Public Act 093-0909
 
HB3977 Enrolled LRB093 14762 LRD 40311 b

    AN ACT concerning schools.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Department of State Police Law of the Civil
Administrative Code of Illinois is amended by changing Section
2605-325 as follows:
 
    (20 ILCS 2605/2605-325)  (was 20 ILCS 2605/55a in part)
    Sec. 2605-325. Conviction information for school board or
regional superintendent. On request of a school board or
regional superintendent of schools, to conduct a
fingerprint-based criminal history records check an inquiry
pursuant to Section 10-21.9 or 34-18.5 of the School Code to
ascertain whether an applicant for employment in a school
district has been convicted of any criminal or drug offenses
enumerated in Section 10-21.9 or 34-18.5 of the School Code.
The Department shall furnish the conviction information to the
president of the school board of the school district that has
requested the information or, if the information was requested
by the regional superintendent, to that regional
superintendent.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793,
eff. 8-14-98; 91-239, eff. 1-1-00.)
 
    Section 10. The School Code is amended by changing Sections
2-3.51.5, 10-21.9, 27A-5, and 34-18.5 as follows:
 
    (105 ILCS 5/2-3.51.5)
    Sec. 2-3.51.5. School Safety and Educational Improvement
Block Grant Program. To improve the level of education and
safety of students from kindergarten through grade 12 in school
districts. The State Board of Education is authorized to fund a
School Safety and Educational Improvement Block Grant Program.
    (1) The program shall provide funding for school safety,
textbooks and software, teacher training and curriculum
development, school improvements, remediation programs under
subsection (a) of Section 2-3.64, school report cards under
Section 10-17a, and criminal history records checks background
investigations under Sections 10-21.9 and 34-18.5. A school
district or laboratory school as defined in Section 18-8 or
18-8.05 is not required to file an application in order to
receive the categorical funding to which it is entitled under
this Section. Funds for the School Safety and Educational
Improvement Block Grant Program shall be distributed to school
districts and laboratory schools based on the prior year's best
3 months average daily attendance. The State Board of Education
shall promulgate rules and regulations necessary for the
implementation of this program.
    (2) Distribution of moneys to school districts shall be
made in 2 semi-annual installments, one payment on or before
October 30, and one payment prior to April 30, of each fiscal
year.
    (3) Grants under the School Safety and Educational
Improvement Block Grant Program shall be awarded provided there
is an appropriation for the program, and funding levels for
each district shall be prorated according to the amount of the
appropriation.
(Source: P.A. 90-548, eff. 1-1-98; 91-711, eff. 7-1-00.)
 
    (105 ILCS 5/10-21.9)  (from Ch. 122, par. 10-21.9)
    Sec. 10-21.9. Criminal history records checks background
investigations.
    (a) Certified After August 1, 1985, certified and
noncertified applicants for employment with a school district,
except school bus driver applicants, are required as a
condition of employment to authorize a fingerprint-based
criminal history records check an investigation to determine if
such applicants have been convicted of any of the enumerated
criminal or drug offenses in subsection (c) of this Section or
have been convicted, within 7 years of the application for
employment with the school district, of any other felony under
the laws of this State or of any offense committed or attempted
in any other state or against the laws of the United States
that, if committed or attempted in this State, would have been
punishable as a felony under the laws of this State.
