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90_HB0976
20 ILCS 505/5 from Ch. 23, par. 5005
105 ILCS 10/8.1 from Ch. 122, par. 50-8.1
Amends the Children and Family Services Act. Requires
the Department of Children and Family Services to also
provide the child's birth certificate and social security
number to the caretaker upon placement of a child. Provides
that in an emergency placement of a child, the required
documentation shall be provided within 8 working days after
the placement. Amends the Illinois School Student Records
Act to provide that when the Department places a child and
requests the school records, the school district has 5
working days (now 10 days) to send the records to the new
school district.
LRB9003693PTcw
LRB9003693PTcw
1 AN ACT concerning foster care, amending named Acts.
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 Section 5 as follows:
6 (20 ILCS 505/5) (from Ch. 23, par. 5005)
7 (Text of Section before amendment by P.A. 89-507)
8 Sec. 5. To provide direct child welfare services when
9 not available through other public or private child care or
10 program facilities.
11 (a) For purposes of this Section:
12 (1) "Children" means persons found within the State
13 who are under the age of 18 years. The term also
14 includes persons under age 19 who:
15 (A) were committed to the Department pursuant
16 to the Juvenile Court Act or the Juvenile Court Act
17 of 1987, as amended, prior to the age of 18 and who
18 continue under the jurisdiction of the court; or
19 (B) were accepted for care, service and
20 training by the Department prior to the age of 18
21 and whose best interest in the discretion of the
22 Department would be served by continuing that care,
23 service and training because of severe emotional
24 disturbances, physical disability, social adjustment
25 or any combination thereof, or because of the need
26 to complete an educational or vocational training
27 program.
28 (2) "Homeless youth" means persons found within the
29 State who are under the age of 19, are not in a safe and
30 stable living situation and cannot be reunited with their
31 families.
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1 (3) "Child welfare services" means public social
2 services which are directed toward the accomplishment of
3 the following purposes:
4 (A) protecting and promoting the welfare of
5 children, including homeless, dependent or neglected
6 children;
7 (B) preventing or remedying, or assisting in
8 the solution of problems which may result in, the
9 neglect, abuse, exploitation or delinquency of
10 children;
11 (C) preventing the unnecessary separation of
12 children from their families by identifying family
13 problems, assisting families in resolving their
14 problems, and preventing the breakup of the family
15 where the prevention of child removal is desirable
16 and possible;
17 (D) restoring to their families children who
18 have been removed, by the provision of services to
19 the child and the families;
20 (E) placing children in suitable adoptive
21 homes, in cases where restoration to the biological
22 family is not possible or appropriate;
23 (F) assuring adequate care of children away
24 from their homes, in cases where the child cannot be
25 returned home or cannot be placed for adoption;
26 (G) providing supportive services and living
27 maintenance which contribute to the physical,
28 emotional and social well-being of children who are
29 pregnant and unmarried;
30 (H) providing shelter and independent living
31 services for homeless youth; and
32 (I) placing and maintaining children in
33 facilities that provide separate living quarters for
34 children under the age of 18 and for children 18
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1 years of age and older, unless a child 18 years of
2 age is in the last year of high school education or
3 vocational training, in an approved individual or
4 group treatment program, or in a licensed shelter
5 facility. The Department is not required to place
6 or maintain children:
7 (i) who are in a foster home, or
8 (ii) who are persons with a developmental
9 disability, as defined in the Mental Health and
10 Developmental Disabilities Code, or
11 (iii) who are female children who are
12 pregnant, pregnant and parenting or parenting,
13 or
14 (iv) who are siblings,
15 in facilities that provide separate living quarters
16 for children 18 years of age and older and for
17 children under 18 years of age.
18 (b) Nothing in this Section shall be construed to
19 authorize the expenditure of public funds for the purpose of
20 performing abortions.
21 (c) The Department shall establish and maintain
22 tax-supported child welfare services and extend and seek to
23 improve voluntary services throughout the State, to the end
24 that services and care shall be available on an equal basis
25 throughout the State to children requiring such services.
26 (d) The Director may authorize advance disbursements for
27 any new program initiative to any agency contracting with the
28 Department. As a prerequisite for an advance disbursement,
29 the contractor must post a surety bond in the amount of the
30 advance disbursement and have a purchase of service contract
31 approved by the Department. The Department may pay up to 2
32 months operational expenses in advance. The amount of the
33 advance disbursement shall be prorated over the life of the
34 contract or the remaining months of the fiscal year,
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1 whichever is less, and the installment amount shall then be
2 deducted from future bills. Advance disbursement
3 authorizations for new initiatives shall not be made to any
4 agency after that agency has operated during 2 consecutive
5 fiscal years. The requirements of this Section concerning
6 advance disbursements shall not apply with respect to the
7 following: payments to local public agencies for child day
8 care services as authorized by Section 5a of this Act; and
9 youth service programs receiving grant funds under Section
10 17a-4.
11 (e) For the purpose of insuring effective state-wide
12 planning, development, and utilization of resources for the
13 day care of children, operated under various auspices, the
14 Department is hereby designated to coordinate all day care
15 activities for children of the State and shall:
16 (1) Develop on or before December 1, 1977, and
17 update every year thereafter, a state comprehensive
18 day-care plan for submission to the Governor which
19 identifies high-priority areas and groups, relating them
20 to available resources, and identifying the most
21 effective approaches to the use of existing day care
22 services. The State comprehensive day-care plan shall be
23 made available to the General Assembly following the
24 Governor's approval of the plan.
25 The plan shall include methods and procedures for
26 the development of additional day care resources for
27 children to meet the goal of reducing short-run and
28 long-run dependency and to provide necessary enrichment
29 and stimulation to the education of young children.
30 Recommendation shall be made for State policy on optimum
31 use of private and public, local, state and federal
32 resources, including an estimate of the resources needed
33 for the licensing and regulation of day care facilities.
34 A written report shall be submitted to the Governor
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1 and the General Assembly, annually, on April 15, and
2 shall include an evaluation of developments over the
3 preceding fiscal year, including cost-benefit analyses of
4 various arrangements. Beginning with the report in 1990
5 and every 2 years thereafter, the report shall also
6 include the following:
7 (A) An assessment of the child care services,
8 needs and available resources throughout the State
9 and an assessment of the adequacy of existing child
10 care services, including, but not limited to,
11 services assisted under this Act and under any other
12 program administered by other State agencies.
