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91_SB1109
LRB9105025DHmg
1 AN ACT in relation to child welfare.
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 5 and adding Section 17a-13 as
6 follows:
7 (20 ILCS 505/5) (from Ch. 23, par. 5005)
8 Sec. 5. Direct child welfare services; Department of
9 Children and Family Services. To provide direct child
10 welfare services when not available through other public or
11 private child care or program facilities.
12 (a) For purposes of this Section:
13 (1) "Children" means persons found within the State
14 who are under the age of 18 years. The term also
15 includes persons under age 19 who:
16 (A) were committed to the Department pursuant
17 to the Juvenile Court Act or the Juvenile Court Act
18 of 1987, as amended, prior to the age of 18 and who
19 continue under the jurisdiction of the court; or
20 (B) were accepted for care, service and
21 training by the Department prior to the age of 18
22 and whose best interest in the discretion of the
23 Department would be served by continuing that care,
24 service and training because of severe emotional
25 disturbances, physical disability, social adjustment
26 or any combination thereof, or because of the need
27 to complete an educational or vocational training
28 program.
29 (2) "Homeless youth" means persons found within the
30 State who are under the age of 19, are not in a safe and
31 stable living situation and cannot be reunited with their
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1 families.
2 (3) "Child welfare services" means public social
3 services which are directed toward the accomplishment of
4 the following purposes:
5 (A) protecting and promoting the health,
6 safety and welfare of children, including homeless,
7 dependent or neglected children;
8 (B) remedying, or assisting in the solution of
9 problems which may result in, the neglect, abuse,
10 exploitation or delinquency of children;
11 (C) preventing the unnecessary separation of
12 children from their families by identifying family
13 problems, assisting families in resolving their
14 problems, and preventing the breakup of the family
15 where the prevention of child removal is desirable
16 and possible when the child can be cared for at home
17 without endangering the child's health and safety;
18 (D) restoring to their families children who
19 have been removed, by the provision of services to
20 the child and the families when the child can be
21 cared for at home without endangering the child's
22 health and safety;
23 (E) placing children in suitable adoptive
24 homes, in cases where restoration to the biological
25 family is not safe, possible or appropriate;
26 (F) assuring safe and adequate care of
27 children away from their homes, in cases where the
28 child cannot be returned home or cannot be placed
29 for adoption. At the time of placement, the
30 Department shall consider concurrent planning, as
31 described in subsection (l-1) of this Section so
32 that permanency may occur at the earliest
33 opportunity. Consideration should be given so that
34 if reunification fails or is delayed, the placement
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1 made is the best available placement to provide
2 permanency for the child;
3 (G) (blank);
4 (H) (blank); and
5 (I) placing and maintaining children in
6 facilities that provide separate living quarters for
7 children under the age of 18 and for children 18
8 years of age and older, unless a child 18 years of
9 age is in the last year of high school education or
10 vocational training, in an approved individual or
11 group treatment program, in a licensed shelter
12 facility, or secure child care facility. The
13 Department is not required to place or maintain
14 children:
15 (i) who are in a foster home, or
16 (ii) who are persons with a developmental
17 disability, as defined in the Mental Health and
18 Developmental Disabilities Code, or
19 (iii) who are female children who are
20 pregnant, pregnant and parenting or parenting,
21 or
22 (iv) who are siblings,
23 in facilities that provide separate living quarters
24 for children 18 years of age and older and for
25 children under 18 years of age.
26 (b) Nothing in this Section shall be construed to
27 authorize the expenditure of public funds for the purpose of
28 performing abortions.
29 (c) The Department shall establish and maintain
30 tax-supported child welfare services and extend and seek to
31 improve voluntary services throughout the State, to the end
32 that services and care shall be available on an equal basis
33 throughout the State to children requiring such services.
34 (d) The Director may authorize advance disbursements for
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1 any new program initiative to any agency contracting with the
2 Department. As a prerequisite for an advance disbursement,
3 the contractor must post a surety bond in the amount of the
4 advance disbursement and have a purchase of service contract
5 approved by the Department. The Department may pay up to 2
6 months operational expenses in advance. The amount of the
7 advance disbursement shall be prorated over the life of the
8 contract or the remaining months of the fiscal year,
9 whichever is less, and the installment amount shall then be
10 deducted from future bills. Advance disbursement
11 authorizations for new initiatives shall not be made to any
12 agency after that agency has operated during 2 consecutive
13 fiscal years. The requirements of this Section concerning
14 advance disbursements shall not apply with respect to the
15 following: payments to local public agencies for child day
16 care services as authorized by Section 5a of this Act; and
17 youth service programs receiving grant funds under Section
18 17a-4.
19 (e) (Blank).
20 (f) (Blank).
21 (g) The Department shall establish rules and regulations
22 concerning its operation of programs designed to meet the
23 goals of child safety and protection, family preservation,
24 family reunification, and adoption, including but not limited
25 to:
26 (1) adoption;
27 (2) foster care;
28 (3) family counseling;
29 (4) protective services;
30 (5) (blank);
31 (6) homemaker service;
32 (7) return of runaway children;
33 (8) (blank);
34 (9) placement under Section 5-7 of the Juvenile
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1 Court Act or Section 2-27, 3-28, 4-25 or 5-740 of the
2 Juvenile Court Act of 1987 in accordance with the federal
3 Adoption Assistance and Child Welfare Act of 1980; and
4 (10) interstate services.
