Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1504 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	SB1504 EngrossedLRB104 09130 KTG 19186 b SB1504 Engrossed LRB104 09130 KTG 19186 b
2		-	SB1504 Engrossed LRB104 09130 KTG 19186 b
	1	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1504 Introduced 2/4/2025, by Sen. Lakesia Collins SYNOPSIS AS INTRODUCED: 20 ILCS 505/520 ILCS 505/35.10705 ILCS 405/2-28705 ILCS 405/2-28.2 new705 ILCS 405/2-33705 ILCS 405/5-745 Amends the Children and Family Services Act. Requires the Department of Children and Family Services to make reasonable efforts to develop a youth-driven transition plan for each youth in care aged 18 and over for whom the court has set a permanency goal of independence or home environment not appropriate. Requires the plan to address, at a minimum, the youth's housing, mental and physical health and well-being, financial stability, employment, education, connections to supportive adults and peers, transition to adult services, if applicable, and child care and parenting supports, if applicable. Requires the Department to make reasonable efforts to assist the youth in accomplishing the plan and to ensure the youth is aware of any post-case closure supports and services and how to access such supports and services. Requires the Department to assist a youth in care in obtaining a list of persons, with contact information, who are willing to provide the youth with support. Amends the Juvenile Court Act of 1987. Require the court to conduct Successful Transition to Adulthood Review hearings for minors who are 18 years old and older for whom the court has entered a goal of independence or home environment not appropriate. Lists certain information the Department shall provide the court 14 days prior to the hearing as well as certain Department actions that are subject to the court's review. Provides that if the court finds the Department has failed to make reasonable efforts to assist the minor in developing a plan toward independence, the court may enter such orders it deems necessary to ensure the minor is prepared to achieve the goal of independence when the minor turns 21 years of age. Makes conforming changes. LRB104 09130 KTG 19186 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1504 Introduced 2/4/2025, by Sen. Lakesia Collins SYNOPSIS AS INTRODUCED: 20 ILCS 505/520 ILCS 505/35.10705 ILCS 405/2-28705 ILCS 405/2-28.2 new705 ILCS 405/2-33705 ILCS 405/5-745 20 ILCS 505/5 20 ILCS 505/35.10 705 ILCS 405/2-28 705 ILCS 405/2-28.2 new 705 ILCS 405/2-33 705 ILCS 405/5-745 Amends the Children and Family Services Act. Requires the Department of Children and Family Services to make reasonable efforts to develop a youth-driven transition plan for each youth in care aged 18 and over for whom the court has set a permanency goal of independence or home environment not appropriate. Requires the plan to address, at a minimum, the youth's housing, mental and physical health and well-being, financial stability, employment, education, connections to supportive adults and peers, transition to adult services, if applicable, and child care and parenting supports, if applicable. Requires the Department to make reasonable efforts to assist the youth in accomplishing the plan and to ensure the youth is aware of any post-case closure supports and services and how to access such supports and services. Requires the Department to assist a youth in care in obtaining a list of persons, with contact information, who are willing to provide the youth with support. Amends the Juvenile Court Act of 1987. Require the court to conduct Successful Transition to Adulthood Review hearings for minors who are 18 years old and older for whom the court has entered a goal of independence or home environment not appropriate. Lists certain information the Department shall provide the court 14 days prior to the hearing as well as certain Department actions that are subject to the court's review. Provides that if the court finds the Department has failed to make reasonable efforts to assist the minor in developing a plan toward independence, the court may enter such orders it deems necessary to ensure the minor is prepared to achieve the goal of independence when the minor turns 21 years of age. Makes conforming changes. LRB104 09130 KTG 19186 b LRB104 09130 KTG 19186 b A BILL FOR
	2	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1504 Introduced 2/4/2025, by Sen. Lakesia Collins SYNOPSIS AS INTRODUCED:
	3	+	20 ILCS 505/520 ILCS 505/35.10705 ILCS 405/2-28705 ILCS 405/2-28.2 new705 ILCS 405/2-33705 ILCS 405/5-745 20 ILCS 505/5 20 ILCS 505/35.10 705 ILCS 405/2-28 705 ILCS 405/2-28.2 new 705 ILCS 405/2-33 705 ILCS 405/5-745
	4	+	20 ILCS 505/5
	5	+	20 ILCS 505/35.10
	6	+	705 ILCS 405/2-28
	7	+	705 ILCS 405/2-28.2 new
	8	+	705 ILCS 405/2-33
	9	+	705 ILCS 405/5-745
	10	+	Amends the Children and Family Services Act. Requires the Department of Children and Family Services to make reasonable efforts to develop a youth-driven transition plan for each youth in care aged 18 and over for whom the court has set a permanency goal of independence or home environment not appropriate. Requires the plan to address, at a minimum, the youth's housing, mental and physical health and well-being, financial stability, employment, education, connections to supportive adults and peers, transition to adult services, if applicable, and child care and parenting supports, if applicable. Requires the Department to make reasonable efforts to assist the youth in accomplishing the plan and to ensure the youth is aware of any post-case closure supports and services and how to access such supports and services. Requires the Department to assist a youth in care in obtaining a list of persons, with contact information, who are willing to provide the youth with support. Amends the Juvenile Court Act of 1987. Require the court to conduct Successful Transition to Adulthood Review hearings for minors who are 18 years old and older for whom the court has entered a goal of independence or home environment not appropriate. Lists certain information the Department shall provide the court 14 days prior to the hearing as well as certain Department actions that are subject to the court's review. Provides that if the court finds the Department has failed to make reasonable efforts to assist the minor in developing a plan toward independence, the court may enter such orders it deems necessary to ensure the minor is prepared to achieve the goal of independence when the minor turns 21 years of age. Makes conforming changes.
	11	+	LRB104 09130 KTG 19186 b LRB104 09130 KTG 19186 b
	12	+	LRB104 09130 KTG 19186 b
	13	+	A BILL FOR
	14	+	SB1504LRB104 09130 KTG 19186 b SB1504 LRB104 09130 KTG 19186 b
	15	+	SB1504 LRB104 09130 KTG 19186 b
3	16		1 AN ACT concerning State government.
4	17		2 Be it enacted by the People of the State of Illinois,
5	18		3 represented in the General Assembly:
6	19		4 Section 5. The Children and Family Services Act is amended
7	20		5 by changing Sections 5 and 35.10 as follows:
8	21		6 (20 ILCS 505/5)
9		-	7 (Text of Section before amendment by P.A. 103-1061)
10		-	8 Sec. 5. Direct child welfare services; Department of
11		-	9 Children and Family Services. To provide direct child welfare
12		-	10 services when not available through other public or private
13		-	11 child care or program facilities.
14		-	12 (a) For purposes of this Section:
15		-	13 (1) "Children" means persons found within the State
16		-	14 who are under the age of 18 years. The term also includes
17		-	15 persons under age 21 who:
18		-	16 (A) were committed to the Department pursuant to
19		-	17 the Juvenile Court Act or the Juvenile Court Act of
20		-	18 1987 and who continue under the jurisdiction of the
21		-	19 court; or
22		-	20 (B) were accepted for care, service and training
23		-	21 by the Department prior to the age of 18 and whose best
24		-	22 interest in the discretion of the Department would be
25		-	23 served by continuing that care, service and training
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34		-	1 because of severe emotional disturbances, physical
35		-	2 disability, social adjustment or any combination
36		-	3 thereof, or because of the need to complete an
37		-	4 educational or vocational training program.
38		-	5 (2) "Homeless youth" means persons found within the
39		-	6 State who are under the age of 19, are not in a safe and
40		-	7 stable living situation and cannot be reunited with their
41		-	8 families.
42		-	9 (3) "Child welfare services" means public social
43		-	10 services which are directed toward the accomplishment of
44		-	11 the following purposes:
45		-	12 (A) protecting and promoting the health, safety
46		-	13 and welfare of children, including homeless,
47		-	14 dependent, or neglected children;
48		-	15 (B) remedying, or assisting in the solution of
49		-	16 problems which may result in, the neglect, abuse,
50		-	17 exploitation, or delinquency of children;
51		-	18 (C) preventing the unnecessary separation of
52		-	19 children from their families by identifying family
53		-	20 problems, assisting families in resolving their
54		-	21 problems, and preventing the breakup of the family
55		-	22 where the prevention of child removal is desirable and
56		-	23 possible when the child can be cared for at home
57		-	24 without endangering the child's health and safety;
58		-	25 (D) restoring to their families children who have
59		-	26 been removed, by the provision of services to the
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70		-	1 child and the families when the child can be cared for
71		-	2 at home without endangering the child's health and
72		-	3 safety;
73		-	4 (E) placing children in suitable permanent family
74		-	5 arrangements, through guardianship or adoption, in
75		-	6 cases where restoration to the birth family is not
76		-	7 safe, possible, or appropriate;
77		-	8 (F) at the time of placement, conducting
78		-	9 concurrent planning, as described in subsection (l-1)
79		-	10 of this Section, so that permanency may occur at the
80		-	11 earliest opportunity. Consideration should be given so
81		-	12 that if reunification fails or is delayed, the
82		-	13 placement made is the best available placement to
83		-	14 provide permanency for the child;
84		-	15 (G) (blank);
85		-	16 (H) (blank); and
86		-	17 (I) placing and maintaining children in facilities
87		-	18 that provide separate living quarters for children
88		-	19 under the age of 18 and for children 18 years of age
89		-	20 and older, unless a child 18 years of age is in the
90		-	21 last year of high school education or vocational
91		-	22 training, in an approved individual or group treatment
92		-	23 program, in a licensed shelter facility, or secure
93		-	24 child care facility. The Department is not required to
94		-	25 place or maintain children:
95		-	26 (i) who are in a foster home, or
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106		-	1 (ii) who are persons with a developmental
107		-	2 disability, as defined in the Mental Health and
108		-	3 Developmental Disabilities Code, or
109		-	4 (iii) who are female children who are
110		-	5 pregnant, pregnant and parenting, or parenting, or
111		-	6 (iv) who are siblings, in facilities that
112		-	7 provide separate living quarters for children 18
113		-	8 years of age and older and for children under 18
114		-	9 years of age.
115		-	10 (b) (Blank).
116		-	11 (b-5) The Department shall adopt rules to establish a
117		-	12 process for all licensed residential providers in Illinois to
118		-	13 submit data as required by the Department if they contract or
119		-	14 receive reimbursement for children's mental health, substance
120		-	15 use, and developmental disability services from the Department
121		-	16 of Human Services, the Department of Juvenile Justice, or the
122		-	17 Department of Healthcare and Family Services. The requested
123		-	18 data must include, but is not limited to, capacity, staffing,
124		-	19 and occupancy data for the purpose of establishing State need
125		-	20 and placement availability.
126		-	21 All information collected, shared, or stored pursuant to
127		-	22 this subsection shall be handled in accordance with all State
128		-	23 and federal privacy laws and accompanying regulations and
129		-	24 rules, including without limitation the federal Health
130		-	25 Insurance Portability and Accountability Act of 1996 (Public
131		-	26 Law 104-191) and the Mental Health and Developmental
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142		-	1 Disabilities Confidentiality Act.
143		-	2 (c) The Department shall establish and maintain
144		-	3 tax-supported child welfare services and extend and seek to
145		-	4 improve voluntary services throughout the State, to the end
146		-	5 that services and care shall be available on an equal basis
147		-	6 throughout the State to children requiring such services.
148		-	7 (d) The Director may authorize advance disbursements for
149		-	8 any new program initiative to any agency contracting with the
150		-	9 Department. As a prerequisite for an advance disbursement, the
151		-	10 contractor must post a surety bond in the amount of the advance
152		-	11 disbursement and have a purchase of service contract approved
153		-	12 by the Department. The Department may pay up to 2 months
154		-	13 operational expenses in advance. The amount of the advance
155		-	14 disbursement shall be prorated over the life of the contract
156		-	15 or the remaining months of the fiscal year, whichever is less,
157		-	16 and the installment amount shall then be deducted from future
158		-	17 bills. Advance disbursement authorizations for new initiatives
159		-	18 shall not be made to any agency after that agency has operated
160		-	19 during 2 consecutive fiscal years. The requirements of this
161		-	20 Section concerning advance disbursements shall not apply with
162		-	21 respect to the following: payments to local public agencies
163		-	22 for child day care services as authorized by Section 5a of this
164		-	23 Act; and youth service programs receiving grant funds under
165		-	24 Section 17a-4.
166		-	25 (e) (Blank).
167		-	26 (f) (Blank).
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178		-	1 (g) The Department shall establish rules and regulations
179		-	2 concerning its operation of programs designed to meet the
180		-	3 goals of child safety and protection, family preservation,
181		-	4 family reunification, and adoption, including, but not limited
182		-	5 to:
183		-	6 (1) adoption;
184		-	7 (2) foster care;
185		-	8 (3) family counseling;
186		-	9 (4) protective services;
187		-	10 (5) (blank);
188		-	11 (6) homemaker service;
189		-	12 (7) return of runaway children;
190		-	13 (8) (blank);
191		-	14 (9) placement under Section 5-7 of the Juvenile Court
192		-	15 Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
193		-	16 Court Act of 1987 in accordance with the federal Adoption
194		-	17 Assistance and Child Welfare Act of 1980; and
195		-	18 (10) interstate services.
196		-	19 Rules and regulations established by the Department shall
197		-	20 include provisions for training Department staff and the staff
198		-	21 of Department grantees, through contracts with other agencies
199		-	22 or resources, in screening techniques to identify substance
200		-	23 use disorders, as defined in the Substance Use Disorder Act,
201		-	24 approved by the Department of Human Services, as a successor
202		-	25 to the Department of Alcoholism and Substance Abuse, for the
203		-	26 purpose of identifying children and adults who should be
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214		-	1 referred for an assessment at an organization appropriately
215		-	2 licensed by the Department of Human Services for substance use
216		-	3 disorder treatment.
217		-	4 (h) If the Department finds that there is no appropriate
218		-	5 program or facility within or available to the Department for
219		-	6 a youth in care and that no licensed private facility has an
220		-	7 adequate and appropriate program or none agrees to accept the
221		-	8 youth in care, the Department shall create an appropriate
222		-	9 individualized, program-oriented plan for such youth in care.
223		-	10 The plan may be developed within the Department or through
224		-	11 purchase of services by the Department to the extent that it is
225		-	12 within its statutory authority to do.
226		-	13 (i) Service programs shall be available throughout the
227		-	14 State and shall include but not be limited to the following
228		-	15 services:
229		-	16 (1) case management;
230		-	17 (2) homemakers;
231		-	18 (3) counseling;
232		-	19 (4) parent education;
233		-	20 (5) day care; and
234		-	21 (6) emergency assistance and advocacy.
235		-	22 In addition, the following services may be made available
236		-	23 to assess and meet the needs of children and families:
237		-	24 (1) comprehensive family-based services;
238		-	25 (2) assessments;
239		-	26 (3) respite care; and
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250		-	1 (4) in-home health services.
251		-	2 The Department shall provide transportation for any of the
252		-	3 services it makes available to children or families or for
253		-	4 which it refers children or families.
254		-	5 (j) The Department may provide categories of financial
255		-	6 assistance and education assistance grants, and shall
256		-	7 establish rules and regulations concerning the assistance and
257		-	8 grants, to persons who adopt children with physical or mental
258		-	9 disabilities, children who are older, or other hard-to-place
259		-	10 children who (i) immediately prior to their adoption were
260		-	11 youth in care or (ii) were determined eligible for financial
261		-	12 assistance with respect to a prior adoption and who become
262		-	13 available for adoption because the prior adoption has been
263		-	14 dissolved and the parental rights of the adoptive parents have
264		-	15 been terminated or because the child's adoptive parents have
265		-	16 died. The Department may continue to provide financial
266		-	17 assistance and education assistance grants for a child who was
267		-	18 determined eligible for financial assistance under this
268		-	19 subsection (j) in the interim period beginning when the
269		-	20 child's adoptive parents died and ending with the finalization
270		-	21 of the new adoption of the child by another adoptive parent or
271		-	22 parents. The Department may also provide categories of
272		-	23 financial assistance and education assistance grants, and
273		-	24 shall establish rules and regulations for the assistance and
274		-	25 grants, to persons appointed guardian of the person under
275		-	26 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
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286		-	1 4-25, or 5-740 of the Juvenile Court Act of 1987 for children
287		-	2 who were youth in care for 12 months immediately prior to the
288		-	3 appointment of the guardian.
289		-	4 The amount of assistance may vary, depending upon the
290		-	5 needs of the child and the adoptive parents, as set forth in
291		-	6 the annual assistance agreement. Special purpose grants are
292		-	7 allowed where the child requires special service but such
293		-	8 costs may not exceed the amounts which similar services would
294		-	9 cost the Department if it were to provide or secure them as
295		-	10 guardian of the child.
296		-	11 Any financial assistance provided under this subsection is
297		-	12 inalienable by assignment, sale, execution, attachment,
298		-	13 garnishment, or any other remedy for recovery or collection of
299		-	14 a judgment or debt.
300		-	15 (j-5) The Department shall not deny or delay the placement
301		-	16 of a child for adoption if an approved family is available
302		-	17 either outside of the Department region handling the case, or
303		-	18 outside of the State of Illinois.
304		-	19 (k) The Department shall accept for care and training any
305		-	20 child who has been adjudicated neglected or abused, or
306		-	21 dependent committed to it pursuant to the Juvenile Court Act
307		-	22 or the Juvenile Court Act of 1987.
308		-	23 (l) The Department shall offer family preservation
309		-	24 services, as defined in Section 8.2 of the Abused and
310		-	25 Neglected Child Reporting Act, to help families, including
311		-	26 adoptive and extended families. Family preservation services
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322		-	1 shall be offered (i) to prevent the placement of children in
323		-	2 substitute care when the children can be cared for at home or
324		-	3 in the custody of the person responsible for the children's
325		-	4 welfare, (ii) to reunite children with their families, or
326		-	5 (iii) to maintain an adoptive placement. Family preservation
327		-	6 services shall only be offered when doing so will not endanger
328		-	7 the children's health or safety. With respect to children who
329		-	8 are in substitute care pursuant to the Juvenile Court Act of
330		-	9 1987, family preservation services shall not be offered if a
331		-	10 goal other than those of subdivisions (A), (B), or (B-1) of
332		-	11 subsection (2) of Section 2-28 of that Act has been set, except
333		-	12 that reunification services may be offered as provided in
334		-	13 paragraph (F) of subsection (2) of Section 2-28 of that Act.
335		-	14 Nothing in this paragraph shall be construed to create a
336		-	15 private right of action or claim on the part of any individual
337		-	16 or child welfare agency, except that when a child is the
338		-	17 subject of an action under Article II of the Juvenile Court Act
339		-	18 of 1987 and the child's service plan calls for services to
340		-	19 facilitate achievement of the permanency goal, the court
341		-	20 hearing the action under Article II of the Juvenile Court Act
342		-	21 of 1987 may order the Department to provide the services set
343		-	22 out in the plan, if those services are not provided with
344		-	23 reasonable promptness and if those services are available.
345		-	24 The Department shall notify the child and the child's
346		-	25 family of the Department's responsibility to offer and provide
347		-	26 family preservation services as identified in the service
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358		-	1 plan. The child and the child's family shall be eligible for
359		-	2 services as soon as the report is determined to be
360		-	3 "indicated". The Department may offer services to any child or
361		-	4 family with respect to whom a report of suspected child abuse
362		-	5 or neglect has been filed, prior to concluding its
363		-	6 investigation under Section 7.12 of the Abused and Neglected
364		-	7 Child Reporting Act. However, the child's or family's
365		-	8 willingness to accept services shall not be considered in the
366		-	9 investigation. The Department may also provide services to any
367		-	10 child or family who is the subject of any report of suspected
368		-	11 child abuse or neglect or may refer such child or family to
369		-	12 services available from other agencies in the community, even
370		-	13 if the report is determined to be unfounded, if the conditions
371		-	14 in the child's or family's home are reasonably likely to
372		-	15 subject the child or family to future reports of suspected
373		-	16 child abuse or neglect. Acceptance of such services shall be
374		-	17 voluntary. The Department may also provide services to any
375		-	18 child or family after completion of a family assessment, as an
376		-	19 alternative to an investigation, as provided under the
377		-	20 "differential response program" provided for in subsection
378		-	21 (a-5) of Section 7.4 of the Abused and Neglected Child
379		-	22 Reporting Act.
380		-	23 The Department may, at its discretion except for those
381		-	24 children also adjudicated neglected or dependent, accept for
382		-	25 care and training any child who has been adjudicated addicted,
383		-	26 as a truant minor in need of supervision or as a minor
384		-
385		-
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387		-
388		-
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390		-
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394		-	1 requiring authoritative intervention, under the Juvenile Court
395		-	2 Act or the Juvenile Court Act of 1987, but no such child shall
396		-	3 be committed to the Department by any court without the
397		-	4 approval of the Department. On and after January 1, 2015 (the
398		-	5 effective date of Public Act 98-803) and before January 1,
399		-	6 2017, a minor charged with a criminal offense under the
400		-	7 Criminal Code of 1961 or the Criminal Code of 2012 or
401		-	8 adjudicated delinquent shall not be placed in the custody of
402		-	9 or committed to the Department by any court, except (i) a minor
403		-	10 less than 16 years of age committed to the Department under
404		-	11 Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
405		-	12 for whom an independent basis of abuse, neglect, or dependency
406		-	13 exists, which must be defined by departmental rule, or (iii) a
407		-	14 minor for whom the court has granted a supplemental petition
408		-	15 to reinstate wardship pursuant to subsection (2) of Section
409		-	16 2-33 of the Juvenile Court Act of 1987. On and after January 1,
410		-	17 2017, a minor charged with a criminal offense under the
411		-	18 Criminal Code of 1961 or the Criminal Code of 2012 or
412		-	19 adjudicated delinquent shall not be placed in the custody of
413		-	20 or committed to the Department by any court, except (i) a minor
414		-	21 less than 15 years of age committed to the Department under
415		-	22 Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
416		-	23 for whom an independent basis of abuse, neglect, or dependency
417		-	24 exists, which must be defined by departmental rule, or (iii) a
418		-	25 minor for whom the court has granted a supplemental petition
419		-	26 to reinstate wardship pursuant to subsection (2) of Section
420		-
421		-
422		-
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426		-
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430		-	1 2-33 of the Juvenile Court Act of 1987. An independent basis
431		-	2 exists when the allegations or adjudication of abuse, neglect,
432		-	3 or dependency do not arise from the same facts, incident, or
433		-	4 circumstances which give rise to a charge or adjudication of
434		-	5 delinquency. The Department shall assign a caseworker to
435		-	6 attend any hearing involving a youth in the care and custody of
436		-	7 the Department who is placed on aftercare release, including
437		-	8 hearings involving sanctions for violation of aftercare
438		-	9 release conditions and aftercare release revocation hearings.
439		-	10 As soon as is possible after August 7, 2009 (the effective
440		-	11 date of Public Act 96-134), the Department shall develop and
441		-	12 implement a special program of family preservation services to
442		-	13 support intact, foster, and adoptive families who are
443		-	14 experiencing extreme hardships due to the difficulty and
444		-	15 stress of caring for a child who has been diagnosed with a
445		-	16 pervasive developmental disorder if the Department determines
446		-	17 that those services are necessary to ensure the health and
447		-	18 safety of the child. The Department may offer services to any
448		-	19 family whether or not a report has been filed under the Abused
449		-	20 and Neglected Child Reporting Act. The Department may refer
450		-	21 the child or family to services available from other agencies
451		-	22 in the community if the conditions in the child's or family's
452		-	23 home are reasonably likely to subject the child or family to
453		-	24 future reports of suspected child abuse or neglect. Acceptance
454		-	25 of these services shall be voluntary. The Department shall
455		-	26 develop and implement a public information campaign to alert
456		-
457		-
458		-
459		-
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462		-
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466		-	1 health and social service providers and the general public
467		-	2 about these special family preservation services. The nature
468		-	3 and scope of the services offered and the number of families
469		-	4 served under the special program implemented under this
470		-	5 paragraph shall be determined by the level of funding that the
471		-	6 Department annually allocates for this purpose. The term
472		-	7 "pervasive developmental disorder" under this paragraph means
473		-	8 a neurological condition, including, but not limited to,
474		-	9 Asperger's Syndrome and autism, as defined in the most recent
475		-	10 edition of the Diagnostic and Statistical Manual of Mental
476		-	11 Disorders of the American Psychiatric Association.
477		-	12 (l-1) The General Assembly recognizes that the best
478		-	13 interests of the child require that the child be placed in the
479		-	14 most permanent living arrangement as soon as is practically
480		-	15 possible. To achieve this goal, the General Assembly directs
481		-	16 the Department of Children and Family Services to conduct
482		-	17 concurrent planning so that permanency may occur at the
483		-	18 earliest opportunity. Permanent living arrangements may
484		-	19 include prevention of placement of a child outside the home of
485		-	20 the family when the child can be cared for at home without
486		-	21 endangering the child's health or safety; reunification with
487		-	22 the family, when safe and appropriate, if temporary placement
488		-	23 is necessary; or movement of the child toward the most
489		-	24 permanent living arrangement and permanent legal status.
490		-	25 When determining reasonable efforts to be made with
491		-	26 respect to a child, as described in this subsection, and in
492		-
493		-
494		-
495		-
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502		-	1 making such reasonable efforts, the child's health and safety
503		-	2 shall be the paramount concern.
504		-	3 When a child is placed in foster care, the Department
505		-	4 shall ensure and document that reasonable efforts were made to
506		-	5 prevent or eliminate the need to remove the child from the
507		-	6 child's home. The Department must make reasonable efforts to
508		-	7 reunify the family when temporary placement of the child
509		-	8 occurs unless otherwise required, pursuant to the Juvenile
510		-	9 Court Act of 1987. At any time after the dispositional hearing
511		-	10 where the Department believes that further reunification
512		-	11 services would be ineffective, it may request a finding from
513		-	12 the court that reasonable efforts are no longer appropriate.
514		-	13 The Department is not required to provide further
515		-	14 reunification services after such a finding.
516		-	15 A decision to place a child in substitute care shall be
517		-	16 made with considerations of the child's health, safety, and
518		-	17 best interests. At the time of placement, consideration should
519		-	18 also be given so that if reunification fails or is delayed, the
520		-	19 placement made is the best available placement to provide
521		-	20 permanency for the child.
522		-	21 The Department shall adopt rules addressing concurrent
523		-	22 planning for reunification and permanency. The Department
524		-	23 shall consider the following factors when determining
525		-	24 appropriateness of concurrent planning:
526		-	25 (1) the likelihood of prompt reunification;
527		-	26 (2) the past history of the family;
528		-
529		-
530		-
531		-
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534		-
535		-
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538		-	1 (3) the barriers to reunification being addressed by
539		-	2 the family;
540		-	3 (4) the level of cooperation of the family;
541		-	4 (5) the foster parents' willingness to work with the
542		-	5 family to reunite;
543		-	6 (6) the willingness and ability of the foster family
544		-	7 to provide an adoptive home or long-term placement;
545		-	8 (7) the age of the child;
546		-	9 (8) placement of siblings.
547		-	10 (m) The Department may assume temporary custody of any
548		-	11 child if:
549		-	12 (1) it has received a written consent to such
550		-	13 temporary custody signed by the parents of the child or by
551		-	14 the parent having custody of the child if the parents are
552		-	15 not living together or by the guardian or custodian of the
553		-	16 child if the child is not in the custody of either parent,
554		-	17 or
555		-	18 (2) the child is found in the State and neither a
556		-	19 parent, guardian nor custodian of the child can be
557		-	20 located.
558		-	21 If the child is found in the child's residence without a
559		-	22 parent, guardian, custodian, or responsible caretaker, the
560		-	23 Department may, instead of removing the child and assuming
561		-	24 temporary custody, place an authorized representative of the
562		-	25 Department in that residence until such time as a parent,
563		-	26 guardian, or custodian enters the home and expresses a
564		-
565		-
566		-
567		-
568		-
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570		-
571		-
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574		-	1 willingness and apparent ability to ensure the child's health
575		-	2 and safety and resume permanent charge of the child, or until a
576		-	3 relative enters the home and is willing and able to ensure the
577		-	4 child's health and safety and assume charge of the child until
578		-	5 a parent, guardian, or custodian enters the home and expresses
579		-	6 such willingness and ability to ensure the child's safety and
580		-	7 resume permanent charge. After a caretaker has remained in the
581		-	8 home for a period not to exceed 12 hours, the Department must
582		-	9 follow those procedures outlined in Section 2-9, 3-11, 4-8, or
583		-	10 5-415 of the Juvenile Court Act of 1987.
584		-	11 The Department shall have the authority, responsibilities
585		-	12 and duties that a legal custodian of the child would have
586		-	13 pursuant to subsection (9) of Section 1-3 of the Juvenile
587		-	14 Court Act of 1987. Whenever a child is taken into temporary
588		-	15 custody pursuant to an investigation under the Abused and
589		-	16 Neglected Child Reporting Act, or pursuant to a referral and
590		-	17 acceptance under the Juvenile Court Act of 1987 of a minor in
591		-	18 limited custody, the Department, during the period of
592		-	19 temporary custody and before the child is brought before a
593		-	20 judicial officer as required by Section 2-9, 3-11, 4-8, or
594		-	21 5-415 of the Juvenile Court Act of 1987, shall have the
595		-	22 authority, responsibilities and duties that a legal custodian
596		-	23 of the child would have under subsection (9) of Section 1-3 of
597		-	24 the Juvenile Court Act of 1987.
598		-	25 The Department shall ensure that any child taken into
599		-	26 custody is scheduled for an appointment for a medical
600		-
601		-
602		-
603		-
604		-
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606		-
607		-
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610		-	1 examination.
611		-	2 A parent, guardian, or custodian of a child in the
612		-	3 temporary custody of the Department who would have custody of
613		-	4 the child if the child were not in the temporary custody of the
614		-	5 Department may deliver to the Department a signed request that
615		-	6 the Department surrender the temporary custody of the child.
616		-	7 The Department may retain temporary custody of the child for
617		-	8 10 days after the receipt of the request, during which period
618		-	9 the Department may cause to be filed a petition pursuant to the
619		-	10 Juvenile Court Act of 1987. If a petition is so filed, the
620		-	11 Department shall retain temporary custody of the child until
621		-	12 the court orders otherwise. If a petition is not filed within
622		-	13 the 10-day period, the child shall be surrendered to the
623		-	14 custody of the requesting parent, guardian, or custodian not
624		-	15 later than the expiration of the 10-day period, at which time
625		-	16 the authority and duties of the Department with respect to the
626		-	17 temporary custody of the child shall terminate.
627		-	18 (m-1) The Department may place children under 18 years of
628		-	19 age in a secure child care facility licensed by the Department
629		-	20 that cares for children who are in need of secure living
630		-	21 arrangements for their health, safety, and well-being after a
631		-	22 determination is made by the facility director and the
632		-	23 Director or the Director's designate prior to admission to the
633		-	24 facility subject to Section 2-27.1 of the Juvenile Court Act
634		-	25 of 1987. This subsection (m-1) does not apply to a child who is
635		-	26 subject to placement in a correctional facility operated
636		-
637		-
638		-
639		-
640		-
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642		-
643		-
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646		-	1 pursuant to Section 3-15-2 of the Unified Code of Corrections,
647		-	2 unless the child is a youth in care who was placed in the care
648		-	3 of the Department before being subject to placement in a
649		-	4 correctional facility and a court of competent jurisdiction
650		-	5 has ordered placement of the child in a secure care facility.
651		-	6 (n) The Department may place children under 18 years of
652		-	7 age in licensed child care facilities when in the opinion of
653		-	8 the Department, appropriate services aimed at family
654		-	9 preservation have been unsuccessful and cannot ensure the
655		-	10 child's health and safety or are unavailable and such
656		-	11 placement would be for their best interest. Payment for board,
657		-	12 clothing, care, training and supervision of any child placed
658		-	13 in a licensed child care facility may be made by the
659		-	14 Department, by the parents or guardians of the estates of
660		-	15 those children, or by both the Department and the parents or
661		-	16 guardians, except that no payments shall be made by the
662		-	17 Department for any child placed in a licensed child care
663		-	18 facility for board, clothing, care, training, and supervision
664		-	19 of such a child that exceed the average per capita cost of
665		-	20 maintaining and of caring for a child in institutions for
666		-	21 dependent or neglected children operated by the Department.
667		-	22 However, such restriction on payments does not apply in cases
668		-	23 where children require specialized care and treatment for
669		-	24 problems of severe emotional disturbance, physical disability,
670		-	25 social adjustment, or any combination thereof and suitable
671		-	26 facilities for the placement of such children are not
672		-
673		-
674		-
675		-
676		-
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678		-
679		-
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682		-	1 available at payment rates within the limitations set forth in
683		-	2 this Section. All reimbursements for services delivered shall
684		-	3 be absolutely inalienable by assignment, sale, attachment, or
685		-	4 garnishment or otherwise.
686		-	5 (n-1) The Department shall provide or authorize child
687		-	6 welfare services, aimed at assisting minors to achieve
688		-	7 sustainable self-sufficiency as independent adults, for any
689		-	8 minor eligible for the reinstatement of wardship pursuant to
690		-	9 subsection (2) of Section 2-33 of the Juvenile Court Act of
691		-	10 1987, whether or not such reinstatement is sought or allowed,
692		-	11 provided that the minor consents to such services and has not
693		-	12 yet attained the age of 21. The Department shall have
694		-	13 responsibility for the development and delivery of services
695		-	14 under this Section. An eligible youth may access services
696		-	15 under this Section through the Department of Children and
697		-	16 Family Services or by referral from the Department of Human
698		-	17 Services. Youth participating in services under this Section
699		-	18 shall cooperate with the assigned case manager in developing
700		-	19 an agreement identifying the services to be provided and how
701		-	20 the youth will increase skills to achieve self-sufficiency. A
702		-	21 homeless shelter is not considered appropriate housing for any
703		-	22 youth receiving child welfare services under this Section. The
704		-	23 Department shall continue child welfare services under this
705		-	24 Section to any eligible minor until the minor becomes 21 years
706		-	25 of age, no longer consents to participate, or achieves
707		-	26 self-sufficiency as identified in the minor's service plan.
708		-
709		-
710		-
711		-
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714		-
715		-
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718		-	1 The Department of Children and Family Services shall create
719		-	2 clear, readable notice of the rights of former foster youth to
720		-	3 child welfare services under this Section and how such
721		-	4 services may be obtained. The Department of Children and
722		-	5 Family Services and the Department of Human Services shall
723		-	6 disseminate this information statewide. The Department shall
724		-	7 adopt regulations describing services intended to assist
725		-	8 minors in achieving sustainable self-sufficiency as
726		-	9 independent adults.
727		-	10 (o) The Department shall establish an administrative
728		-	11 review and appeal process for children and families who
729		-	12 request or receive child welfare services from the Department.
730		-	13 Youth in care who are placed by private child welfare
731		-	14 agencies, and foster families with whom those youth are
732		-	15 placed, shall be afforded the same procedural and appeal
733		-	16 rights as children and families in the case of placement by the
734		-	17 Department, including the right to an initial review of a
735		-	18 private agency decision by that agency. The Department shall
736		-	19 ensure that any private child welfare agency, which accepts
737		-	20 youth in care for placement, affords those rights to children
738		-	21 and foster families. The Department shall accept for
739		-	22 administrative review and an appeal hearing a complaint made
740		-	23 by (i) a child or foster family concerning a decision
741		-	24 following an initial review by a private child welfare agency
742		-	25 or (ii) a prospective adoptive parent who alleges a violation
743		-	26 of subsection (j-5) of this Section. An appeal of a decision
744		-
745		-
746		-
747		-
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750		-
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754		-	1 concerning a change in the placement of a child shall be
755		-	2 conducted in an expedited manner. A court determination that a
756		-	3 current foster home placement is necessary and appropriate
757		-	4 under Section 2-28 of the Juvenile Court Act of 1987 does not
758		-	5 constitute a judicial determination on the merits of an
759		-	6 administrative appeal, filed by a former foster parent,
760		-	7 involving a change of placement decision.
761		-	8 (p) (Blank).
762		-	9 (q) The Department may receive and use, in their entirety,
763		-	10 for the benefit of children any gift, donation, or bequest of
764		-	11 money or other property which is received on behalf of such
765		-	12 children, or any financial benefits to which such children are
766		-	13 or may become entitled while under the jurisdiction or care of
767		-	14 the Department, except that the benefits described in Section
768		-	15 5.46 must be used and conserved consistent with the provisions
769		-	16 under Section 5.46.
770		-	17 The Department shall set up and administer no-cost,
771		-	18 interest-bearing accounts in appropriate financial
772		-	19 institutions for children for whom the Department is legally
773		-	20 responsible and who have been determined eligible for
774		-	21 Veterans' Benefits, Social Security benefits, assistance
775		-	22 allotments from the armed forces, court ordered payments,
776		-	23 parental voluntary payments, Supplemental Security Income,
777		-	24 Railroad Retirement payments, Black Lung benefits, or other
778		-	25 miscellaneous payments. Interest earned by each account shall
779		-	26 be credited to the account, unless disbursed in accordance
780		-
781		-
782		-
783		-
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786		-
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790		-	1 with this subsection.
791		-	2 In disbursing funds from children's accounts, the
792		-	3 Department shall:
793		-	4 (1) Establish standards in accordance with State and
794		-	5 federal laws for disbursing money from children's
795		-	6 accounts. In all circumstances, the Department's
796		-	7 Guardianship Administrator or the Guardianship
797		-	8 Administrator's designee must approve disbursements from
798		-	9 children's accounts. The Department shall be responsible
799		-	10 for keeping complete records of all disbursements for each
800		-	11 account for any purpose.
801		-	12 (2) Calculate on a monthly basis the amounts paid from
802		-	13 State funds for the child's board and care, medical care
803		-	14 not covered under Medicaid, and social services; and
804		-	15 utilize funds from the child's account, as covered by
805		-	16 regulation, to reimburse those costs. Monthly,
806		-	17 disbursements from all children's accounts, up to 1/12 of
807		-	18 $13,000,000, shall be deposited by the Department into the
808		-	19 General Revenue Fund and the balance over 1/12 of
809		-	20 $13,000,000 into the DCFS Children's Services Fund.
810		-	21 (3) Maintain any balance remaining after reimbursing
811		-	22 for the child's costs of care, as specified in item (2).
812		-	23 The balance shall accumulate in accordance with relevant
813		-	24 State and federal laws and shall be disbursed to the child
814		-	25 or the child's guardian or to the issuing agency.
