[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] |
90_SB0780enr
20 ILCS 505/7 from Ch. 23, par. 5007
20 ILCS 505/7.7
750 ILCS 50/15.1 from Ch. 40, par. 1519.1
Amends the Children and Family Services Act. Provides
that in placing a child under the Act, DCFS shall consider
the desirability of permanent placement for the child, and
there is a presumption that the child's best interests are
for permanent placement rather than temporary placements. In
the Section on limiting multiple placements, provides that in
determining a child's best interests, DCFS shall give due,
not sole, consideration to the child's race or ethnic
heritage in making a family foster care placement. Amends the
Adoption Act; provides that in determining a child's best
interest, the court and the child's guardian with the power
to consent to adoption shall not give the child's race or
ethnic heritage priority over other relevant factors.
Effective immediately.
LRB9001474DJcc
SB780 Enrolled LRB9001474DJcc
1 AN ACT concerning the placement of children, amending
2 named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Children and Family Services Act is
6 amended by changing Sections 5, 7, and 7.7 and adding Section
7 7.5 as follows:
8 (20 ILCS 505/5) (from Ch. 23, par. 5005)
9 (Text of Section before amendment by P.A. 89-507)
10 Sec. 5. To provide direct child welfare services when
11 not available through other public or private child care or
12 program facilities.
13 (a) For purposes of this Section:
14 (1) "Children" means persons found within the State
15 who are under the age of 18 years. The term also
16 includes persons under age 19 who:
17 (A) were committed to the Department pursuant
18 to the Juvenile Court Act or the Juvenile Court Act
19 of 1987, as amended, prior to the age of 18 and who
20 continue under the jurisdiction of the court; or
21 (B) were accepted for care, service and
22 training by the Department prior to the age of 18
23 and whose best interest in the discretion of the
24 Department would be served by continuing that care,
25 service and training because of severe emotional
26 disturbances, physical disability, social adjustment
27 or any combination thereof, or because of the need
28 to complete an educational or vocational training
29 program.
30 (2) "Homeless youth" means persons found within the
31 State who are under the age of 19, are not in a safe and
SB780 Enrolled -2- LRB9001474DJcc
1 stable living situation and cannot be reunited with their
2 families.
3 (3) "Child welfare services" means public social
4 services which are directed toward the accomplishment of
5 the following purposes:
6 (A) protecting and promoting the welfare of
7 children, including homeless, dependent or neglected
8 children;
9 (B) preventing or remedying, or assisting in
10 the solution of problems which may result in, the
11 neglect, abuse, exploitation or delinquency of
12 children;
13 (C) preventing the unnecessary separation of
14 children from their families by identifying family
15 problems, assisting families in resolving their
16 problems, and preventing the breakup of the family
17 where the prevention of child removal is desirable
18 and possible;
19 (D) restoring to their families children who
20 have been removed, by the provision of services to
21 the child and the families;
22 (E) placing children in suitable adoptive
23 homes, in cases where restoration to the biological
24 family is not possible or appropriate;
25 (F) assuring adequate care of children away
26 from their homes, in cases where the child cannot be
27 returned home or cannot be placed for adoption;
28 (G) providing supportive services and living
29 maintenance which contribute to the physical,
30 emotional and social well-being of children who are
31 pregnant and unmarried;
32 (H) providing shelter and independent living
33 services for homeless youth; and
34 (I) placing and maintaining children in
SB780 Enrolled -3- LRB9001474DJcc
1 facilities that provide separate living quarters for
2 children under the age of 18 and for children 18
3 years of age and older, unless a child 18 years of
4 age is in the last year of high school education or
5 vocational training, in an approved individual or
6 group treatment program, or in a licensed shelter
7 facility. The Department is not required to place
8 or maintain children:
9 (i) who are in a foster home, or
10 (ii) who are persons with a developmental
11 disability, as defined in the Mental Health and
12 Developmental Disabilities Code, or
13 (iii) who are female children who are
14 pregnant, pregnant and parenting or parenting,
15 or
16 (iv) who are siblings,
17 in facilities that provide separate living quarters
18 for children 18 years of age and older and for
19 children under 18 years of age.
20 (b) Nothing in this Section shall be construed to
21 authorize the expenditure of public funds for the purpose of
22 performing abortions.
23 (c) The Department shall establish and maintain
24 tax-supported child welfare services and extend and seek to
25 improve voluntary services throughout the State, to the end
26 that services and care shall be available on an equal basis
27 throughout the State to children requiring such services.
28 (d) The Director may authorize advance disbursements for
29 any new program initiative to any agency contracting with the
30 Department. As a prerequisite for an advance disbursement,
31 the contractor must post a surety bond in the amount of the
32 advance disbursement and have a purchase of service contract
33 approved by the Department. The Department may pay up to 2
34 months operational expenses in advance. The amount of the
SB780 Enrolled -4- LRB9001474DJcc
1 advance disbursement shall be prorated over the life of the
2 contract or the remaining months of the fiscal year,
3 whichever is less, and the installment amount shall then be
4 deducted from future bills. Advance disbursement
5 authorizations for new initiatives shall not be made to any
6 agency after that agency has operated during 2 consecutive
7 fiscal years. The requirements of this Section concerning
8 advance disbursements shall not apply with respect to the
9 following: payments to local public agencies for child day
10 care services as authorized by Section 5a of this Act; and
11 youth service programs receiving grant funds under Section
12 17a-4.
13 (e) For the purpose of insuring effective state-wide
14 planning, development, and utilization of resources for the
15 day care of children, operated under various auspices, the
16 Department is hereby designated to coordinate all day care
17 activities for children of the State and shall:
18 (1) Develop on or before December 1, 1977, and
19 update every year thereafter, a state comprehensive
20 day-care plan for submission to the Governor which
21 identifies high-priority areas and groups, relating them
22 to available resources, and identifying the most
23 effective approaches to the use of existing day care
24 services. The State comprehensive day-care plan shall be
25 made available to the General Assembly following the
26 Governor's approval of the plan.
27 The plan shall include methods and procedures for
28 the development of additional day care resources for
29 children to meet the goal of reducing short-run and
30 long-run dependency and to provide necessary enrichment
31 and stimulation to the education of young children.
32 Recommendation shall be made for State policy on optimum
33 use of private and public, local, state and federal
34 resources, including an estimate of the resources needed
SB780 Enrolled -5- LRB9001474DJcc
1 for the licensing and regulation of day care facilities.
2 A written report shall be submitted to the Governor
3 and the General Assembly, annually, on April 15, and
4 shall include an evaluation of developments over the
5 preceding fiscal year, including cost-benefit analyses of
6 various arrangements. Beginning with the report in 1990
7 and every 2 years thereafter, the report shall also
8 include the following:
9 (A) An assessment of the child care services,
10 needs and available resources throughout the State
11 and an assessment of the adequacy of existing child
12 care services, including, but not limited to,
13 services assisted under this Act and under any other
14 program administered by other State agencies.
15 (B) A survey of day care facilities to
16 determine the number of qualified caregivers, as
17 defined by rule, attracted to vacant positions and
18 any problems encountered by facilities in attracting
19 and retaining capable caregivers.
20 (C) The average wages and salaries and fringe
21 benefit packages paid to caregivers throughout the
22 State, computed on a regional basis.
23 (D) The qualifications of new caregivers hired
24 at licensed day care facilities during the previous
25 2 year period.
26 (E) Recommendations for increasing caregiver
27 wages and salaries to insure quality care for
28 children.
29 (F) Evaluation of the fee structure and income
30 eligibility for child care subsidized by the State.
31 The requirement for reporting to the General
32 Assembly shall be satisfied by filing copies of the
33 report with the Speaker, the Minority Leader and the
34 Clerk of the House of Representatives and the President,
SB780 Enrolled -6- LRB9001474DJcc
1 the Minority Leader and the Secretary of the Senate and
2 the Legislative Research Unit, as required by Section 3.1
3 of the General Assembly Organization Act, and filing such
4 additional copies with the State Government Report
5 Distribution Center for the General Assembly as is
6 required under paragraph (t) of Section 7 of the State
7 Library Act.
8 (2) Establish policies and procedures for
9 developing and implementing interagency agreements with
10 other agencies of the State providing child care services
11 or reimbursement for such services.
