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1    AN ACT concerning children.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Children and Family Services Act is amended
5by changing Sections 4b, 5, 5c, 5d, 7, 7.3, 7.3a, 7.4, 7.8, 8,
68a, 8b, 9.3, 9.5, 17, 21, 35.5, 35.6, and 35.9 as follows:
 
7    (20 ILCS 505/4b)
8    Sec. 4b. Youth transitional housing programs.
9    (a) The Department may license youth transitional housing
10programs. For the purposes of this Section, "youth
11transitional housing program" means a program that provides
12shelter or housing and services to eligible homeless minors.
13Services provided by the youth transitional housing program
14may include a service assessment, individualized case
15management, and life skills training. The Department shall
16adopt rules governing the licensure of those programs.
17    (b) A homeless minor is eligible if:
18        (1) the homeless minor he or she is at least 16 years
19    of age but less than 18 years of age;
20        (2) the homeless minor lacks a regular, fixed, and
21    adequate place to live;
22        (3) the homeless minor is living apart from the
23    minor's his or her parent or guardian;

 

 

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1        (4) the homeless minor desires to participate in a
2    licensed youth transitional housing program;
3        (5) a licensed youth transitional housing program is
4    able to provide housing and services;
5        (6) the licensed youth transitional housing program
6    has determined the homeless minor is eligible for the
7    youth transitional housing program; and
8        (7) either the homeless minor's parent has consented
9    to the transitional housing program or the minor has
10    consented after:
11            (A) a comprehensive community based youth service
12        agency has provided crisis intervention services to
13        the homeless minor under Section 3-5 of the Juvenile
14        Court Act of 1987 and the agency was unable to achieve
15        either family reunification or an alternate living
16        arrangement;
17            (B) the Department has not filed a petition
18        alleging that the homeless minor is abused or
19        neglected and the minor does not require placement in
20        a residential facility, as defined by 89 Ill. Adm.
21        Code 301.20;
22            (C) the youth transitional housing program or
23        comprehensive community based youth services agency
24        has made reasonable efforts and documented its
25        attempts to notify the homeless minor's parent or
26        guardian of the homeless minor's intent to enter the

 

 

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1        youth transitional housing program.
2    (d) If an eligible homeless minor voluntarily leaves or is
3dismissed from a youth transitional housing program prior to
4reaching the age of majority, the youth transitional housing
5program agency shall contact the comprehensive community based
6youth services agency that provided crisis intervention
7services to the eligible homeless minor under subdivision
8(b)(7)(A) of this Section to assist in finding an alternative
9placement for the minor. If the eligible homeless minor leaves
10the program before beginning services with the comprehensive
11community based youth service provider, then the youth
12transitional housing program shall notify the local law
13enforcement authorities and make reasonable efforts to notify
14the minor's parent or guardian that the minor has left the
15program.
16    (e) Nothing in this Section shall be construed to require
17an eligible homeless minor to acquire the consent of a parent,
18guardian, or custodian to consent to a youth transitional
19housing program. An eligible homeless minor is deemed to have
20the legal capacity to consent to receiving housing and
21services from a licensed youth transitional housing program.
22    (f) The purpose of this Section is to provide a means by
23which an eligible homeless minor may have the authority to
24consent, independent of the homeless minor's his or her
25parents or guardian, to receive housing and services as
26described in subsection (a) of this Section provided by a

 

 

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1licensed youth transitional housing program that has the
2ability to serve the homeless minor. This Section is not
3intended to interfere with the integrity of the family or the
4rights of parents and their children. This Section does not
5limit or exclude any means by which a minor may become
6emancipated.
7(Source: P.A. 100-162, eff. 1-1-18.)
 
8    (20 ILCS 505/5)  (from Ch. 23, par. 5005)
9    Sec. 5. Direct child welfare services; Department of
10Children and Family Services. To provide direct child welfare
11services when not available through other public or private
12child care or program facilities.
13    (a) For purposes of this Section:
14        (1) "Children" means persons found within the State
15    who are under the age of 18 years. The term also includes
16    persons under age 21 who:
17            (A) were committed to the Department pursuant to
18        the Juvenile Court Act or the Juvenile Court Act of
19        1987 and who continue under the jurisdiction of the
20        court; or
21            (B) were accepted for care, service and training
22        by the Department prior to the age of 18 and whose best
23        interest in the discretion of the Department would be
24        served by continuing that care, service and training
25        because of severe emotional disturbances, physical

 

 

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1        disability, social adjustment or any combination
2        thereof, or because of the need to complete an
3        educational or vocational training program.
4        (2) "Homeless youth" means persons found within the
5    State who are under the age of 19, are not in a safe and
6    stable living situation and cannot be reunited with their
7    families.
8        (3) "Child welfare services" means public social
9    services which are directed toward the accomplishment of
10    the following purposes:
11            (A) protecting and promoting the health, safety
12        and welfare of children, including homeless,
13        dependent, or neglected children;
14            (B) remedying, or assisting in the solution of
15        problems which may result in, the neglect, abuse,
16        exploitation, or delinquency of children;
17            (C) preventing the unnecessary separation of
18        children from their families by identifying family
19        problems, assisting families in resolving their
20        problems, and preventing the breakup of the family
21        where the prevention of child removal is desirable and
22        possible when the child can be cared for at home
23        without endangering the child's health and safety;
24            (D) restoring to their families children who have
25        been removed, by the provision of services to the
26        child and the families when the child can be cared for

 

 

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1        at home without endangering the child's health and
2        safety;
3            (E) placing children in suitable adoptive homes,
4        in cases where restoration to the birth biological
5        family is not safe, possible, or appropriate;
6            (F) assuring safe and adequate care of children
7        away from their homes, in cases where the child cannot
8        be returned home or cannot be placed for adoption. At
9        the time of placement, the Department shall consider
10        concurrent planning, as described in subsection (l-1)
11        of this Section so that permanency may occur at the
12        earliest opportunity. Consideration should be given so
13        that if reunification fails or is delayed, the
14        placement made is the best available placement to
15        provide permanency for the child;
16            (G) (blank);
17            (H) (blank); and
18            (I) placing and maintaining children in facilities
19        that provide separate living quarters for children
20        under the age of 18 and for children 18 years of age
21        and older, unless a child 18 years of age is in the
22        last year of high school education or vocational
23        training, in an approved individual or group treatment
24        program, in a licensed shelter facility, or secure
25        child care facility. The Department is not required to
26        place or maintain children:

 

 

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1                (i) who are in a foster home, or
2                (ii) who are persons with a developmental
3            disability, as defined in the Mental Health and
4            Developmental Disabilities Code, or
5                (iii) who are female children who are
6            pregnant, pregnant and parenting, or parenting, or
7                (iv) who are siblings, in facilities that
8            provide separate living quarters for children 18
9            years of age and older and for children under 18
10            years of age.
11    (b) (Blank).
12    (c) The Department shall establish and maintain
13tax-supported child welfare services and extend and seek to
14improve voluntary services throughout the State, to the end
15that services and care shall be available on an equal basis
16throughout the State to children requiring such services.
17    (d) The Director may authorize advance disbursements for
18any new program initiative to any agency contracting with the
19Department. As a prerequisite for an advance disbursement, the
20contractor must post a surety bond in the amount of the advance
21disbursement and have a purchase of service contract approved
22by the Department. The Department may pay up to 2 months
23operational expenses in advance. The amount of the advance
24disbursement shall be prorated over the life of the contract
25or the remaining months of the fiscal year, whichever is less,
26and the installment amount shall then be deducted from future

 

 

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1bills. Advance disbursement authorizations for new initiatives
2shall not be made to any agency after that agency has operated
3during 2 consecutive fiscal years. The requirements of this
4Section concerning advance disbursements shall not apply with
5respect to the following: payments to local public agencies
6for child day care services as authorized by Section 5a of this
7Act; and youth service programs receiving grant funds under
8Section 17a-4.
9    (e) (Blank).
10    (f) (Blank).
11    (g) The Department shall establish rules and regulations
12concerning its operation of programs designed to meet the
13goals of child safety and protection, family preservation,
14family reunification, and adoption, including, but not limited
15to:
16        (1) adoption;
17        (2) foster care;
18        (3) family counseling;
19        (4) protective services;
20        (5) (blank);
21        (6) homemaker service;
22        (7) return of runaway children;
23        (8) (blank);
24        (9) placement under Section 5-7 of the Juvenile Court
25    Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
26    Court Act of 1987 in accordance with the federal Adoption

 

 

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1    Assistance and Child Welfare Act of 1980; and
2        (10) interstate services.
3    Rules and regulations established by the Department shall
4include provisions for training Department staff and the staff
5of Department grantees, through contracts with other agencies
6or resources, in screening techniques to identify substance
7use disorders, as defined in the Substance Use Disorder Act,
8approved by the Department of Human Services, as a successor
9to the Department of Alcoholism and Substance Abuse, for the
10purpose of identifying children and adults who should be
11referred for an assessment at an organization appropriately
12licensed by the Department of Human Services for substance use
13disorder treatment.
14    (h) If the Department finds that there is no appropriate
15program or facility within or available to the Department for
16a youth in care and that no licensed private facility has an
17adequate and appropriate program or none agrees to accept the
18youth in care, the Department shall create an appropriate
19individualized, program-oriented plan for such youth in care.
20The plan may be developed within the Department or through
21purchase of services by the Department to the extent that it is
22within its statutory authority to do.
23    (i) Service programs shall be available throughout the
24State and shall include but not be limited to the following
25services:
26        (1) case management;

 

 

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1        (2) homemakers;
2        (3) counseling;
3        (4) parent education;
4        (5) day care; and
5        (6) emergency assistance and advocacy.
6    In addition, the following services may be made available
7to assess and meet the needs of children and families:
8        (1) comprehensive family-based services;
9        (2) assessments;
10        (3) respite care; and
11        (4) in-home health services.
12    The Department shall provide transportation for any of the
13services it makes available to children or families or for
14which it refers children or families.
15    (j) The Department may provide categories of financial
16assistance and education assistance grants, and shall
17establish rules and regulations concerning the assistance and
18grants, to persons who adopt children with physical or mental
19disabilities, children who are older, or other hard-to-place
20children who (i) immediately prior to their adoption were
21youth in care or (ii) were determined eligible for financial
22assistance with respect to a prior adoption and who become
23available for adoption because the prior adoption has been
24dissolved and the parental rights of the adoptive parents have
25been terminated or because the child's adoptive parents have
26died. The Department may continue to provide financial

 

 

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1assistance and education assistance grants for a child who was
2determined eligible for financial assistance under this
3subsection (j) in the interim period beginning when the
4child's adoptive parents died and ending with the finalization
5of the new adoption of the child by another adoptive parent or
6parents. The Department may also provide categories of
7financial assistance and education assistance grants, and
8shall establish rules and regulations for the assistance and
9grants, to persons appointed guardian of the person under
10Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
114-25, or 5-740 of the Juvenile Court Act of 1987 for children
12who were youth in care for 12 months immediately prior to the
13appointment of the guardian.
14    The amount of assistance may vary, depending upon the
15needs of the child and the adoptive parents, as set forth in
16the annual assistance agreement. Special purpose grants are
17allowed where the child requires special service but such
18costs may not exceed the amounts which similar services would
19cost the Department if it were to provide or secure them as
20guardian of the child.
21    Any financial assistance provided under this subsection is
22inalienable by assignment, sale, execution, attachment,
23garnishment, or any other remedy for recovery or collection of
24a judgment or debt.
25    (j-5) The Department shall not deny or delay the placement
26of a child for adoption if an approved family is available

 

 

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1either outside of the Department region handling the case, or
2outside of the State of Illinois.
3    (k) The Department shall accept for care and training any
4child who has been adjudicated neglected or abused, or
5dependent committed to it pursuant to the Juvenile Court Act
6or the Juvenile Court Act of 1987.
7    (l) The Department shall offer family preservation
8services, as defined in Section 8.2 of the Abused and
9Neglected Child Reporting Act, to help families, including
10adoptive and extended families. Family preservation services
11shall be offered (i) to prevent the placement of children in
12substitute care when the children can be cared for at home or
13in the custody of the person responsible for the children's
14welfare, (ii) to reunite children with their families, or
15(iii) to maintain an adoptive placement. Family preservation
16services shall only be offered when doing so will not endanger
17the children's health or safety. With respect to children who
18are in substitute care pursuant to the Juvenile Court Act of
191987, family preservation services shall not be offered if a
20goal other than those of subdivisions (A), (B), or (B-1) of
21subsection (2) of Section 2-28 of that Act has been set, except
22that reunification services may be offered as provided in
23paragraph (F) of subsection (2) of Section 2-28 of that Act.
24Nothing in this paragraph shall be construed to create a
25private right of action or claim on the part of any individual
26or child welfare agency, except that when a child is the

 

 

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1subject of an action under Article II of the Juvenile Court Act
2of 1987 and the child's service plan calls for services to
3facilitate achievement of the permanency goal, the court
4hearing the action under Article II of the Juvenile Court Act
5of 1987 may order the Department to provide the services set
6out in the plan, if those services are not provided with
7reasonable promptness and if those services are available.
8    The Department shall notify the child and the child's his
9family of the Department's responsibility to offer and provide
10family preservation services as identified in the service
11plan. The child and the child's his family shall be eligible
12for services as soon as the report is determined to be
13"indicated". The Department may offer services to any child or
14family with respect to whom a report of suspected child abuse
15or neglect has been filed, prior to concluding its
16investigation under Section 7.12 of the Abused and Neglected
17Child Reporting Act. However, the child's or family's
18willingness to accept services shall not be considered in the
19investigation. The Department may also provide services to any
20child or family who is the subject of any report of suspected
21child abuse or neglect or may refer such child or family to
22services available from other agencies in the community, even
23if the report is determined to be unfounded, if the conditions
24in the child's or family's home are reasonably likely to
25subject the child or family to future reports of suspected
26child abuse or neglect. Acceptance of such services shall be

 

 

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1voluntary. The Department may also provide services to any
2child or family after completion of a family assessment, as an
3alternative to an investigation, as provided under the
4"differential response program" provided for in subsection
5(a-5) of Section 7.4 of the Abused and Neglected Child
6Reporting Act.
7    The Department may, at its discretion except for those
8children also adjudicated neglected or dependent, accept for
9care and training any child who has been adjudicated addicted,
10as a truant minor in need of supervision or as a minor
11requiring authoritative intervention, under the Juvenile Court
12Act or the Juvenile Court Act of 1987, but no such child shall
13be committed to the Department by any court without the
14approval of the Department. On and after January 1, 2015 (the
15effective date of Public Act 98-803) and before January 1,
162017, a minor charged with a criminal offense under the
17Criminal Code of 1961 or the Criminal Code of 2012 or
18adjudicated delinquent shall not be placed in the custody of
19or committed to the Department by any court, except (i) a minor
20less than 16 years of age committed to the Department under
21Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
22for whom an independent basis of abuse, neglect, or dependency
23exists, which must be defined by departmental rule, or (iii) a
24minor for whom the court has granted a supplemental petition
25to reinstate wardship pursuant to subsection (2) of Section
262-33 of the Juvenile Court Act of 1987. On and after January 1,

 

 

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12017, a minor charged with a criminal offense under the
2Criminal Code of 1961 or the Criminal Code of 2012 or
3adjudicated delinquent shall not be placed in the custody of
4or committed to the Department by any court, except (i) a minor
5less than 15 years of age committed to the Department under
6Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
7for whom an independent basis of abuse, neglect, or dependency
8exists, which must be defined by departmental rule, or (iii) a
9minor for whom the court has granted a supplemental petition
10to reinstate wardship pursuant to subsection (2) of Section
112-33 of the Juvenile Court Act of 1987. An independent basis
12exists when the allegations or adjudication of abuse, neglect,
13or dependency do not arise from the same facts, incident, or
14circumstances which give rise to a charge or adjudication of
15delinquency. The Department shall assign a caseworker to
16attend any hearing involving a youth in the care and custody of
17the Department who is placed on aftercare release, including
18hearings involving sanctions for violation of aftercare
19release conditions and aftercare release revocation hearings.
20    As soon as is possible after August 7, 2009 (the effective
21date of Public Act 96-134), the Department shall develop and
22implement a special program of family preservation services to
23support intact, foster, and adoptive families who are
24experiencing extreme hardships due to the difficulty and
25stress of caring for a child who has been diagnosed with a
26pervasive developmental disorder if the Department determines

 

 

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1that those services are necessary to ensure the health and
2safety of the child. The Department may offer services to any
3family whether or not a report has been filed under the Abused
4and Neglected Child Reporting Act. The Department may refer
5the child or family to services available from other agencies
6in the community if the conditions in the child's or family's
7home are reasonably likely to subject the child or family to
8future reports of suspected child abuse or neglect. Acceptance
9of these services shall be voluntary. The Department shall
10develop and implement a public information campaign to alert
11health and social service providers and the general public
12about these special family preservation services. The nature
13and scope of the services offered and the number of families
14served under the special program implemented under this
15paragraph shall be determined by the level of funding that the
16Department annually allocates for this purpose. The term
17"pervasive developmental disorder" under this paragraph means
18a neurological condition, including, but not limited to,
19Asperger's Syndrome and autism, as defined in the most recent
20edition of the Diagnostic and Statistical Manual of Mental
21Disorders of the American Psychiatric Association.
22    (l-1) The legislature recognizes that the best interests
23of the child require that the child be placed in the most
24permanent living arrangement as soon as is practically
25possible. To achieve this goal, the legislature directs the
26Department of Children and Family Services to conduct

 

 

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1concurrent planning so that permanency may occur at the
2earliest opportunity. Permanent living arrangements may
3include prevention of placement of a child outside the home of
4the family when the child can be cared for at home without
5endangering the child's health or safety; reunification with
6the family, when safe and appropriate, if temporary placement
7is necessary; or movement of the child toward the most
8permanent living arrangement and permanent legal status.
9    When determining reasonable efforts to be made with
10respect to a child, as described in this subsection, and in
11making such reasonable efforts, the child's health and safety
12shall be the paramount concern.
13    When a child is placed in foster care, the Department
14shall ensure and document that reasonable efforts were made to
15prevent or eliminate the need to remove the child from the
16child's home. The Department must make reasonable efforts to
17reunify the family when temporary placement of the child
18occurs unless otherwise required, pursuant to the Juvenile
19Court Act of 1987. At any time after the dispositional hearing
20where the Department believes that further reunification
21services would be ineffective, it may request a finding from
22the court that reasonable efforts are no longer appropriate.
23The Department is not required to provide further
24reunification services after such a finding.
25    A decision to place a child in substitute care shall be
26made with considerations of the child's health, safety, and

 

 

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1best interests. At the time of placement, consideration should
2also be given so that if reunification fails or is delayed, the
3placement made is the best available placement to provide
4permanency for the child.
5    The Department shall adopt rules addressing concurrent
6planning for reunification and permanency. The Department
7shall consider the following factors when determining
8appropriateness of concurrent planning:
9        (1) the likelihood of prompt reunification;
10        (2) the past history of the family;
11        (3) the barriers to reunification being addressed by
12    the family;
13        (4) the level of cooperation of the family;
14        (5) the foster parents' willingness to work with the
15    family to reunite;
16        (6) the willingness and ability of the foster family
17    to provide an adoptive home or long-term placement;
18        (7) the age of the child;
19        (8) placement of siblings.
20    (m) The Department may assume temporary custody of any
21child if:
22        (1) it has received a written consent to such
23    temporary custody signed by the parents of the child or by
24    the parent having custody of the child if the parents are
25    not living together or by the guardian or custodian of the
26    child if the child is not in the custody of either parent,

 

 

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1    or
2        (2) the child is found in the State and neither a
3    parent, guardian nor custodian of the child can be
4    located.
5If the child is found in the child's his or her residence
6without a parent, guardian, custodian, or responsible
7caretaker, the Department may, instead of removing the child
8and assuming temporary custody, place an authorized
9representative of the Department in that residence until such
10time as a parent, guardian, or custodian enters the home and
11expresses a willingness and apparent ability to ensure the
12child's health and safety and resume permanent charge of the
13child, or until a relative enters the home and is willing and
14able to ensure the child's health and safety and assume charge
15of the child until a parent, guardian, or custodian enters the
16home and expresses such willingness and ability to ensure the
17child's safety and resume permanent charge. After a caretaker
18has remained in the home for a period not to exceed 12 hours,
19the Department must follow those procedures outlined in
20Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile Court Act of
211987.
22    The Department shall have the authority, responsibilities
23and duties that a legal custodian of the child would have
24pursuant to subsection (9) of Section 1-3 of the Juvenile
25Court Act of 1987. Whenever a child is taken into temporary
26custody pursuant to an investigation under the Abused and

 

 

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1Neglected Child Reporting Act, or pursuant to a referral and
2acceptance under the Juvenile Court Act of 1987 of a minor in
3limited custody, the Department, during the period of
4temporary custody and before the child is brought before a
5judicial officer as required by Section 2-9, 3-11, 4-8, or
65-415 of the Juvenile Court Act of 1987, shall have the
7authority, responsibilities and duties that a legal custodian
8of the child would have under subsection (9) of Section 1-3 of
9the Juvenile Court Act of 1987.
10    The Department shall ensure that any child taken into
11custody is scheduled for an appointment for a medical
12examination.
13    A parent, guardian, or custodian of a child in the
14temporary custody of the Department who would have custody of
15the child if the child he were not in the temporary custody of
16the Department may deliver to the Department a signed request
17that the Department surrender the temporary custody of the
18child. The Department may retain temporary custody of the
19child for 10 days after the receipt of the request, during
20which period the Department may cause to be filed a petition
21pursuant to the Juvenile Court Act of 1987. If a petition is so
22filed, the Department shall retain temporary custody of the
23child until the court orders otherwise. If a petition is not
24filed within the 10-day period, the child shall be surrendered
25to the custody of the requesting parent, guardian, or
26custodian not later than the expiration of the 10-day period,

 

 

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1at which time the authority and duties of the Department with
2respect to the temporary custody of the child shall terminate.
3    (m-1) The Department may place children under 18 years of
4age in a secure child care facility licensed by the Department
5that cares for children who are in need of secure living
6arrangements for their health, safety, and well-being after a
7determination is made by the facility director and the
8Director or the Director's designate prior to admission to the
9facility subject to Section 2-27.1 of the Juvenile Court Act
10of 1987. This subsection (m-1) does not apply to a child who is
11subject to placement in a correctional facility operated
12pursuant to Section 3-15-2 of the Unified Code of Corrections,
13unless the child is a youth in care who was placed in the care
14of the Department before being subject to placement in a
15correctional facility and a court of competent jurisdiction
16has ordered placement of the child in a secure care facility.
17    (n) The Department may place children under 18 years of
18age in licensed child care facilities when in the opinion of
19the Department, appropriate services aimed at family
20preservation have been unsuccessful and cannot ensure the
21child's health and safety or are unavailable and such
22placement would be for their best interest. Payment for board,
23clothing, care, training and supervision of any child placed
24in a licensed child care facility may be made by the
25Department, by the parents or guardians of the estates of
26those children, or by both the Department and the parents or

 

 

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1guardians, except that no payments shall be made by the
2Department for any child placed in a licensed child care
3facility for board, clothing, care, training and supervision
4of such a child that exceed the average per capita cost of
5maintaining and of caring for a child in institutions for
6dependent or neglected children operated by the Department.
7However, such restriction on payments does not apply in cases
8where children require specialized care and treatment for
9problems of severe emotional disturbance, physical disability,
10social adjustment, or any combination thereof and suitable
11facilities for the placement of such children are not
12available at payment rates within the limitations set forth in
13this Section. All reimbursements for services delivered shall
14be absolutely inalienable by assignment, sale, attachment, or
15garnishment or otherwise.
16    (n-1) The Department shall provide or authorize child
17welfare services, aimed at assisting minors to achieve
18sustainable self-sufficiency as independent adults, for any
19minor eligible for the reinstatement of wardship pursuant to
20subsection (2) of Section 2-33 of the Juvenile Court Act of
211987, whether or not such reinstatement is sought or allowed,
22provided that the minor consents to such services and has not
23yet attained the age of 21. The Department shall have
24responsibility for the development and delivery of services
25under this Section. An eligible youth may access services
26under this Section through the Department of Children and

 

 

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1Family Services or by referral from the Department of Human
2Services. Youth participating in services under this Section
3shall cooperate with the assigned case manager in developing
4an agreement identifying the services to be provided and how
5the youth will increase skills to achieve self-sufficiency. A
6homeless shelter is not considered appropriate housing for any
7youth receiving child welfare services under this Section. The
8Department shall continue child welfare services under this
9Section to any eligible minor until the minor becomes 21 years
10of age, no longer consents to participate, or achieves
11self-sufficiency as identified in the minor's service plan.
12The Department of Children and Family Services shall create
13clear, readable notice of the rights of former foster youth to
14child welfare services under this Section and how such
15services may be obtained. The Department of Children and
16Family Services and the Department of Human Services shall
17disseminate this information statewide. The Department shall
18adopt regulations describing services intended to assist
19minors in achieving sustainable self-sufficiency as
20independent adults.
21    (o) The Department shall establish an administrative
22review and appeal process for children and families who
23request or receive child welfare services from the Department.
24Youth in care who are placed by private child welfare
25agencies, and foster families with whom those youth are
26placed, shall be afforded the same procedural and appeal

 

 

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1rights as children and families in the case of placement by the
2Department, including the right to an initial review of a
3private agency decision by that agency. The Department shall
4ensure that any private child welfare agency, which accepts
5youth in care for placement, affords those rights to children
6and foster families. The Department shall accept for
7administrative review and an appeal hearing a complaint made
8by (i) a child or foster family concerning a decision
9following an initial review by a private child welfare agency
10or (ii) a prospective adoptive parent who alleges a violation
11of subsection (j-5) of this Section. An appeal of a decision
12concerning a change in the placement of a child shall be
13conducted in an expedited manner. A court determination that a
14current foster home placement is necessary and appropriate
15under Section 2-28 of the Juvenile Court Act of 1987 does not
16constitute a judicial determination on the merits of an
17administrative appeal, filed by a former foster parent,
18involving a change of placement decision.
19    (p) (Blank).
20    (q) The Department may receive and use, in their entirety,
21for the benefit of children any gift, donation, or bequest of
22money or other property which is received on behalf of such
23children, or any financial benefits to which such children are
24or may become entitled while under the jurisdiction or care of
25the Department.
26    The Department shall set up and administer no-cost,

 

 

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1interest-bearing accounts in appropriate financial
2institutions for children for whom the Department is legally
3responsible and who have been determined eligible for
4Veterans' Benefits, Social Security benefits, assistance
5allotments from the armed forces, court ordered payments,
6parental voluntary payments, Supplemental Security Income,
7Railroad Retirement payments, Black Lung benefits, or other
8miscellaneous payments. Interest earned by each account shall
9be credited to the account, unless disbursed in accordance
10with this subsection.
11    In disbursing funds from children's accounts, the
12Department shall:
13        (1) Establish standards in accordance with State and
14    federal laws for disbursing money from children's
15    accounts. In all circumstances, the Department's
16    "Guardianship Administrator" or Guardianship
17    Administrator's his or her designee must approve
18    disbursements from children's accounts. The Department
19    shall be responsible for keeping complete records of all
20    disbursements for each account for any purpose.
21        (2) Calculate on a monthly basis the amounts paid from
22    State funds for the child's board and care, medical care
23    not covered under Medicaid, and social services; and
24    utilize funds from the child's account, as covered by
25    regulation, to reimburse those costs. Monthly,
26    disbursements from all children's accounts, up to 1/12 of

 

 

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1    $13,000,000, shall be deposited by the Department into the
2    General Revenue Fund and the balance over 1/12 of
3    $13,000,000 into the DCFS Children's Services Fund.
4        (3) Maintain any balance remaining after reimbursing
5    for the child's costs of care, as specified in item (2).
6    The balance shall accumulate in accordance with relevant
7    State and federal laws and shall be disbursed to the child
8    or the child's his or her guardian, or to the issuing
9    agency.
10    (r) The Department shall promulgate regulations
11encouraging all adoption agencies to voluntarily forward to
12the Department or its agent names and addresses of all persons
13who have applied for and have been approved for adoption of a
14hard-to-place child or child with a disability and the names
15of such children who have not been placed for adoption. A list
16of such names and addresses shall be maintained by the
17Department or its agent, and coded lists which maintain the
18confidentiality of the person seeking to adopt the child and
19of the child shall be made available, without charge, to every
20adoption agency in the State to assist the agencies in placing
21such children for adoption. The Department may delegate to an
22agent its duty to maintain and make available such lists. The
23Department shall ensure that such agent maintains the
24confidentiality of the person seeking to adopt the child and
25of the child.
26    (s) The Department of Children and Family Services may

 

 

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1establish and implement a program to reimburse Department and
2private child welfare agency foster parents licensed by the
3Department of Children and Family Services for damages
4sustained by the foster parents as a result of the malicious or
5negligent acts of foster children, as well as providing third
6party coverage for such foster parents with regard to actions
7of foster children to other individuals. Such coverage will be
8secondary to the foster parent liability insurance policy, if
9applicable. The program shall be funded through appropriations
10from the General Revenue Fund, specifically designated for
11such purposes.
12    (t) The Department shall perform home studies and
13investigations and shall exercise supervision over visitation
14as ordered by a court pursuant to the Illinois Marriage and
15Dissolution of Marriage Act or the Adoption Act only if:
16        (1) an order entered by an Illinois court specifically
17    directs the Department to perform such services; and
18        (2) the court has ordered one or both of the parties to
19    the proceeding to reimburse the Department for its
20    reasonable costs for providing such services in accordance
21    with Department rules, or has determined that neither
22    party is financially able to pay.
23    The Department shall provide written notification to the
24court of the specific arrangements for supervised visitation
25and projected monthly costs within 60 days of the court order.
26The Department shall send to the court information related to

 

 

