State of Illinois
90th General Assembly
Legislation

   [ Search ]   [ Legislation ]   [ Bill Summary ]
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ Enrolled ]

90_HB0056eng

      20 ILCS 505/5             from Ch. 23, par. 5005
          Amends the Children and Family  Services  Act.   Requires
      the  Department  of  Children  and Family Services to provide
      information on a child's criminal background to  the  child's
      foster care providers.
                                                     LRB9000709PTcw
HB0056 Engrossed                               LRB9000709PTcw
 1        AN  ACT  to amend the Children and Family Services Act by
 2    changing Section 5.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section   5.   The  Children  and  Family Services Act is
 6    amended by changing Section 5 as follows:
 7        (20 ILCS 505/5) (from Ch. 23, par. 5005)
 8        (Text of Section before amendment by P.A. 89-507)
 9        Sec. 5.  To provide direct child  welfare  services  when
10    not  available  through other public or private child care or
11    program facilities.
12        (a)  For purposes of this Section:
13             (1)  "Children" means persons found within the State
14        who are under  the  age  of  18  years.   The  term  also
15        includes persons under age 19 who:
16                  (A)  were  committed to the Department pursuant
17             to the Juvenile Court Act or the Juvenile Court  Act
18             of  1987, as amended, prior to the age of 18 and who
19             continue under the jurisdiction of the court; or
20                  (B)  were  accepted   for  care,  service   and
21             training  by  the  Department prior to the age of 18
22             and whose best interest in  the  discretion  of  the
23             Department  would be served by continuing that care,
24             service and training  because  of  severe  emotional
25             disturbances, physical disability, social adjustment
26             or  any  combination thereof, or because of the need
27             to complete an educational  or  vocational  training
28             program.
29             (2)  "Homeless youth" means persons found within the
30        State  who are under the age of 19, are not in a safe and
31        stable living situation and cannot be reunited with their
HB0056 Engrossed            -2-                LRB9000709PTcw
 1        families.
 2             (3)  "Child welfare services"  means  public  social
 3        services  which are directed toward the accomplishment of
 4        the following purposes:
 5                  (A)  protecting and promoting  the  welfare  of
 6             children, including homeless, dependent or neglected
 7             children;
 8                  (B)  preventing  or  remedying, or assisting in
 9             the solution of problems which may  result  in,  the
10             neglect,   abuse,  exploitation  or  delinquency  of
11             children;
12                  (C)  preventing the unnecessary  separation  of
13             children  from  their families by identifying family
14             problems,  assisting  families  in  resolving  their
15             problems, and preventing the breakup of  the  family
16             where  the  prevention of child removal is desirable
17             and possible;
18                  (D)  restoring to their families  children  who
19             have  been  removed, by the provision of services to
20             the child and the families;
21                  (E)  placing  children  in  suitable   adoptive
22             homes,  in cases where restoration to the biological
23             family is not possible or appropriate;
24                  (F)  assuring adequate care  of  children  away
25             from their homes, in cases where the child cannot be
26             returned home or cannot be placed for adoption;
27                  (G)  providing  supportive  services and living
28             maintenance  which  contribute  to   the   physical,
29             emotional  and social well-being of children who are
30             pregnant and unmarried;
31                  (H)  providing shelter and  independent  living
32             services for homeless youth; and
33                  (I)  placing   and   maintaining   children  in
34             facilities that provide separate living quarters for
HB0056 Engrossed            -3-                LRB9000709PTcw
 1             children under the age of 18  and  for  children  18
 2             years  of  age and older, unless a child 18 years of
 3             age is in the last year of high school education  or
 4             vocational  training,  in  an approved individual or
 5             group treatment program, or in  a  licensed  shelter
 6             facility.    The Department is not required to place
 7             or maintain children:
 8                       (i)  who are in a foster home, or
 9                       (ii)  who are persons with a developmental
10                  disability, as defined in the Mental Health and
11                  Developmental Disabilities Code, or
12                       (iii)  who are  female  children  who  are
13                  pregnant,  pregnant and parenting or parenting,
14                  or
15                       (iv)  who are siblings,
16             in facilities that provide separate living  quarters
17             for  children  18  years  of  age  and older and for
18             children under 18 years of age.
19        (b)  Nothing  in  this  Section  shall  be  construed  to
20    authorize the expenditure of public funds for the purpose  of
21    performing abortions.
22        (c)  The   Department   shall   establish   and  maintain
23    tax-supported child welfare services and extend and  seek  to
24    improve  voluntary  services throughout the State, to the end
25    that services and care shall be available on an  equal  basis
26    throughout the State to children requiring such services.
27        (d)  The Director may authorize advance disbursements for
28    any new program initiative to any agency contracting with the
29    Department.   As a prerequisite for an advance  disbursement,
30    the  contractor  must post a surety bond in the amount of the
31    advance disbursement and have a purchase of service  contract
32    approved  by  the Department.  The Department may pay up to 2
33    months operational expenses in advance.  The  amount  of  the
34    advance  disbursement  shall be prorated over the life of the
HB0056 Engrossed            -4-                LRB9000709PTcw
 1    contract  or  the  remaining  months  of  the  fiscal   year,
 2    whichever  is  less, and the installment amount shall then be
 3    deducted   from   future   bills.     Advance    disbursement
 4    authorizations  for  new initiatives shall not be made to any
 5    agency after that agency has operated  during  2  consecutive
 6    fiscal  years.    The requirements of this Section concerning
 7    advance disbursements shall not apply  with  respect  to  the
 8    following:   payments  to local public agencies for child day
 9    care services as authorized by Section 5a of  this  Act;  and
10    youth  service  programs  receiving grant funds under Section
11    17a-4.
12        (e)  For the purpose  of  insuring  effective  state-wide
13    planning,  development,  and utilization of resources for the
14    day care of children, operated under  various  auspices,  the
15    Department  is  hereby  designated to coordinate all day care
16    activities for children of the State and shall:
17             (1)  Develop on or  before  December  1,  1977,  and
18        update  every  year  thereafter,  a  state  comprehensive
19        day-care  plan  for  submission  to  the  Governor  which
20        identifies  high-priority areas and groups, relating them
21        to  available  resources,  and   identifying   the   most
22        effective  approaches  to  the  use  of existing day care
23        services. The State comprehensive day-care plan shall  be
24        made  available  to  the  General  Assembly following the
25        Governor's approval  of the plan.
26             The plan shall include methods  and  procedures  for
27        the  development  of  additional  day  care resources for
28        children to meet  the  goal  of  reducing  short-run  and
29        long-run  dependency  and to provide necessary enrichment
30        and stimulation  to  the  education  of  young  children.
31        Recommendation  shall be made for State policy on optimum
32        use of private  and  public,  local,  state  and  federal
33        resources,  including an estimate of the resources needed
34        for the licensing and regulation of day care facilities.
HB0056 Engrossed            -5-                LRB9000709PTcw
 1             A written report shall be submitted to the  Governor
 2        and  the  General  Assembly,  annually,  on April 15, and
 3        shall include an  evaluation  of  developments  over  the
 4        preceding fiscal year, including cost-benefit analyses of
 5        various  arrangements.  Beginning with the report in 1990
 6        and every 2  years  thereafter,  the  report  shall  also
 7        include the following:
 8                  (A)  An  assessment of the child care services,
 9             needs and available resources throughout  the  State
10             and  an assessment of the adequacy of existing child
11             care  services,  including,  but  not  limited   to,
12             services assisted under this Act and under any other
13             program administered by other State agencies.
14                  (B)  A   survey   of  day  care  facilities  to
15             determine the number  of  qualified  caregivers,  as
16             defined  by  rule, attracted to vacant positions and
17             any problems encountered by facilities in attracting
18             and retaining capable caregivers.
19                  (C)  The average wages and salaries and  fringe
20             benefit  packages  paid to caregivers throughout the
21             State, computed on a regional basis.
22                  (D)  The qualifications of new caregivers hired
23             at licensed day care facilities during the  previous
24             2 year period.
