Public Act 90-0011 of the 90th General Assembly

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Public Act 90-0011

HB0056 Enrolled                                LRB9000709PTcw

    AN ACT to amend the Children and Family Services  Act  by
changing Section 5.

    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 Section 5 as follows:

    (20 ILCS 505/5) (from Ch. 23, par. 5005)
    (Text of Section before amendment by P.A. 89-507)
    Sec.  5.  To  provide  direct child welfare services when
not available through other public or private child  care  or
program facilities.
    (a)  For purposes of this Section:
         (1)  "Children" means persons found within the State
    who  are  under  the  age  of  18  years.   The term also
    includes persons under age 19 who:
              (A)  were committed to the Department  pursuant
         to  the Juvenile Court Act or the Juvenile Court Act
         of 1987, as amended, prior to the age of 18 and  who
         continue under the jurisdiction of the court; or
              (B)  were   accepted   for  care,  service  and
         training by the Department prior to the  age  of  18
         and  whose  best  interest  in the discretion of the
         Department would be served by continuing that  care,
         service  and  training  because  of severe emotional
         disturbances, physical disability, social adjustment
         or any combination thereof, or because of  the  need
         to  complete  an  educational or vocational training
         program.
         (2)  "Homeless youth" means persons found within the
    State who are under the age of 19, are not in a safe  and
    stable living situation and cannot be reunited with their
    families.
         (3)  "Child  welfare  services"  means public social
    services which are directed toward the accomplishment  of
    the following purposes:
              (A)  protecting  and  promoting  the welfare of
         children, including homeless, dependent or neglected
         children;
              (B)  preventing or remedying, or  assisting  in
         the  solution  of  problems which may result in, the
         neglect,  abuse,  exploitation  or  delinquency   of
         children;
              (C)  preventing  the  unnecessary separation of
         children from their families by  identifying  family
         problems,  assisting  families  in  resolving  their
         problems,  and  preventing the breakup of the family
         where the prevention of child removal  is  desirable
         and possible;
              (D)  restoring  to  their families children who
         have been removed, by the provision of  services  to
         the child and the families;
              (E)  placing   children  in  suitable  adoptive
         homes, in cases where restoration to the  biological
         family is not possible or appropriate;
              (F)  assuring  adequate  care  of children away
         from their homes, in cases where the child cannot be
         returned home or cannot be placed for adoption;
              (G)  providing supportive services  and  living
         maintenance   which   contribute  to  the  physical,
         emotional and social well-being of children who  are
         pregnant and unmarried;
              (H)  providing  shelter  and independent living
         services for homeless youth; and
              (I)  placing  and   maintaining   children   in
         facilities that provide separate living quarters for
         children  under  the  age  of 18 and for children 18
         years of age and older, unless a child 18  years  of
         age  is in the last year of high school education or
         vocational training, in an  approved  individual  or
         group  treatment  program,  or in a licensed shelter
         facility.  The Department is not required  to  place
         or maintain children:
                   (i)  who are in a foster home, or
                   (ii)  who are persons with a developmental
              disability, as defined in the Mental Health and
              Developmental Disabilities Code, or
                   (iii)  who  are  female  children  who are
              pregnant, pregnant and parenting or  parenting,
              or
                   (iv)  who are siblings,
         in  facilities that provide separate living quarters
         for children 18 years  of  age  and  older  and  for
         children under 18 years of age.
    (b)  Nothing  in  this  Section  shall  be  construed  to
authorize  the expenditure of public funds for the purpose of
performing abortions.
    (c)  The  Department   shall   establish   and   maintain
tax-supported  child  welfare services and extend and seek to
improve voluntary services throughout the State, to  the  end
that  services  and care shall be available on an equal basis
throughout the State to children requiring such services.
    (d)  The Director may authorize advance disbursements for
any new program initiative to any agency contracting with the
Department.   As a prerequisite for an advance  disbursement,
the contractor must post a surety bond in the amount  of  the
advance  disbursement and have a purchase of service contract
approved by the Department.  The Department may pay up  to  2
months  operational  expenses  in advance.  The amount of the
advance disbursement shall be prorated over the life  of  the
contract   or  the  remaining  months  of  the  fiscal  year,
whichever is less, and the installment amount shall  then  be
deducted    from    future   bills.    Advance   disbursement
authorizations for new initiatives shall not be made  to  any
agency  after  that  agency has operated during 2 consecutive
fiscal years.  The requirements of  this  Section  concerning
advance  disbursements  shall  not  apply with respect to the
following:  payments to local public agencies for  child  day
care  services  as  authorized by Section 5a of this Act; and
youth service programs receiving grant  funds  under  Section
17a-4.
    (e)  For  the  purpose  of  insuring effective state-wide
planning, development, and utilization of resources  for  the
day  care  of  children, operated under various auspices, the
Department is hereby designated to coordinate  all  day  care
activities for children of the State and shall:
         (1)  Develop  on  or  before  December  1, 1977, and
    update  every  year  thereafter,  a  state  comprehensive
    day-care  plan  for  submission  to  the  Governor  which
    identifies high-priority areas and groups, relating  them
    to   available   resources,   and  identifying  the  most
    effective approaches to the  use  of  existing  day  care
    services.  The State comprehensive day-care plan shall be
    made available to  the  General  Assembly  following  the
    Governor's approval  of the plan.
         The  plan  shall  include methods and procedures for
    the development of  additional  day  care  resources  for
    children  to  meet  the  goal  of  reducing short-run and
    long-run dependency and to provide  necessary  enrichment
    and  stimulation  to  the  education  of  young children.
    Recommendation shall be made for State policy on  optimum
    use  of  private  and  public,  local,  state and federal
    resources, including an estimate of the resources  needed
    for the licensing and regulation of day care facilities.
         A  written report shall be submitted to the Governor
    and the General Assembly,  annually,  on  April  15,  and
    shall  include  an  evaluation  of  developments over the
    preceding fiscal year, including cost-benefit analyses of
    various arrangements.  Beginning with the report in  1990
    and  every  2  years  thereafter,  the  report shall also
    include the following:
              (A)  An assessment of the child care  services,
         needs  and  available resources throughout the State
         and an assessment of the adequacy of existing  child
         care   services,  including,  but  not  limited  to,
         services assisted under this Act and under any other
         program administered by other State agencies.
              (B)  A  survey  of  day  care   facilities   to
         determine  the  number  of  qualified caregivers, as
         defined by rule, attracted to vacant  positions  and
         any problems encountered by facilities in attracting
         and retaining capable caregivers.
              (C)  The  average wages and salaries and fringe
         benefit packages paid to caregivers  throughout  the
         State, computed on a regional basis.
              (D)  The qualifications of new caregivers hired
         at  licensed day care facilities during the previous
         2 year period.
              (E)  Recommendations for  increasing  caregiver
         wages  and  salaries  to  insure  quality  care  for
         children.
