Struck = removed from the bill ยท
added = the amendment's new text.
SB1504*LRB10409130KTG23265a* EnrolledSen. LRB104 09130 KTG 19186 b AN ACT concerning State government.
BeLakesia itCollins enactedFiled: by the People of the State of Illinois, represented in the General Assembly:
Section3/3/2025 5.10400SB1504sam001 LRB104 09130 KTG 23265 a AMENDMENT TO SENATE BILL 1504 AMENDMENT NO.
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Amend Senate Bill 1504 by replacing everything after the enacting clause with the following:
"Section 5.
(A) were committed to the Department pursuant to 10400SB1504sam001 -2- LRB104 09130 KTG 23265 a the Juvenile Court Act or the Juvenile Court Act of 1987 and who continue under the jurisdiction of the court;
or (B) were accepted for care, service and training by the Department prior to the age of 18 and whose best interest in the discretion of the Department would be served by continuing that care, service and training SB1504 Enrolled - 2 - LRB104 09130 KTG 19186 b because of severe emotional disturbances, physical disability, social adjustment or any combination thereof, or because of the need to complete an educational or vocational training program.
(C) preventing the unnecessary separation of children from their families by identifying family 10400SB1504sam001 -3- LRB104 09130 KTG 23265 a problems, assisting families in resolving their problems, and preventing the breakup of the family where the prevention of child removal is desirable and possible when the child can be cared for at home without endangering the child's health and safety;
(D) restoring to their families children who have been removed, by the provision of services to the SB1504 Enrolled - 3 - LRB104 09130 KTG 19186 b child and the families when the child can be cared for at home without endangering the child's health and safety;
and (I) placing and maintaining children in facilities that provide separate living quarters for children under the age of 18 and for children 18 years of age 10400SB1504sam001 -4- LRB104 09130 KTG 23265 a and older, unless a child 18 years of age is in the last year of high school education or vocational training, in an approved individual or group treatment program, in a licensed shelter facility, or secure child care facility.
(i) who are in a foster home, or SB1504 Enrolled - 4 - LRB104 09130 KTG 19186 b (ii) who are persons with a developmental disability, as defined in the Mental Health and Developmental Disabilities Code, or (iii) who are female children who are pregnant, pregnant and parenting, or parenting, or (iv) who are siblings, in facilities that provide separate living quarters for children 18 years of age and older and for children under 18 years of age.
The requested data must include, but is not limited to, capacity, staffing, and occupancy data for the purpose of establishing State need 10400SB1504sam001 -5- LRB104 09130 KTG 23265 a and placement availability.
All information collected, shared, or stored pursuant to this subsection shall be handled in accordance with all State and federal privacy laws and accompanying regulations and rules, including without limitation the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) and the Mental Health and Developmental SB1504 Enrolled - 5 - LRB104 09130 KTG 19186 b Disabilities Confidentiality Act.
The requirements of this 10400SB1504sam001 -6- LRB104 09130 KTG 23265 a Section concerning advance disbursements shall not apply with respect to the following:
SB1504 Enrolled - 6 - LRB104 09130 KTG 19186 b (g) The Department shall establish rules and regulations concerning its operation of programs designed to meet the goals of child safety and protection, family preservation, family reunification, and adoption, including, but not limited to:
Rules and regulations established by the Department shall 10400SB1504sam001 -7- LRB104 09130 KTG 23265 a include provisions for training Department staff and the staff of Department grantees, through contracts with other agencies or resources, in screening techniques to identify substance use disorders, as defined in the Substance Use Disorder Act, approved by the Department of Human Services, as a successor to the Department of Alcoholism and Substance Abuse, for the purpose of identifying children and adults who should be SB1504 Enrolled - 7 - LRB104 09130 KTG 19186 b referred for an assessment at an organization appropriately licensed by the Department of Human Services for substance use disorder treatment.
10400SB1504sam001 -8- LRB104 09130 KTG 23265 a (5) day care;
and SB1504 Enrolled - 8 - LRB104 09130 KTG 19186 b (4) in-home health services.
The Department may continue to provide financial assistance and education assistance grants for a child who was determined eligible for financial assistance under this subsection (j) in the interim period beginning when the 10400SB1504sam001 -9- LRB104 09130 KTG 23265 a child's adoptive parents died and ending with the finalization of the new adoption of the child by another adoptive parent or parents.
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 the person under Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28, SB1504 Enrolled - 9 - LRB104 09130 KTG 19186 b 4-25, or 5-740 of the Juvenile Court Act of 1987 for children who were youth in care for 12 months immediately prior to the appointment of the guardian.
(k) The Department shall accept for care and training any 10400SB1504sam001 -10- LRB104 09130 KTG 23265 a child who has been adjudicated neglected or abused, or dependent committed to it pursuant to the Juvenile Court Act or the Juvenile Court Act of 1987.
Family preservation services SB1504 Enrolled - 10 - LRB104 09130 KTG 19186 b shall be offered (i) to prevent the placement of children in substitute care when the children can be cared for at home or in the custody of the person responsible for the children's welfare, (ii) to reunite children with their families, or (iii) to maintain an adoptive placement.
Nothing in this paragraph shall be construed to create a private right of action or claim on the part of any individual or child welfare agency, except that when a child is the subject of an action under Article II of the Juvenile Court Act of 1987 and the child's service plan calls for services to facilitate achievement of the permanency goal, the court 10400SB1504sam001 -11- LRB104 09130 KTG 23265 a hearing the action under Article II of the Juvenile Court Act of 1987 may order the Department to provide the services set out in the plan, if those services are not provided with reasonable promptness and if those services are available.
The Department shall notify the child and the child's family of the Department's responsibility to offer and provide family preservation services as identified in the service SB1504 Enrolled - 11 - LRB104 09130 KTG 19186 b plan.
The Department may also provide services to any child or family after completion of a family assessment, as an alternative to an investigation, as provided under the 10400SB1504sam001 -12- LRB104 09130 KTG 23265 a "differential response program" provided for in subsection (a-5) of Section 7.4 of the Abused and Neglected Child Reporting Act.
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 SB1504 Enrolled - 12 - LRB104 09130 KTG 19186 b requiring authoritative intervention, under the Juvenile Court 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.
On and after January 1, 2017, a minor charged with a criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 or adjudicated delinquent shall not be placed in the custody of 10400SB1504sam001 -13- LRB104 09130 KTG 23265 a or committed to the Department by any court, except (i) a minor less than 15 years of age committed to the Department under Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor for whom an independent basis of abuse, neglect, or dependency exists, which must be defined by departmental rule, or (iii) a minor for whom the court has granted a supplemental petition to reinstate wardship pursuant to subsection (2) of Section SB1504 Enrolled - 13 - LRB104 09130 KTG 19186 b 2-33 of the Juvenile Court Act of 1987.
The Department may offer services to any family whether or not a report has been filed under the Abused 10400SB1504sam001 -14- LRB104 09130 KTG 23265 a and Neglected Child Reporting Act.
The Department shall develop and implement a public information campaign to alert SB1504 Enrolled - 14 - LRB104 09130 KTG 19186 b health and social service providers and the general public about these special family preservation services.
Permanent living arrangements may include prevention of placement of a child outside the home of 10400SB1504sam001 -15- LRB104 09130 KTG 23265 a the family when the child can be cared for at home without endangering the child's health or safety;
When determining reasonable efforts to be made with respect to a child, as described in this subsection, and in SB1504 Enrolled - 15 - LRB104 09130 KTG 19186 b making such reasonable efforts, the child's health and safety shall be the paramount concern.
