Bill Text: IL SB2369 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Department of Children and Family Services Act. Provides that the Department of Human Services and the Department of Children and Family Services shall require that all participants in the Comprehensive Community-Based Youth Services Network provide alternatives to detention for all youths age 10 through 12 who have been referred to a juvenile detention center and who cannot be returned to their homes and cannot be placed with an alternative family member except when: (1) the youth has a criminal history with multiple documented incidents of violence or injury to others; or (2) the youth is in a medical crisis and shall instead be transported to an emergency room. Amends the Child Care Act of 1969. Deletes provision that host homes licensed by the Department of Children and Family Services shall not be utilized for a child who is a youth in care as defined in the Children and Family Services Act. Provides that the Department of Children and Family Services and the Department of Human Services shall provide training and funding for the participants in the Comprehensive Community-Based Youth Services program that includes receiving youth ages 10 through 12 referred to them by police departments and juvenile detention facilities. Provides that any representative of a Comprehensive Community-Based Youth Services program who returns a youth to the parent's home without delivery of services as an alternative to detention, and communicates to that parent that the parent will be charged with abuse and neglect unless the parent unconditionally accepts the youth's return, shall be subject to the immediate suspension of any license for that representative and the program for which that representative is employed. Amends the Juvenile Court Act of 1987 to make conforming changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-10 - Rule 3-9(a) / Re-referred to Assignments [SB2369 Detail]

Download: Illinois-2023-SB2369-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2369 Introduced 2/10/2023, by Sen. Cristina Castro SYNOPSIS AS INTRODUCED:
20 ILCS 505/17 from Ch. 23, par. 5017
225 ILCS 10/3.6
705 ILCS 405/5-410
Amends the Department of Children and Family Services Act. Provides that the Department of Human Services and the Department of Children and Family Services shall require that all participants in the Comprehensive Community-Based Youth Services Network provide alternatives to detention for all youths age 10 through 12 who have been referred to a juvenile detention center and who cannot be returned to their homes and cannot be placed with an alternative family member except when: (1) the youth has a criminal history with multiple documented incidents of violence or injury to others; or (2) the youth is in a medical crisis and shall instead be transported to an emergency room. Amends the Child Care Act of 1969. Deletes provision that host homes licensed by the Department of Children and Family Services shall not be utilized for a child who is a youth in care as defined in the Children and Family Services Act. Provides that the Department of Children and Family Services and the Department of Human Services shall provide training and funding for the participants in the Comprehensive Community-Based Youth Services program that includes receiving youth ages 10 through 12 referred to them by police departments and juvenile detention facilities. Provides that any representative of a Comprehensive Community-Based Youth Services program who returns a youth to the parent's home without delivery of services as an alternative to detention, and communicates to that parent that the parent will be charged with abuse and neglect unless the parent unconditionally accept the youth's return, shall be subject to the immediate suspension of any license for that representative and the program for which that representative is employed. Amends the Juvenile Court Act of 1987 to make conforming changes.
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A BILL FOR
SB2369 LRB103 28383 RLC 54763 b
AN ACT concerning children.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Children and Family Services Act is amended
by changing Section 17 as follows:
(20 ILCS 505/17) (from Ch. 23, par. 5017)
Sec. 17. Youth and Community Services Program. The
Department of Human Services shall develop a State program for
youth and community services which will assure that youth who
come into contact or may come into contact with the child
welfare and the juvenile justice systems will have access to
needed community, prevention, diversion, emergency and
independent living services. The term "youth" means a person
under the age of 19 years. The term "homeless youth" means a
youth who cannot be reunited with his or her family and is not
in a safe and stable living situation. This Section shall not
be construed to require the Department of Human Services to
provide services under this Section to any homeless youth who
is at least 18 years of age but is younger than 19 years of
age; however, the Department may, in its discretion, provide
services under this Section to any such homeless youth.
(a) The goals of the program shall be to:
(1) maintain children and youths in their own

