HB3119 Engrossed LRB099 09194 KTG 31404 b
1		AN ACT concerning children.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Children and Family Services Act is amended
5		by changing Section 5 as follows:
6		(20 ILCS 505/5) (from Ch. 23, par. 5005)
7		Sec. 5. Direct child welfare services; Department of
8		Children and Family Services. To provide direct child welfare
9		services when not available through other public or private
10		child care or program facilities.
11		(a) For purposes of this Section:
12		(1) "Children" means persons found within the State who
13		are under the age of 18 years. The term also includes
14		persons under age 21 who:
15		(A) were committed to the Department pursuant to
16		the Juvenile Court Act or the Juvenile Court Act of
17		1987, as amended, prior to the age of 18 and who
18		continue under the jurisdiction of the court; or
19		(B) were accepted for care, service and training by
20		the Department prior to the age of 18 and whose best
21		interest in the discretion of the Department would be
22		served by continuing that care, service and training
23		because of severe emotional disturbances, physical

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1		disability, social adjustment or any combination
2		thereof, or because of the need to complete an
3		educational or vocational training program.
4		(2) "Homeless youth" means persons found within the
5		State who are under the age of 19, are not in a safe and
6		stable living situation and cannot be reunited with their
7		families.
8		(3) "Child welfare services" means public social
9		services which are directed toward the accomplishment of
10		the following purposes:
11		(A) protecting and promoting the health, safety
12		and welfare of children, including homeless, dependent
13		or neglected children;
14		(B) remedying, or assisting in the solution of
15		problems which may result in, the neglect, abuse,
16		exploitation or delinquency of children;
17		(C) preventing the unnecessary separation of
18		children from their families by identifying family
19		problems, assisting families in resolving their
20		problems, and preventing the breakup of the family
21		where the prevention of child removal is desirable and
22		possible when the child can be cared for at home
23		without endangering the child's health and safety;
24		(D) restoring to their families children who have
25		been removed, by the provision of services to the child
26		and the families when the child can be cared for at

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1		home without endangering the child's health and
2		safety;
3		(E) placing children in suitable adoptive homes,
4		in cases where restoration to the biological family is
5		not safe, possible or appropriate;
6		(F) assuring safe and adequate care of children
7		away from their homes, in cases where the child cannot
8		be returned home or cannot be placed for adoption. At
9		the time of placement, the Department shall consider
10		concurrent planning, as described in subsection (l-1)
11		of this Section so that permanency may occur at the
12		earliest opportunity. Consideration should be given so
13		that if reunification fails or is delayed, the
14		placement made is the best available placement to
15		provide permanency for the child;
16		(G) (blank);
17		(H) (blank); and
18		(I) placing and maintaining children in facilities
19		that provide separate living quarters for children
20		under the age of 18 and for children 18 years of age
21		and older, unless a child 18 years of age is in the
22		last year of high school education or vocational
23		training, in an approved individual or group treatment
24		program, in a licensed shelter facility, or secure
25		child care facility. The Department is not required to
26		place or maintain children:

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1		(i) who are in a foster home, or
2		(ii) who are persons with a developmental
3		disability, as defined in the Mental Health and
4		Developmental Disabilities Code, or
5		(iii) who are female children who are
6		pregnant, pregnant and parenting or parenting, or
7		(iv) who are siblings, in facilities that
8		provide separate living quarters for children 18
9		years of age and older and for children under 18
10		years of age.
11		(b) Nothing in this Section shall be construed to authorize
12		the expenditure of public funds for the purpose of performing
13		abortions.
14		(c) The Department shall establish and maintain
15		tax-supported child welfare services and extend and seek to
16		improve voluntary services throughout the State, to the end
17		that services and care shall be available on an equal basis
18		throughout the State to children requiring such services.
19		(d) The Director may authorize advance disbursements for
20		any new program initiative to any agency contracting with the
21		Department. As a prerequisite for an advance disbursement, the
22		contractor must post a surety bond in the amount of the advance
23		disbursement and have a purchase of service contract approved
24		by the Department. The Department may pay up to 2 months
25		operational expenses in advance. The amount of the advance
26		disbursement shall be prorated over the life of the contract or

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1		the remaining months of the fiscal year, whichever is less, and
2		the installment amount shall then be deducted from future
3		bills. Advance disbursement authorizations for new initiatives
4		shall not be made to any agency after that agency has operated
5		during 2 consecutive fiscal years. The requirements of this
6		Section concerning advance disbursements shall not apply with
7		respect to the following: payments to local public agencies for
8		child day care services as authorized by Section 5a of this
9		Act; and youth service programs receiving grant funds under
10		Section 17a-4.
11		(e) (Blank).
12		(f) (Blank).
13		(g) The Department shall establish rules and regulations
14		concerning its operation of programs designed to meet the goals
15		of child safety and protection, family preservation, family
16		reunification, and adoption, including but not limited to:
17		(1) adoption;
18		(2) foster care;
19		(3) family counseling;
20		(4) protective services;
21		(5) (blank);
22		(6) homemaker service;
23		(7) return of runaway children;
24		(8) (blank);
25		(9) placement under Section 5-7 of the Juvenile Court
26		Act or Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile

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1		Court Act of 1987 in accordance with the federal Adoption
2		Assistance and Child Welfare Act of 1980; and
3		(10) interstate services.
4		Rules and regulations established by the Department shall
5		include provisions for training Department staff and the staff
6		of Department grantees, through contracts with other agencies
7		or resources, in alcohol and drug abuse screening techniques
8		approved by the Department of Human Services, as a successor to
9		the Department of Alcoholism and Substance Abuse, for the
10		purpose of identifying children and adults who should be
11		referred to an alcohol and drug abuse treatment program for
12		professional evaluation.
13		(h) If the Department finds that there is no appropriate
14		program or facility within or available to the Department for a
15		ward and that no licensed private facility has an adequate and
16		appropriate program or none agrees to accept the ward, the
17		Department shall create an appropriate individualized,
18		program-oriented plan for such ward. The plan may be developed
19		within the Department or through purchase of services by the
20		Department to the extent that it is within its statutory
21		authority to do.
22		(i) Service programs shall be available throughout the
23		State and shall include but not be limited to the following
24		services:
25		(1) case management;
26		(2) homemakers;

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1		(3) counseling;
2		(4) parent education;
3		(5) day care; and
4		(6) emergency assistance and advocacy.
5		In addition, the following services may be made available
6		to assess and meet the needs of children and families:
7		(1) comprehensive family-based services;
8		(2) assessments;
9		(3) respite care; and
10		(4) in-home health services.
11		The Department shall provide transportation for any of the
12		services it makes available to children or families or for
13		which it refers children or families.
14		(j) The Department may provide categories of financial
15		assistance and education assistance grants, and shall
16		establish rules and regulations concerning the assistance and
17		grants, to persons who adopt physically or mentally
18		handicapped, older and other hard-to-place children who (i)
19		immediately prior to their adoption were legal wards of the
20		Department or (ii) were determined eligible for financial
21		assistance with respect to a prior adoption and who become
22		available for adoption because the prior adoption has been
23		dissolved and the parental rights of the adoptive parents have
24		been terminated or because the child's adoptive parents have
25		died. The Department may continue to provide financial
26		assistance and education assistance grants for a child who was

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1		determined eligible for financial assistance under this
2		subsection (j) in the interim period beginning when the child's
3		adoptive parents died and ending with the finalization of the
4		new adoption of the child by another adoptive parent or
5		parents. The Department may also provide categories of
6		financial assistance and education assistance grants, and
7		shall establish rules and regulations for the assistance and
8		grants, to persons appointed guardian of the person under
9		Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
10		4-25 or 5-740 of the Juvenile Court Act of 1987 for children
11		who were wards of the Department for 12 months immediately
12		prior to the appointment of the guardian.
13		The amount of assistance may vary, depending upon the needs
14		of the child and the adoptive parents, as set forth in the
15		annual assistance agreement. Special purpose grants are
16		allowed where the child requires special service but such costs
17		may not exceed the amounts which similar services would cost
18		the Department if it were to provide or secure them as guardian
19		of the child.
20		Any financial assistance provided under this subsection is
21		inalienable by assignment, sale, execution, attachment,
22		garnishment, or any other remedy for recovery or collection of
23		a judgment or debt.
24		(j-5) The Department shall not deny or delay the placement
25		of a child for adoption if an approved family is available
26		either outside of the Department region handling the case, or

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1		outside of the State of Illinois.
2		(k) The Department shall accept for care and training any
3		child who has been adjudicated neglected or abused, or
4		dependent committed to it pursuant to the Juvenile Court Act or
5		the Juvenile Court Act of 1987.
6		(l) The Department shall offer family preservation
7		services, as defined in Section 8.2 of the Abused and Neglected
8		Child Reporting Act, to help families, including adoptive and
9		extended families. Family preservation services shall be
10		offered (i) to prevent the placement of children in substitute
11		care when the children can be cared for at home or in the
12		custody of the person responsible for the children's welfare,
13		(ii) to reunite children with their families, or (iii) to
14		maintain an adoptive placement. Family preservation services
15		shall only be offered when doing so will not endanger the
16		children's health or safety. With respect to children who are
17		in substitute care pursuant to the Juvenile Court Act of 1987,
18		family preservation services shall not be offered if a goal
19		other than those of subdivisions (A), (B), or (B-1) of
20		subsection (2) of Section 2-28 of that Act has been set.
21		Nothing in this paragraph shall be construed to create a
22		private right of action or claim on the part of any individual
23		or child welfare agency, except that when a child is the
24		subject of an action under Article II of the Juvenile Court Act
25		of 1987 and the child's service plan calls for services to
26		facilitate achievement of the permanency goal, the court

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1		hearing the action under Article II of the Juvenile Court Act
2		of 1987 may order the Department to provide the services set
3		out in the plan, if those services are not provided with
4		reasonable promptness and if those services are available.
5		The Department shall notify the child and his family of the
6		Department's responsibility to offer and provide family
7		preservation services as identified in the service plan. The
8		child and his family shall be eligible for services as soon as
9		the report is determined to be "indicated". The Department may
10		offer services to any child or family with respect to whom a
11		report of suspected child abuse or neglect has been filed,
12		prior to concluding its investigation under Section 7.12 of the
13		Abused and Neglected Child Reporting Act. However, the child's
14		or family's willingness to accept services shall not be
15		considered in the investigation. The Department may also
16		provide services to any child or family who is the subject of
17		any report of suspected child abuse or neglect or may refer
18		such child or family to services available from other agencies
19		in the community, even if the report is determined to be
20		unfounded, if the conditions in the child's or family's home
21		are reasonably likely to subject the child or family to future
22		reports of suspected child abuse or neglect. Acceptance of such
23		services shall be voluntary. The Department may also provide
24		services to any child or family after completion of a family
25		assessment, as an alternative to an investigation, as provided
26		under the "differential response program" provided for in

