Illinois General Assembly - Full Text of HB3119
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Full Text of HB3119  99th General Assembly




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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 5. The Children and Family Services Act is amended
5by changing Section 5 as follows:
6    (20 ILCS 505/5)  (from Ch. 23, par. 5005)
7    Sec. 5. Direct child welfare services; Department of
8Children and Family Services. To provide direct child welfare
9services when not available through other public or private
10child 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 21 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



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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



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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:



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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
12the expenditure of public funds for the purpose of performing
14    (c) The Department shall establish and maintain
15tax-supported child welfare services and extend and seek to
16improve voluntary services throughout the State, to the end
17that services and care shall be available on an equal basis
18throughout the State to children requiring such services.
19    (d) The Director may authorize advance disbursements for
20any new program initiative to any agency contracting with the
21Department. As a prerequisite for an advance disbursement, the
22contractor must post a surety bond in the amount of the advance
23disbursement and have a purchase of service contract approved
24by the Department. The Department may pay up to 2 months
25operational expenses in advance. The amount of the advance
26disbursement shall be prorated over the life of the contract or



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1the remaining months of the fiscal year, whichever is less, and
2the installment amount shall then be deducted from future
3bills. Advance disbursement authorizations for new initiatives
4shall not be made to any agency after that agency has operated
5during 2 consecutive fiscal years. The requirements of this
6Section concerning advance disbursements shall not apply with
7respect to the following: payments to local public agencies for
8child day care services as authorized by Section 5a of this
9Act; and youth service programs receiving grant funds under
10Section 17a-4.
11    (e) (Blank).
12    (f) (Blank).
13    (g) The Department shall establish rules and regulations
14concerning its operation of programs designed to meet the goals
15of child safety and protection, family preservation, family
16reunification, 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



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



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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
6to 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
12services it makes available to children or families or for
13which it refers children or families.
14    (j) The Department may provide categories of financial
15assistance and education assistance grants, and shall
16establish rules and regulations concerning the assistance and
17grants, to persons who adopt physically or mentally
18handicapped, older and other hard-to-place children who (i)
19immediately prior to their adoption were legal wards of the
20Department or (ii) were determined eligible for financial
21assistance with respect to a prior adoption and who become
22available for adoption because the prior adoption has been
23dissolved and the parental rights of the adoptive parents have
24been terminated or because the child's adoptive parents have
25died. The Department may continue to provide financial
26assistance and education assistance grants for a child who was



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1determined eligible for financial assistance under this
2subsection (j) in the interim period beginning when the child's
3adoptive parents died and ending with the finalization of the
4new adoption of the child by another adoptive parent or
5parents. The Department may also provide categories of
6financial assistance and education assistance grants, and
7shall establish rules and regulations for the assistance and
8grants, to persons appointed guardian of the person under
9Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
104-25 or 5-740 of the Juvenile Court Act of 1987 for children
11who were wards of the Department for 12 months immediately
12prior to the appointment of the guardian.
13    The amount of assistance may vary, depending upon the needs
14of the child and the adoptive parents, as set forth in the
15annual assistance agreement. Special purpose grants are
16allowed where the child requires special service but such costs
17may not exceed the amounts which similar services would cost
18the Department if it were to provide or secure them as guardian
19of the child.
20    Any financial assistance provided under this subsection is
21inalienable by assignment, sale, execution, attachment,
22garnishment, or any other remedy for recovery or collection of
23a judgment or debt.
24    (j-5) The Department shall not deny or delay the placement
25of a child for adoption if an approved family is available
26either outside of the Department region handling the case, or



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



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1hearing the action under Article II of the Juvenile Court Act
2of 1987 may order the Department to provide the services set
3out in the plan, if those services are not provided with
4reasonable promptness and if those services are available.
5    The Department shall notify the child and his family of the
6Department's responsibility to offer and provide family
7preservation services as identified in the service plan. The
8child and his family shall be eligible for services as soon as
9the report is determined to be "indicated". The Department may
10offer services to any child or family with respect to whom a
11report of suspected child abuse or neglect has been filed,
12prior to concluding its investigation under Section 7.12 of the
13Abused and Neglected Child Reporting Act. However, the child's
14or family's willingness to accept services shall not be
15considered in the investigation. The Department may also
16provide services to any child or family who is the subject of
17any report of suspected child abuse or neglect or may refer
18such child or family to services available from other agencies
19in the community, even if the report is determined to be
20unfounded, if the conditions in the child's or family's home
21are reasonably likely to subject the child or family to future
22reports of suspected child abuse or neglect. Acceptance of such
23services shall be voluntary. The Department may also provide
24services to any child or family after completion of a family
25assessment, as an alternative to an investigation, as provided
26under the "differential response program" provided for in



