Section 415.30 Definitions

TITLE 89: SOCIAL SERVICES

CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES

PART 415 RELATIVE HOME CERTIFICATION

SECTION 415.30 DEFINITIONS

Section 415.30  Definitions

"Any

other adult living in the home" means any relative or non-relative age 18

or over who regularly lives, shares common areas, and sleeps in the home. This

includes an individual who is living, sharing common areas, and sleeping in a

home temporarily for more than two consecutive weeks.

"Applicant"

means a relative, as defined in this Part, who has applied for certification as

a relative home.

"Background

check" means a criminal background clearance and a review and evaluation

of all components of the background check, including sex offender registries,

child abuse and neglect registries or databases, and criminal offenses pursuant

to 225 ILCS 10/3.4. The components of a background check include:

In-State

(Illinois) Checks

A search of

the Law Enforcement Agency Data System (LEADS). If the results of the LEADS search

identify the types of prior criminal convictions outlined in this Part for any other

adult living in the home, youth in care shall not be placed in the relative's

home except as allowed by this Part or 89 Ill. Adm. Code 301 (Placement and

Visitation Services);

Submission

of fingerprints to the Illinois State Police (ISP) for a criminal histories

record search;

A search of

the DCFS State Central Register (SCR) to determine whether an individual is

currently alleged, or has been indicated as a perpetrator of child abuse or

neglect; and

A search of

the Illinois Sex Offender Registry (SOR) and the National Sex Offender Public

Website (NSOPW).

National

Checks

Submission

of fingerprints to the Federal Bureau of Investigation (FBI) using Next

Generation Identification, for comparison to their national crime information

databases; and

A search of

the National Crime Information Center National Sex Offender Registry

(NCIC/NSOR)

A search of

the Illinois Sex Offender Registry (SOR) and the National Sex Offender Public

Website (NSOPW).

National

Checks

Submission

of fingerprints to the Federal Bureau of Investigation (FBI) using Next

Generation Identification, for comparison to their national crime information

databases; and

A search of

the National Crime Information Center National Sex Offender Registry

(NCIC/NSOR).

Interstate

(Out-of-State) Checks

A search of

the following registries, repositories, or databases in each state where an

individual resided during the preceding five years:

State-based

criminal registry or repository (fingerprint use optional);

State-based

child abuse and neglect registry or database; and

State sex

offender registry or repository.

"Background

check clearance" for purposes of this Part, means the Department has

communicated to the assigned worker that the background check did not identify

any disqualifying offenses.

"Caregiver" means a certified relative

caregiver, relative caregiver, or foster parent with whom a youth in care is

placed.

[225 ILCS 10/2.39]

"

Certification"

or "Certified" means a relative home wherein the caregiver is related

to the youth in care and has met the standards prescribed by 225 ILCS 10/3.4

and this Part.

"Certified

relative caregiver" means a person responsible for the care and

supervision of a child placed in a certified relative caregiver home by the

Department, other than the parent, who is a relative.

[225 ILCS 10/2.36]

"Certified

relative caregiver home" means a placement resource meeting the standards

for a certified relative caregiver home under Section 3.4 of

the Child Care

Act of 1969

, which is eligible to receive payments from the Department under

State or federal law for room and board for a child placed with a certified relative

caregiver.

[225 ILCS 10/2.37]

"Child"

means any person for whom the Department is legally responsible who is less

than 18 years of age

eeting the standards

for a certified relative caregiver home under Section 3.4 of

the Child Care

Act of 1969

, which is eligible to receive payments from the Department under

State or federal law for room and board for a child placed with a certified relative

caregiver.

[225 ILCS 10/2.37]

"Child"

means any person for whom the Department is legally responsible who is less

than 18 years of age.

"Child

Welfare Contributing Agency" or "contributing agency"

means a public or private entity that, by contract or

agreement with the Department, provides placement, child welfare case

management, or both to children and families.

"Concrete

goods" means child safety items, clothing, shelter, furniture, utilities,

transportation, or anything that can be provided to a family to maintain child

safety and reduce risk, remove barriers to placement, or maintain a placement.