5 Rules and regulations established by the Department shall
6 include provisions for training Department staff and the
7 staff of Department grantees, through contracts with other
8 agencies or resources, in alcohol and drug abuse screening
9 techniques approved by the Department of Human Services, as a
10 successor to the Department of Alcoholism and Substance
11 Abuse, for the purpose of identifying children and adults who
12 should be referred to an alcohol and drug abuse treatment
13 program for 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;
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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 categories of financial
8 assistance and education assistance grants, and shall
9 establish rules and regulations concerning the assistance and
10 grants, to persons who adopt physically or mentally
11 handicapped, older and other hard-to-place children who (i)
12 immediately prior to their adoption were legal wards of the
13 Department or (ii) were determined eligible for financial
14 assistance with respect to a prior adoption and who become
15 available for adoption because the prior adoption has been
16 dissolved and the parental rights of the adoptive parents
17 have been terminated or because the child's adoptive parents
18 have died. The Department may also provide categories of
19 financial assistance and education assistance grants, and
20 shall establish rules and regulations for the assistance and
21 grants, to persons appointed guardian of the person under
22 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
23 4-25 or 5-740 of the Juvenile Court Act of 1987 for children
24 who were wards of the Department for 12 months immediately
25 prior to the appointment of the guardian.
26 The amount of assistance may vary, depending upon the
27 needs of the child and the adoptive parents, as set forth in
28 the annual assistance agreement. Special purpose grants are
29 allowed where the child requires special service but such
30 costs may not exceed the amounts which similar services would
31 cost the Department if it were to provide or secure them as
32 guardian of the child.
33 Any financial assistance provided under this subsection
34 is inalienable by assignment, sale, execution, attachment,
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1 garnishment, or any other remedy for recovery or collection
2 of a judgment or debt.
3 (j-5) The Department shall not deny or delay the
4 placement of a child for adoption if an approved family is
5 available either outside of the Department region handling
6 the case, or outside of the State of Illinois.
7 (k) The Department shall accept for care and training
8 any child who has been adjudicated neglected or abused, or
9 dependent committed to it pursuant to the Juvenile Court Act
10 or the Juvenile Court Act of 1987.
11 (l) Before July 1, 2000, the Department may provide, and
12 beginning July 1, 2000, the Department shall offer family
13 preservation services, as defined in Section 8.2 of the
14 Abused and Neglected Child Reporting Act, to help families,
15 including adoptive and extended families. Family preservation
16 services shall be offered (i) to prevent the placement of
17 children in substitute care when the children can be cared
18 for at home or in the custody of the person responsible for
19 the children's welfare, (ii) to reunite children with their
20 families, or (iii) to maintain an adoptive placement. Family
21 preservation services shall only be offered when doing so
22 will not endanger the children's health or safety. With
23 respect to children who are in substitute care pursuant to
24 the Juvenile Court Act of 1987, family preservation services
25 shall not be offered if a goal other than those of
26 subdivisions (A), (B), or (B-1) of subsection (2) of Section
27 2-28 of that Act has been set. Nothing in this paragraph
28 shall be construed to create a private right of action or
29 claim on the part of any individual or child welfare agency.
30 The Department shall notify the child and his family of
31 the Department's responsibility to offer and provide family
32 preservation services as identified in the service plan. The
33 child and his family shall be eligible for services as soon
34 as the report is determined to be "indicated". The
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1 Department may offer services to any child or family with
2 respect to whom a report of suspected child abuse or neglect
3 has been filed, prior to concluding its investigation under
4 Section 7.12 of the Abused and Neglected Child Reporting Act.
5 However, the child's or family's willingness to accept
6 services shall not be considered in the investigation. The
7 Department may also provide services to any child or family
8 who is the subject of any report of suspected child abuse or
9 neglect or may refer such child or family to services
10 available from other agencies in the community, even if the
11 report is determined to be unfounded, if the conditions in
12 the child's or family's home are reasonably likely to subject
13 the child or family to future reports of suspected child
14 abuse or neglect. Acceptance of such services shall be
15 voluntary.
16 The Department may, at its discretion except for those
17 children also adjudicated neglected or dependent, accept for
18 care and training any child who has been adjudicated
19 addicted, as a truant minor in need of supervision or as a
20 minor requiring authoritative intervention, under the
21 Juvenile Court Act or the Juvenile Court Act of 1987, but no
22 such child shall be committed to the Department by any court
23 without the approval of the Department. A minor charged with
24 a criminal offense under the Criminal Code of 1961 or
25 adjudicated delinquent shall not be placed in the custody of
26 or committed to the Department by any court, except a minor
27 less than 13 years of age committed to the Department under
28 Section 5-710 of the Juvenile Court Act of 1987.
29 (l-1) The legislature recognizes that the best interests
30 of the child require that the child be placed in the most
31 permanent living arrangement as soon as is practically
32 possible. To achieve this goal, the legislature directs the
33 Department of Children and Family Services to conduct
34 concurrent planning so that permanency may occur at the
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1 earliest opportunity. Permanent living arrangements may
2 include prevention of placement of a child outside the home
3 of the family when the child can be cared for at home without
4 endangering the child's health or safety; reunification with
5 the family, when safe and appropriate, if temporary placement
6 is necessary; or movement of the child toward the most
7 permanent living arrangement and permanent legal status.
8 When determining reasonable efforts to be made with
9 respect to a child, as described in this subsection, and in
10 making such reasonable efforts, the child's health and safety
11 shall be the paramount concern.
