Bill Text: IL SB3308 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Provides that the amendatory Act may be referred to as the Kinship in Demand (KIND) Act. Provides that the KIND Act creates the statutory vision and authority for the Department of Children and Family Services to execute a kin-first approach to service delivery and directs the juvenile courts to provide necessary oversight of the Department's obligations to maintain family connections and promote equitable opportunities for youth and families to thrive with relational permanence. Amends the Children and Family Services Act. Contains provisions concerning Department rules on relative, kinship, and licensed foster care; grants to subsidized guardians of hard-to-place children; a requirement on the Department to make reasonable efforts to place a child with a relative; documentation of the Department's reasons for failing to secure a relative placement; foster care maintenance payments for relatives who qualify for certification as a kinship caregiver home; subsidized guardianship support services for children and their guardians; certification and background checks on relative caregivers; annual reports regarding relative and kinship care placements; performance audits; and other matters. Amends the Child Care Act of 1969. Requires the Department to adopt standards for certifying kinship caregiver family homes that are different from licensing standards used for non-relative foster family homes. Contains provisions concerning background screenings of prospective kinship caregivers; a requirement that the Department assist relatives and prospective kinship caregivers with completing the steps required for approval as a kinship caregiver home; orientation activities for prospective kinship caregivers; Guardianship Assistance Program payments and services for relative caregivers; and other matters. Amends the Juvenile Court Act of 1987. Makes changes to provisions concerning "best interest" determinations; emergency placement of a minor with a willing relative pending a temporary custody hearing; court assessments on the Department's effort to place a minor with a relative; court ordered family-finding efforts; required notification to a minor's located relatives that the minor has been removed from the custody of the minor's parents; and other matters. Effective immediately.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced) 2024-04-15 - Chief Sponsor Changed to Sen. Don Harmon [SB3308 Detail]

Download: Illinois-2023-SB3308-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3308 Introduced 2/7/2024, by Sen. Ann Gillespie SYNOPSIS AS INTRODUCED:
See Index
Provides that the amendatory Act may be referred to as the Kinship in Demand (KIND) Act. Provides that the KIND Act creates the statutory vision and authority for the Department of Children and Family Services to execute a kin-first approach to service delivery and directs the juvenile courts to provide necessary oversight of the Department's obligations to maintain family connections and promote equitable opportunities for youth and families to thrive with relational permanence. Amends the Children and Family Services Act. Contains provisions concerning Department rules on relative, kinship, and licensed foster care; grants to subsidized guardians of hard-to-place children; a requirement on the Department to make reasonable efforts to place a child with a relative; documentation of the Department's reasons for failing to secure a relative placement; foster care maintenance payments for relatives who qualify for certification as a kinship caregiver home; subsidized guardianship support services for children and their guardians; certification and background checks on relative caregivers; annual reports regarding relative and kinship care placements; performance audits; and other matters. Amends the Child Care Act of 1969. Requires the Department to adopt standards for certifying kinship caregiver family homes that are different from licensing standards used for non-relative foster family homes. Contains provisions concerning background screenings of prospective kinship caregivers; a requirement that the Department assist relatives and prospective kinship caregivers with completing the steps required for approval as a kinship caregiver home; orientation activities for prospective kinship caregivers; Guardianship Assistance Program payments and services for relative caregivers; and other matters. Amends the Juvenile Court Act of 1987. Makes changes to provisions concerning "best interest" determinations; emergency placement of a minor with a willing relative pending a temporary custody hearing; court assessments on the Department's effort to place a minor with a relative; court ordered family-finding efforts; required notification to a minor's located relatives that the minor has been removed from the custody of the minor's parents; and other matters. Effective immediately.
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A BILL FOR
SB3308 LRB103 39256 KTG 69408 b
AN ACT concerning children.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. This Act may be referred to as the Kinship in
Demand (KIND) Act.
Section 2. Legislative findings and declaration of policy.
The General Assembly finds, determines, and declares the
following:
(1) The Kinship in Demand Act creates the statutory
vision and authority for the Department of Children and
Family Services to execute a kin-first approach to service
delivery and directs the juvenile courts to provide
necessary oversight of the Department's obligations to
maintain family connections and promote equitable
opportunities for youth and families to thrive with
relational permanence.
(2) Connection to family, community, and culture
creates emotional and relational permanency. Emotional and
relational permanency includes recognizing and supporting
many types of important long-term relationships that help
a youth feel loved and connected.
(3) Federal policy prioritizes placement with
relatives or close family friends when youth enter into

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the foster system. Research consistently demonstrates that
placing youth with their kin lessens the trauma of family
separation, reduces placement disruptions, enhances
permanency options if youth cannot be reunified, results
in higher placement satisfaction for youth in care, and
delivers better social, behavioral, mental health, and
educational outcomes for youth than non-kin foster care.
(4) Kinship placements are not only more stable, they
are shown to reduce the time to permanence when both
subsidized guardianship and adoption are available as
permanency options. By making the duration in foster care
shorter, kinship placements can help to mitigate the
long-term consequences of family separation. This reality
means that the State should encourage kinship
guardianship, and carefully consider how such arrangements
help children with existing family structures which can be
damaged by the termination of parental rights.
(5) It is in the State's public policy interest to
adopt a kin-first culture for the Illinois foster system
and ensure that youth placed in the care of relatives by
the Department of Children and Family Services receive
equitable resources and permanency planning tailored to
each family's unique needs. The Department of Children and
Family Services must promote kinship placement, help youth
in care maintain connections with their families, tailor
services and supports to kinship families, and listen to

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the voices of youth, their families, and kinship
caregivers to materially improve young people's
experiences. The Department's policies and resource
allocations must align with kin-first values and the
Department must pursue federal funding opportunities to
enhance kinship care. Lawyers and judges in juvenile court
play a meaningful role in creating a kin-first culture.
The juvenile court must have sufficient information at all
stages of the process to provide essential judicial
oversight of the Department's efforts to contact and
engage relatives as well as hear directly from relatives
who assert they have capacity to provide placement and
relational permanence for youth in the care of the
Department.
(6) The financial costs of raising a child, whether
borne by a relative or a foster parent, are significant.
Youth in care who are placed with relatives should not be
deprived of the financial resources available to
non-relative foster parents. Foster home licensing
standards comprise the foundation on which different and
insufficient financial support for relative caregivers
compared to non-relatives is built, a disparity that
undermines the economic security, well-being, and
equitable access to federal foster care maintenance
payments for youth living with kin. In September 2023, the
U.S. Department of Health and Human Services authorized

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states to voluntarily establish different licensing or
approval standards for kinship caregivers to remove
barriers to kinship caregiving that harms youth and
impedes attainment of permanency. To address inequities
and harms, the General Assembly intends to effectuate this
federal rule and to leverage every opportunity permitted
by the federal government to obtain federal funds for (i)
family finding and relative placements, including payments
for kinship caregivers at least equivalent to those
provided to licensed foster parents and (ii) kinship
navigator programs, which the federal government asserts
are essential components of the foster system, designed to
support kinship caregivers who are providing homes for
youth in care.
Section 5. The Children and Family Services Act is amended
by changing Sections 4d, 5, 6a, 7, and 7.3 and by adding
Sections 50 and 55 as follows:
(20 ILCS 505/4d)
Sec. 4d. Definitions Definition. As used in this Act:
"Kinship caregiver" has the meaning ascribed to that term
in Section 2.36 of the Child Care Act of 1969.
"Kinship caregiver home" has the meaning ascribed to that
term in Section 2.37 of the Child Care Act of 1969.
"Relative" has the meaning ascribed to that term in

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Section 2.36 of the Child Care Act of 1969.
"Relative home" has the meaning ascribed to that term in
Section 2.38 of the Child Care Act of 1969.
"Subsidized guardian" means a person who receives
guardianship assistance program payments for providing care as
the guardian of the person of a minor.
"Subsidized guardianship" means the exit of a child from
foster care under the responsibility of the State to a
guardian of a person of a minor who receives guardianship
assistance program payments. Payments may be funded through
State funds, federal funds, or both State and federal funds.
"Youth in care" means persons placed in the temporary
custody or guardianship of the Department pursuant to the
Juvenile Court Act of 1987.
(Source: P.A. 100-159, eff. 8-18-17.)
(20 ILCS 505/5)
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

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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
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

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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
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

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and older, unless a child 18 years of age is in the
last year of high school education or vocational
training, in an approved individual or group treatment
program, in a licensed shelter facility, or secure
child care facility. The Department is not required to
place or maintain children:
(i) who are in a foster home, or
(ii) who are persons with a developmental
disability, as defined in the Mental Health and
Developmental Disabilities Code, or
(iii) who are female children who are
pregnant, pregnant and parenting, or parenting, or
(iv) who are siblings, in facilities that
provide separate living quarters for children 18
years of age and older and for children under 18
years of age.
(b) (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

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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
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

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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, family reunification, and adoption, including, but
not limited to:
(1) reunification, guardianship, and adoption;
(2) relative, kinship, 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

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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
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;

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(5) day care; and
(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
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

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determined eligible for financial assistance under this
subsection (j) in the interim period beginning when the
child's: (i) adoptive parents died and ending with the
finalization of a subsidized guardianship or the new adoption
of the child by subsidized guardianship or another adoptive
parent or parents or (ii) subsidized guardians died and ending
with the finalization of the new adoption or guardianship of
the child by another adoptive parent or subsidized guardian.
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
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

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a judgment or debt.
(j-5) The Department shall not deny or delay the placement
of a child for subsidized guardianship or 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
adoptive placement. Family preservation services shall only be
offered when doing so will not endanger the children's health
or safety. With respect to children who are in substitute care
pursuant to the Juvenile Court Act of 1987, family
preservation services shall not be offered if a goal other
than those of subdivisions (A), (B), or (B-1) of subsection
(2) of Section 2-28 of that Act has been set, except that
reunification services may be offered as provided in paragraph

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(F) of subsection (2) of Section 2-28 of that Act. Nothing in
this paragraph shall be construed to create a private right of
action or claim on the part of any individual or child welfare
agency, except that when a child is the subject of an action
under Article II of the Juvenile Court Act of 1987 and the
child's service plan calls for services to facilitate
achievement of the permanency goal, the court hearing the
action under Article II of the Juvenile Court Act of 1987 may
order the Department to provide the services set out in the
plan, if those services are not provided with reasonable
promptness and if those services are available.
The Department shall notify the child and 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
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

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if the report is determined to be unfounded, if the conditions
in the child's or family's home are reasonably likely to
subject the child or family to future reports of suspected
child abuse or neglect. Acceptance of such services shall be
voluntary. The Department may also provide services to any
child or family after completion of a family assessment, as an
alternative to an investigation, as provided under the
"differential response program" provided for in subsection
(a-5) of Section 7.4 of the Abused and Neglected Child
Reporting Act.
The Department may, at its discretion except for those
children also adjudicated neglected or dependent, accept for
care and training any child who has been adjudicated addicted,
as a truant minor in need of supervision or as a minor
requiring authoritative intervention, under the Juvenile Court
Act or the Juvenile Court Act of 1987, but no such child shall
be committed to the Department by any court without the
approval of the Department. On and after January 1, 2015 (the
effective date of Public Act 98-803) 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

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exists, which must be defined by departmental rule, or (iii) a
minor for whom the court has granted a supplemental petition
to reinstate wardship pursuant to subsection (2) of Section
2-33 of the Juvenile Court Act of 1987. On and after January 1,
2017, a minor charged with a criminal offense under the
Criminal Code of 1961 or the Criminal Code of 2012 or
adjudicated delinquent shall not be placed in the custody of
or committed to the Department by any court, except (i) a minor
less than 15 years of age committed to the Department under
Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
for whom an independent basis of abuse, neglect, or dependency
exists, which must be defined by departmental rule, or (iii) a
minor for whom the court has granted a supplemental petition
to reinstate wardship pursuant to subsection (2) of Section
2-33 of the Juvenile Court Act of 1987. An independent basis
exists when the allegations or adjudication of abuse, neglect,
or dependency do not arise from the same facts, incident, or
circumstances which give rise to a charge or adjudication of
delinquency. The Department shall assign a caseworker to
attend any hearing involving a youth in the care and custody of
the Department who is placed on aftercare release, including
hearings involving sanctions for violation of aftercare
release conditions and aftercare release revocation hearings.
As soon as is possible after August 7, 2009 (the effective
date of Public Act 96-134), the Department shall develop and
implement a special program of family preservation services to

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support intact, relative and kinship caregiver, foster, and
adoptive families who are experiencing extreme hardships due
to the difficulty and stress of caring for a child who has been
diagnosed with a pervasive developmental disorder if the
Department determines that those services are necessary to
ensure the health and safety of the child. The Department may
offer services to any family whether or not a report has been
filed under the Abused and Neglected Child Reporting Act. The
Department may refer the child or family to services available
from other agencies in the community if the conditions in the
child's or family's home are reasonably likely to subject the
child or family to future reports of suspected child abuse or
neglect. Acceptance of these services shall be voluntary. The
Department shall develop and implement a public information
campaign to alert health and social service providers and the
general public about these special family preservation
services. The nature and scope of the services offered and the
number of families served under the special program
implemented under this paragraph shall be determined by the
level of funding that the Department annually allocates for
this purpose. The term "pervasive developmental disorder"
under this paragraph means a neurological condition,
including, but not limited to, Asperger's Syndrome and autism,
as defined in the most recent edition of the Diagnostic and
Statistical Manual of Mental Disorders of the American
Psychiatric Association.

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(l-1) The General Assembly recognizes that the best
interests of the child require that the child be placed in a
the most permanent living arrangement that is an appropriate
option for the child, 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 permanent living
arrangement and permanent legal status.
When determining reasonable efforts to be made with
respect to a child, as described in this subsection, and in
making such reasonable efforts, the child's health and safety
shall be the paramount concern.
When a child is placed in foster care, the Department
shall ensure and document that reasonable efforts were made to
prevent or eliminate the need to remove the child from the
child's home. The Department must make reasonable efforts to
reunify the family when temporary placement of the child
occurs unless otherwise required, pursuant to the Juvenile

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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 reasonable efforts
to place the child with a relative, document those reasonable
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 reasonable efforts to assist the
relative in obtaining the necessary resources. 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 made is the
best available placement to provide permanency for the child.
The Department shall adopt rules addressing concurrent
planning for reunification and permanency. The Department
shall consider the following factors when determining
appropriateness of concurrent planning:
(1) the likelihood of prompt reunification;

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(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 relative, kinship caregiver, or other foster
parents' willingness to work with the family to reunite;
(6) the willingness and ability of the relative,
kinship caregiver, or other foster family to provide a
permanent placement an adoptive home or long-term
placement;
(7) the age of the child;
(8) placement of siblings; and .
(9) the wishes of the parent or parents unless the
parental preferences jeopardize the health and safety 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

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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
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

SB3308 - 23 - LRB103 39256 KTG 69408 b
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
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

SB3308 - 24 - LRB103 39256 KTG 69408 b
that cares for children who are in need of secure living
arrangements for their health, safety, and well-being after a
determination is made by the facility director and the
Director or the Director's designate prior to admission to the
facility subject to Section 2-27.1 of the Juvenile Court Act
of 1987. This subsection (m-1) does not apply to a child who is
subject to placement in a correctional facility operated
pursuant to Section 3-15-2 of the Unified Code of Corrections,
unless the child is a youth in care who was placed in the care
of the Department before being subject to placement in a
correctional facility and a court of competent jurisdiction
has ordered placement of the child in a secure care facility.
(n) The Department may place children under 18 years of
age in licensed child care facilities when in the opinion of
the Department, appropriate services aimed at family
preservation have been unsuccessful and cannot ensure the
child's health and safety or are unavailable and such
placement would be for their best interest. Payment for board,
clothing, care, training and supervision of any child placed
in a licensed child care facility may be made by the
Department, by the parents or guardians of the estates of
those children, or by both the Department and the parents or
guardians, except that no payments shall be made by the
Department for any child placed in a licensed child care
facility for board, clothing, care, training, and supervision
of such a child that exceed the average per capita cost of

SB3308 - 25 - LRB103 39256 KTG 69408 b
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
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

SB3308 - 26 - LRB103 39256 KTG 69408 b
the youth will increase skills to achieve self-sufficiency. A
homeless shelter is not considered appropriate housing for any
youth receiving child welfare services under this Section. The
Department shall continue child welfare services under this
Section to any eligible minor until the minor becomes 21 years
of age, no longer consents to participate, or achieves
self-sufficiency as identified in the minor's service plan.
The Department of Children and Family Services shall create
clear, readable notice of the rights of former foster youth to
child welfare services under this Section and how such
services may be obtained. The Department of Children and
Family Services and the Department of Human Services shall
disseminate this information statewide. The Department shall
adopt regulations describing services intended to assist
minors in achieving sustainable self-sufficiency as
independent adults.
(o) The Department shall establish an administrative
review and appeal process for children and families who
request or receive child welfare services from the Department.
Youth in care who are placed by private child welfare
agencies, and caregivers foster families with whom those youth
are placed, shall be afforded the same procedural and appeal
rights as children and families in the case of placement by the
Department, including the right to an initial review of a
private agency decision by that agency. The Department shall
ensure that any private child welfare agency, which accepts

SB3308 - 27 - LRB103 39256 KTG 69408 b
youth in care for placement, affords those rights to children
and caregivers with whom those youth are placed foster
families. The Department shall accept for administrative
review and an appeal hearing a complaint made by (i) a child or
caregiver with whom the youth is placed foster family
concerning a decision following an initial review by a private
child welfare agency, or (ii) a prospective subsidized
guardian or adoptive parent who alleges a violation of
subsection (j-5) of this Section, or (iii) a prospective
kinship caregiver who alleges a violation of Section 3.4 of
the Child Care Act of 1969. An appeal of a decision concerning
a change in the placement of a child shall be conducted in an
expedited manner. A court determination that a current foster
home placement is necessary and appropriate under Section 2-28
of the Juvenile Court Act of 1987 does not constitute a
judicial determination on the merits of an administrative
appeal, filed by a former caregiver foster parent, involving a
change of placement decision.
(p) (Blank).
(q) The Department may receive and use, in their entirety,
for the benefit of children any gift, donation, or bequest of
money or other property which is received on behalf of such
children, or any financial benefits to which such children are
or may become entitled while under the jurisdiction or care of
the Department, except that the benefits described in Section
5.46 must be used and conserved consistent with the provisions

SB3308 - 28 - LRB103 39256 KTG 69408 b
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
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

SB3308 - 29 - LRB103 39256 KTG 69408 b
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.
(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.

SB3308 - 30 - LRB103 39256 KTG 69408 b
(s) The Department of Children and Family Services may
establish and implement a program to reimburse Department and
private child welfare agency foster parents licensed by the
Department of Children and Family Services for damages
sustained by the foster parents as a result of the malicious or
negligent acts of foster children, as well as providing third
party coverage for such foster parents with regard to actions
of foster children to other individuals. Such coverage will be
secondary to the foster parent liability insurance policy, if
applicable. The program shall be funded through appropriations
from the General Revenue Fund, specifically designated for
such purposes.
(t) The Department shall perform home studies and
investigations and shall exercise supervision over visitation
as ordered by a court pursuant to the Illinois Marriage and
Dissolution of Marriage Act or the Adoption Act only if:
(1) an order entered by an Illinois court specifically
directs the Department to perform such services; and
(2) the court has ordered one or both of the parties to
the proceeding to reimburse the Department for its
reasonable costs for providing such services in accordance
with Department rules, or has determined that neither
party is financially able to pay.
The Department shall provide written notification to the
court of the specific arrangements for supervised visitation
and projected monthly costs within 60 days of the court order.

