Section 316.10  Purpose

 

The purpose of this Part is to describe the independent review processes required by federal and State law for the purpose of ensuring that children and families who receive services from the Department or its child welfare contributing agencies have participation and periodic review of their case plan to determine and ensure safety, well-being, and permanency. This Part also includes a description of the caseworkers' roles and responsibilities in juvenile court hearings.

 

(Source:  Amended at 48 Ill. Reg. 12195, effective August 1, 2024)

 

Section 316.20  Definitions

 

"Administrative case review" or "ACR" means a review of permanency planning open to the participation of the parents of the child, conducted by a person who is not responsible for the case management of, or the delivery of services to, either the child or the parents who are the subjects of the review. (See 42 U.S.C. 675(6)). The administrative case review is also open to the participation of other professionals involved in assessing or treating the child, any legal representative of the parent or child, and the foster parents as specified in this Part.

 

"Administrative case reviewer" or "Reviewer" means a trained professional who is not responsible for the case management of, or delivery of services to, either the child or the parents who are the subjects of the review.

 

"Case plan" means a written plan on a form prescribed by the Department that guides all participants in the plan toward the permanency goals for children and youth in DCFS custody.

 

"Children for whom the Department is legally responsible" means children for whom the Department has temporary protective custody, custody or guardianship via court order, or children whose parents have signed an adoptive surrender or voluntary placement agreement with the Department.

 

"Contact between siblings" means contact between or among siblings who are residing apart from one another and may include, but is not limited to: telephone calls; video conferencing; in person visitation; sending/receiving cards, letters, emails, text messages, gifts, etc.; sharing photographs or information; use of any approved social media (e.g., Facebook); and any other agreed upon forms of communication.

 

"DCFS" or "Department" means the Department of Children and Family Services.

 

"Family" means one or more adults and children, related by blood, marriage, civil union, or adoption and residing in the same household.

 

"Fictive kin" means any individual, unrelated by birth or marriage, who is shown to have close personal or emotional ties with the child or the child's family prior to the child's placement with the individual or is the current foster parent of a child in the custody or guardianship of the Department pursuant to a court order, 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. [20 ILCS 505/7(b)].

 

"Godparent" is a person who sponsors a child at baptism or one in whom the parents have entrusted a special duty that includes assisting in raising the child if the parent cannot raise the child.  If the person is considered to be the child's godparent, in order for placement to occur, the same placement selection criteria as contained in 89 Ill. Adm. Code 301.60 (Placement Selection Criteria) must be met.  If the godparent is not a licensed foster parent, all the conditions currently in effect for placement with relatives in 89 Ill. Adm. Code 301.80 (Relative Home Placement) must be met.

 

"Parents" means the child's legal parents, whose rights have not been terminated.  Biological fathers are considered legal parents when paternity has been established as required by 89 Ill. Adm. Code 315 (Permanency Planning).

 

"Permanency goal" means the desired outcome of intervention and service, that is determined to be consistent with the health, safety, well-being, and best interests of the child. A permanent legal status is usually a component of the permanency goal.

 

"Permanent connection" means a family-like relationship, consistent with a child's best interests, health, safety, and well-being, that provides safe, stable, and committed parenting; unconditional love and lifelong support; and a permanent legal status between child and family. For a child for whom the Department is legally responsible, a permanent connection may be the child's parents or another caregiver in the child's home of origin. When the child cannot be safely returned home, a permanent connection may be the current or former foster parent or relative caregiver, an individual identified as an adoptive or legal guardianship placement resource, or another individual from among the child's or family's lifelong connections with whom a child has developed a familial relationship.

