State of Illinois
2023 and 2024


Introduced 2/17/2023, by Rep. Lance Yednock


15 ILCS 335/4C
20 ILCS 505/5  from Ch. 23, par. 5005
20 ILCS 2605/2605-375  was 20 ILCS 2605/55a in part
50 ILCS 722/10
55 ILCS 5/5-1090  from Ch. 34, par. 5-1090
60 ILCS 1/215-15
65 ILCS 5/11-5.2-3  from Ch. 24, par. 11-5.2-3
325 ILCS 40/3  from Ch. 23, par. 2253
325 ILCS 40/6  from Ch. 23, par. 2256
325 ILCS 40/7  from Ch. 23, par. 2257
325 ILCS 50/1  from Ch. 23, par. 2281
325 ILCS 55/1  from Ch. 23, par. 2271

    Amends the Illinois State Police Law of the Civil Administrative Code of Illinois. Provides that the Illinois State Police shall create the Be on the Lookout System (BOLO) in the Law Enforcement Agencies Data System (LEADS) that would alert the Missing Persons Awareness Network when an endangered missing youth is entered into LEADS. Provides that the Illinois State Police shall coordinate with the Missing Persons Awareness Network to reach out to the affected family and take the first steps in assisting the family in finding the missing youth. Amends the Missing Persons Identification Act. Defines "endangered missing youth". Provides that an endangered missing youth shall be considered a high-risk missing person and the youth's information shall be immediately inserted into LEADS following the assignment of a case number to the youth's case. In various Acts and Codes, replaces references to "runaway" youth with "missing" youth.

LRB103 27292 AWJ 53663 b





HB3896LRB103 27292 AWJ 53663 b

1    AN ACT concerning government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Identification Card Act is amended
5by changing Section 4C as follows:
6    (15 ILCS 335/4C)
7    Sec. 4C. Homeless person status. For the purposes of this
8Act, an individual's status as a "homeless person" may be
9verified by a human services, legal services, or other worker
10that has knowledge of the individual's housing status,
11including, but not limited to:
12        (1) a homeless service agency receiving federal,
13    State, county, or municipal funding to provide those
14    services or otherwise sanctioned by local continuum of
15    care;
16        (2) an attorney licensed to practice in the State of
17    Illinois;
18        (3) a public school homeless liaison or school social
19    worker; or
20        (4) a human services provider funded by the State of
21    Illinois to serve homeless or missing runaway youth,
22    individuals with mental illness, or individuals with
23    addictions.



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1    Individuals who are homeless must not be charged for this
2verification. The Secretary of State by rule shall establish
3standards and procedures consistent with this Section for
4waiver of the Illinois Identification Care fee based on
5homelessness, which shall include the name and address of the
6individual and the agency providing verification of
7homelessness. Any falsification of this official record is
8subject to penalty.
9(Source: P.A. 96-183, eff. 7-1-10; 96-1000, eff. 7-2-10.)
10    Section 10. The Children and Family Services Act is
11amended by changing Section 5 as follows:
12    (20 ILCS 505/5)  (from Ch. 23, par. 5005)
13    Sec. 5. Direct child welfare services; Department of
14Children and Family Services. To provide direct child welfare
15services when not available through other public or private
16child care or program facilities.
17    (a) For purposes of this Section:
18        (1) "Children" means persons found within the State
19    who are under the age of 18 years. The term also includes
20    persons under age 21 who:
21            (A) were committed to the Department pursuant to
22        the Juvenile Court Act or the Juvenile Court Act of
23        1987 and who continue under the jurisdiction of the
24        court; or



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



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



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



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1by the Department. The Department may pay up to 2 months
2operational expenses in advance. The amount of the advance
3disbursement shall be prorated over the life of the contract
4or the remaining months of the fiscal year, whichever is less,
5and the installment amount shall then be deducted from future
6bills. Advance disbursement authorizations for new initiatives
7shall not be made to any agency after that agency has operated
8during 2 consecutive fiscal years. The requirements of this
9Section concerning advance disbursements shall not apply with
10respect to the following: payments to local public agencies
11for child day care services as authorized by Section 5a of this
12Act; and youth service programs receiving grant funds under
13Section 17a-4.
14    (e) (Blank).
15    (f) (Blank).
16    (g) The Department shall establish rules and regulations
17concerning its operation of programs designed to meet the
18goals of child safety and protection, family preservation,
19family reunification, and adoption, including, but not limited
21        (1) adoption;
22        (2) foster care;
23        (3) family counseling;
24        (4) protective services;
25        (5) (blank);
26        (6) homemaker service;



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1        (7) return of missing runaway children;
2        (8) (blank);
3        (9) placement under Section 5-7 of the Juvenile Court
4    Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
5    Court Act of 1987 in accordance with the federal Adoption
6    Assistance and Child Welfare Act of 1980; and
7        (10) interstate services.
8    Rules and regulations established by the Department shall
9include provisions for training Department staff and the staff
10of Department grantees, through contracts with other agencies
11or resources, in screening techniques to identify substance
12use disorders, as defined in the Substance Use Disorder Act,
13approved by the Department of Human Services, as a successor
14to the Department of Alcoholism and Substance Abuse, for the
15purpose of identifying children and adults who should be
16referred for an assessment at an organization appropriately
17licensed by the Department of Human Services for substance use
18disorder treatment.
19    (h) If the Department finds that there is no appropriate
20program or facility within or available to the Department for
21a youth in care and that no licensed private facility has an
22adequate and appropriate program or none agrees to accept the
23youth in care, the Department shall create an appropriate
24individualized, program-oriented plan for such youth in care.
25The plan may be developed within the Department or through
26purchase of services by the Department to the extent that it is



