Illinois 2023-2024 Regular Session

Illinois House Bill HB4095 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 HB4095 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED: 20 ILCS 505/5 from Ch. 23, par. 5005 Amends the Children and Family Services Act. Provides that final approval for placement of a child with a prospective foster or adoptive parent shall not be granted if a criminal records background check reveals the prospective foster or adoptive parent has a felony conviction for human trafficking or sex trafficking. Effective immediately. LRB103 32481 KTG 61978 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4095 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED: 20 ILCS 505/5 from Ch. 23, par. 5005 20 ILCS 505/5 from Ch. 23, par. 5005 Amends the Children and Family Services Act. Provides that final approval for placement of a child with a prospective foster or adoptive parent shall not be granted if a criminal records background check reveals the prospective foster or adoptive parent has a felony conviction for human trafficking or sex trafficking. Effective immediately. LRB103 32481 KTG 61978 b LRB103 32481 KTG 61978 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4095 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED:
3	3	20 ILCS 505/5 from Ch. 23, par. 5005 20 ILCS 505/5 from Ch. 23, par. 5005
4	4	20 ILCS 505/5 from Ch. 23, par. 5005
5	5	Amends the Children and Family Services Act. Provides that final approval for placement of a child with a prospective foster or adoptive parent shall not be granted if a criminal records background check reveals the prospective foster or adoptive parent has a felony conviction for human trafficking or sex trafficking. Effective immediately.
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8	8	A BILL FOR
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10	10	HB4095 LRB103 32481 KTG 61978 b
11	11	1 AN ACT concerning State government.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Children and Family Services Act is amended
15	15	5 by changing Section 5 as follows:
16	16	6 (20 ILCS 505/5) (from Ch. 23, par. 5005)
17	17	7 Sec. 5. Direct child welfare services; Department of
18	18	8 Children and Family Services. To provide direct child welfare
19	19	9 services when not available through other public or private
20	20	10 child care or program facilities.
21	21	11 (a) For purposes of this Section:
22	22	12 (1) "Children" means persons found within the State
23	23	13 who are under the age of 18 years. The term also includes
24	24	14 persons under age 21 who:
25	25	15 (A) were committed to the Department pursuant to
26	26	16 the Juvenile Court Act or the Juvenile Court Act of
27	27	17 1987 and who continue under the jurisdiction of the
28	28	18 court; or
29	29	19 (B) were accepted for care, service and training
30	30	20 by the Department prior to the age of 18 and whose best
31	31	21 interest in the discretion of the Department would be
32	32	22 served by continuing that care, service and training
33	33	23 because of severe emotional disturbances, physical
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4095 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED:
38	38	20 ILCS 505/5 from Ch. 23, par. 5005 20 ILCS 505/5 from Ch. 23, par. 5005
39	39	20 ILCS 505/5 from Ch. 23, par. 5005
40	40	Amends the Children and Family Services Act. Provides that final approval for placement of a child with a prospective foster or adoptive parent shall not be granted if a criminal records background check reveals the prospective foster or adoptive parent has a felony conviction for human trafficking or sex trafficking. Effective immediately.
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43	43	A BILL FOR
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68	68	1 disability, social adjustment or any combination
69	69	2 thereof, or because of the need to complete an
70	70	3 educational or vocational training program.
71	71	4 (2) "Homeless youth" means persons found within the
72	72	5 State who are under the age of 19, are not in a safe and
73	73	6 stable living situation and cannot be reunited with their
74	74	7 families.
75	75	8 (3) "Child welfare services" means public social
76	76	9 services which are directed toward the accomplishment of
77	77	10 the following purposes:
78	78	11 (A) protecting and promoting the health, safety
79	79	12 and welfare of children, including homeless,
80	80	13 dependent, or neglected children;
81	81	14 (B) remedying, or assisting in the solution of
82	82	15 problems which may result in, the neglect, abuse,
83	83	16 exploitation, or delinquency of children;
84	84	17 (C) preventing the unnecessary separation of
85	85	18 children from their families by identifying family
86	86	19 problems, assisting families in resolving their
87	87	20 problems, and preventing the breakup of the family
88	88	21 where the prevention of child removal is desirable and
89	89	22 possible when the child can be cared for at home
90	90	23 without endangering the child's health and safety;
91	91	24 (D) restoring to their families children who have
92	92	25 been removed, by the provision of services to the
93	93	26 child and the families when the child can be cared for
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104	104	1 at home without endangering the child's health and
105	105	2 safety;
106	106	3 (E) placing children in suitable adoptive homes,
107	107	4 in cases where restoration to the biological family is
108	108	5 not safe, possible, or appropriate;
109	109	6 (F) assuring safe and adequate care of children
110	110	7 away from their homes, in cases where the child cannot
111	111	8 be returned home or cannot be placed for adoption. At
112	112	9 the time of placement, the Department shall consider
113	113	10 concurrent planning, as described in subsection (l-1)
114	114	11 of this Section so that permanency may occur at the
115	115	12 earliest opportunity. Consideration should be given so
116	116	13 that if reunification fails or is delayed, the
117	117	14 placement made is the best available placement to
118	118	15 provide permanency for the child;
119	119	16 (G) (blank);
120	120	17 (H) (blank); and
121	121	18 (I) placing and maintaining children in facilities
122	122	19 that provide separate living quarters for children
123	123	20 under the age of 18 and for children 18 years of age
124	124	21 and older, unless a child 18 years of age is in the
125	125	22 last year of high school education or vocational
126	126	23 training, in an approved individual or group treatment
127	127	24 program, in a licensed shelter facility, or secure
128	128	25 child care facility. The Department is not required to
129	129	26 place or maintain children:
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140	140	1 (i) who are in a foster home, or
141	141	2 (ii) who are persons with a developmental
142	142	3 disability, as defined in the Mental Health and
143	143	4 Developmental Disabilities Code, or
144	144	5 (iii) who are female children who are
145	145	6 pregnant, pregnant and parenting, or parenting, or
146	146	7 (iv) who are siblings, in facilities that
147	147	8 provide separate living quarters for children 18
148	148	9 years of age and older and for children under 18
149	149	10 years of age.
150	150	11 (b) (Blank).
151	151	12 (c) The Department shall establish and maintain
152	152	13 tax-supported child welfare services and extend and seek to
153	153	14 improve voluntary services throughout the State, to the end
154	154	15 that services and care shall be available on an equal basis
155	155	16 throughout the State to children requiring such services.
