103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4781

 

Introduced 2/6/2024, by Rep. Marcus C. Evans, Jr.

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Provides that the amendatory Act may be referred to as the Kinship in Demand (KIND) Act. Provides that the KIND Act creates the statutory vision and authority for the Department of Children and Family Services to execute a kin-first approach to service delivery and directs the juvenile courts to provide necessary oversight of the Department's obligations to maintain family connections and promote equitable opportunities for youth and families to thrive with relational permanence. Amends the Children and Family Services Act. Contains provisions concerning Department rules on relative, kinship, and licensed foster care; grants to subsidized guardians of hard-to-place children; a requirement on the Department to make reasonable efforts to place a child with a relative; documentation of the Department's reasons for failing to secure a relative placement; foster care maintenance payments for relatives who qualify for certification as a kinship caregiver home; subsidized guardianship support services for children and their guardians; certification and background checks on relative caregivers; annual reports regarding relative and kinship care placements; performance audits; and other matters. Amends the Child Care Act of 1969. Requires the Department to adopt standards for certifying kinship caregiver family homes that are different from licensing standards used for non-relative foster family homes. Contains provisions concerning background screenings of prospective kinship caregivers; a requirement that the Department assist relatives and prospective kinship caregivers with completing the steps required for approval as a kinship caregiver home; orientation activities for prospective kinship caregivers; Guardianship Assistance Program payments and services for relative caregivers; and other matters. Amends the Juvenile Court Act of 1987. Makes changes to provisions concerning "best interest" determinations; emergency placement of a minor with a willing relative pending a temporary custody hearing; court assessments on the Department's effort to place a minor with a relative; court ordered family-finding efforts; required notification to a minor's located relatives that the minor has been removed from the custody of the minor's parents; and other matters. Effective immediately.


LRB103 38607 KTG 68743 b

 

 

A BILL FOR

 

HB4781LRB103 38607 KTG 68743 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 1. This Act may be referred to as the Kinship in
5Demand (KIND) Act.
 
6    Section 2. Legislative findings and declaration of policy.
7The General Assembly finds, determines, and declares the
8following:
9        (1) The Kinship in Demand Act creates the statutory
10    vision and authority for the Department of Children and
11    Family Services to execute a kin-first approach to service
12    delivery and directs the juvenile courts to provide
13    necessary oversight of the Department's obligations to
14    maintain family connections and promote equitable
15    opportunities for youth and families to thrive with
16    relational permanence.
17        (2) Connection to family, community, and culture
18    creates emotional and relational permanency. Emotional and
19    relational permanency includes recognizing and supporting
20    many types of important long-term relationships that help
21    a youth feel loved and connected.
22        (3) Federal policy prioritizes placement with
23    relatives or close family friends when youth enter into

 

 

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1    the foster system. Research consistently demonstrates that
2    placing youth with their kin lessens the trauma of family
3    separation, reduces placement disruptions, enhances
4    permanency options if youth cannot be reunified, results
5    in higher placement satisfaction for youth in care, and
6    delivers better social, behavioral, mental health, and
7    educational outcomes for youth than non-kin foster care.
8        (4) Kinship placements are not only more stable, they
9    are shown to reduce the time to permanence when both
10    subsidized guardianship and adoption are available as
11    permanency options. By making the duration in foster care
12    shorter, kinship placements can help to mitigate the
13    long-term consequences of family separation. This reality
14    means that the State should encourage kinship
15    guardianship, and carefully consider how such arrangements
16    help children with existing family structures which can be
17    damaged by the termination of parental rights.
18        (5) It is in the State's public policy interest to
19    adopt a kin-first culture for the Illinois foster system
20    and ensure that youth placed in the care of relatives by
21    the Department of Children and Family Services receive
22    equitable resources and permanency planning tailored to
23    each family's unique needs. The Department of Children and
24    Family Services must promote kinship placement, help youth
25    in care maintain connections with their families, tailor
26    services and supports to kinship families, and listen to

 

 

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1    the voices of youth, their families, and kinship
2    caregivers to materially improve young people's
3    experiences. The Department's policies and resource
4    allocations must align with kin-first values and the
5    Department must pursue federal funding opportunities to
6    enhance kinship care. Lawyers and judges in juvenile court
7    play a meaningful role in creating a kin-first culture.
8    The juvenile court must have sufficient information at all
9    stages of the process to provide essential judicial
10    oversight of the Department's efforts to contact and
11    engage relatives as well as hear directly from relatives
12    who assert they have capacity to provide placement and
13    relational permanence for youth in the care of the
14    Department.
15        (6) The financial costs of raising a child, whether
16    borne by a relative or a foster parent, are significant.
17    Youth in care who are placed with relatives should not be
18    deprived of the financial resources available to
19    non-relative foster parents. Foster home licensing
20    standards comprise the foundation on which different and
21    insufficient financial support for relative caregivers
22    compared to non-relatives is built, a disparity that
23    undermines the economic security, well-being, and
24    equitable access to federal foster care maintenance
25    payments for youth living with kin. In September 2023, the
26    U.S. Department of Health and Human Services authorized

 

 

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1    states to voluntarily establish different licensing or
2    approval standards for kinship caregivers to remove
3    barriers to kinship caregiving that harms youth and
4    impedes attainment of permanency. To address inequities
5    and harms, the General Assembly intends to effectuate this
6    federal rule and to leverage every opportunity permitted
7    by the federal government to obtain federal funds for (i)
8    family finding and relative placements, including payments
9    for kinship caregivers at least equivalent to those
10    provided to licensed foster parents and (ii) kinship
11    navigator programs, which the federal government asserts
12    are essential components of the foster system, designed to
13    support kinship caregivers who are providing homes for
14    youth in care.
 
15    Section 5. The Children and Family Services Act is amended
16by changing Sections 4d, 5, 6a, 7, and 7.3 and by adding
17Sections 50 and 55 as follows:
 
18    (20 ILCS 505/4d)
19    Sec. 4d. Definitions Definition. As used in this Act:
20    "Kinship caregiver" has the meaning ascribed to that term
21in Section 2.36 of the Child Care Act of 1969.
22    "Kinship caregiver home" has the meaning ascribed to that
23term in Section 2.37 of the Child Care Act of 1969.
24    "Relative" has the meaning ascribed to that term in

 

 

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1Section 2.36 of the Child Care Act of 1969.
2    "Relative home" has the meaning ascribed to that term in
3Section 2.38 of the Child Care Act of 1969.
4    "Subsidized guardian" means a person who receives
5guardianship assistance program payments for providing care as
6the guardian of the person of a minor.
7    "Subsidized guardianship" means the exit of a child from
8foster care under the responsibility of the State to a
9guardian of a person of a minor who receives guardianship
10assistance program payments. Payments may be funded through
11State funds, federal funds, or both State and federal funds.
12    "Youth in care" means persons placed in the temporary
13custody or guardianship of the Department pursuant to the
14Juvenile Court Act of 1987.
15(Source: P.A. 100-159, eff. 8-18-17.)
 
16    (20 ILCS 505/5)
17    Sec. 5. Direct child welfare services; Department of
18Children and Family Services. To provide direct child welfare
19services when not available through other public or private
20child care or program facilities.
21    (a) For purposes of this Section:
22        (1) "Children" means persons found within the State
23    who are under the age of 18 years. The term also includes
24    persons under age 21 who:
25            (A) were committed to the Department pursuant to

 

 

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1        the Juvenile Court Act or the Juvenile Court Act of
2        1987 and who continue under the jurisdiction of the
3        court; or
4            (B) were accepted for care, service and training
5        by the Department prior to the age of 18 and whose best
6        interest in the discretion of the Department would be
7        served by continuing that care, service and training
8        because of severe emotional disturbances, physical
9        disability, social adjustment or any combination
10        thereof, or because of the need to complete an
11        educational or vocational training program.
12        (2) "Homeless youth" means persons found within the
13    State who are under the age of 19, are not in a safe and
14    stable living situation and cannot be reunited with their
15    families.
16        (3) "Child welfare services" means public social
17    services which are directed toward the accomplishment of
18    the following purposes:
19            (A) protecting and promoting the health, safety
20        and welfare of children, including homeless,
21        dependent, or neglected children;
22            (B) remedying, or assisting in the solution of
23        problems which may result in, the neglect, abuse,
24        exploitation, or delinquency of children;
25            (C) preventing the unnecessary separation of
26        children from their families by identifying family

 

 

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1        problems, assisting families in resolving their
2        problems, and preventing the breakup of the family
3        where the prevention of child removal is desirable and
4        possible when the child can be cared for at home
5        without endangering the child's health and safety;
6            (D) restoring to their families children who have
7        been removed, by the provision of services to the
8        child and the families when the child can be cared for
9        at home without endangering the child's health and
10        safety;
11            (E) placing children in suitable permanent family
12        arrangements, through guardianship or adoption, in
13        cases where restoration to the birth family is not
14        safe, possible, or appropriate;
15            (F) at the time of placement, conducting
16        concurrent planning, as described in subsection (l-1)
17        of this Section, so that permanency may occur at the
18        earliest opportunity. Consideration should be given so
19        that if reunification fails or is delayed, the
20        placement made is the best available placement to
21        provide permanency for the child;
22            (G) (blank);
23            (H) (blank); and
24            (I) placing and maintaining children in facilities
25        that provide separate living quarters for children
26        under the age of 18 and for children 18 years of age

 

 

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1        and older, unless a child 18 years of age is in the
2        last year of high school education or vocational
3        training, in an approved individual or group treatment
4        program, in a licensed shelter facility, or secure
5        child care facility. The Department is not required to
6        place or maintain children:
7                (i) who are in a foster home, or
8                (ii) who are persons with a developmental
9            disability, as defined in the Mental Health and
10            Developmental Disabilities Code, or
11                (iii) who are female children who are
12            pregnant, pregnant and parenting, or parenting, or
13                (iv) who are siblings, in facilities that
14            provide separate living quarters for children 18
15            years of age and older and for children under 18
16            years of age.
17    (b) (Blank).
18    (b-5) The Department shall adopt rules to establish a
19process for all licensed residential providers in Illinois to
20submit data as required by the Department, if they contract or
21receive reimbursement for children's mental health, substance
22use, and developmental disability services from the Department
23of Human Services, the Department of Juvenile Justice, or the
24Department of Healthcare and Family Services. The requested
25data must include, but is not limited to, capacity, staffing,
26and occupancy data for the purpose of establishing State need

 

 

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1and placement availability.
2    All information collected, shared, or stored pursuant to
3this subsection shall be handled in accordance with all State
4and federal privacy laws and accompanying regulations and
5rules, including without limitation the federal Health
6Insurance Portability and Accountability Act of 1996 (Public
7Law 104-191) and the Mental Health and Developmental
8Disabilities Confidentiality Act.
9    (c) The Department shall establish and maintain
10tax-supported child welfare services and extend and seek to
11improve voluntary services throughout the State, to the end
12that services and care shall be available on an equal basis
13throughout the State to children requiring such services.
14    (d) The Director may authorize advance disbursements for
15any new program initiative to any agency contracting with the
16Department. As a prerequisite for an advance disbursement, the
17contractor must post a surety bond in the amount of the advance
18disbursement and have a purchase of service contract approved
19by the Department. The Department may pay up to 2 months
20operational expenses in advance. The amount of the advance
21disbursement shall be prorated over the life of the contract
22or the remaining months of the fiscal year, whichever is less,
23and the installment amount shall then be deducted from future
24bills. Advance disbursement authorizations for new initiatives
25shall not be made to any agency after that agency has operated
26during 2 consecutive fiscal years. The requirements of this

 

 

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1Section concerning advance disbursements shall not apply with
2respect to the following: payments to local public agencies
3for child day care services as authorized by Section 5a of this
4Act; and youth service programs receiving grant funds under
5Section 17a-4.
6    (e) (Blank).
7    (f) (Blank).
8    (g) The Department shall establish rules and regulations
9concerning its operation of programs designed to meet the
10goals of child safety and protection, family preservation, and
11permanency, family reunification, and adoption, including, but
12not limited to:
13        (1) reunification, guardianship, and adoption;
14        (2) relative, kinship, and licensed foster care;
15        (3) family counseling;
16        (4) protective services;
17        (5) (blank);
18        (6) homemaker service;
19        (7) return of runaway children;
20        (8) (blank);
21        (9) placement under Section 5-7 of the Juvenile Court
22    Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
23    Court Act of 1987 in accordance with the federal Adoption
24    Assistance and Child Welfare Act of 1980; and
25        (10) interstate services.
26    Rules and regulations established by the Department shall

 

 

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

 

 

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

 

 

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1determined eligible for financial assistance under this
2subsection (j) in the interim period beginning when the
3child's: (i) adoptive parents died and ending with the
4finalization of a subsidized guardianship or the new adoption
5of the child by subsidized guardianship or another adoptive
6parent or parents or (ii) subsidized guardians died and ending
7with the finalization of the new adoption or guardianship of
8the child by another adoptive parent or subsidized guardian.
9The Department may also provide categories of financial
10assistance and education assistance grants, and shall
11establish rules and regulations for the assistance and grants,
12to persons appointed guardian of the person under Section 5-7
13of the Juvenile Court Act or Section 2-27, 3-28, 4-25, or 5-740
14of the Juvenile Court Act of 1987 for children who were youth
15in care for 12 months immediately prior to the appointment of
16the guardian.
17    The amount of assistance may vary, depending upon the
18needs of the child and the adoptive parents or subsidized
19guardians, as set forth in the annual assistance agreement.
20Special purpose grants are allowed where the child requires
21special service but such costs may not exceed the amounts
22which similar services would cost the Department if it were to
23provide or secure them as guardian of the child.
24    Any financial assistance provided under this subsection is
25inalienable by assignment, sale, execution, attachment,
26garnishment, or any other remedy for recovery or collection of

 

 

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1a judgment or debt.
2    (j-5) The Department shall not deny or delay the placement
3of a child for subsidized guardianship or adoption if an
4approved family is available either outside of the Department
5region handling the case, or outside of the State of Illinois.
6    (k) The Department shall accept for care and training any
7child who has been adjudicated neglected or abused, or
8dependent committed to it pursuant to the Juvenile Court Act
9or the Juvenile Court Act of 1987.
10    (l) The Department shall offer family preservation
11services, as defined in Section 8.2 of the Abused and
12Neglected Child Reporting Act, to help families, including
13adoptive and extended families. Family preservation services
14shall be offered (i) to prevent the placement of children in
15substitute care when the children can be cared for at home or
16in the custody of the person responsible for the children's
17welfare, (ii) to reunite children with their families, or
18(iii) to maintain an adoption or subsidized guardianship
19adoptive placement. Family preservation services shall only be
20offered when doing so will not endanger the children's health
21or safety. With respect to children who are in substitute care
22pursuant to the Juvenile Court Act of 1987, family
23preservation services shall not be offered if a goal other
24than those of subdivisions (A), (B), or (B-1) of subsection
25(2) of Section 2-28 of that Act has been set, except that
26reunification services may be offered as provided in paragraph

 

 

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1(F) of subsection (2) of Section 2-28 of that Act. Nothing in
2this paragraph shall be construed to create a private right of
3action or claim on the part of any individual or child welfare
4agency, except that when a child is the subject of an action
5under Article II of the Juvenile Court Act of 1987 and the
6child's service plan calls for services to facilitate
7achievement of the permanency goal, the court hearing the
8action under Article II of the Juvenile Court Act of 1987 may
9order the Department to provide the services set out in the
10plan, if those services are not provided with reasonable
11promptness and if those services are available.
12    The Department shall notify the child and the child's
13family of the Department's responsibility to offer and provide
14family preservation services as identified in the service
15plan. The child and the child's family shall be eligible for
16services as soon as the report is determined to be
17"indicated". The Department may offer services to any child or
18family with respect to whom a report of suspected child abuse
19or neglect has been filed, prior to concluding its
20investigation under Section 7.12 of the Abused and Neglected
21Child Reporting Act. However, the child's or family's
22willingness to accept services shall not be considered in the
23investigation. The Department may also provide services to any
24child or family who is the subject of any report of suspected
25child abuse or neglect or may refer such child or family to
26services available from other agencies in the community, even

 

 

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1if the report is determined to be unfounded, if the conditions
2in the child's or family's home are reasonably likely to
3subject the child or family to future reports of suspected
4child abuse or neglect. Acceptance of such services shall be
5voluntary. The Department may also provide services to any
6child or family after completion of a family assessment, as an
7alternative to an investigation, as provided under the
8"differential response program" provided for in subsection
9(a-5) of Section 7.4 of the Abused and Neglected Child
10Reporting Act.
11    The Department may, at its discretion except for those
12children also adjudicated neglected or dependent, accept for
13care and training any child who has been adjudicated addicted,
14as a truant minor in need of supervision or as a minor
15requiring authoritative intervention, under the Juvenile Court
16Act or the Juvenile Court Act of 1987, but no such child shall
17be committed to the Department by any court without the
18approval of the Department. On and after January 1, 2015 (the
19effective date of Public Act 98-803) and before January 1,
202017, a minor charged with a criminal offense under the
21Criminal Code of 1961 or the Criminal Code of 2012 or
22adjudicated delinquent shall not be placed in the custody of
23or committed to the Department by any court, except (i) a minor
24less than 16 years of age committed to the Department under
25Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
26for whom an independent basis of abuse, neglect, or dependency

 

 

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1exists, which must be defined by departmental rule, or (iii) a
2minor for whom the court has granted a supplemental petition
3to reinstate wardship pursuant to subsection (2) of Section
42-33 of the Juvenile Court Act of 1987. On and after January 1,
52017, a minor charged with a criminal offense under the
6Criminal Code of 1961 or the Criminal Code of 2012 or
7adjudicated delinquent shall not be placed in the custody of
8or committed to the Department by any court, except (i) a minor
9less than 15 years of age committed to the Department under
10Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
11for whom an independent basis of abuse, neglect, or dependency
12exists, which must be defined by departmental rule, or (iii) a
13minor for whom the court has granted a supplemental petition
14to reinstate wardship pursuant to subsection (2) of Section
152-33 of the Juvenile Court Act of 1987. An independent basis
16exists when the allegations or adjudication of abuse, neglect,
17or dependency do not arise from the same facts, incident, or
18circumstances which give rise to a charge or adjudication of
19delinquency. The Department shall assign a caseworker to
20attend any hearing involving a youth in the care and custody of
21the Department who is placed on aftercare release, including
22hearings involving sanctions for violation of aftercare
23release conditions and aftercare release revocation hearings.
24    As soon as is possible after August 7, 2009 (the effective
25date of Public Act 96-134), the Department shall develop and
26implement a special program of family preservation services to

 

 

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1support intact, relative and kinship caregiver, foster, and
2adoptive families who are experiencing extreme hardships due
3to the difficulty and stress of caring for a child who has been
4diagnosed with a pervasive developmental disorder if the
5Department determines that those services are necessary to
6ensure the health and safety of the child. The Department may
7offer services to any family whether or not a report has been
8filed under the Abused and Neglected Child Reporting Act. The
9Department may refer the child or family to services available
10from other agencies in the community if the conditions in the
11child's or family's home are reasonably likely to subject the
12child or family to future reports of suspected child abuse or
13neglect. Acceptance of these services shall be voluntary. The
14Department shall develop and implement a public information
15campaign to alert health and social service providers and the
16general public about these special family preservation
17services. The nature and scope of the services offered and the
18number of families served under the special program
19implemented under this paragraph shall be determined by the
20level of funding that the Department annually allocates for
21this purpose. The term "pervasive developmental disorder"
22under this paragraph means a neurological condition,
23including, but not limited to, Asperger's Syndrome and autism,
24as defined in the most recent edition of the Diagnostic and
25Statistical Manual of Mental Disorders of the American
26Psychiatric Association.

 

 

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1    (l-1) The General Assembly recognizes that the best
2interests of the child require that the child be placed in a
3the most permanent living arrangement that is an appropriate
4option for the child, using the factors set forth in
5subsection (4.05) of Section 1-3 of the Juvenile Court Act of
61987 as soon as is practically possible. To achieve this goal,
7the General Assembly directs the Department of Children and
8Family Services to conduct concurrent planning so that
9permanency may occur at the earliest opportunity. Permanent
10living arrangements may include prevention of placement of a
11child outside the home of the family when the child can be
12cared for at home without endangering the child's health or
13safety; reunification with the family, when safe and
14appropriate, if temporary placement is necessary; or movement
15of the child toward the most appropriate permanent living
16arrangement and permanent legal status.
17    When determining reasonable efforts to be made with
18respect to a child, as described in this subsection, and in
19making such reasonable efforts, the child's health and safety
20shall be the paramount concern.
21    When a child is placed in foster care, the Department
22shall ensure and document that reasonable efforts were made to
23prevent or eliminate the need to remove the child from the
24child's home. The Department must make reasonable efforts to
25reunify the family when temporary placement of the child
26occurs unless otherwise required, pursuant to the Juvenile

 

 

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1Court Act of 1987. At any time after the dispositional hearing
2where the Department believes that further reunification
3services would be ineffective, it may request a finding from
4the court that reasonable efforts are no longer appropriate.
5The Department is not required to provide further
6reunification services after such a finding.
7    A decision to place a child in substitute care shall be
8made with considerations of the child's health, safety, and
9best interests. The Department shall make reasonable efforts
10to place the child with a relative, document those reasonable
11efforts, and document reasons for any failure or inability to
12secure such a relative placement. If the primary issue
13preventing an emergency placement of a child with a relative
14is a lack of resources, including, but not limited to,
15concrete goods, safety modifications, and services, the
16Department shall make reasonable efforts to assist the
17relative in obtaining the necessary resources. At the time of
18placement, consideration should also be given so that if
19reunification fails or is delayed, the placement has the
20potential to be an appropriate permanent placement made is the
21best available placement to provide permanency for the child.
22    The Department shall adopt rules addressing concurrent
23planning for reunification and permanency. The Department
24shall consider the following factors when determining
25appropriateness of concurrent planning:
26        (1) the likelihood of prompt reunification;

 

 

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1        (2) the past history of the family;
2        (3) the barriers to reunification being addressed by
3    the family;
4        (4) the level of cooperation of the family;
5        (4.5) the child's wishes;
6        (5) the relative, kinship caregiver, or other foster
7    parents' willingness to work with the family to reunite;
8        (6) the willingness and ability of the relative,
9    kinship caregiver, or other foster family to provide a
10    permanent placement an adoptive home or long-term
11    placement;
12        (7) the age of the child;
13        (8) placement of siblings; and .
14        (9) the wishes of the parent or parents unless the
15    parental preferences jeopardize the health and safety of
16    the child.
17    (m) The Department may assume temporary custody of any
18child if:
19        (1) it has received a written consent to such
20    temporary custody signed by the parents of the child or by
21    the parent having custody of the child if the parents are
22    not living together or by the guardian or custodian of the
23    child if the child is not in the custody of either parent,
24    or
25        (2) the child is found in the State and neither a
26    parent, guardian nor custodian of the child can be

 

 

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1    located.
2If the child is found in the child's residence without a
3parent, guardian, custodian, or responsible caretaker, the
4Department may, instead of removing the child and assuming
5temporary custody, place an authorized representative of the
6Department in that residence until such time as a parent,
7guardian, or custodian enters the home and expresses a
8willingness and apparent ability to ensure the child's health
9and safety and resume permanent charge of the child, or until a
10relative enters the home and is willing and able to ensure the
11child's health and safety and assume charge of the child until
12a parent, guardian, or custodian enters the home and expresses
13such willingness and ability to ensure the child's safety and
14resume permanent charge. After a caretaker has remained in the
15home for a period not to exceed 12 hours, the Department must
16follow those procedures outlined in Section 2-9, 3-11, 4-8, or
175-415 of the Juvenile Court Act of 1987.
18    The Department shall have the authority, responsibilities
19and duties that a legal custodian of the child would have
20pursuant to subsection (9) of Section 1-3 of the Juvenile
21Court Act of 1987. Whenever a child is taken into temporary
22custody pursuant to an investigation under the Abused and
23Neglected Child Reporting Act, or pursuant to a referral and
24acceptance under the Juvenile Court Act of 1987 of a minor in
25limited custody, the Department, during the period of
26temporary custody and before the child is brought before a

 

 

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1judicial officer as required by Section 2-9, 3-11, 4-8, or
25-415 of the Juvenile Court Act of 1987, shall have the
3authority, responsibilities and duties that a legal custodian
4of the child would have under subsection (9) of Section 1-3 of
5the Juvenile Court Act of 1987.
6    The Department shall ensure that any child taken into
7custody is scheduled for an appointment for a medical
8examination.
9    A parent, guardian, or custodian of a child in the
10temporary custody of the Department who would have custody of
11the child if the child were not in the temporary custody of the
12Department may deliver to the Department a signed request that
13the Department surrender the temporary custody of the child.
14The Department may retain temporary custody of the child for
1510 days after the receipt of the request, during which period
16the Department may cause to be filed a petition pursuant to the
17Juvenile Court Act of 1987. If a petition is so filed, the
18Department shall retain temporary custody of the child until
19the court orders otherwise. If a petition is not filed within
20the 10-day period, the child shall be surrendered to the
21custody of the requesting parent, guardian, or custodian not
22later than the expiration of the 10-day period, at which time
23the authority and duties of the Department with respect to the
24temporary custody of the child shall terminate.
25    (m-1) The Department may place children under 18 years of
26age in a secure child care facility licensed by the Department

 

 

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1that cares for children who are in need of secure living
2arrangements for their health, safety, and well-being after a
3determination is made by the facility director and the
4Director or the Director's designate prior to admission to the
5facility subject to Section 2-27.1 of the Juvenile Court Act
6of 1987. This subsection (m-1) does not apply to a child who is
7subject to placement in a correctional facility operated
8pursuant to Section 3-15-2 of the Unified Code of Corrections,
9unless the child is a youth in care who was placed in the care
10of the Department before being subject to placement in a
11correctional facility and a court of competent jurisdiction
12has ordered placement of the child in a secure care facility.
13    (n) The Department may place children under 18 years of
14age in licensed child care facilities when in the opinion of
15the Department, appropriate services aimed at family
16preservation have been unsuccessful and cannot ensure the
17child's health and safety or are unavailable and such
18placement would be for their best interest. Payment for board,
19clothing, care, training and supervision of any child placed
20in a licensed child care facility may be made by the
21Department, by the parents or guardians of the estates of
22those children, or by both the Department and the parents or
23guardians, except that no payments shall be made by the
24Department for any child placed in a licensed child care
25facility for board, clothing, care, training, and supervision
26of such a child that exceed the average per capita cost of

