Illinois General Assembly - Full Text of SB3470
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Full Text of SB3470  102nd General Assembly

SB3470ham001 102ND GENERAL ASSEMBLY

Rep. Lakesia Collins

Filed: 3/10/2022

 

 


 

 


 
10200SB3470ham001LRB102 23324 KTG 37495 a

1
AMENDMENT TO SENATE BILL 3470

2    AMENDMENT NO. ______. Amend Senate Bill 3470 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Children and Family Services Act is
5amended by changing Sections 5 and 35.10 and by adding Section
65.46 as follows:
 
7    (20 ILCS 505/5)  (from Ch. 23, par. 5005)
8    Sec. 5. Direct child welfare services; Department of
9Children and Family Services. To provide direct child welfare
10services when not available through other public or private
11child care or program facilities.
12    (a) For purposes of this Section:
13        (1) "Children" means persons found within the State
14    who are under the age of 18 years. The term also includes
15    persons under age 21 who:
16            (A) were committed to the Department pursuant to

 

 

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1        the Juvenile Court Act or the Juvenile Court Act of
2        1987 and who continue under the jurisdiction of the
3        court; or
4            (B) were accepted for care, service and training
5        by the Department prior to the age of 18 and whose best
6        interest in the discretion of the Department would be
7        served by continuing that care, service and training
8        because of severe emotional disturbances, physical
9        disability, social adjustment or any combination
10        thereof, or because of the need to complete an
11        educational or vocational training program.
12        (2) "Homeless youth" means persons found within the
13    State who are under the age of 19, are not in a safe and
14    stable living situation and cannot be reunited with their
15    families.
16        (3) "Child welfare services" means public social
17    services which are directed toward the accomplishment of
18    the following purposes:
19            (A) protecting and promoting the health, safety
20        and welfare of children, including homeless,
21        dependent, or neglected children;
22            (B) remedying, or assisting in the solution of
23        problems which may result in, the neglect, abuse,
24        exploitation, or delinquency of children;
25            (C) preventing the unnecessary separation of
26        children from their families by identifying family

 

 

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1        problems, assisting families in resolving their
2        problems, and preventing the breakup of the family
3        where the prevention of child removal is desirable and
4        possible when the child can be cared for at home
5        without endangering the child's health and safety;
6            (D) restoring to their families children who have
7        been removed, by the provision of services to the
8        child and the families when the child can be cared for
9        at home without endangering the child's health and
10        safety;
11            (E) placing children in suitable adoptive homes,
12        in cases where restoration to the biological family is
13        not safe, possible, or appropriate;
14            (F) assuring safe and adequate care of children
15        away from their homes, in cases where the child cannot
16        be returned home or cannot be placed for adoption. At
17        the time of placement, the Department shall consider
18        concurrent planning, as described in subsection (l-1)
19        of this Section so that permanency may occur at the
20        earliest opportunity. Consideration should be given so
21        that if reunification fails or is delayed, the
22        placement made is the best available placement to
23        provide permanency for the child;
24            (G) (blank);
25            (H) (blank); and
26            (I) placing and maintaining children in facilities

 

 

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1        that provide separate living quarters for children
2        under the age of 18 and for children 18 years of age
3        and older, unless a child 18 years of age is in the
4        last year of high school education or vocational
5        training, in an approved individual or group treatment
6        program, in a licensed shelter facility, or secure
7        child care facility. The Department is not required to
8        place or maintain children:
9                (i) who are in a foster home, or
10                (ii) who are persons with a developmental
11            disability, as defined in the Mental Health and
12            Developmental Disabilities Code, or
13                (iii) who are female children who are
14            pregnant, pregnant and parenting, or parenting, or
15                (iv) who are siblings, in facilities that
16            provide separate living quarters for children 18
17            years of age and older and for children under 18
18            years of age.
19    (b) (Blank).
20    (c) The Department shall establish and maintain
21tax-supported child welfare services and extend and seek to
22improve voluntary services throughout the State, to the end
23that services and care shall be available on an equal basis
24throughout the State to children requiring such services.
25    (d) The Director may authorize advance disbursements for
26any new program initiative to any agency contracting with the

 

 

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

 

 

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1individualized, program-oriented plan for such youth in care.
2The plan may be developed within the Department or through
3purchase of services by the Department to the extent that it is
4within its statutory authority to do.
5    (i) Service programs shall be available throughout the
6State and shall include but not be limited to the following
7services:
8        (1) case management;
9        (2) homemakers;
10        (3) counseling;
11        (4) parent education;
12        (5) day care; and
13        (6) emergency assistance and advocacy.
14    In addition, the following services may be made available
15to assess and meet the needs of children and families:
16        (1) comprehensive family-based services;
17        (2) assessments;
18        (3) respite care; and
19        (4) in-home health services.
20    The Department shall provide transportation for any of the
21services it makes available to children or families or for
22which it refers children or families.
23    (j) The Department may provide categories of financial
24assistance and education assistance grants, and shall
25establish rules and regulations concerning the assistance and
26grants, to persons who adopt children with physical or mental

 

 

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1disabilities, children who are older, or other hard-to-place
2children who (i) immediately prior to their adoption were
3youth in care or (ii) were determined eligible for financial
4assistance with respect to a prior adoption and who become
5available for adoption because the prior adoption has been
6dissolved and the parental rights of the adoptive parents have
7been terminated or because the child's adoptive parents have
8died. The Department may continue to provide financial
9assistance and education assistance grants for a child who was
10determined eligible for financial assistance under this
11subsection (j) in the interim period beginning when the
12child's adoptive parents died and ending with the finalization
13of the new adoption of the child by another adoptive parent or
14parents. The Department may also provide categories of
15financial assistance and education assistance grants, and
16shall establish rules and regulations for the assistance and
17grants, to persons appointed guardian of the person under
18Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
194-25, or 5-740 of the Juvenile Court Act of 1987 for children
20who were youth in care for 12 months immediately prior to the
21appointment of the guardian.
22    The amount of assistance may vary, depending upon the
23needs of the child and the adoptive parents, as set forth in
24the annual assistance agreement. Special purpose grants are
25allowed where the child requires special service but such
26costs may not exceed the amounts which similar services would

