Public Act 100-0522
 
HB2589 EnrolledLRB100 09280 RLC 19438 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Children and Family Services Act is amended  
by changing Section 5 as follows:
 

    (20 ILCS 505/5)  (from Ch. 23, par. 5005)

 
  
    Sec. 5. Direct child welfare services; Department of 
Children and Family
Services.   To provide direct child welfare 
services when not available
through other public or private 
child care or program facilities.

    (a) For purposes of this Section:

        (1) "Children" means persons found within the State who 
    are under the
age of 18 years.  The term also includes 
    persons under age 21 who:

            (A) were committed to the Department pursuant to 
        the
Juvenile Court Act or the Juvenile Court Act of 
        1987, as amended, prior to
the age of 18 and who 
        continue under the jurisdiction of the court; or

            (B) were accepted  for care, service and training by

        the Department prior to the age of 18 and whose best 
        interest in the
discretion of the Department would be 
        served by continuing that care,
service and training 
        because of severe emotional disturbances, physical

        disability, social adjustment or any combination 
        thereof, or because of the
need to complete an 
        educational or vocational training program.

        (2) "Homeless youth" means persons found within the

    State who are under the age of 19, are not in a safe and 
    stable living
situation and cannot be reunited with their 
    families.

        (3) "Child welfare services" means public social 
    services which are
directed toward the accomplishment of 
    the following purposes:

            (A) protecting and promoting the health, safety 
        and welfare of
children,
including homeless, dependent 
        or neglected children;

            (B) remedying, or assisting in the solution
of 
        problems which may result in, the neglect, abuse, 
        exploitation or
delinquency of children;

            (C) preventing the unnecessary separation of 
        children
from their families by identifying family 
        problems, assisting families in
resolving their 
        problems, and preventing the breakup of the family

        where the prevention of child removal is desirable and 
        possible when the
child can be cared for at home 
        without endangering the child's health and
safety;

            (D) restoring to their families children who have 
        been
removed, by the provision of services to the child 
        and the families when the
child can be cared for at 
        home without endangering the child's health and

        safety;

            (E) placing children in suitable adoptive homes, 
        in
cases where restoration to the biological family is 
        not safe, possible or
appropriate;

            (F) assuring safe and adequate care of children 
        away from their
homes, in cases where the child cannot 
        be returned home or cannot be placed
for adoption.  At 
        the time of placement, the Department shall consider

        concurrent planning,
as described in subsection (l-1) 
        of this Section so that permanency may
occur at the 
        earliest opportunity.  Consideration should be given so 
        that if
reunification fails or is delayed, the 
        placement made is the best available
placement to 
        provide permanency for the child;

            (G) (blank);

            (H) (blank); and

            (I) placing and maintaining children in facilities 
        that provide
separate living quarters for children 
        under the age of 18 and for children
18 years of age 
        and older, unless a child 18 years of age is in the 
        last
year of high school education or vocational 
        training, in an approved
individual or group treatment 
        program, in a licensed shelter facility,
or secure 
        child care facility.
The Department is not required to 
        place or maintain children:

                (i) who are in a foster home, or

                (ii) who are persons with a developmental 
            disability, as defined in
the Mental
Health and 
            Developmental Disabilities Code, or

                (iii) who are female children who are 
            pregnant, pregnant and
parenting or parenting, or

                (iv) who are siblings, in facilities that 
            provide separate living quarters for children 18

            years of age and older and for children under 18 
            years of age.

    (b) Nothing in this Section shall be construed to authorize 
the
expenditure of public funds for the purpose of performing 
abortions.

    (c) The Department shall establish and maintain 
tax-supported child
welfare services and extend and seek to 
improve voluntary services
throughout the State, to the end 
that services and care shall be available
on an equal basis 
throughout the State to children requiring such services.

    (d) The Director may authorize advance disbursements for 
any new program
initiative to any agency contracting with the 
Department.   As a
prerequisite for an advance  disbursement, the 
contractor must post a
surety bond in the amount of the advance 
disbursement and have a
purchase of service contract approved 
by the Department.  The Department
may pay up to 2 months 
operational expenses in advance.  The amount of the
advance 
disbursement shall be prorated over the life of the contract
or 
the remaining months of the fiscal year, whichever is less, and 
the
installment amount shall then be deducted from future 
bills.  Advance
disbursement authorizations for new initiatives 
shall not be made to any
agency after that agency has operated 
during 2 consecutive fiscal years.
The requirements of this 
Section concerning advance disbursements shall
not apply with 
respect to the following:  payments to local public agencies
for 
child day care services as authorized by Section 5a of this 
Act; and
youth service programs receiving grant funds under 
Section 17a-4.