 

 

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1maintaining and of caring for a child in institutions for
2dependent or neglected children operated by the Department.
3However, such restriction on payments does not apply in cases
4where children require specialized care and treatment for
5problems of severe emotional disturbance, physical disability,
6social adjustment, or any combination thereof and suitable
7facilities for the placement of such children are not
8available at payment rates within the limitations set forth in
9this Section. All reimbursements for services delivered shall
10be absolutely inalienable by assignment, sale, attachment, or
11garnishment or otherwise.
12    (n-1) The Department shall provide or authorize child
13welfare services, aimed at assisting minors to achieve
14sustainable self-sufficiency as independent adults, for any
15minor eligible for the reinstatement of wardship pursuant to
16subsection (2) of Section 2-33 of the Juvenile Court Act of
171987, whether or not such reinstatement is sought or allowed,
18provided that the minor consents to such services and has not
19yet attained the age of 21. The Department shall have
20responsibility for the development and delivery of services
21under this Section. An eligible youth may access services
22under this Section through the Department of Children and
23Family Services or by referral from the Department of Human
24Services. Youth participating in services under this Section
25shall cooperate with the assigned case manager in developing
26an agreement identifying the services to be provided and how

 

 

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

 

 

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1youth in care for placement, affords those rights to children
2and caregivers with whom those youth are placed foster
3families. The Department shall accept for administrative
4review and an appeal hearing a complaint made by (i) a child or
5caregiver with whom the youth is placed foster family
6concerning a decision following an initial review by a private
7child welfare agency, or (ii) a prospective subsidized
8guardian or adoptive parent who alleges a violation of
9subsection (j-5) of this Section, or (iii) a prospective
10kinship caregiver who alleges a violation of Section 3.4 of
11the Child Care Act of 1969. An appeal of a decision concerning
12a change in the placement of a child shall be conducted in an
13expedited manner. A court determination that a current foster
14home placement is necessary and appropriate under Section 2-28
15of the Juvenile Court Act of 1987 does not constitute a
16judicial determination on the merits of an administrative
17appeal, filed by a former caregiver foster parent, involving a
18change 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 the Guardianship
19    Administrator's designee must approve disbursements from
20    children's accounts. The Department shall be responsible
21    for keeping complete records of all disbursements for each
22    account for any 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

 

 

HB4781- 29 -LRB103 38607 KTG 68743 b

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 the child's 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 in any
7substitute care setting with a prospective adoptive parent or
8parents, in a licensed foster home, group home, or child care
9institution, or in a relative home, the Department shall
10provide to the prospective caregiver adoptive parent or
11parents or other caretaker:
12        (1) available detailed information concerning the
13    child's educational and health history, copies of
14    immunization records (including insurance and medical card
15    information), a history of the child's previous
16    placements, if any, and reasons for placement changes
17    excluding any information that identifies or reveals the
18    location of any previous caregiver caretaker;
19        (2) a copy of the child's portion of the client
20    service plan, including any visitation arrangement, and
21    all amendments or revisions to it as related to the child;
22    and
23        (3) information containing details of the child's
24    individualized educational plan when the child is
25    receiving special education services.
26    The caregiver caretaker shall be informed of any known

 

 

HB4781- 32 -LRB103 38607 KTG 68743 b

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

 

 

HB4781- 33 -LRB103 38607 KTG 68743 b

1provided to the prospective caregiver adoptive parent or
2parents or other caretaker shall be reviewed and approved
3regarding accuracy at the supervisory level.
4    (u-5) Effective July 1, 1995, only foster care placements
5licensed as foster family homes pursuant to the Child Care Act
6of 1969 shall be eligible to receive foster care payments from
7the Department. Beginning July 1, 2024, relatives who qualify
8for certification as a kinship caregiver home under Section
93.4 of the Child Care Act of 1969 shall be eligible to receive
10foster care maintenance payments from the Department in an
11amount no less than payments made to unrelated foster family
12homes. Beginning January 1, 2025, relative homes providing
13care to a child placed by the Department that are not certified
14as a kinship caregiver home under Section 3.4 of the Child Care
15Act of 1969 or a licensed foster family home shall be eligible
16to receive payments from the Department in an amount no less
1790% of the payments made to kinship caregiver homes. Relative
18caregivers who, as of July 1, 1995, were approved pursuant to
19approved relative placement rules previously promulgated by
20the Department at 89 Ill. Adm. Code 335 and had submitted an
21application for licensure as a foster family home may continue
22to receive foster care payments only until the Department
23determines that they may be licensed as a foster family home or
24that their application for licensure is denied or until
25September 30, 1995, whichever occurs first.
26    (u-6) To assist relatives and kinship caregivers, the

 

 

HB4781- 34 -LRB103 38607 KTG 68743 b

1Department shall develop and implement a support program, as
2follows:
3        (1) For relatives and kinship caregivers, the
4    Department is authorized to reimburse or prepay reasonable
5    expenditures to remedy home conditions necessary to
6    fulfill the safety-related requirements of kinship
7    caregiver homes.
8        (2) The Department may provide short-term emergency
9    funds to relatives and kinship caregiver homes
10    experiencing extreme hardships due to the difficulty and
11    stress associated with adding youth in care as new
12    household members. The program shall be funded through
13    appropriations from the General Revenue Fund, specifically
14    designated for such purposes.
15        (3) Consistent with federal law, the Department shall
16    include in any State Plan made in accordance with the
17    Adoption Assistance and Child Welfare Act of 1980, Titles
18    IV-E and XIX of the Social Security, and any other
19    applicable federal laws the provision of kinship navigator
20    program services for which the federal government pays
21    some or all of the cost to support relatives and kinship
22    caregivers of youth in care. The Department shall apply
23    for and administer all relevant federal aid in accordance
24    with law. Federal funds acquired for the kinship navigator
25    program shall be used for the development, implementation,
26    and operation of kinship navigator program services. The

 

 

HB4781- 35 -LRB103 38607 KTG 68743 b

1    kinship navigator program services shall provide
2    information, referral services, support, and assistance to
3    relatives and kinship caregivers of youth in care to
4    address their unique needs and challenges. Until the
5    Department is approved to receive federal funds for these
6    purposes, the Department shall provide quarterly updates
7    to the General Assembly on the Department's progress in
8    pursuing federal funding.
9    (u-7) To support finding permanency for children through
10subsidized guardianship and to prevent disruption in
11guardianship placements, the Department shall establish and
12maintain accessible subsidized guardianship support services
13for all children under 18 years of age placed in guardianship
14who, immediately preceding the guardianship, were in the
15custody or guardianship of the Department under Article II of
16the Juvenile Court Act of 1987 and all children residing in
17this State placed in guardianship in accordance with the
18Interstate Compact on Placement of Children Act.
19    The Department shall establish and maintain a toll-free
20number to respond to requests from the public about its
21subsidized guardianship support services under this subsection
22and shall staff the toll-free number so that calls are
23answered on a timely basis, but in no event more than one
24business day after the receipt of a request. To meet this
25obligation, the Department may utilize the same toll-free
26number the Department operates to respond to post-adoption

 

 

HB4781- 36 -LRB103 38607 KTG 68743 b

1requests under subsection (b-5) of Section 18.9 of the
2Adoption Act. The Department shall publicize information about
3the Department's subsidized guardianship support services and
4toll-free number as follows:
5        (1) it shall post information on the Department's
6    website;
7        (2) it shall provide the information to every licensed
8    child welfare agency and any entity providing subsidized
9    guardianship support services in Illinois courts;
10        (3) it shall reference such information in the
11    materials the Department provides to relative and kinship
12    caregivers pursuing subsidized guardianship to inform them
13    of their rights and responsibilities under the Child Care
14    Act of 1969 and the Children and Family Services Act;
15        (4) it shall provide the information, including the
16    Department's Post Adoption and Guardianship Services
17    booklet, to eligible caregivers as part of its
18    guardianship training and at the time they are presented
19    with the Permanency Commitment form;
20        (5) it shall include, in each annual notification
21    letter mailed to subsidized guardians, a short, 2-sided
22    flier or news bulletin in plain language that describes
23    access to post-guardianship finalization services, how to
24    access services under the Family Support Program, formerly
25    known as the Individual Care Grant Program, the webpage
26    address to the Post Adoption and Guardianship Services

 

 

HB4781- 37 -LRB103 38607 KTG 68743 b

1    booklet, information on how to request that a copy of the
2    booklet be mailed, and a sticker or magnet that includes
3    the toll-free number to access the Department's subsidized
4    guardianship support services; and
5        (6) it shall ensure that kinship navigator programs of
6    this State have this information to include in materials
7    the programs provide to kinship caregivers.
8    The Department shall review and update annually all
9information relating to its subsidized guardianship support
10services, including its Post Adoption and Guardianship
11Services booklet, to include updated information on Family
12Support Program services eligibility and subsidized
13guardianship support services that are available through the
14medical assistance program established under Article V of the
15Illinois Public Aid Code or any other State program for mental
16health services. The Department and the Department of
17Healthcare and Family Services shall coordinate their efforts
18in the development of these resources.
19    Every licensed child welfare agency and any entity
20providing kinship navigator programs funded by the Department
21shall provide the Department's website address and link to the
22Department's subsidized guardianship support services
23information set forth in subsection (d), including the
24Department's toll-free number, to every relative who is or
25will be providing guardianship placement for a child placed by
26the Department. Beginning January 1, 2025, this information

 

 

HB4781- 38 -LRB103 38607 KTG 68743 b

1shall be provided prior to placement.
2    (v) The Department shall access criminal history record
3information as defined in the Illinois Uniform Conviction
4Information Act and information maintained in the adjudicatory
5and dispositional record system as defined in Section 2605-355
6of the Illinois State Police Law if the Department determines
7the information is necessary to perform its duties under the
8Abused and Neglected Child Reporting Act, the Child Care Act
9of 1969, and the Children and Family Services Act. The
10Department shall provide for interactive computerized
11communication and processing equipment that permits direct
12on-line communication with the Illinois State Police's central
13criminal history data repository. The Department shall comply
14with all certification requirements and provide certified
15operators who have been trained by personnel from the Illinois
16State Police. In addition, one Office of the Inspector General
17investigator shall have training in the use of the criminal
18history information access system and have access to the
19terminal. The Department of Children and Family Services and
20its employees shall abide by rules and regulations established
21by the Illinois State Police relating to the access and
22dissemination of this information.
23    (v-1) Prior to final approval for placement of a child
24with a foster or adoptive parent, the Department shall conduct
25a criminal records background check of the prospective foster
26or adoptive parent, including fingerprint-based checks of

 

 

HB4781- 39 -LRB103 38607 KTG 68743 b

1national crime information databases. Final approval for
2placement shall not be granted if the record check reveals a
3felony conviction for child abuse or neglect, for spousal
4abuse, for a crime against children, or for a crime involving
5violence, including rape, sexual assault, or homicide, but not
6including other physical assault or battery, or if there is a
7felony conviction for physical assault, battery, or a
8drug-related offense committed within the past 5 years.
9    (v-2) Prior to final approval for placement of a child
10with a foster or adoptive parent, the Department shall check
11its child abuse and neglect registry for information
12concerning prospective foster and adoptive parents, and any
13adult living in the home. If any prospective foster or
14adoptive parent or other adult living in the home has resided
15in another state in the preceding 5 years, the Department
16shall request a check of that other state's child abuse and
17neglect registry.
18    (v-3) Prior to the final approval for placement of a child
19in a relative home as defined in Section 2.38 of the Child Care
20Act of 1969 or a kinship caregiver home as defined in Section
212.37 of the Child Care Act of 1969, the Department shall ensure
22that background screening meets the standards required under
23subsection (c) of Section 3.4 of the Child Care Act of 1969.
24    (w) (Blank). Within 120 days of August 20, 1995 (the
25effective date of Public Act 89-392), the Department shall
26prepare and submit to the Governor and the General Assembly, a

 

 

HB4781- 40 -LRB103 38607 KTG 68743 b

1written plan for the development of in-state licensed secure
2child care facilities that care for children who are in need of
3secure living arrangements for their health, safety, and
4well-being. For purposes of this subsection, secure care
5facility shall mean a facility that is designed and operated
6to ensure that all entrances and exits from the facility, a
7building or a distinct part of the building, are under the
8exclusive control of the staff of the facility, whether or not
9the child has the freedom of movement within the perimeter of
10the facility, building, or distinct part of the building. The
11plan shall include descriptions of the types of facilities
12that are needed in Illinois; the cost of developing these
13secure care facilities; the estimated number of placements;
14the potential cost savings resulting from the movement of
15children currently out-of-state who are projected to be
16returned to Illinois; the necessary geographic distribution of
17these facilities in Illinois; and a proposed timetable for
18development of such facilities.
19    (x) The Department shall conduct annual credit history
20checks to determine the financial history of children placed
21under its guardianship pursuant to the Juvenile Court Act of
221987. The Department shall conduct such credit checks starting
23when a youth in care turns 12 years old and each year
24thereafter for the duration of the guardianship as terminated
25pursuant to the Juvenile Court Act of 1987. The Department
26shall determine if financial exploitation of the child's

 

 

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1personal information has occurred. If financial exploitation
2appears to have taken place or is presently ongoing, the
3Department shall notify the proper law enforcement agency, the
4proper State's Attorney, or the Attorney General.
5    (y) Beginning on July 22, 2010 (the effective date of
6Public Act 96-1189), a child with a disability who receives
7residential and educational services from the Department shall
8be eligible to receive transition services in accordance with
9Article 14 of the School Code from the age of 14.5 through age
1021, inclusive, notwithstanding the child's residential
11services arrangement. For purposes of this subsection, "child
12with a disability" means a child with a disability as defined
13by the federal Individuals with Disabilities Education
14Improvement Act of 2004.
15    (z) The Department shall access criminal history record
16information as defined as "background information" in this
17subsection and criminal history record information as defined
18in the Illinois Uniform Conviction Information Act for each
19Department employee or Department applicant. Each Department
20employee or Department applicant shall submit the employee's
21or applicant's fingerprints to the Illinois State Police in
22the form and manner prescribed by the Illinois State Police.
23These fingerprints shall be checked against the fingerprint
24records now and hereafter filed in the Illinois State Police
25and the Federal Bureau of Investigation criminal history
26records databases. The Illinois State Police shall charge a

 

 

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

 

 

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1employee coded or certified within the State of Illinois
2Personnel System.
3    "Department applicant" means an individual who has
4conditional Department full-time or part-time work, a
5contractor, an individual used to replace or supplement staff,
6an academic intern, a volunteer in Department offices or on
7Department contracts, a work-study student, an individual or
8entity licensed by the Department, or an unlicensed service
9provider who works as a condition of a contract or an agreement
10and whose work may bring the unlicensed service provider into
11contact with Department clients or client records.
12(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
13102-1014, eff. 5-27-22; 103-22, eff. 8-8-23; 103-50, eff.
141-1-24; 103-546, eff. 8-11-23; revised 9-25-23.)
 
15    (20 ILCS 505/6a)  (from Ch. 23, par. 5006a)
16    Sec. 6a. Case plan.
17    (a) With respect to each Department client for whom the
18Department is providing placement service, the Department
19shall develop a case plan designed to stabilize the family
20situation and prevent placement of a child outside the home of
21the family when the child can be cared for at home without
22endangering the child's health or safety, reunify the family
23if temporary placement is necessary when safe and appropriate,
24or move the child toward an appropriate the most permanent
25living arrangement and permanent legal status, using the

 

 

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1factors set forth in subsection (4.05) of Section 1-3 of the
2Juvenile Court Act of 1987. Such case plan shall provide for
3the utilization of family preservation services as defined in
4Section 8.2 of the Abused and Neglected Child Reporting Act.
5Such case plan shall be reviewed and updated every 6 months.
6The Department shall ensure that incarcerated parents are able
7to participate in case plan reviews via teleconference or
8videoconference. Where appropriate, the case plan shall
9include recommendations concerning alcohol or drug abuse
10evaluation.
11    If the parent is incarcerated, the case plan must address
12the tasks that must be completed by the parent and how the
13parent will participate in the administrative case review and
14permanency planning hearings and, wherever possible, must
15include treatment that reflects the resources available at the
16facility where the parent is confined. The case plan must
17provide for visitation opportunities, unless visitation is not
18in the best interests of the child.
19    (b) The Department may enter into written agreements with
20child welfare agencies to establish and implement case plan
21demonstration projects. The demonstration projects shall
22require that service providers develop, implement, review and
23update client case plans. The Department shall examine the
24effectiveness of the demonstration projects in promoting the
25family reunification or the permanent placement of each client
26and shall report its findings to the General Assembly no later

 

 

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1than 90 days after the end of the fiscal year in which any such
2demonstration project is implemented.
3(Source: P.A. 99-836, eff. 1-1-17.)
 
4    (20 ILCS 505/7)  (from Ch. 23, par. 5007)
5    Sec. 7. Placement of children; considerations.
6    (a) In placing any child under this Act, the Department
7shall place the child, as far as possible, in the care and
8custody of some individual holding the same religious belief
9as the parents of the child, or with some child care facility
10which is operated by persons of like religious faith as the
11parents of such child.
12    (a-5) In placing a child under this Act, the Department
13shall place the child with the child's sibling or siblings
14under Section 7.4 of this Act unless the placement is not in
15each child's best interest, or is otherwise not possible under
16the Department's rules. If the child is not placed with a
17sibling under the Department's rules, the Department shall
18consider placements that are likely to develop, preserve,
19nurture, and support sibling relationships, where doing so is
20in each child's best interest.
21    (b) In placing a child under this Act, the Department
22shall may place a child with a relative if the Department
23determines that the relative will be able to adequately
24provide for the child's safety and welfare based on the
25factors set forth in the Department's rules governing such

 

 

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

 

 

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1file, inform the identified relative of the relative's rights
2under Section 1-5 of the Juvenile Court Act of 1987, report
3this information to the court in accordance with the
4requirements of Section 2-28 of the Juvenile Court Act of
51987, and report the reason for denial in accordance with
6Section 50 of this Act.
7    If, pursuant to the Department's rules, any person files
8an administrative appeal of the Department's decision not to
9place a child with a relative, it is the Department's burden to
10prove that the decision is consistent with the child's best
11interests. The Department shall report information related to
12these appeals pursuant to Section 50 of this Act.
13    When the Department determines that the child requires
14placement in an environment, other than a home environment,
15the Department shall continue to make reasonable efforts to
16identify and locate relatives to serve as visitation resources
17for the child and potential future placement resources unless
18and until excused by the court. , except when the Department
19determines that those efforts would be futile or inconsistent
20with the child's best interests.
21    If the Department determines that efforts to identify and
22locate relatives would be futile or inconsistent with the
23child's best interests, the Department shall document the
24basis of its determination and maintain the documentation in
25the child's case file.
26    If the Department determines that an individual or a group

 

 

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1of relatives are inappropriate to serve as visitation
2resources or possible placement resources, the Department
3shall document the basis of its determination, and maintain
4the documentation in the child's case file, inform the
5identified relative of the relative's rights under Section 1-5
6of the Juvenile Court Act of 1987, and report this information
7to the court in accordance with the requirements of Section
82-28 of the Juvenile Court Act of 1987.
9    When the Department determines that an individual or a
10group of relatives are appropriate to serve as visitation
11resources or current or possible future placement resources,
12the Department shall document the basis of its determination,
13maintain the documentation in the child's case file, create a
14visitation or transition plan, or both, and incorporate the
15visitation or transition plan, or both, into the child's case
16plan. The Department shall report this information to the
17court as part of the Department's family finding efforts
18required under Section 2-28 of the Juvenile Court Act of 1987.
19For the purpose of this subsection, any determination as to
20the child's best interests shall include consideration of the
21factors set out in subsection (4.05) of Section 1-3 of the
22Juvenile Court Act of 1987.
23    The Department may not place a child with a relative
24unless the home meets the minimum standards for background
25screening required under subsection (c) of Section 3.4 of the
26Child Care Act of 1969. , with the exception of certain

 

 

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1circumstances which may be waived as defined by the Department
2in rules, if the results of a check of the Law Enforcement
3Agencies Data System (LEADS) identifies a prior criminal
4conviction of the relative or any adult member of the
5relative's household for any of the following offenses under
6the Criminal Code of 1961 or the Criminal Code of 2012:
7        (1) murder;
8        (1.1) solicitation of murder;
9        (1.2) solicitation of murder for hire;
10        (1.3) intentional homicide of an unborn child;
11        (1.4) voluntary manslaughter of an unborn child;
12        (1.5) involuntary manslaughter;
13        (1.6) reckless homicide;
14        (1.7) concealment of a homicidal death;
15        (1.8) involuntary manslaughter of an unborn child;
16        (1.9) reckless homicide of an unborn child;
17        (1.10) drug-induced homicide;
18        (2) a sex offense under Article 11, except offenses
19    described in Sections 11-7, 11-8, 11-12, 11-13, 11-35,
20    11-40, and 11-45;
21        (3) kidnapping;
22        (3.1) aggravated unlawful restraint;
23        (3.2) forcible detention;
24        (3.3) aiding and abetting child abduction;
25        (4) aggravated kidnapping;
26        (5) child abduction;

 

 

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1        (6) aggravated battery of a child as described in
2    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
3        (7) criminal sexual assault;
4        (8) aggravated criminal sexual assault;
5        (8.1) predatory criminal sexual assault of a child;
6        (9) criminal sexual abuse;
7        (10) aggravated sexual abuse;
8        (11) heinous battery as described in Section 12-4.1 or
9    subdivision (a)(2) of Section 12-3.05;
10        (12) aggravated battery with a firearm as described in
11    Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
12    (e)(4) of Section 12-3.05;
13        (13) tampering with food, drugs, or cosmetics;
14        (14) drug-induced infliction of great bodily harm as
15    described in Section 12-4.7 or subdivision (g)(1) of
16    Section 12-3.05;
17        (15) aggravated stalking;
18        (16) home invasion;
19        (17) vehicular invasion;
20        (18) criminal transmission of HIV;
21        (19) criminal abuse or neglect of an elderly person or
22    person with a disability as described in Section 12-21 or
23    subsection (b) of Section 12-4.4a;
24        (20) child abandonment;
25        (21) endangering the life or health of a child;
26        (22) ritual mutilation;

 

 

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1        (23) ritualized abuse of a child;
2        (24) an offense in any other state the elements of
3    which are similar and bear a substantial relationship to
4    any of the foregoing offenses.
5    For the purpose of this subsection, "relative" has the
6meaning ascribed to that term in Section 2.36 of the Child Care
7Act of 1969. An eligible relative with whom a child is placed
8in accordance with this subsection may, but is not required
9to, apply for certification as a kinship caregiver home in
10accordance with Section 3.4 of the Child Care Act of 1969;
11however, as of July 1, 2024, kinship caregiver payments shall
12be made to kinship caregiver homes as provided under Section 5
13of this Act. shall include any person, 21 years of age or over,
14other than the parent, who (i) is currently related to the
15child in any of the following ways by blood or adoption:
16grandparent, sibling, great-grandparent, parent's sibling,
17sibling's child, first cousin, second cousin, godparent, or
18grandparent's sibling; or (ii) is the spouse of such a
19relative; or (iii) is the child's step-parent, or adult
20step-sibling; or (iv) is a fictive kin; "relative" also
21includes a person related in any of the foregoing ways to a
22sibling of a child, even though the person is not related to
23the child, when the child and the child's sibling are placed
24together with that person. For children who have been in the
25guardianship of the Department, have been adopted, and are
26subsequently returned to the temporary custody or guardianship

 

 

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1of the Department, a "relative" may also include any person
2who would have qualified as a relative under this paragraph
3prior to the adoption, but only if the Department determines,
4and documents, that it would be in the child's best interests
5to consider this person a relative, based upon the factors for
6determining best interests set forth in subsection (4.05) of
7Section 1-3 of the Juvenile Court Act of 1987. A relative with
8whom a child is placed pursuant to this subsection may, but is
9not required to, apply for licensure as a foster family home
10pursuant to the Child Care Act of 1969; provided, however,
11that as of July 1, 1995, foster care payments shall be made
12only to licensed foster family homes pursuant to the terms of
13Section 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 (i) ensure that the
22child's health, safety, and best interests are met, (ii)
23inform the identified relative of the relative's rights under
24Section 1-5 of the Juvenile Court Act of 1987, (iii) report
25that the Department rejected the relative placement to the
26court in accordance with the requirements of Section 2-28 of

 

 

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1the Juvenile Court Act of 1987, and report the reason for
2denial in accordance with Section 50. In evaluating the best
3interests of the child, the Department shall take into
4consideration the factors set forth in subsection (4.05) of
5Section 1-3 of the Juvenile Court Act of 1987.
6    The Department shall consider the individual needs of the
7child and the capacity of the relative, kinship caregivers, or
8prospective foster or adoptive parents to meet the needs of
9the child. When a child must be placed outside the child's home
10and cannot be immediately returned to the child's parents or
11guardian, a comprehensive, individualized assessment shall be
12performed of that child at which time the needs of the child
13shall be determined. Only if race, color, or national origin
14is identified as a legitimate factor in advancing the child's
15best interests shall it be considered. Race, color, or
16national origin shall not be routinely considered in making a
17placement decision. The Department shall make special efforts
18for the diligent recruitment of potential foster and adoptive
19families that reflect the ethnic and racial diversity of the
20children for whom foster and adoptive homes are needed.
21"Special efforts" shall include contacting and working with
22community organizations and religious organizations and may
23include contracting with those organizations, utilizing local
24media and other local resources, and conducting outreach
25activities.
26    (c-1) At the time of placement, the Department shall

 

 

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1consider concurrent planning, as described in subsection (l-1)
2of Section 5, so that permanency may occur at the earliest
3opportunity. Consideration should be given so that if
4reunification fails or is delayed, the placement made is the
5best available placement to provide permanency for the child.
6To the extent that doing so is in the child's best interests as
7set forth in subsection (4.05) of Section 1-3 of the Juvenile
8Court Act of 1987, the Department should consider placements
9that will permit the child to maintain a meaningful
10relationship with the child's parents.
11    (d) The Department may accept gifts, grants, offers of
12services, and other contributions to use in making special
13recruitment efforts.
14    (e) The Department in placing children in relative,
15kinship caregiver, adoptive, or foster care homes may not, in
16any policy or practice relating to the placement of children
17for adoption or foster care, discriminate against any child or
18prospective caregiver adoptive or foster parent on the basis
19of race.
20(Source: P.A. 103-22, eff. 8-8-23.)
 
