Current through Register Vol. 48, No. 12, March 22, 2024
a) A
child for whom the Department is legally responsible may be placed in the home
of a relative when the Department has reason to believe that the relative can
safely and adequately care for the child in the absence of formal licensing,
including training. In determining whether relative home placement is in the
best interests of the child, the placing worker shall consider the child's
prior relationship with the relative, the comfort level of the child with the
relative, and the extent to which the relative complies with the placement
selection criteria of Section
301.60(b).
b) The placing worker shall assess the
prospective relative caregiver's willingness to help and support children in
developing a relationship with their siblings, including siblings with whom the
children do not yet have a relationship, and recognize the value of preserving
family ties between siblings, including their need for stability and continuity
of relationships, and the importance of sibling contact in the development of
each child's identity. The worker shall document the results of this assessment
in the case record.
c) "Fictive
kin" and "godparents", as defined in Section
301.20, are considered
to be related to a child when the child is in the custody or guardianship of
the Department and in need of a substitute care placement. Unless otherwise
specified, the requirements in this Section pertaining to relative home
placements also apply to placement with persons that the parents or child have
identified as fictive kin or the child's godparents.
d) The placing worker shall emphasize to
prospective relative caregivers that it is preferable for children to be placed
together in one home. However, the placing worker may consider a plan for
placement with two or more relatives when the relatives indicate that they are
willing and able to develop, nurture and support sibling relationships. When it
is not possible to place all of the children together, the placing worker shall
encourage substitute caregivers to encourage and facilitate contact among the
siblings.
e) Obtaining Information
about Relatives
1) Child Entering Substitute
Care
A) The placing worker shall ask the
parents whether there is a non-custodial parent or if there are relatives who
may be positive placement resources or positive supports for the child. The
placing worker shall ask the parents and/or child to identify grandparents and
other relatives on both the maternal and paternal sides of the family. When the
child is able to understand that he/she will be entering substitute care, the
placing worker shall also ask the child, outside the presence of the parents or
any relative, about each relative named by the parent as a placement resource.
The placing worker shall document all identified relatives and shall not omit
from this list anyone named by the parent or child.
B) When considering a godparent as a
placement resource, the placing worker may identify the godparent/godchild
relationship by contacting one or both parents to confirm the fact that they
did, in fact, designate the person as the child's godparent. If the parents are
unavailable, the placing worker shall contact other close family members to
identify the relationship. When the child is able to understand, the child
shall also be asked to help identify his/her godparent. The placing worker must
determine that the godparent established a close and caring relationship with
the child prior to the child's placement with the godparent or is part of the
family support system (see subsection (g)). When family members are not
available or cannot confirm this relationship, and formal documentation is not
available, a person claiming to be the child's godparent may be considered for
placement as a fictive kin.
C) When
considering a fictive kin as a placement resource, the placing worker must
determine that the fictive kin established a close and caring relationship with
the child prior to the child's placement with the fictive kin or is part of the
family support system (see subsection (g)).
D) The placing worker shall contact the
persons identified by the parent and child to attempt to locate an immediate
placement for the child. The placing worker shall document each contact in a
contact note.
E) The assigned
Permanency Worker shall continue discussions with the parents and child about
any relatives who might be support resources for the child. The Permanency
Worker shall ask the child, outside the presence of the parents or any
relative, about each relative named by the parent as a placement
resource.
F) The Permanency Worker
shall attempt to locate and interview each person named by the parents or
child, within 5 days after case assignment, to determine his or her interest
and ability to be an appropriate placement resource or positive support for the
child. In these interviews, the Permanency Worker shall ask if the relative is
aware of other relatives of the child who should be contacted. The Permanency
Worker shall identify and contact all grandparents, all parents of a sibling of
the child (when the parent has legal custody of the sibling), and other adult
relatives identified by the family, even when an initial placement has been
made with a relative caregiver. If the relative cannot be contacted, the
Placing Worker shall document the reason the relative could not be contacted.
All interviews shall be documented in a contact note. When contacted by a
relative who the Permanency Worker has not already interviewed, the Permanency
Worker shall meet with or call the relative. The Permanency Worker shall
interview the relative and ask the relative to confirm how he/she is related to
the child. If a sibling group is involved, the relative shall be asked how
he/she is related to each of the children.