At the time of placement, consideration should also be given so that if reunification fails or is delayed, the placement made is the best available placement to provide 10400SB1504sam001 -16- LRB104 09130 KTG 23265 a permanency for the child.
SB1504 Enrolled - 16 - LRB104 09130 KTG 19186 b (3) the barriers to reunification being addressed by the family;
(1) it has received a written consent to such temporary custody signed by the parents of the child or by the parent having custody of the child if the parents are not living together or by the guardian or custodian of the child if the child is not in the custody of either parent, or (2) the child is found in the State and neither a parent, guardian nor custodian of the child can be 10400SB1504sam001 -17- LRB104 09130 KTG 23265 a located.
If the child is found in the child's residence without a parent, guardian, custodian, or responsible caretaker, the Department may, instead of removing the child and assuming temporary custody, place an authorized representative of the Department in that residence until such time as a parent, guardian, or custodian enters the home and expresses a SB1504 Enrolled - 17 - LRB104 09130 KTG 19186 b willingness and apparent ability to ensure the child's health and safety and resume permanent charge of the child, or until a relative enters the home and is willing and able to ensure the child's health and safety and assume charge of the child until a parent, guardian, or custodian enters the home and expresses such willingness and ability to ensure the child's safety and resume permanent charge.
Whenever a child is taken into temporary custody pursuant to an investigation under the Abused and Neglected Child Reporting Act, or pursuant to a referral and acceptance under the Juvenile Court Act of 1987 of a minor in limited custody, the Department, during the period of temporary custody and before the child is brought before a 10400SB1504sam001 -18- LRB104 09130 KTG 23265 a judicial officer as required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile Court Act of 1987, shall have the authority, responsibilities and duties that a legal custodian of the child would have under subsection (9) of Section 1-3 of the Juvenile Court Act of 1987.
The Department shall ensure that any child taken into custody is scheduled for an appointment for a medical SB1504 Enrolled - 18 - LRB104 09130 KTG 19186 b examination.
(m-1) The Department may place children under 18 years of age in a secure child care facility licensed by the Department 10400SB1504sam001 -19- LRB104 09130 KTG 23265 a that cares for children who are in need of secure living arrangements for their health, safety, and well-being after a determination is made by the facility director and the Director or the Director's designate prior to admission to the facility subject to Section 2-27.1 of the Juvenile Court Act of 1987.
This subsection (m-1) does not apply to a child who is subject to placement in a correctional facility operated SB1504 Enrolled - 19 - LRB104 09130 KTG 19186 b pursuant to Section 3-15-2 of the Unified Code of Corrections, unless the child is a youth in care who was placed in the care of the Department before being subject to placement in a correctional facility and a court of competent jurisdiction has ordered placement of the child in a secure care facility.
Payment for board, clothing, care, training and supervision of any child placed in a licensed child care facility may be made by the Department, by the parents or guardians of the estates of those children, or by both the Department and the parents or guardians, except that no payments shall be made by the Department for any child placed in a licensed child care facility for board, clothing, care, training, and supervision of such a child that exceed the average per capita cost of 10400SB1504sam001 -20- LRB104 09130 KTG 23265 a maintaining and of caring for a child in institutions for dependent or neglected children operated by the Department.
However, such restriction on payments does not apply in cases where children require specialized care and treatment for problems of severe emotional disturbance, physical disability, social adjustment, or any combination thereof and suitable facilities for the placement of such children are not SB1504 Enrolled - 20 - LRB104 09130 KTG 19186 b available at payment rates within the limitations set forth in this Section.
Youth participating in services under this Section shall cooperate with the assigned case manager in developing an agreement identifying the services to be provided and how 10400SB1504sam001 -21- LRB104 09130 KTG 23265 a the youth will increase skills to achieve self-sufficiency.
SB1504 Enrolled - 21 - LRB104 09130 KTG 19186 b The Department of Children and Family Services shall create clear, readable notice of the rights of former foster youth to child welfare services under this Section and how such services may be obtained.
The Department shall ensure that any private child welfare agency, which accepts 10400SB1504sam001 -22- LRB104 09130 KTG 23265 a youth in care for placement, affords those rights to children and foster families.
An appeal of a decision SB1504 Enrolled - 22 - LRB104 09130 KTG 19186 b concerning a change in the placement of a child shall be conducted in an expedited manner.
The Department shall set up and administer no-cost, interest-bearing accounts in appropriate financial institutions for children for whom the Department is legally 10400SB1504sam001 -23- LRB104 09130 KTG 23265 a responsible and who have been determined eligible for Veterans' 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.
Interest earned by each account shall be credited to the account, unless disbursed in accordance SB1504 Enrolled - 23 - LRB104 09130 KTG 19186 b with this subsection.
Monthly, disbursements from all children's accounts, up to 1/12 of $13,000,000, shall be deposited by the Department into the General Revenue Fund and the balance over 1/12 of 10400SB1504sam001 -24- LRB104 09130 KTG 23265 a $13,000,000 into the DCFS Children's Services Fund.
(r) The Department shall promulgate regulations SB1504 Enrolled - 24 - LRB104 09130 KTG 19186 b encouraging all adoption agencies to voluntarily forward to the Department or its agent names and addresses of all persons who have applied for and have been approved for adoption of a hard-to-place child or child with a disability and the names of such children who have not been placed for adoption.
(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 10400SB1504sam001 -25- LRB104 09130 KTG 23265 a sustained by the foster parents as a result of the malicious or 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.
The program shall be funded through appropriations from the General Revenue Fund, specifically designated for SB1504 Enrolled - 25 - LRB104 09130 KTG 19186 b such purposes.
10400SB1504sam001 -26- LRB104 09130 KTG 23265 a (u) In addition to other information that must be provided, whenever the Department places a child with a prospective adoptive parent or parents, in a licensed foster home, group home, or child care institution, or in a relative home, the Department shall provide to the prospective adoptive parent or parents or other caretaker:
(1) available detailed information concerning the SB1504 Enrolled - 26 - LRB104 09130 KTG 19186 b child's educational and health history, copies of immunization records (including insurance and medical card information), a history of the child's previous placements, if any, and reasons for placement changes excluding any information that identifies or reveals the location of any previous caretaker;
The Department may prepare a written summary of 10400SB1504sam001 -27- LRB104 09130 KTG 23265 a the information required by this paragraph, which may be provided to the foster or prospective adoptive parent in advance of a placement.
In the case of an emergency placement, casework staff shall at least provide known information verbally, if necessary, and must subsequently SB1504 Enrolled - 27 - LRB104 09130 KTG 19186 b provide the information in writing as required by this subsection.
(u-5) Effective July 1, 1995, only foster care placements licensed as foster family homes pursuant to the Child Care Act 10400SB1504sam001 -28- LRB104 09130 KTG 23265 a of 1969 shall be eligible to receive foster care payments from the Department.
Code 335 and had submitted an application for licensure as a foster family home may continue to receive foster care payments only until the Department determines that they may be licensed as a SB1504 Enrolled - 28 - LRB104 09130 KTG 19186 b foster family home or that their application for licensure is denied or until September 30, 1995, whichever occurs first.
In addition, one Office of the Inspector General investigator shall have training in the use of the criminal history information access system and have access to the 10400SB1504sam001 -29- LRB104 09130 KTG 23265 a terminal.