12 When a child is placed in foster care, the Department
13 shall ensure and document that reasonable efforts were made
14 to prevent or eliminate the need to remove the child from the
15 child's home. The Department must make reasonable efforts to
16 reunify the family when temporary placement of the child
17 occurs unless otherwise required, pursuant to the Juvenile
18 Court Act of 1987. At any time after the dispositional
19 hearing where the Department believes that further
20 reunification services would be ineffective, it may request a
21 finding from the court that reasonable efforts are no longer
22 appropriate. The Department is not required to provide
23 further reunification services after such a finding.
24 A decision to place a child in substitute care shall be
25 made with considerations of the child's health, safety, and
26 best interests. At the time of placement, consideration
27 should also be given so that if reunification fails or is
28 delayed, the placement made is the best available placement
29 to provide permanency for the child.
30 The Department shall adopt rules addressing concurrent
31 planning for reunification and permanency. The Department
32 shall consider the following factors when determining
33 appropriateness of concurrent planning:
34 (1) the likelihood of prompt reunification;
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1 (2) the past history of the family;
2 (3) the barriers to reunification being addressed
3 by the family;
4 (4) the level of cooperation of the family;
5 (5) the foster parents' willingness to work with
6 the family to reunite;
7 (6) the willingness and ability of the foster
8 family to provide an adoptive home or long-term
9 placement;
10 (7) the age of the child;
11 (8) placement of siblings.
12 (m) The Department may assume temporary custody of any
13 child if:
14 (1) it has received a written consent to such
15 temporary custody signed by the parents of the child or
16 by the parent having custody of the child if the parents
17 are not living together or by the guardian or custodian
18 of the child if the child is not in the custody of either
19 parent, or
20 (2) the child is found in the State and neither a
21 parent, guardian nor custodian of the child can be
22 located.
23 If the child is found in his or her residence without a
24 parent, guardian, custodian or responsible caretaker, the
25 Department may, instead of removing the child and assuming
26 temporary custody, place an authorized representative of the
27 Department in that residence until such time as a parent,
28 guardian or custodian enters the home and expresses a
29 willingness and apparent ability to ensure the child's health
30 and safety and resume permanent charge of the child, or until
31 a relative enters the home and is willing and able to ensure
32 the child's health and safety and assume charge of the child
33 until a parent, guardian or custodian enters the home and
34 expresses such willingness and ability to ensure the child's
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1 safety and resume permanent charge. After a caretaker has
2 remained in the home for a period not to exceed 12 hours, the
3 Department must follow those procedures outlined in Section
4 2-9, 3-11, 4-8, or 5-415 5-501 of the Juvenile Court Act of
5 1987.
6 The Department shall have the authority, responsibilities
7 and duties that a legal custodian of the child would have
8 pursuant to subsection (9) of Section 1-3 of the Juvenile
9 Court Act of 1987. Whenever a child is taken into temporary
10 custody pursuant to an investigation under the Abused and
11 Neglected Child Reporting Act, or pursuant to a referral and
12 acceptance under the Juvenile Court Act of 1987 of a minor in
13 limited custody, the Department, during the period of
14 temporary custody and before the child is brought before a
15 judicial officer as required by Section 2-9, 3-11, 4-8, or
16 5-415 5-501 of the Juvenile Court Act of 1987, shall have the
17 authority, responsibilities and duties that a legal custodian
18 of the child would have under subsection (9) of Section 1-3
19 of the Juvenile Court Act of 1987.
20 The Department shall ensure that any child taken into
21 custody is scheduled for an appointment for a medical
22 examination.
23 A parent, guardian or custodian of a child in the
24 temporary custody of the Department who would have custody of
25 the child if he were not in the temporary custody of the
26 Department may deliver to the Department a signed request
27 that the Department surrender the temporary custody of the
28 child. The Department may retain temporary custody of the
29 child for 10 days after the receipt of the request, during
30 which period the Department may cause to be filed a petition
31 pursuant to the Juvenile Court Act of 1987. If a petition is
32 so filed, the Department shall retain temporary custody of
33 the child until the court orders otherwise. If a petition is
34 not filed within the 10 day period, the child shall be
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1 surrendered to the custody of the requesting parent, guardian
2 or custodian not later than the expiration of the 10 day
3 period, at which time the authority and duties of the
4 Department with respect to the temporary custody of the child
5 shall terminate.
6 (m-1) The Department may place children under 18 years
7 of age in a secure child care facility licensed by the
8 Department that cares for children who are in need of secure
9 living arrangements for their health, safety, and well-being
10 after a determination is made by the facility director and
11 the Director or the Director's designate prior to admission
12 to the facility subject to Section 2-27.1 of the Juvenile
13 Court Act of 1987. This subsection (m-1) does not apply to a
14 child who is subject to placement in a correctional facility
15 operated pursuant to Section 3-15-2 of the Unified Code of
16 Corrections.
17 (n) The Department may place children under 18 years of
18 age in licensed child care facilities when in the opinion of
19 the Department, appropriate services aimed at family
20 preservation have been unsuccessful and cannot ensure the
21 child's health and safety or are unavailable and such
22 placement would be for their best interest. Payment for
23 board, clothing, care, training and supervision of any child
24 placed in a licensed child care facility may be made by the
25 Department, by the parents or guardians of the estates of
26 those children, or by both the Department and the parents or
27 guardians, except that no payments shall be made by the
28 Department for any child placed in a licensed child care
29 facility for board, clothing, care, training and supervision
30 of such a child that exceed the average per capita cost of
31 maintaining and of caring for a child in institutions for
32 dependent or neglected children operated by the Department.
