Illinois 2025-2026 Regular Session

Illinois House Bill HB0871 Compare Versions

Version 1 (Old)

Version 2 (New)

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2		-	HB0871 Engrossed LRB104 04769 SPS 14796 b
	1	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0871 Introduced , by Rep. Emanuel "Chris" Welch SYNOPSIS AS INTRODUCED: 15 ILCS 205/0.01 from Ch. 14, par. 0.01 Amends the Attorney General Act. Makes a technical change in a Section concerning the short title. LRB104 04769 SPS 14796 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0871 Introduced , by Rep. Emanuel "Chris" Welch SYNOPSIS AS INTRODUCED: 15 ILCS 205/0.01 from Ch. 14, par. 0.01 15 ILCS 205/0.01 from Ch. 14, par. 0.01 Amends the Attorney General Act. Makes a technical change in a Section concerning the short title. LRB104 04769 SPS 14796 b LRB104 04769 SPS 14796 b A BILL FOR
	2	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0871 Introduced , by Rep. Emanuel "Chris" Welch SYNOPSIS AS INTRODUCED:
	3	+	15 ILCS 205/0.01 from Ch. 14, par. 0.01 15 ILCS 205/0.01 from Ch. 14, par. 0.01
	4	+	15 ILCS 205/0.01 from Ch. 14, par. 0.01
	5	+	Amends the Attorney General Act. Makes a technical change in a Section concerning the short title.
	6	+	LRB104 04769 SPS 14796 b LRB104 04769 SPS 14796 b
	7	+	LRB104 04769 SPS 14796 b
	8	+	A BILL FOR
	9	+	HB0871LRB104 04769 SPS 14796 b HB0871 LRB104 04769 SPS 14796 b
	10	+	HB0871 LRB104 04769 SPS 14796 b
3	11		1 AN ACT concerning State government.
4	12		2 Be it enacted by the People of the State of Illinois,
5	13		3 represented in the General Assembly:
6		-	4 Section 5. The Children and Family Services Act is amended
7		-	5 by changing Section 5 as follows:
8		-	6 (20 ILCS 505/5)
9		-	7 (Text of Section before amendment by P.A. 103-1061)
10		-	8 Sec. 5. Direct child welfare services; Department of
11		-	9 Children and Family Services. To provide direct child welfare
12		-	10 services when not available through other public or private
13		-	11 child care or program facilities.
14		-	12 (a) For purposes of this Section:
15		-	13 (1) "Children" means persons found within the State
16		-	14 who are under the age of 18 years. The term also includes
17		-	15 persons under age 21 who:
18		-	16 (A) were committed to the Department pursuant to
19		-	17 the Juvenile Court Act or the Juvenile Court Act of
20		-	18 1987 and who continue under the jurisdiction of the
21		-	19 court; or
22		-	20 (B) were accepted for care, service and training
23		-	21 by the Department prior to the age of 18 and whose best
24		-	22 interest in the discretion of the Department would be
25		-	23 served by continuing that care, service and training
	14	+	4 Section 5. The Attorney General Act is amended by changing
	15	+	5 Section 0.01 as follows:
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34		-	1 because of severe emotional disturbances, physical
35		-	2 disability, social adjustment or any combination
36		-	3 thereof, or because of the need to complete an
37		-	4 educational or vocational training program.
38		-	5 (2) "Homeless youth" means persons found within the
39		-	6 State who are under the age of 19, are not in a safe and
40		-	7 stable living situation and cannot be reunited with their
41		-	8 families.
42		-	9 (3) "Child welfare services" means public social
43		-	10 services which are directed toward the accomplishment of
44		-	11 the following purposes:
45		-	12 (A) protecting and promoting the health, safety
46		-	13 and welfare of children, including homeless,
47		-	14 dependent, or neglected children;
48		-	15 (B) remedying, or assisting in the solution of
49		-	16 problems which may result in, the neglect, abuse,
50		-	17 exploitation, or delinquency of children;
51		-	18 (C) preventing the unnecessary separation of
52		-	19 children from their families by identifying family
53		-	20 problems, assisting families in resolving their
54		-	21 problems, and preventing the breakup of the family
55		-	22 where the prevention of child removal is desirable and
56		-	23 possible when the child can be cared for at home
57		-	24 without endangering the child's health and safety;
58		-	25 (D) restoring to their families children who have
59		-	26 been removed, by the provision of services to the
	19	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0871 Introduced , by Rep. Emanuel "Chris" Welch SYNOPSIS AS INTRODUCED:
	20	+	15 ILCS 205/0.01 from Ch. 14, par. 0.01 15 ILCS 205/0.01 from Ch. 14, par. 0.01
	21	+	15 ILCS 205/0.01 from Ch. 14, par. 0.01
	22	+	Amends the Attorney General Act. Makes a technical change in a Section concerning the short title.
	23	+	LRB104 04769 SPS 14796 b LRB104 04769 SPS 14796 b
	24	+	LRB104 04769 SPS 14796 b
	25	+	A BILL FOR
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	31	+	15 ILCS 205/0.01 from Ch. 14, par. 0.01
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70		-	1 child and the families when the child can be cared for
71		-	2 at home without endangering the child's health and
72		-	3 safety;
73		-	4 (E) placing children in suitable permanent family
74		-	5 arrangements, through guardianship or adoption, in
75		-	6 cases where restoration to the birth family is not
76		-	7 safe, possible, or appropriate;
77		-	8 (F) at the time of placement, conducting
78		-	9 concurrent planning, as described in subsection (l-1)
79		-	10 of this Section, so that permanency may occur at the
80		-	11 earliest opportunity. Consideration should be given so
81		-	12 that if reunification fails or is delayed, the
82		-	13 placement made is the best available placement to
83		-	14 provide permanency for the child;
84		-	15 (G) (blank);
85		-	16 (H) (blank); and
86		-	17 (I) placing and maintaining children in facilities
87		-	18 that provide separate living quarters for children
88		-	19 under the age of 18 and for children 18 years of age
89		-	20 and older, unless a child 18 years of age is in the
90		-	21 last year of high school education or vocational
91		-	22 training, in an approved individual or group treatment
92		-	23 program, in a licensed shelter facility, or secure
93		-	24 child care facility. The Department is not required to
94		-	25 place or maintain children:
95		-	26 (i) who are in a foster home, or
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106		-	1 (ii) who are persons with a developmental
107		-	2 disability, as defined in the Mental Health and
108		-	3 Developmental Disabilities Code, or
109		-	4 (iii) who are female children who are
110		-	5 pregnant, pregnant and parenting, or parenting, or
111		-	6 (iv) who are siblings, in facilities that
112		-	7 provide separate living quarters for children 18
113		-	8 years of age and older and for children under 18
114		-	9 years of age.
115		-	10 (b) (Blank).
116		-	11 (b-5) The Department shall adopt rules to establish a
117		-	12 process for all licensed residential providers in Illinois to
118		-	13 submit data as required by the Department if they contract or
119		-	14 receive reimbursement for children's mental health, substance
120		-	15 use, and developmental disability services from the Department
121		-	16 of Human Services, the Department of Juvenile Justice, or the
122		-	17 Department of Healthcare and Family Services. The requested
123		-	18 data must include, but is not limited to, capacity, staffing,
124		-	19 and occupancy data for the purpose of establishing State need
125		-	20 and placement availability.
126		-	21 All information collected, shared, or stored pursuant to
127		-	22 this subsection shall be handled in accordance with all State
128		-	23 and federal privacy laws and accompanying regulations and
129		-	24 rules, including without limitation the federal Health
130		-	25 Insurance Portability and Accountability Act of 1996 (Public
131		-	26 Law 104-191) and the Mental Health and Developmental
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142		-	1 Disabilities Confidentiality Act.
143		-	2 (c) The Department shall establish and maintain
144		-	3 tax-supported child welfare services and extend and seek to
145		-	4 improve voluntary services throughout the State, to the end
146		-	5 that services and care shall be available on an equal basis
147		-	6 throughout the State to children requiring such services.
148		-	7 (d) The Director may authorize advance disbursements for
149		-	8 any new program initiative to any agency contracting with the
150		-	9 Department. As a prerequisite for an advance disbursement, the
151		-	10 contractor must post a surety bond in the amount of the advance
152		-	11 disbursement and have a purchase of service contract approved
153		-	12 by the Department. The Department may pay up to 2 months
154		-	13 operational expenses in advance. The amount of the advance
155		-	14 disbursement shall be prorated over the life of the contract
156		-	15 or the remaining months of the fiscal year, whichever is less,
157		-	16 and the installment amount shall then be deducted from future
158		-	17 bills. Advance disbursement authorizations for new initiatives
159		-	18 shall not be made to any agency after that agency has operated
160		-	19 during 2 consecutive fiscal years. The requirements of this
161		-	20 Section concerning advance disbursements shall not apply with
162		-	21 respect to the following: payments to local public agencies
163		-	22 for child day care services as authorized by Section 5a of this
164		-	23 Act; and youth service programs receiving grant funds under
165		-	24 Section 17a-4.
166		-	25 (e) (Blank).
167		-	26 (f) (Blank).
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178		-	1 (g) The Department shall establish rules and regulations
179		-	2 concerning its operation of programs designed to meet the
180		-	3 goals of child safety and protection, family preservation,
181		-	4 family reunification, and adoption, including, but not limited
182		-	5 to:
183		-	6 (1) adoption;
184		-	7 (2) foster care;
185		-	8 (3) family counseling;
186		-	9 (4) protective services;
187		-	10 (5) (blank);
188		-	11 (6) homemaker service;
189		-	12 (7) return of runaway children;
190		-	13 (8) (blank);
191		-	14 (9) placement under Section 5-7 of the Juvenile Court
192		-	15 Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
193		-	16 Court Act of 1987 in accordance with the federal Adoption
194		-	17 Assistance and Child Welfare Act of 1980; and
195		-	18 (10) interstate services.
196		-	19 Rules and regulations established by the Department shall
197		-	20 include provisions for training Department staff and the staff
198		-	21 of Department grantees, through contracts with other agencies
199		-	22 or resources, in screening techniques to identify substance
200		-	23 use disorders, as defined in the Substance Use Disorder Act,
201		-	24 approved by the Department of Human Services, as a successor
202		-	25 to the Department of Alcoholism and Substance Abuse, for the
203		-	26 purpose of identifying children and adults who should be
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214		-	1 referred for an assessment at an organization appropriately
215		-	2 licensed by the Department of Human Services for substance use
216		-	3 disorder treatment.
217		-	4 (h) If the Department finds that there is no appropriate
218		-	5 program or facility within or available to the Department for
219		-	6 a youth in care and that no licensed private facility has an
220		-	7 adequate and appropriate program or none agrees to accept the
221		-	8 youth in care, the Department shall create an appropriate
222		-	9 individualized, program-oriented plan for such youth in care.
223		-	10 The plan may be developed within the Department or through
224		-	11 purchase of services by the Department to the extent that it is
225		-	12 within its statutory authority to do.
226		-	13 (i) Service programs shall be available throughout the
227		-	14 State and shall include but not be limited to the following
228		-	15 services:
229		-	16 (1) case management;
230		-	17 (2) homemakers;
231		-	18 (3) counseling;
232		-	19 (4) parent education;
233		-	20 (5) day care; and
234		-	21 (6) emergency assistance and advocacy.
235		-	22 In addition, the following services may be made available
236		-	23 to assess and meet the needs of children and families:
237		-	24 (1) comprehensive family-based services;
238		-	25 (2) assessments;
239		-	26 (3) respite care; and
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250		-	1 (4) in-home health services.
251		-	2 The Department shall provide transportation for any of the
252		-	3 services it makes available to children or families or for
253		-	4 which it refers children or families.
254		-	5 (j) The Department may provide categories of financial
255		-	6 assistance and education assistance grants, and shall
256		-	7 establish rules and regulations concerning the assistance and
257		-	8 grants, to persons who adopt children with physical or mental
258		-	9 disabilities, children who are older, or other hard-to-place
259		-	10 children who (i) immediately prior to their adoption were
260		-	11 youth in care or (ii) were determined eligible for financial
261		-	12 assistance with respect to a prior adoption and who become
262		-	13 available for adoption because the prior adoption has been
263		-	14 dissolved and the parental rights of the adoptive parents have
264		-	15 been terminated or because the child's adoptive parents have
265		-	16 died. The Department may continue to provide financial
266		-	17 assistance and education assistance grants for a child who was
267		-	18 determined eligible for financial assistance under this
268		-	19 subsection (j) in the interim period beginning when the
269		-	20 child's adoptive parents died and ending with the finalization
270		-	21 of the new adoption of the child by another adoptive parent or
271		-	22 parents. The Department may also provide categories of
272		-	23 financial assistance and education assistance grants, and
273		-	24 shall establish rules and regulations for the assistance and
274		-	25 grants, to persons appointed guardian of the person under
275		-	26 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
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286		-	1 4-25, or 5-740 of the Juvenile Court Act of 1987 for children
287		-	2 who were youth in care for 12 months immediately prior to the
288		-	3 appointment of the guardian.
289		-	4 The amount of assistance may vary, depending upon the
290		-	5 needs of the child and the adoptive parents, as set forth in
291		-	6 the annual assistance agreement. Special purpose grants are
292		-	7 allowed where the child requires special service but such
293		-	8 costs may not exceed the amounts which similar services would
294		-	9 cost the Department if it were to provide or secure them as
295		-	10 guardian of the child.
296		-	11 Any financial assistance provided under this subsection is
297		-	12 inalienable by assignment, sale, execution, attachment,
298		-	13 garnishment, or any other remedy for recovery or collection of
299		-	14 a judgment or debt.
300		-	15 (j-5) The Department shall not deny or delay the placement
301		-	16 of a child for adoption if an approved family is available
302		-	17 either outside of the Department region handling the case, or
303		-	18 outside of the State of Illinois.
304		-	19 (k) The Department shall accept for care and training any
305		-	20 child who has been adjudicated neglected or abused, or
306		-	21 dependent committed to it pursuant to the Juvenile Court Act
307		-	22 or the Juvenile Court Act of 1987.
308		-	23 (l) The Department shall offer family preservation
309		-	24 services, as defined in Section 8.2 of the Abused and
310		-	25 Neglected Child Reporting Act, to help families, including
311		-	26 adoptive and extended families. Family preservation services
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322		-	1 shall be offered (i) to prevent the placement of children in
323		-	2 substitute care when the children can be cared for at home or
324		-	3 in the custody of the person responsible for the children's
325		-	4 welfare, (ii) to reunite children with their families, or
326		-	5 (iii) to maintain an adoptive placement. Family preservation
327		-	6 services shall only be offered when doing so will not endanger
328		-	7 the children's health or safety. With respect to children who
329		-	8 are in substitute care pursuant to the Juvenile Court Act of
330		-	9 1987, family preservation services shall not be offered if a
331		-	10 goal other than those of subdivisions (A), (B), or (B-1) of
332		-	11 subsection (2) of Section 2-28 of that Act has been set, except
333		-	12 that reunification services may be offered as provided in
334		-	13 paragraph (F) of subsection (2) of Section 2-28 of that Act.
335		-	14 Nothing in this paragraph shall be construed to create a
336		-	15 private right of action or claim on the part of any individual
337		-	16 or child welfare agency, except that when a child is the
338		-	17 subject of an action under Article II of the Juvenile Court Act
339		-	18 of 1987 and the child's service plan calls for services to
340		-	19 facilitate achievement of the permanency goal, the court
341		-	20 hearing the action under Article II of the Juvenile Court Act
342		-	21 of 1987 may order the Department to provide the services set
343		-	22 out in the plan, if those services are not provided with
344		-	23 reasonable promptness and if those services are available.
