Bill Text: IL SB3196 | 2025-2026 | 104th General Assembly | Enrolled

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Bill Title: Amends the Children and Family Services Act. In provisions requiring the Department of Children and Family Services to establish rules concerning transition planning for youth aging out of care, requires the Department to consult with the Statewide Youth Advisory Board to determine the effectiveness of existing programs, to identify new programming that supports youth transitions to independence, and to advise on how information about transitional services is communicated to youth in a clear, timely, and age-appropriate manner. Requires the Department to develop, by July 1, 2027, procedures setting forth a process by which: (i) a youth or a youth's representative can request an accounting or explanation of financial decisions made by the Department or child welfare contributing agency for any monies held on behalf of the youth; and (ii) the Department or child welfare contributing agency acknowledges receipt of the request, provides a written response within a defined period, and outlines steps for review or correction when an error or dispute regarding the accounting is identified. Requires the Department to ensure that each youth in care, if applicable, receives age-appropriate financial guidance designed to build financial literacy and informed decision-making regarding the youth's Social Security benefits, Supplemental Security Income benefits, veterans benefits, or Railroad Retirement benefits. Contains provisions on the development of tailored youth-driven transition plans; notification to youth on the location of necessary documents and any financial accounts open in their name; the development of a curriculum guided program for youth transitioning out of care; written and verbal notice on a youth's scheduled Successful Transition to Adulthood Review (STAR) hearings; requirements on residential treatment centers, group homes, transitional living programs, and the Department to ensure a youth's attendance at a scheduled STAR hearing; and other matters. Amends the Juvenile Court Act of 1987. In provisions concerning STAR hearings, requires the Department to allow a minor the opportunity to express to the court the minor's goals, preferences, and concerns regarding the minor's transition to independence. Requires the court to review and ensure the Department is in compliance with its statutory obligation to support the minor's meaningful engagement in STAR hearings.

Sponsorship: Strong Partisan Bill (Democrat 15-1)

Status: (Enrolled) 2026-06-18 - Sent to the Governor [SB3196 Detail]

Download: Illinois-2025-SB3196-Enrolled.html

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AN ACT concerning children.
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 Sections 5 and 35.10 as follows:
(20 ILCS 505/5)
(Text of Section before amendment by P.A. 104-107)
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 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

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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

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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 permanent family
arrangements, through guardianship or adoption, in
cases where restoration to the birth family is not
safe, possible, or appropriate;
(F) at the time of placement, conducting
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

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(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) (Blank).
(b-5) The Department shall adopt rules to establish a
process for all licensed residential providers in Illinois to
submit data as required by the Department if they contract or
receive reimbursement for children's mental health, substance
use, and developmental disability services from the Department
of Human Services, the Department of Juvenile Justice, or the
Department of Healthcare and Family Services. The requested
data must include, but is not limited to, capacity, staffing,
and occupancy data for the purpose of establishing State need
and placement availability.
All information collected, shared, or stored pursuant to
this subsection shall be handled in accordance with all State
and federal privacy laws and accompanying regulations and
rules, including, without limitation, the federal Health
Insurance Portability and Accountability Act of 1996 (Public
Law 104-191) and the Mental Health and Developmental

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Disabilities Confidentiality Act.
(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).

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(g) The Department shall establish rules and regulations
concerning its operation of programs designed to meet the
goals of child safety and protection, family preservation, and
permanency, including, but not limited to:
(1) reunification, guardianship, and adoption;
(2) relative and licensed 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 screening techniques to identify substance
use disorders, as defined in the Substance Use Disorder Act,
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 for an assessment at an organization appropriately

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licensed by the Department of Human Services for substance use
disorder treatment.
(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;
(6) emergency assistance and advocacy; and
(7) kinship navigator and relative caregiver supports.
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

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(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 or become subsidized guardians of
children with physical or mental disabilities, children who
are older, or other hard-to-place children who (i) immediately
prior to their adoption or subsidized guardianship 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

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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 or subsidized
guardians, 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

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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 adoption or subsidized guardianship.
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 (2.3) of Section 2-28 of that Act
has been set, except that reunification services may be
offered as provided in paragraph (F) of subsection (2.3) 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 the child's

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family of the Department's responsibility to offer and provide
family preservation services as identified in the service
plan. The child and the child's 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

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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) 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

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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, the Department shall develop and
implement a special program of family preservation services to
support intact, relative, 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

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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 General Assembly recognizes that the best
interests of the child require that the child be placed in the
most permanent living arrangement that is an appropriate
option for the child, consistent with the child's best
interest, using the factors set forth in subsection (4.05) of
Section 1-3 of the Juvenile Court Act of 1987 as soon as is
practically possible. To achieve this goal, the General
Assembly 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

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temporary placement is necessary; or movement of the child
toward the most appropriate living arrangement and 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. The Department shall make diligent efforts to
place the child with a relative, document those diligent
efforts, and document reasons for any failure or inability to
secure such a relative placement. If the primary issue
preventing an emergency placement of a child with a relative

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is a lack of resources, including, but not limited to,
concrete goods, safety modifications, and services, the
Department shall make diligent efforts to assist the relative
in obtaining the necessary resources. No later than July 1,
2025, the Department shall adopt rules defining what is
diligent and necessary in providing supports to potential
relative placements. At the time of placement, consideration
should also be given so that if reunification fails or is
delayed, the placement has the potential to be an appropriate
permanent placement 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;
(4.5) the child's wishes;
(5) the caregivers' willingness to work with the
family to reunite;
(6) the willingness and ability of the caregivers' to
provide a permanent placement;
(7) the age of the child;
(8) placement of siblings; and

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(9) the wishes of the parent or parents unless the
parental preferences are contrary to the best interests of
the child.
(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 the child's 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

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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 the child 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.

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The Department may retain temporary custody of the child for
10 days after the receipt of the request, during which period
the Department may cause to be filed a petition pursuant to the
Juvenile Court Act of 1987. If a petition is so filed, the
Department shall retain temporary custody of the child until
the court orders otherwise. If a petition is not filed within
the 10-day period, the child shall be surrendered to the
custody of the requesting parent, guardian, or custodian not
later than the expiration of the 10-day period, at which time
the authority and duties of the Department with respect to the
temporary custody of the child shall terminate.
(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

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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, or
garnishment or otherwise.
(n-1) The Department shall provide or authorize child
welfare services, aimed at assisting minors to achieve

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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

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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 caregivers 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 caregivers with whom those children are placed. The
Department shall accept for administrative review and an
appeal hearing a complaint made by (i) a child or caregiver
with whom the child is placed 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 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

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appeal, filed by a former caregiver, involving a change of
placement decision. No later than July 1, 2025, the Department
shall adopt rules to develop a reconsideration process to
review: a denial of certification of a relative, a denial of
placement with a relative, and a denial of visitation with an
identified relative. Rules shall include standards and
criteria for reconsideration that incorporate the best
interests of the child under subsection (4.05) of Section 1-3
of the Juvenile Court Act of 1987, address situations where
multiple relatives seek certification, and provide that all
rules regarding placement changes shall be followed. The rules
shall outline the essential elements of each form used in the
implementation and enforcement of the provisions of this
amendatory Act of the 103rd General Assembly.
(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, except that the benefits described in Section
5.46 must be used and conserved consistent with the provisions
under Section 5.46.
The Department shall set up and administer no-cost,
interest-bearing accounts in appropriate financial
institutions for children for whom the Department is legally

SB3196 Enrolled - 24 - LRB104 20388 KTG 33848 b
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 the Guardianship
Administrator's 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

SB3196 Enrolled - 25 - LRB104 20388 KTG 33848 b
$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 the child's 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 caregivers
licensed, certified, or otherwise approved by the Department
of Children and Family Services for damages sustained by the

SB3196 Enrolled - 26 - LRB104 20388 KTG 33848 b
caregivers as a result of the malicious or negligent acts of
children placed by the Department, as well as providing third
party coverage for such caregivers with regard to actions of
children placed by the Department to other individuals. Such
coverage will be secondary to the caregiver's 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.

