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Public Act 103-0171
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| HB2861 Enrolled | LRB103 24986 RLC 51320 b |
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AN ACT concerning courts.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Juvenile Court Act of 1987 is amended by |
changing Section 2-28 as follows:
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(705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
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Sec. 2-28. Court review.
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(1) The court may require any legal custodian or guardian |
of the person
appointed under this Act to report periodically |
to the court or may cite
him into court and require him or his |
agency, to make a full and
accurate report of his or its doings |
in behalf of the minor. The
custodian or guardian, within 10 |
days after such citation, or earlier if the court determines |
it to be necessary to protect the health, safety, or welfare of |
the minor, shall make
the report, either in writing verified |
by affidavit or orally under oath
in open court, or otherwise |
as the court directs. Upon the hearing of
the report the court |
may remove the custodian or guardian and appoint
another in |
his stead or restore the minor to the custody of his parents
or |
former guardian or custodian. However, custody of the minor |
shall
not be restored to any parent, guardian, or legal |
custodian in any case
in which the minor is found to be |
neglected or abused under Section 2-3 or
dependent under |
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Section 2-4 of this
Act, unless the minor can be cared for at |
home without endangering the
minor's health or safety and it |
is in the best interests of the minor, and
if such neglect,
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abuse, or dependency is found by the court under paragraph (1)
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of Section 2-21 of
this Act to have come about due to the acts |
or omissions or both of such
parent, guardian,
or legal |
custodian, until such time as an investigation is made as |
provided in
paragraph (5) and a hearing is held on the issue of |
the fitness of such parent,
guardian, or legal custodian to |
care for the minor and the court enters an order
that such |
parent, guardian, or legal custodian is fit to care for the |
minor.
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(1.5) The public agency that is the custodian or guardian |
of the minor shall file a written report with the court no |
later than 15 days after a minor in the agency's care remains: |
(1) in a shelter placement beyond 30 days; |
(2) in a psychiatric hospital past the time when the |
minor is clinically ready for discharge or beyond medical |
necessity for the minor's health; or |
(3) in a detention center or Department of Juvenile |
Justice facility solely because the public agency cannot |
find an appropriate placement for the minor. |
The report shall explain the steps the agency is taking to |
ensure the minor is placed appropriately, how the minor's |
needs are being met in the minor's shelter placement, and if a |
future placement has been identified by the Department, why |
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the anticipated placement is appropriate for the needs of the |
minor and the anticipated placement date. |
(1.6) Within 30 35 days after placing a child in its care |
in a qualified residential treatment program, as defined by |
the federal Social Security Act, the Department of Children |
and Family Services shall prepare file a written report for |
filing with the court and send copies of the report to all |
parties. Within 20 days of the filing of the report, or as soon |
thereafter as the court's schedule allows but not more than 60 |
days from the date of placement, the court shall hold a hearing |
to consider the Department's report and determine whether |
placement of the child in a qualified residential treatment |
program provides the most effective and appropriate level of |
care for the child in the least restrictive environment and if |
the placement is consistent with the short-term and long-term |
goals for the child, as specified in the permanency plan for |
the child. The court shall approve or disapprove the |
placement. If applicable, the requirements of Sections 2-27.1 |
and 2-27.2 must also be met.
The Department's written report |
and the court's written determination shall be included in and |
made part of the case plan for the child. If the child remains |
placed in a qualified residential treatment program, the |
Department shall submit evidence at each status and permanency |
hearing: |
(1) demonstrating that on-going assessment of the |
strengths and needs of the child continues to support the |
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determination that the child's needs cannot be met through |
placement in a foster family home, that the placement |
provides the most effective and appropriate level of care |
for the child in the least restrictive, appropriate |
environment, and that the placement is consistent with the |
short-term and long-term permanency goal for the child, as |
specified in the permanency plan for the child; |
(2) documenting the specific treatment or service |
needs that should be met for the child in the placement and |
the length of time the child is expected to need the |
treatment or services; and |
(3) the efforts made by the agency to prepare the |
child to return home or to be placed with a fit and willing |
relative, a legal guardian, or an adoptive parent, or in a |
foster family home. |
(2) The first permanency hearing shall be
conducted by the |
judge. Subsequent permanency hearings may be
heard by a judge |
or by hearing officers appointed or approved by the court in
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the manner set forth in Section 2-28.1 of this Act.