12 (3) In cooperation with other State agencies,
13 develop and implement a resource and referral system for
14 the State of Illinois either within the Department or by
15 contract with local or regional agencies. Funding for
16 implementation of this system may be provided through
17 Department appropriations or other inter-agency funding
18 arrangements. The resource and referral system shall
19 provide at least the following services:
20 (A) assembling and maintaining a data base on
21 the supply of child care services;
22 (B) providing information and referrals for
23 parents;
24 (C) coordinating the development of new child
25 care resources;
26 (D) providing technical assistance and
27 training to child care service providers; and
28 (E) recording and analyzing the demand for
29 child care services.
30 The Department shall complete implementation of this
31 resource and referral system in all regions of the State
32 by January 1, 1992.
33 (4) Conduct day care planning activities with the
34 following priorities:
SB780 Enrolled -7- LRB9001474DJcc
1 (A) development of voluntary day care
2 resources wherever possible, with the provision for
3 grants-in-aid only where demonstrated to be useful
4 and necessary as incentives or supports;
5 (B) emphasis on service to children of
6 recipients of public assistance where such service
7 will allow training or employment of the parent
8 toward achieving the goal of independence;
9 (C) maximum employment of recipients of public
10 assistance in day care centers and day care homes,
11 operated in conjunction with short-term work
12 training programs;
13 (D) care of children from families in stress
14 and crises whose members potentially may become, or
15 are in danger of becoming, non-productive and
16 dependent;
17 (E) expansion of family day care facilities
18 wherever possible;
19 (F) location of centers in economically
20 depressed neighborhoods, preferably in multi-service
21 centers with cooperation of other agencies;
22 (G) use of existing facilities free of charge
23 or for reasonable rental wherever possible in lieu
24 of construction;
25 (H) development of strategies for assuring a
26 more complete range of day care options, including
27 provision of day care services in homes, in schools
28 or in centers, which will enable a parent or parents
29 to complete a course of education or obtain or
30 maintain employment.
31 Emphasis shall be given to support services which
32 will help to ensure such parents' graduation from high
33 school and to services for participants in the Project
34 Chance program of job training conducted by the Illinois
SB780 Enrolled -8- LRB9001474DJcc
1 Department of Public Aid.
2 (5) Actively stimulate the development of public
3 and private resources at the local level. It shall also
4 seek the fullest utilization of federal funds directly or
5 indirectly available to the Department.
6 Where appropriate, existing non-governmental agencies or
7 associations shall be involved in planning by the Department.
8 (f) The Department, pursuant to a contract with the
9 Illinois Department of Public Aid, may provide child care
10 services to former recipients of assistance under The
11 Illinois Public Aid Code as authorized by Section 9-6.3 of
12 that Code.
13 (g) The Department shall establish rules and regulations
14 concerning its operation of programs designed to meet the
15 goals of child protection, family preservation, family
16 reunification, adoption and youth development, including but
17 not limited to:
18 (1) adoption;
19 (2) foster care;
20 (3) family counseling;
21 (4) protective services;
22 (5) service to unwed mothers;
23 (6) homemaker service;
24 (7) return of runaway children;
25 (8) independent living skills and shelter for
26 homeless youth;
27 (9) placement under Section 5-7 of the Juvenile
28 Court Act or Section 2-27, 3-28, 4-25 or 5-29 of the
29 Juvenile Court Act of 1987 in accordance with the federal
30 Adoption Assistance and Child Welfare Act of 1980; and
31 (10) interstate services.
32 Rules and regulations established by the Department shall
33 include provisions for training Department staff and the
34 staff of Department grantees, through contracts with other
SB780 Enrolled -9- LRB9001474DJcc
1 agencies or resources, in alcohol and drug abuse screening
2 techniques to identify children and adults who should be
3 referred to an alcohol and drug abuse treatment program for
4 professional evaluation.
5 (h) If the Department finds that there is no appropriate
6 program or facility within or available to the Department for
7 a ward and that no licensed private facility has an adequate
8 and appropriate program or none agrees to accept the ward,
9 the Department shall create an appropriate individualized,
10 program-oriented plan for such ward. The plan may be
11 developed within the Department or through purchase of
12 services by the Department to the extent that it is within
13 its statutory authority to do.
14 (i) Service programs shall be available throughout the
15 State and shall include but not be limited to the following
16 services:
17 (1) case management;
18 (2) homemakers;
19 (3) counseling;
20 (4) parent education;
21 (5) day care; and
22 (6) emergency assistance and advocacy.
23 In addition, the following services may be made available
24 to assess and meet the needs of children and families:
25 (1) comprehensive family-based services;
26 (2) assessments;
27 (3) respite care; and
28 (4) in-home health services.
29 The Department shall provide transportation for any of
30 the services it makes available to children or families or
31 for which it refers children or families.
32 (j) The Department may provide financial assistance, and
33 shall establish rules and regulations concerning such
34 assistance, to persons who adopt physically or mentally
SB780 Enrolled -10- LRB9001474DJcc
1 handicapped, older and other hard-to-place children who
2 immediately prior to their adoption were legal wards of the
3 Department. The Department may also provide financial
4 assistance, and shall establish rules and regulations for
5 such assistance, to persons appointed guardian of the person
6 under Section 5-7 of the Juvenile Court Act or Section 2-27,
7 3-28, 4-25 or 5-29 of the Juvenile Court Act of 1987 for
8 children who were wards of the Department for 12 months
9 immediately prior to the appointment of the successor
10 guardian and for whom the Department has set a goal of
11 permanent family placement with a foster family.
12 The amount of assistance may vary, depending upon the
13 needs of the child and the adoptive parents, but must be at
14 least $25 less than the monthly cost of care of the child in
15 a foster home, as set forth in the annual assistance
16 agreement. Special purpose grants are allowed where the
17 child requires special service but such costs may not exceed
18 the amounts which similar services would cost the Department
19 if it were to provide or secure them as guardian of the
20 child.
21 Any financial assistance provided under this subsection
22 is inalienable by assignment, sale, execution, attachment,
23 garnishment, or any other remedy for recovery or collection
24 of a judgment or debt.
25 (k) The Department shall accept for care and training
26 any child who has been adjudicated neglected or abused, or
27 dependent committed to it pursuant to the Juvenile Court Act
28 or the Juvenile Court Act of 1987.
29 (l) Before July 1, 2000, the Department may provide, and
30 beginning July 1, 2000, the Department shall provide, family
31 preservation services, as determined to be appropriate and in
32 the child's best interests and when the child will not be in
33 imminent risk of harm, to any family whose child has been
34 placed in substitute care, any persons who have adopted a
SB780 Enrolled -11- LRB9001474DJcc
1 child and require post-adoption services, or any persons
2 whose child or children are at risk of being placed outside
3 their home as documented by an "indicated" report of
4 suspected child abuse or neglect determined pursuant to the
5 Abused and Neglected Child Reporting Act. Nothing in this
6 paragraph shall be construed to create a private right of
7 action or claim on the part of any individual or child
8 welfare agency.
9 The Department shall notify the child and his family of
10 the Department's responsibility to offer and provide family
11 preservation services as identified in the service plan. The
12 child and his family shall be eligible for services as soon
13 as the report is determined to be "indicated". The
14 Department may offer services to any child or family with
15 respect to whom a report of suspected child abuse or neglect
16 has been filed, prior to concluding its investigation under
17 Section 7.12 of the Abused and Neglected Child Reporting Act.
18 However, the child's or family's willingness to accept
19 services shall not be considered in the investigation. The
20 Department may also provide services to any child or family
21 who is the subject of any report of suspected child abuse or
22 neglect or may refer such child or family to services
23 available from other agencies in the community, even if the
24 report is determined to be unfounded, if the conditions in
25 the child's or family's home are reasonably likely to subject
26 the child or family to future reports of suspected child
27 abuse or neglect. Acceptance of such services shall be
28 voluntary.
29 The Department may, at its discretion except for those
30 children also adjudicated neglected or dependent, accept for
31 care and training any child who has been adjudicated
32 addicted, as a truant minor in need of supervision or as a
33 minor requiring authoritative intervention, under the
34 Juvenile Court Act or the Juvenile Court Act of 1987, but no
SB780 Enrolled -12- LRB9001474DJcc
1 such child shall be committed to the Department by any court
2 without the approval of the Department. A minor charged with
3 a criminal offense under the Criminal Code of 1961 or
4 adjudicated delinquent shall not be placed in the custody of
5 or committed to the Department by any court, except a minor
6 less than 13 years of age committed to the Department under
7 Section 5-23 of the Juvenile Court Act of 1987.
8 (m) The Department may assume temporary custody of any
9 child if:
10 (1) it has received a written consent to such
11 temporary custody signed by the parents of the child or
12 by the parent having custody of the child if the parents
13 are not living together or by the guardian or custodian
14 of the child if the child is not in the custody of either
15 parent, or
16 (2) the child is found in the State and neither a
17 parent, guardian nor custodian of the child can be
18 located.
