Current Through April 2016

Circumstances That Constitute Witnessing

Citation: Comp. Stat. Ch. 720, §§ 5/12-0.1; 5/12-3.2  In criminal law: For purposes of this section:

• ‘Child’ means a person under 18 years of age who is the defendant’s or victim’s child or stepchild or who is a minor child residing within or visiting the household of the defendant or victim.
• ‘In the presence of a child’ means in the physical presence of a child or knowing or having reason to know that a child is present and may see or hear an act constituting an offense.

Consequences

Citation: Comp. Stat. Ch. 720 § 5/12-3.2  In addition to any other sentencing alternatives, a defendant who commits, in the presence of a child, a felony domestic battery, aggravated domestic battery, aggravated battery, unlawful restraint, or aggravated unlawful restraint against a family or household member shall be:

• Required to serve a mandatory minimum imprisonment of 10 days, perform 300 hours of community service, or both
• Liable for the cost of any counseling required for the child at the discretion of the court

Current Through February 2016

Physical Abuse

Citation: Comp. Stat. Ch. 325, § 5/3  ‘Abused child’ means a child whose parent, immediate family member, any person responsible for the child’s welfare, any individual residing in the same home as the child, or a paramour of the child’s parent:

• Inflicts, causes or allows to be inflicted, or creates a substantial risk of physical injury by other than accidental means that causes death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function
• Commits or allows to be committed an act or acts of torture upon the child
• Inflicts excessive corporal punishment
• Commits or allows to be committed the offense of female genital mutilation
• Causes a controlled substance to be sold, transferred, distributed, or given to the child under age 18, in violation of the Illinois Controlled Substances Act or Methamphetamine Control and Community Protection Act
• Commits or allows to be committed the offense of involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons, as defined in chapter 720, § 5/10-9, against the child

Neglect

Citation: Comp. Stat. Ch. 325, § 5/3  ‘Neglected child’ means any child who:

• Is not receiving proper or necessary nourishment or medically indicated treatment, including food or care, that is not provided solely on the basis of the present or anticipated mental or physical impairment as determined by a physician, or otherwise is not receiving the proper or necessary support or medical or other remedial care as necessary for a child’s well-being
• Is not receiving other care necessary for his or her well-being, including adequate food, clothing, and shelter
• Is subjected to an environment that is injurious insofar as:
  • The child’s environment creates a likelihood of harm to the child’s health, physical well-being, or welfare.
  • The likely harm to the child is the result of a blatant disregard of parent or caregiver responsibilities.
• Has been provided with interim crisis intervention services under chapter 705, § 405/3-5 and whose parent, guardian, or custodian refuses to permit the child to return home and no other living arrangement agreeable to the parent, guardian, or custodian can be made, and the parent, guardian, or custodian has not made any other appropriate living arrangement for the child
• Is a newborn infant whose blood, urine, or meconium contains any amount of a controlled substance or a metabolite thereof

Sexual Abuse/Exploitation

Citation: Comp. Stat. Ch. 325, § 5/3  The term ‘abused child’ includes a child whose parent, immediate family member, person responsible for the child’s welfare, individual residing in the same home as the child, or paramour of the child’s parent commits or allows to be committed any sex offense against the child, as such sex offenses are defined in the Criminal Code of 2012 [chapter 720, § 5/1-1, et seq.] or in the Wrongs to Children Act [chapter 720, § 150/0.01, et seq.], and extending those definitions of sex offenses to include children younger than age 18.

Emotional Abuse

Citation: Comp. Stat. Ch. 325, § 5/3  The term ‘abused child’ includes impairment or substantial risk of impairment to the child’s emotional health.

Abandonment

Citation: Comp. Stat. Ch. 325, § 5/3
The term ‘neglected child’ includes a child who is abandoned by his or her parents or other person responsible for the child’s welfare without a proper plan of care.

Standards for Reporting

Citation: Comp. Stat. Ch. 325, § 5/4
A report is required when a mandatory reporter has reasonable cause to believe a child known to them in their professional or official capacity may be an abused child or a neglected child.

Persons Responsible for the Child

Citation: Comp. Stat. Ch. 325, § 5/3  A ‘person responsible for the child’s welfare’ includes:

• The child’s parent, guardian, foster parent, or relative caregiver
• Any person responsible for the child’s welfare in a public or private residential agency or institution
• Any person responsible for the child’s welfare within a public or private profit or not-for-profit child care facility
• Any other person responsible for the child’s welfare at the time of the alleged abuse or neglect, including any person that is the custodian of a child under age 18 who commits or allows to be committed against the child the offense of involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons for forced labor or services, as provided in chapter 720, § 5/10-9
• A person who came to know the child through an official capacity or position of trust, including but not limited to health-care professionals, educational personnel, recreational supervisors, members of the clergy, and volunteers or support personnel in any setting where children may be subject to abuse or neglect

Exceptions

Citation: Comp. Stat. Ch. 325, § 5/3  A child shall not be considered abused or neglected if

• The child is a newborn who has been relinquished in accordance with the Abandoned Newborn Infant Protection Act.
• The presence of a controlled substance in a child or a newborn is the result of medical treatment.
• The child has been left in the care of an adult relative.
• The child’s parent relies on spiritual means through prayer for the treatment of disease.
• The child is not attending school as required by the School Act.

Current Through August 2013

Defined in Domestic Violence Civil Laws

Citation: Cons. Stat. Ch. 750, § 60/103  ‘Abuse’ means physical abuse, harassment, intimidation of a dependent, interference with personal liberty, or willful deprivation but does not include reasonable direction of a minor child by a parent or person in loco parentis.

‘Domestic violence’ means abuse, as above.

‘Harassment’ means knowing conduct that is not necessary to accomplish a purpose that is reasonable under the circumstances, would cause a reasonable person emotional distress, and does cause emotional distress to the petitioner. Unless the presumption is rebutted by a preponderance of the evidence, the following types of conduct shall be presumed to cause emotional distress:

• Creating a disturbance at the petitioner’s place of employment or school
• Repeatedly telephoning the petitioner’s place of employment, home, or residence
• Repeatedly following the petitioner about in a public place or places
• Repeatedly keeping the petitioner under surveillance by remaining present outside his or her home, school, place of employment, vehicle, or other place occupied by the petitioner or by peering in the petitioner’s windows
• Improperly concealing a minor child from the petitioner, repeatedly threatening to improperly remove a minor child of the petitioner, repeatedly threatening to conceal a minor child from the petitioner, or making a single such threat following an actual or attempted improper removal or concealment, unless respondent was fleeing an incident or pattern of domestic violence
• Threatening physical force, confinement, or restraint on one or more occasions

‘Interference with personal liberty’ means committing or threatening physical abuse, harassment, intimidation, or willful deprivation so as to compel another to engage in conduct from which he or she has a right to abstain or to refrain from conduct in which he or she has a right to engage.

Defined in Child Abuse Reporting and Child Protection Laws

Citation:This issue is not addressed in the statutes reviewed.

