HB 4966 — DCFS-SECURE ACT

The Department shall monitor the caregiver's and service providers' fulfillment of the caregiver's responsibilities andunder this subsection, document itthis information as part of the youth in HB4966 EngrossedEnrolled - 1415 - LRB104 20048 KTG 33499 b youth in care's case review and permanency hearing process required under this Act and report this information to the court as part of the Department's required efforts under Sections 2-27.2, 2-27.4, and 2-28 of the Juvenile Court Act of 1987, in a manner consistent with the Department's policy regarding documentation of a youth's sensitive identity information.

The Department shall examine the effectiveness of the demonstration projects in promoting the family reunification or the permanent placement of each client and shall report its findings to the General Assembly no later than 90 days after the end of the fiscal year in which any such HB4966 Engrossed - 15 - LRB104 20048 KTG 33499 b demonstration project is implemented.

HB4966 Enrolled - 16 - LRB104 20048 KTG 33499 b (c) The changes made to this Section by this amendatory Act of the 104th General Assembly apply on and after January 1, 2028.

(b) In placing a child under this Act, the Department shall place a child with a relative if the Department determines that the relative will be able to adequately HB4966 Engrossed - 16 - LRB104 20048 KTG 33499 b provide for the child's safety and welfare based on the HB4966 Enrolled - 17 - LRB104 20048 KTG 33499 b factors set forth in the Department's rules governing such placements, and that the placement is consistent with the child's best interests, taking into consideration the factors set out in subsection (4.05) of Section 1-3 of the Juvenile Court Act of 1987.

(1) The Department shall conduct an investigation in order to identify and locate all grandparents, parents of a sibling of the child, if the parent has legal custody of the sibling, adult siblings, other adult relatives of the child minor including any other adult relatives suggested by the parents, and, if it is known or there is reason to know the child is an Indian child, any extended family HB4966 Engrossed - 17 - LRB104 20048 KTG 33499 b members, as defined in Section 4 of the Indian Child HB4966 Enrolled - 18 - LRB104 20048 KTG 33499 b Welfare Act of 1978 (25 U.S.C.

The No later than July 1, 2025, the Department shall adopt rules setting forth specific criteria as to family finding and relative engagement efforts under this subsection (b) and HB4966 Engrossed - 18 - LRB104 20048 KTG 33499 b under Section 2-27.3 of the Juvenile Court Act of 1987, HB4966 Enrolled - 19 - LRB104 20048 KTG 33499 b including determining the manner in which efforts may or may not be appropriate, consistent with the best interests of the child.

The notice shall also include information regarding, adoption and subsidized guardianship assistance options, health care coverage for a child youth in care under the medical assistance program established under Article V of the Illinois HB4966Public EngrossedAid -Code, 19and -other LRB104options 20048for KTGcontact 33499with bHB4966 PublicEnrolled Aid- Code,20 and- otherLRB104 options20048 forKTG contact33499 withb the child minor, including, but not limited to, visitation.

If, pursuant to the Department's rules, any person files an administrative appeal of the Department's decision not to place a child with a relative, it is the Department's burden to HB4966 Engrossed - 20 - LRB104 20048 KTG 33499 b prove that the decision is consistent with the child's best HB4966 Enrolled - 21 - LRB104 20048 KTG 33499 b interests.

If the Department determines that an individual or a group of relatives are inappropriate to serve as visitation resources or possible placement resources, the Department shall document the basis of its determination, maintain the documentation in the child's case file, inform the identified relative of the relative's right to a reconsideration of the decision to deny visitation with the identified relative, provide the identified relative with a description of the reconsideration process established in accordance with subsection (o) of Section 5 of this Act, and report this information to the court in accordance with the requirements HB4966 Engrossed - 21 - LRB104 20048 KTG 33499 b of Section 2-27.3 of the Juvenile Court Act of 1987.

HB4966 Enrolled - 22 - LRB104 20048 KTG 33499 b When the Department determines that an individual or a group of relatives are appropriate to serve as visitation resources or possible future placement resources, the Department shall document the basis of its determination, maintain the documentation in the child's case file, create a visitation or transition plan, or both, and incorporate the visitation or transition plan, or both, into the child's case plan.

(A) The prospective relative caregiver and all other adults in the home must authorize and submit to a background screening that includes the components set forth in subsection (c) of Section 3.4 of the Child Care HB4966 Engrossed - 22 - LRB104 20048 KTG 33499 b Act of 1969.

If the results of a check of the Law HB4966 Enrolled - 23 - LRB104 20048 KTG 33499 b Enforcement Agencies Data System (LEADS) identifies a prior criminal conviction of (i) the prospective relative caregiver for an offense not prohibited under subsection (c) of Section 3.4 of the Child Care Act of 1969 or (ii) any other adult in the home for a felony offense, the Department shall thoroughly investigate and evaluate the criminal history, including an assessment of the person's character and the impact that the criminal history has on the prospective relative caregiver's ability to parent the child.

(B) The home safety and needs assessment requirements set forth in paragraph (1) of subsection (b) of Section HB4966 Engrossed - 23 - LRB104 20048 KTG 33499 b 3.4 of the Child Care Act of 1969 are satisfied.

HB4966 Enrolled - 24 - LRB104 20048 KTG 33499 b (C) The prospective relative caregiver is able to meet the physical, emotional, medical, and educational needs of the specific child or children being placed by the Department.

In rejecting placement of a child with an identified relative, the Department shall (i) ensure that the HB4966child's Engrossedhealth, -safety, 24and -best LRB104interests 20048are KTGmet, 33499(ii) bHB4966 child'sEnrolled health,- safety,25 and- bestLRB104 interests20048 areKTG met,33499 (ii)b inform the identified relative of the relative's right to reconsideration of the decision and provide the identified relative with a description of the reconsideration process established in accordance with subsection (o) of Section 5 of this Act, (iii) report that the Department rejected the relative placement to the court in accordance with the requirements of Section 2-27.3 of the Juvenile Court Act of 1987, and (iv) report the reason for denial in accordance with Section 46 of this Act.

The Department shall assess the prospective caregivers' or prospective adoptive parents' ability to meet the child's specific needs for safety, well-being, and supportive care, as defined in subsection (b) of Section 7.29.7.29 and the Department shall document the basis of its determination in the child's case file.

The prospective caregivers or prospective adoptive parents shall expressly HB4966 Enrolled - 26 - LRB104 20048 KTG 33499 b commit that they will comply with Sections 6a, HB49667, Engrossed7.29, -and 257.30 -and LRB104the 20048Department KTGshall 33499document bthis 7,in 7.29,the andchild's 7.30.case file.

(i) the rights of a child to be free from discrimination or to receive care consistent with the protections guaranteed under State and federal law, (ii) the Department's obligation to act in the best interests of a HB4966 Enrolled - 27 - LRB104 20048 KTG 33499 b child, or (iii) the Department's obligation to pursue reunification with a parent when the permanency goal is return HB4966 Engrossed - 26 - LRB104 20048 KTG 33499 b home.

HB4966 Enrolled - 28 - LRB104 20048 KTG 33499 b (Source:

7-1-25.) HB4966 Engrossed - 27 - LRB104 20048 KTG 33499 b (20 ILCS 505/7.29 new) Sec.

(1) When the State of Illinois, through the Department of Children and Family Services, removes a youth from the care of a parent or guardian and assumes legal custody of that youth, the State undertakes ana affirmativeduty and non-delegableaffirmative dutyobligation to other states to safeguard the youth's safety, well-being, dignity, developmental interests, and fundamental rights.rights, and that ultimate duty and obligation cannot be delegated to other states.

The State's duty to protect youth in its care is continuous and is not extinguished by placement with foster parents, relative caregivers, or contracted service providers.

(3) Youth under the Department's care are entitled to supportive care, services, and treatment free from HB4966 Enrolled - 29 - LRB104 20048 KTG 33499 b discrimination, arbitrary decision-making, and unequal protection.

The vulnerability inherent in State custody requires heightened attention to fairness, neutrality, and HB4966 Engrossed - 28 - LRB104 20048 KTG 33499 b the protection of individualthese youth's rights.

"Protected"Placement characteristic"provider" means anya characteristictype includedof inservice provider that provides the definitionyouth's ofresidence unlawfuland discriminationdaily ascare, definedincluding, inbut Sectionnot 1-103limited ofto, thea Illinoisresidential Humantreatment Rightscenter, Act,group including,home, butor notchild limitedcare to,institution actualunder orthe perceivedChild race,Care color,Act religion,of sex,1969 sexualor orientation,a gender-relatedsimilar identity,setting nationallicensed origin,in ancestry,accordance disability,with pregnancy,the reproductivelaws healthof decisions,another orstate maritalin status.which that youth is placed.

"Service"Placement provider" meansdoes annot entitymean providing services or care for youth on behalf of the Department in accordance with a contract,"caregiver" grantas agreement,defined or purchase-of-service agreement or any other entity subcontracted or otherwise engaged in thethis furtheranceAct. of those services.

"Supportive"Protected care"characteristic" means Department,any servicecharacteristic provider,included andin HB4966the Engrosseddefinition -of 29unlawful -discrimination LRB104as 20048defined KTGin 33499Section b1-103 caregiverof practicesthe thatIllinois areHuman supportiveRights ofAct, andHB4966 responsiveEnrolled to- a30 youth's- livedLRB104 experience,20048 needs,KTG and33499 protectedb characteristicsincluding, andbut do not subjectlimited theto, youthactual toor rejectionperceived orrace, hostilitycolor, basedreligion, on,sex, orsexual coerciveorientation, effortsgender toidentity, change,national aorigin, protectedancestry, characteristic.disability, pregnancy, reproductive health decisions, or marital status.

"Service provider" means a person, governmental unit, agency, organization, or body providing services or care for youth on behalf of the Department under a contract, grant agreement, or any other agreement or any other person, governmental unit, agency, organization, or body subcontracted or otherwise engaged in the furtherance of those services.

A service provider does not include an attorney representing a child.

"Supportive care" means Department, service provider, and caregiver practices that are supportive of and responsive to a youth's lived experience, needs, and protected characteristics and do not subject the youth to rejection or hostility based on, or coercive efforts to change, a protected characteristic.

(1) cooperate and support services, care planning, and placements that are consistent with the youth's health, HB4966 Enrolled - 31 - LRB104 20048 KTG 33499 b safety, well-being, and best interests;

(A) demeans, harasses, rejects, intentionally disregards, discriminates against, or retaliates against a youth based on a youth's protected HB4966 Engrossed - 30 - LRB104 20048 KTG 33499 b characteristic or characteristics;

(C) discloses or compels disclosure of a youth's sensitive identity information, without the youth's expressed consent, consistent with Department policy regarding documentation of sensitive identity information.information, and contrary to the terms of Section 5g.

