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91_HB3445
LRB9111175MWgc
1 AN ACT concerning foster parents.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Children and Family Services Act is
5 amended by changing Section 7.2 as follows:
6 (20 ILCS 505/7.2)
7 Sec. 7.2. Placement; task force on foster parents' Bill
8 of Rights. The Governor shall establish a task force to
9 examine the rights and responsibilities of foster parents, to
10 draft a foster parents' bill of rights and responsibilities,
11 and to propose statutory or regulatory changes necessary to
12 implement such a bill of rights. The task force shall also
13 advise the Director of Children and Family Services in the
14 direction and scope of programs affecting foster parents. The
15 task force shall consider the following in drafting a foster
16 parents' bill of rights and responsibilities:
17 (1) The right to be treated with dignity, respect,
18 and consideration as team members who are making
19 important contributions to the objectives of the child
20 welfare system.
21 (2) The right to promote the continuance of
22 positive family patterns and routines, thus acknowledging
23 the ebb and flow of family life and its normalizing
24 benefits to a child in their care.
25 (3) The right to be provided training and be given
26 support in improving their skills in providing daily care
27 and meeting the special needs of a child in their care.
28 (4) The right to be informed as to how to contact
29 the appropriate child placement agency in order to
30 receive information and assistance to access supportive
31 services for children in their care.
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1 (5) The right to receive timely financial
2 reimbursement.
3 (6) The right to have a clear, written
4 understanding of a placement agency's plan concerning the
5 placement of a child in their home.
6 (7) The right to a fair, timely, and impartial
7 investigation.
8 (8) The right, at any time during which a child is
9 placed with the foster parent, to request additional or
10 necessary information that is relevant to the care of the
11 child.
12 (9) The right to be notified of all scheduled
13 meetings and staffings concerning the foster child in
14 order to actively participate in the case planning and
15 decision making process regarding the child in their
16 care, including the right to be informed of decisions
17 made by the courts or the agency concerning the child. A
18 foster parent's input shall be considered in the same
19 manner as information presented by any other professional
20 on the team. Foster parents may communicate with other
21 professionals who work with the foster child, including
22 therapists, physicians, and teachers.
23 (10) The right to be provided, in a timely and
24 consistent manner, with any information a caseworker has
25 regarding the child and the child's biological family, if
26 the information is pertinent to the care and needs of the
27 child and to the making of a permanency plan for the
28 child.
29 (11) The right to reasonable notice of any change
30 in a child's case plan or of plans to terminate the
31 placement of the child with the foster parents and of the
32 reasons for the change or termination in placement.
33 (12) The right to be notified of all court
34 hearings, in a timely and complete manner, including the
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1 date and time of the court hearing, the name of the judge
2 or hearing officer hearing the case, the location of the
3 court proceeding, and the court's docket number of the
4 case and the right to intervene in court proceedings or
5 to seek mandamus of agency case plans concerning the
6 child's placement under the Juvenile Court Act of 1987.
7 (13) The right to be notified when a foster child
8 who has formerly been placed successfully with the foster
9 parents is to be reentered into foster care placement and
10 to be considered as an appropriate placement of the child
11 in order to maintain continuity for the child; except
12 that consideration should not be deemed a legal
13 presumption in favor of the foster parents and should be
14 consistent with the best interests of the child.
15 (14) The right to have access to the existing
16 appeals process with the child placement agency and, as
17 part of the process, to file an appeal if any of the
18 foster parent's rights have been violated and to be
19 informed of the Foster Parent Hotline, established under
20 this Act, and all of the rights accorded to foster
21 parents concerning reports of caseworker misconduct,
22 confidential handling of those reports, and investigation
23 by the Inspector General.
24 (15) The responsibility to openly communicate and
25 to share information about the child with other members
26 of the child welfare team.
27 (16) The responsibility to respect the
28 confidentiality of issues concerning foster children and
29 their families and to act appropriately within applicable
30 confidentiality guidelines.
31 (17) The responsibility to advocate for children in
32 obtaining needed services and protection.
33 (18) The responsibility to treat children in their
34 care with respect, dignity, and a nonjudgmental attitude.
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1 (19) The responsibility to recognize their own
2 individual familial strengths and limitations and service
3 needs in providing care for foster children according to
4 the child's age, sex, developmental or special needs,
5 family relationships, culture, and permanency goals.
6 (20) The responsibility to be aware of the benefits
7 of relying on and affiliating with other foster parents
8 and foster parent associations in providing quality care
9 and service to children and families.
10 (21) The responsibility to assess their individual
11 training needs and to take action to meet those needs.
12 (22) The responsibility to recognize the impact
13 that placement disruption has on all members of the
14 foster family, to develop strategies to prevent placement
15 disruptions, and to provide support for the foster
16 children and members of the foster family when
17 disruptions occur.
18 (23) The responsibility to know the impact foster
19 parenting has on individuals and family relationships,
20 and to endeavor to minimize, as much as possible, any
21 stress that results from foster parenting.
22 (24) The responsibility to know the rewards and
23 benefits to children, parents, families, and society that
24 come from foster parenting and to promote the foster
25 parenting experience in a positive way.
26 (25) The responsibility to know the role, rights,
27 and responsibilities of foster parents and professionals
28 in the child welfare system.
29 (26) The responsibility to know the child welfare
30 agency's policy regarding allegations that foster parents
31 have committed child abuse or neglect, how to prevent
32 allegations, and how to access appropriate support
33 systems should an investigation occur.
34 (27) The responsibility to know the purpose of
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1 administrative case review, client service plans, and
2 court processes, as well as any filing or time
3 requirements associated with these proceedings, and to
4 actively participate in their designated role in these
5 proceedings.
6 (28) The responsibility to know the child welfare
7 agency's appeal procedure for foster parents and the
8 rights of foster parents under the procedure.
9 (29) The responsibility to understand the
10 importance of maintaining accurate and relevant records
11 regarding the child's history and progress and the
12 responsibility to be aware of and to follow the
13 structure, procedures, and regulations of the child
14 welfare agency with which they are licensed or
15 affiliated.
16 The task force shall consist of 15 members. The Director
17 of the Department of Children and Family Services shall serve
18 as the chair of the task force. The Governor shall appoint 4
19 representatives from private child welfare agencies that
20 contract with the Department to provide substitute care, 2
21 from the Department's Foster Parents Advisory Council, and 4
22 representatives from private foster parent organizations,
23 including 2 from the Illinois Foster Parent Association. The
24 task force shall also include one representative appointed by
25 each of the following legislative leaders: the Speaker of the
26 House of Representatives, the Minority Leader of the House of
27 Representatives, the President of the Senate, and Minority
28 Leader of the Senate. The task force shall meet as frequently
29 as may be needed to accomplish its purpose, but shall meet no
30 less than quarterly each year. The members shall serve
31 without compensation with the exception of per diem travel
32 expenses. The Department of Children and Family Services
33 shall provide staffing and support costs.
34 The Task Force shall report its recommendations to the
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1 Governor and to the General Assembly by November 1, 1994.
2 (Source: P.A. 88-550, eff. 7-3-94.)