19 If the child is found in his or her residence without a
20 parent, guardian, custodian or responsible caretaker, the
21 Department may, instead of removing the child and assuming
22 temporary custody, place an authorized representative of the
23 Department in that residence until such time as a parent,
24 guardian or custodian enters the home and expresses a
25 willingness and apparent ability to resume permanent charge
26 of the child, or until a relative enters the home and is
27 willing and able to assume charge of the child until a
28 parent, guardian or custodian enters the home and expresses
29 such willingness and ability to resume permanent charge.
30 After a caretaker has remained in the home for a period not
31 to exceed 12 hours, the Department must follow those
32 procedures outlined in Section 2-9, 3-11, 4-8 or 5-9 of the
33 Juvenile Court Act of 1987.
34 The Department shall have the authority, responsibilities
SB780 Enrolled -13- LRB9001474DJcc
1 and duties that a legal custodian of the child would have
2 pursuant to subsection (9) of Section 1-3 of the Juvenile
3 Court Act of 1987. Whenever a child is taken into temporary
4 custody pursuant to an investigation under the Abused and
5 Neglected Child Reporting Act, or pursuant to a referral and
6 acceptance under the Juvenile Court Act of 1987 of a minor in
7 limited custody, the Department, during the period of
8 temporary custody and before the child is brought before a
9 judicial officer as required by Section 2-9, 3-11, 4-8 or 5-9
10 of the Juvenile Court Act of 1987, shall have the authority,
11 responsibilities and duties that a legal custodian of the
12 child would have under subsection (9) of Section 1-3 of the
13 Juvenile Court Act of 1987.
14 The Department shall ensure that any child taken into
15 custody is scheduled for an appointment for a medical
16 examination.
17 A parent, guardian or custodian of a child in the
18 temporary custody of the Department who would have custody of
19 the child if he were not in the temporary custody of the
20 Department may deliver to the Department a signed request
21 that the Department surrender the temporary custody of the
22 child. The Department may retain temporary custody of the
23 child for 10 days after the receipt of the request, during
24 which period the Department may cause to be filed a petition
25 pursuant to the Juvenile Court Act of 1987. If a petition is
26 so filed, the Department shall retain temporary custody of
27 the child until the court orders otherwise. If a petition is
28 not filed within the 10 day period, the child shall be
29 surrendered to the custody of the requesting parent, guardian
30 or custodian not later than the expiration of the 10 day
31 period, at which time the authority and duties of the
32 Department with respect to the temporary custody of the child
33 shall terminate.
34 (n) The Department may place children under 18 years of
SB780 Enrolled -14- LRB9001474DJcc
1 age in licensed child care facilities when in the opinion of
2 the Department, appropriate services aimed at family
3 preservation have been unsuccessful or unavailable and such
4 placement would be for their best interest. Payment for
5 board, clothing, care, training and supervision of any child
6 placed in a licensed child care facility may be made by the
7 Department, by the parents or guardians of the estates of
8 those children, or by both the Department and the parents or
9 guardians, except that no payments shall be made by the
10 Department for any child placed in a licensed child care
11 facility for board, clothing, care, training and supervision
12 of such a child that exceed the average per capita cost of
13 maintaining and of caring for a child in institutions for
14 dependent or neglected children operated by the Department.
15 However, such restriction on payments does not apply in cases
16 where children require specialized care and treatment for
17 problems of severe emotional disturbance, physical
18 disability, social adjustment, or any combination thereof and
19 suitable facilities for the placement of such children are
20 not available at payment rates within the limitations set
21 forth in this Section. All reimbursements for services
22 delivered shall be absolutely inalienable by assignment,
23 sale, attachment, garnishment or otherwise.
24 (o) The Department shall establish an administrative
25 review and appeal process for children and families who
26 request or receive child welfare services from the
27 Department. Children who are wards of the Department and are
28 placed by private child welfare agencies, and foster families
29 with whom those children are placed, shall be afforded the
30 same procedural and appeal rights as children and families in
31 the case of placement by the Department, including the right
32 to an initial review of a private agency decision by that
33 agency. The Department shall insure that any private child
34 welfare agency, which accepts wards of the Department for
SB780 Enrolled -15- LRB9001474DJcc
1 placement, affords those rights to children and foster
2 families. The Department shall accept for administrative
3 review and an appeal hearing a complaint made by a child or
4 foster family concerning a decision following an initial
5 review by a private child welfare agency. An appeal of a
6 decision concerning a change in the placement of a child
7 shall be conducted in an expedited manner.
8 (p) There is hereby created the Department of Children
9 and Family Services Emergency Assistance Fund from which the
10 Department may provide special financial assistance to
11 families which are in economic crisis when such assistance is
12 not available through other public or private sources and the
13 assistance is deemed necessary to prevent dissolution of the
14 family unit or to reunite families which have been separated
15 due to child abuse and neglect. The Department shall
16 establish administrative rules specifying the criteria for
17 determining eligibility for and the amount and nature of
18 assistance to be provided. The Department may also enter
19 into written agreements with private and public social
20 service agencies to provide emergency financial services to
21 families referred by the Department. Special financial
22 assistance payments shall be available to a family no more
23 than once during each fiscal year and the total payments to a
24 family may not exceed $500 during a fiscal year.
25 (q) The Department may receive and use, in their
26 entirety, for the benefit of children any gift, donation or
27 bequest of money or other property which is received on
28 behalf of such children, or any financial benefits to which
29 such children are or may become entitled while under the
30 jurisdiction or care of the Department.
31 The Department shall set up and administer no-cost,
32 interest-bearing savings accounts in appropriate financial
33 institutions ("individual accounts") for children for whom
34 the Department is legally responsible and who have been
SB780 Enrolled -16- LRB9001474DJcc
1 determined eligible for Veterans' Benefits, Social Security
2 benefits, assistance allotments from the armed forces, court
3 ordered payments, parental voluntary payments, Supplemental
4 Security Income, Railroad Retirement payments, Black Lung
5 benefits, or other miscellaneous payments. Interest earned
6 by each individual account shall be credited to the account,
7 unless disbursed in accordance with this subsection.
8 In disbursing funds from children's individual accounts,
9 the Department shall:
10 (1) Establish standards in accordance with State
11 and federal laws for disbursing money from children's
12 individual accounts. In all circumstances, the
13 Department's "Guardianship Administrator" or his or her
14 designee must approve disbursements from children's
15 individual accounts. The Department shall be responsible
16 for keeping complete records of all disbursements for
17 each individual account for any purpose.
18 (2) Calculate on a monthly basis the amounts paid
19 from State funds for the child's board and care, medical
20 care not covered under Medicaid, and social services; and
21 utilize funds from the child's individual account, as
22 covered by regulation, to reimburse those costs.
23 Monthly, disbursements from all children's individual
24 accounts, up to 1/12 of $13,000,000, shall be deposited
25 by the Department into the General Revenue Fund and the
26 balance over 1/12 of $13,000,000 into the DCFS Children's
27 Services Fund.
28 (3) Maintain any balance remaining after
29 reimbursing for the child's costs of care, as specified
30 in item (2). The balance shall accumulate in accordance
31 with relevant State and federal laws and shall be
32 disbursed to the child or his or her guardian, or to the
33 issuing agency.
34 (r) The Department shall promulgate regulations
SB780 Enrolled -17- LRB9001474DJcc
1 requiring encouraging all adoption agencies to voluntarily
2 forward to the Department or its agent names and addresses of
3 all persons who have applied for and have been approved for
4 adoption of a hard-to-place or handicapped child and the
5 names of such children who have not been placed for adoption
6 in accordance with Section 7.5. A list of such names and
7 addresses shall be maintained by the Department or its agent,
8 and coded lists which maintain the confidentiality of the
9 person seeking to adopt the child and of the child shall be
10 made available, without charge, to every adoption agency in
11 the State to assist the agencies in placing such children for
12 adoption. The Department may delegate to an agent its duty to
13 maintain and make available such lists. The Department shall
14 ensure that such agent maintains the confidentiality of the
15 person seeking to adopt the child and of the child.