The initial |
hearing shall be held (a) within 12 months from the date
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temporary
custody was taken, regardless of whether an |
adjudication or dispositional hearing has been completed |
within that time frame, (b) if the parental rights of both |
parents have been
terminated in accordance with the procedure |
described in subsection (5) of
Section 2-21, within
30 days of |
the order for termination of parental rights and appointment |
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of
a guardian with power to consent to adoption, or (c) in |
accordance with
subsection
(2) of Section 2-13.1. Subsequent |
permanency hearings
shall be held every 6 months
or more |
frequently if necessary in the court's determination following |
the
initial permanency hearing, in accordance with the |
standards set forth in this
Section, until the court |
determines that the plan and goal have been achieved.
Once the |
plan and goal have been achieved, if the minor remains in |
substitute
care, the case shall be reviewed at least every 6 |
months thereafter, subject to
the provisions of this Section, |
unless the minor is placed in the guardianship
of a suitable |
relative or other person and the court determines that further
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monitoring by the court does not further the health, safety, |
or best interest of
the child and that this is a stable |
permanent placement.
The permanency hearings must occur within |
the time frames set forth in this
subsection and may not be |
delayed in anticipation of a report from any source or due to |
the agency's failure to timely file its written report (this
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written report means the one required under the next paragraph |
and does not
mean the service plan also referred to in that |
paragraph).
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The public agency that is the custodian or guardian of the |
minor, or another
agency responsible for the minor's care, |
shall ensure that all parties to the
permanency hearings are |
provided a copy of the most recent
service plan prepared |
within the prior 6 months
at least 14 days in advance of the |
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hearing. If not contained in the agency's service plan, the
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agency shall also include a report setting forth (i) any |
special
physical, psychological, educational, medical, |
emotional, or other needs of the
minor or his or her family |
that are relevant to a permanency or placement
determination |
and (ii) for any minor age 16 or over, a written description of
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the programs and services that will enable the minor to |
prepare for independent
living. If not contained in the |
agency's service plan, the agency's report shall specify if a |
minor is placed in a licensed child care facility under a |
corrective plan by the Department due to concerns impacting |
the minor's safety and well-being. The report shall explain |
the steps the Department is taking to ensure the safety and |
well-being of the minor and that the minor's needs are met in |
the facility. The agency's written report must detail what |
progress or lack of
progress the parent has made in correcting |
the conditions requiring the child
to be in care; whether the |
child can be returned home without jeopardizing the
child's |
health, safety, and welfare, and if not, what permanency goal |
is
recommended to be in the best interests of the child, and |
why the other
permanency goals are not appropriate. The |
caseworker must appear and testify
at the permanency hearing. |
If a permanency hearing has not previously been
scheduled by |
the court, the moving party shall move for the setting of a
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permanency hearing and the entry of an order within the time |
frames set forth
in this subsection.
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At the permanency hearing, the court shall determine the |
future status
of the child. The court shall set one of the |
following permanency goals:
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(A) The minor will be returned home by a specific date |
within 5
months.
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(B) The minor will be in short-term care with a
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continued goal to return home within a period not to |
exceed one
year, where the progress of the parent or |
parents is substantial giving
particular consideration to |
the age and individual needs of the minor.
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(B-1) The minor will be in short-term care with a |
continued goal to return
home pending a status hearing. |
When the court finds that a parent has not made
reasonable |
efforts or reasonable progress to date, the court shall |
identify
what actions the parent and the Department must |
take in order to justify a
finding of reasonable efforts |
or reasonable progress and shall set a status
hearing to |
be held not earlier than 9 months from the date of |
adjudication nor
later than 11 months from the date of |
adjudication during which the parent's
progress will again |
be reviewed.
