Illinois 2025-2026 Regular Session

Illinois House Bill HB2945 Compare Versions

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

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2945 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED: 20 ILCS 505/5705 ILCS 405/2-17.1 Amends the Children and Family Services Act. Prohibits the Department of Children and Family Services from requiring Department volunteers to list or provide their social security numbers on any form prescribed by the Department that authorizes a criminal history record or background check. Requires the Department to amend its rule on authorization forms in accordance with the amendatory Act. Excludes the social security number of a Department volunteer from the definition of "background information." Amends the Juvenile Court Act of 1987. Provides that no person appointed to serve as a court appointed special advocate shall be required to list or provide his or her social security number on any form prescribed by the court that authorizes a criminal history record or background check. LRB104 08352 KTG 18403 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2945 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED: 20 ILCS 505/5705 ILCS 405/2-17.1 20 ILCS 505/5 705 ILCS 405/2-17.1 Amends the Children and Family Services Act. Prohibits the Department of Children and Family Services from requiring Department volunteers to list or provide their social security numbers on any form prescribed by the Department that authorizes a criminal history record or background check. Requires the Department to amend its rule on authorization forms in accordance with the amendatory Act. Excludes the social security number of a Department volunteer from the definition of "background information." Amends the Juvenile Court Act of 1987. Provides that no person appointed to serve as a court appointed special advocate shall be required to list or provide his or her social security number on any form prescribed by the court that authorizes a criminal history record or background check. LRB104 08352 KTG 18403 b LRB104 08352 KTG 18403 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2945 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED:
3	3	20 ILCS 505/5705 ILCS 405/2-17.1 20 ILCS 505/5 705 ILCS 405/2-17.1
4	4	20 ILCS 505/5
5	5	705 ILCS 405/2-17.1
6	6	Amends the Children and Family Services Act. Prohibits the Department of Children and Family Services from requiring Department volunteers to list or provide their social security numbers on any form prescribed by the Department that authorizes a criminal history record or background check. Requires the Department to amend its rule on authorization forms in accordance with the amendatory Act. Excludes the social security number of a Department volunteer from the definition of "background information." Amends the Juvenile Court Act of 1987. Provides that no person appointed to serve as a court appointed special advocate shall be required to list or provide his or her social security number on any form prescribed by the court that authorizes a criminal history record or background check.
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9	9	A BILL FOR
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11	11	HB2945 LRB104 08352 KTG 18403 b
12	12	1 AN ACT concerning State government.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Children and Family Services Act is amended
16	16	5 by changing Section 5 as follows:
17	17	6 (20 ILCS 505/5)
18	18	7 Sec. 5. Direct child welfare services; Department of
19	19	8 Children and Family Services. To provide direct child welfare
20	20	9 services when not available through other public or private
21	21	10 child care or program facilities.
22	22	11 (a) For purposes of this Section:
23	23	12 (1) "Children" means persons found within the State
24	24	13 who are under the age of 18 years. The term also includes
25	25	14 persons under age 21 who:
26	26	15 (A) were committed to the Department pursuant to
27	27	16 the Juvenile Court Act or the Juvenile Court Act of
28	28	17 1987 and who continue under the jurisdiction of the
29	29	18 court; or
30	30	19 (B) were accepted for care, service and training
31	31	20 by the Department prior to the age of 18 and whose best
32	32	21 interest in the discretion of the Department would be
33	33	22 served by continuing that care, service and training
34	34	23 because of severe emotional disturbances, physical
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38	38	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2945 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED:
39	39	20 ILCS 505/5705 ILCS 405/2-17.1 20 ILCS 505/5 705 ILCS 405/2-17.1
40	40	20 ILCS 505/5
41	41	705 ILCS 405/2-17.1
42	42	Amends the Children and Family Services Act. Prohibits the Department of Children and Family Services from requiring Department volunteers to list or provide their social security numbers on any form prescribed by the Department that authorizes a criminal history record or background check. Requires the Department to amend its rule on authorization forms in accordance with the amendatory Act. Excludes the social security number of a Department volunteer from the definition of "background information." Amends the Juvenile Court Act of 1987. Provides that no person appointed to serve as a court appointed special advocate shall be required to list or provide his or her social security number on any form prescribed by the court that authorizes a criminal history record or background check.
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45	45	A BILL FOR
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71	71	1 disability, social adjustment or any combination
72	72	2 thereof, or because of the need to complete an
73	73	3 educational or vocational training program.
74	74	4 (2) "Homeless youth" means persons found within the
75	75	5 State who are under the age of 19, are not in a safe and
76	76	6 stable living situation and cannot be reunited with their
77	77	7 families.
78	78	8 (3) "Child welfare services" means public social
79	79	9 services which are directed toward the accomplishment of
80	80	10 the following purposes:
81	81	11 (A) protecting and promoting the health, safety
82	82	12 and welfare of children, including homeless,
83	83	13 dependent, or neglected children;
84	84	14 (B) remedying, or assisting in the solution of
85	85	15 problems which may result in, the neglect, abuse,
86	86	16 exploitation, or delinquency of children;
87	87	17 (C) preventing the unnecessary separation of
88	88	18 children from their families by identifying family
89	89	19 problems, assisting families in resolving their
90	90	20 problems, and preventing the breakup of the family
91	91	21 where the prevention of child removal is desirable and
92	92	22 possible when the child can be cared for at home
93	93	23 without endangering the child's health and safety;
94	94	24 (D) restoring to their families children who have
95	95	25 been removed, by the provision of services to the
96	96	26 child and the families when the child can be cared for
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107	107	1 at home without endangering the child's health and
108	108	2 safety;
109	109	3 (E) placing children in suitable permanent family
110	110	4 arrangements, through guardianship or adoption, in
111	111	5 cases where restoration to the birth family is not
112	112	6 safe, possible, or appropriate;
113	113	7 (F) at the time of placement, conducting
114	114	8 concurrent planning, as described in subsection (l-1)
115	115	9 of this Section, so that permanency may occur at the
116	116	10 earliest opportunity. Consideration should be given so
117	117	11 that if reunification fails or is delayed, the
118	118	12 placement made is the best available placement to
119	119	13 provide permanency for the child;
120	120	14 (G) (blank);
121	121	15 (H) (blank); and
122	122	16 (I) placing and maintaining children in facilities
123	123	17 that provide separate living quarters for children
124	124	18 under the age of 18 and for children 18 years of age
125	125	19 and older, unless a child 18 years of age is in the
126	126	20 last year of high school education or vocational
127	127	21 training, in an approved individual or group treatment
128	128	22 program, in a licensed shelter facility, or secure
129	129	23 child care facility. The Department is not required to
130	130	24 place or maintain children:
131	131	25 (i) who are in a foster home, or
132	132	26 (ii) who are persons with a developmental
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143	143	1 disability, as defined in the Mental Health and
144	144	2 Developmental Disabilities Code, or
145	145	3 (iii) who are female children who are
146	146	4 pregnant, pregnant and parenting, or parenting, or
147	147	5 (iv) who are siblings, in facilities that
148	148	6 provide separate living quarters for children 18
149	149	7 years of age and older and for children under 18
150	150	8 years of age.
151	151	9 (b) (Blank).
