Bill Text: IL HB0010 | 2025-2026 | 104th General Assembly | Introduced
Bill Title: Amends the Foster Children's Bill of Rights Act. Requires the Department of Children and Family Services to: (1) establish and maintain a decentralized supply of luggage to be used to transport the belongings of any child in the foster care system; and (2) develop procedures for the storage and distribution of luggage. Requires the Department to provide luggage to a child who is being removed from home or changing placement. Requires the Department, subject to appropriation, to purchase luggage that cannot otherwise be provided through grant or donation to ensure a sufficient supply of luggage for foster children. Provides that the Department shall submit an annual report to the Governor and the General Assembly that summarizes: (i) the number of times a trash bag was used to transport a foster child's personal belongings and the reasons the Department failed to provide the child with appropriate luggage; and (ii) the Department's supply inventory and inventory management practices for its luggage supply.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Introduced - Dead) 2025-02-18 - Added Co-Sponsor Rep. Harry Benton [HB0010 Detail]
Download: Illinois-2025-HB0010-Introduced.html
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| 1 | AN ACT concerning State government.
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| 2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||
| 3 | represented in the General Assembly:
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| 4 | Section 5. The Foster Children's Bill of Rights Act is | |||||||||||||||||||||
| 5 | amended by changing Section 5 and by adding Section 15 as | |||||||||||||||||||||
| 6 | follows:
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| 7 | (20 ILCS 521/5) | |||||||||||||||||||||
| 8 | Sec. 5. Foster Children's Bill of Rights. It is the policy | |||||||||||||||||||||
| 9 | of this State that every child and adult in the care of the | |||||||||||||||||||||
| 10 | Department of Children and Family Services who is placed in | |||||||||||||||||||||
| 11 | foster care shall have the following rights: | |||||||||||||||||||||
| 12 | (1) To live in a safe, healthy, and comfortable home | |||||||||||||||||||||
| 13 | where they are treated with respect. | |||||||||||||||||||||
| 14 | (2) To be free from physical, sexual, emotional, or | |||||||||||||||||||||
| 15 | other abuse, or corporal punishment. | |||||||||||||||||||||
| 16 | (3) To receive adequate and healthy food, adequate | |||||||||||||||||||||
| 17 | clothing, and, for youth in group homes, residential | |||||||||||||||||||||
| 18 | treatment facilities, and foster homes, an allowance. | |||||||||||||||||||||
| 19 | (4) To receive medical, dental, vision, and mental | |||||||||||||||||||||
| 20 | health services. | |||||||||||||||||||||
| 21 | (5) To be free of the administration of medication or | |||||||||||||||||||||
| 22 | chemical substances, unless authorized by a physician. | |||||||||||||||||||||
| 23 | (6) To contact family members, unless prohibited by | |||||||||||||||||||||
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| 1 | court order, and social workers, attorneys, foster youth | ||||||
| 2 | advocates and supporters, Court Appointed Special | ||||||
| 3 | Advocates (CASAs), and probation officers. | ||||||
| 4 | (7) To visit and contact siblings, unless prohibited | ||||||
| 5 | by court order. | ||||||
| 6 | (8) To contact the Advocacy Office for Children and | ||||||
| 7 | Families established under the Children and Family | ||||||
| 8 | Services Act or the Department of Children and Family | ||||||
| 9 | Services' Office of the Inspector General regarding | ||||||
| 10 | violations of rights, to speak to representatives of these | ||||||
| 11 | offices confidentially, and to be free from threats or | ||||||
| 12 | punishment for making complaints. | ||||||
| 13 | (9) To make and receive confidential telephone calls | ||||||
| 14 | and send and receive unopened mail, unless prohibited by | ||||||
| 15 | court order. | ||||||
| 16 | (10) To attend religious services and activities of | ||||||
| 17 | their choice. | ||||||
| 18 | (11) To maintain an emancipation bank account and | ||||||
| 19 | manage personal income, consistent with the child's age | ||||||
| 20 | and developmental level, unless prohibited by the case | ||||||
| 21 | plan. | ||||||
| 22 | (12) To not be locked in a room, building, or facility | ||||||
| 23 | premises, unless placed in a secure child care facility | ||||||
| 24 | licensed by the Department of Children and Family Services | ||||||
| 25 | under the Child Care Act of 1969 and placed pursuant to | ||||||
| 26 | Section 2-27.1 of the Juvenile Court Act of 1987. | ||||||
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| 1 | (13) To attend school and participate in | ||||||
| 2 | extracurricular, cultural, and personal enrichment | ||||||
| 3 | activities, consistent with the child's age and | ||||||
| 4 | developmental level, with minimal disruptions to school | ||||||
| 5 | attendance and educational stability. | ||||||
| 6 | (14) To work and develop job skills at an | ||||||
