Text of IL HB 4966 (2026)

104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB4966 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: See Index 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. LRB104 20048 KTG 33499 b A BILL FOR HB4966LRB104 20048 KTG 33499 b 1 AN ACT concerning children. 2 Be it enacted by the People of the State of Illinois, 3represented in the General Assembly: 4 Section 1. Reference to Act. This Act may be referred to as 5the Safeguards to Ensure Continuity and Uphold Rights and 6Equity (SECURE) Act. 7 Section 3. Legislative findings and intent. The General 8Assembly finds and declares: 9 (1) Youth in the care and custody of the Department of 10Children and Family Services deserve all the legal protections 11available under the law, but the current legal protections 12available to these youth require a suite of statutory 13enhancements. 14 (2) Illinois retains a non-delegable duty to safeguard 15their safety, health, dignity, and well-being. 16 (3) Out-of-state placements do not diminish Illinois' 17responsibility to ensure youth are not subjected to 18foreseeable harm, discrimination, or denial of care that would 19be lawful and medically appropriate under Illinois law. 20 (4) Youth in foster care experience disproportionate rates 21of trauma and unmet medical, reproductive, sexual, and 22gender-related health needs, which may emerge over time and 23require ongoing monitoring and appropriate treatment. HB4966- 2 -LRB104 20048 KTG 33499 b 1 (5) Youth voice is essential to sound child welfare 2decision-making. 3 (6) The State of Illinois, including the Department of 4Children and Family Services, must respect and meaningfully 5consider a youth's expressed preferences in placement options 6while conducting transparent, individualized risk assessments. 7 (7) Regular Illinois-based caseworker contact is necessary 8to identify emerging needs, including pregnancy-related care, 9contraception, and treatment of sexually transmitted 10infections. 11 (8) Caseworkers coordinating and delivering services on 12behalf of youth placed out-of-state need protection from civil 13liability for these duties, provided they are acting in good 14faith and within the scope of their duties and not engaged in 15willful or wanton conduct. 16 (9) Contracted providers and caregivers receiving State 17funds must comply with Illinois standards as a condition of 18licensure and contracting. 19 (10) To protect children from harm resulting from 20violations of specified provisions of this Amendatory Act of 21the 104th General Assembly and to ensure effective enforcement 22of this amendatory Act of the 104th General Assembly, a 23private right of action is necessary. 24 (11) The changes made by this amendatory Act of the 104th 25General Assembly shall be liberally construed to protect 26children's safety, dignity, well-being, and rights. HB4966- 3 -LRB104 20048 KTG 33499 b 1 Section 5. The Children and Family Services Act is amended 2by changing Sections 6a and 7 and by adding Sections 7.29, 37.30, 7.31, 7.32, and 7.33 as follows: 4 (20 ILCS 505/6a) (from Ch. 23, par. 5006a) 5 Sec. 6a. Case plan. 6 (a) With respect to each Department client for whom the 7Department is providing placement service, the Department 8shall develop a case plan designed to stabilize the family 9situation and prevent placement of a child outside the home of 10the family when the child can be cared for at home without 11endangering the child's health or safety, reunify the family 12if temporary placement is necessary when safe and appropriate, 13or move the child toward an appropriate permanent living 14arrangement and permanent legal status, consistent with the 15child's best interest, using the factors set forth in 16subsection (4.05) of Section 1-3 of the Juvenile Court Act of 171987. Such case plan shall provide for the utilization of 18family preservation services as defined in Section 8.2 of the 19Abused and Neglected Child Reporting Act. Such case plan shall 20be reviewed and updated every 6 months. The Department shall 21ensure that incarcerated parents are able to participate in 22case plan reviews via teleconference or videoconference. Where 23appropriate, the case plan shall include recommendations 24concerning alcohol or drug abuse evaluation. HB4966- 4 -LRB104 20048 KTG 33499 b 1 If the parent is incarcerated, the case plan must address 2the tasks that must be completed by the parent and how the 3parent will participate in the administrative case review and 4permanency planning hearings and, wherever possible, must 5include treatment that reflects the resources available at the 6facility where the parent is confined. The case plan must 7provide for visitation opportunities, unless visitation is not 8in the best interests of the child. 9 (a-5)(1) As used in this subsection, "caregiver" means the 10person providing substitute care for a child. For placements 11licensed by the Department under the Child Care Act of 1969 12that utilize a shift staff model to provide daily supervision 13of youth, such as congregate care placements, "caregiver" 14means a staff member employed to provide such care for the 15child. 16 (2) The case plan shall include specific, concrete tasks 17and responsibilities for the child's caregiver to ensure each 18child is provided with safe, proper, and supportive care based 19on the child's needs and best interests, including, but not 20limited to, the child's protected characteristics as defined 21under the Illinois Human Rights Act, and in alignment with the 22requirements of Sections 7, 7.29, and 7.30 of this Act. 23 (3) The caregiver's case plan tasks shall include, at a 24minimum, the duty to: 25 (A) ensure that the child's daily physical, emotional, 26 developmental, educational, cultural, and social needs are HB4966- 5 -LRB104 20048 KTG 33499 b 1 met; 2 (B) maintain an environment providing supportive care 3 as defined under subsection (b) of Section 7.29 of this 4 Act to treat the child in a manner that meets the child's 5 need for safety and security, is free from harassment and 6 abuse, and is supportive of the child's identity, 7 including, but not limited to, the child's race, color, 8 national origin, ancestry, sex, sexual orientation, 9 disability, religion, pregnancy, reproductive health 10 decisions, and any other characteristic protected under 11 the Illinois Human Rights Act; 12 (C) collaborate with the child's parents, the 13 Department, and service providers, when appropriate and 14 consistent with the child's safety and permanency plan, to 15 promote the child's well-being and connection to family 16 and community; and 17 (D) ensure the caregiver does not engage in 18 discriminatory conduct. 19 Case plans shall address each child's health care needs 20and, if a need is identified, specify steps the Department and 21caregivers shall take to ensure timely provision of health 22care, including, but not limited to, arranging transportation 23and ensuring the child can attend appointments. If the 24Department is placing or has placed a child in a jurisdiction 25outside the State of Illinois, and that jurisdiction exposes a 26child to risk of adverse action, as defined in subsection (b) HB4966- 6 -LRB104 20048 KTG 33499 b 1of Section 7.30, the case plan shall include provisions 2requiring the Department to take all necessary measures to 3ensure that the child continues to receive the full 4protections and benefits guaranteed by the laws of this State 5as required under Sections 7, 7.29, 7.30, and 7.31. This 6includes, but is not limited to, coordination with 7out-of-state providers or Illinois-based providers to ensure 8that a child can access and receive health care, including 9mental health care, lawful in the State of Illinois. The 10Department shall document in the case plan the steps the 11Department has taken to fulfill the obligations under this 12subsection (a-5) and Sections 7, 7.29, 7.30, and 7.31 and 13report this information to the court as part of the 14Department's required efforts under Section 2-28 of the 15Juvenile Court Act of 1987. 16 (4) The Department shall provide guidance, support, and 17training to caregivers to ensure they have the knowledge, 18resources, and skills necessary to meet the responsibilities 19described in this subsection, including culturally responsive 20and trauma-informed care practices. Caregivers shall agree to 21abide by the caregiver obligations required by the case plan 22prior to the child's placement and throughout the duration of 23a child's placement with the caregivers. The Department shall 24monitor the caregiver's compliance with these requirements and 25document this compliance supporting the Department's 26determination of the continued appropriateness of this HB4966- 7 -LRB104 20048 KTG 33499 b 1placement as part of the child's case review and permanency 2hearing process required under this Act and report this 3information to the court as part of the Department's required 4efforts under Sections 2-27.4 and 2-28 of the Juvenile Court 5Act of 1987. 6 (5) Nothing in this subsection shall be construed to limit 7or diminish: 8 (A) the rights of a child to be free from 9 discrimination or to receive care consistent with the 10 protections guaranteed under State and federal law; or 11 (B) the Department's obligation to act in the best 12 interest of a child. 13 (b) The Department may enter into written agreements with 14child welfare agencies to establish and implement case plan 15demonstration projects. The demonstration projects shall 16require that service providers develop, implement, review and 17update client case plans. The Department shall examine the 18effectiveness of the demonstration projects in promoting the 19family reunification or the permanent placement of each client 20and shall report its findings to the General Assembly no later 21than 90 days after the end of the fiscal year in which any such 22demonstration project is implemented. 23(Source: P.A. 103-1061, eff. 7-1-25.) 24 (20 ILCS 505/7) (from Ch. 23, par. 5007) 25 Sec. 7. Placement of children; considerations. HB4966- 8 -LRB104 20048 KTG 33499 b 1 (a) In placing any child under this Act, the Department 2shall place the child, as far as possible, in the care and 3custody of some individual holding the same religious belief 4as the parents of the child, or with some child care facility 5which is operated by persons of like religious faith as the 6parents of such child. 7 (a-5) In placing a child under this Act, the Department 8shall place the child with the child's sibling or siblings 9under Section 7.4 of this Act unless the placement is not in 10each child's best interest, or is otherwise not possible under 11the Department's rules. If the child is not placed with a 12sibling under the Department's rules, the Department shall 13consider placements that are likely to develop, preserve, 14nurture, and support sibling relationships, where doing so is 15in each child's best interest. 16 (b) In placing a child under this Act, the Department 17shall place a child with a relative if the Department 18determines that the relative will be able to adequately 19provide for the child's safety and welfare based on the 20factors set forth in the Department's rules governing such 21placements, and that the placement is consistent with the 22child's best interests, taking into consideration the factors 23set out in subsection (4.05) of Section 1-3 of the Juvenile 24Court Act of 1987. 25 When the Department first assumes custody of a child, in 26placing that child under this Act, the Department shall make HB4966- 9 -LRB104 20048 KTG 33499 b 1reasonable efforts to identify, locate, and provide notice to 2all adult grandparents and other adult relatives of the child 3who are ready, willing, and able to care for the child. At a 4minimum, these diligent efforts shall be renewed each time the 5child requires a placement change and it is appropriate for 6the child to be cared for in a home environment. The Department 7must document its efforts to identify, locate, and provide 8notice to such potential relative placements and maintain the 9documentation in the child's case file. The Department shall 10complete the following initial family finding and relative 11engagement efforts: 12 (1) The Department shall conduct an investigation in 13 order to identify and locate all grandparents, parents of 14 a sibling of the child, if the parent has legal custody of 15 the sibling, adult siblings, other adult relatives of the 16 minor including any other adult relatives suggested by the 17 parents, and, if it is known or there is reason to know the 18 child is an Indian child, any extended family members, as 19 defined in Section 4 of the Indian Child Welfare Act of 20 1978 (25 U.S.C. 1903). The Department shall make diligent 21 efforts to investigate the names and locations of the 22 relatives, including, but not limited to, asking the child 23 in an age-appropriate manner and consistent with the 24 child's best interest about any parent, alleged parent, 25 and relatives important to the child, and obtaining 26 information regarding the location of the child's parents, HB4966- 10 -LRB104 20048 KTG 33499 b 1 alleged parents, and adult relatives. 2 As used in this subsection (b), "family finding and 3 relative engagement" means conducting an investigation, 4 including, but not limited to, through a computer-based 5 search engine, to identify any person who would be 6 eligible to be a relative caregiver as defined in Section 7 4d of this Act and to connect a child, consistent with the 8 child's best interest, who may be disconnected from the 9 child's parents, with those relatives and kin in an effort 10 to provide family support or possible placement. If it is 11 known or there is reason to know that the child is an 12 Indian child, as defined in Section 4 of the Indian Child 13 Welfare Act of 1978 (25 U.S.C. 1903), "family finding and 14 relative engagement" also includes contacting the Indian 15 child's tribe to identify relatives and kin. No later than 16 July 1, 2025, the Department shall adopt rules setting 17 forth specific criteria as to family finding and relative 18 engagement efforts under this subsection (b) and under 19 Section 2-27.3 of the Juvenile Court Act of 1987, 20 including determining the manner in which efforts may or 21 may not be appropriate, consistent with the best interests 22 of the child. 23 (2) In accordance with Section 471(a)(29) of the 24 Social Security Act, the Department shall make diligent 25 efforts to provide all adult relatives who are located 26 with written notification and oral notification, in person HB4966- 11 -LRB104 20048 KTG 33499 b 1 or by telephone, of all the following information: 2 (i) the minor has been removed from the custody of 3 the minor's parent or guardian; and 4 (ii) an explanation of the various options to 5 participate in the care and placement of the minor and 6 support for the minor's family, including any options 7 that may expire by failing to respond. The notice 8 shall provide information about providing care for the 9 minor while the family receives reunification services 10 with the goal of returning the child to the parent or 11 guardian, how to become a certified relative caregiver 12 home, and additional services and support that are 13 available in substitute care. The notice shall also 14 include information regarding, adoption and subsidized 15 guardianship assistance options, health care coverage 16 for youth in care under the medical assistance program 17 established under Article V of the Illinois Public Aid 18 Code, and other options for contact with the minor, 19 including, but not limited to, visitation. Upon 20 establishing the Department's kinship navigator 21 program, the notice shall also include information 22 regarding that benefit. 23 No later than July 1, 2025, the Department shall adopt or 24amend existing rules to implement the requirements of this 25subsection, including what constitutes "diligent efforts" and 26when exceptions, consistent with federal law, are appropriate. HB4966- 12 -LRB104 20048 KTG 33499 b 1 (b-5)(1) If the Department determines that a placement 2with any identified relative is not in the child's best 3interests or that the relative does not meet the requirements 4to be a relative caregiver, as set forth in Department rules or 5by statute, the Department must document the basis for that 6decision, maintain the documentation in the child's case file, 7inform the identified relative of the relative's right to 8reconsideration of the decision to deny placement with the 9identified relative, provide the identified relative with a 10description of the reconsideration process established in 11accordance with subsection (o) of Section 5 of this Act, and 12report this information to the court in accordance with the 13requirements of Section 2-27.3 of the Juvenile Court Act of 141987. 15 If, pursuant to the Department's rules, any person files 16an administrative appeal of the Department's decision not to 17place a child with a relative, it is the Department's burden to 18prove that the decision is consistent with the child's best 19interests. The Department shall report information related to 20these appeals pursuant to Section 46 of this Act. 21 When the Department determines that the child requires 22placement in an environment, other than a home environment, 23the Department shall continue to make reasonable efforts to 24identify and locate relatives to serve as visitation resources 25for the child and potential future placement resources, unless 26excused by the court, as outlined in Section 2-27.3 of the HB4966- 13 -LRB104 20048 KTG 33499 b 1Juvenile Court Act of 1987. 2 If the Department determines that efforts to identify and 3locate relatives would be futile or inconsistent with the 4child's best interests, the Department shall document the 5basis of its determination and maintain the documentation in 6the child's case file. 7 If the Department determines that an individual or a group 8of relatives are inappropriate to serve as visitation 9resources or possible placement resources, the Department 10shall document the basis of its determination, maintain the 11documentation in the child's case file, inform the identified 12relative of the relative's right to a reconsideration of the 13decision to deny visitation with the identified relative, 14provide the identified relative with a description of the 15reconsideration process established in accordance with 16subsection (o) of Section 5 of this Act, and report this 17information to the court in accordance with the requirements 18of Section 2-27.3 of the Juvenile Court Act of 1987. 19 When the Department determines that an individual or a 20group of relatives are appropriate to serve as visitation 21resources or possible future placement resources, the 22Department shall document the basis of its determination, 23maintain the documentation in the child's case file, create a 24visitation or transition plan, or both, and incorporate the 25visitation or transition plan, or both, into the child's case 26plan. The Department shall report this information to the HB4966- 14 -LRB104 20048 KTG 33499 b 1court as part of the Department's family finding and relative 2engagement efforts required under Section 2-27.3 of the 3Juvenile Court Act of 1987. For the purpose of this 4subsection, any determination as to the child's best interests 5shall include consideration of the factors set out in 6subsection (4.05) of Section 1-3 of the Juvenile Court Act of 71987. 8 (2) The Department may initially place a child in a foster 9family home as defined under Section 2.17 of the Child Care Act 10of 1969 or a certified relative caregiver home as defined 11under Section 4d of this Act. Initial placement may also be 12made with a relative who is not yet a certified relative 13caregiver if all of the following conditions are met: 14 (A) The prospective relative caregiver and all other 15 adults in the home must authorize and submit to a 16 background screening that includes the components set 17 forth in subsection (c) of Section 3.4 of the Child Care 18 Act of 1969. If the results of a check of the Law 19 Enforcement Agencies Data System (LEADS) identifies a 20 prior criminal conviction of (i) the prospective relative 21 caregiver for an offense not prohibited under subsection 22 (c) of Section 3.4 of the Child Care Act of 1969 or (ii) 23 any other adult in the home for a felony offense, the 24 Department shall thoroughly investigate and evaluate the 25 criminal history, including an assessment of the person's 26 character and the impact that the criminal history has on HB4966- 15 -LRB104 20048 KTG 33499 b 1 the prospective relative caregiver's ability to parent the 2 child. The investigation must consider the type of crime, 3 the number of crimes, the nature of the offense, the age of 4 the person at the time of the crime, the length of time 5 that has elapsed since the last conviction, the 6 relationship of the crime to the ability to care for 7 children, the role that the person will have with the 8 child, and any evidence of rehabilitation. Initial 9 placement may not be made if the results of a check of the 10 Law Enforcement Agencies Data System (LEADS) identifies a 11 prior criminal conviction of the prospective relative 12 caregiver for an offense prohibited under subsection (c) 13 of Section 3.4 of the Child Care Act of 1969; however, a 14 waiver may be granted for placement of the child in 15 accordance with subsection (v-4) of Section 5. 16 (B) The home safety and needs assessment requirements 17 set forth in paragraph (1) of subsection (b) of Section 18 3.4 of the Child Care Act of 1969 are satisfied. 19 (C) The prospective relative caregiver is able to meet 20 the physical, emotional, medical, and educational needs of 21 the specific child or children being placed by the 22 Department. 23 No later than July 1, 2025, the Department shall adopt 24rules or amend existing rules to implement the provisions of 25this subsection (b-5). The rules shall outline the essential 26elements of each form used in the implementation and HB4966- 16 -LRB104 20048 KTG 33499 b 1enforcement of the provisions of this amendatory Act of the 2103rd General Assembly. 3 No later than July 1, 2025, relative caregiver payments 4shall be made to relative caregiver homes as provided under 5Section 5 of this Act. A relative with whom a child is placed 6pursuant to this subsection may, but is not required to, apply 7for licensure as a foster family home pursuant to the Child 8Care Act of 1969; provided, however, that as of July 1, 1995, 9foster care payments shall be made only to licensed foster 10family homes pursuant to the terms of Section 5 of this Act. 11 The provisions added to this subsection (b) by Public Act 1298-846 shall become operative on and after June 1, 2015. 13 (c) In placing a child under this Act, the Department 14shall ensure that the child's health, safety, and best 15interests are met. This includes children placed outside of 16the State of Illinois by the Department as required under 17Sections 7.29, 7.30, and 7.31. In rejecting placement of a 18child with an identified relative, the Department shall (i) 19ensure that the child's health, safety, and best interests are 20met, (ii) inform the identified relative of the relative's 21right to reconsideration of the decision and provide the 22identified relative with a description of the reconsideration 23process established in accordance with subsection (o) of 24Section 5 of this Act, (iii) report that the Department 25rejected the relative placement to the court in accordance 26with the requirements of Section 2-27.3 of the Juvenile Court HB4966- 17 -LRB104 20048 KTG 33499 b 1Act of 1987, and (iv) report the reason for denial in 2accordance with Section 46 of this Act. In evaluating the best 3interests of the child, the Department shall take into 4consideration the factors set forth in subsection (4.05) of 5Section 1-3 of the Juvenile Court Act of 1987. 6 The Department shall consider the individual needs of the 7child and the capacity of the prospective caregivers or 8prospective adoptive parents to meet the needs of the child. 9When a child must be placed outside the child's home and cannot 10be immediately returned to the child's parents or guardian, a 11comprehensive, individualized assessment shall be performed of 12that child at which time the needs of the child shall be 13determined. The Department shall place the child based on the 14Department's assessment of the prospective caregivers' or 15prospective adoptive parents' ability to meet the child's 16specific needs for safety, supportive care, and well-being and 17the expressed commitment of the prospective caregivers or 18adoptive parents to comply with the requirements of the 19Illinois Human Rights Act and Sections 6a, 7, 7.29, 7.30, and 207.31 of this Act. The Department shall not place a child 21without determining that the prospective caregivers or 22prospective adoptive parents have the capacity to meet the 23child's specific needs for safety, supportive care, and 24well-being, and the prospective caregivers or adoptive parents 25expressly committing to comply with the requirements of the 26Illinois Human Rights Act, the caregivers' or adoptive HB4966- 18 -LRB104 20048 KTG 33499 b 1parents' case plan obligations required under subsection (a-5) 2of Section 6a of this Act, and the requirements of Sections 7, 37.29, 7.30, and 7.31 of this Act. Only if race, color, gender, 4identity, sex, sexual orientation, or national origin is 5identified as a legitimate factor in advancing the child's 6best interests shall it be considered. Placement decisions 7shall not be made in a manner that violates a child's right to 8be free from unlawful discrimination as protected under the 9Illinois Human Rights Act. Race, color, or national origin 10shall not be routinely considered in making a placement 11decision. The Department shall make special efforts for the 12diligent recruitment of potential foster and adoptive families 13that reflect the ethnic and racial diversity of the children 14for whom foster and adoptive homes are needed. "Special 15efforts" shall include contacting and working with community 16organizations and religious organizations and may include 17contracting with those organizations, utilizing local media 18and other local resources, and conducting outreach activities. 19 This subsection (c) applies to all interstate placements 20of a child, whether made in accordance with the Interstate 21Compact on the Placement of Children, an intergovernmental 22agreement, or any other placement arrangement authorized by 23the Department to provide substitute care. This does not 24include out-of-state placements with a parent. 25 Nothing in this subsection (c) shall be construed to limit 26or diminish: (i) the rights of a child to be free from HB4966- 19 -LRB104 20048 KTG 33499 b 1discrimination or to receive care consistent with the 2protections guaranteed under State and federal law or (ii) the 3Department's obligation to act in the best interests of a 4child. 5 (c-1) At the time of placement, the Department shall 6consider concurrent planning, as described in subsection (l-1) 7of Section 5, so that permanency may occur at the earliest 8opportunity. Consideration should be given so that if 9reunification fails or is delayed, the placement made is the 10best available placement to provide permanency for the child. 11To the extent that doing so is in the child's best interests as 12set forth in subsection (4.05) of Section 1-3 of the Juvenile 13Court Act of 1987, the Department should consider placements 14that will permit the child to maintain a meaningful 15relationship with the child's parents. 16 (d) The Department may accept gifts, grants, offers of 17services, and other contributions to use in making special 18recruitment efforts. 19 (e) The Department in placing children in relative 20caregiver, certified relative caregiver, adoptive, or foster 21care homes may not, in any policy or practice relating to the 22placement of children for adoption or foster care, 23discriminate against any child or prospective caregiver or 24adoptive parent on the basis of race. 25(Source: P.A. 103-22, eff. 8-8-23; 103-1061, eff. 7-1-25.) HB4966- 20 -LRB104 20048 KTG 33499 b 1 (20 ILCS 505/7.29 new) 2 Sec. 7.29. Caregiver conduct supporting youth well-being 3and protected characteristics. 4 (a) Legislative purpose. It is the policy of this State 5that youth in the care or custody of the Department are 6entitled to safety, dignity, stability, mental health, and 7emotional well-being, including, but not limited to, respect 8for the youth's protected characteristics, and that caregiver 9conduct and placement conditions directly affect permanency, 10well-being, and best interests. 11 (b) Definitions. As used in this Section: 12 "Protected characteristic" means any characteristic 13protected under the Illinois Human Rights Act, including, but 14not limited to, actual or perceived race, color, religion, 15sex, sexual orientation, gender-related identity, national 16origin, ancestry, age, disability, pregnancy, reproductive 17health decisions, or marital status. 18 "Supportive care" means caregiving practices that are 19supportive of and responsive to a youth's identity, lived 20experience, and developmental needs and that do not subject 21the youth to rejection or hostility based on, or coercive 22efforts to change, a protected characteristic. 23 "Youth" has the meaning ascribed to that term in 24subsection (b) of Section 4e of this Act. 25 (c) Applicability. This Section applies to all caregivers, 26foster homes, relative placements, and licensed child care HB4966- 21 -LRB104 20048 KTG 33499 b 1facilities providing care to youth in the care or custody of 2the Department. 3 (d) Placement and caregiver conduct requirements. A foster 4parent, relative caregiver, group home, residential treatment 5center, child care institution, or child placing agency 6providing care to a youth shall: 7 (1) provide care in a manner that is respectful of and 8 supportive of the youth's individual identity, needs, and 9 protected characteristics as defined under the Illinois 10 Human Rights Act, and consistent with the youth's case 11 plan and best interests; and 12 (2) cooperate with the Department in supporting 13 services, care planning, and placements that are 14 consistent with the youth's health, safety, well-being, 15 and best interests. 16 (e) Prohibited conduct. A foster parent, relative 17caregiver, group home, residential treatment center, child 18care institution, or child placing agency providing care to a 19youth in the care or custody of the Department is prohibited 20from engaging in conduct that: 21 (1) demeans, harasses, rejects, intentionally 22 disregards, or retaliates against a youth based on a 23 protected characteristic; 24 (2) intentionally interferes with services, supports, 25 or treatment identified in the youth's case plan; or 26 (3) subjects a youth to practices prohibited under HB4966- 22 -LRB104 20048 KTG 33499 b 1 subsection (f) of Section 7.30 of this Act. 2 (f) Scope and limitations. Nothing in this Section shall 3be construed to: 4 (1) regulate or compel an individual's beliefs, 5 religious practices, or private speech unrelated to the 6 provision of care; 7 (2) require a caregiver to provide medical treatment 8 beyond that authorized by law, court order, parental 9 consent, or Department policy; or 10 (3) prohibit reasonable and developmentally 11 appropriate limits necessary to protect the safety of the 12 youth or others. 13 (g) Clinical judgment and safety exception. Actions taken 14in accordance with the good-faith exercise of clinical 15judgment by a licensed professional, or actions necessary to 16address immediate safety concerns, shall not constitute a 17violation of this Section, provided that such actions are not 18based on bias against a protected characteristic and are 19documented in the youth's case record. 20 (h) Licensure and contract conditions. Compliance with 21this Section is a condition of licensure, approval, and 22continued eligibility to provide care under this Act and a 23condition of any contract, grant, or purchase-of-service 24agreement with the Department. 25 (i) Enforcement. Violations of this Section may result in 26corrective action, removal of a child, enhanced monitoring, HB4966- 23 -LRB104 20048 KTG 33499 b 1placement holds, or other remedies authorized by law. 2 (j) Nothing in this Section shall be construed to limit or 3diminish: (i) the rights of a youth to be free from 4discrimination or to receive care consistent with the 5protections guaranteed under State and federal law; or (ii) 6the Department's obligation to act in the youth's best 7interests. 8 (20 ILCS 505/7.30 new) 9 Sec. 7.30. Protection of access to lawful health care for 10youth placed outside the State of Illinois. 11 (a) Findings. The General Assembly finds that: 12 (1) Youth in the care or custody of the Department 13 remain subject to the jurisdiction of Illinois courts 14 regardless of placement location, and access to medically 15 appropriate health care is essential to youth safety and 16 well-being. 17 (2) Denial or delay of medically appropriate health 18 care may result in serious physical and mental health 19 consequences. 20 (3) The Department has a continuing obligation to act 21 in the best interests of youth in its care, including 22 ensuring access to lawful, medically appropriate health 23 care authorized under Illinois law. 24 (4) It is the policy of this State to ensure that all 25 youth in the care, custody, or guardianship of the HB4966- 24 -LRB104 20048 KTG 33499 b 1 Department of Children and Family Services receive the 2 full measure of protections, rights, and services 3 guaranteed under Illinois law, regardless of the state in 4 which the Department places a youth, and the General 5 Assembly intends to protect the rights of youth placed by 6 the Department outside the physical boundaries of the 7 State of Illinois and require the Department to take 8 affirmative steps to protect youth residing outside the 9 State of Illinois when they are under the jurisdiction of 10 the juvenile court under Article II proceedings of the 11 Juvenile Court Act of 1987. 12 (b) Definitions. As used in this Section: 13 "Adverse action" means a loss of a statutory protection 14available under Illinois law that would otherwise be available 15to a youth if not for the placement of a youth outside the 16physical boundaries of the State of Illinois that can be 17reasonably predicted to have the effect of one or more of the 18following: exposing a youth or a youth's caregiver to criminal 19prosecution under the laws of another state related to the 20youth procuring or receiving health care, including mental 21health care, that is lawful in the State of Illinois; 22depriving a youth of access to health care, including mental 23health care, that is lawful in the State of Illinois; 24subjecting a youth to mental health care in another state that 25involves "sexual orientation change efforts" or "conversion 26therapy" as the terms are defined under Section 15 of the Youth HB4966- 25 -LRB104 20048 KTG 33499 b 1Mental Health Protection Act; denying youth the authority to 2consent to health care that they would otherwise be permitted 3to consent to if the youth were in the State of Illinois; or 4depriving youth of the ability to maintain the privacy of 5their health care records that they would otherwise be 6permitted to deny a parent's or guardian's access to if the 7youth were participating in health care services in Illinois. 8 "Coordination of lawful health care" means activities 9related to arranging, referring, facilitating access to, 10monitoring, or advocating for health care services, including 11mental health care, that is lawful in the State of Illinois. 12This includes communications necessary to effectuate such 13services, for youth placed outside the State of Illinois. 14 "Interstate placement" means the placement of a youth for 15whom Illinois retains legal custody or guardianship in a 16relative home, foster home, residential facility, or other 17placement located outside this State, including placements 18made pursuant to the Interstate Compact on the Placement of 19Children. This does not apply to out-of-state placement of a 20minor in the home of a parent. 21 "Youth" has the meaning ascribed to that term in 22subsection (b) of Section 4e of this Act. 23 (c) Retention of consent authority. For any youth in the 24care or custody of the Department, the Department retains 25authority to consent to and authorize health care consistent 26with Illinois law, unless otherwise ordered by a court of HB4966- 26 -LRB104 20048 KTG 33499 b 1competent jurisdiction, regardless of the youth's physical 2location. 3 (d) Individualized placement assessment for out-of-state 4placements. 5 (1) Prior to placing a youth age 8 or older outside the 6 State of Illinois, the Department shall conduct an 7 individualized assessment of the suitability and risks of 8 the proposed placement for the specific youth. The 9 Department shall monitor and continue to reassess 10 suitability and risks as required by this Section if the 11 youth is placed out-of-state. If a youth is placed 12 out-of-state before turning age 8, the Department shall 13 commence the initial assessment within 30 days of the 14 youth achieving age 8 and begin monitoring and 15 reassessment of suitability and risks under this Section 16 while the youth remains in out-of-state placement. 17 Assessments required under this Section shall consider, as 18 appropriate: 19 (A) the youth's age, development, and expressed 20 preferences; 21 (B) the youth's physical, mental, reproductive, 22 and sexual health needs, including reasonably 23 foreseeable needs that may arise during the placement; 24 (C) whether the laws of the placement jurisdiction 25 may limit or interfere with access to care or services 26 that would be lawful under Illinois law, including, HB4966- 27 -LRB104 20048 KTG 33499 b 1 but not limited to, reproductive health care as 2 defined in Section 1-10 of the Reproductive Health 3 Act, lawful health care as defined in Section 28-10 of 4 the Lawful Health Care Activity Act, a youth's 5 authority to consent to care under Sections 1, 3, 4, 6 and 5 of the Consent by Minors to Health Care Services 7 Act, the privacy protections afforded to minors under 8 the Mental Health and Developmental Disabilities 9 Confidentiality Act, birth control services and 10 information available to minors under the Birth 11 Control Services to Minors Act, and the ability of 12 youth to request and receive outpatient counseling 13 services and psychotherapy under the Mental Health and 14 Developmental Disabilities Code; 15 (D) the youth's vulnerability to discrimination, 16 retaliation, or harm based on the youth's protected 17 characteristics or other individualized factors; and 18 (E) the Department's plan to monitor and reassess 19 the suitability and risks associated with the 20 placement to ensure mitigation of risk is sufficient 21 to meet the youth's needs, which may include plans to 22 arrange equivalent protections or access to relevant 23 health care through contractual obligations and 24 supplemental services or by ensuring the youth's safe 25 return to the State of Illinois to access relevant 26 care. HB4966- 28 -LRB104 20048 KTG 33499 b 1 The Department shall document the assessment in the 2 youth's case record, including the basis for the 3 placement, the assessment of protections available, and 4 the specific actions taken or to be taken, including 5 protective measures to mitigate against adverse action and 6 report this information to the court as required under 7 Sections 2-27.2, 2-27.4, and 2-28 of the Juvenile Court 8 Act. If the Department places the youth age 8 or older 9 out-of-state, the Department shall continue to report this 10 information to the court as part of the Department's 11 required efforts under Sections 2-27.2 and 2-27.4 of the 12 Juvenile Court Act of 1987. If the Department places a 13 youth under age 8 out-of-state, the Department shall begin 14 to report this information to the court as part of the 15 Department's required efforts under Sections 2-27.2 and 16 2-27.4 of the Juvenile Court Act of 1987 when the youth 17 achieves the age of 8. 18 (2) If the initial placement assessment for a youth 19 age 8 or older finds that the placement poses risk of 20 adverse action relevant to the youth's specific 21 circumstances and that risk cannot be sufficiently and 22 effectively mitigated for this youth's circumstances, the 23 Department shall not place a youth age 8 or older unless 24 the youth expresses wishes to be placed in the receiving 25 state with a protective plan developed by the Department 26 after the youth has been sufficiently advised of the HB4966- 29 -LRB104 20048 KTG 33499 b 1 diminished protections available in the receiving state 2 and the risk these diminished protections pose to the 3 youth's specific circumstances. 4 If that youth is not already represented by legal 5 counsel, the Department shall notify the court of the 6 youth's need for legal counsel and request that the court 7 appoint legal counsel for the youth as required under 8 Section 2-17.5 of the Juvenile Court Act of 1987 to ensure 9 the youth can be sufficiently advised of the diminished 10 protections available in the receiving state and the risk 11 these diminished protections pose to the youth's specific 12 circumstances. The Department shall include the youth's 13 pre-placement assessment in the Department's request to 14 the court. 15 If the youth was under age 8 at the time of 16 out-of-state placement and the initial placement 17 assessment required under this Section for youth achieving 18 the age 8 after out-of-state placement finds that the 19 placement poses risk of adverse action relevant to the 20 youth's specific circumstances and that risk cannot be 21 sufficiently and effectively mitigated for the youth's 22 circumstances, the Department shall ensure that the youth 23 wishes to remain placed in the receiving state with a 24 protective plan developed by the Department after the 25 youth has been sufficiently advised of the diminished 26 protections available in the receiving state and the risk HB4966- 30 -LRB104 20048 KTG 33499 b 1 these diminished protections pose to the youth's specific 2 circumstances. 3 If that youth is not already represented by legal 4 counsel, the Department shall notify the court of the 5 youth's need for legal counsel and request that the court 6 appoint legal counsel for the youth as required under 7 Section 2-17.5 of the Juvenile Court Act of 1987 to ensure 8 the youth can be sufficiently advised of the diminished 9 protections available in the state of the youth's 10 placement and the risk these diminished protections pose 11 to the youth's specific circumstances. The Department 12 shall include a summary of the findings of the youth's 13 initial placement assessment in the Department's request 14 to the court. 