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| Public Act 102-1014 | ||||
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AN ACT concerning State government.
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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 changing Sections 5 and 35.10 and by adding Section 5.46 as | ||||
follows:
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(20 ILCS 505/5) (from Ch. 23, par. 5005)
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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.
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(a) For purposes of this Section:
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(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:
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(A) were committed to the Department pursuant to | ||||
the
Juvenile Court Act or the Juvenile Court Act of | ||||
1987 and who continue under the jurisdiction of the | ||||
court; or
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(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
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disability, social adjustment or any combination | ||
thereof, or because of the
need to complete an | ||
educational or vocational training program.
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(2) "Homeless youth" means persons found within the
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State who are under the age of 19, are not in a safe and | ||
stable living
situation and cannot be reunited with their | ||
families.
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(3) "Child welfare services" means public social | ||
services which are
directed toward the accomplishment of | ||
the following purposes:
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(A) protecting and promoting the health, safety | ||
and welfare of
children,
including homeless, | ||
dependent, or neglected children;
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(B) remedying, or assisting in the solution
of | ||
problems which may result in, the neglect, abuse, | ||
exploitation, or
delinquency of children;
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(C) preventing the unnecessary separation of | ||
children
from their families by identifying family | ||
problems, assisting families in
resolving their | ||
problems, and preventing the breakup of the family
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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;
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(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
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safety;
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(E) placing children in suitable adoptive homes, | ||
in
cases where restoration to the biological family is | ||
not safe, possible, or
appropriate;
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(F) assuring safe and adequate care of children | ||
away from their
homes, in cases where the child cannot | ||
be returned home or cannot be placed
for adoption. At | ||
the time of placement, the Department shall consider
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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;
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(G) (blank);
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(H) (blank); and
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(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 | ||
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:
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(i) who are in a foster home, or
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(ii) who are persons with a developmental | ||
disability, as defined in
the Mental
Health and | ||
Developmental Disabilities Code, or
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(iii) who are female children who are | ||
pregnant, pregnant and
parenting, or parenting, or
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(iv) who are siblings, in facilities that | ||
provide separate living quarters for children 18
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years of age and older and for children under 18 | ||
years of age.
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(b) (Blank).
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(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.
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(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 | ||
Section concerning advance disbursements shall
not apply with | ||
respect to the following: payments to local public agencies
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for child day care services as authorized by Section 5a of this | ||
Act; and
youth service programs receiving grant funds under | ||
Section 17a-4.
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(e) (Blank).
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(f) (Blank).
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(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, | ||
family reunification, and adoption, including, but not
limited | ||
to:
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(1) adoption;
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(2) foster care;
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(3) family counseling;
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(4) protective services;
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(5) (blank);
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(6) homemaker service;
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(7) return of runaway children;
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(8) (blank);
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(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
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(10) interstate services.
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Rules and regulations established by the Department shall | ||
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.
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(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
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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.
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(i) Service programs shall be available throughout the | ||
State and shall
include but not be limited to the following | ||
services:
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(1) case management;
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(2) homemakers;
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(3) counseling;
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(4) parent education;
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(5) day care; and
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(6) emergency assistance and advocacy.
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In addition, the following services may be made available | ||
to assess and
meet the needs of children and families:
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(1) comprehensive family-based services;
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(2) assessments;
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(3) respite care; and
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(4) in-home health services.
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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.
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(j) The Department may provide categories of financial | ||
assistance and
education assistance grants, and shall
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establish rules and regulations concerning the assistance and | ||
grants, to
persons who
adopt children with physical or mental | ||
disabilities, children who are older, or other hard-to-place
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children who (i) immediately prior to their adoption 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 | ||
determined eligible for financial assistance under this | ||
subsection (j) in the interim period beginning when the | ||
child's adoptive parents died and ending with the finalization | ||
of the new adoption of the child by another adoptive parent or | ||
parents. The Department may also provide categories of | ||
financial
assistance and education assistance grants, and
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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.
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The amount of assistance may vary, depending upon the | ||
needs of the child
and the adoptive parents,
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.
