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


Sen. Mattie Hunter

Filed: 5/18/2017





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2    AMENDMENT NO. ______. Amend House Bill 2589 by replacing
3everything after the enacting clause with the following:
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



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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
19the expenditure of public funds for the purpose of performing
21    (c) The Department shall establish and maintain
22tax-supported child welfare services and extend and seek to
23improve voluntary services throughout the State, to the end
24that services and care shall be available on an equal basis
25throughout the State to children requiring such services.
26    (d) The Director may authorize advance disbursements for



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1any new program initiative to any agency contracting with the
2Department. As a prerequisite for an advance disbursement, the
3contractor must post a surety bond in the amount of the advance
4disbursement and have a purchase of service contract approved
5by the Department. The Department may pay up to 2 months
6operational expenses in advance. The amount of the advance
7disbursement shall be prorated over the life of the contract or
8the remaining months of the fiscal year, whichever is less, and
9the installment amount shall then be deducted from future
10bills. Advance disbursement authorizations for new initiatives
11shall not be made to any agency after that agency has operated
12during 2 consecutive fiscal years. The requirements of this
13Section concerning advance disbursements shall not apply with
14respect to the following: payments to local public agencies for
15child day care services as authorized by Section 5a of this
16Act; and youth service programs receiving grant funds under
17Section 17a-4.
18    (e) (Blank).
19    (f) (Blank).
20    (g) The Department shall establish rules and regulations
21concerning its operation of programs designed to meet the goals
22of child safety and protection, family preservation, family
23reunification, 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
12include provisions for training Department staff and the staff
13of Department grantees, through contracts with other agencies
14or resources, in alcohol and drug abuse screening techniques
15approved by the Department of Human Services, as a successor to
16the Department of Alcoholism and Substance Abuse, for the
17purpose of identifying children and adults who should be
18referred to an alcohol and drug abuse treatment program for
19professional evaluation.
20    (h) If the Department finds that there is no appropriate
21program or facility within or available to the Department for a
22ward and that no licensed private facility has an adequate and
23appropriate program or none agrees to accept the ward, the
24Department shall create an appropriate individualized,
25program-oriented plan for such ward. The plan may be developed
26within the Department or through purchase of services by the



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1Department to the extent that it is within its statutory
2authority to do.
3    (i) Service programs shall be available throughout the
4State and shall include but not be limited to the following
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
13to 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
19services it makes available to children or families or for
20which it refers children or families.
21    (j) The Department may provide categories of financial
22assistance and education assistance grants, and shall
23establish rules and regulations concerning the assistance and
24grants, to persons who adopt children with physical or mental
25disabilities, children who are older, or other hard-to-place
26children who (i) immediately prior to their adoption were legal



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1wards of the Department or (ii) were determined eligible for
2financial assistance with respect to a prior adoption and who
3become available for adoption because the prior adoption has
4been dissolved and the parental rights of the adoptive parents
5have been terminated or because the child's adoptive parents
6have died. The Department may continue to provide financial
7assistance and education assistance grants for a child who was
8determined eligible for financial assistance under this
9subsection (j) in the interim period beginning when the child's
10adoptive parents died and ending with the finalization of the
11new adoption of the child by another adoptive parent or
12parents. The Department may also provide categories of
13financial assistance and education assistance grants, and
14shall establish rules and regulations for the assistance and
15grants, to persons appointed guardian of the person under
16Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
174-25 or 5-740 of the Juvenile Court Act of 1987 for children
18who were wards of the Department for 12 months immediately
19prior to the appointment of the guardian.
20    The amount of assistance may vary, depending upon the needs
21of the child and the adoptive parents, as set forth in the
22annual assistance agreement. Special purpose grants are
23allowed where the child requires special service but such costs
24may not exceed the amounts which similar services would cost
25the Department if it were to provide or secure them as guardian
26of the child.



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



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1subsection (2) of Section 2-28 of that Act has been set.
2Nothing in this paragraph shall be construed to create a
3private right of action or claim on the part of any individual
4or child welfare agency, except that when a child is the
5subject of an action under Article II of the Juvenile Court Act
6of 1987 and the child's service plan calls for services to
7facilitate achievement of the permanency goal, the court
8hearing the action under Article II of the Juvenile Court Act
9of 1987 may order the Department to provide the services set
10out in the plan, if those services are not provided with
11reasonable promptness and if those services are available.
12    The Department shall notify the child and his family of the
13Department's responsibility to offer and provide family
14preservation services as identified in the service plan. The
15child and his family shall be eligible for services as soon as
16the report is determined to be "indicated". The Department may
17offer services to any child or family with respect to whom a
18report of suspected child abuse or neglect has been filed,
19prior to concluding its investigation under Section 7.12 of the
20Abused and Neglected Child Reporting Act. However, the child's
21or family's willingness to accept services shall not be
22considered in the investigation. The Department may also
23provide services to any child or family who is the subject of
24any report of suspected child abuse or neglect or may refer
25such child or family to services available from other agencies
26in the community, even if the report is determined to be



