Section 359.2 Definitions

Section 359

Section 359.2  Definitions

"Child-care

institution" means a private child-care institution, or a public

child-care institution that accommodates no more than 25 children, and is

licensed or approved by the Department, meeting the standards established for

the licensing. In the case of a child who has attained 18 years of age, the

term shall include a supervised setting in which the individual is living

independently. The term shall not include detention facilities, forestry camps,

training schools, or any other facility operated primarily for the detention of

children who are determined to be delinquent. (42 U.S.C.S. 672(c)(2)(a)-(c))

"Child

only standard of need" means the assistance standard for cases in which no

adult member is included, as determined by the Illinois Department of Human

Services.

"Children

for whom the Department has legal responsibility" means children for whom

the Department has temporary protective custody, custody or guardianship via

court order, or whose parents have signed an adoptive surrender or voluntary

placement agreement with the Department.

"Family

preservation services" means those services provided to children and

families who require social services to maintain the family unit intact.

"Fictive kin" means

any individual, unrelated by birth or marriage, who:

is shown to have significant

and close personal or emotional ties with the child or the child's family prior

to the child's placement with the individual; or

is the current foster parent of

a child in the custody or guardianship of the Department pursuant to the Child

and Family Services Act and the Juvenile Court Act of 1987, if the child has

been placed in the home for at least one year and has established a significant

and family-like relationship with the foster parent, and the foster parent has

been identified by the Department as the child's permanent connection

parent of

a child in the custody or guardianship of the Department pursuant to the Child

and Family Services Act and the Juvenile Court Act of 1987, if the child has

been placed in the home for at least one year and has established a significant

and family-like relationship with the foster parent, and the foster parent has

been identified by the Department as the child's permanent connection.

[20

ILCS 505/7(b)]

"Foster

care maintenance payments" means payments to cover the cost of (and the

cost of providing) food, clothing, shelter, daily supervision, school supplies,

a child's personal incidentals, liability insurance with respect to a child,

reasonable travel to the child's home for visitation, and reasonable travel for

the child to remain in the school in which the child is enrolled at the time of

placement. In the case of institutional care, such term shall include the

reasonable cost of administration and operation of such institution as are

necessarily required to provide the items described herein, the same is also

applicable in cases where a child placed in a foster family home or child-care

institution is the parent of a child who is in the same home or institution and

payments. (42 U.S.C.S. 675(4)(a)-(b)).

"Foster family home"

means the home of an individual or family:

that is licensed or approved by

the state in which it is situated as a foster family home that meets the

standards established for the licensing or approval; and

in which a child in foster care

has been placed in the care of an individual who resides with the child and who

has been licensed or approved by the state to be a foster parent:

who the Department of Children

and Family Services deems capable of adhering to the reasonable and prudent

parent standard;

who provides 24-hour substitute

care for children placed away from their parents or other caretakers; and

who provides the care for no

more than 6 children, except the Director of Children and Family Services,

pursuant to Department regulations, may waive

foster parent:

who the Department of Children

and Family Services deems capable of adhering to the reasonable and prudent

parent standard;

who provides 24-hour substitute

care for children placed away from their parents or other caretakers; and

who provides the care for no

more than 6 children, 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:

a parenting youth in foster

care to remain with the child of the parenting youth;

siblings to remain together;

a child with an established

meaningful relationship with the family to remain with the family; or

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.

[225 ILCS 10/2.17]

"Godparent"

is a person who sponsors a child at baptism or one in whom the parents have

entrusted a special duty that includes assisting in raising the child if the

parent cannot raise the child.  If the person is considered to be the child's godparent,

in order for placement to occur, the same placement selection criteria as

contained in 89 Ill. Adm. Code 301.60 (Placement Selection Criteria) must be

met. If the godparent is not a licensed foster parent, all the conditions

currently in effect for placement with relatives in 89 Ill. Adm. Code 301.80 (Relative

Home Placement) must be met.

"Overpayment"

means an amount paid for a service in excess of the actual incurred expenses or

rate for that service or a payment for a service that is not rendered.  This includes

board payments for a child that continue after the child is no longer in the

placement for which the payment is made

ct for placement with relatives in 89 Ill. Adm. Code 301.80 (Relative

Home Placement) must be met.

"Overpayment"

means an amount paid for a service in excess of the actual incurred expenses or

rate for that service or a payment for a service that is not rendered.  This includes

board payments for a child that continue after the child is no longer in the

placement for which the payment is made.

"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” 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 assessment of the child required under 42

U.S.C

ied

Residential Treatment Program” 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 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 7 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 6 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)

Any other independent,

not-for-profit accrediting organization approved by the Secretary of Health and

Human Services. (42 U.S.C

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)

Any other independent,

not-for-profit accrediting organization approved by the Secretary of Health and

Human Services. (42 U.S.C. 672(k)(4))

"Relative",

for purposes of placement of a child for whom the Department is legally

responsible,

means any person, 21 years of age or over, other than the

parent, who:

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,

first cousin once removed (children of one's first cousin to

oneself),

second cousin

(children of first cousins are second cousins to

each other),

godparent

(as defined in this Section),

great-uncle or

great-aunt; or

is the

spouse

, or party to a civil union,

of such a relative; or

is the

child's step-father, step-mother, step-grandfather, step-grandmother or adult

step-brother or step-sister; or

is the

partner, or adult child of a partner, in a civil union with the child's mother

or father; or

is a fictive

kin as defined in this Section.

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 children who have

been in the guardianship of the Department, have been adopted, and are

subsequently returned to the temporary custody or guardianship of the

Department, a "relative" may also include any person who would have

qualified as a relative under this definition prior to the adoption, but only

if the Department determines that it would be in the best interests of the

child to consider this person a relative.

[20 ILCS 505/7(b)]

"Siblings"

means children who have at least one parent in common

to the temporary custody or guardianship of the

Department, a "relative" may also include any person who would have

qualified as a relative under this definition prior to the adoption, but only

if the Department determines that it would be in the best interests of the

child to consider this person a relative.

[20 ILCS 505/7(b)]

"Siblings"

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

considered siblings after parental rights are terminated or 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 Article II of the

Juvenile Court Act of 1987 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 services" means those services provided to children who require

placement away from their families or private guardians.  Substitute care

includes foster family care, care provided in a relative home placement as

defined in 89 Ill. Adm. Code 301.80 (Relative Home Placement), care provided in

a group home, care provided in a maternity center or a child care facility,

mental health or other institution, 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.).