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1the costs incurred except in cases where the court has
2determined the parties are financially unable to pay. The
3court may order additional periodic reports as appropriate.
4    (u) In addition to other information that must be
5provided, whenever the Department places a child with a
6prospective adoptive parent or parents, in a licensed foster
7home, group home, or child care institution, or in a relative
8home, the Department shall provide to the prospective adoptive
9parent or parents or other caretaker:
10        (1) available detailed information concerning the
11    child's educational and health history, copies of
12    immunization records (including insurance and medical card
13    information), a history of the child's previous
14    placements, if any, and reasons for placement changes
15    excluding any information that identifies or reveals the
16    location of any previous caretaker;
17        (2) a copy of the child's portion of the client
18    service plan, including any visitation arrangement, and
19    all amendments or revisions to it as related to the child;
20    and
21        (3) information containing details of the child's
22    individualized educational plan when the child is
23    receiving special education services.
24    The caretaker shall be informed of any known social or
25behavioral information (including, but not limited to,
26criminal background, fire setting, perpetuation of sexual

 

 

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1abuse, destructive behavior, and substance abuse) necessary to
2care for and safeguard the children to be placed or currently
3in the home. The Department may prepare a written summary of
4the information required by this paragraph, which may be
5provided to the foster or prospective adoptive parent in
6advance of a placement. The foster or prospective adoptive
7parent may review the supporting documents in the child's file
8in the presence of casework staff. In the case of an emergency
9placement, casework staff shall at least provide known
10information verbally, if necessary, and must subsequently
11provide the information in writing as required by this
12subsection.
13    The information described in this subsection shall be
14provided in writing. In the case of emergency placements when
15time does not allow prior review, preparation, and collection
16of written information, the Department shall provide such
17information as it becomes available. Within 10 business days
18after placement, the Department shall obtain from the
19prospective adoptive parent or parents or other caretaker a
20signed verification of receipt of the information provided.
21Within 10 business days after placement, the Department shall
22provide to the child's guardian ad litem a copy of the
23information provided to the prospective adoptive parent or
24parents or other caretaker. The information provided to the
25prospective adoptive parent or parents or other caretaker
26shall be reviewed and approved regarding accuracy at the

 

 

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1supervisory level.
2    (u-5) Effective July 1, 1995, only foster care placements
3licensed as foster family homes pursuant to the Child Care Act
4of 1969 shall be eligible to receive foster care payments from
5the Department. Relative caregivers who, as of July 1, 1995,
6were approved pursuant to approved relative placement rules
7previously promulgated by the Department at 89 Ill. Adm. Code
8335 and had submitted an application for licensure as a foster
9family home may continue to receive foster care payments only
10until the Department determines that they may be licensed as a
11foster family home or that their application for licensure is
12denied or until September 30, 1995, whichever occurs first.
13    (v) The Department shall access criminal history record
14information as defined in the Illinois Uniform Conviction
15Information Act and information maintained in the adjudicatory
16and dispositional record system as defined in Section 2605-355
17of the Illinois State Police Law if the Department determines
18the information is necessary to perform its duties under the
19Abused and Neglected Child Reporting Act, the Child Care Act
20of 1969, and the Children and Family Services Act. The
21Department shall provide for interactive computerized
22communication and processing equipment that permits direct
23on-line communication with the Illinois State Police's central
24criminal history data repository. The Department shall comply
25with all certification requirements and provide certified
26operators who have been trained by personnel from the Illinois

 

 

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1State Police. In addition, one Office of the Inspector General
2investigator shall have training in the use of the criminal
3history information access system and have access to the
4terminal. The Department of Children and Family Services and
5its employees shall abide by rules and regulations established
6by the Illinois State Police relating to the access and
7dissemination of this information.
8    (v-1) Prior to final approval for placement of a child,
9the Department shall conduct a criminal records background
10check of the prospective foster or adoptive parent, including
11fingerprint-based checks of national crime information
12databases. Final approval for placement shall not be granted
13if the record check reveals a felony conviction for child
14abuse or neglect, for spousal abuse, for a crime against
15children, or for a crime involving violence, including rape,
16sexual assault, or homicide, but not including other physical
17assault or battery, or if there is a felony conviction for
18physical assault, battery, or a drug-related offense committed
19within the past 5 years.
20    (v-2) Prior to final approval for placement of a child,
21the Department shall check its child abuse and neglect
22registry for information concerning prospective foster and
23adoptive parents, and any adult living in the home. If any
24prospective foster or adoptive parent or other adult living in
25the home has resided in another state in the preceding 5 years,
26the Department shall request a check of that other state's

 

 

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1child abuse and neglect registry.
2    (w) Within 120 days of August 20, 1995 (the effective date
3of Public Act 89-392), the Department shall prepare and submit
4to the Governor and the General Assembly, a written plan for
5the development of in-state licensed secure child care
6facilities that care for children who are in need of secure
7living arrangements for their health, safety, and well-being.
8For purposes of this subsection, secure care facility shall
9mean a facility that is designed and operated to ensure that
10all entrances and exits from the facility, a building or a
11distinct part of the building, are under the exclusive control
12of the staff of the facility, whether or not the child has the
13freedom of movement within the perimeter of the facility,
14building, or distinct part of the building. The plan shall
15include descriptions of the types of facilities that are
16needed in Illinois; the cost of developing these secure care
17facilities; the estimated number of placements; the potential
18cost savings resulting from the movement of children currently
19out-of-state who are projected to be returned to Illinois; the
20necessary geographic distribution of these facilities in
21Illinois; and a proposed timetable for development of such
22facilities.
23    (x) The Department shall conduct annual credit history
24checks to determine the financial history of children placed
25under its guardianship pursuant to the Juvenile Court Act of
261987. The Department shall conduct such credit checks starting

 

 

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1when a youth in care turns 12 years old and each year
2thereafter for the duration of the guardianship as terminated
3pursuant to the Juvenile Court Act of 1987. The Department
4shall determine if financial exploitation of the child's
5personal information has occurred. If financial exploitation
6appears to have taken place or is presently ongoing, the
7Department shall notify the proper law enforcement agency, the
8proper State's Attorney, or the Attorney General.
9    (y) Beginning on July 22, 2010 (the effective date of
10Public Act 96-1189), a child with a disability who receives
11residential and educational services from the Department shall
12be eligible to receive transition services in accordance with
13Article 14 of the School Code from the age of 14.5 through age
1421, inclusive, notwithstanding the child's residential
15services arrangement. For purposes of this subsection, "child
16with a disability" means a child with a disability as defined
17by the federal Individuals with Disabilities Education
18Improvement Act of 2004.
19    (z) The Department shall access criminal history record
20information as defined as "background information" in this
21subsection and criminal history record information as defined
22in the Illinois Uniform Conviction Information Act for each
23Department employee or Department applicant. Each Department
24employee or Department applicant shall submit the employee's
25or applicant's his or her fingerprints to the Illinois State
26Police in the form and manner prescribed by the Illinois State

 

 

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1Police. These fingerprints shall be checked against the
2fingerprint records now and hereafter filed in the Illinois
3State Police and the Federal Bureau of Investigation criminal
4history records databases. The Illinois State Police shall
5charge a fee for conducting the criminal history record check,
6which shall be deposited into the State Police Services Fund
7and shall not exceed the actual cost of the record check. The
8Illinois State Police shall furnish, pursuant to positive
9identification, all Illinois conviction information to the
10Department of Children and Family Services.
11    For purposes of this subsection:
12    "Background information" means all of the following:
13        (i) Upon the request of the Department of Children and
14    Family Services, conviction information obtained from the
15    Illinois State Police as a result of a fingerprint-based
16    criminal history records check of the Illinois criminal
17    history records database and the Federal Bureau of
18    Investigation criminal history records database concerning
19    a Department employee or Department applicant.
20        (ii) Information obtained by the Department of
21    Children and Family Services after performing a check of
22    the Illinois State Police's Sex Offender Database, as
23    authorized by Section 120 of the Sex Offender Community
24    Notification Law, concerning a Department employee or
25    Department applicant.
26        (iii) Information obtained by the Department of

 

 

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1    Children and Family Services after performing a check of
2    the Child Abuse and Neglect Tracking System (CANTS)
3    operated and maintained by the Department.
4    "Department employee" means a full-time or temporary
5employee coded or certified within the State of Illinois
6Personnel System.
7    "Department applicant" means an individual who has
8conditional Department full-time or part-time work, a
9contractor, an individual used to replace or supplement staff,
10an academic intern, a volunteer in Department offices or on
11Department contracts, a work-study student, an individual or
12entity licensed by the Department, or an unlicensed service
13provider who works as a condition of a contract or an agreement
14and whose work may bring the unlicensed service provider into
15contact with Department clients or client records.
16(Source: P.A. 101-13, eff. 6-12-19; 101-79, eff. 7-12-19;
17101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 102-558, eff.
188-20-21.)
 
19    (20 ILCS 505/5c)
20    Sec. 5c. Direct child welfare service employee license.
21    (a) By January 1, 2000, the Department, in consultation
22with private child welfare agencies, shall develop and
23implement a direct child welfare service employee license. By
24January 1, 2001 all child protective investigators and
25supervisors and child welfare specialists and supervisors

 

 

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1employed by the Department or its contractors shall be
2required to demonstrate sufficient knowledge and skills to
3obtain and maintain the license. The Direct Child Welfare
4Service Employee License Board of the Department shall have
5the authority to revoke or suspend the license of anyone who
6after a hearing is found to be guilty of misfeasance. The
7Department shall promulgate such rules as necessary to
8implement this Section.
9    (b) If a direct child welfare service employee licensee is
10expected to transport a child or children with a motor vehicle
11in the course of performing the direct child welfare service
12employee licensee's his or her duties, the Department must
13verify that the licensee meets the requirements set forth in
14Section 5.1 of the Child Care Act of 1969. The Department must
15make that verification as to each such licensee every 2 years.
16Upon the Department's request, the Secretary of State shall
17provide the Department with the information necessary to
18enable the Department to make the verifications required under
19this subsection. If the Department discovers that a direct
20child welfare service employee licensee has engaged in
21transporting a child or children with a motor vehicle without
22having a valid driver's license, the Department shall
23immediately revoke the individual's direct child welfare
24service employee license.
25    (c) On or before January 1, 2000, and every year
26thereafter, the Department shall submit an annual report to

 

 

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1the General Assembly on the implementation of this Section.
2(Source: P.A. 94-943, eff. 1-1-07.)
 
3    (20 ILCS 505/5d)
4    Sec. 5d. The Direct Child Welfare Service Employee License
5Board.
6    (a) For purposes of this Section:
7        (1) "Board" means the Direct Child Welfare Service
8    Employee License Board.
9        (2) "Director" means the Director of Children and
10    Family Services.
11    (b) The Direct Child Welfare Service Employee License
12Board is created within the Department of Children and Family
13Services and shall consist of 9 members appointed by the
14Director. The Director shall annually designate a chairperson
15and vice-chairperson of the Board. The membership of the Board
16must be composed as follows: (i) 5 licensed professionals from
17the field of human services with a human services, juris
18doctor, medical, public administration, or other relevant
19human services degree and who are in good standing within
20their profession, at least 2 of which must be employed in the
21private not-for-profit sector and at least one of which in the
22public sector; (ii) 2 faculty members of an accredited
23university who have child welfare experience and are in good
24standing within their profession and (iii) 2 members of the
25general public who are not licensed under this Act or a similar

 

 

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1rule and will represent consumer interests.
2    In making the first appointments, the Director shall
3appoint 3 members to serve for a term of one year, 3 members to
4serve for a term of 2 years, and 3 members to serve for a term
5of 3 years, or until their successors are appointed and
6qualified. Their successors shall be appointed to serve 3-year
7terms, or until their successors are appointed and qualified.
8Appointments to fill unexpired vacancies shall be made in the
9same manner as original appointments. No member may be
10reappointed if a reappointment would cause that member to
11serve on the Board for longer than 6 consecutive years. Board
12membership must have reasonable representation from different
13geographic areas of Illinois, and all members must be
14residents of this State.
15    The Director may terminate the appointment of any member
16for good cause, including but not limited to (i) unjustified
17absences from Board meetings or other failure to meet Board
18responsibilities, (ii) failure to recuse oneself himself or
19herself when required by subsection (c) of this Section or
20Department rule, or (iii) failure to maintain the professional
21position required by Department rule. No member of the Board
22may have a pending or indicated report of child abuse or
23neglect or a pending complaint or criminal conviction of any
24of the offenses set forth in paragraph (b) of Section 4.2 of
25the Child Care Act of 1969.
26    The members of the Board shall receive no compensation for

 

 

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1the performance of their duties as members, but each member
2shall be reimbursed for the member's his or her reasonable and
3necessary expenses incurred in attending the meetings of the
4Board.
5    (c) The Board shall make recommendations to the Director
6regarding licensure rules. Board members must recuse
7themselves from sitting on any matter involving an employee of
8a child welfare agency at which the Board member is an employee
9or contractual employee. The Board shall make a final
10determination concerning revocation, suspension, or
11reinstatement of an employee's direct child welfare service
12license after a hearing conducted under the Department's
13rules. Upon notification of the manner of the vote to all the
14members, votes on a final determination may be cast in person,
15by telephonic or electronic means, or by mail at the
16discretion of the chairperson. A simple majority of the
17members appointed and serving is required when Board members
18vote by mail or by telephonic or electronic means. A majority
19of the currently appointed and serving Board members
20constitutes a quorum. A majority of a quorum is required when a
21recommendation is voted on during a Board meeting. A vacancy
22in the membership of the Board shall not impair the right of a
23quorum to perform all the duties of the Board. Board members
24are not personally liable in any action based upon a
25disciplinary proceeding or otherwise for any action taken in
26good faith as a member of the Board.

 

 

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1    (d) The Director may assign Department employees to
2provide staffing services to the Board. The Department must
3promulgate any rules necessary to implement and administer the
4requirements of this Section.
5(Source: P.A. 102-45, eff. 1-1-22.)
 
6    (20 ILCS 505/7)  (from Ch. 23, par. 5007)
7    Sec. 7. Placement of children; considerations.
8    (a) In placing any child under this Act, the Department
9shall place the child, as far as possible, in the care and
10custody of some individual holding the same religious belief
11as the parents of the child, or with some child care facility
12which is operated by persons of like religious faith as the
13parents of such child.
14    (a-5) In placing a child under this Act, the Department
15shall place the child with the child's sibling or siblings
16under Section 7.4 of this Act unless the placement is not in
17each child's best interest, or is otherwise not possible under
18the Department's rules. If the child is not placed with a
19sibling under the Department's rules, the Department shall
20consider placements that are likely to develop, preserve,
21nurture, and support sibling relationships, where doing so is
22in each child's best interest.
23    (b) In placing a child under this Act, the Department may
24place a child with a relative if the Department determines
25that the relative will be able to adequately provide for the

 

 

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1child's safety and welfare based on the factors set forth in
2the Department's rules governing relative placements, and that
3the placement is consistent with the child's best interests,
4taking into consideration the factors set out in subsection
5(4.05) of Section 1-3 of the Juvenile Court Act of 1987.
6    When the Department first assumes custody of a child, in
7placing that child under this Act, the Department shall make
8reasonable efforts to identify, locate, and provide notice to
9all adult grandparents and other adult relatives of the child
10who are ready, willing, and able to care for the child. At a
11minimum, these efforts shall be renewed each time the child
12requires a placement change and it is appropriate for the
13child to be cared for in a home environment. The Department
14must document its efforts to identify, locate, and provide
15notice to such potential relative placements and maintain the
16documentation in the child's case file.
17    If the Department determines that a placement with any
18identified relative is not in the child's best interests or
19that the relative does not meet the requirements to be a
20relative caregiver, as set forth in Department rules or by
21statute, the Department must document the basis for that
22decision and maintain the documentation in the child's case
23file.
24    If, pursuant to the Department's rules, any person files
25an administrative appeal of the Department's decision not to
26place a child with a relative, it is the Department's burden to

 

 

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1prove that the decision is consistent with the child's best
2interests.
3    When the Department determines that the child requires
4placement in an environment, other than a home environment,
5the Department shall continue to make reasonable efforts to
6identify and locate relatives to serve as visitation resources
7for the child and potential future placement resources, except
8when the Department determines that those efforts would be
9futile or inconsistent with the child's best interests.
10    If the Department determines that efforts to identify and
11locate relatives would be futile or inconsistent with the
12child's best interests, the Department shall document the
13basis of its determination and maintain the documentation in
14the child's case file.
15    If the Department determines that an individual or a group
16of relatives are inappropriate to serve as visitation
17resources or possible placement resources, the Department
18shall document the basis of its determination and maintain the
19documentation in the child's case file.
20    When the Department determines that an individual or a
21group of relatives are appropriate to serve as visitation
22resources or possible future placement resources, the
23Department shall document the basis of its determination,
24maintain the documentation in the child's case file, create a
25visitation or transition plan, or both, and incorporate the
26visitation or transition plan, or both, into the child's case

 

 

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1plan. For the purpose of this subsection, any determination as
2to the child's best interests shall include consideration of
3the factors set out in subsection (4.05) of Section 1-3 of the
4Juvenile Court Act of 1987.
5    The Department may not place a child with a relative, with
6the exception of certain circumstances which may be waived as
7defined by the Department in rules, if the results of a check
8of the Law Enforcement Agencies Data System (LEADS) identifies
9a prior criminal conviction of the relative or any adult
10member of the relative's household for any of the following
11offenses under the Criminal Code of 1961 or the Criminal Code
12of 2012:
13        (1) murder;
14        (1.1) solicitation of murder;
15        (1.2) solicitation of murder for hire;
16        (1.3) intentional homicide of an unborn child;
17        (1.4) voluntary manslaughter of an unborn child;
18        (1.5) involuntary manslaughter;
19        (1.6) reckless homicide;
20        (1.7) concealment of a homicidal death;
21        (1.8) involuntary manslaughter of an unborn child;
22        (1.9) reckless homicide of an unborn child;
23        (1.10) drug-induced homicide;
24        (2) a sex offense under Article 11, except offenses
25    described in Sections 11-7, 11-8, 11-12, 11-13, 11-35,
26    11-40, and 11-45;

 

 

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1        (3) kidnapping;
2        (3.1) aggravated unlawful restraint;
3        (3.2) forcible detention;
4        (3.3) aiding and abetting child abduction;
5        (4) aggravated kidnapping;
6        (5) child abduction;
7        (6) aggravated battery of a child as described in
8    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
9        (7) criminal sexual assault;
10        (8) aggravated criminal sexual assault;
11        (8.1) predatory criminal sexual assault of a child;
12        (9) criminal sexual abuse;
13        (10) aggravated sexual abuse;
14        (11) heinous battery as described in Section 12-4.1 or
15    subdivision (a)(2) of Section 12-3.05;
16        (12) aggravated battery with a firearm as described in
17    Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
18    (e)(4) of Section 12-3.05;
19        (13) tampering with food, drugs, or cosmetics;
20        (14) drug-induced infliction of great bodily harm as
21    described in Section 12-4.7 or subdivision (g)(1) of
22    Section 12-3.05;
23        (15) aggravated stalking;
24        (16) home invasion;
25        (17) vehicular invasion;
26        (18) criminal transmission of HIV;

 

 

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1        (19) criminal abuse or neglect of an elderly person or
2    person with a disability as described in Section 12-21 or
3    subsection (b) of Section 12-4.4a;
4        (20) child abandonment;
5        (21) endangering the life or health of a child;
6        (22) ritual mutilation;
7        (23) ritualized abuse of a child;
8        (24) an offense in any other state the elements of
9    which are similar and bear a substantial relationship to
10    any of the foregoing offenses.
11    For the purpose of this subsection, "relative" shall
12include any person, 21 years of age or over, other than the
13parent, who (i) is currently related to the child in any of the
14following ways by blood or adoption: grandparent, sibling,
15great-grandparent, parent's sibling, sibling's child uncle,
16aunt, nephew, niece, first cousin, second cousin, godparent,
17or grandparent's sibling great-uncle, or great-aunt; or (ii)
18is the spouse of such a relative; or (iii) is the child's
19step-parent step-father, step-mother, or adult step-sibling
20step-brother or step-sister; or (iv) is a fictive kin;
21"relative" also includes a person related in any of the
22foregoing ways to a sibling of a child, even though the person
23is not related to the child, when the child and the child's its
24sibling are placed together with that person. For children who
25have been in the guardianship of the Department, have been
26adopted, and are subsequently returned to the temporary

 

 

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1custody or guardianship of the Department, a "relative" may
2also include any person who would have qualified as a relative
3under this paragraph prior to the adoption, but only if the
4Department determines, and documents, that it would be in the
5child's best interests to consider this person a relative,
6based upon the factors for determining best interests set
7forth in subsection (4.05) of Section 1-3 of the Juvenile
8Court Act of 1987. A relative with whom a child is placed
9pursuant to this subsection may, but is not required to, apply
10for licensure as a foster family home pursuant to the Child
11Care Act of 1969; provided, however, that as of July 1, 1995,
12foster care payments shall be made only to licensed foster
13family homes pursuant to the terms of Section 5 of this Act.
14    Notwithstanding any other provision under this subsection
15to the contrary, a fictive kin with whom a child is placed
16pursuant to this subsection shall apply for licensure as a
17foster family home pursuant to the Child Care Act of 1969
18within 6 months of the child's placement with the fictive kin.
19The Department shall not remove a child from the home of a
20fictive kin on the basis that the fictive kin fails to apply
21for licensure within 6 months of the child's placement with
22the fictive kin, or fails to meet the standard for licensure.
23All other requirements established under the rules and
24procedures of the Department concerning the placement of a
25child, for whom the Department is legally responsible, with a
26relative shall apply. By June 1, 2015, the Department shall

 

 

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1promulgate rules establishing criteria and standards for
2placement, identification, and licensure of fictive kin.
3    For purposes of this subsection, "fictive kin" means any
4individual, unrelated by birth or marriage, who:
5        (i) is shown to have significant and close personal or
6    emotional ties with the child or the child's family prior
7    to the child's placement with the individual; or
8        (ii) is the current foster parent of a child in the
9    custody or guardianship of the Department pursuant to this
10    Act and the Juvenile Court Act of 1987, if the child has
11    been placed in the home for at least one year and has
12    established a significant and family-like relationship
13    with the foster parent, and the foster parent has been
14    identified by the Department as the child's permanent
15    connection, as defined by Department rule.
16    The provisions added to this subsection (b) by Public Act
1798-846 shall become operative on and after June 1, 2015.
18    (c) In placing a child under this Act, the Department
19shall ensure that the child's health, safety, and best
20interests are met. In rejecting placement of a child with an
21identified relative, the Department shall ensure that the
22child's health, safety, and best interests are met. In
23evaluating the best interests of the child, the Department
24shall take into consideration the factors set forth in
25subsection (4.05) of Section 1-3 of the Juvenile Court Act of
261987.

 

 

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1    The Department shall consider the individual needs of the
2child and the capacity of the prospective foster or adoptive
3parents to meet the needs of the child. When a child must be
4placed outside the child's his or her home and cannot be
5immediately returned to the child's his or her parents or
6guardian, a comprehensive, individualized assessment shall be
7performed of that child at which time the needs of the child
8shall be determined. Only if race, color, or national origin
9is identified as a legitimate factor in advancing the child's
10best interests shall it be considered. Race, color, or
11national origin shall not be routinely considered in making a
12placement decision. The Department shall make special efforts
13for the diligent recruitment of potential foster and adoptive
14families that reflect the ethnic and racial diversity of the
15children for whom foster and adoptive homes are needed.
16"Special efforts" shall include contacting and working with
17community organizations and religious organizations and may
18include contracting with those organizations, utilizing local
19media and other local resources, and conducting outreach
20activities.
21    (c-1) At the time of placement, the Department shall
22consider concurrent planning, as described in subsection (l-1)
23of Section 5, so that permanency may occur at the earliest
24opportunity. Consideration should be given so that if
25reunification fails or is delayed, the placement made is the
26best available placement to provide permanency for the child.

 

 

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1To the extent that doing so is in the child's best interests as
2set forth in subsection (4.05) of Section 1-3 of the Juvenile
3Court Act of 1987, the Department should consider placements
4that will permit the child to maintain a meaningful
5relationship with the child's his or her parents.
6    (d) The Department may accept gifts, grants, offers of
7services, and other contributions to use in making special
8recruitment efforts.
9    (e) The Department in placing children in adoptive or
10foster care homes may not, in any policy or practice relating
11to the placement of children for adoption or foster care,
12discriminate against any child or prospective adoptive or
13foster parent on the basis of race.
14(Source: P.A. 99-143, eff. 7-27-15; 99-340, eff. 1-1-16;
1599-642, eff. 7-28-16; 99-836, eff. 1-1-17; 100-101, eff.
168-11-17.)
 
17    (20 ILCS 505/7.3)
18    Sec. 7.3. Placement plan. The Department shall develop and
19implement a written plan for placing children. The plan shall
20include at least the following features:
21        (1) A plan for recruiting minority adoptive and foster
22    families. The plan shall include strategies for using
23    existing resources in minority communities, use of
24    minority outreach staff whenever possible, use of minority
25    foster homes for placements after birth and before

 

 

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1    adoption, and other techniques as appropriate.
2        (2) A plan for training adoptive and foster families
3    of minority children.
4        (3) A plan for employing social workers in adoption
5    and foster care. The plan shall include staffing goals and
6    objectives.
7        (4) A plan for ensuring that adoption and foster care
8    workers attend training offered or approved by the
9    Department regarding the State's goal of encouraging
10    cultural diversity and the needs of special needs
11    children.
12        (5) A plan that includes policies and procedures for
13    determining for each child requiring placement outside of
14    the child's his or her home, and who cannot be immediately
15    returned to the child's his or her parents or guardian,
16    the placement needs of that child. In the rare instance
17    when an individualized assessment identifies, documents,
18    and substantiates that race, color, or national origin is
19    a factor that needs to be considered in advancing a
20    particular child's best interests, it shall be considered
21    in making a placement.
22(Source: P.A. 92-334, eff. 8-10-01.)
 
23    (20 ILCS 505/7.3a)
24    Sec. 7.3a. Normalcy parenting for children in foster care;
25participation in childhood activities.

 

 

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1    (a) Legislative findings.
2        (1) Every day parents make important decisions about
3    their child's participation in extracurricular activities.
4    Caregivers for children in out-of-home care are faced with
5    making the same decisions.
6        (2) When a caregiver makes decisions, the caregiver he
7    or she must consider applicable laws, rules, and
8    regulations to safeguard the health, safety, and best
9    interests of a child in out-of-home care.
10        (3) Participation in extracurricular activities is
11    important to a child's well-being, not only emotionally,
12    but also in developing valuable life skills.
13        (4) The General Assembly recognizes the importance of
14    making every effort to normalize the lives of children in
15    out-of-home care and to empower a caregiver to approve or
16    not approve a child's participation in appropriate
17    extracurricular activities based on the caregiver's own
18    assessment using the reasonable and prudent parent
19    standard, without prior approval of the Department, the
20    caseworker, or the court.
21        (5) Nothing in this Section shall be presumed to
22    discourage or diminish the engagement of families and
23    guardians in the child's life activities.
24    (b) Definitions. As used in this Section:
25    "Appropriate activities" means activities or items that
26are generally accepted as suitable for children of the same

 

 

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1chronological age or developmental level of maturity.
2Appropriateness is based on the development of cognitive,
3emotional, physical, and behavioral capacity that is typical
4for an age or age group, taking into account the individual
5child's cognitive, emotional, physical, and behavioral
6development.
7    "Caregiver" means a person with whom the child is placed
8in out-of-home care or a designated official for child care
9facilities licensed by the Department as defined in the Child
10Care Act of 1969.
11    "Reasonable and prudent parent standard" means the
12standard characterized by careful and sensible parental
13decisions that maintain the child's health, safety, and best
14interests while at the same time supporting the child's
15emotional and developmental growth that a caregiver shall use
16when determining whether to allow a child in out-of-home care
17to participate in extracurricular, enrichment, cultural, and
18social activities.
19    (c) Requirements for decision-making.
20        (1) Each child who comes into the care and custody of
21    the Department is fully entitled to participate in
22    appropriate extracurricular, enrichment, cultural, and
23    social activities in a manner that allows that child to
24    participate in the child's his or her community to the
25    fullest extent possible.
26        (2) Caregivers must use the reasonable and prudent

 

 

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1    parent standard in determining whether to give permission
2    for a child in out-of-home care to participate in
3    appropriate extracurricular, enrichment, cultural, and
4    social activities. Caregivers are expected to promote and
5    support a child's participation in such activities. When
6    using the reasonable and prudent parent standard, the
7    caregiver shall consider:
8            (A) the child's age, maturity, and developmental
9        level to promote the overall health, safety, and best
10        interests of the child;
11            (B) the best interest of the child based on
12        information known by the caregiver;
13            (C) the importance and fundamental value of
14        encouraging the child's emotional and developmental
15        growth gained through participation in activities in
16        the child's his or her community;
17            (D) the importance and fundamental value of
18        providing the child with the most family-like living
19        experience possible; and
20            (E) the behavioral history of the child and the
21        child's ability to safely participate in the proposed
22        activity.
23        (3) A caregiver is not liable for harm caused to a
24    child in out-of-home care who participates in an activity
25    approved by the caregiver, provided that the caregiver has
26    acted as a reasonable and prudent parent in permitting the

 

 

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1    child to engage in the activity.
2    (c-5) No youth in care shall be required to store the
3youth's his or her belongings in plastic bags or in similar
4forms of disposable containers, including, but not limited to,
5trash bags, paper or plastic shopping bags, or pillow cases
6when relocating from one placement type to another placement
7type or when discharged from the custody or guardianship of
8the Department. The Department shall ensure that each youth in
9care has appropriate baggage and other items to store the
10youth's his or her belongings when moving through the State's
11child welfare system. As used in this subsection, "purchase of
12service agency" means any entity that contracts with the
13Department to provide services that are consistent with the
14purposes of this Act.
15    (d) Rulemaking. The Department shall adopt, by rule,
16procedures no later than June 1, 2017 that promote and protect
17the ability of children to participate in appropriate
18extracurricular, enrichment, cultural, and social activities.
19    (e) The Department shall ensure that every youth in care
20who is entering the youth's his or her final year of high
21school has completed a Free Application for Federal Student
22Aid form, if applicable, or an application for State financial
23aid on or after October 1, but no later than November 1, of the
24youth's final year of high school.
25(Source: P.A. 102-70, eff. 1-1-22; 102-545, eff. 1-1-22;
26revised 10-5-21.)
 

