Illinois General Assembly - Full Text of SB1746
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Full Text of SB1746  100th General Assembly


Sen. Chapin Rose

Filed: 3/10/2017





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2    AMENDMENT NO. ______. Amend Senate Bill 1746 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Children and Family Services Act is amended
5by changing Section 7 as follows:
6    (20 ILCS 505/7)  (from Ch. 23, par. 5007)
7    Sec. 7. Placement of children; considerations.
8    (a) In placing any child under this Act, the Department
9shall place the child, as far as possible, in the care and
10custody of some individual holding the same religious belief as
11the parents of the child, or with some child care facility
12which is operated by persons of like religious faith as the
13parents of such child.
14    (a-5) In placing a child under this Act, the Department
15shall place the child with the child's sibling or siblings
16under Section 7.4 of this Act unless the placement is not in



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1each child's best interest, or is otherwise not possible under
2the Department's rules. If the child is not placed with a
3sibling under the Department's rules, the Department shall
4consider placements that are likely to develop, preserve,
5nurture, and support sibling relationships, where doing so is
6in each child's best interest.
7    (b) In placing a child under this Act, the Department may
8place a child with a relative if the Department determines that
9the relative will be able to adequately provide for the child's
10safety and welfare based on the factors set forth in the
11Department's rules governing relative placements, and that the
12placement is consistent with the child's best interests, taking
13into consideration the factors set out in subsection (4.05) of
14Section 1-3 of the Juvenile Court Act of 1987.
15    When the Department first assumes custody of a child, in
16placing that child under this Act, the Department shall make
17reasonable efforts to identify, locate, and provide notice to
18all adult grandparents and other adult relatives of the child
19who are ready, willing, and able to care for the child. At a
20minimum, these efforts shall be renewed each time the child
21requires a placement change and it is appropriate for the child
22to be cared for in a home environment. The Department must
23document its efforts to identify, locate, and provide notice to
24such potential relative placements and maintain the
25documentation in the child's case file.
26    If the Department determines that a placement with any



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1identified relative is not in the child's best interests or
2that the relative does not meet the requirements to be a
3relative caregiver, as set forth in Department rules or by
4statute, the Department must document the basis for that
5decision and maintain the documentation in the child's case
7    If, pursuant to the Department's rules, any person files an
8administrative appeal of the Department's decision not to place
9a child with a relative, it is the Department's burden to prove
10that the decision is consistent with the child's best
12    When the Department determines that the child requires
13placement in an environment, other than a home environment, the
14Department shall continue to make reasonable efforts to
15identify and locate relatives to serve as visitation resources
16for the child and potential future placement resources, except
17when the Department determines that those efforts would be
18futile or inconsistent with the child's best interests.
19    If the Department determines that efforts to identify and
20locate relatives would be futile or inconsistent with the
21child's best interests, the Department shall document the basis
22of its determination and maintain the documentation in the
23child's case file.
24    If the Department determines that an individual or a group
25of relatives are inappropriate to serve as visitation resources
26or possible placement resources, the Department shall document



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1the basis of its determination and maintain the documentation
2in the child's case file.
3    When the Department determines that an individual or a
4group of relatives are appropriate to serve as visitation
5resources or possible future placement resources, the
6Department shall document the basis of its determination,
7maintain the documentation in the child's case file, create a
8visitation or transition plan, or both, and incorporate the
9visitation or transition plan, or both, into the child's case
10plan. For the purpose of this subsection, any determination as
11to the child's best interests shall include consideration of
12the factors set out in subsection (4.05) of Section 1-3 of the
13Juvenile Court Act of 1987.
14    The Department may not place a child with a relative, with
15the exception of certain circumstances which may be waived as
16defined by the Department in rules, if the results of a check
17of the Law Enforcement Agencies Data System (LEADS) identifies
18a prior criminal conviction of the relative or any adult member
19of the relative's household for any of the following offenses
20under the Criminal Code of 1961 or the Criminal Code of 2012:
21        (1) murder;
22        (1.1) solicitation of murder;
23        (1.2) solicitation of murder for hire;
24        (1.3) intentional homicide of an unborn child;
25        (1.4) voluntary manslaughter of an unborn child;
26        (1.5) involuntary manslaughter;



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1        (1.6) reckless homicide;
2        (1.7) concealment of a homicidal death;
3        (1.8) involuntary manslaughter of an unborn child;
4        (1.9) reckless homicide of an unborn child;
5        (1.10) drug-induced homicide;
6        (2) a sex offense under Article 11, except offenses
7    described in Sections 11-7, 11-8, 11-12, 11-13, 11-35,
8    11-40, and 11-45;
9        (3) kidnapping;
10        (3.1) aggravated unlawful restraint;
11        (3.2) forcible detention;
12        (3.3) aiding and abetting child abduction;
13        (4) aggravated kidnapping;
14        (5) child abduction;
15        (6) aggravated battery of a child as described in
16    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
17        (7) criminal sexual assault;
18        (8) aggravated criminal sexual assault;
19        (8.1) predatory criminal sexual assault of a child;
20        (9) criminal sexual abuse;
21        (10) aggravated sexual abuse;
22        (11) heinous battery as described in Section 12-4.1 or
23    subdivision (a)(2) of Section 12-3.05;
24        (12) aggravated battery with a firearm as described in
25    Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
26    (e)(4) of Section 12-3.05;



