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 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 provide information about providing care for the child minor while the family receives reunification services with the goal of returning the child to the parent or guardian, how to become a certified relative caregiver home, and 10400HB4966sam001 -20- LRB104 20048 KTG 37655 a additional services and support that are available in substitute care.

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 Public Aid Code, and other options for contact with HB4966 Enrolled - 20 - LRB104 20048 KTG 33499 b the child minor, including, but not limited to, visitation.

(b-5)(1) If the Department determines that a placement with any identified relative is not in the child's best interests or that the relative does not meet the requirements to be a relative caregiver, as set forth in Department rules or by statute, the Department must document the basis for that decision, maintain the documentation in the child's case file, inform the identified relative of the relative's right to reconsideration of the decision to deny placement 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 10400HB4966sam001 -21- LRB104 20048 KTG 37655 a report this information to the court in accordance with the requirements of Section 2-27.3 of the Juvenile Court Act of 1987.

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 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 10400HB4966sam001 -22- LRB104 20048 KTG 37655 a 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 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.

Initial placement may also be 10400HB4966sam001 -23- LRB104 20048 KTG 37655 a made with a relative who is not yet a certified relative caregiver if all of the following conditions are met:

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.

Initial placement may not be made if the results of a check of the Law Enforcement Agencies Data System (LEADS) identifies a prior criminal conviction of the prospective relative 10400HB4966sam001 -24- LRB104 20048 KTG 37655 a caregiver for an offense prohibited under subsection (c) of Section 3.4 of the Child Care Act of 1969;

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.

10400HB4966sam001 -25- LRB104 20048 KTG 37655 a The provisions added to this subsection (b) by Public Act 98-846 shall become operative on and after June 1, 2015.

In rejecting placement of a child with an identified relative, the Department shall (i) ensure that the child's health, safety, and best interests are met, (ii) HB4966 Enrolled - 25 - LRB104 20048 KTG 33499 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.

When a child must be placed outside the child's home and cannot be immediately returned to the child's parents or guardian, a comprehensive, individualized assessment shall be performed of that child at which time the needs of the child shall be 10400HB4966sam001 -26- LRB104 20048 KTG 37655 a determined.

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, 7, 7.29, and 7.30 and the Department shall document this in the child's case file.

"Special efforts" shall include contacting and working with community organizations and religious organizations and may include contracting with those 10400HB4966sam001 -27- LRB104 20048 KTG 37655 a organizations, utilizing local media and other local resources, and conducting outreach activities.

(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 home.

(e) The Department in placing children in relative caregiver, certified relative caregiver, adoptive, or foster 10400HB4966sam001 -28- LRB104 20048 KTG 37655 a care homes may not, in any policy or practice relating to the placement of children for adoption or foster care, discriminate against any child or prospective caregiver or adoptive parent on the basis of race.

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

The State's duty to protect youth in its care is continuous and is not extinguished by 10400HB4966sam001 -29- LRB104 20048 KTG 37655 a placement with foster parents, relative caregivers, or 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.

"Placement provider" means a type of service provider that provides the youth's residence and daily care, including, but not limited to, a residential treatment center, group home, or 10400HB4966sam001 -30- LRB104 20048 KTG 37655 a child care institution under the Child Care Act of 1969 or a similar setting licensed in accordance with the laws of another state in which that youth is placed.

"Protected characteristic" means any characteristic included in the definition of unlawful discrimination as defined in Section 1-103 of the Illinois Human Rights Act, HB4966 Enrolled - 30 - LRB104 20048 KTG 33499 b including, but not limited to, actual or perceived race, color, religion, sex, sexual orientation, gender identity, national origin, ancestry, disability, pregnancy, reproductive health decisions, or marital status.

10400HB4966sam001 -31- LRB104 20048 KTG 37655 a (c) Applicability.

(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;

(C) discloses or compels disclosure of a youth's sensitive identity information, without the youth's 10400HB4966sam001 -32- LRB104 20048 KTG 37655 a expressed consent, consistent with Department policy regarding documentation of sensitive identity 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;

or (ii) violates the conduct 10400HB4966sam001 -33- LRB104 20048 KTG 37655 a requirements of subsection (d) or commits conduct that is prohibited under subsection (e).

