Illinois 2023-2024 Regular Session

Illinois House Bill HB3896 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	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
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3896 Introduced 2/17/2023, by Rep. Lance Yednock SYNOPSIS AS INTRODUCED:
3	3	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
4	4	15 ILCS 335/4C
5	5	20 ILCS 505/5 from Ch. 23, par. 5005
6	6	20 ILCS 2605/2605-375 was 20 ILCS 2605/55a in part
7	7	50 ILCS 722/10
8	8	55 ILCS 5/5-1090 from Ch. 34, par. 5-1090
9	9	60 ILCS 1/215-15
10	10	65 ILCS 5/11-5.2-3 from Ch. 24, par. 11-5.2-3
11	11	325 ILCS 40/3 from Ch. 23, par. 2253
12	12	325 ILCS 40/6 from Ch. 23, par. 2256
13	13	325 ILCS 40/7 from Ch. 23, par. 2257
14	14	325 ILCS 50/1 from Ch. 23, par. 2281
15	15	325 ILCS 55/1 from Ch. 23, par. 2271
16	16	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.
17	17	LRB103 27292 AWJ 53663 b LRB103 27292 AWJ 53663 b
18	18	LRB103 27292 AWJ 53663 b
19	19	A BILL FOR
20	20	HB3896LRB103 27292 AWJ 53663 b HB3896 LRB103 27292 AWJ 53663 b
21	21	HB3896 LRB103 27292 AWJ 53663 b
22	22	1 AN ACT concerning government.
23	23	2 Be it enacted by the People of the State of Illinois,
24	24	3 represented in the General Assembly:
25	25	4 Section 5. The Illinois Identification Card Act is amended
26	26	5 by changing Section 4C as follows:
27	27	6 (15 ILCS 335/4C)
28	28	7 Sec. 4C. Homeless person status. For the purposes of this
29	29	8 Act, an individual's status as a "homeless person" may be
30	30	9 verified by a human services, legal services, or other worker
31	31	10 that has knowledge of the individual's housing status,
32	32	11 including, but not limited to:
33	33	12 (1) a homeless service agency receiving federal,
34	34	13 State, county, or municipal funding to provide those
35	35	14 services or otherwise sanctioned by local continuum of
36	36	15 care;
37	37	16 (2) an attorney licensed to practice in the State of
38	38	17 Illinois;
39	39	18 (3) a public school homeless liaison or school social
40	40	19 worker; or
41	41	20 (4) a human services provider funded by the State of
42	42	21 Illinois to serve homeless or missing runaway youth,
43	43	22 individuals with mental illness, or individuals with
44	44	23 addictions.
45	45
46	46
47	47
48	48	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3896 Introduced 2/17/2023, by Rep. Lance Yednock SYNOPSIS AS INTRODUCED:
49	49	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
50	50	15 ILCS 335/4C
51	51	20 ILCS 505/5 from Ch. 23, par. 5005
52	52	20 ILCS 2605/2605-375 was 20 ILCS 2605/55a in part
53	53	50 ILCS 722/10
54	54	55 ILCS 5/5-1090 from Ch. 34, par. 5-1090
55	55	60 ILCS 1/215-15
56	56	65 ILCS 5/11-5.2-3 from Ch. 24, par. 11-5.2-3
57	57	325 ILCS 40/3 from Ch. 23, par. 2253
58	58	325 ILCS 40/6 from Ch. 23, par. 2256
59	59	325 ILCS 40/7 from Ch. 23, par. 2257
60	60	325 ILCS 50/1 from Ch. 23, par. 2281
61	61	325 ILCS 55/1 from Ch. 23, par. 2271
62	62	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.
63	63	LRB103 27292 AWJ 53663 b LRB103 27292 AWJ 53663 b
64	64	LRB103 27292 AWJ 53663 b
65	65	A BILL FOR
66	66
67	67
68	68
69	69
70	70
71	71	15 ILCS 335/4C
72	72	20 ILCS 505/5 from Ch. 23, par. 5005
73	73	20 ILCS 2605/2605-375 was 20 ILCS 2605/55a in part
74	74	50 ILCS 722/10
75	75	55 ILCS 5/5-1090 from Ch. 34, par. 5-1090
76	76	60 ILCS 1/215-15
77	77	65 ILCS 5/11-5.2-3 from Ch. 24, par. 11-5.2-3
78	78	325 ILCS 40/3 from Ch. 23, par. 2253
79	79	325 ILCS 40/6 from Ch. 23, par. 2256
80	80	325 ILCS 40/7 from Ch. 23, par. 2257
81	81	325 ILCS 50/1 from Ch. 23, par. 2281
82	82	325 ILCS 55/1 from Ch. 23, par. 2271
83	83
84	84
85	85
86	86	LRB103 27292 AWJ 53663 b
87	87
88	88
89	89
90	90
91	91
92	92
93	93
94	94
95	95
96	96	HB3896 LRB103 27292 AWJ 53663 b
97	97
98	98
99	99	HB3896- 2 -LRB103 27292 AWJ 53663 b HB3896 - 2 - LRB103 27292 AWJ 53663 b
100	100	HB3896 - 2 - LRB103 27292 AWJ 53663 b
101	101	1 Individuals who are homeless must not be charged for this
102	102	2 verification. The Secretary of State by rule shall establish
103	103	3 standards and procedures consistent with this Section for
104	104	4 waiver of the Illinois Identification Care fee based on
105	105	5 homelessness, which shall include the name and address of the
106	106	6 individual and the agency providing verification of
107	107	7 homelessness. Any falsification of this official record is
108	108	8 subject to penalty.
109	109	9 (Source: P.A. 96-183, eff. 7-1-10; 96-1000, eff. 7-2-10.)
110	110	10 Section 10. The Children and Family Services Act is
111	111	11 amended by changing Section 5 as follows:
112	112	12 (20 ILCS 505/5) (from Ch. 23, par. 5005)
113	113	13 Sec. 5. Direct child welfare services; Department of
114	114	14 Children and Family Services. To provide direct child welfare
115	115	15 services when not available through other public or private
116	116	16 child care or program facilities.
117	117	17 (a) For purposes of this Section:
118	118	18 (1) "Children" means persons found within the State
119	119	19 who are under the age of 18 years. The term also includes
120	120	20 persons under age 21 who:
121	121	21 (A) were committed to the Department pursuant to
122	122	22 the Juvenile Court Act or the Juvenile Court Act of
123	123	23 1987 and who continue under the jurisdiction of the
124	124	24 court; or
125	125
126	126
127	127
128	128
129	129
130	130	HB3896 - 2 - LRB103 27292 AWJ 53663 b
131	131
132	132
133	133	HB3896- 3 -LRB103 27292 AWJ 53663 b HB3896 - 3 - LRB103 27292 AWJ 53663 b
134	134	HB3896 - 3 - LRB103 27292 AWJ 53663 b
135	135	1 (B) were accepted for care, service and training
136	136	2 by the Department prior to the age of 18 and whose best
137	137	3 interest in the discretion of the Department would be
138	138	4 served by continuing that care, service and training
139	139	5 because of severe emotional disturbances, physical
140	140	6 disability, social adjustment or any combination
141	141	7 thereof, or because of the need to complete an
142	142	8 educational or vocational training program.
143	143	9 (2) "Homeless youth" means persons found within the
144	144	10 State who are under the age of 19, are not in a safe and
145	145	11 stable living situation and cannot be reunited with their
146	146	12 families.
147	147	13 (3) "Child welfare services" means public social
148	148	14 services which are directed toward the accomplishment of
149	149	15 the following purposes:
150	150	16 (A) protecting and promoting the health, safety
151	151	17 and welfare of children, including homeless,
152	152	18 dependent, or neglected children;
153	153	19 (B) remedying, or assisting in the solution of
154	154	20 problems which may result in, the neglect, abuse,
155	155	21 exploitation, or delinquency of children;
156	156	22 (C) preventing the unnecessary separation of
157	157	23 children from their families by identifying family
158	158	24 problems, assisting families in resolving their
159	159	25 problems, and preventing the breakup of the family
160	160	26 where the prevention of child removal is desirable and
161	161
162	162
163	163
164	164
165	165
166	166	HB3896 - 3 - LRB103 27292 AWJ 53663 b
167	167
168	168
169	169	HB3896- 4 -LRB103 27292 AWJ 53663 b HB3896 - 4 - LRB103 27292 AWJ 53663 b
170	170	HB3896 - 4 - LRB103 27292 AWJ 53663 b
171	171	1 possible when the child can be cared for at home
172	172	2 without endangering the child's health and safety;
173	173	3 (D) restoring to their families children who have
174	174	4 been removed, by the provision of services to the
175	175	5 child and the families when the child can be cared for
176	176	6 at home without endangering the child's health and
177	177	7 safety;
178	178	8 (E) placing children in suitable adoptive homes,
179	179	9 in cases where restoration to the biological family is
180	180	10 not safe, possible, or appropriate;
181	181	11 (F) assuring safe and adequate care of children
182	182	12 away from their homes, in cases where the child cannot
183	183	13 be returned home or cannot be placed for adoption. At
184	184	14 the time of placement, the Department shall consider
185	185	15 concurrent planning, as described in subsection (l-1)
186	186	16 of this Section so that permanency may occur at the
187	187	17 earliest opportunity. Consideration should be given so
188	188	18 that if reunification fails or is delayed, the
189	189	19 placement made is the best available placement to
190	190	20 provide permanency for the child;
191	191	21 (G) (blank);
192	192	22 (H) (blank); and
193	193	23 (I) placing and maintaining children in facilities
194	194	24 that provide separate living quarters for children
195	195	25 under the age of 18 and for children 18 years of age
196	196	26 and older, unless a child 18 years of age is in the
197	197
198	198
199	199
200	200
201	201
202	202	HB3896 - 4 - LRB103 27292 AWJ 53663 b
203	203
204	204
205	205	HB3896- 5 -LRB103 27292 AWJ 53663 b HB3896 - 5 - LRB103 27292 AWJ 53663 b
206	206	HB3896 - 5 - LRB103 27292 AWJ 53663 b
207	207	1 last year of high school education or vocational
208	208	2 training, in an approved individual or group treatment
209	209	3 program, in a licensed shelter facility, or secure
210	210	4 child care facility. The Department is not required to
211	211	5 place or maintain children:
212	212	6 (i) who are in a foster home, or
213	213	7 (ii) who are persons with a developmental
214	214	8 disability, as defined in the Mental Health and
215	215	9 Developmental Disabilities Code, or
216	216	10 (iii) who are female children who are
217	217	11 pregnant, pregnant and parenting, or parenting, or
218	218	12 (iv) who are siblings, in facilities that
219	219	13 provide separate living quarters for children 18
220	220	14 years of age and older and for children under 18
221	221	15 years of age.
222	222	16 (b) (Blank).
223	223	17 (c) The Department shall establish and maintain
224	224	18 tax-supported child welfare services and extend and seek to
225	225	19 improve voluntary services throughout the State, to the end
226	226	20 that services and care shall be available on an equal basis
227	227	21 throughout the State to children requiring such services.
228	228	22 (d) The Director may authorize advance disbursements for
229	229	23 any new program initiative to any agency contracting with the
230	230	24 Department. As a prerequisite for an advance disbursement, the
231	231	25 contractor must post a surety bond in the amount of the advance
232	232	26 disbursement and have a purchase of service contract approved
233	233
234	234
235	235
236	236
237	237
238	238	HB3896 - 5 - LRB103 27292 AWJ 53663 b
239	239
240	240
241	241	HB3896- 6 -LRB103 27292 AWJ 53663 b HB3896 - 6 - LRB103 27292 AWJ 53663 b
242	242	HB3896 - 6 - LRB103 27292 AWJ 53663 b
243	243	1 by the Department. The Department may pay up to 2 months
244	244	2 operational expenses in advance. The amount of the advance
245	245	3 disbursement shall be prorated over the life of the contract
246	246	4 or the remaining months of the fiscal year, whichever is less,
247	247	5 and the installment amount shall then be deducted from future
248	248	6 bills. Advance disbursement authorizations for new initiatives
249	249	7 shall not be made to any agency after that agency has operated
250	250	8 during 2 consecutive fiscal years. The requirements of this
251	251	9 Section concerning advance disbursements shall not apply with
252	252	10 respect to the following: payments to local public agencies
253	253	11 for child day care services as authorized by Section 5a of this
254	254	12 Act; and youth service programs receiving grant funds under
255	255	13 Section 17a-4.
256	256	14 (e) (Blank).
257	257	15 (f) (Blank).