25                  (E)  Recommendations  for  increasing caregiver
26             wages  and  salaries  to  insure  quality  care  for
27             children.
28                  (F)  Evaluation of the fee structure and income
29             eligibility for child care subsidized by the State.
30             The  requirement  for  reporting  to   the   General
31        Assembly  shall  be  satisfied  by  filing  copies of the
32        report with the Speaker,  the  Minority  Leader  and  the
33        Clerk  of the House of Representatives and the President,
34        the Minority Leader and the Secretary of the  Senate  and
HB0056 Engrossed            -6-                LRB9000709PTcw
 1        the Legislative Research Unit, as required by Section 3.1
 2        of the General Assembly Organization Act, and filing such
 3        additional   copies  with  the  State  Government  Report
 4        Distribution  Center  for  the  General  Assembly  as  is
 5        required under paragraph (t) of Section 7  of  the  State
 6        Library Act.
 7             (2)  Establish    policies    and   procedures   for
 8        developing and implementing interagency  agreements  with
 9        other agencies of the State providing child care services
10        or reimbursement for such services.
11             (3)  In   cooperation  with  other  State  agencies,
12        develop and implement a resource and referral system  for
13        the  State of Illinois either within the Department or by
14        contract with local or regional  agencies.   Funding  for
15        implementation  of  this  system  may be provided through
16        Department appropriations or other  inter-agency  funding
17        arrangements.  The  resource  and  referral  system shall
18        provide at least the following services:
19                  (A)  assembling and maintaining a data base  on
20             the supply of child care services;
21                  (B)  providing  information  and  referrals for
22             parents;
23                  (C)  coordinating the development of new  child
24             care resources;
25                  (D)  providing    technical    assistance   and
26             training to child care service providers; and
27                  (E)  recording and  analyzing  the  demand  for
28             child care services.
29             The Department shall complete implementation of this
30        resource  and referral system in all regions of the State
31        by January 1, 1992.
32             (4)  Conduct day care planning activities  with  the
33        following priorities:
34                  (A)  development    of   voluntary   day   care
HB0056 Engrossed            -7-                LRB9000709PTcw
 1             resources wherever possible, with the provision  for
 2             grants-in-aid  only  where demonstrated to be useful
 3             and necessary as incentives or supports;
 4                  (B)  emphasis  on  service   to   children   of
 5             recipients  of  public assistance where such service
 6             will allow training  or  employment  of  the  parent
 7             toward achieving the goal of independence;
 8                  (C)  maximum employment of recipients of public
 9             assistance  in  day care centers and day care homes,
10             operated  in  conjunction   with   short-term   work
11             training programs;
12                  (D)  care  of  children from families in stress
13             and crises whose members potentially may become,  or
14             are   in  danger  of  becoming,  non-productive  and
15             dependent;
16                  (E)  expansion of family  day  care  facilities
17             wherever possible;
18                  (F)  location   of   centers   in  economically
19             depressed neighborhoods, preferably in multi-service
20             centers with cooperation of other agencies;
21                  (G)  use of existing facilities free of  charge
22             or  for  reasonable rental wherever possible in lieu
23             of construction;
24                  (H)  development of strategies for  assuring  a
25             more  complete  range of day care options, including
26             provision of day care services in homes, in  schools
27             or in centers, which will enable a parent or parents
28             to  complete  a  course  of  education  or obtain or
29             maintain employment.
30             Emphasis shall be given to  support  services  which
31        will  help  to  ensure such parents' graduation from high
32        school and to services for participants  in  the  Project
33        Chance  program of job training conducted by the Illinois
34        Department of Public Aid.
HB0056 Engrossed            -8-                LRB9000709PTcw
 1             (5)  Actively stimulate the  development  of  public
 2        and  private resources at the local level.  It shall also
 3        seek the fullest utilization of federal funds directly or
 4        indirectly available to the Department.
 5        Where appropriate, existing non-governmental agencies  or
 6    associations shall be involved in planning by the Department.
 7        (f)  The  Department,  pursuant  to  a  contract with the
 8    Illinois Department of Public Aid,  may  provide  child  care
 9    services   to  former  recipients  of  assistance  under  The
10    Illinois Public Aid Code as authorized by  Section  9-6.3  of
11    that Code.
12        (g)  The Department shall establish rules and regulations
13    concerning  its  operation  of  programs designed to meet the
14    goals  of  child  protection,  family  preservation,   family
15    reunification,  adoption and youth development, including but
16    not limited to:
17             (1)  adoption;
18             (2)  foster care;
19             (3)  family counseling;
20             (4)  protective services;
21             (5)  service to unwed mothers;
22             (6)  homemaker service;
23             (7)  return of runaway children;
24             (8)  independent  living  skills  and  shelter   for
25        homeless youth;
26             (9)  placement  under  Section  5-7  of the Juvenile
27        Court Act or Section 2-27, 3-28,  4-25  or  5-29  of  the
28        Juvenile Court Act of 1987 in accordance with the federal
29        Adoption Assistance and Child Welfare Act of 1980; and
30             (10)  interstate services.
31        Rules and regulations established by the Department shall
32    include  provisions  for  training  Department  staff and the
33    staff of Department grantees, through  contracts  with  other
34    agencies  or  resources,  in alcohol and drug abuse screening
HB0056 Engrossed            -9-                LRB9000709PTcw
 1    techniques to identify children  and  adults  who  should  be
 2    referred  to  an alcohol and drug abuse treatment program for
 3    professional evaluation.
 4        (h)  If the Department finds that there is no appropriate
 5    program or facility within or available to the Department for
 6    a ward and that no licensed private facility has an  adequate
 7    and  appropriate  program  or none agrees to accept the ward,
 8    the Department shall create  an  appropriate  individualized,
 9    program-oriented  plan  for  such  ward.   The  plan  may  be
10    developed  within  the  Department  or  through  purchase  of
11    services  by  the  Department to the extent that it is within
12    its statutory authority to do.
13        (i)  Service programs shall be available  throughout  the
14    State  and  shall include but not be limited to the following
15    services:
16             (1)  case management;
17             (2)  homemakers;
18             (3)  counseling;
19             (4)  parent education;
20             (5)  day care; and
21             (6)  emergency assistance and advocacy.
22        In addition, the following services may be made available
23    to assess and meet the needs of children and families:
24             (1)  comprehensive family-based services;
25             (2)  assessments;
26             (3)  respite care; and
27             (4)  in-home health services.
28        The Department shall provide transportation  for  any  of
29    the  services  it  makes available to children or families or
30    for which it refers children or families.
31        (j)  The Department may provide financial assistance, and
32    shall  establish  rules  and  regulations   concerning   such
33    assistance,  to  persons  who  adopt  physically  or mentally
34    handicapped,  older  and  other  hard-to-place  children  who
HB0056 Engrossed            -10-               LRB9000709PTcw
 1    immediately prior to their adoption were legal wards  of  the
 2    Department.    The  Department  may  also  provide  financial
 3    assistance, and shall establish  rules  and  regulations  for
 4    such  assistance, to persons appointed guardian of the person
 5    under Section 5-7 of the Juvenile Court Act or Section  2-27,
 6    3-28,  4-25  or  5-29  of  the Juvenile Court Act of 1987 for
 7    children who were wards  of  the  Department  for  12  months
 8    immediately   prior  to  the  appointment  of  the  successor
 9    guardian and for whom  the  Department  has  set  a  goal  of
10    permanent family placement with a foster family.
11        The  amount  of  assistance  may vary, depending upon the
12    needs of the child and the adoptive parents, but must  be  at
13    least  $25 less than the monthly cost of care of the child in
14    a  foster  home,  as  set  forth  in  the  annual  assistance
15    agreement.  Special purpose  grants  are  allowed  where  the
16    child  requires special service but such costs may not exceed
17    the amounts which similar services would cost the  Department
18    if  it  were  to  provide  or  secure them as guardian of the
19    child.
