Bill Text: IL HB3119 | 2015-2016 | 99th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Children and Family Services Act and the Abused and Neglected Child Reporting Act. Adds the following instances in which the Department of Children and Family Services shall be deemed a child's legally authorized representative: (i) for purposes of consenting to emergency medical treatment for the child if the treatment itself does not involve a substantial risk of harm to the child, the failure to render such treatment will likely result in death or permanent harm to the child, and there is not time to apply for a court order under the Juvenile Court Act of 1987; and (ii) for purposes of consenting to an initial health screening for the child within 24 hours after the child is taken into temporary protective custody, or to any ordinary and routine care for the child that may be necessary and appropriate.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-04-24 - Rule 19(a) / Re-referred to Rules Committee [HB3119 Detail]
Download: Illinois-2015-HB3119-Introduced.html
Bill Title: Amends the Children and Family Services Act and the Abused and Neglected Child Reporting Act. Adds the following instances in which the Department of Children and Family Services shall be deemed a child's legally authorized representative: (i) for purposes of consenting to emergency medical treatment for the child if the treatment itself does not involve a substantial risk of harm to the child, the failure to render such treatment will likely result in death or permanent harm to the child, and there is not time to apply for a court order under the Juvenile Court Act of 1987; and (ii) for purposes of consenting to an initial health screening for the child within 24 hours after the child is taken into temporary protective custody, or to any ordinary and routine care for the child that may be necessary and appropriate.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-04-24 - Rule 19(a) / Re-referred to Rules Committee [HB3119 Detail]
Download: Illinois-2015-HB3119-Introduced.html
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1 | AN ACT concerning children.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Children and Family Services Act is amended | ||||||||||||||||||||||||||
5 | by changing Section 5 as follows:
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6 | (20 ILCS 505/5) (from Ch. 23, par. 5005)
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7 | Sec. 5. Direct child welfare services; Department of | ||||||||||||||||||||||||||
8 | Children and Family
Services. To provide direct child welfare | ||||||||||||||||||||||||||
9 | services when not available
through other public or private | ||||||||||||||||||||||||||
10 | child care or program facilities.
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11 | (a) For purposes of this Section:
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12 | (1) "Children" means persons found within the State who | ||||||||||||||||||||||||||
13 | are under the
age of 18 years. The term also includes | ||||||||||||||||||||||||||
14 | persons under age 21 who:
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15 | (A) were committed to the Department pursuant to | ||||||||||||||||||||||||||
16 | the
Juvenile Court Act or the Juvenile Court Act of | ||||||||||||||||||||||||||
17 | 1987, as amended, prior to
the age of 18 and who | ||||||||||||||||||||||||||
18 | continue under the jurisdiction of the court; or
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19 | (B) were accepted for care, service and training by
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20 | the Department prior to the age of 18 and whose best | ||||||||||||||||||||||||||
21 | interest in the
discretion of the Department would be | ||||||||||||||||||||||||||
22 | served by continuing that care,
service and training | ||||||||||||||||||||||||||
23 | because of severe emotional disturbances, physical
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1 | disability, social adjustment or any combination | ||||||
2 | thereof, or because of the
need to complete an | ||||||
3 | educational or vocational training program.
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4 | (2) "Homeless youth" means persons found within the
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5 | State who are under the age of 19, are not in a safe and | ||||||
6 | stable living
situation and cannot be reunited with their | ||||||
7 | families.
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8 | (3) "Child welfare services" means public social | ||||||
9 | services which are
directed toward the accomplishment of | ||||||
10 | the following purposes:
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11 | (A) protecting and promoting the health, safety | ||||||
12 | and welfare of
children,
including homeless, dependent | ||||||
13 | or neglected children;
| ||||||
14 | (B) remedying, or assisting in the solution
of | ||||||
15 | problems which may result in, the neglect, abuse, | ||||||
16 | exploitation or
delinquency of children;
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17 | (C) preventing the unnecessary separation of | ||||||
18 | children
from their families by identifying family | ||||||
19 | problems, assisting families in
resolving their | ||||||
20 | problems, and preventing the breakup of the family
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21 | where the prevention of child removal is desirable and | ||||||
22 | possible when the
child can be cared for at home | ||||||
23 | without endangering the child's health and
safety;
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24 | (D) restoring to their families children who have | ||||||
25 | been
removed, by the provision of services to the child | ||||||
26 | and the families when the
child can be cared for at |
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1 | home without endangering the child's health and
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2 | safety;
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3 | (E) placing children in suitable adoptive homes, | ||||||
4 | in
cases where restoration to the biological family is | ||||||
5 | not safe, possible or
appropriate;
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6 | (F) assuring safe and adequate care of children | ||||||
7 | away from their
homes, in cases where the child cannot | ||||||
8 | be returned home or cannot be placed
for adoption. At | ||||||
9 | the time of placement, the Department shall consider
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10 | concurrent planning,
as described in subsection (l-1) | ||||||
11 | of this Section so that permanency may
occur at the | ||||||
12 | earliest opportunity. Consideration should be given so | ||||||
13 | that if
reunification fails or is delayed, the | ||||||
14 | placement made is the best available
placement to | ||||||
15 | provide permanency for the child;
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16 | (G) (blank);
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17 | (H) (blank); and
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18 | (I) placing and maintaining children in facilities | ||||||
19 | that provide
separate living quarters for children | ||||||
20 | under the age of 18 and for children
18 years of age | ||||||
21 | and older, unless a child 18 years of age is in the | ||||||
22 | last
year of high school education or vocational | ||||||
23 | training, in an approved
individual or group treatment | ||||||
24 | program, in a licensed shelter facility,
or secure | ||||||
25 | child care facility.
The Department is not required to | ||||||
26 | place or maintain children:
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1 | (i) who are in a foster home, or
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2 | (ii) who are persons with a developmental | ||||||
3 | disability, as defined in
the Mental
Health and | ||||||
4 | Developmental Disabilities Code, or
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5 | (iii) who are female children who are | ||||||
6 | pregnant, pregnant and
parenting or parenting, or
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7 | (iv) who are siblings, in facilities that | ||||||
8 | provide separate living quarters for children 18
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9 | years of age and older and for children under 18 | ||||||
10 | years of age.
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11 | (b) Nothing in this Section shall be construed to authorize | ||||||
12 | the
expenditure of public funds for the purpose of performing | ||||||
13 | abortions.
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14 | (c) The Department shall establish and maintain | ||||||
15 | tax-supported child
welfare services and extend and seek to | ||||||
16 | improve voluntary services
throughout the State, to the end | ||||||
17 | that services and care shall be available
on an equal basis | ||||||
18 | throughout the State to children requiring such services.
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19 | (d) The Director may authorize advance disbursements for | ||||||
20 | any new program
initiative to any agency contracting with the | ||||||
21 | Department. As a
prerequisite for an advance disbursement, the | ||||||
22 | contractor must post a
surety bond in the amount of the advance | ||||||
23 | disbursement and have a
purchase of service contract approved | ||||||
24 | by the Department. The Department
may pay up to 2 months | ||||||
25 | operational expenses in advance. The amount of the
advance | ||||||
26 | disbursement shall be prorated over the life of the contract
or |
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1 | the remaining months of the fiscal year, whichever is less, and | ||||||
2 | the
installment amount shall then be deducted from future | ||||||
3 | bills. Advance
disbursement authorizations for new initiatives | ||||||
4 | shall not be made to any
agency after that agency has operated | ||||||
5 | during 2 consecutive fiscal years.
