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90_HB0062
20 ILCS 505/5 from Ch. 23, par. 5005
20 ILCS 505/7.5 new
20 ILCS 505/7.10 new
Amends the Children and Family Services Act. Requires
child placing agencies to develop plans for the creation of
adequate pools of foster and adoptive families and plans for
the training of those families. Requires State reimbursement
of adoption service providers at various rates based upon
type of placement. Requires the Department of Children and
Family Services to establish an Illinois Adoption Information
Exchange and authorizes the Department to develop rules for
the provision of subsidies for the adoption of special needs
children. Requires the Department, by July 1, 1997, to
establish an automated system in each of its service regions
that lists available foster home living arrangements and
adoptive parents. Requires consideration of a licensed child
welfare agency's participation in the system when awarding
State funds. Effective immediately.
LRB9000704MWpc
LRB9000704MWpc
1 AN ACT to amend the Children and Family Services Act by
2 changing Section 5 and adding Sections 7.5 and 7.10.
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 and adding Sections 7.5 and
7 7.10 as follows:
8 (20 ILCS 505/5) (from Ch. 23, par. 5005)
9 (Text of Section before amendment by P.A. 89-507)
10 Sec. 5. To provide direct child welfare services when
11 not available through other public or private child care or
12 program facilities.
13 (a) For purposes of this Section:
14 (1) "Children" means persons found within the State
15 who are under the age of 18 years. The term also
16 includes persons under age 19 who:
17 (A) were committed to the Department pursuant
18 to the Juvenile Court Act or the Juvenile Court Act
19 of 1987, as amended, prior to the age of 18 and who
20 continue under the jurisdiction of the court; or
21 (B) were accepted for care, service and
22 training by the Department prior to the age of 18
23 and whose best interest in the discretion of the
24 Department would be served by continuing that care,
25 service and training because of severe emotional
26 disturbances, physical disability, social adjustment
27 or any combination thereof, or because of the need
28 to complete an educational or vocational training
29 program.
30 (2) "Homeless youth" means persons found within the
31 State who are under the age of 19, are not in a safe and
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1 stable living situation and cannot be reunited with their
2 families.
3 (3) "Child welfare services" means public social
4 services which are directed toward the accomplishment of
5 the following purposes:
6 (A) protecting and promoting the welfare of
7 children, including homeless, dependent or neglected
8 children;
9 (B) preventing or remedying, or assisting in
10 the solution of problems which may result in, the
11 neglect, abuse, exploitation or delinquency of
12 children;
13 (C) preventing the unnecessary separation of
14 children from their families by identifying family
15 problems, assisting families in resolving their
16 problems, and preventing the breakup of the family
17 where the prevention of child removal is desirable
18 and possible;
19 (D) restoring to their families children who
20 have been removed, by the provision of services to
21 the child and the families;
22 (E) placing children in suitable adoptive
23 homes, in cases where restoration to the biological
24 family is not possible or appropriate;
25 (F) assuring adequate care of children away
26 from their homes, in cases where the child cannot be
27 returned home or cannot be placed for adoption;
28 (G) providing supportive services and living
29 maintenance which contribute to the physical,
30 emotional and social well-being of children who are
31 pregnant and unmarried;
32 (H) providing shelter and independent living
33 services for homeless youth; and
34 (I) placing and maintaining children in
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1 facilities that provide separate living quarters for
2 children under the age of 18 and for children 18
3 years of age and older, unless a child 18 years of
4 age is in the last year of high school education or
5 vocational training, in an approved individual or
6 group treatment program, or in a licensed shelter
7 facility. The Department is not required to place
8 or maintain children:
9 (i) who are in a foster home, or
10 (ii) who are persons with a developmental
11 disability, as defined in the Mental Health and
12 Developmental Disabilities Code, or
13 (iii) who are female children who are
14 pregnant, pregnant and parenting or parenting,
15 or
16 (iv) who are siblings,
17 in facilities that provide separate living quarters
18 for children 18 years of age and older and for
19 children under 18 years of age.
20 (b) Nothing in this Section shall be construed to
21 authorize the expenditure of public funds for the purpose of
22 performing abortions.
23 (c) The Department shall establish and maintain
24 tax-supported child welfare services and extend and seek to
25 improve voluntary services throughout the State, to the end
26 that services and care shall be available on an equal basis
27 throughout the State to children requiring such services.
28 (d) The Director may authorize advance disbursements for
29 any new program initiative to any agency contracting with the
30 Department. As a prerequisite for an advance disbursement,
31 the contractor must post a surety bond in the amount of the
32 advance disbursement and have a purchase of service contract
33 approved by the Department. The Department may pay up to 2
34 months operational expenses in advance. The amount of the
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1 advance disbursement shall be prorated over the life of the
2 contract or the remaining months of the fiscal year,
3 whichever is less, and the installment amount shall then be
4 deducted from future bills. Advance disbursement
5 authorizations for new initiatives shall not be made to any
6 agency after that agency has operated during 2 consecutive
7 fiscal years. The requirements of this Section concerning
8 advance disbursements shall not apply with respect to the
9 following: payments to local public agencies for child day
10 care services as authorized by Section 5a of this Act; and
11 youth service programs receiving grant funds under Section
12 17a-4.
13 (e) For the purpose of insuring effective state-wide
14 planning, development, and utilization of resources for the
15 day care of children, operated under various auspices, the
16 Department is hereby designated to coordinate all day care
17 activities for children of the State and shall:
18 (1) Develop on or before December 1, 1977, and
19 update every year thereafter, a state comprehensive
20 day-care plan for submission to the Governor which
21 identifies high-priority areas and groups, relating them
22 to available resources, and identifying the most
23 effective approaches to the use of existing day care
24 services. The State comprehensive day-care plan shall be
25 made available to the General Assembly following the
26 Governor's approval of the plan.
27 The plan shall include methods and procedures for
28 the development of additional day care resources for
29 children to meet the goal of reducing short-run and
30 long-run dependency and to provide necessary enrichment
31 and stimulation to the education of young children.
32 Recommendation shall be made for State policy on optimum
33 use of private and public, local, state and federal
34 resources, including an estimate of the resources needed
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1 for the licensing and regulation of day care facilities.
2 A written report shall be submitted to the Governor
3 and the General Assembly, annually, on April 15, and
4 shall include an evaluation of developments over the
5 preceding fiscal year, including cost-benefit analyses of
6 various arrangements. Beginning with the report in 1990
7 and every 2 years thereafter, the report shall also
8 include the following:
9 (A) An assessment of the child care services,
10 needs and available resources throughout the State
11 and an assessment of the adequacy of existing child
12 care services, including, but not limited to,
13 services assisted under this Act and under any other
14 program administered by other State agencies.
15 (B) A survey of day care facilities to
16 determine the number of qualified caregivers, as
17 defined by rule, attracted to vacant positions and
18 any problems encountered by facilities in attracting
19 and retaining capable caregivers.
20 (C) The average wages and salaries and fringe
21 benefit packages paid to caregivers throughout the
22 State, computed on a regional basis.
23 (D) The qualifications of new caregivers hired
24 at licensed day care facilities during the previous
25 2 year period.
26 (E) Recommendations for increasing caregiver
27 wages and salaries to insure quality care for
28 children.
29 (F) Evaluation of the fee structure and income
30 eligibility for child care subsidized by the State.
31 The requirement for reporting to the General
32 Assembly shall be satisfied by filing copies of the
33 report with the Speaker, the Minority Leader and the
34 Clerk of the House of Representatives and the President,
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1 the Minority Leader and the Secretary of the Senate and
2 the Legislative Research Unit, as required by Section 3.1
3 of the General Assembly Organization Act, and filing such
4 additional copies with the State Government Report
5 Distribution Center for the General Assembly as is
6 required under paragraph (t) of Section 7 of the State
7 Library Act.
8 (2) Establish policies and procedures for
9 developing and implementing interagency agreements with
10 other agencies of the State providing child care services
11 or reimbursement for such services.