G) The Permanency Worker shall send a written
notice, via U.S. Mail, to each identified relative, informing the relative that
a court order was issued for the child to be removed from the custody of the
child's parents and placed in the custody of the Department of Children and
Family Services. The written notice shall identify the child by first name,
gender and age only. At initial placement, this written notice shall be sent
within 30 days after obtaining protective custody. In all other circumstances,
written notice shall be sent within 7 days after obtaining the relative's
postal contact information. This notice shall not be sent to a relative for
whom there is a police report, indicated finding or court finding of family or
domestic violence. The Permanency Worker shall obtain a copy of the police
report, indicated finding or court finding and place it in the
record.
H) If the child does not
know, trust or feel safe with a person named by the parent or identified as a
relative, the placing worker shall not place the child with that person. The
placing worker and supervisor shall convene a supervisory staffing to discuss
the child's feelings and determine and validate the child's concerns. The
supervisor shall make a Critical Decision regarding placement of the child with
that relative and document the decision in a supervisory note.
I) Throughout the life of the case, the
Permanency Worker shall continue to collect information about other relative
supports and connections as that information becomes available, in order to
develop a network of individuals who commit to support the family toward
reunification and ensure the children do not linger in foster care.
2) Children in Substitute Care
Requiring Change of Placement
A) The placing
worker for the child shall continue to have discussions with the parents about
relatives who may be willing to be positive placement resources for the child.
When the child is able to understand, the placing worker shall also ask the
child, outside the presence of the parents or any relative, about any relatives
who might be support resources for the child and about any relative named by
the parent as a placement resource.
B) When considering a godparent as a
placement resource, the placing worker may identify the godparent/godchild
relationship by contacting one or both parents to confirm the fact that they
did, in fact, designate the person as the child's godparent. If the parents are
unavailable, the placing worker shall contact other close family members to
identify the relationship. When the child is able to understand, the child
shall also be asked to help identify his/her godparent. The placing worker must
determine that the godparent established a close and caring relationship with
the child prior to the child's placement with the godparent or is part of the
family support system (see subsection (g)). When family members are not
available or cannot confirm this relationship, and formal documentation is not
available, a person claiming to be the child's godparent may be considered for
placement as a fictive kin.
C) When
considering a fictive kin as a placement resource, the placing worker must
determine that the fictive kin established a close and caring relationship with
the child prior to the child's placement with the fictive kin or is part of the
family support system (see subsection (g)).
D) The placing worker shall contact all
relatives identified by the parents or child, as well as any others previously
contacted who expressed interest in being a placement resource. The placing
worker shall reconsider any relative who expressed an interest in being a
placement resource or, if previously considered, asks to be reconsidered for
placement, as the circumstances of the relative or the child may have changed.
Each contact shall be documented in a contact note.
f) The placing worker shall inform
prospective relative caregivers that they may be contacted in the future
regarding placement of the siblings of a child who may subsequently require
placement, or contact with siblings in other living arrangements or living
independently.
g) Assessing
Relatives as Placement Resources
When assessing a relative as a placement resource, the
placing worker shall also consider:
1)
The best interests of the child as defined in Section 1-3 of the Juvenile Court
Act [
705 ILCS 405/1-3
];
2) The nature and quality of the
relative's relationship with the child. This includes the length of time the
child has been in care and whether this relative has been part of the child's
life during that time;
3) The
relative's ability to protect the child from abusive parents and/or his or her
own risk behaviors;
4) The
relative's ability to understand the needs of the child and family and the
indicated findings and court findings that have been made with regard to the
child and family;
5) Whether the
relative was involved with the family dynamics that led to the removal of the
child from his/her parents;
6) The
relative's role, if any, in resolving or intervening in the present
situation;
7) The relative's
willingness to work with the Permanency Worker and the Child and Family Team in
implementing the Family Service Plan;
8) The relative's willingness to work towards
the permanency goal and accept necessary services;
9) Adequacy of personal supports to ensure
the relative's ability to care for and meet the child's identified
needs;
10) In cases involving
domestic violence, mental health and/or substance abuse, how placement with the
relative supports the ability of the parents to meet the requirements of the
service plan and/or have safe contact with the child; and
11) If siblings are being placed together and
one of the siblings does not trust or feel safe with the relative, the placing
worker shall ask the child (when verbal), outside the presence of the parents
and any relative, about the relative.