 

"Relative", for purposes of placement of children for whom the Department is legally responsible, means any person, 21 years of age or over, other than the parent, who:

 

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, first cousin once removed (children of one's first cousin to oneself), second cousin (children of first cousins are second cousins to each other), godparent (as defined in this Section), great-uncle, or great-aunt; or

 

is the spouse, or party to a civil union, of such a relative; or

 

is the child's step-father, step-mother, step-grandfather, step-grandmother, or adult step-brother or step-sister; or

 

is the partner, or adult child of a partner, in a civil union with the child's mother or father; or

 

is a fictive kin as defined in this Section; or

 

is 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 its 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 of the Department, a "relative" may also include any person who would have qualified as a relative under this definition prior to the adoption, but only if the Department determines that it would be in the best interests of the child to consider this person a relative. [20 ILCS 505/7(b)]

 

"Siblings" means children who have at least one parent in common.  Children continue to be considered siblings after parental rights are terminated, if parental rights were terminated while a petition under Article II of the Juvenile Court Act of 1987 was pending.  Children continue to be considered siblings after one or more of the children are adopted or placed in private guardianship if they were in the custody or guardianship of the Department pursuant to the Juvenile Court Act of 1987 [705 ILCS 405] immediately prior to the adoption or guardianship.  Step-siblings may be considered "siblings" when the children enter into substitute care together, have a positive relationship and share at least one parent in common.

 

"Substitute care" means the care of children who require placement away from their families.  Substitute care includes: foster family care; care provided in a relative home placement (89 Ill. Adm. Code 301.80 (Relative Home Placement)); care provided in a group home; care provided in a maternity center or a childcare, mental health or other institution, licensed by the Department and care provided in an independent living arrangement.

 

"Visitation" means face-to-face contact:

 

between parents and their children who are in substitute care;

 

between siblings in substitute care who are placed apart from one another; or

 

between siblings in substitute care with siblings who are not in substitute care (e.g., emancipated, case closed due to independence, adopted, placed in private guardianship, living in home of parent, etc.).

 

(Source:  Amended at 48 Ill. Reg. 12195, effective August 1, 2024)

 

Section 316.30  Administrative Case Review System

 

a)         The Department has an administrative case review system for all the children in placement and their families. Administrative case reviews are conducted for children living in foster family homes, relative homes, group homes, childcare institutions, youth emergency shelters, or detention, correctional, mental, or physical health related facilities. In addition, the Department may elect to conduct administrative case reviews on other groups of children as fiscal and staffing resources permit.

 

b)         Case reviews are conducted in order to:

 

1)         assure that parents and the children or youth (if participating in the planning) are involved in and collaborating with developing the case plan, understand and discuss the plan, and know what is expected of them;

 

2)         review sibling placement by ensuring:

 

A)        siblings are being placed together whenever possible;

 

B)        when siblings are placed apart, efforts continue to locate a placement that will accept all of the children;

 

C)        contact and visitation between siblings is taking place as required and occurring in accordance with the Visitation and Contact Plan;

 

D)        efforts are made to support contact between siblings in substitute care with siblings who are not in substitute care (e.g., because of adoption, legal guardianship, emancipation, or adulthood);

 

3)         review whether the Department's continuing intervention is necessary;

 

4)         review whether services, including placement services, are necessary, relevant, coordinated, and appropriate and address the health and safety needs of the child or youth;

 

5)         identify services needed but that are not being provided to the child, family or foster parents and the reasons why they are not being provided;

 

6)         review the disability status of a child or youth to determine the need for and/or appropriateness of specialized services;

 

7)         review the appropriateness of the child's educational placement and the child's educational progress and recommend changes to the caseworker;

 

8)         review health information regarding the child or youth and family;

 

9)         review any special physical, psychological, educational, medical, emotional, or other needs of the child or youth or /the family that are relevant to a permanency or placement determination;

 

10)       review, for any youth age 16 or over, programs or services that will enable the youth to prepare for independent living;

 

11)       review whether the Department, the child welfare contributing agencies, the family, the substitute care provider, if any, and the child or youth are complying with the case plan and, if they are not complying, whether changes in the case plan or goals are needed;

 

12)       review whether there is progress in resolving the child's or youth's and family's issues, whether the progress is satisfactory, and whether the child can safely return home;

 

13)       review whether the projected month for achieving the permanency goal should be changed;

 

14)       review the appropriateness of the permanency goal and recommend changes to the goal (if appropriate);

 

15)       review and finalize the case plan for the next period, including an analysis of:

 

A)        the appropriateness of the services contained in the case plan and whether those services have been provided and, if not, why;

 

B)        whether reasonable efforts by the Department, and reasonable progress by the family, have been made to achieve the goal;

 

C)        whether the plan and goal have been achieved;

 

16)       refer the case for a child and family team meeting when one has not been conducted. (See 89 Ill. Adm. Code 315.120 (Family Meetings)); and

 

17)       report findings and make recommendations.

