Section 306.1  Purpose

 

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

 

Section 306.2  Definitions

 

"Children for whom the Department is legally responsible" means children for whom the Department has temporary protective custody, custody or guardianship via court order, or children whose parent(s) have signed an adoptive surrender or voluntary placement agreement with the Department.

 

"Child case" means that a unique identification number has been assigned for a child for whom the Department is legally responsible.

 

"Family case" means that a unique identification number has been assigned for:

 

a)         the family of a child for whom the Department is legally responsible; or

 

b)        the family for whom the Department is providing services directly or through purchase directed at family preservation and for whom the Department does not have legal responsibility for a child from the family.

 

Section 306.3  Termination of Children's Cases

 

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

 

b)         The Department shall seek to end its legal relationship with children:

 

1)         within 90 calendar days after achieving the written permanency goal of returning the child from an out-of-home placement to his family ("return home"); or

 

2)         when the child's parents are uncooperative with the Department but do meet minimum parenting standards; or

 

3)         within 90 calendar days after a minor has been completely emancipated under the Emancipation of Mature Minors Act (Ill. Rev. Stat. 1979, ch. 40, par. 2201 et seq.); or

 

4)         within 60 calendar days after a child dies; or

 

5)         when a child between 18 and 20 years of age

 

A)        achieves self-sufficiency as specified in the written service plan; or

 

B)        refuses to accept or fulfill his responsibilities as specified in the written service plan; or

 

C)        fails to maintain satisfactory progress in a training/educational program as specified in the written service plan; or

 

D)        will be transferred upon reaching age 21 to another agency's treatment program due to severe mental, emotional or physical disability requiring intense residential care; or

 

6)         when a child has been returned home and the entire family disappears, flees or cannot be located for 3 months; or

 

7)         when a child has been legally adopted and post-adoptive services are not required or needed.

 

Section 306.4  Termination of Family Cases

 

Family cases shall be closed and Department services shall end when:

 

a)         the permanency goal in the written service plan has been achieved, the Department is no longer legally responsible for the child, and the family no longer needs child welfare services; or

 

b)         parental rights have been terminated by adoptive surrender or court order and the Department is not legally responsible for other children in the family and the family cannot use or rejects assistance in coping with the termination of parental rights; or

 

c)         the family moves out-of-state or otherwise cannot be located for 3 months and the Department is not legally responsible for a child in the family; or

 

d)         the family refuses to accept services for 3 consecutive months and the Department is not legally responsible for a child in the family; or

 

e)         another agency assumes responsibility for providing services to the family and the Department is not legally responsible for a child in the family; or

 

f)         an authority outside the Department prohibits the provision of services to the family and the Department is not legally responsible for a child in the family.

 

Section 306.5  Termination of Child Protective Intervention

 

a)         Unless the Department is legally responsible for a child, the Department shall end continued protective involvement with all subjects of a child abuse or neglect report when the investigation is completed and

 

1)         the report is "unfounded"; or

 

2)         the report is "indicated", but the family is uncooperative or refuses assistance and the Juvenile Court does not take jurisdiction; or

 

3)         the report is "indicated", services have been provided or arranged for and the protective need no longer exists; or

 

4)         a maximum of eighteen (18) months has elapsed since the date of the most recent "indicated" report.

 

b)         When child welfare services are needed for reasons other than protective intervention, the Department shall offer continued child welfare services to the child and the family.