. The Department shall establish |
| |||||||
| |||||||
1 | administrative rules specifying
the criteria for determining | ||||||
2 | eligibility for and the amount and nature of
assistance to be | ||||||
3 | provided. The Department may also enter into written
agreements | ||||||
4 | with private and public social service agencies to provide
| ||||||
5 | emergency financial services to families referred by the | ||||||
6 | Department.
Special financial assistance payments shall be | ||||||
7 | available to a family no
more than once during each fiscal year | ||||||
8 | and the total payments to a
family may not exceed $500 during a | ||||||
9 | fiscal year.
| ||||||
10 | (q) The Department may receive and use, in their entirety, | ||||||
11 | for the
benefit of children any gift, donation , or bequest of | ||||||
12 | money or other
property which is received on behalf of such | ||||||
13 | children, or any financial
benefits to which such children are | ||||||
14 | or may become entitled while under
the jurisdiction or care of | ||||||
15 | the Department.
If the person who gives, donates, or bequeaths | ||||||
16 | money or other property that is received by the Department for | ||||||
17 | the benefit of children provides in writing that the money or | ||||||
18 | other property is for a specific purpose, the Department shall | ||||||
19 | use the money or other property only for that purpose.
| ||||||
20 | The Department shall set up and administer no-cost, | ||||||
21 | interest-bearing accounts
in appropriate financial | ||||||
22 | institutions
for children for whom the Department is legally | ||||||
23 | responsible and who have been
determined eligible for Veterans' | ||||||
24 | Benefits, Social Security benefits,
assistance allotments from | ||||||
25 | the armed forces, court ordered payments, parental
voluntary | ||||||
26 | payments, Supplemental Security Income, Railroad Retirement
| ||||||
27 | payments, Black Lung benefits, or other miscellaneous | ||||||
28 | payments. Interest
earned by each account shall be credited to | ||||||
29 | the account, unless
disbursed in accordance with this | ||||||
30 | subsection.
| ||||||
31 | In disbursing funds from children's accounts, the
The
| ||||||
32 | Department
shall:
| ||||||
33 | (1) establish standards in accordance with State and | ||||||
34 | federal laws for
disbursing money from children's | ||||||
35 | accounts. In all
circumstances,
the Department's | ||||||
36 | "Guardianship Administrator" or his or her designee must
|
| |||||||
| |||||||
1 | approve disbursements from children's accounts. The | ||||||
2 | Department
shall be responsible for keeping complete | ||||||
3 | records of all disbursements for each
account for any | ||||||
4 | purpose.
| ||||||
5 | (2) Calculate on a monthly basis the amounts paid from | ||||||
6 | State funds for
the
child's board and care, medical care | ||||||
7 | not covered under Medicaid, and social
services; and | ||||||
8 | utilize funds from the child's account, as
covered by | ||||||
9 | regulation, to reimburse those costs. Monthly, | ||||||
10 | disbursements from
all children's accounts, up to 1/12 of | ||||||
11 | $13,000,000, shall be
deposited by the Department into the | ||||||
12 | General Revenue Fund and the balance over
1/12 of | ||||||
13 | $13,000,000 into the DCFS Children's Services Fund.
| ||||||
14 | (3) Maintain any balance remaining after reimbursing | ||||||
15 | for the child's costs
of care, as specified in item (2).
| ||||||
16 | The balance shall accumulate in accordance
with relevant | ||||||
17 | State and federal laws and shall be disbursed to the child | ||||||
18 | or his
or her guardian, or to the issuing agency.
| ||||||
19 | On and after October 1, 2005, subject to appropriation, all | ||||||
20 | youths emancipated from the Department are eligible to receive | ||||||
21 | a payment from the Department not to exceed $1,500 for the | ||||||
22 | purpose of promoting successful transition outcomes by | ||||||
23 | supporting initial housing and living expenses for the | ||||||
24 | recipient. Prior to October 1, 2005, the Department shall | ||||||
25 | establish by rule (i) eligibility criteria for the receipt of | ||||||
26 | funds under this paragraph and (ii) a process for disseminating | ||||||
27 | the payments.
