Full Text of HB5418 102nd General Assembly
HB5418ham001 102ND GENERAL ASSEMBLY | Rep. Thomas Morrison Filed: 3/1/2022
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| 1 | | AMENDMENT TO HOUSE BILL 5418
| 2 | | AMENDMENT NO. ______. Amend House Bill 5418 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Foster Children's Bill of Rights Act is | 5 | | amended by changing Section 5 as follows: | 6 | | (20 ILCS 521/5) | 7 | | Sec. 5. Foster Children's Bill of Rights. It is the policy | 8 | | of this State that every child and
adult in the care of the | 9 | | Department of Children and Family Services who is placed in | 10 | | foster care shall have the following rights: | 11 | | (1) To live in a safe, healthy, and comfortable home | 12 | | where he or
she is treated with respect. | 13 | | (2) To be free from physical, sexual, emotional, or | 14 | | other abuse,
or corporal punishment. | 15 | | (3) To receive adequate and healthy food, adequate | 16 | | clothing, and,
for youth in group homes, residential |
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| 1 | | treatment facilities, and foster homes, an allowance. | 2 | | (4) To receive medical, dental, vision, and mental | 3 | | health
services. | 4 | | (5) To be free of the administration of medication or | 5 | | chemical
substances, unless authorized by a physician. | 6 | | (6) To contact family members, unless prohibited by | 7 | | court order,
and social workers, attorneys, foster youth | 8 | | advocates and supporters,
Court Appointed Special | 9 | | Advocates (CASAs), and probation officers. | 10 | | (7) To visit and contact brothers and sisters, unless | 11 | | prohibited
by court order. | 12 | | (8) To contact the Advocacy Office for Children and | 13 | | Families established under the Children and Family | 14 | | Services Act or the Department of Children and Family | 15 | | Services' Office of the Inspector General regarding | 16 | | violations of rights, to speak to representatives of these
| 17 | | offices confidentially, and to be free from threats or | 18 | | punishment for
making complaints. | 19 | | (9) To make and receive confidential telephone calls | 20 | | and send and
receive unopened mail, unless prohibited by | 21 | | court order.
| 22 | | (10) To attend religious services and activities of | 23 | | his or her
choice.
| 24 | | (11) To maintain an emancipation bank account and | 25 | | manage personal
income, consistent with the child's age | 26 | | and developmental level,
unless prohibited by the case |
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| 1 | | plan. | 2 | | (12) To not be locked in a room, building, or facility | 3 | | premises,
unless placed in a secure child care facility | 4 | | licensed by the Department of Children and Family Services | 5 | | under the Child Care Act of 1969 and placed pursuant to | 6 | | Section 2-27.1 of the Juvenile Court Act of 1987. | 7 | | (13) To attend school and participate in | 8 | | extracurricular,
cultural, and personal enrichment | 9 | | activities, consistent with the
child's age and | 10 | | developmental level, with minimal disruptions to
school | 11 | | attendance and educational stability. | 12 | | (14) To work and develop job skills at an | 13 | | age-appropriate level,
consistent with State law. | 14 | | (15) To have social contacts with people outside of | 15 | | the foster
care system, including teachers, church | 16 | | members, mentors, and
friends. | 17 | | (16) If he or she meets age requirements, to attend | 18 | | services and programs operated by the Department of | 19 | | Children and Family Services or any other appropriate | 20 | | State agency that aim to help current and former foster | 21 | | youth achieve self-sufficiency prior to and after leaving | 22 | | foster care. | 23 | | (17) To attend court hearings and speak to the judge. | 24 | | (18) To have storage space for private use. | 25 | | (19) To be involved in the development of his or her | 26 | | own case plan
and plan for permanent placement. |
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| 1 | | (20) To review his or her own case plan and plan for | 2 | | permanent
placement, if he or she is 12 years of age or | 3 | | older and in a
permanent placement, and to receive | 4 | | information about his or her
out-of-home placement and | 5 | | case plan, including being told of changes
to the case | 6 | | plan. | 7 | | (21) To be free from unreasonable searches of personal | 8 | | belongings. | 9 | | (22) To the confidentiality of all juvenile court | 10 | | records
consistent with existing law. | 11 | | (23) To have fair and equal access to all available | 12 | | services,
placement, care, treatment, and benefits, and to | 13 | | not be subjected to
discrimination or harassment on the | 14 | | basis of actual or perceived
