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1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Children and Family Services Act is amended
5 by adding Section 7.3b as follows:
6 (20 ILCS 505/7.3b new)
7 Sec. 7.3b. Case plan requirements for hair-related needs
8 of youth in care.
9 (a) Purposes. Hair plays an important role in fostering
10 youths' connection to their race, culture, and identity.
11 Haircare promotes positive messages of self-worth, comfort,
12 and affection. Because these messages typically are developed
13 through interactions with family and community members, it is
14 necessary to establish a framework to ensure that youth in
15 care are not deprived of these messages and that caregivers
16 and appropriate child care facility staff are adequately
17 prepared to provide culturally competent haircare for youth.
18 (b) Definitions. As used in this Section:
19 (1) "Haircare" means all care related to the
20 maintenance of hair, including, but not limited to, the
21 daily maintenance routine, cutting, styling, or dying of
22 hair.
23 (2) "Culture" means the norms, traditions, and
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1 experiences of a person's community that inform that
2 person's daily life and long-term goals.
3 (3) "Identity" means the memories, experiences,
4 relationships, and values that create one's sense of self.
5 This amalgamation creates a steady sense of who one is
6 over time, even as new facets are developed and
7 incorporated into one's identity.
8 (c) Haircare plan. Every case plan shall include a
9 Haircare Plan for each youth in care that is developed in
10 consultation with the youth based upon the youth's
11 developmental abilities, as well as with the youth's parents
12 or caregivers or appropriate child care facility staff if not
13 contrary to the youth's wishes, and that outlines any training
14 or resources required by the caregiver or appropriate child
15 care facility staff to meet the haircare needs of the youth. At
16 a minimum, the Haircare Plan must address:
17 (1) necessary haircare steps to be taken to preserve
18 the youth's desired connection to the youth's race,
19 culture, gender, religion, and identity;
20 (2) necessary steps to be taken specific to the
21 youth's haircare needs during emergency and health
22 situations; and
23 (3) the desires of the youth as they pertain to the
24 youth's haircare.
25 A youth's Haircare Plan must be reviewed at the same time
26 as the case plan review required under Section 6a as well as
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1 during monthly visits to ensure compliance with the Haircare
2 Plan and identify any needed changes.
3 (d) By June 1, 2025, the Department shall develop training
4 and resources to make available for caregivers and appropriate
5 child care facility staff to provide culturally competent
6 haircare to youth in care.
7 (e) By June 1, 2025, the Department must adopt rules to
8 facilitate the implementation of this Section.
9 Section 10. The Foster Parent Law is amended by changing
10 Sections 1-15 and 1-20 as follows:
11 (20 ILCS 520/1-15)
12 Sec. 1-15. Foster parent rights. A foster parent's rights
13 include, but are not limited to, the following:
14 (1) The right to be treated with dignity, respect, and
15 consideration as a professional member of the child
16 welfare team.
17 (2) The right to be given standardized pre-service
18 training and appropriate ongoing training to meet mutually
19 assessed needs and improve the foster parent's skills.
20 (3) The right to be informed as to how to contact the
21 appropriate child placement agency in order to receive
22 information and assistance to access supportive services
23 for children in the foster parent's care.
24 (4) The right to receive timely financial
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1 reimbursement commensurate with the care needs of the
2 child as specified in the service plan.
3 (5) The right to be provided a clear, written
4 understanding of a placement agency's plan concerning the
5 placement of a child in the foster parent's home. Inherent
6 in this right is the foster parent's responsibility to
7 support activities that will promote the child's right to
8 relationships with the child's own family and cultural
9 heritage.
10 (6) The right to be provided a fair, timely, and
11 impartial investigation of complaints concerning the
12 foster parent's licensure, to be provided the opportunity
13 to have a person of the foster parent's choosing present
14 during the investigation, and to be provided due process
15 during the investigation; the right to be provided the
16 opportunity to request and receive mediation or an
17 administrative review of decisions that affect licensing
18 parameters, or both mediation and an administrative
19 review; and the right to have decisions concerning a
20 licensing corrective action plan specifically explained
21 and tied to the licensing standards violated.
22 (7) The right, at any time during which a child is
23 placed with the foster parent, to receive additional or
24 necessary information that is relevant to the care of the
25 child.
26 (7.5) The right to be given information concerning a
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1 child (i) from the Department as required under subsection
2 (u) of Section 5 of the Children and Family Services Act
3 and (ii) from a child welfare agency as required under
4 subsection (c-5) of Section 7.4 of the Child Care Act of
5 1969.
