Public Act 0518 97TH GENERAL ASSEMBLY
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Public Act 097-0518
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| SB1292 Enrolled | LRB097 02706 RLC 42725 b |
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AN ACT concerning courts.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Juvenile Court Act of 1987 is amended by |
changing Section 5-745 as follows:
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(705 ILCS 405/5-745)
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Sec. 5-745. Court review.
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(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,
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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
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minor to
the custody of his or her parents or former guardian |
or legal custodian.
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(2) 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
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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
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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.
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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.
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(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 |
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the restoration of the minor to the custody of
his or her |
parents or former guardian or custodian. In the event that the
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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
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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.
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(Source: P.A. 96-178, eff. 1-1-10.)
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