[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 92-0334
HB0638 Enrolled LRB9204683JMmb
AN ACT concerning the Department of Children and Family
Services.
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 Sections 7, 7.3, and 35.6 and adding
Section 5d as follows:
(20 ILCS 505/5d new)
Sec. 5d. Advocacy Office for Children and Families. The
Department of Children and Family Services shall establish
and maintain an Advocacy Office for Children and Families
that shall, in addition to other duties assigned by the
Director, receive and respond to complaints that may be filed
by children, parents, caretakers, and relatives of children
receiving child welfare services from the Department of
Children and Family Services or its agents. The Department
shall promulgate policies and procedures for filing,
processing, investigating, and resolving the complaints. The
Department shall make a final report to the complainant of
its findings. If a final report is not completed, the
Department shall report on its disposition every 30 days.
The Advocacy Office shall include a statewide toll-free
telephone number that may be used to file complaints, or to
obtain information about the delivery of child welfare
services by the Department or its agents. This telephone
number shall be included in all appropriate notices and
handbooks regarding services available through the
Department.
(20 ILCS 505/7) (from Ch. 23, par. 5007)
Sec. 7. Placement of children; considerations.
(a) In placing any child under this Act, the Department
shall place such child, as far as possible, in the care and
custody of some individual holding the same religious belief
as the parents of the child, or with some child care facility
which is operated by persons of like religious faith as the
parents of such child.
(b) In placing a child under this Act, the Department
may place a child with a relative if the Department has
reason to believe that the relative will be able to
adequately provide for the child's safety and welfare. The
Department may not place a child with a relative, with the
exception of certain circumstances which may be waived as
defined by the Department in rules, if the results of a check
of the Law Enforcement Agency Data System (LEADS) identifies
a prior criminal conviction of the relative or any adult
member of the relative's household for any of the following
offenses under the Criminal Code of 1961:
(1) murder;
(1.1) solicitation of murder;
(1.2) solicitation of murder for hire;
(1.3) intentional homicide of an unborn child;
(1.4) voluntary manslaughter of an unborn child;
(1.5) involuntary manslaughter;
(1.6) reckless homicide;
(1.7) concealment of a homicidal death;
(1.8) involuntary manslaughter of an unborn child;
(1.9) reckless homicide of an unborn child;
(1.10) drug-induced homicide;
(2) a sex offense under Article 11, except offenses
described in Sections 11-7, 11-8, 11-12, and 11-13;
(3) kidnapping;
(3.1) aggravated unlawful restraint;
(3.2) forcible detention;
(3.3) aiding and abetting child abduction;
(4) aggravated kidnapping;
(5) child abduction;
(6) aggravated battery of a child;
(7) criminal sexual assault;
(8) aggravated criminal sexual assault;
(8.1) predatory criminal sexual assault of a child;
(9) criminal sexual abuse;
(10) aggravated sexual abuse;
(11) heinous battery;
(12) aggravated battery with a firearm;
(13) tampering with food, drugs, or cosmetics;
(14) drug-induced infliction of great bodily harm;
(15) aggravated stalking;
(16) home invasion;
(17) vehicular invasion;
(18) criminal transmission of HIV;
(19) criminal neglect of an elderly or disabled
person;
(20) child abandonment;
(21) endangering the life or health of a child;
(22) ritual mutilation;
(23) ritualized abuse of a child;
(24) an offense in any other state the elements of
which are similar and bear a substantial relationship to
any of the foregoing offenses.
For the purpose of this subsection, "relative" shall include
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 the 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. A relative with whom a child is placed
pursuant to this subsection may, but is not required to,
apply for licensure as a foster family home pursuant to the
Child Care Act of 1969; provided, however, that as of July 1,
1995, foster care payments shall be made only to licensed
foster family homes pursuant to the terms of Section 5 of
this Act.
(c) In placing a child under this Act, the Department
shall ensure that the child's health, safety, and best
interests are met in making a family foster care placement.
The Department shall consider the individual needs of the
child and the capacity of the prospective foster or adoptive
parents to meet the needs of the child. When a child must be
placed outside his or her home and cannot be immediately
returned to his or her parents or guardian, a comprehensive,
individualized assessment shall be performed of that child at
which time the needs of the child shall be determined. Only
if race, color, or national origin is identified as a
legitimate factor in advancing the child's best interests
shall it be considered. Race, color, or national origin
shall not be routinely considered in making a placement
decision. The Department shall make special efforts for the
diligent recruitment of potential foster and adoptive
families that reflect the ethnic and racial diversity of the
children for whom foster and adoptive homes are needed.
