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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:
| ||||||
4 | Section 5. The Juvenile Court Act of 1987 is amended by | ||||||
5 | changing Sections 2-28 and 2-34 as follows:
| ||||||
6 | (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
| ||||||
7 | Sec. 2-28. Court review.
| ||||||
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 into court and require him or his | ||||||
11 | agency, to make a full and
accurate report of his or its doings | ||||||
12 | in behalf of the minor. The
custodian or guardian, within 10 | ||||||
13 | days after such citation, shall make
the report, either in | ||||||
14 | writing verified by affidavit or orally under oath
in open | ||||||
15 | court, or otherwise as the court directs. Upon the hearing of
| ||||||
16 | the report the court may remove the custodian or guardian and | ||||||
17 | appoint
another in his stead or restore the minor to the | ||||||
18 | custody of his parents
or former guardian or custodian. | ||||||
19 | However, custody of the minor shall
not be restored to any | ||||||
20 | parent, guardian or legal custodian in any case
in which the | ||||||
21 | minor is found to be neglected or abused under Section 2-3 or
| ||||||
22 | dependent under Section 2-4 of this
Act, unless the minor can | ||||||
23 | be cared for at home without endangering the
minor's health or |
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| |||||||
1 | safety and it is in the best interests of the minor, and
if | ||||||
2 | such neglect,
abuse, or dependency is found by the court under | ||||||
3 | paragraph (1)
of Section 2-21 of
this Act to have come about | ||||||
4 | due to the acts or omissions or both of such
parent, guardian
| ||||||
5 | or legal custodian, until such time as an investigation is made | ||||||
6 | as provided in
paragraph (5) and a hearing is held on the issue | ||||||
7 | of the fitness of such parent,
guardian or legal custodian to | ||||||
8 | care for the minor and the court enters an order
that such | ||||||
9 | parent, guardian or legal custodian is fit to care for the | ||||||
10 | minor.
| ||||||
11 | (2) The first permanency hearing shall be
conducted by the | ||||||
12 | judge. Subsequent permanency hearings may be
heard by a judge | ||||||
13 | or by hearing officers appointed or approved by the court in
| ||||||
14 | the manner set forth in Section 2-28.1 of this Act.
The initial | ||||||
15 | hearing shall be held (a) within 12 months from the date
| ||||||
16 | temporary
custody was taken, (b) if the parental rights of both | ||||||
17 | parents have been
terminated in accordance with the procedure | ||||||
18 | described in subsection (5) of
Section 2-21, within
30 days of | ||||||
19 | the order for termination of parental rights and appointment of
| ||||||
20 | a guardian with power to consent to adoption, or (c) in | ||||||
21 | accordance with
subsection
(2) of Section 2-13.1. Subsequent | ||||||
22 | permanency hearings
shall be held every 6 months
or more | ||||||
23 | frequently if necessary in the court's determination following | ||||||
24 | the
initial permanency hearing, in accordance with the | ||||||
25 | standards set forth in this
Section, until the court determines | ||||||
26 | that the plan and goal have been achieved.
Once the plan and |
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| |||||||
1 | goal have been achieved, if the minor remains in substitute
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2 | care, the case shall be reviewed at least every 6 months | ||||||
3 | thereafter, subject to
the provisions of this Section, unless | ||||||
4 | the minor is placed in the guardianship
of a suitable relative | ||||||
5 | or other person and the court determines that further
| ||||||
6 | monitoring by the court does not further the health, safety or | ||||||
7 | best interest of
the child and that this is a stable permanent | ||||||
8 | placement.
