Illinois 2023-2024 Regular Session

Illinois House Bill HB3705 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0050
2	1		HB3705 EnrolledLRB103 24994 KTG 51328 b HB3705 Enrolled LRB103 24994 KTG 51328 b
3	2		HB3705 Enrolled LRB103 24994 KTG 51328 b
4		-	AN ACT concerning State government.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 1. The Children and Family Services Act is amended
8		-	by changing Section 5 as follows:
9		-	(20 ILCS 505/5) (from Ch. 23, par. 5005)
10		-	Sec. 5. Direct child welfare services; Department of
11		-	Children and Family Services. To provide direct child welfare
12		-	services when not available through other public or private
13		-	child care or program facilities.
14		-	(a) For purposes of this Section:
15		-	(1) "Children" means persons found within the State
16		-	who are under the age of 18 years. The term also includes
17		-	persons under age 21 who:
18		-	(A) were committed to the Department pursuant to
19		-	the Juvenile Court Act or the Juvenile Court Act of
20		-	1987 and who continue under the jurisdiction of the
21		-	court; or
22		-	(B) were accepted for care, service and training
23		-	by the Department prior to the age of 18 and whose best
24		-	interest in the discretion of the Department would be
25		-	served by continuing that care, service and training
26		-	because of severe emotional disturbances, physical
	3	+	1 AN ACT concerning State government.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 1. The Children and Family Services Act is amended
	7	+	5 by changing Section 5 as follows:
	8	+	6 (20 ILCS 505/5) (from Ch. 23, par. 5005)
	9	+	7 Sec. 5. Direct child welfare services; Department of
	10	+	8 Children and Family Services. To provide direct child welfare
	11	+	9 services when not available through other public or private
	12	+	10 child care or program facilities.
	13	+	11 (a) For purposes of this Section:
	14	+	12 (1) "Children" means persons found within the State
	15	+	13 who are under the age of 18 years. The term also includes
	16	+	14 persons under age 21 who:
	17	+	15 (A) were committed to the Department pursuant to
	18	+	16 the Juvenile Court Act or the Juvenile Court Act of
	19	+	17 1987 and who continue under the jurisdiction of the
	20	+	18 court; or
	21	+	19 (B) were accepted for care, service and training
	22	+	20 by the Department prior to the age of 18 and whose best
	23	+	21 interest in the discretion of the Department would be
	24	+	22 served by continuing that care, service and training
	25	+	23 because of severe emotional disturbances, physical
27	26
28	27
29	28
30	29		HB3705 Enrolled LRB103 24994 KTG 51328 b
31	30
32	31
33		-	disability, social adjustment or any combination
34		-	thereof, or because of the need to complete an
35		-	educational or vocational training program.
36		-	(2) "Homeless youth" means persons found within the
37		-	State who are under the age of 19, are not in a safe and
38		-	stable living situation and cannot be reunited with their
39		-	families.
40		-	(3) "Child welfare services" means public social
41		-	services which are directed toward the accomplishment of
42		-	the following purposes:
43		-	(A) protecting and promoting the health, safety
44		-	and welfare of children, including homeless,
45		-	dependent, or neglected children;
46		-	(B) remedying, or assisting in the solution of
47		-	problems which may result in, the neglect, abuse,
48		-	exploitation, or delinquency of children;
49		-	(C) preventing the unnecessary separation of
50		-	children from their families by identifying family
51		-	problems, assisting families in resolving their
52		-	problems, and preventing the breakup of the family
53		-	where the prevention of child removal is desirable and
54		-	possible when the child can be cared for at home
55		-	without endangering the child's health and safety;
56		-	(D) restoring to their families children who have
57		-	been removed, by the provision of services to the
58		-	child and the families when the child can be cared for
	32	+	HB3705 Enrolled- 2 -LRB103 24994 KTG 51328 b HB3705 Enrolled - 2 - LRB103 24994 KTG 51328 b
	33	+	HB3705 Enrolled - 2 - LRB103 24994 KTG 51328 b
	34	+	1 disability, social adjustment or any combination
	35	+	2 thereof, or because of the need to complete an
	36	+	3 educational or vocational training program.
	37	+	4 (2) "Homeless youth" means persons found within the
	38	+	5 State who are under the age of 19, are not in a safe and
	39	+	6 stable living situation and cannot be reunited with their
	40	+	7 families.
	41	+	8 (3) "Child welfare services" means public social
	42	+	9 services which are directed toward the accomplishment of
	43	+	10 the following purposes:
	44	+	11 (A) protecting and promoting the health, safety
	45	+	12 and welfare of children, including homeless,
	46	+	13 dependent, or neglected children;
	47	+	14 (B) remedying, or assisting in the solution of
	48	+	15 problems which may result in, the neglect, abuse,
	49	+	16 exploitation, or delinquency of children;
	50	+	17 (C) preventing the unnecessary separation of
	51	+	18 children from their families by identifying family
	52	+	19 problems, assisting families in resolving their
	53	+	20 problems, and preventing the breakup of the family
	54	+	21 where the prevention of child removal is desirable and
	55	+	22 possible when the child can be cared for at home
	56	+	23 without endangering the child's health and safety;
	57	+	24 (D) restoring to their families children who have
	58	+	25 been removed, by the provision of services to the
	59	+	26 child and the families when the child can be cared for
59	60
60	61
61		-	at home without endangering the child's health and
62		-	safety;
63		-	(E) placing children in suitable permanent family
64		-	arrangements, through guardianship or adoption
65		-	adoptive homes, in cases where restoration to the
66		-	biological family is not safe, possible, or
67		-	appropriate;
68		-	(F) at assuring safe and adequate care of children
69		-	away from their homes, in cases where the child cannot
70		-	be returned home or cannot be placed for adoption. At
71		-	the time of placement, conducting the Department shall
72		-	consider concurrent planning, as described in
73		-	subsection (l-1) of this Section so that permanency
74		-	may occur at the earliest opportunity. Consideration
75		-	should be given so that if reunification fails or is
76		-	delayed, the placement made is the best available
77		-	placement to provide permanency for the child;
78		-	(G) (blank);
79		-	(H) (blank); and
80		-	(I) placing and maintaining children in facilities
81		-	that provide separate living quarters for children
82		-	under the age of 18 and for children 18 years of age
83		-	and older, unless a child 18 years of age is in the
84		-	last year of high school education or vocational
85		-	training, in an approved individual or group treatment
86		-	program, in a licensed shelter facility, or secure
87	62
88	63
89		-	child care facility. The Department is not required to
90		-	place or maintain children:
91		-	(i) who are in a foster home, or
92		-	(ii) who are persons with a developmental
93		-	disability, as defined in the Mental Health and
94		-	Developmental Disabilities Code, or
95		-	(iii) who are female children who are
96		-	pregnant, pregnant and parenting, or parenting, or
97		-	(iv) who are siblings, in facilities that
98		-	provide separate living quarters for children 18
99		-	years of age and older and for children under 18
100		-	years of age.
101		-	(b) (Blank).
102		-	(c) The Department shall establish and maintain
103		-	tax-supported child welfare services and extend and seek to
104		-	improve voluntary services throughout the State, to the end
105		-	that services and care shall be available on an equal basis
106		-	throughout the State to children requiring such services.
107		-	(d) The Director may authorize advance disbursements for
108		-	any new program initiative to any agency contracting with the
109		-	Department. As a prerequisite for an advance disbursement, the
110		-	contractor must post a surety bond in the amount of the advance
111		-	disbursement and have a purchase of service contract approved
112		-	by the Department. The Department may pay up to 2 months
113		-	operational expenses in advance. The amount of the advance
114		-	disbursement shall be prorated over the life of the contract
	64	+
	65	+	HB3705 Enrolled - 2 - LRB103 24994 KTG 51328 b
115	66
116	67
117		-	or the remaining months of the fiscal year, whichever is less,
118		-	and the installment amount shall then be deducted from future
119		-	bills. Advance disbursement authorizations for new initiatives
120		-	shall not be made to any agency after that agency has operated
121		-	during 2 consecutive fiscal years. The requirements of this
122		-	Section concerning advance disbursements shall not apply with
123		-	respect to the following: payments to local public agencies
124		-	for child day care services as authorized by Section 5a of this
125		-	Act; and youth service programs receiving grant funds under
126		-	Section 17a-4.
127		-	(e) (Blank).
128		-	(f) (Blank).
129		-	(g) The Department shall establish rules and regulations
130		-	concerning its operation of programs designed to meet the
131		-	goals of child safety and protection, family preservation,
132		-	family reunification, and adoption, including, but not limited
133		-	to:
134		-	(1) adoption;
135		-	(2) foster care;
136		-	(3) family counseling;
137		-	(4) protective services;
138		-	(5) (blank);
139		-	(6) homemaker service;
140		-	(7) return of runaway children;
141		-	(8) (blank);
142		-	(9) placement under Section 5-7 of the Juvenile Court
	68	+	HB3705 Enrolled- 3 -LRB103 24994 KTG 51328 b HB3705 Enrolled - 3 - LRB103 24994 KTG 51328 b
	69	+	HB3705 Enrolled - 3 - LRB103 24994 KTG 51328 b
	70	+	1 at home without endangering the child's health and
	71	+	2 safety;
	72	+	3 (E) placing children in suitable permanent family
	73	+	4 arrangements, through guardianship or adoption
	74	+	5 adoptive homes, in cases where restoration to the
	75	+	6 biological family is not safe, possible, or
	76	+	7 appropriate;
	77	+	8 (F) at assuring safe and adequate care of children
	78	+	9 away from their homes, in cases where the child cannot
	79	+	10 be returned home or cannot be placed for adoption. At
	80	+	11 the time of placement, conducting the Department shall
	81	+	12 consider concurrent planning, as described in
	82	+	13 subsection (l-1) of this Section so that permanency
	83	+	14 may occur at the earliest opportunity. Consideration
	84	+	15 should be given so that if reunification fails or is
	85	+	16 delayed, the placement made is the best available
	86	+	17 placement to provide permanency for the child;
	87	+	18 (G) (blank);
	88	+	19 (H) (blank); and
	89	+	20 (I) placing and maintaining children in facilities
	90	+	21 that provide separate living quarters for children
	91	+	22 under the age of 18 and for children 18 years of age
	92	+	23 and older, unless a child 18 years of age is in the
	93	+	24 last year of high school education or vocational
	94	+	25 training, in an approved individual or group treatment
	95	+	26 program, in a licensed shelter facility, or secure
143	96
144	97
145		-	Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
146		-	Court Act of 1987 in accordance with the federal Adoption
147		-	Assistance and Child Welfare Act of 1980; and
148		-	(10) interstate services.
149		-	Rules and regulations established by the Department shall
150		-	include provisions for training Department staff and the staff
151		-	of Department grantees, through contracts with other agencies
152		-	or resources, in screening techniques to identify substance
153		-	use disorders, as defined in the Substance Use Disorder Act,
154		-	approved by the Department of Human Services, as a successor
155		-	to the Department of Alcoholism and Substance Abuse, for the
156		-	purpose of identifying children and adults who should be
157		-	referred for an assessment at an organization appropriately
158		-	licensed by the Department of Human Services for substance use
159		-	disorder treatment.
160		-	(h) If the Department finds that there is no appropriate
161		-	program or facility within or available to the Department for
162		-	a youth in care and that no licensed private facility has an
163		-	adequate and appropriate program or none agrees to accept the
164		-	youth in care, the Department shall create an appropriate
165		-	individualized, program-oriented plan for such youth in care.
166		-	The plan may be developed within the Department or through
167		-	purchase of services by the Department to the extent that it is
168		-	within its statutory authority to do.
169		-	(i) Service programs shall be available throughout the
170		-	State and shall include but not be limited to the following
171	98
172	99
173		-	services:
174		-	(1) case management;
175		-	(2) homemakers;
176		-	(3) counseling;
177		-	(4) parent education;
178		-	(5) day care; and
179		-	(6) emergency assistance and advocacy.
180		-	In addition, the following services may be made available
181		-	to assess and meet the needs of children and families:
182		-	(1) comprehensive family-based services;
183		-	(2) assessments;
184		-	(3) respite care; and
185		-	(4) in-home health services.
186		-	The Department shall provide transportation for any of the
187		-	services it makes available to children or families or for
188		-	which it refers children or families.
