Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 304 - ACCESS TO AND ELIGIBILITY FOR CHILD WELFARE SERVICES › Section 304.2 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Abused child" means a child whose parent or immediate
				family member, or any person responsible for the child's welfare, or any
				individual residing in the same home as the child, or a paramour of the child's
				parent:
inflicts, causes to be inflicted, or allows to be
				inflicted upon such child physical
or mental
injury, by other
				than accidental means, which causes death, disfigurement, impairment of
				physical or emotional health, or loss or impairment of any bodily
				function;
creates a substantial risk of physical
or
				mental
injury to such child by other than accidental means which would
				be likely to cause death, disfigurement, impairment of physical or emotional
				health, or loss of or impairment of any bodily function;
commits or allows to be committed any sex offense
				against such child, as such sex offenses are defined in the Criminal Code of
				2012
[ 720 ILCS 5 ],
or in the Wrongs to Children Act
[ 720 ILCS 150 ],
and extending those definitions of sex offenses to
				include children under 18 years of age;
commits or allows to be committed an act or acts of
				torture upon such child;
inflicts excessive corporal punishment;
commits or allows to be committed the offense of female
				genital mutilation, as defined in Section 12-34 of the Criminal Code of 2012,
				against the child;
causes to be sold, transferred, distributed, or given
				to such child under 18 years of age, a controlled substance, as defined in
				Section 102 of the Illinois Controlled Substances Act
[ 720 ILCS 570
				],
in violation of Article IV of the Illinois Controlled Substances Act
				or in violation of the Methamphetamine Control and Community Protection
				Act
[ 720 ILCS 646 ],
except for controlled substances that
				are prescribed in accordance with Article III of the Illinois Controlled
				Substances Act and are dispensed to such child in a manner that substantially
				complies with the prescription; or
commits or allows to be committed the offense of
				involuntary servitude, involuntary sexual servitude of a minor, or trafficking
				in persons for forced labor or services, as defined in Section 10-9 of the
				Criminal Code of 2012, against the child.
A child shall not be considered abused for the sole
				reason that the child has been relinquished in accordance with the Abandoned
				Newborn Infant Protection Act
[ 325 ILCS 2 ]. [
				325 ILCS
				5/3 ]
"Addicted minor" includes any minor who is an addict or an
				alcoholic as defined in the Alcoholism and Other Drug Abuse and Dependency Act
				[
				20 ILCS 301/1-10
				].
"Adjudicated", as used in this Part, means that the Juvenile
				Court has entered an order declaring that a child is abused, neglected,
				dependent, a minor requiring authoritative intervention, a delinquent minor or
				an addicted minor.
"Biological father" means a man who was not married to the
				mother when the child was born and who has acknowledged his paternity in open
				court, or who has signed a statement acknowledging paternity, or who is legally
				presumed to be the father because he married the child's mother after the
				child's birth and his name appears on the child's official record of birth, or
				whose paternity is adjudicated in court. When paternity has been established in
				the above manner, the relatives of the biological father as well as those of
				the mother may be considered for the placement of related children.
"Child welfare services" means public social
				services
that
are directed toward the accomplishment of the
				following purposes:
protecting and promoting the health, safety and welfare
				of
all
children, including homeless, dependent, or neglected
				children;
preventing or
remedying, or assisting in the solution
				of problems
that
may result in, the neglect, abuse,
				exploitation, or delinquency of children;
preventing the unnecessary separation of children from
				their families by identifying family problems, assisting families in resolving
				their problems, and preventing the breakup of the family where the prevention
				of child removal is desirable and possible when the child can be cared for at
				home without endangering the child's health and safety;
restoring to their families children who have been
				removed, by the provision of services to the child and the families when the
				child can be cared for at home without endangering the child's health and
				safety;
placing children in suitable adoptive homes, in cases
				where restoration to the biological family is not possible or
				appropriate;
assuring safe and adequate care of children away from
				their homes, in cases where the child cannot be returned home or cannot be
				placed for adoption. At the time of placement, the Department shall consider
				concurrent planning, as described in
Section
5(l-1)
				of
the Children and Family Services Act [
				20
				ILCS 505/5 (l-1)]
so that permanency may occur
				at the earliest opportunity. Consideration should be given so that, if
				reunification fails or is delayed, the placement made is the best available
				placement to provide permanency for the child;
providing supportive services and living maintenance that
				contribute to the physical, emotional and social well-being of children who are
				pregnant and unmarried;
providing shelter and independent living services for homeless
				youth; and
placing and maintaining children in facilities that
				provide separate living quarters for children under the age of 18 and for
				children 18 years of age and older, unless a child 18 years of age is in the
				last year of high school education or vocational training, in an approved
				individual or group treatment program, in a licensed shelter facility, or
				secure child care facility. The Department is not required to place or maintain
				children:
who are in a foster home;
who are persons with a developmental disability as
				defined in the Mental Health and Developmental Disabilities Code
[ 405
				ILCS 5 ];
who are female children who are pregnant, pregnant and
				parenting or parenting; or
who are siblings, in facilities that provide separate
				living quarters for children 18 years of age and older and for children under
				18 years of age.
