Bill Text: IL HB3896 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Illinois State Police Law of the Civil Administrative Code of Illinois. Provides that the Illinois State Police shall create the Be on the Lookout (BOLO) System in the Law Enforcement Agencies Data System (LEADS) that would alert the Missing Persons Awareness Network when an endangered missing youth is entered into LEADS. Provides that the Illinois State Police shall coordinate with the Missing Persons Awareness Network to reach out to the affected family and take the first steps in assisting the family in finding the missing youth. Amends the Missing Persons Identification Act. Defines "endangered missing youth". Provides that, in the case of an endangered missing youth, the responding local law enforcement agency shall immediately enter all collected information relating to the missing person case in LEADS and the National Crime Information Center databases and the National Missing and Unidentified Persons System immediately following the assignment of a case number to the endangered missing youth case. Provides that, in cases where the BOLO System has been triggered for an endangered missing youth, the Missing Persons Action Network or similar volunteer network must assign a liaison responsible for reaching out to the family and assisting law enforcement and the family in finding the endangered missing youth, as well as putting the family in contact with the organization's network of investigators. In various Acts and Codes, replaces references to "runaway" youth with "missing youthâ.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2023-03-10 - Rule 19(a) / Re-referred to Rules Committee [HB3896 Detail]
Download: Illinois-2023-HB3896-Introduced.html
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1 | AN ACT concerning government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Identification Card Act is amended | |||||||||||||||||||||||||||||||||||||||||
5 | by changing Section 4C as follows:
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6 | (15 ILCS 335/4C) | |||||||||||||||||||||||||||||||||||||||||
7 | Sec. 4C. Homeless person status. For the purposes of this | |||||||||||||||||||||||||||||||||||||||||
8 | Act, an individual's
status as a "homeless person" may be | |||||||||||||||||||||||||||||||||||||||||
9 | verified by a human services, legal services, or other worker | |||||||||||||||||||||||||||||||||||||||||
10 | that has knowledge of the individual's housing status, | |||||||||||||||||||||||||||||||||||||||||
11 | including, but not limited to: | |||||||||||||||||||||||||||||||||||||||||
12 | (1) a homeless service agency receiving federal, | |||||||||||||||||||||||||||||||||||||||||
13 | State, county, or municipal funding to provide those | |||||||||||||||||||||||||||||||||||||||||
14 | services or otherwise sanctioned by local continuum of | |||||||||||||||||||||||||||||||||||||||||
15 | care; | |||||||||||||||||||||||||||||||||||||||||
16 | (2) an attorney licensed to practice in the State of | |||||||||||||||||||||||||||||||||||||||||
17 | Illinois; | |||||||||||||||||||||||||||||||||||||||||
18 | (3) a public school homeless liaison or school social | |||||||||||||||||||||||||||||||||||||||||
19 | worker; or | |||||||||||||||||||||||||||||||||||||||||
20 | (4) a human services provider funded by the State of | |||||||||||||||||||||||||||||||||||||||||
21 | Illinois to serve homeless or missing runaway youth, | |||||||||||||||||||||||||||||||||||||||||
22 | individuals with mental illness, or individuals with | |||||||||||||||||||||||||||||||||||||||||
23 | addictions. |
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1 | Individuals who are homeless must not be charged for this | ||||||
2 | verification. The Secretary of State by rule shall establish | ||||||
3 | standards and procedures consistent with this Section for | ||||||
4 | waiver of the Illinois Identification Care fee based on | ||||||
5 | homelessness, which shall include the name and address of the | ||||||
6 | individual and the agency providing verification of | ||||||
7 | homelessness. Any falsification of this official record is | ||||||
8 | subject to penalty.
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9 | (Source: P.A. 96-183, eff. 7-1-10; 96-1000, eff. 7-2-10.)
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10 | Section 10. The Children and Family Services Act is | ||||||
11 | amended by changing Section 5 as follows:
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12 | (20 ILCS 505/5) (from Ch. 23, par. 5005)
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13 | Sec. 5. Direct child welfare services; Department of | ||||||
14 | Children and Family
Services. To provide direct child welfare | ||||||
15 | services when not available
through other public or private | ||||||
16 | child care or program facilities.
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17 | (a) For purposes of this Section:
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18 | (1) "Children" means persons found within the State | ||||||
19 | who are under the
age of 18 years. The term also includes | ||||||
20 | persons under age 21 who:
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21 | (A) were committed to the Department pursuant to | ||||||
22 | the
Juvenile Court Act or the Juvenile Court Act of | ||||||
23 | 1987 and who continue under the jurisdiction of the | ||||||
24 | court; or
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1 | (B) were accepted for care, service and training | ||||||
2 | by
the Department prior to the age of 18 and whose best | ||||||
3 | interest in the
discretion of the Department would be | ||||||
4 | served by continuing that care,
service and training | ||||||
5 | because of severe emotional disturbances, physical
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6 | disability, social adjustment or any combination | ||||||
7 | thereof, or because of the
need to complete an | ||||||
8 | educational or vocational training program.
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9 | (2) "Homeless youth" means persons found within the
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10 | State who are under the age of 19, are not in a safe and | ||||||
11 | stable living
situation and cannot be reunited with their | ||||||
12 | families.
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13 | (3) "Child welfare services" means public social | ||||||
14 | services which are
directed toward the accomplishment of | ||||||
15 | the following purposes:
| ||||||
16 | (A) protecting and promoting the health, safety | ||||||
17 | and welfare of
children,
including homeless, | ||||||
18 | dependent, or neglected children;
| ||||||
19 | (B) remedying, or assisting in the solution
of | ||||||
20 | problems which may result in, the neglect, abuse, | ||||||
21 | exploitation, or
delinquency of children;
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22 | (C) preventing the unnecessary separation of | ||||||
23 | children
from their families by identifying family | ||||||
24 | problems, assisting families in
resolving their | ||||||
25 | problems, and preventing the breakup of the family
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26 | where the prevention of child removal is desirable and |
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1 | possible when the
child can be cared for at home | ||||||
2 | without endangering the child's health and
safety;
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3 | (D) restoring to their families children who have | ||||||
4 | been
removed, by the provision of services to the | ||||||
5 | child and the families when the
child can be cared for | ||||||
6 | at home without endangering the child's health and
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7 | safety;
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8 | (E) placing children in suitable adoptive homes, | ||||||
9 | in
cases where restoration to the biological family is | ||||||
10 | not safe, possible, or
appropriate;
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11 | (F) assuring safe and adequate care of children | ||||||
12 | away from their
homes, in cases where the child cannot | ||||||
13 | be returned home or cannot be placed
for adoption. At | ||||||
14 | the time of placement, the Department shall consider
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15 | concurrent planning,
as described in subsection (l-1) | ||||||
16 | of this Section so that permanency may
occur at the | ||||||
17 | earliest opportunity. Consideration should be given so | ||||||
18 | that if
reunification fails or is delayed, the | ||||||
19 | placement made is the best available
placement to | ||||||
20 | provide permanency for the child;
| ||||||
21 | (G) (blank);
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22 | (H) (blank); and
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23 | (I) placing and maintaining children in facilities | ||||||
24 | that provide
separate living quarters for children | ||||||
25 | under the age of 18 and for children
18 years of age | ||||||
26 | and older, unless a child 18 years of age is in the |
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1 | last
year of high school education or vocational | ||||||
2 | training, in an approved
individual or group treatment | ||||||
3 | program, in a licensed shelter facility,
or secure | ||||||
4 | child care facility.
The Department is not required to | ||||||
5 | place or maintain children:
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6 | (i) who are in a foster home, or
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7 | (ii) who are persons with a developmental | ||||||
8 | disability, as defined in
the Mental
Health and | ||||||
9 | Developmental Disabilities Code, or
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10 | (iii) who are female children who are | ||||||
11 | pregnant, pregnant and
parenting, or parenting, or
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12 | (iv) who are siblings, in facilities that | ||||||
13 | provide separate living quarters for children 18
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14 | years of age and older and for children under 18 | ||||||
15 | years of age.
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16 | (b) (Blank).
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17 | (c) The Department shall establish and maintain | ||||||
18 | tax-supported child
welfare services and extend and seek to | ||||||
19 | improve voluntary services
throughout the State, to the end | ||||||
20 | that services and care shall be available
on an equal basis | ||||||
21 | throughout the State to children requiring such services.
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22 | (d) The Director may authorize advance disbursements for | ||||||
23 | any new program
initiative to any agency contracting with the | ||||||
24 | Department. As a
prerequisite for an advance disbursement, the | ||||||
25 | contractor must post a
surety bond in the amount of the advance | ||||||
26 | disbursement and have a
purchase of service contract approved |
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1 | by the Department. The Department
may pay up to 2 months | ||||||
2 | operational expenses in advance. The amount of the
advance | ||||||
3 | disbursement shall be prorated over the life of the contract
| ||||||
4 | or the remaining months of the fiscal year, whichever is less, | ||||||
5 | and the
installment amount shall then be deducted from future | ||||||
6 | bills. Advance
disbursement authorizations for new initiatives | ||||||
7 | shall not be made to any
agency after that agency has operated | ||||||
8 | during 2 consecutive fiscal years.
The requirements of this | ||||||
9 | Section concerning advance disbursements shall
not apply with | ||||||
10 | respect to the following: payments to local public agencies
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11 | for child day care services as authorized by Section 5a of this | ||||||
12 | Act; and
youth service programs receiving grant funds under | ||||||
13 | Section 17a-4.
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14 | (e) (Blank).
| ||||||
15 | (f) (Blank).
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16 | (g) The Department shall establish rules and regulations | ||||||
17 | concerning
its operation of programs designed to meet the | ||||||
18 | goals of child safety and
protection,
family preservation, | ||||||
19 | family reunification, and adoption, including, but not
limited | ||||||
20 | to:
| ||||||
21 | (1) adoption;
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22 | (2) foster care;
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23 | (3) family counseling;
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24 | (4) protective services;
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25 | (5) (blank);
| ||||||
26 | (6) homemaker service;
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1 | (7) return of missing runaway children;
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2 | (8) (blank);
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3 | (9) placement under Section 5-7 of the Juvenile Court | ||||||
4 | Act or
Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile | ||||||
5 | Court Act of 1987 in
accordance with the federal Adoption | ||||||
6 | Assistance and Child Welfare Act of
1980; and
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7 | (10) interstate services.