20        Any financial assistance provided under  this  subsection
21    is  inalienable  by  assignment, sale, execution, attachment,
22    garnishment, or any other remedy for recovery  or  collection
23    of a judgment or debt.
24        (k)  The  Department  shall  accept for care and training
25    any child who has been adjudicated neglected  or  abused,  or
26    dependent  committed to it pursuant to the Juvenile Court Act
27    or the Juvenile Court Act of 1987.
28        (l)  Before July 1, 2000, the Department may provide, and
29    beginning July 1, 2000, the Department shall provide,  family
30    preservation services, as determined to be appropriate and in
31    the  child's best interests and when the child will not be in
32    imminent risk of harm, to any family  whose  child  has  been
33    placed  in  substitute  care,  any persons who have adopted a
34    child and require  post-adoption  services,  or  any  persons
HB0056 Engrossed            -11-               LRB9000709PTcw
 1    whose  child  or children are at risk of being placed outside
 2    their  home  as  documented  by  an  "indicated"  report   of
 3    suspected  child  abuse or neglect determined pursuant to the
 4    Abused and Neglected Child Reporting  Act.  Nothing  in  this
 5    paragraph  shall  be  construed  to create a private right of
 6    action or claim on  the  part  of  any  individual  or  child
 7    welfare agency.
 8        The  Department  shall notify the child and his family of
 9    the Department's responsibility to offer and  provide  family
10    preservation services as identified in the service plan.  The
11    child  and  his family shall be eligible for services as soon
12    as  the  report  is  determined  to  be   "indicated".    The
13    Department  may  offer  services  to any child or family with
14    respect to whom a report of suspected child abuse or  neglect
15    has  been  filed, prior to concluding its investigation under
16    Section 7.12 of the Abused and Neglected Child Reporting Act.
17    However,  the  child's  or  family's  willingness  to  accept
18    services shall not be considered in the  investigation.   The
19    Department  may  also provide services to any child or family
20    who is the subject of any report of suspected child abuse  or
21    neglect  or  may  refer  such  child  or  family  to services
22    available from other agencies in the community, even  if  the
23    report  is  determined  to be unfounded, if the conditions in
24    the child's or family's home are reasonably likely to subject
25    the child or family to  future  reports  of  suspected  child
26    abuse  or  neglect.   Acceptance  of  such  services shall be
27    voluntary.
28        The Department may, at its discretion  except  for  those
29    children  also adjudicated neglected or dependent, accept for
30    care  and  training  any  child  who  has  been   adjudicated
31    addicted,  as  a  truant minor in need of supervision or as a
32    minor  requiring  authoritative   intervention,   under   the
33    Juvenile  Court Act or the Juvenile Court Act of 1987, but no
34    such child shall be committed to the Department by any  court
HB0056 Engrossed            -12-               LRB9000709PTcw
 1    without the approval of the Department.  A minor charged with
 2    a  criminal  offense  under  the  Criminal  Code  of  1961 or
 3    adjudicated delinquent shall not be placed in the custody  of
 4    or  committed  to the Department by any court, except a minor
 5    less than 13 years of age committed to the  Department  under
 6    Section 5-23 of the Juvenile Court Act of 1987.
 7        (m)  The  Department  may assume temporary custody of any
 8    child if:
 9             (1)  it has  received  a  written  consent  to  such
10        temporary  custody  signed by the parents of the child or
11        by the parent having custody of the child if the  parents
12        are  not  living together or by the guardian or custodian
13        of the child if the child is not in the custody of either
14        parent, or
15             (2)  the child is found in the State and  neither  a
16        parent,  guardian  nor  custodian  of  the  child  can be
17        located.
18    If the child is found in  his  or  her  residence  without  a
19    parent,  guardian,  custodian  or  responsible caretaker, the
20    Department may, instead of removing the  child  and  assuming
21    temporary  custody, place an authorized representative of the
22    Department in that residence until such  time  as  a  parent,
23    guardian  or  custodian  enters  the  home  and  expresses  a
24    willingness  and  apparent ability to resume permanent charge
25    of the child, or until a relative  enters  the  home  and  is
26    willing  and  able  to  assume  charge  of  the child until a
27    parent, guardian or custodian enters the home  and  expresses
28    such  willingness  and  ability  to  resume permanent charge.
29    After a caretaker has remained in the home for a  period  not
30    to   exceed  12  hours,  the  Department  must  follow  those
31    procedures outlined in Section 2-9, 3-11, 4-8 or 5-9  of  the
32    Juvenile Court Act of 1987.
33        The Department shall have the authority, responsibilities
34    and  duties  that  a  legal custodian of the child would have
HB0056 Engrossed            -13-               LRB9000709PTcw
 1    pursuant to subsection (9) of Section  1-3  of  the  Juvenile
 2    Court  Act of 1987.  Whenever a child is taken into temporary
 3    custody pursuant to an investigation  under  the  Abused  and
 4    Neglected  Child Reporting Act, or pursuant to a referral and
 5    acceptance under the Juvenile Court Act of 1987 of a minor in
 6    limited  custody,  the  Department,  during  the  period   of
 7    temporary  custody  and  before the child is brought before a
 8    judicial officer as required by Section 2-9, 3-11, 4-8 or 5-9
 9    of the Juvenile Court Act of 1987, shall have the  authority,
10    responsibilities  and  duties  that  a legal custodian of the
11    child would have under subsection (9) of Section 1-3  of  the
12    Juvenile Court Act of 1987.
13        The  Department  shall  ensure  that any child taken into
14    custody  is  scheduled  for  an  appointment  for  a  medical
15    examination.
16        A parent,  guardian  or  custodian  of  a  child  in  the
17    temporary custody of the Department who would have custody of
18    the  child  if  he  were  not in the temporary custody of the
19    Department may deliver to the  Department  a  signed  request
20    that  the  Department  surrender the temporary custody of the
21    child.  The Department may retain temporary  custody  of  the
22    child  for  10  days after the receipt of the request, during
23    which period the Department may cause to be filed a  petition
24    pursuant to the Juvenile Court Act of 1987.  If a petition is
25    so  filed,  the  Department shall retain temporary custody of
26    the child until the court orders otherwise.  If a petition is
27    not filed within the  10  day  period,  the  child  shall  be
28    surrendered to the custody of the requesting parent, guardian
29    or  custodian  not  later  than  the expiration of the 10 day
30    period, at  which  time  the  authority  and  duties  of  the
31    Department with respect to the temporary custody of the child
32    shall terminate.
33        (n)  The  Department may place children under 18 years of
34    age in licensed child care facilities when in the opinion  of
HB0056 Engrossed            -14-               LRB9000709PTcw
 1    the   Department,   appropriate   services  aimed  at  family
 2    preservation have been unsuccessful or unavailable  and  such
 3    placement  would  be  for  their  best interest.  Payment for
 4    board, clothing, care, training and supervision of any  child
 5    placed  in  a licensed child care facility may be made by the
 6    Department, by the parents or guardians  of  the  estates  of
 7    those  children, or by both the Department and the parents or
 8    guardians, except that no  payments  shall  be  made  by  the
 9    Department  for  any  child  placed  in a licensed child care
10    facility for board, clothing, care, training and  supervision
11    of  such  a  child that exceed the average per capita cost of
12    maintaining and of caring for a  child  in  institutions  for
13    dependent  or  neglected children operated by the Department.
14    However, such restriction on payments does not apply in cases
15    where children require specialized  care  and  treatment  for
16    problems    of   severe   emotional   disturbance,   physical
17    disability, social adjustment, or any combination thereof and
18    suitable facilities for the placement of  such  children  are
19    not  available  at  payment  rates within the limitations set
20    forth  in  this  Section.  All  reimbursements  for  services
21    delivered shall  be  absolutely  inalienable  by  assignment,
22    sale, attachment, garnishment or otherwise.
