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Public Act 102-0763


 

Public Act 0763 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0763
 
HB4304 EnrolledLRB102 19928 KTG 28706 b

    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 adding Section 5.26 as follows:
 
    (20 ILCS 505/5.26 new)
    Sec. 5.26. Foster children; exit interviews.
    (a) Unless clinically contraindicated, the Department
shall ensure that an exit interview is conducted with every
child age 5 and over who leaves a foster home.
        (1) The interview shall be conducted by a caseworker,
    mental health provider, or clinician from the Department's
    Division of Clinical Practice.
        (2) The interview shall be conducted within 5 days of
    the child's removal from the home.
        (3) The interviewer shall comply with the provisions
    of the Abused and Neglected Child Reporting Act if the
    child discloses abuse or neglect as defined by that Act.
        (4) The interviewer shall immediately inform the
    licensing agency if the child discloses any information
    that would constitute a potential licensing violation.
        (5) Documentation of the interview shall be (i)
    maintained in the foster parent's licensing file, (ii)
    maintained in the child's case file, (iii) included in the
    service plan for the child, and (iv) and provided to the
    child's guardian ad litem and attorney appointed under
    Section 2-17 of the Juvenile Court Act of 1987.
        (6) The determination that an interview in compliance
    with this Section is clinically contraindicated shall be
    made by the caseworker, in consultation with the child's
    mental health provider, if any, and the caseworker's
    supervisor. If the child does not have a mental health
    provider, the caseworker shall request a consultation with
    the Department's Division of Clinical Practice regarding
    whether an interview is clinically contraindicated. The
    decision and the basis for the decision shall be
    documented in writing and shall be (i) maintained in the
    foster parent's licensing file, (ii) maintained in the
    child's case file, and (iii) attached as part of the
    service plan for the child.
        (7) The information gathered during the interview
    shall be dependent on the age and maturity of the child and
    the circumstances of the child's removal. The
    interviewer's observations and any information relevant to
    understanding the child's responses shall be recorded on
    the interview form. At a minimum, the interview shall
    address the following areas:
            (A) How the child's basic needs were met in the
        home: who prepared food and was there sufficient food;
        whether the child had appropriate clothing; sleeping
        arrangements; supervision appropriate to the child's
        age and special needs; was the child enrolled in
        school; and did the child receive the support needed
        to complete his or her school work.
            (B) Access to caseworker, therapist, or guardian
        ad litem: whether the child was able to contact these
        professionals and how.
            (C) Safety and comfort in the home: how did the
        child feel in the home; was the foster parent
        affirming of the child's identity; did anything happen
        that made the child happy; did anything happen that
        was scary or sad; what happened when the child did
        something he or she should not have done; if relevant,
        how does the child think the foster parent felt about
        the child's family of origin, including parents and
        siblings; and was the foster parent supportive of the
        permanency goal.
            (D) Normalcy: whether the child felt included in
        the family; whether the child participated in
        extracurricular activities; whether the foster parent
        participated in planning for the child, including
        child and family team meetings and school meetings.
    (b) The Department shall develop procedures, including an
interview form, no later than January 1, 2023, to implement
this Section.
    (c) Beginning July 1, 2023 and quarterly thereafter, the
Department shall post on its webpage a report summarizing the
details of the exit interviews.
 
    Section 10. The Child Care Act of 1969 is amended by
changing Sections 2.22a and 4 as follows:
 
    (225 ILCS 10/2.22a)
    Sec. 2.22a. Quality of care concerns applicant. "Quality
of care concerns applicant" means an applicant for a foster
care license or renewal of a foster care license where the
applicant or any person living in the applicant's household:
        (1) has had a license issued under this Act revoked;
        (2) has surrendered a license issued under this Act
    for cause;
        (3) has had a license issued under this Act expire or
    has surrendered a license, while either an abuse or
    neglect investigation or licensing investigation was
    pending or an involuntary placement hold was placed on the
    home;
        (4) has been the subject of allegations of abuse or
    neglect;
        (5) has an indicated report of abuse or neglect; or
        (6) has been the subject of certain types of
    involuntary placement holds or has been involved in
    certain types of substantiated licensing complaints, as
    specified and defined by Department rule; or .
        (7) has requested a youth in care's removal from the
    home, either orally or in writing, on 5 or more occasions.
(Source: P.A. 99-779, eff. 1-1-17.)
 
    (225 ILCS 10/4)  (from Ch. 23, par. 2214)
    Sec. 4. License requirement; application; notice.
    (a) Any person, group of persons or corporation who or
which receives children or arranges for care or placement of
one or more children unrelated to the operator must apply for a
license to operate one of the types of facilities defined in
Sections 2.05 through 2.19 and in Section 2.22 of this Act. Any
relative, as defined in Section 2.17 of this Act, who receives
a child or children for placement by the Department on a
full-time basis may apply for a license to operate a foster
family home as defined in Section 2.17 of this Act.
    (a-5) Any agency, person, group of persons, association,
organization, corporation, institution, center, or group
providing adoption services must be licensed by the Department
as a child welfare agency as defined in Section 2.08 of this
Act. "Providing adoption services" as used in this Act,
includes facilitating or engaging in adoption services.
    (b) Application for a license to operate a child care
facility must be made to the Department in the manner and on
forms prescribed by it. An application to operate a foster
family home shall include, at a minimum: a completed written
form; written authorization by the applicant and all adult
members of the applicant's household to conduct a criminal
background investigation; medical evidence in the form of a
medical report, on forms prescribed by the Department, that
the applicant and all members of the household are free from
communicable diseases or physical and mental conditions that
affect their ability to provide care for the child or
children; the names and addresses of at least 3 persons not
related to the applicant who can attest to the applicant's
moral character; the name and address of at least one relative
who can attest to the applicant's capability to care for the
child or children; and fingerprints submitted by the applicant
and all adult members of the applicant's household.
    (b-5) Prior to submitting an application for a foster
family home license, a quality of care concerns applicant as
defined in Section 2.22a of this Act must submit a preliminary
application to the Department in the manner and on forms
prescribed by it. The Department shall explain to the quality
of care concerns applicant the grounds for requiring a
preliminary application. The preliminary application shall
include a list of (i) all children placed in the home by the
Department who were removed by the Department for reasons
other than returning to a parent and the circumstances under
which they were removed and (ii) all children placed by the
Department who were subsequently adopted by or placed in the
private guardianship of the quality of care concerns applicant
who are currently under 18 and who no longer reside in the home
and the reasons why they no longer reside in the home. The
preliminary application shall also include, if the quality of
care concerns applicant chooses to submit, (1) a response to
the quality of care concerns, including any reason the
concerns are invalid, have been addressed or ameliorated, or
no longer apply and (2) affirmative documentation
demonstrating that the quality of care concerns applicant's
home does not pose a risk to children and that the family will
be able to meet the physical and emotional needs of children.
The Department shall verify the information in the preliminary
application and review (i) information regarding any prior
licensing complaints, (ii) information regarding any prior
child abuse or neglect investigations, and (iii) information
regarding any involuntary foster home holds placed on the home
by the Department, and (iv) information regarding all child
exit interviews, as provided in Section 5.26 of the Children
and Family Services Act, regarding the home. Foster home
applicants with quality of care concerns are presumed
unsuitable for future licensure.
    Notwithstanding the provisions of this subsection (b-5),
the Department may make an exception and issue a foster family
license to a quality of care concerns applicant if the
Department is satisfied that the foster family home does not
pose a risk to children and that the foster family will be able
to meet the physical and emotional needs of children. In
making this determination, the Department must obtain and
carefully review all relevant documents and shall obtain
consultation from its Clinical Division as appropriate and as
prescribed by Department rule and procedure. The Department
has the authority to deny a preliminary application based on
the record of quality of care concerns of the foster family
home. In the alternative, the Department may (i) approve the
preliminary application, (ii) approve the preliminary
application subject to obtaining additional information or
assessments, or (iii) approve the preliminary application for
purposes of placing a particular child or children only in the
foster family home. If the Department approves a preliminary
application, the foster family shall submit an application for
licensure as described in subsection (b) of this Section. The
Department shall notify the quality of care concerns applicant
of its decision and the basis for its decision in writing.
    (c) The Department shall notify the public when a child
care institution, maternity center, or group home licensed by
the Department undergoes a change in (i) the range of care or
services offered at the facility, (ii) the age or type of
children served, or (iii) the area within the facility used by
children. The Department shall notify the public of the change
in a newspaper of general circulation in the county or
municipality in which the applicant's facility is or is
proposed to be located.
    (d) If, upon examination of the facility and investigation
of persons responsible for care of children and, in the case of
a foster home, taking into account information obtained for
purposes of evaluating a preliminary application, if
applicable, the Department is satisfied that the facility and
responsible persons reasonably meet standards prescribed for
the type of facility for which application is made, it shall
issue a license in proper form, designating on that license
the type of child care facility and, except for a child welfare
agency, the number of children to be served at any one time.
    (e) The Department shall not issue or renew the license of
any child welfare agency providing adoption services, unless
the agency (i) is officially recognized by the United States
Internal Revenue Service as a tax-exempt organization
described in Section 501(c)(3) of the Internal Revenue Code of
1986 (or any successor provision of federal tax law) and (ii)
is in compliance with all of the standards necessary to
maintain its status as an organization described in Section
501(c)(3) of the Internal Revenue Code of 1986 (or any
successor provision of federal tax law). The Department shall
grant a grace period of 24 months from the effective date of
this amendatory Act of the 94th General Assembly for existing
child welfare agencies providing adoption services to obtain
501(c)(3) status. The Department shall permit an existing
child welfare agency that converts from its current structure
in order to be recognized as a 501(c)(3) organization as
required by this Section to either retain its current license
or transfer its current license to a newly formed entity, if
the creation of a new entity is required in order to comply
with this Section, provided that the child welfare agency
demonstrates that it continues to meet all other licensing
requirements and that the principal officers and directors and
programs of the converted child welfare agency or newly
organized child welfare agency are substantially the same as
the original. The Department shall have the sole discretion to
grant a one year extension to any agency unable to obtain
501(c)(3) status within the timeframe specified in this
subsection (e), provided that such agency has filed an
application for 501(c)(3) status with the Internal Revenue
Service within the 2-year timeframe specified in this
subsection (e).
(Source: P.A. 101-63, eff. 7-12-19.)

Effective Date: 1/1/2023