| 7 | age-appropriate level, consistent with State law. | ||||||
| 8 | (15) To have social contacts with people outside of | ||||||
| 9 | the foster care system, including teachers, church | ||||||
| 10 | members, mentors, and friends. | ||||||
| 11 | (16) If they meet age requirements, to attend services | ||||||
| 12 | and programs operated by the Department of Children and | ||||||
| 13 | Family Services or any other appropriate State agency that | ||||||
| 14 | aim to help current and former foster youth achieve | ||||||
| 15 | self-sufficiency prior to and after leaving foster care. | ||||||
| 16 | (17) To attend court hearings and speak to the judge. | ||||||
| 17 | (18) To have storage space for private use. | ||||||
| 18 | (19) To be involved in the development of their own | ||||||
| 19 | case plan and plan for permanent placement. | ||||||
| 20 | (20) To review their own case plan and plan for | ||||||
| 21 | permanent placement, if they are 12 years of age or older | ||||||
| 22 | and in a permanent placement, and to receive information | ||||||
| 23 | about their out-of-home placement and case plan, including | ||||||
| 24 | being told of changes to the case plan. | ||||||
| 25 | (21) To be free from unreasonable searches of personal | ||||||
| 26 | belongings. | ||||||
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| 1 | (22) To the confidentiality of all juvenile court | ||||||
| 2 | records consistent with existing law. | ||||||
| 3 | (23) To have fair and equal access to all available | ||||||
| 4 | services, placement, care, treatment, and benefits, and to | ||||||
| 5 | not be subjected to discrimination or harassment on the | ||||||
| 6 | basis of actual or perceived race, ethnic group | ||||||
| 7 | identification, ancestry, national origin, color, | ||||||
| 8 | religion, sex, sexual orientation, gender identity, mental | ||||||
| 9 | or physical disability, or HIV status. | ||||||
| 10 | (24) To have caregivers and child welfare personnel | ||||||
| 11 | who have received sensitivity training and instruction on | ||||||
| 12 | matters concerning race, ethnicity, national origin, | ||||||
| 13 | color, ancestry, religion, mental and physical disability, | ||||||
| 14 | and HIV status. | ||||||
| 15 | (25) To have caregivers and child welfare personnel | ||||||
| 16 | who have received instruction on cultural competency and | ||||||
| 17 | sensitivity relating to, and best practices for, providing | ||||||
| 18 | adequate care to lesbian, gay, bisexual, and transgender | ||||||
| 19 | youth in out-of-home care. | ||||||
| 20 | (26) At 16 years of age or older, to have access to | ||||||
| 21 | existing information regarding the educational options | ||||||
| 22 | available, including, but not limited to, the coursework | ||||||
| 23 | necessary for vocational and postsecondary educational | ||||||
| 24 | programs, and information regarding financial aid for | ||||||
| 25 | postsecondary education. | ||||||
| 26 | (27) To have access to age-appropriate, medically | ||||||
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| 1 | accurate information about reproductive health care, the | ||||||
| 2 | prevention of unplanned pregnancy, and the prevention and | ||||||
| 3 | treatment of sexually transmitted infections at 12 years | ||||||
| 4 | of age or older. | ||||||
| 5 | (28) To receive a copy of this Act from and have it | ||||||
| 6 | fully explained by the Department of Children and Family | ||||||
| 7 | Services when the child or adult is placed in the care of | ||||||
| 8 | the Department of Children and Family Services. | ||||||
| 9 | (29) To be placed in the least restrictive and most | ||||||
| 10 | family-like setting available and in close proximity to | ||||||
| 11 | their parent's home consistent with their health, safety, | ||||||
| 12 | best interests, and special needs. | ||||||
| 13 | (30) To participate in an age and developmentally | ||||||
| 14 | appropriate intake process immediately after placement in | ||||||
| 15 | the custody or guardianship of the Department. During the | ||||||
| 16 | intake process, the Department shall provide the youth | ||||||
| 17 | with a document describing inappropriate acts of | ||||||
| 18 | affection, discipline, and punishment by guardians, foster | ||||||
| 19 | parents, foster siblings, or any other adult responsible | ||||||
| 20 | for the youth's welfare. During the intake process, the | ||||||
| 21 | Department shall also provide the youth with luggage | ||||||
| 22 | suitable to transport the youth's personal belongings. The | ||||||
| 23 | Department shall review and discuss the document with the | ||||||
| 24 | youth child. The Department must document completion of | ||||||
| 25 | the intake process in the youth's child's records as well | ||||||
| 26 | as giving a copy of the document to the youth child. | ||||||
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| 1 | (31) To participate in appropriate intervention and | ||||||
| 2 | counseling services after removal from the home of origin | ||||||
| 3 | in order to assess whether the youth is exhibiting signs | ||||||
| 4 | of traumatic stress, special needs, or mental illness. | ||||||
| 5 | (32) To receive a home visit by an assigned child | ||||||