The requirements of this | ||||||
6 | Section concerning advance disbursements shall
not apply with | ||||||
7 | respect to the following: payments to local public agencies
for | ||||||
8 | child day care services as authorized by Section 5a of this | ||||||
9 | Act; and
youth service programs receiving grant funds under | ||||||
10 | Section 17a-4.
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11 | (e) (Blank).
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12 | (f) (Blank).
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13 | (g) The Department shall establish rules and regulations | ||||||
14 | concerning
its operation of programs designed to meet the goals | ||||||
15 | of child safety and
protection,
family preservation, family | ||||||
16 | reunification, and adoption, including but not
limited to:
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17 | (1) adoption;
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18 | (2) foster care;
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19 | (3) family counseling;
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20 | (4) protective services;
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21 | (5) (blank);
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22 | (6) homemaker service;
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23 | (7) return of runaway children;
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24 | (8) (blank);
| ||||||
25 | (9) placement under Section 5-7 of the Juvenile Court | ||||||
26 | Act or
Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile |
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1 | Court Act of 1987 in
accordance with the federal Adoption | ||||||
2 | Assistance and Child Welfare Act of
1980; and
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3 | (10) interstate services.
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4 | Rules and regulations established by the Department shall | ||||||
5 | include
provisions for training Department staff and the staff | ||||||
6 | of Department
grantees, through contracts with other agencies | ||||||
7 | or resources, in alcohol
and drug abuse screening techniques | ||||||
8 | approved by the Department of Human
Services, as a successor to | ||||||
9 | the Department of Alcoholism and Substance Abuse,
for the | ||||||
10 | purpose of identifying children and adults who
should be | ||||||
11 | referred to an alcohol and drug abuse treatment program for
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12 | professional evaluation.
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13 | (h) If the Department finds that there is no appropriate | ||||||
14 | program or
facility within or available to the Department for a | ||||||
15 | ward and that no
licensed private facility has an adequate and | ||||||
16 | appropriate program or none
agrees to accept the ward, the | ||||||
17 | Department shall create an appropriate
individualized, | ||||||
18 | program-oriented plan for such ward. The
plan may be developed | ||||||
19 | within the Department or through purchase of services
by the | ||||||
20 | Department to the extent that it is within its statutory | ||||||
21 | authority
to do.
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22 | (i) Service programs shall be available throughout the | ||||||
23 | State and shall
include but not be limited to the following | ||||||
24 | services:
| ||||||
25 | (1) case management;
| ||||||
26 | (2) homemakers;
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1 | (3) counseling;
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2 | (4) parent education;
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3 | (5) day care; and
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4 | (6) emergency assistance and advocacy.
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5 | In addition, the following services may be made available | ||||||
6 | to assess and
meet the needs of children and families:
| ||||||
7 | (1) comprehensive family-based services;
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8 | (2) assessments;
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9 | (3) respite care; and
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10 | (4) in-home health services.
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11 | The Department shall provide transportation for any of the | ||||||
12 | services it
makes available to children or families or for | ||||||
13 | which it refers children
or families.
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14 | (j) The Department may provide categories of financial | ||||||
15 | assistance and
education assistance grants, and shall
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16 | establish rules and regulations concerning the assistance and | ||||||
17 | grants, to
persons who
adopt physically or mentally | ||||||
18 | handicapped, older and other hard-to-place
children who (i) | ||||||
19 | immediately prior to their adoption were legal wards of
the | ||||||
20 | Department
or (ii) were determined eligible for financial | ||||||
21 | assistance with respect to a
prior adoption and who become | ||||||
22 | available for adoption because the
prior adoption has been | ||||||
23 | dissolved and the parental rights of the adoptive
parents have | ||||||
24 | been
terminated or because the child's adoptive parents have | ||||||
25 | died.
The Department may continue to provide financial | ||||||
26 | assistance and education assistance grants for a child who was |
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1 | determined eligible for financial assistance under this | ||||||
2 | subsection (j) in the interim period beginning when the child's | ||||||
3 | adoptive parents died and ending with the finalization of the | ||||||
4 | new adoption of the child by another adoptive parent or | ||||||
5 | parents. The Department may also provide categories of | ||||||
6 | financial
assistance and education assistance grants, and
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7 | shall establish rules and regulations for the assistance and | ||||||
8 | grants, to persons
appointed guardian of the person under | ||||||
9 | Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, | ||||||
10 | 4-25 or 5-740 of the Juvenile Court Act of 1987
for children | ||||||
11 | who were wards of the Department for 12 months immediately
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12 | prior to the appointment of the guardian.
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13 | The amount of assistance may vary, depending upon the needs | ||||||
14 | of the child
and the adoptive parents,
as set forth in the | ||||||
15 | annual
assistance agreement. Special purpose grants are | ||||||
16 | allowed where the child
requires special service but such costs | ||||||
17 | may not exceed the amounts
which similar services would cost | ||||||
18 | the Department if it were to provide or
secure them as guardian | ||||||
19 | of the child.
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20 | Any financial assistance provided under this subsection is
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21 | inalienable by assignment, sale, execution, attachment, | ||||||
22 | garnishment, or any
other remedy for recovery or collection of | ||||||
23 | a judgment or debt.
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24 | (j-5) The Department shall not deny or delay the placement | ||||||
25 | of a child for
adoption
if an approved family is available | ||||||
26 | either outside of the Department region
handling the case,
or |
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1 | outside of the State of Illinois.
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2 | (k) The Department shall accept for care and training any | ||||||
3 | child who has
been adjudicated neglected or abused, or | ||||||
4 | dependent committed to it pursuant
to the Juvenile Court Act or | ||||||
5 | the Juvenile Court Act of 1987.
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6 | (l) The Department shall
offer family preservation | ||||||
7 | services, as defined in Section 8.2 of the Abused
and
Neglected | ||||||
8 | Child
Reporting Act, to help families, including adoptive and | ||||||
9 | extended families.
Family preservation
services shall be | ||||||
10 | offered (i) to prevent the
placement
of children in
substitute | ||||||
11 | care when the children can be cared for at home or in the | ||||||
12 | custody of
the person
responsible for the children's welfare,
| ||||||
13 | (ii) to
reunite children with their families, or (iii) to
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14 | maintain an adoptive placement. Family preservation services | ||||||
15 | shall only be
offered when doing so will not endanger the | ||||||
16 | children's health or safety. With
respect to children who are | ||||||
17 | in substitute care pursuant to the Juvenile Court
Act of 1987, | ||||||
18 | family preservation services shall not be offered if a goal | ||||||
19 | other
than those of subdivisions (A), (B), or (B-1) of | ||||||
20 | subsection (2) of Section 2-28
of
that Act has been set.
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21 | Nothing in this paragraph shall be construed to create a | ||||||
22 | private right of
action or claim on the part of any individual | ||||||
23 | or child welfare agency, except that when a child is the | ||||||
24 | subject of an action under Article II of the Juvenile Court Act | ||||||
25 | of 1987 and the child's service plan calls for services to | ||||||
26 | facilitate achievement of the permanency goal, the court |
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1 | hearing the action under Article II of the Juvenile Court Act | ||||||
2 | of 1987 may order the Department to provide the services set | ||||||
3 | out in the plan, if those services are not provided with | ||||||
4 | reasonable promptness and if those services are available.
