Full Text of HB3684 99th General Assembly
HB3684 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB3684 Introduced , by Rep. Litesa E. Wallace SYNOPSIS AS INTRODUCED: |
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Creates the Foster Children's Bill of Rights Act. Provides that it is the policy of this State that every child and
adult in the care of the Department of Children and Family Services who is placed in foster care shall have certain rights, including the right to: (i) live in a safe, healthy, and comfortable home where he or
she is treated with respect; (ii) be free from physical, sexual, emotional, or other abuse,
or corporal punishment; (iii) receive adequate and healthy food, adequate clothing, and,
for youth in group homes, an allowance; (iv) receive medical, dental, vision, and mental health
services; (v) be free of the administration of medication or chemical
substances, unless authorized by a physician; (vi) contact family members, unless prohibited by court order,
and social workers, attorneys, foster youth advocates, and other specified persons; (vii) contact the Advocacy Office for Children and Families established under the Children and Family Services Act or the Department of Children and Family Services' Office of the Inspector General regarding violations of rights, speak to representatives of these
offices confidentially, and be free from threats or punishment for
making complaints; (viii) attend court hearings and speak to the judge; (ix) review his or her own case plan and plan for permanent
placement, and receive information about his or her
out-of-home placement and case plan, including being told of changes
to the case plan; and (x) receive a copy of the Act and have it fully explained to him or her when he or she is placed in the care of the Department of Children and Family Services. Provides that nothing in the Act shall be interpreted to require a
foster care provider to take any action that would impair the health
and safety of children in out-of-home placement.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning children.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the Foster | 5 | | Children's Bill of Rights Act. | 6 | | Section 5. Foster Children's Bill or Rights. It is the | 7 | | policy of this State that every child and
adult in the care of | 8 | | the Department of Children and Family Services who is placed in | 9 | | foster care shall have the following rights: | 10 | | (1) To live in a safe, healthy, and comfortable home | 11 | | where he or
she is treated with respect. | 12 | | (2) To be free from physical, sexual, emotional, or | 13 | | other abuse,
or corporal punishment. | 14 | | (3) To receive adequate and healthy food, adequate | 15 | | clothing, and,
for youth in group homes, an allowance. | 16 | | (4) To receive medical, dental, vision, and mental | 17 | | health
services. | 18 | | (5) To be free of the administration of medication or | 19 | | chemical
substances, unless authorized by a physician. | 20 | | (6) To contact family members, unless prohibited by | 21 | | court order,
and social workers, attorneys, foster youth | 22 | | advocates and supporters,
Court Appointed Special | 23 | | Advocates (CASAs), and probation officers. |
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| 1 | | (7) To visit and contact brothers and sisters, unless | 2 | | prohibited
by court order. | 3 | | (8) To contact the Advocacy Office for Children and | 4 | | Families established under the Children and Family | 5 | | Services Act or the Department of Children and Family | 6 | | Services' Office of the Inspector General regarding | 7 | | violations of rights, to speak to representatives of these
| 8 | | offices confidentially, and to be free from threats or | 9 | | punishment for
making complaints. | 10 | | (9) To make and receive confidential telephone calls | 11 | | and send and
receive unopened mail, unless prohibited by | 12 | | court order.
| 13 | | (10) To attend religious services and activities of his | 14 | | or her
choice.
| 15 | | (11) To maintain an emancipation bank account and | 16 | | manage personal
income, consistent with the child's age and | 17 | | developmental level,
unless prohibited by the case plan. | 18 | | (12) To not be locked in a room, building, or facility | 19 | | premises,
unless placed in a secure child care facility | 20 | | licensed by the Department of Children and Family Services | 21 | | under the Child Care Act of 1969. | 22 | | (13) To attend school and participate in | 23 | | extracurricular,
cultural, and personal enrichment | 24 | | activities, consistent with the
child's age and | 25 | | developmental level, with minimal disruptions to
school | 26 | | attendance and educational stability. |
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| 1 | | (14) To work and develop job skills at an | 2 | | age-appropriate level,
consistent with State law. | 3 | | (15) To have social contacts with people outside of the | 4 | | foster
care system, including teachers, church members, | 5 | | mentors, and
friends. | 6 | | (16) If he or she meets age requirements, to attend | 7 | | services and programs operated by the Department of | 8 | | Children and Family Services or any other appropriate State | 9 | | agency that aim to help current and former foster youth | 10 | | achieve self-sufficiency prior to and after leaving foster | 11 | | care. | 12 | | (17) To attend court hearings and speak to the judge. | 13 | | (18) To have storage space for private use. | 14 | | (19) To be involved in the development of his or her | 15 | | own case plan
and plan for permanent placement. | 16 | | (20) To review his or her own case plan and plan for | 17 | | permanent
placement, if he or she is 12 years of age or | 18 | | older and in a
permanent placement, and to receive | 19 | | information about his or her
out-of-home placement and case | 20 | | plan, including being told of changes
to the case plan. | 21 | | (21) To be free from unreasonable searches of personal | 22 | | belongings. | 23 | | (22) To the confidentiality of all juvenile court | 24 | | records
consistent with existing law. | 25 | | (23) To have fair and equal access to all available | 26 | | services,
placement, care, treatment, and benefits, and to |
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| 1 | | not be subjected to
discrimination or harassment on the | 2 | | basis of actual or perceived
race, ethnic group | 3 | | identification, ancestry, national origin, color,
| 4 | | religion, sex, sexual orientation, gender identity, mental | 5 | | or
physical disability, or HIV status. | 6 | | (24) To have caregivers and child welfare personnel who | 7 | | have
received instruction on cultural competency and | 8 | | sensitivity relating
to, and best practices for, providing | 9 | | adequate care to lesbian, gay,
bisexual, and transgender | 10 | | youth in out-of-home care. | 11 | | (25) At 16 years of age or older, to have access to | 12 | | existing
information regarding the educational options | 13 | | available, including,
but not limited to, the coursework | 14 | | necessary for vocational and
postsecondary educational | 15 | | programs, and information regarding
financial aid for | 16 | | postsecondary education. | 17 | | (26) To have access to age-appropriate, medically | 18 | | accurate
information about reproductive health care, the | 19 | | prevention of
unplanned pregnancy, and the prevention and | 20 | | treatment of sexually
transmitted infections at 12 years of | 21 | | age or older.
| 22 | | (27) To receive a copy of this Act and have it fully | 23 | | explained to the child or adult when he or she is placed in | 24 | | the care of the Department of Children and Family Services. | 25 | | Section 10. Foster care provider. Nothing in this Act shall |
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| 1 | | be interpreted to require a
foster care provider to take any | 2 | | action that would impair the health
and safety of children in | 3 | | out-of-home placement.
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