              (F)  Evaluation of the fee structure and income
         eligibility for child care subsidized by the State.
         The   requirement   for  reporting  to  the  General
    Assembly shall be  satisfied  by  filing  copies  of  the
    report  with  the  Speaker,  the  Minority Leader and the
    Clerk of the House of Representatives and the  President,
    the  Minority  Leader and the Secretary of the Senate and
    the Legislative Research Unit, as required by Section 3.1
    of the General Assembly Organization Act, and filing such
    additional  copies  with  the  State  Government   Report
    Distribution  Center  for  the  General  Assembly  as  is
    required  under  paragraph  (t) of Section 7 of the State
    Library Act.
         (2)  Establish   policies   and    procedures    for
    developing  and  implementing interagency agreements with
    other agencies of the State providing child care services
    or reimbursement for such services.
         (3)  In  cooperation  with  other  State   agencies,
    develop  and implement a resource and referral system for
    the State of Illinois either within the Department or  by
    contract  with  local  or regional agencies.  Funding for
    implementation of this system  may  be  provided  through
    Department  appropriations  or other inter-agency funding
    arrangements. The  resource  and  referral  system  shall
    provide at least the following services:
              (A)  assembling  and maintaining a data base on
         the supply of child care services;
              (B)  providing information  and  referrals  for
         parents;
              (C)  coordinating  the development of new child
         care resources;
              (D)  providing   technical    assistance    and
         training to child care service providers; and
              (E)  recording  and  analyzing  the  demand for
         child care services.
         The Department shall complete implementation of this
    resource and referral system in all regions of the  State
    by January 1, 1992.
         (4)  Conduct  day  care planning activities with the
    following priorities:
              (A)  development   of   voluntary   day    care

         resources  wherever possible, with the provision for
         grants-in-aid only where demonstrated to  be  useful
         and necessary as incentives or supports;
              (B)  emphasis   on   service   to  children  of
         recipients of public assistance where  such  service
         will  allow  training  or  employment  of the parent
         toward achieving the goal of independence;
              (C)  maximum employment of recipients of public
         assistance in day care centers and day  care  homes,
         operated   in   conjunction   with  short-term  work
         training programs;
              (D)  care of children from families  in  stress
         and  crises whose members potentially may become, or
         are  in  danger  of  becoming,  non-productive   and
         dependent;
              (E)  expansion  of  family  day care facilities
         wherever possible;
              (F)  location  of   centers   in   economically
         depressed neighborhoods, preferably in multi-service
         centers with cooperation of other agencies;
              (G)  use  of existing facilities free of charge
         or for reasonable rental wherever possible  in  lieu
         of construction;
              (H)  development  of  strategies for assuring a
         more complete range of day care  options,  including
         provision  of day care services in homes, in schools
         or in centers, which will enable a parent or parents
         to complete a  course  of  education  or  obtain  or
         maintain employment.
         Emphasis  shall  be  given to support services which
    will help to ensure such parents'  graduation  from  high
    school  and  to  services for participants in the Project
    Chance program of job training conducted by the  Illinois
    Department of Public Aid.
         (5)  Actively  stimulate  the  development of public
    and private resources at the local level.  It shall  also
    seek the fullest utilization of federal funds directly or
    indirectly available to the Department.
    Where  appropriate, existing non-governmental agencies or
associations shall be involved in planning by the Department.
    (f)  The Department, pursuant  to  a  contract  with  the
Illinois  Department  of  Public  Aid, may provide child care
services  to  former  recipients  of  assistance  under   The
Illinois  Public  Aid  Code as authorized by Section 9-6.3 of
that Code.
    (g)  The Department shall establish rules and regulations
concerning its operation of programs  designed  to  meet  the
goals   of  child  protection,  family  preservation,  family
reunification, adoption and youth development, including  but
not limited to:
         (1)  adoption;
         (2)  foster care;
         (3)  family counseling;
         (4)  protective services;
         (5)  service to unwed mothers;
         (6)  homemaker service;
         (7)  return of runaway children;
         (8)  independent   living  skills  and  shelter  for
    homeless youth;
         (9)  placement under Section  5-7  of  the  Juvenile
    Court  Act  or  Section  2-27,  3-28, 4-25 or 5-29 of the
    Juvenile Court Act of 1987 in accordance with the federal
    Adoption Assistance and Child Welfare Act of 1980; and
         (10)  interstate services.
    Rules and regulations established by the Department shall
include provisions for  training  Department  staff  and  the
staff  of  Department  grantees, through contracts with other
agencies or resources, in alcohol and  drug  abuse  screening
techniques  to  identify  children  and  adults who should be
referred to an alcohol and drug abuse treatment  program  for
professional evaluation.
    (h)  If the Department finds that there is no appropriate
program or facility within or available to the Department for
a  ward and that no licensed private facility has an adequate
and appropriate program or none agrees to  accept  the  ward,
the  Department  shall  create an appropriate individualized,
program-oriented  plan  for  such  ward.   The  plan  may  be
developed  within  the  Department  or  through  purchase  of
services by the Department to the extent that  it  is  within
its statutory authority to do.
    (i)  Service  programs  shall be available throughout the
State and shall include but not be limited to  the  following
services:
         (1)  case management;
         (2)  homemakers;
         (3)  counseling;
         (4)  parent education;
         (5)  day care; and
         (6)  emergency assistance and advocacy.
    In addition, the following services may be made available
to assess and meet the needs of children and families:
         (1)  comprehensive family-based services;
         (2)  assessments;
         (3)  respite care; and
         (4)  in-home health services.
    The  Department  shall  provide transportation for any of
the services it makes available to children  or  families  or
for which it refers children or families.
    (j)  The Department may provide financial assistance, and
shall   establish   rules  and  regulations  concerning  such
assistance, to  persons  who  adopt  physically  or  mentally
handicapped,  older  and  other  hard-to-place  children  who
immediately  prior  to their adoption were legal wards of the
Department.   The  Department  may  also  provide   financial
assistance,  and  shall  establish  rules and regulations for
such assistance, to persons appointed guardian of the  person
under  Section 5-7 of the Juvenile Court Act or Section 2-27,
3-28, 4-25 or 5-29 of the Juvenile  Court  Act  of  1987  for
children  who  were  wards  of  the  Department for 12 months
immediately  prior  to  the  appointment  of  the   successor
guardian  and  for  whom  the  Department  has  set a goal of
permanent family placement with a foster family.
    The amount of assistance may  vary,  depending  upon  the
needs  of  the child and the adoptive parents, but must be at
least $25 less than the monthly cost of care of the child  in
a  foster  home,  as  set  forth  in  the  annual  assistance
agreement.   Special  purpose  grants  are  allowed where the
child requires special service but such costs may not  exceed
the  amounts which similar services would cost the Department
if it were to provide or  secure  them  as  guardian  of  the
child.
