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92_HB3305eng HB3305 Engrossed LRB9205129TAtm 1 AN ACT concerning children and family services. 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 Sections 5 and 21 as follows: 6 (20 ILCS 505/5) (from Ch. 23, par. 5005) 7 Sec. 5. Direct child welfare services; Department of 8 Children and Family Services. To provide direct child 9 welfare services when not available through other public or 10 private child care or program facilities. 11 (a) For purposes of this Section: 12 (1) "Children" means persons found within the State 13 who are under the age of 18 years. The term also 14 includes persons under age 19 who: 15 (A) were committed to the Department pursuant 16 to the Juvenile Court Act or the Juvenile Court Act 17 of 1987, as amended, prior to the age of 18 and who 18 continue under the jurisdiction of the court; or 19 (B) were accepted for care, service and 20 training by the Department prior to the age of 18 21 and whose best interest in the discretion of the 22 Department would be served by continuing that care, 23 service and training because of severe emotional 24 disturbances, physical disability, social adjustment 25 or any combination thereof, or because of the need 26 to complete an educational or vocational training 27 program. 28 (2) "Homeless youth" means persons found within the 29 State who are under the age of 19, are not in a safe and 30 stable living situation and cannot be reunited with their 31 families. HB3305 Engrossed -2- LRB9205129TAtm 1 (3) "Child welfare services" means public social 2 services which are directed toward the accomplishment of 3 the following purposes: 4 (A) protecting and promoting the health, 5 safety and welfare of children, including homeless, 6 dependent or neglected children; 7 (B) remedying, or assisting in the solution of 8 problems which may result in, the neglect, abuse, 9 exploitation or delinquency of children; 10 (C) preventing the unnecessary separation of 11 children from their families by identifying family 12 problems, assisting families in resolving their 13 problems, and preventing the breakup of the family 14 where the prevention of child removal is desirable 15 and possible when the child can be cared for at home 16 without endangering the child's health and safety; 17 (D) restoring to their families children who 18 have been removed, by the provision of services to 19 the child and the families when the child can be 20 cared for at home without endangering the child's 21 health and safety; 22 (E) placing children in suitable adoptive 23 homes, in cases where restoration to the biological 24 family is not safe, possible or appropriate; 25 (F) assuring safe and adequate care of 26 children away from their homes, in cases where the 27 child cannot be returned home or cannot be placed 28 for adoption. At the time of placement, the 29 Department shall consider concurrent planning, as 30 described in subsection (l-1) of this Section so 31 that permanency may occur at the earliest 32 opportunity. Consideration should be given so that 33 if reunification fails or is delayed, the placement 34 made is the best available placement to provide HB3305 Engrossed -3- LRB9205129TAtm 1 permanency for the child; 2 (G) (blank); 3 (H) (blank); and 4 (I) placing and maintaining children in 5 facilities that provide separate living quarters for 6 children under the age of 18 and for children 18 7 years of age and older, unless a child 18 years of 8 age is in the last year of high school education or 9 vocational training, in an approved individual or 10 group treatment program, in a licensed shelter 11 facility, or secure child care facility. The 12 Department is not required to place or maintain 13 children: 14 (i) who are in a foster home, or 15 (ii) who are persons with a developmental 16 disability, as defined in the Mental Health and 17 Developmental Disabilities Code, or 18 (iii) who are female children who are 19 pregnant, pregnant and parenting or parenting, 20 or 21 (iv) who are siblings, 22 in facilities that provide separate living quarters 23 for children 18 years of age and older and for 24 children under 18 years of age. 25 (b) Nothing in this Section shall be construed to 26 authorize the expenditure of public funds for the purpose of 27 performing abortions. 28 (c) The Department shall establish and maintain 29 tax-supported child welfare services and extend and seek to 30 improve voluntary services throughout the State, to the end 31 that services and care shall be available on an equal basis 32 throughout the State to children requiring such services. 