Defined in Criminal Laws

Citation: Cons. Stat. Ch. 720, §§ 5/12-3.2 & 3.3; Ch. 725, § 5/112A-3  A person commits ‘domestic battery’ if he or she intentionally or knowingly without legal justification by any means:

• Causes bodily harm to any family or household member
• Makes physical contact of an insulting or provoking nature with any family or household member

A person who, in committing a domestic battery, intentionally or knowingly causes great bodily harm or permanent disability or disfigurement commits aggravated domestic battery. A person who, in committing a domestic battery, strangles another individual commits aggravated domestic battery. For the purposes of this subsection, ‘strangle’ means intentionally impeding the normal breathing or circulation of the blood of an individual by applying pressure on the throat or neck of that individual or by blocking the nose or mouth of that individual.

‘Abuse,’ ‘domestic violence,’ and ‘harassment’ have the same meaning as defined in chapter 750, § 60/103, above.

Persons Included in the Definition

Citation: Cons. Stat. Ch. 750, § 60/103; Ch. 725, § 5/112  A-3  In civil and criminal law: ‘Family or household members’ include:

• Spouses, former spouses, parents, children, stepchildren, and other persons related by blood or by present or prior marriage
• Persons who share or formerly shared a common dwelling
• Persons who have or allegedly have a child in common
• Persons who share or allegedly share a blood relationship through a child
• Persons who have or have had a dating or engagement relationship
• Persons with disabilities and their personal assistants
• Caregivers, as defined in chapter 720, § 5/12-21 or § 5/12-4.4a

For purposes of this paragraph, neither a casual acquaintanceship nor ordinary fraternization between two individuals in business or social contexts shall be deemed to constitute a dating relationship.

Current Through March 2015

Citation: Comp. Stat. Ch. 325, § 5/9

Any person, institution, or agency that, under the reporting laws, participates in good faith in making a report or referral; the investigation of such a report or referral; taking photographs and x-rays; retaining a child in temporary protective custody; or making a disclosure of information concerning reports of child abuse and neglect in compliance with chapter 325, §§ 5/4, 5/4.2, or 5/11.1, as it relates to disclosure by school personnel–and except in cases of willful or wanton misconduct–shall have immunity from any liability, civil or criminal, that otherwise might result by reason of such actions.

For the purpose of any proceedings, civil or criminal, the good faith of any persons required to report or refer, or who are permitted to report, cases of suspected child abuse or neglect shall be presumed. For purposes of this section ‘child abuse and neglect’ includes abuse or neglect of an adult resident as defined in this act.

Current Through February 2013

Individual Responsibility to Report

Citation: Cons. Stat. Ch. 325, § 5/4; 5/4.5; 5/7  Any mandated reporter who has reasonable cause to believe a child known to them in their professional or official capacity may be an abused or neglected child shall immediately report or cause a report to be made to the Department of Children and Family Services.

If an electronic and information technology equipment worker discovers any depiction of child pornography while installing, repairing, or otherwise servicing an item of electronic and information technology equipment, that worker or the worker’s employer shall immediately report the discovery to the local law enforcement agency or to the Cyber Tipline at the National Center for Missing and Exploited Children.

All reports by mandated reporters shall be confirmed in writing to the appropriate child protective service unit, which may be on forms supplied by the department, within 48 hours of any initial report.

Written confirmation reports from persons not required to report may be made to the appropriate child protective service unit.

Content of Reports

Citation: Cons. Stat. Ch. 325, §§ 5/7; 5/9  The initial oral report shall include, if known:

• The name and address of the child and his or her parents or other persons having custody
• The child’s age
• The nature of the child’s condition including any evidence of previous injuries or disabilities
• Any other information that the person filing the report believes might be helpful in establishing the cause of the abuse or neglect and the identity of the person believed to have caused the abuse or neglect

Initial written reports from the reporting source shall contain the following information to the extent known at the time the report is made:

• The names and addresses of the child and his or her parents or other persons responsible for his or her welfare
• The name and address of the school that the child attends or last attended, if the report is written during the summer when school is not in session
• The name of the school district in which the school is located, if applicable
• The child’s age, sex, and race
• The nature and extent of the child’s abuse or neglect, including any evidence of prior injuries, abuse, or neglect of the child or his or her siblings
• The names of the persons apparently responsible for the abuse or neglect
• Family composition, including names, ages, sexes, and races of other children in the home
• The name of the person making the report, his or her occupation, and where he or she can be reached
• The actions taken by the reporting source, including the taking of photographs and x-rays, placing the child in temporary protective custody, or notifying the medical examiner or coroner
• Any other information the person making the report believes might be helpful

Reporting Suspicious Deaths

Citation: Cons. Stat. Ch. 325, § 5/4.1  A mandated reporter or any other person who has reasonable cause to believe that a child has died as a result of abuse or neglect shall report to the appropriate medical examiner.

The medical examiner or coroner shall investigate the report and communicate any apparent gross findings orally, immediately upon completion of the gross autopsy, but in all cases within 72 hours, and within 21 days in writing, to the local law enforcement agency, the appropriate State’s attorney, the department, and, if the institution making the report is a hospital, the hospital.

Reporting Substance-Exposed Infants

Citation: Cons. Stat. Ch. 325, § 5/7.3b  All mandated reporters may refer to the department any pregnant person who is addicted as defined in the Alcoholism and Other Drug Abuse and Dependency Act.

Agency Receiving the Reports

Citation: Cons. Stat. Ch. 325, § 5/7  All reports of suspected child abuse or neglect shall be made immediately by telephone to the central register on the single, state-wide, toll-free telephone number; in person or by telephone through the nearest department office.

Initial Screening Decisions

Citation: Admin. Code Tit. 89, § 300.100  When a report of child abuse or neglect is received, the department shall make an initial investigation to validate whether there is reasonable cause to believe that child abuse or neglect exists. When investigative staff make a determination that there is reasonable cause to believe that child abuse or neglect exists, a formal investigation shall be made.

Investigative staff will use the following criteria to determine whether there is a good faith indication to believe that abuse or neglect exists:

• The alleged victim must be younger than age 18.
• The alleged victim must either have been harmed or be in substantial risk of harm.
• There must be an abusive or neglectful incident or set of circumstances that caused the alleged harm or substantial risk of harm to the child.
• For abuse, the alleged perpetrator must be the child’s parent, foster parent, guardian, immediate family member, any individual who resides in the same house as the child, the paramour of the child’s parent, or any person responsible for the child’s welfare at the time of the alleged abuse.
• For neglect, the alleged perpetrator must be the child’s parent, guardian, foster parent, or any person responsible for the child’s welfare at the time of the alleged neglect.

If any one of the above criteria is not present, a determination will be made that the report does not provide a good faith indication that child abuse or neglect exists, and the investigation will be terminated. If the above criteria are present, investigative staff will begin a formal investigation.

Agency Conducting the Assessment/Investigation

Citation: Cons. Stat. Ch. 325, § 5/7.3  The department shall be the sole agency responsible for receiving and investigating reports of child abuse or neglect, except where investigations by other agencies may be required with respect to reports alleging the death, serious injury, or sexual abuse to a child.

The department may delegate the performance of the investigation to the Department of State Police, a law enforcement agency, and to those private social service agencies that have been designated for this purpose by the department prior to July 1, 1980.

