(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.)
(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.)
(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.)
(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.)
(20 ILCS 505/2.2)
Sec. 2.2. Annual reports on youth in care waiting for placement. No later than December 31, 2018, and on December 31 of each year thereafter, the Department shall prepare and submit an annual report, covering the previous fiscal year, to the General Assembly regarding youth in care waiting for placements or psychiatric hospitalization. The report shall also be posted on the Department's website. The report shall include:
(Source: P.A. 102-76, eff. 7-9-21.)
(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.)
(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.)
(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 October 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:
(Source: P.A. 97-20, eff. 6-28-11.)
(20 ILCS 505/4b)
Sec. 4b. Youth transitional housing programs.
(a) 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 and services to eligible homeless minors. Services provided by the youth transitional housing program may include a service assessment, individualized case management, and life skills training. The Department shall adopt rules governing the licensure of those
programs.
(b) A homeless minor is eligible if:
(d) If an eligible homeless minor voluntarily leaves or is dismissed from a youth transitional housing program prior to reaching the age of majority, the youth transitional housing program agency shall contact the comprehensive community based youth services agency that provided crisis intervention services to the eligible homeless minor under subdivision (b)(7)(A) of this Section to assist in finding an alternative placement for the minor. If the eligible homeless minor leaves the program before beginning services with the comprehensive community based youth service provider, then the youth transitional housing program shall notify the local law enforcement authorities and make reasonable efforts to notify the minor's parent or guardian that the minor has left the program.
(e) Nothing in this Section shall be construed to require an eligible homeless minor to acquire the consent of a parent, guardian, or custodian to consent to a youth transitional housing program. An eligible homeless minor is deemed to have the legal capacity to consent to receiving housing and services from a licensed youth transitional housing program.
(f) The purpose of this Section is to provide a means by which an eligible homeless minor may have the authority to consent, independent of his or her parents or guardian, to receive housing and services as described in subsection (a) of this Section provided by a licensed youth transitional housing program that has the ability to serve the homeless minor. This Section is not intended to interfere with the integrity of the family or the rights of parents and their children. This Section does not limit or exclude any means by which a minor may become emancipated.
(Source: P.A. 100-162, eff. 1-1-18.)
(20 ILCS 505/4c)
Sec. 4c. Temporary residential shelter services. Any child care facility authorized by the Department to provide temporary residential shelter services to children in the guardianship, temporary custody, or protective custody of the Department shall:
A child care facility shall have its admissions placed on hold by the Department whenever unauthorized absences from the facility are excessive; the admissions hold shall remain in effect until the facility has complied with a corrective action plan prescribed by the Department, and if the facility is non-compliant, the Department shall impose licensing sanctions up to and including the revocation of the facility's license.
The Department shall adopt any rules necessary to implement the requirements of this Section and shall monitor a child care facility to ensure that the facility establishes and adheres to these requirements. Nothing in this Section shall be interpreted to create a "secure child care facility" as defined in the Child Care Act of 1969.
(Source: P.A. 99-339, eff. 1-1-16.)
(20 ILCS 505/4d)
Sec. 4d. Definition. As used in this Act:
"Youth in care" means persons placed in the temporary custody or guardianship of the Department pursuant to the Juvenile Court Act of 1987.
(Source: P.A. 100-159, eff. 8-18-17.)
(20 ILCS 505/4e)
Sec. 4e. Prohibited restraints for youth in care during transport.
(a) Purpose and policy. It is the policy of this State to treat youth in the care of the Department with dignity and respect at
all times, including during transport of the youth.
(b) Definitions. As used in this Section:
"Chemical restraint" means the use of medication that restricts a youth's freedom during a
behavioral crisis or emergency and that is not a part of the youth's standard treatment or dosage
for a behavioral, emotional, or psychiatric condition.
"Manual restraint" means a behavior management technique involving the use of physical contact
or force, characterized by measures such as arm or body holds.
"Mechanical restraints" means any device, material, or equipment (including, but not limited to,
straight jacket, arm or leg restraints, four-point restraints, and zip ties), other than personal physical force,
used to immobilize or directly restrict the limbs, head, or body of a youth.
