Illinois 2023 2023-2024 Regular Session

Illinois House Bill HB3896 Introduced / Bill

Filed 02/17/2023

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3896 Introduced 2/17/2023, by Rep. Lance Yednock SYNOPSIS AS INTRODUCED: 15 ILCS 335/4C20 ILCS 505/5 from Ch. 23, par. 5005 20 ILCS 2605/2605-375 was 20 ILCS 2605/55a in part 50 ILCS 722/10 55 ILCS 5/5-1090 from Ch. 34, par. 5-1090 60 ILCS 1/215-15 65 ILCS 5/11-5.2-3 from Ch. 24, par. 11-5.2-3 325 ILCS 40/3 from Ch. 23, par. 2253 325 ILCS 40/6 from Ch. 23, par. 2256 325 ILCS 40/7 from Ch. 23, par. 2257 325 ILCS 50/1 from Ch. 23, par. 2281 325 ILCS 55/1 from Ch. 23, par. 2271 Amends the Illinois State Police Law of the Civil Administrative Code of Illinois. Provides that the Illinois State Police shall create the Be on the Lookout System (BOLO) in the Law Enforcement Agencies Data System (LEADS) that would alert the Missing Persons Awareness Network when an endangered missing youth is entered into LEADS. Provides that the Illinois State Police shall coordinate with the Missing Persons Awareness Network to reach out to the affected family and take the first steps in assisting the family in finding the missing youth. Amends the Missing Persons Identification Act. Defines "endangered missing youth". Provides that an endangered missing youth shall be considered a high-risk missing person and the youth's information shall be immediately inserted into LEADS following the assignment of a case number to the youth's case. In various Acts and Codes, replaces references to "runaway" youth with "missing" youth. LRB103 27292 AWJ 53663 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3896 Introduced 2/17/2023, by Rep. Lance Yednock SYNOPSIS AS INTRODUCED: 15 ILCS 335/4C20 ILCS 505/5 from Ch. 23, par. 5005 20 ILCS 2605/2605-375 was 20 ILCS 2605/55a in part 50 ILCS 722/10 55 ILCS 5/5-1090 from Ch. 34, par. 5-1090 60 ILCS 1/215-15 65 ILCS 5/11-5.2-3 from Ch. 24, par. 11-5.2-3 325 ILCS 40/3 from Ch. 23, par. 2253 325 ILCS 40/6 from Ch. 23, par. 2256 325 ILCS 40/7 from Ch. 23, par. 2257 325 ILCS 50/1 from Ch. 23, par. 2281 325 ILCS 55/1 from Ch. 23, par. 2271 15 ILCS 335/4C 20 ILCS 505/5 from Ch. 23, par. 5005 20 ILCS 2605/2605-375 was 20 ILCS 2605/55a in part 50 ILCS 722/10 55 ILCS 5/5-1090 from Ch. 34, par. 5-1090 60 ILCS 1/215-15 65 ILCS 5/11-5.2-3 from Ch. 24, par. 11-5.2-3 325 ILCS 40/3 from Ch. 23, par. 2253 325 ILCS 40/6 from Ch. 23, par. 2256 325 ILCS 40/7 from Ch. 23, par. 2257 325 ILCS 50/1 from Ch. 23, par. 2281 325 ILCS 55/1 from Ch. 23, par. 2271 Amends the Illinois State Police Law of the Civil Administrative Code of Illinois. Provides that the Illinois State Police shall create the Be on the Lookout System (BOLO) in the Law Enforcement Agencies Data System (LEADS) that would alert the Missing Persons Awareness Network when an endangered missing youth is entered into LEADS. Provides that the Illinois State Police shall coordinate with the Missing Persons Awareness Network to reach out to the affected family and take the first steps in assisting the family in finding the missing youth. Amends the Missing Persons Identification Act. Defines "endangered missing youth". Provides that an endangered missing youth shall be considered a high-risk missing person and the youth's information shall be immediately inserted into LEADS following the assignment of a case number to the youth's case. In various Acts and Codes, replaces references to "runaway" youth with "missing" youth. LRB103 27292 AWJ 53663 b LRB103 27292 AWJ 53663 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3896 Introduced 2/17/2023, by Rep. Lance Yednock SYNOPSIS AS INTRODUCED:
15 ILCS 335/4C20 ILCS 505/5 from Ch. 23, par. 5005 20 ILCS 2605/2605-375 was 20 ILCS 2605/55a in part 50 ILCS 722/10 55 ILCS 5/5-1090 from Ch. 34, par. 5-1090 60 ILCS 1/215-15 65 ILCS 5/11-5.2-3 from Ch. 24, par. 11-5.2-3 325 ILCS 40/3 from Ch. 23, par. 2253 325 ILCS 40/6 from Ch. 23, par. 2256 325 ILCS 40/7 from Ch. 23, par. 2257 325 ILCS 50/1 from Ch. 23, par. 2281 325 ILCS 55/1 from Ch. 23, par. 2271 15 ILCS 335/4C 20 ILCS 505/5 from Ch. 23, par. 5005 20 ILCS 2605/2605-375 was 20 ILCS 2605/55a in part 50 ILCS 722/10 55 ILCS 5/5-1090 from Ch. 34, par. 5-1090 60 ILCS 1/215-15 65 ILCS 5/11-5.2-3 from Ch. 24, par. 11-5.2-3 325 ILCS 40/3 from Ch. 23, par. 2253 325 ILCS 40/6 from Ch. 23, par. 2256 325 ILCS 40/7 from Ch. 23, par. 2257 325 ILCS 50/1 from Ch. 23, par. 2281 325 ILCS 55/1 from Ch. 23, par. 2271
15 ILCS 335/4C
20 ILCS 505/5 from Ch. 23, par. 5005
20 ILCS 2605/2605-375 was 20 ILCS 2605/55a in part
50 ILCS 722/10
55 ILCS 5/5-1090 from Ch. 34, par. 5-1090
60 ILCS 1/215-15
65 ILCS 5/11-5.2-3 from Ch. 24, par. 11-5.2-3
325 ILCS 40/3 from Ch. 23, par. 2253
325 ILCS 40/6 from Ch. 23, par. 2256
325 ILCS 40/7 from Ch. 23, par. 2257
325 ILCS 50/1 from Ch. 23, par. 2281
325 ILCS 55/1 from Ch. 23, par. 2271
Amends the Illinois State Police Law of the Civil Administrative Code of Illinois. Provides that the Illinois State Police shall create the Be on the Lookout System (BOLO) in the Law Enforcement Agencies Data System (LEADS) that would alert the Missing Persons Awareness Network when an endangered missing youth is entered into LEADS. Provides that the Illinois State Police shall coordinate with the Missing Persons Awareness Network to reach out to the affected family and take the first steps in assisting the family in finding the missing youth. Amends the Missing Persons Identification Act. Defines "endangered missing youth". Provides that an endangered missing youth shall be considered a high-risk missing person and the youth's information shall be immediately inserted into LEADS following the assignment of a case number to the youth's case. In various Acts and Codes, replaces references to "runaway" youth with "missing" youth.
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A BILL FOR
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1 AN ACT concerning government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Identification Card Act is amended
5 by changing Section 4C as follows:
6 (15 ILCS 335/4C)
7 Sec. 4C. Homeless person status. For the purposes of this
8 Act, an individual's status as a "homeless person" may be
9 verified by a human services, legal services, or other worker
10 that has knowledge of the individual's housing status,
11 including, but not limited to:
12 (1) a homeless service agency receiving federal,
13 State, county, or municipal funding to provide those
14 services or otherwise sanctioned by local continuum of
15 care;
16 (2) an attorney licensed to practice in the State of
17 Illinois;
18 (3) a public school homeless liaison or school social
19 worker; or
20 (4) a human services provider funded by the State of
21 Illinois to serve homeless or missing runaway youth,
22 individuals with mental illness, or individuals with
23 addictions.

