reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 315 - PERMANENCY PLANNING › Subpart A - PRINCIPLES OF PERMANENCY PLANNING › Section 315.30 - Best Interests, Health and Safety of the Child

Current through Register Vol. 48, No. 28, July 12, 2024
a) Best Interests, Health and Safety of the
				Child
Permanency planning is an on-going process that first and
				  foremost must consider the best interests, health and safety of the child in
				  all planning decisions. Health and safety are the paramount factors that must
				  be considered when determining the best interests of the child. This means that
				  a child is or will be in a living arrangement that meets the placement
				  selection criteria contained in 89 Ill. Adm. Code 301 (Placement and Visitation
				  Services), or for an Indian child, that meets the placement selection criteria
				  contained in 89 Ill. Admin. Code 307 (Indian Child Welfare Services), and that
				  protects the child's physical health and safety and promotes the child's
				  emotional, medical, and developmental well-being.
1) When evaluating the best interests of the
				child, the Department or its purchase of service provider shall consider the
				following factors as provided in the Juvenile Court Act:
A)
the physical safety and welfare of
				the child, including food, shelter, health, and clothing;
B)
the development of the child's
				identity;
C)
the
				child's background and ties, including familial and religious,
including the primary method and/or language of communication between the child
				and the biological parents or any other special communication needs;
D)
the child's sense of attachments,
				including:
i)
where the
				child actually feels love, attachment, and a sense of being valued (as opposed
				to where adults believe the child should feel such love, attachment, and a
				sense of being valued);
ii)
the child's sense of
				security;
iii)
the
				child's sense of familiarity;
iv)
continuity of affection for the
				child;
v)
the
				least disruptive placement alternative for the
				child;
E)
the child's wishes and long-term goals;
F)
the child's community ties,
				including church, school, and friends;
G)
the child's need for permanence,
				which includes the child's need for stability and continuity of relationships
				with parent figures and with siblings and other relatives;
H)
the uniqueness of every family and
				child;
I)
the
				risks attendant to entering and being in substitute care;
				and
J)
the
				preferences of the persons available to care for the child.
[705
				ILCS 405/1-3 ].
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 315 - PERMANENCY PLANNING › Subpart A - PRINCIPLES OF PERMANENCY PLANNING › Section 315.40 - Accountability

Current through Register Vol. 48, No. 28, July 12, 2024
Permanency planning must ensure accountability on the part of
				  clients, the Department and other service providers through written
				  documentation of the expectations and obligations of each of the parties to the
				  service plan. This documentation must include:
a) a desired permanency goal for each child
				served that is recorded in the service plan;
b) identification of problems that must be
				resolved to achieve this status, including, when applicable, achievement of
				minimum parenting standards;
c)
				identification of measurable changes or outcomes that will signify problem
				resolution;
d) identification of
				what services the Department and other service providers will provide toward
				achieving the desired permanent living arrangement;
e) identification of applicable time frames;
				and
f) identification of any
				consequences to the client if the time frames are not met.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 315 - PERMANENCY PLANNING › Subpart A - PRINCIPLES OF PERMANENCY PLANNING › Section 315.45 - The Need for a Permanent Home

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Department recognizes that the best interest of children require that they have
				safe, permanent, secure, and nurturing homes for healthy psychological and
				physical development in order to mature to stable adulthood. Whenever it is
				determined to be in the best interest of the child, the Department will make
				reasonable efforts to preserve family life and to stabilize children's homes
				and to assist in the solution of problems that are likely to result in the
				abuse, neglect or exploitation of children.
b) When children must be removed from a
				parent to reduce or prevent harm to the children and the other parent is not a
				placement option, the Department will make reasonable efforts to reunite
				families as quickly as is consistent with the children's best interests, safety
				and well-being. When children and parents cannot be reunited because the
				parents are unable or unwilling to care for the children and therefore cannot
				achieve the minimum parenting standards, the Department will make reasonable
				efforts to find other permanent homes for children in a timely fashion
				consistent with the child's sense of time and need for physical safety and
				emotional security.
c) When placing
				a sibling group, priority shall be given to a placement, whether related or
				unrelated, that can accept all of the members of the sibling group.
d) When placing a child who has siblings who
				are in substitute care, or were adopted or placed in private guardianship from
				the Department's care, priority shall be given first to placement with the
				child's siblings who are still in substitute care or who are in an adoptive
				placement or private guardianship.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 315 - PERMANENCY PLANNING › Subpart A - PRINCIPLES OF PERMANENCY PLANNING › Section 315.50 - Reasonable Efforts/Reasonable Progress

