Section 415.35  Initial Family Finding and Relative Engagement

The Department or contributing agency shall identify, notify, and contact prospective relative caregivers and assess the relative's willingness to be a placement resource or provide other support to the youth in care following the procedures outlined in this Part.

a)         Relatives of both parents shall be identified and contacted.

b)         The placing worker shall ask the parents whether there is a non-custodial parent or if there are relatives who may be positive placement resources or positive supports for the youth in care.

c)         The placing worker shall ask the youth in care, outside the presence of the parents or relatives, in an age-appropriate manner and consistent with the youth's best interest about any parent, alleged parent, and relatives important to the youth, and obtaining information regarding the location of the youth's parents, alleged parents, and adult relatives. [20 ILCS 505/7(b)(1)]

d)         The placing worker shall ask the youth in care, outside the presence of the parents or relatives, about any relatives a parent has named as a placement resource for the youth in care.

e)         The placement worker shall emphasize to prospective relative caregivers it is preferable for children to be placed together in one home. Placement decisions for siblings shall also be made in accordance with 89 Ill. Adm. Code 301.70 (Sibling Placement). When it is not possible to place all the siblings together, the placement worker may consider a placement plan for placement with two or more relatives and the placement worker should ensure that the caregiver is willing and able to be actively involved in supporting the sibling relationship to the extent that doing so is in each child's best interest. The placing worker shall establish a sibling visitation plan if placed separately that meets the minimum standards regarding frequency of in-person visits provided in 89 Ill. Adm. Code 301.220 (Sibling Visitation) and 89 Ill. Adm. Code 301.230 (Contact Among Siblings Placed Apart).

f)         When considering a godparent as a placement resource, the placing worker may identify the relationship by contacting one or both parents to confirm that they did designate the person as the youth in care's godparent. If the parents are unavailable, the placing worker shall contact other close family members to identify the relationship. When the youth in care can understand, the youth in care shall also be asked to help identify their godparent. When family members are not available or cannot confirm this relationship, and formal documentation is not available a person claiming to be the youth in care's godparent may be considered for placement as fictive kin.

g)         When considering fictive kin for placement and certification, the placing worker must determine the fictive kin established a close caring relationship with the youth in care or family prior to placing with and certifying the fictive kin.

h)         The Department or contributing agency shall document the results of the identification of relatives in the case record.

i)          The following individuals shall be contacted through Family Finding as defined in this Part:

1)         non-custodial parents; non-custodial parents shall be contacted to determine whether the youth in care can be placed in the custody of the parent and to identify and locate relatives of the youth in care. However, parents are not entitled to payment as a certified or uncertified relative caregiver;

2)         grandparents;

3)         parents of a sibling of a youth in care, if the parent has legal custody of the sibling;

4)         adult siblings;

5)         godparents;

6)         fictive kin;

7)         other relatives; and

8)         if it is known or there is a reason to believe a youth in care is of Indian descent, any extended family members as defined in Section 4 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1903).

j)          The placing worker shall attempt to locate and interview each person named by the parents or youth in care, within 5 days after case assignment, to determine the relative's interest and ability to be an appropriate placement resource or positive support for the youth in care. In these interviews, the placing worker shall ask if the relative is aware of other relatives of the youth in care who should be contacted. The placing worker shall identify and contact all adult relatives identified by the family, even when an initial placement has been made with a relative caregiver. If the relative cannot be contacted, the placing worker shall document the reason the relative could not be contacted. All interviews shall be documented in a contact note. When contacted by a relative who the placing worker has not already interviewed, the placing worker shall meet with or call the relative. The placing worker shall interview the relative and ask the relative to confirm how the relative is related to the youth in care. If a sibling group is involved, the relative shall be asked how the relative is related to each of the youths in care.

k)         In accordance with Section 471(a)(29) of the Social Security Act, the Department or contributing agency shall make diligent efforts to provide all adult relatives who are located with written notification and oral notification, in person or by telephone, of all the following information:

1)         the minor has been removed from the custody of the minor's parent or guardian; and

2)         an explanation of the various options to participate in the care and placement of the minor and support for the minor's family, including any options that may expire by failing to respond. The notice shall provide information about providing care for the minor while the family receives reunification services with the goal of returning the child to the parent or guardian, how to become a certified relative caregiver home, and additional services and support that are available in substitute care. The notice shall also include information regarding, adoption and subsidized guardianship assistance options, health care coverage for youth in care under the medical assistance program established under Article V of the Illinois Public Aid Code [305 ILCS 5], and other options for contact with the minor, including, but not limited to visitation. Upon establishing the Department's kinship navigator program, the notice shall also include information regarding that benefit. [20 ILCS 505/7(b)(2)]

3)         The notice shall not be sent to a relative for whom there is a known family violence or domestic violence related criminal conviction, indicated finding, or court finding of family or domestic violence. The permanency worker shall obtain a copy of the conviction, indicated finding or court finding and place it in the record.

l)          If the youth in care does not know, trust or feel safe with a person named by the parent or identified as a relative, the placing worker shall not place the youth in care with that person. The placing worker and supervisor shall convene a supervisory staffing to discuss the youth in care's feelings and determine and validate the youth in care's concerns. The supervisor shall make a Critical Decision regarding placement of the youth in care with that relative and document the decision in a supervisory note. The placing worker shall complete and send the Denial and Request for Decision Review letter as outlined in Section 415.45(b)(1)(a) of this Part.

m)        The Department or contributing agency shall complete any remaining family finding and relative engagement efforts required under Section 7 of the Children and Family Services Act [20 ILCS 505] within 30 days of the minor being taken into temporary custody. The Department or contributing agency shall complete new family finding and relative engagement efforts within 30 days of an unknown parent's identity being determined or a parent whose whereabouts were unknown being located. [705 ILCS 405/2-10]"