State of Illinois
92nd General Assembly
Legislation

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92_SB0304

 
                                               LRB9206259ARsb

 1        AN ACT concerning children.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The  Children  and  Family  Services  Act  is
 5    amended by changing Section 5 as follows:

 6        (20 ILCS 505/5) (from Ch. 23, par. 5005)
 7        Sec.  5.  Direct  child  welfare  services; Department of
 8    Children  and  Family  Services.   To  provide  direct  child
 9    welfare services when not available through other  public  or
10    private child care or 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.
 
                            -2-                LRB9206259ARsb
 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  health,
 5             safety and welfare of children, including  homeless,
 6             dependent or neglected children;
 7                  (B)  remedying, or assisting in the solution of
 8             problems  which  may  result in, the neglect, abuse,
 9             exploitation or delinquency of children;
10                  (C)  preventing the unnecessary  separation  of
11             children  from  their families by identifying family
12             problems,  assisting  families  in  resolving  their
13             problems, and preventing the breakup of  the  family
14             where  the  prevention of child removal is desirable
15             and possible when the child can be cared for at home
16             without endangering the child's health and safety;
17                  (D)  restoring to their families  children  who
18             have  been  removed, by the provision of services to
19             the child and the families when  the  child  can  be
20             cared  for  at  home without endangering the child's
21             health and safety;
22                  (E)  placing  children  in  suitable   adoptive
23             homes,  in cases where restoration to the biological
24             family is not safe, possible or appropriate;
25                  (F)  assuring  safe  and   adequate   care   of
26             children  away  from their homes, in cases where the
27             child cannot be returned home or  cannot  be  placed
28             for   adoption.   At  the  time  of  placement,  the
29             Department shall consider  concurrent  planning,  as
30             described  in  subsection  (l-1)  of this Section so
31             that  permanency   may   occur   at   the   earliest
32             opportunity.   Consideration should be given so that
33             if reunification fails or is delayed, the  placement
34             made  is  the  best  available  placement to provide
 
                            -3-                LRB9206259ARsb
 1             permanency for the child;
 2                  (G)  (blank);
 3                  (H)  (blank); and
 4                  (I)  placing  and   maintaining   children   in
 5             facilities that provide separate living quarters for
 6             children  under  the  age  of 18 and for children 18
 7             years of age and older, unless a child 18  years  of
 8             age  is in the last year of high school education or
 9             vocational training, in an  approved  individual  or
10             group  treatment  program,  in  a  licensed  shelter
11             facility,   or   secure  child  care  facility.  The
12             Department is not  required  to  place  or  maintain
13             children:
14                       (i)  who are in a foster home, or
15                       (ii)  who are persons with a developmental
16                  disability, as defined in the Mental Health and
17                  Developmental Disabilities Code, or
18                       (iii)  who  are  female  children  who are
19                  pregnant, pregnant and parenting or  parenting,
20                  or
21                       (iv)  who are siblings,
22             in  facilities that provide separate living quarters
23             for children 18 years  of  age  and  older  and  for
24             children under 18 years of age.
25        (b)  Nothing  in  this  Section  shall  be  construed  to
26    authorize  the expenditure of public funds for the purpose of
27    performing abortions.
28        (c)  The  Department   shall   establish   and   maintain
29    tax-supported  child  welfare services and extend and seek to
30    improve voluntary services throughout the State, to  the  end
31    that  services  and care shall be available on an equal basis
32    throughout the State to children requiring such services.
33        (d)  The Director may authorize advance disbursements for
34    any new program initiative to any agency contracting with the
 
                            -4-                LRB9206259ARsb
 1    Department.   As a prerequisite for an advance  disbursement,
 2    the contractor must post a surety bond in the amount  of  the
 3    advance  disbursement and have a purchase of service contract
 4    approved by the Department.  The Department may pay up  to  2
 5    months  operational  expenses  in advance.  The amount of the
 6    advance disbursement shall be prorated over the life  of  the
 7    contract   or  the  remaining  months  of  the  fiscal  year,
 8    whichever is less, and the installment amount shall  then  be
 9    deducted    from    future   bills.    Advance   disbursement
10    authorizations for new initiatives shall not be made  to  any
11    agency  after  that  agency has operated during 2 consecutive
12    fiscal years. The requirements  of  this  Section  concerning
13    advance  disbursements  shall  not  apply with respect to the
14    following:  payments to local public agencies for  child  day
15    care  services  as  authorized by Section 5a of this Act; and
16    youth service programs receiving grant  funds  under  Section
17    17a-4.
18        (e)  (Blank).
19        (f)  (Blank).
20        (g)  The Department shall establish rules and regulations
21    concerning  its  operation  of  programs designed to meet the
22    goals of child safety and  protection,  family  preservation,
23    family reunification, and adoption, including but not limited
24    to:
25             (1)  adoption;
26             (2)  foster care;
27             (3)  family counseling;
28             (4)  protective services;
29             (5)  (blank);
30             (6)  homemaker service;
31             (7)  return of runaway children;
32             (8)  (blank);
33             (9)  placement  under  Section  5-7  of the Juvenile
34        Court Act or Section 2-27, 3-28, 4-25  or  5-740  of  the
 
