There Is a Newer Version of the Illinois Compiled Statutes
2005 Illinois Code - Chapter 20 Executive Branch 20 ILCS 505/ Children and Family Services Act.
(20 ILCS 505/1) (from Ch. 23, par. 5001)
Sec. 1.
The purpose of this Act is to create a Department of Children and
Family Services to provide social services to children and their families,
to operate children's institutions, and to provide certain other
rehabilitative and residential services as enumerated in this Act.
It is the intent of this Act that the child welfare services herein provided
do not release the parent or guardian from responsibility to provide for
the financial support of their children.
This primary and continuing responsibility applies whether the family unit
of parents and children remain intact and reside in a common household or
whether the unit has been temporarily broken by reason of child abuse, neglect,
dependency or other reasons necessitating state care and training.
It is the purpose of this Act to provide for determination for the appropriate
level of support, from parents given their financial circumstances.
(Source: P.A. 83‑1037.)
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(20 ILCS 505/1.1) (from Ch. 23, par. 5001.1)
Sec. 1.1.
This Act shall be known and may be cited as the Children and Family Services Act.
(Source: P.A. 86‑820.)
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(20 ILCS 505/2) (from Ch. 23, par. 5002)
Sec. 2.
In addition to the powers and duties otherwise provided by law, the
Department shall have the powers enumerated in Sections 3 through 34.12
inclusive, except as otherwise provided in those Sections.
(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(20 ILCS 505/2.1)
Sec. 2.1.
The Department shall ensure a sufficient
number of placement and other resources of sufficient quality and variety to
meet the needs of children and families as specified in the individual case
plan in Sec. 6a of this Act. Nothing in this Sec. shall
be construed to create a private right of action or a judicially enforceable
claim on the part of any individual or agency.
(Source: P.A. 88‑614, eff. 9‑7‑94.)
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(20 ILCS 505/3) (from Ch. 23, par. 5003)
Sec. 3.
To establish such subdivisions of the Department as shall be
desirable and assign to the various subdivisions the responsibilities and
duties placed upon the Department by the Laws of the State of Illinois.
(Source: Laws 1963, p. 1061.)
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(20 ILCS 505/4) (from Ch. 23, par. 5004)
Sec. 4.
To make all rules necessary for the execution of its powers.
The
superintendent of each institution and division of the Department shall
make such special rules as may be needed, subject to the approval of the
Director. The provisions of the Illinois Administrative Procedure Act are
hereby expressly adopted and shall apply to all administrative rules and
procedures of the Department of Children and Family Services under this Act,
except that Section 5‑35 of the Illinois Administrative Procedure Act relating
to procedures for rule‑making does not apply to the adoption of any rule
required by federal law in connection with which the Department is precluded by
law from exercising any discretion.
(Source: P.A. 88‑45.)
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(20 ILCS 505/4a) (from Ch. 23, par. 5004a)
Sec. 4a.
(a) To administer child abuse prevention shelters and service
programs for abused and neglected children, or provide for their administration
by not‑for‑profit corporations, community‑based organizations or units of
local government.
The Department is hereby designated the single State agency for
planning and coordination of child abuse and neglect prevention programs
and services. On or before the first Friday in April of each year, the
Department shall submit to the Governor and the General Assembly a State
comprehensive child abuse and neglect prevention plan. The plan shall:
identify priorities, goals and objectives; identify the resources necessary
to implement the plan, including estimates of resources needed to
investigate or otherwise process reports of suspected child abuse or
neglect and to provide necessary follow‑up services for child protection,
family preservation and family reunification in "indicated" cases as
determined under the Abused and Neglected Child Reporting Act; make
proposals for the most effective use of existing resources to implement the
plan, including recommendations for the optimum use of private, local
public, State and federal resources; and propose strategies for the
development of additional resources to meet the goal of reducing the
incidence of child abuse and neglect and reducing the number of
reports of suspected child abuse and neglect made to the Department.
(b) The administration of child abuse prevention, shelters and service
programs under subsection (a) shall be funded in part by
appropriations made from the Child Abuse Prevention Fund, which is hereby
created in the State Treasury, and in part by appropriations from the
General Revenue Fund. All interest earned on monies in the Child Abuse
Prevention Fund shall remain in such fund. The Department and the State
Treasurer may accept funds as provided by Sections 507 and 508 of the
Illinois Income Tax Act and unsolicited private donations for deposit into
the Child Abuse Prevention Fund. Annual requests for appropriations for the
purpose of providing child abuse and neglect prevention programs and
services under this Section shall be made in separate and distinct
line‑items. In setting priorities for the direction and
scope of such programs, the Director shall be advised by the State‑wide
Citizen's Committee on Child Abuse and Neglect.
(c) Where the Department contracts with outside agencies to operate the
shelters or programs, such outside agencies may receive funding from the
Department, except that the shelters must certify a 20% financial match
for operating expenses of their programs. In
selecting the outside agencies to administer child shelters and service
programs, and in allocating funds for such agencies, the Department shall
give priority to new and existing shelters or programs offering the
broadest range of services to the community served.
(d) The Department shall have the power to make grants of monies to fund
comprehensive community‑based services to reduce the incidence of family
dysfunction typified by child abuse and neglect; to diminish those
factors found to increase family dysfunction; and to measure the effectiveness
and costs of such services.
(e) For implementing such intergovernmental cooperation and
involvement, units of local government and public and private agencies may
apply for and receive federal or State funds from the Department under this
Act or seek and receive gifts from local philanthropic or other private
local sources in order to augment any State funds appropriated for the
purposes of this Act.
(f) For the purposes of this Section:
(1) The terms "abused child" and "neglected child" have meanings ascribed
to them in Section 3 of the Abused and Neglected Child Reporting Act.
(2) "Shelter" has the meaning ascribed to it in Section 1‑3
of the Juvenile Court Act of 1987.
(Source: P.A. 85‑1209.)
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(20 ILCS 505/4b)
Sec. 4b. Youth transitional housing programs. The Department may license
youth transitional housing programs. For the purposes of this Section, "youth transitional housing program" means a program that provides shelter
or housing to homeless minors who are at least 16 years of age but less than 18
years of age and who are granted partial emancipation under the Emancipation of
Minors Act. The Department shall adopt rules governing the licensure of those
programs.
(Source: P.A. 93‑105, eff. 7‑8‑03; 93‑798, eff. 1‑1‑05.)
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(20 ILCS 505/5)
(from Ch. 23, par. 5005)
Sec. 5.
Direct child welfare services; Department of Children and Family
Services.
To provide direct child welfare services when not available
through other public or private child care or program facilities.
(a) For purposes of this Section:
(1) "Children" means persons found within the State
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(A) were committed to the Department pursuant to | ||
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(B) were accepted for care, service and | ||
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(2) "Homeless youth" means persons found within the | ||
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(3) "Child welfare services" means public social | ||
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(A) protecting and promoting the health, safety | ||
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(B) remedying, or assisting in the solution of | ||
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(C) preventing the unnecessary separation of | ||
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(D) restoring to their families children who | ||
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(E) placing children in suitable adoptive homes, | ||
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(F) assuring safe and adequate care of children | ||
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(G) (blank);
(H) (blank); and
(I) placing and maintaining children in | ||
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(i) who are in a foster home, or
(ii) who are persons with a developmental | ||
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(iii) who are female children who are | ||
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(iv) who are siblings, in facilities that | ||
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(b) Nothing in this Section shall be construed to authorize the
expenditure of public funds for the purpose of performing abortions.
(c) The Department shall establish and maintain tax‑supported child
welfare services and extend and seek to improve voluntary services
throughout the State, to the end that services and care shall be available
on an equal basis throughout the State to children requiring such services.
(d) The Director may authorize advance disbursements for any new program
initiative to any agency contracting with the Department. As a
prerequisite for an advance disbursement, the contractor must post a
surety bond in the amount of the advance disbursement and have a
purchase of service contract approved by the Department. The Department
may pay up to 2 months operational expenses in advance. The amount of the
advance disbursement shall be prorated over the life of the contract
or the remaining months of the fiscal year, whichever is less, and the
installment amount shall then be deducted from future bills. Advance
disbursement authorizations for new initiatives shall not be made to any
agency after that agency has operated during 2 consecutive fiscal years.
The requirements of this Section concerning advance disbursements shall
not apply with respect to the following: payments to local public agencies
for child day care services as authorized by Section 5a of this Act; and
youth service programs receiving grant funds under Section 17a‑4.
(e) (Blank).
(f) (Blank).
(g) The Department shall establish rules and regulations concerning
its operation of programs designed to meet the goals of child safety and
protection,
family preservation, family reunification, and adoption, including but not
limited to:
(1) adoption;
(2) foster care;
(3) family counseling;
(4) protective services;
(5) (blank);
(6) homemaker service;
(7) return of runaway children;
(8) (blank);
(9) placement under Section 5‑7 of the Juvenile | ||
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(10) interstate services.
Rules and regulations established by the Department shall include
provisions for training Department staff and the staff of Department
grantees, through contracts with other agencies or resources, in alcohol
and drug abuse screening techniques approved by the Department of Human
Services, as a successor to the Department of Alcoholism and Substance Abuse,
for the purpose of identifying children and adults who
should be referred to an alcohol and drug abuse treatment program for
professional evaluation.
(h) If the Department finds that there is no appropriate program or
facility within or available to the Department for a ward and that no
licensed private facility has an adequate and appropriate program or none
agrees to accept the ward, the Department shall create an appropriate
individualized, program‑oriented plan for such ward. The
plan may be developed within the Department or through purchase of services
by the Department to the extent that it is within its statutory authority
to do.
(i) Service programs shall be available throughout the State and shall
include but not be limited to the following services:
(1) case management;
(2) homemakers;
(3) counseling;
(4) parent education;
(5) day care; and
(6) emergency assistance and advocacy.
In addition, the following services may be made available to assess and
meet the needs of children and families:
(1) comprehensive family‑based services;
(2) assessments;
(3) respite care; and
(4) in‑home health services.
The Department shall provide transportation for any of the services it
makes available to children or families or for which it refers children
or families.
(j) The Department may provide categories of financial assistance and
education assistance grants, and shall
establish rules and regulations concerning the assistance and grants, to
persons who
adopt physically or mentally handicapped, older and other hard‑to‑place
children who (i) immediately prior to their adoption were legal wards of
the Department
or (ii) were determined eligible for financial assistance with respect to a
prior adoption and who become available for adoption because the
prior adoption has been dissolved and the parental rights of the adoptive
parents have been
terminated or because the child's adoptive parents have died.
The Department may, subject to federal financial participation in the cost, continue to provide financial assistance and education assistance grants for a child who was determined eligible for financial assistance under this subsection (j) in the interim period beginning when the child's adoptive parents died and ending with the finalization of the new adoption of the child by another adoptive parent or parents. The Department may also provide categories of financial
assistance and education assistance grants, and
shall establish rules and regulations for the assistance and grants, to persons
appointed guardian of the person under Section 5‑7 of the Juvenile Court
Act or Section 2‑27, 3‑28, 4‑25 or 5‑740 of the Juvenile Court Act of 1987
for children who were wards of the Department for 12 months immediately
prior to the appointment of the guardian.
The amount of assistance may vary, depending upon the needs of the child
and the adoptive parents,
as set forth in the annual
assistance agreement. Special purpose grants are allowed where the child
requires special service but such costs may not exceed the amounts
which similar services would cost the Department if it were to provide or
secure them as guardian of the child.
Any financial assistance provided under this subsection is
inalienable by assignment, sale, execution, attachment, garnishment, or any
other remedy for recovery or collection of a judgment or debt.
(j‑5) The Department shall not deny or delay the placement of a child for
adoption
if an approved family is available either outside of the Department region
handling the case,
or outside of the State of Illinois.
(k) The Department shall accept for care and training any child who has
been adjudicated neglected or abused, or dependent committed to it pursuant
to the Juvenile Court Act or the Juvenile Court Act of 1987.
(l) Before July 1, 2000, the Department may provide, and beginning
July 1, 2000, the Department shall
offer family preservation services, as defined in Section 8.2 of the Abused
and
Neglected Child
Reporting Act, to help families, including adoptive and extended families.
Family preservation
services shall be offered (i) to prevent the
placement
of children in
substitute care when the children can be cared for at home or in the custody of
the person
responsible for the children's welfare,
(ii) to
reunite children with their families, or (iii) to
maintain an adoptive placement. Family preservation services shall only be
offered when doing so will not endanger the children's health or safety. With
respect to children who are in substitute care pursuant to the Juvenile Court
Act of 1987, family preservation services shall not be offered if a goal other
than those of subdivisions (A), (B), or (B‑1) of subsection (2) of Section 2‑28
of
that Act has been set.
Nothing in this paragraph shall be construed to create a private right of
action or claim on the part of any individual or child welfare agency.
The Department shall notify the child and his family of the
Department's
responsibility to offer and provide family preservation services as
identified in the service plan. The child and his family shall be eligible
for services as soon as the report is determined to be "indicated". The
Department may offer services to any child or family with respect to whom a
report of suspected child abuse or neglect has been filed, prior to
concluding its investigation under Section 7.12 of the Abused and Neglected
Child Reporting Act. However, the child's or family's willingness to
accept services shall not be considered in the investigation. The
Department may also provide services to any child or family who is the
subject of any report of suspected child abuse or neglect or may refer such
child or family to services available from other agencies in the community,
even if the report is determined to be unfounded, if the conditions in the
child's or family's home are reasonably likely to subject the child or
family to future reports of suspected child abuse or neglect. Acceptance
of such services shall be voluntary.
The Department may, at its discretion except for those children also
adjudicated neglected or dependent, accept for care and training any child
who has been adjudicated addicted, as a truant minor in need of
supervision or as a minor requiring authoritative intervention, under the
Juvenile Court Act or the Juvenile Court Act of 1987, but no such child
shall be committed to the Department by any court without the approval of
the Department. A minor charged with a criminal offense under the Criminal
Code of 1961 or adjudicated delinquent shall not be placed in the custody of or
committed to the Department by any court, except a minor less than 13 years
of age committed to the Department under Section 5‑710 of the Juvenile Court
Act
of 1987.
(l‑1) The legislature recognizes that the best interests of the child
require that
the child be placed in the most permanent living arrangement as soon as is
practically
possible. To achieve this goal, the legislature directs the Department of
Children and
Family Services to conduct concurrent planning so that permanency may occur at
the
earliest opportunity. Permanent living arrangements may include prevention of
placement of a child outside the home of the family when the child can be cared
for at
home without endangering the child's health or safety; reunification with the
family,
when safe and appropriate, if temporary placement is necessary; or movement of
the child
toward the most permanent living arrangement and permanent legal status.
When determining reasonable efforts to be made with respect to a child, as
described in this
subsection, and in making such reasonable efforts, the child's health and
safety shall be the
paramount concern.
When a child is placed in foster care, the Department shall ensure and
document that reasonable efforts were made to prevent or eliminate the need to
remove the child from the child's home. The Department must make
reasonable efforts to reunify the family when temporary placement of the child
occurs
unless otherwise required, pursuant to the Juvenile Court Act of 1987.
At any time after the dispositional hearing where the Department believes
that further reunification services would be ineffective, it may request a
finding from the court that reasonable efforts are no longer appropriate. The
Department is not required to provide further reunification services after such
a
finding.
A decision to place a child in substitute care shall be made with
considerations of the child's health, safety, and best interests. At the
time of placement, consideration should also be given so that if reunification
fails or is delayed, the placement made is the best available placement to
provide permanency for the child.
The Department shall adopt rules addressing concurrent planning for
reunification and permanency. The Department shall consider the following
factors when determining appropriateness of concurrent planning:
(1) the likelihood of prompt reunification;
(2) the past history of the family;
(3) the barriers to reunification being addressed by | ||
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(4) the level of cooperation of the family;
(5) the foster parents' willingness to work with the | ||
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(6) the willingness and ability of the foster family | ||
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(7) the age of the child;
(8) placement of siblings.
