Who sponsors HB 3169?

HB 3169 is sponsored by Nick Sauer.

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Illinois 100th Regular Session Status: Enacted

HB 3169 — DCFS-YOUTH IN CARE

Last action August 18, 2017 — Public Act . . . . . . . . . 100-0159

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✓
Introduced
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In Committee
✓
Passed House
✓
Passed Senate
✓
To Executive
6
Enacted

This bill has been enacted into law. Introduced February 09, 2017. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

Enacted

Current position in the legislative process.
1 sponsor

0 primary, 1 co-sponsors signed on.
Cleared a recorded vote

Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Children and Family Services Act by defining "youth in care" as persons placed in the temporary custody or guardianship of the Department of Children and Family Services pursuant to the Juvenile Court Act of 1987. Amends various Acts by changing certain references to children who are wards of the Department of Children and Family Services or wards of the State to references to youth in care. Also changes terminology relating to children in the guardianship or custody of the Department of Children and Family Services. Makes other changes. Effective immediately.

Bill Text

What changed in the latest version

229 added · 229 removed

Plain-language change summary

The amendment to HB 3169 updates the terminology used in the Children and Family Services Act, replacing references to "children who are wards" with the term "youth in care." This change is significant because it acknowledges and respects the current language used in child welfare, aiming to better represent the experiences of those placed in the custody of the Department of Children and Family Services. By adopting more inclusive language, the law can foster a more understanding and supportive approach to the needs of these young individuals.

HB3169 ~~Engrossed~~Enrolled LRB100 00350 KTG 10354 b AN ACT concerning children.

Notwithstanding any provision in HB3169 ~~Engrossed~~Enrolled - 2 - LRB100 00350 KTG 10354 b this Section to the contrary, social security numbers may be included in applications and forms sent by mail, including, but not limited to, any material mailed in connection with the administration of the Unemployment Insurance Act, any material mailed in connection with any tax administered by the Department of Revenue, and documents sent as part of an application or enrollment process or to establish, amend, or terminate an account, contract, or policy or to confirm the accuracy of the social security number.

and (iii) the social security number collected is relevant to the HB3169 ~~Engrossed~~Enrolled - 3 - LRB100 00350 KTG 10354 b documented need and purpose.

persons committed to HB3169 ~~Engrossed~~Enrolled - 4 - LRB100 00350 KTG 10354 b correctional facilities, local jails, and other law-enforcement facilities or retention centers;

(d) If any State or local government agency has adopted standards for the collection, use, or disclosure of social security numbers that are stricter than the standards under this Act with respect to the protection of those social HB3169 ~~Engrossed~~Enrolled - 5 - LRB100 00350 KTG 10354 b security numbers, then, in the event of any conflict with the provisions of this Act, the stricter standards adopted by the State or local government agency shall control.

any present or former HB3169 ~~Engrossed~~Enrolled - 6 - LRB100 00350 KTG 10354 b Executive, Legislative, or Auditor General's Inspector General;

individual representatives of or organizations designated by the Department on Aging in the performance of their duties as adult protective services agencies or regional administrative agencies under the Adult HB3169 ~~Engrossed~~Enrolled - 7 - LRB100 00350 KTG 10354 b Protective Services Act;

An individual who renders HB3169 ~~Engrossed~~Enrolled - 8 - LRB100 00350 KTG 10354 b professional advice and consultation to the State through an organization which qualifies as an "employee" under the Act is also an employee.

HB3169 ~~Engrossed~~Enrolled - 9 - LRB100 00350 KTG 10354 b (2) reviewing monitoring standards to address the quality of life for youth in Department of Children and Family Services' licensed child care facilities;

and (7) preparing and providing recommendations that HB3169 ~~Engrossed~~Enrolled - 10 - LRB100 00350 KTG 10354 b identify areas of needed improvement regarding the investigation of allegations of abuse and neglect to children in Department of Children and Family Services' licensed child care facilities and institutions and transitional living programs, as well as needed changes to existing laws, rules, and procedures of the Department of Children and Family Services, and overseeing implementation of its recommendations.

In appointing the first Council, 8 members shall be named HB3169 ~~Engrossed~~Enrolled - 11 - LRB100 00350 KTG 10354 b to serve 2 years, and 8 members named to serve 4 years.

HB3169 ~~Engrossed~~Enrolled - 12 - LRB100 00350 KTG 10354 b (20 ILCS 505/5) (from Ch.

(3) "Child welfare services" means public social HB3169 ~~Engrossed~~Enrolled - 13 - LRB100 00350 KTG 10354 b services which are directed toward the accomplishment of the following purposes:

At HB3169 ~~Engrossed~~Enrolled - 14 - LRB100 00350 KTG 10354 b the time of placement, the Department shall consider concurrent planning, as described in subsection (l-1) of this Section so that permanency may occur at the earliest opportunity.

(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 HB3169 ~~Engrossed~~Enrolled - 15 - LRB100 00350 KTG 10354 b years of age and older and for children under 18 years of age.

payments to local public agencies for child day care services as authorized by Section 5a of this HB3169 ~~Engrossed~~Enrolled - 16 - LRB100 00350 KTG 10354 b Act;

Rules and regulations established by the Department shall include provisions for training Department staff and the staff of Department grantees, through contracts with other agencies or resources, in alcohol and drug abuse screening techniques approved by the Department of Human Services, as a successor to HB3169 ~~Engrossed~~Enrolled - 17 - LRB100 00350 KTG 10354 b the Department of Alcoholism and Substance Abuse, for the purpose of identifying children and adults who should be referred to an alcohol and drug abuse treatment program for professional evaluation.

HB3169 ~~Engrossed~~Enrolled - 18 - LRB100 00350 KTG 10354 b (3) respite care;

The Department may also provide categories of financial assistance and education assistance grants, and shall establish rules and regulations for the assistance and grants, to persons appointed guardian of HB3169 ~~Engrossed~~Enrolled - 19 - LRB100 00350 KTG 10354 b the person under Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile Court Act of 1987 for children who were youth in care wards of the Department for 12 months immediately prior to the appointment of the guardian.

(l) The Department shall offer family preservation services, as defined in Section 8.2 of the Abused and Neglected HB3169 ~~Engrossed~~Enrolled - 20 - LRB100 00350 KTG 10354 b Child Reporting Act, to help families, including adoptive and extended families.

The HB3169 ~~Engrossed~~Enrolled - 21 - LRB100 00350 KTG 10354 b child and his family shall be eligible for services as soon as the report is determined to be "indicated".

The Department may, at its discretion except for those children also adjudicated neglected or dependent, accept for care and training any child who has been adjudicated addicted, as a truant minor in need of supervision or as a minor requiring authoritative intervention, under the Juvenile Court HB3169 ~~Engrossed~~Enrolled - 22 - LRB100 00350 KTG 10354 b Act or the Juvenile Court Act of 1987, but no such child shall be committed to the Department by any court without the approval of the Department.

An independent basis exists HB3169 ~~Engrossed~~Enrolled - 23 - LRB100 00350 KTG 10354 b when the allegations or adjudication of abuse, neglect, or dependency do not arise from the same facts, incident, or circumstances which give rise to a charge or adjudication of delinquency.

The nature and scope of the services offered and the number of families served under the special program implemented under this paragraph shall be determined by the level of funding that the Department annually HB3169 ~~Engrossed~~Enrolled - 24 - LRB100 00350 KTG 10354 b allocates for this purpose.

When a child is placed in foster care, the Department shall ensure and document that reasonable efforts were made to prevent or eliminate the need to remove the child from the HB3169 ~~Engrossed~~Enrolled - 25 - LRB100 00350 KTG 10354 b child's home.

HB3169 ~~Engrossed~~Enrolled - 26 - LRB100 00350 KTG 10354 b (6) the willingness and ability of the foster family to provide an adoptive home or long-term placement;

After a caretaker has remained in the HB3169 ~~Engrossed~~Enrolled - 27 - LRB100 00350 KTG 10354 b home for a period not to exceed 12 hours, the Department must follow those procedures outlined in Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile Court Act of 1987.

The Department may retain temporary custody of the child for 10 days after the HB3169 ~~Engrossed~~Enrolled - 28 - LRB100 00350 KTG 10354 b receipt of the request, during which period the Department may cause to be filed a petition pursuant to the Juvenile Court Act of 1987.

(n) The Department may place children under 18 years of age in licensed child care facilities when in the opinion of the HB3169 ~~Engrossed~~Enrolled - 29 - LRB100 00350 KTG 10354 b Department, appropriate services aimed at family preservation have been unsuccessful and cannot ensure the child's health and safety or are unavailable and such placement would be for their best interest.

(n-1) The Department shall provide or authorize child welfare services, aimed at assisting minors to achieve sustainable self-sufficiency as independent adults, for any minor eligible for the reinstatement of wardship pursuant to HB3169 ~~Engrossed~~Enrolled - 30 - LRB100 00350 KTG 10354 b subsection (2) of Section 2-33 of the Juvenile Court Act of 1987, whether or not such reinstatement is sought or allowed, provided that the minor consents to such services and has not yet attained the age of 21.

HB3169 ~~Engrossed~~Enrolled - 31 - LRB100 00350 KTG 10354 b (o) The Department shall establish an administrative review and appeal process for children and families who request or receive child welfare services from the Department.

(p) There is hereby created the Department of Children and HB3169 ~~Engrossed~~Enrolled - 32 - LRB100 00350 KTG 10354 b Family Services Emergency Assistance Fund from which the Department may provide special financial assistance to families which are in economic crisis when such assistance is not available through other public or private sources and the assistance is deemed necessary to prevent dissolution of the family unit or to reunite families which have been separated due to child abuse and neglect.

The Department shall set up and administer no-cost, interest-bearing accounts in appropriate financial institutions for children for whom the Department is legally responsible and who have been determined eligible for Veterans' HB3169 ~~Engrossed~~Enrolled - 33 - LRB100 00350 KTG 10354 b Benefits, Social Security benefits, assistance allotments from the armed forces, court ordered payments, parental voluntary payments, Supplemental Security Income, Railroad Retirement payments, Black Lung benefits, or other miscellaneous payments.

HB3169 ~~Engrossed~~Enrolled - 34 - LRB100 00350 KTG 10354 b (3) Maintain any balance remaining after reimbursing for the child's costs of care, as specified in item (2).

(s) The Department of Children and Family Services may establish and implement a program to reimburse Department and private child welfare agency foster parents licensed by the Department of Children and Family Services for damages sustained by the foster parents as a result of the malicious or HB3169 ~~Engrossed~~Enrolled - 35 - LRB100 00350 KTG 10354 b negligent acts of foster children, as well as providing third party coverage for such foster parents with regard to actions of foster children to other individuals.

(u) In addition to other information that must be provided, HB3169 ~~Engrossed~~Enrolled - 36 - LRB100 00350 KTG 10354 b whenever the Department places a child with a prospective adoptive parent or parents or in a licensed foster home, group home, child care institution, or in a relative home, the Department shall provide to the prospective adoptive parent or parents or other caretaker:

The Department may prepare a written summary of the information required by this paragraph, which may be provided to the foster or prospective adoptive parent in HB3169 ~~Engrossed~~Enrolled - 37 - LRB100 00350 KTG 10354 b advance of a placement.

Relative caregivers who, as of July 1, 1995, HB3169 ~~Engrossed~~Enrolled - 38 - LRB100 00350 KTG 10354 b were approved pursuant to approved relative placement rules previously promulgated by the Department at 89 Ill.

The Department of Children and Family Services and its employees HB3169 ~~Engrossed~~Enrolled - 39 - LRB100 00350 KTG 10354 b shall abide by rules and regulations established by the Department of State Police relating to the access and dissemination of this information.

(w) Within 120 days of August 20, 1995 (the effective date of Public Act 89-392), the Department shall prepare and submit to the Governor and the General Assembly, a written plan for HB3169 ~~Engrossed~~Enrolled - 40 - LRB100 00350 KTG 10354 b the development of in-state licensed secure child care facilities that care for children who are in need of secure living arrangements for their health, safety, and well-being.

Show all 229 changed lines (189 more)

The Department shall determine if financial exploitation of the child's HB3169 ~~Engrossed~~Enrolled - 41 - LRB100 00350 KTG 10354 b personal information has occurred.

The Department of State Police shall charge a fee HB3169 ~~Engrossed~~Enrolled - 42 - LRB100 00350 KTG 10354 b for conducting the criminal history record check, which shall be deposited into the State Police Services Fund and shall not exceed the actual cost of the record check.

"Department employee" means a full-time or temporary HB3169 ~~Engrossed~~Enrolled - 43 - LRB100 00350 KTG 10354 b employee coded or certified within the State of Illinois Personnel System.

HB3169 ~~Engrossed~~Enrolled - 44 - LRB100 00350 KTG 10354 b Child Care Service, including day care;

HB3169 ~~Engrossed~~Enrolled - 45 - LRB100 00350 KTG 10354 b Supervision and Consultation;

(a) with respect to any day care centers, it shall be limited to those agencies which receive reimbursement from HB3169 ~~Engrossed~~Enrolled - 46 - LRB100 00350 KTG 10354 b the State;

Neither the Department of Children and Family Services nor the Department of Human Services shall pay or approve reimbursement for day care in a facility which is operating HB3169 ~~Engrossed~~Enrolled - 47 - LRB100 00350 KTG 10354 b without a valid license or permit, except in the case of day care homes or day care centers which are exempt from the licensing requirements of the "Child Care Act of 1969".

1-1-96.) HB3169 ~~Engrossed~~Enrolled - 48 - LRB100 00350 KTG 10354 b (20 ILCS 505/7.5) Sec.

10-1-06.) HB3169 ~~Engrossed~~Enrolled - 49 - LRB100 00350 KTG 10354 b (20 ILCS 505/34.11) Sec.

HB3169 ~~Engrossed~~Enrolled - 50 - LRB100 00350 KTG 10354 b (5) Grandparents and other relatives providing primary care for children lack appropriate information about the issues of kinship care, the special needs (both physical and psychological) of children born to a substance-abusing mother or at risk of child abuse, neglect, or abandonment, and the support resources currently available to them.

As a part of the program, the Department may develop, publish, and distribute an HB3169 ~~Engrossed~~Enrolled - 51 - LRB100 00350 KTG 10354 b informational brochure for grandparents and other relatives who provide primary care for children who are at risk of child abuse, neglect, or abandonment or who were born to substance-abusing mothers.

The brochure may be distributed through hospitals, public health nurses, child protective services, medical professional offices, elementary and secondary schools, senior citizen centers, public libraries, community action agencies selected HB3169 ~~Engrossed~~Enrolled - 52 - LRB100 00350 KTG 10354 b by the Department, and the Department of Human Services.

(3) Provide training for Department and private agency HB3169 ~~Engrossed~~Enrolled - 53 - LRB100 00350 KTG 10354 b staff on methods of assisting caregivers before and after adoption and guardianship, and the families of older and ill caregivers, who wish to make future care and custody plans for children who have been youth in care wards of the Department and who are or will be adopted by or are or will be placed in the guardianship of those caregivers become wards of those caregivers.

(i) Provide contracted social work services to HB3169 ~~Engrossed~~Enrolled - 54 - LRB100 00350 KTG 10354 b older and ill caregivers, and the families of deceased caregivers, including those who will or have adopted or will take or have taken guardianship of children previously in Department custody.

standby guardianship, successor guardianship, standby adoption, and HB3169 ~~Engrossed~~Enrolled - 55 - LRB100 00350 KTG 10354 b successor adoption.

(9) Ensure that future caregivers designated by adoptive parents and guardians, and the families of deceased caregivers, understand the problems experienced by older and ill caregivers of children, including children with special needs, such as financial stress due to limited income and increased financial responsibility, emotional difficulties associated with the loss of a child's parent or the child's unique behaviors, the special needs of a child who may come into their custody or whose parent or HB3169 ~~Engrossed~~Enrolled - 56 - LRB100 00350 KTG 10354 b guardian is already deceased, and decreased physical stamina and a higher rate of chronic illness and other health concerns.

The case and clinical records of patients in Department supervised facilities, youth in care wards of the Department, children receiving or applying for child welfare services, persons receiving or applying for other services of the Department, and Department reports of injury or abuse to HB3169 ~~Engrossed~~Enrolled - 57 - LRB100 00350 KTG 10354 b children shall not be open to the general public.

(xi) the Illinois General Assembly or any committee HB3169 ~~Engrossed~~Enrolled - 58 - LRB100 00350 KTG 10354 b or commission thereof.

Nothing contained in this Act prevents the sharing or disclosure of information or records relating or pertaining to HB3169 ~~Engrossed~~Enrolled - 59 - LRB100 00350 KTG 10354 b the death of a minor under the care of or receiving services from the Department and under the jurisdiction of the juvenile court with the juvenile court, the State's Attorney, and the minor's attorney.

1-1-17.) (20 ILCS 505/39.3) HB3169 ~~Engrossed~~Enrolled - 60 - LRB100 00350 KTG 10354 b Sec.

HB3169 ~~Engrossed~~Enrolled - 61 - LRB100 00350 KTG 10354 b (5) Any other child whose death is reported to the State central register as a result of alleged child abuse or neglect which report is subsequently indicated.

(c) A child death review team shall review a child death as soon as practical and not later than 90 days following the HB3169 ~~Engrossed~~Enrolled - 62 - LRB100 00350 KTG 10354 b completion by the Department of the investigation of the death under the Abused and Neglected Child Reporting Act.

The Director shall submit this report to the chairperson of the team that made the recommendation and to the HB3169 ~~Engrossed~~Enrolled - 63 - LRB100 00350 KTG 10354 b chairperson of the Executive Council.

(b) Standards and procedures for issuing written warnings HB3169 ~~Engrossed~~Enrolled - 64 - LRB100 00350 KTG 10354 b to physicians, residential treatment facilities, and psychiatric hospitals when they have violated any rule enacted or maintained pursuant to Section 5 of this Act.

(e) Standards and procedures for notifying the guardian ad litem appointed pursuant to Section 2-17 of the Juvenile Court Act of 1987, of a youth in care as defined in Section 4d of the HB3169 ~~Engrossed~~Enrolled - 65 - LRB100 00350 KTG 10354 b Children and Family Services Act ward who has been administered psychotropic medication in violation of any rule enacted or maintained pursuant to Section 5 of this Act, where the guardian ad litem has requested notification and provides the Department with documentation verifying that pursuant to the Mental Health and Developmental Disabilities Confidentiality Act, the court has entered an order granting the guardian ad litem authority to receive and review this information.

The purpose of this Section is to mandate that joint planning occur between the Department of Children and Family Services and the Department of Human Services to ensure that the 2 agencies coordinate their activities and effectively work together to HB3169 ~~Engrossed~~Enrolled - 66 - LRB100 00350 KTG 10354 b provide youth in care as defined in Section 4d of the Children and Family Services Act who have wards with developmental disabilities for whom the Department of Children and Family Services is legally responsible a smooth transition to adult living upon reaching the age of 21.

HB3169 ~~Engrossed~~Enrolled - 67 - LRB100 00350 KTG 10354 b (Source:

Every coroner, whenever, as soon as he knows or is informed that the dead body of any person is found, or lying within his county, whose death is HB3169 ~~Engrossed~~Enrolled - 68 - LRB100 00350 KTG 10354 b suspected of being:

Coroners in their discretion shall notify such physician as is designated in accordance with Section 3-3014 to attempt to ascertain the cause of death, either by autopsy or HB3169 ~~Engrossed~~Enrolled - 69 - LRB100 00350 KTG 10354 b otherwise.

In all other cases coming within the jurisdiction of the coroner and referred to in subparagraphs (a) through (e) above, HB3169 ~~Engrossed~~Enrolled - 70 - LRB100 00350 KTG 10354 b blood, and whenever possible, urine samples shall be analyzed for the presence of alcohol and other drugs.

As soon as possible, but no later than 30 days after the receipt from the coroner or medical examiner, the police agency shall submit the HB3169 ~~Engrossed~~Enrolled - 71 - LRB100 00350 KTG 10354 b specimens using the agency case number to a National DNA Index System (NDIS) participating laboratory within this State, such as the Illinois Department of State Police, Division of Forensic Services, for analysis and categorizing into genetic marker groupings.

HB3169 ~~Engrossed~~Enrolled - 72 - LRB100 00350 KTG 10354 b Inquests may be continued from time to time, as the coroner may deem necessary.

A juror serving pursuant to this paragraph in such county shall HB3169 ~~Engrossed~~Enrolled - 73 - LRB100 00350 KTG 10354 b receive compensation from the county at the same rate as the rate of compensation that is paid to petit or grand jurors in the county.

In addition, in every case in which domestic violence is determined to be a contributing factor in a death, the coroner HB3169 ~~Engrossed~~Enrolled - 74 - LRB100 00350 KTG 10354 b shall report the death to the Department of State Police.

HB3169 ~~Engrossed~~Enrolled - 75 - LRB100 00350 KTG 10354 b (a) This Section shall apply to all impartial due process hearings requested on or after July 1, 2005.

The superintendent shall forward the request to the State Board of Education HB3169 ~~Engrossed~~Enrolled - 76 - LRB100 00350 KTG 10354 b within 5 days after receipt of the request.

For a school district other than a school district located in a municipality having a population exceeding 500,000, a hearing officer who is a current resident of the school HB3169 ~~Engrossed~~Enrolled - 77 - LRB100 00350 KTG 10354 b district, special education cooperative, or other public entity involved in the hearing shall recuse himself or herself.

If a party withdraws its request for a due process hearing HB3169 ~~Engrossed~~Enrolled - 78 - LRB100 00350 KTG 10354 b after a hearing officer has been appointed, that hearing officer shall retain jurisdiction over a subsequent hearing that involves the same parties and is requested within one year from the date of withdrawal of the previous request, unless that hearing officer is unavailable.

Once appointed, the impartial due process hearing officer shall not communicate with the State Board of HB3169 ~~Engrossed~~Enrolled - 79 - LRB100 00350 KTG 10354 b Education or its employees concerning the hearing, except that, where circumstances require, communications for administrative purposes that do not deal with substantive or procedural matters or issues on the merits are authorized, provided that the hearing officer promptly notifies all parties of the substance of the communication as a matter of record.

HB3169 ~~Engrossed~~Enrolled - 80 - LRB100 00350 KTG 10354 b (g-10) When the hearing request has been initiated by a school district, within 10 days after receiving the request, the parent or student (if at least 18 years of age or emancipated) shall provide the school district with a response that specifically addresses the issues raised in the school district's hearing request.

In addition, the party who requested the hearing may HB3169 ~~Engrossed~~Enrolled - 81 - LRB100 00350 KTG 10354 b amend the request once as a matter of right by filing the amended request within 5 days after filing the initial request.

The resolution meeting may not be waived unless agreed to in writing by the school district and the parent or student (if at least 18 years of age or emancipated) or the parent or HB3169 ~~Engrossed~~Enrolled - 82 - LRB100 00350 KTG 10354 b student (if at least 18 years of age or emancipated) and the school district agree in writing to utilize mediation in place of the resolution meeting.

The State Board of Education may, by rule, establish HB3169 ~~Engrossed~~Enrolled - 83 - LRB100 00350 KTG 10354 b additional procedures for the conduct of resolution meetings.

(g-40) The hearing officer shall convene a prehearing HB3169 ~~Engrossed~~Enrolled - 84 - LRB100 00350 KTG 10354 b conference no later than 14 days before the scheduled date for the due process hearing for the general purpose of aiding in the fair, orderly, and expeditious conduct of the hearing.

The State Board of Education may, by rule, establish additional HB3169 ~~Engrossed~~Enrolled - 85 - LRB100 00350 KTG 10354 b procedures for the conduct of prehearing conferences.

This subsection (g-55) shall not be applied in a manner that (i) denies any party to the hearing a fair and reasonable allocation of time and opportunity to present its case in its entirety or (ii) deprives any party to HB3169 ~~Engrossed~~Enrolled - 86 - LRB100 00350 KTG 10354 b the hearing of the safeguards accorded under the federal Individuals with Disabilities Education Improvement Act of 2004 (Public Law 108-446), regulations promulgated under the Individuals with Disabilities Education Improvement Act of 2004, or any other applicable law.

If at issue, the school district shall present evidence that it has properly identified and evaluated the nature and severity of the student's suspected or HB3169 ~~Engrossed~~Enrolled - 87 - LRB100 00350 KTG 10354 b identified disability and that, if the student has been or should have been determined eligible for special education and related services, that it is providing or has offered a free appropriate public education to the student in the least restrictive environment, consistent with procedural safeguards and in accordance with an individualized educational program.

(h) The impartial hearing officer shall issue a written decision, including findings of fact and conclusions of law, within 10 days after the conclusion of the hearing and send by HB3169 ~~Engrossed~~Enrolled - 88 - LRB100 00350 KTG 10354 b certified mail a copy of the decision to the parents or student (if the student requests the hearing), the school district, the director of special education, legal representatives of the parties, and the State Board of Education.