Authorization for the check investigation shall be furnished by
the applicant to the school district, except that if the
applicant is a substitute teacher seeking employment in more
than one school district, a teacher seeking concurrent
part-time employment positions with more than one school
district (as a reading specialist, special education teacher or
otherwise), or an educational support personnel employee
seeking employment positions with more than one district, any
such district may require the applicant to furnish
authorization for the check investigation to the regional
superintendent of the educational service region in which are
located the school districts in which the applicant is seeking
employment as a substitute or concurrent part-time teacher or
concurrent educational support personnel employee. Upon
receipt of this authorization, the school district or the
appropriate regional superintendent, as the case may be, shall
submit the applicant's name, sex, race, date of birth, and
social security number, fingerprint images, and other
identifiers, as prescribed by to the Department of State
Police, to on forms prescribed by the Department. The regional
superintendent submitting the requisite information to the
Department of State Police shall promptly notify the school
districts in which the applicant is seeking employment as a
substitute or concurrent part-time teacher or concurrent
educational support personnel employee that the check
investigation of the applicant has been requested. The
Department of State Police and the Federal Bureau of
Investigation shall furnish, pursuant to a fingerprint-based
criminal history records check, records of convictions, until
expunged, to the president of the school board for the school
district that requested the check, or to the regional
superintendent who requested the check. Department of State
Police shall conduct a search of the Illinois criminal history
records database to ascertain if the applicant being considered
for employment has been convicted of committing or attempting
to commit any of the enumerated criminal or drug offenses in
subsection (c) or has been convicted of committing or
attempting to commit, within 7 years of the application for
employment with the school district, any other felony under the
laws of this State or of any offense committed or attempted in
any other state or against the laws of the United States that,
if committed or attempted in this State, would have been
punishable as a felony under the laws of this State. The
Department shall charge the school district or the appropriate
regional superintendent a fee for conducting such check
investigation, which fee shall be deposited in the State Police
Services Fund and shall not exceed the cost of the inquiry; and
the applicant shall not be charged a fee for such check
investigation by the school district or by the regional
superintendent. Subject to appropriations for these purposes,
the State Superintendent of Education shall reimburse school
districts and regional superintendents for fees paid to obtain
criminal history records checks under this Section. The
regional superintendent may seek reimbursement from the State
Board of Education or the appropriate school district or
districts for fees paid by the regional superintendent to the
Department for the criminal background investigations required
by this Section.
    (b) If the search of the Illinois criminal history records
database indicates that the applicant has been convicted of
committing or attempting to commit any of the enumerated
criminal or drug offenses in subsection (c) or has been
convicted of committing or attempting to commit, within 7 years
before the application for employment with the school district,
any other felony under the laws of this State, the Department
and the Federal Bureau of Investigation shall furnish, pursuant
to a fingerprint based background check, records of
convictions, until expunged, to the president of the school
board for the school district which requested the
investigation, or to the regional superintendent who requested
the investigation. Any information concerning the record of
convictions obtained by the president of the school board or
the regional superintendent shall be confidential and may only
be transmitted to the superintendent of the school district or
his designee, the appropriate regional superintendent if the
check investigation was requested by the school district, the
presidents of the appropriate school boards if the check
investigation was requested from the Department of State Police
by the regional superintendent, the State Superintendent of
Education, the State Teacher Certification Board or any other
person necessary to the decision of hiring the applicant for
employment. A copy of the record of convictions obtained from
the Department of State Police shall be provided to the
applicant for employment. If a check an investigation of an
applicant for employment as a substitute or concurrent
part-time teacher or concurrent educational support personnel
employee in more than one school district was requested by the
regional superintendent, and the Department of State Police
upon a check investigation ascertains that the applicant has
not been convicted of any of the enumerated criminal or drug
offenses in subsection (c) or has not been convicted, within 7
years of the application for employment with the school
district, of any other felony under the laws of this State or
of any offense committed or attempted in any other state or
against the laws of the United States that, if committed or
attempted in this State, would have been punishable as a felony
under the laws of this State and so notifies the regional
superintendent, then the regional superintendent shall issue
to the applicant a certificate evidencing that as of the date
specified by the Department of State Police the applicant has
not been convicted of any of the enumerated criminal or drug
offenses in subsection (c) or has not been convicted, within 7
years of the application for employment with the school
district, of any other felony under the laws of this State or
of any offense committed or attempted in any other state or
against the laws of the United States that, if committed or
attempted in this State, would have been punishable as a felony
under the laws of this State. The school board of any school
district located in the educational service region served by
the regional superintendent who issues such a certificate to an
applicant for employment as a substitute teacher in more than
one such district may rely on the certificate issued by the
regional superintendent to that applicant, or may initiate its
own criminal history records check investigation of the
applicant through the Department of State Police as provided in
subsection (a). Any person who releases any confidential
information concerning any criminal convictions of an
applicant for employment shall be guilty of a Class A
misdemeanor, unless the release of such information is
authorized by this Section.
    (c) No school board shall knowingly employ a person who has
been convicted for committing attempted first degree murder or
for committing or attempting to commit first degree murder or a
Class X felony or any one or more of the following offenses:
(i) those defined in Sections 11-6, 11-9, 11-14, 11-15,
11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20,
11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15 and 12-16 of the
"Criminal Code of 1961"; (ii) those defined in the "Cannabis
Control Act" except those defined in Sections 4(a), 4(b) and
5(a) of that Act; (iii) those defined in the "Illinois
Controlled Substances Act"; and (iv) any offense committed or
attempted in any other state or against the laws of the United
States, which if committed or attempted in this State, would
have been punishable as one or more of the foregoing offenses.