"Residential treatment center" has the meaning ascribed to that term in paragraph (12.3) of Section 1-3 of the Juvenile Court Act of 1987.
"Restraints" means chemical restraints, manual restraints, and mechanical restraints, but does not include child restraint systems as defined in the Child Passenger Protection Act
or devices, ordinarily worn by the youth during transport, for medical immobilization, adaptive support, or medical protection such as orthopedically
prescribed devices, straps, or protective helmets.
"Transport" means transportation of a youth provided or arranged by the Department. "Transport"
does not include the emergency transportation of youth in care by an ambulance service provider in an
emergency situation or inter-hospital non-emergency transportation.
"Youth" means a youth in care as defined in Section 4d of this Act and youth in the protective custody of the Department.
(c) Prohibition on the use of restraints during transport. Notwithstanding any law
to the contrary, no youth shall be subjected to restraints during the provision of any transportation
services provided or arranged by the Department or its contractual assigns.
(d) Violations. Any known, alleged, or suspected violation of this Section shall immediately be reported
to the Department's Office of the Inspector General, the court presiding over the youth's case
in accordance with the Juvenile Court Act of 1987, and the youth's attorney and guardian ad litem. A known, alleged, or suspected violation of this Section constitutes a "significant event" and requires a significant event report by the Department as defined in paragraph (14.2) of Section 1-3 of the Juvenile Court Act of 1987.
(e) Individualized trauma-sensitive transportation plans.
(f) Reporting.
(Source: P.A. 102-649, eff. 8-27-21.)
(20 ILCS 505/4f)
Sec. 4f. Transportation providers; compliance requirements.
(a) A purchase of service agency under contract with the Department to provide transportation services to children and families under this Act must comply with all applicable federal and State laws and regulations and Department rules. When the purchase of service agency signs the purchase of service contract, this signature shall be the agency's certification of compliance with the applicable laws, regulations, and rules. Additionally, the signed purchase of service contract shall be the agency's certification that:
A purchase of service agency must provide a designated telephone number that drivers, parents, foster parents, and legal guardians can use to communicate with the agency at any point before or during a scheduled transport or family visit to notify the agency regarding a late pickup or arrival. The agency must have staff available to accept all calls to the designated telephone number.
(b) Every driver employed by a purchase of service agency who transports children on behalf of the Department must submit, as a condition of employment, a signed written statement certifying that he or she will comply with all applicable federal and State laws and regulations and Department rules, and must attest to all of the following in his or her signed written statement:
The Department must conduct annual checks on a purchase of service agency and the drivers under the agency's employment to ensure compliance with this Section and all applicable laws, regulations, and Department rules. The Department may adopt any rules necessary to implement the provisions of this Section.
(Source: P.A. 102-795, eff. 1-1-23.)
(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:
(b) (Blank).
(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:
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 screening techniques to identify substance use disorders, as defined in the Substance Use Disorder Act, 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 for an assessment at an organization appropriately licensed by the Department of Human Services for substance use disorder treatment.
(h) If the Department finds that there is no appropriate program or
facility within or available to the Department for a youth in care and that no
licensed private facility has an adequate and appropriate program or none
agrees to accept the youth in care, the Department shall create an appropriate
individualized, program-oriented plan for such youth in care. 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:
In addition, the following services may be made available to assess and
meet the needs of children and families:
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 children with physical or mental disabilities, children who are older, or other hard-to-place
children who (i) immediately prior to their adoption were youth in care 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 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 youth in care 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) 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, except that reunification services may be offered as provided in paragraph (F) of subsection (2) of Section 2-28 of that Act.
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, except that when a child is the subject of an action under Article II of the Juvenile Court Act of 1987 and the child's service plan calls for services to facilitate achievement of the permanency goal, the court hearing the action under Article II of the Juvenile Court Act of 1987 may order the Department to provide the services set out in the plan, if those services are not provided with reasonable promptness and if those services are available.
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 also provide services to any child or family after completion of a family assessment, as an alternative to an investigation, as provided under the "differential response program" provided for in subsection (a-5) of Section 7.4 of the Abused and Neglected Child Reporting Act.
