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1 AN ACT concerning foster youth.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. The Illinois Identification Card Act is amended
5 by changing Section 12 as follows:
6 (15 ILCS 335/12) (from Ch. 124, par. 32)
7 Sec. 12. Fees concerning standard Illinois Identification
8 Cards. The fees required under this Act for standard Illinois
9 Identification Cards must accompany any application provided
10 for in this Act, and the Secretary shall collect such fees as
11 follows:
12 a. Original card...............................$2013 b. Renewal card................................2014 c. Corrected card..............................1015 d. Duplicate card..............................2016 e. Certified copy with seal ...................517 f. (Blank) 18 g. Applicant 65 years of age or over ..........No Fee19 h. (Blank) 20 i. Individual living in Veterans21 Home or Hospital ...........................No Fee22 j. Original card under 18 years of age..........$523 k. Renewal card under 18 years of age...........$5 12 a. Original card............................... $20 13 b. Renewal card................................ 20 14 c. Corrected card.............................. 10 15 d. Duplicate card.............................. 20 16 e. Certified copy with seal ................... 5 17 f. (Blank) 18 g. Applicant 65 years of age or over .......... No Fee 19 h. (Blank) 20 i. Individual living in Veterans 21 Home or Hospital ........................... No Fee 22 j. Original card under 18 years of age.......... $5 23 k. Renewal card under 18 years of age........... $5
12 a. Original card............................... $20
13 b. Renewal card................................ 20
14 c. Corrected card.............................. 10
15 d. Duplicate card.............................. 20
16 e. Certified copy with seal ................... 5
17 f. (Blank)
18 g. Applicant 65 years of age or over .......... No Fee
19 h. (Blank)
20 i. Individual living in Veterans
21 Home or Hospital ........................... No Fee
22 j. Original card under 18 years of age.......... $5
23 k. Renewal card under 18 years of age........... $5
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12 a. Original card............................... $20
13 b. Renewal card................................ 20
14 c. Corrected card.............................. 10
15 d. Duplicate card.............................. 20
16 e. Certified copy with seal ................... 5
17 f. (Blank)
18 g. Applicant 65 years of age or over .......... No Fee
19 h. (Blank)
20 i. Individual living in Veterans
21 Home or Hospital ........................... No Fee
22 j. Original card under 18 years of age.......... $5
23 k. Renewal card under 18 years of age........... $5
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1 l. Corrected card under 18 years of age.........$52 m. Duplicate card under 18 years of age.........$53 n. Homeless person..............................No Fee 4 o. Duplicate card issued to an active-duty5 member of the United States Armed Forces,6 the member's spouse, or dependent7 children living with the member.............No Fee8 p. Duplicate temporary card.....................$59 q. First card issued to a youth 10 for whom the Department of Children 11 and Family Services is legally responsible 12 or a foster child upon turning the age of 13 16 years old until he or she reaches 14 the age of 23 21 years old................... No Fee 15 r. Original card issued to a committed16 person upon release on parole,17 mandatory supervised release,18 aftercare release, final19 discharge, or pardon from the20 Department of Corrections or21 Department of Juvenile Justice..............No Fee22 s. Limited-term Illinois Identification23 Card issued to a committed person24 upon release on parole, mandatory25 supervised release, aftercare26 release, final discharge, or pardon 1 l. Corrected card under 18 years of age......... $5 2 m. Duplicate card under 18 years of age......... $5 3 n. Homeless person.............................. No Fee 4 o. Duplicate card issued to an active-duty 5 member of the United States Armed Forces, 6 the member's spouse, or dependent 7 children living with the member............. No Fee 8 p. Duplicate temporary card..................... $5 9 q. First card issued to a youth 10 for whom the Department of Children 11 and Family Services is legally responsible 12 or a foster child upon turning the age of 13 16 years old until he or she reaches 14 the age of 23 21 years old................... No Fee 15 r. Original card issued to a committed 16 person upon release on parole, 17 mandatory supervised release, 18 aftercare release, final 19 discharge, or pardon from the 20 Department of Corrections or 21 Department of Juvenile Justice.............. No Fee 22 s. Limited-term Illinois Identification 23 Card issued to a committed person 24 upon release on parole, mandatory 25 supervised release, aftercare 26 release, final discharge, or pardon
1 l. Corrected card under 18 years of age......... $5
2 m. Duplicate card under 18 years of age......... $5
3 n. Homeless person.............................. No Fee
4 o. Duplicate card issued to an active-duty
5 member of the United States Armed Forces,
6 the member's spouse, or dependent
7 children living with the member............. No Fee
8 p. Duplicate temporary card..................... $5
9 q. First card issued to a youth
10 for whom the Department of Children
11 and Family Services is legally responsible
12 or a foster child upon turning the age of
13 16 years old until he or she reaches
14 the age of 23 21 years old................... No Fee
15 r. Original card issued to a committed
16 person upon release on parole,
17 mandatory supervised release,
18 aftercare release, final
19 discharge, or pardon from the
20 Department of Corrections or
21 Department of Juvenile Justice.............. No Fee
22 s. Limited-term Illinois Identification
23 Card issued to a committed person
24 upon release on parole, mandatory
25 supervised release, aftercare
26 release, final discharge, or pardon
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1 l. Corrected card under 18 years of age......... $5
2 m. Duplicate card under 18 years of age......... $5
3 n. Homeless person.............................. No Fee
4 o. Duplicate card issued to an active-duty
5 member of the United States Armed Forces,
6 the member's spouse, or dependent
7 children living with the member............. No Fee
8 p. Duplicate temporary card..................... $5
9 q. First card issued to a youth
10 for whom the Department of Children
11 and Family Services is legally responsible
12 or a foster child upon turning the age of
13 16 years old until he or she reaches
14 the age of 23 21 years old................... No Fee
15 r. Original card issued to a committed
16 person upon release on parole,
17 mandatory supervised release,
18 aftercare release, final
19 discharge, or pardon from the
20 Department of Corrections or
21 Department of Juvenile Justice.............. No Fee
22 s. Limited-term Illinois Identification
23 Card issued to a committed person
24 upon release on parole, mandatory
25 supervised release, aftercare
26 release, final discharge, or pardon
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1 from the Department of2 Corrections or Department of3 Juvenile Justice............................No Fee4 t. Original card issued to a 5 person up to 14 days prior 6 to or upon conditional release 7 or absolute discharge from 8 the Department of Human Services............ No Fee 9 u. Limited-term Illinois Identification 10 Card issued to a person up to 11 14 days prior to or upon 12 conditional release or absolute discharge 13 from the Department of Human Services....... No Fee 1 from the Department of 2 Corrections or Department of 3 Juvenile Justice............................ No Fee 4 t. Original card issued to a 5 person up to 14 days prior 6 to or upon conditional release 7 or absolute discharge from 8 the Department of Human Services............ No Fee 9 u. Limited-term Illinois Identification 10 Card issued to a person up to 11 14 days prior to or upon 12 conditional release or absolute discharge 13 from the Department of Human Services....... No Fee
1 from the Department of
2 Corrections or Department of
3 Juvenile Justice............................ No Fee
4 t. Original card issued to a
5 person up to 14 days prior
6 to or upon conditional release
7 or absolute discharge from
8 the Department of Human Services............ No Fee
9 u. Limited-term Illinois Identification
10 Card issued to a person up to
11 14 days prior to or upon
12 conditional release or absolute discharge
13 from the Department of Human Services....... No Fee
14 All fees collected under this Act shall be paid into the
15 Road Fund of the State treasury, except that the following
16 amounts shall be paid into the General Revenue Fund: (i) 80% of
17 the fee for an original, renewal, or duplicate Illinois
18 Identification Card issued on or after January 1, 2005; and
19 (ii) 80% of the fee for a corrected Illinois Identification
20 Card issued on or after January 1, 2005.
21 An individual, who resides in a veterans home or veterans
22 hospital operated by the State or federal government, who
23 makes an application for an Illinois Identification Card to be
24 issued at no fee, must submit, along with the application, an
25 affirmation by the applicant on a form provided by the
26 Secretary of State, that such person resides in a veterans
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1 from the Department of
2 Corrections or Department of
3 Juvenile Justice............................ No Fee
4 t. Original card issued to a
5 person up to 14 days prior
6 to or upon conditional release
7 or absolute discharge from
8 the Department of Human Services............ No Fee
9 u. Limited-term Illinois Identification
10 Card issued to a person up to
11 14 days prior to or upon
12 conditional release or absolute discharge
13 from the Department of Human Services....... No Fee
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1 home or veterans hospital operated by the State or federal
2 government.
