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20 ILCS 505/5
(20 ILCS 505/5)
(from Ch. 23, par. 5005)
Direct child welfare services; Department of Children and Family
To provide direct child welfare services when not available
through other public or private child care or program facilities.
(a) For purposes of this Section:
(1) "Children" means persons found within the State
who are under the age of 18 years. The term also includes persons under age 21 who:
(A) were committed to the Department pursuant to
the Juvenile Court Act or the Juvenile Court Act of 1987 and who continue under the jurisdiction of the court; or
(B) were accepted for care, service and training
by the Department prior to the age of 18 and whose best interest in the discretion of the Department would be served by continuing that care, service and training because of severe emotional disturbances, physical disability, social adjustment or any combination thereof, or because of the need to complete an educational or vocational training program.
(2) "Homeless youth" means persons found within the
State who are under the age of 19, are not in a safe and stable living situation and cannot be reunited with their families.
(3) "Child welfare services" means public social
services which are directed toward the accomplishment of the following purposes:
(A) protecting and promoting the health, safety
and welfare of children, including homeless, dependent, or neglected children;
(B) remedying, or assisting in the solution of
problems which may result in, the neglect, abuse, exploitation, or delinquency of children;
(C) preventing the unnecessary separation of
children from their families by identifying family problems, assisting families in resolving their problems, and preventing the breakup of the family where the prevention of child removal is desirable and possible when the child can be cared for at home without endangering the child's health and safety;
(D) restoring to their families children who have
been removed, by the provision of services to the child and the families when the child can be cared for at home without endangering the child's health and safety;
(E) placing children in suitable adoptive homes,
in cases where restoration to the biological family is not safe, possible, or appropriate;
(F) assuring safe and adequate care of children
away from their homes, in cases where the child cannot be returned home or cannot be placed for adoption. At the time of placement, the Department shall consider concurrent planning, as described in subsection (l-1) of this Section so that permanency may occur at the earliest opportunity. Consideration should be given so that if reunification fails or is delayed, the placement made is the best available placement to provide permanency for the child;
(H) (blank); and
(I) placing and maintaining children in
facilities that provide separate living quarters for children under the age of 18 and for children 18 years of age and older, unless a child 18 years of age is in the last year of high school education or vocational training, in an approved individual or group treatment program, in a licensed shelter facility, or secure child care facility. The Department is not required to place or maintain children:
(i) who are in a foster home, or
(ii) who are persons with a developmental
disability, as defined in the Mental Health and Developmental Disabilities Code, or
(iii) who are female children who are
pregnant, pregnant and parenting, or parenting, or
(iv) who are siblings, in facilities that
provide separate living quarters for children 18 years of age and older and for children under 18 years of age.
(c) The Department shall establish and maintain tax-supported child
welfare services and extend and seek to improve voluntary services
throughout the State, to the end that services and care shall be available
on an equal basis throughout the State to children requiring such services.
(d) The Director may authorize advance disbursements for any new program
initiative to any agency contracting with the Department. As a
prerequisite for an advance disbursement, the contractor must post a
surety bond in the amount of the advance disbursement and have a
purchase of service contract approved by the Department. The Department
may pay up to 2 months operational expenses in advance. The amount of the
advance disbursement shall be prorated over the life of the contract
or the remaining months of the fiscal year, whichever is less, and the
installment amount shall then be deducted from future bills. Advance
disbursement authorizations for new initiatives shall not be made to any
agency after that agency has operated during 2 consecutive fiscal years.
The requirements of this Section concerning advance disbursements shall
not apply with respect to the following: payments to local public agencies
for child day care services as authorized by Section 5a of this Act; and
youth service programs receiving grant funds under Section 17a-4.
(g) The Department shall establish rules and regulations concerning
its operation of programs designed to meet the goals of child safety and
family preservation, family reunification, and adoption, including, but not
(2) foster care;
(3) family counseling;
(4) protective services;
(6) homemaker service;
(7) return of runaway children;
(9) placement under Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile Court Act of 1987 in accordance with the federal Adoption Assistance and Child Welfare Act of 1980; and
(10) interstate services.