 

c)         The Department shall provide training for all Administrative Case Reviewers, supervisors, and managers regarding the importance of maintaining sibling relationships and the child's or youth's sense of attachment to /the siblings, the importance of maintaining sibling relationships over the child's lifespan, and the impact on the child and youth if those relationships are severed.

 

(Source:  Amended at 48 Ill. Reg. 12195, effective August 1, 2024)

 

Section 316.40  Frequency of Administrative Case Reviews

 

a)         The first administrative case review shall be conducted within six months after the temporary custody hearing.

 

b)         Following the six-month administrative case review, administrative case reviews shall be conducted every six months.

 

c)         Additional Administrative Case Reviews

 

1)         The Office of Administrative Case Review may schedule more frequent case reviews for the following reasons:

 

A)        the case requires more than the scheduled six-month review.  Such cases may be ones in which it is important that follow-up on the recommendations made at the last administrative case review is monitored; or

 

B)        the biological family requests an administrative case review prior to the first six-month review; or

 

C)        cases of workers, teams, offices, and contributing agencies are selected for special reviews because those workers, teams, offices, and contributing agencies are shown to be non-compliant with mandated requirements. Non-compliance of mandated requirements may include, but is not limited to:

 

i)          failure to establish and implement procedures for assessment and case planning;

 

ii)         failure to set and conduct family meetings;

 

iii)        failure to establish or fully implement a Sibling Visitation and Contact Plan that is in the best interests of the siblings in foster care; and

 

iv)        failure to comply with current and ongoing consent decrees; or

 

D)        as requested by the juvenile court overseeing the case.

 

2)         The caseworker and supervisor must attend all administrative case reviews scheduled by the Office of Administrative Case Review in accordance with this subsection (c).

 

(Source:  Amended at 48 Ill. Reg. 12195, effective August 1, 2024)

 

Section 316.50  Conduct and Participation at Administrative Case Reviews

 

Administrative case reviews shall:

 

a)         be convened by a professional staff member from the Office of Administrative Case Review;

 

b)         include the caseworker and/or supervisor from the Department and/or the child welfare contributing agency that has case responsibility for both the children/youth and the family; other service providers who are associated with the case;

 

c)         be open to the participation of the children's or youth's parents and their representatives.  However, if parents are known to be violent and potentially dangerous to other participants in the review, they will be excluded from any scheduled in-person review.  If a petition seeking the termination of parental rights has been filed, these parents will be invited to the review until a final decision has been made on the petition;

 

d)         be open to the participation of children 12 years of age or older with consideration given to the material in the review and the benefits of having the child and youth present.  Younger children may attend if the caseworker and supervisor determine that the child and youth can benefit from participation in the review process;

 

e)         be open to the participation of the substitute caregivers in the section of the review for the child in their care.  Substitute caregivers may be able to participate in other segments of the review involving the child's family provided that the information being presented at the review is essential for understanding the needs of and providing care to the child. When a positive relationship exists between the substitute caregiver and the child's family, the child's family may consent to disclosure of additional information in accordance with the consent provisions of 89 Ill. Adm. Code 431 (Confidentiality of Personal Information of Persons Served by the Department).  Disclosure of information concerning the child's family shall be limited to information that is essential for understanding the needs of and providing care to the child in order to protect the rights of the child's family;

 

f)         be open to the participation of the child's guardian ad litem, legal representative, or court appointed special advocate;

 

g)         be conducted via teleconferencing or video conferencing.  If the reviewer agrees that an in-person review is necessary, the review will be conducted in the office serving the parent's county of residence, if known, unless the parent agrees to travel to another office that is within the State of Illinois.  An in-person review will be conducted in the county of residence of either the parent or youth-in-care depending on the goal;

 

h)         focus on the issues described in Section 316.30; and

 

i)          be recorded by a written feedback report of the findings.

