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Illinois General Assembly· SB 3196Governor Approved

DCFS-YOUTH TRANSITIONS, the official text

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SB3196 Enrolled                     LRB104 20388 KTG 33848 b

1   AN ACT concerning children.

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

3 represented in the General Assembly:

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

5 by changing Sections 5 and 35.10 as follows:

6   (20 ILCS 505/5)

7   (Text of Section before amendment by P.A. 104-107)

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

9 Children and Family Services. To provide direct child welfare

10 services when not available through other public or private

11 child care or program facilities.

12  (a) For purposes of this Section:

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

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

15  persons under age 21 who:

16  (A) were committed to the Department pursuant to

17  the Juvenile Court Act or the Juvenile Court Act of

18  1987 and who continue under the jurisdiction of the

19  court; or

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

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

22  interest in the discretion of the Department would be

23  served by continuing that care, service and training
    SB3196 Enrolled          -2-  LRB104 20388 KTG 33848 b

1   because of severe emotional disturbances, physical

2   disability, social adjustment or any combination

3   thereof, or because of the need to complete an

4   educational or vocational training program.

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

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

7   stable living situation and cannot be reunited with their

8   families.

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

10  services which are directed toward the accomplishment of

11  the following purposes:

12  (A) protecting and promoting the health, safety

13  and welfare of children, including homeless,

14  dependent, or neglected children;

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

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

17  exploitation, or delinquency of children;

18  (C) preventing the unnecessary separation of

19  children from their families by identifying family

20  problems, assisting families in resolving their

21  problems, and preventing the breakup of the family

22  where the prevention of child removal is desirable and

23  possible when the child can be cared for at home

24  without endangering the child's health and safety;

25  (D) restoring to their families children who have

26  been removed, by the provision of services to the
    SB3196 Enrolled   -3-        LRB104 20388 KTG 33848 b

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

2   at home without endangering the child's health and

3   safety;

4   (E) placing children in suitable permanent family

5   arrangements, through guardianship or adoption, in

6   cases where restoration to the birth family is not

7   safe, possible, or appropriate;

8   (F) at the time of placement, conducting

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

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

11  earliest opportunity. Consideration should be given so

12  that if reunification fails or is delayed, the

13  placement made is the best available placement to

14  provide permanency for the child;

15  (G) (blank);

16  (H) (blank); and

17  (I) placing and maintaining children in facilities

18  that provide separate living quarters for children

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

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

21  last year of high school education or vocational

22  training, in an approved individual or group treatment

23  program, in a licensed shelter facility, or secure

24  child care facility. The Department is not required to

25  place or maintain children:

26                   (i) who are in a foster home, or
    SB3196 Enrolled             -4-  LRB104 20388 KTG 33848 b

1                    (ii) who are persons with a developmental

2   disability, as defined in the Mental Health and

3   Developmental Disabilities Code, or

4                    (iii) who are female children who are

5   pregnant, pregnant and parenting, or parenting, or

6                    (iv) who are siblings, in facilities that

7   provide separate living quarters for children 18

8   years of age and older and for children under 18

9   years of age.

10  (b) (Blank).

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

12 process for all licensed residential providers in Illinois to

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

14 receive reimbursement for children's mental health, substance

15 use, and developmental disability services from the Department

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

17 Department of Healthcare and Family Services. The requested

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

19 and occupancy data for the purpose of establishing State need

20 and placement availability.

21  All information collected, shared, or stored pursuant to

22 this subsection shall be handled in accordance with all State

23 and federal privacy laws and accompanying regulations and

24 rules, including, without limitation, the federal Health

25 Insurance Portability and Accountability Act of 1996 (Public

26 Law 104-191) and the Mental Health and Developmental
    SB3196 Enrolled  -5-             LRB104 20388 KTG 33848 b

1 Disabilities Confidentiality Act.

2   (c) The Department shall establish and maintain

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

4 improve voluntary services throughout the State, to the end

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

6 throughout the State to children requiring such services.

7   (d) The Director may authorize advance disbursements for

8 any new program initiative to any agency contracting with the

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

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

11 disbursement and have a purchase of service contract approved

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

13 operational expenses in advance. The amount of the advance

14 disbursement shall be prorated over the life of the contract

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

16 and the installment amount shall then be deducted from future

17 bills. Advance disbursement authorizations for new initiatives

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

19 during 2 consecutive fiscal years. The requirements of this

20 Section concerning advance disbursements shall not apply with

21 respect to the following: payments to local public agencies

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

23 Act; and youth service programs receiving grant funds under

24 Section 17a-4.

25  (e) (Blank).

26  (f) (Blank).
    SB3196 Enrolled  -6-       LRB104 20388 KTG 33848 b

1   (g) The Department shall establish rules and regulations

2 concerning its operation of programs designed to meet the

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

4 permanency, including, but not limited to:

5   (1) reunification, guardianship, and adoption;

6   (2) relative and licensed foster care;

7   (3) family counseling;

8   (4) protective services;

9   (5) (blank);

10  (6) homemaker service;

11  (7) return of runaway children;

12  (8) (blank);

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

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

15  Court Act of 1987 in accordance with the federal Adoption

16  Assistance and Child Welfare Act of 1980; and

17  (10) interstate services.

18  Rules and regulations established by the Department shall

19 include provisions for training Department staff and the staff

20 of Department grantees, through contracts with other agencies

21 or resources, in screening techniques to identify substance

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

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

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

25 purpose of identifying children and adults who should be

26 referred for an assessment at an organization appropriately
    SB3196 Enrolled       -7-             LRB104 20388 KTG 33848 b

1 licensed by the Department of Human Services for substance use

2 disorder treatment.

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

4 program or facility within or available to the Department for

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

6 adequate and appropriate program or none agrees to accept the

7 youth in care, the Department shall create an appropriate

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

9 The plan may be developed within the Department or through

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

11 within its statutory authority to do.

12  (i) Service programs shall be available throughout the

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

14 services:

15  (1) case management;

16  (2) homemakers;

17  (3) counseling;

18  (4) parent education;

19  (5) day care;

20  (6) emergency assistance and advocacy; and

21  (7) kinship navigator and relative caregiver supports.

22  In addition, the following services may be made available

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

24  (1) comprehensive family-based services;

25  (2) assessments;

26  (3) respite care; and
   SB3196 Enrolled  -8-                  LRB104 20388 KTG 33848 b

1  (4) in-home health services.

2  The Department shall provide transportation for any of the

3 services it makes available to children or families or for

4 which it refers children or families.

5  (j) The Department may provide categories of financial

6 assistance and education assistance grants, and shall

7 establish rules and regulations concerning the assistance and

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

9 children with physical or mental disabilities, children who

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

11 prior to their adoption or subsidized guardianship were youth

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

13 assistance with respect to a prior adoption and who become

14 available for adoption because the prior adoption has been

15 dissolved and the parental rights of the adoptive parents have

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

17 died. The Department may continue to provide financial

18 assistance and education assistance grants for a child who was

19 determined eligible for financial assistance under this

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

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

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

23 parents. The Department may also provide categories of

24 financial assistance and education assistance grants, and

25 shall establish rules and regulations for the assistance and

26 grants, to persons appointed guardian of the person under
    SB3196 Enrolled             -9-    LRB104 20388 KTG 33848 b

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

2 4-25, or 5-740 of the Juvenile Court Act of 1987 for children

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

4 appointment of the guardian.

5   The amount of assistance may vary, depending upon the

6 needs of the child and the adoptive parents or subsidized

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

8 Special purpose grants are allowed where the child requires

9 special service but such costs may not exceed the amounts

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

11 provide or secure them as guardian of the child.

12  Any financial assistance provided under this subsection is

13 inalienable by assignment, sale, execution, attachment,

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

15 a judgment or debt.

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

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

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

19 outside of the State of Illinois.

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

21 child who has been adjudicated neglected or abused, or

22 dependent committed to it pursuant to the Juvenile Court Act

23 or the Juvenile Court Act of 1987.

24  (l) The Department shall offer family preservation

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

26 Neglected Child Reporting Act, to help families, including
    SB3196 Enrolled  - 10 - LRB104 20388 KTG 33848 b

1 adoptive and extended families. Family preservation services

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

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

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

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

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

7 Family preservation services shall only be offered when doing

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

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

10 Juvenile Court Act of 1987, family preservation services shall

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

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

13 has been set, except that reunification services may be

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

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

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

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

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

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

20 calls for services to facilitate achievement of the permanency

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

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

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

24 provided with reasonable promptness and if those services are

25 available.

26  The Department shall notify the child and the child's
    SB3196 Enrolled  - 11 - LRB104 20388 KTG 33848 b

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

2 family preservation services as identified in the service

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

4 services as soon as the report is determined to be

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

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

7 or neglect has been filed, prior to concluding its

8 investigation under Section 7.12 of the Abused and Neglected

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

10 willingness to accept services shall not be considered in the

11 investigation. The Department may also provide services to any

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

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

14 services available from other agencies in the community, even

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

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

17 subject the child or family to future reports of suspected

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

19 voluntary. The Department may also provide services to any

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

21 alternative to an investigation, as provided under the

22 "differential response program" provided for in subsection

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

24 Reporting Act.

25  The Department may, at its discretion except for those

26 children also adjudicated neglected or dependent, accept for
SB3196 Enrolled  - 12 - LRB104 20388 KTG 33848 b

 1 care and training any child who has been adjudicated addicted,
 2 as a truant minor in need of supervision or as a minor
 3 requiring authoritative intervention, under the Juvenile Court
 4 Act or the Juvenile Court Act of 1987, but no such child shall
 5 be committed to the Department by any court without the
 6 approval of the Department. On and after January 1, 2015 (the
 7 effective date of Public Act 98-803) and before January 1,
 8 2017, a minor charged with a criminal offense under the
 9 Criminal Code of 1961 or the Criminal Code of 2012 or
10 adjudicated delinquent shall not be placed in the custody of
11 or committed to the Department by any court, except (i) a minor
12 less than 16 years of age committed to the Department under
13 Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
14 for whom an independent basis of abuse, neglect, or dependency
15 exists, which must be defined by departmental rule, or (iii) a
16 minor for whom the court has granted a supplemental petition
17 to reinstate wardship pursuant to subsection (2) of Section
18 2-33 of the Juvenile Court Act of 1987. On and after January 1,
19 2017, a minor charged with a criminal offense under the
20 Criminal Code of 1961 or the Criminal Code of 2012 or
21 adjudicated delinquent shall not be placed in the custody of
22 or committed to the Department by any court, except (i) a minor
23 less than 15 years of age committed to the Department under
24 Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
25 for whom an independent basis of abuse, neglect, or dependency
26 exists, which must be defined by departmental rule, or (iii) a
    SB3196 Enrolled  - 13 - LRB104 20388 KTG 33848 b

1 minor for whom the court has granted a supplemental petition

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

3 2-33 of the Juvenile Court Act of 1987. An independent basis

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

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

6 circumstances which give rise to a charge or adjudication of

7 delinquency. The Department shall assign a caseworker to

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

9 the Department who is placed on aftercare release, including

10 hearings involving sanctions for violation of aftercare

11 release conditions and aftercare release revocation hearings.

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

13 implement a special program of family preservation services to

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

15 are experiencing extreme hardships due to the difficulty and

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

17 pervasive developmental disorder if the Department determines

18 that those services are necessary to ensure the health and

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

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

21 and Neglected Child Reporting Act. The Department may refer

22 the child or family to services available from other agencies

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

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

25 future reports of suspected child abuse or neglect. Acceptance

26 of these services shall be voluntary. The Department shall
    SB3196 Enrolled  - 14 - LRB104 20388 KTG 33848 b

1 develop and implement a public information campaign to alert

2 health and social service providers and the general public

3 about these special family preservation services. The nature

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

5 served under the special program implemented under this

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

7 Department annually allocates for this purpose. The term

8 "pervasive developmental disorder" under this paragraph means

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

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

11 edition of the Diagnostic and Statistical Manual of Mental

12 Disorders of the American Psychiatric Association.

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

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

15 most permanent living arrangement that is an appropriate

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

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

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

19 practically possible. To achieve this goal, the General

20 Assembly directs the Department of Children and Family

21 Services to conduct concurrent planning so that permanency may

22 occur at the earliest opportunity. Permanent living

23 arrangements may include prevention of placement of a child

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

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

26 reunification with the family, when safe and appropriate, if
    SB3196 Enrolled  - 15 - LRB104 20388 KTG 33848 b

1 temporary placement is necessary; or movement of the child

2 toward the most appropriate living arrangement and legal

3 status.

4   When determining reasonable efforts to be made with

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

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

7 shall be the paramount concern.

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

9 shall ensure and document that reasonable efforts were made to

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

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

12 reunify the family when temporary placement of the child

13 occurs unless otherwise required, pursuant to the Juvenile

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

15 where the Department believes that further reunification

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

17 the court that reasonable efforts are no longer appropriate.

18 The Department is not required to provide further

19 reunification services after such a finding.

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

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

22 best interests. The Department shall make diligent efforts to

23 place the child with a relative, document those diligent

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

25 secure such a relative placement. If the primary issue

26 preventing an emergency placement of a child with a relative
    SB3196 Enrolled     - 16 - LRB104 20388 KTG 33848 b

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

2 concrete goods, safety modifications, and services, the

3 Department shall make diligent efforts to assist the relative

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

5 2025, the Department shall adopt rules defining what is

6 diligent and necessary in providing supports to potential

7 relative placements. At the time of placement, consideration

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

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

10 permanent placement for the child.

11  The Department shall adopt rules addressing concurrent

12 planning for reunification and permanency. The Department

13 shall consider the following factors when determining

14 appropriateness of concurrent planning:

15  (1) the likelihood of prompt reunification;

16  (2) the past history of the family;

17  (3) the barriers to reunification being addressed by

18  the family;

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

20  (4.5) the child's wishes;

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

22  family to reunite;

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

24  provide a permanent placement;

25  (7) the age of the child;

26  (8) placement of siblings; and
    SB3196 Enrolled  - 17 - LRB104 20388 KTG 33848 b

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

2   parental preferences are contrary to the best interests of

3   the child.

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

5 child if:

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

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

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

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

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

11  or

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

13  parent, guardian nor custodian of the child can be

14  located.

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

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

17 Department may, instead of removing the child and assuming

18 temporary custody, place an authorized representative of the

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

20 guardian, or custodian enters the home and expresses a

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

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

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

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

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

26 such willingness and ability to ensure the child's safety and
    SB3196 Enrolled  - 18 - LRB104 20388 KTG 33848 b

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

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

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

4 5-415 of the Juvenile Court Act of 1987.

5   The Department shall have the authority, responsibilities

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

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

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

9 custody pursuant to an investigation under the Abused and

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

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

12 limited custody, the Department, during the period of

13 temporary custody and before the child is brought before a

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

15 5-415 of the Juvenile Court Act of 1987, shall have the

16 authority, responsibilities and duties that a legal custodian

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

18 the Juvenile Court Act of 1987.

19  The Department shall ensure that any child taken into

20 custody is scheduled for an appointment for a medical

21 examination.

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

23 temporary custody of the Department who would have custody of

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

25 Department may deliver to the Department a signed request that

26 the Department surrender the temporary custody of the child.
    SB3196 Enrolled  - 19 - LRB104 20388 KTG 33848 b

1 The Department may retain temporary custody of the child for

2 10 days after the receipt of the request, during which period

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

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

5 Department shall retain temporary custody of the child until

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

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

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

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

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

11 temporary custody of the child shall terminate.

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

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

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

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

16 determination is made by the facility director and the

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

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

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

20 subject to placement in a correctional facility operated

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

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

23 of the Department before being subject to placement in a

24 correctional facility and a court of competent jurisdiction

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

26  (n) The Department may place children under 18 years of
    SB3196 Enrolled           - 20 - LRB104 20388 KTG 33848 b

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

2 the Department, appropriate services aimed at family

3 preservation have been unsuccessful and cannot ensure the

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

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

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

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

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

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

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

11 Department for any child placed in a licensed child care

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

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

14 maintaining and of caring for a child in institutions for

15 dependent or neglected children operated by the Department.

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

17 where children require specialized care and treatment for

18 problems of severe emotional disturbance, physical disability,

19 social adjustment, or any combination thereof and suitable

20 facilities for the placement of such children are not

21 available at payment rates within the limitations set forth in

22 this Section. All reimbursements for services delivered shall

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

24 garnishment or otherwise.

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

26 welfare services, aimed at assisting minors to achieve
SB3196 Enrolled  - 21 - LRB104 20388 KTG 33848 b

 1 sustainable self-sufficiency as independent adults, for any
 2 minor eligible for the reinstatement of wardship pursuant to
 3 subsection (2) of Section 2-33 of the Juvenile Court Act of
 4 1987, whether or not such reinstatement is sought or allowed,
 5 provided that the minor consents to such services and has not
 6 yet attained the age of 21. The Department shall have
 7 responsibility for the development and delivery of services
 8 under this Section. An eligible youth may access services
 9 under this Section through the Department of Children and
10 Family Services or by referral from the Department of Human
11 Services. Youth participating in services under this Section
12 shall cooperate with the assigned case manager in developing
13 an agreement identifying the services to be provided and how
14 the youth will increase skills to achieve self-sufficiency. A
15 homeless shelter is not considered appropriate housing for any
16 youth receiving child welfare services under this Section. The
17 Department shall continue child welfare services under this
18 Section to any eligible minor until the minor becomes 21 years
19 of age, no longer consents to participate, or achieves
20 self-sufficiency as identified in the minor's service plan.
21 The Department of Children and Family Services shall create
22 clear, readable notice of the rights of former foster youth to
23 child welfare services under this Section and how such
24 services may be obtained. The Department of Children and
25 Family Services and the Department of Human Services shall
26 disseminate this information statewide. The Department shall
   SB3196 Enrolled     - 22 - LRB104 20388 KTG 33848 b

1 adopt regulations describing services intended to assist

2 minors in achieving sustainable self-sufficiency as

3 independent adults.