13 (B) A survey of day care facilities to
14 determine the number of qualified caregivers, as
15 defined by rule, attracted to vacant positions and
16 any problems encountered by facilities in attracting
17 and retaining capable caregivers.
18 (C) The average wages and salaries and fringe
19 benefit packages paid to caregivers throughout the
20 State, computed on a regional basis.
21 (D) The qualifications of new caregivers hired
22 at licensed day care facilities during the previous
23 2 year period.
24 (E) Recommendations for increasing caregiver
25 wages and salaries to insure quality care for
26 children.
27 (F) Evaluation of the fee structure and income
28 eligibility for child care subsidized by the State.
29 The requirement for reporting to the General
30 Assembly shall be satisfied by filing copies of the
31 report with the Speaker, the Minority Leader and the
32 Clerk of the House of Representatives and the President,
33 the Minority Leader and the Secretary of the Senate and
34 the Legislative Research Unit, as required by Section 3.1
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1 of the General Assembly Organization Act, and filing such
2 additional copies with the State Government Report
3 Distribution Center for the General Assembly as is
4 required under paragraph (t) of Section 7 of the State
5 Library Act.
6 (2) Establish policies and procedures for
7 developing and implementing interagency agreements with
8 other agencies of the State providing child care services
9 or reimbursement for such services.
10 (3) In cooperation with other State agencies,
11 develop and implement a resource and referral system for
12 the State of Illinois either within the Department or by
13 contract with local or regional agencies. Funding for
14 implementation of this system may be provided through
15 Department appropriations or other inter-agency funding
16 arrangements. The resource and referral system shall
17 provide at least the following services:
18 (A) assembling and maintaining a data base on
19 the supply of child care services;
20 (B) providing information and referrals for
21 parents;
22 (C) coordinating the development of new child
23 care resources;
24 (D) providing technical assistance and
25 training to child care service providers; and
26 (E) recording and analyzing the demand for
27 child care services.
28 The Department shall complete implementation of this
29 resource and referral system in all regions of the State
30 by January 1, 1992.
31 (4) Conduct day care planning activities with the
32 following priorities:
33 (A) development of voluntary day care
34 resources wherever possible, with the provision for
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1 grants-in-aid only where demonstrated to be useful
2 and necessary as incentives or supports;
3 (B) emphasis on service to children of
4 recipients of public assistance where such service
5 will allow training or employment of the parent
6 toward achieving the goal of independence;
7 (C) maximum employment of recipients of public
8 assistance in day care centers and day care homes,
9 operated in conjunction with short-term work
10 training programs;
11 (D) care of children from families in stress
12 and crises whose members potentially may become, or
13 are in danger of becoming, non-productive and
14 dependent;
15 (E) expansion of family day care facilities
16 wherever possible;
17 (F) location of centers in economically
18 depressed neighborhoods, preferably in multi-service
19 centers with cooperation of other agencies;
20 (G) use of existing facilities free of charge
21 or for reasonable rental wherever possible in lieu
22 of construction;
23 (H) development of strategies for assuring a
24 more complete range of day care options, including
25 provision of day care services in homes, in schools
26 or in centers, which will enable a parent or parents
27 to complete a course of education or obtain or
28 maintain employment.
29 Emphasis shall be given to support services which
30 will help to ensure such parents' graduation from high
31 school and to services for participants in the Project
32 Chance program of job training conducted by the Illinois
33 Department of Public Aid.
34 (5) Actively stimulate the development of public
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1 and private resources at the local level. It shall also
2 seek the fullest utilization of federal funds directly or
3 indirectly available to the Department.
4 Where appropriate, existing non-governmental agencies or
5 associations shall be involved in planning by the Department.
6 (f) The Department, pursuant to a contract with the
7 Illinois Department of Public Aid, may provide child care
8 services to former recipients of assistance under The
9 Illinois Public Aid Code as authorized by Section 9-6.3 of
10 that Code.
11 (g) The Department shall establish rules and regulations
12 concerning its operation of programs designed to meet the
13 goals of child protection, family preservation, family
14 reunification, adoption and youth development, including but
15 not limited to:
16 (1) adoption;
17 (2) foster care;
18 (3) family counseling;
19 (4) protective services;
20 (5) service to unwed mothers;
21 (6) homemaker service;
22 (7) return of runaway children;
23 (8) independent living skills and shelter for
24 homeless youth;
25 (9) placement under Section 5-7 of the Juvenile
26 Court Act or Section 2-27, 3-28, 4-25 or 5-29 of the
27 Juvenile Court Act of 1987 in accordance with the federal
28 Adoption Assistance and Child Welfare Act of 1980; and
29 (10) interstate services.
30 Rules and regulations established by the Department shall
31 include provisions for training Department staff and the
32 staff of Department grantees, through contracts with other
33 agencies or resources, in alcohol and drug abuse screening
34 techniques to identify children and adults who should be
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1 referred to an alcohol and drug abuse treatment program for
2 professional evaluation.
3 (h) If the Department finds that there is no appropriate
4 program or facility within or available to the Department for
5 a ward and that no licensed private facility has an adequate
6 and appropriate program or none agrees to accept the ward,
7 the Department shall create an appropriate individualized,
8 program-oriented plan for such ward. The plan may be
9 developed within the Department or through purchase of
10 services by the Department to the extent that it is within
11 its statutory authority to do.
12 (i) Service programs shall be available throughout the
13 State and shall include but not be limited to the following
14 services:
15 (1) case management;
16 (2) homemakers;
17 (3) counseling;
18 (4) parent education;
19 (5) day care; and
20 (6) emergency assistance and advocacy.
21 In addition, the following services may be made available
22 to assess and meet the needs of children and families:
23 (1) comprehensive family-based services;
24 (2) assessments;
25 (3) respite care; and
26 (4) in-home health services.
27 The Department shall provide transportation for any of
28 the services it makes available to children or families or
29 for which it refers children or families.
30 (j) The Department may provide financial assistance, and
31 shall establish rules and regulations concerning such
32 assistance, to persons who adopt physically or mentally
33 handicapped, older and other hard-to-place children who
34 immediately prior to their adoption were legal wards of the
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1 Department. The Department may also provide financial
2 assistance, and shall establish rules and regulations for
3 such assistance, to persons appointed guardian of the person
4 under Section 5-7 of the Juvenile Court Act or Section 2-27,
5 3-28, 4-25 or 5-29 of the Juvenile Court Act of 1987 for
6 children who were wards of the Department for 12 months
7 immediately prior to the appointment of the successor
8 guardian and for whom the Department has set a goal of
9 permanent family placement with a foster family.