(v-1) Prior to final approval for placement of a child, the Department shall conduct a criminal records background check of the prospective foster or adoptive parent, including SB1504 Enrolled - 29 - LRB104 09130 KTG 19186 b fingerprint-based checks of national crime information databases.
(w) Within 120 days of August 20, 1995 (the effective date of Public Act 89-392), the Department shall prepare and submit 10400SB1504sam001 -30- LRB104 09130 KTG 23265 a to the Governor and the General Assembly, a written plan for 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.
For purposes of this subsection, secure care facility shall mean a facility that is designed and operated to ensure that all entrances and exits from the facility, a building or a SB1504 Enrolled - 30 - LRB104 09130 KTG 19186 b distinct part of the building, are under the exclusive control of the staff of the facility, whether or not the child has the freedom of movement within the perimeter of the facility, building, or distinct part of the building.
The Department 10400SB1504sam001 -31- LRB104 09130 KTG 23265 a shall determine if financial exploitation of the child's personal information has occurred.
(y) Beginning on July 22, 2010 (the effective date of Public Act 96-1189), a child with a disability who receives SB1504 Enrolled - 31 - LRB104 09130 KTG 19186 b residential and educational services from the Department shall be eligible to receive transition services in accordance with Article 14 of the School Code from the age of 14.5 through age 21, inclusive, notwithstanding the child's residential services arrangement.
These fingerprints shall be checked against the fingerprint records now and hereafter filed in the Illinois State Police and the Federal Bureau of Investigation criminal history 10400SB1504sam001 -32- LRB104 09130 KTG 23265 a records databases.
SB1504 Enrolled - 32 - LRB104 09130 KTG 19186 b For purposes of this subsection:
10400SB1504sam001 -33- LRB104 09130 KTG 23265 a "Department employee" means a full-time or temporary employee coded or certified within the State of Illinois Personnel System.
"Department applicant" means an individual who has conditional Department full-time or part-time work, a contractor, an individual used to replace or supplement staff, an academic intern, a volunteer in Department offices or on SB1504 Enrolled - 33 - LRB104 09130 KTG 19186 b Department contracts, a work-study student, an individual or entity licensed by the Department, or an unlicensed service provider who works as a condition of a contract or an agreement and whose work may bring the unlicensed service provider into contact with Department clients or client records.
(A) were committed to the Department pursuant to 10400SB1504sam001 -34- LRB104 09130 KTG 23265 a the Juvenile Court Act or the Juvenile Court Act of 1987 and who continue under the jurisdiction of the court;
or (B) were accepted for care, service and training by the Department prior to the age of 18 and whose best interest in the discretion of the Department would be served by continuing that care, service and training SB1504 Enrolled - 34 - LRB104 09130 KTG 19186 b because of severe emotional disturbances, physical disability, social adjustment or any combination thereof, or because of the need to complete an educational or vocational training program.
(C) preventing the unnecessary separation of children from their families by identifying family 10400SB1504sam001 -35- LRB104 09130 KTG 23265 a problems, assisting families in resolving their problems, and preventing the breakup of the family where the prevention of child removal is desirable and possible when the child can be cared for at home without endangering the child's health and safety;
(D) restoring to their families children who have been removed, by the provision of services to the SB1504 Enrolled - 35 - LRB104 09130 KTG 19186 b child and the families when the child can be cared for at home without endangering the child's health and safety;
10400SB1504sam001 -36- LRB104 09130 KTG 23265 a (G) (blank);
and (I) placing and maintaining children in facilities that provide separate living quarters for children under the age of 18 and for children 18 years of age and older, unless a child 18 years of age is in the last year of high school education or vocational SB1504 Enrolled - 36 - LRB104 09130 KTG 19186 b training, in an approved individual or group treatment program, in a licensed shelter facility, or secure child care facility.
(b-5) The Department shall adopt rules to establish a process for all licensed residential providers in Illinois to submit data as required by the Department if they contract or receive reimbursement for children's mental health, substance 10400SB1504sam001 -37- LRB104 09130 KTG 23265 a use, and developmental disability services from the Department of Human Services, the Department of Juvenile Justice, or the Department of Healthcare and Family Services.
All information collected, shared, or stored pursuant to SB1504 Enrolled - 37 - LRB104 09130 KTG 19186 b this subsection shall be handled in accordance with all State and federal privacy laws and accompanying regulations and rules, including without limitation the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) and the Mental Health and Developmental Disabilities Confidentiality Act.
The amount of the advance disbursement shall be prorated over the life of the contract 10400SB1504sam001 -38- LRB104 09130 KTG 23265 a or the remaining months of the fiscal year, whichever is less, and the installment amount shall then be deducted from future bills.
payments to local public agencies SB1504 Enrolled - 38 - LRB104 09130 KTG 19186 b for child day care services as authorized by Section 5a of this Act;
(9) placement under Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile 10400SB1504sam001 -39- LRB104 09130 KTG 23265 a Court Act of 1987 in accordance with the federal Adoption Assistance and Child Welfare Act of 1980;
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 SB1504 Enrolled - 39 - LRB104 09130 KTG 19186 b or resources, in screening techniques to identify substance use disorders, as defined in the Substance Use Disorder Act, approved by the Department of Human Services, as a successor to the Department of Alcoholism and Substance Abuse, for the purpose of identifying children and adults who should be referred for an assessment at an organization appropriately licensed by the Department of Human Services for substance use disorder treatment.
(i) Service programs shall be available throughout the State and shall include but not be limited to the following 10400SB1504sam001 -40- LRB104 09130 KTG 23265 a services:
and SB1504 Enrolled - 40 - LRB104 09130 KTG 19186 b (7) kinship navigator and relative caregiver supports.
(j) The Department may provide categories of financial assistance and education assistance grants, and shall establish rules and regulations concerning the assistance and grants, to persons who adopt or become subsidized guardians of children with physical or mental disabilities, children who are older, or other hard-to-place children who (i) immediately prior to their adoption or subsidized guardianship were youth in care or (ii) were determined eligible for financial assistance with respect to a prior adoption and who become 10400SB1504sam001 -41- LRB104 09130 KTG 23265 a available for adoption because the prior adoption has been dissolved and the parental rights of the adoptive parents have been terminated or because the child's adoptive parents have died.
The Department may continue to provide financial assistance and education assistance grants for a child who was determined eligible for financial assistance under this subsection (j) in the interim period beginning when the SB1504 Enrolled - 41 - LRB104 09130 KTG 19186 b child's adoptive parents died and ending with the finalization of the new adoption of the child by another adoptive parent or parents.
Any financial assistance provided under this subsection is inalienable by assignment, sale, execution, attachment, 10400SB1504sam001 -42- LRB104 09130 KTG 23265 a garnishment, or any other remedy for recovery or collection of a judgment or debt.
(k) The Department shall accept for care and training any SB1504 Enrolled - 42 - LRB104 09130 KTG 19186 b child who has been adjudicated neglected or abused, or dependent committed to it pursuant to the Juvenile Court Act or the Juvenile Court Act of 1987.
With respect to children who are in substitute care pursuant to the Juvenile Court Act of 1987, family preservation services shall not be offered if a goal other than those of subdivisions (A), (B), or (B-1) of subsection (2.3) of Section 2-28 of that Act has been set, except that reunification services may be 10400SB1504sam001 -43- LRB104 09130 KTG 23265 a offered as provided in paragraph (F) of subsection (2.3) of Section 2-28 of that Act.