                            -5-                LRB9206259ARsb
 1        Juvenile Court Act of 1987 in accordance with the federal
 2        Adoption Assistance and Child Welfare Act of 1980; and
 3             (10)  interstate services.
 4        Rules and regulations established by the Department shall
 5    include  provisions  for  training  Department  staff and the
 6    staff of Department grantees, through  contracts  with  other
 7    agencies  or  resources,  in alcohol and drug abuse screening
 8    techniques approved by the Department of Human Services, as a
 9    successor to  the  Department  of  Alcoholism  and  Substance
10    Abuse, for the purpose of identifying children and adults who
11    should  be  referred  to  an alcohol and drug abuse treatment
12    program for professional evaluation.
13        (h)  If the Department finds that there is no appropriate
14    program or facility within or available to the Department for
15    a ward and that no licensed private facility has an  adequate
16    and  appropriate  program  or none agrees to accept the ward,
17    the Department shall create  an  appropriate  individualized,
18    program-oriented  plan  for  such  ward.   The  plan  may  be
19    developed  within  the  Department  or  through  purchase  of
20    services  by  the  Department to the extent that it is within
21    its statutory authority to do.
22        (i)  Service programs shall be available  throughout  the
23    State  and  shall include but not be limited to the following
24    services:
25             (1)  case management;
26             (2)  homemakers;
27             (3)  counseling;
28             (4)  parent education;
29             (5)  day care; and
30             (6)  emergency assistance and advocacy.
31        In addition, the following services may be made available
32    to assess and meet the needs of children and families:
33             (1)  comprehensive family-based services;
34             (2)  assessments;
 
                            -6-                LRB9206259ARsb
 1             (3)  respite care; and
 2             (4)  in-home health services.
 3        The Department shall provide transportation  for  any  of
 4    the  services  it  makes available to children or families or
 5    for which it refers children or families.
 6        (j)  The Department may provide categories  of  financial
 7    assistance   and   education  assistance  grants,  and  shall
 8    establish rules and regulations concerning the assistance and
 9    grants,  to  persons  who  adopt   physically   or   mentally
10    handicapped,  older  and other hard-to-place children who (i)
11    immediately prior to their adoption were legal wards  of  the
12    Department  or  (ii)  were  determined eligible for financial
13    assistance with respect to a prior adoption  and  who  become
14    available  for  adoption  because the prior adoption has been
15    dissolved and the parental rights  of  the  adoptive  parents
16    have  been terminated or because the child's adoptive parents
17    have died. The Department  may  also  provide  categories  of
18    financial  assistance  and  education  assistance grants, and
19    shall establish rules and regulations for the assistance  and
20    grants,  to  persons  appointed  guardian of the person under
21    Section 5-7 of the Juvenile Court Act or Section 2-27,  3-28,
22    4-25  or 5-740 of the Juvenile Court Act of 1987 for children
23    who were wards of the Department for  12  months  immediately
24    prior to the appointment of the guardian.
25        The  amount  of  assistance  may vary, depending upon the
26    needs of the child and the adoptive parents, as set forth  in
27    the  annual assistance agreement.  Special purpose grants are
28    allowed where the child requires  special  service  but  such
29    costs may not exceed the amounts which similar services would
30    cost  the  Department if it were to provide or secure them as
31    guardian of the child.
32        Any financial assistance provided under  this  subsection
33    is  inalienable  by  assignment, sale, execution, attachment,
34    garnishment, or any other remedy for recovery  or  collection
 
                            -7-                LRB9206259ARsb
 1    of a judgment or debt.
 2        (j-5)  The   Department  shall  not  deny  or  delay  the
 3    placement of a child for adoption if an  approved  family  is
 4    available  either  outside  of the Department region handling
 5    the case, or outside of the State of Illinois.
 6        (k)  The Department shall accept for  care  and  training
 7    any  child  who  has been adjudicated neglected or abused, or
 8    dependent committed to it pursuant to the Juvenile Court  Act
 9    or the Juvenile Court Act of 1987.
10        (l)  Before July 1, 2000, the Department may provide, and
11    beginning  July  1,  2000,  the Department shall offer family
12    preservation services, as  defined  in  Section  8.2  of  the
13    Abused  and  Neglected Child Reporting Act, to help families,
14    including adoptive and extended families. Family preservation
15    services shall be offered (i) to  prevent  the  placement  of
16    children  in  substitute  care when the children can be cared
17    for at home or in the custody of the person  responsible  for
18    the  children's  welfare, (ii) to reunite children with their
19    families, or (iii) to maintain an adoptive placement.  Family
20    preservation services shall only be  offered  when  doing  so
21    will  not  endanger  the  children's  health or safety.  With
22    respect to children who are in substitute  care  pursuant  to
23    the  Juvenile Court Act of 1987, family preservation services
24    shall  not  be  offered  if  a  goal  other  than  those   of
25    subdivisions  (A), (B), or (B-1) of subsection (2) of Section
26    2-28 of that Act has been  set.  Nothing  in  this  paragraph
27    shall  be  construed  to  create a private right of action or
28    claim on the part of any individual or child welfare agency.
29        The Department shall notify the child and his  family  of
30    the  Department's  responsibility to offer and provide family
31    preservation services as identified in the service plan.  The
32    child and his family shall be eligible for services  as  soon
33    as   the   report  is  determined  to  be  "indicated".   The
34    Department may offer services to any  child  or  family  with
 
