Public Act 095-1040
 		





SB0381 Enrolled
LRB095 06715 HLH 26827 b






    AN ACT concerning State government.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Children and Family Services Act is amended  
by changing Section 34.11 as follows:
 



    (20 ILCS 505/34.11)



    Sec. 34.11. Lou Jones Grandparent Child Care Program

Grandparent child care program. 

    (a) The General Assembly finds and declares the following:


        (1) An increasing number of children under the age of 
    18, including many
children who would otherwise be at risk 
    of abuse or neglect, are in the care of
a grandparent or 
    other nonparent relative.


        (2) The principal causes of this increase include 
    parental substance
abuse, child abuse, mental illness, 
    poverty, and death, as well as concerted
efforts by 
    families and by the child welfare service system to keep 
    children
with relatives whenever possible.


        (3) Grandparents and older relatives providing primary 
    care for at-risk
children may experience unique resultant 
    problems, such as financial stress due
to limited incomes, 
    emotional difficulties dealing with the loss of the child's

    parents or the child's unique behaviors, and decreased 
    physical stamina coupled
with a much higher incidence of 
    chronic illness.


        (4) Many children being raised by nonparent relatives 
    experience one or a
combination of emotional, behavioral, 
    psychological, academic, or medical
problems, especially 
    those born to a substance-abusing mother or at risk of

    child abuse, neglect, or abandonment.


        (5) Grandparents and other relatives providing primary 
    care for children
lack appropriate information about the 
    issues of kinship care, the special
needs (both physical 
    and psychological) of children born to a substance-abusing

    mother or at risk of child abuse, neglect, or abandonment, 
    and the support
resources currently available to them.

        (6)  An increasing number of grandparents and other 
    relatives age 60 or older are adopting or becoming the 
    subsidized guardians of children placed in their care by 
    the Department.  Some of these children will experience the 
    death of their adoptive parent or guardian before reaching 
    the age of 18.  For most of these children, no legal plan 
    has been made for the child's future care and custody in 
    the event of the caregiver's death or incapacity.
        (7) Grandparents and other relatives providing primary 
    care for children lack appropriate information about 
    future care and custody planning for children in their 
    care.  They also lack access to resources that may  assist 
    them in developing future legal care and custody plans for 
    children in their legal custody.

    (b) The Department may establish an informational and 
educational program
for grandparents and other relatives who 
provide primary care for children who
are at risk of child 
abuse, neglect, or abandonment or who were born to

substance-abusing mothers.  As a part of the program, the 
Department may
develop, publish, and distribute an 
informational brochure for grandparents and
other relatives 
who provide primary care for children who are at risk of child

abuse, neglect, or abandonment or who were born to 
substance-abusing mothers.
The information provided under the 
program authorized by this Section may
include, but is not 
limited to the following:


        (1) The most prevalent causes of kinship care, 
    especially the risk of
substance exposure or child abuse, 
    neglect, or abandonment.


        (2) The problems experienced by children being raised 
    by nonparent
caregivers.


        (3) The problems experienced by grandparents and other 
    nonparent relatives
 providing primary care for children 
    who have special needs.


        (4) The legal system as it relates to children and 
    their nonparent primary
caregivers.


        (5) The benefits available to children and their 
    nonparent primary
caregivers.


        (6) A list of support groups and resources located 
    throughout the State.

    The brochure may be distributed through hospitals, public 
health nurses,
child protective services, medical professional 
offices, elementary and
secondary schools, senior citizen 
centers, public libraries, community action
agencies selected 
by the Department, and the Department of Human Services.

    (c) In addition to other provisions of this Section, the 
Department shall establish a program of information, social 
work services, and legal services for any person age 60 or over 
and any other person who may be in need of a future legal care 
and custody plan who adopt, have adopted, take guardianship of, 
or have taken guardianship of children previously in the 
Department's custody. This program shall also assist families 
of deceased adoptive parents and guardians. As part of the 
program, the Department shall:

        (1) Develop a protocol for identification of persons 
    age 60 or over and others who may be in need of future care 
    and custody plans, including ill caregivers, who are 
    adoptive parents, prospective adoptive parents, guardians, 
    or prospective guardians of children who are or have been 
    in Department custody.

        (2) Provide outreach to caregivers before and after 
    adoption and guardianship, and to the families of deceased 
    caregivers, regarding Illinois legal options for future 
    care and custody of children.