4  (o) The Department shall establish an administrative

5 review and appeal process for children and families who

6 request or receive child welfare services from the Department.

7 Youth in care who are placed by private child welfare

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

9 shall be afforded the same procedural and appeal rights as

10 children and families in the case of placement by the

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

12 private agency decision by that agency. The Department shall

13 ensure that any private child welfare agency, which accepts

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

15 and caregivers with whom those children are placed. The

16 Department shall accept for administrative review and an

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

18 with whom the child is placed concerning a decision following

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

20 prospective adoptive parent who alleges a violation of

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

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

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

24 current placement is necessary and appropriate under Section

25 2-28 of the Juvenile Court Act of 1987 does not constitute a

26 judicial determination on the merits of an administrative
    SB3196 Enrolled     - 23 - LRB104 20388 KTG 33848 b

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

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

3 shall adopt rules to develop a reconsideration process to

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

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

6 identified relative. Rules shall include standards and

7 criteria for reconsideration that incorporate the best

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

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

10 multiple relatives seek certification, and provide that all

11 rules regarding placement changes shall be followed. The rules

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

13 implementation and enforcement of the provisions of this

14 amendatory Act of the 103rd General Assembly.

15  (p) (Blank).

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

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

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

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

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

21 the Department, except that the benefits described in Section

22 5.46 must be used and conserved consistent with the provisions

23 under Section 5.46.

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

25 interest-bearing accounts in appropriate financial

26 institutions for children for whom the Department is legally
    SB3196 Enrolled           - 24 - LRB104 20388 KTG 33848 b

1 responsible and who have been determined eligible for

2 Veterans' Benefits, Social Security benefits, assistance

3 allotments from the armed forces, court ordered payments,

4 parental voluntary payments, Supplemental Security Income,

5 Railroad Retirement payments, Black Lung benefits, or other

6 miscellaneous payments. Interest earned by each account shall

7 be credited to the account, unless disbursed in accordance

8 with this subsection.

9   In disbursing funds from children's accounts, the

10 Department shall:

11  (1) Establish standards in accordance with State and

12  federal laws for disbursing money from children's

13  accounts. In all circumstances, the Department's

14  Guardianship Administrator or the Guardianship

15  Administrator's designee must approve disbursements from

16  children's accounts. The Department shall be responsible

17  for keeping complete records of all disbursements for each

18  account for any purpose.

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

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

21  not covered under Medicaid, and social services; and

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

23  regulation, to reimburse those costs. Monthly,

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

25  $13,000,000, shall be deposited by the Department into the

26  General Revenue Fund and the balance over 1/12 of
    SB3196 Enrolled  - 25 - LRB104 20388 KTG 33848 b

1   $13,000,000 into the DCFS Children's Services Fund.

2   (3) Maintain any balance remaining after reimbursing

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

4   The balance shall accumulate in accordance with relevant

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

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

7   (r) The Department shall promulgate regulations

8 encouraging all adoption agencies to voluntarily forward to

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

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

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

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

13 of such names and addresses shall be maintained by the

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

15 confidentiality of the person seeking to adopt the child and

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

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

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

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

20 Department shall ensure that such agent maintains the

21 confidentiality of the person seeking to adopt the child and

22 of the child.

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

24 establish and implement a program to reimburse caregivers

25 licensed, certified, or otherwise approved by the Department

26 of Children and Family Services for damages sustained by the
    SB3196 Enrolled  - 26 - LRB104 20388 KTG 33848 b

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

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

3 party coverage for such caregivers with regard to actions of

4 children placed by the Department to other individuals. Such

5 coverage will be secondary to the caregiver's liability

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

7 through appropriations from the General Revenue Fund,

8 specifically designated for such purposes.

9   (t) The Department shall perform home studies and

10 investigations and shall exercise supervision over visitation

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

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

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

14  directs the Department to perform such services; and

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

16  the proceeding to reimburse the Department for its

17  reasonable costs for providing such services in accordance

18  with Department rules, or has determined that neither

19  party is financially able to pay.

20  The Department shall provide written notification to the

21 court of the specific arrangements for supervised visitation

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

23 The Department shall send to the court information related to

24 the costs incurred except in cases where the court has

25 determined the parties are financially unable to pay. The

26 court may order additional periodic reports as appropriate.
    SB3196 Enrolled  - 27 - LRB104 20388 KTG 33848 b

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

2 provided, whenever the Department places a child with a

3 prospective adoptive parent or parents, in a licensed foster

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

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

6 Department shall provide to the caregiver, appropriate

7 facility staff, or prospective adoptive parent or parents:

8        (1) available detailed information concerning the

9   child's educational and health history, copies of

10  immunization records (including insurance and medical card

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

12  placements, if any, and reasons for placement changes

13  excluding any information that identifies or reveals the

14  location of any previous caregiver or adoptive parents;

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

16  service plan, including any visitation arrangement, and

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

18  and

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

20  individualized education program educational plan when the

21  child is receiving special education services.

22  The caregiver, appropriate facility staff, or prospective

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

24 social or behavioral information (including, but not limited

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

26 abuse, destructive behavior, and substance abuse) necessary to
    SB3196 Enrolled  - 28 - LRB104 20388 KTG 33848 b

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

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

3 summary of the information required by this paragraph, which

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

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

6 caregiver, appropriate facility staff, or prospective adoptive

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

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

9 placement, casework staff shall at least provide known

10 information verbally, if necessary, and must subsequently

11 provide the information in writing as required by this

12 subsection.

13  The information described in this subsection shall be

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

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

16 of written information, the Department shall provide such

17 information as it becomes available. Within 10 business days

18 after placement, the Department shall obtain from the

19 caregiver, appropriate facility staff, or prospective adoptive

20 parent or parents a signed verification of receipt of the

21 information provided. Within 10 business days after placement,

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

23 a copy of the information provided to the caregiver,

24 appropriate facility staff, or prospective adoptive parent or

25 parents. The information provided to the caregiver,

26 appropriate facility staff, or prospective adoptive parent or
    SB3196 Enrolled       - 29 - LRB104 20388 KTG 33848 b

1 parents shall be reviewed and approved regarding accuracy at

2 the supervisory level.

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

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

5 eligible to receive foster care maintenance payments from the

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

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

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

9 a certified relative caregiver home under Section 3.4 of the

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

11 be eligible to receive payments from the Department in an

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

13 family homes and certified relative caregiver homes.

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

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

16 adopt rules to implement a relative support program, as

17 follows:

18  (1) For relative and certified relative caregivers,

19  the Department is authorized to reimburse or prepay

20  reasonable expenditures to remedy home conditions

21  necessary to fulfill the home safety-related requirements

22  of relative caregiver homes.

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

24  funds to relative and certified relative caregiver homes

25  experiencing extreme hardships due to the difficulty and

26  stress associated with adding youth in care as new
    SB3196 Enrolled     - 30 - LRB104 20388 KTG 33848 b

1   household members.

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

3   include in any State Plan made in accordance with the

4   Adoption Assistance and Child Welfare Act of 1980, Titles

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

6   applicable federal laws the provision of kinship navigator

7   program services. The Department shall apply for and

8   administer all relevant federal aid in accordance with

9   law. Federal funds acquired for the kinship navigator

10  program shall be used for the development, implementation,

11  and operation of kinship navigator program services. The

12  kinship navigator program services may provide

13  information, referral services, support, and assistance to

14  relative and certified relative caregivers of youth in

15  care to address their unique needs and challenges. Until

16  the Department is approved to receive federal funds for

17  these purposes, the Department shall publicly post on the

18  Department's website semi-annual updates regarding the

19  Department's progress in pursuing federal funding.

20  Whenever the Department publicly posts these updates on

21  its website, the Department shall notify the General

22  Assembly through the General Assembly's designee.

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

24 subsidized guardianship and adoption and to prevent disruption

25 in guardianship and adoptive placements, the Department shall

26 establish and maintain accessible subsidized guardianship and
    SB3196 Enrolled              - 31 - LRB104 20388 KTG 33848 b

1 adoption support services for all children under 18 years of

2 age placed in guardianship or adoption who, immediately

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

4 guardianship of the Department under Article II of the

5 Juvenile Court Act of 1987.

6   The Department shall establish and maintain a toll-free

7 number to respond to requests from the public about its

8 subsidized guardianship and adoption support services under

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

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

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

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

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

14 number the Department operates to respond to post-adoption

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

16 Adoption Act. The Department shall publicize information about

17 the Department's subsidized guardianship support services and

18 toll-free number as follows:

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

20  website;

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

22  child welfare agency and any entity providing subsidized

23  guardianship support services in Illinois courts;

24  (3) it shall reference such information in the

25  materials the Department provides to caregivers pursuing

26  subsidized guardianship to inform them of their rights and
    SB3196 Enrolled   - 32 - LRB104 20388 KTG 33848 b

1   responsibilities under the Child Care Act of 1969 and this

2   Act;

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

4   Department's Post Adoption and Guardianship Services

5   booklet, to eligible caregivers as part of its

6   guardianship training and at the time they are presented

7   with the Permanency Commitment form;

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

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

10  flier or news bulletin in plain language that describes

11  access to post-guardianship services, how to access

12  services under the Family Support Program, formerly known

13  as the Individual Care Grant Program, the webpage address

14  to the Post Adoption and Guardianship Services booklet,

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

16  mailed; and

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

18  this State, when established, have this information to

19  include in materials the programs provide to caregivers.

20  No later than July 1, 2026, the Department shall provide a

21 mechanism for the public to make information requests by

22 electronic means.

23  The Department shall review and update annually all

24 information relating to its subsidized guardianship support

25 services, including its Post Adoption and Guardianship

26 Services booklet, to include updated information on Family
    SB3196 Enrolled  - 33 - LRB104 20388 KTG 33848 b

1 Support Program services eligibility and subsidized

2 guardianship support services that are available through the

3 medical assistance program established under Article V of the

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

5 health services. The Department and the Department of

6 Healthcare and Family Services shall coordinate their efforts

7 in the development of these resources.

8   Every licensed child welfare agency and any entity

9 providing kinship navigator programs funded by the Department

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

11 Department's subsidized guardianship support services

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

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

14 will be providing guardianship placement for a child placed by

15 the Department.

16  (v) The Department shall access criminal history record

17 information as defined in the Illinois Uniform Conviction

18 Information Act and information maintained in the adjudicatory

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

20 of the Illinois State Police Law if the Department determines

21 the information is necessary to perform its duties under the

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

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

24 Department shall provide for interactive computerized

25 communication and processing equipment that permits direct

26 online on-line communication with the Illinois State Police's
    SB3196 Enrolled          - 34 - LRB104 20388 KTG 33848 b

1 central criminal history data repository. The Department shall

2 comply with all certification requirements and provide

3 certified operators who have been trained by personnel from

4 the Illinois State Police. In addition, one Office of the

5 Inspector General investigator shall have training in the use

6 of the criminal history information access system and have

7 access to the terminal. The Department of Children and Family

8 Services and its employees shall abide by rules and

9 regulations established by the Illinois State Police relating

10 to the access and dissemination of this information.

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

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

13 a criminal records background check of the prospective foster

14 or adoptive parent, including fingerprint-based checks of

15 national crime information databases. Final approval for

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

17 felony conviction for child abuse or neglect, for spousal

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

19 violence, including human trafficking, sex trafficking, rape,

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

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

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

23 within the past 5 years.

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

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

26 its child abuse and neglect registry for information
    SB3196 Enrolled             - 35 - LRB104 20388 KTG 33848 b

1 concerning prospective foster and adoptive parents, and any

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

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

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

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

6 neglect registry.

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

8 related child in a certified relative caregiver home as

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

10 Department shall ensure that the background screening meets

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

12 the Child Care Act of 1969.

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

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

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

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

17 certified relative caregiver, the Department shall:

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

19  information concerning the prospective relative caregiver

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

21  relative caregiver or other adult living in the home has

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

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

24  child abuse and neglect registry; and

25  (ii) conduct a criminal records background check of

26  the prospective relative caregiver and all other adults
    SB3196 Enrolled           - 36 - LRB104 20388 KTG 33848 b

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

2   national crime information databases. Final approval for

3   placement shall not be granted if the record check reveals

4   a felony conviction for child abuse or neglect, for

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

6   crime involving violence, including human trafficking, sex

7   trafficking, rape, sexual assault, or homicide, but not

8   including other physical assault or battery, or if there

9   is a felony conviction for physical assault, battery, or a

10  drug-related offense committed within the past 5 years;

11  provided however, that the Department is empowered to

12  grant a waiver as the Department may provide by rule, and

13  the Department approves the request for the waiver based

14  on a comprehensive evaluation of the caregiver and

15  household members and the conditions relating to the

16  safety of the placement.

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

18 rules or revise existing rules to effectuate the changes made

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

20 essential elements of each form used in the implementation and

21 enforcement of the provisions of this amendatory Act of the

22 103rd General Assembly.

23  (w) (Blank).

24  (x) The Department shall conduct annual credit history

25 checks to determine the financial history of children placed

26 under its guardianship pursuant to the Juvenile Court Act of
    SB3196 Enrolled          - 37 - LRB104 20388 KTG 33848 b

1 1987. The Department shall conduct such credit checks starting

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

3 thereafter for the duration of the guardianship as terminated

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

5 shall determine if financial exploitation of the child's

6 personal information has occurred. If financial exploitation

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

8 Department shall notify the proper law enforcement agency, the

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

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

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

12 residential and educational services from the Department shall

13 be eligible to receive transition services in accordance with

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

15 21, inclusive, notwithstanding the child's residential

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

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

18 by the federal Individuals with Disabilities Education

19 Improvement Act of 2004.

20  (z) The Department shall access criminal history record

21 information as defined as "background information" in this

22 subsection and criminal history record information as defined

23 in the Illinois Uniform Conviction Information Act for each

24 Department employee or Department applicant. Each Department

25 employee or Department applicant shall submit the employee's

26 or applicant's fingerprints to the Illinois State Police in
    SB3196 Enrolled        - 38 - LRB104 20388 KTG 33848 b

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

2 These fingerprints shall be checked against the fingerprint

3 records now and hereafter filed in the Illinois State Police

4 and the Federal Bureau of Investigation criminal history

5 records databases. The Illinois State Police shall charge a

6 fee for conducting the criminal history record check, which

7 shall be deposited into the State Police Services Fund and

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

9 Illinois State Police shall furnish, pursuant to positive

10 identification, all Illinois conviction information to the

11 Department of Children and Family Services.

12  For purposes of this subsection:

13  "Background information" means all of the following:

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

15  Family Services, conviction information obtained from the

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

17  criminal history records check of the Illinois criminal

18  history records database and the Federal Bureau of

19  Investigation criminal history records database concerning

20  a Department employee or Department applicant.

21  (ii) Information obtained by the Department of

22  Children and Family Services after performing a check of

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

24  authorized by Section 120 of the Sex Offender Community

25  Notification Law, concerning a Department employee or

26  Department applicant.
    SB3196 Enrolled  - 39 - LRB104 20388 KTG 33848 b

1   (iii) Information obtained by the Department of

2   Children and Family Services after performing a check of

3   the Child Abuse and Neglect Tracking System (CANTS)

4   operated and maintained by the Department.

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

6 employee coded or certified within the State of Illinois

7 Personnel System.

8   "Department applicant" means an individual who has

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

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

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

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

13 entity licensed by the Department, or an unlicensed service

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

15 and whose work may bring the unlicensed service provider into

16 contact with Department clients or client records.

17  (aa) The changes made to this Section by Public Act

18 104-165 this amendatory Act of the 104th General Assembly are

19 declarative of existing law and are not a new enactment.

20 (Source: P.A. 103-22, eff. 8-8-23; 103-50, eff. 1-1-24;

21 103-546, eff. 8-11-23; 103-605, eff. 7-1-24; 103-1061, eff.

22 7-1-25; 104-165, eff. 8-15-25; revised 9-11-25.)

23  (Text of Section after amendment by P.A. 104-107)

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

25 Children and Family Services. To provide direct child welfare
    SB3196 Enrolled          - 40 - LRB104 20388 KTG 33848 b

1 services when not available through other public or private

2 child care or program facilities.

3   (a) For purposes of this Section:

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

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

6   persons under age 21 who:

7   (A) were committed to the Department pursuant to

8   the Juvenile Court Act or the Juvenile Court Act of

9   1987 and who continue under the jurisdiction of the

10  court; or

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

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

13  interest in the discretion of the Department would be

14  served by continuing that care, service and training

15  because of severe emotional disturbances, physical

16  disability, social adjustment or any combination

17  thereof, or because of the need to complete an

18  educational or vocational training program.

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

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

21  stable living situation and cannot be reunited with their

22  families.