15 ILCS 335/4C
20 ILCS 505/5 from Ch. 23, par. 5005
20 ILCS 2605/2605-375 was 20 ILCS 2605/55a in part
50 ILCS 722/10
55 ILCS 5/5-1090 from Ch. 34, par. 5-1090
60 ILCS 1/215-15
65 ILCS 5/11-5.2-3 from Ch. 24, par. 11-5.2-3
325 ILCS 40/3 from Ch. 23, par. 2253
325 ILCS 40/6 from Ch. 23, par. 2256
325 ILCS 40/7 from Ch. 23, par. 2257
325 ILCS 50/1 from Ch. 23, par. 2281
325 ILCS 55/1 from Ch. 23, par. 2271

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1 Individuals who are homeless must not be charged for this
2 verification. The Secretary of State by rule shall establish
3 standards and procedures consistent with this Section for
4 waiver of the Illinois Identification Care fee based on
5 homelessness, which shall include the name and address of the
6 individual and the agency providing verification of
7 homelessness. Any falsification of this official record is
8 subject to penalty.
9 (Source: P.A. 96-183, eff. 7-1-10; 96-1000, eff. 7-2-10.)
10 Section 10. The Children and Family Services Act is
11 amended by changing Section 5 as follows:
12 (20 ILCS 505/5) (from Ch. 23, par. 5005)
13 Sec. 5. Direct child welfare services; Department of
14 Children and Family Services. To provide direct child welfare
15 services when not available through other public or private
16 child care or program facilities.
17 (a) For purposes of this Section:
18 (1) "Children" means persons found within the State
19 who are under the age of 18 years. The term also includes
20 persons under age 21 who:
21 (A) were committed to the Department pursuant to
22 the Juvenile Court Act or the Juvenile Court Act of
23 1987 and who continue under the jurisdiction of the
24 court; or

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1 (B) were accepted for care, service and training
2 by the Department prior to the age of 18 and whose best
3 interest in the discretion of the Department would be
4 served by continuing that care, service and training
5 because of severe emotional disturbances, physical
6 disability, social adjustment or any combination
7 thereof, or because of the need to complete an
8 educational or vocational training program.
9 (2) "Homeless youth" means persons found within the
10 State who are under the age of 19, are not in a safe and
11 stable living situation and cannot be reunited with their
12 families.
13 (3) "Child welfare services" means public social
14 services which are directed toward the accomplishment of
15 the following purposes:
16 (A) protecting and promoting the health, safety
17 and welfare of children, including homeless,
18 dependent, or neglected children;
19 (B) remedying, or assisting in the solution of
20 problems which may result in, the neglect, abuse,
21 exploitation, or delinquency of children;
22 (C) preventing the unnecessary separation of
23 children from their families by identifying family
24 problems, assisting families in resolving their
25 problems, and preventing the breakup of the family
26 where the prevention of child removal is desirable and

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1 possible when the child can be cared for at home
2 without endangering the child's health and safety;
3 (D) restoring to their families children who have
4 been removed, by the provision of services to the
5 child and the families when the child can be cared for
6 at home without endangering the child's health and
7 safety;
8 (E) placing children in suitable adoptive homes,
9 in cases where restoration to the biological family is
10 not safe, possible, or appropriate;
11 (F) assuring safe and adequate care of children
12 away from their homes, in cases where the child cannot
13 be returned home or cannot be placed for adoption. At
14 the time of placement, the Department shall consider
15 concurrent planning, as described in subsection (l-1)
16 of this Section so that permanency may occur at the
17 earliest opportunity. Consideration should be given so
18 that if reunification fails or is delayed, the
19 placement made is the best available placement to
20 provide permanency for the child;
21 (G) (blank);
22 (H) (blank); and
23 (I) placing and maintaining children in facilities
24 that provide separate living quarters for children
25 under the age of 18 and for children 18 years of age
26 and older, unless a child 18 years of age is in the

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1 last year of high school education or vocational
2 training, in an approved individual or group treatment
3 program, in a licensed shelter facility, or secure
4 child care facility. The Department is not required to
5 place or maintain children:
6 (i) who are in a foster home, or
7 (ii) who are persons with a developmental
8 disability, as defined in the Mental Health and
9 Developmental Disabilities Code, or
10 (iii) who are female children who are
11 pregnant, pregnant and parenting, or parenting, or
12 (iv) who are siblings, in facilities that
13 provide separate living quarters for children 18
14 years of age and older and for children under 18
15 years of age.
16 (b) (Blank).
17 (c) The Department shall establish and maintain
18 tax-supported child welfare services and extend and seek to
19 improve voluntary services throughout the State, to the end
20 that services and care shall be available on an equal basis
21 throughout the State to children requiring such services.
22 (d) The Director may authorize advance disbursements for
23 any new program initiative to any agency contracting with the
24 Department. As a prerequisite for an advance disbursement, the
25 contractor must post a surety bond in the amount of the advance
26 disbursement and have a purchase of service contract approved

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1 by the Department. The Department may pay up to 2 months
2 operational expenses in advance. The amount of the advance
3 disbursement shall be prorated over the life of the contract
4 or the remaining months of the fiscal year, whichever is less,
5 and the installment amount shall then be deducted from future
6 bills. Advance disbursement authorizations for new initiatives
7 shall not be made to any agency after that agency has operated
8 during 2 consecutive fiscal years. The requirements of this
9 Section concerning advance disbursements shall not apply with
10 respect to the following: payments to local public agencies
11 for child day care services as authorized by Section 5a of this
12 Act; and youth service programs receiving grant funds under
13 Section 17a-4.
14 (e) (Blank).
15 (f) (Blank).
16 (g) The Department shall establish rules and regulations
17 concerning its operation of programs designed to meet the
18 goals of child safety and protection, family preservation,
19 family reunification, and adoption, including, but not limited
20 to:
21 (1) adoption;
22 (2) foster care;
23 (3) family counseling;
24 (4) protective services;
25 (5) (blank);
26 (6) homemaker service;

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1 (7) return of missing runaway children;
2 (8) (blank);
3 (9) placement under Section 5-7 of the Juvenile Court
4 Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
5 Court Act of 1987 in accordance with the federal Adoption
6 Assistance and Child Welfare Act of 1980; and
7 (10) interstate services.
8 Rules and regulations established by the Department shall
9 include provisions for training Department staff and the staff
10 of Department grantees, through contracts with other agencies
11 or resources, in screening techniques to identify substance
12 use disorders, as defined in the Substance Use Disorder Act,
13 approved by the Department of Human Services, as a successor
14 to the Department of Alcoholism and Substance Abuse, for the
15 purpose of identifying children and adults who should be
16 referred for an assessment at an organization appropriately
17 licensed by the Department of Human Services for substance use
18 disorder treatment.
19 (h) If the Department finds that there is no appropriate
20 program or facility within or available to the Department for
21 a youth in care and that no licensed private facility has an
22 adequate and appropriate program or none agrees to accept the
23 youth in care, the Department shall create an appropriate
24 individualized, program-oriented plan for such youth in care.
25 The plan may be developed within the Department or through
26 purchase of services by the Department to the extent that it is

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1 within its statutory authority to do.
2 (i) Service programs shall be available throughout the
3 State and shall include but not be limited to the following
4 services:
5 (1) case management;
6 (2) homemakers;
7 (3) counseling;
8 (4) parent education;
9 (5) day care; and
10 (6) emergency assistance and advocacy.
11 In addition, the following services may be made available
12 to assess and meet the needs of children and families:
13 (1) comprehensive family-based services;
14 (2) assessments;
15 (3) respite care; and
16 (4) in-home health services.
17 The Department shall provide transportation for any of the
18 services it makes available to children or families or for
19 which it refers children or families.
20 (j) The Department may provide categories of financial
21 assistance and education assistance grants, and shall
22 establish rules and regulations concerning the assistance and
23 grants, to persons who adopt children with physical or mental
24 disabilities, children who are older, or other hard-to-place
25 children who (i) immediately prior to their adoption were
26 youth in care or (ii) were determined eligible for financial

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1 assistance with respect to a prior adoption and who become
2 available for adoption because the prior adoption has been
3 dissolved and the parental rights of the adoptive parents have
4 been terminated or because the child's adoptive parents have
5 died. The Department may continue to provide financial
6 assistance and education assistance grants for a child who was
7 determined eligible for financial assistance under this
8 subsection (j) in the interim period beginning when the
9 child's adoptive parents died and ending with the finalization
10 of the new adoption of the child by another adoptive parent or
11 parents. The Department may also provide categories of
12 financial assistance and education assistance grants, and
13 shall establish rules and regulations for the assistance and
14 grants, to persons appointed guardian of the person under
15 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
16 4-25, or 5-740 of the Juvenile Court Act of 1987 for children
17 who were youth in care for 12 months immediately prior to the
18 appointment of the guardian.
19 The amount of assistance may vary, depending upon the
20 needs of the child and the adoptive parents, as set forth in
21 the annual assistance agreement. Special purpose grants are
22 allowed where the child requires special service but such
23 costs may not exceed the amounts which similar services would
24 cost the Department if it were to provide or secure them as
25 guardian of the child.
26 Any financial assistance provided under this subsection is