152	152	10 (b-5) The Department shall adopt rules to establish a
153	153	11 process for all licensed residential providers in Illinois to
154	154	12 submit data as required by the Department if they contract or
155	155	13 receive reimbursement for children's mental health, substance
156	156	14 use, and developmental disability services from the Department
157	157	15 of Human Services, the Department of Juvenile Justice, or the
158	158	16 Department of Healthcare and Family Services. The requested
159	159	17 data must include, but is not limited to, capacity, staffing,
160	160	18 and occupancy data for the purpose of establishing State need
161	161	19 and placement availability.
162	162	20 All information collected, shared, or stored pursuant to
163	163	21 this subsection shall be handled in accordance with all State
164	164	22 and federal privacy laws and accompanying regulations and
165	165	23 rules, including without limitation the federal Health
166	166	24 Insurance Portability and Accountability Act of 1996 (Public
167	167	25 Law 104-191) and the Mental Health and Developmental
168	168	26 Disabilities Confidentiality Act.
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179	179	1 (c) The Department shall establish and maintain
180	180	2 tax-supported child welfare services and extend and seek to
181	181	3 improve voluntary services throughout the State, to the end
182	182	4 that services and care shall be available on an equal basis
183	183	5 throughout the State to children requiring such services.
184	184	6 (d) The Director may authorize advance disbursements for
185	185	7 any new program initiative to any agency contracting with the
186	186	8 Department. As a prerequisite for an advance disbursement, the
187	187	9 contractor must post a surety bond in the amount of the advance
188	188	10 disbursement and have a purchase of service contract approved
189	189	11 by the Department. The Department may pay up to 2 months
190	190	12 operational expenses in advance. The amount of the advance
191	191	13 disbursement shall be prorated over the life of the contract
192	192	14 or the remaining months of the fiscal year, whichever is less,
193	193	15 and the installment amount shall then be deducted from future
194	194	16 bills. Advance disbursement authorizations for new initiatives
195	195	17 shall not be made to any agency after that agency has operated
196	196	18 during 2 consecutive fiscal years. The requirements of this
197	197	19 Section concerning advance disbursements shall not apply with
198	198	20 respect to the following: payments to local public agencies
199	199	21 for child day care services as authorized by Section 5a of this
200	200	22 Act; and youth service programs receiving grant funds under
201	201	23 Section 17a-4.
202	202	24 (e) (Blank).
203	203	25 (f) (Blank).
204	204	26 (g) The Department shall establish rules and regulations
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215	215	1 concerning its operation of programs designed to meet the
216	216	2 goals of child safety and protection, family preservation,
217	217	3 family reunification, and adoption, including, but not limited
218	218	4 to:
219	219	5 (1) adoption;
220	220	6 (2) foster care;
221	221	7 (3) family counseling;
222	222	8 (4) protective services;
223	223	9 (5) (blank);
224	224	10 (6) homemaker service;
225	225	11 (7) return of runaway children;
226	226	12 (8) (blank);
227	227	13 (9) placement under Section 5-7 of the Juvenile Court
228	228	14 Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
229	229	15 Court Act of 1987 in accordance with the federal Adoption
230	230	16 Assistance and Child Welfare Act of 1980; and
231	231	17 (10) interstate services.
232	232	18 Rules and regulations established by the Department shall
233	233	19 include provisions for training Department staff and the staff
234	234	20 of Department grantees, through contracts with other agencies
235	235	21 or resources, in screening techniques to identify substance
236	236	22 use disorders, as defined in the Substance Use Disorder Act,
237	237	23 approved by the Department of Human Services, as a successor
238	238	24 to the Department of Alcoholism and Substance Abuse, for the
239	239	25 purpose of identifying children and adults who should be
240	240	26 referred for an assessment at an organization appropriately
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251	251	1 licensed by the Department of Human Services for substance use
252	252	2 disorder treatment.
253	253	3 (h) If the Department finds that there is no appropriate
254	254	4 program or facility within or available to the Department for
255	255	5 a youth in care and that no licensed private facility has an
256	256	6 adequate and appropriate program or none agrees to accept the
257	257	7 youth in care, the Department shall create an appropriate
258	258	8 individualized, program-oriented plan for such youth in care.
259	259	9 The plan may be developed within the Department or through
260	260	10 purchase of services by the Department to the extent that it is
261	261	11 within its statutory authority to do.
262	262	12 (i) Service programs shall be available throughout the
263	263	13 State and shall include but not be limited to the following
264	264	14 services:
265	265	15 (1) case management;
266	266	16 (2) homemakers;
267	267	17 (3) counseling;
268	268	18 (4) parent education;
269	269	19 (5) day care; and
270	270	20 (6) emergency assistance and advocacy.
271	271	21 In addition, the following services may be made available
272	272	22 to assess and meet the needs of children and families:
273	273	23 (1) comprehensive family-based services;
274	274	24 (2) assessments;
275	275	25 (3) respite care; and
276	276	26 (4) in-home health services.
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287	287	1 The Department shall provide transportation for any of the
288	288	2 services it makes available to children or families or for
289	289	3 which it refers children or families.
290	290	4 (j) The Department may provide categories of financial
291	291	5 assistance and education assistance grants, and shall
292	292	6 establish rules and regulations concerning the assistance and
293	293	7 grants, to persons who adopt children with physical or mental
294	294	8 disabilities, children who are older, or other hard-to-place
295	295	9 children who (i) immediately prior to their adoption were
296	296	10 youth in care or (ii) were determined eligible for financial
297	297	11 assistance with respect to a prior adoption and who become
298	298	12 available for adoption because the prior adoption has been
299	299	13 dissolved and the parental rights of the adoptive parents have
300	300	14 been terminated or because the child's adoptive parents have
301	301	15 died. The Department may continue to provide financial
302	302	16 assistance and education assistance grants for a child who was
303	303	17 determined eligible for financial assistance under this
304	304	18 subsection (j) in the interim period beginning when the
305	305	19 child's adoptive parents died and ending with the finalization
306	306	20 of the new adoption of the child by another adoptive parent or
307	307	21 parents. The Department may also provide categories of
308	308	22 financial assistance and education assistance grants, and
309	309	23 shall establish rules and regulations for the assistance and
310	310	24 grants, to persons appointed guardian of the person under
311	311	25 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
312	312	26 4-25, or 5-740 of the Juvenile Court Act of 1987 for children
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323	323	1 who were youth in care for 12 months immediately prior to the
324	324	2 appointment of the guardian.
325	325	3 The amount of assistance may vary, depending upon the
326	326	4 needs of the child and the adoptive parents, as set forth in
327	327	5 the annual assistance agreement. Special purpose grants are
328	328	6 allowed where the child requires special service but such
329	329	7 costs may not exceed the amounts which similar services would
330	330	8 cost the Department if it were to provide or secure them as
331	331	9 guardian of the child.
332	332	10 Any financial assistance provided under this subsection is
333	333	11 inalienable by assignment, sale, execution, attachment,
334	334	12 garnishment, or any other remedy for recovery or collection of
335	335	13 a judgment or debt.
336	336	14 (j-5) The Department shall not deny or delay the placement
337	337	15 of a child for adoption if an approved family is available
338	338	16 either outside of the Department region handling the case, or
339	339	17 outside of the State of Illinois.
340	340	18 (k) The Department shall accept for care and training any
341	341	19 child who has been adjudicated neglected or abused, or
342	342	20 dependent committed to it pursuant to the Juvenile Court Act
343	343	21 or the Juvenile Court Act of 1987.