3 The application of a homeless individual for an Illinois
4 Identification Card to be issued at no fee must be accompanied
5 by an affirmation by a qualified person, as defined in Section
6 4C of this Act, on a form provided by the Secretary of State,
7 that the applicant is currently homeless as defined in Section
8 1A of this Act.
9 For the application for the first Illinois Identification
10 Card of a youth for whom the Department of Children and Family
11 Services is legally responsible or a foster child to be issued
12 at no fee, the youth must submit, along with the application,
13 an affirmation by his or her court appointed attorney or an
14 employee of the Department of Children and Family Services on
15 a form provided by the Secretary of State, that the person is a
16 youth for whom the Department of Children and Family Services
17 is legally responsible or a foster child.
18 The fee for any duplicate identification card shall be
19 waived for any person who presents the Secretary of State's
20 Office with a police report showing that his or her
21 identification card was stolen.
22 The fee for any duplicate identification card shall be
23 waived for any person age 60 or older whose identification
24 card has been lost or stolen.
25 As used in this Section, "active-duty member of the United
26 States Armed Forces" means a member of the Armed Services or
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1 Reserve Forces of the United States or a member of the Illinois
2 National Guard who is called to active duty pursuant to an
3 executive order of the President of the United States, an act
4 of the Congress of the United States, or an order of the
5 Governor.
6 (Source: P.A. 100-201, eff. 8-18-17; 100-717, eff. 7-1-19;
7 100-827, eff. 8-13-18; 101-81, eff. 7-12-19; 101-232, eff.
8 1-1-20.)
9 Section 5. The Children and Family Services Act is amended
10 by changing Section 5 as follows:
11 (20 ILCS 505/5) (from Ch. 23, par. 5005)
12 Sec. 5. Direct child welfare services; Department of
13 Children and Family Services. To provide direct child welfare
14 services when not available through other public or private
15 child care or program facilities.
16 (a) For purposes of this Section:
17 (1) "Children" means persons found within the State
18 who are under the age of 18 years. The term also includes
19 persons under age 23 21 who:
20 (A) were committed to the Department pursuant to
21 the Juvenile Court Act or the Juvenile Court Act of
22 1987 and who continue under the jurisdiction of the
23 court; or
24 (B) were accepted for care, service and training
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1 by the Department prior to the age of 18 and whose best
2 interest in the discretion of the Department would be
3 served by continuing that care, service and training
4 because of severe emotional disturbances, physical
5 disability, social adjustment or any combination
6 thereof, or because of the need to complete an
7 educational or vocational training program.
8 (2) "Homeless youth" means persons found within the
9 State who are under the age of 19, are not in a safe and
10 stable living situation and cannot be reunited with their
11 families.
12 (3) "Child welfare services" means public social
13 services which are directed toward the accomplishment of
14 the following purposes:
15 (A) protecting and promoting the health, safety
16 and welfare of children, including homeless,
17 dependent, or neglected children;
18 (B) remedying, or assisting in the solution of
19 problems which may result in, the neglect, abuse,
20 exploitation, or delinquency of children;
21 (C) preventing the unnecessary separation of
22 children from their families by identifying family
23 problems, assisting families in resolving their
24 problems, and preventing the breakup of the family
25 where the prevention of child removal is desirable and
26 possible when the child can be cared for at home
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1 without endangering the child's health and safety;
2 (D) restoring to their families children who have
3 been removed, by the provision of services to the
4 child and the families when the child can be cared for
5 at home without endangering the child's health and
6 safety;
7 (E) placing children in suitable adoptive homes,
8 in cases where restoration to the biological family is
9 not safe, possible, or appropriate;
10 (F) assuring safe and adequate care of children
11 away from their homes, in cases where the child cannot
12 be returned home or cannot be placed for adoption. At
13 the time of placement, the Department shall consider
14 concurrent planning, as described in subsection (l-1)
15 of this Section so that permanency may occur at the
16 earliest opportunity. Consideration should be given so
17 that if reunification fails or is delayed, the
18 placement made is the best available placement to
19 provide permanency for the child;
20 (G) (blank);
21 (H) (blank); and
22 (I) placing and maintaining children in facilities
23 that provide separate living quarters for children
24 under the age of 18 and for children 18 years of age
25 and older, unless a child 18 years of age is in the
26 last year of high school education or vocational
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1 training, in an approved individual or group treatment
2 program, in a licensed shelter facility, or secure
3 child care facility. The Department is not required to
4 place or maintain children:
5 (i) who are in a foster home, or
6 (ii) who are persons with a developmental
7 disability, as defined in the Mental Health and
8 Developmental Disabilities Code, or
9 (iii) who are female children who are
10 pregnant, pregnant and parenting, or parenting, or
11 (iv) who are siblings, in facilities that
12 provide separate living quarters for children 18
13 years of age and older and for children under 18
14 years of age.
15 (b) (Blank).
16 (c) The Department shall establish and maintain
17 tax-supported child welfare services and extend and seek to
18 improve voluntary services throughout the State, to the end
19 that services and care shall be available on an equal basis
20 throughout the State to children requiring such services.
21 (d) The Director may authorize advance disbursements for
22 any new program initiative to any agency contracting with the
23 Department. As a prerequisite for an advance disbursement, the
24 contractor must post a surety bond in the amount of the advance
25 disbursement and have a purchase of service contract approved
26 by the Department. The Department may pay up to 2 months
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1 operational expenses in advance. The amount of the advance
2 disbursement shall be prorated over the life of the contract
3 or the remaining months of the fiscal year, whichever is less,
4 and the installment amount shall then be deducted from future
5 bills. Advance disbursement authorizations for new initiatives
6 shall not be made to any agency after that agency has operated
7 during 2 consecutive fiscal years. The requirements of this
8 Section concerning advance disbursements shall not apply with
9 respect to the following: payments to local public agencies
10 for child day care services as authorized by Section 5a of this
11 Act; and youth service programs receiving grant funds under
12 Section 17a-4.
13 (e) (Blank).
14 (f) (Blank).
15 (g) The Department shall establish rules and regulations
16 concerning its operation of programs designed to meet the
17 goals of child safety and protection, family preservation,
18 family reunification, and adoption, including, but not limited
19 to:
20 (1) adoption;
21 (2) foster care;
22 (3) family counseling;
23 (4) protective services;
24 (5) (blank);
25 (6) homemaker service;
26 (7) return of runaway children;
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1 (8) (blank);
2 (9) placement under Section 5-7 of the Juvenile Court
3 Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
4 Court Act of 1987 in accordance with the federal Adoption
5 Assistance and Child Welfare Act of 1980; and
6 (10) interstate services.
7 Rules and regulations established by the Department shall
8 include provisions for training Department staff and the staff
9 of Department grantees, through contracts with other agencies
10 or resources, in screening techniques to identify substance
11 use disorders, as defined in the Substance Use Disorder Act,
12 approved by the Department of Human Services, as a successor
13 to the Department of Alcoholism and Substance Abuse, for the
14 purpose of identifying children and adults who should be
15 referred for an assessment at an organization appropriately
16 licensed by the Department of Human Services for substance use
17 disorder treatment.
18 (h) If the Department finds that there is no appropriate
19 program or facility within or available to the Department for
20 a youth in care and that no licensed private facility has an
21 adequate and appropriate program or none agrees to accept the
22 youth in care, the Department shall create an appropriate
23 individualized, program-oriented plan for such youth in care.
24 The plan may be developed within the Department or through
25 purchase of services by the Department to the extent that it is
26 within its statutory authority to do.
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1 (i) Service programs shall be available throughout the
2 State and shall include but not be limited to the following
3 services:
4 (1) case management;
5 (2) homemakers;
6 (3) counseling;
7 (4) parent education;
8 (5) day care; and
9 (6) emergency assistance and advocacy.
10 In addition, the following services may be made available
11 to assess and meet the needs of children and families:
12 (1) comprehensive family-based services;
13 (2) assessments;
14 (3) respite care; and
15 (4) in-home health services.
16 The Department shall provide transportation for any of the
17 services it makes available to children or families or for
18 which it refers children or families.