The permanency hearings must occur within the time | ||||||
9 | frames set forth in this
subsection and may not be delayed in | ||||||
10 | anticipation of a report from any source or due to the agency's | ||||||
11 | failure to timely file its written report (this
written report | ||||||
12 | means the one required under the next paragraph and does not
| ||||||
13 | mean the service plan also referred to in that paragraph).
| ||||||
14 | The public agency that is the custodian or guardian of the | ||||||
15 | minor, or another
agency responsible for the minor's care, | ||||||
16 | shall ensure that all parties to the
permanency hearings are | ||||||
17 | provided a copy of the most recent
service plan prepared within | ||||||
18 | the prior 6 months
at least 14 days in advance of the hearing. | ||||||
19 | If not contained in the plan, the
agency shall also include a | ||||||
20 | report setting forth (i) any special
physical, psychological, | ||||||
21 | educational, medical, emotional, or other needs of the
minor or | ||||||
22 | his or her family that are relevant to a permanency or | ||||||
23 | placement
determination and (ii) for any minor age 16 or over, | ||||||
24 | a written description of
the programs and services that will | ||||||
25 | enable the minor to prepare for independent
living. The | ||||||
26 | agency's written report must detail what progress or lack of
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1 | progress the parent has made in correcting the conditions | ||||||
2 | requiring the child
to be in care; whether the child can be | ||||||
3 | returned home without jeopardizing the
child's health, safety, | ||||||
4 | and welfare, and if not, what permanency goal is
recommended to | ||||||
5 | be in the best interests of the child, and why the other
| ||||||
6 | permanency goals are not appropriate. The caseworker must | ||||||
7 | appear and testify
at the permanency hearing. If a permanency | ||||||
8 | hearing has not previously been
scheduled by the court, the | ||||||
9 | moving party shall move for the setting of a
permanency hearing | ||||||
10 | and the entry of an order within the time frames set forth
in | ||||||
11 | this subsection.
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12 | At the permanency hearing, the court shall determine the | ||||||
13 | future status
of the child. The court shall set one of the | ||||||
14 | following permanency goals:
| ||||||
15 | (A) The minor will be returned home by a specific date | ||||||
16 | within 5
months.
| ||||||
17 | (B) The minor will be in short-term care with a
| ||||||
18 | continued goal to return home within a period not to exceed | ||||||
19 | one
year, where the progress of the parent or parents is | ||||||
20 | substantial giving
particular consideration to the age and | ||||||
21 | individual needs of the minor.
| ||||||
22 | (B-1) The minor will be in short-term care with a | ||||||
23 | continued goal to return
home pending a status hearing. | ||||||
24 | When the court finds that a parent has not made
reasonable | ||||||
25 | efforts or reasonable progress to date, the court shall | ||||||
26 | identify
what actions the parent and the Department must |
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1 | take in order to justify a
finding of reasonable efforts or | ||||||
2 | reasonable progress and shall set a status
hearing to be | ||||||
3 | held not earlier than 9 months from the date of | ||||||
4 | adjudication nor
later than 11 months from the date of | ||||||
5 | adjudication during which the parent's
progress will again | ||||||
6 | be reviewed.
| ||||||
7 | (C) The minor will be in substitute care pending court
| ||||||
8 | determination on termination of parental rights.
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9 | (D) Adoption, provided that parental rights have been | ||||||
10 | terminated or
relinquished.
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11 | (E) The guardianship of the minor will be transferred | ||||||
12 | to an individual or
couple on a permanent basis provided | ||||||
13 | that goals (A) through (D) have
been ruled out.
| ||||||
14 | (F) The minor over age 15 will be in substitute care | ||||||
15 | pending
independence.
| ||||||
16 | (G) The minor will be in substitute care because he or | ||||||
17 | she cannot be
provided for in a home environment due to | ||||||
18 | developmental
disabilities or mental illness or because he | ||||||
19 | or she is a danger to self or
others, provided that goals | ||||||
20 | (A) through (D) have been ruled out.
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21 | In selecting any permanency goal, the court shall indicate | ||||||
22 | in writing the
reasons the goal was selected and why the | ||||||
23 | preceding goals were ruled out.
Where the court has selected a | ||||||
24 | permanency goal other than (A), (B), or (B-1),
the
Department | ||||||
25 | of Children and Family Services shall not provide further
| ||||||
26 | reunification services, but shall provide services
consistent |
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1 | with the goal
selected.