12 (3) In cooperation with other State agencies,
13 develop and implement a resource and referral system for
14 the State of Illinois either within the Department or by
15 contract with local or regional agencies. Funding for
16 implementation of this system may be provided through
17 Department appropriations or other inter-agency funding
18 arrangements. The resource and referral system shall
19 provide at least the following services:
20 (A) assembling and maintaining a data base on
21 the supply of child care services;
22 (B) providing information and referrals for
23 parents;
24 (C) coordinating the development of new child
25 care resources;
26 (D) providing technical assistance and
27 training to child care service providers; and
28 (E) recording and analyzing the demand for
29 child care services.
30 The Department shall complete implementation of this
31 resource and referral system in all regions of the State
32 by January 1, 1992.
33 (4) Conduct day care planning activities with the
34 following priorities:
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1 (A) development of voluntary day care
2 resources wherever possible, with the provision for
3 grants-in-aid only where demonstrated to be useful
4 and necessary as incentives or supports;
5 (B) emphasis on service to children of
6 recipients of public assistance where such service
7 will allow training or employment of the parent
8 toward achieving the goal of independence;
9 (C) maximum employment of recipients of public
10 assistance in day care centers and day care homes,
11 operated in conjunction with short-term work
12 training programs;
13 (D) care of children from families in stress
14 and crises whose members potentially may become, or
15 are in danger of becoming, non-productive and
16 dependent;
17 (E) expansion of family day care facilities
18 wherever possible;
19 (F) location of centers in economically
20 depressed neighborhoods, preferably in multi-service
21 centers with cooperation of other agencies;
22 (G) use of existing facilities free of charge
23 or for reasonable rental wherever possible in lieu
24 of construction;
25 (H) development of strategies for assuring a
26 more complete range of day care options, including
27 provision of day care services in homes, in schools
28 or in centers, which will enable a parent or parents
29 to complete a course of education or obtain or
30 maintain employment.
31 Emphasis shall be given to support services which
32 will help to ensure such parents' graduation from high
33 school and to services for participants in the Project
34 Chance program of job training conducted by the Illinois
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1 Department of Public Aid.
2 (5) Actively stimulate the development of public
3 and private resources at the local level. It shall also
4 seek the fullest utilization of federal funds directly or
5 indirectly available to the Department.
6 Where appropriate, existing non-governmental agencies or
7 associations shall be involved in planning by the Department.
8 (f) The Department, pursuant to a contract with the
9 Illinois Department of Public Aid, may provide child care
10 services to former recipients of assistance under The
11 Illinois Public Aid Code as authorized by Section 9-6.3 of
12 that Code.
13 (g) The Department shall establish rules and regulations
14 concerning its operation of programs designed to meet the
15 goals of child protection, family preservation, family
16 reunification, adoption and youth development, including but
17 not limited to:
18 (1) adoption;
19 (2) foster care;
20 (3) family counseling;
21 (4) protective services;
22 (5) service to unwed mothers;
23 (6) homemaker service;
24 (7) return of runaway children;
25 (8) independent living skills and shelter for
26 homeless youth;
27 (9) placement under Section 5-7 of the Juvenile
28 Court Act or Section 2-27, 3-28, 4-25 or 5-29 of the
29 Juvenile Court Act of 1987 in accordance with the federal
30 Adoption Assistance and Child Welfare Act of 1980; and
31 (10) interstate services.
32 Rules and regulations established by the Department shall
33 include provisions for training Department staff and the
34 staff of Department grantees, through contracts with other
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1 agencies or resources, in alcohol and drug abuse screening
2 techniques to identify children and adults who should be
3 referred to an alcohol and drug abuse treatment program for
4 professional evaluation.
5 (h) If the Department finds that there is no appropriate
6 program or facility within or available to the Department for
7 a ward and that no licensed private facility has an adequate
8 and appropriate program or none agrees to accept the ward,
9 the Department shall create an appropriate individualized,
10 program-oriented plan for such ward. The plan may be
11 developed within the Department or through purchase of
12 services by the Department to the extent that it is within
13 its statutory authority to do.
14 (i) Service programs shall be available throughout the
15 State and shall include but not be limited to the following
16 services:
17 (1) case management;
18 (2) homemakers;
19 (3) counseling;
20 (4) parent education;
21 (5) day care; and
22 (6) emergency assistance and advocacy.
23 In addition, the following services may be made available
24 to assess and meet the needs of children and families:
25 (1) comprehensive family-based services;
26 (2) assessments;
27 (3) respite care; and
28 (4) in-home health services.
29 The Department shall provide transportation for any of
30 the services it makes available to children or families or
31 for which it refers children or families.
32 (j) The Department may provide financial assistance, and
33 shall establish rules and regulations concerning such
34 assistance, to persons who adopt physically or mentally
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1 handicapped, older and other hard-to-place children who
2 immediately prior to their adoption were legal wards of the
3 Department. The Department may also provide financial
4 assistance, and shall establish rules and regulations for
5 such assistance, to persons appointed guardian of the person
6 under Section 5-7 of the Juvenile Court Act or Section 2-27,
7 3-28, 4-25 or 5-29 of the Juvenile Court Act of 1987 for
8 children who were wards of the Department for 12 months
9 immediately prior to the appointment of the successor
10 guardian and for whom the Department has set a goal of
11 permanent family placement with a foster family.
12 The amount of assistance may vary, depending upon the
13 needs of the child but may not exceed the cost of foster care
14 payments or special service payments that would be made by
15 the and the adoptive parents, but must be at least $25 less
16 than the monthly cost of care of the child in a foster home,
17 as set forth in the annual assistance agreement. Special
18 purpose grants are allowed where the child requires special
19 service but such costs may not exceed the amounts which
20 similar services would cost the Department if it were to
21 provide or secure them as guardian of the child.
22 Any financial assistance provided under this subsection
23 is inalienable by assignment, sale, execution, attachment,
24 garnishment, or any other remedy for recovery or collection
25 of a judgment or debt.
26 Adoption subsidies for physically or mentally handicapped
27 children shall be determined on the basis of the child's
28 medical condition or disability, whether the condition or
29 disability is physical, mental, or emotional. If the
30 condition is discovered during the child's minority, the
31 subsidy shall be paid to the adoptive parent retroactive to
32 the date of the interim order of adoption or the onset of the
33 condition or disability whichever is later. The Department
34 shall have the authority to promulgate rules for the
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1 implementation of this Section, pursuant to the Illinois
2 Administrative Procedure Act.
3 (k) The Department shall accept for care and training
4 any child who has been adjudicated neglected or abused, or
5 dependent committed to it pursuant to the Juvenile Court Act
6 or the Juvenile Court Act of 1987.
7 (l) Before July 1, 2000, the Department may provide, and
8 beginning July 1, 2000, the Department shall provide, family
9 preservation services, as determined to be appropriate and in
10 the child's best interests and when the child will not be in
11 imminent risk of harm, to any family whose child has been
12 placed in substitute care, any persons who have adopted a
13 child and require post-adoption services, or any persons
14 whose child or children are at risk of being placed outside
15 their home as documented by an "indicated" report of
16 suspected child abuse or neglect determined pursuant to the
17 Abused and Neglected Child Reporting Act. Nothing in this
18 paragraph shall be construed to create a private right of
19 action or claim on the part of any individual or child
20 welfare agency.
21 The Department shall notify the child and his family of
22 the Department's responsibility to offer and provide family
23 preservation services as identified in the service plan. The
24 child and his family shall be eligible for services as soon
25 as the report is determined to be "indicated". The
26 Department may offer services to any child or family with
27 respect to whom a report of suspected child abuse or neglect
28 has been filed, prior to concluding its investigation under
29 Section 7.12 of the Abused and Neglected Child Reporting Act.
30 However, the child's or family's willingness to accept
31 services shall not be considered in the investigation. The
32 Department may also provide services to any child or family
33 who is the subject of any report of suspected child abuse or
34 neglect or may refer such child or family to services
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1 available from other agencies in the community, even if the
2 report is determined to be unfounded, if the conditions in
3 the child's or family's home are reasonably likely to subject
4 the child or family to future reports of suspected child
5 abuse or neglect. Acceptance of such services shall be
6 voluntary.
