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HB0616 Enrolled |
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LRB095 05209 DRJ 25283 b |
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| AN ACT concerning children.
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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 2. The Child Death Review Team Act is amended by |
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| changing Sections 20 and 40 as follows:
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| (20 ILCS 515/20)
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| Sec. 20. Reviews of child deaths.
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| (a) Every child death shall be reviewed by the team in the |
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| subregion which
has
primary case management responsibility. |
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| The deceased child must be one of the
following:
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| (1) A ward of the Department.
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| (2) The subject of an open service case maintained by |
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| the Department.
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| (3) The subject of a pending child abuse or neglect |
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| investigation.
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| (4) A child who was the subject of an abuse or neglect |
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| investigation at
any time
during the 12 months preceding |
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| the child's death.
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| (5) Any other child whose death is reported to the |
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| State central
register as a result of alleged child abuse |
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| or neglect which report is
subsequently indicated.
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| A child death review team may, at its discretion, review |
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| other sudden,
unexpected, or unexplained child deaths.
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HB0616 Enrolled |
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LRB095 05209 DRJ 25283 b |
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| (b) A child death review team's purpose in conducting |
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| reviews of child
deaths
is to do the following:
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| (1) Assist in determining the cause and manner of the |
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| child's death, when
requested.
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| (2) Evaluate means by which the death might have been |
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| prevented.
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| (3) Report its findings to appropriate agencies and |
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| make recommendations
that may help to reduce the number of |
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| child deaths caused by abuse or neglect.
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| (4) Promote continuing education for professionals |
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| involved in
investigating, treating, and preventing child |
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| abuse and neglect as a means of
preventing child deaths due |
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| to abuse or neglect.
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| (5) Make specific recommendations to the Director and |
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| the Inspector
General of the Department concerning the |
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| prevention of child deaths due to
abuse or neglect and the |
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| establishment of protocols for investigating child
deaths.
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| (c) A child death review team shall review a child death as |
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| soon as
practical and not later than
90 days following
the
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| completion by the Department of the investigation of the death |
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| under the
Abused and Neglected Child Reporting Act. When there |
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| has been no investigation
by the Department, the child death |
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| review team shall review a child's death
within 90 days after |
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| obtaining the information necessary to complete the review
from |
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| the coroner, pathologist, medical examiner, or law enforcement |
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| agency,
depending on the nature of the case. A child death
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HB0616 Enrolled |
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LRB095 05209 DRJ 25283 b |
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| review
team shall meet at
least once in
each calendar quarter.
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| (d) The Director shall, within 90 days, review and reply to |
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| recommendations
made by a team under
item (5) of
subsection |
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| (b). With respect to each recommendation made by a team, the |
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| Director shall submit his or her reply both to the chairperson |
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| of that team and to the chairperson of the Executive Council. |
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| The Director's reply to each recommendation must include a |
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| statement as to whether the Director intends to implement the |
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| recommendation. |
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| The Director shall implement recommendations as feasible |
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| and
appropriate and shall respond in writing to explain the |
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| implementation or
nonimplementation of the recommendations. |
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| (e) Within 90 days after the Director submits a reply with |
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| respect to a recommendation as required by subsection (d), the |
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| Director must submit an additional report that sets forth in |
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| detail the way, if any, in which the Director will implement |
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| the recommendation and the schedule for implementing the |
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| recommendation. The Director shall submit this report to the |
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| chairperson of the team that made the recommendation and to the |
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| chairperson of the Executive Council. |
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| (f) Within 180 days after the Director submits a report |
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| under subsection (e) concerning the implementation of a |
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| recommendation, the Director shall submit a further report to |
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| the chairperson of the team that made the recommendation and to |
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| the chairperson of the Executive Council. This report shall set |
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| forth the specific changes in the Department's policies and |
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HB0616 Enrolled |
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LRB095 05209 DRJ 25283 b |
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| procedures that have been made in response to the |
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| recommendation.
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| (Source: P.A. 90-239, eff. 7-28-97; 90-608, eff. 6-30-98.)
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| (20 ILCS 515/40)
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| Sec. 40. Illinois Child Death Review Teams Executive |
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| Council.
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| (a) The Illinois Child Death Review Teams Executive |
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| Council, consisting of
the
chairpersons of the 9 child death |
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| review teams in Illinois, is the coordinating
and
oversight |
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| body for child death review teams and activities in Illinois. |
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| The
vice-chairperson of a child death review team, as |
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| designated by the
chairperson, may
serve
as a back-up member or |
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| an alternate member of the Executive Council, if the
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| chairperson of the child death review team is unavailable to |
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| serve on the
Executive Council. The Inspector General of the |
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| Department, ex officio, is a
non-voting member of the Executive |
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| Council. The Director may
appoint to the Executive Council any
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| ex-officio members deemed necessary. Persons with
expertise |
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| needed by the Executive Council may be invited to meetings. The
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| Executive Council must select from its members a chairperson |
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| and a
vice-chairperson, each
to serve a 2-year, renewable term.
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| The Executive Council must meet at least 4 times during |
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| each calendar year. At each such meeting, in addition to any |
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| other matters under consideration, the Executive Council shall |
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| review all replies and reports received from the Director |
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HB0616 Enrolled |
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LRB095 05209 DRJ 25283 b |
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| pursuant to subsections (d), (e), and (f) of Section 20 since |
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| the Executive Council's previous meeting. The Executive |
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| Council's review must include consideration of the Director's |
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| proposed manner of and schedule for implementing each |
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| recommendation made by a child death review team.
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| (b) The Department must provide or arrange for the staff |
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| support necessary
for the
Executive Council to carry out its |
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| duties.
The Director, in cooperation and consultation with the |
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| Executive Council, shall
appoint, reappoint, and remove team |
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| members.
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| (c) The Executive Council has, but is not limited to, the |
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| following duties:
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| (1) To serve as the voice of child death review teams |
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| in Illinois.
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| (2) To oversee the regional teams in order to ensure |
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| that the teams' work
is
coordinated and in compliance with |
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| the statutes and the operating protocol.
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| (3) To ensure that the data, results, findings, and |
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| recommendations of the
teams are
adequately used to make |
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| any necessary changes in the policies, procedures, and
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| statutes in order to protect children in a timely manner.
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| (4) To collaborate with the General Assembly, the |
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| Department, and others
in order to
develop any legislation |
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| needed to prevent child fatalities and to protect
children.