[
				20
				ILCS 505/5(a)(3) ]
These services include, but are not limited to: counseling,
				advocacy, day care, homemaker, emergency caretaker, family planning, adoption,
				visitation, placement, child protection, and information and referral.
"Delinquent minor" means a minor who before his or her
				18th birthday violated or attempted to violate a
				Federal or State law or municipal ordinance. Delinquent minor is further
				defined in the Juvenile Court Act of 1987 [ 705 ILCS 405 ].
"Department client" means a child or a family who is receiving
				child welfare services either directly from the Department or through the
				Department's purchase of service providers.
"Dependent minor" means any minor under 18 years of age:
who is without a parent, guardian or legal
				custodian;
who is without proper care because of the physical or
				mental disability of his parent, guardian or custodian;
who is without proper medical or other remedial care
				recognized under State law or other care necessary for his or her well being
				through no fault, neglect or lack of concern by his parents, guardian or
				custodian, provided that no order may be made terminating parental rights, nor
				may a minor be removed from the custody of his or her parents for longer than 6
				months, pursuant to an adjudication as a dependent minor under
Section
				2-4(c) of the Juvenile Court Act of 1987,
unless it is found to be in
				his or her best interest by the court or the case automatically closes as
				provided under Section 2-31 of
that Juvenile Court Act of 1987;
or
who has a parent, guardian or legal custodian who with
				good cause wishes to be relieved of all residual parental rights and
				responsibilities, guardianship or custody, and who desires the appointment of a
				guardian of the person with power to consent to the adoption of the minor under
				Section 2-29
of the Juvenile Court Act of 1987.
This
definition
does not apply to a
				minor who would be included herein solely for the purpose of qualifying for
				financial assistance for himself, his parent or parents, guardian or custodian
				or to a minor solely because his or her parent or parents or guardian has left
				the minor for any period of time in the care of an adult relative, who the
				parent or parents or guardian know is both a mentally capable adult relative
				and physically capable adult relative, as defined by
the Juvenile
				Court Act of 1987. [
				705 ILCS 405/2-4
				]
"Family" means one or more adults and children, related by
				blood, marriage, civil union or adoption and residing in the same
				household.
"Fictive kin" means any individual, unrelated by birth
				or marriage, who:
is shown to have significant and close personal or
				emotional ties with the child or the child's family prior to the child's
				placement with the individual; or
is the current foster parent of a child in the custody
				or guardianship of the Department pursuant to the Child and Family Services Act
				and the Juvenile Court Act of 1987, if the child has been placed in the home
				for at least one year and has established a significant and family-like
				relationship with the foster parent, and the foster parent has been identified
				by the Department as the child's permanent connection.
[
				20 ILCS
				505/7(b) ]
"Godparent" is a person who sponsors a child at baptism or one
				in whom the parents have entrusted a special duty that includes assisting in
				raising the child if the parent cannot raise the child. If the person is
				considered to be the child's godparent, in order for placement to occur, the
				same placement selection criteria as contained in 89 Ill. Adm. Code
				301.60
				(Placement Selection Criteria) must be met. If the godparent is not a licensed
				foster parent, all the conditions currently in effect for placement with
				relatives in 89 Ill. Adm. Code
				301.80
				(Relative Home Placement) must be met.
"Minimum parenting standards" means that a parent or other
				person responsible for the child's welfare sees that the child is adequately
				fed, clothed appropriately for the weather conditions, provided with adequate
				shelter, protected from physical, mental and emotional harm, and provided with
				necessary medical care and education required by law.
"Minor requiring authoritative intervention" or "MRAI" means
any minor under 18 years of age:
who is:
absent from home without consent of parent, guardian or
				custodian, or
beyond the control of his or her parent, guardian or
				custodian, in circumstances that constitute a substantial or immediate danger
				to the minor's physical safety; and
who, after being taken into limited custody for the
				period provided for in
Section 3.3 of the Juvenile Court Act of 1987
and offered interim crisis intervention services, where available,
				refuses to return home after the minor and his or her parent, guardian or
				custodian cannot agree to an arrangement for an alternative voluntary
				residential placement or to the continuation of such placement.
Any minor taken into limited custody for the reasons
				specified in
Section 3.3 of the Juvenile Court Act of 1987
may
				not be adjudicated
an MRAI
until the following number of days
				have elapsed from his or her having been taken into limited custody: 21 days
				for the first instance of being taken into limited custody and 5 days for the
				second, third, or fourth instances of being taken into limited custody. For the
				fifth or any subsequent instance of being taken into limited custody for the
				reasons specified in
Section 3.3,
the minor may be adjudicated
				as requiring authoritative intervention without any specified period of time
				expiring after his or her being taken into limited custody, without the minor's
				being offered interim crisis intervention services, and without the minor's
				being afforded an opportunity to agree to an arrangement for an alternative
				voluntary residential placement. Notwithstanding any other provision
				of
Section 3.3,
for the first instance in which a minor is
				taken into limited custody where one year has elapsed from the last instance of
				his having been taken into limited custody, the minor may not be
				adjudicated
an MRAI
until 21 days have passed since being
				taken into limited custody.