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Any financial assistance provided under this subsection is
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inalienable by assignment, sale, execution, attachment, | ||
garnishment, or any
other remedy for recovery or collection of | ||
a judgment or debt.
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(j-5) The Department shall not deny or delay the placement | ||
of a child for
adoption
if an approved family is available | ||
either outside of the Department region
handling the case,
or | ||
outside of the State of Illinois.
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(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.
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(l) The Department shall
offer family preservation | ||
services, as defined in Section 8.2 of the Abused
and
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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
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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 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 (F) of subsection (2) of Section 2-28 of that Act.
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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.
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The Department shall notify the child and his family of | ||
the
Department's
responsibility to offer and provide family | ||
preservation services as
identified in the service plan. The | ||
child and his 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
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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 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.
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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 | ||
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.
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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 | ||
support intact, 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. | ||
(l-1) The legislature recognizes that the best interests | ||
of the child
require that
the child be placed in the most | ||
permanent living arrangement as soon as is
practically
| ||
possible. To achieve this goal, the legislature 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 | ||
permanent living arrangement and permanent legal status.
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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.
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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 | ||
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.
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A decision to place a child in substitute care shall be | ||
made with
considerations of the child's health, safety, and | ||
best interests. At the
time of placement, consideration should | ||
also be given so that if reunification
fails or is delayed, the | ||
placement made is the best available placement to
provide | ||
permanency for the child.
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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:
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(1) the likelihood of prompt reunification;
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(2) the past history of the family;
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(3) the barriers to reunification being addressed by | ||
the family;
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(4) the level of cooperation of the family;
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(5) the foster parents' willingness to work with the | ||
family to reunite;
| ||
(6) the willingness and ability of the foster family | ||
to provide an
adoptive
home or long-term placement;
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(7) the age of the child;
| ||
(8) placement of siblings.
| ||
(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 | ||
located.
| ||
If the child is found in his or her 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 | ||
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 he 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 | ||
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 | ||
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 | ||
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 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 | ||
youth in care for placement, affords those
rights to children | ||
and foster families. The Department shall accept for
| ||
administrative review and an appeal hearing a complaint made | ||
by (i) a child
or foster family concerning a decision | ||
following an initial review by a
private child welfare agency | ||
or (ii) a prospective adoptive parent who alleges
a violation | ||
of subsection (j-5) of this Section. 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 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 | ||
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 his or her 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 | ||
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 his
or her 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.
| ||
(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. | ||
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 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 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 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 caretaker shall be informed of any known 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 foster or prospective adoptive parent in | ||
advance of a placement. The 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 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 adoptive parent or | ||
parents or other caretaker. The information provided to the | ||
prospective 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.
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.
| ||
(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, | ||
the Department shall conduct a criminal records background | ||
check of the prospective foster or adoptive parent, including | ||
fingerprint-based checks of 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, | ||
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.