SB3308 - 31 - LRB103 39256 KTG 69408 b
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 in any
substitute care setting with a prospective adoptive parent or
parents, in a licensed foster home, group home, or child care
institution, or in a relative home, the Department shall
provide to the prospective caregiver adoptive parent or
parents or other caretaker:
(1) available detailed information concerning the
child's educational and health history, copies of
immunization records (including insurance and medical card
information), a history of the child's previous
placements, if any, and reasons for placement changes
excluding any information that identifies or reveals the
location of any previous caregiver caretaker;
(2) a copy of the child's portion of the client
service plan, including any visitation arrangement, and
all amendments or revisions to it as related to the child;
and
(3) information containing details of the child's
individualized educational plan when the child is
receiving special education services.
The caregiver caretaker shall be informed of any known

SB3308 - 32 - LRB103 39256 KTG 69408 b
social or behavioral information (including, but not limited
to, criminal background, fire setting, perpetuation of sexual
abuse, destructive behavior, and substance abuse) necessary to
care for and safeguard the children to be placed or currently
in the home. The Department may prepare a written summary of
the information required by this paragraph, which may be
provided to the caregiver foster or prospective adoptive
parent in advance of a placement. The caregiver in any
placement foster or prospective adoptive parent may review the
supporting documents in the child's file in the presence of
casework staff. In the case of an emergency placement,
casework staff shall at least provide known information
verbally, if necessary, and must subsequently provide the
information in writing as required by this subsection.
The information described in this subsection shall be
provided in writing. In the case of emergency placements when
time does not allow prior review, preparation, and collection
of written information, the Department shall provide such
information as it becomes available. Within 10 business days
after placement, the Department shall obtain from the
prospective caregiver adoptive parent or parents or other
caretaker a signed verification of receipt of the information
provided. Within 10 business days after placement, the
Department shall provide to the child's guardian ad litem a
copy of the information provided to the prospective caregiver
adoptive parent or parents or other caretaker. The information

SB3308 - 33 - LRB103 39256 KTG 69408 b
provided to the prospective caregiver adoptive parent or
parents or other caretaker shall be reviewed and approved
regarding accuracy at the supervisory level.
(u-5) Effective July 1, 1995, only foster care placements
licensed as foster family homes pursuant to the Child Care Act
of 1969 shall be eligible to receive foster care payments from
the Department. Beginning July 1, 2024, relatives who qualify
for certification as a kinship caregiver home 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 unrelated foster family
homes. Beginning January 1, 2025, relative homes providing
care to a child placed by the Department that are not certified
as a kinship 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 kinship caregiver homes. Relative
caregivers who, as of July 1, 1995, were approved pursuant to
approved relative placement rules previously promulgated by
the Department at 89 Ill. Adm. Code 335 and had submitted an
application for licensure as a foster family home may continue
to receive foster care payments only until the Department
determines that they may be licensed as a foster family home or
that their application for licensure is denied or until
September 30, 1995, whichever occurs first.
(u-6) To assist relatives and kinship caregivers, the

SB3308 - 34 - LRB103 39256 KTG 69408 b
Department shall develop and implement a support program, as
follows:
(1) For relatives and kinship caregivers, the
Department is authorized to reimburse or prepay reasonable
expenditures to remedy home conditions necessary to
fulfill the safety-related requirements of kinship
caregiver homes.
(2) The Department may provide short-term emergency
funds to relatives and kinship caregiver homes
experiencing extreme hardships due to the difficulty and
stress associated with adding youth in care as new
household members. The program shall be funded through
appropriations from the General Revenue Fund, specifically
designated for such purposes.
(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, and any other
applicable federal laws the provision of kinship navigator
program services for which the federal government pays
some or all of the cost to support relatives and kinship
caregivers of youth in care. 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

SB3308 - 35 - LRB103 39256 KTG 69408 b
kinship navigator program services shall provide
information, referral services, support, and assistance to
relatives and kinship 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 provide quarterly updates
to the General Assembly on the Department's progress in
pursuing federal funding.
(u-7) To support finding permanency for children through
subsidized guardianship and to prevent disruption in
guardianship placements, the Department shall establish and
maintain accessible subsidized guardianship support services
for all children under 18 years of age placed in guardianship
who, immediately preceding the guardianship, were in the
custody or guardianship of the Department under Article II of
the Juvenile Court Act of 1987 and all children residing in
this State placed in guardianship in accordance with the
Interstate Compact on Placement of Children Act.
The Department shall establish and maintain a toll-free
number to respond to requests from the public about its
subsidized guardianship 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. To meet this
obligation, the Department may utilize the same toll-free
number the Department operates to respond to post-adoption

SB3308 - 36 - LRB103 39256 KTG 69408 b
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 relative and kinship
caregivers pursuing subsidized guardianship to inform them
of their rights and responsibilities under the Child Care
Act of 1969 and the Children and Family Services 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 finalization 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

SB3308 - 37 - LRB103 39256 KTG 69408 b
booklet, information on how to request that a copy of the
booklet be mailed, and a sticker or magnet that includes
the toll-free number to access the Department's subsidized
guardianship support services; and
(6) it shall ensure that kinship navigator programs of
this State have this information to include in materials
the programs provide to kinship caregivers.
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. Beginning January 1, 2025, this information

SB3308 - 38 - LRB103 39256 KTG 69408 b
shall be provided prior to placement.
(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
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

SB3308 - 39 - LRB103 39256 KTG 69408 b
national crime information databases. Final approval for
placement shall not be granted if the record check reveals a
felony conviction for child abuse or neglect, for spousal
abuse, for a crime against children, or for a crime involving
violence, including rape, sexual assault, or homicide, but not
including other physical assault or battery, or if there is a
felony conviction for physical assault, battery, or a
drug-related offense committed within the past 5 years.
(v-2) Prior to final approval for placement of a child
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 for placement of a child
in a relative home as defined in Section 2.38 of the Child Care
Act of 1969 or a kinship caregiver home as defined in Section
2.37 of the Child Care Act of 1969, the Department shall ensure
that background screening meets the standards required under
subsection (c) of Section 3.4 of the Child Care Act of 1969.
(w) (Blank). Within 120 days of August 20, 1995 (the
effective date of Public Act 89-392), the Department shall
prepare and submit to the Governor and the General Assembly, a

SB3308 - 40 - LRB103 39256 KTG 69408 b
written plan for the development of in-state licensed secure
child care facilities that care for children who are in need of
secure living arrangements for their health, safety, and
well-being. For purposes of this subsection, secure care
facility shall mean a facility that is designed and operated
to ensure that all entrances and exits from the facility, a
building or a distinct part of the building, are under the
exclusive control of the staff of the facility, whether or not
the child has the freedom of movement within the perimeter of
the facility, building, or distinct part of the building. The
plan shall include descriptions of the types of facilities
that are needed in Illinois; the cost of developing these
secure care facilities; the estimated number of placements;
the potential cost savings resulting from the movement of
children currently out-of-state who are projected to be
returned to Illinois; the necessary geographic distribution of
these facilities in Illinois; and a proposed timetable for
development of such facilities.
(x) The Department shall conduct annual credit history
checks to determine the financial history of children placed
under its guardianship pursuant to the Juvenile Court Act of
1987. The Department shall conduct such credit checks starting
when a youth in care turns 12 years old and each year
thereafter for the duration of the guardianship as terminated
pursuant to the Juvenile Court Act of 1987. The Department
shall determine if financial exploitation of the child's

SB3308 - 41 - LRB103 39256 KTG 69408 b
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
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

SB3308 - 42 - LRB103 39256 KTG 69408 b
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.
(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

SB3308 - 43 - LRB103 39256 KTG 69408 b
employee coded or certified within the State of Illinois
Personnel System.
"Department applicant" means an individual who has
conditional Department full-time or part-time work, a
contractor, an individual used to replace or supplement staff,
an academic intern, a volunteer in Department offices or on
Department contracts, a work-study student, an individual or
entity licensed by the Department, or an unlicensed service
provider who works as a condition of a contract or an agreement
and whose work may bring the unlicensed service provider into
contact with Department clients or client records.
(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
102-1014, eff. 5-27-22; 103-22, eff. 8-8-23; 103-50, eff.
1-1-24; 103-546, eff. 8-11-23; revised 9-25-23.)
(20 ILCS 505/6a) (from Ch. 23, par. 5006a)
Sec. 6a. Case plan.
(a) With respect to each Department client for whom the
Department is providing placement service, the Department
shall develop a case plan designed to stabilize the family
situation and prevent 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, reunify the family
if temporary placement is necessary when safe and appropriate,
or move the child toward an appropriate the most permanent
living arrangement and permanent legal status, using the

SB3308 - 44 - LRB103 39256 KTG 69408 b
factors set forth in subsection (4.05) of Section 1-3 of the
Juvenile Court Act of 1987. Such case plan shall provide for
the utilization of family preservation services as defined in
Section 8.2 of the Abused and Neglected Child Reporting Act.
Such case plan shall be reviewed and updated every 6 months.
The Department shall ensure that incarcerated parents are able
to participate in case plan reviews via teleconference or
videoconference. Where appropriate, the case plan shall
include recommendations concerning alcohol or drug abuse
evaluation.
If the parent is incarcerated, the case plan must address
the tasks that must be completed by the parent and how the
parent will participate in the administrative case review and
permanency planning hearings and, wherever possible, must
include treatment that reflects the resources available at the
facility where the parent is confined. The case plan must
provide for visitation opportunities, unless visitation is not
in the best interests of the child.
(b) The Department may enter into written agreements with
child welfare agencies to establish and implement case plan
demonstration projects. The demonstration projects shall
require that service providers develop, implement, review and
update client case plans. The Department shall examine the
effectiveness of the demonstration projects in promoting the
family reunification or the permanent placement of each client
and shall report its findings to the General Assembly no later

SB3308 - 45 - LRB103 39256 KTG 69408 b
than 90 days after the end of the fiscal year in which any such
demonstration project is implemented.
(Source: P.A. 99-836, eff. 1-1-17.)
(20 ILCS 505/7) (from Ch. 23, par. 5007)
Sec. 7. Placement of children; considerations.
(a) In placing any child under this Act, the Department
shall place the child, as far as possible, in the care and
custody of some individual holding the same religious belief
as the parents of the child, or with some child care facility
which is operated by persons of like religious faith as the
parents of such child.
(a-5) In placing a child under this Act, the Department
shall place the child with the child's sibling or siblings
under Section 7.4 of this Act unless the placement is not in
each child's best interest, or is otherwise not possible under
the Department's rules. If the child is not placed with a
sibling under the Department's rules, the Department shall
consider placements that are likely to develop, preserve,
nurture, and support sibling relationships, where doing so is
in each child's best interest.
(b) In placing a child under this Act, the Department
shall may place a child with a relative if the Department
determines that the relative will be able to adequately
provide for the child's safety and welfare based on the
factors set forth in the Department's rules governing such

SB3308 - 46 - LRB103 39256 KTG 69408 b
relative placements, and that the placement is consistent with
the child's best interests, taking into consideration the
factors set out in subsection (4.05) of Section 1-3 of the
Juvenile Court Act of 1987.
When the Department first assumes custody of a child, in
placing that child under this Act, the Department shall make
reasonable efforts to identify, locate, and provide notice to
all adult grandparents and other adult relatives of the child
who are ready, willing, and able to care for the child. At a
minimum, these reasonable efforts shall be renewed each time
the child requires a placement change, or a child is separated
from siblings, and it is appropriate for the child to be cared
for in a home environment. The Department must document its
efforts to identify, locate, and provide notice to such
potential relative placements and maintain the documentation
in the child's case file. If a relative home is not available,
the Department may make an initial, temporary placement of a
child in a licensed non-relative home while engaging in
reasonable efforts to locate relatives, including family
finding efforts required under the Juvenile Court Act of 1987.
If the Department determines that a placement with any
identified relative is not in the child's best interests or
that the relative does not meet the requirements to be a
relative caregiver, as set forth in Department rules or by
statute, the Department must document the basis for that
decision, and maintain the documentation in the child's case

SB3308 - 47 - LRB103 39256 KTG 69408 b
file, inform the identified relative of the relative's rights
under Section 1-5 of the Juvenile Court Act of 1987, report
this information to the court in accordance with the
requirements of Section 2-28 of the Juvenile Court Act of
1987, and report the reason for denial in accordance with
Section 50 of this Act.
If, pursuant to the Department's rules, any person files
an administrative appeal of the Department's decision not to
place a child with a relative, it is the Department's burden to
prove that the decision is consistent with the child's best
interests. The Department shall report information related to
these appeals pursuant to Section 50 of this Act.
When the Department determines that the child requires
placement in an environment, other than a home environment,
the Department shall continue to make reasonable efforts to
identify and locate relatives to serve as visitation resources
for the child and potential future placement resources unless
and until excused by the court. , except when the Department
determines that those efforts would be futile or inconsistent
with the child's best interests.
If the Department determines that efforts to identify and
locate relatives would be futile or inconsistent with the
child's best interests, the Department shall document the
basis of its determination and maintain the documentation in
the child's case file.
If the Department determines that an individual or a group

SB3308 - 48 - LRB103 39256 KTG 69408 b
of relatives are inappropriate to serve as visitation
resources or possible placement resources, the Department
shall document the basis of its determination, and maintain
the documentation in the child's case file, inform the
identified relative of the relative's rights under Section 1-5
of the Juvenile Court Act of 1987, and report this information
to the court in accordance with the requirements of Section
2-28 of the Juvenile Court Act of 1987.
When the Department determines that an individual or a
group of relatives are appropriate to serve as visitation
resources or current or possible future placement resources,
the Department shall document the basis of its determination,
maintain the documentation in the child's case file, create a
visitation or transition plan, or both, and incorporate the
visitation or transition plan, or both, into the child's case
plan. The Department shall report this information to the
court as part of the Department's family finding efforts
required under Section 2-28 of the Juvenile Court Act of 1987.
For the purpose of this subsection, any determination as to
the child's best interests shall include consideration of the
factors set out in subsection (4.05) of Section 1-3 of the
Juvenile Court Act of 1987.
The Department may not place a child with a relative
unless the home meets the minimum standards for background
screening required under subsection (c) of Section 3.4 of the
Child Care Act of 1969. , with the exception of certain

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circumstances which may be waived as defined by the Department
in rules, if the results of a check of the Law Enforcement
Agencies Data System (LEADS) identifies a prior criminal
conviction of the relative or any adult member of the
relative's household for any of the following offenses under
the Criminal Code of 1961 or the Criminal Code of 2012:
(1) murder;
(1.1) solicitation of murder;
(1.2) solicitation of murder for hire;
(1.3) intentional homicide of an unborn child;
(1.4) voluntary manslaughter of an unborn child;
(1.5) involuntary manslaughter;
(1.6) reckless homicide;
(1.7) concealment of a homicidal death;
(1.8) involuntary manslaughter of an unborn child;
(1.9) reckless homicide of an unborn child;
(1.10) drug-induced homicide;
(2) a sex offense under Article 11, except offenses
described in Sections 11-7, 11-8, 11-12, 11-13, 11-35,
11-40, and 11-45;
(3) kidnapping;
(3.1) aggravated unlawful restraint;
(3.2) forcible detention;
(3.3) aiding and abetting child abduction;
(4) aggravated kidnapping;
(5) child abduction;

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(6) aggravated battery of a child as described in
Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
(7) criminal sexual assault;
(8) aggravated criminal sexual assault;
(8.1) predatory criminal sexual assault of a child;
(9) criminal sexual abuse;
(10) aggravated sexual abuse;
(11) heinous battery as described in Section 12-4.1 or
subdivision (a)(2) of Section 12-3.05;
(12) aggravated battery with a firearm as described in
Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
(e)(4) of Section 12-3.05;
(13) tampering with food, drugs, or cosmetics;
(14) drug-induced infliction of great bodily harm as
described in Section 12-4.7 or subdivision (g)(1) of
Section 12-3.05;
(15) aggravated stalking;
(16) home invasion;
(17) vehicular invasion;
(18) criminal transmission of HIV;
(19) criminal abuse or neglect of an elderly person or
person with a disability as described in Section 12-21 or
subsection (b) of Section 12-4.4a;
(20) child abandonment;
(21) endangering the life or health of a child;
(22) ritual mutilation;

SB3308 - 51 - LRB103 39256 KTG 69408 b
(23) ritualized abuse of a child;
(24) an offense in any other state the elements of
which are similar and bear a substantial relationship to
any of the foregoing offenses.
For the purpose of this subsection, "relative" has the
meaning ascribed to that term in Section 2.36 of the Child Care
Act of 1969. An eligible relative with whom a child is placed
in accordance with this subsection may, but is not required
to, apply for certification as a kinship caregiver home in
accordance with Section 3.4 of the Child Care Act of 1969;
however, as of July 1, 2024, kinship caregiver payments shall
be made to kinship caregiver homes as provided under Section 5
of this Act. shall include any person, 21 years of age or over,
other than the parent, who (i) is currently related to the
child in any of the following ways by blood or adoption:
grandparent, sibling, great-grandparent, parent's sibling,
sibling's child, first cousin, second cousin, godparent, or
grandparent's sibling; or (ii) is the spouse of such a
relative; or (iii) is the child's step-parent, or adult
step-sibling; or (iv) is a fictive kin; "relative" also
includes a person related in any of the foregoing ways to a
sibling of a child, even though the person is not related to
the child, when the child and the child's sibling are placed
together with that person. For children who have been in the
guardianship of the Department, have been adopted, and are
subsequently returned to the temporary custody or guardianship

SB3308 - 52 - LRB103 39256 KTG 69408 b
of the Department, a "relative" may also include any person
who would have qualified as a relative under this paragraph
prior to the adoption, but only if the Department determines,
and documents, that it would be in the child's best interests
to consider this person a relative, based upon the factors for
determining best interests set forth in subsection (4.05) of
Section 1-3 of the Juvenile Court Act of 1987. A relative with
whom a child is placed pursuant to this subsection may, but is
not required to, apply for licensure as a foster family home
pursuant to the Child Care Act of 1969; provided, however,
that as of July 1, 1995, foster care payments shall be made
only to licensed foster family homes pursuant to the terms of
Section 5 of this Act.
Notwithstanding any other provision under this subsection
to the contrary, a fictive kin with whom a child is placed
pursuant to this subsection shall apply for licensure as a
foster family home pursuant to the Child Care Act of 1969
within 6 months of the child's placement with the fictive kin.
The Department shall not remove a child from the home of a
fictive kin on the basis that the fictive kin fails to apply
for licensure within 6 months of the child's placement with
the fictive kin, or fails to meet the standard for licensure.
All other requirements established under the rules and
procedures of the Department concerning the placement of a
child, for whom the Department is legally responsible, with a
relative shall apply. By June 1, 2015, the Department shall

SB3308 - 53 - LRB103 39256 KTG 69408 b
promulgate rules establishing criteria and standards for
placement, identification, and licensure of fictive kin.
For purposes of this subsection, "fictive kin" means any
individual, unrelated by birth or marriage, who:
(i) is shown to have significant and close personal or
emotional ties with the child or the child's family prior
to the child's placement with the individual; or
(ii) is the current foster parent of a child in the
custody or guardianship of the Department pursuant to this
Act and the Juvenile Court Act of 1987, if the child has
been placed in the home for at least one year and has
established a significant and family-like relationship
with the foster parent, and the foster parent has been
identified by the Department as the child's permanent
connection, as defined by Department rule.
The provisions added to this subsection (b) by Public Act
98-846 shall become operative on and after June 1, 2015.
(c) In placing a child under this Act, the Department
shall ensure that the child's health, safety, and best
interests are met. In rejecting placement of a child with an
identified relative, the Department shall (i) ensure that the
child's health, safety, and best interests are met, (ii)
inform the identified relative of the relative's rights under
Section 1-5 of the Juvenile Court Act of 1987, (iii) report
that the Department rejected the relative placement to the
court in accordance with the requirements of Section 2-28 of

SB3308 - 54 - LRB103 39256 KTG 69408 b
the Juvenile Court Act of 1987, and report the reason for
denial in accordance with Section 50. In evaluating the best
interests of the child, the Department shall take into
consideration the factors set forth in subsection (4.05) of
Section 1-3 of the Juvenile Court Act of 1987.
The Department shall consider the individual needs of the
child and the capacity of the relative, kinship caregivers, or
prospective foster or adoptive parents to meet the needs of
the child. When a child must be placed outside the child's home
and cannot be immediately returned to the child's parents or
guardian, a comprehensive, individualized assessment shall be
performed of that child at which time the needs of the child
shall be determined. Only if race, color, or national origin
is identified as a legitimate factor in advancing the child's
best interests shall it be considered. Race, color, or
national origin shall not be routinely considered in making a
placement decision. The Department shall make special efforts
for the diligent recruitment of potential foster and adoptive
families that reflect the ethnic and racial diversity of the
children for whom foster and adoptive homes are needed.
"Special efforts" shall include contacting and working with
community organizations and religious organizations and may
include contracting with those organizations, utilizing local
media and other local resources, and conducting outreach
activities.
(c-1) At the time of placement, the Department shall

SB3308 - 55 - LRB103 39256 KTG 69408 b
consider concurrent planning, as described in subsection (l-1)
of Section 5, so that permanency may occur at the earliest
opportunity. Consideration should be given so that if
reunification fails or is delayed, the placement made is the
best available placement to provide permanency for the child.
To the extent that doing so is in the child's best interests as
set forth in subsection (4.05) of Section 1-3 of the Juvenile
Court Act of 1987, the Department should consider placements
that will permit the child to maintain a meaningful
relationship with the child's parents.
(d) The Department may accept gifts, grants, offers of
services, and other contributions to use in making special
recruitment efforts.
(e) The Department in placing children in relative,
kinship caregiver, adoptive, or foster care homes may not, in
any policy or practice relating to the placement of children
for adoption or foster care, discriminate against any child or
prospective caregiver adoptive or foster parent on the basis
of race.
(Source: P.A. 103-22, eff. 8-8-23.)
(20 ILCS 505/7.3)
Sec. 7.3. Placement plan. The Department shall develop and
implement a written plan for placing children. The plan shall
include at least the following features:
(1) A plan for recruiting minority adoptive and foster

SB3308 - 56 - LRB103 39256 KTG 69408 b
families. The plan shall include strategies for using
existing resources in minority communities, use of
minority outreach staff whenever possible, use of minority
foster homes for placements after birth and before
adoption, and other techniques as appropriate.
(2) A plan for training adoptive and foster families
of minority children.
(3) A plan for employing social workers in adoption
and foster care. The plan shall include staffing goals and
objectives.
(4) A plan for ensuring that adoption and foster care
workers attend training offered or approved by the
Department regarding the State's goal of encouraging
cultural diversity and the needs of special needs
children.
(5) A plan that includes policies and procedures for
determining for each child requiring placement outside of
the child's home, and who cannot be immediately returned
to the child's parents or guardian, the placement needs of
that child. In the rare instance when an individualized
assessment identifies, documents, and substantiates that
race, color, or national origin is a factor that needs to
be considered in advancing a particular child's best
interests, it shall be considered in making a placement.
(6) A plan for improving the certification of relative
homes as kinship caregiver homes, including establishing

SB3308 - 57 - LRB103 39256 KTG 69408 b
and expanding access to a kinship navigator, providing an
effective process for ensuring relatives are informed of
the benefits of kinship caregiver home certification under
Section 3.4 of the Child Care Act of 1969, and tailoring
kinship caregiver home certification standards that are
appropriately distinct from foster home licensure
standards.
Beginning July 1, 2025 and every 3 years thereafter, the
plans required under this Section 7.3 shall be evaluated by
the Department and revised based on the findings of that
evaluation.
(Source: P.A. 103-22, eff. 8-8-23.)
(20 ILCS 505/50 new)
Sec. 50. Annual reports regarding relative and kinship
care placements. Beginning January 1, 2025, and annually
thereafter, the Department shall post on its website data from
the preceding State fiscal year regarding:
(1) the number of youth in care who exited to
permanency through guardianship specifying the length of
stay in out-of-home care or whether the type of
guardianship was private guardianship and subsidized for
each case;
(2) number of youth with the permanency goal of
guardianship, adoption, and with the concurrent goals of
guardianship and adoption;

SB3308 - 58 - LRB103 39256 KTG 69408 b
(3) the number of youth in care placed in non-relative
licensed care who exited non-relative care for placement
in either a relative home as defined in 2.38 of the Child
Care Act of 1969 or a kinship caregiver home as defined in
Section 2.37 of the Child Care Act of 1969;
(4) the number of homes that successfully became a
kinship caregiver home in accordance with Section 3.4 of
the Child Care Act of 1969;
(5) the number of youth in care who had been placed in
relative care who exited relative placement for placement
in non-related licensed care during the State fiscal year
and the placement disruption reason;
(6) the number of homes assessed by the Department for
certification as a kinship caregiver home in accordance
with Section 3.4 of the Child Care Act of 1969 that the
Department did not certify, the reason or reasons the
Department did not certify those homes for the designation
as a kinship caregiver home, and whether the youth who
would have been placed in that kinship caregiver home were
placed or remained in non-relative licensed care
placement. Data regarding the reason certification did not
occur shall include and indicate that a relative elected
not to complete the certification because the relative
identified the certification process to be onerous;
(7) the number of waivers that the Department granted
and denied for the permissible circumstances defined in

