SB3196: DCFS-YOUTH TRANSITIONS

SB3196 Enrolled LRB104 20388 KTG 33848 b 1 AN ACT concerning children. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Children and Family Services Act is amended 5 by changing Sections 5 and 35.10 as follows: 6 (20 ILCS 505/5) 7 (Text of Section before amendment by P.A. 104-107 ) 8 Sec. 5. Direct child welfare services; Department of 9 Children and Family Services. To provide direct child welfare 10 services when not available through other public or private 11 child care or program facilities. 12 (a) For purposes of this Section: 13 (1) "Children" means persons found within the State 14 who are under the age of 18 years. The term also includes 15 persons under age 21 who: 16 (A) were committed to the Department pursuant to 17 the Juvenile Court Act or the Juvenile Court Act of 18 1987 and who continue under the jurisdiction of the 19 court; or 20 (B) were accepted for care, service and training 21 by the Department prior to the age of 18 and whose best 22 interest in the discretion of the Department would be 23 served by continuing that care, service and training SB3196 Enrolled - 2 - LRB104 20388 KTG 33848 b 1 because of severe emotional disturbances, physical 2 disability, social adjustment or any combination 3 thereof, or because of the need to complete an 4 educational or vocational training program. 5 (2) "Homeless youth" means persons found within the 6 State who are under the age of 19, are not in a safe and 7 stable living situation and cannot be reunited with their 8 families. 9 (3) "Child welfare services" means public social 10 services which are directed toward the accomplishment of 11 the following purposes: 12 (A) protecting and promoting the health, safety 13 and welfare of children, including homeless, 14 dependent, or neglected children; 15 (B) remedying, or assisting in the solution of 16 problems which may result in, the neglect, abuse, 17 exploitation, or delinquency of children; 18 (C) preventing the unnecessary separation of 19 children from their families by identifying family 20 problems, assisting families in resolving their 21 problems, and preventing the breakup of the family 22 where the prevention of child removal is desirable and 23 possible when the child can be cared for at home 24 without endangering the child's health and safety; 25 (D) restoring to their families children who have 26 been removed, by the provision of services to the SB3196 Enrolled - 3 - LRB104 20388 KTG 33848 b 1 child and the families when the child can be cared for 2 at home without endangering the child's health and 3 safety; 4 (E) placing children in suitable permanent family 5 arrangements, through guardianship or adoption, in 6 cases where restoration to the birth family is not 7 safe, possible, or appropriate; 8 (F) at the time of placement, conducting 9 concurrent planning, as described in subsection (l-1) 10 of this Section, so that permanency may occur at the 11 earliest opportunity. Consideration should be given so 12 that if reunification fails or is delayed, the 13 placement made is the best available placement to 14 provide permanency for the child; 15 (G) (blank); 16 (H) (blank); and 17 (I) placing and maintaining children in facilities 18 that provide separate living quarters for children 19 under the age of 18 and for children 18 years of age 20 and older, unless a child 18 years of age is in the 21 last year of high school education or vocational 22 training, in an approved individual or group treatment 23 program, in a licensed shelter facility, or secure 24 child care facility. The Department is not required to 25 place or maintain children: 26 (i) who are in a foster home, or SB3196 Enrolled - 4 - LRB104 20388 KTG 33848 b 1 (ii) who are persons with a developmental 2 disability, as defined in the Mental Health and 3 Developmental Disabilities Code, or 4 (iii) who are female children who are 5 pregnant, pregnant and parenting, or parenting, or 6 (iv) who are siblings, in facilities that 7 provide separate living quarters for children 18 8 years of age and older and for children under 18 9 years of age. 10 (b) (Blank). 11 (b-5) The Department shall adopt rules to establish a 12 process for all licensed residential providers in Illinois to 13 submit data as required by the Department if they contract or 14 receive reimbursement for children's mental health, substance 15 use, and developmental disability services from the Department 16 of Human Services, the Department of Juvenile Justice, or the 17 Department of Healthcare and Family Services. The requested 18 data must include, but is not limited to, capacity, staffing, 19 and occupancy data for the purpose of establishing State need 20 and placement availability. 21 All information collected, shared, or stored pursuant to 22 this subsection shall be handled in accordance with all State 23 and federal privacy laws and accompanying regulations and 24 rules, including , without limitation , the federal Health 25 Insurance Portability and Accountability Act of 1996 (Public 26 Law 104-191) and the Mental Health and Developmental SB3196 Enrolled - 5 - LRB104 20388 KTG 33848 b 1 Disabilities Confidentiality Act. 2 (c) The Department shall establish and maintain 3 tax-supported child welfare services and extend and seek to 4 improve voluntary services throughout the State, to the end 5 that services and care shall be available on an equal basis 6 throughout the State to children requiring such services. 7 (d) The Director may authorize advance disbursements for 8 any new program initiative to any agency contracting with the 9 Department. As a prerequisite for an advance disbursement, the 10 contractor must post a surety bond in the amount of the advance 11 disbursement and have a purchase of service contract approved 12 by the Department. The Department may pay up to 2 months 13 operational expenses in advance. The amount of the advance 14 disbursement shall be prorated over the life of the contract 15 or the remaining months of the fiscal year, whichever is less, 16 and the installment amount shall then be deducted from future 17 bills. Advance disbursement authorizations for new initiatives 18 shall not be made to any agency after that agency has operated 19 during 2 consecutive fiscal years. The requirements of this 20 Section concerning advance disbursements shall not apply with 21 respect to the following: payments to local public agencies 22 for child day care services as authorized by Section 5a of this 23 Act; and youth service programs receiving grant funds under 24 Section 17a-4. 