Bill Text: IL SB2655 | 2017-2018 | 100th General Assembly | Chaptered

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Bill Title: Amends the Juvenile Court Act of 1987. Provides that in selecting a permanency goal for a minor over age 15 of substitute care pending independence, the Department of Children and Family Services may provide services to enable reunification and to strengthen the minor's connections with family, fictive kin, and other responsible adults, provided the services are in the minor's best interest. Provides that those services shall be documented in the service plan. Makes conforming changes in the Children and Family Services Act.

Spectrum: Slight Partisan Bill (Democrat 5-3)

Status: (Passed) 2018-08-19 - Public Act . . . . . . . . . 100-0978 [SB2655 Detail]

Download: Illinois-2017-SB2655-Chaptered.html

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Public Act 100-0978
SB2655 Enrolled LRB100 19842 SLF 35118 b
AN ACT concerning juveniles.
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 5 as follows:
(20 ILCS 505/5) (from Ch. 23, par. 5005)
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.
(a) For purposes of this Section:
(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:
(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
(B) were accepted for care, service and training by
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

disability, social adjustment or any combination
thereof, or because of the need to complete an
educational or vocational training program.
(2) "Homeless youth" means persons found within the
State who are under the age of 19, are not in a safe and
stable living situation and cannot be reunited with their
families.
(3) "Child welfare services" means public social
services which are directed toward the accomplishment of
the following purposes:
(A) protecting and promoting the health, safety
and welfare of children, including homeless, dependent
or neglected children;
(B) remedying, or assisting in the solution of
problems which may result in, the neglect, abuse,
exploitation or delinquency of children;
(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
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;
(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

home without endangering the child's health and
safety;
(E) placing children in suitable adoptive homes,
in cases where restoration to the biological family is
not safe, possible or appropriate;
(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
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;
(G) (blank);
(H) (blank); and
(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:

(i) who are in a foster home, or
(ii) who are persons with a developmental
disability, as defined in the Mental Health and
Developmental Disabilities Code, or
(iii) who are female children who are
pregnant, pregnant and parenting or parenting, or
(iv) who are siblings, in facilities that
provide separate living quarters for children 18
years of age and older and for children under 18
years of age.
(b) Nothing in this Section shall be construed to authorize
the expenditure of public funds for the purpose of performing
abortions.
(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.
(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

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.
(e) (Blank).
(f) (Blank).
(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:
(1) adoption;
(2) foster care;
(3) family counseling;
(4) protective services;
(5) (blank);
(6) homemaker service;
(7) return of runaway children;
(8) (blank);
(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

Court Act of 1987 in accordance with the federal Adoption
Assistance and Child Welfare Act of 1980; and
(10) interstate services.
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
professional evaluation.
(h) If the Department finds that there is no appropriate
program or facility within or available to the Department for a
youth in care and that no licensed private facility has an
adequate and appropriate program or none agrees to accept the
youth in care, the Department shall create an appropriate
individualized, program-oriented plan for such youth in care.
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.
(i) Service programs shall be available throughout the
State and shall include but not be limited to the following
services:
(1) case management;
(2) homemakers;

(3) counseling;
(4) parent education;
(5) day care; and
(6) emergency assistance and advocacy.
In addition, the following services may be made available
to assess and meet the needs of children and families:
(1) comprehensive family-based services;
(2) assessments;
(3) respite care; and
(4) in-home health services.
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.
(j) The Department may provide categories of financial
assistance and education assistance grants, and shall
establish rules and regulations concerning the assistance and
grants, to persons who adopt children with physical or mental
disabilities, children who are older, or other hard-to-place
children who (i) immediately prior to their adoption were youth
in care 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

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
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 youth in care for 12 months immediately prior to the
appointment of the guardian.
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.
Any financial assistance provided under this subsection is
inalienable by assignment, sale, execution, attachment,
garnishment, or any other remedy for recovery or collection of
a judgment or debt.
(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

outside of the State of Illinois.
(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.
(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,
(ii) to reunite children with their families, or (iii) to
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, except
that reunification services may be offered as provided in
paragraph (F) of subsection (2) of Section 2-28 of that Act.
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
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.
The Department shall notify the child and his family of the
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
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
subsection (a-5) of Section 7.4 of the Abused and Neglected
Child Reporting Act.
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. On and after January 1, 2015 (the
effective date of Public Act 98-803) this amendatory Act of the
98th General Assembly and before January 1, 2017, 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 16 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. On and after January 1, 2017, 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. The Department shall
assign a caseworker to attend any hearing involving a youth in
the care and custody of the Department who is placed on
aftercare release, including hearings involving sanctions for
violation of aftercare release conditions and aftercare
release revocation hearings.
As soon as is possible after August 7, 2009 (the effective
date of Public Act 96-134), the Department shall develop and
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.
(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
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