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5 | The Department shall notify the child and his family of the
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6 | Department's
responsibility to offer and provide family | ||||||
7 | preservation services as
identified in the service plan. The | ||||||
8 | child and his family shall be eligible
for services as soon as | ||||||
9 | the report is determined to be "indicated". The
Department may | ||||||
10 | offer services to any child or family with respect to whom a
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11 | report of suspected child abuse or neglect has been filed, | ||||||
12 | prior to
concluding its investigation under Section 7.12 of the | ||||||
13 | Abused and Neglected
Child Reporting Act. However, the child's | ||||||
14 | or family's willingness to
accept services shall not be | ||||||
15 | considered in the investigation. The
Department may also | ||||||
16 | provide services to any child or family who is the
subject of | ||||||
17 | any report of suspected child abuse or neglect or may refer | ||||||
18 | such
child or family to services available from other agencies | ||||||
19 | in the community,
even if the report is determined to be | ||||||
20 | unfounded, if the conditions in the
child's or family's home | ||||||
21 | are reasonably likely to subject the child or
family to future | ||||||
22 | reports of suspected child abuse or neglect. Acceptance
of such | ||||||
23 | services shall be voluntary. The Department may also provide | ||||||
24 | services to any child or family after completion of a family | ||||||
25 | assessment, as an alternative to an investigation, as provided | ||||||
26 | under the "differential response program" provided for in |
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1 | subsection (a-5) of Section 7.4 of the Abused and Neglected | ||||||
2 | Child Reporting Act.
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3 | The Department may, at its discretion except for those | ||||||
4 | children also
adjudicated neglected or dependent, accept for | ||||||
5 | care and training any child
who has been adjudicated addicted, | ||||||
6 | as a truant minor in need of
supervision or as a minor | ||||||
7 | requiring authoritative intervention, under the
Juvenile Court | ||||||
8 | Act or the Juvenile Court Act of 1987, but no such child
shall | ||||||
9 | be committed to the Department by any court without the | ||||||
10 | approval of
the Department. On and after the effective date of | ||||||
11 | this amendatory Act of the 98th General Assembly and before | ||||||
12 | January 1, 2017, a minor charged with a criminal offense under | ||||||
13 | the Criminal
Code of 1961 or the Criminal Code of 2012 or | ||||||
14 | adjudicated delinquent shall not be placed in the custody of or
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15 | committed to the Department by any court, except (i) a minor | ||||||
16 | less than 16 years
of age committed to the Department under | ||||||
17 | Section 5-710 of the Juvenile Court
Act
of 1987, (ii) a minor | ||||||
18 | for whom an independent basis of abuse, neglect, or dependency | ||||||
19 | exists, which must be defined by departmental rule, or (iii) a | ||||||
20 | minor for whom the court has granted a supplemental petition to | ||||||
21 | reinstate wardship pursuant to subsection (2) of Section 2-33 | ||||||
22 | of the Juvenile Court Act of 1987. On and after January 1, | ||||||
23 | 2017, a minor charged with a criminal offense under the | ||||||
24 | Criminal
Code of 1961 or the Criminal Code of 2012 or | ||||||
25 | adjudicated delinquent shall not be placed in the custody of or
| ||||||
26 | committed to the Department by any court, except (i) a minor |
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1 | less than 15 years
of age committed to the Department under | ||||||
2 | Section 5-710 of the Juvenile Court
Act
of 1987, ii) a minor | ||||||
3 | for whom an independent basis of abuse, neglect, or dependency | ||||||
4 | exists, which must be defined by departmental rule, or (iii) a | ||||||
5 | minor for whom the court has granted a supplemental petition to | ||||||
6 | reinstate wardship pursuant to subsection (2) of Section 2-33 | ||||||
7 | of the Juvenile Court Act of 1987. An independent basis exists | ||||||
8 | when the allegations or adjudication of abuse, neglect, or | ||||||
9 | dependency do not arise from the same facts, incident, or | ||||||
10 | circumstances which give rise to a charge or adjudication of | ||||||
11 | delinquency.
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12 | As soon as is possible after August 7, 2009 (the effective | ||||||
13 | date of Public Act 96-134), the Department shall develop and | ||||||
14 | implement a special program of family preservation services to | ||||||
15 | support intact, foster, and adoptive families who are | ||||||
16 | experiencing extreme hardships due to the difficulty and stress | ||||||
17 | of caring for a child who has been diagnosed with a pervasive | ||||||
18 | developmental disorder if the Department determines that those | ||||||
19 | services are necessary to ensure the health and safety of the | ||||||
20 | child. The Department may offer services to any family whether | ||||||
21 | or not a report has been filed under the Abused and Neglected | ||||||
22 | Child Reporting Act. The Department may refer the child or | ||||||
23 | family to services available from other agencies in the | ||||||
24 | community if the conditions in the child's or family's home are | ||||||
25 | reasonably likely to subject the child or family to future | ||||||
26 | reports of suspected child abuse or neglect. Acceptance of |
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1 | these services shall be voluntary. The Department shall develop | ||||||
2 | and implement a public information campaign to alert health and | ||||||
3 | social service providers and the general public about these | ||||||
4 | special family preservation services. The nature and scope of | ||||||
5 | the services offered and the number of families served under | ||||||
6 | the special program implemented under this paragraph shall be | ||||||
7 | determined by the level of funding that the Department annually | ||||||
8 | allocates for this purpose. The term "pervasive developmental | ||||||
9 | disorder" under this paragraph means a neurological condition, | ||||||
10 | including but not limited to, Asperger's Syndrome and autism, | ||||||
11 | as defined in the most recent edition of the Diagnostic and | ||||||
12 | Statistical Manual of Mental Disorders of the American | ||||||
13 | Psychiatric Association. | ||||||
14 | (l-1) The legislature recognizes that the best interests of | ||||||
15 | the child
require that
the child be placed in the most | ||||||
16 | permanent living arrangement as soon as is
practically
| ||||||
17 | possible. To achieve this goal, the legislature directs the | ||||||
18 | Department of
Children and
Family Services to conduct | ||||||
19 | concurrent planning so that permanency may occur at
the
| ||||||
20 | earliest opportunity. Permanent living arrangements may | ||||||
21 | include prevention of
placement of a child outside the home of | ||||||
22 | the family when the child can be cared
for at
home without | ||||||
23 | endangering the child's health or safety; reunification with | ||||||
24 | the
family,
when safe and appropriate, if temporary placement | ||||||
25 | is necessary; or movement of
the child
toward the most | ||||||
26 | permanent living arrangement and permanent legal status.
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1 | When determining reasonable efforts to be made with respect | ||||||
2 | to a child, as
described in this
subsection, and in making such | ||||||
3 | reasonable efforts, the child's health and
safety shall be the
| ||||||
4 | paramount concern.
| ||||||
5 | When a child is placed in foster care, the Department shall | ||||||
6 | ensure and
document that reasonable efforts were made to | ||||||
7 | prevent or eliminate the need to
remove the child from the | ||||||
8 | child's home. The Department must make
reasonable efforts to | ||||||
9 | reunify the family when temporary placement of the child
occurs
| ||||||
10 | unless otherwise required, pursuant to the Juvenile Court Act | ||||||
11 | of 1987.
