Shown verbatim: the complete text as captured from the official PDF posted by the Illinois General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
HB4966 Enrolled LRB104 20048 KTG 33499 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 1. Reference to Act. This Act may be referred to as
5 the Safeguards to Ensure Continuity and Uphold Rights and
6 Equity (SECURE) Act.
7 Section 3. Legislative findings and intent. The General
8 Assembly finds and declares:
9 (1) Youth in the care of the Department of Children and
10 Family Services deserve all the legal protections available
11 under the law, but the current legal protections available to
12 these youth require a suite of statutory enhancements.
13 (2) Illinois has a duty to safeguard the safety, health,
14 dignity, well-being, and best interests of youth in the care
15 of the Department of Children and Family Services, regardless
16 of where such youth is placed, and that ultimate
17 responsibility cannot be delegated to other states.
18 (3) Out-of-state placements of youth do not diminish
19 Illinois' responsibility to ensure youth are protected from
20 foreseeable harm, discrimination, or denial of care that would
21 be lawful and clinically appropriate under Illinois law.
22 (4) Youth in foster care may present with higher rates,
23 when compared to youth not in care, of trauma and a range of
HB4966 Enrolled -2- LRB104 20048 KTG 33499 b
1 unmet medical, reproductive, sexual, and gender-related health
2 needs that may evolve over time and require ongoing monitoring
3 and appropriate treatment care.
4 (5) Youth voice is essential to sound child welfare
5 decision-making.
6 (6) When making placement decisions, the State of
7 Illinois, including the Department of Children and Family
8 Services, must solicit and meaningfully consider a youth's
9 expressed preferences in its evaluation of placement options
10 while conducting transparent, individualized risk assessments
11 of potential harms to the youth based on the youth's specific
12 circumstances.
13 (7) Regular Illinois-based caseworker contact is
14 necessary, among other important reasons, to identify the
15 emerging needs of youth, including pregnancy-related care,
16 contraception, and treatment for sexually transmitted
17 infections.
18 (8) Caseworkers coordinating and delivering services on
19 behalf of youth in the Department's care who are placed
20 out-of-state are obligated to provide lawful health care
21 coordination.
22 (9) Service providers and caregivers receiving State funds
23 from the Department of Children and Family Services must
24 comply with Illinois standards for care including, but not
25 limited to, laws, rules, and policies, as a condition of
26 licensure and contracting.
HB4966 Enrolled -3- LRB104 20048 KTG 33499 b
1 (10) To protect youth in the Department's care from harm
2 resulting from violations of specified provisions of this Act
3 and to ensure effective enforcement of this Act, the General
4 Assembly intends to provide courts hearing cases in accordance
5 with the Juvenile Court Act of 1987 with review authority and
6 the Department's Inspector General with investigative
7 authority to address alleged statutory violations as tools for
8 enforcement.
9 (11) The changes made by this Act shall be liberally
10 construed to protect the safety, dignity, well-being, and
11 rights of youth.
12 Section 5. The Children and Family Services Act is amended
13 by changing Sections 4d, 6a, 7, and 35.5 and by adding Sections
14 5g, 7.29, 7.30, and 7.31 as follows:
15 (20 ILCS 505/4d)
16 Sec. 4d. Definitions.
17 (a) As used in this Act:
18 "Caregiver" means a certified relative caregiver, relative
19 caregiver, or foster parent with whom a youth in care is
20 placed.
21 "Certified relative caregiver" has the meaning ascribed to
22 that term in Section 2.36 of the Child Care Act of 1969.
23 "Certified relative caregiver home" has the meaning
24 ascribed to that term in Section 2.37 of the Child Care Act of
HB4966 Enrolled -4- LRB104 20048 KTG 33499 b
1 1969.
2 "Child-specific record" or "youth-specific record" means
3 documentation maintained separately for an individual child or
4 youth within a family's case file.
5 "Fictive kin" means a person who is unrelated to a child by
6 birth, marriage, tribal custom, or adoption who is shown to
7 have significant and close personal or emotional ties with the
8 child or the child's family.
9 "Relative" means a person who is: (i) related to a child by
10 blood, marriage, tribal custom, adoption, or to a child's
11 sibling in any of the foregoing ways, even though the person is
12 not related to the child, when the child and the child's
13 sibling are placed together with that person or (ii) fictive
14 kin. For children who have been in the guardianship of the
15 Department following the termination of their parents'
16 parental rights, been adopted or placed in subsidized or
17 unsubsidized guardianship, and are subsequently returned to
18 the temporary custody or guardianship of the Department,
19 "relative" includes any person who would have qualified as a
20 relative under this Section prior to the termination of the
21 parents' parental rights if the Department determines, and
22 documents, or the court finds that it would be in the child's
23 best interests to consider this person a relative, based upon
24 the factors for determining best interests set forth in
25 subsection (4.05) of Section 1-3 of the Juvenile Court Act of
26 1987.
HB4966 Enrolled -5- LRB104 20048 KTG 33499 b
1 "Relative caregiver" means a person responsible for the
2 care and supervision of a child placed by the Department,
3 other than the parent, who is a relative.
4 "Relative home" means a home of a relative that is not a
5 foster family home or a certified relative caregiver home but
6 provides care to a child placed by the Department who is a
7 relative of a household member of the relative's home.
8 "Sensitive identity information" means personal data that
9 is linked or reasonably linkable to a child or youth and
10 identifies the child's or youth's sexual orientation, as the
11 term is defined in subsection (O-1) of Section 1-103 of the
12 Illinois Human Rights Act.
13 "Subsidized guardian" means a person who signs a
14 subsidized guardianship agreement prior to being appointed as
15 plenary guardian of the person of a minor.
16 "Subsidized guardianship" means a permanency outcome when
17 a caregiver is appointed as a plenary guardian of the person of
18 a minor exiting the foster care system, who receives
19 guardianship assistance program payments. Payments may be
20 funded through State funds, federal funds, or both State and
21 federal funds.
22 "Third party" means any person, government unit, agency,
23 organization, or body other than the Department of Children
24 and Family Services. "Third party" does not include a
25 recipient of Department records who is an attorney
26 representing a child.
HB4966 Enrolled -6- LRB104 20048 KTG 33499 b
1 "Youth in care" means persons placed in the temporary
2 custody or guardianship of the Department pursuant to the
3 Juvenile Court Act of 1987.
4 (b) The changes made to this Section by this amendatory
5 Act of the 104th General Assembly apply on and after September
6 1, 2026 if the effective date of this amendatory Act of the
7 104th General Assembly is on or before September 1, 2026;
8 otherwise, the changes made to this Section by this amendatory
9 Act of the 104th General Assembly apply on and after December
10 1, 2026.
11 (Source: P.A. 103-1061, eff. 7-1-25.)
12 (20 ILCS 505/5g new)
13 Sec. 5g. Administrative safeguards for sensitive identity
14 information.
15 (a) The Department shall protect a child from unnecessary
16 and unapproved disclosure of the child's sensitive identity
17 information. Before or at the time the Department requests,
18 initiates, or engages in a conversation, assessment, or
19 service interaction in which a child may disclose the child's
20 sensitive identity information to the Department or its
21 service providing entities, the Department shall inform the
22 child of the circumstances under which the Department or its
23 service providing entities are permitted or required to share
24 the child's sensitive identity information without the child's
25 knowledge and agreement. If a child discloses the child's
HB4966 Enrolled -7- LRB104 20048 KTG 33499 b
1 sensitive identity information before the Department provides
2 this notice, the Department shall inform the child of these
3 disclosure circumstances at the earliest possible opportunity,
4 but no later than 14 days after the disclosure occurs. The
5 Department shall document this discussion with the child in
6 the Department's records, in a manner consistent with
7 Department policy regarding documentation of sensitive
8 identity information.
9 As used in this Section, "service providing entity" means
10 a person, governmental unit, agency, organization, or body
11 providing services or care for a child on behalf of the
12 Department in accordance with a contract, grant agreement, or
13 purchase-of-service agreement or any other person,
14 governmental unit, agency, organization, or body subcontracted
15 or otherwise engaged in the furtherance of those services,
16 including, but not limited to, academic and research
17 institutions and any person, governmental unit, agency,
18 organization, or body that collects, processes, analyzes,
19 stores, shares, or otherwise uses Department data that
20 includes personal data that is or can be reasonably linked to
21 an identified or identifiable individual served by the
22 Department. A service providing entity does not include a
23 recipient of Department records who is an attorney
24 representing a child.
25 (b) If the Department discloses a child's sensitive
26 identity information to the federal government, as required
HB4966 Enrolled -8- LRB104 20048 KTG 33499 b
1 under federal law or pursuant to an order of a court of
2 competent jurisdiction, the Department shall:
3 (1) limit such disclosure to the scope, purpose, and
4 receiving party, and information necessary to comply with
5 the specific legal necessity of that disclosure;
6 (2) narrow, limit, or de-identify that information to
7 the fullest extent legally permitted before such
8 disclosure;
9 (3) notify the child of the scope of the disclosure
10 and receiving party as soon as the Department is legally
11 permitted to inform the child; and
12 (4) document the date the Department made the
13 disclosure, the scope of disclosure, the recipient party
14 of the disclosure, and the activities completed by the
15 Department to fulfill the obligations of paragraphs (1),
16 (2), and (3).
17 The Department shall ensure that its service providing
18 entities are also contractually obligated to limit disclosure
19 of a child's sensitive identity information to a manner
20 consistent with the restrictions described under this
21 subsection.
22 (c) De-identified sensitive information.
23 (1) Datasets and aggregated data, including data
24 related to a child's sensitive identity information that
25 cannot reasonably be used to infer information about,
26 re-identify, or otherwise be linked to an identified or
HB4966 Enrolled -9- LRB104 20048 KTG 33499 b
1 identifiable child, are not considered a child's sensitive
2 identity information for the purposes of this Section if
3 the Department:
4 (A) takes reasonable measures to ensure the data
5 cannot be linked to a child even if combined with other
6 datasets or sources; and
7 (B) contractually obligates any third party
8 recipient to process such data only in a de-identified
9 manner; and
10 (C) prohibits any attempts to re-identify
11 de-identified data.
12 (2) The Department shall not aggregate children's
13 sensitive identity information unless:
14 (A) the information is gathered and maintained as
15 de-identified sensitive information, as provided under
16 paragraph (1); or
17 (B) the Department has a legitimate service
18 delivery need that cannot be accomplished without the
19 specific children's sensitive identity information.
20 (3) The Department may grant a third party access to
21 Department data systems subject to the terms of Section
22 5g. Any third party granted access to Department data
23 systems or records that include a child's sensitive
24 identity information shall be prohibited from aggregating
25 children's sensitive identity information in any manner
26 that is not de-identified as prescribed under paragraph
HB4966 Enrolled - 10 - LRB104 20048 KTG 33499 b
1 (1).
2 (d) Child-specific documentation requirement. The
3 Department shall:
4 (1) maintain child-specific narrative sections within
5 service plans, integrated assessments, and court reports;
6 (2) ensure that sensitive identity information
7 concerning one child is not included in generalized family
8 summaries or a sibling's child-specific record unless
9 materially relevant to the safety or placement of that
10 child's sibling or siblings or the permanency goal; and
11 (3) ensure a child is aware that the child's sensitive
12 identity information is necessary for court reporting if
13 the sensitive identity information is materially relevant
14 to advance the child's permanency goal or ensure the
15 child's safety or appropriate service provision.
16 (e) Internal electronic access controls. No later than
17 January 1, 2028, the Department shall implement internal
18 safeguards within its electronic case management systems to:
19 (1) limit access to a child's sensitive identity
20 information to personnel with a documented case-related
21 need; and
22 (2) segregate sensitive identity information fields
23 from general case summaries where technologically
24 feasible.
25 (f) The provisions of this Section apply on and after
26 January 1, 2028, except that the provisions of subsection (b)
HB4966 Enrolled - 11 - LRB104 20048 KTG 33499 b
1 apply on and after September 1, 2026 if the effective date of
2 this amendatory Act of the 104th General Assembly is on or
3 before September 1, 2026; otherwise, the provisions of this
4 Section apply on and after January 1, 2028, except that the
5 provisions of subsection (b) apply on and after December 1,
6 2026.
7 (20 ILCS 505/6a) (from Ch. 23, par. 5006a)
8 Sec. 6a. Case plan.
9 (a) With respect to each Department client for whom the
10 Department is providing placement service, the Department
11 shall develop a case plan designed to stabilize the family
12 situation and prevent placement of a child outside the home of
13 the family when the child can be cared for at home without
14 endangering the child's health or safety, reunify the family
15 if temporary placement is necessary when safe and appropriate,
16 or move the child toward an appropriate permanent living
17 arrangement and permanent legal status, consistent with the
18 child's best interest, using the factors set forth in
19 subsection (4.05) of Section 1-3 of the Juvenile Court Act of
20 1987. Such case plan shall provide for the utilization of
21 family preservation services as defined in Section 8.2 of the
22 Abused and Neglected Child Reporting Act. Such case plan shall
23 be reviewed and updated every 6 months. The Department shall
24 ensure that incarcerated parents are able to participate in
25 case plan reviews via teleconference or videoconference. Where
HB4966 Enrolled - 12 - LRB104 20048 KTG 33499 b
1 appropriate, the case plan shall include recommendations
2 concerning alcohol or drug abuse evaluation.
3 If the parent is incarcerated, the case plan must address
4 the tasks that must be completed by the parent and how the
5 parent will participate in the administrative case review and
6 permanency planning hearings and, wherever possible, must
7 include treatment that reflects the resources available at the
8 facility where the parent is confined. The case plan must
9 provide for visitation opportunities, unless visitation is not
10 in the best interests of the child.
11 (a-5)(1) As used in this subsection:
12 "Protected characteristic" has the meaning ascribed to
13 that term in subsection (b) of Section 7.29.
14 "Supportive care" has the meaning ascribed to that term in
15 subsection (b) of Section 7.29.
16 (2) The case plan shall include tasks addressing the
17 responsibilities of a youth in care's caregiver and service
18 providers, as defined in Section 7.29, regarding safe, proper,
19 and supportive care based on the youth in care's needs and
20 consistent with the youth in care's best interests, including,
21 but not limited to, the youth in care's protected
22 characteristics, and in alignment with the requirements of
23 Sections 7, 7.29, and 7.30.
24 (3) These caregiver and service provider responsibilities
25 shall include, at a minimum, the duty to:
26 (A) ensure that the youth in care's daily physical,
HB4966 Enrolled - 13 - LRB104 20048 KTG 33499 b
1 emotional, developmental, educational, cultural, and
2 social needs are met;
3 (B) maintain an environment providing supportive care
4 to treat the youth in care in a manner that meets the youth
5 in care's need for safety and security and is free from
6 harassment and abuse;
7 (C) collaborate with the youth in care's parents, the
8 Department, and relevant service providers, when
9 appropriate and consistent with the youth in care's
10 safety, best interests, as determined by the Department,
11 court, and permanency plan, to promote the youth in care's
12 well-being and connection to family and community; and
13 (D) maintain the youth in care's privacy.
14 As needed, the youth in care's case plan shall identify
15 specific actions the caregiver and service providers must take
16 to fulfill these responsibilities.
17 (4) Case plans shall address each youth in care's health
18 care needs and specify steps the Department, service
19 providers, and caregivers shall take to ensure timely
20 provision of health care, including, but not limited to,
21 arranging transportation and ensuring the youth in care can
22 attend appointments. If the Department is placing or has
23 placed a youth in care in a jurisdiction outside the State of
24 Illinois, and that jurisdiction exposes a youth in care to
25 risk of adverse action as defined in subsection (b) of Section
26 7.30 and as determined by the Department, the case plan shall,
HB4966 Enrolled - 14 - LRB104 20048 KTG 33499 b
1 consistent with Department policy regarding documentation of
2 sensitive identity information, include steps the Department
3 is taking to mitigate any identified risk of adverse action
4 and ensure that the youth in care continues to receive the full
5 protections and benefits guaranteed by the laws of this State,
6 as required under Sections 7, 7.29, and 7.30. This includes,
7 but is not limited to, coordination with out-of-state
8 providers or Illinois-based providers to ensure that a youth
9 in care can access and receive health care, including mental
10 health care, lawful in the State of Illinois and with the
11 privacy and confidentiality protections that Illinois law
12 affords. The Department shall document in the case plan the
13 steps the Department has taken to fulfill the obligations
14 under this subsection and Sections 7, 7.29, and 7.30 and
15 report this information to the court as part of the
16 Department's required efforts under Section 2-28 of the
17 Juvenile Court Act of 1987, in a manner consistent with
18 Department policy regarding documentation of sensitive
19 identity information.
20 (5) The Department shall provide guidance and support to
21 caregivers to ensure they have the resources necessary to meet
22 the responsibilities described in this subsection, including
23 culturally responsive and trauma-informed care practices. The
24 Department shall monitor the caregiver's and service
25 providers' fulfillment of the responsibilities under this
26 subsection, document this information as part of the youth in
HB4966 Enrolled - 15 - LRB104 20048 KTG 33499 b
1 care's case review and permanency hearing process required
2 under this Act and report this information to the court as part
3 of the Department's required efforts under Sections 2-27.2,
4 2-27.4, and 2-28 of the Juvenile Court Act of 1987, in a manner
5 consistent with the Department's policy regarding
6 documentation of a youth's sensitive identity information.
7 (6) Nothing in this subsection shall be construed to limit
8 or diminish:
9 (A) the rights of a youth in care to be free from
10 discrimination or to receive care consistent with the
11 protections guaranteed under State and federal law;
12 (B) the Department's obligation to act in the best
13 interest of a youth in care; or
14 (C) the Department's obligation to pursue
15 reunification with a parent when the permanency goal is
16 return home.
17 (b) The Department may enter into written agreements with
18 child welfare agencies to establish and implement case plan
19 demonstration projects. The demonstration projects shall
20 require that service providers develop, implement, review and
21 update client case plans. The Department shall examine the
22 effectiveness of the demonstration projects in promoting the
23 family reunification or the permanent placement of each client
24 and shall report its findings to the General Assembly no later
25 than 90 days after the end of the fiscal year in which any such
26 demonstration project is implemented.
HB4966 Enrolled - 16 - LRB104 20048 KTG 33499 b
1 (c) The changes made to this Section by this amendatory
2 Act of the 104th General Assembly apply on and after January 1,
3 2028.
4 (Source: P.A. 103-1061, eff. 7-1-25.)
5 (20 ILCS 505/7) (from Ch. 23, par. 5007)
6 Sec. 7. Placement of children; considerations.
7 (a) In placing any child under this Act, the Department
8 shall place the child, as far as possible, in the care and
9 custody of some individual holding the same religious belief
10 as the parents of the child, or with some child care facility
11 which is operated by persons of like religious faith as the
12 parents of such child.
13 (a-5) In placing a child under this Act, the Department
14 shall place the child with the child's sibling or siblings
15 under Section 7.4 of this Act unless the placement is not in
16 each child's best interest, or is otherwise not possible under
17 the Department's rules. If the child is not placed with a
18 sibling under the Department's rules, the Department shall
19 consider placements that are likely to develop, preserve,
20 nurture, and support sibling relationships, where doing so is
21 in each child's best interest.
22 (b) In placing a child under this Act, the Department
23 shall place a child with a relative if the Department
24 determines that the relative will be able to adequately
25 provide for the child's safety and welfare based on the
HB4966 Enrolled - 17 - LRB104 20048 KTG 33499 b
1 factors set forth in the Department's rules governing such
2 placements, and that the placement is consistent with the
3 child's best interests, taking into consideration the factors
4 set out in subsection (4.05) of Section 1-3 of the Juvenile
5 Court Act of 1987.
6 When the Department first assumes custody of a child, in
7 placing that child under this Act, the Department shall make
8 reasonable efforts to identify, locate, and provide notice to
9 all adult grandparents and other adult relatives of the child
10 who are ready, willing, and able to care for the child. At a
11 minimum, these diligent efforts shall be renewed each time the
12 child requires a placement change and it is appropriate for
13 the child to be cared for in a home environment. The Department
14 must document its efforts to identify, locate, and provide
15 notice to such potential relative placements and maintain the
16 documentation in the child's case file. The Department shall
17 complete the following initial family finding and relative
18 engagement efforts:
19 (1) The Department shall conduct an investigation in
20 order to identify and locate all grandparents, parents of
21 a sibling of the child, if the parent has legal custody of
22 the sibling, adult siblings, other adult relatives of the
23 child minor including any other adult relatives suggested
24 by the parents, and, if it is known or there is reason to
25 know the child is an Indian child, any extended family
26 members, as defined in Section 4 of the Indian Child
HB4966 Enrolled - 18 - LRB104 20048 KTG 33499 b
1 Welfare Act of 1978 (25 U.S.C. 1903). The Department shall
2 make diligent efforts to investigate the names and
3 locations of the relatives, including, but not limited to,
4 asking the child in an age-appropriate manner and
5 consistent with the child's best interest about any
6 parent, alleged parent, and relatives important to the
7 child, and obtaining information regarding the location of
8 the child's parents, alleged parents, and adult relatives.
9 As used in this subsection (b), "family finding and
10 relative engagement" means conducting an investigation,
11 including, but not limited to, through a computer-based
12 search engine, to identify any person who would be
13 eligible to be a relative caregiver as defined in Section
14 4d of this Act and to connect a child, consistent with the
15 child's best interest, who may be disconnected from the
16 child's parents, with those relatives and kin in an effort
17 to provide family support or possible placement. If it is
18 known or there is reason to know that the child is an
19 Indian child, as defined in Section 4 of the Indian Child
20 Welfare Act of 1978 (25 U.S.C. 1903), "family finding and
21 relative engagement" also includes contacting the Indian
22 child's tribe to identify relatives and kin. The No later
23 than July 1, 2025, the Department shall adopt rules
24 setting forth specific criteria as to family finding and
25 relative engagement efforts under this subsection (b) and
26 under Section 2-27.3 of the Juvenile Court Act of 1987,
HB4966 Enrolled - 19 - LRB104 20048 KTG 33499 b
1 including determining the manner in which efforts may or
2 may not be appropriate, consistent with the best interests
3 of the child.
