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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Children and Family Services Act is amended | ||||||
5 | by changing Section 34.11 as follows:
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6 | (20 ILCS 505/34.11)
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7 | Sec. 34.11. Lou Jones Grandparent Child Care Program
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8 | Grandparent child care program .
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9 | (a) The General Assembly finds and declares the following:
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10 | (1) An increasing number of children under the age of | ||||||
11 | 18, including many
children who would otherwise be at risk | ||||||
12 | of abuse or neglect, are in the care of
a grandparent or | ||||||
13 | other nonparent relative.
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14 | (2) The principal causes of this increase include | ||||||
15 | parental substance
abuse, child abuse, mental illness, | ||||||
16 | poverty, and death, as well as concerted
efforts by | ||||||
17 | families and by the child welfare service system to keep | ||||||
18 | children
with relatives whenever possible.
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19 | (3) Grandparents and older relatives providing primary | ||||||
20 | care for at-risk
children may experience unique resultant | ||||||
21 | problems, such as financial stress due
to limited incomes, | ||||||
22 | emotional difficulties dealing with the loss of the child's
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23 | parents or the child's unique behaviors, and decreased |
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1 | physical stamina coupled
with a much higher incidence of | ||||||
2 | chronic illness.
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3 | (4) Many children being raised by nonparent relatives | ||||||
4 | experience one or a
combination of emotional, behavioral, | ||||||
5 | psychological, academic, or medical
problems, especially | ||||||
6 | those born to a substance-abusing mother or at risk of
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7 | child abuse, neglect, or abandonment.
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8 | (5) Grandparents and other relatives providing primary | ||||||
9 | care for children
lack appropriate information about the | ||||||
10 | issues of kinship care, the special
needs (both physical | ||||||
11 | and psychological) of children born to a substance-abusing
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12 | mother or at risk of child abuse, neglect, or abandonment, | ||||||
13 | and the support
resources currently available to them.
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14 | (6) An increasing number of grandparents and other | ||||||
15 | relatives age 60 or older are adopting or becoming the | ||||||
16 | subsidized guardians of children placed in their care by | ||||||
17 | the Department. Some of these children will experience the | ||||||
18 | death of their adoptive parent or guardian before reaching | ||||||
19 | the age of 18. For most of these children, no legal plan | ||||||
20 | has been made for the child's future care and custody in | ||||||
21 | the event of the caregiver's death or incapacity. | ||||||
22 | (7) Grandparents and other relatives providing primary | ||||||
23 | care for children lack appropriate information about | ||||||
24 | future care and custody planning for children in their | ||||||
25 | care. They also lack access to resources that may assist | ||||||
26 | them in developing future legal care and custody plans for |
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1 | children in their legal custody.
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2 | (b) The Department may establish an informational and | ||||||
3 | educational program
for grandparents and other relatives who | ||||||
4 | provide primary care for children who
are at risk of child | ||||||
5 | abuse, neglect, or abandonment or who were born to
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6 | substance-abusing mothers. As a part of the program, the | ||||||
7 | Department may
develop, publish, and distribute an | ||||||
8 | informational brochure for grandparents and
other relatives | ||||||
9 | who provide primary care for children who are at risk of child
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10 | abuse, neglect, or abandonment or who were born to | ||||||
11 | substance-abusing mothers.
The information provided under the | ||||||
12 | program authorized by this Section may
include, but is not | ||||||
13 | limited to the following:
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14 | (1) The most prevalent causes of kinship care, | ||||||
15 | especially the risk of
substance exposure or child abuse, | ||||||
16 | neglect, or abandonment.
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17 | (2) The problems experienced by children being raised | ||||||
18 | by nonparent
caregivers.
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19 | (3) The problems experienced by grandparents and other | ||||||
20 | nonparent relatives
providing primary care for children | ||||||
21 | who have special needs.
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22 | (4) The legal system as it relates to children and | ||||||
23 | their nonparent primary
caregivers.
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24 | (5) The benefits available to children and their | ||||||
25 | nonparent primary
caregivers.
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26 | (6) A list of support groups and resources located |
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1 | throughout the State.