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department shall ensure and document
				that reasonable efforts were made to prevent or eliminate the need to remove a
				child from the child's home and to reunify the family when temporary placement
				of the child occurs. However, it may be that, due to the individual
				circumstances of the family and the child's best interests, safety and
				well-being, no efforts reasonably can be made to maintain the child in the
				child's home or to reunify the family. Reasonable efforts shall not be required
				if there exists any of the grounds for termination of parental rights as
				described in 89 Ill. Adm. Code 309 (Adoption Services for Children for Whom the
				Department of Children and Family Services Is Legally Responsible). Such a
				determination that no efforts reasonably can be made must be documented. If no
				efforts reasonably can be made to safely prevent or eliminate the need for
				removal of the child, the child shall be taken into protective custody. If no
				efforts reasonably can be made to reunify the family, the Department will seek
				alternative permanency planning that may involve termination of parental rights
				as described in 89 Ill. Adm. Code 309 (Adoption Services for Children For Whom
				the Department of Children and Family Services Is Legally
				Responsible).
b) Efforts by the
				Department or purchase of service agency to prevent or eliminate the need for
				removal of a child or to reunify a family must be accompanied by reasonable
				progress on the part of the child's parents. Reasonable progress by the parents
				is demonstrated by a change in the parental behaviors or circumstances that
				threaten the child's best interests, safety or well-being, and are the reasons
				why the Department is either considering removal of the child from the home or
				has removed the child from the home. Examples of reasonable progress or lack of
				progress by the parents are described in Section 315.400 (Evaluating Whether
				Children in Placement Should Be Returned Home). In the absence of such
				reasonable progress by the child's parents, it is not reasonable for the
				Department or purchase of service agency to continue efforts to preserve the
				family.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 315 - PERMANENCY PLANNING › Subpart A - PRINCIPLES OF PERMANENCY PLANNING › Section 315.60 - The Child's Sense of Time

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Department recognizes that children have a different sense of time than adults.
				What seems like a short family disruption or a brief separation to adults may
				be a very painful and intolerably long period for children. In general, younger
				children are less able to tolerate periods of separation than older children.
				For this reason, the Department shall act promptly using the best information
				available when dealing with children and their families.
b) The Department believes that aggressive
				planning with an emphasis on decisionmaking, followed by the actions needed to
				carry out those decisions, will secure permanent homes for children. Therefore,
				the Department requires permanency planning directed toward a permanency goal
				beginning from the earliest contacts with children and families. Through
				permanency planning the Department strives to assure that children are in
				permanent homes as quickly as is consistent with their safety and well-being,
				while recognizing the urgency caused by the child's sense of time.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 315 - PERMANENCY PLANNING › Subpart A - PRINCIPLES OF PERMANENCY PLANNING › Section 315.70 - The Critical Decisions

Current through Register Vol. 48, No. 28, July 12, 2024
Although all Department decisions affecting children and
				  families are important, the Department identifies the following decisions that
				  require approval of the casework supervisor, as the most critical ones
				  affecting children and families:
a)
				deciding whether services can prevent placement away from parents or primary
				parent figure or deciding whether to remove children from the home of parents
				or primary parent figure;
b)
				deciding whether to recommend the return of children to the home of parents or
				primary parent figure from a placement away from parents or primary parent
				figure;
c) deciding whether to
				decrease the frequency or the duration of parent and/or sibling visits with the
				child and whether the visits should be supervised;
d) deciding whether to release the name,
				address, and telephone number of the foster parent/relative caregiver to the
				parent and/or siblings placed apart;
e) deciding whether to change children's
				placements;
f) deciding whether to
				seek termination of parental rights and seek an alternate permanent
				home;
g) deciding if children are
				prepared for partial or total independence; or
h) deciding whether children shall be placed
				apart from siblings who are also placed in substitute care or who have been
				adopted or are in subsidized guardianship.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 315 - PERMANENCY PLANNING › Subpart A - PRINCIPLES OF PERMANENCY PLANNING › Section 315.80 - Components of the Permanency Planning Process