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| (5) To assist in the development of quarterly and |
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| annual reports based on
the work
and the findings of the |
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HB0616 Enrolled |
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LRB095 05209 DRJ 25283 b |
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| teams.
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| (6) To ensure that the regional teams' review processes |
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| are standardized
in order to
convey data, findings, and |
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| recommendations in a usable format.
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| (7) To serve as a link with child death review teams |
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| throughout the
country and to
participate in national child |
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| death review team activities.
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| (8) To develop an annual statewide symposium to update |
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| the knowledge and
skills of
child death review team members |
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| and to promote the exchange of information
between teams.
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| (9) To provide the child death review teams with the |
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| most current
information and practices concerning child |
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| death review and related topics.
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| (10) To perform any other functions necessary to |
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| enhance the capability of
the child death review teams to |
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| reduce and prevent child injuries and
fatalities.
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| (c-5) The Executive Council shall prepare an annual report. |
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| The report must include, but need not be limited to, (i) each |
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| recommendation made by a child death review team pursuant to |
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| item (5) of subsection (b) of Section 20 during the period |
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| covered by the report, (ii) the Director's proposed schedule |
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| for implementing each such recommendation, and (iii) a |
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| description of the specific changes in the Department's |
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| policies and procedures that have been made in response to the |
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| recommendation. The Executive Council shall send a copy of its |
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| annual report to each of the following: |
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HB0616 Enrolled |
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LRB095 05209 DRJ 25283 b |
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| (1) The Governor. |
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| (2) Each member of the Senate or the House of |
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| Representatives whose legislative district lies wholly or |
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| partly within the region covered by any child death review |
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| team whose recommendation is addressed in the annual |
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| report. |
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| (3) Each member of each child death review team in the |
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| State.
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| (d) In any instance when a child death review team does not |
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| operate in
accordance with
established protocol, the Director, |
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| in consultation and cooperation
with the Executive Council,
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| must take any necessary actions to bring the team into |
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| compliance
with the
protocol.
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| (Source: P.A. 92-468, eff. 8-22-01.)
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| Section 5. The Abused and Neglected Child Reporting Act is |
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| amended by changing Section 4.2 as follows:
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| (325 ILCS 5/4.2)
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| Sec. 4.2. Departmental report on death or serious |
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| life-threatening injury of child.
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| (a) In the case of the death or serious life-threatening |
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| injury of a child whose care and custody or custody
and |
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| guardianship has been transferred to the Department, or in the |
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| case
of a child abuse or neglect report made to the central |
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| register involving the
death of a child, the
Department shall |
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HB0616 Enrolled |
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LRB095 05209 DRJ 25283 b |
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| (i) investigate or provide for an investigation of the cause
of |
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| and circumstances surrounding the death or serious |
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| life-threatening injury , (ii) review the investigation,
and |
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| (iii) prepare and issue a report on the death or serious |
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| life-threatening injury .
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| (b) The report shall include (i) the cause of death or |
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| serious life-threatening injury , whether from natural
or other |
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| causes, (ii) identification of child protective or other |
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| services
provided or actions taken regarding the child and his |
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| or her family, (iii) any
extraordinary or pertinent information |
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| concerning the circumstances of the
child's death or serious |
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| life-threatening injury , (iii) identification of child |
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| protective or other social services provided or actions taken |
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| regarding the child or his or her family at the time of the |
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| death or serious life-threatening injury or within the |
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| preceding 5 years, (iv) whether the child or the child's family |
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| had received
assistance, care, or services from the social |
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| services district prior to the
child's death, (v) any action or |
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| further investigation undertaken by the
Department since the |
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| death or serious life-threatening injury of the
child, (v)
and |
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| (vi) as appropriate, recommendations for State
administrative |
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| or policy changes , and (vi) whether the alleged perpetrator of |
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| the abuse or neglect has been charged with committing a crime |
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| related to the report and allegation of abuse or neglect. In |
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| any case involving the death or near death of a child, when a |
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| person responsible for the child has been charged with |
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HB0616 Enrolled |
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LRB095 05209 DRJ 25283 b |
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| committing a crime that results in the child's death or near |
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| death, there shall be a presumption that the best interest of |
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| the public will be served by public disclosure of certain |
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| information concerning the circumstances of the investigations |
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| of the death or near death of the child and any other |
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| investigations concerning that child or other children living |
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| in the same household .
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| If the Department receives from the public a request for |
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| information relating to a case of child abuse or neglect |
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| involving the death or serious life-threatening injury of a |
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| child, the Director shall consult with the State's Attorney in |
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| the county of venue and release the report related to the case, |
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| except for the following, which may be redacted from the |
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| information disclosed to the public: any mental health or |
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| psychological information that is confidential as otherwise |
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| provided in State law; privileged communications of an |
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| attorney; the identity of the individual or individuals, if |
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| known, who made the report; information that may cause mental |
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| or physical harm to a sibling or another child living in the |
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| household; information that may undermine an ongoing criminal |
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| investigation; and any information prohibited from disclosure |
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| by federal law or regulation. Any information provided by an |
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| adult subject of a report that is released about the case in a |
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| public forum shall be subject to disclosure upon a public |
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| information request. Information about the case shall also be |
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| subject to disclosure upon consent of an adult subject. |
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HB0616 Enrolled |
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LRB095 05209 DRJ 25283 b |
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| Information about the case shall also be subject to disclosure |
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| if it has been publicly disclosed in a report by a law |
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| enforcement agency or official, a State's Attorney, a judge, or |
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| any other State or local investigative agency or official.
The |
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| report shall contain no information that would identify the |
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| name of the
deceased child, his or her siblings, the parent or |
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| other person legally
responsible for the child, or any other |
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| members of the child's household, but
shall refer instead to |
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| the case, which may be denoted in any fashion determined
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| appropriate by the Department. In making a
fatality report |
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| available to the public pursuant to subsection (c) of this
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| Section, the Department may respond to a child specific request |
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| for a
report if the Department determines that the disclosure |
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| is not contrary to
the best interests of the deceased child's |
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| siblings or other children in the
household. Except as it may |
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| apply directly to the cause of the death or serious |
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| life-threatening injury of the
child, nothing
in this Section |
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| shall be deemed to authorize the release or disclosure to the
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| public of
the substance or content of any psychological, |
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| psychiatric, therapeutic,
clinical, or medical reports, |
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| evaluation, or like materials or information
pertaining to the |
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| child or the child's family.