344	344	22 (l) The Department shall offer family preservation
345	345	23 services, as defined in Section 8.2 of the Abused and
346	346	24 Neglected Child Reporting Act, to help families, including
347	347	25 adoptive and extended families. Family preservation services
348	348	26 shall be offered (i) to prevent the placement of children in
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359	359	1 substitute care when the children can be cared for at home or
360	360	2 in the custody of the person responsible for the children's
361	361	3 welfare, (ii) to reunite children with their families, or
362	362	4 (iii) to maintain an adoptive placement. Family preservation
363	363	5 services shall only be offered when doing so will not endanger
364	364	6 the children's health or safety. With respect to children who
365	365	7 are in substitute care pursuant to the Juvenile Court Act of
366	366	8 1987, family preservation services shall not be offered if a
367	367	9 goal other than those of subdivisions (A), (B), or (B-1) of
368	368	10 subsection (2) of Section 2-28 of that Act has been set, except
369	369	11 that reunification services may be offered as provided in
370	370	12 paragraph (F) of subsection (2) of Section 2-28 of that Act.
371	371	13 Nothing in this paragraph shall be construed to create a
372	372	14 private right of action or claim on the part of any individual
373	373	15 or child welfare agency, except that when a child is the
374	374	16 subject of an action under Article II of the Juvenile Court Act
375	375	17 of 1987 and the child's service plan calls for services to
376	376	18 facilitate achievement of the permanency goal, the court
377	377	19 hearing the action under Article II of the Juvenile Court Act
378	378	20 of 1987 may order the Department to provide the services set
379	379	21 out in the plan, if those services are not provided with
380	380	22 reasonable promptness and if those services are available.
381	381	23 The Department shall notify the child and the child's
382	382	24 family of the Department's responsibility to offer and provide
383	383	25 family preservation services as identified in the service
384	384	26 plan. The child and the child's family shall be eligible for
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395	395	1 services as soon as the report is determined to be
396	396	2 "indicated". The Department may offer services to any child or
397	397	3 family with respect to whom a report of suspected child abuse
398	398	4 or neglect has been filed, prior to concluding its
399	399	5 investigation under Section 7.12 of the Abused and Neglected
400	400	6 Child Reporting Act. However, the child's or family's
401	401	7 willingness to accept services shall not be considered in the
402	402	8 investigation. The Department may also provide services to any
403	403	9 child or family who is the subject of any report of suspected
404	404	10 child abuse or neglect or may refer such child or family to
405	405	11 services available from other agencies in the community, even
406	406	12 if the report is determined to be unfounded, if the conditions
407	407	13 in the child's or family's home are reasonably likely to
408	408	14 subject the child or family to future reports of suspected
409	409	15 child abuse or neglect. Acceptance of such services shall be
410	410	16 voluntary. The Department may also provide services to any
411	411	17 child or family after completion of a family assessment, as an
412	412	18 alternative to an investigation, as provided under the
413	413	19 "differential response program" provided for in subsection
414	414	20 (a-5) of Section 7.4 of the Abused and Neglected Child
415	415	21 Reporting Act.
416	416	22 The Department may, at its discretion except for those
417	417	23 children also adjudicated neglected or dependent, accept for
418	418	24 care and training any child who has been adjudicated addicted,
419	419	25 as a truant minor in need of supervision or as a minor
420	420	26 requiring authoritative intervention, under the Juvenile Court
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431	431	1 Act or the Juvenile Court Act of 1987, but no such child shall
432	432	2 be committed to the Department by any court without the
433	433	3 approval of the Department. On and after January 1, 2015 (the
434	434	4 effective date of Public Act 98-803) and before January 1,
435	435	5 2017, a minor charged with a criminal offense under the
436	436	6 Criminal Code of 1961 or the Criminal Code of 2012 or
437	437	7 adjudicated delinquent shall not be placed in the custody of
438	438	8 or committed to the Department by any court, except (i) a minor
439	439	9 less than 16 years of age committed to the Department under
440	440	10 Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
441	441	11 for whom an independent basis of abuse, neglect, or dependency
442	442	12 exists, which must be defined by departmental rule, or (iii) a
443	443	13 minor for whom the court has granted a supplemental petition
444	444	14 to reinstate wardship pursuant to subsection (2) of Section
445	445	15 2-33 of the Juvenile Court Act of 1987. On and after January 1,
446	446	16 2017, a minor charged with a criminal offense under the
447	447	17 Criminal Code of 1961 or the Criminal Code of 2012 or
448	448	18 adjudicated delinquent shall not be placed in the custody of
449	449	19 or committed to the Department by any court, except (i) a minor
450	450	20 less than 15 years of age committed to the Department under
451	451	21 Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
452	452	22 for whom an independent basis of abuse, neglect, or dependency
453	453	23 exists, which must be defined by departmental rule, or (iii) a
454	454	24 minor for whom the court has granted a supplemental petition
455	455	25 to reinstate wardship pursuant to subsection (2) of Section
456	456	26 2-33 of the Juvenile Court Act of 1987. An independent basis
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467	467	1 exists when the allegations or adjudication of abuse, neglect,
468	468	2 or dependency do not arise from the same facts, incident, or
469	469	3 circumstances which give rise to a charge or adjudication of
470	470	4 delinquency. The Department shall assign a caseworker to
471	471	5 attend any hearing involving a youth in the care and custody of
472	472	6 the Department who is placed on aftercare release, including
473	473	7 hearings involving sanctions for violation of aftercare
474	474	8 release conditions and aftercare release revocation hearings.
475	475	9 As soon as is possible after August 7, 2009 (the effective
476	476	10 date of Public Act 96-134), the Department shall develop and
477	477	11 implement a special program of family preservation services to
478	478	12 support intact, foster, and adoptive families who are
479	479	13 experiencing extreme hardships due to the difficulty and
480	480	14 stress of caring for a child who has been diagnosed with a
481	481	15 pervasive developmental disorder if the Department determines
482	482	16 that those services are necessary to ensure the health and
483	483	17 safety of the child. The Department may offer services to any
484	484	18 family whether or not a report has been filed under the Abused
485	485	19 and Neglected Child Reporting Act. The Department may refer
486	486	20 the child or family to services available from other agencies
487	487	21 in the community if the conditions in the child's or family's
488	488	22 home are reasonably likely to subject the child or family to
489	489	23 future reports of suspected child abuse or neglect. Acceptance
490	490	24 of these services shall be voluntary. The Department shall
491	491	25 develop and implement a public information campaign to alert
492	492	26 health and social service providers and the general public
493	493
494	494
495	495
496	496
497	497
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499	499
500	500
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503	503	1 about these special family preservation services. The nature
504	504	2 and scope of the services offered and the number of families
505	505	3 served under the special program implemented under this
506	506	4 paragraph shall be determined by the level of funding that the
507	507	5 Department annually allocates for this purpose. The term
508	508	6 "pervasive developmental disorder" under this paragraph means
509	509	7 a neurological condition, including, but not limited to,
510	510	8 Asperger's Syndrome and autism, as defined in the most recent
511	511	9 edition of the Diagnostic and Statistical Manual of Mental
512	512	10 Disorders of the American Psychiatric Association.