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1		subsection (a-5) of Section 7.4 of the Abused and Neglected
2		Child Reporting Act.
3		The Department may, at its discretion except for those
4		children also adjudicated neglected or dependent, accept for
5		care and training any child who has been adjudicated addicted,
6		as a truant minor in need of supervision or as a minor
7		requiring authoritative intervention, under the Juvenile Court
8		Act or the Juvenile Court Act of 1987, but no such child shall
9		be committed to the Department by any court without the
10		approval of the Department. On and after the effective date of
11		this amendatory Act of the 98th General Assembly and before
12		January 1, 2017, a minor charged with a criminal offense under
13		the Criminal Code of 1961 or the Criminal Code of 2012 or
14		adjudicated delinquent shall not be placed in the custody of or
15		committed to the Department by any court, except (i) a minor
16		less than 16 years of age committed to the Department under
17		Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
18		for whom an independent basis of abuse, neglect, or dependency
19		exists, which must be defined by departmental rule, or (iii) a
20		minor for whom the court has granted a supplemental petition to
21		reinstate wardship pursuant to subsection (2) of Section 2-33
22		of the Juvenile Court Act of 1987. On and after January 1,
23		2017, a minor charged with a criminal offense under the
24		Criminal Code of 1961 or the Criminal Code of 2012 or
25		adjudicated delinquent shall not be placed in the custody of or
26		committed to the Department by any court, except (i) a minor

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1		less than 15 years of age committed to the Department under
2		Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
3		for whom an independent basis of abuse, neglect, or dependency
4		exists, which must be defined by departmental rule, or (iii) a
5		minor for whom the court has granted a supplemental petition to
6		reinstate wardship pursuant to subsection (2) of Section 2-33
7		of the Juvenile Court Act of 1987. An independent basis exists
8		when the allegations or adjudication of abuse, neglect, or
9		dependency do not arise from the same facts, incident, or
10		circumstances which give rise to a charge or adjudication of
11		delinquency.
12		As soon as is possible after August 7, 2009 (the effective
13		date of Public Act 96-134), the Department shall develop and
14		implement a special program of family preservation services to
15		support intact, foster, and adoptive families who are
16		experiencing extreme hardships due to the difficulty and stress
17		of caring for a child who has been diagnosed with a pervasive
18		developmental disorder if the Department determines that those
19		services are necessary to ensure the health and safety of the
20		child. The Department may offer services to any family whether
21		or not a report has been filed under the Abused and Neglected
22		Child Reporting Act. The Department may refer the child or
23		family to services available from other agencies in the
24		community if the conditions in the child's or family's home are
25		reasonably likely to subject the child or family to future
26		reports of suspected child abuse or neglect. Acceptance of

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1		these services shall be voluntary. The Department shall develop
2		and implement a public information campaign to alert health and
3		social service providers and the general public about these
4		special family preservation services. The nature and scope of
5		the services offered and the number of families served under
6		the special program implemented under this paragraph shall be
7		determined by the level of funding that the Department annually
8		allocates for this purpose. The term "pervasive developmental
9		disorder" under this paragraph means a neurological condition,
10		including but not limited to, Asperger's Syndrome and autism,
11		as defined in the most recent edition of the Diagnostic and
12		Statistical Manual of Mental Disorders of the American
13		Psychiatric Association.
14		(l-1) The legislature recognizes that the best interests of
15		the child require that the child be placed in the most
16		permanent living arrangement as soon as is practically
17		possible. To achieve this goal, the legislature directs the
18		Department of Children and Family Services to conduct
19		concurrent planning so that permanency may occur at the
20		earliest opportunity. Permanent living arrangements may
21		include prevention of placement of a child outside the home of
22		the family when the child can be cared for at home without
23		endangering the child's health or safety; reunification with
24		the family, when safe and appropriate, if temporary placement
25		is necessary; or movement of the child toward the most
26		permanent living arrangement and permanent legal status.

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1		When determining reasonable efforts to be made with respect
2		to a child, as described in this subsection, and in making such
3		reasonable efforts, the child's health and safety shall be the
4		paramount concern.
5		When a child is placed in foster care, the Department shall
6		ensure and document that reasonable efforts were made to
7		prevent or eliminate the need to remove the child from the
8		child's home. The Department must make reasonable efforts to
9		reunify the family when temporary placement of the child occurs
10		unless otherwise required, pursuant to the Juvenile Court Act
11		of 1987. At any time after the dispositional hearing where the
12		Department believes that further reunification services would
13		be ineffective, it may request a finding from the court that
14		reasonable efforts are no longer appropriate. The Department is
15		not required to provide further reunification services after
16		such a finding.
17		A decision to place a child in substitute care shall be
18		made with considerations of the child's health, safety, and
19		best interests. At the time of placement, consideration should
20		also be given so that if reunification fails or is delayed, the
21		placement made is the best available placement to provide
22		permanency for the child.
23		The Department shall adopt rules addressing concurrent
24		planning for reunification and permanency. The Department
25		shall consider the following factors when determining
26		appropriateness of concurrent planning:

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1		(1) the likelihood of prompt reunification;
2		(2) the past history of the family;
3		(3) the barriers to reunification being addressed by
4		the family;
5		(4) the level of cooperation of the family;
6		(5) the foster parents' willingness to work with the
7		family to reunite;
8		(6) the willingness and ability of the foster family to
9		provide an adoptive home or long-term placement;
10		(7) the age of the child;
11		(8) placement of siblings.
12		(m) The Department may assume temporary custody of any
13		child if:
14		(1) it has received a written consent to such temporary
15		custody signed by the parents of the child or by the parent
16		having custody of the child if the parents are not living
17		together or by the guardian or custodian of the child if
18		the child is not in the custody of either parent, or
19		(2) the child is found in the State and neither a
20		parent, guardian nor custodian of the child can be located.
21		If the child is found in his or her residence without a parent,
22		guardian, custodian or responsible caretaker, the Department
23		may, instead of removing the child and assuming temporary
24		custody, place an authorized representative of the Department
25		in that residence until such time as a parent, guardian or
26		custodian enters the home and expresses a willingness and

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1		apparent ability to ensure the child's health and safety and
2		resume permanent charge of the child, or until a relative
3		enters the home and is willing and able to ensure the child's
4		health and safety and assume charge of the child until a
5		parent, guardian or custodian enters the home and expresses
6		such willingness and ability to ensure the child's safety and
7		resume permanent charge. After a caretaker has remained in the
8		home for a period not to exceed 12 hours, the Department must
9		follow those procedures outlined in Section 2-9, 3-11, 4-8, or
10		5-415 of the Juvenile Court Act of 1987.
11		The Department shall have the authority, responsibilities
12		and duties that a legal custodian of the child would have
13		pursuant to subsection (9) of Section 1-3 of the Juvenile Court
14		Act of 1987. Whenever a child is taken into temporary
15		protective custody pursuant to an investigation under the
16		Abused and Neglected Child Reporting Act, or pursuant to a
17		referral and acceptance under the Juvenile Court Act of 1987 of
18		a minor in limited custody, the Department, during the period
19		of temporary custody and before the child is brought before a
20		judicial officer as required by Section 2-9, 3-11, 4-8, or
21		5-415 of the Juvenile Court Act of 1987, shall have the
22		authority, responsibilities and duties that a legal custodian
23		of the child would have under subsection (9) of Section 1-3 of
24		the Juvenile Court Act of 1987.
25		The Department shall ensure that any child taken into
26		custody is scheduled for an appointment for a medical

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1		examination.
2		A parent, guardian or custodian of a child in the temporary
3		custody of the Department who would have custody of the child
4		if he were not in the temporary custody of the Department may
5		deliver to the Department a signed request that the Department
6		surrender the temporary custody of the child. The Department
7		may retain temporary custody of the child for 10 days after the
8		receipt of the request, during which period the Department may
9		cause to be filed a petition pursuant to the Juvenile Court Act
10		of 1987. If a petition is so filed, the Department shall retain
11		temporary custody of the child until the court orders
12		otherwise. If a petition is not filed within the 10 day period,
13		the child shall be surrendered to the custody of the requesting
14		parent, guardian or custodian not later than the expiration of
15		the 10 day period, at which time the authority and duties of
16		the Department with respect to the temporary custody of the
17		child shall terminate.
18		(m-1) The Department may place children under 18 years of
19		age in a secure child care facility licensed by the Department
20		that cares for children who are in need of secure living
21		arrangements for their health, safety, and well-being after a
22		determination is made by the facility director and the Director
23		or the Director's designate prior to admission to the facility
24		subject to Section 2-27.1 of the Juvenile Court Act of 1987.
25		This subsection (m-1) does not apply to a child who is subject
26		to placement in a correctional facility operated pursuant to

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1		Section 3-15-2 of the Unified Code of Corrections, unless the
2		child is a ward who was placed under the care of the Department
3		before being subject to placement in a correctional facility
4		and a court of competent jurisdiction has ordered placement of
5		the child in a secure care facility.
6		(n) The Department may place children under 18 years of age
7		in licensed child care facilities when in the opinion of the
8		Department, appropriate services aimed at family preservation
9		have been unsuccessful and cannot ensure the child's health and
10		safety or are unavailable and such placement would be for their
11		best interest. Payment for board, clothing, care, training and
12		supervision of any child placed in a licensed child care
13		facility may be made by the Department, by the parents or
14		guardians of the estates of those children, or by both the
15		Department and the parents or guardians, except that no
16		payments shall be made by the Department for any child placed
17		in a licensed child care facility for board, clothing, care,
18		training and supervision of such a child that exceed the
19		average per capita cost of maintaining and of caring for a
20		child in institutions for dependent or neglected children
21		operated by the Department. However, such restriction on
22		payments does not apply in cases where children require
23		specialized care and treatment for problems of severe emotional
24		disturbance, physical disability, social adjustment, or any
25		combination thereof and suitable facilities for the placement
26		of such children are not available at payment rates within the