SB3196 Enrolled - 27 - LRB104 20388 KTG 33848 b
(u) In addition to other information that must be
provided, whenever the Department places a child with a
prospective adoptive parent or parents, in a licensed foster
home, group home, or child care institution, in a relative
home, or in a certified relative caregiver home, the
Department shall provide to the caregiver, appropriate
facility staff, or prospective adoptive parent or parents:
(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 caregiver or adoptive parents;
(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 education program educational plan when the
child is receiving special education services.
The caregiver, appropriate facility staff, or prospective
adoptive parent or parents, 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

SB3196 Enrolled - 28 - LRB104 20388 KTG 33848 b
care for and safeguard the children to be placed or currently
in the home or setting. The Department may prepare a written
summary of the information required by this paragraph, which
may be provided to the caregiver, appropriate facility staff,
or prospective adoptive parent in advance of a placement. The
caregiver, appropriate facility staff, 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
caregiver, appropriate facility staff, or prospective adoptive
parent or parents 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 caregiver,
appropriate facility staff, or prospective adoptive parent or
parents. The information provided to the caregiver,
appropriate facility staff, or prospective adoptive parent or

SB3196 Enrolled - 29 - LRB104 20388 KTG 33848 b
parents shall be reviewed and approved regarding accuracy at
the supervisory level.
(u-5) Beginning July 1, 2025, certified relative caregiver
homes under Section 3.4 of the Child Care Act of 1969 shall be
eligible to receive foster care maintenance payments from the
Department in an amount no less than payments made to licensed
foster family homes. Beginning July 1, 2025, relative homes
providing care to a child placed by the Department that are not
a certified relative caregiver home under Section 3.4 of the
Child Care Act of 1969 or a licensed foster family home shall
be eligible to receive payments from the Department in an
amount no less 90% of the payments made to licensed foster
family homes and certified relative caregiver homes.
(u-6) To assist relative and certified relative
caregivers, no later than July 1, 2025, the Department shall
adopt rules to implement a relative support program, as
follows:
(1) For relative and certified relative caregivers,
the Department is authorized to reimburse or prepay
reasonable expenditures to remedy home conditions
necessary to fulfill the home safety-related requirements
of relative caregiver homes.
(2) The Department may provide short-term emergency
funds to relative and certified relative caregiver homes
experiencing extreme hardships due to the difficulty and
stress associated with adding youth in care as new

SB3196 Enrolled - 30 - LRB104 20388 KTG 33848 b
household members.
(3) Consistent with federal law, the Department shall
include in any State Plan made in accordance with the
Adoption Assistance and Child Welfare Act of 1980, Titles
IV-E and XIX of the Social Security Act, and any other
applicable federal laws the provision of kinship navigator
program services. The Department shall apply for and
administer all relevant federal aid in accordance with
law. Federal funds acquired for the kinship navigator
program shall be used for the development, implementation,
and operation of kinship navigator program services. The
kinship navigator program services may provide
information, referral services, support, and assistance to
relative and certified relative caregivers of youth in
care to address their unique needs and challenges. Until
the Department is approved to receive federal funds for
these purposes, the Department shall publicly post on the
Department's website semi-annual updates regarding the
Department's progress in pursuing federal funding.
Whenever the Department publicly posts these updates on
its website, the Department shall notify the General
Assembly through the General Assembly's designee.
(u-7) To support finding permanency for children through
subsidized guardianship and adoption and to prevent disruption
in guardianship and adoptive placements, the Department shall
establish and maintain accessible subsidized guardianship and

SB3196 Enrolled - 31 - LRB104 20388 KTG 33848 b
adoption support services for all children under 18 years of
age placed in guardianship or adoption who, immediately
preceding the guardianship or adoption, were in the custody or
guardianship of the Department under Article II of the
Juvenile Court Act of 1987.
The Department shall establish and maintain a toll-free
number to respond to requests from the public about its
subsidized guardianship and adoption support services under
this subsection and shall staff the toll-free number so that
calls are answered on a timely basis, but in no event more than
one business day after the receipt of a request. These
requests from the public may be made anonymously. To meet this
obligation, the Department may utilize the same toll-free
number the Department operates to respond to post-adoption
requests under subsection (b-5) of Section 18.9 of the
Adoption Act. The Department shall publicize information about
the Department's subsidized guardianship support services and
toll-free number as follows:
(1) it shall post information on the Department's
website;
(2) it shall provide the information to every licensed
child welfare agency and any entity providing subsidized
guardianship support services in Illinois courts;
(3) it shall reference such information in the
materials the Department provides to caregivers pursuing
subsidized guardianship to inform them of their rights and

SB3196 Enrolled - 32 - LRB104 20388 KTG 33848 b
responsibilities under the Child Care Act of 1969 and this
Act;
(4) it shall provide the information, including the
Department's Post Adoption and Guardianship Services
booklet, to eligible caregivers as part of its
guardianship training and at the time they are presented
with the Permanency Commitment form;
(5) it shall include, in each annual notification
letter mailed to subsidized guardians, a short, 2-sided
flier or news bulletin in plain language that describes
access to post-guardianship services, how to access
services under the Family Support Program, formerly known
as the Individual Care Grant Program, the webpage address
to the Post Adoption and Guardianship Services booklet,
information on how to request that a copy of the booklet be
mailed; and
(6) it shall ensure that kinship navigator programs of
this State, when established, have this information to
include in materials the programs provide to caregivers.
No later than July 1, 2026, the Department shall provide a
mechanism for the public to make information requests by
electronic means.
The Department shall review and update annually all
information relating to its subsidized guardianship support
services, including its Post Adoption and Guardianship
Services booklet, to include updated information on Family

SB3196 Enrolled - 33 - LRB104 20388 KTG 33848 b
Support Program services eligibility and subsidized
guardianship support services that are available through the
medical assistance program established under Article V of the
Illinois Public Aid Code or any other State program for mental
health services. The Department and the Department of
Healthcare and Family Services shall coordinate their efforts
in the development of these resources.
Every licensed child welfare agency and any entity
providing kinship navigator programs funded by the Department
shall provide the Department's website address and link to the
Department's subsidized guardianship support services
information set forth in subsection (d), including the
Department's toll-free number, to every relative who is or
will be providing guardianship placement for a child placed by
the Department.
(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 Illinois State Police Law 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
online on-line communication with the Illinois State Police's

SB3196 Enrolled - 34 - LRB104 20388 KTG 33848 b
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 Illinois 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 Illinois State Police relating
to the access and dissemination of this information.
(v-1) Prior to final approval for placement of a child
with a foster or adoptive parent, 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 human trafficking, sex trafficking, 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
with a foster or adoptive parent, the Department shall check
its child abuse and neglect registry for information

SB3196 Enrolled - 35 - LRB104 20388 KTG 33848 b
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.
(v-3) Prior to the final approval of final placement of a
related child in a certified relative caregiver home as
defined in Section 2.37 of the Child Care Act of 1969, the
Department shall ensure that the background screening meets
the standards required under subsection (c) of Section 3.4 of
the Child Care Act of 1969.
(v-4) Prior to final approval for placement of a child
with a relative, as defined in Section 4d of this Act, who is
not a licensed foster parent, has declined to seek approval to
be a certified relative caregiver, or was denied approval as a
certified relative caregiver, the Department shall:
(i) check the child abuse and neglect registry for
information concerning the prospective relative caregiver
and any other adult living in the home. If any prospective
relative caregiver 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; and
(ii) conduct a criminal records background check of
the prospective relative caregiver and all other adults

SB3196 Enrolled - 36 - LRB104 20388 KTG 33848 b
living in the home, 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 human trafficking, sex
trafficking, 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;
provided however, that the Department is empowered to
grant a waiver as the Department may provide by rule, and
the Department approves the request for the waiver based
on a comprehensive evaluation of the caregiver and
household members and the conditions relating to the
safety of the placement.
No later than July 1, 2025, the Department shall adopt
rules or revise existing rules to effectuate the changes made
to this subsection (v-4). The rules shall outline the
essential elements of each form used in the implementation and
enforcement of the provisions of this amendatory Act of the
103rd General Assembly.
(w) (Blank).
(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

SB3196 Enrolled - 37 - LRB104 20388 KTG 33848 b
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), 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 the employee's
or applicant's fingerprints to the Illinois State Police in

SB3196 Enrolled - 38 - LRB104 20388 KTG 33848 b
the form and manner prescribed by the Illinois State Police.
These fingerprints shall be checked against the fingerprint
records now and hereafter filed in the Illinois State Police
and the Federal Bureau of Investigation criminal history
records databases. The Illinois 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
Illinois 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
Illinois 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 Illinois 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.

