Bill Text: IL HB1551 | 2019-2020 | 101st General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Children and Family Services Act. Provides that whenever a child is placed in the custody or guardianship of the Department of Children and Family Services or a child is returned to the custody of a parent or guardian and the court retains jurisdiction of the case, the Department must ensure that the child is up to date on his or her well-child visits, including age-appropriate immunizations, or that there is a documented religious or medical reason the child did not receive the immunizations. Provides that whenever a child has been placed in foster or substitute care by court order and the court later determines that the child can return to the custody of his or her parent or guardian, the Department must complete, prior to the child's discharge from foster or substitute care, a home safety checklist to ensure that the conditions of the child's home are sufficient to ensure the child's safety and well-being, as defined in Department rules and procedures. Provides that at a minimum, the home safety checklist shall be completed within 24 hours prior to the child's return home and completed again or recertified in the absence of any environmental barriers or hazards within 5 working days after a child is returned home and every month thereafter until the child's case is closed pursuant to the Juvenile Court Act of 1987. Provides that when a court determines that a child should return to the custody or guardianship of a parent or guardian, any aftercare services provided to the child and the child's family by the Department or a purchase of service agency shall commence on the date upon which the child is returned to the custody or guardianship of his or her parent or guardian. If multiple children are returned at different times to the custody or guardianship of the parent or guardian, requires aftercare services to commence on the date upon which the last child returns home. Amends the Abused and Neglected Child Reporting Act. Provides that when a report is made by a mandated reporter to the statewide toll-free telephone number established under the Act and there is a prior indicated report of abuse or neglect and a prior open service case involving any member of the household, the Department must, at a minimum, accept the report as a child welfare services referral. Requires a child protective services investigation if the family refuses to cooperate or refuses access to the home or children and if the facts otherwise meet the criteria to accept a report. Provides that beginning one year after the effective date of the amendatory Act, and every 2 years thereafter, the Auditor General shall conduct a performance and compliance audit of the Department of Children and Family Services to determine whether the Department is meeting the requirements under the amendatory Act. Provides that upon completion of each audit, the Auditor General shall report its findings to the General Assembly. Requires the Auditor General's report to include any issues or deficiencies and recommendations.

Spectrum: Moderate Partisan Bill (Democrat 8-1)

Status: (Passed) 2019-08-09 - Public Act . . . . . . . . . 101-0237 [HB1551 Detail]

Download: Illinois-2019-HB1551-Enrolled.html



HB1551 EnrolledLRB101 07904 SLF 52959 b
1 AN ACT concerning courts.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Children and Family Services Act is amended
5by adding Section 7.8 as follows:
6 (20 ILCS 505/7.8 new)
7 Sec. 7.8. Home safety checklist; aftercare services;
8immunization checks.
9 (a) As used in this Section, "purchase of service agency"
10means any entity that contracts with the Department to provide
11services that are consistent with the purposes of this Act.
12 (b) Whenever a child is placed in the custody or
13guardianship of the Department or a child is returned to the
14custody of a parent or guardian and the court retains
15jurisdiction of the case, the Department must ensure that the
16child is up to date on his or her well-child visits, including
17age-appropriate immunizations, or that there is a documented
18religious or medical reason the child did not receive the
19immunizations.
20 (c) Whenever a child has been placed in foster or
21substitute care by court order and the court later determines
22that the child can return to the custody of his or her parent
23or guardian, the Department must complete, prior to the child's

HB1551 Enrolled- 2 -LRB101 07904 SLF 52959 b
1discharge from foster or substitute care, a home safety
2checklist to ensure that the conditions of the child's home are
3sufficient to ensure the child's safety and well-being, as
4defined in Department rules and procedures. At a minimum, the
5home safety checklist shall be completed within 24 hours prior
6to the child's return home and completed again or recertified
7in the absence of any environmental barriers or hazards within
85 working days after a child is returned home and every month
9thereafter until the child's case is closed pursuant to the
10Juvenile Court Act of 1987. The home safety checklist shall
11include a certification that there are no environmental
12barriers or hazards to prevent returning the child home.
13 (d) When a court determines that a child should return to
14the custody or guardianship of a parent or guardian, any
15aftercare services provided to the child and the child's family
16by the Department or a purchase of service agency shall
17commence on the date upon which the child is returned to the
18custody or guardianship of his or her parent or guardian. If
19children are returned to the custody of a parent at different
20times, the Department or purchase of service agency shall
21provide a minimum of 6 months of aftercare services to each
22child commencing on the date each individual child is returned
23home.
24 (e) One year after the effective date of this amendatory
25Act of the 101st General Assembly, the Auditor General shall
26commence a performance audit of the Department of Children and

HB1551 Enrolled- 3 -LRB101 07904 SLF 52959 b
1Family Services to determine whether the Department is meeting
2the requirements of this Section. Within 2 years after the
3audit's release, the Auditor General shall commence a follow-up
4performance audit to determine whether the Department has
5implemented the recommendations contained in the initial
6performance audit. Upon completion of each audit, the Auditor
7General shall report its findings to the General Assembly. The
8Auditor General's reports shall include any issues or
9deficiencies and recommendations. The audits required by this
10Section shall be in accordance with and subject to the Illinois
11State Auditing Act.
12 Section 10. The Abused and Neglected Child Reporting Act is
13amended by adding Section 7.01 as follows:
14 (325 ILCS 5/7.01 new)
15 Sec. 7.01. Safety assessments for reports made by mandated
16reporters.
17 (a) When a report is made by a mandated reporter to the
18statewide toll-free telephone number established under Section
197.6 of this Act and there is a prior indicated report of abuse
20or neglect, or there is a prior open service case involving any
21member of the household, the Department must, at a minimum,
22accept the report as a child welfare services referral. If the
23family refuses to cooperate or refuses access to the home or
24children, then a child protective services investigation shall

HB1551 Enrolled- 4 -LRB101 07904 SLF 52959 b
1be initiated if the facts otherwise meet the criteria to accept
2a report.
3 As used in this Section, "child welfare services referral"
4means an assessment of the family for service needs and linkage
5to available local community resources for the purpose of
6preventing or remedying or assisting in the solution of
7problems which may result in the neglect, abuse, exploitation,
8or delinquency of children, and as further defined in
9Department rules and procedures.
10 As used in this Section, "prior open service case" means a
11case in which the Department has provided services to the
12family either directly or through a purchase of service agency.
13 (b) One year after the effective date of this amendatory
14Act of the 101st General Assembly, the Auditor General shall
15commence a performance audit of the Department of Children and
16Family Services to determine whether the Department is meeting
17the requirements of this Section. Within 2 years after the
18audit's release, the Auditor General shall commence a follow-up
19performance audit to determine whether the Department has
20implemented the recommendations contained in the initial
21performance audit. Upon completion of each audit, the Auditor
22General shall report its findings to the General Assembly. The
23Auditor General's reports shall include any issues or
24deficiencies and recommendations. The audits required by this
25Section shall be in accordance with and subject to the Illinois
26State Auditing Act.
feedback