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| (c) No later than 6 months after the date of the death or |
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| serious life-threatening injury of the child, the
Department |
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| shall complete its report.
The Department shall notify the |
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| President of the Senate, the Minority Leader of
the Senate, the
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HB0616 Enrolled |
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LRB095 05209 DRJ 25283 b |
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| Speaker of the House of Representatives, the Minority Leader of |
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| the House of
Representatives, and the members of the Senate and |
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| the House of Representatives
in whose district the child's |
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| death or serious life-threatening injury occurred upon the |
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| completion of each report
and
shall submit an annual cumulative |
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| report to the Governor and the General
Assembly incorporating |
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| cumulative
the data about
in the above reports and including |
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| appropriate
findings
and recommendations. The reports required |
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| by this subsection (c)
concerning the death of a child and the
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| cumulative reports shall be made available to the public
after |
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| completion or submittal.
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| (d) To enable the Department to prepare the report, the |
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| Department may
request and shall timely receive from |
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| departments, boards, bureaus, or other
agencies of the State, |
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| or any of its political subdivisions, or any duly
authorized |
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| agency, or any other agency which provided assistance, care, or
|
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| services to the deceased or injured child any information they |
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| are authorized to
provide.
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| (Source: P.A. 90-15, eff. 6-13-97.)
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| Section 10. The Juvenile Court Act of 1987 is amended by |
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| changing Sections 2-10, 2-13, and 2-25 as follows:
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| (705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
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| Sec. 2-10. Temporary custody hearing. At the appearance of |
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| the
minor before the court at the temporary custody hearing, |
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HB0616 Enrolled |
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LRB095 05209 DRJ 25283 b |
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| all
witnesses present shall be examined before the court in |
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| relation to any
matter connected with the allegations made in |
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| the petition.
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| (1) If the court finds that there is not probable cause to |
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| believe
that the minor is abused, neglected or dependent it |
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| shall release
the minor and dismiss the petition.
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| (2) If the court finds that there is probable cause to |
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| believe that
the minor is abused, neglected or dependent, the |
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| court shall state in writing
the factual basis supporting its |
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| finding and the minor, his or her parent,
guardian, custodian |
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| and other persons able to give relevant testimony
shall be |
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| examined before the court. The Department of Children and
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| Family Services shall give testimony concerning indicated |
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| reports of abuse
and neglect, of which they are aware of |
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| through the central registry,
involving the minor's parent, |
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| guardian or custodian. After such
testimony, the court may, |
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| consistent with
the health,
safety and best interests of the |
18 |
| minor,
enter an order that the minor shall be released
upon the |
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| request of parent, guardian or custodian if the parent, |
20 |
| guardian
or custodian appears to take custody. If it is |
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| determined that a parent's, guardian's, or custodian's |
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| compliance with critical services mitigates the necessity for |
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| removal of the minor from his or her home, the court may enter |
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| an Order of Protection setting forth reasonable conditions of |
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| behavior that a parent, guardian, or custodian must observe for |
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| a specified period of time, not to exceed 12 months, without a |
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HB0616 Enrolled |
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LRB095 05209 DRJ 25283 b |
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| violation; provided, however, that the 12-month period shall |
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| begin anew after any violation. Custodian shall include any |
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| agency of
the State which has been given custody or wardship of |
4 |
| the child. If it is
consistent with the health, safety and best |
5 |
| interests of the
minor, the
court may also prescribe shelter |
6 |
| care and
order that the minor be kept in a suitable place |
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| designated by the court or in
a shelter care facility |
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| designated by the Department of Children and Family
Services or |
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| a licensed child welfare
agency; however, a minor charged with |
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| a
criminal offense under the Criminal Code of 1961 or |
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| adjudicated delinquent
shall not be placed in the custody of or |
12 |
| committed to the Department of
Children and Family Services by |
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| any court, except a minor less than 13
years of age and |
14 |
| committed to the Department of Children and Family Services
|
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| under Section 5-710 of this Act or a minor for whom an |
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| independent
basis of
abuse, neglect, or dependency exists, |
17 |
| which must be defined by departmental
rule.
In placing the |
18 |
| minor, the Department or other
agency shall, to the extent
|
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| compatible with the court's order, comply with Section 7 of the |
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| Children and
Family Services Act.
In determining
the health, |
21 |
| safety and best interests of the minor to prescribe shelter
|
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| care, the court must
find that it is a matter of immediate and |
23 |
| urgent necessity for the safety
and protection
of the minor or |
24 |
| of the person or property of another that the minor be placed
|
25 |
| in a shelter care facility or that he or she is likely to flee |
26 |
| the jurisdiction
of the court, and must further find that |
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HB0616 Enrolled |
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LRB095 05209 DRJ 25283 b |
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| reasonable efforts have been made or
that, consistent with the |
2 |
| health, safety and best interests of
the minor, no efforts |
3 |
| reasonably can be made to
prevent or eliminate the necessity of |
4 |
| removal of the minor from his or her
home. The court shall |
5 |
| require documentation from the Department of Children and
|
6 |
| Family Services as to the reasonable efforts that were made to |
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| prevent or
eliminate the necessity of removal of the minor from |
8 |
| his or her home or the
reasons why no efforts reasonably could |
9 |
| be made to prevent or eliminate the
necessity of removal. When |
10 |
| a minor is placed in the home of a relative, the
Department of |
11 |
| Children and Family Services shall complete a preliminary
|
12 |
| background review of the members of the minor's custodian's |
13 |
| household in
accordance with Section 4.3 of the Child Care Act |
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| of 1969 within 90 days of
that placement. If the minor is |
15 |
| ordered placed in a shelter care facility of
the Department of |
16 |
| Children and
Family Services or a licensed child welfare |
17 |
| agency, the court shall, upon
request of the appropriate |
18 |
| Department or other agency, appoint the
Department of Children |
19 |
| and Family Services Guardianship Administrator or
other |
20 |
| appropriate agency executive temporary custodian of the minor |
21 |
| and the
court may enter such other orders related to the |
22 |
| temporary custody as it
deems fit and proper, including the |
23 |
| provision of services to the minor or
his family to ameliorate |
24 |
| the causes contributing to the finding of probable
cause or to |
25 |
| the finding of the existence of immediate and urgent necessity.