156	156	17 (d) The Director may authorize advance disbursements for
157	157	18 any new program initiative to any agency contracting with the
158	158	19 Department. As a prerequisite for an advance disbursement, the
159	159	20 contractor must post a surety bond in the amount of the advance
160	160	21 disbursement and have a purchase of service contract approved
161	161	22 by the Department. The Department may pay up to 2 months
162	162	23 operational expenses in advance. The amount of the advance
163	163	24 disbursement shall be prorated over the life of the contract
164	164	25 or the remaining months of the fiscal year, whichever is less,
165	165	26 and the installment amount shall then be deducted from future
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176	176	1 bills. Advance disbursement authorizations for new initiatives
177	177	2 shall not be made to any agency after that agency has operated
178	178	3 during 2 consecutive fiscal years. The requirements of this
179	179	4 Section concerning advance disbursements shall not apply with
180	180	5 respect to the following: payments to local public agencies
181	181	6 for child day care services as authorized by Section 5a of this
182	182	7 Act; and youth service programs receiving grant funds under
183	183	8 Section 17a-4.
184	184	9 (e) (Blank).
185	185	10 (f) (Blank).
186	186	11 (g) The Department shall establish rules and regulations
187	187	12 concerning its operation of programs designed to meet the
188	188	13 goals of child safety and protection, family preservation,
189	189	14 family reunification, and adoption, including, but not limited
190	190	15 to:
191	191	16 (1) adoption;
192	192	17 (2) foster care;
193	193	18 (3) family counseling;
194	194	19 (4) protective services;
195	195	20 (5) (blank);
196	196	21 (6) homemaker service;
197	197	22 (7) return of runaway children;
198	198	23 (8) (blank);
199	199	24 (9) placement under Section 5-7 of the Juvenile Court
200	200	25 Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
201	201	26 Court Act of 1987 in accordance with the federal Adoption
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212	212	1 Assistance and Child Welfare Act of 1980; and
213	213	2 (10) interstate services.
214	214	3 Rules and regulations established by the Department shall
215	215	4 include provisions for training Department staff and the staff
216	216	5 of Department grantees, through contracts with other agencies
217	217	6 or resources, in screening techniques to identify substance
218	218	7 use disorders, as defined in the Substance Use Disorder Act,
219	219	8 approved by the Department of Human Services, as a successor
220	220	9 to the Department of Alcoholism and Substance Abuse, for the
221	221	10 purpose of identifying children and adults who should be
222	222	11 referred for an assessment at an organization appropriately
223	223	12 licensed by the Department of Human Services for substance use
224	224	13 disorder treatment.
225	225	14 (h) If the Department finds that there is no appropriate
226	226	15 program or facility within or available to the Department for
227	227	16 a youth in care and that no licensed private facility has an
228	228	17 adequate and appropriate program or none agrees to accept the
229	229	18 youth in care, the Department shall create an appropriate
230	230	19 individualized, program-oriented plan for such youth in care.
231	231	20 The plan may be developed within the Department or through
232	232	21 purchase of services by the Department to the extent that it is
233	233	22 within its statutory authority to do.
234	234	23 (i) Service programs shall be available throughout the
235	235	24 State and shall include but not be limited to the following
236	236	25 services:
237	237	26 (1) case management;
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248	248	1 (2) homemakers;
249	249	2 (3) counseling;
250	250	3 (4) parent education;
251	251	4 (5) day care; and
252	252	5 (6) emergency assistance and advocacy.
253	253	6 In addition, the following services may be made available
254	254	7 to assess and meet the needs of children and families:
255	255	8 (1) comprehensive family-based services;
256	256	9 (2) assessments;
257	257	10 (3) respite care; and
258	258	11 (4) in-home health services.
259	259	12 The Department shall provide transportation for any of the
260	260	13 services it makes available to children or families or for
261	261	14 which it refers children or families.
262	262	15 (j) The Department may provide categories of financial
263	263	16 assistance and education assistance grants, and shall
264	264	17 establish rules and regulations concerning the assistance and
265	265	18 grants, to persons who adopt children with physical or mental
266	266	19 disabilities, children who are older, or other hard-to-place
267	267	20 children who (i) immediately prior to their adoption were
268	268	21 youth in care or (ii) were determined eligible for financial
269	269	22 assistance with respect to a prior adoption and who become
270	270	23 available for adoption because the prior adoption has been
271	271	24 dissolved and the parental rights of the adoptive parents have
272	272	25 been terminated or because the child's adoptive parents have
273	273	26 died. The Department may continue to provide financial
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284	284	1 assistance and education assistance grants for a child who was
285	285	2 determined eligible for financial assistance under this
286	286	3 subsection (j) in the interim period beginning when the
287	287	4 child's adoptive parents died and ending with the finalization
288	288	5 of the new adoption of the child by another adoptive parent or
289	289	6 parents. The Department may also provide categories of
290	290	7 financial assistance and education assistance grants, and
291	291	8 shall establish rules and regulations for the assistance and
292	292	9 grants, to persons appointed guardian of the person under
293	293	10 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
294	294	11 4-25, or 5-740 of the Juvenile Court Act of 1987 for children
295	295	12 who were youth in care for 12 months immediately prior to the
296	296	13 appointment of the guardian.
297	297	14 The amount of assistance may vary, depending upon the
298	298	15 needs of the child and the adoptive parents, as set forth in
299	299	16 the annual assistance agreement. Special purpose grants are
300	300	17 allowed where the child requires special service but such
301	301	18 costs may not exceed the amounts which similar services would
302	302	19 cost the Department if it were to provide or secure them as
303	303	20 guardian of the child.
304	304	21 Any financial assistance provided under this subsection is
305	305	22 inalienable by assignment, sale, execution, attachment,
306	306	23 garnishment, or any other remedy for recovery or collection of
307	307	24 a judgment or debt.
308	308	25 (j-5) The Department shall not deny or delay the placement
309	309	26 of a child for adoption if an approved family is available
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320	320	1 either outside of the Department region handling the case, or
321	321	2 outside of the State of Illinois.
322	322	3 (k) The Department shall accept for care and training any
323	323	4 child who has been adjudicated neglected or abused, or
324	324	5 dependent committed to it pursuant to the Juvenile Court Act
325	325	6 or the Juvenile Court Act of 1987.
