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90_HB0062eng
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
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1 AN ACT concerning children.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Children and Family Services Act is
5 amended by changing Sections 5 and 7 and adding Sections 7.5
6 and 7.10 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
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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
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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
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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.
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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 requiring encouraging all adoption agencies to voluntarily
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1 forward to the Department or its agent names and addresses of
2 all 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 in accordance with Sections 7.5 and 7.10. A list of such
6 names and addresses shall be maintained by the Department or
7 its agent as part of the Child Foster Care and Adoption
8 Network, and coded lists which maintain the confidentiality
9 of the person seeking to adopt the child and of the child
10 shall be made available, without charge, to every adoption
11 agency in the State to assist the agencies in placing such
12 children for adoption. The Department may delegate to an
13 agent its duty to maintain and make available such lists.
14 The Department shall ensure that such agent maintains the
15 confidentiality of the person seeking to adopt the child and
16 of the child.
17 (s) The Department of Children and Family Services may
18 establish and implement a program to reimburse Department and
19 private child welfare agency foster parents licensed by the
20 Department of Children and Family Services for damages
21 sustained by the foster parents as a result of the malicious
22 or negligent acts of foster children, as well as providing
23 third party coverage for such foster parents with regard to
24 actions of foster children to other individuals. Such
25 coverage will be secondary to the foster parent liability
26 insurance policy, if applicable. The program shall be funded
27 through appropriations from the General Revenue Fund,
28 specifically designated for such purposes.
29 (t) The Department shall perform home studies and
30 investigations and shall exercise supervision over visitation
31 as ordered by a court pursuant to the Illinois Marriage and
32 Dissolution of Marriage Act or the Adoption Act only if:
33 (1) an order entered by an Illinois court
34 specifically directs the Department to perform such
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1 services; and
2 (2) the court has ordered one or both of the
3 parties to the proceeding to reimburse the Department for
4 its reasonable costs for providing such services in
5 accordance with Department rules, or has determined that
6 neither party is financially able to pay.
7 The Department shall provide written notification to the
8 court of the specific arrangements for supervised visitation
9 and projected monthly costs within 60 days of the court
10 order. The Department shall send to the court information
11 related to the costs incurred except in cases where the court
12 has determined the parties are financially unable to pay. The
13 court may order additional periodic reports as appropriate.
14 (u) Whenever the Department places a child in a licensed
15 foster home, group home, child care institution, or in a
16 relative home, the Department shall provide to the caretaker:
17 (1) available detailed information concerning the
18 child's educational and health history, copies of
19 immunization records (including insurance and medical
20 card information), a history of the child's previous
21 placements, if any, and reasons for placement changes
22 excluding any information that identifies or reveals the
23 location of any previous caretaker;
24 (2) a copy of the child's portion of the client
25 service plan, including any visitation arrangement, and
26 all amendments or revisions to it as related to the
27 child; and
28 (3) information containing details of the child's
29 individualized educational plan when the child is
30 receiving special education services.
31 The caretaker shall be informed of any known social or
32 behavioral information (including, but not limited to, fire
33 setting, perpetuation of sexual abuse, destructive behavior,
34 and substance abuse) necessary to care for and safeguard the
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1 child.
2 (u-5) Effective July 1, 1995, only foster care
3 placements licensed as foster family homes pursuant to the
4 Child Care Act of 1969 shall be eligible to receive foster
5 care payments from the Department. Relative caregivers who,
6 as of July 1, 1995, were approved pursuant to approved
7 relative placement rules previously promulgated by the
8 Department at 89 Ill. Adm. Code 335 and had submitted an
9 application for licensure as a foster family home may
10 continue to receive foster care payments only until the
11 Department determines that they may be licensed as a foster
12 family home or that their application for licensure is denied
13 or until September 30, 1995, whichever occurs first.
14 (v) The Department shall access criminal history record
15 information as defined in the Illinois Uniform Conviction
16 Information Act and information maintained in the
17 adjudicatory and dispositional record system as defined in
18 subdivision (A)19 of Section 55a of the Civil Administrative
19 Code of Illinois if the Department determines the information
20 is necessary to perform its duties under the Abused and
21 Neglected Child Reporting Act, the Child Care Act of 1969,
22 and the Children and Family Services Act. The Department
23 shall provide for interactive computerized communication and
24 processing equipment that permits direct on-line
25 communication with the Department of State Police's central
26 criminal history data repository. The Department shall
27 comply with all certification requirements and provide
28 certified operators who have been trained by personnel from
29 the Department of State Police. In addition, one Office of
30 the Inspector General investigator shall have training in the
31 use of the criminal history information access system and
32 have access to the terminal. The Department of Children and
33 Family Services and its employees shall abide by rules and
34 regulations established by the Department of State Police
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1 relating to the access and dissemination of this information.
2 (w) Within 120 days of August 20, 1995 (the effective
3 date of Public Act 89-392), the Department shall prepare and
4 submit to the Governor and the General Assembly, a written
5 plan for the development of in-state licensed secure child
6 care facilities that care for children who are in need of
7 secure living arrangements for their health, safety, and
8 well-being. For purposes of this subsection, secure care
9 facility shall mean a facility that is designed and operated
10 to ensure that all entrances and exits from the facility, a
11 building or a distinct part of the building, are under the
12 exclusive control of the staff of the facility, whether or
13 not the child has the freedom of movement within the
14 perimeter of the facility, building, or distinct part of the
15 building. The plan shall include descriptions of the types
16 of facilities that are needed in Illinois; the cost of
17 developing these secure care facilities; the estimated number
18 of placements; the potential cost savings resulting from the
19 movement of children currently out-of-state who are projected
20 to be returned to Illinois; the necessary geographic
21 distribution of these facilities in Illinois; and a proposed
22 timetable for development of such facilities.