| ||
(w) 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 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 | ||
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 his or her | ||
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 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 | ||
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. 101-13, eff. 6-12-19; 101-79, eff. 7-12-19; | ||
101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 102-558, eff. | ||
8-20-21.) | ||
(20 ILCS 505/5.46 new) | ||
Sec. 5.46. Application for Social Security benefits, | ||
Supplemental Security Income, Veterans benefits, and Railroad | ||
Retirement benefits. | ||
(a) Definitions. As used in this Section: | ||
"Benefits" means Social Security benefits, Supplemental | ||
Security Income, Veterans benefits, and Railroad Retirement | ||
benefits. | ||
"Youth's attorney and guardian ad litem" means the person | ||
appointed as the youth's attorney or guardian ad litem in | ||
accordance with the Juvenile Court Act of 1987 in the | ||
proceeding in which the Department is appointed as the youth's | ||
guardian or custodian. | ||
(b) Application for benefits. | ||
(1) Upon receiving temporary custody or guardianship | ||
of a youth in care, the Department shall assess the youth | ||
to determine whether the youth may be eligible for | ||
benefits. If, after the assessment, the Department | ||
determines that the youth may be eligible for benefits, | ||
the Department shall ensure that an application is filed | ||
on behalf of the youth. The Department shall prescribe by | ||
rule how it will review cases of youth in care at regular | ||
intervals to determine whether the youth may have become | ||
eligible for benefits after the initial assessment. The | ||
Department shall make reasonable efforts to encourage | ||
youth in care over the age of 18 who are likely eligible | ||
for benefits to cooperate with the application process and | ||
to assist youth with the application process. | ||
(2) When applying for benefits under this Section for | ||
a youth in care the Department shall identify a | ||
representative payee in accordance with the requirements | ||
of 20 CFR 404.2021 and 416.621. If the Department is | ||
seeking to be appointed as the youth's representative | ||
payee, the Department must consider input, if provided, | ||
from the youth's attorney and guardian ad litem regarding | ||
whether another representative payee, consistent with the | ||
requirements of 20 CFR 404.2021 and 416.621, is available. | ||
If the Department serves as the representative payee for a | ||
youth over the age of 18, the Department shall request a | ||
court order, as described in subparagraph (C) of paragraph | ||
(1) of subsection (d) and in subparagraph (C) of paragraph | ||
(2) of subsection (d). | ||
(c) Notifications. The Department shall immediately notify | ||
a youth over the age of 16, the youth's attorney and guardian | ||
ad litem, and the youth's parent or legal guardian or another | ||
responsible adult of: | ||
(1) any application for or any application to become | ||
representative payee for benefits on behalf of a youth in | ||
care; | ||
(2) any communications from the Social Security | ||
Administration, the U.S. Department of Veterans Affairs, | ||
or the Railroad Retirement Board pertaining to the | ||
acceptance or denial of benefits or the selection of a | ||
representative payee; and | ||
(3) any appeal or other action requested by the | ||
Department regarding an application for benefits. | ||
(d) Use of benefits. Consistent with federal law, when the | ||
Department serves as the representative payee for a youth | ||
receiving benefits and receives benefits on the youth's | ||
behalf, the Department shall: | ||
(1) Beginning January 1, 2023, ensure that when the | ||
youth attains the age of 14 years and until the Department | ||
no longer serves as the representative payee, a minimum | ||
percentage of the youth's Supplemental Security Income | ||
benefits are conserved in accordance with paragraph (4) as | ||
follows: | ||
(A) From the age of 14 through age 15, at least | ||
40%. | ||
(B) From the age of 16 through age 17, at least | ||
80%. | ||
(C) From the age of 18 through 20, 100%, when a | ||
court order has been entered expressly allowing the | ||
Department to have the authority to establish and | ||
serve as an authorized agent of the youth over the age | ||
of 18 with respect to an account established in | ||
accordance with paragraph (4). | ||
(2) Beginning January 1, 2024, ensure that when the | ||
youth attains the age of 14 years and until the Department | ||
no longer serves as the representative payee a minimum | ||
percentage of the youth's Social Security benefits, | ||
Veterans benefits, or Railroad Retirement benefits are | ||
conserved in accordance with paragraph (4) as follows: | ||
(A) From the age of 14 through age 15, at least | ||
40%. | ||
(B) From the age of 16 through age 17, at least | ||
80%. | ||
(C) From the age of 18 through 20, 100%, when a | ||
court order has been entered expressly allowing the | ||
