Section 316.20 Definitions

Section 316

TITLE 89: SOCIAL SERVICES

CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES

SUBCHAPTER a: SERVICE DELIVERY

PART 316 ADMINISTRATIVE CASE REVIEWS AND COURT HEARINGS

SECTION 316.20 DEFINITIONS

Section 316.20  Definitions

"Abusive

or inappropriate language" for the purposes of this Part, means the use of

harsh, violent, profane, or derogatory remarks intended to demean, humiliate,

mock, insult, or belittle an individual. The remarks can include, but are not

limited to, name calling, or slurs based on an individual's actual or perceived

race, religion, sex, age, disability, national origin, sexual orientation, or

gender identity.

"Administrative

case review" or "ACR" means a review of permanency planning open

to the participation of the parents of the youth in care, conducted by a person

who is not responsible for the case management of, or the delivery of services

to, either the youth in care or the parents who are the subjects of the review.

(See 42 U.S.C. 675(6)). The administrative case review is also open to the

participation of other professionals involved in assessing or treating the youth

in care, any legal representative of the parent or youth in care, and the

foster parents as specified in this Part.

"Administrative

case reviewer" or "Reviewer" means a trained professional who is

not responsible for the case management of, or delivery of services to, either

the youth in care or the parents who are the subjects of the review.

"Caregiver"

for the purposes of this Part, means a foster parent or relative caregiver who

provides care for a youth in care, or a designated official employed by and

present at the licensed childcare facility in which a youth in care is placed.

"Case plan"

means a written plan on a form prescribed by the Department that guides all

participants in the plan toward the permanency goals for children and youth in Department

custody

Part, means a foster parent or relative caregiver who

provides care for a youth in care, or a designated official employed by and

present at the licensed childcare facility in which a youth in care is placed.

"Case plan"

means a written plan on a form prescribed by the Department that guides all

participants in the plan toward the permanency goals for children and youth in Department

custody.

"Child

welfare contributing agency" or "contributing agency" means a

public or private entity that, by contract or agreement with the Department,

which provides placement or child welfare case management (or any combination

of these) to children and families.

"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 parents have signed an adoptive surrender or

voluntary placement agreement with the Department.

"Contact

between siblings" means contact between or among siblings who are residing

apart from one another and may include, but is not limited to: telephone calls;

video conferencing; in person visitation; sending and receiving cards, letters,

emails, text messages, gifts, etc.; sharing photographs or information; use of

any approved social media (e.g., Facebook); and any other agreed upon forms of

communication.

"Culturally

competent haircare" for purposes of the Part means the ability to

understand and provide appropriate haircare for children based on knowledge of

the norms, traditions, and experiences of a child's ethnic background.

""Department"

means the Department of Children and Family Services.

"Family"

means one or more adults and children, related by blood, marriage, civil union,

or adoption and residing in the same household.

"Fictive kin" means a

person who is, unrelated to a child by birth, marriage, tribal custom or

adoption who is shown to have significant and close personal or emotional ties

with the child or the child's family

the Department of Children and Family Services.

"Family"

means one or more adults and children, related by blood, marriage, civil union,

or adoption and residing in the same household.

"Fictive kin" means a

person who is, unrelated to a child by birth, marriage, tribal custom or

adoption who is shown to have significant and close personal or emotional ties

with the child or the child's family.

[20 ILCS 505/4d]

"Haircare"

means all care

and practices

related to the maintenance,

health,

and expression

of hair, including, but not limited to, the daily maintenance

routine, cutting, styling, or dying of hair

as well as culturally specific

practices, products, and techniques that reflect and respect diverse identities

of youth in care as well as promote dignity and self-worth. [20 ILCS 505/7.3b

(b)(1)]

"Normalcy parenting"

means empowering a caregiver to approve or not approve a child's participation

in appropriate extracurricular enrichment, cultural and social activities based

on the caregiver's assessment using the reasonable and prudent parent standard,

without prior approval of the Department, the caseworkers, or the court. The purpose

of normalcy parenting and the reasonable and prudent parent standard is to

allow the child's participation in extracurricular, enrichment, cultural and

social activities that are appropriate for the child's normal growth and

development.  (See 20 ILCS 505/7.3a)

"Parents"

means the child's legal parents, whose rights have not been terminated.

Biological fathers are considered legal parents when paternity has been

established as required by 89 Ill. Adm. Code 315 (Permanency Planning).

"Permanency

goal" means the desired outcome of intervention and service, that is

determined to be consistent with the health, safety, well-being, and best

interests of the child. A permanent legal status is usually a component of the

permanency goal

Biological fathers are considered legal parents when paternity has been

established as required by 89 Ill. Adm. Code 315 (Permanency Planning).

"Permanency

goal" means the desired outcome of intervention and service, that is

determined to be consistent with the health, safety, well-being, and best

interests of the child. A permanent legal status is usually a component of the

permanency goal.

"Permanent

connection" means a family-like relationship, consistent with a child's

best interests, health, safety, and well-being, that provides safe, stable, and

committed parenting; unconditional love and lifelong support; and a permanent

legal status between child and family. For a child for whom the Department is

legally responsible, a permanent connection may be the child's parents or

another caregiver in the child's home of origin. When the child cannot be

safely returned home, a permanent connection may be the current or former

foster parent or relative caregiver, an individual identified as an adoptive or

legal guardianship placement resource, or another individual from among the

child's or family's lifelong connections with whom a child has developed a

familial relationship.