258	258	16 (g) The Department shall establish rules and regulations
259	259	17 concerning its operation of programs designed to meet the
260	260	18 goals of child safety and protection, family preservation,
261	261	19 family reunification, and adoption, including, but not limited
262	262	20 to:
263	263	21 (1) adoption;
264	264	22 (2) foster care;
265	265	23 (3) family counseling;
266	266	24 (4) protective services;
267	267	25 (5) (blank);
268	268	26 (6) homemaker service;
269	269
270	270
271	271
272	272
273	273
274	274	HB3896 - 6 - LRB103 27292 AWJ 53663 b
275	275
276	276
277	277	HB3896- 7 -LRB103 27292 AWJ 53663 b HB3896 - 7 - LRB103 27292 AWJ 53663 b
278	278	HB3896 - 7 - LRB103 27292 AWJ 53663 b
279	279	1 (7) return of missing runaway children;
280	280	2 (8) (blank);
281	281	3 (9) placement under Section 5-7 of the Juvenile Court
282	282	4 Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
283	283	5 Court Act of 1987 in accordance with the federal Adoption
284	284	6 Assistance and Child Welfare Act of 1980; and
285	285	7 (10) interstate services.
286	286	8 Rules and regulations established by the Department shall
287	287	9 include provisions for training Department staff and the staff
288	288	10 of Department grantees, through contracts with other agencies
289	289	11 or resources, in screening techniques to identify substance
290	290	12 use disorders, as defined in the Substance Use Disorder Act,
291	291	13 approved by the Department of Human Services, as a successor
292	292	14 to the Department of Alcoholism and Substance Abuse, for the
293	293	15 purpose of identifying children and adults who should be
294	294	16 referred for an assessment at an organization appropriately
295	295	17 licensed by the Department of Human Services for substance use
296	296	18 disorder treatment.
297	297	19 (h) If the Department finds that there is no appropriate
298	298	20 program or facility within or available to the Department for
299	299	21 a youth in care and that no licensed private facility has an
300	300	22 adequate and appropriate program or none agrees to accept the
301	301	23 youth in care, the Department shall create an appropriate
302	302	24 individualized, program-oriented plan for such youth in care.
303	303	25 The plan may be developed within the Department or through
304	304	26 purchase of services by the Department to the extent that it is
305	305
306	306
307	307
308	308
309	309
310	310	HB3896 - 7 - LRB103 27292 AWJ 53663 b
311	311
312	312
313	313	HB3896- 8 -LRB103 27292 AWJ 53663 b HB3896 - 8 - LRB103 27292 AWJ 53663 b
314	314	HB3896 - 8 - LRB103 27292 AWJ 53663 b
315	315	1 within its statutory authority to do.
316	316	2 (i) Service programs shall be available throughout the
317	317	3 State and shall include but not be limited to the following
318	318	4 services:
319	319	5 (1) case management;
320	320	6 (2) homemakers;
321	321	7 (3) counseling;
322	322	8 (4) parent education;
323	323	9 (5) day care; and
324	324	10 (6) emergency assistance and advocacy.
325	325	11 In addition, the following services may be made available
326	326	12 to assess and meet the needs of children and families:
327	327	13 (1) comprehensive family-based services;
328	328	14 (2) assessments;
329	329	15 (3) respite care; and
330	330	16 (4) in-home health services.
331	331	17 The Department shall provide transportation for any of the
332	332	18 services it makes available to children or families or for
333	333	19 which it refers children or families.
334	334	20 (j) The Department may provide categories of financial
335	335	21 assistance and education assistance grants, and shall
336	336	22 establish rules and regulations concerning the assistance and
337	337	23 grants, to persons who adopt children with physical or mental
338	338	24 disabilities, children who are older, or other hard-to-place
339	339	25 children who (i) immediately prior to their adoption were
340	340	26 youth in care or (ii) were determined eligible for financial
341	341
342	342
343	343
344	344
345	345
346	346	HB3896 - 8 - LRB103 27292 AWJ 53663 b
347	347
348	348
349	349	HB3896- 9 -LRB103 27292 AWJ 53663 b HB3896 - 9 - LRB103 27292 AWJ 53663 b
350	350	HB3896 - 9 - LRB103 27292 AWJ 53663 b
351	351	1 assistance with respect to a prior adoption and who become
352	352	2 available for adoption because the prior adoption has been
353	353	3 dissolved and the parental rights of the adoptive parents have
354	354	4 been terminated or because the child's adoptive parents have
355	355	5 died. The Department may continue to provide financial
356	356	6 assistance and education assistance grants for a child who was
357	357	7 determined eligible for financial assistance under this
358	358	8 subsection (j) in the interim period beginning when the
359	359	9 child's adoptive parents died and ending with the finalization
360	360	10 of the new adoption of the child by another adoptive parent or
361	361	11 parents. The Department may also provide categories of
362	362	12 financial assistance and education assistance grants, and
363	363	13 shall establish rules and regulations for the assistance and
364	364	14 grants, to persons appointed guardian of the person under
365	365	15 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
366	366	16 4-25, or 5-740 of the Juvenile Court Act of 1987 for children
367	367	17 who were youth in care for 12 months immediately prior to the
368	368	18 appointment of the guardian.
369	369	19 The amount of assistance may vary, depending upon the
370	370	20 needs of the child and the adoptive parents, as set forth in
371	371	21 the annual assistance agreement. Special purpose grants are
372	372	22 allowed where the child requires special service but such
373	373	23 costs may not exceed the amounts which similar services would
374	374	24 cost the Department if it were to provide or secure them as
375	375	25 guardian of the child.
376	376	26 Any financial assistance provided under this subsection is
377	377
378	378
379	379
380	380
381	381
382	382	HB3896 - 9 - LRB103 27292 AWJ 53663 b
383	383
384	384
385	385	HB3896- 10 -LRB103 27292 AWJ 53663 b HB3896 - 10 - LRB103 27292 AWJ 53663 b
386	386	HB3896 - 10 - LRB103 27292 AWJ 53663 b
387	387	1 inalienable by assignment, sale, execution, attachment,
388	388	2 garnishment, or any other remedy for recovery or collection of
389	389	3 a judgment or debt.
390	390	4 (j-5) The Department shall not deny or delay the placement
391	391	5 of a child for adoption if an approved family is available
392	392	6 either outside of the Department region handling the case, or
393	393	7 outside of the State of Illinois.
394	394	8 (k) The Department shall accept for care and training any
395	395	9 child who has been adjudicated neglected or abused, or
396	396	10 dependent committed to it pursuant to the Juvenile Court Act
397	397	11 or the Juvenile Court Act of 1987.
398	398	12 (l) The Department shall offer family preservation
399	399	13 services, as defined in Section 8.2 of the Abused and
400	400	14 Neglected Child Reporting Act, to help families, including
401	401	15 adoptive and extended families. Family preservation services
402	402	16 shall be offered (i) to prevent the placement of children in
403	403	17 substitute care when the children can be cared for at home or
404	404	18 in the custody of the person responsible for the children's
405	405	19 welfare, (ii) to reunite children with their families, or
406	406	20 (iii) to maintain an adoptive placement. Family preservation
407	407	21 services shall only be offered when doing so will not endanger
408	408	22 the children's health or safety. With respect to children who
409	409	23 are in substitute care pursuant to the Juvenile Court Act of
410	410	24 1987, family preservation services shall not be offered if a
411	411	25 goal other than those of subdivisions (A), (B), or (B-1) of
412	412	26 subsection (2) of Section 2-28 of that Act has been set, except
413	413
414	414
415	415
416	416
417	417
418	418	HB3896 - 10 - LRB103 27292 AWJ 53663 b
419	419
420	420
421	421	HB3896- 11 -LRB103 27292 AWJ 53663 b HB3896 - 11 - LRB103 27292 AWJ 53663 b
422	422	HB3896 - 11 - LRB103 27292 AWJ 53663 b
423	423	1 that reunification services may be offered as provided in
424	424	2 paragraph (F) of subsection (2) of Section 2-28 of that Act.
425	425	3 Nothing in this paragraph shall be construed to create a
426	426	4 private right of action or claim on the part of any individual
427	427	5 or child welfare agency, except that when a child is the
428	428	6 subject of an action under Article II of the Juvenile Court Act
429	429	7 of 1987 and the child's service plan calls for services to
430	430	8 facilitate achievement of the permanency goal, the court
431	431	9 hearing the action under Article II of the Juvenile Court Act
432	432	10 of 1987 may order the Department to provide the services set
433	433	11 out in the plan, if those services are not provided with
434	434	12 reasonable promptness and if those services are available.
435	435	13 The Department shall notify the child and his family of
436	436	14 the Department's responsibility to offer and provide family
437	437	15 preservation services as identified in the service plan. The
438	438	16 child and his family shall be eligible for services as soon as
439	439	17 the report is determined to be "indicated". The Department may
440	440	18 offer services to any child or family with respect to whom a
441	441	19 report of suspected child abuse or neglect has been filed,
442	442	20 prior to concluding its investigation under Section 7.12 of
443	443	21 the Abused and Neglected Child Reporting Act. However, the
444	444	22 child's or family's willingness to accept services shall not
445	445	23 be considered in the investigation. The Department may also
446	446	24 provide services to any child or family who is the subject of
447	447	25 any report of suspected child abuse or neglect or may refer
448	448	26 such child or family to services available from other agencies
449	449
450	450
451	451
452	452
453	453
454	454	HB3896 - 11 - LRB103 27292 AWJ 53663 b
455	455
456	456
457	457	HB3896- 12 -LRB103 27292 AWJ 53663 b HB3896 - 12 - LRB103 27292 AWJ 53663 b
458	458	HB3896 - 12 - LRB103 27292 AWJ 53663 b
459	459	1 in the community, even if the report is determined to be
460	460	2 unfounded, if the conditions in the child's or family's home
461	461	3 are reasonably likely to subject the child or family to future
462	462	4 reports of suspected child abuse or neglect. Acceptance of
463	463	5 such services shall be voluntary. The Department may also
464	464	6 provide services to any child or family after completion of a
465	465	7 family assessment, as an alternative to an investigation, as
466	466	8 provided under the "differential response program" provided
467	467	9 for in subsection (a-5) of Section 7.4 of the Abused and
468	468	10 Neglected Child Reporting Act.
469	469	11 The Department may, at its discretion except for those
470	470	12 children also adjudicated neglected or dependent, accept for
471	471	13 care and training any child who has been adjudicated addicted,
472	472	14 as a truant minor in need of supervision or as a minor
473	473	15 requiring authoritative intervention, under the Juvenile Court
474	474	16 Act or the Juvenile Court Act of 1987, but no such child shall
475	475	17 be committed to the Department by any court without the
476	476	18 approval of the Department. On and after January 1, 2015 (the
477	477	19 effective date of Public Act 98-803) and before January 1,
478	478	20 2017, a minor charged with a criminal offense under the
479	479	21 Criminal Code of 1961 or the Criminal Code of 2012 or
480	480	22 adjudicated delinquent shall not be placed in the custody of
481	481	23 or committed to the Department by any court, except (i) a minor
482	482	24 less than 16 years of age committed to the Department under
483	483	25 Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
484	484	26 for whom an independent basis of abuse, neglect, or dependency
485	485
486	486
487	487
488	488
489	489
490	490	HB3896 - 12 - LRB103 27292 AWJ 53663 b
491	491
492	492
493	493	HB3896- 13 -LRB103 27292 AWJ 53663 b HB3896 - 13 - LRB103 27292 AWJ 53663 b
494	494	HB3896 - 13 - LRB103 27292 AWJ 53663 b
495	495	1 exists, which must be defined by departmental rule, or (iii) a
496	496	2 minor for whom the court has granted a supplemental petition
497	497	3 to reinstate wardship pursuant to subsection (2) of Section
498	498	4 2-33 of the Juvenile Court Act of 1987. On and after January 1,
499	499	5 2017, a minor charged with a criminal offense under the
500	500	6 Criminal Code of 1961 or the Criminal Code of 2012 or
501	501	7 adjudicated delinquent shall not be placed in the custody of
502	502	8 or committed to the Department by any court, except (i) a minor
503	503	9 less than 15 years of age committed to the Department under
504	504	10 Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
505	505	11 for whom an independent basis of abuse, neglect, or dependency
506	506	12 exists, which must be defined by departmental rule, or (iii) a
507	507	13 minor for whom the court has granted a supplemental petition
508	508	14 to reinstate wardship pursuant to subsection (2) of Section
509	509	15 2-33 of the Juvenile Court Act of 1987. An independent basis
510	510	16 exists when the allegations or adjudication of abuse, neglect,
511	511	17 or dependency do not arise from the same facts, incident, or
512	512	18 circumstances which give rise to a charge or adjudication of
513	513	19 delinquency. The Department shall assign a caseworker to
514	514	20 attend any hearing involving a youth in the care and custody of
515	515	21 the Department who is placed on aftercare release, including
516	516	22 hearings involving sanctions for violation of aftercare
517	517	23 release conditions and aftercare release revocation hearings.