 

 

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1    (20 ILCS 505/7.4)
2    Sec. 7.4. Development and preservation of sibling
3relationships for children in care; placement of siblings;
4contact among siblings placed apart.
5    (a) Purpose and policy. The General Assembly recognizes
6that sibling relationships are unique and essential for a
7person, but even more so for children who are removed from the
8care of their families and placed in the State child welfare
9system. When family separation occurs through State
10intervention, every effort must be made to preserve, support
11and nurture sibling relationships when doing so is in the best
12interest of each sibling. It is in the interests of foster
13children who are part of a sibling group to enjoy contact with
14one another, as long as the contact is in each child's best
15interest. This is true both while the siblings are in State
16care and after one or all of the siblings leave State care
17through adoption, guardianship, or aging out.
18    (b) Definitions. For purposes of this Section:
19        (1) Whenever a best interest determination is required
20    by this Section, the Department shall consider the factors
21    set out in subsection (4.05) of Section 1-3 of the
22    Juvenile Court Act of 1987 and the Department's rules
23    regarding Sibling Placement, 89 111. Admin. Code 301.70
24    and Sibling Visitation, 89 111. Admin. Code 301.220, and
25    the Department's rules regarding Placement Selection

 

 

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1    Criteria, 89 111. Admin. Code 301.60.
2        (2) "Adopted child" means a child who, immediately
3    preceding the adoption, was in the custody or guardianship
4    of the Illinois Department of Children and Family Services
5    under Article II of the Juvenile Court Act of 1987.
6        (3) "Adoptive parent" means a person who has become a
7    parent through the legal process of adoption.
8        (4) "Child" means a person in the temporary custody or
9    guardianship of the Department who is under the age of 21.
10        (5) "Child placed in private guardianship" means a
11    child who, immediately preceding the guardianship, was in
12    the custody or guardianship of the Illinois Department of
13    Children and Family Services under Article II of the
14    Juvenile Court Act.
15        (6) "Contact" may include, but is not limited to
16    visits, telephone calls, letters, sharing of photographs
17    or information, e-mails, video conferencing, and other
18    form of communication or contact.
19        (7) "Legal guardian" means a person who has become the
20    legal guardian of a child who, immediately prior to the
21    guardianship, was in the custody or guardianship of the
22    Illinois Department of Children and Family Services under
23    Article II of the Juvenile Court Act of 1987.
24        (8) "Parent" means the child's mother or father who is
25    named as the respondent in proceedings conducted under
26    Article II of the Juvenile Court Act of 1987.

 

 

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1        (9) "Post Permanency Sibling Contact" means contact
2    between siblings following the entry of a Judgment Order
3    for Adoption under Section 14 of the Adoption Act
4    regarding at least one sibling or an Order for
5    Guardianship appointing a private guardian under Section
6    2-27 or the Juvenile Court Act of 1987, regarding at least
7    one sibling. Post Permanency Sibling Contact may include,
8    but is not limited to, visits, telephone calls, letters,
9    sharing of photographs or information, emails, video
10    conferencing, and other forms form of communication or
11    connection agreed to by the parties to a Post Permanency
12    Sibling Contact Agreement.
13        (10) "Post Permanency Sibling Contact Agreement" means
14    a written agreement between the adoptive parent or
15    parents, the child, and the child's sibling regarding post
16    permanency contact between the adopted child and the
17    child's sibling, or a written agreement between the legal
18    guardians, the child, and the child's sibling regarding
19    post permanency contact between the child placed in
20    guardianship and the child's sibling. The Post Permanency
21    Sibling Contact Agreement may specify the nature and
22    frequency of contact between the adopted child or child
23    placed in guardianship and the child's sibling following
24    the entry of the Judgment Order for Adoption or Order for
25    Private Guardianship. The Post Permanency Sibling Contact
26    Agreement may be supported by services as specified in

 

 

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1    this Section. The Post Permanency Sibling Contact
2    Agreement is voluntary on the part of the parties to the
3    Post Permanency Sibling Contact Agreement and is not a
4    requirement for finalization of the child's adoption or
5    guardianship. The Post Permanency Sibling Contract
6    Agreement shall not be enforceable in any court of law or
7    administrative forum and no cause of action shall be
8    brought to enforce the Agreement. When entered into, the
9    Post Permanency Sibling Contact Agreement shall be placed
10    in the child's Post Adoption or Guardianship case record
11    and in the case file of a sibling who is a party to the
12    agreement and who remains in the Department's custody or
13    guardianship.
14        (11) "Sibling Contact Support Plan" means a written
15    document that sets forth the plan for future contact
16    between siblings who are in the Department's care and
17    custody and residing separately. The goal of the Support
18    Plan is to develop or preserve and nurture the siblings'
19    relationships. The Support Plan shall set forth the role
20    of the foster parents, caregivers, and others in
21    implementing the Support Plan. The Support Plan must meet
22    the minimum standards regarding frequency of in-person
23    visits provided for in Department rule.
24        (12) "Siblings" means children who share at least one
25    parent in common. This definition of siblings applies
26    solely for purposes of placement and contact under this

 

 

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1    Section. For purposes of this Section, children who share
2    at least one parent in common continue to be siblings
3    after their parent's parental rights are terminated, if
4    parental rights were terminated while a petition under
5    Article II of the Juvenile Court Act of 1987 was pending.
6    For purposes of this Section, children who share at least
7    one parent in common continue to be siblings after a
8    sibling is adopted or placed in private guardianship when
9    the adopted child or child placed in private guardianship
10    was in the Department's custody or guardianship under
11    Article II of the Juvenile Court Act of 1987 immediately
12    prior to the adoption or private guardianship. For
13    children who have been in the guardianship of the
14    Department under Article II of the Juvenile Court Act of
15    1987, have been adopted, and are subsequently returned to
16    the temporary custody or guardianship of the Department
17    under Article II of the Juvenile Court Act of 1987,
18    "siblings" includes a person who would have been
19    considered a sibling prior to the adoption and siblings
20    through adoption.
21    (c) No later than January 1, 2013, the Department shall
22promulgate rules addressing the development and preservation
23of sibling relationships. The rules shall address, at a
24minimum:
25        (1) Recruitment, licensing, and support of foster
26    parents willing and capable of either fostering sibling

 

 

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1    groups or supporting and being actively involved in
2    planning and executing sibling contact for siblings placed
3    apart. The rules shall address training for foster
4    parents, licensing workers, placement workers, and others
5    as deemed necessary.
6        (2) Placement selection for children who are separated
7    from their siblings and how to best promote placements of
8    children with foster parents or programs that can meet the
9    children's needs, including the need to develop and
10    maintain contact with siblings.
11        (3) State-supported guidance to siblings who have aged
12    out of state care regarding positive engagement with
13    siblings.
14        (4) Implementation of Post Permanency Sibling Contact
15    Agreements for children exiting State care, including
16    services offered by the Department to encourage and assist
17    parties in developing agreements, services offered by the
18    Department post permanency to support parties in
19    implementing and maintaining agreements, and including
20    services offered by the Department post permanency to
21    assist parties in amending agreements as necessary to meet
22    the needs of the children.
23        (5) Services offered by the Department for children
24    who exited foster care prior to the availability of Post
25    Permanency Sibling Contact Agreements, to invite willing
26    parties to participate in a facilitated discussion,

 

 

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1    including, but not limited to, a mediation or joint team
2    decision-making meeting, to explore sibling contact.
3    (d) The Department shall develop a form to be provided to
4youth entering care and exiting care explaining their rights
5and responsibilities related to sibling visitation while in
6care and post permanency.
7    (e) Whenever a child enters care or requires a new
8placement, the Department shall consider the development and
9preservation of sibling relationships.
10        (1) This subsection applies when a child entering care
11    or requiring a change of placement has siblings who are in
12    the custody or guardianship of the Department. When a
13    child enters care or requires a new placement, the
14    Department shall examine its files and other available
15    resources and determine whether a sibling of that child is
16    in the custody or guardianship of the Department. If the
17    Department determines that a sibling is in its custody or
18    guardianship, the Department shall then determine whether
19    it is in the best interests of each of the siblings for the
20    child needing placement to be placed with the sibling. If
21    the Department determines that it is in the best interest
22    of each sibling to be placed together, and the sibling's
23    foster parent is able and willing to care for the child
24    needing placement, the Department shall place the child
25    needing placement with the sibling. A determination that
26    it is not in a child's best interest to be placed with a

 

 

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1    sibling shall be made in accordance with Department rules,
2    and documented in the file of each sibling.
3        (2) This subsection applies when a child who is
4    entering care has siblings who have been adopted or placed
5    in private guardianship. When a child enters care, the
6    Department shall examine its files and other available
7    resources, including consulting with the child's parents,
8    to determine whether a sibling of the child was adopted or
9    placed in private guardianship from State care. The
10    Department shall determine, in consultation with the
11    child's parents, whether it would be in the child's best
12    interests to explore placement with the adopted sibling or
13    sibling in guardianship. Unless the parent objects, if the
14    Department determines it is in the child's best interest
15    to explore the placement, the Department shall contact the
16    adoptive parents or guardians of the sibling, determine
17    whether they are willing to be considered as placement
18    resources for the child, and, if so, determine whether it
19    is in the best interests of the child to be placed in the
20    home with the sibling. If the Department determines that
21    it is in the child's best interests to be placed in the
22    home with the sibling, and the sibling's adoptive parents
23    or guardians are willing and capable, the Department shall
24    make the placement. A determination that it is not in a
25    child's best interest to be placed with a sibling shall be
26    made in accordance with Department rule, and documented in

 

 

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1    the child's file.
2        (3) This subsection applies when a child in Department
3    custody or guardianship requires a change of placement,
4    and the child has siblings who have been adopted or placed
5    in private guardianship. When a child in care requires a
6    new placement, the Department may consider placing the
7    child with the adoptive parent or guardian of a sibling
8    under the same procedures and standards set forth in
9    paragraph (2) of this subsection.
10        (4) When the Department determines it is not in the
11    best interest of one or more siblings to be placed
12    together the Department shall ensure that the child
13    requiring placement is placed in a home or program where
14    the caregiver is willing and able to be actively involved
15    in supporting the sibling relationship to the extent doing
16    so is in the child's best interest.
17    (f) When siblings in care are placed in separate
18placements, the Department shall develop a Sibling Contact
19Support Plan. The Department shall convene a meeting to
20develop the Support Plan. The meeting shall include, at a
21minimum, the case managers for the siblings, the foster
22parents or other care providers if a child is in a non-foster
23home placement and the child, when developmentally and
24clinically appropriate. The Department shall make all
25reasonable efforts to promote the participation of the foster
26parents. Parents whose parental rights are intact shall be

 

 

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1invited to the meeting. Others, such as therapists and
2mentors, shall be invited as appropriate. The Support Plan
3shall set forth future contact and visits between the siblings
4to develop or preserve, and nurture the siblings'
5relationships. The Support Plan shall set forth the role of
6the foster parents and caregivers and others in implementing
7the Support Plan. The Support Plan must meet the minimum
8standards regarding frequency of in-person visits provided for
9in Department rule. The Support Plan will be incorporated in
10the child's service plan and reviewed at each administrative
11case review. The Support Plan should be modified if one of the
12children moves to a new placement, or as necessary to meet the
13needs of the children. The Sibling Contact Support Plan for a
14child in care may include siblings who are not in the care of
15the Department, with the consent and participation of that
16child's parent or guardian.
17    (g) By January 1, 2013, the Department shall develop a
18registry so that placement information regarding adopted
19siblings and siblings in private guardianship is readily
20available to Department and private agency caseworkers
21responsible for placing children in the Department's care.
22When a child is adopted or placed in private guardianship from
23foster care the Department shall inform the adoptive parents
24or guardians that they may be contacted in the future
25regarding placement of or contact with siblings subsequently
26requiring placement.

 

 

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1    (h) When a child is in need of an adoptive placement, the
2Department shall examine its files and other available
3resources and attempt to determine whether a sibling of the
4child has been adopted or placed in private guardianship after
5being in the Department's custody or guardianship. If the
6Department determines that a sibling of the child has been
7adopted or placed in private guardianship, the Department
8shall make a good faith effort to locate the adoptive parents
9or guardians of the sibling and inform them of the
10availability of the child for adoption. The Department may
11determine not to inform the adoptive parents or guardians of a
12sibling of a child that the child is available for adoption
13only for a reason permitted under criteria adopted by the
14Department by rule, and documented in the child's case file.
15If a child available for adoption has a sibling who has been
16adopted or placed in guardianship, and the adoptive parents or
17guardians of that sibling apply to adopt the child, the
18Department shall consider them as adoptive applicants for the
19adoption of the child. The Department's final decision as to
20whether it will consent to the adoptive parents or guardians
21of a sibling being the adoptive parents of the child shall be
22based upon the welfare and best interest of the child. In
23arriving at its decision, the Department shall consider all
24relevant factors, including but not limited to:
25        (1) the wishes of the child;
26        (2) the interaction and interrelationship of the child

 

 

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1    with the applicant to adopt the child;
2        (3) the child's need for stability and continuity of
3    relationship with parent figures;
4        (4) the child's adjustment to the child's his or her
5    present home, school, and community;
6        (5) the mental and physical health of all individuals
7    involved;
8        (6) the family ties between the child and the child's
9    relatives, including siblings;
10        (7) the background, age, and living arrangements of
11    the applicant to adopt the child;
12        (8) a criminal background report of the applicant to
13    adopt the child.
14    If placement of the child available for adoption with the
15adopted sibling or sibling in private guardianship is not
16feasible, but it is in the child's best interest to develop a
17relationship with the child's his or her sibling, the
18Department shall invite the adoptive parents, guardian, or
19guardians for a mediation or joint team decision-making
20meeting to facilitate a discussion regarding future sibling
21contact.
22    (i) Post Permanency Sibling Contact Agreement. When a
23child in the Department's care has a permanency goal of
24adoption or private guardianship, and the Department is
25preparing to finalize the adoption or guardianship, the
26Department shall convene a meeting with the pre-adoptive

 

 

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1parent or prospective guardian and the case manager for the
2child being adopted or placed in guardianship and the foster
3parents and case managers for the child's siblings, and others
4as applicable. The children should participate as is
5developmentally appropriate. Others, such as therapists and
6mentors, may participate as appropriate. At the meeting the
7Department shall encourage the parties to discuss sibling
8contact post permanency. The Department may assist the parties
9in drafting a Post Permanency Sibling Contact Agreement.
10        (1) Parties to the Post Permanency Sibling Contact
11    Agreement shall include:
12            (A) The adoptive parent or parents or guardian.
13            (B) The child's sibling or siblings, parents or
14        guardians.
15            (C) The child.
16        (2) Consent of child 14 and over. The written consent
17    of a child age 14 and over to the terms and conditions of
18    the Post Permanency Sibling Contact Agreement and
19    subsequent modifications is required.
20        (3) In developing this Agreement, the Department shall
21    encourage the parties to consider the following factors:
22            (A) the physical and emotional safety and welfare
23        of the child;
24            (B) the child's wishes;
25            (C) the interaction and interrelationship of the
26        child with the child's sibling or siblings who would

 

 

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1        be visiting or communicating with the child,
2        including:
3                (i) the quality of the relationship between
4            the child and the sibling or siblings, and
5                (ii) the benefits and potential harms to the
6            child in allowing the relationship or
7            relationships to continue or in ending them;
8            (D) the child's sense of attachments to the birth
9        sibling or siblings and adoptive family, including:
10                (i) the child's sense of being valued;
11                (ii) the child's sense of familiarity; and
12                (iii) continuity of affection for the child;
13            and
14            (E) other factors relevant to the best interest of
15        the child.
16        (4) In considering the factors in paragraph (3) of
17    this subsection, the Department shall encourage the
18    parties to recognize the importance to a child of
19    developing a relationship with siblings including siblings
20    with whom the child does not yet have a relationship; and
21    the value of preserving family ties between the child and
22    the child's siblings, including:
23            (A) the child's need for stability and continuity
24        of relationships with siblings, and
25            (B) the importance of sibling contact in the
26        development of the child's identity.

 

 

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1        (5) Modification or termination of Post Permanency
2    Sibling Contact Agreement. The parties to the agreement
3    may modify or terminate the Post Permanency Sibling
4    Contact Agreement. If the parties cannot agree to
5    modification or termination, they may request the
6    assistance of the Department of Children and Family
7    Services or another agency identified and agreed upon by
8    the parties to the Post Permanency Sibling Contact
9    Agreement. Any and all terms may be modified by agreement
10    of the parties. Post Permanency Sibling Contact Agreements
11    may also be modified to include contact with siblings
12    whose whereabouts were unknown or who had not yet been
13    born when the Judgment Order for Adoption or Order for
14    Private Guardianship was entered.
15        (6) Adoptions and private guardianships finalized
16    prior to the effective date of amendatory Act. Nothing in
17    this Section prohibits the parties from entering into a
18    Post Permanency Sibling Contact Agreement if the adoption
19    or private guardianship was finalized prior to the
20    effective date of this Section. If the Agreement is
21    completed and signed by the parties, the Department shall
22    include the Post Permanency Sibling Contact Agreement in
23    the child's Post Adoption or Private Guardianship case
24    record and in the case file of siblings who are parties to
25    the agreement who are in the Department's custody or
26    guardianship.

 

 

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1(Source: P.A. 97-1076, eff. 8-24-12; 98-463, eff. 8-16-13.)
 
2    (20 ILCS 505/7.8)
3    Sec. 7.8. Home safety checklist; aftercare services;
4immunization checks.
5    (a) As used in this Section, "purchase of service agency"
6means any entity that contracts with the Department to provide
7services that are consistent with the purposes of this Act.
8    (b) Whenever a child is placed in the custody or
9guardianship of the Department or a child is returned to the
10custody of a parent or guardian and the court retains
11jurisdiction of the case, the Department must ensure that the
12child is up to date on the child's his or her well-child
13visits, including age-appropriate immunizations, or that there
14is a documented religious or medical reason the child did not
15receive the immunizations.
16    (c) Whenever a child has been placed in foster or
17substitute care by court order and the court later determines
18that the child can return to the custody of the child's his or
19her parent or guardian, the Department must complete, prior to
20the child's discharge from foster or substitute care, a home
21safety checklist to ensure that the conditions of the child's
22home are sufficient to ensure the child's safety and
23well-being, as defined in Department rules and procedures. At
24a minimum, the home safety checklist shall be completed within
2524 hours prior to the child's return home and completed again

 

 

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1or recertified in the absence of any environmental barriers or
2hazards within 5 working days after a child is returned home
3and every month thereafter until the child's case is closed
4pursuant to the Juvenile Court Act of 1987. The home safety
5checklist shall include a certification that there are no
6environmental barriers or hazards to prevent returning the
7child home.
8    (d) When a court determines that a child should return to
9the custody or guardianship of a parent or guardian, any
10aftercare services provided to the child and the child's
11family by the Department or a purchase of service agency shall
12commence on the date upon which the child is returned to the
13custody or guardianship of the child's his or her parent or
14guardian. If children are returned to the custody of a parent
15at different times, the Department or purchase of service
16agency shall provide a minimum of 6 months of aftercare
17services to each child commencing on the date each individual
18child is returned home.
19    (e) One year after the effective date of this amendatory
20Act of the 101st General Assembly, the Auditor General shall
21commence a performance audit of the Department of Children and
22Family Services to determine whether the Department is meeting
23the requirements of this Section. Within 2 years after the
24audit's release, the Auditor General shall commence a
25follow-up performance audit to determine whether the
26Department has implemented the recommendations contained in

 

 

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1the initial performance audit. Upon completion of each audit,
2the Auditor General shall report its findings to the General
3Assembly. The Auditor General's reports shall include any
4issues or deficiencies and recommendations. The audits
5required by this Section shall be in accordance with and
6subject to the Illinois State Auditing Act.
7(Source: P.A. 101-237, eff. 1-1-20.)
 
8    (20 ILCS 505/8)  (from Ch. 23, par. 5008)
9    Sec. 8. Scholarships and fee waivers; tuition waiver.
10    (a) Each year the Department shall select a minimum of 53
11students (at least 4 of whom shall be children of veterans) to
12receive scholarships and fee waivers which will enable them to
13attend and complete their post-secondary education at a
14community college, university, or college. Youth shall be
15selected from among the youth for whom the Department has
16court-ordered legal responsibility, youth who aged out of care
17at age 18 or older, or youth formerly under care who have been
18adopted or who have been placed in private guardianship.
19Recipients must have earned a high school diploma from an
20accredited institution or a high school equivalency
21certificate or diploma or have met the State criteria for high
22school graduation before the start of the school year for
23which they are applying for the scholarship and waiver.
24Scholarships and fee waivers shall be available to students
25for at least 5 years, provided they are continuing to work

 

 

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1toward graduation. Unused scholarship dollars and fee waivers
2shall be reallocated to new recipients. No later than January
31, 2015, the Department shall promulgate rules identifying the
4criteria for "continuing to work toward graduation" and for
5reallocating unused scholarships and fee waivers. Selection
6shall be made on the basis of several factors, including, but
7not limited to, scholastic record, aptitude, and general
8interest in higher education. The selection committee shall
9include at least 2 individuals formerly under the care of the
10Department who have completed their post-secondary education.
11In accordance with this Act, tuition scholarships and fee
12waivers shall be available to such students at any university
13or college maintained by the State of Illinois. The Department
14shall provide maintenance and school expenses, except tuition
15and fees, during the academic years to supplement the
16students' earnings or other resources so long as they
17consistently maintain scholastic records which are acceptable
18to their schools and to the Department. Students may attend
19other colleges and universities, if scholarships are awarded
20them, and receive the same benefits for maintenance and other
21expenses as those students attending any Illinois State
22community college, university, or college under this Section.
23Beginning with recipients receiving scholarships and waivers
24in August 2014, the Department shall collect data and report
25annually to the General Assembly on measures of success,
26including (i) the number of youth applying for and receiving

 

 

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1scholarships or waivers, (ii) the percentage of scholarship or
2waiver recipients who complete their college or university
3degree within 5 years, (iii) the average length of time it
4takes for scholarship or waiver recipients to complete their
5college or university degree, (iv) the reasons that
6scholarship or waiver recipients are discharged or fail to
7complete their college or university degree, (v) when
8available, youths' outcomes 5 years and 10 years after being
9awarded the scholarships or waivers, and (vi) budget
10allocations for maintenance and school expenses incurred by
11the Department.
12    (b) Youth shall receive a tuition and fee waiver to assist
13them in attending and completing their post-secondary
14education at any community college, university, or college
15maintained by the State of Illinois if they are youth for whom
16the Department has court-ordered legal responsibility, youth
17who aged out of care at age 18 or older, or youth formerly
18under care who have been adopted and were the subject of an
19adoption assistance agreement or who have been placed in
20private guardianship and were the subject of a subsidized
21guardianship agreement.
22    To receive a waiver under this subsection, an applicant
23must:
24        (1) have earned a high school diploma from an
25    accredited institution or a high school equivalency
26    certificate or have met the State criteria for high school

 

 

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1    graduation before the start of the school year for which
2    the applicant is applying for the waiver;
3        (2) enroll in a qualifying post-secondary education
4    before the applicant reaches the age of 26; and
5        (3) apply for federal and State grant assistance by
6    completing the Free Application for Federal Student Aid.
7    The community college or public university that an
8applicant attends must waive any tuition and fee amounts that
9exceed the amounts paid to the applicant under the federal
10Pell Grant Program or the State's Monetary Award Program.
11    Tuition and fee waivers shall be available to a student
12for at least the first 5 years the student is enrolled in a
13community college, university, or college maintained by the
14State of Illinois so long as the student makes satisfactory
15progress toward completing the student's his or her degree.
16The age requirement and 5-year cap on tuition and fee waivers
17under this subsection shall be waived and eligibility for
18tuition and fee waivers shall be extended for any applicant or
19student who the Department determines was unable to enroll in
20a qualifying post-secondary school or complete an academic
21term because the applicant or student: (i) was called into
22active duty with the United States Armed Forces; (ii) was
23deployed for service in the United States Public Health
24Service Commissioned Corps; or (iii) volunteered in the Peace
25Corps or the AmeriCorps. The Department shall extend
26eligibility for a qualifying applicant or student by the total

 

 

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1number of months or years during which the applicant or
2student served on active duty with the United States Armed
3Forces, was deployed for service in the United States Public
4Health Service Commissioned Corps, or volunteered in the Peace
5Corps or the AmeriCorps. The number of months an applicant or
6student served on active duty with the United States Armed
7Forces shall be rounded up to the next higher year to determine
8the maximum length of time to extend eligibility for the
9applicant or student.
10    The Department may provide the student with a stipend to
11cover maintenance and school expenses, except tuition and
12fees, during the academic years to supplement the student's
13earnings or other resources so long as the student
14consistently maintains scholastic records which are acceptable
15to the student's school and to the Department.
16    The Department shall develop outreach programs to ensure
17that youths who qualify for the tuition and fee waivers under
18this subsection who are high school students in grades 9
19through 12 or who are enrolled in a high school equivalency
20testing program are aware of the availability of the tuition
21and fee waivers.
22    (c) Subject to appropriation, the Department shall provide
23eligible youth an apprenticeship stipend to cover those costs
24associated with entering and sustaining through completion an
25apprenticeship, including, but not limited to fees, tuition
26for classes, work clothes, rain gear, boots, and

 

 

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1occupation-specific tools. The following youth may be eligible
2for the apprenticeship stipend provided under this subsection:
3youth for whom the Department has court-ordered legal
4responsibility; youth who aged out of care at age 18 or older;
5or youth formerly under care who have been adopted and were the
6subject of an adoption assistance agreement or who have been
7placed in private guardianship and were the subject of a
8subsidized guardianship agreement.
9    To receive a stipend under this subsection, an applicant
10must:
11        (1) be enrolled in an apprenticeship training program
12    approved or recognized by the Illinois Department of
13    Employment Security or an apprenticeship program approved
14    by the United States Department of Labor;
15        (2) not be a recipient of a scholarship or fee waiver
16    under subsection (a) or (b); and
17        (3) be under the age of 26 before enrolling in a
18    qualified apprenticeship program.
19    Apprenticeship stipends shall be available to an eligible
20youth for a maximum of 5 years after the youth enrolls in a
21qualifying apprenticeship program so long as the youth makes
22satisfactory progress toward completing the youth's his or her
23apprenticeship. The age requirement and 5-year cap on the
24apprenticeship stipend provided under this subsection shall be
25extended for any applicant who the Department determines was
26unable to enroll in a qualifying apprenticeship program

 

 

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1because the applicant: (i) was called into active duty with
2the United States Armed Forces; (ii) was deployed for service
3in the United States Public Health Service Commissioned Corps;
4or (iii) volunteered in the Peace Corps or the AmeriCorps. The
5Department shall extend eligibility for a qualifying applicant
6by the total number of months or years during which the
7applicant served on active duty with the United States Armed
8Forces, was deployed for service in the United States Public
9Health Service Commissioned Corps, or volunteered in the Peace
10Corps or the AmeriCorps. The number of months an applicant
11served on active duty with the United States Armed Forces
12shall be rounded up to the next higher year to determine the
13maximum length of time to extend eligibility for the
14applicant.
15    The Department shall develop outreach programs to ensure
16that youths who qualify for the apprenticeship stipends under
17this subsection who are high school students in grades 9
18through 12 or who are enrolled in a high school equivalency
19testing program are aware of the availability of the
20apprenticeship stipend.
21(Source: P.A. 100-1045, eff. 1-1-19; 101-558, eff. 1-1-20.)
 
22    (20 ILCS 505/8a)  (from Ch. 23, par. 5008a)
23    Sec. 8a. No otherwise qualified child with a disability
24receiving special education and related services under Article
2514 of The School Code shall solely by reason of the child's his

 

 

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1or her disability be excluded from the participation in or be
2denied the benefits of or be subjected to discrimination under
3any program or activity provided by the Department.
4    The Department, or its authorized agent, shall ensure that
5a copy of a student's then current individualized education
6program (IEP) is provided to the school district in which the
7student is newly placed by the Department. Upon receipt of the
8IEP, the new school district shall review it and place the
9student in a special education program in accordance with that
10described in the IEP. The Department shall consult with the
11State Board of Education in the development of necessary rules
12and regulations to implement this provision.
13(Source: P.A. 87-372.)
 
14    (20 ILCS 505/8b)  (from Ch. 23, par. 5008b)
15    Sec. 8b. No homeless person eligible to receive benefits
16or services from the Department shall, by reason of the
17homeless person's his or her status as a homeless person, be
18excluded from participation in, be denied benefits under or be
19subjected to discrimination under any program or activity
20provided by the Department.
21(Source: P.A. 84-1277.)
 
22    (20 ILCS 505/9.3)  (from Ch. 23, par. 5009.3)
23    Sec. 9.3. Declarations by Parents and Guardians.
24Information requested of parents and guardians shall be

 

 

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1submitted on forms or questionnaires prescribed by the
2Department or units of local government as the case may be and
3shall contain a written declaration to be signed by the parent
4or guardian in substantially the following form:
5    "I declare under penalties of perjury that I have examined
6this form or questionnaire and all accompanying statements or
7documents pertaining to my income, or any other matter having
8bearing upon my status and ability to provide payment for care
9and training of my child, and to the best of my knowledge and
10belief the information supplied is true, correct, and
11complete".
12    A person who makes and subscribes a form or questionnaire
13which contains, as herein above provided, a written
14declaration that it is made under the penalties of perjury,
15knowing it to be false, incorrect or incomplete, in respect to
16any material statement or representative bearing upon the
17parent's or guardian's his status as a parent or guardian, or
18upon the parent's or guardian's his income, resources, or
19other matter concerning the parent's or guardian's his ability
20to provide parental payment, shall be subject to the penalties
21for perjury provided for in Section 32-2 of the Criminal Code
22of 2012.
23    Parents who refuse to provide such information after three
24written requests from the Department will be liable for the
25full cost of care provided, from the commencement of such care
26until the required information is received.

 

 

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1(Source: P.A. 97-1150, eff. 1-25-13.)
 