    (e) (Blank).

    (f) (Blank).

    (g) The Department shall establish rules and regulations 
concerning
its operation of programs designed to meet the goals 
of child safety and
protection,
family preservation, family 
reunification, and adoption, including but not
limited to:

        (1) adoption;

        (2) foster care;

        (3) family counseling;

        (4) protective services;

        (5) (blank);

        (6) homemaker service;

        (7) return of runaway children;

        (8) (blank);

        (9) placement under Section 5-7 of the Juvenile Court 
    Act or
Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile 
    Court Act of 1987 in
accordance with the federal Adoption 
    Assistance and Child Welfare Act of
1980; and


        (10) interstate services.

    Rules and regulations established by the Department shall 
include
provisions for training Department staff and the staff 
of Department
grantees, through contracts with other agencies 
or resources, in alcohol
and drug abuse screening techniques 
approved by the Department of Human
Services, as a successor to 
the Department of Alcoholism and Substance Abuse,
for the 
purpose of identifying children and adults who
should be 
referred to an alcohol and drug abuse treatment program for

professional evaluation.

    (h) If the Department finds that there is no appropriate 
program or
facility within or available to the Department for a 
ward and that no
licensed private facility has an adequate and 
appropriate program or none
agrees to accept the ward, the 
Department shall create an appropriate
individualized, 
program-oriented plan for such ward.  The
plan may be developed 
within the Department or through purchase of services
by the 
Department to the extent that it is within its statutory 
authority
to do.

    (i) Service programs shall be available throughout the 
State and shall
include but not be limited to the following 
services:

        (1) case management;

        (2) homemakers;

        (3) counseling;

        (4) parent education;

        (5) day care; and

        (6) emergency assistance and advocacy.

    In addition, the following services may be made available 
to assess and
meet the needs of children and families:

        (1) comprehensive family-based services;

        (2) assessments;

        (3) respite care; and

        (4) in-home health services.

    The Department shall provide transportation for any of the 
services it
makes available to children or families or for 
which it refers children
or families.

    (j) The Department may provide categories of financial 
assistance and
education assistance grants, and shall

establish rules and regulations concerning the assistance and 
grants, to
persons who
adopt children with physical or mental 
disabilities, children who are older, or other hard-to-place

children who (i) immediately prior to their adoption were legal 
wards of
the Department
or (ii) were determined eligible for 
financial assistance with respect to a
prior adoption and who 
become available for adoption because the
prior adoption has 
been dissolved and the parental rights of the adoptive
parents 
have been
terminated or because the child's adoptive parents 
have died.
The Department may continue to provide financial 
assistance and education assistance grants for a child who was 
determined eligible for financial assistance under this 
subsection (j) in the interim period beginning when the child's 
adoptive parents died and ending with the finalization of the 
new adoption of the child by another adoptive parent or 
parents. The Department may also provide categories of 
financial
assistance and education assistance grants, and

shall establish rules and regulations for the assistance and 
grants, to persons
appointed guardian of the person under 
Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, 
4-25 or 5-740 of the Juvenile Court Act of 1987
for children 
who were wards of the Department for 12 months immediately

prior to the appointment of the guardian.

    The amount of assistance may vary, depending upon the needs 
of the child
and the adoptive parents,
as set forth in the 
annual
assistance agreement.  Special purpose grants are 
allowed where the child
requires special service but such costs 
may not exceed the amounts
which similar services would cost 
the Department if it were to provide or
secure them as guardian 
of the child.

    Any financial assistance provided under this subsection is

inalienable by assignment, sale, execution, attachment, 
garnishment, or any
other remedy for recovery or collection of 
a judgment or debt.

    (j-5) The Department shall not deny or delay the placement 
of a child for
adoption
if an approved family is available 
either outside of the Department region
handling the case,
or 
outside of the State of Illinois.

    (k) The Department shall accept for care and training any 
child who has
been adjudicated neglected or abused, or 
dependent committed to it pursuant
to the Juvenile Court Act or 
the Juvenile Court Act of 1987.

    (l) The Department shall
offer family preservation 
services, as defined in Section 8.2 of the Abused
and
Neglected 
Child
Reporting Act, to help families, including adoptive and 
extended families.
Family preservation
services shall be 
offered (i) to prevent the
placement
of children in
substitute 
care when the children can be cared for at home or in the 
custody of
the person
responsible for the children's welfare,

(ii) to
reunite children with their families, or (iii) to

maintain an adoptive placement.  Family preservation services 
shall only be
offered when doing so will not endanger the 
children's health or safety.  With
respect to children who are 
in substitute care pursuant to the Juvenile Court
Act of 1987, 
family preservation services shall not be offered if a goal 
other
than those of subdivisions (A), (B), or (B-1) of 
subsection (2) of Section 2-28
of
that Act has been set.