Department to have the authority to establish and | ||
serve as an authorized agent of the youth over the age | ||
of 18 with respect to an account established in | ||
accordance with paragraph (4). | ||
(3) Exercise discretion in accordance with federal law | ||
and in the best interests of the youth when making | ||
decisions to use or conserve the youth's benefits that are | ||
less than or not subject to asset or resource limits under | ||
federal law, including using the benefits to address the | ||
youth's special needs and conserving the benefits for the | ||
youth's reasonably foreseeable future needs. | ||
(4) Appropriately monitor any federal asset or | ||
resource limits for the benefits and ensure that the | ||
youth's best interest is served by using or conserving the | ||
benefits in a way that avoids violating any federal asset | ||
or resource limits that would affect the youth's | ||
eligibility to receive the benefits, including: | ||
(A) applying to the Social Security Administration | ||
to establish a Plan to Achieve Self-Support (PASS) | ||
Account for the youth under the Social Security Act | ||
and determining whether it is in the best interest of | ||
the youth to conserve all or parts of the benefits in | ||
the PASS account; | ||
(B) establishing a 529 plan for the youth and | ||
conserving the youth's benefits in that account in a | ||
manner that appropriately avoids any federal asset or | ||
resource limits; | ||
(C) establishing an Individual Development Account | ||
for the youth and conserving the youth's benefits in | ||
that account in a manner that appropriately avoids any | ||
federal asset or resource limits; | ||
(D) establishing an ABLE account authorized by | ||
Section 529A of the Internal Revenue Code of 1986, for | ||
the youth and conserving the youth's benefits in that | ||
account in a manner that appropriately avoids any | ||
federal asset or resource limits; | ||
(E) establishing a Social Security Plan to Achieve | ||
Self-Support account for the youth and conserving the | ||
youth's benefits in a manner that appropriately avoids | ||
any federal asset or resource limits; | ||
(F) establishing a special needs trust for the | ||
youth and conserving the youth's benefits in the trust | ||
in a manner that is consistent with federal | ||
requirements for special needs trusts and that | ||
appropriately avoids any federal asset or resource | ||
limits; | ||
(G) if the Department determines that using the | ||
benefits for services for current special needs not | ||
already provided by the Department is in the best | ||
interest of the youth, using the benefits for those | ||
services; | ||
(H) if federal law requires certain back payments | ||
of benefits to be placed in a dedicated account, | ||
complying with the requirements for dedicated accounts | ||
under 20 CFR 416.640(e); and | ||
(I) applying any other exclusions from federal | ||
asset or resource limits available under federal law | ||
and using or conserving the youth's benefits in a | ||
manner that appropriately avoids any federal asset or | ||
resource limits. | ||
(e) By July 1, 2024, the Department shall provide a report | ||
to the General Assembly regarding youth in care who receive | ||
benefits who are not subject to this Act. The report shall | ||
discuss a goal of expanding conservation of children's | ||
benefits to all benefits of all children of any age for whom | ||
the Department serves as representative payee. The report | ||
shall include a description of any identified obstacles, steps | ||
to be taken to address the obstacles, and a description of any | ||
need for statutory, rule, or procedural changes. | ||
(f) Accounting. The Department shall provide an annual | ||
accounting to the youth's attorney and guardian ad litem of | ||
how the youth's benefits have been used and conserved. In | ||
addition, within 10 business days of a request from a youth or | ||
the youth's attorney and guardian ad litem, the Department | ||
shall provide an accounting to the youth of how the youth's | ||
benefits have been used and conserved. The accounting shall | ||
include: | ||
(1) The amount of benefits received on the youth's | ||
behalf since the most recent accounting and the date the | ||
benefits were received. | ||
(2) Information regarding the youth's benefits and | ||
resources, including the youth's benefits, insurance, cash | ||
assets, trust accounts, earnings, and other resources. | ||
(3) An accounting of the disbursement of benefit | ||
funds, including the date, amount, identification of | ||
payee, and purpose. | ||
(4) Information regarding each request by the youth, | ||
the youth's attorney and guardian ad litem, or the youth's | ||
caregiver for disbursement of funds and a statement | ||
regarding the reason for not granting the request if the | ||
request was denied. | ||
When the Department's guardianship of the youth is being | ||
terminated, the Department shall provide (i) a final | ||
accounting to the Social Security Administration, to the | ||
youth's attorney and guardian ad litem, and to either the | ||
person or persons who will assume guardianship of the youth or | ||