25 (e) (Blank). 26 (f) (Blank). SB3196 Enrolled - 6 - LRB104 20388 KTG 33848 b 1 (g) The Department shall establish rules and regulations 2 concerning its operation of programs designed to meet the 3 goals of child safety and protection, family preservation, and 4 permanency, including, but not limited to: 5 (1) reunification, guardianship, and adoption; 6 (2) relative and licensed foster care; 7 (3) family counseling; 8 (4) protective services; 9 (5) (blank); 10 (6) homemaker service; 11 (7) return of runaway children; 12 (8) (blank); 13 (9) placement under Section 5-7 of the Juvenile Court 14 Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile 15 Court Act of 1987 in accordance with the federal Adoption 16 Assistance and Child Welfare Act of 1980; and 17 (10) interstate services. 18 Rules and regulations established by the Department shall 19 include provisions for training Department staff and the staff 20 of Department grantees, through contracts with other agencies 21 or resources, in screening techniques to identify substance 22 use disorders, as defined in the Substance Use Disorder Act, 23 approved by the Department of Human Services, as a successor 24 to the Department of Alcoholism and Substance Abuse, for the 25 purpose of identifying children and adults who should be 26 referred for an assessment at an organization appropriately SB3196 Enrolled - 7 - LRB104 20388 KTG 33848 b 1 licensed by the Department of Human Services for substance use 2 disorder treatment. 3 (h) If the Department finds that there is no appropriate 4 program or facility within or available to the Department for 5 a youth in care and that no licensed private facility has an 6 adequate and appropriate program or none agrees to accept the 7 youth in care, the Department shall create an appropriate 8 individualized, program-oriented plan for such youth in care. 9 The plan may be developed within the Department or through 10 purchase of services by the Department to the extent that it is 11 within its statutory authority to do. 12 (i) Service programs shall be available throughout the 13 State and shall include but not be limited to the following 14 services: 15 (1) case management; 16 (2) homemakers; 17 (3) counseling; 18 (4) parent education; 19 (5) day care; 20 (6) emergency assistance and advocacy; and 21 (7) kinship navigator and relative caregiver supports. 22 In addition, the following services may be made available 23 to assess and meet the needs of children and families: 24 (1) comprehensive family-based services; 25 (2) assessments; 26 (3) respite care; and SB3196 Enrolled - 8 - LRB104 20388 KTG 33848 b 1 (4) in-home health services. 2 The Department shall provide transportation for any of the 3 services it makes available to children or families or for 4 which it refers children or families. 5 (j) The Department may provide categories of financial 6 assistance and education assistance grants, and shall 7 establish rules and regulations concerning the assistance and 8 grants, to persons who adopt or become subsidized guardians of 9 children with physical or mental disabilities, children who 10 are older, or other hard-to-place children who (i) immediately 11 prior to their adoption or subsidized guardianship were youth 12 in care or (ii) were determined eligible for financial 13 assistance with respect to a prior adoption and who become 14 available for adoption because the prior adoption has been 15 dissolved and the parental rights of the adoptive parents have 16 been terminated or because the child's adoptive parents have 17 died. The Department may continue to provide financial 18 assistance and education assistance grants for a child who was 19 determined eligible for financial assistance under this 20 subsection (j) in the interim period beginning when the 21 child's adoptive parents died and ending with the finalization 22 of the new adoption of the child by another adoptive parent or 23 parents. The Department may also provide categories of 24 financial assistance and education assistance grants, and 25 shall establish rules and regulations for the assistance and 26 grants, to persons appointed guardian of the person under SB3196 Enrolled - 9 - LRB104 20388 KTG 33848 b 1 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28, 2 4-25, or 5-740 of the Juvenile Court Act of 1987 for children 3 who were youth in care for 12 months immediately prior to the 4 appointment of the guardian. 5 The amount of assistance may vary, depending upon the 6 needs of the child and the adoptive parents or subsidized 7 guardians, as set forth in the annual assistance agreement. 8 Special purpose grants are allowed where the child requires 9 special service but such costs may not exceed the amounts 10 which similar services would cost the Department if it were to 11 provide or secure them as guardian of the child. 12 Any financial assistance provided under this subsection is 13 inalienable by assignment, sale, execution, attachment, 14 garnishment, or any other remedy for recovery or collection of 15 a judgment or debt. 16 (j-5) The Department shall not deny or delay the placement 17 of a child for adoption if an approved family is available 18 either outside of the Department region handling the case, or 19 outside of the State of Illinois. 20 (k) The Department shall accept for care and training any 21 child who has been adjudicated neglected or abused, or 22 dependent committed to it pursuant to the Juvenile Court Act 23 or the Juvenile Court Act of 1987. 24 (l) The Department shall offer family preservation 25 services, as defined in Section 8.2 of the Abused and 26 Neglected Child Reporting Act, to help families, including SB3196 Enrolled - 10 - LRB104 20388 KTG 33848 b 1 adoptive and extended families. Family preservation services 2 shall be offered (i) to prevent the placement of children in 3 substitute care when the children can be cared for at home or 4 in the custody of the person responsible for the children's 5 welfare, (ii) to reunite children with their families, or 6 (iii) to maintain an adoption or subsidized guardianship. 