|
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| Where the Department of Children and Family Services |
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HB0616 Enrolled |
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LRB095 05209 DRJ 25283 b |
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| Guardianship Administrator is appointed as the executive |
2 |
| temporary custodian, the Department of Children and Family |
3 |
| Services shall file with the court and serve on the parties a |
4 |
| parent-child visiting plan, within 10 days, excluding weekends |
5 |
| and holidays, after the appointment. The parent-child visiting |
6 |
| plan shall set out the time and place of visits, the frequency |
7 |
| of visits, the length of visits, who shall be present at the |
8 |
| visits, and where appropriate, the minor's opportunities to |
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| have telephone and mail communication with the parents. For |
10 |
| good cause, the court may waive the requirement to file the |
11 |
| parent-child visiting plan or extend the time for filing the |
12 |
| parent-child visiting plan. Any party may, by motion, request |
13 |
| the court to review the parent-child visiting plan to determine |
14 |
| whether it is reasonably calculated to expeditiously |
15 |
| facilitate the achievement of the permanency goal and is |
16 |
| consistent with the minor's best interest. The frequency, |
17 |
| duration, and locations of visitation shall be measured by the |
18 |
| needs of the child and family, and not by the convenience of |
19 |
| Department personnel. Child development principles shall be |
20 |
| considered by the court in its analysis of how frequent |
21 |
| visitation should be, how long it should last, where it should |
22 |
| take place, and who should be present. If upon motion of the |
23 |
| party to review the plan and after receiving evidence, the |
24 |
| court determines that the parent-child visiting plan is not |
25 |
| reasonably calculated to expeditiously facilitate the |
26 |
| achievement of the permanency goal or that the restrictions |
|
|
|
HB0616 Enrolled |
- 16 - |
LRB095 05209 DRJ 25283 b |
|
|
1 |
| placed on parent-child contact are contrary to the child's best |
2 |
| interests, the court shall put in writing the factual basis |
3 |
| supporting the determination and enter specific findings based |
4 |
| on the evidence. The court shall enter an order for the |
5 |
| Department to implement changes to the parent-child visiting |
6 |
| plan, consistent with the court's findings. At any stage of |
7 |
| proceeding, any party may by motion request the court to enter |
8 |
| any orders necessary to implement the parent-child visiting |
9 |
| plan. Nothing under this subsection (2) shall restrict the |
10 |
| court from granting discretionary authority to the Department |
11 |
| to increase opportunities for additional parent-child |
12 |
| contacts, without further court orders. Nothing in this |
13 |
| subsection (2) shall restrict the Department from immediately |
14 |
| restricting or terminating parent-child contact, without |
15 |
| either amending the parent-child visiting plan or obtaining a |
16 |
| court order, where the Department or its assigns reasonably |
17 |
| believe that continuation of parent-child contact, as set out |
18 |
| in the parent-child visiting plan, would be contrary to the |
19 |
| child's health, safety, and welfare. The Department shall file |
20 |
| with the court and serve on the parties any amendments to the |
21 |
| visitation plan within 10 days, excluding weekends and |
22 |
| holidays, of the change of the visitation. Any party may, by |
23 |
| motion, request the court to review the parent-child visiting |
24 |
| plan to determine whether the parent-child visiting plan is |
25 |
| reasonably calculated to expeditiously facilitate the |
26 |
| achievement of the permanency goal, and is consistent with the |
|
|
|
HB0616 Enrolled |
- 17 - |
LRB095 05209 DRJ 25283 b |
|
|
1 |
| minor's health, safety, and best interest.
|
2 |
| Acceptance of services shall not be considered an admission |
3 |
| of any
allegation in a petition made pursuant to this Act, nor |
4 |
| may a referral of
services be considered as evidence in any |
5 |
| proceeding pursuant to this Act,
except where the issue is |
6 |
| whether the Department has made reasonable
efforts to reunite |
7 |
| the family. In making its findings that it is
consistent with |
8 |
| the health, safety and best
interests of the minor to prescribe |
9 |
| shelter care, the court shall state in
writing (i) the factual |
10 |
| basis supporting its findings concerning the
immediate and |
11 |
| urgent necessity for the protection of the minor or of the |
12 |
| person
or property of another and (ii) the factual basis |
13 |
| supporting its findings that
reasonable efforts were made to |
14 |
| prevent or eliminate the removal of the minor
from his or her |
15 |
| home or that no efforts reasonably could be made to prevent or
|
16 |
| eliminate the removal of the minor from his or her home. The
|
17 |
| parents, guardian, custodian, temporary custodian and minor |
18 |
| shall each be
furnished a copy of such written findings. The |
19 |
| temporary custodian shall
maintain a copy of the court order |
20 |
| and written findings in the case record
for the child. The |
21 |
| order together with the court's findings of fact in
support |
22 |
| thereof shall be entered of record in the court.
|
23 |
| Once the court finds that it is a matter of immediate and |
24 |
| urgent necessity
for the protection of the minor that the minor |
25 |
| be placed in a shelter care
facility, the minor shall not be |
26 |
| returned to the parent, custodian or guardian
until the court |
|
|
|
HB0616 Enrolled |
- 18 - |
LRB095 05209 DRJ 25283 b |
|
|
1 |
| finds that such placement is no longer necessary for the
|
2 |
| protection of the minor.
|
3 |
| If the child is placed in the temporary custody of the |
4 |
| Department of
Children
and Family
Services for his or her |
5 |
| protection, the court shall admonish the parents,
guardian,
|
6 |
| custodian or responsible relative that the parents must |
7 |
| cooperate with the
Department of Children and Family Services, |
8 |
| comply
with the terms of the service plans, and correct the |
9 |
| conditions which require
the child to be in care, or risk |
10 |
| termination of their parental
rights.