Nothing in this paragraph shall be construed to create a 
private right of
action or claim on the part of any individual 
or child welfare agency, except that when a child is  the 
subject of an action under Article II of the Juvenile Court Act 
of 1987 and the child's service plan calls for services to 
facilitate achievement of the permanency goal, the court 
hearing the action under Article II of the Juvenile Court Act 
of 1987 may order the Department to provide the services set 
out in the plan, if those services are not provided with 
reasonable promptness and if those services are available.

    The Department shall notify the child and his family of the

Department's
responsibility to offer and provide family 
preservation services as
identified in the service plan.  The 
child and his family shall be eligible
for services as soon as 
the report is determined to be "indicated".  The
Department may 
offer services to any child or family with respect to whom a

report of suspected child abuse or neglect has been filed, 
prior to
concluding its investigation under Section 7.12 of the 
Abused and Neglected
Child Reporting Act.  However, the child's 
or family's willingness to
accept services shall not be 
considered in the investigation.  The
Department may also 
provide services to any child or family who is the
subject of 
any report of suspected child abuse or neglect or may refer 
such
child or family to services available from other agencies 
in the community,
even if the report is determined to be 
unfounded, if the conditions in the
child's or family's home 
are reasonably likely to subject the child or
family to future 
reports of suspected child abuse or neglect.  Acceptance
of such 
services shall be voluntary. The Department may also provide 
services to any child or family after completion of a family 
assessment, as an alternative to an investigation, as provided 
under the "differential response program" provided for in 
subsection (a-5) of Section 7.4 of the Abused and Neglected 
Child Reporting Act.

    The Department may, at its discretion except for those 
children also
adjudicated neglected or dependent, accept for 
care and training any child
who has been adjudicated addicted, 
as a truant minor in need of
supervision or as a minor 
requiring authoritative intervention, under the
Juvenile Court 
Act or the Juvenile Court Act of 1987, but no such child
shall 
be committed to the Department by any court without the 
approval of
the Department.  On and after the effective date of 
this amendatory Act of the 98th General Assembly and before 
January 1, 2017, a minor charged with a criminal offense under 
the Criminal
Code of 1961 or the Criminal Code of 2012 or 
adjudicated delinquent shall not be placed in the custody of or

committed to the Department by any court, except (i) a minor 
less than 16 years
of age committed to the Department under 
Section 5-710 of the Juvenile Court
Act
of 1987, (ii) a minor 
for whom an independent basis of abuse, neglect, or dependency 
exists, which must be defined by departmental rule, or (iii) a 
minor for whom the court has granted a supplemental petition to 
reinstate wardship pursuant to subsection (2) of Section 2-33 
of the Juvenile Court Act of 1987.  On and after January 1, 
2017, a minor charged with a criminal offense under the 
Criminal
Code of 1961 or the Criminal Code of 2012 or 
adjudicated delinquent shall not be placed in the custody of or

committed to the Department by any court, except (i) a minor 
less than 15 years
of age committed to the Department under 
Section 5-710 of the Juvenile Court
Act
of 1987, ii) a minor 
for whom an independent basis of abuse, neglect, or dependency 
exists, which must be defined by departmental rule, or (iii) a 
minor for whom the court has granted a supplemental petition to 
reinstate wardship pursuant to subsection (2) of Section 2-33 
of the Juvenile Court Act of 1987. An independent basis exists 
when the allegations or adjudication of abuse, neglect, or 
dependency do not arise from the same facts, incident, or 
circumstances which  give rise to a charge or adjudication of 
delinquency. The Department shall
assign a caseworker to attend 
any hearing involving a youth in
the care and custody of the 
Department who is placed on aftercare release, including 
hearings
involving sanctions for violation of aftercare 
release
conditions and aftercare release revocation hearings. 