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community;
(2) eliminate unnecessary categorical funding of
programs by funding more comprehensive and integrated
programs;
(3) encourage local volunteers and voluntary
associations in developing programs aimed at preventing
and controlling juvenile delinquency;
(4) address voids in services and close service gaps;
(5) develop program models aimed at strengthening the
relationships between youth and their families and aimed
at developing healthy, independent lives for homeless
youth;
(6) contain costs by redirecting funding to more
comprehensive and integrated community-based services; and
(7) coordinate education, employment, training and
other programs for youths with other State agencies.
(b) The duties of the Department under the program shall
be to:
(1) design models for service delivery by local
communities;
(2) test alternative systems for delivering youth
services;
(3) develop standards necessary to achieve and
maintain, on a statewide basis, more comprehensive and
integrated community-based youth services;
(4) monitor and provide technical assistance to local

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boards and local service systems;
(5) assist local organizations in developing programs
which address the problems of youths and their families
through direct services, advocacy with institutions, and
improvement of local conditions; and
(6) develop a statewide adoption awareness campaign
aimed at pregnant teenagers.
(b) The Department of Human Services and the Department of
Children and Family Services shall require that all
participants in the Comprehensive Community-Based Youth
Services Network shall provide alternatives to detention for
all youths age 10 through 12 that have been referred to a
juvenile detention center, and who cannot be returned to their
home, and cannot be placed with an alternative family member,
except as follows:
(i) the youth has a criminal history with multiple
documented incidents of violence or injury to others; or
(ii) the youth is in a medical crisis and shall
instead be transported to an emergency room.
The Comprehensive Community-Based Youth Services Network
provider shall keep a record of all requests by police
departments and juvenile detention facilities and shall report
such requests and the disposition and outcome of such requests
to the Department of Children and Family Services on a monthly
basis. A copy of this monthly report shall be forwarded to the
Department of Human Services, the Illinois Juvenile Justice

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Commission, and the local probation department.
(Source: P.A. 89-507, eff. 7-1-97.)
Section 10. The Child Care Act of 1969 is amended by
changing Section 3.6 as follows:
(225 ILCS 10/3.6)
Sec. 3.6. Licenses for host homes.
(a) The Department shall develop an appropriate licensing
and monitoring system that recognizes the unique population
and programming for youth served by the Comprehensive
Community-Based Youth Services program. The Department shall
maintain licensing staff who are knowledgeable of
Comprehensive Community-Based Youth Services program
standards, as set forth by the Department of Human Services.
The Department of Human Services shall be solely responsible
for the development and implementation of a training
curriculum for host homes that recognizes the unique
population and programming of youth served in Comprehensive
Community-Based Youth Services. Host homes licensed by the
Department shall not be utilized for a child who is a youth in
care as defined in Section 4d of the Children and Family
Services Act.
(b) The Department and the Department of Human Services
shall provide training and funding for the participants in the
Comprehensive Community-Based Youth Services program that

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includes receiving youth ages 10 through 12 referred to them
by police departments and juvenile detention facilities.
(c) Any representative of a Comprehensive Community-Based
Youth services program who returns a youth to the parent's
home without delivery of services as an alternative to
detention, and communicates to that parent that the parent
will be charged with abuse and neglect unless the parent
unconditionally accept the youth's return, shall be subject to
the immediate suspension of any license under this Section for
that representative and the program for which that
representative is employed.
(Source: P.A. 102-688, eff. 7-1-22.)
Section 15. The Juvenile Court Act of 1987 is amended by
changing Section 5-410 as follows:
(705 ILCS 405/5-410)
Sec. 5-410. Non-secure custody or detention.
(1) Any minor arrested or taken into custody pursuant to
this Act who requires care away from his or her home but who
does not require physical restriction shall be given temporary
care in a foster family home or other shelter facility
designated by the court.
(2) (a) Any minor 10 years of age or older arrested
pursuant to this Act where there is probable cause to believe
that the minor is a delinquent minor and that (i) secure