10 The amount of assistance may vary, depending upon the
11 needs of the child and the adoptive parents, but must be at
12 least $25 less than the monthly cost of care of the child in
13 a foster home, as set forth in the annual assistance
14 agreement. Special purpose grants are allowed where the
15 child requires special service but such costs may not exceed
16 the amounts which similar services would cost the Department
17 if it were to provide or secure them as guardian of the
18 child.
19 Any financial assistance provided under this subsection
20 is inalienable by assignment, sale, execution, attachment,
21 garnishment, or any other remedy for recovery or collection
22 of a judgment or debt.
23 (k) The Department shall accept for care and training
24 any child who has been adjudicated neglected or abused, or
25 dependent committed to it pursuant to the Juvenile Court Act
26 or the Juvenile Court Act of 1987.
27 (l) Before July 1, 2000, the Department may provide, and
28 beginning July 1, 2000, the Department shall provide, family
29 preservation services, as determined to be appropriate and in
30 the child's best interests and when the child will not be in
31 imminent risk of harm, to any family whose child has been
32 placed in substitute care, any persons who have adopted a
33 child and require post-adoption services, or any persons
34 whose child or children are at risk of being placed outside
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1 their home as documented by an "indicated" report of
2 suspected child abuse or neglect determined pursuant to the
3 Abused and Neglected Child Reporting Act. Nothing in this
4 paragraph shall be construed to create a private right of
5 action or claim on the part of any individual or child
6 welfare agency.
7 The Department shall notify the child and his family of
8 the Department's responsibility to offer and provide family
9 preservation services as identified in the service plan. The
10 child and his family shall be eligible for services as soon
11 as the report is determined to be "indicated". The
12 Department may offer services to any child or family with
13 respect to whom a report of suspected child abuse or neglect
14 has been filed, prior to concluding its investigation under
15 Section 7.12 of the Abused and Neglected Child Reporting Act.
16 However, the child's or family's willingness to accept
17 services shall not be considered in the investigation. The
18 Department may also provide services to any child or family
19 who is the subject of any report of suspected child abuse or
20 neglect or may refer such child or family to services
21 available from other agencies in the community, even if the
22 report is determined to be unfounded, if the conditions in
23 the child's or family's home are reasonably likely to subject
24 the child or family to future reports of suspected child
25 abuse or neglect. Acceptance of such services shall be
26 voluntary.
27 The Department may, at its discretion except for those
28 children also adjudicated neglected or dependent, accept for
29 care and training any child who has been adjudicated
30 addicted, as a truant minor in need of supervision or as a
31 minor requiring authoritative intervention, under the
32 Juvenile Court Act or the Juvenile Court Act of 1987, but no
33 such child shall be committed to the Department by any court
34 without the approval of the Department. A minor charged with
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1 a criminal offense under the Criminal Code of 1961 or
2 adjudicated delinquent shall not be placed in the custody of
3 or committed to the Department by any court, except a minor
4 less than 13 years of age committed to the Department under
5 Section 5-23 of the Juvenile Court Act of 1987.
6 (m) The Department may assume temporary custody of any
7 child if:
8 (1) it has received a written consent to such
9 temporary custody signed by the parents of the child or
10 by the parent having custody of the child if the parents
11 are not living together or by the guardian or custodian
12 of the child if the child is not in the custody of either
13 parent, or
14 (2) the child is found in the State and neither a
15 parent, guardian nor custodian of the child can be
16 located.
17 If the child is found in his or her residence without a
18 parent, guardian, custodian or responsible caretaker, the
19 Department may, instead of removing the child and assuming
20 temporary custody, place an authorized representative of the
21 Department in that residence until such time as a parent,
22 guardian or custodian enters the home and expresses a
23 willingness and apparent ability to resume permanent charge
24 of the child, or until a relative enters the home and is
25 willing and able to assume charge of the child until a
26 parent, guardian or custodian enters the home and expresses
27 such willingness and ability to resume permanent charge.
28 After a caretaker has remained in the home for a period not
29 to exceed 12 hours, the Department must follow those
30 procedures outlined in Section 2-9, 3-11, 4-8 or 5-9 of the
31 Juvenile Court Act of 1987.
32 The Department shall have the authority, responsibilities
33 and duties that a legal custodian of the child would have
34 pursuant to subsection (9) of Section 1-3 of the Juvenile
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1 Court Act of 1987. Whenever a child is taken into temporary
2 custody pursuant to an investigation under the Abused and
3 Neglected Child Reporting Act, or pursuant to a referral and
4 acceptance under the Juvenile Court Act of 1987 of a minor in
5 limited custody, the Department, during the period of
6 temporary custody and before the child is brought before a
7 judicial officer as required by Section 2-9, 3-11, 4-8 or 5-9
8 of the Juvenile Court Act of 1987, shall have the authority,
9 responsibilities and duties that a legal custodian of the
10 child would have under subsection (9) of Section 1-3 of the
11 Juvenile Court Act of 1987.
12 The Department shall ensure that any child taken into
13 custody is scheduled for an appointment for a medical
14 examination.
15 A parent, guardian or custodian of a child in the
16 temporary custody of the Department who would have custody of
17 the child if he were not in the temporary custody of the
18 Department may deliver to the Department a signed request
19 that the Department surrender the temporary custody of the
20 child. The Department may retain temporary custody of the
21 child for 10 days after the receipt of the request, during
22 which period the Department may cause to be filed a petition
23 pursuant to the Juvenile Court Act of 1987. If a petition is
24 so filed, the Department shall retain temporary custody of
25 the child until the court orders otherwise. If a petition is
26 not filed within the 10 day period, the child shall be
27 surrendered to the custody of the requesting parent, guardian
28 or custodian not later than the expiration of the 10 day
29 period, at which time the authority and duties of the
30 Department with respect to the temporary custody of the child
31 shall terminate.
32 (n) The Department may place children under 18 years of
33 age in licensed child care facilities when in the opinion of
34 the Department, appropriate services aimed at family
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1 preservation have been unsuccessful or unavailable and such
2 placement would be for their best interest. Payment for
3 board, clothing, care, training and supervision of any child
4 placed in a licensed child care facility may be made by the
5 Department, by the parents or guardians of the estates of
6 those children, or by both the Department and the parents or
7 guardians, except that no payments shall be made by the
8 Department for any child placed in a licensed child care
9 facility for board, clothing, care, training and supervision
10 of such a child that exceed the average per capita cost of
11 maintaining and of caring for a child in institutions for
12 dependent or neglected children operated by the Department.
