Illinois General Assembly - Full Text of SB0340
Illinois General Assembly

Previous General Assemblies

Full Text of SB0340  96th General Assembly



SB0340 Enrolled LRB096 06374 JAM 16458 b

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



SB0340 Enrolled - 2 - LRB096 06374 JAM 16458 b

1         disability, social adjustment or any combination
2         thereof, or because of the need to complete an
3         educational or vocational training program.
4         (2) "Homeless youth" means persons found within the
5     State who are under the age of 19, are not in a safe and
6     stable living situation and cannot be reunited with their
7     families.
8         (3) "Child welfare services" means public social
9     services which are directed toward the accomplishment of
10     the following purposes:
11             (A) protecting and promoting the health, safety
12         and welfare of children, including homeless, dependent
13         or neglected children;
14             (B) remedying, or assisting in the solution of
15         problems which may result in, the neglect, abuse,
16         exploitation or delinquency of children;
17             (C) preventing the unnecessary separation of
18         children from their families by identifying family
19         problems, assisting families in resolving their
20         problems, and preventing the breakup of the family
21         where the prevention of child removal is desirable and
22         possible when the child can be cared for at home
23         without endangering the child's health and safety;
24             (D) restoring to their families children who have
25         been removed, by the provision of services to the child
26         and the families when the child can be cared for at



SB0340 Enrolled - 3 - LRB096 06374 JAM 16458 b

1         home without endangering the child's health and
2         safety;
3             (E) placing children in suitable adoptive homes,
4         in cases where restoration to the biological family is
5         not safe, possible or appropriate;
6             (F) assuring safe and adequate care of children
7         away from their homes, in cases where the child cannot
8         be returned home or cannot be placed for adoption. At
9         the time of placement, the Department shall consider
10         concurrent planning, as described in subsection (l-1)
11         of this Section so that permanency may occur at the
12         earliest opportunity. Consideration should be given so
13         that if reunification fails or is delayed, the
14         placement made is the best available placement to
15         provide permanency for the child;
16             (G) (blank);
17             (H) (blank); and
18             (I) placing and maintaining children in facilities
19         that provide separate living quarters for children
20         under the age of 18 and for children 18 years of age
21         and older, unless a child 18 years of age is in the
22         last year of high school education or vocational
23         training, in an approved individual or group treatment
24         program, in a licensed shelter facility, or secure
25         child care facility. The Department is not required to
26         place or maintain children:



SB0340 Enrolled - 4 - LRB096 06374 JAM 16458 b

1                 (i) who are in a foster home, or
2                 (ii) who are persons with a developmental
3             disability, as defined in the Mental Health and
4             Developmental Disabilities Code, or
5                 (iii) who are female children who are
6             pregnant, pregnant and parenting or parenting, or
7                 (iv) who are siblings, in facilities that
8             provide separate living quarters for children 18
9             years of age and older and for children under 18
10             years of age.
11     (b) Nothing in this Section shall be construed to authorize
12 the expenditure of public funds for the purpose of performing
13 abortions.
14     (c) The Department shall establish and maintain
15 tax-supported child welfare services and extend and seek to
16 improve voluntary services throughout the State, to the end
17 that services and care shall be available on an equal basis
18 throughout the State to children requiring such services.
19     (d) The Director may authorize advance disbursements for
20 any new program initiative to any agency contracting with the
21 Department. As a prerequisite for an advance disbursement, the
22 contractor must post a surety bond in the amount of the advance
23 disbursement and have a purchase of service contract approved
24 by the Department. The Department may pay up to 2 months
25 operational expenses in advance. The amount of the advance
26 disbursement shall be prorated over the life of the contract or