16 (s) The Department of Children and Family Services may
17 establish and implement a program to reimburse Department and
18 private child welfare agency foster parents licensed by the
19 Department of Children and Family Services for damages
20 sustained by the foster parents as a result of the malicious
21 or negligent acts of foster children, as well as providing
22 third party coverage for such foster parents with regard to
23 actions of foster children to other individuals. Such
24 coverage will be secondary to the foster parent liability
25 insurance policy, if applicable. The program shall be funded
26 through appropriations from the General Revenue Fund,
27 specifically designated for such purposes.
28 (t) The Department shall perform home studies and
29 investigations and shall exercise supervision over visitation
30 as ordered by a court pursuant to the Illinois Marriage and
31 Dissolution of Marriage Act or the Adoption Act only if:
32 (1) an order entered by an Illinois court
33 specifically directs the Department to perform such
34 services; and
SB780 Enrolled -18- LRB9001474DJcc
1 (2) the court has ordered one or both of the
2 parties to the proceeding to reimburse the Department for
3 its reasonable costs for providing such services in
4 accordance with Department rules, or has determined that
5 neither party is financially able to pay.
6 The Department shall provide written notification to the
7 court of the specific arrangements for supervised visitation
8 and projected monthly costs within 60 days of the court
9 order. The Department shall send to the court information
10 related to the costs incurred except in cases where the court
11 has determined the parties are financially unable to pay. The
12 court may order additional periodic reports as appropriate.
13 (u) Whenever the Department places a child in a licensed
14 foster home, group home, child care institution, or in a
15 relative home, the Department shall provide to the caretaker:
16 (1) available detailed information concerning the
17 child's educational and health history, copies of
18 immunization records (including insurance and medical
19 card information), a history of the child's previous
20 placements, if any, and reasons for placement changes
21 excluding any information that identifies or reveals the
22 location of any previous caretaker;
23 (2) a copy of the child's portion of the client
24 service plan, including any visitation arrangement, and
25 all amendments or revisions to it as related to the
26 child; and
27 (3) information containing details of the child's
28 individualized educational plan when the child is
29 receiving special education services.
30 The caretaker shall be informed of any known social or
31 behavioral information (including, but not limited to, fire
32 setting, perpetuation of sexual abuse, destructive behavior,
33 and substance abuse) necessary to care for and safeguard the
34 child.
SB780 Enrolled -19- LRB9001474DJcc
1 (u-5) Effective July 1, 1995, only foster care
2 placements licensed as foster family homes pursuant to the
3 Child Care Act of 1969 shall be eligible to receive foster
4 care payments from the Department. Relative caregivers who,
5 as of July 1, 1995, were approved pursuant to approved
6 relative placement rules previously promulgated by the
7 Department at 89 Ill. Adm. Code 335 and had submitted an
8 application for licensure as a foster family home may
9 continue to receive foster care payments only until the
10 Department determines that they may be licensed as a foster
11 family home or that their application for licensure is denied
12 or until September 30, 1995, whichever occurs first.
13 (v) The Department shall access criminal history record
14 information as defined in the Illinois Uniform Conviction
15 Information Act and information maintained in the
16 adjudicatory and dispositional record system as defined in
17 subdivision (A)19 of Section 55a of the Civil Administrative
18 Code of Illinois if the Department determines the information
19 is necessary to perform its duties under the Abused and
20 Neglected Child Reporting Act, the Child Care Act of 1969,
21 and the Children and Family Services Act. The Department
22 shall provide for interactive computerized communication and
23 processing equipment that permits direct on-line
24 communication with the Department of State Police's central
25 criminal history data repository. The Department shall
26 comply with all certification requirements and provide
27 certified operators who have been trained by personnel from
28 the Department of State Police. In addition, one Office of
29 the Inspector General investigator shall have training in the
30 use of the criminal history information access system and
31 have access to the terminal. The Department of Children and
32 Family Services and its employees shall abide by rules and
33 regulations established by the Department of State Police
34 relating to the access and dissemination of this information.
SB780 Enrolled -20- LRB9001474DJcc
1 (w) Within 120 days of August 20, 1995 (the effective
2 date of Public Act 89-392), the Department shall prepare and
3 submit to the Governor and the General Assembly, a written
4 plan for the development of in-state licensed secure child
5 care facilities that care for children who are in need of
6 secure living arrangements for their health, safety, and
7 well-being. For purposes of this subsection, secure care
8 facility shall mean a facility that is designed and operated
9 to ensure that all entrances and exits from the facility, a
10 building or a distinct part of the building, are under the
11 exclusive control of the staff of the facility, whether or
12 not the child has the freedom of movement within the
13 perimeter of the facility, building, or distinct part of the
14 building. The plan shall include descriptions of the types
15 of facilities that are needed in Illinois; the cost of
16 developing these secure care facilities; the estimated number
17 of placements; the potential cost savings resulting from the
18 movement of children currently out-of-state who are projected
19 to be returned to Illinois; the necessary geographic
20 distribution of these facilities in Illinois; and a proposed
21 timetable for development of such facilities.
22 (Source: P.A. 88-380; 88-398; 88-487; 88-614, eff. 9-7-94;
23 88-670, eff. 12-2-94; 89-21, eff. 6-6-95; 89-392, eff.
24 8-20-95; 89-626, eff. 8-9-96.)
25 (Text of Section after amendment by P.A. 89-507)
26 Sec. 5. Direct child welfare services; Department of
27 Children and Family Services. To provide direct child welfare
28 services when not available through other public or private
29 child care or program facilities.
30 (a) For purposes of this Section:
31 (1) "Children" means persons found within the State
32 who are under the age of 18 years. The term also
33 includes persons under age 19 who:
34 (A) were committed to the Department pursuant
SB780 Enrolled -21- LRB9001474DJcc
1 to the Juvenile Court Act or the Juvenile Court Act
2 of 1987, as amended, prior to the age of 18 and who
3 continue under the jurisdiction of the court; or
4 (B) were accepted for care, service and
5 training by the Department prior to the age of 18
6 and whose best interest in the discretion of the
7 Department would be served by continuing that care,
8 service and training because of severe emotional
9 disturbances, physical disability, social adjustment
10 or any combination thereof, or because of the need
11 to complete an educational or vocational training
12 program.
13 (2) "Homeless youth" means persons found within the
14 State who are under the age of 19, are not in a safe and
15 stable living situation and cannot be reunited with their
16 families.
17 (3) "Child welfare services" means public social
18 services which are directed toward the accomplishment of
19 the following purposes:
20 (A) protecting and promoting the welfare of
21 children, including homeless, dependent or neglected
22 children;
23 (B) remedying, or assisting in the solution of
24 problems which may result in, the neglect, abuse,
25 exploitation or delinquency of children;
26 (C) preventing the unnecessary separation of
27 children from their families by identifying family
28 problems, assisting families in resolving their
29 problems, and preventing the breakup of the family
30 where the prevention of child removal is desirable
31 and possible;
32 (D) restoring to their families children who
33 have been removed, by the provision of services to
34 the child and the families;
SB780 Enrolled -22- LRB9001474DJcc
1 (E) placing children in suitable adoptive
2 homes, in cases where restoration to the biological
3 family is not possible or appropriate;
4 (F) assuring adequate care of children away
5 from their homes, in cases where the child cannot be
6 returned home or cannot be placed for adoption;
7 (G) (blank);
8 (H) (blank); and
9 (I) placing and maintaining children in
10 facilities that provide separate living quarters for
11 children under the age of 18 and for children 18
12 years of age and older, unless a child 18 years of
13 age is in the last year of high school education or
14 vocational training, in an approved individual or
15 group treatment program, or in a licensed shelter
16 facility. The Department is not required to place
17 or maintain children:
18 (i) who are in a foster home, or
19 (ii) who are persons with a developmental
20 disability, as defined in the Mental Health and
21 Developmental Disabilities Code, or
22 (iii) who are female children who are
23 pregnant, pregnant and parenting or parenting,
24 or
25 (iv) who are siblings,
26 in facilities that provide separate living quarters
27 for children 18 years of age and older and for
28 children under 18 years of age.
29 (b) Nothing in this Section shall be construed to
30 authorize the expenditure of public funds for the purpose of
31 performing abortions.