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



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1assistance with respect to a prior adoption and who become
2available for adoption because the prior adoption has been
3dissolved and the parental rights of the adoptive parents have
4been terminated or because the child's adoptive parents have
5died. The Department may continue to provide financial
6assistance and education assistance grants for a child who was
7determined eligible for financial assistance under this
8subsection (j) in the interim period beginning when the
9child's adoptive parents died and ending with the finalization
10of the new adoption of the child by another adoptive parent or
11parents. The Department may also provide categories of
12financial assistance and education assistance grants, and
13shall establish rules and regulations for the assistance and
14grants, to persons appointed guardian of the person under
15Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
164-25, or 5-740 of the Juvenile Court Act of 1987 for children
17who were youth in care for 12 months immediately prior to the
18appointment of the guardian.
19    The amount of assistance may vary, depending upon the
20needs of the child and the adoptive parents, as set forth in
21the annual assistance agreement. Special purpose grants are
22allowed where the child requires special service but such
23costs may not exceed the amounts which similar services would
24cost the Department if it were to provide or secure them as
25guardian of the child.
26    Any financial assistance provided under this subsection is



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1inalienable by assignment, sale, execution, attachment,
2garnishment, or any other remedy for recovery or collection of
3a judgment or debt.
4    (j-5) The Department shall not deny or delay the placement
5of a child for adoption if an approved family is available
6either outside of the Department region handling the case, or
7outside of the State of Illinois.
8    (k) The Department shall accept for care and training any
9child who has been adjudicated neglected or abused, or
10dependent committed to it pursuant to the Juvenile Court Act
11or the Juvenile Court Act of 1987.
12    (l) The Department shall offer family preservation
13services, as defined in Section 8.2 of the Abused and
14Neglected Child Reporting Act, to help families, including
15adoptive and extended families. Family preservation services
16shall be offered (i) to prevent the placement of children in
17substitute care when the children can be cared for at home or
18in the custody of the person responsible for the children's
19welfare, (ii) to reunite children with their families, or
20(iii) to maintain an adoptive placement. Family preservation
21services shall only be offered when doing so will not endanger
22the children's health or safety. With respect to children who
23are in substitute care pursuant to the Juvenile Court Act of
241987, family preservation services shall not be offered if a
25goal other than those of subdivisions (A), (B), or (B-1) of
26subsection (2) of Section 2-28 of that Act has been set, except



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



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1in the community, even if the report is determined to be
2unfounded, if the conditions in the child's or family's home
3are reasonably likely to subject the child or family to future
4reports of suspected child abuse or neglect. Acceptance of
5such services shall be voluntary. The Department may also
6provide services to any child or family after completion of a
7family assessment, as an alternative to an investigation, as
8provided under the "differential response program" provided
9for in subsection (a-5) of Section 7.4 of the Abused and
10Neglected Child Reporting Act.
11    The Department may, at its discretion except for those
12children also adjudicated neglected or dependent, accept for
13care and training any child who has been adjudicated addicted,
14as a truant minor in need of supervision or as a minor
15requiring authoritative intervention, under the Juvenile Court
16Act or the Juvenile Court Act of 1987, but no such child shall
17be committed to the Department by any court without the
18approval of the Department. On and after January 1, 2015 (the
19effective date of Public Act 98-803) and before January 1,
202017, a minor charged with a criminal offense under the
21Criminal Code of 1961 or the Criminal Code of 2012 or
22adjudicated delinquent shall not be placed in the custody of
23or committed to the Department by any court, except (i) a minor
24less than 16 years of age committed to the Department under
25Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
26for whom an independent basis of abuse, neglect, or dependency



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1exists, which must be defined by departmental rule, or (iii) a
2minor for whom the court has granted a supplemental petition
3to reinstate wardship pursuant to subsection (2) of Section
42-33 of the Juvenile Court Act of 1987. On and after January 1,
52017, a minor charged with a criminal offense under the
6Criminal Code of 1961 or the Criminal Code of 2012 or
7adjudicated delinquent shall not be placed in the custody of
8or committed to the Department by any court, except (i) a minor
9less than 15 years of age committed to the Department under
10Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
11for whom an independent basis of abuse, neglect, or dependency
12exists, which must be defined by departmental rule, or (iii) a
13minor for whom the court has granted a supplemental petition
14to reinstate wardship pursuant to subsection (2) of Section
152-33 of the Juvenile Court Act of 1987. An independent basis
16exists when the allegations or adjudication of abuse, neglect,
17or dependency do not arise from the same facts, incident, or
18circumstances which give rise to a charge or adjudication of
19delinquency. The Department shall assign a caseworker to
20attend any hearing involving a youth in the care and custody of
21the Department who is placed on aftercare release, including
22hearings involving sanctions for violation of aftercare
23release conditions and aftercare release revocation hearings.
24    As soon as is possible after August 7, 2009 (the effective
25date of Public Act 96-134), the Department shall develop and
26implement a special program of family preservation services to



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



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1of the child require that the child be placed in the most
2permanent living arrangement as soon as is practically
3possible. To achieve this goal, the legislature directs the
4Department of Children and Family Services to conduct
5concurrent planning so that permanency may occur at the
6earliest opportunity. Permanent living arrangements may
7include prevention of placement of a child outside the home of
8the family when the child can be cared for at home without
9endangering the child's health or safety; reunification with
10the family, when safe and appropriate, if temporary placement
11is necessary; or movement of the child toward the most
12permanent living arrangement and permanent legal status.
13    When determining reasonable efforts to be made with
14respect to a child, as described in this subsection, and in
15making such reasonable efforts, the child's health and safety
16shall be the paramount concern.
17    When a child is placed in foster care, the Department
18shall ensure and document that reasonable efforts were made to
19prevent or eliminate the need to remove the child from the
20child's home. The Department must make reasonable efforts to
21reunify the family when temporary placement of the child
22occurs unless otherwise required, pursuant to the Juvenile
23Court Act of 1987. At any time after the dispositional hearing
24where the Department believes that further reunification
25services would be ineffective, it may request a finding from
26the court that reasonable efforts are no longer appropriate.



