Bill Amendment: IL HB4304 | 2021-2022 | 102nd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: FOSTER CARE INVESTIGATIVE COMM

Status: 2022-05-13 - Public Act . . . . . . . . . 102-0763 [HB4304 Detail]

Download: Illinois-2021-HB4304-House_Amendment_001.html

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Rep. Lakesia Collins

Filed: 2/4/2022

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AMENDMENT TO HOUSE BILL 4304
AMENDMENT NO. ______. Amend House Bill 4304 by replacing
everything after the enacting clause with the following:
"Section 5. The Children and Family Services Act is
amended by adding Sections 5.26 and 17a-16 as follows:
(20 ILCS 505/5.26 new)
Sec. 5.26. Foster children; exit interviews.
(a) Unless clinically contraindicated, the Department
shall ensure that an exit interview is conducted with every
child age 5 and over who leaves a foster home.
(1) The interview shall be conducted by a caseworker,
mental health provider, or clinician from the Department's
Division of Clinical Practice.
(2) The interview shall be conducted within 5 days of
the child's removal from the home.
(3) The interviewer shall comply with the provisions

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of the Abused and Neglected Child Reporting Act if the
child discloses abuse or neglect as defined by that Act.
(4) The interviewer shall immediately inform the
licensing agency if the child discloses any information
that would constitute a potential licensing violation.
(5) Documentation of the interview shall be (i)
maintained in the foster parent's licensing file, (ii)
maintained in the child's case file, (iii) included in the
service plan for the child, and (iv) and provided to the
child's guardian ad litem and attorney appointed under
Section 2-17 of the Juvenile Court Act of 1987.
(6) The determination that an interview in compliance
with this Section is clinically contraindicated shall be
made by the caseworker, in consultation with the child's
mental health provider, if any, and the caseworker's
supervisor. If the child does not have a mental health
provider, the caseworker shall request a consultation with
the Department's Division of Clinical Practice regarding
whether an interview is clinically contraindicated. The
decision and the basis for the decision shall be
documented in writing and shall be (i) maintained in the
foster parent's licensing file, (ii) maintained in the
child's case file, and (iii) attached as part of the
service plan for the child.
(7) The information gathered during the interview
shall be dependent on the age and maturity of the child and

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the circumstances of the child's removal. The
interviewer's observations and any information relevant to
understanding the child's responses shall be recorded on
the interview form. At a minimum, the interview shall
address the following areas:
(A) How the child's basic needs were met in the
home: who prepared food and was there sufficient food;
whether the child had appropriate clothing; sleeping
arrangements; supervision appropriate to the child's
age and special needs; was the child enrolled in
school, and did the child receive the support needed
to complete his or her school work.
(B) Access to caseworker, therapist, or guardian
ad litem: whether the child was able to contact these
professionals and how.
(C) Safety and comfort in the home: how did the
child feel in the home; was the foster parent
affirming of the child's identity; did anything happen
that made the child happy; did anything happen that
was scary or sad; what happened when the child did
something he or she should not have done; if relevant,
how does the child think the foster parent felt about
the child's family of origin, including parents and
siblings; and was the foster parent supportive of the
permanency goal.
(D) Normalcy: whether the child felt included in

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the family; whether the child participated in
extracurricular activities; whether the foster parent
participated in planning for the child, including
child and family team meetings and school meetings.
(b) The Department shall develop procedures, including an
interview form, no later than January 1, 2023, to implement
this Section.
(c) Beginning July 1, 2023 and quarterly thereafter, the
Department shall post on its webpage a report summarizing the
details of the exit interviews.
(20 ILCS 505/17a-16 new)
Sec. 17a-16. Foster Care Investigative Reports Commission.
(a) As used in this Section:
"Commission" means the Foster Care Investigative Reports
Commission.
"Department" means the Department of Children and Family
Services.
"Director" means the Director of the Foster Care
Investigative Reports Commission.
(b) The Foster Care Investigative Reports Commission is
created as an executive agency of State government to
investigate all adverse reports submitted by foster parents to
the Department of Children and Family Services concerning the
children placed in their care.
(c) The Commission shall consist of 9 members appointed by

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the Governor with the advice and consent of the Senate.
Members appointed to the Commission shall either (i) have a
professional background in foster care services or a notable
interest in foster care services or (ii) be a foster child or
the adopted parent of a former foster child. The Commission
shall elect its own chairperson on an annual basis. Commission
members shall serve without compensation but may be reimbursed
for expenses incurred in the performance of their duties. Each
member shall serve a term of 2 years or until his or her
successor is appointed. Vacancies shall be filled in the same
manner as original appointments. The Commission shall meet
quarterly at the call of the chairperson beginning as soon as
practicable after the effective date of this amendatory Act of
the 102nd General Assembly.
(d) Subject to appropriation, the Commission shall hire a
Director and staff to process and investigate all adverse
reports referred by the Department to the Commission as
provided in subsection (e). The Director and staff shall also
carry out any other powers and duties of the Commission in
accordance with this Section and the rules adopted by the
Commission. All staff other than the Director shall be subject
to the Personnel Code.
(e) Every adverse report submitted by a licensed foster
parent to the Department shall be sent to the Director for
review. Upon receipt of an adverse report, the Director and
his or her staff shall conduct an investigation to determine

