Illinois 2025-2026 Regular Session

Illinois House Bill HB1721 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1721 Introduced , by Rep. Amy Elik SYNOPSIS AS INTRODUCED: 20 ILCS 505/5 Amends the Children and Family Services Act. Provides that beginning on and after January 1, 2026, a foster family home that includes a pregnant or parenting youth in care and any child of the parenting youth shall be eligible to receive additional foster care payments from the Department of Children and Family Services to cover all reasonable costs incurred by the foster family in caring for the pregnant or parenting youth and any child of the parenting youth. Provides that the parenting youth must be the full-time custodial parent of the child for whom the foster family is requesting additional payment. Permits the Department to prescribe by rule which costs and expenses qualify as "reasonable costs" eligible for payment. Grants the Department rulemaking authority. Effective January 1, 2026. LRB104 03120 KTG 13141 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1721 Introduced , by Rep. Amy Elik SYNOPSIS AS INTRODUCED: 20 ILCS 505/5 20 ILCS 505/5 Amends the Children and Family Services Act. Provides that beginning on and after January 1, 2026, a foster family home that includes a pregnant or parenting youth in care and any child of the parenting youth shall be eligible to receive additional foster care payments from the Department of Children and Family Services to cover all reasonable costs incurred by the foster family in caring for the pregnant or parenting youth and any child of the parenting youth. Provides that the parenting youth must be the full-time custodial parent of the child for whom the foster family is requesting additional payment. Permits the Department to prescribe by rule which costs and expenses qualify as "reasonable costs" eligible for payment. Grants the Department rulemaking authority. Effective January 1, 2026. LRB104 03120 KTG 13141 b LRB104 03120 KTG 13141 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1721 Introduced , by Rep. Amy Elik SYNOPSIS AS INTRODUCED:
3	3	20 ILCS 505/5 20 ILCS 505/5
4	4	20 ILCS 505/5
5	5	Amends the Children and Family Services Act. Provides that beginning on and after January 1, 2026, a foster family home that includes a pregnant or parenting youth in care and any child of the parenting youth shall be eligible to receive additional foster care payments from the Department of Children and Family Services to cover all reasonable costs incurred by the foster family in caring for the pregnant or parenting youth and any child of the parenting youth. Provides that the parenting youth must be the full-time custodial parent of the child for whom the foster family is requesting additional payment. Permits the Department to prescribe by rule which costs and expenses qualify as "reasonable costs" eligible for payment. Grants the Department rulemaking authority. Effective January 1, 2026.
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8	8	A BILL FOR
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11	11	1 AN ACT concerning State government.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Children and Family Services Act is amended
15	15	5 by changing Section 5 as follows:
16	16	6 (20 ILCS 505/5)
17	17	7 Sec. 5. Direct child welfare services; Department of
18	18	8 Children and Family Services. To provide direct child welfare
19	19	9 services when not available through other public or private
20	20	10 child care or program facilities.
21	21	11 (a) For purposes of this Section:
22	22	12 (1) "Children" means persons found within the State
23	23	13 who are under the age of 18 years. The term also includes
24	24	14 persons under age 21 who:
25	25	15 (A) were committed to the Department pursuant to
26	26	16 the Juvenile Court Act or the Juvenile Court Act of
27	27	17 1987 and who continue under the jurisdiction of the
28	28	18 court; or
29	29	19 (B) were accepted for care, service and training
30	30	20 by the Department prior to the age of 18 and whose best
31	31	21 interest in the discretion of the Department would be
32	32	22 served by continuing that care, service and training
33	33	23 because of severe emotional disturbances, physical
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1721 Introduced , by Rep. Amy Elik SYNOPSIS AS INTRODUCED:
38	38	20 ILCS 505/5 20 ILCS 505/5
39	39	20 ILCS 505/5
40	40	Amends the Children and Family Services Act. Provides that beginning on and after January 1, 2026, a foster family home that includes a pregnant or parenting youth in care and any child of the parenting youth shall be eligible to receive additional foster care payments from the Department of Children and Family Services to cover all reasonable costs incurred by the foster family in caring for the pregnant or parenting youth and any child of the parenting youth. Provides that the parenting youth must be the full-time custodial parent of the child for whom the foster family is requesting additional payment. Permits the Department to prescribe by rule which costs and expenses qualify as "reasonable costs" eligible for payment. Grants the Department rulemaking authority. Effective January 1, 2026.
41	41	LRB104 03120 KTG 13141 b LRB104 03120 KTG 13141 b
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43	43	A BILL FOR
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68	68	1 disability, social adjustment or any combination
69	69	2 thereof, or because of the need to complete an
70	70	3 educational or vocational training program.
71	71	4 (2) "Homeless youth" means persons found within the
72	72	5 State who are under the age of 19, are not in a safe and
73	73	6 stable living situation and cannot be reunited with their
74	74	7 families.
75	75	8 (3) "Child welfare services" means public social
76	76	9 services which are directed toward the accomplishment of
77	77	10 the following purposes:
78	78	11 (A) protecting and promoting the health, safety
79	79	12 and welfare of children, including homeless,
80	80	13 dependent, or neglected children;
81	81	14 (B) remedying, or assisting in the solution of
82	82	15 problems which may result in, the neglect, abuse,
83	83	16 exploitation, or delinquency of children;
84	84	17 (C) preventing the unnecessary separation of
85	85	18 children from their families by identifying family
86	86	19 problems, assisting families in resolving their
87	87	20 problems, and preventing the breakup of the family
88	88	21 where the prevention of child removal is desirable and
89	89	22 possible when the child can be cared for at home
90	90	23 without endangering the child's health and safety;
91	91	24 (D) restoring to their families children who have
92	92	25 been removed, by the provision of services to the
93	93	26 child and the families when the child can be cared for
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104	104	1 at home without endangering the child's health and
105	105	2 safety;
106	106	3 (E) placing children in suitable permanent family
107	107	4 arrangements, through guardianship or adoption, in
108	108	5 cases where restoration to the birth family is not
109	109	6 safe, possible, or appropriate;
110	110	7 (F) at the time of placement, conducting
111	111	8 concurrent planning, as described in subsection (l-1)
112	112	9 of this Section, so that permanency may occur at the
113	113	10 earliest opportunity. Consideration should be given so
114	114	11 that if reunification fails or is delayed, the
115	115	12 placement made is the best available placement to
116	116	13 provide permanency for the child;
117	117	14 (G) (blank);
118	118	15 (H) (blank); and
119	119	16 (I) placing and maintaining children in facilities
120	120	17 that provide separate living quarters for children
121	121	18 under the age of 18 and for children 18 years of age
122	122	19 and older, unless a child 18 years of age is in the
123	123	20 last year of high school education or vocational
124	124	21 training, in an approved individual or group treatment
125	125	22 program, in a licensed shelter facility, or secure
126	126	23 child care facility. The Department is not required to
127	127	24 place or maintain children:
128	128	25 (i) who are in a foster home, or
129	129	26 (ii) who are persons with a developmental
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140	140	1 disability, as defined in the Mental Health and
141	141	2 Developmental Disabilities Code, or
142	142	3 (iii) who are female children who are
143	143	4 pregnant, pregnant and parenting, or parenting, or
144	144	5 (iv) who are siblings, in facilities that
145	145	6 provide separate living quarters for children 18
146	146	7 years of age and older and for children under 18
147	147	8 years of age.