345		-	24 The Department shall notify the child and the child's
346		-	25 family of the Department's responsibility to offer and provide
347		-	26 family preservation services as identified in the service
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358		-	1 plan. The child and the child's family shall be eligible for
359		-	2 services as soon as the report is determined to be
360		-	3 "indicated". The Department may offer services to any child or
361		-	4 family with respect to whom a report of suspected child abuse
362		-	5 or neglect has been filed, prior to concluding its
363		-	6 investigation under Section 7.12 of the Abused and Neglected
364		-	7 Child Reporting Act. However, the child's or family's
365		-	8 willingness to accept services shall not be considered in the
366		-	9 investigation. The Department may also provide services to any
367		-	10 child or family who is the subject of any report of suspected
368		-	11 child abuse or neglect or may refer such child or family to
369		-	12 services available from other agencies in the community, even
370		-	13 if the report is determined to be unfounded, if the conditions
371		-	14 in the child's or family's home are reasonably likely to
372		-	15 subject the child or family to future reports of suspected
373		-	16 child abuse or neglect. Acceptance of such services shall be
374		-	17 voluntary. The Department may also provide services to any
375		-	18 child or family after completion of a family assessment, as an
376		-	19 alternative to an investigation, as provided under the
377		-	20 "differential response program" provided for in subsection
378		-	21 (a-5) of Section 7.4 of the Abused and Neglected Child
379		-	22 Reporting Act.
380		-	23 The Department may, at its discretion except for those
381		-	24 children also adjudicated neglected or dependent, accept for
382		-	25 care and training any child who has been adjudicated addicted,
383		-	26 as a truant minor in need of supervision or as a minor
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394		-	1 requiring authoritative intervention, under the Juvenile Court
395		-	2 Act or the Juvenile Court Act of 1987, but no such child shall
396		-	3 be committed to the Department by any court without the
397		-	4 approval of the Department. On and after January 1, 2015 (the
398		-	5 effective date of Public Act 98-803) and before January 1,
399		-	6 2017, a minor charged with a criminal offense under the
400		-	7 Criminal Code of 1961 or the Criminal Code of 2012 or
401		-	8 adjudicated delinquent shall not be placed in the custody of
402		-	9 or committed to the Department by any court, except (i) a minor
403		-	10 less than 16 years of age committed to the Department under
404		-	11 Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
405		-	12 for whom an independent basis of abuse, neglect, or dependency
406		-	13 exists, which must be defined by departmental rule, or (iii) a
407		-	14 minor for whom the court has granted a supplemental petition
408		-	15 to reinstate wardship pursuant to subsection (2) of Section
409		-	16 2-33 of the Juvenile Court Act of 1987. On and after January 1,
410		-	17 2017, a minor charged with a criminal offense under the
411		-	18 Criminal Code of 1961 or the Criminal Code of 2012 or
412		-	19 adjudicated delinquent shall not be placed in the custody of
413		-	20 or committed to the Department by any court, except (i) a minor
414		-	21 less than 15 years of age committed to the Department under
415		-	22 Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
416		-	23 for whom an independent basis of abuse, neglect, or dependency
417		-	24 exists, which must be defined by departmental rule, or (iii) a
418		-	25 minor for whom the court has granted a supplemental petition
419		-	26 to reinstate wardship pursuant to subsection (2) of Section
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430		-	1 2-33 of the Juvenile Court Act of 1987. An independent basis
431		-	2 exists when the allegations or adjudication of abuse, neglect,
432		-	3 or dependency do not arise from the same facts, incident, or
433		-	4 circumstances which give rise to a charge or adjudication of
434		-	5 delinquency. The Department shall assign a caseworker to
435		-	6 attend any hearing involving a youth in the care and custody of
436		-	7 the Department who is placed on aftercare release, including
437		-	8 hearings involving sanctions for violation of aftercare
438		-	9 release conditions and aftercare release revocation hearings.
439		-	10 As soon as is possible after August 7, 2009 (the effective
440		-	11 date of Public Act 96-134), the Department shall develop and
441		-	12 implement a special program of family preservation services to
442		-	13 support intact, foster, and adoptive families who are
443		-	14 experiencing extreme hardships due to the difficulty and
444		-	15 stress of caring for a child who has been diagnosed with a
445		-	16 pervasive developmental disorder if the Department determines
446		-	17 that those services are necessary to ensure the health and
447		-	18 safety of the child. The Department may offer services to any
448		-	19 family whether or not a report has been filed under the Abused
449		-	20 and Neglected Child Reporting Act. The Department may refer
450		-	21 the child or family to services available from other agencies
451		-	22 in the community if the conditions in the child's or family's
452		-	23 home are reasonably likely to subject the child or family to
453		-	24 future reports of suspected child abuse or neglect. Acceptance
454		-	25 of these services shall be voluntary. The Department shall
455		-	26 develop and implement a public information campaign to alert
456		-
457		-
458		-
459		-
460		-
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462		-
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466		-	1 health and social service providers and the general public
467		-	2 about these special family preservation services. The nature
468		-	3 and scope of the services offered and the number of families
469		-	4 served under the special program implemented under this
470		-	5 paragraph shall be determined by the level of funding that the
471		-	6 Department annually allocates for this purpose. The term
472		-	7 "pervasive developmental disorder" under this paragraph means
473		-	8 a neurological condition, including, but not limited to,
474		-	9 Asperger's Syndrome and autism, as defined in the most recent
475		-	10 edition of the Diagnostic and Statistical Manual of Mental
476		-	11 Disorders of the American Psychiatric Association.
477		-	12 (l-1) The General Assembly recognizes that the best
478		-	13 interests of the child require that the child be placed in the
479		-	14 most permanent living arrangement as soon as is practically
480		-	15 possible. To achieve this goal, the General Assembly directs
481		-	16 the Department of Children and Family Services to conduct
482		-	17 concurrent planning so that permanency may occur at the
483		-	18 earliest opportunity. Permanent living arrangements may
484		-	19 include prevention of placement of a child outside the home of
485		-	20 the family when the child can be cared for at home without
486		-	21 endangering the child's health or safety; reunification with
487		-	22 the family, when safe and appropriate, if temporary placement
488		-	23 is necessary; or movement of the child toward the most
489		-	24 permanent living arrangement and permanent legal status.
490		-	25 When determining reasonable efforts to be made with
491		-	26 respect to a child, as described in this subsection, and in
492		-
493		-
494		-
495		-
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498		-
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502		-	1 making such reasonable efforts, the child's health and safety
503		-	2 shall be the paramount concern.
504		-	3 When a child is placed in foster care, the Department
505		-	4 shall ensure and document that reasonable efforts were made to
506		-	5 prevent or eliminate the need to remove the child from the
507		-	6 child's home. The Department must make reasonable efforts to
508		-	7 reunify the family when temporary placement of the child
509		-	8 occurs unless otherwise required, pursuant to the Juvenile
510		-	9 Court Act of 1987. At any time after the dispositional hearing
511		-	10 where the Department believes that further reunification
512		-	11 services would be ineffective, it may request a finding from
513		-	12 the court that reasonable efforts are no longer appropriate.
514		-	13 The Department is not required to provide further
515		-	14 reunification services after such a finding.
516		-	15 A decision to place a child in substitute care shall be
517		-	16 made with considerations of the child's health, safety, and
518		-	17 best interests. At the time of placement, consideration should
519		-	18 also be given so that if reunification fails or is delayed, the
520		-	19 placement made is the best available placement to provide
521		-	20 permanency for the child.
522		-	21 The Department shall adopt rules addressing concurrent
523		-	22 planning for reunification and permanency. The Department
524		-	23 shall consider the following factors when determining
525		-	24 appropriateness of concurrent planning:
526		-	25 (1) the likelihood of prompt reunification;
527		-	26 (2) the past history of the family;
528		-
529		-
530		-
531		-
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538		-	1 (3) the barriers to reunification being addressed by
539		-	2 the family;
540		-	3 (4) the level of cooperation of the family;
541		-	4 (5) the foster parents' willingness to work with the
542		-	5 family to reunite;
543		-	6 (6) the willingness and ability of the foster family
544		-	7 to provide an adoptive home or long-term placement;
545		-	8 (7) the age of the child;
546		-	9 (8) placement of siblings.
547		-	10 (m) The Department may assume temporary custody of any
548		-	11 child if:
549		-	12 (1) it has received a written consent to such
550		-	13 temporary custody signed by the parents of the child or by
551		-	14 the parent having custody of the child if the parents are
552		-	15 not living together or by the guardian or custodian of the
553		-	16 child if the child is not in the custody of either parent,
554		-	17 or
555		-	18 (2) the child is found in the State and neither a
556		-	19 parent, guardian nor custodian of the child can be
557		-	20 located.
558		-	21 If the child is found in the child's residence without a
559		-	22 parent, guardian, custodian, or responsible caretaker, the
560		-	23 Department may, instead of removing the child and assuming
561		-	24 temporary custody, place an authorized representative of the
562		-	25 Department in that residence until such time as a parent,
563		-	26 guardian, or custodian enters the home and expresses a
564		-
565		-
566		-
567		-
568		-
569		-	HB0871 Engrossed - 16 - LRB104 04769 SPS 14796 b
570		-
571		-
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574		-	1 willingness and apparent ability to ensure the child's health
575		-	2 and safety and resume permanent charge of the child, or until a
576		-	3 relative enters the home and is willing and able to ensure the
577		-	4 child's health and safety and assume charge of the child until
578		-	5 a parent, guardian, or custodian enters the home and expresses
579		-	6 such willingness and ability to ensure the child's safety and
580		-	7 resume permanent charge. After a caretaker has remained in the
581		-	8 home for a period not to exceed 12 hours, the Department must
582		-	9 follow those procedures outlined in Section 2-9, 3-11, 4-8, or
583		-	10 5-415 of the Juvenile Court Act of 1987.
584		-	11 The Department shall have the authority, responsibilities
585		-	12 and duties that a legal custodian of the child would have
586		-	13 pursuant to subsection (9) of Section 1-3 of the Juvenile
587		-	14 Court Act of 1987. Whenever a child is taken into temporary
588		-	15 custody pursuant to an investigation under the Abused and
589		-	16 Neglected Child Reporting Act, or pursuant to a referral and
590		-	17 acceptance under the Juvenile Court Act of 1987 of a minor in
591		-	18 limited custody, the Department, during the period of
592		-	19 temporary custody and before the child is brought before a
593		-	20 judicial officer as required by Section 2-9, 3-11, 4-8, or
594		-	21 5-415 of the Juvenile Court Act of 1987, shall have the
595		-	22 authority, responsibilities and duties that a legal custodian
596		-	23 of the child would have under subsection (9) of Section 1-3 of
597		-	24 the Juvenile Court Act of 1987.
598		-	25 The Department shall ensure that any child taken into
599		-	26 custody is scheduled for an appointment for a medical
600		-
601		-
602		-
603		-
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606		-
607		-
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610		-	1 examination.
611		-	2 A parent, guardian, or custodian of a child in the
612		-	3 temporary custody of the Department who would have custody of
613		-	4 the child if the child were not in the temporary custody of the
614		-	5 Department may deliver to the Department a signed request that
615		-	6 the Department surrender the temporary custody of the child.
616		-	7 The Department may retain temporary custody of the child for
617		-	8 10 days after the receipt of the request, during which period
618		-	9 the Department may cause to be filed a petition pursuant to the
619		-	10 Juvenile Court Act of 1987. If a petition is so filed, the
620		-	11 Department shall retain temporary custody of the child until
621		-	12 the court orders otherwise. If a petition is not filed within
622		-	13 the 10-day period, the child shall be surrendered to the
623		-	14 custody of the requesting parent, guardian, or custodian not
624		-	15 later than the expiration of the 10-day period, at which time
625		-	16 the authority and duties of the Department with respect to the
626		-	17 temporary custody of the child shall terminate.
627		-	18 (m-1) The Department may place children under 18 years of
628		-	19 age in a secure child care facility licensed by the Department
629		-	20 that cares for children who are in need of secure living
630		-	21 arrangements for their health, safety, and well-being after a
631		-	22 determination is made by the facility director and the
632		-	23 Director or the Director's designate prior to admission to the
633		-	24 facility subject to Section 2-27.1 of the Juvenile Court Act
634		-	25 of 1987. This subsection (m-1) does not apply to a child who is
635		-	26 subject to placement in a correctional facility operated
636		-
637		-
638		-
639		-
640		-
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642		-
643		-
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645		-	HB0871 Engrossed - 19 - LRB104 04769 SPS 14796 b
646		-	1 pursuant to Section 3-15-2 of the Unified Code of Corrections,
647		-	2 unless the child is a youth in care who was placed in the care
648		-	3 of the Department before being subject to placement in a
649		-	4 correctional facility and a court of competent jurisdiction
650		-	5 has ordered placement of the child in a secure care facility.
651		-	6 (n) The Department may place children under 18 years of
652		-	7 age in licensed child care facilities when in the opinion of
653		-	8 the Department, appropriate services aimed at family
654		-	9 preservation have been unsuccessful and cannot ensure the
655		-	10 child's health and safety or are unavailable and such
656		-	11 placement would be for their best interest. Payment for board,
657		-	12 clothing, care, training and supervision of any child placed
658		-	13 in a licensed child care facility may be made by the
659		-	14 Department, by the parents or guardians of the estates of
660		-	15 those children, or by both the Department and the parents or
661		-	16 guardians, except that no payments shall be made by the
662		-	17 Department for any child placed in a licensed child care
663		-	18 facility for board, clothing, care, training, and supervision
664		-	19 of such a child that exceed the average per capita cost of
665		-	20 maintaining and of caring for a child in institutions for
666		-	21 dependent or neglected children operated by the Department.
667		-	22 However, such restriction on payments does not apply in cases
668		-	23 where children require specialized care and treatment for
669		-	24 problems of severe emotional disturbance, physical disability,
670		-	25 social adjustment, or any combination thereof and suitable
671		-	26 facilities for the placement of such children are not
672		-
673		-
674		-
675		-
676		-
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678		-
679		-
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682		-	1 available at payment rates within the limitations set forth in
683		-	2 this Section. All reimbursements for services delivered shall
684		-	3 be absolutely inalienable by assignment, sale, attachment, or
685		-	4 garnishment or otherwise.
686		-	5 (n-1) The Department shall provide or authorize child
687		-	6 welfare services, aimed at assisting minors to achieve
688		-	7 sustainable self-sufficiency as independent adults, for any
689		-	8 minor eligible for the reinstatement of wardship pursuant to
690		-	9 subsection (2) of Section 2-33 of the Juvenile Court Act of
691		-	10 1987, whether or not such reinstatement is sought or allowed,
692		-	11 provided that the minor consents to such services and has not
693		-	12 yet attained the age of 21. The Department shall have
694		-	13 responsibility for the development and delivery of services
695		-	14 under this Section. An eligible youth may access services
696		-	15 under this Section through the Department of Children and
697		-	16 Family Services or by referral from the Department of Human
698		-	17 Services. Youth participating in services under this Section
699		-	18 shall cooperate with the assigned case manager in developing
700		-	19 an agreement identifying the services to be provided and how
701		-	20 the youth will increase skills to achieve self-sufficiency. A
702		-	21 homeless shelter is not considered appropriate housing for any
703		-	22 youth receiving child welfare services under this Section. The
704		-	23 Department shall continue child welfare services under this
705		-	24 Section to any eligible minor until the minor becomes 21 years
706		-	25 of age, no longer consents to participate, or achieves
707		-	26 self-sufficiency as identified in the minor's service plan.