Current through Register Vol. 48, No. 28, July 12, 2024
a) 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 assured
				and Department-funded services terminated.
b) Activities that must occur as part of the
				permanency planning process include:
1) a
				diligent search for missing parents, when necessary;
2) an assessment as described in Section
				315.100;
3) worker intervention and contacts as
				described in Section
				315.110;
4) family meetings as described in Section
				315.120;
5) development and implementation of a
				service plan as described Section
				315.130;
6) selection of a permanency goal as
				described in Sections
				315.200
				through
				315.240;
7) the use of concurrent planning as
				described in Section
				315.245, when
				appropriate;
8) evaluating whether
				families are substantially fulfilling their obligations under the service plan
				and correcting the conditions that led to the placement of their children to
				enable the children to be returned home as described in Section
				315.300;
9) consideration of alternatives to
				reunification as described in Section
				315.305;
10) preparation for termination of Department
				services and aftercare planning as described in Section
				315.310;
				and
11) preparation for, attendance
				at, and participation in administrative case reviews, court hearings, and
				permanency hearings, as described in 89 Ill. Adm. Code 316 (Case Reviews and
				Court Hearings).
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 315 - PERMANENCY PLANNING › Subpart B - ASSESSMENT AND OTHER CASEWORK ACTIVITIES › Section 315.100 - Assessment

Current through Register Vol. 48, No. 28, July 12, 2024
Assessment consists of an initial assessment of a child and
				  family to determine whether a case should be opened and services delivered, a
				  comprehensive assessment to determine the needs of the family to provide the
				  appropriate intervention and services, and an ongoing assessment conducted
				  throughout the duration of time that the children and family are receiving
				  services. Initial assessment provides a baseline of family strengths and needs
				  by which a caseworker and supervisor can evaluate subsequent progress.
a) Initial Assessment
The initial assessment consists of a preliminary assessment
				  prior to case opening in order to:
1)
				assess the health and safety of the children to determine whether the child can
				safely remain in his or her current living arrangement;
2) identify the level of risk of harm to the
				children in the family, develop and implement a safety plan (if at any time the
				aggravating circumstances appropriate for expedited termination of parental
				rights exist, the worker shall immediately follow the instructions for
				expedited termination of parental rights contained in 89 Ill. Adm. Code 309
				(Adoption Services for Children for Whom the Department of Children and Family
				Services is Legally Responsible));
3) identify what interventions and services
				can be provided to address the causes of abuse and neglect, and assure a
				child's health and safety without placement;
4) identify any needs of an emergency nature,
				including food, shelter, and clothing;
5) identify whether the child is an Indian
				child as defined in 89 Ill. Adm. Code 307 (Indian Child Welfare
				Services);
6) begin to identify and
				preliminarily select placement resources that meet the placement selection
				criteria contained in 89 Ill. Adm. Code 301 (Placement and Visitation
				Services); and
7) identify any
				special communication needs the child may have, in addition to identifying the
				communication needs specified by the child's parents and/or legal
				guardians.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 315 - PERMANENCY PLANNING › Subpart B - ASSESSMENT AND OTHER CASEWORK ACTIVITIES › Section 315.110 - Worker Interventions and Contacts

Current through Register Vol. 48, No. 28, July 12, 2024
This Section applies to caseworker interventions and contacts
				  made during the delivery of child welfare services and does not include the
				  interventions and contacts required by child protective investigative staff
				  during the course of child abuse and neglect investigations. To meet any of the
				  intervention and contact requirements described in this Section with hearing
				  impaired clients or limited non-English speaking clients, the worker must be
				  able to facilitate communication using the client's primary mode of
				  communication (e.g., fluency in the client's language or the use of foreign or
				  sign language interpreters; e.g., Braille or taped communications for persons
				  with visual impairments, etc.).
a)
				Initial Intervention and Contact by Caseworker
1) The assigned caseworker or person assigned
				by the supervisor, if the assigned caseworker is unavailable, must attend the
				shelter care hearing in court.
2)
				The assigned caseworker must attempt face-to-face intervention and contact with
				the family in the home within five working days after the shelter care hearing
				or case assignment, whichever is earlier, unless the caseworker and supervisor
				believe, based upon the health, safety, and best interests of the child, that
				it is necessary to attempt contact sooner. If the family is unavailable, the
				caseworker shall make a second attempt within one working day after the failed
				attempt. If that attempt is also unsuccessful, the caseworker shall conduct a
				diligent search for the family.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 315 - PERMANENCY PLANNING › Subpart B - ASSESSMENT AND OTHER CASEWORK ACTIVITIES › Section 315.120 - Family Meetings

