98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB3756

Introduced , by Rep. La Shawn K. Ford

SYNOPSIS AS INTRODUCED:

`20 ILCS 505/5`	`from Ch. 23, par. 5005`
`705 ILCS 405/5-401`
`705 ILCS 405/5-901`
`725 ILCS 5/107-2`	`from Ch. 38, par. 107-2`

Amends the Children and Family Services Act. Provides that within 72 hours after the arrest or detention by a law enforcement officer of a minor who was under 18 years of age at the time of the arrest or detention and who is not in State custody for an offense, other than a minor traffic offense, in which the law enforcement agency keeps a record of the arrest or detention, the Department shall convene a meeting with representatives of the school district where the minor resides and the Department of Juvenile Justice, to establish supportive services plans for the person to meet the needs of that person and his or her family. The supportive services plans shall include a behavior health intervention plan, an education plan, a parental support plan, and any other services plans benefiting the person and his or her family. Defines "minor traffic offense" as a petty offense, business offense, or Class C misdemeanor under the Illinois Vehicle Code or a similar provision of a municipal or local ordinance. Amends the Juvenile Court Act of 1987 and the Code of Criminal Procedure of 1963. Provides that immediately after the arrest or taking into custody of a minor who is not in State custody if the arrest or taking into custody is for an offense, other than a minor traffic violation, in which the law enforcement agency has kept a record of that arrest or taking into custody, the law enforcement agency whose officer has arrested or taken the minor into custody shall notify the Department of Children and Family Services that the minor has been arrested or taken into custody. Provides that the Department of Children and Family Services shall notify the school district where the minor resides and the Department of Juvenile Justice that the minor has been arrested or taken into custody. Changes the confidentiality provisions of the Juvenile Court Act of 1987 to permit disclosure of the law enforcement records to the Department of Children and Family Services, the school district where the minor resides, and the Department of Juvenile Justice.

LRB098 14641 RLC 49752 b

A BILL FOR

HB3756

LRB098 14641 RLC 49752 b

1 AN ACT concerning criminal law.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Children and Family Services Act is amended

5 by changing Section 5 as follows:

6 (20 ILCS 505/5) (from Ch. 23, par. 5005)

7 Sec. 5. Direct child welfare services; Department of

8 Children and Family Services. To provide direct child welfare

9 services when not available through other public or private

10 child care or program facilities.

11 (a) For purposes of this Section:

12 (1) "Children" means persons found within the State who

13 are under the age of 18 years. The term also includes

14 persons under age 21 who:

15 (A) were committed to the Department pursuant to

16 the Juvenile Court Act or the Juvenile Court Act of

17 1987, as amended, prior to the age of 18 and who

18 continue under the jurisdiction of the court; or

19 (B) were accepted for care, service and training by

20 the Department prior to the age of 18 and whose best

21 interest in the discretion of the Department would be

22 served by continuing that care, service and training

23 because of severe emotional disturbances, physical

HB3756

- 2 -

LRB098 14641 RLC 49752 b

1 disability, social adjustment or any combination

2 thereof, or because of the need to complete an

3 educational or vocational training program.

4 (2) "Homeless youth" means persons found within the

5 State who are under the age of 19, are not in a safe and

6 stable living situation and cannot be reunited with their

7 families.

8 (3) "Child welfare services" means public social

9 services which are directed toward the accomplishment of

10 the following purposes:

11 (A) protecting and promoting the health, safety

12 and welfare of children, including homeless, dependent

13 or neglected children;

14 (B) remedying, or assisting in the solution of

15 problems which may result in, the neglect, abuse,

16 exploitation or delinquency of children;

17 (C) preventing the unnecessary separation of

18 children from their families by identifying family

19 problems, assisting families in resolving their

20 problems, and preventing the breakup of the family

21 where the prevention of child removal is desirable and

22 possible when the child can be cared for at home

23 without endangering the child's health and safety;

24 (D) restoring to their families children who have

25 been removed, by the provision of services to the child

26 and the families when the child can be cared for at

HB3756

- 3 -

LRB098 14641 RLC 49752 b

1 home without endangering the child's health and

2 safety;

3 (E) placing children in suitable adoptive homes,

4 in cases where restoration to the biological family is

5 not safe, possible or appropriate;

6 (F) assuring safe and adequate care of children

7 away from their homes, in cases where the child cannot

8 be returned home or cannot be placed for adoption. At

9 the time of placement, the Department shall consider

10 concurrent planning, as described in subsection (l-1)

11 of this Section so that permanency may occur at the

12 earliest opportunity. Consideration should be given so

13 that if reunification fails or is delayed, the

14 placement made is the best available placement to

15 provide permanency for the child;

16 (G) (blank);

17 (H) (blank); and

18 (I) placing and maintaining children in facilities

19 that provide separate living quarters for children

20 under the age of 18 and for children 18 years of age

21 and older, unless a child 18 years of age is in the

22 last year of high school education or vocational

23 training, in an approved individual or group treatment

24 program, in a licensed shelter facility, or secure

25 child care facility. The Department is not required to

26 place or maintain children:

HB3756

- 4 -

LRB098 14641 RLC 49752 b

1 (i) who are in a foster home, or

2 (ii) who are persons with a developmental

3 disability, as defined in the Mental Health and

4 Developmental Disabilities Code, or

5 (iii) who are female children who are

6 pregnant, pregnant and parenting or parenting, or

7 (iv) who are siblings, in facilities that

8 provide separate living quarters for children 18

9 years of age and older and for children under 18

10 years of age.

11 (b) Nothing in this Section shall be construed to authorize

12 the expenditure of public funds for the purpose of performing

13 abortions.

14 (c) The Department shall establish and maintain

15 tax-supported child welfare services and extend and seek to

16 improve voluntary services throughout the State, to the end

17 that services and care shall be available on an equal basis

18 throughout the State to children requiring such services.

19 (d) The Director may authorize advance disbursements for

20 any new program initiative to any agency contracting with the

21 Department. As a prerequisite for an advance disbursement, the

22 contractor must post a surety bond in the amount of the advance

23 disbursement and have a purchase of service contract approved

24 by the Department. The Department may pay up to 2 months

25 operational expenses in advance. The amount of the advance

26 disbursement shall be prorated over the life of the contract or

HB3756

- 5 -

LRB098 14641 RLC 49752 b

1 the remaining months of the fiscal year, whichever is less, and

2 the installment amount shall then be deducted from future

3 bills. Advance disbursement authorizations for new initiatives

4 shall not be made to any agency after that agency has operated

5 during 2 consecutive fiscal years. The requirements of this

6 Section concerning advance disbursements shall not apply with

7 respect to the following: payments to local public agencies for

8 child day care services as authorized by Section 5a of this

9 Act; and youth service programs receiving grant funds under

10 Section 17a-4.

11 (e) (Blank).

12 (f) (Blank).