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1 inalienable by assignment, sale, execution, attachment,
2 garnishment, or any other remedy for recovery or collection of
3 a judgment or debt.
4 (j-5) The Department shall not deny or delay the placement
5 of a child for adoption if an approved family is available
6 either outside of the Department region handling the case, or
7 outside of the State of Illinois.
8 (k) The Department shall accept for care and training any
9 child who has been adjudicated neglected or abused, or
10 dependent committed to it pursuant to the Juvenile Court Act
11 or the Juvenile Court Act of 1987.
12 (l) The Department shall offer family preservation
13 services, as defined in Section 8.2 of the Abused and
14 Neglected Child Reporting Act, to help families, including
15 adoptive and extended families. Family preservation services
16 shall be offered (i) to prevent the placement of children in
17 substitute care when the children can be cared for at home or
18 in the custody of the person responsible for the children's
19 welfare, (ii) to reunite children with their families, or
20 (iii) to maintain an adoptive placement. Family preservation
21 services shall only be offered when doing so will not endanger
22 the children's health or safety. With respect to children who
23 are in substitute care pursuant to the Juvenile Court Act of
24 1987, family preservation services shall not be offered if a
25 goal other than those of subdivisions (A), (B), or (B-1) of
26 subsection (2) of Section 2-28 of that Act has been set, except

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1 that reunification services may be offered as provided in
2 paragraph (F) of subsection (2) of Section 2-28 of that Act.
3 Nothing in this paragraph shall be construed to create a
4 private right of action or claim on the part of any individual
5 or child welfare agency, except that when a child is the
6 subject of an action under Article II of the Juvenile Court Act
7 of 1987 and the child's service plan calls for services to
8 facilitate achievement of the permanency goal, the court
9 hearing the action under Article II of the Juvenile Court Act
10 of 1987 may order the Department to provide the services set
11 out in the plan, if those services are not provided with
12 reasonable promptness and if those services are available.
13 The Department shall notify the child and his family of
14 the Department's responsibility to offer and provide family
15 preservation services as identified in the service plan. The
16 child and his family shall be eligible for services as soon as
17 the report is determined to be "indicated". The Department may
18 offer services to any child or family with respect to whom a
19 report of suspected child abuse or neglect has been filed,
20 prior to concluding its investigation under Section 7.12 of
21 the Abused and Neglected Child Reporting Act. However, the
22 child's or family's willingness to accept services shall not
23 be considered in the investigation. The Department may also
24 provide services to any child or family who is the subject of
25 any report of suspected child abuse or neglect or may refer
26 such child or family to services available from other agencies

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1 in the community, even if the report is determined to be
2 unfounded, if the conditions in the child's or family's home
3 are reasonably likely to subject the child or family to future
4 reports of suspected child abuse or neglect. Acceptance of
5 such services shall be voluntary. The Department may also
6 provide services to any child or family after completion of a
7 family assessment, as an alternative to an investigation, as
8 provided under the "differential response program" provided
9 for in subsection (a-5) of Section 7.4 of the Abused and
10 Neglected Child Reporting Act.
11 The Department may, at its discretion except for those
12 children also adjudicated neglected or dependent, accept for
13 care and training any child who has been adjudicated addicted,
14 as a truant minor in need of supervision or as a minor
15 requiring authoritative intervention, under the Juvenile Court
16 Act or the Juvenile Court Act of 1987, but no such child shall
17 be committed to the Department by any court without the
18 approval of the Department. On and after January 1, 2015 (the
19 effective date of Public Act 98-803) and before January 1,
20 2017, a minor charged with a criminal offense under the
21 Criminal Code of 1961 or the Criminal Code of 2012 or
22 adjudicated delinquent shall not be placed in the custody of
23 or committed to the Department by any court, except (i) a minor
24 less than 16 years of age committed to the Department under
25 Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
26 for whom an independent basis of abuse, neglect, or dependency

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1 exists, which must be defined by departmental rule, or (iii) a
2 minor for whom the court has granted a supplemental petition
3 to reinstate wardship pursuant to subsection (2) of Section
4 2-33 of the Juvenile Court Act of 1987. On and after January 1,
5 2017, a minor charged with a criminal offense under the
6 Criminal Code of 1961 or the Criminal Code of 2012 or
7 adjudicated delinquent shall not be placed in the custody of
8 or committed to the Department by any court, except (i) a minor
9 less than 15 years of age committed to the Department under
10 Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
11 for whom an independent basis of abuse, neglect, or dependency
12 exists, which must be defined by departmental rule, or (iii) a
13 minor for whom the court has granted a supplemental petition
14 to reinstate wardship pursuant to subsection (2) of Section
15 2-33 of the Juvenile Court Act of 1987. An independent basis
16 exists when the allegations or adjudication of abuse, neglect,
17 or dependency do not arise from the same facts, incident, or
18 circumstances which give rise to a charge or adjudication of
19 delinquency. The Department shall assign a caseworker to
20 attend any hearing involving a youth in the care and custody of
21 the Department who is placed on aftercare release, including
22 hearings involving sanctions for violation of aftercare
23 release conditions and aftercare release revocation hearings.
24 As soon as is possible after August 7, 2009 (the effective
25 date of Public Act 96-134), the Department shall develop and
26 implement a special program of family preservation services to

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1 support intact, foster, and adoptive families who are
2 experiencing extreme hardships due to the difficulty and
3 stress of caring for a child who has been diagnosed with a
4 pervasive developmental disorder if the Department determines
5 that those services are necessary to ensure the health and
6 safety of the child. The Department may offer services to any
7 family whether or not a report has been filed under the Abused
8 and Neglected Child Reporting Act. The Department may refer
9 the child or family to services available from other agencies
10 in the community if the conditions in the child's or family's
11 home are reasonably likely to subject the child or family to
12 future reports of suspected child abuse or neglect. Acceptance
13 of these services shall be voluntary. The Department shall
14 develop and implement a public information campaign to alert
15 health and social service providers and the general public
16 about these special family preservation services. The nature
17 and scope of the services offered and the number of families
18 served under the special program implemented under this
19 paragraph shall be determined by the level of funding that the
20 Department annually allocates for this purpose. The term
21 "pervasive developmental disorder" under this paragraph means
22 a neurological condition, including, but not limited to,
23 Asperger's Syndrome and autism, as defined in the most recent
24 edition of the Diagnostic and Statistical Manual of Mental
25 Disorders of the American Psychiatric Association.
26 (l-1) The legislature recognizes that the best interests

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1 of the child require that the child be placed in the most
2 permanent living arrangement as soon as is practically
3 possible. To achieve this goal, the legislature directs the
4 Department of Children and Family Services to conduct
5 concurrent planning so that permanency may occur at the
6 earliest opportunity. Permanent living arrangements may
7 include prevention of placement of a child outside the home of
8 the family when the child can be cared for at home without
9 endangering the child's health or safety; reunification with
10 the family, when safe and appropriate, if temporary placement
11 is necessary; or movement of the child toward the most
12 permanent living arrangement and permanent legal status.
13 When determining reasonable efforts to be made with
14 respect to a child, as described in this subsection, and in
15 making such reasonable efforts, the child's health and safety
16 shall be the paramount concern.
17 When a child is placed in foster care, the Department
18 shall ensure and document that reasonable efforts were made to
19 prevent or eliminate the need to remove the child from the
20 child's home. The Department must make reasonable efforts to
21 reunify the family when temporary placement of the child
22 occurs unless otherwise required, pursuant to the Juvenile
23 Court Act of 1987. At any time after the dispositional hearing
24 where the Department believes that further reunification
25 services would be ineffective, it may request a finding from
26 the court that reasonable efforts are no longer appropriate.

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1 The Department is not required to provide further
2 reunification services after such a finding.
3 A decision to place a child in substitute care shall be
4 made with considerations of the child's health, safety, and
5 best interests. At the time of placement, consideration should
6 also be given so that if reunification fails or is delayed, the
7 placement made is the best available placement to provide
8 permanency for the child.
9 The Department shall adopt rules addressing concurrent
10 planning for reunification and permanency. The Department
11 shall consider the following factors when determining
12 appropriateness of concurrent planning:
13 (1) the likelihood of prompt reunification;
14 (2) the past history of the family;
15 (3) the barriers to reunification being addressed by
16 the family;
17 (4) the level of cooperation of the family;
18 (5) the foster parents' willingness to work with the
19 family to reunite;
20 (6) the willingness and ability of the foster family
21 to provide an adoptive home or long-term placement;
22 (7) the age of the child;
23 (8) placement of siblings.
24 (m) The Department may assume temporary custody of any
25 child if:
26 (1) it has received a written consent to such

