|
|||||||
| |||||||
| |||||||
1 | AN ACT concerning children.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Children and Family Services Act is amended | ||||||
5 | by changing Section 5 as follows:
| ||||||
6 | (20 ILCS 505/5) (from Ch. 23, par. 5005)
| ||||||
7 | Sec. 5. Direct child welfare services; Department of | ||||||
8 | Children and Family
Services. To provide direct child welfare | ||||||
9 | services when not available
through other public or private | ||||||
10 | child care or program facilities.
| ||||||
11 | (a) For purposes of this Section:
| ||||||
12 | (1) "Children" means persons found within the State who | ||||||
13 | are under the
age of 18 years. The term also includes | ||||||
14 | persons under age 19 who:
| ||||||
15 | (A) were committed to the Department pursuant to | ||||||
16 | the
Juvenile Court Act or the Juvenile Court Act of | ||||||
17 | 1987, as amended, prior to
the age of 18 and who | ||||||
18 | continue under the jurisdiction of the court; or
| ||||||
19 | (B) were accepted for care, service and training by
| ||||||
20 | the Department prior to the age of 18 and whose best | ||||||
21 | interest in the
discretion of the Department would be | ||||||
22 | served by continuing that care,
service and training | ||||||
23 | because of severe emotional disturbances, physical
|
| |||||||
| |||||||
1 | disability, social adjustment or any combination | ||||||
2 | thereof, or because of the
need to complete an | ||||||
3 | educational or vocational training program.
| ||||||
4 | (2) "Homeless youth" means persons found within the
| ||||||
5 | State who are under the age of 19, are not in a safe and | ||||||
6 | stable living
situation and cannot be reunited with their | ||||||
7 | families.
| ||||||
8 | (3) "Child welfare services" means public social | ||||||
9 | services which are
directed toward the accomplishment of | ||||||
10 | the following purposes:
| ||||||
11 | (A) protecting and promoting the health, safety | ||||||
12 | and welfare of
children,
including homeless, dependent | ||||||
13 | or neglected children;
| ||||||
14 | (B) remedying, or assisting in the solution
of | ||||||
15 | problems which may result in, the neglect, abuse, | ||||||
16 | exploitation or
delinquency of children;
| ||||||
17 | (C) preventing the unnecessary separation of | ||||||
18 | children
from their families by identifying family | ||||||
19 | problems, assisting families in
resolving their | ||||||
20 | problems, and preventing the breakup of the family
| ||||||
21 | where the prevention of child removal is desirable and | ||||||
22 | possible when the
child can be cared for at home | ||||||
23 | without endangering the child's health and
safety;
| ||||||
24 | (D) restoring to their families children who have | ||||||
25 | been
removed, by the provision of services to the child | ||||||
26 | and the families when the
child can be cared for at |
| |||||||
| |||||||
1 | home without endangering the child's health and
| ||||||
2 | safety;
| ||||||
3 | (E) placing children in suitable adoptive homes, | ||||||
4 | in
cases where restoration to the biological family is | ||||||
5 | not safe, possible or
appropriate;
| ||||||
6 | (F) assuring safe and adequate care of children | ||||||
7 | away from their
homes, in cases where the child cannot | ||||||
8 | be returned home or cannot be placed
for adoption. At | ||||||
9 | the time of placement, the Department shall consider
| ||||||
10 | concurrent planning,
as described in subsection (l-1) | ||||||
11 | of this Section so that permanency may
occur at the | ||||||
12 | earliest opportunity. Consideration should be given so | ||||||
13 | that if
reunification fails or is delayed, the | ||||||
14 | placement made is the best available
placement to | ||||||
15 | provide permanency for the child;
| ||||||
16 | (G) (blank);
| ||||||
17 | (H) (blank); and
| ||||||
18 | (I) placing and maintaining children in facilities | ||||||
19 | that provide
separate living quarters for children | ||||||
20 | under the age of 18 and for children
18 years of age | ||||||
21 | and older, unless a child 18 years of age is in the | ||||||
22 | last
year of high school education or vocational | ||||||
23 | training, in an approved
individual or group treatment | ||||||
24 | program, in a licensed shelter facility,
or secure | ||||||
25 | child care facility.
The Department is not required to | ||||||
26 | place or maintain children:
|
| |||||||
| |||||||
1 | (i) who are in a foster home, or
| ||||||
2 | (ii) who are persons with a developmental | ||||||
3 | disability, as defined in
the Mental
Health and | ||||||
4 | Developmental Disabilities Code, or
| ||||||
5 | (iii) who are female children who are | ||||||
6 | pregnant, pregnant and
parenting or parenting, or
| ||||||
7 | (iv) who are siblings, in facilities that | ||||||
8 | provide separate living quarters for children 18
| ||||||
9 | years of age and older and for children under 18 | ||||||
10 | years of age.
| ||||||
11 | (b) Nothing in this Section shall be construed to authorize | ||||||
12 | the
expenditure of public funds for the purpose of performing | ||||||
13 | abortions.
| ||||||
14 | (c) The Department shall establish and maintain | ||||||
15 | tax-supported child
welfare services and extend and seek to | ||||||
16 | improve voluntary services
throughout the State, to the end | ||||||
17 | that services and care shall be available
on an equal basis | ||||||
18 | throughout the State to children requiring such services.
| ||||||
19 | (d) The Director may authorize advance disbursements for | ||||||
20 | any new program
initiative to any agency contracting with the | ||||||
21 | Department. As a
prerequisite for an advance disbursement, the | ||||||
22 | contractor must post a
surety bond in the amount of the advance | ||||||
23 | disbursement and have a
purchase of service contract approved | ||||||
24 | by the Department. The Department
may pay up to 2 months | ||||||
25 | operational expenses in advance. The amount of the
advance | ||||||
26 | disbursement shall be prorated over the life of the contract
or |
| |||||||
| |||||||
1 | the remaining months of the fiscal year, whichever is less, and | ||||||
2 | the
installment amount shall then be deducted from future | ||||||
3 | bills. Advance
disbursement authorizations for new initiatives | ||||||
4 | shall not be made to any
agency after that agency has operated | ||||||
5 | during 2 consecutive fiscal years.
The requirements of this | ||||||
6 | Section concerning advance disbursements shall
not apply with | ||||||
7 | respect to the following: payments to local public agencies
for | ||||||
8 | child day care services as authorized by Section 5a of this | ||||||
9 | Act; and
youth service programs receiving grant funds under | ||||||
10 | Section 17a-4.
| ||||||
11 | (e) (Blank).
| ||||||
12 | (f) (Blank).
| ||||||
13 | (g) The Department shall establish rules and regulations | ||||||
14 | concerning
its operation of programs designed to meet the goals | ||||||
15 | of child safety and
protection,
family preservation, family | ||||||
16 | reunification, and adoption, including but not
limited to:
| ||||||
17 | (1) adoption;
| ||||||
18 | (2) foster care;
| ||||||
19 | (3) family counseling;
| ||||||
20 | (4) protective services;
| ||||||
21 | (5) (blank);
| ||||||
22 | (6) homemaker service;
| ||||||
23 | (7) return of runaway children;
| ||||||
24 | (8) (blank);
| ||||||
25 | (9) placement under Section 5-7 of the Juvenile Court | ||||||
26 | Act or
Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile |
| |||||||
| |||||||
1 | Court Act of 1987 in
accordance with the federal Adoption | ||||||
2 | Assistance and Child Welfare Act of
1980; and
| ||||||
3 | (10) interstate services.
| ||||||
4 | Rules and regulations established by the Department shall | ||||||
5 | include
provisions for training Department staff and the staff | ||||||
6 | of Department
grantees, through contracts with other agencies | ||||||
7 | or resources, in alcohol
and drug abuse screening techniques | ||||||
8 | approved by the Department of Human
Services, as a successor to | ||||||
9 | the Department of Alcoholism and Substance Abuse,
for the | ||||||
10 | purpose of identifying children and adults who
should be | ||||||
11 | referred to an alcohol and drug abuse treatment program for
| ||||||
12 | professional evaluation.
| ||||||
13 | (h) If the Department finds that there is no appropriate | ||||||
14 | program or
facility within or available to the Department for a | ||||||
15 | ward and that no
licensed private facility has an adequate and | ||||||
16 | appropriate program or none
agrees to accept the ward, the | ||||||
17 | Department shall create an appropriate
individualized, | ||||||
18 | program-oriented plan for such ward. The
plan may be developed | ||||||
19 | within the Department or through purchase of services
by the | ||||||
20 | Department to the extent that it is within its statutory | ||||||
21 | authority
to do.
| ||||||
22 | (i) Service programs shall be available throughout the | ||||||
23 | State and shall
include but not be limited to the following | ||||||
24 | services:
| ||||||
25 | (1) case management;
| ||||||
26 | (2) homemakers;
|
| |||||||
| |||||||
1 | (3) counseling;
| ||||||
2 | (4) parent education;
| ||||||
3 | (5) day care; and
| ||||||
4 | (6) emergency assistance and advocacy.
| ||||||
5 | In addition, the following services may be made available | ||||||
6 | to assess and
meet the needs of children and families:
| ||||||
7 | (1) comprehensive family-based services;
| ||||||
8 | (2) assessments;
| ||||||
9 | (3) respite care; and
| ||||||
10 | (4) in-home health services.
| ||||||
11 | The Department shall provide transportation for any of the | ||||||
12 | services it
makes available to children or families or for | ||||||
13 | which it refers children
or families.
| ||||||
14 | (j) The Department may provide categories of financial | ||||||
15 | assistance and
education assistance grants, and shall
| ||||||
16 | establish rules and regulations concerning the assistance and | ||||||
17 | grants, to
persons who
adopt physically or mentally | ||||||
18 | handicapped, older and other hard-to-place
children who (i) | ||||||
19 | immediately prior to their adoption were legal wards of
the | ||||||
20 | Department
or (ii) were determined eligible for financial | ||||||
21 | assistance with respect to a
prior adoption and who become | ||||||
22 | available for adoption because the
prior adoption has been | ||||||
23 | dissolved and the parental rights of the adoptive
parents have | ||||||
24 | been
terminated or because the child's adoptive parents have | ||||||
25 | died.
