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Public Act 098-0570
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SB1599 Enrolled | LRB098 05131 KTG 35162 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Children and Family Services Act is amended |
by changing Section 5 as follows:
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(20 ILCS 505/5) (from Ch. 23, par. 5005)
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Sec. 5. Direct child welfare services; Department of |
Children and Family
Services. To provide direct child welfare |
services when not available
through other public or private |
child care or program facilities.
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(a) For purposes of this Section:
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(1) "Children" means persons found within the State who |
are under the
age of 18 years. The term also includes |
persons under age 21 who:
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(A) were committed to the Department pursuant to |
the
Juvenile Court Act or the Juvenile Court Act of |
1987, as amended, prior to
the age of 18 and who |
continue under the jurisdiction of the court; or
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(B) were accepted for care, service and training by
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the Department prior to the age of 18 and whose best |
interest in the
discretion of the Department would be |
served by continuing that care,
service and training |
because of severe emotional disturbances, physical
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disability, social adjustment or any combination |
thereof, or because of the
need to complete an |
educational or vocational training program.
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(2) "Homeless youth" means persons found within the
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State who are under the age of 19, are not in a safe and |
stable living
situation and cannot be reunited with their |
families.
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(3) "Child welfare services" means public social |
services which are
directed toward the accomplishment of |
the following purposes:
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(A) protecting and promoting the health, safety |
and welfare of
children,
including homeless, dependent |
or neglected children;
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(B) remedying, or assisting in the solution
of |
problems which may result in, the neglect, abuse, |
exploitation or
delinquency of children;
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(C) preventing the unnecessary separation of |
children
from their families by identifying family |
problems, assisting families in
resolving their |
problems, and preventing the breakup of the family
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where the prevention of child removal is desirable and |
possible when the
child can be cared for at home |
without endangering the child's health and
safety;
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(D) restoring to their families children who have |
been
removed, by the provision of services to the child |
and the families when the
child can be cared for at |
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home without endangering the child's health and
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safety;
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(E) placing children in suitable adoptive homes, |
in
cases where restoration to the biological family is |
not safe, possible or
appropriate;
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(F) assuring safe and adequate care of children |
away from their
homes, in cases where the child cannot |
be returned home or cannot be placed
for adoption. At |
the time of placement, the Department shall consider
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concurrent planning,
as described in subsection (l-1) |
of this Section 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;
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(G) (blank);
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(H) (blank); and
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(I) placing and maintaining children in facilities |
that provide
separate living quarters for children |
under the age of 18 and for children
18 years of age |
and older, unless a child 18 years of age is in the |
last
year of high school education or vocational |
training, in an approved
individual or group treatment |
program, in a licensed shelter facility,
or secure |
child care facility.
The Department is not required to |
place or maintain children:
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(i) who are in a foster home, or
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(ii) who are persons with a developmental |
disability, as defined in
the Mental
Health and |
Developmental Disabilities Code, or
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(iii) who are female children who are |
pregnant, pregnant and
parenting or parenting, or
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(iv) who are siblings, in facilities that |
provide separate living quarters for children 18
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years of age and older and for children under 18 |
years of age.
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(b) Nothing in this Section shall be construed to authorize |
the
expenditure of public funds for the purpose of performing |
abortions.
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(c) The Department shall establish and maintain |
tax-supported child
welfare services and extend and seek to |
improve voluntary services
throughout the State, to the end |
that services and care shall be available
on an equal basis |
throughout the State to children requiring such services.
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(d) The Director may authorize advance disbursements for |
any new program
initiative to any agency contracting with the |
Department. As a
prerequisite for an advance disbursement, the |
contractor must post a
surety bond in the amount of the advance |
disbursement and have a
purchase of service contract approved |
by the Department. The Department
may pay up to 2 months |
operational expenses in advance. The amount of the
advance |
disbursement shall be prorated over the life of the contract
or |
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the remaining months of the fiscal year, whichever is less, and |
the
installment amount shall then be deducted from future |
bills. Advance
disbursement authorizations for new initiatives |
shall not be made to any
agency after that agency has operated |
during 2 consecutive fiscal years.
The requirements of this |
Section concerning advance disbursements shall
not apply with |
respect to the following: payments to local public agencies
for |
child day care services as authorized by Section 5a of this |
Act; and
youth service programs receiving grant funds under |
Section 17a-4.
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(e) (Blank).
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(f) (Blank).
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(g) The Department shall establish rules and regulations |
concerning
its operation of programs designed to meet the goals |
of child safety and
protection,
family preservation, family |
reunification, and adoption, including but not
limited to:
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(1) adoption;
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(2) foster care;
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(3) family counseling;
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(4) protective services;
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(5) (blank);
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(6) homemaker service;
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(7) return of runaway children;
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(8) (blank);
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(9) placement under Section 5-7 of the Juvenile Court |
Act or
Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile |
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Court Act of 1987 in
accordance with the federal Adoption |
Assistance and Child Welfare Act of
1980; and
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(10) interstate services.