33 However, such restriction on payments does not apply in cases
34 where children require specialized care and treatment for
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1 problems of severe emotional disturbance, physical
2 disability, social adjustment, or any combination thereof and
3 suitable facilities for the placement of such children are
4 not available at payment rates within the limitations set
5 forth in this Section. All reimbursements for services
6 delivered shall be absolutely inalienable by assignment,
7 sale, attachment, garnishment or otherwise.
8 (o) The Department shall establish an administrative
9 review and appeal process for children and families who
10 request or receive child welfare services from the
11 Department. Children who are wards of the Department and are
12 placed by private child welfare agencies, and foster families
13 with whom those children are placed, shall be afforded the
14 same procedural and appeal rights as children and families in
15 the case of placement by the Department, including the right
16 to an initial review of a private agency decision by that
17 agency. The Department shall insure that any private child
18 welfare agency, which accepts wards of the Department for
19 placement, affords those rights to children and foster
20 families. The Department shall accept for administrative
21 review and an appeal hearing a complaint made by (i) a child
22 or foster family concerning a decision following an initial
23 review by a private child welfare agency or (ii) a
24 prospective adoptive parent who alleges a violation of
25 subsection (j-5) of this Section. An appeal of a decision
26 concerning a change in the placement of a child shall be
27 conducted in an expedited manner.
28 (p) There is hereby created the Department of Children
29 and Family Services Emergency Assistance Fund from which the
30 Department may provide special financial assistance to
31 families which are in economic crisis when such assistance is
32 not available through other public or private sources and the
33 assistance is deemed necessary to prevent dissolution of the
34 family unit or to reunite families which have been separated
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1 due to child abuse and neglect. The Department shall
2 establish administrative rules specifying the criteria for
3 determining eligibility for and the amount and nature of
4 assistance to be provided. The Department may also enter
5 into written agreements with private and public social
6 service agencies to provide emergency financial services to
7 families referred by the Department. Special financial
8 assistance payments shall be available to a family no more
9 than once during each fiscal year and the total payments to a
10 family may not exceed $500 during a fiscal year.
11 (q) The Department may receive and use, in their
12 entirety, for the benefit of children any gift, donation or
13 bequest of money or other property which is received on
14 behalf of such children, or any financial benefits to which
15 such children are or may become entitled while under the
16 jurisdiction or care of the Department.
17 The Department shall set up and administer no-cost,
18 interest-bearing savings accounts in appropriate financial
19 institutions ("individual accounts") for children for whom
20 the Department is legally responsible and who have been
21 determined eligible for Veterans' Benefits, Social Security
22 benefits, assistance allotments from the armed forces, court
23 ordered payments, parental voluntary payments, Supplemental
24 Security Income, Railroad Retirement payments, Black Lung
25 benefits, or other miscellaneous payments. Interest earned
26 by each individual account shall be credited to the account,
27 unless disbursed in accordance with this subsection.
28 In disbursing funds from children's individual accounts,
29 the Department shall:
30 (1) Establish standards in accordance with State
31 and federal laws for disbursing money from children's
32 individual accounts. In all circumstances, the
33 Department's "Guardianship Administrator" or his or her
34 designee must approve disbursements from children's
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1 individual accounts. The Department shall be responsible
2 for keeping complete records of all disbursements for
3 each individual account for any purpose.
4 (2) Calculate on a monthly basis the amounts paid
5 from State funds for the child's board and care, medical
6 care not covered under Medicaid, and social services; and
7 utilize funds from the child's individual account, as
8 covered by regulation, to reimburse those costs.
9 Monthly, disbursements from all children's individual
10 accounts, up to 1/12 of $13,000,000, shall be deposited
11 by the Department into the General Revenue Fund and the
12 balance over 1/12 of $13,000,000 into the DCFS Children's
13 Services Fund.
14 (3) Maintain any balance remaining after
15 reimbursing for the child's costs of care, as specified
16 in item (2). The balance shall accumulate in accordance
17 with relevant State and federal laws and shall be
18 disbursed to the child or his or her guardian, or to the
19 issuing agency.
20 (r) The Department shall promulgate regulations
21 encouraging all adoption agencies to voluntarily forward to
22 the Department or its agent names and addresses of all
23 persons who have applied for and have been approved for
24 adoption of a hard-to-place or handicapped child and the
25 names of such children who have not been placed for adoption.
26 A list of such names and addresses shall be maintained by the
27 Department or its agent, and coded lists which maintain the
28 confidentiality of the person seeking to adopt the child and
29 of the child shall be made available, without charge, to
30 every adoption agency in the State to assist the agencies in
31 placing such children for adoption. The Department may
32 delegate to an agent its duty to maintain and make available
33 such lists. The Department shall ensure that such agent
34 maintains the confidentiality of the person seeking to adopt
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1 the child and of the child.
2 (s) The Department of Children and Family Services may
3 establish and implement a program to reimburse Department and
4 private child welfare agency foster parents licensed by the
5 Department of Children and Family Services for damages
6 sustained by the foster parents as a result of the malicious
7 or negligent acts of foster children, as well as providing
8 third party coverage for such foster parents with regard to
9 actions of foster children to other individuals. Such
10 coverage will be secondary to the foster parent liability
11 insurance policy, if applicable. The program shall be funded
12 through appropriations from the General Revenue Fund,
13 specifically designated for such purposes.