Notwithstanding any other provision of this act, the department shall adopt rules expressly allowing law enforcement personnel to investigate reports of suspected child abuse or neglect concurrently with the department, without regard to whether the department determines a report to be ‘indicated’ or ‘unfounded’ or deems a report to be ‘undetermined.’

Assessment/Investigation Procedures

Citation: Cons. Stat. Ch. 325, § 5/7.4  Beginning January 1, 2010, the department may implement a ‘differential response program’ in which the department, upon receiving a report, shall determine whether to conduct a family assessment or an investigation as appropriate to prevent or provide a remedy for child abuse or neglect.

A ‘family assessment’ is a comprehensive assessment of child safety, risk of subsequent child maltreatment, and family strengths and needs that is applied to a child maltreatment report that does not allege substantial child endangerment. A family assessment does not include a determination as to whether child maltreatment occurred but does determine the need for services to address the safety of family members and the risk of subsequent maltreatment.

An ‘investigation’ includes fact-gathering related to the current safety of a child and the risk of subsequent abuse or neglect that determines whether a report of suspected child abuse or neglect should be indicated or unfounded and whether child protective services are needed.

Under the differential response program, the department:

• Shall conduct an investigation on reports involving substantial child abuse or neglect
• Shall begin an immediate investigation if, at any time during a family assessment, it determines that there is reason to believe that substantial child abuse or neglect or a serious threat to the child’s safety exists
• May conduct a family assessment for reports that do not allege substantial child endangerment
• May conduct a family assessment on a report that was initially screened and assigned for an investigation

Once it is determined that a family assessment will be implemented, the case shall not be reported to the central register.

Timeframes for Completing Investigations

Citation: Cons. Stat. Ch. 325, §§ 5/7.4; 5/7.12  If it appears that the immediate safety or well-being of a child is endangered, that the family may flee, or the child may disappear, child protection services (CPS) shall commence an investigation immediately, regardless of the time of day or night. In all other cases, an investigation shall begin within 24 hours.

The CPS unit shall determine, within 60 days, whether the report is indicated or unfounded and report it forthwith to the central register. When it is not possible to initiate or complete an investigation within 60 days, the report may be deemed undetermined provided every effort has been made to undertake a complete investigation. The department may extend the period in which such determinations must be made in individual cases for additional periods of up to 30 days each for good cause shown.

Classification of Reports

Citation: Cons. Stat. Ch. 325, § 5/7.14; Admin. Code Tit. 89, § 300.110  All reports in the central register shall be classified in one of three categories: ‘indicated,’ ‘unfounded,’ or ‘undetermined,’ as the case may be.

In regulation: Upon completion of a formal investigation of abuse or neglect, investigative staff shall make a final determination as to whether a child was abused or neglected. Allegations may be determined to be indicated, undetermined, or unfounded, as follows:

• When credible evidence of abuse or neglect has been obtained pertinent to an allegation, the allegation is indicated.
• When credible evidence of abuse or neglect has not been obtained, the allegation is unfounded.
• When investigative staff have been unable, for good cause, to gather sufficient facts to support a decision within 60 days of the date the report was received, the allegation shall be considered undetermined.

Current Through April 2015

Citation: Comp. Stat. Ch. 705, § 405/2-3(1)(c)  Those who are neglected include any newborn infant whose blood, urine, or meconium contains any amount of a controlled substance as defined in § 102(f) of the Illinois Controlled Substances Act, or a metabolite of a controlled substance, with the exception of controlled substances or metabolites of such substances that are present in the newborn infant as the result of medical treatment administered to the mother or the newborn infant.

Citation: Comp. Stat. Ch. 720, § 646/50Methamphetamine-related child endangerment: It is unlawful to engage in methamphetamine-related child endangerment. A person engages in methamphetamine-related child endangerment when the person knowingly endangers the life and health of a child by exposing or allowing exposure of the child to a methamphetamine-manufacturing environment. A person who violates this paragraph is guilty of a Class 2 felony.

Aggravated methamphetamine-related child endangerment: It is unlawful to engage in aggravated methamphetamine-related child endangerment. A person engages in aggravated methamphetamine-related child endangerment when the person [commits methamphetamine-related child endangerment] and the child experiences death, great bodily harm, disability, or disfigurement as a result of the methamphetamine-related child endangerment. A person who violates this paragraph is guilty of a Class X felony, subject to a term of imprisonment of not less than 6 years and not more than 30 years, and subject to a fine not to exceed $100,000.

Citation: Comp. Stat. Ch. 325, § 5/7.3b  All persons required to report may refer to the Department of Human Services any pregnant person in this State who is addicted as defined in the Alcoholism and Other Drug Abuse and Dependency Act.

The Department of Human Services shall notify the local Infant Mortality Reduction Network service provider or department-funded prenatal care provider in the area in which the person resides. The service provider shall prepare a case management plan and assist the pregnant woman in obtaining counseling and treatment from a local substance abuse service provider licensed by the Department of Human Services or a licensed hospital that provides substance abuse treatment services. The local Infant Mortality Reduction Network service provider and department-funded prenatal care provider shall monitor the pregnant woman through the service program.

Citation: Comp. Stat. Ch. 325, § 5/3  ‘Abused child’ means a child whose parent, immediate family member, any person responsible for the child’s welfare, any individual residing in the same home as the child, or a paramour of the child’s parent causes to be sold, transferred, distributed, or given to such child under age 18 a controlled substance, as defined by law, or in violation of the Methamphetamine Control and Community Protection Act, except for controlled substances that are prescribed in accordance with the Illinois Controlled Substances Act and are dispensed to such child in a manner that substantially complies with the prescription.

‘Neglected child’ means any child who is not receiving the proper or necessary nourishment or medically indicated treatment, including food or care not provided, solely on the basis of the present or anticipated mental or physical impairment as determined by a physician acting alone or in consultation with other physicians, who otherwise is not receiving the proper or necessary support, medical care, or other remedial care recognized under State law as necessary for a child’s well-being, or other care necessary for his or her well-being, including adequate food, clothing, and shelter; or who is abandoned by his or her parents or other person responsible for the child’s welfare without a proper plan of care; or who is a newborn infant whose blood, urine, or meconium contains any amount of a controlled substance as defined in the Illinois Controlled Substances Act or a metabolite thereof.

Current Through August 2014

Making The Appointment

Citation: Comp. Law Ch. 705, §§ 405/2-17; 405/1-5  Immediately upon the filing of a petition alleging that the child is an abused, neglected, or dependent minor, the court shall appoint a guardian ad litem (GAL) for the child.

The court may appoint a GAL for the child when it finds that there may be a conflict of interest between the child and his or her parents or other custodian or that it is otherwise in the child’s best interests to do so.

A GAL shall be appointed to represent the best interests of the child. Unless the GAL is an attorney, he or she shall be represented in the performance of his or her duties by counsel.

If a GAL has been appointed for the minor under § 2-17 of this act, and the GAL is a licensed attorney of this State, or in the event that a court-appointed special advocate (CASA) has been appointed as GAL and counsel has been appointed to represent the CASA, the court may not require the appointment of counsel to represent the minor unless the court finds that the minor’s interests are in conflict with what the GAL determines to be in the best interests of the minor.