7 The Department may, at its discretion except for those
8 children also adjudicated neglected or dependent, accept for
9 care and training any child who has been adjudicated
10 addicted, as a truant minor in need of supervision or as a
11 minor requiring authoritative intervention, under the
12 Juvenile Court Act or the Juvenile Court Act of 1987, but no
13 such child shall be committed to the Department by any court
14 without the approval of the Department. A minor charged with
15 a criminal offense under the Criminal Code of 1961 or
16 adjudicated delinquent shall not be placed in the custody of
17 or committed to the Department by any court, except a minor
18 less than 13 years of age committed to the Department under
19 Section 5-23 of the Juvenile Court Act of 1987.
20 (m) The Department may assume temporary custody of any
21 child if:
22 (1) it has received a written consent to such
23 temporary custody signed by the parents of the child or
24 by the parent having custody of the child if the parents
25 are not living together or by the guardian or custodian
26 of the child if the child is not in the custody of either
27 parent, or
28 (2) the child is found in the State and neither a
29 parent, guardian nor custodian of the child can be
30 located.
31 If the child is found in his or her residence without a
32 parent, guardian, custodian or responsible caretaker, the
33 Department may, instead of removing the child and assuming
34 temporary custody, place an authorized representative of the
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1 Department in that residence until such time as a parent,
2 guardian or custodian enters the home and expresses a
3 willingness and apparent ability to resume permanent charge
4 of the child, or until a relative enters the home and is
5 willing and able to assume charge of the child until a
6 parent, guardian or custodian enters the home and expresses
7 such willingness and ability to resume permanent charge.
8 After a caretaker has remained in the home for a period not
9 to exceed 12 hours, the Department must follow those
10 procedures outlined in Section 2-9, 3-11, 4-8 or 5-9 of the
11 Juvenile Court Act of 1987.
12 The Department shall have the authority, responsibilities
13 and duties that a legal custodian of the child would have
14 pursuant to subsection (9) of Section 1-3 of the Juvenile
15 Court Act of 1987. Whenever a child is taken into temporary
16 custody pursuant to an investigation under the Abused and
17 Neglected Child Reporting Act, or pursuant to a referral and
18 acceptance under the Juvenile Court Act of 1987 of a minor in
19 limited custody, the Department, during the period of
20 temporary custody and before the child is brought before a
21 judicial officer as required by Section 2-9, 3-11, 4-8 or 5-9
22 of the Juvenile Court Act of 1987, shall have the authority,
23 responsibilities and duties that a legal custodian of the
24 child would have under subsection (9) of Section 1-3 of the
25 Juvenile Court Act of 1987.
26 The Department shall ensure that any child taken into
27 custody is scheduled for an appointment for a medical
28 examination.
29 A parent, guardian or custodian of a child in the
30 temporary custody of the Department who would have custody of
31 the child if he were not in the temporary custody of the
32 Department may deliver to the Department a signed request
33 that the Department surrender the temporary custody of the
34 child. The Department may retain temporary custody of the
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1 child for 10 days after the receipt of the request, during
2 which period the Department may cause to be filed a petition
3 pursuant to the Juvenile Court Act of 1987. If a petition is
4 so filed, the Department shall retain temporary custody of
5 the child until the court orders otherwise. If a petition is
6 not filed within the 10 day period, the child shall be
7 surrendered to the custody of the requesting parent, guardian
8 or custodian not later than the expiration of the 10 day
9 period, at which time the authority and duties of the
10 Department with respect to the temporary custody of the child
11 shall terminate.
12 (n) The Department may place children under 18 years of
13 age in licensed child care facilities when in the opinion of
14 the Department, appropriate services aimed at family
15 preservation have been unsuccessful or unavailable and such
16 placement would be for their best interest. Payment for
17 board, clothing, care, training and supervision of any child
18 placed in a licensed child care facility may be made by the
19 Department, by the parents or guardians of the estates of
20 those children, or by both the Department and the parents or
21 guardians, except that no payments shall be made by the
22 Department for any child placed in a licensed child care
23 facility for board, clothing, care, training and supervision
24 of such a child that exceed the average per capita cost of
25 maintaining and of caring for a child in institutions for
26 dependent or neglected children operated by the Department.
27 However, such restriction on payments does not apply in cases
28 where children require specialized care and treatment for
29 problems of severe emotional disturbance, physical
30 disability, social adjustment, or any combination thereof and
31 suitable facilities for the placement of such children are
32 not available at payment rates within the limitations set
33 forth in this Section. All reimbursements for services
34 delivered shall be absolutely inalienable by assignment,
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1 sale, attachment, garnishment or otherwise.
2 (o) The Department shall establish an administrative
3 review and appeal process for children and families who
4 request or receive child welfare services from the
5 Department. Children who are wards of the Department and are
6 placed by private child welfare agencies, and foster families
7 with whom those children are placed, shall be afforded the
8 same procedural and appeal rights as children and families in
9 the case of placement by the Department, including the right
10 to an initial review of a private agency decision by that
11 agency. The Department shall insure that any private child
12 welfare agency, which accepts wards of the Department for
13 placement, affords those rights to children and foster
14 families. The Department shall accept for administrative
15 review and an appeal hearing a complaint made by a child or
16 foster family concerning a decision following an initial
17 review by a private child welfare agency. An appeal of a
18 decision concerning a change in the placement of a child
19 shall be conducted in an expedited manner.
20 (p) There is hereby created the Department of Children
21 and Family Services Emergency Assistance Fund from which the
22 Department may provide special financial assistance to
23 families which are in economic crisis when such assistance is
24 not available through other public or private sources and the
25 assistance is deemed necessary to prevent dissolution of the
26 family unit or to reunite families which have been separated
27 due to child abuse and neglect. The Department shall
28 establish administrative rules specifying the criteria for
29 determining eligibility for and the amount and nature of
30 assistance to be provided. The Department may also enter
31 into written agreements with private and public social
32 service agencies to provide emergency financial services to
33 families referred by the Department. Special financial
34 assistance payments shall be available to a family no more
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1 than once during each fiscal year and the total payments to a
2 family may not exceed $500 during a fiscal year.
3 (q) The Department may receive and use, in their
4 entirety, for the benefit of children any gift, donation or
5 bequest of money or other property which is received on
6 behalf of such children, or any financial benefits to which
7 such children are or may become entitled while under the
8 jurisdiction or care of the Department.
9 The Department shall set up and administer no-cost,
10 interest-bearing savings accounts in appropriate financial
11 institutions ("individual accounts") for children for whom
12 the Department is legally responsible and who have been
13 determined eligible for Veterans' Benefits, Social Security
14 benefits, assistance allotments from the armed forces, court
15 ordered payments, parental voluntary payments, Supplemental
16 Security Income, Railroad Retirement payments, Black Lung
17 benefits, or other miscellaneous payments. Interest earned
18 by each individual account shall be credited to the account,
19 unless disbursed in accordance with this subsection.
20 In disbursing funds from children's individual accounts,
21 the Department shall:
22 (1) Establish standards in accordance with State
23 and federal laws for disbursing money from children's
24 individual accounts. In all circumstances, the
25 Department's "Guardianship Administrator" or his or her
26 designee must approve disbursements from children's
27 individual accounts. The Department shall be responsible
28 for keeping complete records of all disbursements for
29 each individual account for any purpose.
30 (2) Calculate on a monthly basis the amounts paid
31 from State funds for the child's board and care, medical
32 care not covered under Medicaid, and social services; and
33 utilize funds from the child's individual account, as
34 covered by regulation, to reimburse those costs.
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1 Monthly, disbursements from all children's individual
2 accounts, up to 1/12 of $13,000,000, shall be deposited
3 by the Department into the General Revenue Fund and the
4 balance over 1/12 of $13,000,000 into the DCFS Children's
5 Services Fund.
6 (3) Maintain any balance remaining after
7 reimbursing for the child's costs of care, as specified
8 in item (2). The balance shall accumulate in accordance
9 with relevant State and federal laws and shall be
10 disbursed to the child or his or her guardian, or to the
11 issuing agency.
12 (r) The Department shall promulgate regulations
13 requiring encouraging all adoption agencies to voluntarily
14 forward to the Department or its agent names and addresses of
15 all persons who have applied for and have been approved for
16 adoption of a hard-to-place or handicapped child and the
17 names of such children who have not been placed for adoption
18 in accordance with Sections 7.5 and 7.10. A list of such
19 names and addresses shall be maintained by the Department or
20 its agent as part of the Child Foster Care and Adoption
21 Network, and coded lists which maintain the confidentiality
22 of the person seeking to adopt the child and of the child
23 shall be made available, without charge, to every adoption
24 agency in the State to assist the agencies in placing such
25 children for adoption. The Department may delegate to an
26 agent its duty to maintain and make available such lists.