148	148	9 (b) (Blank).
149	149	10 (b-5) The Department shall adopt rules to establish a
150	150	11 process for all licensed residential providers in Illinois to
151	151	12 submit data as required by the Department if they contract or
152	152	13 receive reimbursement for children's mental health, substance
153	153	14 use, and developmental disability services from the Department
154	154	15 of Human Services, the Department of Juvenile Justice, or the
155	155	16 Department of Healthcare and Family Services. The requested
156	156	17 data must include, but is not limited to, capacity, staffing,
157	157	18 and occupancy data for the purpose of establishing State need
158	158	19 and placement availability.
159	159	20 All information collected, shared, or stored pursuant to
160	160	21 this subsection shall be handled in accordance with all State
161	161	22 and federal privacy laws and accompanying regulations and
162	162	23 rules, including without limitation the federal Health
163	163	24 Insurance Portability and Accountability Act of 1996 (Public
164	164	25 Law 104-191) and the Mental Health and Developmental
165	165	26 Disabilities Confidentiality Act.
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176	176	1 (c) The Department shall establish and maintain
177	177	2 tax-supported child welfare services and extend and seek to
178	178	3 improve voluntary services throughout the State, to the end
179	179	4 that services and care shall be available on an equal basis
180	180	5 throughout the State to children requiring such services.
181	181	6 (d) The Director may authorize advance disbursements for
182	182	7 any new program initiative to any agency contracting with the
183	183	8 Department. As a prerequisite for an advance disbursement, the
184	184	9 contractor must post a surety bond in the amount of the advance
185	185	10 disbursement and have a purchase of service contract approved
186	186	11 by the Department. The Department may pay up to 2 months
187	187	12 operational expenses in advance. The amount of the advance
188	188	13 disbursement shall be prorated over the life of the contract
189	189	14 or the remaining months of the fiscal year, whichever is less,
190	190	15 and the installment amount shall then be deducted from future
191	191	16 bills. Advance disbursement authorizations for new initiatives
192	192	17 shall not be made to any agency after that agency has operated
193	193	18 during 2 consecutive fiscal years. The requirements of this
194	194	19 Section concerning advance disbursements shall not apply with
195	195	20 respect to the following: payments to local public agencies
196	196	21 for child day care services as authorized by Section 5a of this
197	197	22 Act; and youth service programs receiving grant funds under
198	198	23 Section 17a-4.
199	199	24 (e) (Blank).
200	200	25 (f) (Blank).
201	201	26 (g) The Department shall establish rules and regulations
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212	212	1 concerning its operation of programs designed to meet the
213	213	2 goals of child safety and protection, family preservation,
214	214	3 family reunification, and adoption, including, but not limited
215	215	4 to:
216	216	5 (1) adoption;
217	217	6 (2) foster care;
218	218	7 (3) family counseling;
219	219	8 (4) protective services;
220	220	9 (5) (blank);
221	221	10 (6) homemaker service;
222	222	11 (7) return of runaway children;
223	223	12 (8) (blank);
224	224	13 (9) placement under Section 5-7 of the Juvenile Court
225	225	14 Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
226	226	15 Court Act of 1987 in accordance with the federal Adoption
227	227	16 Assistance and Child Welfare Act of 1980; and
228	228	17 (10) interstate services.
229	229	18 Rules and regulations established by the Department shall
230	230	19 include provisions for training Department staff and the staff
231	231	20 of Department grantees, through contracts with other agencies
232	232	21 or resources, in screening techniques to identify substance
233	233	22 use disorders, as defined in the Substance Use Disorder Act,
234	234	23 approved by the Department of Human Services, as a successor
235	235	24 to the Department of Alcoholism and Substance Abuse, for the
236	236	25 purpose of identifying children and adults who should be
237	237	26 referred for an assessment at an organization appropriately
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248	248	1 licensed by the Department of Human Services for substance use
249	249	2 disorder treatment.
250	250	3 (h) If the Department finds that there is no appropriate
251	251	4 program or facility within or available to the Department for
252	252	5 a youth in care and that no licensed private facility has an
253	253	6 adequate and appropriate program or none agrees to accept the
254	254	7 youth in care, the Department shall create an appropriate
255	255	8 individualized, program-oriented plan for such youth in care.
256	256	9 The plan may be developed within the Department or through
257	257	10 purchase of services by the Department to the extent that it is
258	258	11 within its statutory authority to do.
259	259	12 (i) Service programs shall be available throughout the
260	260	13 State and shall include but not be limited to the following
261	261	14 services:
262	262	15 (1) case management;
263	263	16 (2) homemakers;
264	264	17 (3) counseling;
265	265	18 (4) parent education;
266	266	19 (5) day care; and
267	267	20 (6) emergency assistance and advocacy.
268	268	21 In addition, the following services may be made available
269	269	22 to assess and meet the needs of children and families:
270	270	23 (1) comprehensive family-based services;
271	271	24 (2) assessments;
272	272	25 (3) respite care; and
273	273	26 (4) in-home health services.
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284	284	1 The Department shall provide transportation for any of the
285	285	2 services it makes available to children or families or for
286	286	3 which it refers children or families.
287	287	4 (j) The Department may provide categories of financial
288	288	5 assistance and education assistance grants, and shall
289	289	6 establish rules and regulations concerning the assistance and
290	290	7 grants, to persons who adopt children with physical or mental
291	291	8 disabilities, children who are older, or other hard-to-place
292	292	9 children who (i) immediately prior to their adoption were
293	293	10 youth in care or (ii) were determined eligible for financial
294	294	11 assistance with respect to a prior adoption and who become
295	295	12 available for adoption because the prior adoption has been
296	296	13 dissolved and the parental rights of the adoptive parents have
297	297	14 been terminated or because the child's adoptive parents have
298	298	15 died. The Department may continue to provide financial
299	299	16 assistance and education assistance grants for a child who was
300	300	17 determined eligible for financial assistance under this
301	301	18 subsection (j) in the interim period beginning when the
302	302	19 child's adoptive parents died and ending with the finalization
303	303	20 of the new adoption of the child by another adoptive parent or
304	304	21 parents. The Department may also provide categories of
305	305	22 financial assistance and education assistance grants, and
306	306	23 shall establish rules and regulations for the assistance and
307	307	24 grants, to persons appointed guardian of the person under
308	308	25 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
309	309	26 4-25, or 5-740 of the Juvenile Court Act of 1987 for children
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320	320	1 who were youth in care for 12 months immediately prior to the
321	321	2 appointment of the guardian.
