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[ Introduced ] | [ House Amendment 001 ] |
90_HB0097eng 20 ILCS 505/5 from Ch. 23, par. 5005 Amends the Children and Family Services Act. Provides that adoption assistance payments may vary based on the needs, age, and placement of the child. Provides that the payments shall not exceed the cost of foster care payments or special service payments. (Now payment must be at least $25 less than the monthly cost of care of the child in a foster home). Provides that acceptance or refusal of assistance shall not be a factor in selecting an adoptive family. Provides that adoption subsidies for physically or mentally handicapped children shall be determined soley on the basis of the child's medical condition or disability. Provides that if the condition is discovered during the child's minority, the subsidy shall be paid to the adoptive parent retroactive to the date of the interim order of adoption or the onset of the condition or disability whichever is later. Effective immediately. LRB9000901MWpc HB0097 Engrossed LRB9000901MWpc 1 AN ACT to amend the Children and Family Services Act by 2 changing Section 5. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Children and Family Services Act is 6 amended by changing Section 5 as follows: 7 (20 ILCS 505/5) (from Ch. 23, par. 5005) 8 (Text of Section before amendment by P.A. 89-507) 9 Sec. 5. To provide direct child welfare services when 10 not available through other public or private child care or 11 program facilities. 12 (a) For purposes of this Section: 13 (1) "Children" means persons found within the State 14 who are under the age of 18 years. The term also 15 includes persons under age 19 who: 16 (A) were committed to the Department pursuant 17 to the Juvenile Court Act or the Juvenile Court Act 18 of 1987, as amended, prior to the age of 18 and who 19 continue under the jurisdiction of the court; or 20 (B) were accepted for care, service and 21 training by the Department prior to the age of 18 22 and whose best interest in the discretion of the 23 Department would be served by continuing that care, 24 service and training because of severe emotional 25 disturbances, physical disability, social adjustment 26 or any combination thereof, or because of the need 27 to complete an educational or vocational training 28 program. 29 (2) "Homeless youth" means persons found within the 30 State who are under the age of 19, are not in a safe and 31 stable living situation and cannot be reunited with their HB0097 Engrossed -2- LRB9000901MWpc 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 HB0097 Engrossed -3- LRB9000901MWpc 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 HB0097 Engrossed -4- LRB9000901MWpc 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. HB0097 Engrossed -5- LRB9000901MWpc 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 HB0097 Engrossed -6- LRB9000901MWpc 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 HB0097 Engrossed -7- LRB9000901MWpc 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. HB0097 Engrossed -8- LRB9000901MWpc 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 HB0097 Engrossed -9- LRB9000901MWpc 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 HB0097 Engrossed -10- LRB9000901MWpc 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 beat13least $25less 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 HB0097 Engrossed -11- LRB9000901MWpc 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 HB0097 Engrossed -12- LRB9000901MWpc 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 HB0097 Engrossed -13- LRB9000901MWpc 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 HB0097 Engrossed -14- LRB9000901MWpc 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 HB0097 Engrossed -15- LRB9000901MWpc 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 HB0097 Engrossed -16- LRB9000901MWpc 1 benefits, assistance allotments from the armed forces, court 2 ordered payments, parental voluntary payments, Supplemental 3 Security Income, Railroad Retirement payments, Black Lung 4 benefits, or other miscellaneous payments. Interest earned 5 by each individual account shall be credited to the account, 6 unless disbursed in accordance with this subsection. 7 In disbursing funds from children's individual accounts, 8 the Department shall: 9 (1) Establish standards in accordance with State 10 and federal laws for disbursing money from children's 11 individual accounts. In all circumstances, the 12 Department's "Guardianship Administrator" or his or her 13 designee must approve disbursements from children's 14 individual accounts. The Department shall be responsible 15 for keeping complete records of all disbursements for 16 each individual account for any purpose. 17 (2) Calculate on a monthly basis the amounts paid 18 from State funds for the child's board and care, medical 19 care not covered under Medicaid, and social services; and 20 utilize funds from the child's individual account, as 21 covered by regulation, to reimburse those costs. 