Illinois General Assembly - Full Text of HB5418
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Full Text of HB5418  102nd General Assembly




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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 Foster Children's Bill of Rights Act is
5amended by changing Section 5 as follows:
6    (20 ILCS 521/5)
7    Sec. 5. Foster Children's Bill of Rights. It is the policy
8of this State that every child and adult in the care of the
9Department of Children and Family Services who is placed in
10foster care shall have the following rights:
11        (1) To live in a safe, healthy, and comfortable home
12    where he or she is treated with respect.
13        (2) To be free from physical, sexual, emotional, or
14    other abuse, or corporal punishment.
15        (3) To receive adequate and healthy food, adequate
16    clothing, and, for youth in group homes, residential
17    treatment facilities, and foster homes, an allowance.
18        (4) To receive medical, dental, vision, and mental
19    health services.
20        (5) To be free of the administration of medication or
21    chemical substances, unless authorized by a physician.
22        (6) To contact family members, unless prohibited by
23    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 brothers and sisters, unless
4    prohibited 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    his or her 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 he or she meets age requirements, to attend
11    services and programs operated by the Department of
12    Children and Family Services or any other appropriate
13    State agency that aim to help current and former foster
14    youth achieve self-sufficiency prior to and after leaving
15    foster care.
16        (17) To attend court hearings and speak to the judge.
17        (18) To have storage space for private use.
18        (19) To be involved in the development of his or her
19    own case plan and plan for permanent placement.
20        (20) To review his or her own case plan and plan for
21    permanent placement, if he or she is 12 years of age or
22    older and in a permanent placement, and to receive
23    information about his or her out-of-home placement and
24    case plan, including being told of changes to the case
25    plan.
26        (21) To be free from unreasonable searches of personal



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



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



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



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1    transition out of foster care based on the youth's
2    individual needs, emotional development, and ability,
3    regardless of age, to make a successful transition to
4    adulthood.
5(Source: P.A. 99-344, eff. 1-1-16; 100-189, eff. 1-1-18.)