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1subsection (a-5) of Section 7.4 of the Abused and Neglected
2Child Reporting Act.
3    The Department may, at its discretion except for those
4children also adjudicated neglected or dependent, accept for
5care and training any child who has been adjudicated addicted,
6as a truant minor in need of supervision or as a minor
7requiring authoritative intervention, under the Juvenile Court
8Act or the Juvenile Court Act of 1987, but no such child shall
9be committed to the Department by any court without the
10approval of the Department. On and after the effective date of
11this amendatory Act of the 98th General Assembly and before
12January 1, 2017, a minor charged with a criminal offense under
13the Criminal Code of 1961 or the Criminal Code of 2012 or
14adjudicated delinquent shall not be placed in the custody of or
15committed to the Department by any court, except (i) a minor
16less than 16 years of age committed to the Department under
17Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
18for whom an independent basis of abuse, neglect, or dependency
19exists, which must be defined by departmental rule, or (iii) a
20minor for whom the court has granted a supplemental petition to
21reinstate wardship pursuant to subsection (2) of Section 2-33
22of the Juvenile Court Act of 1987. On and after January 1,
232017, a minor charged with a criminal offense under the
24Criminal Code of 1961 or the Criminal Code of 2012 or
25adjudicated delinquent shall not be placed in the custody of or
26committed to the Department by any court, except (i) a minor



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1less than 15 years of age committed to the Department under
2Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
3for whom an independent basis of abuse, neglect, or dependency
4exists, which must be defined by departmental rule, or (iii) a
5minor for whom the court has granted a supplemental petition to
6reinstate wardship pursuant to subsection (2) of Section 2-33
7of the Juvenile Court Act of 1987. An independent basis exists
8when the allegations or adjudication of abuse, neglect, or
9dependency do not arise from the same facts, incident, or
10circumstances which give rise to a charge or adjudication of
12    As soon as is possible after August 7, 2009 (the effective
13date of Public Act 96-134), the Department shall develop and
14implement a special program of family preservation services to
15support intact, foster, and adoptive families who are
16experiencing extreme hardships due to the difficulty and stress
17of caring for a child who has been diagnosed with a pervasive
18developmental disorder if the Department determines that those
19services are necessary to ensure the health and safety of the
20child. The Department may offer services to any family whether
21or not a report has been filed under the Abused and Neglected
22Child Reporting Act. The Department may refer the child or
23family to services available from other agencies in the
24community if the conditions in the child's or family's home are
25reasonably likely to subject the child or family to future
26reports of suspected child abuse or neglect. Acceptance of



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1these services shall be voluntary. The Department shall develop
2and implement a public information campaign to alert health and
3social service providers and the general public about these
4special family preservation services. The nature and scope of
5the services offered and the number of families served under
6the special program implemented under this paragraph shall be
7determined by the level of funding that the Department annually
8allocates for this purpose. The term "pervasive developmental
9disorder" under this paragraph means a neurological condition,
10including but not limited to, Asperger's Syndrome and autism,
11as defined in the most recent edition of the Diagnostic and
12Statistical Manual of Mental Disorders of the American
13Psychiatric Association.
14    (l-1) The legislature recognizes that the best interests of
15the child require that the child be placed in the most
16permanent living arrangement as soon as is practically
17possible. To achieve this goal, the legislature directs the
18Department of Children and Family Services to conduct
19concurrent planning so that permanency may occur at the
20earliest opportunity. Permanent living arrangements may
21include prevention of placement of a child outside the home of
22the family when the child can be cared for at home without
23endangering the child's health or safety; reunification with
24the family, when safe and appropriate, if temporary placement
25is necessary; or movement of the child toward the most
26permanent living arrangement and permanent legal status.