| ||||||
28 | (r) The Department shall promulgate regulations | ||||||
29 | encouraging all adoption
agencies to voluntarily forward to the | ||||||
30 | Department or its agent names and
addresses of all persons who | ||||||
31 | have applied for and have been approved for
adoption of a | ||||||
32 | hard-to-place or handicapped child and the names of such
| ||||||
33 | children who have not been placed for adoption. A list of such | ||||||
34 | names and
addresses shall be maintained by the Department or | ||||||
35 | its agent, and coded
lists which maintain the confidentiality | ||||||
36 | of the person seeking to adopt the
child and of the child shall |
| |||||||
| |||||||
1 | be made available, without charge, to every
adoption agency in | ||||||
2 | the State to assist the agencies in placing such
children for | ||||||
3 | adoption. The Department may delegate to an agent its duty to
| ||||||
4 | maintain and make available such lists. The Department shall | ||||||
5 | ensure that
such agent maintains the confidentiality of the | ||||||
6 | person seeking to adopt the
child and of the child.
| ||||||
7 | (s) The Department of Children and Family Services may | ||||||
8 | establish and
implement a program to reimburse Department and | ||||||
9 | private child welfare
agency foster parents licensed by the | ||||||
10 | Department of Children and Family
Services for damages | ||||||
11 | sustained by the foster parents as a result of the
malicious or | ||||||
12 | negligent acts of foster children, as well as providing third
| ||||||
13 | party coverage for such foster parents with regard to actions | ||||||
14 | of foster
children to other individuals. Such coverage will be | ||||||
15 | secondary to the
foster parent liability insurance policy, if | ||||||
16 | applicable. The program shall
be funded through appropriations | ||||||
17 | from the General Revenue Fund,
specifically designated for such | ||||||
18 | purposes.
| ||||||
19 | (t) The Department shall perform home studies and | ||||||
20 | investigations and
shall exercise supervision over visitation | ||||||
21 | as ordered by a court pursuant
to the Illinois Marriage and | ||||||
22 | Dissolution of Marriage Act or the Adoption
Act only if:
| ||||||
23 | (1) an order entered by an Illinois court specifically
| ||||||
24 | directs the Department to perform such services; and
| ||||||
25 | (2) the court has ordered one or both of the parties to
| ||||||
26 | the proceeding to reimburse the Department for its | ||||||
27 | reasonable costs for
providing such services in accordance | ||||||
28 | with Department rules, or has
determined that neither party | ||||||
29 | 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 order. | ||||||
33 | The Department shall send to the court
information related to | ||||||
34 | the costs incurred except in cases where the court
has | ||||||
35 | determined the parties are financially unable to pay. The court | ||||||
36 | may
order additional periodic reports as appropriate.
|
| |||||||
| |||||||
1 | (u) Whenever the Department places a child in a licensed | ||||||
2 | foster home,
group home, child care institution, or in a | ||||||
3 | relative home, the Department
shall provide to the caretaker:
| ||||||
4 | (1) available detailed information concerning the | ||||||
5 | child's educational
and health history, copies of | ||||||
6 | immunization records (including insurance
and medical card | ||||||
7 | information), a history of the child's previous | ||||||
8 | placements,
if any, and reasons for placement changes | ||||||
9 | excluding any information that
identifies or reveals the | ||||||
10 | location of any previous caretaker;
| ||||||
11 | (2) a copy of the child's portion of the client service | ||||||
12 | plan, including
any visitation arrangement, and all | ||||||
13 | amendments or revisions to it as
related to the child; and
| ||||||
14 | (3) information containing details of the child's | ||||||
15 | individualized
educational plan when the child is | ||||||
16 | receiving special education services.
| ||||||
17 | The caretaker shall be informed of any known social or | ||||||
18 | behavioral
information (including, but not limited to, | ||||||
19 | criminal background, fire
setting, perpetuation of
sexual | ||||||
20 | abuse, destructive behavior, and substance abuse) necessary to | ||||||
21 | care
for and safeguard the child.
| ||||||
22 | (u-5) Effective July 1, 1995, only foster care placements | ||||||
23 | licensed as
foster family homes pursuant to the Child Care Act | ||||||
24 | of 1969 shall be eligible to
receive foster care payments from | ||||||
25 | the Department.