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1 temporary custody signed by the parents of the child or by
2 the parent having custody of the child if the parents are
3 not living together or by the guardian or custodian of the
4 child if the child is not in the custody of either parent,
5 or
6 (2) the child is found in the State and neither a
7 parent, guardian nor custodian of the child can be
8 located.
9 If the child is found in his or her residence without a parent,
10 guardian, custodian, or responsible caretaker, the Department
11 may, instead of removing the child and assuming temporary
12 custody, place an authorized representative of the Department
13 in that residence until such time as a parent, guardian, or
14 custodian enters the home and expresses a willingness and
15 apparent ability to ensure the child's health and safety and
16 resume permanent charge of the child, or until a relative
17 enters the home and is willing and able to ensure the child's
18 health and safety and assume charge of the child until a
19 parent, guardian, or custodian enters the home and expresses
20 such willingness and ability to ensure the child's safety and
21 resume permanent charge. After a caretaker has remained in the
22 home for a period not to exceed 12 hours, the Department must
23 follow those procedures outlined in Section 2-9, 3-11, 4-8, or
24 5-415 of the Juvenile Court Act of 1987.
25 The Department shall have the authority, responsibilities
26 and duties that a legal custodian of the child would have

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1 pursuant to subsection (9) of Section 1-3 of the Juvenile
2 Court Act of 1987. Whenever a child is taken into temporary
3 custody pursuant to an investigation under the Abused and
4 Neglected Child Reporting Act, or pursuant to a referral and
5 acceptance under the Juvenile Court Act of 1987 of a minor in
6 limited custody, the Department, during the period of
7 temporary custody and before the child is brought before a
8 judicial officer as required by Section 2-9, 3-11, 4-8, or
9 5-415 of the Juvenile Court Act of 1987, shall have the
10 authority, responsibilities and duties that a legal custodian
11 of the child would have under subsection (9) of Section 1-3 of
12 the Juvenile Court Act of 1987.
13 The Department shall ensure that any child taken into
14 custody is scheduled for an appointment for a medical
15 examination.
16 A parent, guardian, or custodian of a child in the
17 temporary custody of the Department who would have custody of
18 the child if he were not in the temporary custody of the
19 Department may deliver to the Department a signed request that
20 the Department surrender the temporary custody of the child.
21 The Department may retain temporary custody of the child for
22 10 days after the receipt of the request, during which period
23 the Department may cause to be filed a petition pursuant to the
24 Juvenile Court Act of 1987. If a petition is so filed, the
25 Department shall retain temporary custody of the child until
26 the court orders otherwise. If a petition is not filed within

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1 the 10-day period, the child shall be surrendered to the
2 custody of the requesting parent, guardian, or custodian not
3 later than the expiration of the 10-day period, at which time
4 the authority and duties of the Department with respect to the
5 temporary custody of the child shall terminate.
6 (m-1) The Department may place children under 18 years of
7 age in a secure child care facility licensed by the Department
8 that cares for children who are in need of secure living
9 arrangements for their health, safety, and well-being after a
10 determination is made by the facility director and the
11 Director or the Director's designate prior to admission to the
12 facility subject to Section 2-27.1 of the Juvenile Court Act
13 of 1987. This subsection (m-1) does not apply to a child who is
14 subject to placement in a correctional facility operated
15 pursuant to Section 3-15-2 of the Unified Code of Corrections,
16 unless the child is a youth in care who was placed in the care
17 of the Department before being subject to placement in a
18 correctional facility and a court of competent jurisdiction
19 has ordered placement of the child in a secure care facility.
20 (n) The Department may place children under 18 years of
21 age in licensed child care facilities when in the opinion of
22 the Department, appropriate services aimed at family
23 preservation have been unsuccessful and cannot ensure the
24 child's health and safety or are unavailable and such
25 placement would be for their best interest. Payment for board,
26 clothing, care, training and supervision of any child placed

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1 in a licensed child care facility may be made by the
2 Department, by the parents or guardians of the estates of
3 those children, or by both the Department and the parents or
4 guardians, except that no payments shall be made by the
5 Department for any child placed in a licensed child care
6 facility for board, clothing, care, training and supervision
7 of such a child that exceed the average per capita cost of
8 maintaining and of caring for a child in institutions for
9 dependent or neglected children operated by the Department.
10 However, such restriction on payments does not apply in cases
11 where children require specialized care and treatment for
12 problems of severe emotional disturbance, physical disability,
13 social adjustment, or any combination thereof and suitable
14 facilities for the placement of such children are not
15 available at payment rates within the limitations set forth in
16 this Section. All reimbursements for services delivered shall
17 be absolutely inalienable by assignment, sale, attachment, or
18 garnishment or otherwise.
19 (n-1) The Department shall provide or authorize child
20 welfare services, aimed at assisting minors to achieve
21 sustainable self-sufficiency as independent adults, for any
22 minor eligible for the reinstatement of wardship pursuant to
23 subsection (2) of Section 2-33 of the Juvenile Court Act of
24 1987, whether or not such reinstatement is sought or allowed,
25 provided that the minor consents to such services and has not
26 yet attained the age of 21. The Department shall have

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1 responsibility for the development and delivery of services
2 under this Section. An eligible youth may access services
3 under this Section through the Department of Children and
4 Family Services or by referral from the Department of Human
5 Services. Youth participating in services under this Section
6 shall cooperate with the assigned case manager in developing
7 an agreement identifying the services to be provided and how
8 the youth will increase skills to achieve self-sufficiency. A
9 homeless shelter is not considered appropriate housing for any
10 youth receiving child welfare services under this Section. The
11 Department shall continue child welfare services under this
12 Section to any eligible minor until the minor becomes 21 years
13 of age, no longer consents to participate, or achieves
14 self-sufficiency as identified in the minor's service plan.
15 The Department of Children and Family Services shall create
16 clear, readable notice of the rights of former foster youth to
17 child welfare services under this Section and how such
18 services may be obtained. The Department of Children and
19 Family Services and the Department of Human Services shall
20 disseminate this information statewide. The Department shall
21 adopt regulations describing services intended to assist
22 minors in achieving sustainable self-sufficiency as
23 independent adults.
24 (o) The Department shall establish an administrative
25 review and appeal process for children and families who
26 request or receive child welfare services from the Department.

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1 Youth in care who are placed by private child welfare
2 agencies, and foster families with whom those youth are
3 placed, shall be afforded the same procedural and appeal
4 rights as children and families in the case of placement by the
5 Department, including the right to an initial review of a
6 private agency decision by that agency. The Department shall
7 ensure that any private child welfare agency, which accepts
8 youth in care for placement, affords those rights to children
9 and foster families. The Department shall accept for
10 administrative review and an appeal hearing a complaint made
11 by (i) a child or foster family concerning a decision
12 following an initial review by a private child welfare agency
13 or (ii) a prospective adoptive parent who alleges a violation
14 of subsection (j-5) of this Section. An appeal of a decision
15 concerning a change in the placement of a child shall be
16 conducted in an expedited manner. A court determination that a
17 current foster home placement is necessary and appropriate
18 under Section 2-28 of the Juvenile Court Act of 1987 does not
19 constitute a judicial determination on the merits of an
20 administrative appeal, filed by a former foster parent,
21 involving a change of placement decision.
22 (p) (Blank).
23 (q) The Department may receive and use, in their entirety,
24 for the benefit of children any gift, donation, or bequest of
25 money or other property which is received on behalf of such
26 children, or any financial benefits to which such children are

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1 or may become entitled while under the jurisdiction or care of
2 the Department, except that the benefits described in Section
3 5.46 must be used and conserved consistent with the provisions
4 under Section 5.46.
5 The Department shall set up and administer no-cost,
6 interest-bearing accounts in appropriate financial
7 institutions for children for whom the Department is legally
8 responsible and who have been determined eligible for
9 Veterans' Benefits, Social Security benefits, assistance
10 allotments from the armed forces, court ordered payments,
11 parental voluntary payments, Supplemental Security Income,
12 Railroad Retirement payments, Black Lung benefits, or other
13 miscellaneous payments. Interest earned by each account shall
14 be credited to the account, unless disbursed in accordance
15 with this subsection.
16 In disbursing funds from children's accounts, the
17 Department shall:
18 (1) Establish standards in accordance with State and
19 federal laws for disbursing money from children's
20 accounts. In all circumstances, the Department's
21 "Guardianship Administrator" or his or her designee must
22 approve disbursements from children's accounts. The
23 Department shall be responsible for keeping complete
24 records of all disbursements for each account for any
25 purpose.
26 (2) Calculate on a monthly basis the amounts paid from