708		-
709		-
710		-
711		-
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714		-
715		-
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717		-	HB0871 Engrossed - 21 - LRB104 04769 SPS 14796 b
718		-	1 The Department of Children and Family Services shall create
719		-	2 clear, readable notice of the rights of former foster youth to
720		-	3 child welfare services under this Section and how such
721		-	4 services may be obtained. The Department of Children and
722		-	5 Family Services and the Department of Human Services shall
723		-	6 disseminate this information statewide. The Department shall
724		-	7 adopt regulations describing services intended to assist
725		-	8 minors in achieving sustainable self-sufficiency as
726		-	9 independent adults.
727		-	10 (o) The Department shall establish an administrative
728		-	11 review and appeal process for children and families who
729		-	12 request or receive child welfare services from the Department.
730		-	13 Youth in care who are placed by private child welfare
731		-	14 agencies, and foster families with whom those youth are
732		-	15 placed, shall be afforded the same procedural and appeal
733		-	16 rights as children and families in the case of placement by the
734		-	17 Department, including the right to an initial review of a
735		-	18 private agency decision by that agency. The Department shall
736		-	19 ensure that any private child welfare agency, which accepts
737		-	20 youth in care for placement, affords those rights to children
738		-	21 and foster families. The Department shall accept for
739		-	22 administrative review and an appeal hearing a complaint made
740		-	23 by (i) a child or foster family concerning a decision
741		-	24 following an initial review by a private child welfare agency
742		-	25 or (ii) a prospective adoptive parent who alleges a violation
743		-	26 of subsection (j-5) of this Section. An appeal of a decision
744		-
745		-
746		-
747		-
748		-
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750		-
751		-
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754		-	1 concerning a change in the placement of a child shall be
755		-	2 conducted in an expedited manner. A court determination that a
756		-	3 current foster home placement is necessary and appropriate
757		-	4 under Section 2-28 of the Juvenile Court Act of 1987 does not
758		-	5 constitute a judicial determination on the merits of an
759		-	6 administrative appeal, filed by a former foster parent,
760		-	7 involving a change of placement decision.
761		-	8 (p) (Blank).
762		-	9 (q) The Department may receive and use, in their entirety,
763		-	10 for the benefit of children any gift, donation, or bequest of
764		-	11 money or other property which is received on behalf of such
765		-	12 children, or any financial benefits to which such children are
766		-	13 or may become entitled while under the jurisdiction or care of
767		-	14 the Department, except that the benefits described in Section
768		-	15 5.46 must be used and conserved consistent with the provisions
769		-	16 under Section 5.46.
770		-	17 The Department shall set up and administer no-cost,
771		-	18 interest-bearing accounts in appropriate financial
772		-	19 institutions for children for whom the Department is legally
773		-	20 responsible and who have been determined eligible for
774		-	21 Veterans' Benefits, Social Security benefits, assistance
775		-	22 allotments from the armed forces, court ordered payments,
776		-	23 parental voluntary payments, Supplemental Security Income,
777		-	24 Railroad Retirement payments, Black Lung benefits, or other
778		-	25 miscellaneous payments. Interest earned by each account shall
779		-	26 be credited to the account, unless disbursed in accordance
780		-
781		-
782		-
783		-
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786		-
787		-
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790		-	1 with this subsection.
791		-	2 In disbursing funds from children's accounts, the
792		-	3 Department shall:
793		-	4 (1) Establish standards in accordance with State and
794		-	5 federal laws for disbursing money from children's
795		-	6 accounts. In all circumstances, the Department's
796		-	7 Guardianship Administrator or the Guardianship
797		-	8 Administrator's designee must approve disbursements from
798		-	9 children's accounts. The Department shall be responsible
799		-	10 for keeping complete records of all disbursements for each
800		-	11 account for any purpose.
801		-	12 (2) Calculate on a monthly basis the amounts paid from
802		-	13 State funds for the child's board and care, medical care
803		-	14 not covered under Medicaid, and social services; and
804		-	15 utilize funds from the child's account, as covered by
805		-	16 regulation, to reimburse those costs. Monthly,
806		-	17 disbursements from all children's accounts, up to 1/12 of
807		-	18 $13,000,000, shall be deposited by the Department into the
808		-	19 General Revenue Fund and the balance over 1/12 of
809		-	20 $13,000,000 into the DCFS Children's Services Fund.
810		-	21 (3) Maintain any balance remaining after reimbursing
811		-	22 for the child's costs of care, as specified in item (2).
812		-	23 The balance shall accumulate in accordance with relevant
813		-	24 State and federal laws and shall be disbursed to the child
814		-	25 or the child's guardian or to the issuing agency.
815		-	26 (r) The Department shall promulgate regulations
816		-
817		-
818		-
819		-
820		-
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822		-
823		-
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826		-	1 encouraging all adoption agencies to voluntarily forward to
827		-	2 the Department or its agent names and addresses of all persons
828		-	3 who have applied for and have been approved for adoption of a
829		-	4 hard-to-place child or child with a disability and the names
830		-	5 of such children who have not been placed for adoption. A list
831		-	6 of such names and addresses shall be maintained by the
832		-	7 Department or its agent, and coded lists which maintain the
833		-	8 confidentiality of the person seeking to adopt the child and
834		-	9 of the child shall be made available, without charge, to every
835		-	10 adoption agency in the State to assist the agencies in placing
836		-	11 such children for adoption. The Department may delegate to an
837		-	12 agent its duty to maintain and make available such lists. The
838		-	13 Department shall ensure that such agent maintains the
839		-	14 confidentiality of the person seeking to adopt the child and
840		-	15 of the child.
841		-	16 (s) The Department of Children and Family Services may
842		-	17 establish and implement a program to reimburse Department and
843		-	18 private child welfare agency foster parents licensed by the
844		-	19 Department of Children and Family Services for damages
845		-	20 sustained by the foster parents as a result of the malicious or
846		-	21 negligent acts of foster children, as well as providing third
847		-	22 party coverage for such foster parents with regard to actions
848		-	23 of foster children to other individuals. Such coverage will be
849		-	24 secondary to the foster parent liability insurance policy, if
850		-	25 applicable. The program shall be funded through appropriations
851		-	26 from the General Revenue Fund, specifically designated for
852		-
853		-
854		-
855		-
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862		-	1 such purposes.
863		-	2 (t) The Department shall perform home studies and
864		-	3 investigations and shall exercise supervision over visitation
865		-	4 as ordered by a court pursuant to the Illinois Marriage and
866		-	5 Dissolution of Marriage Act or the Adoption Act only if:
867		-	6 (1) an order entered by an Illinois court specifically
868		-	7 directs the Department to perform such services; and
869		-	8 (2) the court has ordered one or both of the parties to
870		-	9 the proceeding to reimburse the Department for its
871		-	10 reasonable costs for providing such services in accordance
872		-	11 with Department rules, or has determined that neither
873		-	12 party is financially able to pay.
874		-	13 The Department shall provide written notification to the
875		-	14 court of the specific arrangements for supervised visitation
876		-	15 and projected monthly costs within 60 days of the court order.
877		-	16 The Department shall send to the court information related to
878		-	17 the costs incurred except in cases where the court has
879		-	18 determined the parties are financially unable to pay. The
880		-	19 court may order additional periodic reports as appropriate.
881		-	20 (u) In addition to other information that must be
882		-	21 provided, whenever the Department places a child with a
883		-	22 prospective adoptive parent or parents, in a licensed foster
884		-	23 home, group home, or child care institution, or in a relative
885		-	24 home, the Department shall provide to the prospective adoptive
886		-	25 parent or parents or other caretaker:
887		-	26 (1) available detailed information concerning the
888		-
889		-
890		-
891		-
892		-
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894		-
895		-
896		-	HB0871 Engrossed- 26 -LRB104 04769 SPS 14796 b HB0871 Engrossed - 26 - LRB104 04769 SPS 14796 b
897		-	HB0871 Engrossed - 26 - LRB104 04769 SPS 14796 b
898		-	1 child's educational and health history, copies of
899		-	2 immunization records (including insurance and medical card
900		-	3 information), a history of the child's previous
901		-	4 placements, if any, and reasons for placement changes
902		-	5 excluding any information that identifies or reveals the
903		-	6 location of any previous caretaker;
904		-	7 (2) a copy of the child's portion of the client
905		-	8 service plan, including any visitation arrangement, and
906		-	9 all amendments or revisions to it as related to the child;
907		-	10 and
908		-	11 (3) information containing details of the child's
909		-	12 individualized educational plan when the child is
910		-	13 receiving special education services.
911		-	14 The caretaker shall be informed of any known social or
912		-	15 behavioral information (including, but not limited to,
913		-	16 criminal background, fire setting, perpetuation of sexual
914		-	17 abuse, destructive behavior, and substance abuse) necessary to
915		-	18 care for and safeguard the children to be placed or currently
916		-	19 in the home. The Department may prepare a written summary of
917		-	20 the information required by this paragraph, which may be
918		-	21 provided to the foster or prospective adoptive parent in
919		-	22 advance of a placement. The foster or prospective adoptive
920		-	23 parent may review the supporting documents in the child's file
921		-	24 in the presence of casework staff. In the case of an emergency
922		-	25 placement, casework staff shall at least provide known
923		-	26 information verbally, if necessary, and must subsequently
924		-
925		-
926		-
927		-
928		-
929		-	HB0871 Engrossed - 26 - LRB104 04769 SPS 14796 b
930		-
931		-
932		-	HB0871 Engrossed- 27 -LRB104 04769 SPS 14796 b HB0871 Engrossed - 27 - LRB104 04769 SPS 14796 b
933		-	HB0871 Engrossed - 27 - LRB104 04769 SPS 14796 b
934		-	1 provide the information in writing as required by this
935		-	2 subsection.
936		-	3 The information described in this subsection shall be
937		-	4 provided in writing. In the case of emergency placements when
938		-	5 time does not allow prior review, preparation, and collection
939		-	6 of written information, the Department shall provide such
940		-	7 information as it becomes available. Within 10 business days
941		-	8 after placement, the Department shall obtain from the
942		-	9 prospective adoptive parent or parents or other caretaker a
943		-	10 signed verification of receipt of the information provided.
944		-	11 Within 10 business days after placement, the Department shall
945		-	12 provide to the child's guardian ad litem a copy of the
946		-	13 information provided to the prospective adoptive parent or
947		-	14 parents or other caretaker. The information provided to the
948		-	15 prospective adoptive parent or parents or other caretaker
949		-	16 shall be reviewed and approved regarding accuracy at the
950		-	17 supervisory level.
951		-	18 (u-5) Effective July 1, 1995, only foster care placements
952		-	19 licensed as foster family homes pursuant to the Child Care Act
953		-	20 of 1969 shall be eligible to receive foster care payments from
954		-	21 the Department. Relative caregivers who, as of July 1, 1995,
955		-	22 were approved pursuant to approved relative placement rules
956		-	23 previously promulgated by the Department at 89 Ill. Adm. Code
957		-	24 335 and had submitted an application for licensure as a foster
958		-	25 family home may continue to receive foster care payments only
959		-	26 until the Department determines that they may be licensed as a
960		-
961		-
962		-
963		-
964		-
965		-	HB0871 Engrossed - 27 - LRB104 04769 SPS 14796 b
966		-
967		-
968		-	HB0871 Engrossed- 28 -LRB104 04769 SPS 14796 b HB0871 Engrossed - 28 - LRB104 04769 SPS 14796 b
969		-	HB0871 Engrossed - 28 - LRB104 04769 SPS 14796 b
970		-	1 foster family home or that their application for licensure is
971		-	2 denied or until September 30, 1995, whichever occurs first.
972		-	3 (v) The Department shall access criminal history record
973		-	4 information as defined in the Illinois Uniform Conviction
974		-	5 Information Act and information maintained in the adjudicatory
975		-	6 and dispositional record system as defined in Section 2605-355
976		-	7 of the Illinois State Police Law if the Department determines
977		-	8 the information is necessary to perform its duties under the
978		-	9 Abused and Neglected Child Reporting Act, the Child Care Act
979		-	10 of 1969, and the Children and Family Services Act. The
980		-	11 Department shall provide for interactive computerized
981		-	12 communication and processing equipment that permits direct
982		-	13 on-line communication with the Illinois State Police's central
983		-	14 criminal history data repository. The Department shall comply
984		-	15 with all certification requirements and provide certified
985		-	16 operators who have been trained by personnel from the Illinois
986		-	17 State Police. In addition, one Office of the Inspector General
987		-	18 investigator shall have training in the use of the criminal
988		-	19 history information access system and have access to the
989		-	20 terminal. The Department of Children and Family Services and
990		-	21 its employees shall abide by rules and regulations established
991		-	22 by the Illinois State Police relating to the access and
992		-	23 dissemination of this information.
993		-	24 (v-1) Prior to final approval for placement of a child,
994		-	25 the Department shall conduct a criminal records background
995		-	26 check of the prospective foster or adoptive parent, including
996		-
997		-
998		-
999		-
1000		-
1001		-	HB0871 Engrossed - 28 - LRB104 04769 SPS 14796 b
1002		-
1003		-
1004		-	HB0871 Engrossed- 29 -LRB104 04769 SPS 14796 b HB0871 Engrossed - 29 - LRB104 04769 SPS 14796 b
1005		-	HB0871 Engrossed - 29 - LRB104 04769 SPS 14796 b
1006		-	1 fingerprint-based checks of national crime information
1007		-	2 databases. Final approval for placement shall not be granted
1008		-	3 if the record check reveals a felony conviction for child
1009		-	4 abuse or neglect, for spousal abuse, for a crime against
1010		-	5 children, or for a crime involving violence, including human
1011		-	6 trafficking, sex trafficking, rape, sexual assault, or
1012		-	7 homicide, but not including other physical assault or battery,
1013		-	8 or if there is a felony conviction for physical assault,
1014		-	9 battery, or a drug-related offense committed within the past 5
1015		-	10 years.
1016		-	11 (v-2) Prior to final approval for placement of a child,
1017		-	12 the Department shall check its child abuse and neglect
1018		-	13 registry for information concerning prospective foster and
1019		-	14 adoptive parents, and any adult living in the home. If any
1020		-	15 prospective foster or adoptive parent or other adult living in
1021		-	16 the home has resided in another state in the preceding 5 years,
1022		-	17 the Department shall request a check of that other state's
1023		-	18 child abuse and neglect registry.
1024		-	19 (w) Within 120 days of August 20, 1995 (the effective date
1025		-	20 of Public Act 89-392), the Department shall prepare and submit
1026		-	21 to the Governor and the General Assembly, a written plan for
1027		-	22 the development of in-state licensed secure child care
1028		-	23 facilities that care for children who are in need of secure
1029		-	24 living arrangements for their health, safety, and well-being.