SB0340 Enrolled - 5 - LRB096 06374 JAM 16458 b

1 the remaining months of the fiscal year, whichever is less, and
2 the installment amount shall then be deducted from future
3 bills. Advance disbursement authorizations for new initiatives
4 shall not be made to any agency after that agency has operated
5 during 2 consecutive fiscal years. The requirements of this
6 Section concerning advance disbursements shall not apply with
7 respect to the following: payments to local public agencies for
8 child day care services as authorized by Section 5a of this
9 Act; and youth service programs receiving grant funds under
10 Section 17a-4.
11     (e) (Blank).
12     (f) (Blank).
13     (g) The Department shall establish rules and regulations
14 concerning its operation of programs designed to meet the goals
15 of child safety and protection, family preservation, family
16 reunification, and adoption, including but not limited to:
17         (1) adoption;
18         (2) foster care;
19         (3) family counseling;
20         (4) protective services;
21         (5) (blank);
22         (6) homemaker service;
23         (7) return of runaway children;
24         (8) (blank);
25         (9) placement under Section 5-7 of the Juvenile Court
26     Act or Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile



SB0340 Enrolled - 6 - LRB096 06374 JAM 16458 b

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



SB0340 Enrolled - 7 - LRB096 06374 JAM 16458 b

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



SB0340 Enrolled - 8 - LRB096 06374 JAM 16458 b

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



SB0340 Enrolled - 9 - LRB096 06374 JAM 16458 b

1 outside of the State of Illinois.
2     (k) The Department shall accept for care and training any
3 child who has been adjudicated neglected or abused, or
4 dependent committed to it pursuant to the Juvenile Court Act or
5 the Juvenile Court Act of 1987.
6     (l) Before July 1, 2000, the Department may provide, and
7 beginning July 1, 2000, the Department shall offer family
8 preservation services, as defined in Section 8.2 of the Abused
9 and Neglected Child Reporting Act, to help families, including
10 adoptive and extended families. Family preservation services
11 shall be offered (i) to prevent the placement of children in
12 substitute care when the children can be cared for at home or
13 in the custody of the person responsible for the children's
14 welfare, (ii) to reunite children with their families, or (iii)
15 to maintain an adoptive placement. Family preservation
16 services shall only be offered when doing so will not endanger
17 the children's health or safety. With respect to children who
18 are in substitute care pursuant to the Juvenile Court Act of
19 1987, family preservation services shall not be offered if a
20 goal other than those of subdivisions (A), (B), or (B-1) of
21 subsection (2) of Section 2-28 of that Act has been set.
22 Nothing in this paragraph shall be construed to create a
23 private right of action or claim on the part of any individual
24 or child welfare agency.
25     The Department shall notify the child and his family of the
26 Department's responsibility to offer and provide family



SB0340 Enrolled - 10 - LRB096 06374 JAM 16458 b

1 preservation services as identified in the service plan. The
2 child and his family shall be eligible for services as soon as
3 the report is determined to be "indicated". The Department may
4 offer services to any child or family with respect to whom a
5 report of suspected child abuse or neglect has been filed,
6 prior to concluding its investigation under Section 7.12 of the
7 Abused and Neglected Child Reporting Act. However, the child's
8 or family's willingness to accept services shall not be
9 considered in the investigation. The Department may also
10 provide services to any child or family who is the subject of
11 any report of suspected child abuse or neglect or may refer
12 such child or family to services available from other agencies
13 in the community, even if the report is determined to be
14 unfounded, if the conditions in the child's or family's home
15 are reasonably likely to subject the child or family to future
16 reports of suspected child abuse or neglect. Acceptance of such
17 services shall be voluntary.
18     The Department may, at its discretion except for those
19 children also adjudicated neglected or dependent, accept for
20 care and training any child who has been adjudicated addicted,
21 as a truant minor in need of supervision or as a minor
22 requiring authoritative intervention, under the Juvenile Court
23 Act or the Juvenile Court Act of 1987, but no such child shall
24 be committed to the Department by any court without the
25 approval of the Department. A minor charged with a criminal
26 offense under the Criminal Code of 1961 or adjudicated