SB3308 - 59 - LRB103 39256 KTG 69408 b
the Department rules for placements with relative and
kinship caregivers; and
(8) the number of appeals of the Department's
decisions not to place a child with a relative as
permitted under subsection (b) of Section 7 and the number
of those appeals that were overturned and affirmed. For
data related to each appeal, the Department shall indicate
whether the child resides in a licensed non-relative
placement or in the home of a relative at the time of the
appeal, the reason for the Department's denial of the
placement with the relative, and the outcome associated
with each appeal.
The Department shall include a description of the
methodology the Department used to collect the information for
paragraphs (1) through (8), indicate whether the Department
had any difficulties collecting the information, and indicate
whether there are concerns about the validity of the
information. If any of the data elements required to be
disclosed under this Section could reveal a youth's identity
if revealed in combination with all the identifying
information due to small sample size, the Department shall
exclude the data elements that could be used to identify the
youth so that the data can be included as part of a larger
sample and report that the data was excluded for this reason.
(20 ILCS 505/55 new)

SB3308 - 60 - LRB103 39256 KTG 69408 b
Sec. 55. Performance audits. One year after the effective
date of this amendatory Act of the 103rd General Assembly, the
Auditor General shall commence a performance audit of the
Department to determine whether the Department is meeting the
requirements established by this amendatory Act of the 103rd
General Assembly under Sections 4d, 5, 6a, 7, 7.3, 50, and 55
of this Act, Sections 2.17, 2.36, 2.37, 2.38, 2.39, 3.4, 4,
4.3, 7.3, and 7.4 of the Child Care Act of 1969, Sections 1-3,
1-5, 2-9, 2-10, 2-13, 2-21, 2-22, 2-23, 2-27, and 2-28 of the
Juvenile Court Act of 1987, and Section 15.1 of the Adoption
Act. Within 2 years after the audit's release, the Auditor
General shall commence a follow-up performance audit to
determine whether the Department has implemented the
recommendations contained in the initial performance audit.
Upon completion of each audit, the Auditor General shall
report its findings to the General Assembly. The Auditor
General's reports shall include any issues or deficiencies and
recommendations. The audits required by this Section shall be
in accordance with and subject to the Illinois State Auditing
Act.
Section 10. The Child Care Act of 1969 is amended by
changing Sections 2.05, 2.17, 2.35, 4, 5, 4.3, and 7.3 and by
adding Sections 2.36, 2.37, 2.38, 2.39, 3.4, and 7.4 as
follows:

SB3308 - 61 - LRB103 39256 KTG 69408 b
(225 ILCS 10/2.05) (from Ch. 23, par. 2212.05)
Sec. 2.05. "Facility for child care" or "child care
facility" means any person, group of persons, agency,
association, organization, corporation, institution, center,
or group, whether established for gain or otherwise, who or
which receives or arranges for care or placement of one or more
children, unrelated to the operator of the facility, apart
from the parents, with or without the transfer of the right of
custody in any facility as defined in this Act, established
and maintained for the care of children. "Child care facility"
includes a relative, as defined in Section 2.36 2.17 of this
Act, who is licensed as a foster family home under Section 4 of
this Act.
(Source: P.A. 98-804, eff. 1-1-15.)
(225 ILCS 10/2.17) (from Ch. 23, par. 2212.17)
Sec. 2.17. "Foster family home" means the home of an
individual or family:
(1) that is licensed or approved by the state in which it
is situated as a foster family home that meets the standards
established for the licensing or approval; and
(2) in which a child in foster care has been placed in the
care of an individual who resides with the child and who has
been licensed or approved by the state to be a foster parent
and:
(A) who the Department of Children and Family Services

SB3308 - 62 - LRB103 39256 KTG 69408 b
deems capable of adhering to the reasonable and prudent
parent standard;
(B) who provides 24-hour substitute care for children
placed away from their parents or other caretakers; and
(3) who provides the care for no more than 6 children,
except the Director of Children and Family Services, pursuant
to Department regulations, may waive the numerical limitation
of foster children who may be cared for in a foster family home
for any of the following reasons to allow: (i) a parenting
youth in foster care to remain with the child of the parenting
youth; (ii) siblings to remain together; (iii) a child with an
established meaningful relationship with the family to remain
with the family; or (iv) a family with special training or
skills to provide care to a child who has a severe disability.
The family's or relative's own children, under 18 years of
age, shall be included in determining the maximum number of
children served.
For purposes of this Section, a "relative" includes any
person, 21 years of age or over, other than the parent, who (i)
is currently related to the child in any of the following ways
by blood or adoption: grandparent, sibling, great-grandparent,
uncle, aunt, nephew, niece, first cousin, great-uncle, or
great-aunt; or (ii) is the spouse of such a relative; or (iii)
is a child's step-father, step-mother, or adult step-brother
or step-sister; or (iv) is a fictive kin; "relative" also
includes a person related in any of the foregoing ways to a

SB3308 - 63 - LRB103 39256 KTG 69408 b
sibling of a child, even though the person is not related to
the child, when the child and its sibling are placed together
with that person. For purposes of placement of children
pursuant to Section 7 of the Children and Family Services Act
and for purposes of licensing requirements set forth in
Section 4 of this Act, for children under the custody or
guardianship of the Department pursuant to the Juvenile Court
Act of 1987, after a parent signs a consent, surrender, or
waiver or after a parent's rights are otherwise terminated,
and while the child remains in the custody or guardianship of
the Department, the child is considered to be related to those
to whom the child was related under this Section prior to the
signing of the consent, surrender, or waiver or the order of
termination of parental rights.
The term "foster family home" includes homes receiving
children from any State-operated institution for child care;
or from any agency established by a municipality or other
political subdivision of the State of Illinois authorized to
provide care for children outside their own homes. The term
"foster family home" does not include an "adoption-only home"
as defined in Section 2.23, a "kinship caregiver home" as
defined in Section 2.37, or a "relative home" as defined in
Section 2.38 of this Act. The types of foster family homes are
defined as follows:
(a) "Boarding home" means a foster family home which
receives payment for regular full-time care of a child or

SB3308 - 64 - LRB103 39256 KTG 69408 b
children.
(b) "Free home" means a foster family home other than
an adoptive home which does not receive payments for the
care of a child or children.
(c) "Adoptive home" means a foster family home which
receives a child or children for the purpose of adopting
the child or children, but does not include an
adoption-only home.
(d) "Work-wage home" means a foster family home which
receives a child or children who pay part or all of their
board by rendering some services to the family not
prohibited by the Child Labor Law or by standards or
regulations of the Department prescribed under this Act.
The child or children may receive a wage in connection
with the services rendered the foster family.
(e) "Agency-supervised home" means a foster family
home under the direct and regular supervision of a
licensed child welfare agency, of the Department of
Children and Family Services, of a circuit court, or of
any other State agency which has authority to place
children in child care facilities, and which receives no
more than 6 8 children, unless of common parentage, who
are placed and are regularly supervised by one of the
specified agencies.
(f) "Independent home" means a foster family home,
other than an adoptive home, which receives no more than 4

SB3308 - 65 - LRB103 39256 KTG 69408 b
children, unless of common parentage, directly from
parents, or other legally responsible persons, by
independent arrangement and which is not subject to direct
and regular supervision of a specified agency except as
such supervision pertains to licensing by the Department.
(g) "Host home" means an emergency foster family home
under the direction and regular supervision of a licensed
child welfare agency, contracted to provide short-term
crisis intervention services to youth served under the
Comprehensive Community-Based Youth Services program,
under the direction of the Department of Human Services.
The youth shall not be under the custody or guardianship
of the Department pursuant to the Juvenile Court Act of
1987.
(Source: P.A. 102-688, eff. 7-1-22; 103-564, eff. 11-17-23.)
(225 ILCS 10/2.35)
Sec. 2.35. Qualified residential treatment program.
"Qualified residential treatment program" means a program
that:
(1) has a trauma-informed treatment model that is
designed to address the needs, including clinical needs as
appropriate, of children with serious emotional or
behavioral disorders or disturbances and, with respect to
a child, is able to implement the treatment identified for
the child by the assessment of the child required under 42

SB3308 - 66 - LRB103 39256 KTG 69408 b
U.S.C. 675a(c);
(2) whether by acquisition of direct employment or
otherwise, has registered or licensed nursing staff and
other licensed clinical staff who:
(A) provide care within the scope of their
practice as defined by law;
(B) are located on-site; and
(C) are available 24 hours a day, 7 days a week;
(3) to the extent appropriate, and in accordance with
the child's best interests, facilitates participation of
family members in the child's treatment program;
(4) facilitates outreach to the family members of the
child, including siblings, documents how the outreach is
made, including contact information, and maintains contact
information for any known biological family and fictive
kin of the child;
(5) documents how family members are integrated into
the treatment process for the child, including
post-discharge, and how sibling connections are
maintained;
(6) provides discharge planning and family-based
aftercare support for at least 6 months post-discharge;
and
(7) is licensed in accordance with this Act and is
accredited by any of the following independent,
not-for-profit organizations:

SB3308 - 67 - LRB103 39256 KTG 69408 b
(A) the Commission on Accreditation of
Rehabilitation Facilities;
(B) the Joint Commission;
(C) the Council on Accreditation; or
(D) any other independent, not-for-profit
accrediting organization approved by the Secretary of
Health and Human Services as described in 42 U.S.C.
672 (k)(4).
(Source: P.A. 103-564, eff. 11-17-23.)
(225 ILCS 10/2.36 new)
Sec. 2.36. Kinship caregiver. "Kinship caregiver" means a
person responsible for the care and supervision of a child
placed by the Department, other than the parent, who is a
relative. As used in this definition, "relative" means a
person who is: (i) related to a child by blood, marriage,
tribal custom, adoption, or to a child's sibling in any of the
foregoing ways, even though the person is not related to the
child, when the child and the child's sibling are placed
together with that person or (ii) shown to have significant
and close personal or emotional ties with the child or the
child's family prior to the child's placement with the person.
For children who have been in the guardianship of the
Department following the termination of their parents'
parental rights, been adopted or placed in subsidized or
unsubsidized guardianship, and are subsequently returned to

SB3308 - 68 - LRB103 39256 KTG 69408 b
the temporary custody or guardianship of the Department, a
"relative" shall include any person who would have qualified
as a relative under this Section prior to the termination of
the parents' parental rights if the Department determines, and
documents, or the court finds that it would be in the child's
best interests to consider this person a relative, based upon
the factors for determining best interests set forth in
subsection (4.05) of Section 1-3 of the Juvenile Court Act of
1987.
(225 ILCS 10/2.37 new)
Sec. 2.37. Kinship caregiver home. "Kinship caregiver
home" means a placement resource certified by the Department
as a kinship caregiver home under Section 3.4, which is
eligible to receive payments from the Department under State
or federal law for room and board for a child placed with a
kinship caregiver.
(225 ILCS 10/2.38 new)
Sec. 2.38. Relative home. "Relative home" means a home of
a relative that is not a foster family home or a kinship
caregiver home but provides care to a child placed by the
Department who is a relative of a household member of the
relative's home. As used in this definition, "relative" means
a person who is: (i) related to a child by blood, marriage,
tribal custom, adoption, or to a child's sibling in any of the

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foregoing ways, even though the person is not related to the
child, when the child and the child's sibling are placed
together with that person or (ii) shown to have significant
and close personal or emotional ties with the child or the
child's family prior to the child's placement with the person.
For children who have been in the guardianship of the
Department following the termination of their parents'
parental rights, been adopted or placed in subsidized or
unsubsidized guardianship, and are subsequently returned to
the temporary custody or guardianship of the Department, a
"relative" shall include any person who would have qualified
as a relative under this Section prior to the termination of
the parents' parental rights if the Department determines, and
documents, or the court finds that it would be in the child's
best interests to consider the person a relative, based upon
the factors for determining best interests set forth in
subsection (4.05) of Section 1-3 of the Juvenile Court Act of
1987.
(225 ILCS 10/2.39 new)
Sec. 2.39. Post-placement support services for subsidized
and unsubsidized guardianship placements. "Post-placement
support services for subsidized and unsubsidized guardianship
placements" means services for children, and their guardians,
who are involved in subsidized and unsubsidized guardianship
placement cases. These services include, but are not limited

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to, counseling for the children's emotional, behavioral, or
developmental needs.
(225 ILCS 10/3.4 new)
Sec. 3.4. Certification standards for kinship caregiver
homes.
(a) Consistent with Sections 471(a)(10) and 474 of Title
IV-E of the Social Security Act, Public Law 115-123, and 88 FR
66700 amending 45 CFR 1355.20 and 1356.21(m), the Department
shall adopt standards for certifying kinship caregiver family
homes that are different from licensing standards used for
non-relative foster family homes under Section 4. The
standards shall align with the recommendation of the U.S.
Department of Health and Human Services' Administration for
Children and Families for implementation of Sections
471(a)(10), (11), (20), and 474 of Title IV-E of the Social
Security Act, such that the certification requirements for
kinship caregiver home standards are no more restrictive than,
and are reasonably in accordance with, recommended standards
of national organizations for relative family homes related to
admission policies, safety, sanitation, protection of civil
rights, and use of the reasonable and prudent parenting
standard under section 471(a)(10)(A) of Title IV-E of the
Social Security Act, and that kinship caregiver homes fully
meet, but do not exceed the federal requirements for criminal
background screening under Section 471(a)(20) of Title IV-E of

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the Social Security Act.
A guiding premise for these standards is that foster care
maintenance payments for every relative, starting upon
placement, regardless of federal reimbursement, are critical
to ensure that the basic needs and well-being of all children
in foster care are being met. If an agency has determined that
the child is safe in the relative home, the relative caregiver
should immediately be provided adequate support to care for
that child. Payments used for a relative to support the child
shall never be used as an incentive or punishment for
activities such as completing paperwork and attending
meetings. The Department shall review foster care maintenance
payments to ensure that children receive the same amount of
foster care maintenance payments whether placed in a kinship
caregiver home or a licensed foster family home.
No later than July 1, 2024, the Department must prescribe
and publish minimum certification standards for kinship
caregiver homes used by and under the direct supervision of
the Department consistent with the requirements of this Act.
In developing rules, the Department shall solicit and
incorporate feedback from relative caregivers. No later than
60 days after the effective date of this amendatory Act of the
103rd General Assembly, the Department shall begin soliciting
input from relatives who are currently or have recently been
caregivers to youth in care to develop the rules and
procedures to effectuate the requirements of this Section. The

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Department shall solicit this input in a manner convenient for
caregivers to participate, including without limitation,
in-person convenings at after hours and weekend venues,
locations that provide child care, and modalities that are
accessible and welcoming to new and experienced relative
caregivers from all regions of the State.
The Department shall permit, but shall not require,
prospective kinship caregivers who do not yet have eligible
children placed by the Department in the relative's home to
commence the kinship caregiver home certification process
under this Section before a child is placed by the Department
if the prospective kinship caregiver prefers to begin this
process in advance of an identified child being placed.
(b) In order to certify a kinship caregiver home under
this Section, a licensed child welfare agency shall:
(1) complete a home safety and needs assessment that
is reasonably in accordance with the recommended standards
of national organizations consistent with federal law for
kinship care for evaluating a safe living space and
identifying any necessary concrete goods or safety
modifications for the agency to provide or to assist the
prospective kinship caregiver in meeting the needs of the
child or children;
(2) assess the ability of the prospective kinship
caregiver to care for the physical, emotional, medical,
and educational needs of the child or children in

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accordance with the recommended standards of national
organizations consistent with federal law for kinship
care; and
(3) using a standard background check form consistent
with the model recommended by national organizations for
kinship care, complete a background check for each person
seeking kinship caregiver approval and any other adults
living in the home as required under subsection (c) and
imposing a standard that is no more restrictive than, and
reasonably in accordance with, the recommended standards
of national organizations consistent with federal law for
kinship care.
The Department or licensed child welfare agency may
provide support groups and development opportunities for
kinship caregivers, and other steps to support permanency,
such as offering voluntary training, or concurrent assessments
of multiple kinship caregivers to determine which may be best
suited to provide long-term permanency for a particular child.
However, these shall not be requirements for kinship caregiver
home certification or delay immediate placement and support to
a relative who satisfies the standards set forth in this
Section.
Certification as a kinship caregiver home may be filed on
behalf of such homes by a licensed child welfare agency, by a
State agency authorized to place children in foster care, or
by out-of-state agencies approved by the Department to place

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children in this State. For certifications on behalf of a home
in which children are placed by and remain under supervision
of the applicant agency, such agency shall certify that the
kinship caregiver home, responsible for the care of related
children therein, was found to be in reasonable compliance
with standards prescribed by the Department for kinship
caregiver homes under this Section.
(c) A licensed child welfare agency shall conduct the
following background screening investigation for every
prospective kinship caregiver and adult resident living in the
home:
(1) a name-based State, local, or tribal criminal
background check, and as soon as reasonably possible,
initiate a fingerprint-based background check, consistent
with paragraph (3) of subsection (b);
(2) a review of this State's Central Registry and
registries of any state in which an adult household member
has resided in the last 5 years, if applicable to
determine if the person has been determined to be a
perpetrator in an indicated report of child abuse or
neglect; and
(3) a review of the sex offender registry.
Information concerning criminal convictions of adult
residents of a prospective kinship caregiver home investigated
under this Section, including the source of the information,
State conviction information provided by the Illinois State

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Police, and any conclusions or recommendations derived from
the information, shall be offered to the adult residents of a
prospective kinship caregiver home, and provided, upon
request, to such adult residents of a prospective kinship
caregiver home prior to final action by the Department in the
kinship caregiver home approval process.
Any information concerning criminal charges or the
disposition of such criminal charges obtained by the
Department shall be confidential and may not be transmitted
outside the Department, except as required herein, and may not
be transmitted to anyone within the Department except as
needed for the purpose of evaluating a relative home or for
certification of a kinship caregiver home. Information
concerning an adult resident of a prospective relative or
kinship caregiver home obtained by the Department for the
purposes of paragraph (2) of this subsection shall be
confidential and exempt from public inspection and copying as
provided under Section 7 of the Freedom of Information Act,
and such information shall not be transmitted outside the
Department, except as provided in the Abused and Neglected
Child Reporting Act, and shall not be transmitted to anyone
within the Department except as provided in the Abused and
Neglected Child Reporting Act, and shall not be transmitted to
anyone within the Department except as needed for the purposes
of evaluating homes. Any employee of the Department, Illinois
State Police, or a licensed child welfare agency receiving

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confidential information under this Section who gives or
causes to be given any confidential information concerning any
criminal convictions or child abuse or neglect reports
involving an adult resident of a prospective relative or
kinship caregiver home, shall be guilty of a Class A
misdemeanor unless release of such information is authorized
by this Section or Section 11.1 of the Abused and Neglected
Child Reporting Act. Only information and standards which bear
a reasonable and rational relation to the caretaking capacity
of the prospective relative or kinship caregiver home shall be
used by the Department or licensed child welfare agency.
No kinship caregiver home may be certified by the
Department if any prospective caregivers or adult residents in
the home refuse to authorize a background screening
investigation as required by this Section. In accordance with
federal law, the Department shall not approve a relative or
kinship caregiver home if the caregiver's background screening
reveals: (i) a felony conviction for child abuse or neglect,
spousal abuse, crimes against a child, including child
pornography, or a crime of rape, sexual assault, or homicide;
or (ii) a felony conviction in the last 5 years for physical
assault, battery, or a drug-related offense. If a kinship
caregiver or any other adult in the home was convicted of a
crime other than those automatically disqualifying offenses
listed in this subsection, the agency should assess the impact
that the criminal history has on the prospective kinship

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caregiver's ability to parent the child and consider the type
of crime, the number of crimes, the nature of the offense, the
age of the prospective kinship caregiver at the time of the
crime, the length of time that has elapsed since the last
conviction, and any evidence of rehabilitation in determining
the approval decision.
(d) If the licensed child welfare agency is contemplating
denying certification of a kinship caregiver home, the
licensed child welfare agency shall provide a written notice
in the prospective kinship caregiver's primary language to
each prospective kinship caregiver before the licensed child
welfare agency takes final action to deny the home. This
written notice shall include the specific reason or reasons
the licensed child welfare agency is considering denial, list
actions prospective kinship caregivers can take, if any, to
remedy such conditions and the timeframes in which such
actions would need to be completed, explain reasonable
supports that the licensed child welfare agency can provide to
assist the prospective kinship caregivers in taking remedial
actions and how the prospective kinship caregivers can request
such assistance, and provide the recourse prospective kinship
caregivers can seek to resolve disputes about the licensed
child welfare agency's findings. The licensed child welfare
agency shall provide prospective kinship caregivers reasonable
opportunity pursuant to rulemaking to cure any remediable
deficiencies that the licensed child welfare agency identified

SB3308 - 78 - LRB103 39256 KTG 69408 b
before taking final action to deny approval of a kinship
caregiver home.
If conditions have not been remedied after reasonable
opportunity and assistance to cure identified deficiencies has
been provided, the licensed child welfare agency shall provide
a final written notice explaining the reasons for denying the
kinship caregiver home approval and the appeals process. The
Department shall not prohibit a prospective kinship caregiver
from being reconsidered for approval if the kinship caregivers
are able to demonstrate a change in circumstances that
improves deficient conditions.
(e) The Department shall ensure that relatives and
prospective kinship caregivers are provided with assistance in
completing the steps required for approval as a kinship
caregiver home, including, but not limited to, the following
types of assistance:
(1) completing forms together with the kin or for the
kin, if possible;
(2) obtaining court records or dispositions related to
background checks;
(3) accessing translation services;
(4) using mobile fingerprinting devices in the home,
and if mobile devices are unavailable, providing
assistance scheduling appointments that are accessible and
available at times that fit the household members'
schedules, providing transportation and childcare to allow

SB3308 - 79 - LRB103 39256 KTG 69408 b
the household members to complete fingerprinting
appointments, and contracting with community-based
fingerprinting locations that offer evening and weekend
appointments;
(5) reimbursement or advance payment for the
prospective kinship caregiver to help with reasonable home
maintenance to resolve critical safety issues; and
(6) purchasing required safety or comfort items such
as a car seat or mattress.
(f) Orientation provided to relatives and prospective
kinship caregivers shall include information regarding:
(1) kinship caregivers' right to be heard, to bring a
mandamus action, and to intervene in juvenile court as set
forth under subsection (2) of Section 1-5 of the Juvenile
Court Act of 1987;
(2) the availability of the hotline established under
Section 35.6 of this Act, that kinship caregivers may use
to report incidents of misconduct or violation of rules by
Department employees, service providers, or contractors;
(3) the Department's expectations for caretaking
obligations including, but not limited to, specific
requirements of court orders, critical incident
notifications and timeframes, supervision for the child's
age and needs, out-of-state travel, and procedures to
consent to medical care;
(4) assistance available to the kinship caregivers,

