HB3705 EngrossedLRB103 24994 KTG 51328 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. The Children and Family Services Act is amended
5by changing Section 5 as follows:
 
6    (20 ILCS 505/5)  (from Ch. 23, par. 5005)
7    Sec. 5. Direct child welfare services; Department of
8Children and Family Services. To provide direct child welfare
9services when not available through other public or private
10child care or program facilities.
11    (a) For purposes of this Section:
12        (1) "Children" means persons found within the State
13    who are under the age of 18 years. The term also includes
14    persons under age 21 who:
15            (A) were committed to the Department pursuant to
16        the Juvenile Court Act or the Juvenile Court Act of
17        1987 and who continue under the jurisdiction of the
18        court; or
19            (B) were accepted for care, service and training
20        by the Department prior to the age of 18 and whose best
21        interest in the discretion of the Department would be
22        served by continuing that care, service and training
23        because of severe emotional disturbances, physical

 

 

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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 permanent family
4        arrangements, through guardianship or adoption
5        adoptive homes, in cases where restoration to the
6        biological family is not safe, possible, or
7        appropriate;
8            (F) at assuring safe and adequate care of children
9        away from their homes, in cases where the child cannot
10        be returned home or cannot be placed for adoption. At
11        the time of placement, conducting the Department shall
12        consider concurrent planning, as described in
13        subsection (l-1) of this Section so that permanency
14        may occur at the earliest opportunity. Consideration
15        should be given so that if reunification fails or is
16        delayed, the placement made is the best available
17        placement to provide permanency for the child;
18            (G) (blank);
19            (H) (blank); and
20            (I) placing and maintaining children in facilities
21        that provide separate living quarters for children
22        under the age of 18 and for children 18 years of age
23        and older, unless a child 18 years of age is in the
24        last year of high school education or vocational
25        training, in an approved individual or group treatment
26        program, in a licensed shelter facility, or secure

 

 

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1        child care facility. The Department is not required to
2        place or maintain children:
3                (i) who are in a foster home, or
4                (ii) who are persons with a developmental
5            disability, as defined in the Mental Health and
6            Developmental Disabilities Code, or
7                (iii) who are female children who are
8            pregnant, pregnant and parenting, or parenting, or
9                (iv) who are siblings, in facilities that
10            provide separate living quarters for children 18
11            years of age and older and for children under 18
12            years of age.
13    (b) (Blank).
14    (c) The Department shall establish and maintain
15tax-supported child welfare services and extend and seek to
16improve voluntary services throughout the State, to the end
17that services and care shall be available on an equal basis
18throughout the State to children requiring such services.
19    (d) The Director may authorize advance disbursements for
20any new program initiative to any agency contracting with the
21Department. As a prerequisite for an advance disbursement, the
22contractor must post a surety bond in the amount of the advance
23disbursement and have a purchase of service contract approved
24by the Department. The Department may pay up to 2 months
25operational expenses in advance. The amount of the advance
26disbursement shall be prorated over the life of the contract

 

 

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

 

 

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1    Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
2    Court Act of 1987 in accordance with the federal Adoption
3    Assistance and Child Welfare Act of 1980; and
4        (10) interstate services.
5    Rules and regulations established by the Department shall
6include provisions for training Department staff and the staff
7of Department grantees, through contracts with other agencies
8or resources, in screening techniques to identify substance
9use disorders, as defined in the Substance Use Disorder Act,
10approved by the Department of Human Services, as a successor
11to the Department of Alcoholism and Substance Abuse, for the
12purpose of identifying children and adults who should be
13referred for an assessment at an organization appropriately
14licensed by the Department of Human Services for substance use
15disorder treatment.
16    (h) If the Department finds that there is no appropriate
17program or facility within or available to the Department for
18a youth in care and that no licensed private facility has an
19adequate and appropriate program or none agrees to accept the
20youth in care, the Department shall create an appropriate
21individualized, program-oriented plan for such youth in care.
22The plan may be developed within the Department or through
23purchase of services by the Department to the extent that it is
24within its statutory authority to do.
25    (i) Service programs shall be available throughout the
26State and shall include but not be limited to the following

 

 

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

 

 