SB3196 Enrolled - 39 - LRB104 20388 KTG 33848 b
(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.
(aa) The changes made to this Section by Public Act
104-165 this amendatory Act of the 104th General Assembly are
declarative of existing law and are not a new enactment.
(Source: P.A. 103-22, eff. 8-8-23; 103-50, eff. 1-1-24;
103-546, eff. 8-11-23; 103-605, eff. 7-1-24; 103-1061, eff.
7-1-25; 104-165, eff. 8-15-25; revised 9-11-25.)
(Text of Section after amendment by P.A. 104-107)
Sec. 5. Direct child welfare services; Department of
Children and Family Services. To provide direct child welfare

SB3196 Enrolled - 40 - LRB104 20388 KTG 33848 b
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 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

SB3196 Enrolled - 41 - LRB104 20388 KTG 33848 b
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 permanent family
arrangements, through guardianship or adoption, in
cases where restoration to the birth family is not
safe, possible, or appropriate;
(F) at the time of placement, conducting
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

SB3196 Enrolled - 42 - LRB104 20388 KTG 33848 b
placement made is the best available placement to
provide permanency for the child;
(F-1) preparing adolescents to successfully
transition to independence, including transition
planning for youth who qualify for a guardian as a
person with a disability under Article XIa of the
Probate Act of 1975;
(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

SB3196 Enrolled - 43 - LRB104 20388 KTG 33848 b
years of age and older and for children under 18
years of age.
(b) (Blank).
(b-5) The Department shall adopt rules to establish a
process for all licensed residential providers in Illinois to
submit data as required by the Department if they contract or
receive reimbursement for children's mental health, substance
use, and developmental disability services from the Department
of Human Services, the Department of Juvenile Justice, or the
Department of Healthcare and Family Services. The requested
data must include, but is not limited to, capacity, staffing,
and occupancy data for the purpose of establishing State need
and placement availability.
All information collected, shared, or stored pursuant to
this subsection shall be handled in accordance with all State
and federal privacy laws and accompanying regulations and
rules, including, without limitation, the federal Health
Insurance Portability and Accountability Act of 1996 (Public
Law 104-191) and the Mental Health and Developmental
Disabilities Confidentiality Act.
(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

SB3196 Enrolled - 44 - LRB104 20388 KTG 33848 b
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, and
permanency, including, but not limited to:
(1) reunification, guardianship, and adoption;
(2) relative and licensed foster care;
(3) family counseling;

SB3196 Enrolled - 45 - LRB104 20388 KTG 33848 b
(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;
(10) interstate services; and
(11) transition planning for youth aging out of care.
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 screening techniques to identify substance
use disorders, as defined in the Substance Use Disorder Act,
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 for an assessment at an organization appropriately
licensed by the Department of Human Services for substance use
disorder treatment.
(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

SB3196 Enrolled - 46 - LRB104 20388 KTG 33848 b
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;
(6) emergency assistance and advocacy; and
(7) kinship navigator and relative caregiver supports.
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

SB3196 Enrolled - 47 - LRB104 20388 KTG 33848 b
establish rules and regulations concerning the assistance and
grants, to persons who adopt or become subsidized guardians of
children with physical or mental disabilities, children who
are older, or other hard-to-place children who (i) immediately
prior to their adoption or subsidized guardianship 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 or subsidized

SB3196 Enrolled - 48 - LRB104 20388 KTG 33848 b
guardians, 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 adoption or subsidized guardianship.

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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 (2.3) of Section 2-28 of that Act
has been set, except that reunification services may be
offered as provided in paragraph (F) of subsection (2.3) 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 the child's
family of the Department's responsibility to offer and provide
family preservation services as identified in the service
plan. The child and the child's 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

SB3196 Enrolled - 50 - LRB104 20388 KTG 33848 b
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

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effective date of Public Act 98-803) 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

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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, the Department shall develop and
implement a special program of family preservation services to
support intact, relative, 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

SB3196 Enrolled - 53 - LRB104 20388 KTG 33848 b
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 General Assembly recognizes that the best
interests of the child require that the child be placed in the
most permanent living arrangement that is an appropriate
option for the child, consistent with the child's best
interest, using the factors set forth in subsection (4.05) of
Section 1-3 of the Juvenile Court Act of 1987 as soon as is
practically possible. To achieve this goal, the General
Assembly 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 appropriate living arrangement and 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

SB3196 Enrolled - 54 - LRB104 20388 KTG 33848 b
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. The Department shall make diligent efforts to
place the child with a relative, document those diligent
efforts, and document reasons for any failure or inability to
secure such a relative placement. If the primary issue
preventing an emergency placement of a child with a relative
is a lack of resources, including, but not limited to,
concrete goods, safety modifications, and services, the
Department shall make diligent efforts to assist the relative
in obtaining the necessary resources. No later than July 1,
2025, the Department shall adopt rules defining what is
diligent and necessary in providing supports to potential

SB3196 Enrolled - 55 - LRB104 20388 KTG 33848 b
relative placements. At the time of placement, consideration
should also be given so that if reunification fails or is
delayed, the placement has the potential to be an appropriate
permanent placement 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;
(4.5) the child's wishes;
(5) the caregivers' willingness to work with the
family to reunite;
(6) the willingness and ability of the caregivers' to
provide a permanent placement;
(7) the age of the child;
(8) placement of siblings; and
(9) the wishes of the parent or parents unless the
parental preferences are contrary to the best interests of
the child.
(m) The Department may assume temporary custody of any
child if:
(1) it has received a written consent to such

SB3196 Enrolled - 56 - LRB104 20388 KTG 33848 b
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 the child's 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

SB3196 Enrolled - 57 - LRB104 20388 KTG 33848 b
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 the child 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

SB3196 Enrolled - 58 - LRB104 20388 KTG 33848 b
the 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 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

SB3196 Enrolled - 59 - LRB104 20388 KTG 33848 b
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, or
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

SB3196 Enrolled - 60 - LRB104 20388 KTG 33848 b
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.

SB3196 Enrolled - 61 - LRB104 20388 KTG 33848 b
Youth in care who are placed by private child welfare
agencies, and caregivers 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 caregivers with whom those children are placed. The
Department shall accept for administrative review and an
appeal hearing a complaint made by (i) a child or caregiver
with whom the child is placed 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 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 caregiver, involving a change of
placement decision. No later than July 1, 2025, the Department
shall adopt rules to develop a reconsideration process to
review: a denial of certification of a relative, a denial of
placement with a relative, and a denial of visitation with an
identified relative. Rules shall include standards and

SB3196 Enrolled - 62 - LRB104 20388 KTG 33848 b
criteria for reconsideration that incorporate the best
interests of the child under subsection (4.05) of Section 1-3
of the Juvenile Court Act of 1987, address situations where
multiple relatives seek certification, and provide that all
rules regarding placement changes shall be followed. The rules
shall outline the essential elements of each form used in the
implementation and enforcement of the provisions of this
amendatory Act of the 103rd General Assembly.
(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, except that the benefits described in Section
5.46 must be used and conserved consistent with the provisions
under Section 5.46.
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

SB3196 Enrolled - 63 - LRB104 20388 KTG 33848 b
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 the Guardianship
Administrator's 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 the child's guardian or to the issuing agency.

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(q-5) The Department shall require periodic verification
of accounts identified as belonging to or held for the benefit
of a youth in care to ensure the preservation of the youth's
financial resources.
(q-10)The Department shall adopt rules establishing a
process by which a youth, or the youth's parent, guardian,
attorney, or guardian ad litem may request an accounting
of funds held, conserved, or expended by the Department on
behalf of a youth in care and accounts known to the
Department under subsection (q-5).
(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.

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(s) The Department of Children and Family Services may
establish and implement a program to reimburse caregivers
licensed, certified, or otherwise approved by the Department
of Children and Family Services for damages sustained by the
caregivers as a result of the malicious or negligent acts of
children placed by the Department, as well as providing third
party coverage for such caregivers with regard to actions of
children placed by the Department to other individuals. Such
coverage will be secondary to the caregiver's 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.

