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| Public Act 101-0237 | ||||
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AN ACT concerning courts.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Children and Family Services Act is amended | ||||
by adding Section 7.8 as follows: | ||||
(20 ILCS 505/7.8 new) | ||||
Sec. 7.8. Home safety checklist; aftercare services; | ||||
immunization checks. | ||||
(a) As used in this Section, "purchase of service agency" | ||||
means any entity that contracts with the Department to provide | ||||
services that are consistent with the purposes of this Act. | ||||
(b) Whenever a child is placed in the custody or | ||||
guardianship of the Department or a child is returned to the | ||||
custody of a parent or guardian and the court retains | ||||
jurisdiction of the case, the Department must ensure that the | ||||
child is up to date on his or her well-child visits, including | ||||
age-appropriate immunizations, or that there is a documented | ||||
religious or medical reason the child did not receive the | ||||
immunizations. | ||||
(c) Whenever a child has been placed in foster or | ||||
substitute care by court order and the court later determines | ||||
that the child can return to the custody of his or her parent | ||||
or guardian, the Department must complete, prior to the child's | ||||
discharge from foster or substitute care, a home safety | ||
checklist to ensure that the conditions of the child's home are | ||
sufficient to ensure the child's safety and well-being, as | ||
defined in Department rules and procedures. At a minimum, the | ||
home safety checklist shall be completed within 24 hours prior | ||
to the child's return home and completed again or recertified | ||
in the absence of any environmental barriers or hazards within | ||
5 working days after a child is returned home and every month | ||
thereafter until the child's case is closed pursuant to the | ||
Juvenile Court Act of 1987. The home safety checklist shall | ||
include a certification that there are no environmental | ||
barriers or hazards to prevent returning the child home. | ||
(d) When a court determines that a child should return to | ||
the custody or guardianship of a parent or guardian, any | ||
aftercare services provided to the child and the child's family | ||
by the Department or a purchase of service agency shall | ||
commence on the date upon which the child is returned to the | ||
custody or guardianship of his or her parent or guardian. If | ||
children are returned to the custody of a parent at different | ||
times, the Department or purchase of service agency shall | ||
provide a minimum of 6 months of aftercare services to each | ||
child commencing on the date each individual child is returned | ||
home. | ||
(e) One year after the effective date of this amendatory | ||
Act of the 101st General Assembly, the Auditor General shall | ||
commence a performance audit of the Department of Children and | ||
Family Services to determine whether the Department is meeting | ||
the requirements of this Section. 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 Abused and Neglected Child Reporting Act is | ||
amended by adding Section 7.01 as follows: | ||
(325 ILCS 5/7.01 new) | ||
Sec. 7.01. Safety assessments for reports made by mandated | ||
reporters. | ||
(a) When a report is made by a mandated reporter to the | ||
statewide toll-free telephone number established under Section | ||
7.6 of this Act and there is a prior indicated report of abuse | ||
or neglect, or there is a prior open service case involving any | ||
member of the household, the Department must, at a minimum, | ||
accept the report as a child welfare services referral. If the | ||
family refuses to cooperate or refuses access to the home or | ||
children, then a child protective services investigation shall | ||
be initiated if the facts otherwise meet the criteria to accept | ||
a report. | ||
As used in this Section, "child welfare services referral" | ||
means an assessment of the family for service needs and linkage | ||
to available local community resources for the purpose of | ||
preventing or remedying or assisting in the solution of | ||
problems which may result in the neglect, abuse, exploitation, | ||
or delinquency of children, and as further defined in | ||
Department rules and procedures. | ||
As used in this Section, "prior open service case" means a | ||
case in which the Department has provided services to the | ||
family either directly or through a purchase of service agency. | ||
(b) One year after the effective date of this amendatory | ||
Act of the 101st General Assembly, the Auditor General shall | ||
commence a performance audit of the Department of Children and | ||
Family Services to determine whether the Department is meeting | ||
the requirements of this Section. 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.
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