1030		-	25 For purposes of this subsection, secure care facility shall
1031		-	26 mean a facility that is designed and operated to ensure that
1032		-
1033		-
1034		-
1035		-
1036		-
1037		-	HB0871 Engrossed - 29 - LRB104 04769 SPS 14796 b
1038		-
1039		-
1040		-	HB0871 Engrossed- 30 -LRB104 04769 SPS 14796 b HB0871 Engrossed - 30 - LRB104 04769 SPS 14796 b
1041		-	HB0871 Engrossed - 30 - LRB104 04769 SPS 14796 b
1042		-	1 all entrances and exits from the facility, a building or a
1043		-	2 distinct part of the building, are under the exclusive control
1044		-	3 of the staff of the facility, whether or not the child has the
1045		-	4 freedom of movement within the perimeter of the facility,
1046		-	5 building, or distinct part of the building. The plan shall
1047		-	6 include descriptions of the types of facilities that are
1048		-	7 needed in Illinois; the cost of developing these secure care
1049		-	8 facilities; the estimated number of placements; the potential
1050		-	9 cost savings resulting from the movement of children currently
1051		-	10 out-of-state who are projected to be returned to Illinois; the
1052		-	11 necessary geographic distribution of these facilities in
1053		-	12 Illinois; and a proposed timetable for development of such
1054		-	13 facilities.
1055		-	14 (x) The Department shall conduct annual credit history
1056		-	15 checks to determine the financial history of children placed
1057		-	16 under its guardianship pursuant to the Juvenile Court Act of
1058		-	17 1987. The Department shall conduct such credit checks starting
1059		-	18 when a youth in care turns 12 years old and each year
1060		-	19 thereafter for the duration of the guardianship as terminated
1061		-	20 pursuant to the Juvenile Court Act of 1987. The Department
1062		-	21 shall determine if financial exploitation of the child's
1063		-	22 personal information has occurred. If financial exploitation
1064		-	23 appears to have taken place or is presently ongoing, the
1065		-	24 Department shall notify the proper law enforcement agency, the
1066		-	25 proper State's Attorney, or the Attorney General.
1067		-	26 (y) Beginning on July 22, 2010 (the effective date of
1068		-
1069		-
1070		-
1071		-
1072		-
1073		-	HB0871 Engrossed - 30 - LRB104 04769 SPS 14796 b
1074		-
1075		-
1076		-	HB0871 Engrossed- 31 -LRB104 04769 SPS 14796 b HB0871 Engrossed - 31 - LRB104 04769 SPS 14796 b
1077		-	HB0871 Engrossed - 31 - LRB104 04769 SPS 14796 b
1078		-	1 Public Act 96-1189), a child with a disability who receives
1079		-	2 residential and educational services from the Department shall
1080		-	3 be eligible to receive transition services in accordance with
1081		-	4 Article 14 of the School Code from the age of 14.5 through age
1082		-	5 21, inclusive, notwithstanding the child's residential
1083		-	6 services arrangement. For purposes of this subsection, "child
1084		-	7 with a disability" means a child with a disability as defined
1085		-	8 by the federal Individuals with Disabilities Education
1086		-	9 Improvement Act of 2004.
1087		-	10 (z) The Department shall access criminal history record
1088		-	11 information as defined as "background information" in this
1089		-	12 subsection and criminal history record information as defined
1090		-	13 in the Illinois Uniform Conviction Information Act for each
1091		-	14 Department employee or Department applicant. Each Department
1092		-	15 employee or Department applicant shall submit the employee's
1093		-	16 or applicant's fingerprints to the Illinois State Police in
1094		-	17 the form and manner prescribed by the Illinois State Police.
1095		-	18 These fingerprints shall be checked against the fingerprint
1096		-	19 records now and hereafter filed in the Illinois State Police
1097		-	20 and the Federal Bureau of Investigation criminal history
1098		-	21 records databases. The Illinois State Police shall charge a
1099		-	22 fee for conducting the criminal history record check, which
1100		-	23 shall be deposited into the State Police Services Fund and
1101		-	24 shall not exceed the actual cost of the record check. The
1102		-	25 Illinois State Police shall furnish, pursuant to positive
1103		-	26 identification, all Illinois conviction information to the
1104		-
1105		-
1106		-
1107		-
1108		-
1109		-	HB0871 Engrossed - 31 - LRB104 04769 SPS 14796 b
1110		-
1111		-
1112		-	HB0871 Engrossed- 32 -LRB104 04769 SPS 14796 b HB0871 Engrossed - 32 - LRB104 04769 SPS 14796 b
1113		-	HB0871 Engrossed - 32 - LRB104 04769 SPS 14796 b
1114		-	1 Department of Children and Family Services.
1115		-	2 For purposes of this subsection:
1116		-	3 "Background information" means all of the following:
1117		-	4 (i) Upon the request of the Department of Children and
1118		-	5 Family Services, conviction information obtained from the
1119		-	6 Illinois State Police as a result of a fingerprint-based
1120		-	7 criminal history records check of the Illinois criminal
1121		-	8 history records database and the Federal Bureau of
1122		-	9 Investigation criminal history records database concerning
1123		-	10 a Department employee or Department applicant.
1124		-	11 (ii) Information obtained by the Department of
1125		-	12 Children and Family Services after performing a check of
1126		-	13 the Illinois State Police's Sex Offender Database, as
1127		-	14 authorized by Section 120 of the Sex Offender Community
1128		-	15 Notification Law, concerning a Department employee or
1129		-	16 Department applicant.
1130		-	17 (iii) Information obtained by the Department of
1131		-	18 Children and Family Services after performing a check of
1132		-	19 the Child Abuse and Neglect Tracking System (CANTS)
1133		-	20 operated and maintained by the Department.
1134		-	21 "Department employee" means a full-time or temporary
1135		-	22 employee coded or certified within the State of Illinois
1136		-	23 Personnel System.
1137		-	24 "Department applicant" means an individual who has
1138		-	25 conditional Department full-time or part-time work, a
1139		-	26 contractor, an individual used to replace or supplement staff,
1140		-
1141		-
1142		-
1143		-
1144		-
1145		-	HB0871 Engrossed - 32 - LRB104 04769 SPS 14796 b
1146		-
1147		-
1148		-	HB0871 Engrossed- 33 -LRB104 04769 SPS 14796 b HB0871 Engrossed - 33 - LRB104 04769 SPS 14796 b
1149		-	HB0871 Engrossed - 33 - LRB104 04769 SPS 14796 b
1150		-	1 an academic intern, a volunteer in Department offices or on
1151		-	2 Department contracts, a work-study student, an individual or
1152		-	3 entity licensed by the Department, or an unlicensed service
1153		-	4 provider who works as a condition of a contract or an agreement
1154		-	5 and whose work may bring the unlicensed service provider into
1155		-	6 contact with Department clients or client records.
1156		-	7 (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
1157		-	8 102-1014, eff. 5-27-22; 103-22, eff. 8-8-23; 103-50, eff.
1158		-	9 1-1-24; 103-546, eff. 8-11-23; 103-605, eff. 7-1-24.)
1159		-	10 (Text of Section after amendment by P.A. 103-1061)
1160		-	11 Sec. 5. Direct child welfare services; Department of
1161		-	12 Children and Family Services. To provide direct child welfare
1162		-	13 services when not available through other public or private
1163		-	14 child care or program facilities.
1164		-	15 (a) For purposes of this Section:
1165		-	16 (1) "Children" means persons found within the State
1166		-	17 who are under the age of 18 years. The term also includes
1167		-	18 persons under age 21 who:
1168		-	19 (A) were committed to the Department pursuant to
1169		-	20 the Juvenile Court Act or the Juvenile Court Act of
1170		-	21 1987 and who continue under the jurisdiction of the
1171		-	22 court; or
1172		-	23 (B) were accepted for care, service and training
1173		-	24 by the Department prior to the age of 18 and whose best
1174		-	25 interest in the discretion of the Department would be
1175		-
1176		-
1177		-
1178		-
1179		-
1180		-	HB0871 Engrossed - 33 - LRB104 04769 SPS 14796 b
1181		-
1182		-
1183		-	HB0871 Engrossed- 34 -LRB104 04769 SPS 14796 b HB0871 Engrossed - 34 - LRB104 04769 SPS 14796 b
1184		-	HB0871 Engrossed - 34 - LRB104 04769 SPS 14796 b
1185		-	1 served by continuing that care, service and training
1186		-	2 because of severe emotional disturbances, physical
1187		-	3 disability, social adjustment or any combination
1188		-	4 thereof, or because of the need to complete an
1189		-	5 educational or vocational training program.
1190		-	6 (2) "Homeless youth" means persons found within the
1191		-	7 State who are under the age of 19, are not in a safe and
1192		-	8 stable living situation and cannot be reunited with their
1193		-	9 families.
1194		-	10 (3) "Child welfare services" means public social
1195		-	11 services which are directed toward the accomplishment of
1196		-	12 the following purposes:
1197		-	13 (A) protecting and promoting the health, safety
1198		-	14 and welfare of children, including homeless,
1199		-	15 dependent, or neglected children;
1200		-	16 (B) remedying, or assisting in the solution of
1201		-	17 problems which may result in, the neglect, abuse,
1202		-	18 exploitation, or delinquency of children;
1203		-	19 (C) preventing the unnecessary separation of
1204		-	20 children from their families by identifying family
1205		-	21 problems, assisting families in resolving their
1206		-	22 problems, and preventing the breakup of the family
1207		-	23 where the prevention of child removal is desirable and
1208		-	24 possible when the child can be cared for at home
1209		-	25 without endangering the child's health and safety;
1210		-	26 (D) restoring to their families children who have
1211		-
1212		-
1213		-
1214		-
1215		-
1216		-	HB0871 Engrossed - 34 - LRB104 04769 SPS 14796 b
1217		-
1218		-
1219		-	HB0871 Engrossed- 35 -LRB104 04769 SPS 14796 b HB0871 Engrossed - 35 - LRB104 04769 SPS 14796 b
1220		-	HB0871 Engrossed - 35 - LRB104 04769 SPS 14796 b
1221		-	1 been removed, by the provision of services to the
1222		-	2 child and the families when the child can be cared for
1223		-	3 at home without endangering the child's health and
1224		-	4 safety;
1225		-	5 (E) placing children in suitable permanent family
1226		-	6 arrangements, through guardianship or adoption, in
1227		-	7 cases where restoration to the birth family is not
1228		-	8 safe, possible, or appropriate;
1229		-	9 (F) at the time of placement, conducting
1230		-	10 concurrent planning, as described in subsection (l-1)
1231		-	11 of this Section, so that permanency may occur at the
1232		-	12 earliest opportunity. Consideration should be given so
1233		-	13 that if reunification fails or is delayed, the
1234		-	14 placement made is the best available placement to
1235		-	15 provide permanency for the child;
1236		-	16 (G) (blank);
1237		-	17 (H) (blank); and
1238		-	18 (I) placing and maintaining children in facilities
1239		-	19 that provide separate living quarters for children
1240		-	20 under the age of 18 and for children 18 years of age
1241		-	21 and older, unless a child 18 years of age is in the
1242		-	22 last year of high school education or vocational
1243		-	23 training, in an approved individual or group treatment
1244		-	24 program, in a licensed shelter facility, or secure
1245		-	25 child care facility. The Department is not required to
1246		-	26 place or maintain children:
1247		-
1248		-
1249		-
1250		-
1251		-
1252		-	HB0871 Engrossed - 35 - LRB104 04769 SPS 14796 b
1253		-
1254		-
1255		-	HB0871 Engrossed- 36 -LRB104 04769 SPS 14796 b HB0871 Engrossed - 36 - LRB104 04769 SPS 14796 b
1256		-	HB0871 Engrossed - 36 - LRB104 04769 SPS 14796 b
1257		-	1 (i) who are in a foster home, or
1258		-	2 (ii) who are persons with a developmental
1259		-	3 disability, as defined in the Mental Health and
1260		-	4 Developmental Disabilities Code, or
1261		-	5 (iii) who are female children who are
1262		-	6 pregnant, pregnant and parenting, or parenting, or
1263		-	7 (iv) who are siblings, in facilities that
1264		-	8 provide separate living quarters for children 18
1265		-	9 years of age and older and for children under 18
1266		-	10 years of age.
1267		-	11 (b) (Blank).
1268		-	12 (b-5) The Department shall adopt rules to establish a
1269		-	13 process for all licensed residential providers in Illinois to
1270		-	14 submit data as required by the Department if they contract or
1271		-	15 receive reimbursement for children's mental health, substance
1272		-	16 use, and developmental disability services from the Department
1273		-	17 of Human Services, the Department of Juvenile Justice, or the
1274		-	18 Department of Healthcare and Family Services. The requested
1275		-	19 data must include, but is not limited to, capacity, staffing,
1276		-	20 and occupancy data for the purpose of establishing State need
1277		-	21 and placement availability.
1278		-	22 All information collected, shared, or stored pursuant to
1279		-	23 this subsection shall be handled in accordance with all State
1280		-	24 and federal privacy laws and accompanying regulations and
1281		-	25 rules, including without limitation the federal Health
1282		-	26 Insurance Portability and Accountability Act of 1996 (Public
1283		-
1284		-
1285		-
1286		-
1287		-
1288		-	HB0871 Engrossed - 36 - LRB104 04769 SPS 14796 b
1289		-
1290		-
1291		-	HB0871 Engrossed- 37 -LRB104 04769 SPS 14796 b HB0871 Engrossed - 37 - LRB104 04769 SPS 14796 b
1292		-	HB0871 Engrossed - 37 - LRB104 04769 SPS 14796 b
1293		-	1 Law 104-191) and the Mental Health and Developmental
1294		-	2 Disabilities Confidentiality Act.
1295		-	3 (c) The Department shall establish and maintain
1296		-	4 tax-supported child welfare services and extend and seek to
1297		-	5 improve voluntary services throughout the State, to the end
1298		-	6 that services and care shall be available on an equal basis
1299		-	7 throughout the State to children requiring such services.
1300		-	8 (d) The Director may authorize advance disbursements for
1301		-	9 any new program initiative to any agency contracting with the
1302		-	10 Department. As a prerequisite for an advance disbursement, the
1303		-	11 contractor must post a surety bond in the amount of the advance
1304		-	12 disbursement and have a purchase of service contract approved
1305		-	13 by the Department. The Department may pay up to 2 months
1306		-	14 operational expenses in advance. The amount of the advance
1307		-	15 disbursement shall be prorated over the life of the contract
1308		-	16 or the remaining months of the fiscal year, whichever is less,
1309		-	17 and the installment amount shall then be deducted from future
1310		-	18 bills. Advance disbursement authorizations for new initiatives
1311		-	19 shall not be made to any agency after that agency has operated
1312		-	20 during 2 consecutive fiscal years. The requirements of this
1313		-	21 Section concerning advance disbursements shall not apply with
1314		-	22 respect to the following: payments to local public agencies
1315		-	23 for child day care services as authorized by Section 5a of this
1316		-	24 Act; and youth service programs receiving grant funds under
1317		-	25 Section 17a-4.
1318		-	26 (e) (Blank).
1319		-
1320		-
1321		-
1322		-
1323		-
1324		-	HB0871 Engrossed - 37 - LRB104 04769 SPS 14796 b
1325		-
1326		-
1327		-	HB0871 Engrossed- 38 -LRB104 04769 SPS 14796 b HB0871 Engrossed - 38 - LRB104 04769 SPS 14796 b
1328		-	HB0871 Engrossed - 38 - LRB104 04769 SPS 14796 b
1329		-	1 (f) (Blank).