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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, in a licensed foster
home, group home, or child care institution, in a relative
home, or in a certified relative caregiver home, the
Department shall provide to the caregiver, appropriate
facility staff, or prospective adoptive parent or parents:
(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 caregiver or adoptive parents;
(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 education program educational plan when the
child is receiving special education services.
The caregiver, appropriate facility staff, or prospective

SB3196 Enrolled - 67 - LRB104 20388 KTG 33848 b
adoptive parent or parents, 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 or setting. The Department may prepare a written
summary of the information required by this paragraph, which
may be provided to the caregiver, appropriate facility staff,
or prospective adoptive parent in advance of a placement. The
caregiver, appropriate facility staff, 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
caregiver, appropriate facility staff, or prospective adoptive
parent or parents 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

SB3196 Enrolled - 68 - LRB104 20388 KTG 33848 b
a copy of the information provided to the caregiver,
appropriate facility staff, or prospective adoptive parent or
parents. The information provided to the caregiver,
appropriate facility staff, or prospective adoptive parent or
parents shall be reviewed and approved regarding accuracy at
the supervisory level.
(u-5) Beginning July 1, 2025, certified relative caregiver
homes under Section 3.4 of the Child Care Act of 1969 shall be
eligible to receive foster care maintenance payments from the
Department in an amount no less than payments made to licensed
foster family homes. Beginning July 1, 2025, relative homes
providing care to a child placed by the Department that are not
a certified relative caregiver home under Section 3.4 of the
Child Care Act of 1969 or a licensed foster family home shall
be eligible to receive payments from the Department in an
amount no less 90% of the payments made to licensed foster
family homes and certified relative caregiver homes.
(u-6) To assist relative and certified relative
caregivers, no later than July 1, 2025, the Department shall
adopt rules to implement a relative support program, as
follows:
(1) For relative and certified relative caregivers,
the Department is authorized to reimburse or prepay
reasonable expenditures to remedy home conditions
necessary to fulfill the home safety-related requirements
of relative caregiver homes.

SB3196 Enrolled - 69 - LRB104 20388 KTG 33848 b
(2) The Department may provide short-term emergency
funds to relative and certified relative caregiver homes
experiencing extreme hardships due to the difficulty and
stress associated with adding youth in care as new
household members.
(3) Consistent with federal law, the Department shall
include in any State Plan made in accordance with the
Adoption Assistance and Child Welfare Act of 1980, Titles
IV-E and XIX of the Social Security Act, and any other
applicable federal laws the provision of kinship navigator
program services. The Department shall apply for and
administer all relevant federal aid in accordance with
law. Federal funds acquired for the kinship navigator
program shall be used for the development, implementation,
and operation of kinship navigator program services. The
kinship navigator program services may provide
information, referral services, support, and assistance to
relative and certified relative caregivers of youth in
care to address their unique needs and challenges. Until
the Department is approved to receive federal funds for
these purposes, the Department shall publicly post on the
Department's website semi-annual updates regarding the
Department's progress in pursuing federal funding.
Whenever the Department publicly posts these updates on
its website, the Department shall notify the General
Assembly through the General Assembly's designee.

SB3196 Enrolled - 70 - LRB104 20388 KTG 33848 b
(u-7) To support finding permanency for children through
subsidized guardianship and adoption and to prevent disruption
in guardianship and adoptive placements, the Department shall
establish and maintain accessible subsidized guardianship and
adoption support services for all children under 18 years of
age placed in guardianship or adoption who, immediately
preceding the guardianship or adoption, were in the custody or
guardianship of the Department under Article II of the
Juvenile Court Act of 1987.
The Department shall establish and maintain a toll-free
number to respond to requests from the public about its
subsidized guardianship and adoption support services under
this subsection and shall staff the toll-free number so that
calls are answered on a timely basis, but in no event more than
one business day after the receipt of a request. These
requests from the public may be made anonymously. To meet this
obligation, the Department may utilize the same toll-free
number the Department operates to respond to post-adoption
requests under subsection (b-5) of Section 18.9 of the
Adoption Act. The Department shall publicize information about
the Department's subsidized guardianship support services and
toll-free number as follows:
(1) it shall post information on the Department's
website;
(2) it shall provide the information to every licensed
child welfare agency and any entity providing subsidized

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guardianship support services in Illinois courts;
(3) it shall reference such information in the
materials the Department provides to caregivers pursuing
subsidized guardianship to inform them of their rights and
responsibilities under the Child Care Act of 1969 and this
Act;
(4) it shall provide the information, including the
Department's Post Adoption and Guardianship Services
booklet, to eligible caregivers as part of its
guardianship training and at the time they are presented
with the Permanency Commitment form;
(5) it shall include, in each annual notification
letter mailed to subsidized guardians, a short, 2-sided
flier or news bulletin in plain language that describes
access to post-guardianship services, how to access
services under the Family Support Program, formerly known
as the Individual Care Grant Program, the webpage address
to the Post Adoption and Guardianship Services booklet,
information on how to request that a copy of the booklet be
mailed; and
(6) it shall ensure that kinship navigator programs of
this State, when established, have this information to
include in materials the programs provide to caregivers.
No later than July 1, 2026, the Department shall provide a
mechanism for the public to make information requests by
electronic means.

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The Department shall review and update annually all
information relating to its subsidized guardianship support
services, including its Post Adoption and Guardianship
Services booklet, to include updated information on Family
Support Program services eligibility and subsidized
guardianship support services that are available through the
medical assistance program established under Article V of the
Illinois Public Aid Code or any other State program for mental
health services. The Department and the Department of
Healthcare and Family Services shall coordinate their efforts
in the development of these resources.
Every licensed child welfare agency and any entity
providing kinship navigator programs funded by the Department
shall provide the Department's website address and link to the
Department's subsidized guardianship support services
information set forth in subsection (d), including the
Department's toll-free number, to every relative who is or
will be providing guardianship placement for a child placed by
the Department.
(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 Illinois State Police Law if the Department determines
the information is necessary to perform its duties under the
Abused and Neglected Child Reporting Act, the Child Care Act

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of 1969, and the Children and Family Services Act. The
Department shall provide for interactive computerized
communication and processing equipment that permits direct
online on-line communication with the Illinois 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 Illinois 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 Illinois State Police relating
to the access and dissemination of this information.
(v-1) Prior to final approval for placement of a child
with a foster or adoptive parent, 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 human trafficking, sex trafficking, 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

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within the past 5 years.
(v-2) Prior to final approval for placement of a child
with a foster or adoptive parent, 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.
(v-3) Prior to the final approval of final placement of a
related child in a certified relative caregiver home as
defined in Section 2.37 of the Child Care Act of 1969, the
Department shall ensure that the background screening meets
the standards required under subsection (c) of Section 3.4 of
the Child Care Act of 1969.
(v-4) Prior to final approval for placement of a child
with a relative, as defined in Section 4d of this Act, who is
not a licensed foster parent, has declined to seek approval to
be a certified relative caregiver, or was denied approval as a
certified relative caregiver, the Department shall:
(i) check the child abuse and neglect registry for
information concerning the prospective relative caregiver
and any other adult living in the home. If any prospective
relative caregiver or other adult living in the home has
resided in another state in the preceding 5 years, the

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Department shall request a check of that other state's
child abuse and neglect registry; and
(ii) conduct a criminal records background check of
the prospective relative caregiver and all other adults
living in the home, 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 human trafficking, sex
trafficking, 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;
provided however, that the Department is empowered to
grant a waiver as the Department may provide by rule, and
the Department approves the request for the waiver based
on a comprehensive evaluation of the caregiver and
household members and the conditions relating to the
safety of the placement.
No later than July 1, 2025, the Department shall adopt
rules or revise existing rules to effectuate the changes made
to this subsection (v-4). The rules shall outline the
essential elements of each form used in the implementation and
enforcement of the provisions of this amendatory Act of the
103rd General Assembly.

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(w) (Blank).
(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), 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

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in the Illinois Uniform Conviction Information Act for each
Department employee or Department applicant. Each Department
employee or Department applicant shall submit the employee's
or applicant's fingerprints to the Illinois State Police in
the form and manner prescribed by the Illinois State Police.
These fingerprints shall be checked against the fingerprint
records now and hereafter filed in the Illinois State Police
and the Federal Bureau of Investigation criminal history
records databases. The Illinois 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
Illinois 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
Illinois 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

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the Illinois 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.
(aa) The changes made to this Section by Public Act
104-165 this amendatory Act of the 104th General Assembly are
declarative of existing law and are not a new enactment.
(Source: P.A. 103-22, eff. 8-8-23; 103-50, eff. 1-1-24;
103-546, eff. 8-11-23; 103-605, eff. 7-1-24; 103-1061, eff.
7-1-25; 104-107, eff. 7-1-26; 104-165, eff. 8-15-25; revised

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9-11-25.)
(20 ILCS 505/35.10)
(Text of Section before amendment by P.A. 104-107)
Sec. 35.10. Documents necessary for adult living. The
Department shall assist a youth in care in identifying and
obtaining documents necessary to function as an independent
adult prior to the closure of the youth's case to terminate
wardship as provided in Section 2-31 of the Juvenile Court Act
of 1987. These necessary documents shall include, but not be
limited to, any of the following:
(1) State identification card or driver's license.
(2) Social Security card.
(3) Medical records, including, but not limited to,
health passport, dental records, immunization records,
name and contact information for all current medical,
dental, and mental health providers, and a signed
certification that the Department provided the youth with
education on executing a healthcare power of attorney.
(4) Medicaid card or other health eligibility
documentation.
(5) Certified copy of birth certificate.
(6) Any applicable religious documents.
(7) Voter registration card.
(8) Immigration, citizenship, or naturalization
documentation, if applicable.