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including child care, respite care, transportation
assistance, case management, training and support groups,
kinship navigator services, financial assistance, and
after hours and weekends 24 hours, 7 days a week emergency
supports;
(5) reasonable and prudent parenting standards;
(6) permanency options; and
(7) kinship caregiver rights and dispute resolution
processes.
Orientation shall be provided in a setting and modality
convenient for the residents of the kinship caregiver home
which shall include the option for one-on-one sessions at the
residence, after business hours, and in the primary language
of the caregivers. Training opportunities shall be offered to
the residents of the kinship caregiver home, but shall not be a
requirement that delays the kinship caregiver home approval
process from being completed.
(g) All child welfare agencies serving relative and
kinship caregiver homes shall be required by the Department to
have complaint policies and procedures that shall be provided
in writing to prospective and current kinship caregivers and
residents of kinship caregiver homes, at the earliest time
possible, and, prior to entering into any written contract or
agreement with the prospective or current kinship caregivers
or residents of those homes. These complaint procedures must
be filed with the Department within 6 months after the

SB3308 - 81 - LRB103 39256 KTG 69408 b
effective date of this amendatory of the 103rd General
Assembly.
(h) The Department shall revise any rules and procedures
pertaining to eligibility of relatives to qualify for State
and federal subsidies and services under the guardianship
assistance program and remove any requirements that exceed the
federal requirements for participation in these programs or
supports to ensure that approved kinship caregiver homes are
deemed eligible for permanency options, such as adoption or
subsidized guardianship, if the child is unable to safely
return to the child's parents.
The Department shall submit any necessary State plan
amendments necessary to comply with this Section and to ensure
Title IV-E reimbursement eligibility under Section
671(a)(20)(A-B) of the Social Security Act can be achieved
expediently. The Department shall differentiate expenditures
related to certified kinship caregivers from licensed care
placements to provide clarity in expenditures of State and
federal monies for kinship caregiver supports.
(225 ILCS 10/4) (from Ch. 23, par. 2214)
Sec. 4. License requirement; application; notice.
(a) Any person, group of persons or corporation who or
which receives children or arranges for care or placement of
one or more children unrelated to the operator must apply for a
license to operate one of the types of facilities defined in

SB3308 - 82 - LRB103 39256 KTG 69408 b
Sections 2.05 through 2.19 and in Section 2.22 of this Act. Any
relative, as defined in Section 2.38 2.17 of this Act, who
receives a child or children for placement by the Department
on a full-time basis shall not be prohibited from applying may
apply for a license to operate a foster family home as defined
in Section 2.17 of this Act if a relative does not wish to
provide care to an eligible child as a relative home as defined
in Section 2.38 or as a kinship caregiver home certified under
Section 3.4 to receive foster care maintenance payments from
the Department for the care provided to an eligible child.
(a-5) Any agency, person, group of persons, association,
organization, corporation, institution, center, or group
providing adoption services must be licensed by the Department
as a child welfare agency as defined in Section 2.08 of this
Act. "Providing adoption services" as used in this Act,
includes facilitating or engaging in adoption services.
(b) Application for a license to operate a child care
facility must be made to the Department in the manner and on
forms prescribed by it. An application to operate a foster
family home shall include, at a minimum: a completed written
form; written authorization by the applicant and all adult
members of the applicant's household to conduct a criminal
background investigation; medical evidence in the form of a
medical report, on forms prescribed by the Department, that
the applicant and all members of the household are free from
communicable diseases or physical and mental conditions that

SB3308 - 83 - LRB103 39256 KTG 69408 b
affect their ability to provide care for the child or
children; the names and addresses of at least 3 persons not
related to the applicant who can attest to the applicant's
moral character; the name and address of at least one relative
who can attest to the applicant's capability to care for the
child or children; and fingerprints submitted by the applicant
and all adult members of the applicant's household.
(b-5) Prior to submitting an application for a foster
family home license, a quality of care concerns applicant as
defined in Section 2.22a of this Act must submit a preliminary
application to the Department in the manner and on forms
prescribed by it. The Department shall explain to the quality
of care concerns applicant the grounds for requiring a
preliminary application. The preliminary application shall
include a list of (i) all children placed in the home by the
Department who were removed by the Department for reasons
other than returning to a parent and the circumstances under
which they were removed and (ii) all children placed by the
Department who were subsequently adopted by or placed in the
private guardianship of the quality of care concerns applicant
who are currently under 18 and who no longer reside in the home
and the reasons why they no longer reside in the home. The
preliminary application shall also include, if the quality of
care concerns applicant chooses to submit, (1) a response to
the quality of care concerns, including any reason the
concerns are invalid, have been addressed or ameliorated, or

SB3308 - 84 - LRB103 39256 KTG 69408 b
no longer apply and (2) affirmative documentation
demonstrating that the quality of care concerns applicant's
home does not pose a risk to children and that the family will
be able to meet the physical and emotional needs of children.
The Department shall verify the information in the preliminary
application and review (i) information regarding any prior
licensing complaints, (ii) information regarding any prior
child abuse or neglect investigations, (iii) information
regarding any involuntary foster home holds placed on the home
by the Department, and (iv) information regarding all child
exit interviews, as provided in Section 5.26 of the Children
and Family Services Act, regarding the home. Foster home
applicants with quality of care concerns are presumed
unsuitable for future licensure.
Notwithstanding the provisions of this subsection (b-5),
the Department may make an exception and issue a foster family
license to a quality of care concerns applicant if the
Department is satisfied that the foster family home does not
pose a risk to children and that the foster family will be able
to meet the physical and emotional needs of children. In
making this determination, the Department must obtain and
carefully review all relevant documents and shall obtain
consultation from its Clinical Division as appropriate and as
prescribed by Department rule and procedure. The Department
has the authority to deny a preliminary application based on
the record of quality of care concerns of the foster family

SB3308 - 85 - LRB103 39256 KTG 69408 b
home. In the alternative, the Department may (i) approve the
preliminary application, (ii) approve the preliminary
application subject to obtaining additional information or
assessments, or (iii) approve the preliminary application for
purposes of placing a particular child or children only in the
foster family home. If the Department approves a preliminary
application, the foster family shall submit an application for
licensure as described in subsection (b) of this Section. The
Department shall notify the quality of care concerns applicant
of its decision and the basis for its decision in writing.
(c) The Department shall notify the public when a child
care institution, maternity center, or group home licensed by
the Department undergoes a change in (i) the range of care or
services offered at the facility, (ii) the age or type of
children served, or (iii) the area within the facility used by
children. The Department shall notify the public of the change
in a newspaper of general circulation in the county or
municipality in which the applicant's facility is or is
proposed to be located.
(d) If, upon examination of the facility and investigation
of persons responsible for care of children and, in the case of
a foster home, taking into account information obtained for
purposes of evaluating a preliminary application, if
applicable, the Department is satisfied that the facility and
responsible persons reasonably meet standards prescribed for
the type of facility for which application is made, it shall

SB3308 - 86 - LRB103 39256 KTG 69408 b
issue a license in proper form, designating on that license
the type of child care facility and, except for a child welfare
agency, the number of children to be served at any one time.
(e) The Department shall not issue or renew the license of
any child welfare agency providing adoption services, unless
the agency (i) is officially recognized by the United States
Internal Revenue Service as a tax-exempt organization
described in Section 501(c)(3) of the Internal Revenue Code of
1986 (or any successor provision of federal tax law) and (ii)
is in compliance with all of the standards necessary to
maintain its status as an organization described in Section
501(c)(3) of the Internal Revenue Code of 1986 (or any
successor provision of federal tax law). The Department shall
grant a grace period of 24 months from the effective date of
this amendatory Act of the 94th General Assembly for existing
child welfare agencies providing adoption services to obtain
501(c)(3) status. The Department shall permit an existing
child welfare agency that converts from its current structure
in order to be recognized as a 501(c)(3) organization as
required by this Section to either retain its current license
or transfer its current license to a newly formed entity, if
the creation of a new entity is required in order to comply
with this Section, provided that the child welfare agency
demonstrates that it continues to meet all other licensing
requirements and that the principal officers and directors and
programs of the converted child welfare agency or newly

SB3308 - 87 - LRB103 39256 KTG 69408 b
organized child welfare agency are substantially the same as
the original. The Department shall have the sole discretion to
grant a one year extension to any agency unable to obtain
501(c)(3) status within the timeframe specified in this
subsection (e), provided that such agency has filed an
application for 501(c)(3) status with the Internal Revenue
Service within the 2-year timeframe specified in this
subsection (e).
(Source: P.A. 101-63, eff. 7-12-19; 102-763, eff. 1-1-23.)
(225 ILCS 10/4.3) (from Ch. 23, par. 2214.3)
Sec. 4.3. Child Abuse and Neglect Reports. All child care
facility license applicants and all current and prospective
employees of a child care facility who have any possible
contact with children in the course of their duties, as a
condition of such licensure or employment, shall authorize in
writing on a form prescribed by the Department an
investigation of the Central Register, as defined in the
Abused and Neglected Child Reporting Act, to ascertain if such
applicant or employee has been determined to be a perpetrator
in an indicated report of child abuse or neglect.
All child care facilities as a condition of licensure
pursuant to this Act shall maintain such information which
demonstrates that all current employees and other applicants
for employment who have any possible contact with children in
the course of their duties have authorized an investigation of

SB3308 - 88 - LRB103 39256 KTG 69408 b
the Central Register as hereinabove required. Only those
current or prospective employees who will have no possible
contact with children as part of their present or prospective
employment may be excluded from provisions requiring
authorization of an investigation.
Such information concerning a license applicant, employee
or prospective employee obtained by the Department shall be
confidential and exempt from public inspection and copying as
provided under Section 7 of The Freedom of Information Act,
and such information shall not be transmitted outside the
Department, except as provided in the Abused and Neglected
Child Reporting Act, and shall not be transmitted to anyone
within the Department except as provided in the Abused and
Neglected Child Reporting Act, and shall not be transmitted to
anyone within the Department except as needed for the purposes
of evaluation of an application for licensure or for
consideration by a child care facility of an employee. Any
employee of the Department of Children and Family Services
under this Section who gives or causes to be given any
confidential information concerning any child abuse or neglect
reports about a child care facility applicant, child care
facility employee, shall be guilty of a Class A misdemeanor,
unless release of such information is authorized by Section
11.1 of the Abused and Neglected Child Reporting Act.
Additionally, any licensee who is informed by the
Department of Children and Family Services, pursuant to

SB3308 - 89 - LRB103 39256 KTG 69408 b
Section 7.4 of the Abused and Neglected Child Reporting Act,
approved June 26, 1975, as amended, that a formal
investigation has commenced relating to an employee of the
child care facility or any other person in frequent contact
with children at the facility, shall take reasonable action
necessary to insure that the employee or other person is
restricted during the pendency of the investigation from
contact with children whose care has been entrusted to the
facility.
When a foster family home is the subject of an indicated
report under the Abused and Neglected Child Reporting Act, the
Department of Children and Family Services must immediately
conduct a re-examination of the foster family home to evaluate
whether it continues to meet the minimum standards for
licensure. The re-examination is separate and apart from the
formal investigation of the report. The Department must
establish a schedule for re-examination of the foster family
home mentioned in the report at least once a year.
When a relative or kinship caregiver home is the subject
of an indicated report under the Abused and Neglected Child
Reporting Act, the Department shall immediately conduct a
re-examination of the relative or kinship caregiver home to
evaluate whether the relative home remains an appropriate
placement or the kinship caregiver home continues to meet the
minimum standards for certification required under Section 3.4
of this Act. The re-examination is separate and apart from the

SB3308 - 90 - LRB103 39256 KTG 69408 b
formal investigation of the report and shall be completed in
the timeframes established by rule.
(Source: P.A. 91-557, eff. 1-1-00.)
(225 ILCS 10/5) (from Ch. 23, par. 2215)
Sec. 5. (a) In respect to child care institutions,
maternity centers, child welfare agencies, day care centers,
day care agencies and group homes, the Department, upon
receiving application filed in proper order, shall examine the
facilities and persons responsible for care of children
therein.
(b) In respect to foster family and day care homes,
applications may be filed on behalf of such homes by a licensed
child welfare agency, by a State agency authorized to place
children in foster care or by out-of-State agencies approved
by the Department to place children in this State. In respect
to day care homes, applications may be filed on behalf of such
homes by a licensed day care agency or licensed child welfare
agency. In applying for license in behalf of a home in which
children are placed by and remain under supervision of the
applicant agency, such agency shall certify that the home and
persons responsible for care of unrelated children therein, or
the home and relatives, as defined in Section 2.36 2.17 of this
Act, responsible for the care of related children therein,
were found to be in reasonable compliance with standards
prescribed by the Department for the type of care indicated.

SB3308 - 91 - LRB103 39256 KTG 69408 b
(c) The Department shall not allow any person to examine
facilities under a provision of this Act who has not passed an
examination demonstrating that such person is familiar with
this Act and with the appropriate standards and regulations of
the Department.
(d) With the exception of day care centers, day care
homes, and group day care homes, licenses shall be issued in
such form and manner as prescribed by the Department and are
valid for 4 years from the date issued, unless revoked by the
Department or voluntarily surrendered by the licensee.
Licenses issued for day care centers, day care homes, and
group day care homes shall be valid for 3 years from the date
issued, unless revoked by the Department or voluntarily
surrendered by the licensee. When a licensee has made timely
and sufficient application for the renewal of a license or a
new license with reference to any activity of a continuing
nature, the existing license shall continue in full force and
effect for up to 30 days until the final agency decision on the
application has been made. The Department may further extend
the period in which such decision must be made in individual
cases for up to 30 days, but such extensions shall be only upon
good cause shown.
(e) The Department may issue one 6-month permit to a newly
established facility for child care to allow that facility
reasonable time to become eligible for a full license. If the
facility for child care is a foster family home, or day care

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home the Department may issue one 2-month permit only.
(f) The Department may issue an emergency permit to a
child care facility taking in children as a result of the
temporary closure for more than 2 weeks of a licensed child
care facility due to a natural disaster. An emergency permit
under this subsection shall be issued to a facility only if the
persons providing child care services at the facility were
employees of the temporarily closed day care center at the
time it was closed. No investigation of an employee of a child
care facility receiving an emergency permit under this
subsection shall be required if that employee has previously
been investigated at another child care facility. No emergency
permit issued under this subsection shall be valid for more
than 90 days after the date of issuance.
(g) During the hours of operation of any licensed child
care facility, authorized representatives of the Department
may without notice visit the facility for the purpose of
determining its continuing compliance with this Act or
regulations adopted pursuant thereto.
(h) Day care centers, day care homes, and group day care
homes shall be monitored at least annually by a licensing
representative from the Department or the agency that
recommended licensure.
(Source: P.A. 98-804, eff. 1-1-15.)
(225 ILCS 10/7.3)

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Sec. 7.3. Children placed by private child welfare agency.
(a) Before placing a child who is a youth in care in a
foster family home, a private child welfare agency must
ascertain (i) whether any other children who are youth in care
have been placed in that home and (ii) whether every such child
who has been placed in that home continues to reside in that
home, unless the child has been transferred to another
placement or is no longer a youth in care. The agency must keep
a record of every other child welfare agency that has placed
such a child in that foster family home; the record must
include the name and telephone number of a contact person at
each such agency.
(b) At least once every 30 days, a private child welfare
agency that places youth in care in relative, kinship
caregiver, or foster family homes must make a site visit to
every such home where it has placed a youth in care. The
purpose of the site visit is to verify that the child continues
to reside in that home and to verify the child's safety and
well-being. The agency must document the verification in its
records. If a private child welfare agency fails to comply
with the requirements of this subsection, the Department must
suspend all payments to the agency until the agency complies.
(c) The Department must periodically (but no less often
than once every 6 months) review the child placement records
of each private child welfare agency that places youth in
care.

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(d) If a child placed in a foster family home is missing,
the foster parent must promptly report that fact to the
Department or to the child welfare agency that placed the
child in the home. If the foster parent fails to make such a
report, the Department shall put the home on hold for the
placement of other children and initiate corrective action
that may include revocation of the foster parent's license to
operate the foster family home. A foster parent who knowingly
and willfully fails to report a missing foster child under
this subsection is guilty of a Class A misdemeanor.
(e) If a private child welfare agency determines that a
youth in care whom it has placed in a relative, kinship
caregiver, or foster family home no longer resides in that
home, the agency must promptly report that fact to the
Department. If the agency fails to make such a report, the
Department shall put the agency on hold for the placement of
other children and initiate corrective action that may include
revocation of the agency's license.
(f) When a child is missing from a relative, kinship
caregiver, or foster home, the Department or private agency in
charge of case management shall report regularly to the
relative, kinship caregiver, or foster parent concerning
efforts to locate the missing child.
(g) The Department must strive to account for the status
and whereabouts of every one of its youth in care who it
determines is not residing in the authorized placement in

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which the youth was placed.
(Source: P.A. 103-22, eff. 8-8-23.)
(225 ILCS 10/7.4)
Sec. 7.4. Disclosures.
(a) Every licensed child welfare agency providing adoption
services shall provide to all prospective clients and to the
public written disclosures with respect to its adoption
services, policies, and practices, including general
eligibility criteria, fees, and the mutual rights and
responsibilities of clients, including birth parents and
adoptive parents. The written disclosure shall be posted on
any website maintained by the child welfare agency that
relates to adoption services. The Department shall adopt rules
relating to the contents of the written disclosures. Eligible
agencies may be deemed compliant with this subsection (a).
(b) Every licensed child welfare agency providing adoption
services shall provide to all applicants, prior to
application, a written schedule of estimated fees, expenses,
and refund policies. Every child welfare agency providing
adoption services shall have a written policy that shall be
part of its standard adoption contract and state that it will
not charge additional fees and expenses beyond those disclosed
in the adoption contract unless additional fees are reasonably
required by the circumstances and are disclosed to the
adoptive parents or parent before they are incurred. The

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Department shall adopt rules relating to the contents of the
written schedule and policy. Eligible agencies may be deemed
compliant with this subsection (b).
(c) Every licensed child welfare agency providing adoption
services must make full and fair disclosure to its clients,
including birth parents and adoptive parents, of all
circumstances material to the placement of a child for
adoption. The Department shall adopt rules necessary for the
implementation and regulation of the requirements of this
subsection (c).
(c-5) Whenever a licensed child welfare agency places a
child in a relative, kinship caregiver, or licensed foster
family home or an adoption-only home, the agency shall provide
the following to the caregiver caretaker or prospective
adoptive parent:
(1) Available detailed information concerning the
child's educational and health history, copies of
immunization records (including insurance and medical card
information), a history of the child's previous
placements, if any, and reasons for placement changes,
excluding any information that identifies or reveals the
location of any previous caretaker.
(2) A copy of the child's portion of the client
service plan, including any visitation arrangement, and
all amendments or revisions to it as related to the child.
(3) Information containing details of the child's

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individualized educational plan when the child is
receiving special education services.
(4) Any known social or behavioral information
(including, but not limited to, criminal background, fire
setting, perpetration of sexual abuse, destructive
behavior, and substance abuse) necessary to care for and
safeguard the child.
The agency may prepare a written summary of the
information required by this subsection, which may be provided
to the relative, kinship caregiver, or foster or prospective
adoptive parent in advance of a placement. The relative,
kinship caregiver, or foster or prospective adoptive parent
may review the supporting documents in the child's file in the
presence of casework staff. In the case of an emergency
placement, casework staff shall at least provide information
verbally, if necessary, and must subsequently provide the
information in writing as required by this subsection. In the
case of emergency placements when time does not allow prior
review, preparation, and collection of written information,
the agency shall provide such information as it becomes
available.
The Department shall adopt rules necessary for the
implementation and regulation of the requirements of this
subsection (c-5).
(d) Every licensed child welfare agency providing adoption
services shall meet minimum standards set forth by the

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Department concerning the taking or acknowledging of a consent
prior to taking or acknowledging a consent from a prospective
birth parent. The Department shall adopt rules concerning the
minimum standards required by agencies under this Section.
(Source: P.A. 103-22, eff. 8-8-23.)
Section 15. The Juvenile Court Act of 1987 is amended by
changing Sections 1-3, 1-5, 2-9, 2-10, 2-13, 2-21, 2-22, 2-23,
2-27, and 2-28 as follows:
(705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
Sec. 1-3. Definitions. Terms used in this Act, unless the
context otherwise requires, have the following meanings
ascribed to them:
(1) "Adjudicatory hearing" means a hearing to determine
whether the allegations of a petition under Section 2-13,
3-15, or 4-12 that a minor under 18 years of age is abused,
neglected, or dependent, or requires authoritative
intervention, or addicted, respectively, are supported by a
preponderance of the evidence or whether the allegations of a
petition under Section 5-520 that a minor is delinquent are
proved beyond a reasonable doubt.
(2) "Adult" means a person 21 years of age or older.
(3) "Agency" means a public or private child care facility
legally authorized or licensed by this State for placement or
institutional care or for both placement and institutional

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care.
(4) "Association" means any organization, public or
private, engaged in welfare functions which include services
to or on behalf of children but does not include "agency" as
herein defined.
(4.05) Whenever a "best interest" determination is
required, the following factors shall be considered in the
context of the child's age and developmental needs:
(a) the physical safety and welfare of the child,
including food, shelter, health, and clothing;
(b) the development of the child's identity;
(c) the child's background and ties, including
familial, cultural, and religious;
(d) the child's sense of attachments, including:
(i) where the child actually feels love,
attachment, and a sense of being valued (as opposed to
where adults believe the child should feel such love,
attachment, and a sense of being valued);
(ii) the child's sense of security;
(iii) the child's sense of familiarity;
(iv) continuity of affection for the child;
(v) the least disruptive placement alternative for
the child;
(e) the child's wishes and long-term goals;
(f) the child's community ties, including church,
school, and friends;