815		-	26 (r) The Department shall promulgate regulations
816		-
817		-
818		-
819		-
820		-
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822		-
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826		-	1 encouraging all adoption agencies to voluntarily forward to
827		-	2 the Department or its agent names and addresses of all persons
828		-	3 who have applied for and have been approved for adoption of a
829		-	4 hard-to-place child or child with a disability and the names
830		-	5 of such children who have not been placed for adoption. A list
831		-	6 of such names and addresses shall be maintained by the
832		-	7 Department or its agent, and coded lists which maintain the
833		-	8 confidentiality of the person seeking to adopt the child and
834		-	9 of the child shall be made available, without charge, to every
835		-	10 adoption agency in the State to assist the agencies in placing
836		-	11 such children for adoption. The Department may delegate to an
837		-	12 agent its duty to maintain and make available such lists. The
838		-	13 Department shall ensure that such agent maintains the
839		-	14 confidentiality of the person seeking to adopt the child and
840		-	15 of the child.
841		-	16 (s) The Department of Children and Family Services may
842		-	17 establish and implement a program to reimburse Department and
843		-	18 private child welfare agency foster parents licensed by the
844		-	19 Department of Children and Family Services for damages
845		-	20 sustained by the foster parents as a result of the malicious or
846		-	21 negligent acts of foster children, as well as providing third
847		-	22 party coverage for such foster parents with regard to actions
848		-	23 of foster children to other individuals. Such coverage will be
849		-	24 secondary to the foster parent liability insurance policy, if
850		-	25 applicable. The program shall be funded through appropriations
851		-	26 from the General Revenue Fund, specifically designated for
852		-
853		-
854		-
855		-
856		-
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858		-
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862		-	1 such purposes.
863		-	2 (t) The Department shall perform home studies and
864		-	3 investigations and shall exercise supervision over visitation
865		-	4 as ordered by a court pursuant to the Illinois Marriage and
866		-	5 Dissolution of Marriage Act or the Adoption Act only if:
867		-	6 (1) an order entered by an Illinois court specifically
868		-	7 directs the Department to perform such services; and
869		-	8 (2) the court has ordered one or both of the parties to
870		-	9 the proceeding to reimburse the Department for its
871		-	10 reasonable costs for providing such services in accordance
872		-	11 with Department rules, or has determined that neither
873		-	12 party is financially able to pay.
874		-	13 The Department shall provide written notification to the
875		-	14 court of the specific arrangements for supervised visitation
876		-	15 and projected monthly costs within 60 days of the court order.
877		-	16 The Department shall send to the court information related to
878		-	17 the costs incurred except in cases where the court has
879		-	18 determined the parties are financially unable to pay. The
880		-	19 court may order additional periodic reports as appropriate.
881		-	20 (u) In addition to other information that must be
882		-	21 provided, whenever the Department places a child with a
883		-	22 prospective adoptive parent or parents, in a licensed foster
884		-	23 home, group home, or child care institution, or in a relative
885		-	24 home, the Department shall provide to the prospective adoptive
886		-	25 parent or parents or other caretaker:
887		-	26 (1) available detailed information concerning the
888		-
889		-
890		-
891		-
892		-
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894		-
895		-
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898		-	1 child's educational and health history, copies of
899		-	2 immunization records (including insurance and medical card
900		-	3 information), a history of the child's previous
901		-	4 placements, if any, and reasons for placement changes
902		-	5 excluding any information that identifies or reveals the
903		-	6 location of any previous caretaker;
904		-	7 (2) a copy of the child's portion of the client
905		-	8 service plan, including any visitation arrangement, and
906		-	9 all amendments or revisions to it as related to the child;
907		-	10 and
908		-	11 (3) information containing details of the child's
909		-	12 individualized educational plan when the child is
910		-	13 receiving special education services.
911		-	14 The caretaker shall be informed of any known social or
912		-	15 behavioral information (including, but not limited to,
913		-	16 criminal background, fire setting, perpetuation of sexual
914		-	17 abuse, destructive behavior, and substance abuse) necessary to
915		-	18 care for and safeguard the children to be placed or currently
916		-	19 in the home. The Department may prepare a written summary of
917		-	20 the information required by this paragraph, which may be
918		-	21 provided to the foster or prospective adoptive parent in
919		-	22 advance of a placement. The foster or prospective adoptive
920		-	23 parent may review the supporting documents in the child's file
921		-	24 in the presence of casework staff. In the case of an emergency
922		-	25 placement, casework staff shall at least provide known
923		-	26 information verbally, if necessary, and must subsequently
924		-
925		-
926		-
927		-
928		-
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930		-
931		-
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933		-	SB1504 Engrossed - 27 - LRB104 09130 KTG 19186 b
934		-	1 provide the information in writing as required by this
935		-	2 subsection.
936		-	3 The information described in this subsection shall be
937		-	4 provided in writing. In the case of emergency placements when
938		-	5 time does not allow prior review, preparation, and collection
939		-	6 of written information, the Department shall provide such
940		-	7 information as it becomes available. Within 10 business days
941		-	8 after placement, the Department shall obtain from the
942		-	9 prospective adoptive parent or parents or other caretaker a
943		-	10 signed verification of receipt of the information provided.
944		-	11 Within 10 business days after placement, the Department shall
945		-	12 provide to the child's guardian ad litem a copy of the
946		-	13 information provided to the prospective adoptive parent or
947		-	14 parents or other caretaker. The information provided to the
948		-	15 prospective adoptive parent or parents or other caretaker
949		-	16 shall be reviewed and approved regarding accuracy at the
950		-	17 supervisory level.
951		-	18 (u-5) Effective July 1, 1995, only foster care placements
952		-	19 licensed as foster family homes pursuant to the Child Care Act
953		-	20 of 1969 shall be eligible to receive foster care payments from
954		-	21 the Department. Relative caregivers who, as of July 1, 1995,
955		-	22 were approved pursuant to approved relative placement rules
956		-	23 previously promulgated by the Department at 89 Ill. Adm. Code
957		-	24 335 and had submitted an application for licensure as a foster
958		-	25 family home may continue to receive foster care payments only
959		-	26 until the Department determines that they may be licensed as a
960		-
961		-
962		-
963		-
964		-
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966		-
967		-
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969		-	SB1504 Engrossed - 28 - LRB104 09130 KTG 19186 b
970		-	1 foster family home or that their application for licensure is
971		-	2 denied or until September 30, 1995, whichever occurs first.
972		-	3 (v) The Department shall access criminal history record
973		-	4 information as defined in the Illinois Uniform Conviction
974		-	5 Information Act and information maintained in the adjudicatory
975		-	6 and dispositional record system as defined in Section 2605-355
976		-	7 of the Illinois State Police Law if the Department determines
977		-	8 the information is necessary to perform its duties under the
978		-	9 Abused and Neglected Child Reporting Act, the Child Care Act
979		-	10 of 1969, and the Children and Family Services Act. The
980		-	11 Department shall provide for interactive computerized
981		-	12 communication and processing equipment that permits direct
982		-	13 on-line communication with the Illinois State Police's central
983		-	14 criminal history data repository. The Department shall comply
984		-	15 with all certification requirements and provide certified
985		-	16 operators who have been trained by personnel from the Illinois
986		-	17 State Police. In addition, one Office of the Inspector General
987		-	18 investigator shall have training in the use of the criminal
988		-	19 history information access system and have access to the
989		-	20 terminal. The Department of Children and Family Services and
990		-	21 its employees shall abide by rules and regulations established
991		-	22 by the Illinois State Police relating to the access and
992		-	23 dissemination of this information.
993		-	24 (v-1) Prior to final approval for placement of a child,
994		-	25 the Department shall conduct a criminal records background
995		-	26 check of the prospective foster or adoptive parent, including
996		-
997		-
998		-
999		-
1000		-
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1002		-
1003		-
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1005		-	SB1504 Engrossed - 29 - LRB104 09130 KTG 19186 b
1006		-	1 fingerprint-based checks of national crime information
1007		-	2 databases. Final approval for placement shall not be granted
1008		-	3 if the record check reveals a felony conviction for child
1009		-	4 abuse or neglect, for spousal abuse, for a crime against
1010		-	5 children, or for a crime involving violence, including rape,
1011		-	6 sexual assault, or homicide, but not including other physical
1012		-	7 assault or battery, or if there is a felony conviction for
1013		-	8 physical assault, battery, or a drug-related offense committed
1014		-	9 within the past 5 years.
1015		-	10 (v-2) Prior to final approval for placement of a child,
1016		-	11 the Department shall check its child abuse and neglect
1017		-	12 registry for information concerning prospective foster and
1018		-	13 adoptive parents, and any adult living in the home. If any
1019		-	14 prospective foster or adoptive parent or other adult living in
1020		-	15 the home has resided in another state in the preceding 5 years,
1021		-	16 the Department shall request a check of that other state's
1022		-	17 child abuse and neglect registry.
1023		-	18 (w) Within 120 days of August 20, 1995 (the effective date
1024		-	19 of Public Act 89-392), the Department shall prepare and submit
1025		-	20 to the Governor and the General Assembly, a written plan for
1026		-	21 the development of in-state licensed secure child care
1027		-	22 facilities that care for children who are in need of secure
1028		-	23 living arrangements for their health, safety, and well-being.
1029		-	24 For purposes of this subsection, secure care facility shall
1030		-	25 mean a facility that is designed and operated to ensure that
1031		-	26 all entrances and exits from the facility, a building or a
1032		-
1033		-
1034		-
1035		-
1036		-
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1038		-
1039		-
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1041		-	SB1504 Engrossed - 30 - LRB104 09130 KTG 19186 b
1042		-	1 distinct part of the building, are under the exclusive control
1043		-	2 of the staff of the facility, whether or not the child has the
1044		-	3 freedom of movement within the perimeter of the facility,
1045		-	4 building, or distinct part of the building. The plan shall
1046		-	5 include descriptions of the types of facilities that are
1047		-	6 needed in Illinois; the cost of developing these secure care
1048		-	7 facilities; the estimated number of placements; the potential
1049		-	8 cost savings resulting from the movement of children currently
1050		-	9 out-of-state who are projected to be returned to Illinois; the
1051		-	10 necessary geographic distribution of these facilities in
1052		-	11 Illinois; and a proposed timetable for development of such
1053		-	12 facilities.
1054		-	13 (x) The Department shall conduct annual credit history
1055		-	14 checks to determine the financial history of children placed
1056		-	15 under its guardianship pursuant to the Juvenile Court Act of
1057		-	16 1987. The Department shall conduct such credit checks starting
1058		-	17 when a youth in care turns 12 years old and each year
1059		-	18 thereafter for the duration of the guardianship as terminated
1060		-	19 pursuant to the Juvenile Court Act of 1987. The Department
1061		-	20 shall determine if financial exploitation of the child's
1062		-	21 personal information has occurred. If financial exploitation
1063		-	22 appears to have taken place or is presently ongoing, the
1064		-	23 Department shall notify the proper law enforcement agency, the
1065		-	24 proper State's Attorney, or the Attorney General.
1066		-	25 (y) Beginning on July 22, 2010 (the effective date of
1067		-	26 Public Act 96-1189), a child with a disability who receives
1068		-
1069		-
1070		-
1071		-
1072		-
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1074		-
1075		-
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1077		-	SB1504 Engrossed - 31 - LRB104 09130 KTG 19186 b
1078		-	1 residential and educational services from the Department shall
1079		-	2 be eligible to receive transition services in accordance with
1080		-	3 Article 14 of the School Code from the age of 14.5 through age
1081		-	4 21, inclusive, notwithstanding the child's residential
1082		-	5 services arrangement. For purposes of this subsection, "child
1083		-	6 with a disability" means a child with a disability as defined
1084		-	7 by the federal Individuals with Disabilities Education
1085		-	8 Improvement Act of 2004.
1086		-	9 (z) The Department shall access criminal history record
1087		-	10 information as defined as "background information" in this
1088		-	11 subsection and criminal history record information as defined
1089		-	12 in the Illinois Uniform Conviction Information Act for each
1090		-	13 Department employee or Department applicant. Each Department
1091		-	14 employee or Department applicant shall submit the employee's
1092		-	15 or applicant's fingerprints to the Illinois State Police in
1093		-	16 the form and manner prescribed by the Illinois State Police.
1094		-	17 These fingerprints shall be checked against the fingerprint
1095		-	18 records now and hereafter filed in the Illinois State Police
1096		-	19 and the Federal Bureau of Investigation criminal history
1097		-	20 records databases. The Illinois State Police shall charge a
1098		-	21 fee for conducting the criminal history record check, which
1099		-	22 shall be deposited into the State Police Services Fund and
1100		-	23 shall not exceed the actual cost of the record check. The
1101		-	24 Illinois State Police shall furnish, pursuant to positive
1102		-	25 identification, all Illinois conviction information to the
1103		-	26 Department of Children and Family Services.
1104		-
1105		-
1106		-
1107		-
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1110		-
1111		-
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1114		-	1 For purposes of this subsection:
1115		-	2 "Background information" means all of the following:
1116		-	3 (i) Upon the request of the Department of Children and
1117		-	4 Family Services, conviction information obtained from the
1118		-	5 Illinois State Police as a result of a fingerprint-based
1119		-	6 criminal history records check of the Illinois criminal
1120		-	7 history records database and the Federal Bureau of
1121		-	8 Investigation criminal history records database concerning
1122		-	9 a Department employee or Department applicant.
1123		-	10 (ii) Information obtained by the Department of
1124		-	11 Children and Family Services after performing a check of
1125		-	12 the Illinois State Police's Sex Offender Database, as
1126		-	13 authorized by Section 120 of the Sex Offender Community
1127		-	14 Notification Law, concerning a Department employee or
1128		-	15 Department applicant.
1129		-	16 (iii) Information obtained by the Department of
1130		-	17 Children and Family Services after performing a check of
1131		-	18 the Child Abuse and Neglect Tracking System (CANTS)
1132		-	19 operated and maintained by the Department.
1133		-	20 "Department employee" means a full-time or temporary
1134		-	21 employee coded or certified within the State of Illinois
1135		-	22 Personnel System.
1136		-	23 "Department applicant" means an individual who has
1137		-	24 conditional Department full-time or part-time work, a
1138		-	25 contractor, an individual used to replace or supplement staff,
1139		-	26 an academic intern, a volunteer in Department offices or on
1140		-
1141		-
1142		-
1143		-
1144		-
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1146		-
1147		-
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1149		-	SB1504 Engrossed - 33 - LRB104 09130 KTG 19186 b
1150		-	1 Department contracts, a work-study student, an individual or
1151		-	2 entity licensed by the Department, or an unlicensed service
1152		-	3 provider who works as a condition of a contract or an agreement
1153		-	4 and whose work may bring the unlicensed service provider into
1154		-	5 contact with Department clients or client records.
1155		-	6 (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
1156		-	7 102-1014, eff. 5-27-22; 103-22, eff. 8-8-23; 103-50, eff.
1157		-	8 1-1-24; 103-546, eff. 8-11-23; 103-605, eff. 7-1-24.)
1158		-	9 (Text of Section after amendment by P.A. 103-1061)
1159		-	10 Sec. 5. Direct child welfare services; Department of
1160		-	11 Children and Family Services. To provide direct child welfare
1161		-	12 services when not available through other public or private
1162		-	13 child care or program facilities.
1163		-	14 (a) For purposes of this Section:
1164		-	15 (1) "Children" means persons found within the State
1165		-	16 who are under the age of 18 years. The term also includes
1166		-	17 persons under age 21 who:
1167		-	18 (A) were committed to the Department pursuant to
1168		-	19 the Juvenile Court Act or the Juvenile Court Act of
1169		-	20 1987 and who continue under the jurisdiction of the
1170		-	21 court; or
1171		-	22 (B) were accepted for care, service and training
1172		-	23 by the Department prior to the age of 18 and whose best
1173		-	24 interest in the discretion of the Department would be
1174		-	25 served by continuing that care, service and training
1175		-
1176		-
1177		-
1178		-
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1181		-
1182		-
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1185		-	1 because of severe emotional disturbances, physical
1186		-	2 disability, social adjustment or any combination
1187		-	3 thereof, or because of the need to complete an
1188		-	4 educational or vocational training program.
1189		-	5 (2) "Homeless youth" means persons found within the
1190		-	6 State who are under the age of 19, are not in a safe and
1191		-	7 stable living situation and cannot be reunited with their
1192		-	8 families.
1193		-	9 (3) "Child welfare services" means public social
1194		-	10 services which are directed toward the accomplishment of
1195		-	11 the following purposes:
1196		-	12 (A) protecting and promoting the health, safety
1197		-	13 and welfare of children, including homeless,
1198		-	14 dependent, or neglected children;
1199		-	15 (B) remedying, or assisting in the solution of
1200		-	16 problems which may result in, the neglect, abuse,
1201		-	17 exploitation, or delinquency of children;
1202		-	18 (C) preventing the unnecessary separation of
1203		-	19 children from their families by identifying family
1204		-	20 problems, assisting families in resolving their
1205		-	21 problems, and preventing the breakup of the family
1206		-	22 where the prevention of child removal is desirable and
1207		-	23 possible when the child can be cared for at home
1208		-	24 without endangering the child's health and safety;
1209		-	25 (D) restoring to their families children who have
1210		-	26 been removed, by the provision of services to the
1211		-
1212		-
1213		-
1214		-
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1221		-	1 child and the families when the child can be cared for
1222		-	2 at home without endangering the child's health and
1223		-	3 safety;
1224		-	4 (E) placing children in suitable permanent family
1225		-	5 arrangements, through guardianship or adoption, in
1226		-	6 cases where restoration to the birth family is not
1227		-	7 safe, possible, or appropriate;
1228		-	8 (F) at the time of placement, conducting
1229		-	9 concurrent planning, as described in subsection (l-1)
1230		-	10 of this Section, so that permanency may occur at the
1231		-	11 earliest opportunity. Consideration should be given so
1232		-	12 that if reunification fails or is delayed, the
1233		-	13 placement made is the best available placement to
1234		-	14 provide permanency for the child;
1235		-	15 (F-1) preparing adolescents to successfully
1236		-	16 transition to independence, including transition
1237		-	17 planning for youth who qualify for a guardian as a
1238		-	18 person with a disability under Article XIa of the
1239		-	19 Probate Act of 1975;
1240		-	20 (G) (blank);
1241		-	21 (H) (blank); and
1242		-	22 (I) placing and maintaining children in facilities
1243		-	23 that provide separate living quarters for children
1244		-	24 under the age of 18 and for children 18 years of age
1245		-	25 and older, unless a child 18 years of age is in the
1246		-	26 last year of high school education or vocational
1247		-
1248		-
1249		-
1250		-
1251		-
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1253		-
1254		-
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1257		-	1 training, in an approved individual or group treatment
1258		-	2 program, in a licensed shelter facility, or secure
1259		-	3 child care facility. The Department is not required to
1260		-	4 place or maintain children:
1261		-	5 (i) who are in a foster home, or
1262		-	6 (ii) who are persons with a developmental
1263		-	7 disability, as defined in the Mental Health and
1264		-	8 Developmental Disabilities Code, or
1265		-	9 (iii) who are female children who are
1266		-	10 pregnant, pregnant and parenting, or parenting, or
1267		-	11 (iv) who are siblings, in facilities that
1268		-	12 provide separate living quarters for children 18
1269		-	13 years of age and older and for children under 18
1270		-	14 years of age.
1271		-	15 (b) (Blank).
1272		-	16 (b-5) The Department shall adopt rules to establish a
1273		-	17 process for all licensed residential providers in Illinois to
1274		-	18 submit data as required by the Department if they contract or
1275		-	19 receive reimbursement for children's mental health, substance
1276		-	20 use, and developmental disability services from the Department
1277		-	21 of Human Services, the Department of Juvenile Justice, or the
1278		-	22 Department of Healthcare and Family Services. The requested
1279		-	23 data must include, but is not limited to, capacity, staffing,
1280		-	24 and occupancy data for the purpose of establishing State need
1281		-	25 and placement availability.
1282		-	26 All information collected, shared, or stored pursuant to
1283		-
1284		-
1285		-
1286		-
1287		-
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1289		-
1290		-
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1292		-	SB1504 Engrossed - 37 - LRB104 09130 KTG 19186 b
1293		-	1 this subsection shall be handled in accordance with all State
1294		-	2 and federal privacy laws and accompanying regulations and
1295		-	3 rules, including without limitation the federal Health
1296		-	4 Insurance Portability and Accountability Act of 1996 (Public
1297		-	5 Law 104-191) and the Mental Health and Developmental
1298		-	6 Disabilities Confidentiality Act.
1299		-	7 (c) The Department shall establish and maintain
1300		-	8 tax-supported child welfare services and extend and seek to
1301		-	9 improve voluntary services throughout the State, to the end
1302		-	10 that services and care shall be available on an equal basis
1303		-	11 throughout the State to children requiring such services.
1304		-	12 (d) The Director may authorize advance disbursements for
1305		-	13 any new program initiative to any agency contracting with the
1306		-	14 Department. As a prerequisite for an advance disbursement, the
1307		-	15 contractor must post a surety bond in the amount of the advance
1308		-	16 disbursement and have a purchase of service contract approved
1309		-	17 by the Department. The Department may pay up to 2 months
1310		-	18 operational expenses in advance. The amount of the advance
1311		-	19 disbursement shall be prorated over the life of the contract
1312		-	20 or the remaining months of the fiscal year, whichever is less,
1313		-	21 and the installment amount shall then be deducted from future
1314		-	22 bills. Advance disbursement authorizations for new initiatives
1315		-	23 shall not be made to any agency after that agency has operated
1316		-	24 during 2 consecutive fiscal years. The requirements of this
1317		-	25 Section concerning advance disbursements shall not apply with
1318		-	26 respect to the following: payments to local public agencies
1319		-
1320		-
1321		-
1322		-
1323		-
1324		-	SB1504 Engrossed - 37 - LRB104 09130 KTG 19186 b
1325		-
1326		-
1327		-	SB1504 Engrossed- 38 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 38 - LRB104 09130 KTG 19186 b
1328		-	SB1504 Engrossed - 38 - LRB104 09130 KTG 19186 b
1329		-	1 for child day care services as authorized by Section 5a of this
1330		-	2 Act; and youth service programs receiving grant funds under
1331		-	3 Section 17a-4.
1332		-	4 (e) (Blank).
1333		-	5 (f) (Blank).
1334		-	6 (g) The Department shall establish rules and regulations
1335		-	7 concerning its operation of programs designed to meet the
1336		-	8 goals of child safety and protection, family preservation, and
1337		-	9 permanency, including, but not limited to:
1338		-	10 (1) reunification, guardianship, and adoption;
1339		-	11 (2) relative and licensed foster care;
	22	+	7 Sec. 5. Direct child welfare services; Department of
	23	+	8 Children and Family Services. To provide direct child welfare
	24	+	9 services when not available through other public or private
	25	+	10 child care or program facilities.
	26	+	11 (a) For purposes of this Section:
	27	+	12 (1) "Children" means persons found within the State
	28	+	13 who are under the age of 18 years. The term also includes
	29	+	14 persons under age 21 who:
	30	+	15 (A) were committed to the Department pursuant to
	31	+	16 the Juvenile Court Act or the Juvenile Court Act of
	32	+	17 1987 and who continue under the jurisdiction of the
	33	+	18 court; or
	34	+	19 (B) were accepted for care, service and training
	35	+	20 by the Department prior to the age of 18 and whose best
	36	+	21 interest in the discretion of the Department would be
	37	+	22 served by continuing that care, service and training
	38	+	23 because of severe emotional disturbances, physical
	39	+
	40	+
	41	+
	42	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1504 Introduced 2/4/2025, by Sen. Lakesia Collins SYNOPSIS AS INTRODUCED:
	43	+	20 ILCS 505/520 ILCS 505/35.10705 ILCS 405/2-28705 ILCS 405/2-28.2 new705 ILCS 405/2-33705 ILCS 405/5-745 20 ILCS 505/5 20 ILCS 505/35.10 705 ILCS 405/2-28 705 ILCS 405/2-28.2 new 705 ILCS 405/2-33 705 ILCS 405/5-745
	44	+	20 ILCS 505/5
	45	+	20 ILCS 505/35.10
	46	+	705 ILCS 405/2-28
	47	+	705 ILCS 405/2-28.2 new
	48	+	705 ILCS 405/2-33
	49	+	705 ILCS 405/5-745
	50	+	Amends the Children and Family Services Act. Requires the Department of Children and Family Services to make reasonable efforts to develop a youth-driven transition plan for each youth in care aged 18 and over for whom the court has set a permanency goal of independence or home environment not appropriate. Requires the plan to address, at a minimum, the youth's housing, mental and physical health and well-being, financial stability, employment, education, connections to supportive adults and peers, transition to adult services, if applicable, and child care and parenting supports, if applicable. Requires the Department to make reasonable efforts to assist the youth in accomplishing the plan and to ensure the youth is aware of any post-case closure supports and services and how to access such supports and services. Requires the Department to assist a youth in care in obtaining a list of persons, with contact information, who are willing to provide the youth with support. Amends the Juvenile Court Act of 1987. Require the court to conduct Successful Transition to Adulthood Review hearings for minors who are 18 years old and older for whom the court has entered a goal of independence or home environment not appropriate. Lists certain information the Department shall provide the court 14 days prior to the hearing as well as certain Department actions that are subject to the court's review. Provides that if the court finds the Department has failed to make reasonable efforts to assist the minor in developing a plan toward independence, the court may enter such orders it deems necessary to ensure the minor is prepared to achieve the goal of independence when the minor turns 21 years of age. Makes conforming changes.
	51	+	LRB104 09130 KTG 19186 b LRB104 09130 KTG 19186 b
	52	+	LRB104 09130 KTG 19186 b
	53	+	A BILL FOR
	54	+
	55	+
	56	+
	57	+
	58	+
	59	+	20 ILCS 505/5
	60	+	20 ILCS 505/35.10
	61	+	705 ILCS 405/2-28
	62	+	705 ILCS 405/2-28.2 new
	63	+	705 ILCS 405/2-33
	64	+	705 ILCS 405/5-745
	65	+
	66	+
	67	+
	68	+	LRB104 09130 KTG 19186 b
	69	+
	70	+
	71	+
	72	+
	73	+
	74	+
	75	+
	76	+
	77	+
	78	+	SB1504 LRB104 09130 KTG 19186 b
	79	+
	80	+
	81	+	SB1504- 2 -LRB104 09130 KTG 19186 b SB1504 - 2 - LRB104 09130 KTG 19186 b
	82	+	SB1504 - 2 - LRB104 09130 KTG 19186 b
	83	+	1 disability, social adjustment or any combination
	84	+	2 thereof, or because of the need to complete an
	85	+	3 educational or vocational training program.
	86	+	4 (2) "Homeless youth" means persons found within the
	87	+	5 State who are under the age of 19, are not in a safe and
	88	+	6 stable living situation and cannot be reunited with their
	89	+	7 families.
	90	+	8 (3) "Child welfare services" means public social
	91	+	9 services which are directed toward the accomplishment of
	92	+	10 the following purposes:
	93	+	11 (A) protecting and promoting the health, safety
	94	+	12 and welfare of children, including homeless,
	95	+	13 dependent, or neglected children;
	96	+	14 (B) remedying, or assisting in the solution of
	97	+	15 problems which may result in, the neglect, abuse,
	98	+	16 exploitation, or delinquency of children;
	99	+	17 (C) preventing the unnecessary separation of
	100	+	18 children from their families by identifying family
	101	+	19 problems, assisting families in resolving their
	102	+	20 problems, and preventing the breakup of the family
	103	+	21 where the prevention of child removal is desirable and
	104	+	22 possible when the child can be cared for at home
	105	+	23 without endangering the child's health and safety;
	106	+	24 (D) restoring to their families children who have
	107	+	25 been removed, by the provision of services to the
	108	+	26 child and the families when the child can be cared for
	109	+
	110	+
	111	+
	112	+
	113	+
	114	+	SB1504 - 2 - LRB104 09130 KTG 19186 b
	115	+
	116	+
	117	+	SB1504- 3 -LRB104 09130 KTG 19186 b SB1504 - 3 - LRB104 09130 KTG 19186 b
	118	+	SB1504 - 3 - LRB104 09130 KTG 19186 b
	119	+	1 at home without endangering the child's health and
	120	+	2 safety;
	121	+	3 (E) placing children in suitable permanent family
	122	+	4 arrangements, through guardianship or adoption, in
	123	+	5 cases where restoration to the birth family is not
	124	+	6 safe, possible, or appropriate;
	125	+	7 (F) at the time of placement, conducting
	126	+	8 concurrent planning, as described in subsection (l-1)
	127	+	9 of this Section, so that permanency may occur at the
	128	+	10 earliest opportunity. Consideration should be given so
	129	+	11 that if reunification fails or is delayed, the
	130	+	12 placement made is the best available placement to
	131	+	13 provide permanency for the child;
	132	+	14 (F-1) assisting youth in care, for whom a court has
	133	+	15 entered a permanency goal of independence or home
	134	+	16 environment not appropriate in accordance with Section
	135	+	17 2-28 of the Juvenile Court Act of 1987, to successfully
	136	+	18 transition out of the Department's care;
	137	+	19 (G) (blank);
	138	+	20 (H) (blank); and
	139	+	21 (I) placing and maintaining children in facilities
	140	+	22 that provide separate living quarters for children
	141	+	23 under the age of 18 and for children 18 years of age
	142	+	24 and older, unless a child 18 years of age is in the
	143	+	25 last year of high school education or vocational
	144	+	26 training, in an approved individual or group treatment
	145	+
	146	+
	147	+
	148	+
	149	+
	150	+	SB1504 - 3 - LRB104 09130 KTG 19186 b
	151	+
	152	+
	153	+	SB1504- 4 -LRB104 09130 KTG 19186 b SB1504 - 4 - LRB104 09130 KTG 19186 b
	154	+	SB1504 - 4 - LRB104 09130 KTG 19186 b
	155	+	1 program, in a licensed shelter facility, or secure
	156	+	2 child care facility. The Department is not required to
	157	+	3 place or maintain children:
	158	+	4 (i) who are in a foster home, or
	159	+	5 (ii) who are persons with a developmental
	160	+	6 disability, as defined in the Mental Health and
	161	+	7 Developmental Disabilities Code, or
	162	+	8 (iii) who are female children who are
	163	+	9 pregnant, pregnant and parenting, or parenting, or
	164	+	10 (iv) who are siblings, in facilities that
	165	+	11 provide separate living quarters for children 18
	166	+	12 years of age and older and for children under 18
	167	+	13 years of age.
	168	+	14 (b) (Blank).
	169	+	15 (b-5) The Department shall adopt rules to establish a
	170	+	16 process for all licensed residential providers in Illinois to
	171	+	17 submit data as required by the Department if they contract or
	172	+	18 receive reimbursement for children's mental health, substance
	173	+	19 use, and developmental disability services from the Department
	174	+	20 of Human Services, the Department of Juvenile Justice, or the
	175	+	21 Department of Healthcare and Family Services. The requested
	176	+	22 data must include, but is not limited to, capacity, staffing,
	177	+	23 and occupancy data for the purpose of establishing State need
	178	+	24 and placement availability.
	179	+	25 All information collected, shared, or stored pursuant to
	180	+	26 this subsection shall be handled in accordance with all State
	181	+
	182	+
	183	+
	184	+
	185	+
	186	+	SB1504 - 4 - LRB104 09130 KTG 19186 b
	187	+
	188	+
	189	+	SB1504- 5 -LRB104 09130 KTG 19186 b SB1504 - 5 - LRB104 09130 KTG 19186 b
	190	+	SB1504 - 5 - LRB104 09130 KTG 19186 b
	191	+	1 and federal privacy laws and accompanying regulations and
	192	+	2 rules, including without limitation the federal Health
	193	+	3 Insurance Portability and Accountability Act of 1996 (Public
	194	+	4 Law 104-191) and the Mental Health and Developmental
	195	+	5 Disabilities Confidentiality Act.
	196	+	6 (c) The Department shall establish and maintain
	197	+	7 tax-supported child welfare services and extend and seek to
	198	+	8 improve voluntary services throughout the State, to the end
	199	+	9 that services and care shall be available on an equal basis
	200	+	10 throughout the State to children requiring such services.
	201	+	11 (d) The Director may authorize advance disbursements for
	202	+	12 any new program initiative to any agency contracting with the
	203	+	13 Department. As a prerequisite for an advance disbursement, the
	204	+	14 contractor must post a surety bond in the amount of the advance
	205	+	15 disbursement and have a purchase of service contract approved
	206	+	16 by the Department. The Department may pay up to 2 months
	207	+	17 operational expenses in advance. The amount of the advance
	208	+	18 disbursement shall be prorated over the life of the contract
	209	+	19 or the remaining months of the fiscal year, whichever is less,
	210	+	20 and the installment amount shall then be deducted from future
	211	+	21 bills. Advance disbursement authorizations for new initiatives
	212	+	22 shall not be made to any agency after that agency has operated
	213	+	23 during 2 consecutive fiscal years. The requirements of this
	214	+	24 Section concerning advance disbursements shall not apply with
	215	+	25 respect to the following: payments to local public agencies
	216	+	26 for child day care services as authorized by Section 5a of this
	217	+
	218	+
	219	+
	220	+
	221	+
	222	+	SB1504 - 5 - LRB104 09130 KTG 19186 b
	223	+
	224	+
	225	+	SB1504- 6 -LRB104 09130 KTG 19186 b SB1504 - 6 - LRB104 09130 KTG 19186 b
	226	+	SB1504 - 6 - LRB104 09130 KTG 19186 b
	227	+	1 Act; and youth service programs receiving grant funds under
	228	+	2 Section 17a-4.
	229	+	3 (e) (Blank).
	230	+	4 (f) (Blank).
	231	+	5 (g) The Department shall establish rules and regulations
	232	+	6 concerning its operation of programs designed to meet the
	233	+	7 goals of child safety and protection, family preservation,
	234	+	8 family reunification, and adoption, including, but not limited
	235	+	9 to:
	236	+	10 (1) adoption;
	237	+	11 (2) foster care;
1340	238		12 (3) family counseling;
1341	239		13 (4) protective services;
1342	240		14 (5) (blank);
1343	241		15 (6) homemaker service;
1344	242		16 (7) return of runaway children;
1345	243		17 (8) (blank);
1346	244		18 (9) placement under Section 5-7 of the Juvenile Court
1347	245		19 Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
1348	246		20 Court Act of 1987 in accordance with the federal Adoption
1349	247		21 Assistance and Child Welfare Act of 1980; and
1350	248		22 (10) interstate services; and .
1351		-	23 (11) ~~transition planning for~~ youth ~~aging out of care.~~
1352		-	24 ~~Rules and regulations established by~~ the Department ~~shall~~
1353		-	25 ~~include provisions for training~~ Department ~~staff and the staff~~
1354		-	26 of Department ~~grantees, through contracts with other agencies~~
1355		-
1356		-
1357		-
1358		-
1359		-
1360		-	SB1504 ~~Engrossed - 38~~ - LRB104 09130 KTG 19186 b
1361		-
1362		-
1363		-	SB1504 ~~Engrossed- 39~~ -LRB104 09130 KTG 19186 b SB1504 ~~Engrossed - 39~~ - LRB104 09130 KTG 19186 b
1364		-	SB1504 ~~Engrossed - 39~~ - LRB104 09130 KTG 19186 b
1365		-	1 ~~or resources~~, ~~in screening techniques to identify substance~~
1366		-	2 ~~use disorders~~, ~~as defined~~ in ~~the~~ Substance ~~Use Disorder Act,~~
1367		-	3 ~~approved by the Department of Human Services~~, as ~~a successor~~
1368		-	4 to the Department of ~~Alcoholism and Substance Abuse~~, ~~for the~~
1369		-	5 ~~purpose~~ of ~~identifying children~~ and ~~adults who should be~~
1370		-	6 ~~referred for an assessment at an organization appropriately~~
1371		-	7 ~~licensed by the Department of Human Services~~ for ~~substance use~~
1372		-	8 ~~disorder treatment.~~
1373		-	9 ~~(h) If the Department finds that there is no appropriate~~
1374		-	10 ~~program or facility within or available to~~ the Department ~~for~~
1375		-	11 ~~a youth in care and that no licensed private~~ facility ~~has an~~
1376		-	12 ~~adequate~~ and ~~appropriate program or none agrees to accept the~~
1377		-	13 ~~youth in care,~~ the ~~Department shall create an appropriate~~
1378		-	14 ~~individualized, program-oriented plan for such~~ youth in care.
1379		-	15 ~~The~~ plan ~~may be developed within the Department or through~~
1380		-	16 ~~purchase of services by~~ the Department ~~to the extent that it is~~
1381		-	17 ~~within its statutory authority~~ to ~~do.~~
1382		-	18 ~~(i) Service programs shall be available throughout the~~
1383		-	19 ~~State and~~ shall ~~include but not~~ be ~~limited to~~ the ~~following~~
1384		-	20 ~~services:~~
1385		-	21 ~~(1) case management;~~
1386		-	22 (2) ~~homemakers~~;
1387		-	23 (3) ~~counseling~~;
1388		-	24 (4) ~~parent education~~;
1389		-	25 (5) ~~day care~~;
1390		-	26 (6) ~~emergency assistance and advocacy~~; and
1391		-
1392		-
1393		-
1394		-
1395		-
1396		-	SB1504 ~~Engrossed - 39~~ - LRB104 09130 KTG 19186 b
1397		-
1398		-
1399		-	SB1504 ~~Engrossed- 40~~ -LRB104 09130 KTG 19186 b SB1504 ~~Engrossed - 40~~ - LRB104 09130 KTG 19186 b
1400		-	SB1504 ~~Engrossed - 40~~ - LRB104 09130 KTG 19186 b
1401		-	1 (7) ~~kinship navigator~~ and ~~relative caregiver supports~~.
	249	+	23 (11) assisting youth aged 18 and over to successfully
	250	+	24 transition out of the Department's care.
	251	+	25 Rules and regulations established by the Department shall
	252	+	26 include provisions for training Department staff and the staff
	253	+
	254	+
	255	+
	256	+
	257	+
	258	+	SB1504 - 6 - LRB104 09130 KTG 19186 b
	259	+
	260	+
	261	+	SB1504- 7 -LRB104 09130 KTG 19186 b SB1504 - 7 - LRB104 09130 KTG 19186 b
	262	+	SB1504 - 7 - LRB104 09130 KTG 19186 b
	263	+	1 of Department grantees, through contracts with other agencies
	264	+	2 or resources, in screening techniques to identify substance
	265	+	3 use disorders, as defined in the Substance Use Disorder Act,
	266	+	4 approved by the Department of Human Services, as a successor
	267	+	5 to the Department of Alcoholism and Substance Abuse, for the
	268	+	6 purpose of identifying children and adults who should be
	269	+	7 referred for an assessment at an organization appropriately
	270	+	8 licensed by the Department of Human Services for substance use
	271	+	9 disorder treatment.
	272	+	10 (h) If the Department finds that there is no appropriate
	273	+	11 program or facility within or available to the Department for
	274	+	12 a youth in care and that no licensed private facility has an
	275	+	13 adequate and appropriate program or none agrees to accept the
	276	+	14 youth in care, the Department shall create an appropriate
	277	+	15 individualized, program-oriented plan for such youth in care.
	278	+	16 The plan may be developed within the Department or through
	279	+	17 purchase of services by the Department to the extent that it is
	280	+	18 within its statutory authority to do.