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



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



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1apparent ability to ensure the child's health and safety and
2resume permanent charge of the child, or until a relative
3enters the home and is willing and able to ensure the child's
4health and safety and assume charge of the child until a
5parent, guardian or custodian enters the home and expresses
6such willingness and ability to ensure the child's safety and
7resume permanent charge. After a caretaker has remained in the
8home for a period not to exceed 12 hours, the Department must
9follow those procedures outlined in Section 2-9, 3-11, 4-8, or
105-415 of the Juvenile Court Act of 1987.
11    The Department shall have the authority, responsibilities
12and duties that a legal custodian of the child would have
13pursuant to subsection (9) of Section 1-3 of the Juvenile Court
14Act of 1987. Whenever a child is taken into temporary
15protective custody pursuant to an investigation under the
16Abused and Neglected Child Reporting Act, or pursuant to a
17referral and acceptance under the Juvenile Court Act of 1987 of
18a minor in limited custody, the Department, during the period
19of temporary custody and before the child is brought before a
20judicial officer as required by Section 2-9, 3-11, 4-8, or
215-415 of the Juvenile Court Act of 1987, shall have the
22authority, responsibilities and duties that a legal custodian
23of the child would have under subsection (9) of Section 1-3 of
24the Juvenile Court Act of 1987.
25    The Department shall ensure that any child taken into
26custody is scheduled for an appointment for a medical



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



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



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1limitations set forth in this Section. All reimbursements for
2services delivered shall be absolutely inalienable by
3assignment, sale, attachment, garnishment or otherwise.
4    (n-1) The Department shall provide or authorize child
5welfare services, aimed at assisting minors to achieve
6sustainable self-sufficiency as independent adults, for any
7minor eligible for the reinstatement of wardship pursuant to
8subsection (2) of Section 2-33 of the Juvenile Court Act of
91987, whether or not such reinstatement is sought or allowed,
10provided that the minor consents to such services and has not
11yet attained the age of 21. The Department shall have
12responsibility for the development and delivery of services
13under this Section. An eligible youth may access services under
14this Section through the Department of Children and Family
15Services or by referral from the Department of Human Services.
16Youth participating in services under this Section shall
17cooperate with the assigned case manager in developing an
18agreement identifying the services to be provided and how the
19youth will increase skills to achieve self-sufficiency. A
20homeless shelter is not considered appropriate housing for any
21youth receiving child welfare services under this Section. The
22Department shall continue child welfare services under this
23Section to any eligible minor until the minor becomes 21 years
24of age, no longer consents to participate, or achieves
25self-sufficiency as identified in the minor's service plan. The
26Department of Children and Family Services shall create clear,



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1readable notice of the rights of former foster youth to child
2welfare services under this Section and how such services may
3be obtained. The Department of Children and Family Services and
4the Department of Human Services shall disseminate this
5information statewide. The Department shall adopt regulations
6describing services intended to assist minors in achieving
7sustainable self-sufficiency as independent adults.
8    (o) The Department shall establish an administrative
9review and appeal process for children and families who request
10or receive child welfare services from the Department. Children
11who are wards of the Department and are placed by private child
12welfare agencies, and foster families with whom those children
13are placed, shall be afforded the same procedural and appeal
14rights as children and families in the case of placement by the
15Department, including the right to an initial review of a
16private agency decision by that agency. The Department shall
17insure that any private child welfare agency, which accepts
18wards of the Department for placement, affords those rights to
19children and foster families. The Department shall accept for
20administrative review and an appeal hearing a complaint made by
21(i) a child or foster family concerning a decision following an
22initial review by a private child welfare agency or (ii) a
23prospective adoptive parent who alleges a violation of
24subsection (j-5) of this Section. An appeal of a decision
25concerning a change in the placement of a child shall be
26conducted in an expedited manner. A court determination that a



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1current foster home placement is necessary and appropriate
2under Section 2-28 of the Juvenile Court Act of 1987 does not
3constitute a judicial determination on the merits of an
4administrative appeal, filed by a former foster parent,
5involving a change of placement decision.
6    (p) There is hereby created the Department of Children and
7Family Services Emergency Assistance Fund from which the
8Department may provide special financial assistance to
9families which are in economic crisis when such assistance is
10not available through other public or private sources and the
11assistance is deemed necessary to prevent dissolution of the
12family unit or to reunite families which have been separated
13due to child abuse and neglect. The Department shall establish
14administrative rules specifying the criteria for determining
15eligibility for and the amount and nature of assistance to be
16provided. The Department may also enter into written agreements
17with private and public social service agencies to provide
18emergency financial services to families referred by the
19Department. Special financial assistance payments shall be
20available to a family no more than once during each fiscal year
21and the total payments to a family may not exceed $500 during a
22fiscal year.
23    (q) The Department may receive and use, in their entirety,
24for the benefit of children any gift, donation or bequest of
25money or other property which is received on behalf of such
26children, or any financial benefits to which such children are