(A) exclude a youth from participation in, deny a youth the benefits of, or subject a youth to discrimination under any program or activity based on HB4966 Enrolled - 32 - LRB104 20048 KTG 33499 b that youth's protected characteristic or characteristics;

(1) IfUnless athe youth does not affirmatively expressexpresses support for being placed or remaining placed with a caregiverplacement whoand HB4966that Engrossedplacement -otherwise 31meets - LRB104 20048 KTG 33499 b does not expressly commit to comply with the conductplacement obligationsrequirements of this Section or7 aand caregiver who committed conduct that violates the conductapplicable requirementslicensing of subsection (d) or isapproval prohibitedstandards, under subsection (e), the Department shall not determine it is in thea youth's best interest to be placed or remain placed with thisa caregiverplacement andprovider the Department shall decline to place or maintaincaregiver placementthat: for the youth based on the caregiver's inability to meet the required conduct obligations under this Section.

The(i) Departmentwill shall not discloseexpressly acommit youth'sto lackcomply ofwith affirmative expressed support to the prospectiveconduct orobligations currentof caregiver.this Section;

If a youth affirmatively expresses support for being placed or remaining(ii) placedviolates with a caregiver who does not expressly commit to comply with the conduct obligationsrequirements underof thissubsection Section(d) or acommits caregiver who committed conduct that violates the conduct required under subsection (d) or is prohibited under subsection (e),(e). and the Department determines that such placement is in the youth's best interest, the Department may place the youth with this caregiver.

(2)The IfDepartment ashall provide youth is placed or remains placed with a caregiver in suchthese circumstances as permitted under paragraph (1), the Departmentopportunity shallto documentexpress theor youth'swithhold affirmativetheir expression of support for placementthe withplacement. this caregiver using age-appropriate and developmentally appropriate methods, including, but not limited to:

If the youth does not affirmatively express support, as required for placement under this paragraph, the Department shall decline to place or maintain placement HB4966 EngrossedEnrolled - 3233 - LRB104 20048 KTG 33499 b interviews,for writtenthe statements,youth structuredbased surveys,on clinicalthe evaluationsplacement provider's or consultations,caregiver's drawings,inability orto guidedmeet play.the required conduct obligations under this Section.

The Department shall not disclose a youth's lack of affirmative expressed support to the prospective or current placement provider or caregiver.

(2) If a youth is placed or remains placed with a placement provider or caregiver in such circumstances as permitted under paragraph (1), the Department shall document the youth's affirmative expression of support for placement with this placement provider or caregiver using age-appropriate and developmentally appropriate methods, including, but not limited to:

interviews, written statements, structured surveys, clinical evaluations or consultations, drawings, or guided play.

Actions taken in accordance with the good-faith exercise of clinical judgment by a licensed professional, or actions necessary to address immediate risk of serious harm to youth or others, HB4966 Enrolled - 34 - LRB104 20048 KTG 33499 b shall not constitute a violation of this Section, provided that such actions are not based on bias against a protected characteristic, are narrowly tailored to address the identified risk, and are documented in the youth-specific record, consistent with Department policy regarding documentation of sensitive identity information.

(h) LicensureCompliance as a requirement for caregivers and contractservice conditions.providers.

Compliance with this Section is a condition of obtainingserving andas maintaininga licensure,caregiver approval,or andservice continuedprovider eligibilityfor to provide care under this Act and the Child Care Act of 1969 and shall be a conditionparticular ofyouth anyas contract,required grant,by orthat purchase-of-serviceyouth's agreementbest withinterest. the Department, including subcontractors.

HB4966This EngrossedSection -shall 33not -be LRB104construed 20048to KTGestablish 33499independent blicensure (i)criteria Violationsunder andthe enforcement.Child Care Act of 1969.

(1)(i) ViolationsEnforcement. of this Section may result in corrective action, license suspension or revocation, contract termination, removal of a youth, enhanced monitoring, placement holds, or other remedies authorized by law.

(2)(1) AnyWhen known,a alleged,caregiver or suspectedservice violationprovider offails ato statutorycomply requirementwith the requirements of this Section shall immediately be reported to thecare Department'sfor Officea ofspecific theyouth, Inspector General, the courtDepartment presidingmay overtake theappropriate youth'saction caseauthorized inby accordancelaw, withincluding, thebut Juvenilenot Courtlimited Actto, ofplacement 1987,changes and theenhanced youth'smonitoring. attorney and guardian ad litem.

No enforcement action under this paragraph shall be construed as a decision regarding licensure under the Child Care Act of 1969.

(2) Any known, alleged, or suspected violation of a statutory requirement of this Section shall immediately be reported to the Department's Office of the Inspector General, the court presiding over the youth's case in accordance with the Juvenile Court Act of 1987, and the HB4966 Enrolled - 35 - LRB104 20048 KTG 33499 b youth's attorney and guardian ad litem.

HB4966 Engrossed - 34 - LRB104 20048 KTG 33499 b (j) Mandatory disclosure of rights and enforcement options.

and HB4966 Enrolled - 36 - LRB104 20048 KTG 33499 b (5) the contact information for and procedures by which the youth can report alleged violations described in accordance with paragraph (4) to the Department's Inspector General, the Department's licensing division, orand the court presiding over the youth's case in accordance with the Juvenile Court Act of 1987.

HB4966 Engrossed - 35 - LRB104 20048 KTG 33499 b (2) Nothing in this Section shall be construed to:

(3) Nothing in this Section shall be construed to limit or HB4966 Enrolled - 37 - LRB104 20048 KTG 33499 b diminish:

No later than HB4966 Engrossed - 36 - LRB104 20048 KTG 33499 b January 1, 2028, the Department shall adopt such rules.

(n) The provisions underof subsections (a), (b), (c), and (l) apply on and after July 1, 2027 and the provisions of subsections (d), (e), (f), (g), (h), (i), (j), (k), and (k)(m) apply on and after January 1, 2028.

HB4966 Enrolled - 38 - LRB104 20048 KTG 33499 b (20 ILCS 505/7.30 new) Sec.

HB4966 Engrossed - 37 - LRB104 20048 KTG 33499 b (4) It is the policy of this State to ensure that all youth in the care of the Department receive the full measure of protections, rights, and services guaranteed under Illinois law, regardless of where the youth is placed by the Department.

(5) The General Assembly intends to protect the rights of youth placed by the Department outside the State of Illinois and require the Department to take affirmative steps to protect these youth when they are the subjects of HB4966 Enrolled - 39 - LRB104 20048 KTG 33499 b a pending case under the Juvenile Court Act of 1987.

This includes communications necessary to effectuate such servicesservices, for youth placed outside the State of Illinois.

HB4966 Engrossed - 38 - LRB104 20048 KTG 33499 b "Risk of adverse action" means a loss of a protection available under Illinois law that would otherwise be available to a youth if not for the placement of a youth outside the physical boundaries of the State of Illinois that can be reasonably predicted to have the effect of one or more of the following:

HB4966 Enrolled - 40 - LRB104 20048 KTG 33499 b depriving a youth of access to health care, including mental health care, that is lawful in the State of Illinois;

"Sexual orientation change efforts" means any mental health practices or treatments that seek to change an individual's sexual orientation, as defined by subsection (O-1) of Section 1-103 of the Illinois Human Rights Act, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or HB4966 Engrossed - 39 - LRB104 20048 KTG 33499 b feelings toward individuals of the same sex.

"Sexual orientation change efforts" does not include counseling or mental health services that provide acceptance, support, and understanding of a person without seeking to change sexual orientation or mental health services that facilitate a person's coping, social support, and gender identity exploration and development, including sexual orientation neutral interventions to prevent or address unlawful conduct or unsafe sexual practices, without seeking to change sexual HB4966 Enrolled - 41 - LRB104 20048 KTG 33499 b orientation.

(c) The Department shall not determine that an interstate placement of youth age 8 and older is in a youth's best interests if:

The Department shall document the youth's preference regarding being placed in or remaining in an interstate placement using age-appropriate and developmentally HB4966 Engrossed - 40 - LRB104 20048 KTG 33499 b appropriate methods, including, but not limited to:

After affirmatively expressing the youth's preference for being placed or remaining placed in the interstate placement, the youth maintains the right to withdraw support or opposition at any time and the Department has an ongoing obligation to monitor whether the youth continues or withdraws HB4966 Enrolled - 42 - LRB104 20048 KTG 33499 b support.

(1) Prior to interstate placement of a youth age 8 or HB4966 Engrossed - 41 - LRB104 20048 KTG 33499 b older outside the State of Illinois, the Department shall conduct an individualized assessment of the suitability and risks of adverse action posed by the proposed placement for the specific youth.

If the interstate placement of a youth age 8 or older on and after January 1, 2028, occurred before January 1, 2028 and that youth remains in the Department's care on and after February 1, 2028, the Department shall complete this initial HB4966 Enrolled - 43 - LRB104 20048 KTG 33499 b assessment on or before February 1, 2028 and begin monitoring and reassessment of suitability and risk of adverse action as provided under this Section while the youth remains in an interstate placement.

If a youth is placed in an interstate placement before turning age 8,8 and the youth remains in the custody of the Department, the Department shall commence this initial assessment within 30 days of the youth reaching age 8 and begin monitoring and reassessment of suitability and risk of adverse action as provided under this Section while the youth remains in that placement.

(C) whether the laws and regulations in the placement jurisdiction may limit or interfere with access to care or services that would be lawful under Illinois law, including, but not limited to, HB4966 Engrossed - 42 - LRB104 20048 KTG 33499 b reproductive health care as defined in Section 1-10 of the Reproductive Health Act, lawful health care as defined in Section 28-10 of the Lawful Health Care Activity Act, a youth's authority to consent to care under Sections 1, 3, 4, and 5 of the Consent by Minors HB4966 Enrolled - 44 - LRB104 20048 KTG 33499 b to Health Care Services Act, the privacy protections afforded to youth under the Mental Health and Developmental Disabilities Confidentiality Act, birth control services and information available to youth under the Birth Control Services to Minors Act, and the ability of youth to request and receive outpatient counseling services and psychotherapy under the Mental Health and Developmental Disabilities Code;

HB4966 Engrossed - 43 - LRB104 20048 KTG 33499 b The Department shall document the assessment in the youth-specific record, including the basis for the placement, the Department's determination that the placement is or is not in the youth's best interest, the assessment of protections available, risk of adverse HB4966 Enrolled - 45 - LRB104 20048 KTG 33499 b action, and the specific actions taken or to be taken, if any, including protective measures to mitigate against any risk of adverse action, as determined by the Department, and report this information to the court as required under Sections 2-27.2, 2-27.4, and 2-28 of the Juvenile Court Act of 1987, in a manner consistent with Department policy regarding documentation of sensitive identity information.

If the Department places a youth under age 8 out-of-state, the Department shall begin to report this information to the court as part of the Department's required efforts under Sections 2-27.2 and 2-27.4 and at permanency hearings under Section 2-28 of the Juvenile Court Act of 1987, in a manner consistent with Department policy regarding documentation of sensitive identity information, when the youth reaches the HB4966 Engrossed - 44 - LRB104 20048 KTG 33499 b age of 8.

If the Department plans to HB4966 Enrolled - 46 - LRB104 20048 KTG 33499 b move the youth to the interstate placement within 10 days after the finalization of the assessment, the Department shall provide the copy of the assessment to the youth's attorney or guardian ad litem immediately upon completion.

