State of Illinois
Department of Children and Family Services
ILLINOIS FOSTER CHILD AND YOUTH BILL OF RIGHTS
Please read the Illinois Foster Child and Youth Bill of Rights Below. You can also click here to download the Child Bill of Rights PDF to read.
Instructions
1) Children in Substitute Care. Permanency Workers shall review the Foster Child and Youth Bill of Rights with children in substitute care.
A) Within the first 30 days after the child’s initial placement. During an in-person casework contact, the Permanency Worker shall:
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- provide a copy of the Foster Child and Youth Bill of Rights to the child; and
- read aloud to and review the Foster Child and Youth Bill of Rights with a child under age 12 or a child unable to read independently. (The caregiver or an older child can also be asked to help read aloud to a younger child.) Children under 5 years of age and children who are unable understand the Foster Child and Youth Bill of Rights must have a caregiver present when the Bill of Rights is read and reviewed.
The Permanency Worker must ensure, when necessary, that an interpreter is available to read the Foster Child and Youth Bill of Rights in the child’s preferred language.
B) Every 6 months, prior to an ACR and during an in-person casework contact, the Permanency Worker shall review the Foster Child and Youth Bill of Rights with a child under age 12 or a child unable to read independently. (The caregiver or an older child can also be asked to help read aloud to a younger child.) Children under 5 years of age and children who are unable understand the Foster Child and Youth Bill of Rights must have a caregiver present when the Bill of Rights is read and reviewed.
C) Annually (approximately 12 month intervals), during an in-person casework contact, the Permanency Worker shall:
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- provide a copy of the Foster Child and Youth Bill of Rights to the child; and
- read aloud to and review the Foster Child and Youth Bill of Rights with a child under age 12 or a child unable to read independently. (The caregiver or an older child can also be asked to help read aloud to a younger child.) Children under 5 years of age and children who are unable understand the Foster Child and Youth Bill of Rights must have a caregiver present when the Bill of Rights is read and reviewed.
The child (when age appropriate) shall sign the form acknowledging receipt of his/her copy.
The Permanency Worker must ensure, when necessary, that an interpreter is available to read the Foster Child and Youth Bill of Rights in the child’s preferred language.
2) Parents, Caregivers, Advocates and the Child’s Guardian Ad Litem
A) Within the first 30 days after the child’s initial placement, the Permanency Worker shall review and provide a copy of the Foster Child and Youth Bill of Rights to the child’s parents/legal guardian and substitute caregiver. The parents/legal guardians and substitute caregiver shall sign the form acknowledging receipt of their copy.
B) Every 6 months, prior to an ACR and during an in-person casework contact, the Permanency Worker shall review the Foster Child and Youth Bill of Rights with the parents/legal guardian and substitute caregiver in order to engage them and ensure all participants are informed of the child’s rights.
C) Within the 30 days after appointment by the court, the Permanency Worker shall review the Foster Child and Youth Bill of Rights with the child’s Guardian Ad Litem (GAL). The GAL shall sign the form acknowledging receipt of his/her copy.
D) Advocates for children 12 years of age and older. The Permanency Worker shall review the Foster Child and Youth Bill of Rights with the advocates selected by the youth. (See Procedures 315.135(c), Designation by a Youth Age 14 or Older of Advocates for Service Planning, ACRs and Permanency Hearings.) The advocates shall sign the form acknowledging receipt of their copies.
3) Signatures Required. As the Foster Child and Youth Bill of Rights is reviewed, the Permanency Worker shall obtain the signatures of the persons with whom it was reviewed. If a child is unable to sign his/her name, the caregiver present with the child when the Foster Child and Youth Bill of Rights is reviewed may sign for the child.
4) The Permanency Worker shall provide a signed copy of the Foster Child and Youth Bill of Rights to the child and each participant and place a copy in the child’s case record. For a child under 5 years of age, the substitute caregiver shall verify he/she has provided a copy to the child.
5) The Permanency Worker should have ongoing conversations with the child regarding the child’s rights while in foster care and be available to answer questions when the child expresses curiosity or concerns about his/her rights. The Permanency Worker should periodically meet privately with the child to give the child the opportunity to discuss concerns or problems regarding his/her rights.
Preamble
The Illinois Department of Children and Family Services recognizes the following rights of children and youth in foster care. These rights are intended to guide the Department and its providers in the delivery of care and services to foster youth with the commitment to safety, permanency and well-being.
As a child or youth in foster care, I have the right:
To be and to feel safe:
• To be protected from physical, mental, sexual or emotional abuse;
• To have my physical boundaries respected and honored within safe, appropriate standards (i.e.: no forcing of hugs, hand holding);
• A safe and appropriate sleeping arrangement;
• To never be locked in a room, building, or facility premises unless placed in a secure child care facility;
• To tell my caseworker, therapist, attorney, judge or the Department Advocacy Office when contact with someone is hurtful to me or inappropriate so that I can be protected without fear of retaliation; and
• To be placed in out-of-home care according to my gender identity, regardless of the gender or sex listed in their court or child welfare records.