33 (d) The Director may authorize advance disbursements for 34 any new program initiative to any agency contracting with the HB3305 Engrossed -4- LRB9205129TAtm 1 Department. As a prerequisite for an advance disbursement, 2 the contractor must post a surety bond in the amount of the 3 advance disbursement and have a purchase of service contract 4 approved by the Department. The Department may pay up to 2 5 months operational expenses in advance. The amount of the 6 advance disbursement shall be prorated over the life of the 7 contract or the remaining months of the fiscal year, 8 whichever is less, and the installment amount shall then be 9 deducted from future bills. Advance disbursement 10 authorizations for new initiatives shall not be made to any 11 agency after that agency has operated during 2 consecutive 12 fiscal years. The requirements of this Section concerning 13 advance disbursements shall not apply with respect to the 14 following: payments to local public agencies for child day 15 care services as authorized by Section 5a of this Act; and 16 youth service programs receiving grant funds under Section 17 17a-4. 18 (e) (Blank). 19 (f) (Blank). 20 (g) The Department shall establish rules and regulations 21 concerning its operation of programs designed to meet the 22 goals of child safety and protection, family preservation, 23 family reunification, and adoption, including but not limited 24 to: 25 (1) adoption; 26 (2) foster care; 27 (3) family counseling; 28 (4) protective services; 29 (5) (blank); 30 (6) homemaker service; 31 (7) return of runaway children; 32 (8) (blank); 33 (9) placement under Section 5-7 of the Juvenile 34 Court Act or Section 2-27, 3-28, 4-25 or 5-740 of the HB3305 Engrossed -5- LRB9205129TAtm 1 Juvenile Court Act of 1987 in accordance with the federal 2 Adoption Assistance and Child Welfare Act of 1980; and 3 (10) interstate services. 4 Rules and regulations established by the Department shall 5 include provisions for training Department staff and the 6 staff of Department grantees, through contracts with other 7 agencies or resources, in alcohol and drug abuse screening 8 techniques approved by the Department of Human Services, as a 9 successor to the Department of Alcoholism and Substance 10 Abuse, for the purpose of identifying children and adults who 11 should be referred to an alcohol and drug abuse treatment 12 program for professional evaluation. 13 (h) If the Department finds that there is no appropriate 14 program or facility within or available to the Department for 15 a ward and that no licensed private facility has an adequate 16 and appropriate program or none agrees to accept the ward, 17 the Department shall create an appropriate individualized, 18 program-oriented plan for such ward. The plan may be 19 developed within the Department or through purchase of 20 services by the Department to the extent that it is within 21 its statutory authority to do. 22 (i) Service programs shall be available throughout the 23 State and shall include but not be limited to the following 24 services: 25 (1) case management; 26 (2) homemakers; 27 (3) counseling; 28 (4) parent education; 29 (5) day care; and 30 (6) emergency assistance and advocacy. 31 In addition, the following services may be made available 32 to assess and meet the needs of children and families: 33 (1) comprehensive family-based services; 34 (2) assessments; HB3305 Engrossed -6- LRB9205129TAtm 1 (3) respite care; and 2 (4) in-home health services. 3 The Department shall provide transportation for any of 4 the services it makes available to children or families or 5 for which it refers children or families. 6 (j) The Department may provide categories of financial 7 assistance and education assistance grants, and shall 8 establish rules and regulations concerning the assistance and 9 grants, to persons who adopt physically or mentally 10 handicapped, older and other hard-to-place children who (i) 11 immediately prior to their adoption were legal wards of the 12 Department or (ii) were determined eligible for financial 13 assistance with respect to a prior adoption and who become 14 available for adoption because the prior adoption has been 15 dissolved and the parental rights of the adoptive parents 16 have been terminated or because the child's adoptive parents 17 have died. The Department may also provide categories of 18 financial assistance and education assistance grants, and 19 shall establish rules and regulations for the assistance and 20 grants, to persons appointed guardian of the person under 21 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28, 22 4-25 or 5-740 of the Juvenile Court Act of 1987 for children 23 who were wards of the Department for 12 months immediately 24 prior to the appointment of the guardian. 25 The amount of assistance may vary, depending upon the 26 needs of the child and the adoptive parents, as set forth in 27 the annual assistance agreement. Special purpose grants are 28 allowed where the child requires special service but such 29 costs may not exceed the amounts which similar services would 30 cost the Department if it were to provide or secure them as 31 guardian of the child. 32 Any financial assistance provided under this subsection 33 is inalienable by assignment, sale, execution, attachment, 34 garnishment, or any other remedy for recovery or collection HB3305 Engrossed -7- LRB9205129TAtm 1 of a judgment or debt. 2 (j-5) The Department shall not deny or delay the 3 placement of a child for adoption if an approved family is 4 available either outside of the Department region handling 5 the case, or outside of the State of Illinois. 