518	518	24 As soon as is possible after August 7, 2009 (the effective
519	519	25 date of Public Act 96-134), the Department shall develop and
520	520	26 implement a special program of family preservation services to
521	521
522	522
523	523
524	524
525	525
526	526	HB3896 - 13 - LRB103 27292 AWJ 53663 b
527	527
528	528
529	529	HB3896- 14 -LRB103 27292 AWJ 53663 b HB3896 - 14 - LRB103 27292 AWJ 53663 b
530	530	HB3896 - 14 - LRB103 27292 AWJ 53663 b
531	531	1 support intact, foster, and adoptive families who are
532	532	2 experiencing extreme hardships due to the difficulty and
533	533	3 stress of caring for a child who has been diagnosed with a
534	534	4 pervasive developmental disorder if the Department determines
535	535	5 that those services are necessary to ensure the health and
536	536	6 safety of the child. The Department may offer services to any
537	537	7 family whether or not a report has been filed under the Abused
538	538	8 and Neglected Child Reporting Act. The Department may refer
539	539	9 the child or family to services available from other agencies
540	540	10 in the community if the conditions in the child's or family's
541	541	11 home are reasonably likely to subject the child or family to
542	542	12 future reports of suspected child abuse or neglect. Acceptance
543	543	13 of these services shall be voluntary. The Department shall
544	544	14 develop and implement a public information campaign to alert
545	545	15 health and social service providers and the general public
546	546	16 about these special family preservation services. The nature
547	547	17 and scope of the services offered and the number of families
548	548	18 served under the special program implemented under this
549	549	19 paragraph shall be determined by the level of funding that the
550	550	20 Department annually allocates for this purpose. The term
551	551	21 "pervasive developmental disorder" under this paragraph means
552	552	22 a neurological condition, including, but not limited to,
553	553	23 Asperger's Syndrome and autism, as defined in the most recent
554	554	24 edition of the Diagnostic and Statistical Manual of Mental
555	555	25 Disorders of the American Psychiatric Association.
556	556	26 (l-1) The legislature recognizes that the best interests
557	557
558	558
559	559
560	560
561	561
562	562	HB3896 - 14 - LRB103 27292 AWJ 53663 b
563	563
564	564
565	565	HB3896- 15 -LRB103 27292 AWJ 53663 b HB3896 - 15 - LRB103 27292 AWJ 53663 b
566	566	HB3896 - 15 - LRB103 27292 AWJ 53663 b
567	567	1 of the child require that the child be placed in the most
568	568	2 permanent living arrangement as soon as is practically
569	569	3 possible. To achieve this goal, the legislature directs the
570	570	4 Department of Children and Family Services to conduct
571	571	5 concurrent planning so that permanency may occur at the
572	572	6 earliest opportunity. Permanent living arrangements may
573	573	7 include prevention of placement of a child outside the home of
574	574	8 the family when the child can be cared for at home without
575	575	9 endangering the child's health or safety; reunification with
576	576	10 the family, when safe and appropriate, if temporary placement
577	577	11 is necessary; or movement of the child toward the most
578	578	12 permanent living arrangement and permanent legal status.
579	579	13 When determining reasonable efforts to be made with
580	580	14 respect to a child, as described in this subsection, and in
581	581	15 making such reasonable efforts, the child's health and safety
582	582	16 shall be the paramount concern.
583	583	17 When a child is placed in foster care, the Department
584	584	18 shall ensure and document that reasonable efforts were made to
585	585	19 prevent or eliminate the need to remove the child from the
586	586	20 child's home. The Department must make reasonable efforts to
587	587	21 reunify the family when temporary placement of the child
588	588	22 occurs unless otherwise required, pursuant to the Juvenile
589	589	23 Court Act of 1987. At any time after the dispositional hearing
590	590	24 where the Department believes that further reunification
591	591	25 services would be ineffective, it may request a finding from
592	592	26 the court that reasonable efforts are no longer appropriate.
593	593
594	594
595	595
596	596
597	597
598	598	HB3896 - 15 - LRB103 27292 AWJ 53663 b
599	599
600	600
601	601	HB3896- 16 -LRB103 27292 AWJ 53663 b HB3896 - 16 - LRB103 27292 AWJ 53663 b
602	602	HB3896 - 16 - LRB103 27292 AWJ 53663 b
603	603	1 The Department is not required to provide further
604	604	2 reunification services after such a finding.
605	605	3 A decision to place a child in substitute care shall be
606	606	4 made with considerations of the child's health, safety, and
607	607	5 best interests. At the time of placement, consideration should
608	608	6 also be given so that if reunification fails or is delayed, the
609	609	7 placement made is the best available placement to provide
610	610	8 permanency for the child.
611	611	9 The Department shall adopt rules addressing concurrent
612	612	10 planning for reunification and permanency. The Department
613	613	11 shall consider the following factors when determining
614	614	12 appropriateness of concurrent planning:
615	615	13 (1) the likelihood of prompt reunification;
616	616	14 (2) the past history of the family;
617	617	15 (3) the barriers to reunification being addressed by
618	618	16 the family;
619	619	17 (4) the level of cooperation of the family;
620	620	18 (5) the foster parents' willingness to work with the
621	621	19 family to reunite;
622	622	20 (6) the willingness and ability of the foster family
623	623	21 to provide an adoptive home or long-term placement;
624	624	22 (7) the age of the child;
625	625	23 (8) placement of siblings.
626	626	24 (m) The Department may assume temporary custody of any
627	627	25 child if:
628	628	26 (1) it has received a written consent to such
629	629
630	630
631	631
632	632
633	633
634	634	HB3896 - 16 - LRB103 27292 AWJ 53663 b
635	635
636	636
637	637	HB3896- 17 -LRB103 27292 AWJ 53663 b HB3896 - 17 - LRB103 27292 AWJ 53663 b
638	638	HB3896 - 17 - LRB103 27292 AWJ 53663 b
639	639	1 temporary custody signed by the parents of the child or by
640	640	2 the parent having custody of the child if the parents are
641	641	3 not living together or by the guardian or custodian of the
642	642	4 child if the child is not in the custody of either parent,
643	643	5 or
644	644	6 (2) the child is found in the State and neither a
645	645	7 parent, guardian nor custodian of the child can be
646	646	8 located.
647	647	9 If the child is found in his or her residence without a parent,
648	648	10 guardian, custodian, or responsible caretaker, the Department
649	649	11 may, instead of removing the child and assuming temporary
650	650	12 custody, place an authorized representative of the Department
651	651	13 in that residence until such time as a parent, guardian, or
652	652	14 custodian enters the home and expresses a willingness and
653	653	15 apparent ability to ensure the child's health and safety and
654	654	16 resume permanent charge of the child, or until a relative
655	655	17 enters the home and is willing and able to ensure the child's
656	656	18 health and safety and assume charge of the child until a
657	657	19 parent, guardian, or custodian enters the home and expresses
658	658	20 such willingness and ability to ensure the child's safety and
659	659	21 resume permanent charge. After a caretaker has remained in the
660	660	22 home for a period not to exceed 12 hours, the Department must
661	661	23 follow those procedures outlined in Section 2-9, 3-11, 4-8, or
662	662	24 5-415 of the Juvenile Court Act of 1987.
663	663	25 The Department shall have the authority, responsibilities
664	664	26 and duties that a legal custodian of the child would have
665	665
666	666
667	667
668	668
669	669
670	670	HB3896 - 17 - LRB103 27292 AWJ 53663 b
671	671
672	672
673	673	HB3896- 18 -LRB103 27292 AWJ 53663 b HB3896 - 18 - LRB103 27292 AWJ 53663 b
674	674	HB3896 - 18 - LRB103 27292 AWJ 53663 b
675	675	1 pursuant to subsection (9) of Section 1-3 of the Juvenile
676	676	2 Court Act of 1987. Whenever a child is taken into temporary
677	677	3 custody pursuant to an investigation under the Abused and
678	678	4 Neglected Child Reporting Act, or pursuant to a referral and
679	679	5 acceptance under the Juvenile Court Act of 1987 of a minor in
680	680	6 limited custody, the Department, during the period of
681	681	7 temporary custody and before the child is brought before a
682	682	8 judicial officer as required by Section 2-9, 3-11, 4-8, or
683	683	9 5-415 of the Juvenile Court Act of 1987, shall have the
684	684	10 authority, responsibilities and duties that a legal custodian
685	685	11 of the child would have under subsection (9) of Section 1-3 of
686	686	12 the Juvenile Court Act of 1987.
687	687	13 The Department shall ensure that any child taken into
688	688	14 custody is scheduled for an appointment for a medical
689	689	15 examination.
690	690	16 A parent, guardian, or custodian of a child in the
691	691	17 temporary custody of the Department who would have custody of
692	692	18 the child if he were not in the temporary custody of the
693	693	19 Department may deliver to the Department a signed request that
694	694	20 the Department surrender the temporary custody of the child.
695	695	21 The Department may retain temporary custody of the child for
696	696	22 10 days after the receipt of the request, during which period
697	697	23 the Department may cause to be filed a petition pursuant to the
698	698	24 Juvenile Court Act of 1987. If a petition is so filed, the
699	699	25 Department shall retain temporary custody of the child until
700	700	26 the court orders otherwise. If a petition is not filed within
701	701
702	702
703	703
704	704
705	705
706	706	HB3896 - 18 - LRB103 27292 AWJ 53663 b
707	707
708	708
709	709	HB3896- 19 -LRB103 27292 AWJ 53663 b HB3896 - 19 - LRB103 27292 AWJ 53663 b
710	710	HB3896 - 19 - LRB103 27292 AWJ 53663 b
711	711	1 the 10-day period, the child shall be surrendered to the
712	712	2 custody of the requesting parent, guardian, or custodian not
713	713	3 later than the expiration of the 10-day period, at which time
714	714	4 the authority and duties of the Department with respect to the
715	715	5 temporary custody of the child shall terminate.
716	716	6 (m-1) The Department may place children under 18 years of
717	717	7 age in a secure child care facility licensed by the Department
718	718	8 that cares for children who are in need of secure living
719	719	9 arrangements for their health, safety, and well-being after a
720	720	10 determination is made by the facility director and the
721	721	11 Director or the Director's designate prior to admission to the
722	722	12 facility subject to Section 2-27.1 of the Juvenile Court Act
723	723	13 of 1987. This subsection (m-1) does not apply to a child who is
724	724	14 subject to placement in a correctional facility operated
725	725	15 pursuant to Section 3-15-2 of the Unified Code of Corrections,
726	726	16 unless the child is a youth in care who was placed in the care
727	727	17 of the Department before being subject to placement in a
728	728	18 correctional facility and a court of competent jurisdiction
729	729	19 has ordered placement of the child in a secure care facility.
730	730	20 (n) The Department may place children under 18 years of
731	731	21 age in licensed child care facilities when in the opinion of
732	732	22 the Department, appropriate services aimed at family
733	733	23 preservation have been unsuccessful and cannot ensure the
734	734	24 child's health and safety or are unavailable and such
735	735	25 placement would be for their best interest. Payment for board,
736	736	26 clothing, care, training and supervision of any child placed
737	737
738	738
739	739
740	740
741	741
742	742	HB3896 - 19 - LRB103 27292 AWJ 53663 b
743	743
744	744
745	745	HB3896- 20 -LRB103 27292 AWJ 53663 b HB3896 - 20 - LRB103 27292 AWJ 53663 b
746	746	HB3896 - 20 - LRB103 27292 AWJ 53663 b
747	747	1 in a licensed child care facility may be made by the
748	748	2 Department, by the parents or guardians of the estates of
749	749	3 those children, or by both the Department and the parents or
750	750	4 guardians, except that no payments shall be made by the
751	751	5 Department for any child placed in a licensed child care
752	752	6 facility for board, clothing, care, training and supervision
753	753	7 of such a child that exceed the average per capita cost of
754	754	8 maintaining and of caring for a child in institutions for
755	755	9 dependent or neglected children operated by the Department.
756	756	10 However, such restriction on payments does not apply in cases
757	757	11 where children require specialized care and treatment for
758	758	12 problems of severe emotional disturbance, physical disability,
759	759	13 social adjustment, or any combination thereof and suitable
760	760	14 facilities for the placement of such children are not
761	761	15 available at payment rates within the limitations set forth in
762	762	16 this Section. All reimbursements for services delivered shall
763	763	17 be absolutely inalienable by assignment, sale, attachment, or
764	764	18 garnishment or otherwise.