(i) determines that the placement is in the youth's best interest, (ii) documents that the youth affirmatively expresses support for the placement, as required by this Section, (iii) the youth has been sufficiently advised of the diminished protections available and the risk of action these diminished protections pose in light of the youth's specific circumstances, and (iv) the youth has been provided the opportunity to consult with the attorney appointed to represent the youth under the Juvenile Court Act of 1987.

HB4966The Engrossed - 45 - LRB104 20048 KTG 33499 b If a youth who is affirmatively expressing support for placement despite the unmitigated risk of adverse action is not already represented by an attorney, the Department shall notifyinform the courtyouth hearingthat the youth'syouth casehas in accordance with the Juvenileright Courtto Actexpress ofor 1987withhold thatsupport an attorney for theplacement youth should be appointed in accordancethese withcircumstances. subsection (a-5) of Section 2-27.2 or subsection (c) of Section 2-27.4 of the Juvenile Court Act of 1987.

If a youth who is affirmatively expressing support for placement despite the unmitigated risk of adverse action is not already represented by an attorney, the Department HB4966 Enrolled - 47 - LRB104 20048 KTG 33499 b shall notify the court hearing the youth's case in accordance with the Juvenile Court Act of 1987 that an attorney for the youth should be appointed in accordance with subsection (a-5) of Section 2-27.2 or subsection (c) of Section 2-27.4 of the Juvenile Court Act of 1987.

IfThe theDepartment youthshall indicatesinform that the youth doesthat not support remaining in the interstateyouth placementhas because there is unmitigated risk of adverse action in light of the youth'sright specific circumstances, the Department shall intervene by HB4966 Engrossed - 46 - LRB104 20048 KTG 33499 b returning the youth to Illinoisexpress or identifyingwithhold alternativesupport placementfor options that comport with the requirementsplacement ofin thisthese Section,circumstances. consistent with the youth's best interests.

If the youth indicates that the youth does not support remaining in the interstate placement because there is unmitigated risk of adverse action in light of the youth's specific circumstances, the Department shall intervene by HB4966 Enrolled - 48 - LRB104 20048 KTG 33499 b returning the youth to Illinois or identifying alternative placement options that comport with the requirements of this Section, consistent with the youth's best interests.

(i) the Department determines that the placement is in the youth's best interest, (ii) the Department documents that the youth affirmatively expresses support for the placement, as required by this Section, (iii) the youth has been sufficiently advised of the diminished protections available and the risk of adverse action these diminished protections pose in light of the youth's specific circumstances, and (iv) the youth has been provided the opportunity to consult with the attorney appointed to represent the youth under the Juvenile Court Act of 1987.

The Department shall provide notice to the court in a manner HB4966 EngrossedEnrolled - 4749 - LRB104 20048 KTG 33499 b in a manner consistent with Department policy regarding documentation of sensitive identity information.

(e) Ongoing duty for Illinois-based caseworker contact andto monitoringmonitor risk of interstateadverse placement.action.

(A) direct communication, in person or via videoconferencing, with the youth at intervals consistent with Department policy, but not less frequently than once per month in a manner that HB4966 EngrossedEnrolled - 4850 - LRB104 20048 KTG 33499 b permits the youth to speak freely, without the undue influence of others and outside the presence of the caregiver, about the youth's needs and concerns related to health, safety, and well-being;

(B) in-personin person visits at intervals consistent with Department policy based on the youth's placement type and level of need but not less than twice a year for approved foster placements and relative caregivers and not less than quarterly for residential or qualified residential treatment program placements, completed by Department-designated qualified staff;

Caseworker contact required under this HB4966 EngrossedEnrolled - 4951 - LRB104 20048 KTG 33499 b subsection shall be documented in the case record and reported to the court at permanency hearings as required under Section 2-28 of the Juvenile Court Act of 1987, in a manner consistent with Department policy regarding documentation of sensitive identity information.

Nothing in subparagraph (B) shall be construed to require Department employees to incur personal expense to fulfill in-person visits, as required by this subsection.

The Department shall provide advance payment of all reasonable and necessary expenses associated with conducting required in-person visits, as indicated in this subsection.

The Department shall document such reassessments in the youth'syouth-specific case-specific record and include the reassessments in the youth's service plan, in a manner consistent with Department policy regarding documentation of sensitive identity information.

(3) The Department shall also confirm whether thea youth affirmatively supports remaining in the interstate placement if either the:

(A) Department's ongoing monitoring and HB4966 Engrossed - 50 - LRB104 20048 KTG 33499 b reassessment required under this subsection finds that the interstate placement poses risk of adverse action relevant to the youth's specific circumstances and that risk of adverse action cannot be sufficiently and effectively mitigated for the youth's specific circumstances, as determined by the Department, while the youth remains in the interstate placement, as HB4966 Enrolled - 52 - LRB104 20048 KTG 33499 b required under this Section;

IfThe theDepartment youthshall noinform longer affirmatively expresses support for remaining in the interstateyouth placement,that the Departmentyouth shallhas intervene by returning the youthright to Illinoisexpress or identifyingwithhold alternativesupport placementfor options that comport with the requirementsplacement ofin thisthese Section,circumstances. consistent with the youth's best interests.

If the youth does not affirmatively express support for remaining in the interstate placement, the Department shall intervene by returning the youth to Illinois or identifying alternative placement options that comport with the requirements of this Section, consistent with the youth's best interests.

(i) the Department determines it is in the youth's best interest, HB4966 Engrossed - 51 - LRB104 20048 KTG 33499 b (ii) the Department documents that the youth affirmatively expresses support for the placement, as required by this Section, (iii) the youth has been sufficiently advised of the diminished protections available and the risk of adverse action these diminished protections pose in light of the HB4966 Enrolled - 53 - LRB104 20048 KTG 33499 b youth's specific circumstances, and (iv) the youth has been provided the opportunity to consult with the attorney appointed to represent the youth under the Juvenile Court Act of 1987.

instead, HB4966 Engrossed - 52 - LRB104 20048 KTG 33499 b the Department's analysis and any revisions to the initial assessment may be documented in the format of a case note.

(f) Protection of Department employees and service providerproviders. employees.

No employee of the Department or a service provider responsible for coordination of lawful health care shall be HB4966 Enrolled - 54 - LRB104 20048 KTG 33499 b subject to discipline, retaliation, adverse employment action, civil liability, or criminal liability solely for the coordination of lawful health care for a youth in an interstate placement, when such coordination is undertaken in good faith and within the scope of the employee's or agent'sservice provider's official duties in accordance with Sections 7.29 and 7.30.

To the fullest extent State and federal law permit, the Department shall not cooperate with or provide assistance to any out-of-state investigation, enforcement action, subpoena, or request that seeks to impose civil, criminal, or professional penalties on an employee or service provider based solely on the coordination of lawful health care.

A known, alleged, or suspected violation of a statutory requirement in this Section constitutes a significant event and requires a significant event report by the Department as defined in Section 35.1 of this Act and paragraph (14.2) of Section 1-3 of the Juvenile HB4966 Engrossed - 53 - LRB104 20048 KTG 33499 b Court Act of 1987.

(h) The Department shallretains retain authority, as guardian, to consent to and authorize health care for youth in accordance with Illinois law and applicable court orders.

This authority applies regardless of the youth's physical location, including HB4966 Enrolled - 55 - LRB104 20048 KTG 33499 b when a youth is placed in a residential, hospital, or other interstate placement setting, unless a court of competent jurisdiction grants such authority to another guardian or parent.

(i) The requirements of this Section apply to all interstate placements.placements of youth age 8 and older.

HB4966 Engrossed - 54 - LRB104 20048 KTG 33499 b (2) Nothing in this Section shall be construed to limit or diminish:

(ii) HB4966 Enrolled - 56 - LRB104 20048 KTG 33499 b the Department's obligation to comply with subsection (o) of Section 5 of this Act or rules and procedures developed in accordance with that subsection (o), Section 2-27.2 and subsection (2.5) of Section 2-28 of the Juvenile Court Act of 1987, and applicable provisions of the Interstate Compact on the Placement of Children;

Public transparency and accountability HB4966 Engrossed - 55 - LRB104 20048 KTG 33499 b reporting.

(a) Beginning January 1, 2029,2028, and annually every January 1 thereafter, the Department shall post onthe itsfollowing website data fromon theits precedingwebsite: State fiscal year regarding:

HB4966 Enrolled - 57 - LRB104 20048 KTG 33499 b (1) The following information for each youth placed out-of-state:out-of-state during the preceding fiscal year:

age, gender, type of placement (relative, foster home, adoptive home, institution, detention, residential treatment center, or any other type of placement), and the name of the state in which the youth is placed.

(2) A list of the significantout-of-state eventresidential reportstreatment centers that the Department receivedapproved reportingfor allegeduse orduring knownthe statutorylast violationsfiscal ofyear Sectionor 7.29makes withplacement areferrals briefto, descriptionincluding of the naturename of eachthe significantcenter, event,the summarizedstate in awhich manner that protects the youth'scenter identityis fromlocated, being revealed, and whether the significantcenter eventis involved the conduct of the Department or a servicesecure provider.facility.

(3)(b) TheBeginning numberJanuary of1, youth2029, reviewedand underannually subsectionevery (1.3)January of1 Sectionthereafter, 2-28the ofDepartment shall post on its website data from the Juvenilepreceding CourtState Actfiscal ofyear 1987.regarding:

For(1) eachA youthlist reviewed,of the significant event reports the Department received reporting alleged, suspected, or known statutory violations of Section 7.29 with a brief description of the allegednature violation,of each significant event, summarized in a manner that protects the youth's identity from being revealed, and whether the court'ssignificant determinationevent asinvolved tothe whetherconduct of the Department or a violationservice occurred.provider.

(4)(2) A list of the significant event reports the Department received reporting allegedalleged, suspected, or known statutory violations of Section 7.30 with a brief HB4966 Enrolled - 58 - LRB104 20048 KTG 33499 b description of the nature of each significant event, summarized in a manner HB4966 Engrossed - 56 - LRB104 20048 KTG 33499 b that protects the youth's identity from being revealed, and whether the significant event involved the conduct of the Department or a service provider.

(5)(3) A list of the enforcement actions taken by the Department under Section 8.1b of the Child Care Act of 1969 with a brief description of the type of conduct addressed, summarized in a manner that protects the youth's identity from being revealed, and the type of enforcement action taken by the Department.

(6) The numberDepartment shall include a description of youththe appointedmethodology legalthe counselDepartment forused purposesto ofcollect the data for subsections (d)(a) and (e)(b), indicate whether the Department had any difficulties collecting the data, and indicate whether there are concerns about the validity of Sectionthe 7.30.data.

TheIf Departmentany shallof includethe adata descriptionelements ofrequired theto methodologybe thedisclosed Departmentunder usedthis Section could reasonably be linked to collectan theidentified dataor foridentifiable paragraphsyouth (1)in throughcombination (6),with indicatethe whetherother information due to small sample size, the Department hadshall anyexclude difficultiesthe collectingdata theelements data,that andcould indicatebe whetherused thereto areidentify concernsthe aboutyouth or compromise the validityyouth's ofsafety and report that the data.specific data element was excluded for this reason.

