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| Public Act 099-0344 | ||||
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AN ACT concerning children.
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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 1. Short title. This Act may be cited as the Foster | ||||
Children's Bill of Rights Act. | ||||
Section 5. Foster Children's Bill of Rights. It is the | ||||
policy of this State that every child and
adult in the care of | ||||
the Department of Children and Family Services who is placed in | ||||
foster care shall have the following rights: | ||||
(1) To live in a safe, healthy, and comfortable home | ||||
where he or
she is treated with respect. | ||||
(2) To be free from physical, sexual, emotional, or | ||||
other abuse,
or corporal punishment. | ||||
(3) To receive adequate and healthy food, adequate | ||||
clothing, and,
for youth in group homes, residential | ||||
treatment facilities, and foster homes, an allowance. | ||||
(4) To receive medical, dental, vision, and mental | ||||
health
services. | ||||
(5) To be free of the administration of medication or | ||||
chemical
substances, unless authorized by a physician. | ||||
(6) To contact family members, unless prohibited by | ||||
court order,
and social workers, attorneys, foster youth | ||||
advocates and supporters,
Court Appointed Special | ||||
Advocates (CASAs), and probation officers. | ||
(7) To visit and contact brothers and sisters, unless | ||
prohibited
by court order. | ||
(8) To contact the Advocacy Office for Children and | ||
Families established under the Children and Family | ||
Services Act or the Department of Children and Family | ||
Services' Office of the Inspector General regarding | ||
violations of rights, to speak to representatives of these
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offices confidentially, and to be free from threats or | ||
punishment for
making complaints. | ||
(9) To make and receive confidential telephone calls | ||
and send and
receive unopened mail, unless prohibited by | ||
court order.
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(10) To attend religious services and activities of his | ||
or her
choice.
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(11) To maintain an emancipation bank account and | ||
manage personal
income, consistent with the child's age and | ||
developmental level,
unless prohibited by the case plan. | ||
(12) To not be locked in a room, building, or facility | ||
premises,
unless placed in a secure child care facility | ||
licensed by the Department of Children and Family Services | ||
under the Child Care Act of 1969 and placed pursuant to | ||
Section 2-27.1 of the Juvenile Court Act of 1987. | ||
(13) To attend school and participate in | ||
extracurricular,
cultural, and personal enrichment | ||
activities, consistent with the
child's age and | ||
developmental level, with minimal disruptions to
school | ||
attendance and educational stability. | ||
(14) To work and develop job skills at an | ||
age-appropriate level,
consistent with State law. | ||
(15) To have social contacts with people outside of the | ||
foster
care system, including teachers, church members, | ||
mentors, and
friends. | ||
(16) If he or she meets age requirements, to attend | ||
services and programs operated by the Department of | ||
Children and Family Services or any other appropriate State | ||
agency that aim to help current and former foster youth | ||
achieve self-sufficiency prior to and after leaving foster | ||
care. | ||
(17) To attend court hearings and speak to the judge. | ||
(18) To have storage space for private use. | ||
(19) To be involved in the development of his or her | ||
own case plan
and plan for permanent placement. | ||
(20) To review his or her own case plan and plan for | ||
permanent
placement, if he or she is 12 years of age or | ||
older and in a
permanent placement, and to receive | ||
information about his or her
out-of-home placement and case | ||
plan, including being told of changes
to the case plan. | ||
(21) To be free from unreasonable searches of personal | ||
belongings. | ||
(22) To the confidentiality of all juvenile court | ||
records
consistent with existing law. | ||
(23) To have fair and equal access to all available | ||
services,
placement, care, treatment, and benefits, and to | ||
not be subjected to
discrimination or harassment on the | ||
basis of actual or perceived
race, ethnic group | ||
identification, ancestry, national origin, color,
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religion, sex, sexual orientation, gender identity, mental | ||
or
physical disability, or HIV status. | ||
(24) To have caregivers and child welfare personnel who | ||
have received sensitivity training and instruction on | ||
matters concerning race, ethnicity, national origin, | ||
color, ancestry, religion, mental and physical disability, | ||
and HIV status. | ||
(25) To have caregivers and child welfare personnel who | ||
have
received instruction on cultural competency and | ||
sensitivity relating
to, and best practices for, providing | ||
adequate care to lesbian, gay,
bisexual, and transgender | ||
youth in out-of-home care. | ||
(26) At 16 years of age or older, to have access to | ||
existing
information regarding the educational options | ||
available, including,
but not limited to, the coursework | ||
necessary for vocational and
postsecondary educational | ||
programs, and information regarding
financial aid for | ||
postsecondary education. | ||
(27) To have access to age-appropriate, medically | ||
accurate
information about reproductive health care, the | ||
prevention of
unplanned pregnancy, and the prevention and | ||
treatment of sexually
transmitted infections at 12 years of | ||
age or older.
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(28) To receive a copy of this Act from and have it | ||
fully explained by the Department of Children and Family | ||
Services when the child or adult is placed in the care of | ||
the Department of Children and Family Services. | ||
Section 10. Foster care provider. Nothing in this Act shall | ||
be interpreted to require a
foster care provider to take any | ||
action that would impair the health
and safety of children in | ||
out-of-home placement.
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