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custody is a matter of immediate and urgent necessity for the
protection of the minor or of the person or property of
another, (ii) the minor is likely to flee the jurisdiction of
the court, or (iii) the minor was taken into custody under a
warrant, may be kept or detained in an authorized detention
facility. A minor under 13 years of age shall not be admitted,
kept, or detained in a detention facility unless a local youth
service provider, including a provider through the
Comprehensive Community-Based Youth Services network, has been
contacted and has not been able to accept the minor, if the
provider has complied with Section 17 of the Department of
Children and Family Services Act and Section 3.6 of the Child
Care Act of 1969. No minor under 12 years of age shall be
detained in a county jail or a municipal lockup for more than 6
hours.
(a-5) For a minor arrested or taken into custody for
vehicular hijacking or aggravated vehicular hijacking, a
previous finding of delinquency for vehicular hijacking or
aggravated vehicular hijacking shall be given greater weight
in determining whether secured custody of a minor is a matter
of immediate and urgent necessity for the protection of the
minor or of the person or property of another.
(b) The written authorization of the probation officer or
detention officer (or other public officer designated by the
court in a county having 3,000,000 or more inhabitants)
constitutes authority for the superintendent of any juvenile

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detention home to detain and keep a minor for up to 40 hours,
excluding Saturdays, Sundays, and court-designated holidays.
These records shall be available to the same persons and
pursuant to the same conditions as are law enforcement records
as provided in Section 5-905.
(b-4) The consultation required by paragraph (b-5) shall
not be applicable if the probation officer or detention
officer (or other public officer designated by the court in a
county having 3,000,000 or more inhabitants) utilizes a
scorable detention screening instrument, which has been
developed with input by the State's Attorney, to determine
whether a minor should be detained, however, paragraph (b-5)
shall still be applicable where no such screening instrument
is used or where the probation officer, detention officer (or
other public officer designated by the court in a county
having 3,000,000 or more inhabitants) deviates from the
screening instrument.
(b-5) Subject to the provisions of paragraph (b-4), if a
probation officer or detention officer (or other public
officer designated by the court in a county having 3,000,000
or more inhabitants) does not intend to detain a minor for an
offense which constitutes one of the following offenses he or
she shall consult with the State's Attorney's Office prior to
the release of the minor: first degree murder, second degree
murder, involuntary manslaughter, criminal sexual assault,
aggravated criminal sexual assault, aggravated battery with a

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firearm as described in Section 12-4.2 or subdivision (e)(1),
(e)(2), (e)(3), or (e)(4) of Section 12-3.05, aggravated or
heinous battery involving permanent disability or
disfigurement or great bodily harm, robbery, aggravated
robbery, armed robbery, vehicular hijacking, aggravated
vehicular hijacking, vehicular invasion, arson, aggravated
arson, kidnapping, aggravated kidnapping, home invasion,
burglary, or residential burglary.
(c) Except as otherwise provided in paragraph (a), (d), or
(e), no minor shall be detained in a county jail or municipal
lockup for more than 12 hours, unless the offense is a crime of
violence in which case the minor may be detained up to 24
hours. For the purpose of this paragraph, "crime of violence"
has the meaning ascribed to it in Section 1-10 of the
Alcoholism and Other Drug Abuse and Dependency Act.
(i) The period of detention is deemed to have begun
once the minor has been placed in a locked room or cell or
handcuffed to a stationary object in a building housing a
county jail or municipal lockup. Time spent transporting a
minor is not considered to be time in detention or secure
custody.
(ii) Any minor so confined shall be under periodic
supervision and shall not be permitted to come into or
remain in contact with adults in custody in the building.
(iii) Upon placement in secure custody in a jail or
lockup, the minor shall be informed of the purpose of the

