Bill Text: IL SB3325 | 2011-2012 | 97th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Abused and Neglected Child Reporting Act. Removes provisions requiring the Department of Children and Family Services to provide a preliminary report to the General Assembly no later than January 1, 1991 concerning family preservation services. Effective immediately.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2012-07-27 - Public Act . . . . . . . . . 97-0859 [SB3325 Detail]
Download: Illinois-2011-SB3325-Engrossed.html
Bill Title: Amends the Abused and Neglected Child Reporting Act. Removes provisions requiring the Department of Children and Family Services to provide a preliminary report to the General Assembly no later than January 1, 1991 concerning family preservation services. Effective immediately.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2012-07-27 - Public Act . . . . . . . . . 97-0859 [SB3325 Detail]
Download: Illinois-2011-SB3325-Engrossed.html
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1 | AN ACT concerning children.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Abused and Neglected Child Reporting Act is | ||||||
5 | amended by changing Section 8.2 as follows:
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6 | (325 ILCS 5/8.2) (from Ch. 23, par. 2058.2)
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7 | Sec. 8.2. If the Child Protective Service Unit determines, | ||||||
8 | following
an investigation made pursuant to Section 7.4 of this | ||||||
9 | Act, that there is
credible evidence that the child is abused | ||||||
10 | or neglected, the Department
shall assess the family's need for | ||||||
11 | services, and, as necessary, develop,
with the family, an | ||||||
12 | appropriate service plan for the family's voluntary
acceptance | ||||||
13 | or refusal. In any case where there is evidence that the
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14 | perpetrator of the abuse or neglect is an addict or alcoholic | ||||||
15 | as defined in
the Alcoholism and Other Drug Abuse and | ||||||
16 | Dependency Act, the Department, when
making referrals for drug | ||||||
17 | or alcohol abuse services, shall make such referrals
to | ||||||
18 | facilities licensed by the Department of Human Services or the | ||||||
19 | Department
of Public Health. The Department shall comply with | ||||||
20 | Section 8.1 by explaining
its lack of legal authority to compel | ||||||
21 | the acceptance of services and may
explain its concomitant | ||||||
22 | authority to petition the Circuit court
under the Juvenile | ||||||
23 | Court Act of 1987 or refer the case to the local law
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1 | enforcement authority or State's attorney for criminal | ||||||
2 | prosecution.
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3 | For purposes of this Act, the term "family preservation | ||||||
4 | services"
refers to all services
to help families, including | ||||||
5 | adoptive and extended families. Family
preservation services | ||||||
6 | shall be
offered, where safe and appropriate,
to prevent the | ||||||
7 | placement of children in substitute
care when the children can | ||||||
8 | be cared for at home or in the custody of the
person | ||||||
9 | responsible for the children's welfare without endangering the
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10 | children's health or safety, to reunite them with their
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11 | families if so placed when reunification
is an appropriate | ||||||
12 | goal, or to maintain an adoptive placement. The term
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13 | "homemaker" includes emergency caretakers, homemakers, | ||||||
14 | caretakers,
housekeepers and chore services. The term | ||||||
15 | "counseling" includes individual
therapy, infant stimulation | ||||||
16 | therapy, family therapy, group therapy,
self-help groups, drug | ||||||
17 | and alcohol abuse counseling, vocational counseling
and | ||||||
18 | post-adoptive services. The term "day care" includes | ||||||
19 | protective day
care and day care to meet educational, | ||||||
20 | prevocational or vocational needs.
The term "emergency | ||||||
21 | assistance and advocacy" includes coordinated services
to | ||||||
22 | secure emergency cash, food, housing and medical assistance or | ||||||
23 | advocacy
for other subsistence and family protective needs.
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24 | Before July 1, 2000, appropriate family preservation | ||||||
25 | services shall, subject
to appropriation, be included in the | ||||||
26 | service plan if the Department has
determined that those |
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1 | services will ensure the child's health and safety, are
in the | ||||||
2 | child's best interests, and will not place the child in | ||||||
3 | imminent risk of
harm. Beginning July 1, 2000, appropriate | ||||||
4 | family preservation services shall
be uniformly available | ||||||
5 | throughout the State. The Department shall promptly
notify | ||||||
6 | children and families of the Department's responsibility to | ||||||
7 | offer and
provide family preservation services as identified in | ||||||
8 | the service plan. Such
plans may include but are not limited | ||||||
9 | to: case management services; homemakers;
counseling; parent | ||||||
10 | education; day care; emergency assistance and advocacy
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11 | assessments; respite care; in-home health care; transportation | ||||||
12 | to obtain any of
the above services; and medical assistance. | ||||||
13 | Nothing in this paragraph shall be
construed to create a | ||||||
14 | private right of action or claim on the part of any
individual | ||||||
15 | or child welfare agency, except that when a child is the | ||||||
16 | subject of an action under Article II of the Juvenile Court Act | ||||||
17 | of 1987 and the child's service plan calls for services to | ||||||
18 | facilitate achievement of the permanency goal, the court | ||||||
19 | hearing the action under Article II of the Juvenile Court Act | ||||||
20 | of 1987 may order the Department to provide the services set | ||||||
21 | out in the plan, if those services are not provided with | ||||||
22 | reasonable promptness and if those services are available.
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23 | The Department shall provide a preliminary report to the | ||||||
24 | General
Assembly no later than January 1, 1991, in regard to | ||||||
25 | the provision of
services authorized pursuant to this Section. | ||||||
26 | The report shall include:
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1 | (a) the number of families and children served, by type | ||||||
2 | of services;
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3 | (b) the outcome from the provision of such services, | ||||||
4 | including the
number of families which remained intact at | ||||||
5 | least 6 months following the
termination of services;
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6 | (c) the number of families which have been subjects of | ||||||
7 | founded
reports of abuse following the termination of | ||||||
8 | services;
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9 | (d) an analysis of general family circumstances in | ||||||
10 | which family
preservation services have been determined to | ||||||
11 | be an effective intervention;
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12 | (e) information regarding the number of families in | ||||||
13 | need of services
but unserved due to budget or program | ||||||
14 | criteria guidelines;
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15 | (f) an estimate of the time necessary for and the | ||||||
16 | annual cost of
statewide implementation of such services;
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17 | (g) an estimate of the length of time before expansion | ||||||
18 | of these
services will be made to include families with | ||||||
19 | children over the age of 6; and
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20 | (h) recommendations regarding any proposed legislative | ||||||
21 | changes to
this program.
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22 | Each Department field office shall maintain on a local | ||||||
23 | basis
directories of services available to children and | ||||||
24 | families in the local
area where the Department office is | ||||||
25 | located.
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26 | The Department shall refer children and families served
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1 | pursuant to this Section to private agencies and governmental | ||||||
2 | agencies,
where available.
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3 | Where there are 2 equal proposals from both a | ||||||
4 | not-for-profit and a
for-profit agency to provide services, the | ||||||
5 | Department shall give preference
to the proposal from the | ||||||
6 | not-for-profit agency.
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7 | No service plan shall compel any child or parent to engage | ||||||
8 | in any
activity or refrain from any activity which is not | ||||||
9 | reasonably related to
remedying a condition or conditions that | ||||||
10 | gave rise or which could give rise
to any finding of child | ||||||
11 | abuse or neglect.
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12 | (Source: P.A. 96-600, eff. 8-21-09.)
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13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law.
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