Rules and regulations established by the Department shall include
provisions for training Department staff and the staff of Department
grantees, through contracts with other agencies or resources, in screening techniques to identify substance use disorders, as defined in the Substance Use Disorder Act, approved by the Department of Human
Services, as a successor to the Department of Alcoholism and Substance Abuse,
for the purpose of identifying children and adults who
should be referred for an assessment at an organization appropriately licensed by the Department of Human Services for substance use disorder treatment.
(h) If the Department finds that there is no appropriate program or
facility within or available to the Department for a youth in care and that no
licensed private facility has an adequate and appropriate program or none
agrees to accept the youth in care, the Department shall create an appropriate
individualized, program-oriented plan for such youth in care. The
plan may be developed within the Department or through purchase of services
by the Department to the extent that it is within its statutory authority
(i) Service programs shall be available throughout the State and shall
include but not be limited to the following services:
(1) case management;
(4) parent education;
(5) day care; and
(6) emergency assistance and advocacy.
In addition, the following services may be made available to assess and
meet the needs of children and families:
(1) comprehensive family-based services;
(3) respite care; and
(4) in-home health services.
The Department shall provide transportation for any of the services it
makes available to children or families or for which it refers children
(j) The Department may provide categories of financial assistance and
education assistance grants, and shall
establish rules and regulations concerning the assistance and grants, to
adopt children with physical or mental disabilities, children who are older, or other hard-to-place
children who (i) immediately prior to their adoption were youth in care or (ii) were determined eligible for financial assistance with respect to a
prior adoption and who become available for adoption because the
prior adoption has been dissolved and the parental rights of the adoptive
parents have been
terminated or because the child's adoptive parents have died.
The Department may continue to provide financial assistance and education assistance grants for a child who was determined eligible for financial assistance under this subsection (j) in the interim period beginning when the child's adoptive parents died and ending with the finalization of the new adoption of the child by another adoptive parent or parents. The Department may also provide categories of financial
assistance and education assistance grants, and
shall establish rules and regulations for the assistance and grants, to persons
appointed guardian of the person under Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile Court Act of 1987
for children who were youth in care for 12 months immediately
prior to the appointment of the guardian.
The amount of assistance may vary, depending upon the needs of the child
and the adoptive parents,
as set forth in the annual
assistance agreement. Special purpose grants are allowed where the child
requires special service but such costs may not exceed the amounts
which similar services would cost the Department if it were to provide or
secure them as guardian of the child.
Any financial assistance provided under this subsection is
inalienable by assignment, sale, execution, attachment, garnishment, or any
other remedy for recovery or collection of a judgment or debt.
(j-5) The Department shall not deny or delay the placement of a child for
if an approved family is available either outside of the Department region
handling the case,
or outside of the State of Illinois.
(k) The Department shall accept for care and training any child who has
been adjudicated neglected or abused, or dependent committed to it pursuant
to the Juvenile Court Act or the Juvenile Court Act of 1987.
(l) The Department shall
offer family preservation services, as defined in Section 8.2 of the Abused
Reporting Act, to help families, including adoptive and extended families.
services shall be offered (i) to prevent the
of children in
substitute care when the children can be cared for at home or in the custody of
responsible for the children's welfare,
reunite children with their families, or (iii) to
maintain an adoptive placement. Family preservation services shall only be
offered when doing so will not endanger the children's health or safety. With
respect to children who are in substitute care pursuant to the Juvenile Court
Act of 1987, family preservation services shall not be offered if a goal other
than those of subdivisions (A), (B), or (B-1) of subsection (2) of Section 2-28
that Act has been set, except that reunification services may be offered as provided in paragraph (F) of subsection (2) of Section 2-28 of that Act.