15 (3) Nothing in this subsection (d) requires court 16 approval prior to placement unless otherwise required by 17 law. 18 (e) Ongoing duty for Illinois-based case worker contact 19and monitoring. 20 (1) For any youth age 8 or older placed outside the 21 State of Illinois, the Department shall ensure that an 22 Illinois-based caseworker maintains regular and meaningful 23 contact with the youth for the purpose of monitoring 24 safety, well-being, and access to medically appropriate 25 care. At a minimum, such contact shall include: 26 (A) direct communication with the youth at HB4966- 31 -LRB104 20048 KTG 33499 b 1 intervals consistent with Department policy, but not 2 less frequently than once per month in a manner that 3 permits the youth to speak freely without the undue 4 influence of others, about the youth's needs and 5 concerns related to health, safety, and well-being; 6 (B) monitoring whether the youth's placement is 7 complying with the Department's plan to ensure the 8 youth is receiving care that meets or exceeds Illinois 9 standards for safety, well-being, permanency planning, 10 and health care access; 11 (C) identifying emerging or reasonably foreseeable 12 health care needs, including reproductive and sexual 13 health needs, in light of the youth's age, development 14 and circumstances; and 15 (D) reassessing whether the placement continues to 16 meet the youth's needs in light of changing 17 circumstances and whether mitigation efforts are 18 needed or existing efforts require modification. Case 19 worker contact required under this subsection shall be 20 documented in the case record and reported to the 21 court as required under Sections 2-27.2, 2-27.4, and 22 2-28 of the Juvenile Court Act. 23 (2) The ongoing assessment and monitoring required 24 under this subsection shall recognize that a youth's 25 health care needs may change over time and shall not be 26 limited to conditions or needs identified at the time of HB4966- 32 -LRB104 20048 KTG 33499 b 1 placement. The Department shall document such 2 reassessments in the youth's case file. When a youth is 3 placed in a jurisdiction with laws or practices that 4 present risk of adverse action and may materially restrict 5 access to health care that would be lawful and medically 6 appropriate under Illinois law, the Department shall 7 consider whether continued placement remains in the best 8 interests of the youth. 9 (3) If the Department's ongoing monitoring and 10 assessment required under this subsection finds that the 11 risk of adverse action relevant to the youth's specific 12 circumstances can no longer be sufficiently and 13 effectively mitigated while the youth remains 14 out-of-state, as required under paragraph (1), the 15 Department shall intervene or recall the youth to Illinois 16 unless the youth expresses wishes to remain in the 17 receiving state with a protective plan, after the youth 18 has been sufficiently advised of the diminished 19 protections available to the youth in that placement and 20 the risk these diminished protections pose to the youth's 21 specific circumstances. The Department shall immediately 22 notify the youth's legal counsel when the Department is 23 considering intervening or recalling the youth as provided 24 under this paragraph. 25 If an out-of-state placement results in the denial, 26 delay, or material interference with authorized health HB4966- 33 -LRB104 20048 KTG 33499 b 1 care approved by the Department, ordered by an Illinois 2 court, or consented to by the youth as permitted by laws 3 allowing minors to consent, the Department shall initiate 4 prompt action to secure access to care or an alternative 5 placement and notify the youth's legal counsel. 6 (4) If the youth's circumstances did not require 7 appointment of legal counsel under paragraph (2) of 8 subsection (d) prior to out-of-state placement, but the 9 youth's current circumstances have changed such that 10 appointment of legal counsel is now required under 11 paragraph (2) of subsection (d) or under this subsection, 12 and the youth is not otherwise represented by legal 13 counsel, the Department shall notify the court of the 14 youth's need for legal counsel and request that the court 15 appoint legal counsel for the youth under Section 2-17.5 16 of the Juvenile Court Act of 1987. 17 (f) Prohibition on consent to conversion therapy. 18Notwithstanding any other provision of law, the Department 19shall not consent, authorize, or otherwise arrange for a youth 20to receive mental health services that involve "sexual 21orientation change efforts" or "conversion therapy" as those 22terms are defined under Section 15 of the Youth Mental Health 23Protection Act, regardless of whether the child is placed 24within or outside of this State. 25 Nothing in this subsection prohibits a youth from 26receiving voluntary counseling that does not seek to change HB4966- 34 -LRB104 20048 KTG 33499 b 1sexual orientation or gender identity, nor does it limit the 2authority of a court of competent jurisdiction to issue orders 3necessary to protect the health or safety of the youth. 4 (g) Protection of Department employees and agents. No 5employee or agent of the Department shall be subject to 6discipline, retaliation, adverse employment action, civil 7liability, or criminal liability solely for the coordination 8of lawful health care for a youth in an interstate placement, 9when such coordination is undertaken in good faith and within 10the scope of the employee's or agent's official duties in 11accordance with Sections 6a, 7, 7.29, 7.30, and 7.31 of this 12Act. 13 The Department, and any employee or agent thereof, shall 14not knowingly cooperate with or provide assistance to any 15out-of-state investigation, enforcement action, subpoena, or 16request that seeks to impose civil, criminal, or professional 17penalties on a Department employee or agent based solely on 18the coordination of lawful health care, as defined in this 19Section. 20 The State shall provide legal defense and indemnification 21to an employee or agent of the Department for any claim, 22action, or proceeding arising solely from the good-faith 23coordination of lawful health care for a youth in an 24interstate placement. 25 For purposes of any civil claim arising from conduct 26described in this subsection, Illinois law shall govern the HB4966- 35 -LRB104 20048 KTG 33499 b 1duties and obligations of the Department employee, contractor, 2or agent. 3 (h) Construction. Nothing in this Section shall be 4construed to: 5 (1) provide immunity for any act or omission unrelated 6 to the coordination of lawful health care; 7 (2) require any person or entity to violate the laws 8 of another state; 9 (3) authorize conduct that is not otherwise lawful 10 under Illinois law; 11 (4) regulate the practice of medicine in another 12 state; 13 (5) limit the authority of Illinois courts over youth 14 for whom the Department retains legal custody; 15 (6) require another state to permit or provide health 16 care services; or 17 (7) protect conduct that constitutes willful 18 misconduct or gross negligence under Illinois law. 19 (i) Applicability. This Section applies to placements made 20directly by the Department and to placements arranged in 21accordance with the Interstate Compact on the Placement of 22Children. 23 (j) Enforcement. Failure to comply with this Section 24constitutes grounds for placement denial, placement 25termination, or other remedial action authorized by law. 26 (k) Nothing in this Section shall be construed to limit or HB4966- 36 -LRB104 20048 KTG 33499 b 1diminish: (i) the rights of a youth to be free from 2discrimination or to receive care consistent with the 3protections guaranteed under State and federal law or (ii) the 4Department's obligation to act in the youth's best interests. 5 (20 ILCS 505/7.31 new) 6 Sec. 7.31. Youth-directed placement decision-making. 7 (a) Youth right to express placement preference. A youth 8age 8 or older in the care or custody of the Department has the 9right to express a placement preference, including a 10preference for an out-of-state placement, and to have that 11preference treated as a primary consideration in placement 12decisions. 13 (b) Presumption in favor of youth preference. There shall 14be a rebuttable presumption that a placement consistent with 15the youth's expressed preference is in the youth's best 16interests. 17 (c) Burden on the Department. The Department may decline 18or override a placement requested by the youth only if the 19Department demonstrates, by clear and convincing evidence, 20that the placement would pose a specific and imminent risk of 21serious harm to the youth that cannot be reasonably mitigated 22through supports, services, planning, or placement conditions. 23 (d) Required findings. Any decision to deny a youth's 24placement preference shall be: 25 (1) made in writing in an age-appropriate and HB4966- 37 -LRB104 20048 KTG 33499 b 1 developmentally appropriate manner; 2 (2) supported by individualized findings specific to 3 the youth and the requested placement; and 4 (3) descriptive of the efforts made to mitigate 5 identified risks. 6 (e) Legal counsel and advocacy. If the youth is appointed 7legal counsel, a youth asserting a placement preference under 8this Section has the right to consult with legal counsel prior 9to a final placement decision. 10 (f) Notice of rights. The Department shall provide written 11and verbal notice of the rights under this Section to youth in 12an age-appropriate and developmentally appropriate manner and 13shall document provision of the notice in the youth's case 14file. 15 (20 ILCS 505/7.32 new) 16 Sec. 7.32. Public transparency and accountability 17reporting. 18 (a) Beginning January 1, 2028, and annually every January 191 thereafter, the Department shall post on its website data 20from the preceding State fiscal year regarding: 21 (1) The following information for each youth placed 22 out-of-state: age, gender, type of placement (relative, 23 foster home, adoptive home, institution, detention, or any 24 other type of placement), and the name of the state in 25 which the youth is placed. HB4966- 38 -LRB104 20048 KTG 33499 b 1 (2) The number of violations in which the Department 2 took action pertaining to Sections 6a, 7, 7.29, 7.30, and 3 7.31 of this Act. For data related to each violation, the 4 Department shall indicate the type of action taken by the 5 Department and the outcome associated with each violation. 6 (3) A list of contracted entities that had repeat 7 findings of violations under Sections 6a, 7, 7.29, 7.30, 8 and 7.31 of this Act or under Section 8.1b of the Child 9 Care Act of 1969. 10 (4) The number of youth appointed legal counsel for 11 purposes of subsections (d) and (e) of Section 7.30. 12 The Department shall include a description of the 13methodology the Department used to collect the information for 14paragraphs (1) through (4), indicate whether the Department 15had any difficulties collecting the information, and indicate 16whether there are concerns about the validity of the 17information. If any of the data elements required to be 18disclosed under this Section could reveal a youth's identity 19if revealed in combination with all the identifying 20information due to small sample size, the Department shall 21exclude the data elements that could be used to identify the 22youth so that the data can be included as part of a larger 23sample and report that the data was excluded for this reason. 24 (b) Performance audits. Three years after the effective 25date of this amendatory Act of the 104th General Assembly, the 26Auditor General shall commence a performance audit of the HB4966- 39 -LRB104 20048 KTG 33499 b 1Department to determine whether the Department is meeting the 2requirements established by this amendatory Act of the 104th 3General Assembly in Sections 6a, 7, 7.29, 7.30, 7.31, and 7.32 4of this Act, Section 8.1b of the Child Care Act of 1969, and 5Sections 2-17.5, 2-27.2, 2-27.4, and 2-28 of the Juvenile 6Court Act of 1987. Within 3 years after the audit's release, 7the Auditor General shall commence a follow-up performance 8audit to determine whether the Department has implemented the 9recommendations contained in the initial performance audit. 10 Upon completion of each audit, the Auditor General shall 11report its findings to the General Assembly. The Auditor 12General's reports shall include any issues or deficiencies and 13recommendations. The audits required by this Section shall be 14in accordance with and subject to the Illinois State Auditing 15Act. The Department shall post both audits required under this 16subsection on the Department's website within 30 days after 17the Auditor General's finalization of the respective audit. 18 (20 ILCS 505/7.33 new) 19 Sec. 7.33. Private right of action. 20 (a) Any child or youth aggrieved by a violation of 21subsection (a-5) of Section 6a, subsection (c) of Section 7, 22or Sections 7.29, 7.30, or 7.31 may bring a civil action in a 23court of competent jurisdiction. 24 (b) An action under this Section may be brought without 25exhaustion of administrative remedies available through the HB4966- 40 -LRB104 20048 KTG 33499 b 1Department of Children and Family Services. 2 (c) Relief under this Section may include: 3 (1) injunctive and declaratory relief, including 4 orders requiring compliance with this Act; 5 (2) actual damages, including damages for emotional 6 distress, where proven; 7 (3) reasonable attorney's fees and costs; and 8 (4) any other relief the court deems appropriate. 9 The remedies provided in this Section are in addition to 10any other remedies available at law or in equity. 11 (d) This Section is in addition to and does not limit any 12enforcement authority of the Department of Children and Family 13Services. 14 (e) If any provision of this Section or its application to 15any person or circumstance is held invalid, that invalidity 16does not affect other provisions or applications of this 17Section that can be given effect without the invalid provision 18or application. 19 Section 10. The Child Care Act of 1969 is amended by adding 20Section 8.1b as follows: 21 (225 ILCS 10/8.1b new) 22 Sec. 8.1b. Supportive care for youth in care; 23youth-directed placement rights; licensure and contractual 24compliance. HB4966- 41 -LRB104 20048 KTG 33499 b 1 (a) Any child care facility, child care institution, group 2home, residential treatment center, or child placing agency 3licensed under this Act that serves a child in the care or 4custody of the Department of Children and Family Services 5shall comply with Sections 6a, 7, 7.29, 7.30, and 7.31 of the 6Children and Family Services Act. As a condition of licensure 7under this Act and of eligibility to contract with or receive 8placement referrals from the Department of Children and Family 9Services, an entity licensed under this Act that provides care 10to a child in the care or custody of the Department shall 11comply with Sections 6a, 7, 7.29, 7.30, and 7.31 of the 12Children and Family Services Act and agree, by contract or 13written agreement, to comply with those Sections. 14 (b) Cooperation with youth-directed placement decisions. A 15licensed entity and its employees, agents, and caregivers 16shall cooperate with placement decisions and processes arising 17under Section 7.31 of the Children and Family Services Act, 18including by: 19 (1) allowing youth to communicate placement 20 preferences without retaliation or interference; 21 (2) cooperating with assessments, planning, and court 22 review related to youth-directed placement requests; and 23 (3) not obstructing lawful placement transitions 24 approved by the Department or ordered by a court. 25 (c) Youth notice obligation. Licensed entities shall 26ensure that youth in their care receive the notice of rights HB4966- 42 -LRB104 20048 KTG 33499 b 1required under Section 7.31 of the Children and Family 2Services Act and shall cooperate with the Department in 3documenting delivery of such notice. 4 (d) Cooperation with health care determinations for 5Illinois youth. An entity licensed under this Act that 6provides care to a child in the care or custody of the 7Department of Children and Family Services, including a child 8placed outside the State in accordance with the Interstate 9Compact on the Placement of Children, shall cooperate with 10health care determinations and care plans authorized under 11Illinois law, approved by the Department or an Illinois court, 12or consented to by the child if the child has statutory 13authority to provide such consent. 14 (e) Enforcement. Failure to comply with this Section 15constitutes grounds for corrective action, contract 16noncompliance, placement suspension or termination, or 17licensure suspension, revocation, or modification of a license 18issued under this Act as authorized by law. 19 (f) Private right of action. Any child or youth aggrieved 20by a violation of this Section may bring a civil action in a 21court of competent jurisdiction against the licensed entity 22responsible for the violation. 23 Relief under this subsection may include injunctive or 24declaratory relief, actual damages, statutory damages, 25reasonable attorney's fees, and costs. 26 An action under this subsection may be brought without HB4966- 43 -LRB104 20048 KTG 33499 b 1exhaustion of administrative remedies available through the 2Department of Children and Family Services. 3 This subsection is in addition to and does not limit any 4enforcement authority of the Department of Children and Family 5Services. 6 (g) If any provision of this Section or its application is 7held invalid, the invalidity does not affect other provisions 8or applications of this Section. 9 Section 15. The Juvenile Court Act of 1987 is amended by 10changing Sections 2-27.2 and 2-28 and by adding Sections 112-17.5 and 2-27.4 as follows: 12 (705 ILCS 405/2-17.5 new) 13 Sec. 2-17.5. Appointment of attorney for youth in care 14with special needs. 15 (a) As used in this Section, "youth" has the meaning 16ascribed to that term in subsection (b) of Section 4e of the 17Children and Family Services Act. The term does not require 18that a youth be adjudicated dependent for purposes of this 19Section. 20 (b) Unless a youth is already represented by an attorney 21in these proceedings, an attorney shall be appointed for a 22youth in accordance with subsection (e) or (f) of Section 7.30 23of the Children and Family Services Act. 24 (c) The court shall appoint an attorney upon notice to the HB4966- 44 -LRB104 20048 KTG 33499 b 1court that a youth requires counsel under subsection (e) or 2(f) of Section 7.30 of the Children and Family Services Act. 3 (d) The Department shall develop procedures to identify a 4youth in care who has a special need specified under 5subsection (b) and to request that a court appoint an attorney 6for the youth as required under subsection (e) or (f) of 7Section 7.30 of the Children and Family Services Act. 8 (e) This Section does not limit the authority of the court 9to appoint an attorney for a minor or a guardian ad litem in a 10proceeding under this Act. 11 (705 ILCS 405/2-27.2) 12 Sec. 2-27.2. Placement; out-of-state residential treatment 13center. 14 (a) In addition to the provisions of subsection (3) of 15Section 2-27 of this Act, no placement by any probation 16officer or agency whose representative is an appointed 17guardian of the person or legal custodian of the minor may be 18made in an out-of-state residential treatment center unless 19the court has determined that the out-of-state residential 20placement is in the best interest and is the least 21restrictive, most family-like setting for the minor. The 22Department's application to the court to place a minor in an 23out-of-state residential treatment center shall include: 24 (1) an explanation of what in State resources, if any, 25 were considered for the minor and why the minor cannot be HB4966- 45 -LRB104 20048 KTG 33499 b 1 placed in a residential treatment center or other 2 placement in this State; 3 (2) an explanation as to how the out-of-state 4 residential treatment center will impact the minor's 5 relationships with family and other individuals important 6 to the minor in and what steps the Department will take to 7 preserve those relationships; 8 (3) an explanation as to how the Department will 9 ensure the safety and well-being of the minor in the 10 out-of-state residential treatment center, which shall 11 include the Department's attestation that the placement 12 has agreed to abide by the caregiver conduct required 13 under Section 6a and subsections (d) and (e) of Section 14 7.29 of the Children and Family Services Act; and 15 (4) an explanation as to why it is in the minor's best 16 interest to be placed in an out-of-state residential 17 treatment center, including a description of the minor's 18 treatment needs and how those needs will be met in the 19 proposed placement; . 20 (5) if the minor is 8 years of age or older, an 21 explanation of the individual placement assessment 22 required under paragraph (1) of subsection (d) of Section 23 7.30 of the Children and Family Services Act, including 24 any risk of adverse action and the Department's plan to 25 mitigate such risk; and 26 (6) if applicable to the minor's circumstances, a HB4966- 46 -LRB104 20048 KTG 33499 b 1 notification to the court requesting that the court 2 appoint legal counsel for the minor as required under 3 subsection (b) of Section 2-17.5 of this Act. 4 (b) If the out-of-state residential treatment center is a 5secure facility as defined in paragraph (18) of Section 1-3 of 6this Act, the requirements of Section 27.1 of this Act shall 7also be met prior to the minor's placement in the out-of-state 8residential treatment center. 9 (b-5) If the minor is age 8 or older and the selection of 10the out-of-state residential treatment center is in conflict 11with the minor's placement preference under subsection (a) of 12Section 7.31 of the Children and Family Services Act, an 13explanation of the Department's findings required to meet the 14Department's burden under subsection (c) of Section 7.31 of 15the Children and Family Services Act shall also be met prior to 16the minor's placement in the out-of-state residential 17treatment center. The court shall put in writing the factual 18basis supporting its determination that the Department has or 19has not met the burden or made the findings required under 20subsections (c) and (d) of Section 7.31 of the Children and 21Family Services Act, and shall enter specific findings based 22on evidence. 23 (c) This Section does not apply to an out-of-state 24placement of a minor in a family foster home, relative foster 25home, a home of a parent, or a dormitory or independent living 26setting of a minor attending a post-secondary educational HB4966- 47 -LRB104 20048 KTG 33499 b 1institution. 2(Source: P.A. 100-136, eff. 8-18-17.) 3 (705 ILCS 405/2-27.4 new) 4 Sec. 2-27.4. Assessment and monitoring for minors in 5out-of-state placements. 6 (a) Applicability. Prior to initiating or approving an 7out-of-state placement of a minor under the care or custody of 8the Department of Children and Family Services, including 9placements in accordance with the Interstate Compact on the 10Placement of Children, the Department shall conduct an 11individualized pre-placement assessment addressing the 12suitability and risks of the proposed placement for the 13specific minor. This applies to minors age 8 or older. This 14does not include minors being placed with parents or minors 15being placed in an out-of-state residential treatment center. 16Minors being placed in an out-of-state residential treatment 17center shall be reviewed under Section 2-27.2. 18 (b) Court notification. No later than 5 days prior to the 19out-of-state placement of a minor 8 years or age or older, the 20public agency that is the custodian or guardian of the minor 21shall file a written report with the court explaining: 22 (1) The assessment completed under subsection (d) of 23 Section 7.30 of the Children and Family Services Act, 24 including identification of any known or reasonably 25 foreseeable risks to the minor's health, safety, or HB4966- 48 -LRB104 20048 KTG 33499 b 1 well-being arising from the laws, policies, or practices 2 of the placement jurisdiction; 3 (2) the necessity and justification for the 4 out-of-state placement; 5 (3) the Department's efforts to identify an in-state 6 placement; 7 (4) the anticipated duration of the placement, if this 8 placement is not with a relative, as defined under the 9 Children and Family Services Act; 10 (5) the plan of the public agency that is the 11 custodian or guardian of the minor for maintaining regular 12 and meaningful contact between the Illinois-based assigned 13 caseworker and the minor as required under subsections (d) 14 and (e) of Section 7.30 of the Children and Family 15 Services Act; 16 (6) the minor's expressed preferences regarding the 17 placement, and for youth age 8 or older, the Department's 18 consideration of this preference in accordance with 19 subsections (d) and (e) of Section 7.31 of the Children 20 and Family Services Act; and 21 (7) if the minor's circumstances necessitate such 22 appointment under subsection (d) or (e) of Section 7.30 of 23 the Children and Family Services Act, a request that the 24 court appoint legal counsel for the minor as required 25 under Section 2-17.5 of this Act. 26 If paragraph (7) necessitates, the court shall appoint HB4966- 49 -LRB104 20048 KTG 33499 b 1legal counsel for the minor under Section 2-17.5 if the court 2determines that such appointment is required under subsection 3(d) or (e) of Section 7.30 of the Children and Family Services 4Act. 5 (c) Presumption triggering court review. Upon motion of 6the minor, the minor's attorney, the guardian ad litem, or the 7Department, the court shall conduct a review of the 8out-of-state placement if there is reason to believe that: 9 (1) the minor's health care needs are at serious risk 10 of not being met by this placement; 11 (2) the minor will not be able to reasonably access 12 care that would be lawful and medically appropriate under 13 Illinois law and there are not sufficient protective 14 measures to mitigate these circumstances, as required 15 under Section 7.30; or 16 (3) the public agency that is custodian or guardian of 17 the minor has failed to comply with the requirements of 18 Section 7.30 or 7.31. 19 (d) Upon review under this Section, the court shall find 20that the public agency that is custodian or guardian of the 21minor met or failed to meet the burden required under 22subsection (c) of Section 7.31 of the Children and Family 23Services Act. The court shall put in writing the factual basis 24supporting its determination and enter specific findings based 25on evidence. HB4966- 50 -LRB104 20048 KTG 33499 b 1 (705 ILCS 405/2-28) 2 (Text of Section before amendment by P.A. 104-107) 3 Sec. 2-28. Court review. 4 (1) The court may require any legal custodian or guardian 5of the person appointed under this Act to report periodically 6to the court or may cite the legal custodian or guardian into 7court and require the legal custodian, guardian, or the legal 8custodian's or guardian's agency to make a full and accurate 9report of the doings of the legal custodian, guardian, or 10agency on behalf of the minor. The custodian or guardian, 11within 10 days after such citation, or earlier if the court 12determines it to be necessary to protect the health, safety, 13or welfare of the minor, shall make the report, either in 14writing verified by affidavit or orally under oath in open 15court, or otherwise as the court directs. Upon the hearing of 16the report the court may remove the custodian or guardian and 17appoint another in the custodian's or guardian's stead or 18restore the minor to the custody of the minor's parents or 19former guardian or custodian. However, custody of the minor 20shall not be restored to any parent, guardian, or legal 21custodian in any case in which the minor is found to be 22neglected or abused under Section 2-3 or dependent under 23Section 2-4 of this Act, unless the minor can be cared for at 24home without endangering the minor's health or safety and it 25is in the best interests of the minor, and if such neglect, 26abuse, or dependency is found by the court under paragraph (1) HB4966- 51 -LRB104 20048 KTG 33499 b 1of Section 2-21 of this Act to have come about due to the acts 2or omissions or both of such parent, guardian, or legal 3custodian, until such time as an investigation is made as 4provided in paragraph (5) and a hearing is held on the issue of 5the fitness of such parent, guardian, or legal custodian to 6care for the minor and the court enters an order that such 7parent, guardian, or legal custodian is fit to care for the 8minor. 9 (1.5) The public agency that is the custodian or guardian 10of the minor shall file a written report with the court no 11later than 15 days after a minor in the agency's care remains: 12 (1) in a shelter placement beyond 30 days; 13 (2) in a psychiatric hospital past the time when the 14 minor is clinically ready for discharge or beyond medical 15 necessity for the minor's health; or 16 (3) in a detention center or Department of Juvenile 17 Justice facility solely because the public agency cannot 18 find an appropriate placement for the minor. 19 The report shall explain the steps the agency is taking to 20ensure the minor is placed appropriately, how the minor's 21needs are being met in the minor's shelter placement, and if a 22future placement has been identified by the Department, why 23the anticipated placement is appropriate for the needs of the 24minor and the anticipated placement date. 25 (1.6) Within 30 days after placing a child in its care in a 26qualified residential treatment program, as defined by the HB4966- 52 -LRB104 20048 KTG 33499 b 1federal Social Security Act, the Department of Children and 2Family Services shall prepare a written report for filing with 3the court and send copies of the report to all parties. Within 420 days of the filing of the report, or as soon thereafter as 5the court's schedule allows but not more than 60 days from the 6date of placement, the court shall hold a hearing to consider 7the Department's report and determine whether placement of the 8child in a qualified residential treatment program provides 9the most effective and appropriate level of care for the child 10in the least restrictive environment and if the placement is 11consistent with the short-term and long-term goals for the 12child, as specified in the permanency plan for the child. The 13court shall approve or disapprove the placement. If 14applicable, the requirements of Sections 2-27.1 and 2-27.2 of 15this Act and Sections 7.30 and 7.31 of the Children and Family 16Services Act must also be met. The Department's written report 17and the court's written determination shall be included in and 18made part of the case plan for the child. If the child remains 19placed in a qualified residential treatment program, the 20Department shall submit evidence at each status and permanency 21hearing: 22 (A) demonstrating that ongoing on-going assessment of 23 the strengths and needs of the child continues to support 24 the determination that the child's needs cannot be met 25 through placement in a foster family home, that the 26 placement provides the most effective and appropriate HB4966- 53 -LRB104 20048 KTG 33499 b 1 level of care for the child in the least restrictive, 2 appropriate environment, and that the placement is 3 consistent with the short-term and long-term permanency 4 goal for the child, as specified in the permanency plan 5 for the child; 6 (B) documenting the specific treatment or service 7 needs that should be met for the child in the placement and 8 the length of time the child is expected to need the 9 treatment or services; 10 (C) the efforts made by the agency to prepare the 11 child to return home or to be placed with a fit and willing 12 relative, a legal guardian, or an adoptive parent, or in a 13 foster family home; and 14 (D) beginning July 1, 2025, documenting the 15 Department's efforts regarding ongoing family finding and 16 relative engagement required under Section 2-27.3; and . 17 (F) if applicable, the efforts made by the public 18 agency that is guardian or custodian of the minor to 19 monitor and mitigate the risk of adverse action, as 20 defined in subsection (b) of Section 7.30, relevant to the 21 child's circumstances in an out-of-state placement. 22 (2) The first permanency hearing shall be conducted by the 23judge. Subsequent permanency hearings may be heard by a judge 24or by hearing officers appointed or approved by the court in 25the manner set forth in Section 2-28.1 of this Act. The initial 26hearing shall be held (a) within 12 months from the date HB4966- 54 -LRB104 20048 KTG 33499 b 1temporary custody was taken, regardless of whether an 2adjudication or dispositional hearing has been completed 3within that time frame, (b) if the parental rights of both 4parents have been terminated in accordance with the procedure 5described in subsection (5) of Section 2-21, within 30 days of 6the order for termination of parental rights and appointment 7of a guardian with power to consent to adoption, or (c) in 8accordance with subsection (2) of Section 2-13.1. Subsequent 9permanency hearings shall be held every 6 months or more 10frequently if necessary in the court's determination following 11the initial permanency hearing, in accordance with the 12standards set forth in this Section, until the court 13determines that the plan and goal have been achieved. Once the 14plan and goal have been achieved, if the minor remains in 15substitute care, the case shall be reviewed at least every 6 16months thereafter, subject to the provisions of this Section, 17unless the minor is placed in the guardianship of a suitable 18relative or other person and the court determines that further 19monitoring by the court does not further the health, safety, 20or best interest of the child and that this is a stable 21permanent placement. The permanency hearings must occur within 22the time frames set forth in this subsection and may not be 23delayed in anticipation of a report from any source or due to 24the agency's failure to timely file its written report (this 25written report means the one required under the next paragraph 26and does not mean the service plan also referred to in that HB4966- 55 -LRB104 20048 KTG 33499 b 1paragraph). 2 The public agency that is the custodian or guardian of the 3minor, or another agency responsible for the minor's care, 4shall ensure that all parties to the permanency hearings are 5provided a copy of the most recent service plan prepared 6within the prior 6 months at least 14 days in advance of the 7hearing. If not contained in the agency's service plan, the 8agency shall also include a report setting forth the 9following: 10 (A) any special physical, psychological, educational, 11 medical, emotional, or other needs of the minor or the 12 minor's family that are relevant to a permanency or 13 placement determination, and for any minor age 16 or over, 14 a written description of the programs and services that 15 will enable the minor to prepare for independent living; 16 (B) beginning July 1, 2025, a written description of 17 ongoing family finding and relative engagement efforts in 18 accordance with the requirements under Section 2-27.3 the 19 agency has undertaken since the most recent report to the 20 court to plan for the emotional and legal permanency of 21 the minor; 22 (C) whether a minor is placed in a licensed child care 23 facility under a corrective plan by the Department due to 24 concerns impacting the minor's safety and well-being. The 25 report shall explain the steps the Department is taking to 26 ensure the safety and well-being of the minor and that the HB4966- 56 -LRB104 20048 KTG 33499 b 1 minor's needs are met in the facility; 2 (C-1) if the minor is placed outside the State of 3 Illinois in a jurisdiction in which the minor is at risk of 4 adverse action as defined in subsection (b) of Section 5 7.30 of the Children and Family Services Act based on the 6 minor's identified needs, an explanation of the adverse 7 action and efforts made by the public agency that is 8 custodian or guardian of the minor to meet its obligations 9 as under Section 7.30 of the Children and Family Services 10 Act; 11 (C-2) an explanation of the minor's expressed 12 preferences regarding placement, and for youth age 8 or 13 older, whether the burden was met in consideration of this 14 preference in accordance with subsections (d) and (e) of 15 Section 7.31 of the Children and Family Services Act; and 16 (D) detail regarding what progress or lack of progress 17 the parent has made in correcting the conditions requiring 18 the child to be in care; whether the child can be returned 19 home without jeopardizing the child's health, safety, and 20 welfare, what permanency goal is recommended to be in the 21 best interests of the child, and the reasons for the 22 recommendation. If a permanency goal under paragraph (A), 23 (B), or (B-1) of subsection (2.3) have been deemed 24 inappropriate and not in the minor's best interest, the 25 report must include the following information: 26 (i) confirmation that the caseworker has discussed HB4966- 57 -LRB104 20048 KTG 33499 b 1 the permanency options and subsidies available for 2 guardianship and adoption with the minor's caregivers, 3 the minor's parents, as appropriate, and has discussed 4 the available permanency options with the minor in an 5 age-appropriate manner; 6 (ii) confirmation that the caseworker has 7 discussed with the minor's caregivers, the minor's 8 parents, as appropriate, and the minor as 9 age-appropriate, the distinctions between guardianship 10 and adoption, including, but not limited to, that 11 guardianship does not require termination of the 12 parent's rights or the consent of the parent; 13 (iii) a description of the stated preferences and 14 concerns, if any, the minor, the parent as 15 appropriate, and the caregiver expressed relating to 16 the options of guardianship and adoption, and the 17 reasons for the preferences; 18 (iv) if the minor is not currently in a placement 19 that will provide permanency, identification of all 20 persons presently willing and able to provide 21 permanency to the minor through either guardianship or 22 adoption, and beginning July 1, 2025, if none are 23 available, a description of the efforts made in 24 accordance with Section 2-27.3; and 25 (v) state the recommended permanency goal, why 26 that goal is recommended, and why the other potential HB4966- 58 -LRB104 20048 KTG 33499 b 1 goals were not recommended. 2 The caseworker must appear and testify at the permanency 3hearing. If a permanency hearing has not previously been 4scheduled by the court, the moving party shall move for the 5setting of a permanency hearing and the entry of an order 6within the time frames set forth in this subsection. 7 (2.3) At the permanency hearing, the court shall determine 8the permanency goal of the child. The court shall set one of 9the following permanency goals: 10 (A) The minor will be returned home by a specific date 11 within 5 months. 12 (B) The minor will be in short-term care with a 13 continued goal to return home within a period not to 14 exceed one year, where the progress of the parent or 15 parents is substantial giving particular consideration to 16 the age and individual needs of the minor. 17 (B-1) The minor will be in short-term care with a 18 continued goal to return home pending a status hearing. 19 When the court finds that a parent has not made reasonable 20 efforts or reasonable progress to date, the court shall 21 identify what actions the parent and the Department must 22 take in order to justify a finding of reasonable efforts 23 or reasonable progress and shall set a status hearing to 24 be held not earlier than 9 months from the date of 25 adjudication nor later than 11 months from the date of 26 adjudication during which the parent's progress will again HB4966- 59 -LRB104 20048 KTG 33499 b 1 be reviewed. 2 If the court has determined that goals (A), (B), and 3 (B-1) are not appropriate and not in the minor's best 4 interest, the court may select one of the following goals: 5 (C), (D), (E), (F), (G), or (H) for the minor as 6 appropriate and based on the best interests of the minor. 7 The court shall determine the appropriate goal for the 8 minor based on best interest factors and any 9 considerations outlined in that goal. 10 (C) The guardianship of the minor shall be transferred 11 to an individual or couple on a permanent basis. Prior to 12 changing the goal to guardianship, the court shall 13 consider the following: 14 (i) whether the agency has discussed adoption and 15 guardianship with the caregiver and what preference, 16 if any, the caregiver has as to the permanency goal; 17 (ii) whether the agency has discussed adoption and 18 guardianship with the minor, as age-appropriate, and 19 what preference, if any, the minor has as to the 20 permanency goal; 21 (iii) whether the minor is of sufficient age to 22 remember the minor's parents and if the child values 23 this familial identity; 24 (iv) whether the minor is placed with a relative, 25 and beginning July 1, 2025, whether the minor is 26 placed in a relative home as defined in Section 4d of HB4966- 60 -LRB104 20048 KTG 33499 b 1 the Children and Family Services Act or in a certified 2 relative caregiver home as defined in Section 2.36 of 3 the Child Care Act of 1969; and 4 (v) whether the parent or parents have been 5 informed about guardianship and adoption, and, if 6 appropriate, what preferences, if any, the parent or 7 parents have as to the permanency goal. 8 (D) The minor will be in substitute care pending court 9 determination on termination of parental rights. Prior to 10 changing the goal to substitute care pending court 11 determination on termination of parental rights, the court 12 shall consider the following: 13 (i) whether the agency has discussed adoption and 14 guardianship with the caregiver and what preference, 15 if any, the caregiver has as to the permanency goal; 16 (ii) whether the agency has discussed adoption and 17 guardianship with the minor, as age-appropriate, and 18 what preference, if any, the minor has as to the 19 permanency goal; 20 (iii) whether the minor is of sufficient age to 21 remember the minor's parents and if the child values 22 this familial identity; 23 (iv) whether the minor is placed with a relative, 24 and beginning July 1, 2025, whether the minor is 25 placed in a relative home as defined in Section 4d of 26 the Children and Family Services Act, in a certified HB4966- 61 -LRB104 20048 KTG 33499 b 1 relative caregiver home as defined in Section 2.36 of 2 the Child Care Act of 1969; 3 (v) whether the minor is already placed in a 4 pre-adoptive home, and if not, whether such a home has 5 been identified; and 6 (vi) whether the parent or parents have been 7 informed about guardianship and adoption, and, if 8 appropriate, what preferences, if any, the parent or 9 parents have as to the permanency goal. 10 (E) Adoption, provided that parental rights have been 11 terminated or relinquished. 