6 (8) The right to be notified of scheduled meetings and
7 staffings concerning the foster child in order to actively
8 participate in the case planning and decision-making
9 process regarding the child, including individual service
10 planning meetings, administrative case reviews,
11 interdisciplinary staffings, and individual educational
12 planning meetings; the right to be informed of decisions
13 made by the courts or the child welfare agency concerning
14 the child; the right to provide input concerning the plan
15 of services for the child and to have that input given full
16 consideration in the same manner as information presented
17 by any other professional on the team; and the right to
18 communicate with other professionals who work with the
19 foster child within the context of the team, including
20 therapists, physicians, attending health care
21 professionals, and teachers.
22 (9) The right to be given, in a timely and consistent
23 manner, any information a caseworker has regarding the
24 child and the child's family which is pertinent to the
25 care and needs of the child and to the making of a
26 permanency plan for the child. Disclosure of information
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1 concerning the child's family shall be limited to that
2 information that is essential for understanding the needs
3 of and providing care to the child in order to protect the
4 rights of the child's family. When a positive relationship
5 exists between the foster parent and the child's family,
6 the child's family may consent to disclosure of additional
7 information.
8 (10) The right to be given reasonable written notice
9 of (i) any change in a child's case plan, (ii) plans to
10 terminate the placement of the child with the foster
11 parent, and (iii) the reasons for the change or
12 termination in placement. The notice shall be waived only
13 in cases of a court order or when the child is determined
14 to be at imminent risk of harm.
15 (11) The right to be notified in a timely and complete
16 manner of all court hearings, including notice of the date
17 and time of the court hearing, the name of the judge or
18 hearing officer hearing the case, the location of the
19 hearing, and the court docket number of the case; and the
20 right to intervene in court proceedings or to seek
21 mandamus under the Juvenile Court Act of 1987.
22 (12) The right to be considered as a placement option
23 when a foster child who was formerly placed with the
24 foster parent is to be re-entered into foster care, if
25 that placement is consistent with the best interest of the
26 child and other children in the foster parent's home.
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1 (13) The right to have timely access to the child
2 placement agency's existing appeals process and the right
3 to be free from acts of harassment and retaliation by any
4 other party when exercising the right to appeal.
5 (14) The right to be informed of the Foster Parent
6 Hotline established under Section 35.6 of the Children and
7 Family Services Act and all of the rights accorded to
8 foster parents concerning reports of misconduct by
9 Department employees, service providers, or contractors,
10 confidential handling of those reports, and investigation
11 by the Inspector General appointed under Section 35.5 of
12 the Children and Family Services Act.
13 (15) The right to timely training necessary to meet
14 the haircare needs of the children placed in the foster
15 parent's care.
16 (Source: P.A. 103-22, eff. 8-8-23.)
17 (20 ILCS 520/1-20)
18 Sec. 1-20. Foster parent responsibilities. A foster
19 parent's responsibilities include, but are not limited to, the
20 following:
21 (1) The responsibility to openly communicate and share
22 information about the child with other members of the
23 child welfare team.
24 (2) The responsibility to respect the confidentiality
25 of information concerning foster children and their
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1 families and act appropriately within applicable
2 confidentiality laws and regulations.
3 (3) The responsibility to advocate for children in the
4 foster parent's care.
5 (4) The responsibility to treat children in the foster
6 parent's care and the children's families with dignity,
7 respect, and consideration.
8 (5) The responsibility to recognize the foster
9 parent's own individual and familial strengths and
10 limitations when deciding whether to accept a child into
11 care; and the responsibility to recognize the foster
12 parent's own support needs and utilize appropriate
13 supports in providing care for foster children.
14 (6) The responsibility to be aware of the benefits of
15 relying on and affiliating with other foster parents and
16 foster parent associations in improving the quality of
17 care and service to children and families.
18 (7) The responsibility to assess the foster parent's
19 ongoing individual training needs and take action to meet
20 those needs.
21 (8) The responsibility to develop and assist in
22 implementing strategies to prevent placement disruptions,
23 recognizing the traumatic impact of placement disruptions
24 on a foster child and all members of the foster family; and
25 the responsibility to provide emotional support for the
26 foster children and members of the foster family if
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1 preventive strategies fail and placement disruptions
2 occur.