22 Monthly, disbursements from all children's individual 23 accounts, up to 1/12 of $13,000,000, shall be deposited 24 by the Department into the General Revenue Fund and the 25 balance over 1/12 of $13,000,000 into the DCFS Children's 26 Services Fund. 27 (3) Maintain any balance remaining after 28 reimbursing for the child's costs of care, as specified 29 in item (2). The balance shall accumulate in accordance 30 with relevant State and federal laws and shall be 31 disbursed to the child or his or her guardian, or to the 32 issuing agency. 33 (r) The Department shall promulgate regulations 34 encouraging all adoption agencies to voluntarily forward to HB0097 Engrossed -17- LRB9000901MWpc 1 the Department or its agent names and addresses of all 2 persons who have applied for and have been approved for 3 adoption of a hard-to-place or handicapped child and the 4 names of such children who have not been placed for adoption. 5 A list of such names and addresses shall be maintained by the 6 Department or its agent, and coded lists which maintain the 7 confidentiality of the person seeking to adopt the child and 8 of the child shall be made available, without charge, to 9 every adoption agency in the State to assist the agencies in 10 placing such children for adoption. The Department may 11 delegate to an agent its duty to maintain and make available 12 such lists. The Department shall ensure that such agent 13 maintains the confidentiality of the person seeking to adopt 14 the child and of the child. 15 (s) The Department of Children and Family Services may 16 establish and implement a program to reimburse Department and 17 private child welfare agency foster parents licensed by the 18 Department of Children and Family Services for damages 19 sustained by the foster parents as a result of the malicious 20 or negligent acts of foster children, as well as providing 21 third party coverage for such foster parents with regard to 22 actions of foster children to other individuals. Such 23 coverage will be secondary to the foster parent liability 24 insurance policy, if applicable. The program shall be funded 25 through appropriations from the General Revenue Fund, 26 specifically designated for such purposes. 27 (t) The Department shall perform home studies and 28 investigations and shall exercise supervision over visitation 29 as ordered by a court pursuant to the Illinois Marriage and 30 Dissolution of Marriage Act or the Adoption Act only if: 31 (1) an order entered by an Illinois court 32 specifically directs the Department to perform such 33 services; and 34 (2) the court has ordered one or both of the HB0097 Engrossed -18- LRB9000901MWpc 1 parties to the proceeding to reimburse the Department for 2 its reasonable costs for providing such services in 3 accordance with Department rules, or has determined that 4 neither party is financially able to pay. 5 The Department shall provide written notification to the 6 court of the specific arrangements for supervised visitation 7 and projected monthly costs within 60 days of the court 8 order. The Department shall send to the court information 9 related to the costs incurred except in cases where the court 10 has determined the parties are financially unable to pay. The 11 court may order additional periodic reports as appropriate. 12 (u) Whenever the Department places a child in a licensed 13 foster home, group home, child care institution, or in a 14 relative home, the Department shall provide to the caretaker: 15 (1) available detailed information concerning the 16 child's educational and health history, copies of 17 immunization records (including insurance and medical 18 card information), a history of the child's previous 19 placements, if any, and reasons for placement changes 20 excluding any information that identifies or reveals the 21 location of any previous caretaker; 22 (2) a copy of the child's portion of the client 23 service plan, including any visitation arrangement, and 24 all amendments or revisions to it as related to the 25 child; and 26 (3) information containing details of the child's 27 individualized educational plan when the child is 28 receiving special education services. 29 The caretaker shall be informed of any known social or 30 behavioral information (including, but not limited to, fire 31 setting, perpetuation of sexual abuse, destructive behavior, 32 and substance abuse) necessary to care for and safeguard the 33 child. 34 (u-5) Effective July 1, 1995, only foster care HB0097 Engrossed -19- LRB9000901MWpc 1 placements licensed as foster family homes pursuant to the 2 Child Care Act of 1969 shall be eligible to receive foster 3 care payments from the Department. Relative caregivers who, 4 as of July 1, 1995, were approved pursuant to approved 5 relative placement rules previously promulgated by the 6 Department at 89 Ill. Adm. Code 335 and had submitted an 7 application for licensure as a foster family home may 8 continue to receive foster care payments only until the 9 Department determines that they may be licensed as a foster 10 family home or that their application for licensure is denied 11 or until September 30, 1995, whichever occurs first. 