Public Act 101-0079
 
SB1116 EnrolledLRB101 08503 SLF 53580 b


  
    AN ACT concerning minors.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 5. The Children and Family Services Act is amended  
by changing Section 5 as follows:
 

    (20 ILCS 505/5)  (from Ch. 23, par. 5005)

 
  
    Sec. 5. Direct child welfare services; Department of 
Children and Family
Services.   To provide direct child welfare 
services when not available
through other public or private 
child care or program facilities.

    (a) For purposes of this Section:

        (1) "Children" means persons found within the State who 
    are under the
age of 18 years.  The term also includes 
    persons under age 21 who:

            (A) were committed to the Department pursuant to 
        the
Juvenile Court Act or the Juvenile Court Act of 
        1987, as amended, prior to
the age of 18 and who 
        continue under the jurisdiction of the court; or

            (B) were accepted  for care, service and training by

        the Department prior to the age of 18 and whose best 
        interest in the
discretion of the Department would be 
        served by continuing that care,
service and training 
        because of severe emotional disturbances, physical

        disability, social adjustment or any combination 
        thereof, or because of the
need to complete an 
        educational or vocational training program.

        (2) "Homeless youth" means persons found within the

    State who are under the age of 19, are not in a safe and 
    stable living
situation and cannot be reunited with their 
    families.

        (3) "Child welfare services" means public social 
    services which are
directed toward the accomplishment of 
    the following purposes:

            (A) protecting and promoting the health, safety 
        and welfare of
children,
including homeless, dependent 
        or neglected children;

            (B) remedying, or assisting in the solution
of 
        problems which may result in, the neglect, abuse, 
        exploitation or
delinquency of children;

            (C) preventing the unnecessary separation of 
        children
from their families by identifying family 
        problems, assisting families in
resolving their 
        problems, and preventing the breakup of the family

        where the prevention of child removal is desirable and 
        possible when the
child can be cared for at home 
        without endangering the child's health and
safety;

            (D) restoring to their families children who have 
        been
removed, by the provision of services to the child 
        and the families when the
child can be cared for at 
        home without endangering the child's health and

        safety;

            (E) placing children in suitable adoptive homes, 
        in
cases where restoration to the biological family is 
        not safe, possible or
appropriate;

            (F) assuring safe and adequate care of children 
        away from their
homes, in cases where the child cannot 
        be returned home or cannot be placed
for adoption.  At 
        the time of placement, the Department shall consider

        concurrent planning,
as described in subsection (l-1) 
        of this Section so that permanency may
occur at the 
        earliest opportunity.  Consideration should be given so 
        that if
reunification fails or is delayed, the 
        placement made is the best available
placement to 
        provide permanency for the child;

            (G) (blank);

            (H) (blank); and

            (I) placing and maintaining children in facilities 
        that provide
separate living quarters for children 
        under the age of 18 and for children
18 years of age 
        and older, unless a child 18 years of age is in the 
        last
year of high school education or vocational 
        training, in an approved
individual or group treatment 
        program, in a licensed shelter facility,
or secure 
        child care facility.
The Department is not required to 
        place or maintain children:

                (i) who are in a foster home, or

                (ii) who are persons with a developmental 
            disability, as defined in
the Mental
Health and 
            Developmental Disabilities Code, or

                (iii) who are female children who are 
            pregnant, pregnant and
parenting or parenting, or

                (iv) who are siblings, in facilities that 
            provide separate living quarters for children 18

            years of age and older and for children under 18 
            years of age.

    (b) Nothing in this Section shall be construed to authorize 
the
expenditure of public funds for the purpose of performing 
abortions.

    (c) The Department shall establish and maintain 
tax-supported child
welfare services and extend and seek to 
improve voluntary services
throughout the State, to the end 
that services and care shall be available
on an equal basis 
throughout the State to children requiring such services.

    (d) The Director may authorize advance disbursements for 
any new program
initiative to any agency contracting with the 
Department.   As a
prerequisite for an advance  disbursement, the 
contractor must post a
surety bond in the amount of the advance 
disbursement and have a
purchase of service contract approved 
by the Department.  The Department
may pay up to 2 months 
operational expenses in advance.  The amount of the
advance 
disbursement shall be prorated over the life of the contract
or 
the remaining months of the fiscal year, whichever is less, and 
the
installment amount shall then be deducted from future 
bills.  Advance
disbursement authorizations for new initiatives 
shall not be made to any
agency after that agency has operated 
during 2 consecutive fiscal years.
The requirements of this 
Section concerning advance disbursements shall
not apply with 
respect to the following:  payments to local public agencies
for 
child day care services as authorized by Section 5a of this 
Act; and
youth service programs receiving grant funds under 
Section 17a-4.

    (e) (Blank).

    (f) (Blank).

    (g) The Department shall establish rules and regulations 
concerning
its operation of programs designed to meet the goals 
of child safety and
protection,
family preservation, family 
reunification, and adoption, including but not
limited to:

        (1) adoption;

        (2) foster care;

        (3) family counseling;

        (4) protective services;

        (5) (blank);

        (6) homemaker service;

        (7) return of runaway children;

        (8) (blank);

        (9) placement under Section 5-7 of the Juvenile Court 
    Act or
Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile 
    Court Act of 1987 in
accordance with the federal Adoption 
    Assistance and Child Welfare Act of
1980; and


        (10) interstate services.

    Rules and regulations established by the Department shall 
include
provisions for training Department staff and the staff 
of Department
grantees, through contracts with other agencies 
or resources, in screening techniques to identify substance use 
disorders, as defined in the Substance Use Disorder Act, 
approved by the Department of Human
Services, as a successor to 
the Department of Alcoholism and Substance Abuse,
for the 
purpose of identifying children and adults who
should be 
referred for an assessment at an organization appropriately 
licensed by the Department of Human Services for substance use 
disorder treatment.

    (h) If the Department finds that there is no appropriate 
program or
facility within or available to the Department for a 
youth in care and that no
licensed private facility has an 
adequate and appropriate program or none
agrees to accept the 
youth in care, the Department shall create an appropriate

individualized, program-oriented plan for such youth in care.  
The
plan may be developed within the Department or through 
purchase of services
by the Department to the extent that it is 
within its statutory authority
to do.

    (i) Service programs shall be available throughout the 
State and shall
include but not be limited to the following 
services:

        (1) case management;

        (2) homemakers;

        (3) counseling;

        (4) parent education;

        (5) day care; and

        (6) emergency assistance and advocacy.

    In addition, the following services may be made available 
to assess and
meet the needs of children and families:

        (1) comprehensive family-based services;

        (2) assessments;

        (3) respite care; and

        (4) in-home health services.

    The Department shall provide transportation for any of the 
services it
makes available to children or families or for 
which it refers children
or families.

    (j) The Department may provide categories of financial 
assistance and
education assistance grants, and shall

establish rules and regulations concerning the assistance and 
grants, to
persons who
adopt children with physical or mental 
disabilities, children who are older, or other hard-to-place

children who (i) immediately prior to their adoption were youth 
in care or (ii) were determined eligible for financial 
assistance with respect to a
prior adoption and who become 
available for adoption because the
prior adoption has been 
dissolved and the parental rights of the adoptive
parents have 
been
terminated or because the child's adoptive parents have 
died.
The Department may continue to provide financial 
assistance and education assistance grants for a child who was 
determined eligible for financial assistance under this 
subsection (j) in the interim period beginning when the child's 
adoptive parents died and ending with the finalization of the 
new adoption of the child by another adoptive parent or 
parents. The Department may also provide categories of 
financial
assistance and education assistance grants, and

shall establish rules and regulations for the assistance and 
grants, to persons
appointed guardian of the person under 
Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, 
4-25, or 5-740 of the Juvenile Court Act of 1987
for children 
who were youth in care for 12 months immediately
prior to the 
appointment of the guardian.

    The amount of assistance may vary, depending upon the needs 
of the child
and the adoptive parents,
as set forth in the 
annual
assistance agreement.  Special purpose grants are 
allowed where the child
requires special service but such costs 
may not exceed the amounts
which similar services would cost 
the Department if it were to provide or
secure them as guardian 
of the child.

    Any financial assistance provided under this subsection is

inalienable by assignment, sale, execution, attachment, 
garnishment, or any
other remedy for recovery or collection of 
a judgment or debt.

    (j-5) The Department shall not deny or delay the placement 
of a child for
adoption
if an approved family is available 
either outside of the Department region
handling the case,
or 
outside of the State of Illinois.

    (k) The Department shall accept for care and training any 
child who has
been adjudicated neglected or abused, or 
dependent committed to it pursuant
to the Juvenile Court Act or 
the Juvenile Court Act of 1987.

    (l) The Department shall
offer family preservation 
services, as defined in Section 8.2 of the Abused
and
Neglected 
Child
Reporting Act, to help families, including adoptive and 
extended families.
Family preservation
services shall be 
offered (i) to prevent the
placement
of children in
substitute 
care when the children can be cared for at home or in the 
custody of
the person
responsible for the children's welfare,

(ii) to
reunite children with their families, or (iii) to

maintain an adoptive placement.  Family preservation services 
shall only be
offered when doing so will not endanger the 
children's health or safety.  With
respect to children who are 
in substitute care pursuant to the Juvenile Court
Act of 1987, 
family preservation services shall not be offered if a goal 
other
than those of subdivisions (A), (B), or (B-1) of 
subsection (2) of Section 2-28
of
that Act has been set, except 
that reunification services may be offered as provided in 
paragraph (F) of subsection (2) of Section 2-28 of that Act.

