Illinois Administrative Code

Section 314.60 Special Education a) Children for whom the Department is legally responsible will be classified as eligible for special education services only in accordance with mandated case study evaluation practices and multidisciplinary conferences provided under State and fe…

Section 314.70 Pre-school Education The Department will ensure that children for whom the Department is legally responsible receive the same access to pre-school education programs as would be available to eligible children not in the custody of the Department. In meeting this ob…

Section 314.80 School Records Individual child case records shall contain current information concerning the child's school and progress in school, educational history, basic educational screening, and copies of the child's individualized educational plans. The Department shall e…

Section 314.90 Administrative Case Reviews a) The initial administrative case review conducted pursuant to 89 Ill. Adm. Code 305, Client Service Planning, shall include the following: 1) a determination as to whether an education plan has been developed for the child; 2) a determ…

Section 316.10 Purpose The purpose of this Part is to describe the independent review processes required by federal and State law for the purpose of ensuring that children and families who receive services from the Department or its child welfare contributing agencies have partic…

Section 316.100 Appealability of Decisions Foster parents and relative caregivers have the right to be heard by the Department on issues specified in 89 Ill. Adm. Code 316 (Administrative Case Reviews and Court Hearings) and 316.90 (Decision Review) that are not appealable under …

Section 316.110 The Department's Role in the Juvenile Court a) The Department shall inform the Juvenile Court of the Department's permanency goal planning for the youth in care and families it serves and their progress toward those goals. b) When in the juvenile court, the Depart…

Section 316.120 Permanency Hearings a) The Department or its contributing agency will participate in permanency hearings conducted by the court at 12 months following the temporary custody hearing and every six months thereafter to assist the court in: 1) selecting the permanency…

Section 316.130 Caseworker Responsibilities at the Permanency Hearing a) The caseworker's responsibilities at the permanency hearing will be to: 1) present a recommendation regarding the permanency goal, time frame for achievement, clinical intervention, social services, and Visi…

Section 316.140 Compliance with the Client Case Planning Requirements a) The Department shall develop a monitoring and reporting mechanism to evaluate the extent of compliance with its client case planning requirements. At minimum, the Department shall monitor: 1) the permanency …

Section 316.20 Definitions "Abusive or inappropriate language" for the purposes of this Part, means the use of harsh, violent, profane, or derogatory remarks intended to demean, humiliate, mock, insult, or belittle an individual. The remarks can include, but are not limited to, n…

Section 316.30 Administrative Case Review System a) The Department has an administrative case review system for all the youth in care in placement and their families. Administrative case reviews are conducted for youth in care living in foster family homes, relative homes, group …

Section 316.40 Frequency of Administrative Case Reviews a) The first administrative case review shall be conducted within six months after the temporary custody hearing. b) Following the six-month administrative case review, administrative case reviews shall be conducted every si…

Section 316.50 Conduct and Participation at Administrative Case Reviews Administrative case reviews shall: a) be convened by a professional staff member from the Office of Administrative Case Review; b) include the caseworker or supervisor from the Department or the contributing …

Section 316.60 Notice of Administrative Case Reviews A written notice of the date, time, place, and purpose of the administrative case review shall be mailed via U.S. postal service within 21 calendar days prior to the review to ensure that the notice is received 14 days prior to…

Section 316.70 Roles and Responsibilities of the Administrative Case Reviewer a) The administrative case reviewer has the responsibility and authority to manage the case review process, which includes: 1) excluding or limiting participation, as needed, to those with a right to sh…

Section 316.80 Caseworker Responsibilities at the Administrative Case Review The assigned caseworker in accordance with 89 Ill. Adm. Code 315 (Permanency Planning) and Department procedures shall: a) present a completed case plan, based on the assessment, and developed in collabo…

Section 316.90 Decision Review a) When a contributing agency, substitute caregivers, or the youth in care's caseworker with supervisory approval, disagrees with any portion of the case plan, including any amendments made by the reviewer, the individual will be entitled to a revie…

Section 325.10 Purpose The following standards and procedures shall govern the administration of psychotropic medications to persons under the guardianship of the Department pursuant to court order or for whom the Department has custody and has, by court order or via an adoptive …

Section 325.20 Definitions "Administrative Case Review" means a review of permanency planning, open to the participation of the parents of the child, conducted by a person who is not responsible for the case management of, or the delivery of services to, either the child or the p…

Section 325.30 General Provisions a) The administration of psychotropic medication is prohibited to children for whom the Department is legally responsible as punishment for disruptive or inappropriate behavior, for the convenience of staff members or caregivers or as a substitut…

Section 325.40 Medication Approval Standards a) Centralized Consent Unit and Emergency Reception Center staff may provide consent for the administration of a psychotropic medication only after the Department's Psychiatric Consultant has provided clinical consultation and deemed t…

Section 325.50 Children in Residential Facilities and/or Psychiatric Hospital Settings Residential facilities licensed by the Department shall have a written policy, approved by each facility's on-call physician and governing body, for the safe and accurate administration of medi…

Section 325.55 Children in Temporary Living and Independent Living Programs a) Temporary Living and Independent Living programs shall have a written policy, approved by each program's on-call physician and governing body, for the safe and accurate administration of medications to…

Section 325.60 Children in Foster Care a) The Department shall offer training and materials for foster parents and relative caregivers concerning the procedures for approving psychotropic medication, and the need for and use of psychotropic medications and possible side effects. …