4 (2) In accordance with Section 471(a)(29) of the
5 Social Security Act, the Department shall make diligent
6 efforts to provide all adult relatives who are located
7 with written notification and oral notification, in person
8 or by telephone, of all the following information:
9 (i) the child minor has been removed from the
10 custody of the child's minor's parent or guardian; and
11 (ii) an explanation of the various options to
12 participate in the care and placement of the child
13 minor and support for the child's minor's family,
14 including any options that may expire by failing to
15 respond. The notice shall provide information about
16 providing care for the child minor while the family
17 receives reunification services with the goal of
18 returning the child to the parent or guardian, how to
19 become a certified relative caregiver home, and
20 additional services and support that are available in
21 substitute care. The notice shall also include
22 information regarding, adoption and subsidized
23 guardianship assistance options, health care coverage
24 for a child youth in care under the medical assistance
25 program established under Article V of the Illinois
26 Public Aid Code, and other options for contact with
HB4966 Enrolled - 20 - LRB104 20048 KTG 33499 b
1 the child minor, including, but not limited to,
2 visitation. Upon establishing the Department's kinship
3 navigator program, the notice shall also include
4 information regarding that benefit.
5 The No later than July 1, 2025, the Department shall adopt
6 or amend existing rules to implement the requirements of this
7 subsection, including what constitutes "diligent efforts" and
8 when exceptions, consistent with federal law, are appropriate.
9 (b-5)(1) If the Department determines that a placement
10 with any identified relative is not in the child's best
11 interests or that the relative does not meet the requirements
12 to be a relative caregiver, as set forth in Department rules or
13 by statute, the Department must document the basis for that
14 decision, maintain the documentation in the child's case file,
15 inform the identified relative of the relative's right to
16 reconsideration of the decision to deny placement with the
17 identified relative, provide the identified relative with a
18 description of the reconsideration process established in
19 accordance with subsection (o) of Section 5 of this Act, and
20 report this information to the court in accordance with the
21 requirements of Section 2-27.3 of the Juvenile Court Act of
22 1987.
23 If, pursuant to the Department's rules, any person files
24 an administrative appeal of the Department's decision not to
25 place a child with a relative, it is the Department's burden to
26 prove that the decision is consistent with the child's best
HB4966 Enrolled - 21 - LRB104 20048 KTG 33499 b
1 interests. The Department shall report information related to
2 these appeals pursuant to Section 46 of this Act.
3 When the Department determines that the child requires
4 placement in an environment, other than a home environment,
5 the Department shall continue to make reasonable efforts to
6 identify and locate relatives to serve as visitation resources
7 for the child and potential future placement resources, unless
8 excused by the court, as outlined in Section 2-27.3 of the
9 Juvenile Court Act of 1987.
10 If the Department determines that efforts to identify and
11 locate relatives would be futile or inconsistent with the
12 child's best interests, the Department shall document the
13 basis of its determination and maintain the documentation in
14 the child's case file.
15 If the Department determines that an individual or a group
16 of relatives are inappropriate to serve as visitation
17 resources or possible placement resources, the Department
18 shall document the basis of its determination, maintain the
19 documentation in the child's case file, inform the identified
20 relative of the relative's right to a reconsideration of the
21 decision to deny visitation with the identified relative,
22 provide the identified relative with a description of the
23 reconsideration process established in accordance with
24 subsection (o) of Section 5 of this Act, and report this
25 information to the court in accordance with the requirements
26 of Section 2-27.3 of the Juvenile Court Act of 1987.
HB4966 Enrolled - 22 - LRB104 20048 KTG 33499 b
1 When the Department determines that an individual or a
2 group of relatives are appropriate to serve as visitation
3 resources or possible future placement resources, the
4 Department shall document the basis of its determination,
5 maintain the documentation in the child's case file, create a
6 visitation or transition plan, or both, and incorporate the
7 visitation or transition plan, or both, into the child's case
8 plan. The Department shall report this information to the
9 court as part of the Department's family finding and relative
10 engagement efforts required under Section 2-27.3 of the
11 Juvenile Court Act of 1987. For the purpose of this
12 subsection, any determination as to the child's best interests
13 shall include consideration of the factors set out in
14 subsection (4.05) of Section 1-3 of the Juvenile Court Act of
15 1987.
16 (2) The Department may initially place a child in a foster
17 family home as defined under Section 2.17 of the Child Care Act
18 of 1969 or a certified relative caregiver home as defined
19 under Section 4d of this Act. Initial placement may also be
20 made with a relative who is not yet a certified relative
21 caregiver if all of the following conditions are met:
22 (A) The prospective relative caregiver and all other
23 adults in the home must authorize and submit to a
24 background screening that includes the components set
25 forth in subsection (c) of Section 3.4 of the Child Care
26 Act of 1969. If the results of a check of the Law
HB4966 Enrolled - 23 - LRB104 20048 KTG 33499 b
1 Enforcement Agencies Data System (LEADS) identifies a
2 prior criminal conviction of (i) the prospective relative
3 caregiver for an offense not prohibited under subsection
4 (c) of Section 3.4 of the Child Care Act of 1969 or (ii)
5 any other adult in the home for a felony offense, the
6 Department shall thoroughly investigate and evaluate the
7 criminal history, including an assessment of the person's
8 character and the impact that the criminal history has on
9 the prospective relative caregiver's ability to parent the
10 child. The investigation must consider the type of crime,
11 the number of crimes, the nature of the offense, the age of
12 the person at the time of the crime, the length of time
13 that has elapsed since the last conviction, the
14 relationship of the crime to the ability to care for
15 children, the role that the person will have with the
16 child, and any evidence of rehabilitation. Initial
17 placement may not be made if the results of a check of the
18 Law Enforcement Agencies Data System (LEADS) identifies a
19 prior criminal conviction of the prospective relative
20 caregiver for an offense prohibited under subsection (c)
21 of Section 3.4 of the Child Care Act of 1969; however, a
22 waiver may be granted for placement of the child in
23 accordance with subsection (v-4) of Section 5.
24 (B) The home safety and needs assessment requirements
25 set forth in paragraph (1) of subsection (b) of Section
26 3.4 of the Child Care Act of 1969 are satisfied.
HB4966 Enrolled - 24 - LRB104 20048 KTG 33499 b
1 (C) The prospective relative caregiver is able to meet
2 the physical, emotional, medical, and educational needs of
3 the specific child or children being placed by the
4 Department.
5 The No later than July 1, 2025, the Department shall adopt
6 rules or amend existing rules to implement the provisions of
7 this subsection (b-5). The rules shall outline the essential
8 elements of each form used in the implementation and
9 enforcement of the provisions of this amendatory Act of the
10 103rd General Assembly.
11 Relative No later than July 1, 2025, relative caregiver
12 payments shall be made to relative caregiver homes as provided
13 under Section 5 of this Act. A relative with whom a child is
14 placed pursuant to this subsection may, but is not required
15 to, apply for licensure as a foster family home pursuant to the
16 Child Care Act of 1969; provided, however, that as of July 1,
17 1995, foster care payments shall be made only to licensed
18 foster family homes pursuant to the terms of Section 5 of this
19 Act.
20 The provisions added to this subsection (b) by Public Act
21 98-846 shall become operative on and after June 1, 2015.
22 (c) In placing a child under this Act, the Department
23 shall ensure that the child's health, safety, and best
24 interests are met. In rejecting placement of a child with an
25 identified relative, the Department shall (i) ensure that the
26 child's health, safety, and best interests are met, (ii)
HB4966 Enrolled - 25 - LRB104 20048 KTG 33499 b
1 inform the identified relative of the relative's right to
2 reconsideration of the decision and provide the identified
3 relative with a description of the reconsideration process
4 established in accordance with subsection (o) of Section 5 of
5 this Act, (iii) report that the Department rejected the
6 relative placement to the court in accordance with the
7 requirements of Section 2-27.3 of the Juvenile Court Act of
8 1987, and (iv) report the reason for denial in accordance with
9 Section 46 of this Act. In evaluating the best interests of the
10 child, the Department shall take into consideration the
11 factors set forth in subsection (4.05) of Section 1-3 of the
12 Juvenile Court Act of 1987.
13 The Department shall consider the individual needs of the
14 child and the capacity of the prospective caregivers or
15 prospective adoptive parents to meet the needs of the child.
16 When a child must be placed outside the child's home and cannot
17 be immediately returned to the child's parents or guardian, a
18 comprehensive, individualized assessment shall be performed of
19 that child at which time the needs of the child shall be
20 determined. The Department shall assess the prospective
21 caregivers' or prospective adoptive parents' ability to meet
22 the child's specific needs for safety, well-being, and
23 supportive care, as defined in subsection (b) of Section 7.29
24 and the Department shall document the basis of its
25 determination in the child's case file. The prospective
26 caregivers or prospective adoptive parents shall expressly
HB4966 Enrolled - 26 - LRB104 20048 KTG 33499 b
1 commit that they will comply with Sections 6a, 7, 7.29, and
2 7.30 and the Department shall document this in the child's
3 case file. Subject to subsection (f) of Section 7.29, the
4 Department shall not place a child without determining, as
5 part of the Department's placement suitability analysis, that
6 the prospective caregivers or prospective adoptive parents
7 have the capacity to meet the child's specific needs for
8 safety, well-being, and supportive care. Only if race, color,
9 gender identity, sexual orientation, or national origin is
10 identified as a legitimate factor in advancing the child's
11 best interests shall it be considered when placing a child.
12 Race, color, or national origin shall not be routinely
13 considered in making a placement decision. The Department
14 shall make special efforts for the diligent recruitment of
15 potential foster and adoptive families that reflect the ethnic
16 and racial diversity of the children for whom foster and
17 adoptive homes are needed. "Special efforts" shall include
18 contacting and working with community organizations and
19 religious organizations and may include contracting with those
20 organizations, utilizing local media and other local
21 resources, and conducting outreach activities.
22 Nothing in this subsection shall be construed to limit or
23 diminish: (i) the rights of a child to be free from
24 discrimination or to receive care consistent with the
25 protections guaranteed under State and federal law, (ii) the
26 Department's obligation to act in the best interests of a
HB4966 Enrolled - 27 - LRB104 20048 KTG 33499 b
1 child, or (iii) the Department's obligation to pursue
2 reunification with a parent when the permanency goal is return
3 home.
4 (c-1) At the time of placement, the Department shall
5 consider concurrent planning, as described in subsection (l-1)
6 of Section 5, so that permanency may occur at the earliest
7 opportunity. Consideration should be given so that if
8 reunification fails or is delayed, the placement made is the
9 best available placement to provide permanency for the child.
10 To the extent that doing so is in the child's best interests as
11 set forth in subsection (4.05) of Section 1-3 of the Juvenile
12 Court Act of 1987, the Department should consider placements
13 that will permit the child to maintain a meaningful
14 relationship with the child's parents.
15 (d) The Department may accept gifts, grants, offers of
16 services, and other contributions to use in making special
17 recruitment efforts.
18 (e) The Department in placing children in relative
19 caregiver, certified relative caregiver, adoptive, or foster
20 care homes may not, in any policy or practice relating to the
21 placement of children for adoption or foster care,
22 discriminate against any child or prospective caregiver or
23 adoptive parent on the basis of race.
24 (f) The changes made to this Section by this amendatory
25 Act of the 104th General Assembly apply on and after January 1,
26 2028.
HB4966 Enrolled - 28 - LRB104 20048 KTG 33499 b
1 (Source: P.A. 103-22, eff. 8-8-23; 103-1061, eff. 7-1-25.)
2 (20 ILCS 505/7.29 new)
3 Sec. 7.29. Department, service provider, and caregiver
4 conduct to prevent harmful treatment of youth.
5 (a) Legislative findings and intent. The General Assembly
6 finds and declares:
7 (1) When the State of Illinois, through the Department
8 of Children and Family Services, removes a youth from the
9 care of a parent or guardian and assumes legal custody of
10 that youth, the State undertakes a duty and affirmative
11 obligation to safeguard the youth's safety, well-being,
12 dignity, developmental interests, and fundamental rights,
13 and that ultimate duty and obligation cannot be delegated
14 to other states.
15 (2) The State has a compelling interest in ensuring
16 the safety, well-being, and development of all youth in
17 the Department's care. The State's duty to protect youth
18 in its care is continuous and is not extinguished by
19 placement with foster parents, relative caregivers, or
20 service providers. Out-of-state placement of a youth in
21 the Department's care does not diminish the State's
22 ultimate responsibility for ensuring lawful, safe,
23 supportive care, and equitable treatment.
24 (3) Youth under the Department's care are entitled to
25 supportive care, services, and treatment free from
HB4966 Enrolled - 29 - LRB104 20048 KTG 33499 b
1 discrimination, arbitrary decision-making, and unequal
2 protection. The vulnerability inherent in State custody
3 requires heightened attention to fairness, neutrality, and
4 the protection of these youth's rights.
5 (4) It is expressly recognized that Department,
6 service provider, and caregiver conduct, as well as
7 placement conditions, directly affect youth permanency,
8 well-being, and fair and equitable treatment.
9 (5) It is the purpose of this Section to clarify and
10 reinforce the obligations of the State and those acting
11 under its authority to ensure that youth receive
12 nondiscriminatory and supportive care consistent with
13 principles of safety, dignity, stability, and equal
14 treatment, and to provide clear mechanisms for
15 accountability where those obligations are violated.
16 (b) Definitions. As used in this Section:
17 "Placement provider" means a type of service provider that
18 provides the youth's residence and daily care, including, but
19 not limited to, a residential treatment center, group home, or
20 child care institution under the Child Care Act of 1969 or a
21 similar setting licensed in accordance with the laws of
22 another state in which that youth is placed. "Placement
23 provider" does not mean a "caregiver" as defined in this Act.
24 "Protected characteristic" means any characteristic
25 included in the definition of unlawful discrimination as
26 defined in Section 1-103 of the Illinois Human Rights Act,
HB4966 Enrolled - 30 - LRB104 20048 KTG 33499 b
1 including, but not limited to, actual or perceived race,
2 color, religion, sex, sexual orientation, gender identity,
3 national origin, ancestry, disability, pregnancy, reproductive
4 health decisions, or marital status.
5 "Service provider" means a person, governmental unit,
6 agency, organization, or body providing services or care for
7 youth on behalf of the Department under a contract, grant
8 agreement, or any other agreement or any other person,
9 governmental unit, agency, organization, or body subcontracted
10 or otherwise engaged in the furtherance of those services. A
11 service provider does not include an attorney representing a
12 child.
13 "Supportive care" means Department, service provider, and
14 caregiver practices that are supportive of and responsive to a
15 youth's lived experience, needs, and protected characteristics
16 and do not subject the youth to rejection or hostility based
17 on, or coercive efforts to change, a protected characteristic.
18 "Youth" has the meaning ascribed to that term in
19 subsection (b) of Section 4e.
20 (c) Applicability. This Section applies to the Department,
21 service providers, and caregivers for youth.
22 (d) Department, service provider, and caregiver conduct
23 requirements to protect youth rights. The Department, service
24 providers, and caregivers shall:
25 (1) cooperate and support services, care planning, and
26 placements that are consistent with the youth's health,
HB4966 Enrolled - 31 - LRB104 20048 KTG 33499 b
1 safety, well-being, and best interests;
2 (2) adhere to privacy-protective documentation
3 practices regarding the youth, consistent with Department
4 policy regarding documentation of sensitive identity
5 information; and
6 (3) provide supportive care consistent with the
7 youth's case plan and best interests.
8 (e) Prohibited conduct.
9 (1) The Department, service providers, and caregivers
10 are prohibited from engaging in conduct that:
11 (A) demeans, harasses, rejects, intentionally
12 disregards, discriminates against, or retaliates
13 against a youth based on a youth's protected
14 characteristic or characteristics;
15 (B) intentionally interferes with services,
16 supports, or treatment identified in the youth's case
17 plan;
18 (C) discloses or compels disclosure of a youth's
19 sensitive identity information, without the youth's
20 expressed consent, consistent with Department policy
21 regarding documentation of sensitive identity
22 information, and contrary to the terms of Section 5g.
23 (2) The Department and service providers shall not:
24 (A) exclude a youth from participation in, deny a
25 youth the benefits of, or subject a youth to
26 discrimination under any program or activity based on
HB4966 Enrolled - 32 - LRB104 20048 KTG 33499 b
1 that youth's protected characteristic or
2 characteristics;
3 (B) utilize criteria or methods of administration
4 that have the effect of subjecting youth to
5 discrimination because of the youth's protected
6 characteristic or characteristics; or
7 (C) discourage, interfere with, or retaliate
8 against a person who seeks to report a suspected or
9 known statutory violation of this Section to an
10 enforcement entity.
11 (f) Scope and limitations.
12 (1) Unless the youth affirmatively expresses support
13 for a placement and that placement otherwise meets the
14 placement requirements of Section 7 and the applicable
15 licensing or approval standards, the Department shall not
16 determine it is in a youth's best interest to be placed or
17 remain placed with a placement provider or caregiver that:
18 (i) will not expressly commit to comply with the conduct
19 obligations of this Section; or (ii) violates the conduct
20 requirements of subsection (d) or commits conduct that is
21 prohibited under subsection (e). The Department shall
22 provide youth in these circumstances the opportunity to
23 express or withhold their support for the placement. If
24 the youth does not affirmatively express support, as
25 required for placement under this paragraph, the
26 Department shall decline to place or maintain placement
HB4966 Enrolled - 33 - LRB104 20048 KTG 33499 b
1 for the youth based on the placement provider's or
2 caregiver's inability to meet the required conduct
3 obligations under this Section. The Department shall not
4 disclose a youth's lack of affirmative expressed support
5 to the prospective or current placement provider or
6 caregiver.
7 (2) If a youth is placed or remains placed with a
8 placement provider or caregiver in such circumstances as
9 permitted under paragraph (1), the Department shall
10 document the youth's affirmative expression of support for
11 placement with this placement provider or caregiver using
12 age-appropriate and developmentally appropriate methods,
13 including, but not limited to: interviews, written
14 statements, structured surveys, clinical evaluations or
15 consultations, drawings, or guided play. After
16 affirmatively expressing such support for this placement,
17 the youth has the right to withdraw this support at any
18 time and the Department has an ongoing obligation to
19 monitor whether the youth maintains or withdraws such
20 support. The Department shall inform the youth of that
21 right and provide the youth simple options for the youth
22 to communicate withdrawal of support to the Department.
23 (g) Clinical judgment and safety exception. Actions taken
24 in accordance with the good-faith exercise of clinical
25 judgment by a licensed professional, or actions necessary to
26 address immediate risk of serious harm to youth or others,
HB4966 Enrolled - 34 - LRB104 20048 KTG 33499 b
1 shall not constitute a violation of this Section, provided
2 that such actions are not based on bias against a protected
3 characteristic, are narrowly tailored to address the
4 identified risk, and are documented in the youth-specific
5 record, consistent with Department policy regarding
6 documentation of sensitive identity information.
7 (h) Compliance as a requirement for caregivers and service
8 providers. Compliance with this Section is a condition of
9 serving as a caregiver or service provider for a particular
10 youth as required by that youth's best interest. This Section
11 shall not be construed to establish independent licensure
12 criteria under the Child Care Act of 1969.
13 (i) Enforcement.
14 (1) When a caregiver or service provider fails to
15 comply with the requirements of this Section to care for a
16 specific youth, the Department may take appropriate action
17 authorized by law, including, but not limited to,
18 placement changes and enhanced monitoring. No enforcement
19 action under this paragraph shall be construed as a
20 decision regarding licensure under the Child Care Act of
21 1969.
22 (2) Any known, alleged, or suspected violation of a
23 statutory requirement of this Section shall immediately be
24 reported to the Department's Office of the Inspector
25 General, the court presiding over the youth's case in
26 accordance with the Juvenile Court Act of 1987, and the
HB4966 Enrolled - 35 - LRB104 20048 KTG 33499 b
1 youth's attorney and guardian ad litem. A known, alleged,
2 or suspected violation of a statutory requirement of this
3 Section constitutes a significant event and requires a
4 significant event report by the Department as defined in
5 Section 35.1 of this Act and paragraph (14.2) of Section
6 1-3 of the Juvenile Court Act of 1987.
7 (3) Any youth aggrieved by conduct that violates
8 subparagraph (A) or (B) of paragraph (2) of subsection (e)
9 or paragraph (1) of subsection (f) may seek review under
10 subsection (1.3) of Section 2-28 of the Juvenile Court Act
11 of 1987.
12 (4) This subsection is in addition to and does not
13 limit any enforcement authority of the Department or
14 diminish any other remedies available to the youth under
15 the law or equity.
16 (j) Mandatory disclosure of rights and enforcement
17 options. Upon a youth's entry into the Department's care, and
18 every 6 months thereafter, the Department shall provide youth
19 with written notice:
20 (1) in plain language in the youth's primary language;
21 (2) in an age and developmentally appropriate format;
22 (3) in a manner accessible to individuals with
23 disabilities;
24 (4) describing the youth's rights under this Section
25 and the types of violations and conduct that may be
26 reported; and
HB4966 Enrolled - 36 - LRB104 20048 KTG 33499 b
1 (5) the contact information for and procedures by
2 which the youth can report alleged violations described in
3 accordance with paragraph (4) to the Department's
4 Inspector General, the Department's licensing division,
5 and the court presiding over the youth's case in
6 accordance with the Juvenile Court Act of 1987. The
7 caseworker shall document in the youth's case file that
8 the required disclosure of rights and enforcement options
9 was provided to the youth in a format that is age
10 appropriate, developmentally appropriate, and tailored to
11 the youth's individual needs.