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

24  services which are directed toward the accomplishment of

25  the following purposes:

26  (A) protecting and promoting the health, safety
    SB3196 Enrolled  - 41 - LRB104 20388 KTG 33848 b

1   and welfare of children, including homeless,

2   dependent, or neglected children;

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

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

5   exploitation, or delinquency of children;

6   (C) preventing the unnecessary separation of

7   children from their families by identifying family

8   problems, assisting families in resolving their

9   problems, and preventing the breakup of the family

10  where the prevention of child removal is desirable and

11  possible when the child can be cared for at home

12  without endangering the child's health and safety;

13  (D) restoring to their families children who have

14  been removed, by the provision of services to the

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

16  at home without endangering the child's health and

17  safety;

18  (E) placing children in suitable permanent family

19  arrangements, through guardianship or adoption, in

20  cases where restoration to the birth family is not

21  safe, possible, or appropriate;

22  (F) at the time of placement, conducting

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

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

25  earliest opportunity. Consideration should be given so

26  that if reunification fails or is delayed, the
    SB3196 Enrolled       - 42 - LRB104 20388 KTG 33848 b

1   placement made is the best available placement to

2   provide permanency for the child;

3   (F-1) preparing adolescents to successfully

4   transition to independence, including transition

5   planning for youth who qualify for a guardian as a

6   person with a disability under Article XIa of the

7   Probate Act of 1975;

8   (G) (blank);

9   (H) (blank); and

10  (I) placing and maintaining children in facilities

11  that provide separate living quarters for children

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

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

14  last year of high school education or vocational

15  training, in an approved individual or group treatment

16  program, in a licensed shelter facility, or secure

17  child care facility. The Department is not required to

18  place or maintain children:

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

20                   (ii) who are persons with a developmental

21  disability, as defined in the Mental Health and

22  Developmental Disabilities Code, or

23                   (iii) who are female children who are

24  pregnant, pregnant and parenting, or parenting, or

25                   (iv) who are siblings, in facilities that

26  provide separate living quarters for children 18
    SB3196 Enrolled             - 43 - LRB104 20388 KTG 33848 b

1   years of age and older and for children under 18

2   years of age.

3   (b) (Blank).

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

5 process for all licensed residential providers in Illinois to

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

7 receive reimbursement for children's mental health, substance

8 use, and developmental disability services from the Department

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

10 Department of Healthcare and Family Services. The requested

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

12 and occupancy data for the purpose of establishing State need

13 and placement availability.

14  All information collected, shared, or stored pursuant to

15 this subsection shall be handled in accordance with all State

16 and federal privacy laws and accompanying regulations and

17 rules, including, without limitation, the federal Health

18 Insurance Portability and Accountability Act of 1996 (Public

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

20 Disabilities Confidentiality Act.

21  (c) The Department shall establish and maintain

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

23 improve voluntary services throughout the State, to the end

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

25 throughout the State to children requiring such services.

26  (d) The Director may authorize advance disbursements for
    SB3196 Enrolled  - 44 - LRB104 20388 KTG 33848 b

1 any new program initiative to any agency contracting with the

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

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

4 disbursement and have a purchase of service contract approved

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

6 operational expenses in advance. The amount of the advance

7 disbursement shall be prorated over the life of the contract

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

9 and the installment amount shall then be deducted from future

10 bills. Advance disbursement authorizations for new initiatives

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

12 during 2 consecutive fiscal years. The requirements of this

13 Section concerning advance disbursements shall not apply with

14 respect to the following: payments to local public agencies

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

16 Act; and youth service programs receiving grant funds under

17 Section 17a-4.

18  (e) (Blank).

19  (f) (Blank).

20  (g) The Department shall establish rules and regulations

21 concerning its operation of programs designed to meet the

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

23 permanency, including, but not limited to:

24  (1) reunification, guardianship, and adoption;

25  (2) relative and licensed foster care;

26  (3) family counseling;
    SB3196 Enrolled     - 45 - LRB104 20388 KTG 33848 b

1   (4) protective services;

2   (5) (blank);

3   (6) homemaker service;

4   (7) return of runaway children;

5   (8) (blank);

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

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

8   Court Act of 1987 in accordance with the federal Adoption

9   Assistance and Child Welfare Act of 1980;

10  (10) interstate services; and

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

12  Rules and regulations established by the Department shall

13 include provisions for training Department staff and the staff

14 of Department grantees, through contracts with other agencies

15 or resources, in screening techniques to identify substance

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

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

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

19 purpose of identifying children and adults who should be

20 referred for an assessment at an organization appropriately

21 licensed by the Department of Human Services for substance use

22 disorder treatment.

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

24 program or facility within or available to the Department for

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

26 adequate and appropriate program or none agrees to accept the
    SB3196 Enrolled       - 46 - LRB104 20388 KTG 33848 b

1 youth in care, the Department shall create an appropriate

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

3 The plan may be developed within the Department or through

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

5 within its statutory authority to do.

6   (i) Service programs shall be available throughout the

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

8 services:

9   (1) case management;

10  (2) homemakers;

11  (3) counseling;

12  (4) parent education;

13  (5) day care;

14  (6) emergency assistance and advocacy; and

15  (7) kinship navigator and relative caregiver supports.

16  In addition, the following services may be made available

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

18  (1) comprehensive family-based services;

19  (2) assessments;

20  (3) respite care; and

21  (4) in-home health services.

22  The Department shall provide transportation for any of the

23 services it makes available to children or families or for

24 which it refers children or families.

25  (j) The Department may provide categories of financial

26 assistance and education assistance grants, and shall
    SB3196 Enrolled              - 47 - LRB104 20388 KTG 33848 b

1 establish rules and regulations concerning the assistance and

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

3 children with physical or mental disabilities, children who

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

5 prior to their adoption or subsidized guardianship were youth

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

7 assistance with respect to a prior adoption and who become

8 available for adoption because the prior adoption has been

9 dissolved and the parental rights of the adoptive parents have

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

11 died. The Department may continue to provide financial

12 assistance and education assistance grants for a child who was

13 determined eligible for financial assistance under this

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

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

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

17 parents. The Department may also provide categories of

18 financial assistance and education assistance grants, and

19 shall establish rules and regulations for the assistance and

20 grants, to persons appointed guardian of the person under

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

22 4-25, or 5-740 of the Juvenile Court Act of 1987 for children

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

24 appointment of the guardian.

25  The amount of assistance may vary, depending upon the

26 needs of the child and the adoptive parents or subsidized
    SB3196 Enrolled    - 48 - LRB104 20388 KTG 33848 b

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

2 Special purpose grants are allowed where the child requires

3 special service but such costs may not exceed the amounts

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

5 provide or secure them as guardian of the child.

6   Any financial assistance provided under this subsection is

7 inalienable by assignment, sale, execution, attachment,

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

9 a judgment or debt.

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

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

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

13 outside of the State of Illinois.

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

15 child who has been adjudicated neglected or abused, or

16 dependent committed to it pursuant to the Juvenile Court Act

17 or the Juvenile Court Act of 1987.

18  (l) The Department shall offer family preservation

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

20 Neglected Child Reporting Act, to help families, including

21 adoptive and extended families. Family preservation services

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

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

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

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

26 (iii) to maintain an adoption or subsidized guardianship.
    SB3196 Enrolled  - 49 - LRB104 20388 KTG 33848 b

1 Family preservation services shall only be offered when doing

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

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

4 Juvenile Court Act of 1987, family preservation services shall

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

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

7 has been set, except that reunification services may be

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

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

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

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

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

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

14 calls for services to facilitate achievement of the permanency

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

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

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

18 provided with reasonable promptness and if those services are

19 available.

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

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

22 family preservation services as identified in the service

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

24 services as soon as the report is determined to be

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

26 family with respect to whom a report of suspected child abuse
    SB3196 Enrolled  - 50 - LRB104 20388 KTG 33848 b

1 or neglect has been filed, prior to concluding its

2 investigation under Section 7.12 of the Abused and Neglected

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

4 willingness to accept services shall not be considered in the

5 investigation. The Department may also provide services to any

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

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

8 services available from other agencies in the community, even

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

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

11 subject the child or family to future reports of suspected

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

13 voluntary. The Department may also provide services to any

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

15 alternative to an investigation, as provided under the

16 "differential response program" provided for in subsection

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

18 Reporting Act.

19  The Department may, at its discretion except for those

20 children also adjudicated neglected or dependent, accept for

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

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

23 requiring authoritative intervention, under the Juvenile Court

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

25 be committed to the Department by any court without the

26 approval of the Department. On and after January 1, 2015 (the
SB3196 Enrolled  - 51 - LRB104 20388 KTG 33848 b

 1 effective date of Public Act 98-803) and before January 1,
 2 2017, a minor charged with a criminal offense under the
 3 Criminal Code of 1961 or the Criminal Code of 2012 or
 4 adjudicated delinquent shall not be placed in the custody of
 5 or committed to the Department by any court, except (i) a minor
 6 less than 16 years of age committed to the Department under
 7 Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
 8 for whom an independent basis of abuse, neglect, or dependency
 9 exists, which must be defined by departmental rule, or (iii) a
10 minor for whom the court has granted a supplemental petition
11 to reinstate wardship pursuant to subsection (2) of Section
12 2-33 of the Juvenile Court Act of 1987. On and after January 1,
13 2017, a minor charged with a criminal offense under the
14 Criminal Code of 1961 or the Criminal Code of 2012 or
15 adjudicated delinquent shall not be placed in the custody of
16 or committed to the Department by any court, except (i) a minor
17 less than 15 years of age committed to the Department under
18 Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
19 for whom an independent basis of abuse, neglect, or dependency
20 exists, which must be defined by departmental rule, or (iii) a
21 minor for whom the court has granted a supplemental petition
22 to reinstate wardship pursuant to subsection (2) of Section
23 2-33 of the Juvenile Court Act of 1987. An independent basis
24 exists when the allegations or adjudication of abuse, neglect,
25 or dependency do not arise from the same facts, incident, or
26 circumstances which give rise to a charge or adjudication of
   SB3196 Enrolled  - 52 - LRB104 20388 KTG 33848 b

1 delinquency. The Department shall assign a caseworker to

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

3 the Department who is placed on aftercare release, including

4 hearings involving sanctions for violation of aftercare

5 release conditions and aftercare release revocation hearings.

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

7 implement a special program of family preservation services to

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

9 are experiencing extreme hardships due to the difficulty and

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

11 pervasive developmental disorder if the Department determines

12 that those services are necessary to ensure the health and

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

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

15 and Neglected Child Reporting Act. The Department may refer

16 the child or family to services available from other agencies

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

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

19 future reports of suspected child abuse or neglect. Acceptance

20 of these services shall be voluntary. The Department shall

21 develop and implement a public information campaign to alert

22 health and social service providers and the general public

23 about these special family preservation services. The nature

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

25 served under the special program implemented under this

26 paragraph shall be determined by the level of funding that the
    SB3196 Enrolled  - 53 - LRB104 20388 KTG 33848 b

1 Department annually allocates for this purpose. The term

2 "pervasive developmental disorder" under this paragraph means

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

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

5 edition of the Diagnostic and Statistical Manual of Mental

6 Disorders of the American Psychiatric Association.

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

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

9 most permanent living arrangement that is an appropriate

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

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

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

13 practically possible. To achieve this goal, the General

14 Assembly directs the Department of Children and Family

15 Services to conduct concurrent planning so that permanency may

16 occur at the earliest opportunity. Permanent living

17 arrangements may include prevention of placement of a child

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

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

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

21 temporary placement is necessary; or movement of the child

22 toward the most appropriate living arrangement and legal

23 status.

24  When determining reasonable efforts to be made with

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

26 making such reasonable efforts, the child's health and safety
    SB3196 Enrolled  - 54 - LRB104 20388 KTG 33848 b

1 shall be the paramount concern.

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

3 shall ensure and document that reasonable efforts were made to

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

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

6 reunify the family when temporary placement of the child

7 occurs unless otherwise required, pursuant to the Juvenile

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

9 where the Department believes that further reunification

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

11 the court that reasonable efforts are no longer appropriate.

12 The Department is not required to provide further

13 reunification services after such a finding.

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

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

16 best interests. The Department shall make diligent efforts to

17 place the child with a relative, document those diligent

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

19 secure such a relative placement. If the primary issue

20 preventing an emergency placement of a child with a relative

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

22 concrete goods, safety modifications, and services, the

23 Department shall make diligent efforts to assist the relative

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

25 2025, the Department shall adopt rules defining what is

26 diligent and necessary in providing supports to potential
    SB3196 Enrolled     - 55 - LRB104 20388 KTG 33848 b

1 relative placements. At the time of placement, consideration

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

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

4 permanent placement for the child.

5   The Department shall adopt rules addressing concurrent

6 planning for reunification and permanency. The Department

7 shall consider the following factors when determining

8 appropriateness of concurrent planning:

9   (1) the likelihood of prompt reunification;

10  (2) the past history of the family;

11  (3) the barriers to reunification being addressed by

12  the family;

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

14  (4.5) the child's wishes;

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

16  family to reunite;

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

18  provide a permanent placement;

19  (7) the age of the child;

20  (8) placement of siblings; and

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

22  parental preferences are contrary to the best interests of

23  the child.

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

25 child if:

26  (1) it has received a written consent to such
    SB3196 Enrolled  - 56 - LRB104 20388 KTG 33848 b

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

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

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

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

5   or

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

7   parent, guardian nor custodian of the child can be

8   located.

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

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

11 Department may, instead of removing the child and assuming

12 temporary custody, place an authorized representative of the

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

14 guardian, or custodian enters the home and expresses a

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

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

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

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

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

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

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

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

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

24 5-415 of the Juvenile Court Act of 1987.

25  The Department shall have the authority, responsibilities

26 and duties that a legal custodian of the child would have
    SB3196 Enrolled  - 57 - LRB104 20388 KTG 33848 b

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

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

3 custody pursuant to an investigation under the Abused and

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

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

6 limited custody, the Department, during the period of

7 temporary custody and before the child is brought before a

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

9 5-415 of the Juvenile Court Act of 1987, shall have the

10 authority, responsibilities and duties that a legal custodian

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

12 the Juvenile Court Act of 1987.

13  The Department shall ensure that any child taken into

14 custody is scheduled for an appointment for a medical

15 examination.

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

17 temporary custody of the Department who would have custody of

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

19 Department may deliver to the Department a signed request that

20 the Department surrender the temporary custody of the child.

21 The Department may retain temporary custody of the child for

22 10 days after the receipt of the request, during which period

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

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

25 Department shall retain temporary custody of the child until

26 the court orders otherwise. If a petition is not filed within
    SB3196 Enrolled  - 58 - LRB104 20388 KTG 33848 b

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

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

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

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

5 temporary custody of the child shall terminate.

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

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

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

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

10 determination is made by the facility director and the

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

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

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

14 subject to placement in a correctional facility operated

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

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

17 of the Department before being subject to placement in a

18 correctional facility and a court of competent jurisdiction

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

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

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

22 the Department, appropriate services aimed at family

23 preservation have been unsuccessful and cannot ensure the

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

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

26 clothing, care, training and supervision of any child placed
    SB3196 Enrolled           - 59 - LRB104 20388 KTG 33848 b

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

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

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

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

5 Department for any child placed in a licensed child care

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

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

8 maintaining and of caring for a child in institutions for

9 dependent or neglected children operated by the Department.

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

11 where children require specialized care and treatment for

12 problems of severe emotional disturbance, physical disability,

13 social adjustment, or any combination thereof and suitable

14 facilities for the placement of such children are not

15 available at payment rates within the limitations set forth in

16 this Section. All reimbursements for services delivered shall

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

18 garnishment or otherwise.

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

20 welfare services, aimed at assisting minors to achieve

21 sustainable self-sufficiency as independent adults, for any

22 minor eligible for the reinstatement of wardship pursuant to

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

24 1987, whether or not such reinstatement is sought or allowed,

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

26 yet attained the age of 21. The Department shall have
    SB3196 Enrolled     - 60 - LRB104 20388 KTG 33848 b

1 responsibility for the development and delivery of services

2 under this Section. An eligible youth may access services

3 under this Section through the Department of Children and

4 Family Services or by referral from the Department of Human

5 Services. Youth participating in services under this Section

6 shall cooperate with the assigned case manager in developing

7 an agreement identifying the services to be provided and how

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

9 homeless shelter is not considered appropriate housing for any

10 youth receiving child welfare services under this Section. The

11 Department shall continue child welfare services under this

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

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

14 self-sufficiency as identified in the minor's service plan.

15 The Department of Children and Family Services shall create

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

17 child welfare services under this Section and how such

18 services may be obtained. The Department of Children and

19 Family Services and the Department of Human Services shall

20 disseminate this information statewide. The Department shall

21 adopt regulations describing services intended to assist

22 minors in achieving sustainable self-sufficiency as

23 independent adults.

24  (o) The Department shall establish an administrative

25 review and appeal process for children and families who

26 request or receive child welfare services from the Department.
SB3196 Enrolled  - 61 - LRB104 20388 KTG 33848 b

 1 Youth in care who are placed by private child welfare
 2 agencies, and caregivers with whom those youth are placed,
 3 shall be afforded the same procedural and appeal rights as
 4 children and families in the case of placement by the
 5 Department, including the right to an initial review of a
 6 private agency decision by that agency. The Department shall
 7 ensure that any private child welfare agency, which accepts
 8 youth in care for placement, affords those rights to children
 9 and caregivers with whom those children are placed. The
10 Department shall accept for administrative review and an
11 appeal hearing a complaint made by (i) a child or caregiver
12 with whom the child is placed concerning a decision following
13 an initial review by a private child welfare agency or (ii) a
14 prospective adoptive parent who alleges a violation of
15 subsection (j-5) of this Section. An appeal of a decision
16 concerning a change in the placement of a child shall be
17 conducted in an expedited manner. A court determination that a
18 current placement is necessary and appropriate under Section
19 2-28 of the Juvenile Court Act of 1987 does not constitute a
20 judicial determination on the merits of an administrative
21 appeal, filed by a former caregiver, involving a change of
22 placement decision. No later than July 1, 2025, the Department
23 shall adopt rules to develop a reconsideration process to
24 review: a denial of certification of a relative, a denial of
25 placement with a relative, and a denial of visitation with an
26 identified relative. Rules shall include standards and
    SB3196 Enrolled     - 62 - LRB104 20388 KTG 33848 b

1 criteria for reconsideration that incorporate the best

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

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

4 multiple relatives seek certification, and provide that all

5 rules regarding placement changes shall be followed. The rules

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

7 implementation and enforcement of the provisions of this

8 amendatory Act of the 103rd General Assembly.