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8 | Rules and regulations established by the Department shall | ||||||
9 | include
provisions for training Department staff and the staff | ||||||
10 | of Department
grantees, through contracts with other agencies | ||||||
11 | or resources, in screening techniques to identify substance | ||||||
12 | use disorders, as defined in the Substance Use Disorder Act, | ||||||
13 | approved by the Department of Human
Services, as a successor | ||||||
14 | to the Department of Alcoholism and Substance Abuse,
for the | ||||||
15 | purpose of identifying children and adults who
should be | ||||||
16 | referred for an assessment at an organization appropriately | ||||||
17 | licensed by the Department of Human Services for substance use | ||||||
18 | disorder treatment.
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19 | (h) If the Department finds that there is no appropriate | ||||||
20 | program or
facility within or available to the Department for | ||||||
21 | a youth in care and that no
licensed private facility has an | ||||||
22 | adequate and appropriate program or none
agrees to accept the | ||||||
23 | youth in care, the Department shall create an appropriate
| ||||||
24 | individualized, program-oriented plan for such youth in care. | ||||||
25 | The
plan may be developed within the Department or through | ||||||
26 | purchase of services
by the Department to the extent that it is |
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1 | within its statutory authority
to do.
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2 | (i) Service programs shall be available throughout the | ||||||
3 | State and shall
include but not be limited to the following | ||||||
4 | services:
| ||||||
5 | (1) case management;
| ||||||
6 | (2) homemakers;
| ||||||
7 | (3) counseling;
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8 | (4) parent education;
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9 | (5) day care; and
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10 | (6) emergency assistance and advocacy.
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11 | In addition, the following services may be made available | ||||||
12 | to assess and
meet the needs of children and families:
| ||||||
13 | (1) comprehensive family-based services;
| ||||||
14 | (2) assessments;
| ||||||
15 | (3) respite care; and
| ||||||
16 | (4) in-home health services.
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17 | The Department shall provide transportation for any of the | ||||||
18 | services it
makes available to children or families or for | ||||||
19 | which it refers children
or families.
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20 | (j) The Department may provide categories of financial | ||||||
21 | assistance and
education assistance grants, and shall
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22 | establish rules and regulations concerning the assistance and | ||||||
23 | grants, to
persons who
adopt children with physical or mental | ||||||
24 | disabilities, children who are older, or other hard-to-place
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25 | children who (i) immediately prior to their adoption were | ||||||
26 | youth in care or (ii) were determined eligible for financial |
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1 | assistance with respect to a
prior adoption and who become | ||||||
2 | available for adoption because the
prior adoption has been | ||||||
3 | dissolved and the parental rights of the adoptive
parents have | ||||||
4 | been
terminated or because the child's adoptive parents have | ||||||
5 | died.
The Department may continue to provide financial | ||||||
6 | assistance and education assistance grants for a child who was | ||||||
7 | determined eligible for financial assistance under this | ||||||
8 | subsection (j) in the interim period beginning when the | ||||||
9 | child's adoptive parents died and ending with the finalization | ||||||
10 | of the new adoption of the child by another adoptive parent or | ||||||
11 | parents. The Department may also provide categories of | ||||||
12 | financial
assistance and education assistance grants, and
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13 | shall establish rules and regulations for the assistance and | ||||||
14 | grants, to persons
appointed guardian of the person under | ||||||
15 | Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, | ||||||
16 | 4-25, or 5-740 of the Juvenile Court Act of 1987
for children | ||||||
17 | who were youth in care for 12 months immediately
prior to the | ||||||
18 | appointment of the guardian.
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19 | The amount of assistance may vary, depending upon the | ||||||
20 | needs of the child
and the adoptive parents,
as set forth in | ||||||
21 | the annual
assistance agreement. Special purpose grants are | ||||||
22 | allowed where the child
requires special service but such | ||||||
23 | costs may not exceed the amounts
which similar services would | ||||||
24 | cost the Department if it were to provide or
secure them as | ||||||
25 | guardian of the child.
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26 | Any financial assistance provided under this subsection is
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1 | inalienable by assignment, sale, execution, attachment, | ||||||
2 | garnishment, or any
other remedy for recovery or collection of | ||||||
3 | a judgment or debt.
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4 | (j-5) The Department shall not deny or delay the placement | ||||||
5 | of a child for
adoption
if an approved family is available | ||||||
6 | either outside of the Department region
handling the case,
or | ||||||
7 | outside of the State of Illinois.
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8 | (k) The Department shall accept for care and training any | ||||||
9 | child who has
been adjudicated neglected or abused, or | ||||||
10 | dependent committed to it pursuant
to the Juvenile Court Act | ||||||
11 | or the Juvenile Court Act of 1987.
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12 | (l) The Department shall
offer family preservation | ||||||
13 | services, as defined in Section 8.2 of the Abused
and
| ||||||
14 | Neglected Child
Reporting Act, to help families, including | ||||||
15 | adoptive and extended families.
Family preservation
services | ||||||
16 | shall be offered (i) to prevent the
placement
of children in
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17 | substitute care when the children can be cared for at home or | ||||||
18 | in the custody of
the person
responsible for the children's | ||||||
19 | welfare,
(ii) to
reunite children with their families, or | ||||||
20 | (iii) to
maintain an adoptive placement. Family preservation | ||||||
21 | services shall only be
offered when doing so will not endanger | ||||||
22 | the children's health or safety. With
respect to children who | ||||||
23 | are in substitute care pursuant to the Juvenile Court
Act of | ||||||
24 | 1987, family preservation services shall not be offered if a | ||||||
25 | goal other
than those of subdivisions (A), (B), or (B-1) of | ||||||
26 | subsection (2) of Section 2-28
of
that Act has been set, except |
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1 | that reunification services may be offered as provided in | ||||||
2 | paragraph (F) of subsection (2) of Section 2-28 of that Act.
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3 | Nothing in this paragraph shall be construed to create a | ||||||
4 | private right of
action or claim on the part of any individual | ||||||
5 | or child welfare agency, except that when a child is the | ||||||
6 | subject of an action under Article II of the Juvenile Court Act | ||||||
7 | of 1987 and the child's service plan calls for services to | ||||||
8 | facilitate achievement of the permanency goal, the court | ||||||
9 | hearing the action under Article II of the Juvenile Court Act | ||||||
10 | of 1987 may order the Department to provide the services set | ||||||
11 | out in the plan, if those services are not provided with | ||||||
12 | reasonable promptness and if those services are available.
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13 | The Department shall notify the child and his family of | ||||||
14 | the
Department's
responsibility to offer and provide family | ||||||
15 | preservation services as
identified in the service plan. The | ||||||
16 | child and his family shall be eligible
for services as soon as | ||||||
17 | the report is determined to be "indicated". The
Department may | ||||||
18 | offer services to any child or family with respect to whom a
| ||||||
19 | report of suspected child abuse or neglect has been filed, | ||||||
20 | prior to
concluding its investigation under Section 7.12 of | ||||||
21 | the Abused and Neglected
Child Reporting Act. However, the | ||||||
22 | child's or family's willingness to
accept services shall not | ||||||
23 | be considered in the investigation. The
Department may also | ||||||
24 | provide services to any child or family who is the
subject of | ||||||
25 | any report of suspected child abuse or neglect or may refer | ||||||
26 | such
child or family to services available from other agencies |
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1 | in the community,
even if the report is determined to be | ||||||
2 | unfounded, if the conditions in the
child's or family's home | ||||||
3 | are reasonably likely to subject the child or
family to future | ||||||
4 | reports of suspected child abuse or neglect. Acceptance
of | ||||||
5 | such services shall be voluntary. The Department may also | ||||||
6 | provide services to any child or family after completion of a | ||||||
7 | family assessment, as an alternative to an investigation, as | ||||||
8 | provided under the "differential response program" provided | ||||||
9 | for in subsection (a-5) of Section 7.4 of the Abused and | ||||||
10 | Neglected Child Reporting Act.
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11 | The Department may, at its discretion except for those | ||||||
12 | children also
adjudicated neglected or dependent, accept for | ||||||
13 | care and training any child
who has been adjudicated addicted, | ||||||
14 | as a truant minor in need of
supervision or as a minor | ||||||
15 | requiring authoritative intervention, under the
Juvenile Court | ||||||
16 | Act or the Juvenile Court Act of 1987, but no such child
shall | ||||||
17 | be committed to the Department by any court without the | ||||||
18 | approval of
the Department. On and after January 1, 2015 (the | ||||||
19 | effective date of Public Act 98-803) and before January 1, | ||||||
20 | 2017, a minor charged with a criminal offense under the | ||||||
21 | Criminal
Code of 1961 or the Criminal Code of 2012 or | ||||||
22 | adjudicated delinquent shall not be placed in the custody of | ||||||
23 | or
committed to the Department by any court, except (i) a minor | ||||||
24 | less than 16 years
of age committed to the Department under | ||||||
25 | Section 5-710 of the Juvenile Court
Act
of 1987, (ii) a minor | ||||||
26 | for whom an independent basis of abuse, neglect, or dependency |
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1 | exists, which must be defined by departmental rule, or (iii) a | ||||||
2 | minor for whom the court has granted a supplemental petition | ||||||
3 | to reinstate wardship pursuant to subsection (2) of Section | ||||||
4 | 2-33 of the Juvenile Court Act of 1987. On and after January 1, | ||||||
5 | 2017, a minor charged with a criminal offense under the | ||||||
6 | Criminal
Code of 1961 or the Criminal Code of 2012 or | ||||||
7 | adjudicated delinquent shall not be placed in the custody of | ||||||
8 | or
committed to the Department by any court, except (i) a minor | ||||||
9 | less than 15 years
of age committed to the Department under | ||||||
10 | Section 5-710 of the Juvenile Court
Act
of 1987, ii) a minor | ||||||
11 | for whom an independent basis of abuse, neglect, or dependency | ||||||
12 | exists, which must be defined by departmental rule, or (iii) a | ||||||
13 | minor for whom the court has granted a supplemental petition | ||||||
14 | to reinstate wardship pursuant to subsection (2) of Section | ||||||
15 | 2-33 of the Juvenile Court Act of 1987. An independent basis | ||||||
16 | exists when the allegations or adjudication of abuse, neglect, | ||||||
17 | or dependency do not arise from the same facts, incident, or | ||||||
18 | circumstances which give rise to a charge or adjudication of | ||||||
19 | delinquency. The Department shall
assign a caseworker to | ||||||
20 | attend any hearing involving a youth in
the care and custody of | ||||||
21 | the Department who is placed on aftercare release, including | ||||||
22 | hearings
involving sanctions for violation of aftercare | ||||||
23 | release
conditions and aftercare release revocation hearings.