13 (g) The Department shall establish rules and regulations

14 concerning its operation of programs designed to meet the goals

15 of child safety and protection, family preservation, family

16 reunification, and adoption, including but not limited to:

17 (1) adoption;

18 (2) foster care;

19 (3) family counseling;

20 (4) protective services;

21 (5) (blank);

22 (6) homemaker service;

23 (7) return of runaway children;

24 (8) (blank);

25 (9) placement under Section 5-7 of the Juvenile Court

26 Act or Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile

HB3756

- 6 -

LRB098 14641 RLC 49752 b

1 Court Act of 1987 in accordance with the federal Adoption

2 Assistance and Child Welfare Act of 1980; and

3 (10) interstate services.

4 Rules and regulations established by the Department shall

5 include provisions for training Department staff and the staff

6 of Department grantees, through contracts with other agencies

7 or resources, in alcohol and drug abuse screening techniques

8 approved by the Department of Human Services, as a successor to

9 the Department of Alcoholism and Substance Abuse, for the

10 purpose of identifying children and adults who should be

11 referred to an alcohol and drug abuse treatment program for

12 professional evaluation.

13 (h) If the Department finds that there is no appropriate

14 program or facility within or available to the Department for a

15 ward and that no licensed private facility has an adequate and

16 appropriate program or none agrees to accept the ward, the

17 Department shall create an appropriate individualized,

18 program-oriented plan for such ward. The plan may be developed

19 within the Department or through purchase of services by the

20 Department to the extent that it is within its statutory

21 authority to do.

22 (i) Service programs shall be available throughout the

23 State and shall include but not be limited to the following

24 services:

25 (1) case management;

26 (2) homemakers;

HB3756

- 7 -

LRB098 14641 RLC 49752 b

1 (3) counseling;

2 (4) parent education;

3 (5) day care; and

4 (6) emergency assistance and advocacy.

5 In addition, the following services may be made available

6 to assess and meet the needs of children and families:

7 (1) comprehensive family-based services;

8 (2) assessments;

9 (3) respite care; and

10 (4) in-home health services.

11 The Department shall provide transportation for any of the

12 services it makes available to children or families or for

13 which it refers children or families.

14 (j) The Department may provide categories of financial

15 assistance and education assistance grants, and shall

16 establish rules and regulations concerning the assistance and

17 grants, to persons who adopt physically or mentally

18 handicapped, older and other hard-to-place children who (i)

19 immediately prior to their adoption were legal wards of the

20 Department or (ii) were determined eligible for financial

21 assistance with respect to a prior adoption and who become

22 available for adoption because the prior adoption has been

23 dissolved and the parental rights of the adoptive parents have

24 been terminated or because the child's adoptive parents have

25 died. The Department may continue to provide financial

26 assistance and education assistance grants for a child who was

HB3756

- 8 -

LRB098 14641 RLC 49752 b

1 determined eligible for financial assistance under this

2 subsection (j) in the interim period beginning when the child's

3 adoptive parents died and ending with the finalization of the

4 new adoption of the child by another adoptive parent or

5 parents. The Department may also provide categories of

6 financial assistance and education assistance grants, and

7 shall establish rules and regulations for the assistance and

8 grants, to persons appointed guardian of the person under

9 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,

10 4-25 or 5-740 of the Juvenile Court Act of 1987 for children

11 who were wards of the Department for 12 months immediately

12 prior to the appointment of the guardian.

13 The amount of assistance may vary, depending upon the needs

14 of the child and the adoptive parents, as set forth in the

15 annual assistance agreement. Special purpose grants are

16 allowed where the child requires special service but such costs

17 may not exceed the amounts which similar services would cost

18 the Department if it were to provide or secure them as guardian

19 of the child.

20 Any financial assistance provided under this subsection is

21 inalienable by assignment, sale, execution, attachment,

22 garnishment, or any other remedy for recovery or collection of

23 a judgment or debt.

24 (j-5) The Department shall not deny or delay the placement

25 of a child for adoption if an approved family is available

26 either outside of the Department region handling the case, or

HB3756

- 9 -

LRB098 14641 RLC 49752 b

1 outside of the State of Illinois.

2 (k) The Department shall accept for care and training any

3 child who has been adjudicated neglected or abused, or

4 dependent committed to it pursuant to the Juvenile Court Act or

5 the Juvenile Court Act of 1987.

6 (l) The Department shall offer family preservation

7 services, as defined in Section 8.2 of the Abused and Neglected

8 Child Reporting Act, to help families, including adoptive and

9 extended families. Family preservation services shall be

10 offered (i) to prevent the placement of children in substitute

11 care when the children can be cared for at home or in the

12 custody of the person responsible for the children's welfare,

13 (ii) to reunite children with their families, or (iii) to

14 maintain an adoptive placement. Family preservation services

15 shall only be offered when doing so will not endanger the

16 children's health or safety. With respect to children who are

17 in substitute care pursuant to the Juvenile Court Act of 1987,

18 family preservation services shall not be offered if a goal

19 other than those of subdivisions (A), (B), or (B-1) of

20 subsection (2) of Section 2-28 of that Act has been set.

21 Nothing in this paragraph shall be construed to create a

22 private right of action or claim on the part of any individual

23 or child welfare agency, except that when a child is the

24 subject of an action under Article II of the Juvenile Court Act

25 of 1987 and the child's service plan calls for services to

26 facilitate achievement of the permanency goal, the court

HB3756

- 10 -

LRB098 14641 RLC 49752 b

1 hearing the action under Article II of the Juvenile Court Act

2 of 1987 may order the Department to provide the services set

3 out in the plan, if those services are not provided with

4 reasonable promptness and if those services are available.