12 (v) The Department shall access criminal history record 13 information as defined in the Illinois Uniform Conviction 14 Information Act and information maintained in the 15 adjudicatory and dispositional record system as defined in 16 subdivision (A)19 of Section 55a of the Civil Administrative 17 Code of Illinois if the Department determines the information 18 is necessary to perform its duties under the Abused and 19 Neglected Child Reporting Act, the Child Care Act of 1969, 20 and the Children and Family Services Act. The Department 21 shall provide for interactive computerized communication and 22 processing equipment that permits direct on-line 23 communication with the Department of State Police's central 24 criminal history data repository. The Department shall 25 comply with all certification requirements and provide 26 certified operators who have been trained by personnel from 27 the Department of State Police. In addition, one Office of 28 the Inspector General investigator shall have training in the 29 use of the criminal history information access system and 30 have access to the terminal. The Department of Children and 31 Family Services and its employees shall abide by rules and 32 regulations established by the Department of State Police 33 relating to the access and dissemination of this information. 34 (w) Within 120 days of August 20, 1995 (the effective HB0097 Engrossed -20- LRB9000901MWpc 1 date of Public Act 89-392)this amendatory Act of 1995), the 2 Department shall prepare and submit to the Governor and the 3 General Assembly, a written plan for the development of 4 in-state licensed secure child care facilities that care for 5 children who are in need of secure living arrangements for 6 their health, safety, and well-being. For purposes of this 7 subsection, secure care facility shall mean a facility that 8 is designed and operated to ensure that all entrances and 9 exits from the facility, a building or a distinct part of the 10 building, are under the exclusive control of the staff of the 11 facility, whether or not the child has the freedom of 12 movement within the perimeter of the facility, building, or 13 distinct part of the building. The plan shall include 14 descriptions of the types of facilities that are needed in 15 Illinois; the cost of developing these secure care 16 facilities; the estimated number of placements; the potential 17 cost savings resulting from the movement of children 18 currently out-of-state who are projected to be returned to 19 Illinois; the necessary geographic distribution of these 20 facilities in Illinois; and a proposed timetable for 21 development of such facilities. 22 (Source: P.A. 88-380; 88-398; 88-487; 88-614, eff. 9-7-94; 23 88-670, eff. 12-2-94; 89-21, eff. 6-6-95; 89-392, eff. 24 8-20-95; 89-626, eff. 8-9-96.) 25 (Text of Section after amendment by P.A. 89-507) 26 Sec. 5. Direct child welfare services; Department of 27 Children and Family Services. To provide direct child welfare 28 services when not available through other public or private 29 child care or program facilities. 30 (a) For purposes of this Section: 31 (1) "Children" means persons found within the State 32 who are under the age of 18 years. The term also 33 includes persons under age 19 who: 34 (A) were committed to the Department pursuant HB0097 Engrossed -21- LRB9000901MWpc 1 to the Juvenile Court Act or the Juvenile Court Act 2 of 1987, as amended, prior to the age of 18 and who 3 continue under the jurisdiction of the court; or 4 (B) were accepted for care, service and 5 training by the Department prior to the age of 18 6 and whose best interest in the discretion of the 7 Department would be served by continuing that care, 8 service and training because of severe emotional 9 disturbances, physical disability, social adjustment 10 or any combination thereof, or because of the need 11 to complete an educational or vocational training 12 program. 13 (2) "Homeless youth" means persons found within the 14 State who are under the age of 19, are not in a safe and 15 stable living situation and cannot be reunited with their 16 families. 17 (3) "Child welfare services" means public social 18 services which are directed toward the accomplishment of 19 the following purposes: 20 (A) protecting and promoting the welfare of 21 children, including homeless, dependent or neglected 22 children; 23 (B) remedying, or assisting in the solution of 24 problems which may result in, the neglect, abuse, 25 exploitation or delinquency of children; 26 (C) preventing the unnecessary separation of 27 children from their families by identifying family 28 problems, assisting families in resolving their 29 problems, and preventing the breakup of the family 30 where the prevention of child removal is desirable 31 and possible; 32 (D) restoring to their families children who 33 have been removed, by the provision of services to 34 the child and the families; HB0097 Engrossed -22- LRB9000901MWpc 1 (E) placing children in suitable adoptive 2 homes, in cases where restoration to the biological 3 family is not possible or appropriate; 4 (F) assuring adequate care of children away 5 from their homes, in cases where the child cannot be 6 returned home or cannot be placed for adoption; 7 (G) (blank); 8 (H) (blank); and 9 (I) placing and maintaining children in 10 facilities that provide separate living quarters for 11 children under the age of 18 and for children 18 12 years of age and older, unless a child 18 years of 13 age is in the last year of high school education or 14 vocational training, in an approved individual or 15 group treatment program, or in a licensed shelter 16 facility. The Department is not required to place 17 or maintain children: 18 (i) who are in a foster home, or 19 (ii) who are persons with a developmental 20 disability, as defined in the Mental Health and 21 Developmental Disabilities Code, or 22 (iii) who are female children who are 23 pregnant, pregnant and parenting or parenting, 24 or 25 (iv) who are siblings, 26 in facilities that provide separate living quarters 27 for children 18 years of age and older and for 28 children under 18 years of age. 29 (b) Nothing in this Section shall be construed to 30 authorize the expenditure of public funds for the purpose of 31 performing abortions. 