14 (t) The Department shall perform home studies and
15 investigations and shall exercise supervision over visitation
16 as ordered by a court pursuant to the Illinois Marriage and
17 Dissolution of Marriage Act or the Adoption Act only if:
18 (1) an order entered by an Illinois court
19 specifically directs the Department to perform such
20 services; and
21 (2) the court has ordered one or both of the
22 parties to the proceeding to reimburse the Department for
23 its reasonable costs for providing such services in
24 accordance with Department rules, or has determined that
25 neither party is financially able to pay.
26 The Department shall provide written notification to the
27 court of the specific arrangements for supervised visitation
28 and projected monthly costs within 60 days of the court
29 order. The Department shall send to the court information
30 related to the costs incurred except in cases where the court
31 has determined the parties are financially unable to pay. The
32 court may order additional periodic reports as appropriate.
33 (u) Whenever the Department places a child in a licensed
34 foster home, group home, child care institution, or in a
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1 relative home, the Department shall provide to the caretaker:
2 (1) available detailed information concerning the
3 child's educational and health history, copies of
4 immunization records (including insurance and medical
5 card information), a history of the child's previous
6 placements, if any, and reasons for placement changes
7 excluding any information that identifies or reveals the
8 location of any previous caretaker;
9 (2) a copy of the child's portion of the client
10 service plan, including any visitation arrangement, and
11 all amendments or revisions to it as related to the
12 child; and
13 (3) information containing details of the child's
14 individualized educational plan when the child is
15 receiving special education services.
16 The caretaker shall be informed of any known social or
17 behavioral information (including, but not limited to,
18 criminal background, fire setting, perpetuation of sexual
19 abuse, destructive behavior, and substance abuse) necessary
20 to care for and safeguard the child.
21 (u-5) Effective July 1, 1995, only foster care
22 placements licensed as foster family homes pursuant to the
23 Child Care Act of 1969 shall be eligible to receive foster
24 care payments from the Department. Relative caregivers who,
25 as of July 1, 1995, were approved pursuant to approved
26 relative placement rules previously promulgated by the
27 Department at 89 Ill. Adm. Code 335 and had submitted an
28 application for licensure as a foster family home may
29 continue to receive foster care payments only until the
30 Department determines that they may be licensed as a foster
31 family home or that their application for licensure is denied
32 or until September 30, 1995, whichever occurs first.
33 (v) The Department shall access criminal history record
34 information as defined in the Illinois Uniform Conviction
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1 Information Act and information maintained in the
2 adjudicatory and dispositional record system as defined in
3 subdivision (A)19 of Section 55a of the Civil Administrative
4 Code of Illinois if the Department determines the information
5 is necessary to perform its duties under the Abused and
6 Neglected Child Reporting Act, the Child Care Act of 1969,
7 and the Children and Family Services Act. The Department
8 shall provide for interactive computerized communication and
9 processing equipment that permits direct on-line
10 communication with the Department of State Police's central
11 criminal history data repository. The Department shall
12 comply with all certification requirements and provide
13 certified operators who have been trained by personnel from
14 the Department of State Police. In addition, one Office of
15 the Inspector General investigator shall have training in the
16 use of the criminal history information access system and
17 have access to the terminal. The Department of Children and
18 Family Services and its employees shall abide by rules and
19 regulations established by the Department of State Police
20 relating to the access and dissemination of this information.
21 (w) Within 120 days of August 20, 1995 (the effective
22 date of Public Act 89-392), the Department shall prepare and
23 submit to the Governor and the General Assembly, a written
24 plan for the development of in-state licensed secure child
25 care facilities that care for children who are in need of
26 secure living arrangements for their health, safety, and
27 well-being. For purposes of this subsection, secure care
28 facility shall mean a facility that is designed and operated
29 to ensure that all entrances and exits from the facility, a
30 building or a distinct part of the building, are under the
31 exclusive control of the staff of the facility, whether or
32 not the child has the freedom of movement within the
33 perimeter of the facility, building, or distinct part of the
34 building. The plan shall include descriptions of the types
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1 of facilities that are needed in Illinois; the cost of
2 developing these secure care facilities; the estimated number
3 of placements; the potential cost savings resulting from the
4 movement of children currently out-of-state who are projected
5 to be returned to Illinois; the necessary geographic
6 distribution of these facilities in Illinois; and a proposed
7 timetable for development of such facilities.
8 (Source: P.A. 89-21, eff. 6-6-95; 89-392, eff. 8-20-95;
9 89-507, eff. 7-1-97; 89-626, eff. 8-9-96; 90-11, eff. 1-1-98;
10 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-362, eff. 1-1-98;
11 90-590, eff. 1-1-99; 90-608, eff. 6-30-98; 90-655, eff.
12 7-30-98; revised 12-23-98.)
13 (20 ILCS 505/71a-13 new)
14 Sec. 71a-13. The Department shall establish a minimum of
15 3 citizen review panels for the purpose of evaluating the
16 extent to which public and private agencies are effectively
17 discharging their child protection responsibilities as
18 required by the State plan submitted under guidelines of the
19 federal Child Abuse Prevention and Treatment Act.