5 The Department shall notify the child and his family of the

6 Department's responsibility to offer and provide family

7 preservation services as identified in the service plan. The

8 child and his family shall be eligible for services as soon as

9 the report is determined to be "indicated". The Department may

10 offer services to any child or family with respect to whom a

11 report of suspected child abuse or neglect has been filed,

12 prior to concluding its investigation under Section 7.12 of the

13 Abused and Neglected Child Reporting Act. However, the child's

14 or family's willingness to accept services shall not be

15 considered in the investigation. The Department may also

16 provide services to any child or family who is the subject of

17 any report of suspected child abuse or neglect or may refer

18 such child or family to services available from other agencies

19 in the community, even if the report is determined to be

20 unfounded, if the conditions in the child's or family's home

21 are reasonably likely to subject the child or family to future

22 reports of suspected child abuse or neglect. Acceptance of such

23 services shall be voluntary. The Department may also provide

24 services to any child or family after completion of a family

25 assessment, as an alternative to an investigation, as provided

26 under the "differential response program" provided for in

HB3756

- 11 -

LRB098 14641 RLC 49752 b

1 subsection (a-5) of Section 7.4 of the Abused and Neglected

2 Child Reporting Act.

3 The Department may, at its discretion except for those

4 children also adjudicated neglected or dependent, accept for

5 care and training any child who has been adjudicated addicted,

6 as a truant minor in need of supervision or as a minor

7 requiring authoritative intervention, under the Juvenile Court

8 Act or the Juvenile Court Act of 1987, but no such child shall

9 be committed to the Department by any court without the

10 approval of the Department. A minor charged with a criminal

11 offense under the Criminal Code of 1961 or the Criminal Code of

12 2012 or adjudicated delinquent shall not be placed in the

13 custody of or committed to the Department by any court, except

14 (i) a minor less than 15 years of age committed to the

15 Department under Section 5-710 of the Juvenile Court Act of

16 1987, (ii) a minor for whom an independent basis of abuse,

17 neglect, or dependency exists, which must be defined by

18 departmental rule, or (iii) a minor for whom the court has

19 granted a supplemental petition to reinstate wardship pursuant

20 to subsection (2) of Section 2-33 of the Juvenile Court Act of

21 1987. An independent basis exists when the allegations or

22 adjudication of abuse, neglect, or dependency do not arise from

23 the same facts, incident, or circumstances which give rise to a

24 charge or adjudication of delinquency.

25 As soon as is possible after August 7, 2009 (the effective

26 date of Public Act 96-134), the Department shall develop and

HB3756

- 12 -

LRB098 14641 RLC 49752 b

1 implement a special program of family preservation services to

2 support intact, foster, and adoptive families who are

3 experiencing extreme hardships due to the difficulty and stress

4 of caring for a child who has been diagnosed with a pervasive

5 developmental disorder if the Department determines that those

6 services are necessary to ensure the health and safety of the

7 child. The Department may offer services to any family whether

8 or not a report has been filed under the Abused and Neglected

9 Child Reporting Act. The Department may refer the child or

10 family to services available from other agencies in the

11 community if the conditions in the child's or family's home are

12 reasonably likely to subject the child or family to future

13 reports of suspected child abuse or neglect. Acceptance of

14 these services shall be voluntary. The Department shall develop

15 and implement a public information campaign to alert health and

16 social service providers and the general public about these

17 special family preservation services. The nature and scope of

18 the services offered and the number of families served under

19 the special program implemented under this paragraph shall be

20 determined by the level of funding that the Department annually

21 allocates for this purpose. The term "pervasive developmental

22 disorder" under this paragraph means a neurological condition,

23 including but not limited to, Asperger's Syndrome and autism,

24 as defined in the most recent edition of the Diagnostic and

25 Statistical Manual of Mental Disorders of the American

26 Psychiatric Association.

HB3756

- 13 -

LRB098 14641 RLC 49752 b

1 (l-1) The legislature recognizes that the best interests of

2 the child require that the child be placed in the most

3 permanent living arrangement as soon as is practically

4 possible. To achieve this goal, the legislature directs the

5 Department of Children and Family Services to conduct

6 concurrent planning so that permanency may occur at the

7 earliest opportunity. Permanent living arrangements may

8 include prevention of placement of a child outside the home of

9 the family when the child can be cared for at home without

10 endangering the child's health or safety; reunification with

11 the family, when safe and appropriate, if temporary placement

12 is necessary; or movement of the child toward the most

13 permanent living arrangement and permanent legal status.

14 When determining reasonable efforts to be made with respect

15 to a child, as described in this subsection, and in making such

16 reasonable efforts, the child's health and safety shall be the

17 paramount concern.

18 When a child is placed in foster care, the Department shall

19 ensure and document that reasonable efforts were made to

20 prevent or eliminate the need to remove the child from the

21 child's home. The Department must make reasonable efforts to

22 reunify the family when temporary placement of the child occurs

23 unless otherwise required, pursuant to the Juvenile Court Act

24 of 1987. At any time after the dispositional hearing where the

25 Department believes that further reunification services would

26 be ineffective, it may request a finding from the court that

HB3756

- 14 -

LRB098 14641 RLC 49752 b

1 reasonable efforts are no longer appropriate. The Department is

2 not required to provide further reunification services after

3 such a finding.

4 A decision to place a child in substitute care shall be

5 made with considerations of the child's health, safety, and

6 best interests. At the time of placement, consideration should

7 also be given so that if reunification fails or is delayed, the

8 placement made is the best available placement to provide

9 permanency for the child.

10 The Department shall adopt rules addressing concurrent

11 planning for reunification and permanency. The Department

12 shall consider the following factors when determining

13 appropriateness of concurrent planning:

14 (1) the likelihood of prompt reunification;

15 (2) the past history of the family;

16 (3) the barriers to reunification being addressed by

17 the family;

18 (4) the level of cooperation of the family;

19 (5) the foster parents' willingness to work with the

20 family to reunite;

21 (6) the willingness and ability of the foster family to

22 provide an adoptive home or long-term placement;

23 (7) the age of the child;

24 (8) placement of siblings.

25 (m) The Department may assume temporary custody of any

26 child if:

HB3756

- 15 -

LRB098 14641 RLC 49752 b

1 (1) it has received a written consent to such temporary

2 custody signed by the parents of the child or by the parent

3 having custody of the child if the parents are not living

4 together or by the guardian or custodian of the child if

5 the child is not in the custody of either parent, or

6 (2) the child is found in the State and neither a

7 parent, guardian nor custodian of the child can be located.

8 If the child is found in his or her residence without a parent,

9 guardian, custodian or responsible caretaker, the Department

10 may, instead of removing the child and assuming temporary

11 custody, place an authorized representative of the Department

12 in that residence until such time as a parent, guardian or

13 custodian enters the home and expresses a willingness and

14 apparent ability to ensure the child's health and safety and

15 resume permanent charge of the child, or until a relative

16 enters the home and is willing and able to ensure the child's

17 health and safety and assume charge of the child until a

18 parent, guardian or custodian enters the home and expresses

19 such willingness and ability to ensure the child's safety and

20 resume permanent charge. After a caretaker has remained in the

21 home for a period not to exceed 12 hours, the Department must

22 follow those procedures outlined in Section 2-9, 3-11, 4-8, or

23 5-415 of the Juvenile Court Act of 1987.

24 The Department shall have the authority, responsibilities

25 and duties that a legal custodian of the child would have

26 pursuant to subsection (9) of Section 1-3 of the Juvenile Court

HB3756

- 16 -

LRB098 14641 RLC 49752 b

1 Act of 1987. Whenever a child is taken into temporary custody

2 pursuant to an investigation under the Abused and Neglected

3 Child Reporting Act, or pursuant to a referral and acceptance

4 under the Juvenile Court Act of 1987 of a minor in limited

5 custody, the Department, during the period of temporary custody

6 and before the child is brought before a judicial officer as

7 required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile

8 Court Act of 1987, shall have the authority, responsibilities

9 and duties that a legal custodian of the child would have under

10 subsection (9) of Section 1-3 of the Juvenile Court Act of

11 1987.

