Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 359 - AUTHORIZED CHILD CARE PAYMENTS › Section 359.2 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Child-care institution" means a private child-care
				institution, or a public child-care institution that accommodates no more than
				25 children, and is licensed or approved by the Department, meeting the
				standards established for the licensing. In the case of a child who has
				attained 18 years of age, the term shall include a supervised setting in which
				the individual is living independently. The term shall not include detention
				facilities, forestry camps, training schools, or any other facility operated
				primarily for the detention of children who are determined to be delinquent.
				(42 U.S.C.S.
				672(c)(2)(a)-(c))
"Child only standard of need" means the assistance standard for
				cases in which no adult member is included, as determined by the Illinois
				Department of Human Services.
"Children for whom the Department has legal responsibility"
				means children for whom the Department has temporary protective custody,
				custody or guardianship via court order, or whose parents have signed an
				adoptive surrender or voluntary placement agreement with the Department.
"Family preservation services" means those services provided to
				children and families who require social services to maintain the family unit
				intact.
"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) ]
"Foster care maintenance payments" means payments to cover the
				cost of (and the cost of providing) food, clothing, shelter, daily supervision,
				school supplies, a child's personal incidentals, liability insurance with
				respect to a child, reasonable travel to the child's home for visitation, and
				reasonable travel for the child to remain in the school in which the child is
				enrolled at the time of placement. In the case of institutional care, such term
				shall include the reasonable cost of administration and operation of such
				institution as are necessarily required to provide the items described herein,
				the same is also applicable in cases where a child placed in a foster family
				home or child-care institution is the parent of a child who is in the same home
				or institution and payments. (42 U.S.C.S.
				675(4)(a)-(b)).
"Foster family home" means the home of an individual or
				family:
that is licensed or approved by the state in which it
				is situated as a foster family home that meets the standards established for
				the licensing or approval; and
in which a child in foster care has been placed in the
				care of an individual who resides with the child and who has been licensed or
				approved by the state to be a foster parent:
who the Department of Children and Family Services
				deems capable of adhering to the reasonable and prudent parent
				standard;
who provides 24-hour substitute care for children
				placed away from their parents or other caretakers; and
who provides the care for no more than 6 children,
				except the Director of Children and Family Services, pursuant to Department
				regulations, may waive the numerical limitation of foster children who may be
				cared for in a foster family home for any of the following reasons to
				allow:
a parenting youth in foster care to remain with the
				child of the parenting youth;
siblings to remain together;
a child with an established meaningful relationship
				with the family to remain with the family; or
a family with special training or skills to provide
				care to a child who has a severe disability.
The family's or relative's own children, under 18 years
				of age, shall be included in determining the maximum number of children
				served.
[225 ILCS 10/2.17 ]
"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.
"Overpayment" means an amount paid for a service in excess of
				the actual incurred expenses or rate for that service or a payment for a
				service that is not rendered. This includes board payments for a child that
				continue after the child is no longer in the placement for which the payment is
				made.
"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.
"Qualified Residential Treatment Program" means a program
				that:
has a trauma-informed treatment model that is designed to
				address the needs, including clinical needs as appropriate, of children with
				serious emotional or behavioral disorders or disturbances and, with respect to
				a child, is able to implement the treatment identified for the child by the
				assessment of the child required under
				42 U.S.C.
				675a(c);
has registered or licensed nursing staff and other licensed
				clinical staff who:
provide care within the scope of their practice as defined by
				state law;
are on-site according to a trauma informed treatment model;
				and
are available 24 hours a day and 7 days a week;
to the extent appropriate, and in accordance with the child's
				best interests, facilitates participation of family members in the child's
				treatment program;
facilitates outreach to the family members of the child,
				including siblings, documents how the outreach is made (including contact
				information), and maintains contact information for any known biological family
				and fictive kin of the child;
documents how family members are integrated into the treatment
				process for the child, including post-discharge, and how sibling connections
				are maintained;
provides discharge planning and family-based aftercare support
				for at least 6 months post-discharge; and
is licensed in accordance with
				42 U.S.C.
				671(a)(10) and is accredited
				by any of the following independent, not-for-profit organizations:
The Commission on Accreditation of Rehabilitation Facilities
				(CARF)
The Joint Commission on Accreditation of Healthcare
				Organizations (JCAHO)
The Council on Accreditation (COA)
Any other independent, not-for-profit accrediting organization
				approved by the Secretary of Health and Human Services. (42 U.S.C.
				672(k)(4))
"Relative",
for purposes of placement of a
				child 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; or
is the spouse
, or party to a civil
				union,
of such a relative; or
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) ]
"Siblings" means children who have at least one parent in
				common. Children continue to be considered siblings after parental rights are
				terminated or after one or more of the children are adopted or placed in
				private guardianship, if they were in the custody or guardianship of the
				Department pursuant to Article II of the Juvenile Court Act of 1987 immediately
				prior to the adoption or guardianship. Step-siblings may be considered
				"siblings" when the children enter into substitute care together, have a
				positive relationship and share at least one parent in common.
"Substitute care services" means those services provided to
				children who require placement away from their families or private guardians.
				Substitute care includes foster family care, care provided in a relative home
				placement as defined in 89 Ill. Adm. Code
				301.80 (Relative Home
				Placement), care provided in a group home, care provided in a maternity center
				or a child care facility, mental health or other institution, and care provided
				in an independent living arrangement.
"Visitation" means face-to-face contact:
between parents and their children who are in substitute
				care;
between siblings in substitute care who are placed apart from
				one another; or
between siblings in substitute care with siblings who are not
				in substitute care (e.g., emancipated, case closed due to independence,
				adopted, placed in private guardianship, living in home of parent,
				etc.).