Recent Changes to DCFS Rules and Regulations

The Department of Children and Family Services regularly updates and changes its rules and policies. Below are brief descriptions of recently passed regulations that affect our clients. Please see the DCFS website for the full version of the regulations.

Regional Death Review Recommendations: On September 14, 2009, DCFS released Policy Transmittal 2009.15 detailing procedures changes recommended by Regional Death Review Teams (Policy Transmittal 2009.15). The changes include:

• Domestic Violence: Procedures 302.260(a) was amended requiring caseworkers to establish initial contact with the police as part of a case opening where there is a history of police involvement with the family.
• Intact Family Services: Procedures 302.388(d)(3) was amended requiring that known court orders and any new court orders be discussed during supervision sessions between the intact worker and his/her supervisor. Procedures 302.388(f)(1)(A) was amended requiring quarterly unannounced visits after the 45-day intact assessment period.
• Termination of Services and Planning for Aftercare: Procedures 302.310 were adopted that elaborate on the requirements of Rules 302.310. Significant features of the new procedures include: 1) the requirement that a reunification client service plan be completed before a return home with specific requirements for special circumstances like cases with mental illness and domestic violence; 2) stating that it is the Department’s policy that it should retain custody/guardianship for at least 6 months after a child is reunited with his/her parents (this used to be the policy only outside of Cook County); 3) specific requirements regarding medical appointments/follow up, safety checks/CERAPs, and the child’s educational records/needs; and 4) requiring a family meeting, among other things, before the return home court date.
• Health Care Services: Procedures 302.360 were released completely updating the existing procedures on the topic. The procedures include, but are not limited to, topics regarding HealthWorks, Initial Screening and Comprehensive Health Evaluation, School Physicals and Immunizations, Dental Examinations, Lead Screening, Family Planning Services, Pregnancy Testing, STDs, HIV testing, Medical Records, Medical Card Coverage, Post-Closure Extension of Medical Coverage, Food Allergies, and Asthma (Policy Transmittal 2009.16).
• Homemaker Services: Procedures 302.370 were released that define what may be included as Homemaker Services (Policy Transmittal 2009.16).
• Intact Family Services: Amendments to Procedures 302.388 were released focusing on appropriate referrals for parents in the intact family services program that have developmental disabilities, epilepsy, and any other illness of condition that may become debilitating (Policy Transmittal 2009.17).
• Case Opening Protocol: An Appendix R to Procedures 302 was released that consolidates in one place the Department’s Case Opening Protocol. It covers all of the scenarios of cases being opened with the Department. Among other things, one interesting procedure at Appendix R(f) requires DCP to contact the Case Assignment and Placement Unit (CAPU) before screening a case to determine and document the assigned agency (Policy Transmittal 2009.18).
• LEADS: Administrative Procedure #6 was amended which covers the use, misuse and maintenance of LEADS information. One main change is that when a LEADS needs to be done for placement purposes or a CERAP etc., members of the household 13 years of age and older are now subject to a LEADS check. Another significant change is that an “adult that frequents the home” is defined as “anyone who is a family member or friend of the children’s caretaker that visits the home at least several times per month and has access to the children in the home.” This amended procedure is available on DCFS Web Resources (Policy Transmittal 2009.19).

Worker Contacts and Interventions: Procedures 315.110. Requires more contact with pregnant parents and pregnant wards. Requires worker to gather information about the parent/ward’s pregnancy, including getting a signed consent for release of information. Requires wards placed in Illinois residential facilities to be seen in person 1x per month, regardless of distance, as required by federal law. Policy Transmittal 2009.09 (April 29, 2009).

Background Checks: Rules 385. Implemented the Adam Walsh Child Protection Services Act. Codified what was already adopted by Policy Guide 2007.12. The definition of “background check” was expanded to include a search of national criminal and abuse/neglect records through the National Crime Information Database (NCID). Policy Transmittal 2009.07 (April 6, 2009).

Medication Management: Procedures 300.80, 301.60, 315.100, 315.110. Among other things, addresses the investigation and placement workers’ responsibilities to gather information about a child’s health/medical needs and medications. Addresses who can administer medication to the youth and whether the youth can self-administer medication. Addresses medication management in TLP and ILO living arrangements.  Policy Transmittal 2009.07 (April 6, 2009).

LGBTQ Issues: Procedures 302 Appx. K. Provides DCFS and POS staff with direction and information that will support DCFS efforts to promote the safety, adjustment and well-being of Lesbian, Gay, Bisexual, Transgender and Questioning (LGBTQ) youth in the Department's care including the role of the Department's LGBTQ Clinical Consultants. Policy Transmittal 2009.06 (March 13, 2009).

Foster Parent Payments: Procedures 359 Appx. A.  Licensed and relative unlicensed foster care payment rates amended. Policy Transmittal 2009.02 (February 20, 2009). See Procedures 359 Appx. A(I)(a) and I(b) for rates.

Identification Procedures for Wards: Procedures 301.150. Clarifies when and which children must be fingerprinted and photographed. Photographs current within 1 year and fingerprints on file for all children. Fingerprints must be done within 30 days of TC. Every child must be fingerprinted and photographed every 12 months thereafter. Policy Transmittal 2009.03 (February 20, 2009).

Foster Parent Rights: Rules 340.40. Amended Foster Parent Code to include the right to be given information concerning a child placed with them as required by the Child and Family Services Act. Policy Transmittal 2009.01 (February 11, 2009). See Rules and Procedures 301.120, Rules 309.150 and Policy Guide 2007.04 for a complete list of information to be given foster/adoptive parents.

Systems of Care (SOC) Services: Procedures 301.66. Expands/clarifies eligibility for SOC services. Decreased the initial SOC home visit time frame from 14 to 5 days. Requires SOC to provide the family with an Interim Care Plan at the time of the initial home visit. Clarifies that caseworkers must make referrals to long term services in addition to SOC, if needed. Creates a Child and Family Team, including the GAL that develops the Individual Care Plan and reviews the family’s progress at least every 90 days. Updated frequently asked questions. Policy Transmittal 2008.20 (November 6, 2008).

Youth in College/Vocational Training Program: Procedures 302, Appx. G. Youth that are enrolled in Youth in College or the Vocational Training Program can still get a summer monthly stipend/board payment even if they are not enrolled in summer school. Youth must have a 2.0 GPA, or above, have their contact information current, and submit proof of enrollment for the fall semester to the OETS business office. Policy Transmittal 2008.19 (September 8, 2008).

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