Current through Register Vol. 48, No. 28, July 12, 2024
Family meetings are a tool intended to engage the family in
				  the planning process. Therefore, caseworkers shall make intensive efforts to
				  persuade and encourage parents, including non-custodial parents, to attend the
				  family meetings, especially during the first 90 days, by explaining to them the
				  importance of the family meeting and of attending and cooperating with the
				  process. Casework staff should make every effort when planning family meetings
				  to be flexible and attempt as much as possible to schedule meetings at a time
				  and place where parents can attend, preferably in the parent's home. Staff
				  shall take into consideration parents' work schedules, transportation issues,
				  availability of interpreters (if the parents' primary language of communication
				  is other than English), and any other barriers that might prevent parents from
				  participating. Parents shall be reminded of the court admonishment to cooperate
				  with the Department and that refusal or chronic failure to attend family
				  meetings may be considered by the Department and the court as a lack of
				  reasonable progress. After reaching agreement with the parents on the date,
				  time, location, and participants of the family meeting, the caseworker shall
				  send a confirmation letter to the parents. Caseworkers shall document in the
				  case file all attempts to include parents in the family meetings. Failure to
				  attend family meetings shall also be documented in the case file.
a) Initial Family Meeting
1) The initial family meeting must occur in
				time to ensure submittal of the service plan to the juvenile court no later
				than 45 days after the child's placement and includes at a minimum:
A) the caseworker;
B) the child's custodial parents;
C) the non-custodial parent with the
				following conditions:
i) there is no danger of
				violence between the parents; and
ii) no confidential information concerning
				the custodial parent, such as mental health information, may be shared with the
				non-custodial parent, unless the custodial parent consents in writing to the
				sharing of such information as provided in 89 Ill. Adm. Code 431
				(Confidentiality of Personal Information of Persons Served by the Department of
				Children and Family Services). If the custodial parent does not consent to the
				release of confidential information, the meeting shall be conducted in
				segments, with the non-custodial parent excluded from any discussion that
				includes the information about the custodial parent that is
				confidential;
D) the
				casework supervisor.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 315 - PERMANENCY PLANNING › Subpart B - ASSESSMENT AND OTHER CASEWORK ACTIVITIES › Section 315.125 - Preservation of Sibling Relationships

Current through Register Vol. 48, No. 28, July 12, 2024
Whenever a child enters care or requires a new
				  placement, the Department shall consider the development and preservation of
				  sibling relationships
[20
				  ILCS 505/7.4(e) ]
.
The Department shall:
a) place
				children who come into its care with other siblings in substitute care in
				accordance with 89 Ill. Adm. Code
				301.70
				(Sibling Placement);
b) encourage
				the child to develop and maintain a relationship with his/her siblings placed
				apart in substitute care, still residing with a birth parent or who have
				attained adulthood, and include those siblings, when possible, in the Sibling
				Visitation and Contact Plan;
c)
				encourage the child to develop and maintain a relationship with any of his/her
				siblings who have been adopted or placed in legal guardianship as described in
				89 Ill. Adm. Code
				301.250
				(Sibling Visitation and Contact with Adopted Siblings and Siblings in Private
				Guardianship) and, when possible, develop a Post-Permanency Sibling Contact
				Agreement; and
d) encourage
				caregivers to actively support and nurture children in developing and
				preserving sibling relationships.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 315 - PERMANENCY PLANNING › Subpart B - ASSESSMENT AND OTHER CASEWORK ACTIVITIES › Section 315.130 - Developing the Case Plan

Current through Register Vol. 48, No. 28, July 12, 2024
Based on the information gathered during the assessment
				  process described in Section
				  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.
a)
				Purpose of the Case Plan
The case plan is a written plan that is established between
				  the Department and the children and family served, and any involved service
				  providers. The purpose of the case plan is to:
1) formulate goals for the child based on the
				child's needs for health, safety, and well-being that were identified during
				the assessment process;
2) identify
				what actions the family, the caseworker, caregiver, and others will take to
				meet the needs of the child and achieve permanency;
3) identify what additional interventions and
				services will be provided to the family, the caregiver, and the child in order
				to meet the child's needs and achieve permanency; and
4) ensure that the parents and children have
				frequent visitation and contact with one another, and that sibling groups
				develop and/or preserve their relationships.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 315 - PERMANENCY PLANNING › Subpart B - ASSESSMENT AND OTHER CASEWORK ACTIVITIES › Section 315.140 - Distributing the Service Plan