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.
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
paramount concern.
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
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
reasonable efforts are no longer appropriate. The Department is
not required to provide further reunification services after
such a finding.
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.
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:
(1) the likelihood of prompt reunification;
(2) the past history of the family;
(3) the barriers to reunification being addressed by
the family;
(4) the level of cooperation of the family;
(5) the foster parents' willingness to work with the
family to reunite;
(6) the willingness and ability of the foster family to
provide an adoptive home or long-term placement;
(7) the age of the child;
(8) placement of siblings.
(m) The Department may assume temporary custody of any
child if:
(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
(2) the child is found in the State and neither a

parent, guardian nor custodian of the child can be located.
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
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.
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
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
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
1987.
The Department shall ensure that any child taken into
custody is scheduled for an appointment for a medical
examination.
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 10 day
period, the child shall be surrendered to the custody of the
requesting parent, guardian or custodian not later than the
expiration of the 10-day 10 day period, at which time the
authority and duties of the Department with respect to the
temporary custody of the child shall terminate.
(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
child is a youth in care who was placed in 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.
(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
guardians of the estates of those children, or by both the
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.
(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
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. Youth in
care who are placed by private child welfare agencies, and
foster families with whom those youth are placed, shall be
afforded the same procedural and appeal 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 ensure that any private child
welfare agency, which accepts youth in care for placement,
affords those rights to children and foster families. The
Department shall accept for 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 concerning a change in the placement of a
child shall be conducted in an expedited manner. A court
determination that a current foster home placement is necessary
and appropriate under Section 2-28 of the Juvenile Court Act of
1987 does not constitute a judicial determination on the merits
of an administrative appeal, filed by a former foster parent,
involving a change of placement decision.
(p) (Blank).
(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.
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 child or child with a disability 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 youth in care 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 July 22, 2010 (the effective date of
Public Act 96-1189) 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. 99-143, eff. 7-27-15; 99-933, eff. 1-27-17;
100-159, eff. 8-18-17; 100-522, eff. 9-22-17; revised
1-22-18.)
Section 6. The Custody Relinquishment Prevention Act is
amended by adding Sections 25, 30, and 40 as follows:
(20 ILCS 540/25 new)
Sec. 25. Specialized Family Support Program. For purposes
of addressing the problem of children remaining in psychiatric
hospitals beyond medical necessity, a child under 18 years of
age who has been diagnosed with a serious mental illness or
serious emotional disturbance and has been reported to, or is
at risk of being reported to the Department of Children and
Family Services Child Abuse Hotline as a minor at risk of
custody relinquishment shall be eligible for emergency access
to the Specialized Family Support Program for 90 days for
purposes of stabilizing the child and family, preventing a

psychiatric lockout, or custody relinquishment that leads to a
hospital stay beyond medical necessity.
(20 ILCS 540/30 new)
Sec. 30. Transition bed capacity.
(a) The Department of Healthcare and Family Services shall
use unspent or lapsed Individual Care Grant funds and Family
Support and Specialized Family Support Program funds to address
the shortage of Specialized Family Support Program transition
bed services for children that are appropriate for the acuity
level of the child's needs. The Department of Healthcare and
Family Services shall pay for increased capacity of Specialized
Family Support Program transition bed services beginning in
fiscal year 2019 using the Medicaid rate for residential
treatment plus consideration of an increased rate for capacity
building purposes. The Department of Healthcare and Family
Services shall work to develop this capacity in regions across
the State to ensure that a child is placed in a residential
treatment facility close to where the family resides to foster
family reunification. Within 60 days after the effective date
of this amendatory Act of the 100th General Assembly, the
Department of Healthcare and Family Services shall develop a
plan for increasing capacity for transitional bed services and
community-based treatment for the Family Support Program and
Specialized Family Support Program services that address the
acuity level of children in or at risk of psychiatric lockout

to ensure that the purchase of Specialized Family Support
Program transition bed services does not diminish the capacity
of longer term therapeutic residential treatment beds for youth
with high behavioral health needs. This report shall be
submitted to the General Assembly within 90 days after the
effective date of this amendatory Act of the 100th General
Assembly. The report to the General Assembly shall be filed
with the Clerk of the House of Representatives and the
Secretary of the Senate in electronic form only, in the manner
that the Clerk and the Secretary shall direct.
(b) Within 30 days after the effective date of this
amendatory Act of the 100th General Assembly the Department of
Children and Family Services shall increase its guaranteed
residential bed capacity by utilizing Department Rule Part 356
or the Illinois Purchased Care Review Board Rule.
(20 ILCS 540/40 new)
Sec. 40. Increasing awareness of the Family Support
Program.
(a) The Department of Healthcare and Family Services shall
undertake a one-year awareness campaign to educate hospitals
with in-patient psychiatric units for children on the
availability of services through the Family Support Program and
the Specialized Family Support Program for support of a child
with serious mental health needs. The campaign shall include
marketing materials for the programs, eligibility criteria,