23 (Source: P.A. 88-380; 88-398; 88-487; 88-614, eff. 9-7-94;
24 88-670, eff. 12-2-94; 89-21, eff. 6-6-95; 89-392, eff.
25 8-20-95; 89-626, eff. 8-9-96.)
26 (Text of Section after amendment by P.A. 89-507)
27 Sec. 5. Direct child welfare services; Department of
28 Children and Family Services. To provide direct child welfare
29 services when not available through other public or private
30 child care or program facilities.
31 (a) For purposes of this Section:
32 (1) "Children" means persons found within the State
33 who are under the age of 18 years. The term also
34 includes persons under age 19 who:
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1 (A) were committed to the Department pursuant
2 to the Juvenile Court Act or the Juvenile Court Act
3 of 1987, as amended, prior to the age of 18 and who
4 continue under the jurisdiction of the court; or
5 (B) were accepted for care, service and
6 training by the Department prior to the age of 18
7 and whose best interest in the discretion of the
8 Department would be served by continuing that care,
9 service and training because of severe emotional
10 disturbances, physical disability, social adjustment
11 or any combination thereof, or because of the need
12 to complete an educational or vocational training
13 program.
14 (2) "Homeless youth" means persons found within the
15 State who are under the age of 19, are not in a safe and
16 stable living situation and cannot be reunited with their
17 families.
18 (3) "Child welfare services" means public social
19 services which are directed toward the accomplishment of
20 the following purposes:
21 (A) protecting and promoting the welfare of
22 children, including homeless, dependent or neglected
23 children;
24 (B) remedying, or assisting in the solution of
25 problems which may result in, the neglect, abuse,
26 exploitation or delinquency of children;
27 (C) preventing the unnecessary separation of
28 children from their families by identifying family
29 problems, assisting families in resolving their
30 problems, and preventing the breakup of the family
31 where the prevention of child removal is desirable
32 and possible;
33 (D) restoring to their families children who
34 have been removed, by the provision of services to
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1 the child and the families;
2 (E) placing children in suitable adoptive
3 homes, in cases where restoration to the biological
4 family is not possible or appropriate;
5 (F) assuring adequate care of children away
6 from their homes, in cases where the child cannot be
7 returned home or cannot be placed for adoption;
8 (G) (blank);
9 (H) (blank); and
10 (I) placing and maintaining children in
11 facilities that provide separate living quarters for
12 children under the age of 18 and for children 18
13 years of age and older, unless a child 18 years of
14 age is in the last year of high school education or
15 vocational training, in an approved individual or
16 group treatment program, or in a licensed shelter
17 facility. The Department is not required to place
18 or maintain children:
19 (i) who are in a foster home, or
20 (ii) who are persons with a developmental
21 disability, as defined in the Mental Health and
22 Developmental Disabilities Code, or
23 (iii) who are female children who are
24 pregnant, pregnant and parenting or parenting,
25 or
26 (iv) who are siblings,
27 in facilities that provide separate living quarters
28 for children 18 years of age and older and for
29 children under 18 years of age.
30 (b) Nothing in this Section shall be construed to
31 authorize the expenditure of public funds for the purpose of
32 performing abortions.
33 (c) The Department shall establish and maintain
34 tax-supported child welfare services and extend and seek to
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1 improve voluntary services throughout the State, to the end
2 that services and care shall be available on an equal basis
3 throughout the State to children requiring such services.
4 (d) The Director may authorize advance disbursements for
5 any new program initiative to any agency contracting with the
6 Department. As a prerequisite for an advance disbursement,
7 the contractor must post a surety bond in the amount of the
8 advance disbursement and have a purchase of service contract
9 approved by the Department. The Department may pay up to 2
10 months operational expenses in advance. The amount of the
11 advance disbursement shall be prorated over the life of the
12 contract or the remaining months of the fiscal year,
13 whichever is less, and the installment amount shall then be
14 deducted from future bills. Advance disbursement
15 authorizations for new initiatives shall not be made to any
16 agency after that agency has operated during 2 consecutive
17 fiscal years. The requirements of this Section concerning
18 advance disbursements shall not apply with respect to the
19 following: payments to local public agencies for child day
20 care services as authorized by Section 5a of this Act; and
21 youth service programs receiving grant funds under Section
22 17a-4.
23 (e) (Blank).
24 (f) (Blank).
25 (g) The Department shall establish rules and regulations
26 concerning its operation of programs designed to meet the
27 goals of child protection, family preservation, family
28 reunification, and adoption, including but not limited to:
29 (1) adoption;
30 (2) foster care;
31 (3) family counseling;
32 (4) protective services;
33 (5) (blank);
34 (6) homemaker service;
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1 (7) return of runaway children;
2 (8) (blank);
3 (9) placement under Section 5-7 of the Juvenile
4 Court Act or Section 2-27, 3-28, 4-25 or 5-29 of the
5 Juvenile Court Act of 1987 in accordance with the federal
6 Adoption Assistance and Child Welfare Act of 1980; and
7 (10) interstate services.
8 Rules and regulations established by the Department shall
9 include provisions for training Department staff and the
10 staff of Department grantees, through contracts with other
11 agencies or resources, in alcohol and drug abuse screening
12 techniques to identify children and adults who should be
13 referred to an alcohol and drug abuse treatment program for
14 professional evaluation.
