Illinois General Assembly - Full Text of Public Act 102-0810
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Public Act 102-0810


Public Act 0810 102ND GENERAL ASSEMBLY



Public Act 102-0810
HB5418 EnrolledLRB102 24881 KTG 34130 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 Foster Children's Bill of Rights Act is
amended by changing Section 5 as follows:
    (20 ILCS 521/5)
    Sec. 5. Foster Children's Bill of Rights. It is the policy
of this State that every child and adult in the care of the
Department of Children and Family Services who is placed in
foster care shall have the following rights:
        (1) To live in a safe, healthy, and comfortable home
    where he or she is treated with respect.
        (2) To be free from physical, sexual, emotional, or
    other abuse, or corporal punishment.
        (3) To receive adequate and healthy food, adequate
    clothing, and, for youth in group homes, residential
    treatment facilities, and foster homes, an allowance.
        (4) To receive medical, dental, vision, and mental
    health services.
        (5) To be free of the administration of medication or
    chemical substances, unless authorized by a physician.
        (6) To contact family members, unless prohibited by
    court order, and social workers, attorneys, foster youth
    advocates and supporters, Court Appointed Special
    Advocates (CASAs), and probation officers.
        (7) To visit and contact brothers and sisters, unless
    prohibited by court order.
        (8) To contact the Advocacy Office for Children and
    Families established under the Children and Family
    Services Act or the Department of Children and Family
    Services' Office of the Inspector General regarding
    violations of rights, to speak to representatives of these
    offices confidentially, and to be free from threats or
    punishment for making complaints.
        (9) To make and receive confidential telephone calls
    and send and receive unopened mail, unless prohibited by
    court order.
        (10) To attend religious services and activities of
    his or her choice.
        (11) To maintain an emancipation bank account and
    manage personal income, consistent with the child's age
    and developmental level, unless prohibited by the case
        (12) To not be locked in a room, building, or facility
    premises, unless placed in a secure child care facility
    licensed by the Department of Children and Family Services
    under the Child Care Act of 1969 and placed pursuant to
    Section 2-27.1 of the Juvenile Court Act of 1987.
        (13) To attend school and participate in
    extracurricular, cultural, and personal enrichment
    activities, consistent with the child's age and
    developmental level, with minimal disruptions to school
    attendance and educational stability.
        (14) To work and develop job skills at an
    age-appropriate level, consistent with State law.
        (15) To have social contacts with people outside of
    the foster care system, including teachers, church
    members, mentors, and friends.
        (16) If he or she meets age requirements, to attend
    services and programs operated by the Department of
    Children and Family Services or any other appropriate
    State agency that aim to help current and former foster
    youth achieve self-sufficiency prior to and after leaving
    foster care.
        (17) To attend court hearings and speak to the judge.
        (18) To have storage space for private use.
        (19) To be involved in the development of his or her
    own case plan and plan for permanent placement.
        (20) To review his or her own case plan and plan for
    permanent placement, if he or she is 12 years of age or
    older and in a permanent placement, and to receive
    information about his or her out-of-home placement and
    case plan, including being told of changes to the case
        (21) To be free from unreasonable searches of personal
        (22) To the confidentiality of all juvenile court
    records consistent with existing law.
        (23) To have fair and equal access to all available
    services, placement, care, treatment, and benefits, and to
    not be subjected to discrimination or harassment on the
    basis of actual or perceived race, ethnic group
    identification, ancestry, national origin, color,
    religion, sex, sexual orientation, gender identity, mental
    or physical disability, or HIV status.
        (24) To have caregivers and child welfare personnel
    who have received sensitivity training and instruction on
    matters concerning race, ethnicity, national origin,
    color, ancestry, religion, mental and physical disability,
    and HIV status.
        (25) To have caregivers and child welfare personnel
    who have received instruction on cultural competency and
    sensitivity relating to, and best practices for, providing
    adequate care to lesbian, gay, bisexual, and transgender
    youth in out-of-home care.
        (26) At 16 years of age or older, to have access to
    existing information regarding the educational options
    available, including, but not limited to, the coursework
    necessary for vocational and postsecondary educational
    programs, and information regarding financial aid for
    postsecondary education.
        (27) To have access to age-appropriate, medically
    accurate information about reproductive health care, the
    prevention of unplanned pregnancy, and the prevention and
    treatment of sexually transmitted infections at 12 years
    of age or older.
        (28) To receive a copy of this Act from and have it
    fully explained by the Department of Children and Family
    Services when the child or adult is placed in the care of
    the Department of Children and Family Services.
        (29) To be placed in the least restrictive and most
    family-like setting available and in close proximity to
    his or her parent's home consistent with his or her
    health, safety, best interests, and special needs.
        (30) To participate in an age and developmentally
    appropriate intake process immediately after placement in
    the custody or guardianship of the Department. During the
    intake process, the Department shall provide the youth
    with a document describing inappropriate acts of
    affection, discipline, and punishment by guardians, foster
    parents, foster siblings, or any other adult responsible
    for the youth's welfare. The Department shall review and
    discuss the document with the child. The Department must
    document completion of the intake process in the child's
    records as well as giving a copy of the document to the
        (31) To participate in appropriate intervention and
    counseling services after removal from the home of origin
    in order to assess whether the youth is exhibiting signs
    of traumatic stress, special needs, or mental illness.
        (32) To receive a home visit by an assigned child
    welfare specialist, per existing Department policies and
    procedures, on a monthly basis or more frequently as
    needed. In addition to what existing policies and
    procedures outline, home visits shall be used to assess
    the youth's well-being and emotional health following
    placement, to determine the youth's relationship with the
    youth's guardian or foster parent or with any other adult
    responsible for the youth's welfare or living in or
    frequenting the home environment, and to determine what
    forms of discipline, if any, the youth's guardian or
    foster parent or any other person in the home environment
    uses to correct the youth.
        (33) To be enrolled in an independent living services
    program prior to transitioning out of foster care where
    the youth will receive classes and instruction,
    appropriate to the youth's age and developmental capacity,
    on independent living and self-sufficiency in the areas of
    employment, finances, meals, and housing as well as help
    in developing life skills and long-term goals.
        (34) To be assessed by a third-party entity or agency
    prior to enrollment in any independent living services
    program in order to determine the youth's readiness for a
    transition out of foster care based on the youth's
    individual needs, emotional development, and ability,
    regardless of age, to make a successful transition to
(Source: P.A. 99-344, eff. 1-1-16; 100-189, eff. 1-1-18.)

Effective Date: 1/1/2023