[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_HB0090
325 ILCS 5/7.3d new
Amends the Abused and Neglected Child Reporting Act.
Requires the Department of Children and Family Services to
require substance abuse assessments of women whose children
have been temporarily removed from their custody. Requires
that the assessments be conducted by licensed programs
selected by the Department of Human Services, as successor to
the Department of Alcoholism and Substance Abuse. If DCFS
has petitioned the court to limit custody, provides that the
licensed program shall report the assessment results and
treatment recommendation to the court, which then may require
treatment participation as a condition precedent to regaining
or retaining custody. If DCFS has not petitioned the court,
permits DCFS to require treatment participation as part of
family preservation efforts.
LRB9000708DJcd
LRB9000708DJcd
1 AN ACT to amend the Abused and Neglected Child Reporting
2 Act by adding Section 7.3d.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Abused and Neglected Child Reporting Act
6 is amended by adding Section 7.3d as follows:
7 (325 ILCS 5/7.3d new)
8 Sec. 7.3d. Assessments and referrals of
9 substance-abusing women with children.
10 (a) The Department of Human Services, as successor to
11 the Department of Alcoholism and Substance Abuse, shall
12 select licensed programs to conduct assessments, referrals,
13 and monitoring of treatment outcomes for substance-abusing
14 women with children involved with the Department system. The
15 licensed programs shall utilize a standardized assessment
16 protocol developed by the Department of Human Services. The
17 Department of Human Services shall ensure that assessments,
18 referrals, and monitoring are conducted in compliance with
19 federal regulations governing the confidentiality of drug and
20 alcohol treatment records.
21 (b) If the Department petitions the court under the
22 Juvenile Court Act of 1987 to temporarily remove the child
23 from the mother's custody or to take other action, the
24 Department shall require a substance abuse assessment by one
25 of the licensed programs selected by the Department of Human
26 Services. The licensed program shall report to the court the
27 results of the assessment and recommend whether the woman
28 should be placed in treatment. The court may require the
29 woman to participate in treatment in order to regain or
30 retain custody of her child. In evaluating compliance with
31 court-ordered treatment, the court shall give consideration
-2- LRB9000708DJcd
1 to the woman's ability to pay for treatment as well as the
2 availability of and access to the treatment recommended. If
3 the woman elects to participate in alcohol or drug treatment,
4 the licensed program selected by the Department of Human
5 Services shall refer the woman to an appropriate service
6 provider. Nothing contained in this Section shall prohibit
7 the licensed program performing the assessment from referring
8 the woman to one of its programs if that placement is
9 appropriate.
10 The service provider shall develop a case management plan
11 for the woman's substance abuse treatment and other related
12 needs. The service provider shall monitor the woman's
13 compliance with and progress in treatment. The service
14 provider shall obtain appropriate client consent in
15 accordance with federal confidentiality laws to disclose this
16 information to the Department, the court, and attorneys
17 involved in the case.
18 (c) If the Department does not petition the court, but
19 instead opens the case, the Department shall notify one of
20 the licensed programs selected by the Department of Human
21 Services to conduct a substance abuse assessment. This
22 licensed program shall report to the Department the results
23 of the assessment and recommend whether the woman should be
24 placed in treatment. The Department may require the woman to
25 participate in treatment as part of the Department's family
26 preservation efforts. The licensed program selected by the
27 Department of Human Services shall refer the woman to an
28 appropriate service provider. Nothing contained in this
29 Section shall prohibit the licensed program performing the
30 assessment from referring the woman to one of its programs if
31 placement is appropriate.
32 The service provider, in cooperation with the Department
33 caseworker, shall develop a case management plan for the
34 woman's substance abuse treatment and other related needs.
-3- LRB9000708DJcd
1 The service provider shall monitor the woman's compliance
2 with progress in treatment and report back to the Department
3 on her progress in treatment. The service provider shall
4 obtain appropriate client consent in accordance with federal
5 confidentiality laws to disclose this information to the
6 Department.