h) No child under age 18 for whom the
Department is legally responsible shall be placed with a relative unless the
conditions for placement specified in this Section have been met prior to
placement of the child with the relative. Staff of the placing agency shall
meet with the relative and ascertain that the relative meets the following
conditions for placement and signs an agreement to that effect. The relative:
1) will care for no more than the number of
children consistent with the number and ages of children permitted in a
licensed foster family home (89 Ill. Adm. Code 402, Licensing Standards for
Foster Family Homes);
2) is willing
and capable of protecting the children from harm by the parents or any other
person whose actions or inactions allegedly threatened the children's safety or
well-being as determined by a child abuse or neglect investigation pursuant to
the Abused and Neglected Child Reporting Act [ 325 ILCS 5 ];
3) agrees not to transfer physical custody of
the children to anyone, including parents or other relatives, unless previously
authorized in writing by the Department;
4) agrees not to allow the indicated or
alleged perpetrators of abuse or neglect to reside in the relative's home
unless previously authorized in writing by the Department;
5) agrees to notify the Department of any
changes in the household composition;
6) agrees to notify the Department of any
change of address prior to moving;
7) agrees to seek the prior written consent
of the Department for non-emergency medical, psychological or psychiatric
testing or treatment;
8) agrees to
take the children out of state only if previously authorized in writing by the
Department;
9) agrees to abide by
any conditions or limitations on the parent-child visitation plan;
10) is willing to cooperate with the agency,
the children's parents and other resource persons to help develop and achieve
the permanency goal recorded in the children's service plan;
11) agrees to adequately supervise the
children so they are not left in situations or circumstances which are likely
to require judgment or actions greater than the child's level of maturity,
physical condition, and/or mental abilities would reasonably dictate;
12) agrees not to subject the child to
corporal punishment, verbal abuse, threats, or derogatory remarks about the
child or the child's family;
13)
agrees that any and all firearms and ammunition shall be locked up at all times
and kept in places inaccessible to children. No firearms possessed in violation
of a State or federal law or a local government ordinance shall be present in
the home at any time; and
14)
agrees to sign, and have all members residing in the home age 18 and over sign,
an authorization for a criminal background check and agrees to be fingerprinted
no later than 30 days after the placement for a child placement
decision.
i) Prior to
placement with a relative, staff of the placing agency shall visit the home of
the proposed caregiver and shall determine whether the following conditions for
placement are met:
1) background checks of
the Child Abuse Neglect Tracking System (CANTS) as required by 89 Ill. Adm.
Code 385 (Background Checks) and a check of the Statewide Child Sex Offender
Registry have been completed on all adult members of the household and children
age 13 and over, communicated to the supervising agency prior to placement, and
appropriate decisions made. If a report of abuse or neglect exists, staff of
the placing agency have made appropriate decisions whether the child should be
placed with the relative based on the following considerations:
A) the type of indicated abuse and
neglect;
B) the age of the
individual at the time of the report;
C) the length of time that has elapsed since
the most recent indicated report;
D) the relationship of the report to the
ability to care for the related children; and
E) evidence of successful
parenting;
2) a check of
the Law Enforcement Agency Data System (LEADS) on all adult members of the
household and children age 13 and over is completed prior to placement of the
related children. If the results of the LEADS check identify prior criminal
convictions listed in Appendix A for any adult member of the household,
children shall not be placed in the relative's home unless a waiver has been
granted in accordance with the requirements of Appendix A;
3) the home is free from observable
hazards;
4) prescription and
non-prescription drugs, dangerous household supplies, and dangerous tools are
stored in places inaccessible to children;
5) any and all firearms and ammunition are
locked up at all times and kept in places inaccessible to children;
6) basic utilities (water, heat, electricity)
are in operation;
7) sleeping
arrangements are suitable to the age and sex of the children;
8) meals can be provided daily to the related
children in sufficient quantities to meet the children's nutritional
needs;
9) supervision of the
related children can be assured at all times, including times when the relative
is employed or otherwise engaged in activity outside of the home;
10) the relative can provide basic
necessities for themselves and their own children;
11) the relative can access health care and
provide necessary in-home support for any health care needs of the related
children;
12) no member of the
household appears to have a communicable disease that could pose a threat to
the health of the related children or an emotional or physical impairment that
could affect the ability of the caregiver to provide routine daily care to the
related children or to evacuate them safely in an emergency;
13) there is no evidence of current drug or
alcohol abuse by any household member as determined by the placing agency's
observations and statements provided by the relative;
14) the relative has the ability to contact
the agency, if necessary, and the ability to be contacted;
15) the relative has immediate access to a
telephone when the related child has medical or other special needs;
16) the relative shall cooperate with the
supervising agency's educational and service plan for the child;
17) the relative is able to communicate with
the child in the parent's or child's preferred language.