15 (h) If the Department finds that there is no appropriate
16 program or facility within or available to the Department for
17 a ward and that no licensed private facility has an adequate
18 and appropriate program or none agrees to accept the ward,
19 the Department shall create an appropriate individualized,
20 program-oriented plan for such ward. The plan may be
21 developed within the Department or through purchase of
22 services by the Department to the extent that it is within
23 its statutory authority to do.
24 (i) Service programs shall be available throughout the
25 State and shall include but not be limited to the following
26 services:
27 (1) case management;
28 (2) homemakers;
29 (3) counseling;
30 (4) parent education;
31 (5) day care; and
32 (6) emergency assistance and advocacy.
33 In addition, the following services may be made available
34 to assess and meet the needs of children and families:
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1 (1) comprehensive family-based services;
2 (2) assessments;
3 (3) respite care; and
4 (4) in-home health services.
5 The Department shall provide transportation for any of
6 the services it makes available to children or families or
7 for which it refers children or families.
8 (j) The Department may provide financial assistance, and
9 shall establish rules and regulations concerning such
10 assistance, to persons who adopt physically or mentally
11 handicapped, older and other hard-to-place children who
12 immediately prior to their adoption were legal wards of the
13 Department. The Department may also provide financial
14 assistance, and shall establish rules and regulations for
15 such assistance, to persons appointed guardian of the person
16 under Section 5-7 of the Juvenile Court Act or Section 2-27,
17 3-28, 4-25 or 5-29 of the Juvenile Court Act of 1987 for
18 children who were wards of the Department for 12 months
19 immediately prior to the appointment of the successor
20 guardian and for whom the Department has set a goal of
21 permanent family placement with a foster family.
22 The amount of assistance may vary, depending upon the
23 needs of the child and the adoptive parents, but must be at
24 least $25 less than the monthly cost of care of the child in
25 a foster home, as set forth in the annual assistance
26 agreement. Special purpose grants are allowed where the
27 child requires special service but such costs may not exceed
28 the amounts which similar services would cost the Department
29 if it were to provide or secure them as guardian of the
30 child.
31 Any financial assistance provided under this subsection
32 is inalienable by assignment, sale, execution, attachment,
33 garnishment, or any other remedy for recovery or collection
34 of a judgment or debt.
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1 (k) The Department shall accept for care and training
2 any child who has been adjudicated neglected or abused, or
3 dependent committed to it pursuant to the Juvenile Court Act
4 or the Juvenile Court Act of 1987.
5 (l) Before July 1, 2000, the Department may provide, and
6 beginning July 1, 2000, the Department shall provide, family
7 preservation services, as determined to be appropriate and in
8 the child's best interests and when the child will not be in
9 imminent risk of harm, to any family whose child has been
10 placed in substitute care, any persons who have adopted a
11 child and require post-adoption services, or any persons
12 whose child or children are at risk of being placed outside
13 their home as documented by an "indicated" report of
14 suspected child abuse or neglect determined pursuant to the
15 Abused and Neglected Child Reporting Act. Nothing in this
16 paragraph shall be construed to create a private right of
17 action or claim on the part of any individual or child
18 welfare agency.
19 The Department shall notify the child and his family of
20 the Department's responsibility to offer and provide family
21 preservation services as identified in the service plan. The
22 child and his family shall be eligible for services as soon
23 as the report is determined to be "indicated". The
24 Department may offer services to any child or family with
25 respect to whom a report of suspected child abuse or neglect
26 has been filed, prior to concluding its investigation under
27 Section 7.12 of the Abused and Neglected Child Reporting Act.
28 However, the child's or family's willingness to accept
29 services shall not be considered in the investigation. The
30 Department may also provide services to any child or family
31 who is the subject of any report of suspected child abuse or
32 neglect or may refer such child or family to services
33 available from other agencies in the community, even if the
34 report is determined to be unfounded, if the conditions in
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1 the child's or family's home are reasonably likely to subject
2 the child or family to future reports of suspected child
3 abuse or neglect. Acceptance of such services shall be
4 voluntary.
5 The Department may, at its discretion except for those
6 children also adjudicated neglected or dependent, accept for
7 care and training any child who has been adjudicated
8 addicted, as a truant minor in need of supervision or as a
9 minor requiring authoritative intervention, under the
10 Juvenile Court Act or the Juvenile Court Act of 1987, but no
11 such child shall be committed to the Department by any court
12 without the approval of the Department. A minor charged with
13 a criminal offense under the Criminal Code of 1961 or
14 adjudicated delinquent shall not be placed in the custody of
15 or committed to the Department by any court, except a minor
16 less than 13 years of age committed to the Department under
17 Section 5-23 of the Juvenile Court Act of 1987.
18 (m) The Department may assume temporary custody of any
19 child if:
20 (1) it has received a written consent to such
21 temporary custody signed by the parents of the child or
22 by the parent having custody of the child if the parents
23 are not living together or by the guardian or custodian
24 of the child if the child is not in the custody of either
25 parent, or
26 (2) the child is found in the State and neither a
27 parent, guardian nor custodian of the child can be
28 located.
29 If the child is found in his or her residence without a
30 parent, guardian, custodian or responsible caretaker, the
31 Department may, instead of removing the child and assuming
32 temporary custody, place an authorized representative of the
33 Department in that residence until such time as a parent,
34 guardian or custodian enters the home and expresses a
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1 willingness and apparent ability to resume permanent charge
2 of the child, or until a relative enters the home and is
3 willing and able to assume charge of the child until a
4 parent, guardian or custodian enters the home and expresses
5 such willingness and ability to resume permanent charge.