Nothing in this paragraph shall be construed to create a private right of action or claim on the part of any individual or child welfare agency, except that when a child is the subject of an action under Article II of the Juvenile Court Act of 1987 and the child's service plan calls for services to facilitate achievement of the permanency SB1504 Enrolled - 43 - LRB104 09130 KTG 19186 b goal, the court hearing the action under Article II of the Juvenile Court Act of 1987 may order the Department to provide the services set out in the plan, if those services are not provided with reasonable promptness and if those services are available.
The Department may also provide services to any child or family who is the subject of any report of suspected child abuse or neglect or may refer such child or family to 10400SB1504sam001 -44- LRB104 09130 KTG 23265 a services available from other agencies in the community, even if the report is determined to be unfounded, if the conditions in the child's or family's home are reasonably likely to subject the child or family to future reports of suspected child abuse or neglect.
The Department may also provide services to any child or family after completion of a family assessment, as an SB1504 Enrolled - 44 - LRB104 09130 KTG 19186 b alternative to an investigation, as provided under the "differential response program" provided for in subsection (a-5) of Section 7.4 of the Abused and Neglected Child Reporting Act.
On and after January 1, 2015 (the effective date of Public Act 98-803) and before January 1, 2017, a minor charged with a criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 or adjudicated delinquent shall not be placed in the custody of or committed to the Department by any court, except (i) a minor less than 16 years of age committed to the Department under Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor 10400SB1504sam001 -45- LRB104 09130 KTG 23265 a for whom an independent basis of abuse, neglect, or dependency exists, which must be defined by departmental rule, or (iii) a minor for whom the court has granted a supplemental petition to reinstate wardship pursuant to subsection (2) of Section 2-33 of the Juvenile Court Act of 1987.
On and after January 1, 2017, a minor charged with a criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 or SB1504 Enrolled - 45 - LRB104 09130 KTG 19186 b adjudicated delinquent shall not be placed in the custody of or committed to the Department by any court, except (i) a minor less than 15 years of age committed to the Department under Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor for whom an independent basis of abuse, neglect, or dependency exists, which must be defined by departmental rule, or (iii) a minor for whom the court has granted a supplemental petition to reinstate wardship pursuant to subsection (2) of Section 2-33 of the Juvenile Court Act of 1987.
As soon as is possible, the Department shall develop and implement a special program of family preservation services to 10400SB1504sam001 -46- LRB104 09130 KTG 23265 a support intact, relative, foster, and adoptive families who are experiencing extreme hardships due to the difficulty and stress of caring for a child who has been diagnosed with a pervasive developmental disorder if the Department determines that those services are necessary to ensure the health and safety of the child.
The Department may offer services to any family whether or not a report has been filed under the Abused SB1504 Enrolled - 46 - LRB104 09130 KTG 19186 b and Neglected Child Reporting Act.
(l-1) The General Assembly recognizes that the best 10400SB1504sam001 -47- LRB104 09130 KTG 23265 a interests of the child require that the child be placed in the most permanent living arrangement that is an appropriate option for the child, consistent with the child's best interest, using the factors set forth in subsection (4.05) of Section 1-3 of the Juvenile Court Act of 1987 as soon as is practically possible.
To achieve this goal, the General Assembly directs the Department of Children and Family SB1504 Enrolled - 47 - LRB104 09130 KTG 19186 b Services to conduct concurrent planning so that permanency may occur at the earliest opportunity.
The Department must make reasonable efforts to reunify the family when temporary placement of the child occurs unless otherwise required, pursuant to the Juvenile 10400SB1504sam001 -48- LRB104 09130 KTG 23265 a Court Act of 1987.
A decision to place a child in substitute care shall be SB1504 Enrolled - 48 - LRB104 09130 KTG 19186 b made with considerations of the child's health, safety, and best interests.
The Department shall consider the following factors when determining 10400SB1504sam001 -49- LRB104 09130 KTG 23265 a appropriateness of concurrent planning:
SB1504 Enrolled - 49 - LRB104 09130 KTG 19186 b (5) the caregivers' willingness to work with the family to reunite;
(1) it has received a written consent to such temporary custody signed by the parents of the child or by the parent having custody of the child if the parents are not living together or by the guardian or custodian of the child if the child is not in the custody of either parent, or (2) the child is found in the State and neither a parent, guardian nor custodian of the child can be 10400SB1504sam001 -50- LRB104 09130 KTG 23265 a located.
If the child is found in the child's residence without a parent, guardian, custodian, or responsible caretaker, the Department may, instead of removing the child and assuming temporary custody, place an authorized representative of the Department in that residence until such time as a parent, guardian, or custodian enters the home and expresses a SB1504 Enrolled - 50 - LRB104 09130 KTG 19186 b willingness and apparent ability to ensure the child's health and safety and resume permanent charge of the child, or until a relative enters the home and is willing and able to ensure the child's health and safety and assume charge of the child until a parent, guardian, or custodian enters the home and expresses such willingness and ability to ensure the child's safety and resume permanent charge.
Whenever a child is taken into temporary custody pursuant to an investigation under the Abused and Neglected Child Reporting Act, or pursuant to a referral and acceptance under the Juvenile Court Act of 1987 of a minor in limited custody, the Department, during the period of temporary custody and before the child is brought before a 10400SB1504sam001 -51- LRB104 09130 KTG 23265 a judicial officer as required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile Court Act of 1987, shall have the authority, responsibilities and duties that a legal custodian of the child would have under subsection (9) of Section 1-3 of the Juvenile Court Act of 1987.
The Department shall ensure that any child taken into custody is scheduled for an appointment for a medical SB1504 Enrolled - 51 - LRB104 09130 KTG 19186 b examination.
(m-1) The Department may place children under 18 years of age in a secure child care facility licensed by the Department 10400SB1504sam001 -52- LRB104 09130 KTG 23265 a that cares for children who are in need of secure living arrangements for their health, safety, and well-being after a determination is made by the facility director and the Director or the Director's designate prior to admission to the facility subject to Section 2-27.1 of the Juvenile Court Act of 1987.
This subsection (m-1) does not apply to a child who is subject to placement in a correctional facility operated SB1504 Enrolled - 52 - LRB104 09130 KTG 19186 b pursuant to Section 3-15-2 of the Unified Code of Corrections, unless the child is a youth in care who was placed in the care of the Department before being subject to placement in a correctional facility and a court of competent jurisdiction has ordered placement of the child in a secure care facility.
Payment for board, clothing, care, training and supervision of any child placed in a licensed child care facility may be made by the Department, by the parents or guardians of the estates of those children, or by both the Department and the parents or guardians, except that no payments shall be made by the Department for any child placed in a licensed child care facility for board, clothing, care, training, and supervision of such a child that exceed the average per capita cost of 10400SB1504sam001 -53- LRB104 09130 KTG 23265 a maintaining and of caring for a child in institutions for dependent or neglected children operated by the Department.
However, such restriction on payments does not apply in cases where children require specialized care and treatment for problems of severe emotional disturbance, physical disability, social adjustment, or any combination thereof and suitable facilities for the placement of such children are not SB1504 Enrolled - 53 - LRB104 09130 KTG 19186 b available at payment rates within the limitations set forth in this Section.
Youth participating in services under this Section shall cooperate with the assigned case manager in developing an agreement identifying the services to be provided and how 10400SB1504sam001 -54- LRB104 09130 KTG 23265 a the youth will increase skills to achieve self-sufficiency.