13 However, such restriction on payments does not apply in cases
14 where children require specialized care and treatment for
15 problems of severe emotional disturbance, physical
16 disability, social adjustment, or any combination thereof and
17 suitable facilities for the placement of such children are
18 not available at payment rates within the limitations set
19 forth in this Section. All reimbursements for services
20 delivered shall be absolutely inalienable by assignment,
21 sale, attachment, garnishment or otherwise.
22 (o) The Department shall establish an administrative
23 review and appeal process for children and families who
24 request or receive child welfare services from the
25 Department. Children who are wards of the Department and are
26 placed by private child welfare agencies, and foster families
27 with whom those children are placed, shall be afforded the
28 same procedural and appeal rights as children and families in
29 the case of placement by the Department, including the right
30 to an initial review of a private agency decision by that
31 agency. The Department shall insure that any private child
32 welfare agency, which accepts wards of the Department for
33 placement, affords those rights to children and foster
34 families. The Department shall accept for administrative
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1 review and an appeal hearing a complaint made by a child or
2 foster family concerning a decision following an initial
3 review by a private child welfare agency. An appeal of a
4 decision concerning a change in the placement of a child
5 shall be conducted in an expedited manner.
6 (p) There is hereby created the Department of Children
7 and Family Services Emergency Assistance Fund from which the
8 Department may provide special financial assistance to
9 families which are in economic crisis when such assistance is
10 not available through other public or private sources and the
11 assistance is deemed necessary to prevent dissolution of the
12 family unit or to reunite families which have been separated
13 due to child abuse and neglect. The Department shall
14 establish administrative rules specifying the criteria for
15 determining eligibility for and the amount and nature of
16 assistance to be provided. The Department may also enter
17 into written agreements with private and public social
18 service agencies to provide emergency financial services to
19 families referred by the Department. Special financial
20 assistance payments shall be available to a family no more
21 than once during each fiscal year and the total payments to a
22 family may not exceed $500 during a fiscal year.
23 (q) The Department may receive and use, in their
24 entirety, for the benefit of children any gift, donation or
25 bequest of money or other property which is received on
26 behalf of such children, or any financial benefits to which
27 such children are or may become entitled while under the
28 jurisdiction or care of the Department.
29 The Department shall set up and administer no-cost,
30 interest-bearing savings accounts in appropriate financial
31 institutions ("individual accounts") for children for whom
32 the Department is legally responsible and who have been
33 determined eligible for Veterans' Benefits, Social Security
34 benefits, assistance allotments from the armed forces, court
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1 ordered payments, parental voluntary payments, Supplemental
2 Security Income, Railroad Retirement payments, Black Lung
3 benefits, or other miscellaneous payments. Interest earned
4 by each individual account shall be credited to the account,
5 unless disbursed in accordance with this subsection.
6 In disbursing funds from children's individual accounts,
7 the Department shall:
8 (1) Establish standards in accordance with State
9 and federal laws for disbursing money from children's
10 individual accounts. In all circumstances, the
11 Department's "Guardianship Administrator" or his or her
12 designee must approve disbursements from children's
13 individual accounts. The Department shall be responsible
14 for keeping complete records of all disbursements for
15 each individual account for any purpose.
16 (2) Calculate on a monthly basis the amounts paid
17 from State funds for the child's board and care, medical
18 care not covered under Medicaid, and social services; and
19 utilize funds from the child's individual account, as
20 covered by regulation, to reimburse those costs.
21 Monthly, disbursements from all children's individual
22 accounts, up to 1/12 of $13,000,000, shall be deposited
23 by the Department into the General Revenue Fund and the
24 balance over 1/12 of $13,000,000 into the DCFS Children's
25 Services Fund.
26 (3) Maintain any balance remaining after
27 reimbursing for the child's costs of care, as specified
28 in item (2). The balance shall accumulate in accordance
29 with relevant State and federal laws and shall be
30 disbursed to the child or his or her guardian, or to the
31 issuing agency.
32 (r) The Department shall promulgate regulations
33 encouraging all adoption agencies to voluntarily forward to
34 the Department or its agent names and addresses of all
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1 persons who have applied for and have been approved for
2 adoption of a hard-to-place or handicapped child and the
3 names of such children who have not been placed for adoption.
4 A list of such names and addresses shall be maintained by the
5 Department or its agent, and coded lists which maintain the
6 confidentiality of the person seeking to adopt the child and
7 of the child shall be made available, without charge, to
8 every adoption agency in the State to assist the agencies in
9 placing such children for adoption. The Department may
10 delegate to an agent its duty to maintain and make available
11 such lists. The Department shall ensure that such agent
12 maintains the confidentiality of the person seeking to adopt
13 the child and of the child.
14 (s) The Department of Children and Family Services may
15 establish and implement a program to reimburse Department and
16 private child welfare agency foster parents licensed by the
17 Department of Children and Family Services for damages
18 sustained by the foster parents as a result of the malicious
19 or negligent acts of foster children, as well as providing
20 third party coverage for such foster parents with regard to
21 actions of foster children to other individuals. Such
22 coverage will be secondary to the foster parent liability
23 insurance policy, if applicable. The program shall be funded
24 through appropriations from the General Revenue Fund,
25 specifically designated for such purposes.
26 (t) The Department shall perform home studies and
27 investigations and shall exercise supervision over visitation
28 as ordered by a court pursuant to the Illinois Marriage and
29 Dissolution of Marriage Act or the Adoption Act only if:
30 (1) an order entered by an Illinois court
31 specifically directs the Department to perform such
32 services; and
33 (2) the court has ordered one or both of the
34 parties to the proceeding to reimburse the Department for
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1 its reasonable costs for providing such services in
2 accordance with Department rules, or has determined that
3 neither party is financially able to pay.
4 The Department shall provide written notification to the
5 court of the specific arrangements for supervised visitation
6 and projected monthly costs within 60 days of the court
7 order. The Department shall send to the court information
8 related to the costs incurred except in cases where the court
9 has determined the parties are financially unable to pay. The
10 court may order additional periodic reports as appropriate.
