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| Public Act 098-0083 | ||||
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AN ACT concerning the Department of Juvenile Justice.
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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 State Employee Indemnification Act is | ||||
amended by changing Section 1 as follows: | ||||
(5 ILCS 350/1) (from Ch. 127, par. 1301)
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Sec. 1. Definitions. For the purpose of this Act:
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(a) The term "State" means the State of Illinois, the | ||||
General
Assembly, the court, or any State office, department, | ||||
division, bureau,
board, commission, or committee, the | ||||
governing boards of the public
institutions of higher education | ||||
created by the State, the Illinois
National Guard, the | ||||
Comprehensive Health Insurance Board, any poison control
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center designated under the Poison Control System Act that | ||||
receives State
funding, or any other agency or instrumentality | ||||
of the State. It
does not mean any local public entity as that | ||||
term is defined in Section
1-206 of the Local Governmental and | ||||
Governmental Employees Tort Immunity
Act or a pension fund.
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(b) The term "employee" means any present or former elected | ||||
or
appointed officer, trustee or employee of the State, or of a | ||||
pension
fund,
any present or former commissioner or employee of | ||||
the Executive Ethics
Commission or of the Legislative Ethics | ||||
Commission, any present or former
Executive, Legislative, or | ||||
Auditor General's Inspector General, any present or
former | ||
employee of an Office of an Executive, Legislative, or Auditor | ||
General's
Inspector General, any present or former member of | ||
the Illinois National
Guard
while on active duty, individuals | ||
or organizations who contract with the
Department of | ||
Corrections, the Department of Juvenile Justice, the | ||
Comprehensive Health Insurance Board, or the
Department of | ||
Veterans' Affairs to provide services, individuals or
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organizations who contract with the Department of Human | ||
Services (as
successor to the Department of Mental Health and | ||
Developmental
Disabilities) to provide services including but | ||
not limited to treatment and
other services for sexually | ||
violent persons, individuals or organizations who
contract | ||
with the Department of
Military
Affairs for youth programs, | ||
individuals or
organizations who contract to perform carnival | ||
and amusement ride safety
inspections for the Department of | ||
Labor, individual representatives of or
designated | ||
organizations authorized to represent the Office of State | ||
Long-Term
Ombudsman for the Department on Aging, individual | ||
representatives of or
organizations designated by the | ||
Department on Aging in the performance of their
duties as elder | ||
abuse provider agencies or regional administrative agencies
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under the Elder Abuse and Neglect Act, individuals or | ||
organizations who perform
volunteer services for the State | ||
where such volunteer relationship is reduced
to writing, | ||
individuals who serve on any public entity (whether created by | ||
law
or administrative action) described in paragraph (a) of | ||
this Section,
individuals or not for profit organizations who, | ||
either as volunteers, where
such volunteer relationship is | ||
reduced to writing, or pursuant to contract,
furnish | ||
professional advice or consultation to any agency or | ||
instrumentality of
the State, individuals who serve as foster | ||
parents for the Department of
Children and Family Services when | ||
caring for a Department ward, individuals who serve as members | ||
of an independent team of experts under Brian's Law, and | ||
individuals
who serve as arbitrators pursuant to Part 10A of
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Article II of the Code of Civil Procedure and the rules of the | ||
Supreme Court
implementing Part 10A, each as now or hereafter | ||
amended, but does not mean an
independent contractor except as | ||
provided in this Section. The term includes an
individual | ||
appointed as an inspector by the Director of State Police when
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performing duties within the scope of the activities of a | ||
Metropolitan
Enforcement Group or a law enforcement | ||
organization established under the
Intergovernmental | ||
Cooperation Act. An individual who renders professional
advice | ||
and consultation to the State through an organization which | ||
qualifies as
an "employee" under the Act is also an employee. | ||
The term includes the estate
or personal representative of an | ||
employee.
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(c) The term "pension fund" means a retirement system or | ||
pension
fund created under the Illinois Pension Code.
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(Source: P.A. 96-1235, eff. 1-1-11.)
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Section 10. The Juvenile Court Act of 1987 is amended by | ||
changing Section 3-28 as follows:
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(705 ILCS 405/3-28) (from Ch. 37, par. 803-28)
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Sec. 3-28. Placement; legal custody or guardianship.
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(1) If the court finds that 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
appropriate services aimed at | ||
family preservation and family reunification
have been | ||
unsuccessful in rectifying the conditions which have led to | ||
such
a finding of unfitness or inability to care for, protect, | ||
train or
discipline the minor, and that it is in the best | ||
interest of the minor to
take him from the custody of his | ||
parents, guardian or custodian, the court may:
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(a) place him in the custody of a suitable relative or | ||
other person;
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(b) place him under the guardianship of a probation | ||
officer;
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(c) commit him to an agency for care or placement, | ||
except an
institution under the authority of the Department | ||
of Juvenile Justice Corrections or of
the Department of | ||
Children and Family Services;
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(d) commit him to some licensed training school or | ||
industrial school; or
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(e) commit him to any appropriate institution having | ||
among its
purposes the care of delinquent children, | ||
including a child protective
facility maintained by a Child | ||
Protection District serving the county from
which | ||
commitment is made, but not including any institution under | ||
the
authority of the Department of Juvenile Justice | ||
Corrections or of the Department of Children
and Family | ||
Services.
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(2) When making such placement, the court, wherever | ||
possible, shall
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 of Children and Family Services 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.
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(3) When a minor is placed with a suitable relative or | ||
other person,
the court shall appoint him 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
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guardians of the person of the minor have the respective rights | ||
and
duties set forth in paragraph (9) of Section 1-3 except as | ||
otherwise
provided by order of the court; but no guardian of | ||
the person may consent
to adoption of the minor unless that | ||
authority is conferred upon him in
accordance with Section | ||
3-30. An agency whose representative is appointed
guardian of | ||
the person or legal custodian of the minor may place him in any
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child care facility, but such 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 | ||
such minor in a child care facility unless such 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 "An Act creating the | ||
Department of Children and Family
Services, codifying its | ||
powers and duties, and repealing certain Acts and
Sections | ||
herein named". 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.
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(4) 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.
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(5) The clerk of the court shall issue to such legal | ||
custodian or
guardian of the person a certified copy of the | ||
order of the court, as proof
of his authority. No other process | ||
is necessary as authority for the
keeping of the minor.
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(6) Custody or guardianship granted hereunder continues | ||
until the
court otherwise directs, but not after the minor | ||
reaches the age of 19
years except as set forth in Section | ||
3-32.
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(Source: P.A. 89-422.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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