7 Family preservation services shall only be offered when doing 8 so will not endanger the children's health or safety. With 9 respect to children who are in substitute care pursuant to the 10 Juvenile Court Act of 1987, family preservation services shall 11 not be offered if a goal other than those of subdivisions (A), 12 (B), or (B-1) of subsection (2.3) of Section 2-28 of that Act 13 has been set, except that reunification services may be 14 offered as provided in paragraph (F) of subsection (2.3) of 15 Section 2-28 of that Act. Nothing in this paragraph shall be 16 construed to create a private right of action or claim on the 17 part of any individual or child welfare agency, except that 18 when a child is the subject of an action under Article II of 19 the Juvenile Court Act of 1987 and the child's service plan 20 calls for services to facilitate achievement of the permanency 21 goal, the court hearing the action under Article II of the 22 Juvenile Court Act of 1987 may order the Department to provide 23 the services set out in the plan, if those services are not 24 provided with reasonable promptness and if those services are 25 available. 26 The Department shall notify the child and the child's SB3196 Enrolled - 11 - LRB104 20388 KTG 33848 b 1 family of the Department's responsibility to offer and provide 2 family preservation services as identified in the service 3 plan. The child and the child's family shall be eligible for 4 services as soon as the report is determined to be 5 "indicated". The Department may offer services to any child or 6 family with respect to whom a report of suspected child abuse 7 or neglect has been filed, prior to concluding its 8 investigation under Section 7.12 of the Abused and Neglected 9 Child Reporting Act. However, the child's or family's 10 willingness to accept services shall not be considered in the 11 investigation. The Department may also provide services to any 12 child or family who is the subject of any report of suspected 13 child abuse or neglect or may refer such child or family to 14 services available from other agencies in the community, even 15 if the report is determined to be unfounded, if the conditions 16 in the child's or family's home are reasonably likely to 17 subject the child or family to future reports of suspected 18 child abuse or neglect. Acceptance of such services shall be 19 voluntary. The Department may also provide services to any 20 child or family after completion of a family assessment, as an 21 alternative to an investigation, as provided under the 22 "differential response program" provided for in subsection 23 (a-5) of Section 7.4 of the Abused and Neglected Child 24 Reporting Act. 25 The Department may, at its discretion except for those 26 children also adjudicated neglected or dependent, accept for SB3196 Enrolled - 12 - LRB104 20388 KTG 33848 b 1 care and training any child who has been adjudicated addicted, 2 as a truant minor in need of supervision or as a minor 3 requiring authoritative intervention, under the Juvenile Court 4 Act or the Juvenile Court Act of 1987, but no such child shall 5 be committed to the Department by any court without the 6 approval of the Department. On and after January 1, 2015 (the 7 effective date of Public Act 98-803) and before January 1, 8 2017, a minor charged with a criminal offense under the 9 Criminal Code of 1961 or the Criminal Code of 2012 or 10 adjudicated delinquent shall not be placed in the custody of 11 or committed to the Department by any court, except (i) a minor 12 less than 16 years of age committed to the Department under 13 Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor 14 for whom an independent basis of abuse, neglect, or dependency 15 exists, which must be defined by departmental rule, or (iii) a 16 minor for whom the court has granted a supplemental petition 17 to reinstate wardship pursuant to subsection (2) of Section 18 2-33 of the Juvenile Court Act of 1987. On and after January 1, 19 2017, a minor charged with a criminal offense under the 20 Criminal Code of 1961 or the Criminal Code of 2012 or 21 adjudicated delinquent shall not be placed in the custody of 22 or committed to the Department by any court, except (i) a minor 23 less than 15 years of age committed to the Department under 24 Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor 25 for whom an independent basis of abuse, neglect, or dependency 26 exists, which must be defined by departmental rule, or (iii) a SB3196 Enrolled - 13 - LRB104 20388 KTG 33848 b 1 minor for whom the court has granted a supplemental petition 2 to reinstate wardship pursuant to subsection (2) of Section 3 2-33 of the Juvenile Court Act of 1987. An independent basis 4 exists when the allegations or adjudication of abuse, neglect, 5 or dependency do not arise from the same facts, incident, or 6 circumstances which give rise to a charge or adjudication of 7 delinquency. The Department shall assign a caseworker to 8 attend any hearing involving a youth in the care and custody of 9 the Department who is placed on aftercare release, including 10 hearings involving sanctions for violation of aftercare 11 release conditions and aftercare release revocation hearings. 