27 The Department shall ensure that such agent maintains the
28 confidentiality of the person seeking to adopt the child and
29 of the child.
30 (s) The Department of Children and Family Services may
31 establish and implement a program to reimburse Department and
32 private child welfare agency foster parents licensed by the
33 Department of Children and Family Services for damages
34 sustained by the foster parents as a result of the malicious
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1 or negligent acts of foster children, as well as providing
2 third party coverage for such foster parents with regard to
3 actions of foster children to other individuals. Such
4 coverage will be secondary to the foster parent liability
5 insurance policy, if applicable. The program shall be funded
6 through appropriations from the General Revenue Fund,
7 specifically designated for such purposes.
8 (t) The Department shall perform home studies and
9 investigations and shall exercise supervision over visitation
10 as ordered by a court pursuant to the Illinois Marriage and
11 Dissolution of Marriage Act or the Adoption Act only if:
12 (1) an order entered by an Illinois court
13 specifically directs the Department to perform such
14 services; and
15 (2) the court has ordered one or both of the
16 parties to the proceeding to reimburse the Department for
17 its reasonable costs for providing such services in
18 accordance with Department rules, or has determined that
19 neither party is financially able to pay.
20 The Department shall provide written notification to the
21 court of the specific arrangements for supervised visitation
22 and projected monthly costs within 60 days of the court
23 order. The Department shall send to the court information
24 related to the costs incurred except in cases where the court
25 has determined the parties are financially unable to pay. The
26 court may order additional periodic reports as appropriate.
27 (u) Whenever the Department places a child in a licensed
28 foster home, group home, child care institution, or in a
29 relative home, the Department shall provide to the caretaker:
30 (1) available detailed information concerning the
31 child's educational and health history, copies of
32 immunization records (including insurance and medical
33 card information), a history of the child's previous
34 placements, if any, and reasons for placement changes
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1 excluding any information that identifies or reveals the
2 location of any previous caretaker;
3 (2) a copy of the child's portion of the client
4 service plan, including any visitation arrangement, and
5 all amendments or revisions to it as related to the
6 child; and
7 (3) information containing details of the child's
8 individualized educational plan when the child is
9 receiving special education services.
10 The caretaker shall be informed of any known social or
11 behavioral information (including, but not limited to, fire
12 setting, perpetuation of sexual abuse, destructive behavior,
13 and substance abuse) necessary to care for and safeguard the
14 child.
15 (u-5) Effective July 1, 1995, only foster care
16 placements licensed as foster family homes pursuant to the
17 Child Care Act of 1969 shall be eligible to receive foster
18 care payments from the Department. Relative caregivers who,
19 as of July 1, 1995, were approved pursuant to approved
20 relative placement rules previously promulgated by the
21 Department at 89 Ill. Adm. Code 335 and had submitted an
22 application for licensure as a foster family home may
23 continue to receive foster care payments only until the
24 Department determines that they may be licensed as a foster
25 family home or that their application for licensure is denied
26 or until September 30, 1995, whichever occurs first.
27 (v) The Department shall access criminal history record
28 information as defined in the Illinois Uniform Conviction
29 Information Act and information maintained in the
30 adjudicatory and dispositional record system as defined in
31 subdivision (A)19 of Section 55a of the Civil Administrative
32 Code of Illinois if the Department determines the information
33 is necessary to perform its duties under the Abused and
34 Neglected Child Reporting Act, the Child Care Act of 1969,
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1 and the Children and Family Services Act. The Department
2 shall provide for interactive computerized communication and
3 processing equipment that permits direct on-line
4 communication with the Department of State Police's central
5 criminal history data repository. The Department shall
6 comply with all certification requirements and provide
7 certified operators who have been trained by personnel from
8 the Department of State Police. In addition, one Office of
9 the Inspector General investigator shall have training in the
10 use of the criminal history information access system and
11 have access to the terminal. The Department of Children and
12 Family Services and its employees shall abide by rules and
13 regulations established by the Department of State Police
14 relating to the access and dissemination of this information.
15 (w) Within 120 days of August 20, 1995 (the effective
16 date of Public Act 89-392), the Department shall prepare and
17 submit to the Governor and the General Assembly, a written
18 plan for the development of in-state licensed secure child
19 care facilities that care for children who are in need of
20 secure living arrangements for their health, safety, and
21 well-being. For purposes of this subsection, secure care
22 facility shall mean a facility that is designed and operated
23 to ensure that all entrances and exits from the facility, a
24 building or a distinct part of the building, are under the
25 exclusive control of the staff of the facility, whether or
26 not the child has the freedom of movement within the
27 perimeter of the facility, building, or distinct part of the
28 building. The plan shall include descriptions of the types
29 of facilities that are needed in Illinois; the cost of
30 developing these secure care facilities; the estimated number
31 of placements; the potential cost savings resulting from the
32 movement of children currently out-of-state who are projected
33 to be returned to Illinois; the necessary geographic
34 distribution of these facilities in Illinois; and a proposed
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1 timetable for development of such facilities.
2 (Source: P.A. 88-380; 88-398; 88-487; 88-614, eff. 9-7-94;
3 88-670, eff. 12-2-94; 89-21, eff. 6-6-95; 89-392, eff.
4 8-20-95; 89-626, eff. 8-9-96.)
5 (Text of Section after amendment by P.A. 89-507)
6 Sec. 5. Direct child welfare services; Department of
7 Children and Family Services. To provide direct child welfare
8 services when not available through other public or private
9 child care or program facilities.
10 (a) For purposes of this Section:
11 (1) "Children" means persons found within the State
12 who are under the age of 18 years. The term also
13 includes persons under age 19 who:
14 (A) were committed to the Department pursuant
15 to the Juvenile Court Act or the Juvenile Court Act
16 of 1987, as amended, prior to the age of 18 and who
17 continue under the jurisdiction of the court; or
18 (B) were accepted for care, service and
19 training by the Department prior to the age of 18
20 and whose best interest in the discretion of the
21 Department would be served by continuing that care,
22 service and training because of severe emotional
23 disturbances, physical disability, social adjustment
24 or any combination thereof, or because of the need
25 to complete an educational or vocational training
26 program.
27 (2) "Homeless youth" means persons found within the
28 State who are under the age of 19, are not in a safe and
29 stable living situation and cannot be reunited with their
30 families.
31 (3) "Child welfare services" means public social
32 services which are directed toward the accomplishment of
33 the following purposes:
34 (A) protecting and promoting the welfare of
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1 children, including homeless, dependent or neglected
2 children;
3 (B) remedying, or assisting in the solution of
4 problems which may result in, the neglect, abuse,
5 exploitation or delinquency of children;
6 (C) preventing the unnecessary separation of
7 children from their families by identifying family
8 problems, assisting families in resolving their
9 problems, and preventing the breakup of the family
10 where the prevention of child removal is desirable
11 and possible;
12 (D) restoring to their families children who
13 have been removed, by the provision of services to
14 the child and the families;
15 (E) placing children in suitable adoptive
16 homes, in cases where restoration to the biological
17 family is not possible or appropriate;
18 (F) assuring adequate care of children away
19 from their homes, in cases where the child cannot be
20 returned home or cannot be placed for adoption;
21 (G) (blank);
22 (H) (blank); and
23 (I) placing and maintaining children in
24 facilities that provide separate living quarters for
25 children under the age of 18 and for children 18
26 years of age and older, unless a child 18 years of
27 age is in the last year of high school education or
28 vocational training, in an approved individual or
29 group treatment program, or in a licensed shelter
30 facility. The Department is not required to place
31 or maintain children:
32 (i) who are in a foster home, or
33 (ii) who are persons with a developmental
34 disability, as defined in the Mental Health and
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1 Developmental Disabilities Code, or
2 (iii) who are female children who are
3 pregnant, pregnant and parenting or parenting,
4 or
5 (iv) who are siblings,
6 in facilities that provide separate living quarters
7 for children 18 years of age and older and for
8 children under 18 years of age.