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1 State funds for the child's board and care, medical care
2 not covered under Medicaid, and social services; and
3 utilize funds from the child's account, as covered by
4 regulation, to reimburse those costs. Monthly,
5 disbursements from all children's accounts, up to 1/12 of
6 $13,000,000, shall be deposited by the Department into the
7 General Revenue Fund and the balance over 1/12 of
8 $13,000,000 into the DCFS Children's Services Fund.
9 (3) Maintain any balance remaining after reimbursing
10 for the child's costs of care, as specified in item (2).
11 The balance shall accumulate in accordance with relevant
12 State and federal laws and shall be disbursed to the child
13 or his or her guardian, or to the issuing agency.
14 (r) The Department shall promulgate regulations
15 encouraging all adoption agencies to voluntarily forward to
16 the Department or its agent names and addresses of all persons
17 who have applied for and have been approved for adoption of a
18 hard-to-place child or child with a disability and the names
19 of such children who have not been placed for adoption. A list
20 of such names and addresses shall be maintained by the
21 Department or its agent, and coded lists which maintain the
22 confidentiality of the person seeking to adopt the child and
23 of the child shall be made available, without charge, to every
24 adoption agency in the State to assist the agencies in placing
25 such children for adoption. The Department may delegate to an
26 agent its duty to maintain and make available such lists. The

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1 Department shall ensure that such agent maintains the
2 confidentiality of the person seeking to adopt the child and
3 of the child.
4 (s) The Department of Children and Family Services may
5 establish and implement a program to reimburse Department and
6 private child welfare agency foster parents licensed by the
7 Department of Children and Family Services for damages
8 sustained by the foster parents as a result of the malicious or
9 negligent acts of foster children, as well as providing third
10 party coverage for such foster parents with regard to actions
11 of foster children to other individuals. Such coverage will be
12 secondary to the foster parent liability insurance policy, if
13 applicable. The program shall be funded through appropriations
14 from the General Revenue Fund, specifically designated for
15 such purposes.
16 (t) The Department shall perform home studies and
17 investigations and shall exercise supervision over visitation
18 as ordered by a court pursuant to the Illinois Marriage and
19 Dissolution of Marriage Act or the Adoption Act only if:
20 (1) an order entered by an Illinois court specifically
21 directs the Department to perform such services; and
22 (2) the court has ordered one or both of the parties to
23 the proceeding to reimburse the Department for its
24 reasonable costs for providing such services in accordance
25 with Department rules, or has determined that neither
26 party is financially able to pay.

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1 The Department shall provide written notification to the
2 court of the specific arrangements for supervised visitation
3 and projected monthly costs within 60 days of the court order.
4 The Department shall send to the court information related to
5 the costs incurred except in cases where the court has
6 determined the parties are financially unable to pay. The
7 court may order additional periodic reports as appropriate.
8 (u) In addition to other information that must be
9 provided, whenever the Department places a child with a
10 prospective adoptive parent or parents, in a licensed foster
11 home, group home, or child care institution, or in a relative
12 home, the Department shall provide to the prospective adoptive
13 parent or parents or other caretaker:
14 (1) available detailed information concerning the
15 child's educational and health history, copies of
16 immunization records (including insurance and medical card
17 information), a history of the child's previous
18 placements, if any, and reasons for placement changes
19 excluding any information that identifies or reveals the
20 location of any previous caretaker;
21 (2) a copy of the child's portion of the client
22 service plan, including any visitation arrangement, and
23 all amendments or revisions to it as related to the child;
24 and
25 (3) information containing details of the child's
26 individualized educational plan when the child is

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1 receiving special education services.
2 The caretaker shall be informed of any known social or
3 behavioral information (including, but not limited to,
4 criminal background, fire setting, perpetuation of sexual
5 abuse, destructive behavior, and substance abuse) necessary to
6 care for and safeguard the children to be placed or currently
7 in the home. The Department may prepare a written summary of
8 the information required by this paragraph, which may be
9 provided to the foster or prospective adoptive parent in
10 advance of a placement. The foster or prospective adoptive
11 parent may review the supporting documents in the child's file
12 in the presence of casework staff. In the case of an emergency
13 placement, casework staff shall at least provide known
14 information verbally, if necessary, and must subsequently
15 provide the information in writing as required by this
16 subsection.
17 The information described in this subsection shall be
18 provided in writing. In the case of emergency placements when
19 time does not allow prior review, preparation, and collection
20 of written information, the Department shall provide such
21 information as it becomes available. Within 10 business days
22 after placement, the Department shall obtain from the
23 prospective adoptive parent or parents or other caretaker a
24 signed verification of receipt of the information provided.
25 Within 10 business days after placement, the Department shall
26 provide to the child's guardian ad litem a copy of the

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1 information provided to the prospective adoptive parent or
2 parents or other caretaker. The information provided to the
3 prospective adoptive parent or parents or other caretaker
4 shall be reviewed and approved regarding accuracy at the
5 supervisory level.
6 (u-5) Effective July 1, 1995, only foster care placements
7 licensed as foster family homes pursuant to the Child Care Act
8 of 1969 shall be eligible to receive foster care payments from
9 the Department. Relative caregivers who, as of July 1, 1995,
10 were approved pursuant to approved relative placement rules
11 previously promulgated by the Department at 89 Ill. Adm. Code
12 335 and had submitted an application for licensure as a foster
13 family home may continue to receive foster care payments only
14 until the Department determines that they may be licensed as a
15 foster family home or that their application for licensure is
16 denied or until September 30, 1995, whichever occurs first.
17 (v) The Department shall access criminal history record
18 information as defined in the Illinois Uniform Conviction
19 Information Act and information maintained in the adjudicatory
20 and dispositional record system as defined in Section 2605-355
21 of the Illinois State Police Law if the Department determines
22 the information is necessary to perform its duties under the
23 Abused and Neglected Child Reporting Act, the Child Care Act
24 of 1969, and the Children and Family Services Act. The
25 Department shall provide for interactive computerized
26 communication and processing equipment that permits direct

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1 on-line communication with the Illinois State Police's central
2 criminal history data repository. The Department shall comply
3 with all certification requirements and provide certified
4 operators who have been trained by personnel from the Illinois
5 State Police. In addition, one Office of the Inspector General
6 investigator shall have training in the use of the criminal
7 history information access system and have access to the
8 terminal. The Department of Children and Family Services and
9 its employees shall abide by rules and regulations established
10 by the Illinois State Police relating to the access and
11 dissemination of this information.
12 (v-1) Prior to final approval for placement of a child,
13 the Department shall conduct a criminal records background
14 check of the prospective foster or adoptive parent, including
15 fingerprint-based checks of national crime information
16 databases. Final approval for placement shall not be granted
17 if the record check reveals a felony conviction for child
18 abuse or neglect, for spousal abuse, for a crime against
19 children, or for a crime involving violence, including rape,
20 sexual assault, or homicide, but not including other physical
21 assault or battery, or if there is a felony conviction for
22 physical assault, battery, or a drug-related offense committed
23 within the past 5 years.
24 (v-2) Prior to final approval for placement of a child,
25 the Department shall check its child abuse and neglect
26 registry for information concerning prospective foster and

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1 adoptive parents, and any adult living in the home. If any
2 prospective foster or adoptive parent or other adult living in
3 the home has resided in another state in the preceding 5 years,
4 the Department shall request a check of that other state's
5 child abuse and neglect registry.
6 (w) Within 120 days of August 20, 1995 (the effective date
7 of Public Act 89-392), the Department shall prepare and submit
8 to the Governor and the General Assembly, a written plan for
9 the development of in-state licensed secure child care
10 facilities that care for children who are in need of secure
11 living arrangements for their health, safety, and well-being.
12 For purposes of this subsection, secure care facility shall
13 mean a facility that is designed and operated to ensure that
14 all entrances and exits from the facility, a building or a
15 distinct part of the building, are under the exclusive control
16 of the staff of the facility, whether or not the child has the
17 freedom of movement within the perimeter of the facility,
18 building, or distinct part of the building. The plan shall
19 include descriptions of the types of facilities that are
20 needed in Illinois; the cost of developing these secure care
21 facilities; the estimated number of placements; the potential
22 cost savings resulting from the movement of children currently
23 out-of-state who are projected to be returned to Illinois; the
24 necessary geographic distribution of these facilities in
25 Illinois; and a proposed timetable for development of such
26 facilities.