1330		-	2 (g) The Department shall establish rules and regulations
1331		-	3 concerning its operation of programs designed to meet the
1332		-	4 goals of child safety and protection, family preservation, and
1333		-	5 permanency, including, but not limited to:
1334		-	6 (1) reunification, guardianship, and adoption;
1335		-	7 (2) relative and licensed foster care;
1336		-	8 (3) family counseling;
1337		-	9 (4) protective services;
1338		-	10 (5) (blank);
1339		-	11 (6) homemaker service;
1340		-	12 (7) return of runaway children;
1341		-	13 (8) (blank);
1342		-	14 (9) placement under Section 5-7 of the Juvenile Court
1343		-	15 Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
1344		-	16 Court Act of 1987 in accordance with the federal Adoption
1345		-	17 Assistance and Child Welfare Act of 1980; and
1346		-	18 (10) interstate services.
1347		-	19 Rules and regulations established by the Department shall
1348		-	20 include provisions for training Department staff and the staff
1349		-	21 of Department grantees, through contracts with other agencies
1350		-	22 or resources, in screening techniques to identify substance
1351		-	23 use disorders, as defined in the Substance Use Disorder Act,
1352		-	24 approved by the Department of Human Services, as a successor
1353		-	25 to the Department of Alcoholism and Substance Abuse, for the
1354		-	26 purpose of identifying children and adults who should be
1355		-
1356		-
1357		-
1358		-
1359		-
1360		-	HB0871 Engrossed - 38 - LRB104 04769 SPS 14796 b
1361		-
1362		-
1363		-	HB0871 Engrossed- 39 -LRB104 04769 SPS 14796 b HB0871 Engrossed - 39 - LRB104 04769 SPS 14796 b
1364		-	HB0871 Engrossed - 39 - LRB104 04769 SPS 14796 b
1365		-	1 referred for an assessment at an organization appropriately
1366		-	2 licensed by the Department of Human Services for substance use
1367		-	3 disorder treatment.
1368		-	4 (h) If the Department finds that there is no appropriate
1369		-	5 program or facility within or available to the Department for
1370		-	6 a youth in care and that no licensed private facility has an
1371		-	7 adequate and appropriate program or none agrees to accept the
1372		-	8 youth in care, the Department shall create an appropriate
1373		-	9 individualized, program-oriented plan for such youth in care.
1374		-	10 The plan may be developed within the Department or through
1375		-	11 purchase of services by the Department to the extent that it is
1376		-	12 within its statutory authority to do.
1377		-	13 (i) Service programs shall be available throughout the
1378		-	14 State and shall include but not be limited to the following
1379		-	15 services:
1380		-	16 (1) case management;
1381		-	17 (2) homemakers;
1382		-	18 (3) counseling;
1383		-	19 (4) parent education;
1384		-	20 (5) day care;
1385		-	21 (6) emergency assistance and advocacy; and
1386		-	22 (7) kinship navigator and relative caregiver supports.
1387		-	23 In addition, the following services may be made available
1388		-	24 to assess and meet the needs of children and families:
1389		-	25 (1) comprehensive family-based services;
1390		-	26 (2) assessments;
1391		-
1392		-
1393		-
1394		-
1395		-
1396		-	HB0871 Engrossed - 39 - LRB104 04769 SPS 14796 b
1397		-
1398		-
1399		-	HB0871 Engrossed- 40 -LRB104 04769 SPS 14796 b HB0871 Engrossed - 40 - LRB104 04769 SPS 14796 b
1400		-	HB0871 Engrossed - 40 - LRB104 04769 SPS 14796 b
1401		-	1 (3) respite care; and
1402		-	2 (4) in-home health services.
1403		-	3 The Department shall provide transportation for any of the
1404		-	4 services it makes available to children or families or for
1405		-	5 which it refers children or families.
1406		-	6 (j) The Department may provide categories of financial
1407		-	7 assistance and education assistance grants, and shall
1408		-	8 establish rules and regulations concerning the assistance and
1409		-	9 grants, to persons who adopt or become subsidized guardians of
1410		-	10 children with physical or mental disabilities, children who
1411		-	11 are older, or other hard-to-place children who (i) immediately
1412		-	12 prior to their adoption or subsidized guardianship were youth
1413		-	13 in care or (ii) were determined eligible for financial
1414		-	14 assistance with respect to a prior adoption and who become
1415		-	15 available for adoption because the prior adoption has been
1416		-	16 dissolved and the parental rights of the adoptive parents have
1417		-	17 been terminated or because the child's adoptive parents have
1418		-	18 died. The Department may continue to provide financial
1419		-	19 assistance and education assistance grants for a child who was
1420		-	20 determined eligible for financial assistance under this
1421		-	21 subsection (j) in the interim period beginning when the
1422		-	22 child's adoptive parents died and ending with the finalization
1423		-	23 of the new adoption of the child by another adoptive parent or
1424		-	24 parents. The Department may also provide categories of
1425		-	25 financial assistance and education assistance grants, and
1426		-	26 shall establish rules and regulations for the assistance and
1427		-
1428		-
1429		-
1430		-
1431		-
1432		-	HB0871 Engrossed - 40 - LRB104 04769 SPS 14796 b
1433		-
1434		-
1435		-	HB0871 Engrossed- 41 -LRB104 04769 SPS 14796 b HB0871 Engrossed - 41 - LRB104 04769 SPS 14796 b
1436		-	HB0871 Engrossed - 41 - LRB104 04769 SPS 14796 b
1437		-	1 grants, to persons appointed guardian of the person under
1438		-	2 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
1439		-	3 4-25, or 5-740 of the Juvenile Court Act of 1987 for children
1440		-	4 who were youth in care for 12 months immediately prior to the
1441		-	5 appointment of the guardian.
1442		-	6 The amount of assistance may vary, depending upon the
1443		-	7 needs of the child and the adoptive parents or subsidized
1444		-	8 guardians, as set forth in the annual assistance agreement.
1445		-	9 Special purpose grants are allowed where the child requires
1446		-	10 special service but such costs may not exceed the amounts
1447		-	11 which similar services would cost the Department if it were to
1448		-	12 provide or secure them as guardian of the child.
1449		-	13 Any financial assistance provided under this subsection is
1450		-	14 inalienable by assignment, sale, execution, attachment,
1451		-	15 garnishment, or any other remedy for recovery or collection of
1452		-	16 a judgment or debt.
1453		-	17 (j-5) The Department shall not deny or delay the placement
1454		-	18 of a child for adoption if an approved family is available
1455		-	19 either outside of the Department region handling the case, or
1456		-	20 outside of the State of Illinois.
1457		-	21 (k) The Department shall accept for care and training any
1458		-	22 child who has been adjudicated neglected or abused, or
1459		-	23 dependent committed to it pursuant to the Juvenile Court Act
1460		-	24 or the Juvenile Court Act of 1987.
1461		-	25 (l) The Department shall offer family preservation
1462		-	26 services, as defined in Section 8.2 of the Abused and
1463		-
1464		-
1465		-
1466		-
1467		-
1468		-	HB0871 Engrossed - 41 - LRB104 04769 SPS 14796 b
1469		-
1470		-
1471		-	HB0871 Engrossed- 42 -LRB104 04769 SPS 14796 b HB0871 Engrossed - 42 - LRB104 04769 SPS 14796 b
1472		-	HB0871 Engrossed - 42 - LRB104 04769 SPS 14796 b
1473		-	1 Neglected Child Reporting Act, to help families, including
1474		-	2 adoptive and extended families. Family preservation services
1475		-	3 shall be offered (i) to prevent the placement of children in
1476		-	4 substitute care when the children can be cared for at home or
1477		-	5 in the custody of the person responsible for the children's
1478		-	6 welfare, (ii) to reunite children with their families, or
1479		-	7 (iii) to maintain an adoption or subsidized guardianship.
1480		-	8 Family preservation services shall only be offered when doing
1481		-	9 so will not endanger the children's health or safety. With
1482		-	10 respect to children who are in substitute care pursuant to the
1483		-	11 Juvenile Court Act of 1987, family preservation services shall
1484		-	12 not be offered if a goal other than those of subdivisions (A),
1485		-	13 (B), or (B-1) of subsection (2.3) of Section 2-28 of that Act
1486		-	14 has been set, except that reunification services may be
1487		-	15 offered as provided in paragraph (F) of subsection (2.3) of
1488		-	16 Section 2-28 of that Act. Nothing in this paragraph shall be
1489		-	17 construed to create a private right of action or claim on the
1490		-	18 part of any individual or child welfare agency, except that
1491		-	19 when a child is the subject of an action under Article II of
1492		-	20 the Juvenile Court Act of 1987 and the child's service plan
1493		-	21 calls for services to facilitate achievement of the permanency
1494		-	22 goal, the court hearing the action under Article II of the
1495		-	23 Juvenile Court Act of 1987 may order the Department to provide
1496		-	24 the services set out in the plan, if those services are not
1497		-	25 provided with reasonable promptness and if those services are
1498		-	26 available.
1499		-
1500		-
1501		-
1502		-
1503		-
1504		-	HB0871 Engrossed - 42 - LRB104 04769 SPS 14796 b
1505		-
1506		-
1507		-	HB0871 Engrossed- 43 -LRB104 04769 SPS 14796 b HB0871 Engrossed - 43 - LRB104 04769 SPS 14796 b
1508		-	HB0871 Engrossed - 43 - LRB104 04769 SPS 14796 b
1509		-	1 The Department shall notify the child and the child's
1510		-	2 family of the Department's responsibility to offer and provide
1511		-	3 family preservation services as identified in the service
1512		-	4 plan. The child and the child's family shall be eligible for
1513		-	5 services as soon as the report is determined to be
1514		-	6 "indicated". The Department may offer services to any child or
1515		-	7 family with respect to whom a report of suspected child abuse
1516		-	8 or neglect has been filed, prior to concluding its
1517		-	9 investigation under Section 7.12 of the Abused and Neglected
1518		-	10 Child Reporting Act. However, the child's or family's
1519		-	11 willingness to accept services shall not be considered in the
1520		-	12 investigation. The Department may also provide services to any
1521		-	13 child or family who is the subject of any report of suspected
1522		-	14 child abuse or neglect or may refer such child or family to
1523		-	15 services available from other agencies in the community, even
1524		-	16 if the report is determined to be unfounded, if the conditions
1525		-	17 in the child's or family's home are reasonably likely to
1526		-	18 subject the child or family to future reports of suspected
1527		-	19 child abuse or neglect. Acceptance of such services shall be
1528		-	20 voluntary. The Department may also provide services to any
1529		-	21 child or family after completion of a family assessment, as an
1530		-	22 alternative to an investigation, as provided under the
1531		-	23 "differential response program" provided for in subsection
1532		-	24 (a-5) of Section 7.4 of the Abused and Neglected Child
1533		-	25 Reporting Act.
1534		-	26 The Department may, at its discretion except for those
1535		-
1536		-
1537		-
1538		-
1539		-
1540		-	HB0871 Engrossed - 43 - LRB104 04769 SPS 14796 b
1541		-
1542		-
1543		-	HB0871 Engrossed- 44 -LRB104 04769 SPS 14796 b HB0871 Engrossed - 44 - LRB104 04769 SPS 14796 b
1544		-	HB0871 Engrossed - 44 - LRB104 04769 SPS 14796 b
1545		-	1 children also adjudicated neglected or dependent, accept for
1546		-	2 care and training any child who has been adjudicated addicted,
1547		-	3 as a truant minor in need of supervision or as a minor
1548		-	4 requiring authoritative intervention, under the Juvenile Court
1549		-	5 Act or the Juvenile Court Act of 1987, but no such child shall
1550		-	6 be committed to the Department by any court without the
1551		-	7 approval of the Department. On and after January 1, 2015 (the
1552		-	8 effective date of Public Act 98-803) and before January 1,
1553		-	9 2017, a minor charged with a criminal offense under the
1554		-	10 Criminal Code of 1961 or the Criminal Code of 2012 or
1555		-	11 adjudicated delinquent shall not be placed in the custody of
1556		-	12 or committed to the Department by any court, except (i) a minor
1557		-	13 less than 16 years of age committed to the Department under
1558		-	14 Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
1559		-	15 for whom an independent basis of abuse, neglect, or dependency
1560		-	16 exists, which must be defined by departmental rule, or (iii) a
1561		-	17 minor for whom the court has granted a supplemental petition
1562		-	18 to reinstate wardship pursuant to subsection (2) of Section
1563		-	19 2-33 of the Juvenile Court Act of 1987. On and after January 1,
1564		-	20 2017, a minor charged with a criminal offense under the
1565		-	21 Criminal Code of 1961 or the Criminal Code of 2012 or
1566		-	22 adjudicated delinquent shall not be placed in the custody of
1567		-	23 or committed to the Department by any court, except (i) a minor
1568		-	24 less than 15 years of age committed to the Department under
1569		-	25 Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
1570		-	26 for whom an independent basis of abuse, neglect, or dependency
1571		-
1572		-
1573		-
1574		-
1575		-
1576		-	HB0871 Engrossed - 44 - LRB104 04769 SPS 14796 b
1577		-
1578		-
1579		-	HB0871 Engrossed- 45 -LRB104 04769 SPS 14796 b HB0871 Engrossed - 45 - LRB104 04769 SPS 14796 b
1580		-	HB0871 Engrossed - 45 - LRB104 04769 SPS 14796 b
1581		-	1 exists, which must be defined by departmental rule, or (iii) a
1582		-	2 minor for whom the court has granted a supplemental petition
1583		-	3 to reinstate wardship pursuant to subsection (2) of Section
1584		-	4 2-33 of the Juvenile Court Act of 1987. An independent basis
1585		-	5 exists when the allegations or adjudication of abuse, neglect,
1586		-	6 or dependency do not arise from the same facts, incident, or
1587		-	7 circumstances which give rise to a charge or adjudication of
1588		-	8 delinquency. The Department shall assign a caseworker to
1589		-	9 attend any hearing involving a youth in the care and custody of
1590		-	10 the Department who is placed on aftercare release, including
1591		-	11 hearings involving sanctions for violation of aftercare
1592		-	12 release conditions and aftercare release revocation hearings.
1593		-	13 As soon as is possible, the Department shall develop and
1594		-	14 implement a special program of family preservation services to
1595		-	15 support intact, relative, foster, and adoptive families who
1596		-	16 are experiencing extreme hardships due to the difficulty and
1597		-	17 stress of caring for a child who has been diagnosed with a
1598		-	18 pervasive developmental disorder if the Department determines
1599		-	19 that those services are necessary to ensure the health and
1600		-	20 safety of the child. The Department may offer services to any
1601		-	21 family whether or not a report has been filed under the Abused
1602		-	22 and Neglected Child Reporting Act. The Department may refer
1603		-	23 the child or family to services available from other agencies
1604		-	24 in the community if the conditions in the child's or family's
1605		-	25 home are reasonably likely to subject the child or family to
1606		-	26 future reports of suspected child abuse or neglect. Acceptance
1607		-
1608		-
1609		-
1610		-
1611		-
1612		-	HB0871 Engrossed - 45 - LRB104 04769 SPS 14796 b
1613		-
1614		-
1615		-	HB0871 Engrossed- 46 -LRB104 04769 SPS 14796 b HB0871 Engrossed - 46 - LRB104 04769 SPS 14796 b
1616		-	HB0871 Engrossed - 46 - LRB104 04769 SPS 14796 b
1617		-	1 of these services shall be voluntary. The Department shall
1618		-	2 develop and implement a public information campaign to alert
1619		-	3 health and social service providers and the general public
1620		-	4 about these special family preservation services. The nature
1621		-	5 and scope of the services offered and the number of families
1622		-	6 served under the special program implemented under this
1623		-	7 paragraph shall be determined by the level of funding that the
1624		-	8 Department annually allocates for this purpose. The term
1625		-	9 "pervasive developmental disorder" under this paragraph means
1626		-	10 a neurological condition, including, but not limited to,
1627		-	11 Asperger's Syndrome and autism, as defined in the most recent
1628		-	12 edition of the Diagnostic and Statistical Manual of Mental
1629		-	13 Disorders of the American Psychiatric Association.