12 The Department shall ensure that any child taken into

13 custody is scheduled for an appointment for a medical

14 examination.

15 A parent, guardian or custodian of a child in the temporary

16 custody of the Department who would have custody of the child

17 if he were not in the temporary custody of the Department may

18 deliver to the Department a signed request that the Department

19 surrender the temporary custody of the child. The Department

20 may retain temporary custody of the child for 10 days after the

21 receipt of the request, during which period the Department may

22 cause to be filed a petition pursuant to the Juvenile Court Act

23 of 1987. If a petition is so filed, the Department shall retain

24 temporary custody of the child until the court orders

25 otherwise. If a petition is not filed within the 10 day period,

26 the child shall be surrendered to the custody of the requesting

HB3756

- 17 -

LRB098 14641 RLC 49752 b

1 parent, guardian or custodian not later than the expiration of

2 the 10 day period, at which time the authority and duties of

3 the Department with respect to the temporary custody of the

4 child shall terminate.

5 (m-1) The Department may place children under 18 years of

6 age in a secure child care facility licensed by the Department

7 that cares for children who are in need of secure living

8 arrangements for their health, safety, and well-being after a

9 determination is made by the facility director and the Director

10 or the Director's designate prior to admission to the facility

11 subject to Section 2-27.1 of the Juvenile Court Act of 1987.

12 This subsection (m-1) does not apply to a child who is subject

13 to placement in a correctional facility operated pursuant to

14 Section 3-15-2 of the Unified Code of Corrections, unless the

15 child is a ward who was placed under the care of the Department

16 before being subject to placement in a correctional facility

17 and a court of competent jurisdiction has ordered placement of

18 the child in a secure care facility.

19 (n) The Department may place children under 18 years of age

20 in licensed child care facilities when in the opinion of the

21 Department, appropriate services aimed at family preservation

22 have been unsuccessful and cannot ensure the child's health and

23 safety or are unavailable and such placement would be for their

24 best interest. Payment for board, clothing, care, training and

25 supervision of any child placed in a licensed child care

26 facility may be made by the Department, by the parents or

HB3756

- 18 -

LRB098 14641 RLC 49752 b

1 guardians of the estates of those children, or by both the

2 Department and the parents or guardians, except that no

3 payments shall be made by the Department for any child placed

4 in a licensed child care facility for board, clothing, care,

5 training and supervision of such a child that exceed the

6 average per capita cost of maintaining and of caring for a

7 child in institutions for dependent or neglected children

8 operated by the Department. However, such restriction on

9 payments does not apply in cases where children require

10 specialized care and treatment for problems of severe emotional

11 disturbance, physical disability, social adjustment, or any

12 combination thereof and suitable facilities for the placement

13 of such children are not available at payment rates within the

14 limitations set forth in this Section. All reimbursements for

15 services delivered shall be absolutely inalienable by

16 assignment, sale, attachment, garnishment or otherwise.

17 (n-1) The Department shall provide or authorize child

18 welfare services, aimed at assisting minors to achieve

19 sustainable self-sufficiency as independent adults, for any

20 minor eligible for the reinstatement of wardship pursuant to

21 subsection (2) of Section 2-33 of the Juvenile Court Act of

22 1987, whether or not such reinstatement is sought or allowed,

23 provided that the minor consents to such services and has not

24 yet attained the age of 21. The Department shall have

25 responsibility for the development and delivery of services

26 under this Section. An eligible youth may access services under

HB3756

- 19 -

LRB098 14641 RLC 49752 b

1 this Section through the Department of Children and Family

2 Services or by referral from the Department of Human Services.

3 Youth participating in services under this Section shall

4 cooperate with the assigned case manager in developing an

5 agreement identifying the services to be provided and how the

6 youth will increase skills to achieve self-sufficiency. A

7 homeless shelter is not considered appropriate housing for any

8 youth receiving child welfare services under this Section. The

9 Department shall continue child welfare services under this

10 Section to any eligible minor until the minor becomes 21 years

11 of age, no longer consents to participate, or achieves

12 self-sufficiency as identified in the minor's service plan. The

13 Department of Children and Family Services shall create clear,

14 readable notice of the rights of former foster youth to child

15 welfare services under this Section and how such services may

16 be obtained. The Department of Children and Family Services and

17 the Department of Human Services shall disseminate this

18 information statewide. The Department shall adopt regulations

19 describing services intended to assist minors in achieving

20 sustainable self-sufficiency as independent adults.

21 (o) The Department shall establish an administrative

22 review and appeal process for children and families who request

23 or receive child welfare services from the Department. Children

24 who are wards of the Department and are placed by private child

25 welfare agencies, and foster families with whom those children

26 are placed, shall be afforded the same procedural and appeal

HB3756

- 20 -

LRB098 14641 RLC 49752 b

1 rights as children and families in the case of placement by the

2 Department, including the right to an initial review of a

3 private agency decision by that agency. The Department shall

4 insure that any private child welfare agency, which accepts

5 wards of the Department for placement, affords those rights to

6 children and foster families. The Department shall accept for

7 administrative review and an appeal hearing a complaint made by

8 (i) a child or foster family concerning a decision following an

9 initial review by a private child welfare agency or (ii) a

10 prospective adoptive parent who alleges a violation of

11 subsection (j-5) of this Section. An appeal of a decision

12 concerning a change in the placement of a child shall be

13 conducted in an expedited manner. A court determination that a

14 current foster home placement is necessary and appropriate

15 under Section 2-28 of the Juvenile Court Act of 1987 does not

16 constitute a judicial determination on the merits of an

17 administrative appeal, filed by a former foster parent,

18 involving a change of placement decision.

19 (p) There is hereby created the Department of Children and

20 Family Services Emergency Assistance Fund from which the

21 Department may provide special financial assistance to

22 families which are in economic crisis when such assistance is

23 not available through other public or private sources and the

24 assistance is deemed necessary to prevent dissolution of the

25 family unit or to reunite families which have been separated

26 due to child abuse and neglect. The Department shall establish

HB3756

- 21 -

LRB098 14641 RLC 49752 b

1 administrative rules specifying the criteria for determining

2 eligibility for and the amount and nature of assistance to be

3 provided. The Department may also enter into written agreements

4 with private and public social service agencies to provide

5 emergency financial services to families referred by the

6 Department. Special financial assistance payments shall be

7 available to a family no more than once during each fiscal year

8 and the total payments to a family may not exceed $500 during a

9 fiscal year.

10 (q) The Department may receive and use, in their entirety,

11 for the benefit of children any gift, donation or bequest of

12 money or other property which is received on behalf of such

13 children, or any financial benefits to which such children are

14 or may become entitled while under the jurisdiction or care of

15 the Department.