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1 (x) The Department shall conduct annual credit history
2 checks to determine the financial history of children placed
3 under its guardianship pursuant to the Juvenile Court Act of
4 1987. The Department shall conduct such credit checks starting
5 when a youth in care turns 12 years old and each year
6 thereafter for the duration of the guardianship as terminated
7 pursuant to the Juvenile Court Act of 1987. The Department
8 shall determine if financial exploitation of the child's
9 personal information has occurred. If financial exploitation
10 appears to have taken place or is presently ongoing, the
11 Department shall notify the proper law enforcement agency, the
12 proper State's Attorney, or the Attorney General.
13 (y) Beginning on July 22, 2010 (the effective date of
14 Public Act 96-1189), a child with a disability who receives
15 residential and educational services from the Department shall
16 be eligible to receive transition services in accordance with
17 Article 14 of the School Code from the age of 14.5 through age
18 21, inclusive, notwithstanding the child's residential
19 services arrangement. For purposes of this subsection, "child
20 with a disability" means a child with a disability as defined
21 by the federal Individuals with Disabilities Education
22 Improvement Act of 2004.
23 (z) The Department shall access criminal history record
24 information as defined as "background information" in this
25 subsection and criminal history record information as defined
26 in the Illinois Uniform Conviction Information Act for each

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1 Department employee or Department applicant. Each Department
2 employee or Department applicant shall submit his or her
3 fingerprints to the Illinois State Police in the form and
4 manner prescribed by the Illinois State Police. These
5 fingerprints shall be checked against the fingerprint records
6 now and hereafter filed in the Illinois State Police and the
7 Federal Bureau of Investigation criminal history records
8 databases. The Illinois State Police shall charge a fee for
9 conducting the criminal history record check, which shall be
10 deposited into the State Police Services Fund and shall not
11 exceed the actual cost of the record check. The Illinois State
12 Police shall furnish, pursuant to positive identification, all
13 Illinois conviction information to the Department of Children
14 and Family Services.
15 For purposes of this subsection:
16 "Background information" means all of the following:
17 (i) Upon the request of the Department of Children and
18 Family Services, conviction information obtained from the
19 Illinois State Police as a result of a fingerprint-based
20 criminal history records check of the Illinois criminal
21 history records database and the Federal Bureau of
22 Investigation criminal history records database concerning
23 a Department employee or Department applicant.
24 (ii) Information obtained by the Department of
25 Children and Family Services after performing a check of
26 the Illinois State Police's Sex Offender Database, as

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1 authorized by Section 120 of the Sex Offender Community
2 Notification Law, concerning a Department employee or
3 Department applicant.
4 (iii) Information obtained by the Department of
5 Children and Family Services after performing a check of
6 the Child Abuse and Neglect Tracking System (CANTS)
7 operated and maintained by the Department.
8 "Department employee" means a full-time or temporary
9 employee coded or certified within the State of Illinois
10 Personnel System.
11 "Department applicant" means an individual who has
12 conditional Department full-time or part-time work, a
13 contractor, an individual used to replace or supplement staff,
14 an academic intern, a volunteer in Department offices or on
15 Department contracts, a work-study student, an individual or
16 entity licensed by the Department, or an unlicensed service
17 provider who works as a condition of a contract or an agreement
18 and whose work may bring the unlicensed service provider into
19 contact with Department clients or client records.
20 (Source: P.A. 101-13, eff. 6-12-19; 101-79, eff. 7-12-19;
21 101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 102-558, eff.
22 8-20-21; 102-1014, eff. 5-27-22.)
23 Section 15. The Illinois State Police Law of the Civil
24 Administrative Code of Illinois is amended by changing Section
25 2605-375 as follows:

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1 (20 ILCS 2605/2605-375) (was 20 ILCS 2605/55a in part)
2 Sec. 2605-375. Missing persons; Law Enforcement Agencies
3 Data System (LEADS).
4 (a) To utilize the statewide Law Enforcement Agencies Data
5 System (LEADS) for the purpose of providing electronic access
6 by authorized entities to criminal justice data repositories
7 and effecting an immediate law enforcement response to reports
8 of missing persons, including lost or , missing or runaway
9 minors, lost or missing individuals with developmental or
10 intellectual disabilities, and missing endangered seniors. The
11 Illinois State Police shall implement an automatic data
12 exchange system to compile, to maintain, and to make available
13 to other law enforcement agencies for immediate dissemination
14 data that can assist appropriate agencies in recovering
15 missing persons and provide access by authorized entities to
16 various data repositories available through LEADS for criminal
17 justice and related purposes. To assist the Illinois State
18 Police in this effort, funds may be appropriated from the
19 LEADS Maintenance Fund. Funds may be appropriated from the
20 LEADS Maintenance Fund to the Illinois State Police to finance
21 any of its lawful purposes or functions in relation to
22 defraying the expenses associated with establishing,
23 maintaining, and supporting the issuance of electronic
24 citations.
25 (b) In exercising its duties under this Section, the

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1 Illinois State Police shall provide a uniform reporting format
2 (LEADS) for the entry of pertinent information regarding the
3 report of a missing person into LEADS. The report must include
4 all of the following:
5 (1) Relevant information obtained from the
6 notification concerning the missing person, including all
7 of the following:
8 (A) a physical description of the missing person;
9 (B) the date, time, and place that the missing
10 person was last seen; and
11 (C) the missing person's address.
12 (2) Information gathered by a preliminary
13 investigation, if one was made.
14 (3) A statement by the law enforcement officer in
15 charge stating the officer's assessment of the case based
16 on the evidence and information received.
17 (b-5) The Illinois State Police shall:
18 (1) Develop and implement a policy whereby a statewide
19 or regional alert would be used in situations relating to
20 the disappearances of individuals, based on criteria and
21 in a format established by the Illinois State Police. Such
22 a format shall include, but not be limited to, the age of
23 the missing person and the suspected circumstance of the
24 disappearance.
25 (2) Notify all law enforcement agencies that reports
26 of missing persons shall be entered as soon as the minimum

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1 level of data specified by the Illinois State Police is
2 available to the reporting agency and that no waiting
3 period for the entry of the data exists.
4 (3) Compile and retain information regarding lost,
5 abducted, or missing, or runaway minors in a separate data
6 file, in a manner that allows that information to be used
7 by law enforcement and other agencies deemed appropriate
8 by the Director, for investigative purposes. The
9 information shall include the disposition of all reported
10 lost, abducted, or missing, or runaway minor cases.
11 (4) Compile and maintain an historic data repository
12 relating to lost, abducted, or missing, or runaway minors
13 and other missing persons, including, but not limited to,
14 lost or missing individuals with developmental or
15 intellectual disabilities and missing endangered seniors,
16 in order to develop and improve techniques utilized by law
17 enforcement agencies when responding to reports of missing
18 persons.
19 (5) Create a quality control program regarding
20 confirmation of missing person data, timeliness of entries
21 of missing person reports into LEADS, and performance
22 audits of all entering agencies.
23 (6) Create the Be on the Lookout (BOLO) System in
24 LEADS that would alert the Missing Persons Awareness
25 Network or similar volunteer network when an endangered
26 missing youth is entered into LEADS. The Illinois State

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1 Police shall coordinate with the Missing Persons Awareness
2 Network or similar volunteer network as provided under
3 paragraph (5) of subsection (c) of Section 10 of the
4 Missing Persons Identification Act. As used in this
5 paragraph, "endangered missing youth" has the meaning
6 given to that term in Section 10 of the Missing Persons
7 Identification Act.
8 (c) The Illinois Law Enforcement Training Standards Board
9 shall conduct a training program for law enforcement personnel
10 of local governmental agencies in the Missing Persons
11 Identification Act.
12 (d) The Illinois State Police shall perform the duties
13 prescribed in the Missing Persons Identification Act, subject
14 to appropriation.
15 (Source: P.A. 102-538, eff. 8-20-21.)
16 Section 20. The Missing Persons Identification Act is
17 amended by changing Section 10 as follows:
18 (50 ILCS 722/10)
19 Sec. 10. Law enforcement analysis and reporting of missing
20 person information.
21 (a) Definitions. As used in this Section: Prompt
22 determination and definition of a high-risk missing person.
23 (1) Definition. "Endangered missing youth" means a person
24 age 18 or younger whose whereabouts are not currently known.

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1 All youth are assumed abducted until evidence proves that it
2 is a case of a runaway youth.
3 "High-risk missing person" means a person whose
4 whereabouts are not currently known and whose circumstances
5 indicate that the person may be at risk of injury or death. The
6 circumstances that indicate that a person is a high-risk
7 missing person include, but are not limited to, any of the
8 following:
9 (A) the person is missing as a result of a stranger
10 abduction;
11 (B) the person is missing under suspicious
12 circumstances;
13 (C) the person is missing under unknown circumstances;
14 (D) the person is missing under known dangerous
15 circumstances;
16 (E) the person is missing more than 30 days;
17 (F) the person has already been designated as a
18 high-risk missing person by another law enforcement
19 agency;
20 (G) there is evidence that the person is at risk
21 because:
22 (i) the person is in need of medical
23 attention, including but not limited to persons
24 with dementia-like symptoms, or prescription
25 medication;
26 (ii) the person does not have a pattern of

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1 running away or disappearing;
2 (iii) the person may have been abducted by a
3 non-custodial parent;
4 (iv) the person is mentally impaired,
5 including, but not limited to, a person having a
6 developmental disability, as defined in Section
7 1-106 of the Mental Health and Developmental
8 Disabilities Code, or a person having an
9 intellectual disability, as defined in Section
10 1-116 of the Mental Health and Developmental
11 Disabilities Code;
12 (v) the person is under the age of 21;
13 (vi) the person has been the subject of past
14 threats or acts of violence;
15 (vii) the person has eloped from a nursing
16 home;
17 (G-5) the person is a veteran or active duty member of
18 the United States Armed Forces, the National Guard, or any
19 reserve component of the United States Armed Forces who is
20 believed to have a physical or mental health condition
21 that is related to his or her service; or
22 (G-6) the person is an endangered missing youth; or
23 (H) any other factor that may, in the judgment of the
24 law enforcement official, indicate that the missing person
25 may be at risk.
26 (b) Law enforcement risk assessment.