information about the application process, and the value the
programs can bring to families to avoid psychiatric crises. The
Department shall begin this awareness campaign within 180 days
after the effective date of this amendatory Act of the 100th
General Assembly.
(b) This Section is repealed on July 15, 2020.
Section 7. The Mental Health and Developmental
Disabilities Administrative Act is amended by changing Section
7.1 as follows:
(20 ILCS 1705/7.1) (from Ch. 91 1/2, par. 100-7.1)
Sec. 7.1. Individual Care Grants.
(a) For the purposes of this Section 7.1, "Department"
means the Department of Healthcare and Family Services.
(b) To assist families in seeking intensive
community-based services or residential placement for children
with mental illness, for whom no appropriate care is available
in State-operated facilities, the Department shall supplement
the amount a family is able to pay, as determined by the
Department and the amount available from other sources,
provided the Department's share shall not exceed a uniform
maximum rate to be determined from time to time by the
Department. The Department may exercise the authority under
this Section as is necessary to implement the provisions of
Section 5-5.23 of the Illinois Public Aid Code and to

administer Individual Care Grants. The Department shall work
collaboratively with stakeholders and family representatives
in the implementation of this Section.
(c) A child shall continue to be eligible for an Individual
Care Grant if the child is placed in the temporary custody of
the Department of Children and Family Services under Article II
of the Juvenile Care Act of 1987 because the child was left at
a psychiatric hospital beyond medical necessity and an
application for the Family Support Program was pending with the
Department or an active application was being reviewed by the
Department when the petition under the Juvenile Court Act of
1987 was filed.
(d) If the Department determines that the child meets all
the eligibility criteria for Family Support Services and
approves the application, the Department shall notify the
parents and the Department of Children and Family Services. The
court hearing the child's case under the Juvenile Court Act of
1987 shall conduct a hearing within 14 days after all parties
have been notified and determine whether to vacate the custody
or guardianship of the Department of Children and Family
Services and return the child to the custody of his or her
parents with Family Support Services in place or whether the
child shall continue in the custody of the Department of
Children and Family Services and decline the Family Support
Program. The court shall conduct the hearing under Section 2-4b
of the Juvenile Court Act of 1987. If the court vacates the

custody or guardianship of the Department of Children and
Family Services and returns the child to the custody of the
respondent with Family Support Services, the Department shall
become fiscally responsible for providing services to the
child. If the court determines that the child shall continue in
the custody of the Department of Children and Family Services,
the Department of Children and Family Services shall remain
fiscally responsible for providing services to the child, the
Family Support Services shall be declined, and the child shall
no longer be eligible for Family Support Services.
(e) The Department shall provide an expedited review
process for applications for minors in the custody or
guardianship of the Department of Children and Family Services
who continue to remain eligible for Individual Care Grants. The
Department shall work collaboratively with stakeholders,
including legal representatives of minors in care, providers of
residential treatment services, and with the Department of
Children and Family Services, to ensure that minors who are
recipients of Individual Care Grants under this Section and
Section 2-4b of the Juvenile Court Act of 1987 do not
experience a disruption in services if the minor transitions
from one program to another. The Department shall adopt rules
to implement this Section no later than July 1, 2019.
(Source: P.A. 99-479, eff. 9-10-15.)
Section 10. The Juvenile Court Act of 1987 is amended by

changing Sections 2-23 and 2-28 and by adding Section 2-4b as
follows:
(705 ILCS 405/2-4b new)
Sec. 2-4b. Family Support Program services; hearing.
(a) Any minor who is placed in the custody or guardianship
of the Department of Children and Family Services under Article
II of this Act on the basis of a petition alleging that the
minor is dependent because the minor was left at a psychiatric
hospital beyond medical necessity, and for whom an application
for the Family Support Program was pending with the Department
of Healthcare and Family Services or an active application was
being reviewed by the Department of Healthcare and Family
Services at the time the petition was filed, shall continue to
be considered eligible for services if all other eligibility
criteria are met.
(b) The court shall conduct a hearing within 14 days upon
notification to all parties that an application for the Family
Support Program services has been approved and services are
available. At the hearing, the court shall determine whether to
vacate the custody or guardianship of the Department of
Children and Family Services and return the minor to the
custody of the respondent with Family Support Program services
or whether the minor shall continue to be in the custody or
guardianship of the Department of Children and Family Services
and decline the Family Support Program services. In making its

determination, the court shall consider the minor's best
interest, the involvement of the respondent in proceedings
under this Act, the involvement of the respondent in the
minor's treatment, the relationship between the minor and the
respondent, and any other factor the court deems relevant. If
the court vacates the custody or guardianship of the Department
of Children and Family Services and returns the minor to the
custody of the respondent with Family Support Services, the
Department of Healthcare and Family Services shall become
fiscally responsible for providing services to the minor. If
the court determines that the minor shall continue in the
custody of the Department of Children and Family Services, the
Department of Children and Family Services shall remain
fiscally responsible for providing services to the minor, the
Family Support Services shall be declined, and the minor shall
no longer be eligible for Family Support Services.
(c) This Section does not apply to a minor:
(1) for whom a petition has been filed under this Act
alleging that he or she is an abused or neglected minor;
(2) for whom the court has made a finding that he or
she is an abused or neglected minor under this Act; or
(3) who is in the temporary custody of the Department
of Children and Family Services and the minor has been the
subject of an indicated allegation of abuse or neglect,
other than for psychiatric lock-out, where a respondent was
the perpetrator within 5 years of the filing of the pending