6 (k) The Department shall accept for care and training 7 any child who has been adjudicated neglected or abused, or 8 dependent committed to it pursuant to the Juvenile Court Act 9 or the Juvenile Court Act of 1987. 10 (l) Before July 1, 2000, the Department may provide, and 11 beginning July 1, 2000, the Department shall offer family 12 preservation services, as defined in Section 8.2 of the 13 Abused and Neglected Child Reporting Act, to help families, 14 including adoptive and extended families. Family preservation 15 services shall be offered (i) to prevent the placement of 16 children in substitute care when the children can be cared 17 for at home or in the custody of the person responsible for 18 the children's welfare, (ii) to reunite children with their 19 families, or (iii) to maintain an adoptive placement. Family 20 preservation services shall only be offered when doing so 21 will not endanger the children's health or safety. With 22 respect to children who are in substitute care pursuant to 23 the Juvenile Court Act of 1987, family preservation services 24 shall not be offered if a goal other than those of 25 subdivisions (A), (B), or (B-1) of subsection (2) of Section 26 2-28 of that Act has been set. Nothing in this paragraph 27 shall be construed to create a private right of action or 28 claim on the part of any individual or child welfare agency. 29 The Department shall notify the child and his family of 30 the Department's responsibility to offer and provide family 31 preservation services as identified in the service plan. The 32 child and his family shall be eligible for services as soon 33 as the report is determined to be "indicated". The 34 Department may offer services to any child or family with HB3305 Engrossed -8- LRB9205129TAtm 1 respect to whom a report of suspected child abuse or neglect 2 has been filed, prior to concluding its investigation under 3 Section 7.12 of the Abused and Neglected Child Reporting Act. 4 However, the child's or family's willingness to accept 5 services shall not be considered in the investigation. The 6 Department may also provide services to any child or family 7 who is the subject of any report of suspected child abuse or 8 neglect or may refer such child or family to services 9 available from other agencies in the community, even if the 10 report is determined to be unfounded, if the conditions in 11 the child's or family's home are reasonably likely to subject 12 the child or family to future reports of suspected child 13 abuse or neglect. Acceptance of such services shall be 14 voluntary. 15 The Department may, at its discretion except for those 16 children also adjudicated neglected or dependent, accept for 17 care and training any child who has been adjudicated 18 addicted, as a truant minor in need of supervision or as a 19 minor requiring authoritative intervention, under the 20 Juvenile Court Act or the Juvenile Court Act of 1987, but no 21 such child shall be committed to the Department by any court 22 without the approval of the Department. A minor charged with 23 a criminal offense under the Criminal Code of 1961 or 24 adjudicated delinquent shall not be placed in the custody of 25 or committed to the Department by any court, except a minor 26 less than 13 years of age committed to the Department under 27 Section 5-710 of the Juvenile Court Act of 1987. 28 (l-1) The legislature recognizes that the best interests 29 of the child require that the child be placed in the most 30 permanent living arrangement as soon as is practically 31 possible. To achieve this goal, the legislature directs the 32 Department of Children and Family Services to conduct 33 concurrent planning so that permanency may occur at the 34 earliest opportunity. Permanent living arrangements may HB3305 Engrossed -9- LRB9205129TAtm 1 include prevention of placement of a child outside the home 2 of the family when the child can be cared for at home without 3 endangering the child's health or safety; reunification with 4 the family, when safe and appropriate, if temporary placement 5 is necessary; or movement of the child toward the most 6 permanent living arrangement and permanent legal status. 7 When determining reasonable efforts to be made with 8 respect to a child, as described in this subsection, and in 9 making such reasonable efforts, the child's health and safety 10 shall be the paramount concern. 11 When a child is placed in foster care, the Department 12 shall ensure and document that reasonable efforts were made 13 to prevent or eliminate the need to remove the child from the 14 child's home. The Department must make reasonable efforts to 15 reunify the family when temporary placement of the child 16 occurs unless otherwise required, pursuant to the Juvenile 17 Court Act of 1987. At any time after the dispositional 18 hearing where the Department believes that further 19 reunification services would be ineffective, it may request a 20 finding from the court that reasonable efforts are no longer 21 appropriate. The Department is not required to provide 22 further reunification services after such a finding. 