(m) The Department may assume temporary custody of any child if:
(1) it has received a written consent to such | ||
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(2) the child is found in the State and neither a | ||
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If the child is found in his or her residence without a parent, guardian,
custodian or responsible caretaker, the Department may, instead of removing
the child and assuming temporary custody, place an authorized
representative of the Department in that residence until such time as a
parent, guardian or custodian enters the home and expresses a willingness
and apparent ability to ensure the child's health and safety and resume
permanent
charge of the child, or until a
relative enters the home and is willing and able to ensure the child's health
and
safety and assume charge of the
child until a parent, guardian or custodian enters the home and expresses
such willingness and ability to ensure the child's safety and resume
permanent charge. After a caretaker has remained in the home for a period not
to exceed 12 hours, the Department must follow those procedures outlined in
Section 2‑9, 3‑11, 4‑8, or 5‑415 of the Juvenile Court Act
of 1987.
The Department shall have the authority, responsibilities and duties that
a legal custodian of the child would have pursuant to subsection (9) of
Section 1‑3 of the Juvenile Court Act of 1987. Whenever a child is taken
into temporary custody pursuant to an investigation under the Abused and
Neglected Child Reporting Act, or pursuant to a referral and acceptance
under the Juvenile Court Act of 1987 of a minor in limited custody, the
Department, during the period of temporary custody and before the child
is brought before a judicial officer as required by Section 2‑9, 3‑11,
4‑8, or 5‑415 of the Juvenile Court Act of 1987, shall have
the authority, responsibilities and duties that a legal custodian of the child
would have under subsection (9) of Section 1‑3 of the Juvenile Court Act of
1987.
The Department shall ensure that any child taken into custody
is scheduled for an appointment for a medical examination.
A parent, guardian or custodian of a child in the temporary custody of the
Department who would have custody of the child if he were not in the
temporary custody of the Department may deliver to the Department a signed
request that the Department surrender the temporary custody of the child.
The Department may retain temporary custody of the child for 10 days after
the receipt of the request, during which period the Department may cause to
be filed a petition pursuant to the Juvenile Court Act of 1987. If a
petition is so filed, the Department shall retain temporary custody of the
child until the court orders otherwise. If a petition is not filed within
the 10 day period, the child shall be surrendered to the custody of the
requesting parent, guardian or custodian not later than the expiration of
the 10 day period, at which time the authority and duties of the Department
with respect to the temporary custody of the child shall terminate.
(m‑1) The Department may place children under 18 years of age in a secure
child care facility licensed by the Department that cares for children who are
in need of secure living arrangements for their health, safety, and well‑being
after a determination is made by the facility director and the Director or the
Director's designate prior to admission to the facility subject to Section
2‑27.1 of the Juvenile Court Act of 1987. This subsection (m‑1) does not apply
to a child who is subject to placement in a correctional facility operated
pursuant to Section 3‑15‑2 of the Unified Code of Corrections, unless the
child is a ward who was placed under the care of the Department before being
subject to placement in a correctional facility and a court of competent
jurisdiction has ordered placement of the child in a secure care facility.
(n) The Department may place children under 18 years of age in
licensed child care facilities when in the opinion of the Department,
appropriate services aimed at family preservation have been unsuccessful and
cannot ensure the child's health and safety or are unavailable and such
placement would be for their best interest. Payment
for board, clothing, care, training and supervision of any child placed in
a licensed child care facility may be made by the Department, by the
parents or guardians of the estates of those children, or by both the
Department and the parents or guardians, except that no payments shall be
made by the Department for any child placed in a licensed child care
facility for board, clothing, care, training and supervision of such a
child that exceed the average per capita cost of maintaining and of caring
for a child in institutions for dependent or neglected children operated by
the Department. However, such restriction on payments does not apply in
cases where children require specialized care and treatment for problems of
severe emotional disturbance, physical disability, social adjustment, or
any combination thereof and suitable facilities for the placement of such
children are not available at payment rates within the limitations set
forth in this Section. All reimbursements for services delivered shall be
absolutely inalienable by assignment, sale, attachment, garnishment or
otherwise.
(o) The Department shall establish an administrative review and appeal
process for children and families who request or receive child welfare
services from the Department. Children who are wards of the Department and
are placed by private child welfare agencies, and foster families with whom
those children are placed, shall be afforded the same procedural and appeal
rights as children and families in the case of placement by the Department,
including the right to an initial review of a private agency decision by
that agency. The Department shall insure that any private child welfare
agency, which accepts wards of the Department for placement, affords those
rights to children and foster families. The Department shall accept for
administrative review and an appeal hearing a complaint made by (i) a child
or foster family concerning a decision following an initial review by a
private child welfare agency or (ii) a prospective adoptive parent who alleges
a violation of subsection (j‑5) of this Section. An appeal of a decision
concerning a change in the placement of a child shall be conducted in an
expedited manner.
(p) There is hereby created the Department of Children and Family
Services Emergency Assistance Fund from which the Department may provide
special financial assistance to families which are in economic crisis when
such assistance is not available through other public or private sources
and the assistance is deemed necessary to prevent dissolution of the family
unit or to reunite families which have been separated due to child abuse and
neglect. The Department shall establish administrative rules specifying
the criteria for determining eligibility for and the amount and nature of
assistance to be provided. The Department may also enter into written
agreements with private and public social service agencies to provide
emergency financial services to families referred by the Department.
Special financial assistance payments shall be available to a family no
more than once during each fiscal year and the total payments to a
family may not exceed $500 during a fiscal year.
(q) The Department may receive and use, in their entirety, for the
benefit of children any gift, donation or bequest of money or other
property which is received on behalf of such children, or any financial
benefits to which such children are or may become entitled while under
the jurisdiction or care of the Department.
The Department shall set up and administer no‑cost, interest‑bearing accounts in appropriate financial institutions
for children for whom the Department is legally responsible and who have been
determined eligible for Veterans' Benefits, Social Security benefits,
assistance allotments from the armed forces, court ordered payments, parental
voluntary payments, Supplemental Security Income, Railroad Retirement
payments, Black Lung benefits, or other miscellaneous payments. Interest
earned by each account shall be credited to the account, unless
disbursed in accordance with this subsection.
In disbursing funds from children's accounts, the Department
shall:
(1) Establish standards in accordance with State and | ||
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(2) Calculate on a monthly basis the amounts paid | ||
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(3) Maintain any balance remaining after reimbursing | ||
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(r) The Department shall promulgate regulations encouraging all adoption
agencies to voluntarily forward to the Department or its agent names and
addresses of all persons who have applied for and have been approved for
adoption of a hard‑to‑place or handicapped child and the names of such
children who have not been placed for adoption. A list of such names and
addresses shall be maintained by the Department or its agent, and coded
lists which maintain the confidentiality of the person seeking to adopt the
child and of the child shall be made available, without charge, to every
adoption agency in the State to assist the agencies in placing such
children for adoption. The Department may delegate to an agent its duty to
maintain and make available such lists. The Department shall ensure that
such agent maintains the confidentiality of the person seeking to adopt the
child and of the child.
(s) The Department of Children and Family Services may establish and
implement a program to reimburse Department and private child welfare
agency foster parents licensed by the Department of Children and Family
Services for damages sustained by the foster parents as a result of the
malicious or negligent acts of foster children, as well as providing third
party coverage for such foster parents with regard to actions of foster
children to other individuals. Such coverage will be secondary to the
foster parent liability insurance policy, if applicable. The program shall
be funded through appropriations from the General Revenue Fund,
specifically designated for such purposes.
(t) The Department shall perform home studies and investigations and
shall exercise supervision over visitation as ordered by a court pursuant
to the Illinois Marriage and Dissolution of Marriage Act or the Adoption
Act only if:
(1) an order entered by an Illinois court | ||
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(2) the court has ordered one or both of the parties | ||
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The Department shall provide written notification to the court of the
specific arrangements for supervised visitation and projected monthly costs
within 60 days of the court order. The Department shall send to the court
information related to the costs incurred except in cases where the court
has determined the parties are financially unable to pay. The court may
order additional periodic reports as appropriate.
(u) Whenever the Department places a child in a licensed foster home,
group home, child care institution, or in a relative home, the Department
shall provide to the caretaker:
(1) available detailed information concerning the | ||
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(2) a copy of the child's portion of the client | ||
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(3) information containing details of the child's | ||
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The caretaker shall be informed of any known social or behavioral
information (including, but not limited to, criminal background, fire
setting, perpetuation of
sexual abuse, destructive behavior, and substance abuse) necessary to care
for and safeguard the child.
(u‑5) Effective July 1, 1995, only foster care placements licensed as
foster family homes pursuant to the Child Care Act of 1969 shall be eligible to
receive foster care payments from the Department.
Relative caregivers who, as of July 1, 1995, were approved pursuant to approved
relative placement rules previously promulgated by the Department at 89 Ill.
Adm. Code 335 and had submitted an application for licensure as a foster family
home may continue to receive foster care payments only until the Department
determines that they may be licensed as a foster family home or that their
application for licensure is denied or until September 30, 1995, whichever
occurs first.
(v) The Department shall access criminal history record information
as defined in the Illinois Uniform Conviction Information Act and information
maintained in the adjudicatory and dispositional record system as defined in
Section 2605‑355 of the
Department of State Police Law (20 ILCS 2605/2605‑355)
if the Department determines the information is necessary to perform its duties
under the Abused and Neglected Child Reporting Act, the Child Care Act of 1969,
and the Children and Family Services Act. The Department shall provide for
interactive computerized communication and processing equipment that permits
direct on‑line communication with the Department of State Police's central
criminal history data repository. The Department shall comply with all
certification requirements and provide certified operators who have been
trained by personnel from the Department of State Police. In addition, one
Office of the Inspector General investigator shall have training in the use of
the criminal history information access system and have
access to the terminal. The Department of Children and Family Services and its
employees shall abide by rules and regulations established by the Department of
State Police relating to the access and dissemination of
this information.
(w) Within 120 days of August 20, 1995 (the effective date of Public Act
89‑392), the Department shall prepare and submit to the Governor and the
General Assembly, a written plan for the development of in‑state licensed
secure child care facilities that care for children who are in need of secure
living
arrangements for their health, safety, and well‑being. For purposes of this
subsection, secure care facility shall mean a facility that is designed and
operated to ensure that all entrances and exits from the facility, a building
or a distinct part of the building, are under the exclusive control of the
staff of the facility, whether or not the child has the freedom of movement
within the perimeter of the facility, building, or distinct part of the
building. The plan shall include descriptions of the types of facilities that
are needed in Illinois; the cost of developing these secure care facilities;
the estimated number of placements; the potential cost savings resulting from
the movement of children currently out‑of‑state who are projected to be
returned to Illinois; the necessary geographic distribution of these
facilities in Illinois; and a proposed timetable for development of such
facilities.
(Source: P.A. 94‑215, eff. 1‑1‑06.)
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(20 ILCS 505/5a) (from Ch. 23, par. 5005a)
Sec. 5a.
Reimbursable services for which the Department of Children and
Family Services shall pay 100% of the reasonable cost pursuant to a written
contract negotiated between the Department and the agency furnishing the
services (which shall include but not be limited to the determination of
reasonable cost, the services being purchased and the duration of the
agreement) include, but are not limited to:
SERVICE ACTIVITIES Adjunctive Therapy; Child Care Service, including day care; Clinical Therapy; Custodial Service; Field Work Students; Food Service; Normal Education; In‑Service Training; Intake or Evaluation, or both; Medical Services; Recreation; Social Work or Counselling, or both; Supportive Staff; Volunteers.
OBJECT EXPENSES Professional Fees and Contract Service Payments; Supplies; Telephone and Telegram; Occupancy; Local Transportation; Equipment and Other Fixed Assets, including amortization of same; Miscellaneous.
ADMINISTRATIVE COSTS Program Administration; Supervision and Consultation; Inspection and Monitoring for purposes of issuing licenses; Determination of Children who are eligible for federal or other reimbursement; Postage and Shipping; Outside Printing, Artwork, etc.; Subscriptions and Reference Publications; Management and General Expense.
Reimbursement of administrative costs other than inspection and monitoring
for purposes of issuing licenses may not exceed 20% of the costs
for other services.
All Object Expenses, Service Activities and Administrative
Costs are allowable.
If a survey instrument is used in the rate setting process:
(a) with respect to any day care centers, it shall | ||
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(b) the cost survey instrument shall be promulgated | ||
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(c) any requirements of the respondents shall be | ||
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(d) all screens, limits or other tests of | ||
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(e) adjustments may be made by the Department to | ||
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The Department of Children and Family Services may pay 100% of the
reasonable costs of research and valuation
focused exclusively on services to wards of the Department. Such research projects must be approved, in advance, by
the Director of the Department.
In addition to reimbursements otherwise provided for in this Section,
the Department of Human Services shall, in accordance with annual written
agreements, make
advance quarterly disbursements to local public agencies for child day care
services with funds appropriated from the Local Effort Day Care Fund.
Neither the Department of Children and Family Services nor the
Department of Human Services shall pay or approve reimbursement for
day care in a facility which is operating without a valid license or permit,
except in the case of day care homes or day care centers which are exempt from
the licensing requirements of the "Child Care Act of 1969".
(Source: P.A. 89‑507, eff. 7‑1‑97 .)
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(20 ILCS 505/5b) (from Ch. 23, par. 5005b)
Sec. 5b.
Child Care and Development Fund; Department of Human Services.
(a) Until October 1, 1998: The Child Care and Development Fund is
hereby created as a special fund in the State treasury. Deposits to this fund
shall consist of receipts from the federal government under the Child Care and
Development Block Grant Program. Disbursements from the Child Care and
Development Fund shall be made by the Department of Human Services in
accordance with the guidelines established by the federal government for the
Child Care and Development Block Grant Program, subject to appropriation by the
General Assembly.
(b) The Child Care and Development Fund is abolished on October 1, 1998,
and any balance remaining in the Fund on that date shall be transferred to
the Special Purposes Trust Fund described in Section 12‑10 of the Illinois
Public Aid Code.
(Source: P.A. 89‑507, eff. 7‑1‑97; 90‑587, eff. 7‑1‑98.)
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(20 ILCS 505/5c)
Sec. 5c.
Direct child welfare service employee license.
(a) By January 1,
2000, the Department, in consultation with private child welfare agencies,
shall develop and implement a direct child welfare service employee license.
By January 1, 2001 all child protective investigators and supervisors and child
welfare specialists and supervisors employed by the Department or its
contractors shall be required to demonstrate sufficient knowledge and skills to
obtain and maintain the license. The Direct Child Welfare
Service Employee License Board of the Department shall have
the authority to
revoke or suspend the license of anyone who after a hearing is found to be
guilty of misfeasance. The Department shall promulgate such rules as necessary
to implement this Section.
(b) If a direct child welfare service employee licensee is expected to transport a child or children with a motor vehicle in the course of performing his or her duties, the Department must verify that the licensee meets the requirements set forth in Section 5.1 of the Child Care Act of 1969. The Department must make that verification as to each such licensee every 2 years. Upon the Department's request, the Secretary of State shall provide the Department with the information necessary to enable the Department to make the verifications required under this subsection. If the Department discovers that a direct child welfare service employee licensee has engaged in transporting a child or children with a motor vehicle without having a valid driver's license, the Department shall immediately revoke the individual's direct child welfare service employee license.
(c) On or before January 1, 2000, and every year thereafter, the Department shall
submit an annual report to the General Assembly on the implementation of this
Section.
(Source: P.A. 94‑943, eff. 1‑1‑07.)
