Bill Text: IL HB3542 | 2017-2018 | 100th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Foster Children's Bill of Rights Act. In addition to other specified rights, provides that it is the policy of the State that every child and adult in the care of the Department of Children and Family Services who is placed in foster care shall have the right to be placed in the least restrictive and most family-like setting available and in close proximity to his or her parent's home consistent with his or her health, safety, best interests, and special needs.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2017-08-18 - Public Act . . . . . . . . . 100-0189 [HB3542 Detail]

Download: Illinois-2017-HB3542-Enrolled.html

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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Foster Children's Bill of Rights Act is
amended by changing Section 5 as follows:
(20 ILCS 521/5)
Sec. 5. Foster Children's Bill of Rights. It is the policy
of this State that every child and adult in the care of the
Department of Children and Family Services who is placed in
foster care shall have the following rights:
(1) To live in a safe, healthy, and comfortable home
where he or she is treated with respect.
(2) To be free from physical, sexual, emotional, or
other abuse, or corporal punishment.
(3) To receive adequate and healthy food, adequate
clothing, and, for youth in group homes, residential
treatment facilities, and foster homes, an allowance.
(4) To receive medical, dental, vision, and mental
health services.
(5) To be free of the administration of medication or
chemical substances, unless authorized by a physician.
(6) To contact family members, unless prohibited by
court order, and social workers, attorneys, foster youth

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advocates and supporters, Court Appointed Special
Advocates (CASAs), and probation officers.
(7) To visit and contact brothers and sisters, unless
prohibited by court order.
(8) To contact the Advocacy Office for Children and
Families established under the Children and Family
Services Act or the Department of Children and Family
Services' Office of the Inspector General regarding
violations of rights, to speak to representatives of these
offices confidentially, and to be free from threats or
punishment for making complaints.
(9) To make and receive confidential telephone calls
and send and receive unopened mail, unless prohibited by
court order.
(10) To attend religious services and activities of his
or her choice.
(11) To maintain an emancipation bank account and
manage personal income, consistent with the child's age and
developmental level, unless prohibited by the case plan.
(12) To not be locked in a room, building, or facility
premises, unless placed in a secure child care facility
licensed by the Department of Children and Family Services
under the Child Care Act of 1969 and placed pursuant to
Section 2-27.1 of the Juvenile Court Act of 1987.
(13) To attend school and participate in
extracurricular, cultural, and personal enrichment

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activities, consistent with the child's age and
developmental level, with minimal disruptions to school
attendance and educational stability.
(14) To work and develop job skills at an
age-appropriate level, consistent with State law.
(15) To have social contacts with people outside of the
foster care system, including teachers, church members,
mentors, and friends.
(16) If he or she meets age requirements, to attend
services and programs operated by the Department of
Children and Family Services or any other appropriate State
agency that aim to help current and former foster youth
achieve self-sufficiency prior to and after leaving foster
care.
(17) To attend court hearings and speak to the judge.
(18) To have storage space for private use.
(19) To be involved in the development of his or her
own case plan and plan for permanent placement.
(20) To review his or her own case plan and plan for
permanent placement, if he or she is 12 years of age or
older and in a permanent placement, and to receive
information about his or her out-of-home placement and case
plan, including being told of changes to the case plan.
(21) To be free from unreasonable searches of personal
belongings.
(22) To the confidentiality of all juvenile court

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records consistent with existing law.
(23) To have fair and equal access to all available
services, placement, care, treatment, and benefits, and to
not be subjected to discrimination or harassment on the
basis of actual or perceived race, ethnic group
identification, ancestry, national origin, color,
religion, sex, sexual orientation, gender identity, mental
or physical disability, or HIV status.
(24) To have caregivers and child welfare personnel who
have received sensitivity training and instruction on
matters concerning race, ethnicity, national origin,
color, ancestry, religion, mental and physical disability,
and HIV status.
(25) To have caregivers and child welfare personnel who
have received instruction on cultural competency and
sensitivity relating to, and best practices for, providing
adequate care to lesbian, gay, bisexual, and transgender
youth in out-of-home care.
(26) At 16 years of age or older, to have access to
existing information regarding the educational options
available, including, but not limited to, the coursework
necessary for vocational and postsecondary educational
programs, and information regarding financial aid for
postsecondary education.
(27) To have access to age-appropriate, medically
accurate information about reproductive health care, the

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prevention of unplanned pregnancy, and the prevention and
treatment of sexually transmitted infections at 12 years of
age or older.
(28) To receive a copy of this Act from and have it
fully explained by the Department of Children and Family
Services when the child or adult is placed in the care of
the Department of Children and Family Services.
(29) To be placed in the least restrictive and most
family-like setting available and in close proximity to his
or her parent's home consistent with his or her health,
safety, best interests, and special needs.
(Source: P.A. 99-344, eff. 1-1-16.)