12 (F) Provided that permanency goals (A) through (E) 13 have been deemed inappropriate and not in the minor's best 14 interests, the minor over age 15 will be in substitute 15 care pending independence. In selecting this permanency 16 goal, the Department of Children and Family Services may 17 provide services to enable reunification and to strengthen 18 the minor's connections with family, fictive kin, and 19 other responsible adults, provided the services are in the 20 minor's best interest. The services shall be documented in 21 the service plan. 22 (G) The minor will be in substitute care because the 23 minor cannot be provided for in a home environment due to 24 developmental disabilities or mental illness or because 25 the minor is a danger to self or others, provided that 26 goals (A) through (E) have been deemed inappropriate and HB4966- 62 -LRB104 20048 KTG 33499 b 1 not in the child's best interests. 2 In selecting any permanency goal, the court shall indicate 3in writing the reasons the goal was selected and why the 4preceding goals were deemed inappropriate and not in the 5child's best interest. Where the court has selected a 6permanency goal other than (A), (B), or (B-1), the Department 7of Children and Family Services shall not provide further 8reunification services, except as provided in paragraph (F) of 9this subsection (2.3), but shall provide services consistent 10with the goal selected. 11 (H) Notwithstanding any other provision in this 12 Section, the court may select the goal of continuing 13 foster care as a permanency goal if: 14 (1) The Department of Children and Family Services 15 has custody and guardianship of the minor; 16 (2) The court has deemed all other permanency 17 goals inappropriate based on the child's best 18 interest; 19 (3) The court has found compelling reasons, based 20 on written documentation reviewed by the court, to 21 place the minor in continuing foster care. Compelling 22 reasons include: 23 (a) the child does not wish to be adopted or to 24 be placed in the guardianship of the minor's 25 relative, certified relative caregiver, or foster 26 care placement; HB4966- 63 -LRB104 20048 KTG 33499 b 1 (b) the child exhibits an extreme level of 2 need such that the removal of the child from the 3 minor's placement would be detrimental to the 4 child; or 5 (c) the child who is the subject of the 6 permanency hearing has existing close and strong 7 bonds with a sibling, and achievement of another 8 permanency goal would substantially interfere with 9 the subject child's sibling relationship, taking 10 into consideration the nature and extent of the 11 relationship, and whether ongoing contact is in 12 the subject child's best interest, including 13 long-term emotional interest, as compared with the 14 legal and emotional benefit of permanence; 15 (4) The child has lived with the relative, 16 certified relative caregiver, or foster parent for at 17 least one year; and 18 (5) The relative, certified relative caregiver, or 19 foster parent currently caring for the child is 20 willing and capable of providing the child with a 21 stable and permanent environment. 22 (2.4) The court shall set a permanency goal that is in the 23best interest of the child. In determining that goal, the 24court shall consult with the minor in an age-appropriate 25manner regarding the proposed permanency or transition plan 26for the minor. The court's determination shall include the HB4966- 64 -LRB104 20048 KTG 33499 b 1following factors: 2 (A) Age of the child. 3 (B) Options available for permanence, including both 4 out-of-state and in-state placement options. 5 (C) Current placement of the child and the intent of 6 the family regarding subsidized guardianship and adoption. 7 (D) Emotional, physical, and mental status or 8 condition of the child. 9 (E) Types of services previously offered and whether 10 or not the services were successful and, if not 11 successful, the reasons the services failed. 12 (F) Availability of services currently needed and 13 whether the services exist. 14 (G) Status of siblings of the minor. 15 (H) If the minor is not currently in a placement 16 likely to achieve permanency, whether there is an 17 identified and willing potential permanent caregiver for 18 the minor, and if so, that potential permanent caregiver's 19 intent regarding guardianship and adoption. 20 The court shall consider (i) the permanency goal contained 21in the service plan, (ii) the appropriateness of the services 22contained in the plan and whether those services have been 23provided, (iii) whether reasonable efforts have been made by 24all the parties to the service plan to achieve the goal, and 25(iv) whether the plan and goal have been achieved. All 26evidence relevant to determining these questions, including HB4966- 65 -LRB104 20048 KTG 33499 b 1oral and written reports, may be admitted and may be relied on 2to the extent of their probative value. 3 The court shall make findings as to whether, in violation 4of Section 8.2 of the Abused and Neglected Child Reporting 5Act, any portion of the service plan compels a child or parent 6to engage in any activity or refrain from any activity that is 7not reasonably related to remedying a condition or conditions 8that gave rise or which could give rise to any finding of child 9abuse or neglect. The services contained in the service plan 10shall include services reasonably related to remedy the 11conditions that gave rise to removal of the child from the home 12of the child's parents, guardian, or legal custodian or that 13the court has found must be remedied prior to returning the 14child home. Any tasks the court requires of the parents, 15guardian, or legal custodian or child prior to returning the 16child home must be reasonably related to remedying a condition 17or conditions that gave rise to or which could give rise to any 18finding of child abuse or neglect. 19 If the permanency goal is to return home, the court shall 20make findings that identify any problems that are causing 21continued placement of the children away from the home and 22identify what outcomes would be considered a resolution to 23these problems. The court shall explain to the parents that 24these findings are based on the information that the court has 25at that time and may be revised, should additional evidence be 26presented to the court. HB4966- 66 -LRB104 20048 KTG 33499 b 1 The court shall review the Sibling Contact Support Plan 2developed or modified under subsection (f) of Section 7.4 of 3the Children and Family Services Act, if applicable. If the 4Department has not convened a meeting to develop or modify a 5Sibling Contact Support Plan, or if the court finds that the 6existing Plan is not in the child's best interest, the court 7may enter an order requiring the Department to develop, 8modify, or implement a Sibling Contact Support Plan, or order 9mediation. 10 The Beginning July 1, 2025, the court shall review the 11Ongoing Family Finding and Relative Engagement Plan required 12under Section 2-27.3. If the court finds that the plan is not 13in the minor's best interest, the court shall enter specific 14factual findings and order the Department to modify the plan 15consistent with the court's findings. 16 If the goal has been achieved, the court shall enter 17orders that are necessary to conform the minor's legal custody 18and status to those findings. 19 If, after receiving evidence, the court determines that 20the services contained in the plan are not reasonably 21calculated to facilitate achievement of the permanency goal, 22the court shall put in writing the factual basis supporting 23the determination and enter specific findings based on the 24evidence. The court also shall enter an order for the 25Department to develop and implement a new service plan or to 26implement changes to the current service plan consistent with HB4966- 67 -LRB104 20048 KTG 33499 b 1the court's findings. The new service plan shall be filed with 2the court and served on all parties within 45 days of the date 3of the order. The court shall continue the matter until the new 4service plan is filed. Except as authorized by subsection 5(2.5) of this Section and as otherwise specifically authorized 6by law, the court is not empowered under this Section to order 7specific placements, specific services, or specific service 8providers to be included in the service plan. 9 A guardian or custodian appointed by the court pursuant to 10this Act shall file updated case plans with the court every 6 11months. 12 Rights of wards of the court under this Act are 13enforceable against any public agency by complaints for relief 14by mandamus filed in any proceedings brought under this Act. 15 (2.5) If, after reviewing the evidence, including evidence 16from the Department, the court determines that the minor's 17current or planned placement is not necessary or appropriate 18to facilitate achievement of the permanency goal, the court 19shall put in writing the factual basis supporting its 20determination and enter specific findings based on the 21evidence. If the court finds that the minor's current or 22planned placement is not necessary or appropriate, the court 23may enter an order directing the Department to implement a 24recommendation by the minor's treating clinician or a 25clinician contracted by the Department to evaluate the minor 26or a recommendation made by the Department. If the Department HB4966- 68 -LRB104 20048 KTG 33499 b 1places a minor in a placement under an order entered under this 2subsection (2.5), the Department has the authority to remove 3the minor from that placement when a change in circumstances 4necessitates the removal to protect the minor's health, 5safety, and best interest. If the Department determines 6removal is necessary, the Department shall notify the parties 7of the planned placement change in writing no later than 10 8days prior to the implementation of its determination unless 9remaining in the placement poses an imminent risk of harm to 10the minor, in which case the Department shall notify the 11parties of the placement change in writing immediately 12following the implementation of its decision. The Department 13shall notify others of the decision to change the minor's 14placement as required by Department rule. 15 (3) Following the permanency hearing, the court shall 16enter a written order that includes the determinations 17required under subsections (2) and (2.3) of this Section and 18sets forth the following: 19 (a) The future status of the minor, including the 20 permanency goal, and any order necessary to conform the 21 minor's legal custody and status to such determination; or 22 (b) If the permanency goal of the minor cannot be 23 achieved immediately, the specific reasons for continuing 24 the minor in the care of the Department of Children and 25 Family Services or other agency for short-term placement, 26 and the following determinations: HB4966- 69 -LRB104 20048 KTG 33499 b 1 (i) (Blank). 2 (ii) Whether the services required by the court 3 and by any service plan prepared within the prior 6 4 months have been provided and (A) if so, whether the 5 services were reasonably calculated to facilitate the 6 achievement of the permanency goal or (B) if not 7 provided, why the services were not provided. 8 (iii) Whether the minor's current or planned 9 placement is necessary, and appropriate to the plan 10 and goal, recognizing the right of minors to the least 11 restrictive (most family-like) setting available and 12 in close proximity to the parents' home consistent 13 with the health, safety, best interest, and special 14 needs of the minor and, if the minor is placed 15 out-of-state, whether the out-of-state placement 16 continues to be appropriate and consistent with the 17 health, safety, and best interest of the minor and, if 18 the minor is placed out-of-state, whether the 19 out-of-state placement continues to be appropriate and 20 consistent with the health, safety, well-being, and 21 best interest of the minor with sufficient protective 22 measures or efforts taken by the public agency that is 23 the custodian or guardian of the minor as required 24 under Section 7.30 of the Children and Family Services 25 Act. 26 (iv) (Blank). HB4966- 70 -LRB104 20048 KTG 33499 b 1 (v) (Blank). 2 (4) The minor or any person interested in the minor may 3apply to the court for a change in custody of the minor and the 4appointment of a new custodian or guardian of the person or for 5the restoration of the minor to the custody of the minor's 6parents or former guardian or custodian. 7 When return home is not selected as the permanency goal: 8 (a) The Department, the minor, or the current foster 9 parent or relative caregiver seeking private guardianship 10 may file a motion for private guardianship of the minor. 11 Appointment of a guardian under this Section requires 12 approval of the court. 13 (b) The State's Attorney may file a motion to 14 terminate parental rights of any parent who has failed to 15 make reasonable efforts to correct the conditions which 16 led to the removal of the child or reasonable progress 17 toward the return of the child, as defined in subdivision 18 (D)(m) of Section 1 of the Adoption Act or for whom any 19 other unfitness ground for terminating parental rights as 20 defined in subdivision (D) of Section 1 of the Adoption 21 Act exists. 22 When parental rights have been terminated for a 23 minimum of 3 years and the child who is the subject of the 24 permanency hearing is 13 years old or older and is not 25 currently placed in a placement likely to achieve 26 permanency, the Department of Children and Family Services HB4966- 71 -LRB104 20048 KTG 33499 b 1 shall make reasonable efforts to locate parents whose 2 rights have been terminated, except when the Court 3 determines that those efforts would be futile or 4 inconsistent with the subject child's best interests. The 5 Department of Children and Family Services shall assess 6 the appropriateness of the parent whose rights have been 7 terminated, and shall, as appropriate, foster and support 8 connections between the parent whose rights have been 9 terminated and the youth. The Department of Children and 10 Family Services shall document its determinations and 11 efforts to foster connections in the child's case plan. 12 Custody of the minor shall not be restored to any parent, 13guardian, or legal custodian in any case in which the minor is 14found to be neglected or abused under Section 2-3 or dependent 15under Section 2-4 of this Act, unless the minor can be cared 16for at home without endangering the minor's health or safety 17and it is in the best interest of the minor, and if such 18neglect, abuse, or dependency is found by the court under 19paragraph (1) of Section 2-21 of this Act to have come about 20due to the acts or omissions or both of such parent, guardian, 21or legal custodian, until such time as an investigation is 22made as provided in paragraph (5) and a hearing is held on the 23issue of the health, safety, and best interest of the minor and 24the fitness of such parent, guardian, or legal custodian to 25care for the minor and the court enters an order that such 26parent, guardian, or legal custodian is fit to care for the HB4966- 72 -LRB104 20048 KTG 33499 b 1minor. If a motion is filed to modify or vacate a private 2guardianship order and return the child to a parent, guardian, 3or legal custodian, the court may order the Department of 4Children and Family Services to assess the minor's current and 5proposed living arrangements and to provide ongoing monitoring 6of the health, safety, and best interest of the minor during 7the pendency of the motion to assist the court in making that 8determination. In the event that the minor has attained 18 9years of age and the guardian or custodian petitions the court 10for an order terminating the minor's guardianship or custody, 11guardianship or custody shall terminate automatically 30 days 12after the receipt of the petition unless the court orders 13otherwise. No legal custodian or guardian of the person may be 14removed without the legal custodian's or guardian's consent 15until given notice and an opportunity to be heard by the court. 16 When the court orders a child restored to the custody of 17the parent or parents, the court shall order the parent or 18parents to cooperate with the Department of Children and 19Family Services and comply with the terms of an aftercare 20after-care plan, or risk the loss of custody of the child and 21possible termination of their parental rights. The court may 22also enter an order of protective supervision in accordance 23with Section 2-24. 24 If the minor is being restored to the custody of a parent, 25legal custodian, or guardian who lives outside of Illinois, 26and an Interstate Compact has been requested and refused, the HB4966- 73 -LRB104 20048 KTG 33499 b 1court may order the Department of Children and Family Services 2to arrange for an assessment of the minor's proposed living 3arrangement and for ongoing monitoring of the health, safety, 4and best interest of the minor and compliance with any order of 5protective supervision entered in accordance with Section 62-24. 7 (5) Whenever a parent, guardian, or legal custodian files 8a motion for restoration of custody of the minor, and the minor 9was adjudicated neglected, abused, or dependent as a result of 10physical abuse, the court shall cause to be made an 11investigation as to whether the movant has ever been charged 12with or convicted of any criminal offense which would indicate 13the likelihood of any further physical abuse to the minor. 14Evidence of such criminal convictions shall be taken into 15account in determining whether the minor can be cared for at 16home without endangering the minor's health or safety and 17fitness of the parent, guardian, or legal custodian. 18 (a) Any agency of this State or any subdivision 19 thereof shall cooperate with the agent of the court in 20 providing any information sought in the investigation. 21 (b) The information derived from the investigation and 22 any conclusions or recommendations derived from the 23 information shall be provided to the parent, guardian, or 24 legal custodian seeking restoration of custody prior to 25 the hearing on fitness and the movant shall have an 26 opportunity at the hearing to refute the information or HB4966- 74 -LRB104 20048 KTG 33499 b 1 contest its significance. 2 (c) All information obtained from any investigation 3 shall be confidential as provided in Section 5-150 of this 4 Act. 5(Source: P.A. 103-22, eff. 8-8-23; 103-154, eff. 6-30-23; 6103-171, eff. 1-1-24; 103-605, eff. 7-1-24; 103-1061, eff. 72-5-25; 104-2, eff. 6-16-25; revised 8-20-25.) 8 (Text of Section after amendment by P.A. 104-107) 9 Sec. 2-28. Court review. 10 (1) The court may require any legal custodian or guardian 11of the person appointed under this Act to report periodically 12to the court or may cite the legal custodian or guardian into 13court and require the legal custodian, guardian, or the legal 14custodian's or guardian's agency to make a full and accurate 15report of the doings of the legal custodian, guardian, or 16agency on behalf of the minor. The custodian or guardian, 17within 10 days after such citation, or earlier if the court 18determines it to be necessary to protect the health, safety, 19or welfare of the minor, shall make the report, either in 20writing verified by affidavit or orally under oath in open 21court, or otherwise as the court directs. Upon the hearing of 22the report the court may remove the custodian or guardian and 23appoint another in the custodian's or guardian's stead or 24restore the minor to the custody of the minor's parents or 25former guardian or custodian. However, custody of the minor HB4966- 75 -LRB104 20048 KTG 33499 b 1shall not be restored to any parent, guardian, or legal 2custodian in any case in which the minor is found to be 3neglected or abused under Section 2-3 or dependent under 4Section 2-4 of this Act, unless the minor can be cared for at 5home without endangering the minor's health or safety and it 6is in the best interests of the minor, and if such neglect, 7abuse, or dependency is found by the court under paragraph (1) 8of Section 2-21 of this Act to have come about due to the acts 9or omissions or both of such parent, guardian, or legal 10custodian, until such time as an investigation is made as 11provided in paragraph (5) and a hearing is held on the issue of 12the fitness of such parent, guardian, or legal custodian to 13care for the minor and the court enters an order that such 14parent, guardian, or legal custodian is fit to care for the 15minor. 16 (1.5) The public agency that is the custodian or guardian 17of the minor shall file a written report with the court no 18later than 15 days after a minor in the agency's care remains: 19 (1) in a shelter placement beyond 30 days; 20 (2) in a psychiatric hospital past the time when the 21 minor is clinically ready for discharge or beyond medical 22 necessity for the minor's health; or 23 (3) in a detention center or Department of Juvenile 24 Justice facility solely because the public agency cannot 25 find an appropriate placement for the minor. 26 The report shall explain the steps the agency is taking to HB4966- 76 -LRB104 20048 KTG 33499 b 1ensure the minor is placed appropriately, how the minor's 2needs are being met in the minor's shelter placement, and if a 3future placement has been identified by the Department, why 4the anticipated placement is appropriate for the needs of the 5minor and the anticipated placement date. 6 (1.6) Within 30 days after placing a child in its care in a 7qualified residential treatment program, as defined by the 8federal Social Security Act, the Department of Children and 9Family Services shall prepare a written report for filing with 10the court and send copies of the report to all parties. Within 1120 days of the filing of the report, or as soon thereafter as 12the court's schedule allows but not more than 60 days from the 13date of placement, the court shall hold a hearing to consider 14the Department's report and determine whether placement of the 15child in a qualified residential treatment program provides 16the most effective and appropriate level of care for the child 17in the least restrictive environment and if the placement is 18consistent with the short-term and long-term goals for the 19child, as specified in the permanency plan for the child. The 20court shall approve or disapprove the placement. If 21applicable, the requirements of Sections 2-27.1 and 2-27.2 of 22the Act and Sections 7.30 and 7.31 of the Children and Family 23Services Act must also be met. The Department's written report 24and the court's written determination shall be included in and 25made part of the case plan for the child. If the child remains 26placed in a qualified residential treatment program, the HB4966- 77 -LRB104 20048 KTG 33499 b 1Department shall submit evidence at each status and permanency 2hearing: 3 (A) demonstrating that ongoing on-going assessment of 4 the strengths and needs of the child continues to support 5 the determination that the child's needs cannot be met 6 through placement in a foster family home, that the 7 placement provides the most effective and appropriate 8 level of care for the child in the least restrictive, 9 appropriate environment, and that the placement is 10 consistent with the short-term and long-term permanency 11 goal for the child, as specified in the permanency plan 12 for the child; 13 (B) documenting the specific treatment or service 14 needs that should be met for the child in the placement and 15 the length of time the child is expected to need the 16 treatment or services; 17 (C) detailing the efforts made by the agency to 18 prepare the child to return home or to be placed with a fit 19 and willing relative, a legal guardian, or an adoptive 20 parent, or in a foster family home; 21 (D) beginning July 1, 2025, documenting the 22 Department's efforts regarding ongoing family finding and 23 relative engagement required under Section 2-27.3; and 24 (E) detailing efforts to ensure the minor is engaged 25 in age and developmentally appropriate activities to 26 develop life skills, which may include extracurricular HB4966- 78 -LRB104 20048 KTG 33499 b 1 activities, coaching by caregivers, or instruction in 2 individual or group settings. For minors who have 3 participated in life skills assessments, the results of 4 such assessments and how the minor's identified needs are 5 being addressed; and . 6 (F) if applicable, the efforts made by the public 7 agency that is guardian or custodian of the minor to 8 monitor and mitigate the risk of adverse action, as 9 defined in subsection (b) of Section 7.30, relevant to the 10 child's circumstances in an out-of-state placement. 11 (2) The first permanency hearing shall be conducted by the 12judge. Subsequent permanency hearings may be heard by a judge 13or by hearing officers appointed or approved by the court in 14the manner set forth in Section 2-28.1 of this Act. The initial 15hearing shall be held (a) within 12 months from the date 16temporary custody was taken, regardless of whether an 17adjudication or dispositional hearing has been completed 18within that time frame, (b) if the parental rights of both 19parents have been terminated in accordance with the procedure 20described in subsection (5) of Section 2-21, within 30 days of 21the order for termination of parental rights and appointment 22of a guardian with power to consent to adoption, or (c) in 23accordance with subsection (2) of Section 2-13.1. Subsequent 24permanency hearings shall be held every 6 months or more 25frequently if necessary in the court's determination following 26the initial permanency hearing, in accordance with the HB4966- 79 -LRB104 20048 KTG 33499 b 1standards set forth in this Section, until the court 2determines that the plan and goal have been achieved. Once the 3plan and goal have been achieved, if the minor remains in 4substitute care, the case shall be reviewed at least every 6 5months thereafter, subject to the provisions of this Section, 6unless the minor is placed in the guardianship of a suitable 7relative or other person and the court determines that further 8monitoring by the court does not further the health, safety, 9or best interest of the child and that this is a stable 10permanent placement. The permanency hearings must occur within 11the time frames set forth in this subsection and may not be 12delayed in anticipation of a report from any source or due to 13the agency's failure to timely file its written report (this 14written report means the one required under the next paragraph 15and does not mean the service plan also referred to in that 16paragraph). 17 The public agency that is the custodian or guardian of the 18minor, or another agency responsible for the minor's care, 19shall ensure that all parties to the permanency hearings are 20provided a copy of the most recent service plan prepared 21within the prior 6 months at least 14 days in advance of the 22hearing. If not contained in the agency's service plan, the 23agency shall also include a report setting forth the 24following: 25 (A) any special physical, psychological, educational, 26 medical, emotional, or other needs of the minor or the HB4966- 80 -LRB104 20048 KTG 33499 b 1 minor's family that are relevant to a permanency or 2 placement determination, and for any minor age 16 or over, 3 a written description of the programs and services that 4 will enable the minor to prepare for independent living; 5 (B) beginning July 1, 2025, a written description of 6 ongoing family finding and relative engagement efforts in 7 accordance with the requirements under Section 2-27.3 the 8 agency has undertaken since the most recent report to the 9 court to plan for the emotional and legal permanency of 10 the minor; 11 (C) whether a minor is placed in a licensed child care 12 facility under a corrective plan by the Department due to 13 concerns impacting the minor's safety and well-being. The 14 report shall explain the steps the Department is taking to 15 ensure the safety and well-being of the minor and that the 16 minor's needs are met in the facility; 17 (C-1) if the minor is placed outside the State of 18 Illinois in a jurisdiction in which the minor is at risk of 19 adverse action as defined in subsection (b) of Section 20 7.30 of the Children and Family Services Act based on the 21 minor's identified needs, an explanation of the adverse 22 action and the efforts made by the public agency that is 23 the custodian or guardian of the minor to meet its 24 obligations under Section 7.30 of the Children and Family 25 Services Act; 26 (C-2) an explanation of the minor's expressed HB4966- 81 -LRB104 20048 KTG 33499 b 1 preferences regarding placement, and for youth age 8 or 2 older, whether the burden was met in consideration of this 3 preference in accordance with subsections (d) and (e) of 4 Section 7.31 of the Children and Family Services Act; and 5 (D) detail regarding what progress or lack of progress 6 the parent has made in correcting the conditions requiring 7 the child to be in care; whether the child can be returned 8 home without jeopardizing the child's health, safety, and 9 welfare, what permanency goal is recommended to be in the 10 best interests of the child, and the reasons for the 11 recommendation. If a permanency goal under paragraph (A), 12 (B), or (B-1) of subsection (2.3) have been deemed 13 inappropriate and not in the minor's best interest, the 14 report must include the following information: 15 (i) confirmation that the caseworker has discussed 16 the permanency options and subsidies available for 17 guardianship and adoption with the minor's caregivers, 18 the minor's parents, as appropriate, and has discussed 19 the available permanency options with the minor in an 20 age-appropriate manner; 21 (ii) confirmation that the caseworker has 22 discussed with the minor's caregivers, the minor's 23 parents, as appropriate, and the minor as 24 age-appropriate, the distinctions between guardianship 25 and adoption, including, but not limited to, that 26 guardianship does not require termination of the HB4966- 82 -LRB104 20048 KTG 33499 b 1 parent's rights or the consent of the parent; 2 (iii) a description of the stated preferences and 3 concerns, if any, the minor, the parent as 4 appropriate, and the caregiver expressed relating to 5 the options of guardianship and adoption, and the 6 reasons for the preferences; 7 (iv) if the minor is not currently in a placement 8 that will provide permanency, identification of all 9 persons presently willing and able to provide 10 permanency to the minor through either guardianship or 11 adoption, and beginning July 1, 2025, if none are 12 available, a description of the efforts made in 13 accordance with Section 2-27.3; and 14 (v) state the recommended permanency goal, why 15 that goal is recommended, and why the other potential 16 goals were not recommended. 17 The caseworker must appear and testify at the permanency 18hearing. If a permanency hearing has not previously been 19scheduled by the court, the moving party shall move for the 20setting of a permanency hearing and the entry of an order 21within the time frames set forth in this subsection. 22 (2.3) At the permanency hearing, the court shall determine 23the permanency goal of the child. The court shall set one of 24the following permanency goals: 25 (A) The minor will be returned home by a specific date 26 within 5 months. HB4966- 83 -LRB104 20048 KTG 33499 b 1 (B) The minor will be in short-term care with a 2 continued goal to return home within a period not to 3 exceed one year, where the progress of the parent or 4 parents is substantial giving particular consideration to 5 the age and individual needs of the minor. 6 (B-1) The minor will be in short-term care with a 7 continued goal to return home pending a status hearing. 8 When the court finds that a parent has not made reasonable 9 efforts or reasonable progress to date, the court shall 10 identify what actions the parent and the Department must 11 take in order to justify a finding of reasonable efforts 12 or reasonable progress and shall set a status hearing to 13 be held not earlier than 9 months from the date of 14 adjudication nor later than 11 months from the date of 15 adjudication during which the parent's progress will again 16 be reviewed. 17 If the court has determined that goals (A), (B), and 18 (B-1) are not appropriate and not in the minor's best 19 interest, the court may select one of the following goals: 20 (C), (D), (E), (F), (G), or (H) for the minor as 21 appropriate and based on the best interests of the minor. 22 The court shall determine the appropriate goal for the 23 minor based on best interest factors and any 24 considerations outlined in that goal. 25 (C) The guardianship of the minor shall be transferred 26 to an individual or couple on a permanent basis. Prior to HB4966- 84 -LRB104 20048 KTG 33499 b 1 changing the goal to guardianship, the court shall 2 consider the following: 3 (i) whether the agency has discussed adoption and 4 guardianship with the caregiver and what preference, 5 if any, the caregiver has as to the permanency goal; 6 (ii) whether the agency has discussed adoption and 7 guardianship with the minor, as age-appropriate, and 8 what preference, if any, the minor has as to the 9 permanency goal; 10 (iii) whether the minor is of sufficient age to 11 remember the minor's parents and if the child values 12 this familial identity; 13 (iv) whether the minor is placed with a relative, 14 and beginning July 1, 2025, whether the minor is 15 placed in a relative home as defined in Section 4d of 16 the Children and Family Services Act or in a certified 17 relative caregiver home as defined in Section 2.36 of 18 the Child Care Act of 1969; and 19 (v) whether the parent or parents have been 20 informed about guardianship and adoption, and, if 21 appropriate, what preferences, if any, the parent or 22 parents have as to the permanency goal. 23 (D) The minor will be in substitute care pending court 24 determination on termination of parental rights. Prior to 25 changing the goal to substitute care pending court 26 determination on termination of parental rights, the court HB4966- 85 -LRB104 20048 KTG 33499 b 1 shall consider the following: 2 (i) whether the agency has discussed adoption and 3 guardianship with the caregiver and what preference, 4 if any, the caregiver has as to the permanency goal; 5 (ii) whether the agency has discussed adoption and 6 guardianship with the minor, as age-appropriate, and 7 what preference, if any, the minor has as to the 8 permanency goal; 9 (iii) whether the minor is of sufficient age to 10 remember the minor's parents and if the child values 11 this familial identity; 12 (iv) whether the minor is placed with a relative, 13 and beginning July 1, 2025, whether the minor is 14 placed in a relative home as defined in Section 4d of 15 the Children and Family Services Act, in a certified 16 relative caregiver home as defined in Section 2.36 of 17 the Child Care Act of 1969; 18 (v) whether the minor is already placed in a 19 pre-adoptive home, and if not, whether such a home has 20 been identified; and 21 (vi) whether the parent or parents have been 22 informed about guardianship and adoption, and, if 23 appropriate, what preferences, if any, the parent or 24 parents have as to the permanency goal. 25 (E) Adoption, provided that parental rights have been 26 terminated or relinquished. HB4966- 86 -LRB104 20048 KTG 33499 b 1 (F) Provided that permanency goals (A) through (E) 2 have been deemed inappropriate and not in the minor's best 3 interests, the minor over age 15 will be in substitute 4 care pending independence. In selecting this permanency 5 goal, the Department of Children and Family Services may 6 provide services to enable reunification and to strengthen 7 the minor's connections with family, fictive kin, and 8 other responsible adults, provided the services are in the 9 minor's best interest. The services shall be documented in 10 the service plan. 11 (G) The minor will be in substitute care because the 12 minor cannot be provided for in a home environment due to 13 developmental disabilities or mental illness or because 14 the minor is a danger to self or others, provided that 15 goals (A) through (E) have been deemed inappropriate and 16 not in the child's best interests. 17 In selecting any permanency goal, the court shall indicate 18in writing the reasons the goal was selected and why the 19preceding goals were deemed inappropriate and not in the 20child's best interest. Where the court has selected a 21permanency goal other than (A), (B), or (B-1), the Department 22of Children and Family Services shall not provide further 23reunification services, except as provided in paragraph (F) of 24this subsection (2.3), but shall provide services consistent 25with the goal selected. 26 (H) Notwithstanding any other provision in this HB4966- 87 -LRB104 20048 KTG 33499 b 1 Section, the court may select the goal of continuing 2 foster care as a permanency goal if: 3 (1) The Department of Children and Family Services 4 has custody and guardianship of the minor; 5 (2) The court has deemed all other permanency 6 goals inappropriate based on the child's best 7 interest; 8 (3) The court has found compelling reasons, based 9 on written documentation reviewed by the court, to 10 place the minor in continuing foster care. Compelling 11 reasons include: 12 (a) the child does not wish to be adopted or to 13 be placed in the guardianship of the minor's 14 relative, certified relative caregiver, or foster 15 care placement; 16 (b) the child exhibits an extreme level of 17 need such that the removal of the child from the 18 minor's placement would be detrimental to the 19 child; or 20 (c) the child who is the subject of the 21 permanency hearing has existing close and strong 22 bonds with a sibling, and achievement of another 23 permanency goal would substantially interfere with 24 the subject child's sibling relationship, taking 25 into consideration the nature and extent of the 26 relationship, and whether ongoing contact is in HB4966- 88 -LRB104 20048 KTG 33499 b 1 the subject child's best interest, including 2 long-term emotional interest, as compared with the 3 legal and emotional benefit of permanence; 4 (4) The child has lived with the relative, 5 certified relative caregiver, or foster parent for at 6 least one year; and 7 (5) The relative, certified relative caregiver, or 8 foster parent currently caring for the child is 9 willing and capable of providing the child with a 10 stable and permanent environment. 11 (2.4) The court shall set a permanency goal that is in the 12best interest of the child. In determining that goal, the 13court shall consult with the minor in an age-appropriate 14manner regarding the proposed permanency or transition plan 15for the minor. The court's determination shall include the 16following factors: 17 (A) Age of the child. 18 (B) Options available for permanence, including both 19 out-of-state and in-state placement options. 20 (C) Current placement of the child and the intent of 21 the family regarding subsidized guardianship and adoption. 22 (D) Emotional, physical, and mental status or 23 condition of the child. 24 (E) Types of services previously offered and whether 25 or not the services were successful and, if not 26 successful, the reasons the services failed. HB4966- 89 -LRB104 20048 KTG 33499 b 1 (F) Availability of services currently needed and 2 whether the services exist. 3 (G) Status of siblings of the minor. 4 (H) If the minor is not currently in a placement 5 likely to achieve permanency, whether there is an 6 identified and willing potential permanent caregiver for 7 the minor, and if so, that potential permanent caregiver's 8 intent regarding guardianship and adoption. 9 The court shall consider (i) the permanency goal contained 10in the service plan, (ii) the appropriateness of the services 11contained in the plan and whether those services have been 12provided, (iii) whether reasonable efforts have been made by 13all the parties to the service plan to achieve the goal, and 14(iv) whether the plan and goal have been achieved. All 15evidence relevant to determining these questions, including 16oral and written reports, may be admitted and may be relied on 17to the extent of their probative value. 18 The court shall make findings as to whether, in violation 19of Section 8.2 of the Abused and Neglected Child Reporting 20Act, any portion of the service plan compels a child or parent 21to engage in any activity or refrain from any activity that is 22not reasonably related to remedying a condition or conditions 23that gave rise or which could give rise to any finding of child 24abuse or neglect. The services contained in the service plan 25shall include services reasonably related to remedy the 26conditions that gave rise to removal of the child from the home HB4966- 90 -LRB104 20048 KTG 33499 b 1of the child's parents, guardian, or legal custodian or that 2the court has found must be remedied prior to returning the 3child home. Any tasks the court requires of the parents, 4guardian, or legal custodian or child prior to returning the 5child home must be reasonably related to remedying a condition 6or conditions that gave rise to or which could give rise to any 7finding of child abuse or neglect. 8 If the permanency goal is to return home, the court shall 9make findings that identify any problems that are causing 10continued placement of the children away from the home and 11identify what outcomes would be considered a resolution to 12these problems. The court shall explain to the parents that 13these findings are based on the information that the court has 14at that time and may be revised, should additional evidence be 15presented to the court. 16 The court shall review the Sibling Contact Support Plan 17developed or modified under subsection (f) of Section 7.4 of 18the Children and Family Services Act, if applicable. If the 19Department has not convened a meeting to develop or modify a 20Sibling Contact Support Plan, or if the court finds that the 21existing Plan is not in the child's best interest, the court 22may enter an order requiring the Department to develop, 23modify, or implement a Sibling Contact Support Plan, or order 24mediation. 25 The court shall review the Department's efforts to provide 26the minor with age and developmentally appropriate life HB4966- 91 -LRB104 20048 KTG 33499 b 1skills. If the court finds the Department's efforts are not in 2the minor's best interest, the court may enter an order 3requiring the Department to develop, modify, or implement the 4service plan to develop the minor's life skills in an age and 5developmentally appropriate manner. 6 The Beginning July 1, 2025, the court shall review the 7Ongoing Family Finding and Relative Engagement Plan required 8under Section 2-27.3. If the court finds that the plan is not 9in the minor's best interest, the court shall enter specific 10factual findings and order the Department to modify the plan 11consistent with the court's findings. 