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(C) The minor will be in substitute care pending court
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determination on termination of parental rights.
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(D) Adoption, provided that parental rights have been |
terminated or
relinquished.
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(E) The guardianship of the minor will be transferred |
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to an individual or
couple on a permanent basis provided |
that goals (A) through (D) have
been deemed inappropriate |
and not in the child's best interests. The court shall |
confirm that the Department has discussed adoption, if |
appropriate, and guardianship with the caregiver prior to |
changing a goal to guardianship.
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(F) The minor over age 15 will be in substitute care |
pending
independence. In selecting this permanency goal, |
the Department of Children and Family Services may provide |
services to enable reunification and to strengthen the |
minor's connections with family, fictive kin, and other |
responsible adults, provided the services are in the |
minor's best interest. The services shall be documented in |
the service plan.
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(G) The minor will be in substitute care because he or |
she cannot be
provided for in a home environment due to |
developmental
disabilities or mental illness or because he |
or she is a danger to self or
others, provided that goals |
(A) through (D) have been deemed inappropriate and not in |
the child's best interests.
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In selecting any permanency goal, the court shall indicate |
in writing the
reasons the goal was selected and why the |
preceding goals were deemed inappropriate and not in the |
child's best interest.
Where the court has selected a |
permanency goal other than (A), (B), or (B-1),
the
Department |
of Children and Family Services shall not provide further
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reunification services, except as provided in paragraph (F) of |
this subsection (2), but shall provide services
consistent |
with the goal
selected.
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(H) Notwithstanding any other provision in this |
Section, the court may select the goal of continuing |
foster care as a permanency goal if: |
(1) The Department of Children and Family Services |
has custody and guardianship of the minor; |
(2) The court has deemed all other permanency |
goals inappropriate based on the child's best |
interest;
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(3) The court has found compelling reasons, based |
on written documentation reviewed by the court, to |
place the minor in continuing foster care. Compelling |
reasons include:
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(a) the child does not wish to be adopted or to |
be placed in the guardianship of his or her |
relative or foster care placement;
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(b) the child exhibits an extreme level of |
need such that the removal of the child from his or |
her placement would be detrimental to the child; |
or
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(c) the child who is the subject of the |
permanency hearing has existing close and strong |
bonds with a sibling, and achievement of another |
permanency goal would substantially interfere with |
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the subject child's sibling relationship, taking |
into consideration the nature and extent of the |
relationship, and whether ongoing contact is in |
the subject child's best interest, including |
long-term emotional interest, as compared with the |
legal and emotional benefit of permanence;
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(4) The child has lived with the relative or |
foster parent for at least one year; and
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(5) The relative or foster parent currently caring |
for the child is willing and capable of providing the |
child with a stable and permanent environment. |
The court shall set a
permanency
goal that is in the best |
interest of the child. In determining that goal, the court |
shall consult with the minor in an age-appropriate manner |
regarding the proposed permanency or transition plan for the |
minor. The court's determination
shall include the following |
factors:
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(1) Age of the child.
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(2) Options available for permanence, including both |
out-of-state and in-state placement options.
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(3) Current placement of the child and the intent of |
the family regarding
adoption.
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(4) Emotional, physical, and mental status or |
condition of the child.
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(5) Types of services previously offered and whether |
or not
the services were successful and, if not |
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successful, the reasons the services
failed.
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(6) Availability of services currently needed and |
whether the services
exist.
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(7) Status of siblings of the minor.
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The court shall consider (i) the permanency goal contained |
in the service
plan, (ii) the appropriateness of the
services |
contained in the plan and whether those services have been
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provided, (iii) whether reasonable efforts have been made by |
all
the parties to the service plan to achieve the goal, and |
(iv) whether the plan
and goal have been achieved. All |
evidence
relevant to determining these questions, including |
oral and written reports,
may be admitted and may be relied on |
to the extent of their probative value.