32 (c) The Department shall establish and maintain
33 tax-supported child welfare services and extend and seek to
34 improve voluntary services throughout the State, to the end
SB780 Enrolled -23- LRB9001474DJcc
1 that services and care shall be available on an equal basis
2 throughout the State to children requiring such services.
3 (d) The Director may authorize advance disbursements for
4 any new program initiative to any agency contracting with the
5 Department. As a prerequisite for an advance disbursement,
6 the contractor must post a surety bond in the amount of the
7 advance disbursement and have a purchase of service contract
8 approved by the Department. The Department may pay up to 2
9 months operational expenses in advance. The amount of the
10 advance disbursement shall be prorated over the life of the
11 contract or the remaining months of the fiscal year,
12 whichever is less, and the installment amount shall then be
13 deducted from future bills. Advance disbursement
14 authorizations for new initiatives shall not be made to any
15 agency after that agency has operated during 2 consecutive
16 fiscal years. The requirements of this Section concerning
17 advance disbursements shall not apply with respect to the
18 following: payments to local public agencies for child day
19 care services as authorized by Section 5a of this Act; and
20 youth service programs receiving grant funds under Section
21 17a-4.
22 (e) (Blank).
23 (f) (Blank).
24 (g) The Department shall establish rules and regulations
25 concerning its operation of programs designed to meet the
26 goals of child protection, family preservation, family
27 reunification, and adoption, including but not limited to:
28 (1) adoption;
29 (2) foster care;
30 (3) family counseling;
31 (4) protective services;
32 (5) (blank);
33 (6) homemaker service;
34 (7) return of runaway children;
SB780 Enrolled -24- LRB9001474DJcc
1 (8) (blank);
2 (9) placement under Section 5-7 of the Juvenile
3 Court Act or Section 2-27, 3-28, 4-25 or 5-29 of the
4 Juvenile Court Act of 1987 in accordance with the federal
5 Adoption Assistance and Child Welfare Act of 1980; and
6 (10) interstate services.
7 Rules and regulations established by the Department shall
8 include provisions for training Department staff and the
9 staff of Department grantees, through contracts with other
10 agencies or resources, in alcohol and drug abuse screening
11 techniques to identify children and adults who should be
12 referred to an alcohol and drug abuse treatment program for
13 professional evaluation.
14 (h) If the Department finds that there is no appropriate
15 program or facility within or available to the Department for
16 a ward and that no licensed private facility has an adequate
17 and appropriate program or none agrees to accept the ward,
18 the Department shall create an appropriate individualized,
19 program-oriented plan for such ward. The plan may be
20 developed within the Department or through purchase of
21 services by the Department to the extent that it is within
22 its statutory authority to do.
23 (i) Service programs shall be available throughout the
24 State and shall include but not be limited to the following
25 services:
26 (1) case management;
27 (2) homemakers;
28 (3) counseling;
29 (4) parent education;
30 (5) day care; and
31 (6) emergency assistance and advocacy.
32 In addition, the following services may be made available
33 to assess and meet the needs of children and families:
34 (1) comprehensive family-based services;
SB780 Enrolled -25- LRB9001474DJcc
1 (2) assessments;
2 (3) respite care; and
3 (4) in-home health services.
4 The Department shall provide transportation for any of
5 the services it makes available to children or families or
6 for which it refers children or families.
7 (j) The Department may provide financial assistance, and
8 shall establish rules and regulations concerning such
9 assistance, to persons who adopt physically or mentally
10 handicapped, older and other hard-to-place children who
11 immediately prior to their adoption were legal wards of the
12 Department. The Department may also provide financial
13 assistance, and shall establish rules and regulations for
14 such assistance, to persons appointed guardian of the person
15 under Section 5-7 of the Juvenile Court Act or Section 2-27,
16 3-28, 4-25 or 5-29 of the Juvenile Court Act of 1987 for
17 children who were wards of the Department for 12 months
18 immediately prior to the appointment of the successor
19 guardian and for whom the Department has set a goal of
20 permanent family placement with a foster family.
21 The amount of assistance may vary, depending upon the
22 needs of the child and the adoptive parents, but must be at
23 least $25 less than the monthly cost of care of the child in
24 a foster home, as set forth in the annual assistance
25 agreement. Special purpose grants are allowed where the
26 child requires special service but such costs may not exceed
27 the amounts which similar services would cost the Department
28 if it were to provide or secure them as guardian of the
29 child.
30 Any financial assistance provided under this subsection
31 is inalienable by assignment, sale, execution, attachment,
32 garnishment, or any other remedy for recovery or collection
33 of a judgment or debt.
34 (k) The Department shall accept for care and training
SB780 Enrolled -26- LRB9001474DJcc
1 any child who has been adjudicated neglected or abused, or
2 dependent committed to it pursuant to the Juvenile Court Act
3 or the Juvenile Court Act of 1987.
4 (l) Before July 1, 2000, the Department may provide, and
5 beginning July 1, 2000, the Department shall provide, family
6 preservation services, as determined to be appropriate and in
7 the child's best interests and when the child will not be in
8 imminent risk of harm, to any family whose child has been
9 placed in substitute care, any persons who have adopted a
10 child and require post-adoption services, or any persons
11 whose child or children are at risk of being placed outside
12 their home as documented by an "indicated" report of
13 suspected child abuse or neglect determined pursuant to the
14 Abused and Neglected Child Reporting Act. Nothing in this
15 paragraph shall be construed to create a private right of
16 action or claim on the part of any individual or child
17 welfare agency.
18 The Department shall notify the child and his family of
19 the Department's responsibility to offer and provide family
20 preservation services as identified in the service plan. The
21 child and his family shall be eligible for services as soon
22 as the report is determined to be "indicated". The
23 Department may offer services to any child or family with
24 respect to whom a report of suspected child abuse or neglect
25 has been filed, prior to concluding its investigation under
26 Section 7.12 of the Abused and Neglected Child Reporting Act.
27 However, the child's or family's willingness to accept
28 services shall not be considered in the investigation. The
29 Department may also provide services to any child or family
30 who is the subject of any report of suspected child abuse or
31 neglect or may refer such child or family to services
32 available from other agencies in the community, even if the
33 report is determined to be unfounded, if the conditions in
34 the child's or family's home are reasonably likely to subject
SB780 Enrolled -27- LRB9001474DJcc
1 the child or family to future reports of suspected child
2 abuse or neglect. Acceptance of such services shall be
3 voluntary.
4 The Department may, at its discretion except for those
5 children also adjudicated neglected or dependent, accept for
6 care and training any child who has been adjudicated
7 addicted, as a truant minor in need of supervision or as a
8 minor requiring authoritative intervention, under the
9 Juvenile Court Act or the Juvenile Court Act of 1987, but no
10 such child shall be committed to the Department by any court
11 without the approval of the Department. A minor charged with
12 a criminal offense under the Criminal Code of 1961 or
13 adjudicated delinquent shall not be placed in the custody of
14 or committed to the Department by any court, except a minor
15 less than 13 years of age committed to the Department under
16 Section 5-23 of the Juvenile Court Act of 1987.
17 (m) The Department may assume temporary custody of any
18 child if:
19 (1) it has received a written consent to such
20 temporary custody signed by the parents of the child or
21 by the parent having custody of the child if the parents
22 are not living together or by the guardian or custodian
23 of the child if the child is not in the custody of either
24 parent, or
25 (2) the child is found in the State and neither a
26 parent, guardian nor custodian of the child can be
27 located.
28 If the child is found in his or her residence without a
29 parent, guardian, custodian or responsible caretaker, the
30 Department may, instead of removing the child and assuming
31 temporary custody, place an authorized representative of the
32 Department in that residence until such time as a parent,
33 guardian or custodian enters the home and expresses a
34 willingness and apparent ability to resume permanent charge
SB780 Enrolled -28- LRB9001474DJcc
1 of the child, or until a relative enters the home and is
2 willing and able to assume charge of the child until a
3 parent, guardian or custodian enters the home and expresses
4 such willingness and ability to resume permanent charge.