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24 | As soon as is possible after August 7, 2009 (the effective | ||||||
25 | date of Public Act 96-134), the Department shall develop and | ||||||
26 | implement a special program of family preservation services to |
| |||||||
| |||||||
1 | support intact, foster, and adoptive families who are | ||||||
2 | experiencing extreme hardships due to the difficulty and | ||||||
3 | stress of caring for a child who has been diagnosed with a | ||||||
4 | pervasive developmental disorder if the Department determines | ||||||
5 | that those services are necessary to ensure the health and | ||||||
6 | safety of the child. The Department may offer services to any | ||||||
7 | family whether or not a report has been filed under the Abused | ||||||
8 | and Neglected Child Reporting Act. The Department may refer | ||||||
9 | the child or family to services available from other agencies | ||||||
10 | in the community if the conditions in the child's or family's | ||||||
11 | home are reasonably likely to subject the child or family to | ||||||
12 | future reports of suspected child abuse or neglect. Acceptance | ||||||
13 | of these services shall be voluntary. The Department shall | ||||||
14 | develop and implement a public information campaign to alert | ||||||
15 | health and social service providers and the general public | ||||||
16 | about these special family preservation services. The nature | ||||||
17 | and scope of the services offered and the number of families | ||||||
18 | served under the special program implemented under this | ||||||
19 | paragraph shall be determined by the level of funding that the | ||||||
20 | Department annually allocates for this purpose. The term | ||||||
21 | "pervasive developmental disorder" under this paragraph means | ||||||
22 | a neurological condition, including, but not limited to, | ||||||
23 | Asperger's Syndrome and autism, as defined in the most recent | ||||||
24 | edition of the Diagnostic and Statistical Manual of Mental | ||||||
25 | Disorders of the American Psychiatric Association. | ||||||
26 | (l-1) The legislature recognizes that the best interests |
| |||||||
| |||||||
1 | of the child
require that
the child be placed in the most | ||||||
2 | permanent living arrangement as soon as is
practically
| ||||||
3 | possible. To achieve this goal, the legislature directs the | ||||||
4 | Department of
Children and
Family Services to conduct | ||||||
5 | concurrent planning so that permanency may occur at
the
| ||||||
6 | earliest opportunity. Permanent living arrangements may | ||||||
7 | include prevention of
placement of a child outside the home of | ||||||
8 | the family when the child can be cared
for at
home without | ||||||
9 | endangering the child's health or safety; reunification with | ||||||
10 | the
family,
when safe and appropriate, if temporary placement | ||||||
11 | is necessary; or movement of
the child
toward the most | ||||||
12 | permanent living arrangement and permanent legal status.
| ||||||
13 | When determining reasonable efforts to be made with | ||||||
14 | respect to a child, as
described in this
subsection, and in | ||||||
15 | making such reasonable efforts, the child's health and
safety | ||||||
16 | shall be the
paramount concern.
| ||||||
17 | When a child is placed in foster care, the Department | ||||||
18 | shall ensure and
document that reasonable efforts were made to | ||||||
19 | prevent or eliminate the need to
remove the child from the | ||||||
20 | child's home. The Department must make
reasonable efforts to | ||||||
21 | reunify the family when temporary placement of the child
| ||||||
22 | occurs
unless otherwise required, pursuant to the Juvenile | ||||||
23 | Court Act of 1987.
At any time after the dispositional hearing | ||||||
24 | where the Department believes
that further reunification | ||||||
25 | services would be ineffective, it may request a
finding from | ||||||
26 | the court that reasonable efforts are no longer appropriate. |
| |||||||
| |||||||
1 | The
Department is not required to provide further | ||||||
2 | reunification services after such
a
finding.
| ||||||
3 | A decision to place a child in substitute care shall be | ||||||
4 | made with
considerations of the child's health, safety, and | ||||||
5 | best interests. At the
time of placement, consideration should | ||||||
6 | also be given so that if reunification
fails or is delayed, the | ||||||
7 | placement made is the best available placement to
provide | ||||||
8 | permanency for the child.
| ||||||
9 | The Department shall adopt rules addressing concurrent | ||||||
10 | planning for
reunification and permanency. The Department | ||||||
11 | shall consider the following
factors when determining | ||||||
12 | appropriateness of concurrent planning:
| ||||||
13 | (1) the likelihood of prompt reunification;
| ||||||
14 | (2) the past history of the family;
| ||||||
15 | (3) the barriers to reunification being addressed by | ||||||
16 | the family;
| ||||||
17 | (4) the level of cooperation of the family;
| ||||||
18 | (5) the foster parents' willingness to work with the | ||||||
19 | family to reunite;
| ||||||
20 | (6) the willingness and ability of the foster family | ||||||
21 | to provide an
adoptive
home or long-term placement;
| ||||||
22 | (7) the age of the child;
| ||||||
23 | (8) placement of siblings.
| ||||||
24 | (m) The Department may assume temporary custody of any | ||||||
25 | child if:
| ||||||
26 | (1) it has received a written consent to such |
| |||||||
| |||||||
1 | temporary custody
signed by the parents of the child or by | ||||||
2 | the parent having custody of the
child if the parents are | ||||||
3 | not living together or by the guardian or
custodian of the | ||||||
4 | child if the child is not in the custody of either
parent, | ||||||
5 | or
| ||||||
6 | (2) the child is found in the State and neither a | ||||||
7 | parent,
guardian nor custodian of the child can be | ||||||
8 | located.
| ||||||
9 | If the child is found in his or her residence without a parent, | ||||||
10 | guardian,
custodian, or responsible caretaker, the Department | ||||||
11 | may, instead of removing
the child and assuming temporary | ||||||
12 | custody, place an authorized
representative of the Department | ||||||
13 | in that residence until such time as a
parent, guardian, or | ||||||
14 | custodian enters the home and expresses a willingness
and | ||||||
15 | apparent ability to ensure the child's health and safety and | ||||||
16 | resume
permanent
charge of the child, or until a
relative | ||||||
17 | enters the home and is willing and able to ensure the child's | ||||||
18 | health
and
safety and assume charge of the
child until a | ||||||
19 | parent, guardian, or custodian enters the home and expresses
| ||||||
20 | such willingness and ability to ensure the child's safety and | ||||||
21 | resume
permanent charge. After a caretaker has remained in the | ||||||
22 | home for a period not
to exceed 12 hours, the Department must | ||||||
23 | follow those procedures outlined in
Section 2-9, 3-11, 4-8, or | ||||||
24 | 5-415 of the Juvenile Court Act
of 1987.
| ||||||
25 | The Department shall have the authority, responsibilities | ||||||
26 | and duties that
a legal custodian of the child would have |
| |||||||
| |||||||
1 | pursuant to subsection (9) of
Section 1-3 of the Juvenile | ||||||
2 | Court Act of 1987. Whenever a child is taken
into temporary | ||||||
3 | custody pursuant to an investigation under the Abused and
| ||||||
4 | Neglected Child Reporting Act, or pursuant to a referral and | ||||||
5 | acceptance
under the Juvenile Court Act of 1987 of a minor in | ||||||
6 | limited custody, the
Department, during the period of | ||||||
7 | temporary custody and before the child
is brought before a | ||||||
8 | judicial officer as required by Section 2-9, 3-11,
4-8, or | ||||||
9 | 5-415 of the Juvenile Court Act of 1987, shall have
the | ||||||
10 | authority, responsibilities and duties that a legal custodian | ||||||
11 | of the child
would have under subsection (9) of Section 1-3 of | ||||||
12 | the Juvenile Court Act of
1987.
| ||||||
13 | The Department shall ensure that any child taken into | ||||||
14 | custody
is scheduled for an appointment for a medical | ||||||
15 | examination.
| ||||||
16 | A parent, guardian, or custodian of a child in the | ||||||
17 | temporary custody of the
Department who would have custody of | ||||||
18 | the child if he were not in the
temporary custody of the | ||||||
19 | Department may deliver to the Department a signed
request that | ||||||
20 | the Department surrender the temporary custody of the child.
| ||||||
21 | The Department may retain temporary custody of the child for | ||||||
22 | 10 days after
the receipt of the request, during which period | ||||||
23 | the Department may cause to
be filed a petition pursuant to the | ||||||
24 | Juvenile Court Act of 1987. If a
petition is so filed, the | ||||||
25 | Department shall retain temporary custody of the
child until | ||||||
26 | the court orders otherwise. If a petition is not filed within
|
| |||||||
| |||||||
1 | the 10-day period, the child shall be surrendered to the | ||||||
2 | custody of the
requesting parent, guardian, or custodian not | ||||||
3 | later than the expiration of
the 10-day period, at which time | ||||||
4 | the authority and duties of the Department
with respect to the | ||||||
5 | temporary custody of the child shall terminate.
| ||||||
6 | (m-1) The Department may place children under 18 years of | ||||||
7 | age in a secure
child care facility licensed by the Department | ||||||
8 | that cares for children who are
in need of secure living | ||||||
9 | arrangements for their health, safety, and well-being
after a | ||||||
10 | determination is made by the facility director and the | ||||||
11 | Director or the
Director's designate prior to admission to the | ||||||
12 | facility subject to Section
2-27.1 of the Juvenile Court Act | ||||||
13 | of 1987. This subsection (m-1) does not apply
to a child who is | ||||||
14 | subject to placement in a correctional facility operated
| ||||||
15 | pursuant to Section 3-15-2 of the Unified Code of Corrections, | ||||||
16 | unless the
child is a youth in care who was placed in the care | ||||||
17 | of the Department before being
subject to placement in a | ||||||
18 | correctional facility and a court of competent
jurisdiction | ||||||
19 | has ordered placement of the child in a secure care facility.
| ||||||
20 | (n) The Department may place children under 18 years of | ||||||
21 | age in
licensed child care facilities when in the opinion of | ||||||
22 | the Department,
appropriate services aimed at family | ||||||
23 | preservation have been unsuccessful and
cannot ensure the | ||||||
24 | child's health and safety or are unavailable and such
| ||||||
25 | placement would be for their best interest. Payment
for board, | ||||||
26 | clothing, care, training and supervision of any child placed |
| |||||||
| |||||||
1 | in
a licensed child care facility may be made by the | ||||||
2 | Department, by the
parents or guardians of the estates of | ||||||
3 | those children, or by both the
Department and the parents or | ||||||
4 | guardians, except that no payments shall be
made by the | ||||||
5 | Department for any child placed in a licensed child care
| ||||||
6 | facility for board, clothing, care, training and supervision | ||||||
7 | of such a
child that exceed the average per capita cost of | ||||||
8 | maintaining and of caring
for a child in institutions for | ||||||
9 | dependent or neglected children operated by
the Department. | ||||||
10 | However, such restriction on payments does not apply in
cases | ||||||
11 | where children require specialized care and treatment for | ||||||
12 | problems of
severe emotional disturbance, physical disability, | ||||||
13 | social adjustment, or
any combination thereof and suitable | ||||||
14 | facilities for the placement of such
children are not | ||||||
15 | available at payment rates within the limitations set
forth in | ||||||
16 | this Section. All reimbursements for services delivered shall | ||||||
17 | be
absolutely inalienable by assignment, sale, attachment, or | ||||||
18 | garnishment or
otherwise.