12 (k)(1) This Section shall be construed broadly to promote
13 the safety, well-being, best interest, and equitable treatment
14 of youth, consistent with the State's compelling interest in
15 protecting youth.
16 (2) Nothing in this Section shall be construed to:
17 (A) compel an individual's beliefs or religious
18 practices;
19 (B) require the Department, service providers, or
20 caregivers to provide medical treatment beyond that
21 authorized by law, court order, parental or guardian
22 consent, or Department policy; or
23 (C) prohibit reasonable and developmentally
24 appropriate limits necessary to protect the safety of the
25 youth or others.
26 (3) Nothing in this Section shall be construed to limit or
HB4966 Enrolled - 37 - LRB104 20048 KTG 33499 b
1 diminish: (i) the rights of a youth to be free from
2 discrimination or to receive care consistent with the
3 protections guaranteed under State and federal law; (ii) the
4 Department's obligation to comply with subsection (o) of
5 Section 5 and rules and procedures developed in accordance
6 with that subsection (o); (iii) the Department's obligation to
7 act in the youth's best interests; or (iv) a youth's right to
8 seek any other enforcement or legal remedies for violations
9 available under law or equity.
10 (l) No later than July 1, 2027, the Department shall
11 propose rules for adoption to implement the statutory
12 protections under this Section. Rules shall address standards
13 and criteria for conduct required or prohibited under
14 subsections (d) and (e), including, but not limited to, the
15 application of the terms used in this Section. No later than
16 January 1, 2028, the Department shall adopt such rules.
17 (m) If any provision of this Section or its application to
18 any person or circumstance is held invalid, the invalidity of
19 that provision or application does not affect other provisions
20 or applications of this Section that can be given effect
21 without the invalid provision or application.
22 (n) The provisions of subsections (a), (b), (c), and (l)
23 apply on and after July 1, 2027 and the provisions of
24 subsections (d), (e), (f), (g), (h), (i), (j), (k), and (m)
25 apply on and after January 1, 2028.
HB4966 Enrolled - 38 - LRB104 20048 KTG 33499 b
1 (20 ILCS 505/7.30 new)
2 Sec. 7.30. Protecting access to lawful health care for
3 youth placed outside the State of Illinois.
4 (a) Findings. The General Assembly finds and declares
5 that:
6 (1) Youth in the care of the Department remain subject
7 to the jurisdiction of Illinois courts regardless of
8 placement location.
9 (2) Access to medically appropriate health care is
10 essential to youth safety and well-being. Denial or delay
11 of medically appropriate health care may result in serious
12 physical and mental health consequences.
13 (3) The Department has a continuing obligation to act
14 in the best interests of youth, including ensuring access
15 to lawful, medically appropriate health care permitted
16 under Illinois law, and protection from being forced to
17 receive care that has been prohibited under Illinois law.
18 (4) It is the policy of this State to ensure that all
19 youth in the care of the Department receive the full
20 measure of protections, rights, and services guaranteed
21 under Illinois law, regardless of where the youth is
22 placed by the Department.
23 (5) The General Assembly intends to protect the rights
24 of youth placed by the Department outside the State of
25 Illinois and require the Department to take affirmative
26 steps to protect these youth when they are the subjects of
HB4966 Enrolled - 39 - LRB104 20048 KTG 33499 b
1 a pending case under the Juvenile Court Act of 1987.
2 (b) Definitions. As used in this Section:
3 "Coordination of lawful health care" means activities
4 related to arranging, referring, facilitating access to,
5 monitoring, or advocating for health care services, including
6 mental health care, that is lawful in the State of Illinois.
7 This includes communications necessary to effectuate such
8 services, for youth placed outside the State of Illinois.
9 "Interstate placement" means the placement of a youth in a
10 relative home, foster home, residential facility, or other
11 placement located outside this State, including placements
12 made in accordance with the Interstate Compact on the
13 Placement of Children. It does not include living arrangements
14 involving youth returning to, or remaining in, the custody of
15 a parent out-of-state.
16 "Protected characteristic" has the meaning ascribed to
17 that term in subsection (b) of Section 7.29.
18 "Risk of adverse action" means a loss of a protection
19 available under Illinois law that would otherwise be available
20 to a youth if not for the placement of a youth outside the
21 physical boundaries of the State of Illinois that can be
22 reasonably predicted to have the effect of one or more of the
23 following: exposing a youth or a youth's caregiver to criminal
24 prosecution under the laws of another state related to the
25 youth procuring or receiving health care, including mental
26 health care, that is lawful in the State of Illinois;
HB4966 Enrolled - 40 - LRB104 20048 KTG 33499 b
1 depriving a youth of access to health care, including mental
2 health care, that is lawful in the State of Illinois;
3 subjecting a youth to mental health care in another state that
4 involves "sexual orientation change efforts"; denying a youth
5 the authority to consent to health care that the youth would
6 otherwise be permitted to consent to if the youth were in the
7 State of Illinois; or depriving a youth of the ability to
8 maintain the privacy of the youth's health care records that
9 the youth would otherwise be permitted to deny a parent's or
10 guardian's access to if the youth were participating in health
11 care services in Illinois.
12 "Sexual orientation change efforts" means any mental
13 health practices or treatments that seek to change an
14 individual's sexual orientation, as defined by subsection
15 (O-1) of Section 1-103 of the Illinois Human Rights Act,
16 including efforts to change behaviors or gender expressions or
17 to eliminate or reduce sexual or romantic attractions or
18 feelings toward individuals of the same sex. "Sexual
19 orientation change efforts" does not include counseling or
20 mental health services that provide acceptance, support, and
21 understanding of a person without seeking to change sexual
22 orientation or mental health services that facilitate a
23 person's coping, social support, and gender identity
24 exploration and development, including sexual orientation
25 neutral interventions to prevent or address unlawful conduct
26 or unsafe sexual practices, without seeking to change sexual
HB4966 Enrolled - 41 - LRB104 20048 KTG 33499 b
1 orientation.
2 "Youth" has the meaning ascribed to that term in
3 subsection (b) of Section 4e.
4 (c) The Department shall not determine that an interstate
5 placement of youth age 8 and older is in a youth's best
6 interests if:
7 (1) the interstate placement exposes a youth to risk
8 of adverse action, in light of the youth's specific
9 circumstances;
10 (2) the risk of adverse action cannot be sufficiently
11 and effectively mitigated, as determined by the
12 Department; and
13 (3) the youth does not affirmatively express support
14 for being placed or remaining placed in that interstate
15 placement.
16 The Department shall document the youth's preference
17 regarding being placed in or remaining in an interstate
18 placement using age-appropriate and developmentally
19 appropriate methods, including, but not limited to:
20 interviews, written statements, structured surveys, clinical
21 evaluations and consultations, drawings, or guided play.
22 After affirmatively expressing the youth's preference for
23 being placed or remaining placed in the interstate placement,
24 the youth maintains the right to withdraw support or
25 opposition at any time and the Department has an ongoing
26 obligation to monitor whether the youth continues or withdraws
HB4966 Enrolled - 42 - LRB104 20048 KTG 33499 b
1 support. The Department shall inform the youth of that right
2 and provide the youth simple options for the youth to
3 communicate withdrawal of support or opposition to the
4 Department. If a youth does not affirmatively express support
5 for being placed in or remaining placed in an interstate
6 placement that would expose the youth to unmitigated risk of
7 adverse action, as determined by the Department, the
8 Department shall not determine it is in a youth's best
9 interest to be placed or remain placed in the interstate
10 placement and the Department shall decline to place or
11 maintain placement based on unmitigated risk of adverse
12 action, as determined by the Department. The Department shall
13 not disclose a youth's lack of support for a placement that
14 exposes the youth to unmitigated risk of adverse action to the
15 prospective or current interstate placement.
16 (d) Individualized placement assessment for interstate
17 placements.
18 (1) Prior to interstate placement of a youth age 8 or
19 older outside the State of Illinois, the Department shall
20 conduct an individualized assessment of the suitability
21 and risks of adverse action posed by the proposed
22 placement for the specific youth. If the interstate
23 placement of a youth age 8 or older on and after January 1,
24 2028, occurred before January 1, 2028 and that youth
25 remains in the Department's care on and after February 1,
26 2028, the Department shall complete this initial
HB4966 Enrolled - 43 - LRB104 20048 KTG 33499 b
1 assessment on or before February 1, 2028 and begin
2 monitoring and reassessment of suitability and risk of
3 adverse action as provided under this Section while the
4 youth remains in an interstate placement. If a youth is
5 placed in an interstate placement before turning age 8 and
6 the youth remains in the custody of the Department, the
7 Department shall commence this initial assessment within
8 30 days of the youth reaching age 8 and begin monitoring
9 and reassessment of suitability and risk of adverse action
10 as provided under this Section while the youth remains in
11 that placement. Assessments required under this Section
12 shall consider, as appropriate:
13 (A) the youth's age, development, and expressed
14 preferences;
15 (B) the youth's physical, mental, reproductive,
16 and sexual health needs, including reasonably
17 foreseeable needs that may arise during the placement;
18 (C) whether the laws and regulations in the
19 placement jurisdiction may limit or interfere with
20 access to care or services that would be lawful under
21 Illinois law, including, but not limited to,
22 reproductive health care as defined in Section 1-10 of
23 the Reproductive Health Act, lawful health care as
24 defined in Section 28-10 of the Lawful Health Care
25 Activity Act, a youth's authority to consent to care
26 under Sections 1, 3, 4, and 5 of the Consent by Minors
HB4966 Enrolled - 44 - LRB104 20048 KTG 33499 b
1 to Health Care Services Act, the privacy protections
2 afforded to youth under the Mental Health and
3 Developmental Disabilities Confidentiality Act, birth
4 control services and information available to youth
5 under the Birth Control Services to Minors Act, and
6 the ability of youth to request and receive outpatient
7 counseling services and psychotherapy under the Mental
8 Health and Developmental Disabilities Code;
9 (D) the youth's vulnerability to discrimination,
10 retaliation, or harm based on the youth's protected
11 characteristics or other individualized factors;
12 (E) whether the Department's plan to mitigate any
13 risk of adverse action is sufficient to meet the
14 youth's needs, which may include plans to arrange
15 equivalent protections or access to relevant health
16 care through contractual obligations and supplemental
17 services or by ensuring the youth's safe return to the
18 State of Illinois to access care; and
19 (F) the youth's best interest, taking into account
20 the factors listed in subsection (4.05) of Section 1-3
21 of the Juvenile Court Act of 1987.
22 The Department shall document the assessment in the
23 youth-specific record, including the basis for the
24 placement, the Department's determination that the
25 placement is or is not in the youth's best interest, the
26 assessment of protections available, risk of adverse
HB4966 Enrolled - 45 - LRB104 20048 KTG 33499 b
1 action, and the specific actions taken or to be taken, if
2 any, including protective measures to mitigate against any
3 risk of adverse action, as determined by the Department,
4 and report this information to the court as required under
5 Sections 2-27.2, 2-27.4, and 2-28 of the Juvenile Court
6 Act of 1987, in a manner consistent with Department policy
7 regarding documentation of sensitive identity information.
8 If the Department places the youth age 8 or older
9 out-of-state, the Department shall continue to report this
10 information to the court at permanency hearings as part of
11 the Department's required efforts under Section 2-28 of
12 the Juvenile Court Act of 1987, in a manner consistent
13 with Department policy regarding documentation of
14 sensitive identity information. If the Department places a
15 youth under age 8 out-of-state, the Department shall begin
16 to report this information to the court as part of the
17 Department's required efforts under Sections 2-27.2 and
18 2-27.4 and at permanency hearings under Section 2-28 of
19 the Juvenile Court Act of 1987, in a manner consistent
20 with Department policy regarding documentation of
21 sensitive identity information, when the youth reaches the
22 age of 8.
23 The Department shall provide the youth's attorney or
24 guardian ad litem appointed under the Juvenile Court Act
25 of 1987 with a copy of the assessment within 10 days of the
26 assessment being finalized. If the Department plans to
HB4966 Enrolled - 46 - LRB104 20048 KTG 33499 b
1 move the youth to the interstate placement within 10 days
2 after the finalization of the assessment, the Department
3 shall provide the copy of the assessment to the youth's
4 attorney or guardian ad litem immediately upon completion.
5 (2) If the initial placement assessment for a youth
6 age 8 or older finds that the placement poses risk of
7 adverse action relevant to the youth's specific
8 circumstances and that risk cannot be sufficiently and
9 effectively mitigated for this youth's circumstances, as
10 determined by the Department, the Department shall not
11 place a youth age 8 or older in an interstate placement
12 unless the Department: (i) determines that the placement
13 is in the youth's best interest, (ii) documents that the
14 youth affirmatively expresses support for the placement,
15 as required by this Section, (iii) the youth has been
16 advised of the diminished protections available and the
17 risk of action these diminished protections pose in light
18 of the youth's specific circumstances, and (iv) the youth
19 has been provided the opportunity to consult with the
20 attorney appointed to represent the youth under the
21 Juvenile Court Act of 1987. The Department shall inform
22 the youth that the youth has the right to express or
23 withhold support for placement in these circumstances. If
24 a youth who is affirmatively expressing support for
25 placement despite the unmitigated risk of adverse action
26 is not already represented by an attorney, the Department
HB4966 Enrolled - 47 - LRB104 20048 KTG 33499 b
1 shall notify the court hearing the youth's case in
2 accordance with the Juvenile Court Act of 1987 that an
3 attorney for the youth should be appointed in accordance
4 with subsection (a-5) of Section 2-27.2 or subsection (c)
5 of Section 2-27.4 of the Juvenile Court Act of 1987. The
6 Department shall provide notice to the court in a manner
7 consistent with Department policy regarding documentation
8 of sensitive identity information.
9 (3) If a youth was under age 8 at the time of
10 interstate placement and the initial placement assessment
11 required under this subsection for youth reaching the age
12 8 after interstate placement finds that the jurisdiction
13 in which the youth is placed poses a risk of adverse action
14 relevant to the youth's specific circumstances and that
15 risk of adverse action cannot be sufficiently and
16 effectively mitigated for the youth's circumstances, as
17 determined by the Department, the Department must confirm
18 whether the youth affirmatively expresses support for
19 remaining in the interstate placement. The Department
20 shall inform the youth that the youth has the right to
21 express or withhold support for the placement in these
22 circumstances.
23 If the youth indicates that the youth does not support
24 remaining in the interstate placement because there is
25 unmitigated risk of adverse action in light of the youth's
26 specific circumstances, the Department shall intervene by
HB4966 Enrolled - 48 - LRB104 20048 KTG 33499 b
1 returning the youth to Illinois or identifying alternative
2 placement options that comport with the requirements of
3 this Section, consistent with the youth's best interests.
4 If, in responding to the Department's inquiry, the
5 youth affirmatively expresses support for remaining in the
6 interstate placement despite the unmitigated risk of
7 adverse action the diminished protections pose in light of
8 the youth's specific circumstances, the Department shall
9 not maintain this interstate placement unless: (i) the
10 Department determines that the placement is in the youth's
11 best interest, (ii) the Department documents that the
12 youth affirmatively expresses support for the placement,
13 as required by this Section, (iii) the youth has been
14 advised of the diminished protections available and the
15 risk of adverse action these diminished protections pose
16 in light of the youth's specific circumstances, and (iv)
17 the youth has been provided the opportunity to consult
18 with the attorney appointed to represent the youth under
19 the Juvenile Court Act of 1987. If that youth is not
20 already represented by an attorney, the Department shall
21 notify the court hearing the youth's case in accordance
22 with the Juvenile Court Act of 1987 that an attorney for
23 the youth should be appointed in accordance with
24 subsection (a-5) of Section 2-27.2 or subsection (c) of
25 Section 2-27.4 of the Juvenile Court Act of 1987. The
26 Department shall provide notice to the court in a manner
HB4966 Enrolled - 49 - LRB104 20048 KTG 33499 b
1 consistent with Department policy regarding documentation
2 of sensitive identity information.
3 Following the Department's determination that the risk
4 of adverse action cannot be sufficiently and effectively
5 mitigated, the Department shall immediately notify the
6 attorney appointed to represent the youth under the
7 Juvenile Court Act of 1987 when the Department is
8 considering action under this paragraph to allow the
9 youth's attorney to consult with the youth.
10 (4) Nothing in this subsection requires court approval
11 prior to interstate placement unless otherwise required by
12 law.
13 (e) Ongoing duty for Illinois-based caseworker contact to
14 monitor risk of adverse action.
15 (1) For any youth age 8 or older placed outside the
16 State of Illinois, the Department shall ensure that an
17 Illinois-based caseworker maintains regular and meaningful
18 contact with the youth for the purpose of monitoring and
19 reassessing safety, well-being, access to medically
20 appropriate care, and risk of adverse action in light of
21 the youth's specific circumstances. At a minimum, such
22 contact shall include:
23 (A) direct communication, in person or via
24 videoconferencing, with the youth at intervals
25 consistent with Department policy, but not less
26 frequently than once per month in a manner that
HB4966 Enrolled - 50 - LRB104 20048 KTG 33499 b
1 permits the youth to speak freely, without the undue
2 influence of others and outside the presence of the
3 caregiver, about the youth's needs and concerns
4 related to health, safety, and well-being;
5 (B) in person visits at intervals consistent with
6 Department policy based on the youth's placement type
7 and level of need but not less than twice a year for
8 approved foster placements and relative caregivers and
9 not less than quarterly for residential or qualified
10 residential treatment program placements, completed by
11 Department-designated qualified staff;
12 (C) monitoring whether the youth's placement is
13 complying with the Department's plan to ensure the
14 youth is receiving care that meets or exceeds Illinois
15 standards for safety, well-being, permanency planning,
16 and the provision of, and access to, health care;
17 (D) identifying emerging or reasonably foreseeable
18 health care needs, including reproductive and sexual
19 health needs, in light of the youth's age,
20 development, and specific circumstances; and
21 (E) reassessing whether the placement continues to
22 meet the youth's needs, in light of any changes in the
23 youth's circumstances, and revising efforts to
24 mitigate risk of adverse action, as necessary, to
25 ensure the youth's interests are protected and needs
26 are being met. Caseworker contact required under this
HB4966 Enrolled - 51 - LRB104 20048 KTG 33499 b
1 subsection shall be documented in the case record and
2 reported to the court at permanency hearings as
3 required under Section 2-28 of the Juvenile Court Act
4 of 1987, in a manner consistent with Department policy
5 regarding documentation of sensitive identity
6 information.
7 (2) The ongoing monitoring and reassessment required
8 under this subsection shall recognize that a youth's
9 health care needs may change over time and shall not be
10 limited to conditions or needs identified at the time of
11 placement. The Department shall document such
12 reassessments in the youth-specific record and include the
13 reassessments in the youth's service plan, in a manner
14 consistent with Department policy regarding documentation
15 of sensitive identity information.
16 (3) The Department shall also confirm whether a youth
17 affirmatively supports remaining in the interstate
18 placement if either the:
19 (A) Department's ongoing monitoring and
20 reassessment required under this subsection finds that
21 the interstate placement poses risk of adverse action
22 relevant to the youth's specific circumstances and
23 that risk of adverse action cannot be sufficiently and
24 effectively mitigated for the youth's specific
25 circumstances, as determined by the Department, while
26 the youth remains in the interstate placement, as
HB4966 Enrolled - 52 - LRB104 20048 KTG 33499 b
1 required under this Section; or
2 (B) Department learns of a denial, delay, or
3 material interference with health care approved by the
4 Department, ordered by an Illinois court, or consented
5 to by the youth as permitted by Illinois law providing
6 youth the authority to consent.
7 The Department shall inform the youth that the youth
8 has the right to express or withhold support for the
9 placement in these circumstances. If the youth does not
10 affirmatively express support for remaining in the
11 interstate placement, the Department shall intervene by
12 returning the youth to Illinois or identifying alternative
13 placement options that comport with the requirements of
14 this Section, consistent with the youth's best interests.
15 If, in responding to the Department's inquiry, the
16 youth affirmatively expresses support for remaining in
17 that interstate placement despite unmitigated risk of
18 adverse action the diminished protections pose in light of
19 the youth's specific circumstances, the Department shall
20 not maintain this interstate placement unless: (i) the
21 Department determines it is in the youth's best interest,
22 (ii) the Department documents that the youth affirmatively
23 expresses support for the placement, as required by this
24 Section, (iii) the youth has been advised of the
25 diminished protections available and the risk of adverse
26 action these diminished protections pose in light of the
HB4966 Enrolled - 53 - LRB104 20048 KTG 33499 b
1 youth's specific circumstances, and (iv) the youth has
2 been provided the opportunity to consult with the attorney
3 appointed to represent the youth under the Juvenile Court
4 Act of 1987.
5 If this youth is not already represented by an
6 attorney, the Department shall notify the court hearing
7 the youth's case in accordance with the Juvenile Court Act
8 of 1987 that an attorney for the youth should be appointed
9 in accordance with subsection (a-5) of Section 2-27.2 or
10 subsection (c) of Section 2-27.4 of the Juvenile Court Act
11 of 1987. The Department shall provide notice to the court
12 in a manner consistent with Department policy regarding
13 documentation of sensitive identity information.
14 Following the Department's determination that risk of
15 adverse action cannot be sufficiently and effectively
16 mitigated, the Department shall immediately notify the
17 attorney appointed to represent the youth under the
18 Juvenile Court Act of 1987 with sufficient notice to allow
19 the youth's attorney to consult with the youth.
20 (4) Ongoing reassessment under this subsection does
21 not require the completion of an assessment form; instead,
22 the Department's analysis and any revisions to the initial
23 assessment may be documented in the format of a case note.