16 The Department shall set up and administer no-cost,

17 interest-bearing accounts in appropriate financial

18 institutions for children for whom the Department is legally

19 responsible and who have been determined eligible for Veterans'

20 Benefits, Social Security benefits, assistance allotments from

21 the armed forces, court ordered payments, parental voluntary

22 payments, Supplemental Security Income, Railroad Retirement

23 payments, Black Lung benefits, or other miscellaneous

24 payments. Interest earned by each account shall be credited to

25 the account, unless disbursed in accordance with this

26 subsection.

HB3756

- 22 -

LRB098 14641 RLC 49752 b

1 In disbursing funds from children's accounts, the

2 Department shall:

3 (1) Establish standards in accordance with State and

4 federal laws for disbursing money from children's

5 accounts. In all circumstances, the Department's

6 "Guardianship Administrator" or his or her designee must

7 approve disbursements from children's accounts. The

8 Department shall be responsible for keeping complete

9 records of all disbursements for each account for any

10 purpose.

11 (2) Calculate on a monthly basis the amounts paid from

12 State funds for the child's board and care, medical care

13 not covered under Medicaid, and social services; and

14 utilize funds from the child's account, as covered by

15 regulation, to reimburse those costs. Monthly,

16 disbursements from all children's accounts, up to 1/12 of

17 $13,000,000, shall be deposited by the Department into the

18 General Revenue Fund and the balance over 1/12 of

19 $13,000,000 into the DCFS Children's Services Fund.

20 (3) Maintain any balance remaining after reimbursing

21 for the child's costs of care, as specified in item (2).

22 The balance shall accumulate in accordance with relevant

23 State and federal laws and shall be disbursed to the child

24 or his or her guardian, or to the issuing agency.

25 (r) The Department shall promulgate regulations

26 encouraging all adoption agencies to voluntarily forward to the

HB3756

- 23 -

LRB098 14641 RLC 49752 b

1 Department or its agent names and addresses of all persons who

2 have applied for and have been approved for adoption of a

3 hard-to-place or handicapped child and the names of such

4 children who have not been placed for adoption. A list of such

5 names and addresses shall be maintained by the Department or

6 its agent, and coded lists which maintain the confidentiality

7 of the person seeking to adopt the child and of the child shall

8 be made available, without charge, to every adoption agency in

9 the State to assist the agencies in placing such children for

10 adoption. The Department may delegate to an agent its duty to

11 maintain and make available such lists. The Department shall

12 ensure that such agent maintains the confidentiality of the

13 person seeking to adopt the child and of the child.

14 (s) The Department of Children and Family Services may

15 establish and implement a program to reimburse Department and

16 private child welfare agency foster parents licensed by the

17 Department of Children and Family Services for damages

18 sustained by the foster parents as a result of the malicious or

19 negligent acts of foster children, as well as providing third

20 party coverage for such foster parents with regard to actions

21 of foster children to other individuals. Such coverage will be

22 secondary to the foster parent liability insurance policy, if

23 applicable. The program shall be funded through appropriations

24 from the General Revenue Fund, specifically designated for such

25 purposes.

26 (t) The Department shall perform home studies and

HB3756

- 24 -

LRB098 14641 RLC 49752 b

1 investigations and shall exercise supervision over visitation

2 as ordered by a court pursuant to the Illinois Marriage and

3 Dissolution of Marriage Act or the Adoption Act only if:

4 (1) an order entered by an Illinois court specifically

5 directs the Department to perform such services; and

6 (2) the court has ordered one or both of the parties to

7 the proceeding to reimburse the Department for its

8 reasonable costs for providing such services in accordance

9 with Department rules, or has determined that neither party

10 is financially able to pay.

11 The Department shall provide written notification to the

12 court of the specific arrangements for supervised visitation

13 and projected monthly costs within 60 days of the court order.

14 The Department shall send to the court information related to

15 the costs incurred except in cases where the court has

16 determined the parties are financially unable to pay. The court

17 may order additional periodic reports as appropriate.

18 (u) In addition to other information that must be provided,

19 whenever the Department places a child with a prospective

20 adoptive parent or parents or in a licensed foster home, group

21 home, child care institution, or in a relative home, the

22 Department shall provide to the prospective adoptive parent or

23 parents or other caretaker:

24 (1) available detailed information concerning the

25 child's educational and health history, copies of

26 immunization records (including insurance and medical card

HB3756

- 25 -

LRB098 14641 RLC 49752 b

1 information), a history of the child's previous

2 placements, if any, and reasons for placement changes

3 excluding any information that identifies or reveals the

4 location of any previous caretaker;

5 (2) a copy of the child's portion of the client service

6 plan, including any visitation arrangement, and all

7 amendments or revisions to it as related to the child; and

8 (3) information containing details of the child's

9 individualized educational plan when the child is

10 receiving special education services.

11 The caretaker shall be informed of any known social or

12 behavioral information (including, but not limited to,

13 criminal background, fire setting, perpetuation of sexual

14 abuse, destructive behavior, and substance abuse) necessary to

15 care for and safeguard the children to be placed or currently

16 in the home. The Department may prepare a written summary of

17 the information required by this paragraph, which may be

18 provided to the foster or prospective adoptive parent in

19 advance of a placement. The foster or prospective adoptive

20 parent may review the supporting documents in the child's file

21 in the presence of casework staff. In the case of an emergency

22 placement, casework staff shall at least provide known

23 information verbally, if necessary, and must subsequently

24 provide the information in writing as required by this

25 subsection.

26 The information described in this subsection shall be

HB3756

- 26 -

LRB098 14641 RLC 49752 b

1 provided in writing. In the case of emergency placements when

2 time does not allow prior review, preparation, and collection

3 of written information, the Department shall provide such

4 information as it becomes available. Within 10 business days

5 after placement, the Department shall obtain from the

6 prospective adoptive parent or parents or other caretaker a

7 signed verification of receipt of the information provided.

8 Within 10 business days after placement, the Department shall

9 provide to the child's guardian ad litem a copy of the

10 information provided to the prospective adoptive parent or

11 parents or other caretaker. The information provided to the

12 prospective adoptive parent or parents or other caretaker shall

13 be reviewed and approved regarding accuracy at the supervisory

14 level.

15 (u-5) Effective July 1, 1995, only foster care placements

16 licensed as foster family homes pursuant to the Child Care Act

17 of 1969 shall be eligible to receive foster care payments from

18 the Department. Relative caregivers who, as of July 1, 1995,

19 were approved pursuant to approved relative placement rules

20 previously promulgated by the Department at 89 Ill. Adm. Code

21 335 and had submitted an application for licensure as a foster

22 family home may continue to receive foster care payments only

23 until the Department determines that they may be licensed as a

24 foster family home or that their application for licensure is

25 denied or until September 30, 1995, whichever occurs first.