j) Address Supervision and Discipline with
Relative Caregivers
1) At the initial visit,
and at each subsequent home visit, the placing worker or permanency worker is
required to discuss with the relative caregiver the importance of always using
age-appropriate supervision and discipline that meet the child's identified
needs. Caregivers are prohibited from using corporal punishment. The discussion
must include information about trauma-based reactive behaviors and should
emphasize the negative effects that result from the use of corporal punishment,
as well as use of derogatory or demeaning language towards the child or his/her
family members.
2) To ensure that
relative caregivers understand their responsibility to provide adequate
supervision of the children in their home, Permanency Workers are also required
to discuss supervision during monthly home visits.
k) Fictive Kin: Requirement to Apply for
Licensure
1) A fictive kin with whom a child
is placed shall apply for licensure as a Home of Relative (HMR) foster family
home within 6 months after the child's placement with the fictive
kin.
2) A child may not be removed
from the home of a fictive kin solely on the basis that the fictive kin failed
to apply for licensure as an HMR foster family home within 6 months after the
child's placement in the home, or failed to attain an HMR foster family home
license. However, a fictive kin who fails to apply for or obtain an HMR foster
family home license shall at all times be in compliance with 89 Ill. Adm. Code
301.80 (Relative Home Placement).
l) Within 90 days after initial placement of
a relative child, a placement decision shall be determined by a supervisor of
the placing agency based on the assessment criteria and conditions for
placement listed in subsections (d), (e) and (f). The placement decision shall
also consider the results of a criminal background check of all persons 18
years and older who are living in the home and whether continued placement with
that relative is in the best interests of the child.
m) Prior to or concurrent with placement in a
relative's home, staff of the placing agency shall document, on the form
prescribed by the Department, that the conditions for placement prescribed by
this Section have been met.
n) The
supervising agency shall reassess the appropriateness of the relative home
placement on an on-going basis and at least prior to each administrative case
review or at any point the supervising agency has reason to believe the
relative caregiver can no longer safely or adequately care for the children.
Appropriateness is determined by ongoing reassessment of the best interests of
the child and the relative as a placement resource, as required in subsection
(g), and the extent to which the home is in compliance with the conditions
described in subsections (h) and (i) and by an evaluation of the continued
safety of the children, including an evaluation of any pending criminal charges
against any adult members of the household.
o) The Department may, after providing notice
as required by 89 Ill. Adm. Code 337 (Service Appeal Process), move the child
to another placement if the Department determines, based on the consideration
and assessment of the safety and well-being of the child, the child's
permanency goal, and the best interests or special needs of the child, that an
alternative placement is necessary.
p) Only placements in licensed foster family
homes receive the foster care payment rate. Relatives who care for children for
whom the Department is legally responsible are encouraged to apply for
licensure as a foster family home in accordance with the requirements of 89
Ill. Adm. Code 402 (Licensing Standards for Foster Family Homes). When a
relative is licensed under Part 402, the relative will receive the established
foster care payment rate appropriate for the number and ages of foster children
placed in care. Relatives who are unlicensed receive the child only standard of
need.