Current through Register Vol. 48, No. 28, July 12, 2024
Copies of the service plan shall be distributed in accordance
				  with the Department's rules on confidentiality (89 Ill. Adm. Code 431,
				  Confidentiality of Personal Information of Persons Served by the Department)
				  to:
a) the parents (unless parental
				rights have been terminated or the Department has filed a petition seeking the
				termination of parental rights);
b)
				the putative father, if he is participating in planning for the
				child;
c) the involved purchase of
				service providers, including the foster parents or relative home caretakers.
				Foster parents or relative home caretakers will receive copies of the child's
				portion of the service plan. Foster parents may be able to receive other
				portions of the service plan involving the child's family provided that the
				information being presented is essential for understanding the needs of and
				providing care to the child and the child's family acknowledges a positive
				relationship with the foster parents and gives consent in accordance with the
				consent provisions of 89 Ill. Adm. Code 431 (Confidentiality of Personal
				Information of Persons Served by the Department);
d) the child, if participating in the
				planning process;
e) appropriate
				Department staff;
f) the guardian
				ad litem and legal representative of the child; and
g) the Juvenile Court and all parties when
				the court has jurisdiction. The initial service plan must be submitted to the
				court no later than 45 days after a child's placement as required by Section
				2-10 of the Juvenile Court Act of 1987 [705 ILCS
				405/2-10 ]. In addition, the most current revised
				service plan prepared within the prior six months must be submitted to the
				court and all parties at least 14 days in advance of the next permanency
				hearing, as required by the Juvenile Court Act of 1987 [705 ILCS
				405/2-28.1].
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 315 - PERMANENCY PLANNING › Subpart B - ASSESSMENT AND OTHER CASEWORK ACTIVITIES › Section 315.150 - Revising the Service Plan

Current through Register Vol. 48, No. 28, July 12, 2024
The service plan shall be reviewed and revised, if
				  necessary:
a) when the current
				permanency goal is no longer appropriate;
b) when the current service plan does not
				address the child's or family's needs;
c) prior to each administrative or regular
				case review;
d) prior to each
				permanency hearing; and
e) when
				there are substantial changes in the family's circumstances.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 315 - PERMANENCY PLANNING › Subpart B - ASSESSMENT AND OTHER CASEWORK ACTIVITIES › Section 315.160 - Case Reviews and Court Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
An important part of the service planning process requiring
				  the caseworker's participation are the reviews and court oversights of the
				  efforts of the Department or its provider agency and the family toward
				  achieving the permanency goal. Decisions made by the court and by the
				  administrative case review system must be incorporated in the service plan.
				  Recommendations made by the administrative case review system or by the court,
				  if not specifically ordered by the court, shall be given careful consideration
				  by all the parties involved in the service planning process. The Department's
				  responsibilities with regard to case reviews and court hearings are described
				  in 89 Ill. Adm. Code 316 (Case Reviews, Court Hearings, and Permanency
				  Hearings). Purchase of service agencies are responsible for a case while it is
				  assigned to them. If they receive a case with deficiencies, they have 60 days
				  to bring the case into compliance with the requirements of this
				  Part.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 315 - PERMANENCY PLANNING › Subpart C - SELECTING THE PERMANENCY GOAL › Section 315.200 - Selection of the Permanency Goal

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Types of Permanency Goals
A permanency goal is the desired outcome of intervention and
				  service that is determined to be consistent with the health, safety, well-being
				  and best interests of the child. A description and the criteria for selection
				  of each of the goals are included in Sections
				  315.205
				  through
				  315.241.
				  The goals that may be selected for children placed apart from their families
				  are listed below followed in parentheses by the numerical code that is entered
				  into the Department's Child and Youth Centered Information System
				  (CYCIS):
1) return home within five
				months (21);
2) return home within
				12 months (22);
3) return home
				pending status hearing (23);
4)
				substitute care pending court determination on termination of parental rights
				(24);
5) adoption, provided that
				parental rights have been terminated or relinquished (25);
6) guardianship (26);
7) independence (27);
8) cannot be provided for in a home
				environment (28); or
9) continuing
				foster care (29).
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 315 - PERMANENCY PLANNING › Subpart C - SELECTING THE PERMANENCY GOAL › Section 315.205 - Return Home Within Five Months

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Description
The minor will be returned home by a specific date within
				  five months from the date of case opening or the court permanency hearing at
				  which the goal is set by the court.
b) Criteria for Selection
Returning home within five months should be established as
				  the permanency goal:
1) when on the
				basis of the current assessment and/or a history of service delivery, the
				parents are willing and able to correct the conditions that led to the child's
				removal from the home by a date within five months; and
2) when the child's best interests will be
				served by reunification within five months; or
3) when the goal has been ordered by the
				court.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 315 - PERMANENCY PLANNING › Subpart C - SELECTING THE PERMANENCY GOAL › Section 315.210 - Return Home Within One Year