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2 | The brochure may be distributed through hospitals, public | ||||||
3 | health nurses,
child protective services, medical professional | ||||||
4 | offices, elementary and
secondary schools, senior citizen | ||||||
5 | centers, public libraries, community action
agencies selected | ||||||
6 | by the Department, and the Department of Human Services.
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7 | (c) In addition to other provisions of this Section, the | ||||||
8 | Department shall establish a program of information, social | ||||||
9 | work services, and legal services for any person age 60 or over | ||||||
10 | and any other person who may be in need of a future legal care | ||||||
11 | and custody plan who adopt, have adopted, take guardianship of, | ||||||
12 | or have taken guardianship of children previously in the | ||||||
13 | Department's custody. This program shall also assist families | ||||||
14 | of deceased adoptive parents and guardians. As part of the | ||||||
15 | program, the Department shall:
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16 | (1) Develop a protocol for identification of persons | ||||||
17 | age 60 or over and others who may be in need of future care | ||||||
18 | and custody plans, including ill caregivers, who are | ||||||
19 | adoptive parents, prospective adoptive parents, guardians, | ||||||
20 | or prospective guardians of children who are or have been | ||||||
21 | in Department custody.
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22 | (2) Provide outreach to caregivers before and after | ||||||
23 | adoption and guardianship, and to the families of deceased | ||||||
24 | caregivers, regarding Illinois legal options for future | ||||||
25 | care and custody of children.
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26 | (3) Provide training for Department and private agency |
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1 | staff on methods of assisting caregivers before and after | ||||||
2 | adoption and guardianship, and the families of older and | ||||||
3 | ill caregivers, who wish to make future care and custody | ||||||
4 | plans for children who have been wards of the Department | ||||||
5 | and who are or will be adopted by or are or will become | ||||||
6 | wards of those caregivers.
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7 | (4) Ensure that all caregivers age 60 or over who will | ||||||
8 | adopt or will become guardians of children previously in | ||||||
9 | Department custody have specifically designated future | ||||||
10 | caregivers for children in their care. The Department shall | ||||||
11 | document this designation, and the Department shall also | ||||||
12 | document acceptance of this responsibility by any future | ||||||
13 | caregiver. Documentation of future care designation shall | ||||||
14 | be included in each child's case file and adoption or | ||||||
15 | guardianship subsidy files as applicable to the child.
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16 | (5) Ensure that any designated future caregiver and the | ||||||
17 | family of a deceased caregiver have information on the | ||||||
18 | financial needs of the child and future resources that may | ||||||
19 | be available to support the child, including any adoption | ||||||
20 | assistance and subsidized guardianship for which the child | ||||||
21 | is or may be eligible.
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22 | (6) With respect to programs of social work and legal | ||||||
23 | services:
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24 | (i) Provide contracted social work services to | ||||||
25 | older and ill caregivers, and the families of deceased | ||||||
26 | caregivers, including those who will or have adopted or |
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1 | will take or have taken guardianship of children | ||||||
2 | previously in Department custody. Social work services | ||||||
3 | to caregivers will have the goal of securing a future | ||||||
4 | care and custody plan for children in their care. Such | ||||||
5 | services will include providing information to the | ||||||
6 | caregivers and families on standby guardianship, | ||||||
7 | guardianship, standby adoption, and adoption. The | ||||||
8 | Department will assist the caregiver in developing a | ||||||
9 | plan for the child if the caregiver becomes | ||||||
10 | incapacitated or terminally ill, or dies while the | ||||||
11 | child is a minor. The Department shall develop a form | ||||||
12 | to document the information given to caregivers and to | ||||||
13 | document plans for future custody, in addition to the | ||||||
14 | documentation described in subsection (b) (4). This | ||||||
15 | form shall be included in each child's case file and | ||||||
16 | adoption or guardianship subsidy files as applicable | ||||||
17 | to the child.