765	765	19 (n-1) The Department shall provide or authorize child
766	766	20 welfare services, aimed at assisting minors to achieve
767	767	21 sustainable self-sufficiency as independent adults, for any
768	768	22 minor eligible for the reinstatement of wardship pursuant to
769	769	23 subsection (2) of Section 2-33 of the Juvenile Court Act of
770	770	24 1987, whether or not such reinstatement is sought or allowed,
771	771	25 provided that the minor consents to such services and has not
772	772	26 yet attained the age of 21. The Department shall have
773	773
774	774
775	775
776	776
777	777
778	778	HB3896 - 20 - LRB103 27292 AWJ 53663 b
779	779
780	780
781	781	HB3896- 21 -LRB103 27292 AWJ 53663 b HB3896 - 21 - LRB103 27292 AWJ 53663 b
782	782	HB3896 - 21 - LRB103 27292 AWJ 53663 b
783	783	1 responsibility for the development and delivery of services
784	784	2 under this Section. An eligible youth may access services
785	785	3 under this Section through the Department of Children and
786	786	4 Family Services or by referral from the Department of Human
787	787	5 Services. Youth participating in services under this Section
788	788	6 shall cooperate with the assigned case manager in developing
789	789	7 an agreement identifying the services to be provided and how
790	790	8 the youth will increase skills to achieve self-sufficiency. A
791	791	9 homeless shelter is not considered appropriate housing for any
792	792	10 youth receiving child welfare services under this Section. The
793	793	11 Department shall continue child welfare services under this
794	794	12 Section to any eligible minor until the minor becomes 21 years
795	795	13 of age, no longer consents to participate, or achieves
796	796	14 self-sufficiency as identified in the minor's service plan.
797	797	15 The Department of Children and Family Services shall create
798	798	16 clear, readable notice of the rights of former foster youth to
799	799	17 child welfare services under this Section and how such
800	800	18 services may be obtained. The Department of Children and
801	801	19 Family Services and the Department of Human Services shall
802	802	20 disseminate this information statewide. The Department shall
803	803	21 adopt regulations describing services intended to assist
804	804	22 minors in achieving sustainable self-sufficiency as
805	805	23 independent adults.
806	806	24 (o) The Department shall establish an administrative
807	807	25 review and appeal process for children and families who
808	808	26 request or receive child welfare services from the Department.
809	809
810	810
811	811
812	812
813	813
814	814	HB3896 - 21 - LRB103 27292 AWJ 53663 b
815	815
816	816
817	817	HB3896- 22 -LRB103 27292 AWJ 53663 b HB3896 - 22 - LRB103 27292 AWJ 53663 b
818	818	HB3896 - 22 - LRB103 27292 AWJ 53663 b
819	819	1 Youth in care who are placed by private child welfare
820	820	2 agencies, and foster families with whom those youth are
821	821	3 placed, shall be afforded the same procedural and appeal
822	822	4 rights as children and families in the case of placement by the
823	823	5 Department, including the right to an initial review of a
824	824	6 private agency decision by that agency. The Department shall
825	825	7 ensure that any private child welfare agency, which accepts
826	826	8 youth in care for placement, affords those rights to children
827	827	9 and foster families. The Department shall accept for
828	828	10 administrative review and an appeal hearing a complaint made
829	829	11 by (i) a child or foster family concerning a decision
830	830	12 following an initial review by a private child welfare agency
831	831	13 or (ii) a prospective adoptive parent who alleges a violation
832	832	14 of subsection (j-5) of this Section. An appeal of a decision
833	833	15 concerning a change in the placement of a child shall be
834	834	16 conducted in an expedited manner. A court determination that a
835	835	17 current foster home placement is necessary and appropriate
836	836	18 under Section 2-28 of the Juvenile Court Act of 1987 does not
837	837	19 constitute a judicial determination on the merits of an
838	838	20 administrative appeal, filed by a former foster parent,
839	839	21 involving a change of placement decision.
840	840	22 (p) (Blank).
841	841	23 (q) The Department may receive and use, in their entirety,
842	842	24 for the benefit of children any gift, donation, or bequest of
843	843	25 money or other property which is received on behalf of such
844	844	26 children, or any financial benefits to which such children are
845	845
846	846
847	847
848	848
849	849
850	850	HB3896 - 22 - LRB103 27292 AWJ 53663 b
851	851
852	852
853	853	HB3896- 23 -LRB103 27292 AWJ 53663 b HB3896 - 23 - LRB103 27292 AWJ 53663 b
854	854	HB3896 - 23 - LRB103 27292 AWJ 53663 b
855	855	1 or may become entitled while under the jurisdiction or care of
856	856	2 the Department, except that the benefits described in Section
857	857	3 5.46 must be used and conserved consistent with the provisions
858	858	4 under Section 5.46.
859	859	5 The Department shall set up and administer no-cost,
860	860	6 interest-bearing accounts in appropriate financial
861	861	7 institutions for children for whom the Department is legally
862	862	8 responsible and who have been determined eligible for
863	863	9 Veterans' Benefits, Social Security benefits, assistance
864	864	10 allotments from the armed forces, court ordered payments,
865	865	11 parental voluntary payments, Supplemental Security Income,
866	866	12 Railroad Retirement payments, Black Lung benefits, or other
867	867	13 miscellaneous payments. Interest earned by each account shall
868	868	14 be credited to the account, unless disbursed in accordance
869	869	15 with this subsection.
870	870	16 In disbursing funds from children's accounts, the
871	871	17 Department shall:
872	872	18 (1) Establish standards in accordance with State and
873	873	19 federal laws for disbursing money from children's
874	874	20 accounts. In all circumstances, the Department's
875	875	21 "Guardianship Administrator" or his or her designee must
876	876	22 approve disbursements from children's accounts. The
877	877	23 Department shall be responsible for keeping complete
878	878	24 records of all disbursements for each account for any
879	879	25 purpose.
880	880	26 (2) Calculate on a monthly basis the amounts paid from
881	881
882	882
883	883
884	884
885	885
886	886	HB3896 - 23 - LRB103 27292 AWJ 53663 b
887	887
888	888
889	889	HB3896- 24 -LRB103 27292 AWJ 53663 b HB3896 - 24 - LRB103 27292 AWJ 53663 b
890	890	HB3896 - 24 - LRB103 27292 AWJ 53663 b
891	891	1 State funds for the child's board and care, medical care
892	892	2 not covered under Medicaid, and social services; and
893	893	3 utilize funds from the child's account, as covered by
894	894	4 regulation, to reimburse those costs. Monthly,
895	895	5 disbursements from all children's accounts, up to 1/12 of
896	896	6 $13,000,000, shall be deposited by the Department into the
897	897	7 General Revenue Fund and the balance over 1/12 of
898	898	8 $13,000,000 into the DCFS Children's Services Fund.
899	899	9 (3) Maintain any balance remaining after reimbursing
900	900	10 for the child's costs of care, as specified in item (2).
901	901	11 The balance shall accumulate in accordance with relevant
902	902	12 State and federal laws and shall be disbursed to the child
903	903	13 or his or her guardian, or to the issuing agency.
904	904	14 (r) The Department shall promulgate regulations
905	905	15 encouraging all adoption agencies to voluntarily forward to
906	906	16 the Department or its agent names and addresses of all persons
907	907	17 who have applied for and have been approved for adoption of a
908	908	18 hard-to-place child or child with a disability and the names
909	909	19 of such children who have not been placed for adoption. A list
910	910	20 of such names and addresses shall be maintained by the
911	911	21 Department or its agent, and coded lists which maintain the
912	912	22 confidentiality of the person seeking to adopt the child and
913	913	23 of the child shall be made available, without charge, to every
914	914	24 adoption agency in the State to assist the agencies in placing
915	915	25 such children for adoption. The Department may delegate to an
916	916	26 agent its duty to maintain and make available such lists. The
917	917
918	918
919	919
920	920
921	921
922	922	HB3896 - 24 - LRB103 27292 AWJ 53663 b
923	923
924	924
925	925	HB3896- 25 -LRB103 27292 AWJ 53663 b HB3896 - 25 - LRB103 27292 AWJ 53663 b
926	926	HB3896 - 25 - LRB103 27292 AWJ 53663 b
927	927	1 Department shall ensure that such agent maintains the
928	928	2 confidentiality of the person seeking to adopt the child and
929	929	3 of the child.
930	930	4 (s) The Department of Children and Family Services may
931	931	5 establish and implement a program to reimburse Department and
932	932	6 private child welfare agency foster parents licensed by the
933	933	7 Department of Children and Family Services for damages
934	934	8 sustained by the foster parents as a result of the malicious or
935	935	9 negligent acts of foster children, as well as providing third
936	936	10 party coverage for such foster parents with regard to actions
937	937	11 of foster children to other individuals. Such coverage will be
938	938	12 secondary to the foster parent liability insurance policy, if
939	939	13 applicable. The program shall be funded through appropriations
940	940	14 from the General Revenue Fund, specifically designated for
941	941	15 such purposes.
942	942	16 (t) The Department shall perform home studies and
943	943	17 investigations and shall exercise supervision over visitation
944	944	18 as ordered by a court pursuant to the Illinois Marriage and
945	945	19 Dissolution of Marriage Act or the Adoption Act only if:
946	946	20 (1) an order entered by an Illinois court specifically
947	947	21 directs the Department to perform such services; and
948	948	22 (2) the court has ordered one or both of the parties to
949	949	23 the proceeding to reimburse the Department for its
950	950	24 reasonable costs for providing such services in accordance
951	951	25 with Department rules, or has determined that neither
952	952	26 party is financially able to pay.
953	953
954	954
955	955
956	956
957	957
958	958	HB3896 - 25 - LRB103 27292 AWJ 53663 b
959	959
960	960
961	961	HB3896- 26 -LRB103 27292 AWJ 53663 b HB3896 - 26 - LRB103 27292 AWJ 53663 b
962	962	HB3896 - 26 - LRB103 27292 AWJ 53663 b
963	963	1 The Department shall provide written notification to the
964	964	2 court of the specific arrangements for supervised visitation
965	965	3 and projected monthly costs within 60 days of the court order.
966	966	4 The Department shall send to the court information related to
967	967	5 the costs incurred except in cases where the court has
968	968	6 determined the parties are financially unable to pay. The
969	969	7 court may order additional periodic reports as appropriate.
970	970	8 (u) In addition to other information that must be
971	971	9 provided, whenever the Department places a child with a
972	972	10 prospective adoptive parent or parents, in a licensed foster
973	973	11 home, group home, or child care institution, or in a relative
974	974	12 home, the Department shall provide to the prospective adoptive
975	975	13 parent or parents or other caretaker:
976	976	14 (1) available detailed information concerning the
977	977	15 child's educational and health history, copies of
978	978	16 immunization records (including insurance and medical card
979	979	17 information), a history of the child's previous
980	980	18 placements, if any, and reasons for placement changes
981	981	19 excluding any information that identifies or reveals the
982	982	20 location of any previous caretaker;
983	983	21 (2) a copy of the child's portion of the client
984	984	22 service plan, including any visitation arrangement, and
985	985	23 all amendments or revisions to it as related to the child;
986	986	24 and
987	987	25 (3) information containing details of the child's
988	988	26 individualized educational plan when the child is
989	989
990	990
991	991
992	992
993	993
994	994	HB3896 - 26 - LRB103 27292 AWJ 53663 b
995	995
996	996
997	997	HB3896- 27 -LRB103 27292 AWJ 53663 b HB3896 - 27 - LRB103 27292 AWJ 53663 b
998	998	HB3896 - 27 - LRB103 27292 AWJ 53663 b
999	999	1 receiving special education services.
1000	1000	2 The caretaker shall be informed of any known social or
1001	1001	3 behavioral information (including, but not limited to,
1002	1002	4 criminal background, fire setting, perpetuation of sexual
1003	1003	5 abuse, destructive behavior, and substance abuse) necessary to
1004	1004	6 care for and safeguard the children to be placed or currently
1005	1005	7 in the home. The Department may prepare a written summary of
1006	1006	8 the information required by this paragraph, which may be
1007	1007	9 provided to the foster or prospective adoptive parent in
1008	1008	10 advance of a placement. The foster or prospective adoptive
1009	1009	11 parent may review the supporting documents in the child's file
1010	1010	12 in the presence of casework staff. In the case of an emergency
1011	1011	13 placement, casework staff shall at least provide known
1012	1012	14 information verbally, if necessary, and must subsequently
1013	1013	15 provide the information in writing as required by this
1014	1014	16 subsection.
1015	1015	17 The information described in this subsection shall be
1016	1016	18 provided in writing. In the case of emergency placements when
1017	1017	19 time does not allow prior review, preparation, and collection
1018	1018	20 of written information, the Department shall provide such
1019	1019	21 information as it becomes available. Within 10 business days
1020	1020	22 after placement, the Department shall obtain from the
1021	1021	23 prospective adoptive parent or parents or other caretaker a
1022	1022	24 signed verification of receipt of the information provided.