189		-	(j) The Department may provide categories of financial
190		-	assistance and education assistance grants, and shall
191		-	establish rules and regulations concerning the assistance and
192		-	grants, to persons who adopt children with physical or mental
193		-	disabilities, children who are older, or other hard-to-place
194		-	children who (i) immediately prior to their adoption were
195		-	youth in care or (ii) were determined eligible for financial
196		-	assistance with respect to a prior adoption and who become
197		-	available for adoption because the prior adoption has been
198		-	dissolved and the parental rights of the adoptive parents have
	100	+
	101	+	HB3705 Enrolled - 3 - LRB103 24994 KTG 51328 b
199	102
200	103
201		-	been terminated or because the child's adoptive parents have
202		-	died. The Department may continue to provide financial
203		-	assistance and education assistance grants for a child who was
204		-	determined eligible for financial assistance under this
205		-	subsection (j) in the interim period beginning when the
206		-	child's adoptive parents died and ending with the finalization
207		-	of the new adoption of the child by another adoptive parent or
208		-	parents. The Department may also provide categories of
209		-	financial assistance and education assistance grants, and
210		-	shall establish rules and regulations for the assistance and
211		-	grants, to persons appointed guardian of the person under
212		-	Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
213		-	4-25, or 5-740 of the Juvenile Court Act of 1987 for children
214		-	who were youth in care for 12 months immediately prior to the
215		-	appointment of the guardian.
216		-	The amount of assistance may vary, depending upon the
217		-	needs of the child and the adoptive parents, as set forth in
218		-	the annual assistance agreement. Special purpose grants are
219		-	allowed where the child requires special service but such
220		-	costs may not exceed the amounts which similar services would
221		-	cost the Department if it were to provide or secure them as
222		-	guardian of the child.
223		-	Any financial assistance provided under this subsection is
224		-	inalienable by assignment, sale, execution, attachment,
225		-	garnishment, or any other remedy for recovery or collection of
226		-	a judgment or debt.
	104	+	HB3705 Enrolled- 4 -LRB103 24994 KTG 51328 b HB3705 Enrolled - 4 - LRB103 24994 KTG 51328 b
	105	+	HB3705 Enrolled - 4 - LRB103 24994 KTG 51328 b
	106	+	1 child care facility. The Department is not required to
	107	+	2 place or maintain children:
	108	+	3 (i) who are in a foster home, or
	109	+	4 (ii) who are persons with a developmental
	110	+	5 disability, as defined in the Mental Health and
	111	+	6 Developmental Disabilities Code, or
	112	+	7 (iii) who are female children who are
	113	+	8 pregnant, pregnant and parenting, or parenting, or
	114	+	9 (iv) who are siblings, in facilities that
	115	+	10 provide separate living quarters for children 18
	116	+	11 years of age and older and for children under 18
	117	+	12 years of age.
	118	+	13 (b) (Blank).
	119	+	14 (c) The Department shall establish and maintain
	120	+	15 tax-supported child welfare services and extend and seek to
	121	+	16 improve voluntary services throughout the State, to the end
	122	+	17 that services and care shall be available on an equal basis
	123	+	18 throughout the State to children requiring such services.
	124	+	19 (d) The Director may authorize advance disbursements for
	125	+	20 any new program initiative to any agency contracting with the
	126	+	21 Department. As a prerequisite for an advance disbursement, the
	127	+	22 contractor must post a surety bond in the amount of the advance
	128	+	23 disbursement and have a purchase of service contract approved
	129	+	24 by the Department. The Department may pay up to 2 months
	130	+	25 operational expenses in advance. The amount of the advance
	131	+	26 disbursement shall be prorated over the life of the contract
227	132
228	133
229		-	(j-5) The Department shall not deny or delay the placement
230		-	of a child for adoption if an approved family is available
231		-	either outside of the Department region handling the case, or
232		-	outside of the State of Illinois.
233		-	(k) The Department shall accept for care and training any
234		-	child who has been adjudicated neglected or abused, or
235		-	dependent committed to it pursuant to the Juvenile Court Act
236		-	or the Juvenile Court Act of 1987.
237		-	(l) The Department shall offer family preservation
238		-	services, as defined in Section 8.2 of the Abused and
239		-	Neglected Child Reporting Act, to help families, including
240		-	adoptive and extended families. Family preservation services
241		-	shall be offered (i) to prevent the placement of children in
242		-	substitute care when the children can be cared for at home or
243		-	in the custody of the person responsible for the children's
244		-	welfare, (ii) to reunite children with their families, or
245		-	(iii) to maintain an adoptive placement. Family preservation
246		-	services shall only be offered when doing so will not endanger
247		-	the children's health or safety. With respect to children who
248		-	are in substitute care pursuant to the Juvenile Court Act of
249		-	1987, family preservation services shall not be offered if a
250		-	goal other than those of subdivisions (A), (B), or (B-1) of
251		-	subsection (2) of Section 2-28 of that Act has been set, except
252		-	that reunification services may be offered as provided in
253		-	paragraph (F) of subsection (2) of Section 2-28 of that Act.
254		-	Nothing in this paragraph shall be construed to create a
255	134
256	135
257		-	private right of action or claim on the part of any individual
258		-	or child welfare agency, except that when a child is the
259		-	subject of an action under Article II of the Juvenile Court Act
260		-	of 1987 and the child's service plan calls for services to
261		-	facilitate achievement of the permanency goal, the court
262		-	hearing the action under Article II of the Juvenile Court Act
263		-	of 1987 may order the Department to provide the services set
264		-	out in the plan, if those services are not provided with
265		-	reasonable promptness and if those services are available.
266		-	The Department shall notify the child and his family of
267		-	the Department's responsibility to offer and provide family
268		-	preservation services as identified in the service plan. The
269		-	child and his family shall be eligible for services as soon as
270		-	the report is determined to be "indicated". The Department may
271		-	offer services to any child or family with respect to whom a
272		-	report of suspected child abuse or neglect has been filed,
273		-	prior to concluding its investigation under Section 7.12 of
274		-	the Abused and Neglected Child Reporting Act. However, the
275		-	child's or family's willingness to accept services shall not
276		-	be considered in the investigation. The Department may also
277		-	provide services to any child or family who is the subject of
278		-	any report of suspected child abuse or neglect or may refer
279		-	such child or family to services available from other agencies
280		-	in the community, even if the report is determined to be
281		-	unfounded, if the conditions in the child's or family's home
282		-	are reasonably likely to subject the child or family to future
	136	+
	137	+	HB3705 Enrolled - 4 - LRB103 24994 KTG 51328 b
283	138
284	139
285		-	reports of suspected child abuse or neglect. Acceptance of
286		-	such services shall be voluntary. The Department may also
287		-	provide services to any child or family after completion of a
288		-	family assessment, as an alternative to an investigation, as
289		-	provided under the "differential response program" provided
290		-	for in subsection (a-5) of Section 7.4 of the Abused and
291		-	Neglected Child Reporting Act.
292		-	The Department may, at its discretion except for those
293		-	children also adjudicated neglected or dependent, accept for
294		-	care and training any child who has been adjudicated addicted,
295		-	as a truant minor in need of supervision or as a minor
296		-	requiring authoritative intervention, under the Juvenile Court
297		-	Act or the Juvenile Court Act of 1987, but no such child shall
298		-	be committed to the Department by any court without the
299		-	approval of the Department. On and after January 1, 2015 (the
300		-	effective date of Public Act 98-803) and before January 1,
301		-	2017, a minor charged with a criminal offense under the
302		-	Criminal Code of 1961 or the Criminal Code of 2012 or
303		-	adjudicated delinquent shall not be placed in the custody of
304		-	or committed to the Department by any court, except (i) a minor
305		-	less than 16 years of age committed to the Department under
306		-	Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
307		-	for whom an independent basis of abuse, neglect, or dependency
308		-	exists, which must be defined by departmental rule, or (iii) a
309		-	minor for whom the court has granted a supplemental petition
310		-	to reinstate wardship pursuant to subsection (2) of Section
	140	+	HB3705 Enrolled- 5 -LRB103 24994 KTG 51328 b HB3705 Enrolled - 5 - LRB103 24994 KTG 51328 b
	141	+	HB3705 Enrolled - 5 - LRB103 24994 KTG 51328 b
	142	+	1 or the remaining months of the fiscal year, whichever is less,
	143	+	2 and the installment amount shall then be deducted from future
	144	+	3 bills. Advance disbursement authorizations for new initiatives
	145	+	4 shall not be made to any agency after that agency has operated
	146	+	5 during 2 consecutive fiscal years. The requirements of this
	147	+	6 Section concerning advance disbursements shall not apply with
	148	+	7 respect to the following: payments to local public agencies
	149	+	8 for child day care services as authorized by Section 5a of this
	150	+	9 Act; and youth service programs receiving grant funds under
	151	+	10 Section 17a-4.
	152	+	11 (e) (Blank).
	153	+	12 (f) (Blank).
	154	+	13 (g) The Department shall establish rules and regulations
	155	+	14 concerning its operation of programs designed to meet the
	156	+	15 goals of child safety and protection, family preservation,
	157	+	16 family reunification, and adoption, including, but not limited
	158	+	17 to:
	159	+	18 (1) adoption;
	160	+	19 (2) foster care;
	161	+	20 (3) family counseling;
	162	+	21 (4) protective services;
	163	+	22 (5) (blank);
	164	+	23 (6) homemaker service;
	165	+	24 (7) return of runaway children;
	166	+	25 (8) (blank);
	167	+	26 (9) placement under Section 5-7 of the Juvenile Court
311	168
312	169
313		-	2-33 of the Juvenile Court Act of 1987. On and after January 1,
314		-	2017, a minor charged with a criminal offense under the
315		-	Criminal Code of 1961 or the Criminal Code of 2012 or
316		-	adjudicated delinquent shall not be placed in the custody of
317		-	or committed to the Department by any court, except (i) a minor
318		-	less than 15 years of age committed to the Department under
319		-	Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
320		-	for whom an independent basis of abuse, neglect, or dependency
321		-	exists, which must be defined by departmental rule, or (iii) a
322		-	minor for whom the court has granted a supplemental petition
323		-	to reinstate wardship pursuant to subsection (2) of Section
324		-	2-33 of the Juvenile Court Act of 1987. An independent basis
325		-	exists when the allegations or adjudication of abuse, neglect,
326		-	or dependency do not arise from the same facts, incident, or
327		-	circumstances which give rise to a charge or adjudication of
328		-	delinquency. The Department shall assign a caseworker to
329		-	attend any hearing involving a youth in the care and custody of
330		-	the Department who is placed on aftercare release, including
331		-	hearings involving sanctions for violation of aftercare
332		-	release conditions and aftercare release revocation hearings.
333		-	As soon as is possible after August 7, 2009 (the effective
334		-	date of Public Act 96-134), the Department shall develop and
335		-	implement a special program of family preservation services to
336		-	support intact, foster, and adoptive families who are
337		-	experiencing extreme hardships due to the difficulty and
338		-	stress of caring for a child who has been diagnosed with a
339	170
340	171
341		-	pervasive developmental disorder if the Department determines
342		-	that those services are necessary to ensure the health and
343		-	safety of the child. The Department may offer services to any
344		-	family whether or not a report has been filed under the Abused
345		-	and Neglected Child Reporting Act. The Department may refer
346		-	the child or family to services available from other agencies
347		-	in the community if the conditions in the child's or family's
348		-	home are reasonably likely to subject the child or family to
349		-	future reports of suspected child abuse or neglect. Acceptance
350		-	of these services shall be voluntary. The Department shall
351		-	develop and implement a public information campaign to alert
352		-	health and social service providers and the general public
353		-	about these special family preservation services. The nature
354		-	and scope of the services offered and the number of families
355		-	served under the special program implemented under this
356		-	paragraph shall be determined by the level of funding that the
357		-	Department annually allocates for this purpose. The term
358		-	"pervasive developmental disorder" under this paragraph means
359		-	a neurological condition, including, but not limited to,
360		-	Asperger's Syndrome and autism, as defined in the most recent
361		-	edition of the Diagnostic and Statistical Manual of Mental
362		-	Disorders of the American Psychiatric Association.
363		-	(l-1) The legislature recognizes that the best interests
364		-	of the child require that the child be placed in the most
365		-	permanent living arrangement as soon as is practically
366		-	possible. To achieve this goal, the legislature directs the
	172	+
	173	+	HB3705 Enrolled - 5 - LRB103 24994 KTG 51328 b
367	174
368	175
369		-	Department of Children and Family Services to conduct
370		-	concurrent planning so that permanency may occur at the
371		-	earliest opportunity. Permanent living arrangements may
372		-	include prevention of placement of a child outside the home of
373		-	the family when the child can be cared for at home without
374		-	endangering the child's health or safety; reunification with
375		-	the family, when safe and appropriate, if temporary placement
376		-	is necessary; or movement of the child toward the most
377		-	permanent living arrangement and permanent legal status.
378		-	When determining reasonable efforts to be made with
379		-	respect to a child, as described in this subsection, and in
380		-	making such reasonable efforts, the child's health and safety
381		-	shall be the paramount concern.