(20 ILCS 505/5d)
Sec. 5d.
The Direct Child Welfare Service Employee License Board.
(a) For purposes of this Section:
(1) "Board" means the Direct Child Welfare Service | ||
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(2) "Director" means the Director of Children and | ||
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(b) The Direct Child Welfare Service Employee License Board is created
within
the Department of Children and Family Services and shall consist of 9 members
appointed by the Director. The Director shall annually designate a chairperson
and
vice‑chairperson of
the Board. The membership of the
Board
must be composed as follows: (i) 5 licensed professionals from the field of
human
services with a human services degree or equivalent course work
as required by rule of the Department and who are in good standing within their
profession, at least 2 of which
must be employed in the private not‑for‑profit sector and at least one of which
in the public
sector; (ii) 2
faculty members of an accredited university who have child welfare experience
and are
in good
standing within their profession and (iii) 2 members of the general public who
are not
licensed under this Act or a similar rule and will represent consumer
interests.
In making the first appointments, the Director shall appoint 3 members to
serve
for a term of one year, 3 members to serve for a term of 2 years, and 3
members to
serve for a term of 3 years, or until their successors are appointed and
qualified. Their
successors shall be appointed to serve 3‑year terms, or until their
successors are
appointed and qualified. Appointments to fill unexpired vacancies shall be
made in the
same manner as original appointments. No member may be reappointed if a
reappointment would cause that member to serve on the Board for longer than 6
consecutive years. Board membership must have reasonable representation from
different geographic areas of Illinois, and all members must be residents of
this State.
The Director may terminate the appointment of any member for good cause,
including but not limited to (i) unjustified absences from Board meetings or
other failure
to meet Board responsibilities, (ii) failure to recuse himself or herself when
required by
subsection (c) of this Section or Department rule, or (iii) failure to maintain
the professional
position required by Department rule. No member of the Board may have a
pending
or indicated report of child abuse or neglect or a pending complaint or
criminal
conviction of any of the offenses set forth in paragraph
(b) of Section
4.2 of the Child Care Act of 1969.
The members of the Board shall receive no compensation for the performance of
their duties as members, but each member shall be reimbursed for his or her
reasonable and
necessary expenses incurred in attending the meetings of the Board.
(c) The Board shall make recommendations to the Director regarding licensure
rules. Board members must recuse themselves from sitting on any matter
involving an
employee of a child welfare agency at which the Board member is an employee or
contractual employee. The Board shall make a final determination concerning
revocation, suspension, or reinstatement of an employee's direct child welfare
service
license after a hearing conducted under the Department's rules. Upon
notification of the manner of the vote to all the members, votes on a
final determination may be cast in person, by
telephonic or
electronic means, or by mail at the discretion of the chairperson.
A simple majority of the members appointed and serving is
required
when Board members vote by mail or by telephonic or electronic means. A
majority of
the currently appointed and serving Board members constitutes a quorum. A
majority of
a quorum is required when a recommendation is voted on during a Board
meeting. A
vacancy in the membership of the Board shall not impair the right of a quorum
to perform
all the duties of the Board. Board members are not personally liable in any
action based
upon a disciplinary proceeding or otherwise for any action taken in good faith
as a
member of the Board.
(d) The Director may assign Department employees to provide staffing
services to
the Board. The Department must promulgate any rules necessary to implement
and administer the requirements of this Section.
(Source: P.A. 92‑471, eff. 8‑22‑01; 92‑651, eff. 7‑11‑02.)
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(20 ILCS 505/5e)
Sec. 5e.
Advocacy Office for Children and Families.
The
Department of Children and Family Services shall establish and maintain
an Advocacy Office for Children and Families that shall, in addition to
other duties assigned by the Director, receive and respond to complaints
that may be filed by children, parents, caretakers, and relatives of children
receiving child welfare services from the Department of Children and
Family Services or its agents. The Department shall promulgate policies
and procedures for filing, processing, investigating, and resolving the
complaints. The Department shall make a final report to the complainant
of its findings. If a final report is not completed, the Department shall
report on its disposition every 30 days. The Advocacy Office shall include
a statewide toll‑free telephone number that may be used to file complaints,
or to obtain information about the delivery of child welfare services by the
Department or its agents. This telephone number shall be included in all
appropriate notices and handbooks regarding services available through
the Department.
(Source: P.A. 92‑334, eff. 8‑10‑01; 92‑651, eff. 7‑11‑02.)
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(20 ILCS 505/5.10)
Sec. 5.10.
Direct child welfare services; Department of Human Services.
The
Department of Human Services shall provide direct child welfare services when
not available through other public or private child care or program facilities.
For purposes of this Section, "child welfare services" means public social
services that are directed toward the accomplishment of the following
purposes:
(1) Preventing the problems that may result in the | ||
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(2) Providing supportive services and living | ||
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(3) Providing shelter and independent living | ||
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(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(20 ILCS 505/5.15)
Sec. 5.15.
Daycare; Department of Human Services.
(a) For the purpose of ensuring effective statewide planning,
development, and utilization of resources for the day care of children,
operated under various auspices, the Department of Human Services is designated
to
coordinate all day care activities for children of the State and shall
develop or continue, and shall update every year,
a State comprehensive day‑care plan for submission to the
Governor that identifies high‑priority areas and groups, relating them
to available resources and identifying the most effective approaches to
the use of existing day care services. The State comprehensive day‑care
plan shall be made available to the General Assembly following the
Governor's approval of the plan.
The plan shall include methods and procedures for the development of
additional day care resources for children to meet the goal of reducing
short‑run and long‑run dependency and to provide necessary enrichment and
stimulation to the education of young children. Recommendations shall be
made for State policy on optimum use of private and public, local, State
and federal resources, including an estimate of the resources needed for
the licensing and regulation of day care facilities.
A written report shall be submitted to the Governor and the General
Assembly annually on April 15. The report shall include an
evaluation of
developments over the preceding fiscal year, including cost‑benefit
analyses of various arrangements. Beginning with the report in 1990 submitted
by the Department's predecessor agency and every
2 years thereafter, the report shall also include the following:
(1) An assessment of the child care services, needs | ||
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(2) A survey of day care facilities to determine the | ||
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(3) The average wages and salaries and fringe | ||
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(4) The qualifications of new caregivers hired at | ||
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(5) Recommendations for increasing caregiver wages | ||
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(6) Evaluation of the fee structure and income | ||
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The requirement for reporting to the General Assembly shall be satisfied
by filing copies of the report with the Speaker, the Minority Leader, and
the Clerk of the House of Representatives, the President, the Minority
Leader, and the Secretary of the Senate, and the Legislative Research Unit,
as required by Section 3.1 of the General Assembly Organization Act,
and filing such additional copies with the
State Government Report Distribution Center for the General Assembly as is
required under paragraph (t) of Section 7 of the State Library Act.
(b) The Department of Human Services shall establish policies and procedures
for
developing and implementing interagency agreements with other
agencies of
the State providing child care services or reimbursement for such services.
The plans shall be annually reviewed and modified for the purpose of
addressing issues of applicability and service system barriers.
(c) In cooperation with other State agencies, the Department of Human
Services shall develop and implement, or shall continue, a
resource and referral system for the
State of Illinois either within the Department or by contract with local or
regional agencies. Funding for implementation of this system may be
provided through Department appropriations or other inter‑agency funding
arrangements. The resource and referral system shall provide at least the
following services:
(1) Assembling and maintaining a data base on the | ||
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(2) Providing information and referrals for parents.
(3) Coordinating the development of new child care | ||
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(4) Providing technical assistance and training to | ||
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(5) Recording and analyzing the demand for child | ||
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(d) The Department of Human Services shall conduct day care planning
activities with the following priorities:
(1) Development of voluntary day care resources | ||
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(2) Emphasis on service to children of recipients of | ||
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(3) (Blank).
(4) Care of children from families in stress and | ||
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(5) Expansion of family day care facilities wherever | ||
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(6) Location of centers in economically depressed | ||
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(7) Use of existing facilities free of charge or for | ||
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(8) Development of strategies for assuring a more | ||
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(9) Development of strategies for subsidizing | ||
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(10) Continuation and expansion of service programs | ||
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Emphasis shall be given to support services that will help to ensure
such parents' graduation from high school and to services for participants
in any programs of job training conducted
by the
Department.
(e) The Department of Human Services shall actively stimulate the
development of public and private resources at the local level. It shall also
seek the fullest utilization of federal funds directly or indirectly available
to the Department.
Where appropriate, existing non‑governmental agencies or
associations shall be involved in planning by the Department.
(f) To better accommodate the child care needs of low income working
families, especially those who receive Temporary Assistance for Needy Families
(TANF) or who are transitioning from TANF to work, or who are at risk of
depending on TANF in the absence of child care, the Department shall complete a
study using outcome‑based assessment measurements to analyze the various types
of child care needs, including but not limited to: child care homes; child care
facilities; before and after school care; and evening and weekend care. Based
upon
the findings of the study, the Department shall develop a plan by April 15,
1998, that identifies the various types of child care needs within various
geographic locations. The plan shall include, but not be limited to, the
special needs of parents and guardians in need of non‑traditional child care
services such as early mornings, evenings, and weekends; the needs of very low
income families and children and how they might be better served; and
strategies to assist child care providers to meet the needs and schedules of
low income families.
(Source: P.A. 92‑468, eff. 8‑22‑01.)
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(20 ILCS 505/5.20)
Sec. 5.20.
Child care for former public aid recipients; Department of Human
Services.
The Department of Human Services
may provide child care services to former
recipients of assistance under the Illinois Public Aid Code as authorized
by Section 9‑6.3 of that Code.
(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(20 ILCS 505/5.25)
Sec. 5.25.
Behavioral health services.
(a) Every child in the care of the Department of Children and Family Services under this Act shall receive the necessary behavioral health services including but not limited to: mental health services, trauma services, substance abuse services, and developmental disabilities services. The provision of these services may be provided in milieu including but not limited to: integrated assessment, treatment plans, individual and group therapy, specialized foster care, community based programming, licensed residential services, psychosocial rehabilitation, screening assessment and support services, hospitalization, and transitional planning and referral to the Department of Human Services for appropriate services when the child reaches adulthood.
Services shall be appropriate to meet the needs of the individual child and may be provided to the child at the site of the program, facility, or foster home or at an otherwise appropriate location. A program facility, or home, shall assist the Department staff in arranging for a child to receive behavioral health services from an outside provider when those services are necessary to meet the child's needs and the child wishes to receive them.
(b) Not later than January 1, 2006, the Department shall file a proposed rule or a proposed amendment to an existing rule regarding the provision of behavioral health services to children who have serious behavioral health needs. The proposal shall address, but is not limited to, the implementation of the following: integrated assessment, treatment plans, individual and group therapy, specialized foster care, community based programming, licensed residential services, psychosocial rehabilitation, hospitalization, and transitional planning and referral to the Department of Human Services for appropriate services when the child reaches adulthood.
(c) In preparation for the comprehensive implementation of the behavioral health system, the Department shall also prepare an assessment of behavioral health community services available to the Department in the State. The assessment shall evaluate the resources needed in each region to provide appropriate behavioral health services for all of the Department's foster children within the region's service area who are in need of behavioral health services. The assessments shall include, at a minimum, an analysis of the current availability and needs in each of the following areas: comprehensive integrated assessment, trauma services, mental health treatment, qualified mental health professionals, community providers, programs for psychosocial rehabilitation, and programs for substance abuse.
By January 1, 2007, the Department shall complete all required individual and regional assessments and shall submit a written report to the Governor and the General Assembly that describes the results of the assessment and contains a specific plan to address the identified needs for services.
(Source: P.A. 94‑34, eff. 1‑1‑06.)
(20 ILCS 505/6) (from Ch. 23, par. 5006)
Sec. 6.
The Department shall not authorize payment under Section 5 or
accept guardianship for any child for whom a final dependency order has
been entered prior to January 1, 1964, under the provisions of the "Family
Court Act" or for a child accepted for care or placement by a private
child care facility prior to that date, except for a child who has been
receiving public aid under Articles IV, V, VI, or VII of "The Illinois
Public Aid Code" who is no longer eligible for such aid but who continues
to be in need of foster care.
(Source: P. A. 76‑367.)
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(20 ILCS 505/6.5)
Sec. 6.5.
Children; methamphetamine; protocol.
(a) The Department of Children and Family Services, the Department of State Police, and the State Board of Education shall jointly develop a sample protocol to be followed by the Department of Children and Family Services, the Department of State Police or a local law enforcement agency, or a school when:
(1) a person or persons are arrested for
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(2) the Department of Children and Family Services, | ||
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(b) At a minimum, the protocol developed under this | ||
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(1) Provide for an appropriate custodian of the | ||
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(2) Provide for the necessary care and supervision of | ||
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(3) Provide for the child's attendance at an | ||
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(c) The Department of Children and Family Services, the | ||
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(d) The Department of Children and Family Services must | ||
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(Source: P.A. 94‑554, eff. 1‑1‑06.) |
(20 ILCS 505/6a) (from Ch. 23, par. 5006a)
Sec. 6a.
Case Plan.
(a) With respect to each Department client for whom the Department is
providing placement service, the Department shall develop a case plan designed
to stabilize the family situation and prevent placement of a child outside the
home of the family when the child can be cared for at home without endangering
the child's health or safety, reunify the family if temporary placement is
necessary when safe and appropriate, or move the child toward the most
permanent living arrangement and permanent legal status. Such case plan shall
provide for the utilization of family preservation services as defined in
Section 8.2 of the Abused and Neglected Child Reporting Act. Such case plan
shall be reviewed and updated every 6 months. Where appropriate, the case plan
shall include recommendations concerning alcohol or drug abuse evaluation.
(b) The Department may enter into written agreements with child
welfare agencies to establish and implement case
plan demonstration projects. The demonstration projects shall require that
service providers develop, implement, review and update client case plans.
The Department shall examine the effectiveness of the demonstration
projects in promoting the family reunification or the permanent placement
of each client and shall report its findings to the General Assembly no
later than 90 days after the end of the fiscal year in which any such
demonstration project is implemented.
(Source: P.A. 89‑704, eff. 8‑16‑97 (changed from 1‑1‑98 by P.A. 90‑443);
90‑28, eff. 1‑1‑98; 90‑443, eff. 8‑16‑97.)
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(20 ILCS 505/6b) (from Ch. 23, par. 5006b)
Sec. 6b.
Case tracking system.
(1) The Department shall establish and
operate a case tracking system which shall be designed to monitor and evaluate
family preservation, family reunification and placement services.
(2) The Department shall establish and operate the case tracking system
for the Department clients for whom the Department is providing or paying
for such services. The Department shall work with the courts in the
development
of a cooperative case tracking system.
(3) The Department shall determine the basic elements and access and provide
for records of the case tracking system to not be open to the general public.
(4) The Department shall use the case tracking system to
determine whether any child reported to the Department under
Section 3.5 of the Intergovernmental Missing Child Recovery Act of 1984 matches
a Department ward and whether that child had been abandoned within the previous
2 months.
(Source: P.A. 89‑213, eff. 1‑1‑96.)
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(20 ILCS 505/6c)
Sec. 6c.
Parental inquiry.
The Department shall maintain
a system of response to inquiry made by parents or putative
parents as to whether their child is under the custody or guardianship of the
Department; and if so, the Department shall direct the parents or putative
parents to the appropriate court of jurisdiction, including where inquiry may
be made of the clerk of the court regarding the case number and the next
scheduled court date of the minor's case. Effective notice and the means of
accessing information shall be given to the public on a continuing basis by the
Department.
(Source: P.A. 90‑27, eff. 1‑1‑98.)
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(20 ILCS 505/7)
(from Ch. 23, par. 5007)
Sec. 7.
Placement of children; considerations.