21    (20 ILCS 505/7.3)
22    Sec. 7.3. Placement plan. The Department shall develop and
23implement a written plan for placing children. The plan shall
24include at least the following features:
25        (1) A plan for recruiting minority adoptive and foster

 

 

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1    families. The plan shall include strategies for using
2    existing resources in minority communities, use of
3    minority outreach staff whenever possible, use of minority
4    foster homes for placements after birth and before
5    adoption, and other techniques as appropriate.
6        (2) A plan for training adoptive and foster families
7    of minority children.
8        (3) A plan for employing social workers in adoption
9    and foster care. The plan shall include staffing goals and
10    objectives.
11        (4) A plan for ensuring that adoption and foster care
12    workers attend training offered or approved by the
13    Department regarding the State's goal of encouraging
14    cultural diversity and the needs of special needs
15    children.
16        (5) A plan that includes policies and procedures for
17    determining for each child requiring placement outside of
18    the child's home, and who cannot be immediately returned
19    to the child's parents or guardian, the placement needs of
20    that child. In the rare instance when an individualized
21    assessment identifies, documents, and substantiates that
22    race, color, or national origin is a factor that needs to
23    be considered in advancing a particular child's best
24    interests, it shall be considered in making a placement.
25        (6) A plan for improving the certification of relative
26    homes as kinship caregiver homes, including establishing

 

 

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1    and expanding access to a kinship navigator, providing an
2    effective process for ensuring relatives are informed of
3    the benefits of kinship caregiver home certification under
4    Section 3.4 of the Child Care Act of 1969, and tailoring
5    kinship caregiver home certification standards that are
6    appropriately distinct from foster home licensure
7    standards.
8    Beginning July 1, 2025 and every 3 years thereafter, the
9plans required under this Section 7.3 shall be evaluated by
10the Department and revised based on the findings of that
11evaluation.
12(Source: P.A. 103-22, eff. 8-8-23.)
 
13    (20 ILCS 505/50 new)
14    Sec. 50. Annual reports regarding relative and kinship
15care placements. Beginning January 1, 2025, and annually
16thereafter, the Department shall post on its website data from
17the preceding State fiscal year regarding:
18        (1) the number of youth in care who exited to
19    permanency through guardianship specifying the length of
20    stay in out-of-home care or whether the type of
21    guardianship was private guardianship and subsidized for
22    each case;
23        (2) number of youth with the permanency goal of
24    guardianship, adoption, and with the concurrent goals of
25    guardianship and adoption;

 

 

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1        (3) the number of youth in care placed in non-relative
2    licensed care who exited non-relative care for placement
3    in either a relative home as defined in 2.38 of the Child
4    Care Act of 1969 or a kinship caregiver home as defined in
5    Section 2.37 of the Child Care Act of 1969;
6        (4) the number of homes that successfully became a
7    kinship caregiver home in accordance with Section 3.4 of
8    the Child Care Act of 1969;
9        (5) the number of youth in care who had been placed in
10    relative care who exited relative placement for placement
11    in non-related licensed care during the State fiscal year
12    and the placement disruption reason;
13        (6) the number of homes assessed by the Department for
14    certification as a kinship caregiver home in accordance
15    with Section 3.4 of the Child Care Act of 1969 that the
16    Department did not certify, the reason or reasons the
17    Department did not certify those homes for the designation
18    as a kinship caregiver home, and whether the youth who
19    would have been placed in that kinship caregiver home were
20    placed or remained in non-relative licensed care
21    placement. Data regarding the reason certification did not
22    occur shall include and indicate that a relative elected
23    not to complete the certification because the relative
24    identified the certification process to be onerous;
25        (7) the number of waivers that the Department granted
26    and denied for the permissible circumstances defined in

 

 

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1    the Department rules for placements with relative and
2    kinship caregivers; and
3        (8) the number of appeals of the Department's
4    decisions not to place a child with a relative as
5    permitted under subsection (b) of Section 7 and the number
6    of those appeals that were overturned and affirmed. For
7    data related to each appeal, the Department shall indicate
8    whether the child resides in a licensed non-relative
9    placement or in the home of a relative at the time of the
10    appeal, the reason for the Department's denial of the
11    placement with the relative, and the outcome associated
12    with each appeal.
13    The Department shall include a description of the
14methodology the Department used to collect the information for
15paragraphs (1) through (8), indicate whether the Department
16had any difficulties collecting the information, and indicate
17whether there are concerns about the validity of the
18information. If any of the data elements required to be
19disclosed under this Section could reveal a youth's identity
20if revealed in combination with all the identifying
21information due to small sample size, the Department shall
22exclude the data elements that could be used to identify the
23youth so that the data can be included as part of a larger
24sample and report that the data was excluded for this reason.
 
25    (20 ILCS 505/55 new)

 

 

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1    Sec. 55. Performance audits. One year after the effective
2date of this amendatory Act of the 103rd General Assembly, the
3Auditor General shall commence a performance audit of the
4Department to determine whether the Department is meeting the
5requirements established by this amendatory Act of the 103rd
6General Assembly under Sections 4d, 5, 6a, 7, 7.3, 50, and 55
7of this Act, Sections 2.17, 2.36, 2.37, 2.38, 2.39, 3.4, 4,
84.3, 7.3, and 7.4 of the Child Care Act of 1969, Sections 1-3,
91-5, 2-9, 2-10, 2-13, 2-21, 2-22, 2-23, 2-27, and 2-28 of the
10Juvenile Court Act of 1987, and Section 15.1 of the Adoption
11Act. Within 2 years after the audit's release, the Auditor
12General shall commence a follow-up performance audit to
13determine whether the Department has implemented the
14recommendations contained in the initial performance audit.
15Upon completion of each audit, the Auditor General shall
16report its findings to the General Assembly. The Auditor
17General's reports shall include any issues or deficiencies and
18recommendations. The audits required by this Section shall be
19in accordance with and subject to the Illinois State Auditing
20Act.
 
21    Section 10. The Child Care Act of 1969 is amended by
22changing Sections 2.05, 2.17, 2.35, 4, 5, 4.3, and 7.3 and by
23adding Sections 2.36, 2.37, 2.38, 2.39, 3.4, and 7.4 as
24follows:
 

 

 

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1    (225 ILCS 10/2.05)  (from Ch. 23, par. 2212.05)
2    Sec. 2.05. "Facility for child care" or "child care
3facility" means any person, group of persons, agency,
4association, organization, corporation, institution, center,
5or group, whether established for gain or otherwise, who or
6which receives or arranges for care or placement of one or more
7children, unrelated to the operator of the facility, apart
8from the parents, with or without the transfer of the right of
9custody in any facility as defined in this Act, established
10and maintained for the care of children. "Child care facility"
11includes a relative, as defined in Section 2.36 2.17 of this
12Act, who is licensed as a foster family home under Section 4 of
13this Act.
14(Source: P.A. 98-804, eff. 1-1-15.)
 
15    (225 ILCS 10/2.17)  (from Ch. 23, par. 2212.17)
16    Sec. 2.17. "Foster family home" means the home of an
17individual or family:
18    (1) that is licensed or approved by the state in which it
19is situated as a foster family home that meets the standards
20established for the licensing or approval; and
21    (2) in which a child in foster care has been placed in the
22care of an individual who resides with the child and who has
23been licensed or approved by the state to be a foster parent
24and:
25        (A) who the Department of Children and Family Services

 

 

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1    deems capable of adhering to the reasonable and prudent
2    parent standard;
3        (B) who provides 24-hour substitute care for children
4    placed away from their parents or other caretakers; and
5    (3) who provides the care for no more than 6 children,
6except the Director of Children and Family Services, pursuant
7to Department regulations, may waive the numerical limitation
8of foster children who may be cared for in a foster family home
9for any of the following reasons to allow: (i) a parenting
10youth in foster care to remain with the child of the parenting
11youth; (ii) siblings to remain together; (iii) a child with an
12established meaningful relationship with the family to remain
13with the family; or (iv) a family with special training or
14skills to provide care to a child who has a severe disability.
15The family's or relative's own children, under 18 years of
16age, shall be included in determining the maximum number of
17children served.
18    For purposes of this Section, a "relative" includes any
19person, 21 years of age or over, other than the parent, who (i)
20is currently related to the child in any of the following ways
21by blood or adoption: grandparent, sibling, great-grandparent,
22uncle, aunt, nephew, niece, first cousin, great-uncle, or
23great-aunt; or (ii) is the spouse of such a relative; or (iii)
24is a child's step-father, step-mother, or adult step-brother
25or step-sister; or (iv) is a fictive kin; "relative" also
26includes a person related in any of the foregoing ways to a

 

 

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1sibling of a child, even though the person is not related to
2the child, when the child and its sibling are placed together
3with that person. For purposes of placement of children
4pursuant to Section 7 of the Children and Family Services Act
5and for purposes of licensing requirements set forth in
6Section 4 of this Act, for children under the custody or
7guardianship of the Department pursuant to the Juvenile Court
8Act of 1987, after a parent signs a consent, surrender, or
9waiver or after a parent's rights are otherwise terminated,
10and while the child remains in the custody or guardianship of
11the Department, the child is considered to be related to those
12to whom the child was related under this Section prior to the
13signing of the consent, surrender, or waiver or the order of
14termination of parental rights.
15    The term "foster family home" includes homes receiving
16children from any State-operated institution for child care;
17or from any agency established by a municipality or other
18political subdivision of the State of Illinois authorized to
19provide care for children outside their own homes. The term
20"foster family home" does not include an "adoption-only home"
21as defined in Section 2.23, a "kinship caregiver home" as
22defined in Section 2.37, or a "relative home" as defined in
23Section 2.38 of this Act. The types of foster family homes are
24defined as follows:
25        (a) "Boarding home" means a foster family home which
26    receives payment for regular full-time care of a child or

 

 

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1    children.
2        (b) "Free home" means a foster family home other than
3    an adoptive home which does not receive payments for the
4    care of a child or children.
5        (c) "Adoptive home" means a foster family home which
6    receives a child or children for the purpose of adopting
7    the child or children, but does not include an
8    adoption-only home.
9        (d) "Work-wage home" means a foster family home which
10    receives a child or children who pay part or all of their
11    board by rendering some services to the family not
12    prohibited by the Child Labor Law or by standards or
13    regulations of the Department prescribed under this Act.
14    The child or children may receive a wage in connection
15    with the services rendered the foster family.
16        (e) "Agency-supervised home" means a foster family
17    home under the direct and regular supervision of a
18    licensed child welfare agency, of the Department of
19    Children and Family Services, of a circuit court, or of
20    any other State agency which has authority to place
21    children in child care facilities, and which receives no
22    more than 6 8 children, unless of common parentage, who
23    are placed and are regularly supervised by one of the
24    specified agencies.
25        (f) "Independent home" means a foster family home,
26    other than an adoptive home, which receives no more than 4

 

 

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1    children, unless of common parentage, directly from
2    parents, or other legally responsible persons, by
3    independent arrangement and which is not subject to direct
4    and regular supervision of a specified agency except as
5    such supervision pertains to licensing by the Department.
6        (g) "Host home" means an emergency foster family home
7    under the direction and regular supervision of a licensed
8    child welfare agency, contracted to provide short-term
9    crisis intervention services to youth served under the
10    Comprehensive Community-Based Youth Services program,
11    under the direction of the Department of Human Services.
12    The youth shall not be under the custody or guardianship
13    of the Department pursuant to the Juvenile Court Act of
14    1987.
15(Source: P.A. 102-688, eff. 7-1-22; 103-564, eff. 11-17-23.)
 
16    (225 ILCS 10/2.35)
17    Sec. 2.35. Qualified residential treatment program.
18"Qualified residential treatment program" means a program
19that:
20        (1) has a trauma-informed treatment model that is
21    designed to address the needs, including clinical needs as
22    appropriate, of children with serious emotional or
23    behavioral disorders or disturbances and, with respect to
24    a child, is able to implement the treatment identified for
25    the child by the assessment of the child required under 42

 

 

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1    U.S.C. 675a(c);
2        (2) whether by acquisition of direct employment or
3    otherwise, has registered or licensed nursing staff and
4    other licensed clinical staff who:
5            (A) provide care within the scope of their
6        practice as defined by law;
7            (B) are located on-site; and
8            (C) are available 24 hours a day, 7 days a week;
9        (3) to the extent appropriate, and in accordance with
10    the child's best interests, facilitates participation of
11    family members in the child's treatment program;
12        (4) facilitates outreach to the family members of the
13    child, including siblings, documents how the outreach is
14    made, including contact information, and maintains contact
15    information for any known biological family and fictive
16    kin of the child;
17        (5) documents how family members are integrated into
18    the treatment process for the child, including
19    post-discharge, and how sibling connections are
20    maintained;
21        (6) provides discharge planning and family-based
22    aftercare support for at least 6 months post-discharge;
23    and
24        (7) is licensed in accordance with this Act and is
25    accredited by any of the following independent,
26    not-for-profit organizations:

 

 

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1            (A) the Commission on Accreditation of
2        Rehabilitation Facilities;
3            (B) the Joint Commission;
4            (C) the Council on Accreditation; or
5            (D) any other independent, not-for-profit
6        accrediting organization approved by the Secretary of
7        Health and Human Services as described in 42 U.S.C.
8        672 (k)(4).
9(Source: P.A. 103-564, eff. 11-17-23.)
 
10    (225 ILCS 10/2.36 new)
11    Sec. 2.36. Kinship caregiver. "Kinship caregiver" means a
12person responsible for the care and supervision of a child
13placed by the Department, other than the parent, who is a
14relative. As used in this definition, "relative" means a
15person who is: (i) related to a child by blood, marriage,
16tribal custom, adoption, or to a child's sibling in any of the
17foregoing ways, even though the person is not related to the
18child, when the child and the child's sibling are placed
19together with that person or (ii) shown to have significant
20and close personal or emotional ties with the child or the
21child's family prior to the child's placement with the person.
22For children who have been in the guardianship of the
23Department following the termination of their parents'
24parental rights, been adopted or placed in subsidized or
25unsubsidized guardianship, and are subsequently returned to

 

 

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1the temporary custody or guardianship of the Department, a
2"relative" shall include any person who would have qualified
3as a relative under this Section prior to the termination of
4the parents' parental rights if the Department determines, and
5documents, or the court finds that it would be in the child's
6best interests to consider this person a relative, based upon
7the factors for determining best interests set forth in
8subsection (4.05) of Section 1-3 of the Juvenile Court Act of
91987.
 
10    (225 ILCS 10/2.37 new)
11    Sec. 2.37. Kinship caregiver home. "Kinship caregiver
12home" means a placement resource certified by the Department
13as a kinship caregiver home under Section 3.4, which is
14eligible to receive payments from the Department under State
15or federal law for room and board for a child placed with a
16kinship caregiver.
 
17    (225 ILCS 10/2.38 new)
18    Sec. 2.38. Relative home. "Relative home" means a home of
19a relative that is not a foster family home or a kinship
20caregiver home but provides care to a child placed by the
21Department who is a relative of a household member of the
22relative's home. As used in this definition, "relative" means
23a person who is: (i) related to a child by blood, marriage,
24tribal custom, adoption, or to a child's sibling in any of the

 

 

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1foregoing ways, even though the person is not related to the
2child, when the child and the child's sibling are placed
3together with that person or (ii) shown to have significant
4and close personal or emotional ties with the child or the
5child's family prior to the child's placement with the person.
6For children who have been in the guardianship of the
7Department following the termination of their parents'
8parental rights, been adopted or placed in subsidized or
9unsubsidized guardianship, and are subsequently returned to
10the temporary custody or guardianship of the Department, a
11"relative" shall include any person who would have qualified
12as a relative under this Section prior to the termination of
13the parents' parental rights if the Department determines, and
14documents, or the court finds that it would be in the child's
15best interests to consider the person a relative, based upon
16the factors for determining best interests set forth in
17subsection (4.05) of Section 1-3 of the Juvenile Court Act of
181987.
 
19    (225 ILCS 10/2.39 new)
20    Sec. 2.39. Post-placement support services for subsidized
21and unsubsidized guardianship placements. "Post-placement
22support services for subsidized and unsubsidized guardianship
23placements" means services for children, and their guardians,
24who are involved in subsidized and unsubsidized guardianship
25placement cases. These services include, but are not limited

 

 

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1to, counseling for the children's emotional, behavioral, or
2developmental needs.
 
3    (225 ILCS 10/3.4 new)
4    Sec. 3.4. Certification standards for kinship caregiver
5homes.
6    (a) Consistent with Sections 471(a)(10) and 474 of Title
7IV-E of the Social Security Act, Public Law 115-123, and 88 FR
866700 amending 45 CFR 1355.20 and 1356.21(m), the Department
9shall adopt standards for certifying kinship caregiver family
10homes that are different from licensing standards used for
11non-relative foster family homes under Section 4. The
12standards shall align with the recommendation of the U.S.
13Department of Health and Human Services' Administration for
14Children and Families for implementation of Sections
15471(a)(10), (11), (20), and 474 of Title IV-E of the Social
16Security Act, such that the certification requirements for
17kinship caregiver home standards are no more restrictive than,
18and are reasonably in accordance with, recommended standards
19of national organizations for relative family homes related to
20admission policies, safety, sanitation, protection of civil
21rights, and use of the reasonable and prudent parenting
22standard under section 471(a)(10)(A) of Title IV-E of the
23Social Security Act, and that kinship caregiver homes fully
24meet, but do not exceed the federal requirements for criminal
25background screening under Section 471(a)(20) of Title IV-E of

 

 

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1the Social Security Act.
2    A guiding premise for these standards is that foster care
3maintenance payments for every relative, starting upon
4placement, regardless of federal reimbursement, are critical
5to ensure that the basic needs and well-being of all children
6in foster care are being met. If an agency has determined that
7the child is safe in the relative home, the relative caregiver
8should immediately be provided adequate support to care for
9that child. Payments used for a relative to support the child
10shall never be used as an incentive or punishment for
11activities such as completing paperwork and attending
12meetings. The Department shall review foster care maintenance
13payments to ensure that children receive the same amount of
14foster care maintenance payments whether placed in a kinship
15caregiver home or a licensed foster family home.
16    No later than July 1, 2024, the Department must prescribe
17and publish minimum certification standards for kinship
18caregiver homes used by and under the direct supervision of
19the Department consistent with the requirements of this Act.
20In developing rules, the Department shall solicit and
21incorporate feedback from relative caregivers. No later than
2260 days after the effective date of this amendatory Act of the
23103rd General Assembly, the Department shall begin soliciting
24input from relatives who are currently or have recently been
25caregivers to youth in care to develop the rules and
26procedures to effectuate the requirements of this Section. The

 

 

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1Department shall solicit this input in a manner convenient for
2caregivers to participate, including without limitation,
3in-person convenings at after hours and weekend venues,
4locations that provide child care, and modalities that are
5accessible and welcoming to new and experienced relative
6caregivers from all regions of the State.
7    The Department shall permit, but shall not require,
8prospective kinship caregivers who do not yet have eligible
9children placed by the Department in the relative's home to
10commence the kinship caregiver home certification process
11under this Section before a child is placed by the Department
12if the prospective kinship caregiver prefers to begin this
13process in advance of an identified child being placed.
14    (b) In order to certify a kinship caregiver home under
15this Section, a licensed child welfare agency shall:
16        (1) complete a home safety and needs assessment that
17    is reasonably in accordance with the recommended standards
18    of national organizations consistent with federal law for
19    kinship care for evaluating a safe living space and
20    identifying any necessary concrete goods or safety
21    modifications for the agency to provide or to assist the
22    prospective kinship caregiver in meeting the needs of the
23    child or children;
24        (2) assess the ability of the prospective kinship
25    caregiver to care for the physical, emotional, medical,
26    and educational needs of the child or children in

 

 

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1    accordance with the recommended standards of national
2    organizations consistent with federal law for kinship
3    care; and
4        (3) using a standard background check form consistent
5    with the model recommended by national organizations for
6    kinship care, complete a background check for each person
7    seeking kinship caregiver approval and any other adults
8    living in the home as required under subsection (c) and
9    imposing a standard that is no more restrictive than, and
10    reasonably in accordance with, the recommended standards
11    of national organizations consistent with federal law for
12    kinship care.
13    The Department or licensed child welfare agency may
14provide support groups and development opportunities for
15kinship caregivers, and other steps to support permanency,
16such as offering voluntary training, or concurrent assessments
17of multiple kinship caregivers to determine which may be best
18suited to provide long-term permanency for a particular child.
19However, these shall not be requirements for kinship caregiver
20home certification or delay immediate placement and support to
21a relative who satisfies the standards set forth in this
22Section.
23    Certification as a kinship caregiver home may be filed on
24behalf of such homes by a licensed child welfare agency, by a
25State agency authorized to place children in foster care, or
26by out-of-state agencies approved by the Department to place

 

 

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1children in this State. For certifications on behalf of a home
2in which children are placed by and remain under supervision
3of the applicant agency, such agency shall certify that the
4kinship caregiver home, responsible for the care of related
5children therein, was found to be in reasonable compliance
6with standards prescribed by the Department for kinship
7caregiver homes under this Section.
8    (c) A licensed child welfare agency shall conduct the
9following background screening investigation for every
10prospective kinship caregiver and adult resident living in the
11home:
12        (1) a name-based State, local, or tribal criminal
13    background check, and as soon as reasonably possible,
14    initiate a fingerprint-based background check, consistent
15    with paragraph (3) of subsection (b);
16        (2) a review of this State's Central Registry and
17    registries of any state in which an adult household member
18    has resided in the last 5 years, if applicable to
19    determine if the person has been determined to be a
20    perpetrator in an indicated report of child abuse or
21    neglect; and
22        (3) a review of the sex offender registry.
23    Information concerning criminal convictions of adult
24residents of a prospective kinship caregiver home investigated
25under this Section, including the source of the information,
26State conviction information provided by the Illinois State

 

 

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1Police, and any conclusions or recommendations derived from
2the information, shall be offered to the adult residents of a
3prospective kinship caregiver home, and provided, upon
4request, to such adult residents of a prospective kinship
5caregiver home prior to final action by the Department in the
6kinship caregiver home approval process.
7    Any information concerning criminal charges or the
8disposition of such criminal charges obtained by the
9Department shall be confidential and may not be transmitted
10outside the Department, except as required herein, and may not
11be transmitted to anyone within the Department except as
12needed for the purpose of evaluating a relative home or for
13certification of a kinship caregiver home. Information
14concerning an adult resident of a prospective relative or
15kinship caregiver home obtained by the Department for the
16purposes of paragraph (2) of this subsection shall be
17confidential and exempt from public inspection and copying as
18provided under Section 7 of the Freedom of Information Act,
19and such information shall not be transmitted outside the
20Department, except as provided in the Abused and Neglected
21Child Reporting Act, and shall not be transmitted to anyone
22within the Department except as provided in the Abused and
23Neglected Child Reporting Act, and shall not be transmitted to
24anyone within the Department except as needed for the purposes
25of evaluating homes. Any employee of the Department, Illinois
26State Police, or a licensed child welfare agency receiving

 

 

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1confidential information under this Section who gives or
2causes to be given any confidential information concerning any
3criminal convictions or child abuse or neglect reports
4involving an adult resident of a prospective relative or
5kinship caregiver home, shall be guilty of a Class A
6misdemeanor unless release of such information is authorized
7by this Section or Section 11.1 of the Abused and Neglected
8Child Reporting Act. Only information and standards which bear
9a reasonable and rational relation to the caretaking capacity
10of the prospective relative or kinship caregiver home shall be
11used by the Department or licensed child welfare agency.
12    No kinship caregiver home may be certified by the
13Department if any prospective caregivers or adult residents in
14the home refuse to authorize a background screening
15investigation as required by this Section. In accordance with
16federal law, the Department shall not approve a relative or
17kinship caregiver home if the caregiver's background screening
18reveals: (i) a felony conviction for child abuse or neglect,
19spousal abuse, crimes against a child, including child
20pornography, or a crime of rape, sexual assault, or homicide;
21or (ii) a felony conviction in the last 5 years for physical
22assault, battery, or a drug-related offense. If a kinship
23caregiver or any other adult in the home was convicted of a
24crime other than those automatically disqualifying offenses
25listed in this subsection, the agency should assess the impact
26that the criminal history has on the prospective kinship

 

 

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1caregiver's ability to parent the child and consider the type
2of crime, the number of crimes, the nature of the offense, the
3age of the prospective kinship caregiver at the time of the
4crime, the length of time that has elapsed since the last
5conviction, and any evidence of rehabilitation in determining
6the approval decision.
7    (d) If the licensed child welfare agency is contemplating
8denying certification of a kinship caregiver home, the
9licensed child welfare agency shall provide a written notice
10in the prospective kinship caregiver's primary language to
11each prospective kinship caregiver before the licensed child
12welfare agency takes final action to deny the home. This
13written notice shall include the specific reason or reasons
14the licensed child welfare agency is considering denial, list
15actions prospective kinship caregivers can take, if any, to
16remedy such conditions and the timeframes in which such
17actions would need to be completed, explain reasonable
18supports that the licensed child welfare agency can provide to
19assist the prospective kinship caregivers in taking remedial
20actions and how the prospective kinship caregivers can request
21such assistance, and provide the recourse prospective kinship
22caregivers can seek to resolve disputes about the licensed
23child welfare agency's findings. The licensed child welfare
24agency shall provide prospective kinship caregivers reasonable
25opportunity pursuant to rulemaking to cure any remediable
26deficiencies that the licensed child welfare agency identified

 

 

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1before taking final action to deny approval of a kinship
2caregiver home.
3    If conditions have not been remedied after reasonable
4opportunity and assistance to cure identified deficiencies has
5been provided, the licensed child welfare agency shall provide
6a final written notice explaining the reasons for denying the
7kinship caregiver home approval and the appeals process. The
8Department shall not prohibit a prospective kinship caregiver
9from being reconsidered for approval if the kinship caregivers
10are able to demonstrate a change in circumstances that
11improves deficient conditions.
12    (e) The Department shall ensure that relatives and
13prospective kinship caregivers are provided with assistance in
14completing the steps required for approval as a kinship
15caregiver home, including, but not limited to, the following
16types of assistance:
17        (1) completing forms together with the kin or for the
18    kin, if possible;
19        (2) obtaining court records or dispositions related to
20    background checks;
21        (3) accessing translation services;
22        (4) using mobile fingerprinting devices in the home,
23    and if mobile devices are unavailable, providing
24    assistance scheduling appointments that are accessible and
25    available at times that fit the household members'
26    schedules, providing transportation and childcare to allow

 

 

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1    the household members to complete fingerprinting
2    appointments, and contracting with community-based
3    fingerprinting locations that offer evening and weekend
4    appointments;
5        (5) reimbursement or advance payment for the
6    prospective kinship caregiver to help with reasonable home
7    maintenance to resolve critical safety issues; and
8        (6) purchasing required safety or comfort items such
9    as a car seat or mattress.
10    (f) Orientation provided to relatives and prospective
11kinship caregivers shall include information regarding:
12        (1) kinship caregivers' right to be heard, to bring a
13    mandamus action, and to intervene in juvenile court as set
14    forth under subsection (2) of Section 1-5 of the Juvenile
15    Court Act of 1987;
16        (2) the availability of the hotline established under
17    Section 35.6 of this Act, that kinship caregivers may use
18    to report incidents of misconduct or violation of rules by
19    Department employees, service providers, or contractors;
20        (3) the Department's expectations for caretaking
21    obligations including, but not limited to, specific
22    requirements of court orders, critical incident
23    notifications and timeframes, supervision for the child's
24    age and needs, out-of-state travel, and procedures to
25    consent to medical care;
26        (4) assistance available to the kinship caregivers,

 

 

HB4781- 80 -LRB103 38607 KTG 68743 b

1    including child care, respite care, transportation
2    assistance, case management, training and support groups,
3    kinship navigator services, financial assistance, and
4    after hours and weekends 24 hours, 7 days a week emergency
5    supports;
6        (5) reasonable and prudent parenting standards;
7        (6) permanency options; and
8        (7) kinship caregiver rights and dispute resolution
9    processes.
10    Orientation shall be provided in a setting and modality
11convenient for the residents of the kinship caregiver home
12which shall include the option for one-on-one sessions at the
13residence, after business hours, and in the primary language
14of the caregivers. Training opportunities shall be offered to
15the residents of the kinship caregiver home, but shall not be a
16requirement that delays the kinship caregiver home approval
17process from being completed.
18    (g) All child welfare agencies serving relative and
19kinship caregiver homes shall be required by the Department to
20have complaint policies and procedures that shall be provided
21in writing to prospective and current kinship caregivers and
22residents of kinship caregiver homes, at the earliest time
23possible, and, prior to entering into any written contract or
24agreement with the prospective or current kinship caregivers
25or residents of those homes. These complaint procedures must
26be filed with the Department within 6 months after the

 

 

HB4781- 81 -LRB103 38607 KTG 68743 b

1effective date of this amendatory of the 103rd General
2Assembly.
3    (h) The Department shall revise any rules and procedures
4pertaining to eligibility of relatives to qualify for State
5and federal subsidies and services under the guardianship
6assistance program and remove any requirements that exceed the
7federal requirements for participation in these programs or
8supports to ensure that approved kinship caregiver homes are
9deemed eligible for permanency options, such as adoption or
10subsidized guardianship, if the child is unable to safely
11return to the child's parents.
12    The Department shall submit any necessary State plan
13amendments necessary to comply with this Section and to ensure
14Title IV-E reimbursement eligibility under Section
15671(a)(20)(A-B) of the Social Security Act can be achieved
16expediently. The Department shall differentiate expenditures
17related to certified kinship caregivers from licensed care
18placements to provide clarity in expenditures of State and
19federal monies for kinship caregiver supports.
 