SB0340 Enrolled - 11 - LRB096 06374 JAM 16458 b

1 delinquent shall not be placed in the custody of or committed
2 to the Department by any court, except a minor less than 15
3 years of age committed to the Department under Section 5-710 of
4 the Juvenile Court Act of 1987 or a minor for whom an
5 independent basis of abuse, neglect, or dependency exists,
6 which must be defined by departmental rule. An independent
7 basis exists when the allegations or adjudication of abuse,
8 neglect, or dependency do not arise from the same facts,
9 incident, or circumstances which give rise to a charge or
10 adjudication of delinquency.
11     (l-1) The legislature recognizes that the best interests of
12 the child require that the child be placed in the most
13 permanent living arrangement as soon as is practically
14 possible. To achieve this goal, the legislature directs the
15 Department of Children and Family Services to conduct
16 concurrent planning so that permanency may occur at the
17 earliest opportunity. Permanent living arrangements may
18 include prevention of placement of a child outside the home of
19 the family when the child can be cared for at home without
20 endangering the child's health or safety; reunification with
21 the family, when safe and appropriate, if temporary placement
22 is necessary; or movement of the child toward the most
23 permanent living arrangement and permanent legal status.
24     When determining reasonable efforts to be made with respect
25 to a child, as described in this subsection, and in making such
26 reasonable efforts, the child's health and safety shall be the



SB0340 Enrolled - 12 - LRB096 06374 JAM 16458 b

1 paramount concern.
2     When a child is placed in foster care, the Department shall
3 ensure and document that reasonable efforts were made to
4 prevent or eliminate the need to remove the child from the
5 child's home. The Department must make reasonable efforts to
6 reunify the family when temporary placement of the child occurs
7 unless otherwise required, pursuant to the Juvenile Court Act
8 of 1987. At any time after the dispositional hearing where the
9 Department believes that further reunification services would
10 be ineffective, it may request a finding from the court that
11 reasonable efforts are no longer appropriate. The Department is
12 not required to provide further reunification services after
13 such a finding.
14     A decision to place a child in substitute care shall be
15 made with considerations of the child's health, safety, and
16 best interests. At the time of placement, consideration should
17 also be given so that if reunification fails or is delayed, the
18 placement made is the best available placement to provide
19 permanency for the child.
20     The Department shall adopt rules addressing concurrent
21 planning for reunification and permanency. The Department
22 shall consider the following factors when determining
23 appropriateness of concurrent planning:
24         (1) the likelihood of prompt reunification;
25         (2) the past history of the family;
26         (3) the barriers to reunification being addressed by



SB0340 Enrolled - 13 - LRB096 06374 JAM 16458 b

1     the family;
2         (4) the level of cooperation of the family;
3         (5) the foster parents' willingness to work with the
4     family to reunite;
5         (6) the willingness and ability of the foster family to
6     provide an adoptive home or long-term placement;
7         (7) the age of the child;
8         (8) placement of siblings.
9     (m) The Department may assume temporary custody of any
10 child if:
11         (1) it has received a written consent to such temporary
12     custody signed by the parents of the child or by the parent
13     having custody of the child if the parents are not living
14     together or by the guardian or custodian of the child if
15     the child is not in the custody of either parent, or
16         (2) the child is found in the State and neither a
17     parent, guardian nor custodian of the child can be located.
18 If the child is found in his or her residence without a parent,
19 guardian, custodian or responsible caretaker, the Department
20 may, instead of removing the child and assuming temporary
21 custody, place an authorized representative of the Department
22 in that residence until such time as a parent, guardian or
23 custodian enters the home and expresses a willingness and
24 apparent ability to ensure the child's health and safety and
25 resume permanent charge of the child, or until a relative
26 enters the home and is willing and able to ensure the child's