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1or may become entitled while under the jurisdiction or care of
2the Department.
3    The Department shall set up and administer no-cost,
4interest-bearing accounts in appropriate financial
5institutions for children for whom the Department is legally
6responsible and who have been determined eligible for Veterans'
7Benefits, Social Security benefits, assistance allotments from
8the armed forces, court ordered payments, parental voluntary
9payments, Supplemental Security Income, Railroad Retirement
10payments, Black Lung benefits, or other miscellaneous
11payments. Interest earned by each account shall be credited to
12the account, unless disbursed in accordance with this
14    In disbursing funds from children's accounts, the
15Department shall:
16        (1) Establish standards in accordance with State and
17    federal laws for disbursing money from children's
18    accounts. In all circumstances, the Department's
19    "Guardianship Administrator" or his or her designee must
20    approve disbursements from children's accounts. The
21    Department shall be responsible for keeping complete
22    records of all disbursements for each account for any
23    purpose.
24        (2) Calculate on a monthly basis the amounts paid from
25    State funds for the child's board and care, medical care
26    not covered under Medicaid, and social services; and



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1    utilize funds from the child's account, as covered by
2    regulation, to reimburse those costs. Monthly,
3    disbursements from all children's accounts, up to 1/12 of
4    $13,000,000, shall be deposited by the Department into the
5    General Revenue Fund and the balance over 1/12 of
6    $13,000,000 into the DCFS Children's Services Fund.
7        (3) Maintain any balance remaining after reimbursing
8    for the child's costs of care, as specified in item (2).
9    The balance shall accumulate in accordance with relevant
10    State and federal laws and shall be disbursed to the child
11    or his or her guardian, or to the issuing agency.
12    (r) The Department shall promulgate regulations
13encouraging all adoption agencies to voluntarily forward to the
14Department or its agent names and addresses of all persons who
15have applied for and have been approved for adoption of a
16hard-to-place or handicapped child and the names of such
17children who have not been placed for adoption. A list of such
18names and addresses shall be maintained by the Department or
19its agent, and coded lists which maintain the confidentiality
20of the person seeking to adopt the child and of the child shall
21be made available, without charge, to every adoption agency in
22the State to assist the agencies in placing such children for
23adoption. The Department may delegate to an agent its duty to
24maintain and make available such lists. The Department shall
25ensure that such agent maintains the confidentiality of the
26person seeking to adopt the child and of the child.



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1    (s) The Department of Children and Family Services may
2establish and implement a program to reimburse Department and
3private child welfare agency foster parents licensed by the
4Department of Children and Family Services for damages
5sustained by the foster parents as a result of the malicious or
6negligent acts of foster children, as well as providing third
7party coverage for such foster parents with regard to actions
8of foster children to other individuals. Such coverage will be
9secondary to the foster parent liability insurance policy, if
10applicable. The program shall be funded through appropriations
11from the General Revenue Fund, specifically designated for such
13    (t) The Department shall perform home studies and
14investigations and shall exercise supervision over visitation
15as ordered by a court pursuant to the Illinois Marriage and
16Dissolution of Marriage Act or the Adoption Act only if:
17        (1) an order entered by an Illinois court specifically
18    directs the Department to perform such services; and
19        (2) the court has ordered one or both of the parties to
20    the proceeding to reimburse the Department for its
21    reasonable costs for providing such services in accordance
22    with Department rules, or has determined that neither party
23    is financially able to pay.
24    The Department shall provide written notification to the
25court of the specific arrangements for supervised visitation
26and projected monthly costs within 60 days of the court order.