326	326	7 (l) The Department shall offer family preservation
327	327	8 services, as defined in Section 8.2 of the Abused and
328	328	9 Neglected Child Reporting Act, to help families, including
329	329	10 adoptive and extended families. Family preservation services
330	330	11 shall be offered (i) to prevent the placement of children in
331	331	12 substitute care when the children can be cared for at home or
332	332	13 in the custody of the person responsible for the children's
333	333	14 welfare, (ii) to reunite children with their families, or
334	334	15 (iii) to maintain an adoptive placement. Family preservation
335	335	16 services shall only be offered when doing so will not endanger
336	336	17 the children's health or safety. With respect to children who
337	337	18 are in substitute care pursuant to the Juvenile Court Act of
338	338	19 1987, family preservation services shall not be offered if a
339	339	20 goal other than those of subdivisions (A), (B), or (B-1) of
340	340	21 subsection (2) of Section 2-28 of that Act has been set, except
341	341	22 that reunification services may be offered as provided in
342	342	23 paragraph (F) of subsection (2) of Section 2-28 of that Act.
343	343	24 Nothing in this paragraph shall be construed to create a
344	344	25 private right of action or claim on the part of any individual
345	345	26 or child welfare agency, except that when a child is the
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356	356	1 subject of an action under Article II of the Juvenile Court Act
357	357	2 of 1987 and the child's service plan calls for services to
358	358	3 facilitate achievement of the permanency goal, the court
359	359	4 hearing the action under Article II of the Juvenile Court Act
360	360	5 of 1987 may order the Department to provide the services set
361	361	6 out in the plan, if those services are not provided with
362	362	7 reasonable promptness and if those services are available.
363	363	8 The Department shall notify the child and his family of
364	364	9 the Department's responsibility to offer and provide family
365	365	10 preservation services as identified in the service plan. The
366	366	11 child and his family shall be eligible for services as soon as
367	367	12 the report is determined to be "indicated". The Department may
368	368	13 offer services to any child or family with respect to whom a
369	369	14 report of suspected child abuse or neglect has been filed,
370	370	15 prior to concluding its investigation under Section 7.12 of
371	371	16 the Abused and Neglected Child Reporting Act. However, the
372	372	17 child's or family's willingness to accept services shall not
373	373	18 be considered in the investigation. The Department may also
374	374	19 provide services to any child or family who is the subject of
375	375	20 any report of suspected child abuse or neglect or may refer
376	376	21 such child or family to services available from other agencies
377	377	22 in the community, even if the report is determined to be
378	378	23 unfounded, if the conditions in the child's or family's home
379	379	24 are reasonably likely to subject the child or family to future
380	380	25 reports of suspected child abuse or neglect. Acceptance of
381	381	26 such services shall be voluntary. The Department may also
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392	392	1 provide services to any child or family after completion of a
393	393	2 family assessment, as an alternative to an investigation, as
394	394	3 provided under the "differential response program" provided
395	395	4 for in subsection (a-5) of Section 7.4 of the Abused and
396	396	5 Neglected Child Reporting Act.
397	397	6 The Department may, at its discretion except for those
398	398	7 children also adjudicated neglected or dependent, accept for
399	399	8 care and training any child who has been adjudicated addicted,
400	400	9 as a truant minor in need of supervision or as a minor
401	401	10 requiring authoritative intervention, under the Juvenile Court
402	402	11 Act or the Juvenile Court Act of 1987, but no such child shall
403	403	12 be committed to the Department by any court without the
404	404	13 approval of the Department. On and after January 1, 2015 (the
405	405	14 effective date of Public Act 98-803) and before January 1,
406	406	15 2017, a minor charged with a criminal offense under the
407	407	16 Criminal Code of 1961 or the Criminal Code of 2012 or
408	408	17 adjudicated delinquent shall not be placed in the custody of
409	409	18 or committed to the Department by any court, except (i) a minor
410	410	19 less than 16 years of age committed to the Department under
411	411	20 Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
412	412	21 for whom an independent basis of abuse, neglect, or dependency
413	413	22 exists, which must be defined by departmental rule, or (iii) a
414	414	23 minor for whom the court has granted a supplemental petition
415	415	24 to reinstate wardship pursuant to subsection (2) of Section
416	416	25 2-33 of the Juvenile Court Act of 1987. On and after January 1,
417	417	26 2017, a minor charged with a criminal offense under the
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428	428	1 Criminal Code of 1961 or the Criminal Code of 2012 or
429	429	2 adjudicated delinquent shall not be placed in the custody of
430	430	3 or committed to the Department by any court, except (i) a minor
431	431	4 less than 15 years of age committed to the Department under
432	432	5 Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
433	433	6 for whom an independent basis of abuse, neglect, or dependency
434	434	7 exists, which must be defined by departmental rule, or (iii) a
435	435	8 minor for whom the court has granted a supplemental petition
436	436	9 to reinstate wardship pursuant to subsection (2) of Section
437	437	10 2-33 of the Juvenile Court Act of 1987. An independent basis
438	438	11 exists when the allegations or adjudication of abuse, neglect,
439	439	12 or dependency do not arise from the same facts, incident, or
440	440	13 circumstances which give rise to a charge or adjudication of
441	441	14 delinquency. The Department shall assign a caseworker to
442	442	15 attend any hearing involving a youth in the care and custody of
443	443	16 the Department who is placed on aftercare release, including
444	444	17 hearings involving sanctions for violation of aftercare
445	445	18 release conditions and aftercare release revocation hearings.
446	446	19 As soon as is possible after August 7, 2009 (the effective
447	447	20 date of Public Act 96-134), the Department shall develop and
448	448	21 implement a special program of family preservation services to
449	449	22 support intact, foster, and adoptive families who are
450	450	23 experiencing extreme hardships due to the difficulty and
451	451	24 stress of caring for a child who has been diagnosed with a
452	452	25 pervasive developmental disorder if the Department determines
453	453	26 that those services are necessary to ensure the health and
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464	464	1 safety of the child. The Department may offer services to any
465	465	2 family whether or not a report has been filed under the Abused
466	466	3 and Neglected Child Reporting Act. The Department may refer
467	467	4 the child or family to services available from other agencies
468	468	5 in the community if the conditions in the child's or family's
469	469	6 home are reasonably likely to subject the child or family to
470	470	7 future reports of suspected child abuse or neglect. Acceptance
471	471	8 of these services shall be voluntary. The Department shall
472	472	9 develop and implement a public information campaign to alert
473	473	10 health and social service providers and the general public
474	474	11 about these special family preservation services. The nature
475	475	12 and scope of the services offered and the number of families
476	476	13 served under the special program implemented under this
477	477	14 paragraph shall be determined by the level of funding that the
478	478	15 Department annually allocates for this purpose. The term
479	479	16 "pervasive developmental disorder" under this paragraph means
480	480	17 a neurological condition, including, but not limited to,
481	481	18 Asperger's Syndrome and autism, as defined in the most recent
482	482	19 edition of the Diagnostic and Statistical Manual of Mental
483	483	20 Disorders of the American Psychiatric Association.
