Illinois Administrative Code

Section 301.310 Purpose The purpose of this Subpart is to comply with Federal requirements by establishing the Department's goal for the maximum number of children who will remain in Federally funded foster care after having been in such care for a period in excess of 24 months. …

Section 301.320 Foster Care Placement Goal The Department of Children and Family Services has set the following percentage goal which is applicable at any time during each Federal Fiscal Year. A maximum of 60% of all children receiving Aid to Families With Dependent Children unde…

Section 301.330 Plans to Achieve This Goal a) In order to achieve this goal, the Department shall observe the necessary prerequisites of client service planning set forth in 89 Ill. Adm. Code 305, Client Service Planning, in providing the child welfare services described in 89 Il…

Section 301.4 Plans to Achieve This Goal (Renumbered) (Source: Section 301.4 renumbered to Section 301.330 at 19 Ill. Reg. 9438, effective July 1, 1995) SUBPART A: PLACEMENT SERVICES

Section 301.40 Legal Authority to Place 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…

Section 301.410 Purpose The purpose of this Subpart is to describe the Department's policy regarding the release of identifying information about licensed foster parents and license exempt relative caregivers. (Source: Added at 25 Ill. Reg. 11803, effective September 14, 2001)

Section 301.420 Confidentiality of Foster Parent/Relative Caregiver Identifying Information In accordance with Section 35.3 of the Children and Family Services Act [20 ILCS 505/35.3], identifying information regarding licensed foster parents and license exempt relative caregivers…

Section 301.430 Routine Disclosure of Foster Parent/Relative Caregiver Identifying Information a) Identifying information regarding foster parents or relative caregivers, including names, addresses, telephone numbers, and primary language or preferred mode of communication, may b…

Section 301.440 Specific Disclosure of Foster Parent/Relative Caregiver Identifying Information a) Assessment During the first 30 days after the child comes into care, the Department or purchase of service agency shall conduct an assessment in accordance with 89 Ill. Adm. Code 31…

Section 301.450 Specific Notice of Disclosure When the Department or purchase of service agency makes a decision to disclose the name, address or telephone number of the foster parents or relative caregivers to anyone other than the individuals listed in Section 301.430, the fost…

Section 301.460 Disclosure Prohibited The Department or purchase of service agency shall not release the name, address and telephone number of the foster parent/relative caregiver to the child's parents when: a) A court has issued a valid order of protection in accordance with Se…

Section 301.470 Redisclosure Prohibited a) A person to whom disclosure of a foster parent's/relative caregiver's name, address, or telephone number is made under this Subpart shall not redisclose that information except as provided in the Children and Family Services Act, the Juv…

Section 301.50 Emergency Placement Emergency placement services shall be provided immediately when the provision of other services are not in the child's best interests and will not ensure the safety of the child because the Department has reason to believe: a) that leaving the c…

Section 301.60 Placement Selection Criteria a) All placement decisions will be made consistent with the safety, best interests and special needs of the child. When a child is removed from the care of a custodial parent, the placing worker shall explore whether the non-custodial p…

Section 301.70 Sibling Placement a) It is the policy of the Department to place siblings together unless: 1) it is in the best interests of one or more of the children to be placed apart or to remain apart from his or her siblings; 2) the Department has been unable to locate a jo…

Section 301.80 Relative Home Placement 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, in…

Section 301.90 Foster Family Home Care a) Foster family home care is provided in licensed foster family homes for children who cannot remain in the home and who can benefit from a family structure of care. The Department shall have legal responsibility for the child before the ch…

Section 301.APPENDIX A Criminal Convictions that Prevent Placement of Children with Relatives a) Children for whom the Department of Children and Family Services is legally responsible shall not be placed with a relative, as defined in this Part, or allowed to remain in the home …

Section 304.1 Purpose The purpose of these rules is to provide information on how individuals who need public child welfare services can secure these services from the Department of Children and Family Services. Additionally, the rules specify the client populations which the Dep…

Section 304.2 Definitions "Abused child" means a child whose parent or immediate family member, or any person responsible for the child's welfare, or any individual residing in the same home as the child, or a paramour of the child's parent: inflicts, causes to be inflicted, or a…

Section 304.3 Introduction to Child Welfare Services a) Purposes of Child Welfare Services Child welfare services provided by Department staff or purchased by the Department from purchase of services providers are directed toward the following purposes: 1) protecting and promotin…

Section 304.4 Eligibility for Child Welfare Services a) No Financial Eligibility The family's income, assets or other financial resources do not affect whether a family is eligible for child welfare services. Instead, child welfare services are provided to the children and famili…

Section 304.5 Access to Child Welfare Services a) Child welfare services are available to Illinois families with children under age 18 and to children found within the state who are under age 18 who fall into one of the categories outlined in Section 304.4. Children and families …

Section 304.6 Decision Concerning Case Opening a) The Department shall decide whether a case will be opened no later than 10 working days of the date a child abuse or neglect report is determined to be "indicated." For all other cases, the Department shall decide whether a case w…

Section 306.1 Purpose The purpose of these rules is to explain when the Department will no longer provide child welfare services or be involved with children and families.