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2 | (H) Notwithstanding any other provision in this | ||||||
3 | Section, the court may select the goal of continuing foster | ||||||
4 | care as a permanency goal if: | ||||||
5 | (1) The Department of Children and Family Services | ||||||
6 | has custody and guardianship of the minor; | ||||||
7 | (2) The court has ruled out all other permanency | ||||||
8 | goals based on the child's best interest;
| ||||||
9 | (3) The court has found compelling reasons, based | ||||||
10 | on written documentation reviewed by the court, to | ||||||
11 | place the minor in continuing foster care. Compelling | ||||||
12 | reasons include:
| ||||||
13 | (a) the child does not wish to be adopted or to | ||||||
14 | be placed in the guardianship of his or her | ||||||
15 | relative or foster care placement;
| ||||||
16 | (b) the child exhibits an extreme level of need | ||||||
17 | such that the removal of the child from his or her | ||||||
18 | placement would be detrimental to the child; or
| ||||||
19 | (c) the child who is the subject of the | ||||||
20 | permanency hearing has existing close and strong | ||||||
21 | bonds with a sibling, and achievement of another | ||||||
22 | permanency goal would substantially interfere with | ||||||
23 | the subject child's sibling relationship, taking | ||||||
24 | into consideration the nature and extent of the | ||||||
25 | relationship, and whether ongoing contact is in | ||||||
26 | the subject child's best interest, including |
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1 | long-term emotional interest, as compared with the | ||||||
2 | legal and emotional benefit of permanence;
| ||||||
3 | (4) The child has lived with the relative or foster | ||||||
4 | parent for at least one year; and
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5 | (5) The relative or foster parent currently caring | ||||||
6 | for the child is willing and capable of providing the | ||||||
7 | child with a stable and permanent environment. | ||||||
8 | The court shall set a
permanency
goal that is in the best | ||||||
9 | interest of the child. In determining that goal, the court | ||||||
10 | shall consult with the minor in an age-appropriate manner | ||||||
11 | regarding the proposed permanency or transition plan for the | ||||||
12 | minor. The court's determination
shall include the following | ||||||
13 | factors:
| ||||||
14 | (1) Age of the child.
| ||||||
15 | (2) Options available for permanence, including both | ||||||
16 | out-of-State and in-State placement options.
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17 | (3) Current placement of the child and the intent of | ||||||
18 | the family regarding
adoption.
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19 | (4) Emotional, physical, and mental status or | ||||||
20 | condition of the child.
| ||||||
21 | (5) Types of services previously offered and whether or | ||||||
22 | not
the services were successful and, if not successful, | ||||||
23 | the reasons the services
failed.
| ||||||
24 | (6) Availability of services currently needed and | ||||||
25 | whether the services
exist.
| ||||||
26 | (7) Status of siblings of the minor.
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1 | The court shall consider (i) the permanency goal contained | ||||||
2 | in the service
plan, (ii) the appropriateness of the
services | ||||||
3 | contained in the plan and whether those services have been
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4 | provided, (iii) whether reasonable efforts have been made by | ||||||
5 | all
the parties to the service plan to achieve the goal, and | ||||||
6 | (iv) whether the plan
and goal have been achieved. All evidence
| ||||||
7 | relevant to determining these questions, including oral and | ||||||
8 | written reports,
may be admitted and may be relied on to the | ||||||
9 | extent of their probative value.
| ||||||
10 | The court shall make findings as to whether, in violation | ||||||
11 | of Section 8.2 of the Abused and Neglected Child Reporting Act, | ||||||
12 | any portion of the service plan compels a child or parent to | ||||||
13 | engage in any activity or refrain from any activity that is not | ||||||
14 | reasonably related to remedying a condition or conditions that | ||||||
15 | gave rise or which could give rise to any finding of child | ||||||
16 | abuse or neglect. The services contained in the service plan | ||||||
17 | shall include services reasonably related to remedy the | ||||||
18 | conditions that gave rise to removal of the child from the home | ||||||
19 | of his or her parents, guardian, or legal custodian or that the | ||||||
20 | court has found must be remedied prior to returning the child | ||||||
21 | home. Any tasks the court requires of the parents, guardian, or | ||||||
22 | legal custodian or child prior to returning the child home, | ||||||
23 | must be reasonably related to remedying a condition or | ||||||
24 | conditions that gave rise to or which could give rise to any | ||||||
25 | finding of child abuse or neglect. | ||||||
26 | If the permanency goal is to return home, the court shall |
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1 | make findings that identify any problems that are causing | ||||||
2 | continued placement of the children away from the home and | ||||||
3 | identify what outcomes would be considered a resolution to | ||||||
4 | these problems. The court shall explain to the parents that | ||||||
5 | these findings are based on the information that the court has | ||||||
6 | at that time and may be revised, should additional evidence be | ||||||
7 | presented to the court. | ||||||
8 | If the goal has been achieved, the court shall enter orders | ||||||
9 | that are
necessary to conform the minor's legal custody and | ||||||
10 | status to those findings.