513	513	11 (l-1) The General Assembly recognizes that the best
514	514	12 interests of the child require that the child be placed in the
515	515	13 most permanent living arrangement as soon as is practically
516	516	14 possible. To achieve this goal, the General Assembly directs
517	517	15 the Department of Children and Family Services to conduct
518	518	16 concurrent planning so that permanency may occur at the
519	519	17 earliest opportunity. Permanent living arrangements may
520	520	18 include prevention of placement of a child outside the home of
521	521	19 the family when the child can be cared for at home without
522	522	20 endangering the child's health or safety; reunification with
523	523	21 the family, when safe and appropriate, if temporary placement
524	524	22 is necessary; or movement of the child toward the most
525	525	23 permanent living arrangement and permanent legal status.
526	526	24 When determining reasonable efforts to be made with
527	527	25 respect to a child, as described in this subsection, and in
528	528	26 making such reasonable efforts, the child's health and safety
529	529
530	530
531	531
532	532
533	533
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535	535
536	536
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538	538	HB2945 - 15 - LRB104 08352 KTG 18403 b
539	539	1 shall be the paramount concern.
540	540	2 When a child is placed in foster care, the Department
541	541	3 shall ensure and document that reasonable efforts were made to
542	542	4 prevent or eliminate the need to remove the child from the
543	543	5 child's home. The Department must make reasonable efforts to
544	544	6 reunify the family when temporary placement of the child
545	545	7 occurs unless otherwise required, pursuant to the Juvenile
546	546	8 Court Act of 1987. At any time after the dispositional hearing
547	547	9 where the Department believes that further reunification
548	548	10 services would be ineffective, it may request a finding from
549	549	11 the court that reasonable efforts are no longer appropriate.
550	550	12 The Department is not required to provide further
551	551	13 reunification services after such a finding.
552	552	14 A decision to place a child in substitute care shall be
553	553	15 made with considerations of the child's health, safety, and
554	554	16 best interests. At the time of placement, consideration should
555	555	17 also be given so that if reunification fails or is delayed, the
556	556	18 placement made is the best available placement to provide
557	557	19 permanency for the child.
558	558	20 The Department shall adopt rules addressing concurrent
559	559	21 planning for reunification and permanency. The Department
560	560	22 shall consider the following factors when determining
561	561	23 appropriateness of concurrent planning:
562	562	24 (1) the likelihood of prompt reunification;
563	563	25 (2) the past history of the family;
564	564	26 (3) the barriers to reunification being addressed by
565	565
566	566
567	567
568	568
569	569
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571	571
572	572
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574	574	HB2945 - 16 - LRB104 08352 KTG 18403 b
575	575	1 the family;
576	576	2 (4) the level of cooperation of the family;
577	577	3 (5) the foster parents' willingness to work with the
578	578	4 family to reunite;
579	579	5 (6) the willingness and ability of the foster family
580	580	6 to provide an adoptive home or long-term placement;
581	581	7 (7) the age of the child;
582	582	8 (8) placement of siblings.
583	583	9 (m) The Department may assume temporary custody of any
584	584	10 child if:
585	585	11 (1) it has received a written consent to such
586	586	12 temporary custody signed by the parents of the child or by
587	587	13 the parent having custody of the child if the parents are
588	588	14 not living together or by the guardian or custodian of the
589	589	15 child if the child is not in the custody of either parent,
590	590	16 or
591	591	17 (2) the child is found in the State and neither a
592	592	18 parent, guardian nor custodian of the child can be
593	593	19 located.
594	594	20 If the child is found in the child's residence without a
595	595	21 parent, guardian, custodian, or responsible caretaker, the
596	596	22 Department may, instead of removing the child and assuming
597	597	23 temporary custody, place an authorized representative of the
598	598	24 Department in that residence until such time as a parent,
599	599	25 guardian, or custodian enters the home and expresses a
600	600	26 willingness and apparent ability to ensure the child's health
601	601
602	602
603	603
604	604
605	605
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607	607
608	608
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610	610	HB2945 - 17 - LRB104 08352 KTG 18403 b
611	611	1 and safety and resume permanent charge of the child, or until a
612	612	2 relative enters the home and is willing and able to ensure the
613	613	3 child's health and safety and assume charge of the child until
614	614	4 a parent, guardian, or custodian enters the home and expresses
615	615	5 such willingness and ability to ensure the child's safety and
616	616	6 resume permanent charge. After a caretaker has remained in the
617	617	7 home for a period not to exceed 12 hours, the Department must
618	618	8 follow those procedures outlined in Section 2-9, 3-11, 4-8, or
619	619	9 5-415 of the Juvenile Court Act of 1987.
620	620	10 The Department shall have the authority, responsibilities
621	621	11 and duties that a legal custodian of the child would have
622	622	12 pursuant to subsection (9) of Section 1-3 of the Juvenile
623	623	13 Court Act of 1987. Whenever a child is taken into temporary
624	624	14 custody pursuant to an investigation under the Abused and
625	625	15 Neglected Child Reporting Act, or pursuant to a referral and
626	626	16 acceptance under the Juvenile Court Act of 1987 of a minor in
627	627	17 limited custody, the Department, during the period of
628	628	18 temporary custody and before the child is brought before a
629	629	19 judicial officer as required by Section 2-9, 3-11, 4-8, or
630	630	20 5-415 of the Juvenile Court Act of 1987, shall have the
631	631	21 authority, responsibilities and duties that a legal custodian
632	632	22 of the child would have under subsection (9) of Section 1-3 of
633	633	23 the Juvenile Court Act of 1987.
634	634	24 The Department shall ensure that any child taken into
635	635	25 custody is scheduled for an appointment for a medical
636	636	26 examination.
637	637
638	638
639	639
640	640
641	641
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643	643
644	644
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646	646	HB2945 - 18 - LRB104 08352 KTG 18403 b
647	647	1 A parent, guardian, or custodian of a child in the
648	648	2 temporary custody of the Department who would have custody of
649	649	3 the child if the child were not in the temporary custody of the
650	650	4 Department may deliver to the Department a signed request that
651	651	5 the Department surrender the temporary custody of the child.
652	652	6 The Department may retain temporary custody of the child for
653	653	7 10 days after the receipt of the request, during which period
654	654	8 the Department may cause to be filed a petition pursuant to the
655	655	9 Juvenile Court Act of 1987. If a petition is so filed, the
656	656	10 Department shall retain temporary custody of the child until
657	657	11 the court orders otherwise. If a petition is not filed within
658	658	12 the 10-day period, the child shall be surrendered to the
659	659	13 custody of the requesting parent, guardian, or custodian not
660	660	14 later than the expiration of the 10-day period, at which time
661	661	15 the authority and duties of the Department with respect to the
662	662	16 temporary custody of the child shall terminate.
663	663	17 (m-1) The Department may place children under 18 years of
664	664	18 age in a secure child care facility licensed by the Department
665	665	19 that cares for children who are in need of secure living
666	666	20 arrangements for their health, safety, and well-being after a
667	667	21 determination is made by the facility director and the
668	668	22 Director or the Director's designate prior to admission to the
669	669	23 facility subject to Section 2-27.1 of the Juvenile Court Act
670	670	24 of 1987. This subsection (m-1) does not apply to a child who is
671	671	25 subject to placement in a correctional facility operated
672	672	26 pursuant to Section 3-15-2 of the Unified Code of Corrections,
673	673
674	674
675	675
676	676
677	677
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679	679
680	680
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682	682	HB2945 - 19 - LRB104 08352 KTG 18403 b
683	683	1 unless the child is a youth in care who was placed in the care
684	684	2 of the Department before being subject to placement in a
685	685	3 correctional facility and a court of competent jurisdiction
686	686	4 has ordered placement of the child in a secure care facility.