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. On and after January 1, 2015 (the effective date of Public Act 98-803) and before January 1, 2017, a minor charged with a criminal offense under the Criminal
Code of 1961 or the Criminal Code of 2012 or adjudicated delinquent shall not be placed in the custody of or
committed to the Department by any court, except (i) a minor less than 16 years
of age committed to the Department under Section 5-710 of the Juvenile Court
Act
of 1987, (ii) a minor for whom an independent basis of abuse, neglect, or dependency exists, which must be defined by departmental rule, or (iii) a minor for whom the court has granted a supplemental petition to reinstate wardship pursuant to subsection (2) of Section 2-33 of the Juvenile Court Act of 1987. On and after January 1, 2017, a minor charged with a criminal offense under the Criminal
Code of 1961 or the Criminal Code of 2012 or adjudicated delinquent shall not be placed in the custody of or
committed to the Department by any court, except (i) a minor less than 15 years
of age committed to the Department under Section 5-710 of the Juvenile Court
Act
of 1987, ii) a minor for whom an independent basis of abuse, neglect, or dependency exists, which must be defined by departmental rule, or (iii) a minor for whom the court has granted a supplemental petition to reinstate wardship pursuant to subsection (2) of Section 2-33 of the Juvenile Court Act of 1987. An independent basis exists when the allegations or adjudication of abuse, neglect, or dependency do not arise from the same facts, incident, or circumstances which give rise to a charge or adjudication of delinquency. The Department shall
assign a caseworker to attend any hearing involving a youth in
the care and custody of the Department who is placed on aftercare release, including hearings
involving sanctions for violation of aftercare release
conditions and aftercare release revocation hearings.
As soon as is possible after August 7, 2009 (the effective date of Public Act 96-134), the Department shall develop and implement a special program of family preservation services to support intact, foster, and adoptive families who are experiencing extreme hardships due to the difficulty and stress of caring for a child who has been diagnosed with a pervasive developmental disorder if the Department determines that those services are necessary to ensure the health and safety of the child. The Department may offer services to any family whether or not a report has been filed under the Abused and Neglected Child Reporting Act. The Department may refer the child or family to services available from other agencies in the community 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 these services shall be voluntary. The Department shall develop and implement a public information campaign to alert health and social service providers and the general public about these special family preservation services. The nature and scope of the services offered and the number of families served under the special program implemented under this paragraph shall be determined by the level of funding that the Department annually allocates for this purpose. The term "pervasive developmental disorder" under this paragraph means a neurological condition, including, but not limited to, Asperger's Syndrome and autism, as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association.
(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:
(m) The Department may assume temporary custody of any child if:
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 youth in care who was placed in 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, or garnishment or
otherwise.
(n-1) The Department shall provide or authorize child welfare services, aimed at assisting minors to achieve sustainable self-sufficiency as independent adults, for any minor eligible for the reinstatement of wardship pursuant to subsection (2) of Section 2-33 of the Juvenile Court Act of 1987, whether or not such reinstatement is sought or allowed, provided that the minor consents to such services and has not yet attained the age of 21. The Department shall have responsibility for the development and delivery of services under this Section. An eligible youth may access services under this Section through the Department of Children and Family Services or by referral from the Department of Human Services. Youth participating in services under this Section shall cooperate with the assigned case manager in developing an agreement identifying the services to be provided and how the youth will increase skills to achieve self-sufficiency. A homeless shelter is not considered appropriate housing for any youth receiving child welfare services under this Section. The Department shall continue child welfare services under this Section to any eligible minor until the minor becomes 21 years of age, no longer consents to participate, or achieves self-sufficiency as identified in the minor's service plan. The Department of Children and Family Services shall create clear, readable notice of the rights of former foster youth to child welfare services under this Section and how such services may be obtained. The Department of Children and Family Services and the Department of Human Services shall disseminate this information statewide. The Department shall adopt regulations describing services intended to assist minors in achieving sustainable self-sufficiency as independent adults.