If(c) anyPerformance ofaudits. the data elements required to be disclosed under this Section could reasonably be linked to an identified or identifiable youth in combination with the other information due to small sample size, the Department shall exclude the data elements that could be used to identify the youth and report that the specific data element was excluded for this reason.

(b)On Performanceor audits.after January 1, 2031, the Auditor General shall commence a performance audit of the Department to determine whether the Department is meeting the HB4966 Enrolled - 59 - LRB104 20048 KTG 33499 b requirements established by this amendatory Act of the 104th General Assembly in Sections 5g, 6a, 7, 7.29, 7.30, and 35.5 of this Act, Section 8.1b of the Child Care Act of 1969, and Sections 2-27.2, 2-27.4, 2-28, and 5-745 of the Juvenile Court Act of 1987.

Three years after the effective date of this amendatory Act of the 104th General Assembly, the Auditor General shall commence a performance audit of the Department to determine whether the Department is meeting the HB4966 Engrossed - 57 - LRB104 20048 KTG 33499 b requirements established by this amendatory Act of the 104th General Assembly in Sections 5g, 6a, 7, 7.29, 7.30, and 35.5 of this Act, Section 8.1b of the Child Care Act of 1969, and Sections 2-27.2, 2-27.4, and 2-28 of the Juvenile Court Act of 1987.

(c)(d) The provisions of this Section apply on and after January 1, 2028.

(a) The Governor shall appoint, and the Senate shall confirm, an Inspector General who shall have the authority to conduct investigations into allegations of or incidents of possible misconduct, misfeasance, malfeasance, or violations of rules, procedures, or laws by any employee, foster parent, HB4966 EngrossedEnrolled - 5860 - LRB104 20048 KTG 33499 b service provider, or contractor of the Department of Children and Family Services, except for allegations of violations of the State Officials and Employees Ethics Act which shall be referred to the Office of the Governor's Executive Inspector General for investigation.

The Inspector General shall also make recommendations to the Director concerning measures to be taken to remediate harm caused to a youth who experienced harm due to conduct violating a requirement in Section 7.29,7.29 or 7.30, including, but not limited to, the provision of remedial services or other remedies available under law or equity.

The Inspector General shall investigate reports involving conduct alleged to violate a minor's rights under Section 7.29 or 7.30 and make findings as to whether the violation can be substantiated.

The Director shall provide a written response to the Inspector General indicating the status of (i) any sanctions or disciplinary actions against employees or providers of service involving any investigation HB4966 Enrolled - 61 - LRB104 20048 KTG 33499 b subject to review and (ii) any service provision or remedial remediesmeasures recommended by the Inspector General to address harm to a youth impacted by a violation of Section 7.29.7.29 or 7.30.

In any HB4966 Engrossed - 59 - LRB104 20048 KTG 33499 b case, information included in the reports to the Inspector General and Department responses shall be subject to the public disclosure requirements of the Abused and Neglected Child Reporting Act;

however, any public disclosure pertaining to violations of SectionSections 7.29 or 7.30 shall be limited to information that cannot reasonably be linked to an identified or identifiable child in combination with other information, data sets, or sources.

HB4966 Enrolled - 62 - LRB104 20048 KTG 33499 b (b) The Inspector General shall have access to all information and personnel necessary to perform the duties of the office.

To minimize duplication of efforts, and to assure HB4966 Engrossed - 60 - LRB104 20048 KTG 33499 b consistency and conformance with the requirements and procedures established in the B.H.

The Inspector General may seek the assistance of the Attorney HB4966 Enrolled - 63 - LRB104 20048 KTG 33499 b General or any of the several State's Attorneys in imposing sanctions.

(e) The Inspector General shall at all times be granted HB4966 Engrossed - 61 - LRB104 20048 KTG 33499 b access to any foster home, facility, or program operated for or licensed or funded by the Department.

(h)(h)(1) The Inspector General shall provide to the General Assembly and the Governor, no later than January 1 of each HB4966 Enrolled - 64 - LRB104 20048 KTG 33499 b year, a summary of reports and investigations made under this Section for the prior fiscal year.

The summaries shall detail the imposition of sanctions and the final disposition of those HB4966 Engrossed - 62 - LRB104 20048 KTG 33499 b recommendations.

ForThe investigationssummaries involvingshall violationsnot ofcontain Sectionany 7.29,confidential or identifying information concerning the summariessubjects shallof detail:the reports and investigations.

The summaries also shall include detailed recommended administrative actions and matters for consideration by the General Assembly.

(2) As it pertains to the annual summary of reports and investigations required under paragraph (1), for reports received on or after January 1, 2028, the Inspector General shall:

(A) disclose the number of investigations commenced involving allegations that conduct occurred that violated a minor's rights under Section 7.29 or 7.30;

(B) disclose the number of those investigations that resulted in the Inspector General substantiating a finding that such conduct occurred;

and (C) for those investigations resulting in a substantiated finding by the Inspector General, the summaries provided shall detail:

(iv) the final disposition of investigative HB4966 Enrolled - 65 - LRB104 20048 KTG 33499 b recommendations the Inspector General provided to the Director and any reason provided to the Inspector General for declining to follow a recommendation, if any;

The Inspector General shall also provide a summary of any reports received alleging conduct violating a requirement under Section 7.29 or 7.30 that the Inspector General chose not to investigate, if any, and the reason for that decision.

The summaries shall not contain any confidential or identifying information concerning the subjects of the reports and investigations.

The summaries also shall include detailed recommended administrative actions and matters for consideration by the General Assembly.

8-8-23.) HB4966 Engrossed - 63 - LRB104 20048 KTG 33499 b Section 10.

As a condition of licensure under this Act and of eligibility to contract with or receive placement referrals from the Department, an entity licensed under this Act that provides care to a child in the care of the Department shall HB4966 Enrolled - 66 - LRB104 20048 KTG 33499 b comply with Sections 5g, 6a, 7, 7.29, and 7.30 of the Children and Family Services Act and agree, by contract or written agreement, to comply with those Sections.

Failure to comply with this Section 8.1b constitutesmay constitute grounds for the Department to deny or terminate placement or take licensing action, corrective action, or other remedial action authorized by law.

HB4966 Engrossed - 64 - LRB104 20048 KTG 33499 b (c) If any provision of this Section or its application to any person or circumstance is held invalid, the invalidity of that provision or application does not affect other provisions or applications of this Section that can be given effect without the invalid provision or application.

The Juvenile Court Act of 1987 is amended by changing Sections 2-27.22-27.2, 2-28, and 2-285-745 and by adding Section 2-27.4 as follows:

HB4966 Enrolled - 67 - LRB104 20048 KTG 33499 b (a) In addition to the provisions of subsection (3) of Section 2-27 of this Act, no placement by any probation officer or agency whose representative is an appointed guardian of the person or legal custodian of the minor may be made in an out-of-state residential treatment center unless the court has determined that the out-of-state residential placement is in the best interest and is the least restrictive, most family-like setting for the minor.

(1) an explanation of what in State resources, if any, HB4966 Engrossed - 65 - LRB104 20048 KTG 33499 b were considered for the minor and why the minor cannot be placed in a residential treatment center or other placement in this State;

and (4) an explanation as to why it is in the minor's best interest to be placed in an out-of-state residential treatment center, including a description of the minor's treatment needs and how those needs will be met in the HB4966 Enrolled - 68 - LRB104 20048 KTG 33499 b proposed placement;

(5) ifan theexplanation minoras isto 8the yearsmanner ofby agewhich orthe older,Department consistentassessed withthe Departmentout-of-state policyresidential regardingtreatment documentationcenter ofto sensitivedetermine identitythe information,center's ascapacity thatto termprovide issupportive care, as defined in Section 7.29 of the Children and Family Services Act, anincluding, overviewbut ofnot thelimited individualizedto, placementwhether assessmentthe requiredDepartment underhas subsectionvisited (d) of Section 7.30 of the Childrenplacement and Familywhether Servicesthe Act,Department includinghas anyrequested riskand, ofif adverselegally actionaccessible, identified,reviewed asany determinedhistory byof thelicensing Department,violations theor Department'smaltreatment planreports tofor mitigatethat suchplacement; risk of adverse action;

and(6) HB4966if Engrossedthe -minor 66is -8 LRB104years 20048of KTGage 33499or bolder, (6)consistent with Department policy regarding documentation of sensitive identity information, as that term is defined in the Children and Family Services Act, an affirmativeoverview statementof the individualized placement assessment required under subsection (d) of Section 7.30 of the minor'sChildren preferencesand regardingFamily placement.Services Act, including any risk of adverse action identified, as determined by the Department, the Department's plan to mitigate such risk of adverse action;

and (7) an affirmative statement of the minor's preferences regarding placement, and if the minor does not agree to this placement, the minor's explanation;

and (8) if the minor age 8 or older will not be participating in the hearing under this Section, an explanation as to how the Department offered the minor the HB4966 Enrolled - 69 - LRB104 20048 KTG 33499 b opportunity to participate, including offering transportation assistance and remote participation opportunities.

8-18-17.) (705 ILCS 405/2-27.4 new) HB4966 Enrolled - 70 - LRB104 20048 KTG 33499 b Sec.

AssessmentRisk of adverse action assessment and monitoring for minors in8 HB4966or Engrossedolder -in 67 - LRB104 20048 KTG 33499 b out-of-state placements.

This Section applies to minors age 8 or older who are placed in out-of-state placements other than residential treatment centers.centers, including youth in college.

NoThe later than 5 days prior to the Department ofshall Childrensubmit anda Familywritten Services'report submission of an Interstate Compact on the Placement of Children request to place a minor, the Departmentcourt shallas submitrequired aunder writtenthis reportsubsection, toand the court, consistent with Department policy regarding documentation of sensitive identity information, as the term is defined in the Children and Family Services Act,Act explaining:no later than:

(i) 5 days prior to the Department of Children and Family Services' submission of an Interstate Compact on the Placement of Children request to place a minor;

or (ii) 60 days after a minor who is placed out-of-state reaches age 8;

or (iii) 10 days prior to the minor moving out-of-state to a placement that does not require an interstate compact;

or (iv) within 15 days of the Department approving an out-of-state placement not subject to the Interstate Compact on the Placement of Children, whichever is earlier.

The written report to the court shall explain:

(2) the necessity and justification for the HB4966 Enrolled - 71 - LRB104 20048 KTG 33499 b out-of-state placement;

(4) the anticipated duration of the placement,placement; if this placement is not with a relative, as defined under Section 4d of the Children and Family Services Act;

(5) the Department's plan for maintaining regular and meaningful contact between the Illinois-based assigned HB4966 Engrossed - 68 - LRB104 20048 KTG 33499 b caseworker and the minor as required under subsections (d) and (e) of Section 7.30 of the Children and Family Services Act;

(d) The provisions of this Section apply on and after January 1, 2028.2028;

however, the provisions of subsection (b) HB4966 Enrolled - 72 - LRB104 20048 KTG 33499 b apply on and after March 1, 2028 to interstate placements of a youth age 8 or older if the placement occurred before January 1, 2028 and the youth remains in the Department's care on or after January 1, 2028.

