IL
Illinois House Bill HB5097

Illinois 2023-2024 Regular Session

Illinois House Bill HB5097 Compare Versions

OldNewDifferences
1-Public Act 103-0850
21 HB5097 EnrolledLRB103 38538 KTG 68674 b HB5097 Enrolled LRB103 38538 KTG 68674 b
32 HB5097 Enrolled LRB103 38538 KTG 68674 b
4-AN ACT concerning State government.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 5. The Children and Family Services Act is amended
8-by adding Section 7.3b as follows:
9-(20 ILCS 505/7.3b new)
10-Sec. 7.3b. Case plan requirements for hair-related needs
11-of youth in care.
12-(a) Purposes. Hair plays an important role in fostering
13-youths' connection to their race, culture, and identity.
14-Haircare promotes positive messages of self-worth, comfort,
15-and affection. Because these messages typically are developed
16-through interactions with family and community members, it is
17-necessary to establish a framework to ensure that youth in
18-care are not deprived of these messages and that caregivers
19-and appropriate child care facility staff are adequately
20-prepared to provide culturally competent haircare for youth.
21-(b) Definitions. As used in this Section:
22-(1) "Haircare" means all care related to the
23-maintenance of hair, including, but not limited to, the
24-daily maintenance routine, cutting, styling, or dying of
25-hair.
26-(2) "Culture" means the norms, traditions, and
3+1 AN ACT concerning State government.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 5. The Children and Family Services Act is amended
7+5 by adding Section 7.3b as follows:
8+6 (20 ILCS 505/7.3b new)
9+7 Sec. 7.3b. Case plan requirements for hair-related needs
10+8 of youth in care.
11+9 (a) Purposes. Hair plays an important role in fostering
12+10 youths' connection to their race, culture, and identity.
13+11 Haircare promotes positive messages of self-worth, comfort,
14+12 and affection. Because these messages typically are developed
15+13 through interactions with family and community members, it is
16+14 necessary to establish a framework to ensure that youth in
17+15 care are not deprived of these messages and that caregivers
18+16 and appropriate child care facility staff are adequately
19+17 prepared to provide culturally competent haircare for youth.
20+18 (b) Definitions. As used in this Section:
21+19 (1) "Haircare" means all care related to the
22+20 maintenance of hair, including, but not limited to, the
23+21 daily maintenance routine, cutting, styling, or dying of
24+22 hair.
25+23 (2) "Culture" means the norms, traditions, and
2726
2827
2928
3029 HB5097 Enrolled LRB103 38538 KTG 68674 b
3130
3231
33-experiences of a person's community that inform that
34-person's daily life and long-term goals.
35-(3) "Identity" means the memories, experiences,
36-relationships, and values that create one's sense of self.
37-This amalgamation creates a steady sense of who one is
38-over time, even as new facets are developed and
39-incorporated into one's identity.
40-(c) Haircare plan. Every case plan shall include a
41-Haircare Plan for each youth in care that is developed in
42-consultation with the youth based upon the youth's
43-developmental abilities, as well as with the youth's parents
44-or caregivers or appropriate child care facility staff if not
45-contrary to the youth's wishes, and that outlines any training
46-or resources required by the caregiver or appropriate child
47-care facility staff to meet the haircare needs of the youth. At
48-a minimum, the Haircare Plan must address:
49-(1) necessary haircare steps to be taken to preserve
50-the youth's desired connection to the youth's race,
51-culture, gender, religion, and identity;
52-(2) necessary steps to be taken specific to the
53-youth's haircare needs during emergency and health
54-situations; and
55-(3) the desires of the youth as they pertain to the
56-youth's haircare.
57-A youth's Haircare Plan must be reviewed at the same time
58-as the case plan review required under Section 6a as well as
32+HB5097 Enrolled- 2 -LRB103 38538 KTG 68674 b HB5097 Enrolled - 2 - LRB103 38538 KTG 68674 b
33+ HB5097 Enrolled - 2 - LRB103 38538 KTG 68674 b
34+1 experiences of a person's community that inform that
35+2 person's daily life and long-term goals.
36+3 (3) "Identity" means the memories, experiences,
37+4 relationships, and values that create one's sense of self.
38+5 This amalgamation creates a steady sense of who one is
39+6 over time, even as new facets are developed and
40+7 incorporated into one's identity.