	281	+	19 (i) Service programs shall be available throughout the
	282	+	20 State and shall include but not be limited to the following
	283	+	21 services:
	284	+	22 (1) case management;
	285	+	23 (2) homemakers;
	286	+	24 (3) counseling;
	287	+	25 (4) parent education;
	288	+	26 (5) day care; and
	289	+
	290	+
	291	+
	292	+
	293	+
	294	+	SB1504 - 7 - LRB104 09130 KTG 19186 b
	295	+
	296	+
	297	+	SB1504- 8 -LRB104 09130 KTG 19186 b SB1504 - 8 - LRB104 09130 KTG 19186 b
	298	+	SB1504 - 8 - LRB104 09130 KTG 19186 b
	299	+	1 (6) emergency assistance and advocacy.
1402	300		2 In addition, the following services may be made available
1403	301		3 to assess and meet the needs of children and families:
1404	302		4 (1) comprehensive family-based services;
1405	303		5 (2) assessments;
1406	304		6 (3) respite care; and
1407	305		7 (4) in-home health services.
1408	306		8 The Department shall provide transportation for any of the
1409	307		9 services it makes available to children or families or for
1410	308		10 which it refers children or families.
1411	309		11 (j) The Department may provide categories of financial
1412	310		12 assistance and education assistance grants, and shall
1413	311		13 establish rules and regulations concerning the assistance and
1414		-	14 grants, to persons who adopt or become subsidized guardians of
1415		-	15 children with physical or mental disabilities, children who
1416		-	16 are older, or other hard-to-place children who (i) immediately
1417		-	17 prior to their adoption or subsidized guardianship were youth
1418		-	18 in care or (ii) were determined eligible for financial
1419		-	19 assistance with respect to a prior adoption and who become
1420		-	20 available for adoption because the prior adoption has been
1421		-	21 dissolved and the parental rights of the adoptive parents have
1422		-	22 been terminated or because the child's adoptive parents have
1423		-	23 died. The Department may continue to provide financial
1424		-	24 assistance and education assistance grants for a child who was
1425		-	25 determined eligible for financial assistance under this
1426		-	26 subsection (j) in the interim period beginning when the
1427		-
1428		-
1429		-
1430		-
1431		-
1432		-	SB1504 Engrossed - 40 - LRB104 09130 KTG 19186 b
1433		-
1434		-
1435		-	SB1504 Engrossed- 41 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 41 - LRB104 09130 KTG 19186 b
1436		-	SB1504 Engrossed - 41 - LRB104 09130 KTG 19186 b
1437		-	1 child's adoptive parents died and ending with the finalization
1438		-	2 of the new adoption of the child by another adoptive parent or
1439		-	3 parents. The Department may also provide categories of
1440		-	4 financial assistance and education assistance grants, and
1441		-	5 shall establish rules and regulations for the assistance and
1442		-	6 grants, to persons appointed guardian of the person under
1443		-	7 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
1444		-	8 4-25, or 5-740 of the Juvenile Court Act of 1987 for children
1445		-	9 who were youth in care for 12 months immediately prior to the
1446		-	10 appointment of the guardian.
1447		-	11 The amount of assistance may vary, depending upon the
1448		-	12 needs of the child and the adoptive parents or subsidized
1449		-	13 guardians, as set forth in the annual assistance agreement.
1450		-	14 Special purpose grants are allowed where the child requires
1451		-	15 special service but such costs may not exceed the amounts
1452		-	16 which similar services would cost the Department if it were to
1453		-	17 provide or secure them as guardian of the child.
1454		-	18 Any financial assistance provided under this subsection is
1455		-	19 inalienable by assignment, sale, execution, attachment,
1456		-	20 garnishment, or any other remedy for recovery or collection of
1457		-	21 a judgment or debt.
1458		-	22 (j-5) The Department shall not deny or delay the placement
1459		-	23 of a child for adoption if an approved family is available
1460		-	24 either outside of the Department region handling the case, or
1461		-	25 outside of the State of Illinois.
1462		-	26 (k) The Department shall accept for care and training any
1463		-
1464		-
1465		-
1466		-
1467		-
1468		-	SB1504 Engrossed - 41 - LRB104 09130 KTG 19186 b
1469		-
1470		-
1471		-	SB1504 Engrossed- 42 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 42 - LRB104 09130 KTG 19186 b
1472		-	SB1504 Engrossed - 42 - LRB104 09130 KTG 19186 b
1473		-	1 child who has been adjudicated neglected or abused, or
1474		-	2 dependent committed to it pursuant to the Juvenile Court Act
1475		-	3 or the Juvenile Court Act of 1987.
1476		-	4 (l) The Department shall offer family preservation
1477		-	5 services, as defined in Section 8.2 of the Abused and
1478		-	6 Neglected Child Reporting Act, to help families, including
1479		-	7 adoptive and extended families. Family preservation services
1480		-	8 shall be offered (i) to prevent the placement of children in
1481		-	9 substitute care when the children can be cared for at home or
1482		-	10 in the custody of the person responsible for the children's
1483		-	11 welfare, (ii) to reunite children with their families, or
1484		-	12 (iii) to maintain an adoption or subsidized guardianship.
1485		-	13 Family preservation services shall only be offered when doing
1486		-	14 so will not endanger the children's health or safety. With
1487		-	15 respect to children who are in substitute care pursuant to the
1488		-	16 Juvenile Court Act of 1987, family preservation services shall
1489		-	17 not be offered if a goal other than those of subdivisions (A),
1490		-	18 (B), or (B-1) of subsection (2.3) of Section 2-28 of that Act
1491		-	19 has been set, except that reunification services may be
1492		-	20 offered as provided in paragraph (F) of subsection (2.3) of
1493		-	21 Section 2-28 of that Act. Nothing in this paragraph shall be
1494		-	22 construed to create a private right of action or claim on the
1495		-	23 part of any individual or child welfare agency, except that
1496		-	24 when a child is the subject of an action under Article II of
1497		-	25 the Juvenile Court Act of 1987 and the child's service plan
1498		-	26 calls for services to facilitate achievement of the permanency
1499		-
1500		-
1501		-
1502		-
1503		-
1504		-	SB1504 Engrossed - 42 - LRB104 09130 KTG 19186 b
1505		-
1506		-
1507		-	SB1504 Engrossed- 43 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 43 - LRB104 09130 KTG 19186 b
1508		-	SB1504 Engrossed - 43 - LRB104 09130 KTG 19186 b
1509		-	1 goal, the court hearing the action under Article II of the
1510		-	2 Juvenile Court Act of 1987 may order the Department to provide
1511		-	3 the services set out in the plan, if those services are not
1512		-	4 provided with reasonable promptness and if those services are
1513		-	5 available.
1514		-	6 The Department shall notify the child and the child's
1515		-	7 family of the Department's responsibility to offer and provide
1516		-	8 family preservation services as identified in the service
1517		-	9 plan. The child and the child's family shall be eligible for
1518		-	10 services as soon as the report is determined to be
1519		-	11 "indicated". The Department may offer services to any child or
1520		-	12 family with respect to whom a report of suspected child abuse
1521		-	13 or neglect has been filed, prior to concluding its
1522		-	14 investigation under Section 7.12 of the Abused and Neglected
1523		-	15 Child Reporting Act. However, the child's or family's
1524		-	16 willingness to accept services shall not be considered in the
1525		-	17 investigation. The Department may also provide services to any
1526		-	18 child or family who is the subject of any report of suspected
1527		-	19 child abuse or neglect or may refer such child or family to
1528		-	20 services available from other agencies in the community, even
1529		-	21 if the report is determined to be unfounded, if the conditions
1530		-	22 in the child's or family's home are reasonably likely to
1531		-	23 subject the child or family to future reports of suspected
1532		-	24 child abuse or neglect. Acceptance of such services shall be
1533		-	25 voluntary. The Department may also provide services to any
1534		-	26 child or family after completion of a family assessment, as an
1535		-
1536		-
1537		-
1538		-
1539		-
1540		-	SB1504 Engrossed - 43 - LRB104 09130 KTG 19186 b
1541		-
1542		-
1543		-	SB1504 Engrossed- 44 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 44 - LRB104 09130 KTG 19186 b
1544		-	SB1504 Engrossed - 44 - LRB104 09130 KTG 19186 b
1545		-	1 alternative to an investigation, as provided under the
1546		-	2 "differential response program" provided for in subsection
1547		-	3 (a-5) of Section 7.4 of the Abused and Neglected Child
1548		-	4 Reporting Act.
1549		-	5 The Department may, at its discretion except for those
1550		-	6 children also adjudicated neglected or dependent, accept for
1551		-	7 care and training any child who has been adjudicated addicted,
1552		-	8 as a truant minor in need of supervision or as a minor
1553		-	9 requiring authoritative intervention, under the Juvenile Court
1554		-	10 Act or the Juvenile Court Act of 1987, but no such child shall
1555		-	11 be committed to the Department by any court without the
1556		-	12 approval of the Department. On and after January 1, 2015 (the
1557		-	13 effective date of Public Act 98-803) and before January 1,
1558		-	14 2017, a minor charged with a criminal offense under the
1559		-	15 Criminal Code of 1961 or the Criminal Code of 2012 or
1560		-	16 adjudicated delinquent shall not be placed in the custody of
1561		-	17 or committed to the Department by any court, except (i) a minor
1562		-	18 less than 16 years of age committed to the Department under
1563		-	19 Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
1564		-	20 for whom an independent basis of abuse, neglect, or dependency
1565		-	21 exists, which must be defined by departmental rule, or (iii) a
1566		-	22 minor for whom the court has granted a supplemental petition
1567		-	23 to reinstate wardship pursuant to subsection (2) of Section
1568		-	24 2-33 of the Juvenile Court Act of 1987. On and after January 1,
1569		-	25 2017, a minor charged with a criminal offense under the
1570		-	26 Criminal Code of 1961 or the Criminal Code of 2012 or
1571		-
1572		-
1573		-
1574		-
1575		-
1576		-	SB1504 Engrossed - 44 - LRB104 09130 KTG 19186 b
1577		-
1578		-
1579		-	SB1504 Engrossed- 45 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 45 - LRB104 09130 KTG 19186 b
1580		-	SB1504 Engrossed - 45 - LRB104 09130 KTG 19186 b
1581		-	1 adjudicated delinquent shall not be placed in the custody of
1582		-	2 or committed to the Department by any court, except (i) a minor
1583		-	3 less than 15 years of age committed to the Department under
1584		-	4 Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
1585		-	5 for whom an independent basis of abuse, neglect, or dependency
1586		-	6 exists, which must be defined by departmental rule, or (iii) a
1587		-	7 minor for whom the court has granted a supplemental petition
1588		-	8 to reinstate wardship pursuant to subsection (2) of Section
1589		-	9 2-33 of the Juvenile Court Act of 1987. An independent basis
1590		-	10 exists when the allegations or adjudication of abuse, neglect,
1591		-	11 or dependency do not arise from the same facts, incident, or
1592		-	12 circumstances which give rise to a charge or adjudication of
1593		-	13 delinquency. The Department shall assign a caseworker to
1594		-	14 attend any hearing involving a youth in the care and custody of
1595		-	15 the Department who is placed on aftercare release, including
1596		-	16 hearings involving sanctions for violation of aftercare
1597		-	17 release conditions and aftercare release revocation hearings.
1598		-	18 As soon as is possible, the Department shall develop and
1599		-	19 implement a special program of family preservation services to
1600		-	20 support intact, relative, foster, and adoptive families who
1601		-	21 are experiencing extreme hardships due to the difficulty and
1602		-	22 stress of caring for a child who has been diagnosed with a
1603		-	23 pervasive developmental disorder if the Department determines
1604		-	24 that those services are necessary to ensure the health and
1605		-	25 safety of the child. The Department may offer services to any
1606		-	26 family whether or not a report has been filed under the Abused
1607		-
1608		-
1609		-
1610		-
1611		-
1612		-	SB1504 Engrossed - 45 - LRB104 09130 KTG 19186 b
1613		-
1614		-
1615		-	SB1504 Engrossed- 46 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 46 - LRB104 09130 KTG 19186 b
1616		-	SB1504 Engrossed - 46 - LRB104 09130 KTG 19186 b
1617		-	1 and Neglected Child Reporting Act. The Department may refer
1618		-	2 the child or family to services available from other agencies
1619		-	3 in the community if the conditions in the child's or family's
1620		-	4 home are reasonably likely to subject the child or family to
1621		-	5 future reports of suspected child abuse or neglect. Acceptance
1622		-	6 of these services shall be voluntary. The Department shall
1623		-	7 develop and implement a public information campaign to alert
1624		-	8 health and social service providers and the general public
1625		-	9 about these special family preservation services. The nature
1626		-	10 and scope of the services offered and the number of families
1627		-	11 served under the special program implemented under this
1628		-	12 paragraph shall be determined by the level of funding that the
1629		-	13 Department annually allocates for this purpose. The term
1630		-	14 "pervasive developmental disorder" under this paragraph means
1631		-	15 a neurological condition, including, but not limited to,
1632		-	16 Asperger's Syndrome and autism, as defined in the most recent
1633		-	17 edition of the Diagnostic and Statistical Manual of Mental
1634		-	18 Disorders of the American Psychiatric Association.
1635		-	19 (l-1) The General Assembly recognizes that the best
1636		-	20 interests of the child require that the child be placed in the
1637		-	21 most permanent living arrangement that is an appropriate
1638		-	22 option for the child, consistent with the child's best
1639		-	23 interest, using the factors set forth in subsection (4.05) of
1640		-	24 Section 1-3 of the Juvenile Court Act of 1987 as soon as is
1641		-	25 practically possible. To achieve this goal, the General
1642		-	26 Assembly directs the Department of Children and Family
1643		-
1644		-
1645		-
1646		-
1647		-
1648		-	SB1504 Engrossed - 46 - LRB104 09130 KTG 19186 b
1649		-
1650		-
1651		-	SB1504 Engrossed- 47 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 47 - LRB104 09130 KTG 19186 b
1652		-	SB1504 Engrossed - 47 - LRB104 09130 KTG 19186 b
1653		-	1 Services to conduct concurrent planning so that permanency may
1654		-	2 occur at the earliest opportunity. Permanent living
1655		-	3 arrangements may include prevention of placement of a child
1656		-	4 outside the home of the family when the child can be cared for
1657		-	5 at home without endangering the child's health or safety;
1658		-	6 reunification with the family, when safe and appropriate, if
1659		-	7 temporary placement is necessary; or movement of the child
1660		-	8 toward the most appropriate living arrangement and legal
1661		-	9 status.
1662		-	10 When determining reasonable efforts to be made with
1663		-	11 respect to a child, as described in this subsection, and in
1664		-	12 making such reasonable efforts, the child's health and safety
1665		-	13 shall be the paramount concern.
1666		-	14 When a child is placed in foster care, the Department
1667		-	15 shall ensure and document that reasonable efforts were made to
1668		-	16 prevent or eliminate the need to remove the child from the
1669		-	17 child's home. The Department must make reasonable efforts to
1670		-	18 reunify the family when temporary placement of the child
1671		-	19 occurs unless otherwise required, pursuant to the Juvenile
1672		-	20 Court Act of 1987. At any time after the dispositional hearing
1673		-	21 where the Department believes that further reunification
1674		-	22 services would be ineffective, it may request a finding from
1675		-	23 the court that reasonable efforts are no longer appropriate.
1676		-	24 The Department is not required to provide further
1677		-	25 reunification services after such a finding.
1678		-	26 A decision to place a child in substitute care shall be
1679		-
1680		-
1681		-
1682		-
1683		-
1684		-	SB1504 Engrossed - 47 - LRB104 09130 KTG 19186 b
1685		-
1686		-
1687		-	SB1504 Engrossed- 48 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 48 - LRB104 09130 KTG 19186 b
1688		-	SB1504 Engrossed - 48 - LRB104 09130 KTG 19186 b
1689		-	1 made with considerations of the child's health, safety, and
1690		-	2 best interests. The Department shall make diligent efforts to
1691		-	3 place the child with a relative, document those diligent
1692		-	4 efforts, and document reasons for any failure or inability to
1693		-	5 secure such a relative placement. If the primary issue
1694		-	6 preventing an emergency placement of a child with a relative
1695		-	7 is a lack of resources, including, but not limited to,
1696		-	8 concrete goods, safety modifications, and services, the
1697		-	9 Department shall make diligent efforts to assist the relative
1698		-	10 in obtaining the necessary resources. No later than July 1,
1699		-	11 2025, the Department shall adopt rules defining what is
1700		-	12 diligent and necessary in providing supports to potential
1701		-	13 relative placements. At the time of placement, consideration
1702		-	14 should also be given so that if reunification fails or is
1703		-	15 delayed, the placement has the potential to be an appropriate
1704		-	16 permanent placement for the child.
1705		-	17 The Department shall adopt rules addressing concurrent
1706		-	18 planning for reunification and permanency. The Department
1707		-	19 shall consider the following factors when determining
1708		-	20 appropriateness of concurrent planning:
1709		-	21 (1) the likelihood of prompt reunification;
1710		-	22 (2) the past history of the family;
1711		-	23 (3) the barriers to reunification being addressed by
1712		-	24 the family;
1713		-	25 (4) the level of cooperation of the family;
1714		-	26 (4.5) the child's wishes;
1715		-
1716		-
1717		-
1718		-
1719		-
1720		-	SB1504 Engrossed - 48 - LRB104 09130 KTG 19186 b
1721		-
1722		-
1723		-	SB1504 Engrossed- 49 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 49 - LRB104 09130 KTG 19186 b
1724		-	SB1504 Engrossed - 49 - LRB104 09130 KTG 19186 b
1725		-	1 (5) the caregivers' willingness to work with the
1726		-	2 family to reunite;
1727		-	3 (6) the willingness and ability of the caregivers' to
1728		-	4 provide a permanent placement;
1729		-	5 (7) the age of the child;
1730		-	6 (8) placement of siblings; and
1731		-	7 (9) the wishes of the parent or parents unless the
1732		-	8 parental preferences are contrary to the best interests of
1733		-	9 the child.
1734		-	10 (m) The Department may assume temporary custody of any
1735		-	11 child if:
1736		-	12 (1) it has received a written consent to such
1737		-	13 temporary custody signed by the parents of the child or by
1738		-	14 the parent having custody of the child if the parents are
1739		-	15 not living together or by the guardian or custodian of the
1740		-	16 child if the child is not in the custody of either parent,
1741		-	17 or
1742		-	18 (2) the child is found in the State and neither a
1743		-	19 parent, guardian nor custodian of the child can be
1744		-	20 located.
1745		-	21 If the child is found in the child's residence without a
1746		-	22 parent, guardian, custodian, or responsible caretaker, the
1747		-	23 Department may, instead of removing the child and assuming
1748		-	24 temporary custody, place an authorized representative of the
1749		-	25 Department in that residence until such time as a parent,
1750		-	26 guardian, or custodian enters the home and expresses a
1751		-
1752		-
1753		-
1754		-
1755		-
1756		-	SB1504 Engrossed - 49 - LRB104 09130 KTG 19186 b
1757		-
1758		-
1759		-	SB1504 Engrossed- 50 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 50 - LRB104 09130 KTG 19186 b
1760		-	SB1504 Engrossed - 50 - LRB104 09130 KTG 19186 b
1761		-	1 willingness and apparent ability to ensure the child's health
1762		-	2 and safety and resume permanent charge of the child, or until a
1763		-	3 relative enters the home and is willing and able to ensure the
1764		-	4 child's health and safety and assume charge of the child until
1765		-	5 a parent, guardian, or custodian enters the home and expresses
1766		-	6 such willingness and ability to ensure the child's safety and
1767		-	7 resume permanent charge. After a caretaker has remained in the
1768		-	8 home for a period not to exceed 12 hours, the Department must
1769		-	9 follow those procedures outlined in Section 2-9, 3-11, 4-8, or
1770		-	10 5-415 of the Juvenile Court Act of 1987.
1771		-	11 The Department shall have the authority, responsibilities
1772		-	12 and duties that a legal custodian of the child would have
1773		-	13 pursuant to subsection (9) of Section 1-3 of the Juvenile
1774		-	14 Court Act of 1987. Whenever a child is taken into temporary
1775		-	15 custody pursuant to an investigation under the Abused and
1776		-	16 Neglected Child Reporting Act, or pursuant to a referral and
1777		-	17 acceptance under the Juvenile Court Act of 1987 of a minor in
1778		-	18 limited custody, the Department, during the period of
1779		-	19 temporary custody and before the child is brought before a
1780		-	20 judicial officer as required by Section 2-9, 3-11, 4-8, or
1781		-	21 5-415 of the Juvenile Court Act of 1987, shall have the
1782		-	22 authority, responsibilities and duties that a legal custodian
1783		-	23 of the child would have under subsection (9) of Section 1-3 of
1784		-	24 the Juvenile Court Act of 1987.
1785		-	25 The Department shall ensure that any child taken into
1786		-	26 custody is scheduled for an appointment for a medical
1787		-
1788		-
1789		-
1790		-
1791		-
1792		-	SB1504 Engrossed - 50 - LRB104 09130 KTG 19186 b
1793		-
1794		-
1795		-	SB1504 Engrossed- 51 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 51 - LRB104 09130 KTG 19186 b
1796		-	SB1504 Engrossed - 51 - LRB104 09130 KTG 19186 b
1797		-	1 examination.
1798		-	2 A parent, guardian, or custodian of a child in the
1799		-	3 temporary custody of the Department who would have custody of
1800		-	4 the child if the child were not in the temporary custody of the
1801		-	5 Department may deliver to the Department a signed request that
1802		-	6 the Department surrender the temporary custody of the child.
1803		-	7 The Department may retain temporary custody of the child for
1804		-	8 10 days after the receipt of the request, during which period
1805		-	9 the Department may cause to be filed a petition pursuant to the
1806		-	10 Juvenile Court Act of 1987. If a petition is so filed, the
1807		-	11 Department shall retain temporary custody of the child until
1808		-	12 the court orders otherwise. If a petition is not filed within
1809		-	13 the 10-day period, the child shall be surrendered to the
1810		-	14 custody of the requesting parent, guardian, or custodian not
1811		-	15 later than the expiration of the 10-day period, at which time
1812		-	16 the authority and duties of the Department with respect to the
1813		-	17 temporary custody of the child shall terminate.
1814		-	18 (m-1) The Department may place children under 18 years of
1815		-	19 age in a secure child care facility licensed by the Department
1816		-	20 that cares for children who are in need of secure living
1817		-	21 arrangements for their health, safety, and well-being after a
1818		-	22 determination is made by the facility director and the
1819		-	23 Director or the Director's designate prior to admission to the
1820		-	24 facility subject to Section 2-27.1 of the Juvenile Court Act
1821		-	25 of 1987. This subsection (m-1) does not apply to a child who is
1822		-	26 subject to placement in a correctional facility operated
1823		-
1824		-
1825		-
1826		-
1827		-
1828		-	SB1504 Engrossed - 51 - LRB104 09130 KTG 19186 b
1829		-
1830		-
1831		-	SB1504 Engrossed- 52 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 52 - LRB104 09130 KTG 19186 b
1832		-	SB1504 Engrossed - 52 - LRB104 09130 KTG 19186 b
1833		-	1 pursuant to Section 3-15-2 of the Unified Code of Corrections,
1834		-	2 unless the child is a youth in care who was placed in the care
1835		-	3 of the Department before being subject to placement in a
1836		-	4 correctional facility and a court of competent jurisdiction
1837		-	5 has ordered placement of the child in a secure care facility.
1838		-	6 (n) The Department may place children under 18 years of
1839		-	7 age in licensed child care facilities when in the opinion of
1840		-	8 the Department, appropriate services aimed at family
1841		-	9 preservation have been unsuccessful and cannot ensure the
1842		-	10 child's health and safety or are unavailable and such
1843		-	11 placement would be for their best interest. Payment for board,
1844		-	12 clothing, care, training and supervision of any child placed
1845		-	13 in a licensed child care facility may be made by the
1846		-	14 Department, by the parents or guardians of the estates of
1847		-	15 those children, or by both the Department and the parents or
1848		-	16 guardians, except that no payments shall be made by the
1849		-	17 Department for any child placed in a licensed child care
1850		-	18 facility for board, clothing, care, training, and supervision
1851		-	19 of such a child that exceed the average per capita cost of
1852		-	20 maintaining and of caring for a child in institutions for
1853		-	21 dependent or neglected children operated by the Department.
1854		-	22 However, such restriction on payments does not apply in cases
1855		-	23 where children require specialized care and treatment for
1856		-	24 problems of severe emotional disturbance, physical disability,
1857		-	25 social adjustment, or any combination thereof and suitable
1858		-	26 facilities for the placement of such children are not
1859		-
1860		-
1861		-
1862		-
1863		-
1864		-	SB1504 Engrossed - 52 - LRB104 09130 KTG 19186 b
1865		-
1866		-
1867		-	SB1504 Engrossed- 53 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 53 - LRB104 09130 KTG 19186 b
1868		-	SB1504 Engrossed - 53 - LRB104 09130 KTG 19186 b
1869		-	1 available at payment rates within the limitations set forth in
1870		-	2 this Section. All reimbursements for services delivered shall
1871		-	3 be absolutely inalienable by assignment, sale, attachment, or
1872		-	4 garnishment or otherwise.
1873		-	5 (n-1) The Department shall provide or authorize child
1874		-	6 welfare services, aimed at assisting minors to achieve
1875		-	7 sustainable self-sufficiency as independent adults, for any
1876		-	8 minor eligible for the reinstatement of wardship pursuant to
1877		-	9 subsection (2) of Section 2-33 of the Juvenile Court Act of
1878		-	10 1987, whether or not such reinstatement is sought or allowed,
1879		-	11 provided that the minor consents to such services and has not
1880		-	12 yet attained the age of 21. The Department shall have
1881		-	13 responsibility for the development and delivery of services
1882		-	14 under this Section. An eligible youth may access services
1883		-	15 under this Section through the Department of Children and
1884		-	16 Family Services or by referral from the Department of Human
1885		-	17 Services. Youth participating in services under this Section
1886		-	18 shall cooperate with the assigned case manager in developing
1887		-	19 an agreement identifying the services to be provided and how
1888		-	20 the youth will increase skills to achieve self-sufficiency. A
1889		-	21 homeless shelter is not considered appropriate housing for any
1890		-	22 youth receiving child welfare services under this Section. The
1891		-	23 Department shall continue child welfare services under this
1892		-	24 Section to any eligible minor until the minor becomes 21 years
1893		-	25 of age, no longer consents to participate, or achieves
1894		-	26 self-sufficiency as identified in the minor's service plan.
1895		-
1896		-
1897		-
1898		-
1899		-
1900		-	SB1504 Engrossed - 53 - LRB104 09130 KTG 19186 b
1901		-
1902		-
1903		-	SB1504 Engrossed- 54 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 54 - LRB104 09130 KTG 19186 b
1904		-	SB1504 Engrossed - 54 - LRB104 09130 KTG 19186 b
1905		-	1 The Department of Children and Family Services shall create
1906		-	2 clear, readable notice of the rights of former foster youth to
1907		-	3 child welfare services under this Section and how such
1908		-	4 services may be obtained. The Department of Children and
1909		-	5 Family Services and the Department of Human Services shall
1910		-	6 disseminate this information statewide. The Department shall
1911		-	7 adopt regulations describing services intended to assist
1912		-	8 minors in achieving sustainable self-sufficiency as
1913		-	9 independent adults.
1914		-	10 (o) The Department shall establish an administrative
1915		-	11 review and appeal process for children and families who
1916		-	12 request or receive child welfare services from the Department.
1917		-	13 Youth in care who are placed by private child welfare
1918		-	14 agencies, and caregivers with whom those youth are placed,
1919		-	15 shall be afforded the same procedural and appeal rights as
1920		-	16 children and families in the case of placement by the
1921		-	17 Department, including the right to an initial review of a
1922		-	18 private agency decision by that agency. The Department shall
1923		-	19 ensure that any private child welfare agency, which accepts
1924		-	20 youth in care for placement, affords those rights to children
1925		-	21 and caregivers with whom those children are placed. The
1926		-	22 Department shall accept for administrative review and an
1927		-	23 appeal hearing a complaint made by (i) a child or caregiver
1928		-	24 with whom the child is placed concerning a decision following
1929		-	25 an initial review by a private child welfare agency or (ii) a
1930		-	26 prospective adoptive parent who alleges a violation of
1931		-
1932		-
1933		-
1934		-
1935		-
1936		-	SB1504 Engrossed - 54 - LRB104 09130 KTG 19186 b
1937		-
1938		-
1939		-	SB1504 Engrossed- 55 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 55 - LRB104 09130 KTG 19186 b
1940		-	SB1504 Engrossed - 55 - LRB104 09130 KTG 19186 b
1941		-	1 subsection (j-5) of this Section. An appeal of a decision
1942		-	2 concerning a change in the placement of a child shall be
1943		-	3 conducted in an expedited manner. A court determination that a
1944		-	4 current placement is necessary and appropriate under Section
1945		-	5 2-28 of the Juvenile Court Act of 1987 does not constitute a
1946		-	6 judicial determination on the merits of an administrative
1947		-	7 appeal, filed by a former caregiver, involving a change of
1948		-	8 placement decision. No later than July 1, 2025, the Department
1949		-	9 shall adopt rules to develop a reconsideration process to
1950		-	10 review: a denial of certification of a relative, a denial of
1951		-	11 placement with a relative, and a denial of visitation with an
1952		-	12 identified relative. Rules shall include standards and
1953		-	13 criteria for reconsideration that incorporate the best
1954		-	14 interests of the child under subsection (4.05) of Section 1-3
1955		-	15 of the Juvenile Court Act of 1987, address situations where
1956		-	16 multiple relatives seek certification, and provide that all
1957		-	17 rules regarding placement changes shall be followed. The rules
1958		-	18 shall outline the essential elements of each form used in the
1959		-	19 implementation and enforcement of the provisions of this
1960		-	20 amendatory Act of the 103rd General Assembly.
1961		-	21 (p) (Blank).
1962		-	22 (q) The Department may receive and use, in their entirety,
1963		-	23 for the benefit of children any gift, donation, or bequest of
1964		-	24 money or other property which is received on behalf of such
1965		-	25 children, or any financial benefits to which such children are
1966		-	26 or may become entitled while under the jurisdiction or care of
1967		-
1968		-
1969		-
1970		-
1971		-
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1973		-
1974		-
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1976		-	SB1504 Engrossed - 56 - LRB104 09130 KTG 19186 b
1977		-	1 the Department, except that the benefits described in Section
1978		-	2 5.46 must be used and conserved consistent with the provisions
1979		-	3 under Section 5.46.
1980		-	4 The Department shall set up and administer no-cost,
1981		-	5 interest-bearing accounts in appropriate financial
1982		-	6 institutions for children for whom the Department is legally
1983		-	7 responsible and who have been determined eligible for
1984		-	8 Veterans' Benefits, Social Security benefits, assistance
1985		-	9 allotments from the armed forces, court ordered payments,
1986		-	10 parental voluntary payments, Supplemental Security Income,
1987		-	11 Railroad Retirement payments, Black Lung benefits, or other
1988		-	12 miscellaneous payments. Interest earned by each account shall
1989		-	13 be credited to the account, unless disbursed in accordance
1990		-	14 with this subsection.
1991		-	15 In disbursing funds from children's accounts, the
1992		-	16 Department shall:
1993		-	17 (1) Establish standards in accordance with State and
1994		-	18 federal laws for disbursing money from children's
1995		-	19 accounts. In all circumstances, the Department's
1996		-	20 Guardianship Administrator or the Guardianship
1997		-	21 Administrator's designee must approve disbursements from
1998		-	22 children's accounts. The Department shall be responsible
1999		-	23 for keeping complete records of all disbursements for each
2000		-	24 account for any purpose.
2001		-	25 (2) Calculate on a monthly basis the amounts paid from
2002		-	26 State funds for the child's board and care, medical care
2003		-
2004		-
2005		-
2006		-
2007		-
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2009		-
2010		-
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2012		-	SB1504 Engrossed - 57 - LRB104 09130 KTG 19186 b
2013		-	1 not covered under Medicaid, and social services; and
2014		-	2 utilize funds from the child's account, as covered by
2015		-	3 regulation, to reimburse those costs. Monthly,
2016		-	4 disbursements from all children's accounts, up to 1/12 of
2017		-	5 $13,000,000, shall be deposited by the Department into the
2018		-	6 General Revenue Fund and the balance over 1/12 of
2019		-	7 $13,000,000 into the DCFS Children's Services Fund.
2020		-	8 (3) Maintain any balance remaining after reimbursing
2021		-	9 for the child's costs of care, as specified in item (2).
2022		-	10 The balance shall accumulate in accordance with relevant
2023		-	11 State and federal laws and shall be disbursed to the child
2024		-	12 or the child's guardian or to the issuing agency.
2025		-	13 (r) The Department shall promulgate regulations
2026		-	14 encouraging all adoption agencies to voluntarily forward to
2027		-	15 the Department or its agent names and addresses of all persons
2028		-	16 who have applied for and have been approved for adoption of a
2029		-	17 hard-to-place child or child with a disability and the names
2030		-	18 of such children who have not been placed for adoption. A list
2031		-	19 of such names and addresses shall be maintained by the
2032		-	20 Department or its agent, and coded lists which maintain the
2033		-	21 confidentiality of the person seeking to adopt the child and
2034		-	22 of the child shall be made available, without charge, to every
2035		-	23 adoption agency in the State to assist the agencies in placing
2036		-	24 such children for adoption. The Department may delegate to an
2037		-	25 agent its duty to maintain and make available such lists. The
2038		-	26 Department shall ensure that such agent maintains the
2039		-
2040		-
2041		-
2042		-
2043		-
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2045		-
2046		-
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2048		-	SB1504 Engrossed - 58 - LRB104 09130 KTG 19186 b
2049		-	1 confidentiality of the person seeking to adopt the child and
2050		-	2 of the child.
2051		-	3 (s) The Department of Children and Family Services may
2052		-	4 establish and implement a program to reimburse caregivers
2053		-	5 licensed, certified, or otherwise approved by the Department
2054		-	6 of Children and Family Services for damages sustained by the
2055		-	7 caregivers as a result of the malicious or negligent acts of
2056		-	8 children placed by the Department, as well as providing third
2057		-	9 party coverage for such caregivers with regard to actions of
2058		-	10 children placed by the Department to other individuals. Such
2059		-	11 coverage will be secondary to the caregiver's liability
2060		-	12 insurance policy, if applicable. The program shall be funded
2061		-	13 through appropriations from the General Revenue Fund,
2062		-	14 specifically designated for such purposes.
2063		-	15 (t) The Department shall perform home studies and
2064		-	16 investigations and shall exercise supervision over visitation
2065		-	17 as ordered by a court pursuant to the Illinois Marriage and
2066		-	18 Dissolution of Marriage Act or the Adoption Act only if:
2067		-	19 (1) an order entered by an Illinois court specifically
2068		-	20 directs the Department to perform such services; and
2069		-	21 (2) the court has ordered one or both of the parties to
2070		-	22 the proceeding to reimburse the Department for its
2071		-	23 reasonable costs for providing such services in accordance
2072		-	24 with Department rules, or has determined that neither
2073		-	25 party is financially able to pay.
2074		-	26 The Department shall provide written notification to the
2075		-
2076		-
2077		-
2078		-
2079		-
2080		-	SB1504 Engrossed - 58 - LRB104 09130 KTG 19186 b
2081		-
2082		-
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2084		-	SB1504 Engrossed - 59 - LRB104 09130 KTG 19186 b
2085		-	1 court of the specific arrangements for supervised visitation
2086		-	2 and projected monthly costs within 60 days of the court order.
2087		-	3 The Department shall send to the court information related to
2088		-	4 the costs incurred except in cases where the court has
2089		-	5 determined the parties are financially unable to pay. The
2090		-	6 court may order additional periodic reports as appropriate.
2091		-	7 (u) In addition to other information that must be
2092		-	8 provided, whenever the Department places a child with a
2093		-	9 prospective adoptive parent or parents, in a licensed foster
2094		-	10 home, group home, or child care institution, in a relative
2095		-	11 home, or in a certified relative caregiver home, the
2096		-	12 Department shall provide to the caregiver, appropriate
2097		-	13 facility staff, or prospective adoptive parent or parents:
2098		-	14 (1) available detailed information concerning the
2099		-	15 child's educational and health history, copies of
2100		-	16 immunization records (including insurance and medical card
2101		-	17 information), a history of the child's previous
2102		-	18 placements, if any, and reasons for placement changes
2103		-	19 excluding any information that identifies or reveals the
2104		-	20 location of any previous caregiver or adoptive parents;
2105		-	21 (2) a copy of the child's portion of the client
2106		-	22 service plan, including any visitation arrangement, and
2107		-	23 all amendments or revisions to it as related to the child;
2108		-	24 and
2109		-	25 (3) information containing details of the child's
2110		-	26 individualized educational plan when the child is
2111		-
2112		-
2113		-
2114		-
2115		-
2116		-	SB1504 Engrossed - 59 - LRB104 09130 KTG 19186 b
2117		-
2118		-
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2120		-	SB1504 Engrossed - 60 - LRB104 09130 KTG 19186 b
2121		-	1 receiving special education services.
2122		-	2 The caregiver, appropriate facility staff, or prospective
2123		-	3 adoptive parent or parents, shall be informed of any known
2124		-	4 social or behavioral information (including, but not limited
2125		-	5 to, criminal background, fire setting, perpetuation of sexual
2126		-	6 abuse, destructive behavior, and substance abuse) necessary to
2127		-	7 care for and safeguard the children to be placed or currently
2128		-	8 in the home or setting. The Department may prepare a written
2129		-	9 summary of the information required by this paragraph, which
2130		-	10 may be provided to the caregiver, appropriate facility staff,
2131		-	11 or prospective adoptive parent in advance of a placement. The
2132		-	12 caregiver, appropriate facility staff, or prospective adoptive
2133		-	13 parent may review the supporting documents in the child's file
2134		-	14 in the presence of casework staff. In the case of an emergency
2135		-	15 placement, casework staff shall at least provide known
2136		-	16 information verbally, if necessary, and must subsequently
2137		-	17 provide the information in writing as required by this
2138		-	18 subsection.
2139		-	19 The information described in this subsection shall be
2140		-	20 provided in writing. In the case of emergency placements when
2141		-	21 time does not allow prior review, preparation, and collection
2142		-	22 of written information, the Department shall provide such
2143		-	23 information as it becomes available. Within 10 business days
2144		-	24 after placement, the Department shall obtain from the
2145		-	25 caregiver, appropriate facility staff, or prospective adoptive
2146		-	26 parent or parents a signed verification of receipt of the
2147		-
2148		-
2149		-
2150		-
2151		-
2152		-	SB1504 Engrossed - 60 - LRB104 09130 KTG 19186 b
2153		-
2154		-
2155		-	SB1504 Engrossed- 61 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 61 - LRB104 09130 KTG 19186 b
2156		-	SB1504 Engrossed - 61 - LRB104 09130 KTG 19186 b
2157		-	1 information provided. Within 10 business days after placement,
2158		-	2 the Department shall provide to the child's guardian ad litem
2159		-	3 a copy of the information provided to the caregiver,
2160		-	4 appropriate facility staff, or prospective adoptive parent or
2161		-	5 parents. The information provided to the caregiver,
2162		-	6 appropriate facility staff, or prospective adoptive parent or
2163		-	7 parents shall be reviewed and approved regarding accuracy at
2164		-	8 the supervisory level.