 

 

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

 

 

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11987, family preservation services shall not be offered if a
2goal other than those of subdivisions (A), (B), or (B-1) of
3subsection (2) of Section 2-28 of that Act has been set, except
4that reunification services may be offered as provided in
5paragraph (F) of subsection (2) of Section 2-28 of that Act.
6Nothing in this paragraph shall be construed to create a
7private right of action or claim on the part of any individual
8or child welfare agency, except that when a child is the
9subject of an action under Article II of the Juvenile Court Act
10of 1987 and the child's service plan calls for services to
11facilitate achievement of the permanency goal, the court
12hearing the action under Article II of the Juvenile Court Act
13of 1987 may order the Department to provide the services set
14out in the plan, if those services are not provided with
15reasonable promptness and if those services are available.
16    The Department shall notify the child and his family of
17the Department's responsibility to offer and provide family
18preservation services as identified in the service plan. The
19child and his family shall be eligible for services as soon as
20the report is determined to be "indicated". The Department may
21offer services to any child or family with respect to whom a
22report of suspected child abuse or neglect has been filed,
23prior to concluding its investigation under Section 7.12 of
24the Abused and Neglected Child Reporting Act. However, the
25child's or family's willingness to accept services shall not
26be considered in the investigation. The Department may also

 

 

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1provide services to any child or family who is the subject of
2any report of suspected child abuse or neglect or may refer
3such child or family to services available from other agencies
4in the community, even if the report is determined to be
5unfounded, if the conditions in the child's or family's home
6are reasonably likely to subject the child or family to future
7reports of suspected child abuse or neglect. Acceptance of
8such services shall be voluntary. The Department may also
9provide services to any child or family after completion of a
10family assessment, as an alternative to an investigation, as
11provided under the "differential response program" provided
12for in subsection (a-5) of Section 7.4 of the Abused and
13Neglected Child Reporting Act.
14    The Department may, at its discretion except for those
15children also adjudicated neglected or dependent, accept for
16care and training any child who has been adjudicated addicted,
17as a truant minor in need of supervision or as a minor
18requiring authoritative intervention, under the Juvenile Court
19Act or the Juvenile Court Act of 1987, but no such child shall
20be committed to the Department by any court without the
21approval of the Department. On and after January 1, 2015 (the
22effective date of Public Act 98-803) and before 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
26or committed to the Department by any court, except (i) a minor

 

 

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1less than 16 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
6to reinstate wardship pursuant to subsection (2) of Section
72-33 of the Juvenile Court Act of 1987. On and after January 1,
82017, a minor charged with a criminal offense under the
9Criminal Code of 1961 or the Criminal Code of 2012 or
10adjudicated delinquent shall not be placed in the custody of
11or committed to the Department by any court, except (i) a minor
12less than 15 years of age committed to the Department under
13Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
14for whom an independent basis of abuse, neglect, or dependency
15exists, which must be defined by departmental rule, or (iii) a
16minor for whom the court has granted a supplemental petition
17to reinstate wardship pursuant to subsection (2) of Section
182-33 of the Juvenile Court Act of 1987. An independent basis
19exists when the allegations or adjudication of abuse, neglect,
20or dependency do not arise from the same facts, incident, or
21circumstances which give rise to a charge or adjudication of
22delinquency. The Department shall assign a caseworker to
23attend any hearing involving a youth in the care and custody of
24the Department who is placed on aftercare release, including
25hearings involving sanctions for violation of aftercare
26release conditions and aftercare release revocation hearings.

 

 

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1    As soon as is possible after August 7, 2009 (the effective
2date of Public Act 96-134), the Department shall develop and
3implement a special program of family preservation services to
4support intact, foster, and adoptive families who are
5experiencing extreme hardships due to the difficulty and
6stress of caring for a child who has been diagnosed with a
7pervasive developmental disorder if the Department determines
8that those services are necessary to ensure the health and
9safety of the child. The Department may offer services to any
10family whether or not a report has been filed under the Abused
11and Neglected Child Reporting Act. The Department may refer
12the child or family to services available from other agencies
13in the community if the conditions in the child's or family's
14home are reasonably likely to subject the child or family to
15future reports of suspected child abuse or neglect. Acceptance
16of these services shall be voluntary. The Department shall
17develop and implement a public information campaign to alert
18health and social service providers and the general public
19about these special family preservation services. The nature
20and scope of the services offered and the number of families
21served under the special program implemented under this
22paragraph shall be determined by the level of funding that the
23Department annually allocates for this purpose. The term
24"pervasive developmental disorder" under this paragraph means
25a neurological condition, including, but not limited to,
26Asperger's Syndrome and autism, as defined in the most recent

 

 

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1edition of the Diagnostic and Statistical Manual of Mental
2Disorders of the American Psychiatric Association.
3    (l-1) The legislature recognizes that the best interests
4of the child require that the child be placed in the most
5permanent living arrangement as soon as is practically
6possible. To achieve this goal, the legislature directs the
7Department of Children and Family Services to conduct
8concurrent planning so that permanency may occur at the
9earliest opportunity. Permanent living arrangements may
10include prevention of placement of a child outside the home of
11the family when the child can be cared for at home without
12endangering the child's health or safety; reunification with
13the family, when safe and appropriate, if temporary placement
14is necessary; or movement of the child toward the most
15permanent living arrangement and permanent legal status.
16    When determining reasonable efforts to be made with
17respect to a child, as described in this subsection, and in
18making such reasonable efforts, the child's health and safety
19shall be the paramount concern.
20    When a child is placed in foster care, the Department
21shall ensure and document that reasonable efforts were made to
22prevent or eliminate the need to remove the child from the
23child's home. The Department must make reasonable efforts to
24reunify the family when temporary placement of the child
25occurs unless otherwise required, pursuant to the Juvenile
26Court Act of 1987. At any time after the dispositional hearing