687	687	5 (n) The Department may place children under 18 years of
688	688	6 age in licensed child care facilities when in the opinion of
689	689	7 the Department, appropriate services aimed at family
690	690	8 preservation have been unsuccessful and cannot ensure the
691	691	9 child's health and safety or are unavailable and such
692	692	10 placement would be for their best interest. Payment for board,
693	693	11 clothing, care, training and supervision of any child placed
694	694	12 in a licensed child care facility may be made by the
695	695	13 Department, by the parents or guardians of the estates of
696	696	14 those children, or by both the Department and the parents or
697	697	15 guardians, except that no payments shall be made by the
698	698	16 Department for any child placed in a licensed child care
699	699	17 facility for board, clothing, care, training, and supervision
700	700	18 of such a child that exceed the average per capita cost of
701	701	19 maintaining and of caring for a child in institutions for
702	702	20 dependent or neglected children operated by the Department.
703	703	21 However, such restriction on payments does not apply in cases
704	704	22 where children require specialized care and treatment for
705	705	23 problems of severe emotional disturbance, physical disability,
706	706	24 social adjustment, or any combination thereof and suitable
707	707	25 facilities for the placement of such children are not
708	708	26 available at payment rates within the limitations set forth in
709	709
710	710
711	711
712	712
713	713
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715	715
716	716
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718	718	HB2945 - 20 - LRB104 08352 KTG 18403 b
719	719	1 this Section. All reimbursements for services delivered shall
720	720	2 be absolutely inalienable by assignment, sale, attachment, or
721	721	3 garnishment or otherwise.
722	722	4 (n-1) The Department shall provide or authorize child
723	723	5 welfare services, aimed at assisting minors to achieve
724	724	6 sustainable self-sufficiency as independent adults, for any
725	725	7 minor eligible for the reinstatement of wardship pursuant to
726	726	8 subsection (2) of Section 2-33 of the Juvenile Court Act of
727	727	9 1987, whether or not such reinstatement is sought or allowed,
728	728	10 provided that the minor consents to such services and has not
729	729	11 yet attained the age of 21. The Department shall have
730	730	12 responsibility for the development and delivery of services
731	731	13 under this Section. An eligible youth may access services
732	732	14 under this Section through the Department of Children and
733	733	15 Family Services or by referral from the Department of Human
734	734	16 Services. Youth participating in services under this Section
735	735	17 shall cooperate with the assigned case manager in developing
736	736	18 an agreement identifying the services to be provided and how
737	737	19 the youth will increase skills to achieve self-sufficiency. A
738	738	20 homeless shelter is not considered appropriate housing for any
739	739	21 youth receiving child welfare services under this Section. The
740	740	22 Department shall continue child welfare services under this
741	741	23 Section to any eligible minor until the minor becomes 21 years
742	742	24 of age, no longer consents to participate, or achieves
743	743	25 self-sufficiency as identified in the minor's service plan.
744	744	26 The Department of Children and Family Services shall create
745	745
746	746
747	747
748	748
749	749
750	750	HB2945 - 20 - LRB104 08352 KTG 18403 b
751	751
752	752
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754	754	HB2945 - 21 - LRB104 08352 KTG 18403 b
755	755	1 clear, readable notice of the rights of former foster youth to
756	756	2 child welfare services under this Section and how such
757	757	3 services may be obtained. The Department of Children and
758	758	4 Family Services and the Department of Human Services shall
759	759	5 disseminate this information statewide. The Department shall
760	760	6 adopt regulations describing services intended to assist
761	761	7 minors in achieving sustainable self-sufficiency as
762	762	8 independent adults.
763	763	9 (o) The Department shall establish an administrative
764	764	10 review and appeal process for children and families who
765	765	11 request or receive child welfare services from the Department.
766	766	12 Youth in care who are placed by private child welfare
767	767	13 agencies, and foster families with whom those youth are
768	768	14 placed, shall be afforded the same procedural and appeal
769	769	15 rights as children and families in the case of placement by the
770	770	16 Department, including the right to an initial review of a
771	771	17 private agency decision by that agency. The Department shall
772	772	18 ensure that any private child welfare agency, which accepts
773	773	19 youth in care for placement, affords those rights to children
774	774	20 and foster families. The Department shall accept for
775	775	21 administrative review and an appeal hearing a complaint made
776	776	22 by (i) a child or foster family concerning a decision
777	777	23 following an initial review by a private child welfare agency
778	778	24 or (ii) a prospective adoptive parent who alleges a violation
779	779	25 of subsection (j-5) of this Section. An appeal of a decision
780	780	26 concerning a change in the placement of a child shall be
781	781
782	782
783	783
784	784
785	785
786	786	HB2945 - 21 - LRB104 08352 KTG 18403 b
787	787
788	788
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790	790	HB2945 - 22 - LRB104 08352 KTG 18403 b
791	791	1 conducted in an expedited manner. A court determination that a
792	792	2 current foster home placement is necessary and appropriate
793	793	3 under Section 2-28 of the Juvenile Court Act of 1987 does not
794	794	4 constitute a judicial determination on the merits of an
795	795	5 administrative appeal, filed by a former foster parent,
796	796	6 involving a change of placement decision.
797	797	7 (p) (Blank).
798	798	8 (q) The Department may receive and use, in their entirety,
799	799	9 for the benefit of children any gift, donation, or bequest of
800	800	10 money or other property which is received on behalf of such
801	801	11 children, or any financial benefits to which such children are
802	802	12 or may become entitled while under the jurisdiction or care of
803	803	13 the Department, except that the benefits described in Section
804	804	14 5.46 must be used and conserved consistent with the provisions
805	805	15 under Section 5.46.
806	806	16 The Department shall set up and administer no-cost,
807	807	17 interest-bearing accounts in appropriate financial
808	808	18 institutions for children for whom the Department is legally
809	809	19 responsible and who have been determined eligible for
810	810	20 Veterans' Benefits, Social Security benefits, assistance
811	811	21 allotments from the armed forces, court ordered payments,
812	812	22 parental voluntary payments, Supplemental Security Income,
813	813	23 Railroad Retirement payments, Black Lung benefits, or other
814	814	24 miscellaneous payments. Interest earned by each account shall
815	815	25 be credited to the account, unless disbursed in accordance
816	816	26 with this subsection.
817	817
818	818
819	819
820	820
821	821
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823	823
824	824
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826	826	HB2945 - 23 - LRB104 08352 KTG 18403 b
827	827	1 In disbursing funds from children's accounts, the
828	828	2 Department shall:
829	829	3 (1) Establish standards in accordance with State and
830	830	4 federal laws for disbursing money from children's
831	831	5 accounts. In all circumstances, the Department's
832	832	6 Guardianship Administrator or the Guardianship
833	833	7 Administrator's designee must approve disbursements from
834	834	8 children's accounts. The Department shall be responsible
835	835	9 for keeping complete records of all disbursements for each
836	836	10 account for any purpose.
837	837	11 (2) Calculate on a monthly basis the amounts paid from
838	838	12 State funds for the child's board and care, medical care
839	839	13 not covered under Medicaid, and social services; and
840	840	14 utilize funds from the child's account, as covered by
841	841	15 regulation, to reimburse those costs. Monthly,
842	842	16 disbursements from all children's accounts, up to 1/12 of
843	843	17 $13,000,000, shall be deposited by the Department into the
844	844	18 General Revenue Fund and the balance over 1/12 of
845	845	19 $13,000,000 into the DCFS Children's Services Fund.