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1unfounded, if the conditions in the child's or family's home
2are reasonably likely to subject the child or family to future
3reports of suspected child abuse or neglect. Acceptance of such
4services shall be voluntary. The Department may also provide
5services to any child or family after completion of a family
6assessment, as an alternative to an investigation, as provided
7under the "differential response program" provided for in
8subsection (a-5) of Section 7.4 of the Abused and Neglected
9Child Reporting Act.
10    The Department may, at its discretion except for those
11children also adjudicated neglected or dependent, accept for
12care and training any child who has been adjudicated addicted,
13as a truant minor in need of supervision or as a minor
14requiring authoritative intervention, under the Juvenile Court
15Act or the Juvenile Court Act of 1987, but no such child shall
16be committed to the Department by any court without the
17approval of the Department. On and after the effective date of
18this amendatory Act of the 98th General Assembly and before
19January 1, 2017, a minor charged with a criminal offense under
20the Criminal Code of 1961 or the Criminal Code of 2012 or
21adjudicated delinquent shall not be placed in the custody of or
22committed to the Department by any court, except (i) a minor
23less than 16 years of age committed to the Department under
24Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
25for whom an independent basis of abuse, neglect, or dependency
26exists, which must be defined by departmental rule, or (iii) a



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1minor for whom the court has granted a supplemental petition to
2reinstate wardship pursuant to subsection (2) of Section 2-33
3of the Juvenile Court Act of 1987. On and after January 1,
42017, a minor charged with a criminal offense under the
5Criminal Code of 1961 or the Criminal Code of 2012 or
6adjudicated delinquent shall not be placed in the custody of or
7committed to the Department by any court, except (i) a minor
8less than 15 years of age committed to the Department under
9Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
10for whom an independent basis of abuse, neglect, or dependency
11exists, which must be defined by departmental rule, or (iii) a
12minor for whom the court has granted a supplemental petition to
13reinstate wardship pursuant to subsection (2) of Section 2-33
14of the Juvenile Court Act of 1987. An independent basis exists
15when the allegations or adjudication of abuse, neglect, or
16dependency do not arise from the same facts, incident, or
17circumstances which give rise to a charge or adjudication of
18delinquency. The Department shall assign a caseworker to attend
19any hearing involving a youth in the care and custody of the
20Department who is placed on aftercare release, including
21hearings involving sanctions for violation of aftercare
22release conditions and aftercare release revocation hearings.
23    As soon as is possible after August 7, 2009 (the effective
24date of Public Act 96-134), the Department shall develop and
25implement a special program of family preservation services to
26support intact, foster, and adoptive families who are



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1experiencing extreme hardships due to the difficulty and stress
2of caring for a child who has been diagnosed with a pervasive
3developmental disorder if the Department determines that those
4services are necessary to ensure the health and safety of the
5child. The Department may offer services to any family whether
6or not a report has been filed under the Abused and Neglected
7Child Reporting Act. The Department may refer the child or
8family to services available from other agencies in the
9community if the conditions in the child's or family's home are
10reasonably likely to subject the child or family to future
11reports of suspected child abuse or neglect. Acceptance of
12these services shall be voluntary. The Department shall develop
13and implement a public information campaign to alert health and
14social service providers and the general public about these
15special family preservation services. The nature and scope of
16the services offered and the number of families served under
17the special program implemented under this paragraph shall be
18determined by the level of funding that the Department annually
19allocates for this purpose. The term "pervasive developmental
20disorder" under this paragraph means a neurological condition,
21including but not limited to, Asperger's Syndrome and autism,
22as defined in the most recent edition of the Diagnostic and
23Statistical Manual of Mental Disorders of the American
24Psychiatric Association.
25    (l-1) The legislature recognizes that the best interests of
26the child require that the child be placed in the most