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(9) Death certificates of parents, if applicable.
(10) Life book or compilation of personal history and
photographs.
(11) List of known relatives with relationships,
addresses, telephone numbers, and other contact
information, with the permission of the involved relative.
(12) Resume.
(13) Educational records, including list of schools
attended, and transcript, high school diploma, or State of
Illinois High School Diploma.
(14) List of placements while in care.
(15) List of community resources with referral
information, including the Midwest Adoption Center for
search and reunion services for former youth in care,
whether or not they were adopted, and the Illinois Chapter
of Foster Care Alumni of America.
(16) All documents necessary to complete a Free
Application for Federal Student Aid form, if applicable,
or an application for State financial aid.
(17) If applicable, a final accounting of the account
maintained on behalf of the youth as provided under
Section 5.46.
If a court determines that a youth in care no longer requires
wardship of the court and orders the wardship terminated and
all proceedings under the Juvenile Court Act of 1987
respecting the youth in care finally closed and discharged,

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the Department shall ensure that the youth in care receives a
copy of the court's order.
(Source: P.A. 102-70, eff. 1-1-22; 102-1014, eff. 5-27-22;
102-1100, eff. 1-1-23; 103-154, eff. 6-30-23; revised
12-12-25.)
(Text of Section after amendment by P.A. 104-107)
Sec. 35.10. Successful transitions to and documents
necessary for adult living.
(a) The Department shall make reasonable efforts to
develop, in partnership with the youth, an age and
developmentally appropriate individualized youth-driven
transition plan for each youth in care aged 15 and over to help
such youth develop and strengthen those life skills that lead
to successful adult living and that reflects the youth's age,
developmental needs, lived experiences, strengths, and
aspirations. As applicable, based on the youth's minor's age
and developmental appropriateness, the youth-driven transition
plan shall address the following areas:
(1) assessment and development of life skills;
(2) education;
(3) post high school goals and career planning;
(4) driver's education;
(5) participation in extracurricular activities;
(6) internships and apprenticeships;
(7) employment;

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(8) housing;
(9) mental and physical health and well-being;
(10) the youth's financial stability, including
developmentally appropriate financial literacy education
and information regarding any financial accounts
established in the youth's name or for the youth's benefit
of which the Department is aware financial stability;
(11) connections to supportive adults and peers;
(12) transition to adult services;
(13) documents necessary for adult living as provided
in subsection (b), and information regarding the process
by which such documents may be obtained; and
(14) child care childcare and parenting supports.
The Department shall include the youth-driven transition
plan in the youth's service plan. The Department shall make
reasonable efforts to assist the youth in accomplishing the
plan, to develop strategies to resolve barriers, and to ensure
the youth is aware of any post-case closure supports and
services and how to access such supports and services.
(b) The Department shall assist a youth in care in
identifying and obtaining documents necessary to function as
an independent adult prior to the closure of the youth's case
to terminate wardship as provided in Section 2-31 of the
Juvenile Court Act of 1987. These necessary documents shall
include, but not be limited to, any of the following:
(1) State identification card or driver's license.

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(2) Social Security card.
(3) Medical records, including, but not limited to,
health passport, dental records, immunization records,
name and contact information for all current medical,
dental, and mental health providers, and a signed
certification that the Department provided the youth with
education on executing a healthcare power of attorney.
(4) Medicaid card or other health eligibility
documentation.
(5) Certified copy of birth certificate.
(6) Any applicable religious documents.
(7) Voter registration card.
(8) Immigration, citizenship, or naturalization
documentation, if applicable.
(9) Death certificates of parents, if applicable.
(10) Life book or compilation of personal history and
photographs.
(11) List of known relatives and persons willing to
provide supports to the youth with relationships,
addresses, telephone numbers, and other contact
information, with the permission of the involved relative
or supportive person.
(12) Resume.
(13) Educational records, including list of schools
attended, and transcript, high school diploma, or State of
Illinois High School Diploma.

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(14) List of placements while in care.
(15) List of community resources with referral
information, including Family Advocacy Centers, the
Midwest Adoption Center for search and reunion services
for former youth in care, whether or not they were
adopted, and the Illinois Chapter of Foster Care Alumni of
America.
(16) All documents necessary to complete a Free
Application for Federal Student Aid form, if applicable,
or an application for State financial aid.
(17) If applicable, a final accounting of the account
maintained on behalf of the youth as provided under
Section 5.46.
(18) Documentation related to financial accounts
established in the youth in care's name or for the youth's
benefit.
(c) To ensure meaningful youth engagement in Successful
Transition to Adulthood Review (STAR) hearings, established
under Section 2-28.2 of the Juvenile Court Act of 1987, the
Department shall make reasonable efforts to:
(1) ensure that each youth in care who is eligible for
a STAR hearing is informed of court hearings concerning
his or her case at least 10 days in advance of the hearing
whenever practicable, and is afforded the opportunity to
attend or participate in the STAR hearing; and
(2) support each youth in care's attendance in the

SB3196 Enrolled - 85 - LRB104 20388 KTG 33848 b
youth's STAR hearings, including by providing or arranging
transportation or other appropriate accommodations
consistent with the youth's age and developmental needs.
If a court determines that a youth in care no longer requires
wardship of the court and orders the wardship terminated and
all proceedings under the Juvenile Court Act of 1987
respecting the youth in care finally closed and discharged,
the Department shall ensure that the youth in care receives a
copy of the court's order.
(Source: P.A. 103-154, eff. 6-30-23; 104-107, eff. 7-1-26;
revised 12-12-25.)
Section 7. The Department of Children and Family Services
Statewide Youth Advisory Board Act is amended by changing
Sections 5 and 15 as follows:
(20 ILCS 527/5)
Sec. 5. Statewide Youth Advisory Board; regional youth
advisory boards. The Department of Children and Family
Services shall convene and maintain a Statewide Youth Advisory
Board and regional youth advisory boards. Each regional youth
advisory board shall work with the Department or its designee
to determine how to best provide services to current and
former youth in foster care living within each of the regions.
The Statewide Youth Advisory Board shall advise the Department
and the General Assembly with respect to all matters involving

SB3196 Enrolled - 86 - LRB104 20388 KTG 33848 b
or affecting current and former youth in foster care.
Responsibilities of the Statewide Youth Advisory Board shall
include:
(1) providing the Department and the General Assembly
with the perspective of youth under the care of the
Department;
(2) identifying, analyzing, and recommending solutions
to any issues concerning adoption and guardianship and
youth in foster care;
(3) reviewing and advising the Department on proposed
or pending legislation, primarily as it concerns current
and former youth in foster care; and
(4) reviewing and making recommendations on Department
foster care and child welfare service delivery policies,
guidelines, procedures, rulemaking, and training.
(Source: P.A. 98-806, eff. 1-1-15.)
(20 ILCS 527/15)
Sec. 15. Meetings.
(a) Regular meetings of the regional youth advisory boards
shall be held monthly.
(b) Regular meetings of the Statewide Youth Advisory Board
shall be held at least 5 times per year.
(c) The Director of the Department or the Director's
designee shall meet with the Statewide Youth Advisory Board at
least quarterly in order to discuss the issues and concerns of

SB3196 Enrolled - 87 - LRB104 20388 KTG 33848 b
youth in foster care. The Director or the Director's designee
shall affirmatively engage with the Statewide Youth Advisory
Board regarding proposed or newly implemented Department
policies, guidelines, procedures, rules, and training that
materially affect current or former youth in foster care and
shall provide the Board a reasonable opportunity to review and
offer input when practicable.
(d) All meetings shall take place at locations, dates, and
times determined by the Department or its designee in
accordance with the bylaws for the Statewide Youth Advisory
Board and the regional youth advisory boards.
(Source: P.A. 103-22, eff. 8-8-23.)
Section 10. The Juvenile Court Act of 1987 is amended by
changing Sections 2-28 and 2-28.2 as follows:
(705 ILCS 405/2-28)
(Text of Section before amendment by P.A. 104-107)
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 the legal custodian or guardian into
court and require the legal custodian, guardian, or the legal
custodian's or guardian's agency to make a full and accurate
report of the doings of the legal custodian, guardian, or
agency on behalf of the minor. The custodian or guardian,