• To be placed in the least restrictive and most family-like setting available and in close proximity to my parent’s home consistent with my health, safety, best interests, and special needs.
To achieve permanency and maintain lifelong connections:
• To stay connected with family and others with whom I have a close and nurturing relationship, including relationships developed during my time in care where there are no concerns of safety or risk to me in continuing such relationships;
• A permanent family where I feel a sense of belonging;
• A safe, healthy, and comfortable home where I am treated with respect;
• To visit and contact my brothers and sisters, to be included in special and celebratory milestones of siblings (i.e. birthdays, holidays, graduations) and to have my siblings included in my special and celebratory milestones (unless prohibited by court order);
• To review the brochure, CFS 1050-95, How to connect with your brothers and sisters, annually during caseworker contact.
• To be supported in connecting or reconnecting with family when there are no safety threats presented to me in having such contact;
• To be supported in locating and connecting with individuals who may be part of my past and could support my permanency success now or in my future; and
• To emancipate from care if no other permanency path is possible and to exit care not only prepared for adult life, but also connected to individuals including family and non-related people who will be there for me in times of need.
To be well and to have my well-being needs met:
• To receive medical, dental, vision and mental health services;
• To be free of the administration of medication or chemical substances unless authorized by a licensed prescriber;
• To receive adequate and healthy food that meets my dietary needs;
• To be provided appropriate clothing that fits and corresponds to a gender identity of my choice;
• To keep my belongings, including things I buy and gifts I receive no matter where I live;
• To have storage space for personal use and to have privacy in storing my belongings;
• To attend religious services and activities of my choice;
• To be provided with age-appropriate educational opportunities and schooling to prepare me for adult life;
• To attend school and participate in school functions and activities (sporting events, schools dances, etc.);
• To be allowed the opportunity to participate in extracurricular activities that interest me, including sports, art, music, cultural, and personal enrichment activities, consistent with my age and developmental level;
• To receive extra help and tutoring if I am struggling in school or an educational placement;
• To work and develop job skills at an age-appropriate level, consistent with state law;
• To maintain a bank account and manage personal income consistent with my age unless prohibited by law;
• To receive, save or spend an appropriate percentage/amount of allowance;
• To receive a free annual credit report and help in resolving any inaccuracies;
• To receive and be supported in developing and keeping a Lifebook to help me explore and process my foster care journey, to help me hold onto cherished memories and stay connected with family and friends
• To have social interactions with people outside of the foster care system, including teachers, church members, mentors, and friends;
• To make and to receive confidential telephone calls and send and receive unopened mail and electronic mail (unless prohibited by court order);
• To have access to a phone, and be afforded privacy if I want to make a hotline call;
• To be free from unreasonable searches of my personal belongings; and
• To be free from discrimination or harassment on the basis of actual or perceived race, ethnicity, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
To be involved and informed:
• To have fair and equal access to all available services, placement, treatment and benefits;
• To attend services and programs operated by the Department of Children and Family Services or any other appropriate agency that are intended to help current and former
foster youth achieve self-sufficiency prior to and after leaving foster care;
• To be informed about where I can go for help;
• To be informed about how the child welfare system works;
• To contact my family members, (unless prohibited by court order) and to contact my social worker(s), attorney, foster youth advocates, mentors, and supporters, Court
Appointed Special Advocates (CASA), and probation officer;
• To attend court hearings and speak with my attorney and the judge;
• To have all of my juvenile court records remain confidential consistent with state law;
• To be involved in the development of my Service Plan and to have input as to the services and interventions that best meet my safety, permanency and wellbeing needs;
• To have a voice in the plan for my permanency and to express my wishes and concerns pertaining to my future, including where I wish to live and whether or not I wish to be adopted;
• To review my Service Plan and plan for my permanency minimally every 3 months but more frequently as I see the need or have questions about my permanency path;
• To have rules that are clear and fair and to have them explained to me from the beginning in any living environment;
• To have caregivers and child welfare personnel who have received sensitivity training and instruction on matters concerning race, ethnicity, nation origin, color, ancestry, religion, mental and physical disability, and HIV status;
• To have caregivers and child welfare personnel who have received instruction on cultural competency and sensitivity relating to and best practices for serving lesbian, gay, bisexual and transgender youth in out-of-home-care;
* if applicable
• At 16 years of age or older, to have access to existing information regarding the educational options available, including but not limited to the coursework necessary for vocational and postsecondary educational programs and information regarding financial aid for postsecondary education;
• To have access to age appropriate, medically accurate information about reproductive health care, and the prevention of unplanned pregnancy for myself and my partner;
• To have information on prevention and treatment of sexually transmitted infections/diseases at age 12 years or older;
• To receive information on eligibility for Medicaid health care services which is available until age 26;
• To contact the Department Advocacy Office or the Department Office of the Inspector General regarding violation of my rights and to speak with representatives of these offices confidentially without threat of retaliation for making a complaint; and
• To receive a copy of the Illinois Foster Child and Youth Bill of Rights form and have it fully explained by the Department of Children and Family Services or agency acting on behalf of the Department when the child or adult is placed in the care of the Department.