| ||||||
11 | If, after receiving evidence, the court determines that the | ||||||
12 | services
contained in the plan are not reasonably calculated to | ||||||
13 | facilitate achievement
of the permanency goal, the court shall | ||||||
14 | put in writing the factual basis
supporting the determination | ||||||
15 | and enter specific findings based on the evidence.
The court | ||||||
16 | also shall enter an order for the Department to develop and
| ||||||
17 | implement a new service plan or to implement changes to the | ||||||
18 | current service
plan consistent with the court's findings. The | ||||||
19 | new service plan shall be filed
with the court and served on | ||||||
20 | all parties within 45 days of the date of the
order. The court | ||||||
21 | shall continue the matter until the new service plan is
filed. | ||||||
22 | Unless otherwise specifically authorized by law, the court is | ||||||
23 | not
empowered under this subsection (2) or under subsection (3) | ||||||
24 | to order specific
placements, specific services, or specific | ||||||
25 | service providers to be included in
the plan.
| ||||||
26 | A guardian or custodian appointed by the court pursuant to |
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| |||||||
1 | this Act shall
file updated case plans with the court every 6 | ||||||
2 | months.
| ||||||
3 | Rights of wards of the court under this Act are enforceable | ||||||
4 | against
any public agency by complaints for relief by mandamus | ||||||
5 | filed in any
proceedings brought under this Act.
| ||||||
6 | (3) Following the permanency hearing, the court shall enter | ||||||
7 | a written order
that includes the determinations required under | ||||||
8 | subsection (2) of this
Section and sets forth the following:
| ||||||
9 | (a) The future status of the minor, including the | ||||||
10 | permanency goal, and
any order necessary to conform the | ||||||
11 | minor's legal custody and status to such
determination; or
| ||||||
12 | (b) If the permanency goal of the minor cannot be | ||||||
13 | achieved immediately,
the specific reasons for continuing | ||||||
14 | the minor in the care of the Department of
Children and | ||||||
15 | Family Services or other agency for short term placement, | ||||||
16 | and the
following determinations:
| ||||||
17 | (i) (Blank).
| ||||||
18 | (ii) Whether the services required by the court
and | ||||||
19 | by any service plan prepared within the prior 6 months
| ||||||
20 | have been provided and (A) if so, whether the services | ||||||
21 | were reasonably
calculated to facilitate the | ||||||
22 | achievement of the permanency goal or (B) if not
| ||||||
23 | provided, why the services were not provided.
| ||||||
24 | (iii) Whether the minor's placement is necessary, | ||||||
25 | and appropriate to the
plan and goal, recognizing the | ||||||
26 | right of minors to the least restrictive (most
|
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1 | family-like) setting available and in close proximity | ||||||
2 | to the parents' home
consistent with the health, | ||||||
3 | safety, best interest and special needs of the
minor | ||||||
4 | and, if the minor is placed out-of-State, whether the | ||||||
5 | out-of-State
placement continues to be appropriate and | ||||||
6 | consistent with the health, safety,
and best interest | ||||||
7 | of the minor.
| ||||||
8 | (iv) (Blank).
| ||||||
9 | (v) (Blank).
