Illinois General Assembly - Full Text of SB0340
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Full Text of SB0340  96th General Assembly


Sen. Michael Bond

Filed: 3/25/2009





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2     AMENDMENT NO. ______. Amend Senate Bill 340 by replacing
3 everything after the enacting clause with the following:
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



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1         1987, as amended, prior to the age of 18 and who
2         continue under the jurisdiction of the court; or
3             (B) were accepted for care, service and training by
4         the Department prior to the age of 18 and whose best
5         interest in the discretion of the Department would be
6         served by continuing that care, service and training
7         because of severe emotional disturbances, physical
8         disability, social adjustment or any combination
9         thereof, or because of the need to complete an
10         educational or vocational training program.
11         (2) "Homeless youth" means persons found within the
12     State who are under the age of 19, are not in a safe and
13     stable living situation and cannot be reunited with their
14     families.
15         (3) "Child welfare services" means public social
16     services which are directed toward the accomplishment of
17     the following purposes:
18             (A) protecting and promoting the health, safety
19         and welfare of children, including homeless, dependent
20         or neglected children;
21             (B) remedying, or assisting in the solution of
22         problems which may result in, the neglect, abuse,
23         exploitation or delinquency of children;
24             (C) preventing the unnecessary separation of
25         children from their families by identifying family
26         problems, assisting families in resolving their



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1         problems, and preventing the breakup of the family
2         where the prevention of child removal is desirable and
3         possible when the child can be cared for at home
4         without endangering the child's health and safety;
5             (D) restoring to their families children who have
6         been removed, by the provision of services to the child
7         and the families when the child can be cared for at
8         home without endangering the child's health and
9         safety;
10             (E) placing children in suitable adoptive homes,
11         in cases where restoration to the biological family is
12         not safe, possible or appropriate;
13             (F) assuring safe and adequate care of children
14         away from their homes, in cases where the child cannot
15         be returned home or cannot be placed for adoption. At
16         the time of placement, the Department shall consider
17         concurrent planning, as described in subsection (l-1)
18         of this Section so that permanency may occur at the
19         earliest opportunity. Consideration should be given so
20         that if reunification fails or is delayed, the
21         placement made is the best available placement to
22         provide permanency for the child;
23             (G) (blank);
24             (H) (blank); and
25             (I) placing and maintaining children in facilities
26         that provide separate living quarters for children



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1         under the age of 18 and for children 18 years of age
2         and older, unless a child 18 years of age is in the
3         last year of high school education or vocational
4         training, in an approved individual or group treatment
5         program, in a licensed shelter facility, or secure
6         child care facility. The Department is not required to
7         place or maintain children:
8                 (i) who are in a foster home, or
9                 (ii) who are persons with a developmental
10             disability, as defined in the Mental Health and
11             Developmental Disabilities Code, or
12                 (iii) who are female children who are
13             pregnant, pregnant and parenting or parenting, or
14                 (iv) who are siblings, in facilities that
15             provide separate living quarters for children 18
16             years of age and older and for children under 18
17             years of age.
18     (b) Nothing in this Section shall be construed to authorize
19 the expenditure of public funds for the purpose of performing
20 abortions.
21     (c) The Department shall establish and maintain
22 tax-supported child welfare services and extend and seek to
23 improve voluntary services throughout the State, to the end
24 that services and care shall be available on an equal basis
25 throughout the State to children requiring such services.
26     (d) The Director may authorize advance disbursements for



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1 any new program initiative to any agency contracting with the
2 Department. As a prerequisite for an advance disbursement, the
3 contractor must post a surety bond in the amount of the advance
4 disbursement and have a purchase of service contract approved
5 by the Department. The Department may pay up to 2 months
6 operational expenses in advance. The amount of the advance
7 disbursement shall be prorated over the life of the contract or
8 the remaining months of the fiscal year, whichever is less, and
9 the installment amount shall then be deducted from future
10 bills. Advance disbursement authorizations for new initiatives
11 shall not be made to any agency after that agency has operated
12 during 2 consecutive fiscal years. The requirements of this
13 Section concerning advance disbursements shall not apply with
14 respect to the following: payments to local public agencies for
15 child day care services as authorized by Section 5a of this
16 Act; and youth service programs receiving grant funds under
17 Section 17a-4.
18     (e) (Blank).
19     (f) (Blank).
20     (g) The Department shall establish rules and regulations
21 concerning its operation of programs designed to meet the goals
22 of child safety and protection, family preservation, family
23 reunification, and adoption, including but not limited to:
24         (1) adoption;
25         (2) foster care;
26         (3) family counseling;



