Bill Amendment: IL SB1746 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: DCFS-FICTIVE KIN
Status: 2017-08-11 - Public Act . . . . . . . . . 100-0101 [SB1746 Detail]
Download: Illinois-2017-SB1746-Senate_Amendment_001.html
Bill Title: DCFS-FICTIVE KIN
Status: 2017-08-11 - Public Act . . . . . . . . . 100-0101 [SB1746 Detail]
Download: Illinois-2017-SB1746-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 1746
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2 | AMENDMENT NO. ______. Amend Senate Bill 1746 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Children and Family Services Act is amended | ||||||
5 | by changing Section 7 as follows:
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6 | (20 ILCS 505/7) (from Ch. 23, par. 5007)
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7 | Sec. 7. Placement of children; considerations.
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8 | (a) In placing any child under this Act, the Department | ||||||
9 | shall place the
child, as far as possible, in the care and | ||||||
10 | custody of some individual
holding the same religious belief as | ||||||
11 | the parents of the child, or with some
child care facility | ||||||
12 | which is operated by persons of like religious faith as
the | ||||||
13 | parents of such child.
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14 | (a-5) In placing a child under this Act, the Department | ||||||
15 | shall place the child with the child's
sibling or siblings | ||||||
16 | under Section 7.4 of this Act unless the placement is not in |
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1 | each child's best
interest, or is otherwise not possible under | ||||||
2 | the Department's rules. If the child is not
placed with a | ||||||
3 | sibling under the Department's rules, the Department shall | ||||||
4 | consider
placements that are likely to develop, preserve, | ||||||
5 | nurture, and support sibling relationships, where
doing so is | ||||||
6 | in each child's best interest. | ||||||
7 | (b) In placing a child under this Act, the Department may | ||||||
8 | place a child
with a relative if the Department determines that | ||||||
9 | the relative
will be able to adequately provide for the child's | ||||||
10 | safety and welfare based on the factors set forth in the | ||||||
11 | Department's rules governing relative placements, and that the | ||||||
12 | placement is consistent with the child's best interests, taking | ||||||
13 | into consideration the factors set out in subsection (4.05) of | ||||||
14 | Section 1-3 of the Juvenile Court Act of 1987. | ||||||
15 | When the Department first assumes custody of a child, in | ||||||
16 | placing that child under this Act, the Department shall make | ||||||
17 | reasonable efforts to identify, locate, and provide notice to | ||||||
18 | all adult grandparents and other adult relatives of the child | ||||||
19 | who are ready, willing, and able to care for the child. At a | ||||||
20 | minimum, these efforts shall be renewed each time the child | ||||||
21 | requires a placement change and it is appropriate for the child | ||||||
22 | to be cared for in a home environment. The Department must | ||||||
23 | document its efforts to identify, locate, and provide notice to | ||||||
24 | such potential relative placements and maintain the | ||||||
25 | documentation in the child's case file. | ||||||
26 | If the Department determines that a placement with any |
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1 | identified relative is not in the child's best interests or | ||||||
2 | that the relative does not meet the requirements to be a | ||||||
3 | relative caregiver, as set forth in Department rules or by | ||||||
4 | statute, the Department must document the basis for that | ||||||
5 | decision and maintain the documentation in the child's case | ||||||
6 | file.
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7 | If, pursuant to the Department's rules, any person files an | ||||||
8 | administrative appeal of the Department's decision not to place | ||||||
9 | a child with a relative, it is the Department's burden to prove | ||||||
10 | that the decision is consistent with the child's best | ||||||
11 | interests. | ||||||
12 | When the Department determines that the child requires | ||||||
13 | placement in an environment, other than a home environment, the | ||||||
14 | Department shall continue to make reasonable efforts to | ||||||
15 | identify and locate relatives to serve as visitation resources | ||||||
16 | for the child and potential future placement resources, except | ||||||
17 | when the Department determines that those efforts would be | ||||||
18 | futile or inconsistent with the child's best interests. | ||||||
19 | If the Department determines that efforts to identify and | ||||||
20 | locate relatives would be futile or inconsistent with the | ||||||
21 | child's best interests, the Department shall document the basis | ||||||
22 | of its determination and maintain the documentation in the | ||||||
23 | child's case file. | ||||||
24 | If the Department determines that an individual or a group | ||||||
25 | of relatives are inappropriate to serve as visitation resources | ||||||
26 | or possible placement resources, the Department shall document |
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1 | the basis of its determination and maintain the documentation | ||||||
2 | in the child's case file. | ||||||
3 | When the Department determines that an individual or a | ||||||
4 | group of relatives are appropriate to serve as visitation | ||||||
5 | resources or possible future placement resources, the | ||||||
6 | Department shall document the basis of its determination, | ||||||
7 | maintain the documentation in the child's case file, create a | ||||||
8 | visitation or transition plan, or both, and incorporate the | ||||||
9 | visitation or transition plan, or both, into the child's case | ||||||
10 | plan. For the purpose of this subsection, any determination as | ||||||
11 | to the child's best interests shall include consideration of | ||||||
12 | the factors set out in subsection (4.05) of Section 1-3 of the | ||||||
13 | Juvenile Court Act of 1987.