484	484	21 (l-1) The legislature recognizes that the best interests
485	485	22 of the child require that the child be placed in the most
486	486	23 permanent living arrangement as soon as is practically
487	487	24 possible. To achieve this goal, the legislature directs the
488	488	25 Department of Children and Family Services to conduct
489	489	26 concurrent planning so that permanency may occur at the
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499	499	HB4095 - 14 - LRB103 32481 KTG 61978 b
500	500	1 earliest opportunity. Permanent living arrangements may
501	501	2 include prevention of placement of a child outside the home of
502	502	3 the family when the child can be cared for at home without
503	503	4 endangering the child's health or safety; reunification with
504	504	5 the family, when safe and appropriate, if temporary placement
505	505	6 is necessary; or movement of the child toward the most
506	506	7 permanent living arrangement and permanent legal status.
507	507	8 When determining reasonable efforts to be made with
508	508	9 respect to a child, as described in this subsection, and in
509	509	10 making such reasonable efforts, the child's health and safety
510	510	11 shall be the paramount concern.
511	511	12 When a child is placed in foster care, the Department
512	512	13 shall ensure and document that reasonable efforts were made to
513	513	14 prevent or eliminate the need to remove the child from the
514	514	15 child's home. The Department must make reasonable efforts to
515	515	16 reunify the family when temporary placement of the child
516	516	17 occurs unless otherwise required, pursuant to the Juvenile
517	517	18 Court Act of 1987. At any time after the dispositional hearing
518	518	19 where the Department believes that further reunification
519	519	20 services would be ineffective, it may request a finding from
520	520	21 the court that reasonable efforts are no longer appropriate.
521	521	22 The Department is not required to provide further
522	522	23 reunification services after such a finding.
523	523	24 A decision to place a child in substitute care shall be
524	524	25 made with considerations of the child's health, safety, and
525	525	26 best interests. At the time of placement, consideration should
526	526
527	527
528	528
529	529
530	530
531	531	HB4095 - 14 - LRB103 32481 KTG 61978 b
532	532
533	533
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535	535	HB4095 - 15 - LRB103 32481 KTG 61978 b
536	536	1 also be given so that if reunification fails or is delayed, the
537	537	2 placement made is the best available placement to provide
538	538	3 permanency for the child.
539	539	4 The Department shall adopt rules addressing concurrent
540	540	5 planning for reunification and permanency. The Department
541	541	6 shall consider the following factors when determining
542	542	7 appropriateness of concurrent planning:
543	543	8 (1) the likelihood of prompt reunification;
544	544	9 (2) the past history of the family;
545	545	10 (3) the barriers to reunification being addressed by
546	546	11 the family;
547	547	12 (4) the level of cooperation of the family;
548	548	13 (5) the foster parents' willingness to work with the
549	549	14 family to reunite;
550	550	15 (6) the willingness and ability of the foster family
551	551	16 to provide an adoptive home or long-term placement;
552	552	17 (7) the age of the child;
553	553	18 (8) placement of siblings.
554	554	19 (m) The Department may assume temporary custody of any
555	555	20 child if:
556	556	21 (1) it has received a written consent to such
557	557	22 temporary custody signed by the parents of the child or by
558	558	23 the parent having custody of the child if the parents are
559	559	24 not living together or by the guardian or custodian of the
560	560	25 child if the child is not in the custody of either parent,
561	561	26 or
562	562
563	563
564	564
565	565
566	566
567	567	HB4095 - 15 - LRB103 32481 KTG 61978 b
568	568
569	569
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571	571	HB4095 - 16 - LRB103 32481 KTG 61978 b
572	572	1 (2) the child is found in the State and neither a
573	573	2 parent, guardian nor custodian of the child can be
574	574	3 located.
575	575	4 If the child is found in his or her residence without a parent,
576	576	5 guardian, custodian, or responsible caretaker, the Department
577	577	6 may, instead of removing the child and assuming temporary
578	578	7 custody, place an authorized representative of the Department
579	579	8 in that residence until such time as a parent, guardian, or
580	580	9 custodian enters the home and expresses a willingness and
581	581	10 apparent ability to ensure the child's health and safety and
582	582	11 resume permanent charge of the child, or until a relative
583	583	12 enters the home and is willing and able to ensure the child's
584	584	13 health and safety and assume charge of the child until a
585	585	14 parent, guardian, or custodian enters the home and expresses
586	586	15 such willingness and ability to ensure the child's safety and
587	587	16 resume permanent charge. After a caretaker has remained in the
588	588	17 home for a period not to exceed 12 hours, the Department must
589	589	18 follow those procedures outlined in Section 2-9, 3-11, 4-8, or
590	590	19 5-415 of the Juvenile Court Act of 1987.
591	591	20 The Department shall have the authority, responsibilities
592	592	21 and duties that a legal custodian of the child would have
593	593	22 pursuant to subsection (9) of Section 1-3 of the Juvenile
594	594	23 Court Act of 1987. Whenever a child is taken into temporary
595	595	24 custody pursuant to an investigation under the Abused and
596	596	25 Neglected Child Reporting Act, or pursuant to a referral and
597	597	26 acceptance under the Juvenile Court Act of 1987 of a minor in
598	598
599	599
600	600
601	601
602	602
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604	604
605	605
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607	607	HB4095 - 17 - LRB103 32481 KTG 61978 b
608	608	1 limited custody, the Department, during the period of
609	609	2 temporary custody and before the child is brought before a
610	610	3 judicial officer as required by Section 2-9, 3-11, 4-8, or
611	611	4 5-415 of the Juvenile Court Act of 1987, shall have the
612	612	5 authority, responsibilities and duties that a legal custodian
613	613	6 of the child would have under subsection (9) of Section 1-3 of
614	614	7 the Juvenile Court Act of 1987.
615	615	8 The Department shall ensure that any child taken into
616	616	9 custody is scheduled for an appointment for a medical
617	617	10 examination.
618	618	11 A parent, guardian, or custodian of a child in the
619	619	12 temporary custody of the Department who would have custody of
620	620	13 the child if he were not in the temporary custody of the
621	621	14 Department may deliver to the Department a signed request that
622	622	15 the Department surrender the temporary custody of the child.