382		-	When a child is placed in foster care, the Department
383		-	shall ensure and document that reasonable efforts were made to
384		-	prevent or eliminate the need to remove the child from the
385		-	child's home. The Department must make reasonable efforts to
386		-	reunify the family when temporary placement of the child
387		-	occurs unless otherwise required, pursuant to the Juvenile
388		-	Court Act of 1987. At any time after the dispositional hearing
389		-	where the Department believes that further reunification
390		-	services would be ineffective, it may request a finding from
391		-	the court that reasonable efforts are no longer appropriate.
392		-	The Department is not required to provide further
393		-	reunification services after such a finding.
394		-	A decision to place a child in substitute care shall be
	176	+	HB3705 Enrolled- 6 -LRB103 24994 KTG 51328 b HB3705 Enrolled - 6 - LRB103 24994 KTG 51328 b
	177	+	HB3705 Enrolled - 6 - LRB103 24994 KTG 51328 b
	178	+	1 Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
	179	+	2 Court Act of 1987 in accordance with the federal Adoption
	180	+	3 Assistance and Child Welfare Act of 1980; and
	181	+	4 (10) interstate services.
	182	+	5 Rules and regulations established by the Department shall
	183	+	6 include provisions for training Department staff and the staff
	184	+	7 of Department grantees, through contracts with other agencies
	185	+	8 or resources, in screening techniques to identify substance
	186	+	9 use disorders, as defined in the Substance Use Disorder Act,
	187	+	10 approved by the Department of Human Services, as a successor
	188	+	11 to the Department of Alcoholism and Substance Abuse, for the
	189	+	12 purpose of identifying children and adults who should be
	190	+	13 referred for an assessment at an organization appropriately
	191	+	14 licensed by the Department of Human Services for substance use
	192	+	15 disorder treatment.
	193	+	16 (h) If the Department finds that there is no appropriate
	194	+	17 program or facility within or available to the Department for
	195	+	18 a youth in care and that no licensed private facility has an
	196	+	19 adequate and appropriate program or none agrees to accept the
	197	+	20 youth in care, the Department shall create an appropriate
	198	+	21 individualized, program-oriented plan for such youth in care.
	199	+	22 The plan may be developed within the Department or through
	200	+	23 purchase of services by the Department to the extent that it is
	201	+	24 within its statutory authority to do.
	202	+	25 (i) Service programs shall be available throughout the
	203	+	26 State and shall include but not be limited to the following
395	204
396	205
397		-	made with considerations of the child's health, safety, and
398		-	best interests. At the time of placement, consideration should
399		-	also be given so that if reunification fails or is delayed, the
400		-	placement made is the best available placement to provide
401		-	permanency for the child.
402		-	The Department shall adopt rules addressing concurrent
403		-	planning for reunification and permanency. The Department
404		-	shall consider the following factors when determining
405		-	appropriateness of concurrent planning:
406		-	(1) the likelihood of prompt reunification;
407		-	(2) the past history of the family;
408		-	(3) the barriers to reunification being addressed by
409		-	the family;
410		-	(4) the level of cooperation of the family;
411		-	(5) the foster parents' willingness to work with the
412		-	family to reunite;
413		-	(6) the willingness and ability of the foster family
414		-	to provide an adoptive home or long-term placement;
415		-	(7) the age of the child;
416		-	(8) placement of siblings.
417		-	(m) The Department may assume temporary custody of any
418		-	child if:
419		-	(1) it has received a written consent to such
420		-	temporary custody signed by the parents of the child or by
421		-	the parent having custody of the child if the parents are
422		-	not living together or by the guardian or custodian of the
423	206
424	207
425		-	child if the child is not in the custody of either parent,
426		-	or
427		-	(2) the child is found in the State and neither a
428		-	parent, guardian nor custodian of the child can be
429		-	located.
430		-	If the child is found in his or her residence without a parent,
431		-	guardian, custodian, or responsible caretaker, the Department
432		-	may, instead of removing the child and assuming temporary
433		-	custody, place an authorized representative of the Department
434		-	in that residence until such time as a parent, guardian, or
435		-	custodian enters the home and expresses a willingness and
436		-	apparent ability to ensure the child's health and safety and
437		-	resume permanent charge of the child, or until a relative
438		-	enters the home and is willing and able to ensure the child's
439		-	health and safety and assume charge of the child until a
440		-	parent, guardian, or custodian enters the home and expresses
441		-	such willingness and ability to ensure the child's safety and
442		-	resume permanent charge. After a caretaker has remained in the
443		-	home for a period not to exceed 12 hours, the Department must
444		-	follow those procedures outlined in Section 2-9, 3-11, 4-8, or
445		-	5-415 of the Juvenile Court Act of 1987.
446		-	The Department shall have the authority, responsibilities
447		-	and duties that a legal custodian of the child would have
448		-	pursuant to subsection (9) of Section 1-3 of the Juvenile
449		-	Court Act of 1987. Whenever a child is taken into temporary
450		-	custody pursuant to an investigation under the Abused and
	208	+
	209	+	HB3705 Enrolled - 6 - LRB103 24994 KTG 51328 b
451	210
452	211
453		-	Neglected Child Reporting Act, or pursuant to a referral and
454		-	acceptance under the Juvenile Court Act of 1987 of a minor in
455		-	limited custody, the Department, during the period of
456		-	temporary custody and before the child is brought before a
457		-	judicial officer as required by Section 2-9, 3-11, 4-8, or
458		-	5-415 of the Juvenile Court Act of 1987, shall have the
459		-	authority, responsibilities and duties that a legal custodian
460		-	of the child would have under subsection (9) of Section 1-3 of
461		-	the Juvenile Court Act of 1987.
462		-	The Department shall ensure that any child taken into
463		-	custody is scheduled for an appointment for a medical
464		-	examination.
465		-	A parent, guardian, or custodian of a child in the
466		-	temporary custody of the Department who would have custody of
467		-	the child if he were not in the temporary custody of the
468		-	Department may deliver to the Department a signed request that
469		-	the Department surrender the temporary custody of the child.
470		-	The Department may retain temporary custody of the child for
471		-	10 days after the receipt of the request, during which period
472		-	the Department may cause to be filed a petition pursuant to the
473		-	Juvenile Court Act of 1987. If a petition is so filed, the
474		-	Department shall retain temporary custody of the child until
475		-	the court orders otherwise. If a petition is not filed within
476		-	the 10-day period, the child shall be surrendered to the
477		-	custody of the requesting parent, guardian, or custodian not
478		-	later than the expiration of the 10-day period, at which time
	212	+	HB3705 Enrolled- 7 -LRB103 24994 KTG 51328 b HB3705 Enrolled - 7 - LRB103 24994 KTG 51328 b
	213	+	HB3705 Enrolled - 7 - LRB103 24994 KTG 51328 b
	214	+	1 services:
	215	+	2 (1) case management;
	216	+	3 (2) homemakers;
	217	+	4 (3) counseling;
	218	+	5 (4) parent education;
	219	+	6 (5) day care; and
	220	+	7 (6) emergency assistance and advocacy.
	221	+	8 In addition, the following services may be made available
	222	+	9 to assess and meet the needs of children and families:
	223	+	10 (1) comprehensive family-based services;
	224	+	11 (2) assessments;
	225	+	12 (3) respite care; and
	226	+	13 (4) in-home health services.
	227	+	14 The Department shall provide transportation for any of the
	228	+	15 services it makes available to children or families or for
	229	+	16 which it refers children or families.
	230	+	17 (j) The Department may provide categories of financial
	231	+	18 assistance and education assistance grants, and shall
	232	+	19 establish rules and regulations concerning the assistance and
	233	+	20 grants, to persons who adopt children with physical or mental
	234	+	21 disabilities, children who are older, or other hard-to-place
	235	+	22 children who (i) immediately prior to their adoption were
	236	+	23 youth in care or (ii) were determined eligible for financial
	237	+	24 assistance with respect to a prior adoption and who become
	238	+	25 available for adoption because the prior adoption has been
	239	+	26 dissolved and the parental rights of the adoptive parents have
479	240
480	241
481		-	the authority and duties of the Department with respect to the
482		-	temporary custody of the child shall terminate.
483		-	(m-1) The Department may place children under 18 years of
484		-	age in a secure child care facility licensed by the Department
485		-	that cares for children who are in need of secure living
486		-	arrangements for their health, safety, and well-being after a
487		-	determination is made by the facility director and the
488		-	Director or the Director's designate prior to admission to the
489		-	facility subject to Section 2-27.1 of the Juvenile Court Act
490		-	of 1987. This subsection (m-1) does not apply to a child who is
491		-	subject to placement in a correctional facility operated
492		-	pursuant to Section 3-15-2 of the Unified Code of Corrections,
493		-	unless the child is a youth in care who was placed in the care
494		-	of the Department before being subject to placement in a
495		-	correctional facility and a court of competent jurisdiction
496		-	has ordered placement of the child in a secure care facility.
497		-	(n) The Department may place children under 18 years of
498		-	age in licensed child care facilities when in the opinion of
499		-	the Department, appropriate services aimed at family
500		-	preservation have been unsuccessful and cannot ensure the
501		-	child's health and safety or are unavailable and such
502		-	placement would be for their best interest. Payment for board,
503		-	clothing, care, training and supervision of any child placed
504		-	in a licensed child care facility may be made by the
505		-	Department, by the parents or guardians of the estates of
506		-	those children, or by both the Department and the parents or
507	242
508	243
509		-	guardians, except that no payments shall be made by the
510		-	Department for any child placed in a licensed child care
511		-	facility for board, clothing, care, training and supervision
512		-	of such a child that exceed the average per capita cost of
513		-	maintaining and of caring for a child in institutions for
514		-	dependent or neglected children operated by the Department.
515		-	However, such restriction on payments does not apply in cases
516		-	where children require specialized care and treatment for
517		-	problems of severe emotional disturbance, physical disability,
518		-	social adjustment, or any combination thereof and suitable
519		-	facilities for the placement of such children are not
520		-	available at payment rates within the limitations set forth in
521		-	this Section. All reimbursements for services delivered shall
522		-	be absolutely inalienable by assignment, sale, attachment, or
523		-	garnishment or otherwise.
524		-	(n-1) The Department shall provide or authorize child
525		-	welfare services, aimed at assisting minors to achieve
526		-	sustainable self-sufficiency as independent adults, for any
527		-	minor eligible for the reinstatement of wardship pursuant to
528		-	subsection (2) of Section 2-33 of the Juvenile Court Act of
529		-	1987, whether or not such reinstatement is sought or allowed,
530		-	provided that the minor consents to such services and has not
531		-	yet attained the age of 21. The Department shall have
532		-	responsibility for the development and delivery of services
533		-	under this Section. An eligible youth may access services
534		-	under this Section through the Department of Children and
	244	+
	245	+	HB3705 Enrolled - 7 - LRB103 24994 KTG 51328 b
535	246
536	247
537		-	Family Services or by referral from the Department of Human
538		-	Services. Youth participating in services under this Section
539		-	shall cooperate with the assigned case manager in developing
540		-	an agreement identifying the services to be provided and how
541		-	the youth will increase skills to achieve self-sufficiency. A
542		-	homeless shelter is not considered appropriate housing for any
543		-	youth receiving child welfare services under this Section. The
544		-	Department shall continue child welfare services under this
545		-	Section to any eligible minor until the minor becomes 21 years
546		-	of age, no longer consents to participate, or achieves
547		-	self-sufficiency as identified in the minor's service plan.
548		-	The Department of Children and Family Services shall create
549		-	clear, readable notice of the rights of former foster youth to
550		-	child welfare services under this Section and how such
551		-	services may be obtained. The Department of Children and
552		-	Family Services and the Department of Human Services shall
553		-	disseminate this information statewide. The Department shall
554		-	adopt regulations describing services intended to assist
555		-	minors in achieving sustainable self-sufficiency as
556		-	independent adults.
557		-	(o) The Department shall establish an administrative
558		-	review and appeal process for children and families who
559		-	request or receive child welfare services from the Department.
560		-	Youth in care who are placed by private child welfare
561		-	agencies, and foster families with whom those youth are
562		-	placed, shall be afforded the same procedural and appeal
	248	+	HB3705 Enrolled- 8 -LRB103 24994 KTG 51328 b HB3705 Enrolled - 8 - LRB103 24994 KTG 51328 b
	249	+	HB3705 Enrolled - 8 - LRB103 24994 KTG 51328 b
	250	+	1 been terminated or because the child's adoptive parents have
	251	+	2 died. The Department may continue to provide financial
	252	+	3 assistance and education assistance grants for a child who was
	253	+	4 determined eligible for financial assistance under this
	254	+	5 subsection (j) in the interim period beginning when the
	255	+	6 child's adoptive parents died and ending with the finalization
	256	+	7 of the new adoption of the child by another adoptive parent or
	257	+	8 parents. The Department may also provide categories of
	258	+	9 financial assistance and education assistance grants, and
	259	+	10 shall establish rules and regulations for the assistance and
	260	+	11 grants, to persons appointed guardian of the person under
	261	+	12 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
	262	+	13 4-25, or 5-740 of the Juvenile Court Act of 1987 for children
	263	+	14 who were youth in care for 12 months immediately prior to the
	264	+	15 appointment of the guardian.