(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. Youth in care who are placed by private child welfare agencies, and foster families with whom
those youth 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 ensure that any private child welfare
agency, which accepts youth in care 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. A court determination that a current foster home placement is necessary and appropriate under Section 2-28 of the Juvenile Court Act of 1987 does not constitute a judicial determination on the merits of an administrative appeal, filed by a former foster parent, involving a change of placement decision.
(p) (Blank).
(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, except that the benefits described in Section 5.46 must be used and conserved consistent with the provisions under Section 5.46.
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:
(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 child or child with a disability 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:
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) In addition to other information that must be provided, whenever the Department places a child with a prospective adoptive parent or parents, in a licensed foster home,
group home, or child care institution, or in a relative home, the Department
shall provide to the prospective adoptive parent or parents or other caretaker:
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 children to be placed or currently in the home. The Department may prepare a written summary of the information required by this paragraph, which may be provided to the foster or prospective adoptive parent in advance of a placement. The foster or prospective adoptive parent may review the supporting documents in the child's file in the presence of casework staff. In the case of an emergency placement, casework staff shall at least provide known information verbally, if necessary, and must subsequently provide the information in writing as required by this subsection.
The information described in this subsection shall be provided in writing. In the case of emergency placements when time does not allow prior review, preparation, and collection of written information, the Department shall provide such information as it becomes available. Within 10 business days after placement, the Department shall obtain from the prospective adoptive parent or parents or other caretaker a signed verification of receipt of the information provided. Within 10 business days after placement, the Department shall provide to the child's guardian ad litem a copy of the information provided to the prospective adoptive parent or parents or other caretaker. The information provided to the prospective adoptive parent or parents or other caretaker shall be reviewed and approved regarding accuracy at the supervisory level.
(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
Illinois State Police Law
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 Illinois 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 Illinois 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 Illinois State Police relating to the access and dissemination of
this information.
(v-1) Prior to final approval for placement of a child, the Department shall conduct a criminal records background check of the prospective foster or adoptive parent, including fingerprint-based checks of national crime information databases. Final approval for placement shall not be granted if the record check reveals a felony conviction for child abuse or neglect, for spousal abuse, for a crime against children, or for a crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery, or if there is a felony conviction for physical assault, battery, or a drug-related offense committed within the past 5 years.
(v-2) Prior to final approval for placement of a child, the Department shall check its child abuse and neglect registry for information concerning prospective foster and adoptive parents, and any adult living in the home. If any prospective foster or adoptive parent or other adult living in the home has resided in another state in the preceding 5 years, the Department shall request a check of that other state's child abuse and neglect registry.
(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.
(x) The Department shall conduct annual credit history checks to determine the financial history of children placed under its guardianship pursuant to the Juvenile Court Act of 1987. The Department shall conduct such credit checks starting when a youth in care turns 12 years old and each year thereafter for the duration of the guardianship as terminated pursuant to the Juvenile Court Act of 1987. The Department shall determine if financial exploitation of the child's personal information has occurred. If financial exploitation appears to have taken place or is presently ongoing, the Department shall notify the proper law enforcement agency, the proper State's Attorney, or the Attorney General.
(y) Beginning on July 22, 2010 (the effective date of Public Act 96-1189), a child with a disability who receives residential and educational services from the Department shall be eligible to receive transition services in accordance with Article 14 of the School Code from the age of 14.5 through age 21, inclusive, notwithstanding the child's residential services arrangement. For purposes of this subsection, "child with a disability" means a child with a disability as defined by the federal Individuals with Disabilities Education Improvement Act of 2004.
(z) The Department shall access criminal history record information as defined as "background information" in this subsection and criminal history record information as defined in the Illinois Uniform Conviction Information Act for each Department employee or Department applicant. Each Department employee or Department applicant shall submit his or her fingerprints to the Illinois State Police in the form and manner prescribed by the Illinois State Police. These fingerprints shall be checked against the fingerprint records now and hereafter filed in the Illinois State Police and the Federal Bureau of Investigation criminal history records databases. The Illinois State Police shall charge a fee for conducting the criminal history record check, which shall be deposited into the State Police Services Fund and shall not exceed the actual cost of the record check. The Illinois State Police shall furnish, pursuant to positive identification, all Illinois conviction information to the Department of Children and Family Services.