846	846	20 (3) Maintain any balance remaining after reimbursing
847	847	21 for the child's costs of care, as specified in item (2).
848	848	22 The balance shall accumulate in accordance with relevant
849	849	23 State and federal laws and shall be disbursed to the child
850	850	24 or the child's guardian or to the issuing agency.
851	851	25 (r) The Department shall promulgate regulations
852	852	26 encouraging all adoption agencies to voluntarily forward to
853	853
854	854
855	855
856	856
857	857
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859	859
860	860
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862	862	HB2945 - 24 - LRB104 08352 KTG 18403 b
863	863	1 the Department or its agent names and addresses of all persons
864	864	2 who have applied for and have been approved for adoption of a
865	865	3 hard-to-place child or child with a disability and the names
866	866	4 of such children who have not been placed for adoption. A list
867	867	5 of such names and addresses shall be maintained by the
868	868	6 Department or its agent, and coded lists which maintain the
869	869	7 confidentiality of the person seeking to adopt the child and
870	870	8 of the child shall be made available, without charge, to every
871	871	9 adoption agency in the State to assist the agencies in placing
872	872	10 such children for adoption. The Department may delegate to an
873	873	11 agent its duty to maintain and make available such lists. The
874	874	12 Department shall ensure that such agent maintains the
875	875	13 confidentiality of the person seeking to adopt the child and
876	876	14 of the child.
877	877	15 (s) The Department of Children and Family Services may
878	878	16 establish and implement a program to reimburse Department and
879	879	17 private child welfare agency foster parents licensed by the
880	880	18 Department of Children and Family Services for damages
881	881	19 sustained by the foster parents as a result of the malicious or
882	882	20 negligent acts of foster children, as well as providing third
883	883	21 party coverage for such foster parents with regard to actions
884	884	22 of foster children to other individuals. Such coverage will be
885	885	23 secondary to the foster parent liability insurance policy, if
886	886	24 applicable. The program shall be funded through appropriations
887	887	25 from the General Revenue Fund, specifically designated for
888	888	26 such purposes.
889	889
890	890
891	891
892	892
893	893
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895	895
896	896
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898	898	HB2945 - 25 - LRB104 08352 KTG 18403 b
899	899	1 (t) The Department shall perform home studies and
900	900	2 investigations and shall exercise supervision over visitation
901	901	3 as ordered by a court pursuant to the Illinois Marriage and
902	902	4 Dissolution of Marriage Act or the Adoption Act only if:
903	903	5 (1) an order entered by an Illinois court specifically
904	904	6 directs the Department to perform such services; and
905	905	7 (2) the court has ordered one or both of the parties to
906	906	8 the proceeding to reimburse the Department for its
907	907	9 reasonable costs for providing such services in accordance
908	908	10 with Department rules, or has determined that neither
909	909	11 party is financially able to pay.
910	910	12 The Department shall provide written notification to the
911	911	13 court of the specific arrangements for supervised visitation
912	912	14 and projected monthly costs within 60 days of the court order.
913	913	15 The Department shall send to the court information related to
914	914	16 the costs incurred except in cases where the court has
915	915	17 determined the parties are financially unable to pay. The
916	916	18 court may order additional periodic reports as appropriate.
917	917	19 (u) In addition to other information that must be
918	918	20 provided, whenever the Department places a child with a
919	919	21 prospective adoptive parent or parents, in a licensed foster
920	920	22 home, group home, or child care institution, or in a relative
921	921	23 home, the Department shall provide to the prospective adoptive
922	922	24 parent or parents or other caretaker:
923	923	25 (1) available detailed information concerning the
924	924	26 child's educational and health history, copies of
925	925
926	926
927	927
928	928
929	929
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931	931
932	932
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934	934	HB2945 - 26 - LRB104 08352 KTG 18403 b
935	935	1 immunization records (including insurance and medical card
936	936	2 information), a history of the child's previous
937	937	3 placements, if any, and reasons for placement changes
938	938	4 excluding any information that identifies or reveals the
939	939	5 location of any previous caretaker;
940	940	6 (2) a copy of the child's portion of the client
941	941	7 service plan, including any visitation arrangement, and
942	942	8 all amendments or revisions to it as related to the child;
943	943	9 and
944	944	10 (3) information containing details of the child's
945	945	11 individualized educational plan when the child is
946	946	12 receiving special education services.
947	947	13 The caretaker shall be informed of any known social or
948	948	14 behavioral information (including, but not limited to,
949	949	15 criminal background, fire setting, perpetuation of sexual
950	950	16 abuse, destructive behavior, and substance abuse) necessary to
951	951	17 care for and safeguard the children to be placed or currently
952	952	18 in the home. The Department may prepare a written summary of
953	953	19 the information required by this paragraph, which may be
954	954	20 provided to the foster or prospective adoptive parent in
955	955	21 advance of a placement. The foster or prospective adoptive
956	956	22 parent may review the supporting documents in the child's file
957	957	23 in the presence of casework staff. In the case of an emergency
958	958	24 placement, casework staff shall at least provide known
959	959	25 information verbally, if necessary, and must subsequently
960	960	26 provide the information in writing as required by this
961	961
962	962
963	963
964	964
965	965
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967	967
968	968
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970	970	HB2945 - 27 - LRB104 08352 KTG 18403 b
971	971	1 subsection.
972	972	2 The information described in this subsection shall be
973	973	3 provided in writing. In the case of emergency placements when
974	974	4 time does not allow prior review, preparation, and collection
975	975	5 of written information, the Department shall provide such
976	976	6 information as it becomes available. Within 10 business days
977	977	7 after placement, the Department shall obtain from the
978	978	8 prospective adoptive parent or parents or other caretaker a
979	979	9 signed verification of receipt of the information provided.
980	980	10 Within 10 business days after placement, the Department shall
981	981	11 provide to the child's guardian ad litem a copy of the
982	982	12 information provided to the prospective adoptive parent or
983	983	13 parents or other caretaker. The information provided to the
984	984	14 prospective adoptive parent or parents or other caretaker
985	985	15 shall be reviewed and approved regarding accuracy at the
986	986	16 supervisory level.
987	987	17 (u-5) Effective July 1, 1995, only foster care placements
988	988	18 licensed as foster family homes pursuant to the Child Care Act
989	989	19 of 1969 shall be eligible to receive foster care payments from
990	990	20 the Department. Relative caregivers who, as of July 1, 1995,
991	991	21 were approved pursuant to approved relative placement rules
992	992	22 previously promulgated by the Department at 89 Ill. Adm. Code
993	993	23 335 and had submitted an application for licensure as a foster
994	994	24 family home may continue to receive foster care payments only
995	995	25 until the Department determines that they may be licensed as a
996	996	26 foster family home or that their application for licensure is
997	997
998	998
999	999
1000	1000
1001	1001
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1003	1003
1004	1004
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1007	1007	1 denied or until September 30, 1995, whichever occurs first.