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1		limitations set forth in this Section. All reimbursements for
2		services delivered shall be absolutely inalienable by
3		assignment, sale, attachment, garnishment or otherwise.
4		(n-1) The Department shall provide or authorize child
5		welfare services, aimed at assisting minors to achieve
6		sustainable self-sufficiency as independent adults, for any
7		minor eligible for the reinstatement of wardship pursuant to
8		subsection (2) of Section 2-33 of the Juvenile Court Act of
9		1987, whether or not such reinstatement is sought or allowed,
10		provided that the minor consents to such services and has not
11		yet attained the age of 21. The Department shall have
12		responsibility for the development and delivery of services
13		under this Section. An eligible youth may access services under
14		this Section through the Department of Children and Family
15		Services or by referral from the Department of Human Services.
16		Youth participating in services under this Section shall
17		cooperate with the assigned case manager in developing an
18		agreement identifying the services to be provided and how the
19		youth will increase skills to achieve self-sufficiency. A
20		homeless shelter is not considered appropriate housing for any
21		youth receiving child welfare services under this Section. The
22		Department shall continue child welfare services under this
23		Section to any eligible minor until the minor becomes 21 years
24		of age, no longer consents to participate, or achieves
25		self-sufficiency as identified in the minor's service plan. The
26		Department of Children and Family Services shall create clear,

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1		readable notice of the rights of former foster youth to child
2		welfare services under this Section and how such services may
3		be obtained. The Department of Children and Family Services and
4		the Department of Human Services shall disseminate this
5		information statewide. The Department shall adopt regulations
6		describing services intended to assist minors in achieving
7		sustainable self-sufficiency as independent adults.
8		(o) The Department shall establish an administrative
9		review and appeal process for children and families who request
10		or receive child welfare services from the Department. Children
11		who are wards of the Department and are placed by private child
12		welfare agencies, and foster families with whom those children
13		are placed, shall be afforded the same procedural and appeal
14		rights as children and families in the case of placement by the
15		Department, including the right to an initial review of a
16		private agency decision by that agency. The Department shall
17		insure that any private child welfare agency, which accepts
18		wards of the Department for placement, affords those rights to
19		children and foster families. The Department shall accept for
20		administrative review and an appeal hearing a complaint made by
21		(i) a child or foster family concerning a decision following an
22		initial review by a private child welfare agency or (ii) a
23		prospective adoptive parent who alleges a violation of
24		subsection (j-5) of this Section. An appeal of a decision
25		concerning a change in the placement of a child shall be
26		conducted in an expedited manner. A court determination that a

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1		current foster home placement is necessary and appropriate
2		under Section 2-28 of the Juvenile Court Act of 1987 does not
3		constitute a judicial determination on the merits of an
4		administrative appeal, filed by a former foster parent,
5		involving a change of placement decision.
6		(p) There is hereby created the Department of Children and
7		Family Services Emergency Assistance Fund from which the
8		Department may provide special financial assistance to
9		families which are in economic crisis when such assistance is
10		not available through other public or private sources and the
11		assistance is deemed necessary to prevent dissolution of the
12		family unit or to reunite families which have been separated
13		due to child abuse and neglect. The Department shall establish
14		administrative rules specifying the criteria for determining
15		eligibility for and the amount and nature of assistance to be
16		provided. The Department may also enter into written agreements
17		with private and public social service agencies to provide
18		emergency financial services to families referred by the
19		Department. Special financial assistance payments shall be
20		available to a family no more than once during each fiscal year
21		and the total payments to a family may not exceed $500 during a
22		fiscal year.
23		(q) The Department may receive and use, in their entirety,
24		for the benefit of children any gift, donation or bequest of
25		money or other property which is received on behalf of such
26		children, or any financial benefits to which such children are

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1		or may become entitled while under the jurisdiction or care of
2		the Department.
3		The Department shall set up and administer no-cost,
4		interest-bearing accounts in appropriate financial
5		institutions for children for whom the Department is legally
6		responsible and who have been determined eligible for Veterans'
7		Benefits, Social Security benefits, assistance allotments from
8		the armed forces, court ordered payments, parental voluntary
9		payments, Supplemental Security Income, Railroad Retirement
10		payments, Black Lung benefits, or other miscellaneous
11		payments. Interest earned by each account shall be credited to
12		the account, unless disbursed in accordance with this
13		subsection.
14		In disbursing funds from children's accounts, the
15		Department shall:
16		(1) Establish standards in accordance with State and
17		federal laws for disbursing money from children's
18		accounts. In all circumstances, the Department's
19		"Guardianship Administrator" or his or her designee must
20		approve disbursements from children's accounts. The
21		Department shall be responsible for keeping complete
22		records of all disbursements for each account for any
23		purpose.
24		(2) Calculate on a monthly basis the amounts paid from
25		State funds for the child's board and care, medical care
26		not covered under Medicaid, and social services; and