23        (o)  The  Department  shall  establish  an administrative
24    review and appeal  process  for  children  and  families  who
25    request   or   receive   child   welfare  services  from  the
26    Department.  Children who are wards of the Department and are
27    placed by private child welfare agencies, and foster families
28    with whom those children are placed, shall  be  afforded  the
29    same procedural and appeal rights as children and families in
30    the  case of placement by the Department, including the right
31    to an  initial review of a private agency  decision  by  that
32    agency.   The  Department shall insure that any private child
33    welfare agency, which accepts wards  of  the  Department  for
34    placement,  affords  those  rights  to  children  and  foster
HB0056 Engrossed            -15-               LRB9000709PTcw
 1    families.   The  Department  shall  accept for administrative
 2    review and an appeal hearing a complaint made by a  child  or
 3    foster  family  concerning  a  decision  following an initial
 4    review by a private child welfare agency.   An  appeal  of  a
 5    decision  concerning  a  change  in  the placement of a child
 6    shall be conducted in an expedited manner.
 7        (p)  There is hereby created the Department  of  Children
 8    and  Family Services Emergency Assistance Fund from which the
 9    Department  may  provide  special  financial  assistance   to
10    families which are in economic crisis when such assistance is
11    not available through other public or private sources and the
12    assistance  is deemed necessary to prevent dissolution of the
13    family unit or to reunite families which have been  separated
14    due  to  child  abuse  and  neglect.   The  Department  shall
15    establish  administrative  rules  specifying the criteria for
16    determining eligibility for and  the  amount  and  nature  of
17    assistance  to  be  provided.   The Department may also enter
18    into  written  agreements  with  private  and  public  social
19    service agencies to provide emergency financial  services  to
20    families  referred  by  the  Department.    Special financial
21    assistance payments shall be available to a  family  no  more
22    than once during each fiscal year and the total payments to a
23    family may not exceed $500 during a fiscal year.
24        (q)  The   Department  may  receive  and  use,  in  their
25    entirety, for the benefit of children any gift,  donation  or
26    bequest  of  money  or  other  property  which is received on
27    behalf of such children, or any financial benefits  to  which
28    such  children  are  or  may  become entitled while under the
29    jurisdiction or care of the Department.
30        The Department  shall  set  up  and  administer  no-cost,
31    interest-bearing  savings  accounts  in appropriate financial
32    institutions ("individual accounts") for  children  for  whom
33    the  Department  is  legally  responsible  and  who have been
34    determined eligible for Veterans' Benefits,  Social  Security
HB0056 Engrossed            -16-               LRB9000709PTcw
 1    benefits,  assistance allotments from the armed forces, court
 2    ordered payments, parental voluntary  payments,  Supplemental
 3    Security  Income,  Railroad  Retirement  payments, Black Lung
 4    benefits, or other miscellaneous payments.   Interest  earned
 5    by  each individual account shall be credited to the account,
 6    unless disbursed in accordance with this subsection.
 7        In disbursing funds from children's individual  accounts,
 8    the Department shall:
 9             (1)  Establish  standards  in  accordance with State
10        and federal laws for  disbursing  money  from  children's
11        individual   accounts.    In   all   circumstances,   the
12        Department's  "Guardianship  Administrator" or his or her
13        designee  must  approve  disbursements  from   children's
14        individual accounts.  The Department shall be responsible
15        for  keeping  complete  records  of all disbursements for
16        each individual account for any purpose.
17             (2)  Calculate on a monthly basis the  amounts  paid
18        from  State funds for the child's board and care, medical
19        care not covered under Medicaid, and social services; and
20        utilize funds from the  child's  individual  account,  as
21        covered   by   regulation,   to  reimburse  those  costs.
22        Monthly, disbursements  from  all  children's  individual
23        accounts,  up  to 1/12 of $13,000,000, shall be deposited
24        by the Department into the General Revenue Fund  and  the
25        balance over 1/12 of $13,000,000 into the DCFS Children's
26        Services Fund.
27             (3)  Maintain    any    balance    remaining   after
28        reimbursing for the child's costs of care,  as  specified
29        in  item  (2). The balance shall accumulate in accordance
30        with  relevant  State  and  federal  laws  and  shall  be
31        disbursed to the child or his or her guardian, or to  the
32        issuing agency.
33        (r)  The    Department   shall   promulgate   regulations
34    encouraging all adoption agencies to voluntarily  forward  to
HB0056 Engrossed            -17-               LRB9000709PTcw
 1    the  Department  or  its  agent  names  and  addresses of all
 2    persons who have applied  for  and  have  been  approved  for
 3    adoption  of  a  hard-to-place  or  handicapped child and the
 4    names of such children who have not been placed for adoption.
 5    A list of such names and addresses shall be maintained by the
 6    Department or its agent, and coded lists which  maintain  the
 7    confidentiality  of the person seeking to adopt the child and
 8    of the child shall be  made  available,  without  charge,  to
 9    every  adoption agency in the State to assist the agencies in
10    placing  such  children  for  adoption.  The  Department  may
11    delegate to an agent its duty to maintain and make  available
12    such  lists.   The  Department  shall  ensure that such agent
13    maintains the confidentiality of the person seeking to  adopt
14    the child and of the child.
15        (s)  The  Department  of Children and Family Services may
16    establish and implement a program to reimburse Department and
17    private child welfare agency foster parents licensed  by  the
18    Department  of  Children  and  Family  Services  for  damages
19    sustained  by the foster parents as a result of the malicious
20    or negligent acts of foster children, as  well  as  providing
21    third  party  coverage for such foster parents with regard to
22    actions  of  foster  children  to  other  individuals.   Such
23    coverage will be secondary to  the  foster  parent  liability
24    insurance policy, if applicable.  The program shall be funded
25    through   appropriations   from  the  General  Revenue  Fund,
26    specifically designated for such purposes.
27        (t)  The  Department  shall  perform  home  studies   and
28    investigations and shall exercise supervision over visitation
29    as  ordered  by a court pursuant to the Illinois Marriage and
30    Dissolution of Marriage Act or the Adoption Act only if:
31             (1)  an  order  entered   by   an   Illinois   court
32        specifically  directs  the  Department  to  perform  such
33        services; and
34             (2)  the  court  has  ordered  one  or  both  of the
HB0056 Engrossed            -18-               LRB9000709PTcw
 1        parties to the proceeding to reimburse the Department for
 2        its reasonable  costs  for  providing  such  services  in
 3        accordance  with Department rules, or has determined that
 4        neither party is financially able to pay.
 5        The Department shall provide written notification to  the
 6    court  of the specific arrangements for supervised visitation
 7    and projected monthly costs  within  60  days  of  the  court
 8    order.  The  Department  shall  send to the court information
 9    related to the costs incurred except in cases where the court
10    has determined the parties are financially unable to pay. The
11    court may order additional periodic reports as appropriate.
12        (u)  Whenever the Department places a child in a licensed
13    foster home, group home, child  care  institution,  or  in  a
14    relative home, the Department shall provide to the caretaker:
15             (1)  available  detailed  information concerning the
16        child's  educational  and  health  history,   copies   of
17        immunization  records  (including  insurance  and medical
18        card information), a  history  of  the  child's  previous
19        placements,  if  any,  and  reasons for placement changes
20        excluding any information that identifies or reveals  the
21        location of any previous caretaker;
22             (2)  a  copy  of  the  child's portion of the client
23        service plan, including any visitation  arrangement,  and
24        all  amendments  or  revisions  to  it  as related to the
25        child; and
26             (3)  information containing details of  the  child's
27        individualized   educational   plan  when  the  child  is
28        receiving special education services.
29        The caretaker shall be informed of any  known  social  or
30    behavioral   information  (including,  but  not  limited  to,
31    criminal background, fire  setting,  perpetuation  of  sexual
32    abuse,  destructive  behavior, and substance abuse) necessary
33    to care for and safeguard the child.