petition.
(705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
Sec. 2-23. Kinds of dispositional orders.
(1) The following kinds of orders of disposition may be
made in respect of wards of the court:
(a) A minor under 18 years of age found to be neglected
or abused under Section 2-3 or dependent under Section 2-4
may be (1) continued in the custody of his or her parents,
guardian or legal custodian; (2) placed in accordance with
Section 2-27; (3) restored to the custody of the parent,
parents, guardian, or legal custodian, provided the court
shall order the parent, parents, guardian, or legal
custodian to cooperate with the Department of Children and
Family Services and comply with the terms of an after-care
plan or risk the loss of custody of the child and the
possible termination of their parental rights; or (4)
ordered partially or completely emancipated in accordance
with the provisions of the Emancipation of Minors Act.
However, in any case in which a minor is found by the
court to be neglected or abused under Section 2-3 of this
Act, custody of the minor shall not be restored to any
parent, guardian or legal custodian whose acts or omissions
or both have been identified, pursuant to subsection (1) of
Section 2-21, as forming the basis for the court's finding
of abuse or neglect, until such time as a hearing is held

on the issue of the best interests of the minor and the
fitness of such parent, guardian or legal custodian to care
for the minor without endangering the minor's health or
safety, and the court enters an order that such parent,
guardian or legal custodian is fit to care for the minor.
(b) A minor under 18 years of age found to be dependent
under Section 2-4 may be (1) placed in accordance with
Section 2-27 or (2) ordered partially or completely
emancipated in accordance with the provisions of the
Emancipation of Minors Act.
However, in any case in which a minor is found by the
court to be dependent under Section 2-4 of this Act,
custody of the minor shall not be restored to any parent,
guardian or legal custodian whose acts or omissions or both
have been identified, pursuant to subsection (1) of Section
2-21, as forming the basis for the court's finding of
dependency, until such time as a hearing is held on the
issue of the fitness of such parent, guardian or legal
custodian to care for the minor without endangering the
minor's health or safety, and the court enters an order
that such parent, guardian or legal custodian is fit to
care for the minor.
(b-1) A minor between the ages of 18 and 21 may be
placed pursuant to Section 2-27 of this Act if (1) the
court has granted a supplemental petition to reinstate
wardship of the minor pursuant to subsection (2) of Section

2-33, or (2) the court has adjudicated the minor a ward of
the court, permitted the minor to return home under an
order of protection, and subsequently made a finding that
it is in the minor's best interest to vacate the order of
protection and commit the minor to the Department of
Children and Family Services for care and service, or (3)
the court returned the minor to the custody of the
respondent under Section 2-4b of this Act without
terminating the proceedings under Section 2-31 of this Act,
and subsequently made a finding that it is in the minor's
best interest to commit the minor to the Department of
Children and Family Services for care and services.
(c) When the court awards guardianship to the
Department of Children and Family Services, the court shall
order the parents to cooperate with the Department of
Children and Family Services, comply with the terms of the
service plans, and correct the conditions that require the
child to be in care, or risk termination of their parental
rights.
(2) Any order of disposition may provide for protective
supervision under Section 2-24 and may include an order of
protection under Section 2-25.
Unless the order of disposition expressly so provides, it
does not operate to close proceedings on the pending petition,
but is subject to modification, not inconsistent with Section
2-28, until final closing and discharge of the proceedings

under Section 2-31.
(3) The court also shall enter any other orders necessary
to fulfill the service plan, including, but not limited to, (i)
orders requiring parties to cooperate with services, (ii)
restraining orders controlling the conduct of any party likely
to frustrate the achievement of the goal, and (iii) visiting
orders. When the child is placed separately from a sibling, the
court shall review the Sibling Contact Support Plan developed
under subsection (f) of Section 7.4 of the Children and Family
Services Act, if applicable. If the Department has not convened
a meeting to develop a Sibling Contact Support Plan, or if the
court finds that the existing Plan is not in the child's best
interest, the court may enter an order requiring the Department
to develop and implement a Sibling Contact Support Plan under
subsection (f) of Section 7.4 of the Children and Family
Services Act or order mediation. Unless otherwise specifically
authorized by law, the court is not empowered under this
subsection (3) to order specific placements, specific
services, or specific service providers to be included in the
plan. If, after receiving evidence, the court determines that
the services contained in the plan are not reasonably
calculated to facilitate achievement of the permanency goal,
the court shall put in writing the factual basis supporting the
determination and enter specific findings based on the
evidence. The court also shall enter an order for the
Department to develop and implement a new service plan or to