322	322	3 The amount of assistance may vary, depending upon the
323	323	4 needs of the child and the adoptive parents, as set forth in
324	324	5 the annual assistance agreement. Special purpose grants are
325	325	6 allowed where the child requires special service but such
326	326	7 costs may not exceed the amounts which similar services would
327	327	8 cost the Department if it were to provide or secure them as
328	328	9 guardian of the child.
329	329	10 Any financial assistance provided under this subsection is
330	330	11 inalienable by assignment, sale, execution, attachment,
331	331	12 garnishment, or any other remedy for recovery or collection of
332	332	13 a judgment or debt.
333	333	14 (j-5) The Department shall not deny or delay the placement
334	334	15 of a child for adoption if an approved family is available
335	335	16 either outside of the Department region handling the case, or
336	336	17 outside of the State of Illinois.
337	337	18 (k) The Department shall accept for care and training any
338	338	19 child who has been adjudicated neglected or abused, or
339	339	20 dependent committed to it pursuant to the Juvenile Court Act
340	340	21 or the Juvenile Court Act of 1987.
341	341	22 (l) The Department shall offer family preservation
342	342	23 services, as defined in Section 8.2 of the Abused and
343	343	24 Neglected Child Reporting Act, to help families, including
344	344	25 adoptive and extended families. Family preservation services
345	345	26 shall be offered (i) to prevent the placement of children in
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356	356	1 substitute care when the children can be cared for at home or
357	357	2 in the custody of the person responsible for the children's
358	358	3 welfare, (ii) to reunite children with their families, or
359	359	4 (iii) to maintain an adoptive placement. Family preservation
360	360	5 services shall only be offered when doing so will not endanger
361	361	6 the children's health or safety. With respect to children who
362	362	7 are in substitute care pursuant to the Juvenile Court Act of
363	363	8 1987, family preservation services shall not be offered if a
364	364	9 goal other than those of subdivisions (A), (B), or (B-1) of
365	365	10 subsection (2) of Section 2-28 of that Act has been set, except
366	366	11 that reunification services may be offered as provided in
367	367	12 paragraph (F) of subsection (2) of Section 2-28 of that Act.
368	368	13 Nothing in this paragraph shall be construed to create a
369	369	14 private right of action or claim on the part of any individual
370	370	15 or child welfare agency, except that when a child is the
371	371	16 subject of an action under Article II of the Juvenile Court Act
372	372	17 of 1987 and the child's service plan calls for services to
373	373	18 facilitate achievement of the permanency goal, the court
374	374	19 hearing the action under Article II of the Juvenile Court Act
375	375	20 of 1987 may order the Department to provide the services set
376	376	21 out in the plan, if those services are not provided with
377	377	22 reasonable promptness and if those services are available.
378	378	23 The Department shall notify the child and the child's
379	379	24 family of the Department's responsibility to offer and provide
380	380	25 family preservation services as identified in the service
381	381	26 plan. The child and the child's family shall be eligible for
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392	392	1 services as soon as the report is determined to be
393	393	2 "indicated". The Department may offer services to any child or
394	394	3 family with respect to whom a report of suspected child abuse
395	395	4 or neglect has been filed, prior to concluding its
396	396	5 investigation under Section 7.12 of the Abused and Neglected
397	397	6 Child Reporting Act. However, the child's or family's
398	398	7 willingness to accept services shall not be considered in the
399	399	8 investigation. The Department may also provide services to any
400	400	9 child or family who is the subject of any report of suspected
401	401	10 child abuse or neglect or may refer such child or family to
402	402	11 services available from other agencies in the community, even
403	403	12 if the report is determined to be unfounded, if the conditions
404	404	13 in the child's or family's home are reasonably likely to
405	405	14 subject the child or family to future reports of suspected
406	406	15 child abuse or neglect. Acceptance of such services shall be
407	407	16 voluntary. The Department may also provide services to any
408	408	17 child or family after completion of a family assessment, as an
409	409	18 alternative to an investigation, as provided under the
410	410	19 "differential response program" provided for in subsection
411	411	20 (a-5) of Section 7.4 of the Abused and Neglected Child
412	412	21 Reporting Act.
413	413	22 The Department may, at its discretion except for those
414	414	23 children also adjudicated neglected or dependent, accept for
415	415	24 care and training any child who has been adjudicated addicted,
416	416	25 as a truant minor in need of supervision or as a minor
417	417	26 requiring authoritative intervention, under the Juvenile Court
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428	428	1 Act or the Juvenile Court Act of 1987, but no such child shall
429	429	2 be committed to the Department by any court without the
430	430	3 approval of the Department. On and after January 1, 2015 (the
431	431	4 effective date of Public Act 98-803) and before January 1,
432	432	5 2017, a minor charged with a criminal offense under the
433	433	6 Criminal Code of 1961 or the Criminal Code of 2012 or
434	434	7 adjudicated delinquent shall not be placed in the custody of
435	435	8 or committed to the Department by any court, except (i) a minor
436	436	9 less than 16 years of age committed to the Department under
437	437	10 Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
438	438	11 for whom an independent basis of abuse, neglect, or dependency
439	439	12 exists, which must be defined by departmental rule, or (iii) a
440	440	13 minor for whom the court has granted a supplemental petition
441	441	14 to reinstate wardship pursuant to subsection (2) of Section
442	442	15 2-33 of the Juvenile Court Act of 1987. On and after January 1,
443	443	16 2017, a minor charged with a criminal offense under the
444	444	17 Criminal Code of 1961 or the Criminal Code of 2012 or
445	445	18 adjudicated delinquent shall not be placed in the custody of
446	446	19 or committed to the Department by any court, except (i) a minor
447	447	20 less than 15 years of age committed to the Department under
448	448	21 Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
449	449	22 for whom an independent basis of abuse, neglect, or dependency
450	450	23 exists, which must be defined by departmental rule, or (iii) a
451	451	24 minor for whom the court has granted a supplemental petition
452	452	25 to reinstate wardship pursuant to subsection (2) of Section
453	453	26 2-33 of the Juvenile Court Act of 1987. An independent basis
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464	464	1 exists when the allegations or adjudication of abuse, neglect,
465	465	2 or dependency do not arise from the same facts, incident, or
466	466	3 circumstances which give rise to a charge or adjudication of
467	467	4 delinquency. The Department shall assign a caseworker to
468	468	5 attend any hearing involving a youth in the care and custody of
469	469	6 the Department who is placed on aftercare release, including
470	470	7 hearings involving sanctions for violation of aftercare
471	471	8 release conditions and aftercare release revocation hearings.