|
11 |
| (3) If prior to the shelter care hearing for a minor |
12 |
| described in Sections
2-3, 2-4, 3-3 and 4-3 the moving party is |
13 |
| unable to serve notice on the
party respondent, the shelter |
14 |
| care hearing may proceed ex-parte. A shelter
care order from an |
15 |
| ex-parte hearing shall be endorsed with the date and
hour of |
16 |
| issuance and shall be filed with the clerk's office and entered |
17 |
| of
record. The order shall expire after 10 days from the time |
18 |
| it is issued
unless before its expiration it is renewed, at a |
19 |
| hearing upon appearance
of the party respondent, or upon an |
20 |
| affidavit of the moving party as to all
diligent efforts to |
21 |
| notify the party respondent by notice as herein
prescribed. The |
22 |
| notice prescribed shall be in writing and shall be
personally |
23 |
| delivered to the minor or the minor's attorney and to the last
|
24 |
| known address of the other person or persons entitled to |
25 |
| notice. The
notice shall also state the nature of the |
26 |
| allegations, the nature of the
order sought by the State, |
|
|
|
HB0616 Enrolled |
- 19 - |
LRB095 05209 DRJ 25283 b |
|
|
1 |
| including whether temporary custody is sought,
and the |
2 |
| consequences of failure to appear and shall contain a notice
|
3 |
| that the parties will not be entitled to further written |
4 |
| notices or publication
notices of proceedings in this case, |
5 |
| including the filing of an amended
petition or a motion to |
6 |
| terminate parental rights, except as required by
Supreme Court |
7 |
| Rule 11; and shall explain the
right of
the parties and the |
8 |
| procedures to vacate or modify a shelter care order as
provided |
9 |
| in this Section. The notice for a shelter care hearing shall be
|
10 |
| substantially as follows:
|
11 |
| NOTICE TO PARENTS AND CHILDREN
|
12 |
| OF SHELTER CARE HEARING
|
13 |
| On ................ at ........., before the Honorable |
14 |
| ................,
(address:) ................., the State |
15 |
| of Illinois will present evidence
(1) that (name of child |
16 |
| or children) ....................... are abused,
neglected |
17 |
| or dependent for the following reasons:
|
18 |
| ..............................................
and (2) |
19 |
| whether
that there is "immediate and urgent necessity" to |
20 |
| remove the child
or children from the responsible relative.
|
21 |
| YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN |
22 |
| PLACEMENT of the
child or children in foster care until a |
23 |
| trial can be held. A trial may
not be held for up to 90 |
24 |
| days. You will not be entitled to further notices
of |
25 |
| proceedings in this case, including the filing of an |
26 |
| amended petition or a
motion to terminate parental rights.
|
|
|
|
HB0616 Enrolled |
- 20 - |
LRB095 05209 DRJ 25283 b |
|
|
1 |
| At the shelter care hearing, parents have the following |
2 |
| rights:
|
3 |
| 1. To ask the court to appoint a lawyer if they |
4 |
| cannot afford one.
|
5 |
| 2. To ask the court to continue the hearing to |
6 |
| allow them time to
prepare.
|
7 |
| 3. To present evidence concerning:
|
8 |
| a. Whether or not the child or children were |
9 |
| abused, neglected
or dependent.
|
10 |
| b. Whether or not there is "immediate and |
11 |
| urgent necessity" to remove
the child from home |
12 |
| (including: their ability to care for the child,
|
13 |
| conditions in the home, alternative means of |
14 |
| protecting the child other
than removal).
|
15 |
| c. The best interests of the child.
|
16 |
| 4. To cross examine the State's witnesses.
|
17 |
| The Notice for rehearings shall be substantially as |
18 |
| follows:
|
19 |
| NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
|
20 |
| TO REHEARING ON TEMPORARY CUSTODY
|
21 |
| If you were not present at and did not have adequate |
22 |
| notice of the
Shelter Care Hearing at which temporary |
23 |
| custody of ............... was
awarded to |
24 |
| ................, you have the right to request a full |
25 |
| rehearing
on whether the State should have temporary |
|
|
|
HB0616 Enrolled |
- 21 - |
LRB095 05209 DRJ 25283 b |
|
|
1 |
| custody of ................. To
request this rehearing, |
2 |
| you must file with the Clerk of the Juvenile Court
|
3 |
| (address): ........................, in person or by |
4 |
| mailing a statement
(affidavit) setting forth the |
5 |
| following:
|
6 |
| 1. That you were not present at the shelter care |
7 |
| hearing.
|
8 |
| 2. That you did not get adequate notice (explaining |
9 |
| how the notice
was inadequate).
|
10 |
| 3. Your signature.
|
11 |
| 4. Signature must be notarized.
|
12 |
| The rehearing should be scheduled within 48 hours of |
13 |
| your filing this
affidavit.
|
14 |
| At the rehearing, your rights are the same as at the |
15 |
| initial shelter care
hearing. The enclosed notice explains |
16 |
| those rights.
|
17 |
| At the Shelter Care Hearing, children have the |
18 |
| following rights:
|
19 |
| 1. To have a guardian ad litem appointed.
|
20 |
| 2. To be declared competent as a witness and to |
21 |
| present testimony
concerning:
|
22 |
| a. Whether they are abused, neglected or |
23 |
| dependent.
|
24 |
| b. Whether there is "immediate and urgent |
25 |
| necessity" to be
removed from home.
|
26 |
| c. Their best interests.
|
|
|
|
HB0616 Enrolled |
- 22 - |
LRB095 05209 DRJ 25283 b |
|
|
1 |
| 3. To cross examine witnesses for other parties.
|
2 |
| 4. To obtain an explanation of any proceedings and |
3 |
| orders of the
court.
|
4 |
| (4) If the parent, guardian, legal custodian, responsible |
5 |
| relative,
minor age 8 or over, or counsel of the minor did not |
6 |
| have actual notice of
or was not present at the shelter care |
7 |
| hearing, he or she may file an
affidavit setting forth these |
8 |
| facts, and the clerk shall set the matter for
rehearing not |
9 |
| later than 48 hours, excluding Sundays and legal holidays,
|
10 |
| after the filing of the affidavit. At the rehearing, the court |
11 |
| shall
proceed in the same manner as upon the original hearing.
|
12 |
| (5) Only when there is reasonable cause to believe that the |
13 |
| minor
taken into custody is a person described in subsection |
14 |
| (3) of Section
5-105 may the minor be
kept or detained in a |
15 |
| detention home or county or municipal jail. This
Section shall |
16 |
| in no way be construed to limit subsection (6).
|
17 |
| (6) No minor under 16 years of age may be confined in a |
18 |
| jail or place
ordinarily used for the confinement of prisoners |
19 |
| in a police station. Minors
under 17 years of age must be kept |
20 |
| separate from confined adults and may
not at any time be kept |
21 |
| in the same cell, room, or yard with adults confined
pursuant |
22 |
| to the criminal law.
|
23 |
| (7) If the minor is not brought before a judicial officer |
24 |
| within the
time period as specified in Section 2-9, the minor |
25 |
| must immediately be
released from custody.