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1been terminated or because the child's adoptive parents have
2died. The Department may continue to provide financial
3assistance and education assistance grants for a child who was
4determined eligible for financial assistance under this
5subsection (j) in the interim period beginning when the
6child's adoptive parents died and ending with the finalization
7of the new adoption of the child by another adoptive parent or
8parents. The Department may also provide categories of
9financial assistance and education assistance grants, and
10shall establish rules and regulations for the assistance and
11grants, to persons appointed guardian of the person under
12Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
134-25, or 5-740 of the Juvenile Court Act of 1987 for children
14who were youth in care for 12 months immediately prior to the
15appointment of the guardian.
16    The amount of assistance may vary, depending upon the
17needs of the child and the adoptive parents, as set forth in
18the annual assistance agreement. Special purpose grants are
19allowed where the child requires special service but such
20costs may not exceed the amounts which similar services would
21cost the Department if it were to provide or secure them as
22guardian of the child.
23    Any financial assistance provided under this subsection is
24inalienable by assignment, sale, execution, attachment,
25garnishment, or any other remedy for recovery or collection of
26a judgment or debt.

 

 

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1    (j-5) The Department shall not deny or delay the placement
2of a child for adoption if an approved family is available
3either outside of the Department region handling the case, or
4outside of the State of Illinois.
5    (k) The Department shall accept for care and training any
6child who has been adjudicated neglected or abused, or
7dependent committed to it pursuant to the Juvenile Court Act
8or the Juvenile Court Act of 1987.
9    (l) The Department shall offer family preservation
10services, as defined in Section 8.2 of the Abused and
11Neglected Child Reporting Act, to help families, including
12adoptive and extended families. Family preservation services
13shall be offered (i) to prevent the placement of children in
14substitute care when the children can be cared for at home or
15in the custody of the person responsible for the children's
16welfare, (ii) to reunite children with their families, or
17(iii) to maintain an adoptive placement. Family preservation
18services shall only be offered when doing so will not endanger
19the children's health or safety. With respect to children who
20are in substitute care pursuant to the Juvenile Court Act of
211987, family preservation services shall not be offered if a
22goal other than those of subdivisions (A), (B), or (B-1) of
23subsection (2) of Section 2-28 of that Act has been set, except
24that reunification services may be offered as provided in
25paragraph (F) of subsection (2) of Section 2-28 of that Act.
26Nothing in this paragraph shall be construed to create a

 

 

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

 

 

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1reports of suspected child abuse or neglect. Acceptance of
2such services shall be voluntary. The Department may also
3provide services to any child or family after completion of a
4family assessment, as an alternative to an investigation, as
5provided under the "differential response program" provided
6for in subsection (a-5) of Section 7.4 of the Abused and
7Neglected Child Reporting Act.
8    The Department may, at its discretion except for those
9children also adjudicated neglected or dependent, accept for
10care and training any child who has been adjudicated addicted,
11as a truant minor in need of supervision or as a minor
12requiring authoritative intervention, under the Juvenile Court
13Act or the Juvenile Court Act of 1987, but no such child shall
14be committed to the Department by any court without the
15approval of the Department. On and after January 1, 2015 (the
16effective date of Public Act 98-803) and before January 1,
172017, a minor charged with a criminal offense under the
18Criminal Code of 1961 or the Criminal Code of 2012 or
19adjudicated delinquent shall not be placed in the custody of
20or committed to the Department by any court, except (i) a minor
21less than 16 years of age committed to the Department under
22Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
23for whom an independent basis of abuse, neglect, or dependency
24exists, which must be defined by departmental rule, or (iii) a
25minor for whom the court has granted a supplemental petition
26to reinstate wardship pursuant to subsection (2) of Section

 

 

