IllinoisHB4966104th General Assembly (2025–2026)HouseWALLET

DCFS-SECURE ACT

Sponsored By: Sponsor information unavailable

Became Law

Summary

Provides that the Act may be referred to as the Safeguards to Ensure Continuity and Uphold Rights and Equity (SECURE) Act. Sets forth several legislative findings, including that (i) Illinois retains a non-delegable duty to safeguard the safety, health, dignity, and well-being of all youth in the care or custody of the Department of Children and Family Services, and (ii) the Department must respect and meaningfully consider a youth's expressed preferences in placement options while conducting transparent, individualized risk assessments. Amends the Children and Family Services Act. Adds provisions concerning case plans for youth in care and the specific tasks and responsibilities a caregiver must complete to ensure each youth is provided with safe, proper, and supportive care based on the youth's needs and best interests, including, but not limited to, the youth's protected characteristics as defined under the Illinois Human Rights Act. Contains provisions concerning requirements for interstate placements of youth age 8 or older, including, but not limited to: protecting a youth's access to lawful health care and civil immunities for Department employees who protect a youth's access to lawful health care; individualized assessments on the suitability and risks of the proposed interstate placement; ongoing Illinois-based case worker contact and monitoring; and a prohibition on consent to conversion therapy. Contains provisions on youth requested in-state or out-of-state placement and other related matters; annual Department reports on out-of-state placements; performance audits; private right of action; and other matters. Amends the Child Care Act of 1969 by adding provisions on supportive care for youth in care; youth-directed placement rights; licensure and contractual compliance. Amends the Juvenile Court Act of 1987. Adds provisions on the appointment of an attorney for a youth in care with special needs; required Department attestations on caregiver conduct when a youth is placed in an out-of-state residential treatment center; assessments and monitoring for minors in out-of-state placements; and other matters. Effective July 1, 2027.

adoption & child welfareassignmentsjudiciary

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Bill Overview

Analyzed Economic Effects

16 provisions identified: 11 benefits, 1 costs, 4 mixed.

Stronger rights and faster hearings for youth

The law bans staff, providers, and caregivers from harassing or discriminating against a youth or forcing disclosure of sensitive identity details without clear consent. DCFS cannot place or keep a child with a provider who will not follow conduct rules unless the child clearly supports it; DCFS must record support and allow the child to withdraw it. If a child wants to attend a hearing about an alleged rights violation, DCFS must help the child be there. Courts must hold a hearing within 10 days when there is a claim a direct‑care worker violated a child’s rights.

Safer out-of-state placements for kids

Beginning January 1, 2028, DCFS must do an individualized assessment before placing a child age 8 or older out of state and give the assessment to the child’s attorney within 10 days. If unfixable risks exist, DCFS cannot say the placement is in the child’s best interest unless the child clearly supports it; DCFS must record the child’s preference and not share any lack of support with providers. DCFS may still place despite unfixable risk only if it is in the child’s best interest, the child clearly supports it, DCFS explains the risks, and the child can consult an attorney. When a child placed before age 8 turns eight and the placement was found risky, DCFS must confirm the child’s wishes and act if the child objects. Courts must approve any out-of-state residential treatment center, finding it is best for the child and least restrictive, after DCFS shows in‑state efforts, family impact plans, safety assurances, licensing history (if allowed), assessment findings, and the child’s preferences. For other out‑of‑state placements of children age 8+, DCFS must report to the court on set timelines (for example, 5 days before an ICPC request, 10 days before a non‑ICPC move, within 15 days after certain approvals, or within 60 days after a child turns eight); the court appoints an attorney when notified. For earlier placements that continue, certain reporting starts March 1, 2028.

Tighter limits on reunification and custody

If the court sets a permanency goal other than return home within 5 months, short‑term care with a one‑year return goal, or short‑term care pending a status hearing, DCFS stops reunification services (with a narrow exception in paragraph (F)). After a child is adjudicated neglected, abused, or dependent, custody cannot be restored unless home care is safe and it is in the child’s best interest. If a parent’s acts or omissions caused the harm, DCFS must investigate and the court must hold a hearing and find the parent fit before custody can be restored. This restoration rule takes effect January 1, 2028.