26 (v) The Department shall access criminal history record

HB3756

- 27 -

LRB098 14641 RLC 49752 b

1 information as defined in the Illinois Uniform Conviction

2 Information Act and information maintained in the adjudicatory

3 and dispositional record system as defined in Section 2605-355

4 of the Department of State Police Law (20 ILCS 2605/2605-355)

5 if the Department determines the information is necessary to

6 perform its duties under the Abused and Neglected Child

7 Reporting Act, the Child Care Act of 1969, and the Children and

8 Family Services Act. The Department shall provide for

9 interactive computerized communication and processing

10 equipment that permits direct on-line communication with the

11 Department of State Police's central criminal history data

12 repository. The Department shall comply with all certification

13 requirements and provide certified operators who have been

14 trained by personnel from the Department of State Police. In

15 addition, one Office of the Inspector General investigator

16 shall have training in the use of the criminal history

17 information access system and have access to the terminal. The

18 Department of Children and Family Services and its employees

19 shall abide by rules and regulations established by the

20 Department of State Police relating to the access and

21 dissemination of this information.

22 (v-1) Prior to final approval for placement of a child, the

23 Department shall conduct a criminal records background check of

24 the prospective foster or adoptive parent, including

25 fingerprint-based checks of national crime information

26 databases. Final approval for placement shall not be granted if

HB3756

- 28 -

LRB098 14641 RLC 49752 b

1 the record check reveals a felony conviction for child abuse or

2 neglect, for spousal abuse, for a crime against children, or

3 for a crime involving violence, including rape, sexual assault,

4 or homicide, but not including other physical assault or

5 battery, or if there is a felony conviction for physical

6 assault, battery, or a drug-related offense committed within

7 the past 5 years.

8 (v-2) Prior to final approval for placement of a child, the

9 Department shall check its child abuse and neglect registry for

10 information concerning prospective foster and adoptive

11 parents, and any adult living in the home. If any prospective

12 foster or adoptive parent or other adult living in the home has

13 resided in another state in the preceding 5 years, the

14 Department shall request a check of that other state's child

15 abuse and neglect registry.

16 (w) Within 120 days of August 20, 1995 (the effective date

17 of Public Act 89-392), the Department shall prepare and submit

18 to the Governor and the General Assembly, a written plan for

19 the development of in-state licensed secure child care

20 facilities that care for children who are in need of secure

21 living arrangements for their health, safety, and well-being.

22 For purposes of this subsection, secure care facility shall

23 mean a facility that is designed and operated to ensure that

24 all entrances and exits from the facility, a building or a

25 distinct part of the building, are under the exclusive control

26 of the staff of the facility, whether or not the child has the

HB3756

- 29 -

LRB098 14641 RLC 49752 b

1 freedom of movement within the perimeter of the facility,

2 building, or distinct part of the building. The plan shall

3 include descriptions of the types of facilities that are needed

4 in Illinois; the cost of developing these secure care

5 facilities; the estimated number of placements; the potential

6 cost savings resulting from the movement of children currently

7 out-of-state who are projected to be returned to Illinois; the

8 necessary geographic distribution of these facilities in

9 Illinois; and a proposed timetable for development of such

10 facilities.

11 (x) The Department shall conduct annual credit history

12 checks to determine the financial history of children placed

13 under its guardianship pursuant to the Juvenile Court Act of

14 1987. The Department shall conduct such credit checks starting

15 when a ward turns 12 years old and each year thereafter for the

16 duration of the guardianship as terminated pursuant to the

17 Juvenile Court Act of 1987. The Department shall determine if

18 financial exploitation of the child's personal information has

19 occurred. If financial exploitation appears to have taken place

20 or is presently ongoing, the Department shall notify the proper

21 law enforcement agency, the proper State's Attorney, or the

22 Attorney General.

23 (y) Beginning on the effective date of this amendatory Act

24 of the 96th General Assembly, a child with a disability who

25 receives residential and educational services from the

26 Department shall be eligible to receive transition services in

HB3756

- 30 -

LRB098 14641 RLC 49752 b

1 accordance with Article 14 of the School Code from the age of

2 14.5 through age 21, inclusive, notwithstanding the child's

3 residential services arrangement. For purposes of this

4 subsection, "child with a disability" means a child with a

5 disability as defined by the federal Individuals with

6 Disabilities Education Improvement Act of 2004.

7 (z) The Department shall access criminal history record

8 information as defined as "background information" in this

9 subsection and criminal history record information as defined

10 in the Illinois Uniform Conviction Information Act for each

11 Department employee or Department applicant. Each Department

12 employee or Department applicant shall submit his or her

13 fingerprints to the Department of State Police in the form and

14 manner prescribed by the Department of State Police. These

15 fingerprints shall be checked against the fingerprint records

16 now and hereafter filed in the Department of State Police and

17 the Federal Bureau of Investigation criminal history records

18 databases. The Department of State Police shall charge a fee

19 for conducting the criminal history record check, which shall

20 be deposited into the State Police Services Fund and shall not

21 exceed the actual cost of the record check. The Department of

22 State Police shall furnish, pursuant to positive

23 identification, all Illinois conviction information to the

24 Department of Children and Family Services.

25 For purposes of this subsection:

26 "Background information" means all of the following:

HB3756

- 31 -

LRB098 14641 RLC 49752 b

1 (i) Upon the request of the Department of Children and

2 Family Services, conviction information obtained from the

3 Department of State Police as a result of a

4 fingerprint-based criminal history records check of the

5 Illinois criminal history records database and the Federal

6 Bureau of Investigation criminal history records database

7 concerning a Department employee or Department applicant.

8 (ii) Information obtained by the Department of

9 Children and Family Services after performing a check of

10 the Department of State Police's Sex Offender Database, as

11 authorized by Section 120 of the Sex Offender Community

12 Notification Law, concerning a Department employee or

13 Department applicant.

14 (iii) Information obtained by the Department of

15 Children and Family Services after performing a check of

16 the Child Abuse and Neglect Tracking System (CANTS)

17 operated and maintained by the Department.

18 "Department employee" means a full-time or temporary

19 employee coded or certified within the State of Illinois

20 Personnel System.

21 "Department applicant" means an individual who has

22 conditional Department full-time or part-time work, a

23 contractor, an individual used to replace or supplement staff,

24 an academic intern, a volunteer in Department offices or on

25 Department contracts, a work-study student, an individual or

26 entity licensed by the Department, or an unlicensed service

HB3756

- 32 -

LRB098 14641 RLC 49752 b

1 provider who works as a condition of a contract or an agreement

2 and whose work may bring the unlicensed service provider into

3 contact with Department clients or client records.

4 (aa) Within 72 hours after the arrest or detention by a law

5 enforcement officer of a minor who was under 18 years of age at

6 the time of the arrest or detention and who is not in State

7 custody if the arrest or detention is for an offense, other

8 than a minor traffic offense, in which the law enforcement

9 agency keeps a record of the arrest or detention, the

10 Department shall convene a meeting with representatives of the

11 school district where the minor resides and the Department of

12 Juvenile Justice, to establish supportive services plans for

13 the person to meet the needs of that person and his or her

14 family. The supportive services plans shall include a behavior

15 health intervention plan, an education plan, a parental support

16 plan, and any other services plans benefiting the person and

17 his or her family. For the purposes of this subsection (aa),

18 "minor traffic offense" means a petty offense, business

19 offense, or Class C misdemeanor under the Illinois Vehicle Code

20 or a similar provision of a municipal or local ordinance.

