Bill Text: IL HB4807 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Children and Family Services Act. Provides that whenever a child is placed in the substitute care of the Department of Children and Family Services, and the child has previously been in substitute care, the Department may consider a child's former foster parent as a placement option for the child. Provides that if the Department determines that it is not in the best interest of the child to be placed with the former foster parent, the Department shall document the basis for its decision and maintain the documentation in the child's case file. Provides that the fact that the former foster parent is licensed through an agency other than the agency assigned to the child's case shall not be a basis for determining that placement with the former foster parent is not in the child's best interest. Provides that the fact that the former foster parent is no longer licensed to provide foster care shall not be a basis for determining that placement with the former foster parent is not in the child's best interest, if the former foster parent is eligible to receive a permit issued by the Department under the Child Care Act of 1969 and the former foster parent is willing to make timely and sufficient application for a foster care license. Provides that the provisions of the amendatory Act do not apply if a court previously found that the child's placement in the former foster home was not necessary or appropriate, or if the child was previously removed from the care of the former foster parent because of abuse or neglect.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-19 - Rule 19(a) / Re-referred to Rules Committee [HB4807 Detail]

Download: Illinois-2023-HB4807-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4807 Introduced , by Rep. Suzanne M. Ness SYNOPSIS AS INTRODUCED:
20 ILCS 505/7 from Ch. 23, par. 5007
Amends the Children and Family Services Act. Provides that whenever a child is placed in the substitute care of the Department of Children and Family Services, and the child has previously been in substitute care, the Department may consider a child's former foster parent as a placement option for the child. Provides that if the Department determines that it is not in the best interest of the child to be placed with the former foster parent, the Department shall document the basis for its decision and maintain the documentation in the child's case file. Provides that the fact that the former foster parent is licensed through an agency other than the agency assigned to the child's case shall not be a basis for determining that placement with the former foster parent is not in the child's best interest. Provides that the fact that the former foster parent is no longer licensed to provide foster care shall not be a basis for determining that placement with the former foster parent is not in the child's best interest, if the former foster parent is eligible to receive a permit issued by the Department under the Child Care Act of 1969 and the former foster parent is willing to make timely and sufficient application for a foster care license. Provides that the provisions of the amendatory Act do not apply if a court previously found that the child's placement in the former foster home was not necessary or appropriate, or if the child was previously removed from the care of the former foster parent because of abuse or neglect.
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A BILL FOR
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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 Children and Family Services Act is amended
by changing Section 7 as follows:
(20 ILCS 505/7) (from Ch. 23, par. 5007)
Sec. 7. Placement of children; considerations.
(a) In placing any child under this Act, the Department
shall place the child, as far as possible, in the care and
custody of some individual holding the same religious belief
as the parents of the child, or with some child care facility
which is operated by persons of like religious faith as the
parents of such child.
(a-5) In placing a child under this Act, the Department
shall place the child with the child's sibling or siblings
under Section 7.4 of this Act unless the placement is not in
each child's best interest, or is otherwise not possible under
the Department's rules. If the child is not placed with a
sibling under the Department's rules, the Department shall
consider placements that are likely to develop, preserve,
nurture, and support sibling relationships, where doing so is
in each child's best interest.
(b) In placing a child under this Act, the Department may

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place a child with a relative if the Department determines
that the relative will be able to adequately provide for the
child's safety and welfare based on the factors set forth in
the Department's rules governing relative placements, and that
the placement is consistent with the child's best interests,
taking into consideration the factors set out in subsection
(4.05) of Section 1-3 of the Juvenile Court Act of 1987.
When the Department first assumes custody of a child, in
placing that child under this Act, the Department shall make
reasonable efforts to identify, locate, and provide notice to
all adult grandparents and other adult relatives of the child
who are ready, willing, and able to care for the child. At a
minimum, these efforts shall be renewed each time the child
requires a placement change and it is appropriate for the
child to be cared for in a home environment. The Department
must document its efforts to identify, locate, and provide
notice to such potential relative placements and maintain the
documentation in the child's case file.
If the Department determines that a placement with any
identified relative is not in the child's best interests or
that the relative does not meet the requirements to be a
relative caregiver, as set forth in Department rules or by
statute, the Department must document the basis for that
decision and maintain the documentation in the child's case
file.
If, pursuant to the Department's rules, any person files

