89 Ill. Adm. Code 3150.315.20
Definitions
Section 315
TITLE 89: SOCIAL SERVICES
CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
SUBCHAPTER a: SERVICE DELIVERY
PART 315 PERMANENCY PLANNING
SECTION 315.20 DEFINITIONS
Section 315.20 Definitions
"Administrative
case review" means a review of permanency planning open to the
participation of the parents of the child, conducted by a person who is not
responsible for the case management of, or the delivery of services to, either
the child 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 child, any legal
representative of the parent or child, and the foster parents as specified in 89
Ill. Adm. Code 316 (Administrative Case Reviews and Court Hearings).
"Aftercare planning"
means service planning that starts with the first contact with the family and
that focuses on providing a smooth transition from Department guardianship or
custody. It includes the receipt of child welfare services to discharge from
guardianship or custody and the termination of Department funded services.
"Best
interest of the child", defined in the Juvenile Court Act of 1987, means consideration
of the following factors
in the context of the child's age and developmental
needs
:
the
physical safety and welfare of the child, including food, shelter, health, and
clothing;
the
development of the child's identity;
the child's
background and ties, including familial, cultural,
and religious;
the child's
sense of attachments, including:
where the
child actually feels love, attachment, and a sense of being valued (as opposed
to where adults believe the child should feel such love, attachment, and a
sense of being valued);
the child's
sense of security;
the child's
sense of familiarity;
continuity
of affection for the child;
the least
disruptive placement alternative for the child;
the child's
wishes and long-term goals, including the child's wishes regarding available
permanency options and the child's wishes regarding maintaining connections
with parents, siblings, and other relatives;
the child's
community ties, including church, school, and friends;
the child's
need for permanence, which includes the child's need for stability and
continuity of relationships with parent figures, siblings and other relatives;
the
uniqueness of every family and child;
the risks
attendant to entering and being in substitute care; and
the
preferences of the persons available to care for the child, including
willingness to provide permanency to the child, either through subsidized
guardianship or through adoption.
[705 ILCS 405/1-3]
"Case plan"
means a written plan on a form prescribed by the Department that guides all
participants in the plan of intervention toward the permanency goals for the
children. Formerly known as client service plan.
"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.
"Concurrent
planning" means a process whereby the Department or its service provider
works toward family reunification with a family whose children have been
removed from the home while, at the same time, developing an alternative plan,
if reunification with the family cannot be attained.
"Culturally
competent haircare" for purposes of this 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.
"Culture"
means the norms, traditions, and experiences of a person's community that
inform that person's daily life and long-term goals.
[20 ILCS
505/7.3b(b)(2)]
"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]
"Guardian"
means an individual person appointed by the court to assume the
responsibilities of the guardianship of the person as defined in Section 1-3 of
the Juvenile Court Act of 1987 [705 ILCS 405/1-3] or Article XI of the Probate
Act of 1975 [755 ILCS 5].
"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)]
"Identity"
means the memories, experiences, relationships, and values that create one's
sense of self. This
combination
creates a steady sense of who one is
over time, even as new facets are developed and incorporated into one's
identity.
[20 ILCS 505/7.3b (b)(3)]
"Individual
Treatment Plan" or "ITP" or "Treatment Plan" means a
written document developed by the appropriate service provider staff with the
participation of the client with a mental illness and, if applicable, the
client's guardian, which specifies the client's diagnosis, problems, and
service needs to be addressed, the intermediate objectives and long-term goals
for the services and the planned interventions for achieving these goals.
"Individualized
Family Service Plan" or "IFSP" means a written working document
developed for each child in order to facilitate the provisions of Early
Intervention (EI) services. The IFSP is created by the family, an
inter-disciplinary team, the core EI agency, and the case manager (service
coordinator). The EI agency is responsible for coordinating the IFSP
implementation.
"Minimum
parenting standards" means that a parent or other person responsible for
the child's welfare is able and willing to ensure that a child is healthy and
safe, which includes ensuring that the child is adequately fed, clothed
appropriately for the weather conditions, provided with adequate shelter,
protected from physical, mental and emotional harm, and provided with necessary
medical care and education required by law.
"Parent"
means an individual who has established a parent-child relationship under
Section 201 of
the Illinois Parentage Act of 2015 [750 ILCS 46/103(n)]
"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
legal status" means a legally binding relationship between a child and a
family as established by birth or by a court of law.
"Race"
for purposes of this Part,
includes traits
historically
associated
with race, including, but not limited to, hair texture and protective
hairstyles such as braids, locks,
and
twists.
[775 ILCS 5/1-103(M-5)]
"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
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 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 Article II of
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.
"Sibling
contact" 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; and any other agreed upon forms of communication
technology as detailed in the visitation and contact plan.
"Substitute
care" means the care of 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
(Placement and Visitation Services), care provided in a group home, care
provided in a maternity center or a child care institution, mental health institution
or other institution, and care provided in an independent living arrangement.
"Termination
of parental rights" means a court order that relieves the legal parents of
parental responsibility for the child and revokes all legal rights with respect
to the child. The termination order also frees the child from all obligations
of maintenance and obedience with respect to the legal parents.
"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.).