32 (c) The Department shall establish and maintain 33 tax-supported child welfare services and extend and seek to 34 improve voluntary services throughout the State, to the end HB0097 Engrossed -23- LRB9000901MWpc 1 that services and care shall be available on an equal basis 2 throughout the State to children requiring such services. 3 (d) The Director may authorize advance disbursements for 4 any new program initiative to any agency contracting with the 5 Department. As a prerequisite for an advance disbursement, 6 the contractor must post a surety bond in the amount of the 7 advance disbursement and have a purchase of service contract 8 approved by the Department. The Department may pay up to 2 9 months operational expenses in advance. The amount of the 10 advance disbursement shall be prorated over the life of the 11 contract or the remaining months of the fiscal year, 12 whichever is less, and the installment amount shall then be 13 deducted from future bills. Advance disbursement 14 authorizations for new initiatives shall not be made to any 15 agency after that agency has operated during 2 consecutive 16 fiscal years. The requirements of this Section concerning 17 advance disbursements shall not apply with respect to the 18 following: payments to local public agencies for child day 19 care services as authorized by Section 5a of this Act; and 20 youth service programs receiving grant funds under Section 21 17a-4. 22 (e) (Blank). 23 (f) (Blank). 24 (g) The Department shall establish rules and regulations 25 concerning its operation of programs designed to meet the 26 goals of child protection, family preservation, family 27 reunification, and adoption, including but not limited to: 28 (1) adoption; 29 (2) foster care; 30 (3) family counseling; 31 (4) protective services; 32 (5) (blank); 33 (6) homemaker service; 34 (7) return of runaway children; HB0097 Engrossed -24- LRB9000901MWpc 1 (8) (blank); 2 (9) placement under Section 5-7 of the Juvenile 3 Court Act or Section 2-27, 3-28, 4-25 or 5-29 of the 4 Juvenile Court Act of 1987 in accordance with the federal 5 Adoption Assistance and Child Welfare Act of 1980; and 6 (10) interstate services. 7 Rules and regulations established by the Department shall 8 include provisions for training Department staff and the 9 staff of Department grantees, through contracts with other 10 agencies or resources, in alcohol and drug abuse screening 11 techniques to identify children and adults who should be 12 referred to an alcohol and drug abuse treatment program for 13 professional evaluation. 14 (h) If the Department finds that there is no appropriate 15 program or facility within or available to the Department for 16 a ward and that no licensed private facility has an adequate 17 and appropriate program or none agrees to accept the ward, 18 the Department shall create an appropriate individualized, 19 program-oriented plan for such ward. The plan may be 20 developed within the Department or through purchase of 21 services by the Department to the extent that it is within 22 its statutory authority to do. 23 (i) Service programs shall be available throughout the 24 State and shall include but not be limited to the following 25 services: 26 (1) case management; 27 (2) homemakers; 28 (3) counseling; 29 (4) parent education; 30 (5) day care; and 31 (6) emergency assistance and advocacy. 32 In addition, the following services may be made available 33 to assess and meet the needs of children and families: 34 (1) comprehensive family-based services; HB0097 Engrossed -25- LRB9000901MWpc 1 (2) assessments; 2 (3) respite care; and 3 (4) in-home health services. 4 The Department shall provide transportation for any of 5 the services it makes available to children or families or 6 for which it refers children or families. 7 (j) The Department may provide financial assistance, and 8 shall establish rules and regulations concerning such 9 assistance, to persons who adopt physically or mentally 10 handicapped, older and other hard-to-place children who 11 immediately prior to their adoption were legal wards of the 12 Department. The Department may also provide financial 13 assistance, and shall establish rules and regulations for 14 such assistance, to persons appointed guardian of the person 15 under Section 5-7 of the Juvenile Court Act or Section 2-27, 16 3-28, 4-25 or 5-29 of the Juvenile Court Act of 1987 for 17 children who were wards of the Department for 12 months 18 immediately prior to the appointment of the successor 19 guardian and for whom the Department has set a goal of 20 permanent family placement with a foster family. 