SB3196 Enrolled - 88 - LRB104 20388 KTG 33848 b
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 the custodian's or guardian's stead or
restore the minor to the custody of the minor's 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

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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.
(1.6) Within 30 days after placing a child in its care in a
qualified residential treatment program, as defined by the
federal Social Security Act, the Department of Children and
Family Services shall prepare a written report for filing with
the court and send copies of the report to all parties. Within
20 days of the filing of the report, or as soon thereafter as
the court's schedule allows but not more than 60 days from the
date of placement, the court shall hold a hearing to consider
the Department's report and determine whether placement of the
child in a qualified residential treatment program provides
the most effective and appropriate level of care for the child
in the least restrictive environment and if the placement is

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consistent with the short-term and long-term goals for the
child, as specified in the permanency plan for the child. The
court shall approve or disapprove the placement. If
applicable, the requirements of Sections 2-27.1 and 2-27.2
must also be met. The Department's written report and the
court's written determination shall be included in and made
part of the case plan for the child. If the child remains
placed in a qualified residential treatment program, the
Department shall submit evidence at each status and permanency
hearing:
(A) demonstrating that ongoing on-going assessment of
the strengths and needs of the child continues to support
the determination that the child's needs cannot be met
through placement in a foster family home, that the
placement provides the most effective and appropriate
level of care for the child in the least restrictive,
appropriate environment, and that the placement is
consistent with the short-term and long-term permanency
goal for the child, as specified in the permanency plan
for the child;
(B) documenting the specific treatment or service
needs that should be met for the child in the placement and
the length of time the child is expected to need the
treatment or services;
(C) the efforts made by the agency to prepare the
child to return home or to be placed with a fit and willing

SB3196 Enrolled - 91 - LRB104 20388 KTG 33848 b
relative, a legal guardian, or an adoptive parent, or in a
foster family home; and
(D) beginning July 1, 2025, documenting the
Department's efforts regarding ongoing family finding and
relative engagement required under Section 2-27.3.
(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,

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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 the
following:
(A) any special physical, psychological, educational,
medical, emotional, or other needs of the minor or the
minor's family that are relevant to a permanency or
placement determination, and 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;
(B) beginning July 1, 2025, a written description of

SB3196 Enrolled - 93 - LRB104 20388 KTG 33848 b
ongoing family finding and relative engagement efforts in
accordance with the requirements under Section 2-27.3 the
agency has undertaken since the most recent report to the
court to plan for the emotional and legal permanency of
the minor;
(C) whether 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;
(D) detail regarding 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, what permanency goal is recommended to be in the
best interests of the child, and the reasons for the
recommendation. If a permanency goal under paragraph (A),
(B), or (B-1) of subsection (2.3) have been deemed
inappropriate and not in the minor's best interest, the
report must include the following information:
(i) confirmation that the caseworker has discussed
the permanency options and subsidies available for
guardianship and adoption with the minor's caregivers,
the minor's parents, as appropriate, and has discussed
the available permanency options with the minor in an

SB3196 Enrolled - 94 - LRB104 20388 KTG 33848 b
age-appropriate manner;
(ii) confirmation that the caseworker has
discussed with the minor's caregivers, the minor's
parents, as appropriate, and the minor as
age-appropriate, the distinctions between guardianship
and adoption, including, but not limited to, that
guardianship does not require termination of the
parent's rights or the consent of the parent;
(iii) a description of the stated preferences and
concerns, if any, the minor, the parent as
appropriate, and the caregiver expressed relating to
the options of guardianship and adoption, and the
reasons for the preferences;
(iv) if the minor is not currently in a placement
that will provide permanency, identification of all
persons presently willing and able to provide
permanency to the minor through either guardianship or
adoption, and beginning July 1, 2025, if none are
available, a description of the efforts made in
accordance with Section 2-27.3; and
(v) state the recommended permanency goal, why
that goal is recommended, and why the other potential
goals were not recommended.
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

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setting of a permanency hearing and the entry of an order
within the time frames set forth in this subsection.
(2.3) At the permanency hearing, the court shall determine
the permanency goal 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.
If the court has determined that goals (A), (B), and
(B-1) are not appropriate and not in the minor's best
interest, the court may select one of the following goals:

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(C), (D), (E), (F), (G), or (H) for the minor as
appropriate and based on the best interests of the minor.
The court shall determine the appropriate goal for the
minor based on best interest factors and any
considerations outlined in that goal.
(C) The guardianship of the minor shall be transferred
to an individual or couple on a permanent basis. Prior to
changing the goal to guardianship, the court shall
consider the following:
(i) whether the agency has discussed adoption and
guardianship with the caregiver and what preference,
if any, the caregiver has as to the permanency goal;
(ii) whether the agency has discussed adoption and
guardianship with the minor, as age-appropriate, and
what preference, if any, the minor has as to the
permanency goal;
(iii) whether the minor is of sufficient age to
remember the minor's parents and if the child values
this familial identity;
(iv) whether the minor is placed with a relative,
and beginning July 1, 2025, whether the minor is
placed in a relative home as defined in Section 4d of
the Children and Family Services Act or in a certified
relative caregiver home as defined in Section 2.36 of
the Child Care Act of 1969; and
(v) whether the parent or parents have been

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informed about guardianship and adoption, and, if
appropriate, what preferences, if any, the parent or
parents have as to the permanency goal.
(D) The minor will be in substitute care pending court
determination on termination of parental rights. Prior to
changing the goal to substitute care pending court
determination on termination of parental rights, the court
shall consider the following:
(i) whether the agency has discussed adoption and
guardianship with the caregiver and what preference,
if any, the caregiver has as to the permanency goal;
(ii) whether the agency has discussed adoption and
guardianship with the minor, as age-appropriate, and
what preference, if any, the minor has as to the
permanency goal;
(iii) whether the minor is of sufficient age to
remember the minor's parents and if the child values
this familial identity;
(iv) whether the minor is placed with a relative,
and beginning July 1, 2025, whether the minor is
placed in a relative home as defined in Section 4d of
the Children and Family Services Act, in a certified
relative caregiver home as defined in Section 2.36 of
the Child Care Act of 1969;
(v) whether the minor is already placed in a
pre-adoptive home, and if not, whether such a home has

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been identified; and
(vi) whether the parent or parents have been
informed about guardianship and adoption, and, if
appropriate, what preferences, if any, the parent or
parents have as to the permanency goal.
(E) Adoption, provided that parental rights have been
terminated or relinquished.
(F) Provided that permanency goals (A) through (E)
have been deemed inappropriate and not in the minor's best
interests, 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 the
minor cannot be provided for in a home environment due to
developmental disabilities or mental illness or because
the minor is a danger to self or others, provided that
goals (A) through (E) have been deemed inappropriate and
not in the child's best interests.
In selecting any permanency goal, the court shall indicate
in writing the reasons the goal was selected and why the
preceding goals were deemed inappropriate and not in the

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child's best interest. 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 (2.3), 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 deemed all other permanency
goals inappropriate 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 the minor's
relative, certified relative caregiver, or foster
care placement;
(b) the child exhibits an extreme level of
need such that the removal of the child from the
minor's placement would be detrimental to the
child; or

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(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,
certified relative caregiver, or foster parent for at
least one year; and
(5) The relative, certified relative caregiver, or
foster parent currently caring for the child is
willing and capable of providing the child with a
stable and permanent environment.
(2.4) 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:
(A) Age of the child.
(B) Options available for permanence, including both
out-of-state and in-state placement options.

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(C) Current placement of the child and the intent of
the family regarding subsidized guardianship and adoption.
(D) Emotional, physical, and mental status or
condition of the child.
(E) Types of services previously offered and whether
or not the services were successful and, if not
successful, the reasons the services failed.
(F) Availability of services currently needed and
whether the services exist.
(G) Status of siblings of the minor.
(H) If the minor is not currently in a placement
likely to achieve permanency, whether there is an
identified and willing potential permanent caregiver for
the minor, and if so, that potential permanent caregiver's
intent regarding guardianship and adoption.
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

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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 the child's 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

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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.
Beginning July 1, 2025, the court shall review the Ongoing
Family Finding and Relative Engagement Plan required under
Section 2-27.3. If the court finds that the plan is not in the
minor's best interest, the court shall enter specific factual
findings and order the Department to modify the plan
consistent with the court's findings.
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

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(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,

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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 subsections (2) and (2.3) 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

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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 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 the minor's
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.