24 (f) Protection of Department employees and service
25 providers. No employee of the Department or a service provider
26 responsible for coordination of lawful health care shall be
HB4966 Enrolled - 54 - LRB104 20048 KTG 33499 b
1 subject to discipline, retaliation, adverse employment action,
2 civil liability, or criminal liability solely for the
3 coordination of lawful health care for a youth in an
4 interstate placement, when such coordination is undertaken in
5 good faith and within the scope of the employee's or service
6 provider's official duties in accordance with Sections 7.29
7 and 7.30.
8 To the fullest extent State and federal law permit, the
9 Department shall not cooperate with or provide assistance to
10 any out-of-state investigation, enforcement action, subpoena,
11 or request that seeks to impose civil, criminal, or
12 professional penalties on an employee or service provider
13 based solely on the coordination of lawful health care.
14 (g) Enforcement. Failure to comply with this Section
15 constitutes grounds for the Department to deny or terminate
16 placement or take licensing action, corrective action, or
17 other remedial action authorized by law. A known, alleged, or
18 suspected violation of a statutory requirement in this Section
19 constitutes a significant event and requires a significant
20 event report by the Department as defined in Section 35.1 of
21 this Act and paragraph (14.2) of Section 1-3 of the Juvenile
22 Court Act of 1987.
23 (h) The Department retains authority, as guardian, to
24 consent to and authorize health care for youth in accordance
25 with Illinois law and applicable court orders. This authority
26 applies regardless of the youth's physical location, including
HB4966 Enrolled - 55 - LRB104 20048 KTG 33499 b
1 when a youth is placed in a residential, hospital, or other
2 interstate placement setting, unless a court of competent
3 jurisdiction grants such authority to another guardian or
4 parent.
5 (i) The requirements of this Section apply to all
6 interstate placements of youth age 8 and older.
7 (j) Construction.
8 (1) Nothing in this Section shall be construed to:
9 (A) provide immunity for any act or omission
10 unrelated to the coordination of lawful health care;
11 (B) require any person or entity to violate the
12 laws of another state;
13 (C) authorize conduct that is not otherwise lawful
14 under Illinois law;
15 (D) regulate the practice of medicine in another
16 state;
17 (E) limit the authority of Illinois courts over
18 youth for whom the Department retains legal custody;
19 (F) require another state to permit or provide
20 health care services; or
21 (G) protect conduct that constitutes willful
22 misconduct or gross negligence under Illinois law.
23 (2) Nothing in this Section shall be construed to
24 limit or diminish: (i) the rights of a youth to be free
25 from discrimination or to receive care consistent with the
26 protections guaranteed under State and federal law; (ii)
HB4966 Enrolled - 56 - LRB104 20048 KTG 33499 b
1 the Department's obligation to comply with subsection (o)
2 of Section 5 of this Act or rules and procedures developed
3 in accordance with that subsection (o), Section 2-27.2 and
4 subsection (2.5) of Section 2-28 of the Juvenile Court Act
5 of 1987, and applicable provisions of the Interstate
6 Compact on the Placement of Children; or (iii) the
7 Department's obligation to act in the youth's best
8 interests.
9 (3) This Section shall be construed broadly to promote
10 the safety, well-being, best interest, and equitable
11 treatment of youth, consistent with the State's compelling
12 interest in protecting youth.
13 (k) If any provision of this Section or its application to
14 any person or circumstance is held invalid, the invalidity of
15 that provision or application does not affect other provisions
16 or applications of this Section that can be given effect
17 without the invalid provision or application.
18 (l) The provisions of this Section apply on and after
19 January 1, 2028.
20 (20 ILCS 505/7.31 new)
21 Sec. 7.31. Public transparency and accountability
22 reporting.
23 (a) Beginning January 1, 2028, and annually every January
24 1 thereafter, the Department shall post the following data on
25 its website:
HB4966 Enrolled - 57 - LRB104 20048 KTG 33499 b
1 (1) The following information for each youth placed
2 out-of-state during the preceding fiscal year: age,
3 gender, type of placement (relative, foster home, adoptive
4 home, institution, detention, residential treatment
5 center, or any other type of placement), and the name of
6 the state in which the youth is placed.
7 (2) A list of the out-of-state residential treatment
8 centers that the Department approved for use during the
9 last fiscal year or makes placement referrals to,
10 including the name of the center, the state in which the
11 center is located, and whether the center is a secure
12 facility.
13 (b) Beginning January 1, 2029, and annually every January
14 1 thereafter, the Department shall post on its website data
15 from the preceding State fiscal year regarding:
16 (1) A list of the significant event reports the
17 Department received reporting alleged, suspected, or known
18 statutory violations of Section 7.29 with a brief
19 description of the nature of each significant event,
20 summarized in a manner that protects the youth's identity
21 from being revealed, and whether the significant event
22 involved the conduct of the Department or a service
23 provider.
24 (2) A list of the significant event reports the
25 Department received reporting alleged, suspected, or known
26 statutory violations of Section 7.30 with a brief
HB4966 Enrolled - 58 - LRB104 20048 KTG 33499 b
1 description of the nature of each significant event,
2 summarized in a manner that protects the youth's identity
3 from being revealed, and whether the significant event
4 involved the conduct of the Department or a service
5 provider.
6 (3) A list of the enforcement actions taken by the
7 Department under Section 8.1b of the Child Care Act of
8 1969 with a brief description of the type of conduct
9 addressed, summarized in a manner that protects the
10 youth's identity from being revealed, and the type of
11 enforcement action taken by the Department.
12 The Department shall include a description of the
13 methodology the Department used to collect the data for
14 subsections (a) and (b), indicate whether the Department had
15 any difficulties collecting the data, and indicate whether
16 there are concerns about the validity of the data. If any of
17 the data elements required to be disclosed under this Section
18 could reasonably be linked to an identified or identifiable
19 youth in combination with the other information due to small
20 sample size, the Department shall exclude the data elements
21 that could be used to identify the youth or compromise the
22 youth's safety and report that the specific data element was
23 excluded for this reason.
24 (c) Performance audits. On or after January 1, 2031, the
25 Auditor General shall commence a performance audit of the
26 Department to determine whether the Department is meeting the
HB4966 Enrolled - 59 - LRB104 20048 KTG 33499 b
1 requirements established by this amendatory Act of the 104th
2 General Assembly in Sections 5g, 6a, 7, 7.29, 7.30, and 35.5 of
3 this Act, Section 8.1b of the Child Care Act of 1969, and
4 Sections 2-27.2, 2-27.4, 2-28, and 5-745 of the Juvenile Court
5 Act of 1987. Within 3 years after the audit's release, the
6 Auditor General shall commence a follow-up performance audit
7 to determine whether the Department has implemented the
8 recommendations contained in the initial performance audit.
9 Upon completion of each audit, the Auditor General shall
10 report its findings to the General Assembly. The Auditor
11 General's reports shall include any issues or deficiencies and
12 recommendations. The audits required by this Section shall be
13 in accordance with and subject to the Illinois State Auditing
14 Act. The Department shall post both audits required under this
15 subsection on the Department's website within 30 days after
16 the Auditor General's finalization of the respective audit.
17 (d) The provisions of this Section apply on and after
18 January 1, 2028.
19 (20 ILCS 505/35.5)
20 Sec. 35.5. Inspector General.
21 (a) The Governor shall appoint, and the Senate shall
22 confirm, an Inspector General who shall have the authority to
23 conduct investigations into allegations of or incidents of
24 possible misconduct, misfeasance, malfeasance, or violations
25 of rules, procedures, or laws by any employee, foster parent,
HB4966 Enrolled - 60 - LRB104 20048 KTG 33499 b
1 service provider, or contractor of the Department of Children
2 and Family Services, except for allegations of violations of
3 the State Officials and Employees Ethics Act which shall be
4 referred to the Office of the Governor's Executive Inspector
5 General for investigation.
6 The Inspector General shall make recommendations to the
7 Director of Children and Family Services concerning sanctions
8 or disciplinary actions against Department employees or
9 providers of service under contract to the Department. The
10 Inspector General shall also make recommendations to the
11 Director concerning measures to be taken to remediate harm
12 caused to a youth who experienced harm due to conduct
13 violating a requirement in Section 7.29 or 7.30, including,
14 but not limited to, the provision of remedial services or
15 other remedies available under law or equity. The Inspector
16 General shall investigate reports involving conduct alleged to
17 violate a minor's rights under Section 7.29 or 7.30 and make
18 findings as to whether the violation can be substantiated.
19 The Director of Children and Family Services shall provide
20 the Inspector General with an implementation report on the
21 status of any corrective actions taken on recommendations
22 under review and shall continue sending updated reports until
23 the corrective action is completed. The Director shall provide
24 a written response to the Inspector General indicating the
25 status of (i) any sanctions or disciplinary actions against
26 employees or providers of service involving any investigation
HB4966 Enrolled - 61 - LRB104 20048 KTG 33499 b
1 subject to review and (ii) any service provision or remedial
2 measures recommended by the Inspector General to address harm
3 to a youth impacted by a violation of Section 7.29 or 7.30. In
4 any case, information included in the reports to the Inspector
5 General and Department responses shall be subject to the
6 public disclosure requirements of the Abused and Neglected
7 Child Reporting Act; however, any public disclosure pertaining
8 to violations of Sections 7.29 or 7.30 shall be limited to
9 information that cannot reasonably be linked to an identified
10 or identifiable child in combination with other information,
11 data sets, or sources. Any investigation conducted by the
12 Inspector General shall be independent and separate from the
13 investigation mandated by the Abused and Neglected Child
14 Reporting Act. The Inspector General shall be appointed for a
15 term of 4 years. The Inspector General shall function
16 independently within the Department of Children and Family
17 Services with respect to the operations of the Office of
18 Inspector General, including the performance of investigations
19 and issuance of findings and recommendations, and shall report
20 to the Director of Children and Family Services and the
21 Governor and perform other duties the Director may designate.
22 The Inspector General shall adopt rules as necessary to carry
23 out the functions, purposes, and duties of the office of
24 Inspector General in the Department of Children and Family
25 Services, in accordance with the Illinois Administrative
26 Procedure Act and any other applicable law.
HB4966 Enrolled - 62 - LRB104 20048 KTG 33499 b
1 (b) The Inspector General shall have access to all
2 information and personnel necessary to perform the duties of
3 the office. To minimize duplication of efforts, and to assure
4 consistency and conformance with the requirements and
5 procedures established in the B.H. v. Suter consent decree and
6 to share resources when appropriate, the Inspector General
7 shall coordinate the Inspector General's activities with the
8 Bureau of Quality Assurance within the Department.
9 (c) The Inspector General shall be the primary liaison
10 between the Department and the Illinois State Police with
11 regard to investigations conducted under the Inspector
12 General's auspices. If the Inspector General determines that a
13 possible criminal act has been committed, or that special
14 expertise is required in the investigation, the Inspector
15 General shall immediately notify the Illinois State Police.
16 All investigations conducted by the Inspector General shall be
17 conducted in a manner designed to ensure the preservation of
18 evidence for possible use in a criminal prosecution.
19 (d) The Inspector General may recommend to the Department
20 of Children and Family Services, the Department of Public
21 Health, or any other appropriate agency, sanctions to be
22 imposed against service providers under the jurisdiction of or
23 under contract with the Department for the protection of
24 children in the custody or under the guardianship of the
25 Department who received services from those providers. The
26 Inspector General may seek the assistance of the Attorney
HB4966 Enrolled - 63 - LRB104 20048 KTG 33499 b
1 General or any of the several State's Attorneys in imposing
2 sanctions.
3 (e) The Inspector General shall at all times be granted
4 access to any foster home, facility, or program operated for
5 or licensed or funded by the Department.
6 (f) Nothing in this Section shall limit investigations by
7 the Department of Children and Family Services that may
8 otherwise be required by law or that may be necessary in that
9 Department's capacity as the central administrative authority
10 for child welfare.
11 (g) The Inspector General shall have the power to subpoena
12 witnesses and compel the production of books and papers
13 pertinent to an investigation authorized by this Act. The
14 power to subpoena or to compel the production of books and
15 papers, however, shall not extend to the person or documents
16 of a labor organization or its representatives insofar as the
17 person or documents of a labor organization relate to the
18 function of representing an employee subject to investigation
19 under this Act. Any person who fails to appear in response to a
20 subpoena or to answer any question or produce any books or
21 papers pertinent to an investigation under this Act, except as
22 otherwise provided in this Section, or who knowingly gives
23 false testimony in relation to an investigation under this Act
24 is guilty of a Class A misdemeanor.
25 (h)(1) The Inspector General shall provide to the General
26 Assembly and the Governor, no later than January 1 of each
HB4966 Enrolled - 64 - LRB104 20048 KTG 33499 b
1 year, a summary of reports and investigations made under this
2 Section for the prior fiscal year. The summaries shall detail
3 the imposition of sanctions and the final disposition of those
4 recommendations. The summaries shall not contain any
5 confidential or identifying information concerning the
6 subjects of the reports and investigations. The summaries also
7 shall include detailed recommended administrative actions and
8 matters for consideration by the General Assembly.
9 (2) As it pertains to the annual summary of reports and
10 investigations required under paragraph (1), for reports
11 received on or after January 1, 2028, the Inspector General
12 shall:
13 (A) disclose the number of investigations commenced
14 involving allegations that conduct occurred that violated
15 a minor's rights under Section 7.29 or 7.30;
16 (B) disclose the number of those investigations that
17 resulted in the Inspector General substantiating a finding
18 that such conduct occurred; and
19 (C) for those investigations resulting in a
20 substantiated finding by the Inspector General, the
21 summaries provided shall detail: (i) the type of alleged
22 violation; (ii) the type of entity alleged to have
23 committed the conduct violation; (iii) whether any
24 remedial services or interventions were provided to the
25 youth to remedy harm related to the violation, if any;
26 (iv) the final disposition of investigative
HB4966 Enrolled - 65 - LRB104 20048 KTG 33499 b
1 recommendations the Inspector General provided to the
2 Director and any reason provided to the Inspector General
3 for declining to follow a recommendation, if any; and (v)
4 any recommendations for systemic improvement to prevent
5 future violations, including any enforcement mechanisms
6 needed to ensure accountability for violations.
7 (i) The changes made to this Section by this amendatory
8 Act of the 104th General Assembly apply on and after January 1,
9 2028.
10 (Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.)
11 Section 10. The Child Care Act of 1969 is amended by adding
12 Section 8.1b as follows:
13 (225 ILCS 10/8.1b new)
14 Sec. 8.1b. Supportive care for youth placed; licensure and
15 contractual compliance.
16 (a) Any child care institution, group home, residential
17 treatment center, foster home, or child placing agency
18 licensed under this Act that serves a child in the care of the
19 Department of Children and Family Services shall comply with
20 Sections 5g, 6a, 7, 7.29, and 7.30 of the Children and Family
21 Services Act. As a condition of licensure under this Act and of
22 eligibility to contract with or receive placement referrals
23 from the Department, an entity licensed under this Act that
24 provides care to a child in the care of the Department shall
HB4966 Enrolled - 66 - LRB104 20048 KTG 33499 b
1 comply with Sections 5g, 6a, 7, 7.29, and 7.30 of the Children
2 and Family Services Act and agree, by contract or written
3 agreement, to comply with those Sections.
4 (b) Enforcement. Failure to comply with this Section 8.1b
5 may constitute grounds for the Department to deny or terminate
6 placement or take licensing action, corrective action, or
7 other remedial action authorized by law. Nothing in this
8 subsection relieves the Department of its obligations to
9 comply with the requirements of subsection (o) of Section 5 of
10 the Children and Family Services Act or rules and procedures
11 developed in accordance with that subsection (o).
12 (c) If any provision of this Section or its application to
13 any person or circumstance is held invalid, the invalidity of
14 that provision or application does not affect other provisions
15 or applications of this Section that can be given effect
16 without the invalid provision or application.
17 (d) The provisions of this Section apply on and after
18 January 1, 2028.
19 Section 15. The Juvenile Court Act of 1987 is amended by
20 changing Sections 2-27.2, 2-28, and 5-745 and by adding
21 Section 2-27.4 as follows:
22 (705 ILCS 405/2-27.2)
23 Sec. 2-27.2. Placement; out-of-state residential treatment
24 center.
HB4966 Enrolled - 67 - LRB104 20048 KTG 33499 b
1 (a) In addition to the provisions of subsection (3) of
2 Section 2-27 of this Act, no placement by any probation
3 officer or agency whose representative is an appointed
4 guardian of the person or legal custodian of the minor may be
5 made in an out-of-state residential treatment center unless
6 the court has determined that the out-of-state residential
7 placement is in the best interest and is the least
8 restrictive, most family-like setting for the minor. The
9 Department's application to the court to place a minor in an
10 out-of-state residential treatment center shall include:
11 (1) an explanation of what in State resources, if any,
12 were considered for the minor and why the minor cannot be
13 placed in a residential treatment center or other
14 placement in this State;
15 (2) an explanation as to how the out-of-state
16 residential treatment center will impact the minor's
17 relationships with family and other individuals important
18 to the minor in and what steps the Department will take to
19 preserve those relationships;
20 (3) an explanation as to how the Department will
21 ensure the safety and well-being of the minor in the
22 out-of-state residential treatment center; and
23 (4) an explanation as to why it is in the minor's best
24 interest to be placed in an out-of-state residential
25 treatment center, including a description of the minor's
26 treatment needs and how those needs will be met in the
HB4966 Enrolled - 68 - LRB104 20048 KTG 33499 b
1 proposed placement; .
2 (5) an explanation as to the manner by which the
3 Department assessed the out-of-state residential treatment
4 center to determine the center's capacity to provide
5 supportive care, as defined in Section 7.29 of the
6 Children and Family Services Act, including, but not
7 limited to, whether the Department has visited the
8 placement and whether the Department has requested and, if
9 legally accessible, reviewed any history of licensing
10 violations or maltreatment reports for that placement;
11 (6) if the minor is 8 years of age or older, consistent
12 with Department policy regarding documentation of
13 sensitive identity information, as that term is defined in
14 the Children and Family Services Act, an overview of the
15 individualized placement assessment required under
16 subsection (d) of Section 7.30 of the Children and Family
17 Services Act, including any risk of adverse action
18 identified, as determined by the Department, the
19 Department's plan to mitigate such risk of adverse action;
20 and
21 (7) an affirmative statement of the minor's
22 preferences regarding placement, and if the minor does not
23 agree to this placement, the minor's explanation; and
24 (8) if the minor age 8 or older will not be
25 participating in the hearing under this Section, an
26 explanation as to how the Department offered the minor the
HB4966 Enrolled - 69 - LRB104 20048 KTG 33499 b
1 opportunity to participate, including offering
2 transportation assistance and remote participation
3 opportunities.
4 (a-5) In addition to any rights the minor may have under
5 Section 1-5 of this Act, if the minor is not already
6 represented by an attorney, the court shall appoint an
7 attorney for the minor upon notification from the Department
8 that the minor requires appointment of an attorney in
9 accordance with subsection (d) or (e) of Section 7.30 of the
10 Children and Family Services Act.
11 (b) If the out-of-state residential treatment center is a
12 secure facility as defined in paragraph (18) of Section 1-3 of
13 this Act, the requirements of Section 27.1 of this Act shall
14 also be met prior to the minor's placement in the out-of-state
15 residential treatment center.
16 (c) This Section does not apply to an out-of-state
17 placement of a minor in a family foster home, relative foster
18 home, a home of a parent, or a dormitory or independent living
19 setting of a minor attending a post-secondary educational
20 institution.
21 (d) The changes made to this Section by this amendatory
22 Act of the 104th General Assembly apply on and after January 1,
23 2028.
24 (Source: P.A. 100-136, eff. 8-18-17.)
25 (705 ILCS 405/2-27.4 new)
HB4966 Enrolled - 70 - LRB104 20048 KTG 33499 b
1 Sec. 2-27.4. Risk of adverse action assessment and
2 monitoring for minors 8 or older in out-of-state placements.
3 (a) Applicability. This Section applies to minors age 8 or
4 older who are placed in out-of-state placements other than
5 residential treatment centers, including youth in college.
6 This does not apply to minors returned to, or remaining in, the
7 custody of their parents.
8 (b) Court notification. The Department shall submit a
9 written report to the court as required under this subsection,
10 and consistent with Department policy regarding documentation
11 of sensitive identity information, as the term is defined in
12 the Children and Family Services Act no later than: (i) 5 days
13 prior to the Department of Children and Family Services'
14 submission of an Interstate Compact on the Placement of
15 Children request to place a minor; or (ii) 60 days after a
16 minor who is placed out-of-state reaches age 8; or (iii) 10
17 days prior to the minor moving out-of-state to a placement
18 that does not require an interstate compact; or (iv) within 15
19 days of the Department approving an out-of-state placement not
20 subject to the Interstate Compact on the Placement of
21 Children, whichever is earlier. The written report to the
22 court shall explain:
23 (1) the findings of the assessment required under
24 subsection (d) of Section 7.30 of the Children and Family
25 Services Act;
26 (2) the necessity and justification for the
HB4966 Enrolled - 71 - LRB104 20048 KTG 33499 b
1 out-of-state placement;
2 (3) the efforts of the Department of Children and
3 Family Services to identify an appropriate in-state
4 placement;
5 (4) the anticipated duration of the placement;
6 (5) the Department's plan for maintaining regular and
7 meaningful contact between the Illinois-based assigned
8 caseworker and the minor as required under subsections (d)
9 and (e) of Section 7.30 of the Children and Family
10 Services Act;
11 (6) why the Department determined it to be in the
12 minor's best interest to be placed in the identified
13 placement and an affirmative statement of the minor's
14 preferences regarding the placement; and
15 (7) whether the minor is in need of an attorney in
16 accordance with subsection (d) or (e) of Section 7.30 of
17 the Children and Family Services Act.