41+8 (c) Haircare plan. Every case plan shall include a
42+9 Haircare Plan for each youth in care that is developed in
43+10 consultation with the youth based upon the youth's
44+11 developmental abilities, as well as with the youth's parents
45+12 or caregivers or appropriate child care facility staff if not
46+13 contrary to the youth's wishes, and that outlines any training
47+14 or resources required by the caregiver or appropriate child
48+15 care facility staff to meet the haircare needs of the youth. At
49+16 a minimum, the Haircare Plan must address:
50+17 (1) necessary haircare steps to be taken to preserve
51+18 the youth's desired connection to the youth's race,
52+19 culture, gender, religion, and identity;
53+20 (2) necessary steps to be taken specific to the
54+21 youth's haircare needs during emergency and health
55+22 situations; and
56+23 (3) the desires of the youth as they pertain to the
57+24 youth's haircare.
58+25 A youth's Haircare Plan must be reviewed at the same time
59+26 as the case plan review required under Section 6a as well as
5960
6061
61-during monthly visits to ensure compliance with the Haircare
62-Plan and identify any needed changes.
63-(d) By June 1, 2025, the Department shall develop training
64-and resources to make available for caregivers and appropriate
65-child care facility staff to provide culturally competent
66-haircare to youth in care.
67-(e) By June 1, 2025, the Department must adopt rules to
68-facilitate the implementation of this Section.
69-Section 10. The Foster Parent Law is amended by changing
70-Sections 1-15 and 1-20 as follows:
71-(20 ILCS 520/1-15)
72-Sec. 1-15. Foster parent rights. A foster parent's rights
73-include, but are not limited to, the following:
74-(1) The right to be treated with dignity, respect, and
75-consideration as a professional member of the child
76-welfare team.
77-(2) The right to be given standardized pre-service
78-training and appropriate ongoing training to meet mutually
79-assessed needs and improve the foster parent's skills.
80-(3) The right to be informed as to how to contact the
81-appropriate child placement agency in order to receive
82-information and assistance to access supportive services
83-for children in the foster parent's care.
84-(4) The right to receive timely financial
8562
8663
87-reimbursement commensurate with the care needs of the
88-child as specified in the service plan.
89-(5) The right to be provided a clear, written
90-understanding of a placement agency's plan concerning the
91-placement of a child in the foster parent's home. Inherent
92-in this right is the foster parent's responsibility to
93-support activities that will promote the child's right to
94-relationships with the child's own family and cultural
95-heritage.
96-(6) The right to be provided a fair, timely, and
97-impartial investigation of complaints concerning the
98-foster parent's licensure, to be provided the opportunity
99-to have a person of the foster parent's choosing present
100-during the investigation, and to be provided due process
101-during the investigation; the right to be provided the
102-opportunity to request and receive mediation or an
103-administrative review of decisions that affect licensing
104-parameters, or both mediation and an administrative
105-review; and the right to have decisions concerning a
106-licensing corrective action plan specifically explained
107-and tied to the licensing standards violated.
108-(7) The right, at any time during which a child is
109-placed with the foster parent, to receive additional or
110-necessary information that is relevant to the care of the
111-child.
112-(7.5) The right to be given information concerning a
64+
65+ HB5097 Enrolled - 2 - LRB103 38538 KTG 68674 b
11366
11467
115-child (i) from the Department as required under subsection
116-(u) of Section 5 of the Children and Family Services Act
117-and (ii) from a child welfare agency as required under
118-subsection (c-5) of Section 7.4 of the Child Care Act of
119-1969.
120-(8) The right to be notified of scheduled meetings and
121-staffings concerning the foster child in order to actively
122-participate in the case planning and decision-making
123-process regarding the child, including individual service
124-planning meetings, administrative case reviews,
125-interdisciplinary staffings, and individual educational
126-planning meetings; the right to be informed of decisions
127-made by the courts or the child welfare agency concerning
128-the child; the right to provide input concerning the plan
129-of services for the child and to have that input given full
130-consideration in the same manner as information presented
131-by any other professional on the team; and the right to
132-communicate with other professionals who work with the
133-foster child within the context of the team, including
134-therapists, physicians, attending health care
135-professionals, and teachers.
136-(9) The right to be given, in a timely and consistent
137-manner, any information a caseworker has regarding the
138-child and the child's family which is pertinent to the
139-care and needs of the child and to the making of a
140-permanency plan for the child. Disclosure of information
68+HB5097 Enrolled- 3 -LRB103 38538 KTG 68674 b HB5097 Enrolled - 3 - LRB103 38538 KTG 68674 b
69+ HB5097 Enrolled - 3 - LRB103 38538 KTG 68674 b
70+1 during monthly visits to ensure compliance with the Haircare
71+2 Plan and identify any needed changes.
72+3 (d) By June 1, 2025, the Department shall develop training
73+4 and resources to make available for caregivers and appropriate
74+5 child care facility staff to provide culturally competent
75+6 haircare to youth in care.
76+7 (e) By June 1, 2025, the Department must adopt rules to
77+8 facilitate the implementation of this Section.