(a) In placing any child under this Act, the Department shall place
such child, as far as possible, in the care and custody of some individual
holding the same religious belief as the parents of the child, or with some
child care facility which is operated by persons of like religious faith as
the parents of such child.
(b) In placing a child under this Act, the Department may place a child
with a relative if the Department determines that the relative
will be able to adequately provide for the child's safety and welfare based on the factors set forth in the Department's rules governing relative placements, and that the placement is consistent with the child's best interests, taking into consideration the factors set out in subsection (4.05) of Section 1‑3 of the Juvenile Court Act of 1987.
When the Department first assumes custody of a child, in placing that child under this Act, the Department shall make reasonable efforts to identify and locate a relative who is ready, willing, and able to care for the child. At a minimum, these efforts shall be renewed each time the child requires a placement change and it is appropriate for the child to be cared for in a home environment. The Department must document its efforts to identify and locate such a relative placement and maintain the documentation in the child's case file.
If the Department determines that a placement with any identified relative is not in the child's best interests or that the relative does not meet the requirements to be a relative caregiver, as set forth in Department rules or by statute, the Department must document the basis for that decision and maintain the documentation in the child's case file.
If, pursuant to the Department's rules, any person files an administrative appeal of the Department's decision not to place a child with a relative, it is the Department's burden to prove that the decision is consistent with the child's best interests.
When the Department determines that the child requires placement in an environment, other than a home environment, the Department shall continue to make reasonable efforts to identify and locate relatives to serve as visitation resources for the child and potential future placement resources, except when the Department determines that those efforts would be futile or inconsistent with the child's best interests.
If the Department determines that efforts to identify and locate relatives would be futile or inconsistent with the child's best interests, the Department shall document the basis of its determination and maintain the documentation in the child's case file.
If the Department determines that an individual or a group of relatives are inappropriate to serve as visitation resources or possible placement resources, the Department shall document the basis of its determination and maintain the documentation in the child's case file.
When the Department determines that an individual or a group of relatives are appropriate to serve as visitation resources or possible future placement resources, the Department shall document the basis of its determination, maintain the documentation in the child's case file, create a visitation or transition plan, or both, and incorporate the visitation or transition plan, or both, into the child's case plan. For the purpose of this subsection, any determination as to the child's best interests shall include consideration of the factors set out in subsection (4.05) of Section 1‑3 of the Juvenile Court Act of 1987.
The Department may not place a child with a relative, with the exception of
certain circumstances which may be waived as defined by the Department in
rules, if the results of a check of the Law Enforcement Agencies
Data System (LEADS) identifies a prior criminal conviction of the relative or
any adult member of the relative's household for any of the following offenses
under the Criminal Code of 1961:
(1) murder;
(1.1) solicitation of murder;
(1.2) solicitation of murder for hire;
(1.3) intentional homicide of an unborn child;
(1.4) voluntary manslaughter of an unborn child;
(1.5) involuntary manslaughter;
(1.6) reckless homicide;
(1.7) concealment of a homicidal death;
(1.8) involuntary manslaughter of an unborn child;
(1.9) reckless homicide of an unborn child;
(1.10) drug‑induced homicide;
(2) a sex offense under Article 11, except offenses
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(3) kidnapping;
(3.1) aggravated unlawful restraint;
(3.2) forcible detention;
(3.3) aiding and abetting child abduction;
(4) aggravated kidnapping;
(5) child abduction;
(6) aggravated battery of a child;
(7) criminal sexual assault;
(8) aggravated criminal sexual assault;
(8.1) predatory criminal sexual assault of a child;
(9) criminal sexual abuse;
(10) aggravated sexual abuse;
(11) heinous battery;
(12) aggravated battery with a firearm;
(13) tampering with food, drugs, or cosmetics;
(14) drug‑induced infliction of great bodily harm;
(15) aggravated stalking;
(16) home invasion;
(17) vehicular invasion;
(18) criminal transmission of HIV;
(19) criminal abuse or neglect of an elderly or | ||
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(20) child abandonment;
(21) endangering the life or health of a child;
(22) ritual mutilation;
(23) ritualized abuse of a child;
(24) an offense in any other state the elements of | ||
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For the purpose of this subsection, "relative" shall include
any person, 21 years of age or over, other than the parent, who (i) is
currently related to the child in any of the following ways by blood or
adoption: grandparent, sibling, great‑grandparent, uncle, aunt, nephew, niece,
first cousin, second cousin, godparent, great‑uncle, or great‑aunt; or (ii) is
the spouse of such a
relative; or (iii) is the child's step‑father, step‑mother, or adult
step‑brother or step‑sister; "relative" also includes a person related in any
of the foregoing ways to a sibling of a child, even though the person is not
related to the child, when the
child and its sibling are placed together with that person. For children who have been in the guardianship of the Department, have been adopted, and are subsequently returned to the temporary custody or guardianship of the Department, a "relative" may also include any person who would have qualified as a relative under this paragraph prior to the adoption, but only if the Department determines, and documents, that it would be in the child's best interests to consider this person a relative, based upon the factors for determining best interests set forth in subsection (4.05) of Section 1‑3 of the Juvenile Court Act of 1987. A relative with
whom a child is placed pursuant to this subsection may, but is not required to,
apply for licensure as a foster family home pursuant to the Child Care Act of
1969; provided, however, that as of July 1, 1995, foster care payments shall be
made only to licensed foster family homes pursuant to the terms of Section 5 of
this Act.
(c) In placing a child under this Act, the Department shall ensure that
the child's health, safety, and best interests are met.
In rejecting placement of a child with an identified relative, the Department shall ensure that the child's health, safety, and best interests are met. In evaluating the best interests of the child, the Department shall take into consideration the factors set forth in subsection (4.05) of Section 1‑3 of the Juvenile Court Act of 1987.
The Department shall consider the individual needs of the | ||
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(c‑1) At the time of placement, the Department shall consider concurrent
planning, as described in subsection (l‑1) of Section 5, so that permanency may
occur at the earliest opportunity. Consideration should be given so that if
reunification fails or is delayed, the placement made is the best available
placement to provide permanency for the child.
(d) The Department may accept gifts, grants, offers of services, and
other contributions to use in making special recruitment efforts.
(e) The Department in placing children in adoptive or foster care homes
may not, in any policy or practice relating to the placement of children for
adoption or foster care, discriminate against any child or prospective adoptive
or foster parent on the basis of race.
(Source: P.A. 94‑880, eff. 8‑1‑06.)
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(20 ILCS 505/7.1) (from Ch. 23, par. 5007.1)
Sec. 7.1.
One Church One Child Advisory Board.
There is created the
One Church One Child Advisory Board to advise the Department in the
placement of children by encouraging black churches to help find permanent
homes for black children waiting to be adopted. The Advisory Board shall
consist of 25 members appointed by the Governor, with at least one member
representing each region of the State as determined by the Department.
Members of the Advisory Board shall be reimbursed for their expenses
incurred in performing their duties as determined by the Department.
(Source: P.A. 87‑1148.)
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(20 ILCS 505/7.2)
Sec. 7.2.
(Repealed).
(Source: P.A. 88‑550, eff. 7‑3‑94. Repealed by P.A. 91‑798, eff. 7‑9‑00.)
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(20 ILCS 505/7.3)
Sec. 7.3.
Placement plan.
The Department shall develop and implement a
written plan for placing children. The plan shall include at least the
following features:
(1) A plan for recruiting minority adoptive and | ||
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(2) A plan for training adoptive and foster families | ||
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(3) A plan for employing social workers in adoption | ||
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(4) A plan for ensuring that adoption and foster | ||
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(5) A plan that includes policies and procedures for | ||
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(Source: P.A. 92‑334, eff. 8‑10‑01.)
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(20 ILCS 505/7.4)
Sec. 7.4.
Placement of siblings.
(a) When a child is in need of an adoptive placement, the Department shall
examine its
files and other available resources and attempt to determine whether any
biological sibling of the child has been adopted. If the Department determines
that a biological sibling of the child has been adopted, the Department shall
make a good faith effort to locate the adoptive parents of the sibling and
inform them of the availability of the child for adoption.
(b) If the adoptive parents of a biological sibling of a child available for
adoption apply to adopt that child,
the Department shall consider them as adoptive applicants for the adoption of
the child. The Department's final decision, however, shall be based upon the
welfare and
best interest of the child. In arriving at its decision, the Department shall
consider all relevant factors, including but not limited to:
(1) the wishes of the child;
(2) the interaction and interrelationship of the | ||
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(3) the child's need for stability and continuity of | ||
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(4) the child's adjustment to his or her present | ||
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(5) the mental and physical health of all | ||
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(6) the family ties between the child and the | ||
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(7) the background, age, and living arrangements of | ||
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(8) a criminal background report of the applicant to | ||
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(c) The Department may refuse to inform the adoptive parents of a
biological sibling of a child that the child is available for adoption,
as required under subsection (a), only for a reason permitted under criteria
adopted by the Department by rule.
(Source: P.A. 92‑666, eff. 7‑16‑02.)
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(20 ILCS 505/7.7)
Sec. 7.7.
Limit on multiple placements.
If the Department has placed a
child in substitute care pursuant to a court order, the Department may
not change the child's placement unless the Department specifically documents
that the current placement is unsafe or unsuitable or that another
placement is in the
child's best interests or unless the new placement is in an adoptive home or
other permanent placement.
(Source: P.A. 89‑422; 90‑28, eff. 1‑1‑98.)
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(20 ILCS 505/8) (from Ch. 23, par. 5008)
Sec. 8.
Scholarships and fee waivers.
Each year the Department may
select from among the children under care, or children formerly under care
who have been adopted or are in the subsidized guardianship program, a
maximum of 48 students (at least 4 of whom shall be
children of veterans) who have completed 4 years in an accredited high
school; the children selected shall be eligible for scholarships
and fee waivers which will entitle them to 4 consecutive years of community
college, university, or college education. Selection shall be made on the
basis of scholastic record, aptitude, and general interest in higher
education. In accordance with this Act, tuition scholarships and fee waivers
shall be available to such students at any university or college maintained by
the State of Illinois. The Department shall provide maintenance and school
expenses, except tuition and fees, during the academic years to supplement
the students' earnings or other resources so long as they consistently
maintain scholastic records which are acceptable to their schools and to
the Department. Students may attend other colleges and universities, if
scholarships are awarded them, and receive the same benefits for maintenance
and other expenses as those students attending any Illinois State community
college, university, or college under this Section.
(Source: P.A. 90‑608, eff. 6‑30‑98.)
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(20 ILCS 505/8a) (from Ch. 23, par. 5008a)
Sec. 8a.
No otherwise qualified child with a disability receiving
special education and related services under Article 14 of The School Code
shall solely by reason of his or her disability be excluded from the
participation in or be denied the benefits of or be subjected to
discrimination under any program or activity provided by the Department.
The Department, or its authorized agent, shall ensure that a copy of a
student's then current individualized education program (IEP) is provided
to the school district in which the student is newly placed by the
Department. Upon receipt of the IEP, the new school district shall review
it and place the student in a special education program in accordance with
that described in the IEP. The Department shall consult with the State
Board of Education in the development of necessary rules and regulations to
implement this provision.
(Source: P.A. 87‑372.)
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(20 ILCS 505/8b) (from Ch. 23, par. 5008b)
Sec. 8b.
No homeless person eligible to receive benefits or services
from the Department shall, by reason of his or her status as a homeless
person, be excluded from participation in, be denied benefits under or be
subjected to discrimination under any program or activity provided by the Department.
(Source: P.A. 84‑1277.)
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(20 ILCS 505/9) (from Ch. 23, par. 5009)
Sec. 9.
To exercise executive and administrative supervision over
all institutions, divisions, programs and services now existing or
hereafter acquired or created under the jurisdiction of the Department.
(Source: P.A. 83‑180.)
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(20 ILCS 505/9.1) (from Ch. 23, par. 5009.1)
Sec. 9.1.
The parents or guardians of the estates of children accepted
for care and training under the Juvenile Court Act or the Juvenile Court
Act of 1987, or through a voluntary placement agreement with the parents
or guardians shall be liable for the payment to the Department, or to a
licensed or approved child care facility designated by the Department of
sums representing charges for the care and training of those children at a
rate to be determined by the Department. The Department shall establish a
standard by which shall be measured the ability of parents or guardians to
pay for the care and training of their children, and shall implement the
standard by rules governing its application. The standard and the rules
shall take into account ability to pay as measured by annual income and
family size. Medical or other treatment provided on behalf of the family
may also be taken into account in determining ability to pay if the
Department concludes that such treatment is appropriate.
In addition, the Department may provide by rule for referral of Title
IV‑E foster care maintenance cases to the Department of Public Aid for
child support enforcement services under Title IV‑D of the Social Security
Act. The
Department shall consider "good cause" as defined in regulations
promulgated under Title IV‑A of the Social Security Act, among other
criteria, when determining whether to refer a case and, upon
referral, the parent or guardian of the estate of a child who is
receiving Title IV‑E foster care maintenance payments shall be deemed to
have made an assignment to the Department of any and all rights, title and
interest in any support obligation on behalf of a child. The rights to
support assigned to the Department shall constitute an obligation owed the
State by the person who is responsible for providing the support, and shall
be collectible under all applicable processes.
The acceptance of children for services or care shall not be limited
or conditioned in any manner on the financial status or ability of parents
or guardians to make such payments.
(Source: P.A. 92‑590, eff. 7‑1‑02.)
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(20 ILCS 505/9.2) (from Ch. 23, par. 5009.2)
Sec. 9.2.
The Department shall have authority to enter into agreements
with units of local government or individuals with the approval of the Attorney
General, for the collection of monies owing because of the failure of parents
or guardians to pay charges to the Department for the care and training
of their children. Such agreements may be on a contingent fee basis, but
such contingent fee shall not exceed 20% of the total amount collected.
The Department may also enter into agreements with local governmental units
to exercise the investigative and enforcement powers designated in Section 9.8.
(Source: P.A. 86‑659.)
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(20 ILCS 505/9.3) (from Ch. 23, par. 5009.3)
Sec. 9.3.
Declarations by Parents and Guardians.
Information requested
of parents and guardians shall be submitted on forms or questionnaires prescribed
by the Department or units of local government as the case may be and shall
contain a written declaration to be signed by the parent or guardian in substantially
the following form:
"I declare under penalties of perjury that I have examined this form or
questionnaire and all accompanying statements or documents pertaining to
my income, or any other matter having bearing upon my status and ability to
provide payment for care and training of my child, and to the best of my
knowledge and belief the information supplied is true, correct, and complete".
A person who makes and subscribes a form or questionnaire which contains,
as herein above provided, a written declaration that it is made under the
penalties of perjury, knowing it to be false, incorrect or incomplete, in
respect to any material statement or representative bearing upon his status
as a parent or guardian, or upon his income, resources, or other matter
concerning his ability to provide parental payment, shall be subject to
the penalties for perjury provided for in Section 32‑2 of the "Criminal
Code of 1961", approved July 28, 1961, as amended.
Parents who refuse to provide such information after three written requests
from the Department will be liable for the full cost of care provided,
from the commencement of such care until the required information is received.
(Source: P.A. 83‑1037.)
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(20 ILCS 505/9.4) (from Ch. 23, par. 5009.4)
Sec. 9.4.
Investigation and Determination.
The Department shall review
the forms or questionnaires returned by each parent or guardian and supplement
the information provided therein, where required, by such additional consultations
with the parent or guardian and such other investigations as may be necessary
and, applying the standard and regulations established by the Department,
shall determine whether and the extent to which, the parent or guardian
individually or together in any combination, are reasonably able to provide
parental payment for care and training of their children.
The Department, by rule, may conduct periodic or other reinvestigations
and redeterminations of the financial ability of parents or guardians.