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whether the information and allegations set forth in the
report are true or false. After the conclusion of the
investigation, the Director shall report his or her findings
and recommendations to the Commission in a written
investigative summary report. The Commission shall review and
consider the Director's findings and recommendations before
making a final determination as to the foster parent's adverse
report. If, after its review, the Commission determines by
majority vote that there is sufficient evidence to believe
that the foster parent's adverse report is false or
inaccurate, the Commission shall issue a final written report
that sets forth the specific reasons for why it determined the
foster parent's report to be false or inaccurate. A copy of the
Commission's final written report shall be sent to the
Department to be filed with the foster child's official
records. If, after its review, the Commission determines by
majority vote that there is sufficient evidence to believe
that the foster parent's adverse report it true or accurate,
the Commission shall issue a written statement of its decision
and send a copy of its written statement to the Department to
be filed with the foster child's official records.
(f) In the course of an investigation, the Director, the
Director's staff, and the Commission may inspect and copy any
materials relevant to the investigation that are in the
possession of the Department. Any information obtained under
this Section by the Director, the Director's staff, or the

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Commission is confidential and may not be disclosed to any
third party unless otherwise authorized by law. Any person who
transmits confidential information in violation of this
Section or causes the information to be transmitted in
violation of this Section is guilty of a Class A misdemeanor
unless the transmittal of the information is authorized by
this Section or otherwise authorized by law.
(g) The Commission shall prepare an annual report on its
operations and submit the report to the Governor and the
General Assembly.
(h) The Commission shall adopt any rules necessary to
implement the provisions of this Section. Rules adopted by the
Commission shall be subject to the provisions of the Illinois
Administrative Procedure Act.
Section 10. The Child Care Act of 1969 is amended by
changing Sections 2.22a and 4 as follows:
(225 ILCS 10/2.22a)
Sec. 2.22a. Quality of care concerns applicant. "Quality
of care concerns applicant" means an applicant for a foster
care license or renewal of a foster care license where the
applicant or any person living in the applicant's household:
(1) has had a license issued under this Act revoked;
(2) has surrendered a license issued under this Act

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for cause;
(3) has had a license issued under this Act expire or
has surrendered a license, while either an abuse or
neglect investigation or licensing investigation was
pending or an involuntary placement hold was placed on the
home;
(4) has been the subject of allegations of abuse or
neglect;
(5) has an indicated report of abuse or neglect; or
(6) has been the subject of certain types of
involuntary placement holds or has been involved in
certain types of substantiated licensing complaints, as
specified and defined by Department rule; or .
(7) has requested a youth in care's removal from the
home, either orally or in writing, on 5 or more occasions.
(Source: P.A. 99-779, eff. 1-1-17.)
(225 ILCS 10/4) (from Ch. 23, par. 2214)
Sec. 4. License requirement; application; notice.
(a) Any person, group of persons or corporation who or
which receives children or arranges for care or placement of
one or more children unrelated to the operator must apply for a
license to operate one of the types of facilities defined in
Sections 2.05 through 2.19 and in Section 2.22 of this Act. Any
relative, as defined in Section 2.17 of this Act, who receives
a child or children for placement by the Department on a

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full-time basis may apply for a license to operate a foster
family home as defined in Section 2.17 of this Act.
(a-5) Any agency, person, group of persons, association,
organization, corporation, institution, center, or group
providing adoption services must be licensed by the Department
as a child welfare agency as defined in Section 2.08 of this
Act. "Providing adoption services" as used in this Act,
includes facilitating or engaging in adoption services.
(b) Application for a license to operate a child care
facility must be made to the Department in the manner and on
forms prescribed by it. An application to operate a foster
family home shall include, at a minimum: a completed written
form; written authorization by the applicant and all adult
members of the applicant's household to conduct a criminal
background investigation; medical evidence in the form of a
medical report, on forms prescribed by the Department, that
the applicant and all members of the household are free from
communicable diseases or physical and mental conditions that
affect their ability to provide care for the child or
children; the names and addresses of at least 3 persons not
related to the applicant who can attest to the applicant's
moral character; the name and address of at least one relative
who can attest to the applicant's capability to care for the
child or children; and fingerprints submitted by the applicant
and all adult members of the applicant's household.
(b-5) Prior to submitting an application for a foster