1008	1008	2 (v) The Department shall access criminal history record
1009	1009	3 information as defined in the Illinois Uniform Conviction
1010	1010	4 Information Act and information maintained in the adjudicatory
1011	1011	5 and dispositional record system as defined in Section 2605-355
1012	1012	6 of the Illinois State Police Law if the Department determines
1013	1013	7 the information is necessary to perform its duties under the
1014	1014	8 Abused and Neglected Child Reporting Act, the Child Care Act
1015	1015	9 of 1969, and the Children and Family Services Act. The
1016	1016	10 Department shall provide for interactive computerized
1017	1017	11 communication and processing equipment that permits direct
1018	1018	12 on-line communication with the Illinois State Police's central
1019	1019	13 criminal history data repository. The Department shall comply
1020	1020	14 with all certification requirements and provide certified
1021	1021	15 operators who have been trained by personnel from the Illinois
1022	1022	16 State Police. In addition, one Office of the Inspector General
1023	1023	17 investigator shall have training in the use of the criminal
1024	1024	18 history information access system and have access to the
1025	1025	19 terminal. The Department of Children and Family Services and
1026	1026	20 its employees shall abide by rules and regulations established
1027	1027	21 by the Illinois State Police relating to the access and
1028	1028	22 dissemination of this information.
1029	1029	23 (v-1) Prior to final approval for placement of a child,
1030	1030	24 the Department shall conduct a criminal records background
1031	1031	25 check of the prospective foster or adoptive parent, including
1032	1032	26 fingerprint-based checks of national crime information
1033	1033
1034	1034
1035	1035
1036	1036
1037	1037
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1039	1039
1040	1040
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1043	1043	1 databases. Final approval for placement shall not be granted
1044	1044	2 if the record check reveals a felony conviction for child
1045	1045	3 abuse or neglect, for spousal abuse, for a crime against
1046	1046	4 children, or for a crime involving violence, including rape,
1047	1047	5 sexual assault, or homicide, but not including other physical
1048	1048	6 assault or battery, or if there is a felony conviction for
1049	1049	7 physical assault, battery, or a drug-related offense committed
1050	1050	8 within the past 5 years.
1051	1051	9 (v-2) Prior to final approval for placement of a child,
1052	1052	10 the Department shall check its child abuse and neglect
1053	1053	11 registry for information concerning prospective foster and
1054	1054	12 adoptive parents, and any adult living in the home. If any
1055	1055	13 prospective foster or adoptive parent or other adult living in
1056	1056	14 the home has resided in another state in the preceding 5 years,
1057	1057	15 the Department shall request a check of that other state's
1058	1058	16 child abuse and neglect registry.
1059	1059	17 (w) Within 120 days of August 20, 1995 (the effective date
1060	1060	18 of Public Act 89-392), the Department shall prepare and submit
1061	1061	19 to the Governor and the General Assembly, a written plan for
1062	1062	20 the development of in-state licensed secure child care
1063	1063	21 facilities that care for children who are in need of secure
1064	1064	22 living arrangements for their health, safety, and well-being.
1065	1065	23 For purposes of this subsection, secure care facility shall
1066	1066	24 mean a facility that is designed and operated to ensure that
1067	1067	25 all entrances and exits from the facility, a building or a
1068	1068	26 distinct part of the building, are under the exclusive control
1069	1069
1070	1070
1071	1071
1072	1072
1073	1073
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1075	1075
1076	1076
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1079	1079	1 of the staff of the facility, whether or not the child has the
1080	1080	2 freedom of movement within the perimeter of the facility,
1081	1081	3 building, or distinct part of the building. The plan shall
1082	1082	4 include descriptions of the types of facilities that are
1083	1083	5 needed in Illinois; the cost of developing these secure care
1084	1084	6 facilities; the estimated number of placements; the potential
1085	1085	7 cost savings resulting from the movement of children currently
1086	1086	8 out-of-state who are projected to be returned to Illinois; the
1087	1087	9 necessary geographic distribution of these facilities in
1088	1088	10 Illinois; and a proposed timetable for development of such
1089	1089	11 facilities.
1090	1090	12 (x) The Department shall conduct annual credit history
1091	1091	13 checks to determine the financial history of children placed
1092	1092	14 under its guardianship pursuant to the Juvenile Court Act of
1093	1093	15 1987. The Department shall conduct such credit checks starting
1094	1094	16 when a youth in care turns 12 years old and each year
1095	1095	17 thereafter for the duration of the guardianship as terminated
1096	1096	18 pursuant to the Juvenile Court Act of 1987. The Department
1097	1097	19 shall determine if financial exploitation of the child's
1098	1098	20 personal information has occurred. If financial exploitation
1099	1099	21 appears to have taken place or is presently ongoing, the
1100	1100	22 Department shall notify the proper law enforcement agency, the
1101	1101	23 proper State's Attorney, or the Attorney General.
1102	1102	24 (y) Beginning on July 22, 2010 (the effective date of
1103	1103	25 Public Act 96-1189), a child with a disability who receives
1104	1104	26 residential and educational services from the Department shall
1105	1105
1106	1106
1107	1107
1108	1108
1109	1109
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1111	1111
1112	1112
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1115	1115	1 be eligible to receive transition services in accordance with
1116	1116	2 Article 14 of the School Code from the age of 14.5 through age
1117	1117	3 21, inclusive, notwithstanding the child's residential
1118	1118	4 services arrangement. For purposes of this subsection, "child
1119	1119	5 with a disability" means a child with a disability as defined
1120	1120	6 by the federal Individuals with Disabilities Education
1121	1121	7 Improvement Act of 2004.
1122	1122	8 (z) The Department shall access criminal history record
1123	1123	9 information as defined as "background information" in this
1124	1124	10 subsection and criminal history record information as defined
1125	1125	11 in the Illinois Uniform Conviction Information Act for each
1126	1126	12 Department employee or Department applicant. Each Department
1127	1127	13 employee or Department applicant shall submit the employee's
1128	1128	14 or applicant's fingerprints to the Illinois State Police in
1129	1129	15 the form and manner prescribed by the Illinois State Police.
1130	1130	16 These fingerprints shall be checked against the fingerprint
1131	1131	17 records now and hereafter filed in the Illinois State Police
1132	1132	18 and the Federal Bureau of Investigation criminal history
1133	1133	19 records databases. The Illinois State Police shall charge a
1134	1134	20 fee for conducting the criminal history record check, which
1135	1135	21 shall be deposited into the State Police Services Fund and
1136	1136	22 shall not exceed the actual cost of the record check. The
1137	1137	23 Illinois State Police shall furnish, pursuant to positive
1138	1138	24 identification, all Illinois conviction information to the
1139	1139	25 Department of Children and Family Services. The Department
1140	1140	26 shall not require any Department volunteer to list or provide
1141	1141
1142	1142
1143	1143
1144	1144
1145	1145
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1147	1147
1148	1148
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1151	1151	1 his or her social security number on any form prescribed by the
1152	1152	2 Department that authorizes a criminal history record or
1153	1153	3 background check. The Department shall amend 89 Ill. Adm. Code
1154	1154	4 385.40(b) in accordance with this subsection.
1155	1155	5 For purposes of this subsection:
1156	1156	6 "Background information" means all of the following:
1157	1157	7 (i) Upon the request of the Department of Children and
1158	1158	8 Family Services, conviction information obtained from the
1159	1159	9 Illinois State Police as a result of a fingerprint-based
1160	1160	10 criminal history records check of the Illinois criminal
1161	1161	11 history records database and the Federal Bureau of
1162	1162	12 Investigation criminal history records database concerning
1163	1163	13 a Department employee or Department applicant.
