Best Interests of the Child

Statute: 705 Ill. Comp. Stat. Ann. 405/1-3(4.05) (West, WESTLAW through End of 2000 Reg. Sess.)

Law:

Whenever a 'best interests' determination is required, the following factors shall be considered 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 sense of being valued (as opposed to where adults believe the child should feel 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;

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 and with 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.

Concurrent Planning

Statute: 20 Ill. Comp. Stat. Ann. 505/5(l-1) (West, WESTLAW through 2002 Reg. Sess.)

Law:

The legislature recognizes that the best interests of the child require that the child be placed in the most permanent living arrangement as soon as is practically possible. To achieve this goal, the legislature directs the Department of Children and Family Services to conduct concurrent planning so that permanency may occur at the earliest opportunity. Permanent living arrangements may include prevention of placement of a child outside the home of the family when the child can be cared for at home without endangering the child's health or safety; reunification with the family, when safe and appropriate, if temporary placement is necessary; or movement of the child toward the most permanent living arrangement and permanent legal status.

A decision to place a child in substitute care shall be made with considerations of the child's health, safety, and best interests. At the time of placement, consideration should also be given so that if reunification fails or is delayed, the placement made is the best available placement to provide permanency for the child.

The department shall adopt rules addressing concurrent planning for reunification and permanency. The department shall consider the following factors when determining appropriateness of concurrent planning:

The likelihood of prompt reunification;

The past history of the family;

The barriers to reunification being addressed by the family;

The level of cooperation of the family;

The foster parents' willingness to work with the
family to reunite;

The willingness and ability of the foster family
to provide an adoptive home or long-term
placement;

The age of the child;

Placement of siblings.