2023 Illinois Compiled Statutes › Chapter 20 - EXECUTIVE BRANCH › 20 ILCS 521/ - Foster Children's Bill of Rights Act.

(20 ILCS 521/1)
Sec. 1. Short title. This Act may be cited as the Foster Children's Bill of Rights Act.
(Source: P.A. 99-344, eff. 1-1-16.)
(20 ILCS 521/5)
Sec. 5. Foster Children's Bill of Rights. It is the policy of this State that every child and
adult in the care of the Department of Children and Family Services who is placed in foster care shall have the following rights:
(1) To live in a safe, healthy, and comfortable home     where they are treated with respect.
(2) To be free from physical, sexual, emotional, or     other abuse, or corporal punishment.
(3) To receive adequate and healthy food, adequate     clothing, and, for youth in group homes, residential treatment facilities, and foster homes, an allowance.
(4) To receive medical, dental, vision, and mental     health services.
(5) To be free of the administration of medication or     chemical substances, unless authorized by a physician.
(6) To contact family members, unless prohibited by     court order, and social workers, attorneys, foster youth advocates and supporters, Court Appointed Special Advocates (CASAs), and probation officers.
(7) To visit and contact siblings, unless prohibited     by court order.
(8) To contact the Advocacy Office for Children and     Families established under the Children and Family Services Act or the Department of Children and Family Services' Office of the Inspector General regarding violations of rights, to speak to representatives of these offices confidentially, and to be free from threats or punishment for making complaints.
(9) To make and receive confidential telephone calls     and send and receive unopened mail, unless prohibited by court order.
(10) To attend religious services and activities of     their  choice.
(11) To maintain an emancipation bank account and     manage personal income, consistent with the child's age and developmental level, unless prohibited by the case plan.
(12) To not be locked in a room, building, or     facility premises, unless placed in a secure child care facility licensed by the Department of Children and Family Services under the Child Care Act of 1969 and placed pursuant to Section 2-27.1 of the Juvenile Court Act of 1987.
(13) To attend school and participate in     extracurricular, cultural, and personal enrichment activities, consistent with the child's age and developmental level, with minimal disruptions to school attendance and educational stability.
(14) To work and develop job skills at an     age-appropriate level, consistent with State law.
(15) To have social contacts with people outside of     the foster care system, including teachers, church members, mentors, and friends.
(16) If they meet age requirements, to attend     services and programs  operated by the Department of Children and Family Services or any other appropriate State agency that aim to help current and former foster youth achieve self-sufficiency prior to and after leaving foster care.
(17) To attend court hearings and speak to the judge.
(18) To have storage space for private use.
(19) To be involved in the development of their own     case plan and plan for permanent placement.
(20) To review their own case plan and plan for     permanent placement, if they are 12 years of age or older and in a permanent placement, and to receive information about their  out-of-home placement and case plan, including being told of changes to the case plan.
(21) To be free from unreasonable searches of     personal belongings.
(22) To the confidentiality of all juvenile court     records consistent with existing law.
(23) To have fair and equal access to all available     services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(24) To have caregivers and child welfare personnel     who have received sensitivity training and instruction on matters concerning race, ethnicity, national origin, color, ancestry, religion, mental and physical disability, and HIV status.
(25) To have caregivers and child welfare personnel     who have received instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(26) At 16 years of age or older, to have access to     existing information regarding the educational options available, including, but not limited to, the coursework necessary for vocational and postsecondary educational programs, and information regarding financial aid for postsecondary education.
(27) To have access to age-appropriate, medically     accurate information about reproductive health care, the prevention of unplanned pregnancy, and the prevention and treatment of sexually transmitted infections at 12 years of age or older.
(28) To receive a copy of this Act from and have it     fully explained by the Department of Children and Family Services when the child or adult is placed in the care of the Department of Children and Family Services.
(29) To be placed in the least restrictive and most     family-like setting available and in close proximity to their parent's home consistent with their health, safety, best interests, and special needs.
(30) To participate in an age and developmentally     appropriate  intake process immediately after placement in the custody or guardianship of the Department. During the intake process, the Department shall provide the youth with a document describing inappropriate acts of affection, discipline, and punishment by guardians, foster parents, foster siblings, or any other adult responsible for the youth's welfare.  The Department shall review and discuss the document with the child.  The Department must document completion of the intake process in the child's records as well as giving a copy of the document to the child.
(31) To participate in appropriate intervention and     counseling services after removal from the home  of origin in order to assess whether the youth is exhibiting signs of traumatic stress, special needs, or mental illness.
(32) To receive a home visit by an assigned child     welfare specialist, per existing Department policies and procedures, on a monthly basis or more frequently as needed. In addition to what existing policies and procedures outline, home visits shall be used to assess the youth's well-being and emotional health following placement, to determine the youth's relationship with the youth's  guardian or foster parent or with any other adult responsible for the youth's welfare or living in or frequenting the home environment, and to determine what forms of discipline, if any, the youth's guardian or foster parent or any other  person in the home environment uses to correct the youth.
(33) To be enrolled in an independent living services     program prior to transitioning  out of foster care where the youth will receive classes and instruction, appropriate to the youth's age and developmental capacity, on independent living and self-sufficiency in the areas of employment, finances, meals, and housing as well as help in developing life skills and long-term goals.
(34) To be assessed by a third-party entity or agency     prior to enrollment in any independent living services program in order to determine the youth's readiness for a transition out of foster care based on the youth's individual needs, emotional development, and ability, regardless of age, to make a successful transition to adulthood. (Source: P.A. 102-810, eff. 1-1-23; 103-22, eff. 8-8-23.)
(20 ILCS 521/10)
Sec. 10. Foster care provider. Nothing in this Act shall be interpreted to require a
foster care provider to take any action that would impair the health
and safety of children in out-of-home placement.
(Source: P.A. 99-344, eff. 1-1-16.)