623	623	16 The Department may retain temporary custody of the child for
624	624	17 10 days after the receipt of the request, during which period
625	625	18 the Department may cause to be filed a petition pursuant to the
626	626	19 Juvenile Court Act of 1987. If a petition is so filed, the
627	627	20 Department shall retain temporary custody of the child until
628	628	21 the court orders otherwise. If a petition is not filed within
629	629	22 the 10-day period, the child shall be surrendered to the
630	630	23 custody of the requesting parent, guardian, or custodian not
631	631	24 later than the expiration of the 10-day period, at which time
632	632	25 the authority and duties of the Department with respect to the
633	633	26 temporary custody of the child shall terminate.
634	634
635	635
636	636
637	637
638	638
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640	640
641	641
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643	643	HB4095 - 18 - LRB103 32481 KTG 61978 b
644	644	1 (m-1) The Department may place children under 18 years of
645	645	2 age in a secure child care facility licensed by the Department
646	646	3 that cares for children who are in need of secure living
647	647	4 arrangements for their health, safety, and well-being after a
648	648	5 determination is made by the facility director and the
649	649	6 Director or the Director's designate prior to admission to the
650	650	7 facility subject to Section 2-27.1 of the Juvenile Court Act
651	651	8 of 1987. This subsection (m-1) does not apply to a child who is
652	652	9 subject to placement in a correctional facility operated
653	653	10 pursuant to Section 3-15-2 of the Unified Code of Corrections,
654	654	11 unless the child is a youth in care who was placed in the care
655	655	12 of the Department before being subject to placement in a
656	656	13 correctional facility and a court of competent jurisdiction
657	657	14 has ordered placement of the child in a secure care facility.
658	658	15 (n) The Department may place children under 18 years of
659	659	16 age in licensed child care facilities when in the opinion of
660	660	17 the Department, appropriate services aimed at family
661	661	18 preservation have been unsuccessful and cannot ensure the
662	662	19 child's health and safety or are unavailable and such
663	663	20 placement would be for their best interest. Payment for board,
664	664	21 clothing, care, training and supervision of any child placed
665	665	22 in a licensed child care facility may be made by the
666	666	23 Department, by the parents or guardians of the estates of
667	667	24 those children, or by both the Department and the parents or
668	668	25 guardians, except that no payments shall be made by the
669	669	26 Department for any child placed in a licensed child care
670	670
671	671
672	672
673	673
674	674
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676	676
677	677
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679	679	HB4095 - 19 - LRB103 32481 KTG 61978 b
680	680	1 facility for board, clothing, care, training and supervision
681	681	2 of such a child that exceed the average per capita cost of
682	682	3 maintaining and of caring for a child in institutions for
683	683	4 dependent or neglected children operated by the Department.
684	684	5 However, such restriction on payments does not apply in cases
685	685	6 where children require specialized care and treatment for
686	686	7 problems of severe emotional disturbance, physical disability,
687	687	8 social adjustment, or any combination thereof and suitable
688	688	9 facilities for the placement of such children are not
689	689	10 available at payment rates within the limitations set forth in
690	690	11 this Section. All reimbursements for services delivered shall
691	691	12 be absolutely inalienable by assignment, sale, attachment, or
692	692	13 garnishment or otherwise.
693	693	14 (n-1) The Department shall provide or authorize child
694	694	15 welfare services, aimed at assisting minors to achieve
695	695	16 sustainable self-sufficiency as independent adults, for any
696	696	17 minor eligible for the reinstatement of wardship pursuant to
697	697	18 subsection (2) of Section 2-33 of the Juvenile Court Act of
698	698	19 1987, whether or not such reinstatement is sought or allowed,
699	699	20 provided that the minor consents to such services and has not
700	700	21 yet attained the age of 21. The Department shall have
701	701	22 responsibility for the development and delivery of services
702	702	23 under this Section. An eligible youth may access services
703	703	24 under this Section through the Department of Children and
704	704	25 Family Services or by referral from the Department of Human
705	705	26 Services. Youth participating in services under this Section
706	706
707	707
708	708
709	709
710	710
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712	712
713	713
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715	715	HB4095 - 20 - LRB103 32481 KTG 61978 b
716	716	1 shall cooperate with the assigned case manager in developing
717	717	2 an agreement identifying the services to be provided and how
718	718	3 the youth will increase skills to achieve self-sufficiency. A
719	719	4 homeless shelter is not considered appropriate housing for any
720	720	5 youth receiving child welfare services under this Section. The
721	721	6 Department shall continue child welfare services under this
722	722	7 Section to any eligible minor until the minor becomes 21 years
723	723	8 of age, no longer consents to participate, or achieves
724	724	9 self-sufficiency as identified in the minor's service plan.
725	725	10 The Department of Children and Family Services shall create
726	726	11 clear, readable notice of the rights of former foster youth to
727	727	12 child welfare services under this Section and how such
728	728	13 services may be obtained. The Department of Children and
729	729	14 Family Services and the Department of Human Services shall
730	730	15 disseminate this information statewide. The Department shall
731	731	16 adopt regulations describing services intended to assist
732	732	17 minors in achieving sustainable self-sufficiency as
733	733	18 independent adults.
734	734	19 (o) The Department shall establish an administrative
735	735	20 review and appeal process for children and families who
736	736	21 request or receive child welfare services from the Department.
737	737	22 Youth in care who are placed by private child welfare
738	738	23 agencies, and foster families with whom those youth are
739	739	24 placed, shall be afforded the same procedural and appeal
740	740	25 rights as children and families in the case of placement by the
741	741	26 Department, including the right to an initial review of a
742	742
743	743
744	744
745	745
746	746
747	747	HB4095 - 20 - LRB103 32481 KTG 61978 b
748	748
749	749
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751	751	HB4095 - 21 - LRB103 32481 KTG 61978 b
752	752	1 private agency decision by that agency. The Department shall
753	753	2 ensure that any private child welfare agency, which accepts
754	754	3 youth in care for placement, affords those rights to children
755	755	4 and foster families. The Department shall accept for
756	756	5 administrative review and an appeal hearing a complaint made
757	757	6 by (i) a child or foster family concerning a decision
758	758	7 following an initial review by a private child welfare agency
759	759	8 or (ii) a prospective adoptive parent who alleges a violation
760	760	9 of subsection (j-5) of this Section. An appeal of a decision
761	761	10 concerning a change in the placement of a child shall be
762	762	11 conducted in an expedited manner. A court determination that a
763	763	12 current foster home placement is necessary and appropriate
764	764	13 under Section 2-28 of the Juvenile Court Act of 1987 does not
765	765	14 constitute a judicial determination on the merits of an
766	766	15 administrative appeal, filed by a former foster parent,
767	767	16 involving a change of placement decision.
768	768	17 (p) (Blank).