3 (9) The responsibility to know the impact foster
4 parenting has on individuals and family relationships; and
5 the responsibility to endeavor to minimize, as much as
6 possible, any stress that results from foster parenting.
7 (10) The responsibility to know the rewards and
8 benefits to children, parents, families, and society that
9 come from foster parenting and to promote the foster
10 parenting experience in a positive way.
11 (11) The responsibility to know the roles, rights, and
12 responsibilities of foster parents, other professionals in
13 the child welfare system, the foster child, and the foster
14 child's own family.
15 (12) The responsibility to know and, as necessary,
16 fulfill the foster parent's responsibility to serve as a
17 mandated reporter of suspected child abuse or neglect
18 under the Abused and Neglected Child Reporting Act; and
19 the responsibility to know the child welfare agency's
20 policy regarding allegations that foster parents have
21 committed child abuse or neglect and applicable
22 administrative rules and procedures governing
23 investigations of those allegations.
24 (13) The responsibility to know and receive training
25 regarding the purpose of administrative case reviews,
26 client service plans, and court processes, as well as any
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1 filing or time requirements associated with those
2 proceedings; and the responsibility to actively
3 participate in the foster parent's designated role in
4 these proceedings.
5 (14) The responsibility to know the child welfare
6 agency's appeal procedure for foster parents and the
7 rights of foster parents under the procedure.
8 (15) The responsibility to know and understand the
9 importance of maintaining accurate and relevant records
10 regarding the child's history and progress; and the
11 responsibility to be aware of and follow the procedures
12 and regulations of the child welfare agency with which the
13 foster parent is licensed or affiliated.
14 (16) The responsibility to share information, through
15 the child welfare team, with the subsequent caregiver
16 (whether the child's parent or another substitute
17 caregiver) regarding the child's adjustment in the foster
18 parent's home.
19 (17) The responsibility to provide care and services
20 that are respectful of and responsive to the child's
21 cultural needs and are supportive of the relationship
22 between the child and the child's own family; the
23 responsibility to recognize the increased importance of
24 maintaining a child's cultural identity when the race or
25 culture of the foster family differs from that of the
26 foster child; the responsibility to provide haircare that
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1 preserves the child's desired connection to the child's
2 race, culture, gender, religion, and identity; and the
3 responsibility to take action to address these issues.
4 (Source: P.A. 103-22, eff. 8-8-23.)
5 Section 15. The Foster Children's Bill of Rights Act is
6 amended by changing Section 5 as follows:
7 (20 ILCS 521/5)
8 Sec. 5. Foster Children's Bill of Rights. It is the policy
9 of this State that every child and adult in the care of the
10 Department of Children and Family Services who is placed in
11 foster care shall have the following rights:
12 (1) To live in a safe, healthy, and comfortable home
13 where they are treated with respect.
14 (2) To be free from physical, sexual, emotional, or
15 other abuse, or corporal punishment.
16 (3) To receive adequate and healthy food, adequate
17 clothing, and, for youth in group homes, residential
18 treatment facilities, and foster homes, an allowance.
19 (4) To receive medical, dental, vision, and mental
20 health services.
21 (5) To be free of the administration of medication or
22 chemical substances, unless authorized by a physician.
23 (6) To contact family members, unless prohibited by
24 court order, and social workers, attorneys, foster youth
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1 advocates and supporters, Court Appointed Special
2 Advocates (CASAs), and probation officers.
3 (7) To visit and contact siblings, unless prohibited
4 by court order.
5 (8) To contact the Advocacy Office for Children and
6 Families established under the Children and Family
7 Services Act or the Department of Children and Family
8 Services' Office of the Inspector General regarding
9 violations of rights, to speak to representatives of these
10 offices confidentially, and to be free from threats or
11 punishment for making complaints.
12 (9) To make and receive confidential telephone calls
13 and send and receive unopened mail, unless prohibited by
14 court order.
15 (10) To attend religious services and activities of
16 their choice.
17 (11) To maintain an emancipation bank account and
18 manage personal income, consistent with the child's age
19 and developmental level, unless prohibited by the case
20 plan.
21 (12) To not be locked in a room, building, or facility
22 premises, unless placed in a secure child care facility
23 licensed by the Department of Children and Family Services
24 under the Child Care Act of 1969 and placed pursuant to
25 Section 2-27.1 of the Juvenile Court Act of 1987.
26 (13) To attend school and participate in
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1 extracurricular, cultural, and personal enrichment
2 activities, consistent with the child's age and
3 developmental level, with minimal disruptions to school
4 attendance and educational stability.