78+9 Section 10. The Foster Parent Law is amended by changing
79+10 Sections 1-15 and 1-20 as follows:
80+11 (20 ILCS 520/1-15)
81+12 Sec. 1-15. Foster parent rights. A foster parent's rights
82+13 include, but are not limited to, the following:
83+14 (1) The right to be treated with dignity, respect, and
84+15 consideration as a professional member of the child
85+16 welfare team.
86+17 (2) The right to be given standardized pre-service
87+18 training and appropriate ongoing training to meet mutually
88+19 assessed needs and improve the foster parent's skills.
89+20 (3) The right to be informed as to how to contact the
90+21 appropriate child placement agency in order to receive
91+22 information and assistance to access supportive services
92+23 for children in the foster parent's care.
93+24 (4) The right to receive timely financial
14194
14295
143-concerning the child's family shall be limited to that
144-information that is essential for understanding the needs
145-of and providing care to the child in order to protect the
146-rights of the child's family. When a positive relationship
147-exists between the foster parent and the child's family,
148-the child's family may consent to disclosure of additional
149-information.
150-(10) The right to be given reasonable written notice
151-of (i) any change in a child's case plan, (ii) plans to
152-terminate the placement of the child with the foster
153-parent, and (iii) the reasons for the change or
154-termination in placement. The notice shall be waived only
155-in cases of a court order or when the child is determined
156-to be at imminent risk of harm.
157-(11) The right to be notified in a timely and complete
158-manner of all court hearings, including notice of the date
159-and time of the court hearing, the name of the judge or
160-hearing officer hearing the case, the location of the
161-hearing, and the court docket number of the case; and the
162-right to intervene in court proceedings or to seek
163-mandamus under the Juvenile Court Act of 1987.
164-(12) The right to be considered as a placement option
165-when a foster child who was formerly placed with the
166-foster parent is to be re-entered into foster care, if
167-that placement is consistent with the best interest of the
168-child and other children in the foster parent's home.
16996
17097
171-(13) The right to have timely access to the child
172-placement agency's existing appeals process and the right
173-to be free from acts of harassment and retaliation by any
174-other party when exercising the right to appeal.
175-(14) The right to be informed of the Foster Parent
176-Hotline established under Section 35.6 of the Children and
177-Family Services Act and all of the rights accorded to
178-foster parents concerning reports of misconduct by
179-Department employees, service providers, or contractors,
180-confidential handling of those reports, and investigation
181-by the Inspector General appointed under Section 35.5 of
182-the Children and Family Services Act.
183-(15) The right to timely training necessary to meet
184-the haircare needs of the children placed in the foster
185-parent's care.
186-(Source: P.A. 103-22, eff. 8-8-23.)
187-(20 ILCS 520/1-20)
188-Sec. 1-20. Foster parent responsibilities. A foster
189-parent's responsibilities include, but are not limited to, the
190-following:
191-(1) The responsibility to openly communicate and share
192-information about the child with other members of the
193-child welfare team.
194-(2) The responsibility to respect the confidentiality
195-of information concerning foster children and their
98+
99+ HB5097 Enrolled - 3 - LRB103 38538 KTG 68674 b
196100
197101
198-families and act appropriately within applicable
199-confidentiality laws and regulations.
200-(3) The responsibility to advocate for children in the
201-foster parent's care.
202-(4) The responsibility to treat children in the foster
203-parent's care and the children's families with dignity,
204-respect, and consideration.
205-(5) The responsibility to recognize the foster
206-parent's own individual and familial strengths and
207-limitations when deciding whether to accept a child into
208-care; and the responsibility to recognize the foster
209-parent's own support needs and utilize appropriate
210-supports in providing care for foster children.
211-(6) The responsibility to be aware of the benefits of
212-relying on and affiliating with other foster parents and
213-foster parent associations in improving the quality of
214-care and service to children and families.
215-(7) The responsibility to assess the foster parent's
216-ongoing individual training needs and take action to meet
217-those needs.
218-(8) The responsibility to develop and assist in
219-implementing strategies to prevent placement disruptions,
220-recognizing the traumatic impact of placement disruptions
221-on a foster child and all members of the foster family; and
222-the responsibility to provide emotional support for the
223-foster children and members of the foster family if
102+HB5097 Enrolled- 4 -LRB103 38538 KTG 68674 b HB5097 Enrolled - 4 - LRB103 38538 KTG 68674 b
103+ HB5097 Enrolled - 4 - LRB103 38538 KTG 68674 b
104+1 reimbursement commensurate with the care needs of the
105+2 child as specified in the service plan.
106+3 (5) The right to be provided a clear, written
107+4 understanding of a placement agency's plan concerning the
108+5 placement of a child in the foster parent's home. Inherent
109+6 in this right is the foster parent's responsibility to
110+7 support activities that will promote the child's right to
111+8 relationships with the child's own family and cultural
112+9 heritage.