|
26 |
| (8) If neither the parent, guardian or custodian appears |
|
|
|
HB0616 Enrolled |
- 23 - |
LRB095 05209 DRJ 25283 b |
|
|
1 |
| within 24
hours to take custody of a minor released upon |
2 |
| request pursuant to
subsection (2) of this Section, then the |
3 |
| clerk of the court shall set the
matter for rehearing not later |
4 |
| than 7 days after the original order and
shall issue a summons |
5 |
| directed to the parent, guardian or custodian to
appear. At the |
6 |
| same time the probation department shall prepare a report
on |
7 |
| the minor. If a parent, guardian or custodian does not appear |
8 |
| at such
rehearing, the judge may enter an order prescribing |
9 |
| that the minor be kept
in a suitable place designated by the |
10 |
| Department of Children and Family
Services or a licensed child |
11 |
| welfare agency.
|
12 |
| (9) Notwithstanding any other provision of this
Section any |
13 |
| interested party, including the State, the temporary
|
14 |
| custodian, an agency providing services to the minor or family |
15 |
| under a
service plan pursuant to Section 8.2 of the Abused and |
16 |
| Neglected Child
Reporting Act, foster parent, or any of their |
17 |
| representatives, on notice
to all parties entitled to notice, |
18 |
| may file a motion that it is in the best
interests of the minor |
19 |
| to modify or vacate a
temporary custody order on any of the |
20 |
| following grounds:
|
21 |
| (a) It is no longer a matter of immediate and urgent |
22 |
| necessity that the
minor remain in shelter care; or
|
23 |
| (b) There is a material change in the circumstances of |
24 |
| the natural
family from which the minor was removed and the |
25 |
| child can be cared for at
home without endangering the |
26 |
| child's health or safety; or
|
|
|
|
HB0616 Enrolled |
- 24 - |
LRB095 05209 DRJ 25283 b |
|
|
1 |
| (c) A person not a party to the alleged abuse, neglect |
2 |
| or dependency,
including a parent, relative or legal |
3 |
| guardian, is capable of assuming
temporary custody of the |
4 |
| minor; or
|
5 |
| (d) Services provided by the Department of Children and |
6 |
| Family Services
or a child welfare agency or other service |
7 |
| provider have been successful in
eliminating the need for |
8 |
| temporary custody and the child can be cared for at
home |
9 |
| without endangering the child's health or safety.
|
10 |
| In ruling on the motion, the court shall determine whether |
11 |
| it is consistent
with the health, safety and best interests of |
12 |
| the minor to modify
or vacate a temporary custody order.
|
13 |
| The clerk shall set the matter for hearing not later than |
14 |
| 14 days after
such motion is filed. In the event that the court |
15 |
| modifies or vacates a
temporary custody order but does not |
16 |
| vacate its finding of probable cause,
the court may order that |
17 |
| appropriate services be continued or initiated in
behalf of the |
18 |
| minor and his or her family.
|
19 |
| (10) When the court finds or has found that there is |
20 |
| probable cause to
believe a minor is an abused minor as |
21 |
| described in subsection (2) of Section
2-3
and that there is an |
22 |
| immediate and urgent necessity for the abused minor to be
|
23 |
| placed in shelter care, immediate and urgent necessity shall be |
24 |
| presumed for
any other minor residing in the same household as |
25 |
| the abused minor provided:
|
26 |
| (a) Such other minor is the subject of an abuse or |
|
|
|
HB0616 Enrolled |
- 25 - |
LRB095 05209 DRJ 25283 b |
|
|
1 |
| neglect petition
pending before the court; and
|
2 |
| (b) A party to the petition is seeking shelter care for |
3 |
| such other minor.
|
4 |
| Once the presumption of immediate and urgent necessity has |
5 |
| been raised, the
burden of demonstrating the lack of immediate |
6 |
| and urgent necessity shall be on
any party that is opposing |
7 |
| shelter care for the other minor.
|
8 |
| (Source: P.A. 94-604, eff. 1-1-06.)
|
9 |
| (705 ILCS 405/2-13) (from Ch. 37, par. 802-13)
|
10 |
| Sec. 2-13. Petition.
|
11 |
| (1) Any adult person, any agency or association by its
|
12 |
| representative may file, or the court on its own motion, |
13 |
| consistent with the
health, safety and best interests of the |
14 |
| minor may direct the
filing through the State's Attorney of a |
15 |
| petition in respect of a minor
under this Act. The petition and |
16 |
| all subsequent court documents shall be
entitled "In the |
17 |
| interest of ...., a minor".
|
18 |
| (2) The petition shall be verified but the statements may |
19 |
| be made
upon information and belief. It shall allege that the |
20 |
| minor is
abused, neglected, or dependent, with citations to the |
21 |
| appropriate
provisions of this Act,
and set forth (a) facts |
22 |
| sufficient to bring the minor
under Section 2-3 or 2-4 and to |
23 |
| inform respondents of the cause of action,
including, but not |
24 |
| limited to, a plain and concise statement of the factual
|
25 |
| allegations that form the basis for the filing of the petition; |
|
|
|
HB0616 Enrolled |
- 26 - |
LRB095 05209 DRJ 25283 b |
|
|
1 |
| (b) the name,
age and residence of the minor; (c) the names and |
2 |
| residences of his parents;
(d) the name and residence of his
|
3 |
| legal guardian or the person or persons having custody or |
4 |
| control of the
minor, or of the nearest known relative if no |
5 |
| parent or guardian can be
found; and (e) if the minor upon |
6 |
| whose behalf the petition is brought is
sheltered in custody, |
7 |
| the date on which such temporary custody
was ordered by the
|
8 |
| court or the date set for a temporary custody hearing. If any |
9 |
| of the facts
herein required are not known by the petitioner, |
10 |
| the petition shall so
state.
|
11 |
| (3) The petition must allege that it is in the best |
12 |
| interests of the
minor and of the public that he be adjudged a |
13 |
| ward of the court and may
pray generally for relief available |
14 |
| under this Act. The petition need
not specify any proposed |
15 |
| disposition following adjudication of wardship. The petition |
16 |
| may request that the minor remain in the custody of the parent, |
17 |
| guardian, or custodian under an Order of Protection.
|
18 |
| (4) If termination of parental rights and appointment of a |
19 |
| guardian of the
person with power to consent to adoption of the |
20 |
| minor under Section 2-29 is
sought, the petition shall so |
21 |
| state. If the petition includes this request,
the prayer for |
22 |
| relief shall clearly and obviously state that the parents could
|
23 |
| permanently lose their rights as a parent at this hearing.