    As soon as is possible after August 7, 2009 (the effective 
date of Public Act 96-134), the Department shall develop and 
implement a special program of family preservation services to 
support intact, foster, and adoptive families who are 
experiencing extreme hardships due to the difficulty and stress 
of caring for a child who has been diagnosed with a pervasive 
developmental disorder if the Department determines that those 
services are necessary to ensure the health and safety of the 
child. The Department may offer services to any family whether 
or not a report has been filed under the Abused and Neglected 
Child Reporting Act. The Department may refer the child or 
family to services available from other agencies in the 
community if the conditions in the child's or family's home are 
reasonably likely to subject the child or family to future 
reports of suspected child abuse or neglect. Acceptance of 
these services shall be voluntary. The Department shall develop 
and implement a public information campaign to alert health and 
social service providers and the general public about these 
special family preservation services. The nature and scope of 
the services offered and the number of families served under 
the special program implemented under this paragraph shall be 
determined by the level of funding that the Department annually 
allocates for this purpose. The term "pervasive developmental 
disorder" under this paragraph means a neurological condition, 
including but not limited to, Asperger's Syndrome and autism, 
as defined in the most recent edition of the Diagnostic and 
Statistical Manual of Mental Disorders of the American 
Psychiatric Association.
    (l-1) The legislature recognizes that the best interests of 
the child
require that
the child be placed in the most 
permanent living arrangement as soon as is
practically

possible.  To achieve this goal, the legislature directs the 
Department of
Children and
Family Services to conduct 
concurrent planning so that permanency may occur at
the

earliest opportunity.  Permanent living arrangements may 
include prevention of
placement of a child outside the home of 
the family when the child can be cared
for at
home without 
endangering the child's health or safety; reunification with 
the
family,
when safe and appropriate, if temporary placement 
is necessary; or movement of
the child
toward the most 
permanent living arrangement and permanent legal status.

    When determining reasonable efforts to be made with respect 
to a child, as
described in this
subsection, and in making such 
reasonable efforts, the child's health and
safety shall be the

paramount concern.

    When a child is placed in foster care, the Department shall 
ensure and
document that reasonable efforts were made to 
prevent or eliminate the need to
remove the child from the 
child's home.  The Department must make
reasonable efforts to 
reunify the family when temporary placement of the child
occurs

unless otherwise required, pursuant to the Juvenile Court Act 
of 1987.
At any time after the dispositional hearing where the 
Department believes
that further reunification services would 
be ineffective, it may request a
finding from the court that 
reasonable efforts are no longer appropriate.  The
Department is 
not required to provide further reunification services after 
such
a
finding.

    A decision to place a child in substitute care shall be 
made with
considerations of the child's health, safety, and 
best interests.  At the
time of placement, consideration should 
also be given so that if reunification
fails or is delayed, the 
placement made is the best available placement to
provide 
permanency for the child.

    The Department shall adopt rules addressing concurrent 
planning for
reunification and permanency.  The Department 
shall consider the following
factors when determining 
appropriateness of concurrent planning:

        (1) the likelihood of prompt reunification;

        (2) the past history of the family;

        (3) the barriers to reunification being addressed by 
    the family;

        (4) the level of cooperation of the family;

        (5) the foster parents' willingness to work with the 
    family to reunite;

        (6) the willingness and ability of the foster family to 
    provide an
adoptive
home or long-term placement;

        (7) the age of the child;

        (8) placement of siblings.

    (m) The Department may assume temporary custody of any 
child if:

        (1) it has received a written consent to such temporary 
    custody
signed by the parents of the child or by the parent 
    having custody of the
child if the parents are not living 
    together or by the guardian or
custodian of the child if 
    the child is not in the custody of either
parent, or

        (2) the child is found in the State and neither a 
    parent,
guardian nor custodian of the child can be located.

If the child is found in his or her residence without a parent, 
guardian,
custodian or responsible caretaker, the Department 
may, instead of removing
the child and assuming temporary 
custody, place an authorized
representative of the Department 
in that residence until such time as a
parent, guardian or 
custodian enters the home and expresses a willingness
and 
apparent ability to ensure the child's health and safety and 
resume
permanent
charge of the child, or until a
relative 
enters the home and is willing and able to ensure the child's 
health
and
safety and assume charge of the
child until a 
parent, guardian or custodian enters the home and expresses

such willingness and ability to ensure the child's safety and 
resume
permanent charge.  After a caretaker has remained in the 
home for a period not
to exceed 12 hours, the Department must 
follow those procedures outlined in
Section 2-9, 3-11, 4-8, or 
5-415 of the Juvenile Court Act
of 1987.

    The Department shall have the authority, responsibilities 
and duties that
a legal custodian of the child would have 
pursuant to subsection (9) of
Section 1-3 of the Juvenile Court 
Act of 1987.  Whenever a child is taken
into temporary custody 
pursuant to an investigation under the Abused and
Neglected 
Child Reporting Act, or pursuant to a referral and acceptance

under the Juvenile Court Act of 1987 of a minor in limited 
custody, the
Department, during the period of temporary custody 
and before the child
is brought before a judicial officer as 
required by Section 2-9, 3-11,
4-8, or 5-415 of the Juvenile 
Court Act of 1987, shall have
the authority, responsibilities 
and duties that a legal custodian of the child
would have under 
subsection (9) of Section 1-3 of the Juvenile Court Act of

1987.