113+10 (6) The right to be provided a fair, timely, and
114+11 impartial investigation of complaints concerning the
115+12 foster parent's licensure, to be provided the opportunity
116+13 to have a person of the foster parent's choosing present
117+14 during the investigation, and to be provided due process
118+15 during the investigation; the right to be provided the
119+16 opportunity to request and receive mediation or an
120+17 administrative review of decisions that affect licensing
121+18 parameters, or both mediation and an administrative
122+19 review; and the right to have decisions concerning a
123+20 licensing corrective action plan specifically explained
124+21 and tied to the licensing standards violated.
125+22 (7) The right, at any time during which a child is
126+23 placed with the foster parent, to receive additional or
127+24 necessary information that is relevant to the care of the
128+25 child.
129+26 (7.5) The right to be given information concerning a
224130
225131
226-preventive strategies fail and placement disruptions
227-occur.
228-(9) The responsibility to know the impact foster
229-parenting has on individuals and family relationships; and
230-the responsibility to endeavor to minimize, as much as
231-possible, any stress that results from foster parenting.
232-(10) The responsibility to know the rewards and
233-benefits to children, parents, families, and society that
234-come from foster parenting and to promote the foster
235-parenting experience in a positive way.
236-(11) The responsibility to know the roles, rights, and
237-responsibilities of foster parents, other professionals in
238-the child welfare system, the foster child, and the foster
239-child's own family.
240-(12) The responsibility to know and, as necessary,
241-fulfill the foster parent's responsibility to serve as a
242-mandated reporter of suspected child abuse or neglect
243-under the Abused and Neglected Child Reporting Act; and
244-the responsibility to know the child welfare agency's
245-policy regarding allegations that foster parents have
246-committed child abuse or neglect and applicable
247-administrative rules and procedures governing
248-investigations of those allegations.
249-(13) The responsibility to know and receive training
250-regarding the purpose of administrative case reviews,
251-client service plans, and court processes, as well as any
252132
253133
254-filing or time requirements associated with those
255-proceedings; and the responsibility to actively
256-participate in the foster parent's designated role in
257-these proceedings.
258-(14) The responsibility to know the child welfare
259-agency's appeal procedure for foster parents and the
260-rights of foster parents under the procedure.
261-(15) The responsibility to know and understand the
262-importance of maintaining accurate and relevant records
263-regarding the child's history and progress; and the
264-responsibility to be aware of and follow the procedures
265-and regulations of the child welfare agency with which the
266-foster parent is licensed or affiliated.
267-(16) The responsibility to share information, through
268-the child welfare team, with the subsequent caregiver
269-(whether the child's parent or another substitute
270-caregiver) regarding the child's adjustment in the foster
271-parent's home.
272-(17) The responsibility to provide care and services
273-that are respectful of and responsive to the child's
274-cultural needs and are supportive of the relationship
275-between the child and the child's own family; the
276-responsibility to recognize the increased importance of
277-maintaining a child's cultural identity when the race or
278-culture of the foster family differs from that of the
279-foster child; the responsibility to provide haircare that
134+
135+ HB5097 Enrolled - 4 - LRB103 38538 KTG 68674 b
280136
281137
282-preserves the child's desired connection to the child's
283-race, culture, gender, religion, and identity; and the
284-responsibility to take action to address these issues.
285-(Source: P.A. 103-22, eff. 8-8-23.)
286-Section 15. The Foster Children's Bill of Rights Act is
287-amended by changing Section 5 as follows:
138+HB5097 Enrolled- 5 -LRB103 38538 KTG 68674 b HB5097 Enrolled - 5 - LRB103 38538 KTG 68674 b
139+ HB5097 Enrolled - 5 - LRB103 38538 KTG 68674 b
140+1 child (i) from the Department as required under subsection
141+2 (u) of Section 5 of the Children and Family Services Act
142+3 and (ii) from a child welfare agency as required under
143+4 subsection (c-5) of Section 7.4 of the Child Care Act of
144+5 1969.
145+6 (8) The right to be notified of scheduled meetings and
146+7 staffings concerning the foster child in order to actively
147+8 participate in the case planning and decision-making
148+9 process regarding the child, including individual service
149+10 planning meetings, administrative case reviews,
150+11 interdisciplinary staffings, and individual educational
151+12 planning meetings; the right to be informed of decisions
152+13 made by the courts or the child welfare agency concerning
153+14 the child; the right to provide input concerning the plan
154+15 of services for the child and to have that input given full
155+16 consideration in the same manner as information presented
156+17 by any other professional on the team; and the right to
157+18 communicate with other professionals who work with the
158+19 foster child within the context of the team, including
159+20 therapists, physicians, attending health care
160+21 professionals, and teachers.