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1		utilize funds from the child's account, as covered by
2		regulation, to reimburse those costs. Monthly,
3		disbursements from all children's accounts, up to 1/12 of
4		$13,000,000, shall be deposited by the Department into the
5		General Revenue Fund and the balance over 1/12 of
6		$13,000,000 into the DCFS Children's Services Fund.
7		(3) Maintain any balance remaining after reimbursing
8		for the child's costs of care, as specified in item (2).
9		The balance shall accumulate in accordance with relevant
10		State and federal laws and shall be disbursed to the child
11		or his or her guardian, or to the issuing agency.
12		(r) The Department shall promulgate regulations
13		encouraging all adoption agencies to voluntarily forward to the
14		Department or its agent names and addresses of all persons who
15		have applied for and have been approved for adoption of a
16		hard-to-place or handicapped child and the names of such
17		children who have not been placed for adoption. A list of such
18		names and addresses shall be maintained by the Department or
19		its agent, and coded lists which maintain the confidentiality
20		of the person seeking to adopt the child and of the child shall
21		be made available, without charge, to every adoption agency in
22		the State to assist the agencies in placing such children for
23		adoption. The Department may delegate to an agent its duty to
24		maintain and make available such lists. The Department shall
25		ensure that such agent maintains the confidentiality of the
26		person seeking to adopt the child and of the child.

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1		(s) The Department of Children and Family Services may
2		establish and implement a program to reimburse Department and
3		private child welfare agency foster parents licensed by the
4		Department of Children and Family Services for damages
5		sustained by the foster parents as a result of the malicious or
6		negligent acts of foster children, as well as providing third
7		party coverage for such foster parents with regard to actions
8		of foster children to other individuals. Such coverage will be
9		secondary to the foster parent liability insurance policy, if
10		applicable. The program shall be funded through appropriations
11		from the General Revenue Fund, specifically designated for such
12		purposes.
13		(t) The Department shall perform home studies and
14		investigations and shall exercise supervision over visitation
15		as ordered by a court pursuant to the Illinois Marriage and
16		Dissolution of Marriage Act or the Adoption Act only if:
17		(1) an order entered by an Illinois court specifically
18		directs the Department to perform such services; and
19		(2) the court has ordered one or both of the parties to
20		the proceeding to reimburse the Department for its
21		reasonable costs for providing such services in accordance
22		with Department rules, or has determined that neither party
23		is financially able to pay.
24		The Department shall provide written notification to the
25		court of the specific arrangements for supervised visitation
26		and projected monthly costs within 60 days of the court order.

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1		The Department shall send to the court information related to
2		the costs incurred except in cases where the court has
3		determined the parties are financially unable to pay. The court
4		may order additional periodic reports as appropriate.
5		(u) In addition to other information that must be provided,
6		whenever the Department places a child with a prospective
7		adoptive parent or parents or in a licensed foster home, group
8		home, child care institution, or in a relative home, the
9		Department shall provide to the prospective adoptive parent or
10		parents or other caretaker:
11		(1) available detailed information concerning the
12		child's educational and health history, copies of
13		immunization records (including insurance and medical card
14		information), a history of the child's previous
15		placements, if any, and reasons for placement changes
16		excluding any information that identifies or reveals the
17		location of any previous caretaker;
18		(2) a copy of the child's portion of the client service
19		plan, including any visitation arrangement, and all
20		amendments or revisions to it as related to the child; and
21		(3) information containing details of the child's
22		individualized educational plan when the child is
23		receiving special education services.
24		The caretaker shall be informed of any known social or
25		behavioral information (including, but not limited to,
26		criminal background, fire setting, perpetuation of sexual

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1		abuse, destructive behavior, and substance abuse) necessary to
2		care for and safeguard the children to be placed or currently
3		in the home. The Department may prepare a written summary of
4		the information required by this paragraph, which may be
5		provided to the foster or prospective adoptive parent in
6		advance of a placement. The foster or prospective adoptive
7		parent may review the supporting documents in the child's file
8		in the presence of casework staff. In the case of an emergency
9		placement, casework staff shall at least provide known
10		information verbally, if necessary, and must subsequently
11		provide the information in writing as required by this
12		subsection.
13		The information described in this subsection shall be
14		provided in writing. In the case of emergency placements when
15		time does not allow prior review, preparation, and collection
16		of written information, the Department shall provide such
17		information as it becomes available. Within 10 business days
18		after placement, the Department shall obtain from the
19		prospective adoptive parent or parents or other caretaker a
20		signed verification of receipt of the information provided.
21		Within 10 business days after placement, the Department shall
22		provide to the child's guardian ad litem a copy of the
23		information provided to the prospective adoptive parent or
24		parents or other caretaker. The information provided to the
25		prospective adoptive parent or parents or other caretaker shall
26		be reviewed and approved regarding accuracy at the supervisory

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1		level.
2		(u-5) Effective July 1, 1995, only foster care placements
3		licensed as foster family homes pursuant to the Child Care Act
4		of 1969 shall be eligible to receive foster care payments from
5		the Department. Relative caregivers who, as of July 1, 1995,
6		were approved pursuant to approved relative placement rules
7		previously promulgated by the Department at 89 Ill. Adm. Code
8		335 and had submitted an application for licensure as a foster
9		family home may continue to receive foster care payments only
10		until the Department determines that they may be licensed as a
11		foster family home or that their application for licensure is
12		denied or until September 30, 1995, whichever occurs first.
13		(v) The Department shall access criminal history record
14		information as defined in the Illinois Uniform Conviction
15		Information Act and information maintained in the adjudicatory
16		and dispositional record system as defined in Section 2605-355
17		of the Department of State Police Law (20 ILCS 2605/2605-355)
18		if the Department determines the information is necessary to
19		perform its duties under the Abused and Neglected Child
20		Reporting Act, the Child Care Act of 1969, and the Children and
21		Family Services Act. The Department shall provide for
22		interactive computerized communication and processing
23		equipment that permits direct on-line communication with the
24		Department of State Police's central criminal history data
25		repository. The Department shall comply with all certification
26		requirements and provide certified operators who have been