2165		-	9 (u-5) Beginning July 1, 2025, certified relative caregiver
2166		-	10 homes under Section 3.4 of the Child Care Act of 1969 shall be
2167		-	11 eligible to receive foster care maintenance payments from the
2168		-	12 Department in an amount no less than payments made to licensed
2169		-	13 foster family homes. Beginning July 1, 2025, relative homes
2170		-	14 providing care to a child placed by the Department that are not
2171		-	15 a certified relative caregiver home under Section 3.4 of the
2172		-	16 Child Care Act of 1969 or a licensed foster family home shall
2173		-	17 be eligible to receive payments from the Department in an
2174		-	18 amount no less 90% of the payments made to licensed foster
2175		-	19 family homes and certified relative caregiver homes.
2176		-	20 (u-6) To assist relative and certified relative
2177		-	21 caregivers, no later than July 1, 2025, the Department shall
2178		-	22 adopt rules to implement a relative support program, as
2179		-	23 follows:
2180		-	24 (1) For relative and certified relative caregivers,
2181		-	25 the Department is authorized to reimburse or prepay
2182		-	26 reasonable expenditures to remedy home conditions
2183		-
2184		-
2185		-
2186		-
2187		-
2188		-	SB1504 Engrossed - 61 - LRB104 09130 KTG 19186 b
2189		-
2190		-
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2192		-	SB1504 Engrossed - 62 - LRB104 09130 KTG 19186 b
2193		-	1 necessary to fulfill the home safety-related requirements
2194		-	2 of relative caregiver homes.
2195		-	3 (2) The Department may provide short-term emergency
2196		-	4 funds to relative and certified relative caregiver homes
2197		-	5 experiencing extreme hardships due to the difficulty and
2198		-	6 stress associated with adding youth in care as new
2199		-	7 household members.
2200		-	8 (3) Consistent with federal law, the Department shall
2201		-	9 include in any State Plan made in accordance with the
2202		-	10 Adoption Assistance and Child Welfare Act of 1980, Titles
2203		-	11 IV-E and XIX of the Social Security Act, and any other
2204		-	12 applicable federal laws the provision of kinship navigator
2205		-	13 program services. The Department shall apply for and
2206		-	14 administer all relevant federal aid in accordance with
2207		-	15 law. Federal funds acquired for the kinship navigator
2208		-	16 program shall be used for the development, implementation,
2209		-	17 and operation of kinship navigator program services. The
2210		-	18 kinship navigator program services may provide
2211		-	19 information, referral services, support, and assistance to
2212		-	20 relative and certified relative caregivers of youth in
2213		-	21 care to address their unique needs and challenges. Until
2214		-	22 the Department is approved to receive federal funds for
2215		-	23 these purposes, the Department shall publicly post on the
2216		-	24 Department's website semi-annual updates regarding the
2217		-	25 Department's progress in pursuing federal funding.
2218		-	26 Whenever the Department publicly posts these updates on
2219		-
2220		-
2221		-
2222		-
2223		-
2224		-	SB1504 Engrossed - 62 - LRB104 09130 KTG 19186 b
2225		-
2226		-
2227		-	SB1504 Engrossed- 63 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 63 - LRB104 09130 KTG 19186 b
2228		-	SB1504 Engrossed - 63 - LRB104 09130 KTG 19186 b
2229		-	1 its website, the Department shall notify the General
2230		-	2 Assembly through the General Assembly's designee.
2231		-	3 (u-7) To support finding permanency for children through
2232		-	4 subsidized guardianship and adoption and to prevent disruption
2233		-	5 in guardianship and adoptive placements, the Department shall
2234		-	6 establish and maintain accessible subsidized guardianship and
2235		-	7 adoption support services for all children under 18 years of
2236		-	8 age placed in guardianship or adoption who, immediately
2237		-	9 preceding the guardianship or adoption, were in the custody or
2238		-	10 guardianship of the Department under Article II of the
2239		-	11 Juvenile Court Act of 1987.
2240		-	12 The Department shall establish and maintain a toll-free
2241		-	13 number to respond to requests from the public about its
2242		-	14 subsidized guardianship and adoption support services under
2243		-	15 this subsection and shall staff the toll-free number so that
2244		-	16 calls are answered on a timely basis, but in no event more than
2245		-	17 one business day after the receipt of a request. These
2246		-	18 requests from the public may be made anonymously. To meet this
2247		-	19 obligation, the Department may utilize the same toll-free
2248		-	20 number the Department operates to respond to post-adoption
2249		-	21 requests under subsection (b-5) of Section 18.9 of the
2250		-	22 Adoption Act. The Department shall publicize information about
2251		-	23 the Department's subsidized guardianship support services and
2252		-	24 toll-free number as follows:
2253		-	25 (1) it shall post information on the Department's
2254		-	26 website;
2255		-
2256		-
2257		-
2258		-
2259		-
2260		-	SB1504 Engrossed - 63 - LRB104 09130 KTG 19186 b
2261		-
2262		-
2263		-	SB1504 Engrossed- 64 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 64 - LRB104 09130 KTG 19186 b
2264		-	SB1504 Engrossed - 64 - LRB104 09130 KTG 19186 b
2265		-	1 (2) it shall provide the information to every licensed
2266		-	2 child welfare agency and any entity providing subsidized
2267		-	3 guardianship support services in Illinois courts;
2268		-	4 (3) it shall reference such information in the
2269		-	5 materials the Department provides to caregivers pursuing
2270		-	6 subsidized guardianship to inform them of their rights and
2271		-	7 responsibilities under the Child Care Act of 1969 and this
2272		-	8 Act;
2273		-	9 (4) it shall provide the information, including the
2274		-	10 Department's Post Adoption and Guardianship Services
2275		-	11 booklet, to eligible caregivers as part of its
2276		-	12 guardianship training and at the time they are presented
2277		-	13 with the Permanency Commitment form;
2278		-	14 (5) it shall include, in each annual notification
2279		-	15 letter mailed to subsidized guardians, a short, 2-sided
2280		-	16 flier or news bulletin in plain language that describes
2281		-	17 access to post-guardianship services, how to access
2282		-	18 services under the Family Support Program, formerly known
2283		-	19 as the Individual Care Grant Program, the webpage address
2284		-	20 to the Post Adoption and Guardianship Services booklet,
2285		-	21 information on how to request that a copy of the booklet be
2286		-	22 mailed; and
2287		-	23 (6) it shall ensure that kinship navigator programs of
2288		-	24 this State, when established, have this information to
2289		-	25 include in materials the programs provide to caregivers.
2290		-	26 No later than July 1, 2026, the Department shall provide a
2291		-
2292		-
2293		-
2294		-
2295		-
2296		-	SB1504 Engrossed - 64 - LRB104 09130 KTG 19186 b
2297		-
2298		-
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2300		-	SB1504 Engrossed - 65 - LRB104 09130 KTG 19186 b
2301		-	1 mechanism for the public to make information requests by
2302		-	2 electronic means.
2303		-	3 The Department shall review and update annually all
2304		-	4 information relating to its subsidized guardianship support
2305		-	5 services, including its Post Adoption and Guardianship
2306		-	6 Services booklet, to include updated information on Family
2307		-	7 Support Program services eligibility and subsidized
2308		-	8 guardianship support services that are available through the
2309		-	9 medical assistance program established under Article V of the
2310		-	10 Illinois Public Aid Code or any other State program for mental
2311		-	11 health services. The Department and the Department of
2312		-	12 Healthcare and Family Services shall coordinate their efforts
2313		-	13 in the development of these resources.
2314		-	14 Every licensed child welfare agency and any entity
2315		-	15 providing kinship navigator programs funded by the Department
2316		-	16 shall provide the Department's website address and link to the
2317		-	17 Department's subsidized guardianship support services
2318		-	18 information set forth in subsection (d), including the
2319		-	19 Department's toll-free number, to every relative who is or
2320		-	20 will be providing guardianship placement for a child placed by
2321		-	21 the Department.
2322		-	22 (v) The Department shall access criminal history record
2323		-	23 information as defined in the Illinois Uniform Conviction
2324		-	24 Information Act and information maintained in the adjudicatory
2325		-	25 and dispositional record system as defined in Section 2605-355
2326		-	26 of the Illinois State Police Law if the Department determines
2327		-
2328		-
2329		-
2330		-
2331		-
2332		-	SB1504 Engrossed - 65 - LRB104 09130 KTG 19186 b
2333		-
2334		-
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2336		-	SB1504 Engrossed - 66 - LRB104 09130 KTG 19186 b
2337		-	1 the information is necessary to perform its duties under the
2338		-	2 Abused and Neglected Child Reporting Act, the Child Care Act
2339		-	3 of 1969, and the Children and Family Services Act. The
2340		-	4 Department shall provide for interactive computerized
2341		-	5 communication and processing equipment that permits direct
2342		-	6 on-line communication with the Illinois State Police's central
2343		-	7 criminal history data repository. The Department shall comply
2344		-	8 with all certification requirements and provide certified
2345		-	9 operators who have been trained by personnel from the Illinois
2346		-	10 State Police. In addition, one Office of the Inspector General
2347		-	11 investigator shall have training in the use of the criminal
2348		-	12 history information access system and have access to the
2349		-	13 terminal. The Department of Children and Family Services and
2350		-	14 its employees shall abide by rules and regulations established
2351		-	15 by the Illinois State Police relating to the access and
2352		-	16 dissemination of this information.
2353		-	17 (v-1) Prior to final approval for placement of a child
2354		-	18 with a foster or adoptive parent, the Department shall conduct
2355		-	19 a criminal records background check of the prospective foster
2356		-	20 or adoptive parent, including fingerprint-based checks of
2357		-	21 national crime information databases. Final approval for
2358		-	22 placement shall not be granted if the record check reveals a
2359		-	23 felony conviction for child abuse or neglect, for spousal
2360		-	24 abuse, for a crime against children, or for a crime involving
2361		-	25 violence, including rape, sexual assault, or homicide, but not
2362		-	26 including other physical assault or battery, or if there is a
2363		-
2364		-
2365		-
2366		-
2367		-
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2369		-
2370		-
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2373		-	1 felony conviction for physical assault, battery, or a
2374		-	2 drug-related offense committed within the past 5 years.
2375		-	3 (v-2) Prior to final approval for placement of a child
2376		-	4 with a foster or adoptive parent, the Department shall check
2377		-	5 its child abuse and neglect registry for information
2378		-	6 concerning prospective foster and adoptive parents, and any
2379		-	7 adult living in the home. If any prospective foster or
2380		-	8 adoptive parent or other adult living in the home has resided
2381		-	9 in another state in the preceding 5 years, the Department
2382		-	10 shall request a check of that other state's child abuse and
2383		-	11 neglect registry.
2384		-	12 (v-3) Prior to the final approval of final placement of a
2385		-	13 related child in a certified relative caregiver home as
2386		-	14 defined in Section 2.37 of the Child Care Act of 1969, the
2387		-	15 Department shall ensure that the background screening meets
2388		-	16 the standards required under subsection (c) of Section 3.4 of
2389		-	17 the Child Care Act of 1969.
2390		-	18 (v-4) Prior to final approval for placement of a child
2391		-	19 with a relative, as defined in Section 4d of this Act, who is
2392		-	20 not a licensed foster parent, has declined to seek approval to
2393		-	21 be a certified relative caregiver, or was denied approval as a
2394		-	22 certified relative caregiver, the Department shall:
2395		-	23 (i) check the child abuse and neglect registry for
2396		-	24 information concerning the prospective relative caregiver
2397		-	25 and any other adult living in the home. If any prospective
2398		-	26 relative caregiver or other adult living in the home has
2399		-
2400		-
2401		-
2402		-
2403		-
2404		-	SB1504 Engrossed - 67 - LRB104 09130 KTG 19186 b
2405		-
2406		-
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2409		-	1 resided in another state in the preceding 5 years, the
2410		-	2 Department shall request a check of that other state's
2411		-	3 child abuse and neglect registry; and
2412		-	4 (ii) conduct a criminal records background check of
2413		-	5 the prospective relative caregiver and all other adults
2414		-	6 living in the home, including fingerprint-based checks of
2415		-	7 national crime information databases. Final approval for
2416		-	8 placement shall not be granted if the record check reveals
2417		-	9 a felony conviction for child abuse or neglect, for
2418		-	10 spousal abuse, for a crime against children, or for a
2419		-	11 crime involving violence, including rape, sexual assault,
2420		-	12 or homicide, but not including other physical assault or
2421		-	13 battery, or if there is a felony conviction for physical
2422		-	14 assault, battery, or a drug-related offense committed
2423		-	15 within the past 5 years; provided however, that the
2424		-	16 Department is empowered to grant a waiver as the
2425		-	17 Department may provide by rule, and the Department
2426		-	18 approves the request for the waiver based on a
2427		-	19 comprehensive evaluation of the caregiver and household
2428		-	20 members and the conditions relating to the safety of the
2429		-	21 placement.
2430		-	22 No later than July 1, 2025, the Department shall adopt
2431		-	23 rules or revise existing rules to effectuate the changes made
2432		-	24 to this subsection (v-4). The rules shall outline the
2433		-	25 essential elements of each form used in the implementation and
2434		-	26 enforcement of the provisions of this amendatory Act of the
2435		-
2436		-
2437		-
2438		-
2439		-
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2441		-
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2445		-	1 103rd General Assembly.
2446		-	2 (w) (Blank).
2447		-	3 (x) The Department shall conduct annual credit history
2448		-	4 checks to determine the financial history of children placed
2449		-	5 under its guardianship pursuant to the Juvenile Court Act of
2450		-	6 1987. The Department shall conduct such credit checks starting
2451		-	7 when a youth in care turns 12 years old and each year
2452		-	8 thereafter for the duration of the guardianship as terminated
2453		-	9 pursuant to the Juvenile Court Act of 1987. The Department
2454		-	10 shall determine if financial exploitation of the child's
2455		-	11 personal information has occurred. If financial exploitation
2456		-	12 appears to have taken place or is presently ongoing, the
2457		-	13 Department shall notify the proper law enforcement agency, the
2458		-	14 proper State's Attorney, or the Attorney General.
2459		-	15 (y) Beginning on July 22, 2010 (the effective date of
2460		-	16 Public Act 96-1189), a child with a disability who receives
2461		-	17 residential and educational services from the Department shall
2462		-	18 be eligible to receive transition services in accordance with
2463		-	19 Article 14 of the School Code from the age of 14.5 through age
2464		-	20 21, inclusive, notwithstanding the child's residential
2465		-	21 services arrangement. For purposes of this subsection, "child
2466		-	22 with a disability" means a child with a disability as defined
2467		-	23 by the federal Individuals with Disabilities Education
2468		-	24 Improvement Act of 2004.
2469		-	25 (z) The Department shall access criminal history record
2470		-	26 information as defined as "background information" in this
2471		-
2472		-
2473		-
2474		-
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2481		-	1 subsection and criminal history record information as defined
2482		-	2 in the Illinois Uniform Conviction Information Act for each
2483		-	3 Department employee or Department applicant. Each Department
2484		-	4 employee or Department applicant shall submit the employee's
2485		-	5 or applicant's fingerprints to the Illinois State Police in
2486		-	6 the form and manner prescribed by the Illinois State Police.
2487		-	7 These fingerprints shall be checked against the fingerprint
2488		-	8 records now and hereafter filed in the Illinois State Police
2489		-	9 and the Federal Bureau of Investigation criminal history
2490		-	10 records databases. The Illinois State Police shall charge a
2491		-	11 fee for conducting the criminal history record check, which
2492		-	12 shall be deposited into the State Police Services Fund and
2493		-	13 shall not exceed the actual cost of the record check. The
2494		-	14 Illinois State Police shall furnish, pursuant to positive
2495		-	15 identification, all Illinois conviction information to the
2496		-	16 Department of Children and Family Services.
2497		-	17 For purposes of this subsection:
2498		-	18 "Background information" means all of the following:
2499		-	19 (i) Upon the request of the Department of Children and
2500		-	20 Family Services, conviction information obtained from the
2501		-	21 Illinois State Police as a result of a fingerprint-based
2502		-	22 criminal history records check of the Illinois criminal
2503		-	23 history records database and the Federal Bureau of
2504		-	24 Investigation criminal history records database concerning
2505		-	25 a Department employee or Department applicant.
2506		-	26 (ii) Information obtained by the Department of
2507		-
2508		-
2509		-
2510		-
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2517		-	1 Children and Family Services after performing a check of
2518		-	2 the Illinois State Police's Sex Offender Database, as
2519		-	3 authorized by Section 120 of the Sex Offender Community
2520		-	4 Notification Law, concerning a Department employee or
2521		-	5 Department applicant.
2522		-	6 (iii) Information obtained by the Department of
2523		-	7 Children and Family Services after performing a check of
2524		-	8 the Child Abuse and Neglect Tracking System (CANTS)
2525		-	9 operated and maintained by the Department.
2526		-	10 "Department employee" means a full-time or temporary
2527		-	11 employee coded or certified within the State of Illinois
2528		-	12 Personnel System.
2529		-	13 "Department applicant" means an individual who has
2530		-	14 conditional Department full-time or part-time work, a
2531		-	15 contractor, an individual used to replace or supplement staff,
2532		-	16 an academic intern, a volunteer in Department offices or on
2533		-	17 Department contracts, a work-study student, an individual or
2534		-	18 entity licensed by the Department, or an unlicensed service
2535		-	19 provider who works as a condition of a contract or an agreement
2536		-	20 and whose work may bring the unlicensed service provider into
2537		-	21 contact with Department clients or client records.
2538		-	22 (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
2539		-	23 102-1014, eff. 5-27-22; 103-22, eff. 8-8-23; 103-50, eff.
2540		-	24 1-1-24; 103-546, eff. 8-11-23; 103-605, eff. 7-1-24; 103-1061,
2541		-	25 eff. 7-1-25.)
2542		-
2543		-
2544		-
2545		-
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2548		-
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2551		-	SB1504 Engrossed - 72 - LRB104 09130 KTG 19186 b
2552		-	1 (20 ILCS 505/35.10)
2553		-	2 Sec. 35.10. Successful transitions to and documents
2554		-	3 necessary for adult living. Documents necessary for adult
2555		-	4 living.
2556		-	5 (a) The Department shall make reasonable efforts to
2557		-	6 develop an age and developmentally appropriate individualized
2558		-	7 youth-driven transition plan for each youth in care aged 15
2559		-	8 and over to help such youth develop and strengthen those life
2560		-	9 skills that lead to successful adult living. As applicable,
2561		-	10 based on the minor's age and developmental appropriateness,
2562		-	11 the youth-driven transition plan shall address the following
2563		-	12 areas:
2564		-	13 (1) assessment and development of life skills;
2565		-	14 (2) education;
2566		-	15 (3) post high school goals;
2567		-	16 (4) driver's education;
2568		-	17 (5) participation in extracurricular activities;
2569		-	18 (6) internships;
2570		-	19 (7) employment;
2571		-	20 (8) housing;
2572		-	21 (9) mental and physical health and well-being;
2573		-	22 (10) financial stability;
2574		-	23 (11) connections to supportive adults and peers;
2575		-	24 (12) transition to adult services;
2576		-	25 (13) documents necessary for adult living as provided
2577		-	26 in subsection (b); and
2578		-
2579		-
2580		-
2581		-
2582		-
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2584		-
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2587		-	SB1504 Engrossed - 73 - LRB104 09130 KTG 19186 b
2588		-	1 (14) childcare and parenting supports.
2589		-	2 The Department shall include the youth-driven transition
2590		-	3 plan in the youth's service plan. The Department shall make
2591		-	4 reasonable efforts to assist the youth in accomplishing the
2592		-	5 plan, to develop strategies to resolve barriers, and to ensure
2593		-	6 the youth is aware of any post-case closure supports and
2594		-	7 services and how to access such supports and services.
2595		-	8 (b) The Department shall assist a youth in care in
2596		-	9 identifying and obtaining documents necessary to function as
2597		-	10 an independent adult prior to the closure of the youth's case
2598		-	11 to terminate wardship as provided in Section 2-31 of the
2599		-	12 Juvenile Court Act of 1987. These necessary documents shall
2600		-	13 include, but not be limited to, any of the following:
2601		-	14 (1) State identification card or driver's license.
2602		-	15 (2) Social Security card.
2603		-	16 (3) Medical records, including, but not limited to,
2604		-	17 health passport, dental records, immunization records,
2605		-	18 name and contact information for all current medical,
2606		-	19 dental, and mental health providers, and a signed
2607		-	20 certification that the Department provided the youth with
2608		-	21 education on executing a healthcare power of attorney.
2609		-	22 (4) Medicaid card or other health eligibility
2610		-	23 documentation.
2611		-	24 (5) Certified copy of birth certificate.
2612		-	25 (6) Any applicable religious documents.
2613		-	26 (7) Voter registration card.
2614		-
2615		-
2616		-
2617		-
2618		-
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2620		-
2621		-
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2623		-	SB1504 Engrossed - 74 - LRB104 09130 KTG 19186 b
2624		-	1 (8) Immigration, citizenship, or naturalization
2625		-	2 documentation, if applicable.
2626		-	3 (9) Death certificates of parents, if applicable.
2627		-	4 (10) Life book or compilation of personal history and
2628		-	5 photographs.
2629		-	6 (11) List of known relatives and persons willing to
2630		-	7 provide supports to the youth with relationships,
2631		-	8 addresses, telephone numbers, and other contact
2632		-	9 information, with the permission of the involved relative
2633		-	10 or supportive person.
2634		-	11 (12) Resume.
2635		-	12 (13) Educational records, including list of schools
2636		-	13 attended, and transcript, high school diploma, or State of
2637		-	14 Illinois High School Diploma.
2638		-	15 (14) List of placements while in care.
2639		-	16 (15) List of community resources with referral
2640		-	17 information, including the Midwest Adoption Center for
2641		-	18 search and reunion services for former youth in care,
2642		-	19 whether or not they were adopted, and the Illinois Chapter
2643		-	20 of Foster Care Alumni of America.
2644		-	21 (16) All documents necessary to complete a Free
2645		-	22 Application for Federal Student Aid form, if applicable,
2646		-	23 or an application for State financial aid.
2647		-	24 (17) If applicable, a final accounting of the account
2648		-	25 maintained on behalf of the youth as provided under
2649		-	26 Section 5.46.
2650		-
2651		-
2652		-
2653		-
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2656		-
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2660		-	1 If a court determines that a youth in care no longer requires
2661		-	2 wardship of the court and orders the wardship terminated and
2662		-	3 all proceedings under the Juvenile Court Act of 1987
2663		-	4 respecting the youth in care finally closed and discharged,
2664		-	5 the Department shall ensure that the youth in care receives a
2665		-	6 copy of the court's order.
2666		-	7 (Source: P.A. 102-70, eff. 1-1-22; 102-1014, eff. 5-27-22;
2667		-	8 102-1100, eff. 1-1-23; 103-154, eff. 6-30-23.)
2668		-	9 Section 10. The Juvenile Court Act of 1987 is amended by
2669		-	10 changing Sections 2-28, 2-33, and 5-745 and by adding Section
2670		-	11 2-28.2 as follows:
2671		-	12 (705 ILCS 405/2-28)
2672		-	13 Sec. 2-28. Court review.
2673		-	14 (1) The court may require any legal custodian or guardian
2674		-	15 of the person appointed under this Act to report periodically
2675		-	16 to the court or may cite the legal custodian or guardian into
2676		-	17 court and require the legal custodian, guardian, or the legal
2677		-	18 custodian's or guardian's agency to make a full and accurate
2678		-	19 report of the doings of the legal custodian, guardian, or
2679		-	20 agency on behalf of the minor. The custodian or guardian,
2680		-	21 within 10 days after such citation, or earlier if the court
2681		-	22 determines it to be necessary to protect the health, safety,
2682		-	23 or welfare of the minor, shall make the report, either in
2683		-	24 writing verified by affidavit or orally under oath in open
2684		-
2685		-
2686		-
2687		-
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2690		-
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2694		-	1 court, or otherwise as the court directs. Upon the hearing of
2695		-	2 the report the court may remove the custodian or guardian and
2696		-	3 appoint another in the custodian's or guardian's stead or
2697		-	4 restore the minor to the custody of the minor's parents or
2698		-	5 former guardian or custodian. However, custody of the minor
2699		-	6 shall not be restored to any parent, guardian, or legal
2700		-	7 custodian in any case in which the minor is found to be
2701		-	8 neglected or abused under Section 2-3 or dependent under
2702		-	9 Section 2-4 of this Act, unless the minor can be cared for at
2703		-	10 home without endangering the minor's health or safety and it
2704		-	11 is in the best interests of the minor, and if such neglect,
2705		-	12 abuse, or dependency is found by the court under paragraph (1)
2706		-	13 of Section 2-21 of this Act to have come about due to the acts
2707		-	14 or omissions or both of such parent, guardian, or legal
2708		-	15 custodian, until such time as an investigation is made as
2709		-	16 provided in paragraph (5) and a hearing is held on the issue of
2710		-	17 the fitness of such parent, guardian, or legal custodian to
2711		-	18 care for the minor and the court enters an order that such
2712		-	19 parent, guardian, or legal custodian is fit to care for the
2713		-	20 minor.
2714		-	21 (1.5) The public agency that is the custodian or guardian
2715		-	22 of the minor shall file a written report with the court no
2716		-	23 later than 15 days after a minor in the agency's care remains:
2717		-	24 (1) in a shelter placement beyond 30 days;
2718		-	25 (2) in a psychiatric hospital past the time when the
2719		-	26 minor is clinically ready for discharge or beyond medical
2720		-
2721		-
2722		-
2723		-
2724		-
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2726		-
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2730		-	1 necessity for the minor's health; or
2731		-	2 (3) in a detention center or Department of Juvenile
2732		-	3 Justice facility solely because the public agency cannot
2733		-	4 find an appropriate placement for the minor.
2734		-	5 The report shall explain the steps the agency is taking to
2735		-	6 ensure the minor is placed appropriately, how the minor's
2736		-	7 needs are being met in the minor's shelter placement, and if a
2737		-	8 future placement has been identified by the Department, why
2738		-	9 the anticipated placement is appropriate for the needs of the
2739		-	10 minor and the anticipated placement date.
2740		-	11 (1.6) Within 30 days after placing a child in its care in a
2741		-	12 qualified residential treatment program, as defined by the
2742		-	13 federal Social Security Act, the Department of Children and
2743		-	14 Family Services shall prepare a written report for filing with
2744		-	15 the court and send copies of the report to all parties. Within
2745		-	16 20 days of the filing of the report, or as soon thereafter as
2746		-	17 the court's schedule allows but not more than 60 days from the
2747		-	18 date of placement, the court shall hold a hearing to consider
2748		-	19 the Department's report and determine whether placement of the
2749		-	20 child in a qualified residential treatment program provides
2750		-	21 the most effective and appropriate level of care for the child
2751		-	22 in the least restrictive environment and if the placement is
2752		-	23 consistent with the short-term and long-term goals for the
2753		-	24 child, as specified in the permanency plan for the child. The
2754		-	25 court shall approve or disapprove the placement. If
2755		-	26 applicable, the requirements of Sections 2-27.1 and 2-27.2
2756		-
2757		-
2758		-
2759		-
2760		-
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2766		-	1 must also be met. The Department's written report and the
2767		-	2 court's written determination shall be included in and made
2768		-	3 part of the case plan for the child. If the child remains
2769		-	4 placed in a qualified residential treatment program, the
2770		-	5 Department shall submit evidence at each status and permanency
2771		-	6 hearing:
2772		-	7 (A) demonstrating that on-going assessment of the
2773		-	8 strengths and needs of the child continues to support the
2774		-	9 determination that the child's needs cannot be met through
2775		-	10 placement in a foster family home, that the placement
2776		-	11 provides the most effective and appropriate level of care
2777		-	12 for the child in the least restrictive, appropriate
2778		-	13 environment, and that the placement is consistent with the
2779		-	14 short-term and long-term permanency goal for the child, as
2780		-	15 specified in the permanency plan for the child;
2781		-	16 (B) documenting the specific treatment or service
2782		-	17 needs that should be met for the child in the placement and
2783		-	18 the length of time the child is expected to need the
2784		-	19 treatment or services;
2785		-	20 (C) detailing the efforts made by the agency to
2786		-	21 prepare the child to return home or to be placed with a fit
2787		-	22 and willing relative, a legal guardian, or an adoptive
2788		-	23 parent, or in a foster family home; and
2789		-	24 (D) beginning July 1, 2025, documenting the
2790		-	25 Department's efforts regarding ongoing family finding and
2791		-	26 relative engagement required under Section 2-27.3; and .
2792		-
2793		-
2794		-
2795		-
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2798		-
2799		-
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2801		-	SB1504 Engrossed - 79 - LRB104 09130 KTG 19186 b
2802		-	1 (E) detailing efforts to ensure the minor is engaged
2803		-	2 in age and developmentally appropriate activities to
2804		-	3 develop life skills, which may include extracurricular
2805		-	4 activities, coaching by caregivers, or instruction in
2806		-	5 individual or group settings. For minors who have
2807		-	6 participated in life skills assessments, the results of
2808		-	7 such assessments and how the minor's identified needs are
2809		-	8 being addressed.
2810		-	9 (2) The first permanency hearing shall be conducted by the
2811		-	10 judge. Subsequent permanency hearings may be heard by a judge
2812		-	11 or by hearing officers appointed or approved by the court in
2813		-	12 the manner set forth in Section 2-28.1 of this Act. The initial
2814		-	13 hearing shall be held (a) within 12 months from the date
2815		-	14 temporary custody was taken, regardless of whether an
2816		-	15 adjudication or dispositional hearing has been completed
2817		-	16 within that time frame, (b) if the parental rights of both
2818		-	17 parents have been terminated in accordance with the procedure
2819		-	18 described in subsection (5) of Section 2-21, within 30 days of
2820		-	19 the order for termination of parental rights and appointment
2821		-	20 of a guardian with power to consent to adoption, or (c) in
2822		-	21 accordance with subsection (2) of Section 2-13.1. Subsequent
2823		-	22 permanency hearings shall be held every 6 months or more
2824		-	23 frequently if necessary in the court's determination following
2825		-	24 the initial permanency hearing, in accordance with the
2826		-	25 standards set forth in this Section, until the court
2827		-	26 determines that the plan and goal have been achieved. Once the
2828		-
2829		-
2830		-
2831		-
2832		-
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2838		-	1 plan and goal have been achieved, if the minor remains in
2839		-	2 substitute care, the case shall be reviewed at least every 6
2840		-	3 months thereafter, subject to the provisions of this Section,
2841		-	4 unless the minor is placed in the guardianship of a suitable
2842		-	5 relative or other person and the court determines that further
2843		-	6 monitoring by the court does not further the health, safety,
2844		-	7 or best interest of the child and that this is a stable
2845		-	8 permanent placement. The permanency hearings must occur within
2846		-	9 the time frames set forth in this subsection and may not be
2847		-	10 delayed in anticipation of a report from any source or due to
2848		-	11 the agency's failure to timely file its written report (this
2849		-	12 written report means the one required under the next paragraph
2850		-	13 and does not mean the service plan also referred to in that
2851		-	14 paragraph).
2852		-	15 The public agency that is the custodian or guardian of the
2853		-	16 minor, or another agency responsible for the minor's care,
2854		-	17 shall ensure that all parties to the permanency hearings are
2855		-	18 provided a copy of the most recent service plan prepared
2856		-	19 within the prior 6 months at least 14 days in advance of the
2857		-	20 hearing. If not contained in the agency's service plan, the
2858		-	21 agency shall also include a report setting forth the
2859		-	22 following:
2860		-	23 (A) any special physical, psychological, educational,
2861		-	24 medical, emotional, or other needs of the minor or the
2862		-	25 minor's family that are relevant to a permanency or
2863		-	26 placement determination, and for any minor age 16 or over,
2864		-
2865		-
2866		-
2867		-
2868		-
2869		-	SB1504 Engrossed - 80 - LRB104 09130 KTG 19186 b
2870		-
2871		-
2872		-	SB1504 Engrossed- 81 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 81 - LRB104 09130 KTG 19186 b
2873		-	SB1504 Engrossed - 81 - LRB104 09130 KTG 19186 b
2874		-	1 a written description of the programs and services that
2875		-	2 will enable the minor to prepare for independent living;
2876		-	3 (B) beginning July 1, 2025, a written description of
2877		-	4 ongoing family finding and relative engagement efforts in
2878		-	5 accordance with the requirements under Section 2-27.3 the
2879		-	6 agency has undertaken since the most recent report to the
2880		-	7 court to plan for the emotional and legal permanency of
2881		-	8 the minor;
2882		-	9 (C) whether a minor is placed in a licensed child care
2883		-	10 facility under a corrective plan by the Department due to
2884		-	11 concerns impacting the minor's safety and well-being. The
2885		-	12 report shall explain the steps the Department is taking to
2886		-	13 ensure the safety and well-being of the minor and that the
2887		-	14 minor's needs are met in the facility;
2888		-	15 (D) detail regarding what progress or lack of progress
2889		-	16 the parent has made in correcting the conditions requiring
2890		-	17 the child to be in care; whether the child can be returned
2891		-	18 home without jeopardizing the child's health, safety, and
2892		-	19 welfare, what permanency goal is recommended to be in the
2893		-	20 best interests of the child, and the reasons for the
2894		-	21 recommendation. If a permanency goal under paragraph (A),
2895		-	22 (B), or (B-1) of subsection (2.3) have been deemed
2896		-	23 inappropriate and not in the minor's best interest, the
2897		-	24 report must include the following information:
2898		-	25 (i) confirmation that the caseworker has discussed
2899		-	26 the permanency options and subsidies available for
2900		-
2901		-
2902		-
2903		-
2904		-
2905		-	SB1504 Engrossed - 81 - LRB104 09130 KTG 19186 b
2906		-
2907		-
2908		-	SB1504 Engrossed- 82 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 82 - LRB104 09130 KTG 19186 b
2909		-	SB1504 Engrossed - 82 - LRB104 09130 KTG 19186 b
2910		-	1 guardianship and adoption with the minor's caregivers,
2911		-	2 the minor's parents, as appropriate, and has discussed
2912		-	3 the available permanency options with the minor in an
2913		-	4 age-appropriate manner;
2914		-	5 (ii) confirmation that the caseworker has
2915		-	6 discussed with the minor's caregivers, the minor's
2916		-	7 parents, as appropriate, and the minor as
2917		-	8 age-appropriate, the distinctions between guardianship
2918		-	9 and adoption, including, but not limited to, that
2919		-	10 guardianship does not require termination of the
2920		-	11 parent's rights or the consent of the parent;
2921		-	12 (iii) a description of the stated preferences and
2922		-	13 concerns, if any, the minor, the parent as
2923		-	14 appropriate, and the caregiver expressed relating to
2924		-	15 the options of guardianship and adoption, and the
2925		-	16 reasons for the preferences;
2926		-	17 (iv) if the minor is not currently in a placement
2927		-	18 that will provide permanency, identification of all
2928		-	19 persons presently willing and able to provide
2929		-	20 permanency to the minor through either guardianship or
2930		-	21 adoption, and beginning July 1, 2025, if none are
2931		-	22 available, a description of the efforts made in
2932		-	23 accordance with Section 2-27.3; and
2933		-	24 (v) state the recommended permanency goal, why
2934		-	25 that goal is recommended, and why the other potential
2935		-	26 goals were not recommended.
2936		-
2937		-
2938		-
2939		-
2940		-
2941		-	SB1504 Engrossed - 82 - LRB104 09130 KTG 19186 b
2942		-
2943		-
2944		-	SB1504 Engrossed- 83 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 83 - LRB104 09130 KTG 19186 b
2945		-	SB1504 Engrossed - 83 - LRB104 09130 KTG 19186 b
2946		-	1 The caseworker must appear and testify at the permanency
2947		-	2 hearing. If a permanency hearing has not previously been
2948		-	3 scheduled by the court, the moving party shall move for the
2949		-	4 setting of a permanency hearing and the entry of an order
2950		-	5 within the time frames set forth in this subsection.
2951		-	6 (2.3) At the permanency hearing, the court shall determine
2952		-	7 the permanency goal of the child. The court shall set one of
2953		-	8 the following permanency goals:
2954		-	9 (A) The minor will be returned home by a specific date
2955		-	10 within 5 months.
2956		-	11 (B) The minor will be in short-term care with a
2957		-	12 continued goal to return home within a period not to
2958		-	13 exceed one year, where the progress of the parent or
2959		-	14 parents is substantial giving particular consideration to
2960		-	15 the age and individual needs of the minor.
2961		-	16 (B-1) The minor will be in short-term care with a
2962		-	17 continued goal to return home pending a status hearing.
2963		-	18 When the court finds that a parent has not made reasonable
2964		-	19 efforts or reasonable progress to date, the court shall
2965		-	20 identify what actions the parent and the Department must
2966		-	21 take in order to justify a finding of reasonable efforts
2967		-	22 or reasonable progress and shall set a status hearing to
2968		-	23 be held not earlier than 9 months from the date of
2969		-	24 adjudication nor later than 11 months from the date of
2970		-	25 adjudication during which the parent's progress will again
2971		-	26 be reviewed.
2972		-
2973		-
2974		-
2975		-
2976		-
2977		-	SB1504 Engrossed - 83 - LRB104 09130 KTG 19186 b
2978		-
2979		-
2980		-	SB1504 Engrossed- 84 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 84 - LRB104 09130 KTG 19186 b
2981		-	SB1504 Engrossed - 84 - LRB104 09130 KTG 19186 b
2982		-	1 If the court has determined that goals (A), (B), and
2983		-	2 (B-1) are not appropriate and not in the minor's best
2984		-	3 interest, the court may select one of the following goals:
2985		-	4 (C), (D), (E), (F), or (G) for the minor as appropriate and
2986		-	5 based on the best interests of the minor. The court shall
2987		-	6 determine the appropriate goal for the minor based on best
2988		-	7 interest factors and any considerations outlined in that
2989		-	8 goal.
