Public Act 101-0237
 
HB1551 EnrolledLRB101 07904 SLF 52959 b


  
    AN ACT concerning courts.
  
 
    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 adding Section 7.8 as follows:
 
    (20 ILCS 505/7.8 new)
    Sec. 7.8. Home safety checklist; aftercare services; 
immunization checks.
    (a) As used in this Section, "purchase of service agency" 
means any entity that contracts with the Department to provide 
services that are consistent with the purposes of this Act. 
    (b) Whenever a child is placed in the custody or 
guardianship of the Department or a child is returned to the 
custody of a parent or guardian and the court retains 
jurisdiction of the case, the Department must ensure that the 
child is up to date on his or her well-child visits, including 
age-appropriate immunizations, or that there is a documented 
religious or medical reason the child did  not receive the 
immunizations. 
    (c) Whenever a child has been placed in foster or 
substitute care by court order and the court later determines 
that the child can return to the custody of his or her parent 
or guardian, the Department must complete, prior to the child's 
discharge from foster or substitute care, a home safety 
checklist to ensure that the conditions of the child's home are 
sufficient to ensure the child's safety and well-being, as 
defined in Department rules and procedures. At a minimum, the 
home safety checklist shall be completed within 24 hours prior 
to the child's return home and completed again or recertified 
in the absence of any environmental barriers or hazards within 
5 working days after a child is returned home and every month 
thereafter until the child's case is closed pursuant to the 
Juvenile Court Act of 1987. The home safety checklist shall 
include a certification that there are no environmental 
barriers or hazards to prevent returning the child home. 
    (d) When a court determines that a child should return to 
the custody or guardianship of a parent or guardian, any 
aftercare services provided to the child and the child's family 
by the Department or a purchase of service agency shall 
commence on the date upon which the child is returned to the 
custody or guardianship of his or her parent or guardian. If 
children are returned to the custody of a parent at different 
times, the Department or purchase of service agency shall 
provide a minimum of 6 months of aftercare services to each 
child commencing on the date each individual child is returned 
home. 
    (e) One year after the effective date of this amendatory 
Act of the 101st General Assembly, the Auditor General shall 
commence a performance audit of the Department of Children and 
Family Services to determine whether the Department is meeting 
the requirements of this Section.  Within 2 years after the 
audit's release, the Auditor General shall commence a follow-up 
performance audit to determine whether the Department has 
implemented the recommendations contained in the initial 
performance audit.  Upon completion of each audit, the Auditor 
General shall report its findings to the General Assembly.  The 
Auditor General's reports shall include any issues or 
deficiencies and recommendations.  The audits required by this 
Section shall be in accordance with and subject to the Illinois 
State Auditing Act. 
 
    Section 10. The Abused and Neglected Child Reporting Act is 
amended  by adding Section 7.01 as follows:
 
    (325 ILCS 5/7.01 new)
    Sec. 7.01. Safety assessments for reports made by mandated 
reporters.
    (a) When a report is made by a mandated reporter  to the 
statewide toll-free telephone number established under Section 
7.6 of this Act and there is a prior indicated report of abuse 
or neglect, or there is a prior open service case involving any 
member of the household, the Department must, at a minimum, 
accept the report as a child welfare services referral. If the 
family refuses to cooperate or refuses access to the home or 
children, then a child protective services investigation shall 
be initiated if the facts otherwise meet the criteria to accept 
a report.
    As used in this Section, "child welfare services referral" 
means an assessment of the family for service needs and linkage 
to available local community resources for the purpose of 
preventing  or remedying or assisting in the solution of 
problems which may result in the neglect, abuse, exploitation, 
or delinquency of children, and as further defined in 
Department rules and procedures.
    As used in this Section, "prior open service case" means a 
case in which the Department has provided services to the 
family either directly or through a purchase of service agency. 
    (b) One year after the effective date of this amendatory 
Act of the 101st General Assembly, the Auditor General shall 
commence a performance audit of the Department of Children and 
Family Services to determine whether the Department is meeting 
the requirements of this Section. Within 2 years after the 
audit's release, the Auditor General shall commence a follow-up 
performance audit to determine whether the Department has 
implemented the recommendations contained in the initial 
performance audit.   Upon completion of each audit, the Auditor 
General shall report its findings to the General Assembly.  The 
Auditor General's reports shall include any issues or 
deficiencies and recommendations.  The audits required by this 
Section shall be in accordance with and subject to the Illinois 
State Auditing Act. 


Effective Date:  1/1/2020