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Illinois General Assembly· SB 1504Governor Approved

DCFS-YOUTH INDEPENDENCE GOAL, the official text

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SB1504 Enrolled                     LRB104 09130 KTG 19186 b

1   AN ACT concerning State government.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Children and Family Services Act is amended

5 by changing Sections 5 and 35.10 as follows:

6   (20 ILCS 505/5)

7   (Text of Section before amendment by P.A. 103-1061)

8   Sec. 5. Direct child welfare services; Department of

9 Children and Family Services. To provide direct child welfare

10 services when not available through other public or private

11 child care or program facilities.

12  (a) For purposes of this Section:

13  (1) "Children" means persons found within the State

14  who are under the age of 18 years. The term also includes

15  persons under age 21 who:

16  (A) were committed to the Department pursuant to

17  the Juvenile Court Act or the Juvenile Court Act of

18  1987 and who continue under the jurisdiction of the

19  court; or

20  (B) were accepted for care, service and training

21  by the Department prior to the age of 18 and whose best

22  interest in the discretion of the Department would be

23  served by continuing that care, service and training
    SB1504 Enrolled          -2-  LRB104 09130 KTG 19186 b

1   because of severe emotional disturbances, physical

2   disability, social adjustment or any combination

3   thereof, or because of the need to complete an

4   educational or vocational training program.

5   (2) "Homeless youth" means persons found within the

6   State who are under the age of 19, are not in a safe and

7   stable living situation and cannot be reunited with their

8   families.

9   (3) "Child welfare services" means public social

10  services which are directed toward the accomplishment of

11  the following purposes:

12  (A) protecting and promoting the health, safety

13  and welfare of children, including homeless,

14  dependent, or neglected children;

15  (B) remedying, or assisting in the solution of

16  problems which may result in, the neglect, abuse,

17  exploitation, or delinquency of children;

18  (C) preventing the unnecessary separation of

19  children from their families by identifying family

20  problems, assisting families in resolving their

21  problems, and preventing the breakup of the family

22  where the prevention of child removal is desirable and

23  possible when the child can be cared for at home

24  without endangering the child's health and safety;

25  (D) restoring to their families children who have

26  been removed, by the provision of services to the
    SB1504 Enrolled   -3-        LRB104 09130 KTG 19186 b

1   child and the families when the child can be cared for

2   at home without endangering the child's health and

3   safety;

4   (E) placing children in suitable permanent family

5   arrangements, through guardianship or adoption, in

6   cases where restoration to the birth family is not

7   safe, possible, or appropriate;

8   (F) at the time of placement, conducting

9   concurrent planning, as described in subsection (l-1)

10  of this Section, so that permanency may occur at the

11  earliest opportunity. Consideration should be given so

12  that if reunification fails or is delayed, the

13  placement made is the best available placement to

14  provide permanency for the child;

15  (G) (blank);

16  (H) (blank); and

17  (I) placing and maintaining children in facilities

18  that provide separate living quarters for children

19  under the age of 18 and for children 18 years of age

20  and older, unless a child 18 years of age is in the

21  last year of high school education or vocational

22  training, in an approved individual or group treatment

23  program, in a licensed shelter facility, or secure

24  child care facility. The Department is not required to

25  place or maintain children:

26                   (i) who are in a foster home, or
    SB1504 Enrolled             -4-  LRB104 09130 KTG 19186 b

1                    (ii) who are persons with a developmental

2   disability, as defined in the Mental Health and

3   Developmental Disabilities Code, or

4                    (iii) who are female children who are

5   pregnant, pregnant and parenting, or parenting, or

6                    (iv) who are siblings, in facilities that

7   provide separate living quarters for children 18

8   years of age and older and for children under 18

9   years of age.

10  (b) (Blank).

11  (b-5) The Department shall adopt rules to establish a

12 process for all licensed residential providers in Illinois to

13 submit data as required by the Department if they contract or

14 receive reimbursement for children's mental health, substance

15 use, and developmental disability services from the Department

16 of Human Services, the Department of Juvenile Justice, or the

17 Department of Healthcare and Family Services. The requested

18 data must include, but is not limited to, capacity, staffing,

19 and occupancy data for the purpose of establishing State need

20 and placement availability.

21  All information collected, shared, or stored pursuant to

22 this subsection shall be handled in accordance with all State

23 and federal privacy laws and accompanying regulations and

24 rules, including without limitation the federal Health

25 Insurance Portability and Accountability Act of 1996 (Public

26 Law 104-191) and the Mental Health and Developmental
    SB1504 Enrolled  -5-             LRB104 09130 KTG 19186 b

1 Disabilities Confidentiality Act.

2   (c) The Department shall establish and maintain

3 tax-supported child welfare services and extend and seek to

4 improve voluntary services throughout the State, to the end

5 that services and care shall be available on an equal basis

6 throughout the State to children requiring such services.

7   (d) The Director may authorize advance disbursements for

8 any new program initiative to any agency contracting with the

9 Department. As a prerequisite for an advance disbursement, the

10 contractor must post a surety bond in the amount of the advance

11 disbursement and have a purchase of service contract approved

12 by the Department. The Department may pay up to 2 months

13 operational expenses in advance. The amount of the advance

14 disbursement shall be prorated over the life of the contract

15 or the remaining months of the fiscal year, whichever is less,

16 and the installment amount shall then be deducted from future

17 bills. Advance disbursement authorizations for new initiatives

18 shall not be made to any agency after that agency has operated

19 during 2 consecutive fiscal years. The requirements of this

20 Section concerning advance disbursements shall not apply with

21 respect to the following: payments to local public agencies

22 for child day care services as authorized by Section 5a of this

23 Act; and youth service programs receiving grant funds under

24 Section 17a-4.

25  (e) (Blank).

26  (f) (Blank).
    SB1504 Enrolled      -6-      LRB104 09130 KTG 19186 b

1      (g) The Department shall establish rules and regulations

2 concerning its operation of programs designed to meet the

3 goals of child safety and protection, family preservation,

4 family reunification, and adoption, including, but not limited

5 to:

6      (1) adoption;

7      (2) foster care;

8      (3) family counseling;

9      (4) protective services;

10     (5) (blank);

11     (6) homemaker service;

12     (7) return of runaway children;

13     (8) (blank);

14     (9) placement under Section 5-7 of the Juvenile Court

15     Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile

16     Court Act of 1987 in accordance with the federal Adoption

17     Assistance and Child Welfare Act of 1980; and

18     (10) interstate services.

19     Rules and regulations established by the Department shall

20 include provisions for training Department staff and the staff

21 of Department grantees, through contracts with other agencies

22 or resources, in screening techniques to identify substance

23 use disorders, as defined in the Substance Use Disorder Act,

24 approved by the Department of Human Services, as a successor

25 to the Department of Alcoholism and Substance Abuse, for the

26 purpose of identifying children and adults who should be
    SB1504 Enrolled       -7-             LRB104 09130 KTG 19186 b

1 referred for an assessment at an organization appropriately

2 licensed by the Department of Human Services for substance use

3 disorder treatment.

4   (h) If the Department finds that there is no appropriate

5 program or facility within or available to the Department for

6 a youth in care and that no licensed private facility has an

7 adequate and appropriate program or none agrees to accept the

8 youth in care, the Department shall create an appropriate

9 individualized, program-oriented plan for such youth in care.

10 The plan may be developed within the Department or through

11 purchase of services by the Department to the extent that it is

12 within its statutory authority to do.

13  (i) Service programs shall be available throughout the

14 State and shall include but not be limited to the following

15 services:

16  (1) case management;

17  (2) homemakers;

18  (3) counseling;

19  (4) parent education;

20  (5) day care; and

21  (6) emergency assistance and advocacy.

22  In addition, the following services may be made available

23 to assess and meet the needs of children and families:

24  (1) comprehensive family-based services;

25  (2) assessments;

26  (3) respite care; and
   SB1504 Enrolled  -8-                  LRB104 09130 KTG 19186 b

1  (4) in-home health services.

2  The Department shall provide transportation for any of the

3 services it makes available to children or families or for

4 which it refers children or families.

5  (j) The Department may provide categories of financial

6 assistance and education assistance grants, and shall

7 establish rules and regulations concerning the assistance and

8 grants, to persons who adopt children with physical or mental

9 disabilities, children who are older, or other hard-to-place

10 children who (i) immediately prior to their adoption were

11 youth in care or (ii) were determined eligible for financial

12 assistance with respect to a prior adoption and who become

13 available for adoption because the prior adoption has been

14 dissolved and the parental rights of the adoptive parents have

15 been terminated or because the child's adoptive parents have

16 died. The Department may continue to provide financial

17 assistance and education assistance grants for a child who was

18 determined eligible for financial assistance under this

19 subsection (j) in the interim period beginning when the

20 child's adoptive parents died and ending with the finalization

21 of the new adoption of the child by another adoptive parent or

22 parents. The Department may also provide categories of

23 financial assistance and education assistance grants, and

24 shall establish rules and regulations for the assistance and

25 grants, to persons appointed guardian of the person under

26 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
    SB1504 Enrolled             -9-    LRB104 09130 KTG 19186 b

1 4-25, or 5-740 of the Juvenile Court Act of 1987 for children

2 who were youth in care for 12 months immediately prior to the

3 appointment of the guardian.

4   The amount of assistance may vary, depending upon the

5 needs of the child and the adoptive parents, as set forth in

6 the annual assistance agreement. Special purpose grants are

7 allowed where the child requires special service but such

8 costs may not exceed the amounts which similar services would

9 cost the Department if it were to provide or secure them as

10 guardian of the child.

11  Any financial assistance provided under this subsection is

12 inalienable by assignment, sale, execution, attachment,

13 garnishment, or any other remedy for recovery or collection of

14 a judgment or debt.

15  (j-5) The Department shall not deny or delay the placement

16 of a child for adoption if an approved family is available

17 either outside of the Department region handling the case, or

18 outside of the State of Illinois.

19  (k) The Department shall accept for care and training any

20 child who has been adjudicated neglected or abused, or

21 dependent committed to it pursuant to the Juvenile Court Act

22 or the Juvenile Court Act of 1987.

23  (l) The Department shall offer family preservation

24 services, as defined in Section 8.2 of the Abused and

25 Neglected Child Reporting Act, to help families, including

26 adoptive and extended families. Family preservation services
    SB1504 Enrolled  - 10 - LRB104 09130 KTG 19186 b

1 shall be offered (i) to prevent the placement of children in

2 substitute care when the children can be cared for at home or

3 in the custody of the person responsible for the children's

4 welfare, (ii) to reunite children with their families, or

5 (iii) to maintain an adoptive placement. Family preservation

6 services shall only be offered when doing so will not endanger

7 the children's health or safety. With respect to children who

8 are in substitute care pursuant to the Juvenile Court Act of

9 1987, family preservation services shall not be offered if a

10 goal other than those of subdivisions (A), (B), or (B-1) of

11 subsection (2) of Section 2-28 of that Act has been set, except

12 that reunification services may be offered as provided in

13 paragraph (F) of subsection (2) of Section 2-28 of that Act.

14 Nothing in this paragraph shall be construed to create a

15 private right of action or claim on the part of any individual

16 or child welfare agency, except that when a child is the

17 subject of an action under Article II of the Juvenile Court Act

18 of 1987 and the child's service plan calls for services to

19 facilitate achievement of the permanency goal, the court

20 hearing the action under Article II of the Juvenile Court Act

21 of 1987 may order the Department to provide the services set

22 out in the plan, if those services are not provided with

23 reasonable promptness and if those services are available.

24  The Department shall notify the child and the child's

25 family of the Department's responsibility to offer and provide

26 family preservation services as identified in the service
    SB1504 Enrolled  - 11 - LRB104 09130 KTG 19186 b

1 plan. The child and the child's family shall be eligible for

2 services as soon as the report is determined to be

3 "indicated". The Department may offer services to any child or

4 family with respect to whom a report of suspected child abuse

5 or neglect has been filed, prior to concluding its

6 investigation under Section 7.12 of the Abused and Neglected

7 Child Reporting Act. However, the child's or family's

8 willingness to accept services shall not be considered in the

9 investigation. The Department may also provide services to any

10 child or family who is the subject of any report of suspected

11 child abuse or neglect or may refer such child or family to

12 services available from other agencies in the community, even

13 if the report is determined to be unfounded, if the conditions

14 in the child's or family's home are reasonably likely to

15 subject the child or family to future reports of suspected

16 child abuse or neglect. Acceptance of such services shall be

17 voluntary. The Department may also provide services to any

18 child or family after completion of a family assessment, as an

19 alternative to an investigation, as provided under the

20 "differential response program" provided for in subsection

21 (a-5) of Section 7.4 of the Abused and Neglected Child

22 Reporting Act.

23  The Department may, at its discretion except for those

24 children also adjudicated neglected or dependent, accept for

25 care and training any child who has been adjudicated addicted,

26 as a truant minor in need of supervision or as a minor
SB1504 Enrolled  - 12 - LRB104 09130 KTG 19186 b

 1 requiring authoritative intervention, under the Juvenile Court
 2 Act or the Juvenile Court Act of 1987, but no such child shall
 3 be committed to the Department by any court without the
 4 approval of the Department. On and after January 1, 2015 (the
 5 effective date of Public Act 98-803) and before January 1,
 6 2017, a minor charged with a criminal offense under the
 7 Criminal Code of 1961 or the Criminal Code of 2012 or
 8 adjudicated delinquent shall not be placed in the custody of
 9 or committed to the Department by any court, except (i) a minor
10 less than 16 years of age committed to the Department under
11 Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
12 for whom an independent basis of abuse, neglect, or dependency
13 exists, which must be defined by departmental rule, or (iii) a
14 minor for whom the court has granted a supplemental petition
15 to reinstate wardship pursuant to subsection (2) of Section
16 2-33 of the Juvenile Court Act of 1987. On and after January 1,
17 2017, a minor charged with a criminal offense under the
18 Criminal Code of 1961 or the Criminal Code of 2012 or
19 adjudicated delinquent shall not be placed in the custody of
20 or committed to the Department by any court, except (i) a minor
21 less than 15 years of age committed to the Department under
22 Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
23 for whom an independent basis of abuse, neglect, or dependency
24 exists, which must be defined by departmental rule, or (iii) a
25 minor for whom the court has granted a supplemental petition
26 to reinstate wardship pursuant to subsection (2) of Section
    SB1504 Enrolled  - 13 - LRB104 09130 KTG 19186 b

1 2-33 of the Juvenile Court Act of 1987. An independent basis

2 exists when the allegations or adjudication of abuse, neglect,

3 or dependency do not arise from the same facts, incident, or

4 circumstances which give rise to a charge or adjudication of

5 delinquency. The Department shall assign a caseworker to

6 attend any hearing involving a youth in the care and custody of

7 the Department who is placed on aftercare release, including

8 hearings involving sanctions for violation of aftercare

9 release conditions and aftercare release revocation hearings.

10  As soon as is possible after August 7, 2009 (the effective

11 date of Public Act 96-134), the Department shall develop and

12 implement a special program of family preservation services to

13 support intact, foster, and adoptive families who are

14 experiencing extreme hardships due to the difficulty and

15 stress of caring for a child who has been diagnosed with a

16 pervasive developmental disorder if the Department determines

17 that those services are necessary to ensure the health and

18 safety of the child. The Department may offer services to any

19 family whether or not a report has been filed under the Abused

20 and Neglected Child Reporting Act. The Department may refer

21 the child or family to services available from other agencies

22 in the community if the conditions in the child's or family's

23 home are reasonably likely to subject the child or family to

24 future reports of suspected child abuse or neglect. Acceptance

25 of these services shall be voluntary. The Department shall

26 develop and implement a public information campaign to alert
    SB1504 Enrolled  - 14 - LRB104 09130 KTG 19186 b

1 health and social service providers and the general public

2 about these special family preservation services. The nature

3 and scope of the services offered and the number of families

4 served under the special program implemented under this

5 paragraph shall be determined by the level of funding that the

6 Department annually allocates for this purpose. The term

7 "pervasive developmental disorder" under this paragraph means

8 a neurological condition, including, but not limited to,

9 Asperger's Syndrome and autism, as defined in the most recent

10 edition of the Diagnostic and Statistical Manual of Mental

11 Disorders of the American Psychiatric Association.

12  (l-1) The General Assembly recognizes that the best

13 interests of the child require that the child be placed in the

14 most permanent living arrangement as soon as is practically

15 possible. To achieve this goal, the General Assembly directs

16 the Department of Children and Family Services to conduct

17 concurrent planning so that permanency may occur at the

18 earliest opportunity. Permanent living arrangements may

19 include prevention of placement of a child outside the home of

20 the family when the child can be cared for at home without

21 endangering the child's health or safety; reunification with

22 the family, when safe and appropriate, if temporary placement

23 is necessary; or movement of the child toward the most

24 permanent living arrangement and permanent legal status.