9 (b) Nothing in this Section shall be construed to
10 authorize the expenditure of public funds for the purpose of
11 performing abortions.
12 (c) The Department shall establish and maintain
13 tax-supported child welfare services and extend and seek to
14 improve voluntary services throughout the State, to the end
15 that services and care shall be available on an equal basis
16 throughout the State to children requiring such services.
17 (d) The Director may authorize advance disbursements for
18 any new program initiative to any agency contracting with the
19 Department. As a prerequisite for an advance disbursement,
20 the contractor must post a surety bond in the amount of the
21 advance disbursement and have a purchase of service contract
22 approved by the Department. The Department may pay up to 2
23 months operational expenses in advance. The amount of the
24 advance disbursement shall be prorated over the life of the
25 contract or the remaining months of the fiscal year,
26 whichever is less, and the installment amount shall then be
27 deducted from future bills. Advance disbursement
28 authorizations for new initiatives shall not be made to any
29 agency after that agency has operated during 2 consecutive
30 fiscal years. The requirements of this Section concerning
31 advance disbursements shall not apply with respect to the
32 following: payments to local public agencies for child day
33 care services as authorized by Section 5a of this Act; and
34 youth service programs receiving grant funds under Section
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1 17a-4.
2 (e) (Blank).
3 (f) (Blank).
4 (g) The Department shall establish rules and regulations
5 concerning its operation of programs designed to meet the
6 goals of child protection, family preservation, family
7 reunification, and adoption, including but not limited to:
8 (1) adoption;
9 (2) foster care;
10 (3) family counseling;
11 (4) protective services;
12 (5) (blank);
13 (6) homemaker service;
14 (7) return of runaway children;
15 (8) (blank);
16 (9) placement under Section 5-7 of the Juvenile
17 Court Act or Section 2-27, 3-28, 4-25 or 5-29 of the
18 Juvenile Court Act of 1987 in accordance with the federal
19 Adoption Assistance and Child Welfare Act of 1980; and
20 (10) interstate services.
21 Rules and regulations established by the Department shall
22 include provisions for training Department staff and the
23 staff of Department grantees, through contracts with other
24 agencies or resources, in alcohol and drug abuse screening
25 techniques to identify children and adults who should be
26 referred to an alcohol and drug abuse treatment program for
27 professional evaluation.
28 (h) If the Department finds that there is no appropriate
29 program or facility within or available to the Department for
30 a ward and that no licensed private facility has an adequate
31 and appropriate program or none agrees to accept the ward,
32 the Department shall create an appropriate individualized,
33 program-oriented plan for such ward. The plan may be
34 developed within the Department or through purchase of
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1 services by the Department to the extent that it is within
2 its statutory authority to do.
3 (i) Service programs shall be available throughout the
4 State and shall include but not be limited to the following
5 services:
6 (1) case management;
7 (2) homemakers;
8 (3) counseling;
9 (4) parent education;
10 (5) day care; and
11 (6) emergency assistance and advocacy.
12 In addition, the following services may be made available
13 to assess and meet the needs of children and families:
14 (1) comprehensive family-based services;
15 (2) assessments;
16 (3) respite care; and
17 (4) in-home health services.
18 The Department shall provide transportation for any of
19 the services it makes available to children or families or
20 for which it refers children or families.
21 (j) The Department may provide financial assistance, and
22 shall establish rules and regulations concerning such
23 assistance, to persons who adopt physically or mentally
24 handicapped, older and other hard-to-place children who
25 immediately prior to their adoption were legal wards of the
26 Department. The Department may also provide financial
27 assistance, and shall establish rules and regulations for
28 such assistance, to persons appointed guardian of the person
29 under Section 5-7 of the Juvenile Court Act or Section 2-27,
30 3-28, 4-25 or 5-29 of the Juvenile Court Act of 1987 for
31 children who were wards of the Department for 12 months
32 immediately prior to the appointment of the successor
33 guardian and for whom the Department has set a goal of
34 permanent family placement with a foster family.
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1 The amount of assistance may vary, depending upon the
2 needs of the child but may not exceed the cost of foster care
3 payments or special service payments that would be made by
4 the and the adoptive parents, but must be at least $25 less
5 than the monthly cost of care of the child in a foster home,
6 as set forth in the annual assistance agreement. Special
7 purpose grants are allowed where the child requires special
8 service but such costs may not exceed the amounts which
9 similar services would cost the Department if it were to
10 provide or secure them as guardian of the child.
11 Any financial assistance provided under this subsection
12 is inalienable by assignment, sale, execution, attachment,
13 garnishment, or any other remedy for recovery or collection
14 of a judgment or debt.
15 Adoption subsidies for physically or mentally handicapped
16 children shall be determined on the basis of the child's
17 medical condition or disability, whether the condition or
18 disability is physical, mental, or emotional. If the
19 condition is discovered during the child's minority, the
20 subsidy shall be paid to the adoptive parent retroactive to
21 the date of the interim order of adoption or the onset of the
22 condition or disability whichever is later. The Department
23 shall have the authority to promulgate rules for the
24 implementation of this Section, pursuant to the Illinois
25 Administrative Procedure Act.
26 (k) The Department shall accept for care and training
27 any child who has been adjudicated neglected or abused, or
28 dependent committed to it pursuant to the Juvenile Court Act
29 or the Juvenile Court Act of 1987.
30 (l) Before July 1, 2000, the Department may provide, and
31 beginning July 1, 2000, the Department shall provide, family
32 preservation services, as determined to be appropriate and in
33 the child's best interests and when the child will not be in
34 imminent risk of harm, to any family whose child has been
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1 placed in substitute care, any persons who have adopted a
2 child and require post-adoption services, or any persons
3 whose child or children are at risk of being placed outside
4 their home as documented by an "indicated" report of
5 suspected child abuse or neglect determined pursuant to the
6 Abused and Neglected Child Reporting Act. Nothing in this
7 paragraph shall be construed to create a private right of
8 action or claim on the part of any individual or child
9 welfare agency.
10 The Department shall notify the child and his family of
11 the Department's responsibility to offer and provide family
12 preservation services as identified in the service plan. The
13 child and his family shall be eligible for services as soon
14 as the report is determined to be "indicated". The
15 Department may offer services to any child or family with
16 respect to whom a report of suspected child abuse or neglect
17 has been filed, prior to concluding its investigation under
18 Section 7.12 of the Abused and Neglected Child Reporting Act.
19 However, the child's or family's willingness to accept
20 services shall not be considered in the investigation. The
21 Department may also provide services to any child or family
22 who is the subject of any report of suspected child abuse or
23 neglect or may refer such child or family to services
24 available from other agencies in the community, even if the
25 report is determined to be unfounded, if the conditions in
26 the child's or family's home are reasonably likely to subject
27 the child or family to future reports of suspected child
28 abuse or neglect. Acceptance of such services shall be
29 voluntary.
30 The Department may, at its discretion except for those
31 children also adjudicated neglected or dependent, accept for
32 care and training any child who has been adjudicated
33 addicted, as a truant minor in need of supervision or as a
34 minor requiring authoritative intervention, under the
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1 Juvenile Court Act or the Juvenile Court Act of 1987, but no
2 such child shall be committed to the Department by any court
3 without the approval of the Department. A minor charged with
4 a criminal offense under the Criminal Code of 1961 or
5 adjudicated delinquent shall not be placed in the custody of
6 or committed to the Department by any court, except a minor
7 less than 13 years of age committed to the Department under
8 Section 5-23 of the Juvenile Court Act of 1987.
9 (m) The Department may assume temporary custody of any
10 child if:
11 (1) it has received a written consent to such
12 temporary custody signed by the parents of the child or
13 by the parent having custody of the child if the parents
14 are not living together or by the guardian or custodian
15 of the child if the child is not in the custody of either
16 parent, or
17 (2) the child is found in the State and neither a
18 parent, guardian nor custodian of the child can be
19 located.