20 Each citizen review panel shall be composed of volunteer
21 members who are broadly representative of State and community
22 leaders, including members who have expertise in the
23 prevention and treatment of child abuse and neglect.
24 Existing advisory groups that have been established under
25 State or federal law by the Department may be designated as
26 citizen review panels if they have the capacity to perform
27 the required functions.
28 (20 ILCS 505/17a-12 rep.)
29 Section 10. The Children and Family Services Act is
30 amended by repealing Section 17a-12.
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1 Section 15. The School Code is amended by changing
2 Section 22.6 as follows:
3 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
4 Sec. 10-22.6. Suspension or expulsion of pupils; school
5 searches.
6 (a) To expel pupils guilty of gross disobedience or
7 misconduct, and no action shall lie against them for such
8 expulsion. Expulsion shall take place only after the parents
9 have been requested to appear at a meeting of the board, or
10 with a hearing officer appointed by it, to discuss their
11 child's behavior. Such request shall be made by registered or
12 certified mail and shall state the time, place and purpose of
13 the meeting. The board, or a hearing officer appointed by it,
14 at such meeting shall state the reasons for dismissal and the
15 date on which the expulsion is to become effective. If a
16 hearing officer is appointed by the board he shall report to
17 the board a written summary of the evidence heard at the
18 meeting and the board may take such action thereon as it
19 finds appropriate.
20 (b) To suspend or by regulation to authorize the
21 superintendent of the district or the principal, assistant
22 principal, or dean of students of any school to suspend
23 pupils guilty of gross disobedience or misconduct, or to
24 suspend pupils guilty of gross disobedience or misconduct on
25 the school bus from riding the school bus, and no action
26 shall lie against them for such suspension. The board may by
27 regulation authorize the superintendent of the district or
28 the principal, assistant principal, or dean of students of
29 any school to suspend pupils guilty of such acts for a period
30 not to exceed 10 school days. If a pupil is suspended due to
31 gross disobedience or misconduct on a school bus, the board
32 may suspend the pupil in excess of 10 school days for safety
33 reasons. Any suspension shall be reported immediately to the
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1 parents or guardian of such pupil along with a full statement
2 of the reasons for such suspension and a notice of their
3 right to a review, a copy of which shall be given to the
4 school board. Upon request of the parents or guardian the
5 school board or a hearing officer appointed by it shall
6 review such action of the superintendent or principal,
7 assistant principal, or dean of students. At such review the
8 parents or guardian of the pupil may appear and discuss the
9 suspension with the board or its hearing officer. If a
10 hearing officer is appointed by the board he shall report to
11 the board a written summary of the evidence heard at the
12 meeting. After its hearing or upon receipt of the written
13 report of its hearing officer, the board may take such action
14 as it finds appropriate. School personnel shall cooperate
15 fully with investigators from the Department of Children and
16 Family Services acting pursuant to the Abused and Neglected
17 Child Reporting Act and with law enforcement officers
18 investigating alleged child abuse or neglect. When a
19 Department of Children and Family Services investigator or a
20 law enforcement investigator requests that a student be
21 interviewed at school, school personnel shall cooperate. The
22 investigator or investigators shall be permitted to interview
23 the student without school personnel present, if their
24 presence would, in the opinion of the investigators,
25 prejudice or impede the investigation. Parents of the
26 student interviewed shall be notified of the interview by
27 DCFS or law enforcement, as soon as practicable unless the
28 notification would, in the opinion of the investigator,
29 prejudice or impede the investigation.
30 (c) The Department of Human Services shall be invited to
31 send a representative to consult with the board at such
32 meeting whenever there is evidence that mental illness may be
33 the cause for expulsion or suspension.
34 (d) The board may expel a student for a definite period
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1 of time not to exceed 2 calendar years, as determined on a
2 case by case basis. A student who is determined to have
3 brought a weapon to school, any school-sponsored activity or
4 event, or any activity or event which bears a reasonable
5 relationship to school shall be expelled for a period of not
6 less than one year, except that the expulsion period may be
7 modified by the superintendent, and the superintendent's
8 determination may be modified by the board on a case by case
9 basis. For the purpose of this Section, the term "weapon"
10 means (1) possession, use, control, or transfer of any gun,
11 rifle, shotgun, weapon as defined by Section 921 of Title 18,
12 United States Code, firearm as defined in Section 1.1 of the
13 Firearm Owners Identification Act, or use of a weapon as
14 defined in Section 24-1 of the Criminal Code, (2) any other
15 object if used or attempted to be used to cause bodily harm,
16 including but not limited to, knives, brass knuckles, or
17 billy clubs, or (3) "look alikes" of any weapon as defined in
18 this Section. Expulsion or suspension shall be construed in a
19 manner consistent with the Federal Individuals with
20 Disabilities Education Act. A student who is subject to
21 suspension or expulsion as provided in this Section may be
22 eligible for a transfer to an alternative school program in
23 accordance with Article 13A of the School Code. The
24 provisions of this subsection (d) apply in all school
25 districts, including special charter districts and districts
26 organized under Article 34.