| 6 | welfare specialist, per existing Department policies and | ||||||
| 7 | procedures, on a monthly basis or more frequently as | ||||||
| 8 | needed. In addition to what existing policies and | ||||||
| 9 | procedures outline, home visits shall be used to assess | ||||||
| 10 | the youth's well-being and emotional health following | ||||||
| 11 | placement, to determine the youth's relationship with the | ||||||
| 12 | youth's guardian or foster parent or with any other adult | ||||||
| 13 | responsible for the youth's welfare or living in or | ||||||
| 14 | frequenting the home environment, and to determine what | ||||||
| 15 | forms of discipline, if any, the youth's guardian or | ||||||
| 16 | foster parent or any other person in the home environment | ||||||
| 17 | uses to correct the youth. | ||||||
| 18 | (33) To be enrolled in an independent living services | ||||||
| 19 | program prior to transitioning out of foster care where | ||||||
| 20 | the youth will receive classes and instruction, | ||||||
| 21 | appropriate to the youth's age and developmental capacity, | ||||||
| 22 | on independent living and self-sufficiency in the areas of | ||||||
| 23 | employment, finances, meals, and housing as well as help | ||||||
| 24 | in developing life skills and long-term goals. | ||||||
| 25 | (34) To be assessed by a third-party entity or agency | ||||||
| 26 | prior to enrollment in any independent living services | ||||||
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| 1 | program in order to determine the youth's readiness for a | ||||||
| 2 | transition out of foster care based on the youth's | ||||||
| 3 | individual needs, emotional development, and ability, | ||||||
| 4 | regardless of age, to make a successful transition to | ||||||
| 5 | adulthood. | ||||||
| 6 | (35) To hair care haircare that preserves the child's | ||||||
| 7 | desired connection to the child's race, culture, gender, | ||||||
| 8 | religion, and identity and to have a corresponding hair | ||||||
| 9 | care haircare plan established in accordance with Section | ||||||
| 10 | 7.3b of the Children and Family Services Act. The | ||||||
| 11 | Department must provide, in a timely and consistent | ||||||
| 12 | manner, training for all caregivers and child welfare | ||||||
| 13 | personnel on how to meet the hair care haircare needs of | ||||||
| 14 | children. | ||||||
| 15 | (Source: P.A. 102-810, eff. 1-1-23; 103-22, eff. 8-8-23; | ||||||
| 16 | 103-850, eff. 1-1-25; revised 11-21-24.)
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| 17 | (20 ILCS 521/15 new) | ||||||
| 18 | Sec. 15. Luggage. | ||||||
| 19 | (a) In this Section, "luggage" means a suitcase, duffel | ||||||
| 20 | bag, backpack, or similar container designed to hold an | ||||||
| 21 | individual's personal belongings. | ||||||
| 22 | (b) The Department shall: | ||||||
| 23 | (1) establish and maintain a decentralized supply of | ||||||
| 24 | luggage to be used to transport the belongings of any | ||||||
| 25 | child in the foster care system; and | ||||||
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| 1 | (2) develop procedures for the storage and | ||||||
| 2 | distribution of luggage. | ||||||
| 3 | (c) The Department shall provide luggage to a child who is | ||||||
| 4 | being removed from home or changing placement. Luggage | ||||||
| 5 | provided under this subsection belongs to the child it is | ||||||
| 6 | provided to and may not be reclaimed by the Department or | ||||||
| 7 | retained by the foster parent. The Department is not required | ||||||
| 8 | to provide new luggage under this subsection to a child who is | ||||||
| 9 | changing placement and has the luggage previously provided by | ||||||
| 10 | the Department. | ||||||
| 11 | (d) The Department shall, subject to appropriation, | ||||||
| 12 | purchase luggage that cannot otherwise be provided through | ||||||
| 13 | grant or donation to ensure a sufficient supply of luggage to | ||||||
| 14 | comply with subsections (b) and (c). Luggage so purchased | ||||||
| 15 | shall be purchased at a retail price of no greater than $150 | ||||||
| 16 | per bag. | ||||||
| 17 | (e) The Department shall maintain a record of each time a | ||||||
| 18 | trash bag is used to move a foster child's personal | ||||||
| 19 | belongings. The record must include the reason the Department | ||||||
| 20 | did not provide the child with appropriate luggage to move the | ||||||
| 21 | child's personal belongings. | ||||||
| 22 | (f) The Department shall submit an annual report to the | ||||||
| 23 | Governor and the General Assembly that includes a summary of: | ||||||
| 24 | (1) the number of times a trash bag was used to | ||||||
| 25 | transport a foster child's personal belongings and the | ||||||
| 26 | reasons the Department failed to provide the child with | ||||||
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| 1 | appropriate luggage; and | ||||||
| 2 | (2) the Department's supply inventory and inventory | ||||||
| 3 | management practices for the luggage supply maintained | ||||||
| 4 | under subsection (b). | ||||||
| 5 | (g) This subsection and subsection (f) are repealed on | ||||||
| 6 | January 1, 2028. | ||||||
