Illinois Administrative Code

Section 401.480 Agency Responsibilities for Independent Living Programs (Renumbered) (Source: Section 401.480 renumbered to Section 401.700 at 30 Ill. Reg. 2699, effective February 27, 2006) SUBPART F: AGENCY RESPONSIBILITIES FOR ADOPTION SERVICES

Section 401.5 Application for Renewal of License (Repealed) (Source: Repealed at 22 Ill. Reg. 10329, effective May 26, 1998)

Section 401.500 Child Welfare Agency Responsibilities for Adoption Services Child welfare agencies that provide adoption services shall, in addition to meeting all requirements for a child welfare agency described in this Part, assure that placements of children for adoption are …

Section 401.510 Disclosures a) Information disclosed in accordance with this Subpart shall be subject to the confidentiality requirements of the Child Care Act of 1969 and the Adoption Act. b) A child welfare agency providing adoption services shall provide to all prospective cli…

Section 401.520 Adoptive Parents Training a) Agencies providing adoption services shall provide prospective adoptive parents with a training program that shall include: 1) A minimum of 6 clock hours of training for private domestic adoption families and a minimum of 10 clock hour…

Section 401.530 Annual Reports a) On the 45th day of an adoption agency's license anniversary date, an agency providing adoption services shall file an annual report with the Department's regional licensing office and with the Illinois Attorney General on forms prescribed by the …

Section 401.540 Preferential Treatment in Child Placement a) Preferential treatment in child placement or any matters relating to adoption services by an agency shall not be given to its board members, contributors, volunteers, employees, agents, consultants, or independent contr…

Section 401.550 Waiver Prohibited Agencies providing adoption services shall not require biological or adoptive parents to sign any document that purports to waive claims against an agency for intentional or reckless acts or omissions or for gross negligence. [225 ILCS 10/7.7] (S…

Section 401.560 Adoption Services Fees a) Excessive adoption fees by a child welfare agency, representative of an agency or independent contractor of an agency are prohibited. An eligible adoption agency may be deemed compliant with this subsection. This presumption of compliance…

Section 401.565 Adoption Agency Payment of Salaries or Other Compensation a) A licensed child welfare agency may pay salaries or other compensation to its officers, employees, agents, contractors, or any other persons acting on its behalf for providing adoption services, provided…

Section 401.570 Independent Contractors a) Subject to subsection (a)(1), a child welfare agency providing adoption services may use the services of any person, group of persons, agency, association, organization, corporation, institution, center, or group as an independent adopti…

Section 401.580 Cessation or Dissolution of an Adoption Agency In the event that a licensed child welfare agency providing adoption services ceases to exist or dissolves its corporate entity as an agency, and in so doing ceases to provide adoption services as defined in Section 4…

Section 401.590 Adoption Agency Information and Complaint Registry a) The adoption agency information and complaint registry serves to assist the public in the monitoring of licensed child welfare agencies providing adoption services. The information in the registry shall include…

Section 401.595 Agency Complaint Policy and Procedure a) Agencies providing adoption services shall establish written complaint policies that include: 1) An adoption agency shall initiate an investigation of complaints received within 2 business days; 2) The adoption agency shall…

Section 401.6 Provisions Pertaining to License (Repealed) (Source: Repealed at 22 Ill. Reg. 10329, effective May 26, 1998)

Section 401.600 Advertisement a) No person, group of persons, agency, association, organization, corporation, institution, center, or group may advertise or cause to be published any advertisement offering, soliciting, or promising to perform adoption services as defined in Secti…

Section 401.7 Provisions Pertaining to Permit (Repealed) (Source: Repealed at 22 Ill. Reg. 10329, effective May 26, 1998)

Section 401.700 Agency Responsibilities for Independent Living Programs a) Child welfare agencies may provide independent living services to youth; 1) Who have been or who are in the out-of-home care system; 2) Who are homeless or who are transitioning from residential care; 3) W…

Section 401.8 Incorporation (Repealed) (Source: Repealed at 22 Ill. Reg. 10329, effective May 26, 1998)

Section 401.800 Referrals to Law Enforcement and Injunctive Relief a) Violation of the Act If the Department has reasonable cause to believe that any person, group of persons, corporation, agency, association, organization, institution, center, or group is engaged or is about to …

Section 401.850 Severability of This Part If any court of competent jurisdiction finds that any rule, clause, phrase, or provision of this Part is unconstitutional or invalid for any reason whatsoever, this finding shall not affect the validity of the remaining portions of this P…

Section 401.9 Composition and Responsibilities of the Governing Body (Repealed) (Source: Repealed at 22 Ill. Reg. 10329, effective May 26, 1998)

Section 401.APPENDIX D Minimum Requirements for a Risk Management Plan The risk management plan required by Section 401.220(g) shall address at least the following areas of risk with the answers sufficiently explained. 1) What risks are presented by the child welfare services off…

Section 402.1 Purpose a) The purpose of this Part is to prescribe the standards for licensure as a foster family home and to describe how to apply for a license. b) The licensing standards set forth in this Part are applicable to foster family homes as defined in the Child Care A…

Section 402.10 Nutrition and Meals a) The foster home shall provide at least three balanced meals per day in quantities sufficient to meet the recommended dietary allowances for nutritional needs of children. The time span between meals shall not be greater than 14 hours (overnig…

