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Rep. Robert W. Churchill
Filed: 2/27/2006
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09400HB4391ham001 |
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LRB094 13392 RLC 56596 a |
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| AMENDMENT TO HOUSE BILL 4391
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| AMENDMENT NO. ______. Amend House Bill 4391 on page 1, by |
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| inserting immediately below line 3, the following:
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| "Section 2. The Juvenile Court Act of 1987 is amended by |
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| changing Section 5-740 as follows:
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| (705 ILCS 405/5-740)
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| Sec. 5-740. Placement; legal custody or guardianship.
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| (1) Except as otherwise provided in subsection (1.5), if
If
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| the court finds that the parents, guardian, or legal custodian |
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| of a
minor adjudged a ward of the court are unfit or are |
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| unable, for some reason
other than financial
circumstances |
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| alone, to care for, protect, train or discipline the minor or |
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| are
unwilling to do so, and that appropriate services aimed at |
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| family preservation
and family reunification have been |
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| unsuccessful in rectifying the conditions
which have led to a |
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| finding of unfitness or inability to care for, protect,
train |
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| or discipline the minor, and that it is in the best interest of |
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| the minor
to take him or her from the custody of his or her |
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| parents, guardian or
custodian, the
court
may:
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| (a) place him or her in the custody of a suitable |
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| relative or other
person;
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| (b) place him or her under the guardianship of a |
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| probation officer;
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| (c) commit him or her to an agency for care or |
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09400HB4391ham001 |
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LRB094 13392 RLC 56596 a |
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| placement, except an
institution
under the authority of the |
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| Department of Corrections or of the Department of
Children |
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| and
Family Services;
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| (d) commit him or her to some licensed training school |
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| or industrial
school; or
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| (e) commit him or her to any appropriate institution |
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| having among its
purposes the
care of delinquent children, |
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| including a child protective facility maintained
by a child |
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| protection district serving the county from which |
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| commitment is
made, but not including any institution under |
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| the authority of the Department
of Corrections or of the |
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| Department of Children and Family Services.
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| (1.5) If a minor under 13 years of age commits an act that |
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| if committed by an adult would be a violation of paragraph (13) |
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| of subsection (a) of Section 26-1 of the Criminal Code of 1961, |
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| the court may not place the minor in a juvenile detention |
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| center or facility.
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| (2) When making such placement, the court, wherever |
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| possible, shall select
a person holding the same religious |
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| belief as that of the minor or a private
agency controlled by |
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| persons of like religious faith of the minor and shall
require |
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| the Department of Children and
Family Services to otherwise |
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| comply with Section 7 of the Children and Family
Services Act |
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| in placing the child. In addition, whenever alternative plans |
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| for
placement are available, the court shall ascertain and |
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| consider, to the extent
appropriate in the particular case, the |
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| views and preferences of the minor.
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| (3) When a minor is placed with a suitable relative or |
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| other person, the
court shall appoint him or her the legal |
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| custodian or guardian of the person of
the
minor. When a minor |
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| is committed to any agency, the court shall appoint the
proper |
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| officer or representative of the proper officer as legal |
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| custodian or
guardian of the
person of the minor. Legal |
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| custodians and guardians of the person of the minor
have the |
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09400HB4391ham001 |
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LRB094 13392 RLC 56596 a |
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| respective rights and duties set forth in subsection (9) of
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| Section 5-105 except as otherwise provided by order of court; |
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| but no guardian
of the person may consent to adoption of the |
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| minor. An agency whose
representative is appointed guardian of |
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| the person or legal custodian of the
minor may place him or her |
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| in any child care facility, but the facility must be
licensed |
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| under the Child Care Act of 1969 or have been approved by the
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| Department of Children and Family Services as meeting the |
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| standards established
for such licensing. Like authority and |
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| restrictions shall be conferred by the
court upon any probation |
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| officer who has been appointed guardian of the person
of a |
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| minor.
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| (4) No placement by any probation officer or agency whose |
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| representative
is
appointed guardian of the person or legal |
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| custodian of a minor may be made in
any out of State
child care |
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| facility unless it complies with the Interstate Compact on the
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| Placement of Children.
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| (5) The clerk of the court shall issue to the guardian or |
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| legal custodian
of the person a certified copy of the order of |
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| court, as proof of his or her
authority. No other process is |
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| necessary as authority for the keeping of the
minor.
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| (6) Legal custody or guardianship granted under this |
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| Section continues
until the court otherwise directs, but not |
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| after the minor reaches the age of
21 years except as set forth |
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| in Section 5-750.
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| (Source: P.A. 90-590, eff. 1-1-99.)".
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