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detention, the time it is expected to last and the fact
that it cannot exceed the time specified under this Act.
(iv) A log shall be kept which shows the offense which
is the basis for the detention, the reasons and
circumstances for the decision to detain, and the length
of time the minor was in detention.
(v) Violation of the time limit on detention in a
county jail or municipal lockup shall not, in and of
itself, render inadmissible evidence obtained as a result
of the violation of this time limit. Minors under 18 years
of age shall be kept separate from confined adults and may
not at any time be kept in the same cell, room, or yard
with adults confined pursuant to criminal law. Persons 18
years of age and older who have a petition of delinquency
filed against them may be confined in an adult detention
facility. In making a determination whether to confine a
person 18 years of age or older who has a petition of
delinquency filed against the person, these factors, among
other matters, shall be considered:
(A) the age of the person;
(B) any previous delinquent or criminal history of
the person;
(C) any previous abuse or neglect history of the
person; and
(D) any mental health or educational history of
the person, or both.

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(d) (i) If a minor 12 years of age or older is confined in
a county jail in a county with a population below 3,000,000
inhabitants, then the minor's confinement shall be implemented
in such a manner that there will be no contact by sight, sound,
or otherwise between the minor and adult prisoners. Minors 12
years of age or older must be kept separate from confined
adults and may not at any time be kept in the same cell, room,
or yard with confined adults. This paragraph (d)(i) shall only
apply to confinement pending an adjudicatory hearing and shall
not exceed 40 hours, excluding Saturdays, Sundays, and
court-designated holidays. To accept or hold minors during
this time period, county jails shall comply with all
monitoring standards adopted by the Department of Corrections
and training standards approved by the Illinois Law
Enforcement Training Standards Board.
(ii) To accept or hold minors, 12 years of age or older,
after the time period prescribed in paragraph (d)(i) of this
subsection (2) of this Section but not exceeding 7 days
including Saturdays, Sundays, and holidays pending an
adjudicatory hearing, county jails shall comply with all
temporary detention standards adopted by the Department of
Corrections and training standards approved by the Illinois
Law Enforcement Training Standards Board.
(iii) To accept or hold minors 12 years of age or older,
after the time period prescribed in paragraphs (d)(i) and
(d)(ii) of this subsection (2) of this Section, county jails

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shall comply with all county juvenile detention standards
adopted by the Department of Juvenile Justice.
(e) When a minor who is at least 15 years of age is
prosecuted under the criminal laws of this State, the court
may enter an order directing that the juvenile be confined in
the county jail. However, any juvenile confined in the county
jail under this provision shall be separated from adults who
are confined in the county jail in such a manner that there
will be no contact by sight, sound or otherwise between the
juvenile and adult prisoners.
(f) For purposes of appearing in a physical lineup, the
minor may be taken to a county jail or municipal lockup under
the direct and constant supervision of a juvenile police
officer. During such time as is necessary to conduct a lineup,
and while supervised by a juvenile police officer, the sight
and sound separation provisions shall not apply.
(g) For purposes of processing a minor, the minor may be
taken to a county jail or municipal lockup under the direct and
constant supervision of a law enforcement officer or
correctional officer. During such time as is necessary to
process the minor, and while supervised by a law enforcement
officer or correctional officer, the sight and sound
separation provisions shall not apply.
(3) If the probation officer or State's Attorney (or such
other public officer designated by the court in a county
having 3,000,000 or more inhabitants) determines that the

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minor may be a delinquent minor as described in subsection (3)
of Section 5-105, and should be retained in custody but does
not require physical restriction, the minor may be placed in
non-secure custody for up to 40 hours pending a detention
hearing.
(4) Any minor taken into temporary custody, not requiring
secure detention, may, however, be detained in the home of his
or her parent or guardian subject to such conditions as the
court may impose.
(5) The changes made to this Section by Public Act 98-61
apply to a minor who has been arrested or taken into custody on
or after January 1, 2014 (the effective date of Public Act
98-61).
(Source: P.A. 100-745, eff. 8-10-18; 101-81, eff. 7-12-19.)