SB2909 98TH GENERAL ASSEMBLY

LRB098 16977 KTG 52059 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2909

Introduced 2/4/2014, by Sen. Julie A. Morrison

SYNOPSIS AS INTRODUCED:

20 ILCS 505/6b

from Ch. 23, par. 5006b

Amends the Children and Family Services Act. In provisions concerning the Department of Children and Family Services' case tracking system, requires the Department to use the case tracking system to monitor and provide data concerning families subject to safety plans. Provides that the Department shall ensure that any safety plan with a duration of 5 days or more shall be in writing, signed by each affected parent or guardian and all participants responsible for carrying out the plan, and shall be reviewed by a child protection supervisor. Requires the child protection supervisor to provide a sworn certification stating that the plan has been determined to be the least restrictive possible and that the Department, at the time of entering into the safety plan, possesses objectively reasonable evidence of abuse or neglect of the child by the person or persons whose access to the child is limited by the safety plan. Beginning with fiscal year 2015, requires the Department to (i) provide certain data in its annual report and case tracking system concerning children and families subject to safety plans and (ii) track certain safety plans. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

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 6b as follows:

(20 ILCS 505/6b) (from Ch. 23, par. 5006b)

Sec. 6b. Case tracking system.

(1) The Department shall establish and operate a case tracking system which shall be designed to monitor and evaluate family preservation, family reunification and placement services.

(2) The Department shall establish and operate the case tracking system for the Department clients for whom the Department is providing or paying for such services. The Department shall work with the courts in the development of a cooperative case tracking system.

(3) The Department shall determine the basic elements and access and provide for records of the case tracking system to not be open to the general public.

(4) The Department shall use the case tracking system to determine whether any child reported to the Department under Section 3.5 of the Intergovernmental Missing Child Recovery Act of 1984 matches a Department ward and whether that child had been abandoned within the previous 2 months.

(5) The Department shall use the case tracking system to monitor and provide data concerning families subject to safety plans.

The Department shall ensure that any safety plan with a duration of 5 days or more shall be in writing, signed by each affected parent or guardian and all participants responsible for carrying out the plan, and shall be reviewed by a child protection supervisor. Each affected parent or guardian and all participants responsible for carrying out the plan shall be provided a copy of the written, signed safety plan. A sworn certification shall be provided by the child protection supervisor stating that the plan has been determined to be the least restrictive possible and that the Department, at the time of entering into the safety plan, possesses objectively reasonable evidence of abuse or neglect of the child by the person or persons whose access to the child is limited by the safety plan.

Beginning with fiscal year 2015, the Department shall provide the following data in its annual report and case tracking system concerning children and families subject to safety plans:

The number of cases and the duration of the safety plan in which:

(A) a child has been relocated from the child's primary residence during a pending child protection investigation, including cases in which a child has been moved to another parent's home or the home of a relative or non-relative;

(B) a child's parent, guardian, or other custodian has been required to leave the residence during an investigation;

(C) a parent, guardian, or other custodian of the child has been directed to have no contact with the child;

(D) a safety plan was implemented previous to the Department taking temporary protective custody as defined in Section 3 of the Abused and Neglected Child Reporting Act; and

(E) a safety plan was implemented without the Department ever taking temporary protective custody as defined in Section 3 of the Abused and Neglected Child Reporting Act.

Beginning with fiscal year 2015, the Department shall also track the number of:

(i) written safety plans in effect in Illinois each month;

(ii) safety plan cases in which a short-term guardianship has been executed;

(iii) safety plan cases in which the Department has referred the person responsible for carrying out the safety plan, the parent, or the guardian to court to obtain a private guardianship pursuant to the Probate Act of 1975;

(iv) safety plans in effect beyond the end of the investigation being completed;

(v) safety plans for investigations that resulted in an unfounded determination;

(vi) safety plans for which there is a sworn certification by a child protection supervisor stating that the safety plan is the least restrictive possible and that the Department, at the time of entering into the safety plan, possesses objectively reasonable evidence of abuse or neglect by the person or persons whose access to the child is limited by the safety plan; and

(vii) total safety plan cases opened each fiscal year.

(Source: P.A. 89-213, eff. 1-1-96.)

Section 99. Effective date. This Act takes effect upon becoming law.