implement changes to the current service plan consistent with
the court's findings. The new service plan shall be filed with
the court and served on all parties within 45 days after the
date of the order. The court shall continue the matter until
the new service plan is filed. Except as authorized by
subsection (3.5) of this Section or authorized by law, the
court is not empowered under this Section to order specific
placements, specific services, or specific service providers
to be included in the service plan.
(3.5) If, after reviewing the evidence, including evidence
from the Department, the court determines that the minor's
current or planned placement is not necessary or appropriate to
facilitate achievement of the permanency goal, the court shall
put in writing the factual basis supporting its determination
and enter specific findings based on the evidence. If the court
finds that the minor's current or planned placement is not
necessary or appropriate, the court may enter an order
directing the Department to implement a recommendation by the
minor's treating clinician or a clinician contracted by the
Department to evaluate the minor or a recommendation made by
the Department. If the Department places a minor in a placement
under an order entered under this subsection (3.5), the
Department has the authority to remove the minor from that
placement when a change in circumstances necessitates the
removal to protect the minor's health, safety, and best
interest. If the Department determines removal is necessary,

the Department shall notify the parties of the planned
placement change in writing no later than 10 days prior to the
implementation of its determination unless remaining in the
placement poses an imminent risk of harm to the minor, in which
case the Department shall notify the parties of the placement
change in writing immediately following the implementation of
its decision. The Department shall notify others of the
decision to change the minor's placement as required by
Department rule.
(4) In addition to any other order of disposition, the
court may order any minor adjudicated neglected with respect to
his or her own injurious behavior to make restitution, in
monetary or non-monetary form, under the terms and conditions
of Section 5-5-6 of the Unified Code of Corrections, except
that the "presentence hearing" referred to therein shall be the
dispositional hearing for purposes of this Section. The parent,
guardian or legal custodian of the minor may pay some or all of
such restitution on the minor's behalf.
(5) Any order for disposition where the minor is committed
or placed in accordance with Section 2-27 shall provide for the
parents or guardian of the estate of such minor to pay to the
legal custodian or guardian of the person of the minor such
sums as are determined by the custodian or guardian of the
person of the minor as necessary for the minor's needs. Such
payments may not exceed the maximum amounts provided for by
Section 9.1 of the Children and Family Services Act.

(6) Whenever the order of disposition requires the minor to
attend school or participate in a program of training, the
truant officer or designated school official shall regularly
report to the court if the minor is a chronic or habitual
truant under Section 26-2a of the School Code.
(7) The court may terminate the parental rights of a parent
at the initial dispositional hearing if all of the conditions
in subsection (5) of Section 2-21 are met.
(Source: P.A. 100-45, eff. 8-11-17.)
(705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
Sec. 2-28. Court review.
(1) The court may require any legal custodian or guardian
of the person appointed under this Act to report periodically
to the court or may cite him into court and require him or his
agency, to make a full and accurate report of his or its doings
in behalf of the minor. The custodian or guardian, within 10
days after such citation, or earlier if the court determines it
to be necessary to protect the health, safety, or welfare of
the minor, shall make the report, either in writing verified by
affidavit or orally under oath in open court, or otherwise as
the court directs. Upon the hearing of the report the court may
remove the custodian or guardian and appoint another in his
stead or restore the minor to the custody of his parents or
former guardian or custodian. However, custody of the minor
shall not be restored to any parent, guardian or legal

custodian in any case in which the minor is found to be
neglected or abused under Section 2-3 or dependent under
Section 2-4 of this Act, unless the minor can be cared for at
home without endangering the minor's health or safety and it is
in the best interests of the minor, and if such neglect, abuse,
or dependency is found by the court under paragraph (1) of
Section 2-21 of this Act to have come about due to the acts or
omissions or both of such parent, guardian or legal custodian,
until such time as an investigation is made as provided in
paragraph (5) and a hearing is held on the issue of the fitness
of such parent, guardian or legal custodian to care for the
minor and the court enters an order that such parent, guardian
or legal custodian is fit to care for the minor.
(1.5) The public agency that is the custodian or guardian
of the minor shall file a written report with the court no
later than 15 days after a minor in the agency's care remains:
(1) in a shelter placement beyond 30 days;
(2) in a psychiatric hospital past the time when the
minor is clinically ready for discharge or beyond medical
necessity for the minor's health; or
(3) in a detention center or Department of Juvenile
Justice facility solely because the public agency cannot
find an appropriate placement for the minor.
The report shall explain the steps the agency is taking to
ensure the minor is placed appropriately, how the minor's needs
are being met in the minor's shelter placement, and if a future

placement has been identified by the Department, why the
anticipated placement is appropriate for the needs of the minor
and the anticipated placement date.
(2) The first permanency hearing shall be conducted by the
judge. Subsequent permanency hearings may be heard by a judge
or by hearing officers appointed or approved by the court in
the manner set forth in Section 2-28.1 of this Act. The initial
hearing shall be held (a) within 12 months from the date
temporary custody was taken, regardless of whether an
adjudication or dispositional hearing has been completed
within that time frame, (b) if the parental rights of both
parents have been terminated in accordance with the procedure
described in subsection (5) of Section 2-21, within 30 days of
the order for termination of parental rights and appointment of
a guardian with power to consent to adoption, or (c) in
accordance with subsection (2) of Section 2-13.1. Subsequent
permanency hearings shall be held every 6 months or more
frequently if necessary in the court's determination following
the initial permanency hearing, in accordance with the
standards set forth in this Section, until the court determines
that the plan and goal have been achieved. Once the plan and
goal have been achieved, if the minor remains in substitute
care, the case shall be reviewed at least every 6 months
thereafter, subject to the provisions of this Section, unless
the minor is placed in the guardianship of a suitable relative
or other person and the court determines that further