Nothing in this paragraph shall be construed to create a 
private right of
action or claim on the part of any individual 
or child welfare agency, except that when a child is  the 
subject of an action under Article II of the Juvenile Court Act 
of 1987 and the child's service plan calls for services to 
facilitate achievement of the permanency goal, the court 
hearing the action under Article II of the Juvenile Court Act 
of 1987 may order the Department to provide the services set 
out in the plan, if those services are not provided with 
reasonable promptness and if those services are available.

    The Department shall notify the child and his family of the

Department's
responsibility to offer and provide family 
preservation services as
identified in the service plan.  The 
child and his family shall be eligible
for services as soon as 
the report is determined to be "indicated".  The
Department may 
offer services to any child or family with respect to whom a

report of suspected child abuse or neglect has been filed, 
prior to
concluding its investigation under Section 7.12 of the 
Abused and Neglected
Child Reporting Act.  However, the child's 
or family's willingness to
accept services shall not be 
considered in the investigation.  The
Department may also 
provide services to any child or family who is the
subject of 
any report of suspected child abuse or neglect or may refer 
such
child or family to services available from other agencies 
in the community,
even if the report is determined to be 
unfounded, if the conditions in the
child's or family's home 
are reasonably likely to subject the child or
family to future 
reports of suspected child abuse or neglect.  Acceptance
of such 
services shall be voluntary. The Department may also provide 
services to any child or family after completion of a family 
assessment, as an alternative to an investigation, as provided 
under the "differential response program" provided for in 
subsection (a-5) of Section 7.4 of the Abused and Neglected 
Child Reporting Act.

    The Department may, at its discretion except for those 
children also
adjudicated neglected or dependent, accept for 
care and training any child
who has been adjudicated addicted, 
as a truant minor in need of
supervision or as a minor 
requiring authoritative intervention, under the
Juvenile Court 
Act or the Juvenile Court Act of 1987, but no such child
shall 
be committed to the Department by any court without the 
approval of
the Department.  On and after January 1, 2015 (the 
effective date of Public Act 98-803) and before January 1, 
2017, a minor charged with a criminal offense under the 
Criminal
Code of 1961 or the Criminal Code of 2012 or 
adjudicated delinquent shall not be placed in the custody of or

committed to the Department by any court, except (i) a minor 
less than 16 years
of age committed to the Department under 
Section 5-710 of the Juvenile Court
Act
of 1987, (ii) a minor 
for whom an independent basis of abuse, neglect, or dependency 
exists, which must be defined by departmental rule, or (iii) a 
minor for whom the court has granted a supplemental petition to 
reinstate wardship pursuant to subsection (2) of Section 2-33 
of the Juvenile Court Act of 1987.  On and after January 1, 
2017, a minor charged with a criminal offense under the 
Criminal
Code of 1961 or the Criminal Code of 2012 or 
adjudicated delinquent shall not be placed in the custody of or

committed to the Department by any court, except (i) a minor 
less than 15 years
of age committed to the Department under 
Section 5-710 of the Juvenile Court
Act
of 1987, ii) a minor 
for whom an independent basis of abuse, neglect, or dependency 
exists, which must be defined by departmental rule, or (iii) a 
minor for whom the court has granted a supplemental petition to 
reinstate wardship pursuant to subsection (2) of Section 2-33 
of the Juvenile Court Act of 1987. An independent basis exists 
when the allegations or adjudication of abuse, neglect, or 
dependency do not arise from the same facts, incident, or 
circumstances which  give rise to a charge or adjudication of 
delinquency. The Department shall
assign a caseworker to attend 
any hearing involving a youth in
the care and custody of the 
Department who is placed on aftercare release, including 
hearings
involving sanctions for violation of aftercare 
release
conditions and aftercare release revocation hearings. 

    As soon as is possible after August 7, 2009 (the effective 
date of Public Act 96-134), the Department shall develop and 
implement a special program of family preservation services to 
support intact, foster, and adoptive families who are 
experiencing extreme hardships due to the difficulty and stress 
of caring for a child who has been diagnosed with a pervasive 
developmental disorder if the Department determines that those 
services are necessary to ensure the health and safety of the 
child. The Department may offer services to any family whether 
or not a report has been filed under the Abused and Neglected 
Child Reporting Act. The Department may refer the child or 
family to services available from other agencies in the 
community if the conditions in the child's or family's home are 
reasonably likely to subject the child or family to future 
reports of suspected child abuse or neglect. Acceptance of 
these services shall be voluntary. The Department shall develop 
and implement a public information campaign to alert health and 
social service providers and the general public about these 
special family preservation services. The nature and scope of 
the services offered and the number of families served under 
the special program implemented under this paragraph shall be 
determined by the level of funding that the Department annually 
allocates for this purpose. The term "pervasive developmental 
disorder" under this paragraph means a neurological condition, 
including but not limited to, Asperger's Syndrome and autism, 
as defined in the most recent edition of the Diagnostic and 
Statistical Manual of Mental Disorders of the American 
Psychiatric Association.
    (l-1) The legislature recognizes that the best interests of 
the child
require that
the child be placed in the most 
permanent living arrangement as soon as is
practically

possible.  To achieve this goal, the legislature directs the 
Department of
Children and
Family Services to conduct 
concurrent planning so that permanency may occur at
the

earliest opportunity.  Permanent living arrangements may 
include prevention of
placement of a child outside the home of 
the family when the child can be cared
for at
home without 
endangering the child's health or safety; reunification with 
the
family,
when safe and appropriate, if temporary placement 
is necessary; or movement of
the child
toward the most 
permanent living arrangement and permanent legal status.

    When determining reasonable efforts to be made with respect 
to a child, as
described in this
subsection, and in making such 
reasonable efforts, the child's health and
safety shall be the

paramount concern.

    When a child is placed in foster care, the Department shall 
ensure and
document that reasonable efforts were made to 
prevent or eliminate the need to
remove the child from the 
child's home.  The Department must make
reasonable efforts to 
reunify the family when temporary placement of the child
occurs

unless otherwise required, pursuant to the Juvenile Court Act 
of 1987.
At any time after the dispositional hearing where the 
Department believes
that further reunification services would 
be ineffective, it may request a
finding from the court that 
reasonable efforts are no longer appropriate.  The
Department is 
not required to provide further reunification services after 
such
a
finding.

    A decision to place a child in substitute care shall be 
made with
considerations of the child's health, safety, and 
best interests.  At the
time of placement, consideration should 
also be given so that if reunification
fails or is delayed, the 
placement made is the best available placement to
provide 
permanency for the child.

    The Department shall adopt rules addressing concurrent 
planning for
reunification and permanency.  The Department 
shall consider the following
factors when determining 
appropriateness of concurrent planning:

        (1) the likelihood of prompt reunification;

        (2) the past history of the family;

        (3) the barriers to reunification being addressed by 
    the family;

        (4) the level of cooperation of the family;

        (5) the foster parents' willingness to work with the 
    family to reunite;

        (6) the willingness and ability of the foster family to 
    provide an
adoptive
home or long-term placement;

        (7) the age of the child;

        (8) placement of siblings.

    (m) The Department may assume temporary custody of any 
child if:

        (1) it has received a written consent to such temporary 
    custody
signed by the parents of the child or by the parent 
    having custody of the
child if the parents are not living 
    together or by the guardian or
custodian of the child if 
    the child is not in the custody of either
parent, or

        (2) the child is found in the State and neither a 
    parent,
guardian nor custodian of the child can be located.

If the child is found in his or her residence without a parent, 
guardian,
custodian or responsible caretaker, the Department 
may, instead of removing
the child and assuming temporary 
custody, place an authorized
representative of the Department 
in that residence until such time as a
parent, guardian or 
custodian enters the home and expresses a willingness
and 
apparent ability to ensure the child's health and safety and 
resume
permanent
charge of the child, or until a
relative 
enters the home and is willing and able to ensure the child's 
health
and
safety and assume charge of the
child until a 
parent, guardian or custodian enters the home and expresses

such willingness and ability to ensure the child's safety and 
resume
permanent charge.  After a caretaker has remained in the 
home for a period not
to exceed 12 hours, the Department must 
follow those procedures outlined in
Section 2-9, 3-11, 4-8, or 
5-415 of the Juvenile Court Act
of 1987.

    The Department shall have the authority, responsibilities 
and duties that
a legal custodian of the child would have 
pursuant to subsection (9) of
Section 1-3 of the Juvenile Court 
Act of 1987.  Whenever a child is taken
into temporary custody 
pursuant to an investigation under the Abused and
Neglected 
Child Reporting Act, or pursuant to a referral and acceptance

under the Juvenile Court Act of 1987 of a minor in limited 
custody, the
Department, during the period of temporary custody 
and before the child
is brought before a judicial officer as 
required by Section 2-9, 3-11,
4-8, or 5-415 of the Juvenile 
Court Act of 1987, shall have
the authority, responsibilities 
and duties that a legal custodian of the child
would have under 
subsection (9) of Section 1-3 of the Juvenile Court Act of

1987.

    The Department shall ensure that any child taken into 
custody
is scheduled for an appointment for a medical 
examination.

    A parent, guardian or custodian of a child in the temporary 
custody of the
Department who would have custody of the child 
if he were not in the
temporary custody of the Department may 
deliver to the Department a signed
request that the Department 
surrender the temporary custody of the child.
The Department 
may retain temporary custody of the child for 10 days after
the 
receipt of the request, during which period the Department may 
cause to
be filed a petition pursuant to the Juvenile Court Act 
of 1987.  If a
petition is so filed, the Department shall retain 
temporary custody of the
child until the court orders 
otherwise.  If a petition is not filed within
the 10-day period, 
the child shall be surrendered to the custody of the
requesting 
parent, guardian or custodian not later than the expiration of

the 10-day period, at which time the authority and duties of 
the Department
with respect to the temporary custody of the 
child shall terminate.