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Rules and regulations established by the Department shall |
include
provisions for training Department staff and the staff |
of Department
grantees, through contracts with other agencies |
or resources, in alcohol
and drug abuse screening techniques |
approved by the Department of Human
Services, as a successor to |
the Department of Alcoholism and Substance Abuse,
for the |
purpose of identifying children and adults who
should be |
referred to an alcohol and drug abuse treatment program for
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professional evaluation.
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(h) If the Department finds that there is no appropriate |
program or
facility within or available to the Department for a |
ward and that no
licensed private facility has an adequate and |
appropriate program or none
agrees to accept the ward, the |
Department shall create an appropriate
individualized, |
program-oriented plan for such ward. The
plan may be developed |
within the Department or through purchase of services
by the |
Department to the extent that it is within its statutory |
authority
to do.
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(i) Service programs shall be available throughout the |
State and shall
include but not be limited to the following |
services:
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(1) case management;
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(2) homemakers;
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(3) counseling;
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(4) parent education;
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(5) day care; and
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(6) emergency assistance and advocacy.
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In addition, the following services may be made available |
to assess and
meet the needs of children and families:
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(1) comprehensive family-based services;
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(2) assessments;
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(3) respite care; and
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(4) in-home health services.
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The Department shall provide transportation for any of the |
services it
makes available to children or families or for |
which it refers children
or families.
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(j) The Department may provide categories of financial |
assistance and
education assistance grants, and shall
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establish rules and regulations concerning the assistance and |
grants, to
persons who
adopt physically or mentally |
handicapped, older and other hard-to-place
children who (i) |
immediately prior to their adoption were legal wards of
the |
Department
or (ii) were determined eligible for financial |
assistance with respect to a
prior adoption and who become |
available for adoption because the
prior adoption has been |
dissolved and the parental rights of the adoptive
parents have |
been
terminated or because the child's adoptive parents have |
died.
The Department may continue to provide financial |
assistance and education assistance grants for a child who was |
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determined eligible for financial assistance under this |
subsection (j) in the interim period beginning when the child's |
adoptive parents died and ending with the finalization of the |
new adoption of the child by another adoptive parent or |
parents. The Department may also provide categories of |
financial
assistance and education assistance grants, and
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shall establish rules and regulations for the assistance and |
grants, to persons
appointed guardian of the person under |
Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, |
4-25 or 5-740 of the Juvenile Court Act of 1987
for children |
who were wards of the Department for 12 months immediately
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prior to the appointment of the guardian.
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The amount of assistance may vary, depending upon the needs |
of the child
and the adoptive parents,
as set forth in the |
annual
assistance agreement. Special purpose grants are |
allowed where the child
requires special service but such costs |
may not exceed the amounts
which similar services would cost |
the Department if it were to provide or
secure them as guardian |
of the child.
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Any financial assistance provided under this subsection is
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inalienable by assignment, sale, execution, attachment, |
garnishment, or any
other remedy for recovery or collection of |
a judgment or debt.
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(j-5) The Department shall not deny or delay the placement |
of a child for
adoption
if an approved family is available |
either outside of the Department region
handling the case,
or |
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outside of the State of Illinois.
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(k) The Department shall accept for care and training any |
child who has
been adjudicated neglected or abused, or |
dependent committed to it pursuant
to the Juvenile Court Act or |
the Juvenile Court Act of 1987.
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(l) The Department shall
offer family preservation |
services, as defined in Section 8.2 of the Abused
and
Neglected |
Child
Reporting Act, to help families, including adoptive and |
extended families.
Family preservation
services shall be |
offered (i) to prevent the
placement
of children in
substitute |
care when the children can be cared for at home or in the |
custody of
the person
responsible for the children's welfare,
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(ii) to
reunite children with their families, or (iii) to
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maintain an adoptive placement. Family preservation services |
shall only be
offered when doing so will not endanger the |
children's health or safety. With
respect to children who are |
in substitute care pursuant to the Juvenile Court
Act of 1987, |
family preservation services shall not be offered if a goal |
other
than those of subdivisions (A), (B), or (B-1) of |
subsection (2) of Section 2-28
of
that Act has been set.
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Nothing in this paragraph shall be construed to create a |
private right of
action or claim on the part of any individual |
or child welfare agency, except that when a child is the |
subject of an action under Article II of the Juvenile Court Act |
of 1987 and the child's service plan calls for services to |
facilitate achievement of the permanency goal, the court |
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hearing the action under Article II of the Juvenile Court Act |
of 1987 may order the Department to provide the services set |
out in the plan, if those services are not provided with |
reasonable promptness and if those services are available.