    Any  financial  assistance provided under this subsection
is inalienable by assignment,  sale,  execution,  attachment,
garnishment,  or  any other remedy for recovery or collection
of a judgment or debt.
    (k)  The Department shall accept for  care  and  training
any  child  who  has been adjudicated neglected or abused, or
dependent committed to it pursuant to the Juvenile Court  Act
or the Juvenile Court Act of 1987.
    (l)  Before July 1, 2000, the Department may provide, and
beginning  July 1, 2000, the Department shall provide, family
preservation services, as determined to be appropriate and in
the child's best interests and when the child will not be  in
imminent  risk  of  harm,  to any family whose child has been
placed in substitute care, any persons  who  have  adopted  a
child  and  require  post-adoption  services,  or any persons
whose child or children are at risk of being  placed  outside
their   home  as  documented  by  an  "indicated"  report  of
suspected child abuse or neglect determined pursuant  to  the
Abused  and  Neglected  Child  Reporting Act. Nothing in this
paragraph shall be construed to create  a  private  right  of
action  or  claim  on  the  part  of  any individual or child
welfare agency.
    The Department shall notify the child and his  family  of
the  Department's  responsibility to offer and provide family
preservation services as identified in the service plan.  The
child and his family shall be eligible for services  as  soon
as   the   report  is  determined  to  be  "indicated".   The
Department may offer services to any  child  or  family  with
respect  to whom a report of suspected child abuse or neglect
has been filed, prior to concluding its  investigation  under
Section 7.12 of the Abused and Neglected Child Reporting Act.
However,  the  child's  or  family's  willingness  to  accept
services  shall  not be considered in the investigation.  The
Department may also provide services to any child  or  family
who  is the subject of any report of suspected child abuse or
neglect or  may  refer  such  child  or  family  to  services
available  from  other agencies in the community, even if the
report is determined to be unfounded, if  the  conditions  in
the child's or family's home are reasonably likely to subject
the  child  or  family  to  future reports of suspected child
abuse or neglect.   Acceptance  of  such  services  shall  be
voluntary.
    The  Department  may,  at its discretion except for those
children also adjudicated neglected or dependent, accept  for
care   and  training  any  child  who  has  been  adjudicated
addicted, as a truant minor in need of supervision  or  as  a
minor   requiring   authoritative   intervention,  under  the
Juvenile Court Act or the Juvenile Court Act of 1987, but  no
such  child shall be committed to the Department by any court
without the approval of the Department.  A minor charged with
a criminal  offense  under  the  Criminal  Code  of  1961  or
adjudicated  delinquent shall not be placed in the custody of
or committed to the Department by any court, except  a  minor
less  than  13 years of age committed to the Department under
Section 5-23 of the Juvenile Court Act of 1987.
    (m)  The Department may assume temporary custody  of  any
child if:
         (1)  it  has  received  a  written  consent  to such
    temporary custody signed by the parents of the  child  or
    by  the parent having custody of the child if the parents
    are not living together or by the guardian  or  custodian
    of the child if the child is not in the custody of either
    parent, or
         (2)  the  child  is found in the State and neither a
    parent, guardian  nor  custodian  of  the  child  can  be
    located.
If  the  child  is  found  in  his or her residence without a
parent, guardian, custodian  or  responsible  caretaker,  the
Department  may,  instead  of removing the child and assuming
temporary custody, place an authorized representative of  the
Department  in  that  residence  until such time as a parent,
guardian  or  custodian  enters  the  home  and  expresses  a
willingness and apparent ability to resume  permanent  charge
of  the  child,  or  until  a relative enters the home and is
willing and able to  assume  charge  of  the  child  until  a
parent,  guardian  or custodian enters the home and expresses
such willingness and  ability  to  resume  permanent  charge.
After  a  caretaker has remained in the home for a period not
to  exceed  12  hours,  the  Department  must  follow   those
procedures  outlined  in Section 2-9, 3-11, 4-8 or 5-9 of the
Juvenile Court Act of 1987.
    The Department shall have the authority, responsibilities
and duties that a legal custodian of  the  child  would  have
pursuant  to  subsection  (9)  of Section 1-3 of the Juvenile
Court Act of 1987.  Whenever a child is taken into  temporary
custody  pursuant  to  an  investigation under the Abused and
Neglected Child Reporting Act, or pursuant to a referral  and
acceptance under the Juvenile Court Act of 1987 of a minor in
limited   custody,  the  Department,  during  the  period  of
temporary custody and before the child is  brought  before  a
judicial officer as required by Section 2-9, 3-11, 4-8 or 5-9
of  the Juvenile Court Act of 1987, shall have the authority,
responsibilities and duties that a  legal  custodian  of  the
child  would  have under subsection (9) of Section 1-3 of the
Juvenile Court Act of 1987.
    The Department shall ensure that  any  child  taken  into
custody  is  scheduled  for  an  appointment  for  a  medical
examination.
    A  parent,  guardian  or  custodian  of  a  child  in the
temporary custody of the Department who would have custody of
the child if he were not in  the  temporary  custody  of  the
Department  may  deliver  to  the Department a signed request
that the Department surrender the temporary  custody  of  the
child.    The  Department may retain temporary custody of the
child for 10 days after the receipt of  the  request,  during
which  period the Department may cause to be filed a petition
pursuant to the Juvenile Court Act of 1987.  If a petition is
so filed, the Department shall retain  temporary  custody  of
the child until the court orders otherwise.  If a petition is
not  filed  within  the  10  day  period,  the child shall be
surrendered to the custody of the requesting parent, guardian
or custodian not later than the  expiration  of  the  10  day
period,  at  which  time  the  authority  and  duties  of the
Department with respect to the temporary custody of the child
shall terminate.
    (n)  The Department may place children under 18 years  of
age  in licensed child care facilities when in the opinion of
the  Department,  appropriate  services   aimed   at   family
preservation  have  been unsuccessful or unavailable and such
placement would be for  their  best  interest.   Payment  for
board,  clothing, care, training and supervision of any child
placed in a licensed child care facility may be made  by  the
Department,  by  the  parents  or guardians of the estates of
those children, or by both the Department and the parents  or
guardians,  except  that  no  payments  shall  be made by the
Department for any child placed  in  a  licensed  child  care
facility  for board, clothing, care, training and supervision
of such a child that exceed the average per  capita  cost  of
maintaining  and  of  caring  for a child in institutions for
dependent or neglected children operated by  the  Department.
However, such restriction on payments does not apply in cases
where  children  require  specialized  care and treatment for
problems   of   severe   emotional   disturbance,    physical
disability, social adjustment, or any combination thereof and
suitable  facilities  for  the placement of such children are
not available at payment rates  within  the  limitations  set
forth  in  this  Section.  All  reimbursements  for  services
delivered  shall  be  absolutely  inalienable  by assignment,
sale, attachment, garnishment or otherwise.
