Rep. Monique D. Davis
Filed: 4/1/2014
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1 | AMENDMENT TO HOUSE BILL 4736
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2 | AMENDMENT NO. ______. Amend House Bill 4736 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Children and Family Services Act is amended | ||||||
5 | by changing Section 7 as follows:
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6 | (20 ILCS 505/7) (from Ch. 23, par. 5007)
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7 | Sec. 7. Placement of children; considerations.
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8 | (a) In placing any child under this Act, the Department | ||||||
9 | shall place the
child, as far as possible, in the care and | ||||||
10 | custody of some individual
holding the same religious belief as | ||||||
11 | the parents of the child, or with some
child care facility | ||||||
12 | which is operated by persons of like religious faith as
the | ||||||
13 | parents of such child.
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14 | (a-5) In placing a child under this Act, the Department | ||||||
15 | shall place the child with the child's
sibling or siblings | ||||||
16 | under Section 7.4 of this Act unless the placement is not in |
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1 | each child's best
interest, or is otherwise not possible under | ||||||
2 | the Department's rules. If the child is not
placed with a | ||||||
3 | sibling under the Department's rules, the Department shall | ||||||
4 | consider
placements that are likely to develop, preserve, | ||||||
5 | nurture, and support sibling relationships, where
doing so is | ||||||
6 | in each child's best interest. | ||||||
7 | (b) In placing a child under this Act, the Department may | ||||||
8 | place a child
with a relative if the Department determines that | ||||||
9 | the relative
will be able to adequately provide for the child's | ||||||
10 | safety and welfare based on the factors set forth in the | ||||||
11 | Department's rules governing relative placements, and that the | ||||||
12 | placement is consistent with the child's best interests, taking | ||||||
13 | into consideration the factors set out in subsection (4.05) of | ||||||
14 | Section 1-3 of the Juvenile Court Act of 1987. | ||||||
15 | When the Department first assumes custody of a child, in | ||||||
16 | placing that child under this Act, the Department shall make | ||||||
17 | reasonable efforts to identify , locate, and provide notice to | ||||||
18 | all adult grandparents and other adult relatives of the child | ||||||
19 | who are and locate a relative who is ready, willing, and able | ||||||
20 | to care for the child. At a minimum, these efforts shall be | ||||||
21 | renewed each time the child requires a placement change and it | ||||||
22 | is appropriate for the child to be cared for in a home | ||||||
23 | environment. The Department must document its efforts to | ||||||
24 | identify and locate such a relative placement and maintain the | ||||||
25 | documentation in the child's case file. | ||||||
26 | If the Department determines that a placement with any |
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1 | identified relative is not in the child's best interests or | ||||||
2 | that the relative does not meet the requirements to be a | ||||||
3 | relative caregiver, as set forth in Department rules or by | ||||||
4 | statute, the Department must document the basis for that | ||||||
5 | decision and maintain the documentation in the child's case | ||||||
6 | file.
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7 | If, pursuant to the Department's rules, any person files an | ||||||
8 | administrative appeal of the Department's decision not to place | ||||||
9 | a child with a relative, it is the Department's burden to prove | ||||||
10 | that the decision is consistent with the child's best | ||||||
11 | interests. | ||||||
12 | When the Department determines that the child requires | ||||||
13 | placement in an environment, other than a home environment, the | ||||||
14 | Department shall continue to make reasonable efforts to | ||||||
15 | identify and locate relatives to serve as visitation resources | ||||||
16 | for the child and potential future placement resources, except | ||||||
17 | when the Department determines that those efforts would be | ||||||
18 | futile or inconsistent with the child's best interests. | ||||||
19 | If the Department determines that efforts to identify and | ||||||
20 | locate relatives would be futile or inconsistent with the | ||||||
21 | child's best interests, the Department shall document the basis | ||||||
22 | of its determination and maintain the documentation in the | ||||||
23 | child's case file. | ||||||
24 | If the Department determines that an individual or a group | ||||||
25 | of relatives are inappropriate to serve as visitation resources | ||||||
26 | or possible placement resources, the Department shall document |
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1 | the basis of its determination and maintain the documentation | ||||||
2 | in the child's case file. | ||||||
3 | When the Department determines that an individual or a | ||||||
4 | group of relatives are appropriate to serve as visitation | ||||||
5 | resources or possible future placement resources, the | ||||||
6 | Department shall document the basis of its determination, | ||||||
7 | maintain the documentation in the child's case file, create a | ||||||
8 | visitation or transition plan, or both, and incorporate the | ||||||
9 | visitation or transition plan, or both, into the child's case | ||||||
10 | plan. For the purpose of this subsection, any determination as | ||||||
11 | to the child's best interests shall include consideration of | ||||||
12 | the factors set out in subsection (4.05) of Section 1-3 of the | ||||||
13 | Juvenile Court Act of 1987.
