705 ILCS 405/2-27.2: Placement; out-of-state residential treatment center.

(a) In addition to the provisions of subsection (3) of Section 2-27 of this Act, no placement by any probation officer or agency whose representative is an appointed guardian of the person or legal custodian of the minor may be made in an out-of-state residential treatment center unless the court has determined that the out-of-state residential placement is in the best interest and is the least restrictive, most family-like setting for the minor. The Department's application to the court to place a minor in an out-of-state residential treatment center shall include:

(1) an explanation of what in State resources, if any, were considered for the minor and why the minor cannot be placed in a residential treatment center or other placement in this State;

(2) an explanation as to how the out-of-state residential treatment center will impact the minor's relationships with family and other individuals important to the minor in and what steps the Department will take to preserve those relationships;

(3) an explanation as to how the Department will ensure the safety and well-being of the minor in the out-of-state residential treatment center;

(4) an explanation as to why it is in the minor's best interest to be placed in an out-of-state residential treatment center, including a description of the minor's treatment needs and how those needs will be met in the proposed placement;

(5) an explanation as to the manner by which the Department assessed the out-of-state residential treatment center to determine the center's capacity to provide supportive care, as defined in Section 7.29 of the Children and Family Services Act, including, but not limited to, whether the Department has visited the placement and whether the Department has requested and, if legally accessible, reviewed any history of licensing violations or maltreatment reports for that placement;

(6) if the minor is 8 years of age or older, consistent with Department policy regarding documentation of sensitive identity information, as that term is defined in the Children and Family Services Act, an overview of the individualized placement assessment required under subsection (d) of Section 7.30 of the Children and Family Services Act, including any risk of adverse action identified, as determined by the Department, the Department's plan to mitigate such risk of adverse action; and

(7) an affirmative statement of the minor's preferences regarding placement, and if the minor does not agree to this placement, the minor's explanation; and

(8) if the minor age 8 or older will not be participating in the hearing under this Section, an explanation as to how the Department offered the minor the opportunity to participate, including offering transportation assistance and remote participation opportunities.

(a-5) In addition to any rights the minor may have under Section 1-5 of this Act, if the minor is not already represented by an attorney, the court shall appoint an attorney for the minor upon notification from the Department that the minor requires appointment of an attorney in accordance with subsection (d) or (e) of Section 7.30 of the Children and Family Services Act.

(b) If the out-of-state residential treatment center is a secure facility as defined in paragraph (18) of Section 1-3 of this Act, the requirements of Section 27.1 of this Act shall also be met prior to the minor's placement in the out-of-state residential treatment center.

(c) This Section does not apply to an out-of-state placement of a minor in a family foster home, relative foster home, a home of a parent, or a dormitory or independent living setting of a minor attending a post-secondary educational institution.

(d) The changes made to this Section by this amendatory Act of the 104th General Assembly apply on and after January 1, 2028.