| ||||||
19 | (n-1) The Department shall provide or authorize child | ||||||
20 | welfare services, aimed at assisting minors to achieve | ||||||
21 | sustainable self-sufficiency as independent adults, for any | ||||||
22 | minor eligible for the reinstatement of wardship pursuant to | ||||||
23 | subsection (2) of Section 2-33 of the Juvenile Court Act of | ||||||
24 | 1987, whether or not such reinstatement is sought or allowed, | ||||||
25 | provided that the minor consents to such services and has not | ||||||
26 | yet attained the age of 21. The Department shall have |
| |||||||
| |||||||
1 | responsibility for the development and delivery of services | ||||||
2 | under this Section. An eligible youth may access services | ||||||
3 | under this Section through the Department of Children and | ||||||
4 | Family Services or by referral from the Department of Human | ||||||
5 | Services. Youth participating in services under this Section | ||||||
6 | shall cooperate with the assigned case manager in developing | ||||||
7 | an agreement identifying the services to be provided and how | ||||||
8 | the youth will increase skills to achieve self-sufficiency. A | ||||||
9 | homeless shelter is not considered appropriate housing for any | ||||||
10 | youth receiving child welfare services under this Section. The | ||||||
11 | Department shall continue child welfare services under this | ||||||
12 | Section to any eligible minor until the minor becomes 21 years | ||||||
13 | of age, no longer consents to participate, or achieves | ||||||
14 | self-sufficiency as identified in the minor's service plan. | ||||||
15 | The Department of Children and Family Services shall create | ||||||
16 | clear, readable notice of the rights of former foster youth to | ||||||
17 | child welfare services under this Section and how such | ||||||
18 | services may be obtained. The Department of Children and | ||||||
19 | Family Services and the Department of Human Services shall | ||||||
20 | disseminate this information statewide. The Department shall | ||||||
21 | adopt regulations describing services intended to assist | ||||||
22 | minors in achieving sustainable self-sufficiency as | ||||||
23 | independent adults. | ||||||
24 | (o) The Department shall establish an administrative | ||||||
25 | review and appeal
process for children and families who | ||||||
26 | request or receive child welfare
services from the Department. |
| |||||||
| |||||||
1 | Youth in care who are placed by private child welfare | ||||||
2 | agencies, and foster families with whom
those youth are | ||||||
3 | placed, shall be afforded the same procedural and appeal
| ||||||
4 | rights as children and families in the case of placement by the | ||||||
5 | Department,
including the right to an initial review of a | ||||||
6 | private agency decision by
that agency. The Department shall | ||||||
7 | ensure that any private child welfare
agency, which accepts | ||||||
8 | youth in care for placement, affords those
rights to children | ||||||
9 | and foster families. The Department shall accept for
| ||||||
10 | administrative review and an appeal hearing a complaint made | ||||||
11 | by (i) a child
or foster family concerning a decision | ||||||
12 | following an initial review by a
private child welfare agency | ||||||
13 | or (ii) a prospective adoptive parent who alleges
a violation | ||||||
14 | of subsection (j-5) of this Section. An appeal of a decision
| ||||||
15 | concerning a change in the placement of a child shall be | ||||||
16 | conducted in an
expedited manner. A court determination that a | ||||||
17 | current foster home placement is necessary and appropriate | ||||||
18 | under Section 2-28 of the Juvenile Court Act of 1987 does not | ||||||
19 | constitute a judicial determination on the merits of an | ||||||
20 | administrative appeal, filed by a former foster parent, | ||||||
21 | involving a change of placement decision.
| ||||||
22 | (p) (Blank).
| ||||||
23 | (q) The Department may receive and use, in their entirety, | ||||||
24 | for the
benefit of children any gift, donation, or bequest of | ||||||
25 | money or other
property which is received on behalf of such | ||||||
26 | children, or any financial
benefits to which such children are |
| |||||||
| |||||||
1 | or may become entitled while under
the jurisdiction or care of | ||||||
2 | the Department, except that the benefits described in Section | ||||||
3 | 5.46 must be used and conserved consistent with the provisions | ||||||
4 | under Section 5.46.
| ||||||
5 | The Department shall set up and administer no-cost, | ||||||
6 | interest-bearing accounts in appropriate financial | ||||||
7 | institutions
for children for whom the Department is legally | ||||||
8 | responsible and who have been
determined eligible for | ||||||
9 | Veterans' Benefits, Social Security benefits,
assistance | ||||||
10 | allotments from the armed forces, court ordered payments, | ||||||
11 | parental
voluntary payments, Supplemental Security Income, | ||||||
12 | Railroad Retirement
payments, Black Lung benefits, or other | ||||||
13 | miscellaneous payments. Interest
earned by each account shall | ||||||
14 | be credited to the account, unless
disbursed in accordance | ||||||
15 | with this subsection.
| ||||||
16 | In disbursing funds from children's accounts, the | ||||||
17 | Department
shall:
| ||||||
18 | (1) Establish standards in accordance with State and | ||||||
19 | federal laws for
disbursing money from children's | ||||||
20 | accounts. In all
circumstances,
the Department's | ||||||
21 | "Guardianship Administrator" or his or her designee must
| ||||||
22 | approve disbursements from children's accounts. The | ||||||
23 | Department
shall be responsible for keeping complete | ||||||
24 | records of all disbursements for each account for any | ||||||
25 | purpose.
| ||||||
26 | (2) Calculate on a monthly basis the amounts paid from |
| |||||||
| |||||||
1 | State funds for the
child's board and care, medical care | ||||||
2 | not covered under Medicaid, and social
services; and | ||||||
3 | utilize funds from the child's account, as
covered by | ||||||
4 | regulation, to reimburse those costs. Monthly, | ||||||
5 | disbursements from
all children's accounts, up to 1/12 of | ||||||
6 | $13,000,000, shall be
deposited by the Department into the | ||||||
7 | General Revenue Fund and the balance over
1/12 of | ||||||
8 | $13,000,000 into the DCFS Children's Services Fund.
| ||||||
9 | (3) Maintain any balance remaining after reimbursing | ||||||
10 | for the child's costs
of care, as specified in item (2). | ||||||
11 | The balance shall accumulate in accordance
with relevant | ||||||
12 | State and federal laws and shall be disbursed to the child | ||||||
13 | or his
or her guardian, or to the issuing agency.
| ||||||
14 | (r) The Department shall promulgate regulations | ||||||
15 | encouraging all adoption
agencies to voluntarily forward to | ||||||
16 | the Department or its agent names and
addresses of all persons | ||||||
17 | who have applied for and have been approved for
adoption of a | ||||||
18 | hard-to-place child or child with a disability and the names | ||||||
19 | of such
children who have not been placed for adoption. A list | ||||||
20 | of such names and
addresses shall be maintained by the | ||||||
21 | Department or its agent, and coded
lists which maintain the | ||||||
22 | confidentiality of the person seeking to adopt the
child and | ||||||
23 | of the child shall be made available, without charge, to every
| ||||||
24 | adoption agency in the State to assist the agencies in placing | ||||||
25 | such
children for adoption. The Department may delegate to an | ||||||
26 | agent its duty to
maintain and make available such lists. The |
| |||||||
| |||||||
1 | Department shall ensure that
such agent maintains the | ||||||
2 | confidentiality of the person seeking to adopt the
child and | ||||||
3 | of the child.
| ||||||
4 | (s) The Department of Children and Family Services may | ||||||
5 | establish and
implement a program to reimburse Department and | ||||||
6 | private child welfare
agency foster parents licensed by the | ||||||
7 | Department of Children and Family
Services for damages | ||||||
8 | sustained by the foster parents as a result of the
malicious or | ||||||
9 | negligent acts of foster children, as well as providing third
| ||||||
10 | party coverage for such foster parents with regard to actions | ||||||
11 | of foster
children to other individuals. Such coverage will be | ||||||
12 | secondary to the
foster parent liability insurance policy, if | ||||||
13 | applicable. The program shall
be funded through appropriations | ||||||
14 | from the General Revenue Fund,
specifically designated for | ||||||
15 | such purposes.
| ||||||
16 | (t) The Department shall perform home studies and | ||||||
17 | investigations and
shall exercise supervision over visitation | ||||||
18 | as ordered by a court pursuant
to the Illinois Marriage and | ||||||
19 | Dissolution of Marriage Act or the Adoption
Act only if:
| ||||||
20 | (1) an order entered by an Illinois court specifically
| ||||||
21 | directs the Department to perform such services; and
| ||||||
22 | (2) the court has ordered one or both of the parties to
| ||||||
23 | the proceeding to reimburse the Department for its | ||||||
24 | reasonable costs for
providing such services in accordance | ||||||
25 | with Department rules, or has
determined that neither | ||||||
26 | party is financially able to pay.
|
| |||||||
| |||||||
1 | The Department shall provide written notification to the | ||||||
2 | court of the
specific arrangements for supervised visitation | ||||||
3 | and projected monthly costs
within 60 days of the court order. | ||||||
4 | The Department shall send to the court
information related to | ||||||
5 | the costs incurred except in cases where the court
has | ||||||
6 | determined the parties are financially unable to pay. The | ||||||
7 | court may
order additional periodic reports as appropriate.
| ||||||
8 | (u) In addition to other information that must be | ||||||
9 | provided, whenever the Department places a child with a | ||||||
10 | prospective adoptive parent or parents, in a licensed foster | ||||||
11 | home,
group home, or child care institution, or in a relative | ||||||
12 | home, the Department
shall provide to the prospective adoptive | ||||||
13 | parent or parents or other caretaker:
| ||||||
14 | (1) available detailed information concerning the | ||||||
15 | child's educational
and health history, copies of | ||||||
16 | immunization records (including insurance
and medical card | ||||||
17 | information), a history of the child's previous | ||||||
18 | placements,
if any, and reasons for placement changes | ||||||
19 | excluding any information that
identifies or reveals the | ||||||
20 | location of any previous caretaker;
| ||||||
21 | (2) a copy of the child's portion of the client | ||||||
22 | service plan, including
any visitation arrangement, and | ||||||
23 | all amendments or revisions to it as
related to the child; | ||||||
24 | and
| ||||||
25 | (3) information containing details of the child's | ||||||
26 | individualized
educational plan when the child is |
| |||||||
| |||||||
1 | receiving special education services.