21 (Source: P.A. 97-1150, eff. 1-25-13; 98-249, eff. 1-1-14;

22 98-570, eff. 8-27-13; revised 9-4-13.)

23 Section 10. The Juvenile Court Act of 1987 is amended by

24 changing Sections 5-401 and 5-901 as follows:

HB3756

- 33 -

LRB098 14641 RLC 49752 b

1 (705 ILCS 405/5-401)

2 Sec. 5-401. Arrest and taking into custody of a minor.

3 (1) A law enforcement officer may, without a warrant,

4 (a) arrest a minor whom the officer with probable cause

5 believes to be a delinquent minor; or

6 (b) take into custody a minor who has been adjudged a

7 ward of the court and has escaped from any commitment

8 ordered by the court under this Act; or

9 (c) take into custody a minor whom the officer

10 reasonably believes has violated the conditions of

11 probation or supervision ordered by the court.

12 (2) Whenever a petition has been filed under Section 5-520

13 and the court finds that the conduct and behavior of the minor

14 may endanger the health, person, welfare, or property of the

15 minor or others or that the circumstances of his or her home

16 environment may endanger his or her health, person, welfare or

17 property, a warrant may be issued immediately to take the minor

18 into custody.

19 (3) Except for minors accused of violation of an order of

20 the court, any minor accused of any act under federal or State

21 law, or a municipal or county ordinance that would not be

22 illegal if committed by an adult, cannot be placed in a jail,

23 municipal lockup, detention center, or secure correctional

24 facility. Juveniles accused with underage consumption and

25 underage possession of alcohol cannot be placed in a jail,

26 municipal lockup, detention center, or correctional facility.

HB3756

- 34 -

LRB098 14641 RLC 49752 b

1 (4) Immediately after the arrest or taking into custody of

2 a minor who is not in State custody if the arrest or taking

3 into custody is for an offense, other than a minor traffic

4 violation, in which the law enforcement agency has kept a

5 record of that arrest or taking into custody, the law

6 enforcement agency whose officer has arrested or taken the

7 minor into custody shall notify the Department of Children and

8 Family Services that the minor has been arrested or taken into

9 custody. The Department of Children and Family Services shall

10 notify the school district where the minor resides and the

11 Department of Juvenile Justice that the minor has been arrested

12 or taken into custody. For the purposes of this subsection (4),

13 "minor traffic offense" means a petty offense, business

14 offense, or Class C misdemeanor under the Illinois Vehicle Code

15 or a similar provision of a municipal or local ordinance.

16 (Source: P.A. 90-590, eff. 1-1-99.)

17 (705 ILCS 405/5-901)

18 Sec. 5-901. Court file.

19 (1) The Court file with respect to proceedings under this

20 Article shall consist of the petitions, pleadings, victim

21 impact statements, process, service of process, orders, writs

22 and docket entries reflecting hearings held and judgments and

23 decrees entered by the court. The court file shall be kept

24 separate from other records of the court.

25 (a) The file, including information identifying the

HB3756

- 35 -

LRB098 14641 RLC 49752 b

1 victim or alleged victim of any sex offense, shall be

2 disclosed only to the following parties when necessary for

3 discharge of their official duties:

4 (i) A judge of the circuit court and members of the

5 staff of the court designated by the judge;

6 (ii) Parties to the proceedings and their

7 attorneys;

8 (iii) Victims and their attorneys, except in cases

9 of multiple victims of sex offenses in which case the

10 information identifying the nonrequesting victims

11 shall be redacted;

12 (iv) Probation officers, law enforcement officers

13 or prosecutors or their staff;

14 (v) Adult and juvenile Prisoner Review Boards.

15 (b) The Court file redacted to remove any information

16 identifying the victim or alleged victim of any sex offense

17 shall be disclosed only to the following parties when

18 necessary for discharge of their official duties:

19 (i) Authorized military personnel;

20 (ii) Persons engaged in bona fide research, with

21 the permission of the judge of the juvenile court and

22 the chief executive of the agency that prepared the

23 particular recording: provided that publication of

24 such research results in no disclosure of a minor's

25 identity and protects the confidentiality of the

26 record;

HB3756

- 36 -

LRB098 14641 RLC 49752 b

1 (iii) The Secretary of State to whom the Clerk of

2 the Court shall report the disposition of all cases, as

3 required in Section 6-204 or Section 6-205.1 of the

4 Illinois Vehicle Code. However, information reported

5 relative to these offenses shall be privileged and

6 available only to the Secretary of State, courts, and

7 police officers;

8 (iv) The administrator of a bonafide substance

9 abuse student assistance program with the permission

10 of the presiding judge of the juvenile court;

11 (v) Any individual, or any public or private agency

12 or institution, having custody of the juvenile under

13 court order or providing educational, medical or

14 mental health services to the juvenile or a

15 court-approved advocate for the juvenile or any

16 placement provider or potential placement provider as

17 determined by the court.

18 (c) Notice that a minor described in subsection (4) of

19 Section 5-401 of this Act has been arrested or taken into

20 custody and the offense for which the minor was arrested or

21 taken into custody shall be disclosed to the Department of

22 Children and Family Services, the school district where the

23 minor resides, and the Department of Juvenile Justice.

24 (3) A minor who is the victim or alleged victim in a

25 juvenile proceeding shall be provided the same confidentiality

26 regarding disclosure of identity as the minor who is the

HB3756

- 37 -

LRB098 14641 RLC 49752 b

1 subject of record. Information identifying victims and alleged

2 victims of sex offenses, shall not be disclosed or open to

3 public inspection under any circumstances. Nothing in this

4 Section shall prohibit the victim or alleged victim of any sex

5 offense from voluntarily disclosing his or her identity.

6 (4) Relevant information, reports and records shall be made

7 available to the Department of Juvenile Justice when a juvenile

8 offender has been placed in the custody of the Department of

9 Juvenile Justice.

10 (5) Except as otherwise provided in this subsection (5),

11 juvenile court records shall not be made available to the

12 general public but may be inspected by representatives of

13 agencies, associations and news media or other properly

14 interested persons by general or special order of the court.

15 The State's Attorney, the minor, his or her parents, guardian

16 and counsel shall at all times have the right to examine court

17 files and records.