23 A decision to place a child in substitute care shall be 24 made with considerations of the child's health, safety, and 25 best interests. At the time of placement, consideration 26 should also be given so that if reunification fails or is 27 delayed, the placement made is the best available placement 28 to provide permanency for the child. 29 The Department shall adopt rules addressing concurrent 30 planning for reunification and permanency. The Department 31 shall consider the following factors when determining 32 appropriateness of concurrent planning: 33 (1) the likelihood of prompt reunification; 34 (2) the past history of the family; HB3305 Engrossed -10- LRB9205129TAtm 1 (3) the barriers to reunification being addressed 2 by the family; 3 (4) the level of cooperation of the family; 4 (5) the foster parents' willingness to work with 5 the family to reunite; 6 (6) the willingness and ability of the foster 7 family to provide an adoptive home or long-term 8 placement; 9 (7) the age of the child; 10 (8) placement of siblings. 11 (m) The Department may assume temporary custody of any 12 child if: 13 (1) it has received a written consent to such 14 temporary custody signed by the parents of the child or 15 by the parent having custody of the child if the parents 16 are not living together or by the guardian or custodian 17 of the child if the child is not in the custody of either 18 parent, or 19 (2) the child is found in the State and neither a 20 parent, guardian nor custodian of the child can be 21 located. 22 If the child is found in his or her residence without a 23 parent, guardian, custodian or responsible caretaker, the 24 Department may, instead of removing the child and assuming 25 temporary custody, place an authorized representative of the 26 Department in that residence until such time as a parent, 27 guardian or custodian enters the home and expresses a 28 willingness and apparent ability to ensure the child's health 29 and safety and resume permanent charge of the child, or until 30 a relative enters the home and is willing and able to ensure 31 the child's health and safety and assume charge of the child 32 until a parent, guardian or custodian enters the home and 33 expresses such willingness and ability to ensure the child's 34 safety and resume permanent charge. After a caretaker has HB3305 Engrossed -11- LRB9205129TAtm 1 remained in the home for a period not to exceed 12 hours, the 2 Department must follow those procedures outlined in Section 3 2-9, 3-11, 4-8, or 5-415 of the Juvenile Court Act of 1987. 4 The Department shall have the authority, responsibilities 5 and duties that a legal custodian of the child would have 6 pursuant to subsection (9) of Section 1-3 of the Juvenile 7 Court Act of 1987. Whenever a child is taken into temporary 8 custody pursuant to an investigation under the Abused and 9 Neglected Child Reporting Act, or pursuant to a referral and 10 acceptance under the Juvenile Court Act of 1987 of a minor in 11 limited custody, the Department, during the period of 12 temporary custody and before the child is brought before a 13 judicial officer as required by Section 2-9, 3-11, 4-8, or 14 5-415 of the Juvenile Court Act of 1987, shall have the 15 authority, responsibilities and duties that a legal custodian 16 of the child would have under subsection (9) of Section 1-3 17 of the Juvenile Court Act of 1987. 18 The Department shall ensure that any child taken into 19 custody is scheduled for an appointment for a medical 20 examination. 21 A parent, guardian or custodian of a child in the 22 temporary custody of the Department who would have custody of 23 the child if he were not in the temporary custody of the 24 Department may deliver to the Department a signed request 25 that the Department surrender the temporary custody of the 26 child. The Department may retain temporary custody of the 27 child for 10 days after the receipt of the request, during 28 which period the Department may cause to be filed a petition 29 pursuant to the Juvenile Court Act of 1987. If a petition is 30 so filed, the Department shall retain temporary custody of 31 the child until the court orders otherwise. If a petition is 32 not filed within the 10 day period, the child shall be 33 surrendered to the custody of the requesting parent, guardian 34 or custodian not later than the expiration of the 10 day HB3305 Engrossed -12- LRB9205129TAtm 1 period, at which time the authority and duties of the 2 Department with respect to the temporary custody of the child 3 shall terminate. 4 (m-1) The Department may place children under 18 years 5 of age in a secure child care facility licensed by the 6 Department that cares for children who are in need of secure 7 living arrangements for their health, safety, and well-being 8 after a determination is made by the facility director and 9 the Director or the Director's designate prior to admission 10 to the facility subject to Section 2-27.1 of the Juvenile 11 Court Act of 1987. This subsection (m-1) does not apply to a 12 child who is subject to placement in a correctional facility 13 operated pursuant to Section 3-15-2 of the Unified Code of 14 Corrections, unless the child is a ward who was placed under 15 the care of the Department before being subject to placement 16 in a correctional facility and a court of competent 17 jurisdiction has ordered placement of the child in a secure 18 care facility. 