The Department may continue to provide financial | ||||||
26 | assistance and education assistance grants for a child who was |
| |||||||
| |||||||
1 | determined eligible for financial assistance under this | ||||||
2 | subsection (j) in the interim period beginning when the child's | ||||||
3 | adoptive parents died and ending with the finalization of the | ||||||
4 | new adoption of the child by another adoptive parent or | ||||||
5 | parents. The Department may also provide categories of | ||||||
6 | financial
assistance and education assistance grants, and
| ||||||
7 | shall establish rules and regulations for the assistance and | ||||||
8 | grants, to persons
appointed guardian of the person under | ||||||
9 | Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, | ||||||
10 | 4-25 or 5-740 of the Juvenile Court Act of 1987
for children | ||||||
11 | who were wards of the Department for 12 months immediately
| ||||||
12 | prior to the appointment of the guardian.
| ||||||
13 | The amount of assistance may vary, depending upon the needs | ||||||
14 | of the child
and the adoptive parents,
as set forth in the | ||||||
15 | annual
assistance agreement. Special purpose grants are | ||||||
16 | allowed where the child
requires special service but such costs | ||||||
17 | may not exceed the amounts
which similar services would cost | ||||||
18 | the Department if it were to provide or
secure them as guardian | ||||||
19 | of the child.
| ||||||
20 | Any financial assistance provided under this subsection is
| ||||||
21 | inalienable by assignment, sale, execution, attachment, | ||||||
22 | garnishment, or any
other remedy for recovery or collection of | ||||||
23 | a judgment or debt.
| ||||||
24 | (j-5) The Department shall not deny or delay the placement | ||||||
25 | of a child for
adoption
if an approved family is available | ||||||
26 | either outside of the Department region
handling the case,
or |
| |||||||
| |||||||
1 | outside of the State of Illinois.
| ||||||
2 | (k) The Department shall accept for care and training any | ||||||
3 | child who has
been adjudicated neglected or abused, or | ||||||
4 | dependent committed to it pursuant
to the Juvenile Court Act or | ||||||
5 | the Juvenile Court Act of 1987.
| ||||||
6 | (l) The Before July 1, 2000, the Department may provide, | ||||||
7 | and beginning
July 1, 2000, the Department shall
offer family | ||||||
8 | preservation services, as defined in Section 8.2 of the Abused
| ||||||
9 | and
Neglected Child
Reporting Act, to help families, including | ||||||
10 | adoptive and extended families.
Family preservation
services | ||||||
11 | shall be offered (i) to prevent the
placement
of children in
| ||||||
12 | substitute care when the children can be cared for at home or | ||||||
13 | in the custody of
the person
responsible for the children's | ||||||
14 | welfare,
(ii) to
reunite children with their families, or (iii) | ||||||
15 | to
maintain an adoptive placement. Family preservation | ||||||
16 | services shall only be
offered when doing so will not endanger | ||||||
17 | the children's health or safety. With
respect to children who | ||||||
18 | are in substitute care pursuant to the Juvenile Court
Act of | ||||||
19 | 1987, family preservation services shall not be offered if a | ||||||
20 | goal other
than those of subdivisions (A), (B), or (B-1) of | ||||||
21 | subsection (2) of Section 2-28
of
that Act has been set.
| ||||||
22 | Nothing in this paragraph shall be construed to create a | ||||||
23 | private right of
action or claim on the part of any individual | ||||||
24 | or child welfare agency , except that when a child is the | ||||||
25 | subject of an action under Article II of the Juvenile Court Act | ||||||
26 | of 1987 and the child's service plan calls for services to |
| |||||||
| |||||||
1 | facilitate achievement of the permanency goal, the court | ||||||
2 | hearing the action under Article II of the Juvenile Court Act | ||||||
3 | of 1987 may order the Department to provide the services set | ||||||
4 | out in the plan, if those services are not provided with | ||||||
5 | reasonable promptness and if those services are available .
| ||||||
6 | The Department shall notify the child and his family of the
| ||||||
7 | Department's
responsibility to offer and provide family | ||||||
8 | preservation services as
identified in the service plan. The | ||||||
9 | child and his family shall be eligible
for services as soon as | ||||||
10 | the report is determined to be "indicated". The
Department may | ||||||
11 | offer services to any child or family with respect to whom a
| ||||||
12 | report of suspected child abuse or neglect has been filed, | ||||||
13 | prior to
concluding its investigation under Section 7.12 of the | ||||||
14 | Abused and Neglected
Child Reporting Act. However, the child's | ||||||
15 | or family's willingness to
accept services shall not be | ||||||
16 | considered in the investigation. The
Department may also | ||||||
17 | provide services to any child or family who is the
subject of | ||||||
18 | any report of suspected child abuse or neglect or may refer | ||||||
19 | such
child or family to services available from other agencies | ||||||
20 | in the community,
even if the report is determined to be | ||||||
21 | unfounded, if the conditions in the
child's or family's home | ||||||
22 | are reasonably likely to subject the child or
family to future | ||||||
23 | reports of suspected child abuse or neglect. Acceptance
of such | ||||||
24 | services shall be voluntary.
| ||||||
25 | The Department may, at its discretion except for those | ||||||
26 | children also
adjudicated neglected or dependent, accept for |
| |||||||
| |||||||
1 | care and training any child
who has been adjudicated addicted, | ||||||
2 | as a truant minor in need of
supervision or as a minor | ||||||
3 | requiring authoritative intervention, under the
Juvenile Court | ||||||
4 | Act or the Juvenile Court Act of 1987, but no such child
shall | ||||||
5 | be committed to the Department by any court without the | ||||||
6 | approval of
the Department. A minor charged with a criminal | ||||||
7 | offense under the Criminal
Code of 1961 or adjudicated | ||||||
8 | delinquent shall not be placed in the custody of or
committed | ||||||
9 | to the Department by any court, except a minor less than 15 | ||||||
10 | years
of age committed to the Department under Section 5-710 of | ||||||
11 | the Juvenile Court
Act
of 1987 or a minor for whom an | ||||||
12 | independent basis of abuse, neglect, or dependency exists, | ||||||
13 | which must be defined by departmental rule. An independent | ||||||
14 | basis exists when the allegations or adjudication of abuse, | ||||||
15 | neglect, or dependency do not arise from the same facts, | ||||||
16 | incident, or circumstances which give rise to a charge or | ||||||
17 | adjudication of delinquency.
| ||||||
18 | (l-1) The legislature recognizes that the best interests of | ||||||
19 | the child
require that
the child be placed in the most | ||||||
20 | permanent living arrangement as soon as is
practically
| ||||||
21 | possible. To achieve this goal, the legislature directs the | ||||||
22 | Department of
Children and
Family Services to conduct | ||||||
23 | concurrent planning so that permanency may occur at
the
| ||||||
24 | earliest opportunity. Permanent living arrangements may | ||||||
25 | include prevention of
placement of a child outside the home of | ||||||
26 | the family when the child can be cared
for at
home without |
| |||||||
| |||||||
1 | endangering the child's health or safety; reunification with | ||||||
2 | the
family,
when safe and appropriate, if temporary placement | ||||||
3 | is necessary; or movement of
the child
toward the most | ||||||
4 | permanent living arrangement and permanent legal status.
| ||||||
5 | When determining reasonable efforts to be made with respect | ||||||
6 | to a child, as
described in this
subsection, and in making such | ||||||
7 | reasonable efforts, the child's health and
safety shall be the
| ||||||
8 | paramount concern.
| ||||||
9 | When a child is placed in foster care, the Department shall | ||||||
10 | ensure and
document that reasonable efforts were made to | ||||||
11 | prevent or eliminate the need to
remove the child from the | ||||||
12 | child's home. The Department must make
reasonable efforts to | ||||||
13 | reunify the family when temporary placement of the child
occurs
| ||||||
14 | unless otherwise required, pursuant to the Juvenile Court Act | ||||||
15 | of 1987.
At any time after the dispositional hearing where the | ||||||
16 | Department believes
that further reunification services would | ||||||
17 | be ineffective, it may request a
finding from the court that | ||||||
18 | reasonable efforts are no longer appropriate. The
Department is | ||||||
19 | not required to provide further reunification services after | ||||||
20 | such
a
finding.
| ||||||
21 | A decision to place a child in substitute care shall be | ||||||
22 | made with
considerations of the child's health, safety, and | ||||||
23 | best interests. At the
time of placement, consideration should | ||||||
24 | also be given so that if reunification
fails or is delayed, the | ||||||
25 | placement made is the best available placement to
provide | ||||||
26 | permanency for the child.
|
| |||||||
| |||||||
1 | The Department shall adopt rules addressing concurrent | ||||||
2 | planning for
reunification and permanency. The Department | ||||||
3 | shall consider the following
factors when determining | ||||||
4 | appropriateness of concurrent planning:
| ||||||
5 | (1) the likelihood of prompt reunification;
| ||||||
6 | (2) the past history of the family;
| ||||||
7 | (3) the barriers to reunification being addressed by | ||||||
8 | the family;
| ||||||
9 | (4) the level of cooperation of the family;
| ||||||
10 | (5) the foster parents' willingness to work with the | ||||||
11 | family to reunite;
| ||||||
12 | (6) the willingness and ability of the foster family to | ||||||
13 | provide an
adoptive
home or long-term placement;
| ||||||
14 | (7) the age of the child;
| ||||||
15 | (8) placement of siblings.
| ||||||
16 | (m) The Department may assume temporary custody of any | ||||||
17 | child if:
| ||||||
18 | (1) it has received a written consent to such temporary | ||||||
19 | custody
signed by the parents of the child or by the parent | ||||||
20 | having custody of the
child if the parents are not living | ||||||
21 | together or by the guardian or
custodian of the child if | ||||||
22 | the child is not in the custody of either
parent, or
| ||||||
23 | (2) the child is found in the State and neither a | ||||||
24 | parent,
guardian nor custodian of the child can be located.
| ||||||
25 | If the child is found in his or her residence without a parent, | ||||||
26 | guardian,
custodian or responsible caretaker, the Department |
| |||||||
| |||||||
1 | may, instead of removing
the child and assuming temporary | ||||||
2 | custody, place an authorized
representative of the Department | ||||||
3 | in that residence until such time as a
parent, guardian or | ||||||
4 | custodian enters the home and expresses a willingness
and | ||||||
5 | apparent ability to ensure the child's health and safety and | ||||||
6 | resume
permanent
charge of the child, or until a
relative | ||||||
7 | enters the home and is willing and able to ensure the child's | ||||||
8 | health
and
safety and assume charge of the
child until a | ||||||
9 | parent, guardian or custodian enters the home and expresses
| ||||||
10 | such willingness and ability to ensure the child's safety and | ||||||
11 | resume
permanent charge. After a caretaker has remained in the | ||||||
12 | home for a period not
to exceed 12 hours, the Department must | ||||||
13 | follow those procedures outlined in
Section 2-9, 3-11, 4-8, or | ||||||
14 | 5-415 of the Juvenile Court Act
of 1987.
| ||||||
15 | The Department shall have the authority, responsibilities | ||||||
16 | and duties that
a legal custodian of the child would have | ||||||
17 | pursuant to subsection (9) of
Section 1-3 of the Juvenile Court | ||||||
18 | Act of 1987. Whenever a child is taken
into temporary custody | ||||||
19 | pursuant to an investigation under the Abused and
Neglected | ||||||
20 | Child Reporting Act, or pursuant to a referral and acceptance
| ||||||
21 | under the Juvenile Court Act of 1987 of a minor in limited | ||||||
22 | custody, the
Department, during the period of temporary custody | ||||||
23 | and before the child
is brought before a judicial officer as | ||||||
24 | required by Section 2-9, 3-11,
4-8, or 5-415 of the Juvenile | ||||||
25 | Court Act of 1987, shall have
the authority, responsibilities | ||||||
26 | and duties that a legal custodian of the child
would have under |
| |||||||
| |||||||
1 | subsection (9) of Section 1-3 of the Juvenile Court Act of
| ||||||
2 | 1987.
| ||||||
3 | The Department shall ensure that any child taken into | ||||||
4 | custody
is scheduled for an appointment for a medical | ||||||
5 | examination.
| ||||||
6 | A parent, guardian or custodian of a child in the temporary | ||||||
7 | custody of the
Department who would have custody of the child | ||||||
8 | if he were not in the
temporary custody of the Department may | ||||||
9 | deliver to the Department a signed
request that the Department | ||||||
10 | surrender the temporary custody of the child.