For purposes of this subsection:
"Background information" means all of the following:
"Department employee" means a full-time or temporary employee coded or certified within the State of Illinois Personnel System.
"Department applicant" means an individual who has conditional Department full-time or part-time work, a contractor, an individual used to replace or supplement staff, an academic intern, a volunteer in Department offices or on Department contracts, a work-study student, an individual or entity licensed by the Department, or an unlicensed service provider who works as a condition of a contract or an agreement and whose work may bring the unlicensed service provider into contact with Department clients or client records.
(Source: P.A. 101-13, eff. 6-12-19; 101-79, eff. 7-12-19; 101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-1014, eff. 5-27-22.)
(20 ILCS 505/5a) (from Ch. 23, par. 5005a)
(Text of Section before amendment by P.A. 102-926)
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
Miscellaneous.
ADMINISTRATIVE COSTS
Program Administration;
Supervision and Consultation;
Inspection and Monitoring for purposes of issuing
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.
The Department may offer services to any child or family with respect to whom a report of suspected child abuse or neglect has been called in to the hotline after completion of a family assessment as provided under subsection (a-5) of Section 7.4 of the Abused and Neglected Child Reporting Act and the Department has determined that services are needed to address the safety of the child and other family members and the risk of subsequent maltreatment. Acceptance of such services shall be voluntary.
All Object Expenses, Service Activities and Administrative
Costs are allowable.
If a survey instrument is used in the rate setting process:
The Department of Children and Family Services may pay 100% of the
reasonable costs of research and valuation
focused exclusively on services to youth in care. 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. 100-159, eff. 8-18-17.)
(Text of Section after amendment by P.A. 102-926)
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
Miscellaneous.
ADMINISTRATIVE COSTS
Program Administration;
Supervision and Consultation;
Inspection and Monitoring for purposes of issuing
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.
The Department may offer services to any child or family with respect to whom a report of suspected child abuse or neglect has been called in to the hotline after completion of a family assessment as provided under subsection (a-5) of Section 7.4 of the Abused and Neglected Child Reporting Act and the Department has determined that services are needed to address the safety of the child and other family members and the risk of subsequent maltreatment. Acceptance of such services shall be voluntary.
All Object Expenses, Service Activities and Administrative
Costs are allowable.
If a survey instrument is used in the rate setting process:
The Department of Children and Family Services may pay 100% of the
reasonable costs of research and valuation
focused exclusively on services to youth in care. 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".
The rates paid to day care providers by the Department of Children and Family Services shall match the rates paid to child care providers by the Department of Human Services under the child care assistance program, including base rates and any relevant rate enhancements.
(Source: P.A. 102-926, eff. 7-1-23.)
(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 (now known as the DHS Special Purposes Trust Fund) described in Section 12-10 of the Illinois
Public Aid Code.
(Source: P.A. 99-933, eff. 1-27-17.)
(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:
(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, juris doctor, medical, public administration, or other relevant human services degree 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. 102-45, eff. 1-1-22.)
(20 ILCS 505/5e)
Sec. 5e. Advocacy Office for Children and Families.
(a) 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.
(b) If a youth in care, current foster parent or caregiver, or caseworker requests the information, the Advocacy Office shall make available the name, electronic mail address, and telephone number for each youth's court-appointed guardian ad litem and, if applicable, the guardian ad litem's supervisor.
(c) The Advocacy Office shall include
a statewide toll-free telephone number and an electronic mail address that may be used to file complaints,
to obtain information about the delivery of child welfare services by the
Department or its agents, and to obtain the contact information for the guardian ad litem. This telephone number and electronic mail address shall be included in all
appropriate notices and handbooks regarding services available through
the Department.
(d) The Department shall provide a flyer to all youth entering care describing the responsibilities of the Advocacy Office listed in this Section, the toll-free telephone number and electronic mailing address for the Advocacy Office, and a description of the role of a guardian ad litem. The Department shall also provide this flyer to youth at every administrative case review.
(Source: P.A. 102-208, eff. 7-30-21.)