 

 

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1where the Department believes that further reunification
2services would be ineffective, it may request a finding from
3the court that reasonable efforts are no longer appropriate.
4The Department is not required to provide further
5reunification services after such a finding.
6    A decision to place a child in substitute care shall be
7made with considerations of the child's health, safety, and
8best interests. At the time of placement, consideration should
9also be given so that if reunification fails or is delayed, the
10placement made is the best available placement to provide
11permanency for the child.
12    The Department shall adopt rules addressing concurrent
13planning for reunification and permanency. The Department
14shall consider the following factors when determining
15appropriateness of concurrent planning:
16        (1) the likelihood of prompt reunification;
17        (2) the past history of the family;
18        (3) the barriers to reunification being addressed by
19    the family;
20        (4) the level of cooperation of the family;
21        (5) the foster parents' willingness to work with the
22    family to reunite;
23        (6) the willingness and ability of the foster family
24    to provide an adoptive home or long-term placement;
25        (7) the age of the child;
26        (8) placement of siblings.

 

 

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1    (m) The Department may assume temporary custody of any
2child if:
3        (1) it has received a written consent to such
4    temporary custody signed by the parents of the child or by
5    the parent having custody of the child if the parents are
6    not living together or by the guardian or custodian of the
7    child if the child is not in the custody of either parent,
8    or
9        (2) the child is found in the State and neither a
10    parent, guardian nor custodian of the child can be
11    located.
12If the child is found in his or her residence without a parent,
13guardian, custodian, or responsible caretaker, the Department
14may, instead of removing the child and assuming temporary
15custody, place an authorized representative of the Department
16in that residence until such time as a parent, guardian, or
17custodian enters the home and expresses a willingness and
18apparent ability to ensure the child's health and safety and
19resume permanent charge of the child, or until a relative
20enters the home and is willing and able to ensure the child's
21health and safety and assume charge of the child until a
22parent, guardian, or custodian enters the home and expresses
23such willingness and ability to ensure the child's safety and
24resume permanent charge. After a caretaker has remained in the
25home for a period not to exceed 12 hours, the Department must
26follow those procedures outlined in Section 2-9, 3-11, 4-8, or

 

 

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15-415 of the Juvenile Court Act of 1987.
2    The Department shall have the authority, responsibilities
3and duties that a legal custodian of the child would have
4pursuant to subsection (9) of Section 1-3 of the Juvenile
5Court Act of 1987. Whenever a child is taken into temporary
6custody pursuant to an investigation under the Abused and
7Neglected Child Reporting Act, or pursuant to a referral and
8acceptance under the Juvenile Court Act of 1987 of a minor in
9limited custody, the Department, during the period of
10temporary custody and before the child is brought before a
11judicial officer as required by Section 2-9, 3-11, 4-8, or
125-415 of the Juvenile Court Act of 1987, shall have the
13authority, responsibilities and duties that a legal custodian
14of the child would have under subsection (9) of Section 1-3 of
15the Juvenile Court Act of 1987.
16    The Department shall ensure that any child taken into
17custody is scheduled for an appointment for a medical
18examination.
19    A parent, guardian, or custodian of a child in the
20temporary custody of the Department who would have custody of
21the child if he were not in the temporary custody of the
22Department may deliver to the Department a signed request that
23the Department surrender the temporary custody of the child.
24The Department may retain temporary custody of the child for
2510 days after the receipt of the request, during which period
26the Department may cause to be filed a petition pursuant to the

 

 

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1Juvenile Court Act of 1987. If a petition is so filed, the
2Department shall retain temporary custody of the child until
3the court orders otherwise. If a petition is not filed within
4the 10-day period, the child shall be surrendered to the
5custody of the requesting parent, guardian, or custodian not
6later than the expiration of the 10-day period, at which time
7the authority and duties of the Department with respect to the
8temporary custody of the child shall terminate.
9    (m-1) The Department may place children under 18 years of
10age in a secure child care facility licensed by the Department
11that cares for children who are in need of secure living
12arrangements for their health, safety, and well-being after a
13determination is made by the facility director and the
14Director or the Director's designate prior to admission to the
15facility subject to Section 2-27.1 of the Juvenile Court Act
16of 1987. This subsection (m-1) does not apply to a child who is
17subject to placement in a correctional facility operated
18pursuant to Section 3-15-2 of the Unified Code of Corrections,
19unless the child is a youth in care who was placed in the care
20of the Department before being subject to placement in a
21correctional facility and a court of competent jurisdiction
22has ordered placement of the child in a secure care facility.
23    (n) The Department may place children under 18 years of
24age in licensed child care facilities when in the opinion of
25the Department, appropriate services aimed at family
26preservation have been unsuccessful and cannot ensure the

 

 