19 (n) The Department may place children under 18 years of 20 age in licensed child care facilities when in the opinion of 21 the Department, appropriate services aimed at family 22 preservation have been unsuccessful and cannot ensure the 23 child's health and safety or are unavailable and such 24 placement would be for their best interest. Payment for 25 board, clothing, care, training and supervision of any child 26 placed in a licensed child care facility may be made by the 27 Department, by the parents or guardians of the estates of 28 those children, or by both the Department and the parents or 29 guardians, except that no payments shall be made by the 30 Department for any child placed in a licensed child care 31 facility for board, clothing, care, training and supervision 32 of such a child that exceed the average per capita cost of 33 maintaining and of caring for a child in institutions for 34 dependent or neglected children operated by the Department. HB3305 Engrossed -13- LRB9205129TAtm 1 However, such restriction on payments does not apply in cases 2 where children require specialized care and treatment for 3 problems of severe emotional disturbance, physical 4 disability, social adjustment, or any combination thereof and 5 suitable facilities for the placement of such children are 6 not available at payment rates within the limitations set 7 forth in this Section. All reimbursements for services 8 delivered shall be absolutely inalienable by assignment, 9 sale, attachment, garnishment or otherwise. 10 (o) The Department shall establish an administrative 11 review and appeal process for children and families who 12 request or receive child welfare services from the 13 Department. Children who are wards of the Department and are 14 placed by private child welfare agencies, and foster families 15 with whom those children are placed, shall be afforded the 16 same procedural and appeal rights as children and families in 17 the case of placement by the Department, including the right 18 to an initial review of a private agency decision by that 19 agency. The Department shall insure that any private child 20 welfare agency, which accepts wards of the Department for 21 placement, affords those rights to children and foster 22 families. The Department shall accept for administrative 23 review and an appeal hearing a complaint made by (i) a child 24 or foster family concerning a decision following an initial 25 review by a private child welfare agency or (ii) a 26 prospective adoptive parent who alleges a violation of 27 subsection (j-5) of this Section. An appeal of a decision 28 concerning a change in the placement of a child shall be 29 conducted in an expedited manner. 30 (p) There is hereby created the Department of Children 31 and Family Services Emergency Assistance Fund from which the 32 Department may provide special financial assistance to 33 families which are in economic crisis when such assistance is 34 not available through other public or private sources and the HB3305 Engrossed -14- LRB9205129TAtm 1 assistance is deemed necessary to prevent dissolution of the 2 family unit or to reunite families which have been separated 3 due to child abuse and neglect. The Department shall 4 establish administrative rules specifying the criteria for 5 determining eligibility for and the amount and nature of 6 assistance to be provided. The Department may also enter 7 into written agreements with private and public social 8 service agencies to provide emergency financial services to 9 families referred by the Department. Special financial 10 assistance payments shall be available to a family no more 11 than once during each fiscal year and the total payments to a 12 family may not exceed $500 during a fiscal year. 13 (q) The Department may receive and use, in their 14 entirety, for the benefit of children any gift, donation or 15 bequest of money or other property which is received on 16 behalf of such children, or any financial benefits to which 17 such children are or may become entitled while under the 18 jurisdiction or care of the Department. 19 The Department shall set up and administer no-cost, 20 interest-bearingsavingsaccounts in appropriate financial 21 institutions("individual accounts")for children for whom 22 the Department is legally responsible and who have been 23 determined eligible for Veterans' Benefits, Social Security 24 benefits, assistance allotments from the armed forces, court 25 ordered payments, parental voluntary payments, Supplemental 26 Security Income, Railroad Retirement payments, Black Lung 27 benefits, or other miscellaneous payments. Interest earned 28 by eachindividualaccount shall be credited to the account, 29 unless disbursed in accordance with this subsection. 30 In disbursing funds from children'sindividualaccounts, 31 the Department shall: 32 (1) Establish standards in accordance with State 33 and federal laws for disbursing money from children's 34individualaccounts. In all circumstances, the HB3305 Engrossed -15- LRB9205129TAtm 1 Department's "Guardianship Administrator" or his or her 2 designee must approve disbursements from children's 3individualaccounts. The Department shall be responsible 4 for keeping complete records of all disbursements for 5 eachindividualaccount for any purpose. 