    (o)  The Department  shall  establish  an  administrative
review  and  appeal  process  for  children  and families who
request  or  receive  child   welfare   services   from   the
Department.  Children who are wards of the Department and are
placed by private child welfare agencies, and foster families
with  whom  those  children are placed, shall be afforded the
same procedural and appeal rights as children and families in
the case of placement by the Department, including the  right
to  an   initial  review of a private agency decision by that
agency.  The Department shall insure that any  private  child
welfare  agency,  which  accepts  wards of the Department for
placement,  affords  those  rights  to  children  and  foster
families.  The Department  shall  accept  for  administrative
review  and  an appeal hearing a complaint made by a child or
foster family concerning  a  decision  following  an  initial
review  by  a  private  child welfare agency.  An appeal of a
decision concerning a change in  the  placement  of  a  child
shall be conducted in an expedited manner.
    (p)  There  is  hereby created the Department of Children
and Family Services Emergency Assistance Fund from which  the
Department   may  provide  special  financial  assistance  to
families which are in economic crisis when such assistance is
not available through other public or private sources and the
assistance is deemed necessary to prevent dissolution of  the
family  unit or to reunite families which have been separated
due  to  child  abuse  and  neglect.   The  Department  shall
establish administrative rules specifying  the  criteria  for
determining  eligibility  for  and  the  amount and nature of
assistance to be provided.  The  Department  may  also  enter
into  written  agreements  with  private  and  public  social
service  agencies  to provide emergency financial services to
families referred  by  the  Department.    Special  financial
assistance  payments  shall  be available to a family no more
than once during each fiscal year and the total payments to a
family may not exceed $500 during a fiscal year.
    (q)  The  Department  may  receive  and  use,  in   their
entirety,  for  the benefit of children any gift, donation or
bequest of money or  other  property  which  is  received  on
behalf  of  such children, or any financial benefits to which
such children are or may  become  entitled  while  under  the
jurisdiction or care of the Department.
    The  Department  shall  set  up  and  administer no-cost,
interest-bearing savings accounts  in  appropriate  financial
institutions  ("individual  accounts")  for children for whom
the Department is  legally  responsible  and  who  have  been
determined  eligible  for Veterans' Benefits, Social Security
benefits, assistance allotments from the armed forces,  court
ordered  payments,  parental voluntary payments, Supplemental
Security Income, Railroad  Retirement  payments,  Black  Lung
benefits,  or  other miscellaneous payments.  Interest earned
by each individual account shall be credited to the  account,
unless disbursed in accordance with this subsection.
    In  disbursing funds from children's individual accounts,
the Department shall:
         (1)  Establish standards in  accordance  with  State
    and  federal  laws  for  disbursing money from children's
    individual   accounts.    In   all   circumstances,   the
    Department's "Guardianship Administrator" or his  or  her
    designee   must  approve  disbursements  from  children's
    individual accounts.  The Department shall be responsible
    for keeping complete records  of  all  disbursements  for
    each individual account for any purpose.
         (2)  Calculate  on  a monthly basis the amounts paid
    from State funds for the child's board and care,  medical
    care not covered under Medicaid, and social services; and
    utilize  funds  from  the  child's individual account, as
    covered  by  regulation,  to   reimburse   those   costs.
    Monthly,  disbursements  from  all  children's individual
    accounts, up to 1/12 of $13,000,000, shall  be  deposited
    by  the  Department into the General Revenue Fund and the
    balance over 1/12 of $13,000,000 into the DCFS Children's
    Services Fund.
         (3)  Maintain   any    balance    remaining    after
    reimbursing  for  the child's costs of care, as specified
    in item (2). The balance shall accumulate  in  accordance
    with  relevant  State  and  federal  laws  and  shall  be
    disbursed  to the child or his or her guardian, or to the
    issuing agency.
    (r)  The   Department   shall   promulgate    regulations
encouraging  all  adoption agencies to voluntarily forward to
the Department or  its  agent  names  and  addresses  of  all
persons  who  have  applied  for  and  have been approved for
adoption of a hard-to-place  or  handicapped  child  and  the
names of such children who have not been placed for adoption.
A list of such names and addresses shall be maintained by the
Department  or  its agent, and coded lists which maintain the
confidentiality of the person seeking to adopt the child  and
of  the  child  shall  be  made available, without charge, to
every adoption agency in the State to assist the agencies  in
placing  such  children  for  adoption.  The  Department  may
delegate  to an agent its duty to maintain and make available
such lists.  The Department  shall  ensure  that  such  agent
maintains  the confidentiality of the person seeking to adopt
the child and of the child.
    (s)  The Department of Children and Family  Services  may
establish and implement a program to reimburse Department and
private  child  welfare agency foster parents licensed by the
Department  of  Children  and  Family  Services  for  damages
sustained by the foster parents as a result of the  malicious
or  negligent  acts  of foster children, as well as providing
third party coverage for such foster parents with  regard  to
actions  of  foster  children  to  other  individuals.   Such
coverage  will  be  secondary  to the foster parent liability
insurance policy, if applicable.  The program shall be funded
through  appropriations  from  the  General   Revenue   Fund,
specifically designated for such purposes.
    (t)  The   Department  shall  perform  home  studies  and
investigations and shall exercise supervision over visitation
as ordered by a court pursuant to the Illinois  Marriage  and
Dissolution of Marriage Act or the Adoption Act only if:
         (1)  an   order   entered   by   an  Illinois  court
    specifically  directs  the  Department  to  perform  such
    services; and
         (2)  the court  has  ordered  one  or  both  of  the
    parties to the proceeding to reimburse the Department for
    its  reasonable  costs  for  providing  such  services in
    accordance with Department rules, or has determined  that
    neither party is financially able to pay.
    The  Department shall provide written notification to the
court of the specific arrangements for supervised  visitation
and  projected  monthly  costs  within  60  days of the court
order. The Department shall send  to  the  court  information
related to the costs incurred except in cases where the court
has determined the parties are financially unable to pay. The
court may order additional periodic reports as appropriate.
    (u)  Whenever the Department places a child in a licensed
foster  home,  group  home,  child  care institution, or in a
relative home, the Department shall provide to the caretaker:
         (1)  available detailed information  concerning  the
    child's   educational   and  health  history,  copies  of
    immunization records  (including  insurance  and  medical
    card  information),  a  history  of  the child's previous
    placements, if any, and  reasons  for  placement  changes
    excluding  any information that identifies or reveals the
    location of any previous caretaker;
         (2)  a copy of the child's  portion  of  the  client
    service  plan,  including any visitation arrangement, and
    all amendments or revisions  to  it  as  related  to  the
    child; and
         (3)  information  containing  details of the child's
    individualized  educational  plan  when  the   child   is
    receiving special education services.
    The  caretaker  shall  be informed of any known social or
behavioral  information  (including,  but  not  limited   to,
criminal  background,  fire  setting,  perpetuation of sexual
abuse, destructive behavior, and substance  abuse)  necessary
to care for and safeguard the child.