    (m-1) The Department may place children under 18 years of 
age in a secure
child care facility licensed by the Department 
that cares for children who are
in need of secure living 
arrangements for their health, safety, and well-being
after a 
determination is made by the facility director and the Director 
or the
Director's designate prior to admission to the facility 
subject to Section
2-27.1 of the Juvenile Court Act of 1987.  
This subsection (m-1) does not apply
to a child who is subject 
to placement in a correctional facility operated
pursuant to 
Section 3-15-2 of the Unified Code of Corrections, unless the

child is a youth in care who was placed in the care of the 
Department before being
subject to placement in a correctional 
facility and a court of competent
jurisdiction has ordered 
placement of the child in a secure care facility.

    (n) The Department may place children under 18 years of age 
in
licensed child care facilities when in the opinion of the 
Department,
appropriate services aimed at family preservation 
have been unsuccessful and
cannot ensure the child's health and 
safety or are unavailable and such
placement would be for their 
best interest.  Payment
for board, clothing, care, training and 
supervision of any child placed in
a licensed child care 
facility may be made by the Department, by the
parents or 
guardians of the estates of those children, or by both the

Department and the parents or guardians, except that no 
payments shall be
made by the Department for any child placed 
in a licensed child care
facility for board, clothing, care, 
training and supervision of such a
child that exceed the 
average per capita cost of maintaining and of caring
for a 
child in institutions for dependent or neglected children 
operated by
the Department.  However, such restriction on 
payments does not apply in
cases where children require 
specialized care and treatment for problems of
severe emotional 
disturbance, physical disability, social adjustment, or
any 
combination thereof and suitable facilities for the placement 
of such
children are not available at payment rates within the 
limitations set
forth in this Section. All reimbursements for 
services delivered shall be
absolutely inalienable by 
assignment, sale, attachment, garnishment or
otherwise.

    (n-1) The Department shall provide or authorize child 
welfare services, aimed at assisting minors to achieve 
sustainable self-sufficiency as independent adults, for any 
minor eligible for the reinstatement of wardship pursuant to 
subsection (2) of Section 2-33 of the Juvenile Court Act of 
1987, whether or not such reinstatement is sought or allowed, 
provided that the minor consents to such services and has not 
yet attained the age of 21. The Department shall have 
responsibility for the development and delivery of services 
under this Section.  An eligible youth may access services under 
this Section through the Department of Children and Family 
Services or by referral from the Department of Human Services. 
Youth participating in services under this Section shall 
cooperate with the assigned case manager in developing an 
agreement identifying the services to be provided and how the 
youth will increase skills to achieve self-sufficiency.  A 
homeless shelter is not considered appropriate housing for any 
youth receiving child welfare services under this Section.  The 
Department shall continue child welfare services under this 
Section to any eligible minor until the minor becomes 21 years 
of age, no longer consents to participate, or achieves 
self-sufficiency as identified in the minor's service plan.  The 
Department of Children and Family Services shall create clear, 
readable notice of the rights of former foster youth to child 
welfare services under this Section and how such services may 
be obtained.  The Department of Children and Family Services and 
the Department of Human Services shall disseminate this 
information statewide.  The Department shall adopt regulations 
describing services intended to assist minors in achieving 
sustainable self-sufficiency as independent adults. 
    (o) The Department shall establish an administrative 
review and appeal
process for children and families who request 
or receive child welfare
services from the Department.  Youth in 
care who are placed by private child welfare agencies, and 
foster families with whom
those youth are placed, shall be 
afforded the same procedural and appeal
rights as children and 
families in the case of placement by the Department,
including 
the right to an  initial review of a private agency decision by

that agency.  The Department shall ensure that any private child 
welfare
agency, which accepts youth in care for placement, 
affords those
rights to children and foster families.  The 
Department shall accept for
administrative review and an appeal 
hearing a complaint made by (i) a child
or foster family 
concerning a decision following an initial review by a
private 
child welfare agency or (ii) a prospective adoptive parent who 
alleges
a violation of subsection (j-5) of this Section.  An 
appeal of a decision
concerning a change in the placement of a 
child shall be conducted in an
expedited manner. A court 
determination that a current foster home placement is necessary 
and appropriate under Section 2-28 of the Juvenile Court Act of 
1987 does not constitute a judicial determination on the merits 
of an administrative appeal, filed by a former foster parent, 
involving a change of placement decision.

    (p) (Blank).

    (q) The Department may receive and use, in their entirety, 
for the
benefit of children any gift, donation or bequest of 
money or other
property which is received on behalf of such 
children, or any financial
benefits to which such children are 
or may become entitled while under
the jurisdiction or care of 
the Department.

    The Department shall set up and administer no-cost, 
interest-bearing accounts in appropriate financial 
institutions
for children for whom the Department is legally 
responsible and who have been
determined eligible for Veterans' 
Benefits, Social Security benefits,
assistance allotments from 
the armed forces, court ordered payments, parental
voluntary 
payments, Supplemental Security Income, Railroad Retirement

payments, Black Lung benefits, or other miscellaneous 
payments.  Interest
earned by each account shall be credited to 
the account, unless
disbursed in accordance with this 
subsection.

    In disbursing funds from children's accounts, the 
Department
shall:

        (1) Establish standards in accordance with State and 
    federal laws for
disbursing money from children's 
    accounts.  In all
circumstances,
the Department's 
    "Guardianship Administrator" or his or her designee must

    approve disbursements from children's accounts.  The 
    Department
shall be responsible for keeping complete 
    records of all disbursements for each account for any 
    purpose.

        (2) Calculate on a monthly basis the amounts paid from 
    State funds for the
child's board and care, medical care 
    not covered under Medicaid, and social
services; and 
    utilize funds from the child's account, as
covered by 
    regulation, to reimburse those costs.  Monthly, 
    disbursements from
all children's accounts, up to 1/12 of 
    $13,000,000, shall be
deposited by the Department into the 
    General Revenue Fund and the balance over
1/12 of 
    $13,000,000 into the DCFS Children's Services Fund.

        (3) Maintain any balance remaining after reimbursing 
    for the child's costs
of care, as specified in item (2). 
    The balance shall accumulate in accordance
with relevant 
    State and federal laws and shall be disbursed to the child 
    or his
or her guardian, or to the issuing agency.

    (r) The Department shall promulgate regulations 
encouraging all adoption
agencies to voluntarily forward to the 
Department or its agent names and
addresses of all persons who 
have applied for and have been approved for
adoption of a 
hard-to-place child or child with a disability and the names of 
such
children who have not been placed for adoption. A list of 
such names and
addresses shall be maintained by the Department 
or its agent, and coded
lists which maintain the 
confidentiality of the person seeking to adopt the
child and of 
the child shall be made available, without charge, to every

adoption agency in the State to assist the agencies in placing 
such
children for adoption. The Department may delegate to an 
agent its duty to
maintain and make available such lists.  The 
Department shall ensure that
such agent maintains the 
confidentiality of the person seeking to adopt the
child and of 
the child.

    (s) The Department of Children and Family Services may 
establish and
implement a program to reimburse Department and 
private child welfare
agency foster parents licensed by the 
Department of Children and Family
Services for damages 
sustained by the foster parents as a result of the
malicious or 
negligent acts of foster children, as well as providing third

party coverage for such foster parents with regard to actions 
of foster
children to other individuals.  Such coverage will be 
secondary to the
foster parent liability insurance policy, if 
applicable.  The program shall
be funded through appropriations 
from the General Revenue Fund,
specifically designated for such 
purposes.

    (t) The Department shall perform home studies and 
investigations and
shall exercise supervision over visitation 
as ordered by a court pursuant
to the Illinois Marriage and 
Dissolution of Marriage Act or the Adoption
Act only if:

        (1) an order entered by an Illinois court specifically

    directs the Department to perform such services; and

        (2) the court has ordered one or both of the parties to

    the proceeding to reimburse the Department for its 
    reasonable costs for
providing such services in accordance 
    with Department rules, or has
determined that neither party 
    is financially able to pay.

    The Department shall provide written notification to the 
court of the
specific arrangements for supervised visitation 
and projected monthly costs
within 60 days of the court order. 
The Department shall send to the court
information related to 
the costs incurred except in cases where the court
has 
determined the parties are financially unable to pay. The court 
may
order additional periodic reports as appropriate.

    (u) In addition to other information that must be provided, 
whenever the Department places a child with a prospective 
adoptive parent or parents or in a licensed foster home,
group 
home, child care institution, or in a relative home, the 
Department
shall provide to the prospective adoptive parent or 
parents or other caretaker:

        (1) available detailed information concerning the 
    child's educational
and health history, copies of 
    immunization records (including insurance
and medical card 
    information), a history of the child's previous 
    placements,
if any, and reasons for placement changes 
    excluding any information that
identifies or reveals the 
    location of any previous caretaker;

        (2) a copy of the child's portion of the client service 
    plan, including
any visitation arrangement, and all 
    amendments or revisions to it as
related to the child; and

        (3) information containing details of the child's 
    individualized
educational plan when the child is 
    receiving special education services.

    The caretaker shall be informed of any known social or 
behavioral
information (including, but not limited to, 
criminal background, fire
setting, perpetuation of
sexual 
abuse, destructive behavior, and substance abuse) necessary to 
care
for and safeguard the children to be placed or currently 
in the home. The Department may prepare a written summary of 
the information required by this paragraph, which may be 
provided to the foster or prospective adoptive parent in 
advance of a placement. The foster or prospective adoptive 
parent may review the supporting documents in the child's file 
in the presence of casework staff. In the case of an emergency 
placement, casework staff shall at least provide known 
information verbally, if necessary, and must subsequently 
provide the information in writing as required by this 
subsection.

