Illinois General Assembly - Full Text of HB2589
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Full Text of HB2589  100th General Assembly




HB2589 EnrolledLRB100 09280 RLC 19438 b

1    AN ACT concerning criminal law.
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 children with physical or mental
18disabilities, children who are older, or other hard-to-place
19children who (i) immediately prior to their adoption were legal
20wards of the Department or (ii) were determined eligible for
21financial assistance with respect to a prior adoption and who
22become available for adoption because the prior adoption has
23been dissolved and the parental rights of the adoptive parents
24have been terminated or because the child's adoptive parents
25have died. 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
11delinquency. The Department shall assign a caseworker to attend
12any hearing involving a youth in the care and custody of the
13Department who is placed on aftercare release, including
14hearings involving sanctions for violation of aftercare
15release conditions and aftercare release revocation hearings.
16    As soon as is possible after August 7, 2009 (the effective
17date of Public Act 96-134), the Department shall develop and
18implement a special program of family preservation services to
19support intact, foster, and adoptive families who are
20experiencing extreme hardships due to the difficulty and stress
21of caring for a child who has been diagnosed with a pervasive
22developmental disorder if the Department determines that those
23services are necessary to ensure the health and safety of the
24child. The Department may offer services to any family whether
25or not a report has been filed under the Abused and Neglected
26Child Reporting Act. The Department may refer the child or



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



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



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1    The Department shall adopt rules addressing concurrent
2planning for reunification and permanency. The Department
3shall consider the following factors when determining
4appropriateness 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
17child 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.
25If the child is found in his or her residence without a parent,
26guardian, custodian or responsible caretaker, the Department



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1may, instead of removing the child and assuming temporary
2custody, place an authorized representative of the Department
3in that residence until such time as a parent, guardian or
4custodian enters the home and expresses a willingness and
5apparent ability to ensure the child's health and safety and
6resume permanent charge of the child, or until a relative
7enters the home and is willing and able to ensure the child's
8health and safety and assume charge of the child until a
9parent, guardian or custodian enters the home and expresses
10such willingness and ability to ensure the child's safety and
11resume permanent charge. After a caretaker has remained in the
12home for a period not to exceed 12 hours, the Department must
13follow those procedures outlined in Section 2-9, 3-11, 4-8, or
145-415 of the Juvenile Court Act of 1987.
15    The Department shall have the authority, responsibilities
16and duties that a legal custodian of the child would have
17pursuant to subsection (9) of Section 1-3 of the Juvenile Court
18Act of 1987. Whenever a child is taken into temporary custody
19pursuant to an investigation under the Abused and Neglected
20Child Reporting Act, or pursuant to a referral and acceptance
21under the Juvenile Court Act of 1987 of a minor in limited
22custody, the Department, during the period of temporary custody
23and before the child is brought before a judicial officer as
24required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile
25Court Act of 1987, shall have the authority, responsibilities
26and duties that a legal custodian of the child would have under



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



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



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1specialized care and treatment for problems of severe emotional
2disturbance, physical disability, social adjustment, or any
3combination thereof and suitable facilities for the placement
4of such children are not available at payment rates within the
5limitations set forth in this Section. All reimbursements for
6services delivered shall be absolutely inalienable by
7assignment, sale, attachment, garnishment or otherwise.
8    (n-1) The Department shall provide or authorize child
9welfare services, aimed at assisting minors to achieve
10sustainable self-sufficiency as independent adults, for any
11minor eligible for the reinstatement of wardship pursuant to
12subsection (2) of Section 2-33 of the Juvenile Court Act of
131987, whether or not such reinstatement is sought or allowed,
14provided that the minor consents to such services and has not
15yet attained the age of 21. The Department shall have
16responsibility for the development and delivery of services
17under this Section. An eligible youth may access services under
18this Section through the Department of Children and Family
19Services or by referral from the Department of Human Services.
20Youth participating in services under this Section shall
21cooperate with the assigned case manager in developing an
22agreement identifying the services to be provided and how the
23youth will increase skills to achieve self-sufficiency. A
24homeless shelter is not considered appropriate housing for any
25youth receiving child welfare services under this Section. The
26Department shall continue child welfare services under this



