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Public Act 096-0760
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| SB0807 Enrolled |
LRB096 06879 DRJ 16965 b |
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AN ACT concerning children.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Children and Family Services Act is amended |
by changing Sections 5, 5a, and 9.9 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 19 who:
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(A) were committed to the Department pursuant to |
the
Juvenile Court Act or the Juvenile Court Act of |
1987, as amended, prior to
the age of 18 and who |
continue under the jurisdiction of the court; or
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(B) were accepted for care, service and training by
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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 |
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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) Nothing in this Section shall be construed to authorize |
the
expenditure of public funds for the purpose of performing |
abortions.
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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 |
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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
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 |
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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 alcohol
and drug abuse screening techniques |
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 to an alcohol and drug abuse treatment program for
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professional evaluation.
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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 |
ward and that no
licensed private facility has an adequate and |
appropriate program or none
agrees to accept the ward, the |
Department shall create an appropriate
individualized, |
program-oriented plan for such ward. 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 physically or mentally |
handicapped, older and other hard-to-place
children who (i) |
immediately prior to their adoption were legal wards of
the |
Department
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 |
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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 wards of the Department for 12 months immediately
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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 |
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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) Before July 1, 2000, the Department may provide, and |
beginning
July 1, 2000, the Department shall
offer family |
preservation services, as defined in Section 8.2 of the Abused
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and
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.
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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.
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The Department shall notify the child and his family of the
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Department's
responsibility to offer and provide family |
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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 |
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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. A minor charged with a criminal |
offense under the Criminal
Code of 1961 or adjudicated |
delinquent shall not be placed in the custody of or
committed |
to the Department by any court, except a minor less than 15 |
years
of age committed to the Department under Section 5-710 of |
the Juvenile Court
Act
of 1987 or a minor for whom an |
independent basis of abuse, neglect, or dependency exists, |
which must be defined by departmental rule. 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.
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(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
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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
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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 |
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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
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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
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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 |
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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;
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(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;
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(8) placement of siblings.
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(m) The Department may assume temporary custody of any |
child if:
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(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
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(2) the child is found in the State and neither a |
parent,
guardian nor custodian of the child can be located.
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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 |
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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
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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.
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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
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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
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1987.
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The Department shall ensure that any child taken into |
custody
is scheduled for an appointment for a medical |
examination.
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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
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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.
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(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. |
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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
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child is a ward who was placed under 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.
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(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
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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 |
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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, garnishment or
otherwise.
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(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. Children |
who are wards of the Department and
are placed by private child |
welfare agencies, and foster families with whom
those children |
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 |
insure that any private child welfare
agency, which accepts |
wards of the Department for placement, affords those
rights to |
children and foster families. The Department shall accept for
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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.
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(p) There is hereby created the Department of Children and |
Family
Services Emergency Assistance Fund from which the |
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Department may provide
special financial assistance to |
families which are in economic crisis when
such assistance is |
not available through other public or private sources
and the |
assistance is deemed necessary to prevent dissolution of the |
family
unit or to reunite families which have been separated |
due to child abuse and
neglect. The Department shall establish |
administrative rules specifying
the criteria for determining |
eligibility for and the amount and nature of
assistance to be |
provided. The Department may also enter into written
agreements |
with private and public social service agencies to provide
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emergency financial services to families referred by the |
Department.
Special financial assistance payments shall be |
available to a family no
more than once during each fiscal year |
and the total payments to a
family may not exceed $500 during a |
fiscal year.
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(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.
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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 |
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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.
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In disbursing funds from children's accounts, the |
Department
shall:
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(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.
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(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.
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(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.
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(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 or handicapped child and the names of such
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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.
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(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
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party coverage for such foster parents with regard to actions |
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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.
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(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 or in a licensed foster home,
group |
|
home, 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
Department of State Police Law (20 ILCS 2605/2605-355)
|
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 |
Department of 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 Department of 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 |
Department of
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. |
(Source: P.A. 94-215, eff. 1-1-06; 94-1010, eff. 10-1-06; |
95-10, eff. 6-30-07; 95-601, eff. 9-11-07; 95-642, eff. 6-1-08; |
95-876, eff. 8-21-08.)
|
(20 ILCS 505/5a) (from Ch. 23, par. 5005a)
|
Sec. 5a.