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1The Department is not required to provide further
2reunification services after such a finding.
3    A decision to place a child in substitute care shall be
4made with considerations of the child's health, safety, and
5best interests. At the time of placement, consideration should
6also be given so that if reunification fails or is delayed, the
7placement made is the best available placement to provide
8permanency for the child.
9    The Department shall adopt rules addressing concurrent
10planning for reunification and permanency. The Department
11shall consider the following factors when determining
12appropriateness of concurrent planning:
13        (1) the likelihood of prompt reunification;
14        (2) the past history of the family;
15        (3) the barriers to reunification being addressed by
16    the family;
17        (4) the level of cooperation of the family;
18        (5) the foster parents' willingness to work with the
19    family to reunite;
20        (6) the willingness and ability of the foster family
21    to provide an adoptive home or long-term placement;
22        (7) the age of the child;
23        (8) placement of siblings.
24    (m) The Department may assume temporary custody of any
25child if:
26        (1) it has received a written consent to such



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1    temporary custody signed by the parents of the child or by
2    the parent having custody of the child if the parents are
3    not living together or by the guardian or custodian of the
4    child if the child is not in the custody of either parent,
5    or
6        (2) the child is found in the State and neither a
7    parent, guardian nor custodian of the child can be
8    located.
9If the child is found in his or her residence without a parent,
10guardian, custodian, or responsible caretaker, the Department
11may, instead of removing the child and assuming temporary
12custody, place an authorized representative of the Department
13in that residence until such time as a parent, guardian, or
14custodian enters the home and expresses a willingness and
15apparent ability to ensure the child's health and safety and
16resume permanent charge of the child, or until a relative
17enters the home and is willing and able to ensure the child's
18health and safety and assume charge of the child until a
19parent, guardian, or custodian enters the home and expresses
20such willingness and ability to ensure the child's safety and
21resume permanent charge. After a caretaker has remained in the
22home for a period not to exceed 12 hours, the Department must
23follow those procedures outlined in Section 2-9, 3-11, 4-8, or
245-415 of the Juvenile Court Act of 1987.
25    The Department shall have the authority, responsibilities
26and duties that a legal custodian of the child would have



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1pursuant to subsection (9) of Section 1-3 of the Juvenile
2Court Act of 1987. Whenever a child is taken into temporary
3custody pursuant to an investigation under the Abused and
4Neglected Child Reporting Act, or pursuant to a referral and
5acceptance under the Juvenile Court Act of 1987 of a minor in
6limited custody, the Department, during the period of
7temporary custody and before the child is brought before a
8judicial officer as required by Section 2-9, 3-11, 4-8, or
95-415 of the Juvenile Court Act of 1987, shall have the
10authority, responsibilities and duties that a legal custodian
11of the child would have under subsection (9) of Section 1-3 of
12the Juvenile Court Act of 1987.
13    The Department shall ensure that any child taken into
14custody is scheduled for an appointment for a medical
16    A parent, guardian, or custodian of a child in the
17temporary custody of the Department who would have custody of
18the child if he were not in the temporary custody of the
19Department may deliver to the Department a signed request that
20the Department surrender the temporary custody of the child.
21The Department may retain temporary custody of the child for
2210 days after the receipt of the request, during which period
23the Department may cause to be filed a petition pursuant to the
24Juvenile Court Act of 1987. If a petition is so filed, the
25Department shall retain temporary custody of the child until
26the court orders otherwise. If a petition is not filed within



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



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1in a licensed child care facility may be made by the
2Department, by the parents or guardians of the estates of
3those children, or by both the Department and the parents or
4guardians, except that no payments shall be made by the
5Department for any child placed in a licensed child care
6facility for board, clothing, care, training and supervision
7of such a child that exceed the average per capita cost of
8maintaining and of caring for a child in institutions for
9dependent or neglected children operated by the Department.
10However, such restriction on payments does not apply in cases
11where children require specialized care and treatment for
12problems of severe emotional disturbance, physical disability,
13social adjustment, or any combination thereof and suitable
14facilities for the placement of such children are not
15available at payment rates within the limitations set forth in
16this Section. All reimbursements for services delivered shall
17be absolutely inalienable by assignment, sale, attachment, or
18garnishment or otherwise.
19    (n-1) The Department shall provide or authorize child
20welfare services, aimed at assisting minors to achieve
21sustainable self-sufficiency as independent adults, for any
22minor eligible for the reinstatement of wardship pursuant to
23subsection (2) of Section 2-33 of the Juvenile Court Act of
241987, whether or not such reinstatement is sought or allowed,
25provided that the minor consents to such services and has not
26yet attained the age of 21. The Department shall have



HB3896- 21 -LRB103 27292 AWJ 53663 b

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



HB3896- 22 -LRB103 27292 AWJ 53663 b

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



HB3896- 23 -LRB103 27292 AWJ 53663 b

1or may become entitled while under the jurisdiction or care of
2the Department, except that the benefits described in Section
35.46 must be used and conserved consistent with the provisions
4under Section 5.46.
5    The Department shall set up and administer no-cost,
6interest-bearing accounts in appropriate financial
7institutions for children for whom the Department is legally
8responsible and who have been determined eligible for
9Veterans' Benefits, Social Security benefits, assistance
10allotments from the armed forces, court ordered payments,
11parental voluntary payments, Supplemental Security Income,
12Railroad Retirement payments, Black Lung benefits, or other
13miscellaneous payments. Interest earned by each account shall
14be credited to the account, unless disbursed in accordance
15with this subsection.
16    In disbursing funds from children's accounts, the
17Department shall:
18        (1) Establish standards in accordance with State and
19    federal laws for disbursing money from children's
20    accounts. In all circumstances, the Department's
21    "Guardianship Administrator" or his or her designee must
22    approve disbursements from children's accounts. The
23    Department shall be responsible for keeping complete
24    records of all disbursements for each account for any
25    purpose.
26        (2) Calculate on a monthly basis the amounts paid from