161+22 (9) The right to be given, in a timely and consistent
162+23 manner, any information a caseworker has regarding the
163+24 child and the child's family which is pertinent to the
164+25 care and needs of the child and to the making of a
165+26 permanency plan for the child. Disclosure of information
166+
167+
168+
169+
170+
171+ HB5097 Enrolled - 5 - LRB103 38538 KTG 68674 b
172+
173+
174+HB5097 Enrolled- 6 -LRB103 38538 KTG 68674 b HB5097 Enrolled - 6 - LRB103 38538 KTG 68674 b
175+ HB5097 Enrolled - 6 - LRB103 38538 KTG 68674 b
176+1 concerning the child's family shall be limited to that
177+2 information that is essential for understanding the needs
178+3 of and providing care to the child in order to protect the
179+4 rights of the child's family. When a positive relationship
180+5 exists between the foster parent and the child's family,
181+6 the child's family may consent to disclosure of additional
182+7 information.
183+8 (10) The right to be given reasonable written notice
184+9 of (i) any change in a child's case plan, (ii) plans to
185+10 terminate the placement of the child with the foster
186+11 parent, and (iii) the reasons for the change or
187+12 termination in placement. The notice shall be waived only
188+13 in cases of a court order or when the child is determined
189+14 to be at imminent risk of harm.
190+15 (11) The right to be notified in a timely and complete
191+16 manner of all court hearings, including notice of the date
192+17 and time of the court hearing, the name of the judge or
193+18 hearing officer hearing the case, the location of the
194+19 hearing, and the court docket number of the case; and the
195+20 right to intervene in court proceedings or to seek
196+21 mandamus under the Juvenile Court Act of 1987.
197+22 (12) The right to be considered as a placement option
198+23 when a foster child who was formerly placed with the
199+24 foster parent is to be re-entered into foster care, if
200+25 that placement is consistent with the best interest of the
201+26 child and other children in the foster parent's home.
202+
203+
204+
205+
206+
207+ HB5097 Enrolled - 6 - LRB103 38538 KTG 68674 b
208+
209+
210+HB5097 Enrolled- 7 -LRB103 38538 KTG 68674 b HB5097 Enrolled - 7 - LRB103 38538 KTG 68674 b
211+ HB5097 Enrolled - 7 - LRB103 38538 KTG 68674 b
212+1 (13) The right to have timely access to the child
213+2 placement agency's existing appeals process and the right
214+3 to be free from acts of harassment and retaliation by any
215+4 other party when exercising the right to appeal.
216+5 (14) The right to be informed of the Foster Parent
217+6 Hotline established under Section 35.6 of the Children and
218+7 Family Services Act and all of the rights accorded to
219+8 foster parents concerning reports of misconduct by
220+9 Department employees, service providers, or contractors,
221+10 confidential handling of those reports, and investigation
222+11 by the Inspector General appointed under Section 35.5 of
223+12 the Children and Family Services Act.
224+13 (15) The right to timely training necessary to meet
225+14 the haircare needs of the children placed in the foster
226+15 parent's care.
227+16 (Source: P.A. 103-22, eff. 8-8-23.)
228+17 (20 ILCS 520/1-20)
229+18 Sec. 1-20. Foster parent responsibilities. A foster
230+19 parent's responsibilities include, but are not limited to, the
231+20 following:
232+21 (1) The responsibility to openly communicate and share
233+22 information about the child with other members of the
234+23 child welfare team.
235+24 (2) The responsibility to respect the confidentiality
236+25 of information concerning foster children and their
237+
238+
239+
240+
241+
242+ HB5097 Enrolled - 7 - LRB103 38538 KTG 68674 b
243+
244+
245+HB5097 Enrolled- 8 -LRB103 38538 KTG 68674 b HB5097 Enrolled - 8 - LRB103 38538 KTG 68674 b
246+ HB5097 Enrolled - 8 - LRB103 38538 KTG 68674 b
247+1 families and act appropriately within applicable
248+2 confidentiality laws and regulations.
249+3 (3) The responsibility to advocate for children in the
250+4 foster parent's care.
251+5 (4) The responsibility to treat children in the foster
252+6 parent's care and the children's families with dignity,
253+7 respect, and consideration.
254+8 (5) The responsibility to recognize the foster
255+9 parent's own individual and familial strengths and
256+10 limitations when deciding whether to accept a child into
257+11 care; and the responsibility to recognize the foster
258+12 parent's own support needs and utilize appropriate
259+13 supports in providing care for foster children.
260+14 (6) The responsibility to be aware of the benefits of
261+15 relying on and affiliating with other foster parents and
262+16 foster parent associations in improving the quality of
263+17 care and service to children and families.