(20 ILCS 505/5f)
Sec. 5f. Reimbursement rates. On July 1, 2019, the Department of Children and Family Services shall increase rates in effect on June 30, 2019 for providers by 5%. The contractual and grant services eligible for increased reimbursement rates under this Section include the following:
(Source: P.A. 101-10, eff. 6-5-19.)
(20 ILCS 505/5.05)
Sec. 5.05. Victims of sex trafficking.
(a) Legislative findings. Because of their histories of trauma, youth in the care of the Department of Children and Family Services are particularly vulnerable to sex traffickers. Sex traffickers often target child care facilities licensed by the Department to recruit their victims. Foster children who are victims of sex trafficking present unique treatment needs that existing treatment programs are not always able to address. The Department of Children and Family Services needs to develop a comprehensive strategy and continuum of care to treat foster children who are identified as victims of sex trafficking.
(b) Multi-disciplinary workgroup. By January 1, 2016, the Department shall convene a multi-disciplinary workgroup to review treatment programs for youth in the Department's care who are victims of sex trafficking and to make recommendations regarding a continuum of care for these vulnerable youth. The workgroup shall do all of the following:
(c) Composition of workgroup. The workgroup shall consist of a minimum of:
(d) Records and information. Upon request, the Department shall provide the workgroup with all records and information in the Department's possession that are relevant to the workgroup's review of existing programs and to the workgroup's review of the need for new programs for victims of sex trafficking. The Department shall redact any confidential information from the records and information provided to the workgroup to maintain the confidentiality of persons served by the Department.
(e) Workgroup report. The workgroup shall provide a report to the General Assembly no later than January 1, 2017 with its findings and recommendations.
(f) Department report. No later than March 1, 2017, the Department shall implement the workgroup's recommendations, as feasible and appropriate, and shall submit a written report to the General Assembly that explains the Department's decision to implement or to not implement each of the workgroup's recommendations.
(g) Specialized placements. No later than July 1, 2019, the Department shall enter into contracts with public or private agencies or shall complete development for specialized placements for youth in the Department's care who are victims of sex trafficking. Such specialized placements may include, but not be limited to, licensed foster homes, group homes, residential facilities, and secure residential facilities that specialize in providing treatment to children who are victims of sex trafficking.
(Source: P.A. 99-350, eff. 1-1-16; 100-705, eff. 1-1-19.)
(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:
(Source: P.A. 89-507, eff. 7-1-97.)
(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:
The requirement for reporting to the General Assembly shall be satisfied
by filing copies of the report
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:
(d) The Department of Human Services shall conduct day care planning
activities with the following priorities:
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. 100-1148, eff. 12-10-18.)
(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.)
(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 505/5.26)
(Text of Section from P.A. 102-763)
Sec. 5.26. Foster children; exit interviews.
(a) Unless clinically contraindicated, the Department shall ensure that an exit interview is conducted with every child age 5 and over who leaves a foster home.
(b) The Department shall develop procedures, including an interview form, no later than January 1, 2023, to implement this Section.
(c) Beginning July 1, 2023 and quarterly thereafter, the Department shall post on its webpage a report summarizing the details of the exit interviews.
(Source: P.A. 102-763, eff. 1-1-23.)
(Text of Section from P.A. 102-898)
(Section scheduled to be repealed on January 1, 2026)
Sec. 5.26. Holistic Mental Health Care for Youth in Care Task Force.
(a) The Holistic Mental Health Care for Youth in Care Task Force is created. The Task Force shall review and make recommendations regarding mental health and wellness services provided to youth in care, including a program of holistic mental health services provided 30 days after the date upon which a youth is placed in foster care, in order to determine how to best meet the mental health needs of youth in care. Additionally, the Task Force shall:
(b) The Task Force shall have 9 members, comprised as follows:
Task Force members shall serve without compensation but may be reimbursed for necessary expenses incurred in the performance of their duties.
(c) The Task Force shall meet at least once each month beginning no later than July 1, 2022 and at other times as determined by the Task Force. The Task Force may hold electronic meetings and a member of the Task Force shall be deemed present for the purposes of establishing a quorum and voting.
