HB 4781

Abstract

Provides that the amendatory Act may be referred to as the Kinship in Demand (KIND) Act. Provides that the KIND Act creates the statutory vision and authority for the Department of Children and Family Services to execute a kin-first approach to service delivery and directs the juvenile courts to provide necessary oversight of the Department's obligations to maintain family connections and promote equitable opportunities for youth and families to thrive with relational permanence. Amends the Children and Family Services Act. Contains provisions concerning Department rules on relative, kinship, and licensed foster care; grants to subsidized guardians of hard-to-place children; a requirement on the Department to make reasonable efforts to place a child with a relative; documentation of the Department's reasons for failing to secure a relative placement; foster care maintenance payments for relatives who qualify for certification as a kinship caregiver home; subsidized guardianship support services for children and their guardians; certification and background checks on relative caregivers; annual reports regarding relative and kinship care placements; performance audits; and other matters. Amends the Child Care Act of 1969. Requires the Department to adopt standards for certifying kinship caregiver family homes that are different from licensing standards used for non-relative foster family homes. Contains provisions concerning background screenings of prospective kinship caregivers; a requirement that the Department assist relatives and prospective kinship caregivers with completing the steps required for approval as a kinship caregiver home; orientation activities for prospective kinship caregivers; Guardianship Assistance Program payments and services for relative caregivers; and other matters. Amends the Juvenile Court Act of 1987. Makes changes to provisions concerning "best interest" determinations; emergency placement of a minor with a willing relative pending a temporary custody hearing; court assessments on the Department's effort to place a minor with a relative; court ordered family-finding efforts; required notification to a minor's located relatives that the minor has been removed from the custody of the minor's parents; and other matters. Effective immediately. House Committee Amendment No. 2 Deletes reference to: 20 ILCS 505/50 new 225 ILCS 10/2.35 705 ILCS 405/2-9 Adds reference to: 20 ILCS 505/46 new 225 ILCS 10/2.39 new 225 ILCS 10/2.40 new 705 ILCS 405/2-27.3 new 705 ILCS 405/2-28.1 705 ILCS 405/5-745 750 ILCS 50/4.1 from Ch. 40, par. 1506 Replaces everything after the enacting clause. Provides that the amendatory Act may be referred to as the Kinship in Demand (KIND) Act. Provides that the KIND Act creates the statutory vision and authority for the Department of Children and Family Services to execute a kin-first approach to service delivery and directs the juvenile courts to provide necessary oversight of the Department's obligations to maintain family connections and promote equitable opportunities for youth and families to thrive with relational permanence. Amends the Children and Family Services Act. Contains provisions concerning Department rules on relative and licensed foster care; grants to subsidized guardians of hard-to-place children; a requirement on the Department to make diligent efforts to place a child with a relative; documentation of the Department's reasons for failing to secure a relative placement; foster care maintenance payments for relatives who qualify for certification as a relative caregiver home under the Child Care Act of 1969; subsidized guardianship support services for children and their guardians; certification and background checks on persons seeking relative caregiver approval; annual reports regarding relative and certified relative caregiver placements; performance audits; and other matters. Amends the Child Care Act of 1969. Requires the Department to adopt standards for certified relative caregiver family homes that are different from licensing standards used for non-relative foster family homes. Contains provisions concerning background screenings of prospective relative caregiver homes; a requirement that the Department assist prospective certified relative caregivers with completing the steps required for approval as a certified relative caregiver home; orientation activities for certified relative caregivers; and other matters. Amends the Juvenile Court Act of 1987. Makes changes to provisions concerning "best interest" determinations; court assessments on the Department's effort to place a minor with a relative; inquiries by a court on the Department's family finding and relative engagement efforts; required notification to a minor's located relatives that the minor has been removed from the custody of the minor's parents; and other matters. Some provisions take effect immediately, some provisions take effect January 1, 2025 and some provisions take effect July 1, 2025. House Committee Amendment No. 3 Moves to a different location in House Amendment No. 2 a provision requiring the Department of Children and Family Services to make reasonable efforts to identify and locate relatives to serve as visitation resources for the child and potential future placement resources unless excused by the court. House Floor Amendment No. 5 Further amends the Children and Family Services Act. In the definition of "fictive kin", removes language providing that a fictive kin means a person with close ties with the child or the child's family prior to the child's placement with the person. Further amends the Child Care Act of 1969. In provisions concerning standards for certified relative caregiver homes, provides that the Department of Children and Family Services or a licensed child welfare agency (rather than a licensed child welfare agency) shall complete the home safety and needs assessment and assess the ability of the prospective certified relative caregiver to care for the physical, emotional, medical, and educational needs of the specific child or children being placed by the Department. Makes conforming changes.