monitoring by the court does not further the health, safety or
best interest of the child and that this is a stable permanent
placement. The permanency hearings must occur within the time
frames set forth in this subsection and may not be delayed in
anticipation of a report from any source or due to the agency's
failure to timely file its written report (this written report
means the one required under the next paragraph and does not
mean the service plan also referred to in that paragraph).
The public agency that is the custodian or guardian of the
minor, or another agency responsible for the minor's care,
shall ensure that all parties to the permanency hearings are
provided a copy of the most recent service plan prepared within
the prior 6 months at least 14 days in advance of the hearing.
If not contained in the agency's service plan, the agency shall
also include a report setting forth (i) any special physical,
psychological, educational, medical, emotional, or other needs
of the minor or his or her family that are relevant to a
permanency or placement determination and (ii) for any minor
age 16 or over, a written description of the programs and
services that will enable the minor to prepare for independent
living. If not contained in the agency's service plan, the
agency's report shall specify if a minor is placed in a
licensed child care facility under a corrective plan by the
Department due to concerns impacting the minor's safety and
well-being. The report shall explain the steps the Department
is taking to ensure the safety and well-being of the minor and

that the minor's needs are met in the facility. The agency's
written report must detail what progress or lack of progress
the parent has made in correcting the conditions requiring the
child to be in care; whether the child can be returned home
without jeopardizing the child's health, safety, and welfare,
and if not, what permanency goal is recommended to be in the
best interests of the child, and why the other permanency goals
are not appropriate. The caseworker must appear and testify at
the permanency hearing. If a permanency hearing has not
previously been scheduled by the court, the moving party shall
move for the setting of a permanency hearing and the entry of
an order within the time frames set forth in this subsection.
At the permanency hearing, the court shall determine the
future status of the child. The court shall set one of the
following permanency goals:
(A) The minor will be returned home by a specific date
within 5 months.
(B) The minor will be in short-term care with a
continued goal to return home within a period not to exceed
one year, where the progress of the parent or parents is
substantial giving particular consideration to the age and
individual needs of the minor.
(B-1) The minor will be in short-term care with a
continued goal to return home pending a status hearing.
When the court finds that a parent has not made reasonable
efforts or reasonable progress to date, the court shall

identify what actions the parent and the Department must
take in order to justify a finding of reasonable efforts or
reasonable progress and shall set a status hearing to be
held not earlier than 9 months from the date of
adjudication nor later than 11 months from the date of
adjudication during which the parent's progress will again
be reviewed.
(C) The minor will be in substitute care pending court
determination on termination of parental rights.
(D) Adoption, provided that parental rights have been
terminated or relinquished.
(E) The guardianship of the minor will be transferred
to an individual or couple on a permanent basis provided
that goals (A) through (D) have been ruled out.
(F) The minor over age 15 will be in substitute care
pending independence. In selecting this permanency goal,
the Department of Children and Family Services may provide
services to enable reunification and to strengthen the
minor's connections with family, fictive kin, and other
responsible adults, provided the services are in the
minor's best interest. The services shall be documented in
the service plan.
(G) The minor will be in substitute care because he or
she cannot be provided for in a home environment due to
developmental disabilities or mental illness or because he
or she is a danger to self or others, provided that goals

(A) through (D) have been ruled out.
In selecting any permanency goal, the court shall indicate
in writing the reasons the goal was selected and why the
preceding goals were ruled out. Where the court has selected a
permanency goal other than (A), (B), or (B-1), the Department
of Children and Family Services shall not provide further
reunification services, except as provided in paragraph (F) of
this subsection (2), but shall provide services consistent with
the goal selected.
(H) Notwithstanding any other provision in this
Section, the court may select the goal of continuing foster
care as a permanency goal if:
(1) The Department of Children and Family Services
has custody and guardianship of the minor;
(2) The court has ruled out all other permanency
goals based on the child's best interest;
(3) The court has found compelling reasons, based
on written documentation reviewed by the court, to
place the minor in continuing foster care. Compelling
reasons include:
(a) the child does not wish to be adopted or to
be placed in the guardianship of his or her
relative or foster care placement;
(b) the child exhibits an extreme level of need
such that the removal of the child from his or her
placement would be detrimental to the child; or

(c) the child who is the subject of the
permanency hearing has existing close and strong
bonds with a sibling, and achievement of another
permanency goal would substantially interfere with
the subject child's sibling relationship, taking
into consideration the nature and extent of the
relationship, and whether ongoing contact is in
the subject child's best interest, including
long-term emotional interest, as compared with the
legal and emotional benefit of permanence;
(4) The child has lived with the relative or foster
parent for at least one year; and
(5) The relative or foster parent currently caring
for the child is willing and capable of providing the
child with a stable and permanent environment.
The court shall set a permanency goal that is in the best
interest of the child. In determining that goal, the court
shall consult with the minor in an age-appropriate manner
regarding the proposed permanency or transition plan for the
minor. The court's determination shall include the following
factors:
(1) Age of the child.
(2) Options available for permanence, including both
out-of-State and in-State placement options.
(3) Current placement of the child and the intent of
the family regarding adoption.