2    (20 ILCS 505/9.5)  (from Ch. 23, par. 5009.5)
3    Sec. 9.5. Notice of Parental Payments Due. When the
4Department has determined that a parent or guardian is liable
5for payment for care and support of the parent's or guardian's
6his children, the parent or guardian shall be notified by
7mailing the parent or guardian him a copy of the determination
8by mail, advising the parent or guardian him of the parent's or
9guardian's his legal obligation to make payments for such
10period or periods of time, definite in duration or indefinite,
11as the circumstances required. The notice shall direct payment
12as provided in Section 9.6.
13    Within 30 days after receipt of a payment notice, the
14parents may appeal the assessment amount if the data used in
15determining the amount is inaccurate or incomplete. Parents
16may also appeal the assessment at any time on the basis of
17changes in their circumstances which render inaccurate
18information on which the assessment is based. If the changes
19requested in a parental appeal are granted, the Department may
20modify its assessment retroactively to the appropriate date
21and adjust any amount in arrears accordingly.
22(Source: P.A. 83-1037.)
 
23    (20 ILCS 505/17)  (from Ch. 23, par. 5017)
24    Sec. 17. Youth and Community Services Program. The

 

 

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1Department of Human Services shall develop a State program for
2youth and community services which will assure that youth who
3come into contact or may come into contact with the child
4welfare and the juvenile justice systems will have access to
5needed community, prevention, diversion, emergency and
6independent living services. The term "youth" means a person
7under the age of 19 years. The term "homeless youth" means a
8youth who cannot be reunited with the youth's his or her family
9and is not in a safe and stable living situation. This Section
10shall not be construed to require the Department of Human
11Services to provide services under this Section to any
12homeless youth who is at least 18 years of age but is younger
13than 19 years of age; however, the Department may, in its
14discretion, provide services under this Section to any such
15homeless youth.
16    (a) The goals of the program shall be to:
17        (1) maintain children and youths in their own
18    community;
19        (2) eliminate unnecessary categorical funding of
20    programs by funding more comprehensive and integrated
21    programs;
22        (3) encourage local volunteers and voluntary
23    associations in developing programs aimed at preventing
24    and controlling juvenile delinquency;
25        (4) address voids in services and close service gaps;
26        (5) develop program models aimed at strengthening the

 

 

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1    relationships between youth and their families and aimed
2    at developing healthy, independent lives for homeless
3    youth;
4        (6) contain costs by redirecting funding to more
5    comprehensive and integrated community-based services; and
6        (7) coordinate education, employment, training and
7    other programs for youths with other State agencies.
8    (b) The duties of the Department under the program shall
9be to:
10        (1) design models for service delivery by local
11    communities;
12        (2) test alternative systems for delivering youth
13    services;
14        (3) develop standards necessary to achieve and
15    maintain, on a statewide basis, more comprehensive and
16    integrated community-based youth services;
17        (4) monitor and provide technical assistance to local
18    boards and local service systems;
19        (5) assist local organizations in developing programs
20    which address the problems of youths and their families
21    through direct services, advocacy with institutions, and
22    improvement of local conditions; and
23        (6) develop a statewide adoption awareness campaign
24    aimed at pregnant teenagers.
25(Source: P.A. 89-507, eff. 7-1-97.)
 

 

 

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1    (20 ILCS 505/21)  (from Ch. 23, par. 5021)
2    Sec. 21. Investigative powers; training.
3    (a) To make such investigations as it may deem necessary
4to the performance of its duties.
5    (b) In the course of any such investigation any qualified
6person authorized by the Director may administer oaths and
7secure by its subpoena both the attendance and testimony of
8witnesses and the production of books and papers relevant to
9such investigation. Any person who is served with a subpoena
10by the Department to appear and testify or to produce books and
11papers, in the course of an investigation authorized by law,
12and who refuses or neglects to appear, or to testify, or to
13produce books and papers relevant to such investigation, as
14commanded in such subpoena, shall be guilty of a Class B
15misdemeanor. The fees of witnesses for attendance and travel
16shall be the same as the fees of witnesses before the circuit
17courts of this State. Any circuit court of this State, upon
18application of the person requesting the hearing or the
19Department, may compel the attendance of witnesses, the
20production of books and papers, and giving of testimony before
21the Department or before any authorized officer or employee
22thereof, by an attachment for contempt or otherwise, in the
23same manner as production of evidence may be compelled before
24such court. Every person who, having taken an oath or made
25affirmation before the Department or any authorized officer or
26employee thereof, shall willfully swear or affirm falsely,

 

 

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1shall be guilty of perjury and upon conviction shall be
2punished accordingly.
3    (c) Investigations initiated under this Section shall
4provide individuals due process of law, including the right to
5a hearing, to cross-examine witnesses, to obtain relevant
6documents, and to present evidence. Administrative findings
7shall be subject to the provisions of the Administrative
8Review Law.
9    (d) Beginning July 1, 1988, any child protective
10investigator or supervisor or child welfare specialist or
11supervisor employed by the Department on the effective date of
12this amendatory Act of 1987 shall have completed a training
13program which shall be instituted by the Department. The
14training program shall include, but not be limited to, the
15following: (1) training in the detection of symptoms of child
16neglect and drug abuse; (2) specialized training for dealing
17with families and children of drug abusers; and (3) specific
18training in child development, family dynamics and interview
19techniques. Such program shall conform to the criteria and
20curriculum developed under Section 4 of the Child Protective
21Investigator and Child Welfare Specialist Certification Act of
221987. Failure to complete such training due to lack of
23opportunity provided by the Department shall in no way be
24grounds for any disciplinary or other action against an
25investigator or a specialist.
26    The Department shall develop a continuous inservice staff

 

 

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1development program and evaluation system. Each child
2protective investigator and supervisor and child welfare
3specialist and supervisor shall participate in such program
4and evaluation and shall complete a minimum of 20 hours of
5inservice education and training every 2 years in order to
6maintain certification.
7    Any child protective investigator or child protective
8supervisor, or child welfare specialist or child welfare
9specialist supervisor hired by the Department who begins his
10actual employment after the effective date of this amendatory
11Act of 1987, shall be certified pursuant to the Child
12Protective Investigator and Child Welfare Specialist
13Certification Act of 1987 before beginning he begins such
14employment. Nothing in this Act shall replace or diminish the
15rights of employees under the Illinois Public Labor Relations
16Act, as amended, or the National Labor Relations Act. In the
17event of any conflict between either of those Acts, or any
18collective bargaining agreement negotiated thereunder, and the
19provisions of subsections (d) and (e), the former shall
20prevail and control.
21    (e) The Department shall develop and implement the
22following:
23        (1) A standardized child endangerment risk assessment
24    protocol.
25        (2) Related training procedures.
26        (3) A standardized method for demonstration of

 

 

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1    proficiency in application of the protocol.
2        (4) An evaluation of the reliability and validity of
3    the protocol.
4All child protective investigators and supervisors and child
5welfare specialists and supervisors employed by the Department
6or its contractors shall be required, subsequent to the
7availability of training under this Act, to demonstrate
8proficiency in application of the protocol previous to being
9permitted to make decisions about the degree of risk posed to
10children for whom they are responsible. The Department shall
11establish a multi-disciplinary advisory committee appointed by
12the Director, including but not limited to representatives
13from the fields of child development, domestic violence,
14family systems, juvenile justice, law enforcement, health
15care, mental health, substance abuse, and social service to
16advise the Department and its related contractors in the
17development and implementation of the child endangerment risk
18assessment protocol, related training, method for
19demonstration of proficiency in application of the protocol,
20and evaluation of the reliability and validity of the
21protocol. The Department shall develop the protocol, training
22curriculum, method for demonstration of proficiency in
23application of the protocol and method for evaluation of the
24reliability and validity of the protocol by July 1, 1995.
25Training and demonstration of proficiency in application of
26the child endangerment risk assessment protocol for all child

 

 

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1protective investigators and supervisors and child welfare
2specialists and supervisors shall be completed as soon as
3practicable, but no later than January 1, 1996. The Department
4shall submit to the General Assembly on or before May 1, 1996,
5and every year thereafter, an annual report on the evaluation
6of the reliability and validity of the child endangerment risk
7assessment protocol. The Department shall contract with a not
8for profit organization with demonstrated expertise in the
9field of child endangerment risk assessment to assist in the
10development and implementation of the child endangerment risk
11assessment protocol, related training, method for
12demonstration of proficiency in application of the protocol,
13and evaluation of the reliability and validity of the
14protocol.
15    (f) The Department shall provide each parent or guardian
16and responsible adult caregiver participating in a safety plan
17a copy of the written safety plan as signed by each parent or
18guardian and responsible adult caregiver and by a
19representative of the Department. The Department shall also
20provide each parent or guardian and responsible adult
21caregiver safety plan information on their rights and
22responsibilities that shall include, but need not be limited
23to, information on how to obtain medical care, emergency phone
24numbers, and information on how to notify schools or day care
25providers as appropriate. The Department's representative
26shall ensure that the safety plan is reviewed and approved by

 

 

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1the child protection supervisor.
2(Source: P.A. 98-830, eff. 1-1-15.)
 
3    (20 ILCS 505/35.5)
4    Sec. 35.5. Inspector General.
5    (a) The Governor shall appoint, and the Senate shall
6confirm, an Inspector General who shall have the authority to
7conduct investigations into allegations of or incidents of
8possible misconduct, misfeasance, malfeasance, or violations
9of rules, procedures, or laws by any employee, foster parent,
10service provider, or contractor of the Department of Children
11and Family Services, except for allegations of violations of
12the State Officials and Employees Ethics Act which shall be
13referred to the Office of the Governor's Executive Inspector
14General for investigation. The Inspector General shall make
15recommendations to the Director of Children and Family
16Services concerning sanctions or disciplinary actions against
17Department employees or providers of service under contract to
18the Department. The Director of Children and Family Services
19shall provide the Inspector General with an implementation
20report on the status of any corrective actions taken on
21recommendations under review and shall continue sending
22updated reports until the corrective action is completed. The
23Director shall provide a written response to the Inspector
24General indicating the status of any sanctions or disciplinary
25actions against employees or providers of service involving

 

 

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1any investigation subject to review. In any case, information
2included in the reports to the Inspector General and
3Department responses shall be subject to the public disclosure
4requirements of the Abused and Neglected Child Reporting Act.
5Any investigation conducted by the Inspector General shall be
6independent and separate from the investigation mandated by
7the Abused and Neglected Child Reporting Act. The Inspector
8General shall be appointed for a term of 4 years. The Inspector
9General shall function independently within the Department of
10Children and Family Services with respect to the operations of
11the Office of Inspector General, including the performance of
12investigations and issuance of findings and recommendations,
13and shall report to the Director of Children and Family
14Services and the Governor and perform other duties the
15Director may designate. The Inspector General shall adopt
16rules as necessary to carry out the functions, purposes, and
17duties of the office of Inspector General in the Department of
18Children and Family Services, in accordance with the Illinois
19Administrative Procedure Act and any other applicable law.
20    (b) The Inspector General shall have access to all
21information and personnel necessary to perform the duties of
22the office. To minimize duplication of efforts, and to assure
23consistency and conformance with the requirements and
24procedures established in the B.H. v. Suter consent decree and
25to share resources when appropriate, the Inspector General
26shall coordinate the Inspector General's his or her activities

 

 

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1with the Bureau of Quality Assurance within the Department.
2    (c) The Inspector General shall be the primary liaison
3between the Department and the Illinois State Police with
4regard to investigations conducted under the Inspector
5General's auspices. If the Inspector General determines that a
6possible criminal act has been committed, or that special
7expertise is required in the investigation, the Inspector
8General he or she shall immediately notify the Illinois State
9Police. All investigations conducted by the Inspector General
10shall be conducted in a manner designed to ensure the
11preservation of evidence for possible use in a criminal
12prosecution.
13    (d) The Inspector General may recommend to the Department
14of Children and Family Services, the Department of Public
15Health, or any other appropriate agency, sanctions to be
16imposed against service providers under the jurisdiction of or
17under contract with the Department for the protection of
18children in the custody or under the guardianship of the
19Department who received services from those providers. The
20Inspector General may seek the assistance of the Attorney
21General or any of the several State's Attorneys in imposing
22sanctions.
23    (e) The Inspector General shall at all times be granted
24access to any foster home, facility, or program operated for
25or licensed or funded by the Department.
26    (f) Nothing in this Section shall limit investigations by

 

 

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1the Department of Children and Family Services that may
2otherwise be required by law or that may be necessary in that
3Department's capacity as the central administrative authority
4for child welfare.
5    (g) The Inspector General shall have the power to subpoena
6witnesses and compel the production of books and papers
7pertinent to an investigation authorized by this Act. The
8power to subpoena or to compel the production of books and
9papers, however, shall not extend to the person or documents
10of a labor organization or its representatives insofar as the
11person or documents of a labor organization relate to the
12function of representing an employee subject to investigation
13under this Act. Any person who fails to appear in response to a
14subpoena or to answer any question or produce any books or
15papers pertinent to an investigation under this Act, except as
16otherwise provided in this Section, or who knowingly gives
17false testimony in relation to an investigation under this Act
18is guilty of a Class A misdemeanor.
19    (h) The Inspector General shall provide to the General
20Assembly and the Governor, no later than January 1 of each
21year, a summary of reports and investigations made under this
22Section for the prior fiscal year. The summaries shall detail
23the imposition of sanctions and the final disposition of those
24recommendations. The summaries shall not contain any
25confidential or identifying information concerning the
26subjects of the reports and investigations. The summaries also

 

 

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1shall include detailed recommended administrative actions and
2matters for consideration by the General Assembly.
3(Source: P.A. 102-538, eff. 8-20-21.)
 
4    (20 ILCS 505/35.6)
5    Sec. 35.6. State-wide toll-free telephone number.
6    (a) There shall be a State-wide, toll-free telephone
7number for any person, whether or not mandated by law, to
8report to the Inspector General of the Department, suspected
9misconduct, malfeasance, misfeasance, or violations of rules,
10procedures, or laws by Department employees, service
11providers, or contractors that is detrimental to the best
12interest of children receiving care, services, or training
13from or who were committed to the Department as allowed under
14Section 5 of this Act. Immediately upon receipt of a telephone
15call regarding suspected abuse or neglect of children, the
16Inspector General shall refer the call to the Child Abuse and
17Neglect Hotline or to the Illinois State Police as mandated by
18the Abused and Neglected Child Reporting Act and Section 35.5
19of this Act. A mandated reporter shall not be relieved of the
20mandated reporter's his or her duty to report incidents to the
21Child Abuse and Neglect Hotline referred to in this
22subsection. The Inspector General shall also establish rules
23and procedures for evaluating reports of suspected misconduct
24and violation of rules and for conducting an investigation of
25such reports.

 

 

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1    (b) The Inspector General shall prepare and maintain
2written records from the reporting source that shall contain
3the following information to the extent known at the time the
4report is made: (1) the names and addresses of the child and
5the person responsible for the child's welfare; (2) the nature
6of the misconduct and the detriment cause to the child's best
7interest; (3) the names of the persons or agencies responsible
8for the alleged misconduct. Any investigation conducted by the
9Inspector General pursuant to such information shall not
10duplicate and shall be separate from the investigation
11mandated by the Abused and Neglected Child Reporting Act.
12However, the Inspector General may include the results of such
13investigation in reports compiled under this Section. At the
14request of the reporting agent, the Inspector General shall
15keep the identity of the reporting agent strictly confidential
16from the operation of the Department, until the Inspector
17General shall determine what recommendations shall be made
18with regard to discipline or sanction of the Department
19employee, service provider, or contractor, with the exception
20of suspected child abuse or neglect which shall be handled
21consistent with the Abused and Neglected Child Reporting Act
22and Section 35.5 of this Act. The Department shall take
23whatever steps are necessary to assure that a person making a
24report in good faith under this Section is not adversely
25affected solely on the basis of having made such report.
26(Source: P.A. 102-538, eff. 8-20-21.)
 

 

 

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1    (20 ILCS 505/35.9)
2    Sec. 35.9. Visitation privileges; grandparents and
3great-grandparents.
4    (a) The Department shall make reasonable efforts and
5accommodations to provide for visitation privileges to a
6non-custodial grandparent or great-grandparent of a child who
7is in the care and custody of the Department. Any visitation
8privileges provided under this Section shall be separate and
9apart from any visitation privileges provided to a parent of
10the child. The Department shall provide visitation privileges
11only if doing so is in the child's best interest, taking into
12consideration the factors set out in subsection (4.05) of
13Section 1-3 of the Juvenile Court Act of 1987 and the following
14additional factors:
15        (1) the mental and physical health of the grandparent
16    or great-grandparent;
17        (2) the quantity of the visitation time requested and
18    the potential adverse impact that visitation would have on
19    the child's customary activities;
20        (3) any other fact that establishes that the loss of
21    the relationship between the child and the grandparent or
22    great-grandparent is likely to unduly harm the child's
23    mental, physical, or emotional health; and
24        (4) whether visitation can be structured in a way to
25    minimize the child's exposure to conflicts between adult

 

 

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1    family members.
2    (b) Any visitation privileges provided under this Section
3shall automatically terminate upon the child leaving the care
4or custody of the Department.
5    (c) The Department may deny a request for visitation after
6considering the criteria provided under subsection (a) in
7addition to any other criteria the Department deems necessary.
8If the Department determines that a grandparent or
9great-grandparent is inappropriate to serve as a visitation
10resource and denies visitation, the Department shall: (i)
11document the basis of its determination and maintain the
12documentation in the child's case file and (ii) inform the
13grandparent or great-grandparent of the grandparent's or
14great-grandparent's his or her right to a clinical review in
15accordance with Department rules and procedures. The
16Department may adopt any rules necessary to implement this
17Section.
18(Source: P.A. 99-838, eff. 1-1-17.)
 
19    Section 10. The Department of Children and Family Services
20Powers Law of the Civil Administrative Code of Illinois is
21amended by changing Section 510-25 as follows:
 
22    (20 ILCS 510/510-25)  (was 20 ILCS 510/65.5)
23    Sec. 510-25. Child Care Act of 1969; injunction. The
24Department has the power to initiate injunction proceedings

 

 

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1whenever it appears to the Director of Children and Family
2Services that any person, group of persons, or corporation is
3engaged or about to engage in any acts or practices that
4constitute or will constitute a violation of the Child Care
5Act of 1969 or any rule or regulation prescribed under the
6authority of that Act. The Director of Children and Family
7Services may, in the Director's his or her discretion, through
8the Attorney General apply for an injunction to enforce the
9Act, rule, or regulation. Upon a proper showing, any circuit
10court may enter a permanent or preliminary injunction or a
11temporary restraining order without bond to enforce the Act,
12rule, or regulation in addition to the penalties and other
13remedies provided in the Act, rule, or regulation. Appeals may
14be taken as in other civil cases.
15(Source: P.A. 91-239, eff. 1-1-00.)
 
16    Section 15. The Child Death Review Team Act is amended by
17changing Section 20 as follows:
 
18    (20 ILCS 515/20)
19    Sec. 20. Reviews of child deaths.
20    (a) Every child death shall be reviewed by the team in the
21subregion which has primary case management responsibility.
22The deceased child must be one of the following:
23        (1) A youth in care.
24        (2) The subject of an open service case maintained by

 

 

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1    the Department.
2        (3) The subject of a pending child abuse or neglect
3    investigation.
4        (4) A child who was the subject of an abuse or neglect
5    investigation at any time during the 12 months preceding
6    the child's death.
7        (5) Any other child whose death is reported to the
8    State central register as a result of alleged child abuse
9    or neglect which report is subsequently indicated.
10    A child death review team may, at its discretion, review
11other sudden, unexpected, or unexplained child deaths, cases
12of serious or fatal injuries to a child identified under the
13Children's Advocacy Center Act, and all unfounded child death
14cases.
15    (b) A child death review team's purpose in conducting
16reviews of child deaths is to do the following:
17        (1) Assist in determining the cause and manner of the
18    child's death, when requested.
19        (2) Evaluate means by which the death might have been
20    prevented.
21        (3) Report its findings to appropriate agencies and
22    make recommendations that may help to reduce the number of
23    child deaths caused by abuse or neglect.
24        (4) Promote continuing education for professionals
25    involved in investigating, treating, and preventing child
26    abuse and neglect as a means of preventing child deaths

 

 

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1    due to abuse or neglect.
2        (5) Make specific recommendations to the Director and
3    the Inspector General of the Department concerning the
4    prevention of child deaths due to abuse or neglect and the
5    establishment of protocols for investigating child deaths.
6    (c) A child death review team shall review a child death as
7soon as practical and not later than 90 days following the
8completion by the Department of the investigation of the death
9under the Abused and Neglected Child Reporting Act. When there
10has been no investigation by the Department, the child death
11review team shall review a child's death within 90 days after
12obtaining the information necessary to complete the review
13from the coroner, pathologist, medical examiner, or law
14enforcement agency, depending on the nature of the case. A
15child death review team shall meet at least once in each
16calendar quarter.
17    (d) The Director shall, within 90 days, review and reply
18to recommendations made by a team under item (5) of subsection
19(b). With respect to each recommendation made by a team, the
20Director shall submit the Director's his or her reply both to
21the chairperson of that team and to the chairperson of the
22Executive Council. The Director's reply to each recommendation
23must include a statement as to whether the Director intends to
24implement the recommendation. The Director shall meet in
25person with the Executive Council at least every 60 days to
26discuss recommendations and the Department's responses.

 

 

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1    The Director shall implement recommendations as feasible
2and appropriate and shall respond in writing to explain the
3implementation or nonimplementation of the recommendations.
4    (e) Within 90 days after the Director submits a reply with
5respect to a recommendation as required by subsection (d), the
6Director must submit an additional report that sets forth in
7detail the way, if any, in which the Director will implement
8the recommendation and the schedule for implementing the
9recommendation. The Director shall submit this report to the
10chairperson of the team that made the recommendation and to
11the chairperson of the Executive Council.
12    (f) Within 180 days after the Director submits a report
13under subsection (e) concerning the implementation of a
14recommendation, the Director shall submit a further report to
15the chairperson of the team that made the recommendation and
16to the chairperson of the Executive Council. This report shall
17set forth the specific changes in the Department's policies
18and procedures that have been made in response to the
19recommendation.
20(Source: P.A. 100-159, eff. 8-18-17; 100-1122, eff. 11-27-18.)
 
21    Section 20. The Foster Parent Law is amended by changing
22Sections 1-5, 1-15, and 1-20 as follows:
 
23    (20 ILCS 520/1-5)
24    Sec. 1-5. Legislative findings. Family foster care is an

 

 

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1essential service for children and their families who have
2been separated due to the tragedy of child abuse, neglect, or
3dependency. When children have been separated from their
4families, it is the responsibility of the child welfare team
5to respond to the needs of the children and their families by
6means including (i) providing protection and nurture to
7children in a safe, healthy environment; (ii) meeting the
8developmental and emotional needs of the children, including
9maintaining and promoting a child's emotional attachment to a
10child's his or her own family; (iii) protecting and promoting
11the child's cultural identity and heritage; and (iv) working
12toward permanency for children by connecting them to safe,
13nurturing relationships intended to last a lifetime,
14preferably with their own family.
15    Foster parents are an essential part of and fulfill an
16integral role on the child welfare team along with children in
17care who are old enough to participate in planning and
18services, parents of children in care, caseworkers, and other
19professionals serving the child and family. By providing care
20for children and supporting the attachment of children to
21their families in a manner sensitive to each child's and
22family's unique needs, the foster parent serves the child, the
23family, and the community.
24    In order to successfully fulfill their role on the
25professional child welfare team, foster parents must be
26committed to the goal of the child welfare program and must

 

 

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1provide care to children and promote the best interests of the
2children and families served. In order to achieve this goal,
3foster parents must understand and be sensitive to issues of
4culture, ethnicity, religion, and children's connectedness
5with their families and must maintain a level of care,
6conduct, and demeanor that is consistent with the high
7professional ethics demanded of all other members of the child
8welfare team.
9    The General Assembly finds that there is a need to
10establish public policy regarding the role of foster parents.
11The General Assembly establishes this statement of foster
12parents' rights and responsibilities, which shall apply to all
13foster parents in the State of Illinois, whether supervised by
14the Department of Children and Family Services or by another
15agency under contract to the Department of Children and Family
16Services to provide foster care services.
17(Source: P.A. 89-19, eff. 6-3-95.)
 
18    (20 ILCS 520/1-15)
19    Sec. 1-15. Foster parent rights. A foster parent's rights
20include, but are not limited to, the following:
21        (1) The right to be treated with dignity, respect, and
22    consideration as a professional member of the child
23    welfare team.
24        (2) The right to be given standardized pre-service
25    training and appropriate ongoing training to meet mutually

 

 

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1    assessed needs and improve the foster parent's skills.
2        (3) The right to be informed as to how to contact the
3    appropriate child placement agency in order to receive
4    information and assistance to access supportive services
5    for children in the foster parent's care.
6        (4) The right to receive timely financial
7    reimbursement commensurate with the care needs of the
8    child as specified in the service plan.
9        (5) The right to be provided a clear, written
10    understanding of a placement agency's plan concerning the
11    placement of a child in the foster parent's home. Inherent
12    in this right is the foster parent's responsibility to
13    support activities that will promote the child's right to
14    relationships with the child's his or her own family and
15    cultural heritage.
16        (6) The right to be provided a fair, timely, and
17    impartial investigation of complaints concerning the
18    foster parent's licensure, to be provided the opportunity
19    to have a person of the foster parent's choosing present
20    during the investigation, and to be provided due process
21    during the investigation; the right to be provided the
22    opportunity to request and receive mediation or an
23    administrative review of decisions that affect licensing
24    parameters, or both mediation and an administrative
25    review; and the right to have decisions concerning a
26    licensing corrective action plan specifically explained

 

 

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1    and tied to the licensing standards violated.
2        (7) The right, at any time during which a child is
3    placed with the foster parent, to receive additional or
4    necessary information that is relevant to the care of the
5    child.
6        (7.5) The right to be given information concerning a
7    child (i) from the Department as required under subsection
8    (u) of Section 5 of the Children and Family Services Act
9    and (ii) from a child welfare agency as required under
10    subsection (c-5) of Section 7.4 of the Child Care Act of
11    1969.
12        (8) The right to be notified of scheduled meetings and
13    staffings concerning the foster child in order to actively
14    participate in the case planning and decision-making
15    process regarding the child, including individual service
16    planning meetings, administrative case reviews,
17    interdisciplinary staffings, and individual educational
18    planning meetings; the right to be informed of decisions
19    made by the courts or the child welfare agency concerning
20    the child; the right to provide input concerning the plan
21    of services for the child and to have that input given full
22    consideration in the same manner as information presented
23    by any other professional on the team; and the right to
24    communicate with other professionals who work with the
25    foster child within the context of the team, including
26    therapists, physicians, attending health care

 

 

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1    professionals, and teachers.
2        (9) The right to be given, in a timely and consistent
3    manner, any information a case worker has regarding the
4    child and the child's family which is pertinent to the
5    care and needs of the child and to the making of a
6    permanency plan for the child. Disclosure of information
7    concerning the child's family shall be limited to that
8    information that is essential for understanding the needs
9    of and providing care to the child in order to protect the
10    rights of the child's family. When a positive relationship
11    exists between the foster parent and the child's family,
12    the child's family may consent to disclosure of additional
13    information.
14        (10) The right to be given reasonable written notice
15    of (i) any change in a child's case plan, (ii) plans to
16    terminate the placement of the child with the foster
17    parent, and (iii) the reasons for the change or
18    termination in placement. The notice shall be waived only
19    in cases of a court order or when the child is determined
20    to be at imminent risk of harm.
21        (11) The right to be notified in a timely and complete
22    manner of all court hearings, including notice of the date
23    and time of the court hearing, the name of the judge or
24    hearing officer hearing the case, the location of the
25    hearing, and the court docket number of the case; and the
26    right to intervene in court proceedings or to seek

 

 

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1    mandamus under the Juvenile Court Act of 1987.
2        (12) The right to be considered as a placement option
3    when a foster child who was formerly placed with the
4    foster parent is to be re-entered into foster care, if
5    that placement is consistent with the best interest of the
6    child and other children in the foster parent's home.
7        (13) The right to have timely access to the child
8    placement agency's existing appeals process and the right
9    to be free from acts of harassment and retaliation by any
10    other party when exercising the right to appeal.
11        (14) The right to be informed of the Foster Parent
12    Hotline established under Section 35.6 of the Children and
13    Family Services Act and all of the rights accorded to
14    foster parents concerning reports of misconduct by
15    Department employees, service providers, or contractors,
16    confidential handling of those reports, and investigation
17    by the Inspector General appointed under Section 35.5 of
18    the Children and Family Services Act.
19(Source: P.A. 99-581, eff. 1-1-17.)
 
20    (20 ILCS 520/1-20)
21    Sec. 1-20. Foster parent responsibilities. A foster
22parent's responsibilities include, but are not limited to, the
23following:
24        (1) The responsibility to openly communicate and share
25    information about the child with other members of the

 

 

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1    child welfare team.
2        (2) The responsibility to respect the confidentiality
3    of information concerning foster children and their
4    families and act appropriately within applicable
5    confidentiality laws and regulations.
6        (3) The responsibility to advocate for children in the
7    foster parent's care.
8        (4) The responsibility to treat children in the foster
9    parent's care and the children's families with dignity,
10    respect, and consideration.
11        (5) The responsibility to recognize the foster
12    parent's own individual and familial strengths and
13    limitations when deciding whether to accept a child into
14    care; and the responsibility to recognize the foster
15    parent's own support needs and utilize appropriate
16    supports in providing care for foster children.
17        (6) The responsibility to be aware of the benefits of
18    relying on and affiliating with other foster parents and
19    foster parent associations in improving the quality of
20    care and service to children and families.
21        (7) The responsibility to assess the foster parent's
22    ongoing individual training needs and take action to meet
23    those needs.
24        (8) The responsibility to develop and assist in
25    implementing strategies to prevent placement disruptions,
26    recognizing the traumatic impact of placement disruptions

 

 

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1    on a foster child and all members of the foster family; and
2    the responsibility to provide emotional support for the
3    foster children and members of the foster family if
4    preventive strategies fail and placement disruptions
5    occur.
6        (9) The responsibility to know the impact foster
7    parenting has on individuals and family relationships; and
8    the responsibility to endeavor to minimize, as much as
9    possible, any stress that results from foster parenting.
10        (10) The responsibility to know the rewards and
11    benefits to children, parents, families, and society that
12    come from foster parenting and to promote the foster
13    parenting experience in a positive way.
14        (11) The responsibility to know the roles, rights, and
15    responsibilities of foster parents, other professionals in
16    the child welfare system, the foster child, and the foster
17    child's own family.
18        (12) The responsibility to know and, as necessary,
19    fulfill the foster parent's responsibility to serve as a
20    mandated reporter of suspected child abuse or neglect
21    under the Abused and Neglected Child Reporting Act; and
22    the responsibility to know the child welfare agency's
23    policy regarding allegations that foster parents have
24    committed child abuse or neglect and applicable
25    administrative rules and procedures governing
26    investigations of those allegations.