6 (2) Calculate on a monthly basis the amounts paid 7 from State funds for the child's board and care, medical 8 care not covered under Medicaid, and social services; and 9 utilize funds from the child'sindividualaccount, as 10 covered by regulation, to reimburse those costs. 11 Monthly, disbursements from all children'sindividual12 accounts, up to 1/12 of $13,000,000, shall be deposited 13 by the Department into the General Revenue Fund and the 14 balance over 1/12 of $13,000,000 into the DCFS Children's 15 Services Fund. 16 (3) Maintain any balance remaining after 17 reimbursing for the child's costs of care, as specified 18 in item (2). The balance shall accumulate in accordance 19 with relevant State and federal laws and shall be 20 disbursed to the child or his or her guardian, or to the 21 issuing agency. 22 (r) The Department shall promulgate regulations 23 encouraging all adoption agencies to voluntarily forward to 24 the Department or its agent names and addresses of all 25 persons who have applied for and have been approved for 26 adoption of a hard-to-place or handicapped child and the 27 names of such children who have not been placed for adoption. 28 A list of such names and addresses shall be maintained by the 29 Department or its agent, and coded lists which maintain the 30 confidentiality of the person seeking to adopt the child and 31 of the child shall be made available, without charge, to 32 every adoption agency in the State to assist the agencies in 33 placing such children for adoption. The Department may 34 delegate to an agent its duty to maintain and make available HB3305 Engrossed -16- LRB9205129TAtm 1 such lists. The Department shall ensure that such agent 2 maintains the confidentiality of the person seeking to adopt 3 the child and of the child. 4 (s) The Department of Children and Family Services may 5 establish and implement a program to reimburse Department and 6 private child welfare agency foster parents licensed by the 7 Department of Children and Family Services for damages 8 sustained by the foster parents as a result of the malicious 9 or negligent acts of foster children, as well as providing 10 third party coverage for such foster parents with regard to 11 actions of foster children to other individuals. Such 12 coverage will be secondary to the foster parent liability 13 insurance policy, if applicable. The program shall be funded 14 through appropriations from the General Revenue Fund, 15 specifically designated for such purposes. 16 (t) The Department shall perform home studies and 17 investigations and shall exercise supervision over visitation 18 as ordered by a court pursuant to the Illinois Marriage and 19 Dissolution of Marriage Act or the Adoption Act only if: 20 (1) an order entered by an Illinois court 21 specifically directs the Department to perform such 22 services; and 23 (2) the court has ordered one or both of the 24 parties to the proceeding to reimburse the Department for 25 its reasonable costs for providing such services in 26 accordance with Department rules, or has determined that 27 neither party is financially able to pay. 28 The Department shall provide written notification to the 29 court of the specific arrangements for supervised visitation 30 and projected monthly costs within 60 days of the court 31 order. The Department shall send to the court information 32 related to the costs incurred except in cases where the court 33 has determined the parties are financially unable to pay. The 34 court may order additional periodic reports as appropriate. HB3305 Engrossed -17- LRB9205129TAtm 1 (u) Whenever the Department places a child in a licensed 2 foster home, group home, child care institution, or in a 3 relative home, the Department shall provide to the caretaker: 4 (1) available detailed information concerning the 5 child's educational and health history, copies of 6 immunization records (including insurance and medical 7 card information), a history of the child's previous 8 placements, if any, and reasons for placement changes 9 excluding any information that identifies or reveals the 10 location of any previous caretaker; 11 (2) a copy of the child's portion of the client 12 service plan, including any visitation arrangement, and 13 all amendments or revisions to it as related to the 14 child; and 15 (3) information containing details of the child's 16 individualized educational plan when the child is 17 receiving special education services. 18 The caretaker shall be informed of any known social or 19 behavioral information (including, but not limited to, 20 criminal background, fire setting, perpetuation of sexual 21 abuse, destructive behavior, and substance abuse) necessary 22 to care for and safeguard the child. 