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1         (4) protective services;
2         (5) (blank);
3         (6) homemaker service;
4         (7) return of runaway children;
5         (8) (blank);
6         (9) placement under Section 5-7 of the Juvenile Court
7     Act or Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile
8     Court Act of 1987 in accordance with the federal Adoption
9     Assistance and Child Welfare Act of 1980; and
10         (10) interstate services.
11     Rules and regulations established by the Department shall
12 include provisions for training Department staff and the staff
13 of Department grantees, through contracts with other agencies
14 or resources, in alcohol and drug abuse screening techniques
15 approved by the Department of Human Services, as a successor to
16 the Department of Alcoholism and Substance Abuse, for the
17 purpose of identifying children and adults who should be
18 referred to an alcohol and drug abuse treatment program for
19 professional evaluation.
20     (h) If the Department finds that there is no appropriate
21 program or facility within or available to the Department for a
22 ward and that no licensed private facility has an adequate and
23 appropriate program or none agrees to accept the ward, the
24 Department shall create an appropriate individualized,
25 program-oriented plan for such ward. The plan may be developed
26 within the Department or through purchase of services by the



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1 Department to the extent that it is within its statutory
2 authority to do.
3     (i) Service programs shall be available throughout the
4 State and shall include but not be limited to the following
5 services:
6         (1) case management;
7         (2) homemakers;
8         (3) counseling;
9         (4) parent education;
10         (5) day care; and
11         (6) emergency assistance and advocacy.
12     In addition, the following services may be made available
13 to assess and meet the needs of children and families:
14         (1) comprehensive family-based services;
15         (2) assessments;
16         (3) respite care; and
17         (4) in-home health services.
18     The Department shall provide transportation for any of the
19 services it makes available to children or families or for
20 which it refers children or families.
21     (j) The Department may provide categories of financial
22 assistance and education assistance grants, and shall
23 establish rules and regulations concerning the assistance and
24 grants, to persons who adopt physically or mentally
25 handicapped, older and other hard-to-place children who (i)
26 immediately prior to their adoption were legal wards of the



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1 Department or (ii) were determined eligible for financial
2 assistance with respect to a prior adoption and who become
3 available for adoption because the prior adoption has been
4 dissolved and the parental rights of the adoptive parents have
5 been terminated or because the child's adoptive parents have
6 died. The Department may continue to provide financial
7 assistance and education assistance grants for a child who was
8 determined eligible for financial assistance under this
9 subsection (j) in the interim period beginning when the child's
10 adoptive parents died and ending with the finalization of the
11 new adoption of the child by another adoptive parent or
12 parents. The Department may also provide categories of
13 financial assistance and education assistance grants, and
14 shall establish rules and regulations for the assistance and
15 grants, to persons appointed guardian of the person under
16 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
17 4-25 or 5-740 of the Juvenile Court Act of 1987 for children
18 who were wards of the Department for 12 months immediately
19 prior to the appointment of the guardian.
20     The amount of assistance may vary, depending upon the needs
21 of the child and the adoptive parents, as set forth in the
22 annual assistance agreement. Special purpose grants are
23 allowed where the child requires special service but such costs
24 may not exceed the amounts which similar services would cost
25 the Department if it were to provide or secure them as guardian
26 of the child.