| ||||||
2 | The caretaker shall be informed of any known social or | ||||||
3 | behavioral
information (including, but not limited to, | ||||||
4 | criminal background, fire
setting, perpetuation of
sexual | ||||||
5 | abuse, destructive behavior, and substance abuse) necessary to | ||||||
6 | care
for and safeguard the children to be placed or currently | ||||||
7 | in the home. The Department may prepare a written summary of | ||||||
8 | the information required by this paragraph, which may be | ||||||
9 | provided to the foster or prospective adoptive parent in | ||||||
10 | advance of a placement. The foster or prospective adoptive | ||||||
11 | parent may review the supporting documents in the child's file | ||||||
12 | in the presence of casework staff. In the case of an emergency | ||||||
13 | placement, casework staff shall at least provide known | ||||||
14 | information verbally, if necessary, and must subsequently | ||||||
15 | provide the information in writing as required by this | ||||||
16 | subsection.
| ||||||
17 | The information described in this subsection shall be | ||||||
18 | provided in writing. In the case of emergency placements when | ||||||
19 | time does not allow prior review, preparation, and collection | ||||||
20 | of written information, the Department shall provide such | ||||||
21 | information as it becomes available. Within 10 business days | ||||||
22 | after placement, the Department shall obtain from the | ||||||
23 | prospective adoptive parent or parents or other caretaker a | ||||||
24 | signed verification of receipt of the information provided. | ||||||
25 | Within 10 business days after placement, the Department shall | ||||||
26 | provide to the child's guardian ad litem a copy of the |
| |||||||
| |||||||
1 | information provided to the prospective adoptive parent or | ||||||
2 | parents or other caretaker. The information provided to the | ||||||
3 | prospective adoptive parent or parents or other caretaker | ||||||
4 | shall be reviewed and approved regarding accuracy at the | ||||||
5 | supervisory level.
| ||||||
6 | (u-5) Effective July 1, 1995, only foster care placements | ||||||
7 | licensed as
foster family homes pursuant to the Child Care Act | ||||||
8 | of 1969 shall be eligible to
receive foster care payments from | ||||||
9 | the Department.
Relative caregivers who, as of July 1, 1995, | ||||||
10 | were approved pursuant to approved
relative placement rules | ||||||
11 | previously promulgated by the Department at 89 Ill.
Adm. Code | ||||||
12 | 335 and had submitted an application for licensure as a foster | ||||||
13 | family
home may continue to receive foster care payments only | ||||||
14 | until the Department
determines that they may be licensed as a | ||||||
15 | foster family home or that their
application for licensure is | ||||||
16 | denied or until September 30, 1995, whichever
occurs first.
| ||||||
17 | (v) The Department shall access criminal history record | ||||||
18 | information
as defined in the Illinois Uniform Conviction | ||||||
19 | Information Act and information
maintained in the adjudicatory | ||||||
20 | and dispositional record system as defined in
Section 2605-355 | ||||||
21 | of the
Illinois State Police Law
if the Department determines | ||||||
22 | the information is necessary to perform its duties
under the | ||||||
23 | Abused and Neglected Child Reporting Act, the Child Care Act | ||||||
24 | of 1969,
and the Children and Family Services Act. The | ||||||
25 | Department shall provide for
interactive computerized | ||||||
26 | communication and processing equipment that permits
direct |
| |||||||
| |||||||
1 | on-line communication with the Illinois State Police's central
| ||||||
2 | criminal history data repository. The Department shall comply | ||||||
3 | with all
certification requirements and provide certified | ||||||
4 | operators who have been
trained by personnel from the Illinois | ||||||
5 | State Police. In addition, one
Office of the Inspector General | ||||||
6 | investigator shall have training in the use of
the criminal | ||||||
7 | history information access system and have
access to the | ||||||
8 | terminal. The Department of Children and Family Services and | ||||||
9 | its
employees shall abide by rules and regulations established | ||||||
10 | by the Illinois State Police relating to the access and | ||||||
11 | dissemination of
this information.
| ||||||
12 | (v-1) Prior to final approval for placement of a child, | ||||||
13 | the Department shall conduct a criminal records background | ||||||
14 | check of the prospective foster or adoptive parent, including | ||||||
15 | fingerprint-based checks of national crime information | ||||||
16 | databases. Final approval for placement shall not be granted | ||||||
17 | if the record check reveals a felony conviction for child | ||||||
18 | abuse or neglect, for spousal abuse, for a crime against | ||||||
19 | children, or for a crime involving violence, including rape, | ||||||
20 | sexual assault, or homicide, but not including other physical | ||||||
21 | assault or battery, or if there is a felony conviction for | ||||||
22 | physical assault, battery, or a drug-related offense committed | ||||||
23 | within the past 5 years. | ||||||
24 | (v-2) Prior to final approval for placement of a child, | ||||||
25 | the Department shall check its child abuse and neglect | ||||||
26 | registry for information concerning prospective foster and |
| |||||||
| |||||||
1 | adoptive parents, and any adult living in the home. If any | ||||||
2 | prospective foster or adoptive parent or other adult living in | ||||||
3 | the home has resided in another state in the preceding 5 years, | ||||||
4 | the Department shall request a check of that other state's | ||||||
5 | child abuse and neglect registry.
| ||||||
6 | (w) Within 120 days of August 20, 1995 (the effective date | ||||||
7 | of Public Act
89-392), the Department shall prepare and submit | ||||||
8 | to the Governor and the
General Assembly, a written plan for | ||||||
9 | the development of in-state licensed
secure child care | ||||||
10 | facilities that care for children who are in need of secure
| ||||||
11 | living
arrangements for their health, safety, and well-being. | ||||||
12 | For purposes of this
subsection, secure care facility shall | ||||||
13 | mean a facility that is designed and
operated to ensure that | ||||||
14 | all entrances and exits from the facility, a building
or a | ||||||
15 | distinct part of the building, are under the exclusive control | ||||||
16 | of the
staff of the facility, whether or not the child has the | ||||||
17 | freedom of movement
within the perimeter of the facility, | ||||||
18 | building, or distinct part of the
building. The plan shall | ||||||
19 | include descriptions of the types of facilities that
are | ||||||
20 | needed in Illinois; the cost of developing these secure care | ||||||
21 | facilities;
the estimated number of placements; the potential | ||||||
22 | cost savings resulting from
the movement of children currently | ||||||
23 | out-of-state who are projected to be
returned to Illinois; the | ||||||
24 | necessary geographic distribution of these
facilities in | ||||||
25 | Illinois; and a proposed timetable for development of such
| ||||||
26 | facilities. |
| |||||||
| |||||||
1 | (x) The Department shall conduct annual credit history | ||||||
2 | checks to determine the financial history of children placed | ||||||
3 | under its guardianship pursuant to the Juvenile Court Act of | ||||||
4 | 1987. The Department shall conduct such credit checks starting | ||||||
5 | when a youth in care turns 12 years old and each year | ||||||
6 | thereafter for the duration of the guardianship as terminated | ||||||
7 | pursuant to the Juvenile Court Act of 1987. The Department | ||||||
8 | shall determine if financial exploitation of the child's | ||||||
9 | personal information has occurred. If financial exploitation | ||||||
10 | appears to have taken place or is presently ongoing, the | ||||||
11 | Department shall notify the proper law enforcement agency, the | ||||||
12 | proper State's Attorney, or the Attorney General. | ||||||
13 | (y) Beginning on July 22, 2010 (the effective date of | ||||||
14 | Public Act 96-1189), a child with a disability who receives | ||||||
15 | residential and educational services from the Department shall | ||||||
16 | be eligible to receive transition services in accordance with | ||||||
17 | Article 14 of the School Code from the age of 14.5 through age | ||||||
18 | 21, inclusive, notwithstanding the child's residential | ||||||
19 | services arrangement. For purposes of this subsection, "child | ||||||
20 | with a disability" means a child with a disability as defined | ||||||
21 | by the federal Individuals with Disabilities Education | ||||||
22 | Improvement Act of 2004. | ||||||
23 | (z) The Department shall access criminal history record | ||||||
24 | information as defined as "background information" in this | ||||||
25 | subsection and criminal history record information as defined | ||||||
26 | in the Illinois Uniform Conviction Information Act for each |
| |||||||
| |||||||
1 | Department employee or Department applicant. Each Department | ||||||
2 | employee or Department applicant shall submit his or her | ||||||
3 | fingerprints to the Illinois State Police in the form and | ||||||
4 | manner prescribed by the Illinois State Police. These | ||||||
5 | fingerprints shall be checked against the fingerprint records | ||||||
6 | now and hereafter filed in the Illinois State Police and the | ||||||
7 | Federal Bureau of Investigation criminal history records | ||||||
8 | databases. The Illinois State Police shall charge a fee for | ||||||
9 | conducting the criminal history record check, which shall be | ||||||
10 | deposited into the State Police Services Fund and shall not | ||||||
11 | exceed the actual cost of the record check. The Illinois State | ||||||
12 | Police shall furnish, pursuant to positive identification, all | ||||||
13 | Illinois conviction information to the Department of Children | ||||||
14 | and Family Services. | ||||||
15 | For purposes of this subsection: | ||||||
16 | "Background information" means all of the following: | ||||||
17 | (i) Upon the request of the Department of Children and | ||||||
18 | Family Services, conviction information obtained from the | ||||||
19 | Illinois State Police as a result of a fingerprint-based | ||||||
20 | criminal history records check of the Illinois criminal | ||||||
21 | history records database and the Federal Bureau of | ||||||
22 | Investigation criminal history records database concerning | ||||||
23 | a Department employee or Department applicant. | ||||||
24 | (ii) Information obtained by the Department of | ||||||
25 | Children and Family Services after performing a check of | ||||||
26 | the Illinois State Police's Sex Offender Database, as |
| |||||||
| |||||||
1 | authorized by Section 120 of the Sex Offender Community | ||||||
2 | Notification Law, concerning a Department employee or | ||||||
3 | Department applicant. | ||||||
4 | (iii) Information obtained by the Department of | ||||||
5 | Children and Family Services after performing a check of | ||||||
6 | the Child Abuse and Neglect Tracking System (CANTS) | ||||||
7 | operated and maintained by the Department. | ||||||
8 | "Department employee" means a full-time or temporary | ||||||
9 | employee coded or certified within the State of Illinois | ||||||
10 | Personnel System. | ||||||
11 | "Department applicant" means an individual who has | ||||||
12 | conditional Department full-time or part-time work, a | ||||||
13 | contractor, an individual used to replace or supplement staff, | ||||||
14 | an academic intern, a volunteer in Department offices or on | ||||||
15 | Department contracts, a work-study student, an individual or | ||||||
16 | entity licensed by the Department, or an unlicensed service | ||||||
17 | provider who works as a condition of a contract or an agreement | ||||||
18 | and whose work may bring the unlicensed service provider into | ||||||
19 | contact with Department clients or client records. | ||||||
20 | (Source: P.A. 101-13, eff. 6-12-19; 101-79, eff. 7-12-19; | ||||||
21 | 101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 102-558, eff. | ||||||
22 | 8-20-21; 102-1014, eff. 5-27-22.)