769	769	18 (q) The Department may receive and use, in their entirety,
770	770	19 for the benefit of children any gift, donation, or bequest of
771	771	20 money or other property which is received on behalf of such
772	772	21 children, or any financial benefits to which such children are
773	773	22 or may become entitled while under the jurisdiction or care of
774	774	23 the Department, except that the benefits described in Section
775	775	24 5.46 must be used and conserved consistent with the provisions
776	776	25 under Section 5.46.
777	777	26 The Department shall set up and administer no-cost,
778	778
779	779
780	780
781	781
782	782
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784	784
785	785
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787	787	HB4095 - 22 - LRB103 32481 KTG 61978 b
788	788	1 interest-bearing accounts in appropriate financial
789	789	2 institutions for children for whom the Department is legally
790	790	3 responsible and who have been determined eligible for
791	791	4 Veterans' Benefits, Social Security benefits, assistance
792	792	5 allotments from the armed forces, court ordered payments,
793	793	6 parental voluntary payments, Supplemental Security Income,
794	794	7 Railroad Retirement payments, Black Lung benefits, or other
795	795	8 miscellaneous payments. Interest earned by each account shall
796	796	9 be credited to the account, unless disbursed in accordance
797	797	10 with this subsection.
798	798	11 In disbursing funds from children's accounts, the
799	799	12 Department shall:
800	800	13 (1) Establish standards in accordance with State and
801	801	14 federal laws for disbursing money from children's
802	802	15 accounts. In all circumstances, the Department's
803	803	16 "Guardianship Administrator" or his or her designee must
804	804	17 approve disbursements from children's accounts. The
805	805	18 Department shall be responsible for keeping complete
806	806	19 records of all disbursements for each account for any
807	807	20 purpose.
808	808	21 (2) Calculate on a monthly basis the amounts paid from
809	809	22 State funds for the child's board and care, medical care
810	810	23 not covered under Medicaid, and social services; and
811	811	24 utilize funds from the child's account, as covered by
812	812	25 regulation, to reimburse those costs. Monthly,
813	813	26 disbursements from all children's accounts, up to 1/12 of
814	814
815	815
816	816
817	817
818	818
819	819	HB4095 - 22 - LRB103 32481 KTG 61978 b
820	820
821	821
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823	823	HB4095 - 23 - LRB103 32481 KTG 61978 b
824	824	1 $13,000,000, shall be deposited by the Department into the
825	825	2 General Revenue Fund and the balance over 1/12 of
826	826	3 $13,000,000 into the DCFS Children's Services Fund.
827	827	4 (3) Maintain any balance remaining after reimbursing
828	828	5 for the child's costs of care, as specified in item (2).
829	829	6 The balance shall accumulate in accordance with relevant
830	830	7 State and federal laws and shall be disbursed to the child
831	831	8 or his or her guardian, or to the issuing agency.
832	832	9 (r) The Department shall promulgate regulations
833	833	10 encouraging all adoption agencies to voluntarily forward to
834	834	11 the Department or its agent names and addresses of all persons
835	835	12 who have applied for and have been approved for adoption of a
836	836	13 hard-to-place child or child with a disability and the names
837	837	14 of such children who have not been placed for adoption. A list
838	838	15 of such names and addresses shall be maintained by the
839	839	16 Department or its agent, and coded lists which maintain the
840	840	17 confidentiality of the person seeking to adopt the child and
841	841	18 of the child shall be made available, without charge, to every
842	842	19 adoption agency in the State to assist the agencies in placing
843	843	20 such children for adoption. The Department may delegate to an
844	844	21 agent its duty to maintain and make available such lists. The
845	845	22 Department shall ensure that such agent maintains the
846	846	23 confidentiality of the person seeking to adopt the child and
847	847	24 of the child.
848	848	25 (s) The Department of Children and Family Services may
849	849	26 establish and implement a program to reimburse Department and
850	850
851	851
852	852
853	853
854	854
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856	856
857	857
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859	859	HB4095 - 24 - LRB103 32481 KTG 61978 b
860	860	1 private child welfare agency foster parents licensed by the
861	861	2 Department of Children and Family Services for damages
862	862	3 sustained by the foster parents as a result of the malicious or
863	863	4 negligent acts of foster children, as well as providing third
864	864	5 party coverage for such foster parents with regard to actions
865	865	6 of foster children to other individuals. Such coverage will be
866	866	7 secondary to the foster parent liability insurance policy, if
867	867	8 applicable. The program shall be funded through appropriations
868	868	9 from the General Revenue Fund, specifically designated for
869	869	10 such purposes.
870	870	11 (t) The Department shall perform home studies and
871	871	12 investigations and shall exercise supervision over visitation
872	872	13 as ordered by a court pursuant to the Illinois Marriage and
873	873	14 Dissolution of Marriage Act or the Adoption Act only if:
874	874	15 (1) an order entered by an Illinois court specifically
875	875	16 directs the Department to perform such services; and
876	876	17 (2) the court has ordered one or both of the parties to
877	877	18 the proceeding to reimburse the Department for its
878	878	19 reasonable costs for providing such services in accordance
879	879	20 with Department rules, or has determined that neither
880	880	21 party is financially able to pay.
881	881	22 The Department shall provide written notification to the
882	882	23 court of the specific arrangements for supervised visitation
883	883	24 and projected monthly costs within 60 days of the court order.
884	884	25 The Department shall send to the court information related to
885	885	26 the costs incurred except in cases where the court has
886	886
887	887
888	888
889	889
890	890
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892	892
893	893
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895	895	HB4095 - 25 - LRB103 32481 KTG 61978 b
896	896	1 determined the parties are financially unable to pay. The
897	897	2 court may order additional periodic reports as appropriate.
898	898	3 (u) In addition to other information that must be
899	899	4 provided, whenever the Department places a child with a
900	900	5 prospective adoptive parent or parents, in a licensed foster
901	901	6 home, group home, or child care institution, or in a relative
902	902	7 home, the Department shall provide to the prospective adoptive
903	903	8 parent or parents or other caretaker:
904	904	9 (1) available detailed information concerning the
905	905	10 child's educational and health history, copies of
906	906	11 immunization records (including insurance and medical card
907	907	12 information), a history of the child's previous
908	908	13 placements, if any, and reasons for placement changes
909	909	14 excluding any information that identifies or reveals the
910	910	15 location of any previous caretaker;
911	911	16 (2) a copy of the child's portion of the client
912	912	17 service plan, including any visitation arrangement, and
913	913	18 all amendments or revisions to it as related to the child;
914	914	19 and
915	915	20 (3) information containing details of the child's
916	916	21 individualized educational plan when the child is
917	917	22 receiving special education services.