"Qualified Residential

Treatment Program"

or "QRTP"

means a program that

has a trauma-informed treatment model that is designed to

address the needs, including clinical needs as appropriate, of children with

serious emotional or behavioral disorders or disturbances and, with respect to

a child, is able to implement the treatment identified for the child by the

independent assessment of the child required under 42 U.S.C

atment Program"

or "QRTP"

means a program that

has a trauma-informed treatment model that is designed to

address the needs, including clinical needs as appropriate, of children with

serious emotional or behavioral disorders or disturbances and, with respect to

a child, is able to implement the treatment identified for the child by the

independent assessment of the child required under 42 U.S.C. 675a(c);

has

registered or licensed nursing staff and other licensed clinical staff who:

provide

care within the scope of their practice as defined by

state

law;

are on-site

according

to a trauma informed treatment model

; and

are available 24 hours a day and seven days a week;

to

the extent appropriate, and in accordance with the child's best interests,

facilitates participation of family members in the child's treatment program;

facilitates

outreach to the family members of the child, including siblings, documents how

the outreach is made (including contact information), and maintains contact

information for any known biological family and fictive kin of the child;

documents

how family members are integrated into the treatment process for the child,

including post-discharge, and how sibling connections are maintained;

provides

discharge planning and family-based aftercare support for at least six months

post-discharge; and

is

licensed in accordance with

42 U.S.C.

671(a)(10)

and is accredited by any of the following independent, not-for-profit

organizations:

The

Commission on Accreditation of Rehabilitation Facilities (CARF);

The

Joint Commission on Accreditation of Healthcare Organizations (JCAHO);

The Council on Accreditation (COA); and

Any

other independent, not-for-profit accrediting organization approved by the

Secretary of Health and Human Services. (42 U.S.C

d is accredited by any of the following independent, not-for-profit

organizations:

The

Commission on Accreditation of Rehabilitation Facilities (CARF);

The

Joint Commission on Accreditation of Healthcare Organizations (JCAHO);

The Council on Accreditation (COA); and

Any

other independent, not-for-profit accrediting organization approved by the

Secretary of Health and Human Services. (42 U.S.C. 672(k)(1)-(4))

[225 ILCS 10/2.35]

"Reasonable

and prudent parent standard" means the standard, characterized by careful

and sensible parental decisions that maintain the child's health, safety, and

best interests while at the same time supporting the child's emotional and

developmental growth, that a caregiver shall use when determining whether to

allow a child in out-of-home care to participate in extracurricular, enrichment,

cultural, and social activities.

[20 ILCS

505/7.3a(b)]

"Relative"

, for

purposes of placement of children for whom the Department is legally

responsible,

means a person who is:

related to a child by blood,

marriage, tribal custom, adoption, or civil union; or

is

related

to a child's sibling in any of the foregoing ways even though the person is not

related to the child when the child and the child's sibling are placed together

with that person or fictive kin

as defined in this Part

.  For children

who have been in the guardianship of the Department following the termination

of their parents' parental rights, been adopted, or placed in subsidized or

unsubsidized guardianship and are subsequently returned to the temporary

custody or guardianship of the Department, "relative" includes any

person who would have qualified as a relative under this

definition

prior to the termination of the parents' parental rights if the Department

determines and documents, or the court finds that it would be in the child's best

interests to consider this person a relative based upon the factors for

determining best interests set forth in subsection (4.05) of Section 1-3 of the

Juvenile Court Act

person who would have qualified as a relative under this

definition

prior to the termination of the parents' parental rights if the Department

determines and documents, or the court finds that it would be in the child's best

interests to consider this person a relative based upon the factors for

determining best interests set forth in subsection (4.05) of Section 1-3 of the

Juvenile Court Act of 1987.

[20 ILCS 505/4d]

"Siblings" means

children who have at least one parent in common.  Children continue to be

considered siblings after parental rights are terminated, if parental rights

were terminated while a petition under Article II of the Juvenile Court Act of

1987 was pending.  Children continue to be considered siblings after one or

more of the children are adopted or placed in private guardianship if they were

in the custody or guardianship of the Department pursuant to the Juvenile Court

Act of 1987 [705 ILCS 405] immediately prior to the adoption or guardianship.

Step-siblings may be considered "siblings" when the children enter

into substitute care together, have a positive relationship and share at least

one parent in common.

"Substitute care" means

the care of children who require placement away from their families.

Substitute care includes: foster family care; care provided in a relative home

placement (89 Ill. Adm. Code 301.80 (Relative Home Placement)); care provided

in a group home; care provided in a maternity center or a childcare, mental

health or other institution, licensed by the Department and care provided in an

independent living arrangement.

"Visitation"

means face-to-face contact:

between parents and their children

who are in substitute care;

between siblings in substitute

care who are placed apart from one another; or

between siblings in substitute

care with siblings who are not in substitute care (e.g., emancipated, case

closed due to independence, adopted, placed in private guardianship, living in home

of parent, etc.)

ment.

"Visitation"

means face-to-face contact:

between parents and their children

who are in substitute care;

between siblings in substitute

care who are placed apart from one another; or

between siblings in substitute

care with siblings who are not in substitute care (e.g., emancipated, case

closed due to independence, adopted, placed in private guardianship, living in home

of parent, etc.).

"Waiting room" for the

purposes of this Part, means a virtual location on online video conferencing

platforms where review participants can be temporarily placed until the

reviewer allows them into the virtual meeting room.

"Youth in care" for

the purposes of this Part, means a

person placed in the temporary custody or

guardianship of the Department pursuant to the Juvenile Court Act of 1987.

The Department is legally responsible for the youth; a youth in care includes

children for whom the Department has temporary protective custody, custody or

guardianship via court order, or children whose parents have signed an adoptive

surrender or voluntary placement agreement with the Department.  [20 ILCS

505/4d]