99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1775

 

Introduced 2/20/2015, by Sen. Bill Cunningham

 

SYNOPSIS AS INTRODUCED:
 
New Act
325 ILCS 40/3.6 new

    Creates the Safeguard Our Children Act. Provides that any child or person in the care of the Department of Children and Family Services who is placed in a residential facility under contract with the Department shall be reported as missing to the local law enforcement agency within whose jurisdiction the facility is located, if: (1) there is no contact between an employee of the facility and the child or person within a period of 12 hours; and (2) the child or person is absent from the facility without prior approval. Requires the operator of the residential facility to inform the child's or person's caseworker that the child or person has been reported as missing to the appropriate local law enforcement agency; and to also report the child or person as missing to the National Center for Missing and Exploited Children and to the sheriff of the county in which the facility is located. Requires the operator of the residental facility to record a Plan of Care for any child or person who resides at the facility and who plans to leave the facility temporarily for more than 24 hours. Requires the Plan of Care to contain certain information. Defines terms. Amends the Intergovernmental Missing Child Recovery Act of 1984. Requires the Department of State Police to develop a standard missing persons alert for the LEADS network for use when a child or person in the care and legal custody of the Department of Children and Family Services is reported as missing to a local law enforcement agency. Provides that the standard missing persons alert shall contain certain information.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning children.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Safeguard Our Children Act.
 
6    Section 5. Definitions. In this Act:
7    "Caseworker" means an employee of the Department of
8Children and Family Services who is assigned case management
9duties concerning a child or person under the care and legal
10custody of the Department.
11    "Child or person" means any child or person, regardless of
12age, who is under the care and legal custody of the Department
13of Children and Family Services.
14    "Department" means the Department of Children and Family
15Services.
16    "Plan of Care" means a written or electronic document that
17details the information required under Section 15 of this Act.
 
18    Section 10. Duty to report. Any child or person in the care
19of the Department who is placed in a residential facility under
20contract with the Department pursuant to the Children and
21Family Services Act shall be reported as missing to the local
22law enforcement agency within whose jurisdiction the facility

 

 

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1is located, if:
2        (1) there is no contact between an employee of the
3    residential facility and the child or person within a
4    period of 12 hours; and
5        (2) the child or person is absent from the residential
6    facility without prior approval.
7    The operator of the residential facility shall inform the
8child's or person's caseworker that the child or person has
9been reported as missing to the appropriate local law
10enforcement agency. The operator of the residential facility
11shall also report the child or person as missing to the
12National Center for Missing and Exploited Children and to the
13sheriff of the county in which the residential facility is
14located.
 
15    Section 15. Plan of Care. The operator of a residential
16facility under contract with the Department shall record a Plan
17of Care for any child or person who resides at the facility and
18who plans to leave the facility temporarily for more than 24
19hours. A child's or person's Plan of Care must contain the
20following information:
21        (1) The location of the place that the child or person
22    intends to visit after leaving the residential facility.
23        (2) The contact information of the individual the child
24    or person intends to stay with after leaving the
25    residential facility.

 

 

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1        (3) The duration of the visit.
2        (4) The expected time or date the child or person
3    intends to return to the residential facility.
 
4    Section 20. The Intergovernmental Missing Child Recovery
5Act of 1984 is amended by adding Section 3.6 as follows:
 
6    (325 ILCS 40/3.6 new)
7    Sec. 3.6. Standard missing persons alert. The Department
8shall develop a standard missing persons alert for the LEADS
9network for use when a child or person in the care and legal
10custody of the Department of Children and Family Services is
11reported as missing to a local law enforcement agency. The
12standard missing persons alert shall contain (i) a notice that
13the missing child or person is to be returned to the custody of
14the Department of Children and Family Services and (ii) a
15listing of the Department of Children and Family Services'
16State-wide, toll-free telephone number established under
17Section 35.6 of the Children and Family Services Act. Upon the
18safe return of the missing child or person to the Department of
19Children and Family Services, an employee of the Department of
20Children and Family Services shall contact the local law
21enforcement agency that entered the standard missing persons
22alert into LEADS and request that the alert be removed from the
23LEADS network.