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 Enrolled - 33 - LRB104 20048 KTG 33499 b for the youth based on the placement provider's or caregiver's inability to meet the required conduct obligations under this Section.

After affirmatively expressing such support for this placement, the youth has the right to withdraw this support at any time and the Department has an ongoing obligation to monitor whether the youth maintains or withdraws such 10400HB4966sam001 -34- LRB104 20048 KTG 37655 a support.

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.

No enforcement action under this paragraph shall be construed as a 10400HB4966sam001 -35- LRB104 20048 KTG 37655 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.

10400HB4966sam001 -36- LRB104 20048 KTG 37655 a (1) in plain language in the youth's primary language;

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, and the court presiding over the youth's case in accordance with the Juvenile Court Act of 1987.

(B) require the Department, service providers, or 10400HB4966sam001 -37- LRB104 20048 KTG 37655 a caregivers to provide medical treatment beyond that authorized by law, court order, parental or guardian consent, or Department policy;

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

(m) 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 10400HB4966sam001 -38- LRB104 20048 KTG 37655 a or applications of this Section that can be given effect without the invalid provision or application.

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

(4) It is the policy of this State to ensure that all youth in the care of the Department receive the full 10400HB4966sam001 -39- LRB104 20048 KTG 37655 a 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.

"Risk of adverse action" means a loss of a protection available under Illinois law that would otherwise be available 10400HB4966sam001 -40- LRB104 20048 KTG 37655 a 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" does not include counseling or 10400HB4966sam001 -41- LRB104 20048 KTG 37655 a 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.

10400HB4966sam001 -42- LRB104 20048 KTG 37655 a interviews, written statements, structured surveys, clinical evaluations and consultations, drawings, or guided play.

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 older outside the State of Illinois, the Department shall 10400HB4966sam001 -43- LRB104 20048 KTG 37655 a 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.

(C) whether the laws and regulations in the placement jurisdiction may limit or interfere with 10400HB4966sam001 -44- LRB104 20048 KTG 37655 a access to care or services that would be lawful under Illinois law, including, but not limited to, 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;

and (F) the youth's best interest, taking into account 10400HB4966sam001 -45- LRB104 20048 KTG 37655 a the factors listed in subsection (4.05) of Section 1-3 of the Juvenile Court Act of 1987.

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 10400HB4966sam001 -46- LRB104 20048 KTG 37655 a with Department policy regarding documentation of sensitive identity information, when the youth reaches the 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 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 10400HB4966sam001 -47- LRB104 20048 KTG 37655 a attorney appointed to represent the youth under 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.

The Department 10400HB4966sam001 -48- LRB104 20048 KTG 37655 a shall inform the youth that the youth has the right to express or withhold support for the placement in these circumstances.

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.

If that youth is not 10400HB4966sam001 -49- LRB104 20048 KTG 37655 a already represented by an attorney, the Department 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.

The Department shall provide notice to the court in a manner HB4966 Enrolled - 49 - LRB104 20048 KTG 33499 b consistent with Department policy regarding documentation of sensitive identity information.

(1) For any youth age 8 or older placed outside the State of Illinois, the Department shall ensure that an Illinois-based caseworker maintains regular and meaningful contact with the youth for the purpose of monitoring and reassessing safety, well-being, access to medically 10400HB4966sam001 -50- LRB104 20048 KTG 37655 a appropriate care, and risk of adverse action in light of the youth's specific circumstances.

(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 Enrolled - 50 - 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;

(D) identifying emerging or reasonably foreseeable health care needs, including reproductive and sexual health needs, in light of the youth's age, 10400HB4966sam001 -51- LRB104 20048 KTG 37655 a development, and specific circumstances;

Caseworker contact required under this HB4966 Enrolled - 51 - 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.