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The Department shall notify the child and his family of the
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Department's
responsibility to offer and provide family |
preservation services as
identified in the service plan. The |
child and his family shall be eligible
for services as soon as |
the report is determined to be "indicated". The
Department may |
offer services to any child or family with respect to whom a
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report of suspected child abuse or neglect has been filed, |
prior to
concluding its investigation under Section 7.12 of the |
Abused and Neglected
Child Reporting Act. However, the child's |
or family's willingness to
accept services shall not be |
considered in the investigation. The
Department may also |
provide services to any child or family who is the
subject of |
any report of suspected child abuse or neglect or may refer |
such
child or family to services available from other agencies |
in the community,
even if the report is determined to be |
unfounded, if the conditions in the
child's or family's home |
are reasonably likely to subject the child or
family to future |
reports of suspected child abuse or neglect. Acceptance
of such |
services shall be voluntary. The Department may also provide |
services to any child or family after completion of a family |
assessment, as an alternative to an investigation, as provided |
under the "differential response program" provided for in |
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subsection (a-5) of Section 7.4 of the Abused and Neglected |
Child Reporting Act.
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The Department may, at its discretion except for those |
children also
adjudicated neglected or dependent, accept for |
care and training any child
who has been adjudicated addicted, |
as a truant minor in need of
supervision or as a minor |
requiring authoritative intervention, under the
Juvenile Court |
Act or the Juvenile Court Act of 1987, but no such child
shall |
be committed to the Department by any court without the |
approval of
the Department. A minor charged with a criminal |
offense under the Criminal
Code of 1961 or the Criminal Code of |
2012 or adjudicated delinquent shall not be placed in the |
custody of or
committed to the Department by any court, except |
(i) a minor less than 15 years
of age committed to the |
Department under Section 5-710 of the Juvenile Court
Act
of |
1987, (ii) a minor for whom an independent basis of abuse, |
neglect, or dependency exists, which must be defined by |
departmental rule, or (iii) a minor for whom the court has |
granted a supplemental petition to reinstate wardship pursuant |
to subsection (2) of Section 2-33 of the Juvenile Court Act of |
1987. An independent basis exists when the allegations or |
adjudication of abuse, neglect, or dependency do not arise from |
the same facts, incident, or circumstances which give rise to a |
charge or adjudication of delinquency.
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As soon as is possible after August 7, 2009 (the effective |
date of Public Act 96-134), the Department shall develop and |
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implement a special program of family preservation services to |
support intact, foster, and adoptive families who are |
experiencing extreme hardships due to the difficulty and stress |
of caring for a child who has been diagnosed with a pervasive |
developmental disorder if the Department determines that those |
services are necessary to ensure the health and safety of the |
child. The Department may offer services to any family whether |
or not a report has been filed under the Abused and Neglected |
Child Reporting Act. The Department may refer the child or |
family to services available from other agencies in the |
community if the conditions in the child's or family's home are |
reasonably likely to subject the child or family to future |
reports of suspected child abuse or neglect. Acceptance of |
these services shall be voluntary. The Department shall develop |
and implement a public information campaign to alert health and |
social service providers and the general public about these |
special family preservation services. The nature and scope of |
the services offered and the number of families served under |
the special program implemented under this paragraph shall be |
determined by the level of funding that the Department annually |
allocates for this purpose. The term "pervasive developmental |
disorder" under this paragraph means a neurological condition, |
including but not limited to, Asperger's Syndrome and autism, |
as defined in the most recent edition of the Diagnostic and |
Statistical Manual of Mental Disorders of the American |
Psychiatric Association. |
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(l-1) The legislature recognizes that the best interests of |
the child
require that
the child be placed in the most |
permanent living arrangement as soon as is
practically
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possible. To achieve this goal, the legislature directs the |
Department of
Children and
Family Services to conduct |
concurrent planning so that permanency may occur at
the
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earliest opportunity. Permanent living arrangements may |
include prevention of
placement of a child outside the home of |
the family when the child can be cared
for at
home without |
endangering the child's health or safety; reunification with |
the
family,
when safe and appropriate, if temporary placement |
is necessary; or movement of
the child
toward the most |
permanent living arrangement and permanent legal status.
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When determining reasonable efforts to be made with respect |
to a child, as
described in this
subsection, and in making such |
reasonable efforts, the child's health and
safety shall be the
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paramount concern.
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When a child is placed in foster care, the Department shall |
ensure and
document that reasonable efforts were made to |
prevent or eliminate the need to
remove the child from the |
child's home. The Department must make
reasonable efforts to |
reunify the family when temporary placement of the child
occurs
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unless otherwise required, pursuant to the Juvenile Court Act |
of 1987.
At any time after the dispositional hearing where the |
Department believes
that further reunification services would |
be ineffective, it may request a
finding from the court that |
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reasonable efforts are no longer appropriate. The
Department is |
not required to provide further reunification services after |
such
a
finding.
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A decision to place a child in substitute care shall be |
made with
considerations of the child's health, safety, and |
best interests. At the
time of placement, consideration should |
also be given so that if reunification
fails or is delayed, the |
placement made is the best available placement to
provide |
permanency for the child.
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The Department shall adopt rules addressing concurrent |
planning for
reunification and permanency. The Department |
shall consider the following
factors when determining |
appropriateness of concurrent planning:
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(1) the likelihood of prompt reunification;
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(2) the past history of the family;
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(3) the barriers to reunification being addressed by |
the family;
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(4) the level of cooperation of the family;
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(5) the foster parents' willingness to work with the |
family to reunite;
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(6) the willingness and ability of the foster family to |
provide an
adoptive
home or long-term placement;
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(7) the age of the child;
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(8) placement of siblings.