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1 (1) Upon initial receipt of a missing person report,
2 the law enforcement agency shall immediately determine
3 whether there is a basis to determine that the missing
4 person is a high-risk missing person.
5 (2) If a law enforcement agency has previously
6 determined that a missing person is not a high-risk
7 missing person, but obtains new information, it shall
8 immediately determine whether the information indicates
9 that the missing person is a high-risk missing person.
10 (3) Law enforcement agencies are encouraged to
11 establish written protocols for the handling of missing
12 person cases to accomplish the purposes of this Act.
13 (c) Law enforcement reporting.
14 (1) The responding local law enforcement agency shall
15 immediately enter all collected information relating to
16 the missing person case in the Law Enforcement Agencies
17 Data System (LEADS) and the National Crime Information
18 Center (NCIC) databases and the National Missing and
19 Unidentified Persons System (NamUs) within 45 days after
20 the receipt of the report, or in the case of (i) a
21 high-risk high risk missing person, within 30 days after
22 the receipt of the report, or (ii) an endangered missing
23 youth, immediately following the assignment of a case
24 number to the endangered missing youth case. If the DNA
25 sample submission is to a National Missing and
26 Unidentified Persons System (NamUs) partner laboratory,

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1 the DNA profile may be uploaded by the partner laboratory
2 to the National DNA Index System (NDIS). A packet
3 submission of all relevant reports and DNA samples may be
4 sent to the National Missing and Unidentified Persons
5 System (NamUs) within 30 days for any high-risk missing
6 person cases. The information shall be provided in
7 accordance with applicable guidelines relating to the
8 databases. The information shall be entered as follows:
9 (A) If Illinois State Police laboratories are
10 utilized in lieu of National Missing and Unidentified
11 Persons System (NamUs) partner laboratories, all
12 appropriate DNA profiles, as determined by the
13 Illinois State Police, shall be uploaded into the
14 missing person databases of the State DNA Index System
15 (SDIS) and National DNA Index System (NDIS) after
16 completion of the DNA analysis and other procedures
17 required for database entry. The responding local law
18 enforcement agency may submit any DNA samples
19 voluntarily obtained from family members to a National
20 Missing and Unidentified Persons System (NamUs)
21 partner laboratory for DNA analysis within 30 days. A
22 notation of DNA submission may be made within the
23 National Missing and Unidentified Persons System
24 (NamUs) record.
25 (B) Information relevant to the Federal Bureau of
26 Investigation's Violent Criminal Apprehension Program

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1 shall be entered as soon as possible.
2 (C) The Illinois State Police shall ensure that
3 persons entering data relating to medical or dental
4 records in State or federal databases are specifically
5 trained to understand and correctly enter the
6 information sought by these databases. The Illinois
7 State Police shall either use a person with specific
8 expertise in medical or dental records for this
9 purpose or consult with a chief medical examiner,
10 forensic anthropologist, or odontologist to ensure the
11 accuracy and completeness of information entered into
12 the State and federal databases.
13 (2) The Illinois State Police shall immediately notify
14 all law enforcement agencies within this State and the
15 surrounding region of the information that will aid in the
16 prompt location and safe return of the high-risk missing
17 person.
18 (3) The local law enforcement agencies that receive
19 the notification from the Illinois State Police shall
20 notify officers to be on the lookout for the missing
21 person or a suspected abductor.
22 (4) Pursuant to any applicable State criteria, local
23 law enforcement agencies shall also provide for the prompt
24 use of an Amber Alert in cases involving abducted
25 children; or use of the Endangered Missing Person Advisory
26 in appropriate high-risk high risk cases, or use the Be on

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1 the Lookout (BOLO) System in endangered missing youth
2 cases;
3 (5) In cases where the Be on the Lookout (BOLO) System
4 has been triggered for an endangered missing youth, the
5 Missing Persons Action Network or similar volunteer
6 network must assign a liaison responsible for reaching out
7 to the family and assisting law enforcement and the family
8 in finding the endangered missing youth, as well as
9 putting the family in contact with the organization's
10 network of investigators.
11 (Source: P.A. 101-81, eff. 7-12-19; 101-266, eff. 1-1-21;
12 102-538, eff. 8-20-21.)
13 Section 25. The Counties Code is amended by changing
14 Section 5-1090 as follows:
15 (55 ILCS 5/5-1090) (from Ch. 34, par. 5-1090)
16 Sec. 5-1090. Missing Runaway or homeless youths. A county
17 board may annually appropriate funds to private nonprofit
18 organizations for the purpose of providing services to missing
19 runaway or homeless youths and their families. The services
20 may include temporary shelter, food, clothing, medical care,
21 transportation, individual and family counseling, and any
22 other service necessary to provide adequate temporary,
23 protective care for missing runaway or homeless youths, and to
24 reunite the youths with their parents or guardians. For the

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1 purposes of this Section, "missing runaway or homeless youth"
2 means a person under the age of 18, who is absent from his
3 legal residence without the consent of his parent or legal
4 guardian, or who is without a place of shelter where
5 supervision and care are available.
6 (Source: P.A. 86-962.)
7 Section 30. The Township Code is amended by changing
8 Section 215-15 as follows:
9 (60 ILCS 1/215-15)
10 Sec. 215-15. Missing Runaway or homeless youths. The
11 township board annually may appropriate funds to private
12 nonprofit organizations for the purpose of providing services
13 to missing runaway or homeless youths and their families. The
14 services may include temporary shelter, food, clothing,
15 medical care, transportation, individual and family
16 counseling, and any other service necessary to provide
17 adequate temporary, protective care for missing runaway or
18 homeless youths and to reunite the youths with their parents
19 or guardians. For purposes of this Section, "missing runaway
20 or homeless youth" means a person under the age of 18 years who
21 is absent from his legal residence without the consent of his
22 parent or legal guardian or who is without a place of shelter
23 where supervision and care are available.
24 (Source: P.A. 83-1284; 88-62.)

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1 Section 35. The Illinois Municipal Code is amended by
2 changing Section 11-5.2-3 as follows:
3 (65 ILCS 5/11-5.2-3) (from Ch. 24, par. 11-5.2-3)
4 Sec. 11-5.2-3. The corporate authorities of a municipality
5 annually may appropriate funds to private nonprofit
6 organizations for the purpose of providing services to missing
7 runaway or homeless youths and their families. Such services
8 may include temporary shelter, food, clothing, medical care,
9 transportation, individual and family counseling, and any
10 other service necessary to provide adequate temporary,
11 protective care for missing runaway or homeless youths, and to
12 reunite the youths with their parents or guardians. For the
13 purposes of this Section, "missing runaway or homeless youth"
14 means a person under the age of 18 years who is absent from his
15 legal residence without the consent of his parent or legal
16 guardian, or who is without a place of shelter where
17 supervision and care are available.
18 (Source: P.A. 83-1284.)
19 Section 40. The Intergovernmental Missing Child Recovery
20 Act of 1984 is amended by changing Sections 3, 6, and 7 as
21 follows:
22 (325 ILCS 40/3) (from Ch. 23, par. 2253)

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1 Sec. 3. The Illinois State Police shall establish a State
2 Missing Persons Clearinghouse as a resource to promote an
3 immediate and effective community response to missing children
4 and may engage in, but shall not be limited to, the following
5 activities:
6 (a) To establish and conduct programs to educate parents,
7 children and communities in ways to prevent the abduction of
8 children.
9 (b) To conduct training programs and distribute materials
10 providing guidelines for children when dealing with strangers,
11 casual acquaintances, or non-custodial parents, in order to
12 avoid abduction or kidnapping situations.
13 (c) To compile, maintain and make available data upon the
14 request of law enforcement agencies and other entities deemed
15 appropriate by the Illinois State Police to assist enforcement
16 agencies in recovering missing children, including but not
17 limited to data regarding the places of shelter commonly used
18 by missing runaway children in a requested geographical area.
19 (d) To draft and implement plans for the most efficient
20 use of available resources to publicize information regarding
21 missing children.
22 (e) To establish and maintain contacts with other state
23 missing persons clearinghouses, law enforcement agencies, and
24 missing persons non-profit organizations in order to increase
25 the probability of locating and returning missing children,
26 and to otherwise assist in the recovery and tracking of