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1permanent living arrangement as soon as is practically
2possible. To achieve this goal, the legislature directs the
3Department of Children and Family Services to conduct
4concurrent planning so that permanency may occur at the
5earliest opportunity. Permanent living arrangements may
6include prevention of placement of a child outside the home of
7the family when the child can be cared for at home without
8endangering the child's health or safety; reunification with
9the family, when safe and appropriate, if temporary placement
10is necessary; or movement of the child toward the most
11permanent living arrangement and permanent legal status.
12    When determining reasonable efforts to be made with respect
13to a child, as described in this subsection, and in making such
14reasonable efforts, the child's health and safety shall be the
15paramount concern.
16    When a child is placed in foster care, the Department shall
17ensure and document that reasonable efforts were made to
18prevent or eliminate the need to remove the child from the
19child's home. The Department must make reasonable efforts to
20reunify the family when temporary placement of the child occurs
21unless otherwise required, pursuant to the Juvenile Court Act
22of 1987. At any time after the dispositional hearing where the
23Department believes that further reunification services would
24be ineffective, it may request a finding from the court that
25reasonable efforts are no longer appropriate. The Department is
26not required to provide further reunification services after



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1such a finding.
2    A decision to place a child in substitute care shall be
3made with considerations of the child's health, safety, and
4best interests. At the time of placement, consideration should
5also be given so that if reunification fails or is delayed, the
6placement made is the best available placement to provide
7permanency for the child.
8    The Department shall adopt rules addressing concurrent
9planning for reunification and permanency. The Department
10shall consider the following factors when determining
11appropriateness of concurrent planning:
12        (1) the likelihood of prompt reunification;
13        (2) the past history of the family;
14        (3) the barriers to reunification being addressed by
15    the family;
16        (4) the level of cooperation of the family;
17        (5) the foster parents' willingness to work with the
18    family to reunite;
19        (6) the willingness and ability of the foster family to
20    provide an adoptive home or long-term placement;
21        (7) the age of the child;
22        (8) placement of siblings.
23    (m) The Department may assume temporary custody of any
24child if:
25        (1) it has received a written consent to such temporary
26    custody signed by the parents of the child or by the parent



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1    having custody of the child if the parents are not living
2    together or by the guardian or custodian of the child if
3    the child is not in the custody of either parent, or
4        (2) the child is found in the State and neither a
5    parent, guardian nor custodian of the child can be located.
6If the child is found in his or her residence without a parent,
7guardian, custodian or responsible caretaker, the Department
8may, instead of removing the child and assuming temporary
9custody, place an authorized representative of the Department
10in that residence until such time as a parent, guardian or
11custodian enters the home and expresses a willingness and
12apparent ability to ensure the child's health and safety and
13resume permanent charge of the child, or until a relative
14enters the home and is willing and able to ensure the child's
15health and safety and assume charge of the child until a
16parent, guardian or custodian enters the home and expresses
17such willingness and ability to ensure the child's safety and
18resume permanent charge. After a caretaker has remained in the
19home for a period not to exceed 12 hours, the Department must
20follow those procedures outlined in Section 2-9, 3-11, 4-8, or
215-415 of the Juvenile Court Act of 1987.
22    The Department shall have the authority, responsibilities
23and duties that a legal custodian of the child would have
24pursuant to subsection (9) of Section 1-3 of the Juvenile Court
25Act of 1987. Whenever a child is taken into temporary custody
26pursuant to an investigation under the Abused and Neglected



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1Child Reporting Act, or pursuant to a referral and acceptance
2under the Juvenile Court Act of 1987 of a minor in limited
3custody, the Department, during the period of temporary custody
4and before the child is brought before a judicial officer as
5required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile
6Court Act of 1987, shall have the authority, responsibilities
7and duties that a legal custodian of the child would have under
8subsection (9) of Section 1-3 of the Juvenile Court Act of
10    The Department shall ensure that any child taken into
11custody is scheduled for an appointment for a medical
13    A parent, guardian or custodian of a child in the temporary
14custody of the Department who would have custody of the child
15if he were not in the temporary custody of the Department may
16deliver to the Department a signed request that the Department
17surrender the temporary custody of the child. The Department
18may retain temporary custody of the child for 10 days after the
19receipt of the request, during which period the Department may
20cause to be filed a petition pursuant to the Juvenile Court Act
21of 1987. If a petition is so filed, the Department shall retain
22temporary custody of the child until the court orders
23otherwise. If a petition is not filed within the 10 day period,
24the child shall be surrendered to the custody of the requesting
25parent, guardian or custodian not later than the expiration of
26the 10 day period, at which time the authority and duties of