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(m) The Department may assume temporary custody of any |
child if:
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(1) it has received a written consent to such temporary |
custody
signed by the parents of the child or by the parent |
having custody of the
child if the parents are not living |
together or by the guardian or
custodian of the child if |
the child is not in the custody of either
parent, or
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(2) the child is found in the State and neither a |
parent,
guardian nor custodian of the child can be located.
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If the child is found in his or her residence without a parent, |
guardian,
custodian or responsible caretaker, the Department |
may, instead of removing
the child and assuming temporary |
custody, place an authorized
representative of the Department |
in that residence until such time as a
parent, guardian or |
custodian enters the home and expresses a willingness
and |
apparent ability to ensure the child's health and safety and |
resume
permanent
charge of the child, or until a
relative |
enters the home and is willing and able to ensure the child's |
health
and
safety and assume charge of the
child until a |
parent, guardian or custodian enters the home and expresses
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such willingness and ability to ensure the child's safety and |
resume
permanent charge. After a caretaker has remained in the |
home for a period not
to exceed 12 hours, the Department must |
follow those procedures outlined in
Section 2-9, 3-11, 4-8, or |
5-415 of the Juvenile Court Act
of 1987.
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The Department shall have the authority, responsibilities |
and duties that
a legal custodian of the child would have |
pursuant to subsection (9) of
Section 1-3 of the Juvenile Court |
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Act of 1987. Whenever a child is taken
into temporary custody |
pursuant to an investigation under the Abused and
Neglected |
Child Reporting Act, or pursuant to a referral and acceptance
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under the Juvenile Court Act of 1987 of a minor in limited |
custody, the
Department, during the period of temporary custody |
and before the child
is brought before a judicial officer as |
required by Section 2-9, 3-11,
4-8, or 5-415 of the Juvenile |
Court Act of 1987, shall have
the authority, responsibilities |
and duties that a legal custodian of the child
would have under |
subsection (9) of Section 1-3 of the Juvenile Court Act of
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1987.
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The Department shall ensure that any child taken into |
custody
is scheduled for an appointment for a medical |
examination.
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A parent, guardian or custodian of a child in the temporary |
custody of the
Department who would have custody of the child |
if he were not in the
temporary custody of the Department may |
deliver to the Department a signed
request that the Department |
surrender the temporary custody of the child.
The Department |
may retain temporary custody of the child for 10 days after
the |
receipt of the request, during which period the Department may |
cause to
be filed a petition pursuant to the Juvenile Court Act |
of 1987. If a
petition is so filed, the Department shall retain |
temporary custody of the
child until the court orders |
otherwise. If a petition is not filed within
the 10 day period, |
the child shall be surrendered to the custody of the
requesting |
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parent, guardian or custodian not later than the expiration of
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the 10 day period, at which time the authority and duties of |
the Department
with respect to the temporary custody of the |
child shall terminate.
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(m-1) The Department may place children under 18 years of |
age in a secure
child care facility licensed by the Department |
that cares for children who are
in need of secure living |
arrangements for their health, safety, and well-being
after a |
determination is made by the facility director and the Director |
or the
Director's designate prior to admission to the facility |
subject to Section
2-27.1 of the Juvenile Court Act of 1987. |
This subsection (m-1) does not apply
to a child who is subject |
to placement in a correctional facility operated
pursuant to |
Section 3-15-2 of the Unified Code of Corrections, unless the
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child is a ward who was placed under the care of the Department |
before being
subject to placement in a correctional facility |
and a court of competent
jurisdiction has ordered placement of |
the child in a secure care facility.
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(n) The Department may place children under 18 years of age |
in
licensed child care facilities when in the opinion of the |
Department,
appropriate services aimed at family preservation |
have been unsuccessful and
cannot ensure the child's health and |
safety or are unavailable and such
placement would be for their |
best interest. Payment
for board, clothing, care, training and |
supervision of any child placed in
a licensed child care |
facility may be made by the Department, by the
parents or |
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guardians of the estates of those children, or by both the
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Department and the parents or guardians, except that no |
payments shall be
made by the Department for any child placed |
in a licensed child care
facility for board, clothing, care, |
training and supervision of such a
child that exceed the |
average per capita cost of maintaining and of caring
for a |
child in institutions for dependent or neglected children |
operated by
the Department. However, such restriction on |
payments does not apply in
cases where children require |
specialized care and treatment for problems of
severe emotional |
disturbance, physical disability, social adjustment, or
any |
combination thereof and suitable facilities for the placement |
of such
children are not available at payment rates within the |
limitations set
forth in this Section. All reimbursements for |
services delivered shall be
absolutely inalienable by |
assignment, sale, attachment, garnishment or
otherwise.