|
24 |
| In addition to the foregoing, the petitioner, by motion, |
25 |
| may request the
termination of parental rights and appointment |
26 |
| of a guardian of the person with
power to consent to adoption |
|
|
|
HB0616 Enrolled |
- 27 - |
LRB095 05209 DRJ 25283 b |
|
|
1 |
| of the minor under Section 2-29 at any time after
the entry of |
2 |
| a dispositional order under Section 2-22.
|
3 |
| (4.5) (a) With respect to any minors committed to its care |
4 |
| pursuant to
this Act, the Department of Children and Family |
5 |
| Services shall request the
State's Attorney to file a petition |
6 |
| or motion for termination of parental
rights and appointment of |
7 |
| guardian of the person with power to consent to
adoption of the |
8 |
| minor under Section 2-29 if:
|
9 |
| (i) a minor has been in foster care, as described in |
10 |
| subsection (b), for
15 months of the most recent 22 months; |
11 |
| or
|
12 |
| (ii) a minor under the age of 2 years has been |
13 |
| previously determined to be
abandoned at an adjudicatory |
14 |
| hearing; or
|
15 |
| (iii) the parent is criminally convicted of (A) first |
16 |
| degree murder or
second degree murder of any child, (B) |
17 |
| attempt or conspiracy to commit first
degree murder or |
18 |
| second degree murder of any child, (C) solicitation to |
19 |
| commit
murder of any child, solicitation to commit murder |
20 |
| for hire of any child, or
solicitation to
commit second |
21 |
| degree murder of any child, (D)
aggravated battery, |
22 |
| aggravated battery of a child, or felony domestic battery,
|
23 |
| any of which has resulted in serious injury to the minor or |
24 |
| a sibling of the
minor, (E) aggravated criminal sexual |
25 |
| assault in
violation of subdivision (b)(1) of Section 12-14 |
26 |
| of the Criminal Code of 1961,
or
(F) an offense in any |
|
|
|
HB0616 Enrolled |
- 28 - |
LRB095 05209 DRJ 25283 b |
|
|
1 |
| other state the elements of which are similar and bear a
|
2 |
| substantial relationship to any of the foregoing offenses
|
3 |
| unless:
|
4 |
| (i) the child
is being cared for by a relative,
|
5 |
| (ii) the Department has documented in the
case plan a |
6 |
| compelling reason for determining that filing such |
7 |
| petition would
not be in the best interests of the child,
|
8 |
| (iii) the court has found within the
preceding 12 |
9 |
| months that the Department has failed to make reasonable |
10 |
| efforts
to reunify the child and family, or
|
11 |
| (iv) paragraph (c) of this subsection (4.5)
provides |
12 |
| otherwise.
|
13 |
| (b) For purposes of this subsection, the date of entering |
14 |
| foster care is
defined as the earlier of:
|
15 |
| (1) The date of a judicial finding at an adjudicatory |
16 |
| hearing that the
child is an abused, neglected, or |
17 |
| dependent minor; or
|
18 |
| (2) 60 days after the date on which the child is |
19 |
| removed from his or her
parent, guardian, or legal |
20 |
| custodian.
|
21 |
| (c) With respect to paragraph (a)(i), the following |
22 |
| transition rules shall
apply:
|
23 |
| (1) If the child entered foster care after November 19, |
24 |
| 1997 and
this amendatory Act of 1998 takes effect before |
25 |
| the child has been in
foster care for 15 months of the |
26 |
| preceding 22 months, then the Department shall
comply with |
|
|
|
HB0616 Enrolled |
- 29 - |
LRB095 05209 DRJ 25283 b |
|
|
1 |
| the requirements of paragraph (a) of this subsection (4.5) |
2 |
| for that
child as soon as the child has been in foster care |
3 |
| for 15 of the preceding 22
months.
|
4 |
| (2) If the child entered foster care after November 19, |
5 |
| 1997 and
this amendatory Act of 1998 takes effect after the |
6 |
| child has been in foster
care for 15 of the preceding 22 |
7 |
| months, then the Department shall comply with
the |
8 |
| requirements of paragraph (a) of this subsection (4.5) for |
9 |
| that child
within 3 months after the end of the next |
10 |
| regular session of the General
Assembly.
|
11 |
| (3) If the child entered foster care prior to November |
12 |
| 19, 1997, then the
Department shall comply with the |
13 |
| requirements of paragraph (a) of this
subsection (4.5) for |
14 |
| that child in accordance with Department policy or rule.
|
15 |
| (d) If the State's Attorney determines that the |
16 |
| Department's request for
filing of a petition or motion |
17 |
| conforms to the requirements set forth in
subdivisions (a), |
18 |
| (b), and (c) of this subsection (4.5), then the State's
|
19 |
| Attorney shall file the petition or motion as requested.
|
20 |
| (5) The court shall liberally allow the petitioner to amend |
21 |
| the petition to
set forth a cause of action or to add, amend, |
22 |
| or supplement factual allegations
that form the basis for a |
23 |
| cause of action up until 14 days before the
adjudicatory |
24 |
| hearing. The petitioner may amend the petition after that date
|
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| and prior to the adjudicatory hearing if the court grants leave |
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| to amend upon a
showing of good cause.
The court may allow |
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HB0616 Enrolled |
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LRB095 05209 DRJ 25283 b |
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| amendment of the
petition to conform with the evidence at any |
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| time prior to ruling. In all
cases in which the court has |
3 |
| granted leave to amend based on new evidence or
new |
4 |
| allegations, the court shall permit
the respondent an adequate |
5 |
| opportunity to prepare a defense to the amended
petition.
|
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| (6) At any time before dismissal of the petition or before |
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| final closing
and discharge under Section 2-31, one or more |
8 |
| motions in the best interests of
the minor may be filed. The |
9 |
| motion shall specify sufficient facts in support
of the relief |
10 |
| requested.
|
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| (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by P.A. |
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| 90-443);
90-28, eff. 1-1-98; 90-608, eff. 6-30-98.)
|
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| (705 ILCS 405/2-25) (from Ch. 37, par. 802-25)
|
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| Sec. 2-25. Order of protection.
