SB0063 EngrossedLRB102 12026 KTG 17362 b

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 7.3a and 35.10 as follows:
6    (20 ILCS 505/7.3a)
7    Sec. 7.3a. Normalcy parenting for children in foster care;
8participation in childhood activities.
9    (a) Legislative findings.
10        (1) Every day parents make important decisions about
11    their child's participation in extracurricular activities.
12    Caregivers for children in out-of-home care are faced with
13    making the same decisions.
14        (2) When a caregiver makes decisions, he or she must
15    consider applicable laws, rules, and regulations to
16    safeguard the health, safety, and best interests of a
17    child in out-of-home care.
18        (3) Participation in extracurricular activities is
19    important to a child's well-being, not only emotionally,
20    but also in developing valuable life skills.
21        (4) The General Assembly recognizes the importance of
22    making every effort to normalize the lives of children in
23    out-of-home care and to empower a caregiver to approve or



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1    not approve a child's participation in appropriate
2    extracurricular activities based on the caregiver's own
3    assessment using the reasonable and prudent parent
4    standard, without prior approval of the Department, the
5    caseworker, or the court.
6        (5) Nothing in this Section shall be presumed to
7    discourage or diminish the engagement of families and
8    guardians in the child's life activities.
9    (b) Definitions. As used in this Section:
10    "Appropriate activities" means activities or items that
11are generally accepted as suitable for children of the same
12chronological age or developmental level of maturity.
13Appropriateness is based on the development of cognitive,
14emotional, physical, and behavioral capacity that is typical
15for an age or age group, taking into account the individual
16child's cognitive, emotional, physical, and behavioral
18    "Caregiver" means a person with whom the child is placed
19in out-of-home care or a designated official for child care
20facilities licensed by the Department as defined in the Child
21Care Act of 1969.
22    "Reasonable and prudent parent standard" means the
23standard characterized by careful and sensible parental
24decisions that maintain the child's health, safety, and best
25interests while at the same time supporting the child's
26emotional and developmental growth that a caregiver shall use



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1when determining whether to allow a child in out-of-home care
2to participate in extracurricular, enrichment, cultural, and
3social activities.
4    (c) Requirements for decision-making.
5        (1) Each child who comes into the care and custody of
6    the Department is fully entitled to participate in
7    appropriate extracurricular, enrichment, cultural, and
8    social activities in a manner that allows that child to
9    participate in his or her community to the fullest extent
10    possible.
11        (2) Caregivers must use the reasonable and prudent
12    parent standard in determining whether to give permission
13    for a child in out-of-home care to participate in
14    appropriate extracurricular, enrichment, cultural, and
15    social activities. Caregivers are expected to promote and
16    support a child's participation in such activities. When
17    using the reasonable and prudent parent standard, the
18    caregiver shall consider:
19            (A) the child's age, maturity, and developmental
20        level to promote the overall health, safety, and best
21        interests of the child;
22            (B) the best interest of the child based on
23        information known by the caregiver;
24            (C) the importance and fundamental value of
25        encouraging the child's emotional and developmental
26        growth gained through participation in activities in



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1        his or her community;
2            (D) the importance and fundamental value of
3        providing the child with the most family-like living
4        experience possible; and
5            (E) the behavioral history of the child and the
6        child's ability to safely participate in the proposed
7        activity.
8        (3) A caregiver is not liable for harm caused to a
9    child in out-of-home care who participates in an activity
10    approved by the caregiver, provided that the caregiver has
11    acted as a reasonable and prudent parent in permitting the
12    child to engage in the activity.
13    (d) Rulemaking. The Department shall adopt, by rule,
14procedures no later than June 1, 2017 that promote and protect
15the ability of children to participate in appropriate
16extracurricular, enrichment, cultural, and social activities.
17    (e) The Department shall ensure that every youth in care
18who is entering his or her final year of high school has
19completed a Free Application for Federal Student Aid form, if
20applicable, or an application for State financial aid on or
21after October 1, but no later than November 1, of the youth's
22final year of high school.
23(Source: P.A. 99-839, eff. 8-19-16.)
24    (20 ILCS 505/35.10)
25    Sec. 35.10. Documents necessary for adult living. The



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1Department shall assist a youth in care in identifying and
2obtaining documents necessary to function as an independent
3adult prior to the closure of the youth's case to terminate
4wardship as provided in Section 2-31 of the Juvenile Court Act
5of 1987. These necessary documents shall include, but not be
6limited to, any of the following:
7        (1) State identification card or driver's license.
8        (2) Social Security card.
9        (3) Medical records, including, but not limited to,
10    health passport, dental records, immunization records,
11    name and contact information for all current medical,
12    dental, and mental health providers, and a signed
13    certification that the Department provided the youth with
14    education on executing a healthcare power of attorney.
15        (4) Medicaid card or other health eligibility
16    documentation.
17        (5) Certified copy of birth certificate.
18        (6) Any applicable religious documents.
19        (7) Voter registration card.
20        (8) Immigration, citizenship, or naturalization
21    documentation, if applicable.
22        (9) Death certificates of parents, if applicable.
23        (10) Life book or compilation of personal history and
24    photographs.
25        (11) List of known relatives with relationships,
26    addresses, telephone numbers, and other contact



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1    information, with the permission of the involved relative.
2        (12) Resume.
3        (13) Educational records, including list of schools
4    attended, and transcript, high school diploma, or high
5    school equivalency certificate.
6        (14) List of placements while in care.
7        (15) List of community resources with referral
8    information, including the Midwest Adoption Center for
9    search and reunion services for former youth in care,
10    whether or not they were adopted, and the Illinois Chapter
11    of Foster Care Alumni of America.
12        (16) All documents necessary to complete a Free
13    Application for Federal Student Aid form, if applicable,
14    or an application for State financial aid.
15If a court determines that a youth in care no longer requires
16wardship of the court and orders the wardship terminated and
17all proceedings under the Juvenile Court Act of 1987
18respecting the youth in care finally closed and discharged,
19the Department shall ensure that the youth in care receives a
20copy of the court's order.
21(Source: P.A. 100-680, eff. 1-1-19.)