	265	+	16 The amount of assistance may vary, depending upon the
	266	+	17 needs of the child and the adoptive parents, as set forth in
	267	+	18 the annual assistance agreement. Special purpose grants are
	268	+	19 allowed where the child requires special service but such
	269	+	20 costs may not exceed the amounts which similar services would
	270	+	21 cost the Department if it were to provide or secure them as
	271	+	22 guardian of the child.
	272	+	23 Any financial assistance provided under this subsection is
	273	+	24 inalienable by assignment, sale, execution, attachment,
	274	+	25 garnishment, or any other remedy for recovery or collection of
	275	+	26 a judgment or debt.
563	276
564	277
565		-	rights as children and families in the case of placement by the
566		-	Department, including the right to an initial review of a
567		-	private agency decision by that agency. The Department shall
568		-	ensure that any private child welfare agency, which accepts
569		-	youth in care for placement, affords those rights to children
570		-	and foster families. The Department shall accept for
571		-	administrative review and an appeal hearing a complaint made
572		-	by (i) a child or foster family concerning a decision
573		-	following an initial review by a private child welfare agency
574		-	or (ii) a prospective adoptive parent who alleges a violation
575		-	of subsection (j-5) of this Section. An appeal of a decision
576		-	concerning a change in the placement of a child shall be
577		-	conducted in an expedited manner. A court determination that a
578		-	current foster home placement is necessary and appropriate
579		-	under Section 2-28 of the Juvenile Court Act of 1987 does not
580		-	constitute a judicial determination on the merits of an
581		-	administrative appeal, filed by a former foster parent,
582		-	involving a change of placement decision.
583		-	(p) (Blank).
584		-	(q) The Department may receive and use, in their entirety,
585		-	for the benefit of children any gift, donation, or bequest of
586		-	money or other property which is received on behalf of such
587		-	children, or any financial benefits to which such children are
588		-	or may become entitled while under the jurisdiction or care of
589		-	the Department, except that the benefits described in Section
590		-	5.46 must be used and conserved consistent with the provisions
591	278
592	279
593		-	under Section 5.46.
594		-	The Department shall set up and administer no-cost,
595		-	interest-bearing accounts in appropriate financial
596		-	institutions for children for whom the Department is legally
597		-	responsible and who have been determined eligible for
598		-	Veterans' Benefits, Social Security benefits, assistance
599		-	allotments from the armed forces, court ordered payments,
600		-	parental voluntary payments, Supplemental Security Income,
601		-	Railroad Retirement payments, Black Lung benefits, or other
602		-	miscellaneous payments. Interest earned by each account shall
603		-	be credited to the account, unless disbursed in accordance
604		-	with this subsection.
605		-	In disbursing funds from children's accounts, the
606		-	Department shall:
607		-	(1) Establish standards in accordance with State and
608		-	federal laws for disbursing money from children's
609		-	accounts. In all circumstances, the Department's
610		-	"Guardianship Administrator" or his or her designee must
611		-	approve disbursements from children's accounts. The
612		-	Department shall be responsible for keeping complete
613		-	records of all disbursements for each account for any
614		-	purpose.
615		-	(2) Calculate on a monthly basis the amounts paid from
616		-	State funds for the child's board and care, medical care
617		-	not covered under Medicaid, and social services; and
618		-	utilize funds from the child's account, as covered by
	280	+
	281	+	HB3705 Enrolled - 8 - LRB103 24994 KTG 51328 b
619	282
620	283
621		-	regulation, to reimburse those costs. Monthly,
622		-	disbursements from all children's accounts, up to 1/12 of
623		-	$13,000,000, shall be deposited by the Department into the
624		-	General Revenue Fund and the balance over 1/12 of
625		-	$13,000,000 into the DCFS Children's Services Fund.
626		-	(3) Maintain any balance remaining after reimbursing
627		-	for the child's costs of care, as specified in item (2).
628		-	The balance shall accumulate in accordance with relevant
629		-	State and federal laws and shall be disbursed to the child
630		-	or his or her guardian, or to the issuing agency.
631		-	(r) The Department shall promulgate regulations
632		-	encouraging all adoption agencies to voluntarily forward to
633		-	the Department or its agent names and addresses of all persons
634		-	who have applied for and have been approved for adoption of a
635		-	hard-to-place child or child with a disability and the names
636		-	of such children who have not been placed for adoption. A list
637		-	of such names and addresses shall be maintained by the
638		-	Department or its agent, and coded lists which maintain the
639		-	confidentiality of the person seeking to adopt the child and
640		-	of the child shall be made available, without charge, to every
641		-	adoption agency in the State to assist the agencies in placing
642		-	such children for adoption. The Department may delegate to an
643		-	agent its duty to maintain and make available such lists. The
644		-	Department shall ensure that such agent maintains the
645		-	confidentiality of the person seeking to adopt the child and
646		-	of the child.
	284	+	HB3705 Enrolled- 9 -LRB103 24994 KTG 51328 b HB3705 Enrolled - 9 - LRB103 24994 KTG 51328 b
	285	+	HB3705 Enrolled - 9 - LRB103 24994 KTG 51328 b
	286	+	1 (j-5) The Department shall not deny or delay the placement
	287	+	2 of a child for adoption if an approved family is available
	288	+	3 either outside of the Department region handling the case, or
	289	+	4 outside of the State of Illinois.
	290	+	5 (k) The Department shall accept for care and training any
	291	+	6 child who has been adjudicated neglected or abused, or
	292	+	7 dependent committed to it pursuant to the Juvenile Court Act
	293	+	8 or the Juvenile Court Act of 1987.
	294	+	9 (l) The Department shall offer family preservation
	295	+	10 services, as defined in Section 8.2 of the Abused and
	296	+	11 Neglected Child Reporting Act, to help families, including
	297	+	12 adoptive and extended families. Family preservation services
	298	+	13 shall be offered (i) to prevent the placement of children in
	299	+	14 substitute care when the children can be cared for at home or
	300	+	15 in the custody of the person responsible for the children's
	301	+	16 welfare, (ii) to reunite children with their families, or
	302	+	17 (iii) to maintain an adoptive placement. Family preservation
	303	+	18 services shall only be offered when doing so will not endanger
	304	+	19 the children's health or safety. With respect to children who
	305	+	20 are in substitute care pursuant to the Juvenile Court Act of
	306	+	21 1987, family preservation services shall not be offered if a
	307	+	22 goal other than those of subdivisions (A), (B), or (B-1) of
	308	+	23 subsection (2) of Section 2-28 of that Act has been set, except
	309	+	24 that reunification services may be offered as provided in
	310	+	25 paragraph (F) of subsection (2) of Section 2-28 of that Act.
	311	+	26 Nothing in this paragraph shall be construed to create a
647	312
648	313
649		-	(s) The Department of Children and Family Services may
650		-	establish and implement a program to reimburse Department and
651		-	private child welfare agency foster parents licensed by the
652		-	Department of Children and Family Services for damages
653		-	sustained by the foster parents as a result of the malicious or
654		-	negligent acts of foster children, as well as providing third
655		-	party coverage for such foster parents with regard to actions
656		-	of foster children to other individuals. Such coverage will be
657		-	secondary to the foster parent liability insurance policy, if
658		-	applicable. The program shall be funded through appropriations
659		-	from the General Revenue Fund, specifically designated for
660		-	such purposes.
661		-	(t) The Department shall perform home studies and
662		-	investigations and shall exercise supervision over visitation
663		-	as ordered by a court pursuant to the Illinois Marriage and
664		-	Dissolution of Marriage Act or the Adoption Act only if:
665		-	(1) an order entered by an Illinois court specifically
666		-	directs the Department to perform such services; and
667		-	(2) the court has ordered one or both of the parties to
668		-	the proceeding to reimburse the Department for its
669		-	reasonable costs for providing such services in accordance
670		-	with Department rules, or has determined that neither
671		-	party is financially able to pay.
672		-	The Department shall provide written notification to the
673		-	court of the specific arrangements for supervised visitation
674		-	and projected monthly costs within 60 days of the court order.
675	314
676	315
677		-	The Department shall send to the court information related to
678		-	the costs incurred except in cases where the court has
679		-	determined the parties are financially unable to pay. The
680		-	court may order additional periodic reports as appropriate.
681		-	(u) In addition to other information that must be
682		-	provided, whenever the Department places a child with a
683		-	prospective adoptive parent or parents, in a licensed foster
684		-	home, group home, or child care institution, or in a relative
685		-	home, the Department shall provide to the prospective adoptive
686		-	parent or parents or other caretaker:
687		-	(1) available detailed information concerning the
688		-	child's educational and health history, copies of
689		-	immunization records (including insurance and medical card
690		-	information), a history of the child's previous
691		-	placements, if any, and reasons for placement changes
692		-	excluding any information that identifies or reveals the
693		-	location of any previous caretaker;
694		-	(2) a copy of the child's portion of the client
695		-	service plan, including any visitation arrangement, and
696		-	all amendments or revisions to it as related to the child;
697		-	and
698		-	(3) information containing details of the child's
699		-	individualized educational plan when the child is
700		-	receiving special education services.
701		-	The caretaker shall be informed of any known social or
702		-	behavioral information (including, but not limited to,
	316	+
	317	+	HB3705 Enrolled - 9 - LRB103 24994 KTG 51328 b
703	318
704	319
705		-	criminal background, fire setting, perpetuation of sexual
706		-	abuse, destructive behavior, and substance abuse) necessary to
707		-	care for and safeguard the children to be placed or currently
708		-	in the home. The Department may prepare a written summary of
709		-	the information required by this paragraph, which may be
710		-	provided to the foster or prospective adoptive parent in
711		-	advance of a placement. The foster or prospective adoptive
712		-	parent may review the supporting documents in the child's file
713		-	in the presence of casework staff. In the case of an emergency
714		-	placement, casework staff shall at least provide known
715		-	information verbally, if necessary, and must subsequently
716		-	provide the information in writing as required by this
717		-	subsection.
718		-	The information described in this subsection shall be
719		-	provided in writing. In the case of emergency placements when
720		-	time does not allow prior review, preparation, and collection
721		-	of written information, the Department shall provide such
722		-	information as it becomes available. Within 10 business days
723		-	after placement, the Department shall obtain from the
724		-	prospective adoptive parent or parents or other caretaker a
725		-	signed verification of receipt of the information provided.
726		-	Within 10 business days after placement, the Department shall
727		-	provide to the child's guardian ad litem a copy of the
728		-	information provided to the prospective adoptive parent or
729		-	parents or other caretaker. The information provided to the
730		-	prospective adoptive parent or parents or other caretaker
	320	+	HB3705 Enrolled- 10 -LRB103 24994 KTG 51328 b HB3705 Enrolled - 10 - LRB103 24994 KTG 51328 b
	321	+	HB3705 Enrolled - 10 - LRB103 24994 KTG 51328 b
	322	+	1 private right of action or claim on the part of any individual
	323	+	2 or child welfare agency, except that when a child is the
	324	+	3 subject of an action under Article II of the Juvenile Court Act
	325	+	4 of 1987 and the child's service plan calls for services to
	326	+	5 facilitate achievement of the permanency goal, the court
	327	+	6 hearing the action under Article II of the Juvenile Court Act
	328	+	7 of 1987 may order the Department to provide the services set
	329	+	8 out in the plan, if those services are not provided with
	330	+	9 reasonable promptness and if those services are available.
	331	+	10 The Department shall notify the child and his family of
	332	+	11 the Department's responsibility to offer and provide family
	333	+	12 preservation services as identified in the service plan. The
	334	+	13 child and his family shall be eligible for services as soon as
	335	+	14 the report is determined to be "indicated". The Department may
	336	+	15 offer services to any child or family with respect to whom a
	337	+	16 report of suspected child abuse or neglect has been filed,
	338	+	17 prior to concluding its investigation under Section 7.12 of
	339	+	18 the Abused and Neglected Child Reporting Act. However, the
	340	+	19 child's or family's willingness to accept services shall not
	341	+	20 be considered in the investigation. The Department may also
	342	+	21 provide services to any child or family who is the subject of
	343	+	22 any report of suspected child abuse or neglect or may refer
	344	+	23 such child or family to services available from other agencies
	345	+	24 in the community, even if the report is determined to be
	346	+	25 unfounded, if the conditions in the child's or family's home
	347	+	26 are reasonably likely to subject the child or family to future
731	348
732	349
733		-	shall be reviewed and approved regarding accuracy at the
734		-	supervisory level.