20 If the child is found in his or her residence without a
21 parent, guardian, custodian or responsible caretaker, the
22 Department may, instead of removing the child and assuming
23 temporary custody, place an authorized representative of the
24 Department in that residence until such time as a parent,
25 guardian or custodian enters the home and expresses a
26 willingness and apparent ability to resume permanent charge
27 of the child, or until a relative enters the home and is
28 willing and able to assume charge of the child until a
29 parent, guardian or custodian enters the home and expresses
30 such willingness and ability to resume permanent charge.
31 After a caretaker has remained in the home for a period not
32 to exceed 12 hours, the Department must follow those
33 procedures outlined in Section 2-9, 3-11, 4-8 or 5-9 of the
34 Juvenile Court Act of 1987.
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1 The Department shall have the authority, responsibilities
2 and duties that a legal custodian of the child would have
3 pursuant to subsection (9) of Section 1-3 of the Juvenile
4 Court Act of 1987. Whenever a child is taken into temporary
5 custody pursuant to an investigation under the Abused and
6 Neglected Child Reporting Act, or pursuant to a referral and
7 acceptance under the Juvenile Court Act of 1987 of a minor in
8 limited custody, the Department, during the period of
9 temporary custody and before the child is brought before a
10 judicial officer as required by Section 2-9, 3-11, 4-8 or 5-9
11 of the Juvenile Court Act of 1987, shall have the authority,
12 responsibilities and duties that a legal custodian of the
13 child would have under subsection (9) of Section 1-3 of the
14 Juvenile Court Act of 1987.
15 The Department shall ensure that any child taken into
16 custody is scheduled for an appointment for a medical
17 examination.
18 A parent, guardian or custodian of a child in the
19 temporary custody of the Department who would have custody of
20 the child if he were not in the temporary custody of the
21 Department may deliver to the Department a signed request
22 that the Department surrender the temporary custody of the
23 child. The Department may retain temporary custody of the
24 child for 10 days after the receipt of the request, during
25 which period the Department may cause to be filed a petition
26 pursuant to the Juvenile Court Act of 1987. If a petition is
27 so filed, the Department shall retain temporary custody of
28 the child until the court orders otherwise. If a petition is
29 not filed within the 10 day period, the child shall be
30 surrendered to the custody of the requesting parent, guardian
31 or custodian not later than the expiration of the 10 day
32 period, at which time the authority and duties of the
33 Department with respect to the temporary custody of the child
34 shall terminate.
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1 (n) The Department may place children under 18 years of
2 age in licensed child care facilities when in the opinion of
3 the Department, appropriate services aimed at family
4 preservation have been unsuccessful or unavailable and such
5 placement would be for their best interest. Payment for
6 board, clothing, care, training and supervision of any child
7 placed in a licensed child care facility may be made by the
8 Department, by the parents or guardians of the estates of
9 those children, or by both the Department and the parents or
10 guardians, except that no payments shall be made by the
11 Department for any child placed in a licensed child care
12 facility for board, clothing, care, training and supervision
13 of such a child that exceed the average per capita cost of
14 maintaining and of caring for a child in institutions for
15 dependent or neglected children operated by the Department.
16 However, such restriction on payments does not apply in cases
17 where children require specialized care and treatment for
18 problems of severe emotional disturbance, physical
19 disability, social adjustment, or any combination thereof and
20 suitable facilities for the placement of such children are
21 not available at payment rates within the limitations set
22 forth in this Section. All reimbursements for services
23 delivered shall be absolutely inalienable by assignment,
24 sale, attachment, garnishment or otherwise.
25 (o) The Department shall establish an administrative
26 review and appeal process for children and families who
27 request or receive child welfare services from the
28 Department. Children who are wards of the Department and are
29 placed by private child welfare agencies, and foster families
30 with whom those children are placed, shall be afforded the
31 same procedural and appeal rights as children and families in
32 the case of placement by the Department, including the right
33 to an initial review of a private agency decision by that
34 agency. The Department shall insure that any private child
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1 welfare agency, which accepts wards of the Department for
2 placement, affords those rights to children and foster
3 families. The Department shall accept for administrative
4 review and an appeal hearing a complaint made by a child or
5 foster family concerning a decision following an initial
6 review by a private child welfare agency. An appeal of a
7 decision concerning a change in the placement of a child
8 shall be conducted in an expedited manner.
9 (p) There is hereby created the Department of Children
10 and Family Services Emergency Assistance Fund from which the
11 Department may provide special financial assistance to
12 families which are in economic crisis when such assistance is
13 not available through other public or private sources and the
14 assistance is deemed necessary to prevent dissolution of the
15 family unit or to reunite families which have been separated
16 due to child abuse and neglect. The Department shall
17 establish administrative rules specifying the criteria for
18 determining eligibility for and the amount and nature of
19 assistance to be provided. The Department may also enter
20 into written agreements with private and public social
21 service agencies to provide emergency financial services to
22 families referred by the Department. Special financial
23 assistance payments shall be available to a family no more
24 than once during each fiscal year and the total payments to a
25 family may not exceed $500 during a fiscal year.
26 (q) The Department may receive and use, in their
27 entirety, for the benefit of children any gift, donation or
28 bequest of money or other property which is received on
29 behalf of such children, or any financial benefits to which
30 such children are or may become entitled while under the
31 jurisdiction or care of the Department.
32 The Department shall set up and administer no-cost,
33 interest-bearing savings accounts in appropriate financial
34 institutions ("individual accounts") for children for whom
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1 the Department is legally responsible and who have been
2 determined eligible for Veterans' Benefits, Social Security
3 benefits, assistance allotments from the armed forces, court
4 ordered payments, parental voluntary payments, Supplemental
5 Security Income, Railroad Retirement payments, Black Lung
6 benefits, or other miscellaneous payments. Interest earned
7 by each individual account shall be credited to the account,
8 unless disbursed in accordance with this subsection.
9 In disbursing funds from children's individual accounts,
10 the Department shall:
11 (1) Establish standards in accordance with State
12 and federal laws for disbursing money from children's
13 individual accounts. In all circumstances, the
14 Department's "Guardianship Administrator" or his or her
15 designee must approve disbursements from children's
16 individual accounts. The Department shall be responsible
17 for keeping complete records of all disbursements for
18 each individual account for any purpose.
19 (2) Calculate on a monthly basis the amounts paid
20 from State funds for the child's board and care, medical
21 care not covered under Medicaid, and social services; and
22 utilize funds from the child's individual account, as
23 covered by regulation, to reimburse those costs.
24 Monthly, disbursements from all children's individual
25 accounts, up to 1/12 of $13,000,000, shall be deposited
26 by the Department into the General Revenue Fund and the
27 balance over 1/12 of $13,000,000 into the DCFS Children's
28 Services Fund.
29 (3) Maintain any balance remaining after
30 reimbursing for the child's costs of care, as specified
31 in item (2). The balance shall accumulate in accordance
32 with relevant State and federal laws and shall be
33 disbursed to the child or his or her guardian, or to the
34 issuing agency.
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1 (r) The Department shall promulgate regulations
2 requiring encouraging all adoption agencies to voluntarily
3 forward to the Department or its agent names and addresses of
4 all persons who have applied for and have been approved for
5 adoption of a hard-to-place or handicapped child and the
6 names of such children who have not been placed for adoption
7 in accordance with Sections 7.5 and 7.10. A list of such
8 names and addresses shall be maintained by the Department or
9 its agent as part of the Child Foster Care and Adoption
10 Network, and coded lists which maintain the confidentiality
11 of the person seeking to adopt the child and of the child
12 shall be made available, without charge, to every adoption
13 agency in the State to assist the agencies in placing such
14 children for adoption. The Department may delegate to an
15 agent its duty to maintain and make available such lists.
16 The Department shall ensure that such agent maintains the
17 confidentiality of the person seeking to adopt the child and
18 of the child.
19 (s) The Department of Children and Family Services may
20 establish and implement a program to reimburse Department and
21 private child welfare agency foster parents licensed by the
22 Department of Children and Family Services for damages
23 sustained by the foster parents as a result of the malicious
24 or negligent acts of foster children, as well as providing
25 third party coverage for such foster parents with regard to
26 actions of foster children to other individuals. Such
27 coverage will be secondary to the foster parent liability
28 insurance policy, if applicable. The program shall be funded
29 through appropriations from the General Revenue Fund,
30 specifically designated for such purposes.