    (u-5)  Effective   July   1,   1995,   only  foster  care
placements licensed as foster family homes  pursuant  to  the
Child  Care  Act  of 1969 shall be eligible to receive foster
care payments from the Department. Relative  caregivers  who,
as  of  July  1,  1995,  were  approved  pursuant to approved
relative  placement  rules  previously  promulgated  by   the
Department  at  89  Ill.  Adm.  Code 335 and had submitted an
application  for  licensure  as  a  foster  family  home  may
continue to receive  foster  care  payments  only  until  the
Department  determines  that they may be licensed as a foster
family home or that their application for licensure is denied
or until September 30, 1995, whichever occurs first.
    (v)  The Department shall access criminal history  record
information    as  defined in the Illinois Uniform Conviction
Information   Act   and   information   maintained   in   the
adjudicatory and dispositional record system  as  defined  in
subdivision  (A)19 of Section 55a of the Civil Administrative
Code of Illinois if the Department determines the information
is necessary to perform  its  duties  under  the  Abused  and
Neglected  Child  Reporting  Act, the Child Care Act of 1969,
and the Children and Family  Services  Act.   The  Department
shall  provide for interactive computerized communication and
processing   equipment   that    permits    direct    on-line
communication  with  the Department of State Police's central
criminal  history  data  repository.   The  Department  shall
comply  with  all  certification  requirements  and   provide
certified  operators  who have been trained by personnel from
the Department of State Police.  In addition, one  Office  of
the Inspector General investigator shall have training in the
use  of  the  criminal  history information access system and
have access to the terminal.  The Department of Children  and
Family  Services  and  its employees shall abide by rules and
regulations established by the  Department  of  State  Police
relating to the access and dissemination of this information.
    (w)  Within  120  days  of August 20, 1995 (the effective
date of Public Act 89-392), the Department shall prepare  and
submit  to  the  Governor and the General Assembly, a written
plan for the development of in-state  licensed  secure  child
care  facilities  that  care  for children who are in need of
secure living arrangements  for  their  health,  safety,  and
well-being.   For  purposes  of  this subsection, secure care
facility shall mean a facility that is designed and  operated
to  ensure  that all entrances and exits from the facility, a
building or a distinct part of the building,  are  under  the
exclusive  control  of  the staff of the facility, whether or
not  the  child  has  the  freedom  of  movement  within  the
perimeter of the facility, building, or distinct part of  the
building.   The  plan shall include descriptions of the types
of facilities that  are  needed  in  Illinois;  the  cost  of
developing these secure care facilities; the estimated number
of  placements; the potential cost savings resulting from the
movement of children currently out-of-state who are projected
to  be  returned  to  Illinois;  the   necessary   geographic
distribution  of these facilities in Illinois; and a proposed
timetable for development of such facilities.
(Source: P.A. 88-380; 88-398; 88-487;  88-614,  eff.  9-7-94;
88-670,  eff.  12-2-94;  89-21,  eff.  6-6-95;  89-392,  eff.
8-20-95; 89-626, eff. 8-9-96.)

    (Text of Section after amendment by P.A. 89-507)
    Sec.  5.  Direct  child  welfare  services; Department of
Children and Family Services. To provide direct child welfare
services when not available through other public  or  private
child care or program facilities.
    (a)  For purposes of this Section:
         (1)  "Children" means persons found within the State
    who  are  under  the  age  of  18  years.   The term also
    includes persons under age 19 who:
              (A)  were committed to the Department  pursuant
         to  the Juvenile Court Act or the Juvenile Court Act
         of 1987, as amended, prior to the age of 18 and  who
         continue under the jurisdiction of the court; or
              (B)  were   accepted   for  care,  service  and
         training by the Department prior to the  age  of  18
         and  whose  best  interest  in the discretion of the
         Department would be served by continuing that  care,
         service  and  training  because  of severe emotional
         disturbances, physical disability, social adjustment
         or any combination thereof, or because of  the  need
         to  complete  an  educational or vocational training
         program.
         (2)  "Homeless youth" means persons found within the
    State who are under the age of 19, are not in a safe  and
    stable living situation and cannot be reunited with their
    families.
         (3)  "Child  welfare  services"  means public social
    services which are directed toward the accomplishment  of
    the following purposes:
              (A)  protecting  and  promoting  the welfare of
         children, including homeless, dependent or neglected
         children;
              (B)  remedying, or assisting in the solution of
         problems which may result in,  the  neglect,  abuse,
         exploitation or delinquency of children;
              (C)  preventing  the  unnecessary separation of
         children from their families by  identifying  family
         problems,  assisting  families  in  resolving  their
         problems,  and  preventing the breakup of the family
         where the prevention of child removal  is  desirable
         and possible;
              (D)  restoring  to  their families children who
         have been removed, by the provision of  services  to
         the child and the families;
              (E)  placing   children  in  suitable  adoptive
         homes, in cases where restoration to the  biological
         family is not possible or appropriate;
              (F)  assuring  adequate  care  of children away
         from their homes, in cases where the child cannot be
         returned home or cannot be placed for adoption;
              (G)  (blank);
              (H)  (blank); and
              (I)  placing  and   maintaining   children   in
         facilities that provide separate living quarters for
         children  under  the  age  of 18 and for children 18
         years of age and older, unless a child 18  years  of
         age  is in the last year of high school education or
         vocational training, in an  approved  individual  or
         group  treatment  program,  or in a licensed shelter
         facility.  The Department is not required  to  place
         or maintain children:
                   (i)  who are in a foster home, or
                   (ii)  who are persons with a developmental
              disability, as defined in the Mental Health and
              Developmental Disabilities Code, or
                   (iii)  who  are  female  children  who are
              pregnant, pregnant and parenting or  parenting,
              or
                   (iv)  who are siblings,
         in  facilities that provide separate living quarters
         for children 18 years  of  age  and  older  and  for
         children under 18 years of age.
    (b)  Nothing  in  this  Section  shall  be  construed  to
authorize  the expenditure of public funds for the purpose of
performing abortions.
    (c)  The  Department   shall   establish   and   maintain
tax-supported  child  welfare services and extend and seek to
improve voluntary services throughout the State, to  the  end
that  services  and care shall be available on an equal basis
throughout the State to children requiring such services.
    (d)  The Director may authorize advance disbursements for
any new program initiative to any agency contracting with the
Department.   As a prerequisite for an advance  disbursement,
the contractor must post a surety bond in the amount  of  the
advance  disbursement and have a purchase of service contract
approved by the Department.  The Department may pay up  to  2
months  operational  expenses  in advance.  The amount of the
advance disbursement shall be prorated over the life  of  the
contract   or  the  remaining  months  of  the  fiscal  year,
whichever is less, and the installment amount shall  then  be
deducted    from    future   bills.    Advance   disbursement
authorizations for new initiatives shall not be made  to  any
agency  after  that  agency has operated during 2 consecutive
fiscal years.  The requirements of  this  Section  concerning
advance  disbursements  shall  not  apply with respect to the
following:  payments to local public agencies for  child  day
care  services  as  authorized by Section 5a of this Act; and
youth service programs receiving grant  funds  under  Section
17a-4.