21 The amount of assistance may vary, depending upon the 22 needs of the child and the adoptive parents, but must beat23least $25less than the monthly cost of care of the child in 24 a foster home, as set forth in the annual assistance 25 agreement. Special purpose grants are allowed where the 26 child requires special service but such costs may not exceed 27 the amounts which similar services would cost the Department 28 if it were to provide or secure them as guardian of the 29 child. 30 Any financial assistance provided under this subsection 31 is inalienable by assignment, sale, execution, attachment, 32 garnishment, or any other remedy for recovery or collection 33 of a judgment or debt. 34 (k) The Department shall accept for care and training HB0097 Engrossed -26- LRB9000901MWpc 1 any child who has been adjudicated neglected or abused, or 2 dependent committed to it pursuant to the Juvenile Court Act 3 or the Juvenile Court Act of 1987. 4 (l) Before July 1, 2000, the Department may provide, and 5 beginning July 1, 2000, the Department shall provide, family 6 preservation services, as determined to be appropriate and in 7 the child's best interests and when the child will not be in 8 imminent risk of harm, to any family whose child has been 9 placed in substitute care, any persons who have adopted a 10 child and require post-adoption services, or any persons 11 whose child or children are at risk of being placed outside 12 their home as documented by an "indicated" report of 13 suspected child abuse or neglect determined pursuant to the 14 Abused and Neglected Child Reporting Act. Nothing in this 15 paragraph shall be construed to create a private right of 16 action or claim on the part of any individual or child 17 welfare agency. 18 The Department shall notify the child and his family of 19 the Department's responsibility to offer and provide family 20 preservation services as identified in the service plan. The 21 child and his family shall be eligible for services as soon 22 as the report is determined to be "indicated". The 23 Department may offer services to any child or family with 24 respect to whom a report of suspected child abuse or neglect 25 has been filed, prior to concluding its investigation under 26 Section 7.12 of the Abused and Neglected Child Reporting Act. 27 However, the child's or family's willingness to accept 28 services shall not be considered in the investigation. The 29 Department may also provide services to any child or family 30 who is the subject of any report of suspected child abuse or 31 neglect or may refer such child or family to services 32 available from other agencies in the community, even if the 33 report is determined to be unfounded, if the conditions in 34 the child's or family's home are reasonably likely to subject HB0097 Engrossed -27- LRB9000901MWpc 1 the child or family to future reports of suspected child 2 abuse or neglect. Acceptance of such services shall be 3 voluntary. 4 The Department may, at its discretion except for those 5 children also adjudicated neglected or dependent, accept for 6 care and training any child who has been adjudicated 7 addicted, as a truant minor in need of supervision or as a 8 minor requiring authoritative intervention, under the 9 Juvenile Court Act or the Juvenile Court Act of 1987, but no 10 such child shall be committed to the Department by any court 11 without the approval of the Department. A minor charged with 12 a criminal offense under the Criminal Code of 1961 or 13 adjudicated delinquent shall not be placed in the custody of 14 or committed to the Department by any court, except a minor 15 less than 13 years of age committed to the Department under 16 Section 5-23 of the Juvenile Court Act of 1987. 17 (m) The Department may assume temporary custody of any 18 child if: 19 (1) it has received a written consent to such 20 temporary custody signed by the parents of the child or 21 by the parent having custody of the child if the parents 22 are not living together or by the guardian or custodian 23 of the child if the child is not in the custody of either 24 parent, or 25 (2) the child is found in the State and neither a 26 parent, guardian nor custodian of the child can be 27 located. 28 If the child is found in his or her residence without a 29 parent, guardian, custodian or responsible caretaker, the 30 Department may, instead of removing the child and assuming 31 temporary custody, place an authorized representative of the 32 Department in that residence until such time as a parent, 33 guardian or custodian enters the home and expresses a 34 willingness and apparent ability to resume permanent charge HB0097 Engrossed -28- LRB9000901MWpc 1 of the child, or until a relative enters the home and is 2 willing and able to assume charge of the child until a 3 parent, guardian or custodian enters the home and expresses 4 such willingness and ability to resume permanent charge. 5 After a caretaker has remained in the home for a period not 6 to exceed 12 hours, the Department must follow those 7 procedures outlined in Section 2-9, 3-11, 4-8 or 5-9 of the 8 Juvenile Court Act of 1987. 