Stricter rules when parents regain custody

When a parent, guardian, or custodian asks to regain custody after a physical abuse finding, the court checks their past charges and convictions. Starting January 1, 2028, state agencies must share requested information with the court’s agent for these investigations. If custody is restored, parents must follow a DCFS aftercare plan or risk losing custody or even termination of rights. The parent must get the investigation findings before the fitness hearing and can challenge them. The court can also order DCFS assessments and monitoring during private‑guardianship return cases and for out‑of‑state restorations when ICPC is refused, effective January 1, 2028.

Court checks and fair process for guardians

Courts can require reports from a legal custodian or guardian and, after a hearing, may replace them or restore custody, except when the child was found neglected, abused, or dependent. A guardian or custodian cannot be removed without notice and a chance to be heard. This takes effect January 1, 2028. When a person turns 18 and the guardian petitions to end guardianship, it ends 30 days after the court gets the petition unless the court orders otherwise. This also starts January 1, 2028.

Foster cases: regular hearings and reports

If a child is in DCFS custody, the court holds permanency and Successful Transition to Adulthood hearings. The first permanency hearing is within 12 months of temporary custody (or 30 days after rights end), then every 6 months; parties get the latest service plan at least 14 days before. DCFS and any court‑appointed guardian or custodian must file updated case plans every 6 months. Agencies with guardianship must file a review petition within 18 months and every 18 months after; the clerk mails certified 10‑day notice unless waived. If the court cites a guardian, they must report within 10 days, in writing or under oath.

Stronger remedies for child rights violations

If a hearing starts and a child has no lawyer, the court appoints one. When the court finds a staff person violated a child’s rights, it writes findings and can order monitoring, refer the case to the Inspector General, and require fixes. The court can also order services, change plans or placements on a timeline, require investigations, and direct clinicians’ recommendations to be followed. Any known or suspected violation must be reported right away to the Inspector General, the court, the child’s lawyer, and the guardian ad litem, and treated as a significant event. Wards can enforce their rights by asking the court to order a public agency to act (mandamus).

Stronger DCFS investigations and record privacy

Starting January 1, 2028, the DCFS Inspector General can access needed records and staff, visit foster homes and facilities, coordinate with quality assurance, and serve as the main contact with State Police for suspected crimes. The IG can subpoena witnesses and documents; refusing a subpoena or lying is a Class A misdemeanor. Records from restoration investigations are confidential under Section 5‑150.

Provider compliance and public reporting rules

As of January 1, 2028, foster homes, group homes, residential centers, and agencies must follow specified child‑rights sections to keep a license or contract; DCFS can deny or end placements or take licensing action for violations. Starting January 1, 2028 and every year, DCFS posts data on out‑of‑state placements by age, gender, placement type, and state, plus a list of facilities and whether they are secure. Beginning January 1, 2029 and annually, DCFS posts anonymized lists of significant event reports and enforcement actions, with methods, data limits, and any exclusions. For reports received on or after January 1, 2028, the Inspector General investigates misconduct, reports counts and types of violations, and issues yearly summaries. On or after January 1, 2031, the Auditor General begins a performance audit of DCFS compliance.

Courts can change plans and goals

The court can set continuing foster care only if strict conditions are met, such as one year with the caregiver and written compelling reasons. If services in a case plan will not meet the permanency goal, the court orders DCFS to file a new or revised plan within 45 days.

Oversight of placements and treatment

DCFS may move a child to protect health or safety, with at least 10 days’ written notice, or immediate notice if staying is an imminent risk. If a child stays in a shelter over 30 days, in a hospital past medical need, or in detention only due to no placement, the agency must report to the court within 15 days. Within 30 days of placing a child in a qualified residential treatment program, DCFS files a report; the court holds a hearing within 20 days of the report and no later than 60 days from placement to approve or disapprove. At each later hearing, DCFS must show the program is the least restrictive proper setting, list treatment needs and length, show reunification work, and life‑skills efforts; starting July 1, 2025 it must also document ongoing family‑finding.