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1     Any financial assistance provided under this subsection is
2 inalienable by assignment, sale, execution, attachment,
3 garnishment, or any other remedy for recovery or collection of
4 a judgment or debt.
5     (j-5) The Department shall not deny or delay the placement
6 of a child for adoption if an approved family is available
7 either outside of the Department region handling the case, or
8 outside of the State of Illinois.
9     (k) The Department shall accept for care and training any
10 child who has been adjudicated neglected or abused, or
11 dependent committed to it pursuant to the Juvenile Court Act or
12 the Juvenile Court Act of 1987.
13     (l) Before July 1, 2000, the Department may provide, and
14 beginning July 1, 2000, the Department shall offer family
15 preservation services, as defined in Section 8.2 of the Abused
16 and Neglected Child Reporting Act, to help families, including
17 adoptive and extended families. Family preservation services
18 shall be offered (i) to prevent the placement of children in
19 substitute care when the children can be cared for at home or
20 in the custody of the person responsible for the children's
21 welfare, (ii) to reunite children with their families, or (iii)
22 to maintain an adoptive placement. Family preservation
23 services shall only be offered when doing so will not endanger
24 the children's health or safety. With respect to children who
25 are in substitute care pursuant to the Juvenile Court Act of
26 1987, family preservation services shall not be offered if a



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1 goal other than those of subdivisions (A), (B), or (B-1) of
2 subsection (2) of Section 2-28 of that Act has been set.
3 Nothing in this paragraph shall be construed to create a
4 private right of action or claim on the part of any individual
5 or child welfare agency.
6     The Department shall notify the child and his family of the
7 Department's responsibility to offer and provide family
8 preservation services as identified in the service plan. The
9 child and his family shall be eligible for services as soon as
10 the report is determined to be "indicated". The Department may
11 offer services to any child or family with respect to whom a
12 report of suspected child abuse or neglect has been filed,
13 prior to concluding its investigation under Section 7.12 of the
14 Abused and Neglected Child Reporting Act. However, the child's
15 or family's willingness to accept services shall not be
16 considered in the investigation. The Department may also
17 provide services to any child or family who is the subject of
18 any report of suspected child abuse or neglect or may refer
19 such child or family to services available from other agencies
20 in the community, even if the report is determined to be
21 unfounded, if the conditions in the child's or family's home
22 are reasonably likely to subject the child or family to future
23 reports of suspected child abuse or neglect. Acceptance of such
24 services shall be voluntary.
25     The Department may, at its discretion except for those
26 children also adjudicated neglected or dependent, accept for



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1 care and training any child who has been adjudicated addicted,
2 as a truant minor in need of supervision or as a minor
3 requiring authoritative intervention, under the Juvenile Court
4 Act or the Juvenile Court Act of 1987, but no such child shall
5 be committed to the Department by any court without the
6 approval of the Department. A minor charged with a criminal
7 offense under the Criminal Code of 1961 or adjudicated
8 delinquent shall not be placed in the custody of or committed
9 to the Department by any court, except a minor less than 15
10 years of age committed to the Department under Section 5-710 of
11 the Juvenile Court Act of 1987 or a minor for whom an
12 independent basis of abuse, neglect, or dependency exists,
13 which must be defined by departmental rule. An independent
14 basis exists when the allegations or adjudication of abuse,
15 neglect, or dependency do not arise from the same facts,
16 incident, or circumstances which give rise to a charge or
17 adjudication of delinquency.
18     (l-1) The legislature recognizes that the best interests of
19 the child require that the child be placed in the most
20 permanent living arrangement as soon as is practically
21 possible. To achieve this goal, the legislature directs the
22 Department of Children and Family Services to conduct
23 concurrent planning so that permanency may occur at the
24 earliest opportunity. Permanent living arrangements may
25 include prevention of placement of a child outside the home of
26 the family when the child can be cared for at home without