At any time after the dispositional hearing where the | ||||||
12 | Department believes
that further reunification services would | ||||||
13 | be ineffective, it may request a
finding from the court that | ||||||
14 | reasonable efforts are no longer appropriate. The
Department is | ||||||
15 | not required to provide further reunification services after | ||||||
16 | such
a
finding.
| ||||||
17 | A decision to place a child in substitute care shall be | ||||||
18 | made with
considerations of the child's health, safety, and | ||||||
19 | best interests. At the
time of placement, consideration should | ||||||
20 | also be given so that if reunification
fails or is delayed, the | ||||||
21 | placement made is the best available placement to
provide | ||||||
22 | permanency for the child.
| ||||||
23 | The Department shall adopt rules addressing concurrent | ||||||
24 | planning for
reunification and permanency. The Department | ||||||
25 | shall consider the following
factors when determining | ||||||
26 | appropriateness of concurrent planning:
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| |||||||
1 | (1) the likelihood of prompt reunification;
| ||||||
2 | (2) the past history of the family;
| ||||||
3 | (3) the barriers to reunification being addressed by | ||||||
4 | the family;
| ||||||
5 | (4) the level of cooperation of the family;
| ||||||
6 | (5) the foster parents' willingness to work with the | ||||||
7 | family to reunite;
| ||||||
8 | (6) the willingness and ability of the foster family to | ||||||
9 | provide an
adoptive
home or long-term placement;
| ||||||
10 | (7) the age of the child;
| ||||||
11 | (8) placement of siblings.
| ||||||
12 | (m) The Department may assume temporary custody of any | ||||||
13 | child if:
| ||||||
14 | (1) it has received a written consent to such temporary | ||||||
15 | custody
signed by the parents of the child or by the parent | ||||||
16 | having custody of the
child if the parents are not living | ||||||
17 | together or by the guardian or
custodian of the child if | ||||||
18 | the child is not in the custody of either
parent, or
| ||||||
19 | (2) the child is found in the State and neither a | ||||||
20 | parent,
guardian nor custodian of the child can be located.
| ||||||
21 | If the child is found in his or her residence without a parent, | ||||||
22 | guardian,
custodian or responsible caretaker, the Department | ||||||
23 | may, instead of removing
the child and assuming temporary | ||||||
24 | custody, place an authorized
representative of the Department | ||||||
25 | in that residence until such time as a
parent, guardian or | ||||||
26 | custodian enters the home and expresses a willingness
and |
| |||||||
| |||||||
1 | apparent ability to ensure the child's health and safety and | ||||||
2 | resume
permanent
charge of the child, or until a
relative | ||||||
3 | enters the home and is willing and able to ensure the child's | ||||||
4 | health
and
safety and assume charge of the
child until a | ||||||
5 | parent, guardian or custodian enters the home and expresses
| ||||||
6 | such willingness and ability to ensure the child's safety and | ||||||
7 | resume
permanent charge. After a caretaker has remained in the | ||||||
8 | home for a period not
to exceed 12 hours, the Department must | ||||||
9 | follow those procedures outlined in
Section 2-9, 3-11, 4-8, or | ||||||
10 | 5-415 of the Juvenile Court Act
of 1987.
| ||||||
11 | The Department shall have the authority, responsibilities | ||||||
12 | and duties that
a legal custodian of the child would have | ||||||
13 | pursuant to subsection (9) of
Section 1-3 of the Juvenile Court | ||||||
14 | Act of 1987. Whenever a child is taken
into temporary | ||||||
15 | protective custody pursuant to an investigation under the | ||||||
16 | Abused and
Neglected Child Reporting Act, or pursuant to a | ||||||
17 | referral and acceptance
under the Juvenile Court Act of 1987 of | ||||||
18 | a minor in limited custody, the
Department, during the period | ||||||
19 | of temporary custody and before the child
is brought before a | ||||||
20 | judicial officer as required by Section 2-9, 3-11,
4-8, or | ||||||
21 | 5-415 of the Juvenile Court Act of 1987, shall have
the | ||||||
22 | authority, responsibilities and duties that a legal custodian | ||||||
23 | of the child
would have under subsection (9) of Section 1-3 of | ||||||
24 | the Juvenile Court Act of
1987.
| ||||||
25 | The Department shall ensure that any child taken into | ||||||
26 | custody
is scheduled for an appointment for a medical |
| |||||||
| |||||||
1 | examination.
| ||||||
2 | A parent, guardian or custodian of a child in the temporary | ||||||
3 | custody of the
Department who would have custody of the child | ||||||
4 | if he were not in the
temporary custody of the Department may | ||||||
5 | deliver to the Department a signed
request that the Department | ||||||
6 | surrender the temporary custody of the child.
The Department | ||||||
7 | may retain temporary custody of the child for 10 days after
the | ||||||
8 | receipt of the request, during which period the Department may | ||||||
9 | cause to
be filed a petition pursuant to the Juvenile Court Act | ||||||
10 | of 1987. If a
petition is so filed, the Department shall retain | ||||||
11 | temporary custody of the
child until the court orders | ||||||
12 | otherwise. If a petition is not filed within
the 10 day period, | ||||||
13 | the child shall be surrendered to the custody of the
requesting | ||||||
14 | parent, guardian or custodian not later than the expiration of
| ||||||
15 | the 10 day period, at which time the authority and duties of | ||||||
16 | the Department
with respect to the temporary custody of the | ||||||
17 | child shall terminate.
| ||||||
18 | (m-1) The Department may place children under 18 years of | ||||||
19 | age in a secure
child care facility licensed by the Department | ||||||
20 | that cares for children who are
in need of secure living | ||||||
21 | arrangements for their health, safety, and well-being
after a | ||||||
22 | determination is made by the facility director and the Director | ||||||
23 | or the
Director's designate prior to admission to the facility | ||||||
24 | subject to Section
2-27.1 of the Juvenile Court Act of 1987. | ||||||
25 | This subsection (m-1) does not apply
to a child who is subject | ||||||
26 | to placement in a correctional facility operated
pursuant to |
| |||||||
| |||||||
1 | Section 3-15-2 of the Unified Code of Corrections, unless the
| ||||||
2 | child is a ward who was placed under the care of the Department | ||||||
3 | before being
subject to placement in a correctional facility | ||||||
4 | and a court of competent
jurisdiction has ordered placement of | ||||||
5 | the child in a secure care facility.
| ||||||
6 | (n) The Department may place children under 18 years of age | ||||||
7 | in
licensed child care facilities when in the opinion of the | ||||||
8 | Department,
appropriate services aimed at family preservation | ||||||
9 | have been unsuccessful and
cannot ensure the child's health and | ||||||
10 | safety or are unavailable and such
placement would be for their | ||||||
11 | best interest. Payment
for board, clothing, care, training and | ||||||
12 | supervision of any child placed in
a licensed child care | ||||||
13 | facility may be made by the Department, by the
parents or | ||||||
14 | guardians of the estates of those children, or by both the
| ||||||
15 | Department and the parents or guardians, except that no | ||||||
16 | payments shall be
made by the Department for any child placed | ||||||
17 | in a licensed child care
facility for board, clothing, care, | ||||||
18 | training and supervision of such a
child that exceed the | ||||||
19 | average per capita cost of maintaining and of caring
for a | ||||||
20 | child in institutions for dependent or neglected children | ||||||
21 | operated by
the Department. However, such restriction on | ||||||
22 | payments does not apply in
cases where children require | ||||||
23 | specialized care and treatment for problems of
severe emotional | ||||||
24 | disturbance, physical disability, social adjustment, or
any | ||||||
25 | combination thereof and suitable facilities for the placement | ||||||
26 | of such
children are not available at payment rates within the |
| |||||||
| |||||||
1 | limitations set
forth in this Section. All reimbursements for | ||||||
2 | services delivered shall be
absolutely inalienable by | ||||||
3 | assignment, sale, attachment, garnishment or
otherwise.
