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Public Act 099-0664


 

Public Act 0664 99TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 099-0664
 
HB0114 EnrolledLRB099 03699 RLC 23711 b

    AN ACT concerning courts.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Juvenile Court Act of 1987 is amended by
changing Section 5-745 as follows:
 
    (705 ILCS 405/5-745)
    Sec. 5-745. Court review.
    (1) The court may require any legal custodian or guardian
of the person appointed under this Act, including the
Department of Juvenile Justice for youth committed under
Section 5-750 of this Act, to report periodically to the court
or may cite him or her into court and require him or her, or his
or her agency, to make a full and accurate report of his or her
or its doings in behalf of the minor, including efforts to
secure post-release placement of the youth after release from
the Department's facilities. The legal custodian or guardian,
within 10 days after the citation, shall make the report,
either in writing verified by affidavit or orally under oath in
open court, or otherwise as the court directs. Upon the hearing
of the report the court may remove the legal custodian or
guardian and appoint another in his or her stead or restore the
minor to the custody of his or her parents or former guardian
or legal custodian.
    (2) If the Department of Children and Family Services is
appointed legal custodian or guardian of a minor under this
Act, the Department of Children and Family Services A guardian
or legal custodian appointed by the court under this Act shall
file updated case plans with the court every 6 months. Every
agency which has guardianship of a child shall file a
supplemental petition for court review, or review by an
administrative body appointed or approved by the court and
further order within 18 months of the sentencing order and each
18 months thereafter. The petition shall state facts relative
to the child's present condition of physical, mental and
emotional health as well as facts relative to his or her
present custodial or foster care. The petition shall be set for
hearing and the clerk shall mail 10 days notice of the hearing
by certified mail, return receipt requested, to the person or
agency having the physical custody of the child, the minor and
other interested parties unless a written waiver of notice is
filed with the petition.
    If the minor is in the custody of the Illinois Department
of Children and Family Services, pursuant to an order entered
under this Article, the court shall conduct permanency hearings
as set out in subsections (1), (2), and (3) of Section 2-28 of
Article II of this Act.
    Rights of wards of the court under this Act are enforceable
against any public agency by complaints for relief by mandamus
filed in any proceedings brought under this Act.
    (3) The minor or any person interested in the minor may
apply to the court for a change in custody of the minor and the
appointment of a new custodian or guardian of the person or for
the restoration of the minor to the custody of his or her
parents or former guardian or custodian. In the event that the
minor has attained 18 years of age and the guardian or
custodian petitions the court for an order terminating his or
her guardianship or custody, guardianship or legal custody
shall terminate automatically 30 days after the receipt of the
petition unless the court orders otherwise. No legal custodian
or guardian of the person may be removed without his or her
consent until given notice and an opportunity to be heard by
the court.
    (4) If the minor is committed to the Department of Juvenile
Justice under Section 5-750 of this Act, the Department shall
notify the court in writing of the occurrence of any of the
following:
        (a) a critical incident involving a youth committed to
    the Department; as used in this paragraph (a), "critical
    incident" means any incident that involves a serious risk
    to the life, health, or well-being of the youth and
    includes, but is not limited to, an accident or suicide
    attempt resulting in serious bodily harm or
    hospitalization, psychiatric hospitalization, alleged or
    suspected abuse, or escape or attempted escape from
    custody, filed within 10 days of the occurrence;
        (b) a youth who has been released by the Prisoner
    Review Board but remains in a Department facility solely
    because the youth does not have an approved aftercare
    release host site, filed within 10 days of the occurrence;
        (c) a youth, except a youth who has been adjudicated a
    habitual or violent juvenile offender under Section 5-815
    or 5-820 of this Act or committed for first degree murder,
    who has been held in a Department facility for over one
    consecutive year; or
        (d) if a report has been filed under paragraph (c) of
    this subsection, a supplemental report shall be filed every
    6 months thereafter.
The notification required by this subsection (4) shall contain
a brief description of the incident or situation and a summary
of the youth's current physical, mental, and emotional health
and the actions the Department took in response to the incident
or to identify an aftercare release host site, as applicable.
Upon receipt of the notification, the court may require the
Department to make a full report under subsection (1) of this
Section.
    (5) With respect to any report required to be filed with
the court under this Section, the Independent Juvenile
Ombudsman shall provide a copy to the minor's court appointed
guardian ad litem, if the Department has received written
notice of the appointment, and to the minor's attorney, if the
Department has received written notice of representation from
the attorney. If the Department has a record that a guardian
has been appointed for the minor and a record of the last known
address of the minor's court appointed guardian, the
Independent Juvenile Ombudsman shall send a notice to the
guardian that the report is available and will be provided by
the Independent Juvenile Ombudsman upon request. If the
Department has no record regarding the appointment of a
guardian for the minor, and the Department's records include
the last known addresses of the minor's parents, the
Independent Juvenile Ombudsman shall send a notice to the
parents that the report is available and will be provided by
the Independent Juvenile Ombudsman upon request.
(Source: P.A. 96-178, eff. 1-1-10; 97-518, eff. 1-1-12.)

Effective Date: 1/1/2017