20    (225 ILCS 10/4)  (from Ch. 23, par. 2214)
21    Sec. 4. License requirement; application; notice.
22    (a) Any person, group of persons or corporation who or
23which receives children or arranges for care or placement of
24one or more children unrelated to the operator must apply for a
25license to operate one of the types of facilities defined in

 

 

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1Sections 2.05 through 2.19 and in Section 2.22 of this Act. Any
2relative, as defined in Section 2.38 2.17 of this Act, who
3receives a child or children for placement by the Department
4on a full-time basis shall not be prohibited from applying may
5apply for a license to operate a foster family home as defined
6in Section 2.17 of this Act if a relative does not wish to
7provide care to an eligible child as a relative home as defined
8in Section 2.38 or as a kinship caregiver home certified under
9Section 3.4 to receive foster care maintenance payments from
10the Department for the care provided to an eligible child.
11    (a-5) Any agency, person, group of persons, association,
12organization, corporation, institution, center, or group
13providing adoption services must be licensed by the Department
14as a child welfare agency as defined in Section 2.08 of this
15Act. "Providing adoption services" as used in this Act,
16includes facilitating or engaging in adoption services.
17    (b) Application for a license to operate a child care
18facility must be made to the Department in the manner and on
19forms prescribed by it. An application to operate a foster
20family home shall include, at a minimum: a completed written
21form; written authorization by the applicant and all adult
22members of the applicant's household to conduct a criminal
23background investigation; medical evidence in the form of a
24medical report, on forms prescribed by the Department, that
25the applicant and all members of the household are free from
26communicable diseases or physical and mental conditions that

 

 

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1affect their ability to provide care for the child or
2children; the names and addresses of at least 3 persons not
3related to the applicant who can attest to the applicant's
4moral character; the name and address of at least one relative
5who can attest to the applicant's capability to care for the
6child or children; and fingerprints submitted by the applicant
7and all adult members of the applicant's household.
8    (b-5) Prior to submitting an application for a foster
9family home license, a quality of care concerns applicant as
10defined in Section 2.22a of this Act must submit a preliminary
11application to the Department in the manner and on forms
12prescribed by it. The Department shall explain to the quality
13of care concerns applicant the grounds for requiring a
14preliminary application. The preliminary application shall
15include a list of (i) all children placed in the home by the
16Department who were removed by the Department for reasons
17other than returning to a parent and the circumstances under
18which they were removed and (ii) all children placed by the
19Department who were subsequently adopted by or placed in the
20private guardianship of the quality of care concerns applicant
21who are currently under 18 and who no longer reside in the home
22and the reasons why they no longer reside in the home. The
23preliminary application shall also include, if the quality of
24care concerns applicant chooses to submit, (1) a response to
25the quality of care concerns, including any reason the
26concerns are invalid, have been addressed or ameliorated, or

 

 

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1no longer apply and (2) affirmative documentation
2demonstrating that the quality of care concerns applicant's
3home does not pose a risk to children and that the family will
4be able to meet the physical and emotional needs of children.
5The Department shall verify the information in the preliminary
6application and review (i) information regarding any prior
7licensing complaints, (ii) information regarding any prior
8child abuse or neglect investigations, (iii) information
9regarding any involuntary foster home holds placed on the home
10by the Department, and (iv) information regarding all child
11exit interviews, as provided in Section 5.26 of the Children
12and Family Services Act, regarding the home. Foster home
13applicants with quality of care concerns are presumed
14unsuitable for future licensure.
15    Notwithstanding the provisions of this subsection (b-5),
16the Department may make an exception and issue a foster family
17license to a quality of care concerns applicant if the
18Department is satisfied that the foster family home does not
19pose a risk to children and that the foster family will be able
20to meet the physical and emotional needs of children. In
21making this determination, the Department must obtain and
22carefully review all relevant documents and shall obtain
23consultation from its Clinical Division as appropriate and as
24prescribed by Department rule and procedure. The Department
25has the authority to deny a preliminary application based on
26the record of quality of care concerns of the foster family

 

 

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1home. In the alternative, the Department may (i) approve the
2preliminary application, (ii) approve the preliminary
3application subject to obtaining additional information or
4assessments, or (iii) approve the preliminary application for
5purposes of placing a particular child or children only in the
6foster family home. If the Department approves a preliminary
7application, the foster family shall submit an application for
8licensure as described in subsection (b) of this Section. The
9Department shall notify the quality of care concerns applicant
10of its decision and the basis for its decision in writing.
11    (c) The Department shall notify the public when a child
12care institution, maternity center, or group home licensed by
13the Department undergoes a change in (i) the range of care or
14services offered at the facility, (ii) the age or type of
15children served, or (iii) the area within the facility used by
16children. The Department shall notify the public of the change
17in a newspaper of general circulation in the county or
18municipality in which the applicant's facility is or is
19proposed to be located.
20    (d) If, upon examination of the facility and investigation
21of persons responsible for care of children and, in the case of
22a foster home, taking into account information obtained for
23purposes of evaluating a preliminary application, if
24applicable, the Department is satisfied that the facility and
25responsible persons reasonably meet standards prescribed for
26the type of facility for which application is made, it shall

 

 

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1issue a license in proper form, designating on that license
2the type of child care facility and, except for a child welfare
3agency, the number of children to be served at any one time.
4    (e) The Department shall not issue or renew the license of
5any child welfare agency providing adoption services, unless
6the agency (i) is officially recognized by the United States
7Internal Revenue Service as a tax-exempt organization
8described in Section 501(c)(3) of the Internal Revenue Code of
91986 (or any successor provision of federal tax law) and (ii)
10is in compliance with all of the standards necessary to
11maintain its status as an organization described in Section
12501(c)(3) of the Internal Revenue Code of 1986 (or any
13successor provision of federal tax law). The Department shall
14grant a grace period of 24 months from the effective date of
15this amendatory Act of the 94th General Assembly for existing
16child welfare agencies providing adoption services to obtain
17501(c)(3) status. The Department shall permit an existing
18child welfare agency that converts from its current structure
19in order to be recognized as a 501(c)(3) organization as
20required by this Section to either retain its current license
21or transfer its current license to a newly formed entity, if
22the creation of a new entity is required in order to comply
23with this Section, provided that the child welfare agency
24demonstrates that it continues to meet all other licensing
25requirements and that the principal officers and directors and
26programs of the converted child welfare agency or newly

 

 

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1organized child welfare agency are substantially the same as
2the original. The Department shall have the sole discretion to
3grant a one year extension to any agency unable to obtain
4501(c)(3) status within the timeframe specified in this
5subsection (e), provided that such agency has filed an
6application for 501(c)(3) status with the Internal Revenue
7Service within the 2-year timeframe specified in this
8subsection (e).
9(Source: P.A. 101-63, eff. 7-12-19; 102-763, eff. 1-1-23.)
 
10    (225 ILCS 10/4.3)  (from Ch. 23, par. 2214.3)
11    Sec. 4.3. Child Abuse and Neglect Reports. All child care
12facility license applicants and all current and prospective
13employees of a child care facility who have any possible
14contact with children in the course of their duties, as a
15condition of such licensure or employment, shall authorize in
16writing on a form prescribed by the Department an
17investigation of the Central Register, as defined in the
18Abused and Neglected Child Reporting Act, to ascertain if such
19applicant or employee has been determined to be a perpetrator
20in an indicated report of child abuse or neglect.
21    All child care facilities as a condition of licensure
22pursuant to this Act shall maintain such information which
23demonstrates that all current employees and other applicants
24for employment who have any possible contact with children in
25the course of their duties have authorized an investigation of

 

 

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1the Central Register as hereinabove required. Only those
2current or prospective employees who will have no possible
3contact with children as part of their present or prospective
4employment may be excluded from provisions requiring
5authorization of an investigation.
6    Such information concerning a license applicant, employee
7or prospective employee obtained by the Department shall be
8confidential and exempt from public inspection and copying as
9provided under Section 7 of The Freedom of Information Act,
10and such information shall not be transmitted outside the
11Department, except as provided in the Abused and Neglected
12Child Reporting Act, and shall not be transmitted to anyone
13within the Department except as provided in the Abused and
14Neglected Child Reporting Act, and shall not be transmitted to
15anyone within the Department except as needed for the purposes
16of evaluation of an application for licensure or for
17consideration by a child care facility of an employee. Any
18employee of the Department of Children and Family Services
19under this Section who gives or causes to be given any
20confidential information concerning any child abuse or neglect
21reports about a child care facility applicant, child care
22facility employee, shall be guilty of a Class A misdemeanor,
23unless release of such information is authorized by Section
2411.1 of the Abused and Neglected Child Reporting Act.
25    Additionally, any licensee who is informed by the
26Department of Children and Family Services, pursuant to

 

 

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1Section 7.4 of the Abused and Neglected Child Reporting Act,
2approved June 26, 1975, as amended, that a formal
3investigation has commenced relating to an employee of the
4child care facility or any other person in frequent contact
5with children at the facility, shall take reasonable action
6necessary to insure that the employee or other person is
7restricted during the pendency of the investigation from
8contact with children whose care has been entrusted to the
9facility.
10    When a foster family home is the subject of an indicated
11report under the Abused and Neglected Child Reporting Act, the
12Department of Children and Family Services must immediately
13conduct a re-examination of the foster family home to evaluate
14whether it continues to meet the minimum standards for
15licensure. The re-examination is separate and apart from the
16formal investigation of the report. The Department must
17establish a schedule for re-examination of the foster family
18home mentioned in the report at least once a year.
19    When a relative or kinship caregiver home is the subject
20of an indicated report under the Abused and Neglected Child
21Reporting Act, the Department shall immediately conduct a
22re-examination of the relative or kinship caregiver home to
23evaluate whether the relative home remains an appropriate
24placement or the kinship caregiver home continues to meet the
25minimum standards for certification required under Section 3.4
26of this Act. The re-examination is separate and apart from the

 

 

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1formal investigation of the report and shall be completed in
2the timeframes established by rule.
3(Source: P.A. 91-557, eff. 1-1-00.)
 
4    (225 ILCS 10/5)  (from Ch. 23, par. 2215)
5    Sec. 5. (a) In respect to child care institutions,
6maternity centers, child welfare agencies, day care centers,
7day care agencies and group homes, the Department, upon
8receiving application filed in proper order, shall examine the
9facilities and persons responsible for care of children
10therein.
11    (b) In respect to foster family and day care homes,
12applications may be filed on behalf of such homes by a licensed
13child welfare agency, by a State agency authorized to place
14children in foster care or by out-of-State agencies approved
15by the Department to place children in this State. In respect
16to day care homes, applications may be filed on behalf of such
17homes by a licensed day care agency or licensed child welfare
18agency. In applying for license in behalf of a home in which
19children are placed by and remain under supervision of the
20applicant agency, such agency shall certify that the home and
21persons responsible for care of unrelated children therein, or
22the home and relatives, as defined in Section 2.36 2.17 of this
23Act, responsible for the care of related children therein,
24were found to be in reasonable compliance with standards
25prescribed by the Department for the type of care indicated.

 

 

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1    (c) The Department shall not allow any person to examine
2facilities under a provision of this Act who has not passed an
3examination demonstrating that such person is familiar with
4this Act and with the appropriate standards and regulations of
5the Department.
6    (d) With the exception of day care centers, day care
7homes, and group day care homes, licenses shall be issued in
8such form and manner as prescribed by the Department and are
9valid for 4 years from the date issued, unless revoked by the
10Department or voluntarily surrendered by the licensee.
11Licenses issued for day care centers, day care homes, and
12group day care homes shall be valid for 3 years from the date
13issued, unless revoked by the Department or voluntarily
14surrendered by the licensee. When a licensee has made timely
15and sufficient application for the renewal of a license or a
16new license with reference to any activity of a continuing
17nature, the existing license shall continue in full force and
18effect for up to 30 days until the final agency decision on the
19application has been made. The Department may further extend
20the period in which such decision must be made in individual
21cases for up to 30 days, but such extensions shall be only upon
22good cause shown.
23    (e) The Department may issue one 6-month permit to a newly
24established facility for child care to allow that facility
25reasonable time to become eligible for a full license. If the
26facility for child care is a foster family home, or day care

 

 

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1home the Department may issue one 2-month permit only.
2    (f) The Department may issue an emergency permit to a
3child care facility taking in children as a result of the
4temporary closure for more than 2 weeks of a licensed child
5care facility due to a natural disaster. An emergency permit
6under this subsection shall be issued to a facility only if the
7persons providing child care services at the facility were
8employees of the temporarily closed day care center at the
9time it was closed. No investigation of an employee of a child
10care facility receiving an emergency permit under this
11subsection shall be required if that employee has previously
12been investigated at another child care facility. No emergency
13permit issued under this subsection shall be valid for more
14than 90 days after the date of issuance.
15    (g) During the hours of operation of any licensed child
16care facility, authorized representatives of the Department
17may without notice visit the facility for the purpose of
18determining its continuing compliance with this Act or
19regulations adopted pursuant thereto.
20    (h) Day care centers, day care homes, and group day care
21homes shall be monitored at least annually by a licensing
22representative from the Department or the agency that
23recommended licensure.
24(Source: P.A. 98-804, eff. 1-1-15.)
 
25    (225 ILCS 10/7.3)

 

 

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1    Sec. 7.3. Children placed by private child welfare agency.
2    (a) Before placing a child who is a youth in care in a
3foster family home, a private child welfare agency must
4ascertain (i) whether any other children who are youth in care
5have been placed in that home and (ii) whether every such child
6who has been placed in that home continues to reside in that
7home, unless the child has been transferred to another
8placement or is no longer a youth in care. The agency must keep
9a record of every other child welfare agency that has placed
10such a child in that foster family home; the record must
11include the name and telephone number of a contact person at
12each such agency.
13    (b) At least once every 30 days, a private child welfare
14agency that places youth in care in relative, kinship
15caregiver, or foster family homes must make a site visit to
16every such home where it has placed a youth in care. The
17purpose of the site visit is to verify that the child continues
18to reside in that home and to verify the child's safety and
19well-being. The agency must document the verification in its
20records. If a private child welfare agency fails to comply
21with the requirements of this subsection, the Department must
22suspend all payments to the agency until the agency complies.
23    (c) The Department must periodically (but no less often
24than once every 6 months) review the child placement records
25of each private child welfare agency that places youth in
26care.

 

 

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1    (d) If a child placed in a foster family home is missing,
2the foster parent must promptly report that fact to the
3Department or to the child welfare agency that placed the
4child in the home. If the foster parent fails to make such a
5report, the Department shall put the home on hold for the
6placement of other children and initiate corrective action
7that may include revocation of the foster parent's license to
8operate the foster family home. A foster parent who knowingly
9and willfully fails to report a missing foster child under
10this subsection is guilty of a Class A misdemeanor.
11    (e) If a private child welfare agency determines that a
12youth in care whom it has placed in a relative, kinship
13caregiver, or foster family home no longer resides in that
14home, the agency must promptly report that fact to the
15Department. If the agency fails to make such a report, the
16Department shall put the agency on hold for the placement of
17other children and initiate corrective action that may include
18revocation of the agency's license.
19    (f) When a child is missing from a relative, kinship
20caregiver, or foster home, the Department or private agency in
21charge of case management shall report regularly to the
22relative, kinship caregiver, or foster parent concerning
23efforts to locate the missing child.
24    (g) The Department must strive to account for the status
25and whereabouts of every one of its youth in care who it
26determines is not residing in the authorized placement in

 

 

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1which the youth was placed.
2(Source: P.A. 103-22, eff. 8-8-23.)
 
3    (225 ILCS 10/7.4)
4    Sec. 7.4. Disclosures.
5    (a) Every licensed child welfare agency providing adoption
6services shall provide to all prospective clients and to the
7public written disclosures with respect to its adoption
8services, policies, and practices, including general
9eligibility criteria, fees, and the mutual rights and
10responsibilities of clients, including birth parents and
11adoptive parents. The written disclosure shall be posted on
12any website maintained by the child welfare agency that
13relates to adoption services. The Department shall adopt rules
14relating to the contents of the written disclosures. Eligible
15agencies may be deemed compliant with this subsection (a).
16    (b) Every licensed child welfare agency providing adoption
17services shall provide to all applicants, prior to
18application, a written schedule of estimated fees, expenses,
19and refund policies. Every child welfare agency providing
20adoption services shall have a written policy that shall be
21part of its standard adoption contract and state that it will
22not charge additional fees and expenses beyond those disclosed
23in the adoption contract unless additional fees are reasonably
24required by the circumstances and are disclosed to the
25adoptive parents or parent before they are incurred. The

 

 

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

 

 

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1    individualized educational plan when the child is
2    receiving special education services.
3        (4) Any known social or behavioral information
4    (including, but not limited to, criminal background, fire
5    setting, perpetration of sexual abuse, destructive
6    behavior, and substance abuse) necessary to care for and
7    safeguard the child.
8    The agency may prepare a written summary of the
9information required by this subsection, which may be provided
10to the relative, kinship caregiver, or foster or prospective
11adoptive parent in advance of a placement. The relative,
12kinship caregiver, or foster or prospective adoptive parent
13may review 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 parent. The Department shall adopt rules concerning the
4minimum standards required by agencies under this Section.
5(Source: P.A. 103-22, eff. 8-8-23.)
 
6    Section 15. The Juvenile Court Act of 1987 is amended by
7changing Sections 1-3, 1-5, 2-9, 2-10, 2-13, 2-21, 2-22, 2-23,
82-27, and 2-28 as follows:
 
9    (705 ILCS 405/1-3)  (from Ch. 37, par. 801-3)
10    Sec. 1-3. Definitions. Terms used in this Act, unless the
11context otherwise requires, have the following meanings
12ascribed to them:
13    (1) "Adjudicatory hearing" means a hearing to determine
14whether the allegations of a petition under Section 2-13,
153-15, or 4-12 that a minor under 18 years of age is abused,
16neglected, or dependent, or requires authoritative
17intervention, or addicted, respectively, are supported by a
18preponderance of the evidence or whether the allegations of a
19petition under Section 5-520 that a minor is delinquent are
20proved beyond a reasonable doubt.
21    (2) "Adult" means a person 21 years of age or older.
22    (3) "Agency" means a public or private child care facility
23legally authorized or licensed by this State for placement or
24institutional care or for both placement and institutional

 

 

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1care.
2    (4) "Association" means any organization, public or
3private, engaged in welfare functions which include services
4to or on behalf of children but does not include "agency" as
5herein defined.
6    (4.05) Whenever a "best interest" determination is
7required, the following factors shall be considered in the
8context of the child's age and developmental needs:
9        (a) the physical safety and welfare of the child,
10    including food, shelter, health, and clothing;
11        (b) the development of the child's identity;
12        (c) the child's background and ties, including
13    familial, cultural, and religious;
14        (d) the child's sense of attachments, including:
15            (i) where the child actually feels love,
16        attachment, and a sense of being valued (as opposed to
17        where adults believe the child should feel such love,
18        attachment, and a sense of being valued);
19            (ii) the child's sense of security;
20            (iii) the child's sense of familiarity;
21            (iv) continuity of affection for the child;
22            (v) the least disruptive placement alternative for
23        the child;
24        (e) the child's wishes and long-term goals;
25        (f) the child's community ties, including church,
26    school, and friends;

 

 

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1        (g) the child's need for permanence which includes the
2    child's need for stability and continuity of relationships
3    with parent figures, and with siblings, and other
4    relatives;
5        (h) the uniqueness of every family and child;
6        (i) the risks attendant to entering and being in
7    substitute care; and
8        (j) the preferences of the persons available to care
9    for the child; .
10        (k) whenever a "best interest" determination regarding
11    permanency is required, the following factors in addition
12    to those set forth in part (j) shall be prioritized:
13            (i) whether the child is old enough to have
14        knowledge of the family members the child was
15        separated from at removal;
16            (ii) the child's wishes regarding available
17        permanency options, and desire to maintain connections
18        with the child's parents and other relatives;
19            (iii) due weight to the parent's preference in
20        placement and in permanency options;
21            (iv) relative or kinship caregivers' willingness
22        to work with the child's parents in support of
23        reunification so long as reunification remains a goal
24        for the child; and
25            (v) a relative or kinship caregiver's willingness
26        to provide permanency to the child, either through

 

 

HB4781- 101 -LRB103 38607 KTG 68743 b

1        subsidized guardianship or through adoption.
2    (4.1) "Chronic truant" shall have the definition ascribed
3to it in Section 26-2a of the School Code.
4    (5) "Court" means the circuit court in a session or
5division assigned to hear proceedings under this Act.
6    (6) "Dispositional hearing" means a hearing to determine
7whether a minor should be adjudged to be a ward of the court,
8and to determine what order of disposition should be made in
9respect to a minor adjudged to be a ward of the court.
10    (6.5) "Dissemination" or "disseminate" means to publish,
11produce, print, manufacture, distribute, sell, lease, exhibit,
12broadcast, display, transmit, or otherwise share information
13in any format so as to make the information accessible to
14others.
15    (7) "Emancipated minor" means any minor 16 years of age or
16over who has been completely or partially emancipated under
17the Emancipation of Minors Act or under this Act.
18    (7.03) "Expunge" means to physically destroy the records
19and to obliterate the minor's name from any official index,
20public record, or electronic database.
21    (7.05) "Foster parent" includes a relative caregiver
22selected by the Department of Children and Family Services to
23provide care for the minor.
24    (8) "Guardianship of the person" of a minor means the duty
25and authority to act in the best interests of the minor,
26subject to residual parental rights and responsibilities, to

 

 

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1make important decisions in matters having a permanent effect
2on the life and development of the minor and to be concerned
3with the minor's general welfare. It includes but is not
4necessarily limited to:
5        (a) the authority to consent to marriage, to
6    enlistment in the armed forces of the United States, or to
7    a major medical, psychiatric, and surgical treatment; to
8    represent the minor in legal actions; and to make other
9    decisions of substantial legal significance concerning the
10    minor;
11        (b) the authority and duty of reasonable visitation,
12    except to the extent that these have been limited in the
13    best interests of the minor by court order;
14        (c) the rights and responsibilities of legal custody
15    except where legal custody has been vested in another
16    person or agency; and
17        (d) the power to consent to the adoption of the minor,
18    but only if expressly conferred on the guardian in
19    accordance with Section 2-29, 3-30, or 4-27.
20    (8.1) "Juvenile court record" includes, but is not limited
21to:
22        (a) all documents filed in or maintained by the
23    juvenile court pertaining to a specific incident,
24    proceeding, or individual;
25        (b) all documents relating to a specific incident,
26    proceeding, or individual made available to or maintained

 

 