| ||||||
4 | (n-1) The Department shall provide or authorize child | ||||||
5 | welfare services, aimed at assisting minors to achieve | ||||||
6 | sustainable self-sufficiency as independent adults, for any | ||||||
7 | minor eligible for the reinstatement of wardship pursuant to | ||||||
8 | subsection (2) of Section 2-33 of the Juvenile Court Act of | ||||||
9 | 1987, whether or not such reinstatement is sought or allowed, | ||||||
10 | provided that the minor consents to such services and has not | ||||||
11 | yet attained the age of 21. The Department shall have | ||||||
12 | responsibility for the development and delivery of services | ||||||
13 | under this Section. An eligible youth may access services under | ||||||
14 | this Section through the Department of Children and Family | ||||||
15 | Services or by referral from the Department of Human Services. | ||||||
16 | Youth participating in services under this Section shall | ||||||
17 | cooperate with the assigned case manager in developing an | ||||||
18 | agreement identifying the services to be provided and how the | ||||||
19 | youth will increase skills to achieve self-sufficiency. A | ||||||
20 | homeless shelter is not considered appropriate housing for any | ||||||
21 | youth receiving child welfare services under this Section. The | ||||||
22 | Department shall continue child welfare services under this | ||||||
23 | Section to any eligible minor until the minor becomes 21 years | ||||||
24 | of age, no longer consents to participate, or achieves | ||||||
25 | self-sufficiency as identified in the minor's service plan. The | ||||||
26 | Department of Children and Family Services shall create clear, |
| |||||||
| |||||||
1 | readable notice of the rights of former foster youth to child | ||||||
2 | welfare services under this Section and how such services may | ||||||
3 | be obtained. The Department of Children and Family Services and | ||||||
4 | the Department of Human Services shall disseminate this | ||||||
5 | information statewide. The Department shall adopt regulations | ||||||
6 | describing services intended to assist minors in achieving | ||||||
7 | sustainable self-sufficiency as independent adults. | ||||||
8 | (o) The Department shall establish an administrative | ||||||
9 | review and appeal
process for children and families who request | ||||||
10 | or receive child welfare
services from the Department. Children | ||||||
11 | who are wards of the Department and
are placed by private child | ||||||
12 | welfare agencies, and foster families with whom
those children | ||||||
13 | are placed, shall be afforded the same procedural and appeal
| ||||||
14 | rights as children and families in the case of placement by the | ||||||
15 | Department,
including the right to an initial review of a | ||||||
16 | private agency decision by
that agency. The Department shall | ||||||
17 | insure that any private child welfare
agency, which accepts | ||||||
18 | wards of the Department for placement, affords those
rights to | ||||||
19 | children and foster families. The Department shall accept for
| ||||||
20 | administrative review and an appeal hearing a complaint made by | ||||||
21 | (i) a child
or foster family concerning a decision following an | ||||||
22 | initial review by a
private child welfare agency or (ii) a | ||||||
23 | prospective adoptive parent who alleges
a violation of | ||||||
24 | subsection (j-5) of this Section. An appeal of a decision
| ||||||
25 | concerning a change in the placement of a child shall be | ||||||
26 | conducted in an
expedited manner. A court determination that a |
| |||||||
| |||||||
1 | current foster home placement is necessary and appropriate | ||||||
2 | under Section 2-28 of the Juvenile Court Act of 1987 does not | ||||||
3 | constitute a judicial determination on the merits of an | ||||||
4 | administrative appeal, filed by a former foster parent, | ||||||
5 | involving a change of placement decision.
| ||||||
6 | (p) There is hereby created the Department of Children and | ||||||
7 | Family
Services Emergency Assistance Fund from which the | ||||||
8 | Department may provide
special financial assistance to | ||||||
9 | families which are in economic crisis when
such assistance is | ||||||
10 | not available through other public or private sources
and the | ||||||
11 | assistance is deemed necessary to prevent dissolution of the | ||||||
12 | family
unit or to reunite families which have been separated | ||||||
13 | due to child abuse and
neglect. The Department shall establish | ||||||
14 | administrative rules specifying
the criteria for determining | ||||||
15 | eligibility for and the amount and nature of
assistance to be | ||||||
16 | provided. The Department may also enter into written
agreements | ||||||
17 | with private and public social service agencies to provide
| ||||||
18 | emergency financial services to families referred by the | ||||||
19 | Department.
Special financial assistance payments shall be | ||||||
20 | available to a family no
more than once during each fiscal year | ||||||
21 | and the total payments to a
family may not exceed $500 during a | ||||||
22 | fiscal year.
| ||||||
23 | (q) The Department may receive and use, in their entirety, | ||||||
24 | for the
benefit of children any gift, donation or bequest of | ||||||
25 | money or other
property which is received on behalf of such | ||||||
26 | children, or any financial
benefits to which such children are |
| |||||||
| |||||||
1 | or may become entitled while under
the jurisdiction or care of | ||||||
2 | the Department.
| ||||||
3 | The Department shall set up and administer no-cost, | ||||||
4 | interest-bearing accounts in appropriate financial | ||||||
5 | institutions
for children for whom the Department is legally | ||||||
6 | responsible and who have been
determined eligible for Veterans' | ||||||
7 | Benefits, Social Security benefits,
assistance allotments from | ||||||
8 | the armed forces, court ordered payments, parental
voluntary | ||||||
9 | payments, Supplemental Security Income, Railroad Retirement
| ||||||
10 | payments, Black Lung benefits, or other miscellaneous | ||||||
11 | payments. Interest
earned by each account shall be credited to | ||||||
12 | the account, unless
disbursed in accordance with this | ||||||
13 | subsection.
| ||||||
14 | In disbursing funds from children's accounts, the | ||||||
15 | Department
shall:
| ||||||
16 | (1) Establish standards in accordance with State and | ||||||
17 | federal laws for
disbursing money from children's | ||||||
18 | accounts. In all
circumstances,
the Department's | ||||||
19 | "Guardianship Administrator" or his or her designee must
| ||||||
20 | approve disbursements from children's accounts. The | ||||||
21 | Department
shall be responsible for keeping complete | ||||||
22 | records of all disbursements for each account for any | ||||||
23 | purpose.
| ||||||
24 | (2) Calculate on a monthly basis the amounts paid from | ||||||
25 | State funds for the
child's board and care, medical care | ||||||
26 | not covered under Medicaid, and social
services; and |
| |||||||
| |||||||
1 | utilize funds from the child's account, as
covered by | ||||||
2 | regulation, to reimburse those costs. Monthly, | ||||||
3 | disbursements from
all children's accounts, up to 1/12 of | ||||||
4 | $13,000,000, shall be
deposited by the Department into the | ||||||
5 | General Revenue Fund and the balance over
1/12 of | ||||||
6 | $13,000,000 into the DCFS Children's Services Fund.