12 As soon as is possible, the Department shall develop and 13 implement a special program of family preservation services to 14 support intact, relative, foster, and adoptive families who 15 are experiencing extreme hardships due to the difficulty and 16 stress of caring for a child who has been diagnosed with a 17 pervasive developmental disorder if the Department determines 18 that those services are necessary to ensure the health and 19 safety of the child. The Department may offer services to any 20 family whether or not a report has been filed under the Abused 21 and Neglected Child Reporting Act. The Department may refer 22 the child or family to services available from other agencies 23 in the community if the conditions in the child's or family's 24 home are reasonably likely to subject the child or family to 25 future reports of suspected child abuse or neglect. Acceptance 26 of these services shall be voluntary. The Department shall SB3196 Enrolled - 14 - LRB104 20388 KTG 33848 b 1 develop and implement a public information campaign to alert 2 health and social service providers and the general public 3 about these special family preservation services. The nature 4 and scope of the services offered and the number of families 5 served under the special program implemented under this 6 paragraph shall be determined by the level of funding that the 7 Department annually allocates for this purpose. The term 8 "pervasive developmental disorder" under this paragraph means 9 a neurological condition, including, but not limited to, 10 Asperger's Syndrome and autism, as defined in the most recent 11 edition of the Diagnostic and Statistical Manual of Mental 12 Disorders of the American Psychiatric Association. 13 (l-1) The General Assembly recognizes that the best 14 interests of the child require that the child be placed in the 15 most permanent living arrangement that is an appropriate 16 option for the child, consistent with the child's best 17 interest, using the factors set forth in subsection (4.05) of 18 Section 1-3 of the Juvenile Court Act of 1987 as soon as is 19 practically possible. To achieve this goal, the General 20 Assembly directs the Department of Children and Family 21 Services to conduct concurrent planning so that permanency may 22 occur at the earliest opportunity. Permanent living 23 arrangements may include prevention of placement of a child 24 outside the home of the family when the child can be cared for 25 at home without endangering the child's health or safety; 26 reunification with the family, when safe and appropriate, if SB3196 Enrolled - 15 - LRB104 20388 KTG 33848 b 1 temporary placement is necessary; or movement of the child 2 toward the most appropriate living arrangement and legal 3 status. 4 When determining reasonable efforts to be made with 5 respect to a child, as described in this subsection, and in 6 making such reasonable efforts, the child's health and safety 7 shall be the paramount concern. 8 When a child is placed in foster care, the Department 9 shall ensure and document that reasonable efforts were made to 10 prevent or eliminate the need to remove the child from the 11 child's home. The Department must make reasonable efforts to 12 reunify the family when temporary placement of the child 13 occurs unless otherwise required, pursuant to the Juvenile 14 Court Act of 1987. At any time after the dispositional hearing 15 where the Department believes that further reunification 16 services would be ineffective, it may request a finding from 17 the court that reasonable efforts are no longer appropriate. 18 The Department is not required to provide further 19 reunification services after such a finding. 20 A decision to place a child in substitute care shall be 21 made with considerations of the child's health, safety, and 22 best interests. The Department shall make diligent efforts to 23 place the child with a relative, document those diligent 24 efforts, and document reasons for any failure or inability to 25 secure such a relative placement. If the primary issue 26 preventing an emergency placement of a child with a relative SB3196 Enrolled - 16 - LRB104 20388 KTG 33848 b 1 is a lack of resources, including, but not limited to, 2 concrete goods, safety modifications, and services, the 3 Department shall make diligent efforts to assist the relative 4 in obtaining the necessary resources. No later than July 1, 5 2025, the Department shall adopt rules defining what is 6 diligent and necessary in providing supports to potential 7 relative placements. At the time of placement, consideration 8 should also be given so that if reunification fails or is 9 delayed, the placement has the potential to be an appropriate 10 permanent placement for the child. 11 The Department shall adopt rules addressing concurrent 12 planning for reunification and permanency. The Department 13 shall consider the following factors when determining 14 appropriateness of concurrent planning: 15 (1) the likelihood of prompt reunification; 16 (2) the past history of the family; 17 (3) the barriers to reunification being addressed by 18 the family; 19 (4) the level of cooperation of the family; 20 (4.5) the child's wishes; 21 (5) the caregivers' willingness to work with the 22 family to reunite; 23 (6) the willingness and ability of the caregivers' to 24 provide a permanent placement; 25 (7) the age of the child; 26 (8) placement of siblings; and SB3196 Enrolled - 17 - LRB104 20388 KTG 33848 b 1 (9) the wishes of the parent or parents unless the 2 parental preferences are contrary to the best interests of 3 the child. 4 (m) The Department may assume temporary custody of any 5 child if: 6 (1) it has received a written consent to such 7 temporary custody signed by the parents of the child or by 8 the parent having custody of the child if the parents are 9 not living together or by the guardian or custodian of the 10 child if the child is not in the custody of either parent, 11 or 12 (2) the child is found in the State and neither a 13 parent, guardian nor custodian of the child can be 14 located. 15 If the child is found in the child's residence without a 16 parent, guardian, custodian, or responsible caretaker, the 17 Department may, instead of removing the child and assuming 18 temporary custody, place an authorized representative of the 19 Department in that residence until such time as a parent, 20 guardian, or custodian enters the home and expresses a 21 willingness and apparent ability to ensure the child's health 22 and safety and resume permanent charge of the child, or until a 23 relative enters the home and is willing and able to ensure the 24 child's health and safety and assume charge of the child until 25 a parent, guardian, or custodian enters the home and expresses 26 such willingness and ability to ensure the child's safety and SB3196 Enrolled - 18 - LRB104 20388 KTG 33848 b 1 resume permanent charge. After a caretaker has remained in the 2 home for a period not to exceed 12 hours, the Department must 3 follow those procedures outlined in Section 2-9, 3-11, 4-8, or 4 5-415 of the Juvenile Court Act of 1987. 