Reimbursable services for which the Department of |
Children and
Family Services shall pay 100% of the reasonable |
cost pursuant to a written
contract negotiated between the |
Department and the agency furnishing the
services (which shall |
include but not be limited to the determination of
reasonable |
|
cost, the services being purchased and the duration of the
|
agreement) include, but are not limited to:
|
SERVICE ACTIVITIES
|
Adjunctive Therapy;
|
Child Care Service, including day care;
|
Clinical Therapy;
|
Custodial Service;
|
Field Work Students;
|
Food Service;
|
Normal Education;
|
In-Service Training;
|
Intake or Evaluation, or both;
|
Medical Services;
|
Recreation;
|
Social Work or Counselling, or both;
|
Supportive Staff;
|
Volunteers.
|
OBJECT EXPENSES
|
Professional Fees and Contract Service Payments;
|
Supplies;
|
Telephone and Telegram;
|
Occupancy;
|
Local Transportation;
|
Equipment and Other Fixed Assets, including amortization
|
|
of same;
|
Miscellaneous.
|
ADMINISTRATIVE COSTS
|
Program Administration;
|
Supervision and Consultation;
|
Inspection and Monitoring for purposes of issuing
|
licenses;
|
Determination of Children who are eligible
|
for federal or other reimbursement;
|
Postage and Shipping;
|
Outside Printing, Artwork, etc.;
|
Subscriptions and Reference Publications;
|
Management and General Expense.
|
Reimbursement of administrative costs other than inspection |
and monitoring
for purposes of issuing licenses may not exceed |
20% of the costs
for other services.
|
The Department may offer services to any child or family |
with respect to whom a report of suspected child abuse or |
neglect has been called in to the hotline after completion of a |
family assessment as provided under subsection (a-5) of Section |
7.4 of the Abused and Neglected Child Reporting Act and the |
Department has determined that services are needed to address |
the safety of the child and other family members and the risk |
of subsequent maltreatment. Acceptance of such services shall |
be voluntary. |
|
All Object Expenses, Service Activities and Administrative
|
Costs are allowable.
|
If a survey instrument is used in the rate setting process:
|
(a) with respect to any day care centers, it shall be |
limited to those
agencies which receive reimbursement from |
the State;
|
(b) the cost survey instrument shall be promulgated by |
rule;
|
(c) any requirements of the respondents shall be |
promulgated by rule;
|
(d) all screens, limits or other tests of |
reasonableness, allowability
and reimbursability shall be |
promulgated by rule;
|
(e) adjustments may be made by the Department to rates |
when it determines
that reported wage and salary levels are |
insufficient to attract capable
caregivers in sufficient |
numbers.
|
The Department of Children and Family Services may pay 100% |
of the
reasonable costs of research and valuation
focused |
exclusively on services to wards of the Department. Such |
research projects must be approved, in advance, by
the Director |
of the Department.
|
In addition to reimbursements otherwise provided for in |
this Section,
the Department of Human Services shall, in |
accordance with annual written
agreements, make
advance |
quarterly disbursements to local public agencies for child day |
|
care
services with funds appropriated from the Local Effort Day |
Care Fund.
|
Neither the Department of Children and Family Services nor |
the
Department of Human Services shall pay or approve |
reimbursement for
day care in a facility which is operating |
without a valid license or permit,
except in the case of day |
care homes or day care centers which are exempt from
the |
licensing requirements of the "Child Care Act of 1969".
|
(Source: P.A. 89-507, eff. 7-1-97.)
|
(20 ILCS 505/9.9) (from Ch. 23, par. 5009.9)
|
Sec. 9.9. Review under Administrative Review Law. Any |
responsible parent
or guardian affected by a final |
administrative decision of the Department
in a hearing, |
conducted pursuant to this Act, may have the decision reviewed
|
only under and in accordance with the Administrative Review Law |
as amended.
The provisions of the Administrative Review Law, |
and the rules adopted pursuant
thereto, shall apply to and |
govern all proceedings for the judicial review
of such final |
administrative decisions of the Department. The term |
"administrative
decision", is defined as in Section 3-101 of |
the Code of Civil Procedure.
|
Review of a final administrative decision under the |
Administrative Review Law is not applicable to a decision to |
conduct a family assessment as provided under subsection (a-5) |
of Section 7.4 of the Abused and Neglected Child Reporting Act |
|
because no determination concerning child abuse or neglect is |
made and nothing is reported to the central register. |
Appeals from all final orders and judgments entered by a |
court upon review
of the Department's orders in any case may be |
taken by either party to the
proceeding and shall be governed |
by the rules applicable to appeals in civil cases.