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14 | The Department may not place a child with a relative, with | ||||||
15 | the exception of
certain circumstances which may be waived as | ||||||
16 | defined by the Department in
rules, if the results of a check | ||||||
17 | of the Law Enforcement Agencies
Data System (LEADS) identifies | ||||||
18 | a prior criminal conviction of the relative or
any adult member | ||||||
19 | of the relative's household for any of the following offenses
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20 | under the Criminal Code of 1961 or the Criminal Code of 2012:
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21 | (1) murder;
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22 | (1.1) solicitation of murder;
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23 | (1.2) solicitation of murder for hire;
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24 | (1.3) intentional homicide of an unborn child;
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25 | (1.4) voluntary manslaughter of an unborn child;
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26 | (1.5) involuntary manslaughter;
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1 | (1.6) reckless homicide;
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2 | (1.7) concealment of a homicidal death;
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3 | (1.8) involuntary manslaughter of an unborn child;
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4 | (1.9) reckless homicide of an unborn child;
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5 | (1.10) drug-induced homicide;
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6 | (2) a sex offense under Article 11, except offenses | ||||||
7 | described in Sections
11-7, 11-8, 11-12, 11-13, 11-35, | ||||||
8 | 11-40, and 11-45;
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9 | (3) kidnapping;
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10 | (3.1) aggravated unlawful restraint;
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11 | (3.2) forcible detention;
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12 | (3.3) aiding and abetting child abduction;
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13 | (4) aggravated kidnapping;
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14 | (5) child abduction;
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15 | (6) aggravated battery of a child as described in | ||||||
16 | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
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17 | (7) criminal sexual assault;
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18 | (8) aggravated criminal sexual assault;
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19 | (8.1) predatory criminal sexual assault of a child;
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20 | (9) criminal sexual abuse;
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21 | (10) aggravated sexual abuse;
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22 | (11) heinous battery as described in Section 12-4.1 or | ||||||
23 | subdivision (a)(2) of Section 12-3.05;
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24 | (12) aggravated battery with a firearm as described in | ||||||
25 | Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or | ||||||
26 | (e)(4) of Section 12-3.05;
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1 | (13) tampering with food, drugs, or cosmetics;
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2 | (14) drug-induced infliction of great bodily harm as | ||||||
3 | described in Section 12-4.7 or subdivision (g)(1) of | ||||||
4 | Section 12-3.05;
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5 | (15) aggravated stalking;
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6 | (16) home invasion;
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7 | (17) vehicular invasion;
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8 | (18) criminal transmission of HIV;
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9 | (19) criminal abuse or neglect of an elderly person or | ||||||
10 | person with a disability as described in Section 12-21 or | ||||||
11 | subsection (b) of Section 12-4.4a;
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12 | (20) child abandonment;
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13 | (21) endangering the life or health of a child;
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14 | (22) ritual mutilation;
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15 | (23) ritualized abuse of a child;
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16 | (24) an offense in any other state the elements of | ||||||
17 | which are similar and
bear a substantial relationship to | ||||||
18 | any of the foregoing offenses.
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19 | For the purpose of this subsection, "relative" shall | ||||||
20 | include
any person, 21 years of age or over, other than the | ||||||
21 | parent, who (i) is
currently related to the child in any of the | ||||||
22 | following ways by blood or
adoption: grandparent, sibling, | ||||||
23 | great-grandparent, uncle, aunt, nephew, niece,
first cousin, | ||||||
24 | second cousin, godparent, great-uncle, or great-aunt; or (ii) | ||||||
25 | is
the spouse of such a
relative; or (iii) is the child's | ||||||
26 | step-father, step-mother, or adult
step-brother or |
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1 | step-sister; or (iv) is a fictive kin; "relative" also includes | ||||||
2 | a person related in any
of the foregoing ways to a sibling of a | ||||||
3 | child, even though the person is not
related to the child, when | ||||||
4 | the
child and its sibling are placed together with that person. | ||||||
5 | For children who have been in the guardianship of the | ||||||
6 | Department, have been adopted, and are subsequently returned to | ||||||
7 | the temporary custody or guardianship of the Department, a | ||||||
8 | "relative" may also include any person who would have qualified | ||||||
9 | as a relative under this paragraph prior to the adoption, but | ||||||
10 | only if the Department determines, and documents, that it would | ||||||
11 | be in the child's best interests to consider this person a | ||||||
12 | relative, based upon the factors for determining best interests | ||||||
13 | set forth in subsection (4.05) of Section 1-3 of the Juvenile | ||||||
14 | Court Act of 1987. A relative with
whom a child is placed | ||||||
15 | pursuant to this subsection may, but is not required to,
apply | ||||||
16 | for licensure as a foster family home pursuant to the Child | ||||||
17 | Care Act of
1969; provided, however, that as of July 1, 1995, | ||||||
18 | foster care payments shall be
made only to licensed foster | ||||||
19 | family homes pursuant to the terms of Section 5 of
this Act.