735		-	(u-5) Effective July 1, 1995, only foster care placements
736		-	licensed as foster family homes pursuant to the Child Care Act
737		-	of 1969 shall be eligible to receive foster care payments from
738		-	the Department. Relative caregivers who, as of July 1, 1995,
739		-	were approved pursuant to approved relative placement rules
740		-	previously promulgated by the Department at 89 Ill. Adm. Code
741		-	335 and had submitted an application for licensure as a foster
742		-	family home may continue to receive foster care payments only
743		-	until the Department determines that they may be licensed as a
744		-	foster family home or that their application for licensure is
745		-	denied or until September 30, 1995, whichever occurs first.
746		-	(v) The Department shall access criminal history record
747		-	information as defined in the Illinois Uniform Conviction
748		-	Information Act and information maintained in the adjudicatory
749		-	and dispositional record system as defined in Section 2605-355
750		-	of the Illinois State Police Law if the Department determines
751		-	the information is necessary to perform its duties under the
752		-	Abused and Neglected Child Reporting Act, the Child Care Act
753		-	of 1969, and the Children and Family Services Act. The
754		-	Department shall provide for interactive computerized
755		-	communication and processing equipment that permits direct
756		-	on-line communication with the Illinois State Police's central
757		-	criminal history data repository. The Department shall comply
758		-	with all certification requirements and provide certified
759	350
760	351
761		-	operators who have been trained by personnel from the Illinois
762		-	State Police. In addition, one Office of the Inspector General
763		-	investigator shall have training in the use of the criminal
764		-	history information access system and have access to the
765		-	terminal. The Department of Children and Family Services and
766		-	its employees shall abide by rules and regulations established
767		-	by the Illinois State Police relating to the access and
768		-	dissemination of this information.
769		-	(v-1) Prior to final approval for placement of a child,
770		-	the Department shall conduct a criminal records background
771		-	check of the prospective foster or adoptive parent, including
772		-	fingerprint-based checks of national crime information
773		-	databases. Final approval for placement shall not be granted
774		-	if the record check reveals a felony conviction for child
775		-	abuse or neglect, for spousal abuse, for a crime against
776		-	children, or for a crime involving violence, including rape,
777		-	sexual assault, or homicide, but not including other physical
778		-	assault or battery, or if there is a felony conviction for
779		-	physical assault, battery, or a drug-related offense committed
780		-	within the past 5 years.
781		-	(v-2) Prior to final approval for placement of a child,
782		-	the Department shall check its child abuse and neglect
783		-	registry for information concerning prospective foster and
784		-	adoptive parents, and any adult living in the home. If any
785		-	prospective foster or adoptive parent or other adult living in
786		-	the home has resided in another state in the preceding 5 years,
	352	+
	353	+	HB3705 Enrolled - 10 - LRB103 24994 KTG 51328 b
787	354
788	355
789		-	the Department shall request a check of that other state's
790		-	child abuse and neglect registry.
791		-	(w) Within 120 days of August 20, 1995 (the effective date
792		-	of Public Act 89-392), the Department shall prepare and submit
793		-	to the Governor and the General Assembly, a written plan for
794		-	the development of in-state licensed secure child care
795		-	facilities that care for children who are in need of secure
796		-	living arrangements for their health, safety, and well-being.
797		-	For purposes of this subsection, secure care facility shall
798		-	mean a facility that is designed and operated to ensure that
799		-	all entrances and exits from the facility, a building or a
800		-	distinct part of the building, are under the exclusive control
801		-	of the staff of the facility, whether or not the child has the
802		-	freedom of movement within the perimeter of the facility,
803		-	building, or distinct part of the building. The plan shall
804		-	include descriptions of the types of facilities that are
805		-	needed in Illinois; the cost of developing these secure care
806		-	facilities; the estimated number of placements; the potential
807		-	cost savings resulting from the movement of children currently
808		-	out-of-state who are projected to be returned to Illinois; the
809		-	necessary geographic distribution of these facilities in
810		-	Illinois; and a proposed timetable for development of such
811		-	facilities.
812		-	(x) The Department shall conduct annual credit history
813		-	checks to determine the financial history of children placed
814		-	under its guardianship pursuant to the Juvenile Court Act of
	356	+	HB3705 Enrolled- 11 -LRB103 24994 KTG 51328 b HB3705 Enrolled - 11 - LRB103 24994 KTG 51328 b
	357	+	HB3705 Enrolled - 11 - LRB103 24994 KTG 51328 b
	358	+	1 reports of suspected child abuse or neglect. Acceptance of
	359	+	2 such services shall be voluntary. The Department may also
	360	+	3 provide services to any child or family after completion of a
	361	+	4 family assessment, as an alternative to an investigation, as
	362	+	5 provided under the "differential response program" provided
	363	+	6 for in subsection (a-5) of Section 7.4 of the Abused and
	364	+	7 Neglected Child Reporting Act.
	365	+	8 The Department may, at its discretion except for those
	366	+	9 children also adjudicated neglected or dependent, accept for
	367	+	10 care and training any child who has been adjudicated addicted,
	368	+	11 as a truant minor in need of supervision or as a minor
	369	+	12 requiring authoritative intervention, under the Juvenile Court
	370	+	13 Act or the Juvenile Court Act of 1987, but no such child shall
	371	+	14 be committed to the Department by any court without the
	372	+	15 approval of the Department. On and after January 1, 2015 (the
	373	+	16 effective date of Public Act 98-803) and before January 1,
	374	+	17 2017, a minor charged with a criminal offense under the
	375	+	18 Criminal Code of 1961 or the Criminal Code of 2012 or
	376	+	19 adjudicated delinquent shall not be placed in the custody of
	377	+	20 or committed to the Department by any court, except (i) a minor
	378	+	21 less than 16 years of age committed to the Department under
	379	+	22 Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
	380	+	23 for whom an independent basis of abuse, neglect, or dependency
	381	+	24 exists, which must be defined by departmental rule, or (iii) a
	382	+	25 minor for whom the court has granted a supplemental petition
	383	+	26 to reinstate wardship pursuant to subsection (2) of Section
815	384
816	385
817		-	1987. The Department shall conduct such credit checks starting
818		-	when a youth in care turns 12 years old and each year
819		-	thereafter for the duration of the guardianship as terminated
820		-	pursuant to the Juvenile Court Act of 1987. The Department
821		-	shall determine if financial exploitation of the child's
822		-	personal information has occurred. If financial exploitation
823		-	appears to have taken place or is presently ongoing, the
824		-	Department shall notify the proper law enforcement agency, the
825		-	proper State's Attorney, or the Attorney General.
826		-	(y) Beginning on July 22, 2010 (the effective date of
827		-	Public Act 96-1189), a child with a disability who receives
828		-	residential and educational services from the Department shall
829		-	be eligible to receive transition services in accordance with
830		-	Article 14 of the School Code from the age of 14.5 through age
831		-	21, inclusive, notwithstanding the child's residential
832		-	services arrangement. For purposes of this subsection, "child
833		-	with a disability" means a child with a disability as defined
834		-	by the federal Individuals with Disabilities Education
835		-	Improvement Act of 2004.
836		-	(z) The Department shall access criminal history record
837		-	information as defined as "background information" in this
838		-	subsection and criminal history record information as defined
839		-	in the Illinois Uniform Conviction Information Act for each
840		-	Department employee or Department applicant. Each Department
841		-	employee or Department applicant shall submit his or her
842		-	fingerprints to the Illinois State Police in the form and
843	386
844	387
845		-	manner prescribed by the Illinois State Police. These
846		-	fingerprints shall be checked against the fingerprint records
847		-	now and hereafter filed in the Illinois State Police and the
848		-	Federal Bureau of Investigation criminal history records
849		-	databases. The Illinois State Police shall charge a fee for
850		-	conducting the criminal history record check, which shall be
851		-	deposited into the State Police Services Fund and shall not
852		-	exceed the actual cost of the record check. The Illinois State
853		-	Police shall furnish, pursuant to positive identification, all
854		-	Illinois conviction information to the Department of Children
855		-	and Family Services.
856		-	For purposes of this subsection:
857		-	"Background information" means all of the following:
858		-	(i) Upon the request of the Department of Children and
859		-	Family Services, conviction information obtained from the
860		-	Illinois State Police as a result of a fingerprint-based
861		-	criminal history records check of the Illinois criminal
862		-	history records database and the Federal Bureau of
863		-	Investigation criminal history records database concerning
864		-	a Department employee or Department applicant.
865		-	(ii) Information obtained by the Department of
866		-	Children and Family Services after performing a check of
867		-	the Illinois State Police's Sex Offender Database, as
868		-	authorized by Section 120 of the Sex Offender Community
869		-	Notification Law, concerning a Department employee or
870		-	Department applicant.
	388	+
	389	+	HB3705 Enrolled - 11 - LRB103 24994 KTG 51328 b
871	390
872	391
873		-	(iii) Information obtained by the Department of
874		-	Children and Family Services after performing a check of
875		-	the Child Abuse and Neglect Tracking System (CANTS)
876		-	operated and maintained by the Department.
877		-	"Department employee" means a full-time or temporary
878		-	employee coded or certified within the State of Illinois
879		-	Personnel System.
880		-	"Department applicant" means an individual who has
881		-	conditional Department full-time or part-time work, a
882		-	contractor, an individual used to replace or supplement staff,
883		-	an academic intern, a volunteer in Department offices or on
884		-	Department contracts, a work-study student, an individual or
885		-	entity licensed by the Department, or an unlicensed service
886		-	provider who works as a condition of a contract or an agreement
887		-	and whose work may bring the unlicensed service provider into
888		-	contact with Department clients or client records.
889		-	(Source: P.A. 101-13, eff. 6-12-19; 101-79, eff. 7-12-19;
890		-	101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 102-558, eff.
891		-	8-20-21; 102-1014, eff. 5-27-22.)
	392	+	HB3705 Enrolled- 12 -LRB103 24994 KTG 51328 b HB3705 Enrolled - 12 - LRB103 24994 KTG 51328 b
	393	+	HB3705 Enrolled - 12 - LRB103 24994 KTG 51328 b
	394	+	1 2-33 of the Juvenile Court Act of 1987. On and after January 1,
	395	+	2 2017, a minor charged with a criminal offense under the
	396	+	3 Criminal Code of 1961 or the Criminal Code of 2012 or
	397	+	4 adjudicated delinquent shall not be placed in the custody of
	398	+	5 or committed to the Department by any court, except (i) a minor
	399	+	6 less than 15 years of age committed to the Department under
	400	+	7 Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
	401	+	8 for whom an independent basis of abuse, neglect, or dependency
	402	+	9 exists, which must be defined by departmental rule, or (iii) a
	403	+	10 minor for whom the court has granted a supplemental petition
	404	+	11 to reinstate wardship pursuant to subsection (2) of Section
	405	+	12 2-33 of the Juvenile Court Act of 1987. An independent basis
	406	+	13 exists when the allegations or adjudication of abuse, neglect,
	407	+	14 or dependency do not arise from the same facts, incident, or
	408	+	15 circumstances which give rise to a charge or adjudication of
	409	+	16 delinquency. The Department shall assign a caseworker to
	410	+	17 attend any hearing involving a youth in the care and custody of
	411	+	18 the Department who is placed on aftercare release, including
	412	+	19 hearings involving sanctions for violation of aftercare
	413	+	20 release conditions and aftercare release revocation hearings.
	414	+	21 As soon as is possible after August 7, 2009 (the effective
	415	+	22 date of Public Act 96-134), the Department shall develop and
	416	+	23 implement a special program of family preservation services to
	417	+	24 support intact, foster, and adoptive families who are
	418	+	25 experiencing extreme hardships due to the difficulty and
	419	+	26 stress of caring for a child who has been diagnosed with a
	420	+
	421	+
	422	+
	423	+
	424	+
	425	+	HB3705 Enrolled - 12 - LRB103 24994 KTG 51328 b
	426	+
	427	+
	428	+	HB3705 Enrolled- 13 -LRB103 24994 KTG 51328 b HB3705 Enrolled - 13 - LRB103 24994 KTG 51328 b
	429	+	HB3705 Enrolled - 13 - LRB103 24994 KTG 51328 b
	430	+	1 pervasive developmental disorder if the Department determines
	431	+	2 that those services are necessary to ensure the health and
	432	+	3 safety of the child. The Department may offer services to any
	433	+	4 family whether or not a report has been filed under the Abused
	434	+	5 and Neglected Child Reporting Act. The Department may refer
	435	+	6 the child or family to services available from other agencies
	436	+	7 in the community if the conditions in the child's or family's
	437	+	8 home are reasonably likely to subject the child or family to
	438	+	9 future reports of suspected child abuse or neglect. Acceptance
	439	+	10 of these services shall be voluntary. The Department shall
	440	+	11 develop and implement a public information campaign to alert
	441	+	12 health and social service providers and the general public
	442	+	13 about these special family preservation services. The nature
	443	+	14 and scope of the services offered and the number of families
	444	+	15 served under the special program implemented under this
	445	+	16 paragraph shall be determined by the level of funding that the
	446	+	17 Department annually allocates for this purpose. The term
	447	+	18 "pervasive developmental disorder" under this paragraph means
	448	+	19 a neurological condition, including, but not limited to,
	449	+	20 Asperger's Syndrome and autism, as defined in the most recent
	450	+	21 edition of the Diagnostic and Statistical Manual of Mental
	451	+	22 Disorders of the American Psychiatric Association.