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(g) the child's need for permanence which includes the
child's need for stability and continuity of relationships
with parent figures, and with siblings, and other
relatives;
(h) the uniqueness of every family and child;
(i) the risks attendant to entering and being in
substitute care; and
(j) the preferences of the persons available to care
for the child; .
(k) whenever a "best interest" determination regarding
permanency is required, the following factors in addition
to those set forth in part (j) shall be prioritized:
(i) whether the child is old enough to have
knowledge of the family members the child was
separated from at removal;
(ii) the child's wishes regarding available
permanency options, and desire to maintain connections
with the child's parents and other relatives;
(iii) due weight to the parent's preference in
placement and in permanency options;
(iv) relative or kinship caregivers' willingness
to work with the child's parents in support of
reunification so long as reunification remains a goal
for the child; and
(v) a relative or kinship caregiver's willingness
to provide permanency to the child, either through

SB3308 - 101 - LRB103 39256 KTG 69408 b
subsidized guardianship or through adoption.
(4.1) "Chronic truant" shall have the definition ascribed
to it in Section 26-2a of the School Code.
(5) "Court" means the circuit court in a session or
division assigned to hear proceedings under this Act.
(6) "Dispositional hearing" means a hearing to determine
whether a minor should be adjudged to be a ward of the court,
and to determine what order of disposition should be made in
respect to a minor adjudged to be a ward of the court.
(6.5) "Dissemination" or "disseminate" means to publish,
produce, print, manufacture, distribute, sell, lease, exhibit,
broadcast, display, transmit, or otherwise share information
in any format so as to make the information accessible to
others.
(7) "Emancipated minor" means any minor 16 years of age or
over who has been completely or partially emancipated under
the Emancipation of Minors Act or under this Act.
(7.03) "Expunge" means to physically destroy the records
and to obliterate the minor's name from any official index,
public record, or electronic database.
(7.05) "Foster parent" includes a relative caregiver
selected by the Department of Children and Family Services to
provide care for the minor.
(8) "Guardianship of the person" of a minor means the duty
and authority to act in the best interests of the minor,
subject to residual parental rights and responsibilities, to

SB3308 - 102 - LRB103 39256 KTG 69408 b
make important decisions in matters having a permanent effect
on the life and development of the minor and to be concerned
with the minor's general welfare. It includes but is not
necessarily limited to:
(a) the authority to consent to marriage, to
enlistment in the armed forces of the United States, or to
a major medical, psychiatric, and surgical treatment; to
represent the minor in legal actions; and to make other
decisions of substantial legal significance concerning the
minor;
(b) the authority and duty of reasonable visitation,
except to the extent that these have been limited in the
best interests of the minor by court order;
(c) the rights and responsibilities of legal custody
except where legal custody has been vested in another
person or agency; and
(d) the power to consent to the adoption of the minor,
but only if expressly conferred on the guardian in
accordance with Section 2-29, 3-30, or 4-27.
(8.1) "Juvenile court record" includes, but is not limited
to:
(a) all documents filed in or maintained by the
juvenile court pertaining to a specific incident,
proceeding, or individual;
(b) all documents relating to a specific incident,
proceeding, or individual made available to or maintained

SB3308 - 103 - LRB103 39256 KTG 69408 b
by probation officers;
(c) all documents, video or audio tapes, photographs,
and exhibits admitted into evidence at juvenile court
hearings; or
(d) all documents, transcripts, records, reports, or
other evidence prepared by, maintained by, or released by
any municipal, county, or State agency or department, in
any format, if indicating involvement with the juvenile
court relating to a specific incident, proceeding, or
individual.
(8.2) "Juvenile law enforcement record" includes records
of arrest, station adjustments, fingerprints, probation
adjustments, the issuance of a notice to appear, or any other
records or documents maintained by any law enforcement agency
relating to a minor suspected of committing an offense, and
records maintained by a law enforcement agency that identifies
a juvenile as a suspect in committing an offense, but does not
include records identifying a juvenile as a victim, witness,
or missing juvenile and any records created, maintained, or
used for purposes of referral to programs relating to
diversion as defined in subsection (6) of Section 5-105.
(9) "Legal custody" means the relationship created by an
order of court in the best interests of the minor which imposes
on the custodian the responsibility of physical possession of
a minor and the duty to protect, train and discipline the minor
and to provide the minor with food, shelter, education, and

SB3308 - 104 - LRB103 39256 KTG 69408 b
ordinary medical care, except as these are limited by residual
parental rights and responsibilities and the rights and
responsibilities of the guardian of the person, if any.
(9.1) "Mentally capable adult relative" means a person 21
years of age or older who is not suffering from a mental
illness that prevents the person from providing the care
necessary to safeguard the physical safety and welfare of a
minor who is left in that person's care by the parent or
parents or other person responsible for the minor's welfare.
(10) "Minor" means a person under the age of 21 years
subject to this Act.
(11) "Parent" means a father or mother of a child and
includes any adoptive parent. It also includes a person (i)
whose parentage is presumed or has been established under the
law of this or another jurisdiction or (ii) who has registered
with the Putative Father Registry in accordance with Section
12.1 of the Adoption Act and whose paternity has not been ruled
out under the law of this or another jurisdiction. It does not
include a parent whose rights in respect to the minor have been
terminated in any manner provided by law. It does not include a
person who has been or could be determined to be a parent under
the Illinois Parentage Act of 1984 or the Illinois Parentage
Act of 2015, or similar parentage law in any other state, if
that person has been convicted of or pled nolo contendere to a
crime that resulted in the conception of the child under
Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14,

SB3308 - 105 - LRB103 39256 KTG 69408 b
12-14.1, subsection (a) or (b) (but not subsection (c)) of
Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or
(f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the
Criminal Code of 1961 or the Criminal Code of 2012, or similar
statute in another jurisdiction unless upon motion of any
party, other than the offender, to the juvenile court
proceedings the court finds it is in the child's best interest
to deem the offender a parent for purposes of the juvenile
court proceedings.
(11.1) "Permanency goal" means a goal set by the court as
defined in subdivision (2) of Section 2-28.
(11.2) "Permanency hearing" means a hearing to set the
permanency goal and to review and determine (i) the
appropriateness of the services contained in the plan and
whether those services have been provided, (ii) whether
reasonable efforts have been made by all the parties to the
service plan to achieve the goal, and (iii) whether the plan
and goal have been achieved.
(12) "Petition" means the petition provided for in Section
2-13, 3-15, 4-12, or 5-520, including any supplemental
petitions thereunder in Section 3-15, 4-12, or 5-520.
(12.1) "Physically capable adult relative" means a person
21 years of age or older who does not have a severe physical
disability or medical condition, or is not suffering from
alcoholism or drug addiction, that prevents the person from
providing the care necessary to safeguard the physical safety

SB3308 - 106 - LRB103 39256 KTG 69408 b
and welfare of a minor who is left in that person's care by the
parent or parents or other person responsible for the minor's
welfare.
(12.2) "Post Permanency Sibling Contact Agreement" has the
meaning ascribed to the term in Section 7.4 of the Children and
Family Services Act.
(12.3) "Residential treatment center" means a licensed
setting that provides 24-hour care to children in a group home
or institution, including a facility licensed as a child care
institution under Section 2.06 of the Child Care Act of 1969, a
licensed group home under Section 2.16 of the Child Care Act of
1969, a qualified residential treatment program under Section
2.35 of the Child Care Act of 1969, a secure child care
facility as defined in paragraph (18) of this Section, or any
similar facility in another state. "Residential treatment
center" does not include a relative foster home or a licensed
foster family home.
(13) "Residual parental rights and responsibilities" means
those rights and responsibilities remaining with the parent
after the transfer of legal custody or guardianship of the
person, including, but not necessarily limited to, the right
to reasonable visitation (which may be limited by the court in
the best interests of the minor as provided in subsection
(8)(b) of this Section), the right to consent to adoption, the
right to determine the minor's religious affiliation, and the
responsibility for the minor's support.

SB3308 - 107 - LRB103 39256 KTG 69408 b
(14) "Shelter" means the temporary care of a minor in
physically unrestricting facilities pending court disposition
or execution of court order for placement.
(14.05) "Shelter placement" means a temporary or emergency
placement for a minor, including an emergency foster home
placement.
(14.1) "Sibling Contact Support Plan" has the meaning
ascribed to the term in Section 7.4 of the Children and Family
Services Act.
(14.2) "Significant event report" means a written document
describing an occurrence or event beyond the customary
operations, routines, or relationships in the Department of
Children of Family Services, a child care facility, or other
entity that is licensed or regulated by the Department of
Children of Family Services or that provides services for the
Department of Children of Family Services under a grant,
contract, or purchase of service agreement; involving children
or youth, employees, foster parents, or relative caregivers;
allegations of abuse or neglect or any other incident raising
a concern about the well-being of a minor under the
jurisdiction of the court under Article II of the Juvenile
Court Act of 1987; incidents involving damage to property,
allegations of criminal activity, misconduct, or other
occurrences affecting the operations of the Department of
Children of Family Services or a child care facility; any
incident that could have media impact; and unusual incidents

SB3308 - 108 - LRB103 39256 KTG 69408 b
as defined by Department of Children and Family Services rule.
(15) "Station adjustment" means the informal handling of
an alleged offender by a juvenile police officer.
(16) "Ward of the court" means a minor who is so adjudged
under Section 2-22, 3-23, 4-20, or 5-705, after a finding of
the requisite jurisdictional facts, and thus is subject to the
dispositional powers of the court under this Act.
(17) "Juvenile police officer" means a sworn police
officer who has completed a Basic Recruit Training Course, has
been assigned to the position of juvenile police officer by
the officer's chief law enforcement officer and has completed
the necessary juvenile officers training as prescribed by the
Illinois Law Enforcement Training Standards Board, or in the
case of a State police officer, juvenile officer training
approved by the Director of the Illinois State Police.
(18) "Secure child care facility" means any child care
facility licensed by the Department of Children and Family
Services to provide secure living arrangements for children
under 18 years of age who are subject to placement in
facilities under the Children and Family Services Act and who
are not subject to placement in facilities for whom standards
are established by the Department of Corrections under Section
3-15-2 of the Unified Code of Corrections. "Secure child care
facility" also means a facility that is designed and operated
to ensure that all entrances and exits from the facility, a
building, or a distinct part of the building are under the

SB3308 - 109 - LRB103 39256 KTG 69408 b
exclusive control of the staff of the facility, whether or not
the child has the freedom of movement within the perimeter of
the facility, building, or distinct part of the building.
(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23;
103-564, eff. 11-17-23.)
(705 ILCS 405/1-5) (from Ch. 37, par. 801-5)
Sec. 1-5. Rights of parties to proceedings.
(1) Except as provided in this Section and paragraph (2)
of Sections 2-22, 3-23, 4-20, 5-610 or 5-705, the minor who is
the subject of the proceeding and the minor's parents,
guardian, legal custodian or responsible relative who are
parties respondent have the right to be present, to be heard,
to present evidence material to the proceedings, to
cross-examine witnesses, to examine pertinent court files and
records and also, although proceedings under this Act are not
intended to be adversary in character, the right to be
represented by counsel. At the request of any party
financially unable to employ counsel, with the exception of a
foster parent permitted to intervene under this Section, the
court shall appoint the Public Defender or such other counsel
as the case may require. Counsel appointed for the minor and
any indigent party shall appear at all stages of the trial
court proceeding, and such appointment shall continue through
the permanency hearings and termination of parental rights
proceedings subject to withdrawal, vacating of appointment, or

SB3308 - 110 - LRB103 39256 KTG 69408 b
substitution pursuant to Supreme Court Rules or the Code of
Civil Procedure. Following the dispositional hearing, the
court may require appointed counsel, other than counsel for
the minor or counsel for the guardian ad litem, to withdraw the
counsel's appearance upon failure of the party for whom
counsel was appointed under this Section to attend any
subsequent proceedings.
No hearing on any petition or motion filed under this Act
may be commenced unless the minor who is the subject of the
proceeding is represented by counsel. Notwithstanding the
preceding sentence, if a guardian ad litem has been appointed
for the minor under Section 2-17 of this Act and the guardian
ad litem is a licensed attorney at law of this State, or in the
event that a court appointed special advocate has been
appointed as guardian ad litem and counsel has been appointed
to represent the court appointed special advocate, the court
may not require the appointment of counsel to represent the
minor unless the court finds that the minor's interests are in
conflict with what the guardian ad litem determines to be in
the best interest of the minor. Each adult respondent shall be
furnished a written "Notice of Rights" at or before the first
hearing at which the adult respondent appears.
(1.5) The Department shall maintain a system of response
to inquiry made by parents or putative parents as to whether
their child is under the custody or guardianship of the
Department; and if so, the Department shall direct the parents

SB3308 - 111 - LRB103 39256 KTG 69408 b
or putative parents to the appropriate court of jurisdiction,
including where inquiry may be made of the clerk of the court
regarding the case number and the next scheduled court date of
the minor's case. Effective notice and the means of accessing
information shall be given to the public on a continuing basis
by the Department.
(2)(a) Though not appointed guardian or legal custodian or
otherwise made a party to the proceeding, any current or
previously appointed foster parent, or relative caregiver,
kinship caregiver, or any prospective relative or kinship
caregiver, or representative of an agency or association
interested in the minor has the right to be heard by the court,
but does not thereby become a party to the proceeding.
In addition to the foregoing right to be heard by the
court, any current foster parent or relative caregiver of a
minor and the agency designated by the court or the Department
of Children and Family Services as custodian of the minor who
is alleged to be or has been adjudicated an abused or neglected
minor under Section 2-3 or a dependent minor under Section 2-4
of this Act has the right to and shall be given adequate notice
at all stages of any hearing or proceeding under this Act.
Any foster parent, or relative caregiver, kinship
caregiver, or any prospective relative caregiver or kinship
caregiver, who is denied the right to be heard under this
Section may bring a mandamus action under Article XIV of the
Code of Civil Procedure against the court or any public agency

SB3308 - 112 - LRB103 39256 KTG 69408 b
to enforce that right. The mandamus action may be brought
immediately upon the denial of those rights but in no event
later than 30 days after the foster parent has been denied the
right to be heard.
(b) If after an adjudication that a minor is abused or
neglected as provided under Section 2-21 of this Act and a
motion has been made to restore the minor to any parent,
guardian, or legal custodian found by the court to have caused
the neglect or to have inflicted the abuse on the minor, a
relative, kinship caregiver, or foster parent may file a
motion to intervene in the proceeding for the sole purpose of
requesting that the minor be placed with the caregiver foster
parent, provided that the caregiver foster parent (i) is the
current caregiver foster parent of the minor or (ii) has
previously been a caregiver foster parent for the minor for
one year or more, has a foster care license or is eligible for
a license or is not required to have a license, and is not the
subject of any findings of abuse or neglect of any child. The
juvenile court may only enter orders placing a minor with a
specific caregiver foster parent under this subsection (2)(b)
and nothing in this Section shall be construed to confer any
jurisdiction or authority on the juvenile court to issue any
other orders requiring the appointed guardian or custodian of
a minor to place the minor in a designated substitute care
foster home or facility. This Section is not intended to
encompass any matters that are within the scope or

SB3308 - 113 - LRB103 39256 KTG 69408 b
determinable under the administrative and appeal process
established by rules of the Department of Children and Family
Services under Section 5(o) of the Children and Family
Services Act. Nothing in this Section shall relieve the court
of its responsibility, under Section 2-14(a) of this Act to
act in a just and speedy manner to reunify families where it is
the best interests of the minor and the child can be cared for
at home without endangering the child's health or safety and,
if reunification is not in the best interests of the minor, to
find another permanent home for the minor. Nothing in this
Section, or in any order issued by the court with respect to
the placement of a minor with a caregiver foster parent, shall
impair the ability of the Department of Children and Family
Services, or anyone else authorized under Section 5 of the
Abused and Neglected Child Reporting Act, to remove a minor
from the home of a caregiver foster parent if the Department of
Children and Family Services or the person removing the minor
has reason to believe that the circumstances or conditions of
the minor are such that continuing in the residence or care of
the caregiver foster parent will jeopardize the child's health
and safety or present an imminent risk of harm to that minor's
life.
(c) If a foster parent, relative, or kinship caregiver has
had the minor who is the subject of the proceeding under
Article II in the foster parent's, relative's, or kinship
caregiver's home for more than one year on or after July 3,

SB3308 - 114 - LRB103 39256 KTG 69408 b
1994 and if the minor's placement is being terminated from
that foster parent's, relative's, or kinship caregiver's home,
that foster parent, relative, or kinship caregiver shall have
standing and intervenor status except in those circumstances
where the Department of Children and Family Services or anyone
else authorized under Section 5 of the Abused and Neglected
Child Reporting Act has removed the minor from the foster
parent, relative, or kinship caregiver because of a reasonable
belief that the circumstances or conditions of the minor are
such that continuing in the residence or care of the foster
parent, relative, or kinship caregiver will jeopardize the
child's health or safety or presents an imminent risk of harm
to the minor's life.
(d) The court may grant standing to any foster parent,
relative, or kinship caregiver if the court finds that it is in
the best interest of the child for the foster parent,
relative, or kinship caregiver to have standing and intervenor
status.
(3) Parties respondent are entitled to notice in
compliance with Sections 2-15 and 2-16, 3-17 and 3-18, 4-14
and 4-15 or 5-525 and 5-530, as appropriate. At the first
appearance before the court by the minor, the minor's parents,
guardian, kinship caregiver, custodian or responsible
relative, the court shall explain the nature of the
proceedings and inform the parties of their rights under the
first 2 paragraphs of this Section.

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If the child is alleged to be abused, neglected or
dependent, the court shall admonish the parents that if the
court declares the child to be a ward of the court and awards
custody or guardianship to the Department of Children and
Family Services, the parents must cooperate with the
Department of Children and Family Services, comply with the
terms of the service plans, and correct the conditions that
require the child to be in care, or risk termination of their
parental rights.
Upon an adjudication of wardship of the court under
Sections 2-22, 3-23, 4-20 or 5-705, the court shall inform the
parties of their right to appeal therefrom as well as from any
other final judgment of the court.
When the court finds that a child is an abused, neglected,
or dependent minor under Section 2-21, the court shall
admonish the parents that the parents must cooperate with the
Department of Children and Family Services, comply with the
terms of the service plans, and correct the conditions that
require the child to be in care, or risk termination of their
parental rights.
When the court declares a child to be a ward of the court
and awards guardianship to the Department of Children and
Family Services under Section 2-22, the court shall admonish
the parents, guardian, custodian, or responsible relative that
the parents must cooperate with the Department of Children and
Family Services, comply with the terms of the service plans,

SB3308 - 116 - LRB103 39256 KTG 69408 b
and correct the conditions that require the child to be in
care, or risk termination of their parental rights.
(4) No sanction may be applied against the minor who is the
subject of the proceedings by reason of the minor's refusal or
failure to testify in the course of any hearing held prior to
final adjudication under Section 2-22, 3-23, 4-20 or 5-705.
(5) In the discretion of the court, the minor may be
excluded from any part or parts of a dispositional hearing
and, with the consent of the parent or parents, guardian,
counsel or a guardian ad litem, from any part or parts of an
adjudicatory hearing.
(6) The general public except for the news media and the
crime victim, as defined in Section 3 of the Rights of Crime
Victims and Witnesses Act, shall be excluded from any hearing
and, except for the persons specified in this Section only
persons, including representatives of agencies and
associations, who in the opinion of the court have a direct
interest in the case or in the work of the court shall be
admitted to the hearing. However, the court may, for the
minor's safety and protection and for good cause shown,
prohibit any person or agency present in court from further
disclosing the minor's identity. Nothing in this subsection
(6) prevents the court from allowing other juveniles to be
present or to participate in a court session being held under
the Juvenile Drug Court Treatment Act.
(7) A party shall not be entitled to exercise the right to

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a substitution of a judge without cause under subdivision
(a)(2) of Section 2-1001 of the Code of Civil Procedure in a
proceeding under this Act if the judge is currently assigned
to a proceeding involving the alleged abuse, neglect, or
dependency of the minor's sibling or half sibling and that
judge has made a substantive ruling in the proceeding
involving the minor's sibling or half sibling.
(Source: P.A. 103-22, eff. 8-8-23.)
(705 ILCS 405/2-9) (from Ch. 37, par. 802-9)
Sec. 2-9. Setting of temporary custody hearing; notice;
release.
(1) Unless sooner released, a minor, as defined in Section
2-3 or 2-4 of this Act, taken into temporary protective
custody must be brought before a judicial officer within 48
hours, exclusive of Saturdays, Sundays, and court-designated
holidays, for a temporary custody hearing to determine whether
the minor shall be further held in custody.
(2) If the probation officer or such other public officer
designated by the court determines that the minor should be
retained in custody, the probation officer or such other
public officer designated by the court shall cause a petition
to be filed as provided in Section 2-13 of this Article, and
the clerk of the court shall set the matter for hearing on the
temporary custody hearing calendar. When a parent, guardian,
custodian, or responsible relative is present and so requests,

SB3308 - 118 - LRB103 39256 KTG 69408 b
the temporary custody hearing shall be held immediately if the
court is in session, otherwise at the earliest feasible time.
The petitioner through counsel or such other public officer
designated by the court shall ensure insure notification to
the minor's parent, guardian, custodian, or responsible
relative of the time and place of the hearing by the best
practicable notice, allowing for oral notice in place of
written notice only if provision of written notice is
unreasonable under the circumstances.
(2.5) If a relative is willing to commit to provide care
for the minor for emergency placement of the minor pending the
temporary custody hearing, the Department has an obligation to
assess the relative home if temporary custody is necessary. If
the primary issue preventing an emergency placement of a minor
with a relative is a lack of resources, including, but not
limited to, concrete goods, safety modifications, and
services, the Department shall make reasonable efforts to
assist the relative in obtaining the necessary resources.
(3) The minor must be released from temporary protective
custody at the expiration of the 48-hour 48 hour period
specified by this Section if not brought before a judicial
officer within that period.
(Source: P.A. 103-22, eff. 8-8-23; revised 9-25-23.)
(705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
Sec. 2-10. Temporary custody hearing. At the appearance of