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1The Department shall send to the court information related to
2the costs incurred except in cases where the court has
3determined the parties are financially unable to pay. The court
4may order additional periodic reports as appropriate.
5    (u) In addition to other information that must be provided,
6whenever the Department places a child with a prospective
7adoptive parent or parents or in a licensed foster home, group
8home, child care institution, or in a relative home, the
9Department shall provide to the prospective adoptive parent or
10parents or other caretaker:
11        (1) available detailed information concerning the
12    child's educational and health history, copies of
13    immunization records (including insurance and medical card
14    information), a history of the child's previous
15    placements, if any, and reasons for placement changes
16    excluding any information that identifies or reveals the
17    location of any previous caretaker;
18        (2) a copy of the child's portion of the client service
19    plan, including any visitation arrangement, and all
20    amendments or revisions to it as related to the child; and
21        (3) information containing details of the child's
22    individualized educational plan when the child is
23    receiving special education services.
24    The caretaker shall be informed of any known social or
25behavioral information (including, but not limited to,
26criminal background, fire setting, perpetuation of sexual



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1abuse, destructive behavior, and substance abuse) necessary to
2care for and safeguard the children to be placed or currently
3in the home. The Department may prepare a written summary of
4the information required by this paragraph, which may be
5provided to the foster or prospective adoptive parent in
6advance of a placement. The foster or prospective adoptive
7parent may review the supporting documents in the child's file
8in the presence of casework staff. In the case of an emergency
9placement, casework staff shall at least provide known
10information verbally, if necessary, and must subsequently
11provide the information in writing as required by this
13    The information described in this subsection shall be
14provided in writing. In the case of emergency placements when
15time does not allow prior review, preparation, and collection
16of written information, the Department shall provide such
17information as it becomes available. Within 10 business days
18after placement, the Department shall obtain from the
19prospective adoptive parent or parents or other caretaker a
20signed verification of receipt of the information provided.
21Within 10 business days after placement, the Department shall
22provide to the child's guardian ad litem a copy of the
23information provided to the prospective adoptive parent or
24parents or other caretaker. The information provided to the
25prospective adoptive parent or parents or other caretaker shall
26be reviewed and approved regarding accuracy at the supervisory



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2    (u-5) Effective July 1, 1995, only foster care placements
3licensed as foster family homes pursuant to the Child Care Act
4of 1969 shall be eligible to receive foster care payments from
5the Department. Relative caregivers who, as of July 1, 1995,
6were approved pursuant to approved relative placement rules
7previously promulgated by the Department at 89 Ill. Adm. Code
8335 and had submitted an application for licensure as a foster
9family home may continue to receive foster care payments only
10until the Department determines that they may be licensed as a
11foster family home or that their application for licensure is
12denied or until September 30, 1995, whichever occurs first.
13    (v) The Department shall access criminal history record
14information as defined in the Illinois Uniform Conviction
15Information Act and information maintained in the adjudicatory
16and dispositional record system as defined in Section 2605-355
17of the Department of State Police Law (20 ILCS 2605/2605-355)
18if the Department determines the information is necessary to
19perform its duties under the Abused and Neglected Child
20Reporting Act, the Child Care Act of 1969, and the Children and
21Family Services Act. The Department shall provide for
22interactive computerized communication and processing
23equipment that permits direct on-line communication with the
24Department of State Police's central criminal history data
25repository. The Department shall comply with all certification
26requirements and provide certified operators who have been



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1trained by personnel from the Department of State Police. In
2addition, one Office of the Inspector General investigator
3shall have training in the use of the criminal history
4information access system and have access to the terminal. The
5Department of Children and Family Services and its employees
6shall abide by rules and regulations established by the
7Department of State Police relating to the access and
8dissemination of this information.
9    (v-1) Prior to final approval for placement of a child, the
10Department shall conduct a criminal records background check of
11the prospective foster or adoptive parent, including
12fingerprint-based checks of national crime information
13databases. Final approval for placement shall not be granted if
14the record check reveals a felony conviction for child abuse or
15neglect, for spousal abuse, for a crime against children, or
16for a crime involving violence, including rape, sexual assault,
17or homicide, but not including other physical assault or
18battery, or if there is a felony conviction for physical
19assault, battery, or a drug-related offense committed within
20the past 5 years.
21    (v-2) Prior to final approval for placement of a child, the
22Department shall check its child abuse and neglect registry for
23information concerning prospective foster and adoptive
24parents, and any adult living in the home. If any prospective
25foster or adoptive parent or other adult living in the home has
26resided in another state in the preceding 5 years, the



