Illinois General Assembly - Full Text of Public Act 096-0276
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Public Act 096-0276


 

Public Act 0276 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0276
 
HB2365 Enrolled LRB096 10282 JAM 20452 b

    AN ACT concerning children.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Kinship Navigator Act.
 
    Section 5. Definitions. In this Act:
        (1) "Department" means the Department of Human
    Services.
        (2) "NPO" means a not-for-profit organization.
        (3) "Municipality" has the meaning ascribed to it in
    Section 1-1-2 of the Illinois Municipal Code.
        (4) "Kinship care" means, as defined by Child Welfare
    League of America, the full time care, nurturing, and
    protection of children by relatives, members of their
    tribes or clans, grandparents, godparents, stepparents, or
    any adult who has physical custody and a kinship bond with
    a child. This definition is designed to be inclusive
    without age restrictions on the kinship caregiver and
    respectful of cultural values and ties of affection. It
    allows a child to grow to adulthood in a family
    environment.
        (5) "Kinship Navigator" means a statewide program
    designed to ensure kinship caregivers the necessary
    resources for the preservation of the family.
 
    Section 10. Legislative findings and intent.
        (1) Caregivers often provide kinship care without
    compensation or support systems.
        (2) Kinship caregivers are crucial to avoiding
    institutionalization of children and saving taxpayer
    dollars.
        (3) Kinship caregivers are frequently under
    substantial physical, psychological, and financial stress.
    Unrelieved by support services available to the caregiver,
    this stress may lead to premature or unnecessary
    institutionalization for the care recipient or
    deterioration of the health condition and family
    circumstances of the kinship caregiver.
        (4) Sudden responsibility for children often precludes
    kinship caregivers the opportunity to plan basic day to day
    responsibility.
        (5) The Kinship Navigator shall be seamless,
    statewide, and coordinated among the Department of Human
    Services, Department on Aging, Illinois Housing Authority,
    Department of Children and Family Services, Department of
    Corrections, and federal and local governments as well as
    other public and private sources.
        (6) Additional services provided under the Kinship
    Navigator shall be: organizing diverse, enriched, and
    culturally conscious kinship support groups and
    counseling; assisting with applying for benefits within
    the Illinois Department of Human Services' Family
    Community Resource Centers for those who qualify;
    publishing monthly newsletters; coordinating respite and
    crisis care services; assisting kinship caregivers with
    job readiness, job search, and job retention; and providing
    technical assistance to start up kinship support groups.
 
    Section 15. Kinship Navigator conferences: promotion. The
Department shall arrange for the conduct of 2 conferences, one
in Cook County and one in Sangamon County, and provide for
exhibits and activities for kinship caregivers and social
service providers.
 
    Section 20. Kinship Navigator administration. The
Department, subject to appropriation, shall administer the
Kinship Navigator through a contract with an NPO that has
worked statewide with kinship families. The contract shall
require that the program created by this Act will be
coordinated with (i) the grandparent child care program
administered by the Department of Children and Family Services
under Section 34.11 of the Children and Family Services Act,
(ii) the Department of Children and Family Services under
Section 39.1 of the Children and Family Services Act, and (iii)
the Department on Aging under Section 92 of the Family
Caregiver Act.
 
    Section 25. Rules. The Department shall adopt the rules
necessary for the implementation and administration of this
Act.
 
    Section 90. The Children and Family Services Act is amended
by changing Section 34.11 and adding Section 39.1 as follows:
 
    (20 ILCS 505/34.11)
    Sec. 34.11. Grandparent child care program.
    (a) The General Assembly finds and declares the following:
        (1) An increasing number of children under the age of
    18, including many children who would otherwise be at risk
    of abuse or neglect, are in the care of a grandparent or
    other nonparent relative.
        (2) The principal causes of this increase include
    parental substance abuse, chronic illness, child abuse,
    mental illness, military deployment, poverty,
    homelessness, deportation, and death, as well as concerted
    efforts by families and by the child welfare service system
    to keep children with relatives whenever possible.
        (3) Grandparents and older relatives providing primary
    care for at-risk children may experience unique resultant
    problems, such as financial stress due to limited incomes,
    emotional difficulties dealing with the loss of the child's
    parents or the child's unique behaviors, and decreased
    physical stamina coupled with a much higher incidence of
    chronic illness.
        (4) Many children being raised by nonparent relatives
    experience one or a combination of emotional, behavioral,
    psychological, academic, or medical problems, especially
    those born to a substance-abusing mother or at risk of
    child abuse, neglect, or abandonment.
        (5) Grandparents and other relatives providing primary
    care for children lack appropriate information about the
    issues of kinship care, the special needs (both physical
    and psychological) of children born to a substance-abusing
    mother or at risk of child abuse, neglect, or abandonment,
    and the support resources currently available to them.
    (b) The Department may establish an informational and
educational program for grandparents and other relatives who
provide primary care for children who are at risk of child
abuse, neglect, or abandonment or who were born to
substance-abusing mothers. As a part of the program, the
Department may develop, publish, and distribute an
informational brochure for grandparents and other relatives
who provide primary care for children who are at risk of child
abuse, neglect, or abandonment or who were born to
substance-abusing mothers. The information provided under the
program authorized by this Section may include, but is not
limited to the following:
        (1) The most prevalent causes of kinship care,
    especially the risk of (i) substance exposure, (ii) or
    child abuse, neglect, or abandonment, (iii) chronic
    illness, (iv) mental illness, (v) military deployment, or
    (vi) death.
        (2) The problems experienced by children being raised
    by nonparent caregivers.
        (3) The problems experienced by grandparents and other
    nonparent relatives providing primary care for children
    who have special needs.
        (4) The legal system as it relates to children and
    their nonparent primary caregivers.
        (5) The benefits available to children and their
    nonparent primary caregivers.
        (6) A list of support groups and resources located
    throughout the State.
    The brochure may be distributed through hospitals, public
health nurses, child protective services, medical professional
offices, elementary and secondary schools, senior citizen
centers, public libraries, community action agencies selected
by the Department, and the Department of Human Services.
    The Kinship Navigator established under the Kinship
Navigator Act shall coordinate the grandparent child care
program under this Section with the programs and services
established and administered by the Department of Human
Services under the Kinship Navigator Act.
(Source: P.A. 88-229; 88-670, eff. 12-2-94; 89-507, eff.
7-1-97.)
 
    (20 ILCS 505/39.1 new)
    Sec. 39.1. Kinship Navigator Act. The Kinship Navigator
established under the Kinship Navigator Act shall coordinate
the child welfare services administered by the Department in
relation to kinship care for children and families receiving
services under this Act with the programs and services
established and administered by the Department of Human
Services under the Kinship Navigator Act.
 
    Section 95. The Family Caregiver Act is amended by adding
Section 92 as follows:
 
    (320 ILCS 65/92 new)
    Sec. 92. Kinship Navigator Act. The Kinship Navigator
established under the Kinship Navigator Act shall coordinate
the services administered by the Department under this Act with
the programs and services established and administered by the
Department of Human Services under the Kinship Navigator Act.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/11/2009