2990		-	9 (C) The guardianship of the minor shall be transferred
2991		-	10 to an individual or couple on a permanent basis. Prior to
2992		-	11 changing the goal to guardianship, the court shall
2993		-	12 consider the following:
2994		-	13 (i) whether the agency has discussed adoption and
2995		-	14 guardianship with the caregiver and what preference,
2996		-	15 if any, the caregiver has as to the permanency goal;
2997		-	16 (ii) whether the agency has discussed adoption and
2998		-	17 guardianship with the minor, as age-appropriate, and
2999		-	18 what preference, if any, the minor has as to the
3000		-	19 permanency goal;
3001		-	20 (iii) whether the minor is of sufficient age to
3002		-	21 remember the minor's parents and if the child values
3003		-	22 this familial identity;
3004		-	23 (iv) whether the minor is placed with a relative,
3005		-	24 and beginning July 1, 2025, whether the minor is
3006		-	25 placed in a relative home as defined in Section 4d of
3007		-	26 the Children and Family Services Act or in a certified
3008		-
3009		-
3010		-
3011		-
3012		-
3013		-	SB1504 Engrossed - 84 - LRB104 09130 KTG 19186 b
3014		-
3015		-
3016		-	SB1504 Engrossed- 85 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 85 - LRB104 09130 KTG 19186 b
3017		-	SB1504 Engrossed - 85 - LRB104 09130 KTG 19186 b
3018		-	1 relative caregiver home as defined in Section 2.36 of
3019		-	2 the Child Care Act of 1969; and
3020		-	3 (v) whether the parent or parents have been
3021		-	4 informed about guardianship and adoption, and, if
3022		-	5 appropriate, what preferences, if any, the parent or
3023		-	6 parents have as to the permanency goal.
3024		-	7 (D) The minor will be in substitute care pending court
3025		-	8 determination on termination of parental rights. Prior to
3026		-	9 changing the goal to substitute care pending court
3027		-	10 determination on termination of parental rights, the court
3028		-	11 shall consider the following:
3029		-	12 (i) whether the agency has discussed adoption and
3030		-	13 guardianship with the caregiver and what preference,
3031		-	14 if any, the caregiver has as to the permanency goal;
3032		-	15 (ii) whether the agency has discussed adoption and
3033		-	16 guardianship with the minor, as age-appropriate, and
3034		-	17 what preference, if any, the minor has as to the
3035		-	18 permanency goal;
3036		-	19 (iii) whether the minor is of sufficient age to
3037		-	20 remember the minor's parents and if the child values
3038		-	21 this familial identity;
3039		-	22 (iv) whether the minor is placed with a relative,
3040		-	23 and beginning July 1, 2025, whether the minor is
3041		-	24 placed in a relative home as defined in Section 4d of
3042		-	25 the Children and Family Services Act, in a certified
3043		-	26 relative caregiver home as defined in Section 2.36 of
3044		-
3045		-
3046		-
3047		-
3048		-
3049		-	SB1504 Engrossed - 85 - LRB104 09130 KTG 19186 b
3050		-
3051		-
3052		-	SB1504 Engrossed- 86 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 86 - LRB104 09130 KTG 19186 b
3053		-	SB1504 Engrossed - 86 - LRB104 09130 KTG 19186 b
3054		-	1 the Child Care Act of 1969;
3055		-	2 (v) whether the minor is already placed in a
3056		-	3 pre-adoptive home, and if not, whether such a home has
3057		-	4 been identified; and
3058		-	5 (vi) whether the parent or parents have been
3059		-	6 informed about guardianship and adoption, and, if
3060		-	7 appropriate, what preferences, if any, the parent or
3061		-	8 parents have as to the permanency goal.
3062		-	9 (E) Adoption, provided that parental rights have been
3063		-	10 terminated or relinquished.
3064		-	11 (F) Provided that permanency goals (A) through (E)
3065		-	12 have been deemed inappropriate and not in the minor's best
3066		-	13 interests, the minor over age 15 will be in substitute
3067		-	14 care pending independence. In selecting this permanency
3068		-	15 goal, the Department of Children and Family Services may
3069		-	16 provide services to enable reunification and to strengthen
3070		-	17 the minor's connections with family, fictive kin, and
3071		-	18 other responsible adults, provided the services are in the
3072		-	19 minor's best interest. The services shall be documented in
3073		-	20 the service plan.
3074		-	21 (G) The minor will be in substitute care because the
3075		-	22 minor cannot be provided for in a home environment due to
3076		-	23 developmental disabilities or mental illness or because
3077		-	24 the minor is a danger to self or others, provided that
3078		-	25 goals (A) through (E) have been deemed inappropriate and
3079		-	26 not in the child's best interests.
3080		-
3081		-
3082		-
3083		-
3084		-
3085		-	SB1504 Engrossed - 86 - LRB104 09130 KTG 19186 b
3086		-
3087		-
3088		-	SB1504 Engrossed- 87 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 87 - LRB104 09130 KTG 19186 b
3089		-	SB1504 Engrossed - 87 - LRB104 09130 KTG 19186 b
3090		-	1 In selecting any permanency goal, the court shall indicate
3091		-	2 in writing the reasons the goal was selected and why the
3092		-	3 preceding goals were deemed inappropriate and not in the
3093		-	4 child's best interest. Where the court has selected a
3094		-	5 permanency goal other than (A), (B), or (B-1), the Department
3095		-	6 of Children and Family Services shall not provide further
3096		-	7 reunification services, except as provided in paragraph (F) of
3097		-	8 this subsection (2.3), but shall provide services consistent
3098		-	9 with the goal selected.
3099		-	10 (H) Notwithstanding any other provision in this
3100		-	11 Section, the court may select the goal of continuing
3101		-	12 foster care as a permanency goal if:
3102		-	13 (1) The Department of Children and Family Services
3103		-	14 has custody and guardianship of the minor;
3104		-	15 (2) The court has deemed all other permanency
3105		-	16 goals inappropriate based on the child's best
3106		-	17 interest;
3107		-	18 (3) The court has found compelling reasons, based
3108		-	19 on written documentation reviewed by the court, to
3109		-	20 place the minor in continuing foster care. Compelling
3110		-	21 reasons include:
3111		-	22 (a) the child does not wish to be adopted or to
3112		-	23 be placed in the guardianship of the minor's
3113		-	24 relative, certified relative caregiver, or foster
3114		-	25 care placement;
3115		-	26 (b) the child exhibits an extreme level of
3116		-
3117		-
3118		-
3119		-
3120		-
3121		-	SB1504 Engrossed - 87 - LRB104 09130 KTG 19186 b
3122		-
3123		-
3124		-	SB1504 Engrossed- 88 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 88 - LRB104 09130 KTG 19186 b
3125		-	SB1504 Engrossed - 88 - LRB104 09130 KTG 19186 b
3126		-	1 need such that the removal of the child from the
3127		-	2 minor's placement would be detrimental to the
3128		-	3 child; or
3129		-	4 (c) the child who is the subject of the
3130		-	5 permanency hearing has existing close and strong
3131		-	6 bonds with a sibling, and achievement of another
3132		-	7 permanency goal would substantially interfere with
3133		-	8 the subject child's sibling relationship, taking
3134		-	9 into consideration the nature and extent of the
3135		-	10 relationship, and whether ongoing contact is in
3136		-	11 the subject child's best interest, including
3137		-	12 long-term emotional interest, as compared with the
3138		-	13 legal and emotional benefit of permanence;
3139		-	14 (4) The child has lived with the relative,
3140		-	15 certified relative caregiver, or foster parent for at
3141		-	16 least one year; and
3142		-	17 (5) The relative, certified relative caregiver, or
3143		-	18 foster parent currently caring for the child is
3144		-	19 willing and capable of providing the child with a
3145		-	20 stable and permanent environment.
3146		-	21 (2.4) The court shall set a permanency goal that is in the
3147		-	22 best interest of the child. In determining that goal, the
3148		-	23 court shall consult with the minor in an age-appropriate
3149		-	24 manner regarding the proposed permanency or transition plan
3150		-	25 for the minor. The court's determination shall include the
3151		-	26 following factors:
3152		-
3153		-
3154		-
3155		-
3156		-
3157		-	SB1504 Engrossed - 88 - LRB104 09130 KTG 19186 b
3158		-
3159		-
3160		-	SB1504 Engrossed- 89 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 89 - LRB104 09130 KTG 19186 b
3161		-	SB1504 Engrossed - 89 - LRB104 09130 KTG 19186 b
3162		-	1 (A) Age of the child.
3163		-	2 (B) Options available for permanence, including both
	312	+	14 grants, to persons who adopt children with physical or mental
	313	+	15 disabilities, children who are older, or other hard-to-place
	314	+	16 children who (i) immediately prior to their adoption were
	315	+	17 youth in care or (ii) were determined eligible for financial
	316	+	18 assistance with respect to a prior adoption and who become
	317	+	19 available for adoption because the prior adoption has been
	318	+	20 dissolved and the parental rights of the adoptive parents have
	319	+	21 been terminated or because the child's adoptive parents have
	320	+	22 died. The Department may continue to provide financial
	321	+	23 assistance and education assistance grants for a child who was
	322	+	24 determined eligible for financial assistance under this
	323	+	25 subsection (j) in the interim period beginning when the
	324	+	26 child's adoptive parents died and ending with the finalization
	325	+
	326	+
	327	+
	328	+
	329	+
	330	+	SB1504 - 8 - LRB104 09130 KTG 19186 b
	331	+
	332	+
	333	+	SB1504- 9 -LRB104 09130 KTG 19186 b SB1504 - 9 - LRB104 09130 KTG 19186 b
	334	+	SB1504 - 9 - LRB104 09130 KTG 19186 b
	335	+	1 of the new adoption of the child by another adoptive parent or
	336	+	2 parents. The Department may also provide categories of
	337	+	3 financial assistance and education assistance grants, and
	338	+	4 shall establish rules and regulations for the assistance and
	339	+	5 grants, to persons appointed guardian of the person under
	340	+	6 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
	341	+	7 4-25, or 5-740 of the Juvenile Court Act of 1987 for children
	342	+	8 who were youth in care for 12 months immediately prior to the
	343	+	9 appointment of the guardian.
	344	+	10 The amount of assistance may vary, depending upon the
	345	+	11 needs of the child and the adoptive parents, as set forth in
	346	+	12 the annual assistance agreement. Special purpose grants are
	347	+	13 allowed where the child requires special service but such
	348	+	14 costs may not exceed the amounts which similar services would
	349	+	15 cost the Department if it were to provide or secure them as
	350	+	16 guardian of the child.
	351	+	17 Any financial assistance provided under this subsection is
	352	+	18 inalienable by assignment, sale, execution, attachment,
	353	+	19 garnishment, or any other remedy for recovery or collection of
	354	+	20 a judgment or debt.
	355	+	21 (j-5) The Department shall not deny or delay the placement
	356	+	22 of a child for adoption if an approved family is available
	357	+	23 either outside of the Department region handling the case, or
	358	+	24 outside of the State of Illinois.
	359	+	25 (k) The Department shall accept for care and training any
	360	+	26 child who has been adjudicated neglected or abused, or
	361	+
	362	+
	363	+
	364	+
	365	+
	366	+	SB1504 - 9 - LRB104 09130 KTG 19186 b
	367	+
	368	+
	369	+	SB1504- 10 -LRB104 09130 KTG 19186 b SB1504 - 10 - LRB104 09130 KTG 19186 b
	370	+	SB1504 - 10 - LRB104 09130 KTG 19186 b
	371	+	1 dependent committed to it pursuant to the Juvenile Court Act
	372	+	2 or the Juvenile Court Act of 1987.
	373	+	3 (l) The Department shall offer family preservation
	374	+	4 services, as defined in Section 8.2 of the Abused and
	375	+	5 Neglected Child Reporting Act, to help families, including
	376	+	6 adoptive and extended families. Family preservation services
	377	+	7 shall be offered (i) to prevent the placement of children in
	378	+	8 substitute care when the children can be cared for at home or
	379	+	9 in the custody of the person responsible for the children's
	380	+	10 welfare, (ii) to reunite children with their families, or
	381	+	11 (iii) to maintain an adoptive placement. Family preservation
	382	+	12 services shall only be offered when doing so will not endanger
	383	+	13 the children's health or safety. With respect to children who
	384	+	14 are in substitute care pursuant to the Juvenile Court Act of
	385	+	15 1987, family preservation services shall not be offered if a
	386	+	16 goal other than those of subdivisions (A), (B), or (B-1) of
	387	+	17 subsection (2) of Section 2-28 of that Act has been set, except
	388	+	18 that reunification services may be offered as provided in
	389	+	19 paragraph (F) of subsection (2) of Section 2-28 of that Act.
	390	+	20 Nothing in this paragraph shall be construed to create a
	391	+	21 private right of action or claim on the part of any individual
	392	+	22 or child welfare agency, except that when a child is the
	393	+	23 subject of an action under Article II of the Juvenile Court Act
	394	+	24 of 1987 and the child's service plan calls for services to
	395	+	25 facilitate achievement of the permanency goal, the court
	396	+	26 hearing the action under Article II of the Juvenile Court Act
	397	+
	398	+
	399	+
	400	+
	401	+
	402	+	SB1504 - 10 - LRB104 09130 KTG 19186 b
	403	+
	404	+
	405	+	SB1504- 11 -LRB104 09130 KTG 19186 b SB1504 - 11 - LRB104 09130 KTG 19186 b
	406	+	SB1504 - 11 - LRB104 09130 KTG 19186 b
	407	+	1 of 1987 may order the Department to provide the services set
	408	+	2 out in the plan, if those services are not provided with
	409	+	3 reasonable promptness and if those services are available.
	410	+	4 The Department shall notify the child and the child's
	411	+	5 family of the Department's responsibility to offer and provide
	412	+	6 family preservation services as identified in the service
	413	+	7 plan. The child and the child's family shall be eligible for
	414	+	8 services as soon as the report is determined to be
	415	+	9 "indicated". The Department may offer services to any child or
	416	+	10 family with respect to whom a report of suspected child abuse
	417	+	11 or neglect has been filed, prior to concluding its
	418	+	12 investigation under Section 7.12 of the Abused and Neglected
	419	+	13 Child Reporting Act. However, the child's or family's
	420	+	14 willingness to accept services shall not be considered in the
	421	+	15 investigation. The Department may also provide services to any
	422	+	16 child or family who is the subject of any report of suspected
	423	+	17 child abuse or neglect or may refer such child or family to
	424	+	18 services available from other agencies in the community, even
	425	+	19 if the report is determined to be unfounded, if the conditions
	426	+	20 in the child's or family's home are reasonably likely to
	427	+	21 subject the child or family to future reports of suspected
	428	+	22 child abuse or neglect. Acceptance of such services shall be
	429	+	23 voluntary. The Department may also provide services to any
	430	+	24 child or family after completion of a family assessment, as an
	431	+	25 alternative to an investigation, as provided under the
	432	+	26 "differential response program" provided for in subsection
	433	+
	434	+
	435	+
	436	+
	437	+
	438	+	SB1504 - 11 - LRB104 09130 KTG 19186 b
	439	+
	440	+
	441	+	SB1504- 12 -LRB104 09130 KTG 19186 b SB1504 - 12 - LRB104 09130 KTG 19186 b
	442	+	SB1504 - 12 - LRB104 09130 KTG 19186 b
	443	+	1 (a-5) of Section 7.4 of the Abused and Neglected Child
	444	+	2 Reporting Act.
	445	+	3 The Department may, at its discretion except for those
	446	+	4 children also adjudicated neglected or dependent, accept for
	447	+	5 care and training any child who has been adjudicated addicted,
	448	+	6 as a truant minor in need of supervision or as a minor
	449	+	7 requiring authoritative intervention, under the Juvenile Court
	450	+	8 Act or the Juvenile Court Act of 1987, but no such child shall
	451	+	9 be committed to the Department by any court without the
	452	+	10 approval of the Department. On and after January 1, 2015 (the
	453	+	11 effective date of Public Act 98-803) and before January 1,
	454	+	12 2017, a minor charged with a criminal offense under the
	455	+	13 Criminal Code of 1961 or the Criminal Code of 2012 or
	456	+	14 adjudicated delinquent shall not be placed in the custody of
	457	+	15 or committed to the Department by any court, except (i) a minor
	458	+	16 less than 16 years of age committed to the Department under
	459	+	17 Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
	460	+	18 for whom an independent basis of abuse, neglect, or dependency
	461	+	19 exists, which must be defined by departmental rule, or (iii) a
	462	+	20 minor for whom the court has granted a supplemental petition
	463	+	21 to reinstate wardship pursuant to subsection (2) of Section
	464	+	22 2-33 of the Juvenile Court Act of 1987. On and after January 1,
	465	+	23 2017, a minor charged with a criminal offense under the
	466	+	24 Criminal Code of 1961 or the Criminal Code of 2012 or
	467	+	25 adjudicated delinquent shall not be placed in the custody of
	468	+	26 or committed to the Department by any court, except (i) a minor
	469	+
	470	+
	471	+
	472	+
	473	+
	474	+	SB1504 - 12 - LRB104 09130 KTG 19186 b
	475	+
	476	+
	477	+	SB1504- 13 -LRB104 09130 KTG 19186 b SB1504 - 13 - LRB104 09130 KTG 19186 b
	478	+	SB1504 - 13 - LRB104 09130 KTG 19186 b
	479	+	1 less than 15 years of age committed to the Department under
	480	+	2 Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
	481	+	3 for whom an independent basis of abuse, neglect, or dependency
	482	+	4 exists, which must be defined by departmental rule, or (iii) a
	483	+	5 minor for whom the court has granted a supplemental petition
	484	+	6 to reinstate wardship pursuant to subsection (2) of Section
	485	+	7 2-33 of the Juvenile Court Act of 1987. An independent basis
	486	+	8 exists when the allegations or adjudication of abuse, neglect,
	487	+	9 or dependency do not arise from the same facts, incident, or
	488	+	10 circumstances which give rise to a charge or adjudication of
	489	+	11 delinquency. The Department shall assign a caseworker to
	490	+	12 attend any hearing involving a youth in the care and custody of
	491	+	13 the Department who is placed on aftercare release, including
	492	+	14 hearings involving sanctions for violation of aftercare
	493	+	15 release conditions and aftercare release revocation hearings.
	494	+	16 As soon as is possible after August 7, 2009 (the effective
	495	+	17 date of Public Act 96-134), the Department shall develop and
	496	+	18 implement a special program of family preservation services to
	497	+	19 support intact, foster, and adoptive families who are
	498	+	20 experiencing extreme hardships due to the difficulty and
	499	+	21 stress of caring for a child who has been diagnosed with a
	500	+	22 pervasive developmental disorder if the Department determines
	501	+	23 that those services are necessary to ensure the health and
	502	+	24 safety of the child. The Department may offer services to any
	503	+	25 family whether or not a report has been filed under the Abused
	504	+	26 and Neglected Child Reporting Act. The Department may refer
	505	+
	506	+
	507	+
	508	+
	509	+
	510	+	SB1504 - 13 - LRB104 09130 KTG 19186 b
	511	+
	512	+
	513	+	SB1504- 14 -LRB104 09130 KTG 19186 b SB1504 - 14 - LRB104 09130 KTG 19186 b
	514	+	SB1504 - 14 - LRB104 09130 KTG 19186 b
	515	+	1 the child or family to services available from other agencies
	516	+	2 in the community if the conditions in the child's or family's
	517	+	3 home are reasonably likely to subject the child or family to
	518	+	4 future reports of suspected child abuse or neglect. Acceptance
	519	+	5 of these services shall be voluntary. The Department shall
	520	+	6 develop and implement a public information campaign to alert
	521	+	7 health and social service providers and the general public
	522	+	8 about these special family preservation services. The nature
	523	+	9 and scope of the services offered and the number of families
	524	+	10 served under the special program implemented under this
	525	+	11 paragraph shall be determined by the level of funding that the
	526	+	12 Department annually allocates for this purpose. The term
	527	+	13 "pervasive developmental disorder" under this paragraph means
	528	+	14 a neurological condition, including, but not limited to,
	529	+	15 Asperger's Syndrome and autism, as defined in the most recent
	530	+	16 edition of the Diagnostic and Statistical Manual of Mental
	531	+	17 Disorders of the American Psychiatric Association.
	532	+	18 (l-1) The General Assembly recognizes that the best
	533	+	19 interests of the child require that the child be placed in the
	534	+	20 most permanent living arrangement as soon as is practically
	535	+	21 possible. To achieve this goal, the General Assembly directs
	536	+	22 the Department of Children and Family Services to conduct
	537	+	23 concurrent planning so that permanency may occur at the
	538	+	24 earliest opportunity. Permanent living arrangements may
	539	+	25 include prevention of placement of a child outside the home of
	540	+	26 the family when the child can be cared for at home without
	541	+
	542	+
	543	+
	544	+
	545	+
	546	+	SB1504 - 14 - LRB104 09130 KTG 19186 b
	547	+
	548	+
	549	+	SB1504- 15 -LRB104 09130 KTG 19186 b SB1504 - 15 - LRB104 09130 KTG 19186 b
	550	+	SB1504 - 15 - LRB104 09130 KTG 19186 b
	551	+	1 endangering the child's health or safety; reunification with
	552	+	2 the family, when safe and appropriate, if temporary placement
	553	+	3 is necessary; or movement of the child toward the most
	554	+	4 permanent living arrangement and permanent legal status.
	555	+	5 When determining reasonable efforts to be made with
	556	+	6 respect to a child, as described in this subsection, and in
	557	+	7 making such reasonable efforts, the child's health and safety
	558	+	8 shall be the paramount concern.
	559	+	9 When a child is placed in foster care, the Department
	560	+	10 shall ensure and document that reasonable efforts were made to
	561	+	11 prevent or eliminate the need to remove the child from the
	562	+	12 child's home. The Department must make reasonable efforts to
	563	+	13 reunify the family when temporary placement of the child
	564	+	14 occurs unless otherwise required, pursuant to the Juvenile
	565	+	15 Court Act of 1987. At any time after the dispositional hearing
	566	+	16 where the Department believes that further reunification
	567	+	17 services would be ineffective, it may request a finding from
	568	+	18 the court that reasonable efforts are no longer appropriate.
	569	+	19 The Department is not required to provide further
	570	+	20 reunification services after such a finding.
	571	+	21 A decision to place a child in substitute care shall be
	572	+	22 made with considerations of the child's health, safety, and
	573	+	23 best interests. At the time of placement, consideration should
	574	+	24 also be given so that if reunification fails or is delayed, the
	575	+	25 placement made is the best available placement to provide
	576	+	26 permanency for the child.
	577	+
	578	+
	579	+
	580	+
	581	+
	582	+	SB1504 - 15 - LRB104 09130 KTG 19186 b
	583	+
	584	+
	585	+	SB1504- 16 -LRB104 09130 KTG 19186 b SB1504 - 16 - LRB104 09130 KTG 19186 b
	586	+	SB1504 - 16 - LRB104 09130 KTG 19186 b
	587	+	1 The Department shall adopt rules addressing concurrent
	588	+	2 planning for reunification and permanency. The Department
	589	+	3 shall consider the following factors when determining
	590	+	4 appropriateness of concurrent planning:
	591	+	5 (1) the likelihood of prompt reunification;
	592	+	6 (2) the past history of the family;
	593	+	7 (3) the barriers to reunification being addressed by
	594	+	8 the family;
	595	+	9 (4) the level of cooperation of the family;
	596	+	10 (5) the foster parents' willingness to work with the
	597	+	11 family to reunite;
	598	+	12 (6) the willingness and ability of the foster family
	599	+	13 to provide an adoptive home or long-term placement;
	600	+	14 (7) the age of the child;
	601	+	15 (8) placement of siblings.
	602	+	16 (m) The Department may assume temporary custody of any
	603	+	17 child if:
	604	+	18 (1) it has received a written consent to such
	605	+	19 temporary custody signed by the parents of the child or by
	606	+	20 the parent having custody of the child if the parents are
	607	+	21 not living together or by the guardian or custodian of the
	608	+	22 child if the child is not in the custody of either parent,
	609	+	23 or
	610	+	24 (2) the child is found in the State and neither a
	611	+	25 parent, guardian nor custodian of the child can be
	612	+	26 located.
	613	+
	614	+
	615	+
	616	+
	617	+
	618	+	SB1504 - 16 - LRB104 09130 KTG 19186 b
	619	+
	620	+
	621	+	SB1504- 17 -LRB104 09130 KTG 19186 b SB1504 - 17 - LRB104 09130 KTG 19186 b
	622	+	SB1504 - 17 - LRB104 09130 KTG 19186 b
	623	+	1 If the child is found in the child's residence without a
	624	+	2 parent, guardian, custodian, or responsible caretaker, the
	625	+	3 Department may, instead of removing the child and assuming
	626	+	4 temporary custody, place an authorized representative of the
	627	+	5 Department in that residence until such time as a parent,
	628	+	6 guardian, or custodian enters the home and expresses a
	629	+	7 willingness and apparent ability to ensure the child's health
	630	+	8 and safety and resume permanent charge of the child, or until a
	631	+	9 relative enters the home and is willing and able to ensure the
	632	+	10 child's health and safety and assume charge of the child until
	633	+	11 a parent, guardian, or custodian enters the home and expresses
	634	+	12 such willingness and ability to ensure the child's safety and
	635	+	13 resume permanent charge. After a caretaker has remained in the
	636	+	14 home for a period not to exceed 12 hours, the Department must
	637	+	15 follow those procedures outlined in Section 2-9, 3-11, 4-8, or
	638	+	16 5-415 of the Juvenile Court Act of 1987.
	639	+	17 The Department shall have the authority, responsibilities
	640	+	18 and duties that a legal custodian of the child would have
	641	+	19 pursuant to subsection (9) of Section 1-3 of the Juvenile
	642	+	20 Court Act of 1987. Whenever a child is taken into temporary
	643	+	21 custody pursuant to an investigation under the Abused and
	644	+	22 Neglected Child Reporting Act, or pursuant to a referral and
	645	+	23 acceptance under the Juvenile Court Act of 1987 of a minor in
	646	+	24 limited custody, the Department, during the period of
	647	+	25 temporary custody and before the child is brought before a
	648	+	26 judicial officer as required by Section 2-9, 3-11, 4-8, or
	649	+
	650	+
	651	+
	652	+
	653	+
	654	+	SB1504 - 17 - LRB104 09130 KTG 19186 b
	655	+
	656	+
	657	+	SB1504- 18 -LRB104 09130 KTG 19186 b SB1504 - 18 - LRB104 09130 KTG 19186 b
	658	+	SB1504 - 18 - LRB104 09130 KTG 19186 b
	659	+	1 5-415 of the Juvenile Court Act of 1987, shall have the
	660	+	2 authority, responsibilities and duties that a legal custodian
	661	+	3 of the child would have under subsection (9) of Section 1-3 of
	662	+	4 the Juvenile Court Act of 1987.
	663	+	5 The Department shall ensure that any child taken into
	664	+	6 custody is scheduled for an appointment for a medical
	665	+	7 examination.
	666	+	8 A parent, guardian, or custodian of a child in the
	667	+	9 temporary custody of the Department who would have custody of
	668	+	10 the child if the child were not in the temporary custody of the
	669	+	11 Department may deliver to the Department a signed request that
	670	+	12 the Department surrender the temporary custody of the child.
	671	+	13 The Department may retain temporary custody of the child for
	672	+	14 10 days after the receipt of the request, during which period
	673	+	15 the Department may cause to be filed a petition pursuant to the
	674	+	16 Juvenile Court Act of 1987. If a petition is so filed, the
	675	+	17 Department shall retain temporary custody of the child until
	676	+	18 the court orders otherwise. If a petition is not filed within
	677	+	19 the 10-day period, the child shall be surrendered to the
	678	+	20 custody of the requesting parent, guardian, or custodian not
	679	+	21 later than the expiration of the 10-day period, at which time
	680	+	22 the authority and duties of the Department with respect to the
	681	+	23 temporary custody of the child shall terminate.
	682	+	24 (m-1) The Department may place children under 18 years of
	683	+	25 age in a secure child care facility licensed by the Department
	684	+	26 that cares for children who are in need of secure living
	685	+
	686	+
	687	+
	688	+
	689	+
	690	+	SB1504 - 18 - LRB104 09130 KTG 19186 b
	691	+
	692	+
	693	+	SB1504- 19 -LRB104 09130 KTG 19186 b SB1504 - 19 - LRB104 09130 KTG 19186 b
	694	+	SB1504 - 19 - LRB104 09130 KTG 19186 b
	695	+	1 arrangements for their health, safety, and well-being after a
	696	+	2 determination is made by the facility director and the
	697	+	3 Director or the Director's designate prior to admission to the
	698	+	4 facility subject to Section 2-27.1 of the Juvenile Court Act
	699	+	5 of 1987. This subsection (m-1) does not apply to a child who is
	700	+	6 subject to placement in a correctional facility operated
	701	+	7 pursuant to Section 3-15-2 of the Unified Code of Corrections,
	702	+	8 unless the child is a youth in care who was placed in the care
	703	+	9 of the Department before being subject to placement in a
	704	+	10 correctional facility and a court of competent jurisdiction
	705	+	11 has ordered placement of the child in a secure care facility.
	706	+	12 (n) The Department may place children under 18 years of
	707	+	13 age in licensed child care facilities when in the opinion of
	708	+	14 the Department, appropriate services aimed at family
	709	+	15 preservation have been unsuccessful and cannot ensure the
	710	+	16 child's health and safety or are unavailable and such
	711	+	17 placement would be for their best interest. Payment for board,
	712	+	18 clothing, care, training and supervision of any child placed
	713	+	19 in a licensed child care facility may be made by the
	714	+	20 Department, by the parents or guardians of the estates of
	715	+	21 those children, or by both the Department and the parents or
	716	+	22 guardians, except that no payments shall be made by the
	717	+	23 Department for any child placed in a licensed child care
	718	+	24 facility for board, clothing, care, training, and supervision
	719	+	25 of such a child that exceed the average per capita cost of
	720	+	26 maintaining and of caring for a child in institutions for
	721	+
	722	+
	723	+
	724	+
	725	+
	726	+	SB1504 - 19 - LRB104 09130 KTG 19186 b
	727	+
	728	+
	729	+	SB1504- 20 -LRB104 09130 KTG 19186 b SB1504 - 20 - LRB104 09130 KTG 19186 b
	730	+	SB1504 - 20 - LRB104 09130 KTG 19186 b
	731	+	1 dependent or neglected children operated by the Department.
	732	+	2 However, such restriction on payments does not apply in cases
	733	+	3 where children require specialized care and treatment for
	734	+	4 problems of severe emotional disturbance, physical disability,
	735	+	5 social adjustment, or any combination thereof and suitable
	736	+	6 facilities for the placement of such children are not
	737	+	7 available at payment rates within the limitations set forth in
	738	+	8 this Section. All reimbursements for services delivered shall
	739	+	9 be absolutely inalienable by assignment, sale, attachment, or
	740	+	10 garnishment or otherwise.
	741	+	11 (n-1) The Department shall provide or authorize child
	742	+	12 welfare services, aimed at assisting minors to achieve
	743	+	13 sustainable self-sufficiency as independent adults, for any
	744	+	14 minor eligible for the reinstatement of wardship pursuant to
	745	+	15 subsection (2) of Section 2-33 of the Juvenile Court Act of
	746	+	16 1987, whether or not such reinstatement is sought or allowed,
	747	+	17 provided that the minor consents to such services and has not
	748	+	18 yet attained the age of 21. The Department shall have
	749	+	19 responsibility for the development and delivery of services
	750	+	20 under this Section. An eligible youth may access services
	751	+	21 under this Section through the Department of Children and
	752	+	22 Family Services or by referral from the Department of Human
	753	+	23 Services. Youth participating in services under this Section
	754	+	24 shall cooperate with the assigned case manager in developing
	755	+	25 an agreement identifying the services to be provided and how
	756	+	26 the youth will increase skills to achieve self-sufficiency. A
	757	+
	758	+
	759	+
	760	+
	761	+
	762	+	SB1504 - 20 - LRB104 09130 KTG 19186 b
	763	+
	764	+
	765	+	SB1504- 21 -LRB104 09130 KTG 19186 b SB1504 - 21 - LRB104 09130 KTG 19186 b
	766	+	SB1504 - 21 - LRB104 09130 KTG 19186 b
	767	+	1 homeless shelter is not considered appropriate housing for any
	768	+	2 youth receiving child welfare services under this Section. The
	769	+	3 Department shall continue child welfare services under this
	770	+	4 Section to any eligible minor until the minor becomes 21 years
	771	+	5 of age, no longer consents to participate, or achieves
	772	+	6 self-sufficiency as identified in the minor's service plan.
	773	+	7 The Department of Children and Family Services shall create
	774	+	8 clear, readable notice of the rights of former foster youth to
	775	+	9 child welfare services under this Section and how such
	776	+	10 services may be obtained. The Department of Children and
	777	+	11 Family Services and the Department of Human Services shall
	778	+	12 disseminate this information statewide. The Department shall
	779	+	13 adopt regulations describing services intended to assist
	780	+	14 minors in achieving sustainable self-sufficiency as
	781	+	15 independent adults.
	782	+	16 (o) The Department shall establish an administrative
	783	+	17 review and appeal process for children and families who
	784	+	18 request or receive child welfare services from the Department.
	785	+	19 Youth in care who are placed by private child welfare
	786	+	20 agencies, and foster families with whom those youth are
	787	+	21 placed, shall be afforded the same procedural and appeal
	788	+	22 rights as children and families in the case of placement by the
	789	+	23 Department, including the right to an initial review of a
	790	+	24 private agency decision by that agency. The Department shall
	791	+	25 ensure that any private child welfare agency, which accepts
	792	+	26 youth in care for placement, affords those rights to children
	793	+
	794	+
	795	+
	796	+
	797	+
	798	+	SB1504 - 21 - LRB104 09130 KTG 19186 b
	799	+
	800	+
	801	+	SB1504- 22 -LRB104 09130 KTG 19186 b SB1504 - 22 - LRB104 09130 KTG 19186 b
	802	+	SB1504 - 22 - LRB104 09130 KTG 19186 b
	803	+	1 and foster families. The Department shall accept for
	804	+	2 administrative review and an appeal hearing a complaint made
	805	+	3 by (i) a child or foster family concerning a decision
	806	+	4 following an initial review by a private child welfare agency
	807	+	5 or (ii) a prospective adoptive parent who alleges a violation
	808	+	6 of subsection (j-5) of this Section. An appeal of a decision
	809	+	7 concerning a change in the placement of a child shall be
	810	+	8 conducted in an expedited manner. A court determination that a
	811	+	9 current foster home placement is necessary and appropriate
	812	+	10 under Section 2-28 of the Juvenile Court Act of 1987 does not
	813	+	11 constitute a judicial determination on the merits of an
	814	+	12 administrative appeal, filed by a former foster parent,
	815	+	13 involving a change of placement decision.
	816	+	14 (p) (Blank).
	817	+	15 (q) The Department may receive and use, in their entirety,
	818	+	16 for the benefit of children any gift, donation, or bequest of
	819	+	17 money or other property which is received on behalf of such
	820	+	18 children, or any financial benefits to which such children are
	821	+	19 or may become entitled while under the jurisdiction or care of
	822	+	20 the Department, except that the benefits described in Section
	823	+	21 5.46 must be used and conserved consistent with the provisions
	824	+	22 under Section 5.46.
	825	+	23 The Department shall set up and administer no-cost,
	826	+	24 interest-bearing accounts in appropriate financial
	827	+	25 institutions for children for whom the Department is legally
	828	+	26 responsible and who have been determined eligible for
	829	+
	830	+
	831	+
	832	+
	833	+
	834	+	SB1504 - 22 - LRB104 09130 KTG 19186 b
	835	+
	836	+
	837	+	SB1504- 23 -LRB104 09130 KTG 19186 b SB1504 - 23 - LRB104 09130 KTG 19186 b
	838	+	SB1504 - 23 - LRB104 09130 KTG 19186 b
	839	+	1 Veterans' Benefits, Social Security benefits, assistance
	840	+	2 allotments from the armed forces, court ordered payments,
	841	+	3 parental voluntary payments, Supplemental Security Income,
	842	+	4 Railroad Retirement payments, Black Lung benefits, or other
	843	+	5 miscellaneous payments. Interest earned by each account shall
	844	+	6 be credited to the account, unless disbursed in accordance
	845	+	7 with this subsection.
	846	+	8 In disbursing funds from children's accounts, the
	847	+	9 Department shall:
	848	+	10 (1) Establish standards in accordance with State and
	849	+	11 federal laws for disbursing money from children's
	850	+	12 accounts. In all circumstances, the Department's
	851	+	13 Guardianship Administrator or the Guardianship
	852	+	14 Administrator's designee must approve disbursements from
	853	+	15 children's accounts. The Department shall be responsible
	854	+	16 for keeping complete records of all disbursements for each
	855	+	17 account for any purpose.
	856	+	18 (2) Calculate on a monthly basis the amounts paid from
	857	+	19 State funds for the child's board and care, medical care
	858	+	20 not covered under Medicaid, and social services; and
	859	+	21 utilize funds from the child's account, as covered by
	860	+	22 regulation, to reimburse those costs. Monthly,
	861	+	23 disbursements from all children's accounts, up to 1/12 of
	862	+	24 $13,000,000, shall be deposited by the Department into the
	863	+	25 General Revenue Fund and the balance over 1/12 of
	864	+	26 $13,000,000 into the DCFS Children's Services Fund.
	865	+
	866	+
	867	+
	868	+
	869	+
	870	+	SB1504 - 23 - LRB104 09130 KTG 19186 b
	871	+
	872	+
	873	+	SB1504- 24 -LRB104 09130 KTG 19186 b SB1504 - 24 - LRB104 09130 KTG 19186 b
	874	+	SB1504 - 24 - LRB104 09130 KTG 19186 b
	875	+	1 (3) Maintain any balance remaining after reimbursing
	876	+	2 for the child's costs of care, as specified in item (2).
	877	+	3 The balance shall accumulate in accordance with relevant
	878	+	4 State and federal laws and shall be disbursed to the child
	879	+	5 or the child's guardian or to the issuing agency.
	880	+	6 (r) The Department shall promulgate regulations
	881	+	7 encouraging all adoption agencies to voluntarily forward to
	882	+	8 the Department or its agent names and addresses of all persons
	883	+	9 who have applied for and have been approved for adoption of a
	884	+	10 hard-to-place child or child with a disability and the names
	885	+	11 of such children who have not been placed for adoption. A list
	886	+	12 of such names and addresses shall be maintained by the
	887	+	13 Department or its agent, and coded lists which maintain the
	888	+	14 confidentiality of the person seeking to adopt the child and
	889	+	15 of the child shall be made available, without charge, to every
	890	+	16 adoption agency in the State to assist the agencies in placing
	891	+	17 such children for adoption. The Department may delegate to an
	892	+	18 agent its duty to maintain and make available such lists. The
	893	+	19 Department shall ensure that such agent maintains the
	894	+	20 confidentiality of the person seeking to adopt the child and
	895	+	21 of the child.