1023	1023	25 Within 10 business days after placement, the Department shall
1024	1024	26 provide to the child's guardian ad litem a copy of the
1025	1025
1026	1026
1027	1027
1028	1028
1029	1029
1030	1030	HB3896 - 27 - LRB103 27292 AWJ 53663 b
1031	1031
1032	1032
1033	1033	HB3896- 28 -LRB103 27292 AWJ 53663 b HB3896 - 28 - LRB103 27292 AWJ 53663 b
1034	1034	HB3896 - 28 - LRB103 27292 AWJ 53663 b
1035	1035	1 information provided to the prospective adoptive parent or
1036	1036	2 parents or other caretaker. The information provided to the
1037	1037	3 prospective adoptive parent or parents or other caretaker
1038	1038	4 shall be reviewed and approved regarding accuracy at the
1039	1039	5 supervisory level.
1040	1040	6 (u-5) Effective July 1, 1995, only foster care placements
1041	1041	7 licensed as foster family homes pursuant to the Child Care Act
1042	1042	8 of 1969 shall be eligible to receive foster care payments from
1043	1043	9 the Department. Relative caregivers who, as of July 1, 1995,
1044	1044	10 were approved pursuant to approved relative placement rules
1045	1045	11 previously promulgated by the Department at 89 Ill. Adm. Code
1046	1046	12 335 and had submitted an application for licensure as a foster
1047	1047	13 family home may continue to receive foster care payments only
1048	1048	14 until the Department determines that they may be licensed as a
1049	1049	15 foster family home or that their application for licensure is
1050	1050	16 denied or until September 30, 1995, whichever occurs first.
1051	1051	17 (v) The Department shall access criminal history record
1052	1052	18 information as defined in the Illinois Uniform Conviction
1053	1053	19 Information Act and information maintained in the adjudicatory
1054	1054	20 and dispositional record system as defined in Section 2605-355
1055	1055	21 of the Illinois State Police Law if the Department determines
1056	1056	22 the information is necessary to perform its duties under the
1057	1057	23 Abused and Neglected Child Reporting Act, the Child Care Act
1058	1058	24 of 1969, and the Children and Family Services Act. The
1059	1059	25 Department shall provide for interactive computerized
1060	1060	26 communication and processing equipment that permits direct
1061	1061
1062	1062
1063	1063
1064	1064
1065	1065
1066	1066	HB3896 - 28 - LRB103 27292 AWJ 53663 b
1067	1067
1068	1068
1069	1069	HB3896- 29 -LRB103 27292 AWJ 53663 b HB3896 - 29 - LRB103 27292 AWJ 53663 b
1070	1070	HB3896 - 29 - LRB103 27292 AWJ 53663 b
1071	1071	1 on-line communication with the Illinois State Police's central
1072	1072	2 criminal history data repository. The Department shall comply
1073	1073	3 with all certification requirements and provide certified
1074	1074	4 operators who have been trained by personnel from the Illinois
1075	1075	5 State Police. In addition, one Office of the Inspector General
1076	1076	6 investigator shall have training in the use of the criminal
1077	1077	7 history information access system and have access to the
1078	1078	8 terminal. The Department of Children and Family Services and
1079	1079	9 its employees shall abide by rules and regulations established
1080	1080	10 by the Illinois State Police relating to the access and
1081	1081	11 dissemination of this information.
1082	1082	12 (v-1) Prior to final approval for placement of a child,
1083	1083	13 the Department shall conduct a criminal records background
1084	1084	14 check of the prospective foster or adoptive parent, including
1085	1085	15 fingerprint-based checks of national crime information
1086	1086	16 databases. Final approval for placement shall not be granted
1087	1087	17 if the record check reveals a felony conviction for child
1088	1088	18 abuse or neglect, for spousal abuse, for a crime against
1089	1089	19 children, or for a crime involving violence, including rape,
1090	1090	20 sexual assault, or homicide, but not including other physical
1091	1091	21 assault or battery, or if there is a felony conviction for
1092	1092	22 physical assault, battery, or a drug-related offense committed
1093	1093	23 within the past 5 years.
1094	1094	24 (v-2) Prior to final approval for placement of a child,
1095	1095	25 the Department shall check its child abuse and neglect
1096	1096	26 registry for information concerning prospective foster and
1097	1097
1098	1098
1099	1099
1100	1100
1101	1101
1102	1102	HB3896 - 29 - LRB103 27292 AWJ 53663 b
1103	1103
1104	1104
1105	1105	HB3896- 30 -LRB103 27292 AWJ 53663 b HB3896 - 30 - LRB103 27292 AWJ 53663 b
1106	1106	HB3896 - 30 - LRB103 27292 AWJ 53663 b
1107	1107	1 adoptive parents, and any adult living in the home. If any
1108	1108	2 prospective foster or adoptive parent or other adult living in
1109	1109	3 the home has resided in another state in the preceding 5 years,
1110	1110	4 the Department shall request a check of that other state's
1111	1111	5 child abuse and neglect registry.
1112	1112	6 (w) Within 120 days of August 20, 1995 (the effective date
1113	1113	7 of Public Act 89-392), the Department shall prepare and submit
1114	1114	8 to the Governor and the General Assembly, a written plan for
1115	1115	9 the development of in-state licensed secure child care
1116	1116	10 facilities that care for children who are in need of secure
1117	1117	11 living arrangements for their health, safety, and well-being.
1118	1118	12 For purposes of this subsection, secure care facility shall
1119	1119	13 mean a facility that is designed and operated to ensure that
1120	1120	14 all entrances and exits from the facility, a building or a
1121	1121	15 distinct part of the building, are under the exclusive control
1122	1122	16 of the staff of the facility, whether or not the child has the
1123	1123	17 freedom of movement within the perimeter of the facility,
1124	1124	18 building, or distinct part of the building. The plan shall
1125	1125	19 include descriptions of the types of facilities that are
1126	1126	20 needed in Illinois; the cost of developing these secure care
1127	1127	21 facilities; the estimated number of placements; the potential
1128	1128	22 cost savings resulting from the movement of children currently
1129	1129	23 out-of-state who are projected to be returned to Illinois; the
1130	1130	24 necessary geographic distribution of these facilities in
1131	1131	25 Illinois; and a proposed timetable for development of such
1132	1132	26 facilities.
1133	1133
1134	1134
1135	1135
1136	1136
1137	1137
1138	1138	HB3896 - 30 - LRB103 27292 AWJ 53663 b
1139	1139
1140	1140
1141	1141	HB3896- 31 -LRB103 27292 AWJ 53663 b HB3896 - 31 - LRB103 27292 AWJ 53663 b
1142	1142	HB3896 - 31 - LRB103 27292 AWJ 53663 b
1143	1143	1 (x) The Department shall conduct annual credit history
1144	1144	2 checks to determine the financial history of children placed
1145	1145	3 under its guardianship pursuant to the Juvenile Court Act of
1146	1146	4 1987. The Department shall conduct such credit checks starting
1147	1147	5 when a youth in care turns 12 years old and each year
1148	1148	6 thereafter for the duration of the guardianship as terminated
1149	1149	7 pursuant to the Juvenile Court Act of 1987. The Department
1150	1150	8 shall determine if financial exploitation of the child's
1151	1151	9 personal information has occurred. If financial exploitation
1152	1152	10 appears to have taken place or is presently ongoing, the
1153	1153	11 Department shall notify the proper law enforcement agency, the
1154	1154	12 proper State's Attorney, or the Attorney General.
1155	1155	13 (y) Beginning on July 22, 2010 (the effective date of
1156	1156	14 Public Act 96-1189), a child with a disability who receives
1157	1157	15 residential and educational services from the Department shall
1158	1158	16 be eligible to receive transition services in accordance with
1159	1159	17 Article 14 of the School Code from the age of 14.5 through age
1160	1160	18 21, inclusive, notwithstanding the child's residential
1161	1161	19 services arrangement. For purposes of this subsection, "child
1162	1162	20 with a disability" means a child with a disability as defined
1163	1163	21 by the federal Individuals with Disabilities Education
1164	1164	22 Improvement Act of 2004.
1165	1165	23 (z) The Department shall access criminal history record
1166	1166	24 information as defined as "background information" in this
1167	1167	25 subsection and criminal history record information as defined
1168	1168	26 in the Illinois Uniform Conviction Information Act for each
1169	1169
1170	1170
1171	1171
1172	1172
1173	1173
1174	1174	HB3896 - 31 - LRB103 27292 AWJ 53663 b
1175	1175
1176	1176
1177	1177	HB3896- 32 -LRB103 27292 AWJ 53663 b HB3896 - 32 - LRB103 27292 AWJ 53663 b
1178	1178	HB3896 - 32 - LRB103 27292 AWJ 53663 b
1179	1179	1 Department employee or Department applicant. Each Department
1180	1180	2 employee or Department applicant shall submit his or her
1181	1181	3 fingerprints to the Illinois State Police in the form and
1182	1182	4 manner prescribed by the Illinois State Police. These
1183	1183	5 fingerprints shall be checked against the fingerprint records
1184	1184	6 now and hereafter filed in the Illinois State Police and the
1185	1185	7 Federal Bureau of Investigation criminal history records
1186	1186	8 databases. The Illinois State Police shall charge a fee for
1187	1187	9 conducting the criminal history record check, which shall be
1188	1188	10 deposited into the State Police Services Fund and shall not
1189	1189	11 exceed the actual cost of the record check. The Illinois State
1190	1190	12 Police shall furnish, pursuant to positive identification, all
1191	1191	13 Illinois conviction information to the Department of Children
1192	1192	14 and Family Services.
1193	1193	15 For purposes of this subsection:
1194	1194	16 "Background information" means all of the following:
1195	1195	17 (i) Upon the request of the Department of Children and
1196	1196	18 Family Services, conviction information obtained from the
1197	1197	19 Illinois State Police as a result of a fingerprint-based
1198	1198	20 criminal history records check of the Illinois criminal
1199	1199	21 history records database and the Federal Bureau of
1200	1200	22 Investigation criminal history records database concerning
1201	1201	23 a Department employee or Department applicant.
1202	1202	24 (ii) Information obtained by the Department of
1203	1203	25 Children and Family Services after performing a check of
1204	1204	26 the Illinois State Police's Sex Offender Database, as
1205	1205
1206	1206
1207	1207
1208	1208
1209	1209
1210	1210	HB3896 - 32 - LRB103 27292 AWJ 53663 b
1211	1211
1212	1212
1213	1213	HB3896- 33 -LRB103 27292 AWJ 53663 b HB3896 - 33 - LRB103 27292 AWJ 53663 b
1214	1214	HB3896 - 33 - LRB103 27292 AWJ 53663 b
1215	1215	1 authorized by Section 120 of the Sex Offender Community
1216	1216	2 Notification Law, concerning a Department employee or
1217	1217	3 Department applicant.
1218	1218	4 (iii) Information obtained by the Department of
1219	1219	5 Children and Family Services after performing a check of
1220	1220	6 the Child Abuse and Neglect Tracking System (CANTS)
1221	1221	7 operated and maintained by the Department.
1222	1222	8 "Department employee" means a full-time or temporary
1223	1223	9 employee coded or certified within the State of Illinois
1224	1224	10 Personnel System.
1225	1225	11 "Department applicant" means an individual who has
1226	1226	12 conditional Department full-time or part-time work, a
1227	1227	13 contractor, an individual used to replace or supplement staff,
1228	1228	14 an academic intern, a volunteer in Department offices or on
1229	1229	15 Department contracts, a work-study student, an individual or
1230	1230	16 entity licensed by the Department, or an unlicensed service
1231	1231	17 provider who works as a condition of a contract or an agreement
1232	1232	18 and whose work may bring the unlicensed service provider into
1233	1233	19 contact with Department clients or client records.
1234	1234	20 (Source: P.A. 101-13, eff. 6-12-19; 101-79, eff. 7-12-19;
1235	1235	21 101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 102-558, eff.
1236	1236	22 8-20-21; 102-1014, eff. 5-27-22.)
1237	1237	23 Section 15. The Illinois State Police Law of the Civil
1238	1238	24 Administrative Code of Illinois is amended by changing Section
1239	1239	25 2605-375 as follows:
1240	1240
1241	1241
1242	1242
1243	1243
1244	1244
1245	1245	HB3896 - 33 - LRB103 27292 AWJ 53663 b
1246	1246
1247	1247
1248	1248	HB3896- 34 -LRB103 27292 AWJ 53663 b HB3896 - 34 - LRB103 27292 AWJ 53663 b
1249	1249	HB3896 - 34 - LRB103 27292 AWJ 53663 b
1250	1250	1 (20 ILCS 2605/2605-375) (was 20 ILCS 2605/55a in part)
1251	1251	2 Sec. 2605-375. Missing persons; Law Enforcement Agencies
1252	1252	3 Data System (LEADS).