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20 | Notwithstanding any other provision under this subsection | ||||||
21 | to the contrary, a fictive kin with whom a child is placed | ||||||
22 | pursuant to this subsection shall apply for licensure as a | ||||||
23 | foster family home pursuant to the Child Care Act of 1969 | ||||||
24 | within 6 months of the child's placement with the fictive kin. | ||||||
25 | The Department shall not remove a child from the home of a | ||||||
26 | fictive kin on the basis that the fictive kin fails to apply |
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1 | for licensure within 6 months of the child's placement with the | ||||||
2 | fictive kin, or fails to meet the standard for licensure. All | ||||||
3 | other requirements established under the rules and procedures | ||||||
4 | of the Department concerning the placement of a child, for whom | ||||||
5 | the Department is legally responsible, with a relative shall | ||||||
6 | apply. By June 1, 2015, the Department shall promulgate rules | ||||||
7 | establishing criteria and standards for placement, | ||||||
8 | identification, and licensure of fictive kin. | ||||||
9 | For purposes of this subsection, "fictive kin" means any | ||||||
10 | individual, unrelated by birth or marriage, who: | ||||||
11 | (i) is shown to have significant and close personal or | ||||||
12 | emotional ties with the child or the child's family prior | ||||||
13 | to the child's placement with the individual; or | ||||||
14 | (ii) is the current foster parent of a child in the | ||||||
15 | custody or guardianship of the Department pursuant to this | ||||||
16 | Act and the Juvenile Court Act of 1987, if the child has | ||||||
17 | been placed in the home for at least one year and has | ||||||
18 | established a significant and family-like relationship | ||||||
19 | with the foster parent, and the foster parent has been | ||||||
20 | identified by the Department as the child's permanent | ||||||
21 | connection, as defined by Department rule. | ||||||
22 | The provisions added to this subsection (b) by Public Act | ||||||
23 | 98-846 shall become operative on and after June 1, 2015. | ||||||
24 | (c) In placing a child under this Act, the Department shall | ||||||
25 | ensure that
the child's health, safety, and best interests are | ||||||
26 | met.
In rejecting placement of a child with an identified |
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1 | relative, the Department shall ensure that the child's health, | ||||||
2 | safety, and best interests are met. In evaluating the best | ||||||
3 | interests of the child, the Department shall take into | ||||||
4 | consideration the factors set forth in subsection (4.05) of | ||||||
5 | Section 1-3 of the Juvenile Court Act of 1987.
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6 | The Department shall consider the individual needs of the
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7 | child and the capacity of the prospective foster or adoptive
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8 | parents to meet the needs of the child. When a child must be | ||||||
9 | placed
outside his or her home and cannot be immediately | ||||||
10 | returned to his or her
parents or guardian, a comprehensive, | ||||||
11 | individualized assessment shall be
performed of that child at | ||||||
12 | which time the needs of the child shall be
determined. Only if | ||||||
13 | race, color, or national origin is identified as a
legitimate | ||||||
14 | factor in advancing the child's best interests shall it be
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15 | considered. Race, color, or national origin shall not be | ||||||
16 | routinely
considered in making a placement decision. The | ||||||
17 | Department shall make
special
efforts for the diligent | ||||||
18 | recruitment of potential foster and adoptive families
that | ||||||
19 | reflect the ethnic and racial diversity of the children for | ||||||
20 | whom foster
and adoptive homes are needed. "Special efforts" | ||||||
21 | shall include contacting and
working with community | ||||||
22 | organizations and religious organizations and may
include | ||||||
23 | contracting with those organizations, utilizing local media | ||||||
24 | and other
local resources, and conducting outreach activities.
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25 | (c-1) At the time of placement, the Department shall | ||||||
26 | consider concurrent
planning, as described in subsection (l-1) |
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1 | of Section 5, so that permanency may
occur at the earliest | ||||||
2 | opportunity. Consideration should be given so that if
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3 | reunification fails or is delayed, the placement made is the | ||||||
4 | best available
placement to provide permanency for the child. | ||||||
5 | To the extent that doing so is in the child's best interests as | ||||||
6 | set forth in subsection (4.05) of Section 1-3 of the Juvenile | ||||||
7 | Court Act of 1987, the Department should consider placements | ||||||
8 | that will permit the child to maintain a meaningful | ||||||
9 | relationship with his or her parents.
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10 | (d) The Department may accept gifts, grants, offers of | ||||||
11 | services, and
other contributions to use in making special | ||||||
12 | recruitment efforts.
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13 | (e) The Department in placing children in adoptive or | ||||||
14 | foster care homes
may not, in any policy or practice relating | ||||||
15 | to the placement of children for
adoption or foster care, | ||||||
16 | discriminate against any child or prospective adoptive
or | ||||||
17 | foster parent on the basis of race.
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18 | (Source: P.A. 98-846, eff. 1-1-15; 99-143, eff. 7-27-15; | ||||||
19 | 99-340, eff. 1-1-16; 99-642, eff. 7-28-16; 99-836, eff. | ||||||
20 | 1-1-17 .)
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21 | Section 99. Effective date. This Act takes effect upon | ||||||
22 | becoming law.".
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