(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 HB4966 Engrossed - 69 - LRB104 20048 KTG 33499 b court and require the legal custodian, 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.

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 HB4966 Enrolled - 73 - LRB104 20048 KTG 33499 b 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 HB4966 Engrossed - 70 - LRB104 20048 KTG 33499 b parent, guardian, or legal custodian is fit to care for the minor.

(B) Upon motion by any party or sua spontesponte, the court shall scheduleconduct a hearing to determine whether the minor has been HB4966 Enrolled - 74 - LRB104 20048 KTG 33499 b subjected to conduct by an individual employed,employee, contracted,contractor, licensee, or licensedcaregiver toproviding provide the minor's direct case management, care, or placement bythat violates the Departmentminor's orrights itsunder servicesubparagraph providers(A) hasor engaged(B) inof conductparagraph that(2) violatesof thesubsection obligations(e) of theSection Department7.29 orof servicethe providerChildren setand forthFamily inServices subparagraphAct (A) or (B) of paragraph (1) of subsection (e)(f) of Section 7.29 of the Children and Family Services Act.

UponThe motionhearing by any party or sua sponte, the court shall schedulebe aconducted hearingwithin to10 determinedays whetherof annotice individual employed, contracted, or licensed to provide the minor'sparties. direct case management, care, or placement by the Department or its service providers has engaged in conduct that violates HB4966 Engrossed - 71 - LRB104 20048 KTG 33499 b the obligations of the Department or service provider set forth in paragraph (1) of subsection (f) of Section 7.29 of the Children and Family Services Act.

The hearing shall be scheduled with no later than 10 days of notice to the parties.

(E) If, after reviewing evidence, including evidence from the Department, the court determines that the individualminor employed,has contracted,been orsubjected licensed to provideconduct theby minor'san directindividual caseemployee, management,contractor, care,licensee, or placementcaregiver byproviding the Departmentminor's ordirect itscase servicemanagement, providerscare, hasor violatedplacement itsthat obligationsviolates to the minorminor's rights under subparagraph (A) or (B) of paragraph (1)(2) of subsection (e) of Section 7.29 of the Children and Family Services Act or under paragraph (1) of subsection (f) of Section 7.29 of the Children and Family Services Act, the court shall put in writing the factual basis supporting its findings.findings, including specific factual findings regarding the nature of the violation and the involved employee, contractor, HB4966 Enrolled - 75 - LRB104 20048 KTG 33499 b licensee, or caregiver providing direct case management, care, or placement.

(i) order the Department to monitor and ensure reasonable conditions of conduct to be demonstrated by the violatinginvolved employee, contractor, licensee, or licenseecaregiver providing direct case management, care, or placement for a specified period of time and may require the Department to make periodic reports to the court containing such information as the court in its discretion HB4966 Engrossed - 72 - LRB104 20048 KTG 33499 b may prescribe;

(ii) require the Department to showreport to the court why the Department's oversight may have failed to prevent conduct that violated subparagraph (A) or (B) of paragraph (1)(2) of subsection (e) of Section 7.29 of the Children and Family Services Act or paragraph (1) of subsection (f) of Section 7.29 of the Children and Family Services Act;

and (iii) require the Department to refer the allegation of conduct in violation of subparagraph (A) or (B) of paragraph (1)(2) of subsection (e) of Section 7.29 of the Children and Family Services Act or paragraph (1) of subsection (f) of Section 7.29 of the Children and Family Services Act to the Department's Inspector General for investigation under Section 35.5 of the Children and Family Services Act, if the Department has not done so already.already;

and (iv) if the court determines that the Department violated its obligations under paragraph (1) of subsection HB4966 Enrolled - 76 - LRB104 20048 KTG 33499 b (f) of Section 7.29 of the Children and Family Services Act, require the Department to take immediate action to remedy the violation in accordance with this subsection.

(i) servicesrequiring orthe findingprovision aof placementspecific notservices appropriateto foraddress the harm caused to the minor;

(ii) requiring the Department to submitamend athe minor's service plan toconsistent remedywith the harmcourt's thatfindings resultedunder fromthis thesubsection; violation;

HB4966 Engrossed - 73 - LRB104 20048 KTG 33499 b (iii) requiringmaking thea Departmentfinding tothat investigate the conductminor's ofplacement theis individualnot ornecessary service provider responsible or contributingappropriate tofor the conditionsminor; that resulted in the violation;

and (iv) requiring the Department to implementlocate aan recommendationappropriate byplacement, theas minor'sdetermined treating clinician, a clinician contracted by the DepartmentDepartment, tofor evaluate the minor,minor awithin recommendation made by the Department, or a reasonablespecified andtimeframe; relevant request for specific support made by the minor.

In(v) additionrequiring to any applicable finding, if the court determines that the Department violatedto itssubmit obligationsa underplan paragraphto (1)remedy of subsection (f) of Section 7.29 of the Childrenharm and Family Services Act, the court shall put in writing the factual basis supporting its determination and enter specific findings based on the evidence that theresulted minor'sfrom placement is contrary to the minor'sviolation; best interest and is not necessary or appropriate.

The(vi) courtrequiring shall require the Department to takeinvestigate immediatethe actionconduct toof remedythe individual employee, contractor, licensee, or caregiver providing direct case management, care, or placement responsible or contributing to the violationconditions inthat accordanceresulted within thisthe subsection.violation;

Ifand theHB4966 DepartmentEnrolled places- a77 minor- inLRB104 a20048 placementKTG under33499 anb order(vii) enteredrequiring under this Section, the Department hasto theimplement authoritya torecommendation removeby the minorminor's fromtreating thatclinician, placementa whenclinician acontracted changeby inthe circumstancesDepartment necessitatesto evaluate the removalminor, toa protectrecommendation made by the minor'sDepartment, health,or safety,a reasonable and bestrelevant interest.request for specific support made by the minor.

(G) If the Department determinesplaces removala isminor necessary,in thea Departmentplacement shallunder notifyan theorder partiesentered HB4966under Engrossedthis -subsection, 74the -Department LRB104has 20048 KTG 33499 b of the plannedauthority placement change in writing no later than 10 days prior to remove the implementationminor offrom itsthat determination unless remaining in the placement poseswhen ana imminentchange risk of harm to the minor, in whichcircumstances casenecessitates the Departmentremoval shallto notifyprotect the partiesminor's ofhealth, thesafety, placementand changebest ininterest. writing immediately following the implementation of its decision.

If the Department determines removal is necessary, the Department shall notify the parties of the planned placement change in writing no later than 10 days prior to the implementation of its determination unless remaining in the placement poses an imminent risk of harm to the minor, in which case the Department shall notify the parties of the placement change in writing immediately following the implementation of its decision.

(G)(H) Any order entered under this subsection shall be directly related to remedying harm to a minor or preventing future harm to a minor caused by the employed,conduct contracted,of an individual employee, contractor, licensee, or licensedcaregiver individual'sproviding direct case management, care, or placement involved in the violation HB4966 Enrolled - 78 - LRB104 20048 KTG 33499 b of the minor's rights under subparagraph (A) or (B) of paragraph (1)(2) of subsection (e) of Section 7.29 of the Children and Family Services Act or paragraph (1) of subsection (f) of Section 7.29 of the Children and Family Services ActAct. and intended to remediate harm caused by that minor-specific violation or prevent future harm to the minor.

or (3) in a detention center or Department of Juvenile HB4966 Engrossed - 75 - LRB104 20048 KTG 33499 b Justice facility solely because the public agency cannot find an appropriate placement for the minor.

(1.6) Within 30 days after placing a minor child in its care in a qualified residential treatment program, as defined by the federal Social Security Act, the Department of Children HB4966 Enrolled - 79 - LRB104 20048 KTG 33499 b and Family Services shall prepare a written report for filing with the court and send copies of the report to all parties.

If applicable, the requirements of Sections 2-27.1 and 2-27.2 of this Act and Section 7.30 of the Children and Family Services HB4966 Engrossed - 76 - LRB104 20048 KTG 33499 b Act must also be met.

(A) demonstrating that ongoing on-going assessment of the strengths and needs of the minor child continues to support the determination that the minor's child's needs cannot be met through placement in a foster family home, that the placement provides the most effective and HB4966 Enrolled - 80 - LRB104 20048 KTG 33499 b appropriate level of care for the minor child in the least restrictive, appropriate environment, and that the placement is consistent with the short-term and long-term permanency goal for the minor child, as specified in the permanency plan for the minor child;

and (D) beginning July 1, 2025, documenting the Department's efforts regarding ongoing family finding and HB4966 Engrossed - 77 - LRB104 20048 KTG 33499 b relative engagement required under Section 2-27.3;

Subsequent permanency hearings may be heard by a judge HB4966 Enrolled - 81 - LRB104 20048 KTG 33499 b or by hearing officers appointed or approved by the court in the manner set forth in Section 2-28.1 of this Act.

Subsequent permanency hearings shall be held every 6 months or more frequently if necessary in the court's determination following the initial permanency hearing, in accordance with the standards set forth in this Section, until the court HB4966 Engrossed - 78 - LRB104 20048 KTG 33499 b determines that the plan and goal have been achieved.

The permanency hearings must occur within the time frames set forth in this subsection and may not be delayed in anticipation of a report from any source or due to HB4966 Enrolled - 82 - LRB104 20048 KTG 33499 b the agency's failure to timely file its written report (this written report means the one required under the next paragraph and does not mean the service plan also referred to in that paragraph).

(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 HB4966 Engrossed - 79 - LRB104 20048 KTG 33499 b placement determination, and for any minor age 16 or over, a written description of the programs and services that will enable the minor to prepare for independent living;

(C) whether a minor is placed in a licensed child care facility under a corrective plan by the Department due to HB4966 Enrolled - 83 - LRB104 20048 KTG 33499 b concerns impacting the minor's safety and well-being.

and (D) detail regarding what progress or lack of progress the parent has made in correcting the conditions requiring HB4966 Engrossed - 80 - LRB104 20048 KTG 33499 b the minor child to be in care;

(i) confirmation that the caseworker has discussed the permanency options and subsidies available for HB4966 Enrolled - 84 - LRB104 20048 KTG 33499 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;

(iii) a description of the stated preferences and concerns, if any, the minor, the parent as appropriate, and the caregiver expressed relating to the options of guardianship and adoption, and the HB4966 Engrossed - 81 - LRB104 20048 KTG 33499 b reasons for the preferences;

HB4966 Enrolled - 85 - LRB104 20048 KTG 33499 b The caseworker must appear and testify at the permanency hearing.

HB4966 Engrossed - 82 - LRB104 20048 KTG 33499 b (B-1) The minor will be in short-term care with a continued goal to return home pending a status hearing.