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1child's health and safety or are unavailable and such
2placement would be for their best interest. Payment for board,
3clothing, care, training and supervision of any child placed
4in a licensed child care facility may be made by the
5Department, by the parents or guardians of the estates of
6those children, or by both the Department and the parents or
7guardians, except that no payments shall be made by the
8Department for any child placed in a licensed child care
9facility for board, clothing, care, training and supervision
10of such a child that exceed the average per capita cost of
11maintaining and of caring for a child in institutions for
12dependent or neglected children operated by the Department.
13However, such restriction on payments does not apply in cases
14where children require specialized care and treatment for
15problems of severe emotional disturbance, physical disability,
16social adjustment, or any combination thereof and suitable
17facilities for the placement of such children are not
18available at payment rates within the limitations set forth in
19this Section. All reimbursements for services delivered shall
20be absolutely inalienable by assignment, sale, attachment, or
21garnishment or otherwise.
22    (n-1) The Department shall provide or authorize child
23welfare services, aimed at assisting minors to achieve
24sustainable self-sufficiency as independent adults, for any
25minor eligible for the reinstatement of wardship pursuant to
26subsection (2) of Section 2-33 of the Juvenile Court Act of

 

 

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11987, whether or not such reinstatement is sought or allowed,
2provided that the minor consents to such services and has not
3yet attained the age of 21. The Department shall have
4responsibility for the development and delivery of services
5under this Section. An eligible youth may access services
6under this Section through the Department of Children and
7Family Services or by referral from the Department of Human
8Services. Youth participating in services under this Section
9shall cooperate with the assigned case manager in developing
10an agreement identifying the services to be provided and how
11the youth will increase skills to achieve self-sufficiency. A
12homeless shelter is not considered appropriate housing for any
13youth receiving child welfare services under this Section. The
14Department shall continue child welfare services under this
15Section to any eligible minor until the minor becomes 21 years
16of age, no longer consents to participate, or achieves
17self-sufficiency as identified in the minor's service plan.
18The Department of Children and Family Services shall create
19clear, readable notice of the rights of former foster youth to
20child welfare services under this Section and how such
21services may be obtained. The Department of Children and
22Family Services and the Department of Human Services shall
23disseminate this information statewide. The Department shall
24adopt regulations describing services intended to assist
25minors in achieving sustainable self-sufficiency as
26independent adults.

 

 

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1    (o) The Department shall establish an administrative
2review and appeal process for children and families who
3request or receive child welfare services from the Department.
4Youth in care who are placed by private child welfare
5agencies, and foster families with whom those youth are
6placed, shall be afforded the same procedural and appeal
7rights as children and families in the case of placement by the
8Department, including the right to an initial review of a
9private agency decision by that agency. The Department shall
10ensure that any private child welfare agency, which accepts
11youth in care for placement, affords those rights to children
12and foster families. The Department shall accept for
13administrative review and an appeal hearing a complaint made
14by (i) a child or foster family concerning a decision
15following an initial review by a private child welfare agency
16or (ii) a prospective adoptive parent who alleges a violation
17of subsection (j-5) of this Section. An appeal of a decision
18concerning a change in the placement of a child shall be
19conducted in an expedited manner. A court determination that a
20current foster home placement is necessary and appropriate
21under Section 2-28 of the Juvenile Court Act of 1987 does not
22constitute a judicial determination on the merits of an
23administrative appeal, filed by a former foster parent,
24involving a change of placement decision.
25    (p) (Blank).
26    (q) The Department may receive and use, in their entirety,

 

 

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1for the benefit of children any gift, donation, or bequest of
2money or other property which is received on behalf of such
3children, or any financial benefits to which such children are
4or may become entitled while under the jurisdiction or care of
5the Department, except that the benefits described in Section
65.46 must be used and conserved consistent with the provisions
7under Section 5.46.
8    The Department shall set up and administer no-cost,
9interest-bearing accounts in appropriate financial
10institutions for children for whom the Department is legally
11responsible and who have been determined eligible for
12Veterans' Benefits, Social Security benefits, assistance
13allotments from the armed forces, court ordered payments,
14parental voluntary payments, Supplemental Security Income,
15Railroad Retirement payments, Black Lung benefits, or other
16miscellaneous payments. Interest earned by each account shall
17be credited to the account, unless disbursed in accordance
18with this subsection.
19    In disbursing funds from children's accounts, the
20Department shall:
21        (1) Establish standards in accordance with State and
22    federal laws for disbursing money from children's
23    accounts. In all circumstances, the Department's
24    "Guardianship Administrator" or his or her designee must
25    approve disbursements from children's accounts. The
26    Department shall be responsible for keeping complete

 

 

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1    records of all disbursements for each account for any
2    purpose.
3        (2) Calculate on a monthly basis the amounts paid from
4    State funds for the child's board and care, medical care
5    not covered under Medicaid, and social services; and
6    utilize funds from the child's account, as covered by
7    regulation, to reimburse those costs. Monthly,
8    disbursements from all children's accounts, up to 1/12 of
9    $13,000,000, shall be deposited by the Department into the
10    General Revenue Fund and the balance over 1/12 of
11    $13,000,000 into the DCFS Children's Services Fund.
12        (3) Maintain any balance remaining after reimbursing
13    for the child's costs of care, as specified in item (2).
14    The balance shall accumulate in accordance with relevant
15    State and federal laws and shall be disbursed to the child
16    or his or her guardian, or to the issuing agency.
17    (r) The Department shall promulgate regulations
18encouraging all adoption agencies to voluntarily forward to
19the Department or its agent names and addresses of all persons
20who have applied for and have been approved for adoption of a
21hard-to-place child or child with a disability and the names
22of such children who have not been placed for adoption. A list
23of such names and addresses shall be maintained by the
24Department or its agent, and coded lists which maintain the
25confidentiality of the person seeking to adopt the child and
26of the child shall be made available, without charge, to every

 

 