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18 | (ii) Through a program of contracted legal | ||||||
19 | services, assist older and ill caregivers, and the | ||||||
20 | families of deceased caregivers, with the goal of | ||||||
21 | securing court-ordered future care and custody plans | ||||||
22 | for children in their care. Court-ordered future care | ||||||
23 | and custody plans may include: standby guardianship, | ||||||
24 | successor guardianship, standby adoption, and | ||||||
25 | successor adoption. The program will also study ways in | ||||||
26 | which to provide timely and cost-effective legal |
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1 | services to older and ill caregivers, and to families | ||||||
2 | of deceased caregivers in order to ensure permanency | ||||||
3 | for children in their care.
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4 | (7) Ensure that future caregivers designated by | ||||||
5 | adoptive parents or guardians, and the families of deceased | ||||||
6 | caregivers, understand their rights and potential | ||||||
7 | responsibilities and shall be able to provide adequate | ||||||
8 | support and education for children who may become their | ||||||
9 | legal responsibility.
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10 | (8) Ensure that future caregivers designated by | ||||||
11 | adoptive parents and guardians, and the families of | ||||||
12 | deceased caregivers, understand the problems of children | ||||||
13 | who have experienced multiple caregivers and who may have | ||||||
14 | experienced abuse, neglect, or abandonment or may have been | ||||||
15 | born to substance-abusing mothers.
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16 | (9) Ensure that future caregivers designated by | ||||||
17 | adoptive parents and guardians, and the families of | ||||||
18 | deceased caregivers, understand the problems experienced | ||||||
19 | by older and ill caregivers of children, including children | ||||||
20 | with special needs, such as financial stress due to limited | ||||||
21 | income and increased financial responsibility, emotional | ||||||
22 | difficulties associated with the loss of a child's parent | ||||||
23 | or the child's unique behaviors, the special needs of a | ||||||
24 | child who may come into their custody or whose parent or | ||||||
25 | guardian is already deceased, and decreased physical | ||||||
26 | stamina and a higher rate of chronic illness and other |
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1 | health concerns.
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2 | (10) Provide additional services as needed to families | ||||||
3 | in which a designated caregiver appointed by the court or a | ||||||
4 | caregiver designated in a will or other legal document | ||||||
5 | cannot or will not fulfill the responsibilities as adoptive | ||||||
6 | parent, guardian, or legal custodian of the child.
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7 | (d) The Department shall consult with the Department on | ||||||
8 | Aging and any other agency it deems appropriate as the | ||||||
9 | Department develops the program required by subsection (c).
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10 | Notwithstanding any other rulemaking authority that may | ||||||
11 | exist, neither the Governor nor any agency or agency head under | ||||||
12 | the jurisdiction of the Governor has any authority to make or | ||||||
13 | promulgate rules to implement or enforce the provisions of this | ||||||
14 | amendatory Act of the 95th General Assembly. If, however, the | ||||||
15 | Governor believes that rules are necessary to implement or | ||||||
16 | enforce the provisions of this amendatory Act of the 95th | ||||||
17 | General Assembly, the Governor may suggest rules to the General | ||||||
18 | Assembly by filing them with the Clerk of the House and the | ||||||
19 | Secretary of the Senate and by requesting that the General | ||||||
20 | Assembly authorize such rulemaking by law, enact those | ||||||
21 | suggested rules into law, or take any other appropriate action | ||||||
22 | in the General Assembly's discretion. Nothing contained in this | ||||||
23 | amendatory Act of the 95th General Assembly shall be | ||||||
24 | interpreted to grant rulemaking authority under any other | ||||||
25 | Illinois statute where such authority is not otherwise | ||||||
26 | explicitly given. For the purposes of this subsection, "rules" |
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1 | is given the meaning contained in Section 1-70 of the Illinois | ||||||
2 | Administrative Procedure Act, and "agency" and "agency head" | ||||||
3 | are given the meanings contained in Sections 1-20 and 1-25 of | ||||||
4 | the Illinois Administrative Procedure Act to the extent that | ||||||
5 | such definitions apply to agencies or agency heads under the | ||||||
6 | jurisdiction of the Governor.
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7 | (Source: P.A. 88-229; 88-670, eff. 12-2-94; 89-507, eff. | ||||||
8 | 7-1-97.)
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9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law.
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