The Use of Court-Appointed Special Advocates (CASAs)

Citation: Comp. Law Ch. 705, § 405/2-17.1  The court may appoint a special advocate upon the filing of a petition alleging child abuse or neglect or at any time during the pendency of a proceeding resulting from this petition. Except in counties with a population over 3 million, the CASA may also serve as GAL.

The CASA shall act as a monitor and shall be notified of all administrative case reviews pertaining to the child and work with the parties’ attorneys, the GAL, and others assigned to the child’s case to protect the child’s health, safety, and best interests and ensure the proper delivery of child welfare services. The court may consider, at its discretion, testimony of the CASA pertaining to the well-being of the child.

CASAs shall serve as volunteers without compensation and shall receive training consistent with nationally developed standards. No person convicted of a criminal offense as specified in Section 4.2 of the Child Care Act of 1969 [225 ILCS 10/4.2] and no person identified as a perpetrator of an act of child abuse or neglect as reflected in the Department of Children and Family Services State Central Register shall serve as a CASA.

The court may remove the CASA or the GAL from a case upon finding that the CASA or the GAL has acted in a manner contrary to the child’s best interests or if the court otherwise deems continued service is unwanted or unnecessary.

Qualifications/Training

Citation: Comp. Law Ch. 705, § 405/2-17  In counties with a population of 100,000 or more but less than 3 million, each GAL must successfully complete a training program approved by the Department of Children and Family Services. The department shall provide training materials and documents to GALs who are not mandated to attend the training program.

The department shall develop and distribute to all GALs a bibliography containing information, including, but not limited, to the juvenile court process, termination of parental rights, child development, medical aspects of child abuse, and the child’s need for safety and permanence.

Specific Duties

Citation: Comp. Law Ch. 705, § 405/2-17  The GAL shall represent the best interests of the minor and shall present recommendations to the court consistent with that duty.

The GAL shall receive copies of any and all classified reports of child abuse and neglect about the child he or she has been appointed to represent.

The GAL shall remain the child’s GAL throughout the entire juvenile trial court proceedings, including permanency hearings and termination of parental rights proceedings, unless there is a substitution entered by order of the court.

The GAL or an agent of the GAL shall have a minimum of one in-person contact with the child and one contact with one of the current foster parents or caregivers, as follows:

• Prior to the adjudicatory hearing
• After the adjudicatory hearing but prior to the first permanency hearing
• Each subsequent year that the child remains in care

For good cause shown, the judge may excuse face-to-face interviews required in this subsection.

How the Representative Is Compensated

Citation: Comp. Law Ch. 705, §§ 405/2-17; 405/2-17.1  The reasonable fees of a GAL shall be fixed by the court and charged to the parents of the child to the extent they are able to pay. If the parents are unable to pay those fees, they shall be paid from the general fund of the county.

All costs associated with the appointment and duties of the CASA shall be paid by the CASA or an organization of CASAs. In no event shall the CASA be liable for any costs of services provided to the child.

Current Through April 2014

When Case Plans Are Required

Citation: Comp. Stat. Ch. 705 § 405/2-10.1; Admin. Code Tit. 89, § 315.80  Whenever a minor is placed in shelter care with the Department of Children and Family Services or a licensed child welfare agency, the department or agency, as appropriate, shall prepare and file with the court, within 45 days of placement, a case plan that complies with the Federal Adoption Assistance and Child Welfare Act of 1980 and is consistent with the health, safety, and best interests of the minor.

In regulation: The permanency planning process begins when the first contact is made with the child and family. The permanency planning process continues until the health and safety of the child are ensured and department-funded services terminated.

Who May Participate in the Case Planning Process

Citation: Admin. Code Tit. 89, § 315.130  Based on the information gathered during the assessment process described in § 315.100 and through negotiation during the caseworker’s contacts, visits, and at the initial family meeting, the caseworker and family shall develop a plan of intervention that is based on the family’s strengths and needs and that addresses how the children’s needs for health and safety will be met.

Contents of a Case Plan

Admin. Code Tit. 89, § 315.130  Service plans shall contain the following information:

• The names of the children for whom the department is providing services
• The health and safety factors that have resulted in placement of the children away from the family home and the problems that are causing continued placement
• The outcomes that would be considered a resolution to these problems and the strengths the family possesses to achieve those outcomes
• The reasons the child has been put in his or her current placement, the resources that will be necessary to maintain the placement, and, where a residential placement has been deemed necessary, a description of how and when a plan for moving the child to the least restrictive, most homelike placement can be developed
• The services to be provided to the parents, to each child while in care, and to the foster parents, if necessary, when the child is in foster care that may best resolve the problems
• The health care to be provided to the child and the mental health care to be provided to address the child’s serious mental health needs as well as a description of the child’s physical, developmental, educational, or mental disability and any noneducational specialized services the child is receiving or should receive for each disability
• To the extent available and accessible, the health records of the child
• A description of the educational program/services the child is receiving or needs to receive
• To the extent available and accessible, the education records of the child
• Who will provide the services, how often they will be provided, and an explanation of why these services will meet the needs of the child
• If the child is placed more than 150 miles from the home of the parents or in a different State, the reasons why the placement is in the best interests of the child
• If the child is placed in a different State, a requirement that the child be visited no less frequently than every 12 months by a caseworker of the department or of the State in which the child has been placed, and that the caseworker submit a report on the visit to the department
• If siblings are placed apart from one another, the reasons why they are placed apart and what efforts are being made to find a joint placement for the sibling group
• The permanency goal for each child and the reason for selecting the goal
• In the case of a child for whom the permanency plan is adoption or other permanent living arrangement, documentation of the steps the department is taking to find an adoptive family or other permanent living arrangement
• In the case of a child for whom the permanency plan is independence or for a child age 16 or older, as appropriate, a written description of the programs and services that will help such a child prepare for the transition from foster care to independent living
• The responsibilities of the family and the child in fulfilling the service plan
• The responsibilities of the department and service providers to assist the family in fulfilling the service plan
• When children and families are separated, the parent-child and/or sibling visitation plan developed with the family, including the time, frequency, and length of visits, and who shall be present at the visits
• The timeframes for achieving the permanency goal, the objectives identified to resolve problems, and the consequences to the child and family if the timeframes are not met
• A statement that the parents or children may disagree with the service plan and that they may have their disagreement recorded
• An explanation of how parents or children may request an appeal and fair hearing

Current Through January 2016

Schedule of Hearings

Citation: Cons. Stat. Tit. 705, § 405/2-28; Admin. Code Tit. 89, § 316.40  A permanency hearing shall be held:

• Within 12 months from the date temporary custody was taken, regardless of whether an adjudication or dispositional hearing has been completed within that timeframe
• Within 30 days of termination of parental rights or a determination that reasonable efforts are not required

Subsequent permanency hearings are to be held every 6 months until permanency is achieved.

In regulation: The first administrative case review shall be conducted within 6 months after the temporary custody hearing. Following the 6-month administrative case review, administrative case reviews shall be conducted every 6 months.