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(n-1) The Department shall provide or authorize child |
welfare services, aimed at assisting minors to achieve |
sustainable self-sufficiency as independent adults, for any |
minor eligible for the reinstatement of wardship pursuant to |
subsection (2) of Section 2-33 of the Juvenile Court Act of |
1987, whether or not such reinstatement is sought or allowed, |
provided that the minor consents to such services and has not |
yet attained the age of 21. The Department shall have |
responsibility for the development and delivery of services |
under this Section. An eligible youth may access services under |
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this Section through the Department of Children and Family |
Services or by referral from the Department of Human Services. |
Youth participating in services under this Section shall |
cooperate with the assigned case manager in developing an |
agreement identifying the services to be provided and how the |
youth will increase skills to achieve self-sufficiency. A |
homeless shelter is not considered appropriate housing for any |
youth receiving child welfare services under this Section. The |
Department shall continue child welfare services under this |
Section to any eligible minor until the minor becomes 21 years |
of age, no longer consents to participate, or achieves |
self-sufficiency as identified in the minor's service plan. The |
Department of Children and Family Services shall create clear, |
readable notice of the rights of former foster youth to child |
welfare services under this Section and how such services may |
be obtained. The Department of Children and Family Services and |
the Department of Human Services shall disseminate this |
information statewide. The Department shall adopt regulations |
describing services intended to assist minors in achieving |
sustainable self-sufficiency as independent adults. |
(o) The Department shall establish an administrative |
review and appeal
process for children and families who request |
or receive child welfare
services from the Department. Children |
who are wards of the Department and
are placed by private child |
welfare agencies, and foster families with whom
those children |
are placed, shall be afforded the same procedural and appeal
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rights as children and families in the case of placement by the |
Department,
including the right to an initial review of a |
private agency decision by
that agency. The Department shall |
insure that any private child welfare
agency, which accepts |
wards of the Department for placement, affords those
rights to |
children and foster families. The Department shall accept for
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administrative review and an appeal hearing a complaint made by |
(i) a child
or foster family concerning a decision following an |
initial review by a
private child welfare agency or (ii) a |
prospective adoptive parent who alleges
a violation of |
subsection (j-5) of this Section. An appeal of a decision
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concerning a change in the placement of a child shall be |
conducted in an
expedited manner.
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(p) There is hereby created the Department of Children and |
Family
Services Emergency Assistance Fund from which the |
Department may provide
special financial assistance to |
families which are in economic crisis when
such assistance is |
not available through other public or private sources
and the |
assistance is deemed necessary to prevent dissolution of the |
family
unit or to reunite families which have been separated |
due to child abuse and
neglect. The Department shall establish |
administrative rules specifying
the criteria for determining |
eligibility for and the amount and nature of
assistance to be |
provided. The Department may also enter into written
agreements |
with private and public social service agencies to provide
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emergency financial services to families referred by the |
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Department.
Special financial assistance payments shall be |
available to a family no
more than once during each fiscal year |
and the total payments to a
family may not exceed $500 during a |
fiscal year.
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(q) The Department may receive and use, in their entirety, |
for the
benefit of children any gift, donation or bequest of |
money or other
property which is received on behalf of such |
children, or any financial
benefits to which such children are |
or may become entitled while under
the jurisdiction or care of |
the Department.
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The Department shall set up and administer no-cost, |
interest-bearing accounts in appropriate financial |
institutions
for children for whom the Department is legally |
responsible and who have been
determined eligible for Veterans' |
Benefits, Social Security benefits,
assistance allotments from |
the armed forces, court ordered payments, parental
voluntary |
payments, Supplemental Security Income, Railroad Retirement
|
payments, Black Lung benefits, or other miscellaneous |
payments. Interest
earned by each account shall be credited to |
the account, unless
disbursed in accordance with this |
subsection.
|
In disbursing funds from children's accounts, the |
Department
shall:
|
(1) Establish standards in accordance with State and |
federal laws for
disbursing money from children's |
accounts. In all
circumstances,
the Department's |
|
"Guardianship Administrator" or his or her designee must
|
approve disbursements from children's accounts. The |
Department
shall be responsible for keeping complete |
records of all disbursements for each account for any |
purpose.
|
(2) Calculate on a monthly basis the amounts paid from |
State funds for the
child's board and care, medical care |
not covered under Medicaid, and social
services; and |
utilize funds from the child's account, as
covered by |
regulation, to reimburse those costs. Monthly, |
disbursements from
all children's accounts, up to 1/12 of |
$13,000,000, shall be
deposited by the Department into the |
General Revenue Fund and the balance over
1/12 of |
$13,000,000 into the DCFS Children's Services Fund.
|
(3) Maintain any balance remaining after reimbursing |
for the child's costs
of care, as specified in item (2). |
The balance shall accumulate in accordance
with relevant |
State and federal laws and shall be disbursed to the child |
or his
or her guardian, or to the issuing agency.