6 After a caretaker has remained in the home for a period not
7 to exceed 12 hours, the Department must follow those
8 procedures outlined in Section 2-9, 3-11, 4-8 or 5-9 of the
9 Juvenile Court Act of 1987.
10 The Department shall have the authority, responsibilities
11 and duties that a legal custodian of the child would have
12 pursuant to subsection (9) of Section 1-3 of the Juvenile
13 Court Act of 1987. Whenever a child is taken into temporary
14 custody pursuant to an investigation under the Abused and
15 Neglected Child Reporting Act, or pursuant to a referral and
16 acceptance under the Juvenile Court Act of 1987 of a minor in
17 limited custody, the Department, during the period of
18 temporary custody and before the child is brought before a
19 judicial officer as required by Section 2-9, 3-11, 4-8 or 5-9
20 of the Juvenile Court Act of 1987, shall have the authority,
21 responsibilities and duties that a legal custodian of the
22 child would have under subsection (9) of Section 1-3 of the
23 Juvenile Court Act of 1987.
24 The Department shall ensure that any child taken into
25 custody is scheduled for an appointment for a medical
26 examination.
27 A parent, guardian or custodian of a child in the
28 temporary custody of the Department who would have custody of
29 the child if he were not in the temporary custody of the
30 Department may deliver to the Department a signed request
31 that the Department surrender the temporary custody of the
32 child. The Department may retain temporary custody of the
33 child for 10 days after the receipt of the request, during
34 which period the Department may cause to be filed a petition
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1 pursuant to the Juvenile Court Act of 1987. If a petition is
2 so filed, the Department shall retain temporary custody of
3 the child until the court orders otherwise. If a petition is
4 not filed within the 10 day period, the child shall be
5 surrendered to the custody of the requesting parent, guardian
6 or custodian not later than the expiration of the 10 day
7 period, at which time the authority and duties of the
8 Department with respect to the temporary custody of the child
9 shall terminate.
10 (n) The Department may place children under 18 years of
11 age in licensed child care facilities when in the opinion of
12 the Department, appropriate services aimed at family
13 preservation have been unsuccessful or unavailable and such
14 placement would be for their best interest. Payment for
15 board, clothing, care, training and supervision of any child
16 placed in a licensed child care facility may be made by the
17 Department, by the parents or guardians of the estates of
18 those children, or by both the Department and the parents or
19 guardians, except that no payments shall be made by the
20 Department for any child placed in a licensed child care
21 facility for board, clothing, care, training and supervision
22 of such a child that exceed the average per capita cost of
23 maintaining and of caring for a child in institutions for
24 dependent or neglected children operated by the Department.
25 However, such restriction on payments does not apply in cases
26 where children require specialized care and treatment for
27 problems of severe emotional disturbance, physical
28 disability, social adjustment, or any combination thereof and
29 suitable facilities for the placement of such children are
30 not available at payment rates within the limitations set
31 forth in this Section. All reimbursements for services
32 delivered shall be absolutely inalienable by assignment,
33 sale, attachment, garnishment or otherwise.
34 (o) The Department shall establish an administrative
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1 review and appeal process for children and families who
2 request or receive child welfare services from the
3 Department. Children who are wards of the Department and are
4 placed by private child welfare agencies, and foster families
5 with whom those children are placed, shall be afforded the
6 same procedural and appeal rights as children and families in
7 the case of placement by the Department, including the right
8 to an initial review of a private agency decision by that
9 agency. The Department shall insure that any private child
10 welfare agency, which accepts wards of the Department for
11 placement, affords those rights to children and foster
12 families. The Department shall accept for administrative
13 review and an appeal hearing a complaint made by a child or
14 foster family concerning a decision following an initial
15 review by a private child welfare agency. An appeal of a
16 decision concerning a change in the placement of a child
17 shall be conducted in an expedited manner.
18 (p) There is hereby created the Department of Children
19 and Family Services Emergency Assistance Fund from which the
20 Department may provide special financial assistance to
21 families which are in economic crisis when such assistance is
22 not available through other public or private sources and the
23 assistance is deemed necessary to prevent dissolution of the
24 family unit or to reunite families which have been separated
25 due to child abuse and neglect. The Department shall
26 establish administrative rules specifying the criteria for
27 determining eligibility for and the amount and nature of
28 assistance to be provided. The Department may also enter
29 into written agreements with private and public social
30 service agencies to provide emergency financial services to
31 families referred by the Department. Special financial
32 assistance payments shall be available to a family no more
33 than once during each fiscal year and the total payments to a
34 family may not exceed $500 during a fiscal year.
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1 (q) The Department may receive and use, in their
2 entirety, for the benefit of children any gift, donation or
3 bequest of money or other property which is received on
4 behalf of such children, or any financial benefits to which
5 such children are or may become entitled while under the
6 jurisdiction or care of the Department.
7 The Department shall set up and administer no-cost,
8 interest-bearing savings accounts in appropriate financial
9 institutions ("individual accounts") for children for whom
10 the Department is legally responsible and who have been
11 determined eligible for Veterans' Benefits, Social Security
12 benefits, assistance allotments from the armed forces, court
13 ordered payments, parental voluntary payments, Supplemental
14 Security Income, Railroad Retirement payments, Black Lung
15 benefits, or other miscellaneous payments. Interest earned
16 by each individual account shall be credited to the account,
17 unless disbursed in accordance with this subsection.
