100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4321
 
Introduced , by Rep. Michael D. Unes
 
SYNOPSIS AS INTRODUCED:
 

 



705 ILCS 405/2-33

     Amends the Juvenile Court Act of 1987. Makes technical changes in a provision concerning supplemental petitions to reinstate wardship of a juvenile to  the court.
  


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A BILL FOR
 

  
HB4321LRB100 16190 SLF 31311 b


  
1    AN ACT concerning courts.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Juvenile Court Act of 1987 is amended  by 
5changing Section 2-33 as follows:
 



6    (705 ILCS 405/2-33)



7    Sec. 2-33. Supplemental petition to reinstate wardship. 

8    (1) Any time prior to a minor's 18th birthday, pursuant to 
9a supplemental
petition filed under this Section, the court may 
10reinstate wardship and open a
previously closed case when:


11        (a) wardship and guardianship under the Juvenile Court 
12    Act of 1987 was
vacated in
conjunction with the appointment 
13    of a private guardian under the Probate Act of
1975; or 


14        (b) the minor is not presently a ward of the court 
15    under Article II of
this Act nor is there a petition for 
16    adjudication of wardship pending on behalf
of the minor; 
17    and


18        (c) it is in the minor's best interest that wardship be 
19    reinstated.

20    (2) Any time prior to a minor's 21st birthday, pursuant to 
21a supplemental petition filed under this Section, the court may 
22reinstate wardship and open a previously closed case when:
23        (a) wardship and guardianship under this Act was 
 
 
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1    vacated pursuant to:
2            (i) an order entered under subsection (2) of 
3        Section 2-31 in the case of a minor over the age of 18; 
4        or 
5            (ii) closure of a case under subsection (2) of 
6        Section 2-31 in the case of a minor under the age of 18 
7        who has been partially or completely emancipated in 
8        accordance with the Emancipation of Minors Act; or
9            (iii)  an order entered under subsection (3) of 
10        Section 2-31 based on the minor's attaining the age of 
11        19 years; or 
12        (b) the minor is not presently a ward of the court 
13    under Article II of this Act nor is there a petition for 
14    adjudication of wardship pending on behalf of the minor; 
15    and
16        (c) it is in the minor's best interest that wardship be 
17    reinstated.
18    (3) The supplemental petition must be filed in the same 
19proceeding in which
the original adjudication order was 
20entered.  Unless excused by court for good
cause shown, the 
21petitioner shall give notice of the time and place of the

22hearing on the supplemental petition, in person or by mail, to 
23the minor, if
the
minor is 14 years of age or older, and to the 
24parties to the juvenile court
proceeding.
 Notice shall be 
25provided at least 3 court days in advance of the hearing
date.

26    (4) A minor who is the subject of a petition to reinstate 
 
 
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1wardship under this Section shall be provided with 
2representation in accordance with Sections 1-5 and 2-17 of this 
3Act.
4    (5) Whenever a minor is committed to the Department of 
5Children and Family Services for care and services following 
6the reinstatement of wardship under this Section, the 
7Department shall:
8        (a) Within 30 days of such commitment, prepare and file 
9    with the court a case plan which complies with the federal 
10    Adoption Assistance and Child Welfare Act of 1980 and is 
11    consistent with the health, safety and best interests of 
12    the minor; and
13        (b) Promptly refer the minor for such services as are 
14    necessary and consistent with the minor's health, safety 
15    and best interests. 
16(Source: P.A. 96-581, eff. 1-1-10.)