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1		trained by personnel from the Department of State Police. In
2		addition, one Office of the Inspector General investigator
3		shall have training in the use of the criminal history
4		information access system and have access to the terminal. The
5		Department of Children and Family Services and its employees
6		shall abide by rules and regulations established by the
7		Department of State Police relating to the access and
8		dissemination of this information.
9		(v-1) Prior to final approval for placement of a child, the
10		Department shall conduct a criminal records background check of
11		the prospective foster or adoptive parent, including
12		fingerprint-based checks of national crime information
13		databases. Final approval for placement shall not be granted if
14		the record check reveals a felony conviction for child abuse or
15		neglect, for spousal abuse, for a crime against children, or
16		for a crime involving violence, including rape, sexual assault,
17		or homicide, but not including other physical assault or
18		battery, or if there is a felony conviction for physical
19		assault, battery, or a drug-related offense committed within
20		the past 5 years.
21		(v-2) Prior to final approval for placement of a child, the
22		Department shall check its child abuse and neglect registry for
23		information concerning prospective foster and adoptive
24		parents, and any adult living in the home. If any prospective
25		foster or adoptive parent or other adult living in the home has
26		resided in another state in the preceding 5 years, the

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1		Department shall request a check of that other state's child
2		abuse and neglect registry.
3		(w) Within 120 days of August 20, 1995 (the effective date
4		of Public Act 89-392), the Department shall prepare and submit
5		to the Governor and the General Assembly, a written plan for
6		the development of in-state licensed secure child care
7		facilities that care for children who are in need of secure
8		living arrangements for their health, safety, and well-being.
9		For purposes of this subsection, secure care facility shall
10		mean a facility that is designed and operated to ensure that
11		all entrances and exits from the facility, a building or a
12		distinct part of the building, are under the exclusive control
13		of the staff of the facility, whether or not the child has the
14		freedom of movement within the perimeter of the facility,
15		building, or distinct part of the building. The plan shall
16		include descriptions of the types of facilities that are needed
17		in Illinois; the cost of developing these secure care
18		facilities; the estimated number of placements; the potential
19		cost savings resulting from the movement of children currently
20		out-of-state who are projected to be returned to Illinois; the
21		necessary geographic distribution of these facilities in
22		Illinois; and a proposed timetable for development of such
23		facilities.
24		(x) The Department shall conduct annual credit history
25		checks to determine the financial history of children placed
26		under its guardianship pursuant to the Juvenile Court Act of

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1		1987. The Department shall conduct such credit checks starting
2		when a ward turns 12 years old and each year thereafter for the
3		duration of the guardianship as terminated pursuant to the
4		Juvenile Court Act of 1987. The Department shall determine if
5		financial exploitation of the child's personal information has
6		occurred. If financial exploitation appears to have taken place
7		or is presently ongoing, the Department shall notify the proper
8		law enforcement agency, the proper State's Attorney, or the
9		Attorney General.
10		(y) Beginning on the effective date of this amendatory Act
11		of the 96th General Assembly, a child with a disability who
12		receives residential and educational services from the
13		Department shall be eligible to receive transition services in
14		accordance with Article 14 of the School Code from the age of
15		14.5 through age 21, inclusive, notwithstanding the child's
16		residential services arrangement. For purposes of this
17		subsection, "child with a disability" means a child with a
18		disability as defined by the federal Individuals with
19		Disabilities Education Improvement Act of 2004.
20		(z) The Department shall access criminal history record
21		information as defined as "background information" in this
22		subsection and criminal history record information as defined
23		in the Illinois Uniform Conviction Information Act for each
24		Department employee or Department applicant. Each Department
25		employee or Department applicant shall submit his or her
26		fingerprints to the Department of State Police in the form and

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1		manner prescribed by the Department of State Police. These
2		fingerprints shall be checked against the fingerprint records
3		now and hereafter filed in the Department of State Police and
4		the Federal Bureau of Investigation criminal history records
5		databases. The Department of State Police shall charge a fee
6		for conducting the criminal history record check, which shall
7		be deposited into the State Police Services Fund and shall not
8		exceed the actual cost of the record check. The Department of
9		State Police shall furnish, pursuant to positive
10		identification, all Illinois conviction information to the
11		Department of Children and Family Services.
12		For purposes of this subsection:
13		"Background information" means all of the following:
14		(i) Upon the request of the Department of Children and
15		Family Services, conviction information obtained from the
16		Department of State Police as a result of a
17		fingerprint-based criminal history records check of the
18		Illinois criminal history records database and the Federal
19		Bureau of Investigation criminal history records database
20		concerning a Department employee or Department applicant.
21		(ii) Information obtained by the Department of
22		Children and Family Services after performing a check of
23		the Department of State Police's Sex Offender Database, as
24		authorized by Section 120 of the Sex Offender Community
25		Notification Law, concerning a Department employee or
26		Department applicant.