12 If the goal has been achieved, the court shall enter 13orders that are necessary to conform the minor's legal custody 14and status to those findings. 15 If, after receiving evidence, the court determines that 16the services contained in the plan are not reasonably 17calculated to facilitate achievement of the permanency goal, 18the court shall put in writing the factual basis supporting 19the determination and enter specific findings based on the 20evidence. The court also shall enter an order for the 21Department to develop and implement a new service plan or to 22implement changes to the current service plan consistent with 23the court's findings. The new service plan shall be filed with 24the court and served on all parties within 45 days of the date 25of the order. The court shall continue the matter until the new 26service plan is filed. Except as authorized by subsection HB4966- 92 -LRB104 20048 KTG 33499 b 1(2.5) of this Section and as otherwise specifically authorized 2by law, the court is not empowered under this Section to order 3specific placements, specific services, or specific service 4providers to be included in the service plan. 5 A guardian or custodian appointed by the court pursuant to 6this Act shall file updated case plans with the court every 6 7months. 8 Rights of wards of the court under this Act are 9enforceable against any public agency by complaints for relief 10by mandamus filed in any proceedings brought under this Act. 11 (2.5) If, after reviewing the evidence, including evidence 12from the Department, the court determines that the minor's 13current or planned placement is not necessary or appropriate 14to facilitate achievement of the permanency goal, the court 15shall put in writing the factual basis supporting its 16determination and enter specific findings based on the 17evidence. If the court finds that the minor's current or 18planned placement is not necessary or appropriate, the court 19may enter an order directing the Department to implement a 20recommendation by the minor's treating clinician or a 21clinician contracted by the Department to evaluate the minor 22or a recommendation made by the Department. If the Department 23places a minor in a placement under an order entered under this 24subsection (2.5), the Department has the authority to remove 25the minor from that placement when a change in circumstances 26necessitates the removal to protect the minor's health, HB4966- 93 -LRB104 20048 KTG 33499 b 1safety, and best interest. If the Department determines 2removal is necessary, the Department shall notify the parties 3of the planned placement change in writing no later than 10 4days prior to the implementation of its determination unless 5remaining in the placement poses an imminent risk of harm to 6the minor, in which case the Department shall notify the 7parties of the placement change in writing immediately 8following the implementation of its decision. The Department 9shall notify others of the decision to change the minor's 10placement as required by Department rule. 11 (3) Following the permanency hearing, the court shall 12enter a written order that includes the determinations 13required under subsections (2) and (2.3) of this Section and 14sets forth the following: 15 (a) The future status of the minor, including the 16 permanency goal, and any order necessary to conform the 17 minor's legal custody and status to such determination; or 18 (b) If the permanency goal of the minor cannot be 19 achieved immediately, the specific reasons for continuing 20 the minor in the care of the Department of Children and 21 Family Services or other agency for short-term placement, 22 and the following determinations: 23 (i) (Blank). 24 (ii) Whether the services required by the court 25 and by any service plan prepared within the prior 6 26 months have been provided and (A) if so, whether the HB4966- 94 -LRB104 20048 KTG 33499 b 1 services were reasonably calculated to facilitate the 2 achievement of the permanency goal or (B) if not 3 provided, why the services were not provided. 4 (iii) Whether the minor's current or planned 5 placement is necessary, and appropriate to the plan 6 and goal, recognizing the right of minors to the least 7 restrictive (most family-like) setting available and 8 in close proximity to the parents' home consistent 9 with the health, safety, best interest, and special 10 needs of the minor and, if the minor is placed 11 out-of-state, whether the out-of-state placement 12 continues to be appropriate and consistent with the 13 health, safety, and best interest of the minor, and if 14 the minor is placed out-of-state, whether the 15 out-of-state placement continues to be appropriate and 16 consistent with the health, safety, well-being, and 17 best interest of the minor with sufficient protective 18 measures or efforts taken by the public agency that is 19 the custodian or guardian of the minor as required 20 under Section 7.30 of the Children and Family Services 21 Act. 22 (iv) (Blank). 23 (v) (Blank). 24 If the court sets a permanency goal of independence or if 25the minor is 17 years of age or older, the court shall schedule 26a Successful Transition to Adulthood Review hearing in HB4966- 95 -LRB104 20048 KTG 33499 b 1accordance with Section 2-28.2. 2 (4) The minor or any person interested in the minor may 3apply to the court for a change in custody of the minor and the 4appointment of a new custodian or guardian of the person or for 5the restoration of the minor to the custody of the minor's 6parents or former guardian or custodian. 7 When return home is not selected as the permanency goal: 8 (a) The Department, the minor, or the current foster 9 parent or relative caregiver seeking private guardianship 10 may file a motion for private guardianship of the minor. 11 Appointment of a guardian under this Section requires 12 approval of the court. 13 (b) The State's Attorney may file a motion to 14 terminate parental rights of any parent who has failed to 15 make reasonable efforts to correct the conditions which 16 led to the removal of the child or reasonable progress 17 toward the return of the child, as defined in subdivision 18 (D)(m) of Section 1 of the Adoption Act or for whom any 19 other unfitness ground for terminating parental rights as 20 defined in subdivision (D) of Section 1 of the Adoption 21 Act exists. 22 When parental rights have been terminated for a 23 minimum of 3 years and the child who is the subject of the 24 permanency hearing is 13 years old or older and is not 25 currently placed in a placement likely to achieve 26 permanency, the Department of Children and Family Services HB4966- 96 -LRB104 20048 KTG 33499 b 1 shall make reasonable efforts to locate parents whose 2 rights have been terminated, except when the Court 3 determines that those efforts would be futile or 4 inconsistent with the subject child's best interests. The 5 Department of Children and Family Services shall assess 6 the appropriateness of the parent whose rights have been 7 terminated, and shall, as appropriate, foster and support 8 connections between the parent whose rights have been 9 terminated and the youth. The Department of Children and 10 Family Services shall document its determinations and 11 efforts to foster connections in the child's case plan. 12 Custody of the minor shall not be restored to any parent, 13guardian, or legal custodian in any case in which the minor is 14found to be neglected or abused under Section 2-3 or dependent 15under Section 2-4 of this Act, unless the minor can be cared 16for at home without endangering the minor's health or safety 17and it is in the best interest of the minor, and if such 18neglect, abuse, or dependency is found by the court under 19paragraph (1) of Section 2-21 of this Act to have come about 20due to the acts or omissions or both of such parent, guardian, 21or legal custodian, until such time as an investigation is 22made as provided in paragraph (5) and a hearing is held on the 23issue of the health, safety, and best interest of the minor and 24the fitness of such parent, guardian, or legal custodian to 25care for the minor and the court enters an order that such 26parent, guardian, or legal custodian is fit to care for the HB4966- 97 -LRB104 20048 KTG 33499 b 1minor. If a motion is filed to modify or vacate a private 2guardianship order and return the child to a parent, guardian, 3or legal custodian, the court may order the Department of 4Children and Family Services to assess the minor's current and 5proposed living arrangements and to provide ongoing monitoring 6of the health, safety, and best interest of the minor during 7the pendency of the motion to assist the court in making that 8determination. In the event that the minor has attained 18 9years of age and the guardian or custodian petitions the court 10for an order terminating the minor's guardianship or custody, 11guardianship or custody shall terminate automatically 30 days 12after the receipt of the petition unless the court orders 13otherwise. No legal custodian or guardian of the person may be 14removed without the legal custodian's or guardian's consent 15until given notice and an opportunity to be heard by the court. 16 When the court orders a child restored to the custody of 17the parent or parents, the court shall order the parent or 18parents to cooperate with the Department of Children and 19Family Services and comply with the terms of an aftercare 20after-care plan, or risk the loss of custody of the child and 21possible termination of their parental rights. The court may 22also enter an order of protective supervision in accordance 23with Section 2-24. 24 If the minor is being restored to the custody of a parent, 25legal custodian, or guardian who lives outside of Illinois, 26and an Interstate Compact has been requested and refused, the HB4966- 98 -LRB104 20048 KTG 33499 b 1court may order the Department of Children and Family Services 2to arrange for an assessment of the minor's proposed living 3arrangement and for ongoing monitoring of the health, safety, 4and best interest of the minor and compliance with any order of 5protective supervision entered in accordance with Section 62-24. 7 (5) Whenever a parent, guardian, or legal custodian files 8a motion for restoration of custody of the minor, and the minor 9was adjudicated neglected, abused, or dependent as a result of 10physical abuse, the court shall cause to be made an 11investigation as to whether the movant has ever been charged 12with or convicted of any criminal offense which would indicate 13the likelihood of any further physical abuse to the minor. 14Evidence of such criminal convictions shall be taken into 15account in determining whether the minor can be cared for at 16home without endangering the minor's health or safety and 17fitness of the parent, guardian, or legal custodian. 18 (a) Any agency of this State or any subdivision 19 thereof shall cooperate with the agent of the court in 20 providing any information sought in the investigation. 21 (b) The information derived from the investigation and 22 any conclusions or recommendations derived from the 23 information shall be provided to the parent, guardian, or 24 legal custodian seeking restoration of custody prior to 25 the hearing on fitness and the movant shall have an 26 opportunity at the hearing to refute the information or HB4966- 99 -LRB104 20048 KTG 33499 b 1 contest its significance. 2 (c) All information obtained from any investigation 3 shall be confidential as provided in Section 5-150 of this 4 Act. 5(Source: P.A. 103-22, eff. 8-8-23; 103-154, eff. 6-30-23; 6103-171, eff. 1-1-24; 103-605, eff. 7-1-24; 103-1061, eff. 72-5-25; 104-2, eff. 6-16-25; 104-107, eff. 7-1-26; revised 88-20-25.) 9 Section 95. No acceleration or delay. Where this Act makes 10changes in a statute that is represented in this Act by text 11that is not yet or no longer in effect (for example, a Section 12represented by multiple versions), the use of that text does 13not accelerate or delay the taking effect of (i) the changes 14made by this Act or (ii) provisions derived from any other 15Public Act. 16 Section 97. Severability. The provisions of this Act are 17severable under Section 1.31 of the Statute on Statutes. 18 Section 99. Effective date. This Act takes effect July 1, 192027. HB4966- 100 -LRB104 20048 KTG 33499 b 1 INDEX 2 Statutes amended in order of appearance 3 20 ILCS 505/6afrom Ch. 23, par. 5006a 4 20 ILCS 505/7from Ch. 23, par. 5007 5 20 ILCS 505/7.29 new 6 20 ILCS 505/7.30 new 7 20 ILCS 505/7.31 new 8 20 ILCS 505/7.32 new 9 20 ILCS 505/7.33 new 10 225 ILCS 10/8.1b new 11 705 ILCS 405/2-17.5 new 12 705 ILCS 405/2-27.2 13 705 ILCS 405/2-27.4 new 14 705 ILCS 405/2-28

HB4966 EnrolledLRB104 20048 KTG 33499 b 1 AN ACT concerning children. 2 Be it enacted by the People of the State of Illinois, 3represented in the General Assembly: 4 Section 1. Reference to Act. This Act may be referred to as 5the Safeguards to Ensure Continuity and Uphold Rights and 6Equity (SECURE) Act. 7 Section 3. Legislative findings and intent. The General 8Assembly finds and declares: 9 (1) Youth in the care of the Department of Children and 10Family Services deserve all the legal protections available 11under the law, but the current legal protections available to 12these youth require a suite of statutory enhancements. 13 (2) Illinois has a duty to safeguard the safety, health, 14dignity, well-being, and best interests of youth in the care 15of the Department of Children and Family Services, regardless 16of where such youth is placed, and that ultimate 17responsibility cannot be delegated to other states. 18 (3) Out-of-state placements of youth do not diminish 19Illinois' responsibility to ensure youth are protected from 20foreseeable harm, discrimination, or denial of care that would 21be lawful and clinically appropriate under Illinois law. 22 (4) Youth in foster care may present with higher rates, 23when compared to youth not in care, of trauma and a range of HB4966 Enrolled- 2 -LRB104 20048 KTG 33499 b 1unmet medical, reproductive, sexual, and gender-related health 2needs that may evolve over time and require ongoing monitoring 3and appropriate treatment care. 4 (5) Youth voice is essential to sound child welfare 5decision-making. 6 (6) When making placement decisions, the State of 7Illinois, including the Department of Children and Family 8Services, must solicit and meaningfully consider a youth's 9expressed preferences in its evaluation of placement options 10while conducting transparent, individualized risk assessments 11of potential harms to the youth based on the youth's specific 12circumstances. 13 (7) Regular Illinois-based caseworker contact is 14necessary, among other important reasons, to identify the 15emerging needs of youth, including pregnancy-related care, 16contraception, and treatment for sexually transmitted 17infections. 18 (8) Caseworkers coordinating and delivering services on 19behalf of youth in the Department's care who are placed 20out-of-state are obligated to provide lawful health care 21coordination. 22 (9) Service providers and caregivers receiving State funds 23from the Department of Children and Family Services must 24comply with Illinois standards for care including, but not 25limited to, laws, rules, and policies, as a condition of 26licensure and contracting. HB4966 Enrolled- 3 -LRB104 20048 KTG 33499 b 1 (10) To protect youth in the Department's care from harm 2resulting from violations of specified provisions of this Act 3and to ensure effective enforcement of this Act, the General 4Assembly intends to provide courts hearing cases in accordance 5with the Juvenile Court Act of 1987 with review authority and 6the Department's Inspector General with investigative 7authority to address alleged statutory violations as tools for 8enforcement. 9 (11) The changes made by this Act shall be liberally 10construed to protect the safety, dignity, well-being, and 11rights of youth. 12 Section 5. The Children and Family Services Act is amended 13by changing Sections 4d, 6a, 7, and 35.5 and by adding Sections 145g, 7.29, 7.30, and 7.31 as follows: 15 (20 ILCS 505/4d) 16 Sec. 4d. Definitions. 17 (a) As used in this Act: 18 "Caregiver" means a certified relative caregiver, relative 19caregiver, or foster parent with whom a youth in care is 20placed. 21 "Certified relative caregiver" has the meaning ascribed to 22that term in Section 2.36 of the Child Care Act of 1969. 23 "Certified relative caregiver home" has the meaning 24ascribed to that term in Section 2.37 of the Child Care Act of HB4966 Enrolled- 4 -LRB104 20048 KTG 33499 b 11969. 2 "Child-specific record" or "youth-specific record" means 3documentation maintained separately for an individual child or 4youth within a family's case file. 5 "Fictive kin" means a person who is unrelated to a child by 6birth, marriage, tribal custom, or adoption who is shown to 7have significant and close personal or emotional ties with the 8child or the child's family. 9 "Relative" means a person who is: (i) related to a child by 10blood, marriage, tribal custom, adoption, or to a child's 11sibling in any of the foregoing ways, even though the person is 12not related to the child, when the child and the child's 13sibling are placed together with that person or (ii) fictive 14kin. For children who have been in the guardianship of the 15Department following the termination of their parents' 16parental rights, been adopted or placed in subsidized or 17unsubsidized guardianship, and are subsequently returned to 18the temporary custody or guardianship of the Department, 19"relative" includes any person who would have qualified as a 20relative under this Section prior to the termination of the 21parents' parental rights if the Department determines, and 22documents, or the court finds that it would be in the child's 23best interests to consider this person a relative, based upon 24the factors for determining best interests set forth in 25subsection (4.05) of Section 1-3 of the Juvenile Court Act of 261987. HB4966 Enrolled- 5 -LRB104 20048 KTG 33499 b 1 "Relative caregiver" means a person responsible for the 2care and supervision of a child placed by the Department, 3other than the parent, who is a relative. 4 "Relative home" means a home of a relative that is not a 5foster family home or a certified relative caregiver home but 6provides care to a child placed by the Department who is a 7relative of a household member of the relative's home. 8 "Sensitive identity information" means personal data that 9is linked or reasonably linkable to a child or youth and 10identifies the child's or youth's sexual orientation, as the 11term is defined in subsection (O-1) of Section 1-103 of the 12Illinois Human Rights Act. 13 "Subsidized guardian" means a person who signs a 14subsidized guardianship agreement prior to being appointed as 15plenary guardian of the person of a minor. 16 "Subsidized guardianship" means a permanency outcome when 17a caregiver is appointed as a plenary guardian of the person of 18a minor exiting the foster care system, who receives 19guardianship assistance program payments. Payments may be 20funded through State funds, federal funds, or both State and 21federal funds. 22 "Third party" means any person, government unit, agency, 23organization, or body other than the Department of Children 24and Family Services. "Third party" does not include a 25recipient of Department records who is an attorney 26representing a child. HB4966 Enrolled- 6 -LRB104 20048 KTG 33499 b 1 "Youth in care" means persons placed in the temporary 2custody or guardianship of the Department pursuant to the 3Juvenile Court Act of 1987. 4 (b) The changes made to this Section by this amendatory 5Act of the 104th General Assembly apply on and after September 61, 2026 if the effective date of this amendatory Act of the 7104th General Assembly is on or before September 1, 2026; 8otherwise, the changes made to this Section by this amendatory 9Act of the 104th General Assembly apply on and after December 101, 2026. 11(Source: P.A. 103-1061, eff. 7-1-25.) 12 (20 ILCS 505/5g new) 13 Sec. 5g. Administrative safeguards for sensitive identity 14information. 15 (a) The Department shall protect a child from unnecessary 16and unapproved disclosure of the child's sensitive identity 17information. Before or at the time the Department requests, 18initiates, or engages in a conversation, assessment, or 19service interaction in which a child may disclose the child's 20sensitive identity information to the Department or its 21service providing entities, the Department shall inform the 22child of the circumstances under which the Department or its 23service providing entities are permitted or required to share 24the child's sensitive identity information without the child's 25knowledge and agreement. If a child discloses the child's HB4966 Enrolled- 7 -LRB104 20048 KTG 33499 b 1sensitive identity information before the Department provides 2this notice, the Department shall inform the child of these 3disclosure circumstances at the earliest possible opportunity, 4but no later than 14 days after the disclosure occurs. The 5Department shall document this discussion with the child in 6the Department's records, in a manner consistent with 7Department policy regarding documentation of sensitive 8identity information. 9 As used in this Section, "service providing entity" means 10a person, governmental unit, agency, organization, or body 11providing services or care for a child on behalf of the 12Department in accordance with a contract, grant agreement, or 13purchase-of-service agreement or any other person, 14governmental unit, agency, organization, or body subcontracted 15or otherwise engaged in the furtherance of those services, 16including, but not limited to, academic and research 17institutions and any person, governmental unit, agency, 18organization, or body that collects, processes, analyzes, 19stores, shares, or otherwise uses Department data that 20includes personal data that is or can be reasonably linked to 21an identified or identifiable individual served by the 22Department. A service providing entity does not include a 23recipient of Department records who is an attorney 24representing a child. 25 (b) If the Department discloses a child's sensitive 26identity information to the federal government, as required HB4966 Enrolled- 8 -LRB104 20048 KTG 33499 b 1under federal law or pursuant to an order of a court of 2competent jurisdiction, the Department shall: 3 (1) limit such disclosure to the scope, purpose, and 4 receiving party, and information necessary to comply with 5 the specific legal necessity of that disclosure; 6 (2) narrow, limit, or de-identify that information to 7 the fullest extent legally permitted before such 8 disclosure; 9 (3) notify the child of the scope of the disclosure 10 and receiving party as soon as the Department is legally 11 permitted to inform the child; and 12 (4) document the date the Department made the 13 disclosure, the scope of disclosure, the recipient party 14 of the disclosure, and the activities completed by the 15 Department to fulfill the obligations of paragraphs (1), 16 (2), and (3). 17 The Department shall ensure that its service providing 18entities are also contractually obligated to limit disclosure 19of a child's sensitive identity information to a manner 20consistent with the restrictions described under this 21subsection. 22 (c) De-identified sensitive information. 23 (1) Datasets and aggregated data, including data 24 related to a child's sensitive identity information that 25 cannot reasonably be used to infer information about, 26 re-identify, or otherwise be linked to an identified or HB4966 Enrolled- 9 -LRB104 20048 KTG 33499 b 1 identifiable child, are not considered a child's sensitive 2 identity information for the purposes of this Section if 3 the Department: 4 (A) takes reasonable measures to ensure the data 5 cannot be linked to a child even if combined with other 6 datasets or sources; and 7 (B) contractually obligates any third party 8 recipient to process such data only in a de-identified 9 manner; and 10 (C) prohibits any attempts to re-identify 11 de-identified data. 12 (2) The Department shall not aggregate children's 13 sensitive identity information unless: 14 (A) the information is gathered and maintained as 15 de-identified sensitive information, as provided under 16 paragraph (1); or 17 (B) the Department has a legitimate service 18 delivery need that cannot be accomplished without the 19 specific children's sensitive identity information. 20 (3) The Department may grant a third party access to 21 Department data systems subject to the terms of Section 22 5g. Any third party granted access to Department data 23 systems or records that include a child's sensitive 24 identity information shall be prohibited from aggregating 25 children's sensitive identity information in any manner 26 that is not de-identified as prescribed under paragraph HB4966 Enrolled- 10 -LRB104 20048 KTG 33499 b 1 (1). 2 (d) Child-specific documentation requirement. The 3Department shall: 4 (1) maintain child-specific narrative sections within 5 service plans, integrated assessments, and court reports; 6 (2) ensure that sensitive identity information 7 concerning one child is not included in generalized family 8 summaries or a sibling's child-specific record unless 9 materially relevant to the safety or placement of that 10 child's sibling or siblings or the permanency goal; and 11 (3) ensure a child is aware that the child's sensitive 12 identity information is necessary for court reporting if 13 the sensitive identity information is materially relevant 14 to advance the child's permanency goal or ensure the 15 child's safety or appropriate service provision. 16 (e) Internal electronic access controls. No later than 17January 1, 2028, the Department shall implement internal 18safeguards within its electronic case management systems to: 19 (1) limit access to a child's sensitive identity 20 information to personnel with a documented case-related 21 need; and 22 (2) segregate sensitive identity information fields 23 from general case summaries where technologically 24 feasible. 25 (f) The provisions of this Section apply on and after 26January 1, 2028, except that the provisions of subsection (b) HB4966 Enrolled- 11 -LRB104 20048 KTG 33499 b 1apply on and after September 1, 2026 if the effective date of 2this amendatory Act of the 104th General Assembly is on or 3before September 1, 2026; otherwise, the provisions of this 4Section apply on and after January 1, 2028, except that the 5provisions of subsection (b) apply on and after December 1, 62026. 7 (20 ILCS 505/6a) (from Ch. 23, par. 5006a) 8 Sec. 6a. Case plan. 9 (a) With respect to each Department client for whom the 10Department is providing placement service, the Department 11shall develop a case plan designed to stabilize the family 12situation and prevent placement of a child outside the home of 13the family when the child can be cared for at home without 14endangering the child's health or safety, reunify the family 15if temporary placement is necessary when safe and appropriate, 16or move the child toward an appropriate permanent living 17arrangement and permanent legal status, consistent with the 18child's best interest, using the factors set forth in 19subsection (4.05) of Section 1-3 of the Juvenile Court Act of 201987. Such case plan shall provide for the utilization of 21family preservation services as defined in Section 8.2 of the 22Abused and Neglected Child Reporting Act. Such case plan shall 23be reviewed and updated every 6 months. The Department shall 24ensure that incarcerated parents are able to participate in 25case plan reviews via teleconference or videoconference. Where HB4966 Enrolled- 12 -LRB104 20048 KTG 33499 b 1appropriate, the case plan shall include recommendations 2concerning alcohol or drug abuse evaluation. 3 If the parent is incarcerated, the case plan must address 4the tasks that must be completed by the parent and how the 5parent will participate in the administrative case review and 6permanency planning hearings and, wherever possible, must 7include treatment that reflects the resources available at the 8facility where the parent is confined. The case plan must 9provide for visitation opportunities, unless visitation is not 10in the best interests of the child. 11 (a-5)(1) As used in this subsection: 12 "Protected characteristic" has the meaning ascribed to 13that term in subsection (b) of Section 7.29. 14 "Supportive care" has the meaning ascribed to that term in 15subsection (b) of Section 7.29. 16 (2) The case plan shall include tasks addressing the 17responsibilities of a youth in care's caregiver and service 18providers, as defined in Section 7.29, regarding safe, proper, 19and supportive care based on the youth in care's needs and 20consistent with the youth in care's best interests, including, 21but not limited to, the youth in care's protected 22characteristics, and in alignment with the requirements of 23Sections 7, 7.29, and 7.30. 24 (3) These caregiver and service provider responsibilities 25shall include, at a minimum, the duty to: 26 (A) ensure that the youth in care's daily physical, HB4966 Enrolled- 13 -LRB104 20048 KTG 33499 b 1 emotional, developmental, educational, cultural, and 2 social needs are met; 3 (B) maintain an environment providing supportive care 4 to treat the youth in care in a manner that meets the youth 5 in care's need for safety and security and is free from 6 harassment and abuse; 7 (C) collaborate with the youth in care's parents, the 8 Department, and relevant service providers, when 9 appropriate and consistent with the youth in care's 10 safety, best interests, as determined by the Department, 11 court, and permanency plan, to promote the youth in care's 12 well-being and connection to family and community; and 13 (D) maintain the youth in care's privacy. 14 As needed, the youth in care's case plan shall identify 15specific actions the caregiver and service providers must take 16to fulfill these responsibilities. 17 (4) Case plans shall address each youth in care's health 18care needs and specify steps the Department, service 19providers, and caregivers shall take to ensure timely 20provision of health care, including, but not limited to, 21arranging transportation and ensuring the youth in care can 22attend appointments. If the Department is placing or has 23placed a youth in care in a jurisdiction outside the State of 24Illinois, and that jurisdiction exposes a youth in care to 25risk of adverse action as defined in subsection (b) of Section 267.30 and as determined by the Department, the case plan shall, HB4966 Enrolled- 14 -LRB104 20048 KTG 33499 b 1consistent with Department policy regarding documentation of 2sensitive identity information, include steps the Department 3is taking to mitigate any identified risk of adverse action 4and ensure that the youth in care continues to receive the full 5protections and benefits guaranteed by the laws of this State, 6as required under Sections 7, 7.29, and 7.30. This includes, 7but is not limited to, coordination with out-of-state 8providers or Illinois-based providers to ensure that a youth 9in care can access and receive health care, including mental 10health care, lawful in the State of Illinois and with the 11privacy and confidentiality protections that Illinois law 12affords. The Department shall document in the case plan the 13steps the Department has taken to fulfill the obligations 14under this subsection and Sections 7, 7.29, and 7.30 and 15report this information to the court as part of the 16Department's required efforts under Section 2-28 of the 17Juvenile Court Act of 1987, in a manner consistent with 18Department policy regarding documentation of sensitive 19identity information. 20 (5) The Department shall provide guidance and support to 21caregivers to ensure they have the resources necessary to meet 22the responsibilities described in this subsection, including 23culturally responsive and trauma-informed care practices. The 24Department shall monitor the caregiver's and service 25providers' fulfillment of the responsibilities under this 26subsection, document this information as part of the youth in HB4966 Enrolled- 15 -LRB104 20048 KTG 33499 b 1care's case review and permanency hearing process required 2under this Act and report this information to the court as part 3of the Department's required efforts under Sections 2-27.2, 42-27.4, and 2-28 of the Juvenile Court Act of 1987, in a manner 5consistent with the Department's policy regarding 6documentation of a youth's sensitive identity information. 7 (6) Nothing in this subsection shall be construed to limit 8or diminish: 9 (A) the rights of a youth in care to be free from 10 discrimination or to receive care consistent with the 11 protections guaranteed under State and federal law; 12 (B) the Department's obligation to act in the best 13 interest of a youth in care; or 14 (C) the Department's obligation to pursue 15 reunification with a parent when the permanency goal is 16 return home. 17 (b) The Department may enter into written agreements with 18child welfare agencies to establish and implement case plan 19demonstration projects. The demonstration projects shall 20require that service providers develop, implement, review and 21update client case plans. The Department shall examine the 22effectiveness of the demonstration projects in promoting the 23family reunification or the permanent placement of each client 24and shall report its findings to the General Assembly no later 25than 90 days after the end of the fiscal year in which any such 26demonstration project is implemented. HB4966 Enrolled- 16 -LRB104 20048 KTG 33499 b 1 (c) The changes made to this Section by this amendatory 2Act of the 104th General Assembly apply on and after January 1, 32028. 4(Source: P.A. 103-1061, eff. 7-1-25.) 5 (20 ILCS 505/7) (from Ch. 23, par. 5007) 6 Sec. 7. Placement of children; considerations. 7 (a) In placing any child under this Act, the Department 8shall place the child, as far as possible, in the care and 9custody of some individual holding the same religious belief 10as the parents of the child, or with some child care facility 11which is operated by persons of like religious faith as the 12parents of such child. 13 (a-5) In placing a child under this Act, the Department 14shall place the child with the child's sibling or siblings 15under Section 7.4 of this Act unless the placement is not in 16each child's best interest, or is otherwise not possible under 17the Department's rules. If the child is not placed with a 18sibling under the Department's rules, the Department shall 19consider placements that are likely to develop, preserve, 20nurture, and support sibling relationships, where doing so is 21in each child's best interest. 22 (b) In placing a child under this Act, the Department 23shall place a child with a relative if the Department 24determines that the relative will be able to adequately 25provide for the child's safety and welfare based on the HB4966 Enrolled- 17 -LRB104 20048 KTG 33499 b 1factors set forth in the Department's rules governing such 2placements, and that the placement is consistent with the 3child's best interests, taking into consideration the factors 4set out in subsection (4.05) of Section 1-3 of the Juvenile 5Court Act of 1987. 6 When the Department first assumes custody of a child, in 7placing that child under this Act, the Department shall make 8reasonable efforts to identify, locate, and provide notice to 9all adult grandparents and other adult relatives of the child 10who are ready, willing, and able to care for the child. At a 11minimum, these diligent efforts shall be renewed each time the 12child requires a placement change and it is appropriate for 13the child to be cared for in a home environment. The Department 14must document its efforts to identify, locate, and provide 15notice to such potential relative placements and maintain the 16documentation in the child's case file. The Department shall 17complete the following initial family finding and relative 18engagement efforts: 19 (1) The Department shall conduct an investigation in 20 order to identify and locate all grandparents, parents of 21 a sibling of the child, if the parent has legal custody of 22 the sibling, adult siblings, other adult relatives of the 23 child minor including any other adult relatives suggested 24 by the parents, and, if it is known or there is reason to 25 know the child is an Indian child, any extended family 26 members, as defined in Section 4 of the Indian Child HB4966 Enrolled- 18 -LRB104 20048 KTG 33499 b 1 Welfare Act of 1978 (25 U.S.C. 1903). The Department shall 2 make diligent efforts to investigate the names and 3 locations of the relatives, including, but not limited to, 4 asking the child in an age-appropriate manner and 5 consistent with the child's best interest about any 6 parent, alleged parent, and relatives important to the 7 child, and obtaining information regarding the location of 8 the child's parents, alleged parents, and adult relatives. 9 As used in this subsection (b), "family finding and 10 relative engagement" means conducting an investigation, 11 including, but not limited to, through a computer-based 12 search engine, to identify any person who would be 13 eligible to be a relative caregiver as defined in Section 14 4d of this Act and to connect a child, consistent with the 15 child's best interest, who may be disconnected from the 16 child's parents, with those relatives and kin in an effort 17 to provide family support or possible placement. If it is 18 known or there is reason to know that the child is an 19 Indian child, as defined in Section 4 of the Indian Child 20 Welfare Act of 1978 (25 U.S.C. 1903), "family finding and 21 relative engagement" also includes contacting the Indian 22 child's tribe to identify relatives and kin. The No later 23 than July 1, 2025, the Department shall adopt rules 24 setting forth specific criteria as to family finding and 25 relative engagement efforts under this subsection (b) and 26 under Section 2-27.3 of the Juvenile Court Act of 1987, HB4966 Enrolled- 19 -LRB104 20048 KTG 33499 b 1 including determining the manner in which efforts may or 2 may not be appropriate, consistent with the best interests 3 of the child. 4 (2) In accordance with Section 471(a)(29) of the 5 Social Security Act, the Department shall make diligent 6 efforts to provide all adult relatives who are located 7 with written notification and oral notification, in person 8 or by telephone, of all the following information: 9 (i) the child minor has been removed from the 10 custody of the child's minor's parent or guardian; and 11 (ii) an explanation of the various options to 12 participate in the care and placement of the child 13 minor and support for the child's minor's family, 14 including any options that may expire by failing to 15 respond. The notice shall provide information about 16 providing care for the child minor while the family 17 receives reunification services with the goal of 18 returning the child to the parent or guardian, how to 19 become a certified relative caregiver home, and 20 additional services and support that are available in 21 substitute care. The notice shall also include 22 information regarding, adoption and subsidized 23 guardianship assistance options, health care coverage 24 for a child youth in care under the medical assistance 25 program established under Article V of the Illinois 26 Public Aid Code, and other options for contact with HB4966 Enrolled- 20 -LRB104 20048 KTG 33499 b 1 the child minor, including, but not limited to, 2 visitation. Upon establishing the Department's kinship 3 navigator program, the notice shall also include 4 information regarding that benefit. 5 The No later than July 1, 2025, the Department shall adopt 6or amend existing rules to implement the requirements of this 7subsection, including what constitutes "diligent efforts" and 8when exceptions, consistent with federal law, are appropriate. 9 (b-5)(1) If the Department determines that a placement 10with any identified relative is not in the child's best 11interests or that the relative does not meet the requirements 12to be a relative caregiver, as set forth in Department rules or 13by statute, the Department must document the basis for that 14decision, maintain the documentation in the child's case file, 15inform the identified relative of the relative's right to 16reconsideration of the decision to deny placement with the 17identified relative, provide the identified relative with a 18description of the reconsideration process established in 19accordance with subsection (o) of Section 5 of this Act, and 20report this information to the court in accordance with the 21requirements of Section 2-27.3 of the Juvenile Court Act of 221987. 23 If, pursuant to the Department's rules, any person files 24an administrative appeal of the Department's decision not to 25place a child with a relative, it is the Department's burden to 26prove that the decision is consistent with the child's best HB4966 Enrolled- 21 -LRB104 20048 KTG 33499 b 1interests. The Department shall report information related to 2these appeals pursuant to Section 46 of this Act. 3 When the Department determines that the child requires 4placement in an environment, other than a home environment, 5the Department shall continue to make reasonable efforts to 6identify and locate relatives to serve as visitation resources 7for the child and potential future placement resources, unless 8excused by the court, as outlined in Section 2-27.3 of the 9Juvenile Court Act of 1987. 10 If the Department determines that efforts to identify and 11locate relatives would be futile or inconsistent with the 12child's best interests, the Department shall document the 13basis of its determination and maintain the documentation in 14the child's case file. 15 If the Department determines that an individual or a group 16of relatives are inappropriate to serve as visitation 17resources or possible placement resources, the Department 18shall document the basis of its determination, maintain the 19documentation in the child's case file, inform the identified 20relative of the relative's right to a reconsideration of the 21decision to deny visitation with the identified relative, 22provide the identified relative with a description of the 23reconsideration process established in accordance with 24subsection (o) of Section 5 of this Act, and report this 25information to the court in accordance with the requirements 26of Section 2-27.3 of the Juvenile Court Act of 1987. HB4966 Enrolled- 22 -LRB104 20048 KTG 33499 b 1 When the Department determines that an individual or a 2group of relatives are appropriate to serve as visitation 3resources or possible future placement resources, the 4Department shall document the basis of its determination, 5maintain the documentation in the child's case file, create a 6visitation or transition plan, or both, and incorporate the 7visitation or transition plan, or both, into the child's case 8plan. The Department shall report this information to the 9court as part of the Department's family finding and relative 10engagement efforts required under Section 2-27.3 of the 11Juvenile Court Act of 1987. For the purpose of this 12subsection, any determination as to the child's best interests 13shall include consideration of the factors set out in 14subsection (4.05) of Section 1-3 of the Juvenile Court Act of 151987. 