	896	+	22 (s) The Department of Children and Family Services may
	897	+	23 establish and implement a program to reimburse Department and
	898	+	24 private child welfare agency foster parents licensed by the
	899	+	25 Department of Children and Family Services for damages
	900	+	26 sustained by the foster parents as a result of the malicious or
	901	+
	902	+
	903	+
	904	+
	905	+
	906	+	SB1504 - 24 - LRB104 09130 KTG 19186 b
	907	+
	908	+
	909	+	SB1504- 25 -LRB104 09130 KTG 19186 b SB1504 - 25 - LRB104 09130 KTG 19186 b
	910	+	SB1504 - 25 - LRB104 09130 KTG 19186 b
	911	+	1 negligent acts of foster children, as well as providing third
	912	+	2 party coverage for such foster parents with regard to actions
	913	+	3 of foster children to other individuals. Such coverage will be
	914	+	4 secondary to the foster parent liability insurance policy, if
	915	+	5 applicable. The program shall be funded through appropriations
	916	+	6 from the General Revenue Fund, specifically designated for
	917	+	7 such purposes.
	918	+	8 (t) The Department shall perform home studies and
	919	+	9 investigations and shall exercise supervision over visitation
	920	+	10 as ordered by a court pursuant to the Illinois Marriage and
	921	+	11 Dissolution of Marriage Act or the Adoption Act only if:
	922	+	12 (1) an order entered by an Illinois court specifically
	923	+	13 directs the Department to perform such services; and
	924	+	14 (2) the court has ordered one or both of the parties to
	925	+	15 the proceeding to reimburse the Department for its
	926	+	16 reasonable costs for providing such services in accordance
	927	+	17 with Department rules, or has determined that neither
	928	+	18 party is financially able to pay.
	929	+	19 The Department shall provide written notification to the
	930	+	20 court of the specific arrangements for supervised visitation
	931	+	21 and projected monthly costs within 60 days of the court order.
	932	+	22 The Department shall send to the court information related to
	933	+	23 the costs incurred except in cases where the court has
	934	+	24 determined the parties are financially unable to pay. The
	935	+	25 court may order additional periodic reports as appropriate.
	936	+	26 (u) In addition to other information that must be
	937	+
	938	+
	939	+
	940	+
	941	+
	942	+	SB1504 - 25 - LRB104 09130 KTG 19186 b
	943	+
	944	+
	945	+	SB1504- 26 -LRB104 09130 KTG 19186 b SB1504 - 26 - LRB104 09130 KTG 19186 b
	946	+	SB1504 - 26 - LRB104 09130 KTG 19186 b
	947	+	1 provided, whenever the Department places a child with a
	948	+	2 prospective adoptive parent or parents, in a licensed foster
	949	+	3 home, group home, or child care institution, or in a relative
	950	+	4 home, the Department shall provide to the prospective adoptive
	951	+	5 parent or parents or other caretaker:
	952	+	6 (1) available detailed information concerning the
	953	+	7 child's educational and health history, copies of
	954	+	8 immunization records (including insurance and medical card
	955	+	9 information), a history of the child's previous
	956	+	10 placements, if any, and reasons for placement changes
	957	+	11 excluding any information that identifies or reveals the
	958	+	12 location of any previous caretaker;
	959	+	13 (2) a copy of the child's portion of the client
	960	+	14 service plan, including any visitation arrangement, and
	961	+	15 all amendments or revisions to it as related to the child;
	962	+	16 and
	963	+	17 (3) information containing details of the child's
	964	+	18 individualized educational plan when the child is
	965	+	19 receiving special education services.
	966	+	20 The caretaker shall be informed of any known social or
	967	+	21 behavioral information (including, but not limited to,
	968	+	22 criminal background, fire setting, perpetuation of sexual
	969	+	23 abuse, destructive behavior, and substance abuse) necessary to
	970	+	24 care for and safeguard the children to be placed or currently
	971	+	25 in the home. The Department may prepare a written summary of
	972	+	26 the information required by this paragraph, which may be
	973	+
	974	+
	975	+
	976	+
	977	+
	978	+	SB1504 - 26 - LRB104 09130 KTG 19186 b
	979	+
	980	+
	981	+	SB1504- 27 -LRB104 09130 KTG 19186 b SB1504 - 27 - LRB104 09130 KTG 19186 b
	982	+	SB1504 - 27 - LRB104 09130 KTG 19186 b
	983	+	1 provided to the foster or prospective adoptive parent in
	984	+	2 advance of a placement. The foster or prospective adoptive
	985	+	3 parent may review the supporting documents in the child's file
	986	+	4 in the presence of casework staff. In the case of an emergency
	987	+	5 placement, casework staff shall at least provide known
	988	+	6 information verbally, if necessary, and must subsequently
	989	+	7 provide the information in writing as required by this
	990	+	8 subsection.
	991	+	9 The information described in this subsection shall be
	992	+	10 provided in writing. In the case of emergency placements when
	993	+	11 time does not allow prior review, preparation, and collection
	994	+	12 of written information, the Department shall provide such
	995	+	13 information as it becomes available. Within 10 business days
	996	+	14 after placement, the Department shall obtain from the
	997	+	15 prospective adoptive parent or parents or other caretaker a
	998	+	16 signed verification of receipt of the information provided.
	999	+	17 Within 10 business days after placement, the Department shall
	1000	+	18 provide to the child's guardian ad litem a copy of the
	1001	+	19 information provided to the prospective adoptive parent or
	1002	+	20 parents or other caretaker. The information provided to the
	1003	+	21 prospective adoptive parent or parents or other caretaker
	1004	+	22 shall be reviewed and approved regarding accuracy at the
	1005	+	23 supervisory level.
	1006	+	24 (u-5) Effective July 1, 1995, only foster care placements
	1007	+	25 licensed as foster family homes pursuant to the Child Care Act
	1008	+	26 of 1969 shall be eligible to receive foster care payments from
	1009	+
	1010	+
	1011	+
	1012	+
	1013	+
	1014	+	SB1504 - 27 - LRB104 09130 KTG 19186 b
	1015	+
	1016	+
	1017	+	SB1504- 28 -LRB104 09130 KTG 19186 b SB1504 - 28 - LRB104 09130 KTG 19186 b
	1018	+	SB1504 - 28 - LRB104 09130 KTG 19186 b
	1019	+	1 the Department. Relative caregivers who, as of July 1, 1995,
	1020	+	2 were approved pursuant to approved relative placement rules
	1021	+	3 previously promulgated by the Department at 89 Ill. Adm. Code
	1022	+	4 335 and had submitted an application for licensure as a foster
	1023	+	5 family home may continue to receive foster care payments only
	1024	+	6 until the Department determines that they may be licensed as a
	1025	+	7 foster family home or that their application for licensure is
	1026	+	8 denied or until September 30, 1995, whichever occurs first.
	1027	+	9 (v) The Department shall access criminal history record
	1028	+	10 information as defined in the Illinois Uniform Conviction
	1029	+	11 Information Act and information maintained in the adjudicatory
	1030	+	12 and dispositional record system as defined in Section 2605-355
	1031	+	13 of the Illinois State Police Law if the Department determines
	1032	+	14 the information is necessary to perform its duties under the
	1033	+	15 Abused and Neglected Child Reporting Act, the Child Care Act
	1034	+	16 of 1969, and the Children and Family Services Act. The
	1035	+	17 Department shall provide for interactive computerized
	1036	+	18 communication and processing equipment that permits direct
	1037	+	19 on-line communication with the Illinois State Police's central
	1038	+	20 criminal history data repository. The Department shall comply
	1039	+	21 with all certification requirements and provide certified
	1040	+	22 operators who have been trained by personnel from the Illinois
	1041	+	23 State Police. In addition, one Office of the Inspector General
	1042	+	24 investigator shall have training in the use of the criminal
	1043	+	25 history information access system and have access to the
	1044	+	26 terminal. The Department of Children and Family Services and
	1045	+
	1046	+
	1047	+
	1048	+
	1049	+
	1050	+	SB1504 - 28 - LRB104 09130 KTG 19186 b
	1051	+
	1052	+
	1053	+	SB1504- 29 -LRB104 09130 KTG 19186 b SB1504 - 29 - LRB104 09130 KTG 19186 b
	1054	+	SB1504 - 29 - LRB104 09130 KTG 19186 b
	1055	+	1 its employees shall abide by rules and regulations established
	1056	+	2 by the Illinois State Police relating to the access and
	1057	+	3 dissemination of this information.
	1058	+	4 (v-1) Prior to final approval for placement of a child,
	1059	+	5 the Department shall conduct a criminal records background
	1060	+	6 check of the prospective foster or adoptive parent, including
	1061	+	7 fingerprint-based checks of national crime information
	1062	+	8 databases. Final approval for placement shall not be granted
	1063	+	9 if the record check reveals a felony conviction for child
	1064	+	10 abuse or neglect, for spousal abuse, for a crime against
	1065	+	11 children, or for a crime involving violence, including rape,
	1066	+	12 sexual assault, or homicide, but not including other physical
	1067	+	13 assault or battery, or if there is a felony conviction for
	1068	+	14 physical assault, battery, or a drug-related offense committed
	1069	+	15 within the past 5 years.
	1070	+	16 (v-2) Prior to final approval for placement of a child,
	1071	+	17 the Department shall check its child abuse and neglect
	1072	+	18 registry for information concerning prospective foster and
	1073	+	19 adoptive parents, and any adult living in the home. If any
	1074	+	20 prospective foster or adoptive parent or other adult living in
	1075	+	21 the home has resided in another state in the preceding 5 years,
	1076	+	22 the Department shall request a check of that other state's
	1077	+	23 child abuse and neglect registry.
	1078	+	24 (w) Within 120 days of August 20, 1995 (the effective date
	1079	+	25 of Public Act 89-392), the Department shall prepare and submit
	1080	+	26 to the Governor and the General Assembly, a written plan for
	1081	+
	1082	+
	1083	+
	1084	+
	1085	+
	1086	+	SB1504 - 29 - LRB104 09130 KTG 19186 b
	1087	+
	1088	+
	1089	+	SB1504- 30 -LRB104 09130 KTG 19186 b SB1504 - 30 - LRB104 09130 KTG 19186 b
	1090	+	SB1504 - 30 - LRB104 09130 KTG 19186 b
	1091	+	1 the development of in-state licensed secure child care
	1092	+	2 facilities that care for children who are in need of secure
	1093	+	3 living arrangements for their health, safety, and well-being.
	1094	+	4 For purposes of this subsection, secure care facility shall
	1095	+	5 mean a facility that is designed and operated to ensure that
	1096	+	6 all entrances and exits from the facility, a building or a
	1097	+	7 distinct part of the building, are under the exclusive control
	1098	+	8 of the staff of the facility, whether or not the child has the
	1099	+	9 freedom of movement within the perimeter of the facility,
	1100	+	10 building, or distinct part of the building. The plan shall
	1101	+	11 include descriptions of the types of facilities that are
	1102	+	12 needed in Illinois; the cost of developing these secure care
	1103	+	13 facilities; the estimated number of placements; the potential
	1104	+	14 cost savings resulting from the movement of children currently
	1105	+	15 out-of-state who are projected to be returned to Illinois; the
	1106	+	16 necessary geographic distribution of these facilities in
	1107	+	17 Illinois; and a proposed timetable for development of such
	1108	+	18 facilities.
	1109	+	19 (x) The Department shall conduct annual credit history
	1110	+	20 checks to determine the financial history of children placed
	1111	+	21 under its guardianship pursuant to the Juvenile Court Act of
	1112	+	22 1987. The Department shall conduct such credit checks starting
	1113	+	23 when a youth in care turns 12 years old and each year
	1114	+	24 thereafter for the duration of the guardianship as terminated
	1115	+	25 pursuant to the Juvenile Court Act of 1987. The Department
	1116	+	26 shall determine if financial exploitation of the child's
	1117	+
	1118	+
	1119	+
	1120	+
	1121	+
	1122	+	SB1504 - 30 - LRB104 09130 KTG 19186 b
	1123	+
	1124	+
	1125	+	SB1504- 31 -LRB104 09130 KTG 19186 b SB1504 - 31 - LRB104 09130 KTG 19186 b
	1126	+	SB1504 - 31 - LRB104 09130 KTG 19186 b
	1127	+	1 personal information has occurred. If financial exploitation
	1128	+	2 appears to have taken place or is presently ongoing, the
	1129	+	3 Department shall notify the proper law enforcement agency, the
	1130	+	4 proper State's Attorney, or the Attorney General.
	1131	+	5 (y) Beginning on July 22, 2010 (the effective date of
	1132	+	6 Public Act 96-1189), a child with a disability who receives
	1133	+	7 residential and educational services from the Department shall
	1134	+	8 be eligible to receive transition services in accordance with
	1135	+	9 Article 14 of the School Code from the age of 14.5 through age
	1136	+	10 21, inclusive, notwithstanding the child's residential
	1137	+	11 services arrangement. For purposes of this subsection, "child
	1138	+	12 with a disability" means a child with a disability as defined
	1139	+	13 by the federal Individuals with Disabilities Education
	1140	+	14 Improvement Act of 2004.
	1141	+	15 (z) The Department shall access criminal history record
	1142	+	16 information as defined as "background information" in this
	1143	+	17 subsection and criminal history record information as defined
	1144	+	18 in the Illinois Uniform Conviction Information Act for each
	1145	+	19 Department employee or Department applicant. Each Department
	1146	+	20 employee or Department applicant shall submit the employee's
	1147	+	21 or applicant's fingerprints to the Illinois State Police in
	1148	+	22 the form and manner prescribed by the Illinois State Police.
	1149	+	23 These fingerprints shall be checked against the fingerprint
	1150	+	24 records now and hereafter filed in the Illinois State Police
	1151	+	25 and the Federal Bureau of Investigation criminal history
	1152	+	26 records databases. The Illinois State Police shall charge a
	1153	+
	1154	+
	1155	+
	1156	+
	1157	+
	1158	+	SB1504 - 31 - LRB104 09130 KTG 19186 b
	1159	+
	1160	+
	1161	+	SB1504- 32 -LRB104 09130 KTG 19186 b SB1504 - 32 - LRB104 09130 KTG 19186 b
	1162	+	SB1504 - 32 - LRB104 09130 KTG 19186 b
	1163	+	1 fee for conducting the criminal history record check, which
	1164	+	2 shall be deposited into the State Police Services Fund and
	1165	+	3 shall not exceed the actual cost of the record check. The
	1166	+	4 Illinois State Police shall furnish, pursuant to positive
	1167	+	5 identification, all Illinois conviction information to the
	1168	+	6 Department of Children and Family Services.
	1169	+	7 For purposes of this subsection:
	1170	+	8 "Background information" means all of the following:
	1171	+	9 (i) Upon the request of the Department of Children and
	1172	+	10 Family Services, conviction information obtained from the
	1173	+	11 Illinois State Police as a result of a fingerprint-based
	1174	+	12 criminal history records check of the Illinois criminal
	1175	+	13 history records database and the Federal Bureau of
	1176	+	14 Investigation criminal history records database concerning
	1177	+	15 a Department employee or Department applicant.
	1178	+	16 (ii) Information obtained by the Department of
	1179	+	17 Children and Family Services after performing a check of
	1180	+	18 the Illinois State Police's Sex Offender Database, as
	1181	+	19 authorized by Section 120 of the Sex Offender Community
	1182	+	20 Notification Law, concerning a Department employee or
	1183	+	21 Department applicant.
	1184	+	22 (iii) Information obtained by the Department of
	1185	+	23 Children and Family Services after performing a check of
	1186	+	24 the Child Abuse and Neglect Tracking System (CANTS)
	1187	+	25 operated and maintained by the Department.
	1188	+	26 "Department employee" means a full-time or temporary
	1189	+
	1190	+
	1191	+
	1192	+
	1193	+
	1194	+	SB1504 - 32 - LRB104 09130 KTG 19186 b
	1195	+
	1196	+
	1197	+	SB1504- 33 -LRB104 09130 KTG 19186 b SB1504 - 33 - LRB104 09130 KTG 19186 b
	1198	+	SB1504 - 33 - LRB104 09130 KTG 19186 b
	1199	+	1 employee coded or certified within the State of Illinois
	1200	+	2 Personnel System.
	1201	+	3 "Department applicant" means an individual who has
	1202	+	4 conditional Department full-time or part-time work, a
	1203	+	5 contractor, an individual used to replace or supplement staff,
	1204	+	6 an academic intern, a volunteer in Department offices or on
	1205	+	7 Department contracts, a work-study student, an individual or
	1206	+	8 entity licensed by the Department, or an unlicensed service
	1207	+	9 provider who works as a condition of a contract or an agreement
	1208	+	10 and whose work may bring the unlicensed service provider into
	1209	+	11 contact with Department clients or client records.
	1210	+	12 (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
	1211	+	13 102-1014, eff. 5-27-22; 103-22, eff. 8-8-23; 103-50, eff.
	1212	+	14 1-1-24; 103-546, eff. 8-11-23; 103-605, eff. 7-1-24.)
	1213	+	15 (20 ILCS 505/35.10)
	1214	+	16 Sec. 35.10. Successful transitions to adult living.
	1215	+	17 Documents necessary for adult living.
	1216	+	18 (a) The Department shall make reasonable efforts to
	1217	+	19 develop a youth-driven transition plan for each youth in care
	1218	+	20 aged 18 and over for whom the court has set a permanency goal
	1219	+	21 of independence or home environment not appropriate in
	1220	+	22 accordance with Section 2-28 of the Juvenile Court Act of
	1221	+	23 1987. The Department shall ensure the plan addresses the
	1222	+	24 following areas at a minimum: housing, mental and physical
	1223	+	25 health and well-being, financial stability, employment,
	1224	+
	1225	+
	1226	+
	1227	+
	1228	+
	1229	+	SB1504 - 33 - LRB104 09130 KTG 19186 b
	1230	+
	1231	+
	1232	+	SB1504- 34 -LRB104 09130 KTG 19186 b SB1504 - 34 - LRB104 09130 KTG 19186 b
	1233	+	SB1504 - 34 - LRB104 09130 KTG 19186 b
	1234	+	1 education, connections to supportive adults and peers,
	1235	+	2 transition to adult services, if applicable, and child care
	1236	+	3 and parenting supports, if applicable. The Department shall
	1237	+	4 make reasonable efforts to assist the youth in accomplishing
	1238	+	5 the plan, to develop strategies to resolve barriers, and to
	1239	+	6 ensure the youth is aware of any post-case closure supports
	1240	+	7 and services and how to access such supports and services.
	1241	+	8 (b) Documents necessary for adult living. The Department
	1242	+	9 shall assist a youth in care in identifying and obtaining
	1243	+	10 documents necessary to function as an independent adult prior
	1244	+	11 to the closure of the youth's case to terminate wardship as
	1245	+	12 provided in Section 2-31 of the Juvenile Court Act of 1987.
	1246	+	13 These necessary documents shall include, but not be limited
	1247	+	14 to, any of the following:
	1248	+	15 (1) State identification card or driver's license.
	1249	+	16 (2) Social Security card.
	1250	+	17 (3) Medical records, including, but not limited to,
	1251	+	18 health passport, dental records, immunization records,
	1252	+	19 name and contact information for all current medical,
	1253	+	20 dental, and mental health providers, and a signed
	1254	+	21 certification that the Department provided the youth with
	1255	+	22 education on executing a healthcare power of attorney.
	1256	+	23 (4) Medicaid card or other health eligibility
	1257	+	24 documentation.
	1258	+	25 (5) Certified copy of birth certificate.
	1259	+	26 (6) Any applicable religious documents.
	1260	+
	1261	+
	1262	+
	1263	+
	1264	+
	1265	+	SB1504 - 34 - LRB104 09130 KTG 19186 b
	1266	+
	1267	+
	1268	+	SB1504- 35 -LRB104 09130 KTG 19186 b SB1504 - 35 - LRB104 09130 KTG 19186 b
	1269	+	SB1504 - 35 - LRB104 09130 KTG 19186 b
	1270	+	1 (7) Voter registration card.
	1271	+	2 (8) Immigration, citizenship, or naturalization
	1272	+	3 documentation, if applicable.
	1273	+	4 (9) Death certificates of parents, if applicable.
	1274	+	5 (10) Life book or compilation of personal history and
	1275	+	6 photographs.
	1276	+	7 (11) List of known relatives and persons willing to
	1277	+	8 provide supports to the youth with relationships,
	1278	+	9 addresses, telephone numbers, and other contact
	1279	+	10 information, with the permission of the involved relative
	1280	+	11 or supportive person.
	1281	+	12 (12) Resume.
	1282	+	13 (13) Educational records, including list of schools
	1283	+	14 attended, and transcript, high school diploma, or State of
	1284	+	15 Illinois High School Diploma.
	1285	+	16 (14) List of placements while in care.
	1286	+	17 (15) List of community resources with referral
	1287	+	18 information, including the Midwest Adoption Center for
	1288	+	19 search and reunion services for former youth in care,
	1289	+	20 whether or not they were adopted, and the Illinois Chapter
	1290	+	21 of Foster Care Alumni of America.
	1291	+	22 (16) All documents necessary to complete a Free
	1292	+	23 Application for Federal Student Aid form, if applicable,
	1293	+	24 or an application for State financial aid.
	1294	+	25 (17) If applicable, a final accounting of the account
	1295	+	26 maintained on behalf of the youth as provided under
	1296	+
	1297	+
	1298	+
	1299	+
	1300	+
	1301	+	SB1504 - 35 - LRB104 09130 KTG 19186 b
	1302	+
	1303	+
	1304	+	SB1504- 36 -LRB104 09130 KTG 19186 b SB1504 - 36 - LRB104 09130 KTG 19186 b
	1305	+	SB1504 - 36 - LRB104 09130 KTG 19186 b
	1306	+	1 Section 5.46.
	1307	+	2 If a court determines that a youth in care no longer requires
	1308	+	3 wardship of the court and orders the wardship terminated and
	1309	+	4 all proceedings under the Juvenile Court Act of 1987
	1310	+	5 respecting the youth in care finally closed and discharged,
	1311	+	6 the Department shall ensure that the youth in care receives a
	1312	+	7 copy of the court's order.
	1313	+	8 (Source: P.A. 102-70, eff. 1-1-22; 102-1014, eff. 5-27-22;
	1314	+	9 102-1100, eff. 1-1-23; 103-154, eff. 6-30-23.)
	1315	+	10 Section 10. The Juvenile Court Act of 1987 is amended by
	1316	+	11 changing Sections 2-28, 2-33, and 5-745 and by adding Section
	1317	+	12 2-28.2 as follows:
	1318	+	13 (705 ILCS 405/2-28)
	1319	+	14 Sec. 2-28. Court review.
	1320	+	15 (1) The court may require any legal custodian or guardian
	1321	+	16 of the person appointed under this Act to report periodically
	1322	+	17 to the court or may cite the legal custodian or guardian into
	1323	+	18 court and require the legal custodian, guardian, or the legal
	1324	+	19 custodian's or guardian's agency to make a full and accurate
	1325	+	20 report of the doings of the legal custodian, guardian, or
	1326	+	21 agency on behalf of the minor. The custodian or guardian,
	1327	+	22 within 10 days after such citation, or earlier if the court
	1328	+	23 determines it to be necessary to protect the health, safety,
	1329	+	24 or welfare of the minor, shall make the report, either in
	1330	+
	1331	+
	1332	+
	1333	+
	1334	+
	1335	+	SB1504 - 36 - LRB104 09130 KTG 19186 b
	1336	+
	1337	+
	1338	+	SB1504- 37 -LRB104 09130 KTG 19186 b SB1504 - 37 - LRB104 09130 KTG 19186 b
	1339	+	SB1504 - 37 - LRB104 09130 KTG 19186 b
	1340	+	1 writing verified by affidavit or orally under oath in open
	1341	+	2 court, or otherwise as the court directs. Upon the hearing of
	1342	+	3 the report the court may remove the custodian or guardian and
	1343	+	4 appoint another in the custodian's or guardian's stead or
	1344	+	5 restore the minor to the custody of the minor's parents or
	1345	+	6 former guardian or custodian. However, custody of the minor
	1346	+	7 shall not be restored to any parent, guardian, or legal
	1347	+	8 custodian in any case in which the minor is found to be
	1348	+	9 neglected or abused under Section 2-3 or dependent under
	1349	+	10 Section 2-4 of this Act, unless the minor can be cared for at
	1350	+	11 home without endangering the minor's health or safety and it
	1351	+	12 is in the best interests of the minor, and if such neglect,
	1352	+	13 abuse, or dependency is found by the court under paragraph (1)
	1353	+	14 of Section 2-21 of this Act to have come about due to the acts
	1354	+	15 or omissions or both of such parent, guardian, or legal
	1355	+	16 custodian, until such time as an investigation is made as
	1356	+	17 provided in paragraph (5) and a hearing is held on the issue of
	1357	+	18 the fitness of such parent, guardian, or legal custodian to
	1358	+	19 care for the minor and the court enters an order that such
	1359	+	20 parent, guardian, or legal custodian is fit to care for the
	1360	+	21 minor.
	1361	+	22 (1.5) The public agency that is the custodian or guardian
	1362	+	23 of the minor shall file a written report with the court no
	1363	+	24 later than 15 days after a minor in the agency's care remains:
	1364	+	25 (1) in a shelter placement beyond 30 days;
	1365	+	26 (2) in a psychiatric hospital past the time when the
	1366	+
	1367	+
	1368	+
	1369	+
	1370	+
	1371	+	SB1504 - 37 - LRB104 09130 KTG 19186 b
	1372	+
	1373	+
	1374	+	SB1504- 38 -LRB104 09130 KTG 19186 b SB1504 - 38 - LRB104 09130 KTG 19186 b
	1375	+	SB1504 - 38 - LRB104 09130 KTG 19186 b
	1376	+	1 minor is clinically ready for discharge or beyond medical
	1377	+	2 necessity for the minor's health; or
	1378	+	3 (3) in a detention center or Department of Juvenile
	1379	+	4 Justice facility solely because the public agency cannot
	1380	+	5 find an appropriate placement for the minor.
	1381	+	6 The report shall explain the steps the agency is taking to
	1382	+	7 ensure the minor is placed appropriately, how the minor's
	1383	+	8 needs are being met in the minor's shelter placement, and if a
	1384	+	9 future placement has been identified by the Department, why
	1385	+	10 the anticipated placement is appropriate for the needs of the
	1386	+	11 minor and the anticipated placement date.
	1387	+	12 (1.6) Within 30 days after placing a child in its care in a
	1388	+	13 qualified residential treatment program, as defined by the
	1389	+	14 federal Social Security Act, the Department of Children and
	1390	+	15 Family Services shall prepare a written report for filing with
	1391	+	16 the court and send copies of the report to all parties. Within
	1392	+	17 20 days of the filing of the report, or as soon thereafter as
	1393	+	18 the court's schedule allows but not more than 60 days from the
	1394	+	19 date of placement, the court shall hold a hearing to consider
	1395	+	20 the Department's report and determine whether placement of the
	1396	+	21 child in a qualified residential treatment program provides
	1397	+	22 the most effective and appropriate level of care for the child
	1398	+	23 in the least restrictive environment and if the placement is
	1399	+	24 consistent with the short-term and long-term goals for the
	1400	+	25 child, as specified in the permanency plan for the child. The
	1401	+	26 court shall approve or disapprove the placement. If
	1402	+
	1403	+
	1404	+
	1405	+
	1406	+
	1407	+	SB1504 - 38 - LRB104 09130 KTG 19186 b
	1408	+
	1409	+
	1410	+	SB1504- 39 -LRB104 09130 KTG 19186 b SB1504 - 39 - LRB104 09130 KTG 19186 b
	1411	+	SB1504 - 39 - LRB104 09130 KTG 19186 b
	1412	+	1 applicable, the requirements of Sections 2-27.1 and 2-27.2
	1413	+	2 must also be met. The Department's written report and the
	1414	+	3 court's written determination shall be included in and made
	1415	+	4 part of the case plan for the child. If the child remains
	1416	+	5 placed in a qualified residential treatment program, the
	1417	+	6 Department shall submit evidence at each status and permanency
	1418	+	7 hearing:
	1419	+	8 (1) demonstrating that on-going assessment of the
	1420	+	9 strengths and needs of the child continues to support the
	1421	+	10 determination that the child's needs cannot be met through
	1422	+	11 placement in a foster family home, that the placement
	1423	+	12 provides the most effective and appropriate level of care
	1424	+	13 for the child in the least restrictive, appropriate
	1425	+	14 environment, and that the placement is consistent with the
	1426	+	15 short-term and long-term permanency goal for the child, as
	1427	+	16 specified in the permanency plan for the child;
	1428	+	17 (2) documenting the specific treatment or service
	1429	+	18 needs that should be met for the child in the placement and
	1430	+	19 the length of time the child is expected to need the
	1431	+	20 treatment or services; and
	1432	+	21 (3) the efforts made by the agency to prepare the
	1433	+	22 child to return home or to be placed with a fit and willing
	1434	+	23 relative, a legal guardian, or an adoptive parent, or in a
	1435	+	24 foster family home.
	1436	+	25 (2) The first permanency hearing shall be conducted by the
	1437	+	26 judge. Subsequent permanency hearings may be heard by a judge
	1438	+
	1439	+
	1440	+
	1441	+
	1442	+
	1443	+	SB1504 - 39 - LRB104 09130 KTG 19186 b
	1444	+
	1445	+
	1446	+	SB1504- 40 -LRB104 09130 KTG 19186 b SB1504 - 40 - LRB104 09130 KTG 19186 b
	1447	+	SB1504 - 40 - LRB104 09130 KTG 19186 b
	1448	+	1 or by hearing officers appointed or approved by the court in
	1449	+	2 the manner set forth in Section 2-28.1 of this Act. The initial
	1450	+	3 hearing shall be held (a) within 12 months from the date
	1451	+	4 temporary custody was taken, regardless of whether an
	1452	+	5 adjudication or dispositional hearing has been completed
	1453	+	6 within that time frame, (b) if the parental rights of both
	1454	+	7 parents have been terminated in accordance with the procedure
	1455	+	8 described in subsection (5) of Section 2-21, within 30 days of
	1456	+	9 the order for termination of parental rights and appointment
	1457	+	10 of a guardian with power to consent to adoption, or (c) in
	1458	+	11 accordance with subsection (2) of Section 2-13.1. Subsequent
	1459	+	12 permanency hearings shall be held every 6 months or more
	1460	+	13 frequently if necessary in the court's determination following
	1461	+	14 the initial permanency hearing, in accordance with the
	1462	+	15 standards set forth in this Section, until the court
	1463	+	16 determines that the plan and goal have been achieved. Once the
	1464	+	17 plan and goal have been achieved, if the minor remains in
	1465	+	18 substitute care, the case shall be reviewed at least every 6
	1466	+	19 months thereafter, subject to the provisions of this Section,
	1467	+	20 unless the minor is placed in the guardianship of a suitable
	1468	+	21 relative or other person and the court determines that further
	1469	+	22 monitoring by the court does not further the health, safety,
	1470	+	23 or best interest of the child and that this is a stable
	1471	+	24 permanent placement. The permanency hearings must occur within
	1472	+	25 the time frames set forth in this subsection and may not be
	1473	+	26 delayed in anticipation of a report from any source or due to
	1474	+
	1475	+
	1476	+
	1477	+
	1478	+
	1479	+	SB1504 - 40 - LRB104 09130 KTG 19186 b
	1480	+
	1481	+
	1482	+	SB1504- 41 -LRB104 09130 KTG 19186 b SB1504 - 41 - LRB104 09130 KTG 19186 b
	1483	+	SB1504 - 41 - LRB104 09130 KTG 19186 b
	1484	+	1 the agency's failure to timely file its written report (this
	1485	+	2 written report means the one required under the next paragraph
	1486	+	3 and does not mean the service plan also referred to in that
	1487	+	4 paragraph).
	1488	+	5 The public agency that is the custodian or guardian of the
	1489	+	6 minor, or another agency responsible for the minor's care,
	1490	+	7 shall ensure that all parties to the permanency hearings are
	1491	+	8 provided a copy of the most recent service plan prepared
	1492	+	9 within the prior 6 months at least 14 days in advance of the
	1493	+	10 hearing. If not contained in the agency's service plan, the
	1494	+	11 agency shall also include a report setting forth (i) any
	1495	+	12 special physical, psychological, educational, medical,
	1496	+	13 emotional, or other needs of the minor or the minor's family
	1497	+	14 that are relevant to a permanency or placement determination
	1498	+	15 and (ii) for any minor age 16 or over, a written description of
	1499	+	16 the programs and services that will enable the minor to
	1500	+	17 prepare for independent living. If not contained in the
	1501	+	18 agency's service plan, the agency's report shall specify if a
	1502	+	19 minor is placed in a licensed child care facility under a
	1503	+	20 corrective plan by the Department due to concerns impacting
	1504	+	21 the minor's safety and well-being. The report shall explain
	1505	+	22 the steps the Department is taking to ensure the safety and
	1506	+	23 well-being of the minor and that the minor's needs are met in
	1507	+	24 the facility. The agency's written report must detail what
	1508	+	25 progress or lack of progress the parent has made in correcting
	1509	+	26 the conditions requiring the child to be in care; whether the
	1510	+
	1511	+
	1512	+
	1513	+
	1514	+
	1515	+	SB1504 - 41 - LRB104 09130 KTG 19186 b
	1516	+
	1517	+
	1518	+	SB1504- 42 -LRB104 09130 KTG 19186 b SB1504 - 42 - LRB104 09130 KTG 19186 b
	1519	+	SB1504 - 42 - LRB104 09130 KTG 19186 b
	1520	+	1 child can be returned home without jeopardizing the child's
	1521	+	2 health, safety, and welfare, and, if not, what permanency goal
	1522	+	3 is recommended to be in the best interests of the child, and
	1523	+	4 why the other permanency goals are not appropriate. The
	1524	+	5 caseworker must appear and testify at the permanency hearing.
	1525	+	6 If a permanency hearing has not previously been scheduled by
	1526	+	7 the court, the moving party shall move for the setting of a
	1527	+	8 permanency hearing and the entry of an order within the time
	1528	+	9 frames set forth in this subsection.
	1529	+	10 At the permanency hearing, the court shall determine the
	1530	+	11 future status of the child. The court shall set one of the
	1531	+	12 following permanency goals:
	1532	+	13 (A) The minor will be returned home by a specific date
	1533	+	14 within 5 months.
	1534	+	15 (B) The minor will be in short-term care with a
	1535	+	16 continued goal to return home within a period not to
	1536	+	17 exceed one year, where the progress of the parent or
	1537	+	18 parents is substantial giving particular consideration to
	1538	+	19 the age and individual needs of the minor.
	1539	+	20 (B-1) The minor will be in short-term care with a
	1540	+	21 continued goal to return home pending a status hearing.
	1541	+	22 When the court finds that a parent has not made reasonable
	1542	+	23 efforts or reasonable progress to date, the court shall
	1543	+	24 identify what actions the parent and the Department must
	1544	+	25 take in order to justify a finding of reasonable efforts
	1545	+	26 or reasonable progress and shall set a status hearing to
	1546	+
	1547	+
	1548	+
	1549	+
	1550	+
	1551	+	SB1504 - 42 - LRB104 09130 KTG 19186 b
	1552	+
	1553	+
	1554	+	SB1504- 43 -LRB104 09130 KTG 19186 b SB1504 - 43 - LRB104 09130 KTG 19186 b
	1555	+	SB1504 - 43 - LRB104 09130 KTG 19186 b
	1556	+	1 be held not earlier than 9 months from the date of
	1557	+	2 adjudication nor later than 11 months from the date of
	1558	+	3 adjudication during which the parent's progress will again
	1559	+	4 be reviewed.
	1560	+	5 (C) The minor will be in substitute care pending court
	1561	+	6 determination on termination of parental rights.
	1562	+	7 (D) Adoption, provided that parental rights have been
	1563	+	8 terminated or relinquished.
	1564	+	9 (E) The guardianship of the minor will be transferred
	1565	+	10 to an individual or couple on a permanent basis provided
	1566	+	11 that goals (A) through (D) have been deemed inappropriate
	1567	+	12 and not in the child's best interests. The court shall
	1568	+	13 confirm that the Department has discussed adoption, if
	1569	+	14 appropriate, and guardianship with the caregiver prior to
	1570	+	15 changing a goal to guardianship.
	1571	+	16 (F) The minor over age 15 will be in substitute care
	1572	+	17 pending independence. In selecting this permanency goal,
	1573	+	18 the Department of Children and Family Services may provide
	1574	+	19 services to enable reunification and to strengthen the
	1575	+	20 minor's connections with family, fictive kin, and other
	1576	+	21 responsible adults, provided the services are in the
	1577	+	22 minor's best interest. The services shall be documented in
	1578	+	23 the service plan.
	1579	+	24 (G) The minor will be in substitute care because the
	1580	+	25 minor cannot be provided for in a home environment due to
	1581	+	26 developmental disabilities or mental illness or because
	1582	+
	1583	+
	1584	+
	1585	+
	1586	+
	1587	+	SB1504 - 43 - LRB104 09130 KTG 19186 b
	1588	+
	1589	+
	1590	+	SB1504- 44 -LRB104 09130 KTG 19186 b SB1504 - 44 - LRB104 09130 KTG 19186 b
	1591	+	SB1504 - 44 - LRB104 09130 KTG 19186 b
	1592	+	1 the minor is a danger to self or others, provided that
	1593	+	2 goals (A) through (D) have been deemed inappropriate and
	1594	+	3 not in the child's best interests.
	1595	+	4 In selecting any permanency goal, the court shall indicate
	1596	+	5 in writing the reasons the goal was selected and why the
	1597	+	6 preceding goals were deemed inappropriate and not in the
	1598	+	7 child's best interest. Where the court has selected a
	1599	+	8 permanency goal other than (A), (B), or (B-1), the Department
	1600	+	9 of Children and Family Services shall not provide further
	1601	+	10 reunification services, except as provided in paragraph (F) of
	1602	+	11 this subsection (2), but shall provide services consistent
	1603	+	12 with the goal selected.
	1604	+	13 (H) Notwithstanding any other provision in this
	1605	+	14 Section, the court may select the goal of continuing
	1606	+	15 foster care as a permanency goal if:
	1607	+	16 (1) The Department of Children and Family Services
	1608	+	17 has custody and guardianship of the minor;
	1609	+	18 (2) The court has deemed all other permanency
	1610	+	19 goals inappropriate based on the child's best
	1611	+	20 interest;
	1612	+	21 (3) The court has found compelling reasons, based
	1613	+	22 on written documentation reviewed by the court, to
	1614	+	23 place the minor in continuing foster care. Compelling
	1615	+	24 reasons include:
	1616	+	25 (a) the child does not wish to be adopted or to
	1617	+	26 be placed in the guardianship of the minor's
	1618	+
	1619	+
	1620	+
	1621	+
	1622	+
	1623	+	SB1504 - 44 - LRB104 09130 KTG 19186 b
	1624	+
	1625	+
	1626	+	SB1504- 45 -LRB104 09130 KTG 19186 b SB1504 - 45 - LRB104 09130 KTG 19186 b
	1627	+	SB1504 - 45 - LRB104 09130 KTG 19186 b
	1628	+	1 relative or foster care placement;
	1629	+	2 (b) the child exhibits an extreme level of
	1630	+	3 need such that the removal of the child from the
	1631	+	4 minor's placement would be detrimental to the
	1632	+	5 child; or
	1633	+	6 (c) the child who is the subject of the
	1634	+	7 permanency hearing has existing close and strong
	1635	+	8 bonds with a sibling, and achievement of another
	1636	+	9 permanency goal would substantially interfere with
	1637	+	10 the subject child's sibling relationship, taking
	1638	+	11 into consideration the nature and extent of the
	1639	+	12 relationship, and whether ongoing contact is in
	1640	+	13 the subject child's best interest, including
	1641	+	14 long-term emotional interest, as compared with the
	1642	+	15 legal and emotional benefit of permanence;
	1643	+	16 (4) The child has lived with the relative or
	1644	+	17 foster parent for at least one year; and
	1645	+	18 (5) The relative or foster parent currently caring
	1646	+	19 for the child is willing and capable of providing the
	1647	+	20 child with a stable and permanent environment.