264+18 (7) The responsibility to assess the foster parent's
265+19 ongoing individual training needs and take action to meet
266+20 those needs.
267+21 (8) The responsibility to develop and assist in
268+22 implementing strategies to prevent placement disruptions,
269+23 recognizing the traumatic impact of placement disruptions
270+24 on a foster child and all members of the foster family; and
271+25 the responsibility to provide emotional support for the
272+26 foster children and members of the foster family if
273+
274+
275+
276+
277+
278+ HB5097 Enrolled - 8 - LRB103 38538 KTG 68674 b
279+
280+
281+HB5097 Enrolled- 9 -LRB103 38538 KTG 68674 b HB5097 Enrolled - 9 - LRB103 38538 KTG 68674 b
282+ HB5097 Enrolled - 9 - LRB103 38538 KTG 68674 b
283+1 preventive strategies fail and placement disruptions
284+2 occur.
285+3 (9) The responsibility to know the impact foster
286+4 parenting has on individuals and family relationships; and
287+5 the responsibility to endeavor to minimize, as much as
288+6 possible, any stress that results from foster parenting.
289+7 (10) The responsibility to know the rewards and
290+8 benefits to children, parents, families, and society that
291+9 come from foster parenting and to promote the foster
292+10 parenting experience in a positive way.
293+11 (11) The responsibility to know the roles, rights, and
294+12 responsibilities of foster parents, other professionals in
295+13 the child welfare system, the foster child, and the foster
296+14 child's own family.
297+15 (12) The responsibility to know and, as necessary,
298+16 fulfill the foster parent's responsibility to serve as a
299+17 mandated reporter of suspected child abuse or neglect
300+18 under the Abused and Neglected Child Reporting Act; and
301+19 the responsibility to know the child welfare agency's
302+20 policy regarding allegations that foster parents have
303+21 committed child abuse or neglect and applicable
304+22 administrative rules and procedures governing
305+23 investigations of those allegations.
306+24 (13) The responsibility to know and receive training
307+25 regarding the purpose of administrative case reviews,
308+26 client service plans, and court processes, as well as any
309+
310+
311+
312+
313+
314+ HB5097 Enrolled - 9 - LRB103 38538 KTG 68674 b
315+
316+
317+HB5097 Enrolled- 10 -LRB103 38538 KTG 68674 b HB5097 Enrolled - 10 - LRB103 38538 KTG 68674 b
318+ HB5097 Enrolled - 10 - LRB103 38538 KTG 68674 b
319+1 filing or time requirements associated with those
320+2 proceedings; and the responsibility to actively
321+3 participate in the foster parent's designated role in
322+4 these proceedings.
323+5 (14) The responsibility to know the child welfare
324+6 agency's appeal procedure for foster parents and the
325+7 rights of foster parents under the procedure.
326+8 (15) The responsibility to know and understand the
327+9 importance of maintaining accurate and relevant records
328+10 regarding the child's history and progress; and the
329+11 responsibility to be aware of and follow the procedures
330+12 and regulations of the child welfare agency with which the
331+13 foster parent is licensed or affiliated.
332+14 (16) The responsibility to share information, through
333+15 the child welfare team, with the subsequent caregiver
334+16 (whether the child's parent or another substitute
335+17 caregiver) regarding the child's adjustment in the foster
336+18 parent's home.
337+19 (17) The responsibility to provide care and services
338+20 that are respectful of and responsive to the child's
339+21 cultural needs and are supportive of the relationship
340+22 between the child and the child's own family; the
341+23 responsibility to recognize the increased importance of
342+24 maintaining a child's cultural identity when the race or
343+25 culture of the foster family differs from that of the
344+26 foster child; the responsibility to provide haircare that
345+
346+
347+
348+
349+
350+ HB5097 Enrolled - 10 - LRB103 38538 KTG 68674 b
351+
352+
353+HB5097 Enrolled- 11 -LRB103 38538 KTG 68674 b HB5097 Enrolled - 11 - LRB103 38538 KTG 68674 b
354+ HB5097 Enrolled - 11 - LRB103 38538 KTG 68674 b
355+1 preserves the child's desired connection to the child's
356+2 race, culture, gender, religion, and identity; and the
357+3 responsibility to take action to address these issues.
358+4 (Source: P.A. 103-22, eff. 8-8-23.)
359+5 Section 15. The Foster Children's Bill of Rights Act is
360+6 amended by changing Section 5 as follows:
361+7 (20 ILCS 521/5)
362+8 Sec. 5. Foster Children's Bill of Rights. It is the policy
363+9 of this State that every child and adult in the care of the
364+10 Department of Children and Family Services who is placed in
365+11 foster care shall have the following rights:
366+12 (1) To live in a safe, healthy, and comfortable home
367+13 where they are treated with respect.