race, ethnic group | 15 | | identification, ancestry, national origin, color,
| 16 | | religion, sex, sexual orientation, gender identity, mental | 17 | | or
physical disability, or HIV status. | 18 | | (24) To have caregivers and child welfare personnel | 19 | | who have received sensitivity training and instruction on | 20 | | matters concerning race, ethnicity, national origin, | 21 | | color, ancestry, religion, mental and physical disability, | 22 | | and HIV status. | 23 | | (25) To have caregivers and child welfare personnel | 24 | | who have
received instruction on cultural competency and | 25 | | sensitivity relating
to, and best practices for, providing | 26 | | adequate care to lesbian, gay,
bisexual, and transgender |
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| 1 | | youth in out-of-home care. | 2 | | (26) At 16 years of age or older, to have access to | 3 | | existing
information regarding the educational options | 4 | | available, including,
but not limited to, the coursework | 5 | | necessary for vocational and
postsecondary educational | 6 | | programs, and information regarding
financial aid for | 7 | | postsecondary education. | 8 | | (27) To have access to age-appropriate, medically | 9 | | accurate
information about reproductive health care, the | 10 | | prevention of
unplanned pregnancy, and the prevention and | 11 | | treatment of sexually
transmitted infections at 12 years | 12 | | of age or older.
| 13 | | (28) To receive a copy of this Act from and have it | 14 | | fully explained by the Department of Children and Family | 15 | | Services when the child or adult is placed in the care of | 16 | | the Department of Children and Family Services.
| 17 | | (29) To be placed in the least restrictive and most | 18 | | family-like setting available and in close proximity to | 19 | | his or her parent's home consistent with his or her | 20 | | health, safety, best interests, and special needs. | 21 | | (30) To participate in an age and developmentally | 22 | | appropriate intake process immediately after placement in | 23 | | the custody or guardianship of the Department. During the | 24 | | intake process, the Department shall provide the youth | 25 | | with a document describing inappropriate acts of | 26 | | affection, discipline, and punishment by guardians, foster |
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| 1 | | parents, foster siblings, or any other adult responsible | 2 | | for the youth's welfare. The Department shall review and | 3 | | discuss the document with the child. The Department must | 4 | | document completion of the intake process in the child's | 5 | | records as well as giving a copy of the document to the | 6 | | child. | 7 | | (31) To participate in appropriate intervention and | 8 | | counseling services after removal from the home of origin | 9 | | in order to assess whether the youth is exhibiting signs | 10 | | of traumatic stress, special needs, or mental illness. | 11 | | (32) To receive a home visit by an assigned child | 12 | | welfare specialist, per existing Department policies and | 13 | | procedures, on a monthly basis or more frequently as | 14 | | needed. In addition to what existing policies and | 15 | | procedures outline, home visits shall be used to assess | 16 | | the youth's well-being and emotional health following | 17 | | placement, to determine the youth's relationship with the | 18 | | youth's guardian or foster parent or with any other adult | 19 | | responsible for the youth's welfare or living in or | 20 | | frequenting the home environment, and to determine what | 21 | | forms of discipline, if any, the youth's guardian or | 22 | | foster parent or any other person in the home environment | 23 | | uses to correct the youth. | 24 | | (33) To be enrolled in an independent living services | 25 | | program prior to transitioning out of foster care where | 26 | | the youth will receive classes and instruction, |
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| 1 | | appropriate to the youth's age and developmental capacity, | 2 | | on independent living and self-sufficiency in the areas of | 3 | | employment, finances, meals, and housing as well as help | 4 | | in developing life skills and long-term goals. | 5 | | (34) To be assessed by a third-party entity or agency | 6 | | prior to enrollment in any independent living services | 7 | | program in order to determine the youth's readiness for a | 8 | | transition out of foster care based on the youth's | 9 | | individual needs, emotional development, and ability, | 10 | | regardless of age, to make a successful transition to | 11 | | adulthood. | 12 | | (Source: P.A. 99-344, eff. 1-1-16; 100-189, eff. 1-1-18 .)".
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