| ||||||
23 | Section 15. The Illinois State Police Law of the
Civil | ||||||
24 | Administrative Code of Illinois is amended by changing Section | ||||||
25 | 2605-375 as follows:
|
| |||||||
| |||||||
1 | (20 ILCS 2605/2605-375) (was 20 ILCS 2605/55a in part)
| ||||||
2 | Sec. 2605-375. Missing persons; Law Enforcement Agencies | ||||||
3 | Data System
(LEADS).
| ||||||
4 | (a) To utilize the statewide Law Enforcement
Agencies Data | ||||||
5 | System (LEADS) for the purpose of providing electronic access
| ||||||
6 | by authorized entities to criminal justice data repositories | ||||||
7 | and effecting an
immediate law enforcement response to reports | ||||||
8 | of missing persons, including
lost or , missing or runaway | ||||||
9 | minors, lost or missing individuals with developmental or | ||||||
10 | intellectual disabilities, and missing endangered seniors. The | ||||||
11 | Illinois State Police shall implement an automatic
data | ||||||
12 | exchange system to compile, to maintain, and to make available | ||||||
13 | to
other law
enforcement agencies for immediate dissemination | ||||||
14 | data that can
assist
appropriate agencies in recovering | ||||||
15 | missing persons and provide access by
authorized entities to | ||||||
16 | various data repositories available through LEADS for
criminal | ||||||
17 | justice and related purposes. To assist the Illinois State | ||||||
18 | Police in
this effort, funds may be appropriated from the | ||||||
19 | LEADS Maintenance Fund. Funds may be appropriated from the | ||||||
20 | LEADS Maintenance Fund to the Illinois State Police to finance | ||||||
21 | any of its lawful purposes or functions in relation to | ||||||
22 | defraying the expenses associated with establishing, | ||||||
23 | maintaining, and supporting the issuance of electronic | ||||||
24 | citations.
| ||||||
25 | (b) In exercising its duties under this Section, the |
| |||||||
| |||||||
1 | Illinois State Police
shall provide a uniform reporting format | ||||||
2 | (LEADS) for the entry of pertinent
information regarding the | ||||||
3 | report of a missing person into LEADS. The report must include | ||||||
4 | all of the following:
| ||||||
5 | (1) Relevant information obtained from the | ||||||
6 | notification concerning the missing person, including all | ||||||
7 | of the following: | ||||||
8 | (A) a physical description of the missing person; | ||||||
9 | (B) the date, time, and place that the missing | ||||||
10 | person was last seen; and | ||||||
11 | (C) the missing person's address. | ||||||
12 | (2) Information gathered by a preliminary | ||||||
13 | investigation, if one was made. | ||||||
14 | (3) A statement by the law enforcement officer in | ||||||
15 | charge stating the officer's assessment of the case based | ||||||
16 | on the evidence and information received. | ||||||
17 | (b-5) The Illinois State Police shall: | ||||||
18 | (1) Develop and implement a policy whereby a statewide | ||||||
19 | or regional alert
would be used in situations relating to | ||||||
20 | the disappearances of individuals,
based on criteria and | ||||||
21 | in a format established by the Illinois State Police. Such | ||||||
22 | a
format shall include, but not be limited to, the age of | ||||||
23 | the missing person
and the suspected circumstance of the | ||||||
24 | disappearance.
| ||||||
25 | (2) Notify all law enforcement agencies that reports | ||||||
26 | of missing persons
shall be entered as soon as the minimum |
| |||||||
| |||||||
1 | level of data specified by the Illinois State Police
is | ||||||
2 | available to the reporting agency and that no waiting | ||||||
3 | period
for the entry of the data exists.
| ||||||
4 | (3) Compile and retain information regarding lost, | ||||||
5 | abducted, or missing ,
or
runaway minors in a separate data | ||||||
6 | file, in a manner that allows that
information to be used | ||||||
7 | by law enforcement and other agencies deemed
appropriate | ||||||
8 | by the Director, for investigative purposes. The
| ||||||
9 | information
shall include the disposition of all reported | ||||||
10 | lost, abducted, or missing , or
runaway minor cases.
| ||||||
11 | (4) Compile and maintain an historic data repository | ||||||
12 | relating to lost,
abducted, or missing , or runaway minors | ||||||
13 | and other missing persons, including, but not limited to, | ||||||
14 | lost or missing individuals with developmental or | ||||||
15 | intellectual disabilities and missing endangered seniors, | ||||||
16 | in order to
develop and improve techniques utilized by law | ||||||
17 | enforcement agencies when
responding to reports of missing | ||||||
18 | persons.
| ||||||
19 | (5) Create a quality control program regarding | ||||||
20 | confirmation of missing
person data, timeliness of entries | ||||||
21 | of missing person reports into LEADS,
and
performance | ||||||
22 | audits of all entering agencies. | ||||||
23 | (6) Create the Be on the Lookout (BOLO) System in | ||||||
24 | LEADS that would alert the Missing Persons Awareness | ||||||
25 | Network or similar volunteer network when an endangered | ||||||
26 | missing youth is entered into LEADS. The Illinois State |
| |||||||
| |||||||
1 | Police shall coordinate with the Missing Persons Awareness | ||||||
2 | Network or similar volunteer network as provided under | ||||||
3 | paragraph (5) of subsection (c) of Section 10 of the | ||||||
4 | Missing Persons Identification Act. As used in this | ||||||
5 | paragraph, "endangered missing youth" has the meaning | ||||||
6 | given to that term in Section 10 of the Missing Persons | ||||||
7 | Identification Act.
| ||||||
8 | (c) The Illinois Law Enforcement Training Standards Board | ||||||
9 | shall conduct a training program for law enforcement personnel | ||||||
10 | of local governmental agencies in the Missing Persons | ||||||
11 | Identification Act.
| ||||||
12 | (d) The Illinois State Police shall perform the duties | ||||||
13 | prescribed in the Missing Persons Identification Act, subject | ||||||
14 | to appropriation.
| ||||||
15 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
16 | Section 20. The Missing Persons Identification Act is | ||||||
17 | amended by changing Section 10 as follows:
| ||||||
18 | (50 ILCS 722/10) | ||||||
19 | Sec. 10. Law enforcement analysis and reporting of missing | ||||||
20 | person information. | ||||||
21 | (a) Definitions. As used in this Section: Prompt | ||||||
22 | determination and definition of a high-risk missing person. | ||||||
23 | (1) Definition. "Endangered missing youth" means a person | ||||||
24 | age 18 or younger whose whereabouts are not currently known. |
| |||||||
| |||||||
1 | All youth are assumed abducted until evidence proves that it | ||||||
2 | is a case of a runaway youth. | ||||||
3 | "High-risk missing person" means a person whose | ||||||
4 | whereabouts are not currently known and whose circumstances | ||||||
5 | indicate that the person may be at risk of injury or death. The | ||||||
6 | circumstances that indicate that a person is a high-risk | ||||||
7 | missing person include, but are not limited to, any of the | ||||||
8 | following: | ||||||
9 | (A) the person is missing as a result of a stranger | ||||||
10 | abduction; | ||||||
11 | (B) the person is missing under suspicious | ||||||
12 | circumstances; | ||||||
13 | (C) the person is missing under unknown circumstances; | ||||||
14 | (D) the person is missing under known dangerous | ||||||
15 | circumstances; | ||||||
16 | (E) the person is missing more than 30 days; | ||||||
17 | (F) the person has already been designated as a | ||||||
18 | high-risk missing person by another law enforcement | ||||||
19 | agency; | ||||||
20 | (G) there is evidence that the person is at risk | ||||||
21 | because: | ||||||
22 | (i) the person is in need of medical | ||||||
23 | attention, including but not limited to persons | ||||||
24 | with dementia-like symptoms, or prescription | ||||||
25 | medication; | ||||||
26 | (ii) the person does not have a pattern of |
| |||||||
| |||||||
1 | running away or disappearing; | ||||||
2 | (iii) the person may have been abducted by a | ||||||
3 | non-custodial parent; | ||||||
4 | (iv) the person is mentally impaired, | ||||||
5 | including, but not limited to, a person having a | ||||||
6 | developmental disability, as defined in Section | ||||||
7 | 1-106 of the Mental Health and Developmental | ||||||
8 | Disabilities Code, or a person having an | ||||||
9 | intellectual disability, as defined in Section | ||||||
10 | 1-116 of the Mental Health and Developmental | ||||||
11 | Disabilities Code; | ||||||
12 | (v) the person is under the age of 21; | ||||||
13 | (vi) the person has been the subject of past | ||||||
14 | threats or acts of violence; | ||||||
15 | (vii) the person has eloped from a nursing | ||||||
16 | home; | ||||||
17 | (G-5) the person is a veteran or active duty member of | ||||||
18 | the United States Armed Forces, the National Guard, or any | ||||||
19 | reserve component of the United States Armed Forces who is | ||||||
20 | believed to have a physical or mental health condition | ||||||
21 | that is related to his or her service; or | ||||||
22 | (G-6) the person is an endangered missing youth; or | ||||||
23 | (H) any other factor that may, in the judgment of the | ||||||
24 | law enforcement official, indicate that the missing person | ||||||
25 | may be at risk. | ||||||
26 | (b) Law enforcement risk assessment. |
| |||||||
| |||||||
1 | (1) Upon initial receipt of a missing person report, | ||||||
2 | the law enforcement agency shall immediately determine | ||||||
3 | whether there is a basis to determine that the missing | ||||||
4 | person is a high-risk missing person. | ||||||
5 | (2) If a law enforcement agency has previously | ||||||
6 | determined that a missing person is not a high-risk | ||||||
7 | missing person, but obtains new information, it shall | ||||||
8 | immediately determine whether the information indicates | ||||||
9 | that the missing person is a high-risk missing person. | ||||||
10 | (3) Law enforcement agencies are encouraged to | ||||||
11 | establish written protocols for the handling of missing | ||||||
12 | person cases to accomplish the purposes of this Act. | ||||||
13 | (c) Law enforcement reporting. | ||||||
14 | (1) The responding local law enforcement agency shall | ||||||
15 | immediately enter all collected information relating to | ||||||
16 | the missing person case in the Law Enforcement Agencies | ||||||
17 | Data System (LEADS) and the National Crime Information | ||||||
18 | Center (NCIC) databases and the National Missing and | ||||||
19 | Unidentified Persons System (NamUs) within 45 days after | ||||||
20 | the receipt of the report, or in the case of (i) a | ||||||
21 | high-risk high risk missing person, within 30 days after | ||||||
22 | the receipt of the report , or (ii) an endangered missing | ||||||
23 | youth, immediately following the assignment of a case | ||||||
24 | number to the endangered missing youth case . If the DNA | ||||||
25 | sample submission is to a National Missing and | ||||||