Stronger rules on relative placements

A child may be placed with a not‑yet‑certified relative if all adults in the home pass background checks and the home is safe. Placement is barred if LEADS shows a prohibited conviction, unless a waiver is granted. Starting July 1, 2025, courts review the ongoing family‑finding plan and can order changes if it is not in the child’s best interest. Beginning January 1, 2028, for youth 13 or older not in a likely permanent placement three years after rights ended, DCFS must try to locate the terminated parents unless the court finds it futile or against the child’s interests. DCFS must notify located adult relatives about care options, and if it denies a relative placement, it must document why, explain reconsideration, and carry the burden in any appeal.

Better case plans and parent participation

DCFS must create a case plan for each child in placement and review it every six months. Incarcerated parents can join plan reviews by phone or video. Plans must list tasks for caregivers and service providers to help stabilize the family.

Tighter rules on sharing kids’ identity with federal agencies

DCFS shares a child’s sensitive identity information with the federal government only when required by law or court order. It must limit and de‑identify the data, tell the child who received it when legally allowed, document the steps, and require contractors to do the same. Some limits start as early as September 1, 2026 (or December 1, 2026 if later). The broader section takes effect January 1, 2028.

Updated child welfare definitions and terms

The law updates key definitions such as caregiver, relative caregiver, sensitive identity information, and youth in care. Section 4d changes take effect on or after September 1, 2026 if the Act is effective by then; otherwise on or after December 1, 2026.

Privacy and data safeguards for youth

Starting January 1, 2028, DCFS tells a child before asking questions that may reveal sensitive identity details, or informs them within 14 days if it was already shared. From January 1, 2028, case plans must have child‑specific notes, and sensitive details cannot go in a sibling’s or family summary unless truly needed for safety, placement, or permanency. By January 1, 2028, DCFS limits system access to sensitive fields to staff with a documented need and, where possible, separates those fields. De‑identified, aggregated data with safeguards is not treated as sensitive; contracts must ban re‑identifying or aggregating non‑de‑identified child data. Staff, providers, and caregivers must give supportive care and follow privacy‑protective documentation rules.

Sponsors & Cosponsors

Sponsors

There is no primary sponsor on record.

Cosponsors

  • Aarón M. Ortíz

    Affiliation unavailable

  • Adriane Johnson

    Affiliation unavailable

  • Amy Briel

    Affiliation unavailable

  • Angelica Guerrero-Cuellar

    Affiliation unavailable

  • Ann M. Williams

    Affiliation unavailable

  • Anna Moeller

    Affiliation unavailable

  • Anne Stava

    Affiliation unavailable

  • Bob Morgan

    Affiliation unavailable

  • Camille Y. Lilly

    Affiliation unavailable

  • Carol Ammons

    Affiliation unavailable

  • Celina Villanueva

    Affiliation unavailable

  • Curtis J. Tarver, II

    Affiliation unavailable

  • Dagmara Avelar

    Affiliation unavailable

  • Daniel Didech

    Affiliation unavailable

  • David Koehler

    Affiliation unavailable

  • Debbie Meyers-Martin

    Affiliation unavailable

  • Edgar González, Jr.

    Affiliation unavailable

  • Elgie R. Sims, Jr.