18 (a) The court shall allow the general public to have

19 access to the name, address, and offense of a minor who is

20 adjudicated a delinquent minor under this Act under either

21 of the following circumstances:

22 (i) The adjudication of delinquency was based upon

23 the minor's commission of first degree murder, attempt

24 to commit first degree murder, aggravated criminal

25 sexual assault, or criminal sexual assault; or

26 (ii) The court has made a finding that the minor

HB3756

- 38 -

LRB098 14641 RLC 49752 b

1 was at least 13 years of age at the time the act was

2 committed and the adjudication of delinquency was

3 based upon the minor's commission of: (A) an act in

4 furtherance of the commission of a felony as a member

5 of or on behalf of a criminal street gang, (B) an act

6 involving the use of a firearm in the commission of a

7 felony, (C) an act that would be a Class X felony

8 offense under or the minor's second or subsequent Class

9 2 or greater felony offense under the Cannabis Control

10 Act if committed by an adult, (D) an act that would be

11 a second or subsequent offense under Section 402 of the

12 Illinois Controlled Substances Act if committed by an

13 adult, (E) an act that would be an offense under

14 Section 401 of the Illinois Controlled Substances Act

15 if committed by an adult, or (F) an act that would be

16 an offense under the Methamphetamine Control and

17 Community Protection Act if committed by an adult.

18 (b) The court shall allow the general public to have

19 access to the name, address, and offense of a minor who is

20 at least 13 years of age at the time the offense is

21 committed and who is convicted, in criminal proceedings

22 permitted or required under Section 5-805, under either of

23 the following circumstances:

24 (i) The minor has been convicted of first degree

25 murder, attempt to commit first degree murder,

26 aggravated criminal sexual assault, or criminal sexual

HB3756

- 39 -

LRB098 14641 RLC 49752 b

1 assault,

2 (ii) The court has made a finding that the minor

3 was at least 13 years of age at the time the offense

4 was committed and the conviction was based upon the

5 minor's commission of: (A) an offense in furtherance of

6 the commission of a felony as a member of or on behalf

7 of a criminal street gang, (B) an offense involving the

8 use of a firearm in the commission of a felony, (C) a

9 Class X felony offense under the Cannabis Control Act

10 or a second or subsequent Class 2 or greater felony

11 offense under the Cannabis Control Act, (D) a second or

12 subsequent offense under Section 402 of the Illinois

13 Controlled Substances Act, (E) an offense under

14 Section 401 of the Illinois Controlled Substances Act,

15 or (F) an offense under the Methamphetamine Control and

16 Community Protection Act.

17 (6) Nothing in this Section shall be construed to limit the

18 use of a adjudication of delinquency as evidence in any

19 juvenile or criminal proceeding, where it would otherwise be

20 admissible under the rules of evidence, including but not

21 limited to, use as impeachment evidence against any witness,

22 including the minor if he or she testifies.

23 (7) Nothing in this Section shall affect the right of a

24 Civil Service Commission or appointing authority examining the

25 character and fitness of an applicant for a position as a law

26 enforcement officer to ascertain whether that applicant was

HB3756

- 40 -

LRB098 14641 RLC 49752 b

1 ever adjudicated to be a delinquent minor and, if so, to

2 examine the records or evidence which were made in proceedings

3 under this Act.

4 (8) Following any adjudication of delinquency for a crime

5 which would be a felony if committed by an adult, or following

6 any adjudication of delinquency for a violation of Section

7 24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the

8 Criminal Code of 2012, the State's Attorney shall ascertain

9 whether the minor respondent is enrolled in school and, if so,

10 shall provide a copy of the sentencing order to the principal

11 or chief administrative officer of the school. Access to such

12 juvenile records shall be limited to the principal or chief

13 administrative officer of the school and any guidance counselor

14 designated by him or her.

15 (9) Nothing contained in this Act prevents the sharing or

16 disclosure of information or records relating or pertaining to

17 juveniles subject to the provisions of the Serious Habitual

18 Offender Comprehensive Action Program when that information is

19 used to assist in the early identification and treatment of

20 habitual juvenile offenders.

21 (11) The Clerk of the Circuit Court shall report to the

22 Department of State Police, in the form and manner required by

23 the Department of State Police, the final disposition of each

24 minor who has been arrested or taken into custody before his or

25 her 18th birthday for those offenses required to be reported

26 under Section 5 of the Criminal Identification Act. Information

HB3756

- 41 -

LRB098 14641 RLC 49752 b

1 reported to the Department under this Section may be maintained

2 with records that the Department files under Section 2.1 of the

3 Criminal Identification Act.

4 (12) Information or records may be disclosed to the general

5 public when the court is conducting hearings under Section

6 5-805 or 5-810.

7 The changes made to this Section by this amendatory Act of

8 the 98th General Assembly apply to juvenile court records of a

9 minor who has been arrested or taken into custody on or after

10 the effective date of this amendatory Act.

11 (Source: P.A. 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14.)

12 Section 15. The Code of Criminal Procedure of 1963 is

13 amended by changing Section 107-2 as follows:

14 (725 ILCS 5/107-2) (from Ch. 38, par. 107-2)

15 Sec. 107-2. Arrest by Peace Officer.

16 (1) A peace officer may arrest a person when:

17 (a) He has a warrant commanding that such person be

18 arrested; or

19 (b) He has reasonable grounds to believe that a warrant

20 for the person's arrest has been issued in this State or in

21 another jurisdiction; or

22 (c) He has reasonable grounds to believe that the

23 person is committing or has committed an offense.

24 (2) Whenever a peace officer arrests a person, the officer

HB3756

- 42 -

LRB098 14641 RLC 49752 b

1 shall question the arrestee as to whether he or she has any

2 children under the age of 18 living with him or her who may be

3 neglected as a result of the arrest or otherwise. The peace

4 officer shall assist the arrestee in the placement of the

5 children with a relative or other responsible person designated

6 by the arrestee. If the peace officer has reasonable cause to

7 believe that a child may be a neglected child as defined in the

8 Abused and Neglected Child Reporting Act, he shall report it

9 immediately to the Department of Children and Family Services

10 as provided in that Act.

11 (3) A peace officer who executes a warrant of arrest in

12 good faith beyond the geographical limitation of the warrant

13 shall not be liable for false arrest.

14 (4) A law enforcement agency whose peace officer has

15 arrested or detained a person who was under 18 years of age at

16 the time of the offense and who is not in State custody, if the

17 arrest or detention is for an offense other than a minor

18 traffic violation, in which the law enforcement agency has kept

19 a record of that arrest or detention shall immediately notify

20 the Department of Children and Family Services. The Department

21 of Children and Family Services shall notify the school

22 district where the minor resides and the Department of Juvenile

23 Justice that the person has been arrested or detained for the

24 offense. For the purposes of this subsection (4), "minor

25 traffic offense" means a petty offense, business offense, or

26 Class C misdemeanor under the Illinois Vehicle Code or a

HB3756

- 43 -

LRB098 14641 RLC 49752 b

1 similar provision of a municipal or local ordinance.

2 (Source: P.A. 97-333, eff. 8-12-11.)