5 The Department shall have the authority, responsibilities 6 and duties that a legal custodian of the child would have 7 pursuant to subsection (9) of Section 1-3 of the Juvenile 8 Court Act of 1987. Whenever a child is taken into temporary 9 custody pursuant to an investigation under the Abused and 10 Neglected Child Reporting Act, or pursuant to a referral and 11 acceptance under the Juvenile Court Act of 1987 of a minor in 12 limited custody, the Department, during the period of 13 temporary custody and before the child is brought before a 14 judicial officer as required by Section 2-9, 3-11, 4-8, or 15 5-415 of the Juvenile Court Act of 1987, shall have the 16 authority, responsibilities and duties that a legal custodian 17 of the child would have under subsection (9) of Section 1-3 of 18 the Juvenile Court Act of 1987. 19 The Department shall ensure that any child taken into 20 custody is scheduled for an appointment for a medical 21 examination. 22 A parent, guardian, or custodian of a child in the 23 temporary custody of the Department who would have custody of 24 the child if the child were not in the temporary custody of the 25 Department may deliver to the Department a signed request that 26 the Department surrender the temporary custody of the child. SB3196 Enrolled - 19 - LRB104 20388 KTG 33848 b 1 The Department may retain temporary custody of the child for 2 10 days after the receipt of the request, during which period 3 the Department may cause to be filed a petition pursuant to the 4 Juvenile Court Act of 1987. If a petition is so filed, the 5 Department shall retain temporary custody of the child until 6 the court orders otherwise. If a petition is not filed within 7 the 10-day period, the child shall be surrendered to the 8 custody of the requesting parent, guardian, or custodian not 9 later than the expiration of the 10-day period, at which time 10 the authority and duties of the Department with respect to the 11 temporary custody of the child shall terminate. 12 (m-1) The Department may place children under 18 years of 13 age in a secure child care facility licensed by the Department 14 that cares for children who are in need of secure living 15 arrangements for their health, safety, and well-being after a 16 determination is made by the facility director and the 17 Director or the Director's designate prior to admission to the 18 facility subject to Section 2-27.1 of the Juvenile Court Act 19 of 1987. This subsection (m-1) does not apply to a child who is 20 subject to placement in a correctional facility operated 21 pursuant to Section 3-15-2 of the Unified Code of Corrections, 22 unless the child is a youth in care who was placed in the care 23 of the Department before being subject to placement in a 24 correctional facility and a court of competent jurisdiction 25 has ordered placement of the child in a secure care facility. 26 (n) The Department may place children under 18 years of SB3196 Enrolled - 20 - LRB104 20388 KTG 33848 b 1 age in licensed child care facilities when in the opinion of 2 the Department, appropriate services aimed at family 3 preservation have been unsuccessful and cannot ensure the 4 child's health and safety or are unavailable and such 5 placement would be for their best interest. Payment for board, 6 clothing, care, training and supervision of any child placed 7 in a licensed child care facility may be made by the 8 Department, by the parents or guardians of the estates of 9 those children, or by both the Department and the parents or 10 guardians, except that no payments shall be made by the 11 Department for any child placed in a licensed child care 12 facility for board, clothing, care, training, and supervision 13 of such a child that exceed the average per capita cost of 14 maintaining and of caring for a child in institutions for 15 dependent or neglected children operated by the Department. 16 However, such restriction on payments does not apply in cases 17 where children require specialized care and treatment for 18 problems of severe emotional disturbance, physical disability, 19 social adjustment, or any combination thereof and suitable 20 facilities for the placement of such children are not 21 available at payment rates within the limitations set forth in 22 this Section. All reimbursements for services delivered shall 23 be absolutely inalienable by assignment, sale, attachment, or 24 garnishment or otherwise. 25 (n-1) The Department shall provide or authorize child 26 welfare services, aimed at assisting minors to achieve SB3196 Enrolled - 21 - LRB104 20388 KTG 33848 b 1 sustainable self-sufficiency as independent adults, for any 2 minor eligible for the reinstatement of wardship pursuant to 3 subsection (2) of Section 2-33 of the Juvenile Court Act of 4 1987, whether or not such reinstatement is sought or allowed, 5 provided that the minor consents to such services and has not 6 yet attained the age of 21. The Department shall have 7 responsibility for the development and delivery of services 8 under this Section. An eligible youth may access services 9 under this Section through the Department of Children and 10 Family Services or by referral from the Department of Human 11 Services. Youth participating in services under this Section 12 shall cooperate with the assigned case manager in developing 13 an agreement identifying the services to be provided and how 14 the youth will increase skills to achieve self-sufficiency. A 15 homeless shelter is not considered appropriate housing for any 16 youth receiving child welfare services under this Section. The 17 Department shall continue child welfare services under this 18 Section to any eligible minor until the minor becomes 21 years 19 of age, no longer consents to participate, or achieves 20 self-sufficiency as identified in the minor's service plan. 21 The Department of Children and Family Services shall create 22 clear, readable notice of the rights of former foster youth to 23 child welfare services under this Section and how such 24 services may be obtained. The Department of Children and 25 Family Services and the Department of Human Services shall 26 disseminate this information statewide. The Department shall SB3196 Enrolled - 22 - LRB104 20388 KTG 33848 b 1 adopt regulations describing services intended to assist 2 minors in achieving sustainable self-sufficiency as 3 independent adults. 