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1		(iii) Information obtained by the Department of
2		Children and Family Services after performing a check of
3		the Child Abuse and Neglect Tracking System (CANTS)
4		operated and maintained by the Department.
5		"Department employee" means a full-time or temporary
6		employee coded or certified within the State of Illinois
7		Personnel System.
8		"Department applicant" means an individual who has
9		conditional Department full-time or part-time work, a
10		contractor, an individual used to replace or supplement staff,
11		an academic intern, a volunteer in Department offices or on
12		Department contracts, a work-study student, an individual or
13		entity licensed by the Department, or an unlicensed service
14		provider who works as a condition of a contract or an agreement
15		and whose work may bring the unlicensed service provider into
16		contact with Department clients or client records.
17		(Source: P.A. 97-1150, eff. 1-25-13; 98-249, eff. 1-1-14;
18		98-570, eff. 8-27-13; 98-756, eff. 7-16-14; 98-803, eff.
19		1-1-15.)
20		Section 10. The Abused and Neglected Child Reporting Act is
21		amended by changing Section 5 as follows:
22		(325 ILCS 5/5) (from Ch. 23, par. 2055)
23		Sec. 5. An officer of a local law enforcement agency,
24		designated employee of the Department, or a physician treating

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1		a child may take or retain temporary protective custody of the
2		child without the consent of the person responsible for the
3		child's welfare, if (1) he has reason to believe that the child
4		cannot be cared for at home or in the custody of the person
5		responsible for the child's welfare without endangering the
6		child's health or safety; and (2) there is not time to apply
7		for a court order under the Juvenile Court Act of 1987 for
8		temporary custody of the child. The person taking or retaining
9		a child in temporary protective custody shall immediately make
10		every reasonable effort to notify the person responsible for
11		the child's welfare and shall immediately notify the
12		Department. The Department shall provide to the temporary
13		caretaker of a child any information in the Department's
14		possession concerning the positive results of a test performed
15		on the child to determine the presence of the antibody or
16		antigen to Human Immunodeficiency Virus (HIV), or of HIV
17		infection, as well as any communicable diseases or communicable
18		infections that the child has. The temporary caretaker of a
19		child shall not disclose to another person any information
20		received by the temporary caretaker from the Department
21		concerning the results of a test performed on the child to
22		determine the presence of the antibody or antigen to HIV, or of
23		HIV infection, except pursuant to Section 9 of the AIDS
24		Confidentiality Act, as now or hereafter amended. The
25		Department shall promptly initiate proceedings under the
26		Juvenile Court Act of 1987 for the continued temporary custody

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1		of the child.
2		Where the physician keeping a child in his custody does so
3		in his capacity as a member of the staff of a hospital or
4		similar institution, he shall notify the person in charge of
5		the institution or his designated agent, who shall then become
6		responsible for the further care of such child in the hospital
7		or similar institution under the direction of the Department.
8		Said care includes, but is not limited to the granting of
9		permission to perform emergency medical treatment to a minor
10		where the treatment itself does not involve a substantial risk
11		of harm to the minor and the failure to render such treatment
12		will likely result in death or permanent harm to the minor, and
13		there is not time to apply for a court order under the Juvenile
14		Court Act of 1987.
15		Any person authorized and acting in good faith in the
16		removal of a child under this Section shall have immunity from
17		any liability, civil or criminal that might otherwise be
18		incurred or imposed as a result of such removal. Any physician
19		authorized and acting in good faith and in accordance with
20		acceptable medical practice in the treatment of a child under
21		this Section shall have immunity from any liability, civil or
22		criminal, that might otherwise be incurred or imposed as a
23		result of granting permission for emergency treatment.
24		With respect to any child taken into temporary protective
25		custody pursuant to this Section, the Department of Children
26		and Family Services Guardianship Administrator or his designee

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1		shall be deemed the child's legally authorized representative
2		in the following instances: (i) for purposes of consenting to
3		emergency medical treatment for the child if the treatment
4		itself does not involve a substantial risk of harm to the
5		child, the failure to render such treatment will likely result
6		in death or permanent harm to the child, and there is not time
7		to apply for a court order under the Juvenile Court Act of
8		1987; (ii) for purposes of consenting to an initial health
9		screening for the child within 24 hours after the child is
10		taken into temporary protective custody, or to any ordinary and
11		routine care for the child that may be necessary and
12		appropriate, or to an HIV test if deemed necessary and
13		appropriate by the Department's Guardianship Administrator or
14		designee and obtaining and disclosing information concerning
15		such test pursuant to the AIDS Confidentiality Act if deemed
16		necessary and appropriate by the Department's Guardianship
17		Administrator or designee; and (iii) for purposes of consenting
18		to the release of information pursuant to the Illinois Sexually
19		Transmissible Disease Control Act if deemed necessary and
20		appropriate by the Department's Guardianship Administrator or
21		designee.
22		Any person who administers an HIV test upon the consent of
23		the Department of Children and Family Services Guardianship
24		Administrator or his designee, or who discloses the results of
25		such tests to the Department's Guardianship Administrator or
26		his designee, shall have immunity from any liability, civil,

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1		criminal or otherwise, that might result by reason of such
2		actions. For the purpose of any proceedings, civil or criminal,
3		the good faith of any persons required to administer or
4		disclose the results of tests, or permitted to take such
5		actions, shall be presumed.
6		(Source: P.A. 90-28, eff. 1-1-98.)