HB3896- 24 -LRB103 27292 AWJ 53663 b

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



HB3896- 25 -LRB103 27292 AWJ 53663 b

1Department shall ensure that such agent maintains the
2confidentiality of the person seeking to adopt the child and
3of the child.
4    (s) The Department of Children and Family Services may
5establish and implement a program to reimburse Department and
6private child welfare agency foster parents licensed by the
7Department of Children and Family Services for damages
8sustained by the foster parents as a result of the malicious or
9negligent acts of foster children, as well as providing third
10party coverage for such foster parents with regard to actions
11of foster children to other individuals. Such coverage will be
12secondary to the foster parent liability insurance policy, if
13applicable. The program shall be funded through appropriations
14from the General Revenue Fund, specifically designated for
15such purposes.
16    (t) The Department shall perform home studies and
17investigations and shall exercise supervision over visitation
18as ordered by a court pursuant to the Illinois Marriage and
19Dissolution of Marriage Act or the Adoption Act only if:
20        (1) an order entered by an Illinois court specifically
21    directs the Department to perform such services; and
22        (2) the court has ordered one or both of the parties to
23    the proceeding to reimburse the Department for its
24    reasonable costs for providing such services in accordance
25    with Department rules, or has determined that neither
26    party is financially able to pay.



HB3896- 26 -LRB103 27292 AWJ 53663 b

1    The Department shall provide written notification to the
2court of the specific arrangements for supervised visitation
3and projected monthly costs within 60 days of the court order.
4The Department shall send to the court information related to
5the costs incurred except in cases where the court has
6determined the parties are financially unable to pay. The
7court may order additional periodic reports as appropriate.
8    (u) In addition to other information that must be
9provided, whenever the Department places a child with a
10prospective adoptive parent or parents, in a licensed foster
11home, group home, or child care institution, or in a relative
12home, the Department shall provide to the prospective adoptive
13parent or parents or other caretaker:
14        (1) available detailed information concerning the
15    child's educational and health history, copies of
16    immunization records (including insurance and medical card
17    information), a history of the child's previous
18    placements, if any, and reasons for placement changes
19    excluding any information that identifies or reveals the
20    location of any previous caretaker;
21        (2) a copy of the child's portion of the client
22    service plan, including any visitation arrangement, and
23    all amendments or revisions to it as related to the child;
24    and
25        (3) information containing details of the child's
26    individualized educational plan when the child is



HB3896- 27 -LRB103 27292 AWJ 53663 b

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



HB3896- 28 -LRB103 27292 AWJ 53663 b

1information provided to the prospective adoptive parent or
2parents or other caretaker. The information provided to the
3prospective adoptive parent or parents or other caretaker
4shall be reviewed and approved regarding accuracy at the
5supervisory level.
6    (u-5) Effective July 1, 1995, only foster care placements
7licensed as foster family homes pursuant to the Child Care Act
8of 1969 shall be eligible to receive foster care payments from
9the Department. Relative caregivers who, as of July 1, 1995,
10were approved pursuant to approved relative placement rules
11previously promulgated by the Department at 89 Ill. Adm. Code
12335 and had submitted an application for licensure as a foster
13family home may continue to receive foster care payments only
14until the Department determines that they may be licensed as a
15foster family home or that their application for licensure is
16denied or until September 30, 1995, whichever occurs first.
17    (v) The Department shall access criminal history record
18information as defined in the Illinois Uniform Conviction
19Information Act and information maintained in the adjudicatory
20and dispositional record system as defined in Section 2605-355
21of the Illinois State Police Law if the Department determines
22the information is necessary to perform its duties under the
23Abused and Neglected Child Reporting Act, the Child Care Act
24of 1969, and the Children and Family Services Act. The
25Department shall provide for interactive computerized
26communication and processing equipment that permits direct



HB3896- 29 -LRB103 27292 AWJ 53663 b

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



HB3896- 30 -LRB103 27292 AWJ 53663 b

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



HB3896- 31 -LRB103 27292 AWJ 53663 b

1    (x) The Department shall conduct annual credit history
2checks to determine the financial history of children placed
3under its guardianship pursuant to the Juvenile Court Act of
41987. The Department shall conduct such credit checks starting
5when a youth in care turns 12 years old and each year
6thereafter for the duration of the guardianship as terminated
7pursuant to the Juvenile Court Act of 1987. The Department
8shall determine if financial exploitation of the child's
9personal information has occurred. If financial exploitation
10appears to have taken place or is presently ongoing, the
11Department shall notify the proper law enforcement agency, the
12proper State's Attorney, or the Attorney General.
13    (y) Beginning on July 22, 2010 (the effective date of
14Public Act 96-1189), a child with a disability who receives
15residential and educational services from the Department shall
16be eligible to receive transition services in accordance with
17Article 14 of the School Code from the age of 14.5 through age
1821, inclusive, notwithstanding the child's residential
19services arrangement. For purposes of this subsection, "child
20with a disability" means a child with a disability as defined
21by the federal Individuals with Disabilities Education
22Improvement Act of 2004.
23    (z) The Department shall access criminal history record
24information as defined as "background information" in this
25subsection and criminal history record information as defined
26in the Illinois Uniform Conviction Information Act for each



HB3896- 32 -LRB103 27292 AWJ 53663 b

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



HB3896- 33 -LRB103 27292 AWJ 53663 b

1    authorized by Section 120 of the Sex Offender Community
2    Notification Law, concerning a Department employee or
3    Department applicant.
4        (iii) Information obtained by the Department of
5    Children and Family Services after performing a check of
6    the Child Abuse and Neglect Tracking System (CANTS)
7    operated and maintained by the Department.
8    "Department employee" means a full-time or temporary
9employee coded or certified within the State of Illinois
10Personnel System.
11    "Department applicant" means an individual who has
12conditional Department full-time or part-time work, a
13contractor, an individual used to replace or supplement staff,
14an academic intern, a volunteer in Department offices or on
15Department contracts, a work-study student, an individual or
16entity licensed by the Department, or an unlicensed service
17provider who works as a condition of a contract or an agreement
18and whose work may bring the unlicensed service provider into
19contact with Department clients or client records.
20(Source: P.A. 101-13, eff. 6-12-19; 101-79, eff. 7-12-19;
21101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 102-558, eff.
228-20-21; 102-1014, eff. 5-27-22.)
23    Section 15. The Illinois State Police Law of the Civil
24Administrative Code of Illinois is amended by changing Section
252605-375 as follows:



HB3896- 34 -LRB103 27292 AWJ 53663 b

1    (20 ILCS 2605/2605-375)  (was 20 ILCS 2605/55a in part)
2    Sec. 2605-375. Missing persons; Law Enforcement Agencies
3Data System (LEADS).
4    (a) To utilize the statewide Law Enforcement Agencies Data
5System (LEADS) for the purpose of providing electronic access
6by authorized entities to criminal justice data repositories
7and effecting an immediate law enforcement response to reports
8of missing persons, including lost or , missing or runaway
9minors, lost or missing individuals with developmental or
10intellectual disabilities, and missing endangered seniors. The
11Illinois State Police shall implement an automatic data
12exchange system to compile, to maintain, and to make available
13to other law enforcement agencies for immediate dissemination
14data that can assist appropriate agencies in recovering
15missing persons and provide access by authorized entities to
16various data repositories available through LEADS for criminal
17justice and related purposes. To assist the Illinois State
18Police in this effort, funds may be appropriated from the
19LEADS Maintenance Fund. Funds may be appropriated from the
20LEADS Maintenance Fund to the Illinois State Police to finance
21any of its lawful purposes or functions in relation to
22defraying the expenses associated with establishing,
23maintaining, and supporting the issuance of electronic
25    (b) In exercising its duties under this Section, the



HB3896- 35 -LRB103 27292 AWJ 53663 b

1Illinois State Police shall provide a uniform reporting format
2(LEADS) for the entry of pertinent information regarding the
3report of a missing person into LEADS. The report must include
4all of the following:
5        (1) Relevant information obtained from the
6    notification concerning the missing person, including all
7    of the following:
8            (A) a physical description of the missing person;
9            (B) the date, time, and place that the missing
10        person was last seen; and
11            (C) the missing person's address.
12        (2) Information gathered by a preliminary
13    investigation, if one was made.
14        (3) A statement by the law enforcement officer in
15    charge stating the officer's assessment of the case based
16    on the evidence and information received.
17    (b-5) The Illinois State Police shall:
18        (1) Develop and implement a policy whereby a statewide
19    or regional alert would be used in situations relating to
20    the disappearances of individuals, based on criteria and
21    in a format established by the Illinois State Police. Such
22    a format shall include, but not be limited to, the age of
23    the missing person and the suspected circumstance of the
24    disappearance.
25        (2) Notify all law enforcement agencies that reports
26    of missing persons shall be entered as soon as the minimum



HB3896- 36 -LRB103 27292 AWJ 53663 b

1    level of data specified by the Illinois State Police is
2    available to the reporting agency and that no waiting
3    period for the entry of the data exists.
4        (3) Compile and retain information regarding lost,
5    abducted, or missing, or runaway minors in a separate data
6    file, in a manner that allows that information to be used
7    by law enforcement and other agencies deemed appropriate
8    by the Director, for investigative purposes. The
9    information shall include the disposition of all reported
10    lost, abducted, or missing, or runaway minor cases.
11        (4) Compile and maintain an historic data repository
12    relating to lost, abducted, or missing, or runaway minors
13    and other missing persons, including, but not limited to,
14    lost or missing individuals with developmental or
15    intellectual disabilities and missing endangered seniors,
16    in order to develop and improve techniques utilized by law
17    enforcement agencies when responding to reports of missing
18    persons.
19        (5) Create a quality control program regarding
20    confirmation of missing person data, timeliness of entries
21    of missing person reports into LEADS, and performance
22    audits of all entering agencies.
23        (6) Create the Be on the Lookout (BOLO) System in
24    LEADS that would alert the Missing Persons Awareness
25    Network or similar volunteer network when an endangered
26    missing youth is entered into LEADS. The Illinois State



HB3896- 37 -LRB103 27292 AWJ 53663 b

1    Police shall coordinate with the Missing Persons Awareness
2    Network or similar volunteer network as provided under
3    paragraph (5) of subsection (c) of Section 10 of the
4    Missing Persons Identification Act. As used in this
5    paragraph, "endangered missing youth" has the meaning
6    given to that term in Section 10 of the Missing Persons
7    Identification Act.
8    (c) The Illinois Law Enforcement Training Standards Board
9shall conduct a training program for law enforcement personnel
10of local governmental agencies in the Missing Persons
11Identification Act.
12    (d) The Illinois State Police shall perform the duties
13prescribed in the Missing Persons Identification Act, subject
14to appropriation.
15(Source: P.A. 102-538, eff. 8-20-21.)
16    Section 20. The Missing Persons Identification Act is
17amended by changing Section 10 as follows:
18    (50 ILCS 722/10)
19    Sec. 10. Law enforcement analysis and reporting of missing
20person information.
21    (a) Definitions. As used in this Section: Prompt
22determination and definition of a high-risk missing person.
23    (1) Definition. "Endangered missing youth" means a person
24age 18 or younger whose whereabouts are not currently known.