 

(Source:  Amended at 48 Ill. Reg. 12195, effective August 1, 2024)

 

Section 316.60  Notice of Administrative Case Reviews

 

A written notice of the date, time, place, and purpose of the administrative case review shall be mailed via U.S. postal service within 21 calendar days prior to the review to ensure that the notice is received 14 days prior to the scheduled review to the following:

 

a)         the parents.  The notice shall also inform the parents of their rights to bring a representative with them to the review.  The incarcerated parent will be notified of the administrative case review by mailing the notice to the facility where the parent is incarcerated and, when known, this notice will include the name of the facility contact person;

 

b)         the child or youth, if participating in the review per Section 316.50(d);

 

c)         the child's or youth's substitute caregiver;

 

d)         the child or youth's guardian ad litem, legal representative, and any court appointed special advocate; and

 

e)         the child welfare contributing agency caseworker (if applicable) via electronic mail.

 

(Source:  Amended at 48 Ill. Reg. 12195, effective August 1, 2024)

 

Section 316.70  Roles and Responsibilities of the Administrative Case Reviewer

 

a)         The administrative case reviewer has the responsibility and authority to manage the case review process, which includes:

 

1)         excluding or limiting participation, as needed, to those with a right to share in the process, or excluding or limiting participation of any individual when necessary to promote the achievement of the purposes of the review;

 

2)         convening and conducting a review in such a way as to encourage discussion and participation while respecting the rights and culture of all participants;

 

3)         maintaining the focus of the group on the case plan with good time management; and

 

4)         advising clients and other participants of their rights and providing an explanation of the purposes of the administrative case review process, assuring disclosure.

 

b)         The administrative case reviewer shall ensure that the review: complies with this Part and Department procedures, is consistent with good child welfare practice, and is conducted in compliance with 42 U.S.C. 675 and any State or federal court consent decree affecting Department practice.  This responsibility includes:

 

1)         ensuring that the purposes of the administrative case review are carried out;

 

2)         determining that the permanency goal and the evaluation of progress are consistent with the facts of the case as presented at the administrative case review, that the outcomes, tasks, and time frames are appropriate for the permanency goal, and amending or changing the case plan accordingly;

 

3)         recommending modification or change in the case plan, when in the reviewer's professional judgement, the case plan or permanency goal is insufficient based on information presented at the review.  The reviewer, however, may not change a permanency goal established by the court;

 

4)         convening administrative case reviews sooner than the regularly scheduled case reviews when the facts of the case indicate the need for a review;

 

5)         recommending a child and family team meeting; and

 

6)         providing a written report of the findings through the Case Review Information Packet (CRIP) and ACR Feedback form.

 

(Source:  Amended at 48 Ill. Reg. 12195, effective August 1, 2024)

 

Section 316.80  Caseworker Responsibilities at the Administrative Case Review

 

The assigned caseworker shall:

 

a)         present a completed case plan, based on the assessment, and developed in collaboration with the family;

 

b)         present a recommendation regarding the permanency goal;

 

c)         report on the placement, best interests, health, safety, and well-being of the child or youth;

 

d)         present a copy of the Visitation and Contact Plan and report on the efforts made to encourage and maintain sibling relationships;

 

e)         present a copy of a Post-Permanency Sibling Contact Plan when one has been developed;

 

f)         report on the progress of the parent or parents to date toward changing the behaviors and conditions that require the child or youth to be in substitute care;

 

g)         provide a statement as to whether the child or youth can return home, and, if so, when and with what supports;

 

h)         provide the casework rationale and supporting documentation for all decisions and recommendations; and

 

i)          provide all case specific documentation and verbal information relevant to the family, including, but not limited to: child and family team meetings; case planning; in-person case contacts; visitation (both parent and sibling);

 

1)         any mediation agreements in the case; and

 

2)         child or youth psychotropic medication and any pending requests for psychotropic medication approval and supervision.