SB0340 Enrolled - 14 - LRB096 06374 JAM 16458 b

1 health and safety and assume charge of the child until a
2 parent, guardian or custodian enters the home and expresses
3 such willingness and ability to ensure the child's safety and
4 resume permanent charge. After a caretaker has remained in the
5 home for a period not to exceed 12 hours, the Department must
6 follow those procedures outlined in Section 2-9, 3-11, 4-8, or
7 5-415 of the Juvenile Court Act of 1987.
8     The Department shall have the authority, responsibilities
9 and duties that a legal custodian of the child would have
10 pursuant to subsection (9) of Section 1-3 of the Juvenile Court
11 Act of 1987. Whenever a child is taken into temporary custody
12 pursuant to an investigation under the Abused and Neglected
13 Child Reporting Act, or pursuant to a referral and acceptance
14 under the Juvenile Court Act of 1987 of a minor in limited
15 custody, the Department, during the period of temporary custody
16 and before the child is brought before a judicial officer as
17 required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile
18 Court Act of 1987, shall have the authority, responsibilities
19 and duties that a legal custodian of the child would have under
20 subsection (9) of Section 1-3 of the Juvenile Court Act of
21 1987.
22     The Department shall ensure that any child taken into
23 custody is scheduled for an appointment for a medical
24 examination.
25     A parent, guardian or custodian of a child in the temporary
26 custody of the Department who would have custody of the child



SB0340 Enrolled - 15 - LRB096 06374 JAM 16458 b

1 if he were not in the temporary custody of the Department may
2 deliver to the Department a signed request that the Department
3 surrender the temporary custody of the child. The Department
4 may retain temporary custody of the child for 10 days after the
5 receipt of the request, during which period the Department may
6 cause to be filed a petition pursuant to the Juvenile Court Act
7 of 1987. If a petition is so filed, the Department shall retain
8 temporary custody of the child until the court orders
9 otherwise. If a petition is not filed within the 10 day period,
10 the child shall be surrendered to the custody of the requesting
11 parent, guardian or custodian not later than the expiration of
12 the 10 day period, at which time the authority and duties of
13 the Department with respect to the temporary custody of the
14 child shall terminate.
15     (m-1) The Department may place children under 18 years of
16 age in a secure child care facility licensed by the Department
17 that cares for children who are in need of secure living
18 arrangements for their health, safety, and well-being after a
19 determination is made by the facility director and the Director
20 or the Director's designate prior to admission to the facility
21 subject to Section 2-27.1 of the Juvenile Court Act of 1987.
22 This subsection (m-1) does not apply to a child who is subject
23 to placement in a correctional facility operated pursuant to
24 Section 3-15-2 of the Unified Code of Corrections, unless the
25 child is a ward who was placed under the care of the Department
26 before being subject to placement in a correctional facility



SB0340 Enrolled - 16 - LRB096 06374 JAM 16458 b

1 and a court of competent jurisdiction has ordered placement of
2 the child in a secure care facility.
3     (n) The Department may place children under 18 years of age
4 in licensed child care facilities when in the opinion of the
5 Department, appropriate services aimed at family preservation
6 have been unsuccessful and cannot ensure the child's health and
7 safety or are unavailable and such placement would be for their
8 best interest. Payment for board, clothing, care, training and
9 supervision of any child placed in a licensed child care
10 facility may be made by the Department, by the parents or
11 guardians of the estates of those children, or by both the
12 Department and the parents or guardians, except that no
13 payments shall be made by the Department for any child placed
14 in a licensed child care facility for board, clothing, care,
15 training and supervision of such a child that exceed the
16 average per capita cost of maintaining and of caring for a
17 child in institutions for dependent or neglected children
18 operated by the Department. However, such restriction on
19 payments does not apply in cases where children require
20 specialized care and treatment for problems of severe emotional
21 disturbance, physical disability, social adjustment, or any
22 combination thereof and suitable facilities for the placement
23 of such children are not available at payment rates within the
24 limitations set forth in this Section. All reimbursements for
25 services delivered shall be absolutely inalienable by
26 assignment, sale, attachment, garnishment or otherwise.