4 (o) The Department shall establish an administrative 5 review and appeal process for children and families who 6 request or receive child welfare services from the Department. 7 Youth in care who are placed by private child welfare 8 agencies, and caregivers with whom those youth are placed, 9 shall be afforded the same procedural and appeal rights as 10 children and families in the case of placement by the 11 Department, including the right to an initial review of a 12 private agency decision by that agency. The Department shall 13 ensure that any private child welfare agency, which accepts 14 youth in care for placement, affords those rights to children 15 and caregivers with whom those children are placed. The 16 Department shall accept for administrative review and an 17 appeal hearing a complaint made by (i) a child or caregiver 18 with whom the child is placed concerning a decision following 19 an initial review by a private child welfare agency or (ii) a 20 prospective adoptive parent who alleges a violation of 21 subsection (j-5) of this Section. An appeal of a decision 22 concerning a change in the placement of a child shall be 23 conducted in an expedited manner. A court determination that a 24 current placement is necessary and appropriate under Section 25 2-28 of the Juvenile Court Act of 1987 does not constitute a 26 judicial determination on the merits of an administrative SB3196 Enrolled - 23 - LRB104 20388 KTG 33848 b 1 appeal, filed by a former caregiver, involving a change of 2 placement decision. No later than July 1, 2025, the Department 3 shall adopt rules to develop a reconsideration process to 4 review: a denial of certification of a relative, a denial of 5 placement with a relative, and a denial of visitation with an 6 identified relative. Rules shall include standards and 7 criteria for reconsideration that incorporate the best 8 interests of the child under subsection (4.05) of Section 1-3 9 of the Juvenile Court Act of 1987, address situations where 10 multiple relatives seek certification, and provide that all 11 rules regarding placement changes shall be followed. The rules 12 shall outline the essential elements of each form used in the 13 implementation and enforcement of the provisions of this 14 amendatory Act of the 103rd General Assembly. 15 (p) (Blank). 16 (q) The Department may receive and use, in their entirety, 17 for the benefit of children any gift, donation, or bequest of 18 money or other property which is received on behalf of such 19 children, or any financial benefits to which such children are 20 or may become entitled while under the jurisdiction or care of 21 the Department, except that the benefits described in Section 22 5.46 must be used and conserved consistent with the provisions 23 under Section 5.46. 24 The Department shall set up and administer no-cost, 25 interest-bearing accounts in appropriate financial 26 institutions for children for whom the Department is legally SB3196 Enrolled - 24 - LRB104 20388 KTG 33848 b 1 responsible and who have been determined eligible for 2 Veterans' Benefits, Social Security benefits, assistance 3 allotments from the armed forces, court ordered payments, 4 parental voluntary payments, Supplemental Security Income, 5 Railroad Retirement payments, Black Lung benefits, or other 6 miscellaneous payments. Interest earned by each account shall 7 be credited to the account, unless disbursed in accordance 8 with this subsection. 9 In disbursing funds from children's accounts, the 10 Department shall: 11 (1) Establish standards in accordance with State and 12 federal laws for disbursing money from children's 13 accounts. In all circumstances, the Department's 14 Guardianship Administrator or the Guardianship 15 Administrator's designee must approve disbursements from 16 children's accounts. The Department shall be responsible 17 for keeping complete records of all disbursements for each 18 account for any purpose. 19 (2) Calculate on a monthly basis the amounts paid from 20 State funds for the child's board and care, medical care 21 not covered under Medicaid, and social services; and 22 utilize funds from the child's account, as covered by 23 regulation, to reimburse those costs. Monthly, 24 disbursements from all children's accounts, up to 1/12 of 25 $13,000,000, shall be deposited by the Department into the 26 General Revenue Fund and the balance over 1/12 of SB3196 Enrolled - 25 - LRB104 20388 KTG 33848 b 1 $13,000,000 into the DCFS Children's Services Fund. 2 (3) Maintain any balance remaining after reimbursing 3 for the child's costs of care, as specified in item (2). 4 The balance shall accumulate in accordance with relevant 5 State and federal laws and shall be disbursed to the child 6 or the child's guardian or to the issuing agency. 7 (r) The Department shall promulgate regulations 8 encouraging all adoption agencies to voluntarily forward to 9 the Department or its agent names and addresses of all persons 10 who have applied for and have been approved for adoption of a 11 hard-to-place child or child with a disability and the names 12 of such children who have not been placed for adoption. A list 13 of such names and addresses shall be maintained by the 14 Department or its agent, and coded lists which maintain the 15 confidentiality of the person seeking to adopt the child and 16 of the child shall be made available, without charge, to every 17 adoption agency in the State to assist the agencies in placing 18 such children for adoption. The Department may delegate to an 19 agent its duty to maintain and make available such lists. The 20 Department shall ensure that such agent maintains the 21 confidentiality of the person seeking to adopt the child and 22 of the child. 