|
(r) The Department shall promulgate regulations |
encouraging all adoption
agencies to voluntarily forward to the |
Department or its agent names and
addresses of all persons who |
have applied for and have been approved for
adoption of a |
hard-to-place or handicapped child and the names of such
|
children who have not been placed for adoption. A list of such |
names and
addresses shall be maintained by the Department or |
|
its agent, and coded
lists which maintain the confidentiality |
of the person seeking to adopt the
child and of the child shall |
be made available, without charge, to every
adoption agency in |
the State to assist the agencies in placing such
children for |
adoption. The Department may delegate to an agent its duty to
|
maintain and make available such lists. The Department shall |
ensure that
such agent maintains the confidentiality of the |
person seeking to adopt the
child and of the child.
|
(s) The Department of Children and Family Services may |
establish and
implement a program to reimburse Department and |
private child welfare
agency foster parents licensed by the |
Department of Children and Family
Services for damages |
sustained by the foster parents as a result of the
malicious or |
negligent acts of foster children, as well as providing third
|
party coverage for such foster parents with regard to actions |
of foster
children to other individuals. Such coverage will be |
secondary to the
foster parent liability insurance policy, if |
applicable. The program shall
be funded through appropriations |
from the General Revenue Fund,
specifically designated for such |
purposes.
|
(t) The Department shall perform home studies and |
investigations and
shall exercise supervision over visitation |
as ordered by a court pursuant
to the Illinois Marriage and |
Dissolution of Marriage Act or the Adoption
Act only if:
|
(1) an order entered by an Illinois court specifically
|
directs the Department to perform such services; and
|
|
(2) the court has ordered one or both of the parties to
|
the proceeding to reimburse the Department for its |
reasonable costs for
providing such services in accordance |
with Department rules, or has
determined that neither party |
is financially able to pay.
|
The Department shall provide written notification to the |
court of the
specific arrangements for supervised visitation |
and projected monthly costs
within 60 days of the court order. |
The Department shall send to the court
information related to |
the costs incurred except in cases where the court
has |
determined the parties are financially unable to pay. The court |
may
order additional periodic reports as appropriate.
|
(u) In addition to other information that must be provided, |
whenever the Department places a child with a prospective |
adoptive parent or parents or in a licensed foster home,
group |
home, child care institution, or in a relative home, the |
Department
shall provide to the prospective adoptive parent or |
parents or other caretaker:
|
(1) available detailed information concerning the |
child's educational
and health history, copies of |
immunization records (including insurance
and medical card |
information), a history of the child's previous |
placements,
if any, and reasons for placement changes |
excluding any information that
identifies or reveals the |
location of any previous caretaker;
|
(2) a copy of the child's portion of the client service |
|
plan, including
any visitation arrangement, and all |
amendments or revisions to it as
related to the child; and
|
(3) information containing details of the child's |
individualized
educational plan when the child is |
receiving special education services.
|
The caretaker shall be informed of any known social or |
behavioral
information (including, but not limited to, |
criminal background, fire
setting, perpetuation of
sexual |
abuse, destructive behavior, and substance abuse) necessary to |
care
for and safeguard the children to be placed or currently |
in the home. The Department may prepare a written summary of |
the information required by this paragraph, which may be |
provided to the foster or prospective adoptive parent in |
advance of a placement. The foster or prospective adoptive |
parent may review the supporting documents in the child's file |
in the presence of casework staff. In the case of an emergency |
placement, casework staff shall at least provide known |
information verbally, if necessary, and must subsequently |
provide the information in writing as required by this |
subsection.
|
The information described in this subsection shall be |
provided in writing. In the case of emergency placements when |
time does not allow prior review, preparation, and collection |
of written information, the Department shall provide such |
information as it becomes available. Within 10 business days |
after placement, the Department shall obtain from the |
|
prospective adoptive parent or parents or other caretaker a |
signed verification of receipt of the information provided. |
Within 10 business days after placement, the Department shall |
provide to the child's guardian ad litem a copy of the |
information provided to the prospective adoptive parent or |
parents or other caretaker. The information provided to the |
prospective adoptive parent or parents or other caretaker shall |
be reviewed and approved regarding accuracy at the supervisory |
level.
|
(u-5) Effective July 1, 1995, only foster care placements |
licensed as
foster family homes pursuant to the Child Care Act |
of 1969 shall be eligible to
receive foster care payments from |
the Department.
Relative caregivers who, as of July 1, 1995, |
were approved pursuant to approved
relative placement rules |
previously promulgated by the Department at 89 Ill.
Adm. Code |
335 and had submitted an application for licensure as a foster |
family
home may continue to receive foster care payments only |
until the Department
determines that they may be licensed as a |
foster family home or that their
application for licensure is |
denied or until September 30, 1995, whichever
occurs first.
|
(v) The Department shall access criminal history record |
information
as defined in the Illinois Uniform Conviction |
Information Act and information
maintained in the adjudicatory |
and dispositional record system as defined in
Section 2605-355 |
of the
Department of State Police Law (20 ILCS 2605/2605-355)
|
if the Department determines the information is necessary to |
|
perform its duties
under the Abused and Neglected Child |
Reporting Act, the Child Care Act of 1969,
and the Children and |
Family Services Act. The Department shall provide for
|
interactive computerized communication and processing |
equipment that permits
direct on-line communication with the |
Department of State Police's central
criminal history data |
repository. The Department shall comply with all
certification |
requirements and provide certified operators who have been
|
trained by personnel from the Department of State Police. In |
addition, one
Office of the Inspector General investigator |
shall have training in the use of
the criminal history |
information access system and have
access to the terminal. The |
Department of Children and Family Services and its
employees |
shall abide by rules and regulations established by the |
Department of
State Police relating to the access and |
dissemination of
this information.
