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Illinois House Bill HB4807

Illinois 2023-2024 Regular Session

Illinois House Bill HB4807 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4807 Introduced , by Rep. Suzanne M. Ness SYNOPSIS AS INTRODUCED: 20 ILCS 505/7 from Ch. 23, par. 5007 Amends the Children and Family Services Act. Provides that whenever a child is placed in the substitute care of the Department of Children and Family Services, and the child has previously been in substitute care, the Department may consider a child's former foster parent as a placement option for the child. Provides that if the Department determines that it is not in the best interest of the child to be placed with the former foster parent, the Department shall document the basis for its decision and maintain the documentation in the child's case file. Provides that the fact that the former foster parent is licensed through an agency other than the agency assigned to the child's case shall not be a basis for determining that placement with the former foster parent is not in the child's best interest. Provides that the fact that the former foster parent is no longer licensed to provide foster care shall not be a basis for determining that placement with the former foster parent is not in the child's best interest, if the former foster parent is eligible to receive a permit issued by the Department under the Child Care Act of 1969 and the former foster parent is willing to make timely and sufficient application for a foster care license. Provides that the provisions of the amendatory Act do not apply if a court previously found that the child's placement in the former foster home was not necessary or appropriate, or if the child was previously removed from the care of the former foster parent because of abuse or neglect. LRB103 39240 KTG 69392 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4807 Introduced , by Rep. Suzanne M. Ness SYNOPSIS AS INTRODUCED: 20 ILCS 505/7 from Ch. 23, par. 5007 20 ILCS 505/7 from Ch. 23, par. 5007 Amends the Children and Family Services Act. Provides that whenever a child is placed in the substitute care of the Department of Children and Family Services, and the child has previously been in substitute care, the Department may consider a child's former foster parent as a placement option for the child. Provides that if the Department determines that it is not in the best interest of the child to be placed with the former foster parent, the Department shall document the basis for its decision and maintain the documentation in the child's case file. Provides that the fact that the former foster parent is licensed through an agency other than the agency assigned to the child's case shall not be a basis for determining that placement with the former foster parent is not in the child's best interest. Provides that the fact that the former foster parent is no longer licensed to provide foster care shall not be a basis for determining that placement with the former foster parent is not in the child's best interest, if the former foster parent is eligible to receive a permit issued by the Department under the Child Care Act of 1969 and the former foster parent is willing to make timely and sufficient application for a foster care license. Provides that the provisions of the amendatory Act do not apply if a court previously found that the child's placement in the former foster home was not necessary or appropriate, or if the child was previously removed from the care of the former foster parent because of abuse or neglect. LRB103 39240 KTG 69392 b LRB103 39240 KTG 69392 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4807 Introduced , by Rep. Suzanne M. Ness SYNOPSIS AS INTRODUCED:
33 20 ILCS 505/7 from Ch. 23, par. 5007 20 ILCS 505/7 from Ch. 23, par. 5007
44 20 ILCS 505/7 from Ch. 23, par. 5007
55 Amends the Children and Family Services Act. Provides that whenever a child is placed in the substitute care of the Department of Children and Family Services, and the child has previously been in substitute care, the Department may consider a child's former foster parent as a placement option for the child. Provides that if the Department determines that it is not in the best interest of the child to be placed with the former foster parent, the Department shall document the basis for its decision and maintain the documentation in the child's case file. Provides that the fact that the former foster parent is licensed through an agency other than the agency assigned to the child's case shall not be a basis for determining that placement with the former foster parent is not in the child's best interest. Provides that the fact that the former foster parent is no longer licensed to provide foster care shall not be a basis for determining that placement with the former foster parent is not in the child's best interest, if the former foster parent is eligible to receive a permit issued by the Department under the Child Care Act of 1969 and the former foster parent is willing to make timely and sufficient application for a foster care license. Provides that the provisions of the amendatory Act do not apply if a court previously found that the child's placement in the former foster home was not necessary or appropriate, or if the child was previously removed from the care of the former foster parent because of abuse or neglect.
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1111 1 AN ACT concerning State government.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Children and Family Services Act is amended
1515 5 by changing Section 7 as follows:
1616 6 (20 ILCS 505/7) (from Ch. 23, par. 5007)
1717 7 Sec. 7. Placement of children; considerations.
1818 8 (a) In placing any child under this Act, the Department
1919 9 shall place the child, as far as possible, in the care and
2020 10 custody of some individual holding the same religious belief
2121 11 as the parents of the child, or with some child care facility
2222 12 which is operated by persons of like religious faith as the
2323 13 parents of such child.