HB4966 Enrolled - 86 - LRB104 20048 KTG 33499 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:

HB4966 Engrossed - 83 - LRB104 20048 KTG 33499 b (ii) whether the agency has discussed adoption and guardianship with the minor, as age-appropriate, and what preference, if any, the minor has as to the permanency goal;

(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 HB4966 Enrolled - 87 - LRB104 20048 KTG 33499 b relative caregiver home as defined in Section 2.36 of the Child Care Act of 1969;

(ii) whether the agency has discussed adoption and HB4966 Engrossed - 84 - LRB104 20048 KTG 33499 b guardianship with the minor, as age-appropriate, and what preference, if any, the minor has as to the permanency goal;

(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 HB4966 Enrolled - 88 - LRB104 20048 KTG 33499 b the Child Care Act of 1969;

In selecting this permanency goal, the Department of Children and Family Services may HB4966 Engrossed - 85 - LRB104 20048 KTG 33499 b provide services to enable reunification and to strengthen the minor's connections with family, fictive kin, and other responsible adults, provided the services are in the minor's best interest.

HB4966 Enrolled - 89 - LRB104 20048 KTG 33499 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 minor's child's best interest.

(2) The court has deemed all other permanency HB4966 Engrossed - 86 - LRB104 20048 KTG 33499 b goals inappropriate based on the minor's child's best interest;

(b) the minor child exhibits an extreme level HB4966 Enrolled - 90 - LRB104 20048 KTG 33499 b of need such that the removal of the minor child from the minor's placement would be detrimental to the minor child;

(4) The minor child has lived with the relative, HB4966 Engrossed - 87 - LRB104 20048 KTG 33499 b certified relative caregiver, or foster parent for at least one year;

The court's determination shall include the HB4966 Enrolled - 91 - LRB104 20048 KTG 33499 b following factors:

HB4966 Engrossed - 88 - LRB104 20048 KTG 33499 b (H) If the minor is not currently in a placement likely to achieve permanency, whether there is an identified and willing potential permanent caregiver for the minor, and if so, that potential permanent caregiver's intent regarding guardianship and adoption.

All HB4966 Enrolled - 92 - LRB104 20048 KTG 33499 b evidence relevant to determining these questions, including oral and written reports, may be admitted and may be relied on to the extent of their probative value.

Any tasks the court HB4966 Engrossed - 89 - LRB104 20048 KTG 33499 b requires of the parents, guardian, or legal custodian or minor child prior to returning the minor child home must be reasonably related to remedying a condition or conditions that gave rise to or which could give rise to any finding of child abuse or neglect.

The court shall explain to the parents that these findings are based on the information that the court has HB4966 Enrolled - 93 - LRB104 20048 KTG 33499 b at that time and may be revised, should additional evidence be presented to the court.

If the court finds that the plan is not in the minor's best interest, the court shall enter specific HB4966 Engrossed - 90 - LRB104 20048 KTG 33499 b factual findings and order the Department to modify the plan consistent with the court's findings.

The court also shall enter an order for the HB4966 Enrolled - 94 - LRB104 20048 KTG 33499 b Department to develop and implement a new service plan or to implement changes to the current service plan consistent with the court's findings.

Rights of wards of the court under this Act are enforceable against any public agency by complaints for relief HB4966 Engrossed - 91 - LRB104 20048 KTG 33499 b by mandamus filed in any proceedings brought under this Act.

If the court finds that the minor's current or planned placement is not necessary or appropriate, the court may enter an order directing the Department to implement a recommendation by the minor's treating clinician or a HB4966 Enrolled - 95 - LRB104 20048 KTG 33499 b clinician contracted by the Department to evaluate the minor or a recommendation made by the Department.

The Department shall notify others of the decision to change the minor's HB4966 Engrossed - 92 - LRB104 20048 KTG 33499 b placement as required by Department rule.

or (b) If the permanency goal of the minor cannot be achieved immediately, the specific reasons for continuing the minor in the care of the Department of Children and HB4966 Enrolled - 96 - LRB104 20048 KTG 33499 b Family Services or other agency for short-term placement, and the following determinations:

(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 HB4966 Engrossed - 93 - LRB104 20048 KTG 33499 b 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 with sufficientDepartment measurescompliance towith mitigate any risk of adverse action taken by the Department,obligations asof required under Section 7.30 of the Children and Family Services Act.

(4) The minor or any person interested in the minor may apply to the court for a change in custody of the minor and the appointment of a new custodian or guardian of the person or for HB4966 Enrolled - 97 - LRB104 20048 KTG 33499 b the restoration of the minor to the custody of the minor's parents or former guardian or custodian.

(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 minor child or reasonable progress toward the return of the minor child, as defined in subdivision (D)(m) of Section 1 of the Adoption Act or HB4966 Engrossed - 94 - LRB104 20048 KTG 33499 b 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 minor child who is the subject of the permanency hearing is 13 years old or older and is not 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 minor's child's best HB4966 Enrolled - 98 - LRB104 20048 KTG 33499 b 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 HB4966 Engrossed - 95 - LRB104 20048 KTG 33499 b 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 care for the minor and the court enters an order that such parent, guardian, or legal custodian is fit to care for the minor.

If a motion is filed to modify or vacate a private guardianship order and return the minor child to a parent, guardian, or legal custodian, the court may order the HB4966 Enrolled - 99 - LRB104 20048 KTG 33499 b Department of Children and Family Services to assess the minor's current and proposed living arrangements and to provide ongoing monitoring of the health, safety, and best interest of the minor during the pendency of the motion to assist the court in making that determination.

When the court orders a minor child restored to the HB4966 Engrossed - 96 - LRB104 20048 KTG 33499 b custody of the parent or parents, the court shall order the parent or parents to cooperate with the Department of Children and Family Services and comply with the terms of an aftercare after-care plan, or risk the loss of custody of the minor child and possible termination of their parental rights.

If the minor is being restored to the custody of a parent, 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 HB4966 Enrolled - 100 - LRB104 20048 KTG 33499 b 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.

Evidence of such criminal convictions shall be taken into account in determining whether the minor can be cared for at home without endangering the minor's health or safety and HB4966 Engrossed - 97 - LRB104 20048 KTG 33499 b fitness of the parent, guardian, or legal custodian.

(c) All information obtained from any investigation HB4966 Enrolled - 101 - LRB104 20048 KTG 33499 b shall be confidential as provided in Section 5-150 of this Act.

(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 HB4966 Engrossed - 98 - LRB104 20048 KTG 33499 b court and require the legal custodian, 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.

Upon the hearing of the report the court may remove the custodian or guardian and appoint another in the custodian's or guardian's stead or restore the minor to the custody of the minor's parents or HB4966 Enrolled - 102 - LRB104 20048 KTG 33499 b former guardian or custodian.

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 HB4966 Engrossed - 99 - LRB104 20048 KTG 33499 b parent, guardian, or legal custodian is fit to care for the minor.

"Service provider" has the meaning ascribed to that term in subsection (b) of Section 7.29 of the Children and Family HB4966 Enrolled - 103 - LRB104 20048 KTG 33499 b Services Act.

(B) Upon motion by any party or sua spontesponte, the court shall schedule a hearing to determine whether the minor has been subjected to conduct by an individual employed,employee, contracted,contractor, licensee, or licensedcaregiver toproviding provide the minor's direct case management, care, or placement bythat violates the Departmentminor's orrights itsunder servicesubparagraph providers(A) hasor engaged(B) inof conductparagraph that(2) violatesof thesubsection obligations(e) of theSection Department7.29 orof servicethe providerChildren setand forthFamily inServices subparagraphAct (A) or (B) of paragraph (1) of subsection (e)(f) of Section 7.29 of the Children and Family Services Act.

UponThe motionhearing by any party or sua sponte the court shall schedulebe aconducted hearingwithin to10 determinedays whetherof annotice individual employed, contracted, or licensed to provide the minor'sparties. direct case management, care, or placement by the Department or its Service Providers has engaged in conduct that violates HB4966 Engrossed - 100 - LRB104 20048 KTG 33499 b the obligations of the Department or service provider set forth in paragraph (1) of subsection (f) of Section 7.29 of the Children and Family Services Act.

The hearing shall be scheduled with no later than 10 days of notice to the parties.

(E) If, after reviewing evidence, including evidence from the Department, the court determines that the individualminor employed,has contracted,been orsubjected licensed to provideconduct theby minor'san directindividual caseemployee, management,contractor, care,licensee, or placementcaregiver byproviding the Departmentminor's ordirect itscase Servicemanagement, Providerscare, hasor violatedplacement itsthat obligationsviolates to the minorminor's rights under subparagraph (A) or (B) of paragraph (1)(2) of subsection (e) of Section 7.29 of the Children and Family Services Act or paragraph (1) of subsection (f) of Section 7.29 of the Children and Family Services Act, the court shall HB4966 Enrolled - 104 - LRB104 20048 KTG 33499 b put in writing the factual basis supporting its findings.findings, including specific factual findings regarding the nature of the violation and the involved employee, contractor, licensee, or caregiver providing direct case management, care, or placement.

(i) order the Department to monitor and ensure reasonable conditions of conduct to be demonstrated by the violatinginvolved employee, contractor, licensee, or licenseecaregiver providing the minor's direct case management, care, or placement for a specified period of time and may require the Department to make periodic reports to the court containing such information as the court in its discretion HB4966 Engrossed - 101 - LRB104 20048 KTG 33499 b may prescribe;

(ii) require the Department to showreport to the court why the Department's oversight may have failed to prevent conduct that violated subparagraph (A) or (B) of paragraph (1)(2) of subsection (e) of Section 7.29 of the Children and Family Services Act or paragraph (1) of subsection (f) of Section 7.29 of the Children and Family Services Act;

and (iii) require the Department to refer the allegation of conduct in violation of subparagraph (A) or (B) of paragraph (1)(2) of subsection (e) of Section 7.29 of the Children and Family Services Act or paragraph (1) of subsection (f) of Section 7.29 of the Children and Family Services Act to the Department's inspector general for investigation under Section 35.5 of the Children and HB4966 Enrolled - 105 - LRB104 20048 KTG 33499 b Family Services Act, if the Department has not done so already.already;

and (iv) if the court determines that the Department violated its obligations under paragraph (1) of subsection (f) of Section 7.29 of the Children and Family Services Act, make a finding that the minor's placement is not necessary or appropriate for the minor and require the Department to take immediate action to remedy the violation in accordance with this subsection.

(i) servicesrequiring orthe findingprovision aof placementspecific notservices appropriateto foraddress the harm caused to the minor;

(ii) requiring the Department to submitamend athe minor's service plan toconsistent remedywith the harmcourt's thatfindings resultedunder fromthis thesubsection; violation;

HB4966 Engrossed - 102 - LRB104 20048 KTG 33499 b (iii) requiringmaking thea Departmentfinding tothat investigate the conductminor's ofplacement theis individualnot ornecessary service provider responsible or contributingappropriate tofor the conditionsminor; that resulted in the violation;

and (iv) requiring the Department to implementlocate aan recommendationappropriate byplacement, theas minor'sdetermined treating clinician, a clinician contracted by the DepartmentDepartment, tofor evaluate the minor,minor awithin recommendation made by the Department, or a reasonablespecified andtimeframe; relevant request for specific support made by the minor.