|
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| (1) The court may make an order of
protection in assistance |
16 |
| of or as a condition of any other order authorized
by this Act. |
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| The order of protection shall be based on the health, safety
|
18 |
| and best interests of the minor and may set forth reasonable |
19 |
| conditions of
behavior to be observed for a specified period. |
20 |
| Such an order may require a
person:
|
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| (a) to stay away from the home or the minor;
|
22 |
| (b) to permit a parent to visit the minor at stated |
23 |
| periods;
|
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| (c) to abstain from offensive conduct against the |
25 |
| minor, his parent or
any person to whom custody of the |
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HB0616 Enrolled |
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LRB095 05209 DRJ 25283 b |
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| minor is awarded;
|
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| (d) to give proper attention to the care of the home;
|
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| (e) to cooperate in good faith with an agency to which |
4 |
| custody of a
minor is entrusted by the court or with an |
5 |
| agency or association to which
the minor is referred by the |
6 |
| court;
|
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| (f) to prohibit and prevent any contact whatsoever with |
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| the respondent
minor by a specified individual or |
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| individuals who are alleged in either a
criminal or |
10 |
| juvenile proceeding to have caused injury to a respondent
|
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| minor or a sibling of a respondent minor;
|
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| (g) to refrain from acts of commission or omission that |
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| tend to make
the home not a proper place for the minor;
|
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| (h) to refrain from contacting the minor and the foster |
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| parents in any
manner that is not specified in writing in |
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| the case plan.
|
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| (2) The court shall enter an order of protection
to |
18 |
| prohibit and prevent any contact between a respondent minor
or |
19 |
| a sibling of a respondent minor and any person named in a |
20 |
| petition
seeking an order of protection who has been convicted |
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| of
heinous battery under Section 12-4.1,
aggravated battery of |
22 |
| a child under Section 12-4.3, criminal sexual assault
under |
23 |
| Section 12-13, aggravated criminal sexual assault under |
24 |
| Section
12-14,
predatory criminal sexual assault of a child |
25 |
| under Section 12-14.1,
criminal sexual abuse under Section |
26 |
| 12-15, or aggravated criminal
sexual abuse under Section 12-16 |
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LRB095 05209 DRJ 25283 b |
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| of the Criminal Code of 1961, or has been
convicted of an |
2 |
| offense that resulted in the death of a child, or has
violated |
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| a previous order of protection under this Section.
|
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| (3) When the court issues an order of protection against |
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| any person as
provided by this Section, the court shall direct |
6 |
| a copy of such order to
the Sheriff of that county. The Sheriff |
7 |
| shall furnish a copy of the order of
protection to the |
8 |
| Department of State Police within 24 hours of
receipt, in the |
9 |
| form and manner required by the Department. The Department
of |
10 |
| State Police shall maintain a complete record and index of such |
11 |
| orders
of protection and make this data available to all local |
12 |
| law enforcement
agencies.
|
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| (4) After notice and opportunity for hearing afforded to a |
14 |
| person
subject to an order of protection, the order may be |
15 |
| modified or extended
for a further specified period or both or |
16 |
| may be terminated if the court
finds that the health, safety, |
17 |
| and best interests of the minor and the
public will be served
|
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| thereby.
|
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| (5) An order of protection may be sought at any time during |
20 |
| the course
of any proceeding conducted pursuant to this Act if |
21 |
| such an order is
consistent with the
health, safety, and best |
22 |
| interests of the minor. Any person against whom
an order of |
23 |
| protection is sought may retain counsel to represent him at a
|
24 |
| hearing, and has rights to be present at the hearing, to be |
25 |
| informed prior
to the hearing in writing of the contents of the |
26 |
| petition seeking a
protective order and of the date, place and |
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HB0616 Enrolled |
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LRB095 05209 DRJ 25283 b |
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| time of such hearing, and to
cross examine witnesses called by |
2 |
| the petitioner and to present witnesses
and argument in |
3 |
| opposition to the relief sought in the petition.
|
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| (6) Diligent efforts shall be made by the petitioner to |
5 |
| serve any person
or persons against whom any order of |
6 |
| protection is sought with written
notice of the contents of the |
7 |
| petition seeking a protective order and
of the date, place and |
8 |
| time at which the hearing on the petition is to be
held. When a |
9 |
| protective order is being sought in conjunction with a
|
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| temporary custody hearing, if the court finds that the person |
11 |
| against whom
the protective order is being sought has been |
12 |
| notified of the hearing or
that diligent efforts have been made |
13 |
| to notify such person, the court may
conduct a hearing. If a |
14 |
| protective order is sought at any time other than
in |
15 |
| conjunction with a temporary custody hearing, the court may
not |
16 |
| conduct a hearing on the petition in the absence of the person |
17 |
| against
whom the order is sought unless the petitioner has |
18 |
| notified such person by
personal service at least 3 days before |
19 |
| the hearing or has sent written
notice by first class mail to |
20 |
| such person's last known address at least 5
days before the |
21 |
| hearing.
|
22 |
| (7) A person against whom an order of protection is being |
23 |
| sought who is
neither a parent, guardian, legal custodian or |
24 |
| responsible relative as
described in Section 1-5 is not a party |
25 |
| or respondent as defined in that
Section and shall not be |
26 |
| entitled to the rights provided therein.
Such person does not |
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HB0616 Enrolled |
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LRB095 05209 DRJ 25283 b |
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| have a right to appointed counsel or to be
present at any |
2 |
| hearing other than the hearing in which the order of protection
|
3 |
| is being sought or a hearing directly pertaining to that order. |
4 |
| Unless the
court orders otherwise, such person does not have a |
5 |
| right to inspect the court
file.
|
6 |
| (8) All protective orders entered under this Section shall |
7 |
| be in
writing. Unless the person against whom the order was |
8 |
| obtained was present
in court when the order was issued, the |
9 |
| sheriff, other law enforcement
official or special process |
10 |
| server shall
promptly serve that order upon that person and |
11 |
| file proof of such service,
in the manner provided for service |
12 |
| of process in civil proceedings. The
person against whom the |
13 |
| protective order was obtained may seek a
modification of the |
14 |
| order by filing a written motion to modify the order
within 7 |
15 |
| days after actual receipt by the person of a copy of the order. |
16 |
| Any
modification of the order granted by the court must be |
17 |
| determined to be
consistent with the best interests of the |
18 |
| minor.
|
19 |
| (9) If a petition is filed charging a violation of a |
20 |
| condition contained in the
protective order and if the court |
21 |
| determines that this violation is of a critical service |
22 |
| necessary to the safety and welfare of the minor, the court may |
23 |
| proceed to findings and an order for temporary custody.
|
24 |
| (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; |
25 |
| 90-15, eff.
6-13-97; 90-28, eff. 1-1-98; 90-655, eff. 7-30-98.)
|