9   (p) (Blank).

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

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

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

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

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

15 the Department, except that the benefits described in Section

16 5.46 must be used and conserved consistent with the provisions

17 under Section 5.46.

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

19 interest-bearing accounts in appropriate financial

20 institutions for children for whom the Department is legally

21 responsible and who have been determined eligible for

22 Veterans' Benefits, Social Security benefits, assistance

23 allotments from the armed forces, court ordered payments,

24 parental voluntary payments, Supplemental Security Income,

25 Railroad Retirement payments, Black Lung benefits, or other

26 miscellaneous payments. Interest earned by each account shall
    SB3196 Enrolled           - 63 - LRB104 20388 KTG 33848 b

1 be credited to the account, unless disbursed in accordance

2 with this subsection.

3   In disbursing funds from children's accounts, the

4 Department shall:

5   (1) Establish standards in accordance with State and

6   federal laws for disbursing money from children's

7   accounts. In all circumstances, the Department's

8   Guardianship Administrator or the Guardianship

9   Administrator's designee must approve disbursements from

10  children's accounts. The Department shall be responsible

11  for keeping complete records of all disbursements for each

12  account for any purpose.

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

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

15  not covered under Medicaid, and social services; and

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

17  regulation, to reimburse those costs. Monthly,

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

19  $13,000,000, shall be deposited by the Department into the

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

21  $13,000,000 into the DCFS Children's Services Fund.

22  (3) Maintain any balance remaining after reimbursing

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

24  The balance shall accumulate in accordance with relevant

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

26  or the child's guardian or to the issuing agency.
    SB3196 Enrolled     - 64 - LRB104 20388 KTG 33848 b

1   (q-5) The Department shall require periodic verification

2 of accounts identified as belonging to or held for the benefit

3 of a youth in care to ensure the preservation of the youth's

4 financial resources.

5   (q-10)The Department shall adopt rules establishing a

6 process by which a youth, or the youth's parent, guardian,

7 attorney, or guardian ad litem may request an accounting of

8 funds held, conserved, or expended by the Department on behalf

9 of a youth in care and accounts known to the Department under

10 subsection (q-5).

11  (r) The Department shall promulgate regulations

12 encouraging all adoption agencies to voluntarily forward to

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

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

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

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

17 of such names and addresses shall be maintained by the

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

19 confidentiality of the person seeking to adopt the child and

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

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

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

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

24 Department shall ensure that such agent maintains the

25 confidentiality of the person seeking to adopt the child and

26 of the child.
    SB3196 Enrolled  - 65 - LRB104 20388 KTG 33848 b

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

2 establish and implement a program to reimburse caregivers

3 licensed, certified, or otherwise approved by the Department

4 of Children and Family Services for damages sustained by the

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

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

7 party coverage for such caregivers with regard to actions of

8 children placed by the Department to other individuals. Such

9 coverage will be secondary to the caregiver's liability

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

11 through appropriations from the General Revenue Fund,

12 specifically designated for such purposes.

13  (t) The Department shall perform home studies and

14 investigations and shall exercise supervision over visitation

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

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

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

18  directs the Department to perform such services; and

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

20  the proceeding to reimburse the Department for its

21  reasonable costs for providing such services in accordance

22  with Department rules, or has determined that neither

23  party is financially able to pay.

24  The Department shall provide written notification to the

25 court of the specific arrangements for supervised visitation

26 and projected monthly costs within 60 days of the court order.
    SB3196 Enrolled  - 66 - LRB104 20388 KTG 33848 b

1 The Department shall send to the court information related to

2 the costs incurred except in cases where the court has

3 determined the parties are financially unable to pay. The

4 court may order additional periodic reports as appropriate.

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

6 provided, whenever the Department places a child with a

7 prospective adoptive parent or parents, in a licensed foster

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

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

10 Department shall provide to the caregiver, appropriate

11 facility staff, or prospective adoptive parent or parents:

12       (1) available detailed information concerning the

13  child's educational and health history, copies of

14  immunization records (including insurance and medical card

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

16  placements, if any, and reasons for placement changes

17  excluding any information that identifies or reveals the

18  location of any previous caregiver or adoptive parents;

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

20  service plan, including any visitation arrangement, and

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

22  and

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

24  individualized education program educational plan when the

25  child is receiving special education services.

26  The caregiver, appropriate facility staff, or prospective
    SB3196 Enrolled  - 67 - LRB104 20388 KTG 33848 b

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

2 social or behavioral information (including, but not limited

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

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

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

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

7 summary of the information required by this paragraph, which

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

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

10 caregiver, appropriate facility staff, or prospective adoptive

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

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

13 placement, casework staff shall at least provide known

14 information verbally, if necessary, and must subsequently

15 provide the information in writing as required by this

16 subsection.

17  The information described in this subsection shall be

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

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

20 of written information, the Department shall provide such

21 information as it becomes available. Within 10 business days

22 after placement, the Department shall obtain from the

23 caregiver, appropriate facility staff, or prospective adoptive

24 parent or parents a signed verification of receipt of the

25 information provided. Within 10 business days after placement,

26 the Department shall provide to the child's guardian ad litem
    SB3196 Enrolled       - 68 - LRB104 20388 KTG 33848 b

1 a copy of the information provided to the caregiver,

2 appropriate facility staff, or prospective adoptive parent or

3 parents. The information provided to the caregiver,

4 appropriate facility staff, or prospective adoptive parent or

5 parents shall be reviewed and approved regarding accuracy at

6 the supervisory level.

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

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

9 eligible to receive foster care maintenance payments from the

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

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

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

13 a certified relative caregiver home under Section 3.4 of the

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

15 be eligible to receive payments from the Department in an

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

17 family homes and certified relative caregiver homes.

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

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

20 adopt rules to implement a relative support program, as

21 follows:

22  (1) For relative and certified relative caregivers,

23  the Department is authorized to reimburse or prepay

24  reasonable expenditures to remedy home conditions

25  necessary to fulfill the home safety-related requirements

26  of relative caregiver homes.
    SB3196 Enrolled     - 69 - LRB104 20388 KTG 33848 b

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

2   funds to relative and certified relative caregiver homes

3   experiencing extreme hardships due to the difficulty and

4   stress associated with adding youth in care as new

5   household members.

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

7   include in any State Plan made in accordance with the

8   Adoption Assistance and Child Welfare Act of 1980, Titles

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

10  applicable federal laws the provision of kinship navigator

11  program services. The Department shall apply for and

12  administer all relevant federal aid in accordance with

13  law. Federal funds acquired for the kinship navigator

14  program shall be used for the development, implementation,

15  and operation of kinship navigator program services. The

16  kinship navigator program services may provide

17  information, referral services, support, and assistance to

18  relative and certified relative caregivers of youth in

19  care to address their unique needs and challenges. Until

20  the Department is approved to receive federal funds for

21  these purposes, the Department shall publicly post on the

22  Department's website semi-annual updates regarding the

23  Department's progress in pursuing federal funding.

24  Whenever the Department publicly posts these updates on

25  its website, the Department shall notify the General

26  Assembly through the General Assembly's designee.
    SB3196 Enrolled              - 70 - LRB104 20388 KTG 33848 b

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

2 subsidized guardianship and adoption and to prevent disruption

3 in guardianship and adoptive placements, the Department shall

4 establish and maintain accessible subsidized guardianship and

5 adoption support services for all children under 18 years of

6 age placed in guardianship or adoption who, immediately

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

8 guardianship of the Department under Article II of the

9 Juvenile Court Act of 1987.

10  The Department shall establish and maintain a toll-free

11 number to respond to requests from the public about its

12 subsidized guardianship and adoption support services under

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

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

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

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

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

18 number the Department operates to respond to post-adoption

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

20 Adoption Act. The Department shall publicize information about

21 the Department's subsidized guardianship support services and

22 toll-free number as follows:

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

24  website;

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

26  child welfare agency and any entity providing subsidized
    SB3196 Enrolled   - 71 - LRB104 20388 KTG 33848 b

1   guardianship support services in Illinois courts;

2   (3) it shall reference such information in the

3   materials the Department provides to caregivers pursuing

4   subsidized guardianship to inform them of their rights and

5   responsibilities under the Child Care Act of 1969 and this

6   Act;

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

8   Department's Post Adoption and Guardianship Services

9   booklet, to eligible caregivers as part of its

10  guardianship training and at the time they are presented

11  with the Permanency Commitment form;

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

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

14  flier or news bulletin in plain language that describes

15  access to post-guardianship services, how to access

16  services under the Family Support Program, formerly known

17  as the Individual Care Grant Program, the webpage address

18  to the Post Adoption and Guardianship Services booklet,

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

20  mailed; and

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

22  this State, when established, have this information to

23  include in materials the programs provide to caregivers.

24  No later than July 1, 2026, the Department shall provide a

25 mechanism for the public to make information requests by

26 electronic means.
    SB3196 Enrolled  - 72 - LRB104 20388 KTG 33848 b

1   The Department shall review and update annually all

2 information relating to its subsidized guardianship support

3 services, including its Post Adoption and Guardianship

4 Services booklet, to include updated information on Family

5 Support Program services eligibility and subsidized

6 guardianship support services that are available through the

7 medical assistance program established under Article V of the

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

9 health services. The Department and the Department of

10 Healthcare and Family Services shall coordinate their efforts

11 in the development of these resources.

12  Every licensed child welfare agency and any entity

13 providing kinship navigator programs funded by the Department

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

15 Department's subsidized guardianship support services

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

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

18 will be providing guardianship placement for a child placed by

19 the Department.

20  (v) The Department shall access criminal history record

21 information as defined in the Illinois Uniform Conviction

22 Information Act and information maintained in the adjudicatory

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

24 of the Illinois State Police Law if the Department determines

25 the information is necessary to perform its duties under the

26 Abused and Neglected Child Reporting Act, the Child Care Act
    SB3196 Enrolled  - 73 - LRB104 20388 KTG 33848 b

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

2 Department shall provide for interactive computerized

3 communication and processing equipment that permits direct

4 online on-line communication with the Illinois State Police's

5 central criminal history data repository. The Department shall

6 comply with all certification requirements and provide

7 certified operators who have been trained by personnel from

8 the Illinois State Police. In addition, one Office of the

9 Inspector General investigator shall have training in the use

10 of the criminal history information access system and have

11 access to the terminal. The Department of Children and Family

12 Services and its employees shall abide by rules and

13 regulations established by the Illinois State Police relating

14 to the access and dissemination of this information.

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

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

17 a criminal records background check of the prospective foster

18 or adoptive parent, including fingerprint-based checks of

19 national crime information databases. Final approval for

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

21 felony conviction for child abuse or neglect, for spousal

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

23 violence, including human trafficking, sex trafficking, rape,

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

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

26 physical assault, battery, or a drug-related offense committed
    SB3196 Enrolled             - 74 - LRB104 20388 KTG 33848 b

1 within the past 5 years.

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

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

4 its child abuse and neglect registry for information

5 concerning prospective foster and adoptive parents, and any

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

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

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

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

10 neglect registry.

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

12 related child in a certified relative caregiver home as

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

14 Department shall ensure that the background screening meets

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

16 the Child Care Act of 1969.

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

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

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

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

21 certified relative caregiver, the Department shall:

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

23  information concerning the prospective relative caregiver

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

25  relative caregiver or other adult living in the home has

26  resided in another state in the preceding 5 years, the
    SB3196 Enrolled           - 75 - LRB104 20388 KTG 33848 b

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

2   child abuse and neglect registry; and

3   (ii) conduct a criminal records background check of

4   the prospective relative caregiver and all other adults

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

6   national crime information databases. Final approval for

7   placement shall not be granted if the record check reveals

8   a felony conviction for child abuse or neglect, for

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

10  crime involving violence, including human trafficking, sex

11  trafficking, rape, sexual assault, or homicide, but not

12  including other physical assault or battery, or if there

13  is a felony conviction for physical assault, battery, or a

14  drug-related offense committed within the past 5 years;

15  provided however, that the Department is empowered to

16  grant a waiver as the Department may provide by rule, and

17  the Department approves the request for the waiver based

18  on a comprehensive evaluation of the caregiver and

19  household members and the conditions relating to the

20  safety of the placement.

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

22 rules or revise existing rules to effectuate the changes made

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

24 essential elements of each form used in the implementation and

25 enforcement of the provisions of this amendatory Act of the

26 103rd General Assembly.
    SB3196 Enrolled          - 76 - LRB104 20388 KTG 33848 b

1   (w) (Blank).

2   (x) The Department shall conduct annual credit history

3 checks to determine the financial history of children placed

4 under its guardianship pursuant to the Juvenile Court Act of

5 1987. The Department shall conduct such credit checks starting

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

7 thereafter for the duration of the guardianship as terminated

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

9 shall determine if financial exploitation of the child's

10 personal information has occurred. If financial exploitation

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

12 Department shall notify the proper law enforcement agency, the

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

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

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

16 residential and educational services from the Department shall

17 be eligible to receive transition services in accordance with

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

19 21, inclusive, notwithstanding the child's residential

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

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

22 by the federal Individuals with Disabilities Education

23 Improvement Act of 2004.

24  (z) The Department shall access criminal history record

25 information as defined as "background information" in this

26 subsection and criminal history record information as defined
    SB3196 Enrolled  - 77 - LRB104 20388 KTG 33848 b

1 in the Illinois Uniform Conviction Information Act for each

2 Department employee or Department applicant. Each Department

3 employee or Department applicant shall submit the employee's

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

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

6 These fingerprints shall be checked against the fingerprint

7 records now and hereafter filed in the Illinois State Police

8 and the Federal Bureau of Investigation criminal history

9 records databases. The Illinois State Police shall charge a

10 fee for conducting the criminal history record check, which

11 shall be deposited into the State Police Services Fund and

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

13 Illinois State Police shall furnish, pursuant to positive

14 identification, all Illinois conviction information to the

15 Department of Children and Family Services.

16  For purposes of this subsection:

17  "Background information" means all of the following:

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

19  Family Services, conviction information obtained from the

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

21  criminal history records check of the Illinois criminal

22  history records database and the Federal Bureau of

23  Investigation criminal history records database concerning

24  a Department employee or Department applicant.

25  (ii) Information obtained by the Department of

26  Children and Family Services after performing a check of
    SB3196 Enrolled        - 78 - LRB104 20388 KTG 33848 b

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

2   authorized by Section 120 of the Sex Offender Community

3   Notification Law, concerning a Department employee or

4   Department applicant.

5   (iii) Information obtained by the Department of

6   Children and Family Services after performing a check of

7   the Child Abuse and Neglect Tracking System (CANTS)

8   operated and maintained by the Department.

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

10 employee coded or certified within the State of Illinois

11 Personnel System.

12  "Department applicant" means an individual who has

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

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

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

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

17 entity licensed by the Department, or an unlicensed service

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

19 and whose work may bring the unlicensed service provider into

20 contact with Department clients or client records.

21  (aa) The changes made to this Section by Public Act

22 104-165 this amendatory Act of the 104th General Assembly are

23 declarative of existing law and are not a new enactment.

24 (Source: P.A. 103-22, eff. 8-8-23; 103-50, eff. 1-1-24;

25 103-546, eff. 8-11-23; 103-605, eff. 7-1-24; 103-1061, eff.

26 7-1-25; 104-107, eff. 7-1-26; 104-165, eff. 8-15-25; revised
         SB3196 Enrolled  - 79 - LRB104 20388 KTG 33848 b
1 9-11-25.)

2   (20 ILCS 505/35.10)

3   (Text of Section before amendment by P.A. 104-107)

4   Sec. 35.10. Documents necessary for adult living. The

5 Department shall assist a youth in care in identifying and

6 obtaining documents necessary to function as an independent

7 adult prior to the closure of the youth's case to terminate

8 wardship as provided in Section 2-31 of the Juvenile Court Act

9 of 1987. These necessary documents shall include, but not be

10 limited to, any of the following:

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

12  (2) Social Security card.

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

14  health passport, dental records, immunization records,

15  name and contact information for all current medical,

16  dental, and mental health providers, and a signed

17  certification that the Department provided the youth with

18  education on executing a healthcare power of attorney.

19  (4) Medicaid card or other health eligibility

20  documentation.

21  (5) Certified copy of birth certificate.

22  (6) Any applicable religious documents.

23  (7) Voter registration card.

24  (8) Immigration, citizenship, or naturalization

25  documentation, if applicable.
    SB3196 Enrolled  - 80 - LRB104 20388 KTG 33848 b

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

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

3   photographs.

4   (11) List of known relatives with relationships,

5   addresses, telephone numbers, and other contact

6   information, with the permission of the involved relative.

7   (12) Resume.

8   (13) Educational records, including list of schools

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

10  Illinois High School Diploma.

11  (14) List of placements while in care.

12  (15) List of community resources with referral

13  information, including the Midwest Adoption Center for

14  search and reunion services for former youth in care,

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

16  of Foster Care Alumni of America.

17  (16) All documents necessary to complete a Free

18  Application for Federal Student Aid form, if applicable,

19  or an application for State financial aid.

