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91_HB3935
LRB9112161WHcs
1 AN ACT to amend certain Acts in relation to parental
2 rights.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Juvenile Court Act of 1987 is amended by
6 changing Section 1-5 as follows:
7 (705 ILCS 405/1-5) (from Ch. 37, par. 801-5)
8 Sec. 1-5. Rights of parties to proceedings.
9 (1) Except as provided in this Section and paragraph (2)
10 of Sections 2-22, 3-23, 4-20, 5-610 or 5-705, the minor who
11 is the subject of the proceeding and his parents, guardian,
12 legal custodian or responsible relative who are parties
13 respondent have the right to be present, to be heard, to
14 present evidence material to the proceedings, to
15 cross-examine witnesses, to examine pertinent court files and
16 records and also, although proceedings under this Act are not
17 intended to be adversary in character, the right to be
18 represented by counsel. At the request of any party
19 financially unable to employ counsel, with the exception of a
20 foster parent permitted to intervene under this Section, the
21 court shall appoint the Public Defender or such other counsel
22 as the case may require. Counsel appointed for the minor and
23 any indigent party shall appear at all stages of the trial
24 court proceeding, and such appointment shall continue through
25 the permanency hearings and termination of parental rights
26 proceedings subject to withdrawal or substitution pursuant to
27 Supreme Court Rules or the Code of Civil Procedure. Following
28 the dispositional hearing, the court may require appointed
29 counsel, other than counsel for the minor or counsel for the
30 guardian ad litem, to withdraw his or her appearance upon
31 failure of the party for whom counsel was appointed under
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1 this Section to attend any subsequent proceedings.
2 No hearing on any petition or motion filed under this Act
3 may be commenced unless the minor who is the subject of the
4 proceeding is represented by counsel. Each adult respondent
5 shall be furnished a written "Notice of Rights" at or before
6 the first hearing at which he or she appears.
7 (1.5) The Department shall maintain a system of response
8 to inquiry made by parents or putative parents as to whether
9 their child is under the custody or guardianship of the
10 Department; and if so, the Department shall direct the
11 parents or putative parents to the appropriate court of
12 jurisdiction, including where inquiry may be made of the
13 clerk of the court regarding the case number and the next
14 scheduled court date of the minor's case. Effective notice
15 and the means of accessing information shall be given to the
16 public on a continuing basis by the Department.
17 (2) (a) Though not appointed guardian or legal custodian
18 or otherwise made a party to the proceeding, any current or
19 previously appointed foster parent or relative caregiver, or
20 representative of an agency or association interested in the
21 minor has the right to be heard by the court, but does not
22 thereby become a party to the proceeding.
23 In addition to the foregoing right to be heard by the
24 court, any current foster parent or relative caregiver of a
25 minor and the agency designated by the court or the
26 Department of Children and Family Services as custodian of
27 the minor who is alleged to be or has been adjudicated an
28 abused or neglected minor under Section 2-3 or a dependent
29 minor under Section 2-4 of this Act has the right to and
30 shall be given adequate notice at all stages of any hearing
31 or proceeding under this Act.
32 Any foster parent or relative caregiver who is denied his
33 or her right to be heard under this Section may bring a
34 mandamus action under Article XIV of the Code of Civil
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1 Procedure against the court or any public agency to enforce
2 that right. The mandamus action may be brought immediately
3 upon the denial of those rights but in no event later than 30
4 days after the foster parent has been denied the right to be
5 heard.