The request shall operate to stay implementation of those portions of the decision for which clarification is sought, pending HB3169 ~~Engrossed~~Enrolled - 89 - LRB100 00350 KTG 10354 b action on the request by the hearing officer, unless the parties otherwise agree.

In any action brought under this subsection the Court shall receive the records of the impartial HB3169 ~~Engrossed~~Enrolled - 90 - LRB100 00350 KTG 10354 b due process hearing, shall hear additional evidence at the request of a party, and, basing its decision on the preponderance of the evidence, shall grant such relief as the court determines is appropriate.

If applying for initial admission to the school district, the student shall, with the consent of the parents (if the student is not at least 18 years of age or HB3169 ~~Engrossed~~Enrolled - 91 - LRB100 00350 KTG 10354 b emancipated), be placed in the school district program until all such proceedings have been completed.

Surrogate parents shall not be employees of the school district, an agency created by joint agreement under Section 10-22.31, an agency involved in the education or care of the student, or the State HB3169 ~~Engrossed~~Enrolled - 92 - LRB100 00350 KTG 10354 b Board of Education.

The Child Care Act of 1969 is amended by changing Sections 2.31 and 7.3 and by adding Section 2.01b as HB3169 ~~Engrossed~~Enrolled - 93 - LRB100 00350 KTG 10354 b follows:

The agency must keep a HB3169 ~~Engrossed~~Enrolled - 94 - LRB100 00350 KTG 10354 b record of every other child welfare agency that has placed such a child in that foster family home;

A foster parent who knowingly and willfully fails HB3169 ~~Engrossed~~Enrolled - 95 - LRB100 00350 KTG 10354 b to report a missing foster child under this subsection is guilty of a Class A misdemeanor.

The lead agency shall adopt procedural safeguards that meet federal requirements and HB3169 ~~Engrossed~~Enrolled - 96 - LRB100 00350 KTG 10354 b ensure effective implementation of the safeguards for families by each public agency involved in the provision of early intervention services under this Act.

The regional intake HB3169 ~~Engrossed~~Enrolled - 97 - LRB100 00350 KTG 10354 b entity must make reasonable efforts to ensure the assignment of a surrogate parent not more than 30 days after a public agency determines that the child needs a surrogate parent.

8-1-14.) HB3169 ~~Engrossed~~Enrolled - 98 - LRB100 00350 KTG 10354 b Section 65.

The programs shall be targeted to high risk youth residing in the geographic areas HB3169 ~~Engrossed~~Enrolled - 99 - LRB100 00350 KTG 10354 b served by the respective programs.

Any child or person in the care of the Department who is placed in a residential facility under HB3169 ~~Engrossed~~Enrolled - 100 - LRB100 00350 KTG 10354 b contract with the Department pursuant to the Children and Family Services Act shall be reported as missing to the local law enforcement agency within whose jurisdiction the facility is located, if:

HB3169 ~~Engrossed~~Enrolled - 101 - LRB100 00350 KTG 10354 b "This individual is a youth in the care ward of the Illinois Department of Children and Family Services (DCFS) and, regardless of age, shall be released only to the custody of DCFS.

HB3169 ~~Engrossed~~Enrolled - 102 - LRB100 00350 KTG 10354 b (b) The application may be executed by a parent or guardian or, in the absence of a parent or guardian, by a person in loco parentis.

(2) If the court finds that there is probable cause to believe that the minor is abused, neglected or dependent, the court shall state in writing the factual basis supporting its finding and the minor, his or her parent, guardian, custodian and other persons able to give relevant testimony shall be HB3169 ~~Engrossed~~Enrolled - 103 - LRB100 00350 KTG 10354 b examined before the court.

If it is consistent with the health, safety and best interests of the minor, the court may also prescribe shelter care and order that the minor be kept in a suitable place designated by the court or in a shelter care facility designated by the Department of Children HB3169 ~~Engrossed~~Enrolled - 104 - LRB100 00350 KTG 10354 b and Family Services or a licensed child welfare agency;

In determining the health, safety and best interests of the minor HB3169 ~~Engrossed~~Enrolled - 105 - LRB100 00350 KTG 10354 b to prescribe shelter care, the court must find that it is a matter of immediate and urgent necessity for the safety and protection of the minor or of the person or property of another that the minor be placed in a shelter care facility or that he or she is likely to flee the jurisdiction of the court, and must further find that reasonable efforts have been made or that, consistent with the health, safety and best interests of the minor, no efforts reasonably can be made to prevent or eliminate the necessity of removal of the minor from his or her home.

If the minor is ordered placed in a shelter care facility of the Department of Children and Family Services or a licensed child welfare agency, the court shall, upon request of the appropriate Department or other agency, appoint the Department of Children and Family Services Guardianship Administrator or other appropriate agency executive temporary custodian of the minor and the court may enter such other orders related to the HB3169 ~~Engrossed~~Enrolled - 106 - LRB100 00350 KTG 10354 b temporary custody as it deems fit and proper, including the provision of services to the minor or his family to ameliorate the causes contributing to the finding of probable cause or to the finding of the existence of immediate and urgent necessity.

If the Department has determined that it is not in a child's best interest to be placed with a sibling, the Department shall document in the HB3169 ~~Engrossed~~Enrolled - 107 - LRB100 00350 KTG 10354 b sibling placement and contact plan the basis for its determination.

The frequency, HB3169 ~~Engrossed~~Enrolled - 108 - LRB100 00350 KTG 10354 b duration, and locations of visitation shall be measured by the needs of the child and family, and not by the convenience of Department personnel.

Nothing in this subsection (2) shall restrict the Department from immediately HB3169 ~~Engrossed~~Enrolled - 109 - LRB100 00350 KTG 10354 b restricting or terminating parent-child contact or sibling contacts, without either amending the parent-child visiting plan or the sibling contact plan or obtaining a court order, where the Department or its assigns reasonably believe that continuation of the contact, as set out in the plan, would be contrary to the child's health, safety, and welfare.

The HB3169 ~~Engrossed~~Enrolled - 110 - LRB100 00350 KTG 10354 b temporary custodian shall maintain a copy of the court order and written findings in the case record for the child.

The court shall advise the parents, guardian, custodian or responsible relative to inform HB3169 ~~Engrossed~~Enrolled - 111 - LRB100 00350 KTG 10354 b the Department if additional information regarding the minor's adult relatives becomes available.

and shall explain the right of the parties and the procedures to vacate or modify a shelter care order as provided HB3169 ~~Engrossed~~Enrolled - 112 - LRB100 00350 KTG 10354 b in this Section.

Whether or not the child or children were HB3169 ~~Engrossed~~Enrolled - 113 - LRB100 00350 KTG 10354 b abused, neglected or dependent.

That you did not get adequate notice (explaining HB3169 ~~Engrossed~~Enrolled - 114 - LRB100 00350 KTG 10354 b how the notice was inadequate).

(4) If the parent, guardian, legal custodian, responsible relative, minor age 8 or over, or counsel of the minor did not have actual notice of or was not present at the shelter care hearing, he or she may file an affidavit setting forth these facts, and the clerk shall set the matter for rehearing not HB3169 ~~Engrossed~~Enrolled - 115 - LRB100 00350 KTG 10354 b later than 48 hours, excluding Sundays and legal holidays, after the filing of the affidavit.

If a parent, guardian or custodian does not appear at such rehearing, the judge may enter an order prescribing HB3169 ~~Engrossed~~Enrolled - 116 - LRB100 00350 KTG 10354 b that the minor be kept in a suitable place designated by the Department of Children and Family Services or a licensed child welfare agency.

or (d) Services provided by the Department of Children and Family Services or a child welfare agency or other service provider have been successful in eliminating the need for temporary custody and the child can be cared for at home HB3169 ~~Engrossed~~Enrolled - 117 - LRB100 00350 KTG 10354 b without endangering the child's health or safety.

(11) The changes made to this Section by Public Act 98-61 HB3169 ~~Engrossed~~Enrolled - 118 - LRB100 00350 KTG 10354 b apply to a minor who has been arrested or taken into custody on or after January 1, 2014 (the effective date of Public Act 98-61).

"Custodian" includes the Department of Children and Family Services, if it has been given custody of the child, or any other agency of the HB3169 ~~Engrossed~~Enrolled - 119 - LRB100 00350 KTG 10354 b State which has been given custody or wardship of the child.

If the minor is ordered placed in a shelter care facility of the Department of Children and Family HB3169 ~~Engrossed~~Enrolled - 120 - LRB100 00350 KTG 10354 b Services or a licensed child welfare agency, the court shall, upon request of the Department or other agency, appoint the Department of Children and Family Services Guardianship Administrator or other appropriate agency executive temporary custodian of the minor and the court may enter such other orders related to the temporary custody as it deems fit and proper, including the provision of services to the minor or his family to ameliorate the causes contributing to the finding of probable cause or to the finding of the existence of immediate and urgent necessity.

The temporary custodian shall maintain a copy of the court order and written findings in the case record for HB3169 ~~Engrossed~~Enrolled - 121 - LRB100 00350 KTG 10354 b the child.

The notice shall also state the nature of the allegations, the nature of the order sought by the State, including whether temporary custody is sought, and the HB3169 ~~Engrossed~~Enrolled - 122 - LRB100 00350 KTG 10354 b consequences of failure to appear;

Whether or not there is "immediate and urgent HB3169 ~~Engrossed~~Enrolled - 123 - LRB100 00350 KTG 10354 b necessity" to remove the child from home (including:

HB3169 ~~Engrossed~~Enrolled - 124 - LRB100 00350 KTG 10354 b At the rehearing, your rights are the same as at the initial shelter care hearing.

(5) Only when there is reasonable cause to believe that the minor taken into custody is a person described in subsection HB3169 ~~Engrossed~~Enrolled - 125 - LRB100 00350 KTG 10354 b (3) of Section 5-105 may the minor be kept or detained in a detention home or county or municipal jail.

(9) Notwithstanding any other provision of this Section, any interested party, including the State, the temporary HB3169 ~~Engrossed~~Enrolled - 126 - LRB100 00350 KTG 10354 b custodian, an agency providing services to the minor or family under a service plan pursuant to Section 8.2 of the Abused and Neglected Child Reporting Act, foster parent, or any of their representatives, on notice to all parties entitled to notice, may file a motion to modify or vacate a temporary custody order on any of the following grounds:

(10) The changes made to this Section by Public Act 98-61 apply to a minor who has been arrested or taken into custody on or after January 1, 2014 (the effective date of Public Act HB3169 ~~Engrossed~~Enrolled - 127 - LRB100 00350 KTG 10354 b 98-61).

(4) When a hearing where a minor is alleged to be a minor HB3169 ~~Engrossed~~Enrolled - 128 - LRB100 00350 KTG 10354 b requiring authoritative intervention is continued pursuant to this Section, the court may permit the minor to remain in his home subject to such conditions concerning his conduct and supervision as the court may require by order.

If the court determines the inability of the minor, or the parent, guardian, or legal custodian of the minor to pay HB3169 ~~Engrossed~~Enrolled - 129 - LRB100 00350 KTG 10354 b the fee, the court may impose a lesser fee.

(d) ordered partially or completely emancipated in accordance with the HB3169 ~~Engrossed~~Enrolled - 130 - LRB100 00350 KTG 10354 b provisions of the Emancipation of Minors Act;

Such HB3169 ~~Engrossed~~Enrolled - 131 - LRB100 00350 KTG 10354 b payments may not exceed the maximum amounts provided for by Section 9.1 of the Children and Family Services Act.

804-9) HB3169 ~~Engrossed~~Enrolled - 132 - LRB100 00350 KTG 10354 b Sec.

HB3169 ~~Engrossed~~Enrolled - 133 - LRB100 00350 KTG 10354 b The Court shall require documentation by representatives of the Department of Children and Family Services or the probation department as to the reasonable efforts that were made to prevent or eliminate the necessity of removal of the minor from his or her home, and shall consider the testimony of any person as to those reasonable efforts.

If the minor is ordered placed in a shelter care facility of the Department of Children and Family Services or a licensed child welfare agency, or in a facility HB3169 ~~Engrossed~~Enrolled - 134 - LRB100 00350 KTG 10354 b or program licensed by the Department of Human Services for shelter and treatment services, the court shall, upon request of the appropriate Department or other agency, appoint the Department of Children and Family Services Guardianship Administrator or other appropriate agency executive temporary custodian of the minor and the court may enter such other orders related to the temporary custody as it deems fit and proper, including the provision of services to the minor or his family to ameliorate the causes contributing to the finding of probable cause or to the finding of the existence of immediate and urgent necessity.

The temporary custodian shall maintain a copy HB3169 ~~Engrossed~~Enrolled - 135 - LRB100 00350 KTG 10354 b of the court order and written findings in the case record for the child.

(6) No minor under 16 years of age may be confined in a HB3169 ~~Engrossed~~Enrolled - 136 - LRB100 00350 KTG 10354 b jail or place ordinarily used for the confinement of prisoners in a police station.

or (b) There is a material change in the circumstances of HB3169 ~~Engrossed~~Enrolled - 137 - LRB100 00350 KTG 10354 b the natural family from which the minor was removed;

(1) The court may enter an order of continuance under supervision (a) upon an admission or stipulation by the appropriate respondent or minor respondent of the facts HB3169 ~~Engrossed~~Enrolled - 138 - LRB100 00350 KTG 10354 b supporting the petition and before proceeding to findings and adjudication, or after hearing the evidence at the adjudicatory hearing but before noting in the minutes of the proceeding a finding of whether or not the minor is an addict, and (b) in the absence of objection made in open court by the minor, his parent, guardian, custodian, responsible relative, defense attorney or the State's Attorney.

The filing of a petition for violation of a condition of the continuance under supervision shall toll the period of continuance under HB3169 ~~Engrossed~~Enrolled - 139 - LRB100 00350 KTG 10354 b supervision until the final determination of the charge, and the term of the continuance under supervision shall not run until the hearing and disposition of the petition for violation;

8-9-01.) HB3169 ~~Engrossed~~Enrolled - 140 - LRB100 00350 KTG 10354 b (705 ILCS 405/4-21) (from Ch.

(3) Unless the order of disposition expressly so provides, HB3169 ~~Engrossed~~Enrolled - 141 - LRB100 00350 KTG 10354 b it does not operate to close proceedings on the pending petition, but is subject to modification until final closing and discharge of the proceedings under Section 4-29.

HB3169 ~~Engrossed~~Enrolled - 142 - LRB100 00350 KTG 10354 b (7) The court must impose upon a minor under an order of continuance under supervision or an order of disposition under this Article IV, as a condition of the order, a fee of $25 for each month or partial month of supervision with a probation officer.

(a) upon an admission or stipulation by the appropriate respondent or minor respondent of the facts supporting the petition and before the court makes a finding of HB3169 ~~Engrossed~~Enrolled - 143 - LRB100 00350 KTG 10354 b delinquency, and in the absence of objection made in open court by the minor, his or her parent, guardian, or legal custodian, the minor's attorney or the State's Attorney;

(5) When a hearing where a minor is alleged to be delinquent is continued pursuant to this Section, the court HB3169 ~~Engrossed~~Enrolled - 144 - LRB100 00350 KTG 10354 b may, as conditions of the continuance under supervision, require the minor to do any of the following:

HB3169 ~~Engrossed~~Enrolled - 145 - LRB100 00350 KTG 10354 b (k-5) with the consent of the superintendent of the facility, attend an educational program at a facility other than the school in which the offense was committed if he or she committed a crime of violence as defined in Section 2 of the Crime Victims Compensation Act in a school, on the real property comprising a school, or within 1,000 feet of the real property comprising a school;

(r) refrain from having any contact, directly or indirectly, with certain specified persons or particular HB3169 ~~Engrossed~~Enrolled - 146 - LRB100 00350 KTG 10354 b types of persons, including but not limited to members of street gangs and drug users or dealers;

If the court finds that a condition of supervision has not been fulfilled, the court may proceed to findings, adjudication, and disposition or adjudication and HB3169 ~~Engrossed~~Enrolled - 147 - LRB100 00350 KTG 10354 b disposition.

(8.5) When a hearing in which a minor is alleged to be a delinquent for reasons that include a violation of Section 3.02 HB3169 ~~Engrossed~~Enrolled - 148 - LRB100 00350 KTG 10354 b or Section 3.03 of the Humane Care for Animals Act or paragraph (d) of subsection (1) of Section 21-1 of the Criminal Code of 1961 or paragraph (4) of subsection (a) of Section 21-1 or the Criminal Code of 2012 is continued under this Section, the court shall, as a condition of the continuance under supervision, require the minor to undergo medical or psychiatric treatment rendered by a psychiatrist or psychological treatment rendered by a clinical psychologist.

If the court determines the question in the affirmative the court shall, as a condition of the continuance under supervision and as part of or in addition to any other condition of the supervision, require the minor to perform community service for not less than 30 hours, provided that HB3169 ~~Engrossed~~Enrolled - 149 - LRB100 00350 KTG 10354 b community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed.

(11) If a minor is placed on supervision for a violation of HB3169 ~~Engrossed~~Enrolled - 150 - LRB100 00350 KTG 10354 b subsection (a-7) of Section 1 of the Prevention of Tobacco Use by Minors Act, the court may, in its discretion, and upon recommendation by the State's Attorney, order that minor and his or her parents or legal guardian to attend a smoker's education or youth diversion program as defined in that Act if that program is available in the jurisdiction where the offender resides.

(a) If a minor violates subsection (a-7) of Section 1 of the Prevention of Tobacco Use by Minors Act, the court may impose a sentence of 15 hours of community service or a HB3169 ~~Engrossed~~Enrolled - 151 - LRB100 00350 KTG 10354 b fine of $25 for a first violation.

HB3169 ~~Engrossed~~Enrolled - 152 - LRB100 00350 KTG 10354 b (1.5) The period of probation for a minor who is found guilty of aggravated criminal sexual assault, criminal sexual assault, or aggravated battery with a firearm shall be at least 36 months.

(d) undergo medical or psychiatric treatment, rendered by a psychiatrist or psychological treatment rendered by a clinical psychologist or social work services rendered by a clinical social worker, or treatment for drug addiction or HB3169 ~~Engrossed~~Enrolled - 153 - LRB100 00350 KTG 10354 b alcoholism;

(o) participate with community corrections programs including unified delinquency intervention services HB3169 ~~Engrossed~~Enrolled - 154 - LRB100 00350 KTG 10354 b administered by the Department of Human Services subject to Section 5 of the Children and Family Services Act;

(s) refrain from having any contact, directly or HB3169 ~~Engrossed~~Enrolled - 155 - LRB100 00350 KTG 10354 b indirectly, with certain specified persons or particular types of persons, including but not limited to members of street gangs and drug users or dealers;

(3.5) The court shall, as a condition of probation or of HB3169 ~~Engrossed~~Enrolled - 156 - LRB100 00350 KTG 10354 b conditional discharge, require that a minor found to be guilty and placed on probation for reasons that include a violation of Section 3.02 or Section 3.03 of the Humane Care for Animals Act or paragraph (4) of subsection (a) of Section 21-1 of the Criminal Code of 2012 undergo medical or psychiatric treatment rendered by a psychiatrist or psychological treatment rendered by a clinical psychologist.

(5) The court shall impose upon a minor placed on probation or conditional discharge, as a condition of the probation or conditional discharge, a fee of $50 for each month of probation or conditional discharge supervision ordered by the court, unless after determining the inability of the minor placed on probation or conditional discharge to pay the fee, the court HB3169 ~~Engrossed~~Enrolled - 157 - LRB100 00350 KTG 10354 b assesses a lesser amount.

If the transfer case originated in another state and has HB3169 ~~Engrossed~~Enrolled - 158 - LRB100 00350 KTG 10354 b been transferred under the Interstate Compact for Juveniles to the jurisdiction of an Illinois circuit court for supervision by an Illinois probation department, probation fees may be imposed only if permitted by the Interstate Commission for Juveniles.

(730 ILCS 5/5-5-10) HB3169 ~~Engrossed~~Enrolled - 159 - LRB100 00350 KTG 10354 b Sec.

and (2) the circuit court has authorized, by administrative order issued by the chief judge, the creation of HB3169 ~~Engrossed~~Enrolled - 160 - LRB100 00350 KTG 10354 b a Crime Victim's Services Fund, to be administered by the Chief Judge or his or her designee, for services to crime victims and their families.

Transfer of a person's probation or conditional HB3169 ~~Engrossed~~Enrolled - 161 - LRB100 00350 KTG 10354 b discharge supervision to another state is subject to acceptance by the other state pursuant to the Interstate Compact for Adult Offender Supervision;

(7) if he or she is at least 17 years of age and has been sentenced to probation or conditional discharge for a HB3169 ~~Engrossed~~Enrolled - 162 - LRB100 00350 KTG 10354 b misdemeanor or felony in a county of 3,000,000 or more inhabitants and has not been previously convicted of a misdemeanor or felony, may be required by the sentencing court to attend educational courses designed to prepare the defendant for a high school diploma and to work toward a high school diploma or to work toward passing high school equivalency testing or to work toward completing a vocational training program approved by the court.

(8) if convicted of possession of a substance HB3169 ~~Engrossed~~Enrolled - 163 - LRB100 00350 KTG 10354 b prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act after a previous conviction or disposition of supervision for possession of a substance prohibited by the Cannabis Control Act or Illinois Controlled Substances Act or after a sentence of probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act and upon a finding by the court that the person is addicted, undergo treatment at a substance abuse program approved by the court;

the provisions of this paragraph do not apply to a person HB3169 ~~Engrossed~~Enrolled - 164 - LRB100 00350 KTG 10354 b convicted of a sex offense who is placed in a Department of Corrections licensed transitional housing facility for sex offenders;

(i) not access or use a computer or any other HB3169 ~~Engrossed~~Enrolled - 165 - LRB100 00350 KTG 10354 b device with Internet capability without the prior written approval of the offender's probation officer, except in connection with the offender's employment or search for employment with the prior approval of the offender's probation officer;

(8.9) if convicted of a sex offense as defined in the Sex Offender Registration Act committed on or after January 1, 2010 (the effective date of Public Act 96-262), refrain HB3169 ~~Engrossed~~Enrolled - 166 - LRB100 00350 KTG 10354 b from accessing or using a social networking website as defined in Section 17-0.5 of the Criminal Code of 2012;

(11) if convicted of a sex offense as defined in Section 2 of the Sex Offender Registration Act committed on HB3169 ~~Engrossed~~Enrolled - 167 - LRB100 00350 KTG 10354 b or after January 1, 2010 (the effective date of Public Act 96-362) that requires the person to register as a sex offender under that Act, may not knowingly use any computer scrub software on any computer that the sex offender uses;

HB3169 ~~Engrossed~~Enrolled - 168 - LRB100 00350 KTG 10354 b (4) undergo medical, psychological or psychiatric treatment;

In addition to any other applicable condition of probation or conditional discharge, the conditions of home confinement shall be that HB3169 ~~Engrossed~~Enrolled - 169 - LRB100 00350 KTG 10354 b the offender:

The HB3169 ~~Engrossed~~Enrolled - 170 - LRB100 00350 KTG 10354 b clerk of the circuit court shall pay all monies collected from this fee to the county treasurer for deposit in the substance abuse services fund under Section 5-1086.1 of the Counties Code, except as provided in an administrative order of the Chief Judge of the circuit court.

and (v) for persons convicted of offenses other than those referenced in clause (iv) above and who are placed on an approved monitoring device as a condition of probation or conditional discharge, the court shall impose a reasonable fee for each day of the use of the device, as established by the county board in subsection (g) of this Section, unless after determining the inability of the defendant to pay the HB3169 ~~Engrossed~~Enrolled - 171 - LRB100 00350 KTG 10354 b fee, the court assesses a lesser fee or no fee as the case may be.

(11) comply with the terms and conditions of an order of protection issued by the court pursuant to the Illinois Domestic Violence Act of 1986, as now or hereafter amended, HB3169 ~~Engrossed~~Enrolled - 172 - LRB100 00350 KTG 10354 b or an order of protection issued by the court of another state, tribe, or United States territory.

Such terms may include consideration of the purpose of the entry, the time of day, other persons accompanying the defendant, and advance approval by a probation officer, if the defendant has been placed on HB3169 ~~Engrossed~~Enrolled - 173 - LRB100 00350 KTG 10354 b probation or advance approval by the court, if the defendant was placed on conditional discharge;

(iii) a first or second cousin HB3169 ~~Engrossed~~Enrolled - 174 - LRB100 00350 KTG 10354 b of the accused;

and HB3169 ~~Engrossed~~Enrolled - 175 - LRB100 00350 KTG 10354 b (iv) submit to any other appropriate restrictions concerning the offender's use of or access to a computer or any other device with Internet capability imposed by the offender's probation officer;

(e) Except where the offender has committed a fourth or subsequent violation of subsection (c) of Section 6-303 of the Illinois Vehicle Code, the court shall not require as a condition of the sentence of probation or conditional discharge that the offender be committed to a period of imprisonment in HB3169 ~~Engrossed~~Enrolled - 176 - LRB100 00350 KTG 10354 b excess of 6 months.