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family home license, a quality of care concerns applicant as
defined in Section 2.22a of this Act must submit a preliminary
application to the Department in the manner and on forms
prescribed by it. The Department shall explain to the quality
of care concerns applicant the grounds for requiring a
preliminary application. The preliminary application shall
include a list of (i) all children placed in the home by the
Department who were removed by the Department for reasons
other than returning to a parent and the circumstances under
which they were removed and (ii) all children placed by the
Department who were subsequently adopted by or placed in the
private guardianship of the quality of care concerns applicant
who are currently under 18 and who no longer reside in the home
and the reasons why they no longer reside in the home. The
preliminary application shall also include, if the quality of
care concerns applicant chooses to submit, (1) a response to
the quality of care concerns, including any reason the
concerns are invalid, have been addressed or ameliorated, or
no longer apply and (2) affirmative documentation
demonstrating that the quality of care concerns applicant's
home does not pose a risk to children and that the family will
be able to meet the physical and emotional needs of children.
The Department shall verify the information in the preliminary
application and review (i) information regarding any prior
licensing complaints, (ii) information regarding any prior
child abuse or neglect investigations, and (iii) information

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regarding any involuntary foster home holds placed on the home
by the Department, and (iv) information regarding all child
exit interviews, as provided in Section 5.26 of the Children
and Family Services Act, regarding the home. Foster home
applicants with quality of care concerns are presumed
unsuitable for future licensure.
Notwithstanding the provisions of this subsection (b-5),
the Department may make an exception and issue a foster family
license to a quality of care concerns applicant if the
Department is satisfied that the foster family home does not
pose a risk to children and that the foster family will be able
to meet the physical and emotional needs of children. In
making this determination, the Department must obtain and
carefully review all relevant documents and shall obtain
consultation from its Clinical Division as appropriate and as
prescribed by Department rule and procedure. The Department
has the authority to deny a preliminary application based on
the record of quality of care concerns of the foster family
home. In the alternative, the Department may (i) approve the
preliminary application, (ii) approve the preliminary
application subject to obtaining additional information or
assessments, or (iii) approve the preliminary application for
purposes of placing a particular child or children only in the
foster family home. If the Department approves a preliminary
application, the foster family shall submit an application for
licensure as described in subsection (b) of this Section. The

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Department shall notify the quality of care concerns applicant
of its decision and the basis for its decision in writing.
(c) The Department shall notify the public when a child
care institution, maternity center, or group home licensed by
the Department undergoes a change in (i) the range of care or
services offered at the facility, (ii) the age or type of
children served, or (iii) the area within the facility used by
children. The Department shall notify the public of the change
in a newspaper of general circulation in the county or
municipality in which the applicant's facility is or is
proposed to be located.
(d) If, upon examination of the facility and investigation
of persons responsible for care of children and, in the case of
a foster home, taking into account information obtained for
purposes of evaluating a preliminary application, if
applicable, the Department is satisfied that the facility and
responsible persons reasonably meet standards prescribed for
the type of facility for which application is made, it shall
issue a license in proper form, designating on that license
the type of child care facility and, except for a child welfare
agency, the number of children to be served at any one time.
(e) The Department shall not issue or renew the license of
any child welfare agency providing adoption services, unless
the agency (i) is officially recognized by the United States
Internal Revenue Service as a tax-exempt organization
described in Section 501(c)(3) of the Internal Revenue Code of

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1986 (or any successor provision of federal tax law) and (ii)
is in compliance with all of the standards necessary to
maintain its status as an organization described in Section
501(c)(3) of the Internal Revenue Code of 1986 (or any
successor provision of federal tax law). The Department shall
grant a grace period of 24 months from the effective date of
this amendatory Act of the 94th General Assembly for existing
child welfare agencies providing adoption services to obtain
501(c)(3) status. The Department shall permit an existing
child welfare agency that converts from its current structure
in order to be recognized as a 501(c)(3) organization as
required by this Section to either retain its current license
or transfer its current license to a newly formed entity, if
the creation of a new entity is required in order to comply
with this Section, provided that the child welfare agency
demonstrates that it continues to meet all other licensing
requirements and that the principal officers and directors and
programs of the converted child welfare agency or newly
organized child welfare agency are substantially the same as
the original. The Department shall have the sole discretion to
grant a one year extension to any agency unable to obtain
501(c)(3) status within the timeframe specified in this
subsection (e), provided that such agency has filed an
application for 501(c)(3) status with the Internal Revenue
Service within the 2-year timeframe specified in this
subsection (e).

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(Source: P.A. 101-63, eff. 7-12-19.)".