Further, no school board shall knowingly employ a person who
has been found to be the perpetrator of sexual or physical
abuse of any minor under 18 years of age pursuant to
proceedings under Article II of the Juvenile Court Act of 1987.
    (d) No school board shall knowingly employ a person for
whom a criminal history records check background investigation
has not been initiated.
    (e) Upon receipt of the record of a conviction of or a
finding of child abuse by a holder of any certificate issued
pursuant to Article 21 or Section 34-8.1 or 34-83 of the School
Code, the appropriate regional superintendent of schools or the
State Superintendent of Education shall initiate the
certificate suspension and revocation proceedings authorized
by law.
    (f) After January 1, 1990 the provisions of this Section
shall apply to all employees of persons or firms holding
contracts with any school district including, but not limited
to, food service workers, school bus drivers and other
transportation employees, who have direct, daily contact with
the pupils of any school in such district. For purposes of
criminal history records checks background investigations on
employees of persons or firms holding contracts with more than
one school district and assigned to more than one school
district, the regional superintendent of the educational
service region in which the contracting school districts are
located may, at the request of any such school district, be
responsible for receiving the authorization for a check
investigation prepared by each such employee and submitting the
same to the Department of State Police. Any information
concerning the record of conviction of any such employee
obtained by the regional superintendent shall be promptly
reported to the president of the appropriate school board or
school boards.
(Source: P.A. 93-418, eff. 1-1-04.)
 
    (105 ILCS 5/27A-5)
    Sec. 27A-5. Charter school; legal entity; requirements.
    (a) A charter school shall be a public, nonsectarian,
nonreligious, non-home based, and non-profit school. A charter
school shall be organized and operated as a nonprofit
corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
    (b) A charter school may be established under this Article
by creating a new school or by converting an existing public
school or attendance center to charter school status.
    Beginning on the effective date of this amendatory Act of the
93rd General Assembly, in all new applications submitted to the
State Board or a local school board to establish a charter
school in a city having a population exceeding 500,000,
operation of the charter school shall be limited to one campus.
The changes made to this Section by this amendatory Act of the
93rd General Assembly do not apply to charter schools existing
or approved on or before the effective date of this amendatory
Act.
    (c) A charter school shall be administered and governed by
its board of directors or other governing body in the manner
provided in its charter. The governing body of a charter school
shall be subject to the Freedom of Information Act and the Open
Meetings Act.
    (d) A charter school shall comply with all applicable
health and safety requirements applicable to public schools
under the laws of the State of Illinois.
    (e) Except as otherwise provided in the School Code, a
charter school shall not charge tuition; provided that a
charter school may charge reasonable fees for textbooks,
instructional materials, and student activities.
    (f) A charter school shall be responsible for the
management and operation of its fiscal affairs including, but
not limited to, the preparation of its budget. An audit of each
charter school's finances shall be conducted annually by an
outside, independent contractor retained by the charter
school.
    (g) A charter school shall comply with all provisions of
this Article and its charter. A charter school is exempt from
all other State laws and regulations in the School Code
governing public schools and local school board policies,
except the following:
        (1) Sections 10-21.9 and 34-18.5 of the School Code
    regarding criminal history records checks background
    investigations of applicants for employment;
        (2) Sections 24-24 and 34-84A of the School Code
    regarding discipline of students;
        (3) The Local Governmental and Governmental Employees
    Tort Immunity Act;
        (4) Section 108.75 of the General Not For Profit
    Corporation Act of 1986 regarding indemnification of
    officers, directors, employees, and agents;
        (5) The Abused and Neglected Child Reporting Act;
        (6) The Illinois School Student Records Act; and
        (7) Section 10-17a of the School Code regarding school
    report cards.
    (h) A charter school may negotiate and contract with a
school district, the governing body of a State college or
university or public community college, or any other public or
for-profit or nonprofit private entity for: (i) the use of a
school building and grounds or any other real property or
facilities that the charter school desires to use or convert
for use as a charter school site, (ii) the operation and
maintenance thereof, and (iii) the provision of any service,
activity, or undertaking that the charter school is required to
perform in order to carry out the terms of its charter.
