Bill Text: IL HB1551 | 2019-2020 | 101st General Assembly | Chaptered
Bill Title: Amends the Children and Family Services Act. Provides that whenever a child is placed in the custody or guardianship of the Department of Children and Family Services or a child is returned to the custody of a parent or guardian and the court retains jurisdiction of the case, the Department must ensure that the child is up to date on his or her well-child visits, including age-appropriate immunizations, or that there is a documented religious or medical reason the child did not receive the immunizations. Provides that whenever a child has been placed in foster or substitute care by court order and the court later determines that the child can return to the custody of his or her parent or guardian, the Department must complete, prior to the child's discharge from foster or substitute care, a home safety checklist to ensure that the conditions of the child's home are sufficient to ensure the child's safety and well-being, as defined in Department rules and procedures. Provides that at a minimum, the home safety checklist shall be completed within 24 hours prior to the child's return home and completed again or recertified in the absence of any environmental barriers or hazards within 5 working days after a child is returned home and every month thereafter until the child's case is closed pursuant to the Juvenile Court Act of 1987. Provides that when a court determines that a child should return to the custody or guardianship of a parent or guardian, any aftercare services provided to the child and the child's family by the Department or a purchase of service agency shall commence on the date upon which the child is returned to the custody or guardianship of his or her parent or guardian. If multiple children are returned at different times to the custody or guardianship of the parent or guardian, requires aftercare services to commence on the date upon which the last child returns home. Amends the Abused and Neglected Child Reporting Act. Provides that when a report is made by a mandated reporter to the statewide toll-free telephone number established under the Act and there is a prior indicated report of abuse or neglect and a prior open service case involving any member of the household, the Department must, at a minimum, accept the report as a child welfare services referral. Requires a child protective services investigation if the family refuses to cooperate or refuses access to the home or children and if the facts otherwise meet the criteria to accept a report. Provides that beginning one year after the effective date of the amendatory Act, and every 2 years thereafter, the Auditor General shall conduct a performance and compliance audit of the Department of Children and Family Services to determine whether the Department is meeting the requirements under the amendatory Act. Provides that upon completion of each audit, the Auditor General shall report its findings to the General Assembly. Requires the Auditor General's report to include any issues or deficiencies and recommendations.
Spectrum: Moderate Partisan Bill (Democrat 8-1)
Status: (Passed) 2019-08-09 - Public Act . . . . . . . . . 101-0237 [HB1551 Detail]
Download: Illinois-2019-HB1551-Chaptered.html
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Public Act 101-0237 | ||||
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AN ACT concerning courts.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Children and Family Services Act is amended | ||||
by adding Section 7.8 as follows:
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(20 ILCS 505/7.8 new) | ||||
Sec. 7.8. Home safety checklist; aftercare services; | ||||
immunization checks. | ||||
(a) As used in this Section, "purchase of service agency" | ||||
means any entity that contracts with the Department to provide | ||||
services that are consistent with the purposes of this Act. | ||||
(b) Whenever a child is placed in the custody or | ||||
guardianship of the Department or a child is returned to the | ||||
custody of a parent or guardian and the court retains | ||||
jurisdiction of the case, the Department must ensure that the | ||||
child is up to date on his or her well-child visits, including | ||||
age-appropriate immunizations, or that there is a documented | ||||
religious or medical reason the child did not receive the | ||||
immunizations. | ||||
(c) Whenever a child has been placed in foster or | ||||
substitute care by court order and the court later determines | ||||
that the child can return to the custody of his or her parent | ||||
or guardian, the Department must complete, prior to the child's |
discharge from foster or substitute care, a home safety | ||
checklist to ensure that the conditions of the child's home are | ||
sufficient to ensure the child's safety and well-being, as | ||
defined in Department rules and procedures. At a minimum, the | ||
home safety checklist shall be completed within 24 hours prior | ||
to the child's return home and completed again or recertified | ||
in the absence of any environmental barriers or hazards within | ||
5 working days after a child is returned home and every month | ||
thereafter until the child's case is closed pursuant to the | ||
Juvenile Court Act of 1987. The home safety checklist shall | ||
include a certification that there are no environmental | ||
barriers or hazards to prevent returning the child home. | ||
(d) When a court determines that a child should return to | ||
the custody or guardianship of a parent or guardian, any | ||
aftercare services provided to the child and the child's family | ||
by the Department or a purchase of service agency shall | ||
commence on the date upon which the child is returned to the | ||
custody or guardianship of his or her parent or guardian. If | ||
children are returned to the custody of a parent at different | ||
times, the Department or purchase of service agency shall | ||
provide a minimum of 6 months of aftercare services to each | ||
child commencing on the date each individual child is returned | ||
home. | ||
(e) One year after the effective date of this amendatory | ||
Act of the 101st General Assembly, the Auditor General shall | ||
commence a performance audit of the Department of Children and |
Family Services to determine whether the Department is meeting | ||
the requirements of this Section. Within 2 years after the | ||
audit's release, the Auditor General shall commence a follow-up | ||
performance audit to determine whether the Department has | ||
implemented the recommendations contained in the initial | ||
performance audit. Upon completion of each audit, the Auditor | ||
General shall report its findings to the General Assembly. The | ||
Auditor General's reports shall include any issues or | ||
deficiencies and recommendations. The audits required by this | ||
Section shall be in accordance with and subject to the Illinois | ||
State Auditing Act.
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Section 10. The Abused and Neglected Child Reporting Act is | ||
amended by adding Section 7.01 as follows:
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(325 ILCS 5/7.01 new) | ||
Sec. 7.01. Safety assessments for reports made by mandated | ||
reporters. | ||
(a) When a report is made by a mandated reporter to the | ||
statewide toll-free telephone number established under Section | ||
7.6 of this Act and there is a prior indicated report of abuse | ||
or neglect, or there is a prior open service case involving any | ||
member of the household, the Department must, at a minimum, | ||
accept the report as a child welfare services referral. If the | ||
family refuses to cooperate or refuses access to the home or | ||
children, then a child protective services investigation shall |
be initiated if the facts otherwise meet the criteria to accept | ||
a report. | ||
As used in this Section, "child welfare services referral" | ||
means an assessment of the family for service needs and linkage | ||
to available local community resources for the purpose of | ||
preventing or remedying or assisting in the solution of | ||
problems which may result in the neglect, abuse, exploitation, | ||
or delinquency of children, and as further defined in | ||
Department rules and procedures. | ||
As used in this Section, "prior open service case" means a | ||
case in which the Department has provided services to the | ||
family either directly or through a purchase of service agency. | ||
(b) One year after the effective date of this amendatory | ||
Act of the 101st General Assembly, the Auditor General shall | ||
commence a performance audit of the Department of Children and | ||
Family Services to determine whether the Department is meeting | ||
the requirements of this Section. Within 2 years after the | ||
audit's release, the Auditor General shall commence a follow-up | ||
performance audit to determine whether the Department has | ||
implemented the recommendations contained in the initial | ||
performance audit. Upon completion of each audit, the Auditor | ||
General shall report its findings to the General Assembly. The | ||
Auditor General's reports shall include any issues or | ||
deficiencies and recommendations. The audits required by this | ||
Section shall be in accordance with and subject to the Illinois | ||
State Auditing Act.
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