|
The remedy herein provided for appeal shall be exclusive, |
and no court
shall have jurisdiction to review the subject |
matter of any order made by
the Department except as herein |
provided.
|
(Source: P.A. 83-1037.)
|
Section 10. The Abused and Neglected Child Reporting Act is |
amended by changing Sections 7.4 and 11.6 as follows:
|
(325 ILCS 5/7.4) (from Ch. 23, par. 2057.4)
|
Sec. 7.4. (a) The Department shall be capable of receiving |
reports of
suspected child abuse or neglect 24 hours a day, 7 |
days a week. Whenever
the Department receives a report alleging |
that a child is a
truant as defined in Section 26-2a of The |
School Code, as now or hereafter
amended, the Department shall |
notify the superintendent of the school
district in which the |
child resides and the appropriate superintendent of
the |
educational service region. The notification to the |
appropriate
officials by the Department shall not be considered |
an allegation of abuse
or neglect under this Act.
|
|
(a-5) Beginning January 1, 2010, the Department of Children |
and Family Services may implement a 5-year demonstration of a |
"differential response program" in accordance with criteria, |
standards, and procedures prescribed by rule. The program may |
provide that, upon receiving a report, the Department shall |
determine whether to conduct a family assessment or an |
investigation as appropriate to prevent or provide a remedy for |
child abuse or neglect. |
For purposes of this subsection (a-5), "family assessment" |
means a comprehensive assessment of child safety, risk of |
subsequent child maltreatment, and family strengths and needs |
that is applied to a child maltreatment report that does not |
allege substantial child endangerment. "Family assessment" |
does not include a determination as to whether child |
maltreatment occurred but does determine the need for services |
to address the safety of family members and the risk of |
subsequent maltreatment. |
For purposes of this subsection (a-5), "investigation" |
means fact-gathering related to the current safety of a child |
and the risk of subsequent abuse or neglect that determines |
whether a report of suspected child abuse or neglect should be |
indicated or unfounded and whether child protective services |
are needed. |
Under the "differential response program" implemented |
under this subsection (a-5), the Department: |
(1) Shall conduct an investigation on reports |
|
involving substantial child abuse or neglect. |
(2) Shall begin an immediate investigation if, at any |
time when it is using a family assessment response, it |
determines that there is reason to believe that substantial |
child abuse or neglect or a serious threat to the child's |
safety exists. |
(3) May conduct a family assessment for reports that do |
not allege substantial child endangerment. In determining |
that a family assessment is appropriate, the Department may |
consider issues including, but not limited to, child |
safety, parental cooperation, and the need for an immediate |
response. |
(4) Shall promulgate criteria, standards, and |
procedures that shall be applied in making this |
determination, taking into consideration the Child |
Endangerment Risk Assessment Protocol of the Department. |
(5) May conduct a family assessment on a report that |
was initially screened and assigned for an investigation. |
In determining that a complete investigation is not |
required, the Department must document the reason for |
terminating the investigation and notify the local law |
enforcement agency or the Department of State Police if the |
local law enforcement agency or Department of State Police is |
conducting a joint investigation. |
Once it is determined that a "family assessment" will be |
implemented, the case shall not be reported to the central |
|
register of abuse and neglect reports. |
During a family assessment, the Department shall collect |
any available and relevant information to determine child |
safety, risk of subsequent abuse or neglect, and family |
strengths. |
Information collected includes, but is not limited to, when |
relevant: information with regard to the person reporting the |
alleged abuse or neglect, including the nature of the |
reporter's relationship to the child and to the alleged |
offender, and the basis of the reporter's knowledge for the |
report; the child allegedly being abused or neglected; the |
alleged offender; the child's caretaker; and other collateral |
sources having relevant information related to the alleged |
abuse or neglect. Information relevant to the assessment must |
be asked for, and may include: |
(A) The child's sex and age, prior reports of abuse or |
neglect, information relating to developmental |
functioning, credibility of the child's statement, and |
whether the information provided under this paragraph (A) |
is consistent with other information collected during the |
course of the assessment or investigation. |
(B) The alleged offender's age, a record check for |
prior reports of abuse or neglect, and criminal charges and |
convictions. The alleged offender may submit supporting |
documentation relevant to the assessment. |
(C) Collateral source information regarding the |
|
alleged abuse or neglect and care of the child. Collateral |
information includes, when relevant: (i) a medical |
examination of the child; (ii) prior medical records |
relating to the alleged maltreatment or care of the child |
maintained by any facility, clinic, or health care |
professional, and an interview with the treating |
professionals; and (iii) interviews with the child's |
caretakers, including the child's parent, guardian, foster |
parent, child care provider, teachers, counselors, family |
members, relatives, and other persons who may have |
knowledge regarding the alleged maltreatment and the care |
of the child. |