25  When determining reasonable efforts to be made with

26 respect to a child, as described in this subsection, and in
    SB1504 Enrolled           - 15 - LRB104 09130 KTG 19186 b

1 making such reasonable efforts, the child's health and safety

2 shall be the paramount concern.

3   When a child is placed in foster care, the Department

4 shall ensure and document that reasonable efforts were made to

5 prevent or eliminate the need to remove the child from the

6 child's home. The Department must make reasonable efforts to

7 reunify the family when temporary placement of the child

8 occurs unless otherwise required, pursuant to the Juvenile

9 Court Act of 1987. At any time after the dispositional hearing

10 where the Department believes that further reunification

11 services would be ineffective, it may request a finding from

12 the court that reasonable efforts are no longer appropriate.

13 The Department is not required to provide further

14 reunification services after such a finding.

15  A decision to place a child in substitute care shall be

16 made with considerations of the child's health, safety, and

17 best interests. At the time of placement, consideration should

18 also be given so that if reunification fails or is delayed, the

19 placement made is the best available placement to provide

20 permanency for the child.

21  The Department shall adopt rules addressing concurrent

22 planning for reunification and permanency. The Department

23 shall consider the following factors when determining

24 appropriateness of concurrent planning:

25  (1) the likelihood of prompt reunification;

26  (2) the past history of the family;
    SB1504 Enrolled     - 16 - LRB104 09130 KTG 19186 b

1       (3) the barriers to reunification being addressed by

2   the family;

3       (4) the level of cooperation of the family;

4       (5) the foster parents' willingness to work with the

5   family to reunite;

6       (6) the willingness and ability of the foster family

7   to provide an adoptive home or long-term placement;

8       (7) the age of the child;

9       (8) placement of siblings.

10  (m) The Department may assume temporary custody of any

11 child if:

12      (1) it has received a written consent to such

13  temporary custody signed by the parents of the child or by

14  the parent having custody of the child if the parents are

15  not living together or by the guardian or custodian of the

16  child if the child is not in the custody of either parent,

17  or

18      (2) the child is found in the State and neither a

19  parent, guardian nor custodian of the child can be

20  located.

21 If the child is found in the child's residence without a

22 parent, guardian, custodian, or responsible caretaker, the

23 Department may, instead of removing the child and assuming

24 temporary custody, place an authorized representative of the

25 Department in that residence until such time as a parent,

26 guardian, or custodian enters the home and expresses a
    SB1504 Enrolled  - 17 - LRB104 09130 KTG 19186 b

1 willingness and apparent ability to ensure the child's health

2 and safety and resume permanent charge of the child, or until a

3 relative enters the home and is willing and able to ensure the

4 child's health and safety and assume charge of the child until

5 a parent, guardian, or custodian enters the home and expresses

6 such willingness and ability to ensure the child's safety and

7 resume permanent charge. After a caretaker has remained in the

8 home for a period not to exceed 12 hours, the Department must

9 follow those procedures outlined in Section 2-9, 3-11, 4-8, or

10 5-415 of the Juvenile Court Act of 1987.

11  The Department shall have the authority, responsibilities

12 and duties that a legal custodian of the child would have

13 pursuant to subsection (9) of Section 1-3 of the Juvenile

14 Court Act of 1987. Whenever a child is taken into temporary

15 custody pursuant to an investigation under the Abused and

16 Neglected Child Reporting Act, or pursuant to a referral and

17 acceptance under the Juvenile Court Act of 1987 of a minor in

18 limited custody, the Department, during the period of

19 temporary custody and before the child is brought before a

20 judicial officer as required by Section 2-9, 3-11, 4-8, or

21 5-415 of the Juvenile Court Act of 1987, shall have the

22 authority, responsibilities and duties that a legal custodian

23 of the child would have under subsection (9) of Section 1-3 of

24 the Juvenile Court Act of 1987.

25  The Department shall ensure that any child taken into

26 custody is scheduled for an appointment for a medical
    SB1504 Enrolled  - 18 - LRB104 09130 KTG 19186 b

1 examination.

2   A parent, guardian, or custodian of a child in the

3 temporary custody of the Department who would have custody of

4 the child if the child were not in the temporary custody of the

5 Department may deliver to the Department a signed request that

6 the Department surrender the temporary custody of the child.

7 The Department may retain temporary custody of the child for

8 10 days after the receipt of the request, during which period

9 the Department may cause to be filed a petition pursuant to the

10 Juvenile Court Act of 1987. If a petition is so filed, the

11 Department shall retain temporary custody of the child until

12 the court orders otherwise. If a petition is not filed within

13 the 10-day period, the child shall be surrendered to the

14 custody of the requesting parent, guardian, or custodian not

15 later than the expiration of the 10-day period, at which time

16 the authority and duties of the Department with respect to the

17 temporary custody of the child shall terminate.

18  (m-1) The Department may place children under 18 years of

19 age in a secure child care facility licensed by the Department

20 that cares for children who are in need of secure living

21 arrangements for their health, safety, and well-being after a

22 determination is made by the facility director and the

23 Director or the Director's designate prior to admission to the

24 facility subject to Section 2-27.1 of the Juvenile Court Act

25 of 1987. This subsection (m-1) does not apply to a child who is

26 subject to placement in a correctional facility operated
   SB1504 Enrolled  - 19 - LRB104 09130 KTG 19186 b

1 pursuant to Section 3-15-2 of the Unified Code of Corrections,

2 unless the child is a youth in care who was placed in the care

3 of the Department before being subject to placement in a

4 correctional facility and a court of competent jurisdiction

5 has ordered placement of the child in a secure care facility.

6  (n) The Department may place children under 18 years of

7 age in licensed child care facilities when in the opinion of

8 the Department, appropriate services aimed at family

9 preservation have been unsuccessful and cannot ensure the

10 child's health and safety or are unavailable and such

11 placement would be for their best interest. Payment for board,

12 clothing, care, training and supervision of any child placed

13 in a licensed child care facility may be made by the

14 Department, by the parents or guardians of the estates of

15 those children, or by both the Department and the parents or

16 guardians, except that no payments shall be made by the

17 Department for any child placed in a licensed child care

18 facility for board, clothing, care, training, and supervision

19 of such a child that exceed the average per capita cost of

20 maintaining and of caring for a child in institutions for

21 dependent or neglected children operated by the Department.

22 However, such restriction on payments does not apply in cases

23 where children require specialized care and treatment for

24 problems of severe emotional disturbance, physical disability,

25 social adjustment, or any combination thereof and suitable

26 facilities for the placement of such children are not
   SB1504 Enrolled           - 20 - LRB104 09130 KTG 19186 b

1 available at payment rates within the limitations set forth in

2 this Section. All reimbursements for services delivered shall

3 be absolutely inalienable by assignment, sale, attachment, or

4 garnishment or otherwise.

5  (n-1) The Department shall provide or authorize child

6 welfare services, aimed at assisting minors to achieve

7 sustainable self-sufficiency as independent adults, for any

8 minor eligible for the reinstatement of wardship pursuant to

9 subsection (2) of Section 2-33 of the Juvenile Court Act of

10 1987, whether or not such reinstatement is sought or allowed,

11 provided that the minor consents to such services and has not

12 yet attained the age of 21. The Department shall have

13 responsibility for the development and delivery of services

14 under this Section. An eligible youth may access services

15 under this Section through the Department of Children and

16 Family Services or by referral from the Department of Human

17 Services. Youth participating in services under this Section

18 shall cooperate with the assigned case manager in developing

19 an agreement identifying the services to be provided and how

20 the youth will increase skills to achieve self-sufficiency. A

21 homeless shelter is not considered appropriate housing for any

22 youth receiving child welfare services under this Section. The

23 Department shall continue child welfare services under this

24 Section to any eligible minor until the minor becomes 21 years

25 of age, no longer consents to participate, or achieves

26 self-sufficiency as identified in the minor's service plan.
    SB1504 Enrolled    - 21 - LRB104 09130 KTG 19186 b

1 The Department of Children and Family Services shall create

2 clear, readable notice of the rights of former foster youth to

3 child welfare services under this Section and how such

4 services may be obtained. The Department of Children and

5 Family Services and the Department of Human Services shall

6 disseminate this information statewide. The Department shall

7 adopt regulations describing services intended to assist

8 minors in achieving sustainable self-sufficiency as

9 independent adults.

10  (o) The Department shall establish an administrative

11 review and appeal process for children and families who

12 request or receive child welfare services from the Department.

13 Youth in care who are placed by private child welfare

14 agencies, and foster families with whom those youth are

15 placed, shall be afforded the same procedural and appeal

16 rights as children and families in the case of placement by the

17 Department, including the right to an initial review of a

18 private agency decision by that agency. The Department shall

19 ensure that any private child welfare agency, which accepts

20 youth in care for placement, affords those rights to children

21 and foster families. The Department shall accept for

22 administrative review and an appeal hearing a complaint made

23 by (i) a child or foster family concerning a decision

24 following an initial review by a private child welfare agency

25 or (ii) a prospective adoptive parent who alleges a violation

26 of subsection (j-5) of this Section. An appeal of a decision
    SB1504 Enrolled     - 22 - LRB104 09130 KTG 19186 b

1 concerning a change in the placement of a child shall be

2 conducted in an expedited manner. A court determination that a

3 current foster home placement is necessary and appropriate

4 under Section 2-28 of the Juvenile Court Act of 1987 does not

5 constitute a judicial determination on the merits of an

6 administrative appeal, filed by a former foster parent,

7 involving a change of placement decision.

8   (p) (Blank).

9   (q) The Department may receive and use, in their entirety,

10 for the benefit of children any gift, donation, or bequest of

11 money or other property which is received on behalf of such

12 children, or any financial benefits to which such children are

13 or may become entitled while under the jurisdiction or care of

14 the Department, except that the benefits described in Section

15 5.46 must be used and conserved consistent with the provisions

16 under Section 5.46.

17  The Department shall set up and administer no-cost,

18 interest-bearing accounts in appropriate financial

19 institutions for children for whom the Department is legally

20 responsible and who have been determined eligible for

21 Veterans' Benefits, Social Security benefits, assistance

22 allotments from the armed forces, court ordered payments,

23 parental voluntary payments, Supplemental Security Income,

24 Railroad Retirement payments, Black Lung benefits, or other

25 miscellaneous payments. Interest earned by each account shall

26 be credited to the account, unless disbursed in accordance
    SB1504 Enrolled           - 23 - LRB104 09130 KTG 19186 b

1 with this subsection.

2   In disbursing funds from children's accounts, the

3 Department shall:

4   (1) Establish standards in accordance with State and

5   federal laws for disbursing money from children's

6   accounts. In all circumstances, the Department's

7   Guardianship Administrator or the Guardianship

8   Administrator's designee must approve disbursements from

9   children's accounts. The Department shall be responsible

10  for keeping complete records of all disbursements for each

11  account for any purpose.

12  (2) Calculate on a monthly basis the amounts paid from

13  State funds for the child's board and care, medical care

14  not covered under Medicaid, and social services; and

15  utilize funds from the child's account, as covered by

16  regulation, to reimburse those costs. Monthly,

17  disbursements from all children's accounts, up to 1/12 of

18  $13,000,000, shall be deposited by the Department into the

19  General Revenue Fund and the balance over 1/12 of

20  $13,000,000 into the DCFS Children's Services Fund.

21  (3) Maintain any balance remaining after reimbursing

22  for the child's costs of care, as specified in item (2).

23  The balance shall accumulate in accordance with relevant

24  State and federal laws and shall be disbursed to the child

25  or the child's guardian or to the issuing agency.

26  (r) The Department shall promulgate regulations
    SB1504 Enrolled  - 24 - LRB104 09130 KTG 19186 b

1 encouraging all adoption agencies to voluntarily forward to

2 the Department or its agent names and addresses of all persons

3 who have applied for and have been approved for adoption of a

4 hard-to-place child or child with a disability and the names

5 of such children who have not been placed for adoption. A list

6 of such names and addresses shall be maintained by the

7 Department or its agent, and coded lists which maintain the

8 confidentiality of the person seeking to adopt the child and

9 of the child shall be made available, without charge, to every

10 adoption agency in the State to assist the agencies in placing

11 such children for adoption. The Department may delegate to an

12 agent its duty to maintain and make available such lists. The

13 Department shall ensure that such agent maintains the

14 confidentiality of the person seeking to adopt the child and

15 of the child.

16  (s) The Department of Children and Family Services may

17 establish and implement a program to reimburse Department and

18 private child welfare agency foster parents licensed by the

19 Department of Children and Family Services for damages

20 sustained by the foster parents as a result of the malicious or

21 negligent acts of foster children, as well as providing third

22 party coverage for such foster parents with regard to actions

23 of foster children to other individuals. Such coverage will be

24 secondary to the foster parent liability insurance policy, if

25 applicable. The program shall be funded through appropriations

26 from the General Revenue Fund, specifically designated for
    SB1504 Enrolled  - 25 - LRB104 09130 KTG 19186 b

1 such purposes.

2   (t) The Department shall perform home studies and

3 investigations and shall exercise supervision over visitation

4 as ordered by a court pursuant to the Illinois Marriage and

5 Dissolution of Marriage Act or the Adoption Act only if:

6   (1) an order entered by an Illinois court specifically

7   directs the Department to perform such services; and

8   (2) the court has ordered one or both of the parties to

9   the proceeding to reimburse the Department for its

10  reasonable costs for providing such services in accordance

11  with Department rules, or has determined that neither

12  party is financially able to pay.

13  The Department shall provide written notification to the

14 court of the specific arrangements for supervised visitation

15 and projected monthly costs within 60 days of the court order.

16 The Department shall send to the court information related to

17 the costs incurred except in cases where the court has

18 determined the parties are financially unable to pay. The

19 court may order additional periodic reports as appropriate.

20  (u) In addition to other information that must be

21 provided, whenever the Department places a child with a

22 prospective adoptive parent or parents, in a licensed foster

23 home, group home, or child care institution, or in a relative

24 home, the Department shall provide to the prospective adoptive

25 parent or parents or other caretaker:

26  (1) available detailed information concerning the
    SB1504 Enrolled  - 26 - LRB104 09130 KTG 19186 b

1   child's educational and health history, copies of

2   immunization records (including insurance and medical card

3   information), a history of the child's previous

4   placements, if any, and reasons for placement changes

5   excluding any information that identifies or reveals the

6   location of any previous caretaker;

7        (2) a copy of the child's portion of the client

8   service plan, including any visitation arrangement, and

9   all amendments or revisions to it as related to the child;

10  and

11       (3) information containing details of the child's

12  individualized educational plan when the child is

13  receiving special education services.

14  The caretaker shall be informed of any known social or

15 behavioral information (including, but not limited to,

16 criminal background, fire setting, perpetuation of sexual

17 abuse, destructive behavior, and substance abuse) necessary to

18 care for and safeguard the children to be placed or currently

19 in the home. The Department may prepare a written summary of

20 the information required by this paragraph, which may be

21 provided to the foster or prospective adoptive parent in

22 advance of a placement. The foster or prospective adoptive

23 parent may review the supporting documents in the child's file

24 in the presence of casework staff. In the case of an emergency

25 placement, casework staff shall at least provide known

26 information verbally, if necessary, and must subsequently
    SB1504 Enrolled    - 27 - LRB104 09130 KTG 19186 b

1 provide the information in writing as required by this

2 subsection.

3   The information described in this subsection shall be

4 provided in writing. In the case of emergency placements when

5 time does not allow prior review, preparation, and collection

6 of written information, the Department shall provide such

7 information as it becomes available. Within 10 business days

8 after placement, the Department shall obtain from the

9 prospective adoptive parent or parents or other caretaker a

10 signed verification of receipt of the information provided.