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1    by probation officers;
2        (c) all documents, video or audio tapes, photographs,
3    and exhibits admitted into evidence at juvenile court
4    hearings; or
5        (d) all documents, transcripts, records, reports, or
6    other evidence prepared by, maintained by, or released by
7    any municipal, county, or State agency or department, in
8    any format, if indicating involvement with the juvenile
9    court relating to a specific incident, proceeding, or
10    individual.
11    (8.2) "Juvenile law enforcement record" includes records
12of arrest, station adjustments, fingerprints, probation
13adjustments, the issuance of a notice to appear, or any other
14records or documents maintained by any law enforcement agency
15relating to a minor suspected of committing an offense, and
16records maintained by a law enforcement agency that identifies
17a juvenile as a suspect in committing an offense, but does not
18include records identifying a juvenile as a victim, witness,
19or missing juvenile and any records created, maintained, or
20used for purposes of referral to programs relating to
21diversion as defined in subsection (6) of Section 5-105.
22    (9) "Legal custody" means the relationship created by an
23order of court in the best interests of the minor which imposes
24on the custodian the responsibility of physical possession of
25a minor and the duty to protect, train and discipline the minor
26and to provide the minor with food, shelter, education, and

 

 

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1ordinary medical care, except as these are limited by residual
2parental rights and responsibilities and the rights and
3responsibilities of the guardian of the person, if any.
4    (9.1) "Mentally capable adult relative" means a person 21
5years of age or older who is not suffering from a mental
6illness that prevents the person from providing the care
7necessary to safeguard the physical safety and welfare of a
8minor who is left in that person's care by the parent or
9parents or other person responsible for the minor's welfare.
10    (10) "Minor" means a person under the age of 21 years
11subject to this Act.
12    (11) "Parent" means a father or mother of a child and
13includes any adoptive parent. It also includes a person (i)
14whose parentage is presumed or has been established under the
15law of this or another jurisdiction or (ii) who has registered
16with the Putative Father Registry in accordance with Section
1712.1 of the Adoption Act and whose paternity has not been ruled
18out under the law of this or another jurisdiction. It does not
19include a parent whose rights in respect to the minor have been
20terminated in any manner provided by law. It does not include a
21person who has been or could be determined to be a parent under
22the Illinois Parentage Act of 1984 or the Illinois Parentage
23Act of 2015, or similar parentage law in any other state, if
24that person has been convicted of or pled nolo contendere to a
25crime that resulted in the conception of the child under
26Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14,

 

 

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112-14.1, subsection (a) or (b) (but not subsection (c)) of
2Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or
3(f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the
4Criminal Code of 1961 or the Criminal Code of 2012, or similar
5statute in another jurisdiction unless upon motion of any
6party, other than the offender, to the juvenile court
7proceedings the court finds it is in the child's best interest
8to deem the offender a parent for purposes of the juvenile
9court proceedings.
10    (11.1) "Permanency goal" means a goal set by the court as
11defined in subdivision (2) of Section 2-28.
12    (11.2) "Permanency hearing" means a hearing to set the
13permanency goal and to review and determine (i) the
14appropriateness of the services contained in the plan and
15whether those services have been provided, (ii) whether
16reasonable efforts have been made by all the parties to the
17service plan to achieve the goal, and (iii) whether the plan
18and goal have been achieved.
19    (12) "Petition" means the petition provided for in Section
202-13, 3-15, 4-12, or 5-520, including any supplemental
21petitions thereunder in Section 3-15, 4-12, or 5-520.
22    (12.1) "Physically capable adult relative" means a person
2321 years of age or older who does not have a severe physical
24disability or medical condition, or is not suffering from
25alcoholism or drug addiction, that prevents the person from
26providing the care necessary to safeguard the physical safety

 

 

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1and welfare of a minor who is left in that person's care by the
2parent or parents or other person responsible for the minor's
3welfare.
4    (12.2) "Post Permanency Sibling Contact Agreement" has the
5meaning ascribed to the term in Section 7.4 of the Children and
6Family Services Act.
7    (12.3) "Residential treatment center" means a licensed
8setting that provides 24-hour care to children in a group home
9or institution, including a facility licensed as a child care
10institution under Section 2.06 of the Child Care Act of 1969, a
11licensed group home under Section 2.16 of the Child Care Act of
121969, a qualified residential treatment program under Section
132.35 of the Child Care Act of 1969, a secure child care
14facility as defined in paragraph (18) of this Section, or any
15similar facility in another state. "Residential treatment
16center" does not include a relative foster home or a licensed
17foster family home.
18    (13) "Residual parental rights and responsibilities" means
19those rights and responsibilities remaining with the parent
20after the transfer of legal custody or guardianship of the
21person, including, but not necessarily limited to, the right
22to reasonable visitation (which may be limited by the court in
23the best interests of the minor as provided in subsection
24(8)(b) of this Section), the right to consent to adoption, the
25right to determine the minor's religious affiliation, and the
26responsibility for the minor's support.

 

 

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1    (14) "Shelter" means the temporary care of a minor in
2physically unrestricting facilities pending court disposition
3or execution of court order for placement.
4    (14.05) "Shelter placement" means a temporary or emergency
5placement for a minor, including an emergency foster home
6placement.
7    (14.1) "Sibling Contact Support Plan" has the meaning
8ascribed to the term in Section 7.4 of the Children and Family
9Services Act.
10    (14.2) "Significant event report" means a written document
11describing an occurrence or event beyond the customary
12operations, routines, or relationships in the Department of
13Children of Family Services, a child care facility, or other
14entity that is licensed or regulated by the Department of
15Children of Family Services or that provides services for the
16Department of Children of Family Services under a grant,
17contract, or purchase of service agreement; involving children
18or youth, employees, foster parents, or relative caregivers;
19allegations of abuse or neglect or any other incident raising
20a concern about the well-being of a minor under the
21jurisdiction of the court under Article II of the Juvenile
22Court Act of 1987; incidents involving damage to property,
23allegations of criminal activity, misconduct, or other
24occurrences affecting the operations of the Department of
25Children of Family Services or a child care facility; any
26incident that could have media impact; and unusual incidents

 

 

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1as defined by Department of Children and Family Services rule.
2    (15) "Station adjustment" means the informal handling of
3an alleged offender by a juvenile police officer.
4    (16) "Ward of the court" means a minor who is so adjudged
5under Section 2-22, 3-23, 4-20, or 5-705, after a finding of
6the requisite jurisdictional facts, and thus is subject to the
7dispositional powers of the court under this Act.
8    (17) "Juvenile police officer" means a sworn police
9officer who has completed a Basic Recruit Training Course, has
10been assigned to the position of juvenile police officer by
11the officer's chief law enforcement officer and has completed
12the necessary juvenile officers training as prescribed by the
13Illinois Law Enforcement Training Standards Board, or in the
14case of a State police officer, juvenile officer training
15approved by the Director of the Illinois State Police.
16    (18) "Secure child care facility" means any child care
17facility licensed by the Department of Children and Family
18Services to provide secure living arrangements for children
19under 18 years of age who are subject to placement in
20facilities under the Children and Family Services Act and who
21are not subject to placement in facilities for whom standards
22are established by the Department of Corrections under Section
233-15-2 of the Unified Code of Corrections. "Secure child care
24facility" also means a facility that is designed and operated
25to ensure that all entrances and exits from the facility, a
26building, or a distinct part of the building are under the

 

 

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1exclusive control of the staff of the facility, whether or not
2the child has the freedom of movement within the perimeter of
3the facility, building, or distinct part of the building.
4(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23;
5103-564, eff. 11-17-23.)
 
6    (705 ILCS 405/1-5)  (from Ch. 37, par. 801-5)
7    Sec. 1-5. Rights of parties to proceedings.
8    (1) Except as provided in this Section and paragraph (2)
9of Sections 2-22, 3-23, 4-20, 5-610 or 5-705, the minor who is
10the subject of the proceeding and the minor's parents,
11guardian, legal custodian or responsible relative who are
12parties respondent have the right to be present, to be heard,
13to present evidence material to the proceedings, to
14cross-examine witnesses, to examine pertinent court files and
15records and also, although proceedings under this Act are not
16intended to be adversary in character, the right to be
17represented by counsel. At the request of any party
18financially unable to employ counsel, with the exception of a
19foster parent permitted to intervene under this Section, the
20court shall appoint the Public Defender or such other counsel
21as the case may require. Counsel appointed for the minor and
22any indigent party shall appear at all stages of the trial
23court proceeding, and such appointment shall continue through
24the permanency hearings and termination of parental rights
25proceedings subject to withdrawal, vacating of appointment, or

 

 

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1substitution pursuant to Supreme Court Rules or the Code of
2Civil Procedure. Following the dispositional hearing, the
3court may require appointed counsel, other than counsel for
4the minor or counsel for the guardian ad litem, to withdraw the
5counsel's appearance upon failure of the party for whom
6counsel was appointed under this Section to attend any
7subsequent proceedings.
8    No hearing on any petition or motion filed under this Act
9may be commenced unless the minor who is the subject of the
10proceeding is represented by counsel. Notwithstanding the
11preceding sentence, if a guardian ad litem has been appointed
12for the minor under Section 2-17 of this Act and the guardian
13ad litem is a licensed attorney at law of this State, or in the
14event that a court appointed special advocate has been
15appointed as guardian ad litem and counsel has been appointed
16to represent the court appointed special advocate, the court
17may not require the appointment of counsel to represent the
18minor unless the court finds that the minor's interests are in
19conflict with what the guardian ad litem determines to be in
20the best interest of the minor. Each adult respondent shall be
21furnished a written "Notice of Rights" at or before the first
22hearing at which the adult respondent appears.
23    (1.5) The Department shall maintain a system of response
24to inquiry made by parents or putative parents as to whether
25their child is under the custody or guardianship of the
26Department; and if so, the Department shall direct the parents

 

 

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1or putative parents to the appropriate court of jurisdiction,
2including where inquiry may be made of the clerk of the court
3regarding the case number and the next scheduled court date of
4the minor's case. Effective notice and the means of accessing
5information shall be given to the public on a continuing basis
6by the Department.
7    (2)(a) Though not appointed guardian or legal custodian or
8otherwise made a party to the proceeding, any current or
9previously appointed foster parent, or relative caregiver,
10kinship caregiver, or any prospective relative or kinship
11caregiver, or representative of an agency or association
12interested in the minor has the right to be heard by the court,
13but does not thereby become a party to the proceeding.
14    In addition to the foregoing right to be heard by the
15court, any current foster parent or relative caregiver of a
16minor and the agency designated by the court or the Department
17of Children and Family Services as custodian of the minor who
18is alleged to be or has been adjudicated an abused or neglected
19minor under Section 2-3 or a dependent minor under Section 2-4
20of this Act has the right to and shall be given adequate notice
21at all stages of any hearing or proceeding under this Act.
22    Any foster parent, or relative caregiver, kinship
23caregiver, or any prospective relative caregiver or kinship
24caregiver, who is denied the right to be heard under this
25Section may bring a mandamus action under Article XIV of the
26Code of Civil Procedure against the court or any public agency

 

 

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1to enforce that right. The mandamus action may be brought
2immediately upon the denial of those rights but in no event
3later than 30 days after the foster parent has been denied the
4right to be heard.
5    (b) If after an adjudication that a minor is abused or
6neglected as provided under Section 2-21 of this Act and a
7motion has been made to restore the minor to any parent,
8guardian, or legal custodian found by the court to have caused
9the neglect or to have inflicted the abuse on the minor, a
10relative, kinship caregiver, or foster parent may file a
11motion to intervene in the proceeding for the sole purpose of
12requesting that the minor be placed with the caregiver foster
13parent, provided that the caregiver foster parent (i) is the
14current caregiver foster parent of the minor or (ii) has
15previously been a caregiver foster parent for the minor for
16one year or more, has a foster care license or is eligible for
17a license or is not required to have a license, and is not the
18subject of any findings of abuse or neglect of any child. The
19juvenile court may only enter orders placing a minor with a
20specific caregiver foster parent under this subsection (2)(b)
21and nothing in this Section shall be construed to confer any
22jurisdiction or authority on the juvenile court to issue any
23other orders requiring the appointed guardian or custodian of
24a minor to place the minor in a designated substitute care
25foster home or facility. This Section is not intended to
26encompass any matters that are within the scope or

 

 

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1determinable under the administrative and appeal process
2established by rules of the Department of Children and Family
3Services under Section 5(o) of the Children and Family
4Services Act. Nothing in this Section shall relieve the court
5of its responsibility, under Section 2-14(a) of this Act to
6act in a just and speedy manner to reunify families where it is
7the best interests of the minor and the child can be cared for
8at home without endangering the child's health or safety and,
9if reunification is not in the best interests of the minor, to
10find another permanent home for the minor. Nothing in this
11Section, or in any order issued by the court with respect to
12the placement of a minor with a caregiver foster parent, shall
13impair the ability of the Department of Children and Family
14Services, or anyone else authorized under Section 5 of the
15Abused and Neglected Child Reporting Act, to remove a minor
16from the home of a caregiver foster parent if the Department of
17Children and Family Services or the person removing the minor
18has reason to believe that the circumstances or conditions of
19the minor are such that continuing in the residence or care of
20the caregiver foster parent will jeopardize the child's health
21and safety or present an imminent risk of harm to that minor's
22life.
23    (c) If a foster parent, relative, or kinship caregiver has
24had the minor who is the subject of the proceeding under
25Article II in the foster parent's, relative's, or kinship
26caregiver's home for more than one year on or after July 3,

 

 

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11994 and if the minor's placement is being terminated from
2that foster parent's, relative's, or kinship caregiver's home,
3that foster parent, relative, or kinship caregiver shall have
4standing and intervenor status except in those circumstances
5where the Department of Children and Family Services or anyone
6else authorized under Section 5 of the Abused and Neglected
7Child Reporting Act has removed the minor from the foster
8parent, relative, or kinship caregiver because of a reasonable
9belief that the circumstances or conditions of the minor are
10such that continuing in the residence or care of the foster
11parent, relative, or kinship caregiver will jeopardize the
12child's health or safety or presents an imminent risk of harm
13to the minor's life.
14    (d) The court may grant standing to any foster parent,
15relative, or kinship caregiver if the court finds that it is in
16the best interest of the child for the foster parent,
17relative, or kinship caregiver to have standing and intervenor
18status.
19    (3) Parties respondent are entitled to notice in
20compliance with Sections 2-15 and 2-16, 3-17 and 3-18, 4-14
21and 4-15 or 5-525 and 5-530, as appropriate. At the first
22appearance before the court by the minor, the minor's parents,
23guardian, kinship caregiver, custodian or responsible
24relative, the court shall explain the nature of the
25proceedings and inform the parties of their rights under the
26first 2 paragraphs of this Section.

 

 

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1    If the child is alleged to be abused, neglected or
2dependent, the court shall admonish the parents that if the
3court declares the child to be a ward of the court and awards
4custody or guardianship to the Department of Children and
5Family Services, the parents must cooperate with the
6Department of Children and Family Services, comply with the
7terms of the service plans, and correct the conditions that
8require the child to be in care, or risk termination of their
9parental rights.
10    Upon an adjudication of wardship of the court under
11Sections 2-22, 3-23, 4-20 or 5-705, the court shall inform the
12parties of their right to appeal therefrom as well as from any
13other final judgment of the court.
14    When the court finds that a child is an abused, neglected,
15or dependent minor under Section 2-21, the court shall
16admonish the parents that the parents must cooperate with the
17Department of Children and Family Services, comply with the
18terms of the service plans, and correct the conditions that
19require the child to be in care, or risk termination of their
20parental rights.
21    When the court declares a child to be a ward of the court
22and awards guardianship to the Department of Children and
23Family Services under Section 2-22, the court shall admonish
24the parents, guardian, custodian, or responsible relative that
25the parents must cooperate with the Department of Children and
26Family Services, comply with the terms of the service plans,

 

 

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1and correct the conditions that require the child to be in
2care, or risk termination of their parental rights.
3    (4) No sanction may be applied against the minor who is the
4subject of the proceedings by reason of the minor's refusal or
5failure to testify in the course of any hearing held prior to
6final adjudication under Section 2-22, 3-23, 4-20 or 5-705.
7    (5) In the discretion of the court, the minor may be
8excluded from any part or parts of a dispositional hearing
9and, with the consent of the parent or parents, guardian,
10counsel or a guardian ad litem, from any part or parts of an
11adjudicatory hearing.
12    (6) The general public except for the news media and the
13crime victim, as defined in Section 3 of the Rights of Crime
14Victims and Witnesses Act, shall be excluded from any hearing
15and, except for the persons specified in this Section only
16persons, including representatives of agencies and
17associations, who in the opinion of the court have a direct
18interest in the case or in the work of the court shall be
19admitted to the hearing. However, the court may, for the
20minor's safety and protection and for good cause shown,
21prohibit any person or agency present in court from further
22disclosing the minor's identity. Nothing in this subsection
23(6) prevents the court from allowing other juveniles to be
24present or to participate in a court session being held under
25the Juvenile Drug Court Treatment Act.
26    (7) A party shall not be entitled to exercise the right to

 

 

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1a substitution of a judge without cause under subdivision
2(a)(2) of Section 2-1001 of the Code of Civil Procedure in a
3proceeding under this Act if the judge is currently assigned
4to a proceeding involving the alleged abuse, neglect, or
5dependency of the minor's sibling or half sibling and that
6judge has made a substantive ruling in the proceeding
7involving the minor's sibling or half sibling.
8(Source: P.A. 103-22, eff. 8-8-23.)
 
9    (705 ILCS 405/2-9)  (from Ch. 37, par. 802-9)
10    Sec. 2-9. Setting of temporary custody hearing; notice;
11release.
12    (1) Unless sooner released, a minor, as defined in Section
132-3 or 2-4 of this Act, taken into temporary protective
14custody must be brought before a judicial officer within 48
15hours, exclusive of Saturdays, Sundays, and court-designated
16holidays, for a temporary custody hearing to determine whether
17the minor shall be further held in custody.
18    (2) If the probation officer or such other public officer
19designated by the court determines that the minor should be
20retained in custody, the probation officer or such other
21public officer designated by the court shall cause a petition
22to be filed as provided in Section 2-13 of this Article, and
23the clerk of the court shall set the matter for hearing on the
24temporary custody hearing calendar. When a parent, guardian,
25custodian, or responsible relative is present and so requests,

 

 

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1the temporary custody hearing shall be held immediately if the
2court is in session, otherwise at the earliest feasible time.
3The petitioner through counsel or such other public officer
4designated by the court shall ensure insure notification to
5the minor's parent, guardian, custodian, or responsible
6relative of the time and place of the hearing by the best
7practicable notice, allowing for oral notice in place of
8written notice only if provision of written notice is
9unreasonable under the circumstances.
10    (2.5) If a relative is willing to commit to provide care
11for the minor for emergency placement of the minor pending the
12temporary custody hearing, the Department has an obligation to
13assess the relative home if temporary custody is necessary. If
14the primary issue preventing an emergency placement of a minor
15with a relative is a lack of resources, including, but not
16limited to, concrete goods, safety modifications, and
17services, the Department shall make reasonable efforts to
18assist the relative in obtaining the necessary resources.
19    (3) The minor must be released from temporary protective
20custody at the expiration of the 48-hour 48 hour period
21specified by this Section if not brought before a judicial
22officer within that period.
23(Source: P.A. 103-22, eff. 8-8-23; revised 9-25-23.)
 
24    (705 ILCS 405/2-10)  (from Ch. 37, par. 802-10)
25    Sec. 2-10. Temporary custody hearing. At the appearance of

 

 

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1the minor before the court at the temporary custody hearing,
2all witnesses present shall be examined before the court in
3relation to any matter connected with the allegations made in
4the petition.
5    (1) If the court finds that there is not probable cause to
6believe that the minor is abused, neglected, or dependent it
7shall release the minor and dismiss the petition.
8    (2) If the court finds that there is probable cause to
9believe that the minor is abused, neglected, or dependent, the
10court shall state in writing the factual basis supporting its
11finding and the minor, the minor's parent, guardian, or
12custodian, and other persons able to give relevant testimony
13shall be examined before the court. The Department of Children
14and Family Services shall give testimony concerning indicated
15reports of abuse and neglect, of which they are aware through
16the central registry, involving the minor's parent, guardian,
17or custodian. After such testimony, the court may, consistent
18with the health, safety, and best interests of the minor,
19enter an order that the minor shall be released upon the
20request of parent, guardian, or custodian if the parent,
21guardian, or custodian appears to take custody. If it is
22determined that a parent's, guardian's, or custodian's
23compliance with critical services mitigates the necessity for
24removal of the minor from the minor's home, the court may enter
25an Order of Protection setting forth reasonable conditions of
26behavior that a parent, guardian, or custodian must observe

 

 

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1for a specified period of time, not to exceed 12 months,
2without a violation; provided, however, that the 12-month
3period shall begin anew after any violation. "Custodian"
4includes the Department of Children and Family Services, if it
5has been given custody of the child, or any other agency of the
6State which has been given custody or wardship of the child. If
7it is consistent with the health, safety, and best interests
8of the minor, the court may also prescribe shelter care and
9order that the minor be kept in a suitable place designated by
10the court or in a shelter care facility designated by the
11Department of Children and Family Services or a licensed child
12welfare agency; however, on and after January 1, 2015 (the
13effective date of Public Act 98-803) and before January 1,
142017, a minor charged with a criminal offense under the
15Criminal Code of 1961 or the Criminal Code of 2012 or
16adjudicated delinquent shall not be placed in the custody of
17or committed to the Department of Children and Family Services
18by any court, except a minor less than 16 years of age and
19committed to the Department of Children and Family Services
20under Section 5-710 of this Act or a minor for whom an
21independent basis of abuse, neglect, or dependency exists; and
22on and after January 1, 2017, a minor charged with a criminal
23offense under the Criminal Code of 1961 or the Criminal Code of
242012 or adjudicated delinquent shall not be placed in the
25custody of or committed to the Department of Children and
26Family Services by any court, except a minor less than 15 years

 

 

HB4781- 121 -LRB103 38607 KTG 68743 b

1of age and committed to the Department of Children and Family
2Services under Section 5-710 of this Act or a minor for whom an
3independent basis of abuse, neglect, or dependency exists. An
4independent basis exists when the allegations or adjudication
5of abuse, neglect, or dependency do not arise from the same
6facts, incident, or circumstances which give rise to a charge
7or adjudication of delinquency.
8    In placing the minor, the Department or other agency
9shall, to the extent compatible with the court's order, comply
10with Section 7 of the Children and Family Services Act. In
11determining the health, safety, and best interests of the
12minor to prescribe shelter care, the court must find that it is
13a matter of immediate and urgent necessity for the safety, and
14protection of the minor or of the person or property of another
15that the minor be placed in a shelter care facility or that the
16minor is likely to flee the jurisdiction of the court, and must
17further find that reasonable efforts have been made or that,
18consistent with the health, safety and best interests of the
19minor, no efforts reasonably can be made to prevent or
20eliminate the necessity of removal of the minor from the
21minor's home. The court shall require documentation from the
22Department of Children and Family Services as to the
23reasonable efforts that were made to prevent or eliminate the
24necessity of removal of the minor from the minor's home or the
25reasons why no efforts reasonably could be made to prevent or
26eliminate the necessity of removal. When a minor is placed in

 

 

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1the home of a relative, the Department of Children and Family
2Services shall complete a preliminary background review of the
3members of the minor's custodian's household in accordance
4with Sections 3.4 or Section 4.3 of the Child Care Act of 1969
5within 90 days of that placement. If the minor is not placed in
6the home of a relative, the court shall require evidence from
7the Department as to the reasonable efforts that were made to
8place the minor in the home of a relative or the reasons why no
9efforts reasonably could be made to place the child in the home
10of a relative. In assessing reasonable efforts to place the
11minor in the home of a relative, the court shall assess whether
12the Department met its obligations under subsection (2.5) of
13Section 2-9 if the circumstances are applicable, and order
14further action by the Department until such obligations are
15met. If the minor is ordered placed in a shelter care facility
16of the Department of Children and Family Services or a
17licensed child welfare agency, the court shall, upon request
18of the appropriate Department or other agency, appoint the
19Department of Children and Family Services Guardianship
20Administrator or other appropriate agency executive temporary
21custodian of the minor and the court may enter such other
22orders related to the temporary custody as it deems fit and
23proper, including the provision of services to the minor or
24the minor's family to ameliorate the causes contributing to
25the finding of probable cause or to the finding of the
26existence of immediate and urgent necessity.