 

 

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1        (13) The responsibility to know and receive training
2    regarding the purpose of administrative case reviews,
3    client service plans, and court processes, as well as any
4    filing or time requirements associated with those
5    proceedings; and the responsibility to actively
6    participate in the foster parent's designated role in
7    these proceedings.
8        (14) The responsibility to know the child welfare
9    agency's appeal procedure for foster parents and the
10    rights of foster parents under the procedure.
11        (15) The responsibility to know and understand the
12    importance of maintaining accurate and relevant records
13    regarding the child's history and progress; and the
14    responsibility to be aware of and follow the procedures
15    and regulations of the child welfare agency with which the
16    foster parent is licensed or affiliated.
17        (16) The responsibility to share information, through
18    the child welfare team, with the subsequent caregiver
19    (whether the child's parent or another substitute
20    caregiver) regarding the child's adjustment in the foster
21    parent's home.
22        (17) The responsibility to provide care and services
23    that are respectful of and responsive to the child's
24    cultural needs and are supportive of the relationship
25    between the child and the child's his or her own family;
26    the responsibility to recognize the increased importance

 

 

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1    of maintaining a child's cultural identity when the race
2    or culture of the foster family differs from that of the
3    foster child; and the responsibility to take action to
4    address these issues.
5(Source: P.A. 89-19, eff. 6-3-95.)
 
6    Section 25. The Foster Children's Bill of Rights Act is
7amended by changing Section 5 as follows:
 
8    (20 ILCS 521/5)
9    Sec. 5. Foster Children's Bill of Rights. It is the policy
10of this State that every child and adult in the care of the
11Department of Children and Family Services who is placed in
12foster care shall have the following rights:
13        (1) To live in a safe, healthy, and comfortable home
14    where they are he or she is treated with respect.
15        (2) To be free from physical, sexual, emotional, or
16    other abuse, or corporal punishment.
17        (3) To receive adequate and healthy food, adequate
18    clothing, and, for youth in group homes, residential
19    treatment facilities, and foster homes, an allowance.
20        (4) To receive medical, dental, vision, and mental
21    health services.
22        (5) To be free of the administration of medication or
23    chemical substances, unless authorized by a physician.
24        (6) To contact family members, unless prohibited by

 

 

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1    court order, and social workers, attorneys, foster youth
2    advocates and supporters, Court Appointed Special
3    Advocates (CASAs), and probation officers.
4        (7) To visit and contact siblings brothers and
5    sisters, unless prohibited by court order.
6        (8) To contact the Advocacy Office for Children and
7    Families established under the Children and Family
8    Services Act or the Department of Children and Family
9    Services' Office of the Inspector General regarding
10    violations of rights, to speak to representatives of these
11    offices confidentially, and to be free from threats or
12    punishment for making complaints.
13        (9) To make and receive confidential telephone calls
14    and send and receive unopened mail, unless prohibited by
15    court order.
16        (10) To attend religious services and activities of
17    their his or her choice.
18        (11) To maintain an emancipation bank account and
19    manage personal income, consistent with the child's age
20    and developmental level, unless prohibited by the case
21    plan.
22        (12) To not be locked in a room, building, or facility
23    premises, unless placed in a secure child care facility
24    licensed by the Department of Children and Family Services
25    under the Child Care Act of 1969 and placed pursuant to
26    Section 2-27.1 of the Juvenile Court Act of 1987.

 

 

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1        (13) To attend school and participate in
2    extracurricular, cultural, and personal enrichment
3    activities, consistent with the child's age and
4    developmental level, with minimal disruptions to school
5    attendance and educational stability.
6        (14) To work and develop job skills at an
7    age-appropriate level, consistent with State law.
8        (15) To have social contacts with people outside of
9    the foster care system, including teachers, church
10    members, mentors, and friends.
11        (16) If they meet he or she meets age requirements, to
12    attend services and programs operated by the Department of
13    Children and Family Services or any other appropriate
14    State agency that aim to help current and former foster
15    youth achieve self-sufficiency prior to and after leaving
16    foster care.
17        (17) To attend court hearings and speak to the judge.
18        (18) To have storage space for private use.
19        (19) To be involved in the development of their his or
20    her own case plan and plan for permanent placement.
21        (20) To review their his or her own case plan and plan
22    for permanent placement, if they are he or she is 12 years
23    of age or older and in a permanent placement, and to
24    receive information about their his or her out-of-home
25    placement and case plan, including being told of changes
26    to the case plan.

 

 

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1        (21) To be free from unreasonable searches of personal
2    belongings.
3        (22) To the confidentiality of all juvenile court
4    records consistent with existing law.
5        (23) To have fair and equal access to all available
6    services, placement, care, treatment, and benefits, and to
7    not be subjected to discrimination or harassment on the
8    basis of actual or perceived race, ethnic group
9    identification, ancestry, national origin, color,
10    religion, sex, sexual orientation, gender identity, mental
11    or physical disability, or HIV status.
12        (24) To have caregivers and child welfare personnel
13    who have received sensitivity training and instruction on
14    matters concerning race, ethnicity, national origin,
15    color, ancestry, religion, mental and physical disability,
16    and HIV status.
17        (25) To have caregivers and child welfare personnel
18    who have received instruction on cultural competency and
19    sensitivity relating to, and best practices for, providing
20    adequate care to lesbian, gay, bisexual, and transgender
21    youth in out-of-home care.
22        (26) At 16 years of age or older, to have access to
23    existing information regarding the educational options
24    available, including, but not limited to, the coursework
25    necessary for vocational and postsecondary educational
26    programs, and information regarding financial aid for

 

 

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1    postsecondary education.
2        (27) To have access to age-appropriate, medically
3    accurate information about reproductive health care, the
4    prevention of unplanned pregnancy, and the prevention and
5    treatment of sexually transmitted infections at 12 years
6    of age or older.
7        (28) To receive a copy of this Act from and have it
8    fully explained by the Department of Children and Family
9    Services when the child or adult is placed in the care of
10    the Department of Children and Family Services.
11        (29) To be placed in the least restrictive and most
12    family-like setting available and in close proximity to
13    their his or her parent's home consistent with their his
14    or her health, safety, best interests, and special needs.
15(Source: P.A. 99-344, eff. 1-1-16; 100-189, eff. 1-1-18.)
 
16    Section 30. The Statewide Foster Care Advisory Council Law
17is amended by changing Section 5-10 as follows:
 
18    (20 ILCS 525/5-10)
19    Sec. 5-10. Membership.
20    (a) The Statewide Foster Care Advisory Council shall
21consist of the following membership:
22        (1) 2 foster parents from the Department's southern
23    and northern administrative regions; 3 foster parents from
24    the Department's central administrative region; and 2

 

 

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1    foster parents from each of the Department's Cook County
2    administrative regions. One of the 6 foster parents
3    representing the Cook County administrative regions shall
4    be the current President of the Cook County Foster Parent
5    Advisory Committee;
6        (2) 2 foster parents representing the Department's
7    Child Welfare Advisory Committee, with at least one foster
8    parent residing in Cook County;
9        (3) 2 foster care professionals representing the
10    Department's Child Welfare Advisory Committee to represent
11    agencies providing foster care services under contract to
12    the Department;
13        (4) the current president of the Illinois Foster
14    Parent Association; and
15        (5) 4 other non-Department persons with recognized
16    expertise regarding foster care who shall be nominated by
17    the Director of the Department ("the Director").
18    Each Administrator of the Department's specified
19administrative regions shall make recommendations of foster
20parents for appointment as members to the Director. The
21recommendations of the Regional Administrator shall be based
22upon consultation by the Regional Administrator with organized
23foster parent groups and Department staff.
24    All appointments to the Council shall be made in writing
25by the Director. In soliciting and making appointments, the
26Director shall make all reasonable efforts to ensure the

 

 

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1membership of the Council is culturally diverse and
2representative and also geographically representative of the
3Department's administrative regions.
4    (b) Each member shall be appointed for a term of 3 years.
5No member shall be appointed to more than 2 terms, except the
6President of the Illinois Foster Parent Association and the
7President of the Cook County Foster Parent Association may
8serve as long as the member he or she holds office. Members
9shall continue to serve until their successors are appointed.
10The terms of original members and of members subsequently
11appointed to fill vacancies created by a change in the number
12of the Council's members shall be determined to assure as
13nearly as possible that the terms of one-third of the members
14in each sector expire each year on June 30th. The original
15members in each sector shall determine by lot the length of
16each member's term, one-third to be for 3 years, one-third to
17be for 2 years, and one-third to be for one year, and the
18Council's secretary shall record the results. Thereafter, any
19member appointed to fill a vacancy other than one created by
20the expiration of a regular 3 year term shall be appointed for
21the unexpired term of the predecessor member, or in the case of
22new memberships created by change in number of members, for
23such term as is appropriate under this subsection.
24    (c) Members of the Advisory Council shall serve without
25compensation, except that the Department shall reimburse
26members for travel and per diem expenses associated with

 

 

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1participation in Advisory Council meetings and activities.
2Reimbursement shall be consistent with Illinois Department of
3Central Management Services rules, as approved by the
4Governor's Travel Control Board.
5(Source: P.A. 89-19, eff. 6-3-95.)
 
6    Section 35. The Department of Children and Family Services
7Statewide Youth Advisory Board Act is amended by changing
8Section 15 as follows:
 
9    (20 ILCS 527/15)
10    Sec. 15. Meetings.
11    (a) Regular meetings of the regional youth advisory boards
12shall be held monthly.
13    (b) Regular meetings of the Statewide Youth Advisory Board
14shall be held at least 5 times per year.
15    (c) The Director of the Department or the Director's his
16or her designee shall meet with the Statewide Youth Advisory
17Board at least quarterly in order to discuss the issues and
18concerns of youth in foster care.
19    (d) All meetings shall take place at locations, dates, and
20times determined by the Department or its designee in
21accordance with the bylaws for the Statewide Youth Advisory
22Board and the regional youth advisory boards.
23(Source: P.A. 98-806, eff. 1-1-15.)
 

 

 

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1    Section 40. The Interstate Compact on Adoption Act is
2amended by changing Section 5-35 as follows:
 
3    (45 ILCS 17/5-35)
4    Sec. 5-35. Medical assistance.
5    (a) A child with special needs who resides in this State
6and who is the subject of an adoption assistance agreement
7with another state shall be eligible for medical assistance
8from this State under Article V of the Illinois Public Aid Code
9upon the filing of agreed documentation obtained from the
10assistance state and filed with the Department of Healthcare
11and Family Services. The Department of Children and Family
12Services shall be required at least annually to establish that
13the agreement is still in force or has been renewed.
14    (b) If a child (i) is in another state, (ii) is covered by
15an adoption assistance agreement made by the Illinois
16Department of Children and Family Services, and (iii) was
17eligible for medical assistance under Article V of the
18Illinois Public Aid Code at the time the child he or she
19resided in this State and would continue to be eligible for
20that assistance if the child he or she was currently residing
21in this State, then that child is eligible for medical
22assistance under Article V of the Illinois Public Aid Code,
23but only for those medical assistance benefits under Article V
24that are not provided by the other state. There shall be no
25payment or reimbursement by this State for services or

 

 

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1benefits covered under any insurance or other third party
2medical contract or arrangement held by the child or the
3adoptive parents.
4    (c) The submission of any claim for payment or
5reimbursement for services or benefits pursuant to this
6Section or the making of any statement in connection
7therewith, which claim or statement the maker knows or should
8know to be false, misleading, or fraudulent, shall be
9punishable as perjury and shall also be subject to a fine not
10to exceed $10,000 or imprisonment for not to exceed 2 years, or
11both.
12    (d) The provisions of this Section shall apply only to
13medical assistance for children under adoption assistance
14agreements from states that have entered into a compact with
15this State under which the other state provided medical
16assistance to children with special needs under adoption
17assistance agreements made by this State.
18    (e) The Illinois Department of Children and Family
19Services and the Department of Healthcare and Family Services
20may adopt all rules necessary to implement this Section.
21(Source: P.A. 95-331, eff. 8-21-07.)
 
22    Section 45. The Child Care Act of 1969 is amended by
23changing Sections 2.24, 3.3, 4.1, 4.2, 5.1, 5.3, 7, 7.2, 7.3,
247.4, 7.6, 7.7, 9, 9.1b, 12, 14.5, 14.7, and 18 as follows:
 

 

 

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1    (225 ILCS 10/2.24)
2    Sec. 2.24. "Adoption services" includes any one or more of
3the following services performed for any type of compensation
4or thing of value, directly or indirectly: (i) arranging for
5the placement of or placing out a child, (ii) identifying a
6child for adoption, (iii) matching adoptive parents with birth
7biological parents, (iv) arranging or facilitating an
8adoption, (v) taking or acknowledging consents or surrenders
9for termination of parental rights for purposes of adoption,
10as defined in the Adoption Act, (vi) performing background
11studies on a child or adoptive parents, (vii) making
12determinations of the best interests of a child and the
13appropriateness of adoptive placement for the child, or (viii)
14post-placement monitoring of a child prior to adoption.
15"Adoption services" does not include the following: (1) the
16provision of legal services by a licensed attorney for which
17the attorney must be licensed as an attorney under Illinois
18law, (2) adoption-related services performed by public
19governmental entities or entities or persons performing
20investigations by court appointment as described in subsection
21A of Section 6 of the Adoption Act, (3) prospective birth
22biological parents or adoptive parents operating on their own
23behalf, (4) the provision of general education and training on
24adoption-related topics, or (5) post-adoption services,
25including supportive services to families to promote the
26well-being of members of adoptive families or birth families.

 

 

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1(Source: P.A. 94-586, eff. 8-15-05.)
 
2    (225 ILCS 10/3.3)
3    Sec. 3.3. Requirements for criminal background checks for
4adoption-only homes. In approving an adoption-only home
5pursuant to Section 3.2 of this Act, if an adult resident has
6an arrest or conviction record, the licensed child welfare
7agency:
8        (1) shall thoroughly investigate and evaluate the
9    criminal history of the resident and, in so doing, include
10    an assessment of the applicant's character and, in the
11    case of the prospective adoptive parent, the impact that
12    the criminal history has on the prospective adoptive
13    parent's his or her ability to parent the child; the
14    investigation should consider the type of crime, the
15    number of crimes, the nature of the offense, the age at
16    time of crime, the length of time that has elapsed since
17    the last conviction, the relationship of the crime to the
18    ability to care for children, and any evidence of
19    rehabilitation;
20        (2) shall not approve the home if the record reveals a
21    felony conviction for crimes against a child, including,
22    but not limited to, child abuse or neglect, child
23    pornography, rape, sexual assault, or homicide;
24        (3) shall not approve the home if the record reveals a
25    felony conviction within the last 5 years, including, but

 

 

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1    not limited to, for physical assault, battery,
2    drug-related offenses, or spousal abuse; and
3        (4) shall not approve the home if the record reveals a
4    felony conviction for homicide, rape, or sexual assault.
5(Source: P.A. 99-833, eff. 1-1-17.)
 
6    (225 ILCS 10/4.1)  (from Ch. 23, par. 2214.1)
7    Sec. 4.1. Criminal Background Investigations. The
8Department shall require that each child care facility license
9applicant as part of the application process, and each
10employee and volunteer of a child care facility or
11non-licensed service provider, as a condition of employment,
12authorize an investigation to determine if such applicant,
13employee, or volunteer has ever been charged with a crime and
14if so, the disposition of those charges; this authorization
15shall indicate the scope of the inquiry and the agencies which
16may be contacted. Upon this authorization, the Director shall
17request and receive information and assistance from any
18federal, State or local governmental agency as part of the
19authorized investigation. Each applicant, employee, or
20volunteer of a child care facility or non-licensed service
21provider shall submit the applicant's, employee's, or
22volunteer's his or her fingerprints to the Illinois State
23Police in the form and manner prescribed by the Illinois State
24Police. These fingerprints shall be checked against the
25fingerprint records now and hereafter filed in the Illinois

 

 

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1State Police and Federal Bureau of Investigation criminal
2history records databases. The Illinois State Police shall
3charge a fee for conducting the criminal history records
4check, which shall be deposited in the State Police Services
5Fund and shall not exceed the actual cost of the records check.
6The Illinois State Police shall provide information concerning
7any criminal charges, and their disposition, now or hereafter
8filed, against an applicant, employee, or volunteer of a child
9care facility or non-licensed service provider upon request of
10the Department of Children and Family Services when the
11request is made in the form and manner required by the Illinois
12State Police.
13    Information concerning convictions of a license applicant,
14employee, or volunteer of a child care facility or
15non-licensed service provider investigated under this Section,
16including the source of the information and any conclusions or
17recommendations derived from the information, shall be
18provided, upon request, to such applicant, employee, or
19volunteer of a child care facility or non-licensed service
20provider prior to final action by the Department on the
21application. State conviction information provided by the
22Illinois State Police regarding employees, prospective
23employees, or volunteers of non-licensed service providers and
24child care facilities licensed under this Act shall be
25provided to the operator of such facility, and, upon request,
26to the employee, prospective employee, or volunteer of a child

 

 

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1care facility or non-licensed service provider. Any
2information concerning criminal charges and the disposition of
3such charges obtained by the Department shall be confidential
4and may not be transmitted outside the Department, except as
5required herein, and may not be transmitted to anyone within
6the Department except as needed for the purpose of evaluating
7an application or an employee or volunteer of a child care
8facility or non-licensed service provider. Only information
9and standards which bear a reasonable and rational relation to
10the performance of a child care facility shall be used by the
11Department or any licensee. Any employee of the Department of
12Children and Family Services, Illinois State Police, or a
13child care facility receiving confidential information under
14this Section who gives or causes to be given any confidential
15information concerning any criminal convictions of an
16applicant, employee, or volunteer of a child care facility or
17non-licensed service provider, shall be guilty of a Class A
18misdemeanor unless release of such information is authorized
19by this Section.
20    A child care facility may hire, on a probationary basis,
21any employee or volunteer of a child care facility or
22non-licensed service provider authorizing a criminal
23background investigation under this Section, pending the
24result of such investigation. Employees and volunteers of a
25child care facility or non-licensed service provider shall be
26notified prior to hiring that such employment may be

 

 

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1terminated on the basis of criminal background information
2obtained by the facility.
3(Source: P.A. 102-538, eff. 8-20-21.)
 
4    (225 ILCS 10/4.2)  (from Ch. 23, par. 2214.2)
5    Sec. 4.2. (a) No applicant may receive a license from the
6Department and no person may be employed by a licensed child
7care facility who refuses to authorize an investigation as
8required by Section 4.1.
9    (b) In addition to the other provisions of this Section,
10no applicant may receive a license from the Department and no
11person may be employed by a child care facility licensed by the
12Department who has been declared a sexually dangerous person
13under the Sexually Dangerous Persons Act "An Act in relation
14to sexually dangerous persons, and providing for their
15commitment, detention and supervision", approved July 6, 1938,
16as amended, or convicted of committing or attempting to commit
17any of the following offenses stipulated under the Criminal
18Code of 1961 or the Criminal Code of 2012:
19        (1) murder;
20        (1.1) solicitation of murder;
21        (1.2) solicitation of murder for hire;
22        (1.3) intentional homicide of an unborn child;
23        (1.4) voluntary manslaughter of an unborn child;
24        (1.5) involuntary manslaughter;
25        (1.6) reckless homicide;

 

 

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1        (1.7) concealment of a homicidal death;
2        (1.8) involuntary manslaughter of an unborn child;
3        (1.9) reckless homicide of an unborn child;
4        (1.10) drug-induced homicide;
5        (2) a sex offense under Article 11, except offenses
6    described in Sections 11-7, 11-8, 11-12, 11-13, 11-35,
7    11-40, and 11-45;
8        (3) kidnapping;
9        (3.1) aggravated unlawful restraint;
10        (3.2) forcible detention;
11        (3.3) harboring a runaway;
12        (3.4) aiding and abetting child abduction;
13        (4) aggravated kidnapping;
14        (5) child abduction;
15        (6) aggravated battery of a child as described in
16    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
17        (7) criminal sexual assault;
18        (8) aggravated criminal sexual assault;
19        (8.1) predatory criminal sexual assault of a child;
20        (9) criminal sexual abuse;
21        (10) aggravated sexual abuse;
22        (11) heinous battery as described in Section 12-4.1 or
23    subdivision (a)(2) of Section 12-3.05;
24        (12) aggravated battery with a firearm as described in
25    Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
26    (e)(4) of Section 12-3.05;

 

 

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1        (13) tampering with food, drugs, or cosmetics;
2        (14) drug induced infliction of great bodily harm as
3    described in Section 12-4.7 or subdivision (g)(1) of
4    Section 12-3.05;
5        (15) hate crime;
6        (16) stalking;
7        (17) aggravated stalking;
8        (18) threatening public officials;
9        (19) home invasion;
10        (20) vehicular invasion;
11        (21) criminal transmission of HIV;
12        (22) criminal abuse or neglect of an elderly person or
13    person with a disability as described in Section 12-21 or
14    subsection (e) of Section 12-4.4a;
15        (23) child abandonment;
16        (24) endangering the life or health of a child;
17        (25) ritual mutilation;
18        (26) ritualized abuse of a child;
19        (27) an offense in any other jurisdiction the elements
20    of which are similar and bear a substantial relationship
21    to any of the foregoing offenses.
22    (b-1) In addition to the other provisions of this Section,
23beginning January 1, 2004, no new applicant and, on the date of
24licensure renewal, no current licensee may operate or receive
25a license from the Department to operate, no person may be
26employed by, and no adult person may reside in a child care

 

 

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1facility licensed by the Department who has been convicted of
2committing or attempting to commit any of the following
3offenses or an offense in any other jurisdiction the elements
4of which are similar and bear a substantial relationship to
5any of the following offenses:
 
6
(I) BODILY HARM

 
7        (1) Felony aggravated assault.
8        (2) Vehicular endangerment.
9        (3) Felony domestic battery.
10        (4) Aggravated battery.
11        (5) Heinous battery.
12        (6) Aggravated battery with a firearm.
13        (7) Aggravated battery of an unborn child.
14        (8) Aggravated battery of a senior citizen.
15        (9) Intimidation.
16        (10) Compelling organization membership of persons.
17        (11) Abuse and criminal neglect of a long term care
18    facility resident.
19        (12) Felony violation of an order of protection.
 
20
(II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY

 
21        (1) Felony unlawful use of weapons.
22        (2) Aggravated discharge of a firearm.

 

 

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1        (3) Reckless discharge of a firearm.
2        (4) Unlawful use of metal piercing bullets.
3        (5) Unlawful sale or delivery of firearms on the
4    premises of any school.
5        (6) Disarming a police officer.
6        (7) Obstructing justice.
7        (8) Concealing or aiding a fugitive.
8        (9) Armed violence.
9        (10) Felony contributing to the criminal delinquency
10    of a juvenile.
 
11
(III) DRUG OFFENSES

 
12        (1) Possession of more than 30 grams of cannabis.
13        (2) Manufacture of more than 10 grams of cannabis.
14        (3) Cannabis trafficking.
15        (4) Delivery of cannabis on school grounds.
16        (5) Unauthorized production of more than 5 cannabis
17    sativa plants.
18        (6) Calculated criminal cannabis conspiracy.
19        (7) Unauthorized manufacture or delivery of controlled
20    substances.
21        (8) Controlled substance trafficking.
22        (9) Manufacture, distribution, or advertisement of
23    look-alike substances.
24        (10) Calculated criminal drug conspiracy.

 

 

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1        (11) Street gang criminal drug conspiracy.
2        (12) Permitting unlawful use of a building.
3        (13) Delivery of controlled, counterfeit, or
4    look-alike substances to persons under age 18, or at truck
5    stops, rest stops, or safety rest areas, or on school
6    property.
7        (14) Using, engaging, or employing persons under 18 to
8    deliver controlled, counterfeit, or look-alike substances.
9        (15) Delivery of controlled substances.
10        (16) Sale or delivery of drug paraphernalia.
11        (17) Felony possession, sale, or exchange of
12    instruments adapted for use of a controlled substance,
13    methamphetamine, or cannabis by subcutaneous injection.
14        (18) Felony possession of a controlled substance.
15        (19) Any violation of the Methamphetamine Control and
16    Community Protection Act.
17    (b-1.5) In addition to any other provision of this
18Section, for applicants with access to confidential financial
19information or who submit documentation to support billing,
20the Department may, in its discretion, deny or refuse to renew
21a license to an applicant who has been convicted of committing
22or attempting to commit any of the following felony offenses:
23        (1) financial institution fraud under Section 17-10.6
24    of the Criminal Code of 1961 or the Criminal Code of 2012;
25        (2) identity theft under Section 16-30 of the Criminal
26    Code of 1961 or the Criminal Code of 2012;

 

 

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1        (3) financial exploitation of an elderly person or a
2    person with a disability under Section 17-56 of the
3    Criminal Code of 1961 or the Criminal Code of 2012;
4        (4) computer tampering under Section 17-51 of the
5    Criminal Code of 1961 or the Criminal Code of 2012;
6        (5) aggravated computer tampering under Section 17-52
7    of the Criminal Code of 1961 or the Criminal Code of 2012;
8        (6) computer fraud under Section 17-50 of the Criminal
9    Code of 1961 or the Criminal Code of 2012;
10        (7) deceptive practices under Section 17-1 of the
11    Criminal Code of 1961 or the Criminal Code of 2012;
12        (8) forgery under Section 17-3 of the Criminal Code of
13    1961 or the Criminal Code of 2012;
14        (9) State benefits fraud under Section 17-6 of the
15    Criminal Code of 1961 or the Criminal Code of 2012;
16        (10) mail fraud and wire fraud under Section 17-24 of
17    the Criminal Code of 1961 or the Criminal Code of 2012;
18        (11) theft under paragraphs (1.1) through (11) of
19    subsection (b) of Section 16-1 of the Criminal Code of
20    1961 or the Criminal Code of 2012.
21    (b-2) Notwithstanding subsection (b-1), the Department may
22make an exception and, for child care facilities other than
23foster family homes, issue a new child care facility license
24to or renew the existing child care facility license of an
25applicant, a person employed by a child care facility, or an
26applicant who has an adult residing in a home child care

 

 

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1facility who was convicted of an offense described in
2subsection (b-1), provided that all of the following
3requirements are met:
4        (1) The relevant criminal offense occurred more than 5
5    years prior to the date of application or renewal, except
6    for drug offenses. The relevant drug offense must have
7    occurred more than 10 years prior to the date of
8    application or renewal, unless the applicant passed a drug
9    test, arranged and paid for by the child care facility, no
10    less than 5 years after the offense.
11        (2) The Department must conduct a background check and
12    assess all convictions and recommendations of the child
13    care facility to determine if hiring or licensing the
14    applicant is in accordance with Department administrative
15    rules and procedures.
16        (3) The applicant meets all other requirements and
17    qualifications to be licensed as the pertinent type of
18    child care facility under this Act and the Department's
19    administrative rules.
20    (c) In addition to the other provisions of this Section,
21no applicant may receive a license from the Department to
22operate a foster family home, and no adult person may reside in
23a foster family home licensed by the Department, who has been
24convicted of committing or attempting to commit any of the
25following offenses stipulated under the Criminal Code of 1961,
26the Criminal Code of 2012, the Cannabis Control Act, the

 

 

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1Methamphetamine Control and Community Protection Act, and the
2Illinois Controlled Substances Act:
 
3
(I) OFFENSES DIRECTED AGAINST THE PERSON

 
4    (A) KIDNAPPING AND RELATED OFFENSES
5        (1) Unlawful restraint.
 
6    (B) BODILY HARM
7        (2) Felony aggravated assault.
8        (3) Vehicular endangerment.
9        (4) Felony domestic battery.
10        (5) Aggravated battery.
11        (6) Heinous battery.
12        (7) Aggravated battery with a firearm.
13        (8) Aggravated battery of an unborn child.
14        (9) Aggravated battery of a senior citizen.
15        (10) Intimidation.
16        (11) Compelling organization membership of persons.
17        (12) Abuse and criminal neglect of a long term care
18    facility resident.
19        (13) Felony violation of an order of protection.
 
20
(II) OFFENSES DIRECTED AGAINST PROPERTY

 
21        (14) Felony theft.

 

 

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1        (15) Robbery.
2        (16) Armed robbery.
3        (17) Aggravated robbery.
4        (18) Vehicular hijacking.
5        (19) Aggravated vehicular hijacking.
6        (20) Burglary.
7        (21) Possession of burglary tools.
8        (22) Residential burglary.
9        (23) Criminal fortification of a residence or
10    building.
11        (24) Arson.
12        (25) Aggravated arson.
13        (26) Possession of explosive or explosive incendiary
14    devices.
 
15
(III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY

 
16        (27) Felony unlawful use of weapons.
17        (28) Aggravated discharge of a firearm.
18        (29) Reckless discharge of a firearm.
19        (30) Unlawful use of metal piercing bullets.
20        (31) Unlawful sale or delivery of firearms on the
21    premises of any school.
22        (32) Disarming a police officer.
23        (33) Obstructing justice.
24        (34) Concealing or aiding a fugitive.

 

 

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1        (35) Armed violence.
2        (36) Felony contributing to the criminal delinquency
3    of a juvenile.
 
