Illinois Administrative Code
Title 89 - SOCIAL SERVICES
Part 301 - PLACEMENT AND VISITATION SERVICES
Subpart A - PLACEMENT SERVICES
Section 301.40 - Legal Authority to Place
Universal Citation: 89 IL Admin Code ยง 301.40
Current through Register Vol. 48, No. 12, March 22, 2024
a) The Department shall not place children until it has the appropriate legal authority to do so. Such legal authority includes:
1) temporary protective custody in accordance
with the Abused and Neglected Child Reporting Act [325 ILCS 5 ];
2) adoptive surrender or consent to adoption
by a specified person in accordance with the Adoption Act [750 ILCS 50
];
3) custody or guardianship in
accordance with the Juvenile Court Act of 1987 [705 ILCS 405 ]; or
4) temporary custody with written consent of
the parents or, if the child is not in the custody of either parent, written
consent of the guardian or custodian of the child, in accordance with the
Children and Family Services Act [20 ILCS 505 ]. A written consent from a
parent, guardian or legal custodian requesting temporary placement services for
his or her children is known as a voluntary placement agreement. A voluntary
placement agreement may be entered into for a maximum of 60 days when it is in
the best interests of the children. A voluntary placement agreement requires
prior written approval of the administrator in charge of the Department region
or designee. A voluntary placement agreement may be renewed for an additional
60 days only with the prior non-delegable written approval of the administrator
in charge of the Department region.
b) When placing an Indian child, the Department shall comply with 89 Ill. Adm. Code 307 (Indian Child Welfare Services).
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