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1Section to any eligible minor until the minor becomes 21 years
2of age, no longer consents to participate, or achieves
3self-sufficiency as identified in the minor's service plan. The
4Department of Children and Family Services shall create clear,
5readable notice of the rights of former foster youth to child
6welfare services under this Section and how such services may
7be obtained. The Department of Children and Family Services and
8the Department of Human Services shall disseminate this
9information statewide. The Department shall adopt regulations
10describing services intended to assist minors in achieving
11sustainable self-sufficiency as independent adults.
12    (o) The Department shall establish an administrative
13review and appeal process for children and families who request
14or receive child welfare services from the Department. Children
15who are wards of the Department and are placed by private child
16welfare agencies, and foster families with whom those children
17are placed, shall be afforded the same procedural and appeal
18rights as children and families in the case of placement by the
19Department, including the right to an initial review of a
20private agency decision by that agency. The Department shall
21insure that any private child welfare agency, which accepts
22wards of the Department for placement, affords those rights to
23children and foster families. The Department shall accept for
24administrative review and an appeal hearing a complaint made by
25(i) a child or foster family concerning a decision following an
26initial review by a private child welfare agency or (ii) a



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1prospective adoptive parent who alleges a violation of
2subsection (j-5) of this Section. An appeal of a decision
3concerning a change in the placement of a child shall be
4conducted in an expedited manner. A court determination that a
5current foster home placement is necessary and appropriate
6under Section 2-28 of the Juvenile Court Act of 1987 does not
7constitute a judicial determination on the merits of an
8administrative appeal, filed by a former foster parent,
9involving a change of placement decision.
10    (p) (Blank).
11    (q) The Department may receive and use, in their entirety,
12for the benefit of children any gift, donation or bequest of
13money or other property which is received on behalf of such
14children, or any financial benefits to which such children are
15or may become entitled while under the jurisdiction or care of
16the Department.
17    The Department shall set up and administer no-cost,
18interest-bearing accounts in appropriate financial
19institutions for children for whom the Department is legally
20responsible and who have been determined eligible for Veterans'
21Benefits, Social Security benefits, assistance allotments from
22the armed forces, court ordered payments, parental voluntary
23payments, Supplemental Security Income, Railroad Retirement
24payments, Black Lung benefits, or other miscellaneous
25payments. Interest earned by each account shall be credited to
26the account, unless disbursed in accordance with this



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2    In disbursing funds from children's accounts, the
3Department shall:
4        (1) Establish standards in accordance with State and
5    federal laws for disbursing money from children's
6    accounts. In all circumstances, the Department's
7    "Guardianship Administrator" or his or her designee must
8    approve disbursements from children's accounts. The
9    Department shall be responsible for keeping complete
10    records of all disbursements for each account for any
11    purpose.
12        (2) Calculate on a monthly basis the amounts paid from
13    State funds for the child's board and care, medical care
14    not covered under Medicaid, and social services; and
15    utilize funds from the child's account, as covered by
16    regulation, to reimburse those costs. Monthly,
17    disbursements from all children's accounts, up to 1/12 of
18    $13,000,000, shall be deposited by the Department into the
19    General Revenue Fund and the balance over 1/12 of
20    $13,000,000 into the DCFS Children's Services Fund.
21        (3) Maintain any balance remaining after reimbursing
22    for the child's costs of care, as specified in item (2).
23    The balance shall accumulate in accordance with relevant
24    State and federal laws and shall be disbursed to the child
25    or his or her guardian, or to the issuing agency.
26    (r) The Department shall promulgate regulations



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1encouraging all adoption agencies to voluntarily forward to the
2Department or its agent names and addresses of all persons who
3have applied for and have been approved for adoption of a
4hard-to-place child or child with a disability and the names of
5such children who have not been placed for adoption. A list of
6such names and addresses shall be maintained by the Department
7or its agent, and coded lists which maintain the
8confidentiality of the person seeking to adopt the child and of
9the child shall be made available, without charge, to every
10adoption agency in the State to assist the agencies in placing
11such children for adoption. The Department may delegate to an
12agent its duty to maintain and make available such lists. The
13Department shall ensure that such agent maintains the
14confidentiality of the person seeking to adopt the child and of
15the child.
16    (s) The Department of Children and Family Services may
17establish and implement a program to reimburse Department and
18private child welfare agency foster parents licensed by the
19Department of Children and Family Services for damages
20sustained by the foster parents as a result of the malicious or
21negligent acts of foster children, as well as providing third
22party coverage for such foster parents with regard to actions
23of foster children to other individuals. Such coverage will be
24secondary to the foster parent liability insurance policy, if
25applicable. The program shall be funded through appropriations
26from the General Revenue Fund, specifically designated for such