1253	1253	4 (a) To utilize the statewide Law Enforcement Agencies Data
1254	1254	5 System (LEADS) for the purpose of providing electronic access
1255	1255	6 by authorized entities to criminal justice data repositories
1256	1256	7 and effecting an immediate law enforcement response to reports
1257	1257	8 of missing persons, including lost or , missing or runaway
1258	1258	9 minors, lost or missing individuals with developmental or
1259	1259	10 intellectual disabilities, and missing endangered seniors. The
1260	1260	11 Illinois State Police shall implement an automatic data
1261	1261	12 exchange system to compile, to maintain, and to make available
1262	1262	13 to other law enforcement agencies for immediate dissemination
1263	1263	14 data that can assist appropriate agencies in recovering
1264	1264	15 missing persons and provide access by authorized entities to
1265	1265	16 various data repositories available through LEADS for criminal
1266	1266	17 justice and related purposes. To assist the Illinois State
1267	1267	18 Police in this effort, funds may be appropriated from the
1268	1268	19 LEADS Maintenance Fund. Funds may be appropriated from the
1269	1269	20 LEADS Maintenance Fund to the Illinois State Police to finance
1270	1270	21 any of its lawful purposes or functions in relation to
1271	1271	22 defraying the expenses associated with establishing,
1272	1272	23 maintaining, and supporting the issuance of electronic
1273	1273	24 citations.
1274	1274	25 (b) In exercising its duties under this Section, the
1275	1275
1276	1276
1277	1277
1278	1278
1279	1279
1280	1280	HB3896 - 34 - LRB103 27292 AWJ 53663 b
1281	1281
1282	1282
1283	1283	HB3896- 35 -LRB103 27292 AWJ 53663 b HB3896 - 35 - LRB103 27292 AWJ 53663 b
1284	1284	HB3896 - 35 - LRB103 27292 AWJ 53663 b
1285	1285	1 Illinois State Police shall provide a uniform reporting format
1286	1286	2 (LEADS) for the entry of pertinent information regarding the
1287	1287	3 report of a missing person into LEADS. The report must include
1288	1288	4 all of the following:
1289	1289	5 (1) Relevant information obtained from the
1290	1290	6 notification concerning the missing person, including all
1291	1291	7 of the following:
1292	1292	8 (A) a physical description of the missing person;
1293	1293	9 (B) the date, time, and place that the missing
1294	1294	10 person was last seen; and
1295	1295	11 (C) the missing person's address.
1296	1296	12 (2) Information gathered by a preliminary
1297	1297	13 investigation, if one was made.
1298	1298	14 (3) A statement by the law enforcement officer in
1299	1299	15 charge stating the officer's assessment of the case based
1300	1300	16 on the evidence and information received.
1301	1301	17 (b-5) The Illinois State Police shall:
1302	1302	18 (1) Develop and implement a policy whereby a statewide
1303	1303	19 or regional alert would be used in situations relating to
1304	1304	20 the disappearances of individuals, based on criteria and
1305	1305	21 in a format established by the Illinois State Police. Such
1306	1306	22 a format shall include, but not be limited to, the age of
1307	1307	23 the missing person and the suspected circumstance of the
1308	1308	24 disappearance.
1309	1309	25 (2) Notify all law enforcement agencies that reports
1310	1310	26 of missing persons shall be entered as soon as the minimum
1311	1311
1312	1312
1313	1313
1314	1314
1315	1315
1316	1316	HB3896 - 35 - LRB103 27292 AWJ 53663 b
1317	1317
1318	1318
1319	1319	HB3896- 36 -LRB103 27292 AWJ 53663 b HB3896 - 36 - LRB103 27292 AWJ 53663 b
1320	1320	HB3896 - 36 - LRB103 27292 AWJ 53663 b
1321	1321	1 level of data specified by the Illinois State Police is
1322	1322	2 available to the reporting agency and that no waiting
1323	1323	3 period for the entry of the data exists.
1324	1324	4 (3) Compile and retain information regarding lost,
1325	1325	5 abducted, or missing, or runaway minors in a separate data
1326	1326	6 file, in a manner that allows that information to be used
1327	1327	7 by law enforcement and other agencies deemed appropriate
1328	1328	8 by the Director, for investigative purposes. The
1329	1329	9 information shall include the disposition of all reported
1330	1330	10 lost, abducted, or missing, or runaway minor cases.
1331	1331	11 (4) Compile and maintain an historic data repository
1332	1332	12 relating to lost, abducted, or missing, or runaway minors
1333	1333	13 and other missing persons, including, but not limited to,
1334	1334	14 lost or missing individuals with developmental or
1335	1335	15 intellectual disabilities and missing endangered seniors,
1336	1336	16 in order to develop and improve techniques utilized by law
1337	1337	17 enforcement agencies when responding to reports of missing
1338	1338	18 persons.
1339	1339	19 (5) Create a quality control program regarding
1340	1340	20 confirmation of missing person data, timeliness of entries
1341	1341	21 of missing person reports into LEADS, and performance
1342	1342	22 audits of all entering agencies.
1343	1343	23 (6) Create the Be on the Lookout (BOLO) System in
1344	1344	24 LEADS that would alert the Missing Persons Awareness
1345	1345	25 Network or similar volunteer network when an endangered
1346	1346	26 missing youth is entered into LEADS. The Illinois State
1347	1347
1348	1348
1349	1349
1350	1350
1351	1351
1352	1352	HB3896 - 36 - LRB103 27292 AWJ 53663 b
1353	1353
1354	1354
1355	1355	HB3896- 37 -LRB103 27292 AWJ 53663 b HB3896 - 37 - LRB103 27292 AWJ 53663 b
1356	1356	HB3896 - 37 - LRB103 27292 AWJ 53663 b
1357	1357	1 Police shall coordinate with the Missing Persons Awareness
1358	1358	2 Network or similar volunteer network as provided under
1359	1359	3 paragraph (5) of subsection (c) of Section 10 of the
1360	1360	4 Missing Persons Identification Act. As used in this
1361	1361	5 paragraph, "endangered missing youth" has the meaning
1362	1362	6 given to that term in Section 10 of the Missing Persons
1363	1363	7 Identification Act.
1364	1364	8 (c) The Illinois Law Enforcement Training Standards Board
1365	1365	9 shall conduct a training program for law enforcement personnel
1366	1366	10 of local governmental agencies in the Missing Persons
1367	1367	11 Identification Act.
1368	1368	12 (d) The Illinois State Police shall perform the duties
1369	1369	13 prescribed in the Missing Persons Identification Act, subject
1370	1370	14 to appropriation.
1371	1371	15 (Source: P.A. 102-538, eff. 8-20-21.)
1372	1372	16 Section 20. The Missing Persons Identification Act is
1373	1373	17 amended by changing Section 10 as follows:
1374	1374	18 (50 ILCS 722/10)
1375	1375	19 Sec. 10. Law enforcement analysis and reporting of missing
1376	1376	20 person information.
1377	1377	21 (a) Definitions. As used in this Section: Prompt
1378	1378	22 determination and definition of a high-risk missing person.
1379	1379	23 (1) Definition. "Endangered missing youth" means a person
1380	1380	24 age 18 or younger whose whereabouts are not currently known.
1381	1381
1382	1382
1383	1383
1384	1384
1385	1385
1386	1386	HB3896 - 37 - LRB103 27292 AWJ 53663 b
1387	1387
1388	1388
1389	1389	HB3896- 38 -LRB103 27292 AWJ 53663 b HB3896 - 38 - LRB103 27292 AWJ 53663 b
1390	1390	HB3896 - 38 - LRB103 27292 AWJ 53663 b
1391	1391	1 All youth are assumed abducted until evidence proves that it
1392	1392	2 is a case of a runaway youth.
1393	1393	3 "High-risk missing person" means a person whose
1394	1394	4 whereabouts are not currently known and whose circumstances
1395	1395	5 indicate that the person may be at risk of injury or death. The
1396	1396	6 circumstances that indicate that a person is a high-risk
1397	1397	7 missing person include, but are not limited to, any of the
1398	1398	8 following:
1399	1399	9 (A) the person is missing as a result of a stranger
1400	1400	10 abduction;
1401	1401	11 (B) the person is missing under suspicious
1402	1402	12 circumstances;
1403	1403	13 (C) the person is missing under unknown circumstances;
1404	1404	14 (D) the person is missing under known dangerous
1405	1405	15 circumstances;
1406	1406	16 (E) the person is missing more than 30 days;
1407	1407	17 (F) the person has already been designated as a
1408	1408	18 high-risk missing person by another law enforcement
1409	1409	19 agency;
1410	1410	20 (G) there is evidence that the person is at risk
1411	1411	21 because:
1412	1412	22 (i) the person is in need of medical
1413	1413	23 attention, including but not limited to persons
1414	1414	24 with dementia-like symptoms, or prescription
1415	1415	25 medication;
1416	1416	26 (ii) the person does not have a pattern of
1417	1417
1418	1418
1419	1419
1420	1420
1421	1421
1422	1422	HB3896 - 38 - LRB103 27292 AWJ 53663 b
1423	1423
1424	1424
1425	1425	HB3896- 39 -LRB103 27292 AWJ 53663 b HB3896 - 39 - LRB103 27292 AWJ 53663 b
1426	1426	HB3896 - 39 - LRB103 27292 AWJ 53663 b
1427	1427	1 running away or disappearing;
1428	1428	2 (iii) the person may have been abducted by a
1429	1429	3 non-custodial parent;
1430	1430	4 (iv) the person is mentally impaired,
1431	1431	5 including, but not limited to, a person having a
1432	1432	6 developmental disability, as defined in Section
1433	1433	7 1-106 of the Mental Health and Developmental
1434	1434	8 Disabilities Code, or a person having an
1435	1435	9 intellectual disability, as defined in Section
1436	1436	10 1-116 of the Mental Health and Developmental
1437	1437	11 Disabilities Code;
1438	1438	12 (v) the person is under the age of 21;
1439	1439	13 (vi) the person has been the subject of past
1440	1440	14 threats or acts of violence;
1441	1441	15 (vii) the person has eloped from a nursing
1442	1442	16 home;
1443	1443	17 (G-5) the person is a veteran or active duty member of
1444	1444	18 the United States Armed Forces, the National Guard, or any
1445	1445	19 reserve component of the United States Armed Forces who is
1446	1446	20 believed to have a physical or mental health condition
1447	1447	21 that is related to his or her service; or
1448	1448	22 (G-6) the person is an endangered missing youth; or
1449	1449	23 (H) any other factor that may, in the judgment of the
1450	1450	24 law enforcement official, indicate that the missing person
1451	1451	25 may be at risk.
1452	1452	26 (b) Law enforcement risk assessment.
1453	1453
1454	1454
1455	1455
1456	1456
1457	1457
1458	1458	HB3896 - 39 - LRB103 27292 AWJ 53663 b
1459	1459
1460	1460
1461	1461	HB3896- 40 -LRB103 27292 AWJ 53663 b HB3896 - 40 - LRB103 27292 AWJ 53663 b
1462	1462	HB3896 - 40 - LRB103 27292 AWJ 53663 b
1463	1463	1 (1) Upon initial receipt of a missing person report,
1464	1464	2 the law enforcement agency shall immediately determine
1465	1465	3 whether there is a basis to determine that the missing
1466	1466	4 person is a high-risk missing person.
1467	1467	5 (2) If a law enforcement agency has previously
1468	1468	6 determined that a missing person is not a high-risk
1469	1469	7 missing person, but obtains new information, it shall
1470	1470	8 immediately determine whether the information indicates
1471	1471	9 that the missing person is a high-risk missing person.
1472	1472	10 (3) Law enforcement agencies are encouraged to
1473	1473	11 establish written protocols for the handling of missing
1474	1474	12 person cases to accomplish the purposes of this Act.
1475	1475	13 (c) Law enforcement reporting.
1476	1476	14 (1) The responding local law enforcement agency shall
1477	1477	15 immediately enter all collected information relating to
1478	1478	16 the missing person case in the Law Enforcement Agencies
1479	1479	17 Data System (LEADS) and the National Crime Information
1480	1480	18 Center (NCIC) databases and the National Missing and
1481	1481	19 Unidentified Persons System (NamUs) within 45 days after
1482	1482	20 the receipt of the report, or in the case of (i) a
1483	1483	21 high-risk high risk missing person, within 30 days after
1484	1484	22 the receipt of the report, or (ii) an endangered missing
1485	1485	23 youth, immediately following the assignment of a case
1486	1486	24 number to the endangered missing youth case. If the DNA
1487	1487	25 sample submission is to a National Missing and
1488	1488	26 Unidentified Persons System (NamUs) partner laboratory,
1489	1489
1490	1490
1491	1491
1492	1492
1493	1493
1494	1494	HB3896 - 40 - LRB103 27292 AWJ 53663 b
1495	1495
1496	1496
1497	1497	HB3896- 41 -LRB103 27292 AWJ 53663 b HB3896 - 41 - LRB103 27292 AWJ 53663 b
1498	1498	HB3896 - 41 - LRB103 27292 AWJ 53663 b
1499	1499	1 the DNA profile may be uploaded by the partner laboratory
1500	1500	2 to the National DNA Index System (NDIS). A packet
1501	1501	3 submission of all relevant reports and DNA samples may be
1502	1502	4 sent to the National Missing and Unidentified Persons
1503	1503	5 System (NamUs) within 30 days for any high-risk missing
1504	1504	6 person cases. The information shall be provided in
1505	1505	7 accordance with applicable guidelines relating to the
1506	1506	8 databases. The information shall be entered as follows:
1507	1507	9 (A) If Illinois State Police laboratories are
1508	1508	10 utilized in lieu of National Missing and Unidentified
1509	1509	11 Persons System (NamUs) partner laboratories, all
1510	1510	12 appropriate DNA profiles, as determined by the
1511	1511	13 Illinois State Police, shall be uploaded into the
1512	1512	14 missing person databases of the State DNA Index System
1513	1513	15 (SDIS) and National DNA Index System (NDIS) after
1514	1514	16 completion of the DNA analysis and other procedures
1515	1515	17 required for database entry. The responding local law
1516	1516	18 enforcement agency may submit any DNA samples
1517	1517	19 voluntarily obtained from family members to a National
1518	1518	20 Missing and Unidentified Persons System (NamUs)
1519	1519	21 partner laboratory for DNA analysis within 30 days. A
1520	1520	22 notation of DNA submission may be made within the
1521	1521	23 National Missing and Unidentified Persons System
1522	1522	24 (NamUs) record.