2424 14 (a-5) In placing a child under this Act, the Department
2525 15 shall place the child with the child's sibling or siblings
2626 16 under Section 7.4 of this Act unless the placement is not in
2727 17 each child's best interest, or is otherwise not possible under
2828 18 the Department's rules. If the child is not placed with a
2929 19 sibling under the Department's rules, the Department shall
3030 20 consider placements that are likely to develop, preserve,
3131 21 nurture, and support sibling relationships, where doing so is
3232 22 in each child's best interest.
3333 23 (b) In placing a child under this Act, the Department may
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4807 Introduced , by Rep. Suzanne M. Ness SYNOPSIS AS INTRODUCED:
3838 20 ILCS 505/7 from Ch. 23, par. 5007 20 ILCS 505/7 from Ch. 23, par. 5007
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4040 Amends the Children and Family Services Act. Provides that whenever a child is placed in the substitute care of the Department of Children and Family Services, and the child has previously been in substitute care, the Department may consider a child's former foster parent as a placement option for the child. Provides that if the Department determines that it is not in the best interest of the child to be placed with the former foster parent, the Department shall document the basis for its decision and maintain the documentation in the child's case file. Provides that the fact that the former foster parent is licensed through an agency other than the agency assigned to the child's case shall not be a basis for determining that placement with the former foster parent is not in the child's best interest. Provides that the fact that the former foster parent is no longer licensed to provide foster care shall not be a basis for determining that placement with the former foster parent is not in the child's best interest, if the former foster parent is eligible to receive a permit issued by the Department under the Child Care Act of 1969 and the former foster parent is willing to make timely and sufficient application for a foster care license. Provides that the provisions of the amendatory Act do not apply if a court previously found that the child's placement in the former foster home was not necessary or appropriate, or if the child was previously removed from the care of the former foster parent because of abuse or neglect.
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6868 1 place a child with a relative if the Department determines
6969 2 that the relative will be able to adequately provide for the
7070 3 child's safety and welfare based on the factors set forth in
7171 4 the Department's rules governing relative placements, and that
7272 5 the placement is consistent with the child's best interests,
7373 6 taking into consideration the factors set out in subsection
7474 7 (4.05) of Section 1-3 of the Juvenile Court Act of 1987.
7575 8 When the Department first assumes custody of a child, in
7676 9 placing that child under this Act, the Department shall make
7777 10 reasonable efforts to identify, locate, and provide notice to
7878 11 all adult grandparents and other adult relatives of the child
7979 12 who are ready, willing, and able to care for the child. At a
8080 13 minimum, these efforts shall be renewed each time the child
8181 14 requires a placement change and it is appropriate for the
8282 15 child to be cared for in a home environment. The Department
8383 16 must document its efforts to identify, locate, and provide
8484 17 notice to such potential relative placements and maintain the
8585 18 documentation in the child's case file.
8686 19 If the Department determines that a placement with any
8787 20 identified relative is not in the child's best interests or
8888 21 that the relative does not meet the requirements to be a
8989 22 relative caregiver, as set forth in Department rules or by
9090 23 statute, the Department must document the basis for that
9191 24 decision and maintain the documentation in the child's case
9292 25 file.
9393 26 If, pursuant to the Department's rules, any person files
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104104 1 an administrative appeal of the Department's decision not to
105105 2 place a child with a relative, it is the Department's burden to
106106 3 prove that the decision is consistent with the child's best
107107 4 interests.
108108 5 When the Department determines that the child requires
109109 6 placement in an environment, other than a home environment,
110110 7 the Department shall continue to make reasonable efforts to
111111 8 identify and locate relatives to serve as visitation resources
112112 9 for the child and potential future placement resources, except
113113 10 when the Department determines that those efforts would be
114114 11 futile or inconsistent with the child's best interests.
115115 12 If the Department determines that efforts to identify and
116116 13 locate relatives would be futile or inconsistent with the
117117 14 child's best interests, the Department shall document the
118118 15 basis of its determination and maintain the documentation in
119119 16 the child's case file.
120120 17 If the Department determines that an individual or a group
121121 18 of relatives are inappropriate to serve as visitation
122122 19 resources or possible placement resources, the Department
123123 20 shall document the basis of its determination and maintain the
124124 21 documentation in the child's case file.
125125 22 When the Department determines that an individual or a
126126 23 group of relatives are appropriate to serve as visitation
127127 24 resources or possible future placement resources, the
128128 25 Department shall document the basis of its determination,
129129 26 maintain the documentation in the child's case file, create a
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140140 1 visitation or transition plan, or both, and incorporate the
141141 2 visitation or transition plan, or both, into the child's case
142142 3 plan. For the purpose of this subsection, any determination as
143143 4 to the child's best interests shall include consideration of
144144 5 the factors set out in subsection (4.05) of Section 1-3 of the
145145 6 Juvenile Court Act of 1987.