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

21  maintained on behalf of the youth as provided under

22  Section 5.46.

23 If a court determines that a youth in care no longer requires

24 wardship of the court and orders the wardship terminated and

25 all proceedings under the Juvenile Court Act of 1987

26 respecting the youth in care finally closed and discharged,
    SB3196 Enrolled            - 81 - LRB104 20388 KTG 33848 b

1 the Department shall ensure that the youth in care receives a
2 copy of the court's order.
3 (Source: P.A. 102-70, eff. 1-1-22; 102-1014, eff. 5-27-22;
4 102-1100, eff. 1-1-23; 103-154, eff. 6-30-23; revised
5 12-12-25.)

6   (Text of Section after amendment by P.A. 104-107)

7   Sec. 35.10. Successful transitions to and documents

8 necessary for adult living.

9   (a) The Department shall make reasonable efforts to

10 develop, in partnership with the youth, an age and

11 developmentally appropriate individualized youth-driven

12 transition plan for each youth in care aged 15 and over to help

13 such youth develop and strengthen those life skills that lead

14 to successful adult living and that reflects the youth's age,

15 developmental needs, lived experiences, strengths, and

16 aspirations. As applicable, based on the youth's minor's age

17 and developmental appropriateness, the youth-driven transition

18 plan shall address the following areas:

19  (1) assessment and development of life skills;

20  (2) education;

21  (3) post high school goals and career planning;

22  (4) driver's education;

23  (5) participation in extracurricular activities;

24  (6) internships and apprenticeships;

25  (7) employment;
    SB3196 Enrolled  - 82 - LRB104 20388 KTG 33848 b

1   (8) housing;

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

3   (10) the youth's financial stability, including

4   developmentally appropriate financial literacy education

5   and information regarding any financial accounts

6   established in the youth's name or for the youth's benefit

7   of which the Department is aware financial stability;

8   (11) connections to supportive adults and peers;

9   (12) transition to adult services;

10  (13) documents necessary for adult living as provided

11  in subsection (b), and information regarding the process

12  by which such documents may be obtained; and

13  (14) child care childcare and parenting supports.

14  The Department shall include the youth-driven transition

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

16 reasonable efforts to assist the youth in accomplishing the

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

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

19 services and how to access such supports and services.

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

21 identifying and obtaining documents necessary to function as

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

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

24 Juvenile Court Act of 1987. These necessary documents shall

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

26  (1) State identification card or driver's license.
    SB3196 Enrolled        - 83 - LRB104 20388 KTG 33848 b

1   (2) Social Security card.

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

3   health passport, dental records, immunization records,

4   name and contact information for all current medical,

5   dental, and mental health providers, and a signed

6   certification that the Department provided the youth with

7   education on executing a healthcare power of attorney.

8   (4) Medicaid card or other health eligibility

9   documentation.

10  (5) Certified copy of birth certificate.

11  (6) Any applicable religious documents.

12  (7) Voter registration card.

13  (8) Immigration, citizenship, or naturalization

14  documentation, if applicable.

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

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

17  photographs.

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

19  provide supports to the youth with relationships,

20  addresses, telephone numbers, and other contact

21  information, with the permission of the involved relative

22  or supportive person.

23  (12) Resume.

24  (13) Educational records, including list of schools

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

26  Illinois High School Diploma.
    SB3196 Enrolled  - 84 - LRB104 20388 KTG 33848 b

1   (14) List of placements while in care.

2   (15) List of community resources with referral

3   information, including Family Advocacy Centers, the

4   Midwest Adoption Center for search and reunion services

5   for former youth in care, whether or not they were

6   adopted, and the Illinois Chapter of Foster Care Alumni of

7   America.

8   (16) All documents necessary to complete a Free

9   Application for Federal Student Aid form, if applicable,

10  or an application for State financial aid.

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

12  maintained on behalf of the youth as provided under

13  Section 5.46.

14  (18) Documentation related to financial accounts

15  established in the youth in care's name or for the youth's

16  benefit.

17  (c) To ensure meaningful youth engagement in Successful

18 Transition to Adulthood Review (STAR) hearings, established

19 under Section 2-28.2 of the Juvenile Court Act of 1987, the

20 Department shall make reasonable efforts to:

21  (1) ensure that each youth in care who is eligible for

22  a STAR hearing is informed of court hearings concerning

23  his or her case at least 10 days in advance of the hearing

24  whenever practicable, and is afforded the opportunity to

25  attend or participate in the STAR hearing; and

26  (2) support each youth in care's attendance in the
    SB3196 Enrolled           - 85 - LRB104 20388 KTG 33848 b

1   youth's STAR hearings, including by providing or arranging

2   transportation or other appropriate accommodations

3   consistent with the youth's age and developmental needs.

4 If a court determines that a youth in care no longer requires

5 wardship of the court and orders the wardship terminated and

6 all proceedings under the Juvenile Court Act of 1987

7 respecting the youth in care finally closed and discharged,

8 the Department shall ensure that the youth in care receives a

9 copy of the court's order.

10 (Source: P.A. 103-154, eff. 6-30-23; 104-107, eff. 7-1-26;

11 revised 12-12-25.)

12  Section 7. The Department of Children and Family Services

13 Statewide Youth Advisory Board Act is amended by changing

14 Sections 5 and 15 as follows:

15  (20 ILCS 527/5)

16  Sec. 5. Statewide Youth Advisory Board; regional youth

17 advisory boards. The Department of Children and Family

18 Services shall convene and maintain a Statewide Youth Advisory

19 Board and regional youth advisory boards. Each regional youth

20 advisory board shall work with the Department or its designee

21 to determine how to best provide services to current and

22 former youth in foster care living within each of the regions.

23 The Statewide Youth Advisory Board shall advise the Department

24 and the General Assembly with respect to all matters involving
    SB3196 Enrolled        - 86 - LRB104 20388 KTG 33848 b

1 or affecting current and former youth in foster care.

2 Responsibilities of the Statewide Youth Advisory Board shall

3 include:

4   (1) providing the Department and the General Assembly

5   with the perspective of youth under the care of the

6   Department;

7   (2) identifying, analyzing, and recommending solutions

8   to any issues concerning adoption and guardianship and

9   youth in foster care;

10  (3) reviewing and advising the Department on proposed

11  or pending legislation, primarily as it concerns current

12  and former youth in foster care; and

13  (4) reviewing and making recommendations on Department

14  foster care and child welfare service delivery policies,

15  guidelines, procedures, rulemaking, and training.

16 (Source: P.A. 98-806, eff. 1-1-15.)

17  (20 ILCS 527/15)

18  Sec. 15. Meetings.

19  (a) Regular meetings of the regional youth advisory boards

20 shall be held monthly.

21  (b) Regular meetings of the Statewide Youth Advisory Board

22 shall be held at least 5 times per year.

23  (c) The Director of the Department or the Director's

24 designee shall meet with the Statewide Youth Advisory Board at

25 least quarterly in order to discuss the issues and concerns of
    SB3196 Enrolled           - 87 - LRB104 20388 KTG 33848 b

1 youth in foster care. The Director or the Director's designee

2 shall affirmatively engage with the Statewide Youth Advisory

3 Board regarding proposed or newly implemented Department

4 policies, guidelines, procedures, rules, and training that

5 materially affect current or former youth in foster care and

6 shall provide the Board a reasonable opportunity to review and

7 offer input when practicable.

8   (d) All meetings shall take place at locations, dates, and

9 times determined by the Department or its designee in

10 accordance with the bylaws for the Statewide Youth Advisory

11 Board and the regional youth advisory boards.

12 (Source: P.A. 103-22, eff. 8-8-23.)

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

14 changing Sections 2-28 and 2-28.2 as follows:

15  (705 ILCS 405/2-28)

16  (Text of Section before amendment by P.A. 104-107)

17  Sec. 2-28. Court review.

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

19 of the person appointed under this Act to report periodically

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

21 court and require the legal custodian, 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. The custodian or guardian,
    SB3196 Enrolled  - 88 - LRB104 20388 KTG 33848 b

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

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

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

4 writing verified by affidavit or orally under oath in open

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

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

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

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

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

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

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

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

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

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

15 is in the best interests of the minor, and if such neglect,

16 abuse, or dependency is found by the court under paragraph (1)

17 of Section 2-21 of this Act to have come about due to the acts

18 or omissions or both of such parent, guardian, or legal

19 custodian, until such time as an investigation is made as

20 provided in paragraph (5) and a hearing is held on the issue of

21 the fitness of such parent, guardian, or legal custodian to

22 care for the minor and the court enters an order that such

23 parent, guardian, or legal custodian is fit to care for the

24 minor.

25  (1.5) The public agency that is the custodian or guardian

26 of the minor shall file a written report with the court no
    SB3196 Enrolled  - 89 - LRB104 20388 KTG 33848 b

1 later than 15 days after a minor in the agency's care remains:

2   (1) in a shelter placement beyond 30 days;

3   (2) in a psychiatric hospital past the time when the

4   minor is clinically ready for discharge or beyond medical

5   necessity for the minor's health; or

6   (3) in a detention center or Department of Juvenile

7   Justice facility solely because the public agency cannot

8   find an appropriate placement for the minor.

9   The report shall explain the steps the agency is taking to

10 ensure the minor is placed appropriately, how the minor's

11 needs are being met in the minor's shelter placement, and if a

12 future placement has been identified by the Department, why

13 the anticipated placement is appropriate for the needs of the

14 minor and the anticipated placement date.

15  (1.6) Within 30 days after placing a child in its care in a

16 qualified residential treatment program, as defined by the

17 federal Social Security Act, the Department of Children and

18 Family Services shall prepare a written report for filing with

19 the court and send copies of the report to all parties. Within

20 20 days of the filing of the report, or as soon thereafter as

21 the court's schedule allows but not more than 60 days from the

22 date of placement, the court shall hold a hearing to consider

23 the Department's report and determine whether placement of the

24 child in a qualified residential treatment program provides

25 the most effective and appropriate level of care for the child

26 in the least restrictive environment and if the placement is
    SB3196 Enrolled         - 90 - LRB104 20388 KTG 33848 b

1 consistent with the short-term and long-term goals for the

2 child, as specified in the permanency plan for the child. The

3 court shall approve or disapprove the placement. If

4 applicable, the requirements of Sections 2-27.1 and 2-27.2

5 must also be met. The Department's written report and the

6 court's written determination shall be included in and made

7 part of the case plan for the child. If the child remains

8 placed in a qualified residential treatment program, the

9 Department shall submit evidence at each status and permanency

10 hearing:

11  (A) demonstrating that ongoing on-going assessment of

12  the strengths and needs of the child continues to support

13  the determination that the child's needs cannot be met

14  through placement in a foster family home, that the

15  placement provides the most effective and appropriate

16  level of care for the child in the least restrictive,

17  appropriate environment, and that the placement is

18  consistent with the short-term and long-term permanency

19  goal for the child, as specified in the permanency plan

20  for the child;

21  (B) documenting the specific treatment or service

22  needs that should be met for the child in the placement and

23  the length of time the child is expected to need the

24  treatment or services;

25  (C) the efforts made by the agency to prepare the

26  child to return home or to be placed with a fit and willing
   SB3196 Enrolled          - 91 - LRB104 20388 KTG 33848 b

1  relative, a legal guardian, or an adoptive parent, or in a

2  foster family home; and

3  (D) beginning July 1, 2025, documenting the

4  Department's efforts regarding ongoing family finding and

5  relative engagement required under Section 2-27.3.

6  (2) The first permanency hearing shall be conducted by the

7 judge. Subsequent permanency hearings may be heard by a judge

8 or by hearing officers appointed or approved by the court in

9 the manner set forth in Section 2-28.1 of this Act. The initial

10 hearing shall be held (a) within 12 months from the date

11 temporary custody was taken, regardless of whether an

12 adjudication or dispositional hearing has been completed

13 within that time frame, (b) if the parental rights of both

14 parents have been terminated in accordance with the procedure

15 described in subsection (5) of Section 2-21, within 30 days of

16 the order for termination of parental rights and appointment

17 of a guardian with power to consent to adoption, or (c) in

18 accordance with subsection (2) of Section 2-13.1. Subsequent

19 permanency hearings shall be held every 6 months or more

20 frequently if necessary in the court's determination following

21 the initial permanency hearing, in accordance with the

22 standards set forth in this Section, until the court

23 determines that the plan and goal have been achieved. Once the

24 plan and goal have been achieved, if the minor remains in

25 substitute care, the case shall be reviewed at least every 6

26 months thereafter, subject to the provisions of this Section,
    SB3196 Enrolled  - 92 - LRB104 20388 KTG 33848 b

1 unless the minor is placed in the guardianship of a suitable

2 relative or other person and the court determines that further

3 monitoring by the court does not further the health, safety,

4 or best interest of the child and that this is a stable

5 permanent placement. The permanency hearings must occur within

6 the time frames set forth in this subsection and may not be

7 delayed in anticipation of a report from any source or due to

8 the agency's failure to timely file its written report (this

9 written report means the one required under the next paragraph

10 and does not mean the service plan also referred to in that

11 paragraph).

12  The public agency that is the custodian or guardian of the

13 minor, or another agency responsible for the minor's care,

14 shall ensure that all parties to the permanency hearings are

15 provided a copy of the most recent service plan prepared

16 within the prior 6 months at least 14 days in advance of the

17 hearing. If not contained in the agency's service plan, the

18 agency shall also include a report setting forth the

19 following:

20  (A) any special physical, psychological, educational,

21  medical, emotional, or other needs of the minor or the

22  minor's family that are relevant to a permanency or

23  placement determination, and for any minor age 16 or over,

24  a written description of the programs and services that

25  will enable the minor to prepare for independent living;

26  (B) beginning July 1, 2025, a written description of
    SB3196 Enrolled  - 93 - LRB104 20388 KTG 33848 b

1   ongoing family finding and relative engagement efforts in

2   accordance with the requirements under Section 2-27.3 the

3   agency has undertaken since the most recent report to the

4   court to plan for the emotional and legal permanency of

5   the minor;

6   (C) whether a minor is placed in a licensed child care

7   facility under a corrective plan by the Department due to

8   concerns impacting the minor's safety and well-being. The

9   report shall explain the steps the Department is taking to

10  ensure the safety and well-being of the minor and that the

11  minor's needs are met in the facility;

12  (D) detail regarding what progress or lack of progress

13  the parent has made in correcting the conditions requiring

14  the child to be in care; whether the child can be returned

15  home without jeopardizing the child's health, safety, and

16  welfare, what permanency goal is recommended to be in the

17  best interests of the child, and the reasons for the

18  recommendation. If a permanency goal under paragraph (A),

19  (B), or (B-1) of subsection (2.3) have been deemed

20  inappropriate and not in the minor's best interest, the

21  report must include the following information:

22  (i) confirmation that the caseworker has discussed

23  the permanency options and subsidies available for

24  guardianship and adoption with the minor's caregivers,

25  the minor's parents, as appropriate, and has discussed

26  the available permanency options with the minor in an
    SB3196 Enrolled  - 94 - LRB104 20388 KTG 33848 b

1   age-appropriate manner;

2   (ii) confirmation that the caseworker has

3   discussed with the minor's caregivers, the minor's

4   parents, as appropriate, and the minor as

5   age-appropriate, the distinctions between guardianship

6   and adoption, including, but not limited to, that

7   guardianship does not require termination of the

8   parent's rights or the consent of the parent;

9   (iii) a description of the stated preferences and

10  concerns, if any, the minor, the parent as

11  appropriate, and the caregiver expressed relating to

12  the options of guardianship and adoption, and the

13  reasons for the preferences;

14  (iv) if the minor is not currently in a placement

15  that will provide permanency, identification of all

16  persons presently willing and able to provide

17  permanency to the minor through either guardianship or

18  adoption, and beginning July 1, 2025, if none are

19  available, a description of the efforts made in

20  accordance with Section 2-27.3; and

21  (v) state the recommended permanency goal, why

22  that goal is recommended, and why the other potential

23  goals were not recommended.

24  The caseworker must appear and testify at the permanency

25 hearing. If a permanency hearing has not previously been

26 scheduled by the court, the moving party shall move for the
    SB3196 Enrolled   - 95 - LRB104 20388 KTG 33848 b

1 setting of a permanency hearing and the entry of an order

2 within the time frames set forth in this subsection.

3   (2.3) At the permanency hearing, the court shall determine

4 the permanency goal of the child. The court shall set one of

5 the following permanency goals:

6   (A) The minor will be returned home by a specific date

7   within 5 months.

8   (B) The minor will be in short-term care with a

9   continued goal to return home within a period not to

10  exceed one year, where the progress of the parent or

11  parents is substantial giving particular consideration to

12  the age and individual needs of the minor.

13  (B-1) The minor will be in short-term care with a

14  continued goal to return home pending a status hearing.

15  When the court finds that a parent has not made reasonable

16  efforts or reasonable progress to date, the court shall

17  identify what actions the parent and the Department must

18  take in order to justify a finding of reasonable efforts

19  or reasonable progress and shall set a status hearing to

20  be held not earlier than 9 months from the date of

21  adjudication nor later than 11 months from the date of

22  adjudication during which the parent's progress will again

23  be reviewed.

24  If the court has determined that goals (A), (B), and

25  (B-1) are not appropriate and not in the minor's best

26  interest, the court may select one of the following goals:
    SB3196 Enrolled          - 96 - LRB104 20388 KTG 33848 b

1   (C), (D), (E), (F), (G), or (H) for the minor as

2   appropriate and based on the best interests of the minor.

3   The court shall determine the appropriate goal for the

4   minor based on best interest factors and any

5   considerations outlined in that goal.