SB1504 Enrolled - 54 - LRB104 09130 KTG 19186 b The Department of Children and Family Services shall create clear, readable notice of the rights of former foster youth to child welfare services under this Section and how such services may be obtained.
The Department shall ensure that any private child welfare agency, which accepts 10400SB1504sam001 -55- LRB104 09130 KTG 23265 a youth in care for placement, affords those rights to children and caregivers with whom those children are placed.
The Department shall accept for administrative review and an appeal hearing a complaint made by (i) a child or caregiver with whom the child is placed concerning a decision following an initial review by a private child welfare agency or (ii) a prospective adoptive parent who alleges a violation of SB1504 Enrolled - 55 - LRB104 09130 KTG 19186 b subsection (j-5) of this Section.
The rules shall outline the essential elements of each form used in the implementation and enforcement of the provisions of this 10400SB1504sam001 -56- LRB104 09130 KTG 23265 a amendatory Act of the 103rd General Assembly.
(q) The Department may receive and use, in their entirety, for the benefit of children any gift, donation, or bequest of money or other property which is received on behalf of such children, or any financial benefits to which such children are or may become entitled while under the jurisdiction or care of SB1504 Enrolled - 56 - LRB104 09130 KTG 19186 b the Department, except that the benefits described in Section 5.46 must be used and conserved consistent with the provisions under Section 5.46.
In all circumstances, the Department's 10400SB1504sam001 -57- LRB104 09130 KTG 23265 a Guardianship Administrator or the Guardianship Administrator's designee must approve disbursements from children's accounts.
(2) Calculate on a monthly basis the amounts paid from State funds for the child's board and care, medical care SB1504 Enrolled - 57 - LRB104 09130 KTG 19186 b not covered under Medicaid, and social services;
A list of such names and addresses shall be maintained by the 10400SB1504sam001 -58- LRB104 09130 KTG 23265 a Department or its agent, and coded lists which maintain the confidentiality of the person seeking to adopt the child and of the child shall be made available, without charge, to every adoption agency in the State to assist the agencies in placing such children for adoption.
The Department shall ensure that such agent maintains the SB1504 Enrolled - 58 - LRB104 09130 KTG 19186 b confidentiality of the person seeking to adopt the child and of the child.
(1) an order entered by an Illinois court specifically 10400SB1504sam001 -59- LRB104 09130 KTG 23265 a directs the Department to perform such services;
The Department shall provide written notification to the SB1504 Enrolled - 59 - LRB104 09130 KTG 19186 b court of the specific arrangements for supervised visitation and projected monthly costs within 60 days of the court order.
(1) available detailed information concerning the child's educational and health history, copies of immunization records (including insurance and medical card information), a history of the child's previous placements, if any, and reasons for placement changes excluding any information that identifies or reveals the 10400SB1504sam001 -60- LRB104 09130 KTG 23265 a location of any previous caregiver or adoptive parents;
and (3) information containing details of the child's individualized educational plan when the child is SB1504 Enrolled - 60 - LRB104 09130 KTG 19186 b receiving special education services.
The information described in this subsection shall be 10400SB1504sam001 -61- LRB104 09130 KTG 23265 a provided in writing.
Within 10 business days after placement, the Department shall obtain from the caregiver, appropriate facility staff, or prospective adoptive parent or parents a signed verification of receipt of the SB1504 Enrolled - 61 - LRB104 09130 KTG 19186 b information provided.
10400SB1504sam001 -62- LRB104 09130 KTG 23265 a (u-6) To assist relative and certified relative caregivers, no later than July 1, 2025, the Department shall adopt rules to implement a relative support program, as follows:
(1) For relative and certified relative caregivers, the Department is authorized to reimburse or prepay reasonable expenditures to remedy home conditions SB1504 Enrolled - 62 - LRB104 09130 KTG 19186 b necessary to fulfill the home safety-related requirements of relative caregiver homes.
The kinship navigator program services may provide information, referral services, support, and assistance to 10400SB1504sam001 -63- LRB104 09130 KTG 23265 a relative and certified relative caregivers of youth in care to address their unique needs and challenges.
Whenever the Department publicly posts these updates on SB1504 Enrolled - 63 - LRB104 09130 KTG 19186 b its website, the Department shall notify the General Assembly through the General Assembly's designee.
To meet this obligation, the Department may utilize the same toll-free 10400SB1504sam001 -64- LRB104 09130 KTG 23265 a number the Department operates to respond to post-adoption requests under subsection (b-5) of Section 18.9 of the Adoption Act.
SB1504 Enrolled - 64 - LRB104 09130 KTG 19186 b (2) it shall provide the information to every licensed child welfare agency and any entity providing subsidized guardianship support services in Illinois courts;
(5) it shall include, in each annual notification letter mailed to subsidized guardians, a short, 2-sided flier or news bulletin in plain language that describes access to post-guardianship services, how to access services under the Family Support Program, formerly known as the Individual Care Grant Program, the webpage address 10400SB1504sam001 -65- LRB104 09130 KTG 23265 a to the Post Adoption and Guardianship Services booklet, information on how to request that a copy of the booklet be mailed;
No later than July 1, 2026, the Department shall provide a SB1504 Enrolled - 65 - LRB104 09130 KTG 19186 b mechanism for the public to make information requests by electronic means.
Every licensed child welfare agency and any entity providing kinship navigator programs funded by the Department shall provide the Department's website address and link to the Department's subsidized guardianship support services information set forth in subsection (d), including the Department's toll-free number, to every relative who is or 10400SB1504sam001 -66- LRB104 09130 KTG 23265 a will be providing guardianship placement for a child placed by the Department.
(v) The Department shall access criminal history record information as defined in the Illinois Uniform Conviction Information Act and information maintained in the adjudicatory and dispositional record system as defined in Section 2605-355 of the Illinois State Police Law if the Department determines SB1504 Enrolled - 66 - LRB104 09130 KTG 19186 b the information is necessary to perform its duties under the Abused and Neglected Child Reporting Act, the Child Care Act of 1969, and the Children and Family Services Act.
(v-1) Prior to final approval for placement of a child with a foster or adoptive parent, the Department shall conduct a criminal records background check of the prospective foster 10400SB1504sam001 -67- LRB104 09130 KTG 23265 a or adoptive parent, including fingerprint-based checks of national crime information databases.
Final approval for placement shall not be granted if the record check reveals a felony conviction for child abuse or neglect, for spousal abuse, for a crime against children, or for a crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery, or if there is a SB1504 Enrolled - 67 - LRB104 09130 KTG 19186 b felony conviction for physical assault, battery, or a drug-related offense committed within the past 5 years.
(v-4) Prior to final approval for placement of a child with a relative, as defined in Section 4d of this Act, who is 10400SB1504sam001 -68- LRB104 09130 KTG 23265 a not a licensed foster parent, has declined to seek approval to be a certified relative caregiver, or was denied approval as a certified relative caregiver, the Department shall:
If any prospective relative caregiver or other adult living in the home has SB1504 Enrolled - 68 - LRB104 09130 KTG 19186 b resided in another state in the preceding 5 years, the Department shall request a check of that other state's child abuse and neglect registry;
provided however, that the Department is empowered to grant a waiver as the Department may provide by rule, and the Department approves the request for the waiver based on a comprehensive evaluation of the caregiver and household 10400SB1504sam001 -69- LRB104 09130 KTG 23265 a members and the conditions relating to the safety of the placement.