 

(Source:  Amended at 48 Ill. Reg. 12195, effective August 1, 2024)

 

Section 316.90  Decision Review

 

a)         When a child welfare contributing agency, substitute caregivers, or the child's or youth's caseworker with supervisory approval, disagrees with any portion of the case plan, including any amendments made by the reviewer, the individual will be entitled to a review of the decision.  Amendments that are the result of decisions made by the court at the permanency hearing or are the result of any other court order are not subject to a decision review.

 

b)         Requests for a decision review shall be made in writing and directed, within five working days after receiving the administrative case review report, to the Statewide ACR Administrator at 406 East Monroe, Mail Code #10, Springfield, Illinois  62701.

 

c)         A decision review conference shall be held within ten working days after the receipt of the request.  The decision review conference may be held via video conferencing or teleconferencing.  A final decision will be made by the Statewide ACR Administrator or designee, within ten working days after the conference.

 

d)         Except when an issue affects compliance with a court order or the residual rights of parents, implementation will be stayed until the Statewide ACR Administrator's final decision is issued.  The residual rights of parents are defined in Section 1-3 of the Juvenile Court Act of 1987 [705 ILCS 405/1-3].

 

e)         If changes to the case plan are required by the decision review, copies of the changes will be sent to all those who are entitled to a copy of the case plan with a notice of the specific changes made, the reason for the changes, and a statement of the right to appeal any such changes.

 

(Source:  Amended at 48 Ill. Reg. 12195, effective August 1, 2024)

 

Section 316.100  Appealability of Decisions

 

Foster parents and relative caregivers have the right to be heard by the Department on issues specified in 89 Ill. Adm. Code 316 (Administrative Case Reviews and Court Hearings) and 316.90 (Decision Review) that are not appealable under this Part.  However, they will not be considered a party to a service appeal on issues that may affect residual parental rights and responsibilities.  See 89 Ill. Adm. Code 337.70.

 

(Source:  Amended at 48 Ill. Reg. 12195, effective August 1, 2024)

 

Section 316.110  The Department's Role in the Juvenile Court

 

a)         The Department shall inform the Juvenile Court of the Department's permanency goal planning for the children and families it serves and their progress toward those goals.

 

b)         When in the juvenile court, the Department shall provide information and recommendations to the court and the parties and shall recommend that the court keep families together in all instances when it is consistent with the children's or youth's best interests, health, safety, and well-being.  In those instances when children must be removed from their parent's care, the Department shall recommend that the court reunite children or youths for whom the Department is legally responsible with their families as soon as returning home is consistent with their best interests, health, safety, and well-being.  Finally, when it is clear to the Department that the child's or youth's health and safety needs cannot be met by the parents and it is in the child's or youth's best interests, the Department will provide that information to the court and recommend that the court establish other permanency goals.

 

c)         When the DCFS Guardianship Administrator is appointed as the temporary custodian of a child whose siblings are in substitute care and the child and all the siblings are not placed together, the Department shall file with the court and serve on the parties a Visitation and Contact Plan within 10 days, excluding weekends and holidays, after the appointment.

 

d)         When the Department has legal responsibility for a child, a representative of the Department or its child welfare contributing agency shall attend all hearings required by the court.  At each hearing the Department or its child welfare contributing agency shall provide information relating to the child's placement, best interests, health, safety, and well-being, and make any appropriate recommendations.  Such hearings include:

 

1)         the temporary custody hearing;

 

2)         the adjudicatory hearing;

 

3)         the dispositional hearing;

 

4)         permanency hearings; and

 

5)         all other hearings the court may require.

 

(Source:  Amended at 48 Ill. Reg. 12195, effective August 1, 2024)

 

Section 316.120  Permanency Hearings

 

a)         The Department or its child welfare contributing agency will participate in permanency hearings conducted by the court at 12 months following the temporary custody hearing and every six months thereafter to assist the court in:

 

1)         selecting the permanency goal;

 

2)         reviewing the appropriateness of the services contained in the plan and whether those services, including sibling visitation and contact, have been provided as specified; and

 

3)         determining whether reasonable efforts have been made by all parties to the case plan to achieve the goal; and

 

4)         evaluating whether the case plan and permanency goal have been achieved.