The Department | ||||||
11 | may retain temporary custody of the child for 10 days after
the | ||||||
12 | receipt of the request, during which period the Department may | ||||||
13 | cause to
be filed a petition pursuant to the Juvenile Court Act | ||||||
14 | of 1987. If a
petition is so filed, the Department shall retain | ||||||
15 | temporary custody of the
child until the court orders | ||||||
16 | otherwise. If a petition is not filed within
the 10 day period, | ||||||
17 | the child shall be surrendered to the custody of the
requesting | ||||||
18 | parent, guardian or custodian not later than the expiration of
| ||||||
19 | the 10 day period, at which time the authority and duties of | ||||||
20 | the Department
with respect to the temporary custody of the | ||||||
21 | child shall terminate.
| ||||||
22 | (m-1) The Department may place children under 18 years of | ||||||
23 | age in a secure
child care facility licensed by the Department | ||||||
24 | that cares for children who are
in need of secure living | ||||||
25 | arrangements for their health, safety, and well-being
after a | ||||||
26 | determination is made by the facility director and the Director |
| |||||||
| |||||||
1 | or the
Director's designate prior to admission to the facility | ||||||
2 | subject to Section
2-27.1 of the Juvenile Court Act of 1987. | ||||||
3 | This subsection (m-1) does not apply
to a child who is subject | ||||||
4 | to placement in a correctional facility operated
pursuant to | ||||||
5 | Section 3-15-2 of the Unified Code of Corrections, unless the
| ||||||
6 | child is a ward who was placed under the care of the Department | ||||||
7 | before being
subject to placement in a correctional facility | ||||||
8 | and a court of competent
jurisdiction has ordered placement of | ||||||
9 | the child in a secure care facility.
| ||||||
10 | (n) The Department may place children under 18 years of age | ||||||
11 | in
licensed child care facilities when in the opinion of the | ||||||
12 | Department,
appropriate services aimed at family preservation | ||||||
13 | have been unsuccessful and
cannot ensure the child's health and | ||||||
14 | safety or are unavailable and such
placement would be for their | ||||||
15 | best interest. Payment
for board, clothing, care, training and | ||||||
16 | supervision of any child placed in
a licensed child care | ||||||
17 | facility may be made by the Department, by the
parents or | ||||||
18 | guardians of the estates of those children, or by both the
| ||||||
19 | Department and the parents or guardians, except that no | ||||||
20 | payments shall be
made by the Department for any child placed | ||||||
21 | in a licensed child care
facility for board, clothing, care, | ||||||
22 | training and supervision of such a
child that exceed the | ||||||
23 | average per capita cost of maintaining and of caring
for a | ||||||
24 | child in institutions for dependent or neglected children | ||||||
25 | operated by
the Department. However, such restriction on | ||||||
26 | payments does not apply in
cases where children require |
| |||||||
| |||||||
1 | specialized care and treatment for problems of
severe emotional | ||||||
2 | disturbance, physical disability, social adjustment, or
any | ||||||
3 | combination thereof and suitable facilities for the placement | ||||||
4 | of such
children are not available at payment rates within the | ||||||
5 | limitations set
forth in this Section. All reimbursements for | ||||||
6 | services delivered shall be
absolutely inalienable by | ||||||
7 | assignment, sale, attachment, garnishment or
otherwise.
| ||||||
8 | (o) The Department shall establish an administrative | ||||||
9 | review and appeal
process for children and families who request | ||||||
10 | or receive child welfare
services from the Department. Children | ||||||
11 | who are wards of the Department and
are placed by private child | ||||||
12 | welfare agencies, and foster families with whom
those children | ||||||
13 | are placed, shall be afforded the same procedural and appeal
| ||||||
14 | rights as children and families in the case of placement by the | ||||||
15 | Department,
including the right to an initial review of a | ||||||
16 | private agency decision by
that agency. The Department shall | ||||||
17 | insure that any private child welfare
agency, which accepts | ||||||
18 | wards of the Department for placement, affords those
rights to | ||||||
19 | children and foster families. The Department shall accept for
| ||||||
20 | administrative review and an appeal hearing a complaint made by | ||||||
21 | (i) a child
or foster family concerning a decision following an | ||||||
22 | initial review by a
private child welfare agency or (ii) a | ||||||
23 | prospective adoptive parent who alleges
a violation of | ||||||
24 | subsection (j-5) of this Section. An appeal of a decision
| ||||||
25 | concerning a change in the placement of a child shall be | ||||||
26 | conducted in an
expedited manner.
|
| |||||||
| |||||||
1 | (p) There is hereby created the Department of Children and | ||||||
2 | Family
Services Emergency Assistance Fund from which the | ||||||
3 | Department may provide
special financial assistance to | ||||||
4 | families which are in economic crisis when
such assistance is | ||||||
5 | not available through other public or private sources
and the | ||||||
6 | assistance is deemed necessary to prevent dissolution of the | ||||||
7 | family
unit or to reunite families which have been separated | ||||||
8 | due to child abuse and
neglect. The Department shall establish | ||||||
9 | administrative rules specifying
the criteria for determining | ||||||
10 | eligibility for and the amount and nature of
assistance to be | ||||||
11 | provided. The Department may also enter into written
agreements | ||||||
12 | with private and public social service agencies to provide
| ||||||
13 | emergency financial services to families referred by the | ||||||
14 | Department.
Special financial assistance payments shall be | ||||||
15 | available to a family no
more than once during each fiscal year | ||||||
16 | and the total payments to a
family may not exceed $500 during a | ||||||
17 | fiscal year.
| ||||||
18 | (q) The Department may receive and use, in their entirety, | ||||||
19 | for the
benefit of children any gift, donation or bequest of | ||||||
20 | money or other
property which is received on behalf of such | ||||||
21 | children, or any financial
benefits to which such children are | ||||||
22 | or may become entitled while under
the jurisdiction or care of | ||||||
23 | the Department.
| ||||||
24 | The Department shall set up and administer no-cost, | ||||||
25 | interest-bearing accounts in appropriate financial | ||||||
26 | institutions
for children for whom the Department is legally |
| |||||||
| |||||||
1 | responsible and who have been
determined eligible for Veterans' | ||||||
2 | Benefits, Social Security benefits,
assistance allotments from | ||||||
3 | the armed forces, court ordered payments, parental
voluntary | ||||||
4 | payments, Supplemental Security Income, Railroad Retirement
| ||||||
5 | payments, Black Lung benefits, or other miscellaneous | ||||||
6 | payments. Interest
earned by each account shall be credited to | ||||||
7 | the account, unless
disbursed in accordance with this | ||||||
8 | subsection.
| ||||||
9 | In disbursing funds from children's accounts, the | ||||||
10 | Department
shall:
| ||||||
11 | (1) Establish standards in accordance with State and | ||||||
12 | federal laws for
disbursing money from children's | ||||||
13 | accounts. In all
circumstances,
the Department's | ||||||
14 | "Guardianship Administrator" or his or her designee must
| ||||||
15 | approve disbursements from children's accounts. The | ||||||
16 | Department
shall be responsible for keeping complete | ||||||
17 | records of all disbursements for each account for any | ||||||
18 | purpose.
| ||||||
19 | (2) Calculate on a monthly basis the amounts paid from | ||||||
20 | State funds for the
child's board and care, medical care | ||||||
21 | not covered under Medicaid, and social
services; and | ||||||
22 | utilize funds from the child's account, as
covered by | ||||||
23 | regulation, to reimburse those costs. Monthly, | ||||||
24 | disbursements from
all children's accounts, up to 1/12 of | ||||||
25 | $13,000,000, shall be
deposited by the Department into the | ||||||
26 | General Revenue Fund and the balance over
1/12 of |
| |||||||
| |||||||
1 | $13,000,000 into the DCFS Children's Services Fund.
| ||||||
2 | (3) Maintain any balance remaining after reimbursing | ||||||
3 | for the child's costs
of care, as specified in item (2). | ||||||
4 | The balance shall accumulate in accordance
with relevant | ||||||
5 | State and federal laws and shall be disbursed to the child | ||||||
6 | or his
or her guardian, or to the issuing agency.
| ||||||
7 | (r) The Department shall promulgate regulations | ||||||
8 | encouraging all adoption
agencies to voluntarily forward to the | ||||||
9 | Department or its agent names and
addresses of all persons who | ||||||
10 | have applied for and have been approved for
adoption of a | ||||||
11 | hard-to-place or handicapped child and the names of such
| ||||||
12 | children who have not been placed for adoption. A list of such | ||||||
13 | names and
addresses shall be maintained by the Department or | ||||||
14 | its agent, and coded
lists which maintain the confidentiality | ||||||
15 | of the person seeking to adopt the
child and of the child shall | ||||||
16 | be made available, without charge, to every
adoption agency in | ||||||
17 | the State to assist the agencies in placing such
children for | ||||||
18 | adoption. The Department may delegate to an agent its duty to
| ||||||
19 | maintain and make available such lists. The Department shall | ||||||
20 | ensure that
such agent maintains the confidentiality of the | ||||||
21 | person seeking to adopt the
child and of the child.
| ||||||
22 | (s) The Department of Children and Family Services may | ||||||
23 | establish and
implement a program to reimburse Department and | ||||||
24 | private child welfare
agency foster parents licensed by the | ||||||
25 | Department of Children and Family
Services for damages | ||||||
26 | sustained by the foster parents as a result of the
malicious or |
| |||||||
| |||||||
1 | negligent acts of foster children, as well as providing third
| ||||||
2 | party coverage for such foster parents with regard to actions | ||||||
3 | of foster
children to other individuals. Such coverage will be | ||||||
4 | secondary to the
foster parent liability insurance policy, if | ||||||
5 | applicable. The program shall
be funded through appropriations | ||||||
6 | from the General Revenue Fund,
specifically designated for such | ||||||
7 | purposes.