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1Department shall request a check of that other state's child
2abuse and neglect registry.
3    (w) Within 120 days of August 20, 1995 (the effective date
4of Public Act 89-392), the Department shall prepare and submit
5to the Governor and the General Assembly, a written plan for
6the development of in-state licensed secure child care
7facilities that care for children who are in need of secure
8living arrangements for their health, safety, and well-being.
9For purposes of this subsection, secure care facility shall
10mean a facility that is designed and operated to ensure that
11all entrances and exits from the facility, a building or a
12distinct part of the building, are under the exclusive control
13of the staff of the facility, whether or not the child has the
14freedom of movement within the perimeter of the facility,
15building, or distinct part of the building. The plan shall
16include descriptions of the types of facilities that are needed
17in Illinois; the cost of developing these secure care
18facilities; the estimated number of placements; the potential
19cost savings resulting from the movement of children currently
20out-of-state who are projected to be returned to Illinois; the
21necessary geographic distribution of these facilities in
22Illinois; and a proposed timetable for development of such
24    (x) The Department shall conduct annual credit history
25checks to determine the financial history of children placed
26under its guardianship pursuant to the Juvenile Court Act of



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11987. The Department shall conduct such credit checks starting
2when a ward turns 12 years old and each year thereafter for the
3duration of the guardianship as terminated pursuant to the
4Juvenile Court Act of 1987. The Department shall determine if
5financial exploitation of the child's personal information has
6occurred. If financial exploitation appears to have taken place
7or is presently ongoing, the Department shall notify the proper
8law enforcement agency, the proper State's Attorney, or the
9Attorney General.
10    (y) Beginning on the effective date of this amendatory Act
11of the 96th General Assembly, a child with a disability who
12receives residential and educational services from the
13Department shall be eligible to receive transition services in
14accordance with Article 14 of the School Code from the age of
1514.5 through age 21, inclusive, notwithstanding the child's
16residential services arrangement. For purposes of this
17subsection, "child with a disability" means a child with a
18disability as defined by the federal Individuals with
19Disabilities Education Improvement Act of 2004.
20    (z) The Department shall access criminal history record
21information as defined as "background information" in this
22subsection and criminal history record information as defined
23in the Illinois Uniform Conviction Information Act for each
24Department employee or Department applicant. Each Department
25employee or Department applicant shall submit his or her
26fingerprints to the Department of State Police in the form and



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1manner prescribed by the Department of State Police. These
2fingerprints shall be checked against the fingerprint records
3now and hereafter filed in the Department of State Police and
4the Federal Bureau of Investigation criminal history records
5databases. The Department of State Police shall charge a fee
6for conducting the criminal history record check, which shall
7be deposited into the State Police Services Fund and shall not
8exceed the actual cost of the record check. The Department of
9State Police shall furnish, pursuant to positive
10identification, all Illinois conviction information to the
11Department of Children and Family Services.
12    For purposes of this subsection:
13    "Background information" means all of the following:
14        (i) Upon the request of the Department of Children and
15    Family Services, conviction information obtained from the
16    Department of State Police as a result of a
17    fingerprint-based criminal history records check of the
18    Illinois criminal history records database and the Federal
19    Bureau of Investigation criminal history records database
20    concerning a Department employee or Department applicant.
21        (ii) Information obtained by the Department of
22    Children and Family Services after performing a check of
23    the Department of State Police's Sex Offender Database, as
24    authorized by Section 120 of the Sex Offender Community
25    Notification Law, concerning a Department employee or
26    Department applicant.



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1        (iii) Information obtained by the Department of
2    Children and Family Services after performing a check of
3    the Child Abuse and Neglect Tracking System (CANTS)
4    operated and maintained by the Department.
5    "Department employee" means a full-time or temporary
6employee coded or certified within the State of Illinois
7Personnel System.
8    "Department applicant" means an individual who has
9conditional Department full-time or part-time work, a
10contractor, an individual used to replace or supplement staff,
11an academic intern, a volunteer in Department offices or on
12Department contracts, a work-study student, an individual or
13entity licensed by the Department, or an unlicensed service
14provider who works as a condition of a contract or an agreement
15and whose work may bring the unlicensed service provider into
16contact with Department clients or client records.
17(Source: P.A. 97-1150, eff. 1-25-13; 98-249, eff. 1-1-14;
1898-570, eff. 8-27-13; 98-756, eff. 7-16-14; 98-803, eff.
20    Section 10. The Abused and Neglected Child Reporting Act is
21amended by changing Section 5 as follows:
22    (325 ILCS 5/5)  (from Ch. 23, par. 2055)
23    Sec. 5. An officer of a local law enforcement agency,
24designated employee of the Department, or a physician treating