	1648	+	21 The court shall set a permanency goal that is in the best
	1649	+	22 interest of the child. In determining that goal, the court
	1650	+	23 shall consult with the minor in an age-appropriate manner
	1651	+	24 regarding the proposed permanency or transition plan for the
	1652	+	25 minor. The court's determination shall include the following
	1653	+	26 factors:
	1654	+
	1655	+
	1656	+
	1657	+
	1658	+
	1659	+	SB1504 - 45 - LRB104 09130 KTG 19186 b
	1660	+
	1661	+
	1662	+	SB1504- 46 -LRB104 09130 KTG 19186 b SB1504 - 46 - LRB104 09130 KTG 19186 b
	1663	+	SB1504 - 46 - LRB104 09130 KTG 19186 b
	1664	+	1 (1) Age of the child.
	1665	+	2 (2) Options available for permanence, including both
3164	1666		3 out-of-state and in-state placement options.
3165		-	4 (C) Current placement of the child and the intent of
3166		-	5 the family regarding ~~subsidized guardianship and~~ adoption.
3167		-	6 (D) Emotional, physical, and mental status or
	1667	+	4 (3) Current placement of the child and the intent of
	1668	+	5 the family regarding adoption.
	1669	+	6 (4) Emotional, physical, and mental status or
3168	1670		7 condition of the child.
3169		-	8 (E) Types of services previously offered and whether
	1671	+	8 (5) Types of services previously offered and whether
3170	1672		9 or not the services were successful and, if not
3171	1673		10 successful, the reasons the services failed.
3172		-	11 (F) Availability of services currently needed and
	1674	+	11 (6) Availability of services currently needed and
3173	1675		12 whether the services exist.
3174		-	13 (G) Status of siblings of the minor.
3175		-	14 (H) If the minor is not currently in a placement
3176		-	15 likely to achieve permanency, whether there is an
3177		-	16 identified and willing potential permanent caregiver for
3178		-	17 the minor, and if so, that potential permanent caregiver's
3179		-	18 intent regarding guardianship and adoption.
3180		-	19 The court shall consider (i) the permanency goal contained
3181		-	20 in the service plan, (ii) the appropriateness of the services
3182		-	21 contained in the plan and whether those services have been
3183		-	22 provided, (iii) whether reasonable efforts have been made by
3184		-	23 all the parties to the service plan to achieve the goal, and
3185		-	24 (iv) whether the plan and goal have been achieved. All
3186		-	25 evidence relevant to determining these questions, including
3187		-	26 oral and written reports, may be admitted and may be relied on
3188		-
3189		-
3190		-
3191		-
3192		-
3193		-	SB1504 Engrossed - 89 - LRB104 09130 KTG 19186 b
3194		-
3195		-
3196		-	SB1504 Engrossed- 90 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 90 - LRB104 09130 KTG 19186 b
3197		-	SB1504 Engrossed - 90 - LRB104 09130 KTG 19186 b
3198		-	1 to the extent of their probative value.
3199		-	2 The court shall make findings as to whether, in violation
3200		-	3 of Section 8.2 of the Abused and Neglected Child Reporting
3201		-	4 Act, any portion of the service plan compels a child or parent
3202		-	5 to engage in any activity or refrain from any activity that is
3203		-	6 not reasonably related to remedying a condition or conditions
3204		-	7 that gave rise or which could give rise to any finding of child
3205		-	8 abuse or neglect. The services contained in the service plan
3206		-	9 shall include services reasonably related to remedy the
3207		-	10 conditions that gave rise to removal of the child from the home
3208		-	11 of the child's parents, guardian, or legal custodian or that
3209		-	12 the court has found must be remedied prior to returning the
3210		-	13 child home. Any tasks the court requires of the parents,
3211		-	14 guardian, or legal custodian or child prior to returning the
3212		-	15 child home must be reasonably related to remedying a condition
3213		-	16 or conditions that gave rise to or which could give rise to any
3214		-	17 finding of child abuse or neglect.
3215		-	18 If the permanency goal is to return home, the court shall
3216		-	19 make findings that identify any problems that are causing
3217		-	20 continued placement of the children away from the home and
3218		-	21 identify what outcomes would be considered a resolution to
3219		-	22 these problems. The court shall explain to the parents that
3220		-	23 these findings are based on the information that the court has
3221		-	24 at that time and may be revised, should additional evidence be
3222		-	25 presented to the court.
3223		-	26 The court shall review the Sibling Contact Support Plan
3224		-
3225		-
3226		-
3227		-
3228		-
3229		-	SB1504 Engrossed - 90 - LRB104 09130 KTG 19186 b
3230		-
3231		-
3232		-	SB1504 Engrossed- 91 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 91 - LRB104 09130 KTG 19186 b
3233		-	SB1504 Engrossed - 91 - LRB104 09130 KTG 19186 b
3234		-	1 developed or modified under subsection (f) of Section 7.4 of
3235		-	2 the Children and Family Services Act, if applicable. If the
3236		-	3 Department has not convened a meeting to develop or modify a
3237		-	4 Sibling Contact Support Plan, or if the court finds that the
3238		-	5 existing Plan is not in the child's best interest, the court
3239		-	6 may enter an order requiring the Department to develop,
3240		-	7 modify, or implement a Sibling Contact Support Plan, or order
3241		-	8 mediation.
3242		-	9 The court shall review the Department's efforts to provide
3243		-	10 the minor with age and developmentally appropriate life
3244		-	11 skills. If the court finds the Department's efforts are not in
3245		-	12 the minor's best interest, the court may enter an order
3246		-	13 requiring the Department to develop, modify, or implement the
3247		-	14 service plan to develop the minor's life skills in an age and
3248		-	15 developmentally appropriate manner.
3249		-	16 Beginning July 1, 2025, the court shall review the Ongoing
3250		-	17 Family Finding and Relative Engagement Plan required under
3251		-	18 Section 2-27.3. If the court finds that the plan is not in the
3252		-	19 minor's best interest, the court shall enter specific factual
3253		-	20 findings and order the Department to modify the plan
3254		-	21 consistent with the court's findings.
3255		-	22 If the goal has been achieved, the court shall enter
3256		-	23 orders that are necessary to conform the minor's legal custody
3257		-	24 and status to those findings.
3258		-	25 If, after receiving evidence, the court determines that
3259		-	26 the services contained in the plan are not reasonably
3260		-
3261		-
3262		-
3263		-
3264		-
3265		-	SB1504 Engrossed - 91 - LRB104 09130 KTG 19186 b
3266		-
3267		-
3268		-	SB1504 Engrossed- 92 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 92 - LRB104 09130 KTG 19186 b
3269		-	SB1504 Engrossed - 92 - LRB104 09130 KTG 19186 b
3270		-	1 calculated to facilitate achievement of the permanency goal,
3271		-	2 the court shall put in writing the factual basis supporting
3272		-	3 the determination and enter specific findings based on the
3273		-	4 evidence. The court also shall enter an order for the
3274		-	5 Department to develop and implement a new service plan or to
3275		-	6 implement changes to the current service plan consistent with
3276		-	7 the court's findings. The new service plan shall be filed with
3277		-	8 the court and served on all parties within 45 days of the date
3278		-	9 of the order. The court shall continue the matter until the new
3279		-	10 service plan is filed. Except as authorized by subsection
3280		-	11 (2.5) of this Section and as otherwise specifically authorized
3281		-	12 by law, the court is not empowered under this Section to order
3282		-	13 specific placements, specific services, or specific service
3283		-	14 providers to be included in the service plan.
3284		-	15 A guardian or custodian appointed by the court pursuant to
3285		-	16 this Act shall file updated case plans with the court every 6
3286		-	17 months.
3287		-	18 Rights of wards of the court under this Act are
3288		-	19 enforceable against any public agency by complaints for relief
3289		-	20 by mandamus filed in any proceedings brought under this Act.
3290		-	21 (2.5) If, after reviewing the evidence, including evidence
3291		-	22 from the Department, the court determines that the minor's
3292		-	23 current or planned placement is not necessary or appropriate
3293		-	24 to facilitate achievement of the permanency goal, the court
3294		-	25 shall put in writing the factual basis supporting its
3295		-	26 determination and enter specific findings based on the
3296		-
3297		-
3298		-
3299		-
3300		-
3301		-	SB1504 Engrossed - 92 - LRB104 09130 KTG 19186 b
3302		-
3303		-
3304		-	SB1504 Engrossed- 93 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 93 - LRB104 09130 KTG 19186 b
3305		-	SB1504 Engrossed - 93 - LRB104 09130 KTG 19186 b
3306		-	1 evidence. If the court finds that the minor's current or
3307		-	2 planned placement is not necessary or appropriate, the court
3308		-	3 may enter an order directing the Department to implement a
3309		-	4 recommendation by the minor's treating clinician or a
3310		-	5 clinician contracted by the Department to evaluate the minor
3311		-	6 or a recommendation made by the Department. If the Department
3312		-	7 places a minor in a placement under an order entered under this
3313		-	8 subsection (2.5), the Department has the authority to remove
3314		-	9 the minor from that placement when a change in circumstances
3315		-	10 necessitates the removal to protect the minor's health,
3316		-	11 safety, and best interest. If the Department determines
3317		-	12 removal is necessary, the Department shall notify the parties
3318		-	13 of the planned placement change in writing no later than 10
3319		-	14 days prior to the implementation of its determination unless
3320		-	15 remaining in the placement poses an imminent risk of harm to
3321		-	16 the minor, in which case the Department shall notify the
3322		-	17 parties of the placement change in writing immediately
3323		-	18 following the implementation of its decision. The Department
3324		-	19 shall notify others of the decision to change the minor's
3325		-	20 placement as required by Department rule.
3326		-	21 (3) Following the permanency hearing, the court shall
3327		-	22 enter a written order that includes the determinations
3328		-	23 required under subsections (2) and (2.3) of this Section and
3329		-	24 sets forth the following:
3330		-	25 (a) The future status of the minor, including the
3331		-	26 permanency goal, and any order necessary to conform the
3332		-
3333		-
3334		-
3335		-
3336		-
3337		-	SB1504 Engrossed - 93 - LRB104 09130 KTG 19186 b
3338		-
3339		-
3340		-	SB1504 Engrossed- 94 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 94 - LRB104 09130 KTG 19186 b
3341		-	SB1504 Engrossed - 94 - LRB104 09130 KTG 19186 b
3342		-	1 minor's legal custody and status to such determination; or
3343		-	2 (b) If the permanency goal of the minor cannot be
3344		-	3 achieved immediately, the specific reasons for continuing
3345		-	4 the minor in the care of the Department of Children and
3346		-	5 Family Services or other agency for short-term placement,
3347		-	6 and the following determinations:
3348		-	7 (i) (Blank).
3349		-	8 (ii) Whether the services required by the court
3350		-	9 and by any service plan prepared within the prior 6
3351		-	10 months have been provided and (A) if so, whether the
3352		-	11 services were reasonably calculated to facilitate the
3353		-	12 achievement of the permanency goal or (B) if not
3354		-	13 provided, why the services were not provided.
3355		-	14 (iii) Whether the minor's current or planned
3356		-	15 placement is necessary, and appropriate to the plan
3357		-	16 and goal, recognizing the right of minors to the least
3358		-	17 restrictive (most family-like) setting available and
3359		-	18 in close proximity to the parents' home consistent
3360		-	19 with the health, safety, best interest, and special
3361		-	20 needs of the minor and, if the minor is placed
3362		-	21 out-of-state, whether the out-of-state placement
3363		-	22 continues to be appropriate and consistent with the
3364		-	23 health, safety, and best interest of the minor.
3365		-	24 (iv) (Blank).
3366		-	25 (v) (Blank).
3367		-	26 If the court sets a permanency goal of independence or if
3368		-
3369		-
3370		-
3371		-
3372		-
3373		-	SB1504 Engrossed - 94 - LRB104 09130 KTG 19186 b
3374		-
3375		-
3376		-	SB1504 Engrossed- 95 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 95 - LRB104 09130 KTG 19186 b
3377		-	SB1504 Engrossed - 95 - LRB104 09130 KTG 19186 b
3378		-	1 the minor is 17 years of age or older, the court shall schedule
3379		-	2 a Successful Transition to Adulthood Review hearing in
3380		-	3 accordance with Section 2-28.2.
3381		-	4 (4) The minor or any person interested in the minor may
	1676	+	13 (7) Status of siblings of the minor.
	1677	+	14 The court shall consider (i) the permanency goal contained
	1678	+	15 in the service plan, (ii) the appropriateness of the services
	1679	+	16 contained in the plan and whether those services have been
	1680	+	17 provided, (iii) whether reasonable efforts have been made by
	1681	+	18 all the parties to the service plan to achieve the goal, and
	1682	+	19 (iv) whether the plan and goal have been achieved. All
	1683	+	20 evidence relevant to determining these questions, including
	1684	+	21 oral and written reports, may be admitted and may be relied on
	1685	+	22 to the extent of their probative value.
	1686	+	23 The court shall make findings as to whether, in violation
	1687	+	24 of Section 8.2 of the Abused and Neglected Child Reporting
	1688	+	25 Act, any portion of the service plan compels a child or parent
	1689	+	26 to engage in any activity or refrain from any activity that is
	1690	+
	1691	+
	1692	+
	1693	+
	1694	+
	1695	+	SB1504 - 46 - LRB104 09130 KTG 19186 b
	1696	+
	1697	+
	1698	+	SB1504- 47 -LRB104 09130 KTG 19186 b SB1504 - 47 - LRB104 09130 KTG 19186 b
	1699	+	SB1504 - 47 - LRB104 09130 KTG 19186 b
	1700	+	1 not reasonably related to remedying a condition or conditions
	1701	+	2 that gave rise or which could give rise to any finding of child
	1702	+	3 abuse or neglect. The services contained in the service plan
	1703	+	4 shall include services reasonably related to remedy the
	1704	+	5 conditions that gave rise to removal of the child from the home
	1705	+	6 of the child's parents, guardian, or legal custodian or that
	1706	+	7 the court has found must be remedied prior to returning the
	1707	+	8 child home. Any tasks the court requires of the parents,
	1708	+	9 guardian, or legal custodian or child prior to returning the
	1709	+	10 child home must be reasonably related to remedying a condition
	1710	+	11 or conditions that gave rise to or which could give rise to any
	1711	+	12 finding of child abuse or neglect.
	1712	+	13 If the permanency goal is to return home, the court shall
	1713	+	14 make findings that identify any problems that are causing
	1714	+	15 continued placement of the children away from the home and
	1715	+	16 identify what outcomes would be considered a resolution to
	1716	+	17 these problems. The court shall explain to the parents that
	1717	+	18 these findings are based on the information that the court has
	1718	+	19 at that time and may be revised, should additional evidence be
	1719	+	20 presented to the court.
	1720	+	21 The court shall review the Sibling Contact Support Plan
	1721	+	22 developed or modified under subsection (f) of Section 7.4 of
	1722	+	23 the Children and Family Services Act, if applicable. If the
	1723	+	24 Department has not convened a meeting to develop or modify a
	1724	+	25 Sibling Contact Support Plan, or if the court finds that the
	1725	+	26 existing Plan is not in the child's best interest, the court
	1726	+
	1727	+
	1728	+
	1729	+
	1730	+
	1731	+	SB1504 - 47 - LRB104 09130 KTG 19186 b
	1732	+
	1733	+
	1734	+	SB1504- 48 -LRB104 09130 KTG 19186 b SB1504 - 48 - LRB104 09130 KTG 19186 b
	1735	+	SB1504 - 48 - LRB104 09130 KTG 19186 b
	1736	+	1 may enter an order requiring the Department to develop,
	1737	+	2 modify, or implement a Sibling Contact Support Plan, or order
	1738	+	3 mediation.
	1739	+	4 If the goal has been achieved, the court shall enter
	1740	+	5 orders that are necessary to conform the minor's legal custody
	1741	+	6 and status to those findings.
	1742	+	7 If, after receiving evidence, the court determines that
	1743	+	8 the services contained in the plan are not reasonably
	1744	+	9 calculated to facilitate achievement of the permanency goal,
	1745	+	10 the court shall put in writing the factual basis supporting
	1746	+	11 the determination and enter specific findings based on the
	1747	+	12 evidence. The court also shall enter an order for the
	1748	+	13 Department to develop and implement a new service plan or to
	1749	+	14 implement changes to the current service plan consistent with
	1750	+	15 the court's findings. The new service plan shall be filed with
	1751	+	16 the court and served on all parties within 45 days of the date
	1752	+	17 of the order. The court shall continue the matter until the new
	1753	+	18 service plan is filed. Except as authorized by subsection
	1754	+	19 (2.5) of this Section and as otherwise specifically authorized
	1755	+	20 by law, the court is not empowered under this Section to order
	1756	+	21 specific placements, specific services, or specific service
	1757	+	22 providers to be included in the service plan.
	1758	+	23 A guardian or custodian appointed by the court pursuant to
	1759	+	24 this Act shall file updated case plans with the court every 6
	1760	+	25 months.
	1761	+	26 Rights of wards of the court under this Act are
	1762	+
	1763	+
	1764	+
	1765	+
	1766	+
	1767	+	SB1504 - 48 - LRB104 09130 KTG 19186 b
	1768	+
	1769	+
	1770	+	SB1504- 49 -LRB104 09130 KTG 19186 b SB1504 - 49 - LRB104 09130 KTG 19186 b
	1771	+	SB1504 - 49 - LRB104 09130 KTG 19186 b
	1772	+	1 enforceable against any public agency by complaints for relief
	1773	+	2 by mandamus filed in any proceedings brought under this Act.
	1774	+	3 (2.5) If, after reviewing the evidence, including evidence
	1775	+	4 from the Department, the court determines that the minor's
	1776	+	5 current or planned placement is not necessary or appropriate
	1777	+	6 to facilitate achievement of the permanency goal, the court
	1778	+	7 shall put in writing the factual basis supporting its
	1779	+	8 determination and enter specific findings based on the
	1780	+	9 evidence. If the court finds that the minor's current or
	1781	+	10 planned placement is not necessary or appropriate, the court
	1782	+	11 may enter an order directing the Department to implement a
	1783	+	12 recommendation by the minor's treating clinician or a
	1784	+	13 clinician contracted by the Department to evaluate the minor
	1785	+	14 or a recommendation made by the Department. If the Department
	1786	+	15 places a minor in a placement under an order entered under this
	1787	+	16 subsection (2.5), the Department has the authority to remove
	1788	+	17 the minor from that placement when a change in circumstances
	1789	+	18 necessitates the removal to protect the minor's health,
	1790	+	19 safety, and best interest. If the Department determines
	1791	+	20 removal is necessary, the Department shall notify the parties
	1792	+	21 of the planned placement change in writing no later than 10
	1793	+	22 days prior to the implementation of its determination unless
	1794	+	23 remaining in the placement poses an imminent risk of harm to
	1795	+	24 the minor, in which case the Department shall notify the
	1796	+	25 parties of the placement change in writing immediately
	1797	+	26 following the implementation of its decision. The Department
	1798	+
	1799	+
	1800	+
	1801	+
	1802	+
	1803	+	SB1504 - 49 - LRB104 09130 KTG 19186 b
	1804	+
	1805	+
	1806	+	SB1504- 50 -LRB104 09130 KTG 19186 b SB1504 - 50 - LRB104 09130 KTG 19186 b
	1807	+	SB1504 - 50 - LRB104 09130 KTG 19186 b
	1808	+	1 shall notify others of the decision to change the minor's
	1809	+	2 placement as required by Department rule.
	1810	+	3 (3) Following the permanency hearing, the court shall
	1811	+	4 enter a written order that includes the determinations
	1812	+	5 required under subsection (2) of this Section and sets forth
	1813	+	6 the following:
	1814	+	7 (a) The future status of the minor, including the
	1815	+	8 permanency goal, and any order necessary to conform the
	1816	+	9 minor's legal custody and status to such determination; or
	1817	+	10 (b) If the permanency goal of the minor cannot be
	1818	+	11 achieved immediately, the specific reasons for continuing
	1819	+	12 the minor in the care of the Department of Children and
	1820	+	13 Family Services or other agency for short-term placement,
	1821	+	14 and the following determinations:
	1822	+	15 (i) (Blank).
	1823	+	16 (ii) Whether the services required by the court
	1824	+	17 and by any service plan prepared within the prior 6
	1825	+	18 months have been provided and (A) if so, whether the
	1826	+	19 services were reasonably calculated to facilitate the
	1827	+	20 achievement of the permanency goal or (B) if not
	1828	+	21 provided, why the services were not provided.
	1829	+	22 (iii) Whether the minor's current or planned
	1830	+	23 placement is necessary, and appropriate to the plan
	1831	+	24 and goal, recognizing the right of minors to the least
	1832	+	25 restrictive (most family-like) setting available and
	1833	+	26 in close proximity to the parents' home consistent
	1834	+
	1835	+
	1836	+
	1837	+
	1838	+
	1839	+	SB1504 - 50 - LRB104 09130 KTG 19186 b
	1840	+
	1841	+
	1842	+	SB1504- 51 -LRB104 09130 KTG 19186 b SB1504 - 51 - LRB104 09130 KTG 19186 b
	1843	+	SB1504 - 51 - LRB104 09130 KTG 19186 b
	1844	+	1 with the health, safety, best interest, and special
	1845	+	2 needs of the minor and, if the minor is placed
	1846	+	3 out-of-state, whether the out-of-state placement
	1847	+	4 continues to be appropriate and consistent with the
	1848	+	5 health, safety, and best interest of the minor.
	1849	+	6 (iv) (Blank).
	1850	+	7 (v) (Blank).
	1851	+	8 (c) If the permanency goal is independence or home
	1852	+	9 environment not appropriate and the minor is 18 years old
	1853	+	10 or older, the court shall schedule Successful Transition
	1854	+	11 to Adulthood Review hearings consistent with Section
	1855	+	12 2-28.2.
	1856	+	13 (4) The minor or any person interested in the minor may
	1857	+	14 apply to the court for a change in custody of the minor and the
	1858	+	15 appointment of a new custodian or guardian of the person or for
	1859	+	16 the restoration of the minor to the custody of the minor's
	1860	+	17 parents or former guardian or custodian.
	1861	+	18 When return home is not selected as the permanency goal:
	1862	+	19 (a) The Department, the minor, or the current foster
	1863	+	20 parent or relative caregiver seeking private guardianship
	1864	+	21 may file a motion for private guardianship of the minor.
	1865	+	22 Appointment of a guardian under this Section requires
	1866	+	23 approval of the court.
	1867	+	24 (b) The State's Attorney may file a motion to
	1868	+	25 terminate parental rights of any parent who has failed to
	1869	+	26 make reasonable efforts to correct the conditions which
	1870	+
	1871	+
	1872	+
	1873	+
	1874	+
	1875	+	SB1504 - 51 - LRB104 09130 KTG 19186 b
	1876	+
	1877	+
	1878	+	SB1504- 52 -LRB104 09130 KTG 19186 b SB1504 - 52 - LRB104 09130 KTG 19186 b
	1879	+	SB1504 - 52 - LRB104 09130 KTG 19186 b
	1880	+	1 led to the removal of the child or reasonable progress
	1881	+	2 toward the return of the child, as defined in subdivision
	1882	+	3 (D)(m) of Section 1 of the Adoption Act or for whom any
	1883	+	4 other unfitness ground for terminating parental rights as
	1884	+	5 defined in subdivision (D) of Section 1 of the Adoption
	1885	+	6 Act exists.
	1886	+	7 When parental rights have been terminated for a
	1887	+	8 minimum of 3 years and the child who is the subject of the
	1888	+	9 permanency hearing is 13 years old or older and is not
	1889	+	10 currently placed in a placement likely to achieve
	1890	+	11 permanency, the Department of Children and Family Services
	1891	+	12 shall make reasonable efforts to locate parents whose
	1892	+	13 rights have been terminated, except when the Court
	1893	+	14 determines that those efforts would be futile or
	1894	+	15 inconsistent with the subject child's best interests. The
	1895	+	16 Department of Children and Family Services shall assess
	1896	+	17 the appropriateness of the parent whose rights have been
	1897	+	18 terminated, and shall, as appropriate, foster and support
	1898	+	19 connections between the parent whose rights have been
	1899	+	20 terminated and the youth. The Department of Children and
	1900	+	21 Family Services shall document its determinations and
	1901	+	22 efforts to foster connections in the child's case plan.
	1902	+	23 Custody of the minor shall not be restored to any parent,
	1903	+	24 guardian, or legal custodian in any case in which the minor is
	1904	+	25 found to be neglected or abused under Section 2-3 or dependent
	1905	+	26 under Section 2-4 of this Act, unless the minor can be cared
	1906	+
	1907	+
	1908	+
	1909	+
	1910	+
	1911	+	SB1504 - 52 - LRB104 09130 KTG 19186 b
	1912	+
	1913	+
	1914	+	SB1504- 53 -LRB104 09130 KTG 19186 b SB1504 - 53 - LRB104 09130 KTG 19186 b
	1915	+	SB1504 - 53 - LRB104 09130 KTG 19186 b
	1916	+	1 for at home without endangering the minor's health or safety
	1917	+	2 and it is in the best interest of the minor, and if such
	1918	+	3 neglect, abuse, or dependency is found by the court under
	1919	+	4 paragraph (1) of Section 2-21 of this Act to have come about
	1920	+	5 due to the acts or omissions or both of such parent, guardian,
	1921	+	6 or legal custodian, until such time as an investigation is
	1922	+	7 made as provided in paragraph (5) and a hearing is held on the
	1923	+	8 issue of the health, safety, and best interest of the minor and
	1924	+	9 the fitness of such parent, guardian, or legal custodian to
	1925	+	10 care for the minor and the court enters an order that such
	1926	+	11 parent, guardian, or legal custodian is fit to care for the
	1927	+	12 minor. If a motion is filed to modify or vacate a private
	1928	+	13 guardianship order and return the child to a parent, guardian,
	1929	+	14 or legal custodian, the court may order the Department of
	1930	+	15 Children and Family Services to assess the minor's current and
	1931	+	16 proposed living arrangements and to provide ongoing monitoring
	1932	+	17 of the health, safety, and best interest of the minor during
	1933	+	18 the pendency of the motion to assist the court in making that
	1934	+	19 determination. In the event that the minor has attained 18
	1935	+	20 years of age and the guardian or custodian petitions the court
	1936	+	21 for an order terminating the minor's guardianship or custody,
	1937	+	22 guardianship or custody shall terminate automatically 30 days
	1938	+	23 after the receipt of the petition unless the court orders
	1939	+	24 otherwise. No legal custodian or guardian of the person may be
	1940	+	25 removed without the legal custodian's or guardian's consent
	1941	+	26 until given notice and an opportunity to be heard by the court.
	1942	+
	1943	+
	1944	+
	1945	+
	1946	+
	1947	+	SB1504 - 53 - LRB104 09130 KTG 19186 b
	1948	+
	1949	+
	1950	+	SB1504- 54 -LRB104 09130 KTG 19186 b SB1504 - 54 - LRB104 09130 KTG 19186 b
	1951	+	SB1504 - 54 - LRB104 09130 KTG 19186 b
	1952	+	1 When the court orders a child restored to the custody of
	1953	+	2 the parent or parents, the court shall order the parent or
	1954	+	3 parents to cooperate with the Department of Children and
	1955	+	4 Family Services and comply with the terms of an after-care
	1956	+	5 plan, or risk the loss of custody of the child and possible
	1957	+	6 termination of their parental rights. The court may also enter
	1958	+	7 an order of protective supervision in accordance with Section
	1959	+	8 2-24.
	1960	+	9 If the minor is being restored to the custody of a parent,
	1961	+	10 legal custodian, or guardian who lives outside of Illinois,
	1962	+	11 and an Interstate Compact has been requested and refused, the
	1963	+	12 court may order the Department of Children and Family Services
	1964	+	13 to arrange for an assessment of the minor's proposed living
	1965	+	14 arrangement and for ongoing monitoring of the health, safety,
	1966	+	15 and best interest of the minor and compliance with any order of
	1967	+	16 protective supervision entered in accordance with Section
	1968	+	17 2-24.
	1969	+	18 (5) Whenever a parent, guardian, or legal custodian files
	1970	+	19 a motion for restoration of custody of the minor, and the minor
	1971	+	20 was adjudicated neglected, abused, or dependent as a result of
	1972	+	21 physical abuse, the court shall cause to be made an
	1973	+	22 investigation as to whether the movant has ever been charged
	1974	+	23 with or convicted of any criminal offense which would indicate
	1975	+	24 the likelihood of any further physical abuse to the minor.
	1976	+	25 Evidence of such criminal convictions shall be taken into
	1977	+	26 account in determining whether the minor can be cared for at
	1978	+
	1979	+
	1980	+
	1981	+
	1982	+
	1983	+	SB1504 - 54 - LRB104 09130 KTG 19186 b
	1984	+
	1985	+
	1986	+	SB1504- 55 -LRB104 09130 KTG 19186 b SB1504 - 55 - LRB104 09130 KTG 19186 b
	1987	+	SB1504 - 55 - LRB104 09130 KTG 19186 b
	1988	+	1 home without endangering the minor's health or safety and
	1989	+	2 fitness of the parent, guardian, or legal custodian.
	1990	+	3 (a) Any agency of this State or any subdivision
	1991	+	4 thereof shall cooperate with the agent of the court in
	1992	+	5 providing any information sought in the investigation.
	1993	+	6 (b) The information derived from the investigation and
	1994	+	7 any conclusions or recommendations derived from the
	1995	+	8 information shall be provided to the parent, guardian, or
	1996	+	9 legal custodian seeking restoration of custody prior to
	1997	+	10 the hearing on fitness and the movant shall have an
	1998	+	11 opportunity at the hearing to refute the information or
	1999	+	12 contest its significance.
	2000	+	13 (c) All information obtained from any investigation
	2001	+	14 shall be confidential as provided in Section 5-150 of this
	2002	+	15 Act.
	2003	+	16 (Source: P.A. 102-193, eff. 7-30-21; 102-489, eff. 8-20-21;
	2004	+	17 102-813, eff. 5-13-22; 103-22, eff. 8-8-23; 103-154, eff.
	2005	+	18 6-30-23; 103-171, eff. 1-1-24; 103-605, eff. 7-1-24.)
	2006	+	19 (705 ILCS 405/2-28.2 new)
	2007	+	20 Sec. 2-28.2. Successful Transition to Adulthood Review
	2008	+	21 hearings.
	2009	+	22 (a) The court shall conduct Successful Transition to
	2010	+	23 Adulthood Review hearings for minors who are 18 years old and
	2011	+	24 older for whom the court has entered a goal of independence or
	2012	+	25 home environment not appropriate in accordance with Section
	2013	+
	2014	+
	2015	+
	2016	+
	2017	+
	2018	+	SB1504 - 55 - LRB104 09130 KTG 19186 b
	2019	+
	2020	+
	2021	+	SB1504- 56 -LRB104 09130 KTG 19186 b SB1504 - 56 - LRB104 09130 KTG 19186 b
	2022	+	SB1504 - 56 - LRB104 09130 KTG 19186 b
	2023	+	1 2-28. At a minimum, the court shall conduct such hearings
	2024	+	2 within 6 months of the minor's 18th, 19th, and 20th birthdays.
	2025	+	3 The court may schedule additional review hearings as necessary
	2026	+	4 and in the minor's best interest. Hearings conducted under
	2027	+	5 this Section may be conducted contemporaneously with the
	2028	+	6 minor's permanency hearing under Section 2-28.
	2029	+	7 (b) Fourteen days in advance of the hearing, the
	2030	+	8 Department shall provide the court with a written report that
	2031	+	9 includes the following information:
	2032	+	10 (1) a copy of the Countdown to 21 plan developed for
	2033	+	11 the minor and the youth-driven transition plan or the ILO
	2034	+	12 TLP Quarterly Discharge Launch Plan;
	2035	+	13 (2) a description of the documents necessary for adult
	2036	+	14 living as provided in Section 35.10 of the Children and
	2037	+	15 Family Services Act that the minor has, the documents the
	2038	+	16 minor continues to need, and the Department's plan to
	2039	+	17 ensure the minor has such documents prior to case closure;
	2040	+	18 (3) a description of the Department's efforts to
	2041	+	19 assist the youth in developing and maintaining connections
	2042	+	20 with supportive adults; and
	2043	+	21 (4) for youth who are likely to need an adult
	2044	+	22 guardian, a description of the Department's efforts to
	2045	+	23 obtain any necessary assessments.
	2046	+	24 (c) At the review hearing the court shall:
	2047	+	25 (1) review the Department's efforts to assist the
	2048	+	26 minor in developing and implementing a youth-driven plan
	2049	+
	2050	+
	2051	+
	2052	+
	2053	+
	2054	+	SB1504 - 56 - LRB104 09130 KTG 19186 b
	2055	+
	2056	+
	2057	+	SB1504- 57 -LRB104 09130 KTG 19186 b SB1504 - 57 - LRB104 09130 KTG 19186 b
	2058	+	SB1504 - 57 - LRB104 09130 KTG 19186 b
	2059	+	1 to transition out of the Department's care;
	2060	+	2 (2) review the plan developed by the Department and
	2061	+	3 the minor to ensure that it is reasonably likely to ensure
	2062	+	4 the minor can live independent of supports from the
	2063	+	5 Department;
	2064	+	6 (3) review the Department's efforts to assist the
	2065	+	7 minor in accomplishing the plan;
	2066	+	8 (4) review the Department's efforts to ensure the
	2067	+	9 minor has documents necessary for adult living, as defined
	2068	+	10 in Section 35.10 of the Children and Family Services Act,
	2069	+	11 prior to case closure;
	2070	+	12 (5) review the Department's efforts to ensure that the
	2071	+	13 minor is aware of available supports and services
	2072	+	14 post-case closure and how to access such supports and
	2073	+	15 services, if applicable; and
	2074	+	16 (6) review the Department's efforts to obtain any
	2075	+	17 needed assessments required for minors likely to need an
	2076	+	18 adult guardian.
	2077	+	19 (d) If the court finds that the Department's plan for the
	2078	+	20 youth is not in the minor's best interest or will not be
	2079	+	21 reasonably likely to result in a successful transition to
	2080	+	22 independence from the Department, the court shall make
	2081	+	23 specific factual findings supporting its findings and order
	2082	+	24 the Department to develop a new plan with the minor consistent
	2083	+	25 with the court's findings. If the court finds that the
	2084	+	26 Department has failed to make reasonable efforts to assist the
	2085	+
	2086	+
	2087	+
	2088	+
	2089	+
	2090	+	SB1504 - 57 - LRB104 09130 KTG 19186 b
	2091	+
	2092	+
	2093	+	SB1504- 58 -LRB104 09130 KTG 19186 b SB1504 - 58 - LRB104 09130 KTG 19186 b
	2094	+	SB1504 - 58 - LRB104 09130 KTG 19186 b
	2095	+	1 minor in developing a plan, assist the minor in accomplishing
	2096	+	2 the plan, ensure the minor has documents necessary for adult
	2097	+	3 living as defined in Section 35.10 of the Children and Family
	2098	+	4 Services Act, ensure the minor is aware of available supports
	2099	+	5 and services post-case closure and how to access such supports
	2100	+	6 and services, or obtain any necessary assessments for minors
	2101	+	7 that will likely need an adult guardian, then the court shall
	2102	+	8 make specific factual findings and may enter such orders it
	2103	+	9 deems necessary to ensure that the minor is prepared to
	2104	+	10 achieve the goal of independence when the minor turns 21 years
	2105	+	11 old.
	2106	+	12 (705 ILCS 405/2-33)
	2107	+	13 Sec. 2-33. Supplemental petition to reinstate wardship.
	2108	+	14 (1) Any time prior to a minor's 18th birthday, pursuant to
	2109	+	15 a supplemental petition filed under this Section, the court
	2110	+	16 may reinstate wardship and open a previously closed case when:
	2111	+	17 (a) wardship and guardianship under the Juvenile Court
	2112	+	18 Act of 1987 was vacated in conjunction with the
	2113	+	19 appointment of a private guardian under the Probate Act of
	2114	+	20 1975;
	2115	+	21 (b) the minor is not presently a ward of the court
	2116	+	22 under Article II of this Act nor is there a petition for
	2117	+	23 adjudication of wardship pending on behalf of the minor;
	2118	+	24 and
	2119	+	25 (c) it is in the minor's best interest that wardship
	2120	+
	2121	+
	2122	+
	2123	+
	2124	+
	2125	+	SB1504 - 58 - LRB104 09130 KTG 19186 b
	2126	+
	2127	+
	2128	+	SB1504- 59 -LRB104 09130 KTG 19186 b SB1504 - 59 - LRB104 09130 KTG 19186 b
	2129	+	SB1504 - 59 - LRB104 09130 KTG 19186 b
	2130	+	1 be reinstated.
	2131	+	2 (2) Any time prior to a minor's 21st birthday, pursuant to
	2132	+	3 a supplemental petition filed under this Section, the court
	2133	+	4 may reinstate wardship and open a previously closed case when:
	2134	+	5 (a) wardship and guardianship under this Act was
	2135	+	6 vacated pursuant to:
	2136	+	7 (i) an order entered under subsection (2) of
	2137	+	8 Section 2-31 in the case of a minor over the age of 18;
	2138	+	9 (ii) closure of a case under subsection (2) of
	2139	+	10 Section 2-31 in the case of a minor under the age of 18
	2140	+	11 who has been partially or completely emancipated in
	2141	+	12 accordance with the Emancipation of Minors Act; or
	2142	+	13 (iii) an order entered under subsection (3) of
	2143	+	14 Section 2-31 based on the minor's attaining the age of
	2144	+	15 19 years before the effective date of this amendatory
	2145	+	16 Act of the 101st General Assembly;
	2146	+	17 (b) the minor is not presently a ward of the court
	2147	+	18 under Article II of this Act nor is there a petition for
	2148	+	19 adjudication of wardship pending on behalf of the minor;
	2149	+	20 and
	2150	+	21 (c) it is in the minor's best interest that wardship
	2151	+	22 be reinstated.