| ||||||
8 | (t) The Department shall perform home studies and | ||||||
9 | investigations and
shall exercise supervision over visitation | ||||||
10 | as ordered by a court pursuant
to the Illinois Marriage and | ||||||
11 | Dissolution of Marriage Act or the Adoption
Act only if:
| ||||||
12 | (1) an order entered by an Illinois court specifically
| ||||||
13 | directs the Department to perform such services; and
| ||||||
14 | (2) the court has ordered one or both of the parties to
| ||||||
15 | the proceeding to reimburse the Department for its | ||||||
16 | reasonable costs for
providing such services in accordance | ||||||
17 | with Department rules, or has
determined that neither party | ||||||
18 | is financially able to pay.
| ||||||
19 | The Department shall provide written notification to the | ||||||
20 | court of the
specific arrangements for supervised visitation | ||||||
21 | and projected monthly costs
within 60 days of the court order. | ||||||
22 | The Department shall send to the court
information related to | ||||||
23 | the costs incurred except in cases where the court
has | ||||||
24 | determined the parties are financially unable to pay. The court | ||||||
25 | may
order additional periodic reports as appropriate.
| ||||||
26 | (u) In addition to other information that must be provided, |
| |||||||
| |||||||
1 | whenever the Department places a child with a prospective | ||||||
2 | adoptive parent or parents or in a licensed foster home,
group | ||||||
3 | home, child care institution, or in a relative home, the | ||||||
4 | Department
shall provide to the prospective adoptive parent or | ||||||
5 | parents or other caretaker:
| ||||||
6 | (1) available detailed information concerning the | ||||||
7 | child's educational
and health history, copies of | ||||||
8 | immunization records (including insurance
and medical card | ||||||
9 | information), a history of the child's previous | ||||||
10 | placements,
if any, and reasons for placement changes | ||||||
11 | excluding any information that
identifies or reveals the | ||||||
12 | location of any previous caretaker;
| ||||||
13 | (2) a copy of the child's portion of the client service | ||||||
14 | plan, including
any visitation arrangement, and all | ||||||
15 | amendments or revisions to it as
related to the child; and
| ||||||
16 | (3) information containing details of the child's | ||||||
17 | individualized
educational plan when the child is | ||||||
18 | receiving special education services.
| ||||||
19 | The caretaker shall be informed of any known social or | ||||||
20 | behavioral
information (including, but not limited to, | ||||||
21 | criminal background, fire
setting, perpetuation of
sexual | ||||||
22 | abuse, destructive behavior, and substance abuse) necessary to | ||||||
23 | care
for and safeguard the children to be placed or currently | ||||||
24 | in the home. The Department may prepare a written summary of | ||||||
25 | the information required by this paragraph, which may be | ||||||
26 | provided to the foster or prospective adoptive parent in |
| |||||||
| |||||||
1 | advance of a placement. The foster or prospective adoptive | ||||||
2 | parent may review the supporting documents in the child's file | ||||||
3 | in the presence of casework staff. In the case of an emergency | ||||||
4 | placement, casework staff shall at least provide known | ||||||
5 | information verbally, if necessary, and must subsequently | ||||||
6 | provide the information in writing as required by this | ||||||
7 | subsection.
| ||||||
8 | The information described in this subsection shall be | ||||||
9 | provided in writing. In the case of emergency placements when | ||||||
10 | time does not allow prior review, preparation, and collection | ||||||
11 | of written information, the Department shall provide such | ||||||
12 | information as it becomes available. Within 10 business days | ||||||
13 | after placement, the Department shall obtain from the | ||||||
14 | prospective adoptive parent or parents or other caretaker a | ||||||
15 | signed verification of receipt of the information provided. | ||||||
16 | Within 10 business days after placement, the Department shall | ||||||
17 | provide to the child's guardian ad litem a copy of the | ||||||
18 | information provided to the prospective adoptive parent or | ||||||
19 | parents or other caretaker. The information provided to the | ||||||
20 | prospective adoptive parent or parents or other caretaker shall | ||||||
21 | be reviewed and approved regarding accuracy at the supervisory | ||||||
22 | level.
| ||||||
23 | (u-5) Effective July 1, 1995, only foster care placements | ||||||
24 | licensed as
foster family homes pursuant to the Child Care Act | ||||||
25 | of 1969 shall be eligible to
receive foster care payments from | ||||||
26 | the Department.
Relative caregivers who, as of July 1, 1995, |
| |||||||
| |||||||
1 | were approved pursuant to approved
relative placement rules | ||||||
2 | previously promulgated by the Department at 89 Ill.
Adm. Code | ||||||
3 | 335 and had submitted an application for licensure as a foster | ||||||
4 | family
home may continue to receive foster care payments only | ||||||
5 | until the Department
determines that they may be licensed as a | ||||||
6 | foster family home or that their
application for licensure is | ||||||
7 | denied or until September 30, 1995, whichever
occurs first.
| ||||||
8 | (v) The Department shall access criminal history record | ||||||
9 | information
as defined in the Illinois Uniform Conviction | ||||||
10 | Information Act and information
maintained in the adjudicatory | ||||||
11 | and dispositional record system as defined in
Section 2605-355 | ||||||
12 | of the
Department of State Police Law (20 ILCS 2605/2605-355)
| ||||||
13 | if the Department determines the information is necessary to | ||||||
14 | perform its duties
under the Abused and Neglected Child | ||||||
15 | Reporting Act, the Child Care Act of 1969,
and the Children and | ||||||
16 | Family Services Act. The Department shall provide for
| ||||||
17 | interactive computerized communication and processing | ||||||
18 | equipment that permits
direct on-line communication with the | ||||||
19 | Department of State Police's central
criminal history data | ||||||
20 | repository. The Department shall comply with all
certification | ||||||
21 | requirements and provide certified operators who have been
| ||||||
22 | trained by personnel from the Department of State Police. In | ||||||
23 | addition, one
Office of the Inspector General investigator | ||||||
24 | shall have training in the use of
the criminal history | ||||||
25 | information access system and have
access to the terminal. The | ||||||
26 | Department of Children and Family Services and its
employees |
| |||||||
| |||||||
1 | shall abide by rules and regulations established by the | ||||||
2 | Department of
State Police relating to the access and | ||||||
3 | dissemination of
this information.
| ||||||
4 | (v-1) Prior to final approval for placement of a child, the | ||||||
5 | Department shall conduct a criminal records background check of | ||||||
6 | the prospective foster or adoptive parent, including | ||||||
7 | fingerprint-based checks of national crime information | ||||||
8 | databases. Final approval for placement shall not be granted if | ||||||
9 | the record check reveals a felony conviction for child abuse or | ||||||
10 | neglect, for spousal abuse, for a crime against children, or | ||||||
11 | for a crime involving violence, including rape, sexual assault, | ||||||
12 | or homicide, but not including other physical assault or | ||||||
13 | battery, or if there is a felony conviction for physical | ||||||
14 | assault, battery, or a drug-related offense committed within | ||||||
15 | the past 5 years. | ||||||
16 | (v-2) Prior to final approval for placement of a child, the | ||||||
17 | Department shall check its child abuse and neglect registry for | ||||||
18 | information concerning prospective foster and adoptive | ||||||
19 | parents, and any adult living in the home. If any prospective | ||||||
20 | foster or adoptive parent or other adult living in the home has | ||||||
21 | resided in another state in the preceding 5 years, the | ||||||
22 | Department shall request a check of that other state's child | ||||||
23 | abuse and neglect registry.
| ||||||
24 | (w) Within 120 days of August 20, 1995 (the effective date | ||||||
25 | of Public Act
89-392), the Department shall prepare and submit | ||||||
26 | to the Governor and the
General Assembly, a written plan for |
| |||||||
| |||||||
1 | the development of in-state licensed
secure child care | ||||||
2 | facilities that care for children who are in need of secure
| ||||||
3 | living
arrangements for their health, safety, and well-being. | ||||||
4 | For purposes of this
subsection, secure care facility shall | ||||||
5 | mean a facility that is designed and
operated to ensure that | ||||||
6 | all entrances and exits from the facility, a building
or a | ||||||
7 | distinct part of the building, are under the exclusive control | ||||||
8 | of the
staff of the facility, whether or not the child has the | ||||||
9 | freedom of movement
within the perimeter of the facility, | ||||||
10 | building, or distinct part of the
building. The plan shall | ||||||
11 | include descriptions of the types of facilities that
are needed | ||||||
12 | in Illinois; the cost of developing these secure care | ||||||
13 | facilities;
the estimated number of placements; the potential | ||||||
14 | cost savings resulting from
the movement of children currently | ||||||
15 | out-of-state who are projected to be
returned to Illinois; the | ||||||
16 | necessary geographic distribution of these
facilities in | ||||||
17 | Illinois; and a proposed timetable for development of such
| ||||||
18 | facilities. | ||||||
19 | (Source: P.A. 94-215, eff. 1-1-06; 94-1010, eff. 10-1-06; | ||||||
20 | 95-10, eff. 6-30-07; 95-601, eff. 9-11-07; 95-642, eff. 6-1-08; | ||||||
21 | 95-876, eff. 8-21-08.) | ||||||
22 | Section 10. The Abused and Neglected Child Reporting Act is | ||||||
23 | amended by changing Section 8.2 as follows:
| ||||||
24 | (325 ILCS 5/8.2) (from Ch. 23, par. 2058.2)
|
| |||||||
| |||||||
1 | Sec. 8.2. If the Child Protective Service Unit determines, | ||||||
2 | following
an investigation made pursuant to Section 7.4 of this | ||||||
3 | Act, that there is
credible evidence that the child is abused | ||||||
4 | or neglected, the Department
shall assess the family's need for | ||||||
5 | services, and, as necessary, develop,
with the family, an | ||||||
6 | appropriate service plan for the family's voluntary
acceptance | ||||||
7 | or refusal. In any case where there is evidence that the
| ||||||
8 | perpetrator of the abuse or neglect is an addict or alcoholic | ||||||
9 | as defined in
the Alcoholism and Other Drug Abuse and | ||||||
10 | Dependency Act, the Department, when
making referrals for drug | ||||||
11 | or alcohol abuse services, shall make such referrals
to | ||||||
12 | facilities licensed by the Department of Human Services or the | ||||||
13 | Department
of Public Health. The Department shall comply with | ||||||
14 | Section 8.1 by explaining
its lack of legal authority to compel | ||||||
15 | the acceptance of services and may
explain its concomitant | ||||||
16 | authority to petition the Circuit court
under the Juvenile | ||||||
17 | Court Act of 1987 or refer the case to the local law
| ||||||
18 | enforcement authority or State's attorney for criminal | ||||||
19 | prosecution.
| ||||||
20 | For purposes of this Act, the term "family preservation | ||||||
21 | services"
refers to all services
to help families, including | ||||||
22 | adoptive and extended families. Family
preservation services | ||||||
23 | shall be
offered, where safe and appropriate,
to prevent the | ||||||
24 | placement of children in substitute
care when the children can | ||||||
25 | be cared for at home or in the custody of the
person | ||||||
26 | responsible for the children's welfare without endangering the
|
| |||||||
| |||||||
1 | children's health or safety, to reunite them with their
| ||||||
2 | families if so placed when reunification
is an appropriate | ||||||
3 | goal, or to maintain an adoptive placement. The term
| ||||||
4 | "homemaker" includes emergency caretakers, homemakers, | ||||||
5 | caretakers,
housekeepers and chore services. The term | ||||||
6 | "counseling" includes individual
therapy, infant stimulation | ||||||
7 | therapy, family therapy, group therapy,
self-help groups, drug | ||||||
8 | and alcohol abuse counseling, vocational counseling
and | ||||||
9 | post-adoptive services. The term "day care" includes | ||||||
10 | protective day
care and day care to meet educational, | ||||||
11 | prevocational or vocational needs.