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



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1payments shall be made by the Department for any child placed
2in a licensed child care facility for board, clothing, care,
3training and supervision of such a child that exceed the
4average per capita cost of maintaining and of caring for a
5child in institutions for dependent or neglected children
6operated by the Department. However, such restriction on
7payments does not apply in cases where children require
8specialized care and treatment for problems of severe emotional
9disturbance, physical disability, social adjustment, or any
10combination thereof and suitable facilities for the placement
11of such children are not available at payment rates within the
12limitations set forth in this Section. All reimbursements for
13services delivered shall be absolutely inalienable by
14assignment, sale, attachment, garnishment or otherwise.
15    (n-1) The Department shall provide or authorize child
16welfare services, aimed at assisting minors to achieve
17sustainable self-sufficiency as independent adults, for any
18minor eligible for the reinstatement of wardship pursuant to
19subsection (2) of Section 2-33 of the Juvenile Court Act of
201987, whether or not such reinstatement is sought or allowed,
21provided that the minor consents to such services and has not
22yet attained the age of 21. The Department shall have
23responsibility for the development and delivery of services
24under this Section. An eligible youth may access services under
25this Section through the Department of Children and Family
26Services or by referral from the Department of Human Services.



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1Youth participating in services under this Section shall
2cooperate with the assigned case manager in developing an
3agreement identifying the services to be provided and how the
4youth will increase skills to achieve self-sufficiency. A
5homeless shelter is not considered appropriate housing for any
6youth receiving child welfare services under this Section. The
7Department shall continue child welfare services under this
8Section to any eligible minor until the minor becomes 21 years
9of age, no longer consents to participate, or achieves
10self-sufficiency as identified in the minor's service plan. The
11Department of Children and Family Services shall create clear,
12readable notice of the rights of former foster youth to child
13welfare services under this Section and how such services may
14be obtained. The Department of Children and Family Services and
15the Department of Human Services shall disseminate this
16information statewide. The Department shall adopt regulations
17describing services intended to assist minors in achieving
18sustainable self-sufficiency as independent adults.
19    (o) The Department shall establish an administrative
20review and appeal process for children and families who request
21or receive child welfare services from the Department. Children
22who are wards of the Department and are placed by private child
23welfare agencies, and foster families with whom those children
24are placed, shall be afforded the same procedural and appeal
25rights as children and families in the case of placement by the
26Department, including the right to an initial review of a



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1private agency decision by that agency. The Department shall
2insure that any private child welfare agency, which accepts
3wards of the Department for placement, affords those rights to
4children and foster families. The Department shall accept for
5administrative review and an appeal hearing a complaint made by
6(i) a child or foster family concerning a decision following an
7initial review by a private child welfare agency or (ii) a
8prospective adoptive parent who alleges a violation of
9subsection (j-5) of this Section. An appeal of a decision
10concerning a change in the placement of a child shall be
11conducted in an expedited manner. A court determination that a
12current foster home placement is necessary and appropriate
13under Section 2-28 of the Juvenile Court Act of 1987 does not
14constitute a judicial determination on the merits of an
15administrative appeal, filed by a former foster parent,
16involving a change of placement decision.
17    (p) (Blank).
18    (q) The Department may receive and use, in their entirety,
19for the benefit of children any gift, donation or bequest of
20money or other property which is received on behalf of such
21children, or any financial benefits to which such children are
22or may become entitled while under the jurisdiction or care of
23the Department.
24    The Department shall set up and administer no-cost,
25interest-bearing accounts in appropriate financial
26institutions for children for whom the Department is legally



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1responsible and who have been determined eligible for Veterans'
2Benefits, Social Security benefits, assistance allotments from
3the armed forces, court ordered payments, parental voluntary
4payments, Supplemental Security Income, Railroad Retirement
5payments, Black Lung benefits, or other miscellaneous
6payments. Interest earned by each account shall be credited to
7the account, unless disbursed in accordance with this
9    In disbursing funds from children's accounts, the
10Department 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
8encouraging all adoption agencies to voluntarily forward to the
9Department or its agent names and addresses of all persons who
10have applied for and have been approved for adoption of a
11hard-to-place child or child with a disability and the names of
12such children who have not been placed for adoption. A list of
13such names and addresses shall be maintained by the Department
14or its agent, and coded lists which maintain the
15confidentiality of the person seeking to adopt the child and of
16the child shall be made available, without charge, to every
17adoption agency in the State to assist the agencies in placing
18such children for adoption. The Department may delegate to an
19agent its duty to maintain and make available such lists. The
20Department shall ensure that such agent maintains the
21confidentiality of the person seeking to adopt the child and of
22the child.
23    (s) The Department of Children and Family Services may
24establish and implement a program to reimburse Department and
25private child welfare agency foster parents licensed by the
26Department of Children and Family Services for damages



