Public Act 0705 100TH GENERAL ASSEMBLY

SB2461 Enrolled LRB100 17070 KTG 32221 b

Public Act 100-0705

AN ACT concerning State government.

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

Section 5. The Children and Family Services Act is amended by changing Section 5.05 as follows:

(20 ILCS 505/5.05)

Sec. 5.05. Victims of sex trafficking.

(a) Legislative findings. Because of their histories of trauma, youth in the care of the Department of Children and Family Services are particularly vulnerable to sex traffickers. Sex traffickers often target child care facilities licensed by the Department to recruit their victims. Foster children who are victims of sex trafficking present unique treatment needs that existing treatment programs are not always able to address. The Department of Children and Family Services needs to develop a comprehensive strategy and continuum of care to treat foster children who are identified as victims of sex trafficking.

(b) Multi-disciplinary workgroup. By January 1, 2016, the Department shall convene a multi-disciplinary workgroup to review treatment programs for youth in the Department's care who are victims of sex trafficking and to make recommendations regarding a continuum of care for these vulnerable youth. The workgroup shall do all of the following:

(1) Conduct a survey of literature and of existing treatment program models available in the State and outside the State for youth in the Department's care who are victims of sex trafficking, taking into account whether the programs have been subject to evaluation.

(2) Evaluate the need for new programs in the State, taking into account that youth in the Department's care who are victims of sex trafficking can present a variety of additional needs, including mental illness, medical needs, emotional disturbance, and cognitive delays.

(3) Review existing State laws and rules that permit children to be placed in secured therapeutic residential care and recommend (i) whether secured residential care should be part of a continuum of care in the State for foster youth who have been sexually trafficked and who repeatedly run away from treatment facilities, and if so, whether any amendments to existing State laws and rules should be made; and (ii) the circumstances under which youth should be considered for placement in secured therapeutic residential care.

(4) Make recommendations regarding a continuum of care for children in the Department's care who are victims of sex trafficking.

(c) Composition of workgroup. The workgroup shall consist of a minimum of:

(1) two representatives of the Department, including at least one who is familiar with child care facilities licensed by the Department under the Child Care Act of 1969 that provide residential services;

(2) one representative of a child advocacy organization;

(3) one licensed clinician with expertise in working with youth in the Department's care;

(4) one licensed clinician with expertise in working with youth who are victims of sex trafficking;

(5) one board-certified child and adolescent psychiatrist;

(6) two persons representing providers of residential treatment programs operating in the State;

(7) two persons representing providers of adolescent foster care or specialized foster care programs operating in the State;

(8) one representative of the Department of Children and Family Services' Statewide Youth Advisory Board;

(9) one representative of an agency independent of the Department who has experience in providing treatment to children and youth who are victims of sex trafficking; and

(10) one representative of a law enforcement agency that works with youth who are victims of sex trafficking.

(d) Records and information. Upon request, the Department shall provide the workgroup with all records and information in the Department's possession that are relevant to the workgroup's review of existing programs and to the workgroup's review of the need for new programs for victims of sex trafficking. The Department shall redact any confidential information from the records and information provided to the workgroup to maintain the confidentiality of persons served by the Department.

(e) Workgroup report. The workgroup shall provide a report to the General Assembly no later than January 1, 2017 with its findings and recommendations.

(f) Department report. No later than March 1, 2017, the Department shall implement the workgroup's recommendations, as feasible and appropriate, and shall submit a written report to the General Assembly that explains the Department's decision to implement or to not implement each of the workgroup's recommendations.

(g) Specialized placements. No later than July 1, 2019, the Department shall enter into contracts with public or private agencies or shall complete development for specialized placements for youth in the Department's care who are victims of sex trafficking. Such specialized placements may include, but not be limited to, licensed foster homes, group homes, residential facilities, and secure residential facilities that specialize in providing treatment to children who are victims of sex trafficking.

(Source: P.A. 99-350, eff. 1-1-16.)

Effective Date: 1/1/2019