18 In disbursing funds from children's individual accounts,
19 the Department shall:
20 (1) Establish standards in accordance with State
21 and federal laws for disbursing money from children's
22 individual accounts. In all circumstances, the
23 Department's "Guardianship Administrator" or his or her
24 designee must approve disbursements from children's
25 individual accounts. The Department shall be responsible
26 for keeping complete records of all disbursements for
27 each individual account for any purpose.
28 (2) Calculate on a monthly basis the amounts paid
29 from State funds for the child's board and care, medical
30 care not covered under Medicaid, and social services; and
31 utilize funds from the child's individual account, as
32 covered by regulation, to reimburse those costs.
33 Monthly, disbursements from all children's individual
34 accounts, up to 1/12 of $13,000,000, shall be deposited
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1 by the Department into the General Revenue Fund and the
2 balance over 1/12 of $13,000,000 into the DCFS Children's
3 Services Fund.
4 (3) Maintain any balance remaining after
5 reimbursing for the child's costs of care, as specified
6 in item (2). The balance shall accumulate in accordance
7 with relevant State and federal laws and shall be
8 disbursed to the child or his or her guardian, or to the
9 issuing agency.
10 (r) The Department shall promulgate regulations
11 requiring encouraging all adoption agencies to voluntarily
12 forward to the Department or its agent names and addresses of
13 all persons who have applied for and have been approved for
14 adoption of a hard-to-place or handicapped child and the
15 names of such children who have not been placed for adoption
16 in accordance with Sections 7.5 and 7.10. A list of such
17 names and addresses shall be maintained by the Department or
18 its agent as part of the Child Foster Care and Adoption
19 Network, and coded lists which maintain the confidentiality
20 of the person seeking to adopt the child and of the child
21 shall be made available, without charge, to every adoption
22 agency in the State to assist the agencies in placing such
23 children for adoption. The Department may delegate to an
24 agent its duty to maintain and make available such lists.
25 The Department shall ensure that such agent maintains the
26 confidentiality of the person seeking to adopt the child and
27 of the child.
28 (s) The Department of Children and Family Services may
29 establish and implement a program to reimburse Department and
30 private child welfare agency foster parents licensed by the
31 Department of Children and Family Services for damages
32 sustained by the foster parents as a result of the malicious
33 or negligent acts of foster children, as well as providing
34 third party coverage for such foster parents with regard to
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1 actions of foster children to other individuals. Such
2 coverage will be secondary to the foster parent liability
3 insurance policy, if applicable. The program shall be funded
4 through appropriations from the General Revenue Fund,
5 specifically designated for such purposes.
6 (t) The Department shall perform home studies and
7 investigations and shall exercise supervision over visitation
8 as ordered by a court pursuant to the Illinois Marriage and
9 Dissolution of Marriage Act or the Adoption Act only if:
10 (1) an order entered by an Illinois court
11 specifically directs the Department to perform such
12 services; and
13 (2) the court has ordered one or both of the
14 parties to the proceeding to reimburse the Department for
15 its reasonable costs for providing such services in
16 accordance with Department rules, or has determined that
17 neither party is financially able to pay.
18 The Department shall provide written notification to the
19 court of the specific arrangements for supervised visitation
20 and projected monthly costs within 60 days of the court
21 order. The Department shall send to the court information
22 related to the costs incurred except in cases where the court
23 has determined the parties are financially unable to pay. The
24 court may order additional periodic reports as appropriate.
25 (u) Whenever the Department places a child in a licensed
26 foster home, group home, child care institution, or in a
27 relative home, the Department shall provide to the caretaker:
28 (1) available detailed information concerning the
29 child's educational and health history, copies of
30 immunization records (including insurance and medical
31 card information), a history of the child's previous
32 placements, if any, and reasons for placement changes
33 excluding any information that identifies or reveals the
34 location of any previous caretaker;
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1 (2) a copy of the child's portion of the client
2 service plan, including any visitation arrangement, and
3 all amendments or revisions to it as related to the
4 child; and
5 (3) information containing details of the child's
6 individualized educational plan when the child is
7 receiving special education services.
8 The caretaker shall be informed of any known social or
9 behavioral information (including, but not limited to, fire
10 setting, perpetuation of sexual abuse, destructive behavior,
11 and substance abuse) necessary to care for and safeguard the
12 child.
13 (u-5) Effective July 1, 1995, only foster care
14 placements licensed as foster family homes pursuant to the
15 Child Care Act of 1969 shall be eligible to receive foster
16 care payments from the Department. Relative caregivers who,
17 as of July 1, 1995, were approved pursuant to approved
18 relative placement rules previously promulgated by the
19 Department at 89 Ill. Adm. Code 335 and had submitted an
20 application for licensure as a foster family home may
21 continue to receive foster care payments only until the
22 Department determines that they may be licensed as a foster
23 family home or that their application for licensure is denied
24 or until September 30, 1995, whichever occurs first.
25 (v) The Department shall access criminal history record
26 information as defined in the Illinois Uniform Conviction
27 Information Act and information maintained in the
28 adjudicatory and dispositional record system as defined in
29 subdivision (A)19 of Section 55a of the Civil Administrative
30 Code of Illinois if the Department determines the information
31 is necessary to perform its duties under the Abused and
32 Neglected Child Reporting Act, the Child Care Act of 1969,
33 and the Children and Family Services Act. The Department
34 shall provide for interactive computerized communication and
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1 processing equipment that permits direct on-line
2 communication with the Department of State Police's central
3 criminal history data repository. The Department shall
4 comply with all certification requirements and provide
5 certified operators who have been trained by personnel from
6 the Department of State Police. In addition, one Office of
7 the Inspector General investigator shall have training in the
8 use of the criminal history information access system and
9 have access to the terminal. The Department of Children and
10 Family Services and its employees shall abide by rules and
11 regulations established by the Department of State Police
12 relating to the access and dissemination of this information.