1164	1164	14 (ii) Information obtained by the Department of
1165	1165	15 Children and Family Services after performing a check of
1166	1166	16 the Illinois State Police's Sex Offender Database, as
1167	1167	17 authorized by Section 120 of the Sex Offender Community
1168	1168	18 Notification Law, concerning a Department employee or
1169	1169	19 Department applicant.
1170	1170	20 (iii) Information obtained by the Department of
1171	1171	21 Children and Family Services after performing a check of
1172	1172	22 the Child Abuse and Neglect Tracking System (CANTS)
1173	1173	23 operated and maintained by the Department.
1174	1174	24 "Background information" does not include a Department
1175	1175	25 volunteer's social security number.
1176	1176	26 "Department employee" means a full-time or temporary
1177	1177
1178	1178
1179	1179
1180	1180
1181	1181
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1183	1183
1184	1184
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1187	1187	1 employee coded or certified within the State of Illinois
1188	1188	2 Personnel System.
1189	1189	3 "Department applicant" means an individual who has
1190	1190	4 conditional Department full-time or part-time work, a
1191	1191	5 contractor, an individual used to replace or supplement staff,
1192	1192	6 an academic intern, a volunteer in Department offices or on
1193	1193	7 Department contracts, a work-study student, an individual or
1194	1194	8 entity licensed by the Department, or an unlicensed service
1195	1195	9 provider who works as a condition of a contract or an agreement
1196	1196	10 and whose work may bring the unlicensed service provider into
1197	1197	11 contact with Department clients or client records.
1198	1198	12 (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
1199	1199	13 102-1014, eff. 5-27-22; 103-22, eff. 8-8-23; 103-50, eff.
1200	1200	14 1-1-24; 103-546, eff. 8-11-23; 103-605, eff. 7-1-24.)
1201	1201	15 Section 10. The Juvenile Court Act of 1987 is amended by
1202	1202	16 changing Section 2-17.1 as follows:
1203	1203	17 (705 ILCS 405/2-17.1)
1204	1204	18 Sec. 2-17.1. Court appointed special advocate.
1205	1205	19 (1) The court shall appoint a special advocate upon the
1206	1206	20 filing of a petition under this Article or at any time during
1207	1207	21 the pendency of a proceeding under this Article if special
1208	1208	22 advocates are available. The court appointed special advocate
1209	1209	23 may also serve as guardian ad litem by appointment of the court
1210	1210	24 under Section 2-17 of this Act.
1211	1211
1212	1212
1213	1213
1214	1214
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1217	1217
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1221	1221	1 (1.2) In counties of populations over 3,000,000 the court
1222	1222	2 may appoint a special advocate upon the filing of a petition
1223	1223	3 under this Article or at any time during the pendency of a
1224	1224	4 proceeding under this Article. No special advocate shall act
1225	1225	5 as guardian ad litem in counties of populations over
1226	1226	6 3,000,000.
1227	1227	7 (1.5) "Court appointed special advocate" means a community
1228	1228	8 volunteer who:
1229	1229	9 (a) is 21 or older;
1230	1230	10 (b) shall receive training with State and nationally
1231	1231	11 developed standards, has been screened and trained
1232	1232	12 regarding child abuse and neglect, child development, and
1233	1233	13 juvenile court proceedings according to the standards of
1234	1234	14 the National CASA Association;
1235	1235	15 (c) is being actively supervised by a court appointed
1236	1236	16 special advocate program in good standing with the
1237	1237	17 Illinois Association of Court Appointed Special Advocates;
1238	1238	18 and
1239	1239	19 (d) has been sworn in by a circuit court judge
1240	1240	20 assigned to juvenile cases in the circuit court in which
1241	1241	21 the court appointed special advocate wishes to serve.
1242	1242	22 Court appointed special advocate programs shall promote
1243	1243	23 policies, practices, and procedures that are culturally
1244	1244	24 competent. As used in this Section, "cultural competency"
1245	1245	25 means the capacity to function in more than one culture,
1246	1246	26 requiring the ability to appreciate, understand, and interact
1247	1247
1248	1248
1249	1249
1250	1250
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1253	1253
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1257	1257	1 with members of diverse populations within the local
1258	1258	2 community.
1259	1259	3 (2) The court appointed special advocate shall:
1260	1260	4 (a) conduct an independent assessment to monitor the
1261	1261	5 facts and circumstances surrounding the case by monitoring
1262	1262	6 the court order;
1263	1263	7 (b) maintain regular and sufficient in-person contact
1264	1264	8 with the minor;
1265	1265	9 (c) submit written reports to the court regarding the
1266	1266	10 minor's best interests;
1267	1267	11 (d) advocate for timely court hearings to obtain
1268	1268	12 permanency for the minor;
1269	1269	13 (e) be notified of all administrative case reviews
1270	1270	14 pertaining to the minor and work with the parties'
1271	1271	15 attorneys, the guardian ad litem, and others assigned to
1272	1272	16 the minor's case to protect the minor's health, safety,
1273	1273	17 and best interests and insure the proper delivery of child
1274	1274	18 welfare services;
1275	1275	19 (f) attend all court hearings and other proceedings to
1276	1276	20 advocate for the minor's best interests;
1277	1277	21 (g) monitor compliance with the case plan and all
1278	1278	22 court orders; and
1279	1279	23 (h) review all court documents that relate to the
1280	1280	24 minor child.
1281	1281	25 (2.1) The court may consider, at its discretion, testimony
1282	1282	26 of the court appointed special advocate pertaining to the
1283	1283
1284	1284
1285	1285
1286	1286
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1289	1289
1290	1290
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1293	1293	1 well-being of the minor.
1294	1294	2 (2.2) Upon presentation of an order of appointment, a
1295	1295	3 court appointed special advocate shall have access to all
1296	1296	4 records and information relevant to the minor's case with
1297	1297	5 regard to the minor child.
1298	1298	6 (2.2-1) All records and information acquired, reviewed, or
1299	1299	7 produced by a court appointed special advocate during the
1300	1300	8 course of the court appointed special advocate's appointment
1301	1301	9 shall be deemed confidential and shall not be disclosed except
1302	1302	10 as ordered by the court.
1303	1303	11 (3) Court appointed special advocates shall serve as
1304	1304	12 volunteers without compensation and shall receive training
1305	1305	13 consistent with nationally developed standards.
1306	1306	14 (4) No person convicted of a criminal offense as specified
1307	1307	15 in Section 4.2 of the Child Care Act of 1969 and no person
1308	1308	16 identified as a perpetrator of an act of child abuse or neglect
1309	1309	17 as reflected in the Department of Children and Family Services
1310	1310	18 State Central Register shall serve as a court appointed
1311	1311	19 special advocate.
1312	1312	20 (4.5) No person appointed to serve as a court appointed
1313	1313	21 special advocate shall be required to list or provide his or
1314	1314	22 her social security number on any form prescribed by the court
1315	1315	23 that authorizes a criminal history record or background check.
1316	1316	24 (5) All costs associated with the appointment and duties
1317	1317	25 of the court appointed special advocate shall be paid by the
1318	1318	26 court appointed special advocate or an organization of court
1319	1319
1320	1320
1321	1321
1322	1322
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1325	1325
1326	1326
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1329	1329
1330	1330
1331	1331
1332	1332
1333	1333
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