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The court shall make findings as to whether, in violation |
of Section 8.2 of the Abused and Neglected Child Reporting |
Act, any portion of the service plan compels a child or parent |
to engage in any activity or refrain from any activity that is |
not reasonably related to remedying a condition or conditions |
that gave rise or which could give rise to any finding of child |
abuse or neglect. The services contained in the service plan |
shall include services reasonably related to remedy the |
conditions that gave rise to removal of the child from the home |
of his or her parents, guardian, or legal custodian or that the |
court has found must be remedied prior to returning the child |
home. Any tasks the court requires of the parents, guardian, |
or legal custodian or child prior to returning the child home, |
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must be reasonably related to remedying a condition or |
conditions that gave rise to or which could give rise to any |
finding of child abuse or neglect. |
If the permanency goal is to return home, the court shall |
make findings that identify any problems that are causing |
continued placement of the children away from the home and |
identify what outcomes would be considered a resolution to |
these problems. The court shall explain to the parents that |
these findings are based on the information that the court has |
at that time and may be revised, should additional evidence be |
presented to the court. |
The court shall review the Sibling Contact Support Plan |
developed or modified 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 or modify 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, |
modify, or implement a Sibling Contact Support Plan, or order |
mediation. |
If the goal has been achieved, the court shall enter |
orders that are
necessary to conform the minor's legal custody |
and status to those findings.
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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, |
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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 of the date |
of the
order. The court shall continue the matter until the new |
service plan is
filed. Except as authorized by subsection |
(2.5) of this Section and as otherwise specifically 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.
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A guardian or custodian appointed by the court pursuant to |
this Act shall
file updated case plans with the court every 6 |
months.
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Rights of wards of the court under this Act are |
enforceable against
any public agency by complaints for relief |
by mandamus filed in any
proceedings brought under this Act.
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(2.5) 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 |
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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 (2.5), 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. |
(3) Following the permanency hearing, the court shall |
enter a written order
that includes the determinations |
required under subsection (2) of this
Section and sets forth |
the following:
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(a) The future status of the minor, including the |
permanency goal, and
any order necessary to conform the |
minor's legal custody and status to such
determination; or
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(b) If the permanency goal of the minor cannot be |
achieved immediately,
the specific reasons for continuing |
the minor in the care of the Department of
Children and |
Family Services or other agency for short-term short term |
placement, and the
following determinations:
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(i) (Blank).
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(ii) Whether the services required by the court
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and by any service plan prepared within the prior 6 |
months
have been provided and (A) if so, whether the |
services were reasonably
calculated to facilitate the |
achievement of the permanency goal or (B) if not
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provided, why the services were not provided.
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(iii) Whether the minor's current or planned |
placement is necessary, and appropriate to the
plan |
and goal, recognizing the right of minors to the least |
restrictive (most
family-like) setting available and |
in close proximity to the parents' home
consistent |
with the health, safety, best interest, and special |
needs of the
minor and, if the minor is placed |
out-of-state, whether the out-of-state
placement |
continues to be appropriate and consistent with the |
health, safety,
and best interest of the minor.
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(iv) (Blank).
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(v) (Blank).
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(4) The minor or any person interested in the minor may |
apply to the
court for a change in custody of the minor and the |
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appointment of a new
custodian or guardian of the person or for |
the restoration of the minor
to the custody of his parents or |
former guardian or custodian.
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When return home is not selected as the permanency goal:
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(a) The Department, the minor, or the current
foster |
parent or relative
caregiver seeking private guardianship |
may file a motion for private
guardianship of the minor. |
Appointment of a guardian under this Section
requires |
approval of the court.