(D) Information on the existence of domestic abuse and |
violence in the home of the child, and substance abuse. |
Nothing in this subsection (a-5) precludes the Department |
from collecting other relevant information necessary to |
conduct the assessment or investigation. Nothing in this |
subsection (a-5) shall be construed to allow the name or |
identity of a reporter to be disclosed in violation of the |
protections afforded under Section 7.19 of this Act. |
After conducting the family assessment, the Department |
shall determine whether services are needed to address the |
safety of the child and other family members and the risk of |
subsequent abuse or neglect. |
Upon completion of the family assessment, if the Department |
concludes that no services shall be offered, then the case |
|
shall be closed. If the Department concludes that services |
shall be offered, the Department shall develop a family |
preservation plan and offer or refer services to the family. |
At any time during a family assessment, if the Department |
believes there is any reason to stop the assessment and conduct |
an investigation based on the information discovered, the |
Department shall do so. |
The procedures available to the Department in conducting |
investigations under this Act shall be followed as appropriate |
during a family assessment. |
The Department shall arrange for an independent evaluation |
of the "differential response program" authorized and |
implemented under this subsection (a-5) to determine whether it |
is meeting the goals in accordance with Section 2 of this Act. |
The Department may adopt administrative rules necessary for the |
execution of this Section, in accordance with Section 4 of the |
Children and Family Services Act. |
The demonstration conducted under this subsection (a-5) |
shall become a permanent program on January 1, 2015, upon |
completion of the demonstration project period.
|
(b) (1) The following procedures shall be followed in the |
investigation
of all reports of suspected abuse or neglect |
of a child, except as provided
in subsection (c) of this |
Section.
|
(2) If, during a family assessment authorized by |
subsection (a-5) or an investigation, it appears that the |
|
immediate safety or well-being of a child is
endangered, |
that the family may flee or the child disappear, or that |
the
facts otherwise so warrant, the Child Protective |
Service Unit shall
commence an investigation immediately, |
regardless of the time of day or
night. All other |
investigations In all other cases, investigation shall be |
commenced within 24
hours of receipt of the report. Upon |
receipt of a report, the Child
Protective Service Unit |
shall conduct a family assessment authorized by subsection |
(a-5) or begin make an initial investigation and make an |
initial
determination whether the report is a good faith |
indication of alleged
child abuse or neglect.
|
(3) Based on an initial investigation, if If the Unit |
determines the report is a good faith
indication of alleged |
child abuse or neglect, then a formal investigation
shall |
commence and, pursuant to Section 7.12 of this Act, may or |
may not
result in an indicated report. The formal |
investigation shall include:
direct contact with the |
subject or subjects of the report as soon as
possible after |
the report is received; an
evaluation of the environment of |
the child named in the report and any other
children in the |
same environment; a determination of the risk to such
|
children if they continue to remain in the existing |
environments, as well
as a determination of the nature, |
extent and cause of any condition
enumerated in such |
report; the name, age and condition of other children in
|
|
the environment; and an evaluation as to whether there |
would be an
immediate and urgent necessity to remove the |
child from the environment if
appropriate family |
preservation services were provided. After seeing to
the |
safety of the child or children, the Department shall
|
forthwith notify the subjects of the report in writing, of |
the existence
of the report and their rights existing under |
this Act in regard to amendment
or expungement. To fulfill |
the requirements of this Section, the Child
Protective |
Service Unit shall have the capability of providing or |
arranging
for comprehensive emergency services to children |
and families at all times
of the day or night.
|
(4) If (i) at the conclusion of the Unit's initial |
investigation of a
report, the Unit determines the report |
to be a good faith indication of
alleged child abuse or |
neglect that warrants a formal investigation by
the Unit, |
the Department, any law enforcement agency or any other
|
responsible agency and (ii) the person who is alleged to |
have caused the
abuse or neglect is employed or otherwise |
engaged in an activity resulting
in frequent contact with |
children and the alleged abuse or neglect are in
the course |
of such employment or activity, then the Department shall,
|
except in investigations where the Director determines |
that such
notification would be detrimental to the |
Department's investigation, inform
the appropriate |
supervisor or administrator of that employment or activity
|
|
that the Unit has commenced a formal investigation pursuant |
to this Act,
which may or may not result in an indicated |
report. The Department shall also
notify the person being |
investigated, unless the Director determines that
such |
notification would be detrimental to the Department's |
investigation.
|
(c) In an investigation of a report of suspected abuse or |
neglect of
a child by a school employee at a school or on |
school grounds, the
Department shall make reasonable efforts to |
follow the following procedures:
|
(1) Investigations involving teachers shall not, to |
the extent possible,
be conducted when the teacher is |
scheduled to conduct classes.