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an administrative appeal of the Department's decision not to
place a child with a relative, it is the Department's burden to
prove that the decision is consistent with the child's best
interests.
When the Department determines that the child requires
placement in an environment, other than a home environment,
the Department shall continue to make reasonable efforts to
identify and locate relatives to serve as visitation resources
for the child and potential future placement resources, except
when the Department determines that those efforts would be
futile or inconsistent with the child's best interests.
If the Department determines that efforts to identify and
locate relatives would be futile or inconsistent with the
child's best interests, the Department shall document the
basis of its determination and maintain the documentation in
the child's case file.
If the Department determines that an individual or a group
of relatives are inappropriate to serve as visitation
resources or possible placement resources, the Department
shall document the basis of its determination and maintain the
documentation in the child's case file.
When the Department determines that an individual or a
group of relatives are appropriate to serve as visitation
resources or possible future placement resources, the
Department shall document the basis of its determination,
maintain the documentation in the child's case file, create a

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visitation or transition plan, or both, and incorporate the
visitation or transition plan, or both, into the child's case
plan. For the purpose of this subsection, any determination as
to the child's best interests shall include consideration of
the factors set out in subsection (4.05) of Section 1-3 of the
Juvenile Court Act of 1987.
The Department may not place a child with a relative, with
the exception of certain circumstances which may be waived as
defined by the Department in rules, if the results of a check
of the Law Enforcement Agencies Data System (LEADS) identifies
a prior criminal conviction of the relative or any adult
member of the relative's household for any of the following
offenses under the Criminal Code of 1961 or the Criminal Code
of 2012:
(1) murder;
(1.1) solicitation of murder;
(1.2) solicitation of murder for hire;
(1.3) intentional homicide of an unborn child;
(1.4) voluntary manslaughter of an unborn child;
(1.5) involuntary manslaughter;
(1.6) reckless homicide;
(1.7) concealment of a homicidal death;
(1.8) involuntary manslaughter of an unborn child;
(1.9) reckless homicide of an unborn child;
(1.10) drug-induced homicide;
(2) a sex offense under Article 11, except offenses

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described in Sections 11-7, 11-8, 11-12, 11-13, 11-35,
11-40, and 11-45;
(3) kidnapping;
(3.1) aggravated unlawful restraint;
(3.2) forcible detention;
(3.3) aiding and abetting child abduction;
(4) aggravated kidnapping;
(5) child abduction;
(6) aggravated battery of a child as described in
Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
(7) criminal sexual assault;
(8) aggravated criminal sexual assault;
(8.1) predatory criminal sexual assault of a child;
(9) criminal sexual abuse;
(10) aggravated sexual abuse;
(11) heinous battery as described in Section 12-4.1 or
subdivision (a)(2) of Section 12-3.05;
(12) aggravated battery with a firearm as described in
Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
(e)(4) of Section 12-3.05;
(13) tampering with food, drugs, or cosmetics;
(14) drug-induced infliction of great bodily harm as
described in Section 12-4.7 or subdivision (g)(1) of
Section 12-3.05;
(15) aggravated stalking;
(16) home invasion;

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(17) vehicular invasion;
(18) criminal transmission of HIV;
(19) criminal abuse or neglect of an elderly person or
person with a disability as described in Section 12-21 or
subsection (b) of Section 12-4.4a;
(20) child abandonment;
(21) endangering the life or health of a child;
(22) ritual mutilation;
(23) ritualized abuse of a child;
(24) an offense in any other state the elements of
which are similar and bear a substantial relationship to
any of the foregoing offenses.
For the purpose of this subsection, "relative" shall
include any person, 21 years of age or over, other than the
parent, who (i) is currently related to the child in any of the
following ways by blood or adoption: grandparent, sibling,
great-grandparent, parent's sibling, sibling's child, first
cousin, second cousin, godparent, or grandparent's sibling; or
(ii) is the spouse of such a relative; or (iii) is the child's
step-parent, or adult step-sibling; or (iv) is a fictive kin;
"relative" also includes a person related in any of the
foregoing ways to a sibling of a child, even though the person
is not related to the child, when the child and the child's
sibling are placed together with that person. For children who
have been in the guardianship of the Department, have been
adopted, and are subsequently returned to the temporary