[
				705 ILCS
				405/3-3 ]
"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 present or anticipated mental or physical
				impairment as determined by a physician acting alone or in consultation with
				other physicians or otherwise is not receiving the proper or necessary support
				or medical or other remedial care recognized under State law as necessary for a
				child's well-being
(including where there is harm or substantial risk
				of harm to the child's health or welfare),
or other care necessary for
				a child's well-being, including adequate food, clothing and shelter;
				or
who 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; and
the likely harm to the child is the result of a blatant
				disregard of parent or caretaker responsibilities; 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 has been provided with interim crisis intervention
				services under Section 3-5 of the Juvenile Court Act of 1987
[
				705 ILCS
				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; or
who is a newborn infant whose blood, urine or meconium
				contains any amount of controlled substance as defined in Section 102(f) of the
				Illinois Controlled Substances Act
[
				720 ILCS
				570/102(f) ]
or a metabolite
				thereof, with the exception of a controlled substance or metabolite thereof
				whose presence in the newborn infant is the result of medical treatment
				administered to the mother or the newborn infant.
A child shall not be considered neglected for the sole
				reason that the child's parent or other person responsible for his or her
				welfare has left the child in the care of an adult relative for any period of
				time.
A child shall not be considered neglected for the sole
				reason that the child has been relinquished in accordance with the Abandoned
				Newborn Infant Protection Act
[ 325 ILCS 5 ].
A child shall not be considered neglected or abused for
				the sole reason that such child's parent or other person responsible for his or
				her welfare depends upon spiritual means through prayer alone for the treatment
				or cure of disease or remedial care under Section 4 of
the Abused and
				Neglected Child Reporting Act. When the circumstances indicate harm or
				substantial risk of harm to the child's health or welfare and necessary medical
				care is not being provided to treat or prevent that harm or risk of harm
				because the parent or other person responsible for the child's welfare depends
				upon spiritual means alone for treatment or cure, the child is subject to the
				requirements of the Abused and Neglected Child Reporting Act for the reporting
				of, investigation of, and provision of protective services with respect to the
				child and his or her health needs, and, in such cases, spiritual means through
				prayer alone for the treatment or cure of disease or for remedial care will not
				be recognized as a substitute for necessary medical care, if the Department or,
				as necessary, a juvenile court determines that medical care is
				necessary.
A child shall not be considered neglected or abused
				solely because the child is not attending school in accordance with the
				requirements of Article 26 of the School Code
[ 105 ILCS 5 ]. [
				325 ILCS
				5/3 ]
"Permanent connection" means a family-like relationship,
				consistent with a child's best interests, health, safety and well-being, that
				provides:
safe, stable and committed parenting;
unconditional love and lifelong support; and
a permanent legal status between child and family.
For a child for whom the Department is legally responsible, a
				permanent connection may be the child's parents or another caregiver in the
				child's home of origin. When the child cannot be safely returned home, a
				permanent connection may be the current or former foster parent or relative
				caregiver, an individual identified as an adoptive or legal guardianship
				placement resource, or another individual from among the child's or family's
				lifelong connections with whom a child has developed a familial
				relationship.
"Purchase of services provider" means an agency or individual
				offering services to a Department client through a signed contract with the
				Department.
"Relative",
for purposes of placement of
				children for whom the Department is legally responsible,
means any
				person, 21 years of age or over, other than the parent, who:
is currently related to the child in any of the
				following ways by blood or adoption: grandparent, sibling, great-grandparent,
				uncle, aunt, nephew, niece, first cousin,
first cousin once removed
				(children of one's first cousin to oneself),
second cousin
(children of first cousins are second cousins to each other)
,
				godparent
(as defined in this Section),
great-uncle, or
				great-aunt
;
is the spouse
, or party to a civil union,
of such a relative;
is the child's step-father, step-mother,
				step-grandfather, step-grandmother or adult step-brother or
				step-sister;
or
is the partner, or adult child of a partner, in a civil union
				with the child's mother or father; or
is a fictive kin as defined in this Section.
"Relative" also includes a person related in any of the
				foregoing ways to a sibling of a child, even though the person is not related
				to the child, when the child and its 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 under this definition prior to the adoption,
				but only if the Department determines that it would be in the best interests of
				the child to consider this person a relative.
[
				20 ILCS
				505/7(b) ]
"Services delivered by the Department" means those social
				services provided either directly by Department of Children and Family Services
				staff or by purchase of service providers.
"Voluntary placement agreement" means a time-limited written
				request and consent from a parent, guardian or legal custodian of a child for
				placement of the child out of the home. When signed by designated Department
				staff, the Department agrees to provide child welfare services which include
				placement.