146146 7 The Department may not place a child with a relative, with
147147 8 the exception of certain circumstances which may be waived as
148148 9 defined by the Department in rules, if the results of a check
149149 10 of the Law Enforcement Agencies Data System (LEADS) identifies
150150 11 a prior criminal conviction of the relative or any adult
151151 12 member of the relative's household for any of the following
152152 13 offenses under the Criminal Code of 1961 or the Criminal Code
153153 14 of 2012:
154154 15 (1) murder;
155155 16 (1.1) solicitation of murder;
156156 17 (1.2) solicitation of murder for hire;
157157 18 (1.3) intentional homicide of an unborn child;
158158 19 (1.4) voluntary manslaughter of an unborn child;
159159 20 (1.5) involuntary manslaughter;
160160 21 (1.6) reckless homicide;
161161 22 (1.7) concealment of a homicidal death;
162162 23 (1.8) involuntary manslaughter of an unborn child;
163163 24 (1.9) reckless homicide of an unborn child;
164164 25 (1.10) drug-induced homicide;
165165 26 (2) a sex offense under Article 11, except offenses
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176176 1 described in Sections 11-7, 11-8, 11-12, 11-13, 11-35,
177177 2 11-40, and 11-45;
178178 3 (3) kidnapping;
179179 4 (3.1) aggravated unlawful restraint;
180180 5 (3.2) forcible detention;
181181 6 (3.3) aiding and abetting child abduction;
182182 7 (4) aggravated kidnapping;
183183 8 (5) child abduction;
184184 9 (6) aggravated battery of a child as described in
185185 10 Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
186186 11 (7) criminal sexual assault;
187187 12 (8) aggravated criminal sexual assault;
188188 13 (8.1) predatory criminal sexual assault of a child;
189189 14 (9) criminal sexual abuse;
190190 15 (10) aggravated sexual abuse;
191191 16 (11) heinous battery as described in Section 12-4.1 or
192192 17 subdivision (a)(2) of Section 12-3.05;
193193 18 (12) aggravated battery with a firearm as described in
194194 19 Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
195195 20 (e)(4) of Section 12-3.05;
196196 21 (13) tampering with food, drugs, or cosmetics;
197197 22 (14) drug-induced infliction of great bodily harm as
198198 23 described in Section 12-4.7 or subdivision (g)(1) of
199199 24 Section 12-3.05;
200200 25 (15) aggravated stalking;
201201 26 (16) home invasion;
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212212 1 (17) vehicular invasion;
213213 2 (18) criminal transmission of HIV;
214214 3 (19) criminal abuse or neglect of an elderly person or
215215 4 person with a disability as described in Section 12-21 or
216216 5 subsection (b) of Section 12-4.4a;
217217 6 (20) child abandonment;
218218 7 (21) endangering the life or health of a child;
219219 8 (22) ritual mutilation;
220220 9 (23) ritualized abuse of a child;
221221 10 (24) an offense in any other state the elements of
222222 11 which are similar and bear a substantial relationship to
223223 12 any of the foregoing offenses.
224224 13 For the purpose of this subsection, "relative" shall
225225 14 include any person, 21 years of age or over, other than the
226226 15 parent, who (i) is currently related to the child in any of the
227227 16 following ways by blood or adoption: grandparent, sibling,
228228 17 great-grandparent, parent's sibling, sibling's child, first
229229 18 cousin, second cousin, godparent, or grandparent's sibling; or
230230 19 (ii) is the spouse of such a relative; or (iii) is the child's
231231 20 step-parent, or adult step-sibling; or (iv) is a fictive kin;
232232 21 "relative" also includes a person related in any of the
233233 22 foregoing ways to a sibling of a child, even though the person
234234 23 is not related to the child, when the child and the child's
235235 24 sibling are placed together with that person. For children who
236236 25 have been in the guardianship of the Department, have been
237237 26 adopted, and are subsequently returned to the temporary
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248248 1 custody or guardianship of the Department, a "relative" may
249249 2 also include any person who would have qualified as a relative
250250 3 under this paragraph prior to the adoption, but only if the
251251 4 Department determines, and documents, that it would be in the
252252 5 child's best interests to consider this person a relative,
253253 6 based upon the factors for determining best interests set
254254 7 forth in subsection (4.05) of Section 1-3 of the Juvenile
255255 8 Court Act of 1987. A relative with whom a child is placed
256256 9 pursuant to this subsection may, but is not required to, apply
257257 10 for licensure as a foster family home pursuant to the Child
258258 11 Care Act of 1969; provided, however, that as of July 1, 1995,
259259 12 foster care payments shall be made only to licensed foster
260260 13 family homes pursuant to the terms of Section 5 of this Act.
261261 14 Notwithstanding any other provision under this subsection
262262 15 to the contrary, a fictive kin with whom a child is placed
263263 16 pursuant to this subsection shall apply for licensure as a
264264 17 foster family home pursuant to the Child Care Act of 1969
265265 18 within 6 months of the child's placement with the fictive kin.