18 (c) In addition to any rights the minor may have under
19 Section 1-5 of this Act, if the minor is not already
20 represented by an attorney, the court shall appoint an
21 attorney for the minor upon notification from the Department
22 that the minor requires appointment of an attorney in
23 accordance with subsection (d) or (e) of Section 7.30 of the
24 Children and Family Services Act.
25 (d) The provisions of this Section apply on and after
26 January 1, 2028; however, the provisions of subsection (b)
HB4966 Enrolled - 72 - LRB104 20048 KTG 33499 b
1 apply on and after March 1, 2028 to interstate placements of a
2 youth age 8 or older if the placement occurred before January
3 1, 2028 and the youth remains in the Department's care on or
4 after January 1, 2028.
5 (705 ILCS 405/2-28)
6 (Text of Section before amendment by P.A. 104-107)
7 Sec. 2-28. Court review.
8 (1) The court may require any legal custodian or guardian
9 of the person appointed under this Act to report periodically
10 to the court or may cite the legal custodian or guardian into
11 court and require the legal custodian, guardian, or the legal
12 custodian's or guardian's agency to make a full and accurate
13 report of the doings of the legal custodian, guardian, or
14 agency on behalf of the minor. The custodian or guardian,
15 within 10 days after such citation, or earlier if the court
16 determines it to be necessary to protect the health, safety,
17 or welfare of the minor, shall make the report, either in
18 writing verified by affidavit or orally under oath in open
19 court, or otherwise as the court directs. Upon the hearing of
20 the report the court may remove the custodian or guardian and
21 appoint another in the custodian's or guardian's stead or
22 restore the minor to the custody of the minor's parents or
23 former guardian or custodian. However, custody of the minor
24 shall not be restored to any parent, guardian, or legal
25 custodian in any case in which the minor is found to be
HB4966 Enrolled - 73 - LRB104 20048 KTG 33499 b
1 neglected or abused under Section 2-3 or dependent under
2 Section 2-4 of this Act, unless the minor can be cared for at
3 home without endangering the minor's health or safety and it
4 is in the best interests of the minor, and if such neglect,
5 abuse, or dependency is found by the court under paragraph (1)
6 of Section 2-21 of this Act to have come about due to the acts
7 or omissions or both of such parent, guardian, or legal
8 custodian, until such time as an investigation is made as
9 provided in paragraph (5) and a hearing is held on the issue of
10 the fitness of such parent, guardian, or legal custodian to
11 care for the minor and the court enters an order that such
12 parent, guardian, or legal custodian is fit to care for the
13 minor.
14 (1.3)(A) As used in this subsection:
15 "Direct case management, care, or placement" means work or
16 services of individual workers or caregivers employed,
17 contracted, or licensed by the Department or its service
18 providers for child welfare services provided directly to
19 individual minors, including, but not limited to, case
20 management, clinical services, foster or relative caregiver
21 services, and other placement services.
22 "Service provider" has the meaning ascribed to that term
23 in subsection (b) of Section 7.29 of the Children and Family
24 Services Act.
25 (B) Upon motion by any party or sua sponte, the court shall
26 conduct a hearing to determine whether the minor has been
HB4966 Enrolled - 74 - LRB104 20048 KTG 33499 b
1 subjected to conduct by an individual employee, contractor,
2 licensee, or caregiver providing the minor's direct case
3 management, care, or placement that violates the minor's
4 rights under subparagraph (A) or (B) of paragraph (2) of
5 subsection (e) of Section 7.29 of the Children and Family
6 Services Act or paragraph (1) of subsection (f) of Section
7 7.29 of the Children and Family Services Act. The hearing
8 shall be conducted within 10 days of notice to the parties.
9 (C) The Department shall facilitate the minor's presence
10 for any proceedings regarding the alleged violation if the
11 minor wants to be present.
12 (D) If the minor does not have an attorney, the court shall
13 appoint one for the purposes of the hearing initiated under
14 this subsection.
15 (E) If, after reviewing evidence, including evidence from
16 the Department, the court determines that the minor has been
17 subjected to conduct by an individual employee, contractor,
18 licensee, or caregiver providing the minor's direct case
19 management, care, or placement that violates the minor's
20 rights under subparagraph (A) or (B) of paragraph (2) of
21 subsection (e) of Section 7.29 of the Children and Family
22 Services Act or under paragraph (1) of subsection (f) of
23 Section 7.29 of the Children and Family Services Act, the
24 court shall put in writing the factual basis supporting its
25 findings, including specific factual findings regarding the
26 nature of the violation and the involved employee, contractor,
HB4966 Enrolled - 75 - LRB104 20048 KTG 33499 b
1 licensee, or caregiver providing direct case management, care,
2 or placement. Consistent with its findings, the court shall:
3 (i) order the Department to monitor and ensure
4 reasonable conditions of conduct to be demonstrated by the
5 involved employee, contractor, licensee, or caregiver
6 providing direct case management, care, or placement for a
7 specified period of time and may require the Department to
8 make periodic reports to the court containing such
9 information as the court in its discretion may prescribe;
10 (ii) require the Department to report to the court why
11 the Department's oversight may have failed to prevent
12 conduct that violated subparagraph (A) or (B) of paragraph
13 (2) of subsection (e) of Section 7.29 of the Children and
14 Family Services Act or paragraph (1) of subsection (f) of
15 Section 7.29 of the Children and Family Services Act;
16 (iii) require the Department to refer the allegation
17 of conduct in violation of subparagraph (A) or (B) of
18 paragraph (2) of subsection (e) of Section 7.29 of the
19 Children and Family Services Act or paragraph (1) of
20 subsection (f) of Section 7.29 of the Children and Family
21 Services Act to the Department's Inspector General for
22 investigation under Section 35.5 of the Children and
23 Family Services Act, if the Department has not done so
24 already; and
25 (iv) if the court determines that the Department
26 violated its obligations under paragraph (1) of subsection
HB4966 Enrolled - 76 - LRB104 20048 KTG 33499 b
1 (f) of Section 7.29 of the Children and Family Services
2 Act, require the Department to take immediate action to
3 remedy the violation in accordance with this subsection.
4 (F) In addition to the required actions under paragraph
5 (E), within the scope of the existing expressly permitted
6 relief under the Juvenile Court Act of 1987, the court may
7 enter any and all reasonable orders to remediate harm and
8 prevent future harm to the minor, including, but not limited
9 to:
10 (i) requiring the provision of specific services to
11 address the harm caused to the minor;
12 (ii) requiring the Department to amend the minor's
13 service plan consistent with the court's findings under
14 this subsection;
15 (iii) making a finding that the minor's placement is
16 not necessary or appropriate for the minor;
17 (iv) requiring the Department to locate an appropriate
18 placement, as determined by the Department, for the minor
19 within a specified timeframe;
20 (v) requiring the Department to submit a plan to
21 remedy the harm that resulted from the violation;
22 (vi) requiring the Department to investigate the
23 conduct of the individual employee, contractor, licensee,
24 or caregiver providing direct case management, care, or
25 placement responsible or contributing to the conditions
26 that resulted in the violation; and
HB4966 Enrolled - 77 - LRB104 20048 KTG 33499 b
1 (vii) requiring the Department to implement a
2 recommendation by the minor's treating clinician, a
3 clinician contracted by the Department to evaluate the
4 minor, a recommendation made by the Department, or a
5 reasonable and relevant request for specific support made
6 by the minor.
7 (G) If the Department places a minor in a placement under
8 an order entered under this subsection, the Department has the
9 authority to remove the minor from that placement when a
10 change in circumstances necessitates the removal to protect
11 the minor's health, safety, and best interest. If the
12 Department determines removal is necessary, the Department
13 shall notify the parties of the planned placement change in
14 writing no later than 10 days prior to the implementation of
15 its determination unless remaining in the placement poses an
16 imminent risk of harm to the minor, in which case the
17 Department shall notify the parties of the placement change in
18 writing immediately following the implementation of its
19 decision. The Department shall notify others of the decision
20 to change the minor's placement as required by Department
21 rule.
22 (H) Any order entered under this subsection shall be
23 directly related to remedying harm to a minor or preventing
24 future harm to a minor caused by the conduct of an individual
25 employee, contractor, licensee, or caregiver providing direct
26 case management, care, or placement involved in the violation
HB4966 Enrolled - 78 - LRB104 20048 KTG 33499 b
1 of the minor's rights under subparagraph (A) or (B) of
2 paragraph (2) of subsection (e) of Section 7.29 of the
3 Children and Family Services Act or paragraph (1) of
4 subsection (f) of Section 7.29 of the Children and Family
5 Services Act. Nothing in this subsection diminishes a minor's
6 right to seek any other remedy and relief available to the
7 minor at law or equity.
8 (1.5) The public agency that is the custodian or guardian
9 of the minor shall file a written report with the court no
10 later than 15 days after a minor in the agency's care remains:
11 (1) in a shelter placement beyond 30 days;
12 (2) in a psychiatric hospital past the time when the
13 minor is clinically ready for discharge or beyond medical
14 necessity for the minor's health; or
15 (3) in a detention center or Department of Juvenile
16 Justice facility solely because the public agency cannot
17 find an appropriate placement for the minor.
18 The report shall explain the steps the agency is taking to
19 ensure the minor is placed appropriately, how the minor's
20 needs are being met in the minor's shelter placement, and if a
21 future placement has been identified by the Department, why
22 the anticipated placement is appropriate for the needs of the
23 minor and the anticipated placement date.
24 (1.6) Within 30 days after placing a minor child in its
25 care in a qualified residential treatment program, as defined
26 by the federal Social Security Act, the Department of Children
HB4966 Enrolled - 79 - LRB104 20048 KTG 33499 b
1 and Family Services shall prepare a written report for filing
2 with the court and send copies of the report to all parties.
3 Within 20 days of the filing of the report, or as soon
4 thereafter as the court's schedule allows but not more than 60
5 days from the date of placement, the court shall hold a hearing
6 to consider the Department's report and determine whether
7 placement of the minor child in a qualified residential
8 treatment program provides the most effective and appropriate
9 level of care for the minor child in the least restrictive
10 environment and if the placement is consistent with the
11 short-term and long-term goals for the minor child, as
12 specified in the permanency plan for the minor child. The
13 court shall approve or disapprove the placement. If
14 applicable, the requirements of Sections 2-27.1 and 2-27.2 of
15 this Act and Section 7.30 of the Children and Family Services
16 Act must also be met. The Department's written report and the
17 court's written determination shall be included in and made
18 part of the case plan for the minor child. If the minor child
19 remains placed in a qualified residential treatment program,
20 the Department shall submit evidence at each status and
21 permanency hearing:
22 (A) demonstrating that ongoing on-going assessment of
23 the strengths and needs of the minor child continues to
24 support the determination that the minor's child's needs
25 cannot be met through placement in a foster family home,
26 that the placement provides the most effective and
HB4966 Enrolled - 80 - LRB104 20048 KTG 33499 b
1 appropriate level of care for the minor child in the least
2 restrictive, appropriate environment, and that the
3 placement is consistent with the short-term and long-term
4 permanency goal for the minor child, as specified in the
5 permanency plan for the minor child;
6 (B) documenting the specific treatment or service
7 needs that should be met for the minor child in the
8 placement and the length of time the minor child is
9 expected to need the treatment or services;
10 (C) the efforts made by the agency to prepare the
11 minor child to return home or to be placed with a fit and
12 willing relative, a legal guardian, or an adoptive parent,
13 or in a foster family home; and
14 (D) beginning July 1, 2025, documenting the
15 Department's efforts regarding ongoing family finding and
16 relative engagement required under Section 2-27.3; and.
17 (E) if applicable, consistent with the Department
18 policy regarding documentation of sensitive identity
19 information, as that term is defined in Section 4d of the
20 Children and Family Services Act, the efforts made by the
21 Department to monitor and mitigate the risk of adverse
22 action, as defined in subsection (b) of Section 7.30 of
23 the Children and Family Services Act, relevant to the
24 minor's circumstances in an out-of-state placement.
25 (2) The first permanency hearing shall be conducted by the
26 judge. Subsequent permanency hearings may be heard by a judge
HB4966 Enrolled - 81 - LRB104 20048 KTG 33499 b
1 or by hearing officers appointed or approved by the court in
2 the manner set forth in Section 2-28.1 of this Act. The initial
3 hearing shall be held (a) within 12 months from the date
4 temporary custody was taken, regardless of whether an
5 adjudication or dispositional hearing has been completed
6 within that time frame, (b) if the parental rights of both
7 parents have been terminated in accordance with the procedure
8 described in subsection (5) of Section 2-21, within 30 days of
9 the order for termination of parental rights and appointment
10 of a guardian with power to consent to adoption, or (c) in
11 accordance with subsection (2) of Section 2-13.1. Subsequent
12 permanency hearings shall be held every 6 months or more
13 frequently if necessary in the court's determination following
14 the initial permanency hearing, in accordance with the
15 standards set forth in this Section, until the court
16 determines that the plan and goal have been achieved. Once the
17 plan and goal have been achieved, if the minor remains in
18 substitute care, the case shall be reviewed at least every 6
19 months thereafter, subject to the provisions of this Section,
20 unless the minor is placed in the guardianship of a suitable
21 relative or other person and the court determines that further
22 monitoring by the court does not further the health, safety,
23 or best interest of the minor child and that this is a stable
24 permanent placement. The permanency hearings must occur within
25 the time frames set forth in this subsection and may not be
26 delayed in anticipation of a report from any source or due to
HB4966 Enrolled - 82 - LRB104 20048 KTG 33499 b
1 the agency's failure to timely file its written report (this
2 written report means the one required under the next paragraph
3 and does not mean the service plan also referred to in that
4 paragraph).
5 The public agency that is the custodian or guardian of the
6 minor, or another agency responsible for the minor's care,
7 shall ensure that all parties to the permanency hearings are
8 provided a copy of the most recent service plan prepared
9 within the prior 6 months at least 14 days in advance of the
10 hearing. If not contained in the agency's service plan, the
11 agency shall also include a report setting forth the
12 following:
13 (A) any special physical, psychological, educational,
14 medical, emotional, or other needs of the minor or the
15 minor's family that are relevant to a permanency or
16 placement determination, and for any minor age 16 or over,
17 a written description of the programs and services that
18 will enable the minor to prepare for independent living;
19 (B) beginning July 1, 2025, a written description of
20 ongoing family finding and relative engagement efforts in
21 accordance with the requirements under Section 2-27.3 the
22 agency has undertaken since the most recent report to the
23 court to plan for the emotional and legal permanency of
24 the minor;
25 (C) whether a minor is placed in a licensed child care
26 facility under a corrective plan by the Department due to
HB4966 Enrolled - 83 - LRB104 20048 KTG 33499 b
1 concerns impacting the minor's safety and well-being. The
2 report shall explain the steps the Department is taking to
3 ensure the safety and well-being of the minor and that the
4 minor's needs are met in the facility;
5 (C-1) if the minor, age 8 or older, is placed outside
6 the State of Illinois, an explanation of any risk of
7 adverse action and efforts made by the Department to meet
8 its obligations under Section 7.30 of the Children and
9 Family Services Act, stated in a manner consistent with
10 Department policy regarding documentation of sensitive
11 identity information;
12 (C-2) an explanation of the minor's preferences
13 regarding placement; and
14 (D) detail regarding what progress or lack of progress
15 the parent has made in correcting the conditions requiring
16 the minor child to be in care; whether the minor child can
17 be returned home without jeopardizing the minor's child's
18 health, safety, and welfare, what permanency goal is
19 recommended to be in the best interests of the minor
20 child, and the reasons for the recommendation. If a
21 permanency goal under paragraph (A), (B), or (B-1) of
22 subsection (2.3) have been deemed inappropriate and not in
23 the minor's best interest, the report must include the
24 following information:
25 (i) confirmation that the caseworker has discussed
26 the permanency options and subsidies available for
HB4966 Enrolled - 84 - LRB104 20048 KTG 33499 b
1 guardianship and adoption with the minor's caregivers,
2 the minor's parents, as appropriate, and has discussed
3 the available permanency options with the minor in an
4 age-appropriate manner;
5 (ii) confirmation that the caseworker has
6 discussed with the minor's caregivers, the minor's
7 parents, as appropriate, and the minor as
8 age-appropriate, the distinctions between guardianship
9 and adoption, including, but not limited to, that
10 guardianship does not require termination of the
11 parent's rights or the consent of the parent;
12 (iii) a description of the stated preferences and
13 concerns, if any, the minor, the parent as
14 appropriate, and the caregiver expressed relating to
15 the options of guardianship and adoption, and the
16 reasons for the preferences;
17 (iv) if the minor is not currently in a placement
18 that will provide permanency, identification of all
19 persons presently willing and able to provide
20 permanency to the minor through either guardianship or
21 adoption, and beginning July 1, 2025, if none are
22 available, a description of the efforts made in
23 accordance with Section 2-27.3; and
24 (v) state the recommended permanency goal, why
25 that goal is recommended, and why the other potential
26 goals were not recommended.
HB4966 Enrolled - 85 - LRB104 20048 KTG 33499 b
1 The caseworker must appear and testify at the permanency
2 hearing. If a permanency hearing has not previously been
3 scheduled by the court, the moving party shall move for the
4 setting of a permanency hearing and the entry of an order
5 within the time frames set forth in this subsection.
6 (2.3) At the permanency hearing, the court shall determine
7 the permanency goal of the minor child. The court shall set one
8 of the following permanency goals:
9 (A) The minor will be returned home by a specific date
10 within 5 months.
11 (B) The minor will be in short-term care with a
12 continued goal to return home within a period not to
13 exceed one year, where the progress of the parent or
14 parents is substantial giving particular consideration to
15 the age and individual needs of the minor.
16 (B-1) The minor will be in short-term care with a
17 continued goal to return home pending a status hearing.
18 When the court finds that a parent has not made reasonable
19 efforts or reasonable progress to date, the court shall
20 identify what actions the parent and the Department must
21 take in order to justify a finding of reasonable efforts
22 or reasonable progress and shall set a status hearing to
23 be held not earlier than 9 months from the date of
24 adjudication nor later than 11 months from the date of
25 adjudication during which the parent's progress will again
26 be reviewed.
HB4966 Enrolled - 86 - LRB104 20048 KTG 33499 b
1 If the court has determined that goals (A), (B), and
2 (B-1) are not appropriate and not in the minor's best
3 interest, the court may select one of the following goals:
4 (C), (D), (E), (F), (G), or (H) for the minor as
5 appropriate and based on the best interests of the minor.
6 The court shall determine the appropriate goal for the
7 minor based on best interest factors and any
8 considerations outlined in that goal.
9 (C) The guardianship of the minor shall be transferred
10 to an individual or couple on a permanent basis. Prior to
11 changing the goal to guardianship, the court shall
12 consider the following:
13 (i) whether the agency has discussed adoption and
14 guardianship with the caregiver and what preference,
15 if any, the caregiver has as to the permanency goal;
16 (ii) whether the agency has discussed adoption and
17 guardianship with the minor, as age-appropriate, and
18 what preference, if any, the minor has as to the
19 permanency goal;
20 (iii) whether the minor is of sufficient age to
21 remember the minor's parents and if the minor child
22 values this familial identity;
23 (iv) whether the minor is placed with a relative,
24 and beginning July 1, 2025, whether the minor is
25 placed in a relative home as defined in Section 4d of
26 the Children and Family Services Act or in a certified
HB4966 Enrolled - 87 - LRB104 20048 KTG 33499 b
1 relative caregiver home as defined in Section 2.36 of
2 the Child Care Act of 1969; and
3 (v) whether the parent or parents have been
4 informed about guardianship and adoption, and, if
5 appropriate, what preferences, if any, the parent or
6 parents have as to the permanency goal.
7 (D) The minor will be in substitute care pending court
8 determination on termination of parental rights. Prior to
9 changing the goal to substitute care pending court
10 determination on termination of parental rights, the court
11 shall consider the following:
12 (i) whether the agency has discussed adoption and
13 guardianship with the caregiver and what preference,
14 if any, the caregiver has as to the permanency goal;
15 (ii) whether the agency has discussed adoption and
16 guardianship with the minor, as age-appropriate, and
17 what preference, if any, the minor has as to the
18 permanency goal;
19 (iii) whether the minor is of sufficient age to
20 remember the minor's parents and if the minor child
21 values this familial identity;
22 (iv) whether the minor is placed with a relative,
23 and beginning July 1, 2025, whether the minor is
24 placed in a relative home as defined in Section 4d of
25 the Children and Family Services Act, in a certified
26 relative caregiver home as defined in Section 2.36 of
HB4966 Enrolled - 88 - LRB104 20048 KTG 33499 b
1 the Child Care Act of 1969;
2 (v) whether the minor is already placed in a
3 pre-adoptive home, and if not, whether such a home has
4 been identified; and
5 (vi) whether the parent or parents have been
6 informed about guardianship and adoption, and, if
7 appropriate, what preferences, if any, the parent or
8 parents have as to the permanency goal.
9 (E) Adoption, provided that parental rights have been
10 terminated or relinquished.
11 (F) Provided that permanency goals (A) through (E)
12 have been deemed inappropriate and not in the minor's best
13 interests, the minor over age 15 will be in substitute
14 care pending independence. In selecting this permanency
15 goal, the Department of Children and Family Services may
16 provide services to enable reunification and to strengthen
17 the minor's connections with family, fictive kin, and
18 other responsible adults, provided the services are in the
19 minor's best interest. The services shall be documented in
20 the service plan.
21 (G) The minor will be in substitute care because the
22 minor cannot be provided for in a home environment due to
23 developmental disabilities or mental illness or because
24 the minor is a danger to self or others, provided that
25 goals (A) through (E) have been deemed inappropriate and
26 not in the minor's child's best interests.