(A) Department's ongoing monitoring and 10400HB4966sam001 -52- LRB104 20048 KTG 37655 a 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;

If, in responding to the Department's inquiry, the youth affirmatively expresses support for remaining in that interstate placement despite unmitigated risk of adverse action the diminished protections pose in light of the youth's specific circumstances, the Department shall 10400HB4966sam001 -53- LRB104 20048 KTG 37655 a not maintain this interstate placement unless:

(i) the Department determines it 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 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.

10400HB4966sam001 -54- LRB104 20048 KTG 37655 a (4) Ongoing reassessment under this subsection does not require the completion of an assessment form;

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 service provider's official duties in accordance with Sections 7.29 and 7.30.

A known, alleged, or suspected violation of a statutory requirement in this Section constitutes a significant event and requires a significant 10400HB4966sam001 -55- LRB104 20048 KTG 37655 a 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 Court Act of 1987.

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.

(F) require another state to permit or provide 10400HB4966sam001 -56- LRB104 20048 KTG 37655 a health care services;

(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;

10400HB4966sam001 -57- LRB104 20048 KTG 37655 a (20 ILCS 505/7.31 new) Sec.

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

(1) A list 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 nature of each significant event, 10400HB4966sam001 -58- LRB104 20048 KTG 37655 a summarized in a manner that protects the youth's identity from being revealed, and whether the significant event involved the conduct of the Department or a service provider.

(2) A list of the significant event reports the Department received reporting alleged, 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 that protects the youth's identity from being revealed, and whether the significant event involved the conduct of the Department or a service provider.

If any of 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 10400HB4966sam001 -59- LRB104 20048 KTG 37655 a sample size, the Department shall exclude the data elements that could be used to identify the youth or compromise the youth's safety and report that the specific data element was excluded for this reason.

On or 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.

10400HB4966sam001 -60- LRB104 20048 KTG 37655 a (20 ILCS 505/35.5) Sec.

(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 Enrolled - 60 - 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 Director of Children and Family Services shall provide 10400HB4966sam001 -61- LRB104 20048 KTG 37655 a the Inspector General with an implementation report on the status of any corrective actions taken on recommendations under review and shall continue sending updated reports until the corrective action is completed.

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 measures recommended by the Inspector General to address harm to a youth impacted by a violation of Section 7.29 or 7.30.

The Inspector General shall function independently within the Department of Children and Family Services with respect to the operations of the Office of Inspector General, including the performance of investigations and issuance of findings and recommendations, and shall report 10400HB4966sam001 -62- LRB104 20048 KTG 37655 a to the Director of Children and Family Services and the Governor and perform other duties the Director may designate.

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.

(d) The Inspector General may recommend to the Department 10400HB4966sam001 -63- LRB104 20048 KTG 37655 a of Children and Family Services, the Department of Public Health, or any other appropriate agency, sanctions to be imposed against service providers under the jurisdiction of or under contract with the Department for the protection of children in the custody or under the guardianship of the Department who received services from those providers.

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.

Any person who fails to appear in response to a 10400HB4966sam001 -64- LRB104 20048 KTG 37655 a subpoena or to answer any question or produce any books or papers pertinent to an investigation under this Act, except as otherwise provided in this Section, or who knowingly gives false testimony in relation to an investigation under this Act is guilty of a Class A misdemeanor.

(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.

and (C) for those investigations resulting in a 10400HB4966sam001 -65- LRB104 20048 KTG 37655 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;

(a) Any child care institution, group home, residential treatment center, foster home, or child placing agency 10400HB4966sam001 -66- LRB104 20048 KTG 37655 a licensed under this Act that serves a child in the care of the Department of Children and Family Services shall comply with Sections 5g, 6a, 7, 7.29, and 7.30 of the Children and Family Services Act.

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.

10400HB4966sam001 -67- LRB104 20048 KTG 37655 a Section 15.

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.

10400HB4966sam001 -68- LRB104 20048 KTG 37655 a (3) an explanation as to how the Department will ensure the safety and well-being of the minor in the out-of-state residential treatment center;

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;

10400HB4966sam001 -69- LRB104 20048 KTG 37655 a 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.

(c) This Section does not apply to an out-of-state placement of a minor in a family foster home, relative foster home, a home of a parent, or a dormitory or independent living setting of a minor attending a post-secondary educational 10400HB4966sam001 -70- LRB104 20048 KTG 37655 a institution.