11 (u) Whenever the Department places a child in a licensed
12 foster home, group home, child care institution, or in a
13 relative home, the Department shall provide to the caretaker:
14 (1) available detailed information concerning the
15 child's educational and health history, copies of
16 immunization records (including insurance and medical
17 card information), a history of the child's previous
18 placements, if any, and reasons for placement changes
19 excluding any information that identifies or reveals the
20 location of any previous caretaker;
21 (2) a copy of the child's portion of the client
22 service plan, including any visitation arrangement, and
23 all amendments or revisions to it as related to the
24 child; and
25 (3) information containing details of the child's
26 individualized educational plan when the child is
27 receiving special education services.
28 The caretaker shall be informed of any known social or
29 behavioral information (including, but not limited to, fire
30 setting, perpetuation of sexual abuse, destructive behavior,
31 and substance abuse) necessary to care for and safeguard the
32 child.
33 (u-5) Effective July 1, 1995, only foster care
34 placements licensed as foster family homes pursuant to the
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1 Child Care Act of 1969 shall be eligible to receive foster
2 care payments from the Department. Relative caregivers who,
3 as of July 1, 1995, were approved pursuant to approved
4 relative placement rules previously promulgated by the
5 Department at 89 Ill. Adm. Code 335 and had submitted an
6 application for licensure as a foster family home may
7 continue to receive foster care payments only until the
8 Department determines that they may be licensed as a foster
9 family home or that their application for licensure is denied
10 or until September 30, 1995, whichever occurs first.
11 (v) The Department shall access criminal history record
12 information as defined in the Illinois Uniform Conviction
13 Information Act and information maintained in the
14 adjudicatory and dispositional record system as defined in
15 subdivision (A)19 of Section 55a of the Civil Administrative
16 Code of Illinois if the Department determines the information
17 is necessary to perform its duties under the Abused and
18 Neglected Child Reporting Act, the Child Care Act of 1969,
19 and the Children and Family Services Act. The Department
20 shall provide for interactive computerized communication and
21 processing equipment that permits direct on-line
22 communication with the Department of State Police's central
23 criminal history data repository. The Department shall
24 comply with all certification requirements and provide
25 certified operators who have been trained by personnel from
26 the Department of State Police. In addition, one Office of
27 the Inspector General investigator shall have training in the
28 use of the criminal history information access system and
29 have access to the terminal. The Department of Children and
30 Family Services and its employees shall abide by rules and
31 regulations established by the Department of State Police
32 relating to the access and dissemination of this information.
33 (w) Within 120 days of August 20, 1995 (the effective
34 date of Public Act 89-392), the Department shall prepare and
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1 submit to the Governor and the General Assembly, a written
2 plan for the development of in-state licensed secure child
3 care facilities that care for children who are in need of
4 secure living arrangements for their health, safety, and
5 well-being. For purposes of this subsection, secure care
6 facility shall mean a facility that is designed and operated
7 to ensure that all entrances and exits from the facility, a
8 building or a distinct part of the building, are under the
9 exclusive control of the staff of the facility, whether or
10 not the child has the freedom of movement within the
11 perimeter of the facility, building, or distinct part of the
12 building. The plan shall include descriptions of the types
13 of facilities that are needed in Illinois; the cost of
14 developing these secure care facilities; the estimated number
15 of placements; the potential cost savings resulting from the
16 movement of children currently out-of-state who are projected
17 to be returned to Illinois; the necessary geographic
18 distribution of these facilities in Illinois; and a proposed
19 timetable for development of such facilities.
20 (Source: P.A. 88-380; 88-398; 88-487; 88-614, eff. 9-7-94;
21 88-670, eff. 12-2-94; 89-21, eff. 6-6-95; 89-392, eff.
22 8-20-95; 89-626, eff. 8-9-96.)
23 (Text of Section after amendment by P.A. 89-507)
24 Sec. 5. Direct child welfare services; Department of
25 Children and Family Services. To provide direct child welfare
26 services when not available through other public or private
27 child care or program facilities.
28 (a) For purposes of this Section:
29 (1) "Children" means persons found within the State
30 who are under the age of 18 years. The term also
31 includes persons under age 19 who:
32 (A) were committed to the Department pursuant
33 to the Juvenile Court Act or the Juvenile Court Act
34 of 1987, as amended, prior to the age of 18 and who
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1 continue under the jurisdiction of the court; or
2 (B) were accepted for care, service and
3 training by the Department prior to the age of 18
4 and whose best interest in the discretion of the
5 Department would be served by continuing that care,
6 service and training because of severe emotional
7 disturbances, physical disability, social adjustment
8 or any combination thereof, or because of the need
9 to complete an educational or vocational training
10 program.
11 (2) "Homeless youth" means persons found within the
12 State who are under the age of 19, are not in a safe and
13 stable living situation and cannot be reunited with their
14 families.
15 (3) "Child welfare services" means public social
16 services which are directed toward the accomplishment of
17 the following purposes:
18 (A) protecting and promoting the welfare of
19 children, including homeless, dependent or neglected
20 children;
21 (B) remedying, or assisting in the solution of
22 problems which may result in, the neglect, abuse,
23 exploitation or delinquency of children;
24 (C) preventing the unnecessary separation of
25 children from their families by identifying family
26 problems, assisting families in resolving their
27 problems, and preventing the breakup of the family
28 where the prevention of child removal is desirable
29 and possible;
30 (D) restoring to their families children who
31 have been removed, by the provision of services to
32 the child and the families;
33 (E) placing children in suitable adoptive
34 homes, in cases where restoration to the biological
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1 family is not possible or appropriate;
2 (F) assuring adequate care of children away
3 from their homes, in cases where the child cannot be
4 returned home or cannot be placed for adoption;
5 (G) (blank);
6 (H) (blank); and
7 (I) placing and maintaining children in
8 facilities that provide separate living quarters for
9 children under the age of 18 and for children 18
10 years of age and older, unless a child 18 years of
11 age is in the last year of high school education or
12 vocational training, in an approved individual or
13 group treatment program, or in a licensed shelter
14 facility. The Department is not required to place
15 or maintain children:
16 (i) who are in a foster home, or
17 (ii) who are persons with a developmental
18 disability, as defined in the Mental Health and
19 Developmental Disabilities Code, or
20 (iii) who are female children who are
21 pregnant, pregnant and parenting or parenting,
22 or
23 (iv) who are siblings,
24 in facilities that provide separate living quarters
25 for children 18 years of age and older and for
26 children under 18 years of age.
27 (b) Nothing in this Section shall be construed to
28 authorize the expenditure of public funds for the purpose of
29 performing abortions.