19 (j) The Department may provide categories of financial
20 assistance and education assistance grants, and shall
21 establish rules and regulations concerning the assistance and
22 grants, to persons who adopt children with physical or mental
23 disabilities, children who are older, or other hard-to-place
24 children who (i) immediately prior to their adoption were
25 youth in care or (ii) were determined eligible for financial
26 assistance with respect to a prior adoption and who become
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1 available for adoption because the prior adoption has been
2 dissolved and the parental rights of the adoptive parents have
3 been terminated or because the child's adoptive parents have
4 died. The Department may continue to provide financial
5 assistance and education assistance grants for a child who was
6 determined eligible for financial assistance under this
7 subsection (j) in the interim period beginning when the
8 child's adoptive parents died and ending with the finalization
9 of the new adoption of the child by another adoptive parent or
10 parents. The Department may also provide categories of
11 financial assistance and education assistance grants, and
12 shall establish rules and regulations for the assistance and
13 grants, to persons appointed guardian of the person under
14 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
15 4-25, or 5-740 of the Juvenile Court Act of 1987 for children
16 who were youth in care for 12 months immediately prior to the
17 appointment of the guardian.
18 The amount of assistance may vary, depending upon the
19 needs of the child and the adoptive parents, as set forth in
20 the annual assistance agreement. Special purpose grants are
21 allowed where the child requires special service but such
22 costs may not exceed the amounts which similar services would
23 cost the Department if it were to provide or secure them as
24 guardian of the child.
25 Any financial assistance provided under this subsection is
26 inalienable by assignment, sale, execution, attachment,
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1 garnishment, or any other remedy for recovery or collection of
2 a judgment or debt.
3 (j-5) The Department shall not deny or delay the placement
4 of a child for adoption if an approved family is available
5 either outside of the Department region handling the case, or
6 outside of the State of Illinois.
7 (k) The Department shall accept for care and training any
8 child who has been adjudicated neglected or abused, or
9 dependent committed to it pursuant to the Juvenile Court Act
10 or the Juvenile Court Act of 1987.
11 (l) The Department shall offer family preservation
12 services, as defined in Section 8.2 of the Abused and
13 Neglected Child Reporting Act, to help families, including
14 adoptive and extended families. Family preservation services
15 shall be offered (i) to prevent the placement of children in
16 substitute care when the children can be cared for at home or
17 in the custody of the person responsible for the children's
18 welfare, (ii) to reunite children with their families, or
19 (iii) to maintain an adoptive placement. Family preservation
20 services shall only be offered when doing so will not endanger
21 the children's health or safety. With respect to children who
22 are in substitute care pursuant to the Juvenile Court Act of
23 1987, family preservation services shall not be offered if a
24 goal other than those of subdivisions (A), (B), or (B-1) of
25 subsection (2) of Section 2-28 of that Act has been set, except
26 that reunification services may be offered as provided in
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1 paragraph (F) of subsection (2) of Section 2-28 of that Act.
2 Nothing in this paragraph shall be construed to create a
3 private right of action or claim on the part of any individual
4 or child welfare agency, except that when a child is the
5 subject of an action under Article II of the Juvenile Court Act
6 of 1987 and the child's service plan calls for services to
7 facilitate achievement of the permanency goal, the court
8 hearing the action under Article II of the Juvenile Court Act
9 of 1987 may order the Department to provide the services set
10 out in the plan, if those services are not provided with
11 reasonable promptness and if those services are available.
12 The Department shall notify the child and his family of
13 the Department's responsibility to offer and provide family
14 preservation services as identified in the service plan. The
15 child and his family shall be eligible for services as soon as
16 the report is determined to be "indicated". The Department may
17 offer services to any child or family with respect to whom a
18 report of suspected child abuse or neglect has been filed,
19 prior to concluding its investigation under Section 7.12 of
20 the Abused and Neglected Child Reporting Act. However, the
21 child's or family's willingness to accept services shall not
22 be considered in the investigation. The Department may also
23 provide services to any child or family who is the subject of
24 any report of suspected child abuse or neglect or may refer
25 such child or family to services available from other agencies
26 in the community, even if the report is determined to be
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1 unfounded, if the conditions in the child's or family's home
2 are reasonably likely to subject the child or family to future
3 reports of suspected child abuse or neglect. Acceptance of
4 such services shall be voluntary. The Department may also
5 provide services to any child or family after completion of a
6 family assessment, as an alternative to an investigation, as
7 provided under the "differential response program" provided
8 for in subsection (a-5) of Section 7.4 of the Abused and
9 Neglected Child Reporting Act.
10 The Department may, at its discretion except for those
11 children also adjudicated neglected or dependent, accept for
12 care and training any child who has been adjudicated addicted,
13 as a truant minor in need of supervision or as a minor
14 requiring authoritative intervention, under the Juvenile Court
15 Act or the Juvenile Court Act of 1987, but no such child shall
16 be committed to the Department by any court without the
17 approval of the Department. On and after January 1, 2015 (the
18 effective date of Public Act 98-803) and before January 1,
19 2017, a minor charged with a criminal offense under the
20 Criminal Code of 1961 or the Criminal Code of 2012 or
21 adjudicated delinquent shall not be placed in the custody of
22 or committed to the Department by any court, except (i) a minor
23 less than 16 years of age committed to the Department under
24 Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
25 for whom an independent basis of abuse, neglect, or dependency
26 exists, which must be defined by departmental rule, or (iii) a
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1 minor for whom the court has granted a supplemental petition
2 to reinstate wardship pursuant to subsection (2) of Section
3 2-33 of the Juvenile Court Act of 1987. On and after January 1,
4 2017, a minor charged with a criminal offense under the
5 Criminal Code of 1961 or the Criminal Code of 2012 or
6 adjudicated delinquent shall not be placed in the custody of
7 or committed to the Department by any court, except (i) a minor
8 less than 15 years of age committed to the Department under
9 Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
10 for whom an independent basis of abuse, neglect, or dependency
11 exists, which must be defined by departmental rule, or (iii) a
12 minor for whom the court has granted a supplemental petition
13 to reinstate wardship pursuant to subsection (2) of Section
14 2-33 of the Juvenile Court Act of 1987. An independent basis
15 exists when the allegations or adjudication of abuse, neglect,
16 or dependency do not arise from the same facts, incident, or
17 circumstances which give rise to a charge or adjudication of
18 delinquency. The Department shall assign a caseworker to
19 attend any hearing involving a youth in the care and custody of
20 the Department who is placed on aftercare release, including
21 hearings involving sanctions for violation of aftercare
22 release conditions and aftercare release revocation hearings.
23 As soon as is possible after August 7, 2009 (the effective
24 date of Public Act 96-134), the Department shall develop and
25 implement a special program of family preservation services to
26 support intact, foster, and adoptive families who are
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1 experiencing extreme hardships due to the difficulty and
2 stress of caring for a child who has been diagnosed with a
3 pervasive developmental disorder if the Department determines
4 that those services are necessary to ensure the health and
5 safety of the child. The Department may offer services to any
6 family whether or not a report has been filed under the Abused
7 and Neglected Child Reporting Act. The Department may refer
8 the child or family to services available from other agencies
9 in the community if the conditions in the child's or family's
10 home are reasonably likely to subject the child or family to
11 future reports of suspected child abuse or neglect. Acceptance
12 of these services shall be voluntary. The Department shall
13 develop and implement a public information campaign to alert
14 health and social service providers and the general public
15 about these special family preservation services. The nature
16 and scope of the services offered and the number of families
17 served under the special program implemented under this
18 paragraph shall be determined by the level of funding that the
19 Department annually allocates for this purpose. The term
20 "pervasive developmental disorder" under this paragraph means
21 a neurological condition, including, but not limited to,
22 Asperger's Syndrome and autism, as defined in the most recent
23 edition of the Diagnostic and Statistical Manual of Mental
24 Disorders of the American Psychiatric Association.
25 (l-1) The legislature recognizes that the best interests
26 of the child require that the child be placed in the most
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1 permanent living arrangement as soon as is practically
2 possible. To achieve this goal, the legislature directs the
3 Department of Children and Family Services to conduct
4 concurrent planning so that permanency may occur at the
5 earliest opportunity. Permanent living arrangements may
6 include prevention of placement of a child outside the home of
7 the family when the child can be cared for at home without
8 endangering the child's health or safety; reunification with
9 the family, when safe and appropriate, if temporary placement
10 is necessary; or movement of the child toward the most
11 permanent living arrangement and permanent legal status.
12 When determining reasonable efforts to be made with
13 respect to a child, as described in this subsection, and in
14 making such reasonable efforts, the child's health and safety
15 shall be the paramount concern.