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(b) The State's Attorney may file a motion to |
terminate parental rights of
any parent who has failed to |
make reasonable efforts to correct the conditions
which |
led to the removal of the child or reasonable progress |
toward the return
of the child, as defined in subdivision |
(D)(m) of Section 1 of the Adoption Act
or for whom any |
other unfitness ground for terminating parental rights as
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defined in subdivision (D) of Section 1 of the Adoption |
Act exists. |
When parental rights have been terminated for a |
minimum of 3 years and the child who is the subject of the |
permanency hearing is 13 years old or older and is not |
currently placed in a placement likely to achieve |
permanency, the Department of
Children and Family Services |
shall make reasonable efforts to locate parents whose |
rights have been terminated, except when the Court |
determines that those efforts would be futile or |
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inconsistent with the subject child's best interests. The |
Department of
Children and Family Services shall assess |
the appropriateness of the parent whose rights have been |
terminated, and shall, as appropriate, foster and support |
connections between the parent whose rights have been |
terminated and the youth. The Department of
Children and |
Family Services shall document its determinations and |
efforts to foster connections in the child's case plan.
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Custody of the minor shall not be restored to any parent, |
guardian, or legal
custodian in any case in which the minor is |
found to be neglected or abused
under Section 2-3 or dependent |
under Section 2-4 of this Act, unless the
minor can be cared |
for at home
without endangering his or her health or safety and |
it is in the best
interest of the minor,
and if such neglect, |
abuse, or dependency is found by the court
under paragraph (1) |
of Section 2-21 of this Act to have come
about due to the acts |
or omissions or both of such parent, guardian, or legal
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custodian, until such time as an investigation is made as |
provided in
paragraph (5) and a hearing is held on the issue of |
the health,
safety, and
best interest of the minor and the |
fitness of such
parent, guardian, or legal custodian to care |
for the minor and the court
enters an order that such parent, |
guardian, or legal custodian is fit to
care for the minor. If a |
motion is filed to modify or
vacate a private guardianship |
order and return the child to a parent, guardian, or legal |
custodian, the
court may order the Department of Children and |
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Family Services to assess the minor's current and
proposed |
living arrangements and to provide ongoing monitoring of the |
health, safety, and best interest
of the minor during the |
pendency of the motion to assist the court in making that |
determination. In the event that the minor has attained 18 |
years
of age and the guardian or custodian petitions the court |
for an order
terminating his guardianship or custody, |
guardianship or custody shall
terminate automatically 30 days |
after the receipt of the petition unless
the court orders |
otherwise. No legal custodian or guardian of the
person may be |
removed without his consent until given notice and an
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opportunity to be heard by the court.
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When the court orders a child restored to the custody of |
the parent or
parents, the court shall order the parent or |
parents 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 possible
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termination of their parental rights. The court may also enter |
an order of
protective supervision in accordance with Section |
2-24.
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If the minor is being restored to the custody of a parent, |
legal custodian, or guardian who lives
outside of Illinois, |
and an Interstate Compact has been requested and refused, the |
court may order the
Department of Children and Family Services |
to arrange for an assessment of the minor's
proposed living |
arrangement and for ongoing monitoring of the health, safety, |
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and best
interest of the minor and compliance with any order of |
protective supervision entered in
accordance with Section |
2-24. |
(5) Whenever a parent, guardian, or legal custodian files |
a motion for
restoration of custody of the minor, and the minor |
was adjudicated
neglected, abused, or dependent as a result of |
physical abuse,
the court shall cause to be
made an |
investigation as to whether the movant has ever been charged
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with or convicted of any criminal offense which would indicate |
the
likelihood of any further physical abuse to the minor. |
Evidence of such
criminal convictions shall be taken into |
account in determining whether the
minor can be cared for at |
home without endangering his or her health or safety
and |
fitness of the parent, guardian, or legal custodian.
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(a) Any agency of this State or any subdivision |
thereof shall cooperate
with the agent of the court in |
providing any information
sought in the investigation.
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(b) The information derived from the investigation and |
any
conclusions or recommendations derived from the |
information shall be
provided to the parent, guardian, or |
legal custodian seeking restoration
of custody prior to |
the hearing on fitness and the movant shall have
an |
opportunity at the hearing to refute the information or |
contest its
significance.
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(c) All information obtained from any investigation |
shall be confidential
as provided in Section 5-150 of this |