The fees shall be collected by the clerk HB3169 ~~Engrossed~~Enrolled - 177 - LRB100 00350 KTG 10354 b of the circuit court, except as provided in an administrative order of the Chief Judge of the circuit court.

The probation department within the circuit to which jurisdiction has been transferred, or HB3169 ~~Engrossed~~Enrolled - 178 - LRB100 00350 KTG 10354 b which has agreed to provide supervision, may impose probation fees upon receiving the transferred offender, as provided in subsection (i).

The HB3169 ~~Engrossed~~Enrolled - 179 - LRB100 00350 KTG 10354 b fee shall be collected by the clerk of the circuit court.

This amendatory Act of the 93rd General Assembly deletes the $10 increase in the fee under this subsection that was HB3169 ~~Engrossed~~Enrolled - 180 - LRB100 00350 KTG 10354 b imposed by Public Act 93-616.

(k) Any offender who is sentenced to probation or conditional discharge for a felony sex offense as defined in the Sex Offender Management Board Act or any offense that the court or probation department has determined to be sexually motivated as defined in the Sex Offender Management Board Act shall be required to refrain from any contact, directly or HB3169 ~~Engrossed~~Enrolled - 181 - LRB100 00350 KTG 10354 b indirectly, with any persons specified by the court and shall be available for all evaluations and treatment programs required by the court or the probation department.

Additionally, the court shall order the defendant to perform no less than 30 hours of community service and not more than 120 hours of community service, if community service is available HB3169 ~~Engrossed~~Enrolled - 182 - LRB100 00350 KTG 10354 b in the jurisdiction and is funded and approved by the county board where the offense was committed, when the offense (1) was related to or in furtherance of the criminal activities of an organized gang or was motivated by the defendant's membership in or allegiance to an organized gang;

(1) make a report to and appear in person before or participate with the court or such courts, person, or social service agency as directed by the court in the order HB3169 ~~Engrossed~~Enrolled - 183 - LRB100 00350 KTG 10354 b of supervision;

(9) make restitution or reparation in an amount not to HB3169 ~~Engrossed~~Enrolled - 184 - LRB100 00350 KTG 10354 b exceed actual loss or damage to property and pecuniary loss or make restitution under Section 5-5-6 to a domestic violence shelter.

(13) contribute a reasonable sum of money, not to exceed the maximum amount of the fine authorized for the offense for which the defendant was sentenced, (i) to a "local anti-crime program", as defined in Section 7 of the Anti-Crime Advisory Council Act, or (ii) for offenses under HB3169 ~~Engrossed~~Enrolled - 185 - LRB100 00350 KTG 10354 b the jurisdiction of the Department of Natural Resources, to the fund established by the Department of Natural Resources for the purchase of evidence for investigation purposes and to conduct investigations as outlined in Section 805-105 of the Department of Natural Resources (Conservation) Law;

under this condition the court may allow a defendant who is not HB3169 ~~Engrossed~~Enrolled - 186 - LRB100 00350 KTG 10354 b self-employed to operate a vehicle owned by the defendant's employer that is not equipped with an ignition interlock device in the course and scope of the defendant's employment;

If the court does not extend supervision, it shall issue a judgment HB3169 ~~Engrossed~~Enrolled - 187 - LRB100 00350 KTG 10354 b for the unpaid restitution and direct the clerk of the circuit court to file and enter the judgment in the judgment and lien docket, without fee, unless it finds that the victim has recovered a judgment against the defendant for the amount covered by the restitution order.

Two years after the discharge and dismissal under this Section, unless the disposition of supervision was for a violation of Sections 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a similar provision of a local ordinance, or for a violation of Sections 12-3.2, 16-25, or 16A-3 of the Criminal Code of 1961 HB3169 ~~Engrossed~~Enrolled - 188 - LRB100 00350 KTG 10354 b or the Criminal Code of 2012, in which case it shall be 5 years after discharge and dismissal, a person may have his record of arrest sealed or expunged as may be provided by law.

The concurrence of the Chief Judge shall be in the HB3169 ~~Engrossed~~Enrolled - 189 - LRB100 00350 KTG 10354 b form of an administrative order.

(i) The court shall impose upon a defendant placed on supervision after January 1, 1992 or to community service under the supervision of a probation or court services department HB3169 ~~Engrossed~~Enrolled - 190 - LRB100 00350 KTG 10354 b after January 1, 2004, as a condition of supervision or supervised community service, a fee of $50 for each month of supervision or supervised community service ordered by the court, unless after determining the inability of the person placed on supervision or supervised community service to pay the fee, the court assesses a lesser fee.

The probation department may re-evaluate an offender's ability to pay every 6 months, and, HB3169 ~~Engrossed~~Enrolled - 191 - LRB100 00350 KTG 10354 b with the approval of the Director of Court Services or the Chief Probation Officer, adjust the monthly fee amount.

The defendant placed on supervision must attend a public HB3169 ~~Engrossed~~Enrolled - 192 - LRB100 00350 KTG 10354 b institution of education to obtain the educational or vocational training required by this subsection (k).

(l) The court shall require a defendant placed on supervision for possession of a substance prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act after a previous conviction or disposition of supervision for possession of a substance prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act or a sentence of probation under Section 10 of the Cannabis Control Act or Section 410 of the Illinois Controlled Substances Act and after a finding by the court that the person is addicted, HB3169 ~~Engrossed~~Enrolled - 193 - LRB100 00350 KTG 10354 b to undergo treatment at a substance abuse program approved by the court.

(o) An offender placed on supervision for a sex offense as defined in the Sex Offender Management Board Act shall refrain from residing at the same address or in the same condominium unit or apartment unit or in the same condominium complex or HB3169 ~~Engrossed~~Enrolled - 194 - LRB100 00350 KTG 10354 b apartment complex with another person he or she knows or reasonably should know is a convicted sex offender or has been placed on supervision for a sex offense.

(q) An offender placed on supervision for an offense committed on or after June 1, 2008 (the effective date of Public Act 95-464) that would qualify the accused as a child sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of 2012 shall, if so HB3169 ~~Engrossed~~Enrolled - 195 - LRB100 00350 KTG 10354 b ordered by the court, refrain from communicating with or contacting, by means of the Internet, a person who is related to the accused and whom the accused reasonably believes to be under 18 years of age.

(ii) submit to periodic unannounced examinations of the offender's computer or any other device with Internet capability by the offender's probation officer, a law enforcement officer, or assigned computer or information HB3169 ~~Engrossed~~Enrolled - 196 - LRB100 00350 KTG 10354 b technology specialist, including the retrieval and copying of all data from the computer or device and any internal or external peripherals and removal of such information, equipment, or device to conduct a more thorough inspection;

(u) Jurisdiction over an offender may be transferred from HB3169 ~~Engrossed~~Enrolled - 197 - LRB100 00350 KTG 10354 b the sentencing court to the court of another circuit with the concurrence of both courts.

(1) the therapist's supervisor, a consulting HB3169 ~~Engrossed~~Enrolled - 198 - LRB100 00350 KTG 10354 b therapist, members of a staff team participating in the provision of services, a record custodian, a business associate, an integrated health system, a member of an interdisciplinary team, or a person acting under the supervision and control of the therapist;

(A) the recipient was either (i) a parent, foster parent, or caretaker who is an alleged perpetrator of abuse or neglect or the subject of a dependency investigation or (ii) a victim of alleged abuse or neglect who was not a youth in care as defined in Section 4d of the Children and Family Services Act non-ward victim of alleged abuse or neglect, and (B) available information demonstrates that the mental health of the recipient was or should have been HB3169 ~~Engrossed~~Enrolled - 199 - LRB100 00350 KTG 10354 b an issue to the safety of the child.

"Related child" means a child subject to adoption where either or both of the adopting parents stands in any of the HB3169 ~~Engrossed~~Enrolled - 200 - LRB100 00350 KTG 10354 b following relationships to the child by blood, marriage, adoption, or civil union:

The HB3169 ~~Engrossed~~Enrolled - 201 - LRB100 00350 KTG 10354 b grounds of unfitness are any one or more of the following, except that a person shall not be considered an unfit person for the sole reason that the person has relinquished a child in accordance with the Abandoned Newborn Infant Protection Act:

(1) Two or more findings of physical abuse have been entered regarding any children under Section 2-21 of the Juvenile Court Act of 1987, the most recent of HB3169 ~~Engrossed~~Enrolled - 202 - LRB100 00350 KTG 10354 b which was determined by the juvenile court hearing the matter to be supported by clear and convincing evidence;

Conviction of any one of the following HB3169 ~~Engrossed~~Enrolled - 203 - LRB100 00350 KTG 10354 b crimes shall create a presumption that a parent is depraved which can be overcome only by clear and convincing evidence:

There is a rebuttable presumption that a parent is depraved if the parent has been criminally convicted of at least 3 felonies under the laws of this State or any other HB3169 ~~Engrossed~~Enrolled - 204 - LRB100 00350 KTG 10354 b state, or under federal law, or the criminal laws of any United States territory;

There is a rebuttable presumption that a parent is unfit under this subsection with respect to any child to which that parent gives birth where there is a confirmed test result that at birth the child's blood, urine, or meconium contained any amount of a controlled substance as defined in subsection (f) of Section 102 of the Illinois HB3169 ~~Engrossed~~Enrolled - 205 - LRB100 00350 KTG 10354 b Controlled Substances Act or metabolites of such substances, the presence of which in the newborn infant was not the result of medical treatment administered to the mother or the newborn infant;

If a service plan has been established as required under Section 8.2 of the Abused and Neglected Child Reporting Act to correct the conditions that were the basis for the removal of the child from the parent and if those services were available, then, for HB3169 ~~Engrossed~~Enrolled - 206 - LRB100 00350 KTG 10354 b purposes of this Act, "failure to make reasonable progress toward the return of the child to the parent" includes the parent's failure to substantially fulfill his or her obligations under the service plan and correct the conditions that brought the child into care during any 9-month period following the adjudication under Section 2-3 or 2-4 of the Juvenile Court Act of 1987.

(i) to visit the child, (ii) to communicate with the child or agency, although able to do so and not prevented from doing so by an agency or by court order, or HB3169 ~~Engrossed~~Enrolled - 207 - LRB100 00350 KTG 10354 b (iii) to maintain contact with or plan for the future of the child, although physically able to do so, or (2) as manifested by the father's failure, where he and the mother of the child were unmarried to each other at the time of the child's birth, (i) to commence legal proceedings to establish his paternity under the Illinois Parentage Act of 1984, the Illinois Parentage Act of 2015, or the law of the jurisdiction of the child's birth within 30 days of being informed, pursuant to Section 12a of this Act, that he is the father or the likely father of the child or, after being so informed where the child is not yet born, within 30 days of the child's birth, or (ii) to make a good faith effort to pay a reasonable amount of the expenses related to the birth of the child and to provide a reasonable amount for the financial support of the child, the court to consider in its determination all relevant circumstances, including the financial condition of both parents;

In the absence of evidence to the contrary, the ability to visit, communicate, maintain HB3169 ~~Engrossed~~Enrolled - 208 - LRB100 00350 KTG 10354 b contact, pay expenses and plan for the future shall be presumed.

(p) Inability to discharge parental responsibilities supported by competent evidence from a psychiatrist, licensed clinical social worker, or clinical psychologist of mental impairment, mental illness or an intellectual disability as defined in Section 1-116 of the Mental Health and Developmental Disabilities Code, or developmental disability as defined in Section 1-106 of that Code, and HB3169 ~~Engrossed~~Enrolled - 209 - LRB100 00350 KTG 10354 b there is sufficient justification to believe that the inability to discharge parental responsibilities shall extend beyond a reasonable time period.

(s) The child is in the temporary custody or guardianship of the Department of Children and Family Services, the parent is incarcerated at the time the petition or motion for termination of parental rights is filed, the parent has been repeatedly incarcerated as a result of criminal convictions, and the parent's repeated incarceration has prevented the parent from discharging HB3169 ~~Engrossed~~Enrolled - 210 - LRB100 00350 KTG 10354 b his or her parental responsibilities for the child.

or (2) HB3169 ~~Engrossed~~Enrolled - 211 - LRB100 00350 KTG 10354 b the person executed a consent to adoption by a specified person or persons pursuant to subsection A-1 of Section 10 of this Act and a court of competent jurisdiction finds that the consent is void;

The singular includes the plural and the plural includes the singular and the "male" includes the "female", as the HB3169 ~~Engrossed~~Enrolled - 212 - LRB100 00350 KTG 10354 b context of this Act may require.

"Abused child" means a child whose parent or immediate HB3169 ~~Engrossed~~Enrolled - 213 - LRB100 00350 KTG 10354 b family member, or any person responsible for the child's welfare, or any individual residing in the same home as the child, or a paramour of the child's parent:

"Neglected child" means any child whose parent or other person responsible for the child's welfare withholds or denies nourishment or medically indicated treatment including food or care denied solely on the basis of the present or anticipated mental or physical impairment as determined by a physician acting alone or in consultation with other physicians or HB3169 ~~Engrossed~~Enrolled - 214 - LRB100 00350 KTG 10354 b otherwise does not provide the proper or necessary support, education as required by law, or medical or other remedial care recognized under State law as necessary for a child's well-being, or other care necessary for his or her well-being, including adequate food, clothing and shelter;

"Putative father" does not mean a man who is the child's father as a result of criminal sexual abuse or assault as defined HB3169 ~~Engrossed~~Enrolled - 215 - LRB100 00350 KTG 10354 b under Article 11 of the Criminal Code of 2012.

or (2) because his paternity of the child has been HB3169 ~~Engrossed~~Enrolled - 216 - LRB100 00350 KTG 10354 b established pursuant to the Illinois Parentage Act, the Illinois Parentage Act of 1984, or the Gestational Surrogacy Act;

or (4) because of her marriage to or civil union with the HB3169 ~~Engrossed~~Enrolled - 217 - LRB100 00350 KTG 10354 b child's other parent at the time of the child's birth or within 300 days prior to the time of birth;

HB3169 ~~Engrossed~~Enrolled - 218 - LRB100 00350 KTG 10354 b DD.

HB3169 ~~Engrossed~~Enrolled - 219 - LRB100 00350 KTG 10354 b As an adoptive parent in the State of Illinois, you have the right:

You should discuss eligibility for a HB3169 ~~Engrossed~~Enrolled - 220 - LRB100 00350 KTG 10354 b subsidy with your attorney before the adoption is finalized, as this option is only available before the entry of a Judgment Order for Adoption.

HB3169 ~~Engrossed~~Enrolled - 221 - LRB100 00350 KTG 10354 b 3.

The birth parent shall be informed in writing that if contact or exchange of identifying information with the adult adopted or surrendered person is to occur, that adult adopted HB3169 ~~Engrossed~~Enrolled - 222 - LRB100 00350 KTG 10354 b or surrendered person must be 21 years of age or over except as referenced in paragraph (d) of this Section.

HB3169 ~~Engrossed~~Enrolled - 223 - LRB100 00350 KTG 10354 b (d) On and after January 1, 2000, any licensed child welfare agency which provides post-adoption search assistance to adoptive parents, adopted persons, surrendered persons, birth parents, or other birth relatives shall require that any person requesting post-adoption search assistance complete an Illinois Adoption Registry Application prior to the commencement of the search.

Access to post-placement and post-adoption support services to provide support and resources for youth in care as defined in Section 4d of the Children and Family Services Act HB3169 ~~Engrossed~~Enrolled - 224 - LRB100 00350 KTG 10354 b wards of the State, foster families, and adoptive families is essential to promote permanency.

(d) Every licensed child welfare agency, every entity approved under Section 4.1 of this Act, and any entity providing adoption support services in the Illinois courts shall provide the Department's website address and link to the Department's post-placement and post-adoption services HB3169 ~~Engrossed~~Enrolled - 225 - LRB100 00350 KTG 10354 b information set forth in subsection (c) of this Section, including the Department's toll-free number, to every adoptive parent with whom they work in Illinois.

HB3169 ~~Engrossed~~Enrolled - 226 - LRB100 00350 KTG 10354 b (A) the type of placement or adoption, including whether the child who was the subject of the placement was a youth in care as defined in Section 4d of the Children and Family Services Act ward of the Department, and if the child was not a youth in care ward, whether the adoption was a private, agency, agency-assisted, interstate, or intercountry adoption;

HB3169 ~~Engrossed~~Enrolled - 227 - LRB100 00350 KTG 10354 b (Source:

HB3169 ~~Engrossed~~Enrolled - 228 - LRB100 00350 KTG 10354 b INDEX Statutes amended in order of appearance 5 ILCS 179/10 5 ILCS 350/1 from Ch.

6551 HB3169 ~~Engrossed~~Enrolled - 229 - LRB100 00350 KTG 10354 b 325 ILCS 58/10 405 ILCS 5/3-503 from Ch.

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HB3169 ~~Engrossed~~ LRB100 00350 KTG 10354 b AN ACT concerning children.

HB3169 Enrolled LRB100 00350 KTG 10354 b AN ACT concerning children.

Notwithstanding any provision in HB3169 ~~Engrossed~~ - 2 - LRB100 00350 KTG 10354 b this Section to the contrary, social security numbers may be included in applications and forms sent by mail, including, but not limited to, any material mailed in connection with the administration of the Unemployment Insurance Act, any material mailed in connection with any tax administered by the Department of Revenue, and documents sent as part of an application or enrollment process or to establish, amend, or terminate an account, contract, or policy or to confirm the accuracy of the social security number.

Notwithstanding any provision in HB3169 Enrolled - 2 - LRB100 00350 KTG 10354 b this Section to the contrary, social security numbers may be included in applications and forms sent by mail, including, but not limited to, any material mailed in connection with the administration of the Unemployment Insurance Act, any material mailed in connection with any tax administered by the Department of Revenue, and documents sent as part of an application or enrollment process or to establish, amend, or terminate an account, contract, or policy or to confirm the accuracy of the social security number.

and (iii) the social security number collected is relevant to the HB3169 ~~Engrossed~~ - 3 - LRB100 00350 KTG 10354 b documented need and purpose.

and (iii) the social security number collected is relevant to the HB3169 Enrolled - 3 - LRB100 00350 KTG 10354 b documented need and purpose.

persons committed to HB3169 ~~Engrossed~~ - 4 - LRB100 00350 KTG 10354 b correctional facilities, local jails, and other law-enforcement facilities or retention centers;

persons committed to HB3169 Enrolled - 4 - LRB100 00350 KTG 10354 b correctional facilities, local jails, and other law-enforcement facilities or retention centers;

(d) If any State or local government agency has adopted standards for the collection, use, or disclosure of social security numbers that are stricter than the standards under this Act with respect to the protection of those social HB3169 ~~Engrossed~~ - 5 - LRB100 00350 KTG 10354 b security numbers, then, in the event of any conflict with the provisions of this Act, the stricter standards adopted by the State or local government agency shall control.

(d) If any State or local government agency has adopted standards for the collection, use, or disclosure of social security numbers that are stricter than the standards under this Act with respect to the protection of those social HB3169 Enrolled - 5 - LRB100 00350 KTG 10354 b security numbers, then, in the event of any conflict with the provisions of this Act, the stricter standards adopted by the State or local government agency shall control.

any present or former HB3169 ~~Engrossed~~ - 6 - LRB100 00350 KTG 10354 b Executive, Legislative, or Auditor General's Inspector General;

any present or former HB3169 Enrolled - 6 - LRB100 00350 KTG 10354 b Executive, Legislative, or Auditor General's Inspector General;

individual representatives of or organizations designated by the Department on Aging in the performance of their duties as adult protective services agencies or regional administrative agencies under the Adult HB3169 ~~Engrossed~~ - 7 - LRB100 00350 KTG 10354 b Protective Services Act;

individual representatives of or organizations designated by the Department on Aging in the performance of their duties as adult protective services agencies or regional administrative agencies under the Adult HB3169 Enrolled - 7 - LRB100 00350 KTG 10354 b Protective Services Act;

An individual who renders HB3169 ~~Engrossed~~ - 8 - LRB100 00350 KTG 10354 b professional advice and consultation to the State through an organization which qualifies as an "employee" under the Act is also an employee.

An individual who renders HB3169 Enrolled - 8 - LRB100 00350 KTG 10354 b professional advice and consultation to the State through an organization which qualifies as an "employee" under the Act is also an employee.

HB3169 ~~Engrossed~~ - 9 - LRB100 00350 KTG 10354 b (2) reviewing monitoring standards to address the quality of life for youth in Department of Children and Family Services' licensed child care facilities;

HB3169 Enrolled - 9 - LRB100 00350 KTG 10354 b (2) reviewing monitoring standards to address the quality of life for youth in Department of Children and Family Services' licensed child care facilities;

and (7) preparing and providing recommendations that HB3169 ~~Engrossed~~ - 10 - LRB100 00350 KTG 10354 b identify areas of needed improvement regarding the investigation of allegations of abuse and neglect to children in Department of Children and Family Services' licensed child care facilities and institutions and transitional living programs, as well as needed changes to existing laws, rules, and procedures of the Department of Children and Family Services, and overseeing implementation of its recommendations.

and (7) preparing and providing recommendations that HB3169 Enrolled - 10 - LRB100 00350 KTG 10354 b identify areas of needed improvement regarding the investigation of allegations of abuse and neglect to children in Department of Children and Family Services' licensed child care facilities and institutions and transitional living programs, as well as needed changes to existing laws, rules, and procedures of the Department of Children and Family Services, and overseeing implementation of its recommendations.

In appointing the first Council, 8 members shall be named HB3169 ~~Engrossed~~ - 11 - LRB100 00350 KTG 10354 b to serve 2 years, and 8 members named to serve 4 years.

In appointing the first Council, 8 members shall be named HB3169 Enrolled - 11 - LRB100 00350 KTG 10354 b to serve 2 years, and 8 members named to serve 4 years.

HB3169 ~~Engrossed~~ - 12 - LRB100 00350 KTG 10354 b (20 ILCS 505/5) (from Ch.

HB3169 Enrolled - 12 - LRB100 00350 KTG 10354 b (20 ILCS 505/5) (from Ch.

(3) "Child welfare services" means public social HB3169 ~~Engrossed~~ - 13 - LRB100 00350 KTG 10354 b services which are directed toward the accomplishment of the following purposes:

(3) "Child welfare services" means public social HB3169 Enrolled - 13 - LRB100 00350 KTG 10354 b services which are directed toward the accomplishment of the following purposes:

At HB3169 ~~Engrossed~~ - 14 - LRB100 00350 KTG 10354 b the time of placement, the Department shall consider concurrent planning, as described in subsection (l-1) of this Section so that permanency may occur at the earliest opportunity.

At HB3169 Enrolled - 14 - LRB100 00350 KTG 10354 b the time of placement, the Department shall consider concurrent planning, as described in subsection (l-1) of this Section so that permanency may occur at the earliest opportunity.

(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 HB3169 ~~Engrossed~~ - 15 - LRB100 00350 KTG 10354 b years of age and older and for children under 18 years of age.

(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 HB3169 Enrolled - 15 - LRB100 00350 KTG 10354 b years of age and older and for children under 18 years of age.

payments to local public agencies for child day care services as authorized by Section 5a of this HB3169 ~~Engrossed~~ - 16 - LRB100 00350 KTG 10354 b Act;

payments to local public agencies for child day care services as authorized by Section 5a of this HB3169 Enrolled - 16 - LRB100 00350 KTG 10354 b Act;

Rules and regulations established by the Department shall include provisions for training Department staff and the staff of Department grantees, through contracts with other agencies or resources, in alcohol and drug abuse screening techniques approved by the Department of Human Services, as a successor to HB3169 ~~Engrossed~~ - 17 - LRB100 00350 KTG 10354 b the Department of Alcoholism and Substance Abuse, for the purpose of identifying children and adults who should be referred to an alcohol and drug abuse treatment program for professional evaluation.

Rules and regulations established by the Department shall include provisions for training Department staff and the staff of Department grantees, through contracts with other agencies or resources, in alcohol and drug abuse screening techniques approved by the Department of Human Services, as a successor to HB3169 Enrolled - 17 - LRB100 00350 KTG 10354 b the Department of Alcoholism and Substance Abuse, for the purpose of identifying children and adults who should be referred to an alcohol and drug abuse treatment program for professional evaluation.