6   (C) The guardianship of the minor shall be transferred

7   to an individual or couple on a permanent basis. Prior to

8   changing the goal to guardianship, the court shall

9   consider the following:

10  (i) whether the agency has discussed adoption and

11  guardianship with the caregiver and what preference,

12  if any, the caregiver has as to the permanency goal;

13  (ii) whether the agency has discussed adoption and

14  guardianship with the minor, as age-appropriate, and

15  what preference, if any, the minor has as to the

16  permanency goal;

17  (iii) whether the minor is of sufficient age to

18  remember the minor's parents and if the child values

19  this familial identity;

20  (iv) whether the minor is placed with a relative,

21  and beginning July 1, 2025, whether the minor is

22  placed in a relative home as defined in Section 4d of

23  the Children and Family Services Act or in a certified

24  relative caregiver home as defined in Section 2.36 of

25  the Child Care Act of 1969; and

26  (v) whether the parent or parents have been
    SB3196 Enrolled   - 97 - LRB104 20388 KTG 33848 b

1   informed about guardianship and adoption, and, if

2   appropriate, what preferences, if any, the parent or

3   parents have as to the permanency goal.

4   (D) The minor will be in substitute care pending court

5   determination on termination of parental rights. Prior to

6   changing the goal to substitute care pending court

7   determination on termination of parental rights, the court

8   shall consider the following:

9   (i) whether the agency has discussed adoption and

10  guardianship with the caregiver and what preference,

11  if any, the caregiver has as to the permanency goal;

12  (ii) whether the agency has discussed adoption and

13  guardianship with the minor, as age-appropriate, and

14  what preference, if any, the minor has as to the

15  permanency goal;

16  (iii) whether the minor is of sufficient age to

17  remember the minor's parents and if the child values

18  this familial identity;

19  (iv) whether the minor is placed with a relative,

20  and beginning July 1, 2025, whether the minor is

21  placed in a relative home as defined in Section 4d of

22  the Children and Family Services Act, in a certified

23  relative caregiver home as defined in Section 2.36 of

24  the Child Care Act of 1969;

25  (v) whether the minor is already placed in a

26  pre-adoptive home, and if not, whether such a home has
    SB3196 Enrolled       - 98 - LRB104 20388 KTG 33848 b

1   been identified; and

2   (vi) whether the parent or parents have been

3   informed about guardianship and adoption, and, if

4   appropriate, what preferences, if any, the parent or

5   parents have as to the permanency goal.

6   (E) Adoption, provided that parental rights have been

7   terminated or relinquished.

8   (F) Provided that permanency goals (A) through (E)

9   have been deemed inappropriate and not in the minor's best

10  interests, the minor over age 15 will be in substitute

11  care pending independence. In selecting this permanency

12  goal, the Department of Children and Family Services may

13  provide services to enable reunification and to strengthen

14  the minor's connections with family, fictive kin, and

15  other responsible adults, provided the services are in the

16  minor's best interest. The services shall be documented in

17  the service plan.

18  (G) The minor will be in substitute care because the

19  minor cannot be provided for in a home environment due to

20  developmental disabilities or mental illness or because

21  the minor is a danger to self or others, provided that

22  goals (A) through (E) have been deemed inappropriate and

23  not in the child's best interests.

24  In selecting any permanency goal, the court shall indicate

25 in writing the reasons the goal was selected and why the

26 preceding goals were deemed inappropriate and not in the
    SB3196 Enrolled        - 99 - LRB104 20388 KTG 33848 b

1 child's best interest. Where the court has selected a

2 permanency goal other than (A), (B), or (B-1), the Department

3 of Children and Family Services shall not provide further

4 reunification services, except as provided in paragraph (F) of

5 this subsection (2.3), but shall provide services consistent

6 with the goal selected.

7   (H) Notwithstanding any other provision in this

8   Section, the court may select the goal of continuing

9   foster care as a permanency goal if:

10  (1) The Department of Children and Family Services

11  has custody and guardianship of the minor;

12  (2) The court has deemed all other permanency

13  goals inappropriate based on the child's best

14  interest;

15  (3) The court has found compelling reasons, based

16  on written documentation reviewed by the court, to

17  place the minor in continuing foster care. Compelling

18  reasons include:

19                   (a) the child does not wish to be adopted or to

20  be placed in the guardianship of the minor's

21  relative, certified relative caregiver, or foster

22  care placement;

23                   (b) the child exhibits an extreme level of

24  need such that the removal of the child from the

25  minor's placement would be detrimental to the

26  child; or
    SB3196 Enrolled      - 100 - LRB104 20388 KTG 33848 b

1                    (c) the child who is the subject of the

2   permanency hearing has existing close and strong

3   bonds with a sibling, and achievement of another

4   permanency goal would substantially interfere with

5   the subject child's sibling relationship, taking

6   into consideration the nature and extent of the

7   relationship, and whether ongoing contact is in

8   the subject child's best interest, including

9   long-term emotional interest, as compared with the

10  legal and emotional benefit of permanence;

11  (4) The child has lived with the relative,

12  certified relative caregiver, or foster parent for at

13  least one year; and

14  (5) The relative, certified relative caregiver, or

15  foster parent currently caring for the child is

16  willing and capable of providing the child with a

17  stable and permanent environment.

18  (2.4) The court shall set a permanency goal that is in the

19 best interest of the child. In determining that goal, the

20 court shall consult with the minor in an age-appropriate

21 manner regarding the proposed permanency or transition plan

22 for the minor. The court's determination shall include the

23 following factors:

24  (A) Age of the child.

25  (B) Options available for permanence, including both

26  out-of-state and in-state placement options.
    SB3196 Enrolled          - 101 - LRB104 20388 KTG 33848 b

1   (C) Current placement of the child and the intent of

2   the family regarding subsidized guardianship and adoption.

3   (D) Emotional, physical, and mental status or

4   condition of the child.

5   (E) Types of services previously offered and whether

6   or not the services were successful and, if not

7   successful, the reasons the services failed.

8   (F) Availability of services currently needed and

9   whether the services exist.

10  (G) Status of siblings of the minor.

11  (H) If the minor is not currently in a placement

12  likely to achieve permanency, whether there is an

13  identified and willing potential permanent caregiver for

14  the minor, and if so, that potential permanent caregiver's

15  intent regarding guardianship and adoption.

16  The court shall consider (i) the permanency goal contained

17 in the service plan, (ii) the appropriateness of the services

18 contained in the plan and whether those services have been

19 provided, (iii) whether reasonable efforts have been made by

20 all the parties to the service plan to achieve the goal, and

21 (iv) whether the plan and goal have been achieved. All

22 evidence relevant to determining these questions, including

23 oral and written reports, may be admitted and may be relied on

24 to the extent of their probative value.

25  The court shall make findings as to whether, in violation

26 of Section 8.2 of the Abused and Neglected Child Reporting
    SB3196 Enrolled         - 102 - LRB104 20388 KTG 33848 b

1 Act, any portion of the service plan compels a child or parent

2 to engage in any activity or refrain from any activity that is

3 not reasonably related to remedying a condition or conditions

4 that gave rise or which could give rise to any finding of child

5 abuse or neglect. The services contained in the service plan

6 shall include services reasonably related to remedy the

7 conditions that gave rise to removal of the child from the home

8 of the child's parents, guardian, or legal custodian or that

9 the court has found must be remedied prior to returning the

10 child home. Any tasks the court requires of the parents,

11 guardian, or legal custodian or child prior to returning the

12 child home must be reasonably related to remedying a condition

13 or conditions that gave rise to or which could give rise to any

14 finding of child abuse or neglect.

15  If the permanency goal is to return home, the court shall

16 make findings that identify any problems that are causing

17 continued placement of the children away from the home and

18 identify what outcomes would be considered a resolution to

19 these problems. The court shall explain to the parents that

20 these findings are based on the information that the court has

21 at that time and may be revised, should additional evidence be

22 presented to the court.

23  The court shall review the Sibling Contact Support Plan

24 developed or modified under subsection (f) of Section 7.4 of

25 the Children and Family Services Act, if applicable. If the

26 Department has not convened a meeting to develop or modify a
    SB3196 Enrolled  - 103 - LRB104 20388 KTG 33848 b

1 Sibling Contact Support Plan, or if the court finds that the

2 existing Plan is not in the child's best interest, the court

3 may enter an order requiring the Department to develop,

4 modify, or implement a Sibling Contact Support Plan, or order

5 mediation.

6   Beginning July 1, 2025, the court shall review the Ongoing

7 Family Finding and Relative Engagement Plan required under

8 Section 2-27.3. If the court finds that the plan is not in the

9 minor's best interest, the court shall enter specific factual

10 findings and order the Department to modify the plan

11 consistent with the court's findings.

12  If the goal has been achieved, the court shall enter

13 orders that are necessary to conform the minor's legal custody

14 and status to those findings.

15  If, after receiving evidence, the court determines that

16 the services contained in the plan are not reasonably

17 calculated to facilitate achievement of the permanency goal,

18 the court shall put in writing the factual basis supporting

19 the determination and enter specific findings based on the

20 evidence. The court also shall enter an order for the

21 Department to develop and implement a new service plan or to

22 implement changes to the current service plan consistent with

23 the court's findings. The new service plan shall be filed with

24 the court and served on all parties within 45 days of the date

25 of the order. The court shall continue the matter until the new

26 service plan is filed. Except as authorized by subsection
    SB3196 Enrolled  - 104 - LRB104 20388 KTG 33848 b

1 (2.5) of this Section and as otherwise specifically authorized

2 by law, the court is not empowered under this Section to order

3 specific placements, specific services, or specific service

4 providers to be included in the service plan.

5   A guardian or custodian appointed by the court pursuant to

6 this Act shall file updated case plans with the court every 6

7 months.

8   Rights of wards of the court under this Act are

9 enforceable against any public agency by complaints for relief

10 by mandamus filed in any proceedings brought under this Act.

11  (2.5) If, after reviewing the evidence, including evidence

12 from the Department, the court determines that the minor's

13 current or planned placement is not necessary or appropriate

14 to facilitate achievement of the permanency goal, the court

15 shall put in writing the factual basis supporting its

16 determination and enter specific findings based on the

17 evidence. If the court finds that the minor's current or

18 planned placement is not necessary or appropriate, the court

19 may enter an order directing the Department to implement a

20 recommendation by the minor's treating clinician or a

21 clinician contracted by the Department to evaluate the minor

22 or a recommendation made by the Department. If the Department

23 places a minor in a placement under an order entered under this

24 subsection (2.5), the Department has the authority to remove

25 the minor from that placement when a change in circumstances

26 necessitates the removal to protect the minor's health,
    SB3196 Enrolled           - 105 - LRB104 20388 KTG 33848 b

1 safety, and best interest. If the Department determines

2 removal is necessary, the Department shall notify the parties

3 of the planned placement change in writing no later than 10

4 days prior to the implementation of its determination unless

5 remaining in the placement poses an imminent risk of harm to

6 the minor, in which case the Department shall notify the

7 parties of the placement change in writing immediately

8 following the implementation of its decision. The Department

9 shall notify others of the decision to change the minor's

10 placement as required by Department rule.

11  (3) Following the permanency hearing, the court shall

12 enter a written order that includes the determinations

13 required under subsections (2) and (2.3) of this Section and

14 sets forth the following:

15  (a) The future status of the minor, including the

16  permanency goal, and any order necessary to conform the

17  minor's legal custody and status to such determination; or

18  (b) If the permanency goal of the minor cannot be

19  achieved immediately, the specific reasons for continuing

20  the minor in the care of the Department of Children and

21  Family Services or other agency for short-term placement,

22  and the following determinations:

23  (i) (Blank).

24  (ii) Whether the services required by the court

25  and by any service plan prepared within the prior 6

26  months have been provided and (A) if so, whether the
    SB3196 Enrolled         - 106 - LRB104 20388 KTG 33848 b

1   services were reasonably calculated to facilitate the

2   achievement of the permanency goal or (B) if not

3   provided, why the services were not provided.

4   (iii) Whether the minor's current or planned

5   placement is necessary, and appropriate to the plan

6   and goal, recognizing the right of minors to the least

7   restrictive (most family-like) setting available and

8   in close proximity to the parents' home consistent

9   with the health, safety, best interest, and special

10  needs of the minor and, if the minor is placed

11  out-of-state, whether the out-of-state placement

12  continues to be appropriate and consistent with the

13  health, safety, and best interest of the minor.

14  (iv) (Blank).

15  (v) (Blank).

16  (4) The minor or any person interested in the minor may

17 apply to the court for a change in custody of the minor and the

18 appointment of a new custodian or guardian of the person or for

19 the restoration of the minor to the custody of the minor's

20 parents or former guardian or custodian.

21  When return home is not selected as the permanency goal:

22  (a) The Department, the minor, or the current foster

23  parent or relative caregiver seeking private guardianship

24  may file a motion for private guardianship of the minor.

25  Appointment of a guardian under this Section requires

26  approval of the court.
    SB3196 Enrolled  - 107 - LRB104 20388 KTG 33848 b

1   (b) The State's Attorney may file a motion to

2   terminate parental rights of any parent who has failed to

3   make reasonable efforts to correct the conditions which

4   led to the removal of the child or reasonable progress

5   toward the return of the child, as defined in subdivision

6   (D)(m) of Section 1 of the Adoption Act or for whom any

7   other unfitness ground for terminating parental rights as

8   defined in subdivision (D) of Section 1 of the Adoption

9   Act exists.

10  When parental rights have been terminated for a

11  minimum of 3 years and the child who is the subject of the

12  permanency hearing is 13 years old or older and is not

13  currently placed in a placement likely to achieve

14  permanency, the Department of Children and Family Services

15  shall make reasonable efforts to locate parents whose

16  rights have been terminated, except when the Court

17  determines that those efforts would be futile or

18  inconsistent with the subject child's best interests. The

19  Department of Children and Family Services shall assess

20  the appropriateness of the parent whose rights have been

21  terminated, and shall, as appropriate, foster and support

22  connections between the parent whose rights have been

23  terminated and the youth. The Department of Children and

24  Family Services shall document its determinations and

25  efforts to foster connections in the child's case plan.

26  Custody of the minor shall not be restored to any parent,
SB3196 Enrolled  - 108 - LRB104 20388 KTG 33848 b

 1 guardian, or legal custodian in any case in which the minor is
 2 found to be neglected or abused under Section 2-3 or dependent
 3 under Section 2-4 of this Act, unless the minor can be cared
 4 for at home without endangering the minor's health or safety
 5 and it is in the best interest of the minor, and if such
 6 neglect, abuse, or dependency is found by the court under
 7 paragraph (1) of Section 2-21 of this Act to have come about
 8 due to the acts or omissions or both of such parent, guardian,
 9 or legal custodian, until such time as an investigation is
10 made as provided in paragraph (5) and a hearing is held on the
11 issue of the health, safety, and best interest of the minor and
12 the fitness of such parent, guardian, or legal custodian to
13 care for the minor and the court enters an order that such
14 parent, guardian, or legal custodian is fit to care for the
15 minor. If a motion is filed to modify or vacate a private
16 guardianship order and return the child to a parent, guardian,
17 or legal custodian, the court may order the Department of
18 Children and Family Services to assess the minor's current and
19 proposed living arrangements and to provide ongoing monitoring
20 of the health, safety, and best interest of the minor during
21 the pendency of the motion to assist the court in making that
22 determination. In the event that the minor has attained 18
23 years of age and the guardian or custodian petitions the court
24 for an order terminating the minor's guardianship or custody,
25 guardianship or custody shall terminate automatically 30 days
26 after the receipt of the petition unless the court orders
    SB3196 Enrolled    - 109 - LRB104 20388 KTG 33848 b

1 otherwise. No legal custodian or guardian of the person may be

2 removed without the legal custodian's or guardian's consent

3 until given notice and an opportunity to be heard by the court.

4   When the court orders a child restored to the custody of

5 the parent or parents, the court shall order the parent or

6 parents to cooperate with the Department of Children and

7 Family Services and comply with the terms of an aftercare

8 after-care plan, or risk the loss of custody of the child and

9 possible termination of their parental rights. The court may

10 also enter an order of protective supervision in accordance

11 with Section 2-24.

12  If the minor is being restored to the custody of a parent,

13 legal custodian, or guardian who lives outside of Illinois,

14 and an Interstate Compact has been requested and refused, the

15 court may order the Department of Children and Family Services

16 to arrange for an assessment of the minor's proposed living

17 arrangement and for ongoing monitoring of the health, safety,

18 and best interest of the minor and compliance with any order of

19 protective supervision entered in accordance with Section

20 2-24.

21  (5) Whenever a parent, guardian, or legal custodian files

22 a motion for restoration of custody of the minor, and the minor

23 was adjudicated neglected, abused, or dependent as a result of

24 physical abuse, the court shall cause to be made an

25 investigation as to whether the movant has ever been charged

26 with or convicted of any criminal offense which would indicate
    SB3196 Enrolled  - 110 - LRB104 20388 KTG 33848 b

1 the likelihood of any further physical abuse to the minor.

2 Evidence of such criminal convictions shall be taken into

3 account in determining whether the minor can be cared for at

4 home without endangering the minor's health or safety and

5 fitness of the parent, guardian, or legal custodian.

6   (a) Any agency of this State or any subdivision

7   thereof shall cooperate with the agent of the court in

8   providing any information sought in the investigation.

9   (b) The information derived from the investigation and

10  any conclusions or recommendations derived from the

11  information shall be provided to the parent, guardian, or

12  legal custodian seeking restoration of custody prior to

13  the hearing on fitness and the movant shall have an

14  opportunity at the hearing to refute the information or

15  contest its significance.

16  (c) All information obtained from any investigation

17  shall be confidential as provided in Section 5-150 of this

18  Act.

19 (Source: P.A. 103-22, eff. 8-8-23; 103-154, eff. 6-30-23;

20 103-171, eff. 1-1-24; 103-605, eff. 7-1-24; 103-1061, eff.

21 2-5-25; 104-2, eff. 6-16-25; revised 8-20-25.)