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Description
The minor will be in short term care with a continued goal to
				  return home within a period not to exceed one year after the date of case
				  opening or the court permanency hearing and the progress of the parents is
				  substantial, giving particular consideration to the age and individual needs of
				  the minor.
b) Criteria for
				Selection
Returning Home within one year should be established as the
				  permanency goal when:
1) on the basis
				of the current assessment and family history, the parent is making substantial
				progress in correcting the conditions or behaviors necessitating the child's
				removal from the home; or
2) the
				parent was not initially cooperative with services, but is now progressing well
				in services; or
3) the parent is
				cooperating with services, but the need for services is so great that
				additional time is required; or
4)
				the goal has been ordered by the court.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 315 - PERMANENCY PLANNING › Subpart C - SELECTING THE PERMANENCY GOAL › Section 315.215 - Return Home Pending Status Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) Description
The minor will be in short-term care with a continued goal to
				  return home pending a status hearing. When the court finds that a parent has
				  not made reasonable progress to date, the court identifies what actions the
				  parent and the Department or purchase of service agency must take in order to
				  justify a finding of reasonable progress and sets a status hearing to be held
				  not earlier than nine months from the date of adjudication, nor later than 11
				  months from the date of adjudication, during which the parent's progress will
				  again be reviewed.
b)
				Criteria for Selection
This goal may only be selected by the court. It is selected
				  when:
1) the parents have not
				substantially fulfilled their obligations under the service plan and corrected
				the conditions that brought the child into care; and
2) nine months have not yet elapsed since
				adjudication.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 315 - PERMANENCY PLANNING › Subpart C - SELECTING THE PERMANENCY GOAL › Section 315.220 - Substitute Care Pending Court Determination on Termination of Parental Rights

Current through Register Vol. 48, No. 28, July 12, 2024
a) Description
The minor will be in substitute care pending a court's
				  determination on termination of the parental rights of the minor's
				  parents.
b) Criteria for
				Selection
Substitute care pending court determination on termination of
				  parental rights may be selected as a permanency goal when a decision has been
				  made to pursue termination of parental rights. This goal must be established
				  when:
1) A request for termination of
				parental rights has been filed with the court; or
2) The goal has been set by the court;
				or
3) The case successfully passes
				a legal screening conducted by the Department to determine whether sufficient
				grounds for termination of parental rights exist and whether it is in the best
				interest of the child to empower the guardian to consent to adoption;
				or
4) A State's Attorney decides
				that sufficient grounds for termination of parental rights exist and that it is
				in the best interest of the child to empower the guardian to consent to
				adoption.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 315 - PERMANENCY PLANNING › Subpart C - SELECTING THE PERMANENCY GOAL › Section 315.225 - Adoption

Current through Register Vol. 48, No. 28, July 12, 2024
a) Description
An adoptive home will be sought for the child.
b) Criteria for Selection
1) Adoption may be selected as the permanency
				goal when parental rights of both parents have been terminated or relinquished
				through:
A) adoptive surrenders; or
B) consents, including consents to adoption
				by a specified person; or
C) action
				by the court to terminate parental rights with the appointment of the
				Department as guardian with the power to consent to the child's adoption;
				or
D) death; and
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 315 - PERMANENCY PLANNING › Subpart C - SELECTING THE PERMANENCY GOAL › Section 315.230 - Guardianship

Current through Register Vol. 48, No. 28, July 12, 2024
a) Description
The guardianship of the minor will be transferred to an
				  individual or couple on a permanent basis provided that the return home goals
				  and the goal of adoption have been ruled out.
b) Criteria for Selection
Private guardianship may be selected as the permanency goal
				  when:
1) 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; or
2) ordered by the court.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 315 - PERMANENCY PLANNING › Subpart C - SELECTING THE PERMANENCY GOAL › Section 315.235 - Independence

Current through Register Vol. 48, No. 28, July 12, 2024
a) Description
The minor over age 15 will be in substitute care pending
				  independence.
b) Criteria
				for Selection
Independence may be selected as the permanency goal for a
				  minor over age 15:
1) provided that:
A) goals of return home, adoption, and
				guardianship have been ruled out; and
B) either an assessment has been made and the
				child has demonstrated the ability, capability, and willingness to care for him
				or herself, has become economically self-sufficient and/or is establishing a
				family of his or her own; or
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 315 - PERMANENCY PLANNING › Subpart C - SELECTING THE PERMANENCY GOAL › Section 315.240 - Cannot Be Provided for in a Home Environment