| ||||||
7 | (3) Maintain any balance remaining after reimbursing | ||||||
8 | for the child's costs
of care, as specified in item (2). | ||||||
9 | The balance shall accumulate in accordance
with relevant | ||||||
10 | State and federal laws and shall be disbursed to the child | ||||||
11 | or his
or her guardian, or to the issuing agency.
| ||||||
12 | (r) The Department shall promulgate regulations | ||||||
13 | encouraging all adoption
agencies to voluntarily forward to the | ||||||
14 | Department or its agent names and
addresses of all persons who | ||||||
15 | have applied for and have been approved for
adoption of a | ||||||
16 | hard-to-place or handicapped child and the names of such
| ||||||
17 | children who have not been placed for adoption. A list of such | ||||||
18 | names and
addresses shall be maintained by the Department or | ||||||
19 | its agent, and coded
lists which maintain the confidentiality | ||||||
20 | of the person seeking to adopt the
child and of the child shall | ||||||
21 | be made available, without charge, to every
adoption agency in | ||||||
22 | the State to assist the agencies in placing such
children for | ||||||
23 | adoption. The Department may delegate to an agent its duty to
| ||||||
24 | maintain and make available such lists. The Department shall | ||||||
25 | ensure that
such agent maintains the confidentiality of the | ||||||
26 | person seeking to adopt the
child and of the child.
|
| |||||||
| |||||||
1 | (s) The Department of Children and Family Services may | ||||||
2 | establish and
implement a program to reimburse Department and | ||||||
3 | private child welfare
agency foster parents licensed by the | ||||||
4 | Department of Children and Family
Services for damages | ||||||
5 | sustained by the foster parents as a result of the
malicious or | ||||||
6 | negligent acts of foster children, as well as providing third
| ||||||
7 | party coverage for such foster parents with regard to actions | ||||||
8 | of foster
children to other individuals. Such coverage will be | ||||||
9 | secondary to the
foster parent liability insurance policy, if | ||||||
10 | applicable. The program shall
be funded through appropriations | ||||||
11 | from the General Revenue Fund,
specifically designated for such | ||||||
12 | purposes.
| ||||||
13 | (t) The Department shall perform home studies and | ||||||
14 | investigations and
shall exercise supervision over visitation | ||||||
15 | as ordered by a court pursuant
to the Illinois Marriage and | ||||||
16 | Dissolution of Marriage Act or the Adoption
Act only if:
| ||||||
17 | (1) an order entered by an Illinois court specifically
| ||||||
18 | directs the Department to perform such services; and
| ||||||
19 | (2) the court has ordered one or both of the parties to
| ||||||
20 | the proceeding to reimburse the Department for its | ||||||
21 | reasonable costs for
providing such services in accordance | ||||||
22 | with Department rules, or has
determined that neither party | ||||||
23 | is financially able to pay.
| ||||||
24 | The Department shall provide written notification to the | ||||||
25 | court of the
specific arrangements for supervised visitation | ||||||
26 | and projected monthly costs
within 60 days of the court order. |
| |||||||
| |||||||
1 | The Department shall send to the court
information related to | ||||||
2 | the costs incurred except in cases where the court
has | ||||||
3 | determined the parties are financially unable to pay. The court | ||||||
4 | may
order additional periodic reports as appropriate.
| ||||||
5 | (u) In addition to other information that must be provided, | ||||||
6 | whenever the Department places a child with a prospective | ||||||
7 | adoptive parent or parents or in a licensed foster home,
group | ||||||
8 | home, child care institution, or in a relative home, the | ||||||
9 | Department
shall provide to the prospective adoptive parent or | ||||||
10 | parents or other caretaker:
| ||||||
11 | (1) available detailed information concerning the | ||||||
12 | child's educational
and health history, copies of | ||||||
13 | immunization records (including insurance
and medical card | ||||||
14 | information), a history of the child's previous | ||||||
15 | placements,
if any, and reasons for placement changes | ||||||
16 | excluding any information that
identifies or reveals the | ||||||
17 | location of any previous caretaker;
| ||||||
18 | (2) a copy of the child's portion of the client service | ||||||
19 | plan, including
any visitation arrangement, and all | ||||||
20 | amendments or revisions to it as
related to the child; and
| ||||||
21 | (3) information containing details of the child's | ||||||
22 | individualized
educational plan when the child is | ||||||
23 | receiving special education services.
| ||||||
24 | The caretaker shall be informed of any known social or | ||||||
25 | behavioral
information (including, but not limited to, | ||||||
26 | criminal background, fire
setting, perpetuation of
sexual |
| |||||||
| |||||||
1 | abuse, destructive behavior, and substance abuse) necessary to | ||||||
2 | care
for and safeguard the children to be placed or currently | ||||||
3 | in the home. The Department may prepare a written summary of | ||||||
4 | the information required by this paragraph, which may be | ||||||
5 | provided to the foster or prospective adoptive parent in | ||||||
6 | advance of a placement. The foster or prospective adoptive | ||||||
7 | parent may review the supporting documents in the child's file | ||||||
8 | in the presence of casework staff. In the case of an emergency | ||||||
9 | placement, casework staff shall at least provide known | ||||||
10 | information verbally, if necessary, and must subsequently | ||||||
11 | provide the information in writing as required by this | ||||||
12 | subsection.
| ||||||
13 | The information described in this subsection shall be | ||||||
14 | provided in writing. In the case of emergency placements when | ||||||
15 | time does not allow prior review, preparation, and collection | ||||||
16 | of written information, the Department shall provide such | ||||||
17 | information as it becomes available. Within 10 business days | ||||||
18 | after placement, the Department shall obtain from the | ||||||
19 | prospective adoptive parent or parents or other caretaker a | ||||||
20 | signed verification of receipt of the information provided. | ||||||
21 | Within 10 business days after placement, the Department shall | ||||||
22 | provide to the child's guardian ad litem a copy of the | ||||||
23 | information provided to the prospective adoptive parent or | ||||||
24 | parents or other caretaker. The information provided to the | ||||||
25 | prospective adoptive parent or parents or other caretaker shall | ||||||
26 | be reviewed and approved regarding accuracy at the supervisory |
| |||||||
| |||||||
1 | level.
| ||||||
2 | (u-5) Effective July 1, 1995, only foster care placements | ||||||
3 | licensed as
foster family homes pursuant to the Child Care Act | ||||||
4 | of 1969 shall be eligible to
receive foster care payments from | ||||||
5 | the Department.
Relative caregivers who, as of July 1, 1995, | ||||||
6 | were approved pursuant to approved
relative placement rules | ||||||
7 | previously promulgated by the Department at 89 Ill.