Nothing in this paragraph shall be construed to create a private right of
action or claim on the part of any individual or child welfare agency, except that when a child is the subject of an action under Article II of the Juvenile Court Act of 1987 and the child's service plan calls for services to facilitate achievement of the permanency goal, the court hearing the action under Article II of the Juvenile Court Act of 1987 may order the Department to provide the services set out in the plan, if those services are not provided with reasonable promptness and if those services are available.
The Department shall notify the child and his family of the
responsibility to offer and provide family preservation services as
identified in the service plan. The child and his family shall be eligible
for services as soon as the report is determined to be "indicated". The
Department may offer services to any child or family with respect to whom a
report of suspected child abuse or neglect has been filed, prior to
concluding its investigation under Section 7.12 of the Abused and Neglected
Child Reporting Act. However, the child's or family's willingness to
accept services shall not be considered in the investigation. The
Department may also provide services to any child or family who is the
subject of any report of suspected child abuse or neglect or may refer such
child or family to services available from other agencies in the community,
even if the report is determined to be unfounded, if the conditions in the
child's or family's home are reasonably likely to subject the child or
family to future reports of suspected child abuse or neglect. Acceptance
of such services shall be voluntary. The Department may also provide services to any child or family after completion of a family assessment, as an alternative to an investigation, as provided under the "differential response program" provided for in subsection (a-5) of Section 7.4 of the Abused and Neglected Child Reporting Act.
The Department may, at its discretion except for those children also
adjudicated neglected or dependent, accept for care and training any child
who has been adjudicated addicted, as a truant minor in need of
supervision or as a minor requiring authoritative intervention, under the
Juvenile Court Act or the Juvenile Court Act of 1987, but no such child
shall be committed to the Department by any court without the approval of
the Department. On and after January 1, 2015 (the effective date of Public Act 98-803) and before January 1, 2017, a minor charged with a criminal offense under the Criminal
Code of 1961 or the Criminal Code of 2012 or adjudicated delinquent shall not be placed in the custody of or
committed to the Department by any court, except (i) a minor less than 16 years
of age committed to the Department under Section 5-710 of the Juvenile Court
of 1987, (ii) a minor for whom an independent basis of abuse, neglect, or dependency exists, which must be defined by departmental rule, or (iii) a minor for whom the court has granted a supplemental petition to reinstate wardship pursuant to subsection (2) of Section 2-33 of the Juvenile Court Act of 1987. On and after January 1, 2017, a minor charged with a criminal offense under the Criminal
Code of 1961 or the Criminal Code of 2012 or adjudicated delinquent shall not be placed in the custody of or
committed to the Department by any court, except (i) a minor less than 15 years
of age committed to the Department under Section 5-710 of the Juvenile Court
of 1987, ii) a minor for whom an independent basis of abuse, neglect, or dependency exists, which must be defined by departmental rule, or (iii) a minor for whom the court has granted a supplemental petition to reinstate wardship pursuant to subsection (2) of Section 2-33 of the Juvenile Court Act of 1987. An independent basis exists when the allegations or adjudication of abuse, neglect, or dependency do not arise from the same facts, incident, or circumstances which give rise to a charge or adjudication of delinquency. The Department shall
assign a caseworker to attend any hearing involving a youth in
the care and custody of the Department who is placed on aftercare release, including hearings
involving sanctions for violation of aftercare release
conditions and aftercare release revocation hearings.
As soon as is possible after August 7, 2009 (the effective date of Public Act 96-134), the Department shall develop and implement a special program of family preservation services to support intact, foster, and adoptive families who are experiencing extreme hardships due to the difficulty and stress of caring for a child who has been diagnosed with a pervasive developmental disorder if the Department determines that those services are necessary to ensure the health and safety of the child. The Department may offer services to any family whether or not a report has been filed under the Abused and Neglected Child Reporting Act. The Department may refer the child or family to services available from other agencies in the community if the conditions in the child's or family's home are reasonably likely to subject the child or family to future reports of suspected child abuse or neglect. Acceptance of these services shall be voluntary. The Department shall develop and implement a public information campaign to alert health and social service providers and the general public about these special family preservation services. The nature and scope of the services offered and the number of families served under the special program implemented under this paragraph shall be determined by the level of funding that the Department annually allocates for this purpose. The term "pervasive developmental disorder" under this paragraph means a neurological condition, including, but not limited to, Asperger's Syndrome and autism, as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association.