    The information described in this subsection shall be 
provided in writing. In the case of emergency placements when 
time does not allow prior review, preparation, and collection 
of written information, the Department shall provide such 
information as it becomes available. Within 10 business days 
after placement, the Department shall obtain from the 
prospective adoptive parent or parents or other caretaker a 
signed verification of receipt of the information provided. 
Within 10 business days after placement, the Department shall 
provide to the child's guardian ad litem a copy of the 
information provided to the prospective adoptive parent or 
parents or other caretaker. The information provided to the 
prospective adoptive parent or parents or other caretaker shall 
be reviewed and approved regarding accuracy at the supervisory 
level.


    (u-5) Effective July 1, 1995, only foster care placements 
licensed as
foster family homes pursuant to the Child Care Act 
of 1969 shall be eligible to
receive foster care payments from 
the Department.
Relative caregivers who, as of July 1, 1995, 
were approved pursuant to approved
relative placement rules 
previously promulgated by the Department at 89 Ill.
Adm. Code 
335 and had submitted an application for licensure as a foster 
family
home may continue to receive foster care payments only 
until the Department
determines that they may be licensed as a 
foster family home or that their
application for licensure is 
denied or until September 30, 1995, whichever
occurs first.

    (v) The Department shall access criminal history record 
information
as defined in the Illinois Uniform Conviction 
Information Act and information
maintained in the adjudicatory 
and dispositional record system as defined in
Section 2605-355 
of the
Department of State Police Law (20 ILCS 2605/2605-355)

if the Department determines the information is necessary to 
perform its duties
under the Abused and Neglected Child 
Reporting Act, the Child Care Act of 1969,
and the Children and 
Family Services Act.  The Department shall provide for

interactive computerized communication and processing 
equipment that permits
direct on-line communication with the 
Department of State Police's central
criminal history data 
repository.  The Department shall comply with all
certification 
requirements and provide certified operators who have been

trained by personnel from the Department of State Police.  In 
addition, one
Office of the Inspector General investigator 
shall have training in the use of
the criminal history 
information access system and have
access to the terminal.  The 
Department of Children and Family Services and its
employees 
shall abide by rules and regulations established by the 
Department of
State Police relating to the access and 
dissemination of
this information.

    (v-1) Prior to final approval for placement of a child, the 
Department shall conduct a criminal records background check of 
the prospective foster or adoptive parent, including 
fingerprint-based checks of national crime information 
databases.   Final approval for placement shall not be granted if 
the record check reveals a felony conviction for child abuse or 
neglect, for spousal abuse, for a crime against children, or 
for a crime involving violence, including rape, sexual assault, 
or homicide, but not including other physical assault or 
battery, or if there is a felony conviction for physical 
assault, battery, or a drug-related offense committed within 
the past 5 years.
    (v-2) Prior to final approval for placement of a child, the 
Department shall check its child abuse and neglect registry for 
information concerning prospective foster and adoptive 
parents, and any adult living in the home.  If any prospective 
foster or adoptive parent or other adult living in the home has 
resided in another state in the preceding 5 years, the 
Department shall request a check of that other state's child 
abuse and neglect registry.

    (w) Within 120 days of August 20, 1995 (the effective date 
of Public Act
89-392), the Department shall prepare and submit 
to the Governor and the
General Assembly, a written plan for 
the development of in-state licensed
secure child care 
facilities that care for children who are in need of secure

living
arrangements for their health, safety, and well-being.  
For purposes of this
subsection, secure care facility shall 
mean a facility that is designed and
operated to ensure that 
all entrances and exits from the facility, a building
or a 
distinct part of the building, are under the exclusive control 
of the
staff of the facility, whether or not the child has the 
freedom of movement
within the perimeter of the facility, 
building, or distinct part of the
building.  The plan shall 
include descriptions of the types of facilities that
are needed 
in Illinois; the cost of developing these secure care 
facilities;
the estimated number of placements; the potential 
cost savings resulting from
the movement of children currently 
out-of-state who are projected to be
returned to Illinois; the 
necessary geographic distribution of these
facilities in 
Illinois; and a proposed timetable for development of such

facilities.
    (x) The Department shall conduct annual credit history 
checks to determine the financial history of children placed 
under its guardianship pursuant to the Juvenile Court Act of 
1987. The Department shall conduct such credit checks starting 
when a youth in care turns 12 years old and each year 
thereafter for the duration of the guardianship as terminated 
pursuant to the Juvenile Court Act of 1987. The Department 
shall determine if financial exploitation of the child's 
personal information has occurred. If financial exploitation 
appears to have taken place or is presently ongoing, the 
Department shall notify the proper law enforcement agency, the 
proper State's Attorney, or the Attorney General.
    (y) Beginning on July 22, 2010 (the effective date of 
Public Act 96-1189), a child with a disability who receives 
residential and educational services from the Department shall 
be eligible to receive transition services in accordance with 
Article 14 of the School Code from the age of 14.5 through age 
21, inclusive, notwithstanding the child's residential 
services arrangement. For purposes of this subsection, "child 
with a disability" means a child with a disability as defined 
by the federal Individuals with Disabilities Education 
Improvement Act of 2004. 
    (z)  The Department shall access criminal history record 
information as defined as "background information" in this 
subsection and criminal history record information as defined 
in the Illinois Uniform Conviction Information Act for each 
Department employee or Department applicant.  Each Department 
employee or Department applicant shall submit his or her 
fingerprints to the Department of State Police in the form and 
manner prescribed by the Department of State Police.  These 
fingerprints shall be checked against the fingerprint records 
now and hereafter filed in the Department of State Police and 
the Federal Bureau of Investigation criminal history records 
databases.  The Department of State Police shall charge a fee 
for conducting the criminal history record check, which shall 
be deposited into the State Police Services Fund and shall not 
exceed the actual cost of the record check.  The Department of 
State Police shall furnish, pursuant to positive 
identification, all Illinois conviction information to the 
Department of Children and Family Services. 
    For purposes of this subsection: 
    "Background information" means all of the following: 
        (i) Upon the request of the Department of Children and 
    Family Services, conviction information obtained from the 
    Department of State Police as a result of a 
    fingerprint-based criminal history records check of the 
    Illinois criminal history records database and the Federal 
    Bureau of Investigation criminal history records database 
    concerning a Department employee or Department applicant. 
        (ii) Information obtained by the Department of 
    Children and Family Services after performing a check of 
    the Department of State Police's Sex Offender Database, as 
    authorized by Section 120 of the Sex Offender Community  
    Notification Law, concerning a Department employee or 
    Department applicant. 
        (iii) Information obtained by the Department of 
    Children and Family Services after performing a check of 
    the Child Abuse and Neglect Tracking System (CANTS) 
    operated and maintained by the Department. 
    "Department employee" means a full-time or temporary 
employee coded or certified within the State of Illinois 
Personnel System. 
    "Department applicant" means an individual who has  
conditional Department full-time or part-time work, a 
contractor, an individual used to replace or supplement staff,    
an academic intern, a volunteer in Department offices or on 
Department contracts, a work-study student, an individual or 
entity licensed by the Department, or an unlicensed service  
provider who works as a condition of a contract or an agreement  
and whose work may bring the unlicensed service provider into 
contact with Department clients or client records. 
(Source: P.A. 99-143, eff. 7-27-15; 99-933, eff. 1-27-17; 
100-159, eff. 8-18-17; 100-522, eff. 9-22-17; 100-759, eff. 
1-1-19; 100-863, eff. 8-14-18; 100-978, eff. 8-19-18; revised 
10-3-18.)
 
    Section 10. The Juvenile Court Act of 1987 is amended  by 
changing Sections 2-3, 2-4, 2-23, 2-27, and 5-710 as follows:
 
    (705 ILCS 405/2-3)  (from Ch. 37, par. 802-3)
    Sec. 2-3. Neglected or abused minor. 
    (1) Those who are neglected include:
        (a) any minor under 18 years of age or a minor 18 years 
    of age or older for whom the court has made a finding of 
    probable cause to believe that the minor is abused, 
    neglected, or dependent under subsection (1) of Section 
    2-10 prior to the minor's 18th birthday who is not 
    receiving
the proper or necessary support, education as

    required by law, or medical or other remedial care 
    recognized under
State law as necessary for a minor's 
    well-being, or other care necessary
for his or her 
    well-being, including adequate food, clothing and shelter,

    or who is abandoned by his or her parent or parents or 
    other person or persons responsible for
the minor's 
    welfare, except that a minor shall not be considered 
    neglected
for the sole reason that the minor's parent or 
    parents or other person or persons responsible for the

    minor's welfare have left the minor in the care of an adult 
    relative for any
period of time, who the parent or parents 
    or other person responsible for the minor's welfare know is 
    both a mentally capable adult relative and physically 
    capable adult relative, as defined by this Act; or
        (b) any minor under 18 years of age or a minor 18 years 
    of age or older for whom the court has made a finding of 
    probable cause to believe that the minor is abused, 
    neglected, or dependent under subsection (1) of Section 
    2-10 prior to the minor's 18th birthday whose environment 
    is injurious
to his or her welfare; or
        (c) any newborn infant whose blood, urine, or meconium

    contains any amount of a
controlled substance as defined in 
    subsection (f) of Section 102 of the
Illinois Controlled 
    Substances Act, as now or hereafter amended, or a

    metabolite of a controlled substance, with the exception of 
    controlled
substances or metabolites of such substances, 
    the presence of which in the
newborn infant is the result 
    of medical treatment administered to the
mother or the 
    newborn infant; or
        (d) any minor under the age of 14 years whose parent or 
    other person
responsible for the minor's welfare leaves the 
    minor without
supervision for an unreasonable period of 
    time without regard for the mental or
physical health, 
    safety, or welfare of that minor; or
        (e) any minor who has been provided with interim crisis 
    intervention
services under Section 3-5 of this Act and  
    whose parent, guardian, or custodian
refuses to permit the 
    minor to return home unless the minor is an immediate 
    physical danger to himself, herself, or others living in 
    the home.