HB3896- 38 -LRB103 27292 AWJ 53663 b

1All youth are assumed abducted until evidence proves that it
2is a case of a runaway youth.
3    "High-risk missing person" means a person whose
4whereabouts are not currently known and whose circumstances
5indicate that the person may be at risk of injury or death. The
6circumstances that indicate that a person is a high-risk
7missing person include, but are not limited to, any of the
9        (A) the person is missing as a result of a stranger
10    abduction;
11        (B) the person is missing under suspicious
12    circumstances;
13        (C) the person is missing under unknown circumstances;
14        (D) the person is missing under known dangerous
15    circumstances;
16        (E) the person is missing more than 30 days;
17        (F) the person has already been designated as a
18    high-risk missing person by another law enforcement
19    agency;
20        (G) there is evidence that the person is at risk
21    because:
22                (i) the person is in need of medical
23            attention, including but not limited to persons
24            with dementia-like symptoms, or prescription
25            medication;
26                (ii) the person does not have a pattern of



HB3896- 39 -LRB103 27292 AWJ 53663 b

1            running away or disappearing;
2                (iii) the person may have been abducted by a
3            non-custodial parent;
4                (iv) the person is mentally impaired,
5            including, but not limited to, a person having a
6            developmental disability, as defined in Section
7            1-106 of the Mental Health and Developmental
8            Disabilities Code, or a person having an
9            intellectual disability, as defined in Section
10            1-116 of the Mental Health and Developmental
11            Disabilities Code;
12                (v) the person is under the age of 21;
13                (vi) the person has been the subject of past
14            threats or acts of violence;
15                (vii) the person has eloped from a nursing
16            home;
17        (G-5) the person is a veteran or active duty member of
18    the United States Armed Forces, the National Guard, or any
19    reserve component of the United States Armed Forces who is
20    believed to have a physical or mental health condition
21    that is related to his or her service; or
22        (G-6) the person is an endangered missing youth; or
23        (H) any other factor that may, in the judgment of the
24    law enforcement official, indicate that the missing person
25    may be at risk.
26    (b) Law enforcement risk assessment.



HB3896- 40 -LRB103 27292 AWJ 53663 b

1        (1) Upon initial receipt of a missing person report,
2    the law enforcement agency shall immediately determine
3    whether there is a basis to determine that the missing
4    person is a high-risk missing person.
5        (2) If a law enforcement agency has previously
6    determined that a missing person is not a high-risk
7    missing person, but obtains new information, it shall
8    immediately determine whether the information indicates
9    that the missing person is a high-risk missing person.
10        (3) Law enforcement agencies are encouraged to
11    establish written protocols for the handling of missing
12    person cases to accomplish the purposes of this Act.
13    (c) Law enforcement reporting.
14        (1) The responding local law enforcement agency shall
15    immediately enter all collected information relating to
16    the missing person case in the Law Enforcement Agencies
17    Data System (LEADS) and the National Crime Information
18    Center (NCIC) databases and the National Missing and
19    Unidentified Persons System (NamUs) within 45 days after
20    the receipt of the report, or in the case of (i) a
21    high-risk high risk missing person, within 30 days after
22    the receipt of the report, or (ii) an endangered missing
23    youth, immediately following the assignment of a case
24    number to the endangered missing youth case. If the DNA
25    sample submission is to a National Missing and
26    Unidentified Persons System (NamUs) partner laboratory,



HB3896- 41 -LRB103 27292 AWJ 53663 b

1    the DNA profile may be uploaded by the partner laboratory
2    to the National DNA Index System (NDIS). A packet
3    submission of all relevant reports and DNA samples may be
4    sent to the National Missing and Unidentified Persons
5    System (NamUs) within 30 days for any high-risk missing
6    person cases. The information shall be provided in
7    accordance with applicable guidelines relating to the
8    databases. The information shall be entered as follows:
9            (A) If Illinois State Police laboratories are
10        utilized in lieu of National Missing and Unidentified
11        Persons System (NamUs) partner laboratories, all
12        appropriate DNA profiles, as determined by the
13        Illinois State Police, shall be uploaded into the
14        missing person databases of the State DNA Index System
15        (SDIS) and National DNA Index System (NDIS) after
16        completion of the DNA analysis and other procedures
17        required for database entry. The responding local law
18        enforcement agency may submit any DNA samples
19        voluntarily obtained from family members to a National
20        Missing and Unidentified Persons System (NamUs)
21        partner laboratory for DNA analysis within 30 days. A
22        notation of DNA submission may be made within the
23        National Missing and Unidentified Persons System
24        (NamUs) record.
25            (B) Information relevant to the Federal Bureau of
26        Investigation's Violent Criminal Apprehension Program



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1        shall be entered as soon as possible.
2            (C) The Illinois State Police shall ensure that
3        persons entering data relating to medical or dental
4        records in State or federal databases are specifically
5        trained to understand and correctly enter the
6        information sought by these databases. The Illinois
7        State Police shall either use a person with specific
8        expertise in medical or dental records for this
9        purpose or consult with a chief medical examiner,
10        forensic anthropologist, or odontologist to ensure the
11        accuracy and completeness of information entered into
12        the State and federal databases.
13        (2) The Illinois State Police shall immediately notify
14    all law enforcement agencies within this State and the
15    surrounding region of the information that will aid in the
16    prompt location and safe return of the high-risk missing
17    person.
18        (3) The local law enforcement agencies that receive
19    the notification from the Illinois State Police shall
20    notify officers to be on the lookout for the missing
21    person or a suspected abductor.
22        (4) Pursuant to any applicable State criteria, local
23    law enforcement agencies shall also provide for the prompt
24    use of an Amber Alert in cases involving abducted
25    children; or use of the Endangered Missing Person Advisory
26    in appropriate high-risk high risk cases, or use the Be on



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1    the Lookout (BOLO) System in endangered missing youth
2    cases;
3        (5) In cases where the Be on the Lookout (BOLO) System
4    has been triggered for an endangered missing youth, the
5    Missing Persons Action Network or similar volunteer
6    network must assign a liaison responsible for reaching out
7    to the family and assisting law enforcement and the family
8    in finding the endangered missing youth, as well as
9    putting the family in contact with the organization's
10    network of investigators.
11(Source: P.A. 101-81, eff. 7-12-19; 101-266, eff. 1-1-21;
12102-538, eff. 8-20-21.)
13    Section 25. The Counties Code is amended by changing
14Section 5-1090 as follows:
15    (55 ILCS 5/5-1090)  (from Ch. 34, par. 5-1090)
16    Sec. 5-1090. Missing Runaway or homeless youths. A county
17board may annually appropriate funds to private nonprofit
18organizations for the purpose of providing services to missing
19runaway or homeless youths and their families. The services
20may include temporary shelter, food, clothing, medical care,
21transportation, individual and family counseling, and any
22other service necessary to provide adequate temporary,
23protective care for missing runaway or homeless youths, and to
24reunite the youths with their parents or guardians. For the