472	472	9 As soon as is possible after August 7, 2009 (the effective
473	473	10 date of Public Act 96-134), the Department shall develop and
474	474	11 implement a special program of family preservation services to
475	475	12 support intact, foster, and adoptive families who are
476	476	13 experiencing extreme hardships due to the difficulty and
477	477	14 stress of caring for a child who has been diagnosed with a
478	478	15 pervasive developmental disorder if the Department determines
479	479	16 that those services are necessary to ensure the health and
480	480	17 safety of the child. The Department may offer services to any
481	481	18 family whether or not a report has been filed under the Abused
482	482	19 and Neglected Child Reporting Act. The Department may refer
483	483	20 the child or family to services available from other agencies
484	484	21 in the community if the conditions in the child's or family's
485	485	22 home are reasonably likely to subject the child or family to
486	486	23 future reports of suspected child abuse or neglect. Acceptance
487	487	24 of these services shall be voluntary. The Department shall
488	488	25 develop and implement a public information campaign to alert
489	489	26 health and social service providers and the general public
490	490
491	491
492	492
493	493
494	494
495	495	HB1721 - 13 - LRB104 03120 KTG 13141 b
496	496
497	497
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499	499	HB1721 - 14 - LRB104 03120 KTG 13141 b
500	500	1 about these special family preservation services. The nature
501	501	2 and scope of the services offered and the number of families
502	502	3 served under the special program implemented under this
503	503	4 paragraph shall be determined by the level of funding that the
504	504	5 Department annually allocates for this purpose. The term
505	505	6 "pervasive developmental disorder" under this paragraph means
506	506	7 a neurological condition, including, but not limited to,
507	507	8 Asperger's Syndrome and autism, as defined in the most recent
508	508	9 edition of the Diagnostic and Statistical Manual of Mental
509	509	10 Disorders of the American Psychiatric Association.
510	510	11 (l-1) The General Assembly recognizes that the best
511	511	12 interests of the child require that the child be placed in the
512	512	13 most permanent living arrangement as soon as is practically
513	513	14 possible. To achieve this goal, the General Assembly directs
514	514	15 the Department of Children and Family Services to conduct
515	515	16 concurrent planning so that permanency may occur at the
516	516	17 earliest opportunity. Permanent living arrangements may
517	517	18 include prevention of placement of a child outside the home of
518	518	19 the family when the child can be cared for at home without
519	519	20 endangering the child's health or safety; reunification with
520	520	21 the family, when safe and appropriate, if temporary placement
521	521	22 is necessary; or movement of the child toward the most
522	522	23 permanent living arrangement and permanent legal status.
523	523	24 When determining reasonable efforts to be made with
524	524	25 respect to a child, as described in this subsection, and in
525	525	26 making such reasonable efforts, the child's health and safety
526	526
527	527
528	528
529	529
530	530
531	531	HB1721 - 14 - LRB104 03120 KTG 13141 b
532	532
533	533
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535	535	HB1721 - 15 - LRB104 03120 KTG 13141 b
536	536	1 shall be the paramount concern.
537	537	2 When a child is placed in foster care, the Department
538	538	3 shall ensure and document that reasonable efforts were made to
539	539	4 prevent or eliminate the need to remove the child from the
540	540	5 child's home. The Department must make reasonable efforts to
541	541	6 reunify the family when temporary placement of the child
542	542	7 occurs unless otherwise required, pursuant to the Juvenile
543	543	8 Court Act of 1987. At any time after the dispositional hearing
544	544	9 where the Department believes that further reunification
545	545	10 services would be ineffective, it may request a finding from
546	546	11 the court that reasonable efforts are no longer appropriate.
547	547	12 The Department is not required to provide further
548	548	13 reunification services after such a finding.
549	549	14 A decision to place a child in substitute care shall be
550	550	15 made with considerations of the child's health, safety, and
551	551	16 best interests. At the time of placement, consideration should
552	552	17 also be given so that if reunification fails or is delayed, the
553	553	18 placement made is the best available placement to provide
554	554	19 permanency for the child.
555	555	20 The Department shall adopt rules addressing concurrent
556	556	21 planning for reunification and permanency. The Department
557	557	22 shall consider the following factors when determining
558	558	23 appropriateness of concurrent planning:
559	559	24 (1) the likelihood of prompt reunification;
560	560	25 (2) the past history of the family;
561	561	26 (3) the barriers to reunification being addressed by
562	562
563	563
564	564
565	565
566	566
567	567	HB1721 - 15 - LRB104 03120 KTG 13141 b
568	568
569	569
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571	571	HB1721 - 16 - LRB104 03120 KTG 13141 b
572	572	1 the family;
573	573	2 (4) the level of cooperation of the family;
574	574	3 (5) the foster parents' willingness to work with the
575	575	4 family to reunite;
576	576	5 (6) the willingness and ability of the foster family
577	577	6 to provide an adoptive home or long-term placement;
578	578	7 (7) the age of the child;
579	579	8 (8) placement of siblings.
580	580	9 (m) The Department may assume temporary custody of any
581	581	10 child if:
582	582	11 (1) it has received a written consent to such
583	583	12 temporary custody signed by the parents of the child or by
584	584	13 the parent having custody of the child if the parents are
585	585	14 not living together or by the guardian or custodian of the
586	586	15 child if the child is not in the custody of either parent,
587	587	16 or
588	588	17 (2) the child is found in the State and neither a
589	589	18 parent, guardian nor custodian of the child can be
590	590	19 located.
591	591	20 If the child is found in the child's residence without a
592	592	21 parent, guardian, custodian, or responsible caretaker, the
593	593	22 Department may, instead of removing the child and assuming
594	594	23 temporary custody, place an authorized representative of the
595	595	24 Department in that residence until such time as a parent,
596	596	25 guardian, or custodian enters the home and expresses a
597	597	26 willingness and apparent ability to ensure the child's health
598	598
599	599
600	600
601	601
602	602
603	603	HB1721 - 16 - LRB104 03120 KTG 13141 b
604	604
605	605
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607	607	HB1721 - 17 - LRB104 03120 KTG 13141 b
608	608	1 and safety and resume permanent charge of the child, or until a
609	609	2 relative enters the home and is willing and able to ensure the
610	610	3 child's health and safety and assume charge of the child until
611	611	4 a parent, guardian, or custodian enters the home and expresses
612	612	5 such willingness and ability to ensure the child's safety and
613	613	6 resume permanent charge. After a caretaker has remained in the
614	614	7 home for a period not to exceed 12 hours, the Department must
615	615	8 follow those procedures outlined in Section 2-9, 3-11, 4-8, or
616	616	9 5-415 of the Juvenile Court Act of 1987.
617	617	10 The Department shall have the authority, responsibilities
618	618	11 and duties that a legal custodian of the child would have
619	619	12 pursuant to subsection (9) of Section 1-3 of the Juvenile
620	620	13 Court Act of 1987. Whenever a child is taken into temporary
621	621	14 custody pursuant to an investigation under the Abused and
622	622	15 Neglected Child Reporting Act, or pursuant to a referral and
623	623	16 acceptance under the Juvenile Court Act of 1987 of a minor in
624	624	17 limited custody, the Department, during the period of
625	625	18 temporary custody and before the child is brought before a
626	626	19 judicial officer as required by Section 2-9, 3-11, 4-8, or
627	627	20 5-415 of the Juvenile Court Act of 1987, shall have the
628	628	21 authority, responsibilities and duties that a legal custodian
629	629	22 of the child would have under subsection (9) of Section 1-3 of
630	630	23 the Juvenile Court Act of 1987.