    Whether the minor was left without regard for the mental or 
physical health,
safety, or welfare of that minor or the period 
of time was unreasonable shall
be determined by considering the 
following factors, including but not limited
to:
        (1) the age of the minor;
        (2) the number of minors left at the location;
        (3) special needs of the minor, including whether the 
    minor is a person with a physical or mental disability, or 
    otherwise in need of ongoing prescribed medical
treatment 
    such as periodic doses of insulin or other medications;
        (4) the duration of time in which the minor was left 
    without supervision;
        (5) the condition and location of the place where the 
    minor was left
without supervision;
        (6) the time of day or night when the minor was left 
    without supervision;
        (7) the weather conditions, including whether the 
    minor was left in a
location with adequate protection from 
    the natural elements such as adequate
heat or light;
        (8) the location of the parent or guardian at the time 
    the minor was left
without supervision, the physical 
    distance the minor was from the parent or
guardian at the 
    time the minor was without supervision;
        (9) whether the minor's movement was restricted, or the 
    minor was
otherwise locked within a room or other 
    structure;
        (10) whether the minor was given a phone number of a 
    person or location to
call in the event of an emergency and 
    whether the minor was capable of making
an emergency call;
        (11) whether there was food and other provision left 
    for the minor;
        (12) whether any of the conduct is attributable to 
    economic hardship or
illness and the parent, guardian or 
    other person having physical custody or
control of the 
    child made a good faith effort to provide for the health 
    and
safety of the minor;
        (13) the age and physical and mental capabilities of 
    the person or persons
who provided supervision for the 
    minor;
        (14) whether the minor was left under the supervision 
    of another person;
        (15) any other factor that would endanger the health 
    and safety of that
particular minor.
    A minor shall not be considered neglected for the sole 
reason that the
minor has been relinquished in accordance with 
the Abandoned Newborn Infant
Protection Act.
    (2) Those who are abused include any minor under 18 years 
of age or a minor 18 years of age or older for whom the court 
has made a finding of probable cause to believe that the minor 
is abused, neglected, or dependent under subsection (1) of 
Section 2-10 prior to the minor's 18th birthday whose
parent or 
immediate family member, or any person responsible
for the 
minor's welfare, or any person who is in the same family or 
household
as the minor, or any individual residing in the same 
home as the minor, or
a paramour of the minor's parent:
        (i) inflicts, causes to be inflicted, or allows to be 
    inflicted upon
such minor physical injury, by other than 
    accidental means, which causes death,
disfigurement, 
    impairment of physical or emotional health, or loss or

    impairment of any bodily function;
        (ii) creates a substantial risk of physical injury to 
    such minor by
other than accidental means which would be 
    likely to cause death,
disfigurement, impairment of 
    emotional health, or loss or impairment of any
bodily 
    function;
        (iii) commits or allows to be committed any sex offense 
    against such
minor, as such sex offenses are defined in the 
    Criminal Code of 1961 or the Criminal Code of 2012, or in 
    the Wrongs to Children Act, and extending those definitions 
    of sex offenses to include minors
under 18 years of age;
        (iv) commits or allows to be committed an act or acts 
    of torture upon
such minor;
        (v) inflicts excessive corporal punishment;
        (vi) commits or allows to be committed the offense of 
    involuntary servitude, involuntary sexual servitude of a 
    minor, or trafficking in persons as defined in Section 10-9 
    of the Criminal Code of 1961 or the Criminal Code of 2012, 
    upon such minor; or
        (vii) allows, encourages or requires a minor to commit 
    any act of prostitution, as defined in the Criminal Code of  
    1961 or the Criminal Code of 2012, and extending those 
    definitions to include minors under 18 years of age. 
    A minor shall not be considered abused for the sole reason 
that the minor
has been relinquished in accordance with the 
Abandoned Newborn Infant
Protection Act.
    (3) This Section does not apply to a minor who would be 
included
herein solely for the purpose of qualifying for 
financial assistance for
himself, his parents, guardian or 
custodian.
    (4) The changes made by this amendatory Act of the 101st 
General Assembly apply to a case that is pending on or after 
the effective date of this amendatory Act of the 101st General 
Assembly. 
(Source: P.A. 99-143, eff. 7-27-15.)
 



    (705 ILCS 405/2-4)  (from Ch. 37, par. 802-4)



    Sec. 2-4. Dependent minor. 

    (1) Those who are dependent include any minor under 18 
years of age or a minor 18 years of age or older for whom the 
court has made a finding of probable cause to believe that the 
minor is abused, neglected, or dependent under subsection (1) 
of Section 2-10 prior to the minor's 18th birthday:


        (a) who is without a parent, guardian or legal 
    custodian;


        (b) who is without proper care because of the physical 
    or mental
disability of his parent, guardian or custodian;


        (c) who is without proper medical or other remedial 
    care recognized under
State law or other care necessary for 
    his or her well being through no fault,
neglect or lack of 
    concern by his parents, guardian or custodian, provided

    that no order may be made terminating parental rights, nor 
    may a minor be
removed from the custody of his or her 
    parents for longer than 6 months,
pursuant to an 
    adjudication as a dependent minor under this subdivision 
    (c),
unless it is found to be in his or her best interest 
    by the court or the case
automatically closes as provided 
    under Section 2-31 of this Act; or


        (d) who has a parent, guardian or legal custodian who 
    with good  cause
wishes to be relieved of all residual 
    parental rights and
responsibilities, guardianship or 
    custody, and who desires the
appointment of a guardian of 
    the person with power to consent to the
adoption of the 
    minor under Section 2-29.

    (2) This Section does not apply to a minor who would be 
included
herein solely for the purpose of qualifying for 
financial assistance for
himself, his parent or parents, 
guardian or custodian or to a minor solely because his
or her 
parent or parents or guardian has left the minor for any period 
of time in the care
of an adult relative, who the parent or 
parents or guardian know is both a mentally capable adult 
relative and physically capable adult relative, as defined by 
this Act.

    (3) The changes made by this amendatory Act of the 101st 
General Assembly apply to a case that is pending on or after 
the effective date of this amendatory Act of the 101st General 
Assembly. 
(Source: P.A. 96-168, eff. 8-10-09.)

 



    (705 ILCS 405/2-23)  (from Ch. 37, par. 802-23)


    Sec. 2-23. Kinds of dispositional orders. 

    (1) The following kinds of orders of disposition may be 
made in respect of
wards of the court:

        (a) A minor under 18 years of age found to be neglected 
    or abused under
Section 2-3 or dependent under Section 2-4 
    may be (1) continued in the
custody of his or her parents,

    guardian or legal custodian; (2) placed in accordance with 
    Section 2-27;
(3) restored to the custody of the parent, 
    parents, guardian, or legal
custodian, provided the court 
    shall order the parent, parents, guardian, or
legal 
    custodian to cooperate with the Department of Children and 
    Family
Services and comply with the terms of an after-care 
    plan or risk the loss of
custody of the child and the 
    possible termination of their parental rights;
or
(4) 
    ordered partially or completely emancipated in accordance 
    with
the provisions of the Emancipation of Minors Act.

        However, in any case in which a minor is found by the 
    court to be
neglected or abused under Section 2-3 of this 
    Act, custody of the minor
shall not be restored to any 
    parent, guardian or legal custodian whose acts
or omissions 
    or both have been identified, pursuant to subsection (1) of

    Section 2-21, as forming the basis for the court's finding 
    of abuse or
neglect, until such time
as a
hearing is held 
    on the issue of the best interests of the minor and the 
    fitness
of such parent, guardian or legal custodian to care 
    for the minor without
endangering the minor's health or 
    safety, and the court
enters an order that such parent, 
    guardian or legal custodian is fit to care
for the minor.

        (b) A minor under 18 years of age found to be dependent 
    under
Section 2-4 may be (1) placed in accordance with 
    Section 2-27 or (2)
ordered partially or completely 
    emancipated in accordance with the
provisions of the 
    Emancipation of Minors Act.

        However, in any case in which a minor is found by the 
    court to be
dependent under Section 2-4 of this Act, 
    custody of the minor shall not be
restored to
any parent, 
    guardian or legal custodian whose acts or omissions or both 
    have
been identified, pursuant to subsection (1) of Section 
    2-21, as forming the
basis for the court's finding of 
    dependency, until such
time as a hearing is
held on the 
    issue of the fitness of such parent, guardian or legal

    custodian to care for the minor without endangering the 
    minor's health or
safety, and the court enters an order 
    that such
parent, guardian or legal custodian is fit to 
    care for the minor.