22  (Text of Section after amendment by P.A. 104-107)

23  Sec. 2-28. Court review.

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

25 of the person appointed under this Act to report periodically
SB3196 Enrolled  - 111 - LRB104 20388 KTG 33848 b

 1 to the court or may cite the legal custodian or guardian into
 2 court and require the legal custodian, guardian, or the legal
 3 custodian's or guardian's agency to make a full and accurate
 4 report of the doings of the legal custodian, guardian, or
 5 agency on behalf of the minor. The custodian or guardian,
 6 within 10 days after such citation, or earlier if the court
 7 determines it to be necessary to protect the health, safety,
 8 or welfare of the minor, shall make the report, either in
 9 writing verified by affidavit or orally under oath in open
10 court, or otherwise as the court directs. Upon the hearing of
11 the report the court may remove the custodian or guardian and
12 appoint another in the custodian's or guardian's stead or
13 restore the minor to the custody of the minor's parents or
14 former guardian or custodian. However, custody of the minor
15 shall not be restored to any parent, guardian, or legal
16 custodian in any case in which the minor is found to be
17 neglected or abused under Section 2-3 or dependent under
18 Section 2-4 of this Act, unless the minor can be cared for at
19 home without endangering the minor's health or safety and it
20 is in the best interests of the minor, and if such neglect,
21 abuse, or dependency is found by the court under paragraph (1)
22 of Section 2-21 of this Act to have come about due to the acts
23 or omissions or both of such parent, guardian, or legal
24 custodian, until such time as an investigation is made as
25 provided in paragraph (5) and a hearing is held on the issue of
26 the fitness of such parent, guardian, or legal custodian to
    SB3196 Enrolled  - 112 - LRB104 20388 KTG 33848 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.

4   (1.5) The public agency that is the custodian or guardian

5 of the minor shall file a written report with the court no

6 later than 15 days after a minor in the agency's care remains:

7         (1) in a shelter placement beyond 30 days;

8         (2) in a psychiatric hospital past the time when the

9   minor is clinically ready for discharge or beyond medical

10  necessity for the minor's health; or

11        (3) in a detention center or Department of Juvenile

12  Justice facility solely because the public agency cannot

13  find an appropriate placement for the minor.

14  The report shall explain the steps the agency is taking to

15 ensure the minor is placed appropriately, how the minor's

16 needs are being met in the minor's shelter placement, and if a

17 future placement has been identified by the Department, why

18 the anticipated placement is appropriate for the needs of the

19 minor and the anticipated placement date.

20  (1.6) Within 30 days after placing a child in its care in a

21 qualified residential treatment program, as defined by the

22 federal Social Security Act, the Department of Children and

23 Family Services shall prepare a written report for filing with

24 the court and send copies of the report to all parties. Within

25 20 days of the filing of the report, or as soon thereafter as

26 the court's schedule allows but not more than 60 days from the
    SB3196 Enrolled  - 113 - LRB104 20388 KTG 33848 b

1 date of placement, the court shall hold a hearing to consider

2 the Department's report and determine whether placement of the

3 child in a qualified residential treatment program provides

4 the most effective and appropriate level of care for the child

5 in the least restrictive environment and if the placement is

6 consistent with the short-term and long-term goals for the

7 child, as specified in the permanency plan for the child. The

8 court shall approve or disapprove the placement. If

9 applicable, the requirements of Sections 2-27.1 and 2-27.2

10 must also be met. The Department's written report and the

11 court's written determination shall be included in and made

12 part of the case plan for the child. If the child remains

13 placed in a qualified residential treatment program, the

14 Department shall submit evidence at each status and permanency

15 hearing:

16  (A) demonstrating that ongoing on-going assessment of

17  the strengths and needs of the child continues to support

18  the determination that the child's needs cannot be met

19  through placement in a foster family home, that the

20  placement provides the most effective and appropriate

21  level of care for the child in the least restrictive,

22  appropriate environment, and that the placement is

23  consistent with the short-term and long-term permanency

24  goal for the child, as specified in the permanency plan

25  for the child;

26  (B) documenting the specific treatment or service
    SB3196 Enrolled         - 114 - LRB104 20388 KTG 33848 b

1   needs that should be met for the child in the placement and

2   the length of time the child is expected to need the

3   treatment or services;

4   (C) detailing the efforts made by the agency to

5   prepare the child to return home or to be placed with a fit

6   and willing relative, a legal guardian, or an adoptive

7   parent, or in a foster family home; and

8   (D) beginning July 1, 2025, documenting the

9   Department's efforts regarding ongoing family finding and

10  relative engagement required under Section 2-27.3. ; and

11  (E) detailing efforts to ensure the minor is engaged

12  in age and developmentally appropriate activities to

13  develop life skills, which may include extracurricular

14  activities, coaching by caregivers, or instruction in

15  individual or group settings. For minors who have

16  participated in life skills assessments, the results of

17  such assessments and how the minor's identified needs are

18  being addressed.

19  (2) The first permanency hearing shall be conducted by the

20 judge. Subsequent permanency hearings may be heard by a judge

21 or by hearing officers appointed or approved by the court in

22 the manner set forth in Section 2-28.1 of this Act. The initial

23 hearing shall be held (a) within 12 months from the date

24 temporary custody was taken, regardless of whether an

25 adjudication or dispositional hearing has been completed

26 within that time frame, (b) if the parental rights of both
    SB3196 Enrolled  - 115 - LRB104 20388 KTG 33848 b

1 parents have been terminated in accordance with the procedure

2 described in subsection (5) of Section 2-21, within 30 days of

3 the order for termination of parental rights and appointment

4 of a guardian with power to consent to adoption, or (c) in

5 accordance with subsection (2) of Section 2-13.1. Subsequent

6 permanency hearings shall be held every 6 months or more

7 frequently if necessary in the court's determination following

8 the initial permanency hearing, in accordance with the

9 standards set forth in this Section, until the court

10 determines that the plan and goal have been achieved. Once the

11 plan and goal have been achieved, if the minor remains in

12 substitute care, the case shall be reviewed at least every 6

13 months thereafter, subject to the provisions of this Section,

14 unless the minor is placed in the guardianship of a suitable

15 relative or other person and the court determines that further

16 monitoring by the court does not further the health, safety,

17 or best interest of the child and that this is a stable

18 permanent placement. The permanency hearings must occur within

19 the time frames set forth in this subsection and may not be

20 delayed in anticipation of a report from any source or due to

21 the agency's failure to timely file its written report (this

22 written report means the one required under the next paragraph

23 and does not mean the service plan also referred to in that

24 paragraph).

25  The public agency that is the custodian or guardian of the

26 minor, or another agency responsible for the minor's care,
    SB3196 Enrolled  - 116 - LRB104 20388 KTG 33848 b

1 shall ensure that all parties to the permanency hearings are

2 provided a copy of the most recent service plan prepared

3 within the prior 6 months at least 14 days in advance of the

4 hearing. If not contained in the agency's service plan, the

5 agency shall also include a report setting forth the

6 following:

7   (A) any special physical, psychological, educational,

8   medical, emotional, or other needs of the minor or the

9   minor's family that are relevant to a permanency or

10  placement determination, and for any minor age 16 or over,

11  a written description of the programs and services that

12  will enable the minor to prepare for independent living;

13  (B) beginning July 1, 2025, a written description of

14  ongoing family finding and relative engagement efforts in

15  accordance with the requirements under Section 2-27.3 the

16  agency has undertaken since the most recent report to the

17  court to plan for the emotional and legal permanency of

18  the minor;

19  (C) whether a minor is placed in a licensed child care

20  facility under a corrective plan by the Department due to

21  concerns impacting the minor's safety and well-being. The

22  report shall explain the steps the Department is taking to

23  ensure the safety and well-being of the minor and that the

24  minor's needs are met in the facility;

25  (D) detail regarding what progress or lack of progress

26  the parent has made in correcting the conditions requiring
    SB3196 Enrolled  - 117 - LRB104 20388 KTG 33848 b

1   the child to be in care; whether the child can be returned

2   home without jeopardizing the child's health, safety, and

3   welfare, what permanency goal is recommended to be in the

4   best interests of the child, and the reasons for the

5   recommendation. If a permanency goal under paragraph (A),

6   (B), or (B-1) of subsection (2.3) have been deemed

7   inappropriate and not in the minor's best interest, the

8   report must include the following information:

9   (i) confirmation that the caseworker has discussed

10  the permanency options and subsidies available for

11  guardianship and adoption with the minor's caregivers,

12  the minor's parents, as appropriate, and has discussed

13  the available permanency options with the minor in an

14  age-appropriate manner;

15  (ii) confirmation that the caseworker has

16  discussed with the minor's caregivers, the minor's

17  parents, as appropriate, and the minor as

18  age-appropriate, the distinctions between guardianship

19  and adoption, including, but not limited to, that

20  guardianship does not require termination of the

21  parent's rights or the consent of the parent;

22  (iii) a description of the stated preferences and

23  concerns, if any, the minor, the parent as

24  appropriate, and the caregiver expressed relating to

25  the options of guardianship and adoption, and the

26  reasons for the preferences;
    SB3196 Enrolled  - 118 - LRB104 20388 KTG 33848 b

1   (iv) if the minor is not currently in a placement

2   that will provide permanency, identification of all

3   persons presently willing and able to provide

4   permanency to the minor through either guardianship or

5   adoption, and beginning July 1, 2025, if none are

6   available, a description of the efforts made in

7   accordance with Section 2-27.3; and

8   (v) state the recommended permanency goal, why

9   that goal is recommended, and why the other potential

10  goals were not recommended; and .

11  (E) detail efforts to ensure the minor is engaged in

12  age and developmentally appropriate activities to develop

13  life skills, which may include extracurricular activities,

14  coaching by caregivers, or instruction in individual or

15  group settings. For minors who have participated in life

16  skills assessments, the results of such assessments and

17  how the minor's identified needs are being addressed.

18  The caseworker must appear and testify at the permanency

19 hearing. If a permanency hearing has not previously been

20 scheduled by the court, the moving party shall move for the

21 setting of a permanency hearing and the entry of an order

22 within the time frames set forth in this subsection.

23  (2.3) At the permanency hearing, the court shall determine

24 the permanency goal of the child. The court shall set one of

25 the following permanency goals:

26  (A) The minor will be returned home by a specific date
    SB3196 Enrolled   - 119 - LRB104 20388 KTG 33848 b

1   within 5 months.

2   (B) The minor will be in short-term care with a

3   continued goal to return home within a period not to

4   exceed one year, where the progress of the parent or

5   parents is substantial giving particular consideration to

6   the age and individual needs of the minor.

7   (B-1) The minor will be in short-term care with a

8   continued goal to return home pending a status hearing.

9   When the court finds that a parent has not made reasonable

10  efforts or reasonable progress to date, the court shall

11  identify what actions the parent and the Department must

12  take in order to justify a finding of reasonable efforts

13  or reasonable progress and shall set a status hearing to

14  be held not earlier than 9 months from the date of

15  adjudication nor later than 11 months from the date of

16  adjudication during which the parent's progress will again

17  be reviewed.

18  If the court has determined that goals (A), (B), and

19  (B-1) are not appropriate and not in the minor's best

20  interest, the court may select one of the following goals:

21  (C), (D), (E), (F), (G), or (H) for the minor as

22  appropriate and based on the best interests of the minor.

23  The court shall determine the appropriate goal for the

24  minor based on best interest factors and any

25  considerations outlined in that goal.

26  (C) The guardianship of the minor shall be transferred
    SB3196 Enrolled          - 120 - LRB104 20388 KTG 33848 b

1   to an individual or couple on a permanent basis. Prior to

2   changing the goal to guardianship, the court shall

3   consider the following:

4   (i) whether the agency has discussed adoption and

5   guardianship with the caregiver and what preference,

6   if any, the caregiver has as to the permanency goal;

7   (ii) whether the agency has discussed adoption and

8   guardianship with the minor, as age-appropriate, and

9   what preference, if any, the minor has as to the

10  permanency goal;

11  (iii) whether the minor is of sufficient age to

12  remember the minor's parents and if the child values

13  this familial identity;

14  (iv) whether the minor is placed with a relative,

15  and beginning July 1, 2025, whether the minor is

16  placed in a relative home as defined in Section 4d of

17  the Children and Family Services Act or in a certified

18  relative caregiver home as defined in Section 2.36 of

19  the Child Care Act of 1969; and

20  (v) whether the parent or parents have been

21  informed about guardianship and adoption, and, if

22  appropriate, what preferences, if any, the parent or

23  parents have as to the permanency goal.

24  (D) The minor will be in substitute care pending court

25  determination on termination of parental rights. Prior to

26  changing the goal to substitute care pending court
    SB3196 Enrolled   - 121 - LRB104 20388 KTG 33848 b

1   determination on termination of parental rights, the court

2   shall consider the following:

3   (i) whether the agency has discussed adoption and

4   guardianship with the caregiver and what preference,

5   if any, the caregiver has as to the permanency goal;

6   (ii) whether the agency has discussed adoption and

7   guardianship with the minor, as age-appropriate, and

8   what preference, if any, the minor has as to the

9   permanency goal;

10  (iii) whether the minor is of sufficient age to

11  remember the minor's parents and if the child values

12  this familial identity;

13  (iv) whether the minor is placed with a relative,

14  and beginning July 1, 2025, whether the minor is

15  placed in a relative home as defined in Section 4d of

16  the Children and Family Services Act, in a certified

17  relative caregiver home as defined in Section 2.36 of

18  the Child Care Act of 1969;

19  (v) whether the minor is already placed in a

20  pre-adoptive home, and if not, whether such a home has

21  been identified; and

22  (vi) whether the parent or parents have been

23  informed about guardianship and adoption, and, if

24  appropriate, what preferences, if any, the parent or

25  parents have as to the permanency goal.

26  (E) Adoption, provided that parental rights have been
    SB3196 Enrolled         - 122 - LRB104 20388 KTG 33848 b

1   terminated or relinquished.

2   (F) Provided that permanency goals (A) through (E)

3   have been deemed inappropriate and not in the minor's best

4   interests, the minor over age 15 will be in substitute

5   care pending independence. In selecting this permanency

6   goal, the Department of Children and Family Services may

7   provide services to enable reunification and to strengthen

8   the minor's connections with family, fictive kin, and

9   other responsible adults, provided the services are in the

10  minor's best interest. The services shall be documented in

11  the service plan.

12  (G) The minor will be in substitute care because the

13  minor cannot be provided for in a home environment due to

14  developmental disabilities or mental illness or because

15  the minor is a danger to self or others, provided that

16  goals (A) through (E) have been deemed inappropriate and

17  not in the child's best interests.

18  In selecting any permanency goal, the court shall indicate

19 in writing the reasons the goal was selected and why the

20 preceding goals were deemed inappropriate and not in the

21 child's best interest. Where the court has selected a

22 permanency goal other than (A), (B), or (B-1), the Department

23 of Children and Family Services shall not provide further

24 reunification services, except as provided in paragraph (F) of

25 this subsection (2.3), but shall provide services consistent

26 with the goal selected.
    SB3196 Enrolled   - 123 - LRB104 20388 KTG 33848 b

1   (H) Notwithstanding any other provision in this

2   Section, the court may select the goal of continuing

3   foster care as a permanency goal if:

4   (1) The Department of Children and Family Services

5   has custody and guardianship of the minor;

6   (2) The court has deemed all other permanency

7   goals inappropriate based on the child's best

8   interest;

9   (3) The court has found compelling reasons, based

10  on written documentation reviewed by the court, to

11  place the minor in continuing foster care. Compelling

12  reasons include:

13                   (a) the child does not wish to be adopted or to

14  be placed in the guardianship of the minor's

15  relative, certified relative caregiver, or foster

16  care placement;

17                   (b) the child exhibits an extreme level of

18  need such that the removal of the child from the

19  minor's placement would be detrimental to the

20  child; or

21                   (c) the child who is the subject of the

22  permanency hearing has existing close and strong

23  bonds with a sibling, and achievement of another

24  permanency goal would substantially interfere with

25  the subject child's sibling relationship, taking

26  into consideration the nature and extent of the
    SB3196 Enrolled          - 124 - LRB104 20388 KTG 33848 b

1   relationship, and whether ongoing contact is in

2   the subject child's best interest, including

3   long-term emotional interest, as compared with the

4   legal and emotional benefit of permanence;

5   (4) The child has lived with the relative,

6   certified relative caregiver, or foster parent for at

7   least one year; and

8   (5) The relative, certified relative caregiver, or

9   foster parent currently caring for the child is

10  willing and capable of providing the child with a

11  stable and permanent environment.

12  (2.4) The court shall set a permanency goal that is in the

13 best interest of the child. In determining that goal, the

14 court shall consult with the minor in an age-appropriate

15 manner regarding the proposed permanency or transition plan

16 for the minor. The court's determination shall include the

17 following factors:

18  (A) Age of the child.

19  (B) Options available for permanence, including both

20  out-of-state and in-state placement options.

21  (C) Current placement of the child and the intent of

22  the family regarding subsidized guardianship and adoption.

23  (D) Emotional, physical, and mental status or

24  condition of the child.

25  (E) Types of services previously offered and whether

26  or not the services were successful and, if not
    SB3196 Enrolled  - 125 - LRB104 20388 KTG 33848 b

1   successful, the reasons the services failed.

2   (F) Availability of services currently needed and

3   whether the services exist.

4   (G) Status of siblings of the minor.

5   (H) If the minor is not currently in a placement

6   likely to achieve permanency, whether there is an

7   identified and willing potential permanent caregiver for

8   the minor, and if so, that potential permanent caregiver's

9   intent regarding guardianship and adoption.