13 (w) Within 120 days of August 20, 1995 (the effective
14 date of Public Act 89-392), the Department shall prepare and
15 submit to the Governor and the General Assembly, a written
16 plan for the development of in-state licensed secure child
17 care facilities that care for children who are in need of
18 secure living arrangements for their health, safety, and
19 well-being. For purposes of this subsection, secure care
20 facility shall mean a facility that is designed and operated
21 to ensure that all entrances and exits from the facility, a
22 building or a distinct part of the building, are under the
23 exclusive control of the staff of the facility, whether or
24 not the child has the freedom of movement within the
25 perimeter of the facility, building, or distinct part of the
26 building. The plan shall include descriptions of the types
27 of facilities that are needed in Illinois; the cost of
28 developing these secure care facilities; the estimated number
29 of placements; the potential cost savings resulting from the
30 movement of children currently out-of-state who are projected
31 to be returned to Illinois; the necessary geographic
32 distribution of these facilities in Illinois; and a proposed
33 timetable for development of such facilities.
34 (Source: P.A. 88-380; 88-398; 88-487; 88-614, eff. 9-7-94;
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1 88-670, eff. 12-2-94; 89-21, eff. 6-6-95; 89-392, eff.
2 8-20-95; 89-507, eff. 7-1-97; 89-626, eff. 8-9-96.)
3 (20 ILCS 505/7) (from Ch. 23, par. 5007)
4 Sec. 7. Placement of children; considerations.
5 (a) In placing any child under this Act, the Department
6 shall place such child, as far as possible, in the care and
7 custody of some individual holding the same religious belief
8 as the parents of the child, or with some child care facility
9 which is operated by persons of like religious faith as the
10 parents of such child.
11 (b) In placing a child under this Act, the Department
12 shall make every effort to may place a child with a relative
13 who if the Department has reason to believe that the relative
14 will be able to adequately provide for the child's safety and
15 welfare consistent with the Department's licensing standards.
16 The burden shall be on the Department to justify the child's
17 placement elsewhere. The Department may not place a child
18 with a relative, with the exception of certain circumstances
19 which may be waived as defined by the Department in rules, if
20 the results of a check of the Law Enforcement Agency Data
21 System (LEADS) identifies a prior criminal conviction of the
22 relative or any adult member of the relative's household for
23 any of the following offenses under the Criminal Code of
24 1961:
25 (1) murder;
26 (1.1) solicitation of murder;
27 (1.2) solicitation of murder for hire;
28 (1.3) intentional homicide of an unborn child;
29 (1.4) voluntary manslaughter of an unborn child;
30 (1.5) involuntary manslaughter;
31 (1.6) reckless homicide;
32 (1.7) concealment of a homicidal death;
33 (1.8) involuntary manslaughter of an unborn child;
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1 (1.9) reckless homicide of an unborn child;
2 (1.10) drug-induced homicide;
3 (2) a sex offense under Article 11, except offenses
4 described in Sections 11-7, 11-8, 11-12, and 11-13;
5 (3) kidnapping;
6 (3.1) aggravated unlawful restraint;
7 (3.2) forcible detention;
8 (3.3) aiding and abetting child abduction;
9 (4) aggravated kidnapping;
10 (5) child abduction;
11 (6) aggravated battery of a child;
12 (7) criminal sexual assault;
13 (8) aggravated criminal sexual assault;
14 (8.1) predatory criminal sexual assault of a child;
15 (9) criminal sexual abuse;
16 (10) aggravated sexual abuse;
17 (11) heinous battery;
18 (12) aggravated battery with a firearm;
19 (13) tampering with food, drugs, or cosmetics;
20 (14) drug-induced infliction of great bodily harm;
21 (15) aggravated stalking;
22 (16) home invasion;
23 (17) vehicular invasion;
24 (18) criminal transmission of HIV;
25 (19) criminal neglect of an elderly or disabled
26 person;
27 (20) child abandonment;
28 (21) endangering the life or health of a child;
29 (22) ritual mutilation;
30 (23) ritualized abuse of a child;
31 (24) an offense in any other state the elements of
32 which are similar and bear a substantial relationship to
33 any of the foregoing offenses.
34 For the purpose of this subsection, "relative" shall include
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1 any person, 21 years of age or over, other than the parent,
2 who (i) is currently related to the child in any of the
3 following ways by blood or adoption: grandparent, sibling,
4 great-grandparent, uncle, aunt, nephew, niece, first cousin,
5 great-uncle, or great-aunt; or (ii) is the spouse of such a
6 relative; or (iii) is the child's step-father, step-mother,
7 or adult step-brother or step-sister; "relative" also
8 includes a person related in any of the foregoing ways to a
9 sibling of a child, even though the person is not related to
10 the child, when the child and its sibling are placed together
11 with that person. A relative with whom a child is placed
12 pursuant to this subsection may, but is not required to,
13 apply for licensure as a foster family home pursuant to the
14 Child Care Act of 1969; provided, however, that as of July 1,
15 1995, foster care payments shall be made only to licensed
16 foster family homes pursuant to the terms of Section 5 of
17 this Act.
