Full Text of HB0692 102nd General Assembly
HB0692enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Child Care Act of 1969 is amended by | 5 | | changing Section 2.17 and by adding Section 3.6 as follows:
| 6 | | (225 ILCS 10/2.17) (from Ch. 23, par. 2212.17)
| 7 | | Sec. 2.17.
"Foster family home" means a facility for child | 8 | | care in
residences of families who receive no more than 6 | 9 | | children unrelated to them,
unless all the children are of | 10 | | common parentage, or residences of relatives who
receive no | 11 | | more than 6 related children placed by the Department, unless | 12 | | the
children are of common parentage, for the purpose of | 13 | | providing family care and
training for the children on a | 14 | | full-time basis, except the Director of Children
and Family | 15 | | Services, pursuant to Department regulations, may waive the | 16 | | numerical limitation of foster children who may be cared for | 17 | | in a foster family home for any of the following reasons to | 18 | | allow: (1) a parenting youth in foster care to remain with the | 19 | | child of the parenting youth; (2) siblings to remain together; | 20 | | (3) a child with an established meaningful relationship with | 21 | | the family to remain with the family; or (4) a family with | 22 | | special training or skills to provide care to a child who has a | 23 | | severe disability. The family's or relative's own children,
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| 1 | | under 18 years of age, shall be included in determining the
| 2 | | maximum number of children served. For purposes of this | 3 | | Section, a "relative"
includes any person, 21 years of age or | 4 | | over, other than the parent, who (i) is
currently related to | 5 | | the child in any of the following ways by blood or
adoption: | 6 | | grandparent, sibling, great-grandparent, uncle, aunt, nephew, | 7 | | niece,
first cousin, great-uncle, or great-aunt; or (ii) is | 8 | | the spouse of such a
relative; or (iii) is a child's | 9 | | step-father, step-mother, or adult step-brother
or | 10 | | step-sister; or (iv) is a fictive kin; "relative" also | 11 | | includes a person related in any of the
foregoing ways to a | 12 | | sibling of a child, even though the person is not related
to | 13 | | the child, when the child and its sibling are placed together | 14 | | with that
person. For purposes of placement of children | 15 | | pursuant to Section 7 of the Children and Family Services Act | 16 | | and for purposes of licensing requirements set forth in | 17 | | Section 4 of this Act, for children under the custody or | 18 | | guardianship of the Department pursuant to the Juvenile Court | 19 | | Act of 1987, after a parent signs a consent, surrender, or | 20 | | waiver or after a parent's rights are otherwise terminated, | 21 | | and while the child remains in the custody or guardianship of | 22 | | the Department, the child is considered to be related to those | 23 | | to whom the child was related under this Section prior to the | 24 | | signing of the consent, surrender, or waiver or the order of | 25 | | termination of parental rights. The term "foster family home" | 26 | | includes homes receiving children from
any State-operated |
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| 1 | | institution for child care; or from any agency established
by | 2 | | a municipality or other political subdivision of the State of | 3 | | Illinois
authorized to provide care for children outside their | 4 | | own homes. The term
"foster family home" does not include an | 5 | | "adoption-only home" as defined in
Section 2.23 of this Act. | 6 | | The types of
foster family homes are defined as follows:
| 7 | | (a) "Boarding home" means a foster family home which | 8 | | receives payment
for regular full-time care of a child or | 9 | | children.
| 10 | | (b) "Free home" means a foster family home other than | 11 | | an adoptive home
which does not receive payments for the | 12 | | care of a child or children.
| 13 | | (c) "Adoptive home" means a foster family home which | 14 | | receives a child or
children for the purpose of adopting | 15 | | the child or children, but does not include an | 16 | | adoption-only home.
| 17 | | (d) "Work-wage home" means a foster family home which | 18 | | receives a child
or children who pay part or all of their | 19 | | board by rendering some services
to the family not | 20 | | prohibited by the Child Labor Law or by standards or
| 21 | | regulations of the Department prescribed under this Act. | 22 | | The child or
children may receive a wage in connection | 23 | | with the services rendered the
foster family.
| 24 | | (e) "Agency-supervised home" means a foster family | 25 | | home under the direct
and regular supervision of a | 26 | | licensed child welfare agency, of the
Department of |
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| 1 | | Children and Family Services, of a circuit court, or of | 2 | | any
other State agency which has authority to place | 3 | | children in child care
facilities, and which receives no | 4 | | more than 8 children, unless of common
parentage, who are | 5 | | placed and are regularly supervised by one of the
| 6 | | specified agencies.
| 7 | | (f) "Independent home" means a foster family home, | 8 | | other than an
adoptive home, which receives no more than 4 | 9 | | children, unless of common
parentage, directly from | 10 | | parents, or other legally responsible persons, by
| 11 | | independent arrangement and which is not subject to direct | 12 | | and regular
supervision of a specified agency except as | 13 | | such supervision pertains to
licensing by the Department.
| 14 | | (g) "Host home" means an emergency foster family home | 15 | | under the direction and regular supervision of a licensed | 16 | | child welfare agency, contracted to provide short-term | 17 | | crisis intervention services to youth served under the | 18 | | Comprehensive Community-Based Youth Services program, | 19 | | under the direction of the Department of Human Services. | 20 | | The youth shall not be under the custody or guardianship | 21 | | of the Department pursuant to the Juvenile Court Act of | 22 | | 1987. | 23 | | (Source: P.A. 101-63, eff. 7-12-19.)
| 24 | | (225 ILCS 10/3.6 new) | 25 | | Sec. 3.6. Licenses for host homes. The Department shall |
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| 1 | | develop an appropriate licensing and monitoring system that | 2 | | recognizes the unique population and programming for youth | 3 | | served by the Comprehensive Community-Based Youth Services | 4 | | program. The Department shall maintain licensing staff who are | 5 | | knowledgeable of Comprehensive Community-Based Youth Services | 6 | | program standards, as set forth by the Department of Human | 7 | | Services. The Department of Human Services shall be solely | 8 | | responsible for the development and implementation of a | 9 | | training curriculum for host homes that recognizes the unique | 10 | | population and programming of youth served in Comprehensive | 11 | | Community-Based Youth Services. Host homes licensed by the | 12 | | Department shall not be utilized for a child who is a youth in | 13 | | care as defined in Section 4d of the Children and Family | 14 | | Services Act.
| 15 | | Section 99. Effective date. This Act takes effect July 1, | 16 | | 2022.
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