HB3512 103RD GENERAL ASSEMBLY

LRB103 30191 KTG 56619 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3512

Introduced 2/17/2023, by Rep. Adam M. Niemerg

SYNOPSIS AS INTRODUCED:

20 ILCS 505/5e
20 ILCS 520/1-30

Amends the Children and Family Services Act. In provisions concerning the Advocacy Office for Children and Families, requires the Advocacy Office to designate for each foster child an employee with legal knowledge of the foster process to guide foster parents throughout the foster process and keep them informed of their rights and responsibilities. Amends the Foster Parent Law. Creates a private right of action under specified provisions of the Act concerning foster parent rights.

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Children and Family Services Act is amended by changing Section 5e as follows:

(20 ILCS 505/5e)

Sec. 5e. Advocacy Office for Children and Families.

(a) The Department of Children and Family Services shall establish and maintain an Advocacy Office for Children and Families that shall, in addition to other duties assigned by the Director, receive and respond to complaints that may be filed by children, parents, caretakers, and relatives of children receiving child welfare services from the Department of Children and Family Services or its agents. The Department shall promulgate policies and procedures for filing, processing, investigating, and resolving the complaints. The Department shall make a final report to the complainant of its findings. If a final report is not completed, the Department shall report on its disposition every 30 days.

(b) If a youth in care, current foster parent or caregiver, or caseworker requests the information, the Advocacy Office shall make available the name, electronic mail address, and telephone number for each youth's court-appointed guardian ad litem and, if applicable, the guardian ad litem's supervisor.

(c) The Advocacy Office shall include a statewide toll-free telephone number and an electronic mail address that may be used to file complaints, to obtain information about the delivery of child welfare services by the Department or its agents, and to obtain the contact information for the guardian ad litem. This telephone number and electronic mail address shall be included in all appropriate notices and handbooks regarding services available through the Department.

(d) The Department shall provide a flyer to all youth entering care describing the responsibilities of the Advocacy Office listed in this Section, the toll-free telephone number and electronic mailing address for the Advocacy Office, and a description of the role of a guardian ad litem. The Department shall also provide this flyer to youth at every administrative case review.

(e) The Advocacy Office shall designate for each foster child an employee with legal knowledge of the foster process to guide foster parents throughout the foster process and keep them informed of their rights and responsibilities.

(Source: P.A. 102-208, eff. 7-30-21.)

Section 10. The Foster Parent Law is amended by changing Section 1-30 as follows:

(20 ILCS 520/1-30)

Sec. 1-30. No private right of action or claim. Nothing in this Law shall be construed to create a private right of action or claim on the part of any individual or child welfare agency, except for paragraphs (6), (7.5), (10), and (11) of Section 1-15 of this Act.

(Source: P.A. 89-19, eff. 6-3-95.)