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



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



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



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



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1 or the Director's designate prior to admission to the facility
2 subject to Section 2-27.1 of the Juvenile Court Act of 1987.
3 This subsection (m-1) does not apply to a child who is subject
4 to placement in a correctional facility operated pursuant to
5 Section 3-15-2 of the Unified Code of Corrections, unless the
6 child is a ward who was placed under the care of the Department
7 before being subject to placement in a correctional facility
8 and a court of competent jurisdiction has ordered placement of
9 the child in a secure care facility.
10     (n) The Department may place children under 18 years of age
11 in licensed child care facilities when in the opinion of the
12 Department, appropriate services aimed at family preservation
13 have been unsuccessful and cannot ensure the child's health and
14 safety or are unavailable and such placement would be for their
15 best interest. Payment for board, clothing, care, training and
16 supervision of any child placed in a licensed child care
17 facility may be made by the Department, by the parents or
18 guardians of the estates of those children, or by both the
19 Department and the parents or guardians, except that no
20 payments shall be made by the Department for any child placed
21 in a licensed child care facility for board, clothing, care,
22 training and supervision of such a child that exceed the
23 average per capita cost of maintaining and of caring for a
24 child in institutions for dependent or neglected children
25 operated by the Department. However, such restriction on
26 payments does not apply in cases where children require



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1 specialized care and treatment for problems of severe emotional
2 disturbance, physical disability, social adjustment, or any
3 combination thereof and suitable facilities for the placement
4 of such children are not available at payment rates within the
5 limitations set forth in this Section. All reimbursements for
6 services delivered shall be absolutely inalienable by
7 assignment, sale, attachment, garnishment or otherwise.
8     (o) The Department shall establish an administrative
9 review and appeal process for children and families who request
10 or receive child welfare services from the Department. Children
11 who are wards of the Department and are placed by private child
12 welfare agencies, and foster families with whom those children
13 are placed, shall be afforded the same procedural and appeal
14 rights as children and families in the case of placement by the
15 Department, including the right to an initial review of a
16 private agency decision by that agency. The Department shall
17 insure that any private child welfare agency, which accepts
18 wards of the Department for placement, affords those rights to
19 children and foster families. The Department shall accept for
20 administrative review and an appeal hearing a complaint made by
21 (i) a child or foster family concerning a decision following an
22 initial review by a private child welfare agency or (ii) a
23 prospective adoptive parent who alleges a violation of
24 subsection (j-5) of this Section. An appeal of a decision
25 concerning a change in the placement of a child shall be
26 conducted in an expedited manner.



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1     (p) There is hereby created the Department of Children and
2 Family Services Emergency Assistance Fund from which the
3 Department may provide special financial assistance to
4 families which are in economic crisis when such assistance is
5 not available through other public or private sources and the
6 assistance is deemed necessary to prevent dissolution of the
7 family unit or to reunite families which have been separated
8 due to child abuse and neglect. The Department shall establish
9 administrative rules specifying the criteria for determining
10 eligibility for and the amount and nature of assistance to be
11 provided. The Department may also enter into written agreements
12 with private and public social service agencies to provide
13 emergency financial services to families referred by the
14 Department. Special financial assistance payments shall be
15 available to a family no more than once during each fiscal year
16 and the total payments to a family may not exceed $500 during a
17 fiscal year.
18     (q) The Department may receive and use, in their entirety,
19 for the benefit of children any gift, donation or bequest of
20 money or other property which is received on behalf of such
21 children, or any financial benefits to which such children are
22 or may become entitled while under the jurisdiction or care of
23 the Department.
24     The Department shall set up and administer no-cost,
25 interest-bearing accounts in appropriate financial
26 institutions for children for whom the Department is legally



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1 responsible and who have been determined eligible for Veterans'
2 Benefits, Social Security benefits, assistance allotments from
3 the armed forces, court ordered payments, parental voluntary
4 payments, Supplemental Security Income, Railroad Retirement
5 payments, Black Lung benefits, or other miscellaneous
6 payments. Interest earned by each account shall be credited to
7 the account, unless disbursed in accordance with this
8 subsection.
9     In disbursing funds from children's accounts, the
10 Department shall:
11         (1) Establish standards in accordance with State and
12     federal laws for disbursing money from children's
13     accounts. In all circumstances, the Department's
14     "Guardianship Administrator" or his or her designee must
15     approve disbursements from children's accounts. The
16     Department shall be responsible for keeping complete
17     records of all disbursements for each account for any
18     purpose.
19         (2) Calculate on a monthly basis the amounts paid from
20     State funds for the child's board and care, medical care
21     not covered under Medicaid, and social services; and
22     utilize funds from the child's account, as covered by
23     regulation, to reimburse those costs. Monthly,
24     disbursements from all children's accounts, up to 1/12 of
25     $13,000,000, shall be deposited by the Department into the
26     General Revenue Fund and the balance over 1/12 of