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2    (t) The Department shall perform home studies and
3investigations and shall exercise supervision over visitation
4as ordered by a court pursuant to the Illinois Marriage and
5Dissolution of Marriage Act or the Adoption Act only if:
6        (1) an order entered by an Illinois court specifically
7    directs the Department to perform such services; and
8        (2) the court has ordered one or both of the parties to
9    the proceeding to reimburse the Department for its
10    reasonable costs for providing such services in accordance
11    with Department rules, or has determined that neither party
12    is financially able to pay.
13    The Department shall provide written notification to the
14court of the specific arrangements for supervised visitation
15and projected monthly costs within 60 days of the court order.
16The Department shall send to the court information related to
17the costs incurred except in cases where the court has
18determined the parties are financially unable to pay. The court
19may order additional periodic reports as appropriate.
20    (u) In addition to other information that must be provided,
21whenever the Department places a child with a prospective
22adoptive parent or parents or in a licensed foster home, group
23home, child care institution, or in a relative home, the
24Department shall provide to the prospective adoptive parent or
25parents or other caretaker:
26        (1) available detailed information concerning the



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



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2    The information described in this subsection shall be
3provided in writing. In the case of emergency placements when
4time does not allow prior review, preparation, and collection
5of written information, the Department shall provide such
6information as it becomes available. Within 10 business days
7after placement, the Department shall obtain from the
8prospective adoptive parent or parents or other caretaker a
9signed verification of receipt of the information provided.
10Within 10 business days after placement, the Department shall
11provide to the child's guardian ad litem a copy of the
12information provided to the prospective adoptive parent or
13parents or other caretaker. The information provided to the
14prospective adoptive parent or parents or other caretaker shall
15be reviewed and approved regarding accuracy at the supervisory
17    (u-5) Effective July 1, 1995, only foster care placements
18licensed as foster family homes pursuant to the Child Care Act
19of 1969 shall be eligible to receive foster care payments from
20the Department. Relative caregivers who, as of July 1, 1995,
21were approved pursuant to approved relative placement rules
22previously promulgated by the Department at 89 Ill. Adm. Code
23335 and had submitted an application for licensure as a foster
24family home may continue to receive foster care payments only
25until the Department determines that they may be licensed as a
26foster family home or that their application for licensure is



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1denied or until September 30, 1995, whichever occurs first.
2    (v) The Department shall access criminal history record
3information as defined in the Illinois Uniform Conviction
4Information Act and information maintained in the adjudicatory
5and dispositional record system as defined in Section 2605-355
6of the Department of State Police Law (20 ILCS 2605/2605-355)
7if the Department determines the information is necessary to
8perform its duties under the Abused and Neglected Child
9Reporting Act, the Child Care Act of 1969, and the Children and
10Family Services Act. The Department shall provide for
11interactive computerized communication and processing
12equipment that permits direct on-line communication with the
13Department of State Police's central criminal history data
14repository. The Department shall comply with all certification
15requirements and provide certified operators who have been
16trained by personnel from the Department of State Police. In
17addition, one Office of the Inspector General investigator
18shall have training in the use of the criminal history
19information access system and have access to the terminal. The
20Department of Children and Family Services and its employees
21shall abide by rules and regulations established by the
22Department of State Police relating to the access and
23dissemination of this information.
24    (v-1) Prior to final approval for placement of a child, the
25Department shall conduct a criminal records background check of
26the prospective foster or adoptive parent, including



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1fingerprint-based checks of national crime information
2databases. Final approval for placement shall not be granted if
3the record check reveals a felony conviction for child abuse or
4neglect, for spousal abuse, for a crime against children, or
5for a crime involving violence, including rape, sexual assault,
6or homicide, but not including other physical assault or
7battery, or if there is a felony conviction for physical
8assault, battery, or a drug-related offense committed within
9the past 5 years.
10    (v-2) Prior to final approval for placement of a child, the
11Department shall check its child abuse and neglect registry for
12information concerning prospective foster and adoptive
13parents, and any adult living in the home. If any prospective
14foster or adoptive parent or other adult living in the home has
15resided in another state in the preceding 5 years, the
16Department shall request a check of that other state's child
17abuse and neglect registry.
18    (w) Within 120 days of August 20, 1995 (the effective date
19of Public Act 89-392), the Department shall prepare and submit
20to the Governor and the General Assembly, a written plan for
21the development of in-state licensed secure child care
22facilities that care for children who are in need of secure
23living arrangements for their health, safety, and well-being.
24For purposes of this subsection, secure care facility shall
25mean a facility that is designed and operated to ensure that
26all entrances and exits from the facility, a building or a