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

or (iv) within 15 days of the Department approving an out-of-state placement not 10400HB4966sam001 -71- LRB104 20048 KTG 37655 a subject to the Interstate Compact on the Placement of Children, whichever is earlier.

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

(c) In addition to any rights the minor may have under Section 1-5 of this Act, if the minor is not already 10400HB4966sam001 -72- LRB104 20048 KTG 37655 a represented by an attorney, the court shall appoint an attorney for the minor upon notification from the Department that the minor requires appointment of an attorney in accordance with subsection (d) or (e) of Section 7.30 of the Children and Family Services Act.

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.

The custodian or guardian, within 10 days after such citation, or earlier if the court determines it to be necessary to protect the health, safety, or welfare of the minor, shall make the report, either in writing verified by affidavit or orally under oath in open 10400HB4966sam001 -73- LRB104 20048 KTG 37655 a court, or otherwise as the court directs.

However, custody of the minor shall not be restored to any parent, guardian, or legal custodian in any case in which the minor is found to be 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 parent, guardian, or legal custodian is fit to care for the minor.

"Direct case management, care, or placement" means work or services of individual workers or caregivers employed, contracted, or licensed by the Department or its service providers for child welfare services provided directly to individual minors, including, but not limited to, case 10400HB4966sam001 -74- LRB104 20048 KTG 37655 a management, clinical services, foster or relative caregiver services, and other placement services.

(B) Upon motion by any party or sua sponte, the court shall conduct a hearing to determine whether the minor has been HB4966 Enrolled - 74 - LRB104 20048 KTG 33499 b subjected to conduct by an individual employee, contractor, licensee, or caregiver providing the minor's direct case management, care, or placement that violates 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.

(E) If, after reviewing evidence, including evidence from the Department, the court determines that the minor has been subjected to conduct by an individual employee, contractor, licensee, or caregiver providing the minor's direct case management, care, or placement that violates the minor's 10400HB4966sam001 -75- LRB104 20048 KTG 37655 a rights under subparagraph (A) or (B) of paragraph (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, 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.

(iii) require the Department to refer the allegation of conduct in violation of 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 10400HB4966sam001 -76- LRB104 20048 KTG 37655 a 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;

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.

10400HB4966sam001 -77- LRB104 20048 KTG 37655 a (v) requiring the Department to submit a plan to remedy the harm that resulted from the violation;

and HB4966 Enrolled - 77 - LRB104 20048 KTG 33499 b (vii) requiring the Department to implement a recommendation by the minor's treating clinician, a clinician contracted by the Department to evaluate the minor, a recommendation made by the Department, or a reasonable and relevant request for specific support made by the minor.

The Department shall notify others of the decision 10400HB4966sam001 -78- LRB104 20048 KTG 37655 a to change the minor's placement as required by Department rule.

(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 an individual employee, contractor, licensee, or caregiver providing 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 (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 report shall explain the steps the agency is taking to ensure the minor is placed appropriately, how the minor's 10400HB4966sam001 -79- LRB104 20048 KTG 37655 a needs are being met in the minor's shelter placement, and if a 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.

(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 the minor child remains placed in a qualified residential treatment program, 10400HB4966sam001 -80- LRB104 20048 KTG 37655 a the Department shall submit evidence at each status and permanency hearing:

(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;

(E) if applicable, consistent with the Department policy regarding documentation of sensitive identity information, as that term is defined in Section 4d of the 10400HB4966sam001 -81- LRB104 20048 KTG 37655 a Children and Family Services Act, the efforts made by the Department to monitor and mitigate the risk of adverse action, as defined in subsection (b) of Section 7.30 of the Children and Family Services Act, relevant to the minor's circumstances in an out-of-state placement.

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.

Once the plan and goal have been achieved, if the minor remains in substitute care, the case shall be reviewed at least every 6 months thereafter, subject to the provisions of this Section, 10400HB4966sam001 -82- LRB104 20048 KTG 37655 a unless the minor is placed in the guardianship of a suitable relative or other person and the court determines that further monitoring by the court does not further the health, safety, or best interest of the minor child and that this is a stable permanent placement.