16 When a child is placed in foster care, the Department
17 shall ensure and document that reasonable efforts were made to
18 prevent or eliminate the need to remove the child from the
19 child's home. The Department must make reasonable efforts to
20 reunify the family when temporary placement of the child
21 occurs unless otherwise required, pursuant to the Juvenile
22 Court Act of 1987. At any time after the dispositional hearing
23 where the Department believes that further reunification
24 services would be ineffective, it may request a finding from
25 the court that reasonable efforts are no longer appropriate.
26 The Department is not required to provide further
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1 reunification services after such a finding.
2 A decision to place a child in substitute care shall be
3 made with considerations of the child's health, safety, and
4 best interests. At the time of placement, consideration should
5 also be given so that if reunification fails or is delayed, the
6 placement made is the best available placement to provide
7 permanency for the child.
8 The Department shall adopt rules addressing concurrent
9 planning for reunification and permanency. The Department
10 shall consider the following factors when determining
11 appropriateness of concurrent planning:
12 (1) the likelihood of prompt reunification;
13 (2) the past history of the family;
14 (3) the barriers to reunification being addressed by
15 the family;
16 (4) the level of cooperation of the family;
17 (5) the foster parents' willingness to work with the
18 family to reunite;
19 (6) the willingness and ability of the foster family
20 to provide an adoptive home or long-term placement;
21 (7) the age of the child;
22 (8) placement of siblings.
23 (m) The Department may assume temporary custody of any
24 child if:
25 (1) it has received a written consent to such
26 temporary custody signed by the parents of the child or by
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1 the parent having custody of the child if the parents are
2 not living together or by the guardian or custodian of the
3 child if the child is not in the custody of either parent,
4 or
5 (2) the child is found in the State and neither a
6 parent, guardian nor custodian of the child can be
7 located.
8 If the child is found in his or her residence without a parent,
9 guardian, custodian, or responsible caretaker, the Department
10 may, instead of removing the child and assuming temporary
11 custody, place an authorized representative of the Department
12 in that residence until such time as a parent, guardian, or
13 custodian enters the home and expresses a willingness and
14 apparent ability to ensure the child's health and safety and
15 resume permanent charge of the child, or until a relative
16 enters the home and is willing and able to ensure the child's
17 health and safety and assume charge of the child until a
18 parent, guardian, or custodian enters the home and expresses
19 such willingness and ability to ensure the child's safety and
20 resume permanent charge. After a caretaker has remained in the
21 home for a period not to exceed 12 hours, the Department must
22 follow those procedures outlined in Section 2-9, 3-11, 4-8, or
23 5-415 of the Juvenile Court Act of 1987.
24 The Department shall have the authority, responsibilities
25 and duties that a legal custodian of the child would have
26 pursuant to subsection (9) of Section 1-3 of the Juvenile
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1 Court Act of 1987. Whenever a child is taken into temporary
2 custody pursuant to an investigation under the Abused and
3 Neglected Child Reporting Act, or pursuant to a referral and
4 acceptance under the Juvenile Court Act of 1987 of a minor in
5 limited custody, the Department, during the period of
6 temporary custody and before the child is brought before a
7 judicial officer as required by Section 2-9, 3-11, 4-8, or
8 5-415 of the Juvenile Court Act of 1987, shall have the
9 authority, responsibilities and duties that a legal custodian
10 of the child would have under subsection (9) of Section 1-3 of
11 the Juvenile Court Act of 1987.
12 The Department shall ensure that any child taken into
13 custody is scheduled for an appointment for a medical
14 examination.
15 A parent, guardian, or custodian of a child in the
16 temporary custody of the Department who would have custody of
17 the child if he were not in the temporary custody of the
18 Department may deliver to the Department a signed request that
19 the Department surrender the temporary custody of the child.
20 The Department may retain temporary custody of the child for
21 10 days after the receipt of the request, during which period
22 the Department may cause to be filed a petition pursuant to the
23 Juvenile Court Act of 1987. If a petition is so filed, the
24 Department shall retain temporary custody of the child until
25 the court orders otherwise. If a petition is not filed within
26 the 10-day period, the child shall be surrendered to the
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1 custody of the requesting parent, guardian, or custodian not
2 later than the expiration of the 10-day period, at which time
3 the authority and duties of the Department with respect to the
4 temporary custody of the child shall terminate.
5 (m-1) The Department may place children under 18 years of
6 age in a secure child care facility licensed by the Department
7 that cares for children who are in need of secure living
8 arrangements for their health, safety, and well-being after a
9 determination is made by the facility director and the
10 Director or the Director's designate prior to admission to the
11 facility subject to Section 2-27.1 of the Juvenile Court Act
12 of 1987. This subsection (m-1) does not apply to a child who is
13 subject to placement in a correctional facility operated
14 pursuant to Section 3-15-2 of the Unified Code of Corrections,
15 unless the child is a youth in care who was placed in the care
16 of the Department before being subject to placement in a
17 correctional facility and a court of competent jurisdiction
18 has ordered placement of the child in a secure 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 board,
25 clothing, care, training and supervision of any child placed
26 in a licensed child care facility may be made by the
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1 Department, by the parents or guardians of the estates of
2 those children, or by both the Department and the parents or
3 guardians, except that no payments shall be made by the
4 Department for any child placed in a licensed child care
5 facility for board, clothing, care, training and supervision
6 of such a child that exceed the average per capita cost of
7 maintaining and of caring for a child in institutions for
8 dependent or neglected children operated by the Department.
9 However, such restriction on payments does not apply in cases
10 where children require specialized care and treatment for
11 problems of severe emotional disturbance, physical disability,
12 social adjustment, or any combination thereof and suitable
13 facilities for the placement of such children are not
14 available at payment rates within the limitations set forth in
15 this Section. All reimbursements for services delivered shall
16 be absolutely inalienable by assignment, sale, attachment, or
17 garnishment or otherwise.
18 (n-1) The Department shall provide or authorize child
19 welfare services, aimed at assisting minors to achieve
20 sustainable self-sufficiency as independent adults, for any
21 minor eligible for the reinstatement of wardship pursuant to
22 subsection (2) of Section 2-33 of the Juvenile Court Act of
23 1987, whether or not such reinstatement is sought or allowed,
24 provided that the minor consents to such services and has not
25 yet attained the age of 23 21. The Department shall have
26 responsibility for the development and delivery of services
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1 under this Section. An eligible youth may access services
2 under this Section through the Department of Children and
3 Family Services or by referral from the Department of Human
4 Services. Youth participating in services under this Section
5 shall cooperate with the assigned case manager in developing
6 an agreement identifying the services to be provided and how
7 the youth will increase skills to achieve self-sufficiency. A
8 homeless shelter is not considered appropriate housing for any
9 youth receiving child welfare services under this Section. The
10 Department shall continue child welfare services under this
11 Section to any eligible minor until the minor becomes 23 21
12 years of age, no longer consents to participate, or achieves
13 self-sufficiency as identified in the minor's service plan.
14 The Department of Children and Family Services shall create
15 clear, readable notice of the rights of former foster youth to
16 child welfare services under this Section and how such
17 services may be obtained. The Department of Children and
18 Family Services and the Department of Human Services shall
19 disseminate this information statewide. The Department shall
20 adopt regulations describing services intended to assist
21 minors in achieving sustainable self-sufficiency as
22 independent adults.
23 (o) The Department shall establish an administrative
24 review and appeal process for children and families who
25 request or receive child welfare services from the Department.
26 Youth in care who are placed by private child welfare
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1 agencies, and foster families with whom those youth are
2 placed, shall be afforded the same procedural and appeal
3 rights as children and families in the case of placement by the
4 Department, including the right to an initial review of a
5 private agency decision by that agency. The Department shall
6 ensure that any private child welfare agency, which accepts
7 youth in care for placement, affords those rights to children
8 and foster families. The Department shall accept for
9 administrative review and an appeal hearing a complaint made
10 by (i) a child or foster family concerning a decision
11 following an initial review by a private child welfare agency
12 or (ii) a prospective adoptive parent who alleges a violation
13 of subsection (j-5) of this Section. An appeal of a decision
14 concerning a change in the placement of a child shall be
15 conducted in an expedited manner. A court determination that a
16 current foster home placement is necessary and appropriate
17 under Section 2-28 of the Juvenile Court Act of 1987 does not
18 constitute a judicial determination on the merits of an
19 administrative appeal, filed by a former foster parent,
20 involving a change of placement decision.
21 (p) (Blank).