    The Department shall ensure that any child taken into 
custody
is scheduled for an appointment for a medical 
examination.

    A parent, guardian or custodian of a child in the temporary 
custody of the
Department who would have custody of the child 
if he were not in the
temporary custody of the Department may 
deliver to the Department a signed
request that the Department 
surrender the temporary custody of the child.
The Department 
may retain temporary custody of the child for 10 days after
the 
receipt of the request, during which period the Department may 
cause to
be filed a petition pursuant to the Juvenile Court Act 
of 1987.  If a
petition is so filed, the Department shall retain 
temporary custody of the
child until the court orders 
otherwise.  If a petition is not filed within
the 10 day period, 
the child shall be surrendered to the custody of the
requesting 
parent, guardian or custodian not later than the expiration of

the 10 day period, at which time the authority and duties of 
the Department
with respect to the temporary custody of the 
child shall terminate.

    (m-1) The Department may place children under 18 years of 
age in a secure
child care facility licensed by the Department 
that cares for children who are
in need of secure living 
arrangements for their health, safety, and well-being
after a 
determination is made by the facility director and the Director 
or the
Director's designate prior to admission to the facility 
subject to Section
2-27.1 of the Juvenile Court Act of 1987.  
This subsection (m-1) does not apply
to a child who is subject 
to placement in a correctional facility operated
pursuant to 
Section 3-15-2 of the Unified Code of Corrections, unless the

child is a ward who was placed under the care of the Department 
before being
subject to placement in a correctional facility 
and a court of competent
jurisdiction has ordered placement of 
the child in a secure care facility.

    (n) The Department may place children under 18 years of age 
in
licensed child care facilities when in the opinion of the 
Department,
appropriate services aimed at family preservation 
have been unsuccessful and
cannot ensure the child's health and 
safety or are unavailable and such
placement would be for their 
best interest.  Payment
for board, clothing, care, training and 
supervision of any child placed in
a licensed child care 
facility may be made by the Department, by the
parents or 
guardians of the estates of those children, or by both the

Department and the parents or guardians, except that no 
payments shall be
made by the Department for any child placed 
in a licensed child care
facility for board, clothing, care, 
training and supervision of such a
child that exceed the 
average per capita cost of maintaining and of caring
for a 
child in institutions for dependent or neglected children 
operated by
the Department.  However, such restriction on 
payments does not apply in
cases where children require 
specialized care and treatment for problems of
severe emotional 
disturbance, physical disability, social adjustment, or
any 
combination thereof and suitable facilities for the placement 
of such
children are not available at payment rates within the 
limitations set
forth in this Section. All reimbursements for 
services delivered shall be
absolutely inalienable by 
assignment, sale, attachment, garnishment or
otherwise.

    (n-1) The Department shall provide or authorize child 
welfare services, aimed at assisting minors to achieve 
sustainable self-sufficiency as independent adults, for any 
minor eligible for the reinstatement of wardship pursuant to 
subsection (2) of Section 2-33 of the Juvenile Court Act of 
1987, whether or not such reinstatement is sought or allowed, 
provided that the minor consents to such services and has not 
yet attained the age of 21. The Department shall have 
responsibility for the development and delivery of services 
under this Section.  An eligible youth may access services under 
this Section through the Department of Children and Family 
Services or by referral from the Department of Human Services. 
Youth participating in services under this Section shall 
cooperate with the assigned case manager in developing an 
agreement identifying the services to be provided and how the 
youth will increase skills to achieve self-sufficiency.  A 
homeless shelter is not considered appropriate housing for any 
youth receiving child welfare services under this Section.  The 
Department shall continue child welfare services under this 
Section to any eligible minor until the minor becomes 21 years 
of age, no longer consents to participate, or achieves 
self-sufficiency as identified in the minor's service plan.  The 
Department of Children and Family Services shall create clear, 
readable notice of the rights of former foster youth to child 
welfare services under this Section and how such services may 
be obtained.  The Department of Children and Family Services and 
the Department of Human Services shall disseminate this 
information statewide.  The Department shall adopt regulations 
describing services intended to assist minors in achieving 
sustainable self-sufficiency as independent adults. 
    (o) The Department shall establish an administrative 
review and appeal
process for children and families who request 
or receive child welfare
services from the Department.  Children 
who are wards of the Department and
are placed by private child 
welfare agencies, and foster families with whom
those children 
are placed, shall be afforded the same procedural and appeal