4
(IV) DRUG OFFENSES

 
5        (37) Possession of more than 30 grams of cannabis.
6        (38) Manufacture of more than 10 grams of cannabis.
7        (39) Cannabis trafficking.
8        (40) Delivery of cannabis on school grounds.
9        (41) Unauthorized production of more than 5 cannabis
10    sativa plants.
11        (42) Calculated criminal cannabis conspiracy.
12        (43) Unauthorized manufacture or delivery of
13    controlled substances.
14        (44) Controlled substance trafficking.
15        (45) Manufacture, distribution, or advertisement of
16    look-alike substances.
17        (46) Calculated criminal drug conspiracy.
18        (46.5) Streetgang criminal drug conspiracy.
19        (47) Permitting unlawful use of a building.
20        (48) Delivery of controlled, counterfeit, or
21    look-alike substances to persons under age 18, or at truck
22    stops, rest stops, or safety rest areas, or on school
23    property.
24        (49) Using, engaging, or employing persons under 18 to

 

 

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1    deliver controlled, counterfeit, or look-alike substances.
2        (50) Delivery of controlled substances.
3        (51) Sale or delivery of drug paraphernalia.
4        (52) Felony possession, sale, or exchange of
5    instruments adapted for use of a controlled substance,
6    methamphetamine, or cannabis by subcutaneous injection.
7        (53) Any violation of the Methamphetamine Control and
8    Community Protection Act.
9    (d) Notwithstanding subsection (c), the Department may
10make an exception and issue a new foster family home license or
11may renew an existing foster family home license of an
12applicant who was convicted of an offense described in
13subsection (c), provided all of the following requirements are
14met:
15        (1) The relevant criminal offense or offenses occurred
16    more than 10 years prior to the date of application or
17    renewal.
18        (2) The applicant had previously disclosed the
19    conviction or convictions to the Department for purposes
20    of a background check.
21        (3) After the disclosure, the Department either placed
22    a child in the home or the foster family home license was
23    issued.
24        (4) During the background check, the Department had
25    assessed and waived the conviction in compliance with the
26    existing statutes and rules in effect at the time of the

 

 

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1    hire or licensure.
2        (5) The applicant meets all other requirements and
3    qualifications to be licensed as a foster family home
4    under this Act and the Department's administrative rules.
5        (6) The applicant has a history of providing a safe,
6    stable home environment and appears able to continue to
7    provide a safe, stable home environment.
8    (e) In evaluating the exception pursuant to subsections
9(b-2) and (d), the Department must carefully review any
10relevant documents to determine whether the applicant, despite
11the disqualifying convictions, poses a substantial risk to
12State resources or clients. In making such a determination,
13the following guidelines shall be used:
14        (1) the age of the applicant when the offense was
15    committed;
16        (2) the circumstances surrounding the offense;
17        (3) the length of time since the conviction;
18        (4) the specific duties and responsibilities
19    necessarily related to the license being applied for and
20    the bearing, if any, that the applicant's conviction
21    history may have on the applicant's his or her fitness to
22    perform these duties and responsibilities;
23        (5) the applicant's employment references;
24        (6) the applicant's character references and any
25    certificates of achievement;
26        (7) an academic transcript showing educational

 

 

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1    attainment since the disqualifying conviction;
2        (8) a Certificate of Relief from Disabilities or
3    Certificate of Good Conduct; and
4        (9) anything else that speaks to the applicant's
5    character.
6(Source: P.A. 101-112, eff. 7-19-19.)
 
7    (225 ILCS 10/5.1)  (from Ch. 23, par. 2215.1)
8    Sec. 5.1. (a) The Department shall ensure that no day care
9center, group home or child care institution as defined in
10this Act shall on a regular basis transport a child or children
11with any motor vehicle unless such vehicle is operated by a
12person who complies with the following requirements:
13        1. is 21 years of age or older;
14        2. currently holds a valid driver's license, which has
15    not been revoked or suspended for one or more traffic
16    violations during the 3 years immediately prior to the
17    date of application;
18        3. demonstrates physical fitness to operate vehicles
19    by submitting the results of a medical examination
20    conducted by a licensed physician;
21        4. has not been convicted of more than 2 offenses
22    against traffic regulations governing the movement of
23    vehicles within a twelve month period;
24        5. has not been convicted of reckless driving or
25    driving under the influence or manslaughter or reckless

 

 

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1    homicide resulting from the operation of a motor vehicle
2    within the past 3 years;
3        6. has signed and submitted a written statement
4    certifying that the person he has not, through the
5    unlawful operation of a motor vehicle, caused an accident
6    which resulted in the death of any person within the 5
7    years immediately prior to the date of application.
8    However, such day care centers, group homes and child care
9institutions may provide for transportation of a child or
10children for special outings, functions or purposes that are
11not scheduled on a regular basis without verification that
12drivers for such purposes meet the requirements of this
13Section.
14    (a-5) As a means of ensuring compliance with the
15requirements set forth in subsection (a), the Department shall
16implement appropriate measures to verify that every individual
17who is employed at a group home or child care institution meets
18those requirements.
19    For every person individual employed at a group home or
20child care institution who regularly transports children in
21the course of performing the person's his or her duties, the
22Department must make the verification every 2 years. Upon the
23Department's request, the Secretary of State shall provide the
24Department with the information necessary to enable the
25Department to make the verifications required under subsection
26(a).

 

 

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1    In the case of an individual employed at a group home or
2child care institution who becomes subject to subsection (a)
3for the first time after the effective date of this amendatory
4Act of the 94th General Assembly, the Department must make
5that verification with the Secretary of State before the
6individual operates a motor vehicle to transport a child or
7children under the circumstances described in subsection (a).
8    In the case of an individual employed at a group home or
9child care institution who is subject to subsection (a) on the
10effective date of this amendatory Act of the 94th General
11Assembly, the Department must make that verification with the
12Secretary of State within 30 days after that effective date.
13    If the Department discovers that an individual fails to
14meet the requirements set forth in subsection (a), the
15Department shall promptly notify the appropriate group home or
16child care institution.
17    (b) Any individual who holds a valid Illinois school bus
18driver permit issued by the Secretary of State pursuant to The
19Illinois Vehicle Code, and who is currently employed by a
20school district or parochial school, or by a contractor with a
21school district or parochial school, to drive a school bus
22transporting children to and from school, shall be deemed in
23compliance with the requirements of subsection (a).
24    (c) The Department may, pursuant to Section 8 of this Act,
25revoke the license of any day care center, group home or child
26care institution that fails to meet the requirements of this

 

 

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1Section.
2    (d) A group home or child care institution that fails to
3meet the requirements of this Section is guilty of a petty
4offense and is subject to a fine of not more than $1,000. Each
5day that a group home or child care institution fails to meet
6the requirements of this Section is a separate offense.
7(Source: P.A. 94-943, eff. 1-1-07.)
 
8    (225 ILCS 10/5.3)
9    Sec. 5.3. Lunches in day care homes. In order to increase
10the affordability and availability of day care, a day care
11home licensed under this Act may allow any child it receives to
12bring the child's his or her lunch for consumption instead of
13or in addition to the lunch provided by the day care home.
14(Source: P.A. 90-242, eff. 1-1-98.)
 
15    (225 ILCS 10/7)  (from Ch. 23, par. 2217)
16    Sec. 7. (a) The Department must prescribe and publish
17minimum standards for licensing that apply to the various
18types of facilities for child care defined in this Act and that
19are equally applicable to like institutions under the control
20of the Department and to foster family homes used by and under
21the direct supervision of the Department. The Department shall
22seek the advice and assistance of persons representative of
23the various types of child care facilities in establishing
24such standards. The standards prescribed and published under

 

 

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1this Act take effect as provided in the Illinois
2Administrative Procedure Act, and are restricted to
3regulations pertaining to the following matters and to any
4rules and regulations required or permitted by any other
5Section of this Act:
6        (1) The operation and conduct of the facility and
7    responsibility it assumes for child care;
8        (2) The character, suitability and qualifications of
9    the applicant and other persons directly responsible for
10    the care and welfare of children served. All child day
11    care center licensees and employees who are required to
12    report child abuse or neglect under the Abused and
13    Neglected Child Reporting Act shall be required to attend
14    training on recognizing child abuse and neglect, as
15    prescribed by Department rules;
16        (3) The general financial ability and competence of
17    the applicant to provide necessary care for children and
18    to maintain prescribed standards;
19        (4) The number of individuals or staff required to
20    insure adequate supervision and care of the children
21    received. The standards shall provide that each child care
22    institution, maternity center, day care center, group
23    home, day care home, and group day care home shall have on
24    its premises during its hours of operation at least one
25    staff member certified in first aid, in the Heimlich
26    maneuver and in cardiopulmonary resuscitation by the

 

 

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1    American Red Cross or other organization approved by rule
2    of the Department. Child welfare agencies shall not be
3    subject to such a staffing requirement. The Department may
4    offer, or arrange for the offering, on a periodic basis in
5    each community in this State in cooperation with the
6    American Red Cross, the American Heart Association or
7    other appropriate organization, voluntary programs to
8    train operators of foster family homes and day care homes
9    in first aid and cardiopulmonary resuscitation;
10        (5) The appropriateness, safety, cleanliness, and
11    general adequacy of the premises, including maintenance of
12    adequate fire prevention and health standards conforming
13    to State laws and municipal codes to provide for the
14    physical comfort, care, and well-being of children
15    received;
16        (6) Provisions for food, clothing, educational
17    opportunities, program, equipment and individual supplies
18    to assure the healthy physical, mental, and spiritual
19    development of children served;
20        (7) Provisions to safeguard the legal rights of
21    children served;
22        (8) Maintenance of records pertaining to the
23    admission, progress, health, and discharge of children,
24    including, for day care centers and day care homes,
25    records indicating each child has been immunized as
26    required by State regulations. The Department shall

 

 

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1    require proof that children enrolled in a facility have
2    been immunized against Haemophilus Influenzae B (HIB);
3        (9) Filing of reports with the Department;
4        (10) Discipline of children;
5        (11) Protection and fostering of the particular
6    religious faith of the children served;
7        (12) Provisions prohibiting firearms on day care
8    center premises except in the possession of peace
9    officers;
10        (13) Provisions prohibiting handguns on day care home
11    premises except in the possession of peace officers or
12    other adults who must possess a handgun as a condition of
13    employment and who reside on the premises of a day care
14    home;
15        (14) Provisions requiring that any firearm permitted
16    on day care home premises, except handguns in the
17    possession of peace officers, shall be kept in a
18    disassembled state, without ammunition, in locked storage,
19    inaccessible to children and that ammunition permitted on
20    day care home premises shall be kept in locked storage
21    separate from that of disassembled firearms, inaccessible
22    to children;
23        (15) Provisions requiring notification of parents or
24    guardians enrolling children at a day care home of the
25    presence in the day care home of any firearms and
26    ammunition and of the arrangements for the separate,

 

 

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1    locked storage of such firearms and ammunition;
2        (16) Provisions requiring all licensed child care
3    facility employees who care for newborns and infants to
4    complete training every 3 years on the nature of sudden
5    unexpected infant death (SUID), sudden infant death
6    syndrome (SIDS), and the safe sleep recommendations of the
7    American Academy of Pediatrics; and
8        (17) With respect to foster family homes, provisions
9    requiring the Department to review quality of care
10    concerns and to consider those concerns in determining
11    whether a foster family home is qualified to care for
12    children.
13    By July 1, 2022, all licensed day care home providers,
14licensed group day care home providers, and licensed day care
15center directors and classroom staff shall participate in at
16least one training that includes the topics of early childhood
17social emotional learning, infant and early childhood mental
18health, early childhood trauma, or adverse childhood
19experiences. Current licensed providers, directors, and
20classroom staff shall complete training by July 1, 2022 and
21shall participate in training that includes the above topics
22at least once every 3 years.
23    (b) If, in a facility for general child care, there are
24children diagnosed as mentally ill or children diagnosed as
25having an intellectual or physical disability, who are
26determined to be in need of special mental treatment or of

 

 

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1nursing care, or both mental treatment and nursing care, the
2Department shall seek the advice and recommendation of the
3Department of Human Services, the Department of Public Health,
4or both Departments regarding the residential treatment and
5nursing care provided by the institution.
6    (c) The Department shall investigate any person applying
7to be licensed as a foster parent to determine whether there is
8any evidence of current drug or alcohol abuse in the
9prospective foster family. The Department shall not license a
10person as a foster parent if drug or alcohol abuse has been
11identified in the foster family or if a reasonable suspicion
12of such abuse exists, except that the Department may grant a
13foster parent license to an applicant identified with an
14alcohol or drug problem if the applicant has successfully
15participated in an alcohol or drug treatment program,
16self-help group, or other suitable activities and if the
17Department determines that the foster family home can provide
18a safe, appropriate environment and meet the physical and
19emotional needs of children.
20    (d) The Department, in applying standards prescribed and
21published, as herein provided, shall offer consultation
22through employed staff or other qualified persons to assist
23applicants and licensees in meeting and maintaining minimum
24requirements for a license and to help them otherwise to
25achieve programs of excellence related to the care of children
26served. Such consultation shall include providing information

 

 

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1concerning education and training in early childhood
2development to providers of day care home services. The
3Department may provide or arrange for such education and
4training for those providers who request such assistance.
5    (e) The Department shall distribute copies of licensing
6standards to all licensees and applicants for a license. Each
7licensee or holder of a permit shall distribute copies of the
8appropriate licensing standards and any other information
9required by the Department to child care facilities under its
10supervision. Each licensee or holder of a permit shall
11maintain appropriate documentation of the distribution of the
12standards. Such documentation shall be part of the records of
13the facility and subject to inspection by authorized
14representatives of the Department.
15    (f) The Department shall prepare summaries of day care
16licensing standards. Each licensee or holder of a permit for a
17day care facility shall distribute a copy of the appropriate
18summary and any other information required by the Department,
19to the legal guardian of each child cared for in that facility
20at the time when the child is enrolled or initially placed in
21the facility. The licensee or holder of a permit for a day care
22facility shall secure appropriate documentation of the
23distribution of the summary and brochure. Such documentation
24shall be a part of the records of the facility and subject to
25inspection by an authorized representative of the Department.
26    (g) The Department shall distribute to each licensee and

 

 

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1holder of a permit copies of the licensing or permit standards
2applicable to such person's facility. Each licensee or holder
3of a permit shall make available by posting at all times in a
4common or otherwise accessible area a complete and current set
5of licensing standards in order that all employees of the
6facility may have unrestricted access to such standards. All
7employees of the facility shall have reviewed the standards
8and any subsequent changes. Each licensee or holder of a
9permit shall maintain appropriate documentation of the current
10review of licensing standards by all employees. Such records
11shall be part of the records of the facility and subject to
12inspection by authorized representatives of the Department.
13    (h) Any standards involving physical examinations,
14immunization, or medical treatment shall include appropriate
15exemptions for children whose parents object thereto on the
16grounds that they conflict with the tenets and practices of a
17recognized church or religious organization, of which the
18parent is an adherent or member, and for children who should
19not be subjected to immunization for clinical reasons.
20    (i) The Department, in cooperation with the Department of
21Public Health, shall work to increase immunization awareness
22and participation among parents of children enrolled in day
23care centers and day care homes by publishing on the
24Department's website information about the benefits of
25immunization against vaccine preventable diseases, including
26influenza and pertussis. The information for vaccine

 

 

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1preventable diseases shall include the incidence and severity
2of the diseases, the availability of vaccines, and the
3importance of immunizing children and persons who frequently
4have close contact with children. The website content shall be
5reviewed annually in collaboration with the Department of
6Public Health to reflect the most current recommendations of
7the Advisory Committee on Immunization Practices (ACIP). The
8Department shall work with day care centers and day care homes
9licensed under this Act to ensure that the information is
10annually distributed to parents in August or September.
11    (j) Any standard adopted by the Department that requires
12an applicant for a license to operate a day care home to
13include a copy of a high school diploma or equivalent
14certificate with the person's his or her application shall be
15deemed to be satisfied if the applicant includes a copy of a
16high school diploma or equivalent certificate or a copy of a
17degree from an accredited institution of higher education or
18vocational institution or equivalent certificate.
19(Source: P.A. 102-4, eff. 4-27-21.)
 
20    (225 ILCS 10/7.2)  (from Ch. 23, par. 2217.2)
21    Sec. 7.2. Employer discrimination. (a) For purposes of
22this Section, "employer" means a licensee or holder of a
23permit subject to this Act. "Employee" means an employee of
24such an employer.
25    (b) No employer shall discharge, demote or suspend, or

 

 

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1threaten to discharge, demote or suspend, or in any manner
2discriminate against any employee who:
3    (1) Makes any good faith oral or written complaint of any
4employer's violation of any licensing or other laws (including
5but not limited to laws concerning child abuse or the
6transportation of children) which may result in closure of the
7facility pursuant to Section 11.2 of this Act to the
8Department or other agency having statutory responsibility for
9the enforcement of such laws or to the employer or
10representative of the employer;
11    (2) Institutes or causes to be instituted against any
12employer any proceeding concerning the violation of any
13licensing or other laws, including a proceeding to revoke or
14to refuse to renew a license under Section 9 of this Act;
15    (3) Is or will be a witness or testify in any proceeding
16concerning the violation of any licensing or other laws,
17including a proceeding to revoke or to refuse to renew a
18license under Section 9 of this Act; or
19    (4) Refuses to perform work in violation of a licensing or
20other law or regulation after notifying the employer of the
21violation.
22    (c)(1) A claim by an employee alleging an employer's
23violation of subsection (b) of this Section shall be presented
24to the employer within 30 days after the date of the action
25complained of and shall be filed with the Department of Labor
26within 60 days after the date of the action complained of.

 

 

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1    (2) Upon receipt of the complaint, the Department of Labor
2shall conduct whatever investigation it deems appropriate, and
3may hold a hearing. After investigation or hearing, the
4Department of Labor shall determine whether the employer has
5violated subsection (b) of this Section and it shall notify
6the employer and the employee of its determination.
7    (3) If the Department of Labor determines that the
8employer has violated subsection (b) of this Section, and the
9employer refuses to take remedial action to comply with the
10determination, the Department of Labor shall so notify the
11Attorney General, who shall bring an action against the
12employer in the circuit court seeking enforcement of its
13determination. The court may order any appropriate relief,
14including rehiring and reinstatement of the employee to the
15person's his or her former position with backpay and other
16benefits.
17    (d) Except for any grievance procedure, arbitration or
18hearing which is available to the employee pursuant to a
19collective bargaining agreement, this Section shall be the
20exclusive remedy for an employee complaining of any action
21described in subsection (b).
22    (e) Any employer who willfully wilfully refuses to rehire,
23promote or otherwise restore an employee or former employee
24who has been determined eligible for rehiring or promotion as
25a result of any grievance procedure, arbitration or hearing
26authorized by law shall be guilty of a Class A misdemeanor.

 

 

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1(Source: P.A. 85-987.)
 
2    (225 ILCS 10/7.3)
3    Sec. 7.3. Children placed by private child welfare agency.
4    (a) Before placing a child who is a youth in care in a
5foster family home, a private child welfare agency must
6ascertain (i) whether any other children who are youth in care
7have been placed in that home and (ii) whether every such child
8who has been placed in that home continues to reside in that
9home, unless the child has been transferred to another
10placement or is no longer a youth in care. The agency must keep
11a record of every other child welfare agency that has placed
12such a child in that foster family home; the record must
13include the name and telephone number of a contact person at
14each such agency.
15    (b) At least once every 30 days, a private child welfare
16agency that places youth in care in foster family homes must
17make a site visit to every such home where it has placed a
18youth in care. The purpose of the site visit is to verify that
19the child continues to reside in that home and to verify the
20child's safety and well-being. The agency must document the
21verification in its records. If a private child welfare agency
22fails to comply with the requirements of this subsection, the
23Department must suspend all payments to the agency until the
24agency complies.
25    (c) The Department must periodically (but no less often

 

 

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1than once every 6 months) review the child placement records
2of each private child welfare agency that places youth in
3care.
4    (d) If a child placed in a foster family home is missing,
5the foster parent must promptly report that fact to the
6Department or to the child welfare agency that placed the
7child in the home. If the foster parent fails to make such a
8report, the Department shall put the home on hold for the
9placement of other children and initiate corrective action
10that may include revocation of the foster parent's license to
11operate the foster family home. A foster parent who knowingly
12and willfully fails to report a missing foster child under
13this subsection is guilty of a Class A misdemeanor.
14    (e) If a private child welfare agency determines that a
15youth in care whom it has placed in a foster family home no
16longer resides in that home, the agency must promptly report
17that fact to the Department. If the agency fails to make such a
18report, the Department shall put the agency on hold for the
19placement of other children and initiate corrective action
20that may include revocation of the agency's license.
21    (f) When a child is missing from a foster home, the
22Department or private agency in charge of case management
23shall report regularly to the foster parent concerning efforts
24to locate the missing child.
25    (g) The Department must strive to account for the status
26and whereabouts of every one of its youth in care who it

 

 

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1determines is not residing in the authorized placement in
2which the youth he or she was placed.
3(Source: P.A. 100-159, eff. 8-18-17.)
 
4    (225 ILCS 10/7.4)
5    Sec. 7.4. Disclosures.
6    (a) Every licensed child welfare agency providing adoption
7services shall provide to all prospective clients and to the
8public written disclosures with respect to its adoption
9services, policies, and practices, including general
10eligibility criteria, fees, and the mutual rights and
11responsibilities of clients, including birth biological
12parents and adoptive parents. The written disclosure shall be
13posted on any website maintained by the child welfare agency
14that relates to adoption services. The Department shall adopt
15rules relating to the contents of the written disclosures.
16Eligible agencies may be deemed compliant with this subsection
17(a).
18    (b) Every licensed child welfare agency providing adoption
19services shall provide to all applicants, prior to
20application, a written schedule of estimated fees, expenses,
21and refund policies. Every child welfare agency providing
22adoption services shall have a written policy that shall be
23part of its standard adoption contract and state that it will
24not charge additional fees and expenses beyond those disclosed
25in the adoption contract unless additional fees are reasonably

 

 

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1required by the circumstances and are disclosed to the
2adoptive parents or parent before they are incurred. The
3Department shall adopt rules relating to the contents of the
4written schedule and policy. Eligible agencies may be deemed
5compliant with this subsection (b).
6    (c) Every licensed child welfare agency providing adoption
7services must make full and fair disclosure to its clients,
8including birth biological parents and adoptive parents, of
9all circumstances material to the placement of a child for
10adoption. The Department shall adopt rules necessary for the
11implementation and regulation of the requirements of this
12subsection (c).
13    (c-5) Whenever a licensed child welfare agency places a
14child in a licensed foster family home or an adoption-only
15home, the agency shall provide the following to the caretaker
16or prospective adoptive parent:
17        (1) Available detailed information concerning the
18    child's educational and health history, copies of
19    immunization records (including insurance and medical card
20    information), a history of the child's previous
21    placements, if any, and reasons for placement changes,
22    excluding any information that identifies or reveals the
23    location of any previous caretaker.
24        (2) A copy of the child's portion of the client
25    service plan, including any visitation arrangement, and
26    all amendments or revisions to it as related to the child.

 

 

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1        (3) Information containing details of the child's
2    individualized educational plan when the child is
3    receiving special education services.
4        (4) Any known social or behavioral information
5    (including, but not limited to, criminal background, fire
6    setting, perpetration of sexual abuse, destructive
7    behavior, and substance abuse) necessary to care for and
8    safeguard the child.
9    The agency may prepare a written summary of the
10information required by this subsection, which may be provided
11to the foster or prospective adoptive parent in advance of a
12placement. The foster or prospective adoptive parent may
13review the supporting documents in the child's file in the
14presence of casework staff. In the case of an emergency
15placement, casework staff shall at least provide information
16verbally, if necessary, and must subsequently provide the
17information in writing as required by this subsection. In the
18case of emergency placements when time does not allow prior
19review, preparation, and collection of written information,
20the agency shall provide such information as it becomes
21available.
22    The Department shall adopt rules necessary for the
23implementation and regulation of the requirements of this
24subsection (c-5).
25    (d) Every licensed child welfare agency providing adoption
26services shall meet minimum standards set forth by the

 

 

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1Department concerning the taking or acknowledging of a consent
2prior to taking or acknowledging a consent from a prospective
3birth biological parent. The Department shall adopt rules
4concerning the minimum standards required by agencies under
5this Section.
6(Source: P.A. 99-833, eff. 1-1-17.)
 
7    (225 ILCS 10/7.6)
8    Sec. 7.6. Annual report. Every licensed child welfare
9agency providing adoption services shall file an annual report
10with the Department and with the Attorney General on forms and
11on a date prescribed by the Department. The annual reports for
12the preceding 2 years must be made available, upon request, to
13the public by the Department and every licensed agency and
14must be included on the website of the Department. Each
15licensed agency that maintains a website shall provide the
16reports on its website. The annual report shall include all of
17the following matters and all other matters required by the
18Department:
19        (1) a balance sheet and a statement of income and
20    expenses for the year, certified by an independent public
21    accountant; for purposes of this item (1), the audit
22    report filed by an agency with the Department may be
23    included in the annual report and, if so, shall be
24    sufficient to comply with the requirement of this item
25    (1);

 

 

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1        (2) non-identifying information concerning the
2    placements made by the agency during the year, consisting
3    of the number of adoptive families in the process of
4    obtaining approval for an adoption-only home, the number
5    of adoptive families that are approved and awaiting
6    placement, the number of birth biological parents that the
7    agency is actively working with, the number of placements,
8    and the number of adoptions initiated during the year and
9    the status of each matter at the end of the year;
10        (3) any instance during the year in which the agency
11    lost the right to provide adoption services in any State
12    or country, had its license suspended for cause, or was
13    the subject of other sanctions by any court, governmental
14    agency, or governmental regulatory body relating to the
15    provision of adoption services;
16        (4) any actions related to licensure that were
17    initiated against the agency during the year by a
18    licensing or accrediting body;
19        (5) any pending investigations by federal or State
20    authorities;
21        (6) any criminal charges, child abuse charges,
22    malpractice complaints, or lawsuits against the agency or
23    any of its employees, officers, or directors related to
24    the provision of adoption services and the basis or
25    disposition of the actions;
26        (7) any instance in the year where the agency was

 

 

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1    found guilty of, or pled guilty to, any criminal or civil
2    or administrative violation under federal, State, or
3    foreign law that relates to the provision of adoption
4    services;
5        (8) any instance in the year where any employee,
6    officer, or director of the agency was found guilty of any
7    crime or was determined to have violated a civil law or
8    administrative rule under federal, State, or foreign law
9    relating to the provision of adoption services; and
10        (9) any civil or administrative proceeding instituted
11    by the agency during the year and relating to adoption
12    services, excluding uncontested adoption proceedings and
13    proceedings filed pursuant to Section 12a of the Adoption
14    Act.
15    Failure to disclose information required under this
16Section may result in the suspension of the agency's license
17for a period of 90 days. Subsequent violations may result in
18revocation of the license.
19    Information disclosed in accordance with this Section
20shall be subject to the applicable confidentiality
21requirements of this Act and the Adoption Act.
22(Source: P.A. 99-833, eff. 1-1-17.)
 
23    (225 ILCS 10/7.7)
24    Sec. 7.7. Certain waivers prohibited. Licensed child
25welfare agencies providing adoption services shall not require

 

 

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1birth biological or adoptive parents to sign any document that
2purports to waive claims against an agency for intentional or
3reckless acts or omissions or for gross negligence. Nothing in
4this Section shall require an agency to assume risks that are
5not within the reasonable control of the agency.
6(Source: P.A. 94-586, eff. 8-15-05.)
 
7    (225 ILCS 10/9)  (from Ch. 23, par. 2219)
8    Sec. 9. Prior to revocation or refusal to renew a license,
9the Department shall notify the licensee by registered mail
10with postage prepaid, at the address specified on the license,
11or at the address of the ranking or presiding officer of a
12board of directors, or any equivalent body conducting a child
13care facility, of the contemplated action and that the
14licensee may, within 10 days of such notification, dating from
15the postmark of the registered mail, request in writing a
16public hearing before the Department, and, at the same time,
17may request a written statement of charges from the
18Department.
19    (a) Upon written request by the licensee, the Department
20shall furnish such written statement of charges, and, at the
21same time, shall set the date and place for the hearing. The
22charges and notice of the hearing shall be delivered by
23registered mail with postage prepaid, and the hearing must be
24held within 30 days, dating from the date of the postmark of
25the registered mail, except that notification must be made at

 

 

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1least 15 days in advance of the date set for the hearing.
2    (b) If no request for a hearing is made within 10 days
3after notification, or if the Department determines, upon
4holding a hearing, that the license should be revoked or
5renewal denied, then the license shall be revoked or renewal
6denied.
7    (c) Upon the hearing of proceedings in which the license
8is revoked, renewal of license is refused or full license is
9denied, the Director of the Department, or any officer or
10employee duly authorized by the Director him in writing, may
11administer oaths and the Department may procure, by its
12subpoena, the attendance of witnesses and the production of
13relevant books and papers.
14    (d) At the time and place designated, the Director of the
15Department or the officer or employee authorized by the
16Director him in writing, shall hear the charges, and both the
17Department and the licensee shall be allowed to present in
18person or by counsel such statements, testimony and evidence
19as may be pertinent to the charges or to the defense thereto.
20The hearing officer may continue such hearing from time to
21time, but not to exceed a single period of 30 days, unless
22special extenuating circumstances make further continuance
23feasible.
24(Source: P.A. 83-1362.)
 
25    (225 ILCS 10/9.1b)

 

 

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1    Sec. 9.1b. Complaint procedures. All child welfare
2agencies providing adoption services shall be required by the
3Department to have complaint policies and procedures that
4shall be provided in writing to their prospective clients,
5including birth biological parents, adoptive parents, and
6adoptees that they have served, at the earliest time possible,
7and, in the case of birth biological and adoptive parents,
8prior to placement or prior to entering into any written
9contract with the clients. These complaint procedures must be
10filed with the Department within 6 months after the effective
11date of this amendatory Act of the 94th General Assembly.
12Failure to comply with this Section may result in the
13suspension of licensure for a period of 90 days. Subsequent
14violations may result in licensure revocation. The Department
15shall adopt rules that describe the complaint procedures
16required by each agency. These rules shall include without
17limitation prompt complaint response time, recording of the
18complaints, prohibition of agency retaliation against the
19person making the complaint, and agency reporting of all
20complaints to the Department in a timely manner. Any agency
21that maintains a website shall post the prescribed complaint
22procedures and its license number, as well as the statewide
23toll-free complaint registry telephone number, on its website.
24(Source: P.A. 94-586, eff. 8-15-05.)
 