34        (u-5)  Effective  July  1,   1995,   only   foster   care
HB0056 Engrossed            -19-               LRB9000709PTcw
 1    placements  licensed  as  foster family homes pursuant to the
 2    Child Care Act of 1969 shall be eligible  to  receive  foster
 3    care  payments  from the Department. Relative caregivers who,
 4    as of July  1,  1995,  were  approved  pursuant  to  approved
 5    relative   placement  rules  previously  promulgated  by  the
 6    Department at 89 Ill. Adm. Code  335  and  had  submitted  an
 7    application  for  licensure  as  a  foster  family  home  may
 8    continue  to  receive  foster  care  payments  only until the
 9    Department determines that they may be licensed as  a  foster
10    family home or that their application for licensure is denied
11    or until September 30, 1995, whichever occurs first.
12        (v)  The  Department shall access criminal history record
13    information  as defined in the  Illinois  Uniform  Conviction
14    Information   Act   and   information   maintained   in   the
15    adjudicatory  and  dispositional  record system as defined in
16    subdivision (A)19 of Section 55a of the Civil  Administrative
17    Code of Illinois if the Department determines the information
18    is  necessary  to  perform  its  duties  under the Abused and
19    Neglected Child Reporting Act, the Child Care  Act  of  1969,
20    and  the  Children  and  Family Services Act.  The Department
21    shall provide for interactive computerized communication  and
22    processing    equipment    that    permits   direct   on-line
23    communication with the Department of State  Police's  central
24    criminal  history  data  repository.   The  Department  shall
25    comply   with  all  certification  requirements  and  provide
26    certified operators who have been trained by  personnel  from
27    the  Department  of State Police.  In addition, one Office of
28    the Inspector General investigator shall have training in the
29    use of the criminal history  information  access  system  and
30    have  access to the terminal.  The Department of Children and
31    Family Services and its employees shall abide  by  rules  and
32    regulations  established  by  the  Department of State Police
33    relating to the access and dissemination of this information.
34        (w)  Within 120 days of August 20,  1995  (the  effective
HB0056 Engrossed            -20-               LRB9000709PTcw
 1    date  of Public Act 89-392), the Department shall prepare and
 2    submit to the Governor and the General  Assembly,  a  written
 3    plan  for  the  development of in-state licensed secure child
 4    care facilities that care for children who  are  in  need  of
 5    secure  living  arrangements  for  their  health, safety, and
 6    well-being.  For purposes of  this  subsection,  secure  care
 7    facility  shall mean a facility that is designed and operated
 8    to ensure that all entrances and exits from the  facility,  a
 9    building  or  a  distinct part of the building, are under the
10    exclusive control of the staff of the  facility,  whether  or
11    not  the  child  has  the  freedom  of  movement  within  the
12    perimeter  of the facility, building, or distinct part of the
13    building.  The plan shall include descriptions of  the  types
14    of  facilities  that  are  needed  in  Illinois;  the cost of
15    developing these secure care facilities; the estimated number
16    of placements; the potential cost savings resulting from  the
17    movement of children currently out-of-state who are projected
18    to   be   returned  to  Illinois;  the  necessary  geographic
19    distribution of these facilities in Illinois; and a  proposed
20    timetable for development of such facilities.
21    (Source: P.A.  88-380;  88-398;  88-487; 88-614, eff. 9-7-94;
22    88-670,  eff.  12-2-94;  89-21,  eff.  6-6-95;  89-392,  eff.
23    8-20-95; 89-626, eff. 8-9-96.)
24        (Text of Section after amendment by P.A. 89-507)
25        Sec. 5.  Direct child  welfare  services;  Department  of
26    Children and Family Services. To provide direct child welfare
27    services  when  not available through other public or private
28    child care or program facilities.
29        (a)  For purposes of this Section:
30             (1)  "Children" means persons found within the State
31        who are under  the  age  of  18  years.   The  term  also
32        includes persons under age 19 who:
33                  (A)  were  committed to the Department pursuant
34             to the Juvenile Court Act or the Juvenile Court  Act
HB0056 Engrossed            -21-               LRB9000709PTcw
 1             of  1987, as amended, prior to the age of 18 and who
 2             continue under the jurisdiction of the court; or
 3                  (B)  were  accepted   for  care,  service   and
 4             training  by  the  Department prior to the age of 18
 5             and whose best interest in  the  discretion  of  the
 6             Department  would be served by continuing that care,
 7             service and training  because  of  severe  emotional
 8             disturbances, physical disability, social adjustment
 9             or  any  combination thereof, or because of the need
10             to complete an educational  or  vocational  training
11             program.
12             (2)  "Homeless youth" means persons found within the
13        State  who are under the age of 19, are not in a safe and
14        stable living situation and cannot be reunited with their
15        families.
16             (3)  "Child welfare services"  means  public  social
17        services  which are directed toward the accomplishment of
18        the following purposes:
19                  (A)  protecting and promoting  the  welfare  of
20             children, including homeless, dependent or neglected
21             children;
22                  (B)  remedying, or assisting in the solution of
23             problems  which  may  result in, the neglect, abuse,
24             exploitation or delinquency of children;
25                  (C)  preventing the unnecessary  separation  of
26             children  from  their families by identifying family
27             problems,  assisting  families  in  resolving  their
28             problems, and preventing the breakup of  the  family
29             where  the  prevention of child removal is desirable
30             and possible;
31                  (D)  restoring to their families  children  who
32             have  been  removed, by the provision of services to
33             the child and the families;
34                  (E)  placing  children  in  suitable   adoptive
HB0056 Engrossed            -22-               LRB9000709PTcw
 1             homes,  in cases where restoration to the biological
 2             family is not possible or appropriate;
 3                  (F)  assuring adequate care  of  children  away
 4             from their homes, in cases where the child cannot be
 5             returned home or cannot be placed for adoption;
 6                  (G)  (blank);
 7                  (H)  (blank); and
 8                  (I)  placing   and   maintaining   children  in
 9             facilities that provide separate living quarters for
10             children under the age of 18  and  for  children  18
11             years  of  age and older, unless a child 18 years of
12             age is in the last year of high school education  or
13             vocational  training,  in  an approved individual or
14             group treatment program, or in  a  licensed  shelter
15             facility.    The Department is not required to place
16             or maintain children:
17                       (i)  who are in a foster home, or
18                       (ii)  who are persons with a developmental
19                  disability, as defined in the Mental Health and
20                  Developmental Disabilities Code, or
21                       (iii)  who are  female  children  who  are
22                  pregnant,  pregnant and parenting or parenting,
23                  or
24                       (iv)  who are siblings,
25             in facilities that provide separate living  quarters
26             for  children  18  years  of  age  and older and for
27             children under 18 years of age.
28        (b)  Nothing  in  this  Section  shall  be  construed  to
29    authorize the expenditure of public funds for the purpose  of
30    performing abortions.
31        (c)  The   Department   shall   establish   and  maintain
32    tax-supported child welfare services and extend and  seek  to
33    improve  voluntary  services throughout the State, to the end
34    that services and care shall be available on an  equal  basis
HB0056 Engrossed            -23-               LRB9000709PTcw
 1    throughout the State to children requiring such services.
 2        (d)  The Director may authorize advance disbursements for
 3    any new program initiative to any agency contracting with the
 4    Department.   As a prerequisite for an advance  disbursement,
 5    the  contractor  must post a surety bond in the amount of the
 6    advance disbursement and have a purchase of service  contract
 7    approved  by  the Department.  The Department may pay up to 2
 8    months operational expenses in advance.  The  amount  of  the
 9    advance  disbursement  shall be prorated over the life of the
10    contract  or  the  remaining  months  of  the  fiscal   year,
11    whichever  is  less, and the installment amount shall then be
12    deducted   from   future   bills.     Advance    disbursement
13    authorizations  for  new initiatives shall not be made to any
14    agency after that agency has operated  during  2  consecutive
15    fiscal  years.    The requirements of this Section concerning
16    advance disbursements shall not apply  with  respect  to  the
17    following:   payments  to local public agencies for child day
18    care services as authorized by Section 5a of  this  Act;  and
19    youth  service  programs  receiving grant funds under Section
20    17a-4.