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1purposes of this Section, "missing runaway or homeless youth"
2means a person under the age of 18, who is absent from his
3legal residence without the consent of his parent or legal
4guardian, or who is without a place of shelter where
5supervision and care are available.
6(Source: P.A. 86-962.)
7    Section 30. The Township Code is amended by changing
8Section 215-15 as follows:
9    (60 ILCS 1/215-15)
10    Sec. 215-15. Missing Runaway or homeless youths. The
11township board annually may appropriate funds to private
12nonprofit organizations for the purpose of providing services
13to missing runaway or homeless youths and their families. The
14services may include temporary shelter, food, clothing,
15medical care, transportation, individual and family
16counseling, and any other service necessary to provide
17adequate temporary, protective care for missing runaway or
18homeless youths and to reunite the youths with their parents
19or guardians. For purposes of this Section, "missing runaway
20or homeless youth" means a person under the age of 18 years who
21is absent from his legal residence without the consent of his
22parent or legal guardian or who is without a place of shelter
23where supervision and care are available.
24(Source: P.A. 83-1284; 88-62.)



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1    Section 35. The Illinois Municipal Code is amended by
2changing Section 11-5.2-3 as follows:
3    (65 ILCS 5/11-5.2-3)  (from Ch. 24, par. 11-5.2-3)
4    Sec. 11-5.2-3. The corporate authorities of a municipality
5annually may appropriate funds to private nonprofit
6organizations for the purpose of providing services to missing
7runaway or homeless youths and their families. Such services
8may include temporary shelter, food, clothing, medical care,
9transportation, individual and family counseling, and any
10other service necessary to provide adequate temporary,
11protective care for missing runaway or homeless youths, and to
12reunite the youths with their parents or guardians. For the
13purposes of this Section, "missing runaway or homeless youth"
14means a person under the age of 18 years who is absent from his
15legal residence without the consent of his parent or legal
16guardian, or who is without a place of shelter where
17supervision and care are available.
18(Source: P.A. 83-1284.)
19    Section 40. The Intergovernmental Missing Child Recovery
20Act of 1984 is amended by changing Sections 3, 6, and 7 as
22    (325 ILCS 40/3)  (from Ch. 23, par. 2253)



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1    Sec. 3. The Illinois State Police shall establish a State
2Missing Persons Clearinghouse as a resource to promote an
3immediate and effective community response to missing children
4and may engage in, but shall not be limited to, the following
6    (a) To establish and conduct programs to educate parents,
7children and communities in ways to prevent the abduction of
9    (b) To conduct training programs and distribute materials
10providing guidelines for children when dealing with strangers,
11casual acquaintances, or non-custodial parents, in order to
12avoid abduction or kidnapping situations.
13    (c) To compile, maintain and make available data upon the
14request of law enforcement agencies and other entities deemed
15appropriate by the Illinois State Police to assist enforcement
16agencies in recovering missing children, including but not
17limited to data regarding the places of shelter commonly used
18by missing runaway children in a requested geographical area.
19    (d) To draft and implement plans for the most efficient
20use of available resources to publicize information regarding
21missing children.
22    (e) To establish and maintain contacts with other state
23missing persons clearinghouses, law enforcement agencies, and
24missing persons non-profit organizations in order to increase
25the probability of locating and returning missing children,
26and to otherwise assist in the recovery and tracking of



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1missing children.
2    (f) To coordinate the tracking and recovery of children
3under the custody or guardianship of the Department of
4Children and Family Services whose disappearance has been
5reported and to produce an annual report indicating the number
6of children under the custody or guardianship of that
7Department who have been reported missing and the number who
8have been recovered.
9    (g) To conduct other activities as may be necessary to
10achieve the goals established by this Act.
11(Source: P.A. 102-538, eff. 8-20-21.)
12    (325 ILCS 40/6)  (from Ch. 23, par. 2256)
13    Sec. 6. The Illinois State Police shall:
14    (a) Utilize the statewide Law Enforcement Agencies Data
15System (LEADS) for the purpose of effecting an immediate law
16enforcement response to reports of missing children. The
17Illinois State Police shall implement an automated data
18exchange system to compile, to maintain and to make available
19for dissemination to Illinois and out-of-State law enforcement
20agencies, data which can assist appropriate agencies in
21recovering missing children.
22    (b) Establish contacts and exchange information regarding
23lost or , missing or runaway children with nationally
24recognized "missing person and runaway" service organizations
25and monitor national research and publicize important



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2    (c) Provide a uniform reporting format for the entry of
3pertinent information regarding reports of missing children
4into LEADS.
5    (d) Develop and implement a policy whereby a statewide or
6regional alert would be used in situations relating to the
7disappearances of children, based on criteria and in a format
8established by the Illinois State Police. Such a format shall
9include, but not be limited to, the age and physical
10description of the missing child and the suspected
11circumstances of the disappearance.
12    (e) Notify all law enforcement agencies that reports of
13missing persons shall be entered as soon as the minimum level
14of data specified by the Illinois State Police is available to
15the reporting agency and that no waiting period for entry of
16such data exists.
17    (f) Provide a procedure for prompt confirmation of the
18receipt and entry of the missing child report into LEADS to the
19parent or guardian of the missing child.
20    (g) Compile and retain information regarding missing
21children in a separate data file, in a manner that allows such
22information to be used by law enforcement and other agencies
23deemed appropriate by the Director, for investigative
24purposes. Such files shall be updated to reflect and include
25information relating to the disposition of the case.
26    (h) Compile and maintain an historic data repository