	452	+	23 (l-1) The legislature recognizes that the best interests
	453	+	24 of the child require that the child be placed in the most
	454	+	25 permanent living arrangement as soon as is practically
	455	+	26 possible. To achieve this goal, the legislature directs the
	456	+
	457	+
	458	+
	459	+
	460	+
	461	+	HB3705 Enrolled - 13 - LRB103 24994 KTG 51328 b
	462	+
	463	+
	464	+	HB3705 Enrolled- 14 -LRB103 24994 KTG 51328 b HB3705 Enrolled - 14 - LRB103 24994 KTG 51328 b
	465	+	HB3705 Enrolled - 14 - LRB103 24994 KTG 51328 b
	466	+	1 Department of Children and Family Services to conduct
	467	+	2 concurrent planning so that permanency may occur at the
	468	+	3 earliest opportunity. Permanent living arrangements may
	469	+	4 include prevention of placement of a child outside the home of
	470	+	5 the family when the child can be cared for at home without
	471	+	6 endangering the child's health or safety; reunification with
	472	+	7 the family, when safe and appropriate, if temporary placement
	473	+	8 is necessary; or movement of the child toward the most
	474	+	9 permanent living arrangement and permanent legal status.
	475	+	10 When determining reasonable efforts to be made with
	476	+	11 respect to a child, as described in this subsection, and in
	477	+	12 making such reasonable efforts, the child's health and safety
	478	+	13 shall be the paramount concern.
	479	+	14 When a child is placed in foster care, the Department
	480	+	15 shall ensure and document that reasonable efforts were made to
	481	+	16 prevent or eliminate the need to remove the child from the
	482	+	17 child's home. The Department must make reasonable efforts to
	483	+	18 reunify the family when temporary placement of the child
	484	+	19 occurs unless otherwise required, pursuant to the Juvenile
	485	+	20 Court Act of 1987. At any time after the dispositional hearing
	486	+	21 where the Department believes that further reunification
	487	+	22 services would be ineffective, it may request a finding from
	488	+	23 the court that reasonable efforts are no longer appropriate.
	489	+	24 The Department is not required to provide further
	490	+	25 reunification services after such a finding.
	491	+	26 A decision to place a child in substitute care shall be
	492	+
	493	+
	494	+
	495	+
	496	+
	497	+	HB3705 Enrolled - 14 - LRB103 24994 KTG 51328 b
	498	+
	499	+
	500	+	HB3705 Enrolled- 15 -LRB103 24994 KTG 51328 b HB3705 Enrolled - 15 - LRB103 24994 KTG 51328 b
	501	+	HB3705 Enrolled - 15 - LRB103 24994 KTG 51328 b
	502	+	1 made with considerations of the child's health, safety, and
	503	+	2 best interests. At the time of placement, consideration should
	504	+	3 also be given so that if reunification fails or is delayed, the
	505	+	4 placement made is the best available placement to provide
	506	+	5 permanency for the child.
	507	+	6 The Department shall adopt rules addressing concurrent
	508	+	7 planning for reunification and permanency. The Department
	509	+	8 shall consider the following factors when determining
	510	+	9 appropriateness of concurrent planning:
	511	+	10 (1) the likelihood of prompt reunification;
	512	+	11 (2) the past history of the family;
	513	+	12 (3) the barriers to reunification being addressed by
	514	+	13 the family;
	515	+	14 (4) the level of cooperation of the family;
	516	+	15 (5) the foster parents' willingness to work with the
	517	+	16 family to reunite;
	518	+	17 (6) the willingness and ability of the foster family
	519	+	18 to provide an adoptive home or long-term placement;
	520	+	19 (7) the age of the child;
	521	+	20 (8) placement of siblings.
	522	+	21 (m) The Department may assume temporary custody of any
	523	+	22 child if:
	524	+	23 (1) it has received a written consent to such
	525	+	24 temporary custody signed by the parents of the child or by
	526	+	25 the parent having custody of the child if the parents are
	527	+	26 not living together or by the guardian or custodian of the
	528	+
	529	+
	530	+
	531	+
	532	+
	533	+	HB3705 Enrolled - 15 - LRB103 24994 KTG 51328 b
	534	+
	535	+
	536	+	HB3705 Enrolled- 16 -LRB103 24994 KTG 51328 b HB3705 Enrolled - 16 - LRB103 24994 KTG 51328 b
	537	+	HB3705 Enrolled - 16 - LRB103 24994 KTG 51328 b
	538	+	1 child if the child is not in the custody of either parent,
	539	+	2 or
	540	+	3 (2) the child is found in the State and neither a
	541	+	4 parent, guardian nor custodian of the child can be
	542	+	5 located.
	543	+	6 If the child is found in his or her residence without a parent,
	544	+	7 guardian, custodian, or responsible caretaker, the Department
	545	+	8 may, instead of removing the child and assuming temporary
	546	+	9 custody, place an authorized representative of the Department
	547	+	10 in that residence until such time as a parent, guardian, or
	548	+	11 custodian enters the home and expresses a willingness and
	549	+	12 apparent ability to ensure the child's health and safety and
	550	+	13 resume permanent charge of the child, or until a relative
	551	+	14 enters the home and is willing and able to ensure the child's
	552	+	15 health and safety and assume charge of the child until a
	553	+	16 parent, guardian, or custodian enters the home and expresses
	554	+	17 such willingness and ability to ensure the child's safety and
	555	+	18 resume permanent charge. After a caretaker has remained in the
	556	+	19 home for a period not to exceed 12 hours, the Department must
	557	+	20 follow those procedures outlined in Section 2-9, 3-11, 4-8, or
	558	+	21 5-415 of the Juvenile Court Act of 1987.
	559	+	22 The Department shall have the authority, responsibilities
	560	+	23 and duties that a legal custodian of the child would have
	561	+	24 pursuant to subsection (9) of Section 1-3 of the Juvenile
	562	+	25 Court Act of 1987. Whenever a child is taken into temporary
	563	+	26 custody pursuant to an investigation under the Abused and
	564	+
	565	+
	566	+
	567	+
	568	+
	569	+	HB3705 Enrolled - 16 - LRB103 24994 KTG 51328 b
	570	+
	571	+
	572	+	HB3705 Enrolled- 17 -LRB103 24994 KTG 51328 b HB3705 Enrolled - 17 - LRB103 24994 KTG 51328 b
	573	+	HB3705 Enrolled - 17 - LRB103 24994 KTG 51328 b
	574	+	1 Neglected Child Reporting Act, or pursuant to a referral and
	575	+	2 acceptance under the Juvenile Court Act of 1987 of a minor in
	576	+	3 limited custody, the Department, during the period of
	577	+	4 temporary custody and before the child is brought before a
	578	+	5 judicial officer as required by Section 2-9, 3-11, 4-8, or
	579	+	6 5-415 of the Juvenile Court Act of 1987, shall have the
	580	+	7 authority, responsibilities and duties that a legal custodian
	581	+	8 of the child would have under subsection (9) of Section 1-3 of
	582	+	9 the Juvenile Court Act of 1987.
	583	+	10 The Department shall ensure that any child taken into
	584	+	11 custody is scheduled for an appointment for a medical
	585	+	12 examination.
	586	+	13 A parent, guardian, or custodian of a child in the
	587	+	14 temporary custody of the Department who would have custody of
	588	+	15 the child if he were not in the temporary custody of the
	589	+	16 Department may deliver to the Department a signed request that
	590	+	17 the Department surrender the temporary custody of the child.
	591	+	18 The Department may retain temporary custody of the child for
	592	+	19 10 days after the receipt of the request, during which period
	593	+	20 the Department may cause to be filed a petition pursuant to the
	594	+	21 Juvenile Court Act of 1987. If a petition is so filed, the
	595	+	22 Department shall retain temporary custody of the child until
	596	+	23 the court orders otherwise. If a petition is not filed within
	597	+	24 the 10-day period, the child shall be surrendered to the
	598	+	25 custody of the requesting parent, guardian, or custodian not
	599	+	26 later than the expiration of the 10-day period, at which time
	600	+
	601	+
	602	+
	603	+
	604	+
	605	+	HB3705 Enrolled - 17 - LRB103 24994 KTG 51328 b
	606	+
	607	+
	608	+	HB3705 Enrolled- 18 -LRB103 24994 KTG 51328 b HB3705 Enrolled - 18 - LRB103 24994 KTG 51328 b
	609	+	HB3705 Enrolled - 18 - LRB103 24994 KTG 51328 b
	610	+	1 the authority and duties of the Department with respect to the
	611	+	2 temporary custody of the child shall terminate.
	612	+	3 (m-1) The Department may place children under 18 years of
	613	+	4 age in a secure child care facility licensed by the Department
	614	+	5 that cares for children who are in need of secure living
	615	+	6 arrangements for their health, safety, and well-being after a
	616	+	7 determination is made by the facility director and the
	617	+	8 Director or the Director's designate prior to admission to the
	618	+	9 facility subject to Section 2-27.1 of the Juvenile Court Act
	619	+	10 of 1987. This subsection (m-1) does not apply to a child who is
	620	+	11 subject to placement in a correctional facility operated
	621	+	12 pursuant to Section 3-15-2 of the Unified Code of Corrections,
	622	+	13 unless the child is a youth in care who was placed in the care
	623	+	14 of the Department before being subject to placement in a
	624	+	15 correctional facility and a court of competent jurisdiction
	625	+	16 has ordered placement of the child in a secure care facility.
	626	+	17 (n) The Department may place children under 18 years of
	627	+	18 age in licensed child care facilities when in the opinion of
	628	+	19 the Department, appropriate services aimed at family
	629	+	20 preservation have been unsuccessful and cannot ensure the
	630	+	21 child's health and safety or are unavailable and such
	631	+	22 placement would be for their best interest. Payment for board,
	632	+	23 clothing, care, training and supervision of any child placed
	633	+	24 in a licensed child care facility may be made by the
	634	+	25 Department, by the parents or guardians of the estates of
	635	+	26 those children, or by both the Department and the parents or
	636	+
	637	+
	638	+
	639	+
	640	+
	641	+	HB3705 Enrolled - 18 - LRB103 24994 KTG 51328 b
	642	+
	643	+
	644	+	HB3705 Enrolled- 19 -LRB103 24994 KTG 51328 b HB3705 Enrolled - 19 - LRB103 24994 KTG 51328 b
	645	+	HB3705 Enrolled - 19 - LRB103 24994 KTG 51328 b
	646	+	1 guardians, except that no payments shall be made by the
	647	+	2 Department for any child placed in a licensed child care
	648	+	3 facility for board, clothing, care, training and supervision
	649	+	4 of such a child that exceed the average per capita cost of
	650	+	5 maintaining and of caring for a child in institutions for
	651	+	6 dependent or neglected children operated by the Department.
	652	+	7 However, such restriction on payments does not apply in cases
	653	+	8 where children require specialized care and treatment for
	654	+	9 problems of severe emotional disturbance, physical disability,
	655	+	10 social adjustment, or any combination thereof and suitable
	656	+	11 facilities for the placement of such children are not
	657	+	12 available at payment rates within the limitations set forth in
	658	+	13 this Section. All reimbursements for services delivered shall
	659	+	14 be absolutely inalienable by assignment, sale, attachment, or
	660	+	15 garnishment or otherwise.