The term "emergency | ||||||
12 | assistance and advocacy" includes coordinated services
to | ||||||
13 | secure emergency cash, food, housing and medical assistance or | ||||||
14 | advocacy
for other subsistence and family protective needs.
| ||||||
15 | Before July 1, 2000, appropriate family preservation | ||||||
16 | services shall, subject
to appropriation, be included in the | ||||||
17 | service plan if the Department has
determined that those | ||||||
18 | services will ensure the child's health and safety, are
in the | ||||||
19 | child's best interests, and will not place the child in | ||||||
20 | imminent risk of
harm. Beginning July 1, 2000, appropriate | ||||||
21 | family preservation services shall
be uniformly available | ||||||
22 | throughout the State. The Department shall promptly
notify | ||||||
23 | children and families of the Department's responsibility to | ||||||
24 | offer and
provide family preservation services as identified in | ||||||
25 | the service plan. Such
plans may include but are not limited | ||||||
26 | to: case management services; homemakers;
counseling; parent |
| |||||||
| |||||||
1 | education; day care; emergency assistance and advocacy
| ||||||
2 | assessments; respite care; in-home health care; transportation | ||||||
3 | to obtain any of
the above services; and medical assistance. | ||||||
4 | Nothing in this paragraph shall be
construed to create a | ||||||
5 | private right of action or claim on the part of any
individual | ||||||
6 | or child welfare agency , except that when a child is the | ||||||
7 | subject of an action under Article II of the Juvenile Court Act | ||||||
8 | of 1987 and the child's service plan calls for services to | ||||||
9 | facilitate achievement of the permanency goal, the court | ||||||
10 | hearing the action under Article II of the Juvenile Court Act | ||||||
11 | of 1987 may order the Department to provide the services set | ||||||
12 | out in the plan, if those services are not provided with | ||||||
13 | reasonable promptness and if those services are available .
| ||||||
14 | The Department shall provide a preliminary report to the | ||||||
15 | General
Assembly no later than January 1, 1991, in regard to | ||||||
16 | the provision of
services authorized pursuant to this Section. | ||||||
17 | The report shall include:
| ||||||
18 | (a) the number of families and children served, by type | ||||||
19 | of services;
| ||||||
20 | (b) the outcome from the provision of such services, | ||||||
21 | including the
number of families which remained intact at | ||||||
22 | least 6 months following the
termination of services;
| ||||||
23 | (c) the number of families which have been subjects of | ||||||
24 | founded
reports of abuse following the termination of | ||||||
25 | services;
| ||||||
26 | (d) an analysis of general family circumstances in |
| |||||||
| |||||||
1 | which family
preservation services have been determined to | ||||||
2 | be an effective intervention;
| ||||||
3 | (e) information regarding the number of families in | ||||||
4 | need of services
but unserved due to budget or program | ||||||
5 | criteria guidelines;
| ||||||
6 | (f) an estimate of the time necessary for and the | ||||||
7 | annual cost of
statewide implementation of such services;
| ||||||
8 | (g) an estimate of the length of time before expansion | ||||||
9 | of these
services will be made to include families with | ||||||
10 | children over the age of 6; and
| ||||||
11 | (h) recommendations regarding any proposed legislative | ||||||
12 | changes to
this program.
| ||||||
13 | Each Department field office shall maintain on a local | ||||||
14 | basis
directories of services available to children and | ||||||
15 | families in the local
area where the Department office is | ||||||
16 | located.
| ||||||
17 | The Department shall refer children and families served
| ||||||
18 | pursuant to this Section to private agencies and governmental | ||||||
19 | agencies,
where available.
| ||||||
20 | Where there are 2 equal proposals from both a | ||||||
21 | not-for-profit and a
for-profit agency to provide services, the | ||||||
22 | Department shall give preference
to the proposal from the | ||||||
23 | not-for-profit agency.
| ||||||
24 | No service plan shall compel any child or parent to engage | ||||||
25 | in any
activity or refrain from any activity which is not | ||||||
26 | reasonably related to
remedying a condition or conditions that |
| |||||||
| |||||||
1 | gave rise or which could give rise
to any finding of child | ||||||
2 | abuse or neglect.
| ||||||
3 | (Source: P.A. 89-21, eff. 6-6-95; 89-507, eff. 7-1-97; 90-14, | ||||||
4 | eff. 7-1-97;
90-28, eff. 1-1-98; 90-608, eff. 6-30-98.)
| ||||||
5 | Section 15. The Juvenile Court Act of 1987 is amended by | ||||||
6 | changing Sections 2-23 and 2-28 and by adding Section 2-34 as | ||||||
7 | follows:
| ||||||
8 | (705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
| ||||||
9 | Sec. 2-23. Kinds of dispositional orders.
| ||||||
10 | (1) The following kinds of orders of disposition may be | ||||||
11 | made in respect of
wards of the court:
| ||||||
12 | (a) A minor under 18 years of age found to be neglected | ||||||
13 | or abused under
Section 2-3 or dependent under Section 2-4 | ||||||
14 | may be (1) continued in the
custody of his or her parents,
| ||||||
15 | guardian or legal custodian; (2) placed in accordance with | ||||||
16 | Section 2-27;
(3) restored to the custody of the parent, | ||||||
17 | parents, guardian, or legal
custodian, provided the court | ||||||
18 | shall order the parent, parents, guardian, or
legal | ||||||
19 | custodian to cooperate with the Department of Children and | ||||||
20 | Family
Services and comply with the terms of an after-care | ||||||
21 | plan or risk the loss of
custody of the child and the | ||||||
22 | possible termination of their parental rights;
or
(4) | ||||||
23 | ordered partially or completely emancipated in accordance | ||||||
24 | with
the provisions of the Emancipation of Minors Act.
|
| |||||||
| |||||||
1 | However, in any case in which a minor is found by the | ||||||
2 | court to be
neglected or abused under Section 2-3 of this | ||||||
3 | Act, custody of the minor
shall not be restored to any | ||||||
4 | parent, guardian or legal custodian whose acts
or omissions | ||||||
5 | or both have been identified, pursuant to subsection (1) of
| ||||||
6 | Section 2-21, as forming the basis for the court's finding | ||||||
7 | of abuse or
neglect, until such time
as a
hearing is held | ||||||
8 | on the issue of the best interests of the minor and the | ||||||
9 | fitness
of such parent, guardian or legal custodian to care | ||||||
10 | for the minor without
endangering the minor's health or | ||||||
11 | safety, and the court
enters an order that such parent, | ||||||
12 | guardian or legal custodian is fit to care
for the minor.
| ||||||
13 | (b) A minor under 18 years of age found to be dependent | ||||||
14 | under
Section 2-4 may be (1) placed in accordance with | ||||||
15 | Section 2-27 or (2)
ordered partially or completely | ||||||
16 | emancipated in accordance with the
provisions of the | ||||||
17 | Emancipation of Minors Act.
| ||||||
18 | However, in any case in which a minor is found by the | ||||||
19 | court to be
dependent under Section 2-4 of this Act, | ||||||
20 | custody of the minor shall not be
restored to
any parent, | ||||||
21 | guardian or legal custodian whose acts or omissions or both | ||||||
22 | have
been identified, pursuant to subsection (1) of Section | ||||||
23 | 2-21, as forming the
basis for the court's finding of | ||||||
24 | dependency, until such
time as a hearing is
held on the | ||||||
25 | issue of the fitness of such parent, guardian or legal
| ||||||
26 | custodian to care for the minor without endangering the |
| |||||||
| |||||||
1 | minor's health or
safety, and the court enters an order | ||||||
2 | that such
parent, guardian or legal custodian is fit to | ||||||
3 | care for the minor.
| ||||||
4 | (c) When the court awards guardianship to the | ||||||
5 | Department of Children and
Family Services, the court shall | ||||||
6 | order the parents to cooperate with the
Department of | ||||||
7 | Children and Family Services, comply with the terms of the
| ||||||
8 | service plans, and correct the conditions that require the | ||||||
9 | child to be in care,
or risk termination of their parental | ||||||
10 | rights.
| ||||||
11 | (2) Any order of disposition may provide for protective | ||||||
12 | supervision
under Section 2-24 and may include an order of | ||||||
13 | protection under Section 2-25.
| ||||||
14 | Unless the order of disposition expressly so provides, it | ||||||
15 | does
not operate to close proceedings on the pending petition, | ||||||
16 | but is subject
to modification, not inconsistent with Section | ||||||
17 | 2-28, until final closing and discharge of the proceedings | ||||||
18 | under
Section 2-31.