Adm. Code | ||||||
8 | 335 and had submitted an application for licensure as a foster | ||||||
9 | family
home may continue to receive foster care payments only | ||||||
10 | until the Department
determines that they may be licensed as a | ||||||
11 | foster family home or that their
application for licensure is | ||||||
12 | denied or until September 30, 1995, whichever
occurs first.
| ||||||
13 | (v) The Department shall access criminal history record | ||||||
14 | information
as defined in the Illinois Uniform Conviction | ||||||
15 | Information Act and information
maintained in the adjudicatory | ||||||
16 | and dispositional record system as defined in
Section 2605-355 | ||||||
17 | of the
Department of State Police Law (20 ILCS 2605/2605-355)
| ||||||
18 | if the Department determines the information is necessary to | ||||||
19 | perform its duties
under the Abused and Neglected Child | ||||||
20 | Reporting Act, the Child Care Act of 1969,
and the Children and | ||||||
21 | Family Services Act. The Department shall provide for
| ||||||
22 | interactive computerized communication and processing | ||||||
23 | equipment that permits
direct on-line communication with the | ||||||
24 | Department of State Police's central
criminal history data | ||||||
25 | repository. The Department shall comply with all
certification | ||||||
26 | requirements and provide certified operators who have been
|
| |||||||
| |||||||
1 | trained by personnel from the Department of State Police. In | ||||||
2 | addition, one
Office of the Inspector General investigator | ||||||
3 | shall have training in the use of
the criminal history | ||||||
4 | information access system and have
access to the terminal. The | ||||||
5 | Department of Children and Family Services and its
employees | ||||||
6 | shall abide by rules and regulations established by the | ||||||
7 | Department of
State Police relating to the access and | ||||||
8 | dissemination of
this information.
| ||||||
9 | (v-1) Prior to final approval for placement of a child, the | ||||||
10 | Department shall conduct a criminal records background check of | ||||||
11 | the prospective foster or adoptive parent, including | ||||||
12 | fingerprint-based checks of national crime information | ||||||
13 | databases. Final approval for placement shall not be granted if | ||||||
14 | the record check reveals a felony conviction for child abuse or | ||||||
15 | neglect, for spousal abuse, for a crime against children, or | ||||||
16 | for a crime involving violence, including rape, sexual assault, | ||||||
17 | or homicide, but not including other physical assault or | ||||||
18 | battery, or if there is a felony conviction for physical | ||||||
19 | assault, battery, or a drug-related offense committed within | ||||||
20 | the past 5 years. | ||||||
21 | (v-2) Prior to final approval for placement of a child, the | ||||||
22 | Department shall check its child abuse and neglect registry for | ||||||
23 | information concerning prospective foster and adoptive | ||||||
24 | parents, and any adult living in the home. If any prospective | ||||||
25 | foster or adoptive parent or other adult living in the home has | ||||||
26 | resided in another state in the preceding 5 years, the |
| |||||||
| |||||||
1 | Department shall request a check of that other state's child | ||||||
2 | abuse and neglect registry.
| ||||||
3 | (w) Within 120 days of August 20, 1995 (the effective date | ||||||
4 | of Public Act
89-392), the Department shall prepare and submit | ||||||
5 | to the Governor and the
General Assembly, a written plan for | ||||||
6 | the development of in-state licensed
secure child care | ||||||
7 | facilities that care for children who are in need of secure
| ||||||
8 | living
arrangements for their health, safety, and well-being. | ||||||
9 | For purposes of this
subsection, secure care facility shall | ||||||
10 | mean a facility that is designed and
operated to ensure that | ||||||
11 | all entrances and exits from the facility, a building
or a | ||||||
12 | distinct part of the building, are under the exclusive control | ||||||
13 | of the
staff of the facility, whether or not the child has the | ||||||
14 | freedom of movement
within the perimeter of the facility, | ||||||
15 | building, or distinct part of the
building. The plan shall | ||||||
16 | include descriptions of the types of facilities that
are needed | ||||||
17 | in Illinois; the cost of developing these secure care | ||||||
18 | facilities;
the estimated number of placements; the potential | ||||||
19 | cost savings resulting from
the movement of children currently | ||||||
20 | out-of-state who are projected to be
returned to Illinois; the | ||||||
21 | necessary geographic distribution of these
facilities in | ||||||
22 | Illinois; and a proposed timetable for development of such
| ||||||
23 | facilities. | ||||||
24 | (x) The Department shall conduct annual credit history | ||||||
25 | checks to determine the financial history of children placed | ||||||
26 | under its guardianship pursuant to the Juvenile Court Act of |
| |||||||
| |||||||
1 | 1987. The Department shall conduct such credit checks starting | ||||||
2 | when a ward turns 12 years old and each year thereafter for the | ||||||
3 | duration of the guardianship as terminated pursuant to the | ||||||
4 | Juvenile Court Act of 1987. The Department shall determine if | ||||||
5 | financial exploitation of the child's personal information has | ||||||
6 | occurred. If financial exploitation appears to have taken place | ||||||
7 | or is presently ongoing, the Department shall notify the proper | ||||||
8 | law enforcement agency, the proper State's Attorney, or the | ||||||
9 | Attorney General. | ||||||
10 | (y) Beginning on the effective date of this amendatory Act | ||||||
11 | of the 96th General Assembly, a child with a disability who | ||||||
12 | receives residential and educational services from the | ||||||
13 | Department shall be eligible to receive transition services in | ||||||
14 | accordance with Article 14 of the School Code from the age of | ||||||
15 | 14.5 through age 21, inclusive, notwithstanding the child's | ||||||
16 | residential services arrangement. For purposes of this | ||||||
17 | subsection, "child with a disability" means a child with a | ||||||
18 | disability as defined by the federal Individuals with | ||||||
19 | Disabilities Education Improvement Act of 2004. | ||||||
20 | (z) The Department shall access criminal history record | ||||||
21 | information as defined as "background information" in this | ||||||
22 | subsection and criminal history record information as defined | ||||||
23 | in the Illinois Uniform Conviction Information Act for each | ||||||
24 | Department employee or Department applicant. Each Department | ||||||
25 | employee or Department applicant shall submit his or her | ||||||
26 | fingerprints to the Department of State Police in the form and |
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| |||||||
1 | manner prescribed by the Department of State Police. These | ||||||
2 | fingerprints shall be checked against the fingerprint records | ||||||
3 | now and hereafter filed in the Department of State Police and | ||||||
4 | the Federal Bureau of Investigation criminal history records | ||||||
5 | databases. The Department of State Police shall charge a fee | ||||||
6 | for conducting the criminal history record check, which shall | ||||||
7 | be deposited into the State Police Services Fund and shall not | ||||||
8 | exceed the actual cost of the record check. The Department of | ||||||
9 | State Police shall furnish, pursuant to positive | ||||||
10 | identification, all Illinois conviction information to the | ||||||
11 | Department of Children and Family Services. | ||||||
12 | For purposes of this subsection: | ||||||
13 | "Background information" means all of the following: | ||||||
14 | (i) Upon the request of the Department of Children and | ||||||
15 | Family Services, conviction information obtained from the | ||||||
16 | Department of State Police as a result of a | ||||||
17 | fingerprint-based criminal history records check of the | ||||||
18 | Illinois criminal history records database and the Federal | ||||||
19 | Bureau of Investigation criminal history records database | ||||||
20 | concerning a Department employee or Department applicant. | ||||||
21 | (ii) Information obtained by the Department of | ||||||
22 | Children and Family Services after performing a check of | ||||||
23 | the Department of State Police's Sex Offender Database, as | ||||||
24 | authorized by Section 120 of the Sex Offender Community | ||||||
25 | Notification Law, concerning a Department employee or | ||||||
26 | Department applicant. |
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| |||||||
1 | (iii) Information obtained by the Department of | ||||||
2 | Children and Family Services after performing a check of | ||||||
3 | the Child Abuse and Neglect Tracking System (CANTS) | ||||||
4 | operated and maintained by the Department. | ||||||
5 | "Department employee" means a full-time or temporary | ||||||
6 | employee coded or certified within the State of Illinois | ||||||
7 | Personnel System. | ||||||
8 | "Department applicant" means an individual who has | ||||||
9 | conditional Department full-time or part-time work, a | ||||||
10 | contractor, an individual used to replace or supplement staff, | ||||||
11 | an academic intern, a volunteer in Department offices or on | ||||||
12 | Department contracts, a work-study student, an individual or | ||||||
13 | entity licensed by the Department, or an unlicensed service | ||||||
14 | provider who works as a condition of a contract or an agreement | ||||||
15 | and whose work may bring the unlicensed service provider into | ||||||
16 | contact with Department clients or client records. | ||||||
17 | (Source: P.A. 97-1150, eff. 1-25-13; 98-249, eff. 1-1-14; | ||||||
18 | 98-570, eff. 8-27-13; 98-756, eff. 7-16-14; 98-803, eff. | ||||||
19 | 1-1-15 .)