HB2589 Enrolled- 29 -LRB100 09280 RLC 19438 b

1distinct part of the building, are under the exclusive control
2of the staff of the facility, whether or not the child has the
3freedom of movement within the perimeter of the facility,
4building, or distinct part of the building. The plan shall
5include descriptions of the types of facilities that are needed
6in Illinois; the cost of developing these secure care
7facilities; the estimated number of placements; the potential
8cost savings resulting from the movement of children currently
9out-of-state who are projected to be returned to Illinois; the
10necessary geographic distribution of these facilities in
11Illinois; and a proposed timetable for development of such
13    (x) The Department shall conduct annual credit history
14checks to determine the financial history of children placed
15under its guardianship pursuant to the Juvenile Court Act of
161987. The Department shall conduct such credit checks starting
17when a ward turns 12 years old and each year thereafter for the
18duration of the guardianship as terminated pursuant to the
19Juvenile Court Act of 1987. The Department shall determine if
20financial exploitation of the child's personal information has
21occurred. If financial exploitation appears to have taken place
22or is presently ongoing, the Department shall notify the proper
23law enforcement agency, the proper State's Attorney, or the
24Attorney General.
25    (y) Beginning on the effective date of this amendatory Act
26of the 96th General Assembly, a child with a disability who



HB2589 Enrolled- 30 -LRB100 09280 RLC 19438 b

1receives residential and educational services from the
2Department shall be eligible to receive transition services in
3accordance with Article 14 of the School Code from the age of
414.5 through age 21, inclusive, notwithstanding the child's
5residential services arrangement. For purposes of this
6subsection, "child with a disability" means a child with a
7disability as defined by the federal Individuals with
8Disabilities Education Improvement Act of 2004.
9    (z) The Department shall access criminal history record
10information as defined as "background information" in this
11subsection and criminal history record information as defined
12in the Illinois Uniform Conviction Information Act for each
13Department employee or Department applicant. Each Department
14employee or Department applicant shall submit his or her
15fingerprints to the Department of State Police in the form and
16manner prescribed by the Department of State Police. These
17fingerprints shall be checked against the fingerprint records
18now and hereafter filed in the Department of State Police and
19the Federal Bureau of Investigation criminal history records
20databases. The Department of State Police shall charge a fee
21for conducting the criminal history record check, which shall
22be deposited into the State Police Services Fund and shall not
23exceed the actual cost of the record check. The Department of
24State Police shall furnish, pursuant to positive
25identification, all Illinois conviction information to the
26Department of Children and Family Services.



HB2589 Enrolled- 31 -LRB100 09280 RLC 19438 b

1    For purposes of this subsection:
2    "Background information" means all of the following:
3        (i) Upon the request of the Department of Children and
4    Family Services, conviction information obtained from the
5    Department of State Police as a result of a
6    fingerprint-based criminal history records check of the
7    Illinois criminal history records database and the Federal
8    Bureau of Investigation criminal history records database
9    concerning a Department employee or Department applicant.
10        (ii) Information obtained by the Department of
11    Children and Family Services after performing a check of
12    the Department of State Police's Sex Offender Database, as
13    authorized by Section 120 of the Sex Offender Community
14    Notification Law, concerning a Department employee or
15    Department applicant.
16        (iii) Information obtained by the Department of
17    Children and Family Services after performing a check of
18    the Child Abuse and Neglect Tracking System (CANTS)
19    operated and maintained by the Department.
20    "Department employee" means a full-time or temporary
21employee coded or certified within the State of Illinois
22Personnel System.
23    "Department applicant" means an individual who has
24conditional Department full-time or part-time work, a
25contractor, an individual used to replace or supplement staff,
26an academic intern, a volunteer in Department offices or on



HB2589 Enrolled- 32 -LRB100 09280 RLC 19438 b

1Department contracts, a work-study student, an individual or
2entity licensed by the Department, or an unlicensed service
3provider who works as a condition of a contract or an agreement
4and whose work may bring the unlicensed service provider into
5contact with Department clients or client records.
6(Source: P.A. 98-249, eff. 1-1-14; 98-570, eff. 8-27-13;
798-756, eff. 7-16-14; 98-803, eff. 1-1-15; 99-143, eff.
87-27-15; 99-933, eff. 1-27-17.)
9    Section 99. Effective date. This Act takes effect upon
10becoming law.