In(v) additionrequiring to any applicable finding, if the court determines that the Department violatedto itssubmit obligationsa underplan paragraphto (1)HB4966 ofEnrolled subsection- (f)106 of- SectionLRB104 7.2920048 ofKTG the33499 Childrenb andremedy Family Services Act, the courtharm shall put in writing the factual basis supporting its determination and enter specific findings based on the evidence that theresulted minor'sfrom placement is contrary to the minor'sviolation; best interest and is not necessary or appropriate.

The(vi) courtrequiring shall require the Department to takeinvestigate immediatethe actionconduct toof remedythe individual employee, contractor, licensee, or caregiver providing the violationdirect incase accordancemanagement, withcare, thisor subsection.placement responsible or contributing to the conditions that resulted in the violation;

Ifand (vii) requiring the Department placesto implement a minorrecommendation inby athe placementminor's undertreating anclinician, ordera enteredclinician undercontracted thisby Section, the Department has the authority to removeevaluate the minorminor, froma thatrecommendation placementmade whenby athe changeDepartment, inor circumstancesa necessitatesreasonable theand removalrelevant torequest protectfor thespecific minor'ssupport health,made safety,by andthe bestminor. interest.

(G) If the Department determinesplaces removala isminor necessary,in thea Departmentplacement shallunder notifyan theorder partiesentered HB4966under Engrossedthis -subsection, 103the -Department LRB104has 20048 KTG 33499 b of the plannedauthority placement change in writing no later than 10 days prior to remove the implementationminor offrom itsthat determination unless remaining in the placement poseswhen ana imminentchange risk of harm to the minor, in whichcircumstances casenecessitates the Departmentremoval shallto notifyprotect the partiesminor's ofhealth, thesafety, placementand changebest ininterest. writing immediately following the implementation of its decision.

TheIf the Department determines removal is necessary, the Department shall notify othersthe parties of the decisionplanned toplacement change in writing no later than 10 days prior to the minor'simplementation of its determination unless remaining in the placement asposes requiredan byimminent risk of harm to the minor, in which case the Department rule.shall notify the parties of the placement change in writing immediately following the implementation of its decision.

(G)The AnyDepartment order entered under this subsection shall benotify directlyothers related to the employed, contracted, or licensed individual's violation of subparagraph (A) or (B) of paragraph (1) of subsection (e) of Section 7.29 of the Childrendecision andto Familychange Services Act or paragraph (1) of subsection (f) of Section 7.29 of the Childrenminor's andplacement Familyas Servicesrequired Actby andDepartment intendedHB4966 toEnrolled remediate- harm107 caused- byLRB104 that20048 minor-specificKTG violation33499 orb preventrule. future harm to the minor.

(H) Any order entered under this subsection shall be directly related to remedying harm to a minor or preventing future harm to a minor caused by the conduct of the individual employee, contractor, licensee, or caregiver providing direct case management, care, or placement involved in the violation of the minor's rights under subparagraph (A) or (B) of paragraph (2) of subsection (e) of Section 7.29 of the Children and Family Services Act or paragraph (1) of subsection (f) of Section 7.29 of the Children and Family Services Act.

or (3) in a detention center or Department of Juvenile HB4966 Engrossed - 104 - LRB104 20048 KTG 33499 b Justice facility solely because the public agency cannot find an appropriate placement for the minor.

The report shall explain the steps the agency is taking to ensure the minor is placed appropriately, how the minor's needs are being met in the minor's shelter placement, and if a HB4966 Enrolled - 108 - LRB104 20048 KTG 33499 b future placement has been identified by the Department, why the anticipated placement is appropriate for the needs of the minor and the anticipated placement date.

If applicable, the requirements of Sections 2-27.1 and 2-27.2 of this Act and Sections 7.30 and 7.31 of the Children and Family HB4966 Engrossed - 105 - LRB104 20048 KTG 33499 b Services Act must also be met.

If the minor child remains placed in a qualified residential treatment program, the Department shall submit evidence at each status HB4966 Enrolled - 109 - LRB104 20048 KTG 33499 b and permanency hearing:

(D) beginning July 1, 2025, documenting the Department's efforts regarding ongoing family finding and HB4966 Engrossed - 106 - LRB104 20048 KTG 33499 b relative engagement required under Section 2-27.3;

and (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 HB4966 Enrolled - 110 - LRB104 20048 KTG 33499 b 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 HB4966 Engrossed - 107 - LRB104 20048 KTG 33499 b described in subsection (5) of Section 2-21, within 30 days of the order for termination of parental rights and appointment of a guardian with power to consent to adoption, or (c) in accordance with subsection (2) of Section 2-13.1.

Subsequent permanency hearings shall be held every 6 months or more HB4966 Enrolled - 111 - LRB104 20048 KTG 33499 b frequently if necessary in the court's determination following the initial permanency hearing, in accordance with the standards set forth in this Section, until the court determines that the plan and goal have been achieved.

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 HB4966 Engrossed - 108 - LRB104 20048 KTG 33499 b provided a copy of the most recent service plan prepared within the prior 6 months at least 14 days in advance of the hearing.

HB4966 Enrolled - 112 - LRB104 20048 KTG 33499 b (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, a written description of the programs and services that will enable the minor to prepare for independent living;

(C-1) if the minor, age 8 or older, is placed outside the State of Illinois, an explanation of risk of adverse action, an explanation of the adverse action and the HB4966 Engrossed - 109 - LRB104 20048 KTG 33499 b efforts made by the Department to meet its obligations under Section 7.30 of the Children and Family Services Act, stated in a manner consistent with Department policy regarding documentation of sensitive identity information as that term is defined in the Children and Family HB4966 Enrolled - 113 - LRB104 20048 KTG 33499 b Services Act;

(ii) confirmation that the caseworker has HB4966 Engrossed - 110 - LRB104 20048 KTG 33499 b discussed with the minor's caregivers, the minor's parents, as appropriate, and the minor as age-appropriate, the distinctions between guardianship and adoption, including, but not limited to, that guardianship does not require termination of the HB4966 Enrolled - 114 - LRB104 20048 KTG 33499 b parent's rights or the consent of the parent;

HB4966 Engrossed - 111 - LRB104 20048 KTG 33499 b (2.3) At the permanency hearing, the court shall determine the permanency goal of the minor child.

HB4966 Enrolled - 115 - LRB104 20048 KTG 33499 b (B) The minor will be in short-term care with a continued goal to return home within a period not to exceed one year, where the progress of the parent or parents is substantial giving particular consideration to the age and individual needs of the minor.

HB4966 Engrossed - 112 - LRB104 20048 KTG 33499 b The court shall determine the appropriate goal for the minor based on best interest factors and any considerations outlined in that goal.

Prior to HB4966 Enrolled - 116 - LRB104 20048 KTG 33499 b changing the goal to guardianship, the court shall consider the following:

and (v) whether the parent or parents have been informed about guardianship and adoption, and, if appropriate, what preferences, if any, the parent or HB4966 Engrossed - 113 - LRB104 20048 KTG 33499 b parents have as to the permanency goal.

Prior to changing the goal to substitute care pending court determination on termination of parental rights, the court HB4966 Enrolled - 117 - LRB104 20048 KTG 33499 b shall consider the following:

and (vi) whether the parent or parents have been HB4966 Engrossed - 114 - LRB104 20048 KTG 33499 b informed about guardianship and adoption, and, if appropriate, what preferences, if any, the parent or parents have as to the permanency goal.

HB4966 Enrolled - 118 - LRB104 20048 KTG 33499 b (F) Provided that permanency goals (A) through (E) have been deemed inappropriate and not in the minor's best interests, the minor over age 15 will be in substitute care pending independence.

Where the court has selected a permanency goal other than (A), (B), or (B-1), HB4966 Engrossed - 115 - LRB104 20048 KTG 33499 b the Department of Children and Family Services shall not provide further reunification services, except as provided in paragraph (F) of this subsection (2.3), but shall provide services consistent with the goal selected.

(H) Notwithstanding any other provision in this HB4966 Enrolled - 119 - LRB104 20048 KTG 33499 b Section, the court may select the goal of continuing foster care as a permanency goal if:

or (c) the minor child who is the subject of the permanency hearing has existing close and strong HB4966 Engrossed - 116 - LRB104 20048 KTG 33499 b bonds with a sibling, and achievement of another permanency goal would substantially interfere with the subject minor's child's sibling relationship, taking into consideration the nature and extent of the relationship, and whether ongoing contact is HB4966 Enrolled - 120 - LRB104 20048 KTG 33499 b in the subject minor's child's best interest, including long-term emotional interest, as compared with the legal and emotional benefit of permanence;

(C) Current placement of the minor child and the HB4966 Engrossed - 117 - LRB104 20048 KTG 33499 b intent of the family regarding subsidized guardianship and adoption.

(E) Types of services previously offered and whether HB4966 Enrolled - 121 - LRB104 20048 KTG 33499 b or not the services were successful and, if not successful, the reasons the services failed.

The court shall make findings as to whether, in violation of Section 8.2 of the Abused and Neglected Child Reporting HB4966 Engrossed - 118 - LRB104 20048 KTG 33499 b Act, any portion of the service plan compels a minor child or parent to engage in any activity or refrain from any activity that is not reasonably related to remedying a condition or conditions that gave rise or which could give rise to any finding of child abuse or neglect.

The services contained in HB4966 Enrolled - 122 - LRB104 20048 KTG 33499 b the service plan shall include services reasonably related to remedy the conditions that gave rise to removal of the minor child from the home of the minor's child's parents, guardian, or legal custodian or that the court has found must be remedied prior to returning the minor child home.

If the HB4966 Engrossed - 119 - LRB104 20048 KTG 33499 b Department has not convened a meeting to develop or modify a Sibling Contact Support Plan, or if the court finds that the existing Plan is not in the minor's child's best interest, the court may enter an order requiring the Department to develop, modify, or implement a Sibling Contact Support Plan, or order HB4966 Enrolled - 123 - LRB104 20048 KTG 33499 b mediation.

If, after receiving evidence, the court determines that the services contained in the plan are not reasonably calculated to facilitate achievement of the permanency goal, the court shall put in writing the factual basis supporting HB4966 Engrossed - 120 - LRB104 20048 KTG 33499 b the determination and enter specific findings based on the evidence.

The new service plan shall be filed with HB4966 Enrolled - 124 - LRB104 20048 KTG 33499 b the court and served on all parties within 45 days of the date of the order.

If the court finds that the minor's current or planned placement is not necessary or appropriate, the court HB4966 Engrossed - 121 - LRB104 20048 KTG 33499 b may enter an order directing the Department to implement a recommendation by the minor's treating clinician or a clinician contracted by the Department to evaluate the minor or a recommendation made by the Department.

If the Department places a minor in a placement under an order entered under this HB4966 Enrolled - 125 - LRB104 20048 KTG 33499 b subsection (2.5), the Department has the authority to remove the minor from that placement when a change in circumstances necessitates the removal to protect the minor's health, safety, and best interest.

or (b) If the permanency goal of the minor cannot be HB4966 Engrossed - 122 - LRB104 20048 KTG 33499 b achieved immediately, the specific reasons for continuing the minor in the care of the Department of Children and Family Services or other agency for short-term placement, and the following determinations:

HB4966 Enrolled - 126 - LRB104 20048 KTG 33499 b (ii) Whether the services required by the court and by any service plan prepared within the prior 6 months have been provided and (A) if so, whether the services were reasonably calculated to facilitate the achievement of the permanency goal or (B) if not provided, why the services were not provided.