1630		-	14 (l-1) The General Assembly recognizes that the best
1631		-	15 interests of the child require that the child be placed in the
1632		-	16 most permanent living arrangement that is an appropriate
1633		-	17 option for the child, consistent with the child's best
1634		-	18 interest, using the factors set forth in subsection (4.05) of
1635		-	19 Section 1-3 of the Juvenile Court Act of 1987 as soon as is
1636		-	20 practically possible. To achieve this goal, the General
1637		-	21 Assembly directs the Department of Children and Family
1638		-	22 Services to conduct concurrent planning so that permanency may
1639		-	23 occur at the earliest opportunity. Permanent living
1640		-	24 arrangements may include prevention of placement of a child
1641		-	25 outside the home of the family when the child can be cared for
1642		-	26 at home without endangering the child's health or safety;
1643		-
1644		-
1645		-
1646		-
1647		-
1648		-	HB0871 Engrossed - 46 - LRB104 04769 SPS 14796 b
1649		-
1650		-
1651		-	HB0871 Engrossed- 47 -LRB104 04769 SPS 14796 b HB0871 Engrossed - 47 - LRB104 04769 SPS 14796 b
1652		-	HB0871 Engrossed - 47 - LRB104 04769 SPS 14796 b
1653		-	1 reunification with the family, when safe and appropriate, if
1654		-	2 temporary placement is necessary; or movement of the child
1655		-	3 toward the most appropriate living arrangement and legal
1656		-	4 status.
1657		-	5 When determining reasonable efforts to be made with
1658		-	6 respect to a child, as described in this subsection, and in
1659		-	7 making such reasonable efforts, the child's health and safety
1660		-	8 shall be the paramount concern.
1661		-	9 When a child is placed in foster care, the Department
1662		-	10 shall ensure and document that reasonable efforts were made to
1663		-	11 prevent or eliminate the need to remove the child from the
1664		-	12 child's home. The Department must make reasonable efforts to
1665		-	13 reunify the family when temporary placement of the child
1666		-	14 occurs unless otherwise required, pursuant to the Juvenile
1667		-	15 Court Act of 1987. At any time after the dispositional hearing
1668		-	16 where the Department believes that further reunification
1669		-	17 services would be ineffective, it may request a finding from
1670		-	18 the court that reasonable efforts are no longer appropriate.
1671		-	19 The Department is not required to provide further
1672		-	20 reunification services after such a finding.
1673		-	21 A decision to place a child in substitute care shall be
1674		-	22 made with considerations of the child's health, safety, and
1675		-	23 best interests. The Department shall make diligent efforts to
1676		-	24 place the child with a relative, document those diligent
1677		-	25 efforts, and document reasons for any failure or inability to
1678		-	26 secure such a relative placement. If the primary issue
1679		-
1680		-
1681		-
1682		-
1683		-
1684		-	HB0871 Engrossed - 47 - LRB104 04769 SPS 14796 b
1685		-
1686		-
1687		-	HB0871 Engrossed- 48 -LRB104 04769 SPS 14796 b HB0871 Engrossed - 48 - LRB104 04769 SPS 14796 b
1688		-	HB0871 Engrossed - 48 - LRB104 04769 SPS 14796 b
1689		-	1 preventing an emergency placement of a child with a relative
1690		-	2 is a lack of resources, including, but not limited to,
1691		-	3 concrete goods, safety modifications, and services, the
1692		-	4 Department shall make diligent efforts to assist the relative
1693		-	5 in obtaining the necessary resources. No later than July 1,
1694		-	6 2025, the Department shall adopt rules defining what is
1695		-	7 diligent and necessary in providing supports to potential
1696		-	8 relative placements. At the time of placement, consideration
1697		-	9 should also be given so that if reunification fails or is
1698		-	10 delayed, the placement has the potential to be an appropriate
1699		-	11 permanent placement for the child.
1700		-	12 The Department shall adopt rules addressing concurrent
1701		-	13 planning for reunification and permanency. The Department
1702		-	14 shall consider the following factors when determining
1703		-	15 appropriateness of concurrent planning:
1704		-	16 (1) the likelihood of prompt reunification;
1705		-	17 (2) the past history of the family;
1706		-	18 (3) the barriers to reunification being addressed by
1707		-	19 the family;
1708		-	20 (4) the level of cooperation of the family;
1709		-	21 (4.5) the child's wishes;
1710		-	22 (5) the caregivers' willingness to work with the
1711		-	23 family to reunite;
1712		-	24 (6) the willingness and ability of the caregivers' to
1713		-	25 provide a permanent placement;
1714		-	26 (7) the age of the child;
1715		-
1716		-
1717		-
1718		-
1719		-
1720		-	HB0871 Engrossed - 48 - LRB104 04769 SPS 14796 b
1721		-
1722		-
1723		-	HB0871 Engrossed- 49 -LRB104 04769 SPS 14796 b HB0871 Engrossed - 49 - LRB104 04769 SPS 14796 b
1724		-	HB0871 Engrossed - 49 - LRB104 04769 SPS 14796 b
1725		-	1 (8) placement of siblings; and
1726		-	2 (9) the wishes of the parent or parents unless the
1727		-	3 parental preferences are contrary to the best interests of
1728		-	4 the child.
1729		-	5 (m) The Department may assume temporary custody of any
1730		-	6 child if:
1731		-	7 (1) it has received a written consent to such
1732		-	8 temporary custody signed by the parents of the child or by
1733		-	9 the parent having custody of the child if the parents are
1734		-	10 not living together or by the guardian or custodian of the
1735		-	11 child if the child is not in the custody of either parent,
1736		-	12 or
1737		-	13 (2) the child is found in the State and neither a
1738		-	14 parent, guardian nor custodian of the child can be
1739		-	15 located.
1740		-	16 If the child is found in the child's residence without a
1741		-	17 parent, guardian, custodian, or responsible caretaker, the
1742		-	18 Department may, instead of removing the child and assuming
1743		-	19 temporary custody, place an authorized representative of the
1744		-	20 Department in that residence until such time as a parent,
1745		-	21 guardian, or custodian enters the home and expresses a
1746		-	22 willingness and apparent ability to ensure the child's health
1747		-	23 and safety and resume permanent charge of the child, or until a
1748		-	24 relative enters the home and is willing and able to ensure the
1749		-	25 child's health and safety and assume charge of the child until
1750		-	26 a parent, guardian, or custodian enters the home and expresses
1751		-
1752		-
1753		-
1754		-
1755		-
1756		-	HB0871 Engrossed - 49 - LRB104 04769 SPS 14796 b
1757		-
1758		-
1759		-	HB0871 Engrossed- 50 -LRB104 04769 SPS 14796 b HB0871 Engrossed - 50 - LRB104 04769 SPS 14796 b
1760		-	HB0871 Engrossed - 50 - LRB104 04769 SPS 14796 b
1761		-	1 such willingness and ability to ensure the child's safety and
1762		-	2 resume permanent charge. After a caretaker has remained in the
1763		-	3 home for a period not to exceed 12 hours, the Department must
1764		-	4 follow those procedures outlined in Section 2-9, 3-11, 4-8, or
1765		-	5 5-415 of the Juvenile Court Act of 1987.
1766		-	6 The Department shall have the authority, responsibilities
1767		-	7 and duties that a legal custodian of the child would have
1768		-	8 pursuant to subsection (9) of Section 1-3 of the Juvenile
1769		-	9 Court Act of 1987. Whenever a child is taken into temporary
1770		-	10 custody pursuant to an investigation under the Abused and
1771		-	11 Neglected Child Reporting Act, or pursuant to a referral and
1772		-	12 acceptance under the Juvenile Court Act of 1987 of a minor in
1773		-	13 limited custody, the Department, during the period of
1774		-	14 temporary custody and before the child is brought before a
1775		-	15 judicial officer as required by Section 2-9, 3-11, 4-8, or
1776		-	16 5-415 of the Juvenile Court Act of 1987, shall have the
1777		-	17 authority, responsibilities and duties that a legal custodian
1778		-	18 of the child would have under subsection (9) of Section 1-3 of
1779		-	19 the Juvenile Court Act of 1987.
1780		-	20 The Department shall ensure that any child taken into
1781		-	21 custody is scheduled for an appointment for a medical
1782		-	22 examination.
1783		-	23 A parent, guardian, or custodian of a child in the
1784		-	24 temporary custody of the Department who would have custody of
1785		-	25 the child if the child were not in the temporary custody of the
1786		-	26 Department may deliver to the Department a signed request that
1787		-
1788		-
1789		-
1790		-
1791		-
1792		-	HB0871 Engrossed - 50 - LRB104 04769 SPS 14796 b
1793		-
1794		-
1795		-	HB0871 Engrossed- 51 -LRB104 04769 SPS 14796 b HB0871 Engrossed - 51 - LRB104 04769 SPS 14796 b
1796		-	HB0871 Engrossed - 51 - LRB104 04769 SPS 14796 b
1797		-	1 the Department surrender the temporary custody of the child.
1798		-	2 The Department may retain temporary custody of the child for
1799		-	3 10 days after the receipt of the request, during which period
1800		-	4 the Department may cause to be filed a petition pursuant to the
1801		-	5 Juvenile Court Act of 1987. If a petition is so filed, the
1802		-	6 Department shall retain temporary custody of the child until
1803		-	7 the court orders otherwise. If a petition is not filed within
1804		-	8 the 10-day period, the child shall be surrendered to the
1805		-	9 custody of the requesting parent, guardian, or custodian not
1806		-	10 later than the expiration of the 10-day period, at which time
1807		-	11 the authority and duties of the Department with respect to the
1808		-	12 temporary custody of the child shall terminate.
1809		-	13 (m-1) The Department may place children under 18 years of
1810		-	14 age in a secure child care facility licensed by the Department
1811		-	15 that cares for children who are in need of secure living
1812		-	16 arrangements for their health, safety, and well-being after a
1813		-	17 determination is made by the facility director and the
1814		-	18 Director or the Director's designate prior to admission to the
1815		-	19 facility subject to Section 2-27.1 of the Juvenile Court Act
1816		-	20 of 1987. This subsection (m-1) does not apply to a child who is
1817		-	21 subject to placement in a correctional facility operated
1818		-	22 pursuant to Section 3-15-2 of the Unified Code of Corrections,
1819		-	23 unless the child is a youth in care who was placed in the care
1820		-	24 of the Department before being subject to placement in a
1821		-	25 correctional facility and a court of competent jurisdiction
1822		-	26 has ordered placement of the child in a secure care facility.
1823		-
1824		-
1825		-
1826		-
1827		-
1828		-	HB0871 Engrossed - 51 - LRB104 04769 SPS 14796 b
1829		-
1830		-
1831		-	HB0871 Engrossed- 52 -LRB104 04769 SPS 14796 b HB0871 Engrossed - 52 - LRB104 04769 SPS 14796 b
1832		-	HB0871 Engrossed - 52 - LRB104 04769 SPS 14796 b
1833		-	1 (n) The Department may place children under 18 years of
1834		-	2 age in licensed child care facilities when in the opinion of
1835		-	3 the Department, appropriate services aimed at family
1836		-	4 preservation have been unsuccessful and cannot ensure the
1837		-	5 child's health and safety or are unavailable and such
1838		-	6 placement would be for their best interest. Payment for board,
1839		-	7 clothing, care, training and supervision of any child placed
1840		-	8 in a licensed child care facility may be made by the
1841		-	9 Department, by the parents or guardians of the estates of
1842		-	10 those children, or by both the Department and the parents or
1843		-	11 guardians, except that no payments shall be made by the
1844		-	12 Department for any child placed in a licensed child care
1845		-	13 facility for board, clothing, care, training, and supervision
1846		-	14 of such a child that exceed the average per capita cost of
1847		-	15 maintaining and of caring for a child in institutions for
1848		-	16 dependent or neglected children operated by the Department.
1849		-	17 However, such restriction on payments does not apply in cases
1850		-	18 where children require specialized care and treatment for
1851		-	19 problems of severe emotional disturbance, physical disability,
1852		-	20 social adjustment, or any combination thereof and suitable
1853		-	21 facilities for the placement of such children are not
1854		-	22 available at payment rates within the limitations set forth in
1855		-	23 this Section. All reimbursements for services delivered shall
1856		-	24 be absolutely inalienable by assignment, sale, attachment, or
1857		-	25 garnishment or otherwise.
1858		-	26 (n-1) The Department shall provide or authorize child
1859		-
1860		-
1861		-
1862		-
1863		-
1864		-	HB0871 Engrossed - 52 - LRB104 04769 SPS 14796 b
1865		-
1866		-
1867		-	HB0871 Engrossed- 53 -LRB104 04769 SPS 14796 b HB0871 Engrossed - 53 - LRB104 04769 SPS 14796 b
1868		-	HB0871 Engrossed - 53 - LRB104 04769 SPS 14796 b
1869		-	1 welfare services, aimed at assisting minors to achieve
1870		-	2 sustainable self-sufficiency as independent adults, for any
1871		-	3 minor eligible for the reinstatement of wardship pursuant to
1872		-	4 subsection (2) of Section 2-33 of the Juvenile Court Act of
1873		-	5 1987, whether or not such reinstatement is sought or allowed,
1874		-	6 provided that the minor consents to such services and has not
1875		-	7 yet attained the age of 21. The Department shall have
1876		-	8 responsibility for the development and delivery of services
1877		-	9 under this Section. An eligible youth may access services
1878		-	10 under this Section through the Department of Children and
1879		-	11 Family Services or by referral from the Department of Human
1880		-	12 Services. Youth participating in services under this Section
1881		-	13 shall cooperate with the assigned case manager in developing
1882		-	14 an agreement identifying the services to be provided and how
1883		-	15 the youth will increase skills to achieve self-sufficiency. A
1884		-	16 homeless shelter is not considered appropriate housing for any
1885		-	17 youth receiving child welfare services under this Section. The
1886		-	18 Department shall continue child welfare services under this
1887		-	19 Section to any eligible minor until the minor becomes 21 years
1888		-	20 of age, no longer consents to participate, or achieves
1889		-	21 self-sufficiency as identified in the minor's service plan.
1890		-	22 The Department of Children and Family Services shall create
1891		-	23 clear, readable notice of the rights of former foster youth to
1892		-	24 child welfare services under this Section and how such
1893		-	25 services may be obtained. The Department of Children and
1894		-	26 Family Services and the Department of Human Services shall
1895		-
1896		-
1897		-
1898		-
1899		-
1900		-	HB0871 Engrossed - 53 - LRB104 04769 SPS 14796 b
1901		-
1902		-
1903		-	HB0871 Engrossed- 54 -LRB104 04769 SPS 14796 b HB0871 Engrossed - 54 - LRB104 04769 SPS 14796 b
1904		-	HB0871 Engrossed - 54 - LRB104 04769 SPS 14796 b
1905		-	1 disseminate this information statewide. The Department shall
1906		-	2 adopt regulations describing services intended to assist
1907		-	3 minors in achieving sustainable self-sufficiency as
1908		-	4 independent adults.
1909		-	5 (o) The Department shall establish an administrative
1910		-	6 review and appeal process for children and families who
1911		-	7 request or receive child welfare services from the Department.