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the minor before the court at the temporary custody hearing,
all witnesses present shall be examined before the court in
relation to any matter connected with the allegations made in
the petition.
(1) If the court finds that there is not probable cause to
believe that the minor is abused, neglected, or dependent it
shall release the minor and dismiss the petition.
(2) If the court finds that there is probable cause to
believe that the minor is abused, neglected, or dependent, the
court shall state in writing the factual basis supporting its
finding and the minor, the minor's parent, guardian, or
custodian, and other persons able to give relevant testimony
shall be examined before the court. The Department of Children
and Family Services shall give testimony concerning indicated
reports of abuse and neglect, of which they are aware through
the central registry, involving the minor's parent, guardian,
or custodian. After such testimony, the court may, consistent
with the health, safety, and best interests of the minor,
enter an order that the minor shall be released upon the
request of parent, guardian, or custodian if the parent,
guardian, or custodian appears to take custody. If it is
determined that a parent's, guardian's, or custodian's
compliance with critical services mitigates the necessity for
removal of the minor from the minor's home, the court may enter
an Order of Protection setting forth reasonable conditions of
behavior that a parent, guardian, or custodian must observe

SB3308 - 120 - LRB103 39256 KTG 69408 b
for a specified period of time, not to exceed 12 months,
without a violation; provided, however, that the 12-month
period shall begin anew after any violation. "Custodian"
includes the Department of Children and Family Services, if it
has been given custody of the child, or any other agency of the
State which has been given custody or wardship of the child. If
it is consistent with the health, safety, and best interests
of the minor, the court may also prescribe shelter care and
order that the minor be kept in a suitable place designated by
the court or in a shelter care facility designated by the
Department of Children and Family Services or a licensed child
welfare agency; however, 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 of Children and Family Services
by any court, except a minor less than 16 years of age and
committed to the Department of Children and Family Services
under Section 5-710 of this Act or a minor for whom an
independent basis of abuse, neglect, or dependency exists; and
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 of Children and
Family Services by any court, except a minor less than 15 years

SB3308 - 121 - LRB103 39256 KTG 69408 b
of age and committed to the Department of Children and Family
Services under Section 5-710 of this Act or a minor for whom an
independent basis of abuse, neglect, or dependency exists. 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.
In placing the minor, the Department or other agency
shall, to the extent compatible with the court's order, comply
with Section 7 of the Children and Family Services Act. In
determining the health, safety, and best interests of the
minor to prescribe shelter care, the court must find that it is
a matter of immediate and urgent necessity for the safety, and
protection of the minor or of the person or property of another
that the minor be placed in a shelter care facility or that the
minor is likely to flee the jurisdiction of the court, and must
further find that reasonable efforts have been made or that,
consistent with the health, safety and best interests of the
minor, no efforts reasonably can be made to prevent or
eliminate the necessity of removal of the minor from the
minor's home. The court shall require documentation from the
Department of Children and Family Services as to the
reasonable efforts that were made to prevent or eliminate the
necessity of removal of the minor from the minor's home or the
reasons why no efforts reasonably could be made to prevent or
eliminate the necessity of removal. When a minor is placed in

SB3308 - 122 - LRB103 39256 KTG 69408 b
the home of a relative, the Department of Children and Family
Services shall complete a preliminary background review of the
members of the minor's custodian's household in accordance
with Sections 3.4 or Section 4.3 of the Child Care Act of 1969
within 90 days of that placement. If the minor is not placed in
the home of a relative, the court shall require evidence from
the Department as to the reasonable efforts that were made to
place the minor in the home of a relative or the reasons why no
efforts reasonably could be made to place the child in the home
of a relative. In assessing reasonable efforts to place the
minor in the home of a relative, the court shall assess whether
the Department met its obligations under subsection (2.5) of
Section 2-9 if the circumstances are applicable, and order
further action by the Department until such obligations are
met. If the minor is ordered placed in a shelter care facility
of the Department of Children and Family Services or a
licensed child welfare agency, the court shall, upon request
of the appropriate Department or other agency, appoint the
Department of Children and Family Services Guardianship
Administrator or other appropriate agency executive temporary
custodian of the minor and the court may enter such other
orders related to the temporary custody as it deems fit and
proper, including the provision of services to the minor or
the minor's family to ameliorate the causes contributing to
the finding of probable cause or to the finding of the
existence of immediate and urgent necessity.

SB3308 - 123 - LRB103 39256 KTG 69408 b
Where the Department of Children and Family Services
Guardianship Administrator is appointed as the executive
temporary custodian, the Department of Children and Family
Services shall file with the court and serve on the parties a
parent-child visiting plan, within 10 days, excluding weekends
and holidays, after the appointment. The parent-child visiting
plan shall set out the time and place of visits, the frequency
of visits, the length of visits, who shall be present at the
visits, and where appropriate, the minor's opportunities to
have telephone and mail communication with the parents.
Where the Department of Children and Family Services
Guardianship Administrator is appointed as the executive
temporary custodian, and when the child has siblings in care,
the Department of Children and Family Services shall file with
the court and serve on the parties a sibling placement and
contact plan within 10 days, excluding weekends and holidays,
after the appointment. The sibling placement and contact plan
shall set forth whether the siblings are placed together, and
if they are not placed together, what, if any, efforts are
being made to place them together. If the Department has
determined that it is not in a child's best interest to be
placed with a sibling, the Department shall document in the
sibling placement and contact plan the basis for its
determination. For siblings placed separately, the sibling
placement and contact plan shall set the time and place for
visits, the frequency of the visits, the length of visits, who

SB3308 - 124 - LRB103 39256 KTG 69408 b
shall be present for the visits, and where appropriate, the
child's opportunities to have contact with their siblings in
addition to in person contact. If the Department determines it
is not in the best interest of a sibling to have contact with a
sibling, the Department shall document in the sibling
placement and contact plan the basis for its determination.
The sibling placement and contact plan shall specify a date
for development of the Sibling Contact Support Plan, under
subsection (f) of Section 7.4 of the Children and Family
Services Act, and shall remain in effect until the Sibling
Contact Support Plan is developed.
For good cause, the court may waive the requirement to
file the parent-child visiting plan or the sibling placement
and contact plan, or extend the time for filing either plan.
Any party may, by motion, request the court to review the
parent-child visiting plan to determine whether it is
reasonably calculated to expeditiously facilitate the
achievement of the permanency goal. A party may, by motion,
request the court to review the parent-child visiting plan or
the sibling placement and contact plan to determine whether it
is consistent with the minor's best interest. The court may
refer the parties to mediation where available. The frequency,
duration, and locations of visitation shall be measured by the
needs of the child and family, and not by the convenience of
Department personnel. Child development principles shall be
considered by the court in its analysis of how frequent

SB3308 - 125 - LRB103 39256 KTG 69408 b
visitation should be, how long it should last, where it should
take place, and who should be present. If upon motion of the
party to review either plan and after receiving evidence, the
court determines that the parent-child visiting plan is not
reasonably calculated to expeditiously facilitate the
achievement of the permanency goal or that the restrictions
placed on parent-child contact or sibling placement or contact
are contrary to the child's best interests, the court shall
put in writing the factual basis supporting the determination
and enter specific findings based on the evidence. The court
shall enter an order for the Department to implement changes
to the parent-child visiting plan or sibling placement or
contact plan, consistent with the court's findings. At any
stage of proceeding, any party may by motion request the court
to enter any orders necessary to implement the parent-child
visiting plan, sibling placement or contact plan, or
subsequently developed Sibling Contact Support Plan. Nothing
under this subsection (2) shall restrict the court from
granting discretionary authority to the Department to increase
opportunities for additional parent-child contacts or sibling
contacts, without further court orders. Nothing in this
subsection (2) shall restrict the Department from immediately
restricting or terminating parent-child contact or sibling
contacts, without either amending the parent-child visiting
plan or the sibling contact plan or obtaining a court order,
where the Department or its assigns reasonably believe there

SB3308 - 126 - LRB103 39256 KTG 69408 b
is an immediate need to protect the child's health, safety,
and welfare. Such restrictions or terminations must be based
on available facts to the Department and its assigns when
viewed in light of the surrounding circumstances and shall
only occur on an individual case-by-case basis. The Department
shall file with the court and serve on the parties any
amendments to the plan within 10 days, excluding weekends and
holidays, of the change of the visitation.
Acceptance of services shall not be considered an
admission of any allegation in a petition made pursuant to
this Act, nor may a referral of services be considered as
evidence in any proceeding pursuant to this Act, except where
the issue is whether the Department has made reasonable
efforts to reunite the family. In making its findings that it
is consistent with the health, safety, and best interests of
the minor to prescribe shelter care, the court shall state in
writing (i) the factual basis supporting its findings
concerning the immediate and urgent necessity for the
protection of the minor or of the person or property of another
and (ii) the factual basis supporting its findings that
reasonable efforts were made to prevent or eliminate the
removal of the minor from the minor's home or that no efforts
reasonably could be made to prevent or eliminate the removal
of the minor from the minor's home. The parents, guardian,
custodian, temporary custodian, and minor shall each be
furnished a copy of such written findings. The temporary

SB3308 - 127 - LRB103 39256 KTG 69408 b
custodian shall maintain a copy of the court order and written
findings in the case record for the child. The order together
with the court's findings of fact in support thereof shall be
entered of record in the court.
Once the court finds that it is a matter of immediate and
urgent necessity for the protection of the minor that the
minor be placed in a shelter care facility, the minor shall not
be returned to the parent, custodian, or guardian until the
court finds that such placement is no longer necessary for the
protection of the minor.
If the child is placed in the temporary custody of the
Department of Children and Family Services for the minor's
protection, the court shall admonish the parents, guardian,
custodian, or responsible relative that the parents must
cooperate with the Department of Children and Family Services,
comply with the terms of the service plans, and correct the
conditions which require the child to be in care, or risk
termination of their parental rights. The court shall ensure,
by inquiring in open court of each parent, guardian,
custodian, or responsible relative, that the parent, guardian,
custodian, or responsible relative has had the opportunity to
provide the Department with all known names, addresses, and
telephone numbers of each of the minor's living adult
relatives, including, but not limited to, grandparents,
siblings of the minor's parents, and siblings. The court shall
advise the parents, guardian, custodian, or responsible

SB3308 - 128 - LRB103 39256 KTG 69408 b
relative to inform the Department if additional information
regarding the minor's adult relatives becomes available.
(2.5) When the court places the child in the temporary
custody of the Department, the court shall order the
Department to complete the following family-finding efforts
within 30 days of the child being taken into temporary
custody:
(a) Conduct an investigation in order to identify and
locate all grandparents, parents of a sibling of the
child, if the parent has legal custody of the sibling,
adult siblings, other adult relatives of the minor
including any other adult relatives suggested by the
parents, and, if it is known or there is reason to know the
child is an Indian child, any extended family members, as
defined in Section 1903 of the Indian Child Welfare Act of
1978 (25 U.S.C. 1903). The Department shall use due
diligence in investigating the names and locations of the
relatives, including, but not limited to, asking the minor
in an age-appropriate manner about any parent, alleged
parent, and relatives important to the child, consistent
with the child's best interest, and obtaining information
regarding the location of the child's parents, alleged
parents, and adult relatives.
As used in this subsection, "family finding" means
conducting an investigation, including, but not limited
to, through a computer-based search engine, to identify

SB3308 - 129 - LRB103 39256 KTG 69408 b
any person who would be eligible to be a kinship caregiver
as defined in Section 2.36 of the Child Care Act of 1969
and to connect a minor, who may be disconnected from the
minor's parents, with those relatives and kin in an effort
to provide family support or possible placement. If it is
known or there is reason to know that the child is an
Indian child, as defined in Section 1903 of the Indian
Child Welfare Act of 1978 (25 U.S.C. 1903), "family
finding" also includes contacting the Indian child's tribe
to identify relatives and kin.
(b) Unless there is reasonable cause to believe the
health, safety, or welfare of the minor would be
jeopardized by such notification, provide all adult
relatives who are located with written notification and
oral notification, in person or by telephone, of all the
following information:
(i) the minor has been removed from the custody of
the minor's parent or guardian; and
(ii) an explanation of the various options to
participate in the care and placement of the minor and
support for the minor's family, including any options
that may be lost by failing to respond. The notice
shall provide information about providing care for the
minor while the family receives reunification services
with the goal of returning the child to the parent or
guardian, how to become a relative and kinship

SB3308 - 130 - LRB103 39256 KTG 69408 b
caregiver home, and additional services and support
that are available in substitute care. The notice
shall also include information regarding the kinship
navigator program, adoption and subsidized
guardianship assistance options, health care coverage
for youth in care under the medical assistance program
established under Article V of the Illinois Public Aid
Code, and other options for contact with the minor,
including, but not limited to, visitation.
(3) If prior to the shelter care hearing for a minor
described in Sections 2-3, 2-4, 3-3, and 4-3 the moving party
is unable to serve notice on the party respondent, the shelter
care hearing may proceed ex parte. A shelter care order from an
ex parte hearing shall be endorsed with the date and hour of
issuance and shall be filed with the clerk's office and
entered of record. The order shall expire after 10 days from
the time it is issued unless before its expiration it is
renewed, at a hearing upon appearance of the party respondent,
or upon an affidavit of the moving party as to all diligent
efforts to notify the party respondent by notice as herein
prescribed. The notice prescribed shall be in writing and
shall be personally delivered to the minor or the minor's
attorney and to the last known address of the other person or
persons entitled to notice. The notice shall also state the
nature of the allegations, the nature of the order sought by
the State, including whether temporary custody is sought, and

SB3308 - 131 - LRB103 39256 KTG 69408 b
the consequences of failure to appear and shall contain a
notice that the parties will not be entitled to further
written notices or publication notices of proceedings in this
case, including the filing of an amended petition or a motion
to terminate parental rights, except as required by Supreme
Court Rule 11; and shall explain the right of the parties and
the procedures to vacate or modify a shelter care order as
provided in this Section. The notice for a shelter care
hearing shall be substantially as follows:
NOTICE TO PARENTS AND CHILDREN
OF SHELTER CARE HEARING
On ................ at ........., before the Honorable
................, (address:) ................., the State
of Illinois will present evidence (1) that (name of child
or children) ....................... are abused,
neglected, or dependent for the following reasons:
.............................................. and (2)
whether there is "immediate and urgent necessity" to
remove the child or children from the responsible
relative.
YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
PLACEMENT of the child or children in foster care until a
trial can be held. A trial may not be held for up to 90
days. You will not be entitled to further notices of
proceedings in this case, including the filing of an
amended petition or a motion to terminate parental rights.

SB3308 - 132 - LRB103 39256 KTG 69408 b
At the shelter care hearing, parents have the
following rights:
1. To ask the court to appoint a lawyer if they
cannot afford one.
2. To ask the court to continue the hearing to
allow them time to prepare.
3. To present evidence concerning:
a. Whether or not the child or children were
abused, neglected or dependent.
b. Whether or not there is "immediate and
urgent necessity" to remove the child from home
(including: their ability to care for the child,
conditions in the home, alternative means of
protecting the child other than removal).
c. The best interests of the child.
4. To cross examine the State's witnesses.
The Notice for rehearings shall be substantially as
follows:
NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
TO REHEARING ON TEMPORARY CUSTODY
If you were not present at and did not have adequate
notice of the Shelter Care Hearing at which temporary
custody of ............... was awarded to
................, you have the right to request a full
rehearing on whether the State should have temporary

SB3308 - 133 - LRB103 39256 KTG 69408 b
custody of ................. To request this rehearing,
you must file with the Clerk of the Juvenile Court
(address): ........................, in person or by
mailing a statement (affidavit) setting forth the
following:
1. That you were not present at the shelter care
hearing.
2. That you did not get adequate notice
(explaining how the notice was inadequate).
3. Your signature.
4. Signature must be notarized.
The rehearing should be scheduled within 48 hours of
your filing this affidavit.
At the rehearing, your rights are the same as at the
initial shelter care hearing. The enclosed notice explains
those rights.
At the Shelter Care Hearing, children have the
following rights:
1. To have a guardian ad litem appointed.
2. To be declared competent as a witness and to
present testimony concerning:
a. Whether they are abused, neglected or
dependent.
b. Whether there is "immediate and urgent
necessity" to be removed from home.
c. Their best interests.

SB3308 - 134 - LRB103 39256 KTG 69408 b
3. To cross examine witnesses for other parties.
4. To obtain an explanation of any proceedings and
orders of the court.
(4) If the parent, guardian, legal custodian, responsible
relative, minor age 8 or over, or counsel of the minor did not
have actual notice of or was not present at the shelter care
hearing, the parent, guardian, legal custodian, responsible
relative, minor age 8 or over, or counsel of the minor may file
an affidavit setting forth these facts, and the clerk shall
set the matter for rehearing not later than 48 hours,
excluding Sundays and legal holidays, after the filing of the
affidavit. At the rehearing, the court shall proceed in the
same manner as upon the original hearing.
(5) Only when there is reasonable cause to believe that
the minor taken into custody is a person described in
subsection (3) of Section 5-105 may the minor be kept or
detained in a detention home or county or municipal jail. This
Section shall in no way be construed to limit subsection (6).
(6) No minor under 16 years of age may be confined in a
jail or place ordinarily used for the confinement of prisoners
in a police station. Minors under 18 years of age must be kept
separate from confined adults and may not at any time be kept
in the same cell, room, or yard with adults confined pursuant
to the criminal law.
(7) If the minor is not brought before a judicial officer
within the time period as specified in Section 2-9, the minor

SB3308 - 135 - LRB103 39256 KTG 69408 b
must immediately be released from custody.
(8) If neither the parent, guardian, or custodian appears
within 24 hours to take custody of a minor released upon
request pursuant to subsection (2) of this Section, then the
clerk of the court shall set the matter for rehearing not later
than 7 days after the original order and shall issue a summons
directed to the parent, guardian, or custodian to appear. At
the same time the probation department shall prepare a report
on the minor. If a parent, guardian, or custodian does not
appear at such rehearing, the judge may enter an order
prescribing that the minor be kept in a suitable place
designated by the Department of Children and Family Services
or a licensed child welfare agency.
(9) Notwithstanding any other provision of this Section
any interested party, including the State, the temporary
custodian, an agency providing services to the minor or family
under a service plan pursuant to Section 8.2 of the Abused and
Neglected Child Reporting Act, foster parent, or any of their
representatives, on notice to all parties entitled to notice,
may file a motion that it is in the best interests of the minor
to modify or vacate a temporary custody order on any of the
following grounds:
(a) It is no longer a matter of immediate and urgent
necessity that the minor remain in shelter care; or
(b) There is a material change in the circumstances of
the natural family from which the minor was removed and

SB3308 - 136 - LRB103 39256 KTG 69408 b
the child can be cared for at home without endangering the
child's health or safety; or
(c) A person not a party to the alleged abuse, neglect
or dependency, including a parent, relative, or legal
guardian, is capable of assuming temporary custody of the
minor; or
(d) Services provided by the Department of Children
and Family Services or a child welfare agency or other
service provider have been successful in eliminating the
need for temporary custody and the child can be cared for
at home without endangering the child's health or safety.
In ruling on the motion, the court shall determine whether
it is consistent with the health, safety, and best interests
of the minor to modify or vacate a temporary custody order. 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 2-20
or 2-25.
The clerk shall set the matter for hearing not later than
14 days after such motion is filed. In the event that the court
modifies or vacates a temporary custody order but does not

SB3308 - 137 - LRB103 39256 KTG 69408 b
vacate its finding of probable cause, the court may order that
appropriate services be continued or initiated in behalf of
the minor and the minor's family.
(10) When the court finds or has found that there is
probable cause to believe a minor is an abused minor as
described in subsection (2) of Section 2-3 and that there is an
immediate and urgent necessity for the abused minor to be
placed in shelter care, immediate and urgent necessity shall
be presumed for any other minor residing in the same household
as the abused minor provided:
(a) Such other minor is the subject of an abuse or
neglect petition pending before the court; and
(b) A party to the petition is seeking shelter care
for such other minor.
Once the presumption of immediate and urgent necessity has
been raised, the burden of demonstrating the lack of immediate
and urgent necessity shall be on any party that is opposing
shelter care for the other minor.
(11) The changes made to this Section by Public Act 98-61
apply to a minor who has been arrested or taken into custody on
or after January 1, 2014 (the effective date of Public Act
98-61).
(12) After the court has placed a minor in the care of a
temporary custodian pursuant to this Section, any party may
file a motion requesting the court to grant the temporary
custodian the authority to serve as a surrogate decision maker

SB3308 - 138 - LRB103 39256 KTG 69408 b
for the minor under the Health Care Surrogate Act for purposes
of making decisions pursuant to paragraph (1) of subsection
(b) of Section 20 of the Health Care Surrogate Act. The court
may grant the motion if it determines by clear and convincing
evidence that it is in the best interests of the minor to grant
the temporary custodian such authority. In making its
determination, the court shall weigh the following factors in
addition to considering the best interests factors listed in
subsection (4.05) of Section 1-3 of this Act:
(a) the efforts to identify and locate the respondents
and adult family members of the minor and the results of
those efforts;
(b) the efforts to engage the respondents and adult
family members of the minor in decision making on behalf
of the minor;
(c) the length of time the efforts in paragraphs (a)
and (b) have been ongoing;
(d) the relationship between the respondents and adult
family members and the minor;
(e) medical testimony regarding the extent to which
the minor is suffering and the impact of a delay in
decision-making on the minor; and
(f) any other factor the court deems relevant.
If the Department of Children and Family Services is the
temporary custodian of the minor, in addition to the
requirements of paragraph (1) of subsection (b) of Section 20

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of the Health Care Surrogate Act, the Department shall follow
its rules and procedures in exercising authority granted under
this subsection.
(Source: P.A. 102-489, eff. 8-20-21; 102-502, eff. 1-1-22;
102-813, eff. 5-13-22; 103-22, eff. 8-8-23; revised 9-20-23.)
(705 ILCS 405/2-13) (from Ch. 37, par. 802-13)
Sec. 2-13. Petition.
(1) Any adult person, any agency or association by its
representative may file, or the court on its own motion,
consistent with the health, safety and best interests of the
minor may direct the filing through the State's Attorney of a
petition in respect of a minor under this Act. The petition and
all subsequent court documents shall be entitled "In the
interest of ...., a minor".
(2) The petition shall be verified but the statements may
be made upon information and belief. It shall allege that the
minor is abused, neglected, or dependent, with citations to
the appropriate provisions of this Act, and set forth (a)
facts sufficient to bring the minor under Section 2-3 or 2-4
and to inform respondents of the cause of action, including,
but not limited to, a plain and concise statement of the
factual allegations that form the basis for the filing of the
petition; (b) the name, age and residence of the minor; (c) the
names and residences of the minor's parents; (d) the name and
residence of the minor's legal guardian or the person or