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(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,

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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 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. If a motion is filed to modify or vacate a private
guardianship order and return the child to a parent, guardian,
or legal custodian, the court may order the Department of
Children and Family Services to assess the minor's current and
proposed living arrangements and to provide ongoing monitoring
of the health, safety, and best interest of the minor during
the pendency of the motion to assist the court in making that
determination. In the event that the minor has attained 18
years of age and the guardian or custodian petitions the court
for an order terminating the minor's guardianship or custody,
guardianship or custody shall terminate automatically 30 days
after the receipt of the petition unless the court orders

SB3196 Enrolled - 109 - LRB104 20388 KTG 33848 b
otherwise. No legal custodian or guardian of the person may be
removed without the legal custodian's or guardian's 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 aftercare
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.
If the minor is being restored to the custody of a parent,
legal custodian, or guardian who lives outside of Illinois,
and an Interstate Compact has been requested and refused, the
court may order the Department of Children and Family Services
to arrange for an assessment of the minor's proposed living
arrangement and for ongoing monitoring of the health, safety,
and best interest of the minor and compliance with any order of
protective supervision entered 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

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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 the minor's health or safety and
fitness of the parent, guardian, or legal custodian.
(a) Any agency of this State or any subdivision
thereof shall cooperate 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. 103-22, eff. 8-8-23; 103-154, eff. 6-30-23;
103-171, eff. 1-1-24; 103-605, eff. 7-1-24; 103-1061, eff.
2-5-25; 104-2, eff. 6-16-25; revised 8-20-25.)
(Text of Section after amendment by P.A. 104-107)
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

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to the court or may cite the legal custodian or guardian into
court and require the legal custodian, guardian, or the legal
custodian's or guardian's agency to make a full and accurate
report of the doings of the legal custodian, guardian, or
agency on 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 the custodian's or guardian's stead or
restore the minor to the custody of the minor's 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

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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.
(1.6) Within 30 days after placing a child in its care in a
qualified residential treatment program, as defined by the
federal Social Security Act, the Department of Children and
Family Services shall prepare a written report for filing with
the court and send copies of the report to all parties. Within
20 days of the filing of the report, or as soon thereafter as
the court's schedule allows but not more than 60 days from the

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date of placement, the court shall hold a hearing to consider
the Department's report and determine whether placement of the
child in a qualified residential treatment program provides
the most effective and appropriate level of care for the child
in the least restrictive environment and if the placement is
consistent with the short-term and long-term goals for the
child, as specified in the permanency plan for the child. The
court shall approve or disapprove the placement. If
applicable, the requirements of Sections 2-27.1 and 2-27.2
must also be met. The Department's written report and the
court's written determination shall be included in and made
part of the case plan for the child. If the child remains
placed in a qualified residential treatment program, the
Department shall submit evidence at each status and permanency
hearing:
(A) demonstrating that ongoing on-going assessment of
the strengths and needs of the child continues to support
the determination that the child's needs cannot be met
through placement in a foster family home, that the
placement provides the most effective and appropriate
level of care for the child in the least restrictive,
appropriate environment, and that the placement is
consistent with the short-term and long-term permanency
goal for the child, as specified in the permanency plan
for the child;
(B) documenting the specific treatment or service

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needs that should be met for the child in the placement and
the length of time the child is expected to need the
treatment or services;
(C) detailing the efforts made by the agency to
prepare the child to return home or to be placed with a fit
and willing relative, a legal guardian, or an adoptive
parent, or in a foster family home; and
(D) beginning July 1, 2025, documenting the
Department's efforts regarding ongoing family finding and
relative engagement required under Section 2-27.3. ; and
(E) detailing efforts to ensure the minor is engaged
in age and developmentally appropriate activities to
develop life skills, which may include extracurricular
activities, coaching by caregivers, or instruction in
individual or group settings. For minors who have
participated in life skills assessments, the results of
such assessments and how the minor's identified needs are
being addressed.
(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

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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,

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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 the
following:
(A) any special physical, psychological, educational,
medical, emotional, or other needs of the minor or the
minor's family that are relevant to a permanency or
placement determination, and 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;
(B) beginning July 1, 2025, a written description of
ongoing family finding and relative engagement efforts in
accordance with the requirements under Section 2-27.3 the
agency has undertaken since the most recent report to the
court to plan for the emotional and legal permanency of
the minor;
(C) whether 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;
(D) detail regarding what progress or lack of progress
the parent has made in correcting the conditions requiring

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the child to be in care; whether the child can be returned
home without jeopardizing the child's health, safety, and
welfare, what permanency goal is recommended to be in the
best interests of the child, and the reasons for the
recommendation. If a permanency goal under paragraph (A),
(B), or (B-1) of subsection (2.3) have been deemed
inappropriate and not in the minor's best interest, the
report must include the following information:
(i) confirmation that the caseworker has discussed
the permanency options and subsidies available for
guardianship and adoption with the minor's caregivers,
the minor's parents, as appropriate, and has discussed
the available permanency options with the minor in an
age-appropriate manner;
(ii) confirmation that the caseworker has
discussed with the minor's caregivers, the minor's
parents, as appropriate, and the minor as
age-appropriate, the distinctions between guardianship
and adoption, including, but not limited to, that
guardianship does not require termination of the
parent's rights or the consent of the parent;
(iii) a description of the stated preferences and
concerns, if any, the minor, the parent as
appropriate, and the caregiver expressed relating to
the options of guardianship and adoption, and the
reasons for the preferences;

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(iv) if the minor is not currently in a placement
that will provide permanency, identification of all
persons presently willing and able to provide
permanency to the minor through either guardianship or
adoption, and beginning July 1, 2025, if none are
available, a description of the efforts made in
accordance with Section 2-27.3; and
(v) state the recommended permanency goal, why
that goal is recommended, and why the other potential
goals were not recommended; and .
(E) detail efforts to ensure the minor is engaged in
age and developmentally appropriate activities to develop
life skills, which may include extracurricular activities,
coaching by caregivers, or instruction in individual or
group settings. For minors who have participated in life
skills assessments, the results of such assessments and
how the minor's identified needs are being addressed.
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.
(2.3) At the permanency hearing, the court shall determine
the permanency goal of the child. The court shall set one of
the following permanency goals:
(A) The minor will be returned home by a specific date

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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.
If the court has determined that goals (A), (B), and
(B-1) are not appropriate and not in the minor's best
interest, the court may select one of the following goals:
(C), (D), (E), (F), (G), or (H) for the minor as
appropriate and based on the best interests of the minor.
The court shall determine the appropriate goal for the
minor based on best interest factors and any
considerations outlined in that goal.
(C) The guardianship of the minor shall be transferred

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to an individual or couple on a permanent basis. Prior to
changing the goal to guardianship, the court shall
consider the following:
(i) whether the agency has discussed adoption and
guardianship with the caregiver and what preference,
if any, the caregiver has as to the permanency goal;
(ii) whether the agency has discussed adoption and
guardianship with the minor, as age-appropriate, and
what preference, if any, the minor has as to the
permanency goal;
(iii) whether the minor is of sufficient age to
remember the minor's parents and if the child values
this familial identity;
(iv) whether the minor is placed with a relative,
and beginning July 1, 2025, whether the minor is
placed in a relative home as defined in Section 4d of
the Children and Family Services Act or in a certified
relative caregiver home as defined in Section 2.36 of
the Child Care Act of 1969; and
(v) whether the parent or parents have been
informed about guardianship and adoption, and, if
appropriate, what preferences, if any, the parent or
parents have as to the permanency goal.
(D) The minor will be in substitute care pending court
determination on termination of parental rights. Prior to
changing the goal to substitute care pending court

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determination on termination of parental rights, the court
shall consider the following:
(i) whether the agency has discussed adoption and
guardianship with the caregiver and what preference,
if any, the caregiver has as to the permanency goal;
(ii) whether the agency has discussed adoption and
guardianship with the minor, as age-appropriate, and
what preference, if any, the minor has as to the
permanency goal;
(iii) whether the minor is of sufficient age to
remember the minor's parents and if the child values
this familial identity;
(iv) whether the minor is placed with a relative,
and beginning July 1, 2025, whether the minor is
placed in a relative home as defined in Section 4d of
the Children and Family Services Act, in a certified
relative caregiver home as defined in Section 2.36 of
the Child Care Act of 1969;
(v) whether the minor is already placed in a
pre-adoptive home, and if not, whether such a home has
been identified; and
(vi) whether the parent or parents have been
informed about guardianship and adoption, and, if
appropriate, what preferences, if any, the parent or
parents have as to the permanency goal.
(E) Adoption, provided that parental rights have been

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terminated or relinquished.
(F) Provided that permanency goals (A) through (E)
have been deemed inappropriate and not in the minor's best
interests, 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 the
minor cannot be provided for in a home environment due to
developmental disabilities or mental illness or because
the minor is a danger to self or others, provided that
goals (A) through (E) have been deemed inappropriate and
not in the child's best interests.
In selecting any permanency goal, the court shall indicate
in writing the reasons the goal was selected and why the
preceding goals were deemed inappropriate and not in the
child's best interest. 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 (2.3), but shall provide services consistent
with the goal selected.