11 Within 10 business days after placement, the Department shall

12 provide to the child's guardian ad litem a copy of the

13 information provided to the prospective adoptive parent or

14 parents or other caretaker. The information provided to the

15 prospective adoptive parent or parents or other caretaker

16 shall be reviewed and approved regarding accuracy at the

17 supervisory level.

18  (u-5) Effective July 1, 1995, only foster care placements

19 licensed as foster family homes pursuant to the Child Care Act

20 of 1969 shall be eligible to receive foster care payments from

21 the Department. Relative caregivers who, as of July 1, 1995,

22 were approved pursuant to approved relative placement rules

23 previously promulgated by the Department at 89 Ill. Adm. Code

24 335 and had submitted an application for licensure as a foster

25 family home may continue to receive foster care payments only

26 until the Department determines that they may be licensed as a
    SB1504 Enrolled  - 28 - LRB104 09130 KTG 19186 b

1 foster family home or that their application for licensure is

2 denied or until September 30, 1995, whichever occurs first.

3   (v) The Department shall access criminal history record

4 information as defined in the Illinois Uniform Conviction

5 Information Act and information maintained in the adjudicatory

6 and dispositional record system as defined in Section 2605-355

7 of the Illinois State Police Law if the Department determines

8 the information is necessary to perform its duties under the

9 Abused and Neglected Child Reporting Act, the Child Care Act

10 of 1969, and the Children and Family Services Act. The

11 Department shall provide for interactive computerized

12 communication and processing equipment that permits direct

13 on-line communication with the Illinois State Police's central

14 criminal history data repository. The Department shall comply

15 with all certification requirements and provide certified

16 operators who have been trained by personnel from the Illinois

17 State Police. In addition, one Office of the Inspector General

18 investigator shall have training in the use of the criminal

19 history information access system and have access to the

20 terminal. The Department of Children and Family Services and

21 its employees shall abide by rules and regulations established

22 by the Illinois State Police relating to the access and

23 dissemination of this information.

24  (v-1) Prior to final approval for placement of a child,

25 the Department shall conduct a criminal records background

26 check of the prospective foster or adoptive parent, including
    SB1504 Enrolled         - 29 - LRB104 09130 KTG 19186 b

1 fingerprint-based checks of national crime information

2 databases. Final approval for placement shall not be granted

3 if the record check reveals a felony conviction for child

4 abuse or neglect, for spousal abuse, for a crime against

5 children, or for a crime involving violence, including rape,

6 sexual assault, or homicide, but not including other physical

7 assault or battery, or if there is a felony conviction for

8 physical assault, battery, or a drug-related offense committed

9 within the past 5 years.

10  (v-2) Prior to final approval for placement of a child,

11 the Department shall check its child abuse and neglect

12 registry for information concerning prospective foster and

13 adoptive parents, and any adult living in the home. If any

14 prospective foster or adoptive parent or other adult living in

15 the home has resided in another state in the preceding 5 years,

16 the Department shall request a check of that other state's

17 child abuse and neglect registry.

18  (w) Within 120 days of August 20, 1995 (the effective date

19 of Public Act 89-392), the Department shall prepare and submit

20 to the Governor and the General Assembly, a written plan for

21 the development of in-state licensed secure child care

22 facilities that care for children who are in need of secure

23 living arrangements for their health, safety, and well-being.

24 For purposes of this subsection, secure care facility shall

25 mean a facility that is designed and operated to ensure that

26 all entrances and exits from the facility, a building or a
    SB1504 Enrolled  - 30 - LRB104 09130 KTG 19186 b

1 distinct part of the building, are under the exclusive control

2 of the staff of the facility, whether or not the child has the

3 freedom of movement within the perimeter of the facility,

4 building, or distinct part of the building. The plan shall

5 include descriptions of the types of facilities that are

6 needed in Illinois; the cost of developing these secure care

7 facilities; the estimated number of placements; the potential

8 cost savings resulting from the movement of children currently

9 out-of-state who are projected to be returned to Illinois; the

10 necessary geographic distribution of these facilities in

11 Illinois; and a proposed timetable for development of such

12 facilities.

13  (x) The Department shall conduct annual credit history

14 checks to determine the financial history of children placed

15 under its guardianship pursuant to the Juvenile Court Act of

16 1987. The Department shall conduct such credit checks starting

17 when a youth in care turns 12 years old and each year

18 thereafter for the duration of the guardianship as terminated

19 pursuant to the Juvenile Court Act of 1987. The Department

20 shall determine if financial exploitation of the child's

21 personal information has occurred. If financial exploitation

22 appears to have taken place or is presently ongoing, the

23 Department shall notify the proper law enforcement agency, the

24 proper State's Attorney, or the Attorney General.

25  (y) Beginning on July 22, 2010 (the effective date of

26 Public Act 96-1189), a child with a disability who receives
   SB1504 Enrolled          - 31 - LRB104 09130 KTG 19186 b

1 residential and educational services from the Department shall

2 be eligible to receive transition services in accordance with

3 Article 14 of the School Code from the age of 14.5 through age

4 21, inclusive, notwithstanding the child's residential

5 services arrangement. For purposes of this subsection, "child

6 with a disability" means a child with a disability as defined

7 by the federal Individuals with Disabilities Education

8 Improvement Act of 2004.

9  (z) The Department shall access criminal history record

10 information as defined as "background information" in this

11 subsection and criminal history record information as defined

12 in the Illinois Uniform Conviction Information Act for each

13 Department employee or Department applicant. Each Department

14 employee or Department applicant shall submit the employee's

15 or applicant's fingerprints to the Illinois State Police in

16 the form and manner prescribed by the Illinois State Police.

17 These fingerprints shall be checked against the fingerprint

18 records now and hereafter filed in the Illinois State Police

19 and the Federal Bureau of Investigation criminal history

20 records databases. The Illinois State Police shall charge a

21 fee for conducting the criminal history record check, which

22 shall be deposited into the State Police Services Fund and

23 shall not exceed the actual cost of the record check. The

24 Illinois State Police shall furnish, pursuant to positive

25 identification, all Illinois conviction information to the

26 Department of Children and Family Services.
    SB1504 Enrolled        - 32 - LRB104 09130 KTG 19186 b

1   For purposes of this subsection:

2   "Background information" means all of the following:

3   (i) Upon the request of the Department of Children and

4   Family Services, conviction information obtained from the

5   Illinois State Police as a result of a fingerprint-based

6   criminal history records check of the Illinois criminal

7   history records database and the Federal Bureau of

8   Investigation criminal history records database concerning

9   a Department employee or Department applicant.

10  (ii) Information obtained by the Department of

11  Children and Family Services after performing a check of

12  the Illinois State Police's Sex Offender Database, as

13  authorized by Section 120 of the Sex Offender Community

14  Notification Law, concerning a Department employee or

15  Department applicant.

16  (iii) Information obtained by the Department of

17  Children and Family Services after performing a check of

18  the Child Abuse and Neglect Tracking System (CANTS)

19  operated and maintained by the Department.

20  "Department employee" means a full-time or temporary

21 employee coded or certified within the State of Illinois

22 Personnel System.

23  "Department applicant" means an individual who has

24 conditional Department full-time or part-time work, a

25 contractor, an individual used to replace or supplement staff,

26 an academic intern, a volunteer in Department offices or on
    SB1504 Enrolled  - 33 - LRB104 09130 KTG 19186 b

1 Department contracts, a work-study student, an individual or
2 entity licensed by the Department, or an unlicensed service
3 provider who works as a condition of a contract or an agreement
4 and whose work may bring the unlicensed service provider into
5 contact with Department clients or client records.
6 (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
7 102-1014, eff. 5-27-22; 103-22, eff. 8-8-23; 103-50, eff.
8 1-1-24; 103-546, eff. 8-11-23; 103-605, eff. 7-1-24.)

9   (Text of Section after amendment by P.A. 103-1061)

10  Sec. 5. Direct child welfare services; Department of

11 Children and Family Services. To provide direct child welfare

12 services when not available through other public or private

13 child care or program facilities.

14  (a) For purposes of this Section:

15  (1) "Children" means persons found within the State

16  who are under the age of 18 years. The term also includes

17  persons under age 21 who:

18  (A) were committed to the Department pursuant to

19  the Juvenile Court Act or the Juvenile Court Act of

20  1987 and who continue under the jurisdiction of the

21  court; or

22  (B) were accepted for care, service and training

23  by the Department prior to the age of 18 and whose best

24  interest in the discretion of the Department would be

25  served by continuing that care, service and training
    SB1504 Enrolled          - 34 - LRB104 09130 KTG 19186 b

1   because of severe emotional disturbances, physical

2   disability, social adjustment or any combination

3   thereof, or because of the need to complete an

4   educational or vocational training program.

5   (2) "Homeless youth" means persons found within the

6   State who are under the age of 19, are not in a safe and

7   stable living situation and cannot be reunited with their

8   families.

9   (3) "Child welfare services" means public social

10  services which are directed toward the accomplishment of

11  the following purposes:

12  (A) protecting and promoting the health, safety

13  and welfare of children, including homeless,

14  dependent, or neglected children;

15  (B) remedying, or assisting in the solution of

16  problems which may result in, the neglect, abuse,

17  exploitation, or delinquency of children;

18  (C) preventing the unnecessary separation of

19  children from their families by identifying family

20  problems, assisting families in resolving their

21  problems, and preventing the breakup of the family

22  where the prevention of child removal is desirable and

23  possible when the child can be cared for at home

24  without endangering the child's health and safety;

25  (D) restoring to their families children who have

26  been removed, by the provision of services to the
    SB1504 Enrolled       - 35 - LRB104 09130 KTG 19186 b

1   child and the families when the child can be cared for

2   at home without endangering the child's health and

3   safety;

4   (E) placing children in suitable permanent family

5   arrangements, through guardianship or adoption, in

6   cases where restoration to the birth family is not

7   safe, possible, or appropriate;

8   (F) at the time of placement, conducting

9   concurrent planning, as described in subsection (l-1)

10  of this Section, so that permanency may occur at the

11  earliest opportunity. Consideration should be given so

12  that if reunification fails or is delayed, the

13  placement made is the best available placement to

14  provide permanency for the child;

15  (F-1) preparing adolescents to successfully

16  transition to independence, including transition

17  planning for youth who qualify for a guardian as a

18  person with a disability under Article XIa of the

19  Probate Act of 1975;

20  (G) (blank);

21  (H) (blank); and

22  (I) placing and maintaining children in facilities

23  that provide separate living quarters for children

24  under the age of 18 and for children 18 years of age

25  and older, unless a child 18 years of age is in the

26  last year of high school education or vocational
    SB1504 Enrolled             - 36 - LRB104 09130 KTG 19186 b

1   training, in an approved individual or group treatment

2   program, in a licensed shelter facility, or secure

3   child care facility. The Department is not required to

4   place or maintain children:

5                    (i) who are in a foster home, or

6                    (ii) who are persons with a developmental

7   disability, as defined in the Mental Health and

8   Developmental Disabilities Code, or

9                    (iii) who are female children who are

10  pregnant, pregnant and parenting, or parenting, or

11                   (iv) who are siblings, in facilities that

12  provide separate living quarters for children 18

13  years of age and older and for children under 18

14  years of age.

15  (b) (Blank).

16  (b-5) The Department shall adopt rules to establish a

17 process for all licensed residential providers in Illinois to

18 submit data as required by the Department if they contract or

19 receive reimbursement for children's mental health, substance

20 use, and developmental disability services from the Department

21 of Human Services, the Department of Juvenile Justice, or the

22 Department of Healthcare and Family Services. The requested

23 data must include, but is not limited to, capacity, staffing,

24 and occupancy data for the purpose of establishing State need

25 and placement availability.

26  All information collected, shared, or stored pursuant to
    SB1504 Enrolled  - 37 - LRB104 09130 KTG 19186 b

1 this subsection shall be handled in accordance with all State

2 and federal privacy laws and accompanying regulations and

3 rules, including without limitation the federal Health

4 Insurance Portability and Accountability Act of 1996 (Public

5 Law 104-191) and the Mental Health and Developmental

6 Disabilities Confidentiality Act.

7   (c) The Department shall establish and maintain

8 tax-supported child welfare services and extend and seek to

9 improve voluntary services throughout the State, to the end

10 that services and care shall be available on an equal basis

11 throughout the State to children requiring such services.

12  (d) The Director may authorize advance disbursements for

13 any new program initiative to any agency contracting with the

14 Department. As a prerequisite for an advance disbursement, the

15 contractor must post a surety bond in the amount of the advance

16 disbursement and have a purchase of service contract approved

17 by the Department. The Department may pay up to 2 months

18 operational expenses in advance. The amount of the advance

19 disbursement shall be prorated over the life of the contract

20 or the remaining months of the fiscal year, whichever is less,

21 and the installment amount shall then be deducted from future

22 bills. Advance disbursement authorizations for new initiatives

23 shall not be made to any agency after that agency has operated

24 during 2 consecutive fiscal years. The requirements of this

25 Section concerning advance disbursements shall not apply with

26 respect to the following: payments to local public agencies
    SB1504 Enrolled  - 38 - LRB104 09130 KTG 19186 b

1 for child day care services as authorized by Section 5a of this

2 Act; and youth service programs receiving grant funds under

3 Section 17a-4.

4   (e) (Blank).

5   (f) (Blank).

6   (g) The Department shall establish rules and regulations

7 concerning its operation of programs designed to meet the

8 goals of child safety and protection, family preservation, and

9 permanency, including, but not limited to:

10  (1) reunification, guardianship, and adoption;

11  (2) relative and licensed foster care;

12  (3) family counseling;

13  (4) protective services;

14  (5) (blank);

15  (6) homemaker service;

16  (7) return of runaway children;

17  (8) (blank);

18  (9) placement under Section 5-7 of the Juvenile Court

19  Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile

20  Court Act of 1987 in accordance with the federal Adoption

21  Assistance and Child Welfare Act of 1980; and

22  (10) interstate services; and .

23  (11) transition planning for youth aging out of care.

24  Rules and regulations established by the Department shall

25 include provisions for training Department staff and the staff

26 of Department grantees, through contracts with other agencies
    SB1504 Enrolled       - 39 - LRB104 09130 KTG 19186 b

1 or resources, in screening techniques to identify substance

2 use disorders, as defined in the Substance Use Disorder Act,

3 approved by the Department of Human Services, as a successor

4 to the Department of Alcoholism and Substance Abuse, for the

5 purpose of identifying children and adults who should be

6 referred for an assessment at an organization appropriately

7 licensed by the Department of Human Services for substance use

8 disorder treatment.

9   (h) If the Department finds that there is no appropriate

10 program or facility within or available to the Department for

11 a youth in care and that no licensed private facility has an

12 adequate and appropriate program or none agrees to accept the

13 youth in care, the Department shall create an appropriate

14 individualized, program-oriented plan for such youth in care.

15 The plan may be developed within the Department or through

16 purchase of services by the Department to the extent that it is

17 within its statutory authority to do.

18  (i) Service programs shall be available throughout the

19 State and shall include but not be limited to the following

20 services:

21  (1) case management;

22  (2) homemakers;

23  (3) counseling;

24  (4) parent education;

25  (5) day care;

26  (6) emergency assistance and advocacy; and
    SB1504 Enrolled   - 40 - LRB104 09130 KTG 19186 b

1   (7) kinship navigator and relative caregiver supports.

2   In addition, the following services may be made available

3 to assess and meet the needs of children and families:

4   (1) comprehensive family-based services;

5   (2) assessments;

6   (3) respite care; and

7   (4) in-home health services.

8   The Department shall provide transportation for any of the

9 services it makes available to children or families or for

10 which it refers children or families.