    (e)  (Blank).
    (f)  (Blank).
    (g)  The Department shall establish rules and regulations
concerning  its  operation  of  programs designed to meet the
goals  of  child  protection,  family  preservation,   family
reunification, and adoption, including but not limited to:
         (1)  adoption;
         (2)  foster care;
         (3)  family counseling;
         (4)  protective services;
         (5)  (blank);
         (6)  homemaker service;
         (7)  return of runaway children;
         (8)  (blank);
         (9)  placement  under  Section  5-7  of the Juvenile
    Court Act or Section 2-27, 3-28,  4-25  or  5-29  of  the
    Juvenile Court Act of 1987 in accordance with the federal
    Adoption Assistance and Child Welfare Act of 1980; and
         (10)  interstate services.
    Rules and regulations established by the Department shall
include  provisions  for  training  Department  staff and the
staff of Department grantees, through  contracts  with  other
agencies  or  resources,  in alcohol and drug abuse screening
techniques to identify children  and  adults  who  should  be
referred  to  an alcohol and drug abuse treatment program for
professional evaluation.
    (h)  If the Department finds that there is no appropriate
program or facility within or available to the Department for
a ward and that no licensed private facility has an  adequate
and  appropriate  program  or none agrees to accept the ward,
the Department shall create  an  appropriate  individualized,
program-oriented  plan  for  such  ward.   The  plan  may  be
developed  within  the  Department  or  through  purchase  of
services  by  the  Department to the extent that it is within
its statutory authority to do.
    (i)  Service programs shall be available  throughout  the
State  and  shall include but not be limited to the following
services:
         (1)  case management;
         (2)  homemakers;
         (3)  counseling;
         (4)  parent education;
         (5)  day care; and
         (6)  emergency assistance and advocacy.
    In addition, the following services may be made available
to assess and meet the needs of children and families:
         (1)  comprehensive family-based services;
         (2)  assessments;
         (3)  respite care; and
         (4)  in-home health services.
    The Department shall provide transportation  for  any  of
the  services  it  makes available to children or families or
for which it refers children or families.
    (j)  The Department may provide financial assistance, and
shall  establish  rules  and  regulations   concerning   such
assistance,  to  persons  who  adopt  physically  or mentally
handicapped,  older  and  other  hard-to-place  children  who
immediately prior to their adoption were legal wards  of  the
Department.    The  Department  may  also  provide  financial
assistance, and shall establish  rules  and  regulations  for
such  assistance, to persons appointed guardian of the person
under Section 5-7 of the Juvenile Court Act or Section  2-27,
3-28,  4-25  or  5-29  of  the Juvenile Court Act of 1987 for
children who were wards  of  the  Department  for  12  months
immediately   prior  to  the  appointment  of  the  successor
guardian and for whom  the  Department  has  set  a  goal  of
permanent family placement with a foster family.
    The  amount  of  assistance  may vary, depending upon the
needs of the child and the adoptive parents, but must  be  at
least  $25 less than the monthly cost of care of the child in
a  foster  home,  as  set  forth  in  the  annual  assistance
agreement.  Special purpose  grants  are  allowed  where  the
child  requires special service but such costs may not exceed
the amounts which similar services would cost the  Department
if  it  were  to  provide  or  secure them as guardian of the
child.
    Any financial assistance provided under  this  subsection
is  inalienable  by  assignment, sale, execution, attachment,
garnishment, or any other remedy for recovery  or  collection
of a judgment or debt.
    (k)  The  Department  shall  accept for care and training
any child who has been adjudicated neglected  or  abused,  or
dependent  committed to it pursuant to the Juvenile Court Act
or the Juvenile Court Act of 1987.
    (l)  Before July 1, 2000, the Department may provide, and
beginning July 1, 2000, the Department shall provide,  family
preservation services, as determined to be appropriate and in
the  child's best interests and when the child will not be in
imminent risk of harm, to any family  whose  child  has  been
placed  in  substitute  care,  any persons who have adopted a
child and require  post-adoption  services,  or  any  persons
whose  child  or children are at risk of being placed outside
their  home  as  documented  by  an  "indicated"  report   of
suspected  child  abuse or neglect determined pursuant to the
Abused and Neglected Child Reporting  Act.  Nothing  in  this
paragraph  shall  be  construed  to create a private right of
action or claim on  the  part  of  any  individual  or  child
welfare agency.
    The  Department  shall notify the child and his family of
the Department's responsibility to offer and  provide  family
preservation services as identified in the service plan.  The
child  and  his family shall be eligible for services as soon
as  the  report  is  determined  to  be   "indicated".    The
Department  may  offer  services  to any child or family with
respect to whom a report of suspected child abuse or  neglect
has  been  filed, prior to concluding its investigation under
Section 7.12 of the Abused and Neglected Child Reporting Act.
However,  the  child's  or  family's  willingness  to  accept
services shall not be considered in the  investigation.   The
Department  may  also provide services to any child or family
who is the subject of any report of suspected child abuse  or
neglect  or  may  refer  such  child  or  family  to services
available from other agencies in the community, even  if  the
report  is  determined  to be unfounded, if the conditions in
the child's or family's home are reasonably likely to subject
the child or family to  future  reports  of  suspected  child
abuse  or  neglect.   Acceptance  of  such  services shall be
voluntary.
    The Department may, at its discretion  except  for  those
children  also adjudicated neglected or dependent, accept for
care  and  training  any  child  who  has  been   adjudicated
addicted,  as  a  truant minor in need of supervision or as a
minor  requiring  authoritative   intervention,   under   the
Juvenile  Court Act or the Juvenile Court Act of 1987, but no
such child shall be committed to the Department by any  court
without the approval of the Department.  A minor charged with
a  criminal  offense  under  the  Criminal  Code  of  1961 or
adjudicated delinquent shall not be placed in the custody  of
or  committed  to the Department by any court, except a minor
less than 13 years of age committed to the  Department  under
Section 5-23 of the Juvenile Court Act of 1987.
    (m)  The  Department  may assume temporary custody of any
child if:
         (1)  it has  received  a  written  consent  to  such
    temporary  custody  signed by the parents of the child or
    by the parent having custody of the child if the  parents
    are  not  living together or by the guardian or custodian
    of the child if the child is not in the custody of either
    parent, or
         (2)  the child is found in the State and  neither  a
    parent,  guardian  nor  custodian  of  the  child  can be
    located.