25    (225 ILCS 10/12)  (from Ch. 23, par. 2222)

 

 

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1    Sec. 12. Advertisements.
2    (a) In this Section, "advertise" means communication by
3any public medium originating or distributed in this State,
4including, but not limited to, newspapers, periodicals,
5telephone book listings, outdoor advertising signs, radio, or
6television.
7    (b) A child care facility or child welfare agency licensed
8or operating under a permit issued by the Department may
9publish advertisements for the services that the facility is
10specifically licensed or issued a permit under this Act to
11provide. A person, group of persons, agency, association,
12organization, corporation, institution, center, or group who
13advertises or causes to be published any advertisement
14offering, soliciting, or promising to perform adoption
15services as defined in Section 2.24 of this Act is guilty of a
16Class A misdemeanor and shall be subject to a fine not to
17exceed $10,000 or 9 months imprisonment for each
18advertisement, unless that person, group of persons, agency,
19association, organization, corporation, institution, center,
20or group is (i) licensed or operating under a permit issued by
21the Department as a child care facility or child welfare
22agency, (ii) a birth biological parent or a prospective
23adoptive parent acting on the birth parent's or prospective
24adoptive parent's his or her own behalf, or (iii) a licensed
25attorney advertising the licensed attorney's his or her
26availability to provide legal services relating to adoption,

 

 

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1as permitted by law.
2    (c) Every advertisement published after the effective date
3of this amendatory Act of the 94th General Assembly shall
4include the Department-issued license number of the facility
5or agency.
6    (d) Any licensed child welfare agency providing adoption
7services that, after the effective date of this amendatory Act
8of the 94th General Assembly, causes to be published an
9advertisement containing reckless or intentional
10misrepresentations concerning adoption services or
11circumstances material to the placement of a child for
12adoption is guilty of a Class A misdemeanor and is subject to a
13fine not to exceed $10,000 or 9 months imprisonment for each
14advertisement.
15    (e) An out-of-state agency that is not licensed in
16Illinois and that has a written interagency agreement with one
17or more Illinois licensed child welfare agencies may advertise
18under this Section, provided that (i) the out-of-state agency
19must be officially recognized by the United States Internal
20Revenue Service as a tax-exempt organization under 501(c)(3)
21of the Internal Revenue Code of 1986 (or any successor
22provision of federal tax law), (ii) the out-of-state agency
23provides only international adoption services and is covered
24by the Intercountry Adoption Act of 2000, (iii) the
25out-of-state agency displays, in the advertisement, the
26license number of at least one of the Illinois licensed child

 

 

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1welfare agencies with which it has a written agreement, and
2(iv) the advertisements pertain only to international adoption
3services. Subsection (d) of this Section shall apply to any
4out-of-state agencies described in this subsection (e).
5    (f) An advertiser, publisher, or broadcaster, including,
6but not limited to, newspapers, periodicals, telephone book
7publishers, outdoor advertising signs, radio stations, or
8television stations, who knowingly or recklessly advertises or
9publishes any advertisement offering, soliciting, or promising
10to perform adoption services, as defined in Section 2.24 of
11this Act, on behalf of a person, group of persons, agency,
12association, organization, corporation, institution, center,
13or group, not authorized to advertise under subsection (b) or
14subsection (e) of this Section, is guilty of a Class A
15misdemeanor and is subject to a fine not to exceed $10,000 or 9
16months imprisonment for each advertisement.
17    (g) The Department shall maintain a website listing child
18welfare agencies licensed by the Department that provide
19adoption services and other general information for birth
20biological parents and adoptive parents. The website shall
21include, but not be limited to, agency addresses, phone
22numbers, e-mail addresses, website addresses, annual reports
23as referenced in Section 7.6 of this Act, agency license
24numbers, the Birth Parent Bill of Rights, the Adoptive Parents
25Bill of Rights, and the Department's complaint registry
26established under Section 9.1a of this Act. The Department

 

 

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1shall adopt any rules necessary to implement this Section.
2    (h) Nothing in this Act shall prohibit a day care agency,
3day care center, day care home, or group day care home that
4does not provide or perform adoption services, as defined in
5Section 2.24 of this Act, from advertising or marketing the
6day care agency, day care center, day care home, or group day
7care home.
8(Source: P.A. 100-406, eff. 1-1-18.)
 
9    (225 ILCS 10/14.5)
10    Sec. 14.5. Offering, providing, or co-signing a loan or
11other credit accommodation. No person or entity shall offer,
12provide, or co-sign a loan or other credit accommodation,
13directly or indirectly, with a birth biological parent or a
14relative of a birth biological parent based on the contingency
15of a surrender or placement of a child for adoption.
16(Source: P.A. 93-1063, eff. 6-1-05.)
 
17    (225 ILCS 10/14.7)
18    Sec. 14.7. Payments to birth biological parents.
19    (a) Payment of reasonable living expenses by a child
20welfare agency shall not obligate the birth biological parents
21to place the child for adoption. In the event that the birth
22biological parents choose not to place the child for adoption,
23the child welfare agency shall have no right to seek
24reimbursement from the birth biological parents, or from any

 

 

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1relative of the birth biological parents, of moneys paid to,
2or on behalf of, the birth biological parents, except as
3provided in subsection (b) of this Section.
4    (b) Notwithstanding subsection (a) of this Section, a
5child welfare agency may seek reimbursement of reasonable
6living expenses from a person who receives such payments only
7if the person who accepts payment of reasonable living
8expenses before the child's birth, as described in subsection
9(a) of this Section, knows that the person on whose behalf they
10are accepting payment is not pregnant at the time of the
11receipt of such payments or the person receives reimbursement
12for reasonable living expenses simultaneously from more than
13one child welfare agency without the agencies' knowledge.
14(Source: P.A. 94-586, eff. 8-15-05.)
 
15    (225 ILCS 10/18)  (from Ch. 23, par. 2228)
16    Sec. 18. Any person, group of persons, association or
17corporation who
18    (1) conducts, operates or acts as a child care facility
19without a license or permit to do so in violation of Section 3
20of this Act;
21    (2) makes materially false statements in order to obtain a
22license or permit;
23    (3) fails to keep the records and make the reports
24provided under this Act;
25    (4) advertises any service not authorized by license or

 

 

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1permit held;
2    (5) publishes any advertisement in violation of this Act;
3    (6) receives within this State any child in violation of
4Section 16 of this Act; or
5    (7) violates any other provision of this Act or any
6reasonable rule or regulation adopted and published by the
7Department for the enforcement of the provisions of this Act,
8is guilty of a Class A misdemeanor and in case of an
9association or corporation, imprisonment may be imposed upon
10its officers who knowingly participated in the violation.
11    Any child care facility that continues to operate after
12its license is revoked under Section 8 of this Act or after its
13license expires and the Department refused to renew the
14license as provided in Section 8 of this Act is guilty of a
15business offense and shall be fined an amount in excess of $500
16but not exceeding $10,000, and each day of violation is a
17separate offense.
18    In a prosecution under this Act, a defendant who relies
19upon the relationship of any child to the defendant himself
20has the burden of proof as to that relationship.
21(Source: P.A. 83-1362.)
 
22    Section 50. The Abandoned Newborn Infant Protection Act is
23amended by changing Sections 10, 15, 30, and 35 as follows:
 
24    (325 ILCS 2/10)

 

 

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1    Sec. 10. Definitions. In this Act:
2    "Abandon" has the same meaning as in the Abused and
3Neglected Child Reporting Act.
4    "Abused child" has the same meaning as in the Abused and
5Neglected Child Reporting Act.
6    "Child-placing agency" means a licensed public or private
7agency that receives a child for the purpose of placing or
8arranging for the placement of the child in a foster family
9home or other facility for child care, apart from the custody
10of the child's parents.
11    "Department" or "DCFS" means the Illinois Department of
12Children and Family Services.
13    "Emergency medical facility" means a freestanding
14emergency center or trauma center, as defined in the Emergency
15Medical Services (EMS) Systems Act.
16    "Emergency medical professional" includes licensed
17physicians, and any emergency medical technician, emergency
18medical technician-intermediate, advanced emergency medical
19technician, paramedic, trauma nurse specialist, and
20pre-hospital registered nurse, as defined in the Emergency
21Medical Services (EMS) Systems Act.
22    "Fire station" means a fire station within the State with
23at least one staff person.
24    "Hospital" has the same meaning as in the Hospital
25Licensing Act.
26    "Legal custody" means the relationship created by a court

 

 

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1order in the best interest of a newborn infant that imposes on
2the infant's custodian the responsibility of physical
3possession of the infant, the duty to protect, train, and
4discipline the infant, and the duty to provide the infant with
5food, shelter, education, and medical care, except as these
6are limited by parental rights and responsibilities.
7    "Neglected child" has the same meaning as in the Abused
8and Neglected Child Reporting Act.
9    "Newborn infant" means a child who a licensed physician
10reasonably believes is 30 days old or less at the time the
11child is initially relinquished to a hospital, police station,
12fire station, or emergency medical facility, and who is not an
13abused or a neglected child.
14    "Police station" means a municipal police station, a
15county sheriff's office, a campus police department located on
16any college or university owned or controlled by the State or
17any private college or private university that is not owned or
18controlled by the State when employees of the campus police
19department are present, or any of the district headquarters of
20the Illinois State Police.
21    "Relinquish" means to bring a newborn infant, who a
22licensed physician reasonably believes is 30 days old or less,
23to a hospital, police station, fire station, or emergency
24medical facility and to leave the infant with personnel of the
25facility, if the person leaving the infant does not express an
26intent to return for the infant or states that the person he or

 

 

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1she will not return for the infant. In the case of a person
2mother who gives birth to an infant in a hospital, the person's
3mother's act of leaving that newborn infant at the hospital
4(i) without expressing an intent to return for the infant or
5(ii) stating that the person she will not return for the infant
6is not a "relinquishment" under this Act.
7    "Temporary protective custody" means the temporary
8placement of a newborn infant within a hospital or other
9medical facility out of the custody of the infant's parent.
10(Source: P.A. 97-293, eff. 8-11-11; 98-973, eff. 8-15-14.)
 
11    (325 ILCS 2/15)
12    Sec. 15. Presumptions.
13    (a) There is a presumption that by relinquishing a newborn
14infant in accordance with this Act, the infant's parent
15consents to the termination of the parent's his or her
16parental rights with respect to the infant.
17    (b) There is a presumption that a person relinquishing a
18newborn infant in accordance with this Act:
19        (1) is the newborn infant's birth biological parent;
20    and
21        (2) either without expressing an intent to return for
22    the infant or expressing an intent not to return for the
23    infant, did intend to relinquish the infant to the
24    hospital, police station, fire station, or emergency
25    medical facility to treat, care for, and provide for the

 

 

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1    infant in accordance with this Act.
2    (c) A parent of a relinquished newborn infant may rebut
3the presumption set forth in either subsection (a) or
4subsection (b) pursuant to Section 55, at any time before the
5termination of the parent's parental rights.
6(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01;
793-820, eff. 7-27-04.)
 
8    (325 ILCS 2/30)
9    Sec. 30. Anonymity of relinquishing person. If there is
10no evidence of abuse or neglect of a relinquished newborn
11infant, the relinquishing person has the right to remain
12anonymous and to leave the hospital, police station, fire
13station, or emergency medical facility at any time and not be
14pursued or followed. Before the relinquishing person leaves
15the hospital, police station, fire station, or emergency
16medical facility, the hospital, police station, fire station,
17or emergency medical facility personnel shall (i) verbally
18inform the relinquishing person that by relinquishing the
19child anonymously, the relinquishing person he or she will
20have to petition the court if the relinquishing person he or
21she desires to prevent the termination of parental rights and
22regain custody of the child and (ii) shall offer the
23relinquishing person the information packet described in
24Section 35 of this Act. However, nothing in this Act shall be
25construed as precluding the relinquishing person from

 

 

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1providing the relinquishing person's his or her identity or
2completing the application forms for the Illinois Adoption
3Registry and Medical Information Exchange and requesting that
4the hospital, police station, fire station, or emergency
5medical facility forward those forms to the Illinois Adoption
6Registry and Medical Information Exchange.
7(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01;
893-820, eff. 7-27-04.)
 
9    (325 ILCS 2/35)
10    Sec. 35. Information for relinquishing person.
11    (a) A hospital, police station, fire station, or emergency
12medical facility that receives a newborn infant relinquished
13in accordance with this Act must offer an information packet
14to the relinquishing person and, if possible, must clearly
15inform the relinquishing person that the relinquishing
16person's his or her acceptance of the information is
17completely voluntary. The information packet must include all
18of the following:
19        (1) (Blank).
20        (2) Written notice of the following:
21            (A) No sooner than 60 days following the date of
22        the initial relinquishment of the infant to a
23        hospital, police station, fire station, or emergency
24        medical facility, the child-placing agency or the
25        Department will commence proceedings for the

 

 

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1        termination of parental rights and placement of the
2        infant for adoption.
3            (B) Failure of a parent of the infant to contact
4        the Department and petition for the return of custody
5        of the infant before termination of parental rights
6        bars any future action asserting legal rights with
7        respect to the infant.
8        (3) A resource list of providers of counseling
9    services including grief counseling, pregnancy counseling,
10    and counseling regarding adoption and other available
11    options for placement of the infant.
12    Upon request of a parent, the Department of Public Health
13shall provide the application forms for the Illinois Adoption
14Registry and Medical Information Exchange.
15    (b) The information packet given to a relinquishing parent
16in accordance with this Act shall include, in addition to
17other information required under this Act, the following:
18        (1) A brochure (with a self-mailer attached) that
19    describes this Act and the rights of birth parents,
20    including an optional section for the parent to complete
21    and mail to the Department of Children and Family
22    Services, that shall ask for basic anonymous background
23    information about the relinquished child. This brochure
24    shall be maintained by the Department on its website.
25        (2) A brochure that describes the Illinois Adoption
26    Registry, including a toll-free number and website

 

 

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1    information. This brochure shall be maintained on the
2    Office of Vital Records website.
3        (3) A brochure describing postpartum health
4    information for the mother.
5    The information packet shall be designed in coordination
6between the Office of Vital Records and the Department of
7Children and Family Services, with the exception of the
8resource list of providers of counseling services and adoption
9agencies, which shall be provided by the hospital, fire
10station, police station, sheriff's office, or emergency
11medical facility.
12(Source: P.A. 96-1114, eff. 7-20-10; 97-333, eff. 8-12-11.)
 
13    Section 55. The Abused and Neglected Child Reporting Act
14is amended by changing Sections 2.1, 3, 4, 4.1, 4.2, 4.4, 4.5,
155, 7, 7.3b, 7.3c, 7.4, 7.9, 7.14, 7.16, 7.19, 11.1, 11.1a,
1611.3, 11.5, and 11.8 as follows:
 
17    (325 ILCS 5/2.1)  (from Ch. 23, par. 2052.1)
18    Sec. 2.1. Any person or family seeking assistance in
19meeting child care responsibilities may use the services and
20facilities established by this Act which may assist in meeting
21such responsibilities. Whether or not the problem presented
22constitutes child abuse or neglect, such persons or families
23shall be referred to appropriate resources or agencies. No
24person seeking assistance under this Section shall be required

 

 

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1to give the person's his name or any other identifying
2information.
3(Source: P.A. 81-1077.)
 
4    (325 ILCS 5/3)  (from Ch. 23, par. 2053)
5    Sec. 3. As used in this Act unless the context otherwise
6requires:
7    "Adult resident" means any person between 18 and 22 years
8of age who resides in any facility licensed by the Department
9under the Child Care Act of 1969. For purposes of this Act, the
10criteria set forth in the definitions of "abused child" and
11"neglected child" shall be used in determining whether an
12adult resident is abused or neglected.
13    "Agency" means a child care facility licensed under
14Section 2.05 or Section 2.06 of the Child Care Act of 1969 and
15includes a transitional living program that accepts children
16and adult residents for placement who are in the guardianship
17of the Department.
18    "Blatant disregard" means an incident where the real,
19significant, and imminent risk of harm would be so obvious to a
20reasonable parent or caretaker that it is unlikely that a
21reasonable parent or caretaker would have exposed the child to
22the danger without exercising precautionary measures to
23protect the child from harm. With respect to a person working
24at an agency in the person's his or her professional capacity
25with a child or adult resident, "blatant disregard" includes a

 

 

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1failure by the person to perform job responsibilities intended
2to protect the child's or adult resident's health, physical
3well-being, or welfare, and, when viewed in light of the
4surrounding circumstances, evidence exists that would cause a
5reasonable person to believe that the child was neglected.
6With respect to an agency, "blatant disregard" includes a
7failure to implement practices that ensure the health,
8physical well-being, or welfare of the children and adult
9residents residing in the facility.
10    "Child" means any person under the age of 18 years, unless
11legally emancipated by reason of marriage or entry into a
12branch of the United States armed services.
13    "Department" means Department of Children and Family
14Services.
15    "Local law enforcement agency" means the police of a city,
16town, village or other incorporated area or the sheriff of an
17unincorporated area or any sworn officer of the Illinois
18Department of State Police.
19    "Abused child" means a child whose parent or immediate
20family member, or any person responsible for the child's
21welfare, or any individual residing in the same home as the
22child, or a paramour of the child's parent:
23        (a) inflicts, causes to be inflicted, or allows to be
24    inflicted upon such child physical injury, by other than
25    accidental means, which causes death, disfigurement,
26    impairment of physical or emotional health, or loss or

 

 

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1    impairment of any bodily function;
2        (b) creates a substantial risk of physical injury to
3    such child by other than accidental means which would be
4    likely to cause death, disfigurement, impairment of
5    physical or emotional health, or loss or impairment of any
6    bodily function;
7        (c) commits or allows to be committed any sex offense
8    against such child, as such sex offenses are defined in
9    the Criminal Code of 2012 or in the Wrongs to Children Act,
10    and extending those definitions of sex offenses to include
11    children under 18 years of age;
12        (d) commits or allows to be committed an act or acts of
13    torture upon such child;
14        (e) inflicts excessive corporal punishment or, in the
15    case of a person working for an agency who is prohibited
16    from using corporal punishment, inflicts corporal
17    punishment upon a child or adult resident with whom the
18    person is working in the person's his or her professional
19    capacity;
20        (f) commits or allows to be committed the offense of
21    female genital mutilation, as defined in Section 12-34 of
22    the Criminal Code of 2012, against the child;
23        (g) causes to be sold, transferred, distributed, or
24    given to such child under 18 years of age, a controlled
25    substance as defined in Section 102 of the Illinois
26    Controlled Substances Act in violation of Article IV of

 

 

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1    the Illinois Controlled Substances Act or in violation of
2    the Methamphetamine Control and Community Protection Act,
3    except for controlled substances that are prescribed in
4    accordance with Article III of the Illinois Controlled
5    Substances Act and are dispensed to such child in a manner
6    that substantially complies with the prescription;
7        (h) commits or allows to be committed the offense of
8    involuntary servitude, involuntary sexual servitude of a
9    minor, or trafficking in persons as defined in Section
10    10-9 of the Criminal Code of 2012 against the child; or
11        (i) commits the offense of grooming, as defined in
12    Section 11-25 of the Criminal Code of 2012, against the
13    child.
14    A child shall not be considered abused for the sole reason
15that the child has been relinquished in accordance with the
16Abandoned Newborn Infant Protection Act.
17    "Neglected child" means any child who is not receiving the
18proper or necessary nourishment or medically indicated
19treatment including food or care not provided solely on the
20basis of the present or anticipated mental or physical
21impairment as determined by a physician acting alone or in
22consultation with other physicians or otherwise is not
23receiving the proper or necessary support or medical or other
24remedial care recognized under State law as necessary for a
25child's well-being, or other care necessary for the child's
26his or her well-being, including adequate food, clothing and

 

 

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1shelter; or who is subjected to an environment which is
2injurious insofar as (i) the child's environment creates a
3likelihood of harm to the child's health, physical well-being,
4or welfare and (ii) the likely harm to the child is the result
5of a blatant disregard of parent, caretaker, person
6responsible for the child's welfare, or agency
7responsibilities; or who is abandoned by the child's his or
8her parents or other person responsible for the child's
9welfare without a proper plan of care; or who has been provided
10with interim crisis intervention services under Section 3-5 of
11the Juvenile Court Act of 1987 and whose parent, guardian, or
12custodian refuses to permit the child to return home and no
13other living arrangement agreeable to the parent, guardian, or
14custodian can be made, and the parent, guardian, or custodian
15has not made any other appropriate living arrangement for the
16child; or who is a newborn infant whose blood, urine, or
17meconium contains any amount of a controlled substance as
18defined in subsection (f) of Section 102 of the Illinois
19Controlled Substances Act or a metabolite thereof, with the
20exception of a controlled substance or metabolite thereof
21whose presence in the newborn infant is the result of medical
22treatment administered to the person who gave birth mother or
23the newborn infant. A child shall not be considered neglected
24for the sole reason that the child's parent or other person
25responsible for the child's his or her welfare has left the
26child in the care of an adult relative for any period of time.

 

 

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1A child shall not be considered neglected for the sole reason
2that the child has been relinquished in accordance with the
3Abandoned Newborn Infant Protection Act. A child shall not be
4considered neglected or abused for the sole reason that such
5child's parent or other person responsible for the child's his
6or her welfare depends upon spiritual means through prayer
7alone for the treatment or cure of disease or remedial care as
8provided under Section 4 of this Act. A child shall not be
9considered neglected or abused solely because the child is not
10attending school in accordance with the requirements of
11Article 26 of The School Code, as amended.
12    "Child Protective Service Unit" means certain specialized
13State employees of the Department assigned by the Director to
14perform the duties and responsibilities as provided under
15Section 7.2 of this Act.
16    "Near fatality" means an act that, as certified by a
17physician, places the child in serious or critical condition,
18including acts of great bodily harm inflicted upon children
19under 13 years of age, and as otherwise defined by Department
20rule.
21    "Great bodily harm" includes bodily injury which creates a
22high probability of death, or which causes serious permanent
23disfigurement, or which causes a permanent or protracted loss
24or impairment of the function of any bodily member or organ, or
25other serious bodily harm.
26    "Person responsible for the child's welfare" means the

 

 

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1child's parent; guardian; foster parent; relative caregiver;
2any person responsible for the child's welfare in a public or
3private residential agency or institution; any person
4responsible for the child's welfare within a public or private
5profit or not for profit child care facility; or any other
6person responsible for the child's welfare at the time of the
7alleged abuse or neglect, including any person who commits or
8allows to be committed, against the child, the offense of
9involuntary servitude, involuntary sexual servitude of a
10minor, or trafficking in persons for forced labor or services,
11as provided in Section 10-9 of the Criminal Code of 2012,
12including, but not limited to, the custodian of the minor, or
13any person who came to know the child through an official
14capacity or position of trust, including, but not limited to,
15health care professionals, educational personnel, recreational
16supervisors, members of the clergy, and volunteers or support
17personnel in any setting where children may be subject to
18abuse or neglect.
19    "Temporary protective custody" means custody within a
20hospital or other medical facility or a place previously
21designated for such custody by the Department, subject to
22review by the Court, including a licensed foster home, group
23home, or other institution; but such place shall not be a jail
24or other place for the detention of criminal or juvenile
25offenders.
26    "An unfounded report" means any report made under this Act

 

 

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1for which it is determined after an investigation that no
2credible evidence of abuse or neglect exists.
3    "An indicated report" means a report made under this Act
4if an investigation determines that credible evidence of the
5alleged abuse or neglect exists.
6    "An undetermined report" means any report made under this
7Act in which it was not possible to initiate or complete an
8investigation on the basis of information provided to the
9Department.
10    "Subject of report" means any child reported to the
11central register of child abuse and neglect established under
12Section 7.7 of this Act as an alleged victim of child abuse or
13neglect and the parent or guardian of the alleged victim or
14other person responsible for the alleged victim's welfare who
15is named in the report or added to the report as an alleged
16perpetrator of child abuse or neglect.
17    "Perpetrator" means a person who, as a result of
18investigation, has been determined by the Department to have
19caused child abuse or neglect.
20    "Member of the clergy" means a clergyperson clergyman or
21practitioner of any religious denomination accredited by the
22religious body to which the clergyperson or practitioner he or
23she belongs.
24(Source: P.A. 102-567, eff. 1-1-22; 102-676, eff. 12-3-21;
25revised 12-15-21.)
 

 

 

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1    (325 ILCS 5/4)
2    Sec. 4. Persons required to report; privileged
3communications; transmitting false report.
4    (a) The following persons are required to immediately
5report to the Department when they have reasonable cause to
6believe that a child known to them in their professional or
7official capacities may be an abused child or a neglected
8child:
9        (1) Medical personnel, including any: physician
10    licensed to practice medicine in any of its branches
11    (medical doctor or doctor of osteopathy); resident;
12    intern; medical administrator or personnel engaged in the
13    examination, care, and treatment of persons; psychiatrist;
14    surgeon; dentist; dental hygienist; chiropractic
15    physician; podiatric physician; physician assistant;
16    emergency medical technician; acupuncturist; registered
17    nurse; licensed practical nurse; advanced practice
18    registered nurse; genetic counselor; respiratory care
19    practitioner; home health aide; or certified nursing
20    assistant.
21        (2) Social services and mental health personnel,
22    including any: licensed professional counselor; licensed
23    clinical professional counselor; licensed social worker;
24    licensed clinical social worker; licensed psychologist or
25    assistant working under the direct supervision of a
26    psychologist; associate licensed marriage and family

 

 

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1    therapist; licensed marriage and family therapist; field
2    personnel of the Departments of Healthcare and Family
3    Services, Public Health, Human Services, Human Rights, or
4    Children and Family Services; supervisor or administrator
5    of the General Assistance program established under
6    Article VI of the Illinois Public Aid Code; social
7    services administrator; or substance abuse treatment
8    personnel.
9        (3) Crisis intervention personnel, including any:
10    crisis line or hotline personnel; or domestic violence
11    program personnel.
12        (4) Education personnel, including any: school
13    personnel (including administrators and certified and
14    non-certified school employees); personnel of institutions
15    of higher education; educational advocate assigned to a
16    child in accordance with the School Code; member of a
17    school board or the Chicago Board of Education or the
18    governing body of a private school (but only to the extent
19    required under subsection (d)); or truant officer.
20        (5) Recreation or athletic program or facility
21    personnel.
22        (6) Child care personnel, including any: early
23    intervention provider as defined in the Early Intervention
24    Services System Act; director or staff assistant of a
25    nursery school or a child day care center; or foster
26    parent, homemaker, or child care worker.