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14 | The Department may not place a child with a relative, with | ||||||
15 | the exception of
certain circumstances which may be waived as | ||||||
16 | defined by the Department in
rules, if the results of a check | ||||||
17 | of the Law Enforcement Agencies
Data System (LEADS) identifies | ||||||
18 | a prior criminal conviction of the relative or
any adult member | ||||||
19 | of the relative's household for any of the following offenses
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20 | under the Criminal Code of 1961 or the Criminal Code of 2012:
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21 | (1) murder;
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22 | (1.1) solicitation of murder;
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23 | (1.2) solicitation of murder for hire;
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24 | (1.3) intentional homicide of an unborn child;
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25 | (1.4) voluntary manslaughter of an unborn child;
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26 | (1.5) involuntary manslaughter;
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1 | (1.6) reckless homicide;
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2 | (1.7) concealment of a homicidal death;
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3 | (1.8) involuntary manslaughter of an unborn child;
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4 | (1.9) reckless homicide of an unborn child;
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5 | (1.10) drug-induced homicide;
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6 | (2) a sex offense under Article 11, except offenses | ||||||
7 | described in Sections
11-7, 11-8, 11-12, 11-13, 11-35, | ||||||
8 | 11-40, and 11-45;
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9 | (3) kidnapping;
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10 | (3.1) aggravated unlawful restraint;
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11 | (3.2) forcible detention;
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12 | (3.3) aiding and abetting child abduction;
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13 | (4) aggravated kidnapping;
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14 | (5) child abduction;
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15 | (6) aggravated battery of a child as described in | ||||||
16 | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
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17 | (7) criminal sexual assault;
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18 | (8) aggravated criminal sexual assault;
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19 | (8.1) predatory criminal sexual assault of a child;
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20 | (9) criminal sexual abuse;
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21 | (10) aggravated sexual abuse;
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22 | (11) heinous battery as described in Section 12-4.1 or | ||||||
23 | subdivision (a)(2) of Section 12-3.05;
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24 | (12) aggravated battery with a firearm as described in | ||||||
25 | Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or | ||||||
26 | (e)(4) of Section 12-3.05;
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1 | (13) tampering with food, drugs, or cosmetics;
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2 | (14) drug-induced infliction of great bodily harm as | ||||||
3 | described in Section 12-4.7 or subdivision (g)(1) of | ||||||
4 | Section 12-3.05;
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5 | (15) aggravated stalking;
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6 | (16) home invasion;
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7 | (17) vehicular invasion;
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8 | (18) criminal transmission of HIV;
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9 | (19) criminal abuse or neglect of an elderly or | ||||||
10 | disabled person as described in Section 12-21 or subsection | ||||||
11 | (b) of Section 12-4.4a;
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12 | (20) child abandonment;
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13 | (21) endangering the life or health of a child;
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14 | (22) ritual mutilation;
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15 | (23) ritualized abuse of a child;
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16 | (24) an offense in any other state the elements of | ||||||
17 | which are similar and
bear a substantial relationship to | ||||||
18 | any of the foregoing offenses.
