# 89 Ill. Adm. Code 340.40: Section 340.40 Foster Parent Rights

> Illinois · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P340_S340_40

## Section

- **Citation:** 89 Ill. Adm. Code 340.40
- **Heading:** Section 340.40 Foster Parent Rights
- **Jurisdiction:** Illinois
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Illinois Administrative Code / Title 89 SOCIAL SERVICES / CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES / Part 340 FOSTER PARENT CODE / Section 340.40 Foster Parent Rights

## Text

Section 340
Section 340.40  Foster Parent
Rights
a)
A
foster parent's rights include, but are not limited to, the following
:
1)
The right to be treated with dignity, respect, and
consideration as a professional member of the child welfare team.
2)
The right to be given standardized pre-service training and
appropriate ongoing training to meet mutually assessed needs and improve the
foster parent's skills.
3)
The right to be informed as to how to contact the
appropriate child placement agency in order to receive information and
assistance to access supportive services for children in the foster parent's
care.
4)
The right to receive timely financial reimbursement
commensurate with the care needs of the child as specified in the service plan.
5)
The right to be provided a clear, written understanding of
a placement agency's plan concerning the placement of a child in the foster
parent's home.  Inherent in this right is the foster parent's responsibility to
support activities that will promote the child's right to relationships with
his or her own family and cultural heritage.
6)
The right to be provided a fair, timely, and impartial
investigation of complaints concerning the foster parent's licensure, to be
provided the opportunity to have a person of the foster parent's choosing
present during the investigation, and to be provided due process during the
investigation; the right to be provided the opportunity to request and receive
mediation or an administrative review of decisions that affect licensing
parameters, or both mediation and an administrative review; and the right to
have decisions concerning a licensing corrective action plan specifically
explained and tied to the licensing standards violated.
7)
The right, at any time during which a child is placed with
the foster parent, to receive additional or necessary information that is relative
to the care of the child
t affect licensing
parameters, or both mediation and an administrative review; and the right to
have decisions concerning a licensing corrective action plan specifically
explained and tied to the licensing standards violated.
7)
The right, at any time during which a child is placed with
the foster parent, to receive additional or necessary information that is relative
to the care of the child.
8)
The
right to be given information concerning a child from the Department, as
required under Section 5(u) of the Children and Family Services Act, and from a
child welfare agency, as required under Section 7.4 (c-5) of the Child Care Act
of 1969.
[20 ILCS 520/1-15]
A)        At the
time the caseworker places a child with a foster parent or prospective adoptive
parent, or prior to placement of the child, whenever possible, the worker shall
provide available information in writing (except as provided in subsection
(a)(8)(B)) about the child necessary for the proper care of the child to the
foster parent or prospective adoptive parent.  The information to be provided
to the caregiver shall include:
i)          The
medical history of the child, including known medical problems or communicable
diseases, information concerning the immunization status of the child, and
insurance and medical card information;
ii)         The
educational history of the child, including any special educational needs and
details of the child's Individualized Education Plan (IEP), Individual Family
Service Plan (IFSP) when the child is receiving special education services, or
504 Educational Special Needs Plan, if applicable;
iii)        A
copy of the child's portion of the client service plan, including any
visitation arrangements and all amendments or revisions; case history of the
child, including how the child came into care; the child's legal status; the
permanency goal for the child; a history of the child's previous placements;
and reasons for placement changes, excluding information that identifies or
reveals the l
A
copy of the child's portion of the client service plan, including any
visitation arrangements and all amendments or revisions; case history of the
child, including how the child came into care; the child's legal status; the
permanency goal for the child; a history of the child's previous placements;
and reasons for placement changes, excluding information that identifies or
reveals the location of any previous foster or relative home caregiver; and
iv)        Other
relevant background information of the child, including any prior criminal
history; information about any behavior problems, including fire setting,
perpetration of sexual abuse, destructive behavior and substance abuse habits;
likes and dislikes; etc.
B)        In the
case of an emergency placement, when all of the information referenced in
subsection (a)(8)(A) is not available, the worker shall provide known
information verbally as it becomes available and subsequently provide this
information in writing.
C)        In
