Public Act 097-0975
 
HB3806 EnrolledLRB097 13345 RLC 57861 b


  
    AN ACT concerning minors.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Juvenile Court Act of 1987 is amended  by 
changing Section 3-33.5 as follows:
 
    (705 ILCS 405/3-33.5)

    Sec. 3-33.5. Truant minors in need of supervision.

    (a) Definition.  A
minor who is reported by the office of 
the regional superintendent of schools,
or, in cities of over 
500,000 inhabitants, by the Office of Chronic Truant

Adjudication, as a chronic truant may be subject to a petition 
for adjudication and adjudged a
truant minor in need of 
supervision, provided that prior to the filing of the petition, 
the office
of the regional superintendent of schools, the 
Office of Chronic Truant
Adjudication,  or a community truancy 
review board certifies that the local school has provided 
appropriate truancy intervention services
to the truant minor 
and his or her family. For purposes of this Section, "truancy 
intervention services"
means services designed to assist the 
minor's return to an educational program, and includes but is 
not
limited to: assessments, counseling, mental health 
services, shelter, optional and alternative education

programs, tutoring, and educational advocacy. If, after review 
by the regional office of education, the Office of Chronic 
Truant
Adjudication, or
community truancy review board it is 
determined the local
school did not provide the appropriate 
interventions, then the minor shall be referred to a 
comprehensive community
based youth service agency for truancy 
intervention services. If the comprehensive community based 
youth service
agency is incapable to provide intervention 
services, then this requirement for services is
not applicable. 
The comprehensive community based youth service agency shall 
submit reports to the office of the
regional superintendent of 
schools, the Office of Chronic Truant
Adjudication, or truancy 
review board within 20, 40, and 80 school days of the initial 
referral or at any other time requested by the
office of the 
regional superintendent of schools, the Office of Chronic 
Truant
Adjudication, or truancy review board, which reports 
each shall certify the date of the minor's referral and the 
extent of the
minor's progress and participation in truancy 
intervention services provided by the comprehensive community 
based youth service agency. In addition, if, after referral by 
the office of the regional superintendent of
schools, the 
Office of Chronic Truant
Adjudication, or community truancy 
review board, the minor
declines or refuses to fully 
participate in truancy intervention services provided by the 
comprehensive community based
youth service agency, then the 
agency shall immediately certify such facts to the office of 
the regional
superintendent of schools, the Office of Chronic 
Truant
Adjudication, or community truancy review board.
    (a-1) There is a rebuttable presumption that a chronic 
truant is a truant
minor in need of supervision.
    (a-2) There is a rebuttable presumption that school records 
of a minor's
attendance at school are authentic.
    (a-3) For purposes of this Section, "chronic truant" means 
a minor subject to compulsory school attendance and who is 
absent without valid cause from such attendance for 10% or more 
of the previous 180 regular attendance days and has the meaning

ascribed to it in Section 26-2a of the School Code.
    (a-4) For purposes of this Section, a "community truancy 
review board" is a local community based board comprised of but 
not limited to: representatives from local comprehensive 
community based youth service agencies, representatives from 
court service agencies, representatives from local schools, 
representatives from health service agencies, and 
representatives from local professional and community 
organizations as deemed appropriate by the office of the 
regional superintendent of schools, or, in cities of over 
500,000 inhabitants, by the Office of Chronic Truant

Adjudication. The regional superintendent of schools, or, in 
cities of over 500,000 inhabitants, the Office of Chronic 
Truant
Adjudication, must approve the establishment and 
organization of a community truancy review board and the 
regional superintendent of schools or his or her designee, or, 
in cities of over 500,000 inhabitants, the general 
superintendent of schools or his or her designee, shall chair 
the board.
    (a-5) Nothing in this Section shall be construed to create 
a private cause of action or right of recovery against a 
regional office of education or the Office of Chronic Truant

Adjudication,  its superintendent, or its staff with respect to 
truancy intervention services where the determination to 
provide the services is made in good faith.
    (b) Kinds of dispositional orders.  A minor found to be a 
truant minor
in need of supervision may be:
        (1) committed to the appropriate
 regional 
    superintendent of schools for a student assistance team 
    staffing, a service plan, or referral to a comprehensive 
    community based youth service agency;
        (2) required to comply with a service
plan as 
    specifically provided by the appropriate regional 
    superintendent of
schools;
        (3) ordered to obtain counseling or other supportive 
    services;
        (4) subject to a fine in an amount in excess of $5, but 
    not exceeding
$100, and each day of absence without valid 
    cause as defined in Section 26-2a
of The School Code is a 
    separate offense;
        (5) required to perform some reasonable public service 
    work such as, but
not limited to, the picking up of litter 
    in public parks or along public
highways or the maintenance 
    of public facilities; or
        (6) subject to having his or her driver's license or 
    driving privilege
suspended for a period of time as 
    determined by the court but only until he
or she attains 18 
    years of age.
    A dispositional order may include a fine, public service, 
or
suspension of a driver's license or privilege only if the 
court has made an
express written finding that a truancy 
prevention program has been offered by
the school, regional 
superintendent of schools, or a comprehensive community based 
youth service
agency to the truant minor in need of 
supervision.
    (c) Orders entered under this Section may be enforced by 
contempt
proceedings.


(Source: P.A. 94-1011, eff. 7-7-06.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.