| ||||||
19 | (3) The court also shall enter any other orders necessary | ||||||
20 | to fulfill the
service plan, including, but not limited to, (i) | ||||||
21 | orders requiring parties to
cooperate with services, (ii) | ||||||
22 | restraining orders controlling the conduct of any
party likely | ||||||
23 | to frustrate the achievement of the goal, and (iii) visiting
| ||||||
24 | orders. Unless otherwise specifically authorized by law, the | ||||||
25 | court is not
empowered under this subsection (3) to order | ||||||
26 | specific placements, specific
services, or specific service
|
| |||||||
| |||||||
1 | providers to be included in the plan. If, after receiving | ||||||
2 | evidence, the court determines that the services contained in | ||||||
3 | the plan are not reasonably calculated to facilitate | ||||||
4 | achievement of the permanency goal, the court shall put in | ||||||
5 | writing the factual basis supporting the determination and | ||||||
6 | enter specific findings based on the evidence. The court also | ||||||
7 | shall enter an order for the Department to develop and | ||||||
8 | implement a new service plan or to implement changes to the | ||||||
9 | current service plan consistent with the court's findings. The | ||||||
10 | new service plan shall be filed with the court and served on | ||||||
11 | all parties within 45 days after the date of the order. The | ||||||
12 | court shall continue the matter until the new service plan is | ||||||
13 | filed. Unless otherwise specifically authorized by law, the | ||||||
14 | court is not empowered under this subsection (3) or under | ||||||
15 | subsection (2) to order specific placements, specific | ||||||
16 | services, or specific service providers to be included in the | ||||||
17 | plan. If the court concludes that the
Department of Children
| ||||||
18 | and Family Services has abused its discretion in setting the | ||||||
19 | current service
plan or permanency goal for the minor, the | ||||||
20 | court shall enter specific
findings in writing based on the | ||||||
21 | evidence and shall enter an order for the
Department to develop | ||||||
22 | and implement a new permanency goal and service plan
consistent | ||||||
23 | with the court's findings. The new service plan shall be filed | ||||||
24 | with
the court and served on all parties. The court shall | ||||||
25 | continue
the matter until the new service plan is filed.
| ||||||
26 | (4) In addition to any other order of disposition, the |
| |||||||
| |||||||
1 | court may order
any minor adjudicated neglected with respect to | ||||||
2 | his or her own injurious
behavior to make restitution, in | ||||||
3 | monetary or non-monetary form, under the
terms and conditions | ||||||
4 | of Section 5-5-6 of the Unified Code of Corrections,
except | ||||||
5 | that the "presentence hearing" referred to therein shall be the
| ||||||
6 | dispositional hearing for purposes of this Section. The parent, | ||||||
7 | guardian
or legal custodian of the minor may pay some or all of | ||||||
8 | such restitution on
the minor's behalf.
| ||||||
9 | (5) Any order for disposition where the minor is committed | ||||||
10 | or placed in
accordance with Section 2-27 shall provide for the | ||||||
11 | parents or guardian of
the estate of such minor to pay to the | ||||||
12 | legal custodian or guardian of the
person of the minor such | ||||||
13 | sums as are determined by the custodian or guardian
of the | ||||||
14 | person of the minor as necessary for the minor's needs. Such | ||||||
15 | payments
may not exceed the maximum amounts provided for by | ||||||
16 | Section 9.1 of the
Children and Family Services Act.
| ||||||
17 | (6) Whenever the order of disposition requires the minor to | ||||||
18 | attend
school or participate in a program of training, the | ||||||
19 | truant officer or
designated school official shall regularly | ||||||
20 | report to the court if the minor
is a chronic or habitual | ||||||
21 | truant under Section 26-2a of the School Code.
| ||||||
22 | (7) The court may terminate the parental rights of a parent | ||||||
23 | at the initial
dispositional hearing if all of the conditions | ||||||
24 | in subsection (5) of Section
2-21 are met.
| ||||||
25 | (Source: P.A. 95-331, eff. 8-21-07.)
|
| |||||||
| |||||||
1 | (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
| ||||||
2 | Sec. 2-28. Court review.
| ||||||
3 | (1) The court may require any legal custodian or guardian | ||||||
4 | of the person
appointed under this Act to report periodically | ||||||
5 | to the court or may cite
him into court and require him or his | ||||||
6 | agency, to make a full and
accurate report of his or its doings | ||||||
7 | in behalf of the minor. The
custodian or guardian, within 10 | ||||||
8 | days after such citation, shall make
the report, either in | ||||||
9 | writing verified by affidavit or orally under oath
in open | ||||||
10 | court, or otherwise as the court directs. Upon the hearing of
| ||||||
11 | the report the court may remove the custodian or guardian and | ||||||
12 | appoint
another in his stead or restore the minor to the | ||||||
13 | custody of his parents
or former guardian or custodian. | ||||||
14 | However, custody of the minor shall
not be restored to any | ||||||
15 | parent, guardian or legal custodian in any case
in which the | ||||||
16 | minor is found to be neglected or abused under Section 2-3 or
| ||||||
17 | dependent under Section 2-4 of this
Act, unless the minor can | ||||||
18 | be cared for at home without endangering the
minor's health or | ||||||
19 | safety and it is in the best interests of the minor, and
if | ||||||
20 | such neglect,
abuse, or dependency is found by the court under | ||||||
21 | paragraph (1)
of Section 2-21 of
this Act to have come about | ||||||
22 | due to the acts or omissions or both of such
parent, guardian
| ||||||
23 | or legal custodian, until such time as an investigation is made | ||||||
24 | as provided in
paragraph (5) and a hearing is held on the issue | ||||||
25 | of the fitness of such parent,
guardian or legal custodian to | ||||||
26 | care for the minor and the court enters an order
that such |
| |||||||
| |||||||
1 | parent, guardian or legal custodian is fit to care for the | ||||||
2 | minor.
| ||||||
3 | (2) The first permanency hearing shall be
conducted by the | ||||||
4 | judge. Subsequent permanency hearings may be
heard by a judge | ||||||
5 | or by hearing officers appointed or approved by the court in
| ||||||
6 | the manner set forth in Section 2-28.1 of this Act.
The initial | ||||||
7 | hearing shall be held (a) within 12 months from the date
| ||||||
8 | temporary
custody was taken, (b) if the parental rights of both | ||||||
9 | parents have been
terminated in accordance with the procedure | ||||||
10 | described in subsection (5) of
Section 2-21, within
30 days of | ||||||
11 | the order for termination of parental rights and appointment of
| ||||||
12 | a guardian with power to consent to adoption, or (c) in | ||||||
13 | accordance with
subsection
(2) of Section 2-13.1. Subsequent | ||||||
14 | permanency hearings
shall be held every 6 months
or more | ||||||
15 | frequently if necessary in the court's determination following | ||||||
16 | the
initial permanency hearing, in accordance with the | ||||||
17 | standards set forth in this
Section, until the court determines | ||||||
18 | that the plan and goal have been achieved.
Once the plan and | ||||||
19 | goal have been achieved, if the minor remains in substitute
| ||||||
20 | care, the case shall be reviewed at least every 6 months | ||||||
21 | thereafter, subject to
the provisions of this Section, unless | ||||||
22 | the minor is placed in the guardianship
of a suitable relative | ||||||
23 | or other person and the court determines that further
| ||||||
24 | monitoring by the court does not further the health, safety or | ||||||
25 | best interest of
the child and that this is a stable permanent | ||||||
26 | placement.
The permanency hearings must occur within the time |
| |||||||
| |||||||
1 | frames set forth in this
subsection and may not be delayed in | ||||||
2 | anticipation of a report from any source or due to the agency's | ||||||
3 | failure to timely file its written report (this
written report | ||||||
4 | means the one required under the next paragraph and does not
| ||||||
5 | mean the service plan also referred to in that paragraph).
| ||||||
6 | The public agency that is the custodian or guardian of the | ||||||
7 | minor, or another
agency responsible for the minor's care, | ||||||
8 | shall ensure that all parties to the
permanency hearings are | ||||||
9 | provided a copy of the most recent
service plan prepared within | ||||||
10 | the prior 6 months
at least 14 days in advance of the hearing. | ||||||
11 | If not contained in the plan, the
agency shall also include a | ||||||
12 | report setting forth (i) any special
physical, psychological, | ||||||
13 | educational, medical, emotional, or other needs of the
minor or | ||||||
14 | his or her family that are relevant to a permanency or | ||||||
15 | placement
determination and (ii) for any minor age 16 or over, | ||||||
16 | a written description of
the programs and services that will | ||||||
17 | enable the minor to prepare for independent
living. The | ||||||
18 | agency's written report must detail what progress or lack of
| ||||||
19 | progress the parent has made in correcting the conditions | ||||||
20 | requiring the child
to be in care; whether the child can be | ||||||
21 | returned home without jeopardizing the
child's health, safety, | ||||||
22 | and welfare, and if not, what permanency goal is
recommended to | ||||||
23 | be in the best interests of the child, and why the other
| ||||||
24 | permanency goals are not appropriate. The caseworker must | ||||||
25 | appear and testify
at the permanency hearing. If a permanency | ||||||
26 | hearing has not previously been
scheduled by the court, the |
| |||||||
| |||||||
1 | moving party shall move for the setting of a
permanency hearing | ||||||
2 | and the entry of an order within the time frames set forth
in | ||||||
3 | this subsection.
| ||||||
4 | At the permanency hearing, the court shall determine the | ||||||
5 | future status
of the child. The court shall set one of the | ||||||
6 | following permanency goals:
| ||||||
7 | (A) The minor will be returned home by a specific date | ||||||
8 | within 5
months.
| ||||||
9 | (B) The minor will be in short-term care with a
| ||||||
10 | continued goal to return home within a period not to exceed | ||||||
11 | one
year, where the progress of the parent or parents is | ||||||
12 | substantial giving
particular consideration to the age and | ||||||
13 | individual needs of the minor.
| ||||||
14 | (B-1) The minor will be in short-term care with a | ||||||
15 | continued goal to return
home pending a status hearing. | ||||||
16 | When the court finds that a parent has not made
reasonable | ||||||
17 | efforts or reasonable progress to date, the court shall | ||||||
18 | identify
what actions the parent and the Department must | ||||||
19 | take in order to justify a
finding of reasonable efforts or | ||||||
20 | reasonable progress and shall set a status
hearing to be | ||||||
21 | held not earlier than 9 months from the date of | ||||||
22 | adjudication nor
later than 11 months from the date of | ||||||
23 | adjudication during which the parent's
progress will again | ||||||
24 | be reviewed.
| ||||||
25 | (C) The minor will be in substitute care pending court
| ||||||
26 | determination on termination of parental rights.
|
| |||||||
| |||||||
1 | (D) Adoption, provided that parental rights have been | ||||||
2 | terminated or
relinquished.
| ||||||
3 | (E) The guardianship of the minor will be transferred | ||||||
4 | to an individual or
couple on a permanent basis provided | ||||||
5 | that goals (A) through (D) have
been ruled out.
| ||||||
6 | (F) The minor over age 15 will be in substitute care | ||||||
7 | pending
independence.
| ||||||
8 | (G) The minor will be in substitute care because he or | ||||||
9 | she cannot be
provided for in a home environment due to | ||||||
10 | developmental
disabilities or mental illness or because he | ||||||
11 | or she is a danger to self or
others, provided that goals | ||||||
12 | (A) through (D) have been ruled out.
| ||||||
13 | In selecting any permanency goal, the court shall indicate | ||||||
14 | in writing the
reasons the goal was selected and why the | ||||||
15 | preceding goals were ruled out.
