HB0692eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB0692 EngrossedLRB102 10773 SPS 16103 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Child Care Act of 1969 is amended by
5changing Section 2.17 and by adding Section 3.6 as follows:
 
6    (225 ILCS 10/2.17)  (from Ch. 23, par. 2212.17)
7    Sec. 2.17. "Foster family home" means a facility for child
8care in residences of families who receive no more than 6
9children unrelated to them, unless all the children are of
10common parentage, or residences of relatives who receive no
11more than 6 related children placed by the Department, unless
12the children are of common parentage, for the purpose of
13providing family care and training for the children on a
14full-time basis, except the Director of Children and Family
15Services, pursuant to Department regulations, may waive the
16numerical limitation of foster children who may be cared for
17in a foster family home for any of the following reasons to
18allow: (1) a parenting youth in foster care to remain with the
19child of the parenting youth; (2) siblings to remain together;
20(3) a child with an established meaningful relationship with
21the family to remain with the family; or (4) a family with
22special training or skills to provide care to a child who has a
23severe disability. The family's or relative's own children,

 

 

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1under 18 years of age, shall be included in determining the
2maximum number of children served. For purposes of this
3Section, a "relative" includes any person, 21 years of age or
4over, other than the parent, who (i) is currently related to
5the child in any of the following ways by blood or adoption:
6grandparent, sibling, great-grandparent, uncle, aunt, nephew,
7niece, first cousin, great-uncle, or great-aunt; or (ii) is
8the spouse of such a relative; or (iii) is a child's
9step-father, step-mother, or adult step-brother or
10step-sister; or (iv) is a fictive kin; "relative" also
11includes a person related in any of the foregoing ways to a
12sibling of a child, even though the person is not related to
13the child, when the child and its sibling are placed together
14with that person. For purposes of placement of children
15pursuant to Section 7 of the Children and Family Services Act
16and for purposes of licensing requirements set forth in
17Section 4 of this Act, for children under the custody or
18guardianship of the Department pursuant to the Juvenile Court
19Act of 1987, after a parent signs a consent, surrender, or
20waiver or after a parent's rights are otherwise terminated,
21and while the child remains in the custody or guardianship of
22the Department, the child is considered to be related to those
23to whom the child was related under this Section prior to the
24signing of the consent, surrender, or waiver or the order of
25termination of parental rights. The term "foster family home"
26includes homes receiving children from any State-operated

 

 

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1institution for child care; or from any agency established by
2a municipality or other political subdivision of the State of
3Illinois authorized to provide care for children outside their
4own homes. The term "foster family home" does not include an
5"adoption-only home" as defined in Section 2.23 of this Act.
6The types of foster family homes are defined as follows:
7        (a) "Boarding home" means a foster family home which
8    receives payment for regular full-time care of a child or
9    children.
10        (b) "Free home" means a foster family home other than
11    an adoptive home which does not receive payments for the
12    care of a child or children.
13        (c) "Adoptive home" means a foster family home which
14    receives a child or children for the purpose of adopting
15    the child or children, but does not include an
16    adoption-only home.
17        (d) "Work-wage home" means a foster family home which
18    receives a child or children who pay part or all of their
19    board by rendering some services to the family not
20    prohibited by the Child Labor Law or by standards or
21    regulations of the Department prescribed under this Act.
22    The child or children may receive a wage in connection
23    with the services rendered the foster family.
24        (e) "Agency-supervised home" means a foster family
25    home under the direct and regular supervision of a
26    licensed child welfare agency, of the Department of

 

 

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1    Children and Family Services, of a circuit court, or of
2    any other State agency which has authority to place
3    children in child care facilities, and which receives no
4    more than 8 children, unless of common parentage, who are
5    placed and are regularly supervised by one of the
6    specified agencies.
7        (f) "Independent home" means a foster family home,
8    other than an adoptive home, which receives no more than 4
9    children, unless of common parentage, directly from
10    parents, or other legally responsible persons, by
11    independent arrangement and which is not subject to direct
12    and regular supervision of a specified agency except as
13    such supervision pertains to licensing by the Department.
14        (g) "Host home" means an emergency foster family home
15    under the direction and regular supervision of a licensed
16    child welfare agency, contracted to provide short-term
17    crisis intervention services to youth served under the
18    Comprehensive Community-Based Youth Services program,
19    under the direction of the Department of Human Services.
20    The youth shall not be under the custody or guardianship
21    of the Department pursuant to the Juvenile Court Act of
22    1987.
23(Source: P.A. 101-63, eff. 7-12-19.)
 
24    (225 ILCS 10/3.6 new)
25    Sec. 3.6. Licenses for host homes. The Department shall

 

 

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1develop an appropriate licensing and monitoring system that
2recognizes the unique population and programming for youth
3served by the Comprehensive Community-Based Youth Services
4program. The Department shall maintain licensing staff who are
5knowledgeable of Comprehensive Community-Based Youth Services
6program standards, as set forth by the Department of Human
7Services. The Department of Human Services shall be solely
8responsible for the development and implementation of a
9training curriculum for host homes that recognizes the unique
10population and programming of youth served in Comprehensive
11Community-Based Youth Services. Host homes licensed by the
12Department shall not be utilized for a child who is a youth in
13care as defined in Section 4d of the Children and Family
14Services Act.
 
15    Section 99. Effective date. This Act takes effect July 1,
162022.