HB3169 ~~Engrossed~~ - 18 - LRB100 00350 KTG 10354 b (3) respite care;

HB3169 Enrolled - 18 - LRB100 00350 KTG 10354 b (3) respite care;

The Department may also provide categories of financial assistance and education assistance grants, and shall establish rules and regulations for the assistance and grants, to persons appointed guardian of HB3169 ~~Engrossed~~ - 19 - LRB100 00350 KTG 10354 b the person under Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile Court Act of 1987 for children who were youth in care wards of the Department for 12 months immediately prior to the appointment of the guardian.

The Department may also provide categories of financial assistance and education assistance grants, and shall establish rules and regulations for the assistance and grants, to persons appointed guardian of HB3169 Enrolled - 19 - LRB100 00350 KTG 10354 b the person under Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile Court Act of 1987 for children who were youth in care wards of the Department for 12 months immediately prior to the appointment of the guardian.

(l) The Department shall offer family preservation services, as defined in Section 8.2 of the Abused and Neglected HB3169 ~~Engrossed~~ - 20 - LRB100 00350 KTG 10354 b Child Reporting Act, to help families, including adoptive and extended families.

(l) The Department shall offer family preservation services, as defined in Section 8.2 of the Abused and Neglected HB3169 Enrolled - 20 - LRB100 00350 KTG 10354 b Child Reporting Act, to help families, including adoptive and extended families.

The HB3169 ~~Engrossed~~ - 21 - LRB100 00350 KTG 10354 b child and his family shall be eligible for services as soon as the report is determined to be "indicated".

The HB3169 Enrolled - 21 - LRB100 00350 KTG 10354 b child and his family shall be eligible for services as soon as the report is determined to be "indicated".

The Department may, at its discretion except for those children also adjudicated neglected or dependent, accept for care and training any child who has been adjudicated addicted, as a truant minor in need of supervision or as a minor requiring authoritative intervention, under the Juvenile Court HB3169 ~~Engrossed~~ - 22 - LRB100 00350 KTG 10354 b Act or the Juvenile Court Act of 1987, but no such child shall be committed to the Department by any court without the approval of the Department.

The Department may, at its discretion except for those children also adjudicated neglected or dependent, accept for care and training any child who has been adjudicated addicted, as a truant minor in need of supervision or as a minor requiring authoritative intervention, under the Juvenile Court HB3169 Enrolled - 22 - LRB100 00350 KTG 10354 b Act or the Juvenile Court Act of 1987, but no such child shall be committed to the Department by any court without the approval of the Department.

An independent basis exists HB3169 ~~Engrossed~~ - 23 - LRB100 00350 KTG 10354 b when the allegations or adjudication of abuse, neglect, or dependency do not arise from the same facts, incident, or circumstances which give rise to a charge or adjudication of delinquency.

An independent basis exists HB3169 Enrolled - 23 - LRB100 00350 KTG 10354 b when the allegations or adjudication of abuse, neglect, or dependency do not arise from the same facts, incident, or circumstances which give rise to a charge or adjudication of delinquency.

The nature and scope of the services offered and the number of families served under the special program implemented under this paragraph shall be determined by the level of funding that the Department annually HB3169 ~~Engrossed~~ - 24 - LRB100 00350 KTG 10354 b allocates for this purpose.

The nature and scope of the services offered and the number of families served under the special program implemented under this paragraph shall be determined by the level of funding that the Department annually HB3169 Enrolled - 24 - LRB100 00350 KTG 10354 b allocates for this purpose.

When a child is placed in foster care, the Department shall ensure and document that reasonable efforts were made to prevent or eliminate the need to remove the child from the HB3169 Enrolled - 25 - LRB100 00350 KTG 10354 b child's home.

HB3169 ~~Engrossed~~ - 26 - LRB100 00350 KTG 10354 b (6) the willingness and ability of the foster family to provide an adoptive home or long-term placement;

HB3169 Enrolled - 26 - LRB100 00350 KTG 10354 b (6) the willingness and ability of the foster family to provide an adoptive home or long-term placement;

After a caretaker has remained in the HB3169 ~~Engrossed~~ - 27 - LRB100 00350 KTG 10354 b home for a period not to exceed 12 hours, the Department must follow those procedures outlined in Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile Court Act of 1987.

After a caretaker has remained in the HB3169 Enrolled - 27 - LRB100 00350 KTG 10354 b home for a period not to exceed 12 hours, the Department must follow those procedures outlined in Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile Court Act of 1987.

The Department may retain temporary custody of the child for 10 days after the HB3169 ~~Engrossed~~ - 28 - LRB100 00350 KTG 10354 b receipt of the request, during which period the Department may cause to be filed a petition pursuant to the Juvenile Court Act of 1987.

The Department may retain temporary custody of the child for 10 days after the HB3169 Enrolled - 28 - LRB100 00350 KTG 10354 b receipt of the request, during which period the Department may cause to be filed a petition pursuant to the Juvenile Court Act of 1987.

(n) The Department may place children under 18 years of age in licensed child care facilities when in the opinion of the HB3169 ~~Engrossed~~ - 29 - LRB100 00350 KTG 10354 b Department, appropriate services aimed at family preservation have been unsuccessful and cannot ensure the child's health and safety or are unavailable and such placement would be for their best interest.

(n) The Department may place children under 18 years of age in licensed child care facilities when in the opinion of the HB3169 Enrolled - 29 - LRB100 00350 KTG 10354 b Department, appropriate services aimed at family preservation have been unsuccessful and cannot ensure the child's health and safety or are unavailable and such placement would be for their best interest.

(n-1) The Department shall provide or authorize child welfare services, aimed at assisting minors to achieve sustainable self-sufficiency as independent adults, for any minor eligible for the reinstatement of wardship pursuant to HB3169 ~~Engrossed~~ - 30 - LRB100 00350 KTG 10354 b subsection (2) of Section 2-33 of the Juvenile Court Act of 1987, whether or not such reinstatement is sought or allowed, provided that the minor consents to such services and has not yet attained the age of 21.

(n-1) The Department shall provide or authorize child welfare services, aimed at assisting minors to achieve sustainable self-sufficiency as independent adults, for any minor eligible for the reinstatement of wardship pursuant to HB3169 Enrolled - 30 - LRB100 00350 KTG 10354 b subsection (2) of Section 2-33 of the Juvenile Court Act of 1987, whether or not such reinstatement is sought or allowed, provided that the minor consents to such services and has not yet attained the age of 21.

HB3169 ~~Engrossed~~ - 31 - LRB100 00350 KTG 10354 b (o) The Department shall establish an administrative review and appeal process for children and families who request or receive child welfare services from the Department.

HB3169 Enrolled - 31 - LRB100 00350 KTG 10354 b (o) The Department shall establish an administrative review and appeal process for children and families who request or receive child welfare services from the Department.

(p) There is hereby created the Department of Children and HB3169 ~~Engrossed~~ - 32 - LRB100 00350 KTG 10354 b Family Services Emergency Assistance Fund from which the Department may provide special financial assistance to families which are in economic crisis when such assistance is not available through other public or private sources and the assistance is deemed necessary to prevent dissolution of the family unit or to reunite families which have been separated due to child abuse and neglect.

(p) There is hereby created the Department of Children and HB3169 Enrolled - 32 - LRB100 00350 KTG 10354 b Family Services Emergency Assistance Fund from which the Department may provide special financial assistance to families which are in economic crisis when such assistance is not available through other public or private sources and the assistance is deemed necessary to prevent dissolution of the family unit or to reunite families which have been separated due to child abuse and neglect.

The Department shall set up and administer no-cost, interest-bearing accounts in appropriate financial institutions for children for whom the Department is legally responsible and who have been determined eligible for Veterans' HB3169 ~~Engrossed~~ - 33 - LRB100 00350 KTG 10354 b Benefits, Social Security benefits, assistance allotments from the armed forces, court ordered payments, parental voluntary payments, Supplemental Security Income, Railroad Retirement payments, Black Lung benefits, or other miscellaneous payments.

The Department shall set up and administer no-cost, interest-bearing accounts in appropriate financial institutions for children for whom the Department is legally responsible and who have been determined eligible for Veterans' HB3169 Enrolled - 33 - LRB100 00350 KTG 10354 b Benefits, Social Security benefits, assistance allotments from the armed forces, court ordered payments, parental voluntary payments, Supplemental Security Income, Railroad Retirement payments, Black Lung benefits, or other miscellaneous payments.

HB3169 ~~Engrossed~~ - 34 - LRB100 00350 KTG 10354 b (3) Maintain any balance remaining after reimbursing for the child's costs of care, as specified in item (2).

HB3169 Enrolled - 34 - LRB100 00350 KTG 10354 b (3) Maintain any balance remaining after reimbursing for the child's costs of care, as specified in item (2).

(s) The Department of Children and Family Services may establish and implement a program to reimburse Department and private child welfare agency foster parents licensed by the Department of Children and Family Services for damages sustained by the foster parents as a result of the malicious or HB3169 ~~Engrossed~~ - 35 - LRB100 00350 KTG 10354 b negligent acts of foster children, as well as providing third party coverage for such foster parents with regard to actions of foster children to other individuals.

(s) The Department of Children and Family Services may establish and implement a program to reimburse Department and private child welfare agency foster parents licensed by the Department of Children and Family Services for damages sustained by the foster parents as a result of the malicious or HB3169 Enrolled - 35 - LRB100 00350 KTG 10354 b negligent acts of foster children, as well as providing third party coverage for such foster parents with regard to actions of foster children to other individuals.

(u) In addition to other information that must be provided, HB3169 ~~Engrossed~~ - 36 - LRB100 00350 KTG 10354 b whenever the Department places a child with a prospective adoptive parent or parents or in a licensed foster home, group home, child care institution, or in a relative home, the Department shall provide to the prospective adoptive parent or parents or other caretaker:

(u) In addition to other information that must be provided, HB3169 Enrolled - 36 - LRB100 00350 KTG 10354 b whenever the Department places a child with a prospective adoptive parent or parents or in a licensed foster home, group home, child care institution, or in a relative home, the Department shall provide to the prospective adoptive parent or parents or other caretaker:

The Department may prepare a written summary of the information required by this paragraph, which may be provided to the foster or prospective adoptive parent in HB3169 ~~Engrossed~~ - 37 - LRB100 00350 KTG 10354 b advance of a placement.

The Department may prepare a written summary of the information required by this paragraph, which may be provided to the foster or prospective adoptive parent in HB3169 Enrolled - 37 - LRB100 00350 KTG 10354 b advance of a placement.

Relative caregivers who, as of July 1, 1995, HB3169 ~~Engrossed~~ - 38 - LRB100 00350 KTG 10354 b were approved pursuant to approved relative placement rules previously promulgated by the Department at 89 Ill.

Relative caregivers who, as of July 1, 1995, HB3169 Enrolled - 38 - LRB100 00350 KTG 10354 b were approved pursuant to approved relative placement rules previously promulgated by the Department at 89 Ill.

The Department of Children and Family Services and its employees HB3169 ~~Engrossed~~ - 39 - LRB100 00350 KTG 10354 b shall abide by rules and regulations established by the Department of State Police relating to the access and dissemination of this information.

The Department of Children and Family Services and its employees HB3169 Enrolled - 39 - LRB100 00350 KTG 10354 b shall abide by rules and regulations established by the Department of State Police relating to the access and dissemination of this information.

(w) Within 120 days of August 20, 1995 (the effective date of Public Act 89-392), the Department shall prepare and submit to the Governor and the General Assembly, a written plan for HB3169 ~~Engrossed~~ - 40 - LRB100 00350 KTG 10354 b the development of in-state licensed secure child care facilities that care for children who are in need of secure living arrangements for their health, safety, and well-being.

(w) Within 120 days of August 20, 1995 (the effective date of Public Act 89-392), the Department shall prepare and submit to the Governor and the General Assembly, a written plan for HB3169 Enrolled - 40 - LRB100 00350 KTG 10354 b the development of in-state licensed secure child care facilities that care for children who are in need of secure living arrangements for their health, safety, and well-being.

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The Department shall determine if financial exploitation of the child's HB3169 ~~Engrossed~~ - 41 - LRB100 00350 KTG 10354 b personal information has occurred.

The Department shall determine if financial exploitation of the child's HB3169 Enrolled - 41 - LRB100 00350 KTG 10354 b personal information has occurred.

The Department of State Police shall charge a fee HB3169 ~~Engrossed~~ - 42 - LRB100 00350 KTG 10354 b for conducting the criminal history record check, which shall be deposited into the State Police Services Fund and shall not exceed the actual cost of the record check.

The Department of State Police shall charge a fee HB3169 Enrolled - 42 - LRB100 00350 KTG 10354 b for conducting the criminal history record check, which shall be deposited into the State Police Services Fund and shall not exceed the actual cost of the record check.

"Department employee" means a full-time or temporary HB3169 ~~Engrossed~~ - 43 - LRB100 00350 KTG 10354 b employee coded or certified within the State of Illinois Personnel System.

"Department employee" means a full-time or temporary HB3169 Enrolled - 43 - LRB100 00350 KTG 10354 b employee coded or certified within the State of Illinois Personnel System.

HB3169 ~~Engrossed~~ - 44 - LRB100 00350 KTG 10354 b Child Care Service, including day care;

HB3169 Enrolled - 44 - LRB100 00350 KTG 10354 b Child Care Service, including day care;

HB3169 ~~Engrossed~~ - 45 - LRB100 00350 KTG 10354 b Supervision and Consultation;

HB3169 Enrolled - 45 - LRB100 00350 KTG 10354 b Supervision and Consultation;

(a) with respect to any day care centers, it shall be limited to those agencies which receive reimbursement from HB3169 ~~Engrossed~~ - 46 - LRB100 00350 KTG 10354 b the State;

(a) with respect to any day care centers, it shall be limited to those agencies which receive reimbursement from HB3169 Enrolled - 46 - LRB100 00350 KTG 10354 b the State;

Neither the Department of Children and Family Services nor the Department of Human Services shall pay or approve reimbursement for day care in a facility which is operating HB3169 ~~Engrossed~~ - 47 - LRB100 00350 KTG 10354 b without a valid license or permit, except in the case of day care homes or day care centers which are exempt from the licensing requirements of the "Child Care Act of 1969".

Neither the Department of Children and Family Services nor the Department of Human Services shall pay or approve reimbursement for day care in a facility which is operating HB3169 Enrolled - 47 - LRB100 00350 KTG 10354 b without a valid license or permit, except in the case of day care homes or day care centers which are exempt from the licensing requirements of the "Child Care Act of 1969".

1-1-96.) HB3169 ~~Engrossed~~ - 48 - LRB100 00350 KTG 10354 b (20 ILCS 505/7.5) Sec.

1-1-96.) HB3169 Enrolled - 48 - LRB100 00350 KTG 10354 b (20 ILCS 505/7.5) Sec.

10-1-06.) HB3169 ~~Engrossed~~ - 49 - LRB100 00350 KTG 10354 b (20 ILCS 505/34.11) Sec.

10-1-06.) HB3169 Enrolled - 49 - LRB100 00350 KTG 10354 b (20 ILCS 505/34.11) Sec.

HB3169 ~~Engrossed~~ - 50 - LRB100 00350 KTG 10354 b (5) Grandparents and other relatives providing primary care for children lack appropriate information about the issues of kinship care, the special needs (both physical and psychological) of children born to a substance-abusing mother or at risk of child abuse, neglect, or abandonment, and the support resources currently available to them.

HB3169 Enrolled - 50 - LRB100 00350 KTG 10354 b (5) Grandparents and other relatives providing primary care for children lack appropriate information about the issues of kinship care, the special needs (both physical and psychological) of children born to a substance-abusing mother or at risk of child abuse, neglect, or abandonment, and the support resources currently available to them.

As a part of the program, the Department may develop, publish, and distribute an HB3169 ~~Engrossed~~ - 51 - LRB100 00350 KTG 10354 b informational brochure for grandparents and other relatives who provide primary care for children who are at risk of child abuse, neglect, or abandonment or who were born to substance-abusing mothers.

As a part of the program, the Department may develop, publish, and distribute an HB3169 Enrolled - 51 - LRB100 00350 KTG 10354 b informational brochure for grandparents and other relatives who provide primary care for children who are at risk of child abuse, neglect, or abandonment or who were born to substance-abusing mothers.

The brochure may be distributed through hospitals, public health nurses, child protective services, medical professional offices, elementary and secondary schools, senior citizen centers, public libraries, community action agencies selected HB3169 ~~Engrossed~~ - 52 - LRB100 00350 KTG 10354 b by the Department, and the Department of Human Services.

The brochure may be distributed through hospitals, public health nurses, child protective services, medical professional offices, elementary and secondary schools, senior citizen centers, public libraries, community action agencies selected HB3169 Enrolled - 52 - LRB100 00350 KTG 10354 b by the Department, and the Department of Human Services.

(3) Provide training for Department and private agency HB3169 ~~Engrossed~~ - 53 - LRB100 00350 KTG 10354 b staff on methods of assisting caregivers before and after adoption and guardianship, and the families of older and ill caregivers, who wish to make future care and custody plans for children who have been youth in care wards of the Department and who are or will be adopted by or are or will be placed in the guardianship of those caregivers become wards of those caregivers.

(3) Provide training for Department and private agency HB3169 Enrolled - 53 - LRB100 00350 KTG 10354 b staff on methods of assisting caregivers before and after adoption and guardianship, and the families of older and ill caregivers, who wish to make future care and custody plans for children who have been youth in care wards of the Department and who are or will be adopted by or are or will be placed in the guardianship of those caregivers become wards of those caregivers.

(i) Provide contracted social work services to HB3169 ~~Engrossed~~ - 54 - LRB100 00350 KTG 10354 b older and ill caregivers, and the families of deceased caregivers, including those who will or have adopted or will take or have taken guardianship of children previously in Department custody.

(i) Provide contracted social work services to HB3169 Enrolled - 54 - LRB100 00350 KTG 10354 b older and ill caregivers, and the families of deceased caregivers, including those who will or have adopted or will take or have taken guardianship of children previously in Department custody.

standby guardianship, successor guardianship, standby adoption, and HB3169 ~~Engrossed~~ - 55 - LRB100 00350 KTG 10354 b successor adoption.

standby guardianship, successor guardianship, standby adoption, and HB3169 Enrolled - 55 - LRB100 00350 KTG 10354 b successor adoption.

(9) Ensure that future caregivers designated by adoptive parents and guardians, and the families of deceased caregivers, understand the problems experienced by older and ill caregivers of children, including children with special needs, such as financial stress due to limited income and increased financial responsibility, emotional difficulties associated with the loss of a child's parent or the child's unique behaviors, the special needs of a child who may come into their custody or whose parent or HB3169 ~~Engrossed~~ - 56 - LRB100 00350 KTG 10354 b guardian is already deceased, and decreased physical stamina and a higher rate of chronic illness and other health concerns.

(9) Ensure that future caregivers designated by adoptive parents and guardians, and the families of deceased caregivers, understand the problems experienced by older and ill caregivers of children, including children with special needs, such as financial stress due to limited income and increased financial responsibility, emotional difficulties associated with the loss of a child's parent or the child's unique behaviors, the special needs of a child who may come into their custody or whose parent or HB3169 Enrolled - 56 - LRB100 00350 KTG 10354 b guardian is already deceased, and decreased physical stamina and a higher rate of chronic illness and other health concerns.

The case and clinical records of patients in Department supervised facilities, youth in care wards of the Department, children receiving or applying for child welfare services, persons receiving or applying for other services of the Department, and Department reports of injury or abuse to HB3169 ~~Engrossed~~ - 57 - LRB100 00350 KTG 10354 b children shall not be open to the general public.

The case and clinical records of patients in Department supervised facilities, youth in care wards of the Department, children receiving or applying for child welfare services, persons receiving or applying for other services of the Department, and Department reports of injury or abuse to HB3169 Enrolled - 57 - LRB100 00350 KTG 10354 b children shall not be open to the general public.

(xi) the Illinois General Assembly or any committee HB3169 ~~Engrossed~~ - 58 - LRB100 00350 KTG 10354 b or commission thereof.

(xi) the Illinois General Assembly or any committee HB3169 Enrolled - 58 - LRB100 00350 KTG 10354 b or commission thereof.

Nothing contained in this Act prevents the sharing or disclosure of information or records relating or pertaining to HB3169 ~~Engrossed~~ - 59 - LRB100 00350 KTG 10354 b the death of a minor under the care of or receiving services from the Department and under the jurisdiction of the juvenile court with the juvenile court, the State's Attorney, and the minor's attorney.

Nothing contained in this Act prevents the sharing or disclosure of information or records relating or pertaining to HB3169 Enrolled - 59 - LRB100 00350 KTG 10354 b the death of a minor under the care of or receiving services from the Department and under the jurisdiction of the juvenile court with the juvenile court, the State's Attorney, and the minor's attorney.

1-1-17.) (20 ILCS 505/39.3) HB3169 ~~Engrossed~~ - 60 - LRB100 00350 KTG 10354 b Sec.

1-1-17.) (20 ILCS 505/39.3) HB3169 Enrolled - 60 - LRB100 00350 KTG 10354 b Sec.

HB3169 ~~Engrossed~~ - 61 - LRB100 00350 KTG 10354 b (5) Any other child whose death is reported to the State central register as a result of alleged child abuse or neglect which report is subsequently indicated.

HB3169 Enrolled - 61 - LRB100 00350 KTG 10354 b (5) Any other child whose death is reported to the State central register as a result of alleged child abuse or neglect which report is subsequently indicated.

(c) A child death review team shall review a child death as soon as practical and not later than 90 days following the HB3169 ~~Engrossed~~ - 62 - LRB100 00350 KTG 10354 b completion by the Department of the investigation of the death under the Abused and Neglected Child Reporting Act.

(c) A child death review team shall review a child death as soon as practical and not later than 90 days following the HB3169 Enrolled - 62 - LRB100 00350 KTG 10354 b completion by the Department of the investigation of the death under the Abused and Neglected Child Reporting Act.

The Director shall submit this report to the chairperson of the team that made the recommendation and to the HB3169 ~~Engrossed~~ - 63 - LRB100 00350 KTG 10354 b chairperson of the Executive Council.

The Director shall submit this report to the chairperson of the team that made the recommendation and to the HB3169 Enrolled - 63 - LRB100 00350 KTG 10354 b chairperson of the Executive Council.

(b) Standards and procedures for issuing written warnings HB3169 ~~Engrossed~~ - 64 - LRB100 00350 KTG 10354 b to physicians, residential treatment facilities, and psychiatric hospitals when they have violated any rule enacted or maintained pursuant to Section 5 of this Act.

(b) Standards and procedures for issuing written warnings HB3169 Enrolled - 64 - LRB100 00350 KTG 10354 b to physicians, residential treatment facilities, and psychiatric hospitals when they have violated any rule enacted or maintained pursuant to Section 5 of this Act.

(e) Standards and procedures for notifying the guardian ad litem appointed pursuant to Section 2-17 of the Juvenile Court Act of 1987, of a youth in care as defined in Section 4d of the HB3169 ~~Engrossed~~ - 65 - LRB100 00350 KTG 10354 b Children and Family Services Act ward who has been administered psychotropic medication in violation of any rule enacted or maintained pursuant to Section 5 of this Act, where the guardian ad litem has requested notification and provides the Department with documentation verifying that pursuant to the Mental Health and Developmental Disabilities Confidentiality Act, the court has entered an order granting the guardian ad litem authority to receive and review this information.

(e) Standards and procedures for notifying the guardian ad litem appointed pursuant to Section 2-17 of the Juvenile Court Act of 1987, of a youth in care as defined in Section 4d of the HB3169 Enrolled - 65 - LRB100 00350 KTG 10354 b Children and Family Services Act ward who has been administered psychotropic medication in violation of any rule enacted or maintained pursuant to Section 5 of this Act, where the guardian ad litem has requested notification and provides the Department with documentation verifying that pursuant to the Mental Health and Developmental Disabilities Confidentiality Act, the court has entered an order granting the guardian ad litem authority to receive and review this information.

The purpose of this Section is to mandate that joint planning occur between the Department of Children and Family Services and the Department of Human Services to ensure that the 2 agencies coordinate their activities and effectively work together to HB3169 ~~Engrossed~~ - 66 - LRB100 00350 KTG 10354 b provide youth in care as defined in Section 4d of the Children and Family Services Act who have wards with developmental disabilities for whom the Department of Children and Family Services is legally responsible a smooth transition to adult living upon reaching the age of 21.

The purpose of this Section is to mandate that joint planning occur between the Department of Children and Family Services and the Department of Human Services to ensure that the 2 agencies coordinate their activities and effectively work together to HB3169 Enrolled - 66 - LRB100 00350 KTG 10354 b provide youth in care as defined in Section 4d of the Children and Family Services Act who have wards with developmental disabilities for whom the Department of Children and Family Services is legally responsible a smooth transition to adult living upon reaching the age of 21.