27 (e) To maintain order and security in the schools,
28 school authorities may inspect and search places and areas
29 such as lockers, desks, parking lots, and other school
30 property and equipment owned or controlled by the school, as
31 well as personal effects left in those places and areas by
32 students, without notice to or the consent of the student,
33 and without a search warrant. As a matter of public policy,
34 the General Assembly finds that students have no reasonable
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1 expectation of privacy in these places and areas or in their
2 personal effects left in these places and areas. School
3 authorities may request the assistance of law enforcement
4 officials for the purpose of conducting inspections and
5 searches of lockers, desks, parking lots, and other school
6 property and equipment owned or controlled by the school for
7 illegal drugs, weapons, or other illegal or dangerous
8 substances or materials, including searches conducted through
9 the use of specially trained dogs. If a search conducted in
10 accordance with this Section produces evidence that the
11 student has violated or is violating either the law, local
12 ordinance, or the school's policies or rules, such evidence
13 may be seized by school authorities, and disciplinary action
14 may be taken. School authorities may also turn over such
15 evidence to law enforcement authorities. The provisions of
16 this subsection (e) apply in all school districts, including
17 special charter districts and districts organized under
18 Article 34.
19 (f) Suspension or expulsion may include suspension or
20 expulsion from school and all school activities and a
21 prohibition from being present on school grounds.
22 (Source: P.A. 89-371, eff. 1-1-96; 89-507, eff. 7-1-97;
23 89-610, eff. 8-6-96; P.A. 90-14, eff. 7-1-97; 90-548, eff.
24 1-1-98; 90-757, eff. 8-14-98.)
25 Section 20. The Child Care Act of 1969 is amended by
26 changing Section 2.01 as follows:
27 (225 ILCS 10/2.01) (from Ch. 23, par. 2212.01)
28 Sec. 2.01. Child. "Child" means any person under 18
29 years of age. For purposes of admission to and residence in
30 child care institutions, group homes, and maternity centers,
31 the term also means any person under 21 years of age who is
32 referred by a parent or guardian, including an agency having
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1 legal responsibility for the person pursuant to the Juvenile
2 Court Act or the Juvenile Court Act of 1987. Termination of
3 care for such persons under 21 years of age shall occur no
4 later than 90 days following completion of a public school
5 secondary education program or the individual's eligibility
6 for such a program.
7 (Source: P.A. 85-1209.)
8 Section 25. The Abused and Neglected Child Reporting Act
9 is amended by changing Sections 7.8 and 7.14 as follows:
10 (325 ILCS 5/7.8) (from Ch. 23, par. 2057.8)
11 Sec. 7.8. Upon receiving an oral or written report of
12 suspected child abuse or neglect, the Department shall
13 immediately notify, either orally or electronically, the
14 Child Protective Service Unit of a previous report concerning
15 a subject of the present report or other pertinent
16 information. In addition, upon satisfactory identification
17 procedures, to be established by Department regulation, any
18 person authorized to have access to records under Section
19 11.1 relating to child abuse and neglect may request and
20 shall be immediately provided the information requested in
21 accordance with this Act. However, no information shall be
22 released unless it prominently states the report is
23 "indicated", and only information from "indicated" reports
24 shall be released, except that information concerning pending
25 reports may be released to any person authorized under
26 paragraphs (1), (2), (3) and (11) of Section 11.1. In
27 addition, State's Attorneys are authorized to receive
28 unfounded reports for prosecution purposes related to the
29 transmission of false reports of child abuse or neglect in
30 violation of subsection (a), paragraph (7) of Section 26-1 of
31 the Criminal Code of 1961 and when there is a case pending
32 under the Juvenile Court Act of 1987 in the county where the
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1 State's Attorney serves involving a child who is the subject
2 of the unfounded report; and guardians ad litem appointed
3 under Article II of the Juvenile Court Act of 1987 shall
4 receive the classified reports set forth in Section 7.14 of
5 this Act in conformance with paragraph (19) of Section 11.1
6 and Section 7.14 of this Act. The names and other identifying
7 data and the dates and the circumstances of any persons
8 requesting or receiving information from the central register
9 shall be entered in the register record.
10 (Source: P.A. 86-904; 86-1293; 87-649.)
11 (325 ILCS 5/7.14) (from Ch. 23, par. 2057.14)
12 Sec. 7.14. All reports in the central register shall be
13 classified in one of three categories: "indicated",
14 "unfounded" or "undetermined", as the case may be. After the
15 report is classified, the person making the classification
16 shall determine whether the child named in the report is the
17 subject of an action under Article II of the Juvenile Court
18 Act of 1987. If the child is the subject of an action under
19 Article II of the Juvenile Court Act, the Department shall
20 transmit a copy of the report to the guardian ad litem
21 appointed for the child under Section 2-17 of the Juvenile
22 Court Act and to the State's Attorney of the county in which
23 the action is pending. All information identifying the
24 subjects of an unfounded report shall be expunged from the
25 register forthwith, except as provided in Section 7.7.
26 Unfounded reports may only be made available to the Child
27 Protective Service Unit when investigating a subsequent
28 report of suspected abuse or maltreatment involving a child
29 named in the unfounded report; and to the subject of the
30 report, provided that the subject requests the report within
31 60 days of being notified that the report was unfounded. The
32 Child Protective Service Unit shall not indicate the
33 subsequent report solely based upon the existence of the
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1 prior unfounded report or reports. Notwithstanding any other
2 provision of law to the contrary, an unfounded report shall
3 not be admissible in any judicial or administrative
4 proceeding or action. Identifying information on all other
5 records shall be removed from the register no later than 5
6 years after the report is indicated. However, if another
7 report is received involving the same child, his sibling or
8 offspring, or a child in the care of the persons responsible
9 for the child's welfare, the identifying information may be
10 maintained in the register until 5 years after the subsequent
11 case or report is closed.