Section 306.2 Definitions "Children for whom the Department is legally responsible" means children for whom the Department has temporary protective custody, custody or guardianship via court order, or children whose parent(s) have signed an adoptive surrender or voluntary placeme…

Section 306.3 Termination of Children's Cases a) A child's case shall be closed as a unique identification number when the Department's legal relationship with the child has ended. However, services may continue to be provided to the child as a member of the family who is receivi…

Section 306.4 Termination of Family Cases Family cases shall be closed and Department services shall end when: a) the permanency goal in the written service plan has been achieved, the Department is no longer legally responsible for the child, and the family no longer needs child…

Section 306.5 Termination of Child Protective Intervention a) Unless the Department is legally responsible for a child, the Department shall end continued protective involvement with all subjects of a child abuse or neglect report when the investigation is completed and 1) the re…

Section 307.10 Purpose a) The purpose of the Indian Child Welfare Act is to promote the identity of Indian children and their connection or affiliation with their Indian tribes. The Department of Children and Family Services recognizes that Indian children are central in the main…

Section 307.15 Definitions "Department" means the Department of Children and Family Services. "Extended family member" shall be defined by the law or custom of the Indian child's tribe or, in the absence of such law or custom, shall be a person who has reached the age of 18 and w…

Section 307.20 Identification of Indian Children In order for the Department to inform any Indian child, any parent of an Indian child, or any Indian custodian of his or her rights under the Indian Child Welfare Act, the Department shall determine if a child is an Indian child at…

Section 307.25 Notification of Proceedings a) The Department shall notify the child's parents or Indian custodian and the child's tribe by registered mail, return receipt requested, within 10 days after determining that an Indian child is the subject of a proceeding under Article…

Section 307.30 Transfer of Jurisdiction a) When removal of an Indian child from the custody of his or her parent or Indian custodian is contemplated, or when parental rights to an Indian child may be terminated, the child's tribe has the option to request transfer of jurisdiction…

Section 307.35 Placement of an Indian Child a) In choosing an adoptive placement, the Department shall assure that the child is placed in accordance with the provisions of 89 Ill. Adm. Code 309 (Adoption Services for Children for Whom the Department of Children and Family Service…

Section 307.40 Retaining Custody of an Indian Child a) When seeking temporary custody or placement of, or termination of parental rights to, an Indian child, the Department shall inform the court that the child named in the petition or motion is an Indian child as soon as that in…

Section 307.45 Terminating Parental Rights a) When the Department determines at an internal legal screening (as defined in 89 Ill. Adm. Code 309.80 (Termination of Parental Rights)) that adoption is in the best interests of an Indian child and sufficient legal grounds exist for t…

Section 308.10 Purpose These rules describe the Department's policies to ensure that private providers receiving public funds and providing services to Department clients do not discriminate in their employment and service delivery practices. These rules also describe the means a…

Section 308.20 Definitions "Affirmative action", as in these rules, is the undertaking of specific personnel steps in recruiting, selecting, placing, transferring, promoting, and other basic terms and conditions of employment, for the purpose of eliminating present effects of pas…

Section 308.30 The Department's Nondiscrimination Policy with Respect to Private Purchase of Service Providers a) The Department shall contract only with service providers who, in the provision of their services and opportunities for employment, exercise nondiscriminatory policie…

Section 308.40 Affirmative Action and Civil Rights Compliance a) Affirmative Action Exhibits The Department requires all purchase of service providers to file semiannual affirmative action exhibits with the Department's administrator responsible for affirmative action as required…

Section 308.50 Complaints Alleging Discrimination in Service Delivery a) No person, on the grounds of race, color or national origin, may be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal …

Section 308.60 Complaints Alleging Discrimination in Employment a) An applicant for employment or an employee may notify the Department's administrator responsible for affirmative action about alleged discrimination in employment. The Department's affirmative action staff shall w…

Section 308.70 Contract Termination Contract termination shall result when the Department determines that discrimination, either in service delivery or employment, is indicated and the provider continues to fail to comply within any reasonable compliance period the Department may…

Section 309.10 Purpose The purpose of this Part is to describe adoption services available to children for whom the Department of Children and Family Services is legally responsible. These services include the recruitment, selection, preparation and training of adoptive families,…

Section 309.100 Preparation of Children for Adoption Preparation of children for adoption begins when adoption has been identified as a potential goal for the child. During this pre-placement phase, specific services are provided to the child for whom adoption is being considered…

Section 309.105 Who May Adopt a Child a) Any of the following persons, who is under no legal disability (except the minority specified in subsection (a)(2)) and who has resided in the State of Illinois continuously for a period of at least 6 months immediately preceding the comme…

Section 309.110 Preparation and Training of Adoptive Families The preparation and training of prospective adoptive families will be done in the following four phases: a) Pre-service Preparation and Education During this first phase the Department or adoption agency will educate p…

Section 309.120 Preparation of the Child's Biological Parents Preparation of the biological parents of a child for whom an adoptive placement is being sought includes the following: a) assistance and counseling around issues pertaining to the surrender of parental rights or conse…

Section 309.130 Placement Considerations a) Consideration of the Child's Needs The child's needs and best interests shall be the primary consideration when selecting an adoptive family for a child. The factors to be considered shall include, but are not limited to: 1) the wishes …