"Special efforts" shall include contacting and working with
community organizations and religious organizations and may
include contracting with those organizations, utilizing local
media and other local resources, and conducting outreach
activities.
(c-1) At the time of placement, the Department shall
consider concurrent planning, as described in subsection
(l-1) of Section 5, so that permanency may occur at the
earliest opportunity. Consideration should be given so that
if reunification fails or is delayed, the placement made is
the best available placement to provide permanency for the
child.
(d) The Department may accept gifts, grants, offers of
services, and other contributions to use in making special
recruitment efforts.
(e) The Department in placing children in adoptive or
foster care homes may not, in any policy or practice relating
to the placement of children for adoption or foster care,
discriminate against any child or prospective adoptive or
foster parent on the basis of race.
(Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-428, eff.
12-13-95; 89-462, eff. 5-29-96; 89-626, eff. 8-9-96; 90-27,
eff. 1-1-98; 90-28, eff. 1-1-98; 90-608, eff. 6-30-98.)
(20 ILCS 505/7.3)
Sec. 7.3. Placement plan. The Department shall develop
and implement a written plan for placing children. The plan
shall include at least the following features:
(1) A plan for recruiting minority adoptive and
foster families. The plan shall include strategies for
using existing resources in minority communities, use of
minority outreach staff whenever possible, use of
minority foster homes for placements after birth and
before adoption, and other techniques as appropriate.
(2) A plan for training adoptive and foster
families of minority children.
(3) A plan for employing social workers in adoption
and foster care. The plan shall include staffing goals
and objectives.
(4) A plan for ensuring that adoption and foster
care workers attend training offered or approved by the
Department regarding the State's goal of encouraging
cultural diversity and the needs of special needs
children.
(5) A plan that includes policies and procedures
for determining for each child requiring placement
outside of his or her home, and who cannot be immediately
returned to his or her parents or guardian, the placement
needs of that child. In the rare instance when an
individualized assessment identifies, documents, and
substantiates that race, color, or national origin is a
factor that needs to be considered in advancing a
particular child's best interests, it shall be considered
in making a placement.
(Source: P.A. 89-422.)
(20 ILCS 505/35.6)
Sec. 35.6. State-wide Foster parent state-wide,
toll-free telephone number.
(a) There shall be a State-wide, toll-free telephone
number for any person foster parents, whether or not mandated
by law, to report to the Inspector General of the Department,
suspected misconduct, malfeasance, misfeasance, or violations
of rules, procedures, or laws by Department employees,
service providers, or contractors that is detrimental to the
best interest of children receiving care, services, or
training from or who were committed to the Department as
allowed under Section 5 of this Act. Immediately upon
receipt of a telephone call regarding suspected abuse or
neglect of children, the Inspector General shall refer the
call to the Child Abuse and Neglect Hotline or to the State
Police as mandated by the Abused and Neglected Child
Reporting Act and Section 35.5 of this Act. A mandated
reporter shall not be relieved of his or her duty to report
incidents to the Child Abuse and Neglect Hotline referred to
in this subsection. The Inspector General shall also
establish rules and procedures for evaluating reports of
suspected misconduct and violation of rules and for
conducting an investigation of such reports.
(b) The Inspector General shall prepare and maintain
written records from the reporting source that shall contain
the following information to the extent known at the time the
report is made: (1) the names and addresses of the child and
the person responsible for the child's welfare; (2) the
nature of the misconduct and the detriment cause to the
child's best interest; (3) the names of the persons or
agencies responsible for the alleged misconduct. Any
investigation conducted by the Inspector General pursuant to
such information shall not duplicate and shall be separate
from the investigation mandated by the Abused and Neglected
Child Reporting Act. However, the Inspector General may
include the results of such investigation in reports compiled
under this Section. At the request of the reporting agent,
the Inspector General shall keep the identity of the
reporting agent strictly confidential from the operation of
the Department, until the Inspector General shall determine
what recommendations shall be made with regard to discipline
or sanction of the Department employee, service provider, or
contractor, with the exception of suspected child abuse or
neglect which shall be handled consistent with the Abused and
Neglected Child Reporting Act and Section 35.5 of this Act.
The Department shall take whatever steps are necessary to
assure that a person making a report in good faith under this
Section is not adversely affected solely on the basis of
having made such report.
(Source: P.A. 88-7; 88-491.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 15, 2001.
Approved August 10, 2001.
[ Top ]