 

 

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1    Where the Department of Children and Family Services
2Guardianship Administrator is appointed as the executive
3temporary custodian, the Department of Children and Family
4Services shall file with the court and serve on the parties a
5parent-child visiting plan, within 10 days, excluding weekends
6and holidays, after the appointment. The parent-child visiting
7plan shall set out the time and place of visits, the frequency
8of visits, the length of visits, who shall be present at the
9visits, and where appropriate, the minor's opportunities to
10have telephone and mail communication with the parents.
11    Where the Department of Children and Family Services
12Guardianship Administrator is appointed as the executive
13temporary custodian, and when the child has siblings in care,
14the Department of Children and Family Services shall file with
15the court and serve on the parties a sibling placement and
16contact plan within 10 days, excluding weekends and holidays,
17after the appointment. The sibling placement and contact plan
18shall set forth whether the siblings are placed together, and
19if they are not placed together, what, if any, efforts are
20being made to place them together. If the Department has
21determined that it is not in a child's best interest to be
22placed with a sibling, the Department shall document in the
23sibling placement and contact plan the basis for its
24determination. For siblings placed separately, the sibling
25placement and contact plan shall set the time and place for
26visits, the frequency of the visits, the length of visits, who

 

 

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1shall be present for the visits, and where appropriate, the
2child's opportunities to have contact with their siblings in
3addition to in person contact. If the Department determines it
4is not in the best interest of a sibling to have contact with a
5sibling, the Department shall document in the sibling
6placement and contact plan the basis for its determination.
7The sibling placement and contact plan shall specify a date
8for development of the Sibling Contact Support Plan, under
9subsection (f) of Section 7.4 of the Children and Family
10Services Act, and shall remain in effect until the Sibling
11Contact Support Plan is developed.
12    For good cause, the court may waive the requirement to
13file the parent-child visiting plan or the sibling placement
14and contact plan, or extend the time for filing either plan.
15Any party may, by motion, request the court to review the
16parent-child visiting plan to determine whether it is
17reasonably calculated to expeditiously facilitate the
18achievement of the permanency goal. A party may, by motion,
19request the court to review the parent-child visiting plan or
20the sibling placement and contact plan to determine whether it
21is consistent with the minor's best interest. The court may
22refer the parties to mediation where available. The frequency,
23duration, and locations of visitation shall be measured by the
24needs of the child and family, and not by the convenience of
25Department personnel. Child development principles shall be
26considered by the court in its analysis of how frequent

 

 

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1visitation should be, how long it should last, where it should
2take place, and who should be present. If upon motion of the
3party to review either plan and after receiving evidence, the
4court determines that the parent-child visiting plan is not
5reasonably calculated to expeditiously facilitate the
6achievement of the permanency goal or that the restrictions
7placed on parent-child contact or sibling placement or contact
8are contrary to the child's best interests, the court shall
9put in writing the factual basis supporting the determination
10and enter specific findings based on the evidence. The court
11shall enter an order for the Department to implement changes
12to the parent-child visiting plan or sibling placement or
13contact plan, consistent with the court's findings. At any
14stage of proceeding, any party may by motion request the court
15to enter any orders necessary to implement the parent-child
16visiting plan, sibling placement or contact plan, or
17subsequently developed Sibling Contact Support Plan. Nothing
18under this subsection (2) shall restrict the court from
19granting discretionary authority to the Department to increase
20opportunities for additional parent-child contacts or sibling
21contacts, without further court orders. Nothing in this
22subsection (2) shall restrict the Department from immediately
23restricting or terminating parent-child contact or sibling
24contacts, without either amending the parent-child visiting
25plan or the sibling contact plan or obtaining a court order,
26where the Department or its assigns reasonably believe there

 

 

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1is an immediate need to protect the child's health, safety,
2and welfare. Such restrictions or terminations must be based
3on available facts to the Department and its assigns when
4viewed in light of the surrounding circumstances and shall
5only occur on an individual case-by-case basis. The Department
6shall file with the court and serve on the parties any
7amendments to the plan within 10 days, excluding weekends and
8holidays, of the change of the visitation.
9    Acceptance of services shall not be considered an
10admission of any allegation in a petition made pursuant to
11this Act, nor may a referral of services be considered as
12evidence in any proceeding pursuant to this Act, except where
13the issue is whether the Department has made reasonable
14efforts to reunite the family. In making its findings that it
15is consistent with the health, safety, and best interests of
16the minor to prescribe shelter care, the court shall state in
17writing (i) the factual basis supporting its findings
18concerning the immediate and urgent necessity for the
19protection of the minor or of the person or property of another
20and (ii) the factual basis supporting its findings that
21reasonable efforts were made to prevent or eliminate the
22removal of the minor from the minor's home or that no efforts
23reasonably could be made to prevent or eliminate the removal
24of the minor from the minor's home. The parents, guardian,
25custodian, temporary custodian, and minor shall each be
26furnished a copy of such written findings. The temporary

 

 

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1custodian shall maintain a copy of the court order and written
2findings in the case record for the child. The order together
3with the court's findings of fact in support thereof shall be
4entered of record in the court.
5    Once the court finds that it is a matter of immediate and
6urgent necessity for the protection of the minor that the
7minor be placed in a shelter care facility, the minor shall not
8be returned to the parent, custodian, or guardian until the
9court finds that such placement is no longer necessary for the
10protection of the minor.
11    If the child is placed in the temporary custody of the
12Department of Children and Family Services for the minor's
13protection, the court shall admonish the parents, guardian,
14custodian, or responsible relative that the parents must
15cooperate with the Department of Children and Family Services,
16comply with the terms of the service plans, and correct the
17conditions which require the child to be in care, or risk
18termination of their parental rights. The court shall ensure,
19by inquiring in open court of each parent, guardian,
20custodian, or responsible relative, that the parent, guardian,
21custodian, or responsible relative has had the opportunity to
22provide the Department with all known names, addresses, and
23telephone numbers of each of the minor's living adult
24relatives, including, but not limited to, grandparents,
25siblings of the minor's parents, and siblings. The court shall
26advise the parents, guardian, custodian, or responsible

 

 

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1relative to inform the Department if additional information
2regarding the minor's adult relatives becomes available.
3    (2.5) When the court places the child in the temporary
4custody of the Department, the court shall order the
5Department to complete the following family-finding efforts
6within 30 days of the child being taken into temporary
7custody:
8        (a) Conduct an investigation in order to identify and
9    locate all grandparents, parents of a sibling of the
10    child, if the parent has legal custody of the sibling,
11    adult siblings, other adult relatives of the minor
12    including any other adult relatives suggested by the
13    parents, and, if it is known or there is reason to know the
14    child is an Indian child, any extended family members, as
15    defined in Section 1903 of the Indian Child Welfare Act of
16    1978 (25 U.S.C. 1903). The Department shall use due
17    diligence in investigating the names and locations of the
18    relatives, including, but not limited to, asking the minor
19    in an age-appropriate manner about any parent, alleged
20    parent, and relatives important to the child, consistent
21    with the child's best interest, and obtaining information
22    regarding the location of the child's parents, alleged
23    parents, and adult relatives.
24        As used in this subsection, "family finding" means
25    conducting an investigation, including, but not limited
26    to, through a computer-based search engine, to identify

 

 

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1    any person who would be eligible to be a kinship caregiver
2    as defined in Section 2.36 of the Child Care Act of 1969
3    and to connect a minor, who may be disconnected from the
4    minor's parents, with those relatives and kin in an effort
5    to provide family support or possible placement. If it is
6    known or there is reason to know that the child is an
7    Indian child, as defined in Section 1903 of the Indian
8    Child Welfare Act of 1978 (25 U.S.C. 1903), "family
9    finding" also includes contacting the Indian child's tribe
10    to identify relatives and kin.
11        (b) Unless there is reasonable cause to believe the
12    health, safety, or welfare of the minor would be
13    jeopardized by such notification, provide all adult
14    relatives who are located with written notification and
15    oral notification, in person or by telephone, of all the
16    following information:
17            (i) the minor has been removed from the custody of
18        the minor's parent or guardian; and
19            (ii) an explanation of the various options to
20        participate in the care and placement of the minor and
21        support for the minor's family, including any options
22        that may be lost by failing to respond. The notice
23        shall provide information about providing care for the
24        minor while the family receives reunification services
25        with the goal of returning the child to the parent or
26        guardian, how to become a relative and kinship

 

 

HB4781- 130 -LRB103 38607 KTG 68743 b

1        caregiver home, and additional services and support
2        that are available in substitute care. The notice
3        shall also include information regarding the kinship
4        navigator program, adoption and subsidized
5        guardianship assistance options, health care coverage
6        for youth in care under the medical assistance program
7        established under Article V of the Illinois Public Aid
8        Code, and other options for contact with the minor,
9        including, but not limited to, visitation.
10    (3) If prior to the shelter care hearing for a minor
11described in Sections 2-3, 2-4, 3-3, and 4-3 the moving party
12is unable to serve notice on the party respondent, the shelter
13care hearing may proceed ex parte. A shelter care order from an
14ex parte hearing shall be endorsed with the date and hour of
15issuance and shall be filed with the clerk's office and
16entered of record. The order shall expire after 10 days from
17the time it is issued unless before its expiration it is
18renewed, at a hearing upon appearance of the party respondent,
19or upon an affidavit of the moving party as to all diligent
20efforts to notify the party respondent by notice as herein
21prescribed. The notice prescribed shall be in writing and
22shall be personally delivered to the minor or the minor's
23attorney and to the last known address of the other person or
24persons entitled to notice. The notice shall also state the
25nature of the allegations, the nature of the order sought by
26the State, including whether temporary custody is sought, and

 

 

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1the consequences of failure to appear and shall contain a
2notice that the parties will not be entitled to further
3written notices or publication notices of proceedings in this
4case, including the filing of an amended petition or a motion
5to terminate parental rights, except as required by Supreme
6Court Rule 11; and shall explain the right of the parties and
7the procedures to vacate or modify a shelter care order as
8provided in this Section. The notice for a shelter care
9hearing shall be substantially as follows:
10
NOTICE TO PARENTS AND CHILDREN
11
OF SHELTER CARE HEARING
12        On ................ at ........., before the Honorable
13    ................, (address:) ................., the State
14    of Illinois will present evidence (1) that (name of child
15    or children) ....................... are abused,
16    neglected, or dependent for the following reasons:
17    .............................................. and (2)
18    whether there is "immediate and urgent necessity" to
19    remove the child or children from the responsible
20    relative.
21        YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
22    PLACEMENT of the child or children in foster care until a
23    trial can be held. A trial may not be held for up to 90
24    days. You will not be entitled to further notices of
25    proceedings in this case, including the filing of an
26    amended petition or a motion to terminate parental rights.

 

 

HB4781- 132 -LRB103 38607 KTG 68743 b

1        At the shelter care hearing, parents have the
2    following rights:
3            1. To ask the court to appoint a lawyer if they
4        cannot afford one.
5            2. To ask the court to continue the hearing to
6        allow them time to prepare.
7            3. To present evidence concerning:
8                a. Whether or not the child or children were
9            abused, neglected or dependent.
10                b. Whether or not there is "immediate and
11            urgent necessity" to remove the child from home
12            (including: their ability to care for the child,
13            conditions in the home, alternative means of
14            protecting the child other than removal).
15                c. The best interests of the child.
16            4. To cross examine the State's witnesses.
 
17    The Notice for rehearings shall be substantially as
18follows:
19
NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
20
TO REHEARING ON TEMPORARY CUSTODY
21        If you were not present at and did not have adequate
22    notice of the Shelter Care Hearing at which temporary
23    custody of ............... was awarded to
24    ................, you have the right to request a full
25    rehearing on whether the State should have temporary

 

 

HB4781- 133 -LRB103 38607 KTG 68743 b

1    custody of ................. To request this rehearing,
2    you must file with the Clerk of the Juvenile Court
3    (address): ........................, in person or by
4    mailing a statement (affidavit) setting forth the
5    following:
6            1. That you were not present at the shelter care
7        hearing.
8            2. That you did not get adequate notice
9        (explaining how the notice was inadequate).
10            3. Your signature.
11            4. Signature must be notarized.
12        The rehearing should be scheduled within 48 hours of
13    your filing this affidavit.
14        At the rehearing, your rights are the same as at the
15    initial shelter care hearing. The enclosed notice explains
16    those rights.
17        At the Shelter Care Hearing, children have the
18    following rights:
19            1. To have a guardian ad litem appointed.
20            2. To be declared competent as a witness and to
21        present testimony concerning:
22                a. Whether they are abused, neglected or
23            dependent.
24                b. Whether there is "immediate and urgent
25            necessity" to be removed from home.
26                c. Their best interests.

 

 

HB4781- 134 -LRB103 38607 KTG 68743 b

1            3. To cross examine witnesses for other parties.
2            4. To obtain an explanation of any proceedings and
3        orders of the court.
4    (4) If the parent, guardian, legal custodian, responsible
5relative, minor age 8 or over, or counsel of the minor did not
6have actual notice of or was not present at the shelter care
7hearing, the parent, guardian, legal custodian, responsible
8relative, minor age 8 or over, or counsel of the minor may file
9an affidavit setting forth these facts, and the clerk shall
10set the matter for rehearing not later than 48 hours,
11excluding Sundays and legal holidays, after the filing of the
12affidavit. At the rehearing, the court shall proceed in the
13same manner as upon the original hearing.
14    (5) Only when there is reasonable cause to believe that
15the minor taken into custody is a person described in
16subsection (3) of Section 5-105 may the minor be kept or
17detained in a detention home or county or municipal jail. This
18Section shall in no way be construed to limit subsection (6).
19    (6) No minor under 16 years of age may be confined in a
20jail or place ordinarily used for the confinement of prisoners
21in a police station. Minors under 18 years of age must be kept
22separate from confined adults and may not at any time be kept
23in the same cell, room, or yard with adults confined pursuant
24to the criminal law.
25    (7) If the minor is not brought before a judicial officer
26within the time period as specified in Section 2-9, the minor

 

 

HB4781- 135 -LRB103 38607 KTG 68743 b

1must immediately be released from custody.
2    (8) If neither the parent, guardian, or custodian appears
3within 24 hours to take custody of a minor released upon
4request pursuant to subsection (2) of this Section, then the
5clerk of the court shall set the matter for rehearing not later
6than 7 days after the original order and shall issue a summons
7directed to the parent, guardian, or custodian to appear. At
8the same time the probation department shall prepare a report
9on the minor. If a parent, guardian, or custodian does not
10appear at such rehearing, the judge may enter an order
11prescribing that the minor be kept in a suitable place
12designated by the Department of Children and Family Services
13or a licensed child welfare agency.
14    (9) Notwithstanding any other provision of this Section
15any interested party, including the State, the temporary
16custodian, an agency providing services to the minor or family
17under a service plan pursuant to Section 8.2 of the Abused and
18Neglected Child Reporting Act, foster parent, or any of their
19representatives, on notice to all parties entitled to notice,
20may file a motion that it is in the best interests of the minor
21to modify or vacate a temporary custody order on any of the
22following grounds:
23        (a) It is no longer a matter of immediate and urgent
24    necessity that the minor remain in shelter care; or
25        (b) There is a material change in the circumstances of
26    the natural family from which the minor was removed and

 

 

HB4781- 136 -LRB103 38607 KTG 68743 b

1    the child can be cared for at home without endangering the
2    child's health or safety; or
3        (c) A person not a party to the alleged abuse, neglect
4    or dependency, including a parent, relative, or legal
5    guardian, is capable of assuming temporary custody of the
6    minor; or
7        (d) Services provided by the Department of Children
8    and Family Services or a child welfare agency or other
9    service provider have been successful in eliminating the
10    need for temporary custody and the child can be cared for
11    at home without endangering the child's health or safety.
12    In ruling on the motion, the court shall determine whether
13it is consistent with the health, safety, and best interests
14of the minor to modify or vacate a temporary custody order. If
15the minor is being restored to the custody of a parent, legal
16custodian, or guardian who lives outside of Illinois, and an
17Interstate Compact has been requested and refused, the court
18may order the Department of Children and Family Services to
19arrange for an assessment of the minor's proposed living
20arrangement and for ongoing monitoring of the health, safety,
21and best interest of the minor and compliance with any order of
22protective supervision entered in accordance with Section 2-20
23or 2-25.
24    The clerk shall set the matter for hearing not later than
2514 days after such motion is filed. In the event that the court
26modifies or vacates a temporary custody order but does not

 

 

HB4781- 137 -LRB103 38607 KTG 68743 b

1vacate its finding of probable cause, the court may order that
2appropriate services be continued or initiated in behalf of
3the minor and the minor's family.
4    (10) When the court finds or has found that there is
5probable cause to believe a minor is an abused minor as
6described in subsection (2) of Section 2-3 and that there is an
7immediate and urgent necessity for the abused minor to be
8placed in shelter care, immediate and urgent necessity shall
9be presumed for any other minor residing in the same household
10as the abused minor provided:
11        (a) Such other minor is the subject of an abuse or
12    neglect petition pending before the court; and
13        (b) A party to the petition is seeking shelter care
14    for such other minor.
15    Once the presumption of immediate and urgent necessity has
16been raised, the burden of demonstrating the lack of immediate
17and urgent necessity shall be on any party that is opposing
18shelter care for the other minor.
19    (11) The changes made to this Section by Public Act 98-61
20apply to a minor who has been arrested or taken into custody on
21or after January 1, 2014 (the effective date of Public Act
2298-61).
23    (12) After the court has placed a minor in the care of a
24temporary custodian pursuant to this Section, any party may
25file a motion requesting the court to grant the temporary
26custodian the authority to serve as a surrogate decision maker

 

 

HB4781- 138 -LRB103 38607 KTG 68743 b

1for the minor under the Health Care Surrogate Act for purposes
2of making decisions pursuant to paragraph (1) of subsection
3(b) of Section 20 of the Health Care Surrogate Act. The court
4may grant the motion if it determines by clear and convincing
5evidence that it is in the best interests of the minor to grant
6the temporary custodian such authority. In making its
7determination, the court shall weigh the following factors in
8addition to considering the best interests factors listed in
9subsection (4.05) of Section 1-3 of this Act:
10        (a) the efforts to identify and locate the respondents
11    and adult family members of the minor and the results of
12    those efforts;
13        (b) the efforts to engage the respondents and adult
14    family members of the minor in decision making on behalf
15    of the minor;
16        (c) the length of time the efforts in paragraphs (a)
17    and (b) have been ongoing;
18        (d) the relationship between the respondents and adult
19    family members and the minor;
20        (e) medical testimony regarding the extent to which
21    the minor is suffering and the impact of a delay in
22    decision-making on the minor; and
23        (f) any other factor the court deems relevant.
24    If the Department of Children and Family Services is the
25temporary custodian of the minor, in addition to the
26requirements of paragraph (1) of subsection (b) of Section 20

 

 

HB4781- 139 -LRB103 38607 KTG 68743 b

1of the Health Care Surrogate Act, the Department shall follow
2its rules and procedures in exercising authority granted under
3this subsection.
4(Source: P.A. 102-489, eff. 8-20-21; 102-502, eff. 1-1-22;
5102-813, eff. 5-13-22; 103-22, eff. 8-8-23; revised 9-20-23.)
 
6    (705 ILCS 405/2-13)  (from Ch. 37, par. 802-13)
7    Sec. 2-13. Petition.
8    (1) Any adult person, any agency or association by its
9representative may file, or the court on its own motion,
10consistent with the health, safety and best interests of the
11minor may direct the filing through the State's Attorney of a
12petition in respect of a minor under this Act. The petition and
13all subsequent court documents shall be entitled "In the
14interest of ...., a minor".
15    (2) The petition shall be verified but the statements may
16be made upon information and belief. It shall allege that the
17minor is abused, neglected, or dependent, with citations to
18the appropriate provisions of this Act, and set forth (a)
19facts sufficient to bring the minor under Section 2-3 or 2-4
20and to inform respondents of the cause of action, including,
21but not limited to, a plain and concise statement of the
22factual allegations that form the basis for the filing of the
23petition; (b) the name, age and residence of the minor; (c) the
24names and residences of the minor's parents; (d) the name and
25residence of the minor's legal guardian or the person or

 

 

HB4781- 140 -LRB103 38607 KTG 68743 b

1persons having custody or control of the minor, or of the
2nearest known relative if no parent or guardian can be found;
3and (e) if the minor upon whose behalf the petition is brought
4is sheltered in custody, the date on which such temporary
5custody was ordered by the court or the date set for a
6temporary custody hearing. If any of the facts herein required
7are not known by the petitioner, the petition shall so state.
8    (3) The petition must allege that it is in the best
9interests of the minor and of the public that the minor be
10adjudged a ward of the court and may pray generally for relief
11available under this Act. The petition need not specify any
12proposed disposition following adjudication of wardship. The
13petition may request that the minor remain in the custody of
14the parent, guardian, or custodian under an Order of
15Protection.
16    (4) If termination of parental rights and appointment of a
17guardian of the person with power to consent to adoption of the
18minor under Section 2-29 is sought, the petition shall so
19state. If the petition includes this request, the prayer for
20relief shall clearly and obviously state that the parents
21could permanently lose their rights as a parent at this
22hearing.
23    In addition to the foregoing, the petitioner, by motion,
24may request the termination of parental rights and appointment
25of a guardian of the person with power to consent to adoption
26of the minor under Section 2-29 at any time after the entry of

 

 

HB4781- 141 -LRB103 38607 KTG 68743 b

1a dispositional order under Section 2-22.
2    (4.5) (a) Unless good cause exists that filing a petition
3to terminate parental rights is contrary to the child's best
4interests, with respect to any minors committed to its care
5pursuant to this Act, the Department of Children and Family
6Services shall request the State's Attorney to file a petition
7or motion for termination of parental rights and appointment
8of guardian of the person with power to consent to adoption of
9the minor under Section 2-29 if:
10        (i) a minor has been in foster care, as described in
11    subsection (b), for 15 months of the most recent 22
12    months; or
13        (ii) a minor under the age of 2 years has been
14    previously determined to be abandoned at an adjudicatory
15    hearing; or
16        (iii) the parent is criminally convicted of:
17            (A) first degree murder or second degree murder of
18        any child;
19            (B) attempt or conspiracy to commit first degree
20        murder or second degree murder of any child;
21            (C) solicitation to commit murder of any child,
22        solicitation to commit murder for hire of any child,
23        or solicitation to commit second degree murder of any
24        child;
25            (D) aggravated battery, aggravated battery of a
26        child, or felony domestic battery, any of which has

 

 

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1        resulted in serious injury to the minor or a sibling of
2        the minor;
3            (E) predatory criminal sexual assault of a child;
4            (E-5) aggravated criminal sexual assault;
5            (E-10) criminal sexual abuse in violation of
6        subsection (a) of Section 11-1.50 of the Criminal Code
7        of 1961 or the Criminal Code of 2012;
8            (E-15) sexual exploitation of a child;
9            (E-20) permitting sexual abuse of a child;
10            (E-25) criminal sexual assault; or
11            (F) an offense in any other state the elements of
12        which are similar and bear a substantial relationship
13        to any of the foregoing offenses.
14    (a-1) For purposes of this subsection (4.5), good cause
15exists in the following circumstances:
16        (i) the child is being cared for by a relative,
17        (ii) the Department has documented in the case plan a
18    compelling reason for determining that filing such
19    petition would not be in the best interests of the child,
20        (iii) the court has found within the preceding 12
21    months that the Department has failed to make reasonable
22    efforts to reunify the child and family, or
23        (iv) the parent is incarcerated, or the parent's prior
24    incarceration is a significant factor in why the child has
25    been in foster care for 15 months out of any 22-month
26    period, the parent maintains a meaningful role in the

 

 

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1    child's life, and the Department has not documented
2    another reason why it would otherwise be appropriate to
3    file a petition to terminate parental rights pursuant to
4    this Section and the Adoption Act. The assessment of
5    whether an incarcerated parent maintains a meaningful role
6    in the child's life may include consideration of the
7    following:
8            (A) the child's best interest;
9            (B) the parent's expressions or acts of
10        manifesting concern for the child, such as letters,
11        telephone calls, visits, and other forms of
12        communication with the child and the impact of the
13        communication on the child;
14            (C) the parent's efforts to communicate with and
15        work with the Department for the purpose of complying
16        with the service plan and repairing, maintaining, or
17        building the parent-child relationship; or
18            (D) limitations in the parent's access to family
19        support programs, therapeutic services, visiting
20        opportunities, telephone and mail services, and
21        meaningful participation in court proceedings; .
22        (v) the Department has not yet met with the child's
23    caregiver to discuss guardianship as an alternative to
24    adoption; or
25        (vi) the court has determined that guardianship is an
26    appropriate permanency goal.

 

 

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1    (b) For purposes of this subsection, the date of entering
2foster care is defined as the earlier of:
3        (1) The date of a judicial finding at an adjudicatory
4    hearing that the child is an abused, neglected, or
5    dependent minor; or
6        (2) 60 days after the date on which the child is
7    removed from the child's parent, guardian, or legal
8    custodian.
9    (c) (Blank).
10    (d) (Blank).
11    (5) The court shall liberally allow the petitioner to
12amend the petition to set forth a cause of action or to add,
13amend, or supplement factual allegations that form the basis
14for a cause of action up until 14 days before the adjudicatory
15hearing. The petitioner may amend the petition after that date
16and prior to the adjudicatory hearing if the court grants
17leave to amend upon a showing of good cause. The court may
18allow amendment of the petition to conform with the evidence
19at any time prior to ruling. In all cases in which the court
20has granted leave to amend based on new evidence or new
21allegations, the court shall permit the respondent an adequate
22opportunity to prepare a defense to the amended petition.
23    (6) At any time before dismissal of the petition or before
24final closing and discharge under Section 2-31, one or more
25motions in the best interests of the minor may be filed. The
26motion shall specify sufficient facts in support of the relief

 

 

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1requested.
2(Source: P.A. 103-22, eff. 8-8-23.)
 
3    (705 ILCS 405/2-21)  (from Ch. 37, par. 802-21)
4    Sec. 2-21. Findings and adjudication.
5    (1) The court shall state for the record the manner in
6which the parties received service of process and shall note
7whether the return or returns of service, postal return
8receipt or receipts for notice by certified mail, or
9certificate or certificates of publication have been filed in
10the court record. The court shall enter any appropriate orders
11of default against any parent who has been properly served in
12any manner and fails to appear.
13    No further service of process as defined in Sections 2-15
14and 2-16 is required in any subsequent proceeding for a parent
15who was properly served in any manner, except as required by
16Supreme Court Rule 11.
17    The caseworker shall testify about the diligent search
18conducted for the parent.
19    After hearing the evidence the court shall determine
20whether or not the minor is abused, neglected, or dependent.
21If it finds that the minor is not such a person, the court
22shall order the petition dismissed and the minor discharged.
23The court's determination of whether the minor is abused,
24neglected, or dependent shall be stated in writing with the
25factual basis supporting that determination.