advance of placement, the caseworker may provide the foster parent or adoptive
parent with a written summary of the information listed in subsection (a)(8)(A).
D)        Within
10 working days after the placement, the worker shall obtain from the
prospective adoptive parent, foster parent or other caregiver signed
verification of receipt of the information described in subsection (a)(8)(A)
and forward a copy of the information to the child's guardian ad litem.
E)        Supervisory
review and approval is required prior to providing any information to the
foster parent or prospective adoptive parent
nt, the worker shall obtain from the
prospective adoptive parent, foster parent or other caregiver signed
verification of receipt of the information described in subsection (a)(8)(A)
and forward a copy of the information to the child's guardian ad litem.
E)        Supervisory
review and approval is required prior to providing any information to the
foster parent or prospective adoptive parent.
9)
The right to be notified of scheduled meetings and
staffings concerning the foster child in order to actively participate in the
case planning and decision-making process regarding the child, including
individual service planning meetings, administrative case reviews,
interdisciplinary staffings, and individual educational planning meetings; the
right to be informed of decisions made by the courts or the child welfare
agency concerning the child; the right to provide input concerning the plan of
services for the child and to have that input given full consideration in the
same manner as information presented by any other professional on the team; and
the right to communicate with other professionals who work with the foster
child within the context of the team, including therapists, physicians, and
teachers.
10)
The right to be given, in a timely and consistent manner,
any information a case worker has regarding the child and the child's family
which is pertinent to the care and needs of the child and to the making of a
permanency plan for the child.  Disclosure of information concerning the
child's family shall be limited to that information that is essential for
understanding the needs of and providing care to the child in order to protect
the rights of the child's family.  When a positive relationship exists between
the foster parent and the child's family, the child's family may consent to
disclosure of additional information
e child.  Disclosure of information concerning the
child's family shall be limited to that information that is essential for
understanding the needs of and providing care to the child in order to protect
the rights of the child's family.  When a positive relationship exists between
the foster parent and the child's family, the child's family may consent to
disclosure of additional information.
11)
The right to be given reasonable written notice of any
change in a child's case plan, plans to terminate the placement of the child
with the foster parent, and the reasons for the change or termination in
placement.  The notice shall be waived only in cases of a court order or when a
child is determined to be at imminent risk of harm.
12)
The right to be notified in a timely and complete manner of
all court hearings, including notice of the date and time of the court hearing,
the name of the judge or hearing officer hearing the case, the location of the
hearing, and the court docket number of the case; and the right to intervene in
court proceedings or to seek mandamus under the Juvenile Court Act of 1987.
13)
The right to be considered as a placement option when a
foster child who was formerly placed with the foster parent is to be re-entered
into foster care, if that placement is consistent with the best interest of the
child and other children in the foster parent's home.
14)
The right to have timely access to the child placement
agency's existing appeals process and the right to be free from acts of
harassment and retaliation by any other party when exercising the right to
appeal
laced with the foster parent is to be re-entered
into foster care, if that placement is consistent with the best interest of the
child and other children in the foster parent's home.
14)
The right to have timely access to the child placement
agency's existing appeals process and the right to be free from acts of
harassment and retaliation by any other party when exercising the right to
appeal.
15)
The right to be informed of the Foster Parent Hotline
established under Section 35.6 of the Children and Family Services Act and all
of the rights accorded to foster parents concerning reports of misconduct by
Department employees, service providers, or contractors, confidential handling
of those reports, and investigation by the Inspector General appointed under
Section 35.5 of the Children and Family Services Act.
[20 ILCS 520/1-15]
b)         Implementation of these rights shall be explained in
narrative form in the annual implementation plans described in Appendix A.

## Nearby sections

- [89 Ill. Adm. Code 340.40 Section 340.40  Foster Parent Rights](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P340_S340_40.md)
- [89 Ill. Adm. Code 340.50 Section 340.50  Foster Parent Responsibilities](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P340_S340_50.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P340_S340_40. Check the current official text before relying on it. Not legal advice.