23 (s) The Department of Children and Family Services may 24 establish and implement a program to reimburse caregivers 25 licensed, certified, or otherwise approved by the Department 26 of Children and Family Services for damages sustained by the SB3196 Enrolled - 26 - LRB104 20388 KTG 33848 b 1 caregivers as a result of the malicious or negligent acts of 2 children placed by the Department, as well as providing third 3 party coverage for such caregivers with regard to actions of 4 children placed by the Department to other individuals. Such 5 coverage will be secondary to the caregiver's liability 6 insurance policy, if applicable. The program shall be funded 7 through appropriations from the General Revenue Fund, 8 specifically designated for such purposes. 9 (t) The Department shall perform home studies and 10 investigations and shall exercise supervision over visitation 11 as ordered by a court pursuant to the Illinois Marriage and 12 Dissolution of Marriage Act or the Adoption Act only if: 13 (1) an order entered by an Illinois court specifically 14 directs the Department to perform such services; and 15 (2) the court has ordered one or both of the parties to 16 the proceeding to reimburse the Department for its 17 reasonable costs for providing such services in accordance 18 with Department rules, or has determined that neither 19 party is financially able to pay. 20 The Department shall provide written notification to the 21 court of the specific arrangements for supervised visitation 22 and projected monthly costs within 60 days of the court order. 23 The Department shall send to the court information related to 24 the costs incurred except in cases where the court has 25 determined the parties are financially unable to pay. The 26 court may order additional periodic reports as appropriate. SB3196 Enrolled - 27 - LRB104 20388 KTG 33848 b 1 (u) In addition to other information that must be 2 provided, whenever the Department places a child with a 3 prospective adoptive parent or parents, in a licensed foster 4 home, group home, or child care institution, in a relative 5 home, or in a certified relative caregiver home, the 6 Department shall provide to the caregiver, appropriate 7 facility staff, or prospective adoptive parent or parents: 8 (1) available detailed information concerning the 9 child's educational and health history, copies of 10 immunization records (including insurance and medical card 11 information), a history of the child's previous 12 placements, if any, and reasons for placement changes 13 excluding any information that identifies or reveals the 14 location of any previous caregiver or adoptive parents; 15 (2) a copy of the child's portion of the client 16 service plan, including any visitation arrangement, and 17 all amendments or revisions to it as related to the child; 18 and 19 (3) information containing details of the child's 20 individualized education program educational plan when the 21 child is receiving special education services. 22 The caregiver, appropriate facility staff, or prospective 23 adoptive parent or parents, shall be informed of any known 24 social or behavioral information (including, but not limited 25 to, criminal background, fire setting, perpetuation of sexual 26 abuse, destructive behavior, and substance abuse) necessary to SB3196 Enrolled - 28 - LRB104 20388 KTG 33848 b 1 care for and safeguard the children to be placed or currently 2 in the home or setting. The Department may prepare a written 3 summary of the information required by this paragraph, which 4 may be provided to the caregiver, appropriate facility staff, 5 or prospective adoptive parent in advance of a placement. The 6 caregiver, appropriate facility staff, or prospective adoptive 7 parent may review the supporting documents in the child's file 8 in the presence of casework staff. In the case of an emergency 9 placement, casework staff shall at least provide known 10 information verbally, if necessary, and must subsequently 11 provide the information in writing as required by this 12 subsection. 13 The information described in this subsection shall be 14 provided in writing. In the case of emergency placements when 15 time does not allow prior review, preparation, and collection 16 of written information, the Department shall provide such 17 information as it becomes available. Within 10 business days 18 after placement, the Department shall obtain from the 19 caregiver, appropriate facility staff, or prospective adoptive 20 parent or parents a signed verification of receipt of the 21 information provided. Within 10 business days after placement, 22 the Department shall provide to the child's guardian ad litem 23 a copy of the information provided to the caregiver, 24 appropriate facility staff, or prospective adoptive parent or 25 parents. The information provided to the caregiver, 26 appropriate facility staff, or prospective adoptive parent or SB3196 Enrolled - 29 - LRB104 20388 KTG 33848 b 1 parents shall be reviewed and approved regarding accuracy at 2 the supervisory level. 3 (u-5) Beginning July 1, 2025, certified relative caregiver 4 homes under Section 3.4 of the Child Care Act of 1969 shall be 5 eligible to receive foster care maintenance payments from the 6 Department in an amount no less than payments made to licensed 7 foster family homes. Beginning July 1, 2025, relative homes 8 providing care to a child placed by the Department that are not 9 a certified relative caregiver home under Section 3.4 of the 10 Child Care Act of 1969 or a licensed foster family home shall 11 be eligible to receive payments from the Department in an 12 amount no less 90% of the payments made to licensed foster 13 family homes and certified relative caregiver homes. 14 (u-6) To assist relative and certified relative 15 caregivers, no later than July 1, 2025, the Department shall 16 adopt rules to implement a relative support program, as 17 follows: 18 (1) For relative and certified relative caregivers, 19 the Department is authorized to reimburse or prepay 20 reasonable expenditures to remedy home conditions 21 necessary to fulfill the home safety-related requirements 22 of relative caregiver homes. 