                            -8-                LRB9206259ARsb
 1    respect  to whom a report of suspected child abuse or neglect
 2    has been filed, prior to concluding its  investigation  under
 3    Section 7.12 of the Abused and Neglected Child Reporting Act.
 4    However,  the  child's  or  family's  willingness  to  accept
 5    services  shall  not be considered in the investigation.  The
 6    Department may also provide services to any child  or  family
 7    who  is the subject of any report of suspected child abuse or
 8    neglect or  may  refer  such  child  or  family  to  services
 9    available  from  other agencies in the community, even if the
10    report is determined to be unfounded, if  the  conditions  in
11    the child's or family's home are reasonably likely to subject
12    the  child  or  family  to  future reports of suspected child
13    abuse or neglect.   Acceptance  of  such  services  shall  be
14    voluntary.
15        The  Department  may,  at its discretion except for those
16    children also adjudicated neglected or dependent, accept  for
17    care   and  training  any  child  who  has  been  adjudicated
18    addicted, as a truant minor in need of supervision  or  as  a
19    minor   requiring   authoritative   intervention,  under  the
20    Juvenile Court Act or the Juvenile Court Act of 1987, but  no
21    such  child shall be committed to the Department by any court
22    without the approval of the Department.  A minor charged with
23    a criminal  offense  under  the  Criminal  Code  of  1961  or
24    adjudicated  delinquent shall not be placed in the custody of
25    or committed to the Department by any court, except  a  minor
26    less  than  13 years of age committed to the Department under
27    Section 5-710 of the Juvenile Court Act of 1987.
28        (l-1)  The legislature recognizes that the best interests
29    of the child require that the child be  placed  in  the  most
30    permanent  living  arrangement  as  soon  as  is  practically
31    possible.   To achieve this goal, the legislature directs the
32    Department  of  Children  and  Family  Services  to   conduct
33    concurrent  planning  so  that  permanency  may  occur at the
34    earliest  opportunity.   Permanent  living  arrangements  may
 
                            -9-                LRB9206259ARsb
 1    include prevention of placement of a child outside  the  home
 2    of the family when the child can be cared for at home without
 3    endangering  the child's health or safety; reunification with
 4    the family, when safe and appropriate, if temporary placement
 5    is necessary; or  movement  of  the  child  toward  the  most
 6    permanent living arrangement and permanent legal status.
 7        When  determining  reasonable  efforts  to  be  made with
 8    respect to a child, as described in this subsection,  and  in
 9    making such reasonable efforts, the child's health and safety
10    shall be the paramount concern.
11        When  a  child  is  placed in foster care, the Department
12    shall ensure and document that reasonable efforts  were  made
13    to prevent or eliminate the need to remove the child from the
14    child's home.  The Department must make reasonable efforts to
15    reunify  the  family  when  temporary  placement of the child
16    occurs unless otherwise required, pursuant  to  the  Juvenile
17    Court  Act  of  1987.  At  any  time  after the dispositional
18    hearing  where   the   Department   believes   that   further
19    reunification services would be ineffective, it may request a
20    finding  from the court that reasonable efforts are no longer
21    appropriate.  The  Department  is  not  required  to  provide
22    further reunification services after such a finding.
23        A  decision  to place a child in substitute care shall be
24    made with considerations of the child's health,  safety,  and
25    best  interests.   At  the  time  of placement, consideration
26    should also be given so that if  reunification  fails  or  is
27    delayed,  the  placement made is the best available placement
28    to provide permanency for the child.
29        The Department shall adopt  rules  addressing  concurrent
30    planning  for  reunification  and permanency.  The Department
31    shall  consider  the  following  factors   when   determining
32    appropriateness of concurrent planning:
33             (1)  the likelihood of prompt reunification;
34             (2)  the past history of the family;
 
                            -10-               LRB9206259ARsb
 1             (3)  the  barriers  to reunification being addressed
 2        by the family;
 3             (4)  the level of cooperation of the family;
 4             (5)  the foster parents' willingness  to  work  with
 5        the family to reunite;
 6             (6)  the  willingness  and  ability  of  the  foster
 7        family   to   provide   an  adoptive  home  or  long-term
 8        placement;
 9             (7)  the age of the child;
10             (8)  placement of siblings.
11        (m)  The Department may assume temporary custody  of  any
12    child if:
13             (1)  it  has  received  a  written  consent  to such
14        temporary custody signed by the parents of the  child  or
15        by  the parent having custody of the child if the parents
16        are not living together or by the guardian  or  custodian
17        of the child if the child is not in the custody of either
18        parent, or
19             (2)  the  child  is found in the State and neither a
20        parent, guardian  nor  custodian  of  the  child  can  be
21        located.
22    If  the  child  is  found  in  his or her residence without a
23    parent, guardian, custodian  or  responsible  caretaker,  the
24    Department  may,  instead  of removing the child and assuming
25    temporary custody, place an authorized representative of  the
26    Department  in  that  residence  until such time as a parent,
27    guardian  or  custodian  enters  the  home  and  expresses  a
28    willingness and apparent ability to ensure the child's health
29    and safety and resume permanent charge of the child, or until
30    a relative enters the home and is willing and able to  ensure
31    the  child's health and safety and assume charge of the child
32    until a parent, guardian or custodian  enters  the  home  and
33    expresses  such willingness and ability to ensure the child's
34    safety and resume permanent charge.  After  a  caretaker  has
 