368+14 (2) To be free from physical, sexual, emotional, or
369+15 other abuse, or corporal punishment.
370+16 (3) To receive adequate and healthy food, adequate
371+17 clothing, and, for youth in group homes, residential
372+18 treatment facilities, and foster homes, an allowance.
373+19 (4) To receive medical, dental, vision, and mental
374+20 health services.
375+21 (5) To be free of the administration of medication or
376+22 chemical substances, unless authorized by a physician.
377+23 (6) To contact family members, unless prohibited by
378+24 court order, and social workers, attorneys, foster youth
379+
380+
381+
382+
383+
384+ HB5097 Enrolled - 11 - LRB103 38538 KTG 68674 b
385+
386+
387+HB5097 Enrolled- 12 -LRB103 38538 KTG 68674 b HB5097 Enrolled - 12 - LRB103 38538 KTG 68674 b
388+ HB5097 Enrolled - 12 - LRB103 38538 KTG 68674 b
389+1 advocates and supporters, Court Appointed Special
390+2 Advocates (CASAs), and probation officers.
391+3 (7) To visit and contact siblings, unless prohibited
392+4 by court order.
393+5 (8) To contact the Advocacy Office for Children and
394+6 Families established under the Children and Family
395+7 Services Act or the Department of Children and Family
396+8 Services' Office of the Inspector General regarding
397+9 violations of rights, to speak to representatives of these
398+10 offices confidentially, and to be free from threats or
399+11 punishment for making complaints.
400+12 (9) To make and receive confidential telephone calls
401+13 and send and receive unopened mail, unless prohibited by
402+14 court order.
403+15 (10) To attend religious services and activities of
404+16 their choice.
405+17 (11) To maintain an emancipation bank account and
406+18 manage personal income, consistent with the child's age
407+19 and developmental level, unless prohibited by the case
408+20 plan.
409+21 (12) To not be locked in a room, building, or facility
410+22 premises, unless placed in a secure child care facility
411+23 licensed by the Department of Children and Family Services
412+24 under the Child Care Act of 1969 and placed pursuant to
413+25 Section 2-27.1 of the Juvenile Court Act of 1987.
414+26 (13) To attend school and participate in
415+
416+
417+
418+
419+
420+ HB5097 Enrolled - 12 - LRB103 38538 KTG 68674 b
421+
422+
423+HB5097 Enrolled- 13 -LRB103 38538 KTG 68674 b HB5097 Enrolled - 13 - LRB103 38538 KTG 68674 b
424+ HB5097 Enrolled - 13 - LRB103 38538 KTG 68674 b
425+1 extracurricular, cultural, and personal enrichment
426+2 activities, consistent with the child's age and
427+3 developmental level, with minimal disruptions to school
428+4 attendance and educational stability.
429+5 (14) To work and develop job skills at an
430+6 age-appropriate level, consistent with State law.
431+7 (15) To have social contacts with people outside of
432+8 the foster care system, including teachers, church
433+9 members, mentors, and friends.
434+10 (16) If they meet age requirements, to attend services
435+11 and programs operated by the Department of Children and
436+12 Family Services or any other appropriate State agency that
437+13 aim to help current and former foster youth achieve
438+14 self-sufficiency prior to and after leaving foster care.
439+15 (17) To attend court hearings and speak to the judge.
440+16 (18) To have storage space for private use.
441+17 (19) To be involved in the development of their own
442+18 case plan and plan for permanent placement.
443+19 (20) To review their own case plan and plan for
444+20 permanent placement, if they are 12 years of age or older
445+21 and in a permanent placement, and to receive information
446+22 about their out-of-home placement and case plan, including
447+23 being told of changes to the case plan.
448+24 (21) To be free from unreasonable searches of personal
449+25 belongings.
450+26 (22) To the confidentiality of all juvenile court
451+
452+
453+
454+
455+
456+ HB5097 Enrolled - 13 - LRB103 38538 KTG 68674 b
457+
458+
459+HB5097 Enrolled- 14 -LRB103 38538 KTG 68674 b HB5097 Enrolled - 14 - LRB103 38538 KTG 68674 b
460+ HB5097 Enrolled - 14 - LRB103 38538 KTG 68674 b
461+1 records consistent with existing law.
462+2 (23) To have fair and equal access to all available
463+3 services, placement, care, treatment, and benefits, and to
464+4 not be subjected to discrimination or harassment on the
465+5 basis of actual or perceived race, ethnic group
466+6 identification, ancestry, national origin, color,
467+7 religion, sex, sexual orientation, gender identity, mental
468+8 or physical disability, or HIV status.