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1 missing children.
2 (f) To coordinate the tracking and recovery of children
3 under the custody or guardianship of the Department of
4 Children and Family Services whose disappearance has been
5 reported and to produce an annual report indicating the number
6 of children under the custody or guardianship of that
7 Department who have been reported missing and the number who
8 have been recovered.
9 (g) To conduct other activities as may be necessary to
10 achieve the goals established by this Act.
11 (Source: P.A. 102-538, eff. 8-20-21.)
12 (325 ILCS 40/6) (from Ch. 23, par. 2256)
13 Sec. 6. The Illinois State Police shall:
14 (a) Utilize the statewide Law Enforcement Agencies Data
15 System (LEADS) for the purpose of effecting an immediate law
16 enforcement response to reports of missing children. The
17 Illinois State Police shall implement an automated data
18 exchange system to compile, to maintain and to make available
19 for dissemination to Illinois and out-of-State law enforcement
20 agencies, data which can assist appropriate agencies in
21 recovering missing children.
22 (b) Establish contacts and exchange information regarding
23 lost or , missing or runaway children with nationally
24 recognized "missing person and runaway" service organizations
25 and monitor national research and publicize important

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1 developments.
2 (c) Provide a uniform reporting format for the entry of
3 pertinent information regarding reports of missing children
4 into LEADS.
5 (d) Develop and implement a policy whereby a statewide or
6 regional alert would be used in situations relating to the
7 disappearances of children, based on criteria and in a format
8 established by the Illinois State Police. Such a format shall
9 include, but not be limited to, the age and physical
10 description of the missing child and the suspected
11 circumstances of the disappearance.
12 (e) Notify all law enforcement agencies that reports of
13 missing persons shall be entered as soon as the minimum level
14 of data specified by the Illinois State Police is available to
15 the reporting agency and that no waiting period for entry of
16 such data exists.
17 (f) Provide a procedure for prompt confirmation of the
18 receipt and entry of the missing child report into LEADS to the
19 parent or guardian of the missing child.
20 (g) Compile and retain information regarding missing
21 children in a separate data file, in a manner that allows such
22 information to be used by law enforcement and other agencies
23 deemed appropriate by the Director, for investigative
24 purposes. Such files shall be updated to reflect and include
25 information relating to the disposition of the case.
26 (h) Compile and maintain an historic data repository

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1 relating to missing children in order (1) to develop and
2 improve techniques utilized by law enforcement agencies when
3 responding to reports of missing children and (2) to provide a
4 factual and statistical base for research that would address
5 the problem of missing children.
6 (i) Create a quality control program to monitor timeliness
7 of entries of missing children reports into LEADS and conduct
8 performance audits of all entering agencies.
9 (j) Prepare a periodic information bulletin concerning
10 missing children who it determines may be present in this
11 State, compiling such bulletin from information contained in
12 both the National Crime Information Center computer and from
13 reports, alerts and other information entered into LEADS or
14 otherwise compiled and retained by the Illinois State Police
15 pursuant to this Act. The bulletin shall indicate the name,
16 age, physical description, suspected circumstances of
17 disappearance if that information is available, a photograph
18 if one is available, the name of the law enforcement agency
19 investigating the case, and such other information as the
20 Director considers appropriate concerning each missing child
21 who the Illinois State Police determines may be present in
22 this State. The Illinois State Police shall send a copy of each
23 periodic information bulletin to the State Board of Education
24 for its use in accordance with Section 2-3.48 of the School
25 Code. The Illinois State Police shall provide a copy of the
26 bulletin, upon request, to law enforcement agencies of this or

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1 any other state or of the federal government, and may provide a
2 copy of the bulletin, upon request, to other persons or
3 entities, if deemed appropriate by the Director, and may
4 establish limitations on its use and a reasonable fee for so
5 providing the same, except that no fee shall be charged for
6 providing the periodic information bulletin to the State Board
7 of Education, appropriate units of local government, State
8 agencies, or law enforcement agencies of this or any other
9 state or of the federal government.
10 (k) Provide for the entry into LEADS of the names and
11 addresses of sex offenders as defined in the Sex Offender
12 Registration Act who are required to register under that Act.
13 The information shall be immediately accessible to law
14 enforcement agencies and peace officers of this State or any
15 other state or of the federal government. Similar information
16 may be requested from any other state or of the federal
17 government for purposes of this Act.
18 (l) Provide for the entry into LEADS of the names and
19 addresses of violent offenders against youth as defined in the
20 Murderer and Violent Offender Against Youth Registration Act
21 who are required to register under that Act. The information
22 shall be immediately accessible to law enforcement agencies
23 and peace officers of this State or any other state or of the
24 federal government. Similar information may be requested from
25 any other state or of the federal government for purposes of
26 this Act.

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1 (Source: P.A. 102-538, eff. 8-20-21.)
2 (325 ILCS 40/7) (from Ch. 23, par. 2257)
3 Sec. 7. (a) All law enforcement agencies and policing
4 bodies of this State shall, upon receipt of a report of a
5 missing person, enter that report into LEADS as soon as the
6 minimum level of data specified pursuant to subsection (e) of
7 Section 6 is available and shall furnish the Illinois State
8 Police, in the form and detail the Illinois State Police
9 requires, (1) reports of cases of lost or , missing or runaway
10 children as they arise and the disposition of such cases, (2)
11 information relating to sex crimes which occurred in their
12 respective jurisdictions and which they investigated, and (3)
13 the names and addresses of sex offenders required to register
14 in their respective jurisdictions under the Sex Offender
15 Registration Act. Such information shall be submitted on a
16 regular basis, as deemed necessary by the Illinois State
17 Police, and shall be kept in a central automated data
18 repository for the purpose of establishing profiles of sex
19 offenders and victims and to assist all law enforcement
20 agencies in the identification and apprehension of sex
21 offenders.
22 (b) In addition to entering the report of a missing child
23 into LEADS as prescribed by subsection (a), all law
24 enforcement agencies shall, upon receipt of a report of a
25 missing child:

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1 (1) Immediately make a radio dispatch to officers on
2 duty at the time of receipt of the report. The dispatch
3 shall contain the name and approximate age of the missing
4 child and any other pertinent information available at
5 that time. In the event that the law enforcement agency
6 receiving the report of the missing child does not operate
7 a radio dispatch system, a geographically appropriate
8 radio dispatch system shall be used, such as the Illinois
9 State Police Emergency Radio Network or a similar
10 multi-agency law enforcement radio communication system
11 serving the area of the reporting agency.
12 In addition, in the event that a missing child is not
13 recovered during the work shift in which the radio
14 dispatch was made, the law enforcement agency receiving
15 the report of the missing child shall disseminate the
16 information relating to the missing child to all sworn
17 personnel employed by the agency who work or are assigned
18 to other shifts or time periods.
19 (2) Immediately contact State Missing Persons
20 Clearinghouse personnel designated by the Illinois State
21 Police, by a means and in a manner and form prescribed by
22 the Illinois State Police, informing the personnel of the
23 report of the missing child.
24 (Source: P.A. 102-538, eff. 8-20-21.)
25 Section 45. The Missing Children Records Act is amended by

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1 changing Section 1 as follows:
2 (325 ILCS 50/1) (from Ch. 23, par. 2281)
3 Sec. 1. Definitions. As used in this Act, unless the
4 context requires otherwise:
5 (a) "Custodian" means the State Registrar of Vital
6 Records, local registrars of vital records appointed by the
7 State Registrar and county clerks.
8 (b) (Blank).
9 (c) "Missing person" means a person 17 years old or
10 younger reported to any law enforcement authority as abducted,
11 lost, or missing a runaway.
12 (d) "Registrar" means the State Registrar of Vital
13 Records.
14 (Source: P.A. 102-538, eff. 8-20-21.)
15 Section 50. The Missing Children Registration Law is
16 amended by changing Section 1 as follows:
17 (325 ILCS 55/1) (from Ch. 23, par. 2271)
18 Sec. 1. Definitions. As used in this Article, unless the
19 context requires otherwise:
20 (a) "Custodian" means the State Registrar of Vital
21 Records, local registrars of vital records appointed by the
22 State Registrar and county clerks.
23 (b) (Blank).

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1 (c) "Missing child" means a person under the age of 18
2 years, reported to any law enforcement authority as abducted,
3 lost, or missing a runaway, whose identity is entered into the
4 Law Enforcement Agencies Data System.
5 (d) "Registrar" means the State Registrar of Vital
6 Records.
7 (Source: P.A. 102-538, eff. 8-20-21.)

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