However, a charter school that is established on or after the
effective date of this amendatory Act of the 93rd General
Assembly and that operates in a city having a population
exceeding 500,000 may not contract with a for-profit entity to
manage or operate the school during the period that commences
on the effective date of this amendatory Act of the 93rd
General Assembly and concludes at the end of the 2004-2005
school year. Except as provided in subsection (i) of this
Section, a school district may charge a charter school
reasonable rent for the use of the district's buildings,
grounds, and facilities. Any services for which a charter
school contracts with a school district shall be provided by
the district at cost. Any services for which a charter school
contracts with a local school board or with the governing body
of a State college or university or public community college
shall be provided by the public entity at cost.
    (i) In no event shall a charter school that is established
by converting an existing school or attendance center to
charter school status be required to pay rent for space that is
deemed available, as negotiated and provided in the charter
agreement, in school district facilities. However, all other
costs for the operation and maintenance of school district
facilities that are used by the charter school shall be subject
to negotiation between the charter school and the local school
board and shall be set forth in the charter.
    (j) A charter school may limit student enrollment by age or
grade level.
(Source: P.A. 93-3, eff. 4-16-03.)
 
    (105 ILCS 5/34-18.5)  (from Ch. 122, par. 34-18.5)
    Sec. 34-18.5. Criminal history records checks background
investigations.
    (a) Certified After August 1, 1985, certified and
noncertified applicants for employment with the school
district are required as a condition of employment to authorize
a fingerprint-based criminal history records check an
investigation to determine if such applicants have been
convicted of any of the enumerated criminal or drug offenses in
subsection (c) of this Section or have been convicted, within 7
years of the application for employment with the school
district, of any other felony under the laws of this State or
of any offense committed or attempted in any other state or
against the laws of the United States that, if committed or
attempted in this State, would have been punishable as a felony
under the laws of this State. Authorization for the check
investigation shall be furnished by the applicant to the school
district, except that if the applicant is a substitute teacher
seeking employment in more than one school district, or a
teacher seeking concurrent part-time employment positions with
more than one school district (as a reading specialist, special
education teacher or otherwise), or an educational support
personnel employee seeking employment positions with more than
one district, any such district may require the applicant to
furnish authorization for the check investigation to the
regional superintendent of the educational service region in
which are located the school districts in which the applicant
is seeking employment as a substitute or concurrent part-time
teacher or concurrent educational support personnel employee.
Upon receipt of this authorization, the school district or the
appropriate regional superintendent, as the case may be, shall
submit the applicant's name, sex, race, date of birth, and
social security number, fingerprint images, and other
identifiers, as prescribed by to the Department of State
Police, to on forms prescribed by the Department. The regional
superintendent submitting the requisite information to the
Department of State Police shall promptly notify the school
districts in which the applicant is seeking employment as a
substitute or concurrent part-time teacher or concurrent
educational support personnel employee that the check
investigation of the applicant has been requested. The
Department of State Police and the Federal Bureau of
Investigation shall furnish, pursuant to a fingerprint-based
criminal history records check, records of convictions, until
expunged, to the president of the school board for the school
district that requested the check, or to the regional
superintendent who requested the check. shall conduct a search
of the Illinois Criminal history record information database to
ascertain if the applicant being considered for employment has
been convicted of committing or attempting to commit any of the
enumerated criminal or drug offenses in subsection (c) or has
been convicted of committing or attempting to commit, within 7
years of the application for employment with the school
district, any other felony under the laws of this State. The
Department shall charge the school district or the appropriate
regional superintendent a fee for conducting such check
investigation, which fee shall be deposited in the State Police
Services Fund and shall not exceed the cost of the inquiry; and
the applicant shall not be charged a fee for such check
investigation by the school district or by the regional
superintendent. Subject to appropriations for these purposes,
the State Superintendent of Education shall reimburse the
school district and regional superintendent for fees paid to
obtain criminal history records checks under this Section. The
regional superintendent may seek reimbursement from the State
Board of Education or the appropriate school district or
districts for fees paid by the regional superintendent to the
Department for the criminal background investigations required
by this Section.
    (b) If the search of the Illinois criminal history records
database indicates that the applicant has been convicted of
committing or attempting to commit any of the enumerated
criminal or drug offenses in subsection (c) or has been
convicted of committing or attempting to commit, within 7 years
of the application for employment with the school district, any
other felony under the laws of this State, the Department and
the Federal Bureau of Investigation shall furnish, pursuant to
a fingerprint based background check, records of convictions,
until expunged, to the president of the board of education for
the school district which requested the investigation, or to
the regional superintendent who requested the investigation.