 

 

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1    If the court finds that the minor is abused, neglected, or
2dependent, the court shall then determine and put in writing
3the factual basis supporting that determination, and specify,
4to the extent possible, the acts or omissions or both of each
5parent, guardian, or legal custodian that form the basis of
6the court's findings. That finding shall appear in the order
7of the court.
8    If the court finds that the child has been abused,
9neglected or dependent, the court shall admonish the parents
10that they must cooperate with the Department of Children and
11Family Services, comply with the terms of the service plan,
12and correct the conditions that require the child to be in
13care, or risk termination of parental rights.
14    If the court determines that a person has inflicted
15physical or sexual abuse upon a minor, the court shall report
16that determination to the Illinois State Police, which shall
17include that information in its report to the President of the
18school board for a school district that requests a criminal
19history records check of that person, or the regional
20superintendent of schools who requests a check of that person,
21as required under Section 10-21.9 or 34-18.5 of the School
22Code.
23    (2) If, pursuant to subsection (1) of this Section, the
24court determines and puts in writing the factual basis
25supporting the determination that the minor is either abused
26or neglected or dependent, the court shall then set a time not

 

 

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1later than 30 days after the entry of the finding for a
2dispositional hearing (unless an earlier date is required
3pursuant to Section 2-13.1) to be conducted under Section 2-22
4at which hearing the court shall determine whether it is
5consistent with the health, safety and best interests of the
6minor and the public that the minor he be made a ward of the
7court. To assist the court in making this and other
8determinations at the dispositional hearing, the court may
9order that an investigation be conducted and a dispositional
10report be prepared concerning the minor's physical and mental
11history and condition, family situation and background,
12economic status, education, occupation, history of delinquency
13or criminality, personal habits, and any other information
14that may be helpful to the court. The dispositional hearing
15may be continued once for a period not to exceed 30 days if the
16court finds that such continuance is necessary to complete the
17dispositional report.
18    (3) The time limits of this Section may be waived only by
19consent of all parties and approval by the court, as
20determined to be consistent with the health, safety and best
21interests of the minor.
22    (4) For all cases adjudicated prior to July 1, 1991, for
23which no dispositional hearing has been held prior to that
24date, a dispositional hearing under Section 2-22 shall be held
25within 90 days of July 1, 1991.
26    (5) The court may terminate the parental rights of a

 

 

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1parent at the initial dispositional hearing if all of the
2following conditions are met:
3        (i) the original or amended petition contains a
4    request for termination of parental rights and appointment
5    of a guardian with power to consent to adoption; and
6        (ii) the court has found by a preponderance of
7    evidence, introduced or stipulated to at an adjudicatory
8    hearing, that the child comes under the jurisdiction of
9    the court as an abused, neglected, or dependent minor
10    under Section 2-18; and
11        (iii) the court finds, on the basis of clear and
12    convincing evidence admitted at the adjudicatory hearing
13    that the parent is an unfit person under subdivision D of
14    Section 1 of the Adoption Act; and
15        (iv) the court determines in accordance with the rules
16    of evidence for dispositional proceedings, that:
17            (A) it is in the best interest of the minor and
18        public that the child be made a ward of the court;
19            (A-1) the petitioner has demonstrated that
20        guardianship is not sufficient to protect the health,
21        safety, and welfare of the minor;
22            (A-3) the minor is open to the permanency option
23        of adoption;
24            (A-5) reasonable efforts under subsection (l-1) of
25        Section 5 of the Children and Family Services Act are
26        inappropriate or such efforts were made and were

 

 

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1        unsuccessful; and
2            (B) termination of parental rights and appointment
3        of a guardian with power to consent to adoption is in
4        the best interest of the child pursuant to Section
5        2-29.
6(Source: P.A. 102-538, eff. 8-20-21.)
 
7    (705 ILCS 405/2-22)  (from Ch. 37, par. 802-22)
8    Sec. 2-22. Dispositional hearing; evidence; continuance.
9    (1) At the dispositional hearing, the court shall
10determine whether it is in the best interests of the minor and
11the public that the minor be made a ward of the court, and, if
12the minor is to be made a ward of the court, the court shall
13determine the proper disposition best serving the health,
14safety and interests of the minor and the public. The court
15also shall consider the Department's due diligence in family
16finding efforts for the minor required under subsection (2.5)
17of Section 2-10, permanency goal set for the minor, the nature
18of the service plan for the minor and the services delivered
19and to be delivered under the plan. All evidence helpful in
20determining these questions, including oral and written
21reports, may be admitted and may be relied upon to the extent
22of its probative value, even though not competent for the
23purposes of the adjudicatory hearing.
24    (2) Once all parties respondent have been served in
25compliance with Sections 2-15 and 2-16, no further service or

 

 

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1notice must be given to a party prior to proceeding to a
2dispositional hearing. Before making an order of disposition
3the court shall advise the State's Attorney, the parents,
4guardian, custodian or responsible relative or their counsel
5of the factual contents and the conclusions of the reports
6prepared for the use of the court and considered by it, and
7afford fair opportunity, if requested, to controvert them. The
8court may order, however, that the documents containing such
9reports need not be submitted to inspection, or that sources
10of confidential information need not be disclosed except to
11the attorneys for the parties. Factual contents, conclusions,
12documents and sources disclosed by the court under this
13paragraph shall not be further disclosed without the express
14approval of the court pursuant to an in camera hearing.
15    (3) A record of a prior continuance under supervision
16under Section 2-20, whether successfully completed with regard
17to the child's health, safety and best interest, or not, is
18admissible at the dispositional hearing.
19    (4) On its own motion or that of the State's Attorney, a
20parent, guardian, custodian, responsible relative or counsel,
21the court may adjourn the hearing for a reasonable period to
22receive reports or other evidence, if the adjournment is
23consistent with the health, safety and best interests of the
24minor, but in no event shall continuances be granted so that
25the dispositional hearing occurs more than 6 months after the
26initial removal of a minor from the minor's home. In

 

 

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1scheduling investigations and hearings, the court shall give
2priority to proceedings in which a minor has been removed from
3the minor's home before an order of disposition has been made.
4    (5) Unless already set by the court, at the conclusion of
5the dispositional hearing, the court shall set the date for
6the first permanency hearing, to be conducted under subsection
7(2) of Section 2-28, which shall be held: (a) within 12 months
8from the date temporary custody was taken, (b) if the parental
9rights of both parents have been terminated in accordance with
10the procedure described in subsection (5) of Section 2-21,
11within 30 days of the termination of parental rights and
12appointment of a guardian with power to consent to adoption,
13or (c) in accordance with subsection (2) of Section 2-13.1.
14    (6) When the court declares a child to be a ward of the
15court and awards guardianship to the Department of Children
16and Family Services: ,
17        (a) the court shall admonish the parents, guardian,
18    custodian or responsible relative that the parents must
19    cooperate with the Department of Children and Family
20    Services, comply with the terms of the service plans, and
21    correct the conditions which require the child to be in
22    care, or risk termination of their parental rights; and
23    (b) the court shall inquire of the parties of any intent to
24    proceed with termination of parental rights of a parent:
25            (A) whose identity still remains unknown;
26            (B) whose whereabouts remain unknown; or

 

 

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1            (C) who was found in default at the adjudicatory
2        hearing and has not obtained an order setting aside
3        the default in accordance with Section 2-1301 of the
4        Code of Civil Procedure; and .
5        (b) the court shall order the Department to act with
6    due diligence to contact relatives in a meaningful way to
7    achieve a permanent home or establish lifelong connections
8    for the child, including, but not limited to:
9            (A) completing new family-finding efforts for
10        relatives of the minor required under subsection (2.5)
11        of Section 2-10 within 30 days of an unknown parent's
12        identity being determined or a parent whose
13        whereabouts were unknown being located;
14            (B) making a sufficient showing to the court that
15        contacting a specific relative is inappropriate in
16        order for the court to exercise judicial oversight and
17        ensure relatives excluded by the Department as
18        potential placements or connections for the child are
19        excluded as a result of reasonable cause to believe
20        the health, safety, or welfare of the minor would be
21        jeopardized;
22            (C) maintaining efforts to engage located
23        relatives in identifying additional family and close
24        relations who may help with care of support for the
25        child and involving them in developing and carrying
26        out a plan for the emotional and legal permanency of

 

 

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1        the child; and
2            (D) providing evidence to the court at each
3        subsequent hearing sufficient for the court to
4        determine the Department's compliance with the
5        court-ordered requirements under paragraph (b) which
6        may be demonstrated by documented efforts to include
7        relatives in family team conferencing and visitation,
8        asking relatives to assist with transportation of the
9        family, providing respite care, or provide placement
10        for the child.
11(Source: P.A. 103-22, eff. 8-8-23.)
 
12    (705 ILCS 405/2-23)  (from Ch. 37, par. 802-23)
13    Sec. 2-23. Kinds of dispositional orders.
14    (1) The following kinds of orders of disposition may be
15made in respect of wards of the court:
16        (a) A minor found to be neglected or abused under
17    Section 2-3 or dependent under Section 2-4 may be (1)
18    continued in the custody of the minor's parents, guardian
19    or legal custodian; (2) placed in accordance with Section
20    2-27; (3) restored to the custody of the parent, parents,
21    guardian, or legal custodian, provided the court shall
22    order the parent, parents, guardian, or legal custodian to
23    cooperate with the Department of Children and Family
24    Services and comply with the terms of an after-care plan
25    or risk the loss of custody of the child and the possible

 

 

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1    termination of their parental rights; or (4) ordered
2    partially or completely emancipated in accordance with the
3    provisions of the Emancipation of Minors Act.
4        If the minor is being restored to the custody of a
5    parent, legal custodian, or guardian who lives outside of
6    Illinois, and an Interstate Compact has been requested and
7    refused, the court may order the Department of Children
8    and Family Services to arrange for an assessment of the
9    minor's proposed living arrangement and for ongoing
10    monitoring of the health, safety, and best interest of the
11    minor and compliance with any order of protective
12    supervision entered in accordance with Section 2-24.
13        However, in any case in which a minor is found by the
14    court to be neglected or abused under Section 2-3 of this
15    Act, custody of the minor shall not be restored to any
16    parent, guardian or legal custodian whose acts or
17    omissions or both have been identified, pursuant to
18    subsection (1) of Section 2-21, as forming the basis for
19    the court's finding of abuse or neglect, until such time
20    as a hearing is held on the issue of the best interests of
21    the minor and the fitness of such parent, guardian or
22    legal custodian to care for the minor without endangering
23    the minor's health or safety, and the court enters an
24    order that such parent, guardian or legal custodian is fit
25    to care for the minor.
26        (b) A minor found to be dependent under Section 2-4

 

 

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1    may be (1) placed in accordance with Section 2-27 or (2)
2    ordered partially or completely emancipated in accordance
3    with the provisions of the Emancipation of Minors Act.
4        However, in any case in which a minor is found by the
5    court to be dependent under Section 2-4 of this Act,
6    custody of the minor shall not be restored to any parent,
7    guardian or legal custodian whose acts or omissions or
8    both have been identified, pursuant to subsection (1) of
9    Section 2-21, as forming the basis for the court's finding
10    of dependency, until such time as a hearing is held on the
11    issue of the fitness of such parent, guardian or legal
12    custodian to care for the minor without endangering the
13    minor's health or safety, and the court enters an order
14    that such parent, guardian or legal custodian is fit to
15    care for the minor.
16        (b-1) A minor between the ages of 18 and 21 may be
17    placed pursuant to Section 2-27 of this Act if (1) the
18    court has granted a supplemental petition to reinstate
19    wardship of the minor pursuant to subsection (2) of
20    Section 2-33, (2) the court has adjudicated the minor a
21    ward of the court, permitted the minor to return home
22    under an order of protection, and subsequently made a
23    finding that it is in the minor's best interest to vacate
24    the order of protection and commit the minor to the
25    Department of Children and Family Services for care and
26    service, or (3) the court returned the minor to the

 

 

HB4781- 156 -LRB103 38607 KTG 68743 b

1    custody of the respondent under Section 2-4b of this Act
2    without terminating the proceedings under Section 2-31 of
3    this Act, and subsequently made a finding that it is in the
4    minor's best interest to commit the minor to the
5    Department of Children and Family Services for care and
6    services.
7        (c) When the court awards guardianship to the
8    Department of Children and Family Services, the court
9    shall order: (i) the parents to cooperate with the
10    Department of Children and Family Services, comply with
11    the terms of the service plans, and correct the conditions
12    that require the child to be in care, or risk termination
13    of their parental rights; and (ii) the Department to act
14    with due diligence in family finding to achieve a
15    permanent home or establish lifelong connections for the
16    child, as required under paragraph (b) of subsection (6)
17    of Section 2-22.
18    (2) Any order of disposition may provide for protective
19supervision under Section 2-24 and may include an order of
20protection under Section 2-25.
21    Unless the order of disposition expressly so provides, it
22does not operate to close proceedings on the pending petition,
23but is subject to modification, not inconsistent with Section
242-28, until final closing and discharge of the proceedings
25under Section 2-31.
26    (3) The court also shall enter any other orders necessary

 

 

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1to fulfill the service plan, including, but not limited to,
2(i) orders requiring parties to cooperate with services, (ii)
3restraining orders controlling the conduct of any party likely
4to frustrate the achievement of the goal, and (iii) visiting
5orders, and (iv) orders requiring the Department or licensed
6child welfare agency to locate and assess potential relatives
7as placement resources and report the outcome to the court.
8When the child is placed separately from a sibling, the court
9shall review the Sibling Contact Support Plan developed under
10subsection (f) of Section 7.4 of the Children and Family
11Services Act, if applicable. If the Department has not
12convened a meeting to develop a Sibling Contact Support Plan,
13or if the court finds that the existing Plan is not in the
14child's best interest, the court may enter an order requiring
15the Department to develop and implement a Sibling Contact
16Support Plan under subsection (f) of Section 7.4 of the
17Children and Family Services Act or order mediation. Unless
18otherwise specifically authorized by law, the court is not
19empowered under this subsection (3) to order specific
20placements, specific services, or specific service providers
21to be included in the plan. If, after receiving evidence, the
22court determines that the services contained in the plan are
23not reasonably calculated to facilitate achievement of the
24permanency goal, the court shall put in writing the factual
25basis supporting the determination and enter specific findings
26based on the evidence. The court also shall enter an order for

 

 

HB4781- 158 -LRB103 38607 KTG 68743 b

1the Department to develop and implement a new service plan or
2to implement changes to the current service plan consistent
3with the court's findings. The new service plan shall be filed
4with the court and served on all parties within 45 days after
5the date of the order. The court shall continue the matter
6until the new service plan is filed. Except as authorized by
7subsection (3.5) of this Section or authorized by law, the
8court is not empowered under this Section to order specific
9placements, specific services, or specific service providers
10to be included in the service plan.
11    (3.5) If, after reviewing the evidence, including evidence
12from the Department, the court determines that the minor's
13current or planned placement is not necessary or appropriate
14to facilitate achievement of the permanency goal, the court
15shall put in writing the factual basis supporting its
16determination and enter specific findings based on the
17evidence. If the court finds that the minor's current or
18planned placement is not necessary or appropriate, the court
19may enter an order directing the Department to implement a
20recommendation by the minor's treating clinician or a
21clinician contracted by the Department to evaluate the minor
22or a recommendation made by the Department. If the Department
23places a minor in a placement under an order entered under this
24subsection (3.5), the Department has the authority to remove
25the minor from that placement when a change in circumstances
26necessitates the removal to protect the minor's health,

 

 

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1safety, and best interest. If the Department determines
2removal is necessary, the Department shall notify the parties
3of the planned placement change in writing no later than 10
4days prior to the implementation of its determination unless
5remaining in the placement poses an imminent risk of harm to
6the minor, in which case the Department shall notify the
7parties of the placement change in writing immediately
8following the implementation of its decision. The Department
9shall notify others of the decision to change the minor's
10placement as required by Department rule.
11    (4) In addition to any other order of disposition, the
12court may order any minor adjudicated neglected with respect
13to the minor's own injurious behavior to make restitution, in
14monetary or non-monetary form, under the terms and conditions
15of Section 5-5-6 of the Unified Code of Corrections, except
16that the "presentence hearing" referred to therein shall be
17the dispositional hearing for purposes of this Section. The
18parent, guardian or legal custodian of the minor may pay some
19or all of such restitution on the minor's behalf.
20    (5) Any order for disposition where the minor is committed
21or placed in accordance with Section 2-27 shall provide for
22the parents or guardian of the estate of such minor to pay to
23the legal custodian or guardian of the person of the minor such
24sums as are determined by the custodian or guardian of the
25person of the minor as necessary for the minor's needs. Such
26payments may not exceed the maximum amounts provided for by

 

 

HB4781- 160 -LRB103 38607 KTG 68743 b

1Section 9.1 of the Children and Family Services Act.
2    (6) Whenever the order of disposition requires the minor
3to attend school or participate in a program of training, the
4truant officer or designated school official shall regularly
5report to the court if the minor is a chronic or habitual
6truant under Section 26-2a of the School Code.
7    (7) The court may terminate the parental rights of a
8parent at the initial dispositional hearing if all of the
9conditions in subsection (5) of Section 2-21 are met.
10(Source: P.A. 102-489, eff. 8-20-21; 103-22, eff. 8-8-23.)
 
11    (705 ILCS 405/2-27)  (from Ch. 37, par. 802-27)
12    Sec. 2-27. Placement; legal custody or guardianship.
13    (1) If the court determines and puts in writing the
14factual basis supporting the determination of whether the
15parents, guardian, or legal custodian of a minor adjudged a
16ward of the court are unfit or are unable, for some reason
17other than financial circumstances alone, to care for,
18protect, train or discipline the minor or are unwilling to do
19so, and that the health, safety, and best interest of the minor
20will be jeopardized if the minor remains in the custody of the
21minor's parents, guardian or custodian, the court may at this
22hearing and at any later point:
23        (a) place the minor in the custody of a suitable
24    relative or other person as legal custodian or guardian;
25        (a-5) with the approval of the Department of Children

 

 

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1    and Family Services, place the minor in the subsidized
2    guardianship of a suitable relative or other person as
3    legal guardian; "subsidized guardianship" has the meaning
4    ascribed to that term in Section 4d of the Children and
5    Family Services Act means a private guardianship
6    arrangement for children for whom the permanency goals of
7    return home and adoption have been ruled out and who meet
8    the qualifications for subsidized guardianship as defined
9    by the Department of Children and Family Services in
10    administrative rules;
11        (b) place the minor under the guardianship of a
12    probation officer;
13        (c) commit the minor to an agency for care or
14    placement, except an institution under the authority of
15    the Department of Corrections or of the Department of
16    Children and Family Services;
17        (d) on and after the effective date of this amendatory
18    Act of the 98th General Assembly and before January 1,
19    2017, commit the minor to the Department of Children and
20    Family Services for care and service; however, a minor
21    charged with a criminal offense under the Criminal Code of
22    1961 or the Criminal Code of 2012 or adjudicated
23    delinquent shall not be placed in the custody of or
24    committed to the Department of Children and Family
25    Services by any court, except (i) a minor less than 16
26    years of age and committed to the Department of Children

 

 

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1    and Family Services under Section 5-710 of this Act, (ii)
2    a minor under the age of 18 for whom an independent basis
3    of abuse, neglect, or dependency exists, or (iii) a minor
4    for whom the court has granted a supplemental petition to
5    reinstate wardship pursuant to subsection (2) of Section
6    2-33 of this Act. On and after January 1, 2017, commit the
7    minor to the Department of Children and Family Services
8    for care and service; however, a minor charged with a
9    criminal offense under the Criminal Code of 1961 or the
10    Criminal Code of 2012 or adjudicated delinquent shall not
11    be placed in the custody of or committed to the Department
12    of Children and Family Services by any court, except (i) a
13    minor less than 15 years of age and committed to the
14    Department of Children and Family Services under Section
15    5-710 of this Act, (ii) a minor under the age of 18 for
16    whom an independent basis of abuse, neglect, or dependency
17    exists, or (iii) a minor for whom the court has granted a
18    supplemental petition to reinstate wardship pursuant to
19    subsection (2) of Section 2-33 of this Act. An independent
20    basis exists when the allegations or adjudication of
21    abuse, neglect, or dependency do not arise from the same
22    facts, incident, or circumstances which give rise to a
23    charge or adjudication of delinquency. The Department
24    shall be given due notice of the pendency of the action and
25    the Guardianship Administrator of the Department of
26    Children and Family Services shall be appointed guardian

 

 

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1    of the person of the minor. Whenever the Department seeks
2    to discharge a minor from its care and service, the
3    Guardianship Administrator shall petition the court for an
4    order terminating guardianship. The Guardianship
5    Administrator may designate one or more other officers of
6    the Department, appointed as Department officers by
7    administrative order of the Department Director,
8    authorized to affix the signature of the Guardianship
9    Administrator to documents affecting the guardian-ward
10    relationship of children for whom the Guardianship
11    Administrator has been appointed guardian at such times as
12    the Guardianship Administrator is unable to perform the
13    duties of the Guardianship Administrator office. The
14    signature authorization shall include but not be limited
15    to matters of consent of marriage, enlistment in the armed
16    forces, legal proceedings, adoption, major medical and
17    surgical treatment and application for driver's license.
18    Signature authorizations made pursuant to the provisions
19    of this paragraph shall be filed with the Secretary of
20    State and the Secretary of State shall provide upon
21    payment of the customary fee, certified copies of the
22    authorization to any court or individual who requests a
23    copy.
24    (1.5) In making a determination under this Section, the
25court shall also consider whether, based on health, safety,
26and the best interests of the minor,

 

 

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1        (a) appropriate services aimed at family preservation
2    and family reunification have been unsuccessful in
3    rectifying the conditions that have led to a finding of
4    unfitness or inability to care for, protect, train, or
5    discipline the minor, or
6        (b) no family preservation or family reunification
7    services would be appropriate,
8and if the petition or amended petition contained an
9allegation that the parent is an unfit person as defined in
10subdivision (D) of Section 1 of the Adoption Act, and the order
11of adjudication recites that parental unfitness was
12established by clear and convincing evidence, the court shall,
13when appropriate and in the best interest of the minor, enter
14an order terminating parental rights and appointing a guardian
15with power to consent to adoption in accordance with Section
162-29.
17    When making a placement, the court, wherever possible,
18shall require the Department of Children and Family Services
19to select a person holding the same religious belief as that of
20the minor or a private agency controlled by persons of like
21religious faith of the minor and shall require the Department
22to otherwise comply with Section 7 of the Children and Family
23Services Act in placing the child. In addition, whenever
24alternative plans for placement are available, the court shall
25ascertain and consider, to the extent appropriate in the
26particular case, the views and preferences of the minor.

 

 

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1    (2) When a minor is placed with a suitable relative or
2other person pursuant to item (a) of subsection (1), the court
3shall appoint the suitable relative or other person the legal
4custodian or guardian of the person of the minor. When a minor
5is committed to any agency, the court shall appoint the proper
6officer or representative thereof as legal custodian or
7guardian of the person of the minor. Legal custodians and
8guardians of the person of the minor have the respective
9rights and duties set forth in subsection (9) of Section 1-3
10except as otherwise provided by order of court; but no
11guardian of the person may consent to adoption of the minor
12unless that authority is conferred upon the guardian in
13accordance with Section 2-29. An agency whose representative
14is appointed guardian of the person or legal custodian of the
15minor may place the minor in any child care facility, but the
16facility must be licensed under the Child Care Act of 1969 or
17have been approved by the Department of Children and Family
18Services as meeting the standards established for such
19licensing. No agency may place a minor adjudicated under
20Sections 2-3 or 2-4 in a child care facility unless the
21placement is in compliance with the rules and regulations for
22placement under this Section promulgated by the Department of
23Children and Family Services under Section 5 of the Children
24and Family Services Act. Like authority and restrictions shall
25be conferred by the court upon any probation officer who has
26been appointed guardian of the person of a minor.

 

 

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1    (3) No placement by any probation officer or agency whose
2representative is appointed guardian of the person or legal
3custodian of a minor may be made in any out of State child care
4facility unless it complies with the Interstate Compact on the
5Placement of Children. Placement with a parent, however, is
6not subject to that Interstate Compact.
7    (4) The clerk of the court shall issue to the legal
8custodian or guardian of the person a certified copy of the
9order of court, as proof of the legal custodian's or
10guardian's authority. No other process is necessary as
11authority for the keeping of the minor.
12    (5) Custody or guardianship granted under this Section
13continues until the court otherwise directs, but not after the
14minor reaches the age of 19 years except as set forth in
15Section 2-31, or if the minor was previously committed to the
16Department of Children and Family Services for care and
17service and the court has granted a supplemental petition to
18reinstate wardship pursuant to subsection (2) of Section 2-33.
19    (6) (Blank).
20(Source: P.A. 103-22, eff. 8-8-23.)
 