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1a child may take or retain temporary protective custody of the
2child without the consent of the person responsible for the
3child's welfare, if (1) he has reason to believe that the child
4cannot be cared for at home or in the custody of the person
5responsible for the child's welfare without endangering the
6child's health or safety; and (2) there is not time to apply
7for a court order under the Juvenile Court Act of 1987 for
8temporary custody of the child. The person taking or retaining
9a child in temporary protective custody shall immediately make
10every reasonable effort to notify the person responsible for
11the child's welfare and shall immediately notify the
12Department. The Department shall provide to the temporary
13caretaker of a child any information in the Department's
14possession concerning the positive results of a test performed
15on the child to determine the presence of the antibody or
16antigen to Human Immunodeficiency Virus (HIV), or of HIV
17infection, as well as any communicable diseases or communicable
18infections that the child has. The temporary caretaker of a
19child shall not disclose to another person any information
20received by the temporary caretaker from the Department
21concerning the results of a test performed on the child to
22determine the presence of the antibody or antigen to HIV, or of
23HIV infection, except pursuant to Section 9 of the AIDS
24Confidentiality Act, as now or hereafter amended. The
25Department shall promptly initiate proceedings under the
26Juvenile Court Act of 1987 for the continued temporary custody



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1of the child.
2    Where the physician keeping a child in his custody does so
3in his capacity as a member of the staff of a hospital or
4similar institution, he shall notify the person in charge of
5the institution or his designated agent, who shall then become
6responsible for the further care of such child in the hospital
7or similar institution under the direction of the Department.
8    Said care includes, but is not limited to the granting of
9permission to perform emergency medical treatment to a minor
10where the treatment itself does not involve a substantial risk
11of harm to the minor and the failure to render such treatment
12will likely result in death or permanent harm to the minor, and
13there is not time to apply for a court order under the Juvenile
14Court Act of 1987.
15    Any person authorized and acting in good faith in the
16removal of a child under this Section shall have immunity from
17any liability, civil or criminal that might otherwise be
18incurred or imposed as a result of such removal. Any physician
19authorized and acting in good faith and in accordance with
20acceptable medical practice in the treatment of a child under
21this Section shall have immunity from any liability, civil or
22criminal, that might otherwise be incurred or imposed as a
23result of granting permission for emergency treatment.
24    With respect to any child taken into temporary protective
25custody pursuant to this Section, the Department of Children
26and Family Services Guardianship Administrator or his designee



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1shall be deemed the child's legally authorized representative
2in the following instances: (i) for purposes of consenting to
3emergency medical treatment for the child if the treatment
4itself does not involve a substantial risk of harm to the
5child, the failure to render such treatment will likely result
6in death or permanent harm to the child, and there is not time
7to apply for a court order under the Juvenile Court Act of
81987; (ii) for purposes of consenting to an initial health
9screening for the child within 24 hours after the child is
10taken into temporary protective custody, or to any ordinary and
11routine care for the child that may be necessary and
12appropriate, or to an HIV test if deemed necessary and
13appropriate by the Department's Guardianship Administrator or
14designee and obtaining and disclosing information concerning
15such test pursuant to the AIDS Confidentiality Act if deemed
16necessary and appropriate by the Department's Guardianship
17Administrator or designee; and (iii) for purposes of consenting
18to the release of information pursuant to the Illinois Sexually
19Transmissible Disease Control Act if deemed necessary and
20appropriate by the Department's Guardianship Administrator or
22    Any person who administers an HIV test upon the consent of
23the Department of Children and Family Services Guardianship
24Administrator or his designee, or who discloses the results of
25such tests to the Department's Guardianship Administrator or
26his designee, shall have immunity from any liability, civil,



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1criminal or otherwise, that might result by reason of such
2actions. For the purpose of any proceedings, civil or criminal,
3the good faith of any persons required to administer or
4disclose the results of tests, or permitted to take such
5actions, shall be presumed.
6(Source: P.A. 90-28, eff. 1-1-98.)