rights as children and families in the case of placement by the 
Department,
including the right to an  initial review of a 
private agency decision by
that agency.  The Department shall 
insure that any private child welfare
agency, which accepts 
wards of the Department for placement, affords those
rights to 
children and foster families.  The Department shall accept for

administrative review and an appeal hearing a complaint made by 
(i) a child
or foster family concerning a decision following an 
initial review by a
private child welfare agency or (ii) a 
prospective adoptive parent who alleges
a violation of 
subsection (j-5) of this Section.  An appeal of a decision

concerning a change in the placement of a child shall be 
conducted in an
expedited manner. A court determination that a 
current foster home placement is necessary and appropriate 
under Section 2-28 of the Juvenile Court Act of 1987 does not 
constitute a judicial determination on the merits of an 
administrative appeal, filed by a former foster parent, 
involving a change of placement decision.

    (p) (Blank).

    (q) The Department may receive and use, in their entirety, 
for the
benefit of children any gift, donation or bequest of 
money or other
property which is received on behalf of such 
children, or any financial
benefits to which such children are 
or may become entitled while under
the jurisdiction or care of 
the Department.

    The Department shall set up and administer no-cost, 
interest-bearing accounts in appropriate financial 
institutions
for children for whom the Department is legally 
responsible and who have been
determined eligible for Veterans' 
Benefits, Social Security benefits,
assistance allotments from 
the armed forces, court ordered payments, parental
voluntary 
payments, Supplemental Security Income, Railroad Retirement

payments, Black Lung benefits, or other miscellaneous 
payments.  Interest
earned by each account shall be credited to 
the account, unless
disbursed in accordance with this 
subsection.

    In disbursing funds from children's accounts, the 
Department
shall:

        (1) Establish standards in accordance with State and 
    federal laws for
disbursing money from children's 
    accounts.  In all
circumstances,
the Department's 
    "Guardianship Administrator" or his or her designee must

    approve disbursements from children's accounts.  The 
    Department
shall be responsible for keeping complete 
    records of all disbursements for each account for any 
    purpose.

        (2) Calculate on a monthly basis the amounts paid from 
    State funds for the
child's board and care, medical care 
    not covered under Medicaid, and social
services; and 
    utilize funds from the child's account, as
covered by 
    regulation, to reimburse those costs.  Monthly, 
    disbursements from
all children's accounts, up to 1/12 of 
    $13,000,000, shall be
deposited by the Department into the 
    General Revenue Fund and the balance over
1/12 of 
    $13,000,000 into the DCFS Children's Services Fund.

        (3) Maintain any balance remaining after reimbursing 
    for the child's costs
of care, as specified in item (2). 
    The balance shall accumulate in accordance
with relevant 
    State and federal laws and shall be disbursed to the child 
    or his
or her guardian, or to the issuing agency.

    (r) The Department shall promulgate regulations 
encouraging all adoption
agencies to voluntarily forward to the 
Department or its agent names and
addresses of all persons who 
have applied for and have been approved for
adoption of a 
hard-to-place child or child with a disability and the names of 
such
children who have not been placed for adoption. A list of 
such names and
addresses shall be maintained by the Department 
or its agent, and coded
lists which maintain the 
confidentiality of the person seeking to adopt the
child and of 
the child shall be made available, without charge, to every

adoption agency in the State to assist the agencies in placing 
such
children for adoption. The Department may delegate to an 
agent its duty to
maintain and make available such lists.  The 
Department shall ensure that
such agent maintains the 
confidentiality of the person seeking to adopt the
child and of 
the child.

    (s) The Department of Children and Family Services may 
establish and
implement a program to reimburse Department and 
private child welfare
agency foster parents licensed by the 
Department of Children and Family
Services for damages 
sustained by the foster parents as a result of the
malicious or 
negligent acts of foster children, as well as providing third

party coverage for such foster parents with regard to actions 
of foster
children to other individuals.  Such coverage will be 
secondary to the
foster parent liability insurance policy, if 
applicable.  The program shall
be funded through appropriations 
from the General Revenue Fund,
specifically designated for such 
purposes.

    (t) The Department shall perform home studies and 
investigations and
shall exercise supervision over visitation 
as ordered by a court pursuant
to the Illinois Marriage and 
Dissolution of Marriage Act or the Adoption
Act only if:

        (1) an order entered by an Illinois court specifically

    directs the Department to perform such services; and

        (2) the court has ordered one or both of the parties to

    the proceeding to reimburse the Department for its 
    reasonable costs for
providing such services in accordance 
    with Department rules, or has
determined that neither party 
    is financially able to pay.

