Bill
HB 4966
The SECURE Act strengthens DCFS youth protections by expanding case planning, safeguarding health care, and elevating youth placement voice, including out-of-state options.
HB4966 (104th General Assembly) - Illinois SECURE Act: Summary
Title and purpose
- Full title: Safeguards to Ensure Continuity and Uphold Rights and Equity (SECURE) Act.
- Purpose: Strengthen protections for youth in the custody of the Department of Children and Family Services (DCFS) by enhancing case planning, placement decision-making, interstate placements, health care access, caregiver conduct, and accountability. The bill emphasizes youth input, evidence-based risk assessments, and Illinois-based protections even when youths are placed out of state. Effective date: July 1, 2027.
Key findings and intent
- DCFS has a non-delegable duty to safeguard youth safety, health, dignity, and well-being.
- Youth voice and expressed placement preferences should be meaningfully considered.
- Interstate placements must include transparent risk assessments, ongoing Illinois-based DCFS caseworker involvement, and protections against conversion therapy.
- Youth health care, including reproductive and mental health, must be protected, with systems in place to prevent adverse action when youths are placed out of state.
- There is a provision for a private right of action to enforce key provisions.
Major provisions and changes
1) DCFS case planning and caregiver duties (Section 6a)
- Revised case plan requirements: Every DCFS placement must have a case plan designed to stabilize the family, support safe reunification where possible, or move toward a permanent living arrangement in the child’s best interests. Reviews occur every 6 months; incarcerated parents may participate via teleconference.
- Expanded caregiver responsibilities (a-5): For licensed congregate care and other licensed care settings, the case plan must include concrete tasks for the caregiver to meet the child’s needs, including:
- Meeting daily physical, emotional, developmental, educational, cultural, and social needs.
- Providing an environment of supportive care that respects the child’s identity and protected characteristics.
- Coordinating with family, DCFS, and service providers.
- Avoiding discriminatory conduct.
- Health care needs: ensure timely access to health care, including transportation.
- If placed out-of-state, ensure continued access to Illinois protections and benefits; document steps and report to court.
2) Placement considerations and family engagement (Section 7)
- Placement principles: Favor placing youth with relatives, siblings, or individuals sharing the family’s religious beliefs, and actively pursue relative placements through diligent family finding and engagement.
- Relative notice and participation: Notify identified relatives about the child’s removal and options for care, including health coverage and kinship supports. Relative caregivers may be considered for initial placement subject to safety and state rules; LEADS checks and thorough evaluations apply.
- Diligent efforts: Department must document efforts to locate relatives and communicate options. If relatives are deemed unsuitable, a documented basis must be provided, with opportunities for reconsideration.
3) Youth-directed placement rights (Section 7.31)
- Youth age 8+ have the right to express placement preferences, including out-of-state placements.
- Placement decisions are presumed in favor of honoring the youth’s preferences unless there is clear and convincing evidence of imminent, specific harm that cannot be mitigated.
- Written, developmentally appropriate findings are required when denying a youth’s placement preference.
- Legal counsel: Youths may consult with counsel before final decisions; notice of rights must be provided and documented.
4) Health care access in interstate placements (Section 7.30)
- Protect access to lawful, medically appropriate health care for youths placed outside Illinois.
- Definitions: Adverse action, coordination of lawful health care, interstate placement, and youth protections.
- Retention of consent authority: DCFS retains authority to consent to health care unless a court orders otherwise.
- Individualized out-of-state placement assessments (d): Before placement of a youth aged 8+, conduct a thorough assessment of suitability and risks, including:
- Youth’s preferences, health needs, and potential laws in receiving state that could limit Illinois-protected care.
- Plans to monitor and mitigate risks; consideration of return to Illinois for care when needed.
- Documentation in court reports; ongoing court reporting for youth age 8+ (and when age 8 reached after placement).
Ongoing Illinois-based caseworker contact and monitoring (e): Monthly or policy-specified contact with the youth to monitor safety, placement compliance, health care access, and reassess needs; include court reporting.
Prohibition on conversion therapy: Department cannot consent to conversion therapy; voluntary counseling permitted if not aimed at changing sexual orientation or gender identity.
Enforcement and liability: Department employees are protected from civil liability for good-faith coordination of lawful health care; indemnification and defense provided; data privacy and civil actions possible for violations.
5) Private right of action and licensure (Sections 7.33 and 8.1b)
- Private right of action: Youth or child aggrieved by certain subsections can sue for injunctive relief, damages, attorney’s fees, etc., in addition to existing remedies.
- Licensure and contracts: Licensed facilities must comply with the SECURE Act’s sections (6a, 7, 7.29, 7.30, 7.31) to participate in DCFS programs and contracts; explicit private right of action for violations by licensed entities.
6) Youth well-being safeguards and caregiver conduct (Section 7.29)
- Caregiver conduct standards: Caregivers must uphold youth well-being, supporting protected characteristics, and practicing culturally responsive and trauma-informed care.
- Prohibited conduct: No harassment or discrimination based on protected characteristics; must avoid interfering with services or treatment identified in case plans.
- Licensure and enforcement: Compliance required as a condition of licensure/contracts; remedies include corrective action and potential removal of the child.
7) Public transparency and audits (Section 7.32)
- Annual public reporting starting Jan 1, 2028: Department must post data on out-of-state placements (age, gender, placement type, state), violations, contracted providers with repeated violations, and legal counsel appointments.
- Auditor General performance audits: After three years, a three-part audit cycle to assess compliance with SECURE Act provisions; results posted on DCFS website.
8) Other related amendments
- Adds new sections to Child Care Act (8.1b) crossing over requirements for licensure, compliance, youth-directed placement rights, and health care coordination.
- Adds appointment-of-attorney provisions (Section 2-17.5) for youths with special needs; court appointment processes and DCFS procedures.
Target and scope
- Applies to DCFS youth in state care and to providers and facilities serving youth (both in-state and interstate), with particular emphasis on out-of-state placements and youth-directed placement decisions.
- Addresses foster care, relative care, group homes, residential treatment centers, and other licensed care settings.
Effective date
- July 1, 2027.
Impact overview
- Greater youth voice in placement decisions, including potential out-of-state placements.
- Stronger requirements for case planning, caregiver conduct, and culturally competent, trauma-informed care.
- Expanded protections for health care access and prohibition of conversion therapy.
- Increased oversight, data transparency, and performance auditing.
- Creation of private rights of action to enforce key protections.
Notes
- The bill overall reinforces Illinois’ ongoing guardian role for youth in DCFS custody, regardless of placement location, and seeks to align out-of-state care with Illinois standards and rights.
Compiled from official sources — confirm details with the bill’s official record.
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