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12-33 of the Juvenile Court Act of 1987. On and after January 1,
22017, a minor charged with a criminal offense under the
3Criminal Code of 1961 or the Criminal Code of 2012 or
4adjudicated delinquent shall not be placed in the custody of
5or committed to the Department by any court, except (i) a minor
6less than 15 years of age committed to the Department under
7Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
8for whom an independent basis of abuse, neglect, or dependency
9exists, which must be defined by departmental rule, or (iii) a
10minor for whom the court has granted a supplemental petition
11to reinstate wardship pursuant to subsection (2) of Section
122-33 of the Juvenile Court Act of 1987. An independent basis
13exists when the allegations or adjudication of abuse, neglect,
14or dependency do not arise from the same facts, incident, or
15circumstances which give rise to a charge or adjudication of
16delinquency. The Department shall assign a caseworker to
17attend any hearing involving a youth in the care and custody of
18the Department who is placed on aftercare release, including
19hearings involving sanctions for violation of aftercare
20release conditions and aftercare release revocation hearings.
21    As soon as is possible after August 7, 2009 (the effective
22date of Public Act 96-134), the Department shall develop and
23implement a special program of family preservation services to
24support intact, foster, and adoptive families who are
25experiencing extreme hardships due to the difficulty and
26stress of caring for a child who has been diagnosed with a

 

 

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

 

 

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

 

 

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

 

 

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1    child if the child is not in the custody of either parent,
2    or
3        (2) the child is found in the State and neither a
4    parent, guardian nor custodian of the child can be
5    located.
6If the child is found in his or her residence without a parent,
7guardian, custodian, or responsible caretaker, the Department
8may, instead of removing the child and assuming temporary
9custody, place an authorized representative of the Department
10in that residence until such time as a parent, guardian, or
11custodian enters the home and expresses a willingness and
12apparent ability to ensure the child's health and safety and
13resume permanent charge of the child, or until a relative
14enters the home and is willing and able to ensure the child's
15health and safety and assume charge of the child until a
16parent, guardian, or custodian enters the home and expresses
17such willingness and ability to ensure the child's safety and
18resume permanent charge. After a caretaker has remained in the
19home for a period not to exceed 12 hours, the Department must
20follow those procedures outlined in Section 2-9, 3-11, 4-8, or
215-415 of the Juvenile Court Act of 1987.
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 he were not in the temporary custody of the
16Department may deliver to the Department a signed request that
17the Department surrender the temporary custody of the child.
18The Department may retain temporary custody of the child for
1910 days after the receipt of the request, during which period
20the Department may cause to be filed a petition pursuant to the
21Juvenile Court Act of 1987. If a petition is so filed, the
22Department shall retain temporary custody of the child until
23the court orders otherwise. If a petition is not filed within
24the 10-day period, the child shall be surrendered to the
25custody of the requesting parent, guardian, or custodian not
26later than the expiration of the 10-day period, at which time

 

 

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1the authority and duties of the Department with respect to the
2temporary 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, except that the benefits described in Section
265.46 must be used and conserved consistent with the provisions

 

 

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1under Section 5.46.
2    The Department shall set up and administer no-cost,
3interest-bearing accounts in appropriate financial
4institutions for children for whom the Department is legally
5responsible and who have been determined eligible for
6Veterans' Benefits, Social Security benefits, assistance
7allotments from the armed forces, court ordered payments,
8parental voluntary payments, Supplemental Security Income,
9Railroad Retirement payments, Black Lung benefits, or other
10miscellaneous payments. Interest earned by each account shall
11be credited to the account, unless disbursed in accordance
12with this subsection.
13    In disbursing funds from children's accounts, the
14Department shall:
15        (1) Establish standards in accordance with State and
16    federal laws for disbursing money from children's
17    accounts. In all circumstances, the Department's
18    "Guardianship Administrator" or his or her designee must
19    approve disbursements from children's accounts. The
20    Department shall be responsible for keeping complete
21    records of all disbursements for each account for any
22    purpose.
23        (2) Calculate on a monthly basis the amounts paid from
24    State funds for the child's board and care, medical care
25    not covered under Medicaid, and social services; and
26    utilize funds from the child's account, as covered by

