310 ILCS 85/ Homeless Family Placement Act. - Illinois Statutes

(310 ILCS 85/1)     Sec. 1. Short title. This Act shall be cited as the Homeless Family Placement Act. (Source: P.A. 88‑366.)

(310 ILCS 85/5)     Sec. 5. Policy. The General Assembly finds that children have the most success in school when they have a stable learning environment, and the need for a stable learning environment is especially great for children from families that are experiencing a housing crisis.     The General Assembly further finds that the goal of school stability for homeless children is best served if the entities arranging, referring, or placing homeless families in shelter facilities take into consideration the educational needs of the children. (Source: P.A. 88‑366.)

(310 ILCS 85/10)     Sec. 10. Definitions. For purposes of this Act:     "School of origin" means the school that a child attended when he or she was permanently housed or the school in which a child was last enrolled.     "Homeless family" means a family that lacks a fixed, regular, and adequate nighttime residence or a family that has a primary nighttime residence that is any of the following:         (i) a publicly or privately operated shelter

designed to provide temporary living accommodations (including welfare hotels, congregate shelters, and transitional housing for the mentally ill);

(ii) an institution that provides a temporary

residence for individuals intended to be institutionalized; or

(iii) a public or private place not designed for, or

ordinarily used as, a regular sleeping accommodation.

"Referring agency" means any public or private entity that receives federal or State funds for the purpose of arranging, referring or facilitating the placement of homeless families with school age children in shelter facilities.     "School age child" means a child between the ages of 2 and 22. (Source: P.A. 88‑366.)

(310 ILCS 85/15)     Sec. 15. Placement.     (a) Prior to referring homeless families to a shelter, the referring agency shall consult with families and in making the referral shall consider the following factors:         (1) the potential for the child's academic and

social success at the school of origin;

(2) a family history of domestic violence;         (3) the family's employment status;         (4) the family's job training opportunities;         (5) the proximity of other familial support;         (6) the availability of shelter resources

appropriate to the family's needs;

(7) other social, psychological and health

considerations.

Based on the above, a referring agency shall refer homeless families with a school age child to the shelter closest to their child's school of origin unless the parent determines that it is not in the best interest of the child or children to attend the school of origin or to be placed in a shelter near the school of origin.     (b) If the parent chooses to be located in a shelter nearest the school of origin and no space is available in that shelter, the family shall be referred to or placed in an available shelter next nearest to the school of origin unless the parent chooses otherwise.     (c) This Act shall not be construed to mean that a shelter facility must serve any family not otherwise eligible for its services. (Source: P.A. 88‑366.)

(310 ILCS 85/20)     Sec. 20. Notice. A referring agency shall notify each homeless family before referral or placement that they may select referral or placement in a shelter located nearest their child's school of origin. The agency shall consult with the family to learn of the location of the school and shall advise the family that if the closest shelter is unavailable they can be referred or placed in an available shelter next nearest to the school of origin, except when the referring agency is aware of threatened or actual physical danger to any family member. A referring agency shall not discourage a family from selecting referral or placement nearest the school of origin. (Source: P.A. 88‑366.)

(310 ILCS 85/25)     Sec. 25. Cooperation. Each referring agency shall cooperate with local and state educational agencies in implementing the provisions and purposes of this Act. (Source: P.A. 88‑366.)