(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 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 with sufficientDepartment measurescompliance towith mitigate any risk of adverse action taken by the Departmentobligations asof required under Section 7.30 of the Children and Family Services Act, if such circumstances are applicable.

HB4966 Engrossed - 123 - LRB104 20048 KTG 33499 b (v) (Blank).

(4) The minor or any person interested in the minor may HB4966 Enrolled - 127 - LRB104 20048 KTG 33499 b apply to the court for a change in custody of the minor and the appointment of a new custodian or guardian of the person or for the restoration of the minor to the custody of the minor's parents or former guardian or custodian.

When parental rights have been terminated for a HB4966 Engrossed - 124 - LRB104 20048 KTG 33499 b minimum of 3 years and the minor child who is the subject of the permanency hearing is 13 years old or older and is not 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 HB4966 Enrolled - 128 - LRB104 20048 KTG 33499 b determines that those efforts would be futile or inconsistent with the subject minor's 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 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 HB4966 Engrossed - 125 - LRB104 20048 KTG 33499 b 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 care for the minor and the court enters an order that such parent, guardian, or legal custodian is fit to care for the minor.

If a motion is filed to modify or vacate a private HB4966 Enrolled - 129 - LRB104 20048 KTG 33499 b guardianship order and return the minor child to a parent, guardian, or legal custodian, the court may order the Department of Children and Family Services to assess the minor's current and proposed living arrangements and to provide ongoing monitoring of the health, safety, and best interest of the minor during the pendency of the motion to assist the court in making that determination.

When the court orders a minor child restored to the custody of the parent or parents, the court shall order the parent or parents to cooperate with the Department of Children and Family Services and comply with the terms of an aftercare after-care plan, or risk the loss of custody of the minor child HB4966 Engrossed - 126 - LRB104 20048 KTG 33499 b and possible termination of their parental rights.

If the minor is being restored to the custody of a parent, legal custodian, or guardian who lives outside of Illinois, and an Interstate Compact has been requested and refused, the HB4966 Enrolled - 130 - LRB104 20048 KTG 33499 b 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.

HB4966 Engrossed - 127 - LRB104 20048 KTG 33499 b (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 the hearing on fitness and the movant shall have an opportunity at the hearing to refute the information or HB4966 Enrolled - 131 - LRB104 20048 KTG 33499 b contest its significance.

revised 8-20-25.) (705 ILCS 405/5-745) (Text of Section 95.before amendment by P.A.

104-107) Sec.

5-745.

Court review.

(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 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 Department's facilities.

The legal custodian or guardian, HB4966 Enrolled - 132 - LRB104 20048 KTG 33499 b within 10 days after the citation, shall make the report, either in writing verified by affidavit or orally under oath in open court, or otherwise as the court directs.

Upon the hearing of the report, the court may remove the legal custodian or guardian and appoint another in the legal custodian's or guardian's stead or restore the minor to the custody of the minor's parents or former guardian or legal custodian.

(2) If the Department of Children and Family Services is appointed legal custodian or guardian of a minor under Section 5-740 of this Act, the Department of Children and Family Services shall file updated case plans with the court every 6 months.

Every agency which has guardianship of a child shall file a supplemental petition for court review, or review by an administrative body appointed or approved by the court and further order within 18 months of the sentencing order and each 18 months thereafter.

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 present custodial or foster care.

The petition shall be set for hearing and the clerk shall mail 10 days' days notice of the hearing by certified mail, return receipt requested, to the person or agency having the physical custody of the child, the minor and other interested parties unless a written waiver of notice is filed with the petition.

If the minor is in the custody of the Illinois Department HB4966 Enrolled - 133 - LRB104 20048 KTG 33499 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), (1.3), (1.5), (1.6), (2), (2.3), (2.4), (2.5), and (3) of Section 2-28 of Article II of this Act.

Rights of wards of the court under this Act are enforceable against any public agency by complaints for relief by mandamus filed in any proceedings brought under this Act.

(3) The minor or any person interested in the minor may apply to the court for a change in custody of the minor and the appointment of a new custodian or guardian of the person or for the restoration of the minor to the custody of the minor's parents or former guardian or custodian.

In the event that the minor has attained 18 years of age and the guardian or custodian petitions the court for an order terminating the minor's guardianship or custody, guardianship or legal custody shall terminate automatically 30 days after the receipt of the petition unless the court orders otherwise.

No legal custodian 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.

(4) If the minor is committed to the Department of Juvenile Justice under Section 5-750 of this Act, the Department shall notify the court in writing of the occurrence of any of the following:

(a) a critical incident involving a youth committed to HB4966 Enrolled - 134 - LRB104 20048 KTG 33499 b the Department;

as used in this paragraph (a), "critical incident" means any incident that involves a serious risk to the life, health, or well-being of the youth and includes, but is not limited to, an accident or suicide attempt resulting in serious bodily harm or hospitalization, psychiatric hospitalization, alleged or suspected abuse, or escape or attempted escape from custody, filed within 10 days of the occurrence;

(b) a youth who has been released by the Prisoner Review Board but remains in a Department facility solely because the youth does not have an approved aftercare release host site, filed within 10 days of the occurrence;

(c) a youth, except a youth who has been adjudicated a habitual or violent juvenile offender under Section 5-815 or 5-820 of this Act or committed for first degree murder, who has been held in a Department facility for over one consecutive year;

or (d) if a report has been filed under paragraph (c) of 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 applicable.

Upon receipt of the notification, the court may HB4966 Enrolled - 135 - LRB104 20048 KTG 33499 b require the Department to make a full report under subsection (1) of this Section.

(5) With respect to any report required to be filed with the court under this Section, the Independent Juvenile Ombudsperson shall provide a copy to the minor's court appointed guardian ad litem, if the Department has received written notice of the appointment, and to the minor's attorney, if the Department has received written notice of representation from the attorney.

If the Department has a record that a guardian has been appointed for the minor and a record of the last known address of the minor's court appointed guardian, the Independent Juvenile Ombudsperson shall send a notice to the guardian that the report is available and will be provided by the Independent Juvenile Ombudsperson upon request.

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 send a notice to the parents that the report is available and will be provided by the Independent Juvenile Ombudsperson upon request.

(6) The changes made to this Section by this amendatory Act of the 104th General Assembly apply on and after January 1, 2028.

(Source:

P.A.

103-22, eff.

8-8-23;

103-1061, eff.

2-5-25;

104-66, eff.

1-1-26;

revised 11-21-25.) HB4966 Enrolled - 136 - LRB104 20048 KTG 33499 b (Text of Section after amendment by P.A.

104-107) Sec.

5-745.

Court review.

(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 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 Department's facilities.

The legal custodian or guardian, within 10 days after the citation, shall make the report, either in writing verified by affidavit or orally under oath in open court, or otherwise as the court directs.

Upon the hearing of the report, the court may remove the legal custodian or guardian and appoint another in the legal custodian's or guardian's stead or restore the minor to the custody of the minor's parents or former guardian or legal custodian.

(2) If the Department of Children and Family Services is appointed legal custodian or guardian of a minor under Section 5-740 of this Act, the Department of Children and Family Services shall file updated case plans with the court every 6 HB4966 Enrolled - 137 - LRB104 20048 KTG 33499 b months.

Every agency which has guardianship of a child shall file a supplemental petition for court review, or review by an administrative body appointed or approved by the court and further order within 18 months of the sentencing order and each 18 months thereafter.

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 present custodial or foster care.

The petition shall be set for hearing and the clerk shall mail 10 days' days notice of the hearing by certified mail, return receipt requested, to the person or agency having the physical custody of the child, the minor and other interested parties unless a written waiver of notice is filed with the petition.

If the minor is in the custody of the Illinois Department 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), (1.3), (1.5), (1.6), (2), (2.3), (2.4), (2.5), 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.

Rights of wards of the court under this Act are enforceable against any public agency by complaints for relief by mandamus filed in any proceedings brought under this Act.

(3) The minor or any person interested in the minor may apply to the court for a change in custody of the minor and the HB4966 Enrolled - 138 - LRB104 20048 KTG 33499 b appointment of a new custodian or guardian of the person or for the restoration of the minor to the custody of the minor's parents or former guardian or custodian.

In the event that the minor has attained 18 years of age and the guardian or custodian petitions the court for an order terminating the minor's guardianship or custody, guardianship or legal custody shall terminate automatically 30 days after the receipt of the petition unless the court orders otherwise.

No legal custodian 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.

(4) If the minor is committed to the Department of Juvenile Justice under Section 5-750 of this Act, the Department shall notify the court in writing of the occurrence of any of the following:

(a) a critical incident involving a youth committed to the Department;

as used in this paragraph (a), "critical incident" means any incident that involves a serious risk to the life, health, or well-being of the youth and includes, but is not limited to, an accident or suicide attempt resulting in serious bodily harm or hospitalization, psychiatric hospitalization, alleged or suspected abuse, or escape or attempted escape from custody, filed within 10 days of the occurrence;

(b) a youth who has been released by the Prisoner Review Board but remains in a Department facility solely HB4966 Enrolled - 139 - LRB104 20048 KTG 33499 b because the youth does not have an approved aftercare release host site, filed within 10 days of the occurrence;

(c) a youth, except a youth who has been adjudicated a habitual or violent juvenile offender under Section 5-815 or 5-820 of this Act or committed for first degree murder, who has been held in a Department facility for over one consecutive year;

or (d) if a report has been filed under paragraph (c) of 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 applicable.

Upon receipt of the notification, the court may require the Department to make a full report under subsection (1) of this Section.

(5) With respect to any report required to be filed with the court under this Section, the Independent Juvenile Ombudsperson shall provide a copy to the minor's court appointed guardian ad litem, if the Department has received written notice of the appointment, and to the minor's attorney, if the Department has received written notice of representation from the attorney.

If the Department has a record that a guardian has been appointed for the minor and a HB4966 Enrolled - 140 - LRB104 20048 KTG 33499 b record of the last known address of the minor's court appointed guardian, the Independent Juvenile Ombudsperson shall send a notice to the guardian that the report is available and will be provided by the Independent Juvenile Ombudsperson upon request.

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 send a notice to the parents that the report is available and will be provided by the Independent Juvenile Ombudsperson upon request.

(6) The changes made to this Section by this amendatory Act of the 104th General Assembly apply on and after January 1, 2028.

(Source:

P.A.

103-22, eff.

8-8-23;

103-1061, eff.

2-5-25;

104-66, eff.

1-1-26;

104-107, eff.

7-1-26;

revised 11-21-25.) Section 95.

HB4966 Engrossed - 128 - LRB104 20048 KTG 33499 b Section 97.

The provisions of this Act are HB4966 Enrolled - 141 - LRB104 20048 KTG 33499 b severable under Section 1.31 of the Statute on Statutes.

Section 99.

Effective date.

This Act takes effect upon becoming law.