12 Notwithstanding any other provision of this Section,
13 identifying information in indicated reports involving the
14 sexual abuse of a child, the death of a child, or serious
15 physical injury to a child as defined by the Department in
16 rules, may be retained longer than 5 years after the report
17 is indicated or after the subsequent case or report is
18 closed, and may not be removed from the register except as
19 provided by the Department in rules.
20 (Source: P.A. 90-15, eff. 6-13-97.)
21 Section 30. The Adoption Act is amended by changing
22 Section 11 as follows:
23 (750 ILCS 50/11) (from Ch. 40, par. 1513)
24 Sec. 11. Consents, surrenders, irrevocability.
25 (a) A consent to adoption by a parent, including a
26 minor, executed and acknowledged in accordance with the
27 provisions of Section 8 of this Act, or a surrender of a
28 child by a parent, including a minor, to an agency for the
29 purpose of adoption shall be irrevocable unless it shall have
30 been obtained by fraud or duress on the part of the person
31 before whom such consent, surrender, or other document
32 equivalent to a surrender is acknowledged pursuant to the
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1 provisions of Section 10 of this Act or on the part of the
2 adopting parents or their agents and a court of competent
3 jurisdiction shall so find. No action to void or revoke a
4 consent to or surrender for adoption, including an action
5 based on fraud or duress, may be commenced after 12 months
6 from the date the consent or surrender was executed. The
7 consent or surrender of a parent who is a minor shall not be
8 voidable because of such minority.
9 (b) The petitioners in an adoption proceeding are
10 entitled to rely upon a sworn statement of the biological
11 mother of the child to be adopted identifying the father of
12 her child. The affidavit shall be conclusive evidence as to
13 the biological mother regarding the facts stated therein, and
14 shall create a rebuttable presumption of truth as to the
15 biological father only. Except as provided in Section 11 of
16 this Act, the biological mother of the child shall be
17 permanently barred from attacking the proceeding thereafter.
18 The biological mother shall execute such affidavit in writing
19 and under oath. The affidavit shall be executed by the
20 biological mother before or at the time of execution of the
21 consent or surrender, and shall be retained by the court and
22 be a part of the Court's files. The form of affidavit shall
23 be substantially as follows:
24 AFFIDAVIT OF IDENTIFICATION
25 I, ................., the mother of ................., a
26 (male or female) child, state under oath or affirm as
27 follows:
28 (1) That the child was born, or is expected to be born,
29 on (insert date), the ... day of ..........., 199.., at
30 ......................., in the State of ...................
31 (2) That I reside at .................., in the City or
32 Village of ..........., State of ...................
33 (3) That I am of the age of ....... years.
34 (4) That I acknowledge that I have been asked to
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1 identify the father of my child.
2 (5) (CHECK ONE)
3 .... I know and am identifying the biological father.
4 .... I do not know the identity of the biological father.
5 .... I am unwilling to identify the biological father.
6 (6A) If I know and am identifying the father:
7 That the name of the biological father is
8 ....................; his last known home address is
9 ............; his last known work address is
10 ....................; and he is ..... years of age; or he is
11 deceased, having died on (insert date) the ...... day of
12 ............, 19...., at .............., in the State of
13 ..................
14 (6B) If I do not know the identity of the biological
15 father:
16 I do not know who the biological father is; the following
17 is an explanation of why I am unable to identify him:
18 .............................................................
19 .............................................................
20 .............................................................
21 (6C) If I am unwilling to identify the biological
22 father:
23 I do not wish to name the biological father of the child
24 for the following reasons:
25 .............................................................
26 .............................................................
27 .............................................................
28 (7) The physical description of the biological father
29 is: .........................................................
30 .............................................................
31 .............................................................
32 (8) I reaffirm that the information contained in
33 paragraphs 5, 6, and 7, inclusive, is true and correct.
34 (9) I have been informed and understand that if I am
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1 unwilling, refuse to identify, or misidentify the biological
2 father of the child, absent fraud or duress, I am permanently
3 barred from attacking the proceedings for the adoption of the
4 child at any time after I sign a final and irrevocable
5 consent to adoption or surrender for purposes of adoption.
6 (10) I have read this Affidavit and have had the
7 opportunity to review and question it; it was explained to me
8 by ............................; and I am signing it as my
9 free and voluntary act and understand the contents and the
10 results of signing it.
11 Dated (insert date). this... day of ...................,
12 199...
13 ...................................
14 Signature
15 Under penalties as provided by law under Section 1-109 of
16 the Code of Civil Procedure, the undersigned certifies that
17 the statements set forth in this Affidavit are true and
18 correct.
19 ...................................
20 Signature
21 (Source: P.A. 88-550, eff. 7-3-94; 89-315, eff. 1-1-96;
22 revised 10-20-98.)
23 Section 99. Effective date. This Act takes effect upon
24 becoming law.
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1 INDEX
2 Statutes amended in order of appearance
3 20 ILCS 505/5 from Ch. 23, par. 5005
4 20 ILCS 505/71a-13 new
5 20 ILCS 505/17a-12 rep.
6 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6
7 225 ILCS 10/2.01 from Ch. 23, par. 2212.01
8 325 ILCS 5/7.8 from Ch. 23, par. 2057.8
9 325 ILCS 5/7.14 from Ch. 23, par. 2057.14
10 750 ILCS 50/11 from Ch. 40, par. 1513