HB3169 ~~Engrossed~~ - 67 - LRB100 00350 KTG 10354 b (Source:

HB3169 Enrolled - 67 - LRB100 00350 KTG 10354 b (Source:

Every coroner, whenever, as soon as he knows or is informed that the dead body of any person is found, or lying within his county, whose death is HB3169 ~~Engrossed~~ - 68 - LRB100 00350 KTG 10354 b suspected of being:

Every coroner, whenever, as soon as he knows or is informed that the dead body of any person is found, or lying within his county, whose death is HB3169 Enrolled - 68 - LRB100 00350 KTG 10354 b suspected of being:

Coroners in their discretion shall notify such physician as is designated in accordance with Section 3-3014 to attempt to ascertain the cause of death, either by autopsy or HB3169 Enrolled - 69 - LRB100 00350 KTG 10354 b otherwise.

In all other cases coming within the jurisdiction of the coroner and referred to in subparagraphs (a) through (e) above, HB3169 ~~Engrossed~~ - 70 - LRB100 00350 KTG 10354 b blood, and whenever possible, urine samples shall be analyzed for the presence of alcohol and other drugs.

In all other cases coming within the jurisdiction of the coroner and referred to in subparagraphs (a) through (e) above, HB3169 Enrolled - 70 - LRB100 00350 KTG 10354 b blood, and whenever possible, urine samples shall be analyzed for the presence of alcohol and other drugs.

As soon as possible, but no later than 30 days after the receipt from the coroner or medical examiner, the police agency shall submit the HB3169 ~~Engrossed~~ - 71 - LRB100 00350 KTG 10354 b specimens using the agency case number to a National DNA Index System (NDIS) participating laboratory within this State, such as the Illinois Department of State Police, Division of Forensic Services, for analysis and categorizing into genetic marker groupings.

As soon as possible, but no later than 30 days after the receipt from the coroner or medical examiner, the police agency shall submit the HB3169 Enrolled - 71 - LRB100 00350 KTG 10354 b specimens using the agency case number to a National DNA Index System (NDIS) participating laboratory within this State, such as the Illinois Department of State Police, Division of Forensic Services, for analysis and categorizing into genetic marker groupings.

HB3169 ~~Engrossed~~ - 72 - LRB100 00350 KTG 10354 b Inquests may be continued from time to time, as the coroner may deem necessary.

HB3169 Enrolled - 72 - LRB100 00350 KTG 10354 b Inquests may be continued from time to time, as the coroner may deem necessary.

A juror serving pursuant to this paragraph in such county shall HB3169 ~~Engrossed~~ - 73 - LRB100 00350 KTG 10354 b receive compensation from the county at the same rate as the rate of compensation that is paid to petit or grand jurors in the county.

A juror serving pursuant to this paragraph in such county shall HB3169 Enrolled - 73 - LRB100 00350 KTG 10354 b receive compensation from the county at the same rate as the rate of compensation that is paid to petit or grand jurors in the county.

In addition, in every case in which domestic violence is determined to be a contributing factor in a death, the coroner HB3169 ~~Engrossed~~ - 74 - LRB100 00350 KTG 10354 b shall report the death to the Department of State Police.

In addition, in every case in which domestic violence is determined to be a contributing factor in a death, the coroner HB3169 Enrolled - 74 - LRB100 00350 KTG 10354 b shall report the death to the Department of State Police.

HB3169 ~~Engrossed~~ - 75 - LRB100 00350 KTG 10354 b (a) This Section shall apply to all impartial due process hearings requested on or after July 1, 2005.

HB3169 Enrolled - 75 - LRB100 00350 KTG 10354 b (a) This Section shall apply to all impartial due process hearings requested on or after July 1, 2005.

The superintendent shall forward the request to the State Board of Education HB3169 ~~Engrossed~~ - 76 - LRB100 00350 KTG 10354 b within 5 days after receipt of the request.

The superintendent shall forward the request to the State Board of Education HB3169 Enrolled - 76 - LRB100 00350 KTG 10354 b within 5 days after receipt of the request.

For a school district other than a school district located in a municipality having a population exceeding 500,000, a hearing officer who is a current resident of the school HB3169 ~~Engrossed~~ - 77 - LRB100 00350 KTG 10354 b district, special education cooperative, or other public entity involved in the hearing shall recuse himself or herself.

For a school district other than a school district located in a municipality having a population exceeding 500,000, a hearing officer who is a current resident of the school HB3169 Enrolled - 77 - LRB100 00350 KTG 10354 b district, special education cooperative, or other public entity involved in the hearing shall recuse himself or herself.

If a party withdraws its request for a due process hearing HB3169 ~~Engrossed~~ - 78 - LRB100 00350 KTG 10354 b after a hearing officer has been appointed, that hearing officer shall retain jurisdiction over a subsequent hearing that involves the same parties and is requested within one year from the date of withdrawal of the previous request, unless that hearing officer is unavailable.

If a party withdraws its request for a due process hearing HB3169 Enrolled - 78 - LRB100 00350 KTG 10354 b after a hearing officer has been appointed, that hearing officer shall retain jurisdiction over a subsequent hearing that involves the same parties and is requested within one year from the date of withdrawal of the previous request, unless that hearing officer is unavailable.

Once appointed, the impartial due process hearing officer shall not communicate with the State Board of HB3169 ~~Engrossed~~ - 79 - LRB100 00350 KTG 10354 b Education or its employees concerning the hearing, except that, where circumstances require, communications for administrative purposes that do not deal with substantive or procedural matters or issues on the merits are authorized, provided that the hearing officer promptly notifies all parties of the substance of the communication as a matter of record.

Once appointed, the impartial due process hearing officer shall not communicate with the State Board of HB3169 Enrolled - 79 - LRB100 00350 KTG 10354 b Education or its employees concerning the hearing, except that, where circumstances require, communications for administrative purposes that do not deal with substantive or procedural matters or issues on the merits are authorized, provided that the hearing officer promptly notifies all parties of the substance of the communication as a matter of record.

HB3169 ~~Engrossed~~ - 80 - LRB100 00350 KTG 10354 b (g-10) When the hearing request has been initiated by a school district, within 10 days after receiving the request, the parent or student (if at least 18 years of age or emancipated) shall provide the school district with a response that specifically addresses the issues raised in the school district's hearing request.

HB3169 Enrolled - 80 - LRB100 00350 KTG 10354 b (g-10) When the hearing request has been initiated by a school district, within 10 days after receiving the request, the parent or student (if at least 18 years of age or emancipated) shall provide the school district with a response that specifically addresses the issues raised in the school district's hearing request.

In addition, the party who requested the hearing may HB3169 ~~Engrossed~~ - 81 - LRB100 00350 KTG 10354 b amend the request once as a matter of right by filing the amended request within 5 days after filing the initial request.

In addition, the party who requested the hearing may HB3169 Enrolled - 81 - LRB100 00350 KTG 10354 b amend the request once as a matter of right by filing the amended request within 5 days after filing the initial request.

The resolution meeting may not be waived unless agreed to in writing by the school district and the parent or student (if at least 18 years of age or emancipated) or the parent or HB3169 ~~Engrossed~~ - 82 - LRB100 00350 KTG 10354 b student (if at least 18 years of age or emancipated) and the school district agree in writing to utilize mediation in place of the resolution meeting.

The resolution meeting may not be waived unless agreed to in writing by the school district and the parent or student (if at least 18 years of age or emancipated) or the parent or HB3169 Enrolled - 82 - LRB100 00350 KTG 10354 b student (if at least 18 years of age or emancipated) and the school district agree in writing to utilize mediation in place of the resolution meeting.

The State Board of Education may, by rule, establish HB3169 ~~Engrossed~~ - 83 - LRB100 00350 KTG 10354 b additional procedures for the conduct of resolution meetings.

The State Board of Education may, by rule, establish HB3169 Enrolled - 83 - LRB100 00350 KTG 10354 b additional procedures for the conduct of resolution meetings.

(g-40) The hearing officer shall convene a prehearing HB3169 ~~Engrossed~~ - 84 - LRB100 00350 KTG 10354 b conference no later than 14 days before the scheduled date for the due process hearing for the general purpose of aiding in the fair, orderly, and expeditious conduct of the hearing.

(g-40) The hearing officer shall convene a prehearing HB3169 Enrolled - 84 - LRB100 00350 KTG 10354 b conference no later than 14 days before the scheduled date for the due process hearing for the general purpose of aiding in the fair, orderly, and expeditious conduct of the hearing.

The State Board of Education may, by rule, establish additional HB3169 ~~Engrossed~~ - 85 - LRB100 00350 KTG 10354 b procedures for the conduct of prehearing conferences.

The State Board of Education may, by rule, establish additional HB3169 Enrolled - 85 - LRB100 00350 KTG 10354 b procedures for the conduct of prehearing conferences.

This subsection (g-55) shall not be applied in a manner that (i) denies any party to the hearing a fair and reasonable allocation of time and opportunity to present its case in its entirety or (ii) deprives any party to HB3169 ~~Engrossed~~ - 86 - LRB100 00350 KTG 10354 b the hearing of the safeguards accorded under the federal Individuals with Disabilities Education Improvement Act of 2004 (Public Law 108-446), regulations promulgated under the Individuals with Disabilities Education Improvement Act of 2004, or any other applicable law.

This subsection (g-55) shall not be applied in a manner that (i) denies any party to the hearing a fair and reasonable allocation of time and opportunity to present its case in its entirety or (ii) deprives any party to HB3169 Enrolled - 86 - LRB100 00350 KTG 10354 b the hearing of the safeguards accorded under the federal Individuals with Disabilities Education Improvement Act of 2004 (Public Law 108-446), regulations promulgated under the Individuals with Disabilities Education Improvement Act of 2004, or any other applicable law.

If at issue, the school district shall present evidence that it has properly identified and evaluated the nature and severity of the student's suspected or HB3169 ~~Engrossed~~ - 87 - LRB100 00350 KTG 10354 b identified disability and that, if the student has been or should have been determined eligible for special education and related services, that it is providing or has offered a free appropriate public education to the student in the least restrictive environment, consistent with procedural safeguards and in accordance with an individualized educational program.

If at issue, the school district shall present evidence that it has properly identified and evaluated the nature and severity of the student's suspected or HB3169 Enrolled - 87 - LRB100 00350 KTG 10354 b identified disability and that, if the student has been or should have been determined eligible for special education and related services, that it is providing or has offered a free appropriate public education to the student in the least restrictive environment, consistent with procedural safeguards and in accordance with an individualized educational program.

(h) The impartial hearing officer shall issue a written decision, including findings of fact and conclusions of law, within 10 days after the conclusion of the hearing and send by HB3169 ~~Engrossed~~ - 88 - LRB100 00350 KTG 10354 b certified mail a copy of the decision to the parents or student (if the student requests the hearing), the school district, the director of special education, legal representatives of the parties, and the State Board of Education.

(h) The impartial hearing officer shall issue a written decision, including findings of fact and conclusions of law, within 10 days after the conclusion of the hearing and send by HB3169 Enrolled - 88 - LRB100 00350 KTG 10354 b certified mail a copy of the decision to the parents or student (if the student requests the hearing), the school district, the director of special education, legal representatives of the parties, and the State Board of Education.

The request shall operate to stay implementation of those portions of the decision for which clarification is sought, pending HB3169 ~~Engrossed~~ - 89 - LRB100 00350 KTG 10354 b action on the request by the hearing officer, unless the parties otherwise agree.

The request shall operate to stay implementation of those portions of the decision for which clarification is sought, pending HB3169 Enrolled - 89 - LRB100 00350 KTG 10354 b action on the request by the hearing officer, unless the parties otherwise agree.

In any action brought under this subsection the Court shall receive the records of the impartial HB3169 ~~Engrossed~~ - 90 - LRB100 00350 KTG 10354 b due process hearing, shall hear additional evidence at the request of a party, and, basing its decision on the preponderance of the evidence, shall grant such relief as the court determines is appropriate.

In any action brought under this subsection the Court shall receive the records of the impartial HB3169 Enrolled - 90 - LRB100 00350 KTG 10354 b due process hearing, shall hear additional evidence at the request of a party, and, basing its decision on the preponderance of the evidence, shall grant such relief as the court determines is appropriate.

If applying for initial admission to the school district, the student shall, with the consent of the parents (if the student is not at least 18 years of age or HB3169 ~~Engrossed~~ - 91 - LRB100 00350 KTG 10354 b emancipated), be placed in the school district program until all such proceedings have been completed.

If applying for initial admission to the school district, the student shall, with the consent of the parents (if the student is not at least 18 years of age or HB3169 Enrolled - 91 - LRB100 00350 KTG 10354 b emancipated), be placed in the school district program until all such proceedings have been completed.

Surrogate parents shall not be employees of the school district, an agency created by joint agreement under Section 10-22.31, an agency involved in the education or care of the student, or the State HB3169 ~~Engrossed~~ - 92 - LRB100 00350 KTG 10354 b Board of Education.

Surrogate parents shall not be employees of the school district, an agency created by joint agreement under Section 10-22.31, an agency involved in the education or care of the student, or the State HB3169 Enrolled - 92 - LRB100 00350 KTG 10354 b Board of Education.

The Child Care Act of 1969 is amended by changing Sections 2.31 and 7.3 and by adding Section 2.01b as HB3169 ~~Engrossed~~ - 93 - LRB100 00350 KTG 10354 b follows:

The Child Care Act of 1969 is amended by changing Sections 2.31 and 7.3 and by adding Section 2.01b as HB3169 Enrolled - 93 - LRB100 00350 KTG 10354 b follows:

The agency must keep a HB3169 ~~Engrossed~~ - 94 - LRB100 00350 KTG 10354 b record of every other child welfare agency that has placed such a child in that foster family home;

The agency must keep a HB3169 Enrolled - 94 - LRB100 00350 KTG 10354 b record of every other child welfare agency that has placed such a child in that foster family home;

A foster parent who knowingly and willfully fails HB3169 ~~Engrossed~~ - 95 - LRB100 00350 KTG 10354 b to report a missing foster child under this subsection is guilty of a Class A misdemeanor.

A foster parent who knowingly and willfully fails HB3169 Enrolled - 95 - LRB100 00350 KTG 10354 b to report a missing foster child under this subsection is guilty of a Class A misdemeanor.

The lead agency shall adopt procedural safeguards that meet federal requirements and HB3169 ~~Engrossed~~ - 96 - LRB100 00350 KTG 10354 b ensure effective implementation of the safeguards for families by each public agency involved in the provision of early intervention services under this Act.

The lead agency shall adopt procedural safeguards that meet federal requirements and HB3169 Enrolled - 96 - LRB100 00350 KTG 10354 b ensure effective implementation of the safeguards for families by each public agency involved in the provision of early intervention services under this Act.

The regional intake HB3169 ~~Engrossed~~ - 97 - LRB100 00350 KTG 10354 b entity must make reasonable efforts to ensure the assignment of a surrogate parent not more than 30 days after a public agency determines that the child needs a surrogate parent.

The regional intake HB3169 Enrolled - 97 - LRB100 00350 KTG 10354 b entity must make reasonable efforts to ensure the assignment of a surrogate parent not more than 30 days after a public agency determines that the child needs a surrogate parent.

8-1-14.) HB3169 ~~Engrossed~~ - 98 - LRB100 00350 KTG 10354 b Section 65.

8-1-14.) HB3169 Enrolled - 98 - LRB100 00350 KTG 10354 b Section 65.

The programs shall be targeted to high risk youth residing in the geographic areas HB3169 ~~Engrossed~~ - 99 - LRB100 00350 KTG 10354 b served by the respective programs.

The programs shall be targeted to high risk youth residing in the geographic areas HB3169 Enrolled - 99 - LRB100 00350 KTG 10354 b served by the respective programs.

Any child or person in the care of the Department who is placed in a residential facility under HB3169 ~~Engrossed~~ - 100 - LRB100 00350 KTG 10354 b contract with the Department pursuant to the Children and Family Services Act shall be reported as missing to the local law enforcement agency within whose jurisdiction the facility is located, if:

Any child or person in the care of the Department who is placed in a residential facility under HB3169 Enrolled - 100 - LRB100 00350 KTG 10354 b contract with the Department pursuant to the Children and Family Services Act shall be reported as missing to the local law enforcement agency within whose jurisdiction the facility is located, if:

HB3169 ~~Engrossed~~ - 101 - LRB100 00350 KTG 10354 b "This individual is a youth in the care ward of the Illinois Department of Children and Family Services (DCFS) and, regardless of age, shall be released only to the custody of DCFS.

HB3169 Enrolled - 101 - LRB100 00350 KTG 10354 b "This individual is a youth in the care ward of the Illinois Department of Children and Family Services (DCFS) and, regardless of age, shall be released only to the custody of DCFS.

HB3169 ~~Engrossed~~ - 102 - LRB100 00350 KTG 10354 b (b) The application may be executed by a parent or guardian or, in the absence of a parent or guardian, by a person in loco parentis.

HB3169 Enrolled - 102 - LRB100 00350 KTG 10354 b (b) The application may be executed by a parent or guardian or, in the absence of a parent or guardian, by a person in loco parentis.

(2) If the court finds that there is probable cause to believe that the minor is abused, neglected or dependent, the court shall state in writing the factual basis supporting its finding and the minor, his or her parent, guardian, custodian and other persons able to give relevant testimony shall be HB3169 ~~Engrossed~~ - 103 - LRB100 00350 KTG 10354 b examined before the court.

(2) If the court finds that there is probable cause to believe that the minor is abused, neglected or dependent, the court shall state in writing the factual basis supporting its finding and the minor, his or her parent, guardian, custodian and other persons able to give relevant testimony shall be HB3169 Enrolled - 103 - LRB100 00350 KTG 10354 b examined before the court.

If it is consistent with the health, safety and best interests of the minor, the court may also prescribe shelter care and order that the minor be kept in a suitable place designated by the court or in a shelter care facility designated by the Department of Children HB3169 ~~Engrossed~~ - 104 - LRB100 00350 KTG 10354 b and Family Services or a licensed child welfare agency;

If it is consistent with the health, safety and best interests of the minor, the court may also prescribe shelter care and order that the minor be kept in a suitable place designated by the court or in a shelter care facility designated by the Department of Children HB3169 Enrolled - 104 - LRB100 00350 KTG 10354 b and Family Services or a licensed child welfare agency;

In determining the health, safety and best interests of the minor HB3169 ~~Engrossed~~ - 105 - LRB100 00350 KTG 10354 b to prescribe shelter care, the court must find that it is a matter of immediate and urgent necessity for the safety and protection of the minor or of the person or property of another that the minor be placed in a shelter care facility or that he or she is likely to flee the jurisdiction of the court, and must further find that reasonable efforts have been made or that, consistent with the health, safety and best interests of the minor, no efforts reasonably can be made to prevent or eliminate the necessity of removal of the minor from his or her home.

In determining the health, safety and best interests of the minor HB3169 Enrolled - 105 - LRB100 00350 KTG 10354 b to prescribe shelter care, the court must find that it is a matter of immediate and urgent necessity for the safety and protection of the minor or of the person or property of another that the minor be placed in a shelter care facility or that he or she is likely to flee the jurisdiction of the court, and must further find that reasonable efforts have been made or that, consistent with the health, safety and best interests of the minor, no efforts reasonably can be made to prevent or eliminate the necessity of removal of the minor from his or her home.

If the minor is ordered placed in a shelter care facility of the Department of Children and Family Services or a licensed child welfare agency, the court shall, upon request of the appropriate Department or other agency, appoint the Department of Children and Family Services Guardianship Administrator or other appropriate agency executive temporary custodian of the minor and the court may enter such other orders related to the HB3169 ~~Engrossed~~ - 106 - LRB100 00350 KTG 10354 b temporary custody as it deems fit and proper, including the provision of services to the minor or his family to ameliorate the causes contributing to the finding of probable cause or to the finding of the existence of immediate and urgent necessity.

If the minor is ordered placed in a shelter care facility of the Department of Children and Family Services or a licensed child welfare agency, the court shall, upon request of the appropriate Department or other agency, appoint the Department of Children and Family Services Guardianship Administrator or other appropriate agency executive temporary custodian of the minor and the court may enter such other orders related to the HB3169 Enrolled - 106 - LRB100 00350 KTG 10354 b temporary custody as it deems fit and proper, including the provision of services to the minor or his family to ameliorate the causes contributing to the finding of probable cause or to the finding of the existence of immediate and urgent necessity.

If the Department has determined that it is not in a child's best interest to be placed with a sibling, the Department shall document in the HB3169 ~~Engrossed~~ - 107 - LRB100 00350 KTG 10354 b sibling placement and contact plan the basis for its determination.

If the Department has determined that it is not in a child's best interest to be placed with a sibling, the Department shall document in the HB3169 Enrolled - 107 - LRB100 00350 KTG 10354 b sibling placement and contact plan the basis for its determination.

The frequency, HB3169 ~~Engrossed~~ - 108 - LRB100 00350 KTG 10354 b duration, and locations of visitation shall be measured by the needs of the child and family, and not by the convenience of Department personnel.

The frequency, HB3169 Enrolled - 108 - LRB100 00350 KTG 10354 b duration, and locations of visitation shall be measured by the needs of the child and family, and not by the convenience of Department personnel.

Nothing in this subsection (2) shall restrict the Department from immediately HB3169 ~~Engrossed~~ - 109 - LRB100 00350 KTG 10354 b restricting or terminating parent-child contact or sibling contacts, without either amending the parent-child visiting plan or the sibling contact plan or obtaining a court order, where the Department or its assigns reasonably believe that continuation of the contact, as set out in the plan, would be contrary to the child's health, safety, and welfare.

Nothing in this subsection (2) shall restrict the Department from immediately HB3169 Enrolled - 109 - LRB100 00350 KTG 10354 b restricting or terminating parent-child contact or sibling contacts, without either amending the parent-child visiting plan or the sibling contact plan or obtaining a court order, where the Department or its assigns reasonably believe that continuation of the contact, as set out in the plan, would be contrary to the child's health, safety, and welfare.

The HB3169 ~~Engrossed~~ - 110 - LRB100 00350 KTG 10354 b temporary custodian shall maintain a copy of the court order and written findings in the case record for the child.

The HB3169 Enrolled - 110 - LRB100 00350 KTG 10354 b temporary custodian shall maintain a copy of the court order and written findings in the case record for the child.

The court shall advise the parents, guardian, custodian or responsible relative to inform HB3169 ~~Engrossed~~ - 111 - LRB100 00350 KTG 10354 b the Department if additional information regarding the minor's adult relatives becomes available.

The court shall advise the parents, guardian, custodian or responsible relative to inform HB3169 Enrolled - 111 - LRB100 00350 KTG 10354 b the Department if additional information regarding the minor's adult relatives becomes available.

and shall explain the right of the parties and the procedures to vacate or modify a shelter care order as provided HB3169 ~~Engrossed~~ - 112 - LRB100 00350 KTG 10354 b in this Section.

and shall explain the right of the parties and the procedures to vacate or modify a shelter care order as provided HB3169 Enrolled - 112 - LRB100 00350 KTG 10354 b in this Section.

Whether or not the child or children were HB3169 ~~Engrossed~~ - 113 - LRB100 00350 KTG 10354 b abused, neglected or dependent.

Whether or not the child or children were HB3169 Enrolled - 113 - LRB100 00350 KTG 10354 b abused, neglected or dependent.

That you did not get adequate notice (explaining HB3169 ~~Engrossed~~ - 114 - LRB100 00350 KTG 10354 b how the notice was inadequate).

That you did not get adequate notice (explaining HB3169 Enrolled - 114 - LRB100 00350 KTG 10354 b how the notice was inadequate).

(4) If the parent, guardian, legal custodian, responsible relative, minor age 8 or over, or counsel of the minor did not have actual notice of or was not present at the shelter care hearing, he or she may file an affidavit setting forth these facts, and the clerk shall set the matter for rehearing not HB3169 ~~Engrossed~~ - 115 - LRB100 00350 KTG 10354 b later than 48 hours, excluding Sundays and legal holidays, after the filing of the affidavit.

(4) If the parent, guardian, legal custodian, responsible relative, minor age 8 or over, or counsel of the minor did not have actual notice of or was not present at the shelter care hearing, he or she may file an affidavit setting forth these facts, and the clerk shall set the matter for rehearing not HB3169 Enrolled - 115 - LRB100 00350 KTG 10354 b later than 48 hours, excluding Sundays and legal holidays, after the filing of the affidavit.

If a parent, guardian or custodian does not appear at such rehearing, the judge may enter an order prescribing HB3169 ~~Engrossed~~ - 116 - LRB100 00350 KTG 10354 b that the minor be kept in a suitable place designated by the Department of Children and Family Services or a licensed child welfare agency.