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).

(B) beginning July 1, 2025, a written description of 10400HB4966sam001 -83- LRB104 20048 KTG 37655 a ongoing family finding and relative engagement efforts in accordance with the requirements under Section 2-27.3 the agency has undertaken since the most recent report to the court to plan for the emotional and legal permanency of the minor;

(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.

whether the minor child can be returned home without jeopardizing the minor's child's health, safety, and welfare, what permanency goal is recommended to be in the best interests of the minor 10400HB4966sam001 -84- LRB104 20048 KTG 37655 a child, and the reasons for the recommendation.

(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;

(iv) if the minor is not currently in a placement that will provide permanency, identification of all persons presently willing and able to provide 10400HB4966sam001 -85- LRB104 20048 KTG 37655 a permanency to the minor through either guardianship or adoption, and beginning July 1, 2025, if none are available, a description of the efforts made in accordance with Section 2-27.3;

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

When the court finds that a parent has not made reasonable efforts or reasonable progress to date, the court shall 10400HB4966sam001 -86- LRB104 20048 KTG 37655 a identify what actions the parent and the Department must take in order to justify a finding of reasonable efforts or reasonable progress and shall set a status hearing to be held not earlier than 9 months from the date of adjudication nor later than 11 months from the date of adjudication during which the parent's progress will again be reviewed.

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:

10400HB4966sam001 -87- LRB104 20048 KTG 37655 a (iii) whether the minor is of sufficient age to remember the minor's parents and if the minor child values this familial identity;

(iv) whether the minor is placed with a relative, and beginning July 1, 2025, whether the minor is placed in a relative home as defined in Section 4d of the Children and Family Services Act or in a certified HB4966 Enrolled - 87 - LRB104 20048 KTG 33499 b relative caregiver home as defined in Section 2.36 of the Child Care Act of 1969;

(iii) whether the minor is of sufficient age to 10400HB4966sam001 -88- LRB104 20048 KTG 37655 a remember the minor's parents and if the minor child values this familial identity;

(iv) whether the minor is placed with a relative, and beginning July 1, 2025, whether the minor is placed in a relative home as defined in Section 4d of the Children and Family Services Act, in a certified relative caregiver home as defined in Section 2.36 of HB4966 Enrolled - 88 - LRB104 20048 KTG 33499 b the Child Care Act of 1969;

The services shall be documented in 10400HB4966sam001 -89- LRB104 20048 KTG 37655 a the service plan.

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.

(3) The court has found compelling reasons, based on written documentation reviewed by the court, to 10400HB4966sam001 -90- LRB104 20048 KTG 37655 a place the minor in continuing foster care.

(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;

and (5) The relative, certified relative caregiver, or foster parent currently caring for the minor child is 10400HB4966sam001 -91- LRB104 20048 KTG 37655 a willing and capable of providing the minor child with a stable and permanent environment.

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

(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 10400HB4966sam001 -92- LRB104 20048 KTG 37655 a 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 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 10400HB4966sam001 -93- LRB104 20048 KTG 37655 a 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 goal has been achieved, the court shall enter orders that are necessary to conform the minor's legal custody 10400HB4966sam001 -94- LRB104 20048 KTG 37655 a and status to those 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.

(2.5) If, after reviewing the evidence, including evidence from the Department, the court determines that the minor's current or planned placement is not necessary or appropriate 10400HB4966sam001 -95- LRB104 20048 KTG 37655 a to facilitate achievement of the permanency goal, the court shall put in writing the factual basis supporting its determination and enter specific findings based on the evidence.

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.

(3) Following the permanency hearing, the court shall enter a written order that includes the determinations required under subsections (2) and (2.3) of this Section and 10400HB4966sam001 -96- LRB104 20048 KTG 37655 a sets forth the following:

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 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 10400HB4966sam001 -97- LRB104 20048 KTG 37655 a Department compliance with the obligations of 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.