SB0340 Enrolled - 17 - LRB096 06374 JAM 16458 b

1     (o) The Department shall establish an administrative
2 review and appeal process for children and families who request
3 or receive child welfare services from the Department. Children
4 who are wards of the Department and are placed by private child
5 welfare agencies, and foster families with whom those children
6 are placed, shall be afforded the same procedural and appeal
7 rights as children and families in the case of placement by the
8 Department, including the right to an initial review of a
9 private agency decision by that agency. The Department shall
10 insure that any private child welfare agency, which accepts
11 wards of the Department for placement, affords those rights to
12 children and foster families. The Department shall accept for
13 administrative review and an appeal hearing a complaint made by
14 (i) a child or foster family concerning a decision following an
15 initial review by a private child welfare agency or (ii) a
16 prospective adoptive parent who alleges a violation of
17 subsection (j-5) of this Section. An appeal of a decision
18 concerning a change in the placement of a child shall be
19 conducted in an expedited manner.
20     (p) There is hereby created the Department of Children and
21 Family Services Emergency Assistance Fund from which the
22 Department may provide special financial assistance to
23 families which are in economic crisis when such assistance is
24 not available through other public or private sources and the
25 assistance is deemed necessary to prevent dissolution of the
26 family unit or to reunite families which have been separated



SB0340 Enrolled - 18 - LRB096 06374 JAM 16458 b

1 due to child abuse and neglect. The Department shall establish
2 administrative rules specifying the criteria for determining
3 eligibility for and the amount and nature of assistance to be
4 provided. The Department may also enter into written agreements
5 with private and public social service agencies to provide
6 emergency financial services to families referred by the
7 Department. Special financial assistance payments shall be
8 available to a family no more than once during each fiscal year
9 and the total payments to a family may not exceed $500 during a
10 fiscal year.
11     (q) The Department may receive and use, in their entirety,
12 for the benefit of children any gift, donation or bequest of
13 money or other property which is received on behalf of such
14 children, or any financial benefits to which such children are
15 or may become entitled while under the jurisdiction or care of
16 the Department.
17     The Department shall set up and administer no-cost,
18 interest-bearing accounts in appropriate financial
19 institutions for children for whom the Department is legally
20 responsible and who have been determined eligible for Veterans'
21 Benefits, Social Security benefits, assistance allotments from
22 the armed forces, court ordered payments, parental voluntary
23 payments, Supplemental Security Income, Railroad Retirement
24 payments, Black Lung benefits, or other miscellaneous
25 payments. Interest earned by each account shall be credited to
26 the account, unless disbursed in accordance with this



SB0340 Enrolled - 19 - LRB096 06374 JAM 16458 b

1 subsection.
2     In disbursing funds from children's accounts, the
3 Department shall:
4         (1) Establish standards in accordance with State and
5     federal laws for disbursing money from children's
6     accounts. In all circumstances, the Department's
7     "Guardianship Administrator" or his or her designee must
8     approve disbursements from children's accounts. The
9     Department shall be responsible for keeping complete
10     records of all disbursements for each account for any
11     purpose.
12         (2) Calculate on a monthly basis the amounts paid from
13     State funds for the child's board and care, medical care
14     not covered under Medicaid, and social services; and
15     utilize funds from the child's account, as covered by
16     regulation, to reimburse those costs. Monthly,
17     disbursements from all children's accounts, up to 1/12 of
18     $13,000,000, shall be deposited by the Department into the
19     General Revenue Fund and the balance over 1/12 of
20     $13,000,000 into the DCFS Children's Services Fund.
21         (3) Maintain any balance remaining after reimbursing
22     for the child's costs of care, as specified in item (2).
23     The balance shall accumulate in accordance with relevant
24     State and federal laws and shall be disbursed to the child
25     or his or her guardian, or to the issuing agency.
26     (r) The Department shall promulgate regulations