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1adoption agency in the State to assist the agencies in placing
2such children for adoption. The Department may delegate to an
3agent its duty to maintain and make available such lists. The
4Department shall ensure that such agent maintains the
5confidentiality of the person seeking to adopt the child and
6of the child.
7    (s) The Department of Children and Family Services may
8establish and implement a program to reimburse Department and
9private child welfare agency foster parents licensed by the
10Department of Children and Family Services for damages
11sustained by the foster parents as a result of the malicious or
12negligent acts of foster children, as well as providing third
13party coverage for such foster parents with regard to actions
14of foster children to other individuals. Such coverage will be
15secondary to the foster parent liability insurance policy, if
16applicable. The program shall be funded through appropriations
17from the General Revenue Fund, specifically designated for
18such purposes.
19    (t) The Department shall perform home studies and
20investigations and shall exercise supervision over visitation
21as ordered by a court pursuant to the Illinois Marriage and
22Dissolution of Marriage Act or the Adoption Act only if:
23        (1) an order entered by an Illinois court specifically
24    directs the Department to perform such services; and
25        (2) the court has ordered one or both of the parties to
26    the proceeding to reimburse the Department for its

 

 

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1    reasonable costs for providing such services in accordance
2    with Department rules, or has determined that neither
3    party is financially able to pay.
4    The Department shall provide written notification to the
5court of the specific arrangements for supervised visitation
6and projected monthly costs within 60 days of the court order.
7The Department shall send to the court information related to
8the costs incurred except in cases where the court has
9determined the parties are financially unable to pay. The
10court may order additional periodic reports as appropriate.
11    (u) In addition to other information that must be
12provided, whenever the Department places a child with a
13prospective adoptive parent or parents, in a licensed foster
14home, group home, or child care institution, or in a relative
15home, the Department shall provide to the prospective adoptive
16parent or parents or other caretaker:
17        (1) available detailed information concerning the
18    child's educational and health history, copies of
19    immunization records (including insurance and medical card
20    information), a history of the child's previous
21    placements, if any, and reasons for placement changes
22    excluding any information that identifies or reveals the
23    location of any previous caretaker;
24        (2) a copy of the child's portion of the client
25    service plan, including any visitation arrangement, and
26    all amendments or revisions to it as related to the child;

 

 

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1    and
2        (3) information containing details of the child's
3    individualized educational plan when the child is
4    receiving special education services.
5    The caretaker shall be informed of any known social or
6behavioral information (including, but not limited to,
7criminal background, fire setting, perpetuation of sexual
8abuse, destructive behavior, and substance abuse) necessary to
9care for and safeguard the children to be placed or currently
10in the home. The Department may prepare a written summary of
11the information required by this paragraph, which may be
12provided to the foster or prospective adoptive parent in
13advance of a placement. The foster or prospective adoptive
14parent may review the supporting documents in the child's file
15in the presence of casework staff. In the case of an emergency
16placement, casework staff shall at least provide known
17information verbally, if necessary, and must subsequently
18provide the information in writing as required by this
19subsection.
20    The information described in this subsection shall be
21provided in writing. In the case of emergency placements when
22time does not allow prior review, preparation, and collection
23of written information, the Department shall provide such
24information as it becomes available. Within 10 business days
25after placement, the Department shall obtain from the
26prospective adoptive parent or parents or other caretaker a

 

 

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1signed verification of receipt of the information provided.
2Within 10 business days after placement, the Department shall
3provide to the child's guardian ad litem a copy of the
4information provided to the prospective adoptive parent or
5parents or other caretaker. The information provided to the
6prospective adoptive parent or parents or other caretaker
7shall be reviewed and approved regarding accuracy at the
8supervisory level.
9    (u-5) Effective July 1, 1995, only foster care placements
10licensed as foster family homes pursuant to the Child Care Act
11of 1969 shall be eligible to receive foster care payments from
12the Department. Relative caregivers who, as of July 1, 1995,
13were approved pursuant to approved relative placement rules
14previously promulgated by the Department at 89 Ill. Adm. Code
15335 and had submitted an application for licensure as a foster
16family home may continue to receive foster care payments only
17until the Department determines that they may be licensed as a
18foster family home or that their application for licensure is
19denied or until September 30, 1995, whichever occurs first.
20    (v) The Department shall access criminal history record
21information as defined in the Illinois Uniform Conviction
22Information Act and information maintained in the adjudicatory
23and dispositional record system as defined in Section 2605-355
24of the Illinois State Police Law if the Department determines
25the information is necessary to perform its duties under the
26Abused and Neglected Child Reporting Act, the Child Care Act

 

 

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1of 1969, and the Children and Family Services Act. The
2Department shall provide for interactive computerized
3communication and processing equipment that permits direct
4on-line communication with the Illinois State Police's central
5criminal history data repository. The Department shall comply
6with all certification requirements and provide certified
7operators who have been trained by personnel from the Illinois
8State Police. In addition, one Office of the Inspector General
9investigator shall have training in the use of the criminal
10history information access system and have access to the
11terminal. The Department of Children and Family Services and
12its employees shall abide by rules and regulations established
13by the Illinois State Police relating to the access and
14dissemination of this information.
15    (v-1) Prior to final approval for placement of a child,
16the Department shall conduct a criminal records background
17check of the prospective foster or adoptive parent, including
18fingerprint-based checks of national crime information
19databases. Final approval for placement shall not be granted
20if the record check reveals a felony conviction for child
21abuse or neglect, for spousal abuse, for a crime against
22children, or for a crime involving violence, including rape,
23sexual assault, or homicide, but not including other physical
24assault or battery, or if there is a felony conviction for
25physical assault, battery, or a drug-related offense committed
26within the past 5 years.