Section 402.11 Business and Employment of Foster Parents a) The operation of other business enterprises on the premises is permitted but shall not interfere with the care of the child or endanger the health, safety and welfare of the child. The supervising agency must know and ap…

Section 402.12 Qualifications of Foster Family a) The licensees shall be either a single person or two persons in a marriage or civil union with each other. Each foster parent shall be willing and able to assume appropriate responsibilities for the child or children received for …

Section 402.13 Background Inquiry a) As a condition of issuance or renewal of a license by the Department, foster parents shall furnish information of: 1) any offenses (other than minor traffic violations) for which they have been convicted; and 2) the disposition of the convicti…

Section 402.14 Health of Foster Family a) Foster parents and all members of the household shall provide medical evidence that they are free of communicable diseases or physical and mental conditions that affect the ability of the family to provide care. b) Before licensing, the f…

Section 402.15 Number and Ages of Children Served a) For a visual explanation of the number and ages of children allowed in a foster family home, refer to Appendices B and C of this Part. 1) Capacity count in all circumstances includes all children in the foster home under the ag…

Section 402.16 Meeting Basic Needs of Children a) All children in the foster family shall be treated equitably. b) Children shall receive supervision appropriate to their developmental age at all times. All children in the foster home shall be protected from exploitation, neglect…

Section 402.17 Health Care of Children a) Each foster child shall have a medical and dental checkup once a year or upon medical or dental recommendation. b) In case of sickness or accident, immediate medical care shall be secured for the child in accordance with the supervising a…

Section 402.18 Religion a) The religious beliefs and rights of children shall be legally protected. b) Each child shall be given religious instruction in his own faith, or that of his parents, unless there is written consent of the parent or guardian (if residual parental rights …

Section 402.19 Recreation and Leisure Time Children shall be permitted and encouraged to participate in appropriate indoor and outdoor recreation. Foster parents are expected to use normalcy parenting and the reasonable and prudent parent standard for decision-making regarding th…

Section 402.2 Definitions "Adoptive placement" means a living arrangement with a family that is directed toward establishing that family as the child's new legal parents. To be considered an adoptive placement, the child must be placed in a licensed foster family home or license …

Section 402.20 Education a) Foster parents shall encourage each child to complete high school or vocational training in accordance with his or her aptitude. Foster parents shall cooperate with the supervising agency in the child's educational plan. b) Children shall be permitted …

Section 402.21 Discipline of Children a) Discipline shall be appropriate to the developmental age of the child, related to the child's act, and shall not be out of proportion to the particular inappropriate behavior. Discipline shall be handled without prolonged delay. b) The fos…

Section 402.22 Emergency Care of Children In the case of an emergency requiring the absence of the foster parent from the foster home for a period of 24 hours or longer, the supervising agency must be notified so that appropriate arrangements may be made for the care of the child…

Section 402.23 Release of Children The foster parents shall not release a foster child to anyone except as authorized by the supervising agency. (Source: Renumbered from Section 402.22 at 7 Ill. Reg. 3439, effective April 4, 1983)

Section 402.24 Confidentiality of Information All personal or identifying information concerning a foster child, including but not limited to, his background, his family, and the identity and location of all other persons or families with whom he has been, or will be placed, shal…

Section 402.25 Required Written Consents a) The supervising agency shall ensure that prior written consents from legally responsible persons (parent, court, or other legal custodian or guardian) are obtained for certain acts of a child or performance of certain acts on his or her…

Section 402.26 Records to be Maintained a) Records to be maintained by the foster family shall include: 1) the name and date of birth of each youth in care placed in the foster home, the legal guardian of the child, religion of the child, and arrangements for education of the chi…

Section 402.27 Licensing Supervision Foster parents shall cooperate with the supervising agency to assure continuing compliance with licensing requirements. Each licensed facility, except those in non-active status, supervised by the Department or a private child welfare agency s…

Section 402.28 Adoptive Homes An adoptive home shall be licensed as a foster family home before placement of an unrelated child for adoption. (Source: Amended at 20 Ill. Reg. 1589, effective January 10, 1996)

Section 402.29 Director's Waivers a) On a case-by-case basis, the Director or designee may waive non-safety related licensing standards that may impede or prevent licensure for relatives. Such waivers shall be for specific children in care and shall be in the best interest of tho…

Section 402.3 Effective Date of Standards (Repealed) (Source: Repealed at 19 Ill. Reg. 9463, effective July 1, 1995)

Section 402.30 Severability of This Part If any court of competent jurisdiction finds that any rules, clause, phrase, or provision of this Part is unconstitutional or invalid for any reason whatsoever, this finding shall not affect the validity of the remaining portions of this P…

Section 402.4 Application for License a) Application for license as a foster family home shall be completed, signed by the foster parent applicants, and filed with the Department of Children and Family Services by the supervising agency on forms prescribed by the Department. Appl…

Section 402.5 Application for Renewal of License a) Application forms for license renewal shall be mailed to foster parent licensees by the supervising agency at least three months prior to the expiration date of the license. b) The completed, signed application for renewal of th…

Section 402.6 Provisions Pertaining to Permits a) A two month permit may be issued only with the personal written approval of the Director of the Department when: 1) The application for license has been completed and signed by the foster parent applicants and submitted to the Dep…