| ||||||
20 | Section 10. The Abused and Neglected Child Reporting Act is | ||||||
21 | amended by changing Section 5 as follows:
| ||||||
22 | (325 ILCS 5/5) (from Ch. 23, par. 2055)
| ||||||
23 | Sec. 5.
An officer of a local law enforcement agency, | ||||||
24 | designated
employee of the Department, or a physician treating |
| |||||||
| |||||||
1 | a child may take or
retain temporary protective custody of the | ||||||
2 | child without the consent of
the person responsible for the | ||||||
3 | child's welfare, if (1) he has reason to
believe that the
child | ||||||
4 | cannot be cared for at home or in the
custody of the
person | ||||||
5 | responsible for the child's welfare without endangering the | ||||||
6 | child's
health or safety; and (2) there is not time to apply
| ||||||
7 | for a court order under the Juvenile Court Act of 1987 for | ||||||
8 | temporary
custody of the child. The person taking or retaining | ||||||
9 | a child in temporary
protective custody shall immediately make | ||||||
10 | every reasonable effort to
notify the person responsible for | ||||||
11 | the child's welfare and shall
immediately notify the | ||||||
12 | Department. The Department shall provide to the
temporary | ||||||
13 | caretaker of a child any information in the Department's
| ||||||
14 | possession concerning the positive results of a test performed | ||||||
15 | on the child
to determine the presence of the antibody or | ||||||
16 | antigen to Human
Immunodeficiency Virus (HIV), or of HIV | ||||||
17 | infection, as well as any
communicable diseases or communicable | ||||||
18 | infections that the child has. The
temporary caretaker of a | ||||||
19 | child shall not disclose to another person any
information | ||||||
20 | received by the temporary caretaker from the Department
| ||||||
21 | concerning the results of a test performed on the child to | ||||||
22 | determine the
presence of the antibody or antigen to HIV, or of | ||||||
23 | HIV infection, except
pursuant to Section 9 of the AIDS | ||||||
24 | Confidentiality Act, as now or hereafter
amended. The | ||||||
25 | Department shall promptly
initiate proceedings under the | ||||||
26 | Juvenile Court Act of 1987 for the
continued temporary custody |
| |||||||
| |||||||
1 | of the child.
| ||||||
2 | Where the physician keeping a child in his custody does so | ||||||
3 | in his
capacity as a member of the staff of a hospital or | ||||||
4 | similar institution,
he shall notify the person in charge of | ||||||
5 | the institution or his
designated agent, who shall then become | ||||||
6 | responsible for the further care
of such child in the hospital | ||||||
7 | or similar institution under the direction
of the Department.
| ||||||
8 | Said care includes, but is not limited to the granting of | ||||||
9 | permission
to perform emergency medical treatment to a minor | ||||||
10 | where the treatment itself
does not involve a substantial risk | ||||||
11 | of harm to the minor and the failure
to render such treatment | ||||||
12 | will likely result in death or permanent harm to
the minor, and | ||||||
13 | there is not time to apply for a court order under the Juvenile
| ||||||
14 | Court Act of 1987.
| ||||||
15 | Any person authorized and acting in good faith in the | ||||||
16 | removal of a
child under this Section shall have immunity from | ||||||
17 | any liability, civil
or criminal that might otherwise be | ||||||
18 | incurred or imposed as a result of
such removal. Any physician | ||||||
19 | authorized and acting in good faith and in
accordance with | ||||||
20 | acceptable medical practice in the treatment of a child
under | ||||||
21 | this Section shall have immunity from any liability, civil or | ||||||
22 | criminal,
that might otherwise be incurred or imposed as a | ||||||
23 | result of granting permission
for emergency treatment.
| ||||||
24 | With respect to any child taken into temporary protective | ||||||
25 | custody
pursuant to this Section, the Department of Children | ||||||
26 | and Family Services
Guardianship Administrator or his designee |
| |||||||
| |||||||
1 | shall be deemed the child's
legally authorized
representative | ||||||
2 | in the following instances: (i) for purposes of consenting to | ||||||
3 | emergency medical treatment for the child if the treatment | ||||||
4 | itself does not involve a substantial risk of harm to the | ||||||
5 | child, the failure to render such treatment will likely result | ||||||
6 | in death or permanent harm to the child, and there is not time | ||||||
7 | to apply for a court order under the Juvenile Court Act of | ||||||
8 | 1987; (ii) for purposes of consenting to an initial health | ||||||
9 | screening for the child within 24 hours after the child is | ||||||
10 | taken into temporary protective custody, or to any ordinary and | ||||||
11 | routine care for the child that may be necessary and | ||||||
12 | appropriate, or to an HIV test if deemed
necessary and | ||||||
13 | appropriate by the Department's Guardianship Administrator or
| ||||||
14 | designee and
obtaining and disclosing information concerning | ||||||
15 | such test
pursuant to the AIDS Confidentiality Act if deemed | ||||||
16 | necessary and
appropriate by the Department's Guardianship | ||||||
17 | Administrator or designee ; and
(iii) for purposes of
consenting | ||||||
18 | to the release
of information pursuant to the Illinois Sexually | ||||||
19 | Transmissible Disease
Control Act if deemed necessary and | ||||||
20 | appropriate by the Department's
Guardianship Administrator or | ||||||
21 | designee.
| ||||||
22 | Any person who administers an HIV test upon the consent of | ||||||
23 | the Department
of Children and Family Services Guardianship | ||||||
24 | Administrator or his designee,
or who discloses the results of | ||||||
25 | such tests to the Department's Guardianship
Administrator or | ||||||
26 | his designee, shall have immunity from any liability,
civil, |
| |||||||
| |||||||
1 | criminal or otherwise, that might result by reason of such | ||||||
2 | actions.
For the purpose of any proceedings, civil or criminal, | ||||||
3 | the good faith of
any persons required to administer or | ||||||
4 | disclose the results of tests, or
permitted to take such | ||||||
5 | actions, shall be presumed.
| ||||||
6 | (Source: P.A. 90-28, eff. 1-1-98.)
|