(l-1) The legislature recognizes that the best interests of the child
the child be placed in the most permanent living arrangement as soon as is
possible. To achieve this goal, the legislature directs the Department of
Family Services to conduct concurrent planning so that permanency may occur at
earliest opportunity. Permanent living arrangements may include prevention of
placement of a child outside the home of the family when the child can be cared
home without endangering the child's health or safety; reunification with the
when safe and appropriate, if temporary placement is necessary; or movement of
toward the most permanent living arrangement and permanent legal status.
When determining reasonable efforts to be made with respect to a child, as
described in this
subsection, and in making such reasonable efforts, the child's health and
safety shall be the
When a child is placed in foster care, the Department shall ensure and
document that reasonable efforts were made to prevent or eliminate the need to
remove the child from the child's home. The Department must make
reasonable efforts to reunify the family when temporary placement of the child
unless otherwise required, pursuant to the Juvenile Court Act of 1987.
At any time after the dispositional hearing where the Department believes
that further reunification services would be ineffective, it may request a
finding from the court that reasonable efforts are no longer appropriate. The
Department is not required to provide further reunification services after such
A decision to place a child in substitute care shall be made with
considerations of the child's health, safety, and best interests. At the
time of placement, consideration should also be given so that if reunification
fails or is delayed, the placement made is the best available placement to
provide permanency for the child.
The Department shall adopt rules addressing concurrent planning for
reunification and permanency. The Department shall consider the following
factors when determining appropriateness of concurrent planning:
(1) the likelihood of prompt reunification;
(2) the past history of the family;
(3) the barriers to reunification being addressed by
(4) the level of cooperation of the family;
(5) the foster parents' willingness to work with the
(6) the willingness and ability of the foster family
to provide an adoptive home or long-term placement;
(7) the age of the child;
(8) placement of siblings.
(m) The Department may assume temporary custody of any child if:
(1) it has received a written consent to such
temporary custody signed by the parents of the child or by the parent having custody of the child if the parents are not living together or by the guardian or custodian of the child if the child is not in the custody of either parent, or
(2) the child is found in the State and neither a
parent, guardian nor custodian of the child can be located.
If the child is found in his or her residence without a parent, guardian,
custodian, or responsible caretaker, the Department may, instead of removing
the child and assuming temporary custody, place an authorized
representative of the Department in that residence until such time as a
parent, guardian, or custodian enters the home and expresses a willingness
and apparent ability to ensure the child's health and safety and resume
charge of the child, or until a
relative enters the home and is willing and able to ensure the child's health
safety and assume charge of the
child until a parent, guardian, or custodian enters the home and expresses
such willingness and ability to ensure the child's safety and resume
permanent charge. After a caretaker has remained in the home for a period not
to exceed 12 hours, the Department must follow those procedures outlined in
Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile Court Act
The Department shall have the authority, responsibilities and duties that
a legal custodian of the child would have pursuant to subsection (9) of
Section 1-3 of the Juvenile Court Act of 1987. Whenever a child is taken
into temporary custody pursuant to an investigation under the Abused and
Neglected Child Reporting Act, or pursuant to a referral and acceptance
under the Juvenile Court Act of 1987 of a minor in limited custody, the
Department, during the period of temporary custody and before the child
is brought before a judicial officer as required by Section 2-9, 3-11,
4-8, or 5-415 of the Juvenile Court Act of 1987, shall have
the authority, responsibilities and duties that a legal custodian of the child
would have under subsection (9) of Section 1-3 of the Juvenile Court Act of
The Department shall ensure that any child taken into custody
is scheduled for an appointment for a medical examination.
A parent, guardian, or custodian of a child in the temporary custody of the
Department who would have custody of the child if he were not in the
temporary custody of the Department may deliver to the Department a signed
request that the Department surrender the temporary custody of the child.
