89 Ill. Adm. Code 301.440
Specific Disclosure of Foster Parent/Relative Caregiver Identifying Information
Section 301
Section 301.440 Specific
Disclosure of Foster Parent/Relative Caregiver Identifying Information
a) Assessment
During the
first 30 days after the child comes into care, the Department or purchase of
service agency shall conduct an assessment in accordance with 89 Ill. Adm. Code
315 (Permanency Planning), Section 315.100 (Assessment). Identifying
information of the foster parent/relative caregiver shall not be released to
the child's parents or siblings in the care of their parents when any of the
following is found in the assessment of the parent or other adult living in the
home:
1) A check of the Law Enforcement Agencies Data System (LEADS)
identifies a conviction for any of the crimes listed in Appendix A(a)(1), (3),
or (4) of this Part; or
2) The parent or other adult living in the home has threatened
violence against a foster parent/relative caregiver or Department or purchase
of service agency worker; or
3) The parent or other adult living in the home has exhibited
violence against a foster parent/relative caregiver or Department or purchase
of service agency worker in the past; or
4) The parent or other adult living in the home has threatened to
abduct or harm the child.
b) When a decision is made based on the assessment completed in
accordance with subsection (a) not to disclose the identifying information of
the foster parent/relative caregiver to siblings in the care of their parents,
the Department or purchase of service agency shall notify each child's attorney
and guardian ad litem in writing within seven days after that determination and
shall provide information from the assessment to justify the decision.
c) Disclosure to Parents When the Goal is Return Home
1) When the child's permanency goal is return home, parent-child
visits, telephone calls at reasonable hours and mail shall be encouraged in
accordance with the service plan and Section 301.210(a) (Family-Child
Visitation). The name, address and telephone number of the foster
parent/relative caregiver shall not be disclosed to the parents until the
assessment has been completed and a determination has been made whether to
disclose the information.
2) If, based on the assessment in subsection (a) above, the
Department or purchase of service agency determines that the name, address and
telephone number of children under the custody/guardianship of the Department
should be released to the parents, the Department shall notify the foster
parent/relative caregiver in accordance with Section 301.450.
d) Disclosure to Siblings in the Care of Their Parents
The Department
or purchase of service agency shall provide children who are seven years of age
and older who are in the care of their parents with the name, address and
telephone number of children under the custody/guardianship of the Department
in accordance with Section 301.230 (Contact Among Siblings Placed Apart),
unless:
1) the Department or purchase of service agency has determined
that it is not in the child's best interests to provide information on his or
her whereabouts to his or her siblings, and the Department or purchase of
service agency has notified each child's attorney and guardian ad litem in
accordance with Section 301.230(b);
2) the Department or purchase of service agency has determined
that identifying information of the foster parent/relative caregiver shall not
be released to the sibling based on the results of the assessment completed in
accordance with subsection (a) and the Department or purchase of service agency
has notified each child's attorney and guardian ad litem in accordance with
subsection (b); or
3) a court has prohibited disclosure of this information.
e) Other Permissible Disclosure
The name,
address and telephone number of foster parents or relative caregivers may be
given to persons other than those listed in subsections (c) and (d), as
necessary to provide services described in the service plan when specific
notice has been given in accordance with Section 301.450.