5 After a caretaker has remained in the home for a period not
6 to exceed 12 hours, the Department must follow those
7 procedures outlined in Section 2-9, 3-11, 4-8 or 5-9 of the
8 Juvenile Court Act of 1987.
9 The Department shall have the authority, responsibilities
10 and duties that a legal custodian of the child would have
11 pursuant to subsection (9) of Section 1-3 of the Juvenile
12 Court Act of 1987. Whenever a child is taken into temporary
13 custody pursuant to an investigation under the Abused and
14 Neglected Child Reporting Act, or pursuant to a referral and
15 acceptance under the Juvenile Court Act of 1987 of a minor in
16 limited custody, the Department, during the period of
17 temporary custody and before the child is brought before a
18 judicial officer as required by Section 2-9, 3-11, 4-8 or 5-9
19 of the Juvenile Court Act of 1987, shall have the authority,
20 responsibilities and duties that a legal custodian of the
21 child would have under subsection (9) of Section 1-3 of the
22 Juvenile Court Act of 1987.
23 The Department shall ensure that any child taken into
24 custody is scheduled for an appointment for a medical
25 examination.
26 A parent, guardian or custodian of a child in the
27 temporary custody of the Department who would have custody of
28 the child if he were not in the temporary custody of the
29 Department may deliver to the Department a signed request
30 that the Department surrender the temporary custody of the
31 child. The Department may retain temporary custody of the
32 child for 10 days after the receipt of the request, during
33 which period the Department may cause to be filed a petition
34 pursuant to the Juvenile Court Act of 1987. If a petition is
SB780 Enrolled -29- LRB9001474DJcc
1 so filed, the Department shall retain temporary custody of
2 the child until the court orders otherwise. If a petition is
3 not filed within the 10 day period, the child shall be
4 surrendered to the custody of the requesting parent, guardian
5 or custodian not later than the expiration of the 10 day
6 period, at which time the authority and duties of the
7 Department with respect to the temporary custody of the child
8 shall terminate.
9 (n) The Department may place children under 18 years of
10 age in licensed child care facilities when in the opinion of
11 the Department, appropriate services aimed at family
12 preservation have been unsuccessful or unavailable and such
13 placement would be for their best interest. Payment for
14 board, clothing, care, training and supervision of any child
15 placed in a licensed child care facility may be made by the
16 Department, by the parents or guardians of the estates of
17 those children, or by both the Department and the parents or
18 guardians, except that no payments shall be made by the
19 Department for any child placed in a licensed child care
20 facility for board, clothing, care, training and supervision
21 of such a child that exceed the average per capita cost of
22 maintaining and of caring for a child in institutions for
23 dependent or neglected children operated by the Department.
24 However, such restriction on payments does not apply in cases
25 where children require specialized care and treatment for
26 problems of severe emotional disturbance, physical
27 disability, social adjustment, or any combination thereof and
28 suitable facilities for the placement of such children are
29 not available at payment rates within the limitations set
30 forth in this Section. All reimbursements for services
31 delivered shall be absolutely inalienable by assignment,
32 sale, attachment, garnishment or otherwise.
33 (o) The Department shall establish an administrative
34 review and appeal process for children and families who
SB780 Enrolled -30- LRB9001474DJcc
1 request or receive child welfare services from the
2 Department. Children who are wards of the Department and are
3 placed by private child welfare agencies, and foster families
4 with whom those children are placed, shall be afforded the
5 same procedural and appeal rights as children and families in
6 the case of placement by the Department, including the right
7 to an initial review of a private agency decision by that
8 agency. The Department shall insure that any private child
9 welfare agency, which accepts wards of the Department for
10 placement, affords those rights to children and foster
11 families. The Department shall accept for administrative
12 review and an appeal hearing a complaint made by a child or
13 foster family concerning a decision following an initial
14 review by a private child welfare agency. An appeal of a
15 decision concerning a change in the placement of a child
16 shall be conducted in an expedited manner.
17 (p) There is hereby created the Department of Children
18 and Family Services Emergency Assistance Fund from which the
19 Department may provide special financial assistance to
20 families which are in economic crisis when such assistance is
21 not available through other public or private sources and the
22 assistance is deemed necessary to prevent dissolution of the
23 family unit or to reunite families which have been separated
24 due to child abuse and neglect. The Department shall
25 establish administrative rules specifying the criteria for
26 determining eligibility for and the amount and nature of
27 assistance to be provided. The Department may also enter
28 into written agreements with private and public social
29 service agencies to provide emergency financial services to
30 families referred by the Department. Special financial
31 assistance payments shall be available to a family no more
32 than once during each fiscal year and the total payments to a
33 family may not exceed $500 during a fiscal year.
34 (q) The Department may receive and use, in their
SB780 Enrolled -31- LRB9001474DJcc
1 entirety, for the benefit of children any gift, donation or
2 bequest of money or other property which is received on
3 behalf of such children, or any financial benefits to which
4 such children are or may become entitled while under the
5 jurisdiction or care of the Department.
6 The Department shall set up and administer no-cost,
7 interest-bearing savings accounts in appropriate financial
8 institutions ("individual accounts") for children for whom
9 the Department is legally responsible and who have been
10 determined eligible for Veterans' Benefits, Social Security
11 benefits, assistance allotments from the armed forces, court
12 ordered payments, parental voluntary payments, Supplemental
13 Security Income, Railroad Retirement payments, Black Lung
14 benefits, or other miscellaneous payments. Interest earned
15 by each individual account shall be credited to the account,
16 unless disbursed in accordance with this subsection.
17 In disbursing funds from children's individual accounts,
18 the Department shall:
19 (1) Establish standards in accordance with State
20 and federal laws for disbursing money from children's
21 individual accounts. In all circumstances, the
22 Department's "Guardianship Administrator" or his or her
23 designee must approve disbursements from children's
24 individual accounts. The Department shall be responsible
25 for keeping complete records of all disbursements for
26 each individual account for any purpose.
27 (2) Calculate on a monthly basis the amounts paid
28 from State funds for the child's board and care, medical
29 care not covered under Medicaid, and social services; and
30 utilize funds from the child's individual account, as
31 covered by regulation, to reimburse those costs.
32 Monthly, disbursements from all children's individual
33 accounts, up to 1/12 of $13,000,000, shall be deposited
34 by the Department into the General Revenue Fund and the
SB780 Enrolled -32- LRB9001474DJcc
1 balance over 1/12 of $13,000,000 into the DCFS Children's
2 Services Fund.
3 (3) Maintain any balance remaining after
4 reimbursing for the child's costs of care, as specified
5 in item (2). The balance shall accumulate in accordance
6 with relevant State and federal laws and shall be
7 disbursed to the child or his or her guardian, or to the
8 issuing agency.
9 (r) The Department shall promulgate regulations
10 requiring encouraging all adoption agencies to voluntarily
11 forward to the Department or its agent names and addresses of
12 all persons who have applied for and have been approved for
13 adoption of a hard-to-place or handicapped child and the
14 names of such children who have not been placed for adoption
15 in accordance with Section 7.5. A list of such names and
16 addresses shall be maintained by the Department or its agent,
17 and coded lists which maintain the confidentiality of the
18 person seeking to adopt the child and of the child shall be
19 made available, without charge, to every adoption agency in
20 the State to assist the agencies in placing such children for
21 adoption. The Department may delegate to an agent its duty to
22 maintain and make available such lists. The Department shall
23 ensure that such agent maintains the confidentiality of the
24 person seeking to adopt the child and of the child.
25 (s) The Department of Children and Family Services may
26 establish and implement a program to reimburse Department and
27 private child welfare agency foster parents licensed by the
28 Department of Children and Family Services for damages
29 sustained by the foster parents as a result of the malicious
30 or negligent acts of foster children, as well as providing
31 third party coverage for such foster parents with regard to
32 actions of foster children to other individuals. Such
33 coverage will be secondary to the foster parent liability
34 insurance policy, if applicable. The program shall be funded
SB780 Enrolled -33- LRB9001474DJcc
1 through appropriations from the General Revenue Fund,
2 specifically designated for such purposes.
3 (t) The Department shall perform home studies and
4 investigations and shall exercise supervision over visitation
5 as ordered by a court pursuant to the Illinois Marriage and
6 Dissolution of Marriage Act or the Adoption Act only if:
7 (1) an order entered by an Illinois court
8 specifically directs the Department to perform such
9 services; and
10 (2) the court has ordered one or both of the
11 parties to the proceeding to reimburse the Department for
12 its reasonable costs for providing such services in
13 accordance with Department rules, or has determined that
14 neither party is financially able to pay.
15 The Department shall provide written notification to the
16 court of the specific arrangements for supervised visitation
17 and projected monthly costs within 60 days of the court
18 order. The Department shall send to the court information
19 related to the costs incurred except in cases where the court
20 has determined the parties are financially unable to pay. The
21 court may order additional periodic reports as appropriate.