23 (u-5) Effective July 1, 1995, only foster care 24 placements licensed as foster family homes pursuant to the 25 Child Care Act of 1969 shall be eligible to receive foster 26 care payments from the Department. Relative caregivers who, 27 as of July 1, 1995, were approved pursuant to approved 28 relative placement rules previously promulgated by the 29 Department at 89 Ill. Adm. Code 335 and had submitted an 30 application for licensure as a foster family home may 31 continue to receive foster care payments only until the 32 Department determines that they may be licensed as a foster 33 family home or that their application for licensure is denied 34 or until September 30, 1995, whichever occurs first. HB3305 Engrossed -18- LRB9205129TAtm 1 (v) The Department shall access criminal history record 2 information as defined in the Illinois Uniform Conviction 3 Information Act and information maintained in the 4 adjudicatory and dispositional record system as defined in 5 Section 2605-355 of the Department of State Police Law (20 6 ILCS 2605/2605-355) if the Department determines the 7 information is necessary to perform its duties under the 8 Abused and Neglected Child Reporting Act, the Child Care Act 9 of 1969, and the Children and Family Services Act. The 10 Department shall provide for interactive computerized 11 communication and processing equipment that permits direct 12 on-line communication with the Department of State Police's 13 central criminal history data repository. The Department 14 shall comply with all certification requirements and provide 15 certified operators who have been trained by personnel from 16 the Department of State Police. In addition, one Office of 17 the Inspector General investigator shall have training in the 18 use of the criminal history information access system and 19 have access to the terminal. The Department of Children and 20 Family Services and its employees shall abide by rules and 21 regulations established by the Department of State Police 22 relating to the access and dissemination of this information. 23 (w) Within 120 days of August 20, 1995 (the effective 24 date of Public Act 89-392), the Department shall prepare and 25 submit to the Governor and the General Assembly, a written 26 plan for the development of in-state licensed secure child 27 care facilities that care for children who are in need of 28 secure living arrangements for their health, safety, and 29 well-being. For purposes of this subsection, secure care 30 facility shall mean a facility that is designed and operated 31 to ensure that all entrances and exits from the facility, a 32 building or a distinct part of the building, are under the 33 exclusive control of the staff of the facility, whether or 34 not the child has the freedom of movement within the HB3305 Engrossed -19- LRB9205129TAtm 1 perimeter of the facility, building, or distinct part of the 2 building. The plan shall include descriptions of the types 3 of facilities that are needed in Illinois; the cost of 4 developing these secure care facilities; the estimated number 5 of placements; the potential cost savings resulting from the 6 movement of children currently out-of-state who are projected 7 to be returned to Illinois; the necessary geographic 8 distribution of these facilities in Illinois; and a proposed 9 timetable for development of such facilities. 10 (Source: P.A. 90-11, eff. 1-1-98; 90-27, eff. 1-1-98; 90-28, 11 eff. 1-1-98; 90-362, eff. 1-1-98; 90-590, eff. 1-1-99; 12 90-608, eff. 6-30-98; 90-655, eff. 7-30-98; 91-239, eff. 13 1-1-00; 91-357, eff. 7-29-99; 91-812, eff. 6-13-00.) 14 (20 ILCS 505/21) (from Ch. 23, par. 5021) 15 Sec. 21. Investigative powers; training. 16 (a) To make such investigations as it may deem necessary 17 to the performance of its duties. 18 (b) In the course of any such investigation any 19 qualified person authorized by the Director may administer 20 oaths and secure by its subpoena both the attendance and 21 testimony of witnesses and the production of books and papers 22 relevant to such investigation. Any person who is served with 23 a subpoena by the Department to appear and testify or to 24 produce books and papers, in the course of an investigation 25 authorized by law, and who refuses or neglects to appear, or 26 to testify, or to produce books and papers relevant to such 27 investigation, as commanded in such subpoena, shall be guilty 28 of a Class B misdemeanor. The fees of witnesses for 29 attendance and travel shall be the same as the fees of 30 witnesses before the circuit courts of this State. Any 31 circuit court of this State, upon application of the person 32 requesting the hearing or the Department, may compel the 33 attendance of witnesses, the production of books and papers, HB3305 Engrossed -20- LRB9205129TAtm 1 and giving of testimony before the Department or before any 2 authorized officer or employee thereof, by an attachment for 3 contempt or otherwise, in the same manner as production of 4 evidence may be compelled before such court. Every person 5 who, having taken an oath or made affirmation before the 6 Department or any authorized officer or employee thereof, 7 shall willfully swear or affirm falsely, shall be guilty of 8 perjury and upon conviction shall be punished accordingly. 