If the child is found in  his  or  her  residence  without  a
parent,  guardian,  custodian  or  responsible caretaker, the
Department may, instead of removing the  child  and  assuming
temporary  custody, place an authorized representative of the
Department in that residence until such  time  as  a  parent,
guardian  or  custodian  enters  the  home  and  expresses  a
willingness  and  apparent ability to resume permanent charge
of the child, or until a relative  enters  the  home  and  is
willing  and  able  to  assume  charge  of  the child until a
parent, guardian or custodian enters the home  and  expresses
such  willingness  and  ability  to  resume permanent charge.
After a caretaker has remained in the home for a  period  not
to   exceed  12  hours,  the  Department  must  follow  those
procedures outlined in Section 2-9, 3-11, 4-8 or 5-9  of  the
Juvenile Court Act of 1987.
    The Department shall have the authority, responsibilities
and  duties  that  a  legal custodian of the child would have
pursuant to subsection (9) of Section  1-3  of  the  Juvenile
Court  Act of 1987.  Whenever a child is taken into temporary
custody pursuant to an investigation  under  the  Abused  and
Neglected  Child Reporting Act, or pursuant to a referral and
acceptance under the Juvenile Court Act of 1987 of a minor in
limited  custody,  the  Department,  during  the  period   of
temporary  custody  and  before the child is brought before a
judicial officer as required by Section 2-9, 3-11, 4-8 or 5-9
of the Juvenile Court Act of 1987, shall have the  authority,
responsibilities  and  duties  that  a legal custodian of the
child would have under subsection (9) of Section 1-3  of  the
Juvenile Court Act of 1987.
    The  Department  shall  ensure  that any child taken into
custody  is  scheduled  for  an  appointment  for  a  medical
examination.
    A parent,  guardian  or  custodian  of  a  child  in  the
temporary custody of the Department who would have custody of
the  child  if  he  were  not in the temporary custody of the
Department may deliver to the  Department  a  signed  request
that  the  Department  surrender the temporary custody of the
child.  The Department may retain temporary  custody  of  the
child  for  10  days after the receipt of the request, during
which period the Department may cause to be filed a  petition
pursuant to the Juvenile Court Act of 1987.  If a petition is
so  filed,  the  Department shall retain temporary custody of
the child until the court orders otherwise.  If a petition is
not filed within the  10  day  period,  the  child  shall  be
surrendered to the custody of the requesting parent, guardian
or  custodian  not  later  than  the expiration of the 10 day
period, at  which  time  the  authority  and  duties  of  the
Department with respect to the temporary custody of the child
shall terminate.
    (n)  The  Department may place children under 18 years of
age in licensed child care facilities when in the opinion  of
the   Department,   appropriate   services  aimed  at  family
preservation have been unsuccessful or unavailable  and  such
placement  would  be  for  their  best interest.  Payment for
board, clothing, care, training and supervision of any  child
placed  in  a licensed child care facility may be made by the
Department, by the parents or guardians  of  the  estates  of
those  children, or by both the Department and the parents or
guardians, except that no  payments  shall  be  made  by  the
Department  for  any  child  placed  in a licensed child care
facility for board, clothing, care, training and  supervision
of  such  a  child that exceed the average per capita cost of
maintaining and of caring for a  child  in  institutions  for
dependent  or  neglected children operated by the Department.
However, such restriction on payments does not apply in cases
where children require specialized  care  and  treatment  for
problems    of   severe   emotional   disturbance,   physical
disability, social adjustment, or any combination thereof and
suitable facilities for the placement of  such  children  are
not  available  at  payment  rates within the limitations set
forth  in  this  Section.  All  reimbursements  for  services
delivered shall  be  absolutely  inalienable  by  assignment,
sale, attachment, garnishment or otherwise.
    (o)  The  Department  shall  establish  an administrative
review and appeal  process  for  children  and  families  who
request   or   receive   child   welfare  services  from  the
Department.  Children who are wards of the Department and are
placed by private child welfare agencies, and foster families
with whom those children are placed, shall  be  afforded  the
same procedural and appeal rights as children and families in
the  case of placement by the Department, including the right
to an  initial review of a private agency  decision  by  that
agency.   The  Department shall insure that any private child
welfare agency, which accepts wards  of  the  Department  for
placement,  affords  those  rights  to  children  and  foster
families.   The  Department  shall  accept for administrative
review and an appeal hearing a complaint made by a  child  or
foster  family  concerning  a  decision  following an initial
review by a private child welfare agency.   An  appeal  of  a
decision  concerning  a  change  in  the placement of a child
shall be conducted in an expedited manner.
    (p)  There is hereby created the Department  of  Children
and  Family Services Emergency Assistance Fund from which the
Department  may  provide  special  financial  assistance   to
families which are in economic crisis when such assistance is
not available through other public or private sources and the
assistance  is deemed necessary to prevent dissolution of the
family unit or to reunite families which have been  separated
due  to  child  abuse  and  neglect.   The  Department  shall
establish  administrative  rules  specifying the criteria for
determining eligibility for and  the  amount  and  nature  of
assistance  to  be  provided.   The Department may also enter
into  written  agreements  with  private  and  public  social
service agencies to provide emergency financial  services  to
families  referred  by  the  Department.    Special financial
assistance payments shall be available to a  family  no  more
than once during each fiscal year and the total payments to a
family may not exceed $500 during a fiscal year.
    (q)  The   Department  may  receive  and  use,  in  their
entirety, for the benefit of children any gift,  donation  or
bequest  of  money  or  other  property  which is received on
behalf of such children, or any financial benefits  to  which
such  children  are  or  may  become entitled while under the
jurisdiction or care of the Department.
    The Department  shall  set  up  and  administer  no-cost,
interest-bearing  savings  accounts  in appropriate financial
institutions ("individual accounts") for  children  for  whom
the  Department  is  legally  responsible  and  who have been
determined eligible for Veterans' Benefits,  Social  Security
benefits,  assistance allotments from the armed forces, court
ordered payments, parental voluntary  payments,  Supplemental
Security  Income,  Railroad  Retirement  payments, Black Lung
benefits, or other miscellaneous payments.   Interest  earned
by  each individual account shall be credited to the account,
unless disbursed in accordance with this subsection.
    In disbursing funds from children's individual  accounts,
the Department shall:
         (1)  Establish  standards  in  accordance with State
    and federal laws for  disbursing  money  from  children's
    individual   accounts.    In   all   circumstances,   the
    Department's  "Guardianship  Administrator" or his or her
    designee  must  approve  disbursements  from   children's
    individual accounts.  The Department shall be responsible
    for  keeping  complete  records  of all disbursements for
    each individual account for any purpose.
         (2)  Calculate on a monthly basis the  amounts  paid
    from  State funds for the child's board and care, medical
    care not covered under Medicaid, and social services; and
    utilize funds from the  child's  individual  account,  as
    covered   by   regulation,   to  reimburse  those  costs.
    Monthly, disbursements  from  all  children's  individual
    accounts,  up  to 1/12 of $13,000,000, shall be deposited
    by the Department into the General Revenue Fund  and  the
    balance over 1/12 of $13,000,000 into the DCFS Children's
    Services Fund.