18 (c) In placing a child under this Act, the Department
19 shall ensure that the child's best interests are met by
20 giving due, not sole, consideration to the child's race or
21 ethnic heritage in making a family foster care placement. The
22 Department shall consider the cultural, ethnic, or racial
23 background of the child and the capacity of the prospective
24 foster or adoptive parents to meet the needs of a child of
25 this background as one of a number of factors used to
26 determine the best interests of the child. The Department
27 shall make special efforts for the diligent recruitment of
28 potential foster and adoptive families that reflect the
29 ethnic and racial diversity of the children for whom foster
30 and adoptive homes are needed. "Special efforts" shall
31 include contacting and working with community organizations
32 and religious organizations and may include contracting with
33 those organizations, utilizing local media and other local
34 resources, and conducting outreach activities.
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1 (d) The Department may accept gifts, grants, offers of
2 services, and other contributions to use in making special
3 recruitment efforts.
4 (e) The Department in placing children in adoptive or
5 foster care homes may not, in any policy or practice relating
6 to the placement of children for adoption or foster care,
7 discriminate against any child or prospective adoptive parent
8 on the basis of race.
9 (Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-428, eff.
10 12-13-95; 89-462, eff. 5-29-96; 89-626, eff. 8-9-96.)
11 (20 ILCS 505/7.5 new)
12 Sec. 7.5. Recruitment and retention of foster placements
13 and adoptive placements.
14 (a) Recruitment. All licensed child welfare agencies
15 that receive State funding for their services shall work with
16 their respective regional office of the Department of
17 Children and Family Services to create an adequate and
18 appropriate pool of foster and adoptive family placements for
19 children in need of substitute care. The goal shall be to
20 achieve timely permanent placement for each minor within 12
21 months from the date of adjudication of wardship of the
22 minor. For purposes of this Section, the terms foster
23 placement or adoptive placement shall refer to foster family
24 or adoptive family.
25 The Department shall require that each licensed child
26 welfare agency receiving State funding, as a condition of its
27 State contract to provide foster placements, shall make
28 special efforts to recruit and retain a sufficient current
29 pool of appropriate licensed foster placements to meet the
30 cultural and special needs of children served by that agency.
31 For purposes of this Section, appropriate shall mean willing
32 and able to care for a child in need of placement under
33 federal and State laws governing foster care licensing or
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1 approval. To generate its current pool of licensed foster
2 placement, each licensed child welfare agency shall be
3 expected to include recruits from among appropriate relatives
4 of children in need of foster care, families of the same
5 racial or ethnic origin, families residing in the
6 Department's service region proximate to the child's natural
7 family, and families residing within the geographical area
8 served by the licensed child welfare agency.
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 adoptive placements, shall make
12 special efforts to recruit and retain a sufficient current
13 pool of appropriate adoptive placements to meet the cultural
14 and special needs of children served by that agency. For
15 purposes of this Section, appropriate shall mean willing and
16 able to care for a child in need of placement pursuant to
17 federal and State laws governing adoptive placement. To
18 generate its current pool of appropriate adoptive placements,
19 each licensed child welfare agency shall be expected to
20 include recruits from among appropriate relatives of children
21 in need of adoption, families of the same racial or ethnic
22 origin, and families residing in the Department's service
23 region served by the licensed child welfare agency.
24 Recruitment efforts for foster placements and adoptive
25 placements shall include contacting and working with foster
26 parent organizations, adoptive parent organizations,
27 community organizations, and religious organizations, and may
28 include contracting with these organizations, utilizing local
29 media and other local information resources, and conducting
30 outreach activities. Each licensed child welfare agency
31 shall have a written recruitment plan to be submitted to the
32 Department for approval prior to approval of its State
33 contract. The plan must include:
34 (1) strategies for using existing community
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1 resources, including foster parent and adoptive parent
2 organizations, religious organizations, and community
3 organizations;
4 (2) strategies to eliminate racial, ethnic, and
5 national origin discrimination and bias in recruitment,
6 selection and placement procedures in order to foster
7 placement of children in placements that will best meet
8 each child's needs; and
9 (3) goals, objectives, and timetable for compliance
10 with creation of a sufficient pool of foster placements
11 or adoptive placements for children in need of placement.
12 The plan must include staffing goals and objectives. The
13 licensed child welfare agency must ensure that adoption and
14 foster care workers attend training offered and approved by
15 the Department regarding cultural diversity and the needs of
16 special needs children.
17 (b) Reimbursement rates for adoptive services.
18 Legislative intent: it is the intention of the General
19 Assembly to provide new incentives for timely permanent
20 placement of children in need of adoption. The Department
21 shall have rulemaking authority to implement this Section and
22 establish an incentive program. All licensed child welfare
23 agencies that are under contract with the Department to
24 provide foster care and adoption services shall be offered
25 reimbursement for adoptions based upon a three-tiered flat
26 rate:
27 (1) An enhanced rate will be paid to the child
28 welfare agency that places a child in an adoptive home
29 within 6 months of wardship.
30 (2) A standard rate will be paid to an agency that
31 places a child in an adoptive home after 6 months of the
32 date of wardship.
33 (3) A premium rate will be paid to an agency that
34 places a child in an adoptive home registered on the
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1 Illinois Adoption Information Exchange. The agency that
2 registers the child on the Exchange will not be eligible
3 to receive the premium rate.
4 If a child is not placed within 6 months of wardship, the
5 child shall be registered with the Illinois Adoption
6 Information Exchange. Failure to register the child, as
7 required, shall result in a 20% reduction in the licensed
8 child welfare agency's administrative rate for the child not
9 registered until the child is registered. The Department
10 shall have rulemaking authority to implement this Section and
11 to determine any additional penalties, up to and including
12 loss of licensure if failures are willful and repeated.
13 Once a child is registered on the Illinois Adoption
14 Information Exchange, the child is available on a statewide
15 basis for placement by any private adoption agency under
16 contract with the Department or any departmental office.