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



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1 negligent acts of foster children, as well as providing third
2 party coverage for such foster parents with regard to actions
3 of foster children to other individuals. Such coverage will be
4 secondary to the foster parent liability insurance policy, if
5 applicable. The program shall be funded through appropriations
6 from the General Revenue Fund, specifically designated for such
7 purposes.
8     (t) The Department shall perform home studies and
9 investigations and shall exercise supervision over visitation
10 as ordered by a court pursuant to the Illinois Marriage and
11 Dissolution of Marriage Act or the Adoption Act only if:
12         (1) an order entered by an Illinois court specifically
13     directs the Department to perform such services; and
14         (2) the court has ordered one or both of the parties to
15     the proceeding to reimburse the Department for its
16     reasonable costs for providing such services in accordance
17     with Department rules, or has determined that neither party
18     is financially able to pay.
19     The Department shall provide written notification to the
20 court of the specific arrangements for supervised visitation
21 and projected monthly costs within 60 days of the court order.
22 The Department shall send to the court information related to
23 the costs incurred except in cases where the court has
24 determined the parties are financially unable to pay. The court
25 may order additional periodic reports as appropriate.
26     (u) In addition to other information that must be provided,



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1 whenever the Department places a child with a prospective
2 adoptive parent or parents or in a licensed foster home, group
3 home, child care institution, or in a relative home, the
4 Department shall provide to the prospective adoptive parent or
5 parents or other caretaker:
6         (1) available detailed information concerning the
7     child's educational and health history, copies of
8     immunization records (including insurance and medical card
9     information), a history of the child's previous
10     placements, if any, and reasons for placement changes
11     excluding any information that identifies or reveals the
12     location of any previous caretaker;
13         (2) a copy of the child's portion of the client service
14     plan, including any visitation arrangement, and all
15     amendments or revisions to it as related to the child; and
16         (3) information containing details of the child's
17     individualized educational plan when the child is
18     receiving special education services.
19     The caretaker shall be informed of any known social or
20 behavioral information (including, but not limited to,
21 criminal background, fire setting, perpetuation of sexual
22 abuse, destructive behavior, and substance abuse) necessary to
23 care for and safeguard the children to be placed or currently
24 in the home. The Department may prepare a written summary of
25 the information required by this paragraph, which may be
26 provided to the foster or prospective adoptive parent in



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1 advance of a placement. The foster or prospective adoptive
2 parent may review the supporting documents in the child's file
3 in the presence of casework staff. In the case of an emergency
4 placement, casework staff shall at least provide known
5 information verbally, if necessary, and must subsequently
6 provide the information in writing as required by this
7 subsection.
8     The information described in this subsection shall be
9 provided in writing. In the case of emergency placements when
10 time does not allow prior review, preparation, and collection
11 of written information, the Department shall provide such
12 information as it becomes available. Within 10 business days
13 after placement, the Department shall obtain from the
14 prospective adoptive parent or parents or other caretaker a
15 signed verification of receipt of the information provided.
16 Within 10 business days after placement, the Department shall
17 provide to the child's guardian ad litem a copy of the
18 information provided to the prospective adoptive parent or
19 parents or other caretaker. The information provided to the
20 prospective adoptive parent or parents or other caretaker shall
21 be reviewed and approved regarding accuracy at the supervisory
22 level.
23     (u-5) Effective July 1, 1995, only foster care placements
24 licensed as foster family homes pursuant to the Child Care Act
25 of 1969 shall be eligible to receive foster care payments from
26 the Department. Relative caregivers who, as of July 1, 1995,