631	631	24 The Department shall ensure that any child taken into
632	632	25 custody is scheduled for an appointment for a medical
633	633	26 examination.
634	634
635	635
636	636
637	637
638	638
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640	640
641	641
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643	643	HB1721 - 18 - LRB104 03120 KTG 13141 b
644	644	1 A parent, guardian, or custodian of a child in the
645	645	2 temporary custody of the Department who would have custody of
646	646	3 the child if the child were not in the temporary custody of the
647	647	4 Department may deliver to the Department a signed request that
648	648	5 the Department surrender the temporary custody of the child.
649	649	6 The Department may retain temporary custody of the child for
650	650	7 10 days after the receipt of the request, during which period
651	651	8 the Department may cause to be filed a petition pursuant to the
652	652	9 Juvenile Court Act of 1987. If a petition is so filed, the
653	653	10 Department shall retain temporary custody of the child until
654	654	11 the court orders otherwise. If a petition is not filed within
655	655	12 the 10-day period, the child shall be surrendered to the
656	656	13 custody of the requesting parent, guardian, or custodian not
657	657	14 later than the expiration of the 10-day period, at which time
658	658	15 the authority and duties of the Department with respect to the
659	659	16 temporary custody of the child shall terminate.
660	660	17 (m-1) The Department may place children under 18 years of
661	661	18 age in a secure child care facility licensed by the Department
662	662	19 that cares for children who are in need of secure living
663	663	20 arrangements for their health, safety, and well-being after a
664	664	21 determination is made by the facility director and the
665	665	22 Director or the Director's designate prior to admission to the
666	666	23 facility subject to Section 2-27.1 of the Juvenile Court Act
667	667	24 of 1987. This subsection (m-1) does not apply to a child who is
668	668	25 subject to placement in a correctional facility operated
669	669	26 pursuant to Section 3-15-2 of the Unified Code of Corrections,
670	670
671	671
672	672
673	673
674	674
675	675	HB1721 - 18 - LRB104 03120 KTG 13141 b
676	676
677	677
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679	679	HB1721 - 19 - LRB104 03120 KTG 13141 b
680	680	1 unless the child is a youth in care who was placed in the care
681	681	2 of the Department before being subject to placement in a
682	682	3 correctional facility and a court of competent jurisdiction
683	683	4 has ordered placement of the child in a secure care facility.
684	684	5 (n) The Department may place children under 18 years of
685	685	6 age in licensed child care facilities when in the opinion of
686	686	7 the Department, appropriate services aimed at family
687	687	8 preservation have been unsuccessful and cannot ensure the
688	688	9 child's health and safety or are unavailable and such
689	689	10 placement would be for their best interest. Payment for board,
690	690	11 clothing, care, training and supervision of any child placed
691	691	12 in a licensed child care facility may be made by the
692	692	13 Department, by the parents or guardians of the estates of
693	693	14 those children, or by both the Department and the parents or
694	694	15 guardians, except that no payments shall be made by the
695	695	16 Department for any child placed in a licensed child care
696	696	17 facility for board, clothing, care, training, and supervision
697	697	18 of such a child that exceed the average per capita cost of
698	698	19 maintaining and of caring for a child in institutions for
699	699	20 dependent or neglected children operated by the Department.
700	700	21 However, such restriction on payments does not apply in cases
701	701	22 where children require specialized care and treatment for
702	702	23 problems of severe emotional disturbance, physical disability,
703	703	24 social adjustment, or any combination thereof and suitable
704	704	25 facilities for the placement of such children are not
705	705	26 available at payment rates within the limitations set forth in
706	706
707	707
708	708
709	709
710	710
711	711	HB1721 - 19 - LRB104 03120 KTG 13141 b
712	712
713	713
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715	715	HB1721 - 20 - LRB104 03120 KTG 13141 b
716	716	1 this Section. All reimbursements for services delivered shall
717	717	2 be absolutely inalienable by assignment, sale, attachment, or
718	718	3 garnishment or otherwise.
719	719	4 (n-1) The Department shall provide or authorize child
720	720	5 welfare services, aimed at assisting minors to achieve
721	721	6 sustainable self-sufficiency as independent adults, for any
722	722	7 minor eligible for the reinstatement of wardship pursuant to
723	723	8 subsection (2) of Section 2-33 of the Juvenile Court Act of
724	724	9 1987, whether or not such reinstatement is sought or allowed,
725	725	10 provided that the minor consents to such services and has not
726	726	11 yet attained the age of 21. The Department shall have
727	727	12 responsibility for the development and delivery of services
728	728	13 under this Section. An eligible youth may access services
729	729	14 under this Section through the Department of Children and
730	730	15 Family Services or by referral from the Department of Human
731	731	16 Services. Youth participating in services under this Section
732	732	17 shall cooperate with the assigned case manager in developing
733	733	18 an agreement identifying the services to be provided and how
734	734	19 the youth will increase skills to achieve self-sufficiency. A
735	735	20 homeless shelter is not considered appropriate housing for any
736	736	21 youth receiving child welfare services under this Section. The
737	737	22 Department shall continue child welfare services under this
738	738	23 Section to any eligible minor until the minor becomes 21 years
739	739	24 of age, no longer consents to participate, or achieves
740	740	25 self-sufficiency as identified in the minor's service plan.
741	741	26 The Department of Children and Family Services shall create
742	742
743	743
744	744
745	745
746	746
747	747	HB1721 - 20 - LRB104 03120 KTG 13141 b
748	748
749	749
750	750	HB1721- 21 -LRB104 03120 KTG 13141 b HB1721 - 21 - LRB104 03120 KTG 13141 b
751	751	HB1721 - 21 - LRB104 03120 KTG 13141 b
752	752	1 clear, readable notice of the rights of former foster youth to
753	753	2 child welfare services under this Section and how such
754	754	3 services may be obtained. The Department of Children and
755	755	4 Family Services and the Department of Human Services shall
756	756	5 disseminate this information statewide. The Department shall
757	757	6 adopt regulations describing services intended to assist
758	758	7 minors in achieving sustainable self-sufficiency as
759	759	8 independent adults.
760	760	9 (o) The Department shall establish an administrative
761	761	10 review and appeal process for children and families who
762	762	11 request or receive child welfare services from the Department.