        (b-1) A minor between the ages of 18 and 21 may be 
    placed pursuant to Section 2-27 of this Act if (1) the 
    court has granted a supplemental petition to reinstate 
    wardship of the minor pursuant to subsection (2) of Section 
    2-33, (2) the court has adjudicated the minor a ward of the 
    court, permitted the minor to return home under an order of 
    protection, and subsequently made a finding that it is in 
    the minor's best interest to vacate the order of protection 
    and commit the minor to the Department of Children and 
    Family Services for care and service, or (3) the court 
    returned the minor to the custody of the respondent under 
    Section 2-4b of this Act without terminating the 
    proceedings under Section 2-31 of this Act, and 
    subsequently made a finding that it is in the minor's best 
    interest to commit the minor to the Department of Children 
    and Family Services for care and services.
        (c) When the court awards guardianship to the 
    Department of Children and
Family Services, the court shall 
    order the parents to  cooperate with the
Department of 
    Children and Family Services, comply with the terms of the

    service plans, and correct the conditions that require the 
    child to be in care,
or risk termination of their parental 
    rights.

    (2) Any order of disposition may provide for protective 
supervision
under Section 2-24 and may include an order of 
protection under Section 2-25.

    Unless the order of disposition expressly so provides, it 
does
not operate to close proceedings on the pending petition, 
but is subject
to modification, not inconsistent with Section 
2-28, until final closing and discharge of the proceedings 
under
Section 2-31.

    (3) The court also shall enter any other orders necessary 
to fulfill the
service plan, including, but not limited to, (i) 
orders requiring parties to
cooperate with services, (ii) 
restraining orders controlling the conduct of any
party likely 
to frustrate the achievement of the goal, and (iii) visiting

orders. When the child is placed separately from a sibling, the

court shall review the Sibling Contact Support Plan developed 
under subsection (f) of Section 7.4 of the Children and Family 
Services Act, if applicable. If the Department has not convened 
a meeting to develop a Sibling
Contact Support Plan, or if the 
court finds that the existing Plan is not in the child's best

interest, the court may enter an order requiring the Department 
to develop and implement
a Sibling Contact Support Plan under 
subsection (f) of Section 7.4 of the Children and Family 
Services Act or order mediation.  Unless otherwise specifically 
authorized by law, the court is not
empowered under this 
subsection (3) to order specific placements, specific

services, or specific service
providers to be included in the 
plan.  If, after receiving evidence, the court determines that 
the services contained in the plan are not reasonably 
calculated to facilitate achievement of the permanency goal, 
the court shall put in writing the factual basis supporting the 
determination and enter specific findings based on the 
evidence. The court also shall enter an order for the 
Department to develop and implement a new service plan or to 
implement changes to the current service plan consistent with 
the court's findings. The new service plan shall be filed with 
the court and served on all parties within 45 days after the 
date of the order. The court shall continue the matter until 
the new service plan is filed. Except as authorized by 
subsection (3.5) of this Section or authorized by law, the 
court is not empowered under this Section to order specific 
placements, specific services, or specific service providers 
to be included in the service plan.

    (3.5) If, after reviewing the evidence, including evidence 
from the Department, the court determines that the minor's 
current or planned placement is not necessary or appropriate to 
facilitate achievement of the permanency goal, the court shall 
put in writing the factual basis supporting its determination 
and enter specific findings based on the evidence. If the court 
finds that the minor's current or planned placement is not 
necessary or appropriate, the court may enter an order 
directing the Department to implement a recommendation by the 
minor's treating clinician or a clinician contracted by the 
Department to evaluate the minor or a recommendation made by 
the Department. If the Department places a minor in a placement 
under an order entered under this subsection (3.5), the 
Department has the authority to remove the minor from that 
placement when a change in circumstances necessitates the 
removal to protect the minor's health, safety, and best 
interest. If the Department determines removal is necessary, 
the Department shall notify the parties of the planned 
placement change in writing no later than 10 days prior to the 
implementation of its determination unless remaining in the 
placement poses an imminent risk of harm to the minor, in which 
case the Department shall notify the parties of the placement 
change in writing immediately following the implementation of 
its decision. The Department shall notify others of the 
decision to change the minor's placement as required by 
Department rule. 
    (4) In addition to any other order of disposition, the 
court may order
any minor adjudicated neglected with respect to 
his or her own injurious
behavior to make restitution, in 
monetary or non-monetary form, under the
terms and conditions 
of Section 5-5-6 of the Unified Code of Corrections,
except 
that the "presentence hearing" referred to therein shall be the

dispositional hearing for purposes of this Section.  The parent, 
guardian
or legal custodian of the minor may pay some or all of 
such restitution on
the minor's behalf.

    (5) Any order for disposition where the minor is committed 
or placed in
accordance with Section 2-27 shall provide for the 
parents or guardian of
the estate of such minor to pay to the 
legal custodian or guardian of the
person of the minor such 
sums as are determined by the custodian or guardian
of the 
person of the minor as necessary for the minor's needs. Such 
payments
may not exceed the maximum amounts provided for by 
Section 9.1 of the
Children and Family Services Act.

    (6) Whenever the order of disposition requires the minor to 
attend
school or participate in a program of training, the 
truant officer or
designated school official shall regularly 
report to the court if the minor
is a chronic or habitual 
truant under Section 26-2a of the School Code.

    (7) The court may terminate the parental rights of a parent 
at the initial
dispositional hearing if all of the conditions 
in subsection (5) of Section
2-21 are met.

(Source: P.A. 100-45, eff. 8-11-17; 100-978, eff. 8-19-18.)

 


    (705 ILCS 405/2-27)  (from Ch. 37, par. 802-27)

    Sec. 2-27. Placement; legal custody or guardianship. 

    (1) If the court determines and puts in writing the factual 
basis supporting
the determination of whether the parents, 
guardian, or legal custodian of a
minor adjudged a ward of the 
court are unfit or are unable, for some reason
other than 
financial circumstances alone, to care for, protect, train or

discipline the minor or are unwilling to do so, and that the

health, safety, and best
interest of the minor will be 
jeopardized if the minor remains in the custody
of his or her 
parents, guardian or
custodian, the court may at this hearing 
and at any later point:

        (a) place the minor in the custody of a suitable 
    relative or other person
as
legal custodian or guardian;

        (a-5) with the approval of the Department of Children 
    and Family
Services, place the minor in the subsidized 
    guardianship of a suitable relative
or
other person as 
    legal guardian; "subsidized guardianship" means a private

    guardianship arrangement for children for whom the 
    permanency goals of return
home and adoption have been 
    ruled out and who meet the qualifications for
subsidized 
    guardianship as defined by the Department of Children and 
    Family
Services in administrative rules;

        (b) place the minor under the guardianship of a 
    probation officer;

        (c) commit the minor to an agency for care or 
    placement, except an
institution under the authority of the 
    Department of Corrections or of
the Department of Children 
    and Family Services;

        (d) on and after the effective date of this amendatory 
    Act of the 98th General Assembly and before January 1, 
    2017, commit the minor to the Department of Children and 
    Family Services for
care and service; however, a minor 
    charged with a criminal offense under the
Criminal Code of  
    1961 or the Criminal Code of 2012 or adjudicated delinquent 
    shall not be placed in the
custody of or committed to the 
    Department of Children and Family Services by
any court, 
    except (i) a minor less than 16 years of age and committed 
    to the
Department of Children and Family Services under 
    Section 5-710 of this Act, (ii) a minor under the age of 18 
    for whom an independent basis of abuse, neglect, or 
    dependency exists, or (iii) a minor for whom the court has 
    granted a supplemental petition to reinstate wardship 
    pursuant to subsection (2) of Section 2-33 of this Act.  On 
    and after January 1, 2017, commit the minor to the 
    Department of Children and Family Services for
care and 
    service; however, a minor charged with a criminal offense 
    under the
Criminal Code of  1961 or the Criminal Code of 
    2012 or adjudicated delinquent shall not be placed in the

    custody of or committed to the Department of Children and 
    Family Services by
any court, except (i) a minor less than 
    15 years of age and committed to the
Department of Children 
    and Family Services under Section 5-710 of this Act, (ii) a 
    minor under the age of 18 for whom an independent basis of 
    abuse, neglect, or dependency exists, or (iii) a minor for 
    whom the court has granted a supplemental petition to 
    reinstate wardship pursuant to subsection (2) of Section 
    2-33 of this Act. An independent basis exists when the 
    allegations or adjudication of abuse, neglect, or 
    dependency do not arise from the same facts, incident, or 
    circumstances which  give rise to a charge or adjudication 
    of delinquency.  The
Department shall be given due notice of 
    the pendency of the action and the
Guardianship 
    Administrator of the Department of Children and Family 
    Services
shall be appointed guardian of the person of the 
    minor. Whenever the Department
seeks to discharge a minor 
    from its care and service, the Guardianship
Administrator 
    shall petition the court for an
order terminating 
    guardianship. The Guardianship Administrator may
designate 
    one or more other officers of the Department, appointed as

    Department officers by administrative order of the 
    Department Director,
authorized to affix the signature of 
    the Guardianship Administrator to
documents affecting the 
    guardian-ward relationship of children for whom
he or she 
    has been appointed guardian at such times as he or she is 
    unable to
perform
the duties of his or her office. The 
    signature authorization shall include but
not be limited to 
    matters of consent of marriage, enlistment in the
armed 
    forces, legal proceedings, adoption, major medical and 
    surgical
treatment and application for driver's license. 
    Signature authorizations
made pursuant to the provisions 
    of this paragraph shall be filed with
the Secretary of 
    State and the Secretary of State shall provide upon
payment 
    of the customary fee, certified copies of the authorization 
    to
any court or individual who requests a copy.