        (3) Provide training for Department and private agency 
    staff on methods of assisting  caregivers before and after 
    adoption and guardianship, and the families of older and 
    ill caregivers, who wish to make future care and custody 
    plans for children who have been wards of the Department 
    and who are or will be adopted by or are or will become 
    wards of those caregivers.

        (4) Ensure that all caregivers age 60 or over who will 
    adopt or will become guardians of children previously in 
    Department  custody have specifically designated future 
    caregivers for children in their care. The Department shall 
    document this designation, and the Department shall also 
    document acceptance of this responsibility by any future 
    caregiver.  Documentation of future care designation shall 
    be included in each child's case file and adoption or 
    guardianship subsidy files as applicable to the child.

        (5) Ensure that any designated future caregiver and the 
    family of a deceased caregiver have information on the 
    financial needs of the child and future resources that may 
    be available to support the child, including any adoption 
    assistance and subsidized guardianship for which the child 
    is or may be eligible.

        (6) With respect to programs of social work and legal 
    services:

            (i) Provide contracted social work services to 
        older and ill caregivers, and the families of deceased 
        caregivers, including those who will or have adopted or 
        will take or have taken guardianship of children 
        previously in Department custody. Social work services 
        to caregivers will have the goal of securing a future 
        care and custody plan for children in their care. Such 
        services will include providing information to the 
        caregivers and families on standby guardianship, 
        guardianship, standby adoption, and adoption.  The 
        Department will assist the caregiver in developing a 
        plan for the child if the caregiver becomes 
        incapacitated or terminally ill, or dies while the 
        child is a minor.  The Department shall develop a form 
        to document the information given to caregivers and to 
        document plans for future custody, in addition to the 
        documentation described in subsection  (b) (4).  This 
        form shall be included in each child's case file and 
        adoption or guardianship subsidy files as applicable 
        to the child.

            (ii) Through a program of contracted legal 
        services, assist older and ill caregivers, and the 
        families of deceased caregivers, with the goal of 
        securing court-ordered future care and custody plans 
        for children in their care.  Court-ordered future care 
        and custody plans may include: standby guardianship, 
        successor guardianship, standby adoption, and 
        successor adoption. The program will also study ways in 
        which to provide timely and cost-effective legal 
        services to older and ill caregivers, and to families 
        of deceased caregivers in order to ensure permanency 
        for children in their care.

        (7) Ensure that future caregivers designated by 
    adoptive parents or guardians, and the families of deceased 
    caregivers, understand their rights and potential 
    responsibilities and shall be able to provide adequate 
    support and education for children who may become their 
    legal responsibility.

        (8) Ensure that future caregivers designated by 
    adoptive parents and guardians, and the families of 
    deceased caregivers, understand the problems of children 
    who have experienced multiple caregivers and who may have 
    experienced abuse, neglect, or abandonment or may have been 
    born to substance-abusing mothers.

        (9) Ensure that future caregivers designated by 
    adoptive parents and guardians, and the families of 
    deceased caregivers, understand the problems experienced 
    by older and ill caregivers of children, including children 
    with special needs, such as financial stress due to limited 
    income and increased financial responsibility, emotional 
    difficulties associated with the loss of a child's parent 
    or the child's unique behaviors, the special needs of a 
    child who may come into their custody or whose parent or 
    guardian is already deceased, and decreased physical 
    stamina and a higher rate of chronic illness and other 
    health concerns.

        (10) Provide additional services as needed to families 
    in which a designated caregiver appointed by the court or a 
    caregiver designated in a will or other legal document 
    cannot or will not fulfill the responsibilities as adoptive 
    parent, guardian, or legal custodian of the child.

    (d) The Department shall consult with the Department on 
Aging and any other agency it deems appropriate as the 
Department develops the program required by subsection (c).

    (e) Rulemaking authority to implement this amendatory Act 
of the 95th General Assembly, if any, is conditioned on the 
rules being adopted in accordance with all provisions of the 
Illinois Administrative Procedure Act and all rules and 
procedures of the Joint Committee on Administrative Rules; any 
purported rule not so adopted, for whatever reason, is 
unauthorized.

(Source: P.A. 88-229; 88-670, eff. 12-2-94; 89-507, eff. 
7-1-97.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.