If a parent, guardian or custodian does not appear at such rehearing, the judge may enter an order prescribing HB3169 Enrolled - 116 - LRB100 00350 KTG 10354 b that the minor be kept in a suitable place designated by the Department of Children and Family Services or a licensed child welfare agency.

or (d) Services provided by the Department of Children and Family Services or a child welfare agency or other service provider have been successful in eliminating the need for temporary custody and the child can be cared for at home HB3169 ~~Engrossed~~ - 117 - LRB100 00350 KTG 10354 b without endangering the child's health or safety.

or (d) Services provided by the Department of Children and Family Services or a child welfare agency or other service provider have been successful in eliminating the need for temporary custody and the child can be cared for at home HB3169 Enrolled - 117 - LRB100 00350 KTG 10354 b without endangering the child's health or safety.

(11) The changes made to this Section by Public Act 98-61 HB3169 ~~Engrossed~~ - 118 - LRB100 00350 KTG 10354 b apply to a minor who has been arrested or taken into custody on or after January 1, 2014 (the effective date of Public Act 98-61).

(11) The changes made to this Section by Public Act 98-61 HB3169 Enrolled - 118 - LRB100 00350 KTG 10354 b apply to a minor who has been arrested or taken into custody on or after January 1, 2014 (the effective date of Public Act 98-61).

"Custodian" includes the Department of Children and Family Services, if it has been given custody of the child, or any other agency of the HB3169 ~~Engrossed~~ - 119 - LRB100 00350 KTG 10354 b State which has been given custody or wardship of the child.

"Custodian" includes the Department of Children and Family Services, if it has been given custody of the child, or any other agency of the HB3169 Enrolled - 119 - LRB100 00350 KTG 10354 b State which has been given custody or wardship of the child.

If the minor is ordered placed in a shelter care facility of the Department of Children and Family HB3169 ~~Engrossed~~ - 120 - LRB100 00350 KTG 10354 b Services or a licensed child welfare agency, the court shall, upon request of the Department or other agency, appoint the Department of Children and Family Services Guardianship Administrator or other appropriate agency executive temporary custodian of the minor and the court may enter such other orders related to the temporary custody as it deems fit and proper, including the provision of services to the minor or his family to ameliorate the causes contributing to the finding of probable cause or to the finding of the existence of immediate and urgent necessity.

If the minor is ordered placed in a shelter care facility of the Department of Children and Family HB3169 Enrolled - 120 - LRB100 00350 KTG 10354 b Services or a licensed child welfare agency, the court shall, upon request of the Department or other agency, appoint the Department of Children and Family Services Guardianship Administrator or other appropriate agency executive temporary custodian of the minor and the court may enter such other orders related to the temporary custody as it deems fit and proper, including the provision of services to the minor or his family to ameliorate the causes contributing to the finding of probable cause or to the finding of the existence of immediate and urgent necessity.

The temporary custodian shall maintain a copy of the court order and written findings in the case record for HB3169 ~~Engrossed~~ - 121 - LRB100 00350 KTG 10354 b the child.

The temporary custodian shall maintain a copy of the court order and written findings in the case record for HB3169 Enrolled - 121 - LRB100 00350 KTG 10354 b the child.

The notice shall also state the nature of the allegations, the nature of the order sought by the State, including whether temporary custody is sought, and the HB3169 ~~Engrossed~~ - 122 - LRB100 00350 KTG 10354 b consequences of failure to appear;

The notice shall also state the nature of the allegations, the nature of the order sought by the State, including whether temporary custody is sought, and the HB3169 Enrolled - 122 - LRB100 00350 KTG 10354 b consequences of failure to appear;

Whether or not there is "immediate and urgent HB3169 ~~Engrossed~~ - 123 - LRB100 00350 KTG 10354 b necessity" to remove the child from home (including:

Whether or not there is "immediate and urgent HB3169 Enrolled - 123 - LRB100 00350 KTG 10354 b necessity" to remove the child from home (including:

HB3169 ~~Engrossed~~ - 124 - LRB100 00350 KTG 10354 b At the rehearing, your rights are the same as at the initial shelter care hearing.

HB3169 Enrolled - 124 - LRB100 00350 KTG 10354 b At the rehearing, your rights are the same as at the initial shelter care hearing.

(5) Only when there is reasonable cause to believe that the minor taken into custody is a person described in subsection HB3169 ~~Engrossed~~ - 125 - LRB100 00350 KTG 10354 b (3) of Section 5-105 may the minor be kept or detained in a detention home or county or municipal jail.

(5) Only when there is reasonable cause to believe that the minor taken into custody is a person described in subsection HB3169 Enrolled - 125 - LRB100 00350 KTG 10354 b (3) of Section 5-105 may the minor be kept or detained in a detention home or county or municipal jail.

(9) Notwithstanding any other provision of this Section, any interested party, including the State, the temporary HB3169 ~~Engrossed~~ - 126 - LRB100 00350 KTG 10354 b custodian, an agency providing services to the minor or family under a service plan pursuant to Section 8.2 of the Abused and Neglected Child Reporting Act, foster parent, or any of their representatives, on notice to all parties entitled to notice, may file a motion to modify or vacate a temporary custody order on any of the following grounds:

(9) Notwithstanding any other provision of this Section, any interested party, including the State, the temporary HB3169 Enrolled - 126 - LRB100 00350 KTG 10354 b custodian, an agency providing services to the minor or family under a service plan pursuant to Section 8.2 of the Abused and Neglected Child Reporting Act, foster parent, or any of their representatives, on notice to all parties entitled to notice, may file a motion to modify or vacate a temporary custody order on any of the following grounds:

(4) When a hearing where a minor is alleged to be a minor HB3169 ~~Engrossed~~ - 128 - LRB100 00350 KTG 10354 b requiring authoritative intervention is continued pursuant to this Section, the court may permit the minor to remain in his home subject to such conditions concerning his conduct and supervision as the court may require by order.

(4) When a hearing where a minor is alleged to be a minor HB3169 Enrolled - 128 - LRB100 00350 KTG 10354 b requiring authoritative intervention is continued pursuant to this Section, the court may permit the minor to remain in his home subject to such conditions concerning his conduct and supervision as the court may require by order.

If the court determines the inability of the minor, or the parent, guardian, or legal custodian of the minor to pay HB3169 ~~Engrossed~~ - 129 - LRB100 00350 KTG 10354 b the fee, the court may impose a lesser fee.

If the court determines the inability of the minor, or the parent, guardian, or legal custodian of the minor to pay HB3169 Enrolled - 129 - LRB100 00350 KTG 10354 b the fee, the court may impose a lesser fee.

(d) ordered partially or completely emancipated in accordance with the HB3169 ~~Engrossed~~ - 130 - LRB100 00350 KTG 10354 b provisions of the Emancipation of Minors Act;

(d) ordered partially or completely emancipated in accordance with the HB3169 Enrolled - 130 - LRB100 00350 KTG 10354 b provisions of the Emancipation of Minors Act;

Such HB3169 ~~Engrossed~~ - 131 - LRB100 00350 KTG 10354 b payments may not exceed the maximum amounts provided for by Section 9.1 of the Children and Family Services Act.

Such HB3169 Enrolled - 131 - LRB100 00350 KTG 10354 b payments may not exceed the maximum amounts provided for by Section 9.1 of the Children and Family Services Act.

804-9) HB3169 ~~Engrossed~~ - 132 - LRB100 00350 KTG 10354 b Sec.

804-9) HB3169 Enrolled - 132 - LRB100 00350 KTG 10354 b Sec.

HB3169 ~~Engrossed~~ - 133 - LRB100 00350 KTG 10354 b The Court shall require documentation by representatives of the Department of Children and Family Services or the probation department as to the reasonable efforts that were made to prevent or eliminate the necessity of removal of the minor from his or her home, and shall consider the testimony of any person as to those reasonable efforts.

HB3169 Enrolled - 133 - LRB100 00350 KTG 10354 b The Court shall require documentation by representatives of the Department of Children and Family Services or the probation department as to the reasonable efforts that were made to prevent or eliminate the necessity of removal of the minor from his or her home, and shall consider the testimony of any person as to those reasonable efforts.

If the minor is ordered placed in a shelter care facility of the Department of Children and Family Services or a licensed child welfare agency, or in a facility HB3169 ~~Engrossed~~ - 134 - LRB100 00350 KTG 10354 b or program licensed by the Department of Human Services for shelter and treatment services, the court shall, upon request of the appropriate Department or other agency, appoint the Department of Children and Family Services Guardianship Administrator or other appropriate agency executive temporary custodian of the minor and the court may enter such other orders related to the temporary custody as it deems fit and proper, including the provision of services to the minor or his family to ameliorate the causes contributing to the finding of probable cause or to the finding of the existence of immediate and urgent necessity.

If the minor is ordered placed in a shelter care facility of the Department of Children and Family Services or a licensed child welfare agency, or in a facility HB3169 Enrolled - 134 - LRB100 00350 KTG 10354 b or program licensed by the Department of Human Services for shelter and treatment services, the court shall, upon request of the appropriate Department or other agency, appoint the Department of Children and Family Services Guardianship Administrator or other appropriate agency executive temporary custodian of the minor and the court may enter such other orders related to the temporary custody as it deems fit and proper, including the provision of services to the minor or his family to ameliorate the causes contributing to the finding of probable cause or to the finding of the existence of immediate and urgent necessity.

The temporary custodian shall maintain a copy HB3169 ~~Engrossed~~ - 135 - LRB100 00350 KTG 10354 b of the court order and written findings in the case record for the child.

The temporary custodian shall maintain a copy HB3169 Enrolled - 135 - LRB100 00350 KTG 10354 b of the court order and written findings in the case record for the child.

(6) No minor under 16 years of age may be confined in a HB3169 ~~Engrossed~~ - 136 - LRB100 00350 KTG 10354 b jail or place ordinarily used for the confinement of prisoners in a police station.

(6) No minor under 16 years of age may be confined in a HB3169 Enrolled - 136 - LRB100 00350 KTG 10354 b jail or place ordinarily used for the confinement of prisoners in a police station.

or (b) There is a material change in the circumstances of HB3169 ~~Engrossed~~ - 137 - LRB100 00350 KTG 10354 b the natural family from which the minor was removed;

or (b) There is a material change in the circumstances of HB3169 Enrolled - 137 - LRB100 00350 KTG 10354 b the natural family from which the minor was removed;

(1) The court may enter an order of continuance under supervision (a) upon an admission or stipulation by the appropriate respondent or minor respondent of the facts HB3169 ~~Engrossed~~ - 138 - LRB100 00350 KTG 10354 b supporting the petition and before proceeding to findings and adjudication, or after hearing the evidence at the adjudicatory hearing but before noting in the minutes of the proceeding a finding of whether or not the minor is an addict, and (b) in the absence of objection made in open court by the minor, his parent, guardian, custodian, responsible relative, defense attorney or the State's Attorney.

(1) The court may enter an order of continuance under supervision (a) upon an admission or stipulation by the appropriate respondent or minor respondent of the facts HB3169 Enrolled - 138 - LRB100 00350 KTG 10354 b supporting the petition and before proceeding to findings and adjudication, or after hearing the evidence at the adjudicatory hearing but before noting in the minutes of the proceeding a finding of whether or not the minor is an addict, and (b) in the absence of objection made in open court by the minor, his parent, guardian, custodian, responsible relative, defense attorney or the State's Attorney.

The filing of a petition for violation of a condition of the continuance under supervision shall toll the period of continuance under HB3169 ~~Engrossed~~ - 139 - LRB100 00350 KTG 10354 b supervision until the final determination of the charge, and the term of the continuance under supervision shall not run until the hearing and disposition of the petition for violation;

The filing of a petition for violation of a condition of the continuance under supervision shall toll the period of continuance under HB3169 Enrolled - 139 - LRB100 00350 KTG 10354 b supervision until the final determination of the charge, and the term of the continuance under supervision shall not run until the hearing and disposition of the petition for violation;

8-9-01.) HB3169 ~~Engrossed~~ - 140 - LRB100 00350 KTG 10354 b (705 ILCS 405/4-21) (from Ch.

8-9-01.) HB3169 Enrolled - 140 - LRB100 00350 KTG 10354 b (705 ILCS 405/4-21) (from Ch.

(3) Unless the order of disposition expressly so provides, HB3169 ~~Engrossed~~ - 141 - LRB100 00350 KTG 10354 b it does not operate to close proceedings on the pending petition, but is subject to modification until final closing and discharge of the proceedings under Section 4-29.

(3) Unless the order of disposition expressly so provides, HB3169 Enrolled - 141 - LRB100 00350 KTG 10354 b it does not operate to close proceedings on the pending petition, but is subject to modification until final closing and discharge of the proceedings under Section 4-29.

HB3169 ~~Engrossed~~ - 142 - LRB100 00350 KTG 10354 b (7) The court must impose upon a minor under an order of continuance under supervision or an order of disposition under this Article IV, as a condition of the order, a fee of $25 for each month or partial month of supervision with a probation officer.

HB3169 Enrolled - 142 - LRB100 00350 KTG 10354 b (7) The court must impose upon a minor under an order of continuance under supervision or an order of disposition under this Article IV, as a condition of the order, a fee of $25 for each month or partial month of supervision with a probation officer.

(a) upon an admission or stipulation by the appropriate respondent or minor respondent of the facts supporting the petition and before the court makes a finding of HB3169 ~~Engrossed~~ - 143 - LRB100 00350 KTG 10354 b delinquency, and in the absence of objection made in open court by the minor, his or her parent, guardian, or legal custodian, the minor's attorney or the State's Attorney;

(a) upon an admission or stipulation by the appropriate respondent or minor respondent of the facts supporting the petition and before the court makes a finding of HB3169 Enrolled - 143 - LRB100 00350 KTG 10354 b delinquency, and in the absence of objection made in open court by the minor, his or her parent, guardian, or legal custodian, the minor's attorney or the State's Attorney;

(5) When a hearing where a minor is alleged to be delinquent is continued pursuant to this Section, the court HB3169 ~~Engrossed~~ - 144 - LRB100 00350 KTG 10354 b may, as conditions of the continuance under supervision, require the minor to do any of the following:

(5) When a hearing where a minor is alleged to be delinquent is continued pursuant to this Section, the court HB3169 Enrolled - 144 - LRB100 00350 KTG 10354 b may, as conditions of the continuance under supervision, require the minor to do any of the following:

HB3169 ~~Engrossed~~ - 145 - LRB100 00350 KTG 10354 b (k-5) with the consent of the superintendent of the facility, attend an educational program at a facility other than the school in which the offense was committed if he or she committed a crime of violence as defined in Section 2 of the Crime Victims Compensation Act in a school, on the real property comprising a school, or within 1,000 feet of the real property comprising a school;

HB3169 Enrolled - 145 - LRB100 00350 KTG 10354 b (k-5) with the consent of the superintendent of the facility, attend an educational program at a facility other than the school in which the offense was committed if he or she committed a crime of violence as defined in Section 2 of the Crime Victims Compensation Act in a school, on the real property comprising a school, or within 1,000 feet of the real property comprising a school;

(r) refrain from having any contact, directly or indirectly, with certain specified persons or particular HB3169 ~~Engrossed~~ - 146 - LRB100 00350 KTG 10354 b types of persons, including but not limited to members of street gangs and drug users or dealers;

(r) refrain from having any contact, directly or indirectly, with certain specified persons or particular HB3169 Enrolled - 146 - LRB100 00350 KTG 10354 b types of persons, including but not limited to members of street gangs and drug users or dealers;

If the court finds that a condition of supervision has not been fulfilled, the court may proceed to findings, adjudication, and disposition or adjudication and HB3169 Enrolled - 147 - LRB100 00350 KTG 10354 b disposition.

(8.5) When a hearing in which a minor is alleged to be a delinquent for reasons that include a violation of Section 3.02 HB3169 ~~Engrossed~~ - 148 - LRB100 00350 KTG 10354 b or Section 3.03 of the Humane Care for Animals Act or paragraph (d) of subsection (1) of Section 21-1 of the Criminal Code of 1961 or paragraph (4) of subsection (a) of Section 21-1 or the Criminal Code of 2012 is continued under this Section, the court shall, as a condition of the continuance under supervision, require the minor to undergo medical or psychiatric treatment rendered by a psychiatrist or psychological treatment rendered by a clinical psychologist.

(8.5) When a hearing in which a minor is alleged to be a delinquent for reasons that include a violation of Section 3.02 HB3169 Enrolled - 148 - LRB100 00350 KTG 10354 b or Section 3.03 of the Humane Care for Animals Act or paragraph (d) of subsection (1) of Section 21-1 of the Criminal Code of 1961 or paragraph (4) of subsection (a) of Section 21-1 or the Criminal Code of 2012 is continued under this Section, the court shall, as a condition of the continuance under supervision, require the minor to undergo medical or psychiatric treatment rendered by a psychiatrist or psychological treatment rendered by a clinical psychologist.

If the court determines the question in the affirmative the court shall, as a condition of the continuance under supervision and as part of or in addition to any other condition of the supervision, require the minor to perform community service for not less than 30 hours, provided that HB3169 ~~Engrossed~~ - 149 - LRB100 00350 KTG 10354 b community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed.

If the court determines the question in the affirmative the court shall, as a condition of the continuance under supervision and as part of or in addition to any other condition of the supervision, require the minor to perform community service for not less than 30 hours, provided that HB3169 Enrolled - 149 - LRB100 00350 KTG 10354 b community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed.

(11) If a minor is placed on supervision for a violation of HB3169 ~~Engrossed~~ - 150 - LRB100 00350 KTG 10354 b subsection (a-7) of Section 1 of the Prevention of Tobacco Use by Minors Act, the court may, in its discretion, and upon recommendation by the State's Attorney, order that minor and his or her parents or legal guardian to attend a smoker's education or youth diversion program as defined in that Act if that program is available in the jurisdiction where the offender resides.

(11) If a minor is placed on supervision for a violation of HB3169 Enrolled - 150 - LRB100 00350 KTG 10354 b subsection (a-7) of Section 1 of the Prevention of Tobacco Use by Minors Act, the court may, in its discretion, and upon recommendation by the State's Attorney, order that minor and his or her parents or legal guardian to attend a smoker's education or youth diversion program as defined in that Act if that program is available in the jurisdiction where the offender resides.

(a) If a minor violates subsection (a-7) of Section 1 of the Prevention of Tobacco Use by Minors Act, the court may impose a sentence of 15 hours of community service or a HB3169 ~~Engrossed~~ - 151 - LRB100 00350 KTG 10354 b fine of $25 for a first violation.

(a) If a minor violates subsection (a-7) of Section 1 of the Prevention of Tobacco Use by Minors Act, the court may impose a sentence of 15 hours of community service or a HB3169 Enrolled - 151 - LRB100 00350 KTG 10354 b fine of $25 for a first violation.

HB3169 ~~Engrossed~~ - 152 - LRB100 00350 KTG 10354 b (1.5) The period of probation for a minor who is found guilty of aggravated criminal sexual assault, criminal sexual assault, or aggravated battery with a firearm shall be at least 36 months.

HB3169 Enrolled - 152 - LRB100 00350 KTG 10354 b (1.5) The period of probation for a minor who is found guilty of aggravated criminal sexual assault, criminal sexual assault, or aggravated battery with a firearm shall be at least 36 months.

(d) undergo medical or psychiatric treatment, rendered by a psychiatrist or psychological treatment rendered by a clinical psychologist or social work services rendered by a clinical social worker, or treatment for drug addiction or HB3169 Enrolled - 153 - LRB100 00350 KTG 10354 b alcoholism;

(o) participate with community corrections programs including unified delinquency intervention services HB3169 ~~Engrossed~~ - 154 - LRB100 00350 KTG 10354 b administered by the Department of Human Services subject to Section 5 of the Children and Family Services Act;

(o) participate with community corrections programs including unified delinquency intervention services HB3169 Enrolled - 154 - LRB100 00350 KTG 10354 b administered by the Department of Human Services subject to Section 5 of the Children and Family Services Act;

(s) refrain from having any contact, directly or HB3169 ~~Engrossed~~ - 155 - LRB100 00350 KTG 10354 b indirectly, with certain specified persons or particular types of persons, including but not limited to members of street gangs and drug users or dealers;

(s) refrain from having any contact, directly or HB3169 Enrolled - 155 - LRB100 00350 KTG 10354 b indirectly, with certain specified persons or particular types of persons, including but not limited to members of street gangs and drug users or dealers;

(3.5) The court shall, as a condition of probation or of HB3169 ~~Engrossed~~ - 156 - LRB100 00350 KTG 10354 b conditional discharge, require that a minor found to be guilty and placed on probation for reasons that include a violation of Section 3.02 or Section 3.03 of the Humane Care for Animals Act or paragraph (4) of subsection (a) of Section 21-1 of the Criminal Code of 2012 undergo medical or psychiatric treatment rendered by a psychiatrist or psychological treatment rendered by a clinical psychologist.

(3.5) The court shall, as a condition of probation or of HB3169 Enrolled - 156 - LRB100 00350 KTG 10354 b conditional discharge, require that a minor found to be guilty and placed on probation for reasons that include a violation of Section 3.02 or Section 3.03 of the Humane Care for Animals Act or paragraph (4) of subsection (a) of Section 21-1 of the Criminal Code of 2012 undergo medical or psychiatric treatment rendered by a psychiatrist or psychological treatment rendered by a clinical psychologist.

(5) The court shall impose upon a minor placed on probation or conditional discharge, as a condition of the probation or conditional discharge, a fee of $50 for each month of probation or conditional discharge supervision ordered by the court, unless after determining the inability of the minor placed on probation or conditional discharge to pay the fee, the court HB3169 ~~Engrossed~~ - 157 - LRB100 00350 KTG 10354 b assesses a lesser amount.

(5) The court shall impose upon a minor placed on probation or conditional discharge, as a condition of the probation or conditional discharge, a fee of $50 for each month of probation or conditional discharge supervision ordered by the court, unless after determining the inability of the minor placed on probation or conditional discharge to pay the fee, the court HB3169 Enrolled - 157 - LRB100 00350 KTG 10354 b assesses a lesser amount.

If the transfer case originated in another state and has HB3169 ~~Engrossed~~ - 158 - LRB100 00350 KTG 10354 b been transferred under the Interstate Compact for Juveniles to the jurisdiction of an Illinois circuit court for supervision by an Illinois probation department, probation fees may be imposed only if permitted by the Interstate Commission for Juveniles.

If the transfer case originated in another state and has HB3169 Enrolled - 158 - LRB100 00350 KTG 10354 b been transferred under the Interstate Compact for Juveniles to the jurisdiction of an Illinois circuit court for supervision by an Illinois probation department, probation fees may be imposed only if permitted by the Interstate Commission for Juveniles.

(730 ILCS 5/5-5-10) HB3169 ~~Engrossed~~ - 159 - LRB100 00350 KTG 10354 b Sec.

(730 ILCS 5/5-5-10) HB3169 Enrolled - 159 - LRB100 00350 KTG 10354 b Sec.

and (2) the circuit court has authorized, by administrative order issued by the chief judge, the creation of HB3169 ~~Engrossed~~ - 160 - LRB100 00350 KTG 10354 b a Crime Victim's Services Fund, to be administered by the Chief Judge or his or her designee, for services to crime victims and their families.

and (2) the circuit court has authorized, by administrative order issued by the chief judge, the creation of HB3169 Enrolled - 160 - LRB100 00350 KTG 10354 b a Crime Victim's Services Fund, to be administered by the Chief Judge or his or her designee, for services to crime victims and their families.

Transfer of a person's probation or conditional HB3169 ~~Engrossed~~ - 161 - LRB100 00350 KTG 10354 b discharge supervision to another state is subject to acceptance by the other state pursuant to the Interstate Compact for Adult Offender Supervision;

Transfer of a person's probation or conditional HB3169 Enrolled - 161 - LRB100 00350 KTG 10354 b discharge supervision to another state is subject to acceptance by the other state pursuant to the Interstate Compact for Adult Offender Supervision;

(7) if he or she is at least 17 years of age and has been sentenced to probation or conditional discharge for a HB3169 ~~Engrossed~~ - 162 - LRB100 00350 KTG 10354 b misdemeanor or felony in a county of 3,000,000 or more inhabitants and has not been previously convicted of a misdemeanor or felony, may be required by the sentencing court to attend educational courses designed to prepare the defendant for a high school diploma and to work toward a high school diploma or to work toward passing high school equivalency testing or to work toward completing a vocational training program approved by the court.

(7) if he or she is at least 17 years of age and has been sentenced to probation or conditional discharge for a HB3169 Enrolled - 162 - LRB100 00350 KTG 10354 b misdemeanor or felony in a county of 3,000,000 or more inhabitants and has not been previously convicted of a misdemeanor or felony, may be required by the sentencing court to attend educational courses designed to prepare the defendant for a high school diploma and to work toward a high school diploma or to work toward passing high school equivalency testing or to work toward completing a vocational training program approved by the court.