22 (u) Whenever the Department places a child in a licensed
23 foster home, group home, child care institution, or in a
24 relative home, the Department shall provide to the caretaker:
25 (1) available detailed information concerning the
26 child's educational and health history, copies of
27 immunization records (including insurance and medical
28 card information), a history of the child's previous
29 placements, if any, and reasons for placement changes
30 excluding any information that identifies or reveals the
31 location of any previous caretaker;
32 (2) a copy of the child's portion of the client
33 service plan, including any visitation arrangement, and
34 all amendments or revisions to it as related to the
SB780 Enrolled -34- LRB9001474DJcc
1 child; and
2 (3) information containing details of the child's
3 individualized educational plan when the child is
4 receiving special education services.
5 The caretaker shall be informed of any known social or
6 behavioral information (including, but not limited to, fire
7 setting, perpetuation of sexual abuse, destructive behavior,
8 and substance abuse) necessary to care for and safeguard the
9 child.
10 (u-5) Effective July 1, 1995, only foster care
11 placements licensed as foster family homes pursuant to the
12 Child Care Act of 1969 shall be eligible to receive foster
13 care payments from the Department. Relative caregivers who,
14 as of July 1, 1995, were approved pursuant to approved
15 relative placement rules previously promulgated by the
16 Department at 89 Ill. Adm. Code 335 and had submitted an
17 application for licensure as a foster family home may
18 continue to receive foster care payments only until the
19 Department determines that they may be licensed as a foster
20 family home or that their application for licensure is denied
21 or until September 30, 1995, whichever occurs first.
22 (v) The Department shall access criminal history record
23 information as defined in the Illinois Uniform Conviction
24 Information Act and information maintained in the
25 adjudicatory and dispositional record system as defined in
26 subdivision (A)19 of Section 55a of the Civil Administrative
27 Code of Illinois if the Department determines the information
28 is necessary to perform its duties under the Abused and
29 Neglected Child Reporting Act, the Child Care Act of 1969,
30 and the Children and Family Services Act. The Department
31 shall provide for interactive computerized communication and
32 processing equipment that permits direct on-line
33 communication with the Department of State Police's central
34 criminal history data repository. The Department shall
SB780 Enrolled -35- LRB9001474DJcc
1 comply with all certification requirements and provide
2 certified operators who have been trained by personnel from
3 the Department of State Police. In addition, one Office of
4 the Inspector General investigator shall have training in the
5 use of the criminal history information access system and
6 have access to the terminal. The Department of Children and
7 Family Services and its employees shall abide by rules and
8 regulations established by the Department of State Police
9 relating to the access and dissemination of this information.
10 (w) Within 120 days of August 20, 1995 (the effective
11 date of Public Act 89-392), the Department shall prepare and
12 submit to the Governor and the General Assembly, a written
13 plan for the development of in-state licensed secure child
14 care facilities that care for children who are in need of
15 secure living arrangements for their health, safety, and
16 well-being. For purposes of this subsection, secure care
17 facility shall mean a facility that is designed and operated
18 to ensure that all entrances and exits from the facility, a
19 building or a distinct part of the building, are under the
20 exclusive control of the staff of the facility, whether or
21 not the child has the freedom of movement within the
22 perimeter of the facility, building, or distinct part of the
23 building. The plan shall include descriptions of the types
24 of facilities that are needed in Illinois; the cost of
25 developing these secure care facilities; the estimated number
26 of placements; the potential cost savings resulting from the
27 movement of children currently out-of-state who are projected
28 to be returned to Illinois; the necessary geographic
29 distribution of these facilities in Illinois; and a proposed
30 timetable for development of such facilities.
31 (Source: P.A. 88-380; 88-398; 88-487; 88-614, eff. 9-7-94;
32 88-670, eff. 12-2-94; 89-21, eff. 6-6-95; 89-392, eff.
33 8-20-95; 89-507, eff. 7-1-97; 89-626, eff. 8-9-96.)
SB780 Enrolled -36- LRB9001474DJcc
1 (20 ILCS 505/7) (from Ch. 23, par. 5007)
2 Sec. 7. Placement of children; considerations.
3 (a) In placing any child under this Act, the Department
4 shall place such child, as far as possible, in the care and
5 custody of some individual holding the same religious belief
6 as the parents of the child, or with some child care facility
7 which is operated by persons of like religious faith as the
8 parents of such child.
9 (b) In placing a child under this Act, the Department
10 shall make every effort to may place a child with a relative
11 who if the Department has reason to believe that the relative
12 will be able to adequately provide for the child's safety and
13 welfare consistent with the Department's rules. The
14 Department may not place a child with a relative, with the
15 exception of certain circumstances which may be waived as
16 defined by the Department in rules, if the results of a check
17 of the Law Enforcement Agency Data System (LEADS) identifies
18 a prior criminal conviction of the relative or any adult
19 member of the relative's household for any of the following
20 offenses under the Criminal Code of 1961:
21 (1) murder;
22 (1.1) solicitation of murder;
23 (1.2) solicitation of murder for hire;
24 (1.3) intentional homicide of an unborn child;
25 (1.4) voluntary manslaughter of an unborn child;
26 (1.5) involuntary manslaughter;
27 (1.6) reckless homicide;
28 (1.7) concealment of a homicidal death;
29 (1.8) involuntary manslaughter of an unborn child;
30 (1.9) reckless homicide of an unborn child;
31 (1.10) drug-induced homicide;
32 (2) a sex offense under Article 11, except offenses
33 described in Sections 11-7, 11-8, 11-12, and 11-13;
34 (3) kidnapping;
SB780 Enrolled -37- LRB9001474DJcc
1 (3.1) aggravated unlawful restraint;
2 (3.2) forcible detention;
3 (3.3) aiding and abetting child abduction;
4 (4) aggravated kidnapping;
5 (5) child abduction;
6 (6) aggravated battery of a child;
7 (7) criminal sexual assault;
8 (8) aggravated criminal sexual assault;
9 (8.1) predatory criminal sexual assault of a child;
10 (9) criminal sexual abuse;
11 (10) aggravated sexual abuse;
12 (11) heinous battery;
13 (12) aggravated battery with a firearm;
14 (13) tampering with food, drugs, or cosmetics;
15 (14) drug-induced infliction of great bodily harm;
16 (15) aggravated stalking;
17 (16) home invasion;
18 (17) vehicular invasion;
19 (18) criminal transmission of HIV;
20 (19) criminal neglect of an elderly or disabled
21 person;
22 (20) child abandonment;
23 (21) endangering the life or health of a child;
24 (22) ritual mutilation;
25 (23) ritualized abuse of a child;
26 (24) an offense in any other state the elements of
27 which are similar and bear a substantial relationship to
28 any of the foregoing offenses.
29 For the purpose of this subsection, "relative" shall include
30 any person, 21 years of age or over, other than the parent,
31 who (i) is currently related to the child in any of the
32 following ways by blood or adoption: grandparent, sibling,
33 great-grandparent, uncle, aunt, nephew, niece, first cousin,
34 great-uncle, or great-aunt; or (ii) is the spouse of such a
SB780 Enrolled -38- LRB9001474DJcc
1 relative; or (iii) is the child's step-father, step-mother,
2 or adult step-brother or step-sister; "relative" also
3 includes a person related in any of the foregoing ways to a
4 sibling of a child, even though the person is not related to
5 the child, when the child and its sibling are placed together
6 with that person. A relative with whom a child is placed
7 pursuant to this subsection may, but is not required to,
8 apply for licensure as a foster family home pursuant to the
9 Child Care Act of 1969; provided, however, that as of July 1,
10 1995, foster care payments shall be made only to licensed
11 foster family homes pursuant to the terms of Section 5 of
12 this Act.
13 (c) In placing a child under this Act, the Department
14 shall ensure that the child's best interests are met by
15 giving due, not sole, consideration to the child's race or
16 ethnic heritage in making a family foster care placement. The
17 Department shall consider the cultural, ethnic, or racial
18 background of the child and the capacity of the prospective
19 foster or adoptive parents to meet the needs of a child of
20 this background as one of a number of factors used to
21 determine the best interests of the child. The Department
22 also shall consider the desirability of permanent placement
23 for the child, and there is a presumption that the child's
24 best interests are for permanent placement rather than for
25 temporary placements.
26 The Department shall make special efforts for the
27 diligent recruitment of potential foster and adoptive
28 families that reflect the ethnic and racial diversity of the
29 children for whom foster and adoptive homes are needed.
