89 Ill. Adm. Code 4150.415.35
Initial Family Finding and Relative Engagement
TITLE 89: SOCIAL SERVICES
CHAPTER III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
PART 415 RELATIVE HOME CERTIFICATION
SECTION 415.35 INITIAL FAMILY FINDING AND RELATIVE ENGAGEMENT
Section 415.35 Initial
Family Finding and Relative Engagement
The Department or
contributing agency shall identify, notify, and contact prospective relative
caregivers and assess the relative's willingness to be a placement resource or
provide other support to the youth in care following the procedures outlined in
this Part.
a) Relatives
of both parents shall be identified and contacted.
b) The placing worker shall ask the parents
whether there is a non-custodial parent or if there are relatives who may be
positive placement resources or positive supports for the youth in care.
c) The placing worker shall ask the youth in
care, outside the presence of the parents or relatives,
in an
age-appropriate manner and consistent with the
youth's
best interest
about any parent, alleged parent, and relatives important to the
youth,
and
obtaining information regarding the location of the
youth's
parents,
alleged parents, and adult relatives.
[20 ILCS 505/7(b)(1)]
d) The placing worker shall ask the youth in
care, outside the presence of the parents or relatives, about any relatives a
parent has named as a placement resource for the youth in care.
e) The placement worker shall emphasize to
prospective relative caregivers it is preferable for children to be placed
together in one home. Placement decisions for siblings shall also be made in
accordance with 89 Ill. Adm. Code 301.70 (Sibling Placement). When it is not
possible to place all the siblings together, the placement worker may consider
a placement plan for placement with two or more relatives and the placement
worker should ensure that the caregiver is willing and able to be actively
involved in supporting the sibling relationship to the extent that doing so is
in each child's best interest. The placing worker shall establish a sibling
visitation plan if placed separately that meets the minimum standards regarding
frequency of in-person visits provided in 89 Ill. Adm. Code 301.220 (Sibling
Visitation) and 89 Ill. Adm. Code 301.230 (Contact Among Siblings Placed
Apart).
f) When considering a godparent as a placement
resource, the placing worker may identify the relationship by contacting one or
both parents to confirm that they did designate the person as the youth in care's
godparent. If the parents are unavailable, the placing worker shall contact
other close family members to identify the relationship. When the youth in care
can understand, the youth in care shall also be asked to help identify their
godparent. When family members are not available or cannot confirm this
relationship, and formal documentation is not available a person claiming to be
the youth in care's godparent may be considered for placement as fictive kin.
g) When considering fictive kin for placement
and certification, the placing worker must determine the fictive kin
established a close caring relationship with the youth in care or family prior
to placing with and certifying the fictive kin.
h) The Department or contributing agency shall
document the results of the identification of relatives in the case record.
i) The following individuals shall be
contacted through Family Finding as defined in this Part:
1) non-custodial parents; non-custodial
parents shall be contacted to determine whether the youth in care can be placed
in the custody of the parent and to identify and locate relatives of the youth
in care. However, parents are not entitled to payment as a certified or
uncertified relative caregiver;
2) grandparents;
3) parents of a sibling of a youth in care, if
the parent has legal custody of the sibling;
4) adult
siblings;
5) godparents;
6) fictive
kin;
7) other
relatives; and
8) if it is known or there is a reason to
believe a youth in care is of Indian descent, any extended family members as
defined in Section 4 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1903).
j) The placing worker shall attempt to locate
and interview each person named by the parents or youth in care, within 5 days
after case assignment, to determine the relative's interest and ability to be
an appropriate placement resource or positive support for the youth in care. In
these interviews, the placing worker shall ask if the relative is aware of
other relatives of the youth in care who should be contacted. The placing worker
shall identify and contact all adult relatives identified by the family, even
when an initial placement has been made with a relative caregiver. If the
relative cannot be contacted, the placing worker shall document the reason the
relative could not be contacted. All interviews shall be documented in a
contact note. When contacted by a relative who the placing worker has not
already interviewed, the placing worker shall meet with or call the relative.
The placing worker shall interview the relative and ask the relative to confirm
how the relative is related to the youth in care. If a sibling group is
involved, the relative shall be asked how the relative is related to each of
the youths in care.
k)
In accordance with
Section
471(a)(29)
of the Social Security Act, the Department or contributing agency
shall make diligent efforts to provide all adult relatives who are located with
written notification and oral notification, in person or by telephone, of all
the following information:
1)
the minor has been removed from the
custody of the minor's parent or guardian; and
2)
an explanation of the various options to
participate in the care and placement of the minor and support for the minor's
family, including any options that may expire by failing to respond. The notice
shall provide information about providing care for the minor while the family
receives reunification services with the goal of returning the child to the
parent or guardian, how to become a certified relative caregiver home, and
additional services and support that are available in substitute care. The
notice shall also include information regarding, adoption and subsidized
guardianship assistance options, health care coverage for youth in care under
the medical assistance program established under Article V of the Illinois
Public Aid Code
[305 ILCS 5]
, and other options for contact with the
minor, including, but not limited to visitation. Upon establishing the
Department's kinship navigator program, the notice shall also include
information regarding that benefit
. [20 ILCS 505/7(b)(2)]
3) The notice shall not be sent to a relative
for whom there is a known family violence or domestic violence related criminal
conviction, indicated finding, or court finding of family or domestic violence.
The permanency worker shall obtain a copy of the conviction, indicated finding
or court finding and place it in the record.
l) If the youth in care does not know, trust
or feel safe with a person named by the parent or identified as a relative, the
placing worker shall not place the youth in care with that person. The placing
worker and supervisor shall convene a supervisory staffing to discuss the youth
in care's feelings and determine and validate the youth in care's concerns. The
supervisor shall make a Critical Decision regarding placement of the youth in
care with that relative and document the decision in a supervisory note. The
placing worker shall complete and send the Denial and Request for Decision
Review letter as outlined in Section 415.45(b)(1)(a) of this Part.
m)
The Department or contributing agency
shall complete any remaining family finding and relative engagement efforts
required under Section 7 of the Children and Family Services Act
[20 ILCS
505]
within 30 days of the minor being taken into temporary custody. The
Department
or contributing agency
shall complete new family finding and
relative engagement efforts within 30 days of an unknown parent's identity
being determined or a parent whose whereabouts were unknown being located
.
[705 ILCS 405/2-10]"