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1shall be reviewed and approved regarding accuracy at the
2supervisory level.
3    (u-5) Effective July 1, 1995, only foster care placements
4licensed as foster family homes pursuant to the Child Care Act
5of 1969 shall be eligible to receive foster care payments from
6the Department. Relative caregivers who, as of July 1, 1995,
7were approved pursuant to approved relative placement rules
8previously promulgated by the Department at 89 Ill. Adm. Code
9335 and had submitted an application for licensure as a foster
10family home may continue to receive foster care payments only
11until the Department determines that they may be licensed as a
12foster family home or that their application for licensure is
13denied or until September 30, 1995, whichever occurs first.
14    (v) The Department shall access criminal history record
15information as defined in the Illinois Uniform Conviction
16Information Act and information maintained in the adjudicatory
17and dispositional record system as defined in Section 2605-355
18of the Illinois State Police Law if the Department determines
19the information is necessary to perform its duties under the
20Abused and Neglected Child Reporting Act, the Child Care Act
21of 1969, and the Children and Family Services Act. The
22Department shall provide for interactive computerized
23communication and processing equipment that permits direct
24on-line communication with the Illinois State Police's central
25criminal history data repository. The Department shall comply
26with all certification requirements and provide certified

 

 

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

 

 

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1the Department shall request a check of that other state's
2child abuse and neglect registry.
3    (w) Within 120 days of August 20, 1995 (the effective date
4of Public Act 89-392), the Department shall prepare and submit
5to the Governor and the General Assembly, a written plan for
6the development of in-state licensed secure child care
7facilities that care for children who are in need of secure
8living arrangements for their health, safety, and well-being.
9For purposes of this subsection, secure care facility shall
10mean a facility that is designed and operated to ensure that
11all entrances and exits from the facility, a building or a
12distinct part of the building, are under the exclusive control
13of the staff of the facility, whether or not the child has the
14freedom of movement within the perimeter of the facility,
15building, or distinct part of the building. The plan shall
16include descriptions of the types of facilities that are
17needed in Illinois; the cost of developing these secure care
18facilities; the estimated number of placements; the potential
19cost savings resulting from the movement of children currently
20out-of-state who are projected to be returned to Illinois; the
21necessary geographic distribution of these facilities in
22Illinois; and a proposed timetable for development of such
23facilities.
24    (x) The Department shall conduct annual credit history
25checks to determine the financial history of children placed
26under its guardianship pursuant to the Juvenile Court Act of

 

 

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11987. The Department shall conduct such credit checks starting
2when a youth in care turns 12 years old and each year
3thereafter for the duration of the guardianship as terminated
4pursuant to the Juvenile Court Act of 1987. The Department
5shall determine if financial exploitation of the child's
6personal information has occurred. If financial exploitation
7appears to have taken place or is presently ongoing, the
8Department shall notify the proper law enforcement agency, the
9proper State's Attorney, or the Attorney General.
10    (y) Beginning on July 22, 2010 (the effective date of
11Public Act 96-1189), a child with a disability who receives
12residential and educational services from the Department shall
13be eligible to receive transition services in accordance with
14Article 14 of the School Code from the age of 14.5 through age
1521, inclusive, notwithstanding the child's residential
16services arrangement. For purposes of this subsection, "child
17with a disability" means a child with a disability as defined
18by the federal Individuals with Disabilities Education
19Improvement Act of 2004.
20    (z) The Department shall access criminal history record
21information as defined as "background information" in this
22subsection and criminal history record information as defined
23in the Illinois Uniform Conviction Information Act for each
24Department employee or Department applicant. Each Department
25employee or Department applicant shall submit his or her
26fingerprints to the Illinois State Police in the form and

 

 

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

 

 

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1        (iii) Information obtained by the Department of
2    Children and Family Services after performing a check of
3    the Child Abuse and Neglect Tracking System (CANTS)
4    operated and maintained by the Department.
5    "Department employee" means a full-time or temporary
6employee coded or certified within the State of Illinois
7Personnel System.
8    "Department applicant" means an individual who has
9conditional Department full-time or part-time work, a
10contractor, an individual used to replace or supplement staff,
11an academic intern, a volunteer in Department offices or on
12Department contracts, a work-study student, an individual or
13entity licensed by the Department, or an unlicensed service
14provider who works as a condition of a contract or an agreement
15and whose work may bring the unlicensed service provider into
16contact with Department clients or client records.
17(Source: P.A. 101-13, eff. 6-12-19; 101-79, eff. 7-12-19;
18101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 102-558, eff.
198-20-21; 102-1014, eff. 5-27-22.)
 
20    (20 ILCS 505/17a-11 rep.)
21    Section 5. The Children and Family Services Act is amended
22by repealing Section 17a-11.