                            -11-               LRB9206259ARsb
 1    remained in the home for a period not to exceed 12 hours, the
 2    Department  must  follow those procedures outlined in Section
 3    2-9, 3-11, 4-8, or 5-415 of the Juvenile Court Act of 1987.
 4        The Department shall have the authority, responsibilities
 5    and duties that a legal custodian of  the  child  would  have
 6    pursuant  to  subsection  (9)  of Section 1-3 of the Juvenile
 7    Court Act of 1987.  Whenever a child is taken into  temporary
 8    custody  pursuant  to  an  investigation under the Abused and
 9    Neglected Child Reporting Act, or pursuant to a referral  and
10    acceptance under the Juvenile Court Act of 1987 of a minor in
11    limited   custody,  the  Department,  during  the  period  of
12    temporary custody and before the child is  brought  before  a
13    judicial  officer  as  required by Section 2-9, 3-11, 4-8, or
14    5-415 of the Juvenile Court  Act  of  1987,  shall  have  the
15    authority, responsibilities and duties that a legal custodian
16    of  the  child would have under subsection (9) of Section 1-3
17    of the Juvenile Court Act of 1987.
18        The Department shall ensure that  any  child  taken  into
19    custody  is  scheduled  for  an  appointment  for  a  medical
20    examination.
21        A  parent,  guardian  or  custodian  of  a  child  in the
22    temporary custody of the Department who would have custody of
23    the child if he were not in  the  temporary  custody  of  the
24    Department  may  deliver  to  the Department a signed request
25    that the Department surrender the temporary  custody  of  the
26    child.  The  Department  may  retain temporary custody of the
27    child for 10 days after the receipt of  the  request,  during
28    which  period the Department may cause to be filed a petition
29    pursuant to the Juvenile Court Act of 1987.  If a petition is
30    so filed, the Department shall retain  temporary  custody  of
31    the child until the court orders otherwise.  If a petition is
32    not  filed  within  the  10  day  period,  the child shall be
33    surrendered to the custody of the requesting parent, guardian
34    or custodian not later than the  expiration  of  the  10  day
 
                            -12-               LRB9206259ARsb
 1    period,  at  which  time  the  authority  and  duties  of the
 2    Department with respect to the temporary custody of the child
 3    shall terminate.
 4        (m-1)  The Department may place children under  18  years
 5    of  age  in  a  secure  child  care  facility licensed by the
 6    Department that cares for children who are in need of  secure
 7    living  arrangements for their health, safety, and well-being
 8    after a determination is made by the  facility  director  and
 9    the  Director  or the Director's designate prior to admission
10    to the facility subject to Section  2-27.1  of  the  Juvenile
11    Court Act of 1987.  This subsection (m-1) does not apply to a
12    child  who is subject to placement in a correctional facility
13    operated pursuant to Section 3-15-2 of the  Unified  Code  of
14    Corrections,  unless the child is a ward who was placed under
15    the care of the Department before being subject to  placement
16    in   a   correctional  facility  and  a  court  of  competent
17    jurisdiction has ordered placement of the child in  a  secure
18    care facility.
19        (n)  The  Department may place children under 18 years of
20    age in licensed child care facilities when in the opinion  of
21    the   Department,   appropriate   services  aimed  at  family
22    preservation have been unsuccessful  and  cannot  ensure  the
23    child's  health  and  safety  or  are  unavailable  and  such
24    placement  would  be  for  their  best interest.  Payment for
25    board, clothing, care, training and supervision of any  child
26    placed  in  a licensed child care facility may be made by the
27    Department, by the parents or guardians  of  the  estates  of
28    those  children, or by both the Department and the parents or
29    guardians, except that no  payments  shall  be  made  by  the
30    Department  for  any  child  placed  in a licensed child care
31    facility for board, clothing, care, training and  supervision
32    of  such  a  child that exceed the average per capita cost of
33    maintaining and of caring for a  child  in  institutions  for
34    dependent  or  neglected children operated by the Department.
 
                            -13-               LRB9206259ARsb
 1    However, such restriction on payments does not apply in cases
 2    where children require specialized  care  and  treatment  for
 3    problems    of   severe   emotional   disturbance,   physical
 4    disability, social adjustment, or any combination thereof and
 5    suitable facilities for the placement of  such  children  are
 6    not  available  at  payment  rates within the limitations set
 7    forth  in  this  Section.  All  reimbursements  for  services
 8    delivered shall  be  absolutely  inalienable  by  assignment,
 9    sale, attachment, garnishment or otherwise.
10        (o)  The  Department  shall  establish  an administrative
11    review and appeal  process  for  children  and  families  who
12    request   or   receive   child   welfare  services  from  the
13    Department.  Children who are wards of the Department and are
14    placed by private child welfare agencies, and foster families
15    with whom those children are placed, shall  be  afforded  the
16    same procedural and appeal rights as children and families in
17    the  case of placement by the Department, including the right
18    to an  initial review of a private agency  decision  by  that
19    agency.   The  Department shall insure that any private child
20    welfare agency, which accepts wards  of  the  Department  for
21    placement,  affords  those  rights  to  children  and  foster
22    families.   The  Department  shall  accept for administrative
23    review and an appeal hearing a complaint made by (i) a  child
24    or  foster  family concerning a decision following an initial
25    review  by  a  private  child  welfare  agency  or   (ii)   a
26    prospective  adoptive  parent  who  alleges  a  violation  of
27    subsection  (j-5)  of  this Section.  An appeal of a decision
28    concerning a change in the placement  of  a  child  shall  be
29    conducted in an expedited manner.
30        (p)  There  is  hereby created the Department of Children
31    and Family Services Emergency Assistance Fund from which  the
32    Department   may  provide  special  financial  assistance  to
33    families which are in economic crisis when such assistance is
34    not available through other public or private sources and the
 