SB0340 Enrolled - 20 - LRB096 06374 JAM 16458 b

1 encouraging all adoption agencies to voluntarily forward to the
2 Department or its agent names and addresses of all persons who
3 have applied for and have been approved for adoption of a
4 hard-to-place or handicapped child and the names of such
5 children who have not been placed for adoption. A list of such
6 names and addresses shall be maintained by the Department or
7 its agent, and coded lists which maintain the confidentiality
8 of the person seeking to adopt the child and of the child shall
9 be made available, without charge, to every adoption agency in
10 the State to assist the agencies in placing such children for
11 adoption. The Department may delegate to an agent its duty to
12 maintain and make available such lists. The Department shall
13 ensure that such agent maintains the confidentiality of the
14 person seeking to adopt the child and of the child.
15     (s) The Department of Children and Family Services may
16 establish and implement a program to reimburse Department and
17 private child welfare agency foster parents licensed by the
18 Department of Children and Family Services for damages
19 sustained by the foster parents as a result of the malicious or
20 negligent acts of foster children, as well as providing third
21 party coverage for such foster parents with regard to actions
22 of foster children to other individuals. Such coverage will be
23 secondary to the foster parent liability insurance policy, if
24 applicable. The program shall be funded through appropriations
25 from the General Revenue Fund, specifically designated for such
26 purposes.



SB0340 Enrolled - 21 - LRB096 06374 JAM 16458 b

1     (t) The Department shall perform home studies and
2 investigations and shall exercise supervision over visitation
3 as ordered by a court pursuant to the Illinois Marriage and
4 Dissolution of Marriage Act or the Adoption Act only if:
5         (1) an order entered by an Illinois court specifically
6     directs the Department to perform such services; and
7         (2) the court has ordered one or both of the parties to
8     the proceeding to reimburse the Department for its
9     reasonable costs for providing such services in accordance
10     with Department rules, or has determined that neither party
11     is financially able to pay.
12     The Department shall provide written notification to the
13 court of the specific arrangements for supervised visitation
14 and projected monthly costs within 60 days of the court order.
15 The Department shall send to the court information related to
16 the costs incurred except in cases where the court has
17 determined the parties are financially unable to pay. The court
18 may order additional periodic reports as appropriate.
19     (u) In addition to other information that must be provided,
20 whenever the Department places a child with a prospective
21 adoptive parent or parents or in a licensed foster home, group
22 home, child care institution, or in a relative home, the
23 Department shall provide to the prospective adoptive parent or
24 parents or other caretaker:
25         (1) available detailed information concerning the
26     child's educational and health history, copies of



SB0340 Enrolled - 22 - LRB096 06374 JAM 16458 b

1     immunization records (including insurance and medical card
2     information), a history of the child's previous
3     placements, if any, and reasons for placement changes
4     excluding any information that identifies or reveals the
5     location of any previous caretaker;
6         (2) a copy of the child's portion of the client service
7     plan, including any visitation arrangement, and all
8     amendments or revisions to it as related to the child; and
9         (3) information containing details of the child's
10     individualized educational plan when the child is
11     receiving special education services.
12     The caretaker shall be informed of any known social or
13 behavioral information (including, but not limited to,
14 criminal background, fire setting, perpetuation of sexual
15 abuse, destructive behavior, and substance abuse) necessary to
16 care for and safeguard the children to be placed or currently
17 in the home. The Department may prepare a written summary of
18 the information required by this paragraph, which may be
19 provided to the foster or prospective adoptive parent in
20 advance of a placement. The foster or prospective adoptive
21 parent may review the supporting documents in the child's file
22 in the presence of casework staff. In the case of an emergency
23 placement, casework staff shall at least provide known
24 information verbally, if necessary, and must subsequently
25 provide the information in writing as required by this
26 subsection.