 

 

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1    (v-2) Prior to final approval for placement of a child,
2the Department shall check its child abuse and neglect
3registry for information concerning prospective foster and
4adoptive parents, and any adult living in the home. If any
5prospective foster or adoptive parent or other adult living in
6the home has resided in another state in the preceding 5 years,
7the Department shall request a check of that other state's
8child abuse and neglect registry.
9    (w) Within 120 days of August 20, 1995 (the effective date
10of Public Act 89-392), the Department shall prepare and submit
11to the Governor and the General Assembly, a written plan for
12the development of in-state licensed secure child care
13facilities that care for children who are in need of secure
14living arrangements for their health, safety, and well-being.
15For purposes of this subsection, secure care facility shall
16mean a facility that is designed and operated to ensure that
17all entrances and exits from the facility, a building or a
18distinct part of the building, are under the exclusive control
19of the staff of the facility, whether or not the child has the
20freedom of movement within the perimeter of the facility,
21building, or distinct part of the building. The plan shall
22include descriptions of the types of facilities that are
23needed in Illinois; the cost of developing these secure care
24facilities; the estimated number of placements; the potential
25cost savings resulting from the movement of children currently
26out-of-state who are projected to be returned to Illinois; the

 

 

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1necessary geographic distribution of these facilities in
2Illinois; and a proposed timetable for development of such
3facilities.
4    (x) The Department shall conduct annual credit history
5checks to determine the financial history of children placed
6under its guardianship pursuant to the Juvenile Court Act of
71987. The Department shall conduct such credit checks starting
8when a youth in care turns 12 years old and each year
9thereafter for the duration of the guardianship as terminated
10pursuant to the Juvenile Court Act of 1987. The Department
11shall determine if financial exploitation of the child's
12personal information has occurred. If financial exploitation
13appears to have taken place or is presently ongoing, the
14Department shall notify the proper law enforcement agency, the
15proper State's Attorney, or the Attorney General.
16    (y) Beginning on July 22, 2010 (the effective date of
17Public Act 96-1189), a child with a disability who receives
18residential and educational services from the Department shall
19be eligible to receive transition services in accordance with
20Article 14 of the School Code from the age of 14.5 through age
2121, inclusive, notwithstanding the child's residential
22services arrangement. For purposes of this subsection, "child
23with a disability" means a child with a disability as defined
24by the federal Individuals with Disabilities Education
25Improvement Act of 2004.
26    (z) The Department shall access criminal history record

 

 

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1information as defined as "background information" in this
2subsection and criminal history record information as defined
3in the Illinois Uniform Conviction Information Act for each
4Department employee or Department applicant. Each Department
5employee or Department applicant shall submit his or her
6fingerprints to the Illinois State Police in the form and
7manner prescribed by the Illinois State Police. These
8fingerprints shall be checked against the fingerprint records
9now and hereafter filed in the Illinois State Police and the
10Federal Bureau of Investigation criminal history records
11databases. The Illinois State Police shall charge a fee for
12conducting the criminal history record check, which shall be
13deposited into the State Police Services Fund and shall not
14exceed the actual cost of the record check. The Illinois State
15Police shall furnish, pursuant to positive identification, all
16Illinois conviction information to the Department of Children
17and Family Services.
18    For purposes of this subsection:
19    "Background information" means all of the following:
20        (i) Upon the request of the Department of Children and
21    Family Services, conviction information obtained from the
22    Illinois State Police as a result of a fingerprint-based
23    criminal history records check of the Illinois criminal
24    history records database and the Federal Bureau of
25    Investigation criminal history records database concerning
26    a Department employee or Department applicant.

 

 

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1        (ii) Information obtained by the Department of
2    Children and Family Services after performing a check of
3    the Illinois State Police's Sex Offender Database, as
4    authorized by Section 120 of the Sex Offender Community
5    Notification Law, concerning a Department employee or
6    Department applicant.
7        (iii) Information obtained by the Department of
8    Children and Family Services after performing a check of
9    the Child Abuse and Neglect Tracking System (CANTS)
10    operated and maintained by the Department.
11    "Department employee" means a full-time or temporary
12employee coded or certified within the State of Illinois
13Personnel System.
14    "Department applicant" means an individual who has
15conditional Department full-time or part-time work, a
16contractor, an individual used to replace or supplement staff,
17an academic intern, a volunteer in Department offices or on
18Department contracts, a work-study student, an individual or
19entity licensed by the Department, or an unlicensed service
20provider who works as a condition of a contract or an agreement
21and whose work may bring the unlicensed service provider into
22contact with Department clients or client records.
23(Source: P.A. 101-13, eff. 6-12-19; 101-79, eff. 7-12-19;
24101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 102-558, eff.
258-20-21.)
 

 

 

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1    (20 ILCS 505/5.46 new)
2    Sec. 5.46. Application for Social Security benefits,
3Supplemental Security Income, Veterans benefits, and Railroad
4Retirement benefits.
5    (a) Definitions. As used in this Section:
6    "Benefits" means Social Security benefits, Supplemental
7Security Income, Veterans benefits, and Railroad Retirement
8benefits.
9    "Youth's attorney and guardian ad litem" means the person
10appointed as the youth's attorney or guardian ad litem in
11accordance with the Juvenile Court Act of 1987 in the
12proceeding in which the Department is appointed as the youth's
13guardian or custodian.
14    (b) Application for benefits.
15        (1) Upon receiving temporary custody or guardianship
16    of a youth in care, the Department shall assess the youth
17    to determine whether the youth may be eligible for
18    benefits. If, after the assessment, the Department
19    determines that the youth may be eligible for benefits,
20    the Department shall ensure that an application is filed
21    on behalf of the youth. The Department shall prescribe by
22    rule how it will review cases of youth in care at regular
23    intervals to determine whether the youth may have become
24    eligible for benefits after the initial assessment. The
25    Department shall make reasonable efforts to encourage
26    youth in care over the age of 18 who are likely eligible

 

 