When parental rights have been terminated for a minimum of 3 years and the minor child who is the subject 10400HB4966sam001 -98- LRB104 20048 KTG 37655 a 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 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 10400HB4966sam001 -99- LRB104 20048 KTG 37655 a 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.

The court 10400HB4966sam001 -100- LRB104 20048 KTG 37655 a may also enter an order of protective supervision in accordance with Section 2-24.

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.

(b) The information derived from the investigation and 10400HB4966sam001 -101- LRB104 20048 KTG 37655 a 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 contest its significance.

(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.

The custodian or guardian, within 10 days after such citation, or earlier if the court 10400HB4966sam001 -102- LRB104 20048 KTG 37655 a determines it to be necessary to protect the health, safety, or welfare of the minor, shall make the report, either in writing verified by affidavit or orally under oath in open court, or otherwise as the court directs.

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.

"Direct case management, care, or placement" means work or services of individual workers or caregivers employed, 10400HB4966sam001 -103- LRB104 20048 KTG 37655 a contracted, or licensed by the Department or its service providers for child welfare services provided directly to individual minors, including, but not limited to, case management, clinical services, foster or relative caregiver services, and other placement services.

"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.

(E) If, after reviewing evidence, including evidence from the Department, the court determines that the minor has been 10400HB4966sam001 -104- LRB104 20048 KTG 37655 a subjected to conduct by an individual employee, contractor, licensee, or caregiver providing the minor's direct case management, care, or placement that violates 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, the court shall HB4966 Enrolled - 104 - LRB104 20048 KTG 33499 b put in writing the factual basis supporting its 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.

10400HB4966sam001 -105- LRB104 20048 KTG 37655 a (iii) require the Department to refer the allegation of conduct in violation of 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 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;

(ii) requiring the Department to amend the minor's service plan consistent with the court's findings under 10400HB4966sam001 -106- LRB104 20048 KTG 37655 a this subsection;

(v) requiring the Department to submit a plan to HB4966 Enrolled - 106 - LRB104 20048 KTG 33499 b remedy the harm that resulted from the violation;

If the Department determines removal is necessary, the Department shall notify the parties of the planned placement change in 10400HB4966sam001 -107- LRB104 20048 KTG 37655 a 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.

The Department shall notify others of the decision to change the minor's placement as required by Department HB4966 Enrolled - 107 - LRB104 20048 KTG 33499 b rule.

(2) in a psychiatric hospital past the time when the minor is clinically ready for discharge or beyond medical 10400HB4966sam001 -108- LRB104 20048 KTG 37655 a necessity for the minor's health;

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 10400HB4966sam001 -109- LRB104 20048 KTG 37655 a 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 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:

10400HB4966sam001 -110- LRB104 20048 KTG 37655 a (D) beginning July 1, 2025, documenting the Department's efforts regarding ongoing family finding and 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 10400HB4966sam001 -111- LRB104 20048 KTG 37655 a within that time frame, (b) if the parental rights of both parents have been terminated in accordance with the procedure described in subsection (5) of Section 2-21, within 30 days of the order for termination of parental rights and appointment 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 10400HB4966sam001 -112- LRB104 20048 KTG 37655 a minor, or another agency responsible for the minor's care, shall ensure that all parties to the permanency hearings are provided a copy of the most recent service plan prepared within the prior 6 months at least 14 days in advance of the 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 10400HB4966sam001 -113- LRB104 20048 KTG 37655 a the State of Illinois, an explanation of risk of adverse action, an explanation of the adverse action and the 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;

(i) confirmation that the caseworker has discussed the permanency options and subsidies available for 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 10400HB4966sam001 -114- LRB104 20048 KTG 37655 a age-appropriate manner;

(ii) confirmation that the caseworker has 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;

If a permanency hearing has not previously been scheduled by the court, the moving party shall move for the 10400HB4966sam001 -115- LRB104 20048 KTG 37655 a setting of a permanency hearing and the entry of an order within the time frames set forth in this subsection.

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.

10400HB4966sam001 -116- LRB104 20048 KTG 37655 a (C), (D), (E), (F), (G), or (H) for the minor as appropriate and based on the best interests of the minor.