The rules shall outline the essential elements of each form used in the implementation and enforcement of the provisions of this amendatory Act of the SB1504 Enrolled - 69 - LRB104 09130 KTG 19186 b 103rd General Assembly.
(y) Beginning on July 22, 2010 (the effective date of Public Act 96-1189), a child with a disability who receives residential and educational services from the Department shall be eligible to receive transition services in accordance with Article 14 of the School Code from the age of 14.5 through age 10400SB1504sam001 -70- LRB104 09130 KTG 23265 a 21, inclusive, notwithstanding the child's residential services arrangement.
(z) The Department shall access criminal history record information as defined as "background information" in this SB1504 Enrolled - 70 - LRB104 09130 KTG 19186 b subsection and criminal history record information as defined in the Illinois Uniform Conviction Information Act for each Department employee or Department applicant.
(i) Upon the request of the Department of Children and 10400SB1504sam001 -71- LRB104 09130 KTG 23265 a Family Services, conviction information obtained from the Illinois State Police as a result of a fingerprint-based criminal history records check of the Illinois criminal history records database and the Federal Bureau of Investigation criminal history records database concerning a Department employee or Department applicant.
(ii) Information obtained by the Department of SB1504 Enrolled - 71 - LRB104 09130 KTG 19186 b Children and Family Services after performing a check of the Illinois State Police's Sex Offender Database, as authorized by Section 120 of the Sex Offender Community Notification Law, concerning a Department employee or Department applicant.
"Department applicant" means an individual who has conditional Department full-time or part-time work, a contractor, an individual used to replace or supplement staff, an academic intern, a volunteer in Department offices or on Department contracts, a work-study student, an individual or entity licensed by the Department, or an unlicensed service provider who works as a condition of a contract or an agreement 10400SB1504sam001 -72- LRB104 09130 KTG 23265 a and whose work may bring the unlicensed service provider into contact with Department clients or client records.
7-1-25.) SB1504 Enrolled - 72 - LRB104 09130 KTG 19186 b (20 ILCS 505/35.10) Sec.
10400SB1504sam001 -73- LRB104 09130 KTG 23265 a (8) housing;
and SB1504 Enrolled - 73 - LRB104 09130 KTG 19186 b (14) childcare and parenting supports.
(3) Medical records, including, but not limited to, health passport, dental records, immunization records, name and contact information for all current medical, dental, and mental health providers, and a signed 10400SB1504sam001 -74- LRB104 09130 KTG 23265 a certification that the Department provided the youth with education on executing a healthcare power of attorney.
SB1504 Enrolled - 74 - LRB104 09130 KTG 19186 b (8) Immigration, citizenship, or naturalization documentation, if applicable.
(15) List of community resources with referral information, including the Midwest Adoption Center for search and reunion services for former youth in care, whether or not they were adopted, and the Illinois Chapter 10400SB1504sam001 -75- LRB104 09130 KTG 23265 a of Foster Care Alumni of America.
SB1504 Enrolled - 75 - LRB104 09130 KTG 19186 b If a court determines that a youth in care no longer requires wardship of the court and orders the wardship terminated and all proceedings under the Juvenile Court Act of 1987 respecting the youth in care finally closed and discharged, the Department shall ensure that the youth in care receives a copy of the court's order.
(1) The court may require any legal custodian or guardian of the person appointed under this Act to report periodically to the court or may cite the legal custodian or guardian into court and require the legal custodian, guardian, or the legal 10400SB1504sam001 -76- LRB104 09130 KTG 23265 a custodian's or guardian's agency to make a full and accurate report of the doings of the legal custodian, guardian, or agency on behalf of the minor.
The custodian or guardian, within 10 days after such citation, or earlier if the court determines it to be necessary to protect the health, safety, or welfare of the minor, shall make the report, either in writing verified by affidavit or orally under oath in open SB1504 Enrolled - 76 - LRB104 09130 KTG 19186 b court, or otherwise as the court directs.
However, custody of the minor shall not be restored to any parent, guardian, or legal custodian in any case in which the minor is found to be neglected or abused under Section 2-3 or dependent under Section 2-4 of this Act, unless the minor can be cared for at home without endangering the minor's health or safety and it is in the best interests of the minor, and if such neglect, abuse, or dependency is found by the court under paragraph (1) of Section 2-21 of this Act to have come about due to the acts or omissions or both of such parent, guardian, or legal custodian, until such time as an investigation is made as provided in paragraph (5) and a hearing is held on the issue of the fitness of such parent, guardian, or legal custodian to care for the minor and the court enters an order that such parent, guardian, or legal custodian is fit to care for the 10400SB1504sam001 -77- LRB104 09130 KTG 23265 a minor.
(2) in a psychiatric hospital past the time when the minor is clinically ready for discharge or beyond medical SB1504 Enrolled - 77 - LRB104 09130 KTG 19186 b necessity for the minor's health;
Within 20 days of the filing of the report, or as soon thereafter as the court's schedule allows but not more than 60 days from the date of placement, the court shall hold a hearing to consider the Department's report and determine whether placement of the 10400SB1504sam001 -78- LRB104 09130 KTG 23265 a child in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment and if the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan for the child.
If applicable, the requirements of Sections 2-27.1 and 2-27.2 SB1504 Enrolled - 78 - LRB104 09130 KTG 19186 b must also be met.
10400SB1504sam001 -79- LRB104 09130 KTG 23265 a (C) detailing the efforts made by the agency to prepare the child to return home or to be placed with a fit and willing relative, a legal guardian, or an adoptive parent, or in a foster family home;
SB1504 Enrolled - 79 - LRB104 09130 KTG 19186 b (E) detailing efforts to ensure the minor is engaged in age and developmentally appropriate activities to develop life skills, which may include extracurricular activities, coaching by caregivers, or instruction in individual or group settings.
The initial hearing shall be held (a) within 12 months from the date temporary custody was taken, regardless of whether an adjudication or dispositional hearing has been completed within that time frame, (b) if the parental rights of both parents have been terminated in accordance with the procedure described in subsection (5) of Section 2-21, within 30 days of the order for termination of parental rights and appointment 10400SB1504sam001 -80- LRB104 09130 KTG 23265 a of a guardian with power to consent to adoption, or (c) in accordance with subsection (2) of Section 2-13.1.
Once the SB1504 Enrolled - 80 - LRB104 09130 KTG 19186 b plan and goal have been achieved, if the minor remains in substitute care, the case shall be reviewed at least every 6 months thereafter, subject to the provisions of this Section, unless the minor is placed in the guardianship of a suitable relative or other person and the court determines that further monitoring by the court does not further the health, safety, or best interest of the child and that this is a stable permanent placement.
The public agency that is the custodian or guardian of the minor, or another agency responsible for the minor's care, shall ensure that all parties to the permanency hearings are provided a copy of the most recent service plan prepared within the prior 6 months at least 14 days in advance of the 10400SB1504sam001 -81- LRB104 09130 KTG 23265 a hearing.
(A) any special physical, psychological, educational, medical, emotional, or other needs of the minor or the minor's family that are relevant to a permanency or placement determination, and for any minor age 16 or over, SB1504 Enrolled - 81 - LRB104 09130 KTG 19186 b a written description of the programs and services that will enable the minor to prepare for independent living;
whether the child can be returned home without jeopardizing the child's health, safety, and welfare, what permanency goal is recommended to be in the 10400SB1504sam001 -82- LRB104 09130 KTG 23265 a best interests of the child, and the reasons for the recommendation.