Persons Entitled to Attend Hearings

Citation: Cons. Stat. Tit. 705, § 405/2-28; Admin. Code Tit 89, § 316.50  The following persons must be present at a hearing:

• The child’s parent, guardian, or legal custodian
• All parties named in a petition
• The caseworker, who must testify

In regulation: Administrative case reviews shall include the worker and/or supervisor from the Department of Children and Family Services and/or the substitute care provider agency that has case responsibility for both the children and the family. The hearing shall be open to the participation of:

• The children’s parents and their representatives
• Children who are age 12 or older
• Children younger than age 12 if the caseworker and supervisor determine that the child can benefit from participation in the review process
• Foster parents or relative caregivers if the information being presented at the review is essential for understanding the needs of and providing care to the child
• The child’s guardian ad litem or legal representative

Determinations Made at Hearings

Citation: Cons. Stat. Tit. 705, § 405/2-28; Admin. Code Tit. 89, § 316.30  The court shall consider:

• The permanency goal contained in the service plan
• Appropriateness of services in the plan and whether those services have been provided
• Whether reasonable efforts have been made by all parties
• Whether the plan and goal have been achieved

In regulation: Case reviews are conducted to review:

• Whether the department’s continuing intervention is necessary
• Whether services, including placement services, are necessary, relevant, coordinated, and appropriate
• The services needed that are not being provided to the child, family, or foster parents and the reasons why they are not being provided
• The appropriateness of the child’s educational placement and progress
• Health information on the child and family
• Any special physical, psychological, educational, medical, emotional, or other needs of the minor or his or her family
• For a minor age 16 or older, programs or services that will enable the minor to prepare for independent living
• Whether the department, service providers, family, any substitute care provider, and the child are complying with the service plan and, if they are not complying, whether changes in the service plan or goals are needed
• Whether there is progress to resolve the problems of the child and his or her family, and whether the progress is satisfactory and the child can safely return home
• The appropriateness of the permanency goal and recommend changes in the goal, if needed

Permanency Options

Citation: Cons. Stat. Tit. 705, § 405/2-28  The court may consider the following permanency goals:

• Return to the parent within a specified time
• Adoption
• Guardianship
• Remaining in substitute care pending independence for minors age 15 and older
• Remaining in substitute care because a home environment is unsuitable due to developmental disability or mental illness

Notwithstanding any other provision in this section, the court may select the goal of continuing foster care as a permanency goal if:

• The department has custody and guardianship of the minor.
• The court has ruled out all other permanency goals based on the child’s best interests.
• The court has found compelling reasons to place the minor in continuing foster care. Compelling reasons include:
  • The child does not wish to be adopted or to be placed in the guardianship of his or her relative or foster care placement.
  • The child exhibits such an extreme level of need that the removal of the child from his or her placement would be detrimental to the child.
  • The child who is the subject of the permanency hearing has existing close and strong bonds with a sibling, and achievement of another permanency goal would substantially interfere with the child’s sibling relationship, taking into consideration the nature and extent of the relationship, and whether ongoing contact is in the child’s best interests, including long-term emotional interests, as compared with the legal and emotional benefit of permanence.
• The child has lived with the relative or foster parent for at least 1 year.
• The relative or foster parent currently caring for the child is willing and capable of providing the child with a stable and permanent environment.

Current Through March 2016

Citation: Comp. Stat. Ch. 705, § 405/1-3(4.05)  Whenever a ‘best interests’ determination is required, the following factors shall be considered in the context of the child’s age and developmental needs:

• The physical safety and welfare of the child, including food, shelter, health, and clothing
• The development of the child’s identity
• The child’s background and ties, including familial, cultural, and religious
• The child’s sense of attachments, including:
  • Where the child actually feels love, attachment, and a sense of being valued (as opposed to where adults believe the child should feel love, attachment, and a sense of being valued)
  • The child’s sense of security
  • The child’s sense of familiarity
  • Continuity of affection for the child
  • The least disruptive placement alternative for the child
• The child’s wishes and long-term goals
• The child’s community ties, including church, school, and friends
• The child’s need for permanence, which includes the child’s need for stability and continuity of relationships with parent figures, siblings, and other relatives
• The uniqueness of every family and child
• The risks attendant to entering and being in substitute care
• The preferences of the persons available to care for the child

Current Through January 2013

Circumstances That Are Grounds for Termination of Parental Rights

Citation: Comp. Stat. Ch. 705, § 405/1-2; Ch 750, § 50/1  Provided that a ground for unfitness under Ch. 750, § 50/1 can be met, it may be appropriate to expedite termination of parental rights:

• When reasonable efforts are inappropriate, or have been provided and were unsuccessful, and there are aggravating circumstances including, but not limited to, those cases in which:
  • The child or another child of that child’s parent was abandoned, tortured, or chronically abused.
  • The parent is criminally convicted of first- or second-degree murder of any child, attempt or conspiracy to commit first- of second-degree murder of any child, solicitation to commit murder of any child, aggravated assault, or aggravated criminal sexual assault.
• When the parental rights of a parent with respect to another child have been involuntarily terminated
• When the parent’s incapacity to care for the child, combined with an extremely poor prognosis for treatment or rehabilitation, justifies expedited termination of parental rights

The grounds of unfitness are any one or more of the following:

• The parent has abandoned the child.
• The parent is unable to discharge his or her parental duties due to:
  • Mental illness, mental deficiency, or intellectual disability
  • A conviction and incarceration for a felony
• The parent has substantially and continuously or repeatedly neglected the child.
• The parent has been found, two or more times, to have physically abused any child, or to have caused the death of any child by physical abuse.
• The child was born exposed to controlled substances, and a substance-exposed child was previously born to the same mother.
• The parent has repeatedly and continuously failed to provide the child with adequate food, clothing, and shelter, although financially able to do so.
• The parent has failed to maintain regular visitation, contact, or communication with the child for a period of 12 months.
• A putative father has failed to establish paternity.
• The child has been in foster care for 15 of the most recent 22 months.

Circumstances That Are Exceptions to Termination of Parental Rights

Citation: Comp. Stat. Ch. 750, § 50/1  A petition will be filed when the child has been in foster care for 15 of the most recent 22 months unless the parent can prove by a preponderance of evidence that it is more likely than not that the child will be returned to the parent within 6 months.

A petition to terminate parental rights will be filed when there are grounds unless:

• The child is being cared for by a relative.
• The Department of Children and Family Services has documented a compelling reason that filing such petition will not be in the best interests of the child.
• The court has found that the department has failed to make reasonable efforts to reunify the child and family.

Circumstances Allowing Reinstatement of Parental Rights

Citation: Comp. Stat. Ch. 705, § 405/2-34  A motion to reinstate parental rights may be filed only by the department regarding any child who is presently a ward of the court when all the following conditions are met:

• The child’s parent consented to the child’s adoption or the parent’s rights were terminated pursuant to a finding of unfitness.
• Subsequent to that, the child has remained a ward of the court.
• The child is not currently in a placement likely to achieve permanency.
• It is in the child’s best interests that parental rights be reinstated.
• The parent named in the motion wishes parental rights to be reinstated and is currently appropriate to have rights reinstated.
• More than 3 years have lapsed since the parent’s parental rights have been terminated.
• The child is age 13 or older, or the younger sibling of a child who is age 13 or older for whom reinstatement of parental rights is being sought, and the younger sibling independently meets the above criteria.
• If the court has previously denied a motion to reinstate parental rights, there has been a substantial change in circumstances following the denial of the earlier motion.