                            -14-               LRB9206259ARsb
 1    assistance is deemed necessary to prevent dissolution of  the
 2    family  unit or to reunite families which have been separated
 3    due  to  child  abuse  and  neglect.   The  Department  shall
 4    establish administrative rules specifying  the  criteria  for
 5    determining  eligibility  for  and  the  amount and nature of
 6    assistance to be provided.  The  Department  may  also  enter
 7    into  written  agreements  with  private  and  public  social
 8    service  agencies  to provide emergency financial services to
 9    families  referred  by  the  Department.  Special   financial
10    assistance  payments  shall  be available to a family no more
11    than once during each fiscal year and the total payments to a
12    family may not exceed $500 during a fiscal year.
13        (q)  The  Department  may  receive  and  use,  in   their
14    entirety,  for  the benefit of children any gift, donation or
15    bequest of money or  other  property  which  is  received  on
16    behalf  of  such children, or any financial benefits to which
17    such children are or may  become  entitled  while  under  the
18    jurisdiction or care of the Department.
19        The  Department  shall  set  up  and  administer no-cost,
20    interest-bearing savings accounts  in  appropriate  financial
21    institutions  ("individual  accounts")  for children for whom
22    the Department is  legally  responsible  and  who  have  been
23    determined  eligible  for Veterans' Benefits, Social Security
24    benefits, assistance allotments from the armed forces,  court
25    ordered  payments,  parental voluntary payments, Supplemental
26    Security Income, Railroad  Retirement  payments,  Black  Lung
27    benefits,  or  other miscellaneous payments.  Interest earned
28    by each individual account shall be credited to the  account,
29    unless disbursed in accordance with this subsection.
30        In  disbursing funds from children's individual accounts,
31    the Department shall:
32             (1)  Establish standards in  accordance  with  State
33        and  federal  laws  for  disbursing money from children's
34        individual   accounts.    In   all   circumstances,   the
 
                            -15-               LRB9206259ARsb
 1        Department's "Guardianship Administrator" or his  or  her
 2        designee   must  approve  disbursements  from  children's
 3        individual accounts.  The Department shall be responsible
 4        for keeping complete records  of  all  disbursements  for
 5        each individual account for any purpose.
 6             (2)  Calculate  on  a monthly basis the amounts paid
 7        from State funds for the child's board and care,  medical
 8        care not covered under Medicaid, and social services; and
 9        utilize  funds  from  the  child's individual account, as
10        covered  by  regulation,  to   reimburse   those   costs.
11        Monthly,  disbursements  from  all  children's individual
12        accounts, up to 1/12 of $13,000,000, shall  be  deposited
13        by  the  Department into the General Revenue Fund and the
14        balance over 1/12 of $13,000,000 into the DCFS Children's
15        Services Fund.
16             (3)  Maintain   any    balance    remaining    after
17        reimbursing  for  the child's costs of care, as specified
18        in item (2). The balance shall accumulate  in  accordance
19        with  relevant  State  and  federal  laws  and  shall  be
20        disbursed  to the child or his or her guardian, or to the
21        issuing agency.
22        (r)  The   Department   shall   promulgate    regulations
23    encouraging  all  adoption agencies to voluntarily forward to
24    the Department or  its  agent  names  and  addresses  of  all
25    persons  who  have  applied  for  and  have been approved for
26    adoption of a hard-to-place  or  handicapped  child  and  the
27    names of such children who have not been placed for adoption.
28    A list of such names and addresses shall be maintained by the
29    Department  or  its agent, and coded lists which maintain the
30    confidentiality of the person seeking to adopt the child  and
31    of  the  child  shall  be  made available, without charge, to
32    every adoption agency in the State to assist the agencies  in
33    placing  such  children  for  adoption.  The  Department  may
34    delegate  to an agent its duty to maintain and make available
 
                            -16-               LRB9206259ARsb
 1    such lists.  The Department  shall  ensure  that  such  agent
 2    maintains  the confidentiality of the person seeking to adopt
 3    the child and of the child.
 4        (s)  The Department of Children and Family  Services  may
 5    establish and implement a program to reimburse Department and
 6    private  child  welfare agency foster parents licensed by the
 7    Department  of  Children  and  Family  Services  for  damages
 8    sustained by the foster parents as a result of the  malicious
 9    or  negligent  acts  of foster children, as well as providing
10    third party coverage for such foster parents with  regard  to
11    actions  of  foster  children  to  other  individuals.   Such
12    coverage  will  be  secondary  to the foster parent liability
13    insurance policy, if applicable.  The program shall be funded
14    through  appropriations  from  the  General   Revenue   Fund,
15    specifically designated for such purposes.
16        (t)  The   Department  shall  perform  home  studies  and
17    investigations and shall exercise supervision over visitation
18    as ordered by a court pursuant to the Illinois  Marriage  and
19    Dissolution of Marriage Act or the Adoption Act only if:
20             (1)  an   order   entered   by   an  Illinois  court
21        specifically  directs  the  Department  to  perform  such
22        services; and
23             (2)  the court  has  ordered  one  or  both  of  the
24        parties to the proceeding to reimburse the Department for
25        its  reasonable  costs  for  providing  such  services in
26        accordance with Department rules, or has determined  that
27        neither party is financially able to pay.
28        The  Department shall provide written notification to the
29    court of the specific arrangements for supervised  visitation
30    and  projected  monthly  costs  within  60  days of the court
31    order. The Department shall send  to  the  court  information
32    related to the costs incurred except in cases where the court
33    has determined the parties are financially unable to pay. The
34    court may order additional periodic reports as appropriate.
 