30 (c) The Department shall establish and maintain
31 tax-supported child welfare services and extend and seek to
32 improve voluntary services throughout the State, to the end
33 that services and care shall be available on an equal basis
34 throughout the State to children requiring such services.
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1 (d) The Director may authorize advance disbursements for
2 any new program initiative to any agency contracting with the
3 Department. As a prerequisite for an advance disbursement,
4 the contractor must post a surety bond in the amount of the
5 advance disbursement and have a purchase of service contract
6 approved by the Department. The Department may pay up to 2
7 months operational expenses in advance. The amount of the
8 advance disbursement shall be prorated over the life of the
9 contract or the remaining months of the fiscal year,
10 whichever is less, and the installment amount shall then be
11 deducted from future bills. Advance disbursement
12 authorizations for new initiatives shall not be made to any
13 agency after that agency has operated during 2 consecutive
14 fiscal years. The requirements of this Section concerning
15 advance disbursements shall not apply with respect to the
16 following: payments to local public agencies for child day
17 care services as authorized by Section 5a of this Act; and
18 youth service programs receiving grant funds under Section
19 17a-4.
20 (e) (Blank).
21 (f) (Blank).
22 (g) The Department shall establish rules and regulations
23 concerning its operation of programs designed to meet the
24 goals of child protection, family preservation, family
25 reunification, and adoption, including but not limited to:
26 (1) adoption;
27 (2) foster care;
28 (3) family counseling;
29 (4) protective services;
30 (5) (blank);
31 (6) homemaker service;
32 (7) return of runaway children;
33 (8) (blank);
34 (9) placement under Section 5-7 of the Juvenile
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1 Court Act or Section 2-27, 3-28, 4-25 or 5-29 of the
2 Juvenile Court Act of 1987 in accordance with the federal
3 Adoption Assistance and Child Welfare Act of 1980; and
4 (10) interstate services.
5 Rules and regulations established by the Department shall
6 include provisions for training Department staff and the
7 staff of Department grantees, through contracts with other
8 agencies or resources, in alcohol and drug abuse screening
9 techniques to identify children and adults who should be
10 referred to an alcohol and drug abuse treatment program for
11 professional evaluation.
12 (h) If the Department finds that there is no appropriate
13 program or facility within or available to the Department for
14 a ward and that no licensed private facility has an adequate
15 and appropriate program or none agrees to accept the ward,
16 the Department shall create an appropriate individualized,
17 program-oriented plan for such ward. The plan may be
18 developed within the Department or through purchase of
19 services by the Department to the extent that it is within
20 its statutory authority to do.
21 (i) Service programs shall be available throughout the
22 State and shall include but not be limited to the following
23 services:
24 (1) case management;
25 (2) homemakers;
26 (3) counseling;
27 (4) parent education;
28 (5) day care; and
29 (6) emergency assistance and advocacy.
30 In addition, the following services may be made available
31 to assess and meet the needs of children and families:
32 (1) comprehensive family-based services;
33 (2) assessments;
34 (3) respite care; and
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1 (4) in-home health services.
2 The Department shall provide transportation for any of
3 the services it makes available to children or families or
4 for which it refers children or families.
5 (j) The Department may provide financial assistance, and
6 shall establish rules and regulations concerning such
7 assistance, to persons who adopt physically or mentally
8 handicapped, older and other hard-to-place children who
9 immediately prior to their adoption were legal wards of the
10 Department. The Department may also provide financial
11 assistance, and shall establish rules and regulations for
12 such assistance, to persons appointed guardian of the person
13 under Section 5-7 of the Juvenile Court Act or Section 2-27,
14 3-28, 4-25 or 5-29 of the Juvenile Court Act of 1987 for
15 children who were wards of the Department for 12 months
16 immediately prior to the appointment of the successor
17 guardian and for whom the Department has set a goal of
18 permanent family placement with a foster family.
19 The amount of assistance may vary, depending upon the
20 needs of the child and the adoptive parents, but must be at
21 least $25 less than the monthly cost of care of the child in
22 a foster home, as set forth in the annual assistance
23 agreement. Special purpose grants are allowed where the
24 child requires special service but such costs may not exceed
25 the amounts which similar services would cost the Department
26 if it were to provide or secure them as guardian of the
27 child.
28 Any financial assistance provided under this subsection
29 is inalienable by assignment, sale, execution, attachment,
30 garnishment, or any other remedy for recovery or collection
31 of a judgment or debt.
32 (k) The Department shall accept for care and training
33 any child who has been adjudicated neglected or abused, or
34 dependent committed to it pursuant to the Juvenile Court Act
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1 or the Juvenile Court Act of 1987.
2 (l) Before July 1, 2000, the Department may provide, and
3 beginning July 1, 2000, the Department shall provide, family
4 preservation services, as determined to be appropriate and in
5 the child's best interests and when the child will not be in
6 imminent risk of harm, to any family whose child has been
7 placed in substitute care, any persons who have adopted a
8 child and require post-adoption services, or any persons
9 whose child or children are at risk of being placed outside
10 their home as documented by an "indicated" report of
11 suspected child abuse or neglect determined pursuant to the
12 Abused and Neglected Child Reporting Act. Nothing in this
13 paragraph shall be construed to create a private right of
14 action or claim on the part of any individual or child
15 welfare agency.
16 The Department shall notify the child and his family of
17 the Department's responsibility to offer and provide family
18 preservation services as identified in the service plan. The
19 child and his family shall be eligible for services as soon
20 as the report is determined to be "indicated". The
21 Department may offer services to any child or family with
22 respect to whom a report of suspected child abuse or neglect
23 has been filed, prior to concluding its investigation under
24 Section 7.12 of the Abused and Neglected Child Reporting Act.
25 However, the child's or family's willingness to accept
26 services shall not be considered in the investigation. The
27 Department may also provide services to any child or family
28 who is the subject of any report of suspected child abuse or
29 neglect or may refer such child or family to services
30 available from other agencies in the community, even if the
31 report is determined to be unfounded, if the conditions in
32 the child's or family's home are reasonably likely to subject
33 the child or family to future reports of suspected child
34 abuse or neglect. Acceptance of such services shall be
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1 voluntary.