21        (e)  (Blank).
22        (f)  (Blank).
23        (g)  The Department shall establish rules and regulations
24    concerning its operation of programs  designed  to  meet  the
25    goals   of  child  protection,  family  preservation,  family
26    reunification, and adoption, including but not limited to:
27             (1)  adoption;
28             (2)  foster care;
29             (3)  family counseling;
30             (4)  protective services;
31             (5)  (blank);
32             (6)  homemaker service;
33             (7)  return of runaway children;
34             (8)  (blank);
HB0056 Engrossed            -24-               LRB9000709PTcw
 1             (9)  placement under Section  5-7  of  the  Juvenile
 2        Court  Act  or  Section  2-27,  3-28, 4-25 or 5-29 of the
 3        Juvenile Court Act of 1987 in accordance with the federal
 4        Adoption Assistance and Child Welfare Act of 1980; and
 5             (10)  interstate services.
 6        Rules and regulations established by the Department shall
 7    include provisions for  training  Department  staff  and  the
 8    staff  of  Department  grantees, through contracts with other
 9    agencies or resources, in alcohol and  drug  abuse  screening
10    techniques  to  identify  children  and  adults who should be
11    referred to an alcohol and drug abuse treatment  program  for
12    professional evaluation.
13        (h)  If the Department finds that there is no appropriate
14    program or facility within or available to the Department for
15    a  ward and that no licensed private facility has an adequate
16    and appropriate program or none agrees to  accept  the  ward,
17    the  Department  shall  create an appropriate individualized,
18    program-oriented  plan  for  such  ward.   The  plan  may  be
19    developed  within  the  Department  or  through  purchase  of
20    services by the Department to the extent that  it  is  within
21    its statutory authority to do.
22        (i)  Service  programs  shall be available throughout the
23    State and shall include but not be limited to  the  following
24    services:
25             (1)  case management;
26             (2)  homemakers;
27             (3)  counseling;
28             (4)  parent education;
29             (5)  day care; and
30             (6)  emergency assistance and advocacy.
31        In addition, the following services may be made available
32    to assess and meet the needs of children and families:
33             (1)  comprehensive family-based services;
34             (2)  assessments;
HB0056 Engrossed            -25-               LRB9000709PTcw
 1             (3)  respite care; and
 2             (4)  in-home health services.
 3        The  Department  shall  provide transportation for any of
 4    the services it makes available to children  or  families  or
 5    for which it refers children or families.
 6        (j)  The Department may provide financial assistance, and
 7    shall   establish   rules  and  regulations  concerning  such
 8    assistance, to  persons  who  adopt  physically  or  mentally
 9    handicapped,  older  and  other  hard-to-place  children  who
10    immediately  prior  to their adoption were legal wards of the
11    Department.   The  Department  may  also  provide   financial
12    assistance,  and  shall  establish  rules and regulations for
13    such assistance, to persons appointed guardian of the  person
14    under  Section 5-7 of the Juvenile Court Act or Section 2-27,
15    3-28, 4-25 or 5-29 of the Juvenile  Court  Act  of  1987  for
16    children  who  were  wards  of  the  Department for 12 months
17    immediately  prior  to  the  appointment  of  the   successor
18    guardian  and  for  whom  the  Department  has  set a goal of
19    permanent family placement with a foster family.
20        The amount of assistance may  vary,  depending  upon  the
21    needs  of  the child and the adoptive parents, but must be at
22    least $25 less than the monthly cost of care of the child  in
23    a  foster  home,  as  set  forth  in  the  annual  assistance
24    agreement.   Special  purpose  grants  are  allowed where the
25    child requires special service but such costs may not  exceed
26    the  amounts which similar services would cost the Department
27    if it were to provide or  secure  them  as  guardian  of  the
28    child.
29        Any  financial  assistance provided under this subsection
30    is inalienable by assignment,  sale,  execution,  attachment,
31    garnishment,  or  any other remedy for recovery or collection
32    of a judgment or debt.
33        (k)  The Department shall accept for  care  and  training
34    any  child  who  has been adjudicated neglected or abused, or
HB0056 Engrossed            -26-               LRB9000709PTcw
 1    dependent committed to it pursuant to the Juvenile Court  Act
 2    or the Juvenile Court Act of 1987.
 3        (l)  Before July 1, 2000, the Department may provide, and
 4    beginning  July 1, 2000, the Department shall provide, family
 5    preservation services, as determined to be appropriate and in
 6    the child's best interests and when the child will not be  in
 7    imminent  risk  of  harm,  to any family whose child has been
 8    placed in substitute care, any persons  who  have  adopted  a
 9    child  and  require  post-adoption  services,  or any persons
10    whose child or children are at risk of being  placed  outside
11    their   home  as  documented  by  an  "indicated"  report  of
12    suspected child abuse or neglect determined pursuant  to  the
13    Abused  and  Neglected  Child  Reporting Act. Nothing in this
14    paragraph shall be construed to create  a  private  right  of
15    action  or  claim  on  the  part  of  any individual or child
16    welfare agency.
17        The Department shall notify the child and his  family  of
18    the  Department's  responsibility to offer and provide family
19    preservation services as identified in the service plan.  The
20    child and his family shall be eligible for services  as  soon
21    as   the   report  is  determined  to  be  "indicated".   The
22    Department may offer services to any  child  or  family  with
23    respect  to whom a report of suspected child abuse or neglect
24    has been filed, prior to concluding its  investigation  under
25    Section 7.12 of the Abused and Neglected Child Reporting Act.
26    However,  the  child's  or  family's  willingness  to  accept
27    services  shall  not be considered in the investigation.  The
28    Department may also provide services to any child  or  family
29    who  is the subject of any report of suspected child abuse or
30    neglect or  may  refer  such  child  or  family  to  services
31    available  from  other agencies in the community, even if the
32    report is determined to be unfounded, if  the  conditions  in
33    the child's or family's home are reasonably likely to subject
34    the  child  or  family  to  future reports of suspected child
HB0056 Engrossed            -27-               LRB9000709PTcw
 1    abuse or neglect.   Acceptance  of  such  services  shall  be
 2    voluntary.
 3        The  Department  may,  at its discretion except for those
 4    children also adjudicated neglected or dependent, accept  for
 5    care   and  training  any  child  who  has  been  adjudicated
 6    addicted, as a truant minor in need of supervision  or  as  a
 7    minor   requiring   authoritative   intervention,  under  the
 8    Juvenile Court Act or the Juvenile Court Act of 1987, but  no
 9    such  child shall be committed to the Department by any court
10    without the approval of the Department.  A minor charged with
11    a criminal  offense  under  the  Criminal  Code  of  1961  or
12    adjudicated  delinquent shall not be placed in the custody of
13    or committed to the Department by any court, except  a  minor
14    less  than  13 years of age committed to the Department under
15    Section 5-23 of the Juvenile Court Act of 1987.
16        (m)  The Department may assume temporary custody  of  any
17    child if:
18             (1)  it  has  received  a  written  consent  to such
19        temporary custody signed by the parents of the  child  or
20        by  the parent having custody of the child if the parents
21        are not living together or by the guardian  or  custodian
22        of the child if the child is not in the custody of either
23        parent, or
24             (2)  the  child  is found in the State and neither a
25        parent, guardian  nor  custodian  of  the  child  can  be
26        located.