16 (2) The Department may initially place a child in a foster 17family home as defined under Section 2.17 of the Child Care Act 18of 1969 or a certified relative caregiver home as defined 19under Section 4d of this Act. Initial placement may also be 20made with a relative who is not yet a certified relative 21caregiver if all of the following conditions are met: 22 (A) The prospective relative caregiver and all other 23 adults in the home must authorize and submit to a 24 background screening that includes the components set 25 forth in subsection (c) of Section 3.4 of the Child Care 26 Act of 1969. If the results of a check of the Law HB4966 Enrolled- 23 -LRB104 20048 KTG 33499 b 1 Enforcement Agencies Data System (LEADS) identifies a 2 prior criminal conviction of (i) the prospective relative 3 caregiver for an offense not prohibited under subsection 4 (c) of Section 3.4 of the Child Care Act of 1969 or (ii) 5 any other adult in the home for a felony offense, the 6 Department shall thoroughly investigate and evaluate the 7 criminal history, including an assessment of the person's 8 character and the impact that the criminal history has on 9 the prospective relative caregiver's ability to parent the 10 child. The investigation must consider the type of crime, 11 the number of crimes, the nature of the offense, the age of 12 the person at the time of the crime, the length of time 13 that has elapsed since the last conviction, the 14 relationship of the crime to the ability to care for 15 children, the role that the person will have with the 16 child, and any evidence of rehabilitation. Initial 17 placement may not be made if the results of a check of the 18 Law Enforcement Agencies Data System (LEADS) identifies a 19 prior criminal conviction of the prospective relative 20 caregiver for an offense prohibited under subsection (c) 21 of Section 3.4 of the Child Care Act of 1969; however, a 22 waiver may be granted for placement of the child in 23 accordance with subsection (v-4) of Section 5. 24 (B) The home safety and needs assessment requirements 25 set forth in paragraph (1) of subsection (b) of Section 26 3.4 of the Child Care Act of 1969 are satisfied. HB4966 Enrolled- 24 -LRB104 20048 KTG 33499 b 1 (C) The prospective relative caregiver is able to meet 2 the physical, emotional, medical, and educational needs of 3 the specific child or children being placed by the 4 Department. 5 The No later than July 1, 2025, the Department shall adopt 6rules or amend existing rules to implement the provisions of 7this subsection (b-5). The rules shall outline the essential 8elements of each form used in the implementation and 9enforcement of the provisions of this amendatory Act of the 10103rd General Assembly. 11 Relative No later than July 1, 2025, relative caregiver 12payments shall be made to relative caregiver homes as provided 13under Section 5 of this Act. A relative with whom a child is 14placed pursuant to this subsection may, but is not required 15to, apply for licensure as a foster family home pursuant to the 16Child Care Act of 1969; provided, however, that as of July 1, 171995, foster care payments shall be made only to licensed 18foster family homes pursuant to the terms of Section 5 of this 19Act. 20 The provisions added to this subsection (b) by Public Act 2198-846 shall become operative on and after June 1, 2015. 22 (c) In placing a child under this Act, the Department 23shall ensure that the child's health, safety, and best 24interests are met. In rejecting placement of a child with an 25identified relative, the Department shall (i) ensure that the 26child's health, safety, and best interests are met, (ii) HB4966 Enrolled- 25 -LRB104 20048 KTG 33499 b 1inform the identified relative of the relative's right to 2reconsideration of the decision and provide the identified 3relative with a description of the reconsideration process 4established in accordance with subsection (o) of Section 5 of 5this Act, (iii) report that the Department rejected the 6relative placement to the court in accordance with the 7requirements of Section 2-27.3 of the Juvenile Court Act of 81987, and (iv) report the reason for denial in accordance with 9Section 46 of this Act. In evaluating the best interests of the 10child, the Department shall take into consideration the 11factors set forth in subsection (4.05) of Section 1-3 of the 12Juvenile Court Act of 1987. 13 The Department shall consider the individual needs of the 14child and the capacity of the prospective caregivers or 15prospective adoptive parents to meet the needs of the child. 16When a child must be placed outside the child's home and cannot 17be immediately returned to the child's parents or guardian, a 18comprehensive, individualized assessment shall be performed of 19that child at which time the needs of the child shall be 20determined. The Department shall assess the prospective 21caregivers' or prospective adoptive parents' ability to meet 22the child's specific needs for safety, well-being, and 23supportive care, as defined in subsection (b) of Section 7.29 24and the Department shall document the basis of its 25determination in the child's case file. The prospective 26caregivers or prospective adoptive parents shall expressly HB4966 Enrolled- 26 -LRB104 20048 KTG 33499 b 1commit that they will comply with Sections 6a, 7, 7.29, and 27.30 and the Department shall document this in the child's 3case file. Subject to subsection (f) of Section 7.29, the 4Department shall not place a child without determining, as 5part of the Department's placement suitability analysis, that 6the prospective caregivers or prospective adoptive parents 7have the capacity to meet the child's specific needs for 8safety, well-being, and supportive care. Only if race, color, 9gender identity, sexual orientation, or national origin is 10identified as a legitimate factor in advancing the child's 11best interests shall it be considered when placing a child. 12Race, color, or national origin shall not be routinely 13considered in making a placement decision. The Department 14shall make special efforts for the diligent recruitment of 15potential foster and adoptive families that reflect the ethnic 16and racial diversity of the children for whom foster and 17adoptive homes are needed. "Special efforts" shall include 18contacting and working with community organizations and 19religious organizations and may include contracting with those 20organizations, utilizing local media and other local 21resources, and conducting outreach activities. 22 Nothing in this subsection shall be construed to limit or 23diminish: (i) the rights of a child to be free from 24discrimination or to receive care consistent with the 25protections guaranteed under State and federal law, (ii) the 26Department's obligation to act in the best interests of a HB4966 Enrolled- 27 -LRB104 20048 KTG 33499 b 1child, or (iii) the Department's obligation to pursue 2reunification with a parent when the permanency goal is return 3home. 4 (c-1) At the time of placement, the Department shall 5consider concurrent planning, as described in subsection (l-1) 6of Section 5, so that permanency may occur at the earliest 7opportunity. Consideration should be given so that if 8reunification fails or is delayed, the placement made is the 9best available placement to provide permanency for the child. 10To the extent that doing so is in the child's best interests as 11set forth in subsection (4.05) of Section 1-3 of the Juvenile 12Court Act of 1987, the Department should consider placements 13that will permit the child to maintain a meaningful 14relationship with the child's parents. 15 (d) The Department may accept gifts, grants, offers of 16services, and other contributions to use in making special 17recruitment efforts. 18 (e) The Department in placing children in relative 19caregiver, certified relative caregiver, adoptive, or foster 20care homes may not, in any policy or practice relating to the 21placement of children for adoption or foster care, 22discriminate against any child or prospective caregiver or 23adoptive parent on the basis of race. 24 (f) The changes made to this Section by this amendatory 25Act of the 104th General Assembly apply on and after January 1, 262028. HB4966 Enrolled- 28 -LRB104 20048 KTG 33499 b 1(Source: P.A. 103-22, eff. 8-8-23; 103-1061, eff. 7-1-25.) 2 (20 ILCS 505/7.29 new) 3 Sec. 7.29. Department, service provider, and caregiver 4conduct to prevent harmful treatment of youth. 5 (a) Legislative findings and intent. The General Assembly 6finds and declares: 7 (1) When the State of Illinois, through the Department 8 of Children and Family Services, removes a youth from the 9 care of a parent or guardian and assumes legal custody of 10 that youth, the State undertakes a duty and affirmative 11 obligation to safeguard the youth's safety, well-being, 12 dignity, developmental interests, and fundamental rights, 13 and that ultimate duty and obligation cannot be delegated 14 to other states. 15 (2) The State has a compelling interest in ensuring 16 the safety, well-being, and development of all youth in 17 the Department's care. The State's duty to protect youth 18 in its care is continuous and is not extinguished by 19 placement with foster parents, relative caregivers, or 20 service providers. Out-of-state placement of a youth in 21 the Department's care does not diminish the State's 22 ultimate responsibility for ensuring lawful, safe, 23 supportive care, and equitable treatment. 24 (3) Youth under the Department's care are entitled to 25 supportive care, services, and treatment free from HB4966 Enrolled- 29 -LRB104 20048 KTG 33499 b 1 discrimination, arbitrary decision-making, and unequal 2 protection. The vulnerability inherent in State custody 3 requires heightened attention to fairness, neutrality, and 4 the protection of these youth's rights. 5 (4) It is expressly recognized that Department, 6 service provider, and caregiver conduct, as well as 7 placement conditions, directly affect youth permanency, 8 well-being, and fair and equitable treatment. 9 (5) It is the purpose of this Section to clarify and 10 reinforce the obligations of the State and those acting 11 under its authority to ensure that youth receive 12 nondiscriminatory and supportive care consistent with 13 principles of safety, dignity, stability, and equal 14 treatment, and to provide clear mechanisms for 15 accountability where those obligations are violated. 16 (b) Definitions. As used in this Section: 17 "Placement provider" means a type of service provider that 18provides the youth's residence and daily care, including, but 19not limited to, a residential treatment center, group home, or 20child care institution under the Child Care Act of 1969 or a 21similar setting licensed in accordance with the laws of 22another state in which that youth is placed. "Placement 23provider" does not mean a "caregiver" as defined in this Act. 24 "Protected characteristic" means any characteristic 25included in the definition of unlawful discrimination as 26defined in Section 1-103 of the Illinois Human Rights Act, HB4966 Enrolled- 30 -LRB104 20048 KTG 33499 b 1including, but not limited to, actual or perceived race, 2color, religion, sex, sexual orientation, gender identity, 3national origin, ancestry, disability, pregnancy, reproductive 4health decisions, or marital status. 5 "Service provider" means a person, governmental unit, 6agency, organization, or body providing services or care for 7youth on behalf of the Department under a contract, grant 8agreement, or any other agreement or any other person, 9governmental unit, agency, organization, or body subcontracted 10or otherwise engaged in the furtherance of those services. A 11service provider does not include an attorney representing a 12child. 13 "Supportive care" means Department, service provider, and 14caregiver practices that are supportive of and responsive to a 15youth's lived experience, needs, and protected characteristics 16and do not subject the youth to rejection or hostility based 17on, or coercive efforts to change, a protected characteristic. 18 "Youth" has the meaning ascribed to that term in 19subsection (b) of Section 4e. 20 (c) Applicability. This Section applies to the Department, 21service providers, and caregivers for youth. 22 (d) Department, service provider, and caregiver conduct 23requirements to protect youth rights. The Department, service 24providers, and caregivers shall: 25 (1) cooperate and support services, care planning, and 26 placements that are consistent with the youth's health, HB4966 Enrolled- 31 -LRB104 20048 KTG 33499 b 1 safety, well-being, and best interests; 2 (2) adhere to privacy-protective documentation 3 practices regarding the youth, consistent with Department 4 policy regarding documentation of sensitive identity 5 information; and 6 (3) provide supportive care consistent with the 7 youth's case plan and best interests. 8 (e) Prohibited conduct. 9 (1) The Department, service providers, and caregivers 10 are prohibited from engaging in conduct that: 11 (A) demeans, harasses, rejects, intentionally 12 disregards, discriminates against, or retaliates 13 against a youth based on a youth's protected 14 characteristic or characteristics; 15 (B) intentionally interferes with services, 16 supports, or treatment identified in the youth's case 17 plan; 18 (C) discloses or compels disclosure of a youth's 19 sensitive identity information, without the youth's 20 expressed consent, consistent with Department policy 21 regarding documentation of sensitive identity 22 information, and contrary to the terms of Section 5g. 23 (2) The Department and service providers shall not: 24 (A) exclude a youth from participation in, deny a 25 youth the benefits of, or subject a youth to 26 discrimination under any program or activity based on HB4966 Enrolled- 32 -LRB104 20048 KTG 33499 b 1 that youth's protected characteristic or 2 characteristics; 3 (B) utilize criteria or methods of administration 4 that have the effect of subjecting youth to 5 discrimination because of the youth's protected 6 characteristic or characteristics; or 7 (C) discourage, interfere with, or retaliate 8 against a person who seeks to report a suspected or 9 known statutory violation of this Section to an 10 enforcement entity. 11 (f) Scope and limitations. 12 (1) Unless the youth affirmatively expresses support 13 for a placement and that placement otherwise meets the 14 placement requirements of Section 7 and the applicable 15 licensing or approval standards, the Department shall not 16 determine it is in a youth's best interest to be placed or 17 remain placed with a placement provider or caregiver that: 18 (i) will not expressly commit to comply with the conduct 19 obligations of this Section; or (ii) violates the conduct 20 requirements of subsection (d) or commits conduct that is 21 prohibited under subsection (e). The Department shall 22 provide youth in these circumstances the opportunity to 23 express or withhold their support for the placement. If 24 the youth does not affirmatively express support, as 25 required for placement under this paragraph, the 26 Department shall decline to place or maintain placement HB4966 Enrolled- 33 -LRB104 20048 KTG 33499 b 1 for the youth based on the placement provider's or 2 caregiver's inability to meet the required conduct 3 obligations under this Section. The Department shall not 4 disclose a youth's lack of affirmative expressed support 5 to the prospective or current placement provider or 6 caregiver. 7 (2) If a youth is placed or remains placed with a 8 placement provider or caregiver in such circumstances as 9 permitted under paragraph (1), the Department shall 10 document the youth's affirmative expression of support for 11 placement with this placement provider or caregiver using 12 age-appropriate and developmentally appropriate methods, 13 including, but not limited to: interviews, written 14 statements, structured surveys, clinical evaluations or 15 consultations, drawings, or guided play. After 16 affirmatively expressing such support for this placement, 17 the youth has the right to withdraw this support at any 18 time and the Department has an ongoing obligation to 19 monitor whether the youth maintains or withdraws such 20 support. The Department shall inform the youth of that 21 right and provide the youth simple options for the youth 22 to communicate withdrawal of support to the Department. 23 (g) Clinical judgment and safety exception. Actions taken 24in accordance with the good-faith exercise of clinical 25judgment by a licensed professional, or actions necessary to 26address immediate risk of serious harm to youth or others, HB4966 Enrolled- 34 -LRB104 20048 KTG 33499 b 1shall not constitute a violation of this Section, provided 2that such actions are not based on bias against a protected 3characteristic, are narrowly tailored to address the 4identified risk, and are documented in the youth-specific 5record, consistent with Department policy regarding 6documentation of sensitive identity information. 7 (h) Compliance as a requirement for caregivers and service 8providers. Compliance with this Section is a condition of 9serving as a caregiver or service provider for a particular 10youth as required by that youth's best interest. This Section 11shall not be construed to establish independent licensure 12criteria under the Child Care Act of 1969. 13 (i) Enforcement. 14 (1) When a caregiver or service provider fails to 15 comply with the requirements of this Section to care for a 16 specific youth, the Department may take appropriate action 17 authorized by law, including, but not limited to, 18 placement changes and enhanced monitoring. No enforcement 19 action under this paragraph shall be construed as a 20 decision regarding licensure under the Child Care Act of 21 1969. 22 (2) Any known, alleged, or suspected violation of a 23 statutory requirement of this Section shall immediately be 24 reported to the Department's Office of the Inspector 25 General, the court presiding over the youth's case in 26 accordance with the Juvenile Court Act of 1987, and the HB4966 Enrolled- 35 -LRB104 20048 KTG 33499 b 1 youth's attorney and guardian ad litem. A known, alleged, 2 or suspected violation of a statutory requirement of this 3 Section constitutes a significant event and requires a 4 significant event report by the Department as defined in 5 Section 35.1 of this Act and paragraph (14.2) of Section 6 1-3 of the Juvenile Court Act of 1987. 7 (3) Any youth aggrieved by conduct that violates 8 subparagraph (A) or (B) of paragraph (2) of subsection (e) 9 or paragraph (1) of subsection (f) may seek review under 10 subsection (1.3) of Section 2-28 of the Juvenile Court Act 11 of 1987. 12 (4) This subsection is in addition to and does not 13 limit any enforcement authority of the Department or 14 diminish any other remedies available to the youth under 15 the law or equity. 16 (j) Mandatory disclosure of rights and enforcement 17options. Upon a youth's entry into the Department's care, and 18every 6 months thereafter, the Department shall provide youth 19with written notice: 20 (1) in plain language in the youth's primary language; 21 (2) in an age and developmentally appropriate format; 22 (3) in a manner accessible to individuals with 23 disabilities; 24 (4) describing the youth's rights under this Section 25 and the types of violations and conduct that may be 26 reported; and HB4966 Enrolled- 36 -LRB104 20048 KTG 33499 b 1 (5) the contact information for and procedures by 2 which the youth can report alleged violations described in 3 accordance with paragraph (4) to the Department's 4 Inspector General, the Department's licensing division, 5 and the court presiding over the youth's case in 6 accordance with the Juvenile Court Act of 1987. The 7 caseworker shall document in the youth's case file that 8 the required disclosure of rights and enforcement options 9 was provided to the youth in a format that is age 10 appropriate, developmentally appropriate, and tailored to 11 the youth's individual needs. 12 (k)(1) This Section shall be construed broadly to promote 13the safety, well-being, best interest, and equitable treatment 14of youth, consistent with the State's compelling interest in 15protecting youth. 16 (2) Nothing in this Section shall be construed to: 17 (A) compel an individual's beliefs or religious 18 practices; 19 (B) require the Department, service providers, or 20 caregivers to provide medical treatment beyond that 21 authorized by law, court order, parental or guardian 22 consent, or Department policy; or 23 (C) prohibit reasonable and developmentally 24 appropriate limits necessary to protect the safety of the 25 youth or others. 26 (3) Nothing in this Section shall be construed to limit or HB4966 Enrolled- 37 -LRB104 20048 KTG 33499 b 1diminish: (i) the rights of a youth to be free from 2discrimination or to receive care consistent with the 3protections guaranteed under State and federal law; (ii) the 4Department's obligation to comply with subsection (o) of 5Section 5 and rules and procedures developed in accordance 6with that subsection (o); (iii) the Department's obligation to 7act in the youth's best interests; or (iv) a youth's right to 8seek any other enforcement or legal remedies for violations 9available under law or equity. 10 (l) No later than July 1, 2027, the Department shall 11propose rules for adoption to implement the statutory 12protections under this Section. Rules shall address standards 13and criteria for conduct required or prohibited under 14subsections (d) and (e), including, but not limited to, the 15application of the terms used in this Section. No later than 16January 1, 2028, the Department shall adopt such rules. 17 (m) If any provision of this Section or its application to 18any person or circumstance is held invalid, the invalidity of 19that provision or application does not affect other provisions 20or applications of this Section that can be given effect 21without the invalid provision or application. 22 (n) The provisions of subsections (a), (b), (c), and (l) 23apply on and after July 1, 2027 and the provisions of 24subsections (d), (e), (f), (g), (h), (i), (j), (k), and (m) 25apply on and after January 1, 2028. HB4966 Enrolled- 38 -LRB104 20048 KTG 33499 b 1 (20 ILCS 505/7.30 new) 2 Sec. 7.30. Protecting access to lawful health care for 3youth placed outside the State of Illinois. 4 (a) Findings. The General Assembly finds and declares 5that: 6 (1) Youth in the care of the Department remain subject 7 to the jurisdiction of Illinois courts regardless of 8 placement location. 9 (2) Access to medically appropriate health care is 10 essential to youth safety and well-being. Denial or delay 11 of medically appropriate health care may result in serious 12 physical and mental health consequences. 13 (3) The Department has a continuing obligation to act 14 in the best interests of youth, including ensuring access 15 to lawful, medically appropriate health care permitted 16 under Illinois law, and protection from being forced to 17 receive care that has been prohibited under Illinois law. 18 (4) It is the policy of this State to ensure that all 19 youth in the care of the Department receive the full 20 measure of protections, rights, and services guaranteed 21 under Illinois law, regardless of where the youth is 22 placed by the Department. 23 (5) The General Assembly intends to protect the rights 24 of youth placed by the Department outside the State of 25 Illinois and require the Department to take affirmative 26 steps to protect these youth when they are the subjects of HB4966 Enrolled- 39 -LRB104 20048 KTG 33499 b 1 a pending case under the Juvenile Court Act of 1987. 2 (b) Definitions. As used in this Section: 3 "Coordination of lawful health care" means activities 4related to arranging, referring, facilitating access to, 5monitoring, or advocating for health care services, including 6mental health care, that is lawful in the State of Illinois. 7This includes communications necessary to effectuate such 8services, for youth placed outside the State of Illinois. 9 "Interstate placement" means the placement of a youth in a 10relative home, foster home, residential facility, or other 11placement located outside this State, including placements 12made in accordance with the Interstate Compact on the 13Placement of Children. It does not include living arrangements 14involving youth returning to, or remaining in, the custody of 15a parent out-of-state. 16 "Protected characteristic" has the meaning ascribed to 17that term in subsection (b) of Section 7.29. 18 "Risk of adverse action" means a loss of a protection 19available under Illinois law that would otherwise be available 20to a youth if not for the placement of a youth outside the 21physical boundaries of the State of Illinois that can be 22reasonably predicted to have the effect of one or more of the 23following: exposing a youth or a youth's caregiver to criminal 24prosecution under the laws of another state related to the 25youth procuring or receiving health care, including mental 26health care, that is lawful in the State of Illinois; HB4966 Enrolled- 40 -LRB104 20048 KTG 33499 b 1depriving a youth of access to health care, including mental 2health care, that is lawful in the State of Illinois; 3subjecting a youth to mental health care in another state that 4involves "sexual orientation change efforts"; denying a youth 5the authority to consent to health care that the youth would 6otherwise be permitted to consent to if the youth were in the 7State of Illinois; or depriving a youth of the ability to 8maintain the privacy of the youth's health care records that 9the youth would otherwise be permitted to deny a parent's or 10guardian's access to if the youth were participating in health 11care services in Illinois. 12 "Sexual orientation change efforts" means any mental 13health practices or treatments that seek to change an 14individual's sexual orientation, as defined by subsection 15(O-1) of Section 1-103 of the Illinois Human Rights Act, 16including efforts to change behaviors or gender expressions or 17to eliminate or reduce sexual or romantic attractions or 18feelings toward individuals of the same sex. "Sexual 19orientation change efforts" does not include counseling or 20mental health services that provide acceptance, support, and 21understanding of a person without seeking to change sexual 22orientation or mental health services that facilitate a 23person's coping, social support, and gender identity 24exploration and development, including sexual orientation 25neutral interventions to prevent or address unlawful conduct 26or unsafe sexual practices, without seeking to change sexual HB4966 Enrolled- 41 -LRB104 20048 KTG 33499 b 1orientation. 2 "Youth" has the meaning ascribed to that term in 3subsection (b) of Section 4e. 4 (c) The Department shall not determine that an interstate 5placement of youth age 8 and older is in a youth's best 6interests if: 7 (1) the interstate placement exposes a youth to risk 8 of adverse action, in light of the youth's specific 9 circumstances; 10 (2) the risk of adverse action cannot be sufficiently 11 and effectively mitigated, as determined by the 12 Department; and 13 (3) the youth does not affirmatively express support 14 for being placed or remaining placed in that interstate 15 placement. 16 The Department shall document the youth's preference 17regarding being placed in or remaining in an interstate 18placement using age-appropriate and developmentally 19appropriate methods, including, but not limited to: 20interviews, written statements, structured surveys, clinical 21evaluations and consultations, drawings, or guided play. 22 After affirmatively expressing the youth's preference for 23being placed or remaining placed in the interstate placement, 24the youth maintains the right to withdraw support or 25opposition at any time and the Department has an ongoing 26obligation to monitor whether the youth continues or withdraws HB4966 Enrolled- 42 -LRB104 20048 KTG 33499 b 1support. The Department shall inform the youth of that right 2and provide the youth simple options for the youth to 3communicate withdrawal of support or opposition to the 4Department. If a youth does not affirmatively express support 5for being placed in or remaining placed in an interstate 6placement that would expose the youth to unmitigated risk of 7adverse action, as determined by the Department, the 8Department shall not determine it is in a youth's best 9interest to be placed or remain placed in the interstate 10placement and the Department shall decline to place or 11maintain placement based on unmitigated risk of adverse 12action, as determined by the Department. The Department shall 13not disclose a youth's lack of support for a placement that 14exposes the youth to unmitigated risk of adverse action to the 15prospective or current interstate placement. 16 (d) Individualized placement assessment for interstate 17placements. 18 (1) Prior to interstate placement of a youth age 8 or 19 older outside the State of Illinois, the Department shall 20 conduct an individualized assessment of the suitability 21 and risks of adverse action posed by the proposed 22 placement for the specific youth. If the interstate 23 placement of a youth age 8 or older on and after January 1, 24 2028, occurred before January 1, 2028 and that youth 25 remains in the Department's care on and after February 1, 26 2028, the Department shall complete this initial HB4966 Enrolled- 43 -LRB104 20048 KTG 33499 b 1 assessment on or before February 1, 2028 and begin 2 monitoring and reassessment of suitability and risk of 3 adverse action as provided under this Section while the 4 youth remains in an interstate placement. If a youth is 5 placed in an interstate placement before turning age 8 and 6 the youth remains in the custody of the Department, the 7 Department shall commence this initial assessment within 8 30 days of the youth reaching age 8 and begin monitoring 9 and reassessment of suitability and risk of adverse action 10 as provided under this Section while the youth remains in 11 that placement. Assessments required under this Section 12 shall consider, as appropriate: 13 (A) the youth's age, development, and expressed 14 preferences; 15 (B) the youth's physical, mental, reproductive, 16 and sexual health needs, including reasonably 17 foreseeable needs that may arise during the placement; 18 (C) whether the laws and regulations in the 19 placement jurisdiction may limit or interfere with 20 access to care or services that would be lawful under 21 Illinois law, including, but not limited to, 22 reproductive health care as defined in Section 1-10 of 23 the Reproductive Health Act, lawful health care as 24 defined in Section 28-10 of the Lawful Health Care 25 Activity Act, a youth's authority to consent to care 26 under Sections 1, 3, 4, and 5 of the Consent by Minors HB4966 Enrolled- 44 -LRB104 20048 KTG 33499 b 1 to Health Care Services Act, the privacy protections 2 afforded to youth under the Mental Health and 3 Developmental Disabilities Confidentiality Act, birth 4 control services and information available to youth 5 under the Birth Control Services to Minors Act, and 6 the ability of youth to request and receive outpatient 7 counseling services and psychotherapy under the Mental 8 Health and Developmental Disabilities Code; 9 (D) the youth's vulnerability to discrimination, 10 retaliation, or harm based on the youth's protected 11 characteristics or other individualized factors; 12 (E) whether the Department's plan to mitigate any 13 risk of adverse action is sufficient to meet the 14 youth's needs, which may include plans to arrange 15 equivalent protections or access to relevant health 16 care through contractual obligations and supplemental 17 services or by ensuring the youth's safe return to the 18 State of Illinois to access care; and 19 (F) the youth's best interest, taking into account 20 the factors listed in subsection (4.05) of Section 1-3 21 of the Juvenile Court Act of 1987. 22 The Department shall document the assessment in the 23 youth-specific record, including the basis for the 24 placement, the Department's determination that the 25 placement is or is not in the youth's best interest, the 26 assessment of protections available, risk of adverse HB4966 Enrolled- 45 -LRB104 20048 KTG 33499 b 1 action, and the specific actions taken or to be taken, if 2 any, including protective measures to mitigate against any 3 risk of adverse action, as determined by the Department, 4 and report this information to the court as required under 5 Sections 2-27.2, 2-27.4, and 2-28 of the Juvenile Court 6 Act of 1987, in a manner consistent with Department policy 7 regarding documentation of sensitive identity information. 8 If the Department places the youth age 8 or older 9 out-of-state, the Department shall continue to report this 10 information to the court at permanency hearings as part of 11 the Department's required efforts under Section 2-28 of 12 the Juvenile Court Act of 1987, in a manner consistent 13 with Department policy regarding documentation of 14 sensitive identity information. If the Department places a 15 youth under age 8 out-of-state, the Department shall begin 16 to report this information to the court as part of the 17 Department's required efforts under Sections 2-27.2 and 18 2-27.4 and at permanency hearings under Section 2-28 of 19 the Juvenile Court Act of 1987, in a manner consistent 20 with Department policy regarding documentation of 21 sensitive identity information, when the youth reaches the 22 age of 8. 23 The Department shall provide the youth's attorney or 24 guardian ad litem appointed under the Juvenile Court Act 25 of 1987 with a copy of the assessment within 10 days of the 26 assessment being finalized. If the Department plans to HB4966 Enrolled- 46 -LRB104 20048 KTG 33499 b 1 move the youth to the interstate placement within 10 days 2 after the finalization of the assessment, the Department 3 shall provide the copy of the assessment to the youth's 4 attorney or guardian ad litem immediately upon completion. 5 (2) If the initial placement assessment for a youth 6 age 8 or older finds that the placement poses risk of 7 adverse action relevant to the youth's specific 8 circumstances and that risk cannot be sufficiently and 9 effectively mitigated for this youth's circumstances, as 10 determined by the Department, the Department shall not 11 place a youth age 8 or older in an interstate placement 12 unless the Department: (i) determines that the placement 13 is in the youth's best interest, (ii) documents that the 14 youth affirmatively expresses support for the placement, 15 as required by this Section, (iii) the youth has been 16 advised of the diminished protections available and the 17 risk of action these diminished protections pose in light 18 of the youth's specific circumstances, and (iv) the youth 19 has been provided the opportunity to consult with the 20 attorney appointed to represent the youth under the 21 Juvenile Court Act of 1987. The Department shall inform 22 the youth that the youth has the right to express or 23 withhold support for placement in these circumstances. If 24 a youth who is affirmatively expressing support for 25 placement despite the unmitigated risk of adverse action 26 is not already represented by an attorney, the Department HB4966 Enrolled- 47 -LRB104 20048 KTG 33499 b 1 shall notify the court hearing the youth's case in 2 accordance with the Juvenile Court Act of 1987 that an 3 attorney for the youth should be appointed in accordance 4 with subsection (a-5) of Section 2-27.2 or subsection (c) 5 of Section 2-27.4 of the Juvenile Court Act of 1987. The 6 Department shall provide notice to the court in a manner 7 consistent with Department policy regarding documentation 8 of sensitive identity information. 9 (3) If a youth was under age 8 at the time of 10 interstate placement and the initial placement assessment 11 required under this subsection for youth reaching the age 12 8 after interstate placement finds that the jurisdiction 13 in which the youth is placed poses a risk of adverse action 14 relevant to the youth's specific circumstances and that 15 risk of adverse action cannot be sufficiently and 16 effectively mitigated for the youth's circumstances, as 17 determined by the Department, the Department must confirm 18 whether the youth affirmatively expresses support for 19 remaining in the interstate placement. The Department 20 shall inform the youth that the youth has the right to 21 express or withhold support for the placement in these 22 circumstances. 23 If the youth indicates that the youth does not support 24 remaining in the interstate placement because there is 25 unmitigated risk of adverse action in light of the youth's 26 specific circumstances, the Department shall intervene by HB4966 Enrolled- 48 -LRB104 20048 KTG 33499 b 1 returning the youth to Illinois or identifying alternative 2 placement options that comport with the requirements of 3 this Section, consistent with the youth's best interests. 4 If, in responding to the Department's inquiry, the 5 youth affirmatively expresses support for remaining in the 6 interstate placement despite the unmitigated risk of 7 adverse action the diminished protections pose in light of 8 the youth's specific circumstances, the Department shall 9 not maintain this interstate placement unless: (i) the 10 Department determines that the placement is in the youth's 11 best interest, (ii) the Department documents that the 12 youth affirmatively expresses support for the placement, 13 as required by this Section, (iii) the youth has been 14 advised of the diminished protections available and the 15 risk of adverse action these diminished protections pose 16 in light of the youth's specific circumstances, and (iv) 17 the youth has been provided the opportunity to consult 18 with the attorney appointed to represent the youth under 19 the Juvenile Court Act of 1987. If that youth is not 20 already represented by an attorney, the Department shall 21 notify the court hearing the youth's case in accordance 22 with the Juvenile Court Act of 1987 that an attorney for 23 the youth should be appointed in accordance with 24 subsection (a-5) of Section 2-27.2 or subsection (c) of 25 Section 2-27.4 of the Juvenile Court Act of 1987. The 26 Department shall provide notice to the court in a manner HB4966 Enrolled- 49 -LRB104 20048 KTG 33499 b 1 consistent with Department policy regarding documentation 2 of sensitive identity information. 3 Following the Department's determination that the risk 4 of adverse action cannot be sufficiently and effectively 5 mitigated, the Department shall immediately notify the 6 attorney appointed to represent the youth under the 7 Juvenile Court Act of 1987 when the Department is 8 considering action under this paragraph to allow the 9 youth's attorney to consult with the youth. 10 (4) Nothing in this subsection requires court approval 11 prior to interstate placement unless otherwise required by 12 law. 13 (e) Ongoing duty for Illinois-based caseworker contact to 14monitor risk of adverse action. 15 (1) For any youth age 8 or older placed outside the 16 State of Illinois, the Department shall ensure that an 17 Illinois-based caseworker maintains regular and meaningful 18 contact with the youth for the purpose of monitoring and 19 reassessing safety, well-being, access to medically 20 appropriate care, and risk of adverse action in light of 21 the youth's specific circumstances. At a minimum, such 22 contact shall include: 23 (A) direct communication, in person or via 24 videoconferencing, with the youth at intervals 25 consistent with Department policy, but not less 26 frequently than once per month in a manner that HB4966 Enrolled- 50 -LRB104 20048 KTG 33499 b 1 permits the youth to speak freely, without the undue 2 influence of others and outside the presence of the 3 caregiver, about the youth's needs and concerns 4 related to health, safety, and well-being; 5 (B) in person visits at intervals consistent with 6 Department policy based on the youth's placement type 7 and level of need but not less than twice a year for 8 approved foster placements and relative caregivers and 9 not less than quarterly for residential or qualified 10 residential treatment program placements, completed by 11 Department-designated qualified staff; 12 (C) monitoring whether the youth's placement is 13 complying with the Department's plan to ensure the 14 youth is receiving care that meets or exceeds Illinois 15 standards for safety, well-being, permanency planning, 16 and the provision of, and access to, health care; 17 (D) identifying emerging or reasonably foreseeable 18 health care needs, including reproductive and sexual 19 health needs, in light of the youth's age, 20 development, and specific circumstances; and 21 (E) reassessing whether the placement continues to 22 meet the youth's needs, in light of any changes in the 23 youth's circumstances, and revising efforts to 24 mitigate risk of adverse action, as necessary, to 25 ensure the youth's interests are protected and needs 26 are being met. Caseworker contact required under this HB4966 Enrolled- 51 -LRB104 20048 KTG 33499 b 1 subsection shall be documented in the case record and 2 reported to the court at permanency hearings as 3 required under Section 2-28 of the Juvenile Court Act 4 of 1987, in a manner consistent with Department policy 5 regarding documentation of sensitive identity 6 information. 7 (2) The ongoing monitoring and reassessment required 8 under this subsection shall recognize that a youth's 9 health care needs may change over time and shall not be 10 limited to conditions or needs identified at the time of 11 placement. The Department shall document such 12 reassessments in the youth-specific record and include the 13 reassessments in the youth's service plan, in a manner 14 consistent with Department policy regarding documentation 15 of sensitive identity information. 16 (3) The Department shall also confirm whether a youth 17 affirmatively supports remaining in the interstate 18 placement if either the: 19 (A) Department's ongoing monitoring and 20 reassessment required under this subsection finds that 21 the interstate placement poses risk of adverse action 22 relevant to the youth's specific circumstances and 23 that risk of adverse action cannot be sufficiently and 24 effectively mitigated for the youth's specific 25 circumstances, as determined by the Department, while 26 the youth remains in the interstate placement, as HB4966 Enrolled- 52 -LRB104 20048 KTG 33499 b 1 required under this Section; or 2 (B) Department learns of a denial, delay, or 3 material interference with health care approved by the 4 Department, ordered by an Illinois court, or consented 5 to by the youth as permitted by Illinois law providing 6 youth the authority to consent. 