SB 1599 — DCFS-EMPLOYEE BACKGROUND CHECK

SB1599 EngrossedEnrolled LRB098 05131 KTG 35162 b AN ACT concerning State government.

or (B) were accepted for care, service and training by the Department prior to the age of 18 and whose best interest in the discretion of the Department would be served by continuing that care, service and training because of severe emotional disturbances, physical SB1599 EngrossedEnrolled - 2 - LRB098 05131 KTG 35162 b disability, social adjustment or any combination thereof, or because of the need to complete an educational or vocational training program.

(D) restoring to their families children who have been removed, by the provision of services to the child and the families when the child can be cared for at SB1599 EngrossedEnrolled - 3 - LRB098 05131 KTG 35162 b home without endangering the child's health and safety;

SB1599 EngrossedEnrolled - 4 - LRB098 05131 KTG 35162 b (i) who are in a foster home, or (ii) who are persons with a developmental disability, as defined in the Mental Health and Developmental Disabilities Code, or (iii) who are female children who are pregnant, pregnant and parenting or parenting, or (iv) who are siblings, in facilities that provide separate living quarters for children 18 years of age and older and for children under 18 years of age.

The amount of the advance disbursement shall be prorated over the life of the contract or SB1599 EngrossedEnrolled - 5 - LRB098 05131 KTG 35162 b the remaining months of the fiscal year, whichever is less, and the installment amount shall then be deducted from future bills.

(9) placement under Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile SB1599 EngrossedEnrolled - 6 - LRB098 05131 KTG 35162 b Court Act of 1987 in accordance with the federal Adoption Assistance and Child Welfare Act of 1980;

SB1599 EngrossedEnrolled - 7 - LRB098 05131 KTG 35162 b (3) counseling;

The Department may continue to provide financial assistance and education assistance grants for a child who was SB1599 EngrossedEnrolled - 8 - LRB098 05131 KTG 35162 b determined eligible for financial assistance under this subsection (j) in the interim period beginning when the child's adoptive parents died and ending with the finalization of the new adoption of the child by another adoptive parent or parents.

(j-5) The Department shall not deny or delay the placement of a child for adoption if an approved family is available either outside of the Department region handling the case, or SB1599 EngrossedEnrolled - 9 - LRB098 05131 KTG 35162 b outside of the State of Illinois.

Nothing in this paragraph shall be construed to create a private right of action or claim on the part of any individual or child welfare agency, except that when a child is the subject of an action under Article II of the Juvenile Court Act of 1987 and the child's service plan calls for services to facilitate achievement of the permanency goal, the court SB1599 EngrossedEnrolled - 10 - LRB098 05131 KTG 35162 b hearing the action under Article II of the Juvenile Court Act of 1987 may order the Department to provide the services set out in the plan, if those services are not provided with reasonable promptness and if those services are available.

The Department may also provide services to any child or family after completion of a family assessment, as an alternative to an investigation, as provided under the "differential response program" provided for in SB1599 EngrossedEnrolled - 11 - LRB098 05131 KTG 35162 b subsection (a-5) of Section 7.4 of the Abused and Neglected Child Reporting Act.

A minor charged with a criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 or adjudicated delinquent shall not be placed in the custody of or committed to the Department by any court, except (i) a minor less than 15 years of age committed to the Department under Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor for whom an independent basis of abuse, neglect, or dependency exists, which must be defined by departmental rule, or (iii) a minor for whom the court has granted a supplemental petition to reinstate wardship pursuant to subsection (2) of Section 2-33 of the Juvenile Court Act of 1987.

As soon as is possible after August 7, 2009 (the effective date of Public Act 96-134), the Department shall develop and SB1599 EngrossedEnrolled - 12 - LRB098 05131 KTG 35162 b implement a special program of family preservation services to support intact, foster, and adoptive families who are experiencing extreme hardships due to the difficulty and stress of caring for a child who has been diagnosed with a pervasive developmental disorder if the Department determines that those services are necessary to ensure the health and safety of the child.

SB1599 EngrossedEnrolled - 13 - LRB098 05131 KTG 35162 b (l-1) The legislature recognizes that the best interests of the child require that the child be placed in the most permanent living arrangement as soon as is practically possible.

At any time after the dispositional hearing where the Department believes that further reunification services would be ineffective, it may request a finding from the court that SB1599 EngrossedEnrolled - 14 - LRB098 05131 KTG 35162 b reasonable efforts are no longer appropriate.

SB1599 EngrossedEnrolled - 15 - LRB098 05131 KTG 35162 b (1) it has received a written consent to such temporary custody signed by the parents of the child or by the parent having custody of the child if the parents are not living together or by the guardian or custodian of the child if the child is not in the custody of either parent, or (2) the child is found in the State and neither a parent, guardian nor custodian of the child can be located.

The Department shall have the authority, responsibilities and duties that a legal custodian of the child would have pursuant to subsection (9) of Section 1-3 of the Juvenile Court SB1599 EngrossedEnrolled - 16 - LRB098 05131 KTG 35162 b Act of 1987.

If a petition is not filed within the 10 day period, the child shall be surrendered to the custody of the requesting SB1599 EngrossedEnrolled - 17 - LRB098 05131 KTG 35162 b parent, guardian or custodian not later than the expiration of the 10 day period, at which time the authority and duties of the Department with respect to the temporary custody of the child shall terminate.

Payment for board, clothing, care, training and supervision of any child placed in a licensed child care facility may be made by the Department, by the parents or SB1599 EngrossedEnrolled - 18 - LRB098 05131 KTG 35162 b guardians of the estates of those children, or by both the Department and the parents or guardians, except that no payments shall be made by the Department for any child placed in a licensed child care facility for board, clothing, care, training and supervision of such a child that exceed the average per capita cost of maintaining and of caring for a child in institutions for dependent or neglected children operated by the Department.