(i) confirmation that the caseworker has discussed the permanency options and subsidies available for SB1504 Enrolled - 82 - LRB104 09130 KTG 19186 b guardianship and adoption with the minor's caregivers, the minor's parents, as appropriate, and has discussed the available permanency options with the minor in an age-appropriate manner;
(iv) if the minor is not currently in a placement that will provide permanency, identification of all persons presently willing and able to provide 10400SB1504sam001 -83- LRB104 09130 KTG 23265 a permanency to the minor through either guardianship or adoption, and beginning July 1, 2025, if none are available, a description of the efforts made in accordance with Section 2-27.3;
SB1504 Enrolled - 83 - LRB104 09130 KTG 19186 b The caseworker must appear and testify at the permanency hearing.
When the court finds that a parent has not made reasonable efforts or reasonable progress to date, the court shall 10400SB1504sam001 -84- LRB104 09130 KTG 23265 a identify what actions the parent and the Department must take in order to justify a finding of reasonable efforts or reasonable progress and shall set a status hearing to be held not earlier than 9 months from the date of adjudication nor later than 11 months from the date of adjudication during which the parent's progress will again be reviewed.
SB1504 Enrolled - 84 - LRB104 09130 KTG 19186 b If the court has determined that goals (A), (B), and (B-1) are not appropriate and not in the minor's best interest, the court may select one of the following goals:
10400SB1504sam001 -85- LRB104 09130 KTG 23265 a (iii) whether the minor is of sufficient age to remember the minor's parents and if the child values this familial identity;
(iv) whether the minor is placed with a relative, and beginning July 1, 2025, whether the minor is placed in a relative home as defined in Section 4d of the Children and Family Services Act or in a certified SB1504 Enrolled - 85 - LRB104 09130 KTG 19186 b relative caregiver home as defined in Section 2.36 of the Child Care Act of 1969;
(iii) whether the minor is of sufficient age to 10400SB1504sam001 -86- LRB104 09130 KTG 23265 a remember the minor's parents and if the child values this familial identity;
(iv) whether the minor is placed with a relative, and beginning July 1, 2025, whether the minor is placed in a relative home as defined in Section 4d of the Children and Family Services Act, in a certified relative caregiver home as defined in Section 2.36 of SB1504 Enrolled - 86 - LRB104 09130 KTG 19186 b the Child Care Act of 1969;
The services shall be documented in 10400SB1504sam001 -87- LRB104 09130 KTG 23265 a the service plan.
SB1504 Enrolled - 87 - LRB104 09130 KTG 19186 b In selecting any permanency goal, the court shall indicate in writing the reasons the goal was selected and why the preceding goals were deemed inappropriate and not in the child's best interest.
(3) The court has found compelling reasons, based on written documentation reviewed by the court, to 10400SB1504sam001 -88- LRB104 09130 KTG 23265 a place the minor in continuing foster care.
(b) the child exhibits an extreme level of SB1504 Enrolled - 88 - LRB104 09130 KTG 19186 b need such that the removal of the child from the minor's placement would be detrimental to the child;
and (5) The relative, certified relative caregiver, or foster parent currently caring for the child is willing and capable of providing the child with a 10400SB1504sam001 -89- LRB104 09130 KTG 23265 a stable and permanent environment.
SB1504 Enrolled - 89 - LRB104 09130 KTG 19186 b (A) Age of the child.
The court shall consider (i) the permanency goal contained 10400SB1504sam001 -90- LRB104 09130 KTG 23265 a in the service plan, (ii) the appropriateness of the services contained in the plan and whether those services have been provided, (iii) whether reasonable efforts have been made by all the parties to the service plan to achieve the goal, and (iv) whether the plan and goal have been achieved.
All evidence relevant to determining these questions, including oral and written reports, may be admitted and may be relied on SB1504 Enrolled - 90 - LRB104 09130 KTG 19186 b to the extent of their probative value.
If the permanency goal is to return home, the court shall make findings that identify any problems that are causing 10400SB1504sam001 -91- LRB104 09130 KTG 23265 a continued placement of the children away from the home and identify what outcomes would be considered a resolution to these problems.
The court shall review the Sibling Contact Support Plan SB1504 Enrolled - 91 - LRB104 09130 KTG 19186 b developed or modified under subsection (f) of Section 7.4 of the Children and Family Services Act, if applicable.
If the court finds that the plan is not in the minor's best interest, the court shall enter specific factual 10400SB1504sam001 -92- LRB104 09130 KTG 23265 a findings and order the Department to modify the plan consistent with the court's findings.
If, after receiving evidence, the court determines that the services contained in the plan are not reasonably SB1504 Enrolled - 92 - LRB104 09130 KTG 19186 b calculated to facilitate achievement of the permanency goal, the court shall put in writing the factual basis supporting the determination and enter specific findings based on the evidence.
Rights of wards of the court under this Act are enforceable against any public agency by complaints for relief 10400SB1504sam001 -93- LRB104 09130 KTG 23265 a by mandamus filed in any proceedings brought under this Act.
(2.5) If, after reviewing the evidence, including evidence from the Department, the court determines that the minor's current or planned placement is not necessary or appropriate to facilitate achievement of the permanency goal, the court shall put in writing the factual basis supporting its determination and enter specific findings based on the SB1504 Enrolled - 93 - LRB104 09130 KTG 19186 b evidence.
The Department shall notify others of the decision to change the minor's 10400SB1504sam001 -94- LRB104 09130 KTG 23265 a placement as required by Department rule.
(a) The future status of the minor, including the permanency goal, and any order necessary to conform the SB1504 Enrolled - 94 - LRB104 09130 KTG 19186 b minor's legal custody and status to such determination;
(iii) Whether the minor's current or planned placement is necessary, and appropriate to the plan and goal, recognizing the right of minors to the least restrictive (most family-like) setting available and in close proximity to the parents' home consistent with the health, safety, best interest, and special 10400SB1504sam001 -95- LRB104 09130 KTG 23265 a needs of the minor and, if the minor is placed out-of-state, whether the out-of-state placement continues to be appropriate and consistent with the health, safety, and best interest of the minor.
If the court sets a permanency goal of independence or if SB1504 Enrolled - 95 - LRB104 09130 KTG 19186 b the minor is 17 years of age or older, the court shall schedule a Successful Transition to Adulthood Review hearing in accordance with Section 2-28.2.
(b) The State's Attorney may file a motion to terminate parental rights of any parent who has failed to make reasonable efforts to correct the conditions which led to the removal of the child or reasonable progress toward the return of the child, as defined in subdivision 10400SB1504sam001 -96- LRB104 09130 KTG 23265 a (D)(m) of Section 1 of the Adoption Act or for whom any other unfitness ground for terminating parental rights as defined in subdivision (D) of Section 1 of the Adoption Act exists.
When parental rights have been terminated for a minimum of 3 years and the child who is the subject of the permanency hearing is 13 years old or older and is not SB1504 Enrolled - 96 - LRB104 09130 KTG 19186 b currently placed in a placement likely to achieve permanency, the Department of Children and Family Services shall make reasonable efforts to locate parents whose rights have been terminated, except when the Court determines that those efforts would be futile or inconsistent with the subject child's best interests.