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



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



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



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1the Department. Relative caregivers who, as of July 1, 1995,
2were approved pursuant to approved relative placement rules
3previously promulgated by the Department at 89 Ill. Adm. Code
4335 and had submitted an application for licensure as a foster
5family home may continue to receive foster care payments only
6until the Department determines that they may be licensed as a
7foster family home or that their application for licensure is
8denied or until September 30, 1995, whichever occurs first.
9    (v) The Department shall access criminal history record
10information as defined in the Illinois Uniform Conviction
11Information Act and information maintained in the adjudicatory
12and dispositional record system as defined in Section 2605-355
13of the Department of State Police Law (20 ILCS 2605/2605-355)
14if the Department determines the information is necessary to
15perform its duties under the Abused and Neglected Child
16Reporting Act, the Child Care Act of 1969, and the Children and
17Family Services Act. The Department shall provide for
18interactive computerized communication and processing
19equipment that permits direct on-line communication with the
20Department of State Police's central criminal history data
21repository. The Department shall comply with all certification
22requirements and provide certified operators who have been
23trained by personnel from the Department of State Police. In
24addition, one Office of the Inspector General investigator
25shall have training in the use of the criminal history
26information access system and have access to the terminal. The



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



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1to the Governor and the General Assembly, a written plan for
2the development of in-state licensed secure child care
3facilities that care for children who are in need of secure
4living arrangements for their health, safety, and well-being.
5For purposes of this subsection, secure care facility shall
6mean a facility that is designed and operated to ensure that
7all entrances and exits from the facility, a building or a
8distinct part of the building, are under the exclusive control
9of the staff of the facility, whether or not the child has the
10freedom of movement within the perimeter of the facility,
11building, or distinct part of the building. The plan shall
12include descriptions of the types of facilities that are needed
13in Illinois; the cost of developing these secure care
14facilities; the estimated number of placements; the potential
15cost savings resulting from the movement of children currently
16out-of-state who are projected to be returned to Illinois; the
17necessary geographic distribution of these facilities in
18Illinois; and a proposed timetable for development of such
20    (x) The Department shall conduct annual credit history
21checks to determine the financial history of children placed
22under its guardianship pursuant to the Juvenile Court Act of
231987. The Department shall conduct such credit checks starting
24when a ward turns 12 years old and each year thereafter for the
25duration of the guardianship as terminated pursuant to the
26Juvenile Court Act of 1987. The Department shall determine if



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1financial exploitation of the child's personal information has
2occurred. If financial exploitation appears to have taken place
3or is presently ongoing, the Department shall notify the proper
4law enforcement agency, the proper State's Attorney, or the
5Attorney General.
6    (y) Beginning on the effective date of this amendatory Act
7of the 96th General Assembly, a child with a disability who
8receives residential and educational services from the
9Department shall be eligible to receive transition services in
10accordance with Article 14 of the School Code from the age of
1114.5 through age 21, inclusive, notwithstanding the child's
12residential services arrangement. For purposes of this
13subsection, "child with a disability" means a child with a
14disability as defined by the federal Individuals with
15Disabilities Education Improvement Act of 2004.
16    (z) The Department shall access criminal history record
17information as defined as "background information" in this
18subsection and criminal history record information as defined
19in the Illinois Uniform Conviction Information Act for each
20Department employee or Department applicant. Each Department
21employee or Department applicant shall submit his or her
22fingerprints to the Department of State Police in the form and
23manner prescribed by the Department of State Police. These
24fingerprints shall be checked against the fingerprint records
25now and hereafter filed in the Department of State Police and
26the Federal Bureau of Investigation criminal history records



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



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1    "Department employee" means a full-time or temporary
2employee coded or certified within the State of Illinois
3Personnel System.
4    "Department applicant" means an individual who has
5conditional Department full-time or part-time work, a
6contractor, an individual used to replace or supplement staff,
7an academic intern, a volunteer in Department offices or on
8Department contracts, a work-study student, an individual or
9entity licensed by the Department, or an unlicensed service
10provider who works as a condition of a contract or an agreement
11and whose work may bring the unlicensed service provider into
12contact with Department clients or client records.
13(Source: P.A. 98-249, eff. 1-1-14; 98-570, eff. 8-27-13;
1498-756, eff. 7-16-14; 98-803, eff. 1-1-15; 99-143, eff.
157-27-15; 99-933, eff. 1-27-17.)
16    Section 99. Effective date. This Act takes effect upon
17becoming law.".