HB4966 Enrolled - 89 - LRB104 20048 KTG 33499 b
1 In selecting any permanency goal, the court shall
2 indicate in writing the reasons the goal was selected and
3 why the preceding goals were deemed inappropriate and not
4 in the minor's child's best interest. Where the court has
5 selected a permanency goal other than (A), (B), or (B-1),
6 the Department of Children and Family Services shall not
7 provide further reunification services, except as provided
8 in paragraph (F) of this subsection (2.3), but shall
9 provide services consistent with the goal selected.
10 (H) Notwithstanding any other provision in this
11 Section, the court may select the goal of continuing
12 foster care as a permanency goal if:
13 (1) The Department of Children and Family Services
14 has custody and guardianship of the minor;
15 (2) The court has deemed all other permanency
16 goals inappropriate based on the minor's child's best
17 interest;
18 (3) The court has found compelling reasons, based
19 on written documentation reviewed by the court, to
20 place the minor in continuing foster care. Compelling
21 reasons include:
22 (a) the minor child does not wish to be
23 adopted or to be placed in the guardianship of the
24 minor's relative, certified relative caregiver, or
25 foster care placement;
26 (b) the minor child exhibits an extreme level
HB4966 Enrolled - 90 - LRB104 20048 KTG 33499 b
1 of need such that the removal of the minor child
2 from the minor's placement would be detrimental to
3 the minor child; or
4 (c) the minor child who is the subject of the
5 permanency hearing has existing close and strong
6 bonds with a sibling, and achievement of another
7 permanency goal would substantially interfere with
8 the subject minor's child's sibling relationship,
9 taking into consideration the nature and extent of
10 the relationship, and whether ongoing contact is
11 in the subject minor's child's best interest,
12 including long-term emotional interest, as
13 compared with the legal and emotional benefit of
14 permanence;
15 (4) The minor child has lived with the relative,
16 certified relative caregiver, or foster parent for at
17 least one year; and
18 (5) The relative, certified relative caregiver, or
19 foster parent currently caring for the minor child is
20 willing and capable of providing the minor child with
21 a stable and permanent environment.
22 (2.4) The court shall set a permanency goal that is in the
23 best interest of the minor child. In determining that goal,
24 the court shall consult with the minor in an age-appropriate
25 manner regarding the proposed permanency or transition plan
26 for the minor. The court's determination shall include the
HB4966 Enrolled - 91 - LRB104 20048 KTG 33499 b
1 following factors:
2 (A) Age of the minor child.
3 (B) Options available for permanence, including both
4 out-of-state and in-state placement options.
5 (C) Current placement of the minor child and the
6 intent of the family regarding subsidized guardianship and
7 adoption.
8 (D) Emotional, physical, and mental status or
9 condition of the minor child.
10 (E) Types of services previously offered and whether
11 or not the services were successful and, if not
12 successful, the reasons the services failed.
13 (F) Availability of services currently needed and
14 whether the services exist.
15 (G) Status of siblings of the minor.
16 (H) If the minor is not currently in a placement
17 likely to achieve permanency, whether there is an
18 identified and willing potential permanent caregiver for
19 the minor, and if so, that potential permanent caregiver's
20 intent regarding guardianship and adoption.
21 The court shall consider (i) the permanency goal contained
22 in the service plan, (ii) the appropriateness of the services
23 contained in the plan and whether those services have been
24 provided, (iii) whether reasonable efforts have been made by
25 all the parties to the service plan to achieve the goal, and
26 (iv) whether the plan and goal have been achieved. All
HB4966 Enrolled - 92 - LRB104 20048 KTG 33499 b
1 evidence relevant to determining these questions, including
2 oral and written reports, may be admitted and may be relied on
3 to the extent of their probative value.
4 The court shall make findings as to whether, in violation
5 of Section 8.2 of the Abused and Neglected Child Reporting
6 Act, any portion of the service plan compels a minor child or
7 parent to engage in any activity or refrain from any activity
8 that is not reasonably related to remedying a condition or
9 conditions that gave rise or which could give rise to any
10 finding of child abuse or neglect. The services contained in
11 the service plan shall include services reasonably related to
12 remedy the conditions that gave rise to removal of the minor
13 child from the home of the minor's child's parents, guardian,
14 or legal custodian or that the court has found must be remedied
15 prior to returning the minor child home. Any tasks the court
16 requires of the parents, guardian, or legal custodian or minor
17 child prior to returning the minor child home must be
18 reasonably related to remedying a condition or conditions that
19 gave rise to or which could give rise to any finding of child
20 abuse or neglect.
21 If the permanency goal is to return home, the court shall
22 make findings that identify any problems that are causing
23 continued placement of the minors children away from the home
24 and identify what outcomes would be considered a resolution to
25 these problems. The court shall explain to the parents that
26 these findings are based on the information that the court has
HB4966 Enrolled - 93 - LRB104 20048 KTG 33499 b
1 at that time and may be revised, should additional evidence be
2 presented to the court.
3 The court shall review the Sibling Contact Support Plan
4 developed or modified under subsection (f) of Section 7.4 of
5 the Children and Family Services Act, if applicable. If the
6 Department has not convened a meeting to develop or modify a
7 Sibling Contact Support Plan, or if the court finds that the
8 existing Plan is not in the minor's child's best interest, the
9 court may enter an order requiring the Department to develop,
10 modify, or implement a Sibling Contact Support Plan, or order
11 mediation.
12 The Beginning July 1, 2025, the court shall review the
13 Ongoing Family Finding and Relative Engagement Plan required
14 under Section 2-27.3. If the court finds that the plan is not
15 in the minor's best interest, the court shall enter specific
16 factual findings and order the Department to modify the plan
17 consistent with the court's findings.
18 If the goal has been achieved, the court shall enter
19 orders that are necessary to conform the minor's legal custody
20 and status to those findings.
21 If, after receiving evidence, the court determines that
22 the services contained in the plan are not reasonably
23 calculated to facilitate achievement of the permanency goal,
24 the court shall put in writing the factual basis supporting
25 the determination and enter specific findings based on the
26 evidence. The court also shall enter an order for the
HB4966 Enrolled - 94 - LRB104 20048 KTG 33499 b
1 Department to develop and implement a new service plan or to
2 implement changes to the current service plan consistent with
3 the court's findings. The new service plan shall be filed with
4 the court and served on all parties within 45 days of the date
5 of the order. The court shall continue the matter until the new
6 service plan is filed. Except as authorized by subsection
7 (2.5) of this Section and as otherwise specifically authorized
8 by law, the court is not empowered under this Section to order
9 specific placements, specific services, or specific service
10 providers to be included in the service plan.
11 A guardian or custodian appointed by the court pursuant to
12 this Act shall file updated case plans with the court every 6
13 months.
14 Rights of wards of the court under this Act are
15 enforceable against any public agency by complaints for relief
16 by mandamus filed in any proceedings brought under this Act.
17 (2.5) If, after reviewing the evidence, including evidence
18 from the Department, the court determines that the minor's
19 current or planned placement is not necessary or appropriate
20 to facilitate achievement of the permanency goal, the court
21 shall put in writing the factual basis supporting its
22 determination and enter specific findings based on the
23 evidence. If the court finds that the minor's current or
24 planned placement is not necessary or appropriate, the court
25 may enter an order directing the Department to implement a
26 recommendation by the minor's treating clinician or a
HB4966 Enrolled - 95 - LRB104 20048 KTG 33499 b
1 clinician contracted by the Department to evaluate the minor
2 or a recommendation made by the Department. If the Department
3 places a minor in a placement under an order entered under this
4 subsection (2.5), the Department has the authority to remove
5 the minor from that placement when a change in circumstances
6 necessitates the removal to protect the minor's health,
7 safety, and best interest. If the Department determines
8 removal is necessary, the Department shall notify the parties
9 of the planned placement change in writing no later than 10
10 days prior to the implementation of its determination unless
11 remaining in the placement poses an imminent risk of harm to
12 the minor, in which case the Department shall notify the
13 parties of the placement change in writing immediately
14 following the implementation of its decision. The Department
15 shall notify others of the decision to change the minor's
16 placement as required by Department rule.
17 (3) Following the permanency hearing, the court shall
18 enter a written order that includes the determinations
19 required under subsections (2) and (2.3) of this Section and
20 sets forth the following:
21 (a) The future status of the minor, including the
22 permanency goal, and any order necessary to conform the
23 minor's legal custody and status to such determination; or
24 (b) If the permanency goal of the minor cannot be
25 achieved immediately, the specific reasons for continuing
26 the minor in the care of the Department of Children and
HB4966 Enrolled - 96 - LRB104 20048 KTG 33499 b
1 Family Services or other agency for short-term placement,
2 and the following determinations:
3 (i) (Blank).
4 (ii) Whether the services required by the court
5 and by any service plan prepared within the prior 6
6 months have been provided and (A) if so, whether the
7 services were reasonably calculated to facilitate the
8 achievement of the permanency goal or (B) if not
9 provided, why the services were not provided.
10 (iii) Whether the minor's current or planned
11 placement is necessary, and appropriate to the plan
12 and goal, recognizing the right of minors to the least
13 restrictive (most family-like) setting available and
14 in close proximity to the parents' home consistent
15 with the health, safety, best interest, and special
16 needs of the minor and, if the minor is placed
17 out-of-state, whether the out-of-state placement
18 continues to be appropriate and consistent with the
19 health, safety, and best interest of the minor with
20 Department compliance with the obligations of Section
21 7.30 of the Children and Family Services Act.
22 (iv) (Blank).
23 (v) (Blank).
24 (4) The minor or any person interested in the minor may
25 apply to the court for a change in custody of the minor and the
26 appointment of a new custodian or guardian of the person or for
HB4966 Enrolled - 97 - LRB104 20048 KTG 33499 b
1 the restoration of the minor to the custody of the minor's
2 parents or former guardian or custodian.
3 When return home is not selected as the permanency goal:
4 (a) The Department, the minor, or the current foster
5 parent or relative caregiver seeking private guardianship
6 may file a motion for private guardianship of the minor.
7 Appointment of a guardian under this Section requires
8 approval of the court.
9 (b) The State's Attorney may file a motion to
10 terminate parental rights of any parent who has failed to
11 make reasonable efforts to correct the conditions which
12 led to the removal of the minor child or reasonable
13 progress toward the return of the minor child, as defined
14 in subdivision (D)(m) of Section 1 of the Adoption Act or
15 for whom any other unfitness ground for terminating
16 parental rights as defined in subdivision (D) of Section 1
17 of the Adoption Act exists.
18 When parental rights have been terminated for a
19 minimum of 3 years and the minor child who is the subject
20 of the permanency hearing is 13 years old or older and is
21 not currently placed in a placement likely to achieve
22 permanency, the Department of Children and Family Services
23 shall make reasonable efforts to locate parents whose
24 rights have been terminated, except when the Court
25 determines that those efforts would be futile or
26 inconsistent with the subject minor's child's best
HB4966 Enrolled - 98 - LRB104 20048 KTG 33499 b
1 interests. The Department of Children and Family Services
2 shall assess the appropriateness of the parent whose
3 rights have been terminated, and shall, as appropriate,
4 foster and support connections between the parent whose
5 rights have been terminated and the minor youth. The
6 Department of Children and Family Services shall document
7 its determinations and efforts to foster connections in
8 the minor's child's case plan.
9 Custody of the minor shall not be restored to any parent,
10 guardian, or legal custodian in any case in which the minor is
11 found to be neglected or abused under Section 2-3 or dependent
12 under Section 2-4 of this Act, unless the minor can be cared
13 for at home without endangering the minor's health or safety
14 and it is in the best interest of the minor, and if such
15 neglect, abuse, or dependency is found by the court under
16 paragraph (1) of Section 2-21 of this Act to have come about
17 due to the acts or omissions or both of such parent, guardian,
18 or legal custodian, until such time as an investigation is
19 made as provided in paragraph (5) and a hearing is held on the
20 issue of the health, safety, and best interest of the minor and
21 the fitness of such parent, guardian, or legal custodian to
22 care for the minor and the court enters an order that such
23 parent, guardian, or legal custodian is fit to care for the
24 minor. If a motion is filed to modify or vacate a private
25 guardianship order and return the minor child to a parent,
26 guardian, or legal custodian, the court may order the
HB4966 Enrolled - 99 - LRB104 20048 KTG 33499 b
1 Department of Children and Family Services to assess the
2 minor's current and proposed living arrangements and to
3 provide ongoing monitoring of the health, safety, and best
4 interest of the minor during the pendency of the motion to
5 assist the court in making that determination. In the event
6 that the minor has attained 18 years of age and the guardian or
7 custodian petitions the court for an order terminating the
8 minor's guardianship or custody, guardianship or custody shall
9 terminate automatically 30 days after the receipt of the
10 petition unless the court orders otherwise. No legal custodian
11 or guardian of the person may be removed without the legal
12 custodian's or guardian's consent until given notice and an
13 opportunity to be heard by the court.
14 When the court orders a minor child restored to the
15 custody of the parent or parents, the court shall order the
16 parent or parents to cooperate with the Department of Children
17 and Family Services and comply with the terms of an aftercare
18 after-care plan, or risk the loss of custody of the minor child
19 and possible termination of their parental rights. The court
20 may also enter an order of protective supervision in
21 accordance with Section 2-24.
22 If the minor is being restored to the custody of a parent,
23 legal custodian, or guardian who lives outside of Illinois,
24 and an Interstate Compact has been requested and refused, the
25 court may order the Department of Children and Family Services
26 to arrange for an assessment of the minor's proposed living
HB4966 Enrolled - 100 - LRB104 20048 KTG 33499 b
1 arrangement and for ongoing monitoring of the health, safety,
2 and best interest of the minor and compliance with any order of
3 protective supervision entered in accordance with Section
4 2-24.
5 (5) Whenever a parent, guardian, or legal custodian files
6 a motion for restoration of custody of the minor, and the minor
7 was adjudicated neglected, abused, or dependent as a result of
8 physical abuse, the court shall cause to be made an
9 investigation as to whether the movant has ever been charged
10 with or convicted of any criminal offense which would indicate
11 the likelihood of any further physical abuse to the minor.
12 Evidence of such criminal convictions shall be taken into
13 account in determining whether the minor can be cared for at
14 home without endangering the minor's health or safety and
15 fitness of the parent, guardian, or legal custodian.
16 (a) Any agency of this State or any subdivision
17 thereof shall cooperate with the agent of the court in
18 providing any information sought in the investigation.
19 (b) The information derived from the investigation and
20 any conclusions or recommendations derived from the
21 information shall be provided to the parent, guardian, or
22 legal custodian seeking restoration of custody prior to
23 the hearing on fitness and the movant shall have an
24 opportunity at the hearing to refute the information or
25 contest its significance.
26 (c) All information obtained from any investigation
HB4966 Enrolled - 101 - LRB104 20048 KTG 33499 b
1 shall be confidential as provided in Section 5-150 of this
2 Act.
3 (6) The changes made to this Section by this amendatory
4 Act of the 104th General Assembly apply on and after January 1,
5 2028.
6 (Source: P.A. 103-22, eff. 8-8-23; 103-154, eff. 6-30-23;
7 103-171, eff. 1-1-24; 103-605, eff. 7-1-24; 103-1061, eff.
8 2-5-25; 104-2, eff. 6-16-25; revised 8-20-25.)
9 (Text of Section after amendment by P.A. 104-107)
10 Sec. 2-28. Court review.
11 (1) The court may require any legal custodian or guardian
12 of the person appointed under this Act to report periodically
13 to the court or may cite the legal custodian or guardian into
14 court and require the legal custodian, guardian, or the legal
15 custodian's or guardian's agency to make a full and accurate
16 report of the doings of the legal custodian, guardian, or
17 agency on behalf of the minor. The custodian or guardian,
18 within 10 days after such citation, or earlier if the court
19 determines it to be necessary to protect the health, safety,
20 or welfare of the minor, shall make the report, either in
21 writing verified by affidavit or orally under oath in open
22 court, or otherwise as the court directs. Upon the hearing of
23 the report the court may remove the custodian or guardian and
24 appoint another in the custodian's or guardian's stead or
25 restore the minor to the custody of the minor's parents or
HB4966 Enrolled - 102 - LRB104 20048 KTG 33499 b
1 former guardian or custodian. However, custody of the minor
2 shall not be restored to any parent, guardian, or legal
3 custodian in any case in which the minor is found to be
4 neglected or abused under Section 2-3 or dependent under
5 Section 2-4 of this Act, unless the minor can be cared for at
6 home without endangering the minor's health or safety and it
7 is in the best interests of the minor, and if such neglect,
8 abuse, or dependency is found by the court under paragraph (1)
9 of Section 2-21 of this Act to have come about due to the acts
10 or omissions or both of such parent, guardian, or legal
11 custodian, until such time as an investigation is made as
12 provided in paragraph (5) and a hearing is held on the issue of
13 the fitness of such parent, guardian, or legal custodian to
14 care for the minor and the court enters an order that such
15 parent, guardian, or legal custodian is fit to care for the
16 minor.
17 (1.3)(A) As used in this subsection:
18 "Direct case management, care, or placement" means work or
19 services of individual workers or caregivers employed,
20 contracted, or licensed by the Department or its service
21 providers for child welfare services provided directly to
22 individual minors, including, but not limited to, case
23 management, clinical services, foster or relative caregiver
24 services, and other placement services.
25 "Service provider" has the meaning ascribed to that term
26 in subsection (b) of Section 7.29 of the Children and Family
HB4966 Enrolled - 103 - LRB104 20048 KTG 33499 b
1 Services Act.
2 (B) Upon motion by any party or sua sponte, the court shall
3 schedule a hearing to determine whether the minor has been
4 subjected to conduct by an individual employee, contractor,
5 licensee, or caregiver providing the minor's direct case
6 management, care, or placement that violates the minor's
7 rights under subparagraph (A) or (B) of paragraph (2) of
8 subsection (e) of Section 7.29 of the Children and Family
9 Services Act or paragraph (1) of subsection (f) of Section
10 7.29 of the Children and Family Services Act. The hearing
11 shall be conducted within 10 days of notice to the parties.
12 (C) The Department shall facilitate the minor's presence
13 for any proceedings regarding the alleged violation if the
14 minor wants to be present.
15 (D) If the minor does not have an attorney, the court shall
16 appoint one for the purposes of the hearing initiated under
17 this subsection.
18 (E) If, after reviewing evidence, including evidence from
19 the Department, the court determines that the minor has been
20 subjected to conduct by an individual employee, contractor,
21 licensee, or caregiver providing the minor's direct case
22 management, care, or placement that violates the minor's
23 rights under subparagraph (A) or (B) of paragraph (2) of
24 subsection (e) of Section 7.29 of the Children and Family
25 Services Act or paragraph (1) of subsection (f) of Section
26 7.29 of the Children and Family Services Act, the court shall
HB4966 Enrolled - 104 - LRB104 20048 KTG 33499 b
1 put in writing the factual basis supporting its findings,
2 including specific factual findings regarding the nature of
3 the violation and the involved employee, contractor, licensee,
4 or caregiver providing direct case management, care, or
5 placement. Consistent with its findings, the court shall:
6 (i) order the Department to monitor and ensure
7 reasonable conditions of conduct to be demonstrated by the
8 involved employee, contractor, licensee, or caregiver
9 providing the minor's direct case management, care, or
10 placement for a specified period of time and may require
11 the Department to make periodic reports to the court
12 containing such information as the court in its discretion
13 may prescribe;
14 (ii) require the Department to report to the court why
15 the Department's oversight may have failed to prevent
16 conduct that violated subparagraph (A) or (B) of paragraph
17 (2) of subsection (e) of Section 7.29 of the Children and
18 Family Services Act or paragraph (1) of subsection (f) of
19 Section 7.29 of the Children and Family Services Act;
20 (iii) require the Department to refer the allegation
21 of conduct in violation of subparagraph (A) or (B) of
22 paragraph (2) of subsection (e) of Section 7.29 of the
23 Children and Family Services Act or paragraph (1) of
24 subsection (f) of Section 7.29 of the Children and Family
25 Services Act to the Department's inspector general for
26 investigation under Section 35.5 of the Children and
HB4966 Enrolled - 105 - LRB104 20048 KTG 33499 b
1 Family Services Act, if the Department has not done so
2 already; and
3 (iv) if the court determines that the Department
4 violated its obligations under paragraph (1) of subsection
5 (f) of Section 7.29 of the Children and Family Services
6 Act, make a finding that the minor's placement is not
7 necessary or appropriate for the minor and require the
8 Department to take immediate action to remedy the
9 violation in accordance with this subsection.
10 (F) In addition to the required actions under paragraph
11 (E), within the scope of the existing expressly permitted
12 relief under the Juvenile Court Act of 1987, the court may
13 enter any and all reasonable orders to remediate harm and
14 prevent future harm to the minor, including, but not limited
15 to:
16 (i) requiring the provision of specific services to
17 address the harm caused to the minor;
18 (ii) requiring the Department to amend the minor's
19 service plan consistent with the court's findings under
20 this subsection;
21 (iii) making a finding that the minor's placement is
22 not necessary or appropriate for the minor;
23 (iv) requiring the Department to locate an appropriate
24 placement, as determined by the Department, for the minor
25 within a specified timeframe;
26 (v) requiring the Department to submit a plan to
HB4966 Enrolled - 106 - LRB104 20048 KTG 33499 b
1 remedy the harm that resulted from the violation;
2 (vi) requiring the Department to investigate the
3 conduct of the individual employee, contractor, licensee,
4 or caregiver providing the direct case management, care,
5 or placement responsible or contributing to the conditions
6 that resulted in the violation; and
7 (vii) requiring the Department to implement a
8 recommendation by the minor's treating clinician, a
9 clinician contracted by the Department to evaluate the
10 minor, a recommendation made by the Department, or a
11 reasonable and relevant request for specific support made
12 by the minor.
