99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB3119

Introduced , by Rep. Tom Demmer

SYNOPSIS AS INTRODUCED:

`20 ILCS 505/5`	`from Ch. 23, par. 5005`
`325 ILCS 5/5`	`from Ch. 23, par. 2055`

Amends the Children and Family Services Act and the Abused and Neglected Child Reporting Act. Adds the following instances in which the

Department of Children and Family Services shall be deemed a child's

legally authorized
representative: (i) for purposes of consenting to

emergency medical treatment for the child if the treatment itself does not involve a substantial risk of harm to the child, the failure to render such treatment will likely result in death or permanent harm to the child, and there is not time to apply for a court order under the Juvenile Court Act of 1987; and (ii) for purposes of consenting to an initial health screening for the child within 24 hours after the child is taken into temporary protective custody, or to any ordinary and routine care for the child that may be necessary and appropriate.

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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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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 toan 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.)