22 (q) The Department may receive and use, in their entirety,
23 for the benefit of children any gift, donation, or bequest of
24 money or other property which is received on behalf of such
25 children, or any financial benefits to which such children are
26 or may become entitled while under the jurisdiction or care of
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1 the Department, except that the benefits described in Section
2 5.46 must be used and conserved consistent with the provisions
3 under Section 5.46.
4 The Department shall set up and administer no-cost,
5 interest-bearing accounts in appropriate financial
6 institutions for children for whom the Department is legally
7 responsible and who have been determined eligible for
8 Veterans' Benefits, Social Security benefits, assistance
9 allotments from the armed forces, court ordered payments,
10 parental voluntary payments, Supplemental Security Income,
11 Railroad Retirement payments, Black Lung benefits, or other
12 miscellaneous payments. Interest earned by each account shall
13 be credited to the account, unless disbursed in accordance
14 with this subsection.
15 In disbursing funds from children's accounts, the
16 Department shall:
17 (1) Establish standards in accordance with State and
18 federal laws for disbursing money from children's
19 accounts. In all circumstances, the Department's
20 "Guardianship Administrator" or his or her designee must
21 approve disbursements from children's accounts. The
22 Department shall be responsible for keeping complete
23 records of all disbursements for each account for any
24 purpose.
25 (2) Calculate on a monthly basis the amounts paid from
26 State funds for the child's board and care, medical care
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1 not covered under Medicaid, and social services; and
2 utilize funds from the child's account, as covered by
3 regulation, to reimburse those costs. Monthly,
4 disbursements from all children's accounts, up to 1/12 of
5 $13,000,000, shall be deposited by the Department into the
6 General Revenue Fund and the balance over 1/12 of
7 $13,000,000 into the DCFS Children's Services Fund.
8 (3) Maintain any balance remaining after reimbursing
9 for the child's costs of care, as specified in item (2).
10 The balance shall accumulate in accordance with relevant
11 State and federal laws and shall be disbursed to the child
12 or his or her guardian, or to the issuing agency.
13 (r) The Department shall promulgate regulations
14 encouraging all adoption agencies to voluntarily forward to
15 the Department or its agent names and addresses of all persons
16 who have applied for and have been approved for adoption of a
17 hard-to-place child or child with a disability and the names
18 of such children who have not been placed for adoption. A list
19 of such names and addresses shall be maintained by the
20 Department or its agent, and coded lists which maintain the
21 confidentiality of the person seeking to adopt the child and
22 of the child shall be made available, without charge, to every
23 adoption agency in the State to assist the agencies in placing
24 such children for adoption. The Department may delegate to an
25 agent its duty to maintain and make available such lists. The
26 Department shall ensure that such agent maintains the
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1 confidentiality of the person seeking to adopt the child and
2 of the child.
3 (s) The Department of Children and Family Services may
4 establish and implement a program to reimburse Department and
5 private child welfare agency foster parents licensed by the
6 Department of Children and Family Services for damages
7 sustained by the foster parents as a result of the malicious or
8 negligent acts of foster children, as well as providing third
9 party coverage for such foster parents with regard to actions
10 of foster children to other individuals. Such coverage will be
11 secondary to the foster parent liability insurance policy, if
12 applicable. The program shall be funded through appropriations
13 from the General Revenue Fund, specifically designated for
14 such purposes.
15 (t) The Department shall perform home studies and
16 investigations and shall exercise supervision over visitation
17 as ordered by a court pursuant to the Illinois Marriage and
18 Dissolution of Marriage Act or the Adoption Act only if:
19 (1) an order entered by an Illinois court specifically
20 directs the Department to perform such services; and
21 (2) the court has ordered one or both of the parties to
22 the proceeding to reimburse the Department for its
23 reasonable costs for providing such services in accordance
24 with Department rules, or has determined that neither
25 party is financially able to pay.
26 The Department shall provide written notification to the
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1 court of the specific arrangements for supervised visitation
2 and projected monthly costs within 60 days of the court order.
3 The Department shall send to the court information related to
4 the costs incurred except in cases where the court has
5 determined the parties are financially unable to pay. The
6 court may order additional periodic reports as appropriate.
7 (u) In addition to other information that must be
8 provided, whenever the Department places a child with a
9 prospective adoptive parent or parents, in a licensed foster
10 home, group home, or child care institution, or in a relative
11 home, the Department shall provide to the prospective adoptive
12 parent or parents or other caretaker:
13 (1) available detailed information concerning the
14 child's educational and health history, copies of
15 immunization records (including insurance and medical card
16 information), a history of the child's previous
17 placements, if any, and reasons for placement changes
18 excluding any information that identifies or reveals the
19 location of any previous caretaker;
20 (2) a copy of the child's portion of the client
21 service plan, including any visitation arrangement, and
22 all amendments or revisions to it as related to the child;
23 and
24 (3) information containing details of the child's
25 individualized educational plan when the child is
26 receiving special education services.
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1 The caretaker shall be informed of any known social or
2 behavioral information (including, but not limited to,
3 criminal background, fire setting, perpetuation of sexual
4 abuse, destructive behavior, and substance abuse) necessary to
5 care for and safeguard the children to be placed or currently
6 in the home. The Department may prepare a written summary of
7 the information required by this paragraph, which may be
8 provided to the foster or prospective adoptive parent in
9 advance of a placement. The foster or prospective adoptive
10 parent may review the supporting documents in the child's file
11 in the presence of casework staff. In the case of an emergency
12 placement, casework staff shall at least provide known
13 information verbally, if necessary, and must subsequently
14 provide the information in writing as required by this
15 subsection.
16 The information described in this subsection shall be
17 provided in writing. In the case of emergency placements when
18 time does not allow prior review, preparation, and collection
19 of written information, the Department shall provide such
20 information as it becomes available. Within 10 business days
21 after placement, the Department shall obtain from the
22 prospective adoptive parent or parents or other caretaker a
23 signed verification of receipt of the information provided.
24 Within 10 business days after placement, the Department shall
25 provide to the child's guardian ad litem a copy of the
26 information provided to the prospective adoptive parent or
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1 parents or other caretaker. The information provided to the
2 prospective adoptive parent or parents or other caretaker
3 shall be reviewed and approved regarding accuracy at the
4 supervisory level.
5 (u-5) Effective July 1, 1995, only foster care placements
6 licensed as foster family homes pursuant to the Child Care Act
7 of 1969 shall be eligible to receive foster care payments from
8 the Department. Relative caregivers who, as of July 1, 1995,
9 were approved pursuant to approved relative placement rules
10 previously promulgated by the Department at 89 Ill. Adm. Code
11 335 and had submitted an application for licensure as a foster
12 family home may continue to receive foster care payments only
13 until the Department determines that they may be licensed as a
14 foster family home or that their application for licensure is
15 denied or until September 30, 1995, whichever occurs first.
16 (v) The Department shall access criminal history record
17 information as defined in the Illinois Uniform Conviction
18 Information Act and information maintained in the adjudicatory
19 and dispositional record system as defined in Section 2605-355
20 of the Illinois State Police Law if the Department determines
21 the information is necessary to perform its duties under the
22 Abused and Neglected Child Reporting Act, the Child Care Act
23 of 1969, and the Children and Family Services Act. The
24 Department shall provide for interactive computerized
25 communication and processing equipment that permits direct
26 on-line communication with the Illinois State Police's central
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1 criminal history data repository. The Department shall comply
2 with all certification requirements and provide certified
3 operators who have been trained by personnel from the Illinois
4 State Police. In addition, one Office of the Inspector General
5 investigator shall have training in the use of the criminal
6 history information access system and have access to the
7 terminal. The Department of Children and Family Services and
8 its employees shall abide by rules and regulations established
9 by the Illinois State Police relating to the access and
10 dissemination of this information.
11 (v-1) Prior to final approval for placement of a child,
12 the Department shall conduct a criminal records background
13 check of the prospective foster or adoptive parent, including
14 fingerprint-based checks of national crime information
15 databases. Final approval for placement shall not be granted
16 if the record check reveals a felony conviction for child
17 abuse or neglect, for spousal abuse, for a crime against
18 children, or for a crime involving violence, including rape,
19 sexual assault, or homicide, but not including other physical
20 assault or battery, or if there is a felony conviction for
21 physical assault, battery, or a drug-related offense committed
22 within the past 5 years.
23 (v-2) Prior to final approval for placement of a child,
24 the Department shall check its child abuse and neglect
25 registry for information concerning prospective foster and
26 adoptive parents, and any adult living in the home. If any
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1 prospective foster or adoptive parent or other adult living in
2 the home has resided in another state in the preceding 5 years,
3 the Department shall request a check of that other state's
4 child abuse and neglect registry.