(d) The Department of Healthcare and Family Services, in conjunction with the Department of Children and Family Services, shall provide administrative and other support to the Task Force.
(e) The Task Force shall prepare and submit to the Governor and the General Assembly at the end of each quarter a report that summarizes its work and makes recommendations resulting from its study. The Task Force shall submit its final report to the Governor and the General Assembly no later than December 31, 2024. Upon submission of its final report, the Task Force is dissolved.
(f) This Section is repealed on January 1, 2026.
(Source: P.A. 102-898, eff. 5-25-22.)
(20 ILCS 505/5.30)
Sec. 5.30. Specialized care.
(a) Not later than July 1, 2007, the Department shall adopt a rule, or an amendment to a rule then in effect, regarding the provision of specialized care to a child in the custody or guardianship of the Department, or to a child being placed in a subsidized guardianship arrangement or under an adoption assistance agreement, who requires such services due to emotional, behavioral, developmental, or medical needs, or any combination thereof, or any other needs which require special intervention services, the primary goal being to maintain the child in foster care or in a permanency setting. The rule or amendment to a rule shall establish, at a minimum, the criteria, standards, and procedures for the following:
The rule or amendment to a rule adopted under this subsection shall establish the minimum services to be provided to children eligible for specialized care under this Section. The Department shall also adopt rules providing for the training of Department and public or private agency staff involved in implementing the rule. On or before September 1 of 2007 and each year thereafter, the Department shall submit to the General Assembly an annual report on the implementation of this Section.
(b) No payments to caregivers in effect for the specialized treatment or care of a child, nor the level of care being provided to a child prior to the effective date of this amendatory Act of the 94th General Assembly, shall be reduced under the criteria, standards, and procedures adopted and implemented under this Section.
(Source: P.A. 94-1010, eff. 10-1-06.)
(20 ILCS 505/5.35)
Sec. 5.35. Residential services; rates.
(a) In this Section, "residential services" means child care institution care, group home care, independent living services, and transitional living services that are licensed and purchased by the Department on behalf of children under the age of 22 years who are served by the Department and who need 24-hour residential care due to emotional and behavior problems or severe mental illness and that are services for which the Department has rate-setting authority.
For the purposes of this Section, "residential services" does not include (i) residential alcohol and other drug abuse treatment services or (ii) programs serving children primarily referred because of a developmental disability or mental health needs.
(b) The Department shall work with representatives of residential services providers with which the Department contracts for residential services and with representatives of other State agencies that purchase comparable residential services from agencies for which the Department has rate-setting authority to develop a performance-based model for these residential services. Other State agencies shall include, but not be limited to, the Department of Human Services, the Department of Juvenile Justice, and the Illinois State Board of Education. The rate paid by the other State agencies for comparable residential services shall not be less than the performance-based rates set by the Department.
(c) The performance-based model to be developed shall include required program components and a rate-setting methodology that incorporates the reasonable costs of the required program components, subject to the provisions and limitations prescribed in 89 Illinois Administrative Code, Chapter III, Subchapter c, Part 356, Rate-setting.
(Source: P.A. 96-65, eff. 7-23-09.)
(20 ILCS 505/5.40)
Sec. 5.40. Multi-dimensional treatment foster care. Subject to appropriations, beginning June 1, 2016, the Department shall implement a 5-year pilot program of multi-dimensional treatment foster care, or a substantially similar evidence-based program of professional foster care, for (i) children entering care with severe trauma histories, with the goal of returning the child home or maintaining the child in foster care instead of placing the child in congregate care or a more restrictive setting or placement, (ii) children who require placement in foster care when they are ready for discharge from a residential treatment facility, and (iii) children who are identified for residential or group home care and who, based on a determination made by the Department, could be placed in a foster home if higher level interventions are provided.
The Department shall arrange for an independent evaluation of the pilot program to determine whether it is meeting the goal of maintaining children in the least restrictive, most appropriate family-like setting, near the child's home community, while they are in the Department's care and to determine whether there is a long-term cost benefit to continuing the pilot program.
At the end of the 5-year pilot program, the Department shall submit a report to the General Assembly with its findings of the evaluation. The report shall state whether the Department intends to continue th