Bill Text: IL SB3041 | 2015-2016 | 99th General Assembly | Engrossed

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Bill Title: Amends the Children and Family Services Act. Provides that each child who comes into the care and custody of the Department of Children and Family Services is fully entitled to participate in appropriate extracurricular, enrichment, cultural, and social activities in a manner that allows that child to participate in his or her community to the fullest extent possible. Requires caregivers to use the reasonable and prudent parent standard in determining whether to give permission for a child in out-of-home care to participate in appropriate extracurricular, enrichment, cultural, and social activities. Requires caregivers to consider certain factors when using the reasonable and prudent parent standard, including: (i) the child's age, maturity, and developmental level to promote the overall health, safety, and best interests of the child; and (ii) the importance and fundamental value of encouraging the child's emotional and developmental growth gained through participation in activities in his or her community. Provides that a caregiver is not liable for harm caused to a child in out-of-home care who participates in an activity approved by the caregiver. Grants the Department rulemaking authority. Effective immediately.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Engrossed - Dead) 2016-04-14 - Referred to Rules Committee [SB3041 Detail]

Download: Illinois-2015-SB3041-Engrossed.html

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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Children and Family Services Act is amended
by adding Section 7.3a as follows:
(20 ILCS 505/7.3a new)
Sec. 7.3a. Normalcy parenting for children in foster care;
participation in childhood activities.
(a) Legislative findings.
(1) Every day parents make important decisions about
their child's participation in extracurricular activities.
Caregivers for children in out-of-home care are faced with
making the same decisions.
(2) When a caregiver makes decisions, he or she must
consider applicable laws, rules, and regulations to
safeguard the health, safety, and best interests of a child
in out-of-home care.
(3) Participation in extracurricular activities is
important to a child's well-being, not only emotionally,
but also in developing valuable life skills.
(4) The General Assembly recognizes the importance of
making every effort to normalize the lives of children in
out-of-home care and to empower a caregiver to approve or

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not approve a child's participation in appropriate
extracurricular activities based on the caregiver's own
assessment using the reasonable and prudent parent
standard, without prior approval of the Department, the
caseworker, or the court.
(5) Nothing in this Section shall be presumed to
discourage or diminish the engagement of families and
guardians in the child's life activities.
(b) Definitions. As used in this Section:
"Appropriate activities" means activities or items that
are generally accepted as suitable for children of the same
chronological age or developmental level of maturity.
Appropriateness is based on the development of cognitive,
emotional, physical, and behavioral capacity that is typical
for an age or age group, taking into account the individual
child's cognitive, emotional, physical, and behavioral
development.
"Caregiver" means a person with whom the child is placed in
out-of-home care or a designated official for child care
facilities licensed by the Department as defined in the Child
Care Act of 1969.
"Reasonable and prudent parent standard" means the
standard characterized by careful and sensible parental
decisions that maintain the child's health, safety, and best
interests while at the same time supporting the child's
emotional and developmental growth that a caregiver shall use

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when determining whether to allow a child in out-of-home care
to participate in extracurricular, enrichment, cultural, and
social activities.
(c) Requirements for decision-making.
(1) Each child who comes into the care and custody of
the Department is fully entitled to participate in
appropriate extracurricular, enrichment, cultural, and
social activities in a manner that allows that child to
participate in his or her community to the fullest extent
possible.
(2) Caregivers must use the reasonable and prudent
parent standard in determining whether to give permission
for a child in out-of-home care to participate in
appropriate extracurricular, enrichment, cultural, and
social activities. Caregivers are expected to promote and
support a child's participation in such activities. When
using the reasonable and prudent parent standard, the
caregiver shall consider:
(A) the child's age, maturity, and developmental
level to promote the overall health, safety, and best
interests of the child;
(B) the best interest of the child based on
information known by the caregiver;
(C) the importance and fundamental value of
encouraging the child's emotional and developmental
growth gained through participation in activities in

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his or her community;
(D) the importance and fundamental value of
providing the child with the most family-like living
experience possible; and
(E) the behavioral history of the child and the
child's ability to safely participate in the proposed
activity.
(3) A caregiver is not liable for harm caused to a
child in out-of-home care who participates in an activity
approved by the caregiver, provided that the caregiver has
acted as a reasonable and prudent parent in permitting the
child to engage in the activity.
(d) Rulemaking. The Department shall adopt, by rule,
procedures no later than June 1, 2017 that promote and protect
the ability of children to participate in appropriate
extracurricular, enrichment, cultural, and social activities.