9 The Department shall have the authority, responsibilities 10 and duties that a legal custodian of the child would have 11 pursuant to subsection (9) of Section 1-3 of the Juvenile 12 Court Act of 1987. Whenever a child is taken into temporary 13 custody pursuant to an investigation under the Abused and 14 Neglected Child Reporting Act, or pursuant to a referral and 15 acceptance under the Juvenile Court Act of 1987 of a minor in 16 limited custody, the Department, during the period of 17 temporary custody and before the child is brought before a 18 judicial officer as required by Section 2-9, 3-11, 4-8 or 5-9 19 of the Juvenile Court Act of 1987, shall have the authority, 20 responsibilities and duties that a legal custodian of the 21 child would have under subsection (9) of Section 1-3 of the 22 Juvenile Court Act of 1987. 23 The Department shall ensure that any child taken into 24 custody is scheduled for an appointment for a medical 25 examination. 26 A parent, guardian or custodian of a child in the 27 temporary custody of the Department who would have custody of 28 the child if he were not in the temporary custody of the 29 Department may deliver to the Department a signed request 30 that the Department surrender the temporary custody of the 31 child. The Department may retain temporary custody of the 32 child for 10 days after the receipt of the request, during 33 which period the Department may cause to be filed a petition 34 pursuant to the Juvenile Court Act of 1987. If a petition is HB0097 Engrossed -29- LRB9000901MWpc 1 so filed, the Department shall retain temporary custody of 2 the child until the court orders otherwise. If a petition is 3 not filed within the 10 day period, the child shall be 4 surrendered to the custody of the requesting parent, guardian 5 or custodian not later than the expiration of the 10 day 6 period, at which time the authority and duties of the 7 Department with respect to the temporary custody of the child 8 shall terminate. 9 (n) The Department may place children under 18 years of 10 age in licensed child care facilities when in the opinion of 11 the Department, appropriate services aimed at family 12 preservation have been unsuccessful or unavailable and such 13 placement would be for their best interest. Payment for 14 board, clothing, care, training and supervision of any child 15 placed in a licensed child care facility may be made by the 16 Department, by the parents or guardians of the estates of 17 those children, or by both the Department and the parents or 18 guardians, except that no payments shall be made by the 19 Department for any child placed in a licensed child care 20 facility for board, clothing, care, training and supervision 21 of such a child that exceed the average per capita cost of 22 maintaining and of caring for a child in institutions for 23 dependent or neglected children operated by the Department. 24 However, such restriction on payments does not apply in cases 25 where children require specialized care and treatment for 26 problems of severe emotional disturbance, physical 27 disability, social adjustment, or any combination thereof and 28 suitable facilities for the placement of such children are 29 not available at payment rates within the limitations set 30 forth in this Section. All reimbursements for services 31 delivered shall be absolutely inalienable by assignment, 32 sale, attachment, garnishment or otherwise. 33 (o) The Department shall establish an administrative 34 review and appeal process for children and families who HB0097 Engrossed -30- LRB9000901MWpc 1 request or receive child welfare services from the 2 Department. Children who are wards of the Department and are 3 placed by private child welfare agencies, and foster families 4 with whom those children are placed, shall be afforded the 5 same procedural and appeal rights as children and families in 6 the case of placement by the Department, including the right 7 to an initial review of a private agency decision by that 8 agency. The Department shall insure that any private child 9 welfare agency, which accepts wards of the Department for 10 placement, affords those rights to children and foster 11 families. The Department shall accept for administrative 12 review and an appeal hearing a complaint made by a child or 13 foster family concerning a decision following an initial 14 review by a private child welfare agency. An appeal of a 15 decision concerning a change in the placement of a child 16 shall be conducted in an expedited manner. 17 (p) There is hereby created the Department of Children 18 and Family Services Emergency Assistance Fund from which the 19 Department may provide special financial assistance to 20 families which are in economic crisis when such assistance is 21 not available through other public or private sources and the 22 assistance is deemed necessary to prevent dissolution of the 23 family unit or to reunite families which have been separated 24 due to child abuse and neglect. The Department shall 25 establish administrative rules specifying the criteria for 26 determining eligibility for and the amount and nature of 27 assistance to be provided. The Department may also enter 28 into written agreements with private and public social 29 service agencies to provide emergency financial services to 30 families referred by the Department. Special financial 31 assistance payments shall be available to a family no more 32 than once during each fiscal year and the total payments to a 33 family may not exceed $500 during a fiscal year. 34 (q) The Department may receive and use, in their HB0097 Engrossed -31- LRB9000901MWpc 1 entirety, for the benefit of children any gift, donation or 2 bequest of money or other property which is received on 3 behalf of such children, or any financial benefits to which 4 such children are or may become entitled while under the 5 jurisdiction or care of the Department. 