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1        (13) tampering with food, drugs, or cosmetics;
2        (14) drug-induced infliction of great bodily harm as
3    described in Section 12-4.7 or subdivision (g)(1) of
4    Section 12-3.05;
5        (15) aggravated stalking;
6        (16) home invasion;
7        (17) vehicular invasion;
8        (18) criminal transmission of HIV;
9        (19) criminal abuse or neglect of an elderly person or
10    person with a disability as described in Section 12-21 or
11    subsection (b) of Section 12-4.4a;
12        (20) child abandonment;
13        (21) endangering the life or health of a child;
14        (22) ritual mutilation;
15        (23) ritualized abuse of a child;
16        (24) an offense in any other state the elements of
17    which are similar and bear a substantial relationship to
18    any of the foregoing offenses.
19    For the purpose of this subsection, "relative" shall
20include any person, 21 years of age or over, other than the
21parent, who (i) is currently related to the child in any of the
22following ways by blood or adoption: grandparent, sibling,
23great-grandparent, uncle, aunt, nephew, niece, first cousin,
24second cousin, godparent, great-uncle, or great-aunt; or (ii)
25is the spouse of such a relative; or (iii) is the child's
26step-father, step-mother, or adult step-brother or



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1step-sister; or (iv) is a fictive kin; "relative" also includes
2a person related in any of the foregoing ways to a sibling of a
3child, even though the person is not related to the child, when
4the child and its sibling are placed together with that person.
5For children who have been in the guardianship of the
6Department, have been adopted, and are subsequently returned to
7the temporary custody or guardianship of the Department, a
8"relative" may also include any person who would have qualified
9as a relative under this paragraph prior to the adoption, but
10only if the Department determines, and documents, that it would
11be in the child's best interests to consider this person a
12relative, based upon the factors for determining best interests
13set forth in subsection (4.05) of Section 1-3 of the Juvenile
14Court Act of 1987. A relative with whom a child is placed
15pursuant to this subsection may, but is not required to, apply
16for licensure as a foster family home pursuant to the Child
17Care Act of 1969; provided, however, that as of July 1, 1995,
18foster care payments shall be made only to licensed foster
19family homes pursuant to the terms of Section 5 of this Act.
20    Notwithstanding any other provision under this subsection
21to the contrary, a fictive kin with whom a child is placed
22pursuant to this subsection shall apply for licensure as a
23foster family home pursuant to the Child Care Act of 1969
24within 6 months of the child's placement with the fictive kin.
25The Department shall not remove a child from the home of a
26fictive kin on the basis that the fictive kin fails to apply



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1for licensure within 6 months of the child's placement with the
2fictive kin, or fails to meet the standard for licensure. All
3other requirements established under the rules and procedures
4of the Department concerning the placement of a child, for whom
5the Department is legally responsible, with a relative shall
6apply. By June 1, 2015, the Department shall promulgate rules
7establishing criteria and standards for placement,
8identification, and licensure of fictive kin.
9    For purposes of this subsection, "fictive kin" means any
10individual, unrelated by birth or marriage, who:
11        (i) is shown to have significant and close personal or
12    emotional ties with the child or the child's family prior
13    to the child's placement with the individual; or
14        (ii) is the current foster parent of a child in the
15    custody or guardianship of the Department pursuant to this
16    Act and the Juvenile Court Act of 1987, if the child has
17    been placed in the home for at least one year and has
18    established a significant and family-like relationship
19    with the foster parent, and the foster parent has been
20    identified by the Department as the child's permanent
21    connection, as defined by Department rule.
22    The provisions added to this subsection (b) by Public Act
2398-846 shall become operative on and after June 1, 2015.
24    (c) In placing a child under this Act, the Department shall
25ensure that the child's health, safety, and best interests are
26met. In rejecting placement of a child with an identified



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



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1of Section 5, so that permanency may occur at the earliest
2opportunity. Consideration should be given so that if
3reunification fails or is delayed, the placement made is the
4best available placement to provide permanency for the child.
5To the extent that doing so is in the child's best interests as
6set forth in subsection (4.05) of Section 1-3 of the Juvenile
7Court Act of 1987, the Department should consider placements
8that will permit the child to maintain a meaningful
9relationship with his or her parents.
10    (d) The Department may accept gifts, grants, offers of
11services, and other contributions to use in making special
12recruitment efforts.
13    (e) The Department in placing children in adoptive or
14foster care homes may not, in any policy or practice relating
15to the placement of children for adoption or foster care,
16discriminate against any child or prospective adoptive or
17foster parent on the basis of race.
18(Source: P.A. 98-846, eff. 1-1-15; 99-143, eff. 7-27-15;
1999-340, eff. 1-1-16; 99-642, eff. 7-28-16; 99-836, eff.
21    Section 99. Effective date. This Act takes effect upon
22becoming law.".