HB3896- 49 -LRB103 27292 AWJ 53663 b

1relating to missing children in order (1) to develop and
2improve techniques utilized by law enforcement agencies when
3responding to reports of missing children and (2) to provide a
4factual and statistical base for research that would address
5the problem of missing children.
6    (i) Create a quality control program to monitor timeliness
7of entries of missing children reports into LEADS and conduct
8performance audits of all entering agencies.
9    (j) Prepare a periodic information bulletin concerning
10missing children who it determines may be present in this
11State, compiling such bulletin from information contained in
12both the National Crime Information Center computer and from
13reports, alerts and other information entered into LEADS or
14otherwise compiled and retained by the Illinois State Police
15pursuant to this Act. The bulletin shall indicate the name,
16age, physical description, suspected circumstances of
17disappearance if that information is available, a photograph
18if one is available, the name of the law enforcement agency
19investigating the case, and such other information as the
20Director considers appropriate concerning each missing child
21who the Illinois State Police determines may be present in
22this State. The Illinois State Police shall send a copy of each
23periodic information bulletin to the State Board of Education
24for its use in accordance with Section 2-3.48 of the School
25Code. The Illinois State Police shall provide a copy of the
26bulletin, upon request, to law enforcement agencies of this or



HB3896- 50 -LRB103 27292 AWJ 53663 b

1any other state or of the federal government, and may provide a
2copy of the bulletin, upon request, to other persons or
3entities, if deemed appropriate by the Director, and may
4establish limitations on its use and a reasonable fee for so
5providing the same, except that no fee shall be charged for
6providing the periodic information bulletin to the State Board
7of Education, appropriate units of local government, State
8agencies, or law enforcement agencies of this or any other
9state or of the federal government.
10    (k) Provide for the entry into LEADS of the names and
11addresses of sex offenders as defined in the Sex Offender
12Registration Act who are required to register under that Act.
13The information shall be immediately accessible to law
14enforcement agencies and peace officers of this State or any
15other state or of the federal government. Similar information
16may be requested from any other state or of the federal
17government for purposes of this Act.
18    (l) Provide for the entry into LEADS of the names and
19addresses of violent offenders against youth as defined in the
20Murderer and Violent Offender Against Youth Registration Act
21who are required to register under that Act. The information
22shall be immediately accessible to law enforcement agencies
23and peace officers of this State or any other state or of the
24federal government. Similar information may be requested from
25any other state or of the federal government for purposes of
26this Act.



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1(Source: P.A. 102-538, eff. 8-20-21.)
2    (325 ILCS 40/7)  (from Ch. 23, par. 2257)
3    Sec. 7. (a) All law enforcement agencies and policing
4bodies of this State shall, upon receipt of a report of a
5missing person, enter that report into LEADS as soon as the
6minimum level of data specified pursuant to subsection (e) of
7Section 6 is available and shall furnish the Illinois State
8Police, in the form and detail the Illinois State Police
9requires, (1) reports of cases of lost or , missing or runaway
10children as they arise and the disposition of such cases, (2)
11information relating to sex crimes which occurred in their
12respective jurisdictions and which they investigated, and (3)
13the names and addresses of sex offenders required to register
14in their respective jurisdictions under the Sex Offender
15Registration Act. Such information shall be submitted on a
16regular basis, as deemed necessary by the Illinois State
17Police, and shall be kept in a central automated data
18repository for the purpose of establishing profiles of sex
19offenders and victims and to assist all law enforcement
20agencies in the identification and apprehension of sex
22    (b) In addition to entering the report of a missing child
23into LEADS as prescribed by subsection (a), all law
24enforcement agencies shall, upon receipt of a report of a
25missing child:



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1        (1) Immediately make a radio dispatch to officers on
2    duty at the time of receipt of the report. The dispatch
3    shall contain the name and approximate age of the missing
4    child and any other pertinent information available at
5    that time. In the event that the law enforcement agency
6    receiving the report of the missing child does not operate
7    a radio dispatch system, a geographically appropriate
8    radio dispatch system shall be used, such as the Illinois
9    State Police Emergency Radio Network or a similar
10    multi-agency law enforcement radio communication system
11    serving the area of the reporting agency.
12        In addition, in the event that a missing child is not
13    recovered during the work shift in which the radio
14    dispatch was made, the law enforcement agency receiving
15    the report of the missing child shall disseminate the
16    information relating to the missing child to all sworn
17    personnel employed by the agency who work or are assigned
18    to other shifts or time periods.
19        (2) Immediately contact State Missing Persons
20    Clearinghouse personnel designated by the Illinois State
21    Police, by a means and in a manner and form prescribed by
22    the Illinois State Police, informing the personnel of the
23    report of the missing child.
24(Source: P.A. 102-538, eff. 8-20-21.)
25    Section 45. The Missing Children Records Act is amended by



HB3896- 53 -LRB103 27292 AWJ 53663 b

1changing Section 1 as follows:
2    (325 ILCS 50/1)  (from Ch. 23, par. 2281)
3    Sec. 1. Definitions. As used in this Act, unless the
4context requires otherwise:
5    (a) "Custodian" means the State Registrar of Vital
6Records, local registrars of vital records appointed by the
7State Registrar and county clerks.
8    (b) (Blank).
9    (c) "Missing person" means a person 17 years old or
10younger reported to any law enforcement authority as abducted,
11lost, or missing a runaway.
12    (d) "Registrar" means the State Registrar of Vital
14(Source: P.A. 102-538, eff. 8-20-21.)
15    Section 50. The Missing Children Registration Law is
16amended by changing Section 1 as follows:
17    (325 ILCS 55/1)  (from Ch. 23, par. 2271)
18    Sec. 1. Definitions. As used in this Article, unless the
19context requires otherwise:
20    (a) "Custodian" means the State Registrar of Vital
21Records, local registrars of vital records appointed by the
22State Registrar and county clerks.
23    (b) (Blank).



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1    (c) "Missing child" means a person under the age of 18
2years, reported to any law enforcement authority as abducted,
3lost, or missing a runaway, whose identity is entered into the
4Law Enforcement Agencies Data System.
5    (d) "Registrar" means the State Registrar of Vital
7(Source: P.A. 102-538, eff. 8-20-21.)