7 The Department shall inform the youth that the youth 8 has the right to express or withhold support for the 9 placement in these circumstances. If the youth does not 10 affirmatively express support for remaining in the 11 interstate placement, the Department shall intervene by 12 returning the youth to Illinois or identifying alternative 13 placement options that comport with the requirements of 14 this Section, consistent with the youth's best interests. 15 If, in responding to the Department's inquiry, the 16 youth affirmatively expresses support for remaining in 17 that interstate placement despite unmitigated risk of 18 adverse action the diminished protections pose in light of 19 the youth's specific circumstances, the Department shall 20 not maintain this interstate placement unless: (i) the 21 Department determines it is in the youth's best interest, 22 (ii) the Department documents that the youth affirmatively 23 expresses support for the placement, as required by this 24 Section, (iii) the youth has been advised of the 25 diminished protections available and the risk of adverse 26 action these diminished protections pose in light of the HB4966 Enrolled- 53 -LRB104 20048 KTG 33499 b 1 youth's specific circumstances, and (iv) the youth has 2 been provided the opportunity to consult with the attorney 3 appointed to represent the youth under the Juvenile Court 4 Act of 1987. 5 If this youth is not already represented by an 6 attorney, the Department shall notify the court hearing 7 the youth's case in accordance with the Juvenile Court Act 8 of 1987 that an attorney for the youth should be appointed 9 in accordance with subsection (a-5) of Section 2-27.2 or 10 subsection (c) of Section 2-27.4 of the Juvenile Court Act 11 of 1987. The Department shall provide notice to the court 12 in a manner consistent with Department policy regarding 13 documentation of sensitive identity information. 14 Following the Department's determination that risk of 15 adverse action cannot be sufficiently and effectively 16 mitigated, the Department shall immediately notify the 17 attorney appointed to represent the youth under the 18 Juvenile Court Act of 1987 with sufficient notice to allow 19 the youth's attorney to consult with the youth. 20 (4) Ongoing reassessment under this subsection does 21 not require the completion of an assessment form; instead, 22 the Department's analysis and any revisions to the initial 23 assessment may be documented in the format of a case note. 24 (f) Protection of Department employees and service 25providers. No employee of the Department or a service provider 26responsible for coordination of lawful health care shall be HB4966 Enrolled- 54 -LRB104 20048 KTG 33499 b 1subject to discipline, retaliation, adverse employment action, 2civil liability, or criminal liability solely for the 3coordination of lawful health care for a youth in an 4interstate placement, when such coordination is undertaken in 5good faith and within the scope of the employee's or service 6provider's official duties in accordance with Sections 7.29 7and 7.30. 8 To the fullest extent State and federal law permit, the 9Department shall not cooperate with or provide assistance to 10any out-of-state investigation, enforcement action, subpoena, 11or request that seeks to impose civil, criminal, or 12professional penalties on an employee or service provider 13based solely on the coordination of lawful health care. 14 (g) Enforcement. Failure to comply with this Section 15constitutes grounds for the Department to deny or terminate 16placement or take licensing action, corrective action, or 17other remedial action authorized by law. A known, alleged, or 18suspected violation of a statutory requirement in this Section 19constitutes a significant event and requires a significant 20event report by the Department as defined in Section 35.1 of 21this Act and paragraph (14.2) of Section 1-3 of the Juvenile 22Court Act of 1987. 23 (h) The Department retains authority, as guardian, to 24consent to and authorize health care for youth in accordance 25with Illinois law and applicable court orders. This authority 26applies regardless of the youth's physical location, including HB4966 Enrolled- 55 -LRB104 20048 KTG 33499 b 1when a youth is placed in a residential, hospital, or other 2interstate placement setting, unless a court of competent 3jurisdiction grants such authority to another guardian or 4parent. 5 (i) The requirements of this Section apply to all 6interstate placements of youth age 8 and older. 7 (j) Construction. 8 (1) Nothing in this Section shall be construed to: 9 (A) provide immunity for any act or omission 10 unrelated to the coordination of lawful health care; 11 (B) require any person or entity to violate the 12 laws of another state; 13 (C) authorize conduct that is not otherwise lawful 14 under Illinois law; 15 (D) regulate the practice of medicine in another 16 state; 17 (E) limit the authority of Illinois courts over 18 youth for whom the Department retains legal custody; 19 (F) require another state to permit or provide 20 health care services; or 21 (G) protect conduct that constitutes willful 22 misconduct or gross negligence under Illinois law. 23 (2) Nothing in this Section shall be construed to 24 limit or diminish: (i) the rights of a youth to be free 25 from discrimination or to receive care consistent with the 26 protections guaranteed under State and federal law; (ii) HB4966 Enrolled- 56 -LRB104 20048 KTG 33499 b 1 the Department's obligation to comply with subsection (o) 2 of Section 5 of this Act or rules and procedures developed 3 in accordance with that subsection (o), Section 2-27.2 and 4 subsection (2.5) of Section 2-28 of the Juvenile Court Act 5 of 1987, and applicable provisions of the Interstate 6 Compact on the Placement of Children; or (iii) the 7 Department's obligation to act in the youth's best 8 interests. 9 (3) This Section shall be construed broadly to promote 10 the safety, well-being, best interest, and equitable 11 treatment of youth, consistent with the State's compelling 12 interest in protecting youth. 13 (k) If any provision of this Section or its application to 14any person or circumstance is held invalid, the invalidity of 15that provision or application does not affect other provisions 16or applications of this Section that can be given effect 17without the invalid provision or application. 18 (l) The provisions of this Section apply on and after 19January 1, 2028. 20 (20 ILCS 505/7.31 new) 21 Sec. 7.31. Public transparency and accountability 22reporting. 23 (a) Beginning January 1, 2028, and annually every January 241 thereafter, the Department shall post the following data on 25its website: HB4966 Enrolled- 57 -LRB104 20048 KTG 33499 b 1 (1) The following information for each youth placed 2 out-of-state during the preceding fiscal year: age, 3 gender, type of placement (relative, foster home, adoptive 4 home, institution, detention, residential treatment 5 center, or any other type of placement), and the name of 6 the state in which the youth is placed. 7 (2) A list of the out-of-state residential treatment 8 centers that the Department approved for use during the 9 last fiscal year or makes placement referrals to, 10 including the name of the center, the state in which the 11 center is located, and whether the center is a secure 12 facility. 13 (b) Beginning January 1, 2029, and annually every January 141 thereafter, the Department shall post on its website data 15from the preceding State fiscal year regarding: 16 (1) A list of the significant event reports the 17 Department received reporting alleged, suspected, or known 18 statutory violations of Section 7.29 with a brief 19 description of the nature of each significant event, 20 summarized in a manner that protects the youth's identity 21 from being revealed, and whether the significant event 22 involved the conduct of the Department or a service 23 provider. 24 (2) A list of the significant event reports the 25 Department received reporting alleged, suspected, or known 26 statutory violations of Section 7.30 with a brief HB4966 Enrolled- 58 -LRB104 20048 KTG 33499 b 1 description of the nature of each significant event, 2 summarized in a manner that protects the youth's identity 3 from being revealed, and whether the significant event 4 involved the conduct of the Department or a service 5 provider. 6 (3) A list of the enforcement actions taken by the 7 Department under Section 8.1b of the Child Care Act of 8 1969 with a brief description of the type of conduct 9 addressed, summarized in a manner that protects the 10 youth's identity from being revealed, and the type of 11 enforcement action taken by the Department. 12 The Department shall include a description of the 13methodology the Department used to collect the data for 14subsections (a) and (b), indicate whether the Department had 15any difficulties collecting the data, and indicate whether 16there are concerns about the validity of the data. If any of 17the data elements required to be disclosed under this Section 18could reasonably be linked to an identified or identifiable 19youth in combination with the other information due to small 20sample size, the Department shall exclude the data elements 21that could be used to identify the youth or compromise the 22youth's safety and report that the specific data element was 23excluded for this reason. 24 (c) Performance audits. On or after January 1, 2031, the 25Auditor General shall commence a performance audit of the 26Department to determine whether the Department is meeting the HB4966 Enrolled- 59 -LRB104 20048 KTG 33499 b 1requirements established by this amendatory Act of the 104th 2General Assembly in Sections 5g, 6a, 7, 7.29, 7.30, and 35.5 of 3this Act, Section 8.1b of the Child Care Act of 1969, and 4Sections 2-27.2, 2-27.4, 2-28, and 5-745 of the Juvenile Court 5Act of 1987. Within 3 years after the audit's release, the 6Auditor General shall commence a follow-up performance audit 7to determine whether the Department has implemented the 8recommendations contained in the initial performance audit. 9 Upon completion of each audit, the Auditor General shall 10report its findings to the General Assembly. The Auditor 11General's reports shall include any issues or deficiencies and 12recommendations. The audits required by this Section shall be 13in accordance with and subject to the Illinois State Auditing 14Act. The Department shall post both audits required under this 15subsection on the Department's website within 30 days after 16the Auditor General's finalization of the respective audit. 17 (d) The provisions of this Section apply on and after 18January 1, 2028. 19 (20 ILCS 505/35.5) 20 Sec. 35.5. Inspector General. 21 (a) The Governor shall appoint, and the Senate shall 22confirm, an Inspector General who shall have the authority to 23conduct investigations into allegations of or incidents of 24possible misconduct, misfeasance, malfeasance, or violations 25of rules, procedures, or laws by any employee, foster parent, HB4966 Enrolled- 60 -LRB104 20048 KTG 33499 b 1service provider, or contractor of the Department of Children 2and Family Services, except for allegations of violations of 3the State Officials and Employees Ethics Act which shall be 4referred to the Office of the Governor's Executive Inspector 5General for investigation. 6 The Inspector General shall make recommendations to the 7Director of Children and Family Services concerning sanctions 8or disciplinary actions against Department employees or 9providers of service under contract to the Department. The 10Inspector General shall also make recommendations to the 11Director concerning measures to be taken to remediate harm 12caused to a youth who experienced harm due to conduct 13violating a requirement in Section 7.29 or 7.30, including, 14but not limited to, the provision of remedial services or 15other remedies available under law or equity. The Inspector 16General shall investigate reports involving conduct alleged to 17violate a minor's rights under Section 7.29 or 7.30 and make 18findings as to whether the violation can be substantiated. 19 The Director of Children and Family Services shall provide 20the Inspector General with an implementation report on the 21status of any corrective actions taken on recommendations 22under review and shall continue sending updated reports until 23the corrective action is completed. The Director shall provide 24a written response to the Inspector General indicating the 25status of (i) any sanctions or disciplinary actions against 26employees or providers of service involving any investigation HB4966 Enrolled- 61 -LRB104 20048 KTG 33499 b 1subject to review and (ii) any service provision or remedial 2measures recommended by the Inspector General to address harm 3to a youth impacted by a violation of Section 7.29 or 7.30. In 4any case, information included in the reports to the Inspector 5General and Department responses shall be subject to the 6public disclosure requirements of the Abused and Neglected 7Child Reporting Act; however, any public disclosure pertaining 8to violations of Sections 7.29 or 7.30 shall be limited to 9information that cannot reasonably be linked to an identified 10or identifiable child in combination with other information, 11data sets, or sources. Any investigation conducted by the 12Inspector General shall be independent and separate from the 13investigation mandated by the Abused and Neglected Child 14Reporting Act. The Inspector General shall be appointed for a 15term of 4 years. The Inspector General shall function 16independently within the Department of Children and Family 17Services with respect to the operations of the Office of 18Inspector General, including the performance of investigations 19and issuance of findings and recommendations, and shall report 20to the Director of Children and Family Services and the 21Governor and perform other duties the Director may designate. 22The Inspector General shall adopt rules as necessary to carry 23out the functions, purposes, and duties of the office of 24Inspector General in the Department of Children and Family 25Services, in accordance with the Illinois Administrative 26Procedure Act and any other applicable law. HB4966 Enrolled- 62 -LRB104 20048 KTG 33499 b 1 (b) The Inspector General shall have access to all 2information and personnel necessary to perform the duties of 3the office. To minimize duplication of efforts, and to assure 4consistency and conformance with the requirements and 5procedures established in the B.H. v. Suter consent decree and 6to share resources when appropriate, the Inspector General 7shall coordinate the Inspector General's activities with the 8Bureau of Quality Assurance within the Department. 9 (c) The Inspector General shall be the primary liaison 10between the Department and the Illinois State Police with 11regard to investigations conducted under the Inspector 12General's auspices. If the Inspector General determines that a 13possible criminal act has been committed, or that special 14expertise is required in the investigation, the Inspector 15General shall immediately notify the Illinois State Police. 16All investigations conducted by the Inspector General shall be 17conducted in a manner designed to ensure the preservation of 18evidence for possible use in a criminal prosecution. 19 (d) The Inspector General may recommend to the Department 20of Children and Family Services, the Department of Public 21Health, or any other appropriate agency, sanctions to be 22imposed against service providers under the jurisdiction of or 23under contract with the Department for the protection of 24children in the custody or under the guardianship of the 25Department who received services from those providers. The 26Inspector General may seek the assistance of the Attorney HB4966 Enrolled- 63 -LRB104 20048 KTG 33499 b 1General or any of the several State's Attorneys in imposing 2sanctions. 3 (e) The Inspector General shall at all times be granted 4access to any foster home, facility, or program operated for 5or licensed or funded by the Department. 6 (f) Nothing in this Section shall limit investigations by 7the Department of Children and Family Services that may 8otherwise be required by law or that may be necessary in that 9Department's capacity as the central administrative authority 10for child welfare. 11 (g) The Inspector General shall have the power to subpoena 12witnesses and compel the production of books and papers 13pertinent to an investigation authorized by this Act. The 14power to subpoena or to compel the production of books and 15papers, however, shall not extend to the person or documents 16of a labor organization or its representatives insofar as the 17person or documents of a labor organization relate to the 18function of representing an employee subject to investigation 19under this Act. Any person who fails to appear in response to a 20subpoena or to answer any question or produce any books or 21papers pertinent to an investigation under this Act, except as 22otherwise provided in this Section, or who knowingly gives 23false testimony in relation to an investigation under this Act 24is guilty of a Class A misdemeanor. 25 (h)(1) The Inspector General shall provide to the General 26Assembly and the Governor, no later than January 1 of each HB4966 Enrolled- 64 -LRB104 20048 KTG 33499 b 1year, a summary of reports and investigations made under this 2Section for the prior fiscal year. The summaries shall detail 3the imposition of sanctions and the final disposition of those 4recommendations. The summaries shall not contain any 5confidential or identifying information concerning the 6subjects of the reports and investigations. The summaries also 7shall include detailed recommended administrative actions and 8matters for consideration by the General Assembly. 9 (2) As it pertains to the annual summary of reports and 10investigations required under paragraph (1), for reports 11received on or after January 1, 2028, the Inspector General 12shall: 13 (A) disclose the number of investigations commenced 14 involving allegations that conduct occurred that violated 15 a minor's rights under Section 7.29 or 7.30; 16 (B) disclose the number of those investigations that 17 resulted in the Inspector General substantiating a finding 18 that such conduct occurred; and 19 (C) for those investigations resulting in a 20 substantiated finding by the Inspector General, the 21 summaries provided shall detail: (i) the type of alleged 22 violation; (ii) the type of entity alleged to have 23 committed the conduct violation; (iii) whether any 24 remedial services or interventions were provided to the 25 youth to remedy harm related to the violation, if any; 26 (iv) the final disposition of investigative HB4966 Enrolled- 65 -LRB104 20048 KTG 33499 b 1 recommendations the Inspector General provided to the 2 Director and any reason provided to the Inspector General 3 for declining to follow a recommendation, if any; and (v) 4 any recommendations for systemic improvement to prevent 5 future violations, including any enforcement mechanisms 6 needed to ensure accountability for violations. 7 (i) The changes made to this Section by this amendatory 8Act of the 104th General Assembly apply on and after January 1, 92028. 10(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.) 11 Section 10. The Child Care Act of 1969 is amended by adding 12Section 8.1b as follows: 13 (225 ILCS 10/8.1b new) 14 Sec. 8.1b. Supportive care for youth placed; licensure and 15contractual compliance. 16 (a) Any child care institution, group home, residential 17treatment center, foster home, or child placing agency 18licensed under this Act that serves a child in the care of the 19Department of Children and Family Services shall comply with 20Sections 5g, 6a, 7, 7.29, and 7.30 of the Children and Family 21Services Act. As a condition of licensure under this Act and of 22eligibility to contract with or receive placement referrals 23from the Department, an entity licensed under this Act that 24provides care to a child in the care of the Department shall HB4966 Enrolled- 66 -LRB104 20048 KTG 33499 b 1comply with Sections 5g, 6a, 7, 7.29, and 7.30 of the Children 2and Family Services Act and agree, by contract or written 3agreement, to comply with those Sections. 4 (b) Enforcement. Failure to comply with this Section 8.1b 5may constitute grounds for the Department to deny or terminate 6placement or take licensing action, corrective action, or 7other remedial action authorized by law. Nothing in this 8subsection relieves the Department of its obligations to 9comply with the requirements of subsection (o) of Section 5 of 10the Children and Family Services Act or rules and procedures 11developed in accordance with that subsection (o). 12 (c) If any provision of this Section or its application to 13any person or circumstance is held invalid, the invalidity of 14that provision or application does not affect other provisions 15or applications of this Section that can be given effect 16without the invalid provision or application. 17 (d) The provisions of this Section apply on and after 18January 1, 2028. 19 Section 15. The Juvenile Court Act of 1987 is amended by 20changing Sections 2-27.2, 2-28, and 5-745 and by adding 21Section 2-27.4 as follows: 22 (705 ILCS 405/2-27.2) 23 Sec. 2-27.2. Placement; out-of-state residential treatment 24center. HB4966 Enrolled- 67 -LRB104 20048 KTG 33499 b 1 (a) In addition to the provisions of subsection (3) of 2Section 2-27 of this Act, no placement by any probation 3officer or agency whose representative is an appointed 4guardian of the person or legal custodian of the minor may be 5made in an out-of-state residential treatment center unless 6the court has determined that the out-of-state residential 7placement is in the best interest and is the least 8restrictive, most family-like setting for the minor. The 9Department's application to the court to place a minor in an 10out-of-state residential treatment center shall include: 11 (1) an explanation of what in State resources, if any, 12 were considered for the minor and why the minor cannot be 13 placed in a residential treatment center or other 14 placement in this State; 15 (2) an explanation as to how the out-of-state 16 residential treatment center will impact the minor's 17 relationships with family and other individuals important 18 to the minor in and what steps the Department will take to 19 preserve those relationships; 20 (3) an explanation as to how the Department will 21 ensure the safety and well-being of the minor in the 22 out-of-state residential treatment center; and 23 (4) an explanation as to why it is in the minor's best 24 interest to be placed in an out-of-state residential 25 treatment center, including a description of the minor's 26 treatment needs and how those needs will be met in the HB4966 Enrolled- 68 -LRB104 20048 KTG 33499 b 1 proposed placement; . 2 (5) an explanation as to the manner by which the 3 Department assessed the out-of-state residential treatment 4 center to determine the center's capacity to provide 5 supportive care, as defined in Section 7.29 of the 6 Children and Family Services Act, including, but not 7 limited to, whether the Department has visited the 8 placement and whether the Department has requested and, if 9 legally accessible, reviewed any history of licensing 10 violations or maltreatment reports for that placement; 11 (6) if the minor is 8 years of age or older, consistent 12 with Department policy regarding documentation of 13 sensitive identity information, as that term is defined in 14 the Children and Family Services Act, an overview of the 15 individualized placement assessment required under 16 subsection (d) of Section 7.30 of the Children and Family 17 Services Act, including any risk of adverse action 18 identified, as determined by the Department, the 19 Department's plan to mitigate such risk of adverse action; 20 and 21 (7) an affirmative statement of the minor's 22 preferences regarding placement, and if the minor does not 23 agree to this placement, the minor's explanation; and 24 (8) if the minor age 8 or older will not be 25 participating in the hearing under this Section, an 26 explanation as to how the Department offered the minor the HB4966 Enrolled- 69 -LRB104 20048 KTG 33499 b 1 opportunity to participate, including offering 2 transportation assistance and remote participation 3 opportunities. 4 (a-5) In addition to any rights the minor may have under 5Section 1-5 of this Act, if the minor is not already 6represented by an attorney, the court shall appoint an 7attorney for the minor upon notification from the Department 8that the minor requires appointment of an attorney in 9accordance with subsection (d) or (e) of Section 7.30 of the 10Children and Family Services Act. 11 (b) If the out-of-state residential treatment center is a 12secure facility as defined in paragraph (18) of Section 1-3 of 13this Act, the requirements of Section 27.1 of this Act shall 14also be met prior to the minor's placement in the out-of-state 15residential treatment center. 16 (c) This Section does not apply to an out-of-state 17placement of a minor in a family foster home, relative foster 18home, a home of a parent, or a dormitory or independent living 19setting of a minor attending a post-secondary educational 20institution. 21 (d) The changes made to this Section by this amendatory 22Act of the 104th General Assembly apply on and after January 1, 232028. 24(Source: P.A. 100-136, eff. 8-18-17.) 25 (705 ILCS 405/2-27.4 new) HB4966 Enrolled- 70 -LRB104 20048 KTG 33499 b 1 Sec. 2-27.4. Risk of adverse action assessment and 2monitoring for minors 8 or older in out-of-state placements. 3 (a) Applicability. This Section applies to minors age 8 or 4older who are placed in out-of-state placements other than 5residential treatment centers, including youth in college. 6This does not apply to minors returned to, or remaining in, the 7custody of their parents. 8 (b) Court notification. The Department shall submit a 9written report to the court as required under this subsection, 10and consistent with Department policy regarding documentation 11of sensitive identity information, as the term is defined in 12the Children and Family Services Act no later than: (i) 5 days 13prior to the Department of Children and Family Services' 14submission of an Interstate Compact on the Placement of 15Children request to place a minor; or (ii) 60 days after a 16minor who is placed out-of-state reaches age 8; or (iii) 10 17days prior to the minor moving out-of-state to a placement 18that does not require an interstate compact; or (iv) within 15 19days of the Department approving an out-of-state placement not 20subject to the Interstate Compact on the Placement of 21Children, whichever is earlier. The written report to the 22court shall explain: 23 (1) the findings of the assessment required under 24 subsection (d) of Section 7.30 of the Children and Family 25 Services Act; 26 (2) the necessity and justification for the HB4966 Enrolled- 71 -LRB104 20048 KTG 33499 b 1 out-of-state placement; 2 (3) the efforts of the Department of Children and 3 Family Services to identify an appropriate in-state 4 placement; 5 (4) the anticipated duration of the placement; 6 (5) the Department's plan for maintaining regular and 7 meaningful contact between the Illinois-based assigned 8 caseworker and the minor as required under subsections (d) 9 and (e) of Section 7.30 of the Children and Family 10 Services Act; 11 (6) why the Department determined it to be in the 12 minor's best interest to be placed in the identified 13 placement and an affirmative statement of the minor's 14 preferences regarding the placement; and 15 (7) whether the minor is in need of an attorney in 16 accordance with subsection (d) or (e) of Section 7.30 of 17 the Children and Family Services Act. 18 (c) In addition to any rights the minor may have under 19Section 1-5 of this Act, if the minor is not already 20represented by an attorney, the court shall appoint an 21attorney for the minor upon notification from the Department 22that the minor requires appointment of an attorney in 23accordance with subsection (d) or (e) of Section 7.30 of the 24Children and Family Services Act. 25 (d) The provisions of this Section apply on and after 26January 1, 2028; however, the provisions of subsection (b) HB4966 Enrolled- 72 -LRB104 20048 KTG 33499 b 1apply on and after March 1, 2028 to interstate placements of a 2youth age 8 or older if the placement occurred before January 31, 2028 and the youth remains in the Department's care on or 4after January 1, 2028. 5 (705 ILCS 405/2-28) 6 (Text of Section before amendment by P.A. 104-107) 7 Sec. 2-28. Court review. 8 (1) The court may require any legal custodian or guardian 9of the person appointed under this Act to report periodically 10to the court or may cite the legal custodian or guardian into 11court and require the legal custodian, guardian, or the legal 12custodian's or guardian's agency to make a full and accurate 13report of the doings of the legal custodian, guardian, or 14agency on behalf of the minor. The custodian or guardian, 15within 10 days after such citation, or earlier if the court 16determines it to be necessary to protect the health, safety, 17or welfare of the minor, shall make the report, either in 18writing verified by affidavit or orally under oath in open 19court, or otherwise as the court directs. Upon the hearing of 20the report the court may remove the custodian or guardian and 21appoint another in the custodian's or guardian's stead or 22restore the minor to the custody of the minor's parents or 23former guardian or custodian. However, custody of the minor 24shall not be restored to any parent, guardian, or legal 25custodian in any case in which the minor is found to be HB4966 Enrolled- 73 -LRB104 20048 KTG 33499 b 1neglected or abused under Section 2-3 or dependent under 2Section 2-4 of this Act, unless the minor can be cared for at 3home without endangering the minor's health or safety and it 4is in the best interests of the minor, and if such neglect, 5abuse, or dependency is found by the court under paragraph (1) 6of Section 2-21 of this Act to have come about due to the acts 7or omissions or both of such parent, guardian, or legal 8custodian, until such time as an investigation is made as 9provided in paragraph (5) and a hearing is held on the issue of 10the fitness of such parent, guardian, or legal custodian to 11care for the minor and the court enters an order that such 12parent, guardian, or legal custodian is fit to care for the 13minor. 14 (1.3)(A) As used in this subsection: 15 "Direct case management, care, or placement" means work or 16services of individual workers or caregivers employed, 17contracted, or licensed by the Department or its service 18providers for child welfare services provided directly to 19individual minors, including, but not limited to, case 20management, clinical services, foster or relative caregiver 21services, and other placement services. 22 "Service provider" has the meaning ascribed to that term 23in subsection (b) of Section 7.29 of the Children and Family 24Services Act. 25 (B) Upon motion by any party or sua sponte, the court shall 26conduct a hearing to determine whether the minor has been HB4966 Enrolled- 74 -LRB104 20048 KTG 33499 b 1subjected to conduct by an individual employee, contractor, 2licensee, or caregiver providing the minor's direct case 3management, care, or placement that violates the minor's 4rights under subparagraph (A) or (B) of paragraph (2) of 5subsection (e) of Section 7.29 of the Children and Family 6Services Act or paragraph (1) of subsection (f) of Section 77.29 of the Children and Family Services Act. The hearing 8shall be conducted within 10 days of notice to the parties. 9 (C) The Department shall facilitate the minor's presence 10for any proceedings regarding the alleged violation if the 11minor wants to be present. 12 (D) If the minor does not have an attorney, the court shall 13appoint one for the purposes of the hearing initiated under 14this subsection. 15 (E) If, after reviewing evidence, including evidence from 16the Department, the court determines that the minor has been 17subjected to conduct by an individual employee, contractor, 18licensee, or caregiver providing the minor's direct case 19management, care, or placement that violates the minor's 20rights under subparagraph (A) or (B) of paragraph (2) of 21subsection (e) of Section 7.29 of the Children and Family 22Services Act or under paragraph (1) of subsection (f) of 23Section 7.29 of the Children and Family Services Act, the 24court shall put in writing the factual basis supporting its 25findings, including specific factual findings regarding the 26nature of the violation and the involved employee, contractor, HB4966 Enrolled- 75 -LRB104 20048 KTG 33499 b 1licensee, or caregiver providing direct case management, care, 2or placement. Consistent with its findings, the court shall: 3 (i) order the Department to monitor and ensure 4 reasonable conditions of conduct to be demonstrated by the 5 involved employee, contractor, licensee, or caregiver 6 providing direct case management, care, or placement for a 7 specified period of time and may require the Department to 8 make periodic reports to the court containing such 9 information as the court in its discretion may prescribe; 10 (ii) require the Department to report to the court why 11 the Department's oversight may have failed to prevent 12 conduct that violated subparagraph (A) or (B) of paragraph 13 (2) of subsection (e) of Section 7.29 of the Children and 14 Family Services Act or paragraph (1) of subsection (f) of 15 Section 7.29 of the Children and Family Services Act; 16 (iii) require the Department to refer the allegation 17 of conduct in violation of subparagraph (A) or (B) of 18 paragraph (2) of subsection (e) of Section 7.29 of the 19 Children and Family Services Act or paragraph (1) of 20 subsection (f) of Section 7.29 of the Children and Family 21 Services Act to the Department's Inspector General for 22 investigation under Section 35.5 of the Children and 23 Family Services Act, if the Department has not done so 24 already; and 25 (iv) if the court determines that the Department 26 violated its obligations under paragraph (1) of subsection HB4966 Enrolled- 76 -LRB104 20048 KTG 33499 b 1 (f) of Section 7.29 of the Children and Family Services 2 Act, require the Department to take immediate action to 3 remedy the violation in accordance with this subsection. 4 (F) In addition to the required actions under paragraph 5(E), within the scope of the existing expressly permitted 6relief under the Juvenile Court Act of 1987, the court may 7enter any and all reasonable orders to remediate harm and 8prevent future harm to the minor, including, but not limited 9to: 10 (i) requiring the provision of specific services to 11 address the harm caused to the minor; 12 (ii) requiring the Department to amend the minor's 13 service plan consistent with the court's findings under 14 this subsection; 15 (iii) making a finding that the minor's placement is 16 not necessary or appropriate for the minor; 17 (iv) requiring the Department to locate an appropriate 18 placement, as determined by the Department, for the minor 19 within a specified timeframe; 20 (v) requiring the Department to submit a plan to 21 remedy the harm that resulted from the violation; 22 (vi) requiring the Department to investigate the 23 conduct of the individual employee, contractor, licensee, 24 or caregiver providing direct case management, care, or 25 placement responsible or contributing to the conditions 26 that resulted in the violation; and HB4966 Enrolled- 77 -LRB104 20048 KTG 33499 b 1 (vii) requiring the Department to implement a 2 recommendation by the minor's treating clinician, a 3 clinician contracted by the Department to evaluate the 4 minor, a recommendation made by the Department, or a 5 reasonable and relevant request for specific support made 6 by the minor. 7 (G) If the Department places a minor in a placement under 8an order entered under this subsection, the Department has the 9authority to remove the minor from that placement when a 10change in circumstances necessitates the removal to protect 11the minor's health, safety, and best interest. If the 12Department determines removal is necessary, the Department 13shall notify the parties of the planned placement change in 14writing no later than 10 days prior to the implementation of 15its determination unless remaining in the placement poses an 16imminent risk of harm to the minor, in which case the 17Department shall notify the parties of the placement change in 18writing immediately following the implementation of its 19decision. The Department shall notify others of the decision 20to change the minor's placement as required by Department 21rule. 22 (H) Any order entered under this subsection shall be 23directly related to remedying harm to a minor or preventing 24future harm to a minor caused by the conduct of an individual 25employee, contractor, licensee, or caregiver providing direct 26case management, care, or placement involved in the violation HB4966 Enrolled- 78 -LRB104 20048 KTG 33499 b 1of the minor's rights under subparagraph (A) or (B) of 2paragraph (2) of subsection (e) of Section 7.29 of the 3Children and Family Services Act or paragraph (1) of 4subsection (f) of Section 7.29 of the Children and Family 5Services Act. Nothing in this subsection diminishes a minor's 6right to seek any other remedy and relief available to the 7minor at law or equity. 8 (1.5) The public agency that is the custodian or guardian 9of the minor shall file a written report with the court no 10later than 15 days after a minor in the agency's care remains: 11 (1) in a shelter placement beyond 30 days; 12 (2) in a psychiatric hospital past the time when the 13 minor is clinically ready for discharge or beyond medical 14 necessity for the minor's health; or 15 (3) in a detention center or Department of Juvenile 16 Justice facility solely because the public agency cannot 17 find an appropriate placement for the minor. 18 The report shall explain the steps the agency is taking to 19ensure the minor is placed appropriately, how the minor's 20needs are being met in the minor's shelter placement, and if a 21future placement has been identified by the Department, why 22the anticipated placement is appropriate for the needs of the 23minor and the anticipated placement date. 24 (1.6) Within 30 days after placing a minor child in its 25care in a qualified residential treatment program, as defined 26by the federal Social Security Act, the Department of Children HB4966 Enrolled- 79 -LRB104 20048 KTG 33499 b 1and Family Services shall prepare a written report for filing 2with the court and send copies of the report to all parties. 3Within 20 days of the filing of the report, or as soon 4thereafter as the court's schedule allows but not more than 60 5days from the date of placement, the court shall hold a hearing 6to consider the Department's report and determine whether 7placement of the minor child in a qualified residential 8treatment program provides the most effective and appropriate 9level of care for the minor child in the least restrictive 10environment and if the placement is consistent with the 11short-term and long-term goals for the minor child, as 12specified in the permanency plan for the minor child. The 13court shall approve or disapprove the placement. If 14applicable, the requirements of Sections 2-27.1 and 2-27.2 of 15this Act and Section 7.30 of the Children and Family Services 16Act must also be met. The Department's written report and the 17court's written determination shall be included in and made 18part of the case plan for the minor child. If the minor child 19remains placed in a qualified residential treatment program, 20the Department shall submit evidence at each status and 21permanency hearing: 22 (A) demonstrating that ongoing on-going assessment of 23 the strengths and needs of the minor child continues to 24 support the determination that the minor's child's needs 25 cannot be met through placement in a foster family home, 26 that the placement provides the most effective and HB4966 Enrolled- 80 -LRB104 20048 KTG 33499 b 1 appropriate level of care for the minor child in the least 2 restrictive, appropriate environment, and that the 3 placement is consistent with the short-term and long-term 4 permanency goal for the minor child, as specified in the 5 permanency plan for the minor child; 6 (B) documenting the specific treatment or service 7 needs that should be met for the minor child in the 8 placement and the length of time the minor child is 9 expected to need the treatment or services; 10 (C) the efforts made by the agency to prepare the 11 minor child to return home or to be placed with a fit and 12 willing relative, a legal guardian, or an adoptive parent, 13 or in a foster family home; and 14 (D) beginning July 1, 2025, documenting the 15 Department's efforts regarding ongoing family finding and 16 relative engagement required under Section 2-27.3; and . 17 (E) if applicable, consistent with the Department 18 policy regarding documentation of sensitive identity 19 information, as that term is defined in Section 4d of the 20 Children and Family Services Act, the efforts made by the 21 Department to monitor and mitigate the risk of adverse 22 action, as defined in subsection (b) of Section 7.30 of 23 the Children and Family Services Act, relevant to the 24 minor's circumstances in an out-of-state placement. 25 (2) The first permanency hearing shall be conducted by the 26judge. Subsequent permanency hearings may be heard by a judge HB4966 Enrolled- 81 -LRB104 20048 KTG 33499 b 1or by hearing officers appointed or approved by the court in 2the manner set forth in Section 2-28.1 of this Act. The initial 3hearing shall be held (a) within 12 months from the date 4temporary custody was taken, regardless of whether an 5adjudication or dispositional hearing has been completed 6within that time frame, (b) if the parental rights of both 7parents have been terminated in accordance with the procedure 8described in subsection (5) of Section 2-21, within 30 days of 9the order for termination of parental rights and appointment 10of a guardian with power to consent to adoption, or (c) in 11accordance with subsection (2) of Section 2-13.1. Subsequent 12permanency hearings shall be held every 6 months or more 13frequently if necessary in the court's determination following 14the initial permanency hearing, in accordance with the 15standards set forth in this Section, until the court 16determines that the plan and goal have been achieved. Once the 17plan and goal have been achieved, if the minor remains in 18substitute care, the case shall be reviewed at least every 6 19months thereafter, subject to the provisions of this Section, 20unless the minor is placed in the guardianship of a suitable 21relative or other person and the court determines that further 22monitoring by the court does not further the health, safety, 23or best interest of the minor child and that this is a stable 24permanent placement. The permanency hearings must occur within 25the time frames set forth in this subsection and may not be 26delayed in anticipation of a report from any source or due to HB4966 Enrolled- 82 -LRB104 20048 KTG 33499 b 1the agency's failure to timely file its written report (this 2written report means the one required under the next paragraph 3and does not mean the service plan also referred to in that 4paragraph). 