(8) if convicted of possession of a substance HB3169 ~~Engrossed~~ - 163 - LRB100 00350 KTG 10354 b prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act after a previous conviction or disposition of supervision for possession of a substance prohibited by the Cannabis Control Act or Illinois Controlled Substances Act or after a sentence of probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act and upon a finding by the court that the person is addicted, undergo treatment at a substance abuse program approved by the court;

(8) if convicted of possession of a substance HB3169 Enrolled - 163 - LRB100 00350 KTG 10354 b prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act after a previous conviction or disposition of supervision for possession of a substance prohibited by the Cannabis Control Act or Illinois Controlled Substances Act or after a sentence of probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act and upon a finding by the court that the person is addicted, undergo treatment at a substance abuse program approved by the court;

the provisions of this paragraph do not apply to a person HB3169 ~~Engrossed~~ - 164 - LRB100 00350 KTG 10354 b convicted of a sex offense who is placed in a Department of Corrections licensed transitional housing facility for sex offenders;

the provisions of this paragraph do not apply to a person HB3169 Enrolled - 164 - LRB100 00350 KTG 10354 b convicted of a sex offense who is placed in a Department of Corrections licensed transitional housing facility for sex offenders;

(i) not access or use a computer or any other HB3169 ~~Engrossed~~ - 165 - LRB100 00350 KTG 10354 b device with Internet capability without the prior written approval of the offender's probation officer, except in connection with the offender's employment or search for employment with the prior approval of the offender's probation officer;

(i) not access or use a computer or any other HB3169 Enrolled - 165 - LRB100 00350 KTG 10354 b device with Internet capability without the prior written approval of the offender's probation officer, except in connection with the offender's employment or search for employment with the prior approval of the offender's probation officer;

(8.9) if convicted of a sex offense as defined in the Sex Offender Registration Act committed on or after January 1, 2010 (the effective date of Public Act 96-262), refrain HB3169 ~~Engrossed~~ - 166 - LRB100 00350 KTG 10354 b from accessing or using a social networking website as defined in Section 17-0.5 of the Criminal Code of 2012;

(8.9) if convicted of a sex offense as defined in the Sex Offender Registration Act committed on or after January 1, 2010 (the effective date of Public Act 96-262), refrain HB3169 Enrolled - 166 - LRB100 00350 KTG 10354 b from accessing or using a social networking website as defined in Section 17-0.5 of the Criminal Code of 2012;

(11) if convicted of a sex offense as defined in Section 2 of the Sex Offender Registration Act committed on HB3169 ~~Engrossed~~ - 167 - LRB100 00350 KTG 10354 b or after January 1, 2010 (the effective date of Public Act 96-362) that requires the person to register as a sex offender under that Act, may not knowingly use any computer scrub software on any computer that the sex offender uses;

(11) if convicted of a sex offense as defined in Section 2 of the Sex Offender Registration Act committed on HB3169 Enrolled - 167 - LRB100 00350 KTG 10354 b or after January 1, 2010 (the effective date of Public Act 96-362) that requires the person to register as a sex offender under that Act, may not knowingly use any computer scrub software on any computer that the sex offender uses;

HB3169 ~~Engrossed~~ - 168 - LRB100 00350 KTG 10354 b (4) undergo medical, psychological or psychiatric treatment;

HB3169 Enrolled - 168 - LRB100 00350 KTG 10354 b (4) undergo medical, psychological or psychiatric treatment;

In addition to any other applicable condition of probation or conditional discharge, the conditions of home confinement shall be that HB3169 ~~Engrossed~~ - 169 - LRB100 00350 KTG 10354 b the offender:

In addition to any other applicable condition of probation or conditional discharge, the conditions of home confinement shall be that HB3169 Enrolled - 169 - LRB100 00350 KTG 10354 b the offender:

The HB3169 ~~Engrossed~~ - 170 - LRB100 00350 KTG 10354 b clerk of the circuit court shall pay all monies collected from this fee to the county treasurer for deposit in the substance abuse services fund under Section 5-1086.1 of the Counties Code, except as provided in an administrative order of the Chief Judge of the circuit court.

The HB3169 Enrolled - 170 - LRB100 00350 KTG 10354 b clerk of the circuit court shall pay all monies collected from this fee to the county treasurer for deposit in the substance abuse services fund under Section 5-1086.1 of the Counties Code, except as provided in an administrative order of the Chief Judge of the circuit court.

and (v) for persons convicted of offenses other than those referenced in clause (iv) above and who are placed on an approved monitoring device as a condition of probation or conditional discharge, the court shall impose a reasonable fee for each day of the use of the device, as established by the county board in subsection (g) of this Section, unless after determining the inability of the defendant to pay the HB3169 ~~Engrossed~~ - 171 - LRB100 00350 KTG 10354 b fee, the court assesses a lesser fee or no fee as the case may be.

and (v) for persons convicted of offenses other than those referenced in clause (iv) above and who are placed on an approved monitoring device as a condition of probation or conditional discharge, the court shall impose a reasonable fee for each day of the use of the device, as established by the county board in subsection (g) of this Section, unless after determining the inability of the defendant to pay the HB3169 Enrolled - 171 - LRB100 00350 KTG 10354 b fee, the court assesses a lesser fee or no fee as the case may be.

(11) comply with the terms and conditions of an order of protection issued by the court pursuant to the Illinois Domestic Violence Act of 1986, as now or hereafter amended, HB3169 ~~Engrossed~~ - 172 - LRB100 00350 KTG 10354 b or an order of protection issued by the court of another state, tribe, or United States territory.

(11) comply with the terms and conditions of an order of protection issued by the court pursuant to the Illinois Domestic Violence Act of 1986, as now or hereafter amended, HB3169 Enrolled - 172 - LRB100 00350 KTG 10354 b or an order of protection issued by the court of another state, tribe, or United States territory.

Such terms may include consideration of the purpose of the entry, the time of day, other persons accompanying the defendant, and advance approval by a probation officer, if the defendant has been placed on HB3169 ~~Engrossed~~ - 173 - LRB100 00350 KTG 10354 b probation or advance approval by the court, if the defendant was placed on conditional discharge;

Such terms may include consideration of the purpose of the entry, the time of day, other persons accompanying the defendant, and advance approval by a probation officer, if the defendant has been placed on HB3169 Enrolled - 173 - LRB100 00350 KTG 10354 b probation or advance approval by the court, if the defendant was placed on conditional discharge;

(iii) a first or second cousin HB3169 ~~Engrossed~~ - 174 - LRB100 00350 KTG 10354 b of the accused;

(iii) a first or second cousin HB3169 Enrolled - 174 - LRB100 00350 KTG 10354 b of the accused;

and HB3169 ~~Engrossed~~ - 175 - LRB100 00350 KTG 10354 b (iv) submit to any other appropriate restrictions concerning the offender's use of or access to a computer or any other device with Internet capability imposed by the offender's probation officer;

and HB3169 Enrolled - 175 - LRB100 00350 KTG 10354 b (iv) submit to any other appropriate restrictions concerning the offender's use of or access to a computer or any other device with Internet capability imposed by the offender's probation officer;

(e) Except where the offender has committed a fourth or subsequent violation of subsection (c) of Section 6-303 of the Illinois Vehicle Code, the court shall not require as a condition of the sentence of probation or conditional discharge that the offender be committed to a period of imprisonment in HB3169 ~~Engrossed~~ - 176 - LRB100 00350 KTG 10354 b excess of 6 months.

(e) Except where the offender has committed a fourth or subsequent violation of subsection (c) of Section 6-303 of the Illinois Vehicle Code, the court shall not require as a condition of the sentence of probation or conditional discharge that the offender be committed to a period of imprisonment in HB3169 Enrolled - 176 - LRB100 00350 KTG 10354 b excess of 6 months.

The fees shall be collected by the clerk HB3169 ~~Engrossed~~ - 177 - LRB100 00350 KTG 10354 b of the circuit court, except as provided in an administrative order of the Chief Judge of the circuit court.

The fees shall be collected by the clerk HB3169 Enrolled - 177 - LRB100 00350 KTG 10354 b of the circuit court, except as provided in an administrative order of the Chief Judge of the circuit court.

The probation department within the circuit to which jurisdiction has been transferred, or HB3169 ~~Engrossed~~ - 178 - LRB100 00350 KTG 10354 b which has agreed to provide supervision, may impose probation fees upon receiving the transferred offender, as provided in subsection (i).

The probation department within the circuit to which jurisdiction has been transferred, or HB3169 Enrolled - 178 - LRB100 00350 KTG 10354 b which has agreed to provide supervision, may impose probation fees upon receiving the transferred offender, as provided in subsection (i).

The HB3169 ~~Engrossed~~ - 179 - LRB100 00350 KTG 10354 b fee shall be collected by the clerk of the circuit court.

The HB3169 Enrolled - 179 - LRB100 00350 KTG 10354 b fee shall be collected by the clerk of the circuit court.

This amendatory Act of the 93rd General Assembly deletes the $10 increase in the fee under this subsection that was HB3169 ~~Engrossed~~ - 180 - LRB100 00350 KTG 10354 b imposed by Public Act 93-616.

This amendatory Act of the 93rd General Assembly deletes the $10 increase in the fee under this subsection that was HB3169 Enrolled - 180 - LRB100 00350 KTG 10354 b imposed by Public Act 93-616.

(k) Any offender who is sentenced to probation or conditional discharge for a felony sex offense as defined in the Sex Offender Management Board Act or any offense that the court or probation department has determined to be sexually motivated as defined in the Sex Offender Management Board Act shall be required to refrain from any contact, directly or HB3169 ~~Engrossed~~ - 181 - LRB100 00350 KTG 10354 b indirectly, with any persons specified by the court and shall be available for all evaluations and treatment programs required by the court or the probation department.

(k) Any offender who is sentenced to probation or conditional discharge for a felony sex offense as defined in the Sex Offender Management Board Act or any offense that the court or probation department has determined to be sexually motivated as defined in the Sex Offender Management Board Act shall be required to refrain from any contact, directly or HB3169 Enrolled - 181 - LRB100 00350 KTG 10354 b indirectly, with any persons specified by the court and shall be available for all evaluations and treatment programs required by the court or the probation department.

Additionally, the court shall order the defendant to perform no less than 30 hours of community service and not more than 120 hours of community service, if community service is available HB3169 ~~Engrossed~~ - 182 - LRB100 00350 KTG 10354 b in the jurisdiction and is funded and approved by the county board where the offense was committed, when the offense (1) was related to or in furtherance of the criminal activities of an organized gang or was motivated by the defendant's membership in or allegiance to an organized gang;

Additionally, the court shall order the defendant to perform no less than 30 hours of community service and not more than 120 hours of community service, if community service is available HB3169 Enrolled - 182 - LRB100 00350 KTG 10354 b in the jurisdiction and is funded and approved by the county board where the offense was committed, when the offense (1) was related to or in furtherance of the criminal activities of an organized gang or was motivated by the defendant's membership in or allegiance to an organized gang;

(1) make a report to and appear in person before or participate with the court or such courts, person, or social service agency as directed by the court in the order HB3169 Enrolled - 183 - LRB100 00350 KTG 10354 b of supervision;

(9) make restitution or reparation in an amount not to HB3169 ~~Engrossed~~ - 184 - LRB100 00350 KTG 10354 b exceed actual loss or damage to property and pecuniary loss or make restitution under Section 5-5-6 to a domestic violence shelter.

(9) make restitution or reparation in an amount not to HB3169 Enrolled - 184 - LRB100 00350 KTG 10354 b exceed actual loss or damage to property and pecuniary loss or make restitution under Section 5-5-6 to a domestic violence shelter.

(13) contribute a reasonable sum of money, not to exceed the maximum amount of the fine authorized for the offense for which the defendant was sentenced, (i) to a "local anti-crime program", as defined in Section 7 of the Anti-Crime Advisory Council Act, or (ii) for offenses under HB3169 ~~Engrossed~~ - 185 - LRB100 00350 KTG 10354 b the jurisdiction of the Department of Natural Resources, to the fund established by the Department of Natural Resources for the purchase of evidence for investigation purposes and to conduct investigations as outlined in Section 805-105 of the Department of Natural Resources (Conservation) Law;

(13) contribute a reasonable sum of money, not to exceed the maximum amount of the fine authorized for the offense for which the defendant was sentenced, (i) to a "local anti-crime program", as defined in Section 7 of the Anti-Crime Advisory Council Act, or (ii) for offenses under HB3169 Enrolled - 185 - LRB100 00350 KTG 10354 b the jurisdiction of the Department of Natural Resources, to the fund established by the Department of Natural Resources for the purchase of evidence for investigation purposes and to conduct investigations as outlined in Section 805-105 of the Department of Natural Resources (Conservation) Law;

under this condition the court may allow a defendant who is not HB3169 ~~Engrossed~~ - 186 - LRB100 00350 KTG 10354 b self-employed to operate a vehicle owned by the defendant's employer that is not equipped with an ignition interlock device in the course and scope of the defendant's employment;

under this condition the court may allow a defendant who is not HB3169 Enrolled - 186 - LRB100 00350 KTG 10354 b self-employed to operate a vehicle owned by the defendant's employer that is not equipped with an ignition interlock device in the course and scope of the defendant's employment;

If the court does not extend supervision, it shall issue a judgment HB3169 ~~Engrossed~~ - 187 - LRB100 00350 KTG 10354 b for the unpaid restitution and direct the clerk of the circuit court to file and enter the judgment in the judgment and lien docket, without fee, unless it finds that the victim has recovered a judgment against the defendant for the amount covered by the restitution order.

If the court does not extend supervision, it shall issue a judgment HB3169 Enrolled - 187 - LRB100 00350 KTG 10354 b for the unpaid restitution and direct the clerk of the circuit court to file and enter the judgment in the judgment and lien docket, without fee, unless it finds that the victim has recovered a judgment against the defendant for the amount covered by the restitution order.

Two years after the discharge and dismissal under this Section, unless the disposition of supervision was for a violation of Sections 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a similar provision of a local ordinance, or for a violation of Sections 12-3.2, 16-25, or 16A-3 of the Criminal Code of 1961 HB3169 ~~Engrossed~~ - 188 - LRB100 00350 KTG 10354 b or the Criminal Code of 2012, in which case it shall be 5 years after discharge and dismissal, a person may have his record of arrest sealed or expunged as may be provided by law.

Two years after the discharge and dismissal under this Section, unless the disposition of supervision was for a violation of Sections 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a similar provision of a local ordinance, or for a violation of Sections 12-3.2, 16-25, or 16A-3 of the Criminal Code of 1961 HB3169 Enrolled - 188 - LRB100 00350 KTG 10354 b or the Criminal Code of 2012, in which case it shall be 5 years after discharge and dismissal, a person may have his record of arrest sealed or expunged as may be provided by law.

The concurrence of the Chief Judge shall be in the HB3169 ~~Engrossed~~ - 189 - LRB100 00350 KTG 10354 b form of an administrative order.

The concurrence of the Chief Judge shall be in the HB3169 Enrolled - 189 - LRB100 00350 KTG 10354 b form of an administrative order.

(i) The court shall impose upon a defendant placed on supervision after January 1, 1992 or to community service under the supervision of a probation or court services department HB3169 ~~Engrossed~~ - 190 - LRB100 00350 KTG 10354 b after January 1, 2004, as a condition of supervision or supervised community service, a fee of $50 for each month of supervision or supervised community service ordered by the court, unless after determining the inability of the person placed on supervision or supervised community service to pay the fee, the court assesses a lesser fee.

(i) The court shall impose upon a defendant placed on supervision after January 1, 1992 or to community service under the supervision of a probation or court services department HB3169 Enrolled - 190 - LRB100 00350 KTG 10354 b after January 1, 2004, as a condition of supervision or supervised community service, a fee of $50 for each month of supervision or supervised community service ordered by the court, unless after determining the inability of the person placed on supervision or supervised community service to pay the fee, the court assesses a lesser fee.

The probation department may re-evaluate an offender's ability to pay every 6 months, and, HB3169 ~~Engrossed~~ - 191 - LRB100 00350 KTG 10354 b with the approval of the Director of Court Services or the Chief Probation Officer, adjust the monthly fee amount.

The probation department may re-evaluate an offender's ability to pay every 6 months, and, HB3169 Enrolled - 191 - LRB100 00350 KTG 10354 b with the approval of the Director of Court Services or the Chief Probation Officer, adjust the monthly fee amount.

The defendant placed on supervision must attend a public HB3169 ~~Engrossed~~ - 192 - LRB100 00350 KTG 10354 b institution of education to obtain the educational or vocational training required by this subsection (k).

The defendant placed on supervision must attend a public HB3169 Enrolled - 192 - LRB100 00350 KTG 10354 b institution of education to obtain the educational or vocational training required by this subsection (k).

(l) The court shall require a defendant placed on supervision for possession of a substance prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act after a previous conviction or disposition of supervision for possession of a substance prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act or a sentence of probation under Section 10 of the Cannabis Control Act or Section 410 of the Illinois Controlled Substances Act and after a finding by the court that the person is addicted, HB3169 ~~Engrossed~~ - 193 - LRB100 00350 KTG 10354 b to undergo treatment at a substance abuse program approved by the court.

(l) The court shall require a defendant placed on supervision for possession of a substance prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act after a previous conviction or disposition of supervision for possession of a substance prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act or a sentence of probation under Section 10 of the Cannabis Control Act or Section 410 of the Illinois Controlled Substances Act and after a finding by the court that the person is addicted, HB3169 Enrolled - 193 - LRB100 00350 KTG 10354 b to undergo treatment at a substance abuse program approved by the court.

(o) An offender placed on supervision for a sex offense as defined in the Sex Offender Management Board Act shall refrain from residing at the same address or in the same condominium unit or apartment unit or in the same condominium complex or HB3169 ~~Engrossed~~ - 194 - LRB100 00350 KTG 10354 b apartment complex with another person he or she knows or reasonably should know is a convicted sex offender or has been placed on supervision for a sex offense.

(o) An offender placed on supervision for a sex offense as defined in the Sex Offender Management Board Act shall refrain from residing at the same address or in the same condominium unit or apartment unit or in the same condominium complex or HB3169 Enrolled - 194 - LRB100 00350 KTG 10354 b apartment complex with another person he or she knows or reasonably should know is a convicted sex offender or has been placed on supervision for a sex offense.

(q) An offender placed on supervision for an offense committed on or after June 1, 2008 (the effective date of Public Act 95-464) that would qualify the accused as a child sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of 2012 shall, if so HB3169 ~~Engrossed~~ - 195 - LRB100 00350 KTG 10354 b ordered by the court, refrain from communicating with or contacting, by means of the Internet, a person who is related to the accused and whom the accused reasonably believes to be under 18 years of age.

(q) An offender placed on supervision for an offense committed on or after June 1, 2008 (the effective date of Public Act 95-464) that would qualify the accused as a child sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of 2012 shall, if so HB3169 Enrolled - 195 - LRB100 00350 KTG 10354 b ordered by the court, refrain from communicating with or contacting, by means of the Internet, a person who is related to the accused and whom the accused reasonably believes to be under 18 years of age.

(ii) submit to periodic unannounced examinations of the offender's computer or any other device with Internet capability by the offender's probation officer, a law enforcement officer, or assigned computer or information HB3169 ~~Engrossed~~ - 196 - LRB100 00350 KTG 10354 b technology specialist, including the retrieval and copying of all data from the computer or device and any internal or external peripherals and removal of such information, equipment, or device to conduct a more thorough inspection;

(ii) submit to periodic unannounced examinations of the offender's computer or any other device with Internet capability by the offender's probation officer, a law enforcement officer, or assigned computer or information HB3169 Enrolled - 196 - LRB100 00350 KTG 10354 b technology specialist, including the retrieval and copying of all data from the computer or device and any internal or external peripherals and removal of such information, equipment, or device to conduct a more thorough inspection;

(u) Jurisdiction over an offender may be transferred from HB3169 ~~Engrossed~~ - 197 - LRB100 00350 KTG 10354 b the sentencing court to the court of another circuit with the concurrence of both courts.

(u) Jurisdiction over an offender may be transferred from HB3169 Enrolled - 197 - LRB100 00350 KTG 10354 b the sentencing court to the court of another circuit with the concurrence of both courts.

(1) the therapist's supervisor, a consulting HB3169 ~~Engrossed~~ - 198 - LRB100 00350 KTG 10354 b therapist, members of a staff team participating in the provision of services, a record custodian, a business associate, an integrated health system, a member of an interdisciplinary team, or a person acting under the supervision and control of the therapist;

(1) the therapist's supervisor, a consulting HB3169 Enrolled - 198 - LRB100 00350 KTG 10354 b therapist, members of a staff team participating in the provision of services, a record custodian, a business associate, an integrated health system, a member of an interdisciplinary team, or a person acting under the supervision and control of the therapist;

(A) the recipient was either (i) a parent, foster parent, or caretaker who is an alleged perpetrator of abuse or neglect or the subject of a dependency investigation or (ii) a victim of alleged abuse or neglect who was not a youth in care as defined in Section 4d of the Children and Family Services Act non-ward victim of alleged abuse or neglect, and (B) available information demonstrates that the mental health of the recipient was or should have been HB3169 ~~Engrossed~~ - 199 - LRB100 00350 KTG 10354 b an issue to the safety of the child.

(A) the recipient was either (i) a parent, foster parent, or caretaker who is an alleged perpetrator of abuse or neglect or the subject of a dependency investigation or (ii) a victim of alleged abuse or neglect who was not a youth in care as defined in Section 4d of the Children and Family Services Act non-ward victim of alleged abuse or neglect, and (B) available information demonstrates that the mental health of the recipient was or should have been HB3169 Enrolled - 199 - LRB100 00350 KTG 10354 b an issue to the safety of the child.

"Related child" means a child subject to adoption where either or both of the adopting parents stands in any of the HB3169 ~~Engrossed~~ - 200 - LRB100 00350 KTG 10354 b following relationships to the child by blood, marriage, adoption, or civil union:

"Related child" means a child subject to adoption where either or both of the adopting parents stands in any of the HB3169 Enrolled - 200 - LRB100 00350 KTG 10354 b following relationships to the child by blood, marriage, adoption, or civil union:

The HB3169 ~~Engrossed~~ - 201 - LRB100 00350 KTG 10354 b grounds of unfitness are any one or more of the following, except that a person shall not be considered an unfit person for the sole reason that the person has relinquished a child in accordance with the Abandoned Newborn Infant Protection Act:

The HB3169 Enrolled - 201 - LRB100 00350 KTG 10354 b grounds of unfitness are any one or more of the following, except that a person shall not be considered an unfit person for the sole reason that the person has relinquished a child in accordance with the Abandoned Newborn Infant Protection Act:

(1) Two or more findings of physical abuse have been entered regarding any children under Section 2-21 of the Juvenile Court Act of 1987, the most recent of HB3169 ~~Engrossed~~ - 202 - LRB100 00350 KTG 10354 b which was determined by the juvenile court hearing the matter to be supported by clear and convincing evidence;

(1) Two or more findings of physical abuse have been entered regarding any children under Section 2-21 of the Juvenile Court Act of 1987, the most recent of HB3169 Enrolled - 202 - LRB100 00350 KTG 10354 b which was determined by the juvenile court hearing the matter to be supported by clear and convincing evidence;

Conviction of any one of the following HB3169 ~~Engrossed~~ - 203 - LRB100 00350 KTG 10354 b crimes shall create a presumption that a parent is depraved which can be overcome only by clear and convincing evidence:

Conviction of any one of the following HB3169 Enrolled - 203 - LRB100 00350 KTG 10354 b crimes shall create a presumption that a parent is depraved which can be overcome only by clear and convincing evidence:

There is a rebuttable presumption that a parent is depraved if the parent has been criminally convicted of at least 3 felonies under the laws of this State or any other HB3169 ~~Engrossed~~ - 204 - LRB100 00350 KTG 10354 b state, or under federal law, or the criminal laws of any United States territory;

There is a rebuttable presumption that a parent is depraved if the parent has been criminally convicted of at least 3 felonies under the laws of this State or any other HB3169 Enrolled - 204 - LRB100 00350 KTG 10354 b state, or under federal law, or the criminal laws of any United States territory;

There is a rebuttable presumption that a parent is unfit under this subsection with respect to any child to which that parent gives birth where there is a confirmed test result that at birth the child's blood, urine, or meconium contained any amount of a controlled substance as defined in subsection (f) of Section 102 of the Illinois HB3169 ~~Engrossed~~ - 205 - LRB100 00350 KTG 10354 b Controlled Substances Act or metabolites of such substances, the presence of which in the newborn infant was not the result of medical treatment administered to the mother or the newborn infant;

There is a rebuttable presumption that a parent is unfit under this subsection with respect to any child to which that parent gives birth where there is a confirmed test result that at birth the child's blood, urine, or meconium contained any amount of a controlled substance as defined in subsection (f) of Section 102 of the Illinois HB3169 Enrolled - 205 - LRB100 00350 KTG 10354 b Controlled Substances Act or metabolites of such substances, the presence of which in the newborn infant was not the result of medical treatment administered to the mother or the newborn infant;

If a service plan has been established as required under Section 8.2 of the Abused and Neglected Child Reporting Act to correct the conditions that were the basis for the removal of the child from the parent and if those services were available, then, for HB3169 ~~Engrossed~~ - 206 - LRB100 00350 KTG 10354 b purposes of this Act, "failure to make reasonable progress toward the return of the child to the parent" includes the parent's failure to substantially fulfill his or her obligations under the service plan and correct the conditions that brought the child into care during any 9-month period following the adjudication under Section 2-3 or 2-4 of the Juvenile Court Act of 1987.