Any party may file a motion to dismiss the motion with prejudice on the basis that, after parental rights were terminated, the parent has intentionally acted to prevent the child from being adopted or intentionally acted to disrupt the child’s adoption.

The court shall not grant a motion for reinstatement of parental rights unless the court finds that the motion is supported by clear and convincing evidence. The court shall consider the reasons why the child was initially brought to the attention of the court, the history of the child’s case as it relates to the parent seeking reinstatement, and the current circumstances of the parent for whom reinstatement of rights is sought.

Current Through February 2013

Infant’s Age

Citation: Comp. Stat. Ch. 325, § 2/10

A newborn infant may be relinquished under this act. The term ‘newborn infant’ means a child who a licensed physician reasonably believes is 30 days old or younger at the time the child is initially relinquished and who is not an abused or a neglected child.

Who May Relinquish the Infant

Citation: Comp. Stat. Ch. 325, § 2/10

The term ‘relinquish’ means to bring a newborn infant to a designated facility and to leave the infant with personnel of the facility, if the person leaving the infant does not express an intent to return for the infant or states that he or she will not return for the infant.

In the case of a mother who gives birth to an infant in a hospital, the mother’s act of leaving that newborn infant at the hospital without expressing an intent to return for the infant or stating that she will not return for the infant is not a relinquishment under this act.

Who May Receive the Infant

Citation: Comp. Stat. Ch. 325, § 2/10

A newborn infant may be relinquished to a hospital; police station, including a municipal police station, a county sheriff’s office, a campus police department located on any college or university, or any of the district headquarters of the Illinois State Police; fire station; or emergency medical facility.

Responsibilities of the Safe Haven Provider

Citation: Comp. Stat. Ch. 325, §§ 2/20; 2/25; 2/40

If there is suspected child abuse or neglect that is not based solely on the newborn infant’s relinquishment, personnel who are mandated reporters must report the abuse or neglect.

Every hospital must accept and provide all necessary emergency services and care to a relinquished infant, including tests that evaluate whether the infant was abused or neglected.

If the infant is relinquished to a police station, fire station, or emergency medical facility, the personnel must arrange for the transportation of the infant to the nearest hospital as soon as possible. If the parent returns to reclaim the child within 72 hours, he or she must be informed of the name and location of the hospital to which the infant was transported.

Before the relinquishing person leaves the hospital, police station, fire station, or emergency medical facility, the personnel shall:

• Verbally inform the relinquishing person that by relinquishing the child anonymously, he or she will have to petition the court if he or she desires to prevent the termination of parental rights and regain custody of the child
• Offer the relinquishing person the information packet described in § 2/35

Within 12 hours after accepting a newborn infant, a hospital must report to the State Central Registry for the purpose of transferring physical custody of the infant from the hospital to either a child-placing agency or the Department of Children and Family Services.

Within 24 hours after receiving a report, the department must request assistance from law enforcement officials to investigate the matter using the National Crime Information Center to ensure that the relinquished newborn infant is not a missing child.

If a relinquished child is not a newborn infant as defined in this act, the hospital and the department must proceed as if the child is an abused or neglected child.

Immunity for the Provider

Citation: Comp. Stat. Ch. 325, § 2/27

A hospital, police station, fire station, or emergency medical facility, and any personnel of a hospital, police station, fire station, or emergency medical facility, are immune from criminal or civil liability for acting in good faith in accordance with this act. Nothing in this act limits liability for negligence for care and medical treatment.

Protection for Relinquishing Parent

Citation: Comp. Stat. Ch. 325, §§ 2/25; 2/30

The act of relinquishing a newborn infant to a hospital, police station, fire station, or emergency medical facility in accordance with this act does not, by itself, constitute a basis for a finding of abuse, neglect, or abandonment of the infant pursuant to the laws of this State nor does it, by itself, constitute a violation of §§ 720 ILCS 5/12C-5 [endangering the life or health of a child] or 720 ILCS 5/12C-10 [child abandonment] of the Criminal Code.

If there is suspected child abuse or neglect that is not based solely on the newborn infant’s relinquishment, the personnel of the hospital, police station, fire station, or emergency medical facility who are mandated reporters must report the abuse or neglect.

Neither a child protective investigation nor a criminal investigation may be initiated solely because a newborn infant is relinquished pursuant to this act.

If there is no evidence of abuse or neglect of a relinquished newborn infant, the relinquishing person has the right to remain anonymous and to leave the hospital, police station, fire station, or emergency medical facility at any time and not be pursued or followed. However, nothing in this act shall be construed as precluding the relinquishing person from providing his or her identity or completing the application forms for the Illinois Adoption Registry and Medical Information Exchange and requesting that the hospital, police station, fire station, or emergency medical facility forward those forms to the Illinois Adoption Registry and Medical information Exchange.

Effect on Parental Rights

Citation: Comp. Stat. Ch. 325, §§ 2/15; 2/50; 2/55

There is a presumption that by relinquishing a newborn infant in accordance with this act, the infant’s parent consents to the termination of his or her parental rights with respect to the infant.

Upon notice from the department that a newborn infant has been relinquished, a child-placing agency must accept the infant if the agency has the accommodations to do so. When possible, the child-placing agency must place a relinquished infant in a prospective adoptive home.

The department or child-placing agency must initiate proceedings to terminate the parental rights of the relinquished infant’s known or unknown parents, appoint a guardian for the infant, and obtain consent to the infant’s adoption no sooner than 60 days following the date of the initial relinquishment of the infant. Before filing the petition, the department or child-placing agency must search its Putative Father Registry for the purpose of determining the identity and location of the putative father in order to provide notice.

A parent of a relinquished infant may petition for the return of the infant before the termination of parental rights. The court may hold the proceeding for the termination of parental rights in abeyance up to 60 days. During that period:

• The court shall order genetic testing to establish maternity or paternity, or both.
• The department shall conduct a child protective investigation and home study.

Failure to file a petition for the return of the infant before the termination of parental rights bars any future action asserting legal rights to the infant unless the parent’s act of relinquishment involved fraud perpetrated against the parent. No action to void or revoke the termination of parental rights of a parent of a relinquished infant, including an action based on fraud, may be commenced after 12 months after the date that the newborn infant was initially relinquished.

Current Through December 2014

Definitions

Citation: Comp. Stat. Ch. 705, §§ 405/1-3; 405/2-27  The term ‘legal custody’ means the relationship created by a court order in the best interests of the child that imposes on the custodian the responsibility of physical possession of a child and the duty to protect, train, and discipline the child and to provide him or her with food, shelter, education, and ordinary medical care, except as these are limited by residual parental rights and responsibilities and the rights and responsibilities of the guardian of the person, if any.

The term ‘subsidized guardianship’ means a private guardianship arrangement for children for whom the permanency goals of returning home and adoption have been ruled out and who meet the qualifications for subsidized guardianship as defined by the Department of Children and Family Services in administrative rules.

Purpose of Guardianship

Citation: Admin. Code Tit. 89, § 315.230  Private guardianship may be selected as the permanency goal when the reunification goal and the adoption goal have been ruled out as permanency goals for the child, but the child resides with a relative or foster home caregiver with whom the child has formed an emotional attachment and who is willing to accept legal responsibility for the child and assume a commitment to a permanent relationship that meets the child’s needs over time.