6 (b) If after an adjudication that a minor is abused or
7 neglected as provided under Section 2-21 of this Act and a
8 motion has been made to restore the minor to any parent,
9 guardian, or legal custodian found by the court to have
10 caused the neglect or to have inflicted the abuse on the
11 minor, a foster parent may file a motion to intervene in the
12 proceeding for the sole purpose of requesting that the minor
13 be placed with the foster parent, provided that the foster
14 parent (i) is the current foster parent of the minor or (ii)
15 has previously been a foster parent for the minor for one
16 year or more, has a foster care license or is eligible for a
17 license, and is not the subject of any findings of abuse or
18 neglect of any child. The juvenile court may only enter
19 orders placing a minor with a specific foster parent under
20 this subsection (2)(b) and nothing in this Section shall be
21 construed to confer any jurisdiction or authority on the
22 juvenile court to issue any other orders requiring the
23 appointed guardian or custodian of a minor to place the minor
24 in a designated foster home or facility. This Section is not
25 intended to encompass any matters that are within the scope
26 or determinable under the administrative and appeal process
27 established by rules of the Department of Children and Family
28 Services under Section 5(o) of the Children and Family
29 Services Act. Nothing in this Section shall relieve the
30 court of its responsibility, under Section 2-14(a) of this
31 Act to act in a just and speedy manner to reunify families
32 where it is the best interests of the minor and the child can
33 be cared for at home without endangering the child's health
34 or safety and, if reunification is not in the best interests
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1 of the minor, to find another permanent home for the minor.
2 Nothing in this Section, or in any order issued by the court
3 with respect to the placement of a minor with a foster
4 parent, shall impair the ability of the Department of
5 Children and Family Services, or anyone else authorized under
6 Section 5 of the Abused and Neglected Child Reporting Act, to
7 remove a minor from the home of a foster parent if the
8 Department of Children and Family Services or the person
9 removing the minor has reason to believe that the
10 circumstances or conditions of the minor are such that
11 continuing in the residence or care of the foster parent will
12 jeopardize the child's health and safety or present an
13 imminent risk of harm to that minor's life.
14 (c) If a foster parent has had the minor who is the
15 subject of the proceeding under Article II in his or her home
16 for more than one year on or after July 3, 1994 and if the
17 minor's placement is being terminated from that foster
18 parent's home, that foster parent shall have standing and
19 intervenor status except in those circumstances where the
20 Department of Children and Family Services or anyone else
21 authorized under Section 5 of the Abused and Neglected Child
22 Reporting Act has removed the minor from the foster parent
23 because of a reasonable belief that the circumstances or
24 conditions of the minor are such that continuing in the
25 residence or care of the foster parent will jeopardize the
26 child's health or safety or presents an imminent risk of harm
27 to the minor's life.
28 (d) The court may grant standing to any foster parent if
29 the court finds that it is in the best interest of the child
30 for the foster parent to have standing and intervenor status.
31 (3) Parties respondent are entitled to notice in
32 compliance with Sections 2-15 and 2-16, 3-17 and 3-18, 4-14
33 and 4-15 or 5-525 and 5-530, as appropriate. At the first
34 appearance before the court by the minor, his parents,
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1 guardian, custodian or responsible relative, the court shall
2 explain the nature of the proceedings and inform the parties
3 of their rights under the first 2 paragraphs of this Section.
4 If the child is alleged to be abused, neglected or
5 dependent, the court shall admonish the parents that if the
6 court declares the child to be a ward of the court and awards
7 custody or guardianship to the Department of Children and
8 Family Services, the parents must cooperate with the
9 Department of Children and Family Services, comply with the
10 terms of the service plans, and correct the conditions that
11 require the child to be in care, or risk termination of their
12 parental rights.
13 Upon an adjudication of wardship of the court under
14 Sections 2-22, 3-23, 4-20 or 5-705, the court shall inform
15 the parties of their right to appeal therefrom as well as
16 from any other final judgment of the court.
17 When the court finds that a child is an abused,
18 neglected, or dependent minor under Section 2-21, the court
19 shall admonish the parents that the parents must cooperate
20 with the Department of Children and Family Services, comply
21 with the terms of the service plans, and correct the
22 conditions that require the child to be in care, or risk
23 termination of their parental rights.
24 When the court declares a child to be a ward of the court
25 and awards guardianship to the Department of Children and
26 Family Services under Section 2-22, the court shall admonish
27 the parents, guardian, custodian, or responsible relative
28 that the parents must cooperate with the Department of
29 Children and Family Services, comply with the terms of the
30 service plans, and correct the conditions that require the
31 child to be in care, or risk termination of their parental
32 rights.
33 (4) No sanction may be applied against the minor who is
34 the subject of the proceedings by reason of his refusal or
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1 failure to testify in the course of any hearing held prior to
2 final adjudication under Section 2-22, 3-23, 4-20 or 5-705.
