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Public Act 102-0070


 

Public Act 0070 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0070
 
SB0063 EnrolledLRB102 12026 KTG 17362 b

    AN ACT concerning children.
 
    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 Sections 7.3a and 35.10 as follows:
 
    (20 ILCS 505/7.3a)
    Sec. 7.3a. Normalcy parenting for children in foster care;
participation in childhood activities.
    (a) Legislative findings.
        (1) Every day parents make important decisions about
    their child's participation in extracurricular activities.
    Caregivers for children in out-of-home care are faced with
    making the same decisions.
        (2) When a caregiver makes decisions, he or she must
    consider applicable laws, rules, and regulations to
    safeguard the health, safety, and best interests of a
    child in out-of-home care.
        (3) Participation in extracurricular activities is
    important to a child's well-being, not only emotionally,
    but also in developing valuable life skills.
        (4) The General Assembly recognizes the importance of
    making every effort to normalize the lives of children in
    out-of-home care and to empower a caregiver to approve or
    not approve a child's participation in appropriate
    extracurricular activities based on the caregiver's own
    assessment using the reasonable and prudent parent
    standard, without prior approval of the Department, the
    caseworker, or the court.
        (5) Nothing in this Section shall be presumed to
    discourage or diminish the engagement of families and
    guardians in the child's life activities.
    (b) Definitions. As used in this Section:
    "Appropriate activities" means activities or items that
are generally accepted as suitable for children of the same
chronological age or developmental level of maturity.
Appropriateness is based on the development of cognitive,
emotional, physical, and behavioral capacity that is typical
for an age or age group, taking into account the individual
child's cognitive, emotional, physical, and behavioral
development.
    "Caregiver" means a person with whom the child is placed
in out-of-home care or a designated official for child care
facilities licensed by the Department as defined in the Child
Care Act of 1969.
    "Reasonable and prudent parent standard" means the
standard characterized by careful and sensible parental
decisions that maintain the child's health, safety, and best
interests while at the same time supporting the child's
emotional and developmental growth that a caregiver shall use
when determining whether to allow a child in out-of-home care
to participate in extracurricular, enrichment, cultural, and
social activities.
    (c) Requirements for decision-making.
        (1) Each child who comes into the care and custody of
    the Department is fully entitled to participate in
    appropriate extracurricular, enrichment, cultural, and
    social activities in a manner that allows that child to
    participate in his or her community to the fullest extent
    possible.
        (2) Caregivers must use the reasonable and prudent
    parent standard in determining whether to give permission
    for a child in out-of-home care to participate in
    appropriate extracurricular, enrichment, cultural, and
    social activities. Caregivers are expected to promote and
    support a child's participation in such activities. When
    using the reasonable and prudent parent standard, the
    caregiver shall consider:
            (A) the child's age, maturity, and developmental
        level to promote the overall health, safety, and best
        interests of the child;
            (B) the best interest of the child based on
        information known by the caregiver;
            (C) the importance and fundamental value of
        encouraging the child's emotional and developmental
        growth gained through participation in activities in
        his or her community;
            (D) the importance and fundamental value of
        providing the child with the most family-like living
        experience possible; and
            (E) the behavioral history of the child and the
        child's ability to safely participate in the proposed
        activity.
        (3) A caregiver is not liable for harm caused to a
    child in out-of-home care who participates in an activity
    approved by the caregiver, provided that the caregiver has
    acted as a reasonable and prudent parent in permitting the
    child to engage in the activity.
    (d) Rulemaking. The Department shall adopt, by rule,
procedures no later than June 1, 2017 that promote and protect
the ability of children to participate in appropriate
extracurricular, enrichment, cultural, and social activities.
    (e) The Department shall ensure that every youth in care
who is entering his or her final year of high school has
completed a Free Application for Federal Student Aid form, if
applicable, or an application for State financial aid on or
after October 1, but no later than November 1, of the youth's
final year of high school.
(Source: P.A. 99-839, eff. 8-19-16.)
 
    (20 ILCS 505/35.10)
    Sec. 35.10. Documents necessary for adult living. The
Department shall assist a youth in care in identifying and
obtaining documents necessary to function as an independent
adult prior to the closure of the youth's case to terminate
wardship as provided in Section 2-31 of the Juvenile Court Act
of 1987. These necessary documents shall include, but not be
limited to, any of the following:
        (1) State identification card or driver's license.
        (2) Social Security card.
        (3) Medical records, including, but not limited to,
    health passport, dental records, immunization records,
    name and contact information for all current medical,
    dental, and mental health providers, and a signed
    certification that the Department provided the youth with
    education on executing a healthcare power of attorney.
        (4) Medicaid card or other health eligibility
    documentation.
        (5) Certified copy of birth certificate.
        (6) Any applicable religious documents.
        (7) Voter registration card.
        (8) Immigration, citizenship, or naturalization
    documentation, if applicable.
        (9) Death certificates of parents, if applicable.
        (10) Life book or compilation of personal history and
    photographs.
        (11) List of known relatives with relationships,
    addresses, telephone numbers, and other contact
    information, with the permission of the involved relative.
        (12) Resume.
        (13) Educational records, including list of schools
    attended, and transcript, high school diploma, or high
    school equivalency certificate.
        (14) List of placements while in care.
        (15) List of community resources with referral
    information, including the Midwest Adoption Center for
    search and reunion services for former youth in care,
    whether or not they were adopted, and the Illinois Chapter
    of Foster Care Alumni of America.
        (16) All documents necessary to complete a Free
    Application for Federal Student Aid form, if applicable,
    or an application for State financial aid.
If a court determines that a youth in care no longer requires
wardship of the court and orders the wardship terminated and
all proceedings under the Juvenile Court Act of 1987
respecting the youth in care finally closed and discharged,
the Department shall ensure that the youth in care receives a
copy of the court's order.
(Source: P.A. 100-680, eff. 1-1-19.)

Effective Date: 1/1/2022