A Guardian’s Rights and Responsibilities

Citation: Comp. Stat. Ch. 705, § 405/1-3  A person who is granted guardianship of a child has the duty and authority to act in the best interests of the child. Subject to residual parental rights and responsibilities, he or she can make important decisions in matters having a permanent effect on the life and development of the child. The guardian assumes the authority and responsibility for the child’s general welfare, and that may include, but is not necessarily limited to:

• The authority to consent to marriage; enlistment in the armed forces of the United States; or major medical, psychiatric, and surgical treatment
• The authority to represent the child in legal actions and to make other decisions of substantial legal significance concerning the minor
• The authority and duty of reasonable visitation, except to the extent that these have been limited in the best interests of the child by court order
• The rights and responsibilities of legal custody except where legal custody has been vested in another person or agency
• The power to consent to the adoption of the child, but only if that authority has been expressly conferred on the guardian by the court

Qualifying the Guardian

Citation: Admin. Code Tit. 89, § 302.410  Prior to approving a guardianship arrangement for a child, the department shall determine whether guardianship is in the best interests of the child. In making this determination, the department shall consider all relevant factors, including but not limited to:

• The wishes of the child’s prospective guardian and the guardian’s demonstrated ability to provide care that meets the special needs of the child, if any
• The wishes of the child who is under age 14 or the consent of the child who is older than age 14
• The interaction and interrelationship between the child and the prospective guardian
• The child’s adjustment to the present home, school, and community
• The child’s need for stability and continuity of relationship with the prospective guardian
• The mental and physical health of all individuals involved

The department shall ensure that the guardianship arrangement is a safe and suitable placement by means of safety checks, including criminal history and child abuse and neglect registry checks.

Procedures for Establishing Guardianship

Citation: Comp. Stat. Ch. 705, § 405/2-27  If the court determines that the parents of a child who is a ward of the court are unfit or are unable to care for, protect, train or discipline the child or are unwilling to do so, for some reason other than financial circumstances alone, and that the health, safety, and best interests of the child will be jeopardized if he or she remains in the custody of his or her parents, the court may place the child in the custody of a suitable relative or other person as legal custodian or guardian or, with the approval of the Department of Children and Family Services, place the child in the subsidized guardianship of a suitable relative or other person as legal guardian.

The court also shall consider whether, based on health, safety, and the best interests of the child:

• Appropriate services aimed at family preservation and family reunification have been unsuccessful in rectifying the conditions that have led to a finding of unfitness or inability to care for, protect, train, or discipline the child.
• No family preservation or family reunification services would be appropriate.

Upon a determination, established by clear and convincing evidence, that the parent is an unfit person, the court shall, when appropriate and in the best interests of the child, enter an order terminating parental rights and appointing a guardian with power to consent to adoption.

Contents of a Guardianship Order

Citation: Comp. Stat. Ch. 705, § 405/2-27  The clerk of the court shall issue a certified copy of the order of court to the legal custodian or guardian of the person, as proof of his or her authority. No other process is necessary as authority for the keeping of the child.

Modification/Revocation of Guardianship

Citation: Comp. Stat. Ch. 705, § 405/2-27  Custody or guardianship granted under this section continues until the court directs otherwise.

Eligibility for Guardianship Subsidy

Citation: Admin. Code Tit. 89, § 302.410  The subsidized guardianship program provides assistance payments to grandparents and other relatives who have assumed the legal guardianship of children for whom they have cared as a licensed foster parent and for whom they have committed to care on a permanent basis.

For a child to qualify for a federally funded subsidized guardianship, the following criteria must be met:

• The child must have been removed from his or her home pursuant to a voluntary placement agreement or as a result of a judicial determination that continuation in the home would be contrary to the welfare and the best interests of the child.
• The child must be eligible for foster care maintenance payments while residing for at least 6 consecutive months in the home of a licensed prospective relative guardian immediately prior to the establishment of the guardianship.
• The prospective relative guardian must have been a licensed foster parent for that consecutive 6 month period.
• Being returned home or adopted are not appropriate permanency options for the child.
• The child demonstrates a strong attachment to the prospective relative guardian and the relative guardian has a strong commitment to caring permanently for the child.
• With respect to a child who has reached age 14, the child has been consulted and the child has agreed to the guardianship arrangement.

A sibling of an eligible child who is placed with the same relative also qualifies for subsidized guardianship when DCFS and the relative guardian agree that the placement is appropriate.

A child is who is age 14 or older and has lived with a licensed nonrelative foster parent for at least the 6 consecutive months prior to the establishment of a guardianship may be eligible for a State-funded subsidized guardianship.

Links to Agency Policies

Illinois Administrative Code, Title 89, Chapter III, Part 315

Current Through July 2013

Relative Placement for Foster Care and Guardianship

Citation: Comp. Stat. Ch. 20, § 505/7  A relative is any person age 21 or older who is related to the child by blood or adoption, such as a grandparent, sibling, great-grandparent, uncle, aunt, nephew, niece, first cousin, second cousin, godparent, great-aunt, great-uncle, and the spouse of any such relative. A relative may also include a stepparent or adult stepbrother or stepsister.

A relative also includes a person related in any of the above ways to a sibling of a child, even though the person is not related to the child, when the child and his or her sibling are placed together with that person.

For children who have been in the guardianship of the Department of Child and Family Services or have been adopted and are subsequently returned to the temporary custody or guardianship of the department, a relative also may include any person who would have qualified as a relative prior to the adoption, but only if the department determines that it would be in the child’s best interests to consider this person a relative.

Requirements for Placement with Relatives

Citation: Comp. Stat. Ch. 20, § 505/7  The relative must be able to adequately provide for the child’s safety and welfare based on the factors set forth in the department’s rules governing relative placements. The placement must be consistent with the child’s best interests.

When the department first assumes custody of a child, the department shall make reasonable efforts to identify and locate a relative who is ready, willing, and able to care for the child.

The department may not place a child with a relative if the results of a check of the Law Enforcement Agencies Data System (LEADS) identifies a prior criminal conviction of the relative or any adult member of the relative’s household for a criminal offense, including:

• Murder, manslaughter, or reckless homicide
• Homicide of an unborn child
• Drug-induced homicide or infliction of bodily harm
• A sex offense
• Kidnapping or child abduction
• Heinous battery or aggravated battery with a firearm
• Tampering with food, drugs, or cosmetics
• Home or vehicular invasion
• Criminal transmission of HIV
• Criminal abuse or neglect of an elderly or disabled person
• Child abandonment or endangerment
• Ritualized abuse of a child

A relative with whom a child is placed may, but is not required to, apply for licensure as a foster family home. As of July 1, 1995, foster care payments shall be made only to licensed foster family homes.

Requirements for Placement of Siblings

Citation: Comp. Stat. Ch. 20, §§ 505/7; 505/7.4  In placing a child under this act, the department shall place the child with the child’s sibling or siblings under chapter 20, § 505/7.4, unless the placement is not in each child’s best interests or is otherwise not possible under the department’s rules. If the child is not placed with a sibling under the department’s rules, the department shall consider placements that are likely to develop, preserve, nurture, and support sibling relationships when doing so is in each child’s best interests.