                            -17-               LRB9206259ARsb
 1        (u)  Whenever the Department places a child in a licensed
 2    foster  home,  group  home,  child  care institution, or in a
 3    relative home, the Department shall provide to the caretaker:
 4             (1)  available detailed information  concerning  the
 5        child's   educational   and  health  history,  copies  of
 6        immunization records  (including  insurance  and  medical
 7        card  information),  a  history  of  the child's previous
 8        placements, if any, and  reasons  for  placement  changes
 9        excluding  any information that identifies or reveals the
10        location of any previous caretaker;
11             (2)  a copy of the child's  portion  of  the  client
12        service  plan,  including any visitation arrangement, and
13        all amendments or revisions  to  it  as  related  to  the
14        child; and
15             (3)  information  containing  details of the child's
16        individualized  educational  plan  when  the   child   is
17        receiving special education services.
18        The  caretaker  shall  be informed of any known social or
19    behavioral  information  (including,  but  not  limited   to,
20    criminal  background,  fire  setting,  perpetuation of sexual
21    abuse, destructive behavior, and substance  abuse)  necessary
22    to care for and safeguard the child.
23        (u-5)  Effective   July   1,   1995,   only  foster  care
24    placements licensed as foster family homes  pursuant  to  the
25    Child  Care  Act  of 1969 shall be eligible to receive foster
26    care payments from the Department. Relative  caregivers  who,
27    as  of  July  1,  1995,  were  approved  pursuant to approved
28    relative  placement  rules  previously  promulgated  by   the
29    Department  at  89  Ill.  Adm.  Code 335 and had submitted an
30    application  for  licensure  as  a  foster  family  home  may
31    continue to receive  foster  care  payments  only  until  the
32    Department  determines  that they may be licensed as a foster
33    family home or that their application for licensure is denied
34    or until September 30, 1995, whichever occurs first.
 
                            -18-               LRB9206259ARsb
 1        (v)  The Department shall access criminal history  record
 2    information  as  defined  in  the Illinois Uniform Conviction
 3    Information   Act   and   information   maintained   in   the
 4    adjudicatory and dispositional record system  as  defined  in
 5    Section  2605-355  of  the Department of State Police Law (20
 6    ILCS  2605/2605-355)  if  the   Department   determines   the
 7    information  is  necessary  to  perform  its duties under the
 8    Abused and Neglected Child Reporting Act, the Child Care  Act
 9    of  1969,  and  the  Children  and  Family  Services Act, and
10    subsection (d) of Section 605 of the  Illinois  Marriage  and
11    Dissolution  of  Marriage  Act.  The Department shall provide
12    for interactive  computerized  communication  and  processing
13    equipment  that permits direct on-line communication with the
14    Department of State Police's central  criminal  history  data
15    repository.    The   Department   shall   comply   with   all
16    certification  requirements  and  provide certified operators
17    who have been trained by personnel  from  the  Department  of
18    State  Police.   In  addition,  one  Office  of the Inspector
19    General investigator shall have training in the  use  of  the
20    criminal history information access system and have access to
21    the terminal.  The Department of Children and Family Services
22    and  its  employees  shall  abide  by  rules  and regulations
23    established by the Department of State Police relating to the
24    access and dissemination of this information.
25        (w)  Within 120 days of August 20,  1995  (the  effective
26    date  of Public Act 89-392), the Department shall prepare and
27    submit to the Governor and the General  Assembly,  a  written
28    plan  for  the  development of in-state licensed secure child
29    care facilities that care for children who  are  in  need  of
30    secure  living  arrangements  for  their  health, safety, and
31    well-being.  For purposes of  this  subsection,  secure  care
32    facility  shall mean a facility that is designed and operated
33    to ensure that all entrances and exits from the  facility,  a
34    building  or  a  distinct part of the building, are under the
 
                            -19-               LRB9206259ARsb
 1    exclusive control of the staff of the  facility,  whether  or
 2    not  the  child  has  the  freedom  of  movement  within  the
 3    perimeter  of the facility, building, or distinct part of the
 4    building.  The plan shall include descriptions of  the  types
 5    of  facilities  that  are  needed  in  Illinois;  the cost of
 6    developing these secure care facilities; the estimated number
 7    of placements; the potential cost savings resulting from  the
 8    movement of children currently out-of-state who are projected
 9    to   be   returned  to  Illinois;  the  necessary  geographic
10    distribution of these facilities in Illinois; and a  proposed
11    timetable for development of such facilities.
12        (x)  The Department of Children and Family Services, upon
13    notification  by  a peace officer that a suicide or attempted
14    suicide has occurred in a household in which a child under 18
15    years of age resides, shall  investigate  that  household  to
16    determine  whether  continued  placement in that household is
17    detrimental to the child's health, safety,  or  welfare.   If
18    the  Department  determines  that  continued placement in the
19    household is detrimental to the child's  health,  safety,  or
20    welfare,  it  may  file  a petition under Section 2-13 of the
21    Juvenile Court Act of 1987 to have the minor adjudged a  ward
22    of the court.
23    (Source: P.A.  90-11, eff. 1-1-98; 90-27, eff. 1-1-98; 90-28,
24    eff.  1-1-98;  90-362,  eff.  1-1-98;  90-590,  eff.  1-1-99;
25    90-608, eff. 6-30-98;  90-655,  eff.  7-30-98;  91-239,  eff.
26    1-1-00; 91-357, eff. 7-29-99; 91-812, eff. 6-13-00.)