Any redeterminations shall have the effect of altering, amending, or modifying
previous determinations. However, any redetermination which established
liability for parental payment of reimbursement, or which increases the
support or reimbursement liability specified in a prior order, shall be
subject to the provisions of Section 9.9 in the administrative and judicial
review procedures herein provided for original orders.
(Source: P.A. 83‑1037.)
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(20 ILCS 505/9.5) (from Ch. 23, par. 5009.5)
Sec. 9.5.
Notice of Parental Payments Due.
When the Department has
determined that a parent or guardian is liable for payment for care and
support of his children, the parent or guardian shall be notified by mailing
him a copy of the determination by mail, advising him of his legal obligation
to make payments for such period or periods of time, definite in duration
or indefinite, as the circumstances required. The notice shall direct payment
as provided in Section 9.6.
Within 30 days after receipt of a payment notice, the parents may appeal
the assessment amount if the data used in determining the amount is inaccurate
or incomplete. Parents may also appeal the assessment at any time on the
basis of changes in their circumstances which render inaccurate information
on which the assessment is based. If the changes requested in a parental
appeal are granted, the Department may modify its assessment retroactively
to the appropriate date and adjust any amount in arrears accordingly.
(Source: P.A. 83‑1037.)
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(20 ILCS 505/9.6) (from Ch. 23, par. 5009.6)
Sec. 9.6.
Parental Payments.
The notice to responsible parents and
guardians issued pursuant to Section 9.5 shall direct payment to the Department, as
provided by regulation.
Fifty percent of payments by parents and guardians to the Department may
be used for payment of collection fees or contingency fees and for services
provided by the Department.
(Source: P.A. 83‑1037.)
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(20 ILCS 505/9.7) (from Ch. 23, par. 5009.7)
Sec. 9.7.
Alternative Actions to Enforce Parental Payments Due.
If
a responsible parent or guardian fails or refuses to make parental payments
for care and training of their children, or contributes less than the amount
indicated by the determination, the Department shall take action to enforce
support in accordance with Section 9.8 of this Act.
An annual interest rate equal to the prime commercial rate of interest
plus 3% will be assessed and payable on all amounts more than 60 days past
due. For the purposes of this Section, "prime commercial rate" means such
prime rate as from time to time is publicly announced by the largest commercial
banking institution located in this State, measured in terms of total assets.
(Source: P.A. 83‑1037.)
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(20 ILCS 505/9.8) (from Ch. 23, par. 5009.8)
Sec. 9.8.
Court Enforcement.
The Department shall refer to the State's
Attorney, Attorney General, or to the proper legal representative of the
unit of government or private agency, for judicial enforcement as herein
provided, instances
of failure to make parental payments as required by law. Action shall be
brought in the circuit court to obtain parental payments and the recovery
of such payments may be taken separately or they may be consolidated with
actions to obtain other child support. Such actions may be brought in the
name of the child receiving care and training, or may be brought in the
name of the Department or the unit of local government, as the case requires,
in behalf of such persons.
The court may enter orders for the payment of monies for the care and
training
of the children as may be just and equitable and may direct payment thereof
for such period or periods of time as the circumstances require. The order
may be entered against the parents or guardians and shall be based upon
the standard determined under Section 9.1 or an amount determined by the
court to reflect the ability to contribute to the care and training of their
children provided by the Department.
When an order is entered for the parental payment for care and training
of the child, and the parent or guardian willfully refuses to comply with
its enforcement, the parent or guardian may be declared in contempt of court
and punished therefor.
(Source: P.A. 91‑357, eff. 7‑29‑99.)
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(20 ILCS 505/9.8a) (from Ch. 23, par. 5009.8a)
Sec. 9.8a.
Child Welfare Litigation Division.
The Department of
Children and Family Services Child Welfare Litigation Division in the
Office of the Attorney General shall represent the State in, and defend on
the State's behalf, all court actions referred to it by the Illinois
Department of Children and Family Services under this Act, the Child Care
Act of 1969, and other laws for the enforcement and defense of all legal
proceedings. The Division shall be funded by an appropriation to the
Department of Children and Family Services and shall be staffed with
attorneys appointed by the Attorney General as Special Assistant Attorneys
General whose special duty it shall be to execute the duties described in
this paragraph. The Special Assistant Attorneys General shall be assigned
exclusively to those duties and may engage only in political activities
that are not prohibited by the federal Hatch Political Activity Act.
(Source: P.A. 87‑1017.)
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(20 ILCS 505/9.9) (from Ch. 23, par. 5009.9)
Sec. 9.9.
Review under Administrative Review Law.
Any responsible parent
or guardian affected by a final administrative decision of the Department
in a hearing, conducted pursuant to this Act, may have the decision reviewed
only under and in accordance with the Administrative Review Law as amended.
The provisions of the Administrative Review Law, and the rules adopted pursuant
thereto, shall apply to and govern all proceedings for the judicial review
of such final administrative decisions of the Department. The term "administrative
decision", is defined as in Section 3‑101 of the Code of Civil Procedure.
Appeals from all final orders and judgments entered by a court upon review
of the Department's orders in any case may be taken by either party to the
proceeding and shall be governed by the rules applicable to appeals in civil cases.
The remedy herein provided for appeal shall be exclusive, and no court
shall have jurisdiction to review the subject matter of any order made by
the Department except as herein provided.
(Source: P.A. 83‑1037.)
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(20 ILCS 505/10) (from Ch. 23, par. 5010)
Sec. 10.
To establish and operate in the regions of the State additional
shelter care or group care facilities.
(Source: P.A. 83‑180.)
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(20 ILCS 505/11) (from Ch. 23, par. 5011)
Sec. 11.
To appoint and remove the superintendents of the institutions
operated by the Department, to obtain all other employees subject to the
provisions of the "Personnel Code", and to conduct staff training
programs for the development and improvement of services.
(Source: Laws 1963, p. 1061.)
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(20 ILCS 505/12) (from Ch. 23, par. 5012)
Sec. 12.
(a) To provide supervision, housing accommodations, board or the
payment of boarding costs, tuition, and treatment free of charge, except as
otherwise specified in this Act, for residents of this State who are cared
for in any institution, or for persons receiving services under any program
under the jurisdiction of the Department. Residents of other states may be
admitted upon payment of the costs of board, tuition, and treatment as
determined by the Department; provided, that no resident of another state
shall be received or retained to the exclusion of any resident of this
State. The Department shall accept any donation for the board, tuition, and
treatment of any person receiving service or care.
(b) By July 1, 1994, to make room and board payments to persons
providing foster care under this Act at a rate for each child that is up to
100% of the adjusted United States Department of Agriculture Cost of
Raising a Child in the Urban Midwest/Low Cost Index.
(Source: P.A. 86‑1482.)
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(20 ILCS 505/12.1) (from Ch. 23, par. 5012.1)
Sec. 12.1.
To cooperate with the State Board of Education
and the Department of Human Services in a program to
provide
for the placement, supervision and foster care
of children with handicaps who must leave their home community
in order to attend schools offering programs in special education.
(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(20 ILCS 505/12.2) (from Ch. 23, par. 5012.2)
Sec. 12.2.
To cooperate with the Department of Human
Services in any programs or projects regarding the care and education of
handicapped children, particularly in relation to the institutions under the
administration of the Department.
(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(20 ILCS 505/17) (from Ch. 23, par. 5017)
Sec. 17.
Youth and Community Services Program.
The Department of Human
Services shall
develop a State program for youth and community services which will
assure that youth who come into contact or may come into contact with the child
welfare and the juvenile justice systems will have access to needed community,
prevention, diversion, emergency and independent living services. The term
"youth" means a person under the age of 19 years. The term "homeless youth"
means a youth who cannot be reunited with his or her family and is not in a
safe and stable living situation. This Section shall not be construed to
require the Department of Human Services to provide services under this
Section to any homeless youth who is at least 18 years of age but is younger
than 19 years of age; however, the Department may, in its discretion, provide
services under this Section to any such homeless youth.
(a) The goals of the program shall be to:
(1) maintain children and youths in their own | ||
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(2) eliminate unnecessary categorical funding of | ||
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(3) encourage local volunteers and voluntary | ||
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(4) address voids in services and close service gaps;
(5) develop program models aimed at strengthening | ||
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(6) contain costs by redirecting funding to more | ||
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(7) coordinate education, employment, training and | ||
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(b) The duties of the Department under the program shall be
to:
(1) design models for service delivery by local | ||
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(2) test alternative systems for delivering youth | ||
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(3) develop standards necessary to achieve and | ||
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(4) monitor and provide technical assistance to | ||
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(5) assist local organizations in developing | ||
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(6) develop a statewide adoption awareness campaign | ||
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(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(20 ILCS 505/17a‑1) (from Ch. 23, par. 5017a‑1)
Sec. 17a‑1.
(Repealed).
(Source: P.A. 89‑507, eff. 7‑1‑97. Repealed by P.A. 91‑798, eff. 7‑9‑00.)
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(20 ILCS 505/17a‑2) (from Ch. 23, par. 5017a‑2)
Sec. 17a‑2.
Local boards and service systems; Department of Human
Services. The Department of Human Services shall promulgate regulations
for the
establishment and
recognition of
service areas and local boards or local
service systems responsible for the development or coordination of more
comprehensive and integrated community‑based youth services. Such service
areas, local boards and local service systems shall be reviewed every 4
years. Any entity
formed in conformity with the regulations of the Department desiring
recognition
as a local board or local service system for a service area may apply to
the Department for such recognition. The Department may refuse to renew
or may withdraw recognition of a service area, local board or local service
system if such area, board or system substantially fails to comply with
the regulations and minimum service requirements promulgated by the Department
under this Section. The Department shall assist in the organization and
establishment
of local service systems and may provide for community youth services in
any area of the State where no recognized local board or local services
system exists.
(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(20 ILCS 505/17a‑3) (from Ch. 23, par. 5017a‑3)
Sec. 17a‑3.
Annual community youth service plan; Department of Human
Services. Each local board or local service system shall, in conformity
with regulations of the Department of Human Services, prepare an annual
community youth service
plan and annual budget to implement the community youth service plan. Such
plans shall be transmitted to the regional youth planning committees and
included in a regional youth service plan. Each plan shall
demonstrate, at a minimum, the following components of a youth service system:
(a) community needs assessment and resource development; (b) case management
(including case review, tracking, service evaluation and networking); (c)
accountability; (d) staff development; (e) consultation with and technical
assistance for providers; and (f) assurance of the availability of the
following:
(i) community services, including primary prevention, outreach and recreational
opportunities,
and the use of indigenous community volunteers to provide programs designed
to correct conditions contributing to delinquency; (ii) diversion
services, including client advocacy, family counseling, employment and educational
assistance and service brokerage; (iii) emergency services, including
24‑hours crisis intervention and shelter care; (iv) comprehensive
independent living services, including outreach, referral for public
assistance or other benefits to which homeless youth may be entitled,
emergency shelter care homes, transitional support programs in a
residential setting, outward bound experiences and transitional independent
living skills support, in a non‑residential facility, with special emphasis
on youth employment and training opportunities; and (v) mental health
services. Each component of the
annual community youth service plan shall expressly address the following
high‑risk populations: homeless youth, pregnant youth and youth who are
parents.
(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(20 ILCS 505/17a‑4) (from Ch. 23, par. 5017a‑4)
Sec. 17a‑4.
Grants for community‑based youth services; Department of Human
Services.
(a) The Department of Human Services shall make grants for the purpose
of planning, establishing, operating, coordinating and evaluating programs
aimed at reducing or eliminating the involvement of youth in the child
welfare or juvenile justice systems. The programs shall include those
providing for more comprehensive and integrated community‑based youth
services including Unified Delinquency Intervention Services programs and
for community services programs. The Department may authorize advance
disbursement of funds for such youth services programs. When the
appropriation for "comprehensive community‑based service to youth" is equal
to or exceeds $5,000,000, the Department shall allocate the total amount of
such appropriated funds in the following manner:
(1) no more than 20% of the grant funds appropriated | ||
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(2) not less than 80% of grant funds appropriated | ||
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(3) if any amount so allocated under paragraph (2) | ||
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(4) the local boards or local service systems shall | ||
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(b) Notwithstanding any provision in this Act
or rules promulgated under this Act to the contrary, unless
expressly prohibited by federal law or regulation, all individuals,
corporations, or other entities that provide medical or mental health services,
whether organized as for‑profit or not‑for‑profit entities, shall be eligible
for consideration by the Department of Human Services to participate in any
program funded or administered by the Department. This subsection shall not
apply to the receipt of federal funds administered and transferred by the
Department for services when the federal government has specifically provided
that those funds may be received only by those entities organized as
not‑for‑profit entities.
(Source: P.A. 89‑392, eff. 8‑20‑95; 89‑507, eff. 7‑1‑97; 90‑655, eff.
7‑30‑98.)
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(20 ILCS 505/17a‑5) (from Ch. 23, par. 5017a‑5)
Sec. 17a‑5.
The Department of Human Services shall be successor to the
Department of Children and Family Services in the latter Department's capacity
as successor to the Illinois Law Enforcement
Commission in the functions of that Commission relating to juvenile justice
and the federal Juvenile Justice and Delinquency Prevention Act of 1974
as amended, and shall have the powers, duties and functions specified in
this Section relating to juvenile justice and the federal Juvenile Justice
and Delinquency Prevention Act of 1974, as amended.
(1) Definitions. As used in this Section:
(a) "juvenile justice system" means all activities | ||
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(b) "unit of general local government" means any | ||
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(c) "Commission" means the Illinois Juvenile Justice | ||
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(2) Powers and Duties of Department. The Department of Human Services
shall serve as the
official State Planning Agency for juvenile justice for the State of Illinois
and in that capacity is authorized and empowered to discharge any and all
responsibilities imposed on such bodies by the federal Juvenile Justice
and Delinquency Prevention Act of 1974, as amended, specifically the
deinstitutionalization
of status offenders, separation of juveniles and adults in municipal and
county jails, removal of juveniles from county and municipal jails and
monitoring
of compliance with these mandates. In furtherance thereof, the Department
has the powers and duties set forth in paragraphs 3 through 15 of this Section:
(3) To develop annual comprehensive plans based on analysis of juvenile
crime problems and juvenile justice and delinquency prevention needs in
the State, for the improvement of juvenile justice throughout the State,
such plans to be in accordance with the federal Juvenile Justice and Delinquency
Prevention Act of 1974, as amended;
(4) To define, develop and correlate programs and projects relating to
administration of juvenile justice for the State and units of general local
government within the State or for combinations of such units for
improvement in law enforcement:
(5) To advise, assist and make recommendations to the Governor as to how
to achieve a more efficient and effective juvenile justice system;
(6) To act as a central repository for federal, State, regional and local
research studies, plans, projects, and proposals relating to the improvement
of the juvenile justice system;
(7) To act as a clearing house for information relating to all aspects
of juvenile justice system improvement;
(8) To undertake research studies to aid in accomplishing its purposes;
(9) To establish priorities for the expenditure of funds made
available by the United States for the improvement of the juvenile justice
system throughout the State;
(10) To apply for, receive, allocate, disburse, and account for grants
of funds made available by the United States pursuant to the federal Juvenile
Justice and Delinquency Prevention Act of 1974, as amended; and such other
similar legislation as may be enacted from time to time in order to plan,
establish, operate, coordinate, and evaluate projects directly or through
grants and contracts with public and private agencies for the development
of more effective education, training, research, prevention, diversion,
treatment and rehabilitation programs in the area of juvenile delinquency
and programs to improve the juvenile justice system;
(11) To insure that no more than the maximum percentage of the total annual
State allotment of juvenile justice funds be utilized for the administration
of such funds;
(12) To provide at least 66‑2/3 per centum of funds received by the State
under the Juvenile Justice and Delinquency Prevention Act of 1974, as amended,
are expended through:
(a) programs of units of general local government or | ||
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(b) programs of local private agencies, to the | ||
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(13) To enter into agreements with the United States government
which may be required as a condition of obtaining federal funds;
(14) To enter into contracts and cooperate with units of general local
government or combinations of such units, State agencies, and private
organizations
of all types, for the purpose of carrying out the duties of the Department
imposed by this Section or by federal law or
regulations;
(15) To exercise all other powers that are reasonable and necessary to
fulfill its functions under applicable federal law or to further the
purposes of this Section.