27    If  the  child  is  found  in  his or her residence without a
28    parent, guardian, custodian  or  responsible  caretaker,  the
29    Department  may,  instead  of removing the child and assuming
30    temporary custody, place an authorized representative of  the
31    Department  in  that  residence  until such time as a parent,
32    guardian  or  custodian  enters  the  home  and  expresses  a
33    willingness and apparent ability to resume  permanent  charge
34    of  the  child,  or  until  a relative enters the home and is
HB0056 Engrossed            -28-               LRB9000709PTcw
 1    willing and able to  assume  charge  of  the  child  until  a
 2    parent,  guardian  or custodian enters the home and expresses
 3    such willingness and  ability  to  resume  permanent  charge.
 4    After  a  caretaker has remained in the home for a period not
 5    to  exceed  12  hours,  the  Department  must  follow   those
 6    procedures  outlined  in Section 2-9, 3-11, 4-8 or 5-9 of the
 7    Juvenile Court Act of 1987.
 8        The Department shall have the authority, responsibilities
 9    and duties that a legal custodian of  the  child  would  have
10    pursuant  to  subsection  (9)  of Section 1-3 of the Juvenile
11    Court Act of 1987.  Whenever a child is taken into  temporary
12    custody  pursuant  to  an  investigation under the Abused and
13    Neglected Child Reporting Act, or pursuant to a referral  and
14    acceptance under the Juvenile Court Act of 1987 of a minor in
15    limited   custody,  the  Department,  during  the  period  of
16    temporary custody and before the child is  brought  before  a
17    judicial officer as required by Section 2-9, 3-11, 4-8 or 5-9
18    of  the Juvenile Court Act of 1987, shall have the authority,
19    responsibilities and duties that a  legal  custodian  of  the
20    child  would  have under subsection (9) of Section 1-3 of the
21    Juvenile Court Act of 1987.
22        The Department shall ensure that  any  child  taken  into
23    custody  is  scheduled  for  an  appointment  for  a  medical
24    examination.
25        A  parent,  guardian  or  custodian  of  a  child  in the
26    temporary custody of the Department who would have custody of
27    the child if he were not in  the  temporary  custody  of  the
28    Department  may  deliver  to  the Department a signed request
29    that the Department surrender the temporary  custody  of  the
30    child.    The  Department may retain temporary custody of the
31    child for 10 days after the receipt of  the  request,  during
32    which  period the Department may cause to be filed a petition
33    pursuant to the Juvenile Court Act of 1987.  If a petition is
34    so filed, the Department shall retain  temporary  custody  of
HB0056 Engrossed            -29-               LRB9000709PTcw
 1    the child until the court orders otherwise.  If a petition is
 2    not  filed  within  the  10  day  period,  the child shall be
 3    surrendered to the custody of the requesting parent, guardian
 4    or custodian not later than the  expiration  of  the  10  day
 5    period,  at  which  time  the  authority  and  duties  of the
 6    Department with respect to the temporary custody of the child
 7    shall terminate.
 8        (n)  The Department may place children under 18 years  of
 9    age  in licensed child care facilities when in the opinion of
10    the  Department,  appropriate  services   aimed   at   family
11    preservation  have  been unsuccessful or unavailable and such
12    placement would be for  their  best  interest.   Payment  for
13    board,  clothing, care, training and supervision of any child
14    placed in a licensed child care facility may be made  by  the
15    Department,  by  the  parents  or guardians of the estates of
16    those children, or by both the Department and the parents  or
17    guardians,  except  that  no  payments  shall  be made by the
18    Department for any child placed  in  a  licensed  child  care
19    facility  for board, clothing, care, training and supervision
20    of such a child that exceed the average per  capita  cost  of
21    maintaining  and  of  caring  for a child in institutions for
22    dependent or neglected children operated by  the  Department.
23    However, such restriction on payments does not apply in cases
24    where  children  require  specialized  care and treatment for
25    problems   of   severe   emotional   disturbance,    physical
26    disability, social adjustment, or any combination thereof and
27    suitable  facilities  for  the placement of such children are
28    not available at payment rates  within  the  limitations  set
29    forth  in  this  Section.  All  reimbursements  for  services
30    delivered  shall  be  absolutely  inalienable  by assignment,
31    sale, attachment, garnishment or otherwise.
32        (o)  The Department  shall  establish  an  administrative
33    review  and  appeal  process  for  children  and families who
34    request  or  receive  child   welfare   services   from   the
HB0056 Engrossed            -30-               LRB9000709PTcw
 1    Department.  Children who are wards of the Department and are
 2    placed by private child welfare agencies, and foster families
 3    with  whom  those  children are placed, shall be afforded the
 4    same procedural and appeal rights as children and families in
 5    the case of placement by the Department, including the  right
 6    to  an   initial  review of a private agency decision by that
 7    agency.  The Department shall insure that any  private  child
 8    welfare  agency,  which  accepts  wards of the Department for
 9    placement,  affords  those  rights  to  children  and  foster
10    families.  The Department  shall  accept  for  administrative
11    review  and  an appeal hearing a complaint made by a child or
12    foster family concerning  a  decision  following  an  initial
13    review  by  a  private  child welfare agency.  An appeal of a
14    decision concerning a change in  the  placement  of  a  child
15    shall be conducted in an expedited manner.
16        (p)  There  is  hereby created the Department of Children
17    and Family Services Emergency Assistance Fund from which  the
18    Department   may  provide  special  financial  assistance  to
19    families which are in economic crisis when such assistance is
20    not available through other public or private sources and the
21    assistance is deemed necessary to prevent dissolution of  the
22    family  unit or to reunite families which have been separated
23    due  to  child  abuse  and  neglect.   The  Department  shall
24    establish administrative rules specifying  the  criteria  for
25    determining  eligibility  for  and  the  amount and nature of
26    assistance to be provided.  The  Department  may  also  enter
27    into  written  agreements  with  private  and  public  social
28    service  agencies  to provide emergency financial services to
29    families referred  by  the  Department.    Special  financial
30    assistance  payments  shall  be available to a family no more
31    than once during each fiscal year and the total payments to a
32    family may not exceed $500 during a fiscal year.
33        (q)  The  Department  may  receive  and  use,  in   their
34    entirety,  for  the benefit of children any gift, donation or
HB0056 Engrossed            -31-               LRB9000709PTcw
 1    bequest of money or  other  property  which  is  received  on
 2    behalf  of  such children, or any financial benefits to which
 3    such children are or may  become  entitled  while  under  the
 4    jurisdiction or care of the Department.
 5        The  Department  shall  set  up  and  administer no-cost,
 6    interest-bearing savings accounts  in  appropriate  financial
 7    institutions  ("individual  accounts")  for children for whom
 8    the Department is  legally  responsible  and  who  have  been
 9    determined  eligible  for Veterans' Benefits, Social Security
10    benefits, assistance allotments from the armed forces,  court
11    ordered  payments,  parental voluntary payments, Supplemental
12    Security Income, Railroad  Retirement  payments,  Black  Lung
13    benefits,  or  other miscellaneous payments.  Interest earned
14    by each individual account shall be credited to the  account,
15    unless disbursed in accordance with this subsection.
16        In  disbursing funds from children's individual accounts,
17    the Department shall:
18             (1)  Establish standards in  accordance  with  State
19        and  federal  laws  for  disbursing money from children's
20        individual   accounts.    In   all   circumstances,   the
21        Department's "Guardianship Administrator" or his  or  her
22        designee   must  approve  disbursements  from  children's
23        individual accounts.  The Department shall be responsible
24        for keeping complete records  of  all  disbursements  for
25        each individual account for any purpose.
26             (2)  Calculate  on  a monthly basis the amounts paid
27        from State funds for the child's board and care,  medical
28        care not covered under Medicaid, and social services; and
29        utilize  funds  from  the  child's individual account, as
30        covered  by  regulation,  to   reimburse   those   costs.