Section 325.70 Miscellaneous Provisions a) Youth who have been declared emancipated for the purposes of consent to medical treatment by any court shall have the qualified right to refuse psychotropic medication as provided for adults in Sections 2-107 and 2-107.1 of the Illinois …

Section 325.80 Violations of this Part a) Violations by Physicians 1) For psychotropic medications that were started without consent, the Psychotropic Medication Consent Form from the Centralized Consent Unit shall indicate that it is a violation of this Part to prescribe a psych…

Section 325.APPENDIX A Guidelines for the Utilization of Psychotropic Medications for Children in Foster Care Introduction With few exceptions, children and youth in State custody have experienced abuse and/or neglect and often have chaotic caretaking histories with disrupted att…

Section 326.1 Purpose a) The purpose of these rules is to describe the Department's statewide planning responsibilities. To fulfill its mandate to children and families as efficiently and effectively as possible, the Department shall perform planning activities to identify servic…

Section 326.10 Community Relations The Department shall endeavor to support community efforts to prevent the abuse, neglect, or exploitation of children and to enhance education for parenting. Information shall be available from the Department to inform communities, providers, me…

Section 326.2 Definitions "Resources" means all funds, staff time, services and child welfare facilities which the Department uses to serve children and families. These resources include both those which may be provided directly to Department clients and those which may be purcha…

Section 326.3 Targeted Statewide Client Populations a) The Department shall define its statewide targeted client populations in order to: 1) make the best use of available resources; 2) develop plans and budgets that reflect the Department's priorities and goals within the broad …

Section 326.4 Department Planning Responsibilities The Department shall integrate its planning, budgeting and evaluation responsibilities to ensure consistency among service needs, Department policy, Department goals and priorities, and the allocation of resources. The Department…

Section 326.5 Department Planning Documents a) The Department shall prepare planning documents required by State and Federal laws and regulations and shall assist, when so required, in the preparation of other such planning documents. In addition to required plans, the Department…

Section 326.6 Department Budgeting Responsibilities The Department shall prepare and submit to the Illinois General Assembly an annual budget which relates requested resources to client service needs.

Section 326.7 Department Evaluation Responsibilities a) The Department will establish and conduct a program to evaluate the efficiency and effectiveness of its services. Program Evaluation activities will include: 1) periodic and systematic evaluation of direct and purchase of se…

Section 326.8 Planning and Evaluation of Purchased Services The Department shall endeavor to use purchase of service resources to the fullest extent, consistent with Department priorities and client needs. The Department shall also take measurement of purchased care performance a…

Section 326.9 Department Coordination of Services with Other Agencies and Illinois Courts The Department will report to the Governor at least annually on the extent to which its services have been coordinated with other State agencies. These agencies shall include the Department …

Section 327.1 Purpose The purpose of these rules is to explain the rights and duties of the Guardianship Administrator of the Department of Children and Family Services, or designee. The Guardianship Administrator makes important decisions affecting the general welfare of childre…

Section 327.2 Definitions "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 children whose parent(s) has signed an adoptive surrender or voluntary placem…

Section 327.3 Acceptance of Children a) When the Guardianship Administrator is appointed as guardian of the person or the child's custodian in Juvenile Court proceedings on behalf of children served by the Department, the following distinctions apply: 1) The Guardianship Administ…

Section 327.4 Duties of The Guardianship Administrator The duties of the Guardianship Administrator or those with delegated signatory authority include, but are not limited to: a) Consenting to the adoption of minors when the court decree provides for such consent, or when childr…

Section 327.5 Medical Consents a) Principles of Consultation and Consent 1) Consent of the custodian or guardian is not required by statute for all persons aged 18 or older, for females who are pregnant, or for the dissemination to children over age 12 of information about and tr…

Section 329.10 Purpose The purpose of this Part is to describe the requirements for reporting, locating and returning children who are the legal responsibility of the Department, who are believed to be missing, on runaway, or abducted, and the conditions under which the Departmen…

Section 329.20 Definitions "Abducted child", as used in this Part, means a child who has been concealed, detained, or removed from the jurisdiction of the court in violation of a valid court order granting custody to another. "Child" or "Youth" means children for whom the Departm…

Section 329.30 Reporting Missing, Runaway, and Abducted Children a) Initial Report 1) Whenever a child or youth is believed to be missing or on runaway, or to have been abducted, from a placement facility, the caregiver shall report the incident immediately to: A) Department case…

Section 329.40 Return of Missing, Runaway, and Abducted Children a) When other resources are not available the Department shall arrange for and pay for the return of a child or youth who has been missing, runaway, or abducted from their parents' or caretakers' homes. b) When a ch…

Section 329.50 Placement Considerations When a child or youth who has been missing, runaway, or abducted has been found and returned, the child's or youth's caseworker shall determine whether the child or youth should be returned to the placement from which the child or youth dis…

Section 329.60 Runaway Children for Whom Another Agency or Jurisdiction is Legally Responsible When another agency, state, county, city, or other jurisdiction is legally responsible for children who have run away, the Department shall not arrange for or pay for the return of the …

Section 329.70 All Other Runaway Children or Youth a) When no agency, state, or jurisdiction is legally responsible for a child or youth who has run away, the Department will contact the state from which the child or youth has run and request that state arrange for and pay for th…