469+9 (24) To have caregivers and child welfare personnel
470+10 who have received sensitivity training and instruction on
471+11 matters concerning race, ethnicity, national origin,
472+12 color, ancestry, religion, mental and physical disability,
473+13 and HIV status.
474+14 (25) To have caregivers and child welfare personnel
475+15 who have received instruction on cultural competency and
476+16 sensitivity relating to, and best practices for, providing
477+17 adequate care to lesbian, gay, bisexual, and transgender
478+18 youth in out-of-home care.
479+19 (26) At 16 years of age or older, to have access to
480+20 existing information regarding the educational options
481+21 available, including, but not limited to, the coursework
482+22 necessary for vocational and postsecondary educational
483+23 programs, and information regarding financial aid for
484+24 postsecondary education.
485+25 (27) To have access to age-appropriate, medically
486+26 accurate information about reproductive health care, the
487+
488+
489+
490+
491+
492+ HB5097 Enrolled - 14 - LRB103 38538 KTG 68674 b
493+
494+
495+HB5097 Enrolled- 15 -LRB103 38538 KTG 68674 b HB5097 Enrolled - 15 - LRB103 38538 KTG 68674 b
496+ HB5097 Enrolled - 15 - LRB103 38538 KTG 68674 b
497+1 prevention of unplanned pregnancy, and the prevention and
498+2 treatment of sexually transmitted infections at 12 years
499+3 of age or older.
500+4 (28) To receive a copy of this Act from and have it
501+5 fully explained by the Department of Children and Family
502+6 Services when the child or adult is placed in the care of
503+7 the Department of Children and Family Services.
504+8 (29) To be placed in the least restrictive and most
505+9 family-like setting available and in close proximity to
506+10 their parent's home consistent with their health, safety,
507+11 best interests, and special needs.
508+12 (30) To participate in an age and developmentally
509+13 appropriate intake process immediately after placement in
510+14 the custody or guardianship of the Department. During the
511+15 intake process, the Department shall provide the youth
512+16 with a document describing inappropriate acts of
513+17 affection, discipline, and punishment by guardians, foster
514+18 parents, foster siblings, or any other adult responsible
515+19 for the youth's welfare. The Department shall review and
516+20 discuss the document with the child. The Department must
517+21 document completion of the intake process in the child's
518+22 records as well as giving a copy of the document to the
519+23 child.
520+24 (31) To participate in appropriate intervention and
521+25 counseling services after removal from the home of origin
522+26 in order to assess whether the youth is exhibiting signs
523+
524+
525+
526+
527+
528+ HB5097 Enrolled - 15 - LRB103 38538 KTG 68674 b
529+
530+
531+HB5097 Enrolled- 16 -LRB103 38538 KTG 68674 b HB5097 Enrolled - 16 - LRB103 38538 KTG 68674 b
532+ HB5097 Enrolled - 16 - LRB103 38538 KTG 68674 b
533+1 of traumatic stress, special needs, or mental illness.
534+2 (32) To receive a home visit by an assigned child
535+3 welfare specialist, per existing Department policies and
536+4 procedures, on a monthly basis or more frequently as
537+5 needed. In addition to what existing policies and
538+6 procedures outline, home visits shall be used to assess
539+7 the youth's well-being and emotional health following
540+8 placement, to determine the youth's relationship with the
541+9 youth's guardian or foster parent or with any other adult
542+10 responsible for the youth's welfare or living in or
543+11 frequenting the home environment, and to determine what
544+12 forms of discipline, if any, the youth's guardian or
545+13 foster parent or any other person in the home environment
546+14 uses to correct the youth.
547+15 (33) To be enrolled in an independent living services
548+16 program prior to transitioning out of foster care where
549+17 the youth will receive classes and instruction,
550+18 appropriate to the youth's age and developmental capacity,
551+19 on independent living and self-sufficiency in the areas of
552+20 employment, finances, meals, and housing as well as help
553+21 in developing life skills and long-term goals.
554+22 (34) To be assessed by a third-party entity or agency
555+23 prior to enrollment in any independent living services
556+24 program in order to determine the youth's readiness for a
557+25 transition out of foster care based on the youth's
558+26 individual needs, emotional development, and ability,
559+
560+
561+
562+
563+
564+ HB5097 Enrolled - 16 - LRB103 38538 KTG 68674 b
565+
566+
567+HB5097 Enrolled- 17 -LRB103 38538 KTG 68674 b HB5097 Enrolled - 17 - LRB103 38538 KTG 68674 b
568+ HB5097 Enrolled - 17 - LRB103 38538 KTG 68674 b
569+
570+
571+
572+
573+
574+ HB5097 Enrolled - 17 - LRB103 38538 KTG 68674 b