Public Act 102-0688
 
HB0692 EnrolledLRB102 10773 SPS 16103 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Child Care Act of 1969 is amended  by 
changing Section 2.17 and  by adding Section 3.6 as follows:
 


    (225 ILCS 10/2.17)  (from Ch. 23, par. 2212.17)




    Sec. 2.17. 
"Foster family home" means a facility for child 
care in
residences of families who receive no more than 6 
children unrelated to them,
unless all the children are of 
common parentage, or residences of relatives who
receive no 
more than 6 related children placed by the Department, unless 
the
children are of common parentage, for the purpose of 
providing family care and
training for the children on a 
full-time basis, except the Director of Children
and Family 
Services, pursuant to Department regulations, may waive the 
numerical limitation of foster children who may be cared for 
in a foster family home for any of the following reasons to 
allow:  (1) a parenting youth in foster care to remain with the 
child of the parenting youth; (2) siblings to remain together; 
(3) a child with an established meaningful relationship with 
the family to remain with the family; or (4) a family with 
special training or skills to provide care to a child who has a 
severe disability. The family's or relative's own children,

under 18 years of age, shall be included in determining the

maximum number of children served. For purposes of this 
Section, a "relative"
includes any person, 21 years of age or 
over, other than the parent, who (i) is
currently related to 
the child in any of the following ways by blood or
adoption: 
grandparent, sibling, great-grandparent, uncle, aunt, nephew, 
niece,
first cousin, great-uncle, or great-aunt; or (ii) is 
the spouse of such a
relative; or (iii) is a child's 
step-father, step-mother, or adult step-brother
or 
step-sister; or (iv) is a fictive kin; "relative" also 
includes a person related in any of the
foregoing ways to a 
sibling of a child, even though the person is not related
to 
the child, when the child and its sibling are placed together 
with that
person. For purposes of placement of children 
pursuant to Section 7 of the Children and Family Services Act 
and for purposes of licensing requirements set forth in 
Section 4 of this Act, for children under the custody or 
guardianship of the Department pursuant to the Juvenile Court 
Act of 1987, after a parent signs a consent, surrender, or 
waiver or after a parent's rights are otherwise terminated, 
and while the child remains in the custody or guardianship of 
the Department, the child is considered to be related to those 
to whom the child was related under this Section prior to the 
signing of the consent, surrender, or waiver or the order of 
termination of parental rights. The term "foster family home" 
includes homes receiving children from
any State-operated 
institution for child care; or from any agency established
by 
a municipality or other political subdivision of the State of 
Illinois
authorized to provide care for children outside their 
own homes. The term
"foster family home" does not include an 
"adoption-only home" as defined in
Section 2.23 of this Act.  
The types of
foster family homes are defined as follows:

        (a) "Boarding home" means a foster family home which 
    receives payment
for regular full-time care of a child or 
    children.

        (b) "Free home" means a foster family home other than 
    an adoptive home
which does not receive payments for the 
    care of a child or children.

        (c) "Adoptive home" means a foster family home which 
    receives a child or
children for the purpose of adopting 
    the child or children, but does not include an 
    adoption-only home.

        (d) "Work-wage home" means a foster family home which 
    receives a child
or children who pay part or all of their 
    board by rendering some services
to the family not 
    prohibited by the Child Labor Law or by standards or

    regulations of the Department prescribed under this Act. 
    The child or
children may receive a wage in connection 
    with the services rendered the
foster family.

        (e) "Agency-supervised home" means a foster family 
    home under the direct
and regular supervision of a 
    licensed child welfare agency, of the
Department of 
    Children and Family Services, of a circuit court, or of 
    any
other State agency which has authority to place 
    children in child care
facilities, and which receives no 
    more than 8 children, unless of common
parentage, who are 
    placed and are regularly supervised by one of the

    specified agencies.

        (f) "Independent home" means a foster family home, 
    other than an
adoptive home, which receives no more than 4 
    children, unless of common
parentage, directly from 
    parents, or other legally responsible persons, by

    independent arrangement and which is not subject to direct 
    and regular
supervision of a specified agency except as 
    such supervision pertains to
licensing by the Department.

        (g) "Host home" means an emergency foster family home 
    under the direction and regular supervision of a licensed 
    child welfare agency, contracted to provide short-term 
    crisis intervention services to youth served under the 
    Comprehensive Community-Based Youth Services program, 
    under the direction of the Department of Human Services. 
    The youth shall not be under the custody or guardianship 
    of the Department pursuant to the Juvenile Court Act of 
    1987.
(Source: P.A. 101-63, eff. 7-12-19.)

 
    (225 ILCS 10/3.6 new)
    Sec. 3.6. Licenses for host homes. The Department shall 
develop an appropriate licensing and monitoring system that 
recognizes the unique population and programming for youth 
served by the Comprehensive Community-Based Youth Services 
program. The Department shall maintain licensing staff who are 
knowledgeable of Comprehensive Community-Based Youth Services 
program standards, as set forth by the Department of Human 
Services. The Department of Human Services shall be solely 
responsible for the development and implementation of a 
training curriculum for host homes that recognizes the unique 
population and programming of youth served in Comprehensive 
Community-Based Youth Services. Host homes licensed by the 
Department shall not be utilized for a child who is a youth in 
care as defined in Section 4d of the Children and Family 
Services Act.
 
 
    Section 99. Effective date. This Act takes effect July 1, 
2022.