30 "Special efforts" shall include contacting and working with
31 community organizations and religious organizations and may
32 include contracting with those organizations, utilizing local
33 media and other local resources, and conducting outreach
34 activities.
SB780 Enrolled -39- LRB9001474DJcc
1 (d) The Department may accept gifts, grants, offers of
2 services, and other contributions to use in making special
3 recruitment efforts.
4 (e) The Department in placing children in adoptive or
5 foster care homes may not, in any policy or practice relating
6 to the placement of children for adoption or foster care,
7 discriminate against any child or prospective adoptive parent
8 on the basis of race.
9 (Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-428, eff.
10 12-13-95; 89-462, eff. 5-29-96; 89-626, eff. 8-9-96.)
11 (20 ILCS 505/7.5 new)
12 Sec. 7.5. Recruitment and retention of foster placements
13 and adoptive placements.
14 (a) Recruitment. All licensed child welfare agencies
15 that receive State funding for their services shall work with
16 their respective regional office of the Department of
17 Children and Family Services to create an adequate and
18 appropriate pool of foster and adoptive family placements for
19 children in need of substitute care. The goal shall be to
20 achieve timely permanent placement for each minor as soon as
21 possible from the date of adjudication of wardship of the
22 minor. For purposes of this Section, the terms foster
23 placement or adoptive placement shall refer to foster family
24 or adoptive family.
25 In its contracts with each licensed child welfare agency
26 receiving State funding the Department shall make special
27 efforts to recruit and retain a sufficient current pool of
28 appropriate licensed foster placements to meet the cultural
29 and special needs of children served by that agency. For
30 purposes of this Section, appropriate shall mean willing and
31 able to care for a child in need of placement under federal
32 and State laws governing foster care licensing or approval.
33 Each licensed child welfare agency shall make reasonable
SB780 Enrolled -40- LRB9001474DJcc
1 efforts to include recruits from among appropriate relatives
2 of children in the custody of the Department who need foster
3 care, families of the same racial or ethnic origin, families
4 residing in the Department's service region proximate to the
5 child's natural family, and families residing within the
6 geographical area served by the licensed child welfare
7 agency.
8 In its contracts with each licensed child welfare agency
9 receiving State funding the Department shall make special
10 efforts to recruit and retain a sufficient current pool of
11 appropriate adoptive placements to meet the cultural and
12 special needs of children served by that agency. For
13 purposes of this Section, appropriate shall mean willing and
14 able to care for a child in need of placement pursuant to
15 federal and State laws governing adoptive placement. Each
16 licensed child welfare agency shall make reasonable efforts
17 to include recruits from among appropriate relatives of
18 children in the custody of the Department who need adoption,
19 families of the same racial or ethnic origin, and families
20 residing in the Department's service region served by the
21 licensed child welfare agency.
22 Recruitment efforts for foster placements and adoptive
23 placements may include contacting and working with foster
24 parent organizations, adoptive parent organizations,
25 community organizations, and religious organizations, and may
26 include contracting with these organizations, utilizing local
27 media and other local information resources, and conducting
28 outreach activities. Each licensed child welfare agency
29 shall have a written recruitment plan.
30 The Department shall work with each licensed child
31 welfare agency to ensure that adoption and foster care
32 workers receive training regarding cultural diversity and the
33 needs of special needs children.
34 (b) It is the intention of the General Assembly to
SB780 Enrolled -41- LRB9001474DJcc
1 provide new incentives for timely permanent placement of
2 children in need of adoption. The Department may enter into
3 incentive contracts with licensed child welfare agencies to
4 provide foster care and adoption services to effect
5 permanency outcomes for children.
6 Once a child is listed for adoption with the Department
7 under subsection (r) of Section 5, the child is available on
8 a statewide basis for placement by any private adoption
9 agency under contract with the Department or any departmental
10 office.
11 (c) Annual reports. The Department shall compile an
12 annual report of all foster placements and adoptive
13 placements taking place in Illinois. By January 31 of each
14 year, each licensed child welfare agency which places
15 children for foster care or adoption shall cooperate with the
16 Department in providing information necessary for compiling
17 and preparing this annual report.
18 By March 31 of each year, the Department shall provide
19 the General Assembly with a report on the type and number of
20 adoptions completed in Illinois during the previous year.
21 The report shall include a summary of data provided by
22 licensed child welfare agencies pursuant to this Section,
23 data obtained pursuant to the Department's administration of
24 the Interstate Compact on Adoptions and pursuant to the
25 Department's processing of intercounty adoptions, and data
26 obtained from the Illinois Department of Public Health
27 relating to private adoptions.
28 (20 ILCS 505/7.7)
29 Sec. 7.7. Limit on multiple placements. If the
30 Department has placed a child in substitute care pursuant to
31 a court order, the Department may not change the child's
32 placement unless the Department specifically documents that
33 the current placement is unsuitable or that another placement
SB780 Enrolled -42- LRB9001474DJcc
1 is in the child's best interests or unless the new placement
2 is in an adoptive home or other permanent placement. In
3 determining the child's best interests, the Department shall
4 give due, not sole, consideration to the child's race or
5 ethnic heritage in making a family foster care placement.
6 The Department shall not deny or delay placement of the child
7 on the basis of the race or ethnic heritage of the child or
8 the prospective foster parent or parents.
9 (Source: P.A. 89-422.)
10 Section 10. The Adoption Act is amended by changing
11 Section 15.1 as follows:
12 (750 ILCS 50/15.1) (from Ch. 40, par. 1519.1)
13 Sec. 15.1. (a) Any person over the age of 18, who has
14 cared for a child for a continuous period of one year or more
15 as a foster parent licensed under the Child Care Act of 1969
16 to operate a foster family home, may apply to the child's
17 guardian with the power to consent to adoption, for such
18 guardian's consent.
19 (b) Such guardian shall give preference and first
20 consideration to that application over all other applications
21 for adoption of the child but the guardian's final decision
22 shall be based on the welfare and best interest of the child.
23 In arriving at this decision, the guardian shall consider all
24 relevant factors including but not limited to:
25 (1) the wishes of the child;
26 (2) the interaction and interrelationship of the
27 child with the applicant to adopt the child;
28 (3) the child's need for stability and continuity
29 of relationship with parent figures;
30 (4) the wishes of the child's parent as expressed
31 in writing prior to that parent's execution of a consent
32 or surrender for adoption;
SB780 Enrolled -43- LRB9001474DJcc
1 (5) the child's adjustment to his present home,
2 school and community;
3 (6) the mental and physical health of all
4 individuals involved;
5 (7) the family ties between the child and the
6 applicant to adopt the child and the value of preserving
7 family ties between the child and the child's relatives,
8 including siblings;
9 (8) the background, race, ethnic heritage,
10 behavior, age and living arrangements of the applicant to
11 adopt the child;
12 (9) the criminal background check report presented
13 to the court as part of the investigation required under
14 Section 6 of this Act.
15 In considering these factors, the guardian shall not give
16 the child's race or ethnic heritage priority over other
17 relevant factors.
18 (c) The final determination of the propriety of the
19 adoption shall be within the sole discretion of the court,
20 which shall base its decision on the welfare and best
21 interest of the child. In arriving at this decision, the
22 court shall consider all relevant factors including but not
23 limited to the factors in subsection (b). In considering
24 these factors, the court shall not give the child's race or
25 ethnic heritage priority over other relevant factors.
26 (d) If the court specifically finds that the guardian
27 has abused his discretion by withholding consent to an
28 adoption in violation of the child's welfare and best
29 interests, then the court may grant an adoption, after all of
30 the other provisions of this Act have been complied with,
31 with or without the consent of the guardian with power to
32 consent to adoption. If the court specifically finds that
33 the guardian has abused his discretion by granting consent to
34 an adoption in violation of the child's welfare and best
SB780 Enrolled -44- LRB9001474DJcc
1 interests, then the court may deny an adoption even though
2 the guardian with power to consent to adoption has consented
3 to it.
4 (Source: P.A. 87-1129.)
5 Section 95. No acceleration or delay. Where this Act
6 makes changes in a statute that is represented in this Act by
7 text that is not yet or no longer in effect (for example, a
8 Section represented by multiple versions), the use of that
9 text does not accelerate or delay the taking effect of (i)
10 the changes made by this Act or (ii) provisions derived from
11 any other Public Act.
12 Section 99. Effective date. This Act takes effect upon
13 becoming law.