	2152	+	23 (3) The supplemental petition must be filed in the same
	2153	+	24 proceeding in which the original adjudication order was
	2154	+	25 entered. Unless excused by court for good cause shown, the
	2155	+	26 petitioner shall give notice of the time and place of the
	2156	+
	2157	+
	2158	+
	2159	+
	2160	+
	2161	+	SB1504 - 59 - LRB104 09130 KTG 19186 b
	2162	+
	2163	+
	2164	+	SB1504- 60 -LRB104 09130 KTG 19186 b SB1504 - 60 - LRB104 09130 KTG 19186 b
	2165	+	SB1504 - 60 - LRB104 09130 KTG 19186 b
	2166	+	1 hearing on the supplemental petition, in person or by mail, to
	2167	+	2 the minor, if the minor is 14 years of age or older, and to the
	2168	+	3 parties to the juvenile court proceeding. Notice shall be
	2169	+	4 provided at least 3 court days in advance of the hearing date.
	2170	+	5 (3.5) Whenever a petition is filed to reinstate wardship
	2171	+	6 pursuant to subsection (1), prior to granting the petition,
	2172	+	7 the court may order the Department of Children and Family
	2173	+	8 Services to assess the minor's current and proposed living
	2174	+	9 arrangements and to provide ongoing monitoring of the health,
	2175	+	10 safety, and best interest of the minor during the pendency of
	2176	+	11 the petition to assist the court in making that determination.
	2177	+	12 (4) A minor who is the subject of a petition to reinstate
	2178	+	13 wardship under this Section shall be provided with
	2179	+	14 representation in accordance with Sections 1-5 and 2-17 of
	2180	+	15 this Act.
	2181	+	16 (5) Whenever a minor is committed to the Department of
	2182	+	17 Children and Family Services for care and services following
	2183	+	18 the reinstatement of wardship under this Section, the
	2184	+	19 Department shall:
	2185	+	20 (a) Within 30 days of such commitment, prepare and
	2186	+	21 file with the court a case plan which complies with the
	2187	+	22 federal Adoption Assistance and Child Welfare Act of 1980
	2188	+	23 and is consistent with the health, safety and best
	2189	+	24 interests of the minor; and
	2190	+	25 (b) Promptly refer the minor for such services as are
	2191	+	26 necessary and consistent with the minor's health, safety
	2192	+
	2193	+
	2194	+
	2195	+
	2196	+
	2197	+	SB1504 - 60 - LRB104 09130 KTG 19186 b
	2198	+
	2199	+
	2200	+	SB1504- 61 -LRB104 09130 KTG 19186 b SB1504 - 61 - LRB104 09130 KTG 19186 b
	2201	+	SB1504 - 61 - LRB104 09130 KTG 19186 b
	2202	+	1 and best interests.
	2203	+	2 (6) Whenever the court grants a petition to reinstate
	2204	+	3 wardship under this Section, the court shall schedule the case
	2205	+	4 for a permanency hearing in accordance with Section 2-28 and,
	2206	+	5 if the minor is 18 years old or older, a Successful Transition
	2207	+	6 to Adulthood Review hearing in accordance with Section 2-28.2.
	2208	+	7 (Source: P.A. 101-78, eff. 7-12-19; 102-489, eff. 8-20-21.)
	2209	+	8 (705 ILCS 405/5-745)
	2210	+	9 Sec. 5-745. Court review.
	2211	+	10 (1) The court may require any legal custodian or guardian
	2212	+	11 of the person appointed under this Act, including the
	2213	+	12 Department of Juvenile Justice for youth committed under
	2214	+	13 Section 5-750 of this Act, to report periodically to the court
	2215	+	14 or may cite the legal custodian or guardian into court and
	2216	+	15 require the legal custodian or guardian, or the legal
	2217	+	16 custodian's or guardian's agency, to make a full and accurate
	2218	+	17 report of the doings of the legal custodian, guardian, or
	2219	+	18 agency on behalf of the minor, including efforts to secure
	2220	+	19 post-release placement of the youth after release from the
	2221	+	20 Department's facilities. The legal custodian or guardian,
	2222	+	21 within 10 days after the citation, shall make the report,
	2223	+	22 either in writing verified by affidavit or orally under oath
	2224	+	23 in open court, or otherwise as the court directs. Upon the
	2225	+	24 hearing of the report the court may remove the legal custodian
	2226	+	25 or guardian and appoint another in the legal custodian's or
	2227	+
	2228	+
	2229	+
	2230	+
	2231	+
	2232	+	SB1504 - 61 - LRB104 09130 KTG 19186 b
	2233	+
	2234	+
	2235	+	SB1504- 62 -LRB104 09130 KTG 19186 b SB1504 - 62 - LRB104 09130 KTG 19186 b
	2236	+	SB1504 - 62 - LRB104 09130 KTG 19186 b
	2237	+	1 guardian's stead or restore the minor to the custody of the
	2238	+	2 minor's parents or former guardian or legal custodian.
	2239	+	3 (2) If the Department of Children and Family Services is
	2240	+	4 appointed legal custodian or guardian of a minor under Section
	2241	+	5 5-740 of this Act, the Department of Children and Family
	2242	+	6 Services shall file updated case plans with the court every 6
	2243	+	7 months. Every agency which has guardianship of a child shall
	2244	+	8 file a supplemental petition for court review, or review by an
	2245	+	9 administrative body appointed or approved by the court and
	2246	+	10 further order within 18 months of the sentencing order and
	2247	+	11 each 18 months thereafter. The petition shall state facts
	2248	+	12 relative to the child's present condition of physical, mental
	2249	+	13 and emotional health as well as facts relative to the minor's
	2250	+	14 present custodial or foster care. The petition shall be set
	2251	+	15 for hearing and the clerk shall mail 10 days notice of the
	2252	+	16 hearing by certified mail, return receipt requested, to the
	2253	+	17 person or agency having the physical custody of the child, the
	2254	+	18 minor and other interested parties unless a written waiver of
	2255	+	19 notice is filed with the petition.
	2256	+	20 If the minor is in the custody of the Illinois Department
	2257	+	21 of Children and Family Services, pursuant to an order entered
	2258	+	22 under this Article, the court shall conduct permanency
	2259	+	23 hearings as set out in subsections (1), (2), and (3) of Section
	2260	+	24 2-28 of Article II of this Act and Successful Transition to
	2261	+	25 Adulthood Review hearings as set out in Section 2-28.2 of
	2262	+	26 Article II of this Act.
	2263	+
	2264	+
	2265	+
	2266	+
	2267	+
	2268	+	SB1504 - 62 - LRB104 09130 KTG 19186 b
	2269	+
	2270	+
	2271	+	SB1504- 63 -LRB104 09130 KTG 19186 b SB1504 - 63 - LRB104 09130 KTG 19186 b
	2272	+	SB1504 - 63 - LRB104 09130 KTG 19186 b
	2273	+	1 Rights of wards of the court under this Act are
	2274	+	2 enforceable against any public agency by complaints for relief
	2275	+	3 by mandamus filed in any proceedings brought under this Act.
	2276	+	4 (3) The minor or any person interested in the minor may
3382	2277		5 apply to the court for a change in custody of the minor and the
3383	2278		6 appointment of a new custodian or guardian of the person or for
3384	2279		7 the restoration of the minor to the custody of the minor's
3385		-	8 parents or former guardian or custodian.
3386		-	9 When return home is not selected as the permanency goal:
3387		-	10 (a) The Department, the minor, or the current foster
3388		-	11 parent or relative caregiver seeking private guardianship
3389		-	12 may file a motion for private guardianship of the minor.
3390		-	13 Appointment of a guardian under this Section requires
3391		-	14 approval of the court.
3392		-	15 (b) The State's Attorney may file a motion to
3393		-	16 terminate parental rights of any parent who has failed to
3394		-	17 make reasonable efforts to correct the conditions which
3395		-	18 led to the removal of the child or reasonable progress
3396		-	19 toward the return of the child, as defined in subdivision
3397		-	20 (D)(m) of Section 1 of the Adoption Act or for whom any
3398		-	21 other unfitness ground for terminating parental rights as
3399		-	22 defined in subdivision (D) of Section 1 of the Adoption
3400		-	23 Act exists.
3401		-	24 When parental rights have been terminated for a
3402		-	25 minimum of 3 years and the child who is the subject of the
3403		-	26 permanency hearing is 13 years old or older and is not
3404		-
3405		-
3406		-
3407		-
3408		-
3409		-	SB1504 Engrossed - 95 - LRB104 09130 KTG 19186 b
3410		-
3411		-
3412		-	SB1504 Engrossed- 96 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 96 - LRB104 09130 KTG 19186 b
3413		-	SB1504 Engrossed - 96 - LRB104 09130 KTG 19186 b
3414		-	1 currently placed in a placement likely to achieve
3415		-	2 permanency, the Department of Children and Family Services
3416		-	3 shall make reasonable efforts to locate parents whose
3417		-	4 rights have been terminated, except when the Court
3418		-	5 determines that those efforts would be futile or
3419		-	6 inconsistent with the subject child's best interests. The
3420		-	7 Department of Children and Family Services shall assess
3421		-	8 the appropriateness of the parent whose rights have been
3422		-	9 terminated, and shall, as appropriate, foster and support
3423		-	10 connections between the parent whose rights have been
3424		-	11 terminated and the youth. The Department of Children and
3425		-	12 Family Services shall document its determinations and
3426		-	13 efforts to foster connections in the child's case plan.
3427		-	14 Custody of the minor shall not be restored to any parent,
3428		-	15 guardian, or legal custodian in any case in which the minor is
3429		-	16 found to be neglected or abused under Section 2-3 or dependent
3430		-	17 under Section 2-4 of this Act, unless the minor can be cared
3431		-	18 for at home without endangering the minor's health or safety
3432		-	19 and it is in the best interest of the minor, and if such
3433		-	20 neglect, abuse, or dependency is found by the court under
3434		-	21 paragraph (1) of Section 2-21 of this Act to have come about
3435		-	22 due to the acts or omissions or both of such parent, guardian,
3436		-	23 or legal custodian, until such time as an investigation is
3437		-	24 made as provided in paragraph (5) and a hearing is held on the
3438		-	25 issue of the health, safety, and best interest of the minor and
3439		-	26 the fitness of such parent, guardian, or legal custodian to
3440		-
3441		-
3442		-
3443		-
3444		-
3445		-	SB1504 Engrossed - 96 - LRB104 09130 KTG 19186 b
3446		-
3447		-
3448		-	SB1504 Engrossed- 97 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 97 - LRB104 09130 KTG 19186 b
3449		-	SB1504 Engrossed - 97 - LRB104 09130 KTG 19186 b
3450		-	1 care for the minor and the court enters an order that such
3451		-	2 parent, guardian, or legal custodian is fit to care for the
3452		-	3 minor. If a motion is filed to modify or vacate a private
3453		-	4 guardianship order and return the child to a parent, guardian,
3454		-	5 or legal custodian, the court may order the Department of
3455		-	6 Children and Family Services to assess the minor's current and
3456		-	7 proposed living arrangements and to provide ongoing monitoring
3457		-	8 of the health, safety, and best interest of the minor during
3458		-	9 the pendency of the motion to assist the court in making that
3459		-	10 determination. In the event that the minor has attained 18
3460		-	11 years of age and the guardian or custodian petitions the court
3461		-	12 for an order terminating the minor's guardianship or custody,
3462		-	13 guardianship or custody shall terminate automatically 30 days
3463		-	14 after the receipt of the petition unless the court orders
3464		-	15 otherwise. No legal custodian or guardian of the person may be
3465		-	16 removed without the legal custodian's or guardian's consent
3466		-	17 until given notice and an opportunity to be heard by the court.
3467		-	18 When the court orders a child restored to the custody of
3468		-	19 the parent or parents, the court shall order the parent or
3469		-	20 parents to cooperate with the Department of Children and
3470		-	21 Family Services and comply with the terms of an after-care
3471		-	22 plan, or risk the loss of custody of the child and possible
3472		-	23 termination of their parental rights. The court may also enter
3473		-	24 an order of protective supervision in accordance with Section
3474		-	25 2-24.
3475		-	26 If the minor is being restored to the custody of a parent,
3476		-
3477		-
3478		-
3479		-
3480		-
3481		-	SB1504 Engrossed - 97 - LRB104 09130 KTG 19186 b
3482		-
3483		-
3484		-	SB1504 Engrossed- 98 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 98 - LRB104 09130 KTG 19186 b
3485		-	SB1504 Engrossed - 98 - LRB104 09130 KTG 19186 b
3486		-	1 legal custodian, or guardian who lives outside of Illinois,
3487		-	2 and an Interstate Compact has been requested and refused, the
3488		-	3 court may order the Department of Children and Family Services
3489		-	4 to arrange for an assessment of the minor's proposed living
3490		-	5 arrangement and for ongoing monitoring of the health, safety,
3491		-	6 and best interest of the minor and compliance with any order of
3492		-	7 protective supervision entered in accordance with Section
3493		-	8 2-24.
3494		-	9 (5) Whenever a parent, guardian, or legal custodian files
3495		-	10 a motion for restoration of custody of the minor, and the minor
3496		-	11 was adjudicated neglected, abused, or dependent as a result of
3497		-	12 physical abuse, the court shall cause to be made an
3498		-	13 investigation as to whether the movant has ever been charged
3499		-	14 with or convicted of any criminal offense which would indicate
3500		-	15 the likelihood of any further physical abuse to the minor.
3501		-	16 Evidence of such criminal convictions shall be taken into
3502		-	17 account in determining whether the minor can be cared for at
3503		-	18 home without endangering the minor's health or safety and
3504		-	19 fitness of the parent, guardian, or legal custodian.
3505		-	20 (a) Any agency of this State or any subdivision
3506		-	21 thereof shall cooperate with the agent of the court in
3507		-	22 providing any information sought in the investigation.
3508		-	23 (b) The information derived from the investigation and
3509		-	24 any conclusions or recommendations derived from the
3510		-	25 information shall be provided to the parent, guardian, or
3511		-	26 legal custodian seeking restoration of custody prior to
3512		-
3513		-
3514		-
3515		-
3516		-
3517		-	SB1504 Engrossed - 98 - LRB104 09130 KTG 19186 b
3518		-
3519		-
3520		-	SB1504 Engrossed- 99 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 99 - LRB104 09130 KTG 19186 b
3521		-	SB1504 Engrossed - 99 - LRB104 09130 KTG 19186 b
3522		-	1 the hearing on fitness and the movant shall have an
3523		-	2 opportunity at the hearing to refute the information or
3524		-	3 contest its significance.
3525		-	4 (c) All information obtained from any investigation
3526		-	5 shall be confidential as provided in Section 5-150 of this
3527		-	6 Act.
3528		-	7 (Source: P.A. 102-193, eff. 7-30-21; 102-489, eff. 8-20-21;
3529		-	8 102-813, eff. 5-13-22; 103-22, eff. 8-8-23; 103-154, eff.
3530		-	9 6-30-23; 103-171, eff. 1-1-24; 103-605, eff. 7-1-24; 103-1061,
3531		-	10 eff. 2-5-25.)
3532		-	11 (705 ILCS 405/2-28.2 new)
3533		-	12 Sec. 2-28.2. Successful Transition to Adulthood Review
3534		-	13 hearings.
3535		-	14 (a) The court shall conduct Successful Transition to
3536		-	15 Adulthood Review (STAR) hearings to review the Department's
3537		-	16 efforts to ensure the minor is provided with opportunities to
3538		-	17 engage in individualized future-focused planning towards
3539		-	18 adulthood, to develop age-appropriate daily living skills to
3540		-	19 live successfully as an adult, and if applicable, to be
3541		-	20 prepared to transition out of the care of the Department at age
3542		-	21 21.
3543		-	22 (b) The court shall conduct a STAR hearing for all minors
3544		-	23 for whom the court has entered a permanency goal of
3545		-	24 independence and for all minors who are 17 years of age or
3546		-	25 older. The minor's first STAR hearing shall be conducted
3547		-
3548		-
3549		-
3550		-
3551		-
3552		-	SB1504 Engrossed - 99 - LRB104 09130 KTG 19186 b
3553		-
3554		-
3555		-	SB1504 Engrossed- 100 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 100 - LRB104 09130 KTG 19186 b
3556		-	SB1504 Engrossed - 100 - LRB104 09130 KTG 19186 b
3557		-	1 within 6 months of the minor qualifying for a STAR hearing.
3558		-	2 Subsequent STAR hearings may be conducted contemporaneously
3559		-	3 with the minor's permanency hearing. At a minimum, the court
3560		-	4 shall conduct STAR hearings for eligible minors within 6
3561		-	5 months of the minor becoming eligible for a STAR hearing and
3562		-	6 annually thereafter. The court may schedule additional STAR
3563		-	7 hearings as necessary and in the minor's best interest.
3564		-	8 (c) Fourteen days in advance of the STAR hearing the
3565		-	9 Department shall provide the court with the youth's service
3566		-	10 plan that includes the following information:
3567		-	11 (1) a copy of the youth-driven transition plan
3568		-	12 developed in accordance with Section 35.10 of the Children
3569		-	13 and Family Services Act;
3570		-	14 (2) for youth 17 years of age and older, the ILO TLP
3571		-	15 Quarterly Discharge Launch Plan, if applicable;
3572		-	16 (3) a description of the documents necessary for adult
3573		-	17 living as provided in Section 35.10 of the Children and
3574		-	18 Family Services Act that the minor has, the documents the
3575		-	19 minor continues to need, and the Department's plan to
3576		-	20 ensure the minor has such documents prior to case closure;
3577		-	21 (4) a description of the Department's efforts to
3578		-	22 assist the youth in developing and maintaining connections
3579		-	23 with supportive adults and a copy of the minor's Ongoing
3580		-	24 Family Finding and Relative Engagement Plan developed in
3581		-	25 accordance with Section 2-27.3; and
3582		-	26 (5) for youth who are likely to need a guardian as a
3583		-
3584		-
3585		-
3586		-
3587		-
3588		-	SB1504 Engrossed - 100 - LRB104 09130 KTG 19186 b
3589		-
3590		-
3591		-	SB1504 Engrossed- 101 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 101 - LRB104 09130 KTG 19186 b
3592		-	SB1504 Engrossed - 101 - LRB104 09130 KTG 19186 b
3593		-	1 person with a disability, in accordance with Article XIa
3594		-	2 of the Probate Act of 1975, a description of the
3595		-	3 Department's efforts to obtain any necessary assessments.
3596		-	4 (d) At the STAR hearing the court shall:
3597		-	5 (1) review the Department's efforts to assist the
3598		-	6 minor in developing and implementing an individualized
3599		-	7 youth-driven plan to develop life skills that will lead to
3600		-	8 successful adult living;
3601		-	9 (2) review the plan developed by the Department and
3602		-	10 the minor to ensure that it is reasonably likely to ensure
3603		-	11 the minor can live independent of supports from the
3604		-	12 Department;
3605		-	13 (3) review the Department's efforts to assist the
3606		-	14 minor in accomplishing the plan;
3607		-	15 (4) review the Department's efforts to ensure the
3608		-	16 minor has documents necessary for adult living, as defined
3609		-	17 in Section 35.10 of the Children and Family Services Act
3610		-	18 prior to case closure;
3611		-	19 (5) review the Department's efforts to ensure that the
3612		-	20 minor is aware of available supports and services
3613		-	21 post-case closure and how to access such supports and
3614		-	22 services; and
3615		-	23 (6) if applicable, review the Department's efforts to
3616		-	24 obtain any needed assessments to determine whether the
3617		-	25 youth may qualify for a guardian as a person with a
3618		-	26 disability under Article XIa of the Probate Act of 1975.
3619		-
3620		-
3621		-
3622		-
3623		-
3624		-	SB1504 Engrossed - 101 - LRB104 09130 KTG 19186 b
3625		-
3626		-
3627		-	SB1504 Engrossed- 102 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 102 - LRB104 09130 KTG 19186 b
3628		-	SB1504 Engrossed - 102 - LRB104 09130 KTG 19186 b
3629		-	1 If the court finds that the youth-driven transition plan
3630		-	2 for the minor is not in the minor's best interest or will not
3631		-	3 be reasonably likely to result in the development of life
3632		-	4 skills necessary for adult living, the court shall make
3633		-	5 specific factual findings supporting its findings and order
3634		-	6 the Department to develop a new plan with the minor consistent
3635		-	7 with the court's findings. If the court finds that the
3636		-	8 Department has failed to make reasonable efforts to (i) assist
3637		-	9 the minor in developing and accomplishing a youth-driven
3638		-	10 transition plan or (ii) obtain any necessary assessments for
3639		-	11 minors to determine whether the youth may qualify for a
3640		-	12 guardian as a person with a disability under Article XIa of the
3641		-	13 Probate Act of 1975, then the court shall make specific
3642		-	14 factual findings and may enter such orders it deems necessary
3643		-	15 to ensure that the minor is developing necessary life skills
3644		-	16 and, when appropriate, is prepared to successfully transition
3645		-	17 to adulthood.
3646		-	18 (705 ILCS 405/2-33)
3647		-	19 Sec. 2-33. Supplemental petition to reinstate wardship.
3648		-	20 (1) Any time prior to a minor's 18th birthday, pursuant to
3649		-	21 a supplemental petition filed under this Section, the court
3650		-	22 may reinstate wardship and open a previously closed case when:
3651		-	23 (a) wardship and guardianship under the Juvenile Court
3652		-	24 Act of 1987 was vacated in conjunction with the
3653		-	25 appointment of a private guardian under the Probate Act of
3654		-
3655		-
3656		-
3657		-
3658		-
3659		-	SB1504 Engrossed - 102 - LRB104 09130 KTG 19186 b
3660		-
3661		-
3662		-	SB1504 Engrossed- 103 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 103 - LRB104 09130 KTG 19186 b
3663		-	SB1504 Engrossed - 103 - LRB104 09130 KTG 19186 b
3664		-	1 1975;
3665		-	2 (b) the minor is not presently a ward of the court
3666		-	3 under Article II of this Act nor is there a petition for
3667		-	4 adjudication of wardship pending on behalf of the minor;
3668		-	5 and
3669		-	6 (c) it is in the minor's best interest that wardship
3670		-	7 be reinstated.
3671		-	8 (2) Any time prior to a minor's 21st birthday, pursuant to
3672		-	9 a supplemental petition filed under this Section, the court
3673		-	10 may reinstate wardship and open a previously closed case when:
3674		-	11 (a) wardship and guardianship under this Act was
3675		-	12 vacated pursuant to:
3676		-	13 (i) an order entered under subsection (2) of
3677		-	14 Section 2-31 in the case of a minor over the age of 18;
3678		-	15 (ii) closure of a case under subsection (2) of
3679		-	16 Section 2-31 in the case of a minor under the age of 18
3680		-	17 who has been partially or completely emancipated in
3681		-	18 accordance with the Emancipation of Minors Act; or
3682		-	19 (iii) an order entered under subsection (3) of
3683		-	20 Section 2-31 based on the minor's attaining the age of
3684		-	21 19 years before the effective date of this amendatory
3685		-	22 Act of the 101st General Assembly;
3686		-	23 (b) the minor is not presently a ward of the court
3687		-	24 under Article II of this Act nor is there a petition for
3688		-	25 adjudication of wardship pending on behalf of the minor;
3689		-	26 and
3690		-
3691		-
3692		-
3693		-
3694		-
3695		-	SB1504 Engrossed - 103 - LRB104 09130 KTG 19186 b
3696		-
3697		-
3698		-	SB1504 Engrossed- 104 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 104 - LRB104 09130 KTG 19186 b
3699		-	SB1504 Engrossed - 104 - LRB104 09130 KTG 19186 b
3700		-	1 (c) it is in the minor's best interest that wardship
3701		-	2 be reinstated.
3702		-	3 (3) The supplemental petition must be filed in the same
3703		-	4 proceeding in which the original adjudication order was
3704		-	5 entered. Unless excused by court for good cause shown, the
3705		-	6 petitioner shall give notice of the time and place of the
3706		-	7 hearing on the supplemental petition, in person or by mail, to
3707		-	8 the minor, if the minor is 14 years of age or older, and to the
3708		-	9 parties to the juvenile court proceeding. Notice shall be
3709		-	10 provided at least 3 court days in advance of the hearing date.
3710		-	11 (3.5) Whenever a petition is filed to reinstate wardship
3711		-	12 pursuant to subsection (1), prior to granting the petition,
3712		-	13 the court may order the Department of Children and Family
3713		-	14 Services to assess the minor's current and proposed living
3714		-	15 arrangements and to provide ongoing monitoring of the health,
3715		-	16 safety, and best interest of the minor during the pendency of
3716		-	17 the petition to assist the court in making that determination.
3717		-	18 (4) A minor who is the subject of a petition to reinstate
3718		-	19 wardship under this Section shall be provided with
3719		-	20 representation in accordance with Sections 1-5 and 2-17 of
3720		-	21 this Act.
3721		-	22 (5) Whenever a minor is committed to the Department of
3722		-	23 Children and Family Services for care and services following
3723		-	24 the reinstatement of wardship under this Section, the
3724		-	25 Department shall:
3725		-	26 (a) Within 30 days of such commitment, prepare and
3726		-
3727		-
3728		-
3729		-
3730		-
3731		-	SB1504 Engrossed - 104 - LRB104 09130 KTG 19186 b
3732		-
3733		-
3734		-	SB1504 Engrossed- 105 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 105 - LRB104 09130 KTG 19186 b
3735		-	SB1504 Engrossed - 105 - LRB104 09130 KTG 19186 b
3736		-	1 file with the court a case plan which complies with the
3737		-	2 federal Adoption Assistance and Child Welfare Act of 1980
3738		-	3 and is consistent with the health, safety and best
3739		-	4 interests of the minor; and
3740		-	5 (b) Promptly refer the minor for such services as are
3741		-	6 necessary and consistent with the minor's health, safety
3742		-	7 and best interests.
3743		-	8 (6) Whenever the court grants a petition to reinstate
3744		-	9 wardship under this Section, the court shall schedule the case
3745		-	10 for a permanency hearing in accordance with Section 2-28 and a
3746		-	11 Successful Transition to Adulthood Review hearing in
3747		-	12 accordance with Section 2-28.2, if applicable.
3748		-	13 (Source: P.A. 101-78, eff. 7-12-19; 102-489, eff. 8-20-21.)
3749		-	14 (705 ILCS 405/5-745)
3750		-	15 Sec. 5-745. Court review.
3751		-	16 (1) The court may require any legal custodian or guardian
3752		-	17 of the person appointed under this Act, including the
3753		-	18 Department of Juvenile Justice for youth committed under
3754		-	19 Section 5-750 of this Act, to report periodically to the court
3755		-	20 or may cite the legal custodian or guardian into court and
3756		-	21 require the legal custodian or guardian, or the legal
3757		-	22 custodian's or guardian's agency, to make a full and accurate
3758		-	23 report of the doings of the legal custodian, guardian, or
3759		-	24 agency on behalf of the minor, including efforts to secure
3760		-	25 post-release placement of the youth after release from the
3761		-
3762		-
3763		-
3764		-
3765		-
3766		-	SB1504 Engrossed - 105 - LRB104 09130 KTG 19186 b
3767		-
3768		-
3769		-	SB1504 Engrossed- 106 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 106 - LRB104 09130 KTG 19186 b
3770		-	SB1504 Engrossed - 106 - LRB104 09130 KTG 19186 b
3771		-	1 Department's facilities. The legal custodian or guardian,
3772		-	2 within 10 days after the citation, shall make the report,
3773		-	3 either in writing verified by affidavit or orally under oath
3774		-	4 in open court, or otherwise as the court directs. Upon the
3775		-	5 hearing of the report the court may remove the legal custodian
3776		-	6 or guardian and appoint another in the legal custodian's or
3777		-	7 guardian's stead or restore the minor to the custody of the
3778		-	8 minor's parents or former guardian or legal custodian.
3779		-	9 (2) If the Department of Children and Family Services is
3780		-	10 appointed legal custodian or guardian of a minor under Section
3781		-	11 5-740 of this Act, the Department of Children and Family
3782		-	12 Services shall file updated case plans with the court every 6
3783		-	13 months. Every agency which has guardianship of a child shall
3784		-	14 file a supplemental petition for court review, or review by an
3785		-	15 administrative body appointed or approved by the court and
3786		-	16 further order within 18 months of the sentencing order and
3787		-	17 each 18 months thereafter. The petition shall state facts
3788		-	18 relative to the child's present condition of physical, mental
3789		-	19 and emotional health as well as facts relative to the minor's
3790		-	20 present custodial or foster care. The petition shall be set
3791		-	21 for hearing and the clerk shall mail 10 days notice of the
3792		-	22 hearing by certified mail, return receipt requested, to the
3793		-	23 person or agency having the physical custody of the child, the
3794		-	24 minor and other interested parties unless a written waiver of
3795		-	25 notice is filed with the petition.
3796		-	26 If the minor is in the custody of the Illinois Department
3797		-
3798		-
3799		-
3800		-
3801		-
3802		-	SB1504 Engrossed - 106 - LRB104 09130 KTG 19186 b
3803		-
3804		-
3805		-	SB1504 Engrossed- 107 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 107 - LRB104 09130 KTG 19186 b
3806		-	SB1504 Engrossed - 107 - LRB104 09130 KTG 19186 b
3807		-	1 of Children and Family Services, pursuant to an order entered
3808		-	2 under this Article, the court shall conduct permanency
3809		-	3 hearings as set out in subsections (1), (2), (2.3), (2.4), and
3810		-	4 (3) of Section 2-28 of Article II of this Act and Successful
3811		-	5 Transition to Adulthood Review hearings as set out in Section
3812		-	6 2-28.2 of Article II of this Act.
3813		-	7 Rights of wards of the court under this Act are
3814		-	8 enforceable against any public agency by complaints for relief
3815		-	9 by mandamus filed in any proceedings brought under this Act.
3816		-	10 (3) The minor or any person interested in the minor may
3817		-	11 apply to the court for a change in custody of the minor and the
3818		-	12 appointment of a new custodian or guardian of the person or for
3819		-	13 the restoration of the minor to the custody of the minor's
3820		-	14 parents or former guardian or custodian. In the event that the
3821		-	15 minor has attained 18 years of age and the guardian or
3822		-	16 custodian petitions the court for an order terminating the
3823		-	17 minor's guardianship or custody, guardianship or legal custody
3824		-	18 shall terminate automatically 30 days after the receipt of the
3825		-	19 petition unless the court orders otherwise. No legal custodian
3826		-	20 or guardian of the person may be removed without the legal
3827		-	21 custodian's or guardian's consent until given notice and an
3828		-	22 opportunity to be heard by the court.
3829		-	23 (4) If the minor is committed to the Department of
3830		-	24 Juvenile Justice under Section 5-750 of this Act, the
3831		-	25 Department shall notify the court in writing of the occurrence
3832		-	26 of any of the following:
3833		-
3834		-
3835		-
3836		-
3837		-
3838		-	SB1504 Engrossed - 107 - LRB104 09130 KTG 19186 b
3839		-
3840		-
3841		-	SB1504 Engrossed- 108 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 108 - LRB104 09130 KTG 19186 b
3842		-	SB1504 Engrossed - 108 - LRB104 09130 KTG 19186 b
3843		-	1 (a) a critical incident involving a youth committed to
3844		-	2 the Department; as used in this paragraph (a), "critical
3845		-	3 incident" means any incident that involves a serious risk
3846		-	4 to the life, health, or well-being of the youth and
3847		-	5 includes, but is not limited to, an accident or suicide
3848		-	6 attempt resulting in serious bodily harm or
3849		-	7 hospitalization, psychiatric hospitalization, alleged or
3850		-	8 suspected abuse, or escape or attempted escape from
3851		-	9 custody, filed within 10 days of the occurrence;
3852		-	10 (b) a youth who has been released by the Prisoner
3853		-	11 Review Board but remains in a Department facility solely
3854		-	12 because the youth does not have an approved aftercare
3855		-	13 release host site, filed within 10 days of the occurrence;
3856		-	14 (c) a youth, except a youth who has been adjudicated a
3857		-	15 habitual or violent juvenile offender under Section 5-815
3858		-	16 or 5-820 of this Act or committed for first degree murder,
3859		-	17 who has been held in a Department facility for over one
3860		-	18 consecutive year; or
3861		-	19 (d) if a report has been filed under paragraph (c) of
3862		-	20 this subsection, a supplemental report shall be filed
3863		-	21 every 6 months thereafter.
3864		-	22 The notification required by this subsection (4) shall contain
3865		-	23 a brief description of the incident or situation and a summary
3866		-	24 of the youth's current physical, mental, and emotional health
3867		-	25 and the actions the Department took in response to the
3868		-	26 incident or to identify an aftercare release host site, as
3869		-
3870		-
3871		-
3872		-
3873		-
3874		-	SB1504 Engrossed - 108 - LRB104 09130 KTG 19186 b
3875		-
3876		-
3877		-	SB1504 Engrossed- 109 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 109 - LRB104 09130 KTG 19186 b
3878		-	SB1504 Engrossed - 109 - LRB104 09130 KTG 19186 b
3879		-	1 applicable. Upon receipt of the notification, the court may
3880		-	2 require the Department to make a full report under subsection
3881		-	3 (1) of this Section.
3882		-	4 (5) With respect to any report required to be filed with
3883		-	5 the court under this Section, the Independent Juvenile
3884		-	6 Ombudsperson shall provide a copy to the minor's court
3885		-	7 appointed guardian ad litem, if the Department has received
3886		-	8 written notice of the appointment, and to the minor's
3887		-	9 attorney, if the Department has received written notice of
3888		-	10 representation from the attorney. If the Department has a
3889		-	11 record that a guardian has been appointed for the minor and a
3890		-	12 record of the last known address of the minor's court
3891		-	13 appointed guardian, the Independent Juvenile Ombudsperson
3892		-	14 shall send a notice to the guardian that the report is
3893		-	15 available and will be provided by the Independent Juvenile
3894		-	16 Ombudsperson upon request. If the Department has no record
3895		-	17 regarding the appointment of a guardian for the minor, and the
3896		-	18 Department's records include the last known addresses of the
3897		-	19 minor's parents, the Independent Juvenile Ombudsperson shall
3898		-	20 send a notice to the parents that the report is available and
3899		-	21 will be provided by the Independent Juvenile Ombudsperson upon
3900		-	22 request.
3901		-	23 (Source: P.A. 103-22, eff. 8-8-23; 103-1061, eff. 2-5-25.)
3902		-	24 Section 95. No acceleration or delay. Where this Act makes
3903		-	25 changes in a statute that is represented in this Act by text
3904		-
3905		-
3906		-
3907		-
3908		-
3909		-	SB1504 Engrossed - 109 - LRB104 09130 KTG 19186 b
3910		-
3911		-
3912		-	SB1504 Engrossed- 110 -LRB104 09130 KTG 19186 b SB1504 Engrossed - 110 - LRB104 09130 KTG 19186 b
3913		-	SB1504 Engrossed - 110 - LRB104 09130 KTG 19186 b
3914		-	1 that is not yet or no longer in effect (for example, a Section
3915		-	2 represented by multiple versions), the use of that text does
3916		-	3 not accelerate or delay the taking effect of (i) the changes
3917		-	4 made by this Act or (ii) provisions derived from any other
3918		-	5 Public Act.
3919		-	6 Section 99. Effective date. This Act takes effect July 1,
3920		-	7 2026.
3921		-
3922		-
3923		-
3924		-
3925		-
3926		-	SB1504 Engrossed - 110 - LRB104 09130 KTG 19186 b
	2280	+	8 parents or former guardian or custodian. In the event that the
	2281	+	9 minor has attained 18 years of age and the guardian or
	2282	+	10 custodian petitions the court for an order terminating the
	2283	+	11 minor's guardianship or custody, guardianship or legal custody
	2284	+	12 shall terminate automatically 30 days after the receipt of the
	2285	+	13 petition unless the court orders otherwise. No legal custodian
	2286	+	14 or guardian of the person may be removed without the legal
	2287	+	15 custodian's or guardian's consent until given notice and an
	2288	+	16 opportunity to be heard by the court.
	2289	+	17 (4) If the minor is committed to the Department of
	2290	+	18 Juvenile Justice under Section 5-750 of this Act, the
	2291	+	19 Department shall notify the court in writing of the occurrence
	2292	+	20 of any of the following:
	2293	+	21 (a) a critical incident involving a youth committed to
	2294	+	22 the Department; as used in this paragraph (a), "critical
	2295	+	23 incident" means any incident that involves a serious risk
	2296	+	24 to the life, health, or well-being of the youth and
	2297	+	25 includes, but is not limited to, an accident or suicide
	2298	+	26 attempt resulting in serious bodily harm or
	2299	+
	2300	+
	2301	+
	2302	+
	2303	+
	2304	+	SB1504 - 63 - LRB104 09130 KTG 19186 b
	2305	+
	2306	+
	2307	+	SB1504- 64 -LRB104 09130 KTG 19186 b SB1504 - 64 - LRB104 09130 KTG 19186 b
	2308	+	SB1504 - 64 - LRB104 09130 KTG 19186 b
	2309	+	1 hospitalization, psychiatric hospitalization, alleged or
	2310	+	2 suspected abuse, or escape or attempted escape from
	2311	+	3 custody, filed within 10 days of the occurrence;
	2312	+	4 (b) a youth who has been released by the Prisoner
	2313	+	5 Review Board but remains in a Department facility solely
	2314	+	6 because the youth does not have an approved aftercare
	2315	+	7 release host site, filed within 10 days of the occurrence;
	2316	+	8 (c) a youth, except a youth who has been adjudicated a
	2317	+	9 habitual or violent juvenile offender under Section 5-815
	2318	+	10 or 5-820 of this Act or committed for first degree murder,
	2319	+	11 who has been held in a Department facility for over one
	2320	+	12 consecutive year; or
	2321	+	13 (d) if a report has been filed under paragraph (c) of
	2322	+	14 this subsection, a supplemental report shall be filed
	2323	+	15 every 6 months thereafter.
	2324	+	16 The notification required by this subsection (4) shall contain
	2325	+	17 a brief description of the incident or situation and a summary
	2326	+	18 of the youth's current physical, mental, and emotional health
	2327	+	19 and the actions the Department took in response to the
	2328	+	20 incident or to identify an aftercare release host site, as
	2329	+	21 applicable. Upon receipt of the notification, the court may
	2330	+	22 require the Department to make a full report under subsection
	2331	+	23 (1) of this Section.
	2332	+	24 (5) With respect to any report required to be filed with
	2333	+	25 the court under this Section, the Independent Juvenile
	2334	+	26 Ombudsperson shall provide a copy to the minor's court
	2335	+
	2336	+
	2337	+
	2338	+
	2339	+
	2340	+	SB1504 - 64 - LRB104 09130 KTG 19186 b
	2341	+
	2342	+
	2343	+	SB1504- 65 -LRB104 09130 KTG 19186 b SB1504 - 65 - LRB104 09130 KTG 19186 b
	2344	+	SB1504 - 65 - LRB104 09130 KTG 19186 b
	2345	+
	2346	+
	2347	+
	2348	+
	2349	+
	2350	+	SB1504 - 65 - LRB104 09130 KTG 19186 b