Custody of the minor shall not be restored to any parent, guardian, or legal custodian in any case in which the minor is found to be neglected or abused under Section 2-3 or dependent under Section 2-4 of this Act, unless the minor can be cared for at home without endangering the minor's health or safety and it is in the best interest of the minor, and if such 10400SB1504sam001 -97- LRB104 09130 KTG 23265 a neglect, abuse, or dependency is found by the court under paragraph (1) of Section 2-21 of this Act to have come about due to the acts or omissions or both of such parent, guardian, or legal custodian, until such time as an investigation is made as provided in paragraph (5) and a hearing is held on the issue of the health, safety, and best interest of the minor and the fitness of such parent, guardian, or legal custodian to SB1504 Enrolled - 97 - LRB104 09130 KTG 19186 b care for the minor and the court enters an order that such parent, guardian, or legal custodian is fit to care for the minor.
When the court orders a child restored to the custody of the parent or parents, the court shall order the parent or 10400SB1504sam001 -98- LRB104 09130 KTG 23265 a parents to cooperate with the Department of Children and Family Services and comply with the terms of an after-care plan, or risk the loss of custody of the child and possible termination of their parental rights.
If the minor is being restored to the custody of a parent, SB1504 Enrolled - 98 - LRB104 09130 KTG 19186 b legal custodian, or guardian who lives outside of Illinois, and an Interstate Compact has been requested and refused, the court may order the Department of Children and Family Services to arrange for an assessment of the minor's proposed living arrangement and for ongoing monitoring of the health, safety, and best interest of the minor and compliance with any order of protective supervision entered in accordance with Section 2-24.
10400SB1504sam001 -99- LRB104 09130 KTG 23265 a (a) Any agency of this State or any subdivision thereof shall cooperate with the agent of the court in providing any information sought in the investigation.
(b) The information derived from the investigation and any conclusions or recommendations derived from the information shall be provided to the parent, guardian, or legal custodian seeking restoration of custody prior to SB1504 Enrolled - 99 - LRB104 09130 KTG 19186 b the hearing on fitness and the movant shall have an opportunity at the hearing to refute the information or contest its significance.
(a) The court shall conduct Successful Transition to Adulthood Review (STAR) hearings to review the Department's efforts to ensure the minor is provided with opportunities to engage in individualized future-focused planning towards adulthood, to develop age-appropriate daily living skills to 10400SB1504sam001 -100- LRB104 09130 KTG 23265 a live successfully as an adult, and if applicable, to be prepared to transition out of the care of the Department at age 21.
The minor's first STAR hearing shall be conducted SB1504 Enrolled - 100 - LRB104 09130 KTG 19186 b within 6 months of the minor qualifying for a STAR hearing.
(3) a description of the documents necessary for adult living as provided in Section 35.10 of the Children and Family Services Act that the minor has, the documents the minor continues to need, and the Department's plan to 10400SB1504sam001 -101- LRB104 09130 KTG 23265 a ensure the minor has such documents prior to case closure;
and (5) for youth who are likely to need a guardian as a SB1504 Enrolled - 101 - LRB104 09130 KTG 19186 b person with a disability, in accordance with Article XIa of the Probate Act of 1975, a description of the Department's efforts to obtain any necessary assessments.
(5) review the Department's efforts to ensure that the 10400SB1504sam001 -102- LRB104 09130 KTG 23265 a minor is aware of available supports and services post-case closure and how to access such supports and services;
SB1504 Enrolled - 102 - LRB104 09130 KTG 19186 b If the court finds that the youth-driven transition plan for the minor is not in the minor's best interest or will not be reasonably likely to result in the development of life skills necessary for adult living, the court shall make specific factual findings supporting its findings and order the Department to develop a new plan with the minor consistent with the court's findings.
(705 ILCS 405/2-33) 10400SB1504sam001 -103- LRB104 09130 KTG 23265 a Sec.
(a) wardship and guardianship under the Juvenile Court Act of 1987 was vacated in conjunction with the appointment of a private guardian under the Probate Act of SB1504 Enrolled - 103 - LRB104 09130 KTG 19186 b 1975;
or (iii) an order entered under subsection (3) of 10400SB1504sam001 -104- LRB104 09130 KTG 23265 a Section 2-31 based on the minor's attaining the age of 19 years before the effective date of this amendatory Act of the 101st General Assembly;
and SB1504 Enrolled - 104 - LRB104 09130 KTG 19186 b (c) it is in the minor's best interest that wardship be reinstated.
(4) A minor who is the subject of a petition to reinstate wardship under this Section shall be provided with 10400SB1504sam001 -105- LRB104 09130 KTG 23265 a representation in accordance with Sections 1-5 and 2-17 of this Act.
(a) Within 30 days of such commitment, prepare and SB1504 Enrolled - 105 - LRB104 09130 KTG 19186 b file with the court a case plan which complies with the federal Adoption Assistance and Child Welfare Act of 1980 and is consistent with the health, safety and best interests of the minor;
(1) The court may require any legal custodian or guardian of the person appointed under this Act, including the Department of Juvenile Justice for youth committed under 10400SB1504sam001 -106- LRB104 09130 KTG 23265 a Section 5-750 of this Act, to report periodically to the court or may cite the legal custodian or guardian into court and require the legal custodian or guardian, or the legal custodian's or guardian's agency, to make a full and accurate report of the doings of the legal custodian, guardian, or agency on behalf of the minor, including efforts to secure post-release placement of the youth after release from the SB1504 Enrolled - 106 - LRB104 09130 KTG 19186 b Department's facilities.
The petition shall state facts relative to the child's present condition of physical, mental and emotional health as well as facts relative to the minor's 10400SB1504sam001 -107- LRB104 09130 KTG 23265 a present custodial or foster care.
If the minor is in the custody of the Illinois Department SB1504 Enrolled - 107 - LRB104 09130 KTG 19186 b of Children and Family Services, pursuant to an order entered under this Article, the court shall conduct permanency hearings as set out in subsections (1), (2), (2.3), (2.4), and (3) of Section 2-28 of Article II of this Act and Successful Transition to Adulthood Review hearings as set out in Section 2-28.2 of Article II of this Act.
No legal custodian 10400SB1504sam001 -108- LRB104 09130 KTG 23265 a or guardian of the person may be removed without the legal custodian's or guardian's consent until given notice and an opportunity to be heard by the court.
SB1504 Enrolled - 108 - LRB104 09130 KTG 19186 b (a) a critical incident involving a youth committed to the Department;
or (d) if a report has been filed under paragraph (c) of 10400SB1504sam001 -109- LRB104 09130 KTG 23265 a this subsection, a supplemental report shall be filed every 6 months thereafter.
The notification required by this subsection (4) shall contain a brief description of the incident or situation and a summary of the youth's current physical, mental, and emotional health and the actions the Department took in response to the incident or to identify an aftercare release host site, as SB1504 Enrolled - 109 - LRB104 09130 KTG 19186 b applicable.
If the Department has no record regarding the appointment of a guardian for the minor, and the Department's records include the last known addresses of the minor's parents, the Independent Juvenile Ombudsperson shall 10400SB1504sam001 -110- LRB104 09130 KTG 23265 a send a notice to the parents that the report is available and will be provided by the Independent Juvenile Ombudsperson upon request.
Where this Act makes changes in a statute that is represented in this Act by text SB1504 Enrolled - 110 - LRB104 09130 KTG 19186 b that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.
This Act takes effect July 1, 2026.2026.".