(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(20 ILCS 505/17a‑6) (from Ch. 23, par. 5017a‑6)
Sec. 17a‑6.
(A) Personnel exercising the rights, powers and duties
in the Illinois Law Enforcement Commission that are transferred to the
Department
of Children and Family Services are transferred to the Department of Children
and Family Services. However, the rights of the employees, the State and
its agencies under the Personnel Code or any collective bargaining agreement,
or under any pension, retirement or annuity plan shall not be affected by
the provisions of this amendatory Act.
(B) All books, records, papers, documents, property (real or personal),
unexpended appropriations and pending business in any way pertaining to
the rights, powers and duties transferred from the Illinois Law Enforcement
Commission to the Department of Children and Family Services shall be delivered
and transferred to the Department of Children and Family Services.
(C) The provisions of subsections (A) and (B) of this Section are
superseded by the applicable transfer and savings provisions of the Department
of Human Services Act.
(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(20 ILCS 505/17a‑7) (from Ch. 23, par. 5017a‑7)
Sec. 17a‑7.
Units of General Local Government ‑ Agreements for Funds.
Units of general local government may apply for, receive, disburse, allocate
and account for grants of funds made available by the United States government, or by
the State of Illinois, particularly including grants made available pursuant
to the federal Juvenile Justice and Delinquency Prevention Act of 1974,
including subsequent amendments or reenactments, if any: and may enter into
agreements with the Department or with the United States government which
may be required as a condition of obtaining federal or State funds, or both.
(Source: P.A. 82‑975.)
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(20 ILCS 505/17a‑8) (from Ch. 23, par. 5017a‑8)
Sec. 17a‑8.
Agreements for Cooperative Action by Units of General Local
Government. Any two or more units of general local government may enter
into agreements with one another for joint cooperative action for the purpose
of applying for, receiving, disbursing, allocating and accounting for grants
of funds made available by the United States government pursuant to the
Juvenile Justice and Delinquency Prevention Act of 1974, including subsequent
amendments or reenactments, if any; and for any State funds made available
for that purpose. Such agreements shall include the proportion and amount
of funds which shall be supplied by each participating unit of general local
government. Such agreements may include provisions for the designation
of treasurer or comparable employee of one of the units to serve as collection
and disbursement officer for all of the units in connection with a grant‑funded
program.
(Source: P.A. 82‑975.)
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(20 ILCS 505/17a‑9) (from Ch. 23, par. 5017a‑9)
Sec. 17a‑9.
Illinois Juvenile Justice Commission.
There is hereby created
the Illinois Juvenile Justice Commission which shall consist of 25 persons
appointed by the Governor.
The Chairperson of the Commission shall be appointed by the Governor. Of
the initial appointees, 8 shall serve a one‑year term, 8 shall serve a two‑year
term and 9 shall serve a three‑year term. Thereafter, each successor
shall serve a three‑year term. Vacancies shall be filled in the same manner
as original appointments. Once appointed, members shall serve until their
successors are appointed and qualified. Members shall serve without
compensation,
except they shall be reimbursed for their actual expenses in the performance
of their duties.
The Commission shall carry out the rights, powers and duties established
in subparagraph (3) of paragraph (a) of Section 223 of the Federal "Juvenile
Justice and Delinquency Prevention Act of 1974", as now or hereafter amended.
The Commission shall determine the priorities for expenditure of funds made
available to the State by the Federal Government pursuant to that Act.
The Commission shall have the following powers and duties:
(1) Development, review and final approval of the State's juvenile justice
plan for funds under the Federal "Juvenile Justice and Delinquency Prevention
Act of 1974";
(2) Review and approve or disapprove juvenile justice and delinquency
prevention grant applications to the Department for federal funds under that Act;
(3) Annual submission of recommendations to the Governor and the General
Assembly concerning matters relative to its function;
(4) Responsibility for the review of funds allocated to Illinois under
the "Juvenile Justice and Delinquency Prevention Act of 1974" to ensure
compliance with all relevant federal laws and regulations; and
(5) Function as the advisory committee for the State
Youth and Community Services Program as authorized under Section 17 of this
Act, and in that capacity be authorized and empowered to assist and advise the
Secretary of Human Services on matters related to juvenile
justice and delinquency prevention programs and services.
(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(20 ILCS 505/17a‑10) (from Ch. 23, par. 5017a‑10)
Sec. 17a‑10.
The Department of Human Services may administer unified
delinquency
intervention services to provide community‑based alternatives to commitment
to the Department of Corrections of children adjudicated as delinquent
minors, and who meet such criteria as established by rules of the
Department of Human Services.
(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(20 ILCS 505/17a‑11)
(from Ch. 23, par. 5017a‑11)
(Text of Section before amendment by P.A. 94‑696
)
Sec. 17a‑11.
Governor's Youth Services Initiative.
In cooperation with
the Department of Corrections, the Department of Human Services and the
Illinois State Board of Education, the
Department of Children and Family Services shall establish the Governor's Youth
Services Initiative. This program shall offer assistance to multi‑problem
youth whose difficulties are not the clear responsibility of any one state
agency, and who are referred to the program by the juvenile court. The
decision to establish and to maintain an initiative program shall be based upon
the availability of program funds and the overall needs of the service area.
A Policy Board shall be established as the decision‑making body of the
Governor's Youth Services Initiative. The Board shall be composed of State
agency liaisons appointed by the Secretary of Human Services, the Directors
of the Department of Children and Family Services and the Department
of Corrections, and the State Superintendent of Education. The Board shall
meet at least quarterly.
The Department of Children and Family Services may establish a system of
regional interagency councils in the various geographic regions of the State to
address, at the regional or local level, the delivery of services to
multi‑problem youth.
The Department of Children and Family Services in consultation with the
aforementioned sponsors of the program shall promulgate rules and
regulations pursuant to the Illinois Administrative Procedure Act, for the
development of initiative programs in densely populated areas of the State
to meet the needs of multi‑problem youth.
(Source: P.A. 88‑487; 89‑507, eff. 7‑1‑97.)
(Text of Section after amendment by P.A. 94‑696
)
Sec. 17a‑11.
Governor's Youth Services Initiative.
In cooperation with
the Department of Juvenile Justice, the Department of Human Services and the
Illinois State Board of Education, the
Department of Children and Family Services shall establish the Governor's Youth
Services Initiative. This program shall offer assistance to multi‑problem
youth whose difficulties are not the clear responsibility of any one state
agency, and who are referred to the program by the juvenile court. The
decision to establish and to maintain an initiative program shall be based upon
the availability of program funds and the overall needs of the service area.
A Policy Board shall be established as the decision‑making body of the
Governor's Youth Services Initiative. The Board shall be composed of State
agency liaisons appointed by the Secretary of Human Services, the Directors
of the Department of Children and Family Services and the Department
of Juvenile Justice, and the State Superintendent of Education. The Board shall
meet at least quarterly.
The Department of Children and Family Services may establish a system of
regional interagency councils in the various geographic regions of the State to
address, at the regional or local level, the delivery of services to
multi‑problem youth.
The Department of Children and Family Services in consultation with the
aforementioned sponsors of the program shall promulgate rules and
regulations pursuant to the Illinois Administrative Procedure Act, for the
development of initiative programs in densely populated areas of the State
to meet the needs of multi‑problem youth.
(Source: P.A. 94‑696, eff. 6‑1‑06.)
(20 ILCS 505/17a‑12) (from Ch. 23, par. 5017a‑12)
Sec. 17a‑12.
(Repealed).
(Source: P.A. 86‑1004. Repealed by P.A. 91‑60, eff. 6‑30‑99.)
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(20 ILCS 505/17a‑13)
Sec. 17a‑13.
The Department shall establish a minimum of 3 citizen review
panels for the purpose of evaluating the extent to which public and private
agencies are effectively discharging their child protection responsibilities as
required by the State plan submitted under guidelines of the federal Child
Abuse Prevention and Treatment Act.
Each citizen review panel shall be composed of volunteer members who are
broadly representative of State and community leaders, including members who
have expertise in the prevention and treatment of child abuse and neglect.
Existing advisory groups that have been established under State or federal law
by the Department may be designated as citizen review panels if they have the
capacity to perform the required functions.
(Source: P.A. 91‑60, eff. 6‑30‑99.)
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(20 ILCS 505/17a‑15) Sec. 17a‑15. Community service programs; Department of Human Services. (a) The Department of Human Services must establish a program to award grants to area projects to plan, establish, operate, coordinate, and evaluate community services programs. For purposes of this Section, "area project" means an entity whose purpose is to develop, manage, provide, and coordinate a community services program and "community services program" means a program, based on the Chicago Area Project Model, aimed at changing social, cultural, and environmental conditions that prevent youth and families from maximizing their potential and that place youth in a condition that increases their tendency to become involved in the juvenile justice or child welfare systems. (b) The Department of Human Services must, by rule, establish the eligibility criteria for an area project, including the composition and responsibilities of the governing authority of an area project, application requirements, service components of community services programs, and the review and monitoring of community services program plans. At a minimum, an area project must be a not‑for‑profit organization (i)(A) whose preponderance of resources is directed to community services programs that are different than intervention‑oriented youth services or (B) that creates through an amendment to its by‑laws or other binding agreement a specific body whose purpose is to develop, manage, provide, and coordinate a community services program and (ii) that includes representation from any community committee, as defined by rule of the Department of Human Services, of the area project and may also include business and industry leaders, educators, and other concerned citizens. (c) The Department of Human Services shall fund community services programs by grants made through negotiated contracts, which are written agreements mutually agreed upon by the Department and the area project. The payment of funds to area projects under the community services program shall be in the form of a grant paid in equal monthly installments. In the event of reduced or insufficient funding, existing grants shall receive proportionate reductions.
(Source: P.A. 93‑730, eff. 7‑14‑04.)
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(20 ILCS 505/18a‑13) (from Ch. 23, par. 5018a‑13)
Sec. 18a‑13.
(Repealed).
(Source P.A. 90‑14, eff. 7‑1‑97. Repealed internally, eff. 12‑31‑97.)
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(20 ILCS 505/20) (from Ch. 23, par. 5020)
Sec. 20.
To control the admission and transfer of persons in the programs
of the Department. The Department may divide the State into such regions as
it may deem necessary to provide care and service.
(Source: Laws 1963, p. 1061.)
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(20 ILCS 505/21) (from Ch. 23, par. 5021)
Sec. 21.
Investigative powers; training.
(a) To make such investigations as it may deem necessary to the
performance of its duties.
(b) In the course of any such investigation any
qualified person authorized by the Director may administer oaths and secure
by its subpoena both the attendance and testimony of witnesses and the
production of books and papers relevant to such investigation. Any person
who is served with a subpoena by the Department to appear and testify or to
produce books and papers, in the course of an investigation authorized by
law, and who refuses or neglects to appear, or to testify, or to produce
books and papers relevant to such investigation, as commanded in such
subpoena, shall be guilty of a Class B misdemeanor. The fees of witnesses
for attendance and travel shall be the same as the fees of witnesses before
the circuit courts of this State. Any circuit court of this State, upon
application of the person requesting the hearing or the Department, may
compel the attendance of witnesses, the
production of books and papers, and giving of testimony
before the Department or before any authorized officer or employee thereof,
by an attachment for contempt or otherwise, in the same manner as
production of evidence may be compelled before such court. Every person
who, having taken an oath or made affirmation before the Department or any
authorized officer or employee thereof, shall willfully swear or affirm
falsely, shall be guilty of perjury and upon conviction shall be punished
accordingly.
(c) Investigations initiated under this Section shall provide
individuals due process of law, including the right to a hearing, to
cross‑examine witnesses, to obtain relevant documents, and to present
evidence. Administrative findings shall be subject to the provisions of the
Administrative Review Law.
(d) Beginning July 1, 1988, any child protective investigator or
supervisor or child welfare specialist or supervisor employed by the
Department on the
effective date of this amendatory Act of 1987
shall have completed a training program which shall be instituted by the
Department. The
training program shall include, but not be limited to, the following: (1)
training in the detection of symptoms of child neglect and drug abuse; (2)
specialized training for dealing with families and children of drug
abusers; and (3) specific training in child development, family dynamics
and interview techniques. Such program shall conform to the criteria and
curriculum developed under Section 4 of the Child Protective Investigator
and Child Welfare Specialist Certification
Act of 1987. Failure to complete such training due to lack of
opportunity provided by the Department shall in no way be grounds for any
disciplinary or other action against an investigator or a specialist.
The Department shall develop a continuous inservice staff development
program and evaluation system. Each child protective investigator and
supervisor and child welfare specialist and supervisor shall participate in
such program and evaluation and shall complete a minimum of 20 hours of
inservice education and training every 2 years in order to maintain certification.
Any child protective investigator or child protective supervisor,
or child welfare specialist or child welfare specialist supervisor
hired by
the Department who begins his
actual
employment after the effective date of this amendatory Act of 1987, shall
be certified
pursuant
to the Child Protective Investigator and Child Welfare Specialist
Certification Act of 1987 before he
begins such employment. Nothing in this Act shall replace or diminish the
rights of employees under the Illinois Public Labor Relations Act, as
amended, or the National Labor Relations Act. In the event of any conflict
between either of those Acts, or any collective
bargaining agreement negotiated thereunder, and the provisions of subsections
(d) and (e), the former shall prevail and control.
(e) The Department shall develop and implement the following:
(1) A standardized child endangerment risk | ||
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(2) Related training
procedures.
(3) A standardized method for demonstration of | ||
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(4) An evaluation of the reliability and validity of | ||
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All child protective investigators and supervisors
and child welfare specialists and supervisors employed by the Department or its
contractors shall be required, subsequent to the availability of training under
this Act, to demonstrate proficiency in application of the protocol previous to
being permitted to make decisions about the degree of risk posed to children
for whom they are responsible. The Department shall establish a
multi‑disciplinary advisory committee
appointed by the Director, including but not limited to representatives from
the fields of child development, domestic violence, family systems, juvenile
justice, law enforcement, health care, mental health, substance abuse, and
social service to advise the Department and its related contractors in the
development and implementation of the child
endangerment risk assessment protocol, related training, method for
demonstration of proficiency in application of the protocol, and evaluation of
the reliability and validity of the protocol. The Department shall develop the
protocol, training curriculum, method for demonstration of proficiency in
application of the protocol and method for evaluation of the reliability and
validity of the protocol by July 1, 1995. Training and demonstration of
proficiency in application of the child endangerment risk assessment protocol
for all child protective investigators and supervisors and child welfare
specialists and
supervisors
shall be completed
as soon as practicable, but no later than January 1, 1996. The Department
shall submit
to
the General Assembly on or before May 1, 1996, and every year thereafter, an
annual report on the evaluation of the reliability and validity of the child
endangerment risk assessment protocol. The Department shall contract with a
not for profit organization with demonstrated expertise in the field of child
endangerment risk assessment to assist in the development and implementation of
the child endangerment risk assessment protocol, related training, method for
demonstration of proficiency in application of the protocol, and evaluation of
the reliability and validity of the protocol.
(Source: P.A. 91‑61, eff. 6‑30‑99; 92‑154, eff. 1‑1‑02.)
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(20 ILCS 505/21.1) (from Ch. 23, par. 5021.1)
Sec. 21.1.