5 (14) To work and develop job skills at an
6 age-appropriate level, consistent with State law.
7 (15) To have social contacts with people outside of
8 the foster care system, including teachers, church
9 members, mentors, and friends.
10 (16) If they meet age requirements, to attend services
11 and programs operated by the Department of Children and
12 Family Services or any other appropriate State agency that
13 aim to help current and former foster youth achieve
14 self-sufficiency prior to and after leaving foster care.
15 (17) To attend court hearings and speak to the judge.
16 (18) To have storage space for private use.
17 (19) To be involved in the development of their own
18 case plan and plan for permanent placement.
19 (20) To review their own case plan and plan for
20 permanent placement, if they are 12 years of age or older
21 and in a permanent placement, and to receive information
22 about their out-of-home placement and case plan, including
23 being told of changes to the case plan.
24 (21) To be free from unreasonable searches of personal
25 belongings.
26 (22) To the confidentiality of all juvenile court
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1 records consistent with existing law.
2 (23) To have fair and equal access to all available
3 services, placement, care, treatment, and benefits, and to
4 not be subjected to discrimination or harassment on the
5 basis of actual or perceived race, ethnic group
6 identification, ancestry, national origin, color,
7 religion, sex, sexual orientation, gender identity, mental
8 or physical disability, or HIV status.
9 (24) To have caregivers and child welfare personnel
10 who have received sensitivity training and instruction on
11 matters concerning race, ethnicity, national origin,
12 color, ancestry, religion, mental and physical disability,
13 and HIV status.
14 (25) To have caregivers and child welfare personnel
15 who have received instruction on cultural competency and
16 sensitivity relating to, and best practices for, providing
17 adequate care to lesbian, gay, bisexual, and transgender
18 youth in out-of-home care.
19 (26) At 16 years of age or older, to have access to
20 existing information regarding the educational options
21 available, including, but not limited to, the coursework
22 necessary for vocational and postsecondary educational
23 programs, and information regarding financial aid for
24 postsecondary education.
25 (27) To have access to age-appropriate, medically
26 accurate information about reproductive health care, the
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1 prevention of unplanned pregnancy, and the prevention and
2 treatment of sexually transmitted infections at 12 years
3 of age or older.
4 (28) To receive a copy of this Act from and have it
5 fully explained by the Department of Children and Family
6 Services when the child or adult is placed in the care of
7 the Department of Children and Family Services.
8 (29) To be placed in the least restrictive and most
9 family-like setting available and in close proximity to
10 their parent's home consistent with their health, safety,
11 best interests, and special needs.
12 (30) To participate in an age and developmentally
13 appropriate intake process immediately after placement in
14 the custody or guardianship of the Department. During the
15 intake process, the Department shall provide the youth
16 with a document describing inappropriate acts of
17 affection, discipline, and punishment by guardians, foster
18 parents, foster siblings, or any other adult responsible
19 for the youth's welfare. The Department shall review and
20 discuss the document with the child. The Department must
21 document completion of the intake process in the child's
22 records as well as giving a copy of the document to the
23 child.
24 (31) To participate in appropriate intervention and
25 counseling services after removal from the home of origin
26 in order to assess whether the youth is exhibiting signs
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1 of traumatic stress, special needs, or mental illness.
2 (32) To receive a home visit by an assigned child
3 welfare specialist, per existing Department policies and
4 procedures, on a monthly basis or more frequently as
5 needed. In addition to what existing policies and
6 procedures outline, home visits shall be used to assess
7 the youth's well-being and emotional health following
8 placement, to determine the youth's relationship with the
9 youth's guardian or foster parent or with any other adult
10 responsible for the youth's welfare or living in or
11 frequenting the home environment, and to determine what
12 forms of discipline, if any, the youth's guardian or
13 foster parent or any other person in the home environment
14 uses to correct the youth.
15 (33) To be enrolled in an independent living services
16 program prior to transitioning out of foster care where
17 the youth will receive classes and instruction,
18 appropriate to the youth's age and developmental capacity,
19 on independent living and self-sufficiency in the areas of
20 employment, finances, meals, and housing as well as help
21 in developing life skills and long-term goals.
22 (34) To be assessed by a third-party entity or agency
23 prior to enrollment in any independent living services
24 program in order to determine the youth's readiness for a
25 transition out of foster care based on the youth's
26 individual needs, emotional development, and ability,
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