SB0340 Enrolled - 23 - LRB096 06374 JAM 16458 b

1     The information described in this subsection shall be
2 provided in writing. In the case of emergency placements when
3 time does not allow prior review, preparation, and collection
4 of written information, the Department shall provide such
5 information as it becomes available. Within 10 business days
6 after placement, the Department shall obtain from the
7 prospective adoptive parent or parents or other caretaker a
8 signed verification of receipt of the information provided.
9 Within 10 business days after placement, the Department shall
10 provide to the child's guardian ad litem a copy of the
11 information provided to the prospective adoptive parent or
12 parents or other caretaker. The information provided to the
13 prospective adoptive parent or parents or other caretaker shall
14 be reviewed and approved regarding accuracy at the supervisory
15 level.
16     (u-5) Effective July 1, 1995, only foster care placements
17 licensed as foster family homes pursuant to the Child Care Act
18 of 1969 shall be eligible to receive foster care payments from
19 the Department. Relative caregivers who, as of July 1, 1995,
20 were approved pursuant to approved relative placement rules
21 previously promulgated by the Department at 89 Ill. Adm. Code
22 335 and had submitted an application for licensure as a foster
23 family home may continue to receive foster care payments only
24 until the Department determines that they may be licensed as a
25 foster family home or that their application for licensure is
26 denied or until September 30, 1995, whichever occurs first.



SB0340 Enrolled - 24 - LRB096 06374 JAM 16458 b

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



SB0340 Enrolled - 25 - LRB096 06374 JAM 16458 b

1 databases. Final approval for placement shall not be granted if
2 the record check reveals a felony conviction for child abuse or
3 neglect, for spousal abuse, for a crime against children, or
4 for a crime involving violence, including rape, sexual assault,
5 or homicide, but not including other physical assault or
6 battery, or if there is a felony conviction for physical
7 assault, battery, or a drug-related offense committed within
8 the past 5 years.
9     (v-2) Prior to final approval for placement of a child, the
10 Department shall check its child abuse and neglect registry for
11 information concerning prospective foster and adoptive
12 parents, and any adult living in the home. If any prospective
13 foster or adoptive parent or other adult living in the home has
14 resided in another state in the preceding 5 years, the
15 Department shall request a check of that other state's child
16 abuse and neglect registry.
17     (w) Within 120 days of August 20, 1995 (the effective date
18 of Public Act 89-392), the Department shall prepare and submit
19 to the Governor and the General Assembly, a written plan for
20 the development of in-state licensed secure child care
21 facilities that care for children who are in need of secure
22 living arrangements for their health, safety, and well-being.
23 For purposes of this subsection, secure care facility shall
24 mean a facility that is designed and operated to ensure that
25 all entrances and exits from the facility, a building or a
26 distinct part of the building, are under the exclusive control



SB0340 Enrolled - 26 - LRB096 06374 JAM 16458 b

1 of the staff of the facility, whether or not the child has the
2 freedom of movement within the perimeter of the facility,
3 building, or distinct part of the building. The plan shall
4 include descriptions of the types of facilities that are needed
5 in Illinois; the cost of developing these secure care
6 facilities; the estimated number of placements; the potential
7 cost savings resulting from the movement of children currently
8 out-of-state who are projected to be returned to Illinois; the
9 necessary geographic distribution of these facilities in
10 Illinois; and a proposed timetable for development of such
11 facilities.
12     (x) The Department shall conduct annual credit history
13 checks to determine the financial history of children placed
14 under its guardianship pursuant to the Juvenile Court Act of
15 1987. The Department shall conduct such credit checks starting
16 when a ward turns 12 years old and each year thereafter for the
17 duration of the guardianship as terminated pursuant to the
18 Juvenile Court Act of 1987. The Department shall determine if
19 financial exploitation of the child's personal information has
20 occurred. If financial exploitation appears to have taken place
21 or is presently ongoing, the Department shall notify the proper
22 law enforcement agency, the proper State's Attorney, or the
23 Attorney General.
24 (Source: P.A. 94-215, eff. 1-1-06; 94-1010, eff. 10-1-06;
25 95-10, eff. 6-30-07; 95-601, eff. 9-11-07; 95-642, eff. 6-1-08;
26 95-876, eff. 8-21-08.)