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 10400HB4966sam001 -117- LRB104 20048 KTG 37655 a informed about guardianship and adoption, and, if appropriate, what preferences, if any, the parent or 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:

(v) whether the minor is already placed in a pre-adoptive home, and if not, whether such a home has 10400HB4966sam001 -118- LRB104 20048 KTG 37655 a been identified;

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.

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 10400HB4966sam001 -119- LRB104 20048 KTG 37655 a in the minor's child's best interest.

(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 10400HB4966sam001 -120- LRB104 20048 KTG 37655 a (c) the minor child who is the subject of the permanency hearing has existing close and strong 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;

(B) Options available for permanence, including both 10400HB4966sam001 -121- LRB104 20048 KTG 37655 a out-of-state and in-state placement options.

(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.

10400HB4966sam001 -122- LRB104 20048 KTG 37655 a The court shall make findings as to whether, in violation of Section 8.2 of the Abused and Neglected Child Reporting 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.

The court shall review the Sibling Contact Support Plan 10400HB4966sam001 -123- LRB104 20048 KTG 37655 a developed or modified under subsection (f) of Section 7.4 of the Children and Family Services Act, if applicable.

If the 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 10400HB4966sam001 -124- LRB104 20048 KTG 37655 a calculated to facilitate achievement of the permanency goal, the court shall put in writing the factual basis supporting the determination and enter specific findings based on the evidence.

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.

(2.5) If, after reviewing the evidence, including evidence from the Department, the court determines that the minor's current or planned placement is not necessary or appropriate to facilitate achievement of the permanency goal, the court shall put in writing the factual basis supporting its determination and enter specific findings based on the 10400HB4966sam001 -125- LRB104 20048 KTG 37655 a evidence.

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.

(a) The future status of the minor, including the permanency goal, and any order necessary to conform the 10400HB4966sam001 -126- LRB104 20048 KTG 37655 a minor's legal custody and status to such determination;

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.

10400HB4966sam001 -127- LRB104 20048 KTG 37655 a (iv) (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.

10400HB4966sam001 -128- LRB104 20048 KTG 37655 a 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 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, 10400HB4966sam001 -129- LRB104 20048 KTG 37655 a 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 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 10400HB4966sam001 -130- LRB104 20048 KTG 37655 a 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 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.

(a) Any agency of this State or any subdivision thereof shall cooperate with the agent of the court in 10400HB4966sam001 -131- LRB104 20048 KTG 37655 a providing any information sought in the investigation.

(b) The information derived from the investigation and any conclusions or recommendations derived from the information shall be provided to the parent, guardian, or legal custodian seeking restoration of custody prior to 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.

(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 10400HB4966sam001 -132- LRB104 20048 KTG 37655 a 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.

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 10400HB4966sam001 -133- LRB104 20048 KTG 37655 a present custodial or foster care.

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.

No legal custodian or guardian of the person may be removed without the legal 10400HB4966sam001 -134- LRB104 20048 KTG 37655 a custodian's or guardian's consent until given notice and an opportunity to be heard by the court.

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

or (d) if a report has been filed under paragraph (c) of this subsection, a supplemental report shall be filed 10400HB4966sam001 -135- LRB104 20048 KTG 37655 a every 6 months thereafter.

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.

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 10400HB4966sam001 -136- LRB104 20048 KTG 37655 a will be provided by the Independent Juvenile Ombudsperson upon request.

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

Upon the hearing of the report, the court may remove the legal custodian or guardian and appoint another in the legal 10400HB4966sam001 -137- LRB104 20048 KTG 37655 a 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.

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 10400HB4966sam001 -138- LRB104 20048 KTG 37655 a hearings as set out in Section 2-28.2 of Article II of 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.

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 10400HB4966sam001 -139- LRB104 20048 KTG 37655 a 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;

(5) With respect to any report required to be filed with 10400HB4966sam001 -140- LRB104 20048 KTG 37655 a 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.

Where this Act makes changes in a statute that is represented in this Act by text 10400HB4966sam001 -141- LRB104 20048 KTG 37655 a that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.

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

This Act takes effect upon becoming law.law.".