11  (j) The Department may provide categories of financial

12 assistance and education assistance grants, and shall

13 establish rules and regulations concerning the assistance and

14 grants, to persons who adopt or become subsidized guardians of

15 children with physical or mental disabilities, children who

16 are older, or other hard-to-place children who (i) immediately

17 prior to their adoption or subsidized guardianship were youth

18 in care or (ii) were determined eligible for financial

19 assistance with respect to a prior adoption and who become

20 available for adoption because the prior adoption has been

21 dissolved and the parental rights of the adoptive parents have

22 been terminated or because the child's adoptive parents have

23 died. The Department may continue to provide financial

24 assistance and education assistance grants for a child who was

25 determined eligible for financial assistance under this

26 subsection (j) in the interim period beginning when the
    SB1504 Enrolled              - 41 - LRB104 09130 KTG 19186 b

1 child's adoptive parents died and ending with the finalization

2 of the new adoption of the child by another adoptive parent or

3 parents. The Department may also provide categories of

4 financial assistance and education assistance grants, and

5 shall establish rules and regulations for the assistance and

6 grants, to persons appointed guardian of the person under

7 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,

8 4-25, or 5-740 of the Juvenile Court Act of 1987 for children

9 who were youth in care for 12 months immediately prior to the

10 appointment of the guardian.

11  The amount of assistance may vary, depending upon the

12 needs of the child and the adoptive parents or subsidized

13 guardians, as set forth in the annual assistance agreement.

14 Special purpose grants are allowed where the child requires

15 special service but such costs may not exceed the amounts

16 which similar services would cost the Department if it were to

17 provide or secure them as guardian of the child.

18  Any financial assistance provided under this subsection is

19 inalienable by assignment, sale, execution, attachment,

20 garnishment, or any other remedy for recovery or collection of

21 a judgment or debt.

22  (j-5) The Department shall not deny or delay the placement

23 of a child for adoption if an approved family is available

24 either outside of the Department region handling the case, or

25 outside of the State of Illinois.

26  (k) The Department shall accept for care and training any
   SB1504 Enrolled  - 42 - LRB104 09130 KTG 19186 b

1 child who has been adjudicated neglected or abused, or

2 dependent committed to it pursuant to the Juvenile Court Act

3 or the Juvenile Court Act of 1987.

4  (l) The Department shall offer family preservation

5 services, as defined in Section 8.2 of the Abused and

6 Neglected Child Reporting Act, to help families, including

7 adoptive and extended families. Family preservation services

8 shall be offered (i) to prevent the placement of children in

9 substitute care when the children can be cared for at home or

10 in the custody of the person responsible for the children's

11 welfare, (ii) to reunite children with their families, or

12 (iii) to maintain an adoption or subsidized guardianship.

13 Family preservation services shall only be offered when doing

14 so will not endanger the children's health or safety. With

15 respect to children who are in substitute care pursuant to the

16 Juvenile Court Act of 1987, family preservation services shall

17 not be offered if a goal other than those of subdivisions (A),

18 (B), or (B-1) of subsection (2.3) of Section 2-28 of that Act

19 has been set, except that reunification services may be

20 offered as provided in paragraph (F) of subsection (2.3) of

21 Section 2-28 of that Act. Nothing in this paragraph shall be

22 construed to create a private right of action or claim on the

23 part of any individual or child welfare agency, except that

24 when a child is the subject of an action under Article II of

25 the Juvenile Court Act of 1987 and the child's service plan

26 calls for services to facilitate achievement of the permanency
   SB1504 Enrolled  - 43 - LRB104 09130 KTG 19186 b

1 goal, the court hearing the action under Article II of the

2 Juvenile Court Act of 1987 may order the Department to provide

3 the services set out in the plan, if those services are not

4 provided with reasonable promptness and if those services are

5 available.

6  The Department shall notify the child and the child's

7 family of the Department's responsibility to offer and provide

8 family preservation services as identified in the service

9 plan. The child and the child's family shall be eligible for

10 services as soon as the report is determined to be

11 "indicated". The Department may offer services to any child or

12 family with respect to whom a report of suspected child abuse

13 or neglect has been filed, prior to concluding its

14 investigation under Section 7.12 of the Abused and Neglected

15 Child Reporting Act. However, the child's or family's

16 willingness to accept services shall not be considered in the

17 investigation. The Department may also provide services to any

18 child or family who is the subject of any report of suspected

19 child abuse or neglect or may refer such child or family to

20 services available from other agencies in the community, even

21 if the report is determined to be unfounded, if the conditions

22 in the child's or family's home are reasonably likely to

23 subject the child or family to future reports of suspected

24 child abuse or neglect. Acceptance of such services shall be

25 voluntary. The Department may also provide services to any

26 child or family after completion of a family assessment, as an
   SB1504 Enrolled  - 44 - LRB104 09130 KTG 19186 b

1 alternative to an investigation, as provided under the

2 "differential response program" provided for in subsection

3 (a-5) of Section 7.4 of the Abused and Neglected Child

4 Reporting Act.

5  The Department may, at its discretion except for those

6 children also adjudicated neglected or dependent, accept for

7 care and training any child who has been adjudicated addicted,

8 as a truant minor in need of supervision or as a minor

9 requiring authoritative intervention, under the Juvenile Court

10 Act or the Juvenile Court Act of 1987, but no such child shall

11 be committed to the Department by any court without the

12 approval of the Department. On and after January 1, 2015 (the

13 effective date of Public Act 98-803) and before January 1,

14 2017, a minor charged with a criminal offense under the

15 Criminal Code of 1961 or the Criminal Code of 2012 or

16 adjudicated delinquent shall not be placed in the custody of

17 or committed to the Department by any court, except (i) a minor

18 less than 16 years of age committed to the Department under

19 Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor

20 for whom an independent basis of abuse, neglect, or dependency

21 exists, which must be defined by departmental rule, or (iii) a

22 minor for whom the court has granted a supplemental petition

23 to reinstate wardship pursuant to subsection (2) of Section

24 2-33 of the Juvenile Court Act of 1987. On and after January 1,

25 2017, a minor charged with a criminal offense under the

26 Criminal Code of 1961 or the Criminal Code of 2012 or
    SB1504 Enrolled  - 45 - LRB104 09130 KTG 19186 b

1 adjudicated delinquent shall not be placed in the custody of

2 or committed to the Department by any court, except (i) a minor

3 less than 15 years of age committed to the Department under

4 Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor

5 for whom an independent basis of abuse, neglect, or dependency

6 exists, which must be defined by departmental rule, or (iii) a

7 minor for whom the court has granted a supplemental petition

8 to reinstate wardship pursuant to subsection (2) of Section

9 2-33 of the Juvenile Court Act of 1987. An independent basis

10 exists when the allegations or adjudication of abuse, neglect,

11 or dependency do not arise from the same facts, incident, or

12 circumstances which give rise to a charge or adjudication of

13 delinquency. The Department shall assign a caseworker to

14 attend any hearing involving a youth in the care and custody of

15 the Department who is placed on aftercare release, including

16 hearings involving sanctions for violation of aftercare

17 release conditions and aftercare release revocation hearings.

18  As soon as is possible, the Department shall develop and

19 implement a special program of family preservation services to

20 support intact, relative, foster, and adoptive families who

21 are experiencing extreme hardships due to the difficulty and

22 stress of caring for a child who has been diagnosed with a

23 pervasive developmental disorder if the Department determines

24 that those services are necessary to ensure the health and

25 safety of the child. The Department may offer services to any

26 family whether or not a report has been filed under the Abused
    SB1504 Enrolled  - 46 - LRB104 09130 KTG 19186 b

1 and Neglected Child Reporting Act. The Department may refer

2 the child or family to services available from other agencies

3 in the community if the conditions in the child's or family's

4 home are reasonably likely to subject the child or family to

5 future reports of suspected child abuse or neglect. Acceptance

6 of these services shall be voluntary. The Department shall

7 develop and implement a public information campaign to alert

8 health and social service providers and the general public

9 about these special family preservation services. The nature

10 and scope of the services offered and the number of families

11 served under the special program implemented under this

12 paragraph shall be determined by the level of funding that the

13 Department annually allocates for this purpose. The term

14 "pervasive developmental disorder" under this paragraph means

15 a neurological condition, including, but not limited to,

16 Asperger's Syndrome and autism, as defined in the most recent

17 edition of the Diagnostic and Statistical Manual of Mental

18 Disorders of the American Psychiatric Association.

19  (l-1) The General Assembly recognizes that the best

20 interests of the child require that the child be placed in the

21 most permanent living arrangement that is an appropriate

22 option for the child, consistent with the child's best

23 interest, using the factors set forth in subsection (4.05) of

24 Section 1-3 of the Juvenile Court Act of 1987 as soon as is

25 practically possible. To achieve this goal, the General

26 Assembly directs the Department of Children and Family
    SB1504 Enrolled  - 47 - LRB104 09130 KTG 19186 b

1 Services to conduct concurrent planning so that permanency may

2 occur at the earliest opportunity. Permanent living

3 arrangements may include prevention of placement of a child

4 outside the home of the family when the child can be cared for

5 at home without endangering the child's health or safety;

6 reunification with the family, when safe and appropriate, if

7 temporary placement is necessary; or movement of the child

8 toward the most appropriate living arrangement and legal

9 status.

10  When determining reasonable efforts to be made with

11 respect to a child, as described in this subsection, and in

12 making such reasonable efforts, the child's health and safety

13 shall be the paramount concern.

14  When a child is placed in foster care, the Department

15 shall ensure and document that reasonable efforts were made to

16 prevent or eliminate the need to remove the child from the

17 child's home. The Department must make reasonable efforts to

18 reunify the family when temporary placement of the child

19 occurs unless otherwise required, pursuant to the Juvenile

20 Court Act of 1987. At any time after the dispositional hearing

21 where the Department believes that further reunification

22 services would be ineffective, it may request a finding from

23 the court that reasonable efforts are no longer appropriate.

24 The Department is not required to provide further

25 reunification services after such a finding.

26  A decision to place a child in substitute care shall be
    SB1504 Enrolled  - 48 - LRB104 09130 KTG 19186 b

1 made with considerations of the child's health, safety, and

2 best interests. The Department shall make diligent efforts to

3 place the child with a relative, document those diligent

4 efforts, and document reasons for any failure or inability to

5 secure such a relative placement. If the primary issue

6 preventing an emergency placement of a child with a relative

7 is a lack of resources, including, but not limited to,

8 concrete goods, safety modifications, and services, the

9 Department shall make diligent efforts to assist the relative

10 in obtaining the necessary resources. No later than July 1,

11 2025, the Department shall adopt rules defining what is

12 diligent and necessary in providing supports to potential

13 relative placements. At the time of placement, consideration

14 should also be given so that if reunification fails or is

15 delayed, the placement has the potential to be an appropriate

16 permanent placement for the child.

17  The Department shall adopt rules addressing concurrent

18 planning for reunification and permanency. The Department

19 shall consider the following factors when determining

20 appropriateness of concurrent planning:

21  (1) the likelihood of prompt reunification;

22  (2) the past history of the family;

23  (3) the barriers to reunification being addressed by

24  the family;

25  (4) the level of cooperation of the family;

26  (4.5) the child's wishes;
    SB1504 Enrolled     - 49 - LRB104 09130 KTG 19186 b

1       (5) the caregivers' willingness to work with the

2   family to reunite;

3       (6) the willingness and ability of the caregivers' to

4   provide a permanent placement;

5       (7) the age of the child;

6       (8) placement of siblings; and

7       (9) the wishes of the parent or parents unless the

8   parental preferences are contrary to the best interests of

9   the child.

10  (m) The Department may assume temporary custody of any

11 child if:

12      (1) it has received a written consent to such

13  temporary custody signed by the parents of the child or by

14  the parent having custody of the child if the parents are

15  not living together or by the guardian or custodian of the

16  child if the child is not in the custody of either parent,

17  or

18      (2) the child is found in the State and neither a

19  parent, guardian nor custodian of the child can be

20  located.

21 If the child is found in the child's residence without a

22 parent, guardian, custodian, or responsible caretaker, the

23 Department may, instead of removing the child and assuming

24 temporary custody, place an authorized representative of the

25 Department in that residence until such time as a parent,

26 guardian, or custodian enters the home and expresses a
    SB1504 Enrolled  - 50 - LRB104 09130 KTG 19186 b

1 willingness and apparent ability to ensure the child's health

2 and safety and resume permanent charge of the child, or until a

3 relative enters the home and is willing and able to ensure the

4 child's health and safety and assume charge of the child until

5 a parent, guardian, or custodian enters the home and expresses

6 such willingness and ability to ensure the child's safety and

7 resume permanent charge. After a caretaker has remained in the

8 home for a period not to exceed 12 hours, the Department must

9 follow those procedures outlined in Section 2-9, 3-11, 4-8, or

10 5-415 of the Juvenile Court Act of 1987.

11  The Department shall have the authority, responsibilities

12 and duties that a legal custodian of the child would have

13 pursuant to subsection (9) of Section 1-3 of the Juvenile

14 Court Act of 1987. Whenever a child is taken into temporary

15 custody pursuant to an investigation under the Abused and

16 Neglected Child Reporting Act, or pursuant to a referral and

17 acceptance under the Juvenile Court Act of 1987 of a minor in

18 limited custody, the Department, during the period of

19 temporary custody and before the child is brought before a

20 judicial officer as required by Section 2-9, 3-11, 4-8, or

21 5-415 of the Juvenile Court Act of 1987, shall have the

22 authority, responsibilities and duties that a legal custodian

23 of the child would have under subsection (9) of Section 1-3 of

24 the Juvenile Court Act of 1987.

25  The Department shall ensure that any child taken into

26 custody is scheduled for an appointment for a medical
    SB1504 Enrolled  - 51 - LRB104 09130 KTG 19186 b

1 examination.

2   A parent, guardian, or custodian of a child in the

3 temporary custody of the Department who would have custody of

4 the child if the child were not in the temporary custody of the

5 Department may deliver to the Department a signed request that

6 the Department surrender the temporary custody of the child.

7 The Department may retain temporary custody of the child for

8 10 days after the receipt of the request, during which period

9 the Department may cause to be filed a petition pursuant to the

10 Juvenile Court Act of 1987. If a petition is so filed, the

11 Department shall retain temporary custody of the child until

12 the court orders otherwise. If a petition is not filed within

13 the 10-day period, the child shall be surrendered to the

14 custody of the requesting parent, guardian, or custodian not

15 later than the expiration of the 10-day period, at which time

16 the authority and duties of the Department with respect to the

17 temporary custody of the child shall terminate.

18  (m-1) The Department may place children under 18 years of

19 age in a secure child care facility licensed by the Department

20 that cares for children who are in need of secure living

21 arrangements for their health, safety, and well-being after a

22 determination is made by the facility director and the

23 Director or the Director's designate prior to admission to the

24 facility subject to Section 2-27.1 of the Juvenile Court Act

25 of 1987. This subsection (m-1) does not apply to a child who is

26 subject to placement in a correctional facility operated
   SB1504 Enrolled  - 52 - LRB104 09130 KTG 19186 b

1 pursuant to Section 3-15-2 of the Unified Code of Corrections,

2 unless the child is a youth in care who was placed in the care

3 of the Department before being subject to placement in a

4 correctional facility and a court of competent jurisdiction

5 has ordered placement of the child in a secure care facility.

6  (n) The Department may place children under 18 years of

7 age in licensed child care facilities when in the opinion of

8 the Department, appropriate services aimed at family

9 preservation have been unsuccessful and cannot ensure the

10 child's health and safety or are unavailable and such

11 placement would be for their best interest. Payment for board,

12 clothing, care, training and supervision of any child placed

13 in a licensed child care facility may be made by the

14 Department, by the parents or guardians of the estates of

15 those children, or by both the Department and the parents or

16 guardians, except that no payments shall be made by the

17 Department for any child placed in a licensed child care

18 facility for board, clothing, care, training, and supervision

19 of such a child that exceed the average per capita cost of

20 maintaining and of caring for a child in institutions for

21 dependent or neglected children operated by the Department.

22 However, such restriction on payments does not apply in cases

23 where children require specialized care and treatment for

24 problems of severe emotional disturbance, physical disability,

25 social adjustment, or any combination thereof and suitable

26 facilities for the placement of such children are not
   SB1504 Enrolled           - 53 - LRB104 09130 KTG 19186 b

1 available at payment rates within the limitations set forth in

2 this Section. All reimbursements for services delivered shall

3 be absolutely inalienable by assignment, sale, attachment, or

4 garnishment or otherwise.

