HB5097 EnrolledLRB103 38538 KTG 68674 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Children and Family Services Act is amended
5by adding Section 7.3b as follows:
 
6    (20 ILCS 505/7.3b new)
7    Sec. 7.3b. Case plan requirements for hair-related needs
8of youth in care.
9    (a) Purposes. Hair plays an important role in fostering
10youths' connection to their race, culture, and identity.
11Haircare promotes positive messages of self-worth, comfort,
12and affection. Because these messages typically are developed
13through interactions with family and community members, it is
14necessary to establish a framework to ensure that youth in
15care are not deprived of these messages and that caregivers
16and appropriate child care facility staff are adequately
17prepared to provide culturally competent haircare for youth.
18    (b) Definitions. As used in this Section:
19        (1) "Haircare" means all care related to the
20    maintenance of hair, including, but not limited to, the
21    daily maintenance routine, cutting, styling, or dying of
22    hair.
23        (2) "Culture" means the norms, traditions, and

 

 

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1    experiences of a person's community that inform that
2    person's daily life and long-term goals.
3        (3) "Identity" means the memories, experiences,
4    relationships, and values that create one's sense of self.
5    This amalgamation creates a steady sense of who one is
6    over time, even as new facets are developed and
7    incorporated into one's identity.
8    (c) Haircare plan. Every case plan shall include a
9Haircare Plan for each youth in care that is developed in
10consultation with the youth based upon the youth's
11developmental abilities, as well as with the youth's parents
12or caregivers or appropriate child care facility staff if not
13contrary to the youth's wishes, and that outlines any training
14or resources required by the caregiver or appropriate child
15care facility staff to meet the haircare needs of the youth. At
16a minimum, the Haircare Plan must address:
17        (1) necessary haircare steps to be taken to preserve
18    the youth's desired connection to the youth's race,
19    culture, gender, religion, and identity;
20        (2) necessary steps to be taken specific to the
21    youth's haircare needs during emergency and health
22    situations; and
23        (3) the desires of the youth as they pertain to the
24    youth's haircare.
25    A youth's Haircare Plan must be reviewed at the same time
26as the case plan review required under Section 6a as well as

 

 

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1during monthly visits to ensure compliance with the Haircare
2Plan and identify any needed changes.
3    (d) By June 1, 2025, the Department shall develop training
4and resources to make available for caregivers and appropriate
5child care facility staff to provide culturally competent
6haircare to youth in care.
7    (e) By June 1, 2025, the Department must adopt rules to
8facilitate the implementation of this Section.
 
9    Section 10. The Foster Parent Law is amended by changing
10Sections 1-15 and 1-20 as follows:
 
11    (20 ILCS 520/1-15)
12    Sec. 1-15. Foster parent rights. A foster parent's rights
13include, but are not limited to, the following:
14        (1) The right to be treated with dignity, respect, and
15    consideration as a professional member of the child
16    welfare team.
17        (2) The right to be given standardized pre-service
18    training and appropriate ongoing training to meet mutually
19    assessed needs and improve the foster parent's skills.
20        (3) The right to be informed as to how to contact the
21    appropriate child placement agency in order to receive
22    information and assistance to access supportive services
23    for children in the foster parent's care.
24        (4) The right to receive timely financial

 

 

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1    reimbursement commensurate with the care needs of the
2    child as specified in the service plan.
3        (5) The right to be provided a clear, written
4    understanding of a placement agency's plan concerning the
5    placement of a child in the foster parent's home. Inherent
6    in this right is the foster parent's responsibility to
7    support activities that will promote the child's right to
8    relationships with the child's own family and cultural
9    heritage.
10        (6) The right to be provided a fair, timely, and
11    impartial investigation of complaints concerning the
12    foster parent's licensure, to be provided the opportunity
13    to have a person of the foster parent's choosing present
14    during the investigation, and to be provided due process
15    during the investigation; the right to be provided the
16    opportunity to request and receive mediation or an
17    administrative review of decisions that affect licensing
18    parameters, or both mediation and an administrative
19    review; and the right to have decisions concerning a
20    licensing corrective action plan specifically explained
21    and tied to the licensing standards violated.
22        (7) The right, at any time during which a child is
23    placed with the foster parent, to receive additional or
24    necessary information that is relevant to the care of the
25    child.
26        (7.5) The right to be given information concerning a

 

 

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

 

 

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1    concerning the child's family shall be limited to that
2    information that is essential for understanding the needs
3    of and providing care to the child in order to protect the
4    rights of the child's family. When a positive relationship
5    exists between the foster parent and the child's family,
6    the child's family may consent to disclosure of additional
7    information.
8        (10) The right to be given reasonable written notice
9    of (i) any change in a child's case plan, (ii) plans to
10    terminate the placement of the child with the foster
11    parent, and (iii) the reasons for the change or
12    termination in placement. The notice shall be waived only
13    in cases of a court order or when the child is determined
14    to be at imminent risk of harm.
15        (11) The right to be notified in a timely and complete
16    manner of all court hearings, including notice of the date
17    and time of the court hearing, the name of the judge or
18    hearing officer hearing the case, the location of the
19    hearing, and the court docket number of the case; and the
20    right to intervene in court proceedings or to seek
21    mandamus under the Juvenile Court Act of 1987.
22        (12) The right to be considered as a placement option
23    when a foster child who was formerly placed with the
24    foster parent is to be re-entered into foster care, if
25    that placement is consistent with the best interest of the
26    child and other children in the foster parent's home.