26 | Unidentified Persons System (NamUs) partner laboratory, |
| |||||||
| |||||||
1 | the DNA profile may be uploaded by the partner laboratory | ||||||
2 | to the National DNA Index System (NDIS). A packet | ||||||
3 | submission of all relevant reports and DNA samples may be | ||||||
4 | sent to the National Missing and Unidentified Persons | ||||||
5 | System (NamUs) within 30 days for any high-risk missing | ||||||
6 | person cases. The information shall be provided in | ||||||
7 | accordance with applicable guidelines relating to the | ||||||
8 | databases. The information shall be entered as follows: | ||||||
9 | (A) If Illinois State Police laboratories are | ||||||
10 | utilized in lieu of National Missing and Unidentified | ||||||
11 | Persons System (NamUs) partner laboratories, all | ||||||
12 | appropriate DNA profiles, as determined by the | ||||||
13 | Illinois State Police, shall be uploaded into the | ||||||
14 | missing person databases of the State DNA Index System | ||||||
15 | (SDIS) and National DNA Index System (NDIS) after | ||||||
16 | completion of the DNA analysis and other procedures | ||||||
17 | required for database entry. The responding local law | ||||||
18 | enforcement agency may submit any DNA samples | ||||||
19 | voluntarily obtained from family members to a National | ||||||
20 | Missing and Unidentified Persons System (NamUs) | ||||||
21 | partner laboratory for DNA analysis within 30 days. A | ||||||
22 | notation of DNA submission may be made within the | ||||||
23 | National Missing and Unidentified Persons System | ||||||
24 | (NamUs) record. | ||||||
25 | (B) Information relevant to the Federal Bureau of | ||||||
26 | Investigation's Violent Criminal Apprehension Program |
| |||||||
| |||||||
1 | shall be entered as soon as possible. | ||||||
2 | (C) The Illinois State Police shall ensure that | ||||||
3 | persons entering data relating to medical or dental | ||||||
4 | records in State or federal databases are specifically | ||||||
5 | trained to understand and correctly enter the | ||||||
6 | information sought by these databases. The Illinois | ||||||
7 | State Police shall either use a person with specific | ||||||
8 | expertise in
medical or dental records for this | ||||||
9 | purpose or consult with a chief medical examiner, | ||||||
10 | forensic anthropologist, or odontologist to ensure the | ||||||
11 | accuracy and completeness of information entered into | ||||||
12 | the State and federal databases.
| ||||||
13 | (2) The Illinois State Police shall immediately notify | ||||||
14 | all law enforcement agencies within this State and the | ||||||
15 | surrounding region of the information that will aid in the | ||||||
16 | prompt location and safe return of the high-risk missing | ||||||
17 | person. | ||||||
18 | (3) The local law enforcement agencies that receive | ||||||
19 | the notification from the Illinois State Police shall | ||||||
20 | notify officers to be on the lookout for the missing | ||||||
21 | person or a suspected abductor. | ||||||
22 | (4) Pursuant to any applicable State criteria, local | ||||||
23 | law enforcement agencies shall also provide for the prompt | ||||||
24 | use of an Amber Alert in cases involving abducted | ||||||
25 | children; or use of the Endangered Missing Person Advisory | ||||||
26 | in appropriate high-risk high risk cases , or use the Be on |
| |||||||
| |||||||
1 | the Lookout (BOLO) System in endangered missing youth | ||||||
2 | cases; | ||||||
3 | (5) In cases where the Be on the Lookout (BOLO) System | ||||||
4 | has been triggered for an endangered missing youth, the | ||||||
5 | Missing Persons Action Network or similar volunteer | ||||||
6 | network must assign a liaison responsible for reaching out | ||||||
7 | to the family and assisting law enforcement and the family | ||||||
8 | in finding the
endangered missing youth, as well as | ||||||
9 | putting the family in contact with the organization's | ||||||
10 | network of investigators .
| ||||||
11 | (Source: P.A. 101-81, eff. 7-12-19; 101-266, eff. 1-1-21; | ||||||
12 | 102-538, eff. 8-20-21.)
| ||||||
13 | Section 25. The Counties Code is amended by changing | ||||||
14 | Section 5-1090 as follows:
| ||||||
15 | (55 ILCS 5/5-1090) (from Ch. 34, par. 5-1090)
| ||||||
16 | Sec. 5-1090. Missing Runaway or homeless youths. A county | ||||||
17 | board may annually
appropriate funds to private nonprofit | ||||||
18 | organizations for the purpose of
providing services to missing | ||||||
19 | runaway or homeless youths and their families. The
services | ||||||
20 | may include temporary shelter, food, clothing, medical care,
| ||||||
21 | transportation, individual and family counseling, and any | ||||||
22 | other service
necessary to provide adequate temporary, | ||||||
23 | protective care for missing runaway or
homeless youths, and to | ||||||
24 | reunite the youths with their parents or guardians.
For the |
| |||||||
| |||||||
1 | purposes of this Section, " missing runaway or homeless youth" | ||||||
2 | means a
person under the age of 18, who is absent from his | ||||||
3 | legal residence without
the consent of his parent or legal | ||||||
4 | guardian, or who is without a place of
shelter where | ||||||
5 | supervision and care are available.
| ||||||
6 | (Source: P.A. 86-962.)
| ||||||
7 | Section 30. The Township Code is amended by changing | ||||||
8 | Section 215-15 as follows:
| ||||||
9 | (60 ILCS 1/215-15)
| ||||||
10 | Sec. 215-15. Missing Runaway or homeless youths. The | ||||||
11 | township board annually may
appropriate funds to private | ||||||
12 | nonprofit organizations for the purpose of
providing services | ||||||
13 | to missing runaway or homeless youths and their families. The
| ||||||
14 | services may include temporary shelter, food, clothing, | ||||||
15 | medical care,
transportation, individual and family | ||||||
16 | counseling, and any other service
necessary to provide | ||||||
17 | adequate temporary, protective care for missing runaway or
| ||||||
18 | homeless youths and to reunite the youths with their parents | ||||||
19 | or guardians. For
purposes of this Section, " missing runaway | ||||||
20 | or homeless youth" means a person under the
age of 18 years who | ||||||
21 | is absent from his legal residence without the consent of
his | ||||||
22 | parent or legal guardian or who is without a place of shelter | ||||||
23 | where
supervision and care are available.
| ||||||
24 | (Source: P.A. 83-1284; 88-62.)
|
| |||||||
| |||||||
1 | Section 35. The Illinois Municipal Code is amended by | ||||||
2 | changing Section 11-5.2-3 as follows:
| ||||||
3 | (65 ILCS 5/11-5.2-3) (from Ch. 24, par. 11-5.2-3)
| ||||||
4 | Sec. 11-5.2-3.
The corporate authorities of a municipality | ||||||
5 | annually
may appropriate funds to private nonprofit | ||||||
6 | organizations for the purpose
of providing services to missing | ||||||
7 | runaway or homeless youths and their families.
Such services | ||||||
8 | may include temporary shelter, food, clothing, medical care,
| ||||||
9 | transportation, individual and family counseling, and any | ||||||
10 | other service
necessary to provide adequate temporary, | ||||||
11 | protective care for missing runaway or
homeless youths, and to | ||||||
12 | reunite the youths with their parents or guardians.
For the | ||||||
13 | purposes of this Section, " missing runaway or homeless youth" | ||||||
14 | means a person
under the age of 18 years who is absent from his | ||||||
15 | legal residence without
the consent of his parent or legal | ||||||
16 | guardian, or who is without a place of
shelter where | ||||||
17 | supervision and care are available.
| ||||||
18 | (Source: P.A. 83-1284.)
| ||||||
19 | Section 40. The Intergovernmental Missing Child Recovery | ||||||
20 | Act of 1984 is amended by changing Sections 3, 6, and 7 as | ||||||
21 | follows:
| ||||||
22 | (325 ILCS 40/3) (from Ch. 23, par. 2253)
|
| |||||||
| |||||||
1 | Sec. 3.
The Illinois State Police shall establish a State | ||||||
2 | Missing Persons Clearinghouse as a resource to promote an | ||||||
3 | immediate
and effective community response to missing children | ||||||
4 | and may engage in,
but shall not be limited to, the following | ||||||
5 | activities:
| ||||||
6 | (a) To establish and conduct programs to educate parents, | ||||||
7 | children and
communities in ways to prevent the abduction of | ||||||
8 | children.
| ||||||
9 | (b) To conduct training programs and distribute materials | ||||||
10 | providing
guidelines for children when dealing with strangers, | ||||||
11 | casual acquaintances,
or non-custodial parents, in order to | ||||||
12 | avoid abduction or kidnapping situations.
| ||||||
13 | (c) To compile, maintain and make available data upon the | ||||||
14 | request of law
enforcement agencies and other entities deemed | ||||||
15 | appropriate by the Illinois State Police
to assist enforcement | ||||||
16 | agencies in recovering missing children, including
but not | ||||||
17 | limited to data regarding the places of shelter commonly used | ||||||
18 | by
missing runaway children in a requested geographical area.
| ||||||
19 | (d) To draft and implement plans for the most efficient | ||||||
20 | use of available
resources to publicize information regarding | ||||||
21 | missing children.
| ||||||
22 | (e) To establish and maintain contacts with other state | ||||||
23 | missing persons clearinghouses, law
enforcement agencies, and | ||||||
24 | missing persons non-profit organizations in order to increase | ||||||
25 | the
probability of locating and returning missing children, | ||||||
26 | and to otherwise
assist in the recovery and tracking of |
| |||||||
| |||||||
1 | missing children.
| ||||||
2 | (f) To coordinate the tracking and recovery of children | ||||||
3 | under the custody
or guardianship of the Department of | ||||||
4 | Children and Family Services whose
disappearance has been | ||||||
5 | reported and to produce an annual report indicating the
number | ||||||
6 | of children under the custody or guardianship of that | ||||||
7 | Department who
have been reported missing and the number who | ||||||
8 | have been recovered.
| ||||||
9 | (g) To conduct other activities as may be necessary
to | ||||||
10 | achieve the goals established by this Act.
| ||||||
11 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
12 | (325 ILCS 40/6) (from Ch. 23, par. 2256)
| ||||||
13 | Sec. 6. The Illinois State Police shall:
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14 | (a) Utilize the statewide Law Enforcement Agencies Data
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15 | System (LEADS) for the purpose of effecting an immediate law | ||||||
16 | enforcement
response to reports of missing children. The | ||||||
17 | Illinois State Police shall implement an
automated data | ||||||
18 | exchange system to compile, to maintain and to make
available | ||||||
19 | for dissemination to Illinois and out-of-State law enforcement
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20 | agencies, data which can assist appropriate agencies in | ||||||
21 | recovering missing
children.
