Illinois General Assembly - Full Text of SB1746
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Full Text of SB1746  100th 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 ready, willing, and able to care for the child. At a
13minimum, these efforts shall be renewed each time the child
14requires a placement change and it is appropriate for the child
15to be cared for in a home environment. The Department must
16document its efforts to identify, locate, and provide notice to
17such potential relative placements and maintain the
18documentation in the child's case file.
19    If the Department determines that a placement with any
20identified relative is not in the child's best interests or
21that the relative does not meet the requirements to be a
22relative caregiver, as set forth in Department rules or by
23statute, the Department must document the basis for that
24decision and maintain the documentation in the child's case
26    If, pursuant to the Department's rules, any person files an



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



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1visitation or transition plan, or both, and incorporate the
2visitation or transition plan, or both, into the child's case
3plan. For the purpose of this subsection, any determination as
4to the child's best interests shall include consideration of
5the factors set out in subsection (4.05) of Section 1-3 of the
6Juvenile Court Act of 1987.
7    The Department may not place a child with a relative, with
8the exception of certain circumstances which may be waived as
9defined by the Department in rules, if the results of a check
10of the Law Enforcement Agencies Data System (LEADS) identifies
11a prior criminal conviction of the relative or any adult member
12of the relative's household for any of the following offenses
13under the Criminal Code of 1961 or the Criminal Code of 2012:
14        (1) murder;
15        (1.1) solicitation of murder;
16        (1.2) solicitation of murder for hire;
17        (1.3) intentional homicide of an unborn child;
18        (1.4) voluntary manslaughter of an unborn child;
19        (1.5) involuntary manslaughter;
20        (1.6) reckless homicide;
21        (1.7) concealment of a homicidal death;
22        (1.8) involuntary manslaughter of an unborn child;
23        (1.9) reckless homicide of an unborn child;
24        (1.10) drug-induced homicide;
25        (2) a sex offense under Article 11, except offenses
26    described in Sections 11-7, 11-8, 11-12, 11-13, 11-35,



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



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



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



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1identification, and licensure of fictive kin.
2    For purposes of this subsection, "fictive kin" means any
3individual, unrelated by birth or marriage, who:
4        (i) is shown to have significant and close personal or
5    emotional ties with the child or the child's family prior
6    to the child's placement with the individual; or
7        (ii) is the current foster parent of a child in the
8    custody or guardianship of the Department pursuant to this
9    Act and the Juvenile Court Act of 1987, if the child has
10    been placed in the home for at least one year and has
11    established a significant and family-like relationship
12    with the foster parent, and the foster parent has been
13    identified by the Department as the child's permanent
14    connection, as defined by Department rule.
15    The provisions added to this subsection (b) by Public Act
1698-846 shall become operative on and after June 1, 2015.
17    (c) In placing a child under this Act, the Department shall
18ensure that the child's health, safety, and best interests are
19met. In rejecting placement of a child with an identified
20relative, the Department shall ensure that the child's health,
21safety, and best interests are met. In evaluating the best
22interests of the child, the Department shall take into
23consideration the factors set forth in subsection (4.05) of
24Section 1-3 of the Juvenile Court Act of 1987.
25    The Department shall consider the individual needs of the
26child and the capacity of the prospective foster or adoptive



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1parents to meet the needs of the child. When a child must be
2placed outside his or her home and cannot be immediately
3returned to his or her parents or guardian, a comprehensive,
4individualized assessment shall be performed of that child at
5which time the needs of the child shall be determined. Only if
6race, color, or national origin is identified as a legitimate
7factor in advancing the child's best interests shall it be
8considered. Race, color, or national origin shall not be
9routinely considered in making a placement decision. The
10Department shall make special efforts for the diligent
11recruitment of potential foster and adoptive families that
12reflect the ethnic and racial diversity of the children for
13whom foster and adoptive homes are needed. "Special efforts"
14shall include contacting and working with community
15organizations and religious organizations and may include
16contracting with those organizations, utilizing local media
17and other local resources, and conducting outreach activities.
18    (c-1) At the time of placement, the Department shall
19consider concurrent planning, as described in subsection (l-1)
20of Section 5, so that permanency may occur at the earliest
21opportunity. Consideration should be given so that if
22reunification fails or is delayed, the placement made is the
23best available placement to provide permanency for the child.
24To the extent that doing so is in the child's best interests as
25set forth in subsection (4.05) of Section 1-3 of the Juvenile
26Court Act of 1987, the Department should consider placements



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1that will permit the child to maintain a meaningful
2relationship with his or her parents.
3    (d) The Department may accept gifts, grants, offers of
4services, and other contributions to use in making special
5recruitment efforts.
6    (e) The Department in placing children in adoptive or
7foster care homes may not, in any policy or practice relating
8to the placement of children for adoption or foster care,
9discriminate against any child or prospective adoptive or
10foster parent on the basis of race.
11(Source: P.A. 98-846, eff. 1-1-15; 99-143, eff. 7-27-15;
1299-340, eff. 1-1-16; 99-642, eff. 7-28-16; 99-836, eff.
14    Section 99. Effective date. This Act takes effect upon
15becoming law.