FOSTER PARENTS INFORMATION RIGHTS -- 89 Ill. Adm Code 340; 32 Ill Reg 8063) IMPLEMENTING Public Act 94-1010.

Recently, the Department of Children and Family Services amended the Foster Parent Code to expand foster and adoptive parents’ rights. The changes reflect amendments to The Children and Family Services Act made by the Illinois legislature in 2004 that became effective in 2006.

The amendments change information sharing requirements of the agency and more specifically describe the format in which the information may be presented. Before the changes, DCFS was required to provide information about a child to the foster parents, group home, institution, or relatives that would be taking care of the child. Now, DCFS is required to provide that information to prospective adoptive parents. Prior to the changes, DCFS was required to provide the caretaker with information about the child including the child’s previous placements, reasons for placement changes, visitation arrangements, health and education history, including immunization records and insurance information. DCFS was also required to inform the caretaker of any background of destructive or criminal behavior or substance abuse. However, the law did not say how the information should be delivered. Now, the law suggests DCFS prepare a written summary for the caretaker. The summary must be reviewed and approved by a supervisor before it is given to the caretaker.

While the written summary is suggested under the law, it is mandatory under DCFS’ amended rules. The rules also require the summary is to be given to the caretaker on placement or prior to placement, if possible. In an emergency, DCFS is directed to advise the caretaker verbally as information becomes available and follow up with the written summary.

Within 10 working days after the placement of a child, DCFS is required to obtain a signed verification that the foster parent or prospective adoptive parents received the information summary. DCFS is also required to forward the summary to the child’s guardian ad litem.

The Foster Parent Code also contains a list of foster parents’ responsibilities. The new rules add to that list. Now, foster parents have a duty to understand and actively participate in all relevant administrative and court processes. They are further charged with knowing and abiding by all deadlines and document filing requirements.

Under The Foster Parent Code, each Department region and each purchase of service agency with a foster home contract is required to create an annual plan for implementing all of the rights and responsibilities of foster parents listed in the regulations. The plan must also create a grievance procedure for addressing foster parent complaints of violations by the Department region or purchase of service agency. Plans are evaluated and scored based on adherence to the rating components listed on Appendix B of the Foster Parent Code. The new rules add a rating component to Appendix B to account for compliance with the new information sharing rules. Component 7.5 adds an additional scoring criteria worth up to 4 points rating how well a plan provides for the training of staff in the new information sharing policies and procedures and how well the plan holds caseworkers accountable for the newly required sharing of information.