The Department may retain temporary custody of the child for 10 days after
the receipt of the request, during which period the Department may cause to
be filed a petition pursuant to the Juvenile Court Act of 1987. If a
petition is so filed, the Department shall retain temporary custody of the
child until the court orders otherwise. If a petition is not filed within
the 10-day period, the child shall be surrendered to the custody of the
requesting parent, guardian, or custodian not later than the expiration of
the 10-day period, at which time the authority and duties of the Department
with respect to the temporary custody of the child shall terminate.
(m-1) The Department may place children under 18 years of age in a secure
child care facility licensed by the Department that cares for children who are
in need of secure living arrangements for their health, safety, and well-being
after a determination is made by the facility director and the Director or the
Director's designate prior to admission to the facility subject to Section
2-27.1 of the Juvenile Court Act of 1987. This subsection (m-1) does not apply
to a child who is subject to placement in a correctional facility operated
pursuant to Section 3-15-2 of the Unified Code of Corrections, unless the
child is a youth in care who was placed in the care of the Department before being
subject to placement in a correctional facility and a court of competent
jurisdiction has ordered placement of the child in a secure care facility.
(n) The Department may place children under 18 years of age in
licensed child care facilities when in the opinion of the Department,
appropriate services aimed at family preservation have been unsuccessful and
cannot ensure the child's health and safety or are unavailable and such
placement would be for their best interest. Payment
for board, clothing, care, training and supervision of any child placed in
a licensed child care facility may be made by the Department, by the
parents or guardians of the estates of those children, or by both the
Department and the parents or guardians, except that no payments shall be
made by the Department for any child placed in a licensed child care
facility for board, clothing, care, training and supervision of such a
child that exceed the average per capita cost of maintaining and of caring
for a child in institutions for dependent or neglected children operated by
the Department. However, such restriction on payments does not apply in
cases where children require specialized care and treatment for problems of
severe emotional disturbance, physical disability, social adjustment, or
any combination thereof and suitable facilities for the placement of such
children are not available at payment rates within the limitations set
forth in this Section. All reimbursements for services delivered shall be
absolutely inalienable by assignment, sale, attachment, or garnishment or
(n-1) The Department shall provide or authorize child welfare services, aimed at assisting minors to achieve sustainable self-sufficiency as independent adults, for any minor eligible for the reinstatement of wardship pursuant to subsection (2) of Section 2-33 of the Juvenile Court Act of 1987, whether or not such reinstatement is sought or allowed, provided that the minor consents to such services and has not yet attained the age of 21. The Department shall have responsibility for the development and delivery of services under this Section. An eligible youth may access services under this Section through the Department of Children and Family Services or by referral from the Department of Human Services. Youth participating in services under this Section shall cooperate with the assigned case manager in developing an agreement identifying the services to be provided and how the youth will increase skills to achieve self-sufficiency. A homeless shelter is not considered appropriate housing for any youth receiving child welfare services under this Section. The Department shall continue child welfare services under this Section to any eligible minor until the minor becomes 21 years of age, no longer consents to participate, or achieves self-sufficiency as identified in the minor's service plan. The Department of Children and Family Services shall create clear, readable notice of the rights of former foster youth to child welfare services under this Section and how such services may be obtained. The Department of Children and Family Services and the Department of Human Services shall disseminate this information statewide. The Department shall adopt regulations describing services intended to assist minors in achieving sustainable self-sufficiency as independent adults.