918	918	23 The caretaker shall be informed of any known social or
919	919	24 behavioral information (including, but not limited to,
920	920	25 criminal background, fire setting, perpetuation of sexual
921	921	26 abuse, destructive behavior, and substance abuse) necessary to
922	922
923	923
924	924
925	925
926	926
927	927	HB4095 - 25 - LRB103 32481 KTG 61978 b
928	928
929	929
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931	931	HB4095 - 26 - LRB103 32481 KTG 61978 b
932	932	1 care for and safeguard the children to be placed or currently
933	933	2 in the home. The Department may prepare a written summary of
934	934	3 the information required by this paragraph, which may be
935	935	4 provided to the foster or prospective adoptive parent in
936	936	5 advance of a placement. The foster or prospective adoptive
937	937	6 parent may review the supporting documents in the child's file
938	938	7 in the presence of casework staff. In the case of an emergency
939	939	8 placement, casework staff shall at least provide known
940	940	9 information verbally, if necessary, and must subsequently
941	941	10 provide the information in writing as required by this
942	942	11 subsection.
943	943	12 The information described in this subsection shall be
944	944	13 provided in writing. In the case of emergency placements when
945	945	14 time does not allow prior review, preparation, and collection
946	946	15 of written information, the Department shall provide such
947	947	16 information as it becomes available. Within 10 business days
948	948	17 after placement, the Department shall obtain from the
949	949	18 prospective adoptive parent or parents or other caretaker a
950	950	19 signed verification of receipt of the information provided.
951	951	20 Within 10 business days after placement, the Department shall
952	952	21 provide to the child's guardian ad litem a copy of the
953	953	22 information provided to the prospective adoptive parent or
954	954	23 parents or other caretaker. The information provided to the
955	955	24 prospective adoptive parent or parents or other caretaker
956	956	25 shall be reviewed and approved regarding accuracy at the
957	957	26 supervisory level.
958	958
959	959
960	960
961	961
962	962
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964	964
965	965
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967	967	HB4095 - 27 - LRB103 32481 KTG 61978 b
968	968	1 (u-5) Effective July 1, 1995, only foster care placements
969	969	2 licensed as foster family homes pursuant to the Child Care Act
970	970	3 of 1969 shall be eligible to receive foster care payments from
971	971	4 the Department. Relative caregivers who, as of July 1, 1995,
972	972	5 were approved pursuant to approved relative placement rules
973	973	6 previously promulgated by the Department at 89 Ill. Adm. Code
974	974	7 335 and had submitted an application for licensure as a foster
975	975	8 family home may continue to receive foster care payments only
976	976	9 until the Department determines that they may be licensed as a
977	977	10 foster family home or that their application for licensure is
978	978	11 denied or until September 30, 1995, whichever occurs first.
979	979	12 (v) The Department shall access criminal history record
980	980	13 information as defined in the Illinois Uniform Conviction
981	981	14 Information Act and information maintained in the adjudicatory
982	982	15 and dispositional record system as defined in Section 2605-355
983	983	16 of the Illinois State Police Law if the Department determines
984	984	17 the information is necessary to perform its duties under the
985	985	18 Abused and Neglected Child Reporting Act, the Child Care Act
986	986	19 of 1969, and the Children and Family Services Act. The
987	987	20 Department shall provide for interactive computerized
988	988	21 communication and processing equipment that permits direct
989	989	22 on-line communication with the Illinois State Police's central
990	990	23 criminal history data repository. The Department shall comply
991	991	24 with all certification requirements and provide certified
992	992	25 operators who have been trained by personnel from the Illinois
993	993	26 State Police. In addition, one Office of the Inspector General
994	994
995	995
996	996
997	997
998	998
999	999	HB4095 - 27 - LRB103 32481 KTG 61978 b
1000	1000
1001	1001
1002	1002	HB4095- 28 -LRB103 32481 KTG 61978 b HB4095 - 28 - LRB103 32481 KTG 61978 b
1003	1003	HB4095 - 28 - LRB103 32481 KTG 61978 b
1004	1004	1 investigator shall have training in the use of the criminal
1005	1005	2 history information access system and have access to the
1006	1006	3 terminal. The Department of Children and Family Services and
1007	1007	4 its employees shall abide by rules and regulations established
1008	1008	5 by the Illinois State Police relating to the access and
1009	1009	6 dissemination of this information.
1010	1010	7 (v-1) Prior to final approval for placement of a child,
1011	1011	8 the Department shall conduct a criminal records background
1012	1012	9 check of the prospective foster or adoptive parent, including
1013	1013	10 fingerprint-based checks of national crime information
1014	1014	11 databases. Final approval for placement shall not be granted
1015	1015	12 if the record check reveals a felony conviction for child
1016	1016	13 abuse or neglect, for spousal abuse, for a crime against
1017	1017	14 children, or for a crime involving violence, including human
1018	1018	15 trafficking, sex trafficking, rape, sexual assault, or
1019	1019	16 homicide, but not including other physical assault or battery,
1020	1020	17 or if there is a felony conviction for physical assault,
1021	1021	18 battery, or a drug-related offense committed within the past 5
1022	1022	19 years.
1023	1023	20 (v-2) Prior to final approval for placement of a child,
1024	1024	21 the Department shall check its child abuse and neglect
1025	1025	22 registry for information concerning prospective foster and
1026	1026	23 adoptive parents, and any adult living in the home. If any
1027	1027	24 prospective foster or adoptive parent or other adult living in
1028	1028	25 the home has resided in another state in the preceding 5 years,
1029	1029	26 the Department shall request a check of that other state's
1030	1030
1031	1031
1032	1032
1033	1033
1034	1034
1035	1035	HB4095 - 28 - LRB103 32481 KTG 61978 b
1036	1036
1037	1037
1038	1038	HB4095- 29 -LRB103 32481 KTG 61978 b HB4095 - 29 - LRB103 32481 KTG 61978 b
1039	1039	HB4095 - 29 - LRB103 32481 KTG 61978 b
1040	1040	1 child abuse and neglect registry.
1041	1041	2 (w) Within 120 days of August 20, 1995 (the effective date
1042	1042	3 of Public Act 89-392), the Department shall prepare and submit
1043	1043	4 to the Governor and the General Assembly, a written plan for
1044	1044	5 the development of in-state licensed secure child care
1045	1045	6 facilities that care for children who are in need of secure
1046	1046	7 living arrangements for their health, safety, and well-being.
