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Public Act 103-0850


 

Public Act 0850 103RD GENERAL ASSEMBLY

 


 
Public Act 103-0850
 
HB5097 EnrolledLRB103 38538 KTG 68674 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 7.3b as follows:
 
    (20 ILCS 505/7.3b new)
    Sec. 7.3b. Case plan requirements for hair-related needs
of youth in care.
    (a) Purposes. Hair plays an important role in fostering
youths' connection to their race, culture, and identity.
Haircare promotes positive messages of self-worth, comfort,
and affection. Because these messages typically are developed
through interactions with family and community members, it is
necessary to establish a framework to ensure that youth in
care are not deprived of these messages and that caregivers
and appropriate child care facility staff are adequately
prepared to provide culturally competent haircare for youth.
    (b) Definitions. As used in this Section:
        (1) "Haircare" means all care related to the
    maintenance of hair, including, but not limited to, the
    daily maintenance routine, cutting, styling, or dying of
    hair.
        (2) "Culture" means the norms, traditions, and
    experiences of a person's community that inform that
    person's daily life and long-term goals.
        (3) "Identity" means the memories, experiences,
    relationships, and values that create one's sense of self.
    This amalgamation creates a steady sense of who one is
    over time, even as new facets are developed and
    incorporated into one's identity.
    (c) Haircare plan. Every case plan shall include a
Haircare Plan for each youth in care that is developed in
consultation with the youth based upon the youth's
developmental abilities, as well as with the youth's parents
or caregivers or appropriate child care facility staff if not
contrary to the youth's wishes, and that outlines any training
or resources required by the caregiver or appropriate child
care facility staff to meet the haircare needs of the youth. At
a minimum, the Haircare Plan must address:
        (1) necessary haircare steps to be taken to preserve
    the youth's desired connection to the youth's race,
    culture, gender, religion, and identity;
        (2) necessary steps to be taken specific to the
    youth's haircare needs during emergency and health
    situations; and
        (3) the desires of the youth as they pertain to the
    youth's haircare.
    A youth's Haircare Plan must be reviewed at the same time
as the case plan review required under Section 6a as well as
during monthly visits to ensure compliance with the Haircare
Plan and identify any needed changes.
    (d) By June 1, 2025, the Department shall develop training
and resources to make available for caregivers and appropriate
child care facility staff to provide culturally competent
haircare to youth in care.
    (e) By June 1, 2025, the Department must adopt rules to
facilitate the implementation of this Section.
 
    Section 10. The Foster Parent Law is amended by changing
Sections 1-15 and 1-20 as follows:
 
    (20 ILCS 520/1-15)
    Sec. 1-15. Foster parent rights. A foster parent's rights
include, but are not limited to, the following:
        (1) The right to be treated with dignity, respect, and
    consideration as a professional member of the child
    welfare team.
        (2) The right to be given standardized pre-service
    training and appropriate ongoing training to meet mutually
    assessed needs and improve the foster parent's skills.
        (3) The right to be informed as to how to contact the
    appropriate child placement agency in order to receive
    information and assistance to access supportive services
    for children in the foster parent's care.
        (4) The right to receive timely financial
    reimbursement commensurate with the care needs of the
    child as specified in the service plan.
        (5) The right to be provided a clear, written
    understanding of a placement agency's plan concerning the
    placement of a child in the foster parent's home. Inherent
    in this right is the foster parent's responsibility to
    support activities that will promote the child's right to
    relationships with the child's own family and cultural
    heritage.
        (6) The right to be provided a fair, timely, and
    impartial investigation of complaints concerning the
    foster parent's licensure, to be provided the opportunity
    to have a person of the foster parent's choosing present
    during the investigation, and to be provided due process
    during the investigation; the right to be provided the
    opportunity to request and receive mediation or an
    administrative review of decisions that affect licensing
    parameters, or both mediation and an administrative
    review; and the right to have decisions concerning a
    licensing corrective action plan specifically explained
    and tied to the licensing standards violated.
        (7) The right, at any time during which a child is
    placed with the foster parent, to receive additional or
    necessary information that is relevant to the care of the
    child.
        (7.5) The right to be given information concerning a
    child (i) from the Department as required under subsection
    (u) of Section 5 of the Children and Family Services Act
    and (ii) from a child welfare agency as required under
    subsection (c-5) of Section 7.4 of the Child Care Act of
    1969.
        (8) The right to be notified of scheduled meetings and
    staffings concerning the foster child in order to actively
    participate in the case planning and decision-making
    process regarding the child, including individual service
    planning meetings, administrative case reviews,
    interdisciplinary staffings, and individual educational
    planning meetings; the right to be informed of decisions
    made by the courts or the child welfare agency concerning
    the child; the right to provide input concerning the plan
    of services for the child and to have that input given full
    consideration in the same manner as information presented
    by any other professional on the team; and the right to
    communicate with other professionals who work with the
    foster child within the context of the team, including
    therapists, physicians, attending health care
    professionals, and teachers.
        (9) The right to be given, in a timely and consistent
    manner, any information a caseworker has regarding the
    child and the child's family which is pertinent to the
    care and needs of the child and to the making of a
    permanency plan for the child. Disclosure of information
    concerning the child's family shall be limited to that
    information that is essential for understanding the needs
    of and providing care to the child in order to protect the
    rights of the child's family. When a positive relationship
    exists between the foster parent and the child's family,
    the child's family may consent to disclosure of additional
    information.
        (10) The right to be given reasonable written notice
    of (i) any change in a child's case plan, (ii) plans to
    terminate the placement of the child with the foster
    parent, and (iii) the reasons for the change or
    termination in placement. The notice shall be waived only
    in cases of a court order or when the child is determined
    to be at imminent risk of harm.
        (11) The right to be notified in a timely and complete
    manner of all court hearings, including notice of the date
    and time of the court hearing, the name of the judge or
    hearing officer hearing the case, the location of the
    hearing, and the court docket number of the case; and the
    right to intervene in court proceedings or to seek
    mandamus under the Juvenile Court Act of 1987.
        (12) The right to be considered as a placement option
    when a foster child who was formerly placed with the
    foster parent is to be re-entered into foster care, if
    that placement is consistent with the best interest of the
    child and other children in the foster parent's home.
        (13) The right to have timely access to the child
    placement agency's existing appeals process and the right
    to be free from acts of harassment and retaliation by any
    other party when exercising the right to appeal.
        (14) The right to be informed of the Foster Parent
    Hotline established under Section 35.6 of the Children and
    Family Services Act and all of the rights accorded to
    foster parents concerning reports of misconduct by
    Department employees, service providers, or contractors,
    confidential handling of those reports, and investigation
    by the Inspector General appointed under Section 35.5 of
    the Children and Family Services Act.
        (15) The right to timely training necessary to meet
    the haircare needs of the children placed in the foster
    parent's care.
(Source: P.A. 103-22, eff. 8-8-23.)
 
    (20 ILCS 520/1-20)
    Sec. 1-20. Foster parent responsibilities. A foster
parent's responsibilities include, but are not limited to, the
following:
        (1) The responsibility to openly communicate and share
    information about the child with other members of the
    child welfare team.
        (2) The responsibility to respect the confidentiality
    of information concerning foster children and their
    families and act appropriately within applicable
    confidentiality laws and regulations.
        (3) The responsibility to advocate for children in the
    foster parent's care.
        (4) The responsibility to treat children in the foster
    parent's care and the children's families with dignity,
    respect, and consideration.
        (5) The responsibility to recognize the foster
    parent's own individual and familial strengths and
    limitations when deciding whether to accept a child into
    care; and the responsibility to recognize the foster
    parent's own support needs and utilize appropriate
    supports in providing care for foster children.
        (6) The responsibility to be aware of the benefits of
    relying on and affiliating with other foster parents and
    foster parent associations in improving the quality of
    care and service to children and families.
        (7) The responsibility to assess the foster parent's
    ongoing individual training needs and take action to meet
    those needs.
        (8) The responsibility to develop and assist in
    implementing strategies to prevent placement disruptions,
    recognizing the traumatic impact of placement disruptions
    on a foster child and all members of the foster family; and
    the responsibility to provide emotional support for the
    foster children and members of the foster family if
    preventive strategies fail and placement disruptions
    occur.
        (9) The responsibility to know the impact foster
    parenting has on individuals and family relationships; and
    the responsibility to endeavor to minimize, as much as
    possible, any stress that results from foster parenting.
        (10) The responsibility to know the rewards and
    benefits to children, parents, families, and society that
    come from foster parenting and to promote the foster
    parenting experience in a positive way.
        (11) The responsibility to know the roles, rights, and
    responsibilities of foster parents, other professionals in
    the child welfare system, the foster child, and the foster
    child's own family.
        (12) The responsibility to know and, as necessary,
    fulfill the foster parent's responsibility to serve as a
    mandated reporter of suspected child abuse or neglect
    under the Abused and Neglected Child Reporting Act; and
    the responsibility to know the child welfare agency's
    policy regarding allegations that foster parents have
    committed child abuse or neglect and applicable
    administrative rules and procedures governing
    investigations of those allegations.
        (13) The responsibility to know and receive training
    regarding the purpose of administrative case reviews,
    client service plans, and court processes, as well as any
    filing or time requirements associated with those
    proceedings; and the responsibility to actively
    participate in the foster parent's designated role in
    these proceedings.
        (14) The responsibility to know the child welfare
    agency's appeal procedure for foster parents and the
    rights of foster parents under the procedure.
        (15) The responsibility to know and understand the
    importance of maintaining accurate and relevant records
    regarding the child's history and progress; and the
    responsibility to be aware of and follow the procedures
    and regulations of the child welfare agency with which the
    foster parent is licensed or affiliated.
        (16) The responsibility to share information, through
    the child welfare team, with the subsequent caregiver
    (whether the child's parent or another substitute
    caregiver) regarding the child's adjustment in the foster
    parent's home.
        (17) The responsibility to provide care and services
    that are respectful of and responsive to the child's
    cultural needs and are supportive of the relationship
    between the child and the child's own family; the
    responsibility to recognize the increased importance of
    maintaining a child's cultural identity when the race or
    culture of the foster family differs from that of the
    foster child; the responsibility to provide haircare that
    preserves the child's desired connection to the child's
    race, culture, gender, religion, and identity; and the
    responsibility to take action to address these issues.
(Source: P.A. 103-22, eff. 8-8-23.)
 
    Section 15. 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 they are 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 siblings, 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
    their 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
    plan.
        (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 they meet 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 their own
    case plan and plan for permanent placement.
        (20) To review their own case plan and plan for
    permanent placement, if they are 12 years of age or older
    and in a permanent placement, and to receive information
    about their out-of-home placement and case plan, including
    being told of changes to the case plan.
        (21) To be free from unreasonable searches of personal
    belongings.
        (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
    their parent's home consistent with their 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
    child.
        (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
    adulthood.
        (35) To haircare that preserves the child's desired
    connection to the child's race, culture, gender, religion,
    and identity and to have a corresponding haircare plan
    established in accordance with Section 7.3b of the
    Children and Family Services Act. The Department must
    provide, in a timely and consistent manner, training for
    all caregivers and child welfare personnel on how to meet
    the haircare needs of children.
(Source: P.A. 102-810, eff. 1-1-23; 103-22, eff. 8-8-23.)

Effective Date: 1/1/2025