10200SB3470ham001- 34 -LRB102 23324 KTG 37495 a

1    for benefits to cooperate with the application process and
2    to assist youth with the application process.
3        (2) When applying for benefits under this Section for
4    a youth in care the Department shall identify a
5    representative payee in accordance with the requirements
6    of 20 CFR 404.2021 and 416.621. If the Department is
7    seeking to be appointed as the youth's representative
8    payee, the Department must consider input, if provided,
9    from the youth's attorney and guardian ad litem regarding
10    whether another representative payee, consistent with the
11    requirements of 20 CFR 404.2021 and 416.621, is available.
12    If the Department serves as the representative payee for a
13    youth over the age of 18, the Department shall request a
14    court order, as described in subparagraph (C) of paragraph
15    (1) of subsection (d) and in subparagraph (C) of paragraph
16    (2) of subsection (d).
17    (c) Notifications. The Department shall immediately notify
18a youth over the age of 16, the youth's attorney and guardian
19ad litem, and the youth's parent or legal guardian or another
20responsible adult of:
21        (1) any application for or any application to become
22    representative payee for benefits on behalf of a youth in
23    care;
24        (2) any communications from the Social Security
25    Administration, the U.S. Department of Veterans Affairs,
26    or the Railroad Retirement Board pertaining to the

 

 

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1    acceptance or denial of benefits or the selection of a
2    representative payee; and
3        (3) any appeal or other action requested by the
4    Department regarding an application for benefits.
5    (d) Use of benefits. Consistent with federal law, when the
6Department serves as the representative payee for a youth
7receiving benefits and receives benefits on the youth's
8behalf, the Department shall:
9        (1) Beginning January 1, 2023, ensure that when the
10    youth attains the age of 14 years and until the Department
11    no longer serves as the representative payee, a minimum
12    percentage of the youth's Supplemental Security Income
13    benefits are conserved in accordance with paragraph (4) as
14    follows:
15            (A) From the age of 14 through age 15, at least
16        40%.
17            (B) From the age of 16 through age 17, at least
18        80%.
19            (C) From the age of 18 through 20, 100%, when a
20        court order has been entered expressly allowing the
21        Department to have the authority to establish and
22        serve as an authorized agent of the youth over the age
23        of 18 with respect to an account established in
24        accordance with paragraph (4).
25        (2) Beginning January 1, 2024, ensure that when the
26    youth attains the age of 14 years and until the Department

 

 

10200SB3470ham001- 36 -LRB102 23324 KTG 37495 a

1    no longer serves as the representative payee a minimum
2    percentage of the youth's Social Security benefits,
3    Veterans benefits, or Railroad Retirement benefits are
4    conserved in accordance with paragraph (4) as follows:
5            (A) From the age of 14 through age 15, at least
6        40%.
7            (B) From the age of 16 through age 17, at least
8        80%.
9            (C) From the age of 18 through 20, 100%, when a
10        court order has been entered expressly allowing the
11        Department to have the authority to establish and
12        serve as an authorized agent of the youth over the age
13        of 18 with respect to an account established in
14        accordance with paragraph (4).
15        (3) Exercise discretion in accordance with federal law
16    and in the best interests of the youth when making
17    decisions to use or conserve the youth's benefits that are
18    less than or not subject to asset or resource limits under
19    federal law, including using the benefits to address the
20    youth's special needs and conserving the benefits for the
21    youth's reasonably foreseeable future needs.
22        (4) Appropriately monitor any federal asset or
23    resource limits for the benefits and ensure that the
24    youth's best interest is served by using or conserving the
25    benefits in a way that avoids violating any federal asset
26    or resource limits that would affect the youth's

 

 

10200SB3470ham001- 37 -LRB102 23324 KTG 37495 a

1    eligibility to receive the benefits, including:
2            (A) applying to the Social Security Administration
3        to establish a Plan to Achieve Self-Support (PASS)
4        Account for the youth under the Social Security Act
5        and determining whether it is in the best interest of
6        the youth to conserve all or parts of the benefits in
7        the PASS account;
8            (B) establishing a 529 plan for the youth and
9        conserving the youth's benefits in that account in a
10        manner that appropriately avoids any federal asset or
11        resource limits;
12            (C) establishing an Individual Development Account
13        for the youth and conserving the youth's benefits in
14        that account in a manner that appropriately avoids any
15        federal asset or resource limits;
16            (D) establishing an ABLE account authorized by
17        Section 529A of the Internal Revenue Code of 1986, for
18        the youth and conserving the youth's benefits in that
19        account in a manner that appropriately avoids any
20        federal asset or resource limits;
21            (E) establishing a Social Security Plan to Achieve
22        Self-Support account for the youth and conserving the
23        youth's benefits in a manner that appropriately avoids
24        any federal asset or resource limits;
25            (F) establishing a special needs trust for the
26        youth and conserving the youth's benefits in the trust

 

 

10200SB3470ham001- 38 -LRB102 23324 KTG 37495 a

1        in a manner that is consistent with federal
2        requirements for special needs trusts and that
3        appropriately avoids any federal asset or resource
4        limits;
5            (G) if the Department determines that using the
6        benefits for services for current special needs not
7        already provided by the Department is in the best
8        interest of the youth, using the benefits for those
9        services;
10            (H) if federal law requires certain back payments
11        of benefits to be placed in a dedicated account,
12        complying with the requirements for dedicated accounts
13        under 20 CFR 416.640(e); and
14            (I) applying any other exclusions from federal
15        asset or resource limits available under federal law
16        and using or conserving the youth's benefits in a
17        manner that appropriately avoids any federal asset or
18        resource limits.
19    (e) By July 1, 2024, the Department shall provide a report
20to the General Assembly regarding youth in care who receive
21benefits who are not subject to this Act. The report shall
22discuss a goal of expanding conservation of children's
23benefits to all benefits of all children of any age for whom
24the Department serves as representative payee. The report
25shall include a description of any identified obstacles, steps
26to be taken to address the obstacles, and a description of any