Investigations involving |
other school employees shall be conducted so as to
minimize |
disruption of the school day. The school employee accused |
of
child abuse or neglect may have his superior, his |
association or union
representative and his attorney |
present at any interview or meeting at
which the teacher or |
administrator is present. The accused school employee
|
shall be informed by a representative of the Department, at |
any
interview or meeting, of the accused school employee's |
due process rights
and of the steps in the investigation |
process.
The information shall include, but need not |
necessarily be limited to the
right, subject to the |
approval of the Department, of the school employee to
|
confront the accuser, if the accuser is 14 years of age or |
|
older, or the
right to review the specific allegations |
which gave rise to the
investigation, and the right to |
review all materials and evidence that have
been submitted |
to the Department in support of the allegation. These due
|
process rights shall also include the right of the school |
employee to
present countervailing evidence regarding the |
accusations.
|
(2) If a report of neglect or abuse of a child by a |
teacher or
administrator does not involve allegations of |
sexual abuse or extreme
physical abuse, the Child |
Protective Service Unit shall make reasonable
efforts to |
conduct the initial investigation in coordination with the
|
employee's supervisor.
|
If the Unit determines that the report is a good faith |
indication of
potential child abuse or neglect, it shall |
then commence a formal
investigation under paragraph (3) of |
subsection (b) of this Section.
|
(3) If a report of neglect or abuse of a child by a |
teacher or
administrator involves an allegation of sexual |
abuse or extreme physical
abuse, the Child Protective Unit |
shall commence an investigation under
paragraph (2) of |
subsection (b) of this Section.
|
(c-5) In any instance in which a report is made or caused |
to made by a school district employee involving the conduct of |
a person employed by the school district, at the time the |
report was made, as required under Section 4 of this Act, the |
|
Child Protective Service Unit shall send a copy of its final |
finding report to the general superintendent of that school |
district.
|
(d) If the Department has contact with an employer, or with |
a religious
institution or religious official having |
supervisory or hierarchical authority
over a member of the |
clergy accused of the abuse of a child,
in the course of its
|
investigation, the Department shall notify the employer or the |
religious
institution or religious official, in writing, when a
|
report is unfounded so that any record of the investigation can |
be expunged
from the employee's or member of the clergy's |
personnel or other
records. The Department shall also notify
|
the employee or the member of the clergy, in writing, that |
notification
has been sent to the employer or to the |
appropriate religious institution or
religious official
|
informing the employer or religious institution or religious |
official that
the
Department's investigation has resulted in
an |
unfounded report.
|
(e) Upon request by the Department, the
Department of State |
Police and law enforcement agencies are
authorized to provide |
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 Department of State Police Law (20 |
ILCS
2605/2605-355) to properly
designated
employees of the
|
Department of Children
and Family Services 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
|
request shall be in the form and manner required
by
the |
Department of State Police. Any information obtained by the |
Department of
Children
and Family Services under this Section |
is
confidential and may not be transmitted outside the |
Department of Children
and Family Services other than to a |
court of competent jurisdiction or unless
otherwise authorized |
by law.
Any employee of the Department of Children and Family |
Services who transmits
confidential information in
violation |
of this
Section or causes the information to be
transmitted in |
violation of this Section is guilty of a Class A
misdemeanor |
unless the transmittal of
the
information is
authorized by this |
Section or otherwise authorized by law.
|
(Source: P.A. 95-908, eff. 8-26-08.)
|
(325 ILCS 5/11.6) (from Ch. 23, par. 2061.6)
|
Sec. 11.6.
All final administrative decisions of the |
Department under
this Act are subject to judicial review
under |
the Administrative Review Law, as now or hereafter amended,
and |
the rules adopted pursuant thereto.
The term "administrative |
decision" is defined as in Section 3-101 of the
Code of Civil |
Procedure. |
Review of a final administrative decision under the |
Administrative Review Law is not applicable to a decision to |