6 The Department shall set up and administer no-cost, 7 interest-bearing savings accounts in appropriate financial 8 institutions ("individual accounts") for children for whom 9 the Department is legally responsible and who have been 10 determined eligible for Veterans' Benefits, Social Security 11 benefits, assistance allotments from the armed forces, court 12 ordered payments, parental voluntary payments, Supplemental 13 Security Income, Railroad Retirement payments, Black Lung 14 benefits, or other miscellaneous payments. Interest earned 15 by each individual account shall be credited to the account, 16 unless disbursed in accordance with this subsection. 17 In disbursing funds from children's individual accounts, 18 the Department shall: 19 (1) Establish standards in accordance with State 20 and federal laws for disbursing money from children's 21 individual accounts. In all circumstances, the 22 Department's "Guardianship Administrator" or his or her 23 designee must approve disbursements from children's 24 individual accounts. The Department shall be responsible 25 for keeping complete records of all disbursements for 26 each individual account for any purpose. 27 (2) Calculate on a monthly basis the amounts paid 28 from State funds for the child's board and care, medical 29 care not covered under Medicaid, and social services; and 30 utilize funds from the child's individual account, as 31 covered by regulation, to reimburse those costs. 32 Monthly, disbursements from all children's individual 33 accounts, up to 1/12 of $13,000,000, shall be deposited 34 by the Department into the General Revenue Fund and the HB0097 Engrossed -32- LRB9000901MWpc 1 balance over 1/12 of $13,000,000 into the DCFS Children's 2 Services Fund. 3 (3) Maintain any balance remaining after 4 reimbursing for the child's costs of care, as specified 5 in item (2). The balance shall accumulate in accordance 6 with relevant State and federal laws and shall be 7 disbursed to the child or his or her guardian, or to the 8 issuing agency. 9 (r) The Department shall promulgate regulations 10 encouraging all adoption agencies to voluntarily forward to 11 the Department or its agent names and addresses of all 12 persons who have applied for and have been approved for 13 adoption of a hard-to-place or handicapped child and the 14 names of such children who have not been placed for adoption. 15 A list of such names and addresses shall be maintained by the 16 Department or its agent, and coded lists which maintain the 17 confidentiality of the person seeking to adopt the child and 18 of the child shall be made available, without charge, to 19 every adoption agency in the State to assist the agencies in 20 placing such children for adoption. The Department may 21 delegate to an agent its duty to maintain and make available 22 such lists. The Department shall ensure that such agent 23 maintains the confidentiality of the person seeking to adopt 24 the child and of the child. 25 (s) The Department of Children and Family Services may 26 establish and implement a program to reimburse Department and 27 private child welfare agency foster parents licensed by the 28 Department of Children and Family Services for damages 29 sustained by the foster parents as a result of the malicious 30 or negligent acts of foster children, as well as providing 31 third party coverage for such foster parents with regard to 32 actions of foster children to other individuals. Such 33 coverage will be secondary to the foster parent liability 34 insurance policy, if applicable. The program shall be funded HB0097 Engrossed -33- LRB9000901MWpc 1 through appropriations from the General Revenue Fund, 2 specifically designated for such purposes. 3 (t) The Department shall perform home studies and 4 investigations and shall exercise supervision over visitation 5 as ordered by a court pursuant to the Illinois Marriage and 6 Dissolution of Marriage Act or the Adoption Act only if: 7 (1) an order entered by an Illinois court 8 specifically directs the Department to perform such 9 services; and 10 (2) the court has ordered one or both of the 11 parties to the proceeding to reimburse the Department for 12 its reasonable costs for providing such services in 13 accordance with Department rules, or has determined that 14 neither party is financially able to pay. 15 The Department shall provide written notification to the 16 court of the specific arrangements for supervised visitation 17 and projected monthly costs within 60 days of the court 18 order. The Department shall send to the court information 19 related to the costs incurred except in cases where the court 20 has determined the parties are financially unable to pay. The 21 court may order additional periodic reports as appropriate. 