1912		-	8 Youth in care who are placed by private child welfare
1913		-	9 agencies, and caregivers with whom those youth are placed,
1914		-	10 shall be afforded the same procedural and appeal rights as
1915		-	11 children and families in the case of placement by the
1916		-	12 Department, including the right to an initial review of a
1917		-	13 private agency decision by that agency. The Department shall
1918		-	14 ensure that any private child welfare agency, which accepts
1919		-	15 youth in care for placement, affords those rights to children
1920		-	16 and caregivers with whom those children are placed. The
1921		-	17 Department shall accept for administrative review and an
1922		-	18 appeal hearing a complaint made by (i) a child or caregiver
1923		-	19 with whom the child is placed concerning a decision following
1924		-	20 an initial review by a private child welfare agency or (ii) a
1925		-	21 prospective adoptive parent who alleges a violation of
1926		-	22 subsection (j-5) of this Section. An appeal of a decision
1927		-	23 concerning a change in the placement of a child shall be
1928		-	24 conducted in an expedited manner. A court determination that a
1929		-	25 current placement is necessary and appropriate under Section
1930		-	26 2-28 of the Juvenile Court Act of 1987 does not constitute a
1931		-
1932		-
1933		-
1934		-
1935		-
1936		-	HB0871 Engrossed - 54 - LRB104 04769 SPS 14796 b
1937		-
1938		-
1939		-	HB0871 Engrossed- 55 -LRB104 04769 SPS 14796 b HB0871 Engrossed - 55 - LRB104 04769 SPS 14796 b
1940		-	HB0871 Engrossed - 55 - LRB104 04769 SPS 14796 b
1941		-	1 judicial determination on the merits of an administrative
1942		-	2 appeal, filed by a former caregiver, involving a change of
1943		-	3 placement decision. No later than July 1, 2025, the Department
1944		-	4 shall adopt rules to develop a reconsideration process to
1945		-	5 review: a denial of certification of a relative, a denial of
1946		-	6 placement with a relative, and a denial of visitation with an
1947		-	7 identified relative. Rules shall include standards and
1948		-	8 criteria for reconsideration that incorporate the best
1949		-	9 interests of the child under subsection (4.05) of Section 1-3
1950		-	10 of the Juvenile Court Act of 1987, address situations where
1951		-	11 multiple relatives seek certification, and provide that all
1952		-	12 rules regarding placement changes shall be followed. The rules
1953		-	13 shall outline the essential elements of each form used in the
1954		-	14 implementation and enforcement of the provisions of this
1955		-	15 amendatory Act of the 103rd General Assembly.
1956		-	16 (p) (Blank).
1957		-	17 (q) The Department may receive and use, in their entirety,
1958		-	18 for the benefit of children any gift, donation, or bequest of
1959		-	19 money or other property which is received on behalf of such
1960		-	20 children, or any financial benefits to which such children are
1961		-	21 or may become entitled while under the jurisdiction or care of
1962		-	22 the Department, except that the benefits described in Section
1963		-	23 5.46 must be used and conserved consistent with the provisions
1964		-	24 under Section 5.46.
1965		-	25 The Department shall set up and administer no-cost,
1966		-	26 interest-bearing accounts in appropriate financial
1967		-
1968		-
1969		-
1970		-
1971		-
1972		-	HB0871 Engrossed - 55 - LRB104 04769 SPS 14796 b
1973		-
1974		-
1975		-	HB0871 Engrossed- 56 -LRB104 04769 SPS 14796 b HB0871 Engrossed - 56 - LRB104 04769 SPS 14796 b
1976		-	HB0871 Engrossed - 56 - LRB104 04769 SPS 14796 b
1977		-	1 institutions for children for whom the Department is legally
1978		-	2 responsible and who have been determined eligible for
1979		-	3 Veterans' Benefits, Social Security benefits, assistance
1980		-	4 allotments from the armed forces, court ordered payments,
1981		-	5 parental voluntary payments, Supplemental Security Income,
1982		-	6 Railroad Retirement payments, Black Lung benefits, or other
1983		-	7 miscellaneous payments. Interest earned by each account shall
1984		-	8 be credited to the account, unless disbursed in accordance
1985		-	9 with this subsection.
1986		-	10 In disbursing funds from children's accounts, the
1987		-	11 Department shall:
1988		-	12 (1) Establish standards in accordance with State and
1989		-	13 federal laws for disbursing money from children's
1990		-	14 accounts. In all circumstances, the Department's
1991		-	15 Guardianship Administrator or the Guardianship
1992		-	16 Administrator's designee must approve disbursements from
1993		-	17 children's accounts. The Department shall be responsible
1994		-	18 for keeping complete records of all disbursements for each
1995		-	19 account for any purpose.
1996		-	20 (2) Calculate on a monthly basis the amounts paid from
1997		-	21 State funds for the child's board and care, medical care
1998		-	22 not covered under Medicaid, and social services; and
1999		-	23 utilize funds from the child's account, as covered by
2000		-	24 regulation, to reimburse those costs. Monthly,
2001		-	25 disbursements from all children's accounts, up to 1/12 of
2002		-	26 $13,000,000, shall be deposited by the Department into the
2003		-
2004		-
2005		-
2006		-
2007		-
2008		-	HB0871 Engrossed - 56 - LRB104 04769 SPS 14796 b
2009		-
2010		-
2011		-	HB0871 Engrossed- 57 -LRB104 04769 SPS 14796 b HB0871 Engrossed - 57 - LRB104 04769 SPS 14796 b
2012		-	HB0871 Engrossed - 57 - LRB104 04769 SPS 14796 b
2013		-	1 General Revenue Fund and the balance over 1/12 of
2014		-	2 $13,000,000 into the DCFS Children's Services Fund.
2015		-	3 (3) Maintain any balance remaining after reimbursing
2016		-	4 for the child's costs of care, as specified in item (2).
2017		-	5 The balance shall accumulate in accordance with relevant
2018		-	6 State and federal laws and shall be disbursed to the child
2019		-	7 or the child's guardian or to the issuing agency.
2020		-	8 (r) The Department shall promulgate regulations
2021		-	9 encouraging all adoption agencies to voluntarily forward to
2022		-	10 the Department or its agent names and addresses of all persons
2023		-	11 who have applied for and have been approved for adoption of a
2024		-	12 hard-to-place child or child with a disability and the names
2025		-	13 of such children who have not been placed for adoption. A list
2026		-	14 of such names and addresses shall be maintained by the
2027		-	15 Department or its agent, and coded lists which maintain the
2028		-	16 confidentiality of the person seeking to adopt the child and
2029		-	17 of the child shall be made available, without charge, to every
2030		-	18 adoption agency in the State to assist the agencies in placing
2031		-	19 such children for adoption. The Department may delegate to an
2032		-	20 agent its duty to maintain and make available such lists. The
2033		-	21 Department shall ensure that such agent maintains the
2034		-	22 confidentiality of the person seeking to adopt the child and
2035		-	23 of the child.
2036		-	24 (s) The Department of Children and Family Services may
2037		-	25 establish and implement a program to reimburse caregivers
2038		-	26 licensed, certified, or otherwise approved by the Department
2039		-
2040		-
2041		-
2042		-
2043		-
2044		-	HB0871 Engrossed - 57 - LRB104 04769 SPS 14796 b
2045		-
2046		-
2047		-	HB0871 Engrossed- 58 -LRB104 04769 SPS 14796 b HB0871 Engrossed - 58 - LRB104 04769 SPS 14796 b
2048		-	HB0871 Engrossed - 58 - LRB104 04769 SPS 14796 b
2049		-	1 of Children and Family Services for damages sustained by the
2050		-	2 caregivers as a result of the malicious or negligent acts of
2051		-	3 children placed by the Department, as well as providing third
2052		-	4 party coverage for such caregivers with regard to actions of
2053		-	5 children placed by the Department to other individuals. Such
2054		-	6 coverage will be secondary to the caregiver's liability
2055		-	7 insurance policy, if applicable. The program shall be funded
2056		-	8 through appropriations from the General Revenue Fund,
2057		-	9 specifically designated for such purposes.
2058		-	10 (t) The Department shall perform home studies and
2059		-	11 investigations and shall exercise supervision over visitation
2060		-	12 as ordered by a court pursuant to the Illinois Marriage and
2061		-	13 Dissolution of Marriage Act or the Adoption Act only if:
2062		-	14 (1) an order entered by an Illinois court specifically
2063		-	15 directs the Department to perform such services; and
2064		-	16 (2) the court has ordered one or both of the parties to
2065		-	17 the proceeding to reimburse the Department for its
2066		-	18 reasonable costs for providing such services in accordance
2067		-	19 with Department rules, or has determined that neither
2068		-	20 party is financially able to pay.
2069		-	21 The Department shall provide written notification to the
2070		-	22 court of the specific arrangements for supervised visitation
2071		-	23 and projected monthly costs within 60 days of the court order.
2072		-	24 The Department shall send to the court information related to
2073		-	25 the costs incurred except in cases where the court has
2074		-	26 determined the parties are financially unable to pay. The
2075		-
2076		-
2077		-
2078		-
2079		-
2080		-	HB0871 Engrossed - 58 - LRB104 04769 SPS 14796 b
2081		-
2082		-
2083		-	HB0871 Engrossed- 59 -LRB104 04769 SPS 14796 b HB0871 Engrossed - 59 - LRB104 04769 SPS 14796 b
2084		-	HB0871 Engrossed - 59 - LRB104 04769 SPS 14796 b
2085		-	1 court may order additional periodic reports as appropriate.
2086		-	2 (u) In addition to other information that must be
2087		-	3 provided, whenever the Department places a child with a
2088		-	4 prospective adoptive parent or parents, in a licensed foster
2089		-	5 home, group home, or child care institution, in a relative
2090		-	6 home, or in a certified relative caregiver home, the
2091		-	7 Department shall provide to the caregiver, appropriate
2092		-	8 facility staff, or prospective adoptive parent or parents:
2093		-	9 (1) available detailed information concerning the
2094		-	10 child's educational and health history, copies of
2095		-	11 immunization records (including insurance and medical card
2096		-	12 information), a history of the child's previous
2097		-	13 placements, if any, and reasons for placement changes
2098		-	14 excluding any information that identifies or reveals the
2099		-	15 location of any previous caregiver or adoptive parents;
2100		-	16 (2) a copy of the child's portion of the client
2101		-	17 service plan, including any visitation arrangement, and
2102		-	18 all amendments or revisions to it as related to the child;
2103		-	19 and
2104		-	20 (3) information containing details of the child's
2105		-	21 individualized educational plan when the child is
2106		-	22 receiving special education services.
2107		-	23 The caregiver, appropriate facility staff, or prospective
2108		-	24 adoptive parent or parents, shall be informed of any known
2109		-	25 social or behavioral information (including, but not limited
2110		-	26 to, criminal background, fire setting, perpetuation of sexual
2111		-
2112		-
2113		-
2114		-
2115		-
2116		-	HB0871 Engrossed - 59 - LRB104 04769 SPS 14796 b
2117		-
2118		-
2119		-	HB0871 Engrossed- 60 -LRB104 04769 SPS 14796 b HB0871 Engrossed - 60 - LRB104 04769 SPS 14796 b
2120		-	HB0871 Engrossed - 60 - LRB104 04769 SPS 14796 b
2121		-	1 abuse, destructive behavior, and substance abuse) necessary to
2122		-	2 care for and safeguard the children to be placed or currently
2123		-	3 in the home or setting. The Department may prepare a written
2124		-	4 summary of the information required by this paragraph, which
2125		-	5 may be provided to the caregiver, appropriate facility staff,
2126		-	6 or prospective adoptive parent in advance of a placement. The
2127		-	7 caregiver, appropriate facility staff, or prospective adoptive
2128		-	8 parent may review the supporting documents in the child's file
2129		-	9 in the presence of casework staff. In the case of an emergency
2130		-	10 placement, casework staff shall at least provide known
2131		-	11 information verbally, if necessary, and must subsequently
2132		-	12 provide the information in writing as required by this
2133		-	13 subsection.
2134		-	14 The information described in this subsection shall be
2135		-	15 provided in writing. In the case of emergency placements when
2136		-	16 time does not allow prior review, preparation, and collection
2137		-	17 of written information, the Department shall provide such
2138		-	18 information as it becomes available. Within 10 business days
2139		-	19 after placement, the Department shall obtain from the
2140		-	20 caregiver, appropriate facility staff, or prospective adoptive
2141		-	21 parent or parents a signed verification of receipt of the
2142		-	22 information provided. Within 10 business days after placement,
2143		-	23 the Department shall provide to the child's guardian ad litem
2144		-	24 a copy of the information provided to the caregiver,
2145		-	25 appropriate facility staff, or prospective adoptive parent or
2146		-	26 parents. The information provided to the caregiver,
2147		-
2148		-
2149		-
2150		-
2151		-
2152		-	HB0871 Engrossed - 60 - LRB104 04769 SPS 14796 b
2153		-
2154		-
2155		-	HB0871 Engrossed- 61 -LRB104 04769 SPS 14796 b HB0871 Engrossed - 61 - LRB104 04769 SPS 14796 b
2156		-	HB0871 Engrossed - 61 - LRB104 04769 SPS 14796 b
2157		-	1 appropriate facility staff, or prospective adoptive parent or
2158		-	2 parents shall be reviewed and approved regarding accuracy at
2159		-	3 the supervisory level.
2160		-	4 (u-5) Beginning July 1, 2025, certified relative caregiver
2161		-	5 homes under Section 3.4 of the Child Care Act of 1969 shall be
2162		-	6 eligible to receive foster care maintenance payments from the
2163		-	7 Department in an amount no less than payments made to licensed
2164		-	8 foster family homes. Beginning July 1, 2025, relative homes
2165		-	9 providing care to a child placed by the Department that are not
2166		-	10 a certified relative caregiver home under Section 3.4 of the
2167		-	11 Child Care Act of 1969 or a licensed foster family home shall
2168		-	12 be eligible to receive payments from the Department in an
2169		-	13 amount no less 90% of the payments made to licensed foster
2170		-	14 family homes and certified relative caregiver homes.
2171		-	15 (u-6) To assist relative and certified relative
2172		-	16 caregivers, no later than July 1, 2025, the Department shall
2173		-	17 adopt rules to implement a relative support program, as
2174		-	18 follows:
2175		-	19 (1) For relative and certified relative caregivers,
2176		-	20 the Department is authorized to reimburse or prepay
2177		-	21 reasonable expenditures to remedy home conditions
2178		-	22 necessary to fulfill the home safety-related requirements
2179		-	23 of relative caregiver homes.
2180		-	24 (2) The Department may provide short-term emergency
2181		-	25 funds to relative and certified relative caregiver homes
2182		-	26 experiencing extreme hardships due to the difficulty and
2183		-
2184		-
2185		-
2186		-
2187		-
2188		-	HB0871 Engrossed - 61 - LRB104 04769 SPS 14796 b
2189		-
2190		-
2191		-	HB0871 Engrossed- 62 -LRB104 04769 SPS 14796 b HB0871 Engrossed - 62 - LRB104 04769 SPS 14796 b
2192		-	HB0871 Engrossed - 62 - LRB104 04769 SPS 14796 b
2193		-	1 stress associated with adding youth in care as new
2194		-	2 household members.