763	763	12 Youth in care who are placed by private child welfare
764	764	13 agencies, and foster families with whom those youth are
765	765	14 placed, shall be afforded the same procedural and appeal
766	766	15 rights as children and families in the case of placement by the
767	767	16 Department, including the right to an initial review of a
768	768	17 private agency decision by that agency. The Department shall
769	769	18 ensure that any private child welfare agency, which accepts
770	770	19 youth in care for placement, affords those rights to children
771	771	20 and foster families. The Department shall accept for
772	772	21 administrative review and an appeal hearing a complaint made
773	773	22 by (i) a child or foster family concerning a decision
774	774	23 following an initial review by a private child welfare agency
775	775	24 or (ii) a prospective adoptive parent who alleges a violation
776	776	25 of subsection (j-5) of this Section. An appeal of a decision
777	777	26 concerning a change in the placement of a child shall be
778	778
779	779
780	780
781	781
782	782
783	783	HB1721 - 21 - LRB104 03120 KTG 13141 b
784	784
785	785
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787	787	HB1721 - 22 - LRB104 03120 KTG 13141 b
788	788	1 conducted in an expedited manner. A court determination that a
789	789	2 current foster home placement is necessary and appropriate
790	790	3 under Section 2-28 of the Juvenile Court Act of 1987 does not
791	791	4 constitute a judicial determination on the merits of an
792	792	5 administrative appeal, filed by a former foster parent,
793	793	6 involving a change of placement decision.
794	794	7 (p) (Blank).
795	795	8 (q) The Department may receive and use, in their entirety,
796	796	9 for the benefit of children any gift, donation, or bequest of
797	797	10 money or other property which is received on behalf of such
798	798	11 children, or any financial benefits to which such children are
799	799	12 or may become entitled while under the jurisdiction or care of
800	800	13 the Department, except that the benefits described in Section
801	801	14 5.46 must be used and conserved consistent with the provisions
802	802	15 under Section 5.46.
803	803	16 The Department shall set up and administer no-cost,
804	804	17 interest-bearing accounts in appropriate financial
805	805	18 institutions for children for whom the Department is legally
806	806	19 responsible and who have been determined eligible for
807	807	20 Veterans' Benefits, Social Security benefits, assistance
808	808	21 allotments from the armed forces, court ordered payments,
809	809	22 parental voluntary payments, Supplemental Security Income,
810	810	23 Railroad Retirement payments, Black Lung benefits, or other
811	811	24 miscellaneous payments. Interest earned by each account shall
812	812	25 be credited to the account, unless disbursed in accordance
813	813	26 with this subsection.
814	814
815	815
816	816
817	817
818	818
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820	820
821	821
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823	823	HB1721 - 23 - LRB104 03120 KTG 13141 b
824	824	1 In disbursing funds from children's accounts, the
825	825	2 Department shall:
826	826	3 (1) Establish standards in accordance with State and
827	827	4 federal laws for disbursing money from children's
828	828	5 accounts. In all circumstances, the Department's
829	829	6 Guardianship Administrator or the Guardianship
830	830	7 Administrator's designee must approve disbursements from
831	831	8 children's accounts. The Department shall be responsible
832	832	9 for keeping complete records of all disbursements for each
833	833	10 account for any purpose.
834	834	11 (2) Calculate on a monthly basis the amounts paid from
835	835	12 State funds for the child's board and care, medical care
836	836	13 not covered under Medicaid, and social services; and
837	837	14 utilize funds from the child's account, as covered by
838	838	15 regulation, to reimburse those costs. Monthly,
839	839	16 disbursements from all children's accounts, up to 1/12 of
840	840	17 $13,000,000, shall be deposited by the Department into the
841	841	18 General Revenue Fund and the balance over 1/12 of
842	842	19 $13,000,000 into the DCFS Children's Services Fund.
843	843	20 (3) Maintain any balance remaining after reimbursing
844	844	21 for the child's costs of care, as specified in item (2).
845	845	22 The balance shall accumulate in accordance with relevant
846	846	23 State and federal laws and shall be disbursed to the child
847	847	24 or the child's guardian or to the issuing agency.
848	848	25 (r) The Department shall promulgate regulations
849	849	26 encouraging all adoption agencies to voluntarily forward to
850	850
851	851
852	852
853	853
854	854
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856	856
857	857
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859	859	HB1721 - 24 - LRB104 03120 KTG 13141 b
860	860	1 the Department or its agent names and addresses of all persons
861	861	2 who have applied for and have been approved for adoption of a
862	862	3 hard-to-place child or child with a disability and the names
863	863	4 of such children who have not been placed for adoption. A list
864	864	5 of such names and addresses shall be maintained by the
865	865	6 Department or its agent, and coded lists which maintain the
866	866	7 confidentiality of the person seeking to adopt the child and
867	867	8 of the child shall be made available, without charge, to every
868	868	9 adoption agency in the State to assist the agencies in placing
869	869	10 such children for adoption. The Department may delegate to an
870	870	11 agent its duty to maintain and make available such lists. The
871	871	12 Department shall ensure that such agent maintains the
872	872	13 confidentiality of the person seeking to adopt the child and
873	873	14 of the child.
874	874	15 (s) The Department of Children and Family Services may
875	875	16 establish and implement a program to reimburse Department and
876	876	17 private child welfare agency foster parents licensed by the
877	877	18 Department of Children and Family Services for damages
878	878	19 sustained by the foster parents as a result of the malicious or
879	879	20 negligent acts of foster children, as well as providing third
880	880	21 party coverage for such foster parents with regard to actions
881	881	22 of foster children to other individuals. Such coverage will be
882	882	23 secondary to the foster parent liability insurance policy, if
883	883	24 applicable. The program shall be funded through appropriations
884	884	25 from the General Revenue Fund, specifically designated for
885	885	26 such purposes.
886	886
887	887
888	888
889	889
890	890
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892	892
893	893
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895	895	HB1721 - 25 - LRB104 03120 KTG 13141 b
896	896	1 (t) The Department shall perform home studies and
897	897	2 investigations and shall exercise supervision over visitation
898	898	3 as ordered by a court pursuant to the Illinois Marriage and
899	899	4 Dissolution of Marriage Act or the Adoption Act only if:
900	900	5 (1) an order entered by an Illinois court specifically
901	901	6 directs the Department to perform such services; and
902	902	7 (2) the court has ordered one or both of the parties to
903	903	8 the proceeding to reimburse the Department for its
904	904	9 reasonable costs for providing such services in accordance
905	905	10 with Department rules, or has determined that neither
906	906	11 party is financially able to pay.
907	907	12 The Department shall provide written notification to the
908	908	13 court of the specific arrangements for supervised visitation
909	909	14 and projected monthly costs within 60 days of the court order.
910	910	15 The Department shall send to the court information related to
911	911	16 the costs incurred except in cases where the court has
912	912	17 determined the parties are financially unable to pay. The
913	913	18 court may order additional periodic reports as appropriate.