Current through Register Vol. 48, No. 28, July 12, 2024
a) Description
The minor will be in substitute care because he or she cannot
				  be cared for in a home environment due to extreme or complicated physical or
				  mental disabilities that cannot be sufficiently controlled in a home
				  environment, provided that goals of return home, adoption, and guardianship
				  have been ruled out.
b)
				Criteria for Selection
Substitute care when a home environment is not appropriate
				  may be selected as the permanency goal:
1) for those children who have an extreme or
				complicated physical or mental disability as diagnosed by a physician and/or
				psychiatrist and no responsible adult who is able and willing to care for the
				child has been identified. A few children, due to their disability, need
				continued care in an intermediate or skilled nursing facility, or in a child
				care institution, provided that goals for return home, adoption, guardianship,
				and independence have been ruled out; or
2) when ordered by the court.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 315 - PERMANENCY PLANNING › Subpart C - SELECTING THE PERMANENCY GOAL › Section 315.241 - Continuing Foster Care

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Description
The guardianship of the minor will remain with the Department
				  and the minor will be in continuing foster care if all other permanency goals
				  have been ruled out.
b)
				Criteria for Selection
Continuing foster care may be selected as the permanency goal
				  when:
1) the Department of Children
				and Family Services has custody and guardianship of the minor;
2) all other permanency goals have been ruled
				out based on the minor's best interest;
3) the court has selected the goal, having
				found compelling reasons to place the minor in continuing foster
				care;
4) the minor has lived with
				the relative or foster parent for at least one year; and
5) the relative or foster parent currently
				caring for the child is willing to provide, and capable of providing, the child
				with a stable and permanent environment for the foreseeable future.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 315 - PERMANENCY PLANNING › Subpart C - SELECTING THE PERMANENCY GOAL › Section 315.250 - Applicability of Reunification Services

Current through Register Vol. 48, No. 28, July 12, 2024
If the goal selected by the court is one of the reunification
				  goals, reunification services will continue to be provided to the parents for
				  this minor. If the court selects a goal other than a reunification goal,
				  parent-child visitation will continue to occur (unless parental rights have
				  been terminated), but all other services to the parents toward accomplishing
				  reunification for this child will cease. See 89 Ill. Adm. Code
				  302.40 for
				  a list of typical reunification services. If there are other children in the
				  home for whom the Department or purchase of service agency is providing
				  services, or other children in substitute care, those services will continue.
				  If there are no other children in the home or in Department custody, the
				  Department or purchase of service agency may provide information and referral
				  services to the parent.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 315 - PERMANENCY PLANNING › Subpart D - EVALUATION AND DECISIONMAKING › Section 315.300 - Evaluating Whether Children in Placement Should Be Returned Home

Current through Register Vol. 48, No. 28, July 12, 2024
a) When deciding
				whether to recommend to a court that children in placement should be returned
				home to their parents' care, the Department or purchase of service agency shall
				consider whether the parents have made reasonable progress in correcting the
				conditions that led to the removal of their children from the home. Reasonable
				progress on the part of the parents may include some or all of the following:
1) they have learned and demonstrated their
				ability to assure the health, safety and development of the child;
2) increased capacity to parent and to assure
				the child's health and safety as demonstrated by successful parent-child
				visits, appropriate involvement in more parental responsibilities (e.g.,
				doctor's appointments, parent-teacher conferences, group therapy, involvement
				in recreational activities, better financial management, etc.);
3) an ability to care for themselves so that
				they can meet the needs of the child;
4) an improvement in parental choices,
				decisions and relationships that lead to a safer and healthier environment for
				their children;
5) their
				participation in the recommended services and demonstration of change, such as
				improved parenting, participation in counseling sessions;
6) their acceptance of responsibility for
				maltreatment of the child and show of empathy for the impact of the effects of
				the maltreatment on the child;
7)
				they have learned to ask for and accept help;
8) a better understanding of themselves
				resulting in an ability to identify warning signs and ask for help;
9) the presence of an ongoing support network
				consisting of other family members, neighborhood or community, church,
				etc.;
10) demonstration of a
				willingness to develop a service plan that contains a plan for maintaining the
				safety of the child at home and an understanding of the merits of the
				plan.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 315 - PERMANENCY PLANNING › Subpart D - EVALUATION AND DECISIONMAKING › Section 315.305 - When Reunification Is Inappropriate

Current through Register Vol. 48, No. 28, July 12, 2024
If the parents fail to demonstrate reasonable progress in
				  correcting the conditions that led to the removal of the child within the time
				  frames required by the permanency goal of return home that was assigned by the
				  Department and/or the court, the following alternatives to return home shall be
				  discussed with the parents:
a)
				voluntary surrender of parental rights for purpose of freeing the child for
				adoption;
b) consent to the
				adoption of the child by a specified person;
c) involuntary termination of parental
				rights;
d) private
				guardianship;
e) continuing foster
				care.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 315 - PERMANENCY PLANNING › Subpart D - EVALUATION AND DECISIONMAKING › Section 315.310 - Termination of Services and Planning for Aftercare