5  (n-1) The Department shall provide or authorize child

6 welfare services, aimed at assisting minors to achieve

7 sustainable self-sufficiency as independent adults, for any

8 minor eligible for the reinstatement of wardship pursuant to

9 subsection (2) of Section 2-33 of the Juvenile Court Act of

10 1987, whether or not such reinstatement is sought or allowed,

11 provided that the minor consents to such services and has not

12 yet attained the age of 21. The Department shall have

13 responsibility for the development and delivery of services

14 under this Section. An eligible youth may access services

15 under this Section through the Department of Children and

16 Family Services or by referral from the Department of Human

17 Services. Youth participating in services under this Section

18 shall cooperate with the assigned case manager in developing

19 an agreement identifying the services to be provided and how

20 the youth will increase skills to achieve self-sufficiency. A

21 homeless shelter is not considered appropriate housing for any

22 youth receiving child welfare services under this Section. The

23 Department shall continue child welfare services under this

24 Section to any eligible minor until the minor becomes 21 years

25 of age, no longer consents to participate, or achieves

26 self-sufficiency as identified in the minor's service plan.
    SB1504 Enrolled    - 54 - LRB104 09130 KTG 19186 b

1 The Department of Children and Family Services shall create

2 clear, readable notice of the rights of former foster youth to

3 child welfare services under this Section and how such

4 services may be obtained. The Department of Children and

5 Family Services and the Department of Human Services shall

6 disseminate this information statewide. The Department shall

7 adopt regulations describing services intended to assist

8 minors in achieving sustainable self-sufficiency as

9 independent adults.

10  (o) The Department shall establish an administrative

11 review and appeal process for children and families who

12 request or receive child welfare services from the Department.

13 Youth in care who are placed by private child welfare

14 agencies, and caregivers with whom those youth are placed,

15 shall be afforded the same procedural and appeal rights as

16 children and families in the case of placement by the

17 Department, including the right to an initial review of a

18 private agency decision by that agency. The Department shall

19 ensure that any private child welfare agency, which accepts

20 youth in care for placement, affords those rights to children

21 and caregivers with whom those children are placed. The

22 Department shall accept for administrative review and an

23 appeal hearing a complaint made by (i) a child or caregiver

24 with whom the child is placed concerning a decision following

25 an initial review by a private child welfare agency or (ii) a

26 prospective adoptive parent who alleges a violation of
    SB1504 Enrolled  - 55 - LRB104 09130 KTG 19186 b

1 subsection (j-5) of this Section. An appeal of a decision

2 concerning a change in the placement of a child shall be

3 conducted in an expedited manner. A court determination that a

4 current placement is necessary and appropriate under Section

5 2-28 of the Juvenile Court Act of 1987 does not constitute a

6 judicial determination on the merits of an administrative

7 appeal, filed by a former caregiver, involving a change of

8 placement decision. No later than July 1, 2025, the Department

9 shall adopt rules to develop a reconsideration process to

10 review: a denial of certification of a relative, a denial of

11 placement with a relative, and a denial of visitation with an

12 identified relative. Rules shall include standards and

13 criteria for reconsideration that incorporate the best

14 interests of the child under subsection (4.05) of Section 1-3

15 of the Juvenile Court Act of 1987, address situations where

16 multiple relatives seek certification, and provide that all

17 rules regarding placement changes shall be followed. The rules

18 shall outline the essential elements of each form used in the

19 implementation and enforcement of the provisions of this

20 amendatory Act of the 103rd General Assembly.

21  (p) (Blank).

22  (q) The Department may receive and use, in their entirety,

23 for the benefit of children any gift, donation, or bequest of

24 money or other property which is received on behalf of such

25 children, or any financial benefits to which such children are

26 or may become entitled while under the jurisdiction or care of
    SB1504 Enrolled           - 56 - LRB104 09130 KTG 19186 b

1 the Department, except that the benefits described in Section

2 5.46 must be used and conserved consistent with the provisions

3 under Section 5.46.

4   The Department shall set up and administer no-cost,

5 interest-bearing accounts in appropriate financial

6 institutions for children for whom the Department is legally

7 responsible and who have been determined eligible for

8 Veterans' Benefits, Social Security benefits, assistance

9 allotments from the armed forces, court ordered payments,

10 parental voluntary payments, Supplemental Security Income,

11 Railroad Retirement payments, Black Lung benefits, or other

12 miscellaneous payments. Interest earned by each account shall

13 be credited to the account, unless disbursed in accordance

14 with this subsection.

15  In disbursing funds from children's accounts, the

16 Department shall:

17  (1) Establish standards in accordance with State and

18  federal laws for disbursing money from children's

19  accounts. In all circumstances, the Department's

20  Guardianship Administrator or the Guardianship

21  Administrator's designee must approve disbursements from

22  children's accounts. The Department shall be responsible

23  for keeping complete records of all disbursements for each

24  account for any purpose.

25  (2) Calculate on a monthly basis the amounts paid from

26  State funds for the child's board and care, medical care
    SB1504 Enrolled  - 57 - LRB104 09130 KTG 19186 b

1   not covered under Medicaid, and social services; and

2   utilize funds from the child's account, as covered by

3   regulation, to reimburse those costs. Monthly,

4   disbursements from all children's accounts, up to 1/12 of

5   $13,000,000, shall be deposited by the Department into the

6   General Revenue Fund and the balance over 1/12 of

7   $13,000,000 into the DCFS Children's Services Fund.

8   (3) Maintain any balance remaining after reimbursing

9   for the child's costs of care, as specified in item (2).

10  The balance shall accumulate in accordance with relevant

11  State and federal laws and shall be disbursed to the child

12  or the child's guardian or to the issuing agency.

13  (r) The Department shall promulgate regulations

14 encouraging all adoption agencies to voluntarily forward to

15 the Department or its agent names and addresses of all persons

16 who have applied for and have been approved for adoption of a

17 hard-to-place child or child with a disability and the names

18 of such children who have not been placed for adoption. A list

19 of such names and addresses shall be maintained by the

20 Department or its agent, and coded lists which maintain the

21 confidentiality of the person seeking to adopt the child and

22 of the child shall be made available, without charge, to every

23 adoption agency in the State to assist the agencies in placing

24 such children for adoption. The Department may delegate to an

25 agent its duty to maintain and make available such lists. The

26 Department shall ensure that such agent maintains the
    SB1504 Enrolled  - 58 - LRB104 09130 KTG 19186 b

1 confidentiality of the person seeking to adopt the child and

2 of the child.

3   (s) The Department of Children and Family Services may

4 establish and implement a program to reimburse caregivers

5 licensed, certified, or otherwise approved by the Department

6 of Children and Family Services for damages sustained by the

7 caregivers as a result of the malicious or negligent acts of

8 children placed by the Department, as well as providing third

9 party coverage for such caregivers with regard to actions of

10 children placed by the Department to other individuals. Such

11 coverage will be secondary to the caregiver's liability

12 insurance policy, if applicable. The program shall be funded

13 through appropriations from the General Revenue Fund,

14 specifically designated for such purposes.

15  (t) The Department shall perform home studies and

16 investigations and shall exercise supervision over visitation

17 as ordered by a court pursuant to the Illinois Marriage and

18 Dissolution of Marriage Act or the Adoption Act only if:

19  (1) an order entered by an Illinois court specifically

20  directs the Department to perform such services; and

21  (2) the court has ordered one or both of the parties to

22  the proceeding to reimburse the Department for its

23  reasonable costs for providing such services in accordance

24  with Department rules, or has determined that neither

25  party is financially able to pay.

26  The Department shall provide written notification to the
    SB1504 Enrolled  - 59 - LRB104 09130 KTG 19186 b

1 court of the specific arrangements for supervised visitation

2 and projected monthly costs within 60 days of the court order.

3 The Department shall send to the court information related to

4 the costs incurred except in cases where the court has

5 determined the parties are financially unable to pay. The

6 court may order additional periodic reports as appropriate.

7   (u) In addition to other information that must be

8 provided, whenever the Department places a child with a

9 prospective adoptive parent or parents, in a licensed foster

10 home, group home, or child care institution, in a relative

11 home, or in a certified relative caregiver home, the

12 Department shall provide to the caregiver, appropriate

13 facility staff, or prospective adoptive parent or parents:

14       (1) available detailed information concerning the

15  child's educational and health history, copies of

16  immunization records (including insurance and medical card

17  information), a history of the child's previous

18  placements, if any, and reasons for placement changes

19  excluding any information that identifies or reveals the

20  location of any previous caregiver or adoptive parents;

21       (2) a copy of the child's portion of the client

22  service plan, including any visitation arrangement, and

23  all amendments or revisions to it as related to the child;

24  and

25       (3) information containing details of the child's

26  individualized educational plan when the child is
    SB1504 Enrolled  - 60 - LRB104 09130 KTG 19186 b

1   receiving special education services.

2   The caregiver, appropriate facility staff, or prospective

3 adoptive parent or parents, shall be informed of any known

4 social or behavioral information (including, but not limited

5 to, criminal background, fire setting, perpetuation of sexual

6 abuse, destructive behavior, and substance abuse) necessary to

7 care for and safeguard the children to be placed or currently

8 in the home or setting. The Department may prepare a written

9 summary of the information required by this paragraph, which

10 may be provided to the caregiver, appropriate facility staff,

11 or prospective adoptive parent in advance of a placement. The

12 caregiver, appropriate facility staff, or prospective adoptive

13 parent may review the supporting documents in the child's file

14 in the presence of casework staff. In the case of an emergency

15 placement, casework staff shall at least provide known

16 information verbally, if necessary, and must subsequently

17 provide the information in writing as required by this

18 subsection.

19  The information described in this subsection shall be

20 provided in writing. In the case of emergency placements when

21 time does not allow prior review, preparation, and collection

22 of written information, the Department shall provide such

23 information as it becomes available. Within 10 business days

24 after placement, the Department shall obtain from the

25 caregiver, appropriate facility staff, or prospective adoptive

26 parent or parents a signed verification of receipt of the
    SB1504 Enrolled       - 61 - LRB104 09130 KTG 19186 b

1 information provided. Within 10 business days after placement,

2 the Department shall provide to the child's guardian ad litem

3 a copy of the information provided to the caregiver,

4 appropriate facility staff, or prospective adoptive parent or

5 parents. The information provided to the caregiver,

6 appropriate facility staff, or prospective adoptive parent or

7 parents shall be reviewed and approved regarding accuracy at

8 the supervisory level.

9   (u-5) Beginning July 1, 2025, certified relative caregiver

10 homes under Section 3.4 of the Child Care Act of 1969 shall be

11 eligible to receive foster care maintenance payments from the

12 Department in an amount no less than payments made to licensed

13 foster family homes. Beginning July 1, 2025, relative homes

14 providing care to a child placed by the Department that are not

15 a certified relative caregiver home under Section 3.4 of the

16 Child Care Act of 1969 or a licensed foster family home shall

17 be eligible to receive payments from the Department in an

18 amount no less 90% of the payments made to licensed foster

19 family homes and certified relative caregiver homes.

20  (u-6) To assist relative and certified relative

21 caregivers, no later than July 1, 2025, the Department shall

22 adopt rules to implement a relative support program, as

23 follows:

24  (1) For relative and certified relative caregivers,

25  the Department is authorized to reimburse or prepay

26  reasonable expenditures to remedy home conditions
    SB1504 Enrolled     - 62 - LRB104 09130 KTG 19186 b

1   necessary to fulfill the home safety-related requirements

2   of relative caregiver homes.

3   (2) The Department may provide short-term emergency

4   funds to relative and certified relative caregiver homes

5   experiencing extreme hardships due to the difficulty and

6   stress associated with adding youth in care as new

7   household members.

8   (3) Consistent with federal law, the Department shall

9   include in any State Plan made in accordance with the

10  Adoption Assistance and Child Welfare Act of 1980, Titles

11  IV-E and XIX of the Social Security Act, and any other

12  applicable federal laws the provision of kinship navigator

13  program services. The Department shall apply for and

14  administer all relevant federal aid in accordance with

15  law. Federal funds acquired for the kinship navigator

16  program shall be used for the development, implementation,

17  and operation of kinship navigator program services. The

18  kinship navigator program services may provide

19  information, referral services, support, and assistance to

20  relative and certified relative caregivers of youth in

21  care to address their unique needs and challenges. Until

22  the Department is approved to receive federal funds for

23  these purposes, the Department shall publicly post on the

24  Department's website semi-annual updates regarding the

25  Department's progress in pursuing federal funding.

26  Whenever the Department publicly posts these updates on
    SB1504 Enrolled              - 63 - LRB104 09130 KTG 19186 b

1   its website, the Department shall notify the General

2   Assembly through the General Assembly's designee.

3   (u-7) To support finding permanency for children through

4 subsidized guardianship and adoption and to prevent disruption

5 in guardianship and adoptive placements, the Department shall

6 establish and maintain accessible subsidized guardianship and

7 adoption support services for all children under 18 years of

8 age placed in guardianship or adoption who, immediately

9 preceding the guardianship or adoption, were in the custody or

10 guardianship of the Department under Article II of the

11 Juvenile Court Act of 1987.

12  The Department shall establish and maintain a toll-free

13 number to respond to requests from the public about its

14 subsidized guardianship and adoption support services under

15 this subsection and shall staff the toll-free number so that

16 calls are answered on a timely basis, but in no event more than

17 one business day after the receipt of a request. These

18 requests from the public may be made anonymously. To meet this

19 obligation, the Department may utilize the same toll-free

20 number the Department operates to respond to post-adoption

21 requests under subsection (b-5) of Section 18.9 of the

22 Adoption Act. The Department shall publicize information about

23 the Department's subsidized guardianship support services and

24 toll-free number as follows:

25  (1) it shall post information on the Department's

26  website;
    SB1504 Enrolled  - 64 - LRB104 09130 KTG 19186 b

1   (2) it shall provide the information to every licensed

2   child welfare agency and any entity providing subsidized

3   guardianship support services in Illinois courts;

4   (3) it shall reference such information in the

5   materials the Department provides to caregivers pursuing

6   subsidized guardianship to inform them of their rights and

7   responsibilities under the Child Care Act of 1969 and this

8   Act;

9   (4) it shall provide the information, including the

10  Department's Post Adoption and Guardianship Services

11  booklet, to eligible caregivers as part of its

12  guardianship training and at the time they are presented

13  with the Permanency Commitment form;

14  (5) it shall include, in each annual notification

15  letter mailed to subsidized guardians, a short, 2-sided

16  flier or news bulletin in plain language that describes

17  access to post-guardianship services, how to access

18  services under the Family Support Program, formerly known

19  as the Individual Care Grant Program, the webpage address

20  to the Post Adoption and Guardianship Services booklet,

21  information on how to request that a copy of the booklet be

22  mailed; and

23  (6) it shall ensure that kinship navigator programs of

24  this State, when established, have this information to

25  include in materials the programs provide to caregivers.

26  No later than July 1, 2026, the Department shall provide a
    SB1504 Enrolled  - 65 - LRB104 09130 KTG 19186 b

1 mechanism for the public to make information requests by

2 electronic means.

3   The Department shall review and update annually all

4 information relating to its subsidized guardianship support

5 services, including its Post Adoption and Guardianship

6 Services booklet, to include updated information on Family

7 Support Program services eligibility and subsidized

8 guardianship support services that are available through the

9 medical assistance program established under Article V of the

10 Illinois Public Aid Code or any other State program for mental

11 health services. The Department and the Department of

12 Healthcare and Family Services shall coordinate their efforts

13 in the development of these resources.

14  Every licensed child welfare agency and any entity

15 providing kinship navigator programs funded by the Department

16 shall provide the Department's website address and link to the

17 Department's subsidized guardianship support services

18 information set forth in subsection (d), including the

19 Department's toll-free number, to every relative who is or

20 will be providing guardianship placement for a child placed by

21 the Department.

