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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
92_SB1303ham001
LRB9208208EGfgam01
1 AMENDMENT TO SENATE BILL 1303
2 AMENDMENT NO. . Amend Senate Bill 1303 on page 1, in
3 line 5, after "by", by inserting "changing Section 7 and";
4 and
5 on page 1, below line 5, by inserting the following:
6 "(20 ILCS 505/7) (from Ch. 23, par. 5007)
7 Sec. 7. Placement of children; considerations.
8 (a) In placing any child under this Act, the Department
9 shall place such child, as far as possible, in the care and
10 custody of some individual holding the same religious belief
11 as the parents of the child, or with some child care facility
12 which is operated by persons of like religious faith as the
13 parents of such child.
14 (b) In placing a child under this Act, the Department
15 may place a child with a relative if the Department has
16 reason to believe that the relative will be able to
17 adequately provide for the child's safety and welfare. The
18 Department may not place a child with a relative, with the
19 exception of certain circumstances which may be waived as
20 defined by the Department in rules, if the results of a check
21 of the Law Enforcement Agency Data System (LEADS) identifies
22 a prior criminal conviction of the relative or any adult
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1 member of the relative's household for any of the following
2 offenses under the Criminal Code of 1961:
3 (1) murder;
4 (1.1) solicitation of murder;
5 (1.2) solicitation of murder for hire;
6 (1.3) intentional homicide of an unborn child;
7 (1.4) voluntary manslaughter of an unborn child;
8 (1.5) involuntary manslaughter;
9 (1.6) reckless homicide;
10 (1.7) concealment of a homicidal death;
11 (1.8) involuntary manslaughter of an unborn child;
12 (1.9) reckless homicide of an unborn child;
13 (1.10) drug-induced homicide;
14 (2) a sex offense under Article 11, except offenses
15 described in Sections 11-7, 11-8, 11-12, and 11-13;
16 (3) kidnapping;
17 (3.1) aggravated unlawful restraint;
18 (3.2) forcible detention;
19 (3.3) aiding and abetting child abduction;
20 (4) aggravated kidnapping;
21 (5) child abduction;
22 (6) aggravated battery of a child;
23 (7) criminal sexual assault;
24 (8) aggravated criminal sexual assault;
25 (8.1) predatory criminal sexual assault of a child;
26 (9) criminal sexual abuse;
27 (10) aggravated sexual abuse;
28 (11) heinous battery;
29 (12) aggravated battery with a firearm;
30 (13) tampering with food, drugs, or cosmetics;
31 (14) drug-induced infliction of great bodily harm;
32 (15) aggravated stalking;
33 (16) home invasion;
34 (17) vehicular invasion;
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1 (18) criminal transmission of HIV;
2 (19) criminal neglect of an elderly or disabled
3 person;
4 (20) child abandonment;
5 (21) endangering the life or health of a child;
6 (22) ritual mutilation;
7 (23) ritualized abuse of a child;
8 (24) an offense in any other state the elements of
9 which are similar and bear a substantial relationship to
10 any of the foregoing offenses.
11 For the purpose of this subsection, "relative" shall include
12 any person, 21 years of age or over, other than the parent,
13 who (i) is currently related to the child in any of the
14 following ways by blood or adoption: grandparent, sibling,
15 great-grandparent, uncle, aunt, nephew, niece, first cousin,
16 second cousin, godparent, great-uncle, or great-aunt; or (ii)
17 is the spouse of such a relative; or (iii) is the child's
18 step-father, step-mother, or adult step-brother or
19 step-sister; "relative" also includes a person related in any
20 of the foregoing ways to a sibling of a child, even though
21 the person is not related to the child, when the child and
22 its sibling are placed together with that person. A relative
23 with whom a child is placed pursuant to this subsection may,
24 but is not required to, apply for licensure as a foster
25 family home pursuant to the Child Care Act of 1969; provided,
26 however, that as of July 1, 1995, foster care payments shall
27 be made only to licensed foster family homes pursuant to the
28 terms of Section 5 of this Act.
29 (c) In placing a child under this Act, the Department
30 shall ensure that the child's health, safety, and best
31 interests are met in making a family foster care placement.
32 The Department shall consider the individual needs of the
33 child and the capacity of the prospective foster or adoptive
34 parents to meet the needs of the child. The Department shall
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1 make special efforts for the diligent recruitment of
2 potential foster and adoptive families that reflect the
3 ethnic and racial diversity of the children for whom foster
4 and adoptive homes are needed. "Special efforts" shall
5 include contacting and working with community organizations
6 and religious organizations and may include contracting with
7 those organizations, utilizing local media and other local
8 resources, and conducting outreach activities.
9 (c-1) At the time of placement, the Department shall
10 consider concurrent planning, as described in subsection
11 (l-1) of Section 5, so that permanency may occur at the
12 earliest opportunity. Consideration should be given so that
13 if reunification fails or is delayed, the placement made is
14 the best available placement to provide permanency for the
15 child.
16 (d) The Department may accept gifts, grants, offers of
17 services, and other contributions to use in making special
18 recruitment efforts.
19 (e) The Department in placing children in adoptive or
20 foster care homes may not, in any policy or practice relating
21 to the placement of children for adoption or foster care,
22 discriminate against any child or prospective adoptive or
23 foster parent on the basis of race.
24 (Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-428, eff.
25 12-13-95; 89-462, eff. 5-29-96; 89-626, eff. 8-9-96; 90-27,
26 eff. 1-1-98; 90-28, eff. 1-1-98; 90-608, eff. 6-30-98.)".