13 (G) If the Department places a minor in a placement under
14 an order entered under this subsection, the Department has the
15 authority to remove the minor from that placement when a
16 change in circumstances necessitates the removal to protect
17 the minor's health, safety, and best interest. If the
18 Department determines removal is necessary, the Department
19 shall notify the parties of the planned placement change in
20 writing no later than 10 days prior to the implementation of
21 its determination unless remaining in the placement poses an
22 imminent risk of harm to the minor, in which case the
23 Department shall notify the parties of the placement change in
24 writing immediately following the implementation of its
25 decision. The Department shall notify others of the decision
26 to change the minor's placement as required by Department
HB4966 Enrolled - 107 - LRB104 20048 KTG 33499 b
1 rule.
2 (H) Any order entered under this subsection shall be
3 directly related to remedying harm to a minor or preventing
4 future harm to a minor caused by the conduct of the individual
5 employee, contractor, licensee, or caregiver providing direct
6 case management, care, or placement involved in the violation
7 of the minor's rights under subparagraph (A) or (B) of
8 paragraph (2) of subsection (e) of Section 7.29 of the
9 Children and Family Services Act or paragraph (1) of
10 subsection (f) of Section 7.29 of the Children and Family
11 Services Act. Nothing in this subsection diminishes a minor's
12 right to seek any other remedy and relief available to the
13 minor at law or equity.
14 (1.5) The public agency that is the custodian or guardian
15 of the minor shall file a written report with the court no
16 later than 15 days after a minor in the agency's care remains:
17 (1) in a shelter placement beyond 30 days;
18 (2) in a psychiatric hospital past the time when the
19 minor is clinically ready for discharge or beyond medical
20 necessity for the minor's health; or
21 (3) in a detention center or Department of Juvenile
22 Justice facility solely because the public agency cannot
23 find an appropriate placement for the minor.
24 The report shall explain the steps the agency is taking to
25 ensure the minor is placed appropriately, how the minor's
26 needs are being met in the minor's shelter placement, and if a
HB4966 Enrolled - 108 - LRB104 20048 KTG 33499 b
1 future placement has been identified by the Department, why
2 the anticipated placement is appropriate for the needs of the
3 minor and the anticipated placement date.
4 (1.6) Within 30 days after placing a minor child in its
5 care in a qualified residential treatment program, as defined
6 by the federal Social Security Act, the Department of Children
7 and Family Services shall prepare a written report for filing
8 with the court and send copies of the report to all parties.
9 Within 20 days of the filing of the report, or as soon
10 thereafter as the court's schedule allows but not more than 60
11 days from the date of placement, the court shall hold a hearing
12 to consider the Department's report and determine whether
13 placement of the minor child in a qualified residential
14 treatment program provides the most effective and appropriate
15 level of care for the minor child in the least restrictive
16 environment and if the placement is consistent with the
17 short-term and long-term goals for the minor child, as
18 specified in the permanency plan for the minor child. The
19 court shall approve or disapprove the placement. If
20 applicable, the requirements of Sections 2-27.1 and 2-27.2 of
21 this Act and Sections 7.30 and 7.31 of the Children and Family
22 Services Act must also be met. The Department's written report
23 and the court's written determination shall be included in and
24 made part of the case plan for the minor child. If the minor
25 child remains placed in a qualified residential treatment
26 program, the Department shall submit evidence at each status
HB4966 Enrolled - 109 - LRB104 20048 KTG 33499 b
1 and permanency hearing:
2 (A) demonstrating that ongoing on-going assessment of
3 the strengths and needs of the minor child continues to
4 support the determination that the minor's child's needs
5 cannot be met through placement in a foster family home,
6 that the placement provides the most effective and
7 appropriate level of care for the minor child in the least
8 restrictive, appropriate environment, and that the
9 placement is consistent with the short-term and long-term
10 permanency goal for the minor child, as specified in the
11 permanency plan for the minor child;
12 (B) documenting the specific treatment or service
13 needs that should be met for the minor child in the
14 placement and the length of time the minor child is
15 expected to need the treatment or services;
16 (C) detailing the efforts made by the agency to
17 prepare the minor child to return home or to be placed with
18 a fit and willing relative, a legal guardian, or an
19 adoptive parent, or in a foster family home;
20 (D) beginning July 1, 2025, documenting the
21 Department's efforts regarding ongoing family finding and
22 relative engagement required under Section 2-27.3; and
23 (E) detailing efforts to ensure the minor is engaged
24 in age and developmentally appropriate activities to
25 develop life skills, which may include extracurricular
26 activities, coaching by caregivers, or instruction in
HB4966 Enrolled - 110 - LRB104 20048 KTG 33499 b
1 individual or group settings. For minors who have
2 participated in life skills assessments, the results of
3 such assessments and how the minor's identified needs are
4 being addressed; and.
5 (F) if applicable, consistent with Department policy
6 regarding documentation of sensitive identity information,
7 as defined in Section 4d of the Children and Family
8 Services Act, the efforts made by the Department to
9 monitor and mitigate the risk of adverse action, as
10 defined in subsection (b) of Section 7.30 of the Children
11 and Family Services Act, relevant to the minor's
12 circumstances in an out-of-state placement.
13 (2) The first permanency hearing shall be conducted by the
14 judge. Subsequent permanency hearings may be heard by a judge
15 or by hearing officers appointed or approved by the court in
16 the manner set forth in Section 2-28.1 of this Act. The initial
17 hearing shall be held (a) within 12 months from the date
18 temporary custody was taken, regardless of whether an
19 adjudication or dispositional hearing has been completed
20 within that time frame, (b) if the parental rights of both
21 parents have been terminated in accordance with the procedure
22 described in subsection (5) of Section 2-21, within 30 days of
23 the order for termination of parental rights and appointment
24 of a guardian with power to consent to adoption, or (c) in
25 accordance with subsection (2) of Section 2-13.1. Subsequent
26 permanency hearings shall be held every 6 months or more
HB4966 Enrolled - 111 - LRB104 20048 KTG 33499 b
1 frequently if necessary in the court's determination following
2 the initial permanency hearing, in accordance with the
3 standards set forth in this Section, until the court
4 determines that the plan and goal have been achieved. Once the
5 plan and goal have been achieved, if the minor remains in
6 substitute care, the case shall be reviewed at least every 6
7 months thereafter, subject to the provisions of this Section,
8 unless the minor is placed in the guardianship of a suitable
9 relative or other person and the court determines that further
10 monitoring by the court does not further the health, safety,
11 or best interest of the minor child and that this is a stable
12 permanent placement. The permanency hearings must occur within
13 the time frames set forth in this subsection and may not be
14 delayed in anticipation of a report from any source or due to
15 the agency's failure to timely file its written report (this
16 written report means the one required under the next paragraph
17 and does not mean the service plan also referred to in that
18 paragraph).
19 The public agency that is the custodian or guardian of the
20 minor, or another agency responsible for the minor's care,
21 shall ensure that all parties to the permanency hearings are
22 provided a copy of the most recent service plan prepared
23 within the prior 6 months at least 14 days in advance of the
24 hearing. If not contained in the agency's service plan, the
25 agency shall also include a report setting forth the
26 following:
HB4966 Enrolled - 112 - LRB104 20048 KTG 33499 b
1 (A) any special physical, psychological, educational,
2 medical, emotional, or other needs of the minor or the
3 minor's family that are relevant to a permanency or
4 placement determination, and for any minor age 16 or over,
5 a written description of the programs and services that
6 will enable the minor to prepare for independent living;
7 (B) beginning July 1, 2025, a written description of
8 ongoing family finding and relative engagement efforts in
9 accordance with the requirements under Section 2-27.3 the
10 agency has undertaken since the most recent report to the
11 court to plan for the emotional and legal permanency of
12 the minor;
13 (C) whether a minor is placed in a licensed child care
14 facility under a corrective plan by the Department due to
15 concerns impacting the minor's safety and well-being. The
16 report shall explain the steps the Department is taking to
17 ensure the safety and well-being of the minor and that the
18 minor's needs are met in the facility;
19 (C-1) if the minor, age 8 or older, is placed outside
20 the State of Illinois, an explanation of risk of adverse
21 action, an explanation of the adverse action and the
22 efforts made by the Department to meet its obligations
23 under Section 7.30 of the Children and Family Services
24 Act, stated in a manner consistent with Department policy
25 regarding documentation of sensitive identity information
26 as that term is defined in the Children and Family
HB4966 Enrolled - 113 - LRB104 20048 KTG 33499 b
1 Services Act;
2 (C-2) an explanation of the minor's preferences
3 regarding placement; and
4 (D) detail regarding what progress or lack of progress
5 the parent has made in correcting the conditions requiring
6 the minor child to be in care; whether the minor child can
7 be returned home without jeopardizing the minor's child's
8 health, safety, and welfare, what permanency goal is
9 recommended to be in the best interests of the minor
10 child, and the reasons for the recommendation. If a
11 permanency goal under paragraph (A), (B), or (B-1) of
12 subsection (2.3) have been deemed inappropriate and not in
13 the minor's best interest, the report must include the
14 following information:
15 (i) confirmation that the caseworker has discussed
16 the permanency options and subsidies available for
17 guardianship and adoption with the minor's caregivers,
18 the minor's parents, as appropriate, and has discussed
19 the available permanency options with the minor in an
20 age-appropriate manner;
21 (ii) confirmation that the caseworker has
22 discussed with the minor's caregivers, the minor's
23 parents, as appropriate, and the minor as
24 age-appropriate, the distinctions between guardianship
25 and adoption, including, but not limited to, that
26 guardianship does not require termination of the
HB4966 Enrolled - 114 - LRB104 20048 KTG 33499 b
1 parent's rights or the consent of the parent;
2 (iii) a description of the stated preferences and
3 concerns, if any, the minor, the parent as
4 appropriate, and the caregiver expressed relating to
5 the options of guardianship and adoption, and the
6 reasons for the preferences;
7 (iv) if the minor is not currently in a placement
8 that will provide permanency, identification of all
9 persons presently willing and able to provide
10 permanency to the minor through either guardianship or
11 adoption, and beginning July 1, 2025, if none are
12 available, a description of the efforts made in
13 accordance with Section 2-27.3; and
14 (v) state the recommended permanency goal, why
15 that goal is recommended, and why the other potential
16 goals were not recommended.
17 The caseworker must appear and testify at the permanency
18 hearing. If a permanency hearing has not previously been
19 scheduled by the court, the moving party shall move for the
20 setting of a permanency hearing and the entry of an order
21 within the time frames set forth in this subsection.
22 (2.3) At the permanency hearing, the court shall determine
23 the permanency goal of the minor child. The court shall set one
24 of the following permanency goals:
25 (A) The minor will be returned home by a specific date
26 within 5 months.
HB4966 Enrolled - 115 - LRB104 20048 KTG 33499 b
1 (B) The minor will be in short-term care with a
2 continued goal to return home within a period not to
3 exceed one year, where the progress of the parent or
4 parents is substantial giving particular consideration to
5 the age and individual needs of the minor.
6 (B-1) The minor will be in short-term care with a
7 continued goal to return home pending a status hearing.
8 When the court finds that a parent has not made reasonable
9 efforts or reasonable progress to date, the court shall
10 identify what actions the parent and the Department must
11 take in order to justify a finding of reasonable efforts
12 or reasonable progress and shall set a status hearing to
13 be held not earlier than 9 months from the date of
14 adjudication nor later than 11 months from the date of
15 adjudication during which the parent's progress will again
16 be reviewed.
17 If the court has determined that goals (A), (B), and
18 (B-1) are not appropriate and not in the minor's best
19 interest, the court may select one of the following goals:
20 (C), (D), (E), (F), (G), or (H) for the minor as
21 appropriate and based on the best interests of the minor.
22 The court shall determine the appropriate goal for the
23 minor based on best interest factors and any
24 considerations outlined in that goal.
25 (C) The guardianship of the minor shall be transferred
26 to an individual or couple on a permanent basis. Prior to
HB4966 Enrolled - 116 - LRB104 20048 KTG 33499 b
1 changing the goal to guardianship, the court shall
2 consider the following:
3 (i) whether the agency has discussed adoption and
4 guardianship with the caregiver and what preference,
5 if any, the caregiver has as to the permanency goal;
6 (ii) whether the agency has discussed adoption and
7 guardianship with the minor, as age-appropriate, and
8 what preference, if any, the minor has as to the
9 permanency goal;
10 (iii) whether the minor is of sufficient age to
11 remember the minor's parents and if the minor child
12 values this familial identity;
13 (iv) whether the minor is placed with a relative,
14 and beginning July 1, 2025, whether the minor is
15 placed in a relative home as defined in Section 4d of
16 the Children and Family Services Act or in a certified
17 relative caregiver home as defined in Section 2.36 of
18 the Child Care Act of 1969; and
19 (v) whether the parent or parents have been
20 informed about guardianship and adoption, and, if
21 appropriate, what preferences, if any, the parent or
22 parents have as to the permanency goal.
23 (D) The minor will be in substitute care pending court
24 determination on termination of parental rights. Prior to
25 changing the goal to substitute care pending court
26 determination on termination of parental rights, the court
HB4966 Enrolled - 117 - LRB104 20048 KTG 33499 b
1 shall consider the following:
2 (i) whether the agency has discussed adoption and
3 guardianship with the caregiver and what preference,
4 if any, the caregiver has as to the permanency goal;
5 (ii) whether the agency has discussed adoption and
6 guardianship with the minor, as age-appropriate, and
7 what preference, if any, the minor has as to the
8 permanency goal;
9 (iii) whether the minor is of sufficient age to
10 remember the minor's parents and if the minor child
11 values this familial identity;
12 (iv) whether the minor is placed with a relative,
13 and beginning July 1, 2025, whether the minor is
14 placed in a relative home as defined in Section 4d of
15 the Children and Family Services Act, in a certified
16 relative caregiver home as defined in Section 2.36 of
17 the Child Care Act of 1969;
18 (v) whether the minor is already placed in a
19 pre-adoptive home, and if not, whether such a home has
20 been identified; and
21 (vi) whether the parent or parents have been
22 informed about guardianship and adoption, and, if
23 appropriate, what preferences, if any, the parent or
24 parents have as to the permanency goal.
25 (E) Adoption, provided that parental rights have been
26 terminated or relinquished.
HB4966 Enrolled - 118 - LRB104 20048 KTG 33499 b
1 (F) Provided that permanency goals (A) through (E)
2 have been deemed inappropriate and not in the minor's best
3 interests, the minor over age 15 will be in substitute
4 care pending independence. In selecting this permanency
5 goal, the Department of Children and Family Services may
6 provide services to enable reunification and to strengthen
7 the minor's connections with family, fictive kin, and
8 other responsible adults, provided the services are in the
9 minor's best interest. The services shall be documented in
10 the service plan.
11 (G) The minor will be in substitute care because the
12 minor cannot be provided for in a home environment due to
13 developmental disabilities or mental illness or because
14 the minor is a danger to self or others, provided that
15 goals (A) through (E) have been deemed inappropriate and
16 not in the minor's child's best interests.
17 In selecting any permanency goal, the court shall
18 indicate in writing the reasons the goal was selected and
19 why the preceding goals were deemed inappropriate and not
20 in the minor's child's best interest. Where the court has
21 selected a permanency goal other than (A), (B), or (B-1),
22 the Department of Children and Family Services shall not
23 provide further reunification services, except as provided
24 in paragraph (F) of this subsection (2.3), but shall
25 provide services consistent with the goal selected.
26 (H) Notwithstanding any other provision in this
HB4966 Enrolled - 119 - LRB104 20048 KTG 33499 b
1 Section, the court may select the goal of continuing
2 foster care as a permanency goal if:
3 (1) The Department of Children and Family Services
4 has custody and guardianship of the minor;
5 (2) The court has deemed all other permanency
6 goals inappropriate based on the minor's child's best
7 interest;
8 (3) The court has found compelling reasons, based
9 on written documentation reviewed by the court, to
10 place the minor in continuing foster care. Compelling
11 reasons include:
12 (a) the minor child does not wish to be
13 adopted or to be placed in the guardianship of the
14 minor's relative, certified relative caregiver, or
15 foster care placement;
16 (b) the minor child exhibits an extreme level
17 of need such that the removal of the minor child
18 from the minor's placement would be detrimental to
19 the minor child; or
20 (c) the minor child who is the subject of the
21 permanency hearing has existing close and strong
22 bonds with a sibling, and achievement of another
23 permanency goal would substantially interfere with
24 the subject minor's child's sibling relationship,
25 taking into consideration the nature and extent of
26 the relationship, and whether ongoing contact is
HB4966 Enrolled - 120 - LRB104 20048 KTG 33499 b
1 in the subject minor's child's best interest,
2 including long-term emotional interest, as
3 compared with the legal and emotional benefit of
4 permanence;
5 (4) The minor child has lived with the relative,
6 certified relative caregiver, or foster parent for at
7 least one year; and
8 (5) The relative, certified relative caregiver, or
9 foster parent currently caring for the minor child is
10 willing and capable of providing the minor child with
11 a stable and permanent environment.
12 (2.4) The court shall set a permanency goal that is in the
13 best interest of the minor child. In determining that goal,
14 the court shall consult with the minor in an age-appropriate
15 manner regarding the proposed permanency or transition plan
16 for the minor. The court's determination shall include the
17 following factors:
18 (A) Age of the minor child.
19 (B) Options available for permanence, including both
20 out-of-state and in-state placement options.
21 (C) Current placement of the minor child and the
22 intent of the family regarding subsidized guardianship and
23 adoption.
24 (D) Emotional, physical, and mental status or
25 condition of the minor child.
26 (E) Types of services previously offered and whether
HB4966 Enrolled - 121 - LRB104 20048 KTG 33499 b
1 or not the services were successful and, if not
2 successful, the reasons the services failed.
3 (F) Availability of services currently needed and
4 whether the services exist.
5 (G) Status of siblings of the minor.
6 (H) If the minor is not currently in a placement
7 likely to achieve permanency, whether there is an
8 identified and willing potential permanent caregiver for
9 the minor, and if so, that potential permanent caregiver's
10 intent regarding guardianship and adoption.
11 The court shall consider (i) the permanency goal contained
12 in the service plan, (ii) the appropriateness of the services
13 contained in the plan and whether those services have been
14 provided, (iii) whether reasonable efforts have been made by
15 all the parties to the service plan to achieve the goal, and
16 (iv) whether the plan and goal have been achieved. All
17 evidence relevant to determining these questions, including
18 oral and written reports, may be admitted and may be relied on
19 to the extent of their probative value.
20 The court shall make findings as to whether, in violation
21 of Section 8.2 of the Abused and Neglected Child Reporting
22 Act, any portion of the service plan compels a minor child or
23 parent to engage in any activity or refrain from any activity
24 that is not reasonably related to remedying a condition or
25 conditions that gave rise or which could give rise to any
26 finding of child abuse or neglect. The services contained in
HB4966 Enrolled - 122 - LRB104 20048 KTG 33499 b
1 the service plan shall include services reasonably related to
2 remedy the conditions that gave rise to removal of the minor
3 child from the home of the minor's child's parents, guardian,
4 or legal custodian or that the court has found must be remedied
5 prior to returning the minor child home. Any tasks the court
6 requires of the parents, guardian, or legal custodian or minor
7 child prior to returning the minor child home must be
8 reasonably related to remedying a condition or conditions that
9 gave rise to or which could give rise to any finding of child
10 abuse or neglect.
11 If the permanency goal is to return home, the court shall
12 make findings that identify any problems that are causing
13 continued placement of the minors children away from the home
14 and identify what outcomes would be considered a resolution to
15 these problems. The court shall explain to the parents that
16 these findings are based on the information that the court has
17 at that time and may be revised, should additional evidence be
18 presented to the court.
19 The court shall review the Sibling Contact Support Plan
20 developed or modified under subsection (f) of Section 7.4 of
21 the Children and Family Services Act, if applicable. If the
22 Department has not convened a meeting to develop or modify a
23 Sibling Contact Support Plan, or if the court finds that the
24 existing Plan is not in the minor's child's best interest, the
25 court may enter an order requiring the Department to develop,
26 modify, or implement a Sibling Contact Support Plan, or order
HB4966 Enrolled - 123 - LRB104 20048 KTG 33499 b
1 mediation.
2 The court shall review the Department's efforts to provide
3 the minor with age and developmentally appropriate life
4 skills. If the court finds the Department's efforts are not in
5 the minor's best interest, the court may enter an order
6 requiring the Department to develop, modify, or implement the
7 service plan to develop the minor's life skills in an age and
8 developmentally appropriate manner.
9 The Beginning July 1, 2025, the court shall review the
10 Ongoing Family Finding and Relative Engagement Plan required
11 under Section 2-27.3. If the court finds that the plan is not
12 in the minor's best interest, the court shall enter specific
13 factual findings and order the Department to modify the plan
14 consistent with the court's findings.
15 If the goal has been achieved, the court shall enter
16 orders that are necessary to conform the minor's legal custody
17 and status to those findings.
18 If, after receiving evidence, the court determines that
19 the services contained in the plan are not reasonably
20 calculated to facilitate achievement of the permanency goal,
21 the court shall put in writing the factual basis supporting
22 the determination and enter specific findings based on the
23 evidence. The court also shall enter an order for the
24 Department to develop and implement a new service plan or to
25 implement changes to the current service plan consistent with
26 the court's findings. The new service plan shall be filed with
HB4966 Enrolled - 124 - LRB104 20048 KTG 33499 b
1 the court and served on all parties within 45 days of the date
2 of the order. The court shall continue the matter until the new
3 service plan is filed. Except as authorized by subsection
4 (2.5) of this Section and as otherwise specifically authorized
5 by law, the court is not empowered under this Section to order
6 specific placements, specific services, or specific service
7 providers to be included in the service plan.