(o) The Department shall establish an administrative review and appeal
process for children and families who request or receive child welfare
services from the Department. Youth in care who are placed by private child welfare agencies, and foster families with whom
those youth are placed, shall be afforded the same procedural and appeal
rights as children and families in the case of placement by the Department,
including the right to an initial review of a private agency decision by
that agency. The Department shall ensure that any private child welfare
agency, which accepts youth in care for placement, affords those
rights to children and foster families. The Department shall accept for
administrative review and an appeal hearing a complaint made by (i) a child
or foster family concerning a decision following an initial review by a
private child welfare agency or (ii) a prospective adoptive parent who alleges
a violation of subsection (j-5) of this Section. An appeal of a decision
concerning a change in the placement of a child shall be conducted in an
expedited manner. A court determination that a current foster home placement is necessary and appropriate under Section 2-28 of the Juvenile Court Act of 1987 does not constitute a judicial determination on the merits of an administrative appeal, filed by a former foster parent, involving a change of placement decision.
(q) The Department may receive and use, in their entirety, for the
benefit of children any gift, donation, or bequest of money or other
property which is received on behalf of such children, or any financial
benefits to which such children are or may become entitled while under
the jurisdiction or care of the Department, except that the benefits described in Section 5.46 must be used and conserved consistent with the provisions under Section 5.46.
The Department shall set up and administer no-cost, interest-bearing accounts in appropriate financial institutions
for children for whom the Department is legally responsible and who have been
determined eligible for Veterans' Benefits, Social Security benefits,
assistance allotments from the armed forces, court ordered payments, parental
voluntary payments, Supplemental Security Income, Railroad Retirement
payments, Black Lung benefits, or other miscellaneous payments. Interest
earned by each account shall be credited to the account, unless
disbursed in accordance with this subsection.
In disbursing funds from children's accounts, the Department
(1) Establish standards in accordance with State and
federal laws for disbursing money from children's accounts. In all circumstances, the Department's "Guardianship Administrator" or his or her designee must approve disbursements from children's accounts. The Department shall be responsible for keeping complete records of all disbursements for each account for any purpose.
(2) Calculate on a monthly basis the amounts paid
from State funds for the child's board and care, medical care not covered under Medicaid, and social services; and utilize funds from the child's account, as covered by regulation, to reimburse those costs. Monthly, disbursements from all children's accounts, up to 1/12 of $13,000,000, shall be deposited by the Department into the General Revenue Fund and the balance over 1/12 of $13,000,000 into the DCFS Children's Services Fund.
(3) Maintain any balance remaining after reimbursing
for the child's costs of care, as specified in item (2). The balance shall accumulate in accordance with relevant State and federal laws and shall be disbursed to the child or his or her guardian, or to the issuing agency.
(r) The Department shall promulgate regulations encouraging all adoption
agencies to voluntarily forward to the Department or its agent names and
addresses of all persons who have applied for and have been approved for
adoption of a hard-to-place child or child with a disability and the names of such
children who have not been placed for adoption. A list of such names and
addresses shall be maintained by the Department or its agent, and coded
lists which maintain the confidentiality of the person seeking to adopt the
child and of the child shall be made available, without charge, to every
adoption agency in the State to assist the agencies in placing such
children for adoption. The Department may delegate to an agent its duty to
maintain and make available such lists. The Department shall ensure that
such agent maintains the confidentiality of the person seeking to adopt the
child and of the child.
(s) The Department of Children and Family Services may establish and
implement a program to reimburse Department and private child welfare
agency foster parents licensed by the Department of Children and Family
Services for damages sustained by the foster parents as a result of the
malicious or negligent acts of foster children, as well as providing third
party coverage for such foster parents with regard to actions of foster
children to other individuals. Such coverage will be secondary to the
foster parent liability insurance policy, if applicable. The program shall
be funded through appropriations from the General Revenue Fund,
specifically designated for such purposes.
(t) The Department shall perform home studies and investigations and
shall exercise supervision over visitation as ordered by a court pursuant
to the Illinois Marriage and Dissolution of Marriage Act or the Adoption
Act only if:
(1) an order entered by an Illinois court
specifically directs the Department to perform such services; and
(2) the court has ordered one or both of the parties
to the proceeding to reimburse the Department for its reasonable costs for providing such services in accordance with Department rules, or has determined that neither party is financially able to pay.