|
(v-1) Prior to final approval for placement of a child, the |
Department shall conduct a criminal records background check of |
the prospective foster or adoptive parent, including |
fingerprint-based checks of national crime information |
databases. Final approval for placement shall not be granted if |
the record check reveals a felony conviction for child abuse or |
neglect, for spousal abuse, for a crime against children, or |
for a crime involving violence, including rape, sexual assault, |
or homicide, but not including other physical assault or |
battery, or if there is a felony conviction for physical |
|
assault, battery, or a drug-related offense committed within |
the past 5 years. |
(v-2) Prior to final approval for placement of a child, the |
Department shall check its child abuse and neglect registry for |
information concerning prospective foster and adoptive |
parents, and any adult living in the home. If any prospective |
foster or adoptive parent or other adult living in the home has |
resided in another state in the preceding 5 years, the |
Department shall request a check of that other state's child |
abuse and neglect registry.
|
(w) Within 120 days of August 20, 1995 (the effective date |
of Public Act
89-392), the Department shall prepare and submit |
to the Governor and the
General Assembly, a written plan for |
the development of in-state licensed
secure child care |
facilities that care for children who are in need of secure
|
living
arrangements for their health, safety, and well-being. |
For purposes of this
subsection, secure care facility shall |
mean a facility that is designed and
operated to ensure that |
all entrances and exits from the facility, a building
or a |
distinct part of the building, are under the exclusive control |
of the
staff of the facility, whether or not the child has the |
freedom of movement
within the perimeter of the facility, |
building, or distinct part of the
building. The plan shall |
include descriptions of the types of facilities that
are needed |
in Illinois; the cost of developing these secure care |
facilities;
the estimated number of placements; the potential |
|
cost savings resulting from
the movement of children currently |
out-of-state who are projected to be
returned to Illinois; the |
necessary geographic distribution of these
facilities in |
Illinois; and a proposed timetable for development of such
|
facilities. |
(x) The Department shall conduct annual credit history |
checks to determine the financial history of children placed |
under its guardianship pursuant to the Juvenile Court Act of |
1987. The Department shall conduct such credit checks starting |
when a ward turns 12 years old and each year thereafter for the |
duration of the guardianship as terminated pursuant to the |
Juvenile Court Act of 1987. The Department shall determine if |
financial exploitation of the child's personal information has |
occurred. If financial exploitation appears to have taken place |
or is presently ongoing, the Department shall notify the proper |
law enforcement agency, the proper State's Attorney, or the |
Attorney General. |
(y) Beginning on the effective date of this amendatory Act |
of the 96th General Assembly, a child with a disability who |
receives residential and educational services from the |
Department shall be eligible to receive transition services in |
accordance with Article 14 of the School Code from the age of |
14.5 through age 21, inclusive, notwithstanding the child's |
residential services arrangement. For purposes of this |
subsection, "child with a disability" means a child with a |
disability as defined by the federal Individuals with |
|
Disabilities Education Improvement Act of 2004. |
(z) The Department shall access criminal history record |
information as defined as "background information" in this |
subsection and criminal history record information as defined |
in the Illinois Uniform Conviction Information Act for each |
Department employee or Department applicant. Each Department |
employee or Department applicant shall submit his or her |
fingerprints to the Department of State Police in the form and |
manner prescribed by the Department of State Police. These |
fingerprints shall be checked against the fingerprint records |
now and hereafter filed in the Department of State Police and |
the Federal Bureau of Investigation criminal history records |
databases. The Department of State Police shall charge a fee |
for conducting the criminal history record check, which shall |
be deposited into the State Police Services Fund and shall not |
exceed the actual cost of the record check. The Department of |
State Police shall furnish, pursuant to positive |
identification, all Illinois conviction information to the |
Department of Children and Family Services. |
For purposes of this subsection: |
"Background information" means all of the following: |
(i) Upon the request of the Department of Children and |
Family Services, conviction information obtained from the |
Department of State Police as a result of a |
fingerprint-based criminal history records check of the |
Illinois criminal history records database and the Federal |
|
Bureau of Investigation criminal history records database |
concerning a Department employee or Department applicant. |
(ii) Information obtained by the Department of |
Children and Family Services after performing a check of |
the Department of State Police's Sex Offender Database, as |
authorized by Section 120 of the Sex Offender Community |
Notification Law, concerning a Department employee or |
Department applicant. |
(iii) Information obtained by the Department of |
Children and Family Services after performing a check of |
the Child Abuse and Neglect Tracking System (CANTS) |
operated and maintained by the Department. |
"Department employee" means a full-time or temporary |
employee coded or certified within the State of Illinois |
Personnel System. |
"Department applicant" means an individual who has |
conditional Department full-time or part-time work, a |
contractor, an individual used to replace or supplement staff, |
an academic intern, a volunteer in Department offices or on |
Department contracts, a work-study student, an individual or |
entity licensed by the Department, or an unlicensed service |
provider who works as a condition of a contract or an agreement |
and whose work may bring the unlicensed service provider into |
contact with Department clients or client records. |
(Source: P.A. 96-134, eff. 8-7-09; 96-581, eff. 1-1-10; 96-600, |
eff. 8-21-09; 96-619, eff. 1-1-10; 96-760, eff. 1-1-10; |
|
96-1000, eff. 7-2-10; 96-1189, eff. 7-22-10; 97-1150, eff. |
1-25-13.)