1047	1047	8 For purposes of this subsection, secure care facility shall
1048	1048	9 mean a facility that is designed and operated to ensure that
1049	1049	10 all entrances and exits from the facility, a building or a
1050	1050	11 distinct part of the building, are under the exclusive control
1051	1051	12 of the staff of the facility, whether or not the child has the
1052	1052	13 freedom of movement within the perimeter of the facility,
1053	1053	14 building, or distinct part of the building. The plan shall
1054	1054	15 include descriptions of the types of facilities that are
1055	1055	16 needed in Illinois; the cost of developing these secure care
1056	1056	17 facilities; the estimated number of placements; the potential
1057	1057	18 cost savings resulting from the movement of children currently
1058	1058	19 out-of-state who are projected to be returned to Illinois; the
1059	1059	20 necessary geographic distribution of these facilities in
1060	1060	21 Illinois; and a proposed timetable for development of such
1061	1061	22 facilities.
1062	1062	23 (x) The Department shall conduct annual credit history
1063	1063	24 checks to determine the financial history of children placed
1064	1064	25 under its guardianship pursuant to the Juvenile Court Act of
1065	1065	26 1987. The Department shall conduct such credit checks starting
1066	1066
1067	1067
1068	1068
1069	1069
1070	1070
1071	1071	HB4095 - 29 - LRB103 32481 KTG 61978 b
1072	1072
1073	1073
1074	1074	HB4095- 30 -LRB103 32481 KTG 61978 b HB4095 - 30 - LRB103 32481 KTG 61978 b
1075	1075	HB4095 - 30 - LRB103 32481 KTG 61978 b
1076	1076	1 when a youth in care turns 12 years old and each year
1077	1077	2 thereafter for the duration of the guardianship as terminated
1078	1078	3 pursuant to the Juvenile Court Act of 1987. The Department
1079	1079	4 shall determine if financial exploitation of the child's
1080	1080	5 personal information has occurred. If financial exploitation
1081	1081	6 appears to have taken place or is presently ongoing, the
1082	1082	7 Department shall notify the proper law enforcement agency, the
1083	1083	8 proper State's Attorney, or the Attorney General.
1084	1084	9 (y) Beginning on July 22, 2010 (the effective date of
1085	1085	10 Public Act 96-1189), a child with a disability who receives
1086	1086	11 residential and educational services from the Department shall
1087	1087	12 be eligible to receive transition services in accordance with
1088	1088	13 Article 14 of the School Code from the age of 14.5 through age
1089	1089	14 21, inclusive, notwithstanding the child's residential
1090	1090	15 services arrangement. For purposes of this subsection, "child
1091	1091	16 with a disability" means a child with a disability as defined
1092	1092	17 by the federal Individuals with Disabilities Education
1093	1093	18 Improvement Act of 2004.
1094	1094	19 (z) The Department shall access criminal history record
1095	1095	20 information as defined as "background information" in this
1096	1096	21 subsection and criminal history record information as defined
1097	1097	22 in the Illinois Uniform Conviction Information Act for each
1098	1098	23 Department employee or Department applicant. Each Department
1099	1099	24 employee or Department applicant shall submit his or her
1100	1100	25 fingerprints to the Illinois State Police in the form and
1101	1101	26 manner prescribed by the Illinois State Police. These
1102	1102
1103	1103
1104	1104
1105	1105
1106	1106
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1108	1108
1109	1109
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1111	1111	HB4095 - 31 - LRB103 32481 KTG 61978 b
1112	1112	1 fingerprints shall be checked against the fingerprint records
1113	1113	2 now and hereafter filed in the Illinois State Police and the
1114	1114	3 Federal Bureau of Investigation criminal history records
1115	1115	4 databases. The Illinois State Police shall charge a fee for
1116	1116	5 conducting the criminal history record check, which shall be
1117	1117	6 deposited into the State Police Services Fund and shall not
1118	1118	7 exceed the actual cost of the record check. The Illinois State
1119	1119	8 Police shall furnish, pursuant to positive identification, all
1120	1120	9 Illinois conviction information to the Department of Children
1121	1121	10 and Family Services.
1122	1122	11 For purposes of this subsection:
1123	1123	12 "Background information" means all of the following:
1124	1124	13 (i) Upon the request of the Department of Children and
1125	1125	14 Family Services, conviction information obtained from the
1126	1126	15 Illinois State Police as a result of a fingerprint-based
1127	1127	16 criminal history records check of the Illinois criminal
1128	1128	17 history records database and the Federal Bureau of
1129	1129	18 Investigation criminal history records database concerning
1130	1130	19 a Department employee or Department applicant.
1131	1131	20 (ii) Information obtained by the Department of
1132	1132	21 Children and Family Services after performing a check of
1133	1133	22 the Illinois State Police's Sex Offender Database, as
1134	1134	23 authorized by Section 120 of the Sex Offender Community
1135	1135	24 Notification Law, concerning a Department employee or
1136	1136	25 Department applicant.
1137	1137	26 (iii) Information obtained by the Department of
1138	1138
1139	1139
1140	1140
1141	1141
1142	1142
1143	1143	HB4095 - 31 - LRB103 32481 KTG 61978 b
1144	1144
1145	1145
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1147	1147	HB4095 - 32 - LRB103 32481 KTG 61978 b
1148	1148	1 Children and Family Services after performing a check of
1149	1149	2 the Child Abuse and Neglect Tracking System (CANTS)
1150	1150	3 operated and maintained by the Department.
1151	1151	4 "Department employee" means a full-time or temporary
1152	1152	5 employee coded or certified within the State of Illinois
1153	1153	6 Personnel System.
1154	1154	7 "Department applicant" means an individual who has
1155	1155	8 conditional Department full-time or part-time work, a
1156	1156	9 contractor, an individual used to replace or supplement staff,
1157	1157	10 an academic intern, a volunteer in Department offices or on
1158	1158	11 Department contracts, a work-study student, an individual or
1159	1159	12 entity licensed by the Department, or an unlicensed service
1160	1160	13 provider who works as a condition of a contract or an agreement
1161	1161	14 and whose work may bring the unlicensed service provider into
1162	1162	15 contact with Department clients or client records.
1163	1163	16 (Source: P.A. 101-13, eff. 6-12-19; 101-79, eff. 7-12-19;
1164	1164	17 101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 102-558, eff.
1165	1165	18 8-20-21; 102-1014, eff. 5-27-22.)
1166	1166	19 Section 99. Effective date. This Act takes effect upon
1167	1167	20 becoming law.
1168	1168
1169	1169
1170	1170
1171	1171
1172	1172
1173	1173	HB4095 - 32 - LRB103 32481 KTG 61978 b