    (1.5) In making a determination under this Section, the 
court shall also
consider
whether, based on health, safety, and 
the best interests of the minor,

        (a) appropriate services aimed
at family preservation 
    and family reunification have been unsuccessful in

    rectifying the conditions that have led to a finding of 
    unfitness or inability
to care for, protect, train, or 
    discipline the minor, or

        (b) no family preservation or family reunification

    services would be appropriate,

and if the petition or amended petition
contained an allegation 
that the
parent is an unfit
person as defined in subdivision 
(D) of Section 1 of the Adoption Act, and the
order of

adjudication
recites that parental unfitness was established 
by clear and convincing
evidence, the court
shall, when 
appropriate and in the best interest of the minor, enter an

order terminating parental rights and
appointing a guardian 
with
power to
consent to adoption in accordance with Section 
2-29.

    When making a placement, the court, wherever possible, 
shall
require the Department of Children and Family Services to 
select a person
holding the same religious belief as that of 
the minor or a private agency
controlled by persons of like 
religious faith of the minor and shall require
the Department 
to otherwise comply with Section 7 of the Children and Family

Services Act in placing the child. In addition, whenever 
alternative plans for
placement are available, the court shall 
ascertain and consider, to the extent
appropriate in the 
particular case, the views and preferences of the minor.

    (2) When a minor is placed with a suitable relative or 
other
person pursuant to item (a) of subsection (1),
the court 
shall appoint him or her the legal custodian or guardian of the

person of the minor. When a minor is committed to any agency, 
the court
shall appoint the proper officer or representative 
thereof as legal
custodian or guardian of the person of the 
minor. Legal custodians and
guardians of the person of the 
minor have the respective rights and duties set
forth in 
subsection (9) of Section 1-3 except as otherwise provided by 
order
of court; but no guardian of the person may consent to 
adoption of the
minor unless that authority is conferred upon 
him or her in accordance with
Section 2-29. An agency whose 
representative is appointed guardian of the
person or legal 
custodian of the minor may place the minor in any child care

facility, but the facility must be licensed under the Child 
Care Act of
1969 or have been approved by the Department of 
Children and Family Services
as meeting the standards 
established for such licensing. No agency may
place a minor 
adjudicated under Sections 2-3 or 2-4 in a child care facility

unless the placement is in compliance with the rules and 
regulations
for placement under this Section promulgated by the 
Department of Children
and Family Services under Section 5 of 
the Children and Family Services
Act. Like authority and 
restrictions shall be conferred by the court upon
any probation 
officer who has been appointed guardian of the person of a 
minor.

    (3) No placement by any probation officer or agency whose 
representative
is appointed guardian of the person or legal 
custodian of a minor may be
made in any out of State child care 
facility unless it complies with the
Interstate Compact on the 
Placement of Children.  Placement with a parent,
however, is not 
subject to that Interstate Compact.

    (4) The clerk of the court shall issue to the legal 
custodian or
guardian of the person a certified copy of the 
order of court, as proof
of his authority. No other process is 
necessary as authority for the
keeping of the minor.

    (5) Custody or guardianship granted under this Section 
continues until
the court otherwise directs, but not after the 
minor reaches the age
of 19 years except as set forth in 
Section 2-31, or if the minor was previously committed to the 
Department of Children and Family Services for care and service 
and the court has granted a supplemental petition to reinstate 
wardship pursuant to subsection (2) of Section 2-33.

    (6) (Blank).

(Source: P.A. 97-1150, eff. 1-25-13; 98-803, eff. 1-1-15.)

 


    (705 ILCS 405/5-710)

    Sec. 5-710. Kinds of sentencing orders. 

    (1) The following kinds of sentencing orders may be made in 
respect of
wards of the court:

        (a) Except as provided in Sections 5-805, 5-810, and 
    5-815, a minor who is
found
guilty under Section 5-620 may 
    be:

            (i) put on probation or conditional discharge and 
        released to his or her
parents, guardian or legal 
        custodian, provided, however, that any such minor
who 
        is not committed to the Department of Juvenile Justice 
        under
this subsection and who is found to be a 
        delinquent for an offense which is
first degree murder, 
        a Class X felony, or a forcible felony shall be placed 
        on
probation;

            (ii) placed in accordance with Section 5-740, with 
        or without also being
put on probation or conditional 
        discharge;

            (iii) required to undergo a substance abuse 
        assessment conducted by a
licensed provider and 
        participate in the indicated clinical level of care;

            (iv) on and after the effective date of this 
        amendatory Act of the 98th General Assembly and before 
        January 1, 2017, placed in the guardianship of the 
        Department of Children and Family
Services, but only if 
        the delinquent minor is under 16 years of age or, 
        pursuant to Article II of this Act,  a minor under the 
        age of 18 for whom an independent basis of abuse, 
        neglect, or dependency exists.  On and after January 1, 
        2017, placed in the guardianship of the Department of 
        Children and Family
Services, but only if the 
        delinquent minor is under 15 years of age or, pursuant 
        to Article II of this Act,  a minor for whom an 
        independent basis of abuse, neglect, or dependency 
        exists. An independent basis exists when the 
        allegations or adjudication of abuse, neglect, or 
        dependency do not arise from the same facts, incident, 
        or circumstances which  give rise to a charge or 
        adjudication of delinquency;

            (v) placed in detention for a period not to exceed 
        30 days, either as
the
exclusive order of disposition 
        or, where appropriate, in conjunction with any
other 
        order of disposition issued under this paragraph, 
        provided that any such
detention shall be in a juvenile 
        detention home and the minor so detained shall
be 10 
        years of age or older.  However, the 30-day limitation 
        may be extended by
further order of the court for a 
        minor under age 15 committed to the Department
of 
        Children and Family Services if the court finds that 
        the minor is a danger
to himself or others.  The minor 
        shall be given credit on the sentencing order
of 
        detention for time spent in detention under Sections 
        5-501, 5-601, 5-710, or
5-720 of this
Article as a 
        result of the offense for which the sentencing order 
        was imposed.
The court may grant credit on a sentencing 
        order of detention entered under a
violation of 
        probation or violation of conditional discharge under 
        Section
5-720 of this Article for time spent in 
        detention before the filing of the
petition
alleging 
        the violation.  A minor shall not be deprived of credit 
        for time spent
in detention before the filing of a 
        violation of probation or conditional
discharge 
        alleging the same or related act or acts.  The 
        limitation that the minor shall only be placed in a 
        juvenile detention home does not apply as follows:
            Persons 18 years of age and older who have a 
        petition of delinquency filed against them may be 
        confined in an adult detention facility. In making a 
        determination whether to confine a person 18 years of 
        age or older who has a petition of delinquency filed 
        against the person, these factors, among other 
        matters, shall be considered:
                (A) the age of the person;
                (B) any previous delinquent or criminal 
            history of the person;
                (C) any previous abuse or neglect history of 
            the person;
                (D) any mental health history of the person; 
            and
                (E)  any educational history of the person;

            (vi) ordered partially or completely emancipated 
        in accordance with the
provisions of the Emancipation 
        of Minors Act;

            (vii) subject to having his or her driver's license 
        or driving
privileges
suspended for such time as 
        determined by the court but only until he or she

        attains 18 years of age;

            (viii) put on probation or conditional discharge 
        and placed in detention
under Section 3-6039 of the 
        Counties Code for a period not to exceed the period
of 
        incarceration permitted by law for adults found guilty 
        of the same offense
or offenses for which the minor was 
        adjudicated delinquent, and in any event no
longer than 
        upon attainment of age 21; this subdivision (viii) 
        notwithstanding
any contrary provision of the law; 

            (ix) ordered to undergo a medical or other 
        procedure to have a tattoo
symbolizing allegiance to a 
        street gang removed from his or her body; or
            (x)  placed in electronic monitoring or home 
        detention under Part 7A of this Article.

        (b) A minor found to be guilty may be committed to the 
    Department of
Juvenile Justice under Section 5-750 if the 
    minor is at least 13 years and under 20 years of age,

    provided that the commitment to the Department of Juvenile 
    Justice shall be made only if the minor was found guilty of 
    a felony offense or first degree murder. The court shall 
    include in the sentencing order any pre-custody credits the 
    minor is entitled to under Section 5-4.5-100 of the Unified 
    Code of Corrections.  The  time during which a minor is in 
    custody before being released
upon the request of a parent, 
    guardian or legal custodian shall also be considered
as 
    time spent in custody.

        (c) When a minor is found to be guilty for an offense 
    which is a violation
of the Illinois Controlled Substances 
    Act, the Cannabis Control Act, or the Methamphetamine 
    Control and Community Protection Act  and made
a ward of the 
    court, the court may enter a disposition order requiring 
    the
minor to undergo assessment,
counseling or treatment in 
    a substance use disorder treatment program approved by the 
    Department
of Human Services.

    (2) Any sentencing order other than commitment to the 
Department of
Juvenile Justice may provide for protective 
supervision under
Section 5-725 and may include an order of 
protection under Section 5-730.

    (3) Unless the sentencing order expressly so provides, it 
does not operate
to close proceedings on the pending petition, 
but is subject to modification
until final closing and 
discharge of the proceedings under Section 5-750.

    (4) In addition to any other sentence, the court may order 
any
minor
found to be delinquent to make restitution, in 
monetary or non-monetary form,
under the terms and conditions 
of Section 5-5-6 of the Unified Code of
Corrections, except 
that the "presentencing hearing" referred to in that
Section

shall be
the sentencing hearing for purposes of this Section.  
The parent, guardian or
legal custodian of the minor may be 
ordered by the court to pay some or all of
the restitution on 
the minor's behalf, pursuant to the Parental Responsibility

Law.   The State's Attorney is authorized to act
on behalf of any 
victim in seeking restitution in proceedings under this

Section, up to the maximum amount allowed in Section 5 of the 
Parental
Responsibility Law.