22  (v) The Department shall access criminal history record

23 information as defined in the Illinois Uniform Conviction

24 Information Act and information maintained in the adjudicatory

25 and dispositional record system as defined in Section 2605-355

26 of the Illinois State Police Law if the Department determines
    SB1504 Enrolled  - 66 - LRB104 09130 KTG 19186 b

1 the information is necessary to perform its duties under the

2 Abused and Neglected Child Reporting Act, the Child Care Act

3 of 1969, and the Children and Family Services Act. The

4 Department shall provide for interactive computerized

5 communication and processing equipment that permits direct

6 on-line communication with the Illinois State Police's central

7 criminal history data repository. The Department shall comply

8 with all certification requirements and provide certified

9 operators who have been trained by personnel from the Illinois

10 State Police. In addition, one Office of the Inspector General

11 investigator shall have training in the use of the criminal

12 history information access system and have access to the

13 terminal. The Department of Children and Family Services and

14 its employees shall abide by rules and regulations established

15 by the Illinois State Police relating to the access and

16 dissemination of this information.

17  (v-1) Prior to final approval for placement of a child

18 with a foster or adoptive parent, the Department shall conduct

19 a criminal records background check of the prospective foster

20 or adoptive parent, including fingerprint-based checks of

21 national crime information databases. Final approval for

22 placement shall not be granted if the record check reveals a

23 felony conviction for child abuse or neglect, for spousal

24 abuse, for a crime against children, or for a crime involving

25 violence, including rape, sexual assault, or homicide, but not

26 including other physical assault or battery, or if there is a
    SB1504 Enrolled             - 67 - LRB104 09130 KTG 19186 b

1 felony conviction for physical assault, battery, or a

2 drug-related offense committed within the past 5 years.

3   (v-2) Prior to final approval for placement of a child

4 with a foster or adoptive parent, the Department shall check

5 its child abuse and neglect registry for information

6 concerning prospective foster and adoptive parents, and any

7 adult living in the home. If any prospective foster or

8 adoptive parent or other adult living in the home has resided

9 in another state in the preceding 5 years, the Department

10 shall request a check of that other state's child abuse and

11 neglect registry.

12  (v-3) Prior to the final approval of final placement of a

13 related child in a certified relative caregiver home as

14 defined in Section 2.37 of the Child Care Act of 1969, the

15 Department shall ensure that the background screening meets

16 the standards required under subsection (c) of Section 3.4 of

17 the Child Care Act of 1969.

18  (v-4) Prior to final approval for placement of a child

19 with a relative, as defined in Section 4d of this Act, who is

20 not a licensed foster parent, has declined to seek approval to

21 be a certified relative caregiver, or was denied approval as a

22 certified relative caregiver, the Department shall:

23  (i) check the child abuse and neglect registry for

24  information concerning the prospective relative caregiver

25  and any other adult living in the home. If any prospective

26  relative caregiver or other adult living in the home has
    SB1504 Enrolled  - 68 - LRB104 09130 KTG 19186 b

1   resided in another state in the preceding 5 years, the

2   Department shall request a check of that other state's

3   child abuse and neglect registry; and

4   (ii) conduct a criminal records background check of

5   the prospective relative caregiver and all other adults

6   living in the home, including fingerprint-based checks of

7   national crime information databases. Final approval for

8   placement shall not be granted if the record check reveals

9   a felony conviction for child abuse or neglect, for

10  spousal abuse, for a crime against children, or for a

11  crime involving violence, including rape, sexual assault,

12  or homicide, but not including other physical assault or

13  battery, or if there is a felony conviction for physical

14  assault, battery, or a drug-related offense committed

15  within the past 5 years; provided however, that the

16  Department is empowered to grant a waiver as the

17  Department may provide by rule, and the Department

18  approves the request for the waiver based on a

19  comprehensive evaluation of the caregiver and household

20  members and the conditions relating to the safety of the

21  placement.

22  No later than July 1, 2025, the Department shall adopt

23 rules or revise existing rules to effectuate the changes made

24 to this subsection (v-4). The rules shall outline the

25 essential elements of each form used in the implementation and

26 enforcement of the provisions of this amendatory Act of the
    SB1504 Enrolled          - 69 - LRB104 09130 KTG 19186 b

1 103rd General Assembly.

2   (w) (Blank).

3   (x) The Department shall conduct annual credit history

4 checks to determine the financial history of children placed

5 under its guardianship pursuant to the Juvenile Court Act of

6 1987. The Department shall conduct such credit checks starting

7 when a youth in care turns 12 years old and each year

8 thereafter for the duration of the guardianship as terminated

9 pursuant to the Juvenile Court Act of 1987. The Department

10 shall determine if financial exploitation of the child's

11 personal information has occurred. If financial exploitation

12 appears to have taken place or is presently ongoing, the

13 Department shall notify the proper law enforcement agency, the

14 proper State's Attorney, or the Attorney General.

15  (y) Beginning on July 22, 2010 (the effective date of

16 Public Act 96-1189), a child with a disability who receives

17 residential and educational services from the Department shall

18 be eligible to receive transition services in accordance with

19 Article 14 of the School Code from the age of 14.5 through age

20 21, inclusive, notwithstanding the child's residential

21 services arrangement. For purposes of this subsection, "child

22 with a disability" means a child with a disability as defined

23 by the federal Individuals with Disabilities Education

24 Improvement Act of 2004.

25  (z) The Department shall access criminal history record

26 information as defined as "background information" in this
    SB1504 Enrolled  - 70 - LRB104 09130 KTG 19186 b

1 subsection and criminal history record information as defined

2 in the Illinois Uniform Conviction Information Act for each

3 Department employee or Department applicant. Each Department

4 employee or Department applicant shall submit the employee's

5 or applicant's fingerprints to the Illinois State Police in

6 the form and manner prescribed by the Illinois State Police.

7 These fingerprints shall be checked against the fingerprint

8 records now and hereafter filed in the Illinois State Police

9 and the Federal Bureau of Investigation criminal history

10 records databases. The Illinois State Police shall charge a

11 fee for conducting the criminal history record check, which

12 shall be deposited into the State Police Services Fund and

13 shall not exceed the actual cost of the record check. The

14 Illinois State Police shall furnish, pursuant to positive

15 identification, all Illinois conviction information to the

16 Department of Children and Family Services.

17  For purposes of this subsection:

18  "Background information" means all of the following:

19  (i) Upon the request of the Department of Children and

20  Family Services, conviction information obtained from the

21  Illinois State Police as a result of a fingerprint-based

22  criminal history records check of the Illinois criminal

23  history records database and the Federal Bureau of

24  Investigation criminal history records database concerning

25  a Department employee or Department applicant.

26  (ii) Information obtained by the Department of
    SB1504 Enrolled        - 71 - LRB104 09130 KTG 19186 b

1   Children and Family Services after performing a check of

2   the Illinois State Police's Sex Offender Database, as

3   authorized by Section 120 of the Sex Offender Community

4   Notification Law, concerning a Department employee or

5   Department applicant.

6   (iii) Information obtained by the Department of

7   Children and Family Services after performing a check of

8   the Child Abuse and Neglect Tracking System (CANTS)

9   operated and maintained by the Department.

10  "Department employee" means a full-time or temporary

11 employee coded or certified within the State of Illinois

12 Personnel System.

13  "Department applicant" means an individual who has

14 conditional Department full-time or part-time work, a

15 contractor, an individual used to replace or supplement staff,

16 an academic intern, a volunteer in Department offices or on

17 Department contracts, a work-study student, an individual or

18 entity licensed by the Department, or an unlicensed service

19 provider who works as a condition of a contract or an agreement

20 and whose work may bring the unlicensed service provider into

21 contact with Department clients or client records.

22 (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;

23 102-1014, eff. 5-27-22; 103-22, eff. 8-8-23; 103-50, eff.

24 1-1-24; 103-546, eff. 8-11-23; 103-605, eff. 7-1-24; 103-1061,

25 eff. 7-1-25.)
    SB1504 Enrolled          - 72 - LRB104 09130 KTG 19186 b

1   (20 ILCS 505/35.10)

2   Sec. 35.10. Successful transitions to and documents

3 necessary for adult living. Documents necessary for adult

4 living.

5   (a) The Department shall make reasonable efforts to

6 develop an age and developmentally appropriate individualized

7 youth-driven transition plan for each youth in care aged 15

8 and over to help such youth develop and strengthen those life

9 skills that lead to successful adult living. As applicable,

10 based on the minor's age and developmental appropriateness,

11 the youth-driven transition plan shall address the following

12 areas:

13         (1) assessment and development of life skills;

14         (2) education;

15         (3) post high school goals;

16         (4) driver's education;

17         (5) participation in extracurricular activities;

18         (6) internships;

19         (7) employment;

20         (8) housing;

21         (9) mental and physical health and well-being;

22         (10) financial stability;

23         (11) connections to supportive adults and peers;

24         (12) transition to adult services;

25         (13) documents necessary for adult living as provided

26  in subsection (b); and
    SB1504 Enrolled  - 73 - LRB104 09130 KTG 19186 b

1   (14) childcare and parenting supports.

2   The Department shall include the youth-driven transition

3 plan in the youth's service plan. The Department shall make

4 reasonable efforts to assist the youth in accomplishing the

5 plan, to develop strategies to resolve barriers, and to ensure

6 the youth is aware of any post-case closure supports and

7 services and how to access such supports and services.

8   (b) The Department shall assist a youth in care in

9 identifying and obtaining documents necessary to function as

10 an independent adult prior to the closure of the youth's case

11 to terminate wardship as provided in Section 2-31 of the

12 Juvenile Court Act of 1987. These necessary documents shall

13 include, but not be limited to, any of the following:

14  (1) State identification card or driver's license.

15  (2) Social Security card.

16  (3) Medical records, including, but not limited to,

17  health passport, dental records, immunization records,

18  name and contact information for all current medical,

19  dental, and mental health providers, and a signed

20  certification that the Department provided the youth with

21  education on executing a healthcare power of attorney.

22  (4) Medicaid card or other health eligibility

23  documentation.

24  (5) Certified copy of birth certificate.

25  (6) Any applicable religious documents.

26  (7) Voter registration card.
    SB1504 Enrolled        - 74 - LRB104 09130 KTG 19186 b

1   (8) Immigration, citizenship, or naturalization

2   documentation, if applicable.

3   (9) Death certificates of parents, if applicable.

4   (10) Life book or compilation of personal history and

5   photographs.

6   (11) List of known relatives and persons willing to

7   provide supports to the youth with relationships,

8   addresses, telephone numbers, and other contact

9   information, with the permission of the involved relative

10  or supportive person.

11  (12) Resume.

12  (13) Educational records, including list of schools

13  attended, and transcript, high school diploma, or State of

14  Illinois High School Diploma.

15  (14) List of placements while in care.

16  (15) List of community resources with referral

17  information, including the Midwest Adoption Center for

18  search and reunion services for former youth in care,

19  whether or not they were adopted, and the Illinois Chapter

20  of Foster Care Alumni of America.

21  (16) All documents necessary to complete a Free

22  Application for Federal Student Aid form, if applicable,

23  or an application for State financial aid.

24  (17) If applicable, a final accounting of the account

25  maintained on behalf of the youth as provided under

26  Section 5.46.
    SB1504 Enrolled           - 75 - LRB104 09130 KTG 19186 b

1 If a court determines that a youth in care no longer requires
2 wardship of the court and orders the wardship terminated and
3 all proceedings under the Juvenile Court Act of 1987
4 respecting the youth in care finally closed and discharged,
5 the Department shall ensure that the youth in care receives a
6 copy of the court's order.
7 (Source: P.A. 102-70, eff. 1-1-22; 102-1014, eff. 5-27-22;
8 102-1100, eff. 1-1-23; 103-154, eff. 6-30-23.)

9   Section 10. The Juvenile Court Act of 1987 is amended by

10 changing Sections 2-28, 2-33, and 5-745 and by adding Section

11 2-28.2 as follows:

12  (705 ILCS 405/2-28)

13  Sec. 2-28. Court review.

14  (1) The court may require any legal custodian or guardian

15 of the person appointed under this Act to report periodically

16 to the court or may cite the legal custodian or guardian into

17 court and require the legal custodian, guardian, or the legal

18 custodian's or guardian's agency to make a full and accurate

19 report of the doings of the legal custodian, guardian, or

20 agency on behalf of the minor. The custodian or guardian,

21 within 10 days after such citation, or earlier if the court

22 determines it to be necessary to protect the health, safety,

23 or welfare of the minor, shall make the report, either in

24 writing verified by affidavit or orally under oath in open
    SB1504 Enrolled  - 76 - LRB104 09130 KTG 19186 b

1 court, or otherwise as the court directs. Upon the hearing of

2 the report the court may remove the custodian or guardian and

3 appoint another in the custodian's or guardian's stead or

4 restore the minor to the custody of the minor's parents or

5 former guardian or custodian. However, custody of the minor

6 shall not be restored to any parent, guardian, or legal

7 custodian in any case in which the minor is found to be

8 neglected or abused under Section 2-3 or dependent under

9 Section 2-4 of this Act, unless the minor can be cared for at

10 home without endangering the minor's health or safety and it

11 is in the best interests of the minor, and if such neglect,

12 abuse, or dependency is found by the court under paragraph (1)

13 of Section 2-21 of this Act to have come about due to the acts

14 or omissions or both of such parent, guardian, or legal

15 custodian, until such time as an investigation is made as

16 provided in paragraph (5) and a hearing is held on the issue of

17 the fitness of such parent, guardian, or legal custodian to

18 care for the minor and the court enters an order that such

19 parent, guardian, or legal custodian is fit to care for the

20 minor.

21  (1.5) The public agency that is the custodian or guardian

22 of the minor shall file a written report with the court no

23 later than 15 days after a minor in the agency's care remains:

24         (1) in a shelter placement beyond 30 days;

25         (2) in a psychiatric hospital past the time when the

26  minor is clinically ready for discharge or beyond medical
    SB1504 Enrolled  - 77 - LRB104 09130 KTG 19186 b

1   necessity for the minor's health; or

2   (3) in a detention center or Department of Juvenile

3   Justice facility solely because the public agency cannot

4   find an appropriate placement for the minor.

5   The report shall explain the steps the agency is taking to

6 ensure the minor is placed appropriately, how the minor's

7 needs are being met in the minor's shelter placement, and if a

8 future placement has been identified by the Department, why

9 the anticipated placement is appropriate for the needs of the

10 minor and the anticipated placement date.

11  (1.6) Within 30 days after placing a child in its care in a

12 qualified residential treatment program, as defined by the

13 federal Social Security Act, the Department of Children and

14 Family Services shall prepare a written report for filing with

15 the court and send copies of the report to all parties. Within

16 20 days of the filing of the report, or as soon thereafter as

17 the court's schedule allows but not more than 60 days from the

18 date of placement, the court shall hold a hearing to consider

19 the Department's report and determine whether placement of the

20 child in a qualified residential treatment program provides

21 the most effective and appropriate level of care for the child

22 in the least restrictive environment and if the placement is

23 consistent with the short-term and long-term goals for the

24 child, as specified in the permanency plan for the child. The

25 court shall approve or disapprove the placement. If

26 applicable, the requirements of Sections 2-27.1 and 2-27.2
    SB1504 Enrolled         - 78 - LRB104 09130 KTG 19186 b

1 must also be met. The Department's written report and the

2 court's written determination shall be included in and made

3 part of the case plan for the child. If the child remains

4 placed in a qualified residential treatment program, the

5 Department shall submit evidence at each status and permanency

6 hearing:

7   (A) demonstrating that on-going assessment of the

8   strengths and needs of the child continues to support the

9   determination that the child's needs cannot be met through

10  placement in a foster family home, that the placement

11  provides the most effective and appropriate level of care

12  for the child in the least restrictive, appropriate

13  environment, and that the placement is consistent with the

14  short-term and long-term permanency goal for the child, as

15  specified in the permanency plan for the child;

16  (B) documenting the specific treatment or service

17  needs that should be met for the child in the placement and

18  the length of time the child is expected to need the

19  treatment or services;

20  (C) detailing the efforts made by the agency to

21  prepare the child to return home or to be placed with a fit

22  and willing relative, a legal guardian, or an adoptive

23  parent, or in a foster family home; and

24  (D) beginning July 1, 2025, documenting the

25  Department's efforts regarding ongoing family finding and

26  relative engagement required under Section 2-27.3; and .
   SB1504 Enrolled   - 79 - LRB104 09130 KTG 19186 b

1  (E) detailing efforts to ensure the minor is engaged

2  in age and developmentally appropriate activities to

3  develop life skills, which may include extracurricular

4  activities, coaching by caregivers, or instruction in

5  individual or group settings. For minors who have

6  participated in life skills assessments, the results of

7  such assessments and how the minor's identified needs are

8  being addressed.