Any information concerning the record of convictions obtained
by the president of the board of education or the regional
superintendent shall be confidential and may only be
transmitted to the general superintendent of the school
district or his designee, the appropriate regional
superintendent if the check investigation was requested by the
board of education for the school district, the presidents of
the appropriate board of education or school boards if the
check investigation was requested from the Department of State
Police by the regional superintendent, the State
Superintendent of Education, the State Teacher Certification
Board or any other person necessary to the decision of hiring
the applicant for employment. A copy of the record of
convictions obtained from the Department of State Police shall
be provided to the applicant for employment. If a check an
investigation of an applicant for employment as a substitute or
concurrent part-time teacher or concurrent educational support
personnel employee in more than one school district was
requested by the regional superintendent, and the Department of
State Police upon a check investigation ascertains that the
applicant has not been convicted of any of the enumerated
criminal or drug offenses in subsection (c) or has not been
convicted, within 7 years of the application for employment
with the school district, of any other felony under the laws of
this State or of any offense committed or attempted in any
other state or against the laws of the United States that, if
committed or attempted in this State, would have been
punishable as a felony under the laws of this State and so
notifies the regional superintendent, then the regional
superintendent shall issue to the applicant a certificate
evidencing that as of the date specified by the Department of
State Police the applicant has not been convicted of any of the
enumerated criminal or drug offenses in subsection (c) or has
not been convicted, within 7 years of the application for
employment with the school district, of any other felony under
the laws of this State or of any offense committed or attempted
in any other state or against the laws of the United States
that, if committed or attempted in this State, would have been
punishable as a felony under the laws of this State. The school
board of any school district located in the educational service
region served by the regional superintendent who issues such a
certificate to an applicant for employment as a substitute or
concurrent part-time teacher or concurrent educational support
personnel employee in more than one such district may rely on
the certificate issued by the regional superintendent to that
applicant, or may initiate its own criminal history records
check investigation of the applicant through the Department of
State Police as provided in subsection (a). Any person who
releases any confidential information concerning any criminal
convictions of an applicant for employment shall be guilty of a
Class A misdemeanor, unless the release of such information is
authorized by this Section.
    (c) The board of education shall not knowingly employ a
person who has been convicted for committing attempted first
degree murder or for committing or attempting to commit first
degree murder or a Class X felony or any one or more of the
following offenses: (i) those defined in Sections 11-6, 11-9,
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1,
11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15
and 12-16 of the Criminal Code of 1961; (ii) those defined in
the Cannabis Control Act, except those defined in Sections
4(a), 4(b) and 5(a) of that Act; (iii) those defined in the
Illinois Controlled Substances Act; and (iv) any offense
committed or attempted in any other state or against the laws
of the United States, which if committed or attempted in this
State, would have been punishable as one or more of the
foregoing offenses. Further, the board of education shall not
knowingly employ a person who has been found to be the
perpetrator of sexual or physical abuse of any minor under 18
years of age pursuant to proceedings under Article II of the
Juvenile Court Act of 1987.
    (d) The board of education shall not knowingly employ a
person for whom a criminal history records check background
investigation has not been initiated.
    (e) Upon receipt of the record of a conviction of or a
finding of child abuse by a holder of any certificate issued
pursuant to Article 21 or Section 34-8.1 or 34-83 of the School
Code, the board of education or the State Superintendent of
Education shall initiate the certificate suspension and
revocation proceedings authorized by law.
    (f) After March 19, 1990, the provisions of this Section
shall apply to all employees of persons or firms holding
contracts with any school district including, but not limited
to, food service workers, school bus drivers and other
transportation employees, who have direct, daily contact with
the pupils of any school in such district. For purposes of
criminal history records checks background investigations on
employees of persons or firms holding contracts with more than
one school district and assigned to more than one school
district, the regional superintendent of the educational
service region in which the contracting school districts are
located may, at the request of any such school district, be
responsible for receiving the authorization for a check
investigation prepared by each such employee and submitting the
same to the Department of State Police. Any information
concerning the record of conviction of any such employee
obtained by the regional superintendent shall be promptly
reported to the president of the appropriate school board or
school boards.
(Source: P.A. 93-418, eff. 1-1-04.)