17 (c) Listing of prospective adoptive homes. The
18 Department of Children and Family Services shall establish
19 and operate the Illinois Adoption Information Exchange. The
20 Illinois Adoption Information Exchange shall maintain a
21 current listing of all prospective adoptive homes in
22 Illinois. A placement shall be listed when the prospective
23 adoptive parent or parents have completed a home study
24 conducted by the Department or one of its assigns and have
25 met the requirements for licensing. Each licensed child
26 welfare agency shall report all prospective adoptive homes to
27 the Illinois Adoption Information Exchange within 30 days
28 after the issuance of a license. The Department shall
29 promulgate rules for the collection of specific data to be
30 maintained on the Exchange with respect to each prospective
31 home. The Department shall have rulemaking authority to
32 implement this Section.
33 As a separate part of the Exchange, the Department shall
34 also accept information from a prospective adoptive parent
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1 who has received a favorable home study conducted by the
2 Department or its assigns that the individual is suitable to
3 be the parent of an adoptee. The information shall be filed
4 in a form and manner that will permit it to be readily
5 accessible to biological parents or licensed child welfare
6 agencies seeking adoptive homes for children.
7 (d) Annual reports. The Department shall compile an
8 annual report of all foster placements and adoptive
9 placements taking place in Illinois.
10 By January 31 of each year, each licensed child welfare
11 agency which places children for foster care or adoption
12 shall report the following:
13 Total number of children placed in foster care.
14 Total number of children placed for adoption.
15 Comparative numbers of placements recruited, filled,
16 and unfilled by county.
17 Comparative numbers of placements recruited, filled,
18 and unfilled by racial or ethnic origin.
19 Sources of children placed for adoption by the
20 following categories:
21 Original locality of child by county, state or
22 nation.
23 Whether child was subject to a proceeding under
24 the Juvenile Court Act of 1987 prior to consent or
25 surrender.
26 Whether the child was subject of a petition of
27 termination of parental rights under the Juvenile
28 Court Act of 1987.
29 Racial or ethnic background of children and foster
30 or adoptive parent or parents.
31 Biological relationship, if any, between children
32 and foster or adoptive parent or parents.
33 Gender of children.
34 Age of children.
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1 Number of children per placement.
2 Number of prior foster placements.
3 Total number of adoption disruptions.
4 Special needs, if any, of children placed.
5 Number of parents in each home.
6 Each licensed child welfare agency shall use the Child
7 Foster Care and Adoption Network to make its report to the
8 Department.
9 By March 31 of each year, the Department shall provide
10 the General Assembly with a comprehensive report on the type
11 and number of adoptions completed in Illinois during the
12 previous year. The report shall include all data provided by
13 licensed child welfare agencies pursuant to this Section, all
14 data obtained pursuant to the Department's administration of
15 the Interstate Compact on Adoptions and pursuant to the
16 Department's processing of intercounty adoptions, and all
17 data obtained from the Illinois Department of Public Health
18 relating to private adoptions. The Department of Children
19 and Family Services shall have the authority pursuant to the
20 Illinois Administrative Procedure Act to promulgate such
21 rules as may be necessary to obtain the necessary data to
22 prepare this report.
23 (20 ILCS 505/7.10 new)
24 Sec. 7.10. Automated child foster care and adoption
25 network. By January 1, 1998, the Department shall establish
26 an automated Child Foster Care and Adoption Network ("CFCAN")
27 in every Department service region.
28 The CFCAN shall link all licensed child welfare agencies
29 in each Department service region to the Department in order
30 to access a current listing of all licensed foster placements
31 and adoptive placements currently available through their
32 agencies and the children currently placed or awaiting
33 placement in a foster or adoptive placement. It shall be the
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1 responsibility of each licensed child welfare agency to
2 provide the Department with a current listing of all licensed
3 foster care and adoptive home slots within 48 hours of their
4 availability by transmitting that data to the Department
5 through an automation device in order to maintain a current
6 and accurate listing of all foster care arrangements and all
7 adoptive placements including those listed in the Illinois
8 Adoption Information Exchange. The Network shall be used to
9 (i) match children requiring foster or adoptive placements
10 with (ii) an appropriate foster placement and (iii) place
11 children in suitable adoptive placements.
12 In addition to the data to be reported by licensed child
13 welfare agencies under subsection (c) of Section 7.5, the
14 agencies shall also report to the Department the full name of
15 the foster or adoptive parent, address, city, zip code, and
16 telephone number of the licensed foster home, the number of
17 slots available for placement in the home, the type of slots
18 available based upon placement criteria such as age, cultural
19 and linguistic background, education level, and special needs
20 of the child as well as status of placement such as emergency
21 placements or long term placements. All information reported
22 shall be handled in a confidential manner as required by law.
23 Planning and implementation of the CFCAN shall be the
24 responsibility of the Department and shall include the
25 development of all necessary computer applications and forms
26 and the purchase and installation of computer hardware.
27 Successful compliance with CFCAN shall be a basis for
28 consideration of receiving State funding by licensed child
29 welfare agencies providing foster care or adoptive services.
30 Section 95. No acceleration or delay. Where this Act
31 makes changes in a statute that is represented in this Act by
32 text that is not yet or no longer in effect (for example, a
33 Section represented by multiple versions), the use of that
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1 text does not accelerate or delay the taking effect of (i)
2 the changes made by this Act or (ii) provisions derived from
3 any other Public Act.
4 Section 99. Effective date. This Act takes effect upon
5 becoming law.