Relative caregivers who, as of July 1, 1995, | ||||||
26 | were approved pursuant to approved
relative placement rules | ||||||
27 | previously promulgated by the Department at 89 Ill.
Adm. Code | ||||||
28 | 335 and had submitted an application for licensure as a foster | ||||||
29 | family
home may continue to receive foster care payments only | ||||||
30 | until the Department
determines that they may be licensed as a | ||||||
31 | foster family home or that their
application for licensure is | ||||||
32 | denied or until September 30, 1995, whichever
occurs first.
| ||||||
33 | (v) The Department shall access criminal history record | ||||||
34 | information
as defined in the Illinois Uniform Conviction | ||||||
35 | Information Act and information
maintained in the adjudicatory | ||||||
36 | and dispositional record system as defined in
Section 2605-355 |
| |||||||
| |||||||
1 | of the
Department of State Police Law (20 ILCS 2605/2605-355)
| ||||||
2 | if the Department determines the information is necessary to | ||||||
3 | perform its duties
under the Abused and Neglected Child | ||||||
4 | Reporting Act, the Child Care Act of 1969,
and the Children and | ||||||
5 | Family Services Act. The Department shall provide for
| ||||||
6 | interactive computerized communication and processing | ||||||
7 | equipment that permits
direct on-line communication with the | ||||||
8 | Department of State Police's central
criminal history data | ||||||
9 | repository. The Department shall comply with all
certification | ||||||
10 | requirements and provide certified operators who have been
| ||||||
11 | trained by personnel from the Department of State Police. In | ||||||
12 | addition, one
Office of the Inspector General investigator | ||||||
13 | shall have training in the use of
the criminal history | ||||||
14 | information access system and have
access to the terminal. The | ||||||
15 | Department of Children and Family Services and its
employees | ||||||
16 | shall abide by rules and regulations established by the | ||||||
17 | Department of
State Police relating to the access and | ||||||
18 | dissemination of
this information.
| ||||||
19 | (w) Within 120 days of August 20, 1995 (the effective date | ||||||
20 | of Public Act
89-392), the Department shall prepare and submit | ||||||
21 | to the Governor and the
General Assembly, a written plan for | ||||||
22 | the development of in-state licensed
secure child care | ||||||
23 | facilities that care for children who are in need of secure
| ||||||
24 | living
arrangements for their health, safety, and well-being. | ||||||
25 | For purposes of this
subsection, secure care facility shall | ||||||
26 | mean a facility that is designed and
operated to ensure that | ||||||
27 | all entrances and exits from the facility, a building
or a | ||||||
28 | distinct part of the building, are under the exclusive control | ||||||
29 | of the
staff of the facility, whether or not the child has the | ||||||
30 | freedom of movement
within the perimeter of the facility, | ||||||
31 | building, or distinct part of the
building. The plan shall | ||||||
32 | include descriptions of the types of facilities that
are needed | ||||||
33 | in Illinois; the cost of developing these secure care | ||||||
34 | facilities;
the estimated number of placements; the potential | ||||||
35 | cost savings resulting from
the movement of children currently | ||||||
36 | out-of-state who are projected to be
returned to Illinois; the |
| |||||||
| |||||||
1 | necessary geographic distribution of these
facilities in | ||||||
2 | Illinois; and a proposed timetable for development of such
| ||||||
3 | facilities.
| ||||||
4 | (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; | ||||||
5 | 91-812, eff.
6-13-00; 92-154, eff. 1-1-02.)
| ||||||
6 | Section 99. Effective date. This Act takes effect January | ||||||
7 | 1, 2006.
|