    (5) Any sentencing order where the minor is committed or 
placed in
accordance
with Section 5-740 shall provide for the 
parents or guardian of the estate of
the minor to pay to the 
legal custodian or guardian of the person of the minor
such 
sums as are determined by the custodian or guardian of the 
person of the
minor as necessary for the minor's needs.  The 
payments may not exceed the
maximum amounts provided for by 
Section 9.1 of the Children and Family Services
Act.

    (6) Whenever the sentencing order requires the minor to 
attend school or
participate in a program of training, the 
truant officer or designated school
official shall regularly 
report to the court if the minor is a chronic or
habitual 
truant under Section 26-2a of the School Code. Notwithstanding 
any other provision of this Act, in instances in which 
educational services are to be provided to a minor in a 
residential facility where the minor has been placed by the 
court, costs incurred in the provision of those educational 
services must be allocated based on the requirements of the 
School Code. 

    (7) In no event shall a guilty minor be committed to the 
Department of
Juvenile Justice for a period of time in
excess 
of
that period for which an adult could be committed for the 
same act. The court shall include in the sentencing order a 
limitation on the period of confinement not to exceed the 
maximum period of imprisonment the court could impose under 
Article V of the Unified Code of Corrections. 

    (7.5) In no event shall a guilty minor be committed to the 
Department of Juvenile Justice or placed in detention when the 
act for which the minor was adjudicated delinquent would not be 
illegal if committed by an adult. 
    (7.6) In no event shall a guilty minor be committed to the 
Department of Juvenile Justice for an offense which is a Class 
4 felony under Section 19-4 (criminal trespass to a residence), 
21-1 (criminal damage to property), 21-1.01 (criminal damage to 
government supported property), 21-1.3 (criminal defacement of 
property), 26-1 (disorderly conduct), or 31-4 (obstructing 
justice) of the Criminal Code of 2012. 
    (7.75) In no event shall a guilty minor be committed to the 
Department of Juvenile Justice for an offense that is a Class 3 
or Class 4 felony violation of the Illinois Controlled 
Substances Act unless the commitment occurs upon a third or 
subsequent judicial finding of a violation of probation for 
substantial noncompliance with court-ordered treatment or 
programming.
    (8) A minor found to be guilty for reasons that include a 
violation of
Section 21-1.3 of the Criminal Code of 1961 or the 
Criminal Code of 2012 shall be ordered to perform
community 
service for not less than 30 and not more than 120 hours, if

community service is available in the jurisdiction.  The 
community service
shall include, but need not be limited to, 
the cleanup and repair of the damage
that was caused by the 
violation or similar damage to property located in the

municipality or county in which the violation occurred.  The 
order may be in
addition to any other order authorized by this 
Section.

    (8.5) A minor found to be guilty for reasons that include a 
violation of
Section
3.02 or Section 3.03 of the Humane Care 
for Animals Act or paragraph (d) of
subsection (1) of
Section 
21-1 of
the Criminal Code
of
1961 or paragraph (4) of 
subsection (a) of Section 21-1 of the Criminal Code of 2012 
shall be ordered to undergo medical or psychiatric treatment 
rendered by
a
psychiatrist or psychological treatment rendered 
by a clinical psychologist.
The order
may be in addition to any 
other order authorized by this Section.

    (9) In addition to any other sentencing order, the court 
shall order any
minor found
to be guilty for an act which would 
constitute, predatory criminal sexual
assault of a child, 
aggravated criminal sexual assault, criminal sexual
assault, 
aggravated criminal sexual abuse, or criminal sexual abuse if

committed by an
adult to undergo medical testing to determine 
whether the defendant has any
sexually transmissible disease 
including a test for infection with human
immunodeficiency 
virus (HIV) or any other identified causative agency of

acquired immunodeficiency syndrome (AIDS).  Any medical test 
shall be performed
only by appropriately licensed medical 
practitioners and may include an
analysis of any bodily fluids 
as well as an examination of the minor's person.
Except as 
otherwise provided by law, the results of the test shall be 
kept
strictly confidential by all medical personnel involved in 
the testing and must
be personally delivered in a sealed 
envelope to the judge of the court in which
the sentencing 
order was entered for the judge's inspection in camera.  Acting

in accordance with the best interests of the victim and the 
public, the judge
shall have the discretion to determine to 
whom the results of the testing may
be revealed.  The court 
shall notify the minor of the results of the test for
infection 
with the human immunodeficiency virus (HIV).  The court shall 
also
notify the victim if requested by the victim, and if the 
victim is under the
age of 15 and if requested by the victim's 
parents or legal guardian, the court
shall notify the victim's 
parents or the legal guardian, of the results of the
test for 
infection with the human immunodeficiency virus (HIV).  The 
court
shall provide information on the availability of HIV 
testing and counseling at
the Department of Public Health 
facilities to all parties to whom the
results of the testing 
are revealed.  The court shall order that the cost of
any test 
shall be paid by the county and may be taxed as costs against 
the
minor.

    (10) When a court finds a minor to be guilty the court 
shall, before
entering a sentencing order under this Section, 
make a finding whether the
offense committed either:  (a) was 
related to or in furtherance of the criminal
activities of an 
organized gang or was motivated by the minor's membership in
or 
allegiance to an organized gang, or (b) involved a violation of

subsection (a) of Section 12-7.1 of the Criminal Code of 1961 
or the Criminal Code of 2012, a violation of
any
Section of 
Article 24 of the Criminal Code of 1961 or the Criminal Code of 
2012,  or a violation of any
statute that involved the wrongful 
use of a firearm.  If the court determines
the question in the 
affirmative,
and the court does not commit the minor to the 
Department of Juvenile Justice, the court shall order the minor 
to perform community service
for not less than 30 hours nor 
more than 120 hours, provided that community
service is 
available in the jurisdiction and is funded and approved by the

county board of the county where the offense was committed.  The 
community
service shall include, but need not be limited to, 
the cleanup and repair of
any damage caused by a violation of 
Section 21-1.3 of the Criminal Code of 1961 or the Criminal 
Code of 2012
and similar damage to property located in the 
municipality or county in which
the violation occurred.  When 
possible and reasonable, the community service
shall be 
performed in the minor's neighborhood.  This order shall be in

addition to any other order authorized by this Section
except 
for an order to place the minor in the custody of the 
Department of
Juvenile Justice.  For the purposes of this 
Section, "organized
gang" has the meaning ascribed to it in 
Section 10 of the Illinois Streetgang
Terrorism Omnibus 
Prevention Act.

    (11) If the court determines that the offense was committed 
in furtherance of the criminal activities of an organized gang, 
as provided in subsection (10), and that the offense involved 
the operation or use of a motor vehicle or the use of a 
driver's license or permit, the court shall notify the 
Secretary of State of that determination and of the period for 
which the minor shall be denied driving privileges. If, at the 
time of the determination, the minor does not hold a driver's 
license or permit, the court shall provide that the minor shall 
not be issued a driver's license or permit until his or her 
18th birthday. If the minor holds a driver's license or permit 
at the time of the determination, the court shall provide that 
the minor's driver's license or permit shall be revoked until 
his or her 21st birthday, or until a later date or occurrence 
determined by the court. If the minor holds a driver's license 
at the time of the determination, the court may direct the 
Secretary of State to issue the minor a judicial driving 
permit, also known as a JDP. The JDP shall be subject to the 
same terms as a JDP issued under Section 6-206.1 of the 
Illinois Vehicle Code, except that the court may direct that 
the JDP be effective immediately.

    (12) If a minor is found to be guilty of a violation of

subsection (a-7) of Section 1 of the Prevention of Tobacco Use 
by Minors Act, the
court may, in its discretion, and upon

recommendation by the State's Attorney, order that minor and 
his or her parents
or legal
guardian to attend a smoker's 
education or youth diversion program as defined
in that Act if 
that
program is available in the jurisdiction where the 
offender resides.
Attendance at a smoker's education or youth 
diversion program
shall be time-credited against any community 
service time imposed for any
first violation of subsection 
(a-7) of Section 1 of that Act.  In addition to any
other

penalty
that the court may impose for a violation of subsection 
(a-7) of Section 1 of
that Act, the
court, upon request by the 
State's Attorney, may in its discretion
require
the offender to 
remit a fee for his or her attendance at a smoker's
education 
or
youth diversion program.

    For purposes of this Section, "smoker's education program" 
or "youth
diversion program" includes, but is not limited to, a 
seminar designed to
educate a person on the physical and 
psychological effects of smoking tobacco
products and the 
health consequences of smoking tobacco products that can be

conducted with a locality's youth diversion program.


    In addition to any other penalty that the court may impose 
under this
subsection
(12):


        (a) If a minor violates subsection (a-7) of Section 1 
    of the Prevention of
Tobacco Use by Minors Act, the court 
    may
impose a sentence of 15 hours of
community service or a 
    fine of $25 for a first violation.

        (b) A second violation by a minor of subsection (a-7) 
    of Section 1 of that Act
that occurs
within 12 months after 
    the first violation is punishable by a fine of $50 and
25

    hours of community service.

        (c) A third or subsequent violation by a minor of 
    subsection (a-7) of Section
1 of that Act
that
occurs 
    within 12 months after the first violation is punishable by 
    a $100
fine
and 30 hours of community service.

        (d) Any second or subsequent violation not within the 
    12-month time period
after the first violation is 
    punishable as provided for a first violation.

(Source: P.A. 99-268, eff. 1-1-16; 99-628, eff. 1-1-17; 99-879, 
eff. 1-1-17; 100-201, eff. 8-18-17; 100-431, eff. 8-25-17; 
100-759, eff. 1-1-19.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.