         (3)  Maintain    any    balance    remaining   after
    reimbursing for the child's costs of care,  as  specified
    in  item  (2). The balance shall accumulate in accordance
    with  relevant  State  and  federal  laws  and  shall  be
    disbursed to the child or his or her guardian, or to  the
    issuing agency.
    (r)  The    Department   shall   promulgate   regulations
encouraging all adoption agencies to voluntarily  forward  to
the  Department  or  its  agent  names  and  addresses of all
persons who have applied  for  and  have  been  approved  for
adoption  of  a  hard-to-place  or  handicapped child and the
names of such children who have not been placed for adoption.
A list of such names and addresses shall be maintained by the
Department or its agent, and coded lists which  maintain  the
confidentiality  of the person seeking to adopt the child and
of the child shall be  made  available,  without  charge,  to
every  adoption agency in the State to assist the agencies in
placing  such  children  for  adoption.  The  Department  may
delegate to an agent its duty to maintain and make  available
such  lists.   The  Department  shall  ensure that such agent
maintains the confidentiality of the person seeking to  adopt
the child and of the child.
    (s)  The  Department  of Children and Family Services may
establish and implement a program to reimburse Department and
private child welfare agency foster parents licensed  by  the
Department  of  Children  and  Family  Services  for  damages
sustained  by the foster parents as a result of the malicious
or negligent acts of foster children, as  well  as  providing
third  party  coverage for such foster parents with regard to
actions  of  foster  children  to  other  individuals.   Such
coverage will be secondary to  the  foster  parent  liability
insurance policy, if applicable.  The program shall be funded
through   appropriations   from  the  General  Revenue  Fund,
specifically designated for such purposes.
    (t)  The  Department  shall  perform  home  studies   and
investigations and shall exercise supervision over visitation
as  ordered  by a court pursuant to the Illinois Marriage and
Dissolution of Marriage Act or the Adoption Act only if:
         (1)  an  order  entered   by   an   Illinois   court
    specifically  directs  the  Department  to  perform  such
    services; and
         (2)  the  court  has  ordered  one  or  both  of the
    parties to the proceeding to reimburse the Department for
    its reasonable  costs  for  providing  such  services  in
    accordance  with Department rules, or has determined that
    neither party is financially able to pay.
    The Department shall provide written notification to  the
court  of the specific arrangements for supervised visitation
and projected monthly costs  within  60  days  of  the  court
order.  The  Department  shall  send to the court information
related to the costs incurred except in cases where the court
has determined the parties are financially unable to pay. The
court may order additional periodic reports as appropriate.
    (u)  Whenever the Department places a child in a licensed
foster home, group home, child  care  institution,  or  in  a
relative home, the Department shall provide to the caretaker:
         (1)  available  detailed  information concerning the
    child's  educational  and  health  history,   copies   of
    immunization  records  (including  insurance  and medical
    card information), a  history  of  the  child's  previous
    placements,  if  any,  and  reasons for placement changes
    excluding any information that identifies or reveals  the
    location of any previous caretaker;
         (2)  a  copy  of  the  child's portion of the client
    service plan, including any visitation  arrangement,  and
    all  amendments  or  revisions  to  it  as related to the
    child; and
         (3)  information containing details of  the  child's
    individualized   educational   plan  when  the  child  is
    receiving special education services.
    The caretaker shall be informed of any  known  social  or
behavioral   information  (including,  but  not  limited  to,
criminal background, fire  setting,  perpetuation  of  sexual
abuse,  destructive  behavior, and substance abuse) necessary
to care for and safeguard the child.
    (u-5)  Effective  July  1,   1995,   only   foster   care
placements  licensed  as  foster family homes pursuant to the
Child Care Act of 1969 shall be eligible  to  receive  foster
care  payments  from the Department. Relative caregivers who,
as of July  1,  1995,  were  approved  pursuant  to  approved
relative   placement  rules  previously  promulgated  by  the
Department at 89 Ill. Adm. Code  335  and  had  submitted  an
application  for  licensure  as  a  foster  family  home  may
continue  to  receive  foster  care  payments  only until the
Department determines that they may be licensed as  a  foster
family home or that their application for licensure is denied
or until September 30, 1995, whichever occurs first.
    (v)  The  Department shall access criminal history record
information  as defined in the  Illinois  Uniform  Conviction
Information   Act   and   information   maintained   in   the
adjudicatory  and  dispositional  record system as defined in
subdivision (A)19 of Section 55a of the Civil  Administrative
Code of Illinois if the Department determines the information
is  necessary  to  perform  its  duties  under the Abused and
Neglected Child Reporting Act, the Child Care  Act  of  1969,
and  the  Children  and  Family Services Act.  The Department
shall provide for interactive computerized communication  and
processing    equipment    that    permits   direct   on-line
communication with the Department of State  Police's  central
criminal  history  data  repository.   The  Department  shall
comply   with  all  certification  requirements  and  provide
certified operators who have been trained by  personnel  from
the  Department  of State Police.  In addition, one Office of
the Inspector General investigator shall have training in the
use of the criminal history  information  access  system  and
have  access to the terminal.  The Department of Children and
Family Services and its employees shall abide  by  rules  and
regulations  established  by  the  Department of State Police
relating to the access and dissemination of this information.
    (w)  Within 120 days of August 20,  1995  (the  effective
date  of Public Act 89-392), the Department shall prepare and
submit to the Governor and the General  Assembly,  a  written
plan  for  the  development of in-state licensed secure child
care facilities that care for children who  are  in  need  of
secure  living  arrangements  for  their  health, safety, and
well-being.  For purposes of  this  subsection,  secure  care
facility  shall mean a facility that is designed and operated
to ensure that all entrances and exits from the  facility,  a
building  or  a  distinct part of the building, are under the
exclusive control of the staff of the  facility,  whether  or
not  the  child  has  the  freedom  of  movement  within  the
perimeter  of the facility, building, or distinct part of the
building.  The plan shall include descriptions of  the  types
of  facilities  that  are  needed  in  Illinois;  the cost of
developing these secure care facilities; the estimated number
of placements; the potential cost savings resulting from  the
movement of children currently out-of-state who are projected
to   be   returned  to  Illinois;  the  necessary  geographic
distribution of these facilities in Illinois; and a  proposed
timetable for development of such facilities.
(Source: P.A.  88-380;  88-398;  88-487; 88-614, eff. 9-7-94;
88-670,  eff.  12-2-94;  89-21,  eff.  6-6-95;  89-392,  eff.
8-20-95; 89-507, eff. 7-1-97; 89-626, eff. 8-9-96.)

    Section 95.  No acceleration or delay.   Where  this  Act
makes changes in a statute that is represented in this Act by
text  that  is not yet or no longer in effect (for example, a
Section represented by multiple versions), the  use  of  that
text  does  not  accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived  from
any other Public Act.

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