9  (2) The first permanency hearing shall be conducted by the

10 judge. Subsequent permanency hearings may be heard by a judge

11 or by hearing officers appointed or approved by the court in

12 the manner set forth in Section 2-28.1 of this Act. The initial

13 hearing shall be held (a) within 12 months from the date

14 temporary custody was taken, regardless of whether an

15 adjudication or dispositional hearing has been completed

16 within that time frame, (b) if the parental rights of both

17 parents have been terminated in accordance with the procedure

18 described in subsection (5) of Section 2-21, within 30 days of

19 the order for termination of parental rights and appointment

20 of a guardian with power to consent to adoption, or (c) in

21 accordance with subsection (2) of Section 2-13.1. Subsequent

22 permanency hearings shall be held every 6 months or more

23 frequently if necessary in the court's determination following

24 the initial permanency hearing, in accordance with the

25 standards set forth in this Section, until the court

26 determines that the plan and goal have been achieved. Once the
    SB1504 Enrolled  - 80 - LRB104 09130 KTG 19186 b

1 plan and goal have been achieved, if the minor remains in

2 substitute care, the case shall be reviewed at least every 6

3 months thereafter, subject to the provisions of this Section,

4 unless the minor is placed in the guardianship of a suitable

5 relative or other person and the court determines that further

6 monitoring by the court does not further the health, safety,

7 or best interest of the child and that this is a stable

8 permanent placement. The permanency hearings must occur within

9 the time frames set forth in this subsection and may not be

10 delayed in anticipation of a report from any source or due to

11 the agency's failure to timely file its written report (this

12 written report means the one required under the next paragraph

13 and does not mean the service plan also referred to in that

14 paragraph).

15  The public agency that is the custodian or guardian of the

16 minor, or another agency responsible for the minor's care,

17 shall ensure that all parties to the permanency hearings are

18 provided a copy of the most recent service plan prepared

19 within the prior 6 months at least 14 days in advance of the

20 hearing. If not contained in the agency's service plan, the

21 agency shall also include a report setting forth the

22 following:

23  (A) any special physical, psychological, educational,

24  medical, emotional, or other needs of the minor or the

25  minor's family that are relevant to a permanency or

26  placement determination, and for any minor age 16 or over,
    SB1504 Enrolled  - 81 - LRB104 09130 KTG 19186 b

1   a written description of the programs and services that

2   will enable the minor to prepare for independent living;

3   (B) beginning July 1, 2025, a written description of

4   ongoing family finding and relative engagement efforts in

5   accordance with the requirements under Section 2-27.3 the

6   agency has undertaken since the most recent report to the

7   court to plan for the emotional and legal permanency of

8   the minor;

9   (C) whether a minor is placed in a licensed child care

10  facility under a corrective plan by the Department due to

11  concerns impacting the minor's safety and well-being. The

12  report shall explain the steps the Department is taking to

13  ensure the safety and well-being of the minor and that the

14  minor's needs are met in the facility;

15  (D) detail regarding what progress or lack of progress

16  the parent has made in correcting the conditions requiring

17  the child to be in care; whether the child can be returned

18  home without jeopardizing the child's health, safety, and

19  welfare, what permanency goal is recommended to be in the

20  best interests of the child, and the reasons for the

21  recommendation. If a permanency goal under paragraph (A),

22  (B), or (B-1) of subsection (2.3) have been deemed

23  inappropriate and not in the minor's best interest, the

24  report must include the following information:

25  (i) confirmation that the caseworker has discussed

26  the permanency options and subsidies available for
    SB1504 Enrolled  - 82 - LRB104 09130 KTG 19186 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.
    SB1504 Enrolled   - 83 - LRB104 09130 KTG 19186 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 child. The court shall set one of

8 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.
    SB1504 Enrolled          - 84 - LRB104 09130 KTG 19186 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), or (G) for the minor as appropriate and

5   based on the best interests of the minor. The court shall

6   determine the appropriate goal for the minor based on best

7   interest factors and any considerations outlined in that

8   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 child values

22  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
    SB1504 Enrolled   - 85 - LRB104 09130 KTG 19186 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 child values

21  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
    SB1504 Enrolled       - 86 - LRB104 09130 KTG 19186 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 child's best interests.
    SB1504 Enrolled        - 87 - LRB104 09130 KTG 19186 b

1   In selecting any permanency goal, the court shall indicate

2 in writing the reasons the goal was selected and why the

3 preceding goals were deemed inappropriate and not in the

4 child's best interest. Where the court has selected a

5 permanency goal other than (A), (B), or (B-1), the Department

6 of Children and Family Services shall not provide further

7 reunification services, except as provided in paragraph (F) of

8 this subsection (2.3), but shall provide services consistent

9 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 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 child does not wish to be adopted or to

23  be placed in the guardianship of the minor's

24  relative, certified relative caregiver, or foster

25  care placement;

26                   (b) the child exhibits an extreme level of
    SB1504 Enrolled      - 88 - LRB104 09130 KTG 19186 b

1   need such that the removal of the child from the

2   minor's placement would be detrimental to the

3   child; or

4                    (c) the 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 child's sibling relationship, taking

9   into consideration the nature and extent of the

10  relationship, and whether ongoing contact is in

11  the subject child's best interest, including

12  long-term emotional interest, as compared with the

13  legal and emotional benefit of permanence;

14  (4) The child has lived with the relative,

15  certified relative caregiver, or foster parent for at

16  least one year; and

17  (5) The relative, certified relative caregiver, or

18  foster parent currently caring for the child is

19  willing and capable of providing the child with a

20  stable and permanent environment.

21  (2.4) The court shall set a permanency goal that is in the

22 best interest of the child. In determining that goal, the

23 court shall consult with the minor in an age-appropriate

24 manner regarding the proposed permanency or transition plan

25 for the minor. The court's determination shall include the

26 following factors:
    SB1504 Enrolled          - 89 - LRB104 09130 KTG 19186 b

1   (A) Age of the child.

2   (B) Options available for permanence, including both

3   out-of-state and in-state placement options.

4   (C) Current placement of the child and the intent of

5   the family regarding subsidized guardianship and adoption.

6   (D) Emotional, physical, and mental status or

7   condition of the child.

8   (E) Types of services previously offered and whether

9   or not the services were successful and, if not

10  successful, the reasons the services failed.

11  (F) Availability of services currently needed and

12  whether the services exist.

13  (G) Status of siblings of the minor.

14  (H) If the minor is not currently in a placement

15  likely to achieve permanency, whether there is an

16  identified and willing potential permanent caregiver for

17  the minor, and if so, that potential permanent caregiver's

18  intent regarding guardianship and adoption.

19  The court shall consider (i) the permanency goal contained

20 in the service plan, (ii) the appropriateness of the services

21 contained in the plan and whether those services have been

22 provided, (iii) whether reasonable efforts have been made by

23 all the parties to the service plan to achieve the goal, and

24 (iv) whether the plan and goal have been achieved. All

25 evidence relevant to determining these questions, including

26 oral and written reports, may be admitted and may be relied on
    SB1504 Enrolled         - 90 - LRB104 09130 KTG 19186 b

1 to the extent of their probative value.

2   The court shall make findings as to whether, in violation

3 of Section 8.2 of the Abused and Neglected Child Reporting

4 Act, any portion of the service plan compels a child or parent

5 to engage in any activity or refrain from any activity that is

6 not reasonably related to remedying a condition or conditions

7 that gave rise or which could give rise to any finding of child

8 abuse or neglect. The services contained in the service plan

9 shall include services reasonably related to remedy the

10 conditions that gave rise to removal of the child from the home

11 of the child's parents, guardian, or legal custodian or that

12 the court has found must be remedied prior to returning the

13 child home. Any tasks the court requires of the parents,

14 guardian, or legal custodian or child prior to returning the

15 child home must be reasonably related to remedying a condition

16 or conditions that gave rise to or which could give rise to any

17 finding of child abuse or neglect.

18  If the permanency goal is to return home, the court shall

19 make findings that identify any problems that are causing

20 continued placement of the children away from the home and

21 identify what outcomes would be considered a resolution to

22 these problems. The court shall explain to the parents that

23 these findings are based on the information that the court has

24 at that time and may be revised, should additional evidence be

25 presented to the court.

26  The court shall review the Sibling Contact Support Plan
    SB1504 Enrolled  - 91 - LRB104 09130 KTG 19186 b

1 developed or modified under subsection (f) of Section 7.4 of

2 the Children and Family Services Act, if applicable. If the

3 Department has not convened a meeting to develop or modify a

4 Sibling Contact Support Plan, or if the court finds that the

5 existing Plan is not in the child's best interest, the court

6 may enter an order requiring the Department to develop,

7 modify, or implement a Sibling Contact Support Plan, or order

8 mediation.

9   The court shall review the Department's efforts to provide

10 the minor with age and developmentally appropriate life

11 skills. If the court finds the Department's efforts are not in

12 the minor's best interest, the court may enter an order

13 requiring the Department to develop, modify, or implement the

14 service plan to develop the minor's life skills in an age and

15 developmentally appropriate manner.

16  Beginning July 1, 2025, the court shall review the Ongoing

17 Family Finding and Relative Engagement Plan required under

18 Section 2-27.3. If the court finds that the plan is not in the

19 minor's best interest, the court shall enter specific factual

20 findings and order the Department to modify the plan

21 consistent with the court's findings.

22  If the goal has been achieved, the court shall enter

23 orders that are necessary to conform the minor's legal custody

24 and status to those findings.

25  If, after receiving evidence, the court determines that

26 the services contained in the plan are not reasonably
    SB1504 Enrolled  - 92 - LRB104 09130 KTG 19186 b

1 calculated to facilitate achievement of the permanency goal,

2 the court shall put in writing the factual basis supporting

3 the determination and enter specific findings based on the

4 evidence. The court also shall enter an order for the

5 Department to develop and implement a new service plan or to

6 implement changes to the current service plan consistent with

7 the court's findings. The new service plan shall be filed with

8 the court and served on all parties within 45 days of the date

9 of the order. The court shall continue the matter until the new

10 service plan is filed. Except as authorized by subsection

11 (2.5) of this Section and as otherwise specifically authorized

12 by law, the court is not empowered under this Section to order

13 specific placements, specific services, or specific service

14 providers to be included in the service plan.

15  A guardian or custodian appointed by the court pursuant to

16 this Act shall file updated case plans with the court every 6

17 months.

18  Rights of wards of the court under this Act are

19 enforceable against any public agency by complaints for relief

20 by mandamus filed in any proceedings brought under this Act.

21  (2.5) If, after reviewing the evidence, including evidence

22 from the Department, the court determines that the minor's

23 current or planned placement is not necessary or appropriate

24 to facilitate achievement of the permanency goal, the court

25 shall put in writing the factual basis supporting its

26 determination and enter specific findings based on the
    SB1504 Enrolled           - 93 - LRB104 09130 KTG 19186 b

1 evidence. If the court finds that the minor's current or

2 planned placement is not necessary or appropriate, the court

3 may enter an order directing the Department to implement a

4 recommendation by the minor's treating clinician or a

5 clinician contracted by the Department to evaluate the minor

6 or a recommendation made by the Department. If the Department

7 places a minor in a placement under an order entered under this

8 subsection (2.5), the Department has the authority to remove

9 the minor from that placement when a change in circumstances

10 necessitates the removal to protect the minor's health,

11 safety, and best interest. If the Department determines

12 removal is necessary, the Department shall notify the parties

13 of the planned placement change in writing no later than 10

14 days prior to the implementation of its determination unless

15 remaining in the placement poses an imminent risk of harm to

16 the minor, in which case the Department shall notify the

17 parties of the placement change in writing immediately

18 following the implementation of its decision. The Department

19 shall notify others of the decision to change the minor's

20 placement as required by Department rule.

21  (3) Following the permanency hearing, the court shall

22 enter a written order that includes the determinations

23 required under subsections (2) and (2.3) of this Section and

24 sets forth the following:

25  (a) The future status of the minor, including the

26  permanency goal, and any order necessary to conform the
    SB1504 Enrolled  - 94 - LRB104 09130 KTG 19186 b

1   minor's legal custody and status to such determination; or

2   (b) If the permanency goal of the minor cannot be

3   achieved immediately, the specific reasons for continuing

4   the minor in the care of the Department of Children and

5   Family Services or other agency for short-term placement,

6   and the following determinations:

7   (i) (Blank).

8   (ii) Whether the services required by the court

9   and by any service plan prepared within the prior 6

10  months have been provided and (A) if so, whether the

11  services were reasonably calculated to facilitate the

12  achievement of the permanency goal or (B) if not

13  provided, why the services were not provided.

14  (iii) Whether the minor's current or planned

15  placement is necessary, and appropriate to the plan

16  and goal, recognizing the right of minors to the least

17  restrictive (most family-like) setting available and

18  in close proximity to the parents' home consistent

19  with the health, safety, best interest, and special

20  needs of the minor and, if the minor is placed

21  out-of-state, whether the out-of-state placement

22  continues to be appropriate and consistent with the

23  health, safety, and best interest of the minor.

24  (iv) (Blank).

25  (v) (Blank).

26  If the court sets a permanency goal of independence or if
    SB1504 Enrolled         - 95 - LRB104 09130 KTG 19186 b

1 the minor is 17 years of age or older, the court shall schedule

2 a Successful Transition to Adulthood Review hearing in

3 accordance with Section 2-28.2.

4   (4) The minor or any person interested in the minor may

5 apply to the court for a change in custody of the minor and the

6 appointment of a new custodian or guardian of the person or for

7 the restoration of the minor to the custody of the minor's

8 parents or former guardian or custodian.

9   When return home is not selected as the permanency goal:

10  (a) The Department, the minor, or the current foster

11  parent or relative caregiver seeking private guardianship

12  may file a motion for private guardianship of the minor.

13  Appointment of a guardian under this Section requires

14  approval of the court.

15  (b) The State's Attorney may file a motion to

16  terminate parental rights of any parent who has failed to

17  make reasonable efforts to correct the conditions which

18  led to the removal of the child or reasonable progress

19  toward the return of the child, as defined in subdivision

20  (D)(m) of Section 1 of the Adoption Act or for whom any

21  other unfitness ground for terminating parental rights as

22  defined in subdivision (D) of Section 1 of the Adoption

23  Act exists.

24  When parental rights have been terminated for a

25  minimum of 3 years and the child who is the subject of the

26  permanency hearing is 13 years old or older and is not
    SB1504 Enrolled  - 96 - LRB104 09130 KTG 19186 b

1   currently placed in a placement likely to achieve

2   permanency, the Department of Children and Family Services

3   shall make reasonable efforts to locate parents whose

4   rights have been terminated, except when the Court

5   determines that those efforts would be futile or

6   inconsistent with the subject child's best interests. The

7   Department of Children and Family Services shall assess

8   the appropriateness of the parent whose rights have been

9   terminated, and shall, as appropriate, foster and support

10  connections between the parent whose rights have been

11  terminated and the youth. The Department of Children and

12  Family Services shall document its determinations and

13  efforts to foster connections in the child's case plan.

14  Custody of the minor shall not be restored to any parent,

15 guardian, or legal custodian in any case in which the minor is

16 found to be neglected or abused under Section 2-3 or dependent

17 under Section 2-4 of this Act, unless the minor can be cared

18 for at home without endangering the minor's health or safety

19 and it is in the best interest of the minor, and if such

20 neglect, abuse, or dependency is found by the court under

21 paragraph (1) of Section 2-21 of this Act to have come about

22 due to the acts or omissions or both of such parent, guardian,

23 or legal custodian, until such time as an investigation is

24 made as provided in paragraph (5) and a hearing is held on the

25 issue of the health, safety, and best interest of the minor and

26 the fitness of such parent, guardian, or legal custodian to
    SB1504 Enrolled  - 97 - LRB104 09130 KTG 19186 b

1 care for the minor and the court enters an order that such

2 parent, guardian, or legal custodian is fit to care for the

3 minor. If a motion is filed to modify or vacate a private

4 guardianship order and return the child to a parent, guardian,

5 or legal custodian, the court may order the Department of

6 Children and Family Services to assess the minor's current and

7 proposed living arrangements and to provide ongoing monitoring

8 of the health, safety, and best interest of the minor during

9 the pendency of the motion to assist the court in making that

10 determination. In the event that the minor has attained 18

11 years of age and the guardian or custodian petitions the court

12 for an order terminating the minor's guardianship or custody,

13 guardianship or custody shall terminate automatically 30 days

14 after the receipt of the petition unless the court orders

15 otherwise. No legal custodian or guardian of the person may be

16 removed without the legal custodian's or guardian's consent

17 until given notice and an opportunity to be heard by the court.