27        Section  10.  The Illinois Uniform Conviction Information
28    Act is amended by adding Section 5.5 as follows:

29        (20 ILCS 2635/5.5 new)
30        Sec.  5.5.  Dissemination  of  criminal  history   record
31    information.   If  a court appoints a psychiatrist in a child
32    custody proceeding or in a  proceeding  to  grant  visitation
 
                            -20-               LRB9206259ARsb
 1    rights,  the  Department  of  State  Police shall disseminate
 2    criminal history record information of  the  persons  seeking
 3    custody  or  visitation  to the psychiatrist appointed by the
 4    court.

 5        Section 15.  The Code of Criminal Procedure  of  1963  is
 6    amended by changing Section 112A-22 and adding Section 107-17
 7    as follows:

 8        (725 ILCS 5/107-17 new)
 9        Sec. 107-17.  Suicide      and      attempted     suicide
10    investigations.  When a peace officer investigates a  suicide
11    or  attempted  suicide  that  has  occurred  in  a  residence
12    occupied  by a child under 18 years of age, the peace officer
13    shall notify the Department of Children and Family Services.

14        (725 ILCS 5/112A-22) (from Ch. 38, par. 112A-22)
15        Sec. 112A-22.  Notice of orders.
16        (a)  Entry and issuance.  Upon issuance of any  order  of
17    protection, the clerk shall immediately, or on the next court
18    day  if  an  emergency  order  is  issued  in accordance with
19    subsection (c) of Section 112A-17, (i) enter the order on the
20    record and file it  in  accordance  with  the  circuit  court
21    procedures  and (ii) provide a file stamped copy of the order
22    to respondent, if present, and to petitioner.
23        (b)  Filing with sheriff.  The clerk of the issuing judge
24    shall, or the petitioner may, on the same day that  an  order
25    of  protection  is issued, file a copy of that order with the
26    sheriff or  other  law  enforcement  officials  charged  with
27    maintaining  Department  of  State  Police records or charged
28    with serving the order upon  respondent.  If  the  order  was
29    issued  in accordance with subsection (c) of Section 112A-17,
30    the clerk shall on the next court day, file a certified  copy
31    of  the  order  with  the  Sheriff  or  other law enforcement
 
                            -21-               LRB9206259ARsb
 1    officials charged with maintaining Department of State Police
 2    records.
 3        (c)  Service by sheriff.  Unless respondent  was  present
 4    in  court  when  the order was issued, the sheriff, other law
 5    enforcement official or special process server shall promptly
 6    serve that order upon  respondent  and  file  proof  of  such
 7    service,  in  the  manner  provided for service of process in
 8    civil proceedings.  If process has not yet been  served  upon
 9    the respondent, it shall be served with the order.
10        (c-5)  If the person against whom the order of protection
11    is  issued  is  arrested  and  the written order is issued in
12    accordance  with  subsection  (c)  of  Section  112A-17   and
13    received  by  the custodial law enforcement agency before the
14    respondent  or  arrestee  is  released  from   custody,   the
15    custodial  law  enforcement  agent  shall  promptly serve the
16    order upon the respondent or arrestee before  the  respondent
17    or  arrestee  is  released  from  custody.  In no event shall
18    detention of the  respondent  or  arrestee  be  extended  for
19    hearing on the petition for order of protection or receipt of
20    the order issued under Section 112A-17 of this Code.
21        (c-6)  Upon  issuance  of  an order of protection, if the
22    petitioner or respondent has custody  of  a  child  under  18
23    years of age and the noncustodial parent does not reside with
24    the child, the clerk shall send a certified copy of the order
25    of protection to the noncustodial parent.
26        (d)  Extensions,   modifications  and  revocations.   Any
27    order  extending,  modifying  or  revoking   any   order   of
28    protection  shall  be promptly recorded, issued and served as
29    provided in this Section.
30    (Source: P.A. 90-392, eff. 1-1-98.)

31        Section 20.  The Illinois  Marriage  and  Dissolution  of
32    Marriage Act is amended by changing Section 605 as follows:
 