1523	1523	25 (B) Information relevant to the Federal Bureau of
1524	1524	26 Investigation's Violent Criminal Apprehension Program
1525	1525
1526	1526
1527	1527
1528	1528
1529	1529
1530	1530	HB3896 - 41 - LRB103 27292 AWJ 53663 b
1531	1531
1532	1532
1533	1533	HB3896- 42 -LRB103 27292 AWJ 53663 b HB3896 - 42 - LRB103 27292 AWJ 53663 b
1534	1534	HB3896 - 42 - LRB103 27292 AWJ 53663 b
1535	1535	1 shall be entered as soon as possible.
1536	1536	2 (C) The Illinois State Police shall ensure that
1537	1537	3 persons entering data relating to medical or dental
1538	1538	4 records in State or federal databases are specifically
1539	1539	5 trained to understand and correctly enter the
1540	1540	6 information sought by these databases. The Illinois
1541	1541	7 State Police shall either use a person with specific
1542	1542	8 expertise in medical or dental records for this
1543	1543	9 purpose or consult with a chief medical examiner,
1544	1544	10 forensic anthropologist, or odontologist to ensure the
1545	1545	11 accuracy and completeness of information entered into
1546	1546	12 the State and federal databases.
1547	1547	13 (2) The Illinois State Police shall immediately notify
1548	1548	14 all law enforcement agencies within this State and the
1549	1549	15 surrounding region of the information that will aid in the
1550	1550	16 prompt location and safe return of the high-risk missing
1551	1551	17 person.
1552	1552	18 (3) The local law enforcement agencies that receive
1553	1553	19 the notification from the Illinois State Police shall
1554	1554	20 notify officers to be on the lookout for the missing
1555	1555	21 person or a suspected abductor.
1556	1556	22 (4) Pursuant to any applicable State criteria, local
1557	1557	23 law enforcement agencies shall also provide for the prompt
1558	1558	24 use of an Amber Alert in cases involving abducted
1559	1559	25 children; or use of the Endangered Missing Person Advisory
1560	1560	26 in appropriate high-risk high risk cases, or use the Be on
1561	1561
1562	1562
1563	1563
1564	1564
1565	1565
1566	1566	HB3896 - 42 - LRB103 27292 AWJ 53663 b
1567	1567
1568	1568
1569	1569	HB3896- 43 -LRB103 27292 AWJ 53663 b HB3896 - 43 - LRB103 27292 AWJ 53663 b
1570	1570	HB3896 - 43 - LRB103 27292 AWJ 53663 b
1571	1571	1 the Lookout (BOLO) System in endangered missing youth
1572	1572	2 cases;
1573	1573	3 (5) In cases where the Be on the Lookout (BOLO) System
1574	1574	4 has been triggered for an endangered missing youth, the
1575	1575	5 Missing Persons Action Network or similar volunteer
1576	1576	6 network must assign a liaison responsible for reaching out
1577	1577	7 to the family and assisting law enforcement and the family
1578	1578	8 in finding the endangered missing youth, as well as
1579	1579	9 putting the family in contact with the organization's
1580	1580	10 network of investigators.
1581	1581	11 (Source: P.A. 101-81, eff. 7-12-19; 101-266, eff. 1-1-21;
1582	1582	12 102-538, eff. 8-20-21.)
1583	1583	13 Section 25. The Counties Code is amended by changing
1584	1584	14 Section 5-1090 as follows:
1585	1585	15 (55 ILCS 5/5-1090) (from Ch. 34, par. 5-1090)
1586	1586	16 Sec. 5-1090. Missing Runaway or homeless youths. A county
1587	1587	17 board may annually appropriate funds to private nonprofit
1588	1588	18 organizations for the purpose of providing services to missing
1589	1589	19 runaway or homeless youths and their families. The services
1590	1590	20 may include temporary shelter, food, clothing, medical care,
1591	1591	21 transportation, individual and family counseling, and any
1592	1592	22 other service necessary to provide adequate temporary,
1593	1593	23 protective care for missing runaway or homeless youths, and to
1594	1594	24 reunite the youths with their parents or guardians. For the
1595	1595
1596	1596
1597	1597
1598	1598
1599	1599
1600	1600	HB3896 - 43 - LRB103 27292 AWJ 53663 b
1601	1601
1602	1602
1603	1603	HB3896- 44 -LRB103 27292 AWJ 53663 b HB3896 - 44 - LRB103 27292 AWJ 53663 b
1604	1604	HB3896 - 44 - LRB103 27292 AWJ 53663 b
1605	1605	1 purposes of this Section, "missing runaway or homeless youth"
1606	1606	2 means a person under the age of 18, who is absent from his
1607	1607	3 legal residence without the consent of his parent or legal
1608	1608	4 guardian, or who is without a place of shelter where
1609	1609	5 supervision and care are available.
1610	1610	6 (Source: P.A. 86-962.)
1611	1611	7 Section 30. The Township Code is amended by changing
1612	1612	8 Section 215-15 as follows:
1613	1613	9 (60 ILCS 1/215-15)
1614	1614	10 Sec. 215-15. Missing Runaway or homeless youths. The
1615	1615	11 township board annually may appropriate funds to private
1616	1616	12 nonprofit organizations for the purpose of providing services
1617	1617	13 to missing runaway or homeless youths and their families. The
1618	1618	14 services may include temporary shelter, food, clothing,
1619	1619	15 medical care, transportation, individual and family
1620	1620	16 counseling, and any other service necessary to provide
1621	1621	17 adequate temporary, protective care for missing runaway or
1622	1622	18 homeless youths and to reunite the youths with their parents
1623	1623	19 or guardians. For purposes of this Section, "missing runaway
1624	1624	20 or homeless youth" means a person under the age of 18 years who
1625	1625	21 is absent from his legal residence without the consent of his
1626	1626	22 parent or legal guardian or who is without a place of shelter
1627	1627	23 where supervision and care are available.
1628	1628	24 (Source: P.A. 83-1284; 88-62.)
1629	1629
1630	1630
1631	1631
1632	1632
1633	1633
1634	1634	HB3896 - 44 - LRB103 27292 AWJ 53663 b
1635	1635
1636	1636
1637	1637	HB3896- 45 -LRB103 27292 AWJ 53663 b HB3896 - 45 - LRB103 27292 AWJ 53663 b
1638	1638	HB3896 - 45 - LRB103 27292 AWJ 53663 b
1639	1639	1 Section 35. The Illinois Municipal Code is amended by
1640	1640	2 changing Section 11-5.2-3 as follows:
1641	1641	3 (65 ILCS 5/11-5.2-3) (from Ch. 24, par. 11-5.2-3)
1642	1642	4 Sec. 11-5.2-3. The corporate authorities of a municipality
1643	1643	5 annually may appropriate funds to private nonprofit
1644	1644	6 organizations for the purpose of providing services to missing
1645	1645	7 runaway or homeless youths and their families. Such services
1646	1646	8 may include temporary shelter, food, clothing, medical care,
1647	1647	9 transportation, individual and family counseling, and any
1648	1648	10 other service necessary to provide adequate temporary,
1649	1649	11 protective care for missing runaway or homeless youths, and to
1650	1650	12 reunite the youths with their parents or guardians. For the
1651	1651	13 purposes of this Section, "missing runaway or homeless youth"
1652	1652	14 means a person under the age of 18 years who is absent from his
1653	1653	15 legal residence without the consent of his parent or legal
1654	1654	16 guardian, or who is without a place of shelter where
1655	1655	17 supervision and care are available.
1656	1656	18 (Source: P.A. 83-1284.)
1657	1657	19 Section 40. The Intergovernmental Missing Child Recovery
1658	1658	20 Act of 1984 is amended by changing Sections 3, 6, and 7 as
1659	1659	21 follows:
1660	1660	22 (325 ILCS 40/3) (from Ch. 23, par. 2253)
1661	1661
1662	1662
1663	1663
1664	1664
1665	1665
1666	1666	HB3896 - 45 - LRB103 27292 AWJ 53663 b
1667	1667
1668	1668
1669	1669	HB3896- 46 -LRB103 27292 AWJ 53663 b HB3896 - 46 - LRB103 27292 AWJ 53663 b
1670	1670	HB3896 - 46 - LRB103 27292 AWJ 53663 b
1671	1671	1 Sec. 3. The Illinois State Police shall establish a State
1672	1672	2 Missing Persons Clearinghouse as a resource to promote an
1673	1673	3 immediate and effective community response to missing children
1674	1674	4 and may engage in, but shall not be limited to, the following
1675	1675	5 activities:
1676	1676	6 (a) To establish and conduct programs to educate parents,
1677	1677	7 children and communities in ways to prevent the abduction of
1678	1678	8 children.
1679	1679	9 (b) To conduct training programs and distribute materials
1680	1680	10 providing guidelines for children when dealing with strangers,
1681	1681	11 casual acquaintances, or non-custodial parents, in order to
1682	1682	12 avoid abduction or kidnapping situations.
1683	1683	13 (c) To compile, maintain and make available data upon the
1684	1684	14 request of law enforcement agencies and other entities deemed
1685	1685	15 appropriate by the Illinois State Police to assist enforcement
1686	1686	16 agencies in recovering missing children, including but not
1687	1687	17 limited to data regarding the places of shelter commonly used
1688	1688	18 by missing runaway children in a requested geographical area.
1689	1689	19 (d) To draft and implement plans for the most efficient
1690	1690	20 use of available resources to publicize information regarding
1691	1691	21 missing children.
1692	1692	22 (e) To establish and maintain contacts with other state
1693	1693	23 missing persons clearinghouses, law enforcement agencies, and
1694	1694	24 missing persons non-profit organizations in order to increase
1695	1695	25 the probability of locating and returning missing children,
1696	1696	26 and to otherwise assist in the recovery and tracking of
1697	1697
1698	1698
1699	1699
1700	1700
1701	1701
1702	1702	HB3896 - 46 - LRB103 27292 AWJ 53663 b
1703	1703
1704	1704
1705	1705	HB3896- 47 -LRB103 27292 AWJ 53663 b HB3896 - 47 - LRB103 27292 AWJ 53663 b
1706	1706	HB3896 - 47 - LRB103 27292 AWJ 53663 b
1707	1707	1 missing children.
1708	1708	2 (f) To coordinate the tracking and recovery of children
1709	1709	3 under the custody or guardianship of the Department of
1710	1710	4 Children and Family Services whose disappearance has been
1711	1711	5 reported and to produce an annual report indicating the number
1712	1712	6 of children under the custody or guardianship of that
1713	1713	7 Department who have been reported missing and the number who
1714	1714	8 have been recovered.
1715	1715	9 (g) To conduct other activities as may be necessary to
1716	1716	10 achieve the goals established by this Act.
1717	1717	11 (Source: P.A. 102-538, eff. 8-20-21.)
1718	1718	12 (325 ILCS 40/6) (from Ch. 23, par. 2256)
1719	1719	13 Sec. 6. The Illinois State Police shall:
1720	1720	14 (a) Utilize the statewide Law Enforcement Agencies Data
1721	1721	15 System (LEADS) for the purpose of effecting an immediate law
1722	1722	16 enforcement response to reports of missing children. The
1723	1723	17 Illinois State Police shall implement an automated data
1724	1724	18 exchange system to compile, to maintain and to make available
1725	1725	19 for dissemination to Illinois and out-of-State law enforcement
1726	1726	20 agencies, data which can assist appropriate agencies in
1727	1727	21 recovering missing children.
