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92nd General Assembly

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Public Act 92-0318

SB838 Enrolled                                 LRB9202586LDpr

    AN ACT in relation to child care.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  Child  Care  Act of 1969 is amended by
changing Section 2.17 as follows:

    (225 ILCS 10/2.17) (from Ch. 23, par. 2212.17)
    Sec. 2.17.  "Foster family home"  means  a  facility  for
child care in residences of families who receive no more than
8  children unrelated to them, unless all the children are of
common parentage, or residences of relatives who  receive  no
more than 8 related children placed by the Department, unless
the  children  are  of  common  parentage, for the purpose of
providing family care and training  for  the  children  on  a
full-time  basis,  except the Director of Children and Family
Services, pursuant to Department regulations, may  waive  the
limit  of 8 children unrelated to an adoptive family for good
cause and only  to  facilitate  an  adoptive  placement.  The
family's  or  relative's own children, under 18 years of age,
shall be  included  in  determining  the  maximum  number  of
children  served.  For purposes of this Section, a "relative"
includes any person, 21 years of age or over, other than  the
parent,  who  (i) is currently related to the child in any of
the  following  ways  by  blood  or  adoption:   grandparent,
sibling, great-grandparent, uncle, aunt, nephew, niece, first
cousin,  great-uncle, or great-aunt; or (ii) is the spouse of
such  a  relative;  or  (iii)  is  a   child's   step-father,
step-mother, or adult step-brother or step-sister; "relative"
also  includes  a person related in any of the foregoing ways
to a sibling of a  child,  even  though  the  person  is  not
related  to  the  child,  when  the child and its sibling are
placed together with that person.  The  term  "foster  family
home"    includes   homes   receiving   children   from   any
State-operated institution for child care; or from any agency
established by a municipality or other political  subdivision
of  the  State  of  Illinois  authorized  to provide care for
children outside their own homes.  The  term  "foster  family
home"  does not include an "adoption-only home" as defined in
Section 2.23 of this Act.  The types of foster  family  homes
are defined as follows:
    (a)  "Boarding  home"  means  a  foster family home which
receives payment for regular full-time care  of  a  child  or
children.
    (b)  "Free home" means a foster family home other than an
adoptive home which does not receive payments for the care of
a child or children.
    (c)  "Adoptive  home"  means  a  foster family home which
receives a child or children for the purpose of adopting  the
child or children.
    (d)  "Work-wage  home"  means  a foster family home which
receives a child or children who pay part  or  all  of  their
board by rendering some services to the family not prohibited
by  the Child Labor Law or by standards or regulations of the
Department prescribed under this Act. The child  or  children
may  receive  a wage in connection with the services rendered
the foster family.
    (e)  "Agency-supervised home" means a foster family  home
under  the direct and regular supervision of a licensed child
welfare agency, of the  Department  of  Children  and  Family
Services,  of  a  circuit court, or of any other State agency
which  has  authority  to  place  children  in   child   care
facilities,  and  which  receives  no  more  than 8 children,
unless of common parentage, who are placed and are  regularly
supervised by one of the specified agencies.
    (f)  "Independent home" means a foster family home, other
than  an  adoptive  home,  which  receives  no  more  than  4
children,  unless of common parentage, directly from parents,
or  other  legally  responsible   persons,   by   independent
arrangement  and  which  is not subject to direct and regular
supervision of a specified agency except as such  supervision
pertains to licensing by the Department.
(Source: P.A. 89-21, eff. 7-1-95.)

    (225 ILCS 10/2.23 new)
    Sec. 2.23.  "Adoption-only home" means a family home that
receives  only  children  whose parents' parental rights have
been terminated or surrendered for the  purpose  of  adoption
only.
    Passed in the General Assembly May 17, 2001.
    Approved August 09, 2001.

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