22 (u) Whenever the Department places a child in a licensed 23 foster home, group home, child care institution, or in a 24 relative home, the Department shall provide to the caretaker: 25 (1) available detailed information concerning the 26 child's educational and health history, copies of 27 immunization records (including insurance and medical 28 card information), a history of the child's previous 29 placements, if any, and reasons for placement changes 30 excluding any information that identifies or reveals the 31 location of any previous caretaker; 32 (2) a copy of the child's portion of the client 33 service plan, including any visitation arrangement, and 34 all amendments or revisions to it as related to the HB0097 Engrossed -34- LRB9000901MWpc 1 child; and 2 (3) information containing details of the child's 3 individualized educational plan when the child is 4 receiving special education services. 5 The caretaker shall be informed of any known social or 6 behavioral information (including, but not limited to, fire 7 setting, perpetuation of sexual abuse, destructive behavior, 8 and substance abuse) necessary to care for and safeguard the 9 child. 10 (u-5) Effective July 1, 1995, only foster care 11 placements licensed as foster family homes pursuant to the 12 Child Care Act of 1969 shall be eligible to receive foster 13 care payments from the Department. Relative caregivers who, 14 as of July 1, 1995, were approved pursuant to approved 15 relative placement rules previously promulgated by the 16 Department at 89 Ill. Adm. Code 335 and had submitted an 17 application for licensure as a foster family home may 18 continue to receive foster care payments only until the 19 Department determines that they may be licensed as a foster 20 family home or that their application for licensure is denied 21 or until September 30, 1995, whichever occurs first. 22 (v) The Department shall access criminal history record 23 information as defined in the Illinois Uniform Conviction 24 Information Act and information maintained in the 25 adjudicatory and dispositional record system as defined in 26 subdivision (A)19 of Section 55a of the Civil Administrative 27 Code of Illinois if the Department determines the information 28 is necessary to perform its duties under the Abused and 29 Neglected Child Reporting Act, the Child Care Act of 1969, 30 and the Children and Family Services Act. The Department 31 shall provide for interactive computerized communication and 32 processing equipment that permits direct on-line 33 communication with the Department of State Police's central 34 criminal history data repository. The Department shall HB0097 Engrossed -35- LRB9000901MWpc 1 comply with all certification requirements and provide 2 certified operators who have been trained by personnel from 3 the Department of State Police. In addition, one Office of 4 the Inspector General investigator shall have training in the 5 use of the criminal history information access system and 6 have access to the terminal. The Department of Children and 7 Family Services and its employees shall abide by rules and 8 regulations established by the Department of State Police 9 relating to the access and dissemination of this information. 10 (w) Within 120 days of August 20, 1995 (the effective 11 date of Public Act 89-392)this amendatory Act of 1995), the 12 Department shall prepare and submit to the Governor and the 13 General Assembly, a written plan for the development of 14 in-state licensed secure child care facilities that care for 15 children who are in need of secure living arrangements for 16 their health, safety, and well-being. For purposes of this 17 subsection, secure care facility shall mean a facility that 18 is designed and operated to ensure that all entrances and 19 exits from the facility, a building or a distinct part of the 20 building, are under the exclusive control of the staff of the 21 facility, whether or not the child has the freedom of 22 movement within the perimeter of the facility, building, or 23 distinct part of the building. The plan shall include 24 descriptions of the types of facilities that are needed in 25 Illinois; the cost of developing these secure care 26 facilities; the estimated number of placements; the potential 27 cost savings resulting from the movement of children 28 currently out-of-state who are projected to be returned to 29 Illinois; the necessary geographic distribution of these 30 facilities in Illinois; and a proposed timetable for 31 development of such facilities. 32 (Source: P.A. 88-380; 88-398; 88-487; 88-614, eff. 9-7-94; 33 88-670, eff. 12-2-94; 89-21, eff. 6-6-95; 89-392, eff. 34 8-20-95; 89-507, eff. 7-1-97; 89-626, eff. 8-9-96.) HB0097 Engrossed -36- LRB9000901MWpc 1 Section 95. No acceleration or delay. Where this Act 2 makes changes in a statute that is represented in this Act by 3 text that is not yet or no longer in effect (for example, a 4 Section represented by multiple versions), the use of that 5 text does not accelerate or delay the taking effect of (i) 6 the changes made by this Act or (ii) provisions derived from 7 any other Public Act. 8 Section 99. Effective date. This Act takes effect upon 9 becoming law.