9 (c) Investigations initiated under this Section shall 10 provide individuals due process of law, including the right 11 to a hearing, to cross-examine witnesses, to obtain relevant 12 documents, and to present evidence. Administrative findings 13 shall be subject to the provisions of the Administrative 14 Review Law. 15 (d) Beginning July 1, 1988, any child protective 16 investigator or supervisor or child welfare specialist or 17 supervisor employed by the Department on the effective date 18 of this amendatory Act of 1987 shall have completed a 19 training program which shall be instituted by the Department. 20 The training program shall include, but not be limited to, 21 the following: (1) training in the detection of symptoms of 22 child neglect and drug abuse; (2) specialized training for 23 dealing with families and children of drug abusers; and (3) 24 specific training in child development, family dynamics and 25 interview techniques. Such program shall conform to the 26 criteria and curriculum developed under Section 4 of the 27 Child Protective Investigator and Child Welfare Specialist 28 Certification Act of 1987. Failure to complete such training 29 due to lack of opportunity provided by the Department shall 30 in no way be grounds for any disciplinary or other action 31 against an investigator or a specialist. 32 The Department shall develop a continuous inservice staff 33 development program and evaluation system. Each child 34 protective investigator and supervisor and child welfare HB3305 Engrossed -21- LRB9205129TAtm 1 specialist and supervisor shall participate in such program 2 and evaluation and shall complete a minimum of 20 hours of 3 inservice education and training every 2 years in order to 4 maintain certification. 5 Any child protective investigator or child protective 6 supervisor, or child welfare specialist or child welfare 7 specialist supervisor hired by the Department who begins his 8 actual employment after the effective date of this amendatory 9 Act of 1987, shall be certified pursuant to the Child 10 Protective Investigator and Child Welfare Specialist 11 Certification Act of 1987 before he begins such employment. 12 Nothing in this Act shall replace or diminish the rights of 13 employees under the Illinois Public Labor Relations Act, as 14 amended, or the National Labor Relations Act. In the event of 15 any conflict between either of those Acts, or any collective 16 bargaining agreement negotiated thereunder, and the 17 provisions of subsections (d) and (e), the former shall 18 prevail and control. 19 (e) The Department shall develop and implement the 20 following: 21 (1) A standardized child endangerment risk 22 assessment protocol. 23 (2) Related training procedures. 24 (3) A standardized method for demonstration of 25 proficiency in application of the protocol. 26 (4) An evaluation of the reliability and validity 27 of the protocol. 28 All child protective investigators and supervisors and child 29 welfare specialists and supervisors employed by the 30 Department or its contractors shall be required, subsequent 31 to the availability of training under this Act, to 32 demonstrate proficiency in application of the protocol 33 previous to being permitted to make decisions about the 34 degree of risk posed to children for whom they are HB3305 Engrossed -22- LRB9205129TAtm 1 responsible. The Department shall establish a 2 multi-disciplinary advisory committee appointed by the 3 Director, including but not limited to representatives from 4 the fields of child development, domestic violence, family 5 systems, juvenile justice, law enforcement, health care, 6 mental health, substance abuse, and social service to advise 7 the Department and its related contractors in the development 8 and implementation of the child endangerment risk assessment 9 protocol, related training, method for demonstration of 10 proficiency in application of the protocol, and evaluation of 11 the reliability and validity of the protocol. The Department 12 shall develop the protocol, training curriculum, method for 13 demonstration of proficiency in application of the protocol 14 and method for evaluation of the reliability and validity of 15 the protocol by July 1, 1995. Training and demonstration of 16 proficiency in application of the child endangerment risk 17 assessment protocol for all child protective investigators 18 and supervisors and child welfare specialists and supervisors 19 shall be completed as soon as practicable, but no later than 20 January 1, 1996. The Department shall submit to the General 21 Assembly on or before May 1, 1996, and every year thereafter, 22 an annual report on the evaluation of the reliability and 23 validity of the child endangerment risk assessment protocol. 24 The Department shall contract with a not for profit 25 organization with demonstrated expertise in the field of 26 child endangerment risk assessment to assist in the 27 development and implementation of the child endangerment risk 28 assessment protocol, related training, method for 29 demonstration of proficiency in application of the protocol, 30 and evaluation of the reliability and validity of the 31 protocol. 32 (Source: P.A. 90-655, eff. 7-30-98; 91-61, eff. 6-30-99.)