Where the court has selected a | ||||||
16 | permanency goal other than (A), (B), or (B-1),
the
Department | ||||||
17 | of Children and Family Services shall not provide further
| ||||||
18 | reunification services, but shall provide services
consistent | ||||||
19 | with the goal
selected.
| ||||||
20 | (H) Notwithstanding any other provision in this | ||||||
21 | Section, the court may select the goal of continuing foster | ||||||
22 | care as a permanency goal if: | ||||||
23 | (1) The Department of Children and Family Services | ||||||
24 | has custody and guardianship of the minor; | ||||||
25 | (2) The court has ruled out all other permanency | ||||||
26 | goals based on the child's best interest;
|
| |||||||
| |||||||
1 | (3) The court has found compelling reasons, based | ||||||
2 | on written documentation reviewed by the court, to | ||||||
3 | place the minor in continuing foster care. Compelling | ||||||
4 | reasons include:
| ||||||
5 | (a) the child does not wish to be adopted or to | ||||||
6 | be placed in the guardianship of his or her | ||||||
7 | relative or foster care placement;
| ||||||
8 | (b) the child exhibits an extreme level of need | ||||||
9 | such that the removal of the child from his or her | ||||||
10 | placement would be detrimental to the child; or
| ||||||
11 | (c) the child who is the subject of the | ||||||
12 | permanency hearing has existing close and strong | ||||||
13 | bonds with a sibling, and achievement of another | ||||||
14 | permanency goal would substantially interfere with | ||||||
15 | the subject child's sibling relationship, taking | ||||||
16 | into consideration the nature and extent of the | ||||||
17 | relationship, and whether ongoing contact is in | ||||||
18 | the subject child's best interest, including | ||||||
19 | long-term emotional interest, as compared with the | ||||||
20 | legal and emotional benefit of permanence;
| ||||||
21 | (4) The child has lived with the relative or foster | ||||||
22 | parent for at least one year; and
| ||||||
23 | (5) The relative or foster parent currently caring | ||||||
24 | for the child is willing and capable of providing the | ||||||
25 | child with a stable and permanent environment. | ||||||
26 | The court shall set a
permanency
goal that is in the best |
| |||||||
| |||||||
1 | interest of the child. In determining that goal, the court | ||||||
2 | shall consult with the minor in an age-appropriate manner | ||||||
3 | regarding the proposed permanency or transition plan for the | ||||||
4 | minor. The court's determination
shall include the following | ||||||
5 | factors:
| ||||||
6 | (1) Age of the child.
| ||||||
7 | (2) Options available for permanence, including both | ||||||
8 | out-of-State and in-State placement options.
| ||||||
9 | (3) Current placement of the child and the intent of | ||||||
10 | the family regarding
adoption.
| ||||||
11 | (4) Emotional, physical, and mental status or | ||||||
12 | condition of the child.
| ||||||
13 | (5) Types of services previously offered and whether or | ||||||
14 | not
the services were successful and, if not successful, | ||||||
15 | the reasons the services
failed.
| ||||||
16 | (6) Availability of services currently needed and | ||||||
17 | whether the services
exist.
| ||||||
18 | (7) Status of siblings of the minor.
| ||||||
19 | The court shall consider (i) the permanency goal contained | ||||||
20 | in the service
plan, (ii) the appropriateness of the
services | ||||||
21 | contained in the plan and whether those services have been
| ||||||
22 | provided, (iii) whether reasonable efforts have been made by | ||||||
23 | all
the parties to the service plan to achieve the goal, and | ||||||
24 | (iv) whether the plan
and goal have been achieved. All evidence
| ||||||
25 | relevant to determining these questions, including oral and | ||||||
26 | written reports,
may be admitted and may be relied on to the |
| |||||||
| |||||||
1 | extent of their probative value.
| ||||||
2 | The court shall make findings as to whether, in violation | ||||||
3 | of Section 8.2 of the Abused and Neglected Child Reporting Act, | ||||||
4 | any portion of the service plan compels a child or parent to | ||||||
5 | engage in any activity or refrain from any activity that is not | ||||||
6 | reasonably related to remedying a condition or conditions that | ||||||
7 | gave rise or which could give rise to any finding of child | ||||||
8 | abuse or neglect. | ||||||
9 | If the permanency goal is to return home, the court shall | ||||||
10 | make findings that identify any problems that are causing | ||||||
11 | continued placement of the children away from the home and | ||||||
12 | identify what outcomes would be considered a resolution to | ||||||
13 | these problems. The court shall explain to the parents that | ||||||
14 | these findings are based on the information that the court has | ||||||
15 | at that time and may be revised, should additional evidence be | ||||||
16 | presented to the court. | ||||||
17 | If the goal has been achieved, the court shall enter orders | ||||||
18 | that are
necessary to conform the minor's legal custody and | ||||||
19 | status to those findings.
| ||||||
20 | If, after receiving evidence, the court determines that the | ||||||
21 | services
contained in the plan are not reasonably calculated to | ||||||
22 | facilitate achievement
of the permanency goal, the court shall | ||||||
23 | put in writing the factual basis
supporting the determination | ||||||
24 | and enter specific findings based on the evidence.
The court | ||||||
25 | also shall enter an order for the Department to develop and
| ||||||
26 | implement a new service plan or to implement changes to the |
| |||||||
| |||||||
1 | current service
plan consistent with the court's findings. The | ||||||
2 | new service plan shall be filed
with the court and served on | ||||||
3 | all parties within 45 days of the date of the
order. The court | ||||||
4 | shall continue the matter until the new service plan is
filed. | ||||||
5 | Unless otherwise specifically authorized by law, the court is | ||||||
6 | not
empowered under this subsection (2) or under subsection (3) | ||||||
7 | to order specific
placements, specific services, or specific | ||||||
8 | service providers to be included in
the plan.
| ||||||
9 | A guardian or custodian appointed by the court pursuant to | ||||||
10 | this Act shall
file updated case plans with the court every 6 | ||||||
11 | months.
| ||||||
12 | Rights of wards of the court under this Act are enforceable | ||||||
13 | against
any public agency by complaints for relief by mandamus | ||||||
14 | filed in any
proceedings brought under this Act.
| ||||||
15 | (3) Following the permanency hearing, the court shall enter | ||||||
16 | a written order
that includes the determinations required under | ||||||
17 | subsection (2) of this
Section and sets forth the following:
| ||||||
18 | (a) The future status of the minor, including the | ||||||
19 | permanency goal, and
any order necessary to conform the | ||||||
20 | minor's legal custody and status to such
determination; or
| ||||||
21 | (b) If the permanency goal of the minor cannot be | ||||||
22 | achieved immediately,
the specific reasons for continuing | ||||||
23 | the minor in the care of the Department of
Children and | ||||||
24 | Family Services or other agency for short term placement, | ||||||
25 | and the
following determinations:
| ||||||
26 | (i) (Blank).
|
| |||||||
| |||||||
1 | (ii) Whether the services required by the court
and | ||||||
2 | by any service plan prepared within the prior 6 months
| ||||||
3 | have been provided and (A) if so, whether the services | ||||||
4 | were reasonably
calculated to facilitate the | ||||||
5 | achievement of the permanency goal or (B) if not
| ||||||
6 | provided, why the services were not provided.
| ||||||
7 | (iii) Whether the minor's placement is necessary, | ||||||
8 | and appropriate to the
plan and goal, recognizing the | ||||||
9 | right of minors to the least restrictive (most
| ||||||
10 | family-like) setting available and in close proximity | ||||||
11 | to the parents' home
consistent with the health, | ||||||
12 | safety, best interest and special needs of the
minor | ||||||
13 | and, if the minor is placed out-of-State, whether the | ||||||
14 | out-of-State
placement continues to be appropriate and | ||||||
15 | consistent with the health, safety,
and best interest | ||||||
16 | of the minor.
| ||||||
17 | (iv) (Blank).
| ||||||
18 | (v) (Blank).
| ||||||
19 | (4) The minor or any person interested in the minor may | ||||||
20 | apply to the
court for a change in custody of the minor and the | ||||||
21 | appointment of a new
custodian or guardian of the person or for | ||||||
22 | the restoration of the minor
to the custody of his parents or | ||||||
23 | former guardian or custodian.
| ||||||
24 | When return home is not selected as the permanency goal:
| ||||||
25 | (a) The Department, the minor, or the current
foster | ||||||
26 | parent or relative
caregiver seeking private guardianship |
| |||||||
| |||||||
1 | may file a motion for private
guardianship of the minor. | ||||||
2 | Appointment of a guardian under this Section
requires | ||||||
3 | approval of the court.
| ||||||
4 | (b) The State's Attorney may file a motion to terminate | ||||||
5 | parental rights of
any parent who has failed to make | ||||||
6 | reasonable efforts to correct the conditions
which led to | ||||||
7 | the removal of the child or reasonable progress toward the | ||||||
8 | return
of the child, as defined in subdivision (D)(m) of | ||||||
9 | Section 1 of the Adoption Act
or for whom any other | ||||||
10 | unfitness ground for terminating parental rights as
| ||||||
11 | defined in subdivision (D) of Section 1 of the Adoption Act | ||||||
12 | exists. | ||||||
13 | When parental rights have been terminated for a minimum | ||||||
14 | of 3 years and the child who is the subject of the | ||||||
15 | permanency hearing is 13 years old or older and is not | ||||||
16 | currently placed in a placement likely to achieve | ||||||
17 | permanency, the Department of
Children and Family Services | ||||||
18 | shall make reasonable efforts to locate parents whose | ||||||
19 | rights have been terminated, except when the Court | ||||||
20 | determines that those efforts would be futile or | ||||||
21 | inconsistent with the subject child's best interests. The | ||||||
22 | Department of
Children and Family Services shall assess the | ||||||
23 | appropriateness of the parent whose rights have been | ||||||
24 | terminated, and shall, as appropriate, foster and support | ||||||
25 | connections between the parent whose rights have been | ||||||
26 | terminated and the youth. The Department of
Children and |
| |||||||
| |||||||
1 | Family Services shall document its determinations and | ||||||
2 | efforts to foster connections in the child's case plan.