                            -22-               LRB9206259ARsb
 1        (750 ILCS 5/605) (from Ch. 40, par. 605)
 2        Sec.  605.  Investigations  and Reports. (a) In contested
 3    custody proceedings, and in other custody  proceedings  if  a
 4    parent  or  the  child's custodian so requests, the court may
 5    order  an  investigation  and  report  concerning   custodial
 6    arrangements  for the child. The investigation and report may
 7    be made by a child welfare agency approved by the  Department
 8    of  Children  and  Family  Services, but shall not be made by
 9    that Department unless the court determines either that there
10    is no child welfare agency available or that  the  parent  or
11    the  child's  custodian  is financially unable to pay for the
12    investigation or report.
13        (b)  In preparing his  report  concerning  a  child,  the
14    investigator  may consult any person who may have information
15    about the child and  his  potential  custodial  arrangements.
16    Under  order  of  the  court,  the investigator may refer the
17    child  to   professional   personnel   for   diagnosis.   The
18    investigator  may  consult  with  and obtain information from
19    medical, psychiatric or other expert persons who have  served
20    the  child  in the past, without obtaining the consent of the
21    parent or the child's custodian. The child's consent must  be
22    obtained  if  he  has reached the age of 16, unless the court
23    finds that he lacks mental capacity to consent.
24        (c)  The investigator shall mail the report  to  counsel,
25    and to any party not represented by counsel, at least 10 days
26    prior  to the hearing. The court may examine and consider the
27    investigator's   report   in   determining    custody.    The
28    investigator  shall  make  available  to  counsel, and to any
29    party not represented by counsel, the investigator's file  of
30    underlying   data,   reports,  and  the  complete  texts   of
31    diagnostic reports made to the investigator pursuant  to  the
32    provisions  of  subsection (b) of this Section, and the names
33    and addresses  of  all  persons  whom  the  investigator  has
34    consulted.   Any   party  to  the  proceeding  may  call  the
 
                            -23-               LRB9206259ARsb
 1    investigator, or any person  whom  he  has  consulted,  as  a
 2    court's witness, for cross-examination. A party may not waive
 3    his right of cross-examination prior to the hearing.
 4        (d)  If the court appoints a psychiatrist to evaluate the
 5    child's  potential  custody  or  visitation arrangements, the
 6    court shall order the Department of State  Police  to  search
 7    its  criminal  history  record information files for criminal
 8    history record information concerning persons seeking custody
 9    or visitation of the child.
10    (Source: P.A. 86-659.)

11        Section 25.  The Illinois Domestic Violence Act  of  1986
12    is amended by changing Section 222 as follows:

13        (750 ILCS 60/222) (from Ch. 40, par. 2312-22)
14        Sec. 222.  Notice of orders.
15        (a)  Entry  and  issuance.  Upon issuance of any order of
16    protection, the clerk shall immediately, or on the next court
17    day if an  emergency  order  is  issued  in  accordance  with
18    subsection  (c)  of  Section  217, (i) enter the order on the
19    record and file it  in  accordance  with  the  circuit  court
20    procedures  and (ii) provide a file stamped copy of the order
21    to respondent, if present, and to petitioner.
22        (b)  Filing with sheriff.  The clerk of the issuing judge
23    shall, or the petitioner may, on the same day that  an  order
24    of  protection is issued, file a certified copy of that order
25    with the sheriff or other law enforcement  officials  charged
26    with  maintaining  Department  of  State  Police  records  or
27    charged  with serving the order upon respondent. If the order
28    was issued in accordance with subsection (c) of Section  217,
29    the  clerk shall on the next court day, file a certified copy
30    of the order  with  the  Sheriff  or  other  law  enforcement
31    officials charged with maintaining Department of State Police
32    records.
 
                            -24-               LRB9206259ARsb
 1        (c)  Service  by  sheriff.  Unless respondent was present
 2    in court when the order was issued, the  sheriff,  other  law
 3    enforcement official or special process server shall promptly
 4    serve  that  order  upon  respondent  and  file proof of such
 5    service, in the manner provided for  service  of  process  in
 6    civil  proceedings.   If process has not yet been served upon
 7    the respondent, it shall be served with the order.  A  single
 8    fee  may be charged for service of an order obtained in civil
 9    court, or for service of such an order together with process,
10    unless waived or deferred under Section 210.
11        (c-5)  If the person against whom the order of protection
12    is issued is arrested and the  written  order  is  issued  in
13    accordance with subsection (c) of Section 217 and received by
14    the custodial law enforcement agency before the respondent or
15    arrestee   is   released  from  custody,  the  custodial  law
16    enforcement agent shall promptly serve  the  order  upon  the
17    respondent  or  arrestee before the respondent or arrestee is
18    released from custody.  In no event shall  detention  of  the
19    respondent  or  arrestee  be  extended  for  hearing  on  the
20    petition  for  order  of  protection  or receipt of the order
21    issued under Section 217 of this Act.
22        (c-6)  Upon issuance of an order of  protection,  if  the
23    petitioner  or  respondent  has  custody  of a child under 18
24    years of age and the noncustodial parent does not reside with
25    the child, the clerk  of  the  issuing  judge  shall  send  a
26    certified copy of the order of protection to the noncustodial
27    parent.
28        (d)  Extensions,   modifications  and  revocations.   Any
29    order  extending,  modifying  or  revoking   any   order   of
30    protection  shall  be promptly recorded, issued and served as
31    provided in this Section.
32        (e)  Notice to schools.  Upon request the  clerk  of  the
33    issuing  judge  shall  file  a  certified copy of an order of
34    protection  with  the  private  school  or  schools  or   the
 
                            -25-               LRB9206259ARsb
 1    principal  office  of the public school district or districts
 2    in which any children of the petitioner are enrolled.
 3        (f)  Disclosure by schools.  After receiving a  certified
 4    copy  of an order of protection that prohibits a respondent's
 5    access to records, neither a public or private school nor its
 6    employees shall allow a  respondent  access  to  a  protected
 7    child's  records  or  release information in those records to
 8    the respondent.  The school shall file the copy of the  order
 9    of  protection  in  the records of a child who is a protected
10    person under the order of protection.
11    (Source: P.A. 89-106, eff. 7-7-95; 90-392, eff. 1-1-98.)

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