    The Department shall provide written notification to the 
court of the
specific arrangements for supervised visitation 
and projected monthly costs
within 60 days of the court order. 
The Department shall send to the court
information related to 
the costs incurred except in cases where the court
has 
determined the parties are financially unable to pay. The court 
may
order additional periodic reports as appropriate.

    (u) In addition to other information that must be provided, 
whenever the Department places a child with a prospective 
adoptive parent or parents or in a licensed foster home,
group 
home, child care institution, or in a relative home, the 
Department
shall provide to the prospective adoptive parent or 
parents or other caretaker:

        (1) available detailed information concerning the 
    child's educational
and health history, copies of 
    immunization records (including insurance
and medical card 
    information), a history of the child's previous 
    placements,
if any, and reasons for placement changes 
    excluding any information that
identifies or reveals the 
    location of any previous caretaker;

        (2) a copy of the child's portion of the client service 
    plan, including
any visitation arrangement, and all 
    amendments or revisions to it as
related to the child; and

        (3) information containing details of the child's 
    individualized
educational plan when the child is 
    receiving special education services.

    The caretaker shall be informed of any known social or 
behavioral
information (including, but not limited to, 
criminal background, fire
setting, perpetuation of
sexual 
abuse, destructive behavior, and substance abuse) necessary to 
care
for and safeguard the children to be placed or currently 
in the home. The Department may prepare a written summary of 
the information required by this paragraph, which may be 
provided to the foster or prospective adoptive parent in 
advance of a placement. The foster or prospective adoptive 
parent may review the supporting documents in the child's file 
in the presence of casework staff. In the case of an emergency 
placement, casework staff shall at least provide known 
information verbally, if necessary, and must subsequently 
provide the information in writing as required by this 
subsection.

    The information described in this subsection shall be 
provided in writing. In the case of emergency placements when 
time does not allow prior review, preparation, and collection 
of written information, the Department shall provide such 
information as it becomes available. Within 10 business days 
after placement, the Department shall obtain from the 
prospective adoptive parent or parents or other caretaker a 
signed verification of receipt of the information provided. 
Within 10 business days after placement, the Department shall 
provide to the child's guardian ad litem a copy of the 
information provided to the prospective adoptive parent or 
parents or other caretaker. The information provided to the 
prospective adoptive parent or parents or other caretaker shall 
be reviewed and approved regarding accuracy at the supervisory 
level.


    (u-5) Effective July 1, 1995, only foster care placements 
licensed as
foster family homes pursuant to the Child Care Act 
of 1969 shall be eligible to
receive foster care payments from 
the Department.
Relative caregivers who, as of July 1, 1995, 
were approved pursuant to approved
relative placement rules 
previously promulgated by the Department at 89 Ill.
Adm. Code 
335 and had submitted an application for licensure as a foster 
family
home may continue to receive foster care payments only 
until the Department
determines that they may be licensed as a 
foster family home or that their
application for licensure is 
denied or until September 30, 1995, whichever
occurs first.

    (v) The Department shall access criminal history record 
information
as defined in the Illinois Uniform Conviction 
Information Act and information
maintained in the adjudicatory 
and dispositional record system as defined in
Section 2605-355 
of the
Department of State Police Law (20 ILCS 2605/2605-355)

if the Department determines the information is necessary to 
perform its duties
under the Abused and Neglected Child 
Reporting Act, the Child Care Act of 1969,
and the Children and 
Family Services Act.  The Department shall provide for

interactive computerized communication and processing 
equipment that permits
direct on-line communication with the 
Department of State Police's central
criminal history data 
repository.  The Department shall comply with all
certification 
requirements and provide certified operators who have been

trained by personnel from the Department of State Police.  In 
addition, one
Office of the Inspector General investigator 
shall have training in the use of
the criminal history 
information access system and have
access to the terminal.  The 
Department of Children and Family Services and its
employees 
shall abide by rules and regulations established by the 
Department of
State Police relating to the access and 
dissemination of
this information.

    (v-1) Prior to final approval for placement of a child, the 
Department shall conduct a criminal records background check of 
the prospective foster or adoptive parent, including 
fingerprint-based checks of national crime information 
databases.   Final approval for placement shall not be granted if 
the record check reveals a felony conviction for child abuse or 
neglect, for spousal abuse, for a crime against children, or 
for a crime involving violence, including rape, sexual assault, 
or homicide, but not including other physical assault or 
battery, or if there is a felony conviction for physical 
assault, battery, or a drug-related offense committed within 
the past 5 years.
    (v-2) Prior to final approval for placement of a child, the 
Department shall check its child abuse and neglect registry for 
information concerning prospective foster and adoptive 
parents, and any adult living in the home.  If any prospective 
foster or adoptive parent or other adult living in the home has 
resided in another state in the preceding 5 years, the 
Department shall request a check of that other state's child 
abuse and neglect registry.