914	914	19 (u) In addition to other information that must be
915	915	20 provided, whenever the Department places a child with a
916	916	21 prospective adoptive parent or parents, in a licensed foster
917	917	22 home, group home, or child care institution, or in a relative
918	918	23 home, the Department shall provide to the prospective adoptive
919	919	24 parent or parents or other caretaker:
920	920	25 (1) available detailed information concerning the
921	921	26 child's educational and health history, copies of
922	922
923	923
924	924
925	925
926	926
927	927	HB1721 - 25 - LRB104 03120 KTG 13141 b
928	928
929	929
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931	931	HB1721 - 26 - LRB104 03120 KTG 13141 b
932	932	1 immunization records (including insurance and medical card
933	933	2 information), a history of the child's previous
934	934	3 placements, if any, and reasons for placement changes
935	935	4 excluding any information that identifies or reveals the
936	936	5 location of any previous caretaker;
937	937	6 (2) a copy of the child's portion of the client
938	938	7 service plan, including any visitation arrangement, and
939	939	8 all amendments or revisions to it as related to the child;
940	940	9 and
941	941	10 (3) information containing details of the child's
942	942	11 individualized educational plan when the child is
943	943	12 receiving special education services.
944	944	13 The caretaker shall be informed of any known social or
945	945	14 behavioral information (including, but not limited to,
946	946	15 criminal background, fire setting, perpetuation of sexual
947	947	16 abuse, destructive behavior, and substance abuse) necessary to
948	948	17 care for and safeguard the children to be placed or currently
949	949	18 in the home. The Department may prepare a written summary of
950	950	19 the information required by this paragraph, which may be
951	951	20 provided to the foster or prospective adoptive parent in
952	952	21 advance of a placement. The foster or prospective adoptive
953	953	22 parent may review the supporting documents in the child's file
954	954	23 in the presence of casework staff. In the case of an emergency
955	955	24 placement, casework staff shall at least provide known
956	956	25 information verbally, if necessary, and must subsequently
957	957	26 provide the information in writing as required by this
958	958
959	959
960	960
961	961
962	962
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964	964
965	965
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967	967	HB1721 - 27 - LRB104 03120 KTG 13141 b
968	968	1 subsection.
969	969	2 The information described in this subsection shall be
970	970	3 provided in writing. In the case of emergency placements when
971	971	4 time does not allow prior review, preparation, and collection
972	972	5 of written information, the Department shall provide such
973	973	6 information as it becomes available. Within 10 business days
974	974	7 after placement, the Department shall obtain from the
975	975	8 prospective adoptive parent or parents or other caretaker a
976	976	9 signed verification of receipt of the information provided.
977	977	10 Within 10 business days after placement, the Department shall
978	978	11 provide to the child's guardian ad litem a copy of the
979	979	12 information provided to the prospective adoptive parent or
980	980	13 parents or other caretaker. The information provided to the
981	981	14 prospective adoptive parent or parents or other caretaker
982	982	15 shall be reviewed and approved regarding accuracy at the
983	983	16 supervisory level.
984	984	17 (u-5) Effective July 1, 1995, only foster care placements
985	985	18 licensed as foster family homes pursuant to the Child Care Act
986	986	19 of 1969 shall be eligible to receive foster care payments from
987	987	20 the Department. Relative caregivers who, as of July 1, 1995,
988	988	21 were approved pursuant to approved relative placement rules
989	989	22 previously promulgated by the Department at 89 Ill. Adm. Code
990	990	23 335 and had submitted an application for licensure as a foster
991	991	24 family home may continue to receive foster care payments only
992	992	25 until the Department determines that they may be licensed as a
993	993	26 foster family home or that their application for licensure is
994	994
995	995
996	996
997	997
998	998
999	999	HB1721 - 27 - LRB104 03120 KTG 13141 b
1000	1000
1001	1001
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1003	1003	HB1721 - 28 - LRB104 03120 KTG 13141 b
1004	1004	1 denied or until September 30, 1995, whichever occurs first.
1005	1005	2 (u-6) Beginning on and after January 1, 2026, a foster
1006	1006	3 family home that includes a pregnant or parenting youth in
1007	1007	4 care and any child of the parenting youth shall be eligible to
1008	1008	5 receive additional foster care payments from the Department to
1009	1009	6 cover all reasonable costs incurred by the foster family in
1010	1010	7 caring for the pregnant or parenting youth and any child of the
1011	1011	8 parenting youth. A parenting youth must be the full-time
1012	1012	9 custodial parent of the child for whom the foster family is
1013	1013	10 requesting additional payment under this subsection. The
1014	1014	11 Department may prescribe by rule which costs and expenses
1015	1015	12 qualify as "reasonable costs" eligible for payment under this
1016	1016	13 subsection. The Department may adopt any other rules necessary
1017	1017	14 to implement the provisions of this subsection.
1018	1018	15 (v) The Department shall access criminal history record
1019	1019	16 information as defined in the Illinois Uniform Conviction
1020	1020	17 Information Act and information maintained in the adjudicatory
1021	1021	18 and dispositional record system as defined in Section 2605-355
1022	1022	19 of the Illinois State Police Law if the Department determines
1023	1023	20 the information is necessary to perform its duties under the
1024	1024	21 Abused and Neglected Child Reporting Act, the Child Care Act
1025	1025	22 of 1969, and the Children and Family Services Act. The
1026	1026	23 Department shall provide for interactive computerized
1027	1027	24 communication and processing equipment that permits direct
1028	1028	25 on-line communication with the Illinois State Police's central
1029	1029	26 criminal history data repository. The Department shall comply
1030	1030
1031	1031
1032	1032
1033	1033
1034	1034
1035	1035	HB1721 - 28 - LRB104 03120 KTG 13141 b
1036	1036
1037	1037
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1039	1039	HB1721 - 29 - LRB104 03120 KTG 13141 b
1040	1040	1 with all certification requirements and provide certified
1041	1041	2 operators who have been trained by personnel from the Illinois
1042	1042	3 State Police. In addition, one Office of the Inspector General
1043	1043	4 investigator shall have training in the use of the criminal
1044	1044	5 history information access system and have access to the
1045	1045	6 terminal. The Department of Children and Family Services and
1046	1046	7 its employees shall abide by rules and regulations established
1047	1047	8 by the Illinois State Police relating to the access and
1048	1048	9 dissemination of this information.
1049	1049	10 (v-1) Prior to final approval for placement of a child,
1050	1050	11 the Department shall conduct a criminal records background
1051	1051	12 check of the prospective foster or adoptive parent, including
1052	1052	13 fingerprint-based checks of national crime information
1053	1053	14 databases. Final approval for placement shall not be granted
1054	1054	15 if the record check reveals a felony conviction for child
1055	1055	16 abuse or neglect, for spousal abuse, for a crime against
1056	1056	17 children, or for a crime involving violence, including rape,
1057	1057	18 sexual assault, or homicide, but not including other physical
1058	1058	19 assault or battery, or if there is a felony conviction for
1059	1059	20 physical assault, battery, or a drug-related offense committed
1060	1060	21 within the past 5 years.