Whenever a child enters care or requires a new placement, the department shall consider the development and preservation of sibling relationships. When the department determines it is not in the best interests of one or more siblings to be placed together, the department shall ensure that the child requiring placement is placed in a home or program where the caregiver is willing and able to be actively involved in supporting the sibling relationship to the extent doing so is in the child’s best interests.

Relatives Who May Adopt

Citation: Comp. Stat. Ch. 20, § 505/7A relative is any person, age 21 or older who is related to the child by blood or adoption, such as a grandparent, sibling, great-grandparent, uncle, aunt, nephew, niece, first cousin, second cousin, godparent, great-aunt, great-uncle, and the spouse of any such relative. A relative may also include a stepparent or adult stepbrother or stepsister.

A relative also includes a person related in any of the above ways to a sibling of a child, even though the person is not related to the child, when the child and his or her sibling are placed together with that person.

For children who have been in the guardianship of the department, have been adopted, and are subsequently returned to the temporary custody or guardianship of the department, a relative may also include any person who would have qualified as a relative prior to the adoption, but only if the department determines that it would be in the child’s best interests to consider this person a relative.

Requirements for Adoption by Relatives

Citation: Comp. Stat. Ch. 750, § 50/6; Ch. 20, § 505/7  An investigation shall not be made when the petitioner seeks to adopt a related child unless the court, in its discretion, so shall order.

The relative must be able to adequately provide for the child’s safety and welfare based on the factors set forth in the department’s rules governing relative placements. The placement must be consistent with the child’s best interests.

When the department first assumes custody of a child, the department shall make reasonable efforts to identify and locate a relative who is ready, willing, and able to care for the child.

The department may not place a child with a relative if the results of a check of the Law Enforcement Agencies Data System (LEADS) identifies a prior criminal conviction of the relative or any adult member of the relative’s household for a criminal offense, including:

• Murder, manslaughter, or reckless homicide
• Homicide of an unborn child
• Drug-induced homicide or infliction of bodily harm
• A sex offense
• Kidnapping or child abduction
• Heinous battery or aggravated battery with a firearm
• Tampering with food, drugs, or cosmetics
• Home or vehicular invasion
• Criminal transmission of HIV
• Criminal abuse or neglect of an elderly or disabled person
• Child abandonment or endangerment
• Ritualized abuse of a child

Current Through March 2016

What Are Reasonable Efforts

Citation: Cons. Stat. Ch. 325, § 5/8.2  The term ‘family preservation services’ refers to all services to help families, including adoptive and extended families.

Appropriate family preservation services shall be included in the service plan if the Department of Children and Family Services has determined that those services will ensure the child’s health and safety, are in the child’s best interests, and will not place the child in imminent risk of harm. Such plans may include, but are not limited to:

• Case management services
• Homemakers, including emergency caretakers, housekeepers, and chore services
• Counseling, including individual therapy, infant stimulation therapy, family therapy, group therapy, self-help groups, drug and alcohol abuse counseling, vocational counseling, and postadoption services
• Parent education
• Day care, including protective day care and day care to meet educational, prevocational, or vocational needs
• Emergency assistance and advocacy assessments, including coordinated services to secure emergency cash, food, and housing
• Respite care
• In-home health care
• Transportation to obtain any of the above services
• Medical assistance

When Reasonable Efforts Are Required

Citation: Cons. Stat. Ch. 20, § 505/5  The department shall offer family preservation services to help families, including adoptive and extended families. Such services shall be offered:

• To prevent the placement of children in substitute care when the children can be cared for at home or in the custody of the person responsible for the children’s welfare
• To reunite children with their families
• To maintain an adoptive placement

Family preservation services shall only be offered when doing so will not endanger the children’s health or safety. The child and his or her family shall be eligible for services as soon as the report of suspected child abuse or neglect is determined to be indicated. The department may also provide services to any child or family when the report of suspected abuse or neglect is determined to be unfounded if the conditions in the child’s or family’s home are reasonably likely to subject the child or family to future reports of suspected child abuse or neglect. Acceptance of such services shall be voluntary.

When a child is placed in foster care, the department shall ensure and document that reasonable efforts were made to prevent or eliminate the need to remove the child from the child’s home. The department must make reasonable efforts to reunify the family when temporary placement of the child occurs unless otherwise required.

When Reasonable Efforts Are NOT Required

Citation: Cons. Stat. Ch. 20, § 505/5; Ch. 705, § 405/2-13.1  When the department believes that further reunification services would be ineffective, it may request a finding from the court that reasonable efforts are no longer appropriate. The court shall grant this motion with respect to a parent of the minor if the court finds after a hearing that the parent has:

• Had his or her parental rights to another child involuntarily terminated
• Been convicted of:
  • First degree or second degree murder of another child of the parent
  • Attempt, conspiracy, or solicitation to commit first degree or second degree murder of another child of the parent
  • Aggravated battery, aggravated battery of a child, or felony domestic battery, any of which has resulted in serious bodily injury to the minor or another child of the parent
  • An offense in any other State substantially similar to any of the above offenses

The department is not required to provide further reunification services after such a finding.

Current Through February 2015

Who Can Nominate a Standby Guardian

Citation: Comp. Stat. Ch. 755, § 5/11-5.3  A parent, adoptive parent, adjudicated parent whose rights have not been terminated, or legal guardian may designate a standby guardian.

How to Establish a Standby Guardian

Citation: Comp. Stat. Ch. 755, §§ 5/11-5.3; 5/11-10.1  A standby guardian may be designated in any writing, including a will. The designation must be witnessed by two or more credible witnesses who are at least age 18, neither of whom is the person designated as the standby guardian.

Upon the filing of a petition, the court may appoint a standby guardian. Children age 14 and older must be notified of the hearing.

The standby guardian must take an oath or affirmation that he or she will faithfully discharge the duties of guardianship and may be required to file a bond once duties are assumed.

How Standby Authority is Activated

Citation: Comp. Stat. Ch. 755, § 5/11-13.1  The standby guardian shall not have any duties or authority to act until the standby guardian receives knowledge of:

• The death or consent of the minor’s parent or parents or guardian
• The inability of the minor’s parent or parents or guardian to make and carry out day-to-day child care decisions concerning the minor

When the triggering event has occurred, the standby guardian has 60 days to file confirming documents and petition the court for guardianship.

Involvement of the Noncustodial Parent

Citation: Comp. Stat. Ch. 755, § 5/11-5.3
The designation of a standby guardian does not affect the rights of the other parent of the child.

The court lacks jurisdiction to proceed on a petition to appoint a guardian if the minor has a living, adoptive, or adjudicated parent whose parental rights have not been terminated, and whose whereabouts are known, and who is willing to assume day-to-day care of the child, unless the parent consents or fails to object after receiving notice of the petition.

Authority Relationship of the Parent and the Standby

Citation: Comp. Stat. Ch. 755, § 5/11-13.1  Once the guardianship has been activated, the standby guardian assumes all duties as guardian of the minor.

Withdrawing Guardianship

Citation: Comp. Stat. Ch. 755, § 5/11-13.1  The authority of the standby guardian may be limited or terminated by a court of competent jurisdiction.