266266 19 The Department shall not remove a child from the home of a
267267 20 fictive kin on the basis that the fictive kin fails to apply
268268 21 for licensure within 6 months of the child's placement with
269269 22 the fictive kin, or fails to meet the standard for licensure.
270270 23 All other requirements established under the rules and
271271 24 procedures of the Department concerning the placement of a
272272 25 child, for whom the Department is legally responsible, with a
273273 26 relative shall apply. By June 1, 2015, the Department shall
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284284 1 promulgate rules establishing criteria and standards for
285285 2 placement, identification, and licensure of fictive kin.
286286 3 For purposes of this subsection, "fictive kin" means any
287287 4 individual, unrelated by birth or marriage, who:
288288 5 (i) is shown to have significant and close personal or
289289 6 emotional ties with the child or the child's family prior
290290 7 to the child's placement with the individual; or
291291 8 (ii) is the current foster parent of a child in the
292292 9 custody or guardianship of the Department pursuant to this
293293 10 Act and the Juvenile Court Act of 1987, if the child has
294294 11 been placed in the home for at least one year and has
295295 12 established a significant and family-like relationship
296296 13 with the foster parent, and the foster parent has been
297297 14 identified by the Department as the child's permanent
298298 15 connection, as defined by Department rule.
299299 16 The provisions added to this subsection (b) by Public Act
300300 17 98-846 shall become operative on and after June 1, 2015.
301301 18 (c) In placing a child under this Act, the Department
302302 19 shall ensure that the child's health, safety, and best
303303 20 interests are met. In rejecting placement of a child with an
304304 21 identified relative, the Department shall ensure that the
305305 22 child's health, safety, and best interests are met. In
306306 23 evaluating the best interests of the child, the Department
307307 24 shall take into consideration the factors set forth in
308308 25 subsection (4.05) of Section 1-3 of the Juvenile Court Act of
309309 26 1987.
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320320 1 The Department shall consider the individual needs of the
321321 2 child and the capacity of the prospective foster or adoptive
322322 3 parents to meet the needs of the child. When a child must be
323323 4 placed outside the child's home and cannot be immediately
324324 5 returned to the child's parents or guardian, a comprehensive,
325325 6 individualized assessment shall be performed of that child at
326326 7 which time the needs of the child shall be determined. Only if
327327 8 race, color, or national origin is identified as a legitimate
328328 9 factor in advancing the child's best interests shall it be
329329 10 considered. Race, color, or national origin shall not be
330330 11 routinely considered in making a placement decision. The
331331 12 Department shall make special efforts for the diligent
332332 13 recruitment of potential foster and adoptive families that
333333 14 reflect the ethnic and racial diversity of the children for
334334 15 whom foster and adoptive homes are needed. "Special efforts"
335335 16 shall include contacting and working with community
336336 17 organizations and religious organizations and may include
337337 18 contracting with those organizations, utilizing local media
338338 19 and other local resources, and conducting outreach activities.
339339 20 (c-1) At the time of placement, the Department shall
340340 21 consider concurrent planning, as described in subsection (l-1)
341341 22 of Section 5, so that permanency may occur at the earliest
342342 23 opportunity. Consideration should be given so that if
343343 24 reunification fails or is delayed, the placement made is the
344344 25 best available placement to provide permanency for the child.
345345 26 To the extent that doing so is in the child's best interests as
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356356 1 set forth in subsection (4.05) of Section 1-3 of the Juvenile
357357 2 Court Act of 1987, the Department should consider placements
358358 3 that will permit the child to maintain a meaningful
359359 4 relationship with the child's parents.
360360 5 (c-2) Whenever a child is placed in the substitute care of
361361 6 the Department, and the child has previously been in
362362 7 substitute care, the Department may consider a child's former
363363 8 foster parent as a placement option for the child. If the
364364 9 Department determines that it is not in the best interest of
365365 10 the child to be placed with the former foster parent, the
366366 11 Department shall document the basis for its decision and
367367 12 maintain the documentation in the child's case file. The fact
368368 13 that the former foster parent is licensed through an agency
369369 14 other than the agency assigned to the child's case shall not be
370370 15 a basis for determining that placement with the former foster
371371 16 parent is not in the child's best interest. The fact that the
372372 17 former foster parent is no longer licensed to provide foster
373373 18 care shall not be a basis for determining that placement with
374374 19 the former foster parent is not in the child's best interest,
375375 20 if the former foster parent is eligible to receive a permit
376376 21 issued by the Department under the Child Care Act of 1969 and
377377 22 the former foster parent is willing to make timely and
378378 23 sufficient application for a foster care license. This
379379 24 subsection does not apply if a court previously found that the
380380 25 child's placement in the former foster home was not necessary
381381 26 or appropriate under Section 2-28 of the Juvenile Court Act of
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