1061	1061	22 (v-2) Prior to final approval for placement of a child,
1062	1062	23 the Department shall check its child abuse and neglect
1063	1063	24 registry for information concerning prospective foster and
1064	1064	25 adoptive parents, and any adult living in the home. If any
1065	1065	26 prospective foster or adoptive parent or other adult living in
1066	1066
1067	1067
1068	1068
1069	1069
1070	1070
1071	1071	HB1721 - 29 - LRB104 03120 KTG 13141 b
1072	1072
1073	1073
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1075	1075	HB1721 - 30 - LRB104 03120 KTG 13141 b
1076	1076	1 the home has resided in another state in the preceding 5 years,
1077	1077	2 the Department shall request a check of that other state's
1078	1078	3 child abuse and neglect registry.
1079	1079	4 (w) Within 120 days of August 20, 1995 (the effective date
1080	1080	5 of Public Act 89-392), the Department shall prepare and submit
1081	1081	6 to the Governor and the General Assembly, a written plan for
1082	1082	7 the development of in-state licensed secure child care
1083	1083	8 facilities that care for children who are in need of secure
1084	1084	9 living arrangements for their health, safety, and well-being.
1085	1085	10 For purposes of this subsection, secure care facility shall
1086	1086	11 mean a facility that is designed and operated to ensure that
1087	1087	12 all entrances and exits from the facility, a building or a
1088	1088	13 distinct part of the building, are under the exclusive control
1089	1089	14 of the staff of the facility, whether or not the child has the
1090	1090	15 freedom of movement within the perimeter of the facility,
1091	1091	16 building, or distinct part of the building. The plan shall
1092	1092	17 include descriptions of the types of facilities that are
1093	1093	18 needed in Illinois; the cost of developing these secure care
1094	1094	19 facilities; the estimated number of placements; the potential
1095	1095	20 cost savings resulting from the movement of children currently
1096	1096	21 out-of-state who are projected to be returned to Illinois; the
1097	1097	22 necessary geographic distribution of these facilities in
1098	1098	23 Illinois; and a proposed timetable for development of such
1099	1099	24 facilities.
1100	1100	25 (x) The Department shall conduct annual credit history
1101	1101	26 checks to determine the financial history of children placed
1102	1102
1103	1103
1104	1104
1105	1105
1106	1106
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1108	1108
1109	1109
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1112	1112	1 under its guardianship pursuant to the Juvenile Court Act of
1113	1113	2 1987. The Department shall conduct such credit checks starting
1114	1114	3 when a youth in care turns 12 years old and each year
1115	1115	4 thereafter for the duration of the guardianship as terminated
1116	1116	5 pursuant to the Juvenile Court Act of 1987. The Department
1117	1117	6 shall determine if financial exploitation of the child's
1118	1118	7 personal information has occurred. If financial exploitation
1119	1119	8 appears to have taken place or is presently ongoing, the
1120	1120	9 Department shall notify the proper law enforcement agency, the
1121	1121	10 proper State's Attorney, or the Attorney General.
1122	1122	11 (y) Beginning on July 22, 2010 (the effective date of
1123	1123	12 Public Act 96-1189), a child with a disability who receives
1124	1124	13 residential and educational services from the Department shall
1125	1125	14 be eligible to receive transition services in accordance with
1126	1126	15 Article 14 of the School Code from the age of 14.5 through age
1127	1127	16 21, inclusive, notwithstanding the child's residential
1128	1128	17 services arrangement. For purposes of this subsection, "child
1129	1129	18 with a disability" means a child with a disability as defined
1130	1130	19 by the federal Individuals with Disabilities Education
1131	1131	20 Improvement Act of 2004.
1132	1132	21 (z) The Department shall access criminal history record
1133	1133	22 information as defined as "background information" in this
1134	1134	23 subsection and criminal history record information as defined
1135	1135	24 in the Illinois Uniform Conviction Information Act for each
1136	1136	25 Department employee or Department applicant. Each Department
1137	1137	26 employee or Department applicant shall submit the employee's
1138	1138
1139	1139
1140	1140
1141	1141
1142	1142
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1144	1144
1145	1145
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1148	1148	1 or applicant's fingerprints to the Illinois State Police in
1149	1149	2 the form and manner prescribed by the Illinois State Police.
1150	1150	3 These fingerprints shall be checked against the fingerprint
1151	1151	4 records now and hereafter filed in the Illinois State Police
1152	1152	5 and the Federal Bureau of Investigation criminal history
1153	1153	6 records databases. The Illinois State Police shall charge a
1154	1154	7 fee for conducting the criminal history record check, which
1155	1155	8 shall be deposited into the State Police Services Fund and
1156	1156	9 shall not exceed the actual cost of the record check. The
1157	1157	10 Illinois State Police shall furnish, pursuant to positive
1158	1158	11 identification, all Illinois conviction information to the
1159	1159	12 Department of Children and Family Services.
1160	1160	13 For purposes of this subsection:
1161	1161	14 "Background information" means all of the following:
1162	1162	15 (i) Upon the request of the Department of Children and
1163	1163	16 Family Services, conviction information obtained from the
1164	1164	17 Illinois State Police as a result of a fingerprint-based
1165	1165	18 criminal history records check of the Illinois criminal
1166	1166	19 history records database and the Federal Bureau of
1167	1167	20 Investigation criminal history records database concerning
1168	1168	21 a Department employee or Department applicant.
1169	1169	22 (ii) Information obtained by the Department of
1170	1170	23 Children and Family Services after performing a check of
1171	1171	24 the Illinois State Police's Sex Offender Database, as
1172	1172	25 authorized by Section 120 of the Sex Offender Community
1173	1173	26 Notification Law, concerning a Department employee or
1174	1174
1175	1175
1176	1176
1177	1177
1178	1178
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1180	1180
1181	1181
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1184	1184	1 Department applicant.
1185	1185	2 (iii) Information obtained by the Department of
1186	1186	3 Children and Family Services after performing a check of
1187	1187	4 the Child Abuse and Neglect Tracking System (CANTS)
1188	1188	5 operated and maintained by the Department.
1189	1189	6 "Department employee" means a full-time or temporary
1190	1190	7 employee coded or certified within the State of Illinois
1191	1191	8 Personnel System.
1192	1192	9 "Department applicant" means an individual who has
1193	1193	10 conditional Department full-time or part-time work, a
1194	1194	11 contractor, an individual used to replace or supplement staff,
1195	1195	12 an academic intern, a volunteer in Department offices or on
1196	1196	13 Department contracts, a work-study student, an individual or
1197	1197	14 entity licensed by the Department, or an unlicensed service
1198	1198	15 provider who works as a condition of a contract or an agreement
1199	1199	16 and whose work may bring the unlicensed service provider into
1200	1200	17 contact with Department clients or client records.
1201	1201	18 (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
1202	1202	19 102-1014, eff. 5-27-22; 103-22, eff. 8-8-23; 103-50, eff.
1203	1203	20 1-1-24; 103-546, eff. 8-11-23; 103-605, eff. 7-1-24.)
1204	1204
1205	1205
1206	1206
1207	1207
1208	1208
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