3 (5) In the discretion of the court, the minor may be
4 excluded from any part or parts of a dispositional hearing
5 and, with the consent of the parent or parents, guardian,
6 counsel or a guardian ad litem, from any part or parts of an
7 adjudicatory hearing.
8 (6) The general public except for the news media and the
9 victim shall be excluded from any hearing and, except for the
10 persons specified in this Section only persons, including
11 representatives of agencies and associations, who in the
12 opinion of the court have a direct interest in the case or in
13 the work of the court shall be admitted to the hearing.
14 However, the court may, for the minor's safety and protection
15 and for good cause shown, prohibit any person or agency
16 present in court from further disclosing the minor's
17 identity.
18 (7) A party shall not be entitled to exercise the right
19 to a substitution of a judge without cause under subdivision
20 (a)(2) of Section 2-1001 of the Code of Civil Procedure in a
21 proceeding under this Act if the judge is currently assigned
22 to a proceeding involving the alleged abuse, neglect, or
23 dependency of the minor's sibling or half sibling and that
24 judge has made a substantive ruling in the proceeding
25 involving the minor's sibling or half sibling.
26 (8) Notwithstanding any other provision of law, all
27 contested proceedings under this Act in which the termination
28 of a parent's parental rights is sought shall be tried by a
29 jury. In all such proceedings, no jury demand is required
30 and the right to a trial by jury may not be waived.
31 (Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-590,
32 eff. 1-1-99; 90-608, eff. 6-30-98; 91-357, eff. 7-29-99.)
33 Section 10. The Adoption Act is amended by changing
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1 Section 20 as follows:
2 (750 ILCS 50/20) (from Ch. 40, par. 1524)
3 Sec. 20. Practice. The provisions of the Civil Practice
4 Law and all existing and future amendments of that Law and
5 the Supreme Court Rules now or hereafter adopted in relation
6 to that Law shall apply to all adoption proceedings except as
7 otherwise specifically provided in this Act.
8 Proceedings under this Act shall receive priority over
9 other civil cases in being set for hearing.
10 No matters not germane to the distinctive purpose of a
11 proceeding under this Act shall be introduced by joinder,
12 counterclaim or otherwise.
13 Notwithstanding any other provision of law, all contested
14 proceedings under this Act in which the termination of a
15 parent's parental rights is sought shall be tried by a jury.
16 In all such proceedings, no jury demand is required and the
17 right to a trial by jury may not be waived.
18 An appeal from a judgment order for adoption or other
19 appealable orders under this Act shall be prosecuted and
20 heard on an expedited basis, unless good cause for doing
21 otherwise is shown.
22 In the event a judgment order for adoption is vacated or
23 a petition for adoption is denied, the court shall promptly
24 conduct a hearing as to the temporary and permanent custody
25 of the minor child who is the subject of the proceedings
26 pursuant to Part VI of the Illinois Marriage and Dissolution
27 of Marriage Act. The parties to said proceedings shall be
28 the petitioners to the adoption proceedings, the minor child,
29 any biological parents whose parental rights have not been
30 terminated, and other parties who have been granted leave to
31 intervene in the proceedings.
32 This Act shall be liberally construed, and the rule that
33 statutes in derogation of the common law must be strictly
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1 construed shall not apply to this Act.
2 All defects in pleadings, either in form or substance,
3 not objected to prior to the entry of final judgment, shall
4 be deemed to be waived.
5 As to persons over whom the court had jurisdiction or
6 persons claiming under them, it shall be no basis for attack
7 as to the validity of an adoption judgment that the court
8 lacked jurisdiction over some other person or persons over
9 whom it should have had jurisdiction. If, upon attack by a
10 person or persons over whom the court lacked jurisdiction, or
11 persons claiming under them, an adoption judgment is set
12 aside, it shall be set aside only insofar as it affects such
13 person or persons.
14 The provisions of this Section shall apply to all cases
15 pending on or after July 3, 1994.
16 (Source: P.A. 89-315, eff. 1-1-96; 90-655, eff. 7-30-98.)