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HB0761 Enrolled |
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LRB096 08587 RLC 18710 b |
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| AN ACT concerning courts.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Juvenile Court Act of 1987 is amended by |
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| changing Section 5-745 as follows:
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| (705 ILCS 405/5-745)
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| Sec. 5-745. Court review.
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| (1) The court may require any legal custodian or guardian |
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| of the person
appointed under this Act to report periodically |
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| to the court or may cite him
or her into court and require him |
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| or her, or his or her agency, to make a full
and accurate |
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| report of
his or her or its doings in behalf of the minor. The |
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| legal custodian or
guardian,
within 10 days after the citation, |
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| shall make the report, either in writing
verified by affidavit |
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| or orally under oath in open court, or otherwise as the
court |
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| directs. Upon the hearing of the report the court may remove |
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| the legal
custodian or guardian and appoint another in his or |
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| her stead or restore the
minor to
the custody of his or her |
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| parents or former guardian or legal custodian.
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| (2) A guardian or legal custodian appointed by the court |
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| under this
Act shall file updated case plans with the court |
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| every 6 months. Every agency
which has guardianship of a child |
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| shall file a supplemental petition for court
review, or review |
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HB0761 Enrolled |
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LRB096 08587 RLC 18710 b |
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| by an administrative body appointed or approved by the court
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| and further order within 18 months of the sentencing order and |
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| each 18 months
thereafter. The petition shall state facts |
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| relative to the child's present
condition of physical, mental |
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| and emotional health as well as facts relative to
his or her |
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| present custodial or foster care. The petition shall be set for
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| hearing
and the clerk shall mail 10 days notice of the hearing |
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| by certified mail,
return receipt requested, to the person or |
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| agency having the physical custody
of the child, the minor and |
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| other interested parties unless a
written waiver of notice is |
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| filed with the petition.
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| If the minor is in the custody of the Illinois Department |
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| of Children and Family Services, pursuant to an order entered |
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| under this Article, the court shall conduct permanency hearings |
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| as set out in subsections (1), (2), and (3) of Section 2-28 of |
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| Article II of this Act. |
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| Rights of wards of the court under this Act are enforceable |
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| against any
public agency by complaints for relief by mandamus |
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| filed in any proceedings
brought under this Act.
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| (3) The minor or any person interested in the minor may |
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| apply to the court
for a change in custody of the minor and the |
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| appointment of a new custodian or
guardian of the person or for |
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| the restoration of the minor to the custody of
his or her |
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| parents or former guardian or custodian. In the event that the
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| minor has
attained 18 years of age and the guardian or |
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| custodian petitions the court for
an order terminating his or |