5 (w) Within 120 days of August 20, 1995 (the effective date
6 of Public Act 89-392), the Department shall prepare and submit
7 to the Governor and the General Assembly, a written plan for
8 the development of in-state licensed secure child care
9 facilities that care for children who are in need of secure
10 living arrangements for their health, safety, and well-being.
11 For purposes of this subsection, secure care facility shall
12 mean a facility that is designed and operated to ensure that
13 all entrances and exits from the facility, a building or a
14 distinct part of the building, are under the exclusive control
15 of the staff of the facility, whether or not the child has the
16 freedom of movement within the perimeter of the facility,
17 building, or distinct part of the building. The plan shall
18 include descriptions of the types of facilities that are
19 needed in Illinois; the cost of developing these secure care
20 facilities; the estimated number of placements; the potential
21 cost savings resulting from the movement of children currently
22 out-of-state who are projected to be returned to Illinois; the
23 necessary geographic distribution of these facilities in
24 Illinois; and a proposed timetable for development of such
25 facilities.
26 (x) The Department shall conduct annual credit history
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1 checks to determine the financial history of children placed
2 under its guardianship pursuant to the Juvenile Court Act of
3 1987. The Department shall conduct such credit checks starting
4 when a youth in care turns 12 years old and each year
5 thereafter for the duration of the guardianship as terminated
6 pursuant to the Juvenile Court Act of 1987. The Department
7 shall determine if financial exploitation of the child's
8 personal information has occurred. If financial exploitation
9 appears to have taken place or is presently ongoing, the
10 Department shall notify the proper law enforcement agency, the
11 proper State's Attorney, or the Attorney General.
12 (y) Beginning on July 22, 2010 (the effective date of
13 Public Act 96-1189), a child with a disability who receives
14 residential and educational services from the Department shall
15 be eligible to receive transition services in accordance with
16 Article 14 of the School Code from the age of 14.5 through age
17 21, inclusive, notwithstanding the child's residential
18 services arrangement. For purposes of this subsection, "child
19 with a disability" means a child with a disability as defined
20 by the federal Individuals with Disabilities Education
21 Improvement Act of 2004.
22 (z) The Department shall access criminal history record
23 information as defined as "background information" in this
24 subsection and criminal history record information as defined
25 in the Illinois Uniform Conviction Information Act for each
26 Department employee or Department applicant. Each Department
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1 employee or Department applicant shall submit his or her
2 fingerprints to the Illinois State Police in the form and
3 manner prescribed by the Illinois State Police. These
4 fingerprints shall be checked against the fingerprint records
5 now and hereafter filed in the Illinois State Police and the
6 Federal Bureau of Investigation criminal history records
7 databases. The Illinois State Police shall charge a fee for
8 conducting the criminal history record check, which shall be
9 deposited into the State Police Services Fund and shall not
10 exceed the actual cost of the record check. The Illinois State
11 Police shall furnish, pursuant to positive identification, all
12 Illinois conviction information to the Department of Children
13 and Family Services.
14 For purposes of this subsection:
15 "Background information" means all of the following:
16 (i) Upon the request of the Department of Children and
17 Family Services, conviction information obtained from the
18 Illinois State Police as a result of a fingerprint-based
19 criminal history records check of the Illinois criminal
20 history records database and the Federal Bureau of
21 Investigation criminal history records database concerning
22 a Department employee or Department applicant.
23 (ii) Information obtained by the Department of
24 Children and Family Services after performing a check of
25 the Illinois State Police's Sex Offender Database, as
26 authorized by Section 120 of the Sex Offender Community
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1 Notification Law, concerning a Department employee or
2 Department applicant.
3 (iii) Information obtained by the Department of
4 Children and Family Services after performing a check of
5 the Child Abuse and Neglect Tracking System (CANTS)
6 operated and maintained by the Department.
7 "Department employee" means a full-time or temporary
8 employee coded or certified within the State of Illinois
9 Personnel System.
10 "Department applicant" means an individual who has
11 conditional Department full-time or part-time work, a
12 contractor, an individual used to replace or supplement staff,
13 an academic intern, a volunteer in Department offices or on
14 Department contracts, a work-study student, an individual or
15 entity licensed by the Department, or an unlicensed service
16 provider who works as a condition of a contract or an agreement
17 and whose work may bring the unlicensed service provider into
18 contact with Department clients or client records.
19 (Source: P.A. 101-13, eff. 6-12-19; 101-79, eff. 7-12-19;
20 101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 102-558, eff.
21 8-20-21; 102-1014, eff. 5-27-22.)
22 Section 15. The Juvenile Court Act of 1987 is amended by
23 changing Sections 2-23, 2-31, 2-33, and 2-34 as follows:
24 (705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
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1 Sec. 2-23. Kinds of dispositional orders.
2 (1) The following kinds of orders of disposition may be
3 made in respect of wards of the court:
4 (a) A minor found to be neglected or abused under
5 Section 2-3 or dependent under Section 2-4 may be (1)
6 continued in the custody of his or her parents, guardian
7 or legal custodian; (2) placed in accordance with Section
8 2-27; (3) restored to the custody of the parent, parents,
9 guardian, or legal custodian, provided the court shall
10 order the parent, parents, guardian, or legal custodian to
11 cooperate with the Department of Children and Family
12 Services and comply with the terms of an after-care plan
13 or risk the loss of custody of the child and the possible
14 termination of their parental rights; or (4) ordered
15 partially or completely emancipated in accordance with the
16 provisions of the Emancipation of Minors Act.
17 If the minor is being restored to the custody of a
18 parent, legal custodian, or guardian who lives outside of
19 Illinois, and an Interstate Compact has been requested and
20 refused, the court may order the Department of Children
21 and Family Services to arrange for an assessment of the
22 minor's proposed living arrangement and for ongoing
23 monitoring of the health, safety, and best interest of the
24 minor and compliance with any order of protective
25 supervision entered in accordance with Section 2-24.
26 However, in any case in which a minor is found by the
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1 court to be neglected or abused under Section 2-3 of this
2 Act, custody of the minor shall not be restored to any
3 parent, guardian or legal custodian whose acts or
4 omissions or both have been identified, pursuant to
5 subsection (1) of Section 2-21, as forming the basis for
6 the court's finding of abuse or neglect, until such time
7 as a hearing is held on the issue of the best interests of
8 the minor and the fitness of such parent, guardian or
9 legal custodian to care for the minor without endangering
10 the minor's health or safety, and the court enters an
11 order that such parent, guardian or legal custodian is fit
12 to care for the minor.
13 (b) A minor found to be dependent under Section 2-4
14 may be (1) placed in accordance with Section 2-27 or (2)
15 ordered partially or completely emancipated in accordance
16 with the provisions of the Emancipation of Minors Act.
17 However, in any case in which a minor is found by the
18 court to be dependent under Section 2-4 of this Act,
19 custody of the minor shall not be restored to any parent,
20 guardian or legal custodian whose acts or omissions or
21 both have been identified, pursuant to subsection (1) of
22 Section 2-21, as forming the basis for the court's finding
23 of dependency, until such time as a hearing is held on the
24 issue of the fitness of such parent, guardian or legal
25 custodian to care for the minor without endangering the
26 minor's health or safety, and the court enters an order
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1 that such parent, guardian or legal custodian is fit to
2 care for the minor.
3 (b-1) A minor between the ages of 18 and 23 21 may be
4 placed pursuant to Section 2-27 of this Act if (1) the
5 court has granted a supplemental petition to reinstate
6 wardship of the minor pursuant to subsection (2) of
7 Section 2-33, (2) the court has adjudicated the minor a
8 ward of the court, permitted the minor to return home
9 under an order of protection, and subsequently made a
10 finding that it is in the minor's best interest to vacate
11 the order of protection and commit the minor to the
12 Department of Children and Family Services for care and
13 service, or (3) the court returned the minor to the
14 custody of the respondent under Section 2-4b of this Act
15 without terminating the proceedings under Section 2-31 of
16 this Act, and subsequently made a finding that it is in the
17 minor's best interest to commit the minor to the
18 Department of Children and Family Services for care and
19 services.
20 (c) When the court awards guardianship to the
21 Department of Children and Family Services, the court
22 shall order the parents to cooperate with the Department
23 of Children and Family Services, comply with the terms of
24 the service plans, and correct the conditions that require
25 the child to be in care, or risk termination of their
26 parental rights.