8 A guardian or custodian appointed by the court pursuant to
9 this Act shall file updated case plans with the court every 6
10 months.
11 Rights of wards of the court under this Act are
12 enforceable against any public agency by complaints for relief
13 by mandamus filed in any proceedings brought under this Act.
14 (2.5) If, after reviewing the evidence, including evidence
15 from the Department, the court determines that the minor's
16 current or planned placement is not necessary or appropriate
17 to facilitate achievement of the permanency goal, the court
18 shall put in writing the factual basis supporting its
19 determination and enter specific findings based on the
20 evidence. If the court finds that the minor's current or
21 planned placement is not necessary or appropriate, the court
22 may enter an order directing the Department to implement a
23 recommendation by the minor's treating clinician or a
24 clinician contracted by the Department to evaluate the minor
25 or a recommendation made by the Department. If the Department
26 places a minor in a placement under an order entered under this
HB4966 Enrolled - 125 - LRB104 20048 KTG 33499 b
1 subsection (2.5), the Department has the authority to remove
2 the minor from that placement when a change in circumstances
3 necessitates the removal to protect the minor's health,
4 safety, and best interest. If the Department determines
5 removal is necessary, the Department shall notify the parties
6 of the planned placement change in writing no later than 10
7 days prior to the implementation of its determination unless
8 remaining in the placement poses an imminent risk of harm to
9 the minor, in which case the Department shall notify the
10 parties of the placement change in writing immediately
11 following the implementation of its decision. The Department
12 shall notify others of the decision to change the minor's
13 placement as required by Department rule.
14 (3) Following the permanency hearing, the court shall
15 enter a written order that includes the determinations
16 required under subsections (2) and (2.3) of this Section and
17 sets forth the following:
18 (a) The future status of the minor, including the
19 permanency goal, and any order necessary to conform the
20 minor's legal custody and status to such determination; or
21 (b) If the permanency goal of the minor cannot be
22 achieved immediately, the specific reasons for continuing
23 the minor in the care of the Department of Children and
24 Family Services or other agency for short-term placement,
25 and the following determinations:
26 (i) (Blank).
HB4966 Enrolled - 126 - LRB104 20048 KTG 33499 b
1 (ii) Whether the services required by the court
2 and by any service plan prepared within the prior 6
3 months have been provided and (A) if so, whether the
4 services were reasonably calculated to facilitate the
5 achievement of the permanency goal or (B) if not
6 provided, why the services were not provided.
7 (iii) Whether the minor's current or planned
8 placement is necessary, and appropriate to the plan
9 and goal, recognizing the right of minors to the least
10 restrictive (most family-like) setting available and
11 in close proximity to the parents' home consistent
12 with the health, safety, best interest, and special
13 needs of the minor and, if the minor is placed
14 out-of-state, whether the out-of-state placement
15 continues to be appropriate and consistent with the
16 health, safety, and best interest of the minor with
17 Department compliance with the obligations of Section
18 7.30 of the Children and Family Services Act, if such
19 circumstances are applicable.
20 (iv) (Blank).
21 (v) (Blank).
22 If the court sets a permanency goal of independence or if
23 the minor is 17 years of age or older, the court shall schedule
24 a Successful Transition to Adulthood Review hearing in
25 accordance with Section 2-28.2.
26 (4) The minor or any person interested in the minor may
HB4966 Enrolled - 127 - LRB104 20048 KTG 33499 b
1 apply to the court for a change in custody of the minor and the
2 appointment of a new custodian or guardian of the person or for
3 the restoration of the minor to the custody of the minor's
4 parents or former guardian or custodian.
5 When return home is not selected as the permanency goal:
6 (a) The Department, the minor, or the current foster
7 parent or relative caregiver seeking private guardianship
8 may file a motion for private guardianship of the minor.
9 Appointment of a guardian under this Section requires
10 approval of the court.
11 (b) The State's Attorney may file a motion to
12 terminate parental rights of any parent who has failed to
13 make reasonable efforts to correct the conditions which
14 led to the removal of the minor child or reasonable
15 progress toward the return of the minor child, as defined
16 in subdivision (D)(m) of Section 1 of the Adoption Act or
17 for whom any other unfitness ground for terminating
18 parental rights as defined in subdivision (D) of Section 1
19 of the Adoption Act exists.
20 When parental rights have been terminated for a
21 minimum of 3 years and the minor child who is the subject
22 of the permanency hearing is 13 years old or older and is
23 not currently placed in a placement likely to achieve
24 permanency, the Department of Children and Family Services
25 shall make reasonable efforts to locate parents whose
26 rights have been terminated, except when the Court
HB4966 Enrolled - 128 - LRB104 20048 KTG 33499 b
1 determines that those efforts would be futile or
2 inconsistent with the subject minor's child's best
3 interests. The Department of Children and Family Services
4 shall assess the appropriateness of the parent whose
5 rights have been terminated, and shall, as appropriate,
6 foster and support connections between the parent whose
7 rights have been terminated and the youth. The Department
8 of Children and Family Services shall document its
9 determinations and efforts to foster connections in the
10 minor's child's case plan.
11 Custody of the minor shall not be restored to any parent,
12 guardian, or legal custodian in any case in which the minor is
13 found to be neglected or abused under Section 2-3 or dependent
14 under Section 2-4 of this Act, unless the minor can be cared
15 for at home without endangering the minor's health or safety
16 and it is in the best interest of the minor, and if such
17 neglect, abuse, or dependency is found by the court under
18 paragraph (1) of Section 2-21 of this Act to have come about
19 due to the acts or omissions or both of such parent, guardian,
20 or legal custodian, until such time as an investigation is
21 made as provided in paragraph (5) and a hearing is held on the
22 issue of the health, safety, and best interest of the minor and
23 the fitness of such parent, guardian, or legal custodian to
24 care for the minor and the court enters an order that such
25 parent, guardian, or legal custodian is fit to care for the
26 minor. If a motion is filed to modify or vacate a private
HB4966 Enrolled - 129 - LRB104 20048 KTG 33499 b
1 guardianship order and return the minor child to a parent,
2 guardian, or legal custodian, the court may order the
3 Department of Children and Family Services to assess the
4 minor's current and proposed living arrangements and to
5 provide ongoing monitoring of the health, safety, and best
6 interest of the minor during the pendency of the motion to
7 assist the court in making that determination. In the event
8 that the minor has attained 18 years of age and the guardian or
9 custodian petitions the court for an order terminating the
10 minor's guardianship or custody, guardianship or custody shall
11 terminate automatically 30 days after the receipt of the
12 petition unless the court orders otherwise. No legal custodian
13 or guardian of the person may be removed without the legal
14 custodian's or guardian's consent until given notice and an
15 opportunity to be heard by the court.
16 When the court orders a minor child restored to the
17 custody of the parent or parents, the court shall order the
18 parent or parents to cooperate with the Department of Children
19 and Family Services and comply with the terms of an aftercare
20 after-care plan, or risk the loss of custody of the minor child
21 and possible termination of their parental rights. The court
22 may also enter an order of protective supervision in
23 accordance with Section 2-24.
24 If the minor is being restored to the custody of a parent,
25 legal custodian, or guardian who lives outside of Illinois,
26 and an Interstate Compact has been requested and refused, the
HB4966 Enrolled - 130 - LRB104 20048 KTG 33499 b
1 court may order the Department of Children and Family Services
2 to arrange for an assessment of the minor's proposed living
3 arrangement and for ongoing monitoring of the health, safety,
4 and best interest of the minor and compliance with any order of
5 protective supervision entered in accordance with Section
6 2-24.
7 (5) Whenever a parent, guardian, or legal custodian files
8 a motion for restoration of custody of the minor, and the minor
9 was adjudicated neglected, abused, or dependent as a result of
10 physical abuse, the court shall cause to be made an
11 investigation as to whether the movant has ever been charged
12 with or convicted of any criminal offense which would indicate
13 the likelihood of any further physical abuse to the minor.
14 Evidence of such criminal convictions shall be taken into
15 account in determining whether the minor can be cared for at
16 home without endangering the minor's health or safety and
17 fitness of the parent, guardian, or legal custodian.
18 (a) Any agency of this State or any subdivision
19 thereof shall cooperate with the agent of the court in
20 providing any information sought in the investigation.
21 (b) The information derived from the investigation and
22 any conclusions or recommendations derived from the
23 information shall be provided to the parent, guardian, or
24 legal custodian seeking restoration of custody prior to
25 the hearing on fitness and the movant shall have an
26 opportunity at the hearing to refute the information or
HB4966 Enrolled - 131 - LRB104 20048 KTG 33499 b
1 contest its significance.
2 (c) All information obtained from any investigation
3 shall be confidential as provided in Section 5-150 of this
4 Act.
5 (6) The changes made to this Section by this amendatory
6 Act of the 104th General Assembly apply on and after January 1,
7 2028.
8 (Source: P.A. 103-22, eff. 8-8-23; 103-154, eff. 6-30-23;
9 103-171, eff. 1-1-24; 103-605, eff. 7-1-24; 103-1061, eff.
10 2-5-25; 104-2, eff. 6-16-25; 104-107, eff. 7-1-26; revised
11 8-20-25.)
12 (705 ILCS 405/5-745)
13 (Text of Section before amendment by P.A. 104-107)
14 Sec. 5-745. Court review.
15 (1) The court may require any legal custodian or guardian
16 of the person appointed under this Act, including the
17 Department of Juvenile Justice for youth committed under
18 Section 5-750 of this Act, to report periodically to the court
19 or may cite the legal custodian or guardian into court and
20 require the legal custodian or guardian, or the legal
21 custodian's or guardian's agency, to make a full and accurate
22 report of the doings of the legal custodian, guardian, or
23 agency on behalf of the minor, including efforts to secure
24 post-release placement of the youth after release from the
25 Department's facilities. The legal custodian or guardian,
HB4966 Enrolled - 132 - LRB104 20048 KTG 33499 b
1 within 10 days after the citation, shall make the report,
2 either in writing verified by affidavit or orally under oath
3 in open court, or otherwise as the court directs. Upon the
4 hearing of the report, the court may remove the legal
5 custodian or guardian and appoint another in the legal
6 custodian's or guardian's stead or restore the minor to the
7 custody of the minor's parents or former guardian or legal
8 custodian.
9 (2) If the Department of Children and Family Services is
10 appointed legal custodian or guardian of a minor under Section
11 5-740 of this Act, the Department of Children and Family
12 Services shall file updated case plans with the court every 6
13 months. Every agency which has guardianship of a child shall
14 file a supplemental petition for court review, or review by an
15 administrative body appointed or approved by the court and
16 further order within 18 months of the sentencing order and
17 each 18 months thereafter. The petition shall state facts
18 relative to the child's present condition of physical, mental,
19 and emotional health as well as facts relative to the minor's
20 present custodial or foster care. The petition shall be set
21 for hearing and the clerk shall mail 10 days' days notice of
22 the hearing by certified mail, return receipt requested, to
23 the person or agency having the physical custody of the child,
24 the minor and other interested parties unless a written waiver
25 of notice is filed with the petition.
26 If the minor is in the custody of the Illinois Department
HB4966 Enrolled - 133 - LRB104 20048 KTG 33499 b
1 of Children and Family Services, pursuant to an order entered
2 under this Article, the court shall conduct permanency
3 hearings as set out in subsections (1), (1.3), (1.5), (1.6),
4 (2), (2.3), (2.4), (2.5), and (3) of Section 2-28 of Article II
5 of this Act.
6 Rights of wards of the court under this Act are
7 enforceable against any public agency by complaints for relief
8 by mandamus filed in any proceedings brought under this Act.
9 (3) The minor or any person interested in the minor may
10 apply to the court for a change in custody of the minor and the
11 appointment of a new custodian or guardian of the person or for
12 the restoration of the minor to the custody of the minor's
13 parents or former guardian or custodian. In the event that the
14 minor has attained 18 years of age and the guardian or
15 custodian petitions the court for an order terminating the
16 minor's guardianship or custody, guardianship or legal custody
17 shall terminate automatically 30 days after the receipt of the
18 petition unless the court orders otherwise. No legal custodian
19 or guardian of the person may be removed without the legal
20 custodian's or guardian's consent until given notice and an
21 opportunity to be heard by the court.
22 (4) If the minor is committed to the Department of
23 Juvenile Justice under Section 5-750 of this Act, the
24 Department shall notify the court in writing of the occurrence
25 of any of the following:
26 (a) a critical incident involving a youth committed to
HB4966 Enrolled - 134 - LRB104 20048 KTG 33499 b
1 the Department; as used in this paragraph (a), "critical
2 incident" means any incident that involves a serious risk
3 to the life, health, or well-being of the youth and
4 includes, but is not limited to, an accident or suicide
5 attempt resulting in serious bodily harm or
6 hospitalization, psychiatric hospitalization, alleged or
7 suspected abuse, or escape or attempted escape from
8 custody, filed within 10 days of the occurrence;
9 (b) a youth who has been released by the Prisoner
10 Review Board but remains in a Department facility solely
11 because the youth does not have an approved aftercare
12 release host site, filed within 10 days of the occurrence;
13 (c) a youth, except a youth who has been adjudicated a
14 habitual or violent juvenile offender under Section 5-815
15 or 5-820 of this Act or committed for first degree murder,
16 who has been held in a Department facility for over one
17 consecutive year; or
18 (d) if a report has been filed under paragraph (c) of
19 this subsection, a supplemental report shall be filed
20 every 6 months thereafter.
21 The notification required by this subsection (4) shall contain
22 a brief description of the incident or situation and a summary
23 of the youth's current physical, mental, and emotional health
24 and the actions the Department took in response to the
25 incident or to identify an aftercare release host site, as
26 applicable. Upon receipt of the notification, the court may
HB4966 Enrolled - 135 - LRB104 20048 KTG 33499 b
1 require the Department to make a full report under subsection
2 (1) of this Section.
3 (5) With respect to any report required to be filed with
4 the court under this Section, the Independent Juvenile
5 Ombudsperson shall provide a copy to the minor's court
6 appointed guardian ad litem, if the Department has received
7 written notice of the appointment, and to the minor's
8 attorney, if the Department has received written notice of
9 representation from the attorney. If the Department has a
10 record that a guardian has been appointed for the minor and a
11 record of the last known address of the minor's court
12 appointed guardian, the Independent Juvenile Ombudsperson
13 shall send a notice to the guardian that the report is
14 available and will be provided by the Independent Juvenile
15 Ombudsperson upon request. If the Department has no record
16 regarding the appointment of a guardian for the minor, and the
17 Department's records include the last known addresses of the
18 minor's parents, the Independent Juvenile Ombudsperson shall
19 send a notice to the parents that the report is available and
20 will be provided by the Independent Juvenile Ombudsperson upon
21 request.
22 (6) The changes made to this Section by this amendatory
23 Act of the 104th General Assembly apply on and after January 1,
24 2028.
25 (Source: P.A. 103-22, eff. 8-8-23; 103-1061, eff. 2-5-25;
26 104-66, eff. 1-1-26; revised 11-21-25.)
HB4966 Enrolled - 136 - LRB104 20048 KTG 33499 b
1 (Text of Section after amendment by P.A. 104-107)
2 Sec. 5-745. Court review.
3 (1) The court may require any legal custodian or guardian
4 of the person appointed under this Act, including the
5 Department of Juvenile Justice for youth committed under
6 Section 5-750 of this Act, to report periodically to the court
7 or may cite the legal custodian or guardian into court and
8 require the legal custodian or guardian, or the legal
9 custodian's or guardian's agency, to make a full and accurate
10 report of the doings of the legal custodian, guardian, or
11 agency on behalf of the minor, including efforts to secure
12 post-release placement of the youth after release from the
13 Department's facilities. The legal custodian or guardian,
14 within 10 days after the citation, shall make the report,
15 either in writing verified by affidavit or orally under oath
16 in open court, or otherwise as the court directs. Upon the
17 hearing of the report, the court may remove the legal
18 custodian or guardian and appoint another in the legal
19 custodian's or guardian's stead or restore the minor to the
20 custody of the minor's parents or former guardian or legal
21 custodian.
22 (2) If the Department of Children and Family Services is
23 appointed legal custodian or guardian of a minor under Section
24 5-740 of this Act, the Department of Children and Family
25 Services shall file updated case plans with the court every 6
HB4966 Enrolled - 137 - LRB104 20048 KTG 33499 b
1 months. Every agency which has guardianship of a child shall
2 file a supplemental petition for court review, or review by an
3 administrative body appointed or approved by the court and
4 further order within 18 months of the sentencing order and
5 each 18 months thereafter. The petition shall state facts
6 relative to the child's present condition of physical, mental,
7 and emotional health as well as facts relative to the minor's
8 present custodial or foster care. The petition shall be set
9 for hearing and the clerk shall mail 10 days' days notice of
10 the hearing by certified mail, return receipt requested, to
11 the person or agency having the physical custody of the child,
12 the minor and other interested parties unless a written waiver
13 of notice is filed with the petition.
14 If the minor is in the custody of the Illinois Department
15 of Children and Family Services, pursuant to an order entered
16 under this Article, the court shall conduct permanency
17 hearings as set out in subsections (1), (1.3), (1.5), (1.6),
18 (2), (2.3), (2.4), (2.5), and (3) of Section 2-28 of Article II
19 of this Act and Successful Transition to Adulthood Review
20 hearings as set out in Section 2-28.2 of Article II of this
21 Act.
22 Rights of wards of the court under this Act are
23 enforceable against any public agency by complaints for relief
24 by mandamus filed in any proceedings brought under this Act.
25 (3) The minor or any person interested in the minor may
26 apply to the court for a change in custody of the minor and the
HB4966 Enrolled - 138 - LRB104 20048 KTG 33499 b
1 appointment of a new custodian or guardian of the person or for
2 the restoration of the minor to the custody of the minor's
3 parents or former guardian or custodian. In the event that the
4 minor has attained 18 years of age and the guardian or
5 custodian petitions the court for an order terminating the
6 minor's guardianship or custody, guardianship or legal custody
7 shall terminate automatically 30 days after the receipt of the
8 petition unless the court orders otherwise. No legal custodian
9 or guardian of the person may be removed without the legal
10 custodian's or guardian's consent until given notice and an
11 opportunity to be heard by the court.
12 (4) If the minor is committed to the Department of
13 Juvenile Justice under Section 5-750 of this Act, the
14 Department shall notify the court in writing of the occurrence
15 of any of the following:
16 (a) a critical incident involving a youth committed to
17 the Department; as used in this paragraph (a), "critical
18 incident" means any incident that involves a serious risk
19 to the life, health, or well-being of the youth and
20 includes, but is not limited to, an accident or suicide
21 attempt resulting in serious bodily harm or
22 hospitalization, psychiatric hospitalization, alleged or
23 suspected abuse, or escape or attempted escape from
24 custody, filed within 10 days of the occurrence;
25 (b) a youth who has been released by the Prisoner
26 Review Board but remains in a Department facility solely
HB4966 Enrolled - 139 - LRB104 20048 KTG 33499 b
1 because the youth does not have an approved aftercare
2 release host site, filed within 10 days of the occurrence;
3 (c) a youth, except a youth who has been adjudicated a
4 habitual or violent juvenile offender under Section 5-815
5 or 5-820 of this Act or committed for first degree murder,
6 who has been held in a Department facility for over one
7 consecutive year; or
8 (d) if a report has been filed under paragraph (c) of
9 this subsection, a supplemental report shall be filed
10 every 6 months thereafter.
11 The notification required by this subsection (4) shall contain
12 a brief description of the incident or situation and a summary
13 of the youth's current physical, mental, and emotional health
14 and the actions the Department took in response to the
15 incident or to identify an aftercare release host site, as
16 applicable. Upon receipt of the notification, the court may
17 require the Department to make a full report under subsection
18 (1) of this Section.
19 (5) With respect to any report required to be filed with
20 the court under this Section, the Independent Juvenile
21 Ombudsperson shall provide a copy to the minor's court
22 appointed guardian ad litem, if the Department has received
23 written notice of the appointment, and to the minor's
24 attorney, if the Department has received written notice of
25 representation from the attorney. If the Department has a
26 record that a guardian has been appointed for the minor and a
HB4966 Enrolled - 140 - LRB104 20048 KTG 33499 b
1 record of the last known address of the minor's court
2 appointed guardian, the Independent Juvenile Ombudsperson
3 shall send a notice to the guardian that the report is
4 available and will be provided by the Independent Juvenile
5 Ombudsperson upon request. If the Department has no record
6 regarding the appointment of a guardian for the minor, and the
7 Department's records include the last known addresses of the
8 minor's parents, the Independent Juvenile Ombudsperson shall
9 send a notice to the parents that the report is available and
10 will be provided by the Independent Juvenile Ombudsperson upon
11 request.
12 (6) The changes made to this Section by this amendatory
13 Act of the 104th General Assembly apply on and after January 1,
14 2028.
15 (Source: P.A. 103-22, eff. 8-8-23; 103-1061, eff. 2-5-25;
16 104-66, eff. 1-1-26; 104-107, eff. 7-1-26; revised 11-21-25.)
17 Section 95. No acceleration or delay. Where this Act makes
18 changes in a statute that is represented in this Act by text
19 that is not yet or no longer in effect (for example, a Section
20 represented by multiple versions), the use of that text does
21 not accelerate or delay the taking effect of (i) the changes
22 made by this Act or (ii) provisions derived from any other
23 Public Act.
24 Section 97. Severability. The provisions of this Act are
HB4966 Enrolled - 141 - LRB104 20048 KTG 33499 b
1 severable under Section 1.31 of the Statute on Statutes.
2 Section 99. Effective date. This Act takes effect upon
3 becoming law.Every fact on this page links to its source, starting with the official bill record.