    Affiliation unavailable

  • Emil Jones, III

    Affiliation unavailable

  • Eva-Dina Delgado

    Affiliation unavailable

  • Javier L. Cervantes

    Affiliation unavailable

  • Jawaharial Williams

    Affiliation unavailable

  • Jehan Gordon-Booth

    Affiliation unavailable

  • Jennifer Gong-Gershowitz

    Affiliation unavailable

  • Justin Slaughter

    Affiliation unavailable

  • Karina Villa

    Affiliation unavailable

  • Kelly M. Cassidy

    Affiliation unavailable

  • Kimberly A. Lightford

    Affiliation unavailable

  • Lakesia Collins

    Affiliation unavailable

  • Laura Faver Dias

    Affiliation unavailable

  • Laura M. Murphy

    Affiliation unavailable

  • Lisa Davis

    Affiliation unavailable

  • Margaret A. DeLaRosa

    Affiliation unavailable

  • Mary Beth Canty

    Affiliation unavailable

  • Mary Edly-Allen

    Affiliation unavailable

  • Mattie Hunter

    Affiliation unavailable

  • Maura Hirschauer

    Affiliation unavailable

  • Maurice A. West, II

    Affiliation unavailable

  • Michael Crawford

    Affiliation unavailable

  • Michelle Mussman

    Affiliation unavailable

  • Mike Porfirio

    Affiliation unavailable

  • Mike Simmons

    Affiliation unavailable

  • Nicolle Grasse

    Affiliation unavailable

  • Norma Hernandez

    Affiliation unavailable

  • Rachel Ventura

    Affiliation unavailable

  • Rita Mayfield

    Affiliation unavailable

  • Robert "Bob" Rita

    Affiliation unavailable

  • Sara Feigenholtz

    Affiliation unavailable

  • Sharon Chung

    Affiliation unavailable

  • Sonya M. Harper

    Affiliation unavailable

  • Stephanie A. Kifowit

    Affiliation unavailable

  • Suzanne M. Ness

    Affiliation unavailable

  • Theresa Mah

    Affiliation unavailable

  • Tracy Katz Muhl

    Affiliation unavailable

  • Will Guzzardi

    Affiliation unavailable

  • Yolonda Morris

    Affiliation unavailable

Roll Call Votes

All Roll Calls

Yes: 211 • No: 108

House vote 5/31/2026

Senate Committee Amendment No. 1 House Concurs

Yes: 75 • No: 40

House vote 5/30/2026

Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Adoption & Child Welfare Committee;

Yes: 8 • No: 4

Senate vote 5/29/2026

Third Reading - Passed;

Yes: 35 • No: 19

Senate vote 5/13/2026

Do Pass as Amended Judiciary;

Yes: 6 • No: 3

House vote 4/16/2026

House Floor Amendment No. 1 Recommends Be Adopted Adoption & Child Welfare Committee;

Yes: 8 • No: 4

House vote 4/16/2026

Third Reading - Standard Debate - Passed

Yes: 71 • No: 34

House vote 3/24/2026

Do Pass / Short Debate Adoption & Child Welfare Committee;

Yes: 8 • No: 4

Actions Timeline

  1. Public Act . . . . . . . . . 104-0559

    7/10/2026House
  2. Effective Date July 10, 2026

    7/10/2026House
  3. Governor Approved

    7/10/2026House
  4. Sent to the Governor

    6/26/2026House
  5. Added as Alternate Co-Sponsor Sen. Elgie R. Sims, Jr.

    6/1/2026Senate
  6. Passed Both Houses

    5/31/2026House
  7. House Concurs

    5/31/2026House
  8. Senate Committee Amendment No. 1 House Concurs 075-040-000

    5/31/2026House
  9. Added Co-Sponsor Rep. Debbie Meyers-Martin

    5/31/2026House
  10. Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Adoption & Child Welfare Committee; 008-004-000

    5/30/2026House
  11. Added as Alternate Co-Sponsor Sen. Adriane Johnson

    5/29/2026Senate
  12. Added as Alternate Co-Sponsor Sen. Mary Edly-Allen

    5/29/2026Senate
  13. Senate Committee Amendment No. 1 Motion to Concur Rules Referred to Adoption & Child Welfare Committee

    5/29/2026House
  14. Senate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee

    5/29/2026House
  15. Senate Committee Amendment No. 1 Motion Filed Concur Rep. Kelly M. Cassidy

    5/29/2026House
  16. Added as Alternate Co-Sponsor Sen. Javier L. Cervantes

    5/29/2026Senate
  17. Placed on Calendar Order of Concurrence Senate Amendment(s) 1

    5/29/2026House
  18. Arrived in House

    5/29/2026House
  19. Added as Alternate Chief Co-Sponsor Sen. Sara Feigenholtz

    5/29/2026Senate
  20. Third Reading - Passed; 035-019-000

    5/29/2026Senate
  21. Rule 2-10 Third Reading Deadline Established As May 31, 2026

    5/22/2026Senate
  22. Added as Alternate Co-Sponsor Sen. Karina Villa

    5/21/2026Senate
  23. Added as Alternate Co-Sponsor Sen. Kimberly A. Lightford

    5/20/2026Senate
  24. Added as Alternate Co-Sponsor Sen. Emil Jones, III

    5/19/2026Senate
  25. Added as Alternate Co-Sponsor Sen. Laura M. Murphy

    5/19/2026Senate

Bill Text

  • Engrossed

  • Enrolled

  • House Amendment 1

  • Introduced

  • Senate Amendment 1

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