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custody or guardianship of the Department, a "relative" may
also include any person who would have qualified as a relative
under this paragraph prior to the adoption, but only if the
Department determines, and documents, that it would be in the
child's best interests to consider this person a relative,
based upon the factors for determining best interests set
forth in subsection (4.05) of Section 1-3 of the Juvenile
Court Act of 1987. A relative with whom a child is placed
pursuant to this subsection may, but is not required to, apply
for licensure as a foster family home pursuant to the Child
Care Act of 1969; provided, however, that as of July 1, 1995,
foster care payments shall be made only to licensed foster
family homes pursuant to the terms of Section 5 of this Act.
Notwithstanding any other provision under this subsection
to the contrary, a fictive kin with whom a child is placed
pursuant to this subsection shall apply for licensure as a
foster family home pursuant to the Child Care Act of 1969
within 6 months of the child's placement with the fictive kin.
The Department shall not remove a child from the home of a
fictive kin on the basis that the fictive kin fails to apply
for licensure within 6 months of the child's placement with
the fictive kin, or fails to meet the standard for licensure.
All other requirements established under the rules and
procedures of the Department concerning the placement of a
child, for whom the Department is legally responsible, with a
relative shall apply. By June 1, 2015, the Department shall

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promulgate rules establishing criteria and standards for
placement, identification, and licensure of fictive kin.
For purposes of this subsection, "fictive kin" means any
individual, unrelated by birth or marriage, who:
(i) is shown to have significant and close personal or
emotional ties with the child or the child's family prior
to the child's placement with the individual; or
(ii) is the current foster parent of a child in the
custody or guardianship of the Department pursuant to this
Act and the Juvenile Court Act of 1987, if the child has
been placed in the home for at least one year and has
established a significant and family-like relationship
with the foster parent, and the foster parent has been
identified by the Department as the child's permanent
connection, as defined by Department rule.
The provisions added to this subsection (b) by Public Act
98-846 shall become operative on and after June 1, 2015.
(c) In placing a child under this Act, the Department
shall ensure that the child's health, safety, and best
interests are met. In rejecting placement of a child with an
identified relative, the Department shall ensure that the
child's health, safety, and best interests are met. In
evaluating the best interests of the child, the Department
shall take into consideration the factors set forth in
subsection (4.05) of Section 1-3 of the Juvenile Court Act of
1987.

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The Department shall consider the individual needs of the
child and the capacity of the prospective foster or adoptive
parents to meet the needs of the child. When a child must be
placed outside the child's home and cannot be immediately
returned to the child's parents or guardian, a comprehensive,
individualized assessment shall be performed of that child at
which time the needs of the child shall be determined. Only if
race, color, or national origin is identified as a legitimate
factor in advancing the child's best interests shall it be
considered. Race, color, or national origin shall not be
routinely considered in making a placement decision. The
Department shall make special efforts for the diligent
recruitment of potential foster and adoptive families that
reflect the ethnic and racial diversity of the children for
whom foster and adoptive homes are needed. "Special efforts"
shall include contacting and working with community
organizations and religious organizations and may include
contracting with those organizations, utilizing local media
and other local resources, and conducting outreach activities.
(c-1) At the time of placement, the Department shall
consider concurrent planning, as described in subsection (l-1)
of Section 5, so that permanency may occur at the earliest
opportunity. Consideration should be given so that if
reunification fails or is delayed, the placement made is the
best available placement to provide permanency for the child.
To the extent that doing so is in the child's best interests as

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set forth in subsection (4.05) of Section 1-3 of the Juvenile
Court Act of 1987, the Department should consider placements
that will permit the child to maintain a meaningful
relationship with the child's parents.
(c-2) Whenever a child is placed in the substitute care of
the Department, and the child has previously been in
substitute care, the Department may consider a child's former
foster parent as a placement option for the child. If the
Department determines that it is not in the best interest of
the child to be placed with the former foster parent, the
Department shall document the basis for its decision and
maintain the documentation in the child's case file. The fact
that the former foster parent is licensed through an agency
other than the agency assigned to the child's case shall not be
a basis for determining that placement with the former foster
parent is not in the child's best interest. The fact that the
former foster parent is no longer licensed to provide foster
care shall not be a basis for determining that placement with
the former foster parent is not in the child's best interest,
if the former foster parent is eligible to receive a permit
issued by the Department under the Child Care Act of 1969 and
the former foster parent is willing to make timely and
sufficient application for a foster care license. This
subsection does not apply if a court previously found that the
child's placement in the former foster home was not necessary
or appropriate under Section 2-28 of the Juvenile Court Act of

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