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19 | For the purpose of this subsection, "relative" shall include
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20 | any person, 21 years of age or over, other than the parent, who | ||||||
21 | (i) is
currently related to the child in any of the following | ||||||
22 | ways by blood or
adoption: grandparent, sibling, | ||||||
23 | great-grandparent, uncle, aunt, nephew, niece,
first cousin, | ||||||
24 | second cousin, godparent, great-uncle, or great-aunt; or (ii) | ||||||
25 | is
the spouse of such a
relative; or (iii) is the child's | ||||||
26 | step-father, step-mother, or adult
step-brother or |
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1 | step-sister; "relative" also includes a person related in any
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2 | of the foregoing ways to a sibling of a child, even though the | ||||||
3 | person is not
related to the child, when the
child and its | ||||||
4 | sibling are placed together with that person. For children who | ||||||
5 | have been in the guardianship of the Department, have been | ||||||
6 | adopted, and are subsequently returned to the temporary custody | ||||||
7 | or guardianship of the Department, a "relative" may also | ||||||
8 | include any person who would have qualified as a relative under | ||||||
9 | this paragraph prior to the adoption, but only if the | ||||||
10 | Department determines, and documents, that it would be in the | ||||||
11 | child's best interests to consider this person a relative, | ||||||
12 | based upon the factors for determining best interests set forth | ||||||
13 | in subsection (4.05) of Section 1-3 of the Juvenile Court Act | ||||||
14 | of 1987. A relative with
whom a child is placed pursuant to | ||||||
15 | this subsection may, but is not required to,
apply for | ||||||
16 | licensure as a foster family home pursuant to the Child Care | ||||||
17 | Act of
1969; provided, however, that as of July 1, 1995, foster | ||||||
18 | care payments shall be
made only to licensed foster family | ||||||
19 | homes pursuant to the terms of Section 5 of
this Act.
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20 | (c) In placing a child under this Act, the Department shall | ||||||
21 | ensure that
the child's health, safety, and best interests are | ||||||
22 | met.
In rejecting placement of a child with an identified | ||||||
23 | relative, the Department shall ensure that the child's health, | ||||||
24 | safety, and best interests are met. In evaluating the best | ||||||
25 | interests of the child, the Department shall take into | ||||||
26 | consideration the factors set forth in subsection (4.05) of |
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1 | Section 1-3 of the Juvenile Court Act of 1987.
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2 | The Department shall consider the individual needs of the
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3 | child and the capacity of the prospective foster or adoptive
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4 | parents to meet the needs of the child. When a child must be | ||||||
5 | placed
outside his or her home and cannot be immediately | ||||||
6 | returned to his or her
parents or guardian, a comprehensive, | ||||||
7 | individualized assessment shall be
performed of that child at | ||||||
8 | which time the needs of the child shall be
determined. Only if | ||||||
9 | race, color, or national origin is identified as a
legitimate | ||||||
10 | factor in advancing the child's best interests shall it be
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11 | considered. Race, color, or national origin shall not be | ||||||
12 | routinely
considered in making a placement decision. The | ||||||
13 | Department shall make
special
efforts for the diligent | ||||||
14 | recruitment of potential foster and adoptive families
that | ||||||
15 | reflect the ethnic and racial diversity of the children for | ||||||
16 | whom foster
and adoptive homes are needed. "Special efforts" | ||||||
17 | shall include contacting and
working with community | ||||||
18 | organizations and religious organizations and may
include | ||||||
19 | contracting with those organizations, utilizing local media | ||||||
20 | and other
local resources, and conducting outreach activities.
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21 | (c-1) At the time of placement, the Department shall | ||||||
22 | consider concurrent
planning, as described in subsection (l-1) | ||||||
23 | of Section 5, so that permanency may
occur at the earliest | ||||||
24 | opportunity. Consideration should be given so that if
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25 | reunification fails or is delayed, the placement made is the | ||||||
26 | best available
placement to provide permanency for the child.
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1 | (d) The Department may accept gifts, grants, offers of | ||||||
2 | services, and
other contributions to use in making special | ||||||
3 | recruitment efforts.
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4 | (e) The Department in placing children in adoptive or | ||||||
5 | foster care homes
may not, in any policy or practice relating | ||||||
6 | to the placement of children for
adoption or foster care, | ||||||
7 | discriminate against any child or prospective adoptive
or | ||||||
8 | foster parent on the basis of race.
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9 | (Source: P.A. 96-1551, Article 1, Section 900, eff. 7-1-11; | ||||||
10 | 96-1551, Article 2, Section 920, eff. 7-1-11; 97-1076, eff. | ||||||
11 | 8-24-12; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)".
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