If a service plan has been established as required under Section 8.2 of the Abused and Neglected Child Reporting Act to correct the conditions that were the basis for the removal of the child from the parent and if those services were available, then, for HB3169 Enrolled - 206 - LRB100 00350 KTG 10354 b purposes of this Act, "failure to make reasonable progress toward the return of the child to the parent" includes the parent's failure to substantially fulfill his or her obligations under the service plan and correct the conditions that brought the child into care during any 9-month period following the adjudication under Section 2-3 or 2-4 of the Juvenile Court Act of 1987.

(i) to visit the child, (ii) to communicate with the child or agency, although able to do so and not prevented from doing so by an agency or by court order, or HB3169 ~~Engrossed~~ - 207 - LRB100 00350 KTG 10354 b (iii) to maintain contact with or plan for the future of the child, although physically able to do so, or (2) as manifested by the father's failure, where he and the mother of the child were unmarried to each other at the time of the child's birth, (i) to commence legal proceedings to establish his paternity under the Illinois Parentage Act of 1984, the Illinois Parentage Act of 2015, or the law of the jurisdiction of the child's birth within 30 days of being informed, pursuant to Section 12a of this Act, that he is the father or the likely father of the child or, after being so informed where the child is not yet born, within 30 days of the child's birth, or (ii) to make a good faith effort to pay a reasonable amount of the expenses related to the birth of the child and to provide a reasonable amount for the financial support of the child, the court to consider in its determination all relevant circumstances, including the financial condition of both parents;

(i) to visit the child, (ii) to communicate with the child or agency, although able to do so and not prevented from doing so by an agency or by court order, or HB3169 Enrolled - 207 - LRB100 00350 KTG 10354 b (iii) to maintain contact with or plan for the future of the child, although physically able to do so, or (2) as manifested by the father's failure, where he and the mother of the child were unmarried to each other at the time of the child's birth, (i) to commence legal proceedings to establish his paternity under the Illinois Parentage Act of 1984, the Illinois Parentage Act of 2015, or the law of the jurisdiction of the child's birth within 30 days of being informed, pursuant to Section 12a of this Act, that he is the father or the likely father of the child or, after being so informed where the child is not yet born, within 30 days of the child's birth, or (ii) to make a good faith effort to pay a reasonable amount of the expenses related to the birth of the child and to provide a reasonable amount for the financial support of the child, the court to consider in its determination all relevant circumstances, including the financial condition of both parents;

In the absence of evidence to the contrary, the ability to visit, communicate, maintain HB3169 ~~Engrossed~~ - 208 - LRB100 00350 KTG 10354 b contact, pay expenses and plan for the future shall be presumed.

In the absence of evidence to the contrary, the ability to visit, communicate, maintain HB3169 Enrolled - 208 - LRB100 00350 KTG 10354 b contact, pay expenses and plan for the future shall be presumed.

(p) Inability to discharge parental responsibilities supported by competent evidence from a psychiatrist, licensed clinical social worker, or clinical psychologist of mental impairment, mental illness or an intellectual disability as defined in Section 1-116 of the Mental Health and Developmental Disabilities Code, or developmental disability as defined in Section 1-106 of that Code, and HB3169 ~~Engrossed~~ - 209 - LRB100 00350 KTG 10354 b there is sufficient justification to believe that the inability to discharge parental responsibilities shall extend beyond a reasonable time period.

(p) Inability to discharge parental responsibilities supported by competent evidence from a psychiatrist, licensed clinical social worker, or clinical psychologist of mental impairment, mental illness or an intellectual disability as defined in Section 1-116 of the Mental Health and Developmental Disabilities Code, or developmental disability as defined in Section 1-106 of that Code, and HB3169 Enrolled - 209 - LRB100 00350 KTG 10354 b there is sufficient justification to believe that the inability to discharge parental responsibilities shall extend beyond a reasonable time period.

(s) The child is in the temporary custody or guardianship of the Department of Children and Family Services, the parent is incarcerated at the time the petition or motion for termination of parental rights is filed, the parent has been repeatedly incarcerated as a result of criminal convictions, and the parent's repeated incarceration has prevented the parent from discharging HB3169 ~~Engrossed~~ - 210 - LRB100 00350 KTG 10354 b his or her parental responsibilities for the child.

(s) The child is in the temporary custody or guardianship of the Department of Children and Family Services, the parent is incarcerated at the time the petition or motion for termination of parental rights is filed, the parent has been repeatedly incarcerated as a result of criminal convictions, and the parent's repeated incarceration has prevented the parent from discharging HB3169 Enrolled - 210 - LRB100 00350 KTG 10354 b his or her parental responsibilities for the child.

or (2) HB3169 ~~Engrossed~~ - 211 - LRB100 00350 KTG 10354 b the person executed a consent to adoption by a specified person or persons pursuant to subsection A-1 of Section 10 of this Act and a court of competent jurisdiction finds that the consent is void;

or (2) HB3169 Enrolled - 211 - LRB100 00350 KTG 10354 b the person executed a consent to adoption by a specified person or persons pursuant to subsection A-1 of Section 10 of this Act and a court of competent jurisdiction finds that the consent is void;

The singular includes the plural and the plural includes the singular and the "male" includes the "female", as the HB3169 ~~Engrossed~~ - 212 - LRB100 00350 KTG 10354 b context of this Act may require.

The singular includes the plural and the plural includes the singular and the "male" includes the "female", as the HB3169 Enrolled - 212 - LRB100 00350 KTG 10354 b context of this Act may require.

"Abused child" means a child whose parent or immediate HB3169 ~~Engrossed~~ - 213 - LRB100 00350 KTG 10354 b family member, or any person responsible for the child's welfare, or any individual residing in the same home as the child, or a paramour of the child's parent:

"Abused child" means a child whose parent or immediate HB3169 Enrolled - 213 - LRB100 00350 KTG 10354 b family member, or any person responsible for the child's welfare, or any individual residing in the same home as the child, or a paramour of the child's parent:

"Neglected child" means any child whose parent or other person responsible for the child's welfare withholds or denies nourishment or medically indicated treatment including food or care denied solely on the basis of the present or anticipated mental or physical impairment as determined by a physician acting alone or in consultation with other physicians or HB3169 ~~Engrossed~~ - 214 - LRB100 00350 KTG 10354 b otherwise does not provide the proper or necessary support, education as required by law, or medical or other remedial care recognized under State law as necessary for a child's well-being, or other care necessary for his or her well-being, including adequate food, clothing and shelter;

"Neglected child" means any child whose parent or other person responsible for the child's welfare withholds or denies nourishment or medically indicated treatment including food or care denied solely on the basis of the present or anticipated mental or physical impairment as determined by a physician acting alone or in consultation with other physicians or HB3169 Enrolled - 214 - LRB100 00350 KTG 10354 b otherwise does not provide the proper or necessary support, education as required by law, or medical or other remedial care recognized under State law as necessary for a child's well-being, or other care necessary for his or her well-being, including adequate food, clothing and shelter;

"Putative father" does not mean a man who is the child's father as a result of criminal sexual abuse or assault as defined HB3169 ~~Engrossed~~ - 215 - LRB100 00350 KTG 10354 b under Article 11 of the Criminal Code of 2012.

"Putative father" does not mean a man who is the child's father as a result of criminal sexual abuse or assault as defined HB3169 Enrolled - 215 - LRB100 00350 KTG 10354 b under Article 11 of the Criminal Code of 2012.

or (2) because his paternity of the child has been HB3169 ~~Engrossed~~ - 216 - LRB100 00350 KTG 10354 b established pursuant to the Illinois Parentage Act, the Illinois Parentage Act of 1984, or the Gestational Surrogacy Act;

or (2) because his paternity of the child has been HB3169 Enrolled - 216 - LRB100 00350 KTG 10354 b established pursuant to the Illinois Parentage Act, the Illinois Parentage Act of 1984, or the Gestational Surrogacy Act;

or (4) because of her marriage to or civil union with the HB3169 ~~Engrossed~~ - 217 - LRB100 00350 KTG 10354 b child's other parent at the time of the child's birth or within 300 days prior to the time of birth;

or (4) because of her marriage to or civil union with the HB3169 Enrolled - 217 - LRB100 00350 KTG 10354 b child's other parent at the time of the child's birth or within 300 days prior to the time of birth;

HB3169 ~~Engrossed~~ - 218 - LRB100 00350 KTG 10354 b DD.

HB3169 Enrolled - 218 - LRB100 00350 KTG 10354 b DD.

HB3169 ~~Engrossed~~ - 219 - LRB100 00350 KTG 10354 b As an adoptive parent in the State of Illinois, you have the right:

HB3169 Enrolled - 219 - LRB100 00350 KTG 10354 b As an adoptive parent in the State of Illinois, you have the right:

You should discuss eligibility for a HB3169 ~~Engrossed~~ - 220 - LRB100 00350 KTG 10354 b subsidy with your attorney before the adoption is finalized, as this option is only available before the entry of a Judgment Order for Adoption.

You should discuss eligibility for a HB3169 Enrolled - 220 - LRB100 00350 KTG 10354 b subsidy with your attorney before the adoption is finalized, as this option is only available before the entry of a Judgment Order for Adoption.

HB3169 ~~Engrossed~~ - 221 - LRB100 00350 KTG 10354 b 3.

HB3169 Enrolled - 221 - LRB100 00350 KTG 10354 b 3.

The birth parent shall be informed in writing that if contact or exchange of identifying information with the adult adopted or surrendered person is to occur, that adult adopted HB3169 ~~Engrossed~~ - 222 - LRB100 00350 KTG 10354 b or surrendered person must be 21 years of age or over except as referenced in paragraph (d) of this Section.

The birth parent shall be informed in writing that if contact or exchange of identifying information with the adult adopted or surrendered person is to occur, that adult adopted HB3169 Enrolled - 222 - LRB100 00350 KTG 10354 b or surrendered person must be 21 years of age or over except as referenced in paragraph (d) of this Section.

HB3169 ~~Engrossed~~ - 223 - LRB100 00350 KTG 10354 b (d) On and after January 1, 2000, any licensed child welfare agency which provides post-adoption search assistance to adoptive parents, adopted persons, surrendered persons, birth parents, or other birth relatives shall require that any person requesting post-adoption search assistance complete an Illinois Adoption Registry Application prior to the commencement of the search.

HB3169 Enrolled - 223 - LRB100 00350 KTG 10354 b (d) On and after January 1, 2000, any licensed child welfare agency which provides post-adoption search assistance to adoptive parents, adopted persons, surrendered persons, birth parents, or other birth relatives shall require that any person requesting post-adoption search assistance complete an Illinois Adoption Registry Application prior to the commencement of the search.

Access to post-placement and post-adoption support services to provide support and resources for youth in care as defined in Section 4d of the Children and Family Services Act HB3169 ~~Engrossed~~ - 224 - LRB100 00350 KTG 10354 b wards of the State, foster families, and adoptive families is essential to promote permanency.

Access to post-placement and post-adoption support services to provide support and resources for youth in care as defined in Section 4d of the Children and Family Services Act HB3169 Enrolled - 224 - LRB100 00350 KTG 10354 b wards of the State, foster families, and adoptive families is essential to promote permanency.

(d) Every licensed child welfare agency, every entity approved under Section 4.1 of this Act, and any entity providing adoption support services in the Illinois courts shall provide the Department's website address and link to the Department's post-placement and post-adoption services HB3169 ~~Engrossed~~ - 225 - LRB100 00350 KTG 10354 b information set forth in subsection (c) of this Section, including the Department's toll-free number, to every adoptive parent with whom they work in Illinois.

(d) Every licensed child welfare agency, every entity approved under Section 4.1 of this Act, and any entity providing adoption support services in the Illinois courts shall provide the Department's website address and link to the Department's post-placement and post-adoption services HB3169 Enrolled - 225 - LRB100 00350 KTG 10354 b information set forth in subsection (c) of this Section, including the Department's toll-free number, to every adoptive parent with whom they work in Illinois.

HB3169 ~~Engrossed~~ - 226 - LRB100 00350 KTG 10354 b (A) the type of placement or adoption, including whether the child who was the subject of the placement was a youth in care as defined in Section 4d of the Children and Family Services Act ward of the Department, and if the child was not a youth in care ward, whether the adoption was a private, agency, agency-assisted, interstate, or intercountry adoption;

HB3169 Enrolled - 226 - LRB100 00350 KTG 10354 b (A) the type of placement or adoption, including whether the child who was the subject of the placement was a youth in care as defined in Section 4d of the Children and Family Services Act ward of the Department, and if the child was not a youth in care ward, whether the adoption was a private, agency, agency-assisted, interstate, or intercountry adoption;

HB3169 ~~Engrossed~~ - 227 - LRB100 00350 KTG 10354 b (Source:

HB3169 Enrolled - 227 - LRB100 00350 KTG 10354 b (Source:

HB3169 ~~Engrossed~~ - 228 - LRB100 00350 KTG 10354 b INDEX Statutes amended in order of appearance 5 ILCS 179/10 5 ILCS 350/1 from Ch.

HB3169 Enrolled - 228 - LRB100 00350 KTG 10354 b INDEX Statutes amended in order of appearance 5 ILCS 179/10 5 ILCS 350/1 from Ch.

6551 HB3169 ~~Engrossed~~ - 229 - LRB100 00350 KTG 10354 b 325 ILCS 58/10 405 ILCS 5/3-503 from Ch.

6551 HB3169 Enrolled - 229 - LRB100 00350 KTG 10354 b 325 ILCS 58/10 405 ILCS 5/3-503 from Ch.

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Action History

August 18, 2017
Public Act . . . . . . . . . 100-0159
August 18, 2017
Effective Date August 18, 2017
August 18, 2017
Governor Approved
June 23, 2017
Sent to the Governor
May 25, 2017
Passed Both Houses
May 25, 2017
Third Reading - Passed; 054-000-000
May 16, 2017
Placed on Calendar Order of 3rd Reading May 17, 2017
May 16, 2017
Second Reading
May 03, 2017
Placed on Calendar Order of 2nd Reading May 4, 2017
May 03, 2017
Do Pass Human Services; 007-000-000
April 25, 2017
Assigned to Human Services
March 16, 2017
Referred to Assignments
March 16, 2017
First Reading
March 16, 2017
Added as Alternate Chief Co-Sponsor Sen. Dale A. Righter
March 16, 2017
Chief Senate Sponsor Sen. Dan McConchie
March 16, 2017
Placed on Calendar Order of First Reading
March 16, 2017
Arrive in Senate
March 15, 2017
Added Co-Sponsor Rep. Sonya M. Harper
March 15, 2017
Added Co-Sponsor Rep. Patricia R. Bellock
March 15, 2017
Third Reading - Short Debate - Passed 110-000-000
March 09, 2017
Placed on Calendar Order of 3rd Reading - Short Debate
March 09, 2017
Second Reading - Short Debate
March 09, 2017
Added Co-Sponsor Rep. Ann M. Williams
March 09, 2017
Added Co-Sponsor Rep. Litesa E. Wallace
March 09, 2017
Added Co-Sponsor Rep. Kelly M. Cassidy
March 09, 2017
Added Co-Sponsor Rep. Avery Bourne
March 08, 2017
Placed on Calendar 2nd Reading - Short Debate
March 08, 2017
Do Pass / Short Debate Human Services Committee; 012-000-000
February 27, 2017
Added Chief Co-Sponsor Rep. Mary E. Flowers
February 23, 2017
Added Co-Sponsor Rep. Jaime M. Andrade, Jr.
February 22, 2017
Added Co-Sponsor Rep. Peter Breen
February 22, 2017
Added Co-Sponsor Rep. Margo McDermed
February 22, 2017
Assigned to Human Services Committee
February 16, 2017
Added Chief Co-Sponsor Rep. Norine K. Hammond
February 16, 2017
Added Chief Co-Sponsor Rep. Mark Batinick
February 16, 2017
Added Chief Co-Sponsor Rep. Juliana Stratton
February 09, 2017
Referred to Rules Committee
February 09, 2017
First Reading
February 09, 2017
Filed with the Clerk by Rep. Nick Sauer

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

Nick Sauer

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

May 25, 2017

Passed 54 Yea · 0 Nay · 5 Other

Party	Yea	Nay	Present	Not Voting
Unaffiliated	34	0	0	3
Democrat	12	0	0	2
Republican	8	0	0	0
Total	54	0	0	5
% of votes cast	92%	0%	0%	8%

How each member voted (59)

Member	Party	Vote
Barickman	—	Yea
Bertino-Tarrant	—	Not Voting
Biss	—	Yea
Bivins	—	Yea
Bush	—	Yea
McConnaughay	—	Yea
Landek	—	Yea
Rooney	—	Yea
Manar	—	Yea
McCann	—	Yea
McCarter	—	Yea
Mulroe	—	Yea
Harris	—	Yea
Bennett	—	Yea
McGuire	—	Yea
Muñoz	—	Yea
Oberweis	—	Yea
Radogno	—	Yea
Silverstein	—	Yea
Steans	—	Yea
Brady	—	Yea
Cullerton	—	Yea
Trotter	—	Yea
Cullerton, T.	—	Yea
Clayborne	—	Not Voting
Connelly	—	Yea
Haine	—	Not Voting
Hutchinson	—	Yea
Nybo	—	Yea
Raoul	—	Yea
Righter	—	Yea
Sandoval	—	Yea
Schimpf	—	Yea
Link	—	Yea
Althoff	—	Yea
Martinez	—	Yea
Van Pelt	—	Yea
Bill Cunningham	Democrat	Yea
Cristina Castro	Democrat	Yea
David Koehler	Democrat	Yea
Don Harmon	Democrat	Yea
Emil Jones, III	Democrat	Yea
Julie A. Morrison	Democrat	Not Voting
Kimberly A. Lightford	Democrat	Yea
Lakesia Collins	Democrat	Yea
Laura M. Murphy	Democrat	Yea
Linda Holmes	Democrat	Yea
Mattie Hunter	Democrat	Yea
Michael E. Hastings	Democrat	Yea
Omar Aquino	Democrat	Yea
Steve Stadelman	Democrat	Not Voting
Chapin Rose	Republican	Yea
Dale Fowler	Republican	Yea
Dan McConchie	Republican	Yea
Dave Syverson	Republican	Yea
Jil Tracy	Republican	Yea
Neil Anderson	Republican	Yea
Sue Rezin	Republican	Yea
Travis Weaver	Republican	Yea

Official roll call →

Third Reading

March 15, 2017

Passed 110 Yea · 0 Nay · 8 Other

Party	Yea	Nay	Present	Not Voting
Unaffiliated	68	0	0	6
Republican	12	0	0	0
Democrat	30	0	0	2
Total	110	0	0	8
% of votes cast	93%	0%	0%	7%

How each member voted (118)

Member	Party	Vote
Batinick	—	Yea
Beiser	—	Yea
Bellock	—	Yea
Bourne	—	Yea
Breen	—	Yea
Butler	—	Yea
Conyears-Ervin	—	Yea
Costello	—	Yea
McAuliffe	—	Yea
Fortner	—	Yea
Phillips	—	Yea
Sente	—	Yea
Sauer	—	Yea
Harris, Gregory	—	Yea
Bennett	—	Yea
Hernandez	—	Yea
Brady	—	Yea
Burke, Daniel	—	Yea
Burke, Kelly	—	Yea
Greenwood	—	Yea
Hays	—	Yea
Hurley	—	Yea
Ives	—	Yea
Jesiel	—	Yea
Lang	—	Yea
Long	—	Yea
Madigan	—	Not Voting
McAsey	—	Not Voting
McDermed	—	Yea
McSweeney	—	Yea
Davis	—	Yea
Olsen	—	Yea
Parkhurst	—	Yea
Mitchell, Bill	—	Yea
Wheeler, Barbara	—	Yea
Mitchell, Christian	—	Yea
Wheeler, Keith	—	Yea
Stewart	—	Yea
Stratton	—	Yea
Tabares	—	Yea
Thapedi	—	Yea
Turner	—	Yea
Wallace	—	Yea
Harris, David	—	Not Voting
Jones	—	Not Voting
Welter	—	Yea
Willis	—	Yea
Williams	—	Not Voting
Cavaletto	—	Yea
Conroy	—	Yea
Currie	—	Yea
D'Amico	—	Yea
Demmer	—	Yea
Drury	—	Yea
Durkin	—	Not Voting
Flowers	—	Yea
Frese	—	Yea
Yingling	—	Yea
Zalewski	—	Yea
Nekritz	—	Yea
Jimenez	—	Yea
Phelps	—	Yea
Pritchard	—	Yea
Reis	—	Yea
Riley	—	Yea
Skillicorn	—	Yea
Sommer	—	Yea
Soto	—	Yea
Unes	—	Yea
Wehrli	—	Yea
Winger	—	Yea
Andersson	—	Yea
Arroyo	—	Yea
Chapa LaVia	—	Yea
Anna Moeller	Democrat	Yea
Anthony DeLuca	Democrat	Yea
Camille Y. Lilly	Democrat	Yea
Carol Ammons	Democrat	Not Voting
Elgie R. Sims, Jr.	Democrat	Yea
Emanuel "Chris" Welch	Democrat	Yea
Fred Crespo	Democrat	Yea
Jaime M. Andrade, Jr.	Democrat	Yea
Jay Hoffman	Democrat	Yea
Jehan Gordon-Booth	Democrat	Yea
Julie A. Morrison	Democrat	Yea
Justin Slaughter	Democrat	Yea
Katie Stuart	Democrat	Yea
Kelly M. Cassidy	Democrat	Yea
La Shawn K. Ford	Democrat	Yea
Laura Fine	Democrat	Yea
Lawrence "Larry" Walsh, Jr.	Democrat	Yea
Marcus C. Evans, Jr.	Democrat	Yea
Martin J. Moylan	Democrat	Yea
Michael W. Halpin	Democrat	Yea
Michelle Mussman	Democrat	Yea
Natalie A. Manley	Democrat	Yea
Rita Mayfield	Democrat	Yea
Robert "Bob" Rita	Democrat	Yea
Robert F. Martwick	Democrat	Yea
Robyn Gabel	Democrat	Yea
Sara Feigenholtz	Democrat	Not Voting
Sonya M. Harper	Democrat	Yea
Stephanie A. Kifowit	Democrat	Yea
Sue Scherer	Democrat	Yea
Theresa Mah	Democrat	Yea
Will Guzzardi	Democrat	Yea
Brad Halbrook	Republican	Yea
Charles Meier	Republican	Yea
Christopher "C.D." Davidsmeyer	Republican	Yea
Dan Swanson	Republican	Yea
Dave Severin	Republican	Yea
Joe C. Sosnowski	Republican	Yea
John M. Cabello	Republican	Yea
Norine K. Hammond	Republican	Yea
Ryan Spain	Republican	Yea
Steven Reick	Republican	Yea
Terri Bryant	Republican	Yea
Tony M. McCombie	Republican	Yea

Official roll call →

Subjects

civil-rights education

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 3169 do?: Amends the Children and Family Services Act by defining "youth in care" as persons placed in the temporary custody or guardianship of the Department of Children and Family Services pursuant to the Juvenile Court Act of 1987. Amends various Acts by changing certain references to children who are wards of the Department of Children and Family Services or wards of the State to references to youth in care. Also changes terminology relating to children in the guardianship or custody of the Department of Children and Family Services. Makes other changes. Effective immediately.
Who sponsors HB 3169?: HB 3169 is sponsored by Nick Sauer.
What is the current status of HB 3169?: This bill has been enacted into law. Introduced February 09, 2017. Enacted.
Where can I track HB 3169?: Track HB 3169 free on One Click Politics — get push/email alerts when it moves.

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At a glance

Identifier: HB 3169
Jurisdiction: Illinois
Session: 100th Regular Session
Type: Bill
Introduced: February 09, 2017
Status: Enacted
Prime sponsor: Nick Sauer

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DCFS-YOUTH IN CARE

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HB 3169 — DCFS-YOUTH IN CARE

Prognosis

Odds of enactment

Summary

Bill Text

What changed in the latest version

Action History

Sponsors

Sponsorship breakdown

Sponsors (0)

Co-sponsors (1)

Not signed on (182)

Votes

Third Reading

Third Reading

Subjects

Frequently asked questions

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