 

 

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1        (7) Law enforcement personnel, including any: law
2    enforcement officer; field personnel of the Department of
3    Juvenile Justice; field personnel of the Department of
4    Corrections; probation officer; or animal control officer
5    or field investigator of the Department of Agriculture's
6    Bureau of Animal Health and Welfare.
7        (8) Any funeral home director; funeral home director
8    and embalmer; funeral home employee; coroner; or medical
9    examiner.
10        (9) Any member of the clergy.
11        (10) Any physician, physician assistant, registered
12    nurse, licensed practical nurse, medical technician,
13    certified nursing assistant, licensed social worker,
14    licensed clinical social worker, or licensed professional
15    counselor of any office, clinic, or any other physical
16    location that provides abortions, abortion referrals, or
17    contraceptives.
18    (b) When 2 or more persons who work within the same
19workplace and are required to report under this Act share a
20reasonable cause to believe that a child may be an abused or
21neglected child, one of those reporters may be designated to
22make a single report. The report shall include the names and
23contact information for the other mandated reporters sharing
24the reasonable cause to believe that a child may be an abused
25or neglected child. The designated reporter must provide
26written confirmation of the report to those mandated reporters

 

 

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1within 48 hours. If confirmation is not provided, those
2mandated reporters are individually responsible for
3immediately ensuring a report is made. Nothing in this Section
4precludes or may be used to preclude any person from reporting
5child abuse or child neglect.
6    (c)(1) As used in this Section, "a child known to them in
7their professional or official capacities" means:
8        (A) the mandated reporter comes into contact with the
9    child in the course of the reporter's employment or
10    practice of a profession, or through a regularly scheduled
11    program, activity, or service;
12        (B) the mandated reporter is affiliated with an
13    agency, institution, organization, school, school
14    district, regularly established church or religious
15    organization, or other entity that is directly responsible
16    for the care, supervision, guidance, or training of the
17    child; or
18        (C) a person makes a specific disclosure to the
19    mandated reporter that an identifiable child is the victim
20    of child abuse or child neglect, and the disclosure
21    happens while the mandated reporter is engaged in the
22    reporter's his or her employment or practice of a
23    profession, or in a regularly scheduled program, activity,
24    or service.
25    (2) Nothing in this Section requires a child to come
26before the mandated reporter in order for the reporter to make

 

 

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1a report of suspected child abuse or child neglect.
2    (d) If an allegation is raised to a school board member
3during the course of an open or closed school board meeting
4that a child who is enrolled in the school district of which
5the person he or she is a board member is an abused child as
6defined in Section 3 of this Act, the member shall direct or
7cause the school board to direct the superintendent of the
8school district or other equivalent school administrator to
9comply with the requirements of this Act concerning the
10reporting of child abuse. For purposes of this paragraph, a
11school board member is granted the authority in that board
12member's his or her individual capacity to direct the
13superintendent of the school district or other equivalent
14school administrator to comply with the requirements of this
15Act concerning the reporting of child abuse.
16    Notwithstanding any other provision of this Act, if an
17employee of a school district has made a report or caused a
18report to be made to the Department under this Act involving
19the conduct of a current or former employee of the school
20district and a request is made by another school district for
21the provision of information concerning the job performance or
22qualifications of the current or former employee because the
23current or former employee he or she is an applicant for
24employment with the requesting school district, the general
25superintendent of the school district to which the request is
26being made must disclose to the requesting school district the

 

 

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1fact that an employee of the school district has made a report
2involving the conduct of the applicant or caused a report to be
3made to the Department, as required under this Act. Only the
4fact that an employee of the school district has made a report
5involving the conduct of the applicant or caused a report to be
6made to the Department may be disclosed by the general
7superintendent of the school district to which the request for
8information concerning the applicant is made, and this fact
9may be disclosed only in cases where the employee and the
10general superintendent have not been informed by the
11Department that the allegations were unfounded. An employee of
12a school district who is or has been the subject of a report
13made pursuant to this Act during the employee's his or her
14employment with the school district must be informed by that
15school district that if the employee he or she applies for
16employment with another school district, the general
17superintendent of the former school district, upon the request
18of the school district to which the employee applies, shall
19notify that requesting school district that the employee is or
20was the subject of such a report.
21    (e) Whenever such person is required to report under this
22Act in the person's his capacity as a member of the staff of a
23medical or other public or private institution, school,
24facility or agency, or as a member of the clergy, the person he
25shall make report immediately to the Department in accordance
26with the provisions of this Act and may also notify the person

 

 

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1in charge of such institution, school, facility or agency, or
2church, synagogue, temple, mosque, or other religious
3institution, or his designated agent of the person in charge
4that such report has been made. Under no circumstances shall
5any person in charge of such institution, school, facility or
6agency, or church, synagogue, temple, mosque, or other
7religious institution, or his designated agent of the person
8in charge to whom such notification has been made, exercise
9any control, restraint, modification or other change in the
10report or the forwarding of such report to the Department.
11    (f) In addition to the persons required to report
12suspected cases of child abuse or child neglect under this
13Section, any other person may make a report if such person has
14reasonable cause to believe a child may be an abused child or a
15neglected child.
16    (g) The privileged quality of communication between any
17professional person required to report and the professional
18person's his patient or client shall not apply to situations
19involving abused or neglected children and shall not
20constitute grounds for failure to report as required by this
21Act or constitute grounds for failure to share information or
22documents with the Department during the course of a child
23abuse or neglect investigation. If requested by the
24professional, the Department shall confirm in writing that the
25information or documents disclosed by the professional were
26gathered in the course of a child abuse or neglect

 

 

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1investigation.
2    The reporting requirements of this Act shall not apply to
3the contents of a privileged communication between an attorney
4and the attorney's his or her client or to confidential
5information within the meaning of Rule 1.6 of the Illinois
6Rules of Professional Conduct relating to the legal
7representation of an individual client.
8    A member of the clergy may claim the privilege under
9Section 8-803 of the Code of Civil Procedure.
10    (h) Any office, clinic, or any other physical location
11that provides abortions, abortion referrals, or contraceptives
12shall provide to all office personnel copies of written
13information and training materials about abuse and neglect and
14the requirements of this Act that are provided to employees of
15the office, clinic, or physical location who are required to
16make reports to the Department under this Act, and instruct
17such office personnel to bring to the attention of an employee
18of the office, clinic, or physical location who is required to
19make reports to the Department under this Act any reasonable
20suspicion that a child known to office personnel him or her in
21their his or her professional or official capacity may be an
22abused child or a neglected child.
23    (i) Any person who enters into employment on and after
24July 1, 1986 and is mandated by virtue of that employment to
25report under this Act, shall sign a statement on a form
26prescribed by the Department, to the effect that the employee

 

 

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1has knowledge and understanding of the reporting requirements
2of this Act. On and after January 1, 2019, the statement shall
3also include information about available mandated reporter
4training provided by the Department. The statement shall be
5signed prior to commencement of the employment. The signed
6statement shall be retained by the employer. The cost of
7printing, distribution, and filing of the statement shall be
8borne by the employer.
9    (j) Persons required to report child abuse or child
10neglect as provided under this Section must complete an
11initial mandated reporter training, including a section on
12implicit bias, within 3 months of their date of engagement in a
13professional or official capacity as a mandated reporter, or
14within the time frame of any other applicable State law that
15governs training requirements for a specific profession, and
16at least every 3 years thereafter. The initial requirement
17only applies to the first time they engage in their
18professional or official capacity. In lieu of training every 3
19years, medical personnel, as listed in paragraph (1) of
20subsection (a), must meet the requirements described in
21subsection (k).
22    The mandated reporter trainings shall be in-person or
23web-based, and shall include, at a minimum, information on the
24following topics: (i) indicators for recognizing child abuse
25and child neglect, as defined under this Act; (ii) the process
26for reporting suspected child abuse and child neglect in

 

 

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1Illinois as required by this Act and the required
2documentation; (iii) responding to a child in a
3trauma-informed manner; and (iv) understanding the response of
4child protective services and the role of the reporter after a
5call has been made. Child-serving organizations are encouraged
6to provide in-person annual trainings.
7    The implicit bias section shall be in-person or web-based,
8and shall include, at a minimum, information on the following
9topics: (i) implicit bias and (ii) racial and ethnic
10sensitivity. As used in this subsection, "implicit bias" means
11the attitudes or internalized stereotypes that affect people's
12perceptions, actions, and decisions in an unconscious manner
13and that exist and often contribute to unequal treatment of
14people based on race, ethnicity, gender identity, sexual
15orientation, age, disability, and other characteristics. The
16implicit bias section shall provide tools to adjust automatic
17patterns of thinking and ultimately eliminate discriminatory
18behaviors. During these trainings mandated reporters shall
19complete the following: (1) a pretest to assess baseline
20implicit bias levels; (2) an implicit bias training task; and
21(3) a posttest to reevaluate bias levels after training. The
22implicit bias curriculum for mandated reporters shall be
23developed within one year after the effective date of this
24amendatory Act of the 102nd General Assembly and shall be
25created in consultation with organizations demonstrating
26expertise and or experience in the areas of implicit bias,

 

 

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1youth and adolescent developmental issues, prevention of child
2abuse, exploitation, and neglect, culturally diverse family
3systems, and the child welfare system.
4    The mandated reporter training, including a section on
5implicit bias, shall be provided through the Department,
6through an entity authorized to provide continuing education
7for professionals licensed through the Department of Financial
8and Professional Regulation, the State Board of Education, the
9Illinois Law Enforcement Training Standards Board, or the
10Illinois Department of State Police, or through an
11organization approved by the Department to provide mandated
12reporter training, including a section on implicit bias. The
13Department must make available a free web-based training for
14reporters.
15    Each mandated reporter shall report to the mandated
16reporter's his or her employer and, when applicable, to the
17mandated reporter's his or her licensing or certification
18board that the mandated reporter he or she received the
19mandated reporter training. The mandated reporter shall
20maintain records of completion.
21    Beginning January 1, 2021, if a mandated reporter receives
22licensure from the Department of Financial and Professional
23Regulation or the State Board of Education, and the mandated
24reporter's his or her profession has continuing education
25requirements, the training mandated under this Section shall
26count toward meeting the licensee's required continuing

 

 

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1education hours.
2    (k)(1) Medical personnel, as listed in paragraph (1) of
3subsection (a), who work with children in their professional
4or official capacity, must complete mandated reporter training
5at least every 6 years. Such medical personnel, if licensed,
6must attest at each time of licensure renewal on their renewal
7form that they understand they are a mandated reporter of
8child abuse and neglect, that they are aware of the process for
9making a report, that they know how to respond to a child in a
10trauma-informed manner, and that they are aware of the role of
11child protective services and the role of a reporter after a
12call has been made.
13    (2) In lieu of repeated training, medical personnel, as
14listed in paragraph (1) of subsection (a), who do not work with
15children in their professional or official capacity, may
16instead attest each time at licensure renewal on their renewal
17form that they understand they are a mandated reporter of
18child abuse and neglect, that they are aware of the process for
19making a report, that they know how to respond to a child in a
20trauma-informed manner, and that they are aware of the role of
21child protective services and the role of a reporter after a
22call has been made. Nothing in this paragraph precludes
23medical personnel from completing mandated reporter training
24and receiving continuing education credits for that training.
25    (l) The Department shall provide copies of this Act, upon
26request, to all employers employing persons who shall be

 

 

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1required under the provisions of this Section to report under
2this Act.
3    (m) Any person who knowingly transmits a false report to
4the Department commits the offense of disorderly conduct under
5subsection (a)(7) of Section 26-1 of the Criminal Code of
62012. A violation of this provision is a Class 4 felony.
7    Any person who knowingly and willfully violates any
8provision of this Section other than a second or subsequent
9violation of transmitting a false report as described in the
10preceding paragraph, is guilty of a Class A misdemeanor for a
11first violation and a Class 4 felony for a second or subsequent
12violation; except that if the person acted as part of a plan or
13scheme having as its object the prevention of discovery of an
14abused or neglected child by lawful authorities for the
15purpose of protecting or insulating any person or entity from
16arrest or prosecution, the person is guilty of a Class 4 felony
17for a first offense and a Class 3 felony for a second or
18subsequent offense (regardless of whether the second or
19subsequent offense involves any of the same facts or persons
20as the first or other prior offense).
21    (n) A child whose parent, guardian or custodian in good
22faith selects and depends upon spiritual means through prayer
23alone for the treatment or cure of disease or remedial care may
24be considered neglected or abused, but not for the sole reason
25that the child's his parent, guardian or custodian accepts and
26practices such beliefs.

 

 

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1    (o) A child shall not be considered neglected or abused
2solely because the child is not attending school in accordance
3with the requirements of Article 26 of the School Code, as
4amended.
5    (p) Nothing in this Act prohibits a mandated reporter who
6reasonably believes that an animal is being abused or
7neglected in violation of the Humane Care for Animals Act from
8reporting animal abuse or neglect to the Department of
9Agriculture's Bureau of Animal Health and Welfare.
10    (q) A home rule unit may not regulate the reporting of
11child abuse or neglect in a manner inconsistent with the
12provisions of this Section. This Section is a limitation under
13subsection (i) of Section 6 of Article VII of the Illinois
14Constitution on the concurrent exercise by home rule units of
15powers and functions exercised by the State.
16    (r) For purposes of this Section "child abuse or neglect"
17includes abuse or neglect of an adult resident as defined in
18this Act.
19(Source: P.A. 101-564, eff. 1-1-20; 102-604, eff. 1-1-22.)
 
20    (325 ILCS 5/4.1)  (from Ch. 23, par. 2054.1)
21    Sec. 4.1. Any person required to report under this Act who
22has reasonable cause to suspect that a child has died as a
23result of abuse or neglect shall also immediately report the
24person's his suspicion to the appropriate medical examiner or
25coroner. Any other person who has reasonable cause to believe

 

 

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1that a child has died as a result of abuse or neglect may
2report the person's his suspicion to the appropriate medical
3examiner or coroner. The medical examiner or coroner shall
4investigate the report and communicate the medical examiner's
5or coroner's his apparent gross findings, orally, immediately
6upon completion of the gross autopsy, but in all cases within
772 hours and within 21 days in writing, to the local law
8enforcement agency, the appropriate State's attorney, the
9Department and, if the institution making the report is a
10hospital, the hospital. The child protective investigator
11assigned to the death investigation shall have the right to
12require a copy of the completed autopsy report from the
13coroner or medical examiner.
14(Source: P.A. 85-193.)
 
15    (325 ILCS 5/4.2)
16    Sec. 4.2. Departmental report on death or serious
17life-threatening injury of child.
18    (a) In the case of the death or serious life-threatening
19injury of a child whose care and custody or custody and
20guardianship has been transferred to the Department, or in the
21case of a child abuse or neglect report made to the central
22register involving the death of a child, the Department shall
23(i) investigate or provide for an investigation of the cause
24of and circumstances surrounding the death or serious
25life-threatening injury, (ii) review the investigation, and

 

 

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1(iii) prepare and issue a report on the death or serious
2life-threatening injury.
3    (b) The report shall include (i) the cause of death or
4serious life-threatening injury, whether from natural or other
5causes, (ii) any extraordinary or pertinent information
6concerning the circumstances of the child's death or serious
7life-threatening injury, (iii) identification of child
8protective or other social services provided or actions taken
9regarding the child or the child's his or her family at the
10time of the death or serious life-threatening injury or within
11the preceding 5 years, (iv) any action or further
12investigation undertaken by the Department since the death or
13serious life-threatening injury of the child, (v) as
14appropriate, recommendations for State administrative or
15policy changes, (vi) whether the alleged perpetrator of the
16abuse or neglect has been charged with committing a crime
17related to the report and allegation of abuse or neglect, and
18(vii) a copy of any documents, files, records, books, and
19papers created or used in connection with the Department's
20investigation of the death or serious life-threatening injury
21of the child. In any case involving the death or near death of
22a child, when a person responsible for the child has been
23charged with committing a crime that results in the child's
24death or near death, there shall be a presumption that the best
25interest of the public will be served by public disclosure of
26certain information concerning the circumstances of the

 

 

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1investigations of the death or near death of the child and any
2other investigations concerning that child or other children
3living in the same household.
4    If the Department receives from the public a request for
5information relating to a case of child abuse or neglect
6involving the death or serious life-threatening injury of a
7child, the Director shall consult with the State's Attorney in
8the county of venue and release the report related to the case,
9except for the following, which may be redacted from the
10information disclosed to the public: any mental health or
11psychological information that is confidential as otherwise
12provided in State law; privileged communications of an
13attorney; the identity of the individual or individuals, if
14known, who made the report; information that may cause mental
15or physical harm to a sibling or another child living in the
16household; information that may undermine an ongoing criminal
17investigation; and any information prohibited from disclosure
18by federal law or regulation. Any information provided by an
19adult subject of a report that is released about the case in a
20public forum shall be subject to disclosure upon a public
21information request. Information about the case shall also be
22subject to disclosure upon consent of an adult subject.
23Information about the case shall also be subject to disclosure
24if it has been publicly disclosed in a report by a law
25enforcement agency or official, a State's Attorney, a judge,
26or any other State or local investigative agency or official.

 

 

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1Except as it may apply directly to the cause of the death or
2serious life-threatening injury of the child, nothing in this
3Section shall be deemed to authorize the release or disclosure
4to the public of the substance or content of any
5psychological, psychiatric, therapeutic, clinical, or medical
6reports, evaluation, or like materials or information
7pertaining to the child or the child's family.
8    (c) No later than 6 months after the date of the death or
9serious life-threatening injury of the child, the Department
10shall notify the President of the Senate, the Minority Leader
11of the Senate, the Speaker of the House of Representatives,
12the Minority Leader of the House of Representatives, and the
13members of the Senate and the House of Representatives in
14whose district the child's death or serious life-threatening
15injury occurred upon the completion of each report and shall
16submit an annual cumulative report to the Governor and the
17General Assembly incorporating cumulative data about the above
18reports and including appropriate findings and
19recommendations. The reports required by this subsection (c)
20shall be made available to the public after completion or
21submittal.
22    (d) To enable the Department to prepare the report, the
23Department may request and shall timely receive from
24departments, boards, bureaus, or other agencies of the State,
25or any of its political subdivisions, or any duly authorized
26agency, or any other agency which provided assistance, care,

 

 

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1or services to the deceased or injured child any information
2they are authorized to provide.
3(Source: P.A. 97-1068, eff. 1-1-13.)
 
4    (325 ILCS 5/4.4)
5    Sec. 4.4. DCFS duty to report to State's Attorney.
6Whenever the Department receives, by means of its statewide
7toll-free telephone number established under Section 7.6 for
8the purpose of reporting suspected child abuse or neglect or
9by any other means or from any mandated reporter under Section
104, a report of a newborn infant whose blood, urine, or meconium
11contains any amount of a controlled substance as defined in
12subsection (f) of Section 102 of the Illinois Controlled
13Substances Act or a metabolite thereof, with the exception of
14a controlled substance or metabolite thereof whose presence in
15the newborn infant is the result of medical treatment
16administered to the person who gave birth mother or the
17newborn infant, the Department must immediately report that
18information to the State's Attorney of the county in which the
19infant was born.
20(Source: P.A. 95-361, eff. 8-23-07.)
 
21    (325 ILCS 5/4.5)
22    Sec. 4.5. Electronic and information technology workers;
23reporting child pornography.
24    (a) In this Section:

 

 

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1    "Child pornography" means child pornography as described
2in Section 11-20.1 of the Criminal Code of 2012.
3    "Electronic and information technology equipment" means
4equipment used in the creation, manipulation, storage,
5display, or transmission of data, including internet and
6intranet systems, software applications, operating systems,
7video and multimedia, telecommunications products, kiosks,
8information transaction machines, copiers, printers, and
9desktop and portable computers.
10    "Electronic and information technology equipment worker"
11means a person who in the scope and course of the person's his
12or her employment or business installs, repairs, or otherwise
13services electronic and information technology equipment for a
14fee but does not include (i) an employee, independent
15contractor, or other agent of a telecommunications carrier or
16telephone or telecommunications cooperative, as those terms
17are defined in the Public Utilities Act, or (ii) an employee,
18independent contractor, or other agent of a provider of
19commercial mobile radio service, as defined in 47 C.F.R. 20.3.
20    (b) If an electronic and information technology equipment
21worker discovers any depiction of child pornography while
22installing, repairing, or otherwise servicing an item of
23electronic and information technology equipment, that worker
24or the worker's employer shall immediately report the
25discovery to the local law enforcement agency or to the Cyber
26Tipline at the National Center for Missing and & Exploited

 

 

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1Children.
2    (c) If a report is filed in accordance with the
3requirements of 42 U.S.C. 13032, the requirements of this
4Section 4.5 will be deemed to have been met.
5    (d) An electronic and information technology equipment
6worker or electronic and information technology equipment
7worker's employer who reports a discovery of child pornography
8as required under this Section is immune from any criminal,
9civil, or administrative liability in connection with making
10the report, except for willful or wanton misconduct.
11    (e) Failure to report a discovery of child pornography as
12required under this Section is a business offense subject to a
13fine of $1,001.
14(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
15    (325 ILCS 5/5)  (from Ch. 23, par. 2055)
16    Sec. 5. An officer of a local law enforcement agency,
17designated employee of the Department, or a physician treating
18a child may take or retain temporary protective custody of the
19child without the consent of the person responsible for the
20child's welfare, if (1) the officer of a local law enforcement
21agency, designated employee of the Department, or a physician
22treating a child he has reason to believe that the child cannot
23be cared for at home or in the custody of the person
24responsible for the child's welfare without endangering the
25child's health or safety; and (2) there is not time to apply

 

 

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1for a court order under the Juvenile Court Act of 1987 for
2temporary custody of the child. The person taking or retaining
3a child in temporary protective custody shall immediately make
4every reasonable effort to notify the person responsible for
5the child's welfare and shall immediately notify the
6Department. The Department shall provide to the temporary
7caretaker of a child any information in the Department's
8possession concerning the positive results of a test performed
9on the child to determine the presence of the antibody or
10antigen to Human Immunodeficiency Virus (HIV), or of HIV
11infection, as well as any communicable diseases or
12communicable infections that the child has. The temporary
13caretaker of a child shall not disclose to another person any
14information received by the temporary caretaker from the
15Department concerning the results of a test performed on the
16child to determine the presence of the antibody or antigen to
17HIV, or of HIV infection, except pursuant to Section 9 of the
18AIDS Confidentiality Act, as now or hereafter amended. The
19Department shall promptly initiate proceedings under the
20Juvenile Court Act of 1987 for the continued temporary custody
21of the child.
22    Where the physician keeping a child in the physician's his
23custody does so in the physician's his capacity as a member of
24the staff of a hospital or similar institution, the physician
25he shall notify the person in charge of the institution or the
26his designated agent of the person in charge, who shall then

 

 

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1become responsible for the further care of such child in the
2hospital or similar institution under the direction of the
3Department.
4    Said care includes, but is not limited to the granting of
5permission to perform emergency medical treatment to a minor
6where the treatment itself does not involve a substantial risk
7of harm to the minor and the failure to render such treatment
8will likely result in death or permanent harm to the minor, and
9there is not time to apply for a court order under the Juvenile
10Court Act of 1987.
11    Any person authorized and acting in good faith in the
12removal of a child under this Section shall have immunity from
13any liability, civil or criminal, that might otherwise be
14incurred or imposed as a result of such removal. Any physician
15authorized and acting in good faith and in accordance with
16acceptable medical practice in the treatment of a child under
17this Section shall have immunity from any liability, civil or
18criminal, that might otherwise be incurred or imposed as a
19result of granting permission for emergency treatment.
20    With respect to any child taken into temporary protective
21custody pursuant to this Section, the Department of Children
22and Family Services Guardianship Administrator or the
23Guardianship Administrator's his designee shall be deemed the
24child's legally authorized representative for purposes of
25consenting to an HIV test if deemed necessary and appropriate
26by the Department's Guardianship Administrator or the

 

 

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1Guardianship Administrator's designee and obtaining and
2disclosing information concerning such test pursuant to the
3AIDS Confidentiality Act if deemed necessary and appropriate
4by the Department's Guardianship Administrator or the
5Guardianship Administrator's designee and for purposes of
6consenting to the release of information pursuant to the
7Illinois Sexually Transmissible Disease Control Act if deemed
8necessary and appropriate by the Department's Guardianship
9Administrator or designee.
10    Any person who administers an HIV test upon the consent of
11the Department of Children and Family Services Guardianship
12Administrator or the Guardianship Administrator's his
13designee, or who discloses the results of such tests to the
14Department's Guardianship Administrator or the Guardianship
15Administrator's his designee, shall have immunity from any
16liability, civil, criminal or otherwise, that might result by
17reason of such actions. For the purpose of any proceedings,
18civil or criminal, the good faith of any persons required to
19administer or disclose the results of tests, or permitted to
20take such actions, shall be presumed.
21(Source: P.A. 90-28, eff. 1-1-98.)
 
22    (325 ILCS 5/7)  (from Ch. 23, par. 2057)
23    Sec. 7. Time and manner of making reports. All reports of
24suspected child abuse or neglect made under this Act shall be
25made immediately by telephone to the central register

 

 

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1established under Section 7.7 on the single, State-wide,
2toll-free telephone number established in Section 7.6, or in
3person or by telephone through the nearest Department office.
4The Department shall, in cooperation with school officials,
5distribute appropriate materials in school buildings listing
6the toll-free telephone number established in Section 7.6,
7including methods of making a report under this Act. The
8Department may, in cooperation with appropriate members of the
9clergy, distribute appropriate materials in churches,
10synagogues, temples, mosques, or other religious buildings
11listing the toll-free telephone number established in Section
127.6, including methods of making a report under this Act.
13    Wherever the Statewide number is posted, there shall also
14be posted the following notice:
15    "Any person who knowingly transmits a false report to the
16Department commits the offense of disorderly conduct under
17subsection (a)(7) of Section 26-1 of the Criminal Code of
182012. A violation of this subsection is a Class 4 felony."
19    The report required by this Act shall include, if known,
20the name and address of the child and the child's his parents
21or other persons having the child's his custody; the child's
22age; the nature of the child's condition, including any
23evidence of previous injuries or disabilities; and any other
24information that the person filing the report believes might
25be helpful in establishing the cause of such abuse or neglect
26and the identity of the person believed to have caused such

 

 

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1abuse or neglect. Reports made to the central register through
2the State-wide, toll-free telephone number shall be
3immediately transmitted by the Department to the appropriate
4Child Protective Service Unit. All such reports alleging the
5death of a child, serious injury to a child, including, but not
6limited to, brain damage, skull fractures, subdural hematomas,
7and internal injuries, torture of a child, malnutrition of a
8child, and sexual abuse to a child, including, but not limited
9to, sexual intercourse, sexual exploitation, sexual
10molestation, and sexually transmitted disease in a child age
1112 and under, shall also be immediately transmitted by the
12Department to the appropriate local law enforcement agency.
13The Department shall within 24 hours orally notify local law
14enforcement personnel and the office of the State's Attorney
15of the involved county of the receipt of any report alleging
16the death of a child, serious injury to a child, including, but
17not limited to, brain damage, skull fractures, subdural
18hematomas, and internal injuries, torture of a child,
19malnutrition of a child, and sexual abuse to a child,
20including, but not limited to, sexual intercourse, sexual
21exploitation, sexual molestation, and sexually transmitted
22disease in a child age 12 and under. All oral reports made by
23the Department to local law enforcement personnel and the
24office of the State's Attorney of the involved county shall be
25confirmed in writing within 24 hours of the oral report. All
26reports by persons mandated to report under this Act shall be

 

 

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1confirmed in writing to the appropriate Child Protective
2Service Unit, which may be on forms supplied by the
3Department, within 48 hours of any initial report.
4    Any report received by the Department alleging the abuse
5or neglect of a child by a person who is not the child's
6parent, a member of the child's immediate family, a person
7responsible for the child's welfare, an individual residing in
8the same home as the child, or a paramour of the child's parent
9shall immediately be referred to the appropriate local law
10enforcement agency for consideration of criminal investigation
11or other action.
12    Written confirmation reports from persons not required to
13report by this Act may be made to the appropriate Child
14Protective Service Unit. Written reports from persons required
15by this Act to report shall be admissible in evidence in any
16judicial proceeding or administrative hearing relating to
17child abuse or neglect. Reports involving known or suspected
18child abuse or neglect in public or private residential
19agencies or institutions shall be made and received in the
20same manner as all other reports made under this Act.
21    For purposes of this Section, "child" includes an adult
22resident as defined in this Act.
23(Source: P.A. 101-583, eff. 1-1-20; 102-558, eff. 8-20-21.)
 
24    (325 ILCS 5/7.3b)  (from Ch. 23, par. 2057.3b)
25    Sec. 7.3b. All persons required to report under Section 4

 

 

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1may refer to the Department of Human Services any pregnant
2person in this State who has a substance use disorder as
3defined in the Substance Use Disorder Act. The Department of
4Human Services shall notify the local Infant Mortality
5Reduction Network service provider or Department funded
6prenatal care provider in the area in which the person
7resides. The service provider shall prepare a case management
8plan and assist the pregnant person woman in obtaining
9counseling and treatment from a local substance use disorder
10treatment program licensed by the Department of Human Services
11or a licensed hospital which provides substance abuse
12treatment services. The local Infant Mortality Reduction
13Network service provider and Department funded prenatal care
14provider shall monitor the pregnant person woman through the
15service program. The Department of Human Services shall have
16the authority to promulgate rules and regulations to implement
17this Section.
18(Source: P.A. 100-759, eff. 1-1-19.)
 
19    (325 ILCS 5/7.3c)
20    Sec. 7.3c. Substance abuse services for parents women with
21children.
22    The Department of Human Services and the Department of
23Children and Family Services shall develop a community based
24system of integrated child welfare and substance abuse
25services for the purpose of providing safety and protection

 

 

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1for children, improving adult health and parenting outcomes,
2and improving family outcomes.
3    The Department of Children and Family Services, in
4cooperation with the Department of Human Services, shall
5develop case management protocols for DCFS clients with
6substance abuse problems. The Departments may establish pilot
7programs designed to test the most effective approaches to
8case management case-management. The Departments shall
9evaluate the effectiveness of these pilot programs and report
10to the Governor and the General Assembly on an annual basis.
11(Source: P.A. 89-268, eff. 1-1-96; 89-507, eff. 7-1-97.)
 
12    (325 ILCS 5/7.4)  (from Ch. 23, par. 2057.4)
13    Sec. 7.4. (a) The Department shall be capable of receiving
14reports of suspected child abuse or neglect 24 hours a day, 7
15days a week. Whenever the Department receives a report
16alleging that a child is a truant as defined in Section 26-2a
17of the School Code, as now or hereafter amended, the
18Department shall notify the superintendent of the school
19district in which the child resides and the appropriate
20superintendent of the educational service region. The
21notification to the appropriate officials by the Department
22shall not be considered an allegation of abuse or neglect
23under this Act.
24    (a-5) The Department of Children and Family Services may
25implement a "differential response program" in accordance with

 

 

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1criteria, standards, and procedures prescribed by rule. The
2program may provide that, upon receiving a report, the
3Department shall determine whether to conduct a family
4assessment or an investigation as appropriate to prevent or
5provide a remedy for child abuse or neglect.
6    For purposes of this subsection (a-5), "family assessment"
7means a comprehensive assessment of child safety, risk of
8subsequent child maltreatment, and family strengths and needs
9that is applied to a child maltreatment report that does not
10allege substantial child endangerment. "Family assessment"
11does not include a determination as to whether child
12maltreatment occurred but does determine the need for services
13to address the safety of family members and the risk of
14subsequent maltreatment.
15    For purposes of this subsection (a-5), "investigation"
16means fact-gathering related to the current safety of a child
17and the risk of subsequent abuse or neglect that determines
18whether a report of suspected child abuse or neglect should be
19indicated or unfounded and whether child protective services
20are needed.
21    Under the "differential response program" implemented
22under this subsection (a-5), the Department:
23        (1) Shall conduct an investigation on reports
24    involving substantial child abuse or neglect.
25        (2) Shall begin an immediate investigation if, at any
26    time when it is using a family assessment response, it

 

 

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1    determines that there is reason to believe that
2    substantial child abuse or neglect or a serious threat to
3    the child's safety exists.
4        (3) May conduct a family assessment for reports that
5    do not allege substantial child endangerment. In
6    determining that a family assessment is appropriate, the
7    Department may consider issues, including, but not limited
8    to, child safety, parental cooperation, and the need for
9    an immediate response.
10        (4) Shall promulgate criteria, standards, and
11    procedures that shall be applied in making this
12    determination, taking into consideration the Child
13    Endangerment Risk Assessment Protocol of the Department.
14        (5) May conduct a family assessment on a report that
15    was initially screened and assigned for an investigation.
16    In determining that a complete investigation is not
17required, the Department must document the reason for
18terminating the investigation and notify the local law
19enforcement agency or the Illinois State Police if the local
20law enforcement agency or Illinois State Police is conducting
21a joint investigation.
22    Once it is determined that a "family assessment" will be
23implemented, the case shall not be reported to the central
24register of abuse and neglect reports.
25    During a family assessment, the Department shall collect
26any available and relevant information to determine child

 

 

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1safety, risk of subsequent abuse or neglect, and family
2strengths.
3    Information collected includes, but is not limited to,
4when relevant: information with regard to the person reporting
5the alleged abuse or neglect, including the nature of the
6reporter's relationship to the child and to the alleged
7offender, and the basis of the reporter's knowledge for the
8report; the child allegedly being abused or neglected; the
9alleged offender; the child's caretaker; and other collateral
10sources having relevant information related to the alleged
11abuse or neglect. Information relevant to the assessment must
12be asked for, and may include:
13        (A) The child's sex and age, prior reports of abuse or
14    neglect, information relating to developmental
15    functioning, credibility of the child's statement, and
16    whether the information provided under this paragraph (A)
17    is consistent with other information collected during the
18    course of the assessment or investigation.
19        (B) The alleged offender's age, a record check for
20    prior reports of abuse or neglect, and criminal charges
21    and convictions. The alleged offender may submit
22    supporting documentation relevant to the assessment.
23        (C) Collateral source information regarding the
24    alleged abuse or neglect and care of the child. Collateral
25    information includes, when relevant: (i) a medical
26    examination of the child; (ii) prior medical records