23 (2) The Department may provide short-term emergency 24 funds to relative and certified relative caregiver homes 25 experiencing extreme hardships due to the difficulty and 26 stress associated with adding youth in care as new SB3196 Enrolled - 30 - LRB104 20388 KTG 33848 b 1 household members. 2 (3) Consistent with federal law, the Department shall 3 include in any State Plan made in accordance with the 4 Adoption Assistance and Child Welfare Act of 1980, Titles 5 IV-E and XIX of the Social Security Act, and any other 6 applicable federal laws the provision of kinship navigator 7 program services. The Department shall apply for and 8 administer all relevant federal aid in accordance with 9 law. Federal funds acquired for the kinship navigator 10 program shall be used for the development, implementation, 11 and operation of kinship navigator program services. The 12 kinship navigator program services may provide 13 information, referral services, support, and assistance to 14 relative and certified relative caregivers of youth in 15 care to address their unique needs and challenges. Until 16 the Department is approved to receive federal funds for 17 these purposes, the Department shall publicly post on the 18 Department's website semi-annual updates regarding the 19 Department's progress in pursuing federal funding. 20 Whenever the Department publicly posts these updates on 21 its website, the Department shall notify the General 22 Assembly through the General Assembly's designee. 23 (u-7) To support finding permanency for children through 24 subsidized guardianship and adoption and to prevent disruption 25 in guardianship and adoptive placements, the Department shall 26 establish and maintain accessible subsidized guardianship and SB3196 Enrolled - 31 - LRB104 20388 KTG 33848 b 1 adoption support services for all children under 18 years of 2 age placed in guardianship or adoption who, immediately 3 preceding the guardianship or adoption, were in the custody or 4 guardianship of the Department under Article II of the 5 Juvenile Court Act of 1987. 6 The Department shall establish and maintain a toll-free 7 number to respond to requests from the public about its 8 subsidized guardianship and adoption support services under 9 this subsection and shall staff the toll-free number so that 10 calls are answered on a timely basis, but in no event more than 11 one business day after the receipt of a request. These 12 requests from the public may be made anonymously. To meet this 13 obligation, the Department may utilize the same toll-free 14 number the Department operates to respond to post-adoption 15 requests under subsection (b-5) of Section 18.9 of the 16 Adoption Act. The Department shall publicize information about 17 the Department's subsidized guardianship support services and 18 toll-free number as follows: 19 (1) it shall post information on the Department's 20 website; 21 (2) it shall provide the information to every licensed 22 child welfare agency and any entity providing subsidized 23 guardianship support services in Illinois courts; 24 (3) it shall reference such information in the 25 materials the Department provides to caregivers pursuing 26 subsidized guardianship to inform them of their rights and SB3196 Enrolled - 32 - LRB104 20388 KTG 33848 b 1 responsibilities under the Child Care Act of 1969 and this 2 Act; 3 (4) it shall provide the information, including the 4 Department's Post Adoption and Guardianship Services 5 booklet, to eligible caregivers as part of its 6 guardianship training and at the time they are presented 7 with the Permanency Commitment form; 8 (5) it shall include, in each annual notification 9 letter mailed to subsidized guardians, a short, 2-sided 10 flier or news bulletin in plain language that describes 11 access to post-guardianship services, how to access 12 services under the Family Support Program, formerly known 13 as the Individual Care Grant Program, the webpage address 14 to the Post Adoption and Guardianship Services booklet, 15 information on how to request that a copy of the booklet be 16 mailed; and 17 (6) it shall ensure that kinship navigator programs of 18 this State, when established, have this information to 19 include in materials the programs provide to caregivers. 20 No later than July 1, 2026, the Department shall provide a 21 mechanism for the public to make information requests by 22 electronic means. 23 The Department shall review and update annually all 24 information relating to its subsidized guardianship support 25 services, including its Post Adoption and Guardianship 26 Services booklet, to include updated information on Family SB3196 Enrolled - 33 - LRB104 20388 KTG 33848 b 1 Support Program services eligibility and subsidized 2 guardianship support services that are available through the 3 medical assistance program established under Article V of the 4 Illinois Public Aid Code or any other State program for mental 5 health services. The Department and the Department of 6 Healthcare and Family Services shall coordinate their efforts 7 in the development of these resources. 8 Every licensed child welfare agency and any entity 9 providing kinship navigator programs funded by the Department 10 shall provide the Department's website address and link to the 11 Department's subsidized guardianship support services 12 information set forth in subsection (d), including the 13 Department's toll-free number, to every relative who is or 14 will be providing guardianship placement for a child placed by 15 the Department. 16 (v) The Department shall access criminal history record 17 information as defined in the Illinois Uniform Conviction 18 Information Act and information maintained in the adjudicatory 19 and dispositional record system as defined in Section 2605-355 20 of the Illinois State Police Law if the Department determines 21 the information is necessary to perform its duties under the 22 Abused and Neglected Child Reporting Act, the Child Care Act 23 of 1969, and the Children and Family Services Act. The 24 Department shall provide for interactive computerized 25 communication and processing equipment that permits direct 26 online on-line communication with the Illinois State Police's SB3196 Enrolled - 34 - LRB104 20388 KTG 33848 b 1 central criminal history data repositor