"Corporal

punishment" means any type of physical punishment, discipline, or

retaliation inflicted upon any part of the body of a child. This includes such

actions as slapping, hitting, punching, spanking, shoving, pinching, or any

other type of action geared toward inflicting pain or body discomfort upon a

child.

"Department"

means the Department of Children and Family Services.

"Diligent

efforts" means conscientious attempts to accomplish all aspects of

intervention with respect to thoroughness, timeliness, availability, and

responsiveness.  Diligent efforts in the context of family finding and relative

engagement may include, but is not limited to interviewing the youth in care's

parents, interviewing the youth in care if age and developmentally appropriate,

interviewing identified relatives regarding other relatives not yet identified,

conducting computer-based searches, and assessing the relative for

certification

onsiveness.  Diligent efforts in the context of family finding and relative

engagement may include, but is not limited to interviewing the youth in care's

parents, interviewing the youth in care if age and developmentally appropriate,

interviewing identified relatives regarding other relatives not yet identified,

conducting computer-based searches, and assessing the relative for

certification.

"Family

finding and relative engagement" means conducting an investigation,

including, but not limited to, through a computer-based search engine, to

identify any person who would be eligible to be a relative caregiver as defined

in

this Part

and to connect a child, consistent with the child's best

interest, who may be disconnected from the child's parents, with those

relatives and kin in an effort to provide family support or possible

placement.  If it is known or there is reason to know that the child is an

Indian child, as defined in Section 4 of the Indian Child Welfare Act of 1978

(25 U.S.C. 1903), "family finding and relative engagement" also

includes contacting the Indian child's tribe to identify relatives and kin.

[20

ILCS 505/7(b)(1)]

"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]

"Kinship

navigator"

means a statewide program designed to ensure kinship

(relative)

caregivers the necessary resources for the preservation of family.

[325

ILCS 42/5]

"Needed

supports" means interventions to protect the health, safety, and welfare

of the child. This can include, but is not limited to, concrete goods, safety

modifications, and referrals for other services. Interventions shall be based

on the needs, problems, and limitations and capacities of the relative and

their home as identified in the Safety and Needs Assessment and Caregiver

Assessment (see Section 415.40(d)(2) and (3))

s to protect the health, safety, and welfare

of the child. This can include, but is not limited to, concrete goods, safety

modifications, and referrals for other services. Interventions shall be based

on the needs, problems, and limitations and capacities of the relative and

their home as identified in the Safety and Needs Assessment and Caregiver

Assessment (see Section 415.40(d)(2) and (3)).

"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.

"Placing

worker" means Child Protection Specialist, Permanency Worker or Intact

Family Worker, or for the purposes of certification, Licensing Unit or

contributing agency staff.

"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"

means a person who is:

Related

to a child by blood marriage, tribal custom, adoption,

civil union,

or

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

ichment, cultural, and social activities.

[20 ILCS 505/7.3a(b)]

"Relative"

means a person who is:

Related

to a child by blood marriage, tribal custom, adoption,

civil union,

or

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"

also includes any person who would have qualified as a relative under this

Section 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.

[705 ILCS 405]

"Relative

caregiver" means a person responsible for the care and supervision of a

child placed by the Department, other than the parent, who is a relative.

[20

ILCS 505/4d]

"Relative

home" means a home of a relative that is not a foster family home or a

certified relative caregiver home but provides care to a child placed by the

Department who is a relative of a household member of the relative's home.

[20 ILCS 505/4d]

"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

[705 ILCS 405]

ve that is not a foster family home or a

certified relative caregiver home but provides care to a child placed by the

Department who is a relative of a household member of the relative's home.

[20 ILCS 505/4d]

"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

[705 ILCS 405]. The Department is legally responsible for

the youth; a youth in care includes youth for whom the Department has temporary

protective custody, custody or guardianship via court order, or youth whose

parents have signed an adoptive surrender or voluntary placement agreement with

the Department.