2 The Department may, at its discretion except for those
3 children also adjudicated neglected or dependent, accept for
4 care and training any child who has been adjudicated
5 addicted, as a truant minor in need of supervision or as a
6 minor requiring authoritative intervention, under the
7 Juvenile Court Act or the Juvenile Court Act of 1987, but no
8 such child shall be committed to the Department by any court
9 without the approval of the Department. A minor charged with
10 a criminal offense under the Criminal Code of 1961 or
11 adjudicated delinquent shall not be placed in the custody of
12 or committed to the Department by any court, except a minor
13 less than 13 years of age committed to the Department under
14 Section 5-23 of the Juvenile Court Act of 1987.
15 (m) The Department may assume temporary custody of any
16 child if:
17 (1) it has received a written consent to such
18 temporary custody signed by the parents of the child or
19 by the parent having custody of the child if the parents
20 are not living together or by the guardian or custodian
21 of the child if the child is not in the custody of either
22 parent, or
23 (2) the child is found in the State and neither a
24 parent, guardian nor custodian of the child can be
25 located.
26 If the child is found in his or her residence without a
27 parent, guardian, custodian or responsible caretaker, the
28 Department may, instead of removing the child and assuming
29 temporary custody, place an authorized representative of the
30 Department in that residence until such time as a parent,
31 guardian or custodian enters the home and expresses a
32 willingness and apparent ability to resume permanent charge
33 of the child, or until a relative enters the home and is
34 willing and able to assume charge of the child until a
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1 parent, guardian or custodian enters the home and expresses
2 such willingness and ability to resume permanent charge.
3 After a caretaker has remained in the home for a period not
4 to exceed 12 hours, the Department must follow those
5 procedures outlined in Section 2-9, 3-11, 4-8 or 5-9 of the
6 Juvenile Court Act of 1987.
7 The Department shall have the authority, responsibilities
8 and duties that a legal custodian of the child would have
9 pursuant to subsection (9) of Section 1-3 of the Juvenile
10 Court Act of 1987. Whenever a child is taken into temporary
11 custody pursuant to an investigation under the Abused and
12 Neglected Child Reporting Act, or pursuant to a referral and
13 acceptance under the Juvenile Court Act of 1987 of a minor in
14 limited custody, the Department, during the period of
15 temporary custody and before the child is brought before a
16 judicial officer as required by Section 2-9, 3-11, 4-8 or 5-9
17 of the Juvenile Court Act of 1987, shall have the authority,
18 responsibilities and duties that a legal custodian of the
19 child would have under subsection (9) of Section 1-3 of the
20 Juvenile Court Act of 1987.
21 The Department shall ensure that any child taken into
22 custody is scheduled for an appointment for a medical
23 examination.
24 A parent, guardian or custodian of a child in the
25 temporary custody of the Department who would have custody of
26 the child if he were not in the temporary custody of the
27 Department may deliver to the Department a signed request
28 that the Department surrender the temporary custody of the
29 child. The Department may retain temporary custody of the
30 child for 10 days after the receipt of the request, during
31 which period the Department may cause to be filed a petition
32 pursuant to the Juvenile Court Act of 1987. If a petition is
33 so filed, the Department shall retain temporary custody of
34 the child until the court orders otherwise. If a petition is
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1 not filed within the 10 day period, the child shall be
2 surrendered to the custody of the requesting parent, guardian
3 or custodian not later than the expiration of the 10 day
4 period, at which time the authority and duties of the
5 Department with respect to the temporary custody of the child
6 shall terminate.
7 (n) The Department may place children under 18 years of
8 age in licensed child care facilities when in the opinion of
9 the Department, appropriate services aimed at family
10 preservation have been unsuccessful or unavailable and such
11 placement would be for their best interest. Payment for
12 board, clothing, care, training and supervision of any child
13 placed in a licensed child care facility may be made by the
14 Department, by the parents or guardians of the estates of
15 those children, or by both the Department and the parents or
16 guardians, except that no payments shall be made by the
17 Department for any child placed in a licensed child care
18 facility for board, clothing, care, training and supervision
19 of such a child that exceed the average per capita cost of
20 maintaining and of caring for a child in institutions for
21 dependent or neglected children operated by the Department.
22 However, such restriction on payments does not apply in cases
23 where children require specialized care and treatment for
24 problems of severe emotional disturbance, physical
25 disability, social adjustment, or any combination thereof and
26 suitable facilities for the placement of such children are
27 not available at payment rates within the limitations set
28 forth in this Section. All reimbursements for services
29 delivered shall be absolutely inalienable by assignment,
30 sale, attachment, garnishment or otherwise.
31 (o) The Department shall establish an administrative
32 review and appeal process for children and families who
33 request or receive child welfare services from the
34 Department. Children who are wards of the Department and are
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1 placed by private child welfare agencies, and foster families
2 with whom those children are placed, shall be afforded the
3 same procedural and appeal rights as children and families in
4 the case of placement by the Department, including the right
5 to an initial review of a private agency decision by that
6 agency. The Department shall insure that any private child
7 welfare agency, which accepts wards of the Department for
8 placement, affords those rights to children and foster
9 families. The Department shall accept for administrative
10 review and an appeal hearing a complaint made by a child or
11 foster family concerning a decision following an initial
12 review by a private child welfare agency. An appeal of a
13 decision concerning a change in the placement of a child
14 shall be conducted in an expedited manner.
15 (p) There is hereby created the Department of Children
16 and Family Services Emergency Assistance Fund from which the
17 Department may provide special financial assistance to
18 families which are in economic crisis when such assistance is
19 not available through other public or private sources and the
20 assistance is deemed necessary to prevent dissolution of the
21 family unit or to reunite families which have been separated
22 due to child abuse and neglect. The Department shall
23 establish administrative rules specifying the criteria for
24 determining eligibility for and the amount and nature of
25 assistance to be provided. The Department may also enter
26 into written agreements with private and public social
27 service agencies to provide emergency financial services to
28 families referred by the Department. Special financial
29 assistance payments shall be available to a family no more
30 than once during each fiscal year and the total payments to a
31 family may not exceed $500 during a fiscal year.
32 (q) The Department may receive and use, in their
33 entirety, for the benefit of children any gift, donation or
34 bequest of money or other property which is received on
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1 behalf of such children, or any financial benefits to which
2 such children are or may become entitled while under the
3 jurisdiction or care of the Department.