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1 were approved pursuant to approved relative placement rules
2 previously promulgated by the Department at 89 Ill. Adm. Code
3 335 and had submitted an application for licensure as a foster
4 family home may continue to receive foster care payments only
5 until the Department determines that they may be licensed as a
6 foster family home or that their application for licensure is
7 denied or until September 30, 1995, whichever occurs first.
8     (v) The Department shall access criminal history record
9 information as defined in the Illinois Uniform Conviction
10 Information Act and information maintained in the adjudicatory
11 and dispositional record system as defined in Section 2605-355
12 of the Department of State Police Law (20 ILCS 2605/2605-355)
13 if the Department determines the information is necessary to
14 perform its duties under the Abused and Neglected Child
15 Reporting Act, the Child Care Act of 1969, and the Children and
16 Family Services Act. The Department shall provide for
17 interactive computerized communication and processing
18 equipment that permits direct on-line communication with the
19 Department of State Police's central criminal history data
20 repository. The Department shall comply with all certification
21 requirements and provide certified operators who have been
22 trained by personnel from the Department of State Police. In
23 addition, one Office of the Inspector General investigator
24 shall have training in the use of the criminal history
25 information access system and have access to the terminal. The
26 Department of Children and Family Services and its employees



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1 shall abide by rules and regulations established by the
2 Department of State Police relating to the access and
3 dissemination of this information.
4     (v-1) Prior to final approval for placement of a child, the
5 Department shall conduct a criminal records background check of
6 the prospective foster or adoptive parent, including
7 fingerprint-based checks of national crime information
8 databases. Final approval for placement shall not be granted if
9 the record check reveals a felony conviction for child abuse or
10 neglect, for spousal abuse, for a crime against children, or
11 for a crime involving violence, including rape, sexual assault,
12 or homicide, but not including other physical assault or
13 battery, or if there is a felony conviction for physical
14 assault, battery, or a drug-related offense committed within
15 the past 5 years.
16     (v-2) Prior to final approval for placement of a child, the
17 Department shall check its child abuse and neglect registry for
18 information concerning prospective foster and adoptive
19 parents, and any adult living in the home. If any prospective
20 foster or adoptive parent or other adult living in the home has
21 resided in another state in the preceding 5 years, the
22 Department shall request a check of that other state's child
23 abuse and neglect registry.
24     (w) Within 120 days of August 20, 1995 (the effective date
25 of Public Act 89-392), the Department shall prepare and submit
26 to the Governor and the General Assembly, a written plan for



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1 the development of in-state licensed secure child care
2 facilities that care for children who are in need of secure
3 living arrangements for their health, safety, and well-being.
4 For purposes of this subsection, secure care facility shall
5 mean a facility that is designed and operated to ensure that
6 all entrances and exits from the facility, a building or a
7 distinct part of the building, are under the exclusive control
8 of the staff of the facility, whether or not the child has the
9 freedom of movement within the perimeter of the facility,
10 building, or distinct part of the building. The plan shall
11 include descriptions of the types of facilities that are needed
12 in Illinois; the cost of developing these secure care
13 facilities; the estimated number of placements; the potential
14 cost savings resulting from the movement of children currently
15 out-of-state who are projected to be returned to Illinois; the
16 necessary geographic distribution of these facilities in
17 Illinois; and a proposed timetable for development of such
18 facilities.
19     (x) The Department shall conduct annual credit history
20 checks to determine the financial history of children receiving
21 child welfare services. The Department shall determine if
22 financial exploitation of the child's personal information has
23 occurred. If financial exploitation of a child receiving child
24 welfare services appears to have taken place, or is presently
25 on-going, the Department shall notify the proper law
26 enforcement agency or State's Attorney office.



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1 (Source: P.A. 94-215, eff. 1-1-06; 94-1010, eff. 10-1-06;
2 95-10, eff. 6-30-07; 95-601, eff. 9-11-07; 95-642, eff. 6-1-08;
3 95-876, eff. 8-21-08.)
4     Section 99. Effective date. This Act takes effect upon
5 becoming law.".