(4) Emotional, physical, and mental status or
condition of the child.
(5) Types of services previously offered and whether or
not the services were successful and, if not successful,
the reasons the services failed.
(6) Availability of services currently needed and
whether the services exist.
(7) Status of siblings of the minor.
The court shall consider (i) the permanency goal contained
in the service plan, (ii) the appropriateness of the services
contained in the plan and whether those services have been
provided, (iii) whether reasonable efforts have been made by
all the parties to the service plan to achieve the goal, and
(iv) whether the plan and goal have been achieved. All evidence
relevant to determining these questions, including oral and
written reports, may be admitted and may be relied on to the
extent of their probative value.
The court shall make findings as to whether, in violation
of Section 8.2 of the Abused and Neglected Child Reporting Act,
any portion of the service plan compels a child or parent to
engage in any activity or refrain from any activity that is not
reasonably related to remedying a condition or conditions that
gave rise or which could give rise to any finding of child
abuse or neglect. The services contained in the service plan
shall include services reasonably related to remedy the
conditions that gave rise to removal of the child from the home

of his or her parents, guardian, or legal custodian or that the
court has found must be remedied prior to returning the child
home. Any tasks the court requires of the parents, guardian, or
legal custodian or child prior to returning the child home,
must be reasonably related to remedying a condition or
conditions that gave rise to or which could give rise to any
finding of child abuse or neglect.
If the permanency goal is to return home, the court shall
make findings that identify any problems that are causing
continued placement of the children away from the home and
identify what outcomes would be considered a resolution to
these problems. The court shall explain to the parents that
these findings are based on the information that the court has
at that time and may be revised, should additional evidence be
presented to the court.
The court shall review the Sibling Contact Support Plan
developed or modified under subsection (f) of Section 7.4 of
the Children and Family Services Act, if applicable. If the
Department has not convened a meeting to develop or modify a
Sibling Contact Support Plan, or if the court finds that the
existing Plan is not in the child's best interest, the court
may enter an order requiring the Department to develop, modify
or implement a Sibling Contact Support Plan, or order
mediation.
If the goal has been achieved, the court shall enter orders
that are necessary to conform the minor's legal custody and

status to those findings.
If, after receiving evidence, the court determines that the
services contained in the plan are not reasonably calculated to
facilitate achievement of the permanency goal, the court shall
put in writing the factual basis supporting the determination
and enter specific findings based on the evidence. The court
also shall enter an order for the Department to develop and
implement a new service plan or to implement changes to the
current service plan consistent with the court's findings. The
new service plan shall be filed with the court and served on
all parties within 45 days of the date of the order. The court
shall continue the matter until the new service plan is filed.
Except as authorized by subsection (2.5) of this Section and as
otherwise specifically authorized by law, the court is not
empowered under this Section to order specific placements,
specific services, or specific service providers to be included
in the service plan.
A guardian or custodian appointed by the court pursuant to
this Act shall file updated case plans with the court every 6
months.
Rights of wards of the court under this Act are enforceable
against any public agency by complaints for relief by mandamus
filed in any proceedings brought under this Act.
(2.5) If, after reviewing the evidence, including evidence
from the Department, the court determines that the minor's
current or planned placement is not necessary or appropriate to

facilitate achievement of the permanency goal, the court shall
put in writing the factual basis supporting its determination
and enter specific findings based on the evidence. If the court
finds that the minor's current or planned placement is not
necessary or appropriate, the court may enter an order
directing the Department to implement a recommendation by the
minor's treating clinician or a clinician contracted by the
Department to evaluate the minor or a recommendation made by
the Department. If the Department places a minor in a placement
under an order entered under this subsection (2.5), the
Department has the authority to remove the minor from that
placement when a change in circumstances necessitates the
removal to protect the minor's health, safety, and best
interest. If the Department determines removal is necessary,
the Department shall notify the parties of the planned
placement change in writing no later than 10 days prior to the
implementation of its determination unless remaining in the
placement poses an imminent risk of harm to the minor, in which
case the Department shall notify the parties of the placement
change in writing immediately following the implementation of
its decision. The Department shall notify others of the
decision to change the minor's placement as required by
Department rule.
(3) Following the permanency hearing, the court shall enter
a written order that includes the determinations required under
subsection (2) of this Section and sets forth the following:

(a) The future status of the minor, including the
permanency goal, and any order necessary to conform the
minor's legal custody and status to such determination; or
(b) If the permanency goal of the minor cannot be
achieved immediately, the specific reasons for continuing
the minor in the care of the Department of Children and
Family Services or other agency for short term placement,
and the following determinations:
(i) (Blank).
(ii) Whether the services required by the court and
by any service plan prepared within the prior 6 months
have been provided and (A) if so, whether the services
were reasonably calculated to facilitate the
achievement of the permanency goal or (B) if not
provided, why the services were not provided.
(iii) Whether the minor's current or planned
placement current or planned is necessary, and
appropriate to the plan and goal, recognizing the right
of minors to the least restrictive (most family-like)
setting available and in close proximity to the
parents' home consistent with the health, safety, best
interest and special needs of the minor and, if the
minor is placed out-of-State, whether the out-of-State
placement continues to be appropriate and consistent
with the health, safety, and best interest of the
minor.

(iv) (Blank).
(v) (Blank).
(4) The minor or any person interested in the minor may
apply to the court for a change in custody of the minor and the
appointment of a new custodian or guardian of the person or for
the restoration of the minor to the custody of his parents or
former guardian or custodian.
When return home is not selected as the permanency goal:
(a) The Department, the minor, or the current foster
parent or relative caregiver seeking private guardianship
may file a motion for private guardianship of the minor.
Appointment of a guardian under this Section requires
approval of the court.
(b) The State's Attorney may file a motion to terminate
parental rights of any parent who has failed to make
reasonable efforts to correct the conditions which led to
the removal of the child or reasonable progress toward the
return of the child, as defined in subdivision (D)(m) of
Section 1 of the Adoption Act or for whom any other
unfitness ground for terminating parental rights as
defined in subdivision (D) of Section 1 of the Adoption Act
exists.
When parental rights have been terminated for a minimum
of 3 years and the child who is the subject of the
permanency hearing is 13 years old or older and is not
currently placed in a placement likely to achieve

permanency, the Department of Children and Family Services
shall make reasonable efforts to locate parents whose
rights have been terminated, except when the Court
determines that those efforts would be futile or
inconsistent with the subject child's best interests. The
Department of Children and Family Services shall assess the
appropriateness of the parent whose rights have been
terminated, and shall, as appropriate, foster and support
connections between the parent whose rights have been
terminated and the youth. The Department of Children and
Family Services shall document its determinations and
efforts to foster connections in the child's case plan.
Custody of the minor shall not be restored to any parent,
guardian or legal custodian in any case in which the minor is
found to be neglected or abused under Section 2-3 or dependent
under Section 2-4 of this Act, unless the minor can be cared
for at home without endangering his or her health or safety and
it is in the best interest of the minor, and if such neglect,
abuse, or dependency is found by the court under paragraph (1)
of Section 2-21 of this Act to have come about due to the acts
or omissions or both of such parent, guardian or legal
custodian, until such time as an investigation is made as
provided in paragraph (5) and a hearing is held on the issue of
the health, safety and best interest of the minor and the
fitness of such parent, guardian or legal custodian to care for
the minor and the court enters an order that such parent,

guardian or legal custodian is fit to care for the minor. In
the event that the minor has attained 18 years of age and the
guardian or custodian petitions the court for an order
terminating his guardianship or custody, guardianship or
custody shall terminate automatically 30 days after the receipt
of the petition unless the court orders otherwise. No legal
custodian or guardian of the person may be removed without his
consent until given notice and an opportunity to be heard by
the court.
When the court orders a child restored to the custody of
the parent or parents, the court shall order the parent or
parents to cooperate with the Department of Children and Family
Services and comply with the terms of an after-care plan, or
risk the loss of custody of the child and possible termination
of their parental rights. The court may also enter an order of
protective supervision in accordance with Section 2-24.
(5) Whenever a parent, guardian, or legal custodian files a
motion for restoration of custody of the minor, and the minor
was adjudicated neglected, abused, or dependent as a result of
physical abuse, the court shall cause to be made an
investigation as to whether the movant has ever been charged
with or convicted of any criminal offense which would indicate
the likelihood of any further physical abuse to the minor.
Evidence of such criminal convictions shall be taken into
account in determining whether the minor can be cared for at
home without endangering his or her health or safety and

fitness of the parent, guardian, or legal custodian.
(a) Any agency of this State or any subdivision thereof
shall co-operate with the agent of the court in providing
any information sought in the investigation.
(b) The information derived from the investigation and
any conclusions or recommendations derived from the
information shall be provided to the parent, guardian, or
legal custodian seeking restoration of custody prior to the
hearing on fitness and the movant shall have an opportunity
at the hearing to refute the information or contest its
significance.
(c) All information obtained from any investigation
shall be confidential as provided in Section 5-150 of this
Act.
(Source: P.A. 100-45, eff. 8-11-17; 100-136, eff. 8-18-17;
100-229, eff. 1-1-18; revised 10-10-17.)
Section 99. Effective date. This Act takes effect upon
becoming law.