1728	1728	22 (b) Establish contacts and exchange information regarding
1729	1729	23 lost or , missing or runaway children with nationally
1730	1730	24 recognized "missing person and runaway" service organizations
1731	1731	25 and monitor national research and publicize important
1732	1732
1733	1733
1734	1734
1735	1735
1736	1736
1737	1737	HB3896 - 47 - LRB103 27292 AWJ 53663 b
1738	1738
1739	1739
1740	1740	HB3896- 48 -LRB103 27292 AWJ 53663 b HB3896 - 48 - LRB103 27292 AWJ 53663 b
1741	1741	HB3896 - 48 - LRB103 27292 AWJ 53663 b
1742	1742	1 developments.
1743	1743	2 (c) Provide a uniform reporting format for the entry of
1744	1744	3 pertinent information regarding reports of missing children
1745	1745	4 into LEADS.
1746	1746	5 (d) Develop and implement a policy whereby a statewide or
1747	1747	6 regional alert would be used in situations relating to the
1748	1748	7 disappearances of children, based on criteria and in a format
1749	1749	8 established by the Illinois State Police. Such a format shall
1750	1750	9 include, but not be limited to, the age and physical
1751	1751	10 description of the missing child and the suspected
1752	1752	11 circumstances of the disappearance.
1753	1753	12 (e) Notify all law enforcement agencies that reports of
1754	1754	13 missing persons shall be entered as soon as the minimum level
1755	1755	14 of data specified by the Illinois State Police is available to
1756	1756	15 the reporting agency and that no waiting period for entry of
1757	1757	16 such data exists.
1758	1758	17 (f) Provide a procedure for prompt confirmation of the
1759	1759	18 receipt and entry of the missing child report into LEADS to the
1760	1760	19 parent or guardian of the missing child.
1761	1761	20 (g) Compile and retain information regarding missing
1762	1762	21 children in a separate data file, in a manner that allows such
1763	1763	22 information to be used by law enforcement and other agencies
1764	1764	23 deemed appropriate by the Director, for investigative
1765	1765	24 purposes. Such files shall be updated to reflect and include
1766	1766	25 information relating to the disposition of the case.
1767	1767	26 (h) Compile and maintain an historic data repository
1768	1768
1769	1769
1770	1770
1771	1771
1772	1772
1773	1773	HB3896 - 48 - LRB103 27292 AWJ 53663 b
1774	1774
1775	1775
1776	1776	HB3896- 49 -LRB103 27292 AWJ 53663 b HB3896 - 49 - LRB103 27292 AWJ 53663 b
1777	1777	HB3896 - 49 - LRB103 27292 AWJ 53663 b
1778	1778	1 relating to missing children in order (1) to develop and
1779	1779	2 improve techniques utilized by law enforcement agencies when
1780	1780	3 responding to reports of missing children and (2) to provide a
1781	1781	4 factual and statistical base for research that would address
1782	1782	5 the problem of missing children.
1783	1783	6 (i) Create a quality control program to monitor timeliness
1784	1784	7 of entries of missing children reports into LEADS and conduct
1785	1785	8 performance audits of all entering agencies.
1786	1786	9 (j) Prepare a periodic information bulletin concerning
1787	1787	10 missing children who it determines may be present in this
1788	1788	11 State, compiling such bulletin from information contained in
1789	1789	12 both the National Crime Information Center computer and from
1790	1790	13 reports, alerts and other information entered into LEADS or
1791	1791	14 otherwise compiled and retained by the Illinois State Police
1792	1792	15 pursuant to this Act. The bulletin shall indicate the name,
1793	1793	16 age, physical description, suspected circumstances of
1794	1794	17 disappearance if that information is available, a photograph
1795	1795	18 if one is available, the name of the law enforcement agency
1796	1796	19 investigating the case, and such other information as the
1797	1797	20 Director considers appropriate concerning each missing child
1798	1798	21 who the Illinois State Police determines may be present in
1799	1799	22 this State. The Illinois State Police shall send a copy of each
1800	1800	23 periodic information bulletin to the State Board of Education
1801	1801	24 for its use in accordance with Section 2-3.48 of the School
1802	1802	25 Code. The Illinois State Police shall provide a copy of the
1803	1803	26 bulletin, upon request, to law enforcement agencies of this or
1804	1804
1805	1805
1806	1806
1807	1807
1808	1808
1809	1809	HB3896 - 49 - LRB103 27292 AWJ 53663 b
1810	1810
1811	1811
1812	1812	HB3896- 50 -LRB103 27292 AWJ 53663 b HB3896 - 50 - LRB103 27292 AWJ 53663 b
1813	1813	HB3896 - 50 - LRB103 27292 AWJ 53663 b
1814	1814	1 any other state or of the federal government, and may provide a
1815	1815	2 copy of the bulletin, upon request, to other persons or
1816	1816	3 entities, if deemed appropriate by the Director, and may
1817	1817	4 establish limitations on its use and a reasonable fee for so
1818	1818	5 providing the same, except that no fee shall be charged for
1819	1819	6 providing the periodic information bulletin to the State Board
1820	1820	7 of Education, appropriate units of local government, State
1821	1821	8 agencies, or law enforcement agencies of this or any other
1822	1822	9 state or of the federal government.
1823	1823	10 (k) Provide for the entry into LEADS of the names and
1824	1824	11 addresses of sex offenders as defined in the Sex Offender
1825	1825	12 Registration Act who are required to register under that Act.
1826	1826	13 The information shall be immediately accessible to law
1827	1827	14 enforcement agencies and peace officers of this State or any
1828	1828	15 other state or of the federal government. Similar information
1829	1829	16 may be requested from any other state or of the federal
1830	1830	17 government for purposes of this Act.
1831	1831	18 (l) Provide for the entry into LEADS of the names and
1832	1832	19 addresses of violent offenders against youth as defined in the
1833	1833	20 Murderer and Violent Offender Against Youth Registration Act
1834	1834	21 who are required to register under that Act. The information
1835	1835	22 shall be immediately accessible to law enforcement agencies
1836	1836	23 and peace officers of this State or any other state or of the
1837	1837	24 federal government. Similar information may be requested from
1838	1838	25 any other state or of the federal government for purposes of
1839	1839	26 this Act.
1840	1840
1841	1841
1842	1842
1843	1843
1844	1844
1845	1845	HB3896 - 50 - LRB103 27292 AWJ 53663 b
1846	1846
1847	1847
1848	1848	HB3896- 51 -LRB103 27292 AWJ 53663 b HB3896 - 51 - LRB103 27292 AWJ 53663 b
1849	1849	HB3896 - 51 - LRB103 27292 AWJ 53663 b
1850	1850	1 (Source: P.A. 102-538, eff. 8-20-21.)
1851	1851	2 (325 ILCS 40/7) (from Ch. 23, par. 2257)
1852	1852	3 Sec. 7. (a) All law enforcement agencies and policing
1853	1853	4 bodies of this State shall, upon receipt of a report of a
1854	1854	5 missing person, enter that report into LEADS as soon as the
1855	1855	6 minimum level of data specified pursuant to subsection (e) of
1856	1856	7 Section 6 is available and shall furnish the Illinois State
1857	1857	8 Police, in the form and detail the Illinois State Police
1858	1858	9 requires, (1) reports of cases of lost or , missing or runaway
1859	1859	10 children as they arise and the disposition of such cases, (2)
1860	1860	11 information relating to sex crimes which occurred in their
1861	1861	12 respective jurisdictions and which they investigated, and (3)
1862	1862	13 the names and addresses of sex offenders required to register
1863	1863	14 in their respective jurisdictions under the Sex Offender
1864	1864	15 Registration Act. Such information shall be submitted on a
1865	1865	16 regular basis, as deemed necessary by the Illinois State
1866	1866	17 Police, and shall be kept in a central automated data
1867	1867	18 repository for the purpose of establishing profiles of sex
1868	1868	19 offenders and victims and to assist all law enforcement
1869	1869	20 agencies in the identification and apprehension of sex
1870	1870	21 offenders.
1871	1871	22 (b) In addition to entering the report of a missing child
1872	1872	23 into LEADS as prescribed by subsection (a), all law
1873	1873	24 enforcement agencies shall, upon receipt of a report of a
1874	1874	25 missing child:
1875	1875
1876	1876
1877	1877
1878	1878
1879	1879
1880	1880	HB3896 - 51 - LRB103 27292 AWJ 53663 b
1881	1881
1882	1882
1883	1883	HB3896- 52 -LRB103 27292 AWJ 53663 b HB3896 - 52 - LRB103 27292 AWJ 53663 b
1884	1884	HB3896 - 52 - LRB103 27292 AWJ 53663 b
1885	1885	1 (1) Immediately make a radio dispatch to officers on
1886	1886	2 duty at the time of receipt of the report. The dispatch
1887	1887	3 shall contain the name and approximate age of the missing
1888	1888	4 child and any other pertinent information available at
1889	1889	5 that time. In the event that the law enforcement agency
1890	1890	6 receiving the report of the missing child does not operate
1891	1891	7 a radio dispatch system, a geographically appropriate
1892	1892	8 radio dispatch system shall be used, such as the Illinois
1893	1893	9 State Police Emergency Radio Network or a similar
1894	1894	10 multi-agency law enforcement radio communication system
1895	1895	11 serving the area of the reporting agency.
1896	1896	12 In addition, in the event that a missing child is not
1897	1897	13 recovered during the work shift in which the radio
1898	1898	14 dispatch was made, the law enforcement agency receiving
1899	1899	15 the report of the missing child shall disseminate the
1900	1900	16 information relating to the missing child to all sworn
1901	1901	17 personnel employed by the agency who work or are assigned
1902	1902	18 to other shifts or time periods.
1903	1903	19 (2) Immediately contact State Missing Persons
1904	1904	20 Clearinghouse personnel designated by the Illinois State
1905	1905	21 Police, by a means and in a manner and form prescribed by
1906	1906	22 the Illinois State Police, informing the personnel of the
1907	1907	23 report of the missing child.
1908	1908	24 (Source: P.A. 102-538, eff. 8-20-21.)
1909	1909	25 Section 45. The Missing Children Records Act is amended by
1910	1910
1911	1911
1912	1912
1913	1913
1914	1914
1915	1915	HB3896 - 52 - LRB103 27292 AWJ 53663 b
1916	1916
1917	1917
1918	1918	HB3896- 53 -LRB103 27292 AWJ 53663 b HB3896 - 53 - LRB103 27292 AWJ 53663 b
1919	1919	HB3896 - 53 - LRB103 27292 AWJ 53663 b
1920	1920	1 changing Section 1 as follows:
1921	1921	2 (325 ILCS 50/1) (from Ch. 23, par. 2281)
1922	1922	3 Sec. 1. Definitions. As used in this Act, unless the
1923	1923	4 context requires otherwise:
1924	1924	5 (a) "Custodian" means the State Registrar of Vital
1925	1925	6 Records, local registrars of vital records appointed by the
1926	1926	7 State Registrar and county clerks.
1927	1927	8 (b) (Blank).
1928	1928	9 (c) "Missing person" means a person 17 years old or
1929	1929	10 younger reported to any law enforcement authority as abducted,
1930	1930	11 lost, or missing a runaway.
1931	1931	12 (d) "Registrar" means the State Registrar of Vital
1932	1932	13 Records.
1933	1933	14 (Source: P.A. 102-538, eff. 8-20-21.)
1934	1934	15 Section 50. The Missing Children Registration Law is
1935	1935	16 amended by changing Section 1 as follows:
1936	1936	17 (325 ILCS 55/1) (from Ch. 23, par. 2271)
1937	1937	18 Sec. 1. Definitions. As used in this Article, unless the
1938	1938	19 context requires otherwise:
1939	1939	20 (a) "Custodian" means the State Registrar of Vital
1940	1940	21 Records, local registrars of vital records appointed by the
1941	1941	22 State Registrar and county clerks.
1942	1942	23 (b) (Blank).
1943	1943
1944	1944
1945	1945
1946	1946
1947	1947
1948	1948	HB3896 - 53 - LRB103 27292 AWJ 53663 b
1949	1949
1950	1950
1951	1951	HB3896- 54 -LRB103 27292 AWJ 53663 b HB3896 - 54 - LRB103 27292 AWJ 53663 b
1952	1952	HB3896 - 54 - LRB103 27292 AWJ 53663 b
1953	1953	1 (c) "Missing child" means a person under the age of 18
1954	1954	2 years, reported to any law enforcement authority as abducted,
1955	1955	3 lost, or missing a runaway, whose identity is entered into the
1956	1956	4 Law Enforcement Agencies Data System.
1957	1957	5 (d) "Registrar" means the State Registrar of Vital
1958	1958	6 Records.
1959	1959	7 (Source: P.A. 102-538, eff. 8-20-21.)
1960	1960
1961	1961
1962	1962
1963	1963
1964	1964
1965	1965	HB3896 - 54 - LRB103 27292 AWJ 53663 b