31 (t) The Department shall perform home studies and
32 investigations and shall exercise supervision over visitation
33 as ordered by a court pursuant to the Illinois Marriage and
34 Dissolution of Marriage Act or the Adoption Act only if:
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1 (1) an order entered by an Illinois court
2 specifically directs the Department to perform such
3 services; and
4 (2) the court has ordered one or both of the
5 parties to the proceeding to reimburse the Department for
6 its reasonable costs for providing such services in
7 accordance with Department rules, or has determined that
8 neither party is financially able to pay.
9 The Department shall provide written notification to the
10 court of the specific arrangements for supervised visitation
11 and projected monthly costs within 60 days of the court
12 order. The Department shall send to the court information
13 related to the costs incurred except in cases where the court
14 has determined the parties are financially unable to pay. The
15 court may order additional periodic reports as appropriate.
16 (u) Whenever the Department places a child in a licensed
17 foster home, group home, child care institution, or in a
18 relative home, the Department shall provide to the caretaker:
19 (1) available detailed information concerning the
20 child's educational and health history, copies of
21 immunization records (including insurance and medical
22 card information), a history of the child's previous
23 placements, if any, and reasons for placement changes
24 excluding any information that identifies or reveals the
25 location of any previous caretaker;
26 (2) a copy of the child's portion of the client
27 service plan, including any visitation arrangement, and
28 all amendments or revisions to it as related to the
29 child; and
30 (3) information containing details of the child's
31 individualized educational plan when the child is
32 receiving special education services.
33 The caretaker shall be informed of any known social or
34 behavioral information (including, but not limited to, fire
-35- LRB9000704MWpc
1 setting, perpetuation of sexual abuse, destructive behavior,
2 and substance abuse) necessary to care for and safeguard the
3 child.
4 (u-5) Effective July 1, 1995, only foster care
5 placements licensed as foster family homes pursuant to the
6 Child Care Act of 1969 shall be eligible to receive foster
7 care payments from the Department. Relative caregivers who,
8 as of July 1, 1995, were approved pursuant to approved
9 relative placement rules previously promulgated by the
10 Department at 89 Ill. Adm. Code 335 and had submitted an
11 application for licensure as a foster family home may
12 continue to receive foster care payments only until the
13 Department determines that they may be licensed as a foster
14 family home or that their application for licensure is denied
15 or until September 30, 1995, whichever occurs first.
16 (v) The Department shall access criminal history record
17 information as defined in the Illinois Uniform Conviction
18 Information Act and information maintained in the
19 adjudicatory and dispositional record system as defined in
20 subdivision (A)19 of Section 55a of the Civil Administrative
21 Code of Illinois if the Department determines the information
22 is necessary to perform its duties under the Abused and
23 Neglected Child Reporting Act, the Child Care Act of 1969,
24 and the Children and Family Services Act. The Department
25 shall provide for interactive computerized communication and
26 processing equipment that permits direct on-line
27 communication with the Department of State Police's central
28 criminal history data repository. The Department shall
29 comply with all certification requirements and provide
30 certified operators who have been trained by personnel from
31 the Department of State Police. In addition, one Office of
32 the Inspector General investigator shall have training in the
33 use of the criminal history information access system and
34 have access to the terminal. The Department of Children and
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1 Family Services and its employees shall abide by rules and
2 regulations established by the Department of State Police
3 relating to the access and dissemination of this information.
4 (w) Within 120 days of August 20, 1995 (the effective
5 date of Public Act 89-392), the Department shall prepare and
6 submit to the Governor and the General Assembly, a written
7 plan for the development of in-state licensed secure child
8 care facilities that care for children who are in need of
9 secure living arrangements for their health, safety, and
10 well-being. For purposes of this subsection, secure care
11 facility shall mean a facility that is designed and operated
12 to ensure that all entrances and exits from the facility, a
13 building or a distinct part of the building, are under the
14 exclusive control of the staff of the facility, whether or
15 not the child has the freedom of movement within the
16 perimeter of the facility, building, or distinct part of the
17 building. The plan shall include descriptions of the types
18 of facilities that are needed in Illinois; the cost of
19 developing these secure care facilities; the estimated number
20 of placements; the potential cost savings resulting from the
21 movement of children currently out-of-state who are projected
22 to be returned to Illinois; the necessary geographic
23 distribution of these facilities in Illinois; and a proposed
24 timetable for development of such facilities.
25 (Source: P.A. 88-380; 88-398; 88-487; 88-614, eff. 9-7-94;
26 88-670, eff. 12-2-94; 89-21, eff. 6-6-95; 89-392, eff.
27 8-20-95; 89-507, eff. 7-1-97; 89-626, eff. 8-9-96.)
28 (20 ILCS 505/7.5 new)
29 Sec. 7.5. Recruitment and retention of foster placements
30 and adoptive placements.
31 (a) Recruitment. All licensed child welfare agencies
32 that receive State funding for their services shall work with
33 their respective regional office of the Department of
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1 Children and Family Services to create an adequate and
2 appropriate pool of foster and adoptive family placements for
3 children in need of substitute care. The goal shall be to
4 achieve timely permanent placement for each minor within 12
5 months from the date of adjudication of wardship of the
6 minor. For purposes of this Section, the terms foster
7 placement or adoptive placement shall refer to foster family
8 or adoptive family.
9 The Department shall require that each licensed child
10 welfare agency receiving State funding, as a condition of its
11 State contract to provide foster placements, shall make
12 special efforts to recruit and retain a sufficient current
13 pool of appropriate licensed foster placements to meet the
14 cultural and special needs of children served by that agency.
15 For purposes of this Section, appropriate shall mean willing
16 and able to care for a child in need of placement under
17 federal and State laws governing foster care licensing or
18 approval. A licensed child welfare agency's current pool of
19 licensed foster placements shall be deemed sufficient when it
20 comprises no less than a 2-to-1 ratio of appropriate licensed
21 foster placements to children in need of placement. To
22 generate its current pool of licensed foster placement, each
23 licensed child welfare agency shall be expected to include
24 recruits from among appropriate relatives of children in need
25 of foster care, families of the same racial or ethnic origin,
26 families residing in the Department's service region
27 proximate to the child's natural family, and families
28 residing within the geographical area served by the licensed
29 child welfare agency.
30 The Department shall require that each licensed child
31 welfare agency receiving State funding, as a condition of its
32 State contract to provide adoptive placements, shall make
33 special efforts to recruit and retain a sufficient current
34 pool of appropriate adoptive placements to meet the cultural
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1 and special needs of children served by that agency. For
2 purposes of this Section, appropriate shall mean willing and
3 able to care for a child in need of placement pursuant to
4 federal and State laws governing adoptive placement. A
5 licensed child welfare agency's current pool of appropriate
6 adoptive placements shall be deemed sufficient when it
7 comprises no less than a 2-to-1 ratio of appropriate adoptive
8 placements to children in need of placement. To generate its
9 current pool of appropriate adoptive placements, each
10 licensed child welfare agency shall be expected to include
11 recruits from among appropriate relatives of children in need
12 of adoption, families of the same racial or ethnic origin,
13 and families residing in the Department's service region
14 served by the licensed child welfare agency.
15 Recruitment efforts for foster placements and adoptive
16 placements shall include contacting and working with foster
17 parent organizations, adoptive parent organizations,
18 community organizations, and religious organizations, and may
19 include contracting with these organizations, utilizing local
20 media and other local information resources, and conducting
21 outreach activities. Each licensed child welfare agency
22 shall have a written recruitment plan to be submitted to the
23 Department for approval prior to approval of its State
24 contract. The plan must include:
25 (1) strategies for using existing community
26 resources, including foster parent and adoptive parent
27 organizations, religious organizations, and community
28 organizations;
29 (2) strategies to eliminate racial, ethnic, and
30 national origin discrimination and bias in recruitment,
31 selection and placement procedures in order to foster
32 placement of children in placements that will best meet
33 each child's needs; and
34 (3) goals, objectives, and timetable for compliance
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1 of 2-to-1 ratio of foster placements or adoptive
2 placements for children in need of placement.