10  The court shall consider (i) the permanency goal contained

11 in the service plan, (ii) the appropriateness of the services

12 contained in the plan and whether those services have been

13 provided, (iii) whether reasonable efforts have been made by

14 all the parties to the service plan to achieve the goal, and

15 (iv) whether the plan and goal have been achieved. All

16 evidence relevant to determining these questions, including

17 oral and written reports, may be admitted and may be relied on

18 to the extent of their probative value.

19  The court shall make findings as to whether, in violation

20 of Section 8.2 of the Abused and Neglected Child Reporting

21 Act, any portion of the service plan compels a child or parent

22 to engage in any activity or refrain from any activity that is

23 not reasonably related to remedying a condition or conditions

24 that gave rise or which could give rise to any finding of child

25 abuse or neglect. The services contained in the service plan

26 shall include services reasonably related to remedy the
    SB3196 Enrolled         - 126 - LRB104 20388 KTG 33848 b

1 conditions that gave rise to removal of the child from the home

2 of the child's parents, guardian, or legal custodian or that

3 the court has found must be remedied prior to returning the

4 child home. Any tasks the court requires of the parents,

5 guardian, or legal custodian or child prior to returning the

6 child home must be reasonably related to remedying a condition

7 or conditions that gave rise to or which could give rise to any

8 finding of child abuse or neglect.

9   If the permanency goal is to return home, the court shall

10 make findings that identify any problems that are causing

11 continued placement of the children away from the home and

12 identify what outcomes would be considered a resolution to

13 these problems. The court shall explain to the parents that

14 these findings are based on the information that the court has

15 at that time and may be revised, should additional evidence be

16 presented to the court.

17  The court shall review the Sibling Contact Support Plan

18 developed or modified under subsection (f) of Section 7.4 of

19 the Children and Family Services Act, if applicable. If the

20 Department has not convened a meeting to develop or modify a

21 Sibling Contact Support Plan, or if the court finds that the

22 existing Plan is not in the child's best interest, the court

23 may enter an order requiring the Department to develop,

24 modify, or implement a Sibling Contact Support Plan, or order

25 mediation.

26  The court shall review the Department's efforts to provide
    SB3196 Enrolled  - 127 - LRB104 20388 KTG 33848 b

1 the minor with age and developmentally appropriate life

2 skills. If the court finds the Department's efforts are not in

3 the minor's best interest, the court may enter an order

4 requiring the Department to develop, modify, or implement the

5 service plan to develop the minor's life skills in an age and

6 developmentally appropriate manner.

7   Beginning July 1, 2025, the court shall review the Ongoing

8 Family Finding and Relative Engagement Plan required under

9 Section 2-27.3. If the court finds that the plan is not in the

10 minor's best interest, the court shall enter specific factual

11 findings and order the Department to modify the plan

12 consistent with the court's findings.

13  If the goal has been achieved, the court shall enter

14 orders that are necessary to conform the minor's legal custody

15 and status to those findings.

16  If, after receiving evidence, the court determines that

17 the services contained in the plan are not reasonably

18 calculated to facilitate achievement of the permanency goal,

19 the court shall put in writing the factual basis supporting

20 the determination and enter specific findings based on the

21 evidence. The court also shall enter an order for the

22 Department to develop and implement a new service plan or to

23 implement changes to the current service plan consistent with

24 the court's findings. The new service plan shall be filed with

25 the court and served on all parties within 45 days of the date

26 of the order. The court shall continue the matter until the new
    SB3196 Enrolled  - 128 - LRB104 20388 KTG 33848 b

1 service plan is filed. Except as authorized by subsection

2 (2.5) of this Section and as otherwise specifically authorized

3 by law, the court is not empowered under this Section to order

4 specific placements, specific services, or specific service

5 providers to be included in the service plan.

6   A guardian or custodian appointed by the court pursuant to

7 this Act shall file updated case plans with the court every 6

8 months.

9   Rights of wards of the court under this Act are

10 enforceable against any public agency by complaints for relief

11 by mandamus filed in any proceedings brought under this Act.

12  (2.5) If, after reviewing the evidence, including evidence

13 from the Department, the court determines that the minor's

14 current or planned placement is not necessary or appropriate

15 to facilitate achievement of the permanency goal, the court

16 shall put in writing the factual basis supporting its

17 determination and enter specific findings based on the

18 evidence. If the court finds that the minor's current or

19 planned placement is not necessary or appropriate, the court

20 may enter an order directing the Department to implement a

21 recommendation by the minor's treating clinician or a

22 clinician contracted by the Department to evaluate the minor

23 or a recommendation made by the Department. If the Department

24 places a minor in a placement under an order entered under this

25 subsection (2.5), the Department has the authority to remove

26 the minor from that placement when a change in circumstances
    SB3196 Enrolled           - 129 - LRB104 20388 KTG 33848 b

1 necessitates the removal to protect the minor's health,

2 safety, and best interest. If the Department determines

3 removal is necessary, the Department shall notify the parties

4 of the planned placement change in writing no later than 10

5 days prior to the implementation of its determination unless

6 remaining in the placement poses an imminent risk of harm to

7 the minor, in which case the Department shall notify the

8 parties of the placement change in writing immediately

9 following the implementation of its decision. The Department

10 shall notify others of the decision to change the minor's

11 placement as required by Department rule.

12  (3) Following the permanency hearing, the court shall

13 enter a written order that includes the determinations

14 required under subsections (2) and (2.3) of this Section and

15 sets forth the following:

16  (a) The future status of the minor, including the

17  permanency goal, and any order necessary to conform the

18  minor's legal custody and status to such determination; or

19  (b) If the permanency goal of the minor cannot be

20  achieved immediately, the specific reasons for continuing

21  the minor in the care of the Department of Children and

22  Family Services or other agency for short-term placement,

23  and the following determinations:

24  (i) (Blank).

25  (ii) Whether the services required by the court

26  and by any service plan prepared within the prior 6
    SB3196 Enrolled  - 130 - LRB104 20388 KTG 33848 b

1   months have been provided and (A) if so, whether the

2   services were reasonably calculated to facilitate the

3   achievement of the permanency goal or (B) if not

4   provided, why the services were not provided.

5   (iii) Whether the minor's current or planned

6   placement is necessary, and appropriate to the plan

7   and goal, recognizing the right of minors to the least

8   restrictive (most family-like) setting available and

9   in close proximity to the parents' home consistent

10  with the health, safety, best interest, and special

11  needs of the minor and, if the minor is placed

12  out-of-state, whether the out-of-state placement

13  continues to be appropriate and consistent with the

14  health, safety, and best interest of the minor.

15  (iv) (Blank).

16  (v) (Blank).

17  If the court sets a permanency goal of independence or if

18 the minor is 17 years of age or older, the court shall schedule

19 a Successful Transition to Adulthood Review hearing in

20 accordance with Section 2-28.2.

21  (4) The minor or any person interested in the minor may

22 apply to the court for a change in custody of the minor and the

23 appointment of a new custodian or guardian of the person or for

24 the restoration of the minor to the custody of the minor's

25 parents or former guardian or custodian.

26  When return home is not selected as the permanency goal:
    SB3196 Enrolled         - 131 - LRB104 20388 KTG 33848 b

1   (a) The Department, the minor, or the current foster

2   parent or relative caregiver seeking private guardianship

3   may file a motion for private guardianship of the minor.

4   Appointment of a guardian under this Section requires

5   approval of the court.

6   (b) The State's Attorney may file a motion to

7   terminate parental rights of any parent who has failed to

8   make reasonable efforts to correct the conditions which

9   led to the removal of the child or reasonable progress

10  toward the return of the child, as defined in subdivision

11  (D)(m) of Section 1 of the Adoption Act or for whom any

12  other unfitness ground for terminating parental rights as

13  defined in subdivision (D) of Section 1 of the Adoption

14  Act exists.

15  When parental rights have been terminated for a

16  minimum of 3 years and the child who is the subject of the

17  permanency hearing is 13 years old or older and is not

18  currently placed in a placement likely to achieve

19  permanency, the Department of Children and Family Services

20  shall make reasonable efforts to locate parents whose

21  rights have been terminated, except when the Court

22  determines that those efforts would be futile or

23  inconsistent with the subject child's best interests. The

24  Department of Children and Family Services shall assess

25  the appropriateness of the parent whose rights have been

26  terminated, and shall, as appropriate, foster and support
   SB3196 Enrolled  - 132 - LRB104 20388 KTG 33848 b

1  connections between the parent whose rights have been

2  terminated and the minor youth. The Department of Children

3  and Family Services shall document its determinations and

4  efforts to foster connections in the child's case plan.

5  Custody of the minor shall not be restored to any parent,

6 guardian, or legal custodian in any case in which the minor is

7 found to be neglected or abused under Section 2-3 or dependent

8 under Section 2-4 of this Act, unless the minor can be cared

9 for at home without endangering the minor's health or safety

10 and it is in the best interest of the minor, and if such

11 neglect, abuse, or dependency is found by the court under

12 paragraph (1) of Section 2-21 of this Act to have come about

13 due to the acts or omissions or both of such parent, guardian,

14 or legal custodian, until such time as an investigation is

15 made as provided in paragraph (5) and a hearing is held on the

16 issue of the health, safety, and best interest of the minor and

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. If a motion is filed to modify or vacate a private

21 guardianship order and return the child to a parent, guardian,

22 or legal custodian, the court may order the Department of

23 Children and Family Services to assess the minor's current and

24 proposed living arrangements and to provide ongoing monitoring

25 of the health, safety, and best interest of the minor during

26 the pendency of the motion to assist the court in making that
    SB3196 Enrolled    - 133 - LRB104 20388 KTG 33848 b

1 determination. In the event that the minor has attained 18

2 years of age and the guardian or custodian petitions the court

3 for an order terminating the minor's guardianship or custody,

4 guardianship or custody shall terminate automatically 30 days

5 after the receipt of the petition unless the court orders

6 otherwise. No legal custodian or guardian of the person may be

7 removed without the legal custodian's or guardian's consent

8 until given notice and an opportunity to be heard by the court.

9   When the court orders a child restored to the custody of

10 the parent or parents, the court shall order the parent or

11 parents to cooperate with the Department of Children and

12 Family Services and comply with the terms of an aftercare

13 after-care plan, or risk the loss of custody of the child and

14 possible termination of their parental rights. The court may

15 also enter an order of protective supervision in accordance

16 with Section 2-24.

17  If the minor is being restored to the custody of a parent,

18 legal custodian, or guardian who lives outside of Illinois,

19 and an Interstate Compact has been requested and refused, the

20 court may order the Department of Children and Family Services

21 to arrange for an assessment of the minor's proposed living

22 arrangement and for ongoing monitoring of the health, safety,

23 and best interest of the minor and compliance with any order of

24 protective supervision entered in accordance with Section

25 2-24.

26  (5) Whenever a parent, guardian, or legal custodian files
    SB3196 Enrolled  - 134 - LRB104 20388 KTG 33848 b

1 a motion for restoration of custody of the minor, and the minor

2 was adjudicated neglected, abused, or dependent as a result of

3 physical abuse, the court shall cause to be made an

4 investigation as to whether the movant has ever been charged

5 with or convicted of any criminal offense which would indicate

6 the likelihood of any further physical abuse to the minor.

7 Evidence of such criminal convictions shall be taken into

8 account in determining whether the minor can be cared for at

9 home without endangering the minor's health or safety and

10 fitness of the parent, guardian, or legal custodian.

11  (a) Any agency of this State or any subdivision

12  thereof shall cooperate with the agent of the court in

13  providing any information sought in the investigation.

14  (b) The information derived from the investigation and

15  any conclusions or recommendations derived from the

16  information shall be provided to the parent, guardian, or

17  legal custodian seeking restoration of custody prior to

18  the hearing on fitness and the movant shall have an

19  opportunity at the hearing to refute the information or

20  contest its significance.

21  (c) All information obtained from any investigation

22  shall be confidential as provided in Section 5-150 of this

23  Act.

24 (Source: P.A. 103-22, eff. 8-8-23; 103-154, eff. 6-30-23;

25 103-171, eff. 1-1-24; 103-605, eff. 7-1-24; 103-1061, eff.

26 2-5-25; 104-2, eff. 6-16-25; 104-107, eff. 7-1-26; revised
         SB3196 Enrolled       - 135 - LRB104 20388 KTG 33848 b
1 8-20-25.)

2       (705 ILCS 405/2-28.2)

3       (This Section may contain text from a Public Act with a

4 delayed effective date)

5       Sec. 2-28.2. Successful Transition to Adulthood Review

6 hearings.

7       (a) The court shall conduct Successful Transition to

8 Adulthood Review (STAR) hearings to review the Department's

9 efforts to ensure the minor is provided with opportunities to

10 engage in individualized future-focused planning towards

11 adulthood, to develop age-appropriate daily living skills to

12 live successfully as an adult, and if applicable, to be

13 prepared to transition out of the care of the Department at age

14 21.

15      (b) The court shall conduct a STAR hearing for all minors

16 for whom the court has entered a permanency goal of

17 independence and for all minors who are 17 years of age or

18 older. The minor's first STAR hearing shall be conducted

19 within 6 months of the minor qualifying for a STAR hearing.

20 Subsequent STAR hearings may be conducted contemporaneously

21 with the minor's permanency hearing. At a minimum, the court

22 shall conduct STAR hearings for eligible minors within 6

23 months of the minor becoming eligible for a STAR hearing and

24 annually thereafter. The court may schedule additional STAR

25 hearings as necessary and in the minor's best interest, or
    SB3196 Enrolled  - 136 - LRB104 20388 KTG 33848 b

1 upon the request of the minor.

2   (c) Fourteen days in advance of the STAR hearing the

3 Department shall provide the court with the minor's youth's

4 service plan that includes the following information:

5   (1) a copy of the youth-driven transition plan

6   developed in accordance with Section 35.10 of the Children

7   and Family Services Act;

8   (2) for minors youth 17 years of age and older, the ILO

9   TLP Quarterly Discharge Launch Plan, if applicable;

10  (3) a description of the documents necessary for adult

11  living as provided in Section 35.10 of the Children and

12  Family Services Act that the minor has, the documents the

13  minor continues to need, and the Department's plan to

14  ensure the minor has such documents prior to case closure;

15  (4) a description of the Department's efforts to

16  assist the minor youth in developing and maintaining

17  connections with supportive adults and a copy of the

18  minor's Ongoing Family Finding and Relative Engagement

19  Plan developed in accordance with Section 2-27.3; and

20  (5) for minors youth who are likely to need a guardian

21  as a person with a disability, in accordance with Article

22  XIa of the Probate Act of 1975, a description of the

23  Department's efforts to obtain any necessary assessments.

24  (d) At the STAR hearing the court shall:

25  (1) review the Department's efforts to assist the

26  minor in developing and implementing an individualized
    SB3196 Enrolled         - 137 - LRB104 20388 KTG 33848 b

1   youth-driven transition plan to develop life skills that

2   will lead to successful adult living;

3   (2) review the plan developed by the Department and

4   the minor to ensure that it is reasonably likely to ensure

5   the minor can live independent of supports from the

6   Department;

7   (3) review the Department's efforts to assist the

8   minor in accomplishing the plan;

9   (4) review the Department's efforts to ensure the

10  minor has documents necessary for adult living, as defined

11  in Section 35.10 of the Children and Family Services Act

12  prior to case closure;

13  (5) review the Department's efforts to ensure that the

14  minor is aware of available supports and services

15  post-case closure and how to access such supports and

16  services; and

17  (6) if applicable, review the Department's efforts to

18  obtain any needed assessments to determine whether the

19  youth may qualify for a guardian as a person with a

20  disability under Article XIa of the Probate Act of 1975;

21  and .

22  (7) allow the minor the opportunity to express to the

23  court the minor's goals, preferences, and concerns

24  regarding the minor's transition to independence. The

25  court shall give considerable weight to the minor's

26  preferences in determining the minor's best interests.
    SB3196 Enrolled        - 138 - LRB104 20388 KTG 33848 b

1   (e) When scheduling STAR hearings, to the extent

2 reasonable, the court must consider the minor's availability

3 and preferred method of court participation, whether in person

4 or via secure videoconferencing technology, if available and

5 permitted by the court.

6   (f) If the court finds that the youth-driven transition

7 plan for the minor is not in the minor's best interest or will

8 not be reasonably likely to result in the development of life

9 skills necessary for adult living, the court shall make

10 specific factual findings supporting its findings and order

11 the Department to develop a new plan with the minor consistent

12 with the court's findings. If the court finds that the

13 Department has failed to make reasonable efforts to (i) assist

14 the minor in developing and accomplishing a youth-driven

15 transition plan or (ii) obtain any necessary assessments for

16 minors to determine whether the youth may qualify for a

17 guardian as a person with a disability under Article XIa of the

18 Probate Act of 1975, then the court shall make specific

19 factual findings and may enter such orders it deems necessary

20 to ensure that the minor is developing necessary life skills

21 and, when appropriate, is prepared to successfully transition

22 to adulthood.

23 (Source: P.A. 104-107, eff. 7-1-26.)

24  Section 95. No acceleration or delay. Where this Act makes

25 changes in a statute that is represented in this Act by text
SB3196 Enrolled  - 139 - LRB104 20388 KTG 33848 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.
   SB3196 Enrolled     - 140 - LRB104 20388 KTG 33848 b

1                      INDEX

2  Statutes amended in order of appearance

3 20 ILCS 505/5
4 20 ILCS 505/5.46
5 20 ILCS 505/35.10
6 705 ILCS 405/2-28
7 705 ILCS 405/2-28.2
Every fact on this page links to its source, starting with the official bill record.