In any proceeding in which the Department of Children and
Family Services is a party, books, papers, records, warrants, computer
printouts and memoranda showing the status of financial obligations owed to
the Department of Children and Family Services by any person may be proved
by a photostatic or reproduced copy thereof under the certificate of the
Director of the Department of Children and Family Services. Such certified
copies shall, without further proof, be admitted into evidence in the
hearing before the Department, in an investigation or in any other
proceeding. Nothing in this paragraph is intended to alter the rules
governing admissibility of evidence in proceedings in which financial
obligations owed to the Department are not in issue.
(Source: P.A. 85‑126.)
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(20 ILCS 505/21.5)
Sec. 21.5. Training; advice to subjects of investigation. The Department shall train all child protective investigators concerning the statutory and constitutional rights of individuals subject to investigation for child abuse and neglect and shall require all child protective investigators to inform individuals subject to a child abuse and neglect investigation concerning the specific complaints or allegations made against the individual.
(Source: P.A. 93‑733, eff. 1‑1‑05.)
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(20 ILCS 505/22) (from Ch. 23, par. 5022)
Sec. 22.
To receive, hold, distribute and use for indicated purposes and
the benefit of persons receiving care or service, monies and materials made
available by the federal government or other agency.
(Source: Laws 1963, p. 1061.)
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(20 ILCS 505/22.1) (from Ch. 23, par. 5022.1)
Sec. 22.1.
Grants‑in‑aid for child care services; Department of Human
Services.
(a) The Department of Human Services may
make grants‑in‑aid to units of local government,
voluntary agencies and not‑for‑profit associations which provide day care
services. Such grants‑in‑aid shall be made for the purpose of operating,
extending and improving existing day facilities which fall within the
priorities set forth in subparagraphs (A) through (F) of paragraph (4) of
subsection (e) of Section 5 of this Act, or for the purpose of providing
day care services by contracting with day facilities licensed under the
Child Care Act of 1969, regardless of whether such facilities are organized
on a for‑profit or not‑for‑profit basis, and to encourage the development
and operation of new day care facilities in areas of the state where they
are deemed by the Department to be most needed. The Department shall, by
official regulation, establish and publish criteria for determining the
amounts of grants‑in‑aid so that all interested individuals, agencies and
associations may have ready access to such information.
(b) The General Assembly in recognition of the severe shortage of
available child care facilities, particularly for families with special
needs, hereby authorizes the Department of Human
Services to
establish a program for the expansion of child care which shall be known as
the Child Care Expansion Program.
The Department of Human Services shall award a
one‑time
only grant to persons, organizations, or schools needing assistance to
start a child care center or mini center, as defined by the Department, or
to existing licensed child care providers, including family home providers,
for the purpose of making capital improvements in order to accommodate
handicapped children, sick children, or infant care or children needing
night time care. No grant shall exceed $10,000. Start‑up costs shall not
include operational costs after the first 3 months of business.
The Department of Human Services shall adopt rules setting forth
criteria,
application procedures, and methods to assure compliance with the purposes
described in Section 1.
(c) The Department of Human Services shall
establish and
operate day care facilities for the children of migrant workers in areas of
the State where they are needed. The Department may provide these day care
services by contracting with private centers if practicable. "Migrant
worker"
means any person who moves seasonally from one place to another, within or
without the State, for the purpose of employment in agricultural
activities.
(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(20 ILCS 505/22.2)
(from Ch. 23, par. 5022.2)
Sec. 22.2.
To provide training programs for the provision of foster
care and adoptive care services. Training provided to foster parents shall
include training and information on their right to be heard, to bring a
mandamus action, and to intervene in juvenile court as set forth under
subsection (2) of Section 1‑5 of the Juvenile Court Act of 1987 and the
availability of the hotline established under Section 35.6 of this Act, that
foster parents may use to report incidents of misconduct or violation of rules
by Department employees, service providers, or contractors.
(Source: P.A. 94‑91, eff. 7‑1‑05.)
(20 ILCS 505/22.3) (from Ch. 23, par. 5022.3)
Sec. 22.3.
To provide human immunodeficiency virus (HIV) testing for
any child in the custody of the Department being placed in adoptive care,
upon the request of the child's
prospective adoptive parent. Such test shall consist of an enzyme‑linked
immunosorbent assay (ELISA) test to determine the presence of antibodies to
HIV, or such other test as may be approved by the Illinois Department of
Public Health; in the event of a positive result, the Western Blot Assay or
a more reliable confirmatory test shall also be administered.
The prospective adoptive parent requesting the test shall be
confidentially notified of the test result, and if the test is positive,
the Department shall provide the prospective adoptive parents and child with treatment and
counseling, as appropriate.
The Department shall report positive HIV test results to the Illinois
Department of Public Health.
(Source: P.A. 86‑904.)
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(20 ILCS 505/22.4) (from Ch. 23, par. 5022.4)
Sec. 22.4.
Low‑interest loans for child care facilities; Department of
Human Services. The Department of Human Services may establish, with
financing to be provided
through the issuance of bonds by the Illinois Finance Authority
pursuant to the Illinois Finance Authority Act, a low‑interest loan program to help child care centers
and family day care homes accomplish the following:
(a) establish a child care program;
(b) meet federal, State and local child care | ||
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(c) build facilities or renovate or expand existing | ||
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Such loans shall be available only to child care centers and family day
care homes serving children of low income families.
(Source: P.A. 93‑205, eff. 1‑1‑04.)
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(20 ILCS 505/23) (from Ch. 23, par. 5023)
Sec. 23.
To make agreements with any other department, authority or
commission of this State, any State university or public or private agency,
to make and receive payment for services provided to or by such bodies, and
with written approval by the Governor to make agreements with other states.
The Department may enter into agreements with any public
or private agency determined appropriate and qualified by the Department
that will participate in the cost and operation of
programs, in at least 4 different communities, that provide a comprehensive
array of child and family services, including but not limited to prenatal
care to pregnant women, parenting education, and early
childhood education
services, nutrition services, and basic health services to children of
preschool age and their parents who
reside in service areas of the State identified by the Illinois Department
of Public Health as having the highest rates of infant mortality under the
Infant Mortality Reduction Act. The Department may assume primary or full
financial and administrative responsibility for any such program that has
demonstrated effectiveness.
(Source: P.A. 85‑502.)
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(20 ILCS 505/24) (from Ch. 23, par. 5024)
Sec. 24.
To direct the expenditure of all money which has been or may be
received by any officer of the several State institutions under the
direction and supervision of the Department, as profit on sales from
commissary stores. Such money shall be expended under the direction of the
Department for the special comfort, pleasure and amusement of residents and
employees, provided that amounts expended for comfort, pleasure and
amusement of employees shall not exceed the amount of profits derived from
sales made to employees by such commissaries, as determined by the
Department.
Money received as interest and income on funds deposited for residents
of such State institutions shall be expended for the special comfort,
pleasure and amusement of the residents of the particular institution where
the money is paid or received, except that interest or income on the
individual savings accounts or investments of such residents shall not be
so expended, but shall accrue to the individual accounts of such residents.
Any money belonging to residents separated by death, discharge or
unauthorized absence from institutions described under this Section, in
custody of officers thereof, may, if unclaimed by the resident or the legal
representatives thereof for a period of two years, be expended at the
direction of the Department for the purposes and in the manner specified
above. Articles of personal property, with the exception of clothing left
in the custody of such officers, shall, if unclaimed for the period of two
years, be sold and the money disposed of in the same manner.
Clothing left at the institution by residents at the time of separation
may be used as determined by the institution if unclaimed by the resident
or legal representatives thereof within 30 days after notification.
(Source: Laws 1963, p. 1061.)
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(20 ILCS 505/25) (from Ch. 23, par. 5025)
Sec. 25.
To accept and hold in behalf of the State, if for the public
interest, a grant, gift or legacy of money or property to the
State of Illinois, to the Department, or to any institution or program of
the Department made in trust for the maintenance or support of a resident
of an institution of the Department, or for any other legitimate purpose
connected with such institution or program. The Department shall cause
each gift, grant or legacy to be kept as a distinct fund, and
shall invest the same in the manner provided by the laws of this State as
the same now exist, or shall hereafter be enacted, relating to securities
in which the deposit in savings banks may be invested. But the Department
may, in its discretion, deposit in a proper trust company or savings bank,
during the continuance of the trust, any fund so left in trust for the life
of a person, and shall adopt rules and regulations governing the deposit,
transfer, or withdrawal of such fund. The Department shall on the
expiration of any trust as provided in any instrument creating the same,
dispose of the fund thereby created in the manner provided in such
instrument. The Department shall include in its required reports a
statement showing what funds are so held by it and the condition thereof.
Monies found on residents at the time of their
admission, or
accruing to them during their period of institutional care, and monies
deposited with the superintendents by relatives, guardians
or friends of
residents for the special comfort and pleasure of such resident, shall
remain in the custody of such superintendents who shall
act as trustees for
disbursement to, in behalf of, or for the benefit of such resident. All
types of retirement and pension benefits from private and public sources
may be paid directly to the superintendent of the institution where the
person is a resident, for deposit to the resident's trust fund account.
(Source: P.A. 83‑1362.)
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(20 ILCS 505/29) (from Ch. 23, par. 5029)
Sec. 29.
To establish, maintain and operate cemeteries in connection with
the institutions of the Department for the interment of the remains of
deceased residents of such institutions whose bodies are not claimed by
relatives or others willing to provide other facilities for the interment
thereof and to acquire lands therefor.
(Source: Laws 1963, p. 1061.)
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(20 ILCS 505/30) (from Ch. 23, par. 5030)
Sec. 30.
To prescribe and require surety bonds from any officer or employee
under the jurisdiction of the Department, where deemed advisable, in such
penal sums to be determined by the Department. The cost of such bonds shall
be paid by the State out of funds appropriated to the Department.
(Source: Laws 1963, p. 1061.)
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(20 ILCS 505/31) (from Ch. 23, par. 5031)
Sec. 31.
To keep, for each institution under the jurisdiction of the
Department, a register of the number of officers, employees and residents
present each day in the year, in such form as to admit of a calculation of
the average number present each month.
(Source: Laws 1963, p. 1061.)
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(20 ILCS 505/32) (from Ch. 23, par. 5032)
Sec. 32.
To keep, for each institution under the jurisdiction of the
Department, so far as may be practicable, a record of stores and supplies
received and issued, with the dates and names of the parties from or to
whom the same were received or issued.
(Source: Laws 1963, p. 1061.)
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(20 ILCS 505/34) (from Ch. 23, par. 5034)
Sec. 34.
To report annually in writing to the Governor, on or before the
first day of December, on the conditions, management and financial transactions
of the Department. The Department shall make such other reports as the
Governor may require.
(Source: P.A. 80‑525.)
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(20 ILCS 505/34.1) (from Ch. 23, par. 5034.1)
Sec. 34.1.
To report to the appropriate local law enforcement agency,
the Department's knowledge of any foster parent's criminal behavior relative
to child care activity.
(Source: P.A. 81‑185.)
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(20 ILCS 505/34.2) (from Ch. 23, par. 5034.2)
Sec. 34.2.
To conduct
meetings in each service region between local youth
service, police, probation and parole workers to
develop inter‑agency plans to combat gang crime.
The Department
shall develop a model policy for local interagency cooperation in dealing with gangs.
(Source: P.A. 84‑660.)
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(20 ILCS 505/34.3) (from Ch. 23, par. 5034.3)
Sec. 34.3.
To conduct supervisory reviews of cases handled by
caseworkers and other direct‑service personnel to determine whether such
persons, in the conduct of their duties, identified and addressed actual or
potential drug or alcohol abuse problems of clients, and to institute
training and other appropriate remedial measures in the event of any
systemic failure to properly identify and address such problems.
(Source: P.A. 85‑738.)
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(20 ILCS 505/34.4) (from Ch. 23, par. 5034.4)
Sec. 34.4.
To enter into referral agreements, on its own behalf and
on behalf of agencies funded by the Department, with licensed alcohol and
drug abuse treatment programs for the referral and treatment of clients
with alcohol and drug abuse problems.
(Source: P.A. 85‑738.)
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(20 ILCS 505/34.5) (from Ch. 23, par. 5034.5)
Sec. 34.5.
To make such inquiry as may be appropriate, in any intake
or investigation which the Department is required or authorized to conduct,
to determine whether drug or alcohol abuse is a factor contributing to the
problem necessitating the Department's involvement, and, when appropriate,
to refer a person to a licensed alcohol or drug treatment program, and to
include any treatment recommendations in the person's case plan.
(Source: P.A. 85‑738.)
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(20 ILCS 505/34.6) (from Ch. 23, par. 5034.6)
Sec. 34.6.
To submit to the General Assembly no later than March 1 of
each year a report in relation to the incidence of alcohol and drug abuse
among families, adults and children who are clients of the Department.
The report shall specify the numbers of families, adults and children who
are clients of the Department and have identified or suspected alcohol or
drug abuse problems.
(Source: P.A. 85‑738.)
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(20 ILCS 505/34.7) (from Ch. 23, par. 5034.7)
Sec. 34.7.
To ensure that persons knowledgeable in the causes and treatment
of drug and alcohol abuse are appointed
to all advisory committees of the Department.
(Source: P.A. 85‑738.)
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(20 ILCS 505/34.8) (from Ch. 23, par. 5034.8)
Sec. 34.8.
The Department shall conduct a study in relation to the
development of a plan for a program to train persons required to report
suspected child abuse or neglect pursuant to Section 4 of the Abused and
Neglected Child Reporting Act, as now or hereafter amended, judges, State's
Attorneys and other personnel who have contact with children and families
served by the Department, relative to such persons' involvement with those
children and families. The study shall include an analysis of the need for
such training and an estimate of the cost of such training. The Department
shall report its findings to the General Assembly not later than April 1, 1989.
(Source: P.A. 85‑1394.)
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(20 ILCS 505/34.9) (from Ch. 23, par. 5034.9)
Sec. 34.9.
The Department may, in conjunction with colleges or
universities in this State, establish programs to train low‑income older
persons to be child care workers. The Department shall prescribe, by rule:
(a) age and income qualifications for persons to be trained under such programs; and
(b) standards for such programs to ensure that such programs train
participants to be skilled workers for the child care industry.
(Source: P.A. 86‑889.)
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(20 ILCS 505/34.10)
(from Ch. 23, par. 5034.10)
Sec. 34.10.
Home child care demonstration project; conversion and
renovation grants; Department of Human Services.
(a) The legislature finds that the demand for quality child
care far outweighs the number of safe, quality spaces for our children.
The purpose of this Section is to increase the number of child care providers
by:
(1) developing a demonstration project to train
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(2) providing grants to convert and renovate | ||
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(b) The Department of Human Services may from appropriations from the Child
Care Development Block Grant establish a demonstration project to train
individuals to become home child care providers who are able to establish
and operate their own home‑based child care facilities. The Department of
Human Services is authorized to use funds for this purpose from the child
care and development funds deposited into the Special Purposes Trust Fund as
described in Section 12‑10 of the Illinois Public Aid Code and, until October
1, 1998, the Child Care and Development Fund created by
the 87th General Assembly. As an
economic development program, the project's focus is to foster individual
self‑sufficiency through an entrepreneurial approach by the creation of new
jobs and opening of new small home‑based child care businesses. The
demonstration project shall involve coordination among State and county
governments and the private sector, including but not limited to: the
community college system, the Departments of Labor and Commerce
and Economic Opportunity, the State Board of Education, large and small
private businesses, nonprofit programs, unions, and child care providers
in the State.
The Department shall submit:
(1) a progress report on the demonstration project | ||
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(2) a final evaluation report on the demonstration | ||
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(c) The Department of Human Services may from appropriations from the Child
Care Development Block Grant provide grants to family child care providers
and center based programs to convert and renovate existing facilities, to
the extent permitted by federal law, so additional family child care homes
and child care centers can be located in such facilities.