The Department shall provide written notification to the court of the
specific arrangements for supervised visitation and projected monthly costs
within 60 days of the court order. The Department shall send to the court
information related to the costs incurred except in cases where the court
has determined the parties are financially unable to pay. The court may
order additional periodic reports as appropriate.
(u) In addition to other information that must be provided, whenever the Department places a child with a prospective adoptive parent or parents, in a licensed foster home,
group home, or child care institution, or in a relative home, the Department
shall provide to the prospective adoptive parent or parents or other caretaker:
(1) available detailed information concerning the
child's educational and health history, copies of immunization records (including insurance and medical card information), a history of the child's previous placements, if any, and reasons for placement changes excluding any information that identifies or reveals the location of any previous caretaker;
(2) a copy of the child's portion of the client
service plan, including any visitation arrangement, and all amendments or revisions to it as related to the child; and
(3) information containing details of the child's
individualized educational plan when the child is receiving special education services.
The caretaker shall be informed of any known social or behavioral
information (including, but not limited to, criminal background, fire
setting, perpetuation of
sexual abuse, destructive behavior, and substance abuse) necessary to care
for and safeguard the children to be placed or currently in the home. The Department may prepare a written summary of the information required by this paragraph, which may be provided to the foster or prospective adoptive parent in advance of a placement. The foster or prospective adoptive parent may review the supporting documents in the child's file in the presence of casework staff. In the case of an emergency placement, casework staff shall at least provide known information verbally, if necessary, and must subsequently provide the information in writing as required by this subsection.
The information described in this subsection shall be provided in writing. In the case of emergency placements when time does not allow prior review, preparation, and collection of written information, the Department shall provide such information as it becomes available. Within 10 business days after placement, the Department shall obtain from the prospective adoptive parent or parents or other caretaker a signed verification of receipt of the information provided. Within 10 business days after placement, the Department shall provide to the child's guardian ad litem a copy of the information provided to the prospective adoptive parent or parents or other caretaker. The information provided to the prospective adoptive parent or parents or other caretaker shall be reviewed and approved regarding accuracy at the supervisory level.
(u-5) Effective July 1, 1995, only foster care placements licensed as
foster family homes pursuant to the Child Care Act of 1969 shall be eligible to
receive foster care payments from the Department.
Relative caregivers who, as of July 1, 1995, were approved pursuant to approved
relative placement rules previously promulgated by the Department at 89 Ill.
Adm. Code 335 and had submitted an application for licensure as a foster family
home may continue to receive foster care payments only until the Department
determines that they may be licensed as a foster family home or that their
application for licensure is denied or until September 30, 1995, whichever
(v) The Department shall access criminal history record information
as defined in the Illinois Uniform Conviction Information Act and information
maintained in the adjudicatory and dispositional record system as defined in
Section 2605-355 of the
Illinois State Police Law
if the Department determines the information is necessary to perform its duties
under the Abused and Neglected Child Reporting Act, the Child Care Act of 1969,
and the Children and Family Services Act. The Department shall provide for
interactive computerized communication and processing equipment that permits
direct on-line communication with the Illinois State Police's central
criminal history data repository. The Department shall comply with all
certification requirements and provide certified operators who have been
trained by personnel from the Illinois State Police. In addition, one
Office of the Inspector General investigator shall have training in the use of
the criminal history information access system and have
access to the terminal. The Department of Children and Family Services and its
employees shall abide by rules and regulations established by the Illinois State Police relating to the access and dissemination of
(v-1) Prior to final approval for placement of a child, the Department shall conduct a criminal records background check of the prospective foster or adoptive parent, including fingerprint-based checks of national crime information databases. Final approval for placement shall not be granted if the record check reveals a felony conviction for child abuse or neglect, for spousal abuse, for a crime against children, or for a crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery, or if there is a felony conviction for physical assault, battery, or a drug-related offense committed within the past 5 years.
(v-2) Prior to final approval for placement of a child, the Department shall check its child abuse and neglect registry for information concerning prospective foster and adoptive parents, and any adult living in the home. If any prospective foster or adoptive parent or other adult living in the home has resided in another state in the preceding 5 years, the Department shall request a check of that other state's child abuse and neglect registry.