Current through Register Vol. 48, No. 28, July 12, 2024
a) Planning for the termination of services
				is an integral part of all service planning. From its earliest contacts with
				children and families, the Department or purchase of service agency shall focus
				on when services to the children and families shall end. In addition, when the
				Department is legally responsible for a child, the Department or purchase of
				service agency shall also focus on when and how the child shall be discharged
				from the Department's custody or guardianship and what aftercare services will
				be provided.
b) If the child will
				be returned home from substitute care, the Department or purchase of service
				agency shall provide services for at least six months following return home of
				the child.
c) Prior to closing a
				case, the Department or purchase of service agency will:
1) conduct a review of the child's safety
				that includes:
A) a child safety and risk
				assessment protocol to include all members of the household, including a CANTS
				and LEADS check of all adults who reside or frequent the home; and
B) interviews with relatives, friends, or
				other persons who provide a support network for the family;
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 316 - ADMINISTRATIVE CASE REVIEWS AND COURT HEARINGS › Section 316.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Part is to describe the independent review
				processes required by federal and State law for the purpose of ensuring that
				children and families who receive services from the Department or its provider
				agencies have participation and periodic review to determine and ensure safety,
				well-being, and permanency.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 316 - ADMINISTRATIVE CASE REVIEWS AND COURT HEARINGS › Section 316.40 - Frequency of Administrative Case Reviews

Current through Register Vol. 48, No. 28, July 12, 2024
a) The first administrative case review shall
			 be conducted within six months after the temporary custody hearing.
b) Following the six month administrative
			 case review, administrative case reviews shall be conducted every six
			 months.
c) Additional
			 Administrative Case Reviews
1) The Office of
			 Administrative Case Review may schedule more frequent case reviews for the
			 following reasons:
A) the case requires more
			 than the scheduled six-month review. Such cases may be ones in which it is
			 important that follow-up to the recommendations made at the last administrative
			 case review is monitored. For example, cases for which concurrent planning, as
			 described in 89 Ill. Adm. Code 315 (Permanency Planning), is being
			 utilized;
B) the biological family
			 requests an administrative case review prior to the first six-month review;
			 or
C) cases of workers, teams,
			 offices, and purchase of service agencies are selected for special reviews
			 because those workers, teams, offices, and agencies are shown to be in
			 non-compliance with mandated requirements. Non-compliance of mandated
			 requirements may include, but is not limited to:
i) failure to establish and implement
			 procedures for assessment and service planning;
ii) failure to set and conduct family
			 meetings;
iii) failure to establish
			 or fully implement a Visitation and Contact Plan that is in the best interests
			 of the siblings; and
iv) failure to
			 comply with current and ongoing consent decrees.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 316 - ADMINISTRATIVE CASE REVIEWS AND COURT HEARINGS › Section 316.50 - Conduct and Participation at Administrative Case Reviews

Current through Register Vol. 48, No. 28, July 12, 2024
Administrative case reviews shall:
a) be convened by a professional staff member
			 from the Department's Division of Administrative Case Review;
b) include the worker and/or supervisor from
			 the Department and/or the substitute care provider agency that has case
			 responsibility for both the children and the family;
c) be open to the participation of the
			 children's parents and their representatives. However, if parents are known to
			 be violent and potentially dangerous to other participants in the review, they
			 will be excluded. If a petition seeking the termination of parental rights has
			 been filed, these parents will be invited to the review until a final decision
			 has been made on the petition;
d)
			 be open to the participation of children 12 years of age or older with
			 consideration given to the material in the review and the benefits of having
			 the child present. Younger children may attend if the caseworker and supervisor
			 determine that the child can benefit from participation in the review
			 process;
e) be open to the
			 participation of the foster parents or relative caregivers in the section of
			 the review for the child in their care. Foster parents or relative caregivers
			 may be able to participate in other segments of the review involving the
			 child's family provided that the information being presented at the review is
			 essential for understanding the needs of and providing care to the child. When
			 a positive relationship exists between the foster parent or relative caregiver
			 and the child's family, the child's family may consent to disclosure of
			 additional information [20 ILCS 520/1-9 ] in accordance with the consent
			 provisions of 89 Ill. Adm. Code 431 (Confidentiality of Personal Information of
			 Persons Served by the Department);
f) be open to the participation of the
			 child's guardian ad litem or legal representative;
g) be conducted in the office serving the
			 parent's county of residence, if known, unless the parent agrees to travel to
			 another office that is within the State of Illinois;
h) focus on the issues described in Section
			 316.30
			 (Administrative Case Review System); and
i) be recorded by a written report of their
			 findings.