	661	+	16 (n-1) The Department shall provide or authorize child
	662	+	17 welfare services, aimed at assisting minors to achieve
	663	+	18 sustainable self-sufficiency as independent adults, for any
	664	+	19 minor eligible for the reinstatement of wardship pursuant to
	665	+	20 subsection (2) of Section 2-33 of the Juvenile Court Act of
	666	+	21 1987, whether or not such reinstatement is sought or allowed,
	667	+	22 provided that the minor consents to such services and has not
	668	+	23 yet attained the age of 21. The Department shall have
	669	+	24 responsibility for the development and delivery of services
	670	+	25 under this Section. An eligible youth may access services
	671	+	26 under this Section through the Department of Children and
	672	+
	673	+
	674	+
	675	+
	676	+
	677	+	HB3705 Enrolled - 19 - LRB103 24994 KTG 51328 b
	678	+
	679	+
	680	+	HB3705 Enrolled- 20 -LRB103 24994 KTG 51328 b HB3705 Enrolled - 20 - LRB103 24994 KTG 51328 b
	681	+	HB3705 Enrolled - 20 - LRB103 24994 KTG 51328 b
	682	+	1 Family Services or by referral from the Department of Human
	683	+	2 Services. Youth participating in services under this Section
	684	+	3 shall cooperate with the assigned case manager in developing
	685	+	4 an agreement identifying the services to be provided and how
	686	+	5 the youth will increase skills to achieve self-sufficiency. A
	687	+	6 homeless shelter is not considered appropriate housing for any
	688	+	7 youth receiving child welfare services under this Section. The
	689	+	8 Department shall continue child welfare services under this
	690	+	9 Section to any eligible minor until the minor becomes 21 years
	691	+	10 of age, no longer consents to participate, or achieves
	692	+	11 self-sufficiency as identified in the minor's service plan.
	693	+	12 The Department of Children and Family Services shall create
	694	+	13 clear, readable notice of the rights of former foster youth to
	695	+	14 child welfare services under this Section and how such
	696	+	15 services may be obtained. The Department of Children and
	697	+	16 Family Services and the Department of Human Services shall
	698	+	17 disseminate this information statewide. The Department shall
	699	+	18 adopt regulations describing services intended to assist
	700	+	19 minors in achieving sustainable self-sufficiency as
	701	+	20 independent adults.
	702	+	21 (o) The Department shall establish an administrative
	703	+	22 review and appeal process for children and families who
	704	+	23 request or receive child welfare services from the Department.
	705	+	24 Youth in care who are placed by private child welfare
	706	+	25 agencies, and foster families with whom those youth are
	707	+	26 placed, shall be afforded the same procedural and appeal
	708	+
	709	+
	710	+
	711	+
	712	+
	713	+	HB3705 Enrolled - 20 - LRB103 24994 KTG 51328 b
	714	+
	715	+
	716	+	HB3705 Enrolled- 21 -LRB103 24994 KTG 51328 b HB3705 Enrolled - 21 - LRB103 24994 KTG 51328 b
	717	+	HB3705 Enrolled - 21 - LRB103 24994 KTG 51328 b
	718	+	1 rights as children and families in the case of placement by the
	719	+	2 Department, including the right to an initial review of a
	720	+	3 private agency decision by that agency. The Department shall
	721	+	4 ensure that any private child welfare agency, which accepts
	722	+	5 youth in care for placement, affords those rights to children
	723	+	6 and foster families. The Department shall accept for
	724	+	7 administrative review and an appeal hearing a complaint made
	725	+	8 by (i) a child or foster family concerning a decision
	726	+	9 following an initial review by a private child welfare agency
	727	+	10 or (ii) a prospective adoptive parent who alleges a violation
	728	+	11 of subsection (j-5) of this Section. An appeal of a decision
	729	+	12 concerning a change in the placement of a child shall be
	730	+	13 conducted in an expedited manner. A court determination that a
	731	+	14 current foster home placement is necessary and appropriate
	732	+	15 under Section 2-28 of the Juvenile Court Act of 1987 does not
	733	+	16 constitute a judicial determination on the merits of an
	734	+	17 administrative appeal, filed by a former foster parent,
	735	+	18 involving a change of placement decision.
	736	+	19 (p) (Blank).
	737	+	20 (q) The Department may receive and use, in their entirety,
	738	+	21 for the benefit of children any gift, donation, or bequest of
	739	+	22 money or other property which is received on behalf of such
	740	+	23 children, or any financial benefits to which such children are
	741	+	24 or may become entitled while under the jurisdiction or care of
	742	+	25 the Department, except that the benefits described in Section
	743	+	26 5.46 must be used and conserved consistent with the provisions
	744	+
	745	+
	746	+
	747	+
	748	+
	749	+	HB3705 Enrolled - 21 - LRB103 24994 KTG 51328 b
	750	+
	751	+
	752	+	HB3705 Enrolled- 22 -LRB103 24994 KTG 51328 b HB3705 Enrolled - 22 - LRB103 24994 KTG 51328 b
	753	+	HB3705 Enrolled - 22 - LRB103 24994 KTG 51328 b
	754	+	1 under Section 5.46.
	755	+	2 The Department shall set up and administer no-cost,
	756	+	3 interest-bearing accounts in appropriate financial
	757	+	4 institutions for children for whom the Department is legally
	758	+	5 responsible and who have been determined eligible for
	759	+	6 Veterans' Benefits, Social Security benefits, assistance
	760	+	7 allotments from the armed forces, court ordered payments,
	761	+	8 parental voluntary payments, Supplemental Security Income,
	762	+	9 Railroad Retirement payments, Black Lung benefits, or other
	763	+	10 miscellaneous payments. Interest earned by each account shall
	764	+	11 be credited to the account, unless disbursed in accordance
	765	+	12 with this subsection.
	766	+	13 In disbursing funds from children's accounts, the
	767	+	14 Department shall:
	768	+	15 (1) Establish standards in accordance with State and
	769	+	16 federal laws for disbursing money from children's
	770	+	17 accounts. In all circumstances, the Department's
	771	+	18 "Guardianship Administrator" or his or her designee must
	772	+	19 approve disbursements from children's accounts. The
	773	+	20 Department shall be responsible for keeping complete
	774	+	21 records of all disbursements for each account for any
	775	+	22 purpose.
	776	+	23 (2) Calculate on a monthly basis the amounts paid from
	777	+	24 State funds for the child's board and care, medical care
	778	+	25 not covered under Medicaid, and social services; and
	779	+	26 utilize funds from the child's account, as covered by
	780	+
	781	+
	782	+
	783	+
	784	+
	785	+	HB3705 Enrolled - 22 - LRB103 24994 KTG 51328 b
	786	+
	787	+
	788	+	HB3705 Enrolled- 23 -LRB103 24994 KTG 51328 b HB3705 Enrolled - 23 - LRB103 24994 KTG 51328 b
	789	+	HB3705 Enrolled - 23 - LRB103 24994 KTG 51328 b
	790	+	1 regulation, to reimburse those costs. Monthly,
	791	+	2 disbursements from all children's accounts, up to 1/12 of
	792	+	3 $13,000,000, shall be deposited by the Department into the
	793	+	4 General Revenue Fund and the balance over 1/12 of
	794	+	5 $13,000,000 into the DCFS Children's Services Fund.
	795	+	6 (3) Maintain any balance remaining after reimbursing
	796	+	7 for the child's costs of care, as specified in item (2).
	797	+	8 The balance shall accumulate in accordance with relevant
	798	+	9 State and federal laws and shall be disbursed to the child
	799	+	10 or his or her guardian, or to the issuing agency.
	800	+	11 (r) The Department shall promulgate regulations
	801	+	12 encouraging all adoption agencies to voluntarily forward to
	802	+	13 the Department or its agent names and addresses of all persons
	803	+	14 who have applied for and have been approved for adoption of a
	804	+	15 hard-to-place child or child with a disability and the names
	805	+	16 of such children who have not been placed for adoption. A list
	806	+	17 of such names and addresses shall be maintained by the
	807	+	18 Department or its agent, and coded lists which maintain the
	808	+	19 confidentiality of the person seeking to adopt the child and
	809	+	20 of the child shall be made available, without charge, to every
	810	+	21 adoption agency in the State to assist the agencies in placing
	811	+	22 such children for adoption. The Department may delegate to an
	812	+	23 agent its duty to maintain and make available such lists. The
	813	+	24 Department shall ensure that such agent maintains the
	814	+	25 confidentiality of the person seeking to adopt the child and
	815	+	26 of the child.
	816	+
	817	+
	818	+
	819	+
	820	+
	821	+	HB3705 Enrolled - 23 - LRB103 24994 KTG 51328 b
	822	+
	823	+
	824	+	HB3705 Enrolled- 24 -LRB103 24994 KTG 51328 b HB3705 Enrolled - 24 - LRB103 24994 KTG 51328 b
	825	+	HB3705 Enrolled - 24 - LRB103 24994 KTG 51328 b
	826	+	1 (s) The Department of Children and Family Services may
	827	+	2 establish and implement a program to reimburse Department and
	828	+	3 private child welfare agency foster parents licensed by the
	829	+	4 Department of Children and Family Services for damages
	830	+	5 sustained by the foster parents as a result of the malicious or
	831	+	6 negligent acts of foster children, as well as providing third
	832	+	7 party coverage for such foster parents with regard to actions
	833	+	8 of foster children to other individuals. Such coverage will be
	834	+	9 secondary to the foster parent liability insurance policy, if
	835	+	10 applicable. The program shall be funded through appropriations
	836	+	11 from the General Revenue Fund, specifically designated for
	837	+	12 such purposes.
	838	+	13 (t) The Department shall perform home studies and
	839	+	14 investigations and shall exercise supervision over visitation
	840	+	15 as ordered by a court pursuant to the Illinois Marriage and
	841	+	16 Dissolution of Marriage Act or the Adoption Act only if:
	842	+	17 (1) an order entered by an Illinois court specifically
	843	+	18 directs the Department to perform such services; and
	844	+	19 (2) the court has ordered one or both of the parties to
	845	+	20 the proceeding to reimburse the Department for its
	846	+	21 reasonable costs for providing such services in accordance
	847	+	22 with Department rules, or has determined that neither
	848	+	23 party is financially able to pay.
	849	+	24 The Department shall provide written notification to the
	850	+	25 court of the specific arrangements for supervised visitation
	851	+	26 and projected monthly costs within 60 days of the court order.
	852	+
	853	+
	854	+
	855	+
	856	+
	857	+	HB3705 Enrolled - 24 - LRB103 24994 KTG 51328 b
	858	+
	859	+
	860	+	HB3705 Enrolled- 25 -LRB103 24994 KTG 51328 b HB3705 Enrolled - 25 - LRB103 24994 KTG 51328 b
	861	+	HB3705 Enrolled - 25 - LRB103 24994 KTG 51328 b
	862	+	1 The Department shall send to the court information related to
	863	+	2 the costs incurred except in cases where the court has
	864	+	3 determined the parties are financially unable to pay. The
	865	+	4 court may order additional periodic reports as appropriate.
	866	+	5 (u) In addition to other information that must be
	867	+	6 provided, whenever the Department places a child with a
	868	+	7 prospective adoptive parent or parents, in a licensed foster
	869	+	8 home, group home, or child care institution, or in a relative
	870	+	9 home, the Department shall provide to the prospective adoptive
	871	+	10 parent or parents or other caretaker:
	872	+	11 (1) available detailed information concerning the
	873	+	12 child's educational and health history, copies of
	874	+	13 immunization records (including insurance and medical card
	875	+	14 information), a history of the child's previous
	876	+	15 placements, if any, and reasons for placement changes
	877	+	16 excluding any information that identifies or reveals the
	878	+	17 location of any previous caretaker;
	879	+	18 (2) a copy of the child's portion of the client
	880	+	19 service plan, including any visitation arrangement, and
	881	+	20 all amendments or revisions to it as related to the child;
	882	+	21 and
	883	+	22 (3) information containing details of the child's
	884	+	23 individualized educational plan when the child is
	885	+	24 receiving special education services.
	886	+	25 The caretaker shall be informed of any known social or
	887	+	26 behavioral information (including, but not limited to,
	888	+
	889	+
	890	+
	891	+
	892	+
	893	+	HB3705 Enrolled - 25 - LRB103 24994 KTG 51328 b
	894	+
	895	+
	896	+	HB3705 Enrolled- 26 -LRB103 24994 KTG 51328 b HB3705 Enrolled - 26 - LRB103 24994 KTG 51328 b
	897	+	HB3705 Enrolled - 26 - LRB103 24994 KTG 51328 b
	898	+	1 criminal background, fire setting, perpetuation of sexual
	899	+	2 abuse, destructive behavior, and substance abuse) necessary to
	900	+	3 care for and safeguard the children to be placed or currently
	901	+	4 in the home. The Department may prepare a written summary of
	902	+	5 the information required by this paragraph, which may be
	903	+	6 provided to the foster or prospective adoptive parent in
	904	+	7 advance of a placement. The foster or prospective adoptive
	905	+	8 parent may review the supporting documents in the child's file
	906	+	9 in the presence of casework staff. In the case of an emergency
	907	+	10 placement, casework staff shall at least provide known
	908	+	11 information verbally, if necessary, and must subsequently
	909	+	12 provide the information in writing as required by this
	910	+	13 subsection.