5 The public agency that is the custodian or guardian of the 6minor, or another agency responsible for the minor's care, 7shall ensure that all parties to the permanency hearings are 8provided a copy of the most recent service plan prepared 9within the prior 6 months at least 14 days in advance of the 10hearing. If not contained in the agency's service plan, the 11agency shall also include a report setting forth the 12following: 13 (A) any special physical, psychological, educational, 14 medical, emotional, or other needs of the minor or the 15 minor's family that are relevant to a permanency or 16 placement determination, and for any minor age 16 or over, 17 a written description of the programs and services that 18 will enable the minor to prepare for independent living; 19 (B) beginning July 1, 2025, a written description of 20 ongoing family finding and relative engagement efforts in 21 accordance with the requirements under Section 2-27.3 the 22 agency has undertaken since the most recent report to the 23 court to plan for the emotional and legal permanency of 24 the minor; 25 (C) whether a minor is placed in a licensed child care 26 facility under a corrective plan by the Department due to HB4966 Enrolled- 83 -LRB104 20048 KTG 33499 b 1 concerns impacting the minor's safety and well-being. The 2 report shall explain the steps the Department is taking to 3 ensure the safety and well-being of the minor and that the 4 minor's needs are met in the facility; 5 (C-1) if the minor, age 8 or older, is placed outside 6 the State of Illinois, an explanation of any risk of 7 adverse action and efforts made by the Department to meet 8 its obligations under Section 7.30 of the Children and 9 Family Services Act, stated in a manner consistent with 10 Department policy regarding documentation of sensitive 11 identity information; 12 (C-2) an explanation of the minor's preferences 13 regarding placement; and 14 (D) detail regarding what progress or lack of progress 15 the parent has made in correcting the conditions requiring 16 the minor child to be in care; whether the minor child can 17 be returned home without jeopardizing the minor's child's 18 health, safety, and welfare, what permanency goal is 19 recommended to be in the best interests of the minor 20 child, and the reasons for the recommendation. If a 21 permanency goal under paragraph (A), (B), or (B-1) of 22 subsection (2.3) have been deemed inappropriate and not in 23 the minor's best interest, the report must include the 24 following information: 25 (i) confirmation that the caseworker has discussed 26 the permanency options and subsidies available for HB4966 Enrolled- 84 -LRB104 20048 KTG 33499 b 1 guardianship and adoption with the minor's caregivers, 2 the minor's parents, as appropriate, and has discussed 3 the available permanency options with the minor in an 4 age-appropriate manner; 5 (ii) confirmation that the caseworker has 6 discussed with the minor's caregivers, the minor's 7 parents, as appropriate, and the minor as 8 age-appropriate, the distinctions between guardianship 9 and adoption, including, but not limited to, that 10 guardianship does not require termination of the 11 parent's rights or the consent of the parent; 12 (iii) a description of the stated preferences and 13 concerns, if any, the minor, the parent as 14 appropriate, and the caregiver expressed relating to 15 the options of guardianship and adoption, and the 16 reasons for the preferences; 17 (iv) if the minor is not currently in a placement 18 that will provide permanency, identification of all 19 persons presently willing and able to provide 20 permanency to the minor through either guardianship or 21 adoption, and beginning July 1, 2025, if none are 22 available, a description of the efforts made in 23 accordance with Section 2-27.3; and 24 (v) state the recommended permanency goal, why 25 that goal is recommended, and why the other potential 26 goals were not recommended. HB4966 Enrolled- 85 -LRB104 20048 KTG 33499 b 1 The caseworker must appear and testify at the permanency 2hearing. If a permanency hearing has not previously been 3scheduled by the court, the moving party shall move for the 4setting of a permanency hearing and the entry of an order 5within the time frames set forth in this subsection. 6 (2.3) At the permanency hearing, the court shall determine 7the permanency goal of the minor child. The court shall set one 8of the following permanency goals: 9 (A) The minor will be returned home by a specific date 10 within 5 months. 11 (B) The minor will be in short-term care with a 12 continued goal to return home within a period not to 13 exceed one year, where the progress of the parent or 14 parents is substantial giving particular consideration to 15 the age and individual needs of the minor. 16 (B-1) The minor will be in short-term care with a 17 continued goal to return home pending a status hearing. 18 When the court finds that a parent has not made reasonable 19 efforts or reasonable progress to date, the court shall 20 identify what actions the parent and the Department must 21 take in order to justify a finding of reasonable efforts 22 or reasonable progress and shall set a status hearing to 23 be held not earlier than 9 months from the date of 24 adjudication nor later than 11 months from the date of 25 adjudication during which the parent's progress will again 26 be reviewed. HB4966 Enrolled- 86 -LRB104 20048 KTG 33499 b 1 If the court has determined that goals (A), (B), and 2 (B-1) are not appropriate and not in the minor's best 3 interest, the court may select one of the following goals: 4 (C), (D), (E), (F), (G), or (H) for the minor as 5 appropriate and based on the best interests of the minor. 6 The court shall determine the appropriate goal for the 7 minor based on best interest factors and any 8 considerations outlined in that goal. 9 (C) The guardianship of the minor shall be transferred 10 to an individual or couple on a permanent basis. Prior to 11 changing the goal to guardianship, the court shall 12 consider the following: 13 (i) whether the agency has discussed adoption and 14 guardianship with the caregiver and what preference, 15 if any, the caregiver has as to the permanency goal; 16 (ii) whether the agency has discussed adoption and 17 guardianship with the minor, as age-appropriate, and 18 what preference, if any, the minor has as to the 19 permanency goal; 20 (iii) whether the minor is of sufficient age to 21 remember the minor's parents and if the minor child 22 values this familial identity; 23 (iv) whether the minor is placed with a relative, 24 and beginning July 1, 2025, whether the minor is 25 placed in a relative home as defined in Section 4d of 26 the Children and Family Services Act or in a certified HB4966 Enrolled- 87 -LRB104 20048 KTG 33499 b 1 relative caregiver home as defined in Section 2.36 of 2 the Child Care Act of 1969; and 3 (v) whether the parent or parents have been 4 informed about guardianship and adoption, and, if 5 appropriate, what preferences, if any, the parent or 6 parents have as to the permanency goal. 7 (D) The minor will be in substitute care pending court 8 determination on termination of parental rights. Prior to 9 changing the goal to substitute care pending court 10 determination on termination of parental rights, the court 11 shall consider the following: 12 (i) whether the agency has discussed adoption and 13 guardianship with the caregiver and what preference, 14 if any, the caregiver has as to the permanency goal; 15 (ii) whether the agency has discussed adoption and 16 guardianship with the minor, as age-appropriate, and 17 what preference, if any, the minor has as to the 18 permanency goal; 19 (iii) whether the minor is of sufficient age to 20 remember the minor's parents and if the minor child 21 values this familial identity; 22 (iv) whether the minor is placed with a relative, 23 and beginning July 1, 2025, whether the minor is 24 placed in a relative home as defined in Section 4d of 25 the Children and Family Services Act, in a certified 26 relative caregiver home as defined in Section 2.36 of HB4966 Enrolled- 88 -LRB104 20048 KTG 33499 b 1 the Child Care Act of 1969; 2 (v) whether the minor is already placed in a 3 pre-adoptive home, and if not, whether such a home has 4 been identified; and 5 (vi) whether the parent or parents have been 6 informed about guardianship and adoption, and, if 7 appropriate, what preferences, if any, the parent or 8 parents have as to the permanency goal. 9 (E) Adoption, provided that parental rights have been 10 terminated or relinquished. 11 (F) Provided that permanency goals (A) through (E) 12 have been deemed inappropriate and not in the minor's best 13 interests, the minor over age 15 will be in substitute 14 care pending independence. In selecting this permanency 15 goal, the Department of Children and Family Services may 16 provide services to enable reunification and to strengthen 17 the minor's connections with family, fictive kin, and 18 other responsible adults, provided the services are in the 19 minor's best interest. The services shall be documented in 20 the service plan. 21 (G) The minor will be in substitute care because the 22 minor cannot be provided for in a home environment due to 23 developmental disabilities or mental illness or because 24 the minor is a danger to self or others, provided that 25 goals (A) through (E) have been deemed inappropriate and 26 not in the minor's child's best interests. HB4966 Enrolled- 89 -LRB104 20048 KTG 33499 b 1 In selecting any permanency goal, the court shall 2 indicate in writing the reasons the goal was selected and 3 why the preceding goals were deemed inappropriate and not 4 in the minor's child's best interest. Where the court has 5 selected a permanency goal other than (A), (B), or (B-1), 6 the Department of Children and Family Services shall not 7 provide further reunification services, except as provided 8 in paragraph (F) of this subsection (2.3), but shall 9 provide services consistent with the goal selected. 10 (H) Notwithstanding any other provision in this 11 Section, the court may select the goal of continuing 12 foster care as a permanency goal if: 13 (1) The Department of Children and Family Services 14 has custody and guardianship of the minor; 15 (2) The court has deemed all other permanency 16 goals inappropriate based on the minor's child's best 17 interest; 18 (3) The court has found compelling reasons, based 19 on written documentation reviewed by the court, to 20 place the minor in continuing foster care. Compelling 21 reasons include: 22 (a) the minor child does not wish to be 23 adopted or to be placed in the guardianship of the 24 minor's relative, certified relative caregiver, or 25 foster care placement; 26 (b) the minor child exhibits an extreme level HB4966 Enrolled- 90 -LRB104 20048 KTG 33499 b 1 of need such that the removal of the minor child 2 from the minor's placement would be detrimental to 3 the minor child; or 4 (c) the minor child who is the subject of the 5 permanency hearing has existing close and strong 6 bonds with a sibling, and achievement of another 7 permanency goal would substantially interfere with 8 the subject minor's child's sibling relationship, 9 taking into consideration the nature and extent of 10 the relationship, and whether ongoing contact is 11 in the subject minor's child's best interest, 12 including long-term emotional interest, as 13 compared with the legal and emotional benefit of 14 permanence; 15 (4) The minor child has lived with the relative, 16 certified relative caregiver, or foster parent for at 17 least one year; and 18 (5) The relative, certified relative caregiver, or 19 foster parent currently caring for the minor child is 20 willing and capable of providing the minor child with 21 a stable and permanent environment. 22 (2.4) The court shall set a permanency goal that is in the 23best interest of the minor child. In determining that goal, 24the court shall consult with the minor in an age-appropriate 25manner regarding the proposed permanency or transition plan 26for the minor. The court's determination shall include the HB4966 Enrolled- 91 -LRB104 20048 KTG 33499 b 1following factors: 2 (A) Age of the minor child. 3 (B) Options available for permanence, including both 4 out-of-state and in-state placement options. 5 (C) Current placement of the minor child and the 6 intent of the family regarding subsidized guardianship and 7 adoption. 8 (D) Emotional, physical, and mental status or 9 condition of the minor child. 10 (E) Types of services previously offered and whether 11 or not the services were successful and, if not 12 successful, the reasons the services failed. 13 (F) Availability of services currently needed and 14 whether the services exist. 15 (G) Status of siblings of the minor. 16 (H) If the minor is not currently in a placement 17 likely to achieve permanency, whether there is an 18 identified and willing potential permanent caregiver for 19 the minor, and if so, that potential permanent caregiver's 20 intent regarding guardianship and adoption. 21 The court shall consider (i) the permanency goal contained 22in the service plan, (ii) the appropriateness of the services 23contained in the plan and whether those services have been 24provided, (iii) whether reasonable efforts have been made by 25all the parties to the service plan to achieve the goal, and 26(iv) whether the plan and goal have been achieved. All HB4966 Enrolled- 92 -LRB104 20048 KTG 33499 b 1evidence relevant to determining these questions, including 2oral and written reports, may be admitted and may be relied on 3to the extent of their probative value. 4 The court shall make findings as to whether, in violation 5of Section 8.2 of the Abused and Neglected Child Reporting 6Act, any portion of the service plan compels a minor child or 7parent to engage in any activity or refrain from any activity 8that is not reasonably related to remedying a condition or 9conditions that gave rise or which could give rise to any 10finding of child abuse or neglect. The services contained in 11the service plan shall include services reasonably related to 12remedy the conditions that gave rise to removal of the minor 13child from the home of the minor's child's parents, guardian, 14or legal custodian or that the court has found must be remedied 15prior to returning the minor child home. Any tasks the court 16requires of the parents, guardian, or legal custodian or minor 17child prior to returning the minor child home must be 18reasonably related to remedying a condition or conditions that 19gave rise to or which could give rise to any finding of child 20abuse or neglect. 21 If the permanency goal is to return home, the court shall 22make findings that identify any problems that are causing 23continued placement of the minors children away from the home 24and identify what outcomes would be considered a resolution to 25these problems. The court shall explain to the parents that 26these findings are based on the information that the court has HB4966 Enrolled- 93 -LRB104 20048 KTG 33499 b 1at that time and may be revised, should additional evidence be 2presented to the court. 3 The court shall review the Sibling Contact Support Plan 4developed or modified under subsection (f) of Section 7.4 of 5the Children and Family Services Act, if applicable. If the 6Department has not convened a meeting to develop or modify a 7Sibling Contact Support Plan, or if the court finds that the 8existing Plan is not in the minor's child's best interest, the 9court may enter an order requiring the Department to develop, 10modify, or implement a Sibling Contact Support Plan, or order 11mediation. 12 The Beginning July 1, 2025, the court shall review the 13Ongoing Family Finding and Relative Engagement Plan required 14under Section 2-27.3. If the court finds that the plan is not 15in the minor's best interest, the court shall enter specific 16factual findings and order the Department to modify the plan 17consistent with the court's findings. 18 If the goal has been achieved, the court shall enter 19orders that are necessary to conform the minor's legal custody 20and status to those findings. 21 If, after receiving evidence, the court determines that 22the services contained in the plan are not reasonably 23calculated to facilitate achievement of the permanency goal, 24the court shall put in writing the factual basis supporting 25the determination and enter specific findings based on the 26evidence. The court also shall enter an order for the HB4966 Enrolled- 94 -LRB104 20048 KTG 33499 b 1Department to develop and implement a new service plan or to 2implement changes to the current service plan consistent with 3the court's findings. The new service plan shall be filed with 4the court and served on all parties within 45 days of the date 5of the order. The court shall continue the matter until the new 6service plan is filed. Except as authorized by subsection 7(2.5) of this Section and as otherwise specifically authorized 8by law, the court is not empowered under this Section to order 9specific placements, specific services, or specific service 10providers to be included in the service plan. 11 A guardian or custodian appointed by the court pursuant to 12this Act shall file updated case plans with the court every 6 13months. 14 Rights of wards of the court under this Act are 15enforceable against any public agency by complaints for relief 16by mandamus filed in any proceedings brought under this Act. 17 (2.5) If, after reviewing the evidence, including evidence 18from the Department, the court determines that the minor's 19current or planned placement is not necessary or appropriate 20to facilitate achievement of the permanency goal, the court 21shall put in writing the factual basis supporting its 22determination and enter specific findings based on the 23evidence. If the court finds that the minor's current or 24planned placement is not necessary or appropriate, the court 25may enter an order directing the Department to implement a 26recommendation by the minor's treating clinician or a HB4966 Enrolled- 95 -LRB104 20048 KTG 33499 b 1clinician contracted by the Department to evaluate the minor 2or a recommendation made by the Department. If the Department 3places a minor in a placement under an order entered under this 4subsection (2.5), the Department has the authority to remove 5the minor from that placement when a change in circumstances 6necessitates the removal to protect the minor's health, 7safety, and best interest. If the Department determines 8removal is necessary, the Department shall notify the parties 9of the planned placement change in writing no later than 10 10days prior to the implementation of its determination unless 11remaining in the placement poses an imminent risk of harm to 12the minor, in which case the Department shall notify the 13parties of the placement change in writing immediately 14following the implementation of its decision. The Department 15shall notify others of the decision to change the minor's 16placement as required by Department rule. 17 (3) Following the permanency hearing, the court shall 18enter a written order that includes the determinations 19required under subsections (2) and (2.3) of this Section and 20sets forth the following: 21 (a) The future status of the minor, including the 22 permanency goal, and any order necessary to conform the 23 minor's legal custody and status to such determination; or 24 (b) If the permanency goal of the minor cannot be 25 achieved immediately, the specific reasons for continuing 26 the minor in the care of the Department of Children and HB4966 Enrolled- 96 -LRB104 20048 KTG 33499 b 1 Family Services or other agency for short-term placement, 2 and the following determinations: 3 (i) (Blank). 4 (ii) Whether the services required by the court 5 and by any service plan prepared within the prior 6 6 months have been provided and (A) if so, whether the 7 services were reasonably calculated to facilitate the 8 achievement of the permanency goal or (B) if not 9 provided, why the services were not provided. 10 (iii) Whether the minor's current or planned 11 placement is necessary, and appropriate to the plan 12 and goal, recognizing the right of minors to the least 13 restrictive (most family-like) setting available and 14 in close proximity to the parents' home consistent 15 with the health, safety, best interest, and special 16 needs of the minor and, if the minor is placed 17 out-of-state, whether the out-of-state placement 18 continues to be appropriate and consistent with the 19 health, safety, and best interest of the minor with 20 Department compliance with the obligations of Section 21 7.30 of the Children and Family Services Act. 22 (iv) (Blank). 23 (v) (Blank). 24 (4) The minor or any person interested in the minor may 25apply to the court for a change in custody of the minor and the 26appointment of a new custodian or guardian of the person or for HB4966 Enrolled- 97 -LRB104 20048 KTG 33499 b 1the restoration of the minor to the custody of the minor's 2parents or former guardian or custodian. 3 When return home is not selected as the permanency goal: 4 (a) The Department, the minor, or the current foster 5 parent or relative caregiver seeking private guardianship 6 may file a motion for private guardianship of the minor. 7 Appointment of a guardian under this Section requires 8 approval of the court. 9 (b) The State's Attorney may file a motion to 10 terminate parental rights of any parent who has failed to 11 make reasonable efforts to correct the conditions which 12 led to the removal of the minor child or reasonable 13 progress toward the return of the minor child, as defined 14 in subdivision (D)(m) of Section 1 of the Adoption Act or 15 for whom any other unfitness ground for terminating 16 parental rights as defined in subdivision (D) of Section 1 17 of the Adoption Act exists. 18 When parental rights have been terminated for a 19 minimum of 3 years and the minor child who is the subject 20 of the permanency hearing is 13 years old or older and is 21 not currently placed in a placement likely to achieve 22 permanency, the Department of Children and Family Services 23 shall make reasonable efforts to locate parents whose 24 rights have been terminated, except when the Court 25 determines that those efforts would be futile or 26 inconsistent with the subject minor's child's best HB4966 Enrolled- 98 -LRB104 20048 KTG 33499 b 1 interests. The Department of Children and Family Services 2 shall assess the appropriateness of the parent whose 3 rights have been terminated, and shall, as appropriate, 4 foster and support connections between the parent whose 5 rights have been terminated and the minor youth. The 6 Department of Children and Family Services shall document 7 its determinations and efforts to foster connections in 8 the minor's child's case plan. 9 Custody of the minor shall not be restored to any parent, 10guardian, or legal custodian in any case in which the minor is 11found to be neglected or abused under Section 2-3 or dependent 12under Section 2-4 of this Act, unless the minor can be cared 13for at home without endangering the minor's health or safety 14and it is in the best interest of the minor, and if such 15neglect, abuse, or dependency is found by the court under 16paragraph (1) of Section 2-21 of this Act to have come about 17due to the acts or omissions or both of such parent, guardian, 18or legal custodian, until such time as an investigation is 19made as provided in paragraph (5) and a hearing is held on the 20issue of the health, safety, and best interest of the minor and 21the fitness of such parent, guardian, or legal custodian to 22care for the minor and the court enters an order that such 23parent, guardian, or legal custodian is fit to care for the 24minor. If a motion is filed to modify or vacate a private 25guardianship order and return the minor child to a parent, 26guardian, or legal custodian, the court may order the HB4966 Enrolled- 99 -LRB104 20048 KTG 33499 b 1Department of Children and Family Services to assess the 2minor's current and proposed living arrangements and to 3provide ongoing monitoring of the health, safety, and best 4interest of the minor during the pendency of the motion to 5assist the court in making that determination. In the event 6that the minor has attained 18 years of age and the guardian or 7custodian petitions the court for an order terminating the 8minor's guardianship or custody, guardianship or custody shall 9terminate automatically 30 days after the receipt of the 10petition unless the court orders otherwise. No legal custodian 11or guardian of the person may be removed without the legal 12custodian's or guardian's consent until given notice and an 13opportunity to be heard by the court. 14 When the court orders a minor child restored to the 15custody of the parent or parents, the court shall order the 16parent or parents to cooperate with the Department of Children 17and Family Services and comply with the terms of an aftercare 18after-care plan, or risk the loss of custody of the minor child 19and possible termination of their parental rights. The court 20may also enter an order of protective supervision in 21accordance with Section 2-24. 22 If the minor is being restored to the custody of a parent, 23legal custodian, or guardian who lives outside of Illinois, 24and an Interstate Compact has been requested and refused, the 25court may order the Department of Children and Family Services 26to arrange for an assessment of the minor's proposed living HB4966 Enrolled- 100 -LRB104 20048 KTG 33499 b 1arrangement and for ongoing monitoring of the health, safety, 2and best interest of the minor and compliance with any order of 3protective supervision entered in accordance with Section 42-24. 5 (5) Whenever a parent, guardian, or legal custodian files 6a motion for restoration of custody of the minor, and the minor 7was adjudicated neglected, abused, or dependent as a result of 8physical abuse, the court shall cause to be made an 9investigation as to whether the movant has ever been charged 10with or convicted of any criminal offense which would indicate 11the likelihood of any further physical abuse to the minor. 12Evidence of such criminal convictions shall be taken into 13account in determining whether the minor can be cared for at 14home without endangering the minor's health or safety and 15fitness of the parent, guardian, or legal custodian. 16 (a) Any agency of this State or any subdivision 17 thereof shall cooperate with the agent of the court in 18 providing any information sought in the investigation. 19 (b) The information derived from the investigation and 20 any conclusions or recommendations derived from the 21 information shall be provided to the parent, guardian, or 22 legal custodian seeking restoration of custody prior to 23 the hearing on fitness and the movant shall have an 24 opportunity at the hearing to refute the information or 25 contest its significance. 26 (c) All information obtained from any investigation HB4966 Enrolled- 101 -LRB104 20048 KTG 33499 b 1 shall be confidential as provided in Section 5-150 of this 2 Act. 3 (6) The changes made to this Section by this amendatory 4Act of the 104th General Assembly apply on and after January 1, 52028. 6(Source: P.A. 103-22, eff. 8-8-23; 103-154, eff. 6-30-23; 7103-171, eff. 1-1-24; 103-605, eff. 7-1-24; 103-1061, eff. 82-5-25; 104-2, eff. 6-16-25; revised 8-20-25.) 9 (Text of Section after amendment by P.A. 104-107) 10 Sec. 2-28. Court review. 11 (1) The court may require any legal custodian or guardian 12of the person appointed under this Act to report periodically 13to the court or may cite the legal custodian or guardian into 14court and require the legal custodian, guardian, or the legal 15custodian's or guardian's agency to make a full and accurate 16report of the doings of the legal custodian, guardian, or 17agency on behalf of the minor. The custodian or guardian, 18within 10 days after such citation, or earlier if the court 19determines it to be necessary to protect the health, safety, 20or welfare of the minor, shall make the report, either in 21writing verified by affidavit or orally under oath in open 22court, or otherwise as the court directs. Upon the hearing of 23the report the court may remove the custodian or guardian and 24appoint another in the custodian's or guardian's stead or 25restore the minor to the custody of the minor's parents or HB4966 Enrolled- 102 -LRB104 20048 KTG 33499 b 1former guardian or custodian. However, custody of the minor 2shall not be restored to any parent, guardian, or legal 3custodian in any case in which the minor is found to be 4neglected or abused under Section 2-3 or dependent under 5Section 2-4 of this Act, unless the minor can be cared for at 6home without endangering the minor's health or safety and it 7is in the best interests of the minor, and if such neglect, 8abuse, or dependency is found by the court under paragraph (1) 9of Section 2-21 of this Act to have come about due to the acts 10or omissions or both of such parent, guardian, or legal 11custodian, until such time as an investigation is made as 12provided in paragraph (5) and a hearing is held on the issue of 13the fitness of such parent, guardian, or legal custodian to 14care for the minor and the court enters an order that such 15parent, guardian, or legal custodian is fit to care for the 16minor. 17 (1.3)(A) As used in this subsection: 18 "Direct case management, care, or placement" means work or 19services of individual workers or caregivers employed, 20contracted, or licensed by the Department or its service 21providers for child welfare services provided directly to 22individual minors, including, but not limited to, case 23management, clinical services, foster or relative caregiver 24services, and other placement services. 25 "Service provider" has the meaning ascribed to that term 26in subsection (b) of Section 7.29 of the Children and Family HB4966 Enrolled- 103 -LRB104 20048 KTG 33499 b 1Services Act. 2 (B) Upon motion by any party or sua sponte, the court shall 3schedule a hearing to determine whether the minor has been 4subjected to conduct by an individual employee, contractor, 5licensee, or caregiver providing the minor's direct case 6management, care, or placement that violates the minor's 7rights under subparagraph (A) or (B) of paragraph (2) of 8subsection (e) of Section 7.29 of the Children and Family 9Services Act or paragraph (1) of subsection (f) of Section 107.29 of the Children and Family Services Act. The hearing 11shall be conducted within 10 days of notice to the parties. 12 (C) The Department shall facilitate the minor's presence 13for any proceedings regarding the alleged violation if the 14minor wants to be present. 15 (D) If the minor does not have an attorney, the court shall 16appoint one for the purposes of the hearing initiated under 17this subsection. 18 (E) If, after reviewing evidence, including evidence from 19the Department, the court determines that the minor has been 20subjected to conduct by an individual employee, contractor, 21licensee, or caregiver providing the minor's direct case 22management, care, or placement that violates the minor's 23rights under subparagraph (A) or (B) of paragraph (2) of 24subsection (e) of Section 7.29 of the Children and Family 25Services Act or paragraph (1) of subsection (f) of Section 267.29 of the Children and Family Services Act, the court shall HB4966 Enrolled- 104 -LRB104 20048 KTG 33499 b 1put in writing the factual basis supporting its findings, 2including specific factual findings regarding the nature of 3the violation and the involved employee, contractor, licensee, 4or caregiver providing direct case management, care, or 5placement. Consistent with its findings, the court shall: 6 (i) order the Department to monitor and ensure 7 reasonable conditions of conduct to be demonstrated by the 8 involved employee, contractor, licensee, or caregiver 9 providing the minor's direct case management, care, or 10 placement for a specified period of time and may require 11 the Department to make periodic reports to the court 12 containing such information as the court in its discretion 13 may prescribe; 14 (ii) require the Department to report to the court why 15 the Department's oversight may have failed to prevent 16 conduct that violated subparagraph (A) or (B) of paragraph 17 (2) of subsection (e) of Section 7.29 of the Children and 18 Family Services Act or paragraph (1) of subsection (f) of 19 Section 7.29 of the Children and Family Services Act; 20 (iii) require the Department to refer the allegation 21 of conduct in violation of subparagraph (A) or (B) of 22 paragraph (2) of subsection (e) of Section 7.29 of the 23 Children and Family Services Act or paragraph (1) of 24 subsection (f) of Section 7.29 of the Children and Family 25 Services Act to the Department's inspector general for 26 investigation under Section 35.5 of the Children and HB4966 Enrolled- 105 -LRB104 20048 KTG 33499 b 1 Family Services Act, if the Department has not done so 2 already; and 3 (iv) if the court determines that the Department 4 violated its obligations under paragraph (1) of subsection 5 (f) of Section 7.29 of the Children and Family Services 6 Act, make a finding that the minor's placement is not 7 necessary or appropriate for the minor and require the 8 Department to take immediate action to remedy the 9 violation in accordance with this subsection. 10 (F) In addition to the required actions under paragraph 11(E), within the scope of the existing expressly permitted 12relief under the Juvenile Court Act of 1987, the court may 13enter any and all reasonable orders to remediate harm and 14prevent future harm to the minor, including, but not limited 15to: 16 (i) requiring the provision of specific services to 17 address the harm caused to the minor; 18 (ii) requiring the Department to amend the minor's 19 service plan consistent with the court's findings under 20 this subsection; 21 (iii) making a finding that the minor's placement is 22 not necessary or appropriate for the minor; 23 (iv) requiring the Department to locate an appropriate 24 placement, as determined by the Department, for the minor 25 within a specified timeframe; 26 (v) requiring the Department to submit a plan to HB4966 Enrolled- 106 -LRB104 20048 KTG 33499 b 1 remedy the harm that resulted from the violation; 2 (vi) requiring the Department to investigate the 3 conduct of the individual employee, contractor, licensee, 4 or caregiver providing the direct case management, care, 5 or placement responsible or contributing to the conditions 6 that resulted in the violation; and 7 (vii) requiring the Department to implement a 8 recommendation by the minor's treating clinician, a 9 clinician contracted by the Department to evaluate the 10 minor, a recommendation made by the Department, or a 11 reasonable and relevant request for specific support made 12 by the minor. 13 (G) If the Department places a minor in a placement under 14an order entered under this subsection, the Department has the 15authority to remove the minor from that placement when a 16change in circumstances necessitates the removal to protect 17the minor's health, safety, and best interest. If the 18Department determines removal is necessary, the Department 19shall notify the parties of the planned placement change in 20writing no later than 10 days prior to the implementation of 21its determination unless remaining in the placement poses an 22imminent risk of harm to the minor, in which case the 23Department shall notify the parties of the placement change in 24writing immediately following the implementation of its 25decision. The Department shall notify others of the decision 26to change the minor's placement as required by Department HB4966 Enrolled- 107 -LRB104 20048 KTG 33499 b 1rule. 2 (H) Any order entered under this subsection shall be 3directly related to remedying harm to a minor or preventing 4future harm to a minor caused by the conduct of the individual 5employee, contractor, licensee, or caregiver providing direct 6case management, care, or placement involved in the violation 7of the minor's rights under subparagraph (A) or (B) of 8paragraph (2) of subsection (e) of Section 7.29 of the 9Children and Family Services Act or paragraph (1) of 10subsection (f) of Section 7.29 of the Children and Family 11Services Act. Nothing in this subsection diminishes a minor's 12right to seek any other remedy and relief available to the 13minor at law or equity. 14 (1.5) The public agency that is the custodian or guardian 15of the minor shall file a written report with the court no 16later than 15 days after a minor in the agency's care remains: 17 (1) in a shelter placement beyond 30 days; 18 (2) in a psychiatric hospital past the time when the 19 minor is clinically ready for discharge or beyond medical 20 necessity for the minor's health; or 21 (3) in a detention center or Department of Juvenile 22 Justice facility solely because the public agency cannot 23 find an appropriate placement for the minor. 24 The report shall explain the steps the agency is taking to 25ensure the minor is placed appropriately, how the minor's 26needs are being met in the minor's shelter placement, and if a HB4966 Enrolled- 108 -LRB104 20048 KTG 33499 b 1future placement has been identified by the Department, why 2the anticipated placement is appropriate for the needs of the 3minor and the anticipated placement date. 4 (1.6) Within 30 days after placing a minor child in its 5care in a qualified residential treatment program, as defined 6by the federal Social Security Act, the Department of Children 7and Family Services shall prepare a written report for filing 8with the court and send copies of the report to all parties. 9Within 20 days of the filing of the report, or as soon 10thereafter as the court's schedule allows but not more than 60 11days from the date of placement, the court shall hold a hearing 12to consider the Department's report and determine whether 13placement of the minor child in a qualified residential 14treatment program provides the most effective and appropriate 15level of care for the minor child in the least restrictive 16environment and if the placement is consistent with the 17short-term and long-term goals for the minor child, as 18specified in the permanency plan for the minor child. The 19court shall approve or disapprove the placement. If 20applicable, the requirements of Sections 2-27.1 and 2-27.2 of 21this Act and Sections 7.30 and 7.31 of the Children and Family 22Services Act must also be met. The Department's written report 23and the court's written determination shall be included in and 24made part of the case plan for the minor child. If the minor 25child remains placed in a qualified residential treatment 26program, the Department shall submit evidence at each status HB4966 Enrolled- 109 -LRB104 20048 KTG 33499 b 1and permanency hearing: 2 (A) demonstrating that ongoing on-going assessment of 3 the strengths and needs of the minor child continues to 4 support the determination that the minor's child's needs 5 cannot be met through placement in a foster family home, 6 that the placement provides the most effective and 7 appropriate level of care for the minor child in the least 8 restrictive, appropriate environment, and that the 9 placement is consistent with the short-term and long-term 10 permanency goal for the minor child, as specified in the 11 permanency plan for the minor child; 12 (B) documenting the specific treatment or service 13 needs that should be met for the minor child in the 14 placement and the length of time the minor child is 15 expected to need the treatment or services; 16 (C) detailing the efforts made by the agency to 17 prepare the minor child to return home or to be placed with 18 a fit and willing relative, a legal guardian, or an 19 adoptive parent, or in a foster family home; 20 (D) beginning July 1, 2025, documenting the 21 Department's efforts regarding ongoing family finding and 22 relative engagement required under Section 2-27.3; and 23 (E) detailing efforts to ensure the minor is engaged 24 in age and developmentally appropriate activities to 25 develop life skills, which may include extracurricular 26 activities, coaching by caregivers, or instruction in HB4966 Enrolled- 110 -LRB104 20048 KTG 33499 b 1 individual or group settings. For minors who have 2 participated in life skills assessments, the results of 3 such assessments and how the minor's identified needs are 4 being addressed; and . 5 (F) if applicable, consistent with Department policy 6 regarding documentation of sensitive identity information, 7 as defined in Section 4d of the Children and Family 8 Services Act, the efforts made by the Department to 9 monitor and mitigate the risk of adverse action, as 10 defined in subsection (b) of Section 7.30 of the Children 11 and Family Services Act, relevant to the minor's 12 circumstances in an out-of-state placement. 13 (2) The first permanency hearing shall be conducted by the 14judge. Subsequent permanency hearings may be heard by a judge 15or by hearing officers appointed or approved by the court in 16the manner set forth in Section 2-28.1 of this Act. The initial 17hearing shall be held (a) within 12 months from the date 18temporary custody was taken, regardless of whether an 19adjudication or dispositional hearing has been completed 20within that time frame, (b) if the parental rights of both 21parents have been terminated in accordance with the procedure 22described in subsection (5) of Section 2-21, within 30 days of 23the order for termination of parental rights and appointment 24of a guardian with power to consent to adoption, or (c) in 25accordance with subsection (2) of Section 2-13.1. Subsequent 26permanency hearings shall be held every 6 months or more HB4966 Enrolled- 111 -LRB104 20048 KTG 33499 b 1frequently if necessary in the court's determination following 2the initial permanency hearing, in accordance with the 3standards set forth in this Section, until the court 4determines that the plan and goal have been achieved. Once the 5plan and goal have been achieved, if the minor remains in 6substitute care, the case shall be reviewed at least every 6 7months thereafter, subject to the provisions of this Section, 8unless the minor is placed in the guardianship of a suitable 9relative or other person and the court determines that further 10monitoring by the court does not further the health, safety, 11or best interest of the minor child and that this is a stable 12permanent placement. The permanency hearings must occur within 13the time frames set forth in this subsection and may not be 14delayed in anticipation of a report from any source or due to 15the agency's failure to timely file its written report (this 16written report means the one required under the next paragraph 17and does not mean the service plan also referred to in that 18paragraph). 