3 The Department shall require that licensed child welfare
4 agencies must be in no less than 50% compliance with the
5 placement ratio within 60 days of contract approval; 75%
6 compliance within 120 days of contract approval; and 95%
7 compliance within 180 days of contract approval. For the
8 balance of the contractual period, licensed child welfare
9 agencies will be required to be at 100% ratio compliance.
10 If at any time a licensed child welfare agency should fall
11 10% below ratio compliance, the Department shall affix a
12 penalty of not more than 10% of the value of the
13 administrative expenses for those foster care placement or
14 adoptive placement services below contract compliance for the
15 period of time the Department determines the services to be
16 below contract compliance. This Section shall be phased in
17 over 2 years from the date of its enactment. The Department
18 shall have the authority to promulgate rules for the
19 implementation of this Section, pursuant to the Illinois
20 Administrative Procedure Act.
21 The plan must include staffing goals and objectives. The
22 licensed child welfare agency must ensure that adoption and
23 foster care workers attend training offered and approved by
24 the Department regarding cultural diversity and the needs of
25 special needs children.
26 (b) Reimbursement rates for adoptive services.
27 Legislative intent: it is the intention of the General
28 Assembly to provide new incentives for timely permanent
29 placement of children in need of adoption. The State of
30 Michigan has established a program which has a proven record
31 of providing such incentives and obtaining timely adoptive
32 placement of children. The Department shall have rulemaking
33 authority to implement this Section and establish an
34 incentive program. All licensed child welfare agencies that
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1 are under contract with the Department to provide foster care
2 and adoption services shall be offered reimbursement for
3 adoptions based upon a three-tiered flat rate:
4 (1) An enhanced rate will be paid to the child
5 welfare agency that places a child in its care within 6
6 months of wardship.
7 (2) A standard rate will be paid to an agency that
8 places a child in its care after 6 months of the date of
9 wardship.
10 (3) A premium rate will be paid to an agency that
11 places a child registered on the Illinois Adoption
12 Information Exchange. The premium rate will not apply to
13 foster parent or relative adoptions. The agency that
14 registers the child on the Exchange will not be eligible
15 to receive the premium rate.
16 (4) Only a pre-placement rate will be paid to the
17 child welfare agency when a child in its care is placed
18 by another child welfare agency or Department regional
19 office.
20 If a child is not placed within 6 months of wardship, the
21 child shall be registered with the Illinois Adoption
22 Information Exchange. Failure to register the child, as
23 required, shall result in a 20% reduction in the licensed
24 child welfare agency's administrative rate for the child not
25 registered until the child is registered. The Department
26 shall have rulemaking authority to implement this Section and
27 to determine any additional penalties, up to and including
28 loss of licensure if failures are willful and repeated.
29 Once a child is registered on the Illinois Adoption
30 Information Exchange, the child is available on a statewide
31 basis for placement by any private adoption agency under
32 contract with the Department or any departmental office.
33 (c) Listing of prospective adoptive homes. The
34 Department of Children and Family Services shall establish
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1 and operate the Illinois Adoption Information Exchange. The
2 Illinois Adoption Information Exchange shall maintain a
3 current listing of all prospective adoptive homes in
4 Illinois. A placement shall be listed when the prospective
5 adoptive parent or parents have completed a home study
6 conducted by the Department or one of its assigns and have
7 met the requirements for licensing. Each licensed child
8 welfare agency shall report all prospective adoptive homes to
9 the Illinois Adoption Information Exchange within 30 days
10 after the issuance of a license. The Department shall
11 promulgate rules for the collection of specific data to be
12 maintained on the Exchange with respect to each prospective
13 home. The Department shall have rulemaking authority to
14 implement this Section.
15 As a separate part of the Exchange, the Department shall
16 also accept information from a prospective adoptive parent
17 who has received a favorable home study conducted by the
18 Department or its assigns that the individual is suitable to
19 be the parent of an adoptee. The information shall be filed
20 in a form and manner that will permit it to be readily
21 accessible to biological parents or licensed child welfare
22 agencies seeking adoptive homes for children.
23 (d) Annual reports. The Department shall compile an
24 annual report of all foster placements and adoptive
25 placements taking place in Illinois.
26 By January 31 of each year, each licensed child welfare
27 agency which places children for foster care or adoption
28 shall report the following:
29 Total number of children placed in foster care.
30 Total number of children placed for adoption.
31 Comparative numbers of placements recruited, filled,
32 and unfilled by county.
33 Comparative numbers of placements recruited, filled,
34 and unfilled by racial or ethnic origin.
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1 Sources of children placed for adoption by the
2 following categories:
3 Original locality of child by county, state or
4 nation.
5 Whether child was subject to a proceeding under
6 the Juvenile Court Act of 1987 prior to consent or
7 surrender.
8 Whether the child was subject of a petition of
9 termination of parental rights under the Juvenile
10 Court Act of 1987.
11 Racial or ethnic background of children and foster
12 or adoptive parent or parents.
13 Biological relationship, if any, between children
14 and foster or adoptive parent or parents.
15 Gender of children.
16 Age of children.
17 Number of children per placement.
18 Number of prior foster placements.
19 Total number of adoption disruptions.
20 Special needs, if any, of children placed.
21 Number of parents in each home.
22 Each licensed child welfare agency shall use the Child
23 Foster Care and Adoption Network to make its report to the
24 Department.
25 By March 31 of each year, the Department shall provide
26 the General Assembly with a comprehensive report on the type
27 and number of adoptions completed in Illinois during the
28 previous year. The report shall include all data provided by
29 licensed child welfare agencies pursuant to this Section, all
30 data obtained pursuant to the Department's administration of
31 the Interstate Compact on Adoptions and pursuant to the
32 Department's processing of intercounty adoptions, and all
33 data obtained from the Illinois Department of Public Health
34 relating to private adoptions. The Department of Children
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1 and Family Services shall have the authority pursuant to the
2 Illinois Administrative Procedure Act to promulgate such
3 rules as may be necessary to obtain the necessary data to
4 prepare this report.
5 (20 ILCS 505/7.10 new)
6 Sec. 7.10. Automated child foster care and adoption
7 network. By July 1, 1997, the Department shall establish an
8 automated Child Foster Care and Adoption Network ("CFCAN") in
9 every Department service region.
10 The CFCAN shall link all licensed child welfare agencies
11 in each Department service region to the Department in order
12 to access a current listing of all licensed foster placements
13 and adoptive placements currently available through their
14 agencies and the children currently placed or awaiting
15 placement in a foster or adoptive placement. It shall be the
16 responsibility of each licensed child welfare agency to
17 provide the Department with a current listing of all licensed
18 foster care and adoptive home slots within 48 hours of their
19 availability by transmitting that data to the Department
20 through an automation device in order to maintain a current
21 and accurate listing of all foster care arrangements and all
22 adoptive placements including those listed in the Illinois
23 Adoption Information Exchange. The Network shall be used to
24 (i) match children requiring foster or adoptive placements
25 with (ii) an appropriate foster placement and (iii) place
26 children in suitable adoptive placements.
27 In addition to the data to be reported by licensed child
28 welfare agencies under subsection (c) of Section 7.5, the
29 agencies shall also report to the Department the full name of
30 the foster or adoptive parent, address, city, zip code, and
31 telephone number of the licensed foster home, the number of
32 slots available for placement in the home, the type of slots
33 available based upon placement criteria such as age, cultural
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1 and linguistic background, education level, and special needs
2 of the child as well as status of placement such as emergency
3 placements or long term placements. All information reported
4 shall be handled in a confidential manner as required by law.
5 Planning and implementation of the CFCAN shall be the
6 responsibility of the Department and shall include the
7 development of all necessary computer applications and forms
8 and the purchase and installation of computer hardware.
9 Successful compliance with CFCAN shall be a basis for
10 consideration of receiving State funding by licensed child
11 welfare agencies providing foster care or adoptive services.
12 Section 95. No acceleration or delay. Where this Act
13 makes changes in a statute that is represented in this Act by
14 text that is not yet or no longer in effect (for example, a
15 Section represented by multiple versions), the use of that
16 text does not accelerate or delay the taking effect of (i)
17 the changes made by this Act or (ii) provisions derived from
18 any other Public Act.
19 Section 99. Effective date. This Act takes effect upon
20 becoming law.