31        Monthly,  disbursements  from  all  children's individual
32        accounts, up to 1/12 of $13,000,000, shall  be  deposited
33        by  the  Department into the General Revenue Fund and the
34        balance over 1/12 of $13,000,000 into the DCFS Children's
HB0056 Engrossed            -32-               LRB9000709PTcw
 1        Services Fund.
 2             (3)  Maintain   any    balance    remaining    after
 3        reimbursing  for  the child's costs of care, as specified
 4        in item (2). The balance shall accumulate  in  accordance
 5        with  relevant  State  and  federal  laws  and  shall  be
 6        disbursed  to the child or his or her guardian, or to the
 7        issuing agency.
 8        (r)  The   Department   shall   promulgate    regulations
 9    encouraging  all  adoption agencies to voluntarily forward to
10    the Department or  its  agent  names  and  addresses  of  all
11    persons  who  have  applied  for  and  have been approved for
12    adoption of a hard-to-place  or  handicapped  child  and  the
13    names of such children who have not been placed for adoption.
14    A list of such names and addresses shall be maintained by the
15    Department  or  its agent, and coded lists which maintain the
16    confidentiality of the person seeking to adopt the child  and
17    of  the  child  shall  be  made available, without charge, to
18    every adoption agency in the State to assist the agencies  in
19    placing  such  children  for  adoption.  The  Department  may
20    delegate  to an agent its duty to maintain and make available
21    such lists.  The Department  shall  ensure  that  such  agent
22    maintains  the confidentiality of the person seeking to adopt
23    the child and of the child.
24        (s)  The Department of Children and Family  Services  may
25    establish and implement a program to reimburse Department and
26    private  child  welfare agency foster parents licensed by the
27    Department  of  Children  and  Family  Services  for  damages
28    sustained by the foster parents as a result of the  malicious
29    or  negligent  acts  of foster children, as well as providing
30    third party coverage for such foster parents with  regard  to
31    actions  of  foster  children  to  other  individuals.   Such
32    coverage  will  be  secondary  to the foster parent liability
33    insurance policy, if applicable.  The program shall be funded
34    through  appropriations  from  the  General   Revenue   Fund,
HB0056 Engrossed            -33-               LRB9000709PTcw
 1    specifically designated for such purposes.
 2        (t)  The   Department  shall  perform  home  studies  and
 3    investigations and shall exercise supervision over visitation
 4    as ordered by a court pursuant to the Illinois  Marriage  and
 5    Dissolution of Marriage Act or the Adoption Act only if:
 6             (1)  an   order   entered   by   an  Illinois  court
 7        specifically  directs  the  Department  to  perform  such
 8        services; and
 9             (2)  the court  has  ordered  one  or  both  of  the
10        parties to the proceeding to reimburse the Department for
11        its  reasonable  costs  for  providing  such  services in
12        accordance with Department rules, or has determined  that
13        neither party is financially able to pay.
14        The  Department shall provide written notification to the
15    court of the specific arrangements for supervised  visitation
16    and  projected  monthly  costs  within  60  days of the court
17    order. The Department shall send  to  the  court  information
18    related to the costs incurred except in cases where the court
19    has determined the parties are financially unable to pay. The
20    court may order additional periodic reports as appropriate.
21        (u)  Whenever the Department places a child in a licensed
22    foster  home,  group  home,  child  care institution, or in a
23    relative home, the Department shall provide to the caretaker:
24             (1)  available detailed information  concerning  the
25        child's   educational   and  health  history,  copies  of
26        immunization records  (including  insurance  and  medical
27        card  information),  a  history  of  the child's previous
28        placements, if any, and  reasons  for  placement  changes
29        excluding  any information that identifies or reveals the
30        location of any previous caretaker;
31             (2)  a copy of the child's  portion  of  the  client
32        service  plan,  including any visitation arrangement, and
33        all amendments or revisions  to  it  as  related  to  the
34        child; and
HB0056 Engrossed            -34-               LRB9000709PTcw
 1             (3)  information  containing  details of the child's
 2        individualized  educational  plan  when  the   child   is
 3        receiving special education services.
 4        The  caretaker  shall  be informed of any known social or
 5    behavioral  information  (including,  but  not  limited   to,
 6    criminal  background,  fire  setting,  perpetuation of sexual
 7    abuse, destructive behavior, and substance  abuse)  necessary
 8    to care for and safeguard the child.
 9        (u-5)  Effective   July   1,   1995,   only  foster  care
10    placements licensed as foster family homes  pursuant  to  the
11    Child  Care  Act  of 1969 shall be eligible to receive foster
12    care payments from the Department. Relative  caregivers  who,
13    as  of  July  1,  1995,  were  approved  pursuant to approved
14    relative  placement  rules  previously  promulgated  by   the
15    Department  at  89  Ill.  Adm.  Code 335 and had submitted an
16    application  for  licensure  as  a  foster  family  home  may
17    continue to receive  foster  care  payments  only  until  the
18    Department  determines  that they may be licensed as a foster
19    family home or that their application for licensure is denied
20    or until September 30, 1995, whichever occurs first.
21        (v)  The Department shall access criminal history  record
22    information    as  defined in the Illinois Uniform Conviction
23    Information   Act   and   information   maintained   in   the
24    adjudicatory and dispositional record system  as  defined  in
25    subdivision  (A)19 of Section 55a of the Civil Administrative
26    Code of Illinois if the Department determines the information
27    is necessary to perform  its  duties  under  the  Abused  and
28    Neglected  Child  Reporting  Act, the Child Care Act of 1969,
29    and the Children and Family  Services  Act.   The  Department
30    shall  provide for interactive computerized communication and
31    processing   equipment   that    permits    direct    on-line
32    communication  with  the Department of State Police's central
33    criminal  history  data  repository.   The  Department  shall
34    comply  with  all  certification  requirements  and   provide
HB0056 Engrossed            -35-               LRB9000709PTcw
 1    certified  operators  who have been trained by personnel from
 2    the Department of State Police.  In addition, one  Office  of
 3    the Inspector General investigator shall have training in the
 4    use  of  the  criminal  history information access system and
 5    have access to the terminal.  The Department of Children  and
 6    Family  Services  and  its employees shall abide by rules and
 7    regulations established by the  Department  of  State  Police
 8    relating to the access and dissemination of this information.
 9        (w)  Within  120  days  of August 20, 1995 (the effective
10    date of Public Act 89-392), the Department shall prepare  and
11    submit  to  the  Governor and the General Assembly, a written
12    plan for the development of in-state  licensed  secure  child
13    care  facilities  that  care  for children who are in need of
14    secure living arrangements  for  their  health,  safety,  and
15    well-being.   For  purposes  of  this subsection, secure care
16    facility shall mean a facility that is designed and  operated
17    to  ensure  that all entrances and exits from the facility, a
18    building or a distinct part of the building,  are  under  the
19    exclusive  control  of  the staff of the facility, whether or
20    not  the  child  has  the  freedom  of  movement  within  the
21    perimeter of the facility, building, or distinct part of  the
22    building.   The  plan shall include descriptions of the types
23    of facilities that  are  needed  in  Illinois;  the  cost  of
24    developing these secure care facilities; the estimated number
25    of  placements; the potential cost savings resulting from the
26    movement of children currently out-of-state who are projected
27    to  be  returned  to  Illinois;  the   necessary   geographic
28    distribution  of these facilities in Illinois; and a proposed
29    timetable for development of such facilities.
30    (Source: P.A. 88-380; 88-398; 88-487;  88-614,  eff.  9-7-94;
31    88-670,  eff.  12-2-94;  89-21,  eff.  6-6-95;  89-392,  eff.
32    8-20-95; 89-507, eff. 7-1-97; 89-626, eff. 8-9-96.)
33        Section  95.  No  acceleration  or delay.  Where this Act
HB0056 Engrossed            -36-               LRB9000709PTcw
 1    makes changes in a statute that is represented in this Act by
 2    text that is not yet or no longer in effect (for  example,  a
 3    Section  represented  by  multiple versions), the use of that
 4    text does not accelerate or delay the taking  effect  of  (i)
 5    the  changes made by this Act or (ii) provisions derived from
 6    any other Public Act.

[ Top ]