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(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 deemed all other permanency
goals inappropriate 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 the minor's
relative, certified relative caregiver, or foster
care placement;
(b) the child exhibits an extreme level of
need such that the removal of the child from the
minor's 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

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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,
certified relative caregiver, or foster parent for at
least one year; and
(5) The relative, certified relative caregiver, or
foster parent currently caring for the child is
willing and capable of providing the child with a
stable and permanent environment.
(2.4) 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:
(A) Age of the child.
(B) Options available for permanence, including both
out-of-state and in-state placement options.
(C) Current placement of the child and the intent of
the family regarding subsidized guardianship and adoption.
(D) Emotional, physical, and mental status or
condition of the child.
(E) Types of services previously offered and whether
or not the services were successful and, if not

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successful, the reasons the services failed.
(F) Availability of services currently needed and
whether the services exist.
(G) Status of siblings of the minor.
(H) If the minor is not currently in a placement
likely to achieve permanency, whether there is an
identified and willing potential permanent caregiver for
the minor, and if so, that potential permanent caregiver's
intent regarding guardianship and adoption.
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

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conditions that gave rise to removal of the child from the home
of the child's 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.
The court shall review the Department's efforts to provide

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the minor with age and developmentally appropriate life
skills. If the court finds the Department's efforts are not in
the minor's best interest, the court may enter an order
requiring the Department to develop, modify, or implement the
service plan to develop the minor's life skills in an age and
developmentally appropriate manner.
Beginning July 1, 2025, the court shall review the Ongoing
Family Finding and Relative Engagement Plan required under
Section 2-27.3. If the court finds that the plan is not in the
minor's best interest, the court shall enter specific factual
findings and order the Department to modify the plan
consistent with the court's findings.
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

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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

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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 subsections (2) and (2.3) 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

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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 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).
If the court sets a permanency goal of independence or if
the minor is 17 years of age or older, the court shall schedule
a Successful Transition to Adulthood Review hearing in
accordance with Section 2-28.2.
(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 the minor's
parents or former guardian or custodian.
When return home is not selected as the permanency goal:

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(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

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connections between the parent whose rights have been
terminated and the minor 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 the minor's 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. If a motion is filed to modify or vacate a private
guardianship order and return the child to a parent, guardian,
or legal custodian, the court may order the Department of
Children and Family Services to assess the minor's current and
proposed living arrangements and to provide ongoing monitoring
of the health, safety, and best interest of the minor during
the pendency of the motion to assist the court in making that

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determination. In the event that the minor has attained 18
years of age and the guardian or custodian petitions the court
for an order terminating the minor's 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 the legal custodian's or guardian's 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 aftercare
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.
If the minor is being restored to the custody of a parent,
legal custodian, or guardian who lives outside of Illinois,
and an Interstate Compact has been requested and refused, the
court may order the Department of Children and Family Services
to arrange for an assessment of the minor's proposed living
arrangement and for ongoing monitoring of the health, safety,
and best interest of the minor and compliance with any order of
protective supervision entered in accordance with Section
2-24.
(5) Whenever a parent, guardian, or legal custodian files

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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 the minor's health or safety and
fitness of the parent, guardian, or legal custodian.
(a) Any agency of this State or any subdivision
thereof shall cooperate 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. 103-22, eff. 8-8-23; 103-154, eff. 6-30-23;
103-171, eff. 1-1-24; 103-605, eff. 7-1-24; 103-1061, eff.
2-5-25; 104-2, eff. 6-16-25; 104-107, eff. 7-1-26; revised

SB3196 Enrolled - 135 - LRB104 20388 KTG 33848 b
8-20-25.)
(705 ILCS 405/2-28.2)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 2-28.2. Successful Transition to Adulthood Review
hearings.
(a) The court shall conduct Successful Transition to
Adulthood Review (STAR) hearings to review the Department's
efforts to ensure the minor is provided with opportunities to
engage in individualized future-focused planning towards
adulthood, to develop age-appropriate daily living skills to
live successfully as an adult, and if applicable, to be
prepared to transition out of the care of the Department at age
21.
(b) The court shall conduct a STAR hearing for all minors
for whom the court has entered a permanency goal of
independence and for all minors who are 17 years of age or
older. The minor's first STAR hearing shall be conducted
within 6 months of the minor qualifying for a STAR hearing.
Subsequent STAR hearings may be conducted contemporaneously
with the minor's permanency hearing. At a minimum, the court
shall conduct STAR hearings for eligible minors within 6
months of the minor becoming eligible for a STAR hearing and
annually thereafter. The court may schedule additional STAR
hearings as necessary and in the minor's best interest, or

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upon the request of the minor.
(c) Fourteen days in advance of the STAR hearing the
Department shall provide the court with the minor's youth's
service plan that includes the following information:
(1) a copy of the youth-driven transition plan
developed in accordance with Section 35.10 of the Children
and Family Services Act;
(2) for minors youth 17 years of age and older, the ILO
TLP Quarterly Discharge Launch Plan, if applicable;
(3) a description of the documents necessary for adult
living as provided in Section 35.10 of the Children and
Family Services Act that the minor has, the documents the
minor continues to need, and the Department's plan to
ensure the minor has such documents prior to case closure;
(4) a description of the Department's efforts to
assist the minor youth in developing and maintaining
connections with supportive adults and a copy of the
minor's Ongoing Family Finding and Relative Engagement
Plan developed in accordance with Section 2-27.3; and
(5) for minors youth who are likely to need a guardian
as a person with a disability, in accordance with Article
XIa of the Probate Act of 1975, a description of the
Department's efforts to obtain any necessary assessments.
(d) At the STAR hearing the court shall:
(1) review the Department's efforts to assist the
minor in developing and implementing an individualized

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youth-driven transition plan to develop life skills that
will lead to successful adult living;
(2) review the plan developed by the Department and
the minor to ensure that it is reasonably likely to ensure
the minor can live independent of supports from the
Department;
(3) review the Department's efforts to assist the
minor in accomplishing the plan;
(4) review the Department's efforts to ensure the
minor has documents necessary for adult living, as defined
in Section 35.10 of the Children and Family Services Act
prior to case closure;
(5) review the Department's efforts to ensure that the
minor is aware of available supports and services
post-case closure and how to access such supports and
services; and
(6) if applicable, review the Department's efforts to
obtain any needed assessments to determine whether the
youth may qualify for a guardian as a person with a
disability under Article XIa of the Probate Act of 1975;
and .
(7) allow the minor the opportunity to express to the
court the minor's goals, preferences, and concerns
regarding the minor's transition to independence. The
court shall give considerable weight to the minor's
preferences in determining the minor's best interests.

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(e) When scheduling STAR hearings, to the extent
reasonable, the court must consider the minor's availability
and preferred method of court participation, whether in person
or via secure videoconferencing technology, if available and
permitted by the court.
(f) If the court finds that the youth-driven transition
plan for the minor is not in the minor's best interest or will
not be reasonably likely to result in the development of life
skills necessary for adult living, the court shall make
specific factual findings supporting its findings and order
the Department to develop a new plan with the minor consistent
with the court's findings. If the court finds that the
Department has failed to make reasonable efforts to (i) assist
the minor in developing and accomplishing a youth-driven
transition plan or (ii) obtain any necessary assessments for
minors to determine whether the youth may qualify for a
guardian as a person with a disability under Article XIa of the
Probate Act of 1975, then the court shall make specific
factual findings and may enter such orders it deems necessary
to ensure that the minor is developing necessary life skills
and, when appropriate, is prepared to successfully transition
to adulthood.
(Source: P.A. 104-107, eff. 7-1-26.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text

SB3196 Enrolled - 139 - LRB104 20388 KTG 33848 b
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
SB3196 Enrolled - 140 - LRB104 20388 KTG 33848 b
INDEX
Statutes amended in order of appearance
20 ILCS 505/5
20 ILCS 505/5.46
20 ILCS 505/35.10
705 ILCS 405/2-28
705 ILCS 405/2-28.2