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1 (2) Any order of disposition may provide for protective
2 supervision under Section 2-24 and may include an order of
3 protection under Section 2-25.
4 Unless the order of disposition expressly so provides, it
5 does not operate to close proceedings on the pending petition,
6 but is subject to modification, not inconsistent with Section
7 2-28, until final closing and discharge of the proceedings
8 under Section 2-31.
9 (3) The court also shall enter any other orders necessary
10 to fulfill the service plan, including, but not limited to,
11 (i) orders requiring parties to cooperate with services, (ii)
12 restraining orders controlling the conduct of any party likely
13 to frustrate the achievement of the goal, and (iii) visiting
14 orders. When the child is placed separately from a sibling,
15 the court shall review the Sibling Contact Support Plan
16 developed under subsection (f) of Section 7.4 of the Children
17 and Family Services Act, if applicable. If the Department has
18 not convened a meeting to develop a Sibling Contact Support
19 Plan, or if the court finds that the existing Plan is not in
20 the child's best interest, the court may enter an order
21 requiring the Department to develop and implement a Sibling
22 Contact Support Plan under subsection (f) of Section 7.4 of
23 the Children and Family Services Act or order mediation.
24 Unless otherwise specifically authorized by law, the court is
25 not empowered under this subsection (3) to order specific
26 placements, specific services, or specific service providers
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1 to be included in the plan. If, after receiving evidence, the
2 court determines that the services contained in the plan are
3 not reasonably calculated to facilitate achievement of the
4 permanency goal, the court shall put in writing the factual
5 basis supporting the determination and enter specific findings
6 based on the evidence. The court also shall enter an order for
7 the Department to develop and implement a new service plan or
8 to implement changes to the current service plan consistent
9 with the court's findings. The new service plan shall be filed
10 with the court and served on all parties within 45 days after
11 the date of the order. The court shall continue the matter
12 until the new service plan is filed. Except as authorized by
13 subsection (3.5) of this Section or authorized by law, the
14 court is not empowered under this Section to order specific
15 placements, specific services, or specific service providers
16 to be included in the service plan.
17 (3.5) If, after reviewing the evidence, including evidence
18 from the Department, the court determines that the minor's
19 current or planned placement is not necessary or appropriate
20 to facilitate achievement of the permanency goal, the court
21 shall put in writing the factual basis supporting its
22 determination and enter specific findings based on the
23 evidence. If the court finds that the minor's current or
24 planned placement is not necessary or appropriate, the court
25 may enter an order directing the Department to implement a
26 recommendation by the minor's treating clinician or a
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1 clinician contracted by the Department to evaluate the minor
2 or a recommendation made by the Department. If the Department
3 places a minor in a placement under an order entered under this
4 subsection (3.5), the Department has the authority to remove
5 the minor from that placement when a change in circumstances
6 necessitates the removal to protect the minor's health,
7 safety, and best interest. If the Department determines
8 removal is necessary, the Department shall notify the parties
9 of the planned placement change in writing no later than 10
10 days prior to the implementation of its determination unless
11 remaining in the placement poses an imminent risk of harm to
12 the minor, in which case the Department shall notify the
13 parties of the placement change in writing immediately
14 following the implementation of its decision. The Department
15 shall notify others of the decision to change the minor's
16 placement as required by Department rule.
17 (4) In addition to any other order of disposition, the
18 court may order any minor adjudicated neglected with respect
19 to his or her own injurious behavior to make restitution, in
20 monetary or non-monetary form, under the terms and conditions
21 of Section 5-5-6 of the Unified Code of Corrections, except
22 that the "presentence hearing" referred to therein shall be
23 the dispositional hearing for purposes of this Section. The
24 parent, guardian or legal custodian of the minor may pay some
25 or all of such restitution on the minor's behalf.
26 (5) Any order for disposition where the minor is committed
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1 or placed in accordance with Section 2-27 shall provide for
2 the parents or guardian of the estate of such minor to pay to
3 the legal custodian or guardian of the person of the minor such
4 sums as are determined by the custodian or guardian of the
5 person of the minor as necessary for the minor's needs. Such
6 payments may not exceed the maximum amounts provided for by
7 Section 9.1 of the Children and Family Services Act.
8 (6) Whenever the order of disposition requires the minor
9 to attend school or participate in a program of training, the
10 truant officer or designated school official shall regularly
11 report to the court if the minor is a chronic or habitual
12 truant under Section 26-2a of the School Code.
13 (7) The court may terminate the parental rights of a
14 parent at the initial dispositional hearing if all of the
15 conditions in subsection (5) of Section 2-21 are met.
16 (Source: P.A. 101-79, eff. 7-12-19; 102-489, eff. 8-20-21.)
17 (705 ILCS 405/2-31) (from Ch. 37, par. 802-31)
18 Sec. 2-31. Duration of wardship and discharge of
19 proceedings.
20 (1) All proceedings under Article II of this Act in
21 respect of any minor automatically terminate upon his or her
22 attaining the age of 23 21 years.
23 (2) Whenever the court determines, and makes written
24 factual findings, that health, safety, and the best interests
25 of the minor and the public no longer require the wardship of
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1 the court, the court shall order the wardship terminated and
2 all proceedings under this Act respecting that minor finally
3 closed and discharged. The court may at the same time continue
4 or terminate any custodianship or guardianship theretofore
5 ordered but the termination must be made in compliance with
6 Section 2-28. When terminating wardship under this Section, if
7 the minor is over 18 or if wardship is terminated in
8 conjunction with an order partially or completely emancipating
9 the minor in accordance with the Emancipation of Minors Act,
10 the court shall also consider the following factors, in
11 addition to the health, safety, and best interest of the minor
12 and the public: (A) the minor's wishes regarding case closure;
13 (B) the manner in which the minor will maintain independence
14 without services from the Department; (C) the minor's
15 engagement in services including placement offered by the
16 Department; (D) if the minor is not engaged, the Department's
17 efforts to engage the minor; (E) the nature of communication
18 between the minor and the Department; (F) the minor's
19 involvement in other State systems or services; (G) the
20 minor's connections with family and other community support;
21 and (H) any other factor the court deems relevant. The minor's
22 lack of cooperation with services provided by the Department
23 of Children and Family Services shall not by itself be
24 considered sufficient evidence that the minor is prepared to
25 live independently and that it is in the best interest of the
26 minor to terminate wardship. It shall not be in the minor's
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1 best interest to terminate wardship of a minor over the age of
2 18 who is in the guardianship of the Department of Children and
3 Family Services if the Department has not made reasonable
4 efforts to ensure that the minor has documents necessary for
5 adult living as provided in Section 35.10 of the Children and
6 Family Services Act.
7 (3) The wardship of the minor and any custodianship or
8 guardianship respecting the minor for whom a petition was
9 filed after July 24, 1991 (the effective date of Public Act
10 87-14) automatically terminates when he attains the age of 19
11 years, except as set forth in subsection (1) of this Section.
12 The clerk of the court shall at that time record all
13 proceedings under this Act as finally closed and discharged
14 for that reason. The provisions of this subsection (3) become
15 inoperative on and after July 12, 2019 (the effective date of
16 Public Act 101-78).
17 (4) Notwithstanding any provision of law to the contrary,
18 the changes made by Public Act 101-78 apply to all cases that
19 are pending on or after July 12, 2019 (the effective date of
20 Public Act 101-78).
21 (Source: P.A. 101-78, eff. 7-12-19; 102-558, eff. 8-20-21.)
22 (705 ILCS 405/2-33)
23 Sec. 2-33. Supplemental petition to reinstate wardship.
24 (1) Any time prior to a minor's 18th birthday, pursuant to
25 a supplemental petition filed under this Section, the court
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1 may reinstate wardship and open a previously closed case when:
2 (a) wardship and guardianship under the Juvenile Court
3 Act of 1987 was vacated in conjunction with the
4 appointment of a private guardian under the Probate Act of
5 1975;
6 (b) the minor is not presently a ward of the court
7 under Article II of this Act nor is there a petition for
8 adjudication of wardship pending on behalf of the minor;
9 and
10 (c) it is in the minor's best interest that wardship
11 be reinstated.