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22 | (b) Establish contacts and exchange information regarding | ||||||
23 | lost or , missing or
runaway children with nationally | ||||||
24 | recognized " missing person and runaway"
service organizations | ||||||
25 | and monitor national research and publicize important
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1 | developments.
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2 | (c) Provide a uniform reporting format for the entry of | ||||||
3 | pertinent
information regarding reports of missing children | ||||||
4 | into LEADS.
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5 | (d) Develop and implement a policy whereby a statewide or | ||||||
6 | regional alert
would be used in situations relating to the | ||||||
7 | disappearances of children,
based on criteria and in a format | ||||||
8 | established by the Illinois State Police. Such a
format shall | ||||||
9 | include, but not be limited to, the age and physical | ||||||
10 | description
of the missing child and the suspected | ||||||
11 | circumstances of the disappearance.
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12 | (e) Notify all law enforcement agencies that reports of | ||||||
13 | missing persons
shall be entered as soon as the minimum level | ||||||
14 | of data specified by the Illinois State Police
is available to | ||||||
15 | the reporting agency and that no waiting period
for entry of | ||||||
16 | such data exists.
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17 | (f) Provide a procedure for prompt confirmation of the | ||||||
18 | receipt and entry of
the missing child report into LEADS to the | ||||||
19 | parent or guardian of the missing
child.
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20 | (g) Compile and retain information regarding missing | ||||||
21 | children in a
separate data file, in a manner that allows such | ||||||
22 | information to be used by
law enforcement and other agencies | ||||||
23 | deemed appropriate by the Director, for
investigative | ||||||
24 | purposes. Such files shall be updated to reflect and include
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25 | information relating to the disposition of the case.
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26 | (h) Compile and maintain an historic data repository |
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1 | relating to missing
children in order (1) to develop and | ||||||
2 | improve techniques utilized by law
enforcement agencies when | ||||||
3 | responding to reports of missing children and (2)
to provide a | ||||||
4 | factual and statistical base for research that would address
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5 | the problem of missing children.
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6 | (i) Create a quality control program to monitor timeliness | ||||||
7 | of entries of
missing children reports into LEADS and conduct | ||||||
8 | performance audits of all
entering agencies.
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9 | (j) Prepare a periodic information bulletin concerning | ||||||
10 | missing children
who it determines may be present in this | ||||||
11 | State, compiling such bulletin from
information contained in | ||||||
12 | both the National Crime Information Center computer
and from | ||||||
13 | reports, alerts and other information entered into LEADS or
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14 | otherwise compiled and retained by the Illinois State Police | ||||||
15 | pursuant to this Act. The
bulletin shall indicate the name, | ||||||
16 | age, physical description, suspected
circumstances of | ||||||
17 | disappearance if that information is available, a photograph
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18 | if one is available, the name of the law enforcement agency | ||||||
19 | investigating the
case, and such other information as the | ||||||
20 | Director considers appropriate
concerning each missing child | ||||||
21 | who the Illinois State Police determines may be present in
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22 | this State. The Illinois State Police shall send a copy of each | ||||||
23 | periodic information
bulletin to the State Board of Education | ||||||
24 | for its use in accordance with Section
2-3.48 of the School | ||||||
25 | Code. The Illinois State Police shall provide a copy of the | ||||||
26 | bulletin,
upon request, to law enforcement agencies of this or |
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1 | any other state or of the
federal government, and may provide a | ||||||
2 | copy of the bulletin, upon request, to
other persons or | ||||||
3 | entities, if deemed appropriate by the Director, and may
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4 | establish limitations on its use and a reasonable fee for so | ||||||
5 | providing the
same, except that no fee shall be charged for | ||||||
6 | providing the periodic
information bulletin to the State Board | ||||||
7 | of Education, appropriate units of
local government, State | ||||||
8 | agencies, or law enforcement agencies of this or any
other | ||||||
9 | state or of the federal government.
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10 | (k) Provide for the entry into LEADS of the names and | ||||||
11 | addresses of sex
offenders as defined in the Sex Offender | ||||||
12 | Registration Act who are required to
register under that Act. | ||||||
13 | The information shall be immediately accessible to
law | ||||||
14 | enforcement agencies and peace officers of this State or any | ||||||
15 | other state or
of the federal government. Similar information | ||||||
16 | may be requested from any other
state or of the federal | ||||||
17 | government for purposes of this Act.
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18 | (l) Provide for the entry into LEADS of the names and | ||||||
19 | addresses of violent offenders against youth as defined in the | ||||||
20 | Murderer and Violent Offender Against Youth Registration Act | ||||||
21 | who are required to
register under that Act. The information | ||||||
22 | shall be immediately accessible to
law enforcement agencies | ||||||
23 | and peace officers of this State or any other state or
of the | ||||||
24 | federal government. Similar information may be requested from | ||||||
25 | any other
state or of the federal government for purposes of | ||||||
26 | this Act.
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1 | (Source: P.A. 102-538, eff. 8-20-21.)
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2 | (325 ILCS 40/7) (from Ch. 23, par. 2257)
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3 | Sec. 7.
(a) All law enforcement agencies and policing | ||||||
4 | bodies of this
State shall, upon receipt of a report of a | ||||||
5 | missing person, enter that
report into LEADS as soon as the | ||||||
6 | minimum level of data specified pursuant
to subsection (e) of | ||||||
7 | Section 6 is available and shall furnish the Illinois State | ||||||
8 | Police, in the form and detail the Illinois State Police | ||||||
9 | requires, (1) reports of
cases of lost or , missing or runaway | ||||||
10 | children as they arise and the disposition of
such cases, (2) | ||||||
11 | information relating to sex crimes which occurred in their
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12 | respective jurisdictions and which they investigated, and (3) | ||||||
13 | the names and
addresses of sex offenders required to register | ||||||
14 | in their
respective jurisdictions under the Sex Offender | ||||||
15 | Registration
Act. Such information shall be submitted on a | ||||||
16 | regular basis, as deemed
necessary by the Illinois State | ||||||
17 | Police, and shall be kept in a central automated data
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18 | repository for the purpose of establishing profiles of sex | ||||||
19 | offenders and
victims and to assist all law enforcement | ||||||
20 | agencies in the identification and
apprehension of sex | ||||||
21 | offenders.
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22 | (b) In addition to entering the report of a missing child | ||||||
23 | into LEADS
as prescribed by subsection (a), all law | ||||||
24 | enforcement agencies shall, upon
receipt of a report of a | ||||||
25 | missing child:
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1 | (1) Immediately make a radio dispatch to officers on | ||||||
2 | duty at the time of
receipt of the report. The dispatch | ||||||
3 | shall contain the name and approximate
age of the missing | ||||||
4 | child and any other pertinent information available at
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5 | that time. In the event that the law enforcement agency | ||||||
6 | receiving the
report of the missing child does not operate | ||||||
7 | a radio dispatch system, a
geographically appropriate | ||||||
8 | radio dispatch system shall be used, such as the
Illinois | ||||||
9 | State Police Emergency Radio Network or a similar | ||||||
10 | multi-agency law
enforcement radio communication system | ||||||
11 | serving the area of the reporting
agency.
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12 | In addition, in the event that a missing child is not | ||||||
13 | recovered during
the work shift in which the radio | ||||||
14 | dispatch was made, the law enforcement
agency receiving | ||||||
15 | the report of the missing child shall disseminate the
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16 | information relating to the missing child to all sworn | ||||||
17 | personnel employed
by the agency who work or are assigned | ||||||
18 | to other shifts or time periods.
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19 | (2) Immediately contact State Missing Persons | ||||||
20 | Clearinghouse personnel designated by the Illinois State | ||||||
21 | Police, by a means and in a manner and form prescribed by | ||||||
22 | the Illinois State Police, informing the personnel of the | ||||||
23 | report of the missing child.
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24 | (Source: P.A. 102-538, eff. 8-20-21.)
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25 | Section 45. The Missing Children Records Act is amended by |
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1 | changing Section 1 as follows:
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2 | (325 ILCS 50/1) (from Ch. 23, par. 2281)
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3 | Sec. 1. Definitions. As used in this Act, unless the | ||||||
4 | context requires
otherwise:
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5 | (a) "Custodian" means the State Registrar of Vital | ||||||
6 | Records, local
registrars of vital records appointed by the | ||||||
7 | State Registrar and county clerks.
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8 | (b) (Blank).
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9 | (c) "Missing person" means a person 17 years old or | ||||||
10 | younger reported to
any law enforcement authority as abducted, | ||||||
11 | lost , or missing a runaway .
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12 | (d) "Registrar" means the State Registrar of Vital | ||||||
13 | Records.
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14 | (Source: P.A. 102-538, eff. 8-20-21.)
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15 | Section 50. The Missing Children Registration Law is | ||||||
16 | amended by changing Section 1 as follows:
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17 | (325 ILCS 55/1) (from Ch. 23, par. 2271)
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18 | Sec. 1. Definitions. As used in this Article, unless the | ||||||
19 | context requires otherwise:
| ||||||
20 | (a) "Custodian" means the State Registrar of Vital | ||||||
21 | Records, local
registrars of vital records appointed by the | ||||||
22 | State Registrar and county clerks.
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23 | (b) (Blank).
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1 | (c) "Missing child" means a person under the age of 18 | ||||||
2 | years, reported to
any law enforcement authority as abducted, | ||||||
3 | lost , or missing a runaway ,
whose identity is entered into the | ||||||
4 | Law Enforcement Agencies Data System.
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5 | (d) "Registrar" means the State Registrar of Vital | ||||||
6 | Records.
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7 | (Source: P.A. 102-538, eff. 8-20-21.)
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