|
Section 10. The Child Care Act of 1969 is amended by |
changing Section 4.1 and by adding Sections 2.28 and 2.29 as |
follows:
|
(225 ILCS 10/2.28 new) |
Sec. 2.28. Non-licensed service provider. "Non-licensed |
service provider" means an individual or entity that contracts |
with the Department to provide child welfare services that |
enable the Department to perform its duties under the Abused |
and Neglected Child Reporting Act, the Child Care Act of 1969, |
and the Children and Family Services Act.
|
(225 ILCS 10/2.29 new) |
Sec. 2.29. Volunteer. "Volunteer" means a person who |
performs a service willingly and without pay.
|
(225 ILCS 10/4.1) (from Ch. 23, par. 2214.1)
|
Sec. 4.1. Criminal Background Investigations. The |
Department shall
require that each child care facility license |
applicant as part of the
application process, and each employee |
and volunteer of a child care facility or non-licensed service |
provider, as a
condition of employment, authorize an |
investigation to determine if such
applicant , or employee , or |
|
volunteer has ever been charged with a crime and if so, the
|
disposition of those charges; this authorization shall |
indicate the scope of
the inquiry and the agencies which may be |
contacted. Upon this
authorization, the Director shall request |
and receive information and
assistance from any federal, State |
or local governmental agency as part of
the authorized |
investigation.
Each applicant , employee, or volunteer of a |
child care facility or non-licensed service provider shall |
submit his or her fingerprints to the Department
of State |
Police in the form and manner prescribed by the Department of |
State
Police. These fingerprints shall be checked against the |
fingerprint records
now and hereafter filed in the Department |
of State
Police and Federal Bureau of Investigation criminal |
history records
databases. The Department of State Police shall |
charge
a fee for conducting the criminal history records check, |
which shall be
deposited in the State Police Services Fund and |
shall not exceed the actual
cost of the records check.
The |
Department of State Police shall provide
information |
concerning any criminal charges, and their disposition, now or
|
hereafter filed, against an applicant , or child care facility |
employee , or volunteer of a child care facility or non-licensed |
service provider upon
request of the Department of Children and |
Family Services when the request
is made in the form and manner |
required by the Department of State Police.
|
Information concerning convictions of a license applicant , |
employee, or volunteer of a child care facility or non-licensed |
|
service provider investigated
under this Section, including |
the source of the information and any
conclusions or |
recommendations derived from the information, shall be
|
provided, upon request, to such applicant , employee, or |
volunteer of a child care facility or non-licensed service |
provider prior to final action by the
Department on the |
application.
State
conviction information provided by the |
Department of State Police regarding
employees ,
or prospective |
employees , or volunteers of non-licensed service providers and |
child care facilities licensed under this Act
shall be provided |
to the operator of such facility, and, upon request, to
the |
employee , or prospective employee , or volunteer of a child care |
facility or non-licensed service provider . Any information |
concerning criminal
charges and the disposition of such charges |
obtained by the Department
shall be confidential and may not be |
transmitted outside the Department,
except as required herein, |
and may not be transmitted to anyone within the
Department |
except as needed for the purpose of evaluating an application |
or an
a child care facility employee or volunteer of a child |
care facility or non-licensed service provider . Only |
information and standards which bear a
reasonable and rational |
relation to the performance of a child care
facility shall be |
used by the Department or any licensee. Any employee of
the |
Department of Children and Family Services, Department of State |
Police,
or a child care facility receiving confidential |
information under this
Section who gives or causes to be given |
|
any confidential information
concerning any criminal |
convictions of an a child care facility applicant, or
child |
care facility employee , or volunteer of a child care facility |
or non-licensed service provider , shall be guilty of a Class A |
misdemeanor
unless release of such information is authorized by |
this Section.
|
A child care facility may hire, on a probationary basis, |
any employee or volunteer of a child care facility or |
non-licensed service provider
authorizing a criminal |
background investigation under this Section, pending
the |
result of such investigation. Employees and volunteers of a |
child care facility or non-licensed service provider shall be |
notified prior to
hiring that such employment may be terminated |
on the basis of criminal
background information obtained by the |
facility.
|
(Source: P.A. 93-418, eff. 1-1-04.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|