| ||||||
10 | (4) The minor or any person interested in the minor may | ||||||
11 | apply to the
court for a change in custody of the minor and the | ||||||
12 | appointment of a new
custodian or guardian of the person or for | ||||||
13 | the restoration of the minor
to the custody of his parents or | ||||||
14 | former guardian or custodian.
| ||||||
15 | When return home is not selected as the permanency goal:
| ||||||
16 | (a) The Department, the minor, or the current
foster | ||||||
17 | parent or relative
caregiver seeking private guardianship | ||||||
18 | may file a motion for private
guardianship of the minor. | ||||||
19 | Appointment of a guardian under this Section
requires | ||||||
20 | approval of the court.
| ||||||
21 | (b) The State's Attorney may file a motion to terminate | ||||||
22 | parental rights of
any parent who has failed to make | ||||||
23 | reasonable efforts to correct the conditions
which led to | ||||||
24 | the removal of the child or reasonable progress toward the | ||||||
25 | return
of the child, as defined in subdivision (D)(m) of | ||||||
26 | Section 1 of the Adoption Act
or for whom any other |
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| |||||||
1 | unfitness ground for terminating parental rights as
| ||||||
2 | defined in subdivision (D) of Section 1 of the Adoption Act | ||||||
3 | exists. | ||||||
4 | When parental rights have been terminated for a minimum | ||||||
5 | of 3 years and the child who is the subject of the | ||||||
6 | permanency hearing is 13 years old or older and is not | ||||||
7 | currently placed in a placement likely to achieve | ||||||
8 | permanency, the Department of
Children and Family Services | ||||||
9 | shall make reasonable efforts to locate parents whose | ||||||
10 | rights have been terminated, except when the Court | ||||||
11 | determines that those efforts would be futile or | ||||||
12 | inconsistent with the subject child's best interests. The | ||||||
13 | Department of
Children and Family Services shall assess the | ||||||
14 | appropriateness of the parent whose rights have been | ||||||
15 | terminated, and shall, as appropriate, foster and support | ||||||
16 | connections between the parent whose rights have been | ||||||
17 | terminated and the youth. The Department of
Children and | ||||||
18 | Family Services shall document its determinations and | ||||||
19 | efforts to foster connections in the child's case plan.
| ||||||
20 | Custody of the minor shall not be restored to any parent, | ||||||
21 | guardian or legal
custodian in any case in which the minor is | ||||||
22 | found to be neglected or abused
under Section 2-3 or dependent | ||||||
23 | under Section 2-4 of this Act, unless the
minor can be cared | ||||||
24 | for at home
without endangering his or her health or safety and | ||||||
25 | it is in the best
interest of the minor,
and if such neglect, | ||||||
26 | abuse, or dependency is found by the court
under paragraph (1) |
| |||||||
| |||||||
1 | of Section 2-21 of this Act to have come
about due to the acts | ||||||
2 | or omissions or both of such parent, guardian or legal
| ||||||
3 | custodian, until such time as an investigation is made as | ||||||
4 | provided in
paragraph (5) and a hearing is held on the issue of | ||||||
5 | the health,
safety and
best interest of the minor and the | ||||||
6 | fitness of such
parent, guardian or legal custodian to care for | ||||||
7 | the minor and the court
enters an order that such parent, | ||||||
8 | guardian or legal custodian is fit to
care for the minor. In | ||||||
9 | the event that the minor has attained 18 years
of age and the | ||||||
10 | guardian or custodian petitions the court for an order
| ||||||
11 | terminating his guardianship or custody, guardianship or | ||||||
12 | custody shall
terminate automatically 30 days after the receipt | ||||||
13 | of the petition unless
the court orders otherwise. No legal | ||||||
14 | custodian or guardian of the
person may be removed without his | ||||||
15 | consent until given notice and an
opportunity to be heard by | ||||||
16 | the court.
| ||||||
17 | When the court orders a child restored to the custody of | ||||||
18 | the parent or
parents, the court shall order the parent or | ||||||
19 | parents to cooperate with the
Department of Children and Family | ||||||
20 | Services and comply with the terms of an
after-care plan, or | ||||||
21 | risk the loss of custody of the child and possible
termination | ||||||
22 | of their parental rights. The court may also enter an order of
| ||||||
23 | protective supervision in accordance with Section 2-24.