	911	+	14 The information described in this subsection shall be
	912	+	15 provided in writing. In the case of emergency placements when
	913	+	16 time does not allow prior review, preparation, and collection
	914	+	17 of written information, the Department shall provide such
	915	+	18 information as it becomes available. Within 10 business days
	916	+	19 after placement, the Department shall obtain from the
	917	+	20 prospective adoptive parent or parents or other caretaker a
	918	+	21 signed verification of receipt of the information provided.
	919	+	22 Within 10 business days after placement, the Department shall
	920	+	23 provide to the child's guardian ad litem a copy of the
	921	+	24 information provided to the prospective adoptive parent or
	922	+	25 parents or other caretaker. The information provided to the
	923	+	26 prospective adoptive parent or parents or other caretaker
	924	+
	925	+
	926	+
	927	+
	928	+
	929	+	HB3705 Enrolled - 26 - LRB103 24994 KTG 51328 b
	930	+
	931	+
	932	+	HB3705 Enrolled- 27 -LRB103 24994 KTG 51328 b HB3705 Enrolled - 27 - LRB103 24994 KTG 51328 b
	933	+	HB3705 Enrolled - 27 - LRB103 24994 KTG 51328 b
	934	+	1 shall be reviewed and approved regarding accuracy at the
	935	+	2 supervisory level.
	936	+	3 (u-5) Effective July 1, 1995, only foster care placements
	937	+	4 licensed as foster family homes pursuant to the Child Care Act
	938	+	5 of 1969 shall be eligible to receive foster care payments from
	939	+	6 the Department. Relative caregivers who, as of July 1, 1995,
	940	+	7 were approved pursuant to approved relative placement rules
	941	+	8 previously promulgated by the Department at 89 Ill. Adm. Code
	942	+	9 335 and had submitted an application for licensure as a foster
	943	+	10 family home may continue to receive foster care payments only
	944	+	11 until the Department determines that they may be licensed as a
	945	+	12 foster family home or that their application for licensure is
	946	+	13 denied or until September 30, 1995, whichever occurs first.
	947	+	14 (v) The Department shall access criminal history record
	948	+	15 information as defined in the Illinois Uniform Conviction
	949	+	16 Information Act and information maintained in the adjudicatory
	950	+	17 and dispositional record system as defined in Section 2605-355
	951	+	18 of the Illinois State Police Law if the Department determines
	952	+	19 the information is necessary to perform its duties under the
	953	+	20 Abused and Neglected Child Reporting Act, the Child Care Act
	954	+	21 of 1969, and the Children and Family Services Act. The
	955	+	22 Department shall provide for interactive computerized
	956	+	23 communication and processing equipment that permits direct
	957	+	24 on-line communication with the Illinois State Police's central
	958	+	25 criminal history data repository. The Department shall comply
	959	+	26 with all certification requirements and provide certified
	960	+
	961	+
	962	+
	963	+
	964	+
	965	+	HB3705 Enrolled - 27 - LRB103 24994 KTG 51328 b
	966	+
	967	+
	968	+	HB3705 Enrolled- 28 -LRB103 24994 KTG 51328 b HB3705 Enrolled - 28 - LRB103 24994 KTG 51328 b
	969	+	HB3705 Enrolled - 28 - LRB103 24994 KTG 51328 b
	970	+	1 operators who have been trained by personnel from the Illinois
	971	+	2 State Police. In addition, one Office of the Inspector General
	972	+	3 investigator shall have training in the use of the criminal
	973	+	4 history information access system and have access to the
	974	+	5 terminal. The Department of Children and Family Services and
	975	+	6 its employees shall abide by rules and regulations established
	976	+	7 by the Illinois State Police relating to the access and
	977	+	8 dissemination of this information.
	978	+	9 (v-1) Prior to final approval for placement of a child,
	979	+	10 the Department shall conduct a criminal records background
	980	+	11 check of the prospective foster or adoptive parent, including
	981	+	12 fingerprint-based checks of national crime information
	982	+	13 databases. Final approval for placement shall not be granted
	983	+	14 if the record check reveals a felony conviction for child
	984	+	15 abuse or neglect, for spousal abuse, for a crime against
	985	+	16 children, or for a crime involving violence, including rape,
	986	+	17 sexual assault, or homicide, but not including other physical
	987	+	18 assault or battery, or if there is a felony conviction for
	988	+	19 physical assault, battery, or a drug-related offense committed
	989	+	20 within the past 5 years.
	990	+	21 (v-2) Prior to final approval for placement of a child,
	991	+	22 the Department shall check its child abuse and neglect
	992	+	23 registry for information concerning prospective foster and
	993	+	24 adoptive parents, and any adult living in the home. If any
	994	+	25 prospective foster or adoptive parent or other adult living in
	995	+	26 the home has resided in another state in the preceding 5 years,
	996	+
	997	+
	998	+
	999	+
	1000	+
	1001	+	HB3705 Enrolled - 28 - LRB103 24994 KTG 51328 b
	1002	+
	1003	+
	1004	+	HB3705 Enrolled- 29 -LRB103 24994 KTG 51328 b HB3705 Enrolled - 29 - LRB103 24994 KTG 51328 b
	1005	+	HB3705 Enrolled - 29 - LRB103 24994 KTG 51328 b
	1006	+	1 the Department shall request a check of that other state's
	1007	+	2 child abuse and neglect registry.
	1008	+	3 (w) Within 120 days of August 20, 1995 (the effective date
	1009	+	4 of Public Act 89-392), the Department shall prepare and submit
	1010	+	5 to the Governor and the General Assembly, a written plan for
	1011	+	6 the development of in-state licensed secure child care
	1012	+	7 facilities that care for children who are in need of secure
	1013	+	8 living arrangements for their health, safety, and well-being.
	1014	+	9 For purposes of this subsection, secure care facility shall
	1015	+	10 mean a facility that is designed and operated to ensure that
	1016	+	11 all entrances and exits from the facility, a building or a
	1017	+	12 distinct part of the building, are under the exclusive control
	1018	+	13 of the staff of the facility, whether or not the child has the
	1019	+	14 freedom of movement within the perimeter of the facility,
	1020	+	15 building, or distinct part of the building. The plan shall
	1021	+	16 include descriptions of the types of facilities that are
	1022	+	17 needed in Illinois; the cost of developing these secure care
	1023	+	18 facilities; the estimated number of placements; the potential
	1024	+	19 cost savings resulting from the movement of children currently
	1025	+	20 out-of-state who are projected to be returned to Illinois; the
	1026	+	21 necessary geographic distribution of these facilities in
	1027	+	22 Illinois; and a proposed timetable for development of such
	1028	+	23 facilities.
	1029	+	24 (x) The Department shall conduct annual credit history
	1030	+	25 checks to determine the financial history of children placed
	1031	+	26 under its guardianship pursuant to the Juvenile Court Act of
	1032	+
	1033	+
	1034	+
	1035	+
	1036	+
	1037	+	HB3705 Enrolled - 29 - LRB103 24994 KTG 51328 b
	1038	+
	1039	+
	1040	+	HB3705 Enrolled- 30 -LRB103 24994 KTG 51328 b HB3705 Enrolled - 30 - LRB103 24994 KTG 51328 b
	1041	+	HB3705 Enrolled - 30 - LRB103 24994 KTG 51328 b
	1042	+	1 1987. The Department shall conduct such credit checks starting
	1043	+	2 when a youth in care turns 12 years old and each year
	1044	+	3 thereafter for the duration of the guardianship as terminated
	1045	+	4 pursuant to the Juvenile Court Act of 1987. The Department
	1046	+	5 shall determine if financial exploitation of the child's
	1047	+	6 personal information has occurred. If financial exploitation
	1048	+	7 appears to have taken place or is presently ongoing, the
	1049	+	8 Department shall notify the proper law enforcement agency, the
	1050	+	9 proper State's Attorney, or the Attorney General.
	1051	+	10 (y) Beginning on July 22, 2010 (the effective date of
	1052	+	11 Public Act 96-1189), a child with a disability who receives
	1053	+	12 residential and educational services from the Department shall
	1054	+	13 be eligible to receive transition services in accordance with
	1055	+	14 Article 14 of the School Code from the age of 14.5 through age
	1056	+	15 21, inclusive, notwithstanding the child's residential
	1057	+	16 services arrangement. For purposes of this subsection, "child
	1058	+	17 with a disability" means a child with a disability as defined
	1059	+	18 by the federal Individuals with Disabilities Education
	1060	+	19 Improvement Act of 2004.
	1061	+	20 (z) The Department shall access criminal history record
	1062	+	21 information as defined as "background information" in this
	1063	+	22 subsection and criminal history record information as defined
	1064	+	23 in the Illinois Uniform Conviction Information Act for each
	1065	+	24 Department employee or Department applicant. Each Department
	1066	+	25 employee or Department applicant shall submit his or her
	1067	+	26 fingerprints to the Illinois State Police in the form and
	1068	+
	1069	+
	1070	+
	1071	+
	1072	+
	1073	+	HB3705 Enrolled - 30 - LRB103 24994 KTG 51328 b
	1074	+
	1075	+
	1076	+	HB3705 Enrolled- 31 -LRB103 24994 KTG 51328 b HB3705 Enrolled - 31 - LRB103 24994 KTG 51328 b
	1077	+	HB3705 Enrolled - 31 - LRB103 24994 KTG 51328 b
	1078	+	1 manner prescribed by the Illinois State Police. These
	1079	+	2 fingerprints shall be checked against the fingerprint records
	1080	+	3 now and hereafter filed in the Illinois State Police and the
	1081	+	4 Federal Bureau of Investigation criminal history records
	1082	+	5 databases. The Illinois State Police shall charge a fee for
	1083	+	6 conducting the criminal history record check, which shall be
	1084	+	7 deposited into the State Police Services Fund and shall not
	1085	+	8 exceed the actual cost of the record check. The Illinois State
	1086	+	9 Police shall furnish, pursuant to positive identification, all
	1087	+	10 Illinois conviction information to the Department of Children
	1088	+	11 and Family Services.
	1089	+	12 For purposes of this subsection:
	1090	+	13 "Background information" means all of the following:
	1091	+	14 (i) Upon the request of the Department of Children and
	1092	+	15 Family Services, conviction information obtained from the
	1093	+	16 Illinois State Police as a result of a fingerprint-based
	1094	+	17 criminal history records check of the Illinois criminal
	1095	+	18 history records database and the Federal Bureau of
	1096	+	19 Investigation criminal history records database concerning
	1097	+	20 a Department employee or Department applicant.
	1098	+	21 (ii) Information obtained by the Department of
	1099	+	22 Children and Family Services after performing a check of
	1100	+	23 the Illinois State Police's Sex Offender Database, as
	1101	+	24 authorized by Section 120 of the Sex Offender Community
	1102	+	25 Notification Law, concerning a Department employee or
	1103	+	26 Department applicant.
	1104	+
	1105	+
	1106	+
	1107	+
	1108	+
	1109	+	HB3705 Enrolled - 31 - LRB103 24994 KTG 51328 b
	1110	+
	1111	+
	1112	+	HB3705 Enrolled- 32 -LRB103 24994 KTG 51328 b HB3705 Enrolled - 32 - LRB103 24994 KTG 51328 b
	1113	+	HB3705 Enrolled - 32 - LRB103 24994 KTG 51328 b
	1114	+	1 (iii) Information obtained by the Department of
	1115	+	2 Children and Family Services after performing a check of
	1116	+	3 the Child Abuse and Neglect Tracking System (CANTS)
	1117	+	4 operated and maintained by the Department.
	1118	+	5 "Department employee" means a full-time or temporary
	1119	+	6 employee coded or certified within the State of Illinois
	1120	+	7 Personnel System.
	1121	+	8 "Department applicant" means an individual who has
	1122	+	9 conditional Department full-time or part-time work, a
	1123	+	10 contractor, an individual used to replace or supplement staff,
	1124	+	11 an academic intern, a volunteer in Department offices or on
	1125	+	12 Department contracts, a work-study student, an individual or
	1126	+	13 entity licensed by the Department, or an unlicensed service
	1127	+	14 provider who works as a condition of a contract or an agreement
	1128	+	15 and whose work may bring the unlicensed service provider into
	1129	+	16 contact with Department clients or client records.
	1130	+	17 (Source: P.A. 101-13, eff. 6-12-19; 101-79, eff. 7-12-19;
	1131	+	18 101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 102-558, eff.
	1132	+	19 8-20-21; 102-1014, eff. 5-27-22.)
	1133	+
	1134	+
	1135	+
	1136	+
	1137	+
	1138	+	HB3705 Enrolled - 32 - LRB103 24994 KTG 51328 b