18  When the court orders a child restored to the custody of

19 the parent or parents, the court shall order the parent or

20 parents to cooperate with the Department of Children and

21 Family Services and comply with the terms of an after-care

22 plan, or risk the loss of custody of the child and possible

23 termination of their parental rights. The court may also enter

24 an order of protective supervision in accordance with Section

25 2-24.

26  If the minor is being restored to the custody of a parent,
    SB1504 Enrolled  - 98 - LRB104 09130 KTG 19186 b

1 legal custodian, or guardian who lives outside of Illinois,

2 and an Interstate Compact has been requested and refused, the

3 court may order the Department of Children and Family Services

4 to arrange for an assessment of the minor's proposed living

5 arrangement and for ongoing monitoring of the health, safety,

6 and best interest of the minor and compliance with any order of

7 protective supervision entered in accordance with Section

8 2-24.

9   (5) Whenever a parent, guardian, or legal custodian files

10 a motion for restoration of custody of the minor, and the minor

11 was adjudicated neglected, abused, or dependent as a result of

12 physical abuse, the court shall cause to be made an

13 investigation as to whether the movant has ever been charged

14 with or convicted of any criminal offense which would indicate

15 the likelihood of any further physical abuse to the minor.

16 Evidence of such criminal convictions shall be taken into

17 account in determining whether the minor can be cared for at

18 home without endangering the minor's health or safety and

19 fitness of the parent, guardian, or legal custodian.

20       (a) Any agency of this State or any subdivision

21  thereof shall cooperate with the agent of the court in

22  providing any information sought in the investigation.

23       (b) The information derived from the investigation and

24  any conclusions or recommendations derived from the

25  information shall be provided to the parent, guardian, or

26  legal custodian seeking restoration of custody prior to
    SB1504 Enrolled  - 99 - LRB104 09130 KTG 19186 b

1       the hearing on fitness and the movant shall have an

2       opportunity at the hearing to refute the information or

3       contest its significance.

4       (c) All information obtained from any investigation

5       shall be confidential as provided in Section 5-150 of this

6       Act.

7 (Source: P.A. 102-193, eff. 7-30-21; 102-489, eff. 8-20-21;

8 102-813, eff. 5-13-22; 103-22, eff. 8-8-23; 103-154, eff.

9 6-30-23; 103-171, eff. 1-1-24; 103-605, eff. 7-1-24; 103-1061,

10 eff. 2-5-25.)

11      (705 ILCS 405/2-28.2 new)

12      Sec. 2-28.2. Successful Transition to Adulthood Review

13 hearings.

14      (a) The court shall conduct Successful Transition to

15 Adulthood Review (STAR) hearings to review the Department's

16 efforts to ensure the minor is provided with opportunities to

17 engage in individualized future-focused planning towards

18 adulthood, to develop age-appropriate daily living skills to

19 live successfully as an adult, and if applicable, to be

20 prepared to transition out of the care of the Department at age

21 21.

22      (b) The court shall conduct a STAR hearing for all minors

23 for whom the court has entered a permanency goal of

24 independence and for all minors who are 17 years of age or

25 older. The minor's first STAR hearing shall be conducted
    SB1504 Enrolled  - 100 - LRB104 09130 KTG 19186 b

1 within 6 months of the minor qualifying for a STAR hearing.

2 Subsequent STAR hearings may be conducted contemporaneously

3 with the minor's permanency hearing. At a minimum, the court

4 shall conduct STAR hearings for eligible minors within 6

5 months of the minor becoming eligible for a STAR hearing and

6 annually thereafter. The court may schedule additional STAR

7 hearings as necessary and in the minor's best interest.

8   (c) Fourteen days in advance of the STAR hearing the

9 Department shall provide the court with the youth's service

10 plan that includes the following information:

11  (1) a copy of the youth-driven transition plan

12  developed in accordance with Section 35.10 of the Children

13  and Family Services Act;

14  (2) for youth 17 years of age and older, the ILO TLP

15  Quarterly Discharge Launch Plan, if applicable;

16  (3) a description of the documents necessary for adult

17  living as provided in Section 35.10 of the Children and

18  Family Services Act that the minor has, the documents the

19  minor continues to need, and the Department's plan to

20  ensure the minor has such documents prior to case closure;

21  (4) a description of the Department's efforts to

22  assist the youth in developing and maintaining connections

23  with supportive adults and a copy of the minor's Ongoing

24  Family Finding and Relative Engagement Plan developed in

25  accordance with Section 2-27.3; and

26  (5) for youth who are likely to need a guardian as a
    SB1504 Enrolled         - 101 - LRB104 09130 KTG 19186 b

1   person with a disability, in accordance with Article XIa

2   of the Probate Act of 1975, a description of the

3   Department's efforts to obtain any necessary assessments.

4   (d) At the STAR hearing the court shall:

5   (1) review the Department's efforts to assist the

6   minor in developing and implementing an individualized

7   youth-driven plan to develop life skills that will lead to

8   successful adult living;

9   (2) review the plan developed by the Department and

10  the minor to ensure that it is reasonably likely to ensure

11  the minor can live independent of supports from the

12  Department;

13  (3) review the Department's efforts to assist the

14  minor in accomplishing the plan;

15  (4) review the Department's efforts to ensure the

16  minor has documents necessary for adult living, as defined

17  in Section 35.10 of the Children and Family Services Act

18  prior to case closure;

19  (5) review the Department's efforts to ensure that the

20  minor is aware of available supports and services

21  post-case closure and how to access such supports and

22  services; and

23  (6) if applicable, review the Department's efforts to

24  obtain any needed assessments to determine whether the

25  youth may qualify for a guardian as a person with a

26  disability under Article XIa of the Probate Act of 1975.
    SB1504 Enrolled      - 102 - LRB104 09130 KTG 19186 b

1   If the court finds that the youth-driven transition plan

2 for the minor is not in the minor's best interest or will not

3 be reasonably likely to result in the development of life

4 skills necessary for adult living, the court shall make

5 specific factual findings supporting its findings and order

6 the Department to develop a new plan with the minor consistent

7 with the court's findings. If the court finds that the

8 Department has failed to make reasonable efforts to (i) assist

9 the minor in developing and accomplishing a youth-driven

10 transition plan or (ii) obtain any necessary assessments for

11 minors to determine whether the youth may qualify for a

12 guardian as a person with a disability under Article XIa of the

13 Probate Act of 1975, then the court shall make specific

14 factual findings and may enter such orders it deems necessary

15 to ensure that the minor is developing necessary life skills

16 and, when appropriate, is prepared to successfully transition

17 to adulthood.

18  (705 ILCS 405/2-33)

19  Sec. 2-33. Supplemental petition to reinstate wardship.

20  (1) Any time prior to a minor's 18th birthday, pursuant to

21 a supplemental petition filed under this Section, the court

22 may reinstate wardship and open a previously closed case when:

23  (a) wardship and guardianship under the Juvenile Court

24  Act of 1987 was vacated in conjunction with the

25  appointment of a private guardian under the Probate Act of
    SB1504 Enrolled       - 103 - LRB104 09130 KTG 19186 b

1   1975;

2        (b) the minor is not presently a ward of the court

3   under Article II of this Act nor is there a petition for

4   adjudication of wardship pending on behalf of the minor;

5   and

6        (c) it is in the minor's best interest that wardship

7   be reinstated.

8   (2) Any time prior to a minor's 21st birthday, pursuant to

9 a supplemental petition filed under this Section, the court

10 may reinstate wardship and open a previously closed case when:

11       (a) wardship and guardianship under this Act was

12  vacated pursuant to:

13         (i) an order entered under subsection (2) of

14       Section 2-31 in the case of a minor over the age of 18;

15         (ii) closure of a case under subsection (2) of

16       Section 2-31 in the case of a minor under the age of 18

17       who has been partially or completely emancipated in

18       accordance with the Emancipation of Minors Act; or

19         (iii) an order entered under subsection (3) of

20       Section 2-31 based on the minor's attaining the age of

21       19 years before the effective date of this amendatory

22       Act of the 101st General Assembly;

23       (b) the minor is not presently a ward of the court

24  under Article II of this Act nor is there a petition for

25  adjudication of wardship pending on behalf of the minor;

26  and
    SB1504 Enrolled   - 104 - LRB104 09130 KTG 19186 b

1   (c) it is in the minor's best interest that wardship

2   be reinstated.

3   (3) The supplemental petition must be filed in the same

4 proceeding in which the original adjudication order was

5 entered. Unless excused by court for good cause shown, the

6 petitioner shall give notice of the time and place of the

7 hearing on the supplemental petition, in person or by mail, to

8 the minor, if the minor is 14 years of age or older, and to the

9 parties to the juvenile court proceeding. Notice shall be

10 provided at least 3 court days in advance of the hearing date.

11  (3.5) Whenever a petition is filed to reinstate wardship

12 pursuant to subsection (1), prior to granting the petition,

13 the court may order the Department of Children and Family

14 Services to assess the minor's current and proposed living

15 arrangements and to provide ongoing monitoring of the health,

16 safety, and best interest of the minor during the pendency of

17 the petition to assist the court in making that determination.

18  (4) A minor who is the subject of a petition to reinstate

19 wardship under this Section shall be provided with

20 representation in accordance with Sections 1-5 and 2-17 of

21 this Act.

22  (5) Whenever a minor is committed to the Department of

23 Children and Family Services for care and services following

24 the reinstatement of wardship under this Section, the

25 Department shall:

26  (a) Within 30 days of such commitment, prepare and
    SB1504 Enrolled       - 105 - LRB104 09130 KTG 19186 b

1   file with the court a case plan which complies with the

2   federal Adoption Assistance and Child Welfare Act of 1980

3   and is consistent with the health, safety and best

4   interests of the minor; and

5   (b) Promptly refer the minor for such services as are

6   necessary and consistent with the minor's health, safety

7   and best interests.

8   (6) Whenever the court grants a petition to reinstate

9 wardship under this Section, the court shall schedule the case

10 for a permanency hearing in accordance with Section 2-28 and a

11 Successful Transition to Adulthood Review hearing in

12 accordance with Section 2-28.2, if applicable.

13 (Source: P.A. 101-78, eff. 7-12-19; 102-489, eff. 8-20-21.)

14  (705 ILCS 405/5-745)

15  Sec. 5-745. Court review.

16  (1) The court may require any legal custodian or guardian

17 of the person appointed under this Act, including the

18 Department of Juvenile Justice for youth committed under

19 Section 5-750 of this Act, to report periodically to the court

20 or may cite the legal custodian or guardian into court and

21 require the legal custodian or guardian, or the legal

22 custodian's or guardian's agency, to make a full and accurate

23 report of the doings of the legal custodian, guardian, or

24 agency on behalf of the minor, including efforts to secure

25 post-release placement of the youth after release from the
    SB1504 Enrolled  - 106 - LRB104 09130 KTG 19186 b

1 Department's facilities. The legal custodian or guardian,

2 within 10 days after the citation, shall make the report,

3 either in writing verified by affidavit or orally under oath

4 in open court, or otherwise as the court directs. Upon the

5 hearing of the report the court may remove the legal custodian

6 or guardian and appoint another in the legal custodian's or

7 guardian's stead or restore the minor to the custody of the

8 minor's parents or former guardian or legal 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 notice of the

22 hearing by certified mail, return receipt requested, to the

23 person or agency having the physical custody of the child, the

24 minor and other interested parties unless a written waiver of

25 notice is filed with the petition.

26  If the minor is in the custody of the Illinois Department
    SB1504 Enrolled          - 107 - LRB104 09130 KTG 19186 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), (2), (2.3), (2.4), and

4 (3) of Section 2-28 of Article II of this Act and Successful

5 Transition to Adulthood Review hearings as set out in Section

6 2-28.2 of Article II of this Act.

7   Rights of wards of the court under this Act are

8 enforceable against any public agency by complaints for relief

9 by mandamus filed in any proceedings brought under this Act.

10  (3) The minor or any person interested in the minor may

11 apply to the court for a change in custody of the minor and the

12 appointment of a new custodian or guardian of the person or for

13 the restoration of the minor to the custody of the minor's

14 parents or former guardian or custodian. In the event that the

15 minor has attained 18 years of age and the guardian or

16 custodian petitions the court for an order terminating the

17 minor's guardianship or custody, guardianship or legal custody

18 shall terminate automatically 30 days after the receipt of the

19 petition unless the court orders otherwise. No legal custodian

20 or guardian of the person may be removed without the legal

21 custodian's or guardian's consent until given notice and an

22 opportunity to be heard by the court.

23  (4) If the minor is committed to the Department of

24 Juvenile Justice under Section 5-750 of this Act, the

25 Department shall notify the court in writing of the occurrence

26 of any of the following:
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1   (a) a critical incident involving a youth committed to

2   the Department; as used in this paragraph (a), "critical

3   incident" means any incident that involves a serious risk

4   to the life, health, or well-being of the youth and

5   includes, but is not limited to, an accident or suicide

6   attempt resulting in serious bodily harm or

7   hospitalization, psychiatric hospitalization, alleged or

8   suspected abuse, or escape or attempted escape from

9   custody, filed within 10 days of the occurrence;

10  (b) a youth who has been released by the Prisoner

11  Review Board but remains in a Department facility solely

12  because the youth does not have an approved aftercare

13  release host site, filed within 10 days of the occurrence;

14  (c) a youth, except a youth who has been adjudicated a

15  habitual or violent juvenile offender under Section 5-815

16  or 5-820 of this Act or committed for first degree murder,

17  who has been held in a Department facility for over one

18  consecutive year; or

19  (d) if a report has been filed under paragraph (c) of

20  this subsection, a supplemental report shall be filed

21  every 6 months thereafter.

22 The notification required by this subsection (4) shall contain

23 a brief description of the incident or situation and a summary

24 of the youth's current physical, mental, and emotional health

25 and the actions the Department took in response to the

26 incident or to identify an aftercare release host site, as
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1 applicable. Upon receipt of the notification, the court may

2 require the Department to make a full report under subsection

3 (1) of this Section.

4   (5) With respect to any report required to be filed with

5 the court under this Section, the Independent Juvenile

6 Ombudsperson shall provide a copy to the minor's court

7 appointed guardian ad litem, if the Department has received

8 written notice of the appointment, and to the minor's

9 attorney, if the Department has received written notice of

10 representation from the attorney. If the Department has a

11 record that a guardian has been appointed for the minor and a

12 record of the last known address of the minor's court

13 appointed guardian, the Independent Juvenile Ombudsperson

14 shall send a notice to the guardian that the report is

15 available and will be provided by the Independent Juvenile

16 Ombudsperson upon request. If the Department has no record

17 regarding the appointment of a guardian for the minor, and the

18 Department's records include the last known addresses of the

19 minor's parents, the Independent Juvenile Ombudsperson shall

20 send a notice to the parents that the report is available and

21 will be provided by the Independent Juvenile Ombudsperson upon

22 request.

23 (Source: P.A. 103-22, eff. 8-8-23; 103-1061, eff. 2-5-25.)

24  Section 95. No acceleration or delay. Where this Act makes

25 changes in a statute that is represented in this Act by text
   SB1504 Enrolled  - 110 - LRB104 09130 KTG 19186 b

1 that is not yet or no longer in effect (for example, a Section
2 represented by multiple versions), the use of that text does
3 not accelerate or delay the taking effect of (i) the changes
4 made by this Act or (ii) provisions derived from any other
5 Public Act.

6  Section 99. Effective date. This Act takes effect July 1,

7 2026.
Every fact on this page links to its source, starting with the official bill record.