| ||||||
3 | Custody of the minor shall not be restored to any parent, | ||||||
4 | guardian or legal
custodian in any case in which the minor is | ||||||
5 | found to be neglected or abused
under Section 2-3 or dependent | ||||||
6 | under Section 2-4 of this Act, unless the
minor can be cared | ||||||
7 | for at home
without endangering his or her health or safety and | ||||||
8 | it is in the best
interest of the minor,
and if such neglect, | ||||||
9 | abuse, or dependency is found by the court
under paragraph (1) | ||||||
10 | of Section 2-21 of this Act to have come
about due to the acts | ||||||
11 | or omissions or both of such parent, guardian or legal
| ||||||
12 | custodian, until such time as an investigation is made as | ||||||
13 | provided in
paragraph (5) and a hearing is held on the issue of | ||||||
14 | the health,
safety and
best interest of the minor and the | ||||||
15 | fitness of such
parent, guardian or legal custodian to care for | ||||||
16 | the minor and the court
enters an order that such parent, | ||||||
17 | guardian or legal custodian is fit to
care for the minor. In | ||||||
18 | the event that the minor has attained 18 years
of age and the | ||||||
19 | guardian or custodian petitions the court for an order
| ||||||
20 | terminating his guardianship or custody, guardianship or | ||||||
21 | custody shall
terminate automatically 30 days after the receipt | ||||||
22 | of the petition unless
the court orders otherwise. No legal | ||||||
23 | custodian or guardian of the
person may be removed without his | ||||||
24 | consent until given notice and an
opportunity to be heard by | ||||||
25 | the court.
| ||||||
26 | When the court orders a child restored to the custody of |
| |||||||
| |||||||
1 | the parent or
parents, the court shall order the parent or | ||||||
2 | parents to cooperate with the
Department of Children and Family | ||||||
3 | Services and comply with the terms of an
after-care plan, or | ||||||
4 | risk the loss of custody of the child and possible
termination | ||||||
5 | of their parental rights. The court may also enter an order of
| ||||||
6 | protective supervision in accordance with Section 2-24.
| ||||||
7 | (5) Whenever a parent, guardian, or legal custodian files a | ||||||
8 | motion for
restoration of custody of the minor, and the minor | ||||||
9 | was adjudicated
neglected, abused, or dependent as a result of | ||||||
10 | physical abuse,
the court shall cause to be
made an | ||||||
11 | investigation as to whether the movant has ever been charged
| ||||||
12 | with or convicted of any criminal offense which would indicate | ||||||
13 | the
likelihood of any further physical abuse to the minor. | ||||||
14 | Evidence of such
criminal convictions shall be taken into | ||||||
15 | account in determining whether the
minor can be cared for at | ||||||
16 | home without endangering his or her health or safety
and | ||||||
17 | fitness of the parent, guardian, or legal custodian.
| ||||||
18 | (a) Any agency of this State or any subdivision thereof | ||||||
19 | shall
co-operate with the agent of the court in providing | ||||||
20 | any information
sought in the investigation.
| ||||||
21 | (b) The information derived from the investigation and | ||||||
22 | any
conclusions or recommendations derived from the | ||||||
23 | information shall be
provided to the parent, guardian, or | ||||||
24 | legal custodian seeking restoration
of custody prior to the | ||||||
25 | hearing on fitness and the movant shall have
an opportunity | ||||||
26 | at the hearing to refute the information or contest its
|
| |||||||
| |||||||
1 | significance.
| ||||||
2 | (c) All information obtained from any investigation | ||||||
3 | shall be confidential
as provided in Section 5-150 of this | ||||||
4 | Act.
| ||||||
5 | (Source: P.A. 95-10, eff. 6-30-07; 95-182, eff. 8-14-07; | ||||||
6 | 95-876, eff. 8-21-08.)
| ||||||
7 | (705 ILCS 405/2-34 new) | ||||||
8 | Sec. 2-34. Motion to reinstate parental rights. | ||||||
9 | (1) For purposes of this subsection (1), the term "parent" | ||||||
10 | refers to the person or persons whose rights were terminated as | ||||||
11 | described in paragraph (a) of this subsection; and the term | ||||||
12 | "minor" means a person under the age of 21 years subject to | ||||||
13 | this Act for whom the Department of Children and Family | ||||||
14 | Services Guardianship Administrator is appointed the temporary | ||||||
15 | custodian or guardian. | ||||||
16 | A motion to reinstate parental rights may be filed only by | ||||||
17 | the Department of Children and Family Services regarding any | ||||||
18 | minor who is presently a ward of the court under Article II of | ||||||
19 | this Act when all the conditions set out in paragraphs (a), | ||||||
20 | (b), (c), (d), (e), (f), and (g) of this subsection (1) are | ||||||
21 | met: | ||||||
22 | (a) while the minor was under the jurisdiction of the | ||||||
23 | court under Article II of this Act, the minor's parent or | ||||||
24 | parents surrendered the minor for adoption to an agency | ||||||
25 | legally authorized to place children for adoption, or the |
| |||||||
| |||||||
1 | minor's parent or parents consented to his or her adoption, | ||||||
2 | or the minor's parent or parents consented to his or her | ||||||
3 | adoption by a specified person or persons, or the parent or | ||||||
4 | parents' rights were terminated pursuant to a finding of | ||||||
5 | unfitness pursuant to Section 2-29 of this Act and a | ||||||
6 | guardian was appointed with the power to consent to | ||||||
7 | adoption pursuant to Section 2-29 of this Act; and | ||||||
8 | (b) (i) since the signing of the surrender, the signing | ||||||
9 | of the consent, or the unfitness finding, the minor has | ||||||
10 | remained a ward of the Court under Article II of this Act; | ||||||
11 | or | ||||||
12 | (ii) the minor was made a ward of the Court, the | ||||||
13 | minor was placed in the private guardianship of an | ||||||
14 | individual or individuals, and after the appointment | ||||||
15 | of a private guardian, the minor was again brought to | ||||||
16 | the attention of the Juvenile Court and the private | ||||||
17 | guardianship was vacated; or | ||||||
18 | (iii) the minor was made a ward of the Court, | ||||||
19 | wardship was terminated after the minor was adopted, | ||||||
20 | after the adoption the minor was again brought to the | ||||||
21 | attention of the Juvenile Court and made a ward of the | ||||||
22 | Court under Article II of this Act, and either (i) the | ||||||
23 | adoptive parent or parents are deceased, (ii) the | ||||||
24 | adoptive parent or parents signed a surrender of | ||||||
25 | parental rights, or (iii) the parental rights of the | ||||||
26 | adoptive parent or parents were terminated; |
| |||||||
| |||||||
1 | (c) the minor is not currently in a placement likely to | ||||||
2 | achieve permanency; | ||||||
3 | (d) it is in the minor's best interest that parental | ||||||
4 | rights be reinstated; | ||||||
5 | (e) the parent named in the motion wishes parental | ||||||
6 | rights to be reinstated and is currently appropriate to | ||||||
7 | have rights reinstated; | ||||||
8 | (f) more than 3 years have lapsed since the signing of | ||||||
9 | the consent or surrender, or the entry of the order | ||||||
10 | appointing a guardian with the power to consent to | ||||||
11 | adoption; | ||||||
12 | (g) (i) the child is 13 years of age or older or (ii) | ||||||
13 | the child is the younger sibling of such child, 13 years of | ||||||
14 | age or older, for whom reinstatement of parental rights is | ||||||
15 | being sought and the younger sibling independently meets | ||||||
16 | the criteria set forth in paragraphs (a) through (h) of | ||||||
17 | this subsection; and | ||||||
18 | (h) if the court has previously denied a motion to | ||||||
19 | reinstate parental rights filed by the Department, there | ||||||
20 | has been a substantial change in circumstances following | ||||||
21 | the denial of the earlier motion. | ||||||
22 | (2) The motion may be filed only by the Department of | ||||||
23 | Children and Family Services. Unless excused by the court for | ||||||
24 | good cause shown, the movant shall give notice of the time and | ||||||
25 | place of the hearing on the motion, in person or by mail, to | ||||||
26 | the parties to the juvenile court proceeding. Notice shall be |
| |||||||
| |||||||
1 | provided at least 14 days in advance of the hearing date. The | ||||||
2 | motion shall include the allegations required in subsection (1) | ||||||
3 | of this Section. | ||||||
4 | (3) Any party may file a motion to dismiss the motion with | ||||||
5 | prejudice on the basis that the parent has intentionally acted | ||||||
6 | to prevent the child from being adopted, after parental rights | ||||||
7 | were terminated or the parent intentionally acted to disrupt | ||||||
8 | the child's adoption. If the court finds by a
preponderance of | ||||||
9 | the evidence that the parent has intentionally acted to prevent | ||||||
10 | the child from being adopted, after parental rights were | ||||||
11 | terminated or that the parent intentionally acted
to disrupt | ||||||
12 | the child's adoption, the court shall dismiss the petition with | ||||||
13 | prejudice. | ||||||
14 | (4) The court shall not grant a motion for reinstatement of | ||||||
15 | parental rights unless the court finds that the motion is | ||||||
16 | supported by clear and convincing evidence. In ruling on a | ||||||
17 | motion to reinstate parental rights, the court shall make | ||||||
18 | findings consistent with the requirements in subsection (1) of | ||||||
19 | this Section. The court shall consider the reasons why the | ||||||
20 | child was initially brought to the attention of the court, the | ||||||
21 | history of the child's case as it relates to the parent seeking | ||||||
22 | reinstatement, and the current circumstances of the parent for | ||||||
23 | whom reinstatement of rights is sought. If reinstatement is | ||||||
24 | being considered subsequent to a finding of unfitness pursuant | ||||||
25 | to Section 2-29 of this Act having been entered with respect to | ||||||
26 | the parent whose rights are being restored, the court in |
| |||||||
| |||||||
1 | determining the minor's best interest shall consider, in | ||||||
2 | addition to the factors set forth in paragraph (4.05) of | ||||||
3 | Section 1-3 of this Act, the specific grounds upon which the | ||||||
4 | unfitness findings were made. Upon the entry of an order | ||||||
5 | granting a motion to reinstate parental rights, parental rights | ||||||
6 | of the parent named in the order shall be reinstated, any | ||||||
7 | previous order appointing a guardian with the power to consent | ||||||
8 | to adoption shall be void and with respect to the parent named | ||||||
9 | in the order, any consent shall be void. | ||||||
10 | (5) If the case is post-disposition, the court, upon the | ||||||
11 | entry of an order granting a motion to reinstate parental | ||||||
12 | rights, shall schedule the matter for a permanency hearing | ||||||
13 | pursuant to Section 2-28 of this Act within 45 days. | ||||||
14 | (6) Custody of the minor shall not be restored to the | ||||||
15 | parent, except by order of court pursuant to subsection (4) of | ||||||
16 | Section 2-28 of this Act. | ||||||
17 | (7) In any case involving a child over the age of 13 who | ||||||
18 | meets the criteria established in this Section for | ||||||
19 | reinstatement of parental rights, the Department of Children | ||||||
20 | and Family Services shall conduct an assessment of the child's | ||||||
21 | circumstances to assist in future planning for the child, | ||||||
22 | including, but not limited to a determination regarding the | ||||||
23 | appropriateness of filing a motion to reinstate parental | ||||||
24 | rights. | ||||||
25 | (8) This Section is repealed 4 years after the effective | ||||||
26 | date of this amendatory Act of the 96th General Assembly.
|
| |||||||
| |||||||
1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law. |