 

 

10200SB3470ham001- 39 -LRB102 23324 KTG 37495 a

1need for statutory, rule, or procedural changes.
2    (f) Accounting. The Department shall provide an annual
3accounting to the youth's attorney and guardian ad litem of
4how the youth's benefits have been used and conserved. In
5addition, within 10 business days of a request from a youth or
6the youth's attorney and guardian ad litem, the Department
7shall provide an accounting to the youth of how the youth's
8benefits have been used and conserved. The accounting shall
9include:
10        (1) The amount of benefits received on the youth's
11    behalf since the most recent accounting and the date the
12    benefits were received.
13        (2) Information regarding the youth's benefits and
14    resources, including the youth's benefits, insurance, cash
15    assets, trust accounts, earnings, and other resources.
16        (3) An accounting of the disbursement of benefit
17    funds, including the date, amount, identification of
18    payee, and purpose.
19        (4) Information regarding each request by the youth,
20    the youth's attorney and guardian ad litem, or the youth's
21    caregiver for disbursement of funds and a statement
22    regarding the reason for not granting the request if the
23    request was denied.
24    When the Department's guardianship of the youth is being
25terminated, the Department shall provide (i) a final
26accounting to the Social Security Administration, to the

 

 

10200SB3470ham001- 40 -LRB102 23324 KTG 37495 a

1youth's attorney and guardian ad litem, and to either the
2person or persons who will assume guardianship of the youth or
3who is in the process of adopting the youth, if the youth is
4under 18, or to the youth, if the youth is over 18 and (ii)
5information to the parent, guardian, or youth regarding how to
6apply to become the representative payee. The Department shall
7adopt rules to ensure that the representative payee
8transitions occur in a timely and appropriate manner.
9    (g) Financial literacy. The Department shall provide the
10youth with financial literacy training and support, including
11specific information regarding the existence, availability,
12and use of funds conserved for the youth in accordance with
13this subsection, beginning by age 14. The literacy program and
14support services shall be developed in consultation with input
15from the Department's Statewide Youth Advisory Board.
16    (h) Adoption of rules. The Department shall adopt rules to
17implement the provisions of this Section by January 1, 2023.
18    (i) Reporting. No later than February 28, 2023, the
19Department shall file a report with the General Assembly
20providing the following information for State Fiscal Years
212019, 2020, 2021, and 2022 and annually beginning February 28,
222023, for the preceding fiscal year:
23        (1) The number of youth entering care.
24        (2) The number of youth entering care receiving each
25    of the following types of benefits: Social Security
26    benefits, Supplemental Security Income, Veterans benefits,

 

 

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1    Railroad Retirement benefits.
2        (3) The number of youth entering care for whom the
3    Department filed an application for each of the following
4    types of benefits: Social Security benefits, Supplemental
5    Security Income, Veterans benefits, Railroad Retirement
6    benefits.
7        (4) The number of youth entering care who were awarded
8    each of the following types of benefits based on an
9    application filed by the Department: Social Security
10    benefits, Supplemental Security Income, Veterans benefits,
11    Railroad Retirement benefits.
12    (j) Annually beginning December 31, 2023, the Department
13shall file a report with the General Assembly with the
14following information regarding the preceding fiscal year:
15        (1) the number of conserved accounts established and
16    maintained for youth in care;
17        (2) the average amount conserved by age group; and
18        (3) the total amount conserved by age group.
 
19    (20 ILCS 505/35.10)
20    Sec. 35.10. Documents necessary for adult living. The
21Department shall assist a youth in care in identifying and
22obtaining documents necessary to function as an independent
23adult prior to the closure of the youth's case to terminate
24wardship as provided in Section 2-31 of the Juvenile Court Act
25of 1987. These necessary documents shall include, but not be

 

 

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1limited to, any of the following:
2        (1) State identification card or driver's license.
3        (2) Social Security card.
4        (3) Medical records, including, but not limited to,
5    health passport, dental records, immunization records,
6    name and contact information for all current medical,
7    dental, and mental health providers, and a signed
8    certification that the Department provided the youth with
9    education on executing a healthcare power of attorney.
10        (4) Medicaid card or other health eligibility
11    documentation.
12        (5) Certified copy of birth certificate.
13        (6) Any applicable religious documents.
14        (7) Voter registration card.
15        (8) Immigration, citizenship, or naturalization
16    documentation, if applicable.
17        (9) Death certificates of parents, if applicable.
18        (10) Life book or compilation of personal history and
19    photographs.
20        (11) List of known relatives with relationships,
21    addresses, telephone numbers, and other contact
22    information, with the permission of the involved relative.
23        (12) Resume.
24        (13) Educational records, including list of schools
25    attended, and transcript, high school diploma, or high
26    school equivalency certificate.

 

 

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1        (14) List of placements while in care.
2        (15) List of community resources with referral
3    information, including the Midwest Adoption Center for
4    search and reunion services for former youth in care,
5    whether or not they were adopted, and the Illinois Chapter
6    of Foster Care Alumni of America.
7        (16) All documents necessary to complete a Free
8    Application for Federal Student Aid form, if applicable,
9    or an application for State financial aid.
10        (17) If applicable, a final accounting of the account
11    maintained on behalf of the youth as provided under
12    Section 5.46.
13If a court determines that a youth in care no longer requires
14wardship of the court and orders the wardship terminated and
15all proceedings under the Juvenile Court Act of 1987
16respecting the youth in care finally closed and discharged,
17the Department shall ensure that the youth in care receives a
18copy of the court's order.
19(Source: P.A. 102-70, eff. 1-1-22.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.".