An eligible youth may access services under SB1599 EngrossedEnrolled - 19 - LRB098 05131 KTG 35162 b this Section through the Department of Children and Family Services or by referral from the Department of Human Services.

Children who are wards of the Department and are placed by private child welfare agencies, and foster families with whom those children are placed, shall be afforded the same procedural and appeal SB1599 EngrossedEnrolled - 20 - LRB098 05131 KTG 35162 b rights as children and families in the case of placement by the Department, including the right to an initial review of a private agency decision by that agency.

The Department may also enter into written agreements with private and public social service agencies to provide emergency financial services to families referred by the SB1599 EngrossedEnrolled - 21 - LRB098 05131 KTG 35162 b Department.

In all circumstances, the Department's SB1599 EngrossedEnrolled - 22 - LRB098 05131 KTG 35162 b "Guardianship Administrator" or his or her designee must approve disbursements from children's accounts.

A list of such names and addresses shall be maintained by the Department or SB1599 EngrossedEnrolled - 23 - LRB098 05131 KTG 35162 b its agent, and coded lists which maintain the confidentiality of the person seeking to adopt the child and of the child shall be made available, without charge, to every adoption agency in the State to assist the agencies in placing such children for adoption.

and SB1599 EngrossedEnrolled - 24 - LRB098 05131 KTG 35162 b (2) the court has ordered one or both of the parties to the proceeding to reimburse the Department for its reasonable costs for providing such services in accordance with Department rules, or has determined that neither party is financially able to pay.

(2) a copy of the child's portion of the client service SB1599 EngrossedEnrolled - 25 - LRB098 05131 KTG 35162 b plan, including any visitation arrangement, and all amendments or revisions to it as related to the child;

Within 10 business days after placement, the Department shall obtain from the SB1599 EngrossedEnrolled - 26 - LRB098 05131 KTG 35162 b prospective adoptive parent or parents or other caretaker a signed verification of receipt of the information provided.

(v) The Department shall access background information as defined in this subsection and criminal history record information as defined in the Illinois Uniform Conviction Information Act and information maintained in the adjudicatory and dispositional record system as defined in Section 2605-355 of the Department of State Police Law (20 ILCS 2605/2605-355) SB1599if Engrossedthe -Department 27determines -the LRB098information 05131is KTGnecessary 35162to bSB1599 forEnrolled all- Department27 employees- orLRB098 Department05131 applicantsKTG if35162 theb Department determines the information is necessary to perform its duties under the Abused and Neglected Child Reporting Act, the Child Care Act of 1969, and the Children and Family Services Act.

For(v-1) purposesPrior to final approval for placement of thisa subsection:child, the Department shall conduct a criminal records background check of the prospective foster or adoptive parent, including fingerprint-based checks of national crime information databases.

"BackgroundFinal information"approval meansfor allplacement ofshall not be granted if the following:record check reveals a felony conviction for child abuse or neglect, for spousal abuse, for a crime against children, or for a crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery, or if there is a felony conviction for physical SB1599 Enrolled - 28 - LRB098 05131 KTG 35162 b assault, battery, or a drug-related offense committed within the past 5 years.

(i) Upon the request of the Department of Children and Family Services, information obtained from the Department of State Police as a result of a fingerprint-based criminal history records check of the Illinois criminal history records database and the Federal Bureau of Investigation criminal history records database concerning a Department SB1599 Engrossed - 28 - LRB098 05131 KTG 35162 b employee or Department applicant.

(ii) Information obtained by the Department of Children and Family Services after performing a check of the Department of State Police's Sex Offender Database, as authorized by Section 120 of the Sex Offender Community Notification Law, concerning a Department employee or Department applicant.

(iii) Information obtained by the Department of Children and Family Services after performing a check of the Child Abuse and Neglect Tracking System (CANTS) operated and maintained by the Department.

"Department employee" means a full-time or temporary employee coded or certified within the State of Illinois Personnel System.

"Department applicant" means an individual who has conditional Department full-time or part-time work, a contractor, an individual used to replace or supplement staff, an academic intern, a volunteer in Department offices or on Department contracts, a work-study student, an individual or entity licensed by the Department, or an unlicensed service provider who works as a condition of a contract or an agreement and whose work may bring the unlicensed service provider into contact with Department clients or client records.

(v-1) Prior to final approval for placement of a child, the Department shall conduct a criminal records background check of the prospective foster or adoptive parent, including SB1599 Engrossed - 29 - LRB098 05131 KTG 35162 b fingerprint-based checks of national crime information databases.

Final approval for placement shall not be granted if the record check reveals a felony conviction for child abuse or neglect, for spousal abuse, for a crime against children, or for a crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery, or if there is a felony conviction for physical assault, battery, or a drug-related offense committed within the past 5 years.

For purposes of this subsection, secure care facility shall mean a facility that is designed and operated to ensure that all entrances and exits from the facility, a building or a SB1599 Engrossed - 30 - LRB098 05131 KTG 35162 b distinct part of the building, are under the exclusive control of the staff of the facility, whether or not the child has the freedom of movement within the perimeter of the facility, building, or distinct part of the building.

the potential SB1599 Enrolled - 29 - LRB098 05131 KTG 35162 b cost savings resulting from the movement of children currently out-of-state who are projected to be returned to Illinois;

(y) Beginning on the effective date of this amendatory Act of the 96th General Assembly, a child with a disability who SB1599 Engrossed - 31 - LRB098 05131 KTG 35162 b receives residential and educational services from the Department shall be eligible to receive transition services in accordance with Article 14 of the School Code from the age of 14.5 through age 21, inclusive, notwithstanding the child's residential services arrangement.