    (w) Within 120 days of August 20, 1995 (the effective date 
of Public Act
89-392), the Department shall prepare and submit 
to the Governor and the
General Assembly, a written plan for 
the development of in-state licensed
secure child care 
facilities that care for children who are in need of secure

living
arrangements for their health, safety, and well-being.  
For purposes of this
subsection, secure care facility shall 
mean a facility that is designed and
operated to ensure that 
all entrances and exits from the facility, a building
or a 
distinct part of the building, are under the exclusive control 
of the
staff of the facility, whether or not the child has the 
freedom of movement
within the perimeter of the facility, 
building, or distinct part of the
building.  The plan shall 
include descriptions of the types of facilities that
are needed 
in Illinois; the cost of developing these secure care 
facilities;
the estimated number of placements; the potential 
cost savings resulting from
the movement of children currently 
out-of-state who are projected to be
returned to Illinois; the 
necessary geographic distribution of these
facilities in 
Illinois; and a proposed timetable for development of such

facilities.
    (x) The Department shall conduct annual credit history 
checks to determine the financial history of children placed 
under its guardianship pursuant to the Juvenile Court Act of 
1987. The Department shall conduct such credit checks starting 
when a ward turns 12 years old and each year thereafter for the 
duration of the guardianship as terminated pursuant to the 
Juvenile Court Act of 1987. The Department shall determine if 
financial exploitation of the child's personal information has 
occurred. If financial exploitation appears to have taken place 
or is presently ongoing, the Department shall notify the proper 
law enforcement agency, the proper State's Attorney, or the 
Attorney General.
    (y) Beginning on the effective date of this amendatory Act 
of the 96th General Assembly, a child with a disability who 
receives residential and educational services from the 
Department shall be eligible to receive transition services in 
accordance with Article 14 of the School Code from the age of 
14.5 through age 21, inclusive, notwithstanding the child's 
residential services arrangement. For purposes of this 
subsection, "child with a disability" means a child with a 
disability as defined by the federal Individuals with 
Disabilities Education Improvement Act of 2004. 
    (z)  The Department shall access criminal history record 
information as defined as "background information" in this 
subsection and criminal history record information as defined 
in the Illinois Uniform Conviction Information Act for each 
Department employee or Department applicant.  Each Department 
employee or Department applicant shall submit his or her 
fingerprints to the Department of State Police in the form and 
manner prescribed by the Department of State Police.  These 
fingerprints shall be checked against the fingerprint records 
now and hereafter filed in the Department of State Police and 
the Federal Bureau of Investigation criminal history records 
databases.  The Department of State Police shall charge a fee 
for conducting the criminal history record check, which shall 
be deposited into the State Police Services Fund and shall not 
exceed the actual cost of the record check.  The Department of 
State Police shall furnish, pursuant to positive 
identification, all Illinois conviction information to the 
Department of Children and Family Services. 
    For purposes of this subsection: 
    "Background information" means all of the following: 
        (i) Upon the request of the Department of Children and 
    Family Services, conviction information obtained from the 
    Department of State Police as a result of a 
    fingerprint-based criminal history records check of the 
    Illinois criminal history records database and the Federal 
    Bureau of Investigation criminal history records database 
    concerning a Department employee or Department applicant. 
        (ii) Information obtained by the Department of 
    Children and Family Services after performing a check of 
    the Department of State Police's Sex Offender Database, as 
    authorized by Section 120 of the Sex Offender Community  
    Notification Law, concerning a Department employee or 
    Department applicant. 
        (iii) Information obtained by the Department of 
    Children and Family Services after performing a check of 
    the Child Abuse and Neglect Tracking System (CANTS) 
    operated and maintained by the Department. 
    "Department employee" means a full-time or temporary 
employee coded or certified within the State of Illinois 
Personnel System. 
    "Department applicant" means an individual who has  
conditional Department full-time or part-time work, a 
contractor, an individual used to replace or supplement staff,    
an academic intern, a volunteer in Department offices or on 
Department contracts, a work-study student, an individual or 
entity licensed by the Department, or an unlicensed service  
provider who works as a condition of a contract or an agreement  
and whose work may bring the unlicensed service provider into 
contact with Department clients or client records. 
(Source: P.A. 98-249, eff. 1-1-14; 98-570, eff. 8-27-13; 
98-756, eff. 7-16-14; 98-803, eff. 1-1-15; 99-143, eff. 
7-27-15; 99-933, eff. 1-27-17.)
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.