| ||||||
24 | (5) Whenever a parent, guardian, or legal custodian files a | ||||||
25 | motion for
restoration of custody of the minor, and the minor | ||||||
26 | was adjudicated
neglected, abused, or dependent as a result of |
| |||||||
| |||||||
1 | physical abuse,
the court shall cause to be
made an | ||||||
2 | investigation as to whether the movant has ever been charged
| ||||||
3 | with or convicted of any criminal offense which would indicate | ||||||
4 | the
likelihood of any further physical abuse to the minor. | ||||||
5 | Evidence of such
criminal convictions shall be taken into | ||||||
6 | account in determining whether the
minor can be cared for at | ||||||
7 | home without endangering his or her health or safety
and | ||||||
8 | fitness of the parent, guardian, or legal custodian.
| ||||||
9 | (a) Any agency of this State or any subdivision thereof | ||||||
10 | shall
co-operate with the agent of the court in providing | ||||||
11 | any information
sought in the investigation.
| ||||||
12 | (b) The information derived from the investigation and | ||||||
13 | any
conclusions or recommendations derived from the | ||||||
14 | information shall be
provided to the parent, guardian, or | ||||||
15 | legal custodian seeking restoration
of custody prior to the | ||||||
16 | hearing on fitness and the movant shall have
an opportunity | ||||||
17 | at the hearing to refute the information or contest its
| ||||||
18 | significance.
| ||||||
19 | (c) All information obtained from any investigation | ||||||
20 | shall be confidential
as provided in Section 5-150 of this | ||||||
21 | Act.
| ||||||
22 | (Source: P.A. 95-10, eff. 6-30-07; 95-182, eff. 8-14-07; | ||||||
23 | 95-876, eff. 8-21-08; 96-600, eff. 8-21-09.)
| ||||||
24 | (705 ILCS 405/2-34) | ||||||
25 | (Section scheduled to be repealed on August 21, 2013) |
| |||||||
| |||||||
1 | Sec. 2-34. Motion to reinstate parental rights. | ||||||
2 | (1) For purposes of this subsection (1), the term "parent" | ||||||
3 | refers to the person or persons whose rights were terminated as | ||||||
4 | described in paragraph (a) of this subsection; and the term | ||||||
5 | "minor" means a person under the age of 21 years subject to | ||||||
6 | this Act for whom the Department of Children and Family | ||||||
7 | Services Guardianship Administrator is appointed the temporary | ||||||
8 | custodian or guardian. | ||||||
9 | A motion to reinstate parental rights may be filed only by | ||||||
10 | the Department of Children and Family Services regarding any | ||||||
11 | minor who is presently a ward of the court under Article II of | ||||||
12 | this Act when all the conditions set out in paragraphs (a), | ||||||
13 | (b), (c), (d), (e), (f), and (g) of this subsection (1) are | ||||||
14 | met: | ||||||
15 | (a) while the minor was under the jurisdiction of the | ||||||
16 | court under Article II of this Act, the minor's parent or | ||||||
17 | parents surrendered the minor for adoption to an agency | ||||||
18 | legally authorized to place children for adoption, or the | ||||||
19 | minor's parent or parents consented to his or her adoption, | ||||||
20 | or the minor's parent or parents consented to his or her | ||||||
21 | adoption by a specified person or persons, or the parent or | ||||||
22 | parents' rights were terminated pursuant to a finding of | ||||||
23 | unfitness pursuant to Section 2-29 of this Act and a | ||||||
24 | guardian was appointed with the power to consent to | ||||||
25 | adoption pursuant to Section 2-29 of this Act; and | ||||||
26 | (b) (i) since the signing of the surrender, the signing |
| |||||||
| |||||||
1 | of the consent, or the unfitness finding, the minor has | ||||||
2 | remained a ward of the Court under Article II of this Act; | ||||||
3 | or | ||||||
4 | (ii) the minor was made a ward of the Court, the | ||||||
5 | minor was placed in the private guardