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Public Act 103-0850 Public Act 0850 103RD GENERAL ASSEMBLY | Public Act 103-0850 | HB5097 Enrolled | LRB103 38538 KTG 68674 b |
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| 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
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