21    (705 ILCS 405/2-28)
22    Sec. 2-28. Court review.
23    (1) The court may require any legal custodian or guardian
24of the person appointed under this Act to report periodically
25to the court or may cite the legal custodian or guardian into

 

 

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1court and require the legal custodian, guardian, or the legal
2custodian's or guardian's agency to make a full and accurate
3report of the doings of the legal custodian, guardian, or
4agency on behalf of the minor. The custodian or guardian,
5within 10 days after such citation, or earlier if the court
6determines it to be necessary to protect the health, safety,
7or welfare of the minor, shall make the report, either in
8writing verified by affidavit or orally under oath in open
9court, or otherwise as the court directs. Upon the hearing of
10the report the court may remove the custodian or guardian and
11appoint another in the custodian's or guardian's stead or
12restore the minor to the custody of the minor's parents or
13former guardian or custodian. However, custody of the minor
14shall not be restored to any parent, guardian, or legal
15custodian in any case in which the minor is found to be
16neglected or abused under Section 2-3 or dependent under
17Section 2-4 of this Act, unless the minor can be cared for at
18home without endangering the minor's health or safety and it
19is in the best interests of the minor, and if such neglect,
20abuse, or dependency is found by the court under paragraph (1)
21of Section 2-21 of this Act to have come about due to the acts
22or omissions or both of such parent, guardian, or legal
23custodian, until such time as an investigation is made as
24provided in paragraph (5) and a hearing is held on the issue of
25the fitness of such parent, guardian, or legal custodian to
26care for the minor and the court enters an order that such

 

 

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1parent, guardian, or legal custodian is fit to care for the
2minor.
3    (1.5) The public agency that is the custodian or guardian
4of the minor shall file a written report with the court no
5later than 15 days after a minor in the agency's care remains:
6        (1) in a shelter placement beyond 30 days;
7        (2) in a psychiatric hospital past the time when the
8    minor is clinically ready for discharge or beyond medical
9    necessity for the minor's health; or
10        (3) in a detention center or Department of Juvenile
11    Justice facility solely because the public agency cannot
12    find an appropriate placement for the minor.
13    The report shall explain the steps the agency is taking to
14ensure the minor is placed appropriately, how the minor's
15needs are being met in the minor's shelter placement, and if a
16future placement has been identified by the Department, why
17the anticipated placement is appropriate for the needs of the
18minor and the anticipated placement date.
19    (1.6) Within 30 days after placing a child in its care in a
20qualified residential treatment program, as defined by the
21federal Social Security Act, the Department of Children and
22Family Services shall prepare a written report for filing with
23the court and send copies of the report to all parties. Within
2420 days of the filing of the report, or as soon thereafter as
25the court's schedule allows but not more than 60 days from the
26date of placement, the court shall hold a hearing to consider

 

 

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1the Department's report and determine whether placement of the
2child in a qualified residential treatment program provides
3the most effective and appropriate level of care for the child
4in the least restrictive environment and if the placement is
5consistent with the short-term and long-term goals for the
6child, as specified in the permanency plan for the child. The
7court shall approve or disapprove the placement. If
8applicable, the requirements of Sections 2-27.1 and 2-27.2
9must also be met. The Department's written report and the
10court's written determination shall be included in and made
11part of the case plan for the child. If the child remains
12placed in a qualified residential treatment program, the
13Department shall submit evidence at each status and permanency
14hearing:
15        (1) demonstrating that on-going assessment of the
16    strengths and needs of the child continues to support the
17    determination that the child's needs cannot be met through
18    placement in a foster family home, that the placement
19    provides the most effective and appropriate level of care
20    for the child in the least restrictive, appropriate
21    environment, and that the placement is consistent with the
22    short-term and long-term permanency goal for the child, as
23    specified in the permanency plan for the child;
24        (2) documenting the specific treatment or service
25    needs that should be met for the child in the placement and
26    the length of time the child is expected to need the

 

 

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1    treatment or services; and
2        (3) the efforts made by the agency to prepare the
3    child to return home or to be placed with a fit and willing
4    relative, a legal guardian, or an adoptive parent, or in a
5    foster family home.
6    (1.7) Within 45 days of the Department taking a child into
7protective custody, the Department shall file a written report
8with the court and send copies of the report to all parties.
9The report shall explain the due diligence the agency is
10taking to ensure an intensive relative search and engagement
11strategy is being used to identify family and other close
12adults and then involve them in developing and carrying out a
13plan for the emotional and legal permanency of the child. The
14report shall list the outcome of contacts made, whether
15placement options are being evaluated, including kinship
16caregiver home certification under Section 3.4 of the Child
17Care Act of 1969, and the reasonable efforts the agency is
18undertaking to remove barriers to placement and certification
19of a prospective kinship caregiver home.
20    (2) The first permanency hearing shall be conducted by the
21judge. Subsequent permanency hearings may be heard by a judge
22or by hearing officers appointed or approved by the court in
23the manner set forth in Section 2-28.1 of this Act. The initial
24hearing shall be held (a) within 12 months from the date
25temporary custody was taken, regardless of whether an
26adjudication or dispositional hearing has been completed

 

 

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1within that time frame, (b) if the parental rights of both
2parents have been terminated in accordance with the procedure
3described in subsection (5) of Section 2-21, within 30 days of
4the order for termination of parental rights and appointment
5of a guardian with power to consent to adoption, or (c) in
6accordance with subsection (2) of Section 2-13.1. Subsequent
7permanency hearings shall be held every 6 months or more
8frequently if necessary in the court's determination following
9the initial permanency hearing, in accordance with the
10standards set forth in this Section, until the court
11determines that the plan and goal have been achieved. Once the
12plan and goal have been achieved, if the minor remains in
13substitute care, the case shall be reviewed at least every 6
14months thereafter, subject to the provisions of this Section,
15unless the minor is placed in the guardianship of a suitable
16relative or other person and the court determines that further
17monitoring by the court does not further the health, safety,
18or best interest of the child and that this is a stable
19permanent placement. The permanency hearings must occur within
20the time frames set forth in this subsection and may not be
21delayed in anticipation of a report from any source or due to
22the agency's failure to timely file its written report (this
23written report means the one required under the next paragraph
24and does not mean the service plan also referred to in that
25paragraph).
26    The public agency that is the custodian or guardian of the

 

 

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1minor, or another agency responsible for the minor's care,
2shall ensure that all parties to the permanency hearings are
3provided a copy of the most recent service plan prepared
4within the prior 6 months at least 14 days in advance of the
5hearing. If not contained in the agency's service plan, the
6agency shall also:
7        (A) include a report setting forth (i) any special
8    physical, psychological, educational, medical, emotional,
9    or other needs of the minor or the minor's family that are
10    relevant to a permanency or placement determination, and
11    (ii) for any minor age 16 or over, a written description of
12    the programs and services that will enable the minor to
13    prepare for independent living, and (iii) a written
14    description of family-finding efforts the agency has
15    undertaken since the most recent report to the court to
16    plan for the emotional and legal permanency of the minor; .
17    If not contained in the agency's service plan, the
18    agency's report shall
19        (B) specify if a minor is placed in a licensed child
20    care facility under a corrective plan by the Department
21    due to concerns impacting the minor's safety and
22    well-being. The report shall explain the steps the
23    Department is taking to ensure the safety and well-being
24    of the minor and that the minor's needs are met in the
25    facility; . The agency's written report must
26        (C) detail what progress or lack of progress the

 

 

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1    parent has made in correcting the conditions requiring the
2    child to be in care; whether the child can be returned home
3    without jeopardizing the child's health, safety, and
4    welfare, and if not, what permanency goal is recommended
5    to be in the best interests of the child, and why the other
6    permanency goals are not appropriate. If a permanency goal
7    change to adoption only is being recommended, the report
8    must: (i) demonstrate why guardianship is not sufficient
9    to protect the health, safety, and welfare of the minor;
10    (ii) state that after meeting with the agency to discuss
11    subsidized guardianship as an alternative to adoption, the
12    caregiver informed the agency that the caregiver is
13    unwilling or unable to pursue guardianship; (iii) state
14    the child's wishes as to the permanency goal and
15    placement; and (iv) indicate whether the child is placed
16    in an adoptive home or has an adoptive home identified;
17    and
18        (D) detail the due diligence the agency has taken to
19    ensure an intensive relative search and engagement
20    strategy is being used to identify family and other close
21    adults and then involve them in developing and carrying
22    out a plan for the emotional and legal permanency of the
23    child. The report should list the outcome of contacts
24    made, and if the minor is not placed in the home of a
25    relative or a kinship caregiver home, the agency's report
26    shall list all efforts taken since the last court hearing

 

 

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1    to engage relatives in placement resource planning, the
2    status of assessments of prospective caregiver homes, the
3    outcomes of the agency's efforts, the agency's plans to
4    continue to explore placement options, and the reasonable
5    efforts the agency is undertaking to remove barriers to
6    placement with relatives and certification of prospective
7    kinship caregiver homes as applicable.
8     The caseworker must appear and testify at the permanency
9hearing. If a permanency hearing has not previously been
10scheduled by the court, the moving party shall move for the
11setting of a permanency hearing and the entry of an order
12within the time frames set forth in this subsection.
13    (2.3) At the permanency hearing, the court shall determine
14the future status of the child. The court shall set one of the
15following permanency goals:
16        (A) The minor will be returned home by a specific date
17    within 5 months.
18        (B) The minor will be in short-term care with a
19    continued goal to return home within a period not to
20    exceed one year, where the progress of the parent or
21    parents is substantial giving particular consideration to
22    the age and individual needs of the minor.
23        (B-1) The minor will be in short-term care with a
24    continued goal to return home pending a status hearing.
25    When the court finds that a parent has not made reasonable
26    efforts or reasonable progress to date, the court shall

 

 

HB4781- 175 -LRB103 38607 KTG 68743 b

1    identify what actions the parent and the Department must
2    take in order to justify a finding of reasonable efforts
3    or reasonable progress and shall set a status hearing to
4    be held not earlier than 9 months from the date of
5    adjudication nor later than 11 months from the date of
6    adjudication during which the parent's progress will again
7    be reviewed.
8        (C) The minor will be in substitute care pending court
9    determination on termination of parental rights. At a
10    minimum, the following factors must be weighed when
11    selecting this goal:
12            (i) whether the agency has discussed subsidized
13        guardianship with the caregiver as an alternative to
14        adoption and the caregiver is unwilling or unable to
15        pursue guardianship, but the caregiver does wish to
16        adopt;
17            (ii) whether the minor, if age appropriate,
18        expresses a preference to be adopted over placement in
19        a subsidized guardianship arrangement;
20            (iii) whether the parent has expressed a
21        preference for adoption over a subsidized guardianship
22        placement if it is deemed appropriate for the parent's
23        preferences to be considered; and
24            (iv) whether subsidized guardianship is not
25        sufficient to protect the health, safety, and welfare
26        of the minor.

 

 

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1        (D) Adoption, provided that parental rights have been
2    terminated or relinquished.
3        (E) The guardianship of the minor will be transferred
4    to an individual or couple on a permanent basis provided
5    that goals (A) through (B-1) (D) have been deemed
6    inappropriate and not in the child's best interests.
7    Guardianship shall be presumed to be in the best interest
8    of the minor if goals (A) through (B-1) are not
9    appropriate and any of the following conditions exist: The
10    court shall confirm that the Department has discussed
11    adoption, if appropriate, and guardianship with the
12    caregiver prior to changing a goal to guardianship.
13            (i) the minor is of sufficient age to remember the
14        minor's parents and cherish this familial identity;
15            (ii) one or both of the minor's parents are
16        unwilling to relinquish their parental rights, but
17        would be willing to support a subsidized guardianship;
18        or
19            (iii) the minor is already placed in a relative
20        home as defined in Section 2.38 of the Child Care Act
21        of 1969 or kinship caregiver home as defined in
22        Section 2.36 of the Child Care Act of 1969.
23        (F) The minor over age 15 will be in substitute care
24    pending independence. In selecting this permanency goal,
25    the Department of Children and Family Services may provide
26    services to enable reunification and to strengthen the

 

 

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1    minor's connections with family, fictive kin, and other
2    responsible adults, provided the services are in the
3    minor's best interest. The services shall be documented in
4    the service plan.
5        (G) The minor will be in substitute care because the
6    minor cannot be provided for in a home environment due to
7    developmental disabilities or mental illness or because
8    the minor is a danger to self or others, provided that
9    goals (A) through (D) have been deemed inappropriate and
10    not in the child's best interests.
11    In selecting any permanency goal, the court shall indicate
12in writing the reasons the goal was selected and why the
13preceding goals were deemed inappropriate and not in the
14child's best interest. Where the court has selected a
15permanency goal other than (A), (B), or (B-1), the Department
16of Children and Family Services shall not provide further
17reunification services, except as provided in paragraph (F) of
18this subsection (2.3) (2), but shall provide services
19consistent with the goal selected.
20        (H) Notwithstanding any other provision in this
21    Section, the court may select the goal of continuing
22    foster care as a permanency goal if:
23            (1) The Department of Children and Family Services
24        has custody and guardianship of the minor;
25            (2) The court has deemed all other permanency
26        goals inappropriate based on the child's best

 

 

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1        interest;
2            (3) The court has found compelling reasons, based
3        on written documentation reviewed by the court, to
4        place the minor in continuing foster care. Compelling
5        reasons include:
6                (a) the child does not wish to be adopted or to
7            be placed in the guardianship of the minor's
8            relative, kinship caregiver, or foster care
9            placement;
10                (b) the child exhibits an extreme level of
11            need such that the removal of the child from the
12            minor's placement would be detrimental to the
13            child; or
14                (c) the child who is the subject of the
15            permanency hearing has existing close and strong
16            bonds with a sibling, and achievement of another
17            permanency goal would substantially interfere with
18            the subject child's sibling relationship, taking
19            into consideration the nature and extent of the
20            relationship, and whether ongoing contact is in
21            the subject child's best interest, including
22            long-term emotional interest, as compared with the
23            legal and emotional benefit of permanence;
24            (4) The child has lived with the relative, kinship
25        caregiver, or foster parent for at least one year; and
26            (5) The relative, kinship caregiver, or foster

 

 

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1        parent currently caring for the child is willing and
2        capable of providing the child with a stable and
3        permanent environment.
4    The court shall set a permanency goal that is in the best
5interest of the child. In determining that goal, the court
6shall consult with the minor in an age-appropriate manner
7regarding the proposed permanency or transition plan for the
8minor. The court's determination shall include the following
9factors:
10        (1) Age of the child.
11        (2) Options available for permanence, including both
12    out-of-state and in-state placement options.
13        (3) Current placement of the child and the intent of
14    the family regarding subsidized guardianship and adoption.
15        (4) Emotional, physical, and mental status or
16    condition of the child.
17        (5) Types of services previously offered and whether
18    or not the services were successful and, if not
19    successful, the reasons the services failed.
20        (6) Availability of services currently needed and
21    whether the services exist.
22        (7) Status of siblings of the minor.
23        (8) Whether there is an identified and willing
24    potential permanent caregiver who fits one of the minor's
25    concurrent permanency goals.
26    The court shall consider (i) the permanency goal contained

 

 

HB4781- 180 -LRB103 38607 KTG 68743 b

1in the service plan, (ii) the appropriateness of the services
2contained in the plan and whether those services have been
3provided, (iii) whether reasonable efforts have been made by
4all the parties to the service plan to achieve the goal, and
5(iv) whether the plan and goal have been achieved. All
6evidence relevant to determining these questions, including
7oral and written reports, may be admitted and may be relied on
8to the extent of their probative value.
9    The court shall make findings as to whether, in violation
10of Section 8.2 of the Abused and Neglected Child Reporting
11Act, any portion of the service plan compels a child or parent
12to engage in any activity or refrain from any activity that is
13not reasonably related to remedying a condition or conditions
14that gave rise or which could give rise to any finding of child
15abuse or neglect. The services contained in the service plan
16shall include services reasonably related to remedy the
17conditions that gave rise to removal of the child from the home
18of the child's parents, guardian, or legal custodian or that
19the court has found must be remedied prior to returning the
20child home. Any tasks the court requires of the parents,
21guardian, or legal custodian or child prior to returning the
22child home must be reasonably related to remedying a condition
23or conditions that gave rise to or which could give rise to any
24finding of child abuse or neglect.
25    If the permanency goal is to return home, the court shall
26make findings that identify any problems that are causing

 

 

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1continued placement of the children away from the home and
2identify what outcomes would be considered a resolution to
3these problems. The court shall explain to the parents that
4these findings are based on the information that the court has
5at that time and may be revised, should additional evidence be
6presented to the court.
7    The court shall review the Sibling Contact Support Plan
8developed or modified under subsection (f) of Section 7.4 of
9the Children and Family Services Act, if applicable. If the
10Department has not convened a meeting to develop or modify a
11Sibling Contact Support Plan, or if the court finds that the
12existing Plan is not in the child's best interest, the court
13may enter an order requiring the Department to develop,
14modify, or implement a Sibling Contact Support Plan, or order
15mediation.
16    If the goal has been achieved, the court shall enter
17orders that are necessary to conform the minor's legal custody
18and status to those findings.
19    If, after receiving evidence, the court determines that
20the services contained in the plan are not reasonably
21calculated to facilitate achievement of the permanency goal,
22the court shall put in writing the factual basis supporting
23the determination and enter specific findings based on the
24evidence. The court also shall enter an order for the
25Department to develop and implement a new service plan or to
26implement changes to the current service plan consistent with

 

 

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1the court's findings. The new service plan shall be filed with
2the court and served on all parties within 45 days of the date
3of the order. The court shall continue the matter until the new
4service plan is filed. Except as authorized by subsection
5(2.5) of this Section and as otherwise specifically authorized
6by law, the court is not empowered under this Section to order
7specific placements, specific services, or specific service
8providers to be included in the service plan.
9    A guardian or custodian appointed by the court pursuant to
10this Act shall file updated case plans with the court every 6
11months.
12    Rights of wards of the court under this Act are
13enforceable against any public agency by complaints for relief
14by mandamus filed in any proceedings brought under this Act.
15    (2.5) If, after reviewing the evidence, including evidence
16from the Department, the court determines that the minor's
17current or planned placement is not necessary or appropriate
18to facilitate achievement of the permanency goal, the court
19shall put in writing the factual basis supporting its
20determination and enter specific findings based on the
21evidence. If the court finds that the minor's current or
22planned placement is not necessary or appropriate, the court
23may enter an order directing the Department to implement a
24recommendation by the minor's treating clinician or a
25clinician contracted by the Department to evaluate the minor
26or a recommendation made by the Department. If the Department

 

 

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1places a minor in a placement under an order entered under this
2subsection (2.5), the Department has the authority to remove
3the minor from that placement when a change in circumstances
4necessitates the removal to protect the minor's health,
5safety, and best interest. If the Department determines
6removal is necessary, the Department shall notify the parties
7of the planned placement change in writing no later than 10
8days prior to the implementation of its determination unless
9remaining in the placement poses an imminent risk of harm to
10the minor, in which case the Department shall notify the
11parties of the placement change in writing immediately
12following the implementation of its decision. The Department
13shall notify others of the decision to change the minor's
14placement as required by Department rule.
15    (3) Following the permanency hearing, the court shall
16enter a written order that includes the determinations
17required under subsections subsection (2) and (2.3) of this
18Section and sets forth the following:
19        (a) The future status of the minor, including the
20    permanency goal, and any order necessary to conform the
21    minor's legal custody and status to such determination; or
22        (b) If the permanency goal of the minor cannot be
23    achieved immediately, the specific reasons for continuing
24    the minor in the care of the Department of Children and
25    Family Services or other agency for short-term placement,
26    and the following determinations:

 

 

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1            (i) (Blank).
2            (ii) Whether the services required by the court
3        and by any service plan prepared within the prior 6
4        months have been provided and (A) if so, whether the
5        services were reasonably calculated to facilitate the
6        achievement of the permanency goal or (B) if not
7        provided, why the services were not provided.
8            (iii) Whether the minor's current or planned
9        placement is necessary, and appropriate to the plan
10        and goal, recognizing the right of minors to the least
11        restrictive (most family-like) setting available and
12        in close proximity to the parents' home consistent
13        with the health, safety, best interest, and special
14        needs of the minor and, if the minor is placed
15        out-of-state, whether the out-of-state placement
16        continues to be appropriate and consistent with the
17        health, safety, and best interest of the minor.
18            (iv) (Blank).
19            (v) (Blank).
20    (4) The minor or any person interested in the minor may
21apply to the court for a change in custody of the minor and the
22appointment of a new custodian or guardian of the person or for
23the restoration of the minor to the custody of the minor's
24parents or former guardian or custodian.
25    When return home is not selected as the permanency goal:
26        (a) The Department, the minor, or the current foster

 

 

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1    parent or relative caregiver seeking private guardianship
2    may file a motion for private guardianship of the minor.
3    Appointment of a guardian under this Section requires
4    approval of the court.
5        (b) The State's Attorney may file a motion to
6    terminate parental rights of any parent who has failed to
7    make reasonable efforts to correct the conditions which
8    led to the removal of the child or reasonable progress
9    toward the return of the child, as defined in subdivision
10    (D)(m) of Section 1 of the Adoption Act or for whom any
11    other unfitness ground for terminating parental rights as
12    defined in subdivision (D) of Section 1 of the Adoption
13    Act exists.
14        When parental rights have been terminated for a
15    minimum of 3 years and the child who is the subject of the
16    permanency hearing is 13 years old or older and is not
17    currently placed in a placement likely to achieve
18    permanency, the Department of Children and Family Services
19    shall make reasonable efforts to locate parents whose
20    rights have been terminated, except when the Court
21    determines that those efforts would be futile or
22    inconsistent with the subject child's best interests. The
23    Department of Children and Family Services shall assess
24    the appropriateness of the parent whose rights have been
25    terminated, and shall, as appropriate, foster and support
26    connections between the parent whose rights have been

 

 

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1    terminated and the youth. The Department of Children and
2    Family Services shall document its determinations and
3    efforts to foster connections in the child's case plan.
4    Custody of the minor shall not be restored to any parent,
5guardian, or legal custodian in any case in which the minor is
6found to be neglected or abused under Section 2-3 or dependent
7under Section 2-4 of this Act, unless the minor can be cared
8for at home without endangering the minor's health or safety
9and it is in the best interest of the minor, and if such
10neglect, abuse, or dependency is found by the court under
11paragraph (1) of Section 2-21 of this Act to have come about
12due to the acts or omissions or both of such parent, guardian,
13or legal custodian, until such time as an investigation is
14made as provided in paragraph (5) and a hearing is held on the
15issue of the health, safety, and best interest of the minor and
16the fitness of such parent, guardian, or legal custodian to
17care for the minor and the court enters an order that such
18parent, guardian, or legal custodian is fit to care for the
19minor. If a motion is filed to modify or vacate a private
20guardianship order and return the child to a parent, guardian,
21or legal custodian, the court may order the Department of
22Children and Family Services to assess the minor's current and
23proposed living arrangements and to provide ongoing monitoring
24of the health, safety, and best interest of the minor during
25the pendency of the motion to assist the court in making that
26determination. In the event that the minor has attained 18

 

 

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1years of age and the guardian or custodian petitions the court
2for an order terminating the minor's guardianship or custody,
3guardianship or custody shall terminate automatically 30 days
4after the receipt of the petition unless the court orders
5otherwise. No legal custodian or guardian of the person may be
6removed without the legal custodian's or guardian's consent
7until given notice and an opportunity to be heard by the court.
8    When the court orders a child restored to the custody of
9the parent or parents, the court shall order the parent or
10parents to cooperate with the Department of Children and
11Family Services and comply with the terms of an after-care
12plan, or risk the loss of custody of the child and possible
13termination of their parental rights. The court may also enter
14an order of protective supervision in accordance with Section
152-24.
16    If the minor is being restored to the custody of a parent,
17legal custodian, or guardian who lives outside of Illinois,
18and an Interstate Compact has been requested and refused, the
19court may order the Department of Children and Family Services
20to arrange for an assessment of the minor's proposed living
21arrangement and for ongoing monitoring of the health, safety,
22and best interest of the minor and compliance with any order of
23protective supervision entered in accordance with Section
242-24.
25    (5) Whenever a parent, guardian, or legal custodian files
26a motion for restoration of custody of the minor, and the minor

 

 

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1was adjudicated neglected, abused, or dependent as a result of
2physical abuse, the court shall cause to be made an
3investigation as to whether the movant has ever been charged
4with or convicted of any criminal offense which would indicate
5the likelihood of any further physical abuse to the minor.
6Evidence of such criminal convictions shall be taken into
7account in determining whether the minor can be cared for at
8home without endangering the minor's health or safety and
9fitness of the parent, guardian, or legal custodian.
10        (a) Any agency of this State or any subdivision
11    thereof shall cooperate with the agent of the court in
12    providing any information sought in the investigation.
13        (b) The information derived from the investigation and
14    any conclusions or recommendations derived from the
15    information shall be provided to the parent, guardian, or
16    legal custodian seeking restoration of custody prior to
17    the hearing on fitness and the movant shall have an
18    opportunity at the hearing to refute the information or
19    contest its significance.
20        (c) All information obtained from any investigation
21    shall be confidential as provided in Section 5-150 of this
22    Act.
23(Source: P.A. 102-193, eff. 7-30-21; 102-489, eff. 8-20-21;
24102-813, eff. 5-13-22; 103-22, eff. 8-8-23; 103-154, eff.
256-30-23; 103-171, eff. 1-1-24; revised 12-15-23.)
 

 

 

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1    Section 20. The Adoption Act is amended by changing
2Section 15.1 as follows:
 
3    (750 ILCS 50/15.1)  (from Ch. 40, par. 1519.1)
4    Sec. 15.1. (a) Any person over the age of 18, who has cared
5for a child for a continuous period of one year or more as a
6foster parent licensed under the Child Care Act of 1969 to
7operate a foster family home, as a person providing a kinship
8caregiver home approved under Section 3.4 of the Child Care
9Act of 1969, or as a person providing a relative home as
10defined by Sec 2.37 of the Child Care Act of 1969, may apply to
11the child's guardian with the power to consent to adoption,
12for such guardian's consent.
13    (b) Such guardian shall give preference and first
14consideration to that application over all other applications
15for adoption of the child but the guardian's final decision
16shall be based on the welfare and best interest of the child.
17In arriving at this decision, the guardian shall consider all
18relevant factors including but not limited to:
19        (1) the wishes of the child;
20        (2) the interaction and interrelationship of the child
21    with the applicant to adopt the child;
22        (3) the child's need for stability and continuity of
23    relationship with parent figures;
24        (4) the wishes of the child's parent as expressed in
25    writing prior to that parent's execution of a consent or

 

 

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1    surrender for adoption;
2        (5) the child's adjustment to the child's his present
3    home, school and community;
4        (6) the mental and physical health of all individuals
5    involved;
6        (7) the family ties between the child and the
7    applicant to adopt the child and the value of preserving
8    family ties between the child and the child's relatives,
9    including siblings;
10        (8) the background, age and living arrangements of the
11    applicant to adopt the child;
12        (9) the criminal background check report presented to
13    the court as part of the investigation required under
14    Section 6 of this Act.
15    (c) The final determination of the propriety of the
16adoption shall be within the sole discretion of the court,
17which shall base its decision on the welfare and best interest
18of the child. In arriving at this decision, the court shall
19consider all relevant factors including but not limited to the
20factors in subsection (b).
21    (d) If the court specifically finds that the guardian has
22abused the guardian's his discretion by withholding consent to
23an adoption in violation of the child's welfare and best
24interests, then the court may grant an adoption, after all of
25the other provisions of this Act have been complied with, with
26or without the consent of the guardian with power to consent to

 

 

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1adoption. If the court specifically finds that the guardian
2has abused the guardian's his discretion by granting consent
3to an adoption in violation of the child's welfare and best
4interests, then the court may deny an adoption even though the
5guardian with power to consent to adoption has consented to
6it.
7(Source: P.A. 90-608, eff. 6-30-98.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    20 ILCS 505/4d
4    20 ILCS 505/5
5    20 ILCS 505/6afrom Ch. 23, par. 5006a
6    20 ILCS 505/7from Ch. 23, par. 5007
7    20 ILCS 505/7.3
8    20 ILCS 505/50 new
9    20 ILCS 505/55 new
10    225 ILCS 10/2.05from Ch. 23, par. 2212.05
11    225 ILCS 10/2.17from Ch. 23, par. 2212.17
12    225 ILCS 10/2.35
13    225 ILCS 10/2.36 new
14    225 ILCS 10/2.37 new
15    225 ILCS 10/2.38 new
16    225 ILCS 10/2.39 new
17    225 ILCS 10/3.4 new
18    225 ILCS 10/4from Ch. 23, par. 2214
19    225 ILCS 10/4.3from Ch. 23, par. 2214.3
20    225 ILCS 10/5from Ch. 23, par. 2215
21    225 ILCS 10/7.3
22    225 ILCS 10/7.4
23    705 ILCS 405/1-3from Ch. 37, par. 801-3
24    705 ILCS 405/1-5from Ch. 37, par. 801-5
25    705 ILCS 405/2-9from Ch. 37, par. 802-9

 

 

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1    705 ILCS 405/2-10from Ch. 37, par. 802-10
2    705 ILCS 405/2-13from Ch. 37, par. 802-13
3    705 ILCS 405/2-21from Ch. 37, par. 802-21
4    705 ILCS 405/2-22from Ch. 37, par. 802-22
5    705 ILCS 405/2-23from Ch. 37, par. 802-23
6    705 ILCS 405/2-27from Ch. 37, par. 802-27
7    705 ILCS 405/2-28
8    750 ILCS 50/15.1from Ch. 40, par. 1519.1