 
    Section 15. The Juvenile Court Act of 1987 is amended by
changing Section 2-21 as follows:
 
    (705 ILCS 405/2-21)  (from Ch. 37, par. 802-21)
    Sec. 2-21. Findings and adjudication.
    (1) The court shall state for the record the manner in
which the parties received service of process and shall note
whether the return or returns of service, postal return receipt
or receipts for notice by certified mail, or certificate or
certificates of publication have been filed in the court
record. The court shall enter any appropriate orders of default
against any parent who has been properly served in any manner
and fails to appear.
    No further service of process as defined in Sections 2-15
and 2-16 is required in any subsequent proceeding for a parent
who was properly served in any manner, except as required by
Supreme Court Rule 11.
    The caseworker shall testify about the diligent search
conducted for the parent.
    After hearing the evidence the court shall determine
whether or not the minor is abused, neglected, or dependent. If
it finds that the minor is not such a person, the court shall
order the petition dismissed and the minor discharged. The
court's determination of whether the minor is abused,
neglected, or dependent shall be stated in writing with the
factual basis supporting that determination.
    If the court finds that the minor is abused, neglected, or
dependent, the court shall then determine and put in writing
the factual basis supporting that determination, and specify,
to the extent possible, the acts or omissions or both of each
parent, guardian, or legal custodian that form the basis of the
court's findings. That finding shall appear in the order of the
court.
    If the court finds that the child has been abused,
neglected or dependent, the court shall admonish the parents
that they must cooperate with the Department of Children and
Family Services, comply with the terms of the service plan, and
correct the conditions that require the child to be in care, or
risk termination of parental rights.
    If the court determines that a person has inflicted
physical or sexual abuse upon a minor, the court shall report
that determination to the Department of State Police, which
shall include that information in its report to the President
of the school board for a school district that requests a
criminal history records check background investigation of
that person, or the regional superintendent of schools who
requests a check of that person, as required under Section
10-21.9 or 34-18.5 of the School Code.
    (2) If, pursuant to subsection (1) of this Section, the
court determines and puts in writing the factual basis
supporting the determination that the minor is either abused or
neglected or dependent, the court shall then set a time not
later than 30 days after the entry of the finding for a
dispositional hearing (unless an earlier date is required
pursuant to Section 2-13.1) to be conducted under Section 2-22
at which hearing the court shall determine whether it is
consistent with the health, safety and best interests of the
minor and the public that he be made a ward of the court. To
assist the court in making this and other determinations at the
dispositional hearing, the court may order that an
investigation be conducted and a dispositional report be
prepared concerning the minor's physical and mental history and
condition, family situation and background, economic status,
education, occupation, history of delinquency or criminality,
personal habits, and any other information that may be helpful
to the court. The dispositional hearing may be continued once
for a period not to exceed 30 days if the court finds that such
continuance is necessary to complete the dispositional report.
    (3) The time limits of this Section may be waived only by
consent of all parties and approval by the court, as determined
to be consistent with the health, safety and best interests of
the minor.
    (4) For all cases adjudicated prior to July 1, 1991, for
which no dispositional hearing has been held prior to that
date, a dispositional hearing under Section 2-22 shall be held
within 90 days of July 1, 1991.
    (5) The court may terminate the parental rights of a parent
at the initial dispositional hearing if all of the following
conditions are met:
        (i) the original or amended petition contains a request
    for termination of parental rights and appointment of a
    guardian with power to consent to adoption; and
        (ii) the court has found by a preponderance of
    evidence, introduced or stipulated to at an adjudicatory
    hearing, that the child comes under the jurisdiction of the
    court as an abused, neglected, or dependent minor under
    Section 2-18; and
        (iii) the court finds, on the basis of clear and
    convincing evidence admitted at the adjudicatory hearing
    that the parent is an unfit person under subdivision D of
    Section 1 of the Adoption Act; and
        (iv) the court determines in accordance with the rules
    of evidence for dispositional proceedings, that:
            (A) it is in the best interest of the minor and
        public that the child be made a ward of the court;
            (A-5) reasonable efforts under subsection (l-1) of
        Section 5 of the Children and Family Services Act are
        inappropriate or such efforts were made and were
        unsuccessful; and
            (B) termination of parental rights and appointment
        of a guardian with power to consent to adoption is in
        the best interest of the child pursuant to Section
        2-29.
(Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by P.A.
90-443); 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-443, eff.
8-16-97; 90-566, eff. 1-2-98; 90-608, eff. 6-30-98.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.