(1) Applications for grants shall be made to the | ||
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(A) the facility to be renovated or improved | ||
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(B) any family child care home or child care | ||
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(C) the program shall comply with applicable | ||
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(D) the grant shall not be used for purposes of | ||
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(E) the applicant shall comply with any other | ||
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(F) all renovations and improvements undertaken | ||
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(G) the applicant shall indemnify and save | ||
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(2) To receive a grant under this Section to convert | ||
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(A) agree to make available to the Department of | ||
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(B) agree that, if the facility is to be altered | ||
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(C) establish, to the satisfaction of the | ||
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(3) In selecting applicants for funding, the | ||
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(4) In considering applications for grants to | ||
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(Source: P.A. 94‑793, eff. 5‑19‑06.)
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(20 ILCS 505/34.11)
Sec. 34.11.
Grandparent child care program.
(a) The General Assembly finds and declares the following:
(1) An increasing number of children under the age | ||
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(2) The principal causes of this increase include | ||
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(3) Grandparents and older relatives providing | ||
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(4) Many children being raised by nonparent | ||
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(5) Grandparents and other relatives providing | ||
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(b) The Department may establish an informational and educational program
for grandparents and other relatives who provide primary care for children who
are at risk of child abuse, neglect, or abandonment or who were born to
substance‑abusing mothers. As a part of the program, the Department may
develop, publish, and distribute an informational brochure for grandparents and
other relatives who provide primary care for children who are at risk of child
abuse, neglect, or abandonment or who were born to substance‑abusing mothers.
The information provided under the program authorized by this Section may
include, but is not limited to the following:
(1) The most prevalent causes of kinship care, | ||
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(2) The problems experienced by children being | ||
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(3) The problems experienced by grandparents and | ||
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(4) The legal system as it relates to children and | ||
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(5) The benefits available to children and their | ||
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(6) A list of support groups and resources located | ||
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The brochure may be distributed through hospitals, public health nurses,
child protective services, medical professional offices, elementary and
secondary schools, senior citizen centers, public libraries, community action
agencies selected by the Department, and the Department of Human Services.
(Source: P.A. 88‑229; 88‑670, eff. 12‑2‑94; 89‑507, eff. 7‑1‑97.)
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(20 ILCS 505/34.12)
Sec. 34.12.
Federal family resource and support program grants.
Each
year, the Department shall submit an application
to
the Commissioner of the Administration on Children, Youths, and Families under
42 USCA Sections 12336, 12337, and 12338 for a family resource and support
program grant to expand, develop, and operate a network of local family
resource and support programs.
(Source: P.A. 92‑84, eff. 7‑1‑02.)
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(20 ILCS 505/35) (from Ch. 23, par. 5035)
Sec. 35.
No officer, agent or employee of the Department of Children and
Family Services shall be directly or indirectly interested in any contract,
or other agreement for building, repairing, furnishing or supplying such
institutions, or for disposing of the product, or products, of any such
institution. Any violation of this Section shall subject the offender, on
conviction, to be punished by a fine of not more than double the amount of
such contract or agreement, or by imprisonment in the penitentiary for a
term of not less than one or more than 3 years.
(Source: Laws 1963, p. 1061.)
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(20 ILCS 505/35.1) (from Ch. 23, par. 5035.1)
Sec. 35.1.
The case and clinical records of patients in Department
supervised facilities, wards of the Department, children receiving or
applying for child welfare services, persons receiving or applying for
other services of the Department, and Department reports of injury or abuse to
children shall not be open to the general public. Such case and clinical
records and reports or the information contained therein shall be disclosed by
the Director of the Department
to juvenile authorities
when necessary for the discharge of their official duties
who request information concerning the minor
and who
certify in writing that the information will not be disclosed to any other
party except as provided under law or order of court. For purposes of this
Section, "juvenile authorities" means: (i) a judge of
the circuit court and members of the staff of the court designated by the
judge; (ii) parties to the proceedings under the Juvenile Court Act of 1987 and
their attorneys; (iii) probation
officers and court appointed advocates for the juvenile authorized by the judge
hearing the case; (iv) any individual, public or private agency having custody
of the child pursuant to court order; (v) any individual, public or private
agency providing education, medical or mental health service to the child when
the requested information is needed to determine the appropriate service or
treatment for the minor; (vi) any potential placement provider when such
release
is authorized by the court for the limited purpose of determining the
appropriateness of the potential placement; (vii) law enforcement officers and
prosecutors;
(viii) adult and juvenile prisoner review boards; (ix) authorized military
personnel; (x)
individuals authorized by court; (xi) the Illinois General Assembly or
any committee
or commission thereof. This Section does not apply
to
the Department's fiscal records, other records of a purely administrative
nature, or any forms, documents or other records required of facilities subject
to licensure by the Department except as may otherwise be provided under the
Child Care Act of 1969.
Nothing contained in this Act prevents the sharing or disclosure of
information or records relating or pertaining to juveniles subject to the
provisions of the Serious Habitual Offender Comprehensive Action Program when
that information is used to assist in the early identification and treatment of
habitual juvenile offenders.
Nothing contained in this Act prevents the sharing or disclosure of
information or records relating or pertaining to the death of a minor under the
care of or receiving services from the Department and under the jurisdiction of
the juvenile court with the juvenile court, the State's Attorney, and the
minor's attorney.
Nothing contained in this Section prohibits or prevents any individual
dealing with or providing services to a minor from sharing information with
another individual dealing with or providing services to a minor for the
purpose of coordinating efforts on behalf of the minor. The sharing of such
information is only for the purpose stated herein and is to be consistent with
the intent and purpose of the confidentiality provisions of the Juvenile Court
Act of 1987. This provision does not abrogate any recognized privilege.
Sharing information does not include copying of records, reports or case files
unless authorized herein.
Nothing in this Section prohibits or prevents the re‑disclosure of records,
reports,
or other information that reveals malfeasance or nonfeasance on the part of the
Department, its employees, or its agents. Nothing in this Section prohibits
or prevents
the Department or a party in a proceeding under the Juvenile Court Act of 1987
from copying records, reports, or case files for the purpose of sharing those
documents with other parties to the litigation.
(Source: P.A. 90‑15, eff. 6‑13‑97; 90‑590, eff. 1‑1‑00; 91‑812, eff.
6‑13‑00.)
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(20 ILCS 505/35.2) (from Ch. 23, par. 5035.2)
Sec. 35.2.
If a child has been found to be an abused minor under
Section 4‑8 of the Juvenile Court Act or Section 2‑21 of the Juvenile Court
Act of 1987, and the perpetrator of the abuse was the child's parent, and
such parent has been convicted of aggravated battery of the child, and the
child has been committed to the Department of Children and Family Services
for care and service under Section 5‑7 of the Juvenile Court Act or Section
2‑27 of the Juvenile Court Act of 1987, the Department shall cause to be
filed a petition seeking the termination of such parent's parental rights
pursuant to "An Act in relation to the adoption of persons, and to repeal
an Act therein named", approved July 17, 1959, as amended, or under Section
2‑29 of the Juvenile Court Act of 1987, and the Department shall also
seek placement of the child with suitable adoptive parents.
(Source: P.A. 86‑403.)
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(20 ILCS 505/35.3)
Sec. 35.3 Confidentiality of foster parent identifying information.
(a) Because foster parents accept
placements into their residences, it is the
policy of the State of Illinois to protect foster parents' addresses and
telephone numbers from disclosure. The Department shall adopt rules to
effectuate this policy and provide sufficient prior notice of any authorized
disclosure for foster parents to seek an order of protection under Section 2‑25
of the Juvenile Court Act of 1987.
(b) A person to whom disclosure of a foster parent's name, address, or
telephone number is made under this Section shall not redisclose that
information except as provided in this Act or the Juvenile Court Act of 1987.
Any person who knowingly and willfully rediscloses a foster parent's name,
address, or telephone number in violation of this Section is guilty of a Class
A misdemeanor.
(c) The Department shall provide written notice of the provisions of
subsection (b), including the penalty for a Class A misdemeanor, to anyone to
whom the Department discloses a foster parent's name, address, or telephone
number.
(Source: P.A. 90‑15, eff. 6‑13‑97; 90‑629, eff. 7‑24‑98.)
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(20 ILCS 505/35.5)
Sec. 35.5.
Inspector General.
(a) The Governor shall appoint, and the Senate shall confirm, an Inspector
General who shall
have the authority to conduct investigations into allegations of or incidents
of possible misconduct, misfeasance, malfeasance, or violations of rules,
procedures, or laws by any employee, foster parent, service provider, or
contractor of the Department of Children and Family Services. The Inspector
General shall make recommendations
to the Director of Children and Family Services concerning sanctions or
disciplinary actions against Department
employees or providers of service under contract to the Department. Any
investigation
conducted by the Inspector General shall be independent and separate from the
investigation mandated by the Abused and Neglected Child Reporting Act. The
Inspector General shall be appointed for a term of 4 years. The Inspector
General shall be independent of the operations of the Department and shall
report to the Director of Children and Family Services and the Governor and
perform other
duties the Director may designate. The Inspector General shall adopt rules
as necessary to carry out the
functions, purposes, and duties of the office of Inspector General in the
Department of Children and Family Services, in accordance with the Illinois
Administrative Procedure Act and any other applicable law.
(b) The Inspector
General shall have access to all information and personnel necessary to perform
the duties of the office. To minimize duplication of efforts, and to assure
consistency and conformance with the requirements and procedures established in
the B.H. v. Suter consent decree and to share resources
when appropriate, the Inspector General shall coordinate his or her
activities with the Bureau of Quality Assurance within the Department.
(c) The Inspector General shall be the primary liaison between the
Department and the Department of State Police with regard to investigations
conducted under the Inspector General's auspices.
If the Inspector General determines that a possible criminal act
has been committed,
or that special expertise is required in the investigation, he or she shall
immediately notify the Department of State Police.
All investigations conducted by the Inspector General shall be
conducted in a manner designed to ensure the preservation of evidence for
possible use in a criminal prosecution.
(d) The Inspector General may recommend to the Department of Children and
Family Services, the Department of Public Health, or any other appropriate
agency, sanctions to be imposed against service providers under the
jurisdiction of or under contract with the Department for the protection of
children in the custody or under the guardianship of the Department who
received services from those providers. The Inspector General may seek the
assistance of the Attorney General or any of the several State's Attorneys in
imposing sanctions.
(e) The Inspector General shall at all times be granted access to any foster
home, facility, or program operated for or licensed or funded by the
Department.
(f) Nothing in this Section shall limit investigations by the Department of
Children and Family Services that may otherwise be required by law or that may
be necessary in that Department's capacity as the central administrative
authority for child welfare.
(g) The Inspector General shall have the power to subpoena witnesses and
compel the production of books and papers pertinent to an investigation
authorized by this Act. The power to subpoena or to compel the
production of books and papers, however, shall not extend to the person or
documents of a
labor organization or its representatives insofar as the person or documents of
a labor organization relate to the function of representing an employee subject
to investigation under this Act. Any person who fails to appear in response to
a subpoena or to answer any question or produce any books or papers pertinent
to an investigation under this Act, except as otherwise provided in this
Section, or who knowingly gives false testimony in relation to an investigation
under this Act is guilty of a Class A misdemeanor.
(h) The Inspector General shall provide to the General Assembly and the
Governor, no later than January 1 of each year, a summary of reports and
investigations made under this Section for the prior fiscal year. The
summaries shall detail the imposition of sanctions and the final disposition
of those recommendations. The summaries shall not contain any confidential or
identifying information concerning the subjects of the reports and
investigations. The summaries also shall include detailed recommended
administrative actions and matters for consideration by the General Assembly.
(Source: P.A. 90‑512, eff. 8‑22‑97.)
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(20 ILCS 505/35.6)
Sec. 35.6.
State‑wide toll‑free telephone
number.
(a) There shall be a State‑wide, toll‑free telephone number for any
person, whether or not mandated by law, to report to the Inspector General
of
the Department, suspected misconduct, malfeasance, misfeasance, or violations
of rules, procedures, or laws by Department employees, service providers, or
contractors that is detrimental to the best interest of children receiving
care, services, or training from or who were committed to the Department as
allowed under Section 5 of this Act. Immediately upon receipt of a telephone
call regarding suspected abuse or neglect of children, the Inspector General
shall refer the call to the Child Abuse and Neglect Hotline or to the State
Police as mandated by the Abused and Neglected Child Reporting Act and Section
35.5 of this Act. A mandated reporter shall not be relieved of his or her duty
to report incidents to the Child Abuse and Neglect Hotline referred to in this
subsection. The Inspector General shall also establish rules and procedures
for evaluating reports of suspected misconduct and violation of rules and for
conducting an investigation of such reports.
(b) The Inspector General shall prepare and maintain written records from
the reporting source that shall contain the following information to the extent
known at the time the report is made: (1) the names and addresses of the child
and the person responsible for the child's welfare; (2) the nature of the
misconduct and the detriment cause to the child's best interest; (3) the names
of the persons or agencies responsible for the alleged misconduct. Any
investigation conducted by the Inspector General pursuant to such information
shall not duplicate and shall be separate from the investigation mandated by
the Abused and Neglected Child Reporting Act. However, the Inspector General
may include the results of such investigation in reports compiled under this
Section. At the request of the reporting agent, the Inspector General shall
keep the identity of the reporting agent strictly confidential from the
operation of the Department, until the Inspector General shall determine what
recommendations shall be made with regard to discipline or sanction of the
Department employee, service provider, or contractor, with the exception of
suspected child abuse or neglect which shall be handled consistent with the
Abused and Neglected Child Reporting Act and Section 35.5 of this Act. The
Department shall take whatever steps are necessary to assure that a person
making a report in good faith under this Section is not adversely affected
solely on the basis of having made such report.
(Source: P.A. 92‑334, eff. 8‑10‑01.)
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(20 ILCS 505/36) (from Ch. 23, par. 5036)
Sec. 36.
Transfer to DCFS (1964).
All personnel, materials, books,
records, appropriations and other
resources and equipment of any institution, facility or service relating to
children's and specialized services formerly under the management and
supervision of the Department of Mental Health, shall be transferred on
January 1, 1964, to the Department of Children and Family Services.
The transfer to the Department of Children and Family Services of
employees of the Department of Mental Health who are employed by the
transferred institutions, facilities and services, does not affect the
status of such employees under the provisions of the "Personnel Code" or
other laws relating to State employees, nor shall any admissions or
obligations of said institutions, facilities or services be affected
hereby.
The other provisions of this Section are superseded by the applicable
transfer and savings provisions of the Department of Human Services Act.
(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(20 ILCS 505/38) (from Ch. 23, par. 5038)
Sec. 38.
Should any court of competent jurisdiction hold any section,
subdivision, clause, phrase, or provision of this Act to be
unconstitutional or invalid for any reason whatsoever, such holding shall
not affect the validity of the remaining portions of this Act.
(Source: Laws 1963, p. 1061.)
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(20 ILCS 505/39) (from Ch. 23, par. 5039)
Sec. 39.
The provisions for repeal contained in this Act shall not in any
way affect an offense committed, an act done, a penalty, punishment, or
forfeiture incurred, or a claim, right, power or remedy accrued under any
law in force prior to the effective date of this Act.
(Source: Laws 1963, p. 1061.)
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(20 ILCS 505/40) (from Ch. 23, par. 5040)
Sec. 40.
Sections 33, 35, 36, 37, 38, 39 40, 41 and 42 of "An Act codifying
the powers and duties of the Department of Mental Health, and repealing
certain Acts herein named," approved August 2, 1961, are repealed.
(Source: Laws 1963, p. 1061.)
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