2195		-	3 (3) Consistent with federal law, the Department shall
2196		-	4 include in any State Plan made in accordance with the
2197		-	5 Adoption Assistance and Child Welfare Act of 1980, Titles
2198		-	6 IV-E and XIX of the Social Security Act, and any other
2199		-	7 applicable federal laws the provision of kinship navigator
2200		-	8 program services. The Department shall apply for and
2201		-	9 administer all relevant federal aid in accordance with
2202		-	10 law. Federal funds acquired for the kinship navigator
2203		-	11 program shall be used for the development, implementation,
2204		-	12 and operation of kinship navigator program services. The
2205		-	13 kinship navigator program services may provide
2206		-	14 information, referral services, support, and assistance to
2207		-	15 relative and certified relative caregivers of youth in
2208		-	16 care to address their unique needs and challenges. Until
2209		-	17 the Department is approved to receive federal funds for
2210		-	18 these purposes, the Department shall publicly post on the
2211		-	19 Department's website semi-annual updates regarding the
2212		-	20 Department's progress in pursuing federal funding.
2213		-	21 Whenever the Department publicly posts these updates on
2214		-	22 its website, the Department shall notify the General
2215		-	23 Assembly through the General Assembly's designee.
2216		-	24 (u-7) To support finding permanency for children through
2217		-	25 subsidized guardianship and adoption and to prevent disruption
2218		-	26 in guardianship and adoptive placements, the Department shall
2219		-
2220		-
2221		-
2222		-
2223		-
2224		-	HB0871 Engrossed - 62 - LRB104 04769 SPS 14796 b
2225		-
2226		-
2227		-	HB0871 Engrossed- 63 -LRB104 04769 SPS 14796 b HB0871 Engrossed - 63 - LRB104 04769 SPS 14796 b
2228		-	HB0871 Engrossed - 63 - LRB104 04769 SPS 14796 b
2229		-	1 establish and maintain accessible subsidized guardianship and
2230		-	2 adoption support services for all children under 18 years of
2231		-	3 age placed in guardianship or adoption who, immediately
2232		-	4 preceding the guardianship or adoption, were in the custody or
2233		-	5 guardianship of the Department under Article II of the
2234		-	6 Juvenile Court Act of 1987.
2235		-	7 The Department shall establish and maintain a toll-free
2236		-	8 number to respond to requests from the public about its
2237		-	9 subsidized guardianship and adoption support services under
2238		-	10 this subsection and shall staff the toll-free number so that
2239		-	11 calls are answered on a timely basis, but in no event more than
2240		-	12 one business day after the receipt of a request. These
2241		-	13 requests from the public may be made anonymously. To meet this
2242		-	14 obligation, the Department may utilize the same toll-free
2243		-	15 number the Department operates to respond to post-adoption
2244		-	16 requests under subsection (b-5) of Section 18.9 of the
2245		-	17 Adoption Act. The Department shall publicize information about
2246		-	18 the Department's subsidized guardianship support services and
2247		-	19 toll-free number as follows:
2248		-	20 (1) it shall post information on the Department's
2249		-	21 website;
2250		-	22 (2) it shall provide the information to every licensed
2251		-	23 child welfare agency and any entity providing subsidized
2252		-	24 guardianship support services in Illinois courts;
2253		-	25 (3) it shall reference such information in the
2254		-	26 materials the Department provides to caregivers pursuing
2255		-
2256		-
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2258		-
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2265		-	1 subsidized guardianship to inform them of their rights and
2266		-	2 responsibilities under the Child Care Act of 1969 and this
2267		-	3 Act;
2268		-	4 (4) it shall provide the information, including the
2269		-	5 Department's Post Adoption and Guardianship Services
2270		-	6 booklet, to eligible caregivers as part of its
2271		-	7 guardianship training and at the time they are presented
2272		-	8 with the Permanency Commitment form;
2273		-	9 (5) it shall include, in each annual notification
2274		-	10 letter mailed to subsidized guardians, a short, 2-sided
2275		-	11 flier or news bulletin in plain language that describes
2276		-	12 access to post-guardianship services, how to access
2277		-	13 services under the Family Support Program, formerly known
2278		-	14 as the Individual Care Grant Program, the webpage address
2279		-	15 to the Post Adoption and Guardianship Services booklet,
2280		-	16 information on how to request that a copy of the booklet be
2281		-	17 mailed; and
2282		-	18 (6) it shall ensure that kinship navigator programs of
2283		-	19 this State, when established, have this information to
2284		-	20 include in materials the programs provide to caregivers.
2285		-	21 No later than July 1, 2026, the Department shall provide a
2286		-	22 mechanism for the public to make information requests by
2287		-	23 electronic means.
2288		-	24 The Department shall review and update annually all
2289		-	25 information relating to its subsidized guardianship support
2290		-	26 services, including its Post Adoption and Guardianship
2291		-
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2293		-
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2301		-	1 Services booklet, to include updated information on Family
2302		-	2 Support Program services eligibility and subsidized
2303		-	3 guardianship support services that are available through the
2304		-	4 medical assistance program established under Article V of the
2305		-	5 Illinois Public Aid Code or any other State program for mental
2306		-	6 health services. The Department and the Department of
2307		-	7 Healthcare and Family Services shall coordinate their efforts
2308		-	8 in the development of these resources.
2309		-	9 Every licensed child welfare agency and any entity
2310		-	10 providing kinship navigator programs funded by the Department
2311		-	11 shall provide the Department's website address and link to the
2312		-	12 Department's subsidized guardianship support services
2313		-	13 information set forth in subsection (d), including the
2314		-	14 Department's toll-free number, to every relative who is or
2315		-	15 will be providing guardianship placement for a child placed by
2316		-	16 the Department.
2317		-	17 (v) The Department shall access criminal history record
2318		-	18 information as defined in the Illinois Uniform Conviction
2319		-	19 Information Act and information maintained in the adjudicatory
2320		-	20 and dispositional record system as defined in Section 2605-355
2321		-	21 of the Illinois State Police Law if the Department determines
2322		-	22 the information is necessary to perform its duties under the
2323		-	23 Abused and Neglected Child Reporting Act, the Child Care Act
2324		-	24 of 1969, and the Children and Family Services Act. The
2325		-	25 Department shall provide for interactive computerized
2326		-	26 communication and processing equipment that permits direct
2327		-
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2329		-
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2337		-	1 on-line communication with the Illinois State Police's central
2338		-	2 criminal history data repository. The Department shall comply
2339		-	3 with all certification requirements and provide certified
2340		-	4 operators who have been trained by personnel from the Illinois
2341		-	5 State Police. In addition, one Office of the Inspector General
2342		-	6 investigator shall have training in the use of the criminal
2343		-	7 history information access system and have access to the
2344		-	8 terminal. The Department of Children and Family Services and
2345		-	9 its employees shall abide by rules and regulations established
2346		-	10 by the Illinois State Police relating to the access and
2347		-	11 dissemination of this information.
2348		-	12 (v-1) Prior to final approval for placement of a child
2349		-	13 with a foster or adoptive parent, the Department shall conduct
2350		-	14 a criminal records background check of the prospective foster
2351		-	15 or adoptive parent, including fingerprint-based checks of
2352		-	16 national crime information databases. Final approval for
2353		-	17 placement shall not be granted if the record check reveals a
2354		-	18 felony conviction for child abuse or neglect, for spousal
2355		-	19 abuse, for a crime against children, or for a crime involving
2356		-	20 violence, including human trafficking, sex trafficking, rape,
2357		-	21 sexual assault, or homicide, but not including other physical
2358		-	22 assault or battery, or if there is a felony conviction for
2359		-	23 physical assault, battery, or a drug-related offense committed
2360		-	24 within the past 5 years.
2361		-	25 (v-2) Prior to final approval for placement of a child
2362		-	26 with a foster or adoptive parent, the Department shall check
2363		-
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2365		-
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2373		-	1 its child abuse and neglect registry for information
2374		-	2 concerning prospective foster and adoptive parents, and any
2375		-	3 adult living in the home. If any prospective foster or
2376		-	4 adoptive parent or other adult living in the home has resided
2377		-	5 in another state in the preceding 5 years, the Department
2378		-	6 shall request a check of that other state's child abuse and
2379		-	7 neglect registry.
2380		-	8 (v-3) Prior to the final approval of final placement of a
2381		-	9 related child in a certified relative caregiver home as
2382		-	10 defined in Section 2.37 of the Child Care Act of 1969, the
2383		-	11 Department shall ensure that the background screening meets
2384		-	12 the standards required under subsection (c) of Section 3.4 of
2385		-	13 the Child Care Act of 1969.
2386		-	14 (v-4) Prior to final approval for placement of a child
2387		-	15 with a relative, as defined in Section 4d of this Act, who is
2388		-	16 not a licensed foster parent, has declined to seek approval to
2389		-	17 be a certified relative caregiver, or was denied approval as a
2390		-	18 certified relative caregiver, the Department shall:
2391		-	19 (i) check the child abuse and neglect registry for
2392		-	20 information concerning the prospective relative caregiver
2393		-	21 and any other adult living in the home. If any prospective
2394		-	22 relative caregiver or other adult living in the home has
2395		-	23 resided in another state in the preceding 5 years, the
2396		-	24 Department shall request a check of that other state's
2397		-	25 child abuse and neglect registry; and
2398		-	26 (ii) conduct a criminal records background check of
2399		-
2400		-
2401		-
2402		-
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2409		-	1 the prospective relative caregiver and all other adults
2410		-	2 living in the home, including fingerprint-based checks of
2411		-	3 national crime information databases. Final approval for
2412		-	4 placement shall not be granted if the record check reveals
2413		-	5 a felony conviction for child abuse or neglect, for
2414		-	6 spousal abuse, for a crime against children, or for a
2415		-	7 crime involving violence, including rape, sexual assault,
2416		-	8 or homicide, but not including other physical assault or
2417		-	9 battery, or if there is a felony conviction for physical
2418		-	10 assault, battery, or a drug-related offense committed
2419		-	11 within the past 5 years; provided however, that the
2420		-	12 Department is empowered to grant a waiver as the
2421		-	13 Department may provide by rule, and the Department
2422		-	14 approves the request for the waiver based on a
2423		-	15 comprehensive evaluation of the caregiver and household
2424		-	16 members and the conditions relating to the safety of the
2425		-	17 placement.
2426		-	18 No later than July 1, 2025, the Department shall adopt
2427		-	19 rules or revise existing rules to effectuate the changes made
2428		-	20 to this subsection (v-4). The rules shall outline the
2429		-	21 essential elements of each form used in the implementation and
2430		-	22 enforcement of the provisions of this amendatory Act of the
2431		-	23 103rd General Assembly.
2432		-	24 (w) (Blank).
2433		-	25 (x) The Department shall conduct annual credit history
2434		-	26 checks to determine the financial history of children placed
2435		-
2436		-
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2445		-	1 under its guardianship pursuant to the Juvenile Court Act of
2446		-	2 1987. The Department shall conduct such credit checks starting
2447		-	3 when a youth in care turns 12 years old and each year
2448		-	4 thereafter for the duration of the guardianship as terminated
2449		-	5 pursuant to the Juvenile Court Act of 1987. The Department
2450		-	6 shall determine if financial exploitation of the child's
2451		-	7 personal information has occurred. If financial exploitation
2452		-	8 appears to have taken place or is presently ongoing, the
2453		-	9 Department shall notify the proper law enforcement agency, the
2454		-	10 proper State's Attorney, or the Attorney General.
2455		-	11 (y) Beginning on July 22, 2010 (the effective date of
2456		-	12 Public Act 96-1189), a child with a disability who receives
2457		-	13 residential and educational services from the Department shall
2458		-	14 be eligible to receive transition services in accordance with
2459		-	15 Article 14 of the School Code from the age of 14.5 through age
2460		-	16 21, inclusive, notwithstanding the child's residential
2461		-	17 services arrangement. For purposes of this subsection, "child
2462		-	18 with a disability" means a child with a disability as defined
2463		-	19 by the federal Individuals with Disabilities Education
2464		-	20 Improvement Act of 2004.
2465		-	21 (z) The Department shall access criminal history record
2466		-	22 information as defined as "background information" in this
2467		-	23 subsection and criminal history record information as defined
2468		-	24 in the Illinois Uniform Conviction Information Act for each
2469		-	25 Department employee or Department applicant. Each Department
2470		-	26 employee or Department applicant shall submit the employee's
2471		-
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2473		-
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2481		-	1 or applicant's fingerprints to the Illinois State Police in
2482		-	2 the form and manner prescribed by the Illinois State Police.
2483		-	3 These fingerprints shall be checked against the fingerprint
2484		-	4 records now and hereafter filed in the Illinois State Police
2485		-	5 and the Federal Bureau of Investigation criminal history
2486		-	6 records databases. The Illinois State Police shall charge a
2487		-	7 fee for conducting the criminal history record check, which
2488		-	8 shall be deposited into the State Police Services Fund and
2489		-	9 shall not exceed the actual cost of the record check. The
2490		-	10 Illinois State Police shall furnish, pursuant to positive
2491		-	11 identification, all Illinois conviction information to the
2492		-	12 Department of Children and Family Services.
2493		-	13 For purposes of this subsection:
2494		-	14 "Background information" means all of the following:
2495		-	15 (i) Upon the request of the Department of Children and
2496		-	16 Family Services, conviction information obtained from the
2497		-	17 Illinois State Police as a result of a fingerprint-based
2498		-	18 criminal history records check of the Illinois criminal
2499		-	19 history records database and the Federal Bureau of
2500		-	20 Investigation criminal history records database concerning
2501		-	21 a Department employee or Department applicant.
2502		-	22 (ii) Information obtained by the Department of
2503		-	23 Children and Family Services after performing a check of
2504		-	24 the Illinois State Police's Sex Offender Database, as
2505		-	25 authorized by Section 120 of the Sex Offender Community
2506		-	26 Notification Law, concerning a Department employee or
2507		-
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2510		-
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2517		-	1 Department applicant.
2518		-	2 (iii) Information obtained by the Department of
2519		-	3 Children and Family Services after performing a check of
2520		-	4 the Child Abuse and Neglect Tracking System (CANTS)
2521		-	5 operated and maintained by the Department.
2522		-	6 "Department employee" means a full-time or temporary
2523		-	7 employee coded or certified within the State of Illinois
2524		-	8 Personnel System.
2525		-	9 "Department applicant" means an individual who has
2526		-	10 conditional Department full-time or part-time work, a
2527		-	11 contractor, an individual used to replace or supplement staff,
2528		-	12 an academic intern, a volunteer in Department offices or on
2529		-	13 Department contracts, a work-study student, an individual or
2530		-	14 entity licensed by the Department, or an unlicensed service
2531		-	15 provider who works as a condition of a contract or an agreement
2532		-	16 and whose work may bring the unlicensed service provider into
2533		-	17 contact with Department clients or client records.
2534		-	18 (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
2535		-	19 102-1014, eff. 5-27-22; 103-22, eff. 8-8-23; 103-50, eff.
2536		-	20 1-1-24; 103-546, eff. 8-11-23; 103-605, eff. 7-1-24; 103-1061,
2537		-	21 eff. 7-1-25.)
2538		-	22 Section 95. No acceleration or delay. Where this Act makes
2539		-	23 changes in a statute that is represented in this Act by text
2540		-	24 that is not yet or no longer in effect (for example, a Section
2541		-	25 represented by multiple versions), the use of that text does
2542		-
2543		-
2544		-
2545		-
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2552		-	1 not accelerate or delay the taking effect of (i) the changes
2553		-	2 made by this Act or (ii) provisions derived from any other
2554		-	3 Public Act.
2555		-	4 Section 99. Effective date. This Act takes effect upon
2556		-	5 becoming law.
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