12 (2) Any time prior to a minor's 23rd 21st birthday,
13 pursuant to a supplemental petition filed under this Section,
14 the court may reinstate wardship and open a previously closed
15 case when:
16 (a) wardship and guardianship under this Act was
17 vacated pursuant to:
18 (i) an order entered under subsection (2) of
19 Section 2-31 in the case of a minor over the age of 18;
20 (ii) closure of a case under subsection (2) of
21 Section 2-31 in the case of a minor under the age of 18
22 who has been partially or completely emancipated in
23 accordance with the Emancipation of Minors Act; or
24 (iii) an order entered under subsection (3) of
25 Section 2-31 based on the minor's attaining the age of
26 19 years before the effective date of this amendatory
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1 Act of the 101st General Assembly;
2 (b) the minor is not presently a ward of the court
3 under Article II of this Act nor is there a petition for
4 adjudication of wardship pending on behalf of the minor;
5 and
6 (c) it is in the minor's best interest that wardship
7 be reinstated.
8 (3) The supplemental petition must be filed in the same
9 proceeding in which the original adjudication order was
10 entered. Unless excused by court for good cause shown, the
11 petitioner shall give notice of the time and place of the
12 hearing on the supplemental petition, in person or by mail, to
13 the minor, if the minor is 14 years of age or older, and to the
14 parties to the juvenile court proceeding. Notice shall be
15 provided at least 3 court days in advance of the hearing date.
16 (3.5) Whenever a petition is filed to reinstate wardship
17 pursuant to subsection (1), prior to granting the petition,
18 the court may order the Department of Children and Family
19 Services to assess the minor's current and proposed living
20 arrangements and to provide ongoing monitoring of the health,
21 safety, and best interest of the minor during the pendency of
22 the petition to assist the court in making that determination.
23 (4) A minor who is the subject of a petition to reinstate
24 wardship under this Section shall be provided with
25 representation in accordance with Sections 1-5 and 2-17 of
26 this Act.
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1 (5) Whenever a minor is committed to the Department of
2 Children and Family Services for care and services following
3 the reinstatement of wardship under this Section, the
4 Department shall:
5 (a) Within 30 days of such commitment, prepare and
6 file with the court a case plan which complies with the
7 federal Adoption Assistance and Child Welfare Act of 1980
8 and is consistent with the health, safety and best
9 interests of the minor; and
10 (b) Promptly refer the minor for such services as are
11 necessary and consistent with the minor's health, safety
12 and best interests.
13 (Source: P.A. 101-78, eff. 7-12-19; 102-489, eff. 8-20-21.)
14 (705 ILCS 405/2-34)
15 Sec. 2-34. Motion to reinstate parental rights.
16 (1) For purposes of this subsection (1), the term "parent"
17 refers to the person or persons whose rights were terminated
18 as described in paragraph (a) of this subsection; and the term
19 "minor" means a person under the age of 23 21 years subject to
20 this Act for whom the Department of Children and Family
21 Services Guardianship Administrator is appointed the temporary
22 custodian or guardian.
23 A motion to reinstate parental rights may be filed only by
24 the Department of Children and Family Services or the minor
25 regarding any minor who is presently a ward of the court under
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1 Article II of this Act when all the conditions set out in
2 paragraphs (a), (b), (c), (d), (e), (f), and (g) of this
3 subsection (1) are met:
4 (a) while the minor was under the jurisdiction of the
5 court under Article II of this Act, the minor's parent or
6 parents surrendered the minor for adoption to an agency
7 legally authorized to place children for adoption, or the
8 minor's parent or parents consented to his or her
9 adoption, or the minor's parent or parents consented to
10 his or her adoption by a specified person or persons, or
11 the parent or parents' rights were terminated pursuant to
12 a finding of unfitness pursuant to Section 2-29 of this
13 Act and a guardian was appointed with the power to consent
14 to adoption pursuant to Section 2-29 of this Act; and
15 (b) (i) since the signing of the surrender, the
16 signing of the consent, or the unfitness finding, the
17 minor has remained a ward of the Court under Article II of
18 this Act; or
19 (ii) the minor was made a ward of the Court, the minor
20 was placed in the private guardianship of an individual or
21 individuals, and after the appointment of a private
22 guardian and a new petition alleging abuse, neglect, or
23 dependency pursuant to Section 2-3 or 2-4 is filed, and
24 the minor is again found by the court to be abused,
25 neglected or dependent; or a supplemental petition to
26 reinstate wardship is filed pursuant to Section 2-33, and
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1 the court reinstates wardship; or
2 (iii) the minor was made a ward of the Court, wardship
3 was terminated after the minor was adopted, after the
4 adoption a new petition alleging abuse, neglect, or
5 dependency pursuant to Section 2-3 or 2-4 is filed, and
6 the minor is again found by the court to be abused,
7 neglected, or dependent, and either (i) the adoptive
8 parent or parents are deceased, (ii) the adoptive parent
9 or parents signed a surrender of parental rights, or (iii)
10 the parental rights of the adoptive parent or parents were
11 terminated;
12 (c) the minor is not currently in a placement likely
13 to achieve permanency;
14 (d) it is in the minor's best interest that parental
15 rights be reinstated;
16 (e) the parent named in the motion wishes parental
17 rights to be reinstated and is currently appropriate to
18 have rights reinstated;
19 (f) more than 3 years have lapsed since the signing of
20 the consent or surrender, or the entry of the order
21 appointing a guardian with the power to consent to
22 adoption;
23 (g) (i) the child is 13 years of age or older or (ii)
24 the child is the younger sibling of such child, 13 years of
25 age or older, for whom reinstatement of parental rights is
26 being sought and the younger sibling independently meets
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1 the criteria set forth in paragraphs (a) through (h) of
2 this subsection; and
3 (h) if the court has previously denied a motion to
4 reinstate parental rights filed by the Department, there
5 has been a substantial change in circumstances following
6 the denial of the earlier motion.
7 (2) The motion may be filed only by the Department of
8 Children and Family Services or by the minor. Unless excused
9 by the court for good cause shown, the movant shall give notice
10 of the time and place of the hearing on the motion, in person
11 or by mail, to the parties to the juvenile court proceeding.
12 Notice shall be provided at least 14 days in advance of the
13 hearing date. The motion shall include the allegations
14 required in subsection (1) of this Section.
15 (3) Any party may file a motion to dismiss the motion with
16 prejudice on the basis that the parent has intentionally acted
17 to prevent the child from being adopted, after parental rights
18 were terminated or the parent intentionally acted to disrupt
19 the child's adoption. If the court finds by a preponderance of
20 the evidence that the parent has intentionally acted to
21 prevent the child from being adopted, after parental rights
22 were terminated or that the parent intentionally acted to
23 disrupt the child's adoption, the court shall dismiss the
24 petition with prejudice.
25 (4) The court shall not grant a motion for reinstatement
26 of parental rights unless the court finds that the motion is
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1 supported by clear and convincing evidence. In ruling on a
2 motion to reinstate parental rights, the court shall make
3 findings consistent with the requirements in subsection (1) of
4 this Section. The court shall consider the reasons why the
5 child was initially brought to the attention of the court, the
6 history of the child's case as it relates to the parent seeking
7 reinstatement, and the current circumstances of the parent for
8 whom reinstatement of rights is sought. If reinstatement is
9 being considered subsequent to a finding of unfitness pursuant
10 to Section 2-29 of this Act having been entered with respect to
11 the parent whose rights are being restored, the court in
12 determining the minor's best interest shall consider, in
13 addition to the factors set forth in paragraph (4.05) of
14 Section 1-3 of this Act, the specific grounds upon which the
15 unfitness findings were made. Upon the entry of an order
16 granting a motion to reinstate parental rights, parental
17 rights of the parent named in the order shall be reinstated,
18 any previous order appointing a guardian with the power to
19 consent to adoption shall be void and with respect to the
20 parent named in the order, any consent shall be void.
21 (5) If the case is post-disposition, the court, upon the
22 entry of an order granting a motion to reinstate parental
23 rights, shall schedule the matter for a permanency hearing
24 pursuant to Section 2-28 of this Act within 45 days.
25 (6) Custody of the minor shall not be restored to the
26 parent, except by order of court pursuant to subsection (4) of
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1 Section 2-28 of this Act.
2 (7) In any case involving a child over the age of 13 who
3 meets the criteria established in this Section for
4 reinstatement of parental rights, the Department of Children
5 and Family Services shall conduct an assessment of the child's
6 circumstances to assist in future planning for the child,
7 including, but not limited to a determination regarding the
8 appropriateness of filing a motion to reinstate parental
9 rights.
10 (8) (Blank).
11 (Source: P.A. 98-477, eff. 8-16-13.)
12 Section 99. Effective date. This Act takes effect July 1,
13 2025.
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