4 The Department shall set up and administer no-cost,
5 interest-bearing savings accounts in appropriate financial
6 institutions ("individual accounts") for children for whom
7 the Department is legally responsible and who have been
8 determined eligible for Veterans' Benefits, Social Security
9 benefits, assistance allotments from the armed forces, court
10 ordered payments, parental voluntary payments, Supplemental
11 Security Income, Railroad Retirement payments, Black Lung
12 benefits, or other miscellaneous payments. Interest earned
13 by each individual account shall be credited to the account,
14 unless disbursed in accordance with this subsection.
15 In disbursing funds from children's individual accounts,
16 the Department shall:
17 (1) Establish standards in accordance with State
18 and federal laws for disbursing money from children's
19 individual accounts. In all circumstances, the
20 Department's "Guardianship Administrator" or his or her
21 designee must approve disbursements from children's
22 individual accounts. The Department shall be responsible
23 for keeping complete records of all disbursements for
24 each individual account for any purpose.
25 (2) Calculate on a monthly basis the amounts paid
26 from State funds for the child's board and care, medical
27 care not covered under Medicaid, and social services; and
28 utilize funds from the child's individual account, as
29 covered by regulation, to reimburse those costs.
30 Monthly, disbursements from all children's individual
31 accounts, up to 1/12 of $13,000,000, shall be deposited
32 by the Department into the General Revenue Fund and the
33 balance over 1/12 of $13,000,000 into the DCFS Children's
34 Services Fund.
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1 (3) Maintain any balance remaining after
2 reimbursing for the child's costs of care, as specified
3 in item (2). The balance shall accumulate in accordance
4 with relevant State and federal laws and shall be
5 disbursed to the child or his or her guardian, or to the
6 issuing agency.
7 (r) The Department shall promulgate regulations
8 encouraging all adoption agencies to voluntarily forward to
9 the Department or its agent names and addresses of all
10 persons who have applied for and have been approved for
11 adoption of a hard-to-place or handicapped child and the
12 names of such children who have not been placed for adoption.
13 A list of such names and addresses shall be maintained by the
14 Department or its agent, and coded lists which maintain the
15 confidentiality of the person seeking to adopt the child and
16 of the child shall be made available, without charge, to
17 every adoption agency in the State to assist the agencies in
18 placing such children for adoption. The Department may
19 delegate to an agent its duty to maintain and make available
20 such lists. The Department shall ensure that such agent
21 maintains the confidentiality of the person seeking to adopt
22 the child and of the child.
23 (s) The Department of Children and Family Services may
24 establish and implement a program to reimburse Department and
25 private child welfare agency foster parents licensed by the
26 Department of Children and Family Services for damages
27 sustained by the foster parents as a result of the malicious
28 or negligent acts of foster children, as well as providing
29 third party coverage for such foster parents with regard to
30 actions of foster children to other individuals. Such
31 coverage will be secondary to the foster parent liability
32 insurance policy, if applicable. The program shall be funded
33 through appropriations from the General Revenue Fund,
34 specifically designated for such purposes.
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1 (t) The Department shall perform home studies and
2 investigations and shall exercise supervision over visitation
3 as ordered by a court pursuant to the Illinois Marriage and
4 Dissolution of Marriage Act or the Adoption Act only if:
5 (1) an order entered by an Illinois court
6 specifically directs the Department to perform such
7 services; and
8 (2) the court has ordered one or both of the
9 parties to the proceeding to reimburse the Department for
10 its reasonable costs for providing such services in
11 accordance with Department rules, or has determined that
12 neither party is financially able to pay.
13 The Department shall provide written notification to the
14 court of the specific arrangements for supervised visitation
15 and projected monthly costs within 60 days of the court
16 order. The Department shall send to the court information
17 related to the costs incurred except in cases where the court
18 has determined the parties are financially unable to pay. The
19 court may order additional periodic reports as appropriate.
20 (u) Whenever the Department places a child in a licensed
21 foster home, group home, child care institution, or in a
22 relative home, the Department shall provide to the caretaker:
23 (1) available detailed information concerning the
24 child's educational and health history, the child's birth
25 certificate and social security number, copies of
26 immunization records (including insurance and medical
27 card information), a history of the child's previous
28 placements, if any, and reasons for placement changes
29 excluding any information that identifies or reveals the
30 location of any previous caretaker;
31 (2) a copy of the child's portion of the client
32 service plan, including any visitation arrangement, and
33 all amendments or revisions to it as related to the
34 child; and
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1 (3) information containing details of the child's
2 individualized educational plan when the child is
3 receiving special education services; and
4 (4) any other documentation the caretaker may need
5 to effectuate the purpose of the placement.
6 The caretaker shall be informed of any known social or
7 behavioral information (including, but not limited to, fire
8 setting, perpetuation of sexual abuse, destructive behavior,
9 and substance abuse) necessary to care for and safeguard the
10 child. If the placement is an emergency placement, the
11 documentation shall be provided within 8 working days after
12 the placement.
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 Section 10. The Illinois School Student Records Act is
4 amended by changing Section 8.1 as follows:
5 (105 ILCS 10/8.1) (from Ch. 122, par. 50-8.1)
6 Sec. 8.1. Presentation of school record.
7 (a) No school may refuse to admit or enroll a student
8 because of that student's failure to present the his student
9 permanent or temporary record from a school previously
10 attended.
11 (b) When a new student applies for admission to a school
12 and does not present the his school student record, the such
13 school may notify the school or school district last attended
14 by the such student, requesting that the student's school
15 student record be copied and sent to it; the such request
16 shall be honored within 10 days after it is received. When
17 the Department of Children and Family Services places a child
18 in a foster home or institution, a representative of the
19 Department shall notify the school where the child has been
20 enrolled and request the school to send the educational
21 records to the school in which the child is to be enrolled.
22 Within 5 working 10 days after receiving a request from the
23 Department of Children and Family Services, the school
24 district last attended by the student shall send the
25 student's school student record to the receiving school
26 district. The sending school shall notify the Department
27 representative of the date that the records were sent.
28 (c) In the case of a transfer between school districts
29 of a student who is eligible for special education and
30 related services, when the parent or guardian of the student
31 presents a copy of the student's then current individualized
32 education program (IEP) to the new school, the student shall
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1 be placed in a special education program in accordance with
2 that described in the student's IEP.
3 (Source: P.A. 87-372.)
4 Section 95. No acceleration or delay. Where this Act
5 makes changes in a statute that is represented in this Act by
6 text that is not yet or no longer in effect (for example, a
7 Section represented by multiple versions), the use of that
8 text does not accelerate or delay the taking effect of (i)
9 the changes made by this Act or (ii) provisions derived from
10 any other Public Act.