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)