who is in the process of adopting the youth, if the youth is | ||
under 18, or to the youth, if the youth is over 18 and (ii) | ||
information to the parent, guardian, or youth regarding how to | ||
apply to become the representative payee. The Department shall | ||
adopt rules to ensure that the representative payee | ||
transitions occur in a timely and appropriate manner. | ||
(g) Financial literacy. The Department shall provide the | ||
youth with financial literacy training and support, including | ||
specific information regarding the existence, availability, | ||
and use of funds conserved for the youth in accordance with | ||
this subsection, beginning by age 14. The literacy program and | ||
support services shall be developed in consultation with input | ||
from the Department's Statewide Youth Advisory Board. | ||
(h) Adoption of rules. The Department shall adopt rules to | ||
implement the provisions of this Section by January 1, 2023. | ||
(i) Reporting. No later than February 28, 2023, the | ||
Department shall file a report with the General Assembly | ||
providing the following information for State Fiscal Years | ||
2019, 2020, 2021, and 2022 and annually beginning February 28, | ||
2023, for the preceding fiscal year: | ||
(1) The number of youth entering care. | ||
(2) The number of youth entering care receiving each | ||
of the following types of benefits: Social Security | ||
benefits, Supplemental Security Income, Veterans benefits, | ||
Railroad Retirement benefits. | ||
(3) The number of youth entering care for whom the | ||
Department filed an application for each of the following | ||
types of benefits: Social Security benefits, Supplemental | ||
Security Income, Veterans benefits, Railroad Retirement | ||
benefits. | ||
(4) The number of youth entering care who were awarded | ||
each of the following types of benefits based on an | ||
application filed by the Department: Social Security | ||
benefits, Supplemental Security Income, Veterans benefits, | ||
Railroad Retirement benefits. | ||
(j) Annually beginning December 31, 2023, the Department | ||
shall file a report with the General Assembly with the | ||
following information regarding the preceding fiscal year: | ||
(1) the number of conserved accounts established and | ||
maintained for youth in care; | ||
(2) the average amount conserved by age group; and | ||
(3) the total amount conserved by age group. | ||
(20 ILCS 505/35.10) | ||
Sec. 35.10. Documents necessary for adult living. The | ||
Department shall assist a youth in care in identifying and | ||
obtaining documents necessary to function as an independent | ||
adult prior to the closure of the youth's case to terminate | ||
wardship as provided in Section 2-31 of the Juvenile Court Act | ||
of 1987. These necessary documents shall include, but not be | ||
limited to, any of the following: | ||
(1) State identification card or driver's license. | ||
(2) Social Security card. | ||
(3) Medical records, including, but not limited to, | ||
health passport, dental records, immunization records, | ||
name and contact information for all current medical, | ||
dental, and mental health providers, and a signed | ||
certification that the Department provided the youth with | ||
education on executing a healthcare power of attorney. | ||
(4) Medicaid card or other health eligibility | ||
documentation. | ||
(5) Certified copy of birth certificate. | ||
(6) Any applicable religious documents. | ||
(7) Voter registration card. | ||
(8) Immigration, citizenship, or naturalization | ||
documentation, if applicable. | ||
(9) Death certificates of parents, if applicable. | ||
(10) Life book or compilation of personal history and | ||
photographs. | ||
(11) List of known relatives with relationships, | ||
addresses, telephone numbers, and other contact | ||
information, with the permission of the involved relative. | ||
(12) Resume. | ||
(13) Educational records, including list of schools | ||
attended, and transcript, high school diploma, or high | ||
school equivalency certificate. | ||
(14) List of placements while in care. | ||
(15) List of community resources with referral | ||
information, including the Midwest Adoption Center for | ||
search and reunion services for former youth in care, | ||
whether or not they were adopted, and the Illinois Chapter | ||
of Foster Care Alumni of America. | ||
(16) All documents necessary to complete a Free | ||
Application for Federal Student Aid form, if applicable, | ||
or an application for State financial aid. | ||
(17) If applicable, a final accounting of the account | ||
maintained on behalf of the youth as provided under | ||
Section 5.46. | ||
If a court determines that a youth in care no longer requires | ||
wardship of the court and orders the wardship terminated and | ||
all proceedings under the Juvenile Court Act of 1987 | ||
respecting the youth in care finally closed and discharged, | ||
the Department shall ensure that the youth in care receives a | ||
copy of the court's order.
| ||
(Source: P.A. 102-70, eff. 1-1-22.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||