 

 

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1        (13) The right to have timely access to the child
2    placement agency's existing appeals process and the right
3    to be free from acts of harassment and retaliation by any
4    other party when exercising the right to appeal.
5        (14) The right to be informed of the Foster Parent
6    Hotline established under Section 35.6 of the Children and
7    Family Services Act and all of the rights accorded to
8    foster parents concerning reports of misconduct by
9    Department employees, service providers, or contractors,
10    confidential handling of those reports, and investigation
11    by the Inspector General appointed under Section 35.5 of
12    the Children and Family Services Act.
13        (15) The right to timely training necessary to meet
14    the haircare needs of the children placed in the foster
15    parent's care.
16(Source: P.A. 103-22, eff. 8-8-23.)
 
17    (20 ILCS 520/1-20)
18    Sec. 1-20. Foster parent responsibilities. A foster
19parent's responsibilities include, but are not limited to, the
20following:
21        (1) The responsibility to openly communicate and share
22    information about the child with other members of the
23    child welfare team.
24        (2) The responsibility to respect the confidentiality
25    of information concerning foster children and their

 

 

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

 

 

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

 

 

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

 

 

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1    preserves the child's desired connection to the child's
2    race, culture, gender, religion, and identity; and the
3    responsibility to take action to address these issues.
4(Source: P.A. 103-22, eff. 8-8-23.)
 
5    Section 15. The Foster Children's Bill of Rights Act is
6amended by changing Section 5 as follows:
 
7    (20 ILCS 521/5)
8    Sec. 5. Foster Children's Bill of Rights. It is the policy
9of this State that every child and adult in the care of the
10Department of Children and Family Services who is placed in
11foster care shall have the following rights:
12        (1) To live in a safe, healthy, and comfortable home
13    where they are treated with respect.
14        (2) To be free from physical, sexual, emotional, or
15    other abuse, or corporal punishment.
16        (3) To receive adequate and healthy food, adequate
17    clothing, and, for youth in group homes, residential
18    treatment facilities, and foster homes, an allowance.
19        (4) To receive medical, dental, vision, and mental
20    health services.
21        (5) To be free of the administration of medication or
22    chemical substances, unless authorized by a physician.
23        (6) To contact family members, unless prohibited by
24    court order, and social workers, attorneys, foster youth

 

 

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

 

 

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

 

 

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

 

 

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1    prevention of unplanned pregnancy, and the prevention and
2    treatment of sexually transmitted infections at 12 years
3    of age or older.
4        (28) To receive a copy of this Act from and have it
5    fully explained by the Department of Children and Family
6    Services when the child or adult is placed in the care of
7    the Department of Children and Family Services.
8        (29) To be placed in the least restrictive and most
9    family-like setting available and in close proximity to
10    their parent's home consistent with their health, safety,
11    best interests, and special needs.
12        (30) To participate in an age and developmentally
13    appropriate intake process immediately after placement in
14    the custody or guardianship of the Department. During the
15    intake process, the Department shall provide the youth
16    with a document describing inappropriate acts of
17    affection, discipline, and punishment by guardians, foster
18    parents, foster siblings, or any other adult responsible
19    for the youth's welfare. The Department shall review and
20    discuss the document with the child. The Department must
21    document completion of the intake process in the child's
22    records as well as giving a copy of the document to the
23    child.
24        (31) To participate in appropriate intervention and
25    counseling services after removal from the home of origin
26    in order to assess whether the youth is exhibiting signs

 

 

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1    of traumatic stress, special needs, or mental illness.
2        (32) To receive a home visit by an assigned child
3    welfare specialist, per existing Department policies and
4    procedures, on a monthly basis or more frequently as
5    needed. In addition to what existing policies and
6    procedures outline, home visits shall be used to assess
7    the youth's well-being and emotional health following
8    placement, to determine the youth's relationship with the
9    youth's guardian or foster parent or with any other adult
10    responsible for the youth's welfare or living in or
11    frequenting the home environment, and to determine what
12    forms of discipline, if any, the youth's guardian or
13    foster parent or any other person in the home environment
14    uses to correct the youth.
15        (33) To be enrolled in an independent living services
16    program prior to transitioning out of foster care where
17    the youth will receive classes and instruction,
18    appropriate to the youth's age and developmental capacity,
19    on independent living and self-sufficiency in the areas of
20    employment, finances, meals, and housing as well as help
21    in developing life skills and long-term goals.
22        (34) To be assessed by a third-party entity or agency
23    prior to enrollment in any independent living services
24    program in order to determine the youth's readiness for a
25    transition out of foster care based on the youth's
26    individual needs, emotional development, and ability,

 

 

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1    regardless of age, to make a successful transition to
2    adulthood.
3        (35) To haircare that preserves the child's desired
4    connection to the child's race, culture, gender, religion,
5    and identity and to have a corresponding haircare plan
6    established in accordance with Section 7.3b of the
7    Children and Family Services Act. The Department must
8    provide, in a timely and consistent manner, training for
9    all caregivers and child welfare personnel on how to meet
10    the haircare needs of children.
11(Source: P.A. 102-810, eff. 1-1-23; 103-22, eff. 8-8-23.)