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| 1 | AN ACT concerning courts.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Juvenile Court Act of 1987 is amended by | ||||||
| 5 | changing Section 5-745 as follows:
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| 6 | (705 ILCS 405/5-745)
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| 7 | Sec. 5-745. Court review.
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| 8 | (1) The court may require any legal custodian or guardian | ||||||
| 9 | of the person
appointed under this Act to report periodically | ||||||
| 10 | to the court or may cite him
or her into court and require him | ||||||
| 11 | or her, or his or her agency, to make a full
and accurate | ||||||
| 12 | report of
his or her or its doings in behalf of the minor. The | ||||||
| 13 | legal custodian or
guardian,
within 10 days after the citation, | ||||||
| 14 | shall make the report, either in writing
verified by affidavit | ||||||
| 15 | or orally under oath in open court, or otherwise as the
court | ||||||
| 16 | directs. Upon the hearing of the report the court may remove | ||||||
| 17 | the legal
custodian or guardian and appoint another in his or | ||||||
| 18 | her stead or restore the
minor to
the custody of his or her | ||||||
| 19 | parents or former guardian or legal custodian.
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| 20 | (2) A guardian or legal custodian appointed by the court | ||||||
| 21 | under this
Act shall file updated case plans with the court | ||||||
| 22 | every 6 months. Every agency
which has guardianship of a child | ||||||
| 23 | shall file a supplemental petition for court
review, or review | ||||||
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| 1 | by an administrative body appointed or approved by the court
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| 2 | and further order within 18 months of the sentencing order and | ||||||
| 3 | each 18 months
thereafter. The petition shall state facts | ||||||
| 4 | relative to the child's present
condition of physical, mental | ||||||
| 5 | and emotional health as well as facts relative to
his or her | ||||||
| 6 | present custodial or foster care. The petition shall be set for
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| 7 | hearing
and the clerk shall mail 10 days notice of the hearing | ||||||
| 8 | by certified mail,
return receipt requested, to the person or | ||||||
| 9 | agency having the physical custody
of the child, the minor and | ||||||
| 10 | other interested parties unless a
written waiver of notice is | ||||||
| 11 | filed with the petition.
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| 12 | If the minor is in the custody of the Illinois Department | ||||||
| 13 | of Children and Family Services, pursuant to an order entered | ||||||
| 14 | under this Article, the court shall conduct permanency hearings | ||||||
| 15 | as set out in subsections (1), (2), and (3) of Section 2-28 of | ||||||
| 16 | Article II of this Act. | ||||||
| 17 | Rights of wards of the court under this Act are enforceable | ||||||
| 18 | against any
public agency by complaints for relief by mandamus | ||||||
| 19 | filed in any proceedings
brought under this Act.
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| 20 | (3) The minor or any person interested in the minor may | ||||||
| 21 | apply to the court
for a change in custody of the minor and the | ||||||
| 22 | appointment of a new custodian or
guardian of the person or for | ||||||
| 23 | the restoration of the minor to the custody of
his or her | ||||||
| 24 | parents or former guardian or custodian. In the event that the
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| 25 | minor has
attained 18 years of age and the guardian or | ||||||
| 26 | custodian petitions the court for
an order terminating his or | ||||||
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| 1 | her guardianship or custody, guardianship or legal
custody
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| 2 | shall terminate automatically 30 days after the receipt of the | ||||||
| 3 | petition unless
the
court orders otherwise. No legal custodian | ||||||
| 4 | or guardian of the person may be
removed without his or her | ||||||
| 5 | consent until given notice and an opportunity to be
heard by | ||||||
| 6 | the court.
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| 7 | (Source: P.A. 90-590, eff. 1-1-99.)
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