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persons having custody or control of the minor, or of the
nearest known relative if no parent or guardian can be found;
and (e) if the minor upon whose behalf the petition is brought
is sheltered in custody, the date on which such temporary
custody was ordered by the court or the date set for a
temporary custody hearing. If any of the facts herein required
are not known by the petitioner, the petition shall so state.
(3) The petition must allege that it is in the best
interests of the minor and of the public that the minor be
adjudged a ward of the court and may pray generally for relief
available under this Act. The petition need not specify any
proposed disposition following adjudication of wardship. The
petition may request that the minor remain in the custody of
the parent, guardian, or custodian under an Order of
Protection.
(4) If termination of parental rights and appointment of a
guardian of the person with power to consent to adoption of the
minor under Section 2-29 is sought, the petition shall so
state. If the petition includes this request, the prayer for
relief shall clearly and obviously state that the parents
could permanently lose their rights as a parent at this
hearing.
In addition to the foregoing, the petitioner, by motion,
may request the termination of parental rights and appointment
of a guardian of the person with power to consent to adoption
of the minor under Section 2-29 at any time after the entry of

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a dispositional order under Section 2-22.
(4.5) (a) Unless good cause exists that filing a petition
to terminate parental rights is contrary to the child's best
interests, with respect to any minors committed to its care
pursuant to this Act, the Department of Children and Family
Services shall request the State's Attorney to file a petition
or motion for termination of parental rights and appointment
of guardian of the person with power to consent to adoption of
the minor under Section 2-29 if:
(i) a minor has been in foster care, as described in
subsection (b), for 15 months of the most recent 22
months; or
(ii) a minor under the age of 2 years has been
previously determined to be abandoned at an adjudicatory
hearing; or
(iii) the parent is criminally convicted of:
(A) first degree murder or second degree murder of
any child;
(B) attempt or conspiracy to commit first degree
murder or second degree murder of any child;
(C) solicitation to commit murder of any child,
solicitation to commit murder for hire of any child,
or solicitation to commit second degree murder of any
child;
(D) aggravated battery, aggravated battery of a
child, or felony domestic battery, any of which has

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resulted in serious injury to the minor or a sibling of
the minor;
(E) predatory criminal sexual assault of a child;
(E-5) aggravated criminal sexual assault;
(E-10) criminal sexual abuse in violation of
subsection (a) of Section 11-1.50 of the Criminal Code
of 1961 or the Criminal Code of 2012;
(E-15) sexual exploitation of a child;
(E-20) permitting sexual abuse of a child;
(E-25) criminal sexual assault; or
(F) an offense in any other state the elements of
which are similar and bear a substantial relationship
to any of the foregoing offenses.
(a-1) For purposes of this subsection (4.5), good cause
exists in the following circumstances:
(i) the child is being cared for by a relative,
(ii) the Department has documented in the case plan a
compelling reason for determining that filing such
petition would not be in the best interests of the child,
(iii) the court has found within the preceding 12
months that the Department has failed to make reasonable
efforts to reunify the child and family, or
(iv) the parent is incarcerated, or the parent's prior
incarceration is a significant factor in why the child has
been in foster care for 15 months out of any 22-month
period, the parent maintains a meaningful role in the

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child's life, and the Department has not documented
another reason why it would otherwise be appropriate to
file a petition to terminate parental rights pursuant to
this Section and the Adoption Act. The assessment of
whether an incarcerated parent maintains a meaningful role
in the child's life may include consideration of the
following:
(A) the child's best interest;
(B) the parent's expressions or acts of
manifesting concern for the child, such as letters,
telephone calls, visits, and other forms of
communication with the child and the impact of the
communication on the child;
(C) the parent's efforts to communicate with and
work with the Department for the purpose of complying
with the service plan and repairing, maintaining, or
building the parent-child relationship; or
(D) limitations in the parent's access to family
support programs, therapeutic services, visiting
opportunities, telephone and mail services, and
meaningful participation in court proceedings; .
(v) the Department has not yet met with the child's
caregiver to discuss guardianship as an alternative to
adoption; or
(vi) the court has determined that guardianship is an
appropriate permanency goal.

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(b) For purposes of this subsection, the date of entering
foster care is defined as the earlier of:
(1) The date of a judicial finding at an adjudicatory
hearing that the child is an abused, neglected, or
dependent minor; or
(2) 60 days after the date on which the child is
removed from the child's parent, guardian, or legal
custodian.
(c) (Blank).
(d) (Blank).
(5) The court shall liberally allow the petitioner to
amend the petition to set forth a cause of action or to add,
amend, or supplement factual allegations that form the basis
for a cause of action up until 14 days before the adjudicatory
hearing. The petitioner may amend the petition after that date
and prior to the adjudicatory hearing if the court grants
leave to amend upon a showing of good cause. The court may
allow amendment of the petition to conform with the evidence
at any time prior to ruling. In all cases in which the court
has granted leave to amend based on new evidence or new
allegations, the court shall permit the respondent an adequate
opportunity to prepare a defense to the amended petition.
(6) At any time before dismissal of the petition or before
final closing and discharge under Section 2-31, one or more
motions in the best interests of the minor may be filed. The
motion shall specify sufficient facts in support of the relief

SB3308 - 145 - LRB103 39256 KTG 69408 b
requested.
(Source: P.A. 103-22, eff. 8-8-23.)
(705 ILCS 405/2-21) (from Ch. 37, par. 802-21)
Sec. 2-21. Findings and adjudication.
(1) The court shall state for the record the manner in
which the parties received service of process and shall note
whether the return or returns of service, postal return
receipt or receipts for notice by certified mail, or
certificate or certificates of publication have been filed in
the court record. The court shall enter any appropriate orders
of default against any parent who has been properly served in
any manner and fails to appear.
No further service of process as defined in Sections 2-15
and 2-16 is required in any subsequent proceeding for a parent
who was properly served in any manner, except as required by
Supreme Court Rule 11.
The caseworker shall testify about the diligent search
conducted for the parent.
After hearing the evidence the court shall determine
whether or not the minor is abused, neglected, or dependent.
If it finds that the minor is not such a person, the court
shall order the petition dismissed and the minor discharged.
The court's determination of whether the minor is abused,
neglected, or dependent shall be stated in writing with the
factual basis supporting that determination.

SB3308 - 146 - LRB103 39256 KTG 69408 b
If the court finds that the minor is abused, neglected, or
dependent, the court shall then determine and put in writing
the factual basis supporting that determination, and specify,
to the extent possible, the acts or omissions or both of each
parent, guardian, or legal custodian that form the basis of
the court's findings. That finding shall appear in the order
of the court.
If the court finds that the child has been abused,
neglected or dependent, the court shall admonish the parents
that they must cooperate with the Department of Children and
Family Services, comply with the terms of the service plan,
and correct the conditions that require the child to be in
care, or risk termination of parental rights.
If the court determines that a person has inflicted
physical or sexual abuse upon a minor, the court shall report
that determination to the Illinois State Police, which shall
include that information in its report to the President of the
school board for a school district that requests a criminal
history records check of that person, or the regional
superintendent of schools who requests a check of that person,
as required under Section 10-21.9 or 34-18.5 of the School
Code.
(2) If, pursuant to subsection (1) of this Section, the
court determines and puts in writing the factual basis
supporting the determination that the minor is either abused
or neglected or dependent, the court shall then set a time not

SB3308 - 147 - LRB103 39256 KTG 69408 b
later than 30 days after the entry of the finding for a
dispositional hearing (unless an earlier date is required
pursuant to Section 2-13.1) to be conducted under Section 2-22
at which hearing the court shall determine whether it is
consistent with the health, safety and best interests of the
minor and the public that the minor he be made a ward of the
court. To assist the court in making this and other
determinations at the dispositional hearing, the court may
order that an investigation be conducted and a dispositional
report be prepared concerning the minor's physical and mental
history and condition, family situation and background,
economic status, education, occupation, history of delinquency
or criminality, personal habits, and any other information
that may be helpful to the court. The dispositional hearing
may be continued once for a period not to exceed 30 days if the
court finds that such continuance is necessary to complete the
dispositional report.
(3) The time limits of this Section may be waived only by
consent of all parties and approval by the court, as
determined to be consistent with the health, safety and best
interests of the minor.
(4) For all cases adjudicated prior to July 1, 1991, for
which no dispositional hearing has been held prior to that
date, a dispositional hearing under Section 2-22 shall be held
within 90 days of July 1, 1991.
(5) The court may terminate the parental rights of a

SB3308 - 148 - LRB103 39256 KTG 69408 b
parent at the initial dispositional hearing if all of the
following conditions are met:
(i) the original or amended petition contains a
request for termination of parental rights and appointment
of a guardian with power to consent to adoption; and
(ii) the court has found by a preponderance of
evidence, introduced or stipulated to at an adjudicatory
hearing, that the child comes under the jurisdiction of
the court as an abused, neglected, or dependent minor
under Section 2-18; and
(iii) the court finds, on the basis of clear and
convincing evidence admitted at the adjudicatory hearing
that the parent is an unfit person under subdivision D of
Section 1 of the Adoption Act; and
(iv) the court determines in accordance with the rules
of evidence for dispositional proceedings, that:
(A) it is in the best interest of the minor and
public that the child be made a ward of the court;
(A-1) the petitioner has demonstrated that
guardianship is not sufficient to protect the health,
safety, and welfare of the minor;
(A-3) the minor is open to the permanency option
of adoption;
(A-5) reasonable efforts under subsection (l-1) of
Section 5 of the Children and Family Services Act are
inappropriate or such efforts were made and were

SB3308 - 149 - LRB103 39256 KTG 69408 b
unsuccessful; and
(B) termination of parental rights and appointment
of a guardian with power to consent to adoption is in
the best interest of the child pursuant to Section
2-29.
(Source: P.A. 102-538, eff. 8-20-21.)
(705 ILCS 405/2-22) (from Ch. 37, par. 802-22)
Sec. 2-22. Dispositional hearing; evidence; continuance.
(1) At the dispositional hearing, the court shall
determine whether it is in the best interests of the minor and
the public that the minor be made a ward of the court, and, if
the minor is to be made a ward of the court, the court shall
determine the proper disposition best serving the health,
safety and interests of the minor and the public. The court
also shall consider the Department's due diligence in family
finding efforts for the minor required under subsection (2.5)
of Section 2-10, permanency goal set for the minor, the nature
of the service plan for the minor and the services delivered
and to be delivered under the plan. All evidence helpful in
determining these questions, including oral and written
reports, may be admitted and may be relied upon to the extent
of its probative value, even though not competent for the
purposes of the adjudicatory hearing.
(2) Once all parties respondent have been served in
compliance with Sections 2-15 and 2-16, no further service or

SB3308 - 150 - LRB103 39256 KTG 69408 b
notice must be given to a party prior to proceeding to a
dispositional hearing. Before making an order of disposition
the court shall advise the State's Attorney, the parents,
guardian, custodian or responsible relative or their counsel
of the factual contents and the conclusions of the reports
prepared for the use of the court and considered by it, and
afford fair opportunity, if requested, to controvert them. The
court may order, however, that the documents containing such
reports need not be submitted to inspection, or that sources
of confidential information need not be disclosed except to
the attorneys for the parties. Factual contents, conclusions,
documents and sources disclosed by the court under this
paragraph shall not be further disclosed without the express
approval of the court pursuant to an in camera hearing.
(3) A record of a prior continuance under supervision
under Section 2-20, whether successfully completed with regard
to the child's health, safety and best interest, or not, is
admissible at the dispositional hearing.
(4) On its own motion or that of the State's Attorney, a
parent, guardian, custodian, responsible relative or counsel,
the court may adjourn the hearing for a reasonable period to
receive reports or other evidence, if the adjournment is
consistent with the health, safety and best interests of the
minor, but in no event shall continuances be granted so that
the dispositional hearing occurs more than 6 months after the
initial removal of a minor from the minor's home. In

SB3308 - 151 - LRB103 39256 KTG 69408 b
scheduling investigations and hearings, the court shall give
priority to proceedings in which a minor has been removed from
the minor's home before an order of disposition has been made.
(5) Unless already set by the court, at the conclusion of
the dispositional hearing, the court shall set the date for
the first permanency hearing, to be conducted under subsection
(2) of Section 2-28, which shall be held: (a) within 12 months
from the date temporary custody was taken, (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 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.
(6) When the court declares a child to be a ward of the
court and awards guardianship to the Department of Children
and Family Services: ,
(a) the court shall admonish the parents, guardian,
custodian or responsible relative that the parents must
cooperate with the Department of Children and Family
Services, comply with the terms of the service plans, and
correct the conditions which require the child to be in
care, or risk termination of their parental rights; and
(b) the court shall inquire of the parties of any intent to
proceed with termination of parental rights of a parent:
(A) whose identity still remains unknown;
(B) whose whereabouts remain unknown; or

SB3308 - 152 - LRB103 39256 KTG 69408 b
(C) who was found in default at the adjudicatory
hearing and has not obtained an order setting aside
the default in accordance with Section 2-1301 of the
Code of Civil Procedure; and .
(b) the court shall order the Department to act with
due diligence to contact relatives in a meaningful way to
achieve a permanent home or establish lifelong connections
for the child, including, but not limited to:
(A) completing new family-finding efforts for
relatives of the minor required under subsection (2.5)
of Section 2-10 within 30 days of an unknown parent's
identity being determined or a parent whose
whereabouts were unknown being located;
(B) making a sufficient showing to the court that
contacting a specific relative is inappropriate in
order for the court to exercise judicial oversight and
ensure relatives excluded by the Department as
potential placements or connections for the child are
excluded as a result of reasonable cause to believe
the health, safety, or welfare of the minor would be
jeopardized;
(C) maintaining efforts to engage located
relatives in identifying additional family and close
relations who may help with care of support for the
child and involving them in developing and carrying
out a plan for the emotional and legal permanency of

SB3308 - 153 - LRB103 39256 KTG 69408 b
the child; and
(D) providing evidence to the court at each
subsequent hearing sufficient for the court to
determine the Department's compliance with the
court-ordered requirements under paragraph (b) which
may be demonstrated by documented efforts to include
relatives in family team conferencing and visitation,
asking relatives to assist with transportation of the
family, providing respite care, or provide placement
for the child.
(Source: P.A. 103-22, eff. 8-8-23.)
(705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
Sec. 2-23. Kinds of dispositional orders.
(1) The following kinds of orders of disposition may be
made in respect of wards of the court:
(a) A minor found to be neglected or abused under
Section 2-3 or dependent under Section 2-4 may be (1)
continued in the custody of the minor's parents, guardian
or legal custodian; (2) placed in accordance with Section
2-27; (3) restored to the custody of the parent, parents,
guardian, or legal custodian, provided the court shall
order the parent, parents, guardian, or legal custodian to
cooperate with the Department of Children and Family
Services and comply with the terms of an after-care plan
or risk the loss of custody of the child and the possible

SB3308 - 154 - LRB103 39256 KTG 69408 b
termination of their parental rights; or (4) ordered
partially or completely emancipated in accordance with the
provisions of the Emancipation of Minors Act.
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.
However, in any case in which a minor is found by the
court to be neglected or abused under Section 2-3 of this
Act, custody of the minor shall not be restored to any
parent, guardian or legal custodian whose acts or
omissions or both have been identified, pursuant to
subsection (1) of Section 2-21, as forming the basis for
the court's finding of abuse or neglect, until such time
as a hearing is held on the issue of the best interests of
the minor and the fitness of such parent, guardian or
legal custodian to care for the minor without endangering
the minor's health or safety, and the court enters an
order that such parent, guardian or legal custodian is fit
to care for the minor.
(b) A minor found to be dependent under Section 2-4

SB3308 - 155 - LRB103 39256 KTG 69408 b
may be (1) placed in accordance with Section 2-27 or (2)
ordered partially or completely emancipated in accordance
with the provisions of the Emancipation of Minors Act.
However, in any case in which a minor is found by the
court to be dependent under Section 2-4 of this Act,
custody of the minor shall not be restored to any parent,
guardian or legal custodian whose acts or omissions or
both have been identified, pursuant to subsection (1) of
Section 2-21, as forming the basis for the court's finding
of dependency, until such time as a hearing is held on the
issue of the fitness of such parent, guardian or legal
custodian to care for the minor without endangering the
minor's health or safety, and the court enters an order
that such parent, guardian or legal custodian is fit to
care for the minor.
(b-1) A minor between the ages of 18 and 21 may be
placed pursuant to Section 2-27 of this Act if (1) the
court has granted a supplemental petition to reinstate
wardship of the minor pursuant to subsection (2) of
Section 2-33, (2) the court has adjudicated the minor a
ward of the court, permitted the minor to return home
under an order of protection, and subsequently made a
finding that it is in the minor's best interest to vacate
the order of protection and commit the minor to the
Department of Children and Family Services for care and
service, or (3) the court returned the minor to the

SB3308 - 156 - LRB103 39256 KTG 69408 b
custody of the respondent under Section 2-4b of this Act
without terminating the proceedings under Section 2-31 of
this Act, and subsequently made a finding that it is in the
minor's best interest to commit the minor to the
Department of Children and Family Services for care and
services.
(c) When the court awards guardianship to the
Department of Children and Family Services, the court
shall order: (i) the parents to cooperate with the
Department of Children and Family Services, comply with
the terms of the service plans, and correct the conditions
that require the child to be in care, or risk termination
of their parental rights; and (ii) the Department to act
with due diligence in family finding to achieve a
permanent home or establish lifelong connections for the
child, as required under paragraph (b) of subsection (6)
of Section 2-22.
(2) Any order of disposition may provide for protective
supervision under Section 2-24 and may include an order of
protection under Section 2-25.
Unless the order of disposition expressly so provides, it
does not operate to close proceedings on the pending petition,
but is subject to modification, not inconsistent with Section
2-28, until final closing and discharge of the proceedings
under Section 2-31.
(3) The court also shall enter any other orders necessary

SB3308 - 157 - LRB103 39256 KTG 69408 b
to fulfill the service plan, including, but not limited to,
(i) orders requiring parties to cooperate with services, (ii)
restraining orders controlling the conduct of any party likely
to frustrate the achievement of the goal, and (iii) visiting
orders, and (iv) orders requiring the Department or licensed
child welfare agency to locate and assess potential relatives
as placement resources and report the outcome to the court.
When the child is placed separately from a sibling, the court
shall review the Sibling Contact Support Plan developed under
subsection (f) of Section 7.4 of the Children and Family
Services Act, if applicable. If the Department has not
convened a meeting to develop a Sibling Contact Support Plan,
or if the court finds that the existing Plan is not in the
child's best interest, the court may enter an order requiring
the Department to develop and implement a Sibling Contact
Support Plan under subsection (f) of Section 7.4 of the
Children and Family Services Act or order mediation. Unless
otherwise specifically authorized by law, the court is not
empowered under this subsection (3) to order specific
placements, specific services, or specific service providers
to be included in the plan. If, after receiving evidence, the
court determines that the services contained in the plan are
not reasonably calculated to facilitate achievement of the
permanency goal, the court shall put in writing the factual
basis supporting the determination and enter specific findings
based on the evidence. The court also shall enter an order for

SB3308 - 158 - LRB103 39256 KTG 69408 b
the Department to develop and implement a new service plan or
to implement changes to the current service plan consistent
with the court's findings. The new service plan shall be filed
with the court and served on all parties within 45 days after
the date of the order. The court shall continue the matter
until the new service plan is filed. Except as authorized by
subsection (3.5) of this Section or authorized by law, the
court is not empowered under this Section to order specific
placements, specific services, or specific service providers
to be included in the service plan.
(3.5) If, after reviewing the evidence, including evidence
from the Department, the court determines that the minor's
current or planned placement is not necessary or appropriate
to facilitate achievement of the permanency goal, the court
shall put in writing the factual basis supporting its
determination and enter specific findings based on the
evidence. If the court finds that the minor's current or
planned placement is not necessary or appropriate, the court
may enter an order directing the Department to implement a
recommendation by the minor's treating clinician or a
clinician contracted by the Department to evaluate the minor
or a recommendation made by the Department. If the Department
places a minor in a placement under an order entered under this
subsection (3.5), the Department has the authority to remove
the minor from that placement when a change in circumstances
necessitates the removal to protect the minor's health,

SB3308 - 159 - LRB103 39256 KTG 69408 b
safety, and best interest. If the Department determines
removal is necessary, the Department shall notify the parties
of the planned placement change in writing no later than 10
days prior to the implementation of its determination unless
remaining in the placement poses an imminent risk of harm to
the minor, in which case the Department shall notify the
parties of the placement change in writing immediately
following the implementation of its decision. The Department
shall notify others of the decision to change the minor's
placement as required by Department rule.
(4) In addition to any other order of disposition, the
court may order any minor adjudicated neglected with respect
to the minor's own injurious behavior to make restitution, in
monetary or non-monetary form, under the terms and conditions
of Section 5-5-6 of the Unified Code of Corrections, except
that the "presentence hearing" referred to therein shall be
the dispositional hearing for purposes of this Section. The
parent, guardian or legal custodian of the minor may pay some
or all of such restitution on the minor's behalf.
(5) Any order for disposition where the minor is committed
or placed in accordance with Section 2-27 shall provide for
the parents or guardian of the estate of such minor to pay to
the legal custodian or guardian of the person of the minor such
sums as are determined by the custodian or guardian of the
person of the minor as necessary for the minor's needs. Such
payments may not exceed the maximum amounts provided for by

SB3308 - 160 - LRB103 39256 KTG 69408 b
Section 9.1 of the Children and Family Services Act.
(6) Whenever the order of disposition requires the minor
to attend school or participate in a program of training, the
truant officer or designated school official shall regularly
report to the court if the minor is a chronic or habitual
truant under Section 26-2a of the School Code.
(7) The court may terminate the parental rights of a
parent at the initial dispositional hearing if all of the
conditions in subsection (5) of Section 2-21 are met.
(Source: P.A. 102-489, eff. 8-20-21; 103-22, eff. 8-8-23.)
(705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
Sec. 2-27. Placement; legal custody or guardianship.
(1) If the court determines and puts in writing the
factual basis supporting the determination of whether the
parents, guardian, or legal custodian of a minor adjudged a
ward of the court are unfit or are unable, for some reason
other than financial circumstances alone, to care for,
protect, train or discipline the minor or are unwilling to do
so, and that the health, safety, and best interest of the minor
will be jeopardized if the minor remains in the custody of the
minor's parents, guardian or custodian, the court may at this
hearing and at any later point:
(a) place the minor in the custody of a suitable
relative or other person as legal custodian or guardian;
(a-5) with the approval of the Department of Children