(w) Within 120 days of August 20, 1995 (the effective date of Public Act
89-392), the Department shall prepare and submit to the Governor and the
General Assembly, a written plan for the development of in-state licensed
secure child care facilities that care for children who are in need of secure
arrangements for their health, safety, and well-being. For purposes of this
subsection, secure care facility shall mean a facility that is designed and
operated to ensure that all entrances and exits from the facility, a building
or a distinct part of the building, are under the exclusive control of the
staff of the facility, whether or not the child has the freedom of movement
within the perimeter of the facility, building, or distinct part of the
building. The plan shall include descriptions of the types of facilities that
are needed in Illinois; the cost of developing these secure care facilities;
the estimated number of placements; the potential cost savings resulting from
the movement of children currently out-of-state who are projected to be
returned to Illinois; the necessary geographic distribution of these
facilities in Illinois; and a proposed timetable for development of such
(x) The Department shall conduct annual credit history checks to determine the financial history of children placed under its guardianship pursuant to the Juvenile Court Act of 1987. The Department shall conduct such credit checks starting when a youth in care turns 12 years old and each year thereafter for the duration of the guardianship as terminated pursuant to the Juvenile Court Act of 1987. The Department shall determine if financial exploitation of the child's personal information has occurred. If financial exploitation appears to have taken place or is presently ongoing, the Department shall notify the proper law enforcement agency, the proper State's Attorney, or the Attorney General.
(y) Beginning on July 22, 2010 (the effective date of Public Act 96-1189), a child with a disability who receives residential and educational services from the Department shall be eligible to receive transition services in accordance with Article 14 of the School Code from the age of 14.5 through age 21, inclusive, notwithstanding the child's residential services arrangement. For purposes of this subsection, "child with a disability" means a child with a disability as defined by the federal Individuals with Disabilities Education Improvement Act of 2004.
(z) The Department shall access criminal history record information as defined as "background information" in this subsection and criminal history record information as defined in the Illinois Uniform Conviction Information Act for each Department employee or Department applicant. Each Department employee or Department applicant shall submit his or her fingerprints to the Illinois State Police in the form and manner prescribed by the Illinois State Police. These fingerprints shall be checked against the fingerprint records now and hereafter filed in the Illinois State Police and the Federal Bureau of Investigation criminal history records databases. The Illinois State Police shall charge a fee for conducting the criminal history record check, which shall be deposited into the State Police Services Fund and shall not exceed the actual cost of the record check. The Illinois State Police shall furnish, pursuant to positive identification, all Illinois conviction information to the Department of Children and Family Services.
For purposes of this subsection:
"Background information" means all of the following:
(i) Upon the request of the Department of Children
and Family Services, conviction information obtained from the Illinois State Police as a result of a fingerprint-based criminal history records check of the Illinois criminal history records database and the Federal Bureau of Investigation criminal history records database concerning a Department employee or Department applicant.
(ii) Information obtained by the Department of
Children and Family Services after performing a check of the Illinois State Police's Sex Offender Database, as authorized by Section 120 of the Sex Offender Community Notification Law, concerning a Department employee or Department applicant.
(iii) Information obtained by the Department of
Children and Family Services after performing a check of the Child Abuse and Neglect Tracking System (CANTS) operated and maintained by the Department.
"Department employee" means a full-time or temporary employee coded or certified within the State of Illinois Personnel System.
"Department applicant" means an individual who has conditional Department full-time or part-time work, a contractor, an individual used to replace or supplement staff, an academic intern, a volunteer in Department offices or on Department contracts, a work-study student, an individual or entity licensed by the Department, or an unlicensed service provider who works as a condition of a contract or an agreement and whose work may bring the unlicensed service provider into contact with Department clients or client records.
(Source: P.A. 101-13, eff. 6-12-19; 101-79, eff. 7-12-19; 101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-1014, eff. 5-27-22.)