 

b)         The Department or its child welfare contributing agency shall provide, no later than 14 days in advance of the hearing, a copy of the most recent case plan and Visitation and Contact Plan, prepared within the prior six months, to the court and all parties to the permanency hearings.

 

c)         If not contained in the case plan, the Department or its child welfare contributing agency shall also include a report setting forth:

 

1)         any special physical, psychological, educational, medical, emotional, or other needs of the child or youth or the family that are relevant to a permanency or placement determination; and

 

2)         for any minor age 16 or over, a written description of the programs or services that will enable the minor to prepare for independent living.

 

d)         The Department's or its provider agency's written report shall indicate the reasons the permanency goal was selected and the reason the other goals were inappropriate and not in the child’s best interest.

 

e)         If the goal for the child or youth is continuing substitute care the Department's or its provider agency's written report shall indicate the reasons the goal of continuing substitute care is appropriate and the other permanency goals are inappropriate based on the child's or youth's best interest.

 

f)         The Department's or its child welfare contributing agency's caseworker is required to appear and testify (if called to do so) at the hearing and prepare a written report for the court, as outlined in this Section.

 

(Source:  Amended at 48 Ill. Reg. 12195, effective August 1, 2024)

 

Section 316.130  Caseworker Responsibilities at the Permanency Hearing

 

a)         The caseworker's responsibilities at the permanency hearing will be to:

 

1)         present a recommendation regarding the permanency goal, time frame for achievement, clinical intervention, social services, and Visitation and Contact Plans;

 

2)         report on the placement, best interests, health, safety and well-being of the child or youth;

 

3)         report on the progress of the parent or parents to date toward compliance with the case plan and progress toward correcting the conditions that require the child or youth to be in care; and

 

4)         provide the basis for all decisions and recommendations.

 

b)         Within 10 working days after the permanency hearing, the caseworker will:

 

1)         amend the case plan to conform to the court order, if necessary;

 

2)         attach a copy of the permanency order to the amended case plan (as well as ensuring that a copy of the order is in the case record);

 

3)         engage the family to ensure that the family understands the recommendations and decisions made at the permanency hearing and obtain the family's signature on the case plan;

 

4)         file six copies of the case plan with the court, or electronically file the case plan with the court and electronically distribute it to all parties when the parties have consented to electronic service.  If a party does not consent to electronic service, then the case plan will be distributed by U.S. mail; and

 

5)         send a copy of the case plan to the Administrative Case Review Office Administrator/Scheduler in the region where the next administrative case review will be held.

 

(Source:  Amended at 48 Ill. Reg. 12195, effective August 1, 2024)

 

Section 316.140  Compliance with the Client Case Planning Requirements

 

a)         The Department shall develop a monitoring and reporting mechanism to evaluate the extent of compliance with its client case planning requirements.  At minimum, the Department shall monitor:

 

1)         the permanency goal for each child;

 

2)         the planned date of achievement of the permanency goal;

 

3)         the extent of progress toward the permanency goal; and

 

4)         the actual date the permanency goal was achieved.

 

b)         In the case of any child who is placed in a qualified residential treatment program for more than 12 consecutive months or 18 nonconsecutive months (or, in the case of a child who has not attained age 13, for more than 6 consecutive or nonconsecutive months), the Department shall maintain the following documentation in the child's case plan and make it available for State or federal inspection or review:

 

1)         the most recent version of the evidence and documentation specified in paragraph 4 of 42 U.S.C. 675(c)(4), which was reviewed at the most recent ACR or circuit court permanency hearing and supports the continuing need for the QRTP, treatment or services, the preparation for return home or another placement; and

 

2)         the signed approval of the head of the Department for the continued placement of the child in that setting (42 U.S.C. 675a(c)(5)).

 

(Source:  Amended at 48 Ill. Reg. 12195, effective August 1, 2024)