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and Family Services, place the minor in the subsidized
guardianship of a suitable relative or other person as
legal guardian; "subsidized guardianship" has the meaning
ascribed to that term in Section 4d of the Children and
Family Services Act means a private guardianship
arrangement for children for whom the permanency goals of
return home and adoption have been ruled out and who meet
the qualifications for subsidized guardianship as defined
by the Department of Children and Family Services in
administrative rules;
(b) place the minor under the guardianship of a
probation officer;
(c) commit the minor to an agency for care or
placement, except an institution under the authority of
the Department of Corrections or of the Department of
Children and Family Services;
(d) on and after the effective date of this amendatory
Act of the 98th General Assembly and before January 1,
2017, commit the minor to the Department of Children and
Family Services for care and service; however, 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 of Children and Family
Services by any court, except (i) a minor less than 16
years of age and committed to the Department of Children

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and Family Services under Section 5-710 of this Act, (ii)
a minor under the age of 18 for whom an independent basis
of abuse, neglect, or dependency exists, 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 this Act. On and after January 1, 2017, commit the
minor to the Department of Children and Family Services
for care and service; however, 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
of Children and Family Services by any court, except (i) a
minor less than 15 years of age and committed to the
Department of Children and Family Services under Section
5-710 of this Act, (ii) a minor under the age of 18 for
whom an independent basis of abuse, neglect, or dependency
exists, 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 this Act. 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 be given due notice of the pendency of the action and
the Guardianship Administrator of the Department of
Children and Family Services shall be appointed guardian

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of the person of the minor. Whenever the Department seeks
to discharge a minor from its care and service, the
Guardianship Administrator shall petition the court for an
order terminating guardianship. The Guardianship
Administrator may designate one or more other officers of
the Department, appointed as Department officers by
administrative order of the Department Director,
authorized to affix the signature of the Guardianship
Administrator to documents affecting the guardian-ward
relationship of children for whom the Guardianship
Administrator has been appointed guardian at such times as
the Guardianship Administrator is unable to perform the
duties of the Guardianship Administrator office. The
signature authorization shall include but not be limited
to matters of consent of marriage, enlistment in the armed
forces, legal proceedings, adoption, major medical and
surgical treatment and application for driver's license.
Signature authorizations made pursuant to the provisions
of this paragraph shall be filed with the Secretary of
State and the Secretary of State shall provide upon
payment of the customary fee, certified copies of the
authorization to any court or individual who requests a
copy.
(1.5) In making a determination under this Section, the
court shall also consider whether, based on health, safety,
and the best interests of the minor,

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(a) appropriate services aimed at family preservation
and family reunification have been unsuccessful in
rectifying the conditions that have led to a finding of
unfitness or inability to care for, protect, train, or
discipline the minor, or
(b) no family preservation or family reunification
services would be appropriate,
and if the petition or amended petition contained an
allegation that the parent is an unfit person as defined in
subdivision (D) of Section 1 of the Adoption Act, and the order
of adjudication recites that parental unfitness was
established by clear and convincing evidence, the court shall,
when appropriate and in the best interest of the minor, enter
an order terminating parental rights and appointing a guardian
with power to consent to adoption in accordance with Section
2-29.
When making a placement, the court, wherever possible,
shall require the Department of Children and Family Services
to select a person holding the same religious belief as that of
the minor or a private agency controlled by persons of like
religious faith of the minor and shall require the Department
to otherwise comply with Section 7 of the Children and Family
Services Act in placing the child. In addition, whenever
alternative plans for placement are available, the court shall
ascertain and consider, to the extent appropriate in the
particular case, the views and preferences of the minor.

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(2) When a minor is placed with a suitable relative or
other person pursuant to item (a) of subsection (1), the court
shall appoint the suitable relative or other person the legal
custodian or guardian of the person of the minor. When a minor
is committed to any agency, the court shall appoint the proper
officer or representative thereof as legal custodian or
guardian of the person of the minor. Legal custodians and
guardians of the person of the minor have the respective
rights and duties set forth in subsection (9) of Section 1-3
except as otherwise provided by order of court; but no
guardian of the person may consent to adoption of the minor
unless that authority is conferred upon the guardian in
accordance with Section 2-29. An agency whose representative
is appointed guardian of the person or legal custodian of the
minor may place the minor in any child care facility, but the
facility must be licensed under the Child Care Act of 1969 or
have been approved by the Department of Children and Family
Services as meeting the standards established for such
licensing. No agency may place a minor adjudicated under
Sections 2-3 or 2-4 in a child care facility unless the
placement is in compliance with the rules and regulations for
placement under this Section promulgated by the Department of
Children and Family Services under Section 5 of the Children
and Family Services Act. Like authority and restrictions shall
be conferred by the court upon any probation officer who has
been appointed guardian of the person of a minor.

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(3) No placement by any probation officer or agency whose
representative is appointed guardian of the person or legal
custodian of a minor may be made in any out of State child care
facility unless it complies with the Interstate Compact on the
Placement of Children. Placement with a parent, however, is
not subject to that Interstate Compact.
(4) The clerk of the court shall issue to the legal
custodian or guardian of the person a certified copy of the
order of court, as proof of the legal custodian's or
guardian's authority. No other process is necessary as
authority for the keeping of the minor.
(5) Custody or guardianship granted under this Section
continues until the court otherwise directs, but not after the
minor reaches the age of 19 years except as set forth in
Section 2-31, or if the minor was previously committed to the
Department of Children and Family Services for care and
service and the court has granted a supplemental petition to
reinstate wardship pursuant to subsection (2) of Section 2-33.
(6) (Blank).
(Source: P.A. 103-22, eff. 8-8-23.)
(705 ILCS 405/2-28)
Sec. 2-28. Court review.
(1) The court may require any legal custodian or guardian
of the person appointed under this Act to report periodically
to the court or may cite the legal custodian or guardian into

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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
care for the minor and the court enters an order that such

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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
date of placement, the court shall hold a hearing to consider

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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:
(1) demonstrating that 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;
(2) 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

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treatment or services; and
(3) 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.
(1.7) Within 45 days of the Department taking a child into
protective custody, the Department shall file a written report
with the court and send copies of the report to all parties.
The report shall explain the due diligence the agency is
taking to ensure an intensive relative search and engagement
strategy is being used to identify family and other close
adults and then involve them in developing and carrying out a
plan for the emotional and legal permanency of the child. The
report shall list the outcome of contacts made, whether
placement options are being evaluated, including kinship
caregiver home certification under Section 3.4 of the Child
Care Act of 1969, and the reasonable efforts the agency is
undertaking to remove barriers to placement and certification
of a prospective kinship caregiver home.
(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

SB3308 - 171 - LRB103 39256 KTG 69408 b
within that time frame, (b) if the parental rights of both
parents have been terminated in accordance with the procedure
described in subsection (5) of Section 2-21, within 30 days of
the order for termination of parental rights and appointment
of a guardian with power to consent to adoption, or (c) in
accordance with subsection (2) of Section 2-13.1. Subsequent
permanency hearings shall be held every 6 months or more
frequently if necessary in the court's determination following
the initial permanency hearing, in accordance with the
standards set forth in this Section, until the court
determines that the plan and goal have been achieved. Once the
plan and goal have been achieved, if the minor remains in
substitute care, the case shall be reviewed at least every 6
months thereafter, subject to the provisions of this Section,
unless the minor is placed in the guardianship of a suitable
relative or other person and the court determines that further
monitoring by the court does not further the health, safety,
or best interest of the child and that this is a stable
permanent placement. The permanency hearings must occur within
the time frames set forth in this subsection and may not be
delayed in anticipation of a report from any source or due to
the agency's failure to timely file its written report (this
written report means the one required under the next paragraph
and does not mean the service plan also referred to in that
paragraph).
The public agency that is the custodian or guardian of the

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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:
(A) include a report setting forth (i) 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
(ii) for any minor age 16 or over, a written description of
the programs and services that will enable the minor to
prepare for independent living, and (iii) a written
description of family-finding efforts the agency has
undertaken since the most recent report to the court to
plan for the emotional and legal permanency of the minor; .
If not contained in the agency's service plan, the
agency's report shall
(B) specify if a minor is placed in a licensed child
care facility under a corrective plan by the Department
due to concerns impacting the minor's safety and
well-being. The report shall explain the steps the
Department is taking to ensure the safety and well-being
of the minor and that the minor's needs are met in the
facility; . The agency's written report must
(C) detail what progress or lack of progress the

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parent has made in correcting the conditions requiring the
child to be in care; whether the child can be returned home
without jeopardizing the child's health, safety, and
welfare, and if not, what permanency goal is recommended
to be in the best interests of the child, and why the other
permanency goals are not appropriate. If a permanency goal
change to adoption only is being recommended, the report
must: (i) demonstrate why guardianship is not sufficient
to protect the health, safety, and welfare of the minor;
(ii) state that after meeting with the agency to discuss
subsidized guardianship as an alternative to adoption, the
caregiver informed the agency that the caregiver is
unwilling or unable to pursue guardianship; (iii) state
the child's wishes as to the permanency goal and
placement; and (iv) indicate whether the child is placed
in an adoptive home or has an adoptive home identified;
and
(D) detail the due diligence the agency has taken to
ensure an intensive relative search and engagement
strategy is being used to identify family and other close
adults and then involve them in developing and carrying
out a plan for the emotional and legal permanency of the
child. The report should list the outcome of contacts
made, and if the minor is not placed in the home of a
relative or a kinship caregiver home, the agency's report
shall list all efforts taken since the last court hearing

SB3308 - 174 - LRB103 39256 KTG 69408 b
to engage relatives in placement resource planning, the
status of assessments of prospective caregiver homes, the
outcomes of the agency's efforts, the agency's plans to
continue to explore placement options, and the reasonable
efforts the agency is undertaking to remove barriers to
placement with relatives and certification of prospective
kinship caregiver homes as applicable.
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 future status of the child. The court shall set one of the
following permanency goals:
(A) The minor will be returned home by a specific date
within 5 months.
(B) The minor will be in short-term care with a
continued goal to return home within a period not to
exceed one year, where the progress of the parent or
parents is substantial giving particular consideration to
the age and individual needs of the minor.
(B-1) The minor will be in short-term care with a
continued goal to return home pending a status hearing.
When the court finds that a parent has not made reasonable
efforts or reasonable progress to date, the court shall

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identify what actions the parent and the Department must
take in order to justify a finding of reasonable efforts
or reasonable progress and shall set a status hearing to
be held not earlier than 9 months from the date of
adjudication nor later than 11 months from the date of
adjudication during which the parent's progress will again
be reviewed.
(C) The minor will be in substitute care pending court
determination on termination of parental rights. At a
minimum, the following factors must be weighed when
selecting this goal:
(i) whether the agency has discussed subsidized
guardianship with the caregiver as an alternative to
adoption and the caregiver is unwilling or unable to
pursue guardianship, but the caregiver does wish to
adopt;
(ii) whether the minor, if age appropriate,
expresses a preference to be adopted over placement in
a subsidized guardianship arrangement;
(iii) whether the parent has expressed a
preference for adoption over a subsidized guardianship
placement if it is deemed appropriate for the parent's
preferences to be considered; and
(iv) whether subsidized guardianship is not
sufficient to protect the health, safety, and welfare
of the minor.

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(D) Adoption, provided that parental rights have been
terminated or relinquished.
(E) The guardianship of the minor will be transferred
to an individual or couple on a permanent basis provided
that goals (A) through (B-1) (D) have been deemed
inappropriate and not in the child's best interests.
Guardianship shall be presumed to be in the best interest
of the minor if goals (A) through (B-1) are not
appropriate and any of the following conditions exist: The
court shall confirm that the Department has discussed
adoption, if appropriate, and guardianship with the
caregiver prior to changing a goal to guardianship.
(i) the minor is of sufficient age to remember the
minor's parents and cherish this familial identity;
(ii) one or both of the minor's parents are
unwilling to relinquish their parental rights, but
would be willing to support a subsidized guardianship;
or
(iii) the minor is already placed in a relative
home as defined in Section 2.38 of the Child Care Act
of 1969 or kinship caregiver home as defined in
Section 2.36 of the Child Care Act of 1969.
(F) The minor over age 15 will be in substitute care
pending independence. In selecting this permanency goal,
the Department of Children and Family Services may provide
services to enable reunification and to strengthen the

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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 (D) 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) (2), but shall provide services
consistent with the goal selected.
(H) Notwithstanding any other provision in this
Section, the court may select the goal of continuing
foster care as a permanency goal if:
(1) The Department of Children and Family Services
has custody and guardianship of the minor;
(2) The court has deemed all other permanency
goals inappropriate based on the child's best

SB3308 - 178 - LRB103 39256 KTG 69408 b
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, kinship 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
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, kinship
caregiver, or foster parent for at least one year; and
(5) The relative, kinship caregiver, or foster

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parent currently caring for the child is willing and
capable of providing the child with a stable and
permanent environment.
The court shall set a permanency goal that is in the best
interest of the child. In determining that goal, the court
shall consult with the minor in an age-appropriate manner
regarding the proposed permanency or transition plan for the
minor. The court's determination shall include the following
factors:
(1) Age of the child.
(2) Options available for permanence, including both
out-of-state and in-state placement options.
(3) Current placement of the child and the intent of
the family regarding subsidized guardianship and adoption.
(4) Emotional, physical, and mental status or
condition of the child.
(5) Types of services previously offered and whether
or not the services were successful and, if not
successful, the reasons the services failed.
(6) Availability of services currently needed and
whether the services exist.
(7) Status of siblings of the minor.
(8) Whether there is an identified and willing
potential permanent caregiver who fits one of the minor's
concurrent permanency goals.
The court shall consider (i) the permanency goal contained

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in the service plan, (ii) the appropriateness of the services
contained in the plan and whether those services have been
provided, (iii) whether reasonable efforts have been made by
all the parties to the service plan to achieve the goal, and
(iv) whether the plan and goal have been achieved. All
evidence relevant to determining these questions, including
oral and written reports, may be admitted and may be relied on
to the extent of their probative value.
The court shall make findings as to whether, in violation
of Section 8.2 of the Abused and Neglected Child Reporting
Act, any portion of the service plan compels a child or parent
to engage in any activity or refrain from any activity that is
not reasonably related to remedying a condition or conditions
that gave rise or which could give rise to any finding of child
abuse or neglect. The services contained in the service plan
shall include services reasonably related to remedy the
conditions that gave rise to removal of the child from the home
of 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

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continued placement of the children away from the home and
identify what outcomes would be considered a resolution to
these problems. The court shall explain to the parents that
these findings are based on the information that the court has
at that time and may be revised, should additional evidence be
presented to the court.
The court shall review the Sibling Contact Support Plan
developed or modified under subsection (f) of Section 7.4 of
the Children and Family Services Act, if applicable. If the
Department has not convened a meeting to develop or modify a
Sibling Contact Support Plan, or if the court finds that the
existing Plan is not in the child's best interest, the court
may enter an order requiring the Department to develop,
modify, or implement a Sibling Contact Support Plan, or order
mediation.
If the goal has been achieved, the court shall enter
orders that are necessary to conform the minor's legal custody
and status to those findings.
If, after receiving evidence, the court determines that
the services contained in the plan are not reasonably
calculated to facilitate achievement of the permanency goal,
the court shall put in writing the factual basis supporting
the determination and enter specific findings based on the
evidence. The court also shall enter an order for the
Department to develop and implement a new service plan or to
implement changes to the current service plan consistent with

SB3308 - 182 - LRB103 39256 KTG 69408 b
the court's findings. The new service plan shall be filed with
the court and served on all parties within 45 days of the date
of the order. The court shall continue the matter until the new
service plan is filed. Except as authorized by subsection
(2.5) of this Section and as otherwise specifically authorized
by law, the court is not empowered under this Section to order
specific placements, specific services, or specific service
providers to be included in the service plan.
A guardian or custodian appointed by the court pursuant to
this Act shall file updated case plans with the court every 6
months.
Rights of wards of the court under this Act are
enforceable against any public agency by complaints for relief
by mandamus filed in any proceedings brought under this Act.
(2.5) If, after reviewing the evidence, including evidence
from the Department, the court determines that the minor's
current or planned placement is not necessary or appropriate
to facilitate achievement of the permanency goal, the court
shall put in writing the factual basis supporting its
determination and enter specific findings based on the
evidence. If the court finds that the minor's current or
planned placement is not necessary or appropriate, the court
may enter an order directing the Department to implement a
recommendation by the minor's treating clinician or a
clinician contracted by the Department to evaluate the minor
or a recommendation made by the Department. If the Department

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places a minor in a placement under an order entered under this
subsection (2.5), the Department has the authority to remove
the minor from that placement when a change in circumstances
necessitates the removal to protect the minor's health,
safety, and best interest. If the Department determines
removal is necessary, the Department shall notify the parties
of the planned placement change in writing no later than 10
days prior to the implementation of its determination unless
remaining in the placement poses an imminent risk of harm to
the minor, in which case the Department shall notify the
parties of the placement change in writing immediately
following the implementation of its decision. The Department
shall notify others of the decision to change the minor's
placement as required by Department rule.
(3) Following the permanency hearing, the court shall
enter a written order that includes the determinations
required under subsections subsection (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:

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(i) (Blank).
(ii) Whether the services required by the court
and by any service plan prepared within the prior 6
months have been provided and (A) if so, whether the
services were reasonably calculated to facilitate the
achievement of the permanency goal or (B) if not
provided, why the services were not provided.
(iii) Whether the minor's current or planned
placement 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

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parent or relative caregiver seeking private guardianship
may file a motion for private guardianship of the minor.
Appointment of a guardian under this Section requires
approval of the court.
(b) The State's Attorney may file a motion to
terminate parental rights of any parent who has failed to
make reasonable efforts to correct the conditions which
led to the removal of the child or reasonable progress
toward the return of the child, as defined in subdivision
(D)(m) of Section 1 of the Adoption Act or for whom any
other unfitness ground for terminating parental rights as
defined in subdivision (D) of Section 1 of the Adoption
Act exists.
When parental rights have been terminated for a
minimum of 3 years and the child who is the subject of the
permanency hearing is 13 years old or older and is not
currently placed in a placement likely to achieve
permanency, the Department of Children and Family Services
shall make reasonable efforts to locate parents whose
rights have been terminated, except when the Court
determines that those efforts would be futile or
inconsistent with the subject child's best interests. The
Department of Children and Family Services shall assess
the appropriateness of the parent whose rights have been
terminated, and shall, as appropriate, foster and support
connections between the parent whose rights have been

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terminated and the youth. The Department of Children and
Family Services shall document its determinations and
efforts to foster connections in the child's case plan.
Custody of the minor shall not be restored to any parent,
guardian, or legal custodian in any case in which the minor is
found to be neglected or abused under Section 2-3 or dependent
under Section 2-4 of this Act, unless the minor can be cared
for at home without endangering 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

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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 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

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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. 102-193, eff. 7-30-21; 102-489, eff. 8-20-21;
102-813, eff. 5-13-22; 103-22, eff. 8-8-23; 103-154, eff.
6-30-23; 103-171, eff. 1-1-24; revised 12-15-23.)

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Section 20. The Adoption Act is amended by changing
Section 15.1 as follows:
(750 ILCS 50/15.1) (from Ch. 40, par. 1519.1)
Sec. 15.1. (a) Any person over the age of 18, who has cared
for a child for a continuous period of one year or more as a
foster parent licensed under the Child Care Act of 1969 to
operate a foster family home, as a person providing a kinship
caregiver home approved under Section 3.4 of the Child Care
Act of 1969, or as a person providing a relative home as
defined by Sec 2.37 of the Child Care Act of 1969, may apply to
the child's guardian with the power to consent to adoption,
for such guardian's consent.
(b) Such guardian shall give preference and first
consideration to that application over all other applications
for adoption of the child but the guardian's final decision
shall be based on the welfare and best interest of the child.
In arriving at this decision, the guardian shall consider all
relevant factors including but not limited to:
(1) the wishes of the child;
(2) the interaction and interrelationship of the child
with the applicant to adopt the child;
(3) the child's need for stability and continuity of
relationship with parent figures;
(4) the wishes of the child's parent as expressed in
writing prior to that parent's execution of a consent or

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surrender for adoption;
(5) the child's adjustment to the child's his present
home, school and community;
(6) the mental and physical health of all individuals
involved;
(7) the family ties between the child and the
applicant to adopt the child and the value of preserving
family ties between the child and the child's relatives,
including siblings;
(8) the background, age and living arrangements of the
applicant to adopt the child;
(9) the criminal background check report presented to
the court as part of the investigation required under
Section 6 of this Act.
(c) The final determination of the propriety of the
adoption shall be within the sole discretion of the court,
which shall base its decision on the welfare and best interest
of the child. In arriving at this decision, the court shall
consider all relevant factors including but not limited to the
factors in subsection (b).
(d) If the court specifically finds that the guardian has
abused the guardian's his discretion by withholding consent to
an adoption in violation of the child's welfare and best
interests, then the court may grant an adoption, after all of
the other provisions of this Act have been complied with, with
or without the consent of the guardian with power to consent to

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adoption. If the court specifically finds that the guardian
has abused the guardian's his discretion by granting consent
to an adoption in violation of the child's welfare and best
interests, then the court may deny an adoption even though the
guardian with power to consent to adoption has consented to
it.
(Source: P.A. 90-608, eff. 6-30-98.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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INDEX
Statutes amended in order of appearance
20 ILCS 505/4d
20 ILCS 505/5
20 ILCS 505/6a from Ch. 23, par. 5006a
20 ILCS 505/7 from Ch. 23, par. 5007
20 ILCS 505/7.3
20 ILCS 505/50 new
20 ILCS 505/55 new
225 ILCS 10/2.05 from Ch. 23, par. 2212.05
225 ILCS 10/2.17 from Ch. 23, par. 2212.17
225 ILCS 10/2.35
225 ILCS 10/2.36 new
225 ILCS 10/2.37 new
225 ILCS 10/2.38 new
225 ILCS 10/2.39 new
225 ILCS 10/3.4 new
225 ILCS 10/4 from Ch. 23, par. 2214
225 ILCS 10/4.3 from Ch. 23, par. 2214.3
225 ILCS 10/5 from Ch. 23, par. 2215
225 ILCS 10/7.3
225 ILCS 10/7.4
705 ILCS 405/1-3 from Ch. 37, par. 801-3
705 ILCS 405/1-5 from Ch. 37, par. 801-5
705 ILCS 405/2-9 from Ch. 37, par. 802-9
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