19 The public agency that is the custodian or guardian of the 20minor, or another agency responsible for the minor's care, 21shall ensure that all parties to the permanency hearings are 22provided a copy of the most recent service plan prepared 23within the prior 6 months at least 14 days in advance of the 24hearing. If not contained in the agency's service plan, the 25agency shall also include a report setting forth the 26following: HB4966 Enrolled- 112 -LRB104 20048 KTG 33499 b 1 (A) any special physical, psychological, educational, 2 medical, emotional, or other needs of the minor or the 3 minor's family that are relevant to a permanency or 4 placement determination, and for any minor age 16 or over, 5 a written description of the programs and services that 6 will enable the minor to prepare for independent living; 7 (B) beginning July 1, 2025, a written description of 8 ongoing family finding and relative engagement efforts in 9 accordance with the requirements under Section 2-27.3 the 10 agency has undertaken since the most recent report to the 11 court to plan for the emotional and legal permanency of 12 the minor; 13 (C) whether a minor is placed in a licensed child care 14 facility under a corrective plan by the Department due to 15 concerns impacting the minor's safety and well-being. The 16 report shall explain the steps the Department is taking to 17 ensure the safety and well-being of the minor and that the 18 minor's needs are met in the facility; 19 (C-1) if the minor, age 8 or older, is placed outside 20 the State of Illinois, an explanation of risk of adverse 21 action, an explanation of the adverse action and the 22 efforts made by the Department to meet its obligations 23 under Section 7.30 of the Children and Family Services 24 Act, stated in a manner consistent with Department policy 25 regarding documentation of sensitive identity information 26 as that term is defined in the Children and Family HB4966 Enrolled- 113 -LRB104 20048 KTG 33499 b 1 Services Act; 2 (C-2) an explanation of the minor's preferences 3 regarding placement; and 4 (D) detail regarding what progress or lack of progress 5 the parent has made in correcting the conditions requiring 6 the minor child to be in care; whether the minor child can 7 be returned home without jeopardizing the minor's child's 8 health, safety, and welfare, what permanency goal is 9 recommended to be in the best interests of the minor 10 child, and the reasons for the recommendation. If a 11 permanency goal under paragraph (A), (B), or (B-1) of 12 subsection (2.3) have been deemed inappropriate and not in 13 the minor's best interest, the report must include the 14 following information: 15 (i) confirmation that the caseworker has discussed 16 the permanency options and subsidies available for 17 guardianship and adoption with the minor's caregivers, 18 the minor's parents, as appropriate, and has discussed 19 the available permanency options with the minor in an 20 age-appropriate manner; 21 (ii) confirmation that the caseworker has 22 discussed with the minor's caregivers, the minor's 23 parents, as appropriate, and the minor as 24 age-appropriate, the distinctions between guardianship 25 and adoption, including, but not limited to, that 26 guardianship does not require termination of the HB4966 Enrolled- 114 -LRB104 20048 KTG 33499 b 1 parent's rights or the consent of the parent; 2 (iii) a description of the stated preferences and 3 concerns, if any, the minor, the parent as 4 appropriate, and the caregiver expressed relating to 5 the options of guardianship and adoption, and the 6 reasons for the preferences; 7 (iv) if the minor is not currently in a placement 8 that will provide permanency, identification of all 9 persons presently willing and able to provide 10 permanency to the minor through either guardianship or 11 adoption, and beginning July 1, 2025, if none are 12 available, a description of the efforts made in 13 accordance with Section 2-27.3; and 14 (v) state the recommended permanency goal, why 15 that goal is recommended, and why the other potential 16 goals were not recommended. 17 The caseworker must appear and testify at the permanency 18hearing. If a permanency hearing has not previously been 19scheduled by the court, the moving party shall move for the 20setting of a permanency hearing and the entry of an order 21within the time frames set forth in this subsection. 22 (2.3) At the permanency hearing, the court shall determine 23the permanency goal of the minor child. The court shall set one 24of the following permanency goals: 25 (A) The minor will be returned home by a specific date 26 within 5 months. HB4966 Enrolled- 115 -LRB104 20048 KTG 33499 b 1 (B) The minor will be in short-term care with a 2 continued goal to return home within a period not to 3 exceed one year, where the progress of the parent or 4 parents is substantial giving particular consideration to 5 the age and individual needs of the minor. 6 (B-1) The minor will be in short-term care with a 7 continued goal to return home pending a status hearing. 8 When the court finds that a parent has not made reasonable 9 efforts or reasonable progress to date, the court shall 10 identify what actions the parent and the Department must 11 take in order to justify a finding of reasonable efforts 12 or reasonable progress and shall set a status hearing to 13 be held not earlier than 9 months from the date of 14 adjudication nor later than 11 months from the date of 15 adjudication during which the parent's progress will again 16 be reviewed. 17 If the court has determined that goals (A), (B), and 18 (B-1) are not appropriate and not in the minor's best 19 interest, the court may select one of the following goals: 20 (C), (D), (E), (F), (G), or (H) for the minor as 21 appropriate and based on the best interests of the minor. 22 The court shall determine the appropriate goal for the 23 minor based on best interest factors and any 24 considerations outlined in that goal. 25 (C) The guardianship of the minor shall be transferred 26 to an individual or couple on a permanent basis. Prior to HB4966 Enrolled- 116 -LRB104 20048 KTG 33499 b 1 changing the goal to guardianship, the court shall 2 consider the following: 3 (i) whether the agency has discussed adoption and 4 guardianship with the caregiver and what preference, 5 if any, the caregiver has as to the permanency goal; 6 (ii) whether the agency has discussed adoption and 7 guardianship with the minor, as age-appropriate, and 8 what preference, if any, the minor has as to the 9 permanency goal; 10 (iii) whether the minor is of sufficient age to 11 remember the minor's parents and if the minor child 12 values this familial identity; 13 (iv) whether the minor is placed with a relative, 14 and beginning July 1, 2025, whether the minor is 15 placed in a relative home as defined in Section 4d of 16 the Children and Family Services Act or in a certified 17 relative caregiver home as defined in Section 2.36 of 18 the Child Care Act of 1969; and 19 (v) whether the parent or parents have been 20 informed about guardianship and adoption, and, if 21 appropriate, what preferences, if any, the parent or 22 parents have as to the permanency goal. 23 (D) The minor will be in substitute care pending court 24 determination on termination of parental rights. Prior to 25 changing the goal to substitute care pending court 26 determination on termination of parental rights, the court HB4966 Enrolled- 117 -LRB104 20048 KTG 33499 b 1 shall consider the following: 2 (i) whether the agency has discussed adoption and 3 guardianship with the caregiver and what preference, 4 if any, the caregiver has as to the permanency goal; 5 (ii) whether the agency has discussed adoption and 6 guardianship with the minor, as age-appropriate, and 7 what preference, if any, the minor has as to the 8 permanency goal; 9 (iii) whether the minor is of sufficient age to 10 remember the minor's parents and if the minor child 11 values this familial identity; 12 (iv) whether the minor is placed with a relative, 13 and beginning July 1, 2025, whether the minor is 14 placed in a relative home as defined in Section 4d of 15 the Children and Family Services Act, in a certified 16 relative caregiver home as defined in Section 2.36 of 17 the Child Care Act of 1969; 18 (v) whether the minor is already placed in a 19 pre-adoptive home, and if not, whether such a home has 20 been identified; and 21 (vi) whether the parent or parents have been 22 informed about guardianship and adoption, and, if 23 appropriate, what preferences, if any, the parent or 24 parents have as to the permanency goal. 25 (E) Adoption, provided that parental rights have been 26 terminated or relinquished. HB4966 Enrolled- 118 -LRB104 20048 KTG 33499 b 1 (F) Provided that permanency goals (A) through (E) 2 have been deemed inappropriate and not in the minor's best 3 interests, the minor over age 15 will be in substitute 4 care pending independence. In selecting this permanency 5 goal, the Department of Children and Family Services may 6 provide services to enable reunification and to strengthen 7 the minor's connections with family, fictive kin, and 8 other responsible adults, provided the services are in the 9 minor's best interest. The services shall be documented in 10 the service plan. 11 (G) The minor will be in substitute care because the 12 minor cannot be provided for in a home environment due to 13 developmental disabilities or mental illness or because 14 the minor is a danger to self or others, provided that 15 goals (A) through (E) have been deemed inappropriate and 16 not in the minor's child's best interests. 17 In selecting any permanency goal, the court shall 18 indicate in writing the reasons the goal was selected and 19 why the preceding goals were deemed inappropriate and not 20 in the minor's child's best interest. Where the court has 21 selected a permanency goal other than (A), (B), or (B-1), 22 the Department of Children and Family Services shall not 23 provide further reunification services, except as provided 24 in paragraph (F) of this subsection (2.3), but shall 25 provide services consistent with the goal selected. 26 (H) Notwithstanding any other provision in this HB4966 Enrolled- 119 -LRB104 20048 KTG 33499 b 1 Section, the court may select the goal of continuing 2 foster care as a permanency goal if: 3 (1) The Department of Children and Family Services 4 has custody and guardianship of the minor; 5 (2) The court has deemed all other permanency 6 goals inappropriate based on the minor's child's best 7 interest; 8 (3) The court has found compelling reasons, based 9 on written documentation reviewed by the court, to 10 place the minor in continuing foster care. Compelling 11 reasons include: 12 (a) the minor child does not wish to be 13 adopted or to be placed in the guardianship of the 14 minor's relative, certified relative caregiver, or 15 foster care placement; 16 (b) the minor child exhibits an extreme level 17 of need such that the removal of the minor child 18 from the minor's placement would be detrimental to 19 the minor child; or 20 (c) the minor child who is the subject of the 21 permanency hearing has existing close and strong 22 bonds with a sibling, and achievement of another 23 permanency goal would substantially interfere with 24 the subject minor's child's sibling relationship, 25 taking into consideration the nature and extent of 26 the relationship, and whether ongoing contact is HB4966 Enrolled- 120 -LRB104 20048 KTG 33499 b 1 in the subject minor's child's best interest, 2 including long-term emotional interest, as 3 compared with the legal and emotional benefit of 4 permanence; 5 (4) The minor child has lived with the relative, 6 certified relative caregiver, or foster parent for at 7 least one year; and 8 (5) The relative, certified relative caregiver, or 9 foster parent currently caring for the minor child is 10 willing and capable of providing the minor child with 11 a stable and permanent environment. 12 (2.4) The court shall set a permanency goal that is in the 13best interest of the minor child. In determining that goal, 14the court shall consult with the minor in an age-appropriate 15manner regarding the proposed permanency or transition plan 16for the minor. The court's determination shall include the 17following factors: 18 (A) Age of the minor child. 19 (B) Options available for permanence, including both 20 out-of-state and in-state placement options. 21 (C) Current placement of the minor child and the 22 intent of the family regarding subsidized guardianship and 23 adoption. 24 (D) Emotional, physical, and mental status or 25 condition of the minor child. 26 (E) Types of services previously offered and whether HB4966 Enrolled- 121 -LRB104 20048 KTG 33499 b 1 or not the services were successful and, if not 2 successful, the reasons the services failed. 3 (F) Availability of services currently needed and 4 whether the services exist. 5 (G) Status of siblings of the minor. 6 (H) If the minor is not currently in a placement 7 likely to achieve permanency, whether there is an 8 identified and willing potential permanent caregiver for 9 the minor, and if so, that potential permanent caregiver's 10 intent regarding guardianship and adoption. 11 The court shall consider (i) the permanency goal contained 12in the service plan, (ii) the appropriateness of the services 13contained in the plan and whether those services have been 14provided, (iii) whether reasonable efforts have been made by 15all the parties to the service plan to achieve the goal, and 16(iv) whether the plan and goal have been achieved. All 17evidence relevant to determining these questions, including 18oral and written reports, may be admitted and may be relied on 19to the extent of their probative value. 20 The court shall make findings as to whether, in violation 21of Section 8.2 of the Abused and Neglected Child Reporting 22Act, any portion of the service plan compels a minor child or 23parent to engage in any activity or refrain from any activity 24that is not reasonably related to remedying a condition or 25conditions that gave rise or which could give rise to any 26finding of child abuse or neglect. The services contained in HB4966 Enrolled- 122 -LRB104 20048 KTG 33499 b 1the service plan shall include services reasonably related to 2remedy the conditions that gave rise to removal of the minor 3child from the home of the minor's child's parents, guardian, 4or legal custodian or that the court has found must be remedied 5prior to returning the minor child home. Any tasks the court 6requires of the parents, guardian, or legal custodian or minor 7child prior to returning the minor child home must be 8reasonably related to remedying a condition or conditions that 9gave rise to or which could give rise to any finding of child 10abuse or neglect. 11 If the permanency goal is to return home, the court shall 12make findings that identify any problems that are causing 13continued placement of the minors children away from the home 14and identify what outcomes would be considered a resolution to 15these problems. The court shall explain to the parents that 16these findings are based on the information that the court has 17at that time and may be revised, should additional evidence be 18presented to the court. 19 The court shall review the Sibling Contact Support Plan 20developed or modified under subsection (f) of Section 7.4 of 21the Children and Family Services Act, if applicable. If the 22Department has not convened a meeting to develop or modify a 23Sibling Contact Support Plan, or if the court finds that the 24existing Plan is not in the minor's child's best interest, the 25court may enter an order requiring the Department to develop, 26modify, or implement a Sibling Contact Support Plan, or order HB4966 Enrolled- 123 -LRB104 20048 KTG 33499 b 1mediation. 2 The court shall review the Department's efforts to provide 3the minor with age and developmentally appropriate life 4skills. If the court finds the Department's efforts are not in 5the minor's best interest, the court may enter an order 6requiring the Department to develop, modify, or implement the 7service plan to develop the minor's life skills in an age and 8developmentally appropriate manner. 9 The Beginning July 1, 2025, the court shall review the 10Ongoing Family Finding and Relative Engagement Plan required 11under Section 2-27.3. If the court finds that the plan is not 12in the minor's best interest, the court shall enter specific 13factual findings and order the Department to modify the plan 14consistent with the court's findings. 15 If the goal has been achieved, the court shall enter 16orders that are necessary to conform the minor's legal custody 17and status to those findings. 18 If, after receiving evidence, the court determines that 19the services contained in the plan are not reasonably 20calculated to facilitate achievement of the permanency goal, 21the court shall put in writing the factual basis supporting 22the determination and enter specific findings based on the 23evidence. The court also shall enter an order for the 24Department to develop and implement a new service plan or to 25implement changes to the current service plan consistent with 26the court's findings. The new service plan shall be filed with HB4966 Enrolled- 124 -LRB104 20048 KTG 33499 b 1the court and served on all parties within 45 days of the date 2of the order. The court shall continue the matter until the new 3service plan is filed. Except as authorized by subsection 4(2.5) of this Section and as otherwise specifically authorized 5by law, the court is not empowered under this Section to order 6specific placements, specific services, or specific service 7providers to be included in the service plan. 8 A guardian or custodian appointed by the court pursuant to 9this Act shall file updated case plans with the court every 6 10months. 11 Rights of wards of the court under this Act are 12enforceable against any public agency by complaints for relief 13by mandamus filed in any proceedings brought under this Act. 14 (2.5) If, after reviewing the evidence, including evidence 15from the Department, the court determines that the minor's 16current or planned placement is not necessary or appropriate 17to facilitate achievement of the permanency goal, the court 18shall put in writing the factual basis supporting its 19determination and enter specific findings based on the 20evidence. If the court finds that the minor's current or 21planned placement is not necessary or appropriate, the court 22may enter an order directing the Department to implement a 23recommendation by the minor's treating clinician or a 24clinician contracted by the Department to evaluate the minor 25or a recommendation made by the Department. If the Department 26places a minor in a placement under an order entered under this HB4966 Enrolled- 125 -LRB104 20048 KTG 33499 b 1subsection (2.5), the Department has the authority to remove 2the minor from that placement when a change in circumstances 3necessitates the removal to protect the minor's health, 4safety, and best interest. If the Department determines 5removal is necessary, the Department shall notify the parties 6of the planned placement change in writing no later than 10 7days prior to the implementation of its determination unless 8remaining in the placement poses an imminent risk of harm to 9the minor, in which case the Department shall notify the 10parties of the placement change in writing immediately 11following the implementation of its decision. The Department 12shall notify others of the decision to change the minor's 13placement as required by Department rule. 14 (3) Following the permanency hearing, the court shall 15enter a written order that includes the determinations 16required under subsections (2) and (2.3) of this Section and 17sets forth the following: 18 (a) The future status of the minor, including the 19 permanency goal, and any order necessary to conform the 20 minor's legal custody and status to such determination; or 21 (b) If the permanency goal of the minor cannot be 22 achieved immediately, the specific reasons for continuing 23 the minor in the care of the Department of Children and 24 Family Services or other agency for short-term placement, 25 and the following determinations: 26 (i) (Blank). HB4966 Enrolled- 126 -LRB104 20048 KTG 33499 b 1 (ii) Whether the services required by the court 2 and by any service plan prepared within the prior 6 3 months have been provided and (A) if so, whether the 4 services were reasonably calculated to facilitate the 5 achievement of the permanency goal or (B) if not 6 provided, why the services were not provided. 7 (iii) Whether the minor's current or planned 8 placement is necessary, and appropriate to the plan 9 and goal, recognizing the right of minors to the least 10 restrictive (most family-like) setting available and 11 in close proximity to the parents' home consistent 12 with the health, safety, best interest, and special 13 needs of the minor and, if the minor is placed 14 out-of-state, whether the out-of-state placement 15 continues to be appropriate and consistent with the 16 health, safety, and best interest of the minor with 17 Department compliance with the obligations of Section 18 7.30 of the Children and Family Services Act, if such 19 circumstances are applicable. 20 (iv) (Blank). 21 (v) (Blank). 22 If the court sets a permanency goal of independence or if 23the minor is 17 years of age or older, the court shall schedule 24a Successful Transition to Adulthood Review hearing in 25accordance with Section 2-28.2. 26 (4) The minor or any person interested in the minor may HB4966 Enrolled- 127 -LRB104 20048 KTG 33499 b 1apply to the court for a change in custody of the minor and the 2appointment of a new custodian or guardian of the person or for 3the restoration of the minor to the custody of the minor's 4parents or former guardian or custodian. 5 When return home is not selected as the permanency goal: 6 (a) The Department, the minor, or the current foster 7 parent or relative caregiver seeking private guardianship 8 may file a motion for private guardianship of the minor. 9 Appointment of a guardian under this Section requires 10 approval of the court. 11 (b) The State's Attorney may file a motion to 12 terminate parental rights of any parent who has failed to 13 make reasonable efforts to correct the conditions which 14 led to the removal of the minor child or reasonable 15 progress toward the return of the minor child, as defined 16 in subdivision (D)(m) of Section 1 of the Adoption Act or 17 for whom any other unfitness ground for terminating 18 parental rights as defined in subdivision (D) of Section 1 19 of the Adoption Act exists. 20 When parental rights have been terminated for a 21 minimum of 3 years and the minor child who is the subject 22 of the permanency hearing is 13 years old or older and is 23 not currently placed in a placement likely to achieve 24 permanency, the Department of Children and Family Services 25 shall make reasonable efforts to locate parents whose 26 rights have been terminated, except when the Court HB4966 Enrolled- 128 -LRB104 20048 KTG 33499 b 1 determines that those efforts would be futile or 2 inconsistent with the subject minor's child's best 3 interests. The Department of Children and Family Services 4 shall assess the appropriateness of the parent whose 5 rights have been terminated, and shall, as appropriate, 6 foster and support connections between the parent whose 7 rights have been terminated and the youth. The Department 8 of Children and Family Services shall document its 9 determinations and efforts to foster connections in the 10 minor's child's case plan. 11 Custody of the minor shall not be restored to any parent, 12guardian, or legal custodian in any case in which the minor is 13found to be neglected or abused under Section 2-3 or dependent 14under Section 2-4 of this Act, unless the minor can be cared 15for at home without endangering the minor's health or safety 16and it is in the best interest of the minor, and if such 17neglect, abuse, or dependency is found by the court under 18paragraph (1) of Section 2-21 of this Act to have come about 19due to the acts or omissions or both of such parent, guardian, 20or legal custodian, until such time as an investigation is 21made as provided in paragraph (5) and a hearing is held on the 22issue of the health, safety, and best interest of the minor and 23the fitness of such parent, guardian, or legal custodian to 24care for the minor and the court enters an order that such 25parent, guardian, or legal custodian is fit to care for the 26minor. If a motion is filed to modify or vacate a private HB4966 Enrolled- 129 -LRB104 20048 KTG 33499 b 1guardianship order and return the minor child to a parent, 2guardian, or legal custodian, the court may order the 3Department of Children and Family Services to assess the 4minor's current and proposed living arrangements and to 5provide ongoing monitoring of the health, safety, and best 6interest of the minor during the pendency of the motion to 7assist the court in making that determination. In the event 8that the minor has attained 18 years of age and the guardian or 9custodian petitions the court for an order terminating the 10minor's guardianship or custody, guardianship or custody shall 11terminate automatically 30 days after the receipt of the 12petition unless the court orders otherwise. No legal custodian 13or guardian of the person may be removed without the legal 14custodian's or guardian's consent until given notice and an 15opportunity to be heard by the court. 16 When the court orders a minor child restored to the 17custody of the parent or parents, the court shall order the 18parent or parents to cooperate with the Department of Children 19and Family Services and comply with the terms of an aftercare 20after-care plan, or risk the loss of custody of the minor child 21and possible termination of their parental rights. The court 22may also enter an order of protective supervision in 23accordance with Section 2-24. 24 If the minor is being restored to the custody of a parent, 25legal custodian, or guardian who lives outside of Illinois, 26and an Interstate Compact has been requested and refused, the HB4966 Enrolled- 130 -LRB104 20048 KTG 33499 b 1court may order the Department of Children and Family Services 2to arrange for an assessment of the minor's proposed living 3arrangement and for ongoing monitoring of the health, safety, 4and best interest of the minor and compliance with any order of 5protective supervision entered in accordance with Section 62-24. 7 (5) Whenever a parent, guardian, or legal custodian files 8a motion for restoration of custody of the minor, and the minor 9was adjudicated neglected, abused, or dependent as a result of 10physical abuse, the court shall cause to be made an 11investigation as to whether the movant has ever been charged 12with or convicted of any criminal offense which would indicate 13the likelihood of any further physical abuse to the minor. 14Evidence of such criminal convictions shall be taken into 15account in determining whether the minor can be cared for at 16home without endangering the minor's health or safety and 17fitness of the parent, guardian, or legal custodian. 18 (a) Any agency of this State or any subdivision 19 thereof shall cooperate with the agent of the court in 20 providing any information sought in the investigation. 21 (b) The information derived from the investigation and 22 any conclusions or recommendations derived from the 23 information shall be provided to the parent, guardian, or 24 legal custodian seeking restoration of custody prior to 25 the hearing on fitness and the movant shall have an 26 opportunity at the hearing to refute the information or HB4966 Enrolled- 131 -LRB104 20048 KTG 33499 b 1 contest its significance. 2 (c) All information obtained from any investigation 3 shall be confidential as provided in Section 5-150 of this 4 Act. 5 (6) The changes made to this Section by this amendatory 6Act of the 104th General Assembly apply on and after January 1, 72028. 8(Source: P.A. 103-22, eff. 8-8-23; 103-154, eff. 6-30-23; 9103-171, eff. 1-1-24; 103-605, eff. 7-1-24; 103-1061, eff. 102-5-25; 104-2, eff. 6-16-25; 104-107, eff. 7-1-26; revised 118-20-25.) 12 (705 ILCS 405/5-745) 13 (Text of Section before amendment by P.A. 104-107) 14 Sec. 5-745. Court review. 15 (1) The court may require any legal custodian or guardian 16of the person appointed under this Act, including the 17Department of Juvenile Justice for youth committed under 18Section 5-750 of this Act, to report periodically to the court 19or may cite the legal custodian or guardian into court and 20require the legal custodian or guardian, or the legal 21custodian's or guardian's agency, to make a full and accurate 22report of the doings of the legal custodian, guardian, or 23agency on behalf of the minor, including efforts to secure 24post-release placement of the youth after release from the 25Department's facilities. The legal custodian or guardian, HB4966 Enrolled- 132 -LRB104 20048 KTG 33499 b 1within 10 days after the citation, shall make the report, 2either in writing verified by affidavit or orally under oath 3in open court, or otherwise as the court directs. Upon the 4hearing of the report, the court may remove the legal 5custodian or guardian and appoint another in the legal 6custodian's or guardian's stead or restore the minor to the 7custody of the minor's parents or former guardian or legal 8custodian. 9 (2) If the Department of Children and Family Services is 10appointed legal custodian or guardian of a minor under Section 115-740 of this Act, the Department of Children and Family 12Services shall file updated case plans with the court every 6 13months. Every agency which has guardianship of a child shall 14file a supplemental petition for court review, or review by an 15administrative body appointed or approved by the court and 16further order within 18 months of the sentencing order and 17each 18 months thereafter. The petition shall state facts 18relative to the child's present condition of physical, mental, 19and emotional health as well as facts relative to the minor's 20present custodial or foster care. The petition shall be set 21for hearing and the clerk shall mail 10 days' days notice of 22the hearing by certified mail, return receipt requested, to 23the person or agency having the physical custody of the child, 24the minor and other interested parties unless a written waiver 25of notice is filed with the petition. 26 If the minor is in the custody of the Illinois Department HB4966 Enrolled- 133 -LRB104 20048 KTG 33499 b 1of Children and Family Services, pursuant to an order entered 2under this Article, the court shall conduct permanency 3hearings as set out in subsections (1), (1.3), (1.5), (1.6), 4(2), (2.3), (2.4), (2.5), and (3) of Section 2-28 of Article II 5of this Act. 6 Rights of wards of the court under this Act are 7enforceable against any public agency by complaints for relief 8by mandamus filed in any proceedings brought under this Act. 9 (3) The minor or any person interested in the minor may 10apply to the court for a change in custody of the minor and the 11appointment of a new custodian or guardian of the person or for 12the restoration of the minor to the custody of the minor's 13parents or former guardian or custodian. In the event that the 14minor has attained 18 years of age and the guardian or 15custodian petitions the court for an order terminating the 16minor's guardianship or custody, guardianship or legal custody 17shall terminate automatically 30 days after the receipt of the 18petition unless the court orders otherwise. No legal custodian 19or guardian of the person may be removed without the legal 20custodian's or guardian's consent until given notice and an 21opportunity to be heard by the court. 22 (4) If the minor is committed to the Department of 23Juvenile Justice under Section 5-750 of this Act, the 24Department shall notify the court in writing of the occurrence 25of any of the following: 26 (a) a critical incident involving a youth committed to HB4966 Enrolled- 134 -LRB104 20048 KTG 33499 b 1 the Department; as used in this paragraph (a), "critical 2 incident" means any incident that involves a serious risk 3 to the life, health, or well-being of the youth and 4 includes, but is not limited to, an accident or suicide 5 attempt resulting in serious bodily harm or 6 hospitalization, psychiatric hospitalization, alleged or 7 suspected abuse, or escape or attempted escape from 8 custody, filed within 10 days of the occurrence; 9 (b) a youth who has been released by the Prisoner 10 Review Board but remains in a Department facility solely 11 because the youth does not have an approved aftercare 12 release host site, filed within 10 days of the occurrence; 13 (c) a youth, except a youth who has been adjudicated a 14 habitual or violent juvenile offender under Section 5-815 15 or 5-820 of this Act or committed for first degree murder, 16 who has been held in a Department facility for over one 17 consecutive year; or 18 (d) if a report has been filed under paragraph (c) of 19 this subsection, a supplemental report shall be filed 20 every 6 months thereafter. 21The notification required by this subsection (4) shall contain 22a brief description of the incident or situation and a summary 23of the youth's current physical, mental, and emotional health 24and the actions the Department took in response to the 25incident or to identify an aftercare release host site, as 26applicable. Upon receipt of the notification, the court may HB4966 Enrolled- 135 -LRB104 20048 KTG 33499 b 1require the Department to make a full report under subsection 2(1) of this Section. 3 (5) With respect to any report required to be filed with 4the court under this Section, the Independent Juvenile 5Ombudsperson shall provide a copy to the minor's court 6appointed guardian ad litem, if the Department has received 7written notice of the appointment, and to the minor's 8attorney, if the Department has received written notice of 9representation from the attorney. If the Department has a 10record that a guardian has been appointed for the minor and a 11record of the last known address of the minor's court 12appointed guardian, the Independent Juvenile Ombudsperson 13shall send a notice to the guardian that the report is 14available and will be provided by the Independent Juvenile 15Ombudsperson upon request. If the Department has no record 16regarding the appointment of a guardian for the minor, and the 17Department's records include the last known addresses of the 18minor's parents, the Independent Juvenile Ombudsperson shall 19send a notice to the parents that the report is available and 20will be provided by the Independent Juvenile Ombudsperson upon 21request. 22 (6) The changes made to this Section by this amendatory 23Act of the 104th General Assembly apply on and after January 1, 242028. 25(Source: P.A. 103-22, eff. 8-8-23; 103-1061, eff. 2-5-25; 26104-66, eff. 1-1-26; revised 11-21-25.) HB4966 Enrolled- 136 -LRB104 20048 KTG 33499 b 1 (Text of Section after amendment by P.A. 104-107) 2 Sec. 5-745. Court review. 3 (1) The court may require any legal custodian or guardian 4of the person appointed under this Act, including the 5Department of Juvenile Justice for youth committed under 6Section 5-750 of this Act, to report periodically to the court 7or may cite the legal custodian or guardian into court and 8require the legal custodian or guardian, or the legal 9custodian's or guardian's agency, to make a full and accurate 10report of the doings of the legal custodian, guardian, or 11agency on behalf of the minor, including efforts to secure 12post-release placement of the youth after release from the 13Department's facilities. The legal custodian or guardian, 14within 10 days after the citation, shall make the report, 15either in writing verified by affidavit or orally under oath 16in open court, or otherwise as the court directs. Upon the 17hearing of the report, the court may remove the legal 18custodian or guardian and appoint another in the legal 19custodian's or guardian's stead or restore the minor to the 20custody of the minor's parents or former guardian or legal 21custodian. 22 (2) If the Department of Children and Family Services is 23appointed legal custodian or guardian of a minor under Section 245-740 of this Act, the Department of Children and Family 25Services shall file updated case plans with the court every 6 HB4966 Enrolled- 137 -LRB104 20048 KTG 33499 b 1months. Every agency which has guardianship of a child shall 2file a supplemental petition for court review, or review by an 3administrative body appointed or approved by the court and 4further order within 18 months of the sentencing order and 5each 18 months thereafter. The petition shall state facts 6relative to the child's present condition of physical, mental, 7and emotional health as well as facts relative to the minor's 8present custodial or foster care. The petition shall be set 9for hearing and the clerk shall mail 10 days' days notice of 10the hearing by certified mail, return receipt requested, to 11the person or agency having the physical custody of the child, 12the minor and other interested parties unless a written waiver 13of notice is filed with the petition. 14 If the minor is in the custody of the Illinois Department 15of Children and Family Services, pursuant to an order entered 16under this Article, the court shall conduct permanency 17hearings as set out in subsections (1), (1.3), (1.5), (1.6), 18(2), (2.3), (2.4), (2.5), and (3) of Section 2-28 of Article II 19of this Act and Successful Transition to Adulthood Review 20hearings as set out in Section 2-28.2 of Article II of this 21Act. 22 Rights of wards of the court under this Act are 23enforceable against any public agency by complaints for relief 24by mandamus filed in any proceedings brought under this Act. 25 (3) The minor or any person interested in the minor may 26apply to the court for a change in custody of the minor and the HB4966 Enrolled- 138 -LRB104 20048 KTG 33499 b 1appointment of a new custodian or guardian of the person or for 2the restoration of the minor to the custody of the minor's 3parents or former guardian or custodian. In the event that the 4minor has attained 18 years of age and the guardian or 5custodian petitions the court for an order terminating the 6minor's guardianship or custody, guardianship or legal custody 7shall terminate automatically 30 days after the receipt of the 8petition unless the court orders otherwise. No legal custodian 9or guardian of the person may be removed without the legal 10custodian's or guardian's consent until given notice and an 11opportunity to be heard by the court. 12 (4) If the minor is committed to the Department of 13Juvenile Justice under Section 5-750 of this Act, the 14Department shall notify the court in writing of the occurrence 15of any of the following: 16 (a) a critical incident involving a youth committed to 17 the Department; as used in this paragraph (a), "critical 18 incident" means any incident that involves a serious risk 19 to the life, health, or well-being of the youth and 20 includes, but is not limited to, an accident or suicide 21 attempt resulting in serious bodily harm or 22 hospitalization, psychiatric hospitalization, alleged or 23 suspected abuse, or escape or attempted escape from 24 custody, filed within 10 days of the occurrence; 25 (b) a youth who has been released by the Prisoner 26 Review Board but remains in a Department facility solely HB4966 Enrolled- 139 -LRB104 20048 KTG 33499 b 1 because the youth does not have an approved aftercare 2 release host site, filed within 10 days of the occurrence; 3 (c) a youth, except a youth who has been adjudicated a 4 habitual or violent juvenile offender under Section 5-815 5 or 5-820 of this Act or committed for first degree murder, 6 who has been held in a Department facility for over one 7 consecutive year; or 8 (d) if a report has been filed under paragraph (c) of 9 this subsection, a supplemental report shall be filed 10 every 6 months thereafter. 11The notification required by this subsection (4) shall contain 12a brief description of the incident or situation and a summary 13of the youth's current physical, mental, and emotional health 14and the actions the Department took in response to the 15incident or to identify an aftercare release host site, as 16applicable. Upon receipt of the notification, the court may 17require the Department to make a full report under subsection 18(1) of this Section. 19 (5) With respect to any report required to be filed with 20the court under this Section, the Independent Juvenile 21Ombudsperson shall provide a copy to the minor's court 22appointed guardian ad litem, if the Department has received 23written notice of the appointment, and to the minor's 24attorney, if the Department has received written notice of 25representation from the attorney. If the Department has a 26record that a guardian has been appointed for the minor and a HB4966 Enrolled- 140 -LRB104 20048 KTG 33499 b 1record of the last known address of the minor's court 2appointed guardian, the Independent Juvenile Ombudsperson 3shall send a notice to the guardian that the report is 4available and will be provided by the Independent Juvenile 5Ombudsperson upon request. If the Department has no record 6regarding the appointment of a guardian for the minor, and the 7Department's records include the last known addresses of the 8minor's parents, the Independent Juvenile Ombudsperson shall 9send a notice to the parents that the report is available and 10will be provided by the Independent Juvenile Ombudsperson upon 11request. 12 (6) The changes made to this Section by this amendatory 13Act of the 104th General Assembly apply on and after January 1, 142028. 15(Source: P.A. 103-22, eff. 8-8-23; 103-1061, eff. 2-5-25; 16104-66, eff. 1-1-26; 104-107, eff. 7-1-26; revised 11-21-25.) 17 Section 95. No acceleration or delay. Where this Act makes 18changes in a statute that is represented in this Act by text 19that is not yet or no longer in effect (for example, a Section 20represented by multiple versions), the use of that text does 21not accelerate or delay the taking effect of (i) the changes 22made by this Act or (ii) provisions derived from any other 23Public Act. 24 Section 97. Severability. The provisions of this Act are HB4966 Enrolled- 141 -LRB104 20048 KTG 33499 b 1severable under Section 1.31 of the Statute on Statutes. 2 Section 99. Effective date. This Act takes effect upon 3becoming law.