| ||||
| Public Act 097-0859 | ||||
| ||||
| ||||
AN ACT concerning children.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Abused and Neglected Child Reporting Act is | ||||
amended by changing Section 8.2 as follows:
| ||||
(325 ILCS 5/8.2) (from Ch. 23, par. 2058.2)
| ||||
Sec. 8.2. If the Child Protective Service Unit determines, | ||||
following
an investigation made pursuant to Section 7.4 of this | ||||
Act, that there is
credible evidence that the child is abused | ||||
or neglected, the Department
shall assess the family's need for | ||||
services, and, as necessary, develop,
with the family, an | ||||
appropriate service plan for the family's voluntary
acceptance | ||||
or refusal. In any case where there is evidence that the
| ||||
perpetrator of the abuse or neglect is an addict or alcoholic | ||||
as defined in
the Alcoholism and Other Drug Abuse and | ||||
Dependency Act, the Department, when
making referrals for drug | ||||
or alcohol abuse services, shall make such referrals
to | ||||
facilities licensed by the Department of Human Services or the | ||||
Department
of Public Health. The Department shall comply with | ||||
Section 8.1 by explaining
its lack of legal authority to compel | ||||
the acceptance of services and may
explain its concomitant | ||||
authority to petition the Circuit court
under the Juvenile | ||||
Court Act of 1987 or refer the case to the local law
| ||||
enforcement authority or State's attorney for criminal | ||
prosecution.
| ||
For purposes of this Act, the term "family preservation | ||
services"
refers to all services
to help families, including | ||
adoptive and extended families. Family
preservation services | ||
shall be
offered, where safe and appropriate,
to prevent the | ||
placement of children in substitute
care when the children can | ||
be cared for at home or in the custody of the
person | ||
responsible for the children's welfare without endangering the
| ||
children's health or safety, to reunite them with their
| ||
families if so placed when reunification
is an appropriate | ||
goal, or to maintain an adoptive placement. The term
| ||
"homemaker" includes emergency caretakers, homemakers, | ||
caretakers,
housekeepers and chore services. The term | ||
"counseling" includes individual
therapy, infant stimulation | ||
therapy, family therapy, group therapy,
self-help groups, drug | ||
and alcohol abuse counseling, vocational counseling
and | ||
post-adoptive services. The term "day care" includes | ||
protective day
care and day care to meet educational, | ||
prevocational or vocational needs.
The term "emergency | ||
assistance and advocacy" includes coordinated services
to | ||
secure emergency cash, food, housing and medical assistance or | ||
advocacy
for other subsistence and family protective needs.
| ||
Before July 1, 2000, appropriate family preservation | ||
services shall, subject
to appropriation, be included in the | ||
service plan if the Department has
determined that those | ||
services will ensure the child's health and safety, are
in the | ||
child's best interests, and will not place the child in | ||
imminent risk of
harm. Beginning July 1, 2000, appropriate | ||
family preservation services shall
be uniformly available | ||
throughout the State. The Department shall promptly
notify | ||
children and families of the Department's responsibility to | ||
offer and
provide family preservation services as identified in | ||
the service plan. Such
plans may include but are not limited | ||
to: case management services; homemakers;
counseling; parent | ||
education; day care; emergency assistance and advocacy
| ||
assessments; respite care; in-home health care; transportation | ||
to obtain any of
the above services; and medical assistance. | ||
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.
| ||
The Department shall provide a preliminary report to the | ||
General
Assembly no later than January 1, 1991, in regard to | ||
the provision of
services authorized pursuant to this Section. | ||
The report shall include:
| ||
(a) the number of families and children served, by type | ||
of services;
| ||
(b) the outcome from the provision of such services, | ||
including the
number of families which remained intact at | ||
least 6 months following the
termination of services;
| ||
(c) the number of families which have been subjects of | ||
founded
reports of abuse following the termination of | ||
services;
| ||
(d) an analysis of general family circumstances in | ||
which family
preservation services have been determined to | ||
be an effective intervention;
| ||
(e) information regarding the number of families in | ||
need of services
but unserved due to budget or program | ||
criteria guidelines;
| ||
(f) an estimate of the time necessary for and the | ||
annual cost of
statewide implementation of such services;
| ||
(g) an estimate of the length of time before expansion | ||
of these
services will be made to include families with | ||
children over the age of 6; and
| ||
(h) recommendations regarding any proposed legislative | ||
changes to
this program.
| ||
Each Department field office shall maintain on a local | ||
basis
directories of services available to children and | ||
families in the local
area where the Department office is | ||
located.
| ||
The Department shall refer children and families served
| ||
pursuant to this Section to private agencies and governmental | ||
agencies,
where available.
| ||
Where there are 2 equal proposals from both a | ||
not-for-profit and a
for-profit agency to provide services, the | ||
Department shall give preference
to the proposal from the | ||
not-for-profit agency.
| ||
No service plan shall compel any child or parent to engage | ||
in any
activity or refrain from any activity which is not | ||
reasonably related to
remedying a condition or conditions that | ||
gave rise or which could give rise
to any finding of child | ||
abuse or neglect.
| ||
(Source: P.A. 96-600, eff. 8-21-09.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||