Illinois General Assembly - Full Text of HB2543
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Full Text of HB2543  99th 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 Children and Family Services Act is amended
5by changing Section 7 as follows:
6    (20 ILCS 505/7)  (from Ch. 23, par. 5007)
7    Sec. 7. Placement of children; considerations.
8    (a) In placing any child under this Act, the Department
9shall place the child, as far as possible, in the care and
10custody of some individual holding the same religious belief as
11the parents of the child, or with some child care facility
12which is operated by persons of like religious faith as the
13parents of such child.
14    (a-5) In placing a child under this Act, the Department
15shall place the child with the child's sibling or siblings
16under Section 7.4 of this Act unless the placement is not in
17each child's best interest, or is otherwise not possible under
18the Department's rules. If the child is not placed with a
19sibling under the Department's rules, the Department shall
20consider placements that are likely to develop, preserve,
21nurture, and support sibling relationships, where doing so is
22in each child's best interest.
23    (b) In placing a child under this Act, the Department may



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1place a child with a relative if the Department determines that
2the relative will be able to adequately provide for the child's
3safety and welfare based on the factors set forth in the
4Department's rules governing relative placements, and that the
5placement is consistent with the child's best interests, taking
6into consideration the factors set out in subsection (4.05) of
7Section 1-3 of the Juvenile Court Act of 1987.
8    When the Department first assumes custody of a child, in
9placing that child under this Act, the Department shall make
10reasonable efforts to identify, locate, and provide notice to
11all adult grandparents and other adult relatives of the child
12who are and locate a relative who is ready, willing, and able
13to care for the child. At a minimum, these efforts shall be
14renewed each time the child requires a placement change and it
15is appropriate for the child to be cared for in a home
16environment. The Department must document its efforts to
17identify, and locate, and provide notice to such potential
18relative placements such a relative placement and maintain the
19documentation in the child's case file.
20    If the Department determines that a placement with any
21identified relative is not in the child's best interests or
22that the relative does not meet the requirements to be a
23relative caregiver, as set forth in Department rules or by
24statute, the Department must document the basis for that
25decision and maintain the documentation in the child's case



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1    If, pursuant to the Department's rules, any person files an
2administrative appeal of the Department's decision not to place
3a child with a relative, it is the Department's burden to prove
4that the decision is consistent with the child's best
6    When the Department determines that the child requires
7placement in an environment, other than a home environment, the
8Department shall continue to make reasonable efforts to
9identify and locate relatives to serve as visitation resources
10for the child and potential future placement resources, except
11when the Department determines that those efforts would be
12futile or inconsistent with the child's best interests.
13    If the Department determines that efforts to identify and
14locate relatives would be futile or inconsistent with the
15child's best interests, the Department shall document the basis
16of its determination and maintain the documentation in the
17child's case file.
18    If the Department determines that an individual or a group
19of relatives are inappropriate to serve as visitation resources
20or possible placement resources, the Department shall document
21the basis of its determination and maintain the documentation
22in the child's case file.
23    When the Department determines that an individual or a
24group of relatives are appropriate to serve as visitation
25resources or possible future placement resources, the
26Department shall document the basis of its determination,



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1maintain the documentation in the child's case file, create a
2visitation or transition plan, or both, and incorporate the
3visitation or transition plan, or both, into the child's case
4plan. For the purpose of this subsection, any determination as
5to the child's best interests shall include consideration of
6the factors set out in subsection (4.05) of Section 1-3 of the
7Juvenile Court Act of 1987.
8    The Department may not place a child with a relative, with
9the exception of certain circumstances which may be waived as
10defined by the Department in rules, if the results of a check
11of the Law Enforcement Agencies Data System (LEADS) identifies
12a prior criminal conviction of the relative or any adult member
13of the relative's household for any of the following offenses
14under the Criminal Code of 1961 or the Criminal Code of 2012:
15        (1) murder;
16        (1.1) solicitation of murder;
17        (1.2) solicitation of murder for hire;
18        (1.3) intentional homicide of an unborn child;
19        (1.4) voluntary manslaughter of an unborn child;
20        (1.5) involuntary manslaughter;
21        (1.6) reckless homicide;
22        (1.7) concealment of a homicidal death;
23        (1.8) involuntary manslaughter of an unborn child;
24        (1.9) reckless homicide of an unborn child;
25        (1.10) drug-induced homicide;
26        (2) a sex offense under Article 11, except offenses



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1    described in Sections 11-7, 11-8, 11-12, 11-13, 11-35,
2    11-40, and 11-45;
3        (3) kidnapping;
4        (3.1) aggravated unlawful restraint;
5        (3.2) forcible detention;
6        (3.3) aiding and abetting child abduction;
7        (4) aggravated kidnapping;
8        (5) child abduction;
9        (6) aggravated battery of a child as described in
10    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
11        (7) criminal sexual assault;
12        (8) aggravated criminal sexual assault;
13        (8.1) predatory criminal sexual assault of a child;
14        (9) criminal sexual abuse;
15        (10) aggravated sexual abuse;
16        (11) heinous battery as described in Section 12-4.1 or
17    subdivision (a)(2) of Section 12-3.05;
18        (12) aggravated battery with a firearm as described in
19    Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
20    (e)(4) of Section 12-3.05;
21        (13) tampering with food, drugs, or cosmetics;
22        (14) drug-induced infliction of great bodily harm as
23    described in Section 12-4.7 or subdivision (g)(1) of
24    Section 12-3.05;
25        (15) aggravated stalking;
26        (16) home invasion;



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1        (17) vehicular invasion;
2        (18) criminal transmission of HIV;
3        (19) criminal abuse or neglect of an elderly or
4    disabled person as described in Section 12-21 or subsection
5    (b) of Section 12-4.4a;
6        (20) child abandonment;
7        (21) endangering the life or health of a child;
8        (22) ritual mutilation;
9        (23) ritualized abuse of a child;
10        (24) an offense in any other state the elements of
11    which are similar and bear a substantial relationship to
12    any of the foregoing offenses.
13    For the purpose of this subsection, "relative" shall
14include any person, 21 years of age or over, other than the
15parent, who (i) is currently related to the child in any of the
16following ways by blood or adoption: grandparent, sibling,
17great-grandparent, uncle, aunt, nephew, niece, first cousin,
18second cousin, godparent, great-uncle, or great-aunt; or (ii)
19is the spouse of such a relative; or (iii) is the child's
20step-father, step-mother, or adult step-brother or
21step-sister; or (iv) is a fictive kin; "relative" also includes
22a person related in any of the foregoing ways to a sibling of a
23child, even though the person is not related to the child, when
24the child and its sibling are placed together with that person.
25For children who have been in the guardianship of the
26Department, have been adopted, and are subsequently returned to



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1the temporary custody or guardianship of the Department, a
2"relative" may also include any person who would have qualified
3as a relative under this paragraph prior to the adoption, but
4only if the Department determines, and documents, that it would
5be in the child's best interests to consider this person a
6relative, based upon the factors for determining best interests
7set forth in subsection (4.05) of Section 1-3 of the Juvenile
8Court Act of 1987. A relative with whom a child is placed
9pursuant to this subsection may, but is not required to, apply
10for licensure as a foster family home pursuant to the Child
11Care Act of 1969; provided, however, that as of July 1, 1995,
12foster care payments shall be made only to licensed foster
13family homes pursuant to the terms of Section 5 of this Act.
14    Notwithstanding any other provision under this subsection
15to the contrary, a fictive kin with whom a child is placed
16pursuant to this subsection shall apply for licensure as a
17foster family home pursuant to the Child Care Act of 1969
18within 6 months of the child's placement with the fictive kin.
19The Department shall not remove a child from the home of a
20fictive kin on the basis that the fictive kin fails to apply
21for licensure within 6 months of the child's placement with the
22fictive kin, or fails to meet the standard for licensure. All
23other requirements established under the rules and procedures
24of the Department concerning the placement of a child, for whom
25the Department is legally responsible, with a relative shall
26apply. By June 1, 2015, the Department shall promulgate rules



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1establishing criteria and standards for placement,
2identification, and licensure of fictive kin.
3    For purposes of this subsection, "fictive kin" means any
4individual, unrelated by birth or marriage, who is shown to
5have close personal or emotional ties with the child or the
6child's family prior to the child's placement with the
8    The provisions added to this subsection (b) by this
9amendatory Act of the 98th General Assembly shall become
10operative on and after June 1, 2015.
11    (c) In placing a child under this Act, the Department shall
12ensure that the child's health, safety, and best interests are
13met. In rejecting placement of a child with an identified
14relative, the Department shall ensure that the child's health,
15safety, and best interests are met. In evaluating the best
16interests of the child, the Department shall take into
17consideration the factors set forth in subsection (4.05) of
18Section 1-3 of the Juvenile Court Act of 1987.
19    The Department shall consider the individual needs of the
20child and the capacity of the prospective foster or adoptive
21parents to meet the needs of the child. When a child must be
22placed outside his or her home and cannot be immediately
23returned to his or her parents or guardian, a comprehensive,
24individualized assessment shall be performed of that child at
25which time the needs of the child shall be determined. Only if
26race, color, or national origin is identified as a legitimate



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1factor in advancing the child's best interests shall it be
2considered. Race, color, or national origin shall not be
3routinely considered in making a placement decision. The
4Department shall make special efforts for the diligent
5recruitment of potential foster and adoptive families that
6reflect the ethnic and racial diversity of the children for
7whom foster and adoptive homes are needed. "Special efforts"
8shall include contacting and working with community
9organizations and religious organizations and may include
10contracting with those organizations, utilizing local media
11and other local resources, and conducting outreach activities.
12    (c-1) At the time of placement, the Department shall
13consider concurrent planning, as described in subsection (l-1)
14of Section 5, so that permanency may occur at the earliest
15opportunity. Consideration should be given so that if
16reunification fails or is delayed, the placement made is the
17best available placement to provide permanency for the child.
18    (d) The Department may accept gifts, grants, offers of
19services, and other contributions to use in making special
20recruitment efforts.
21    (e) The Department in placing children in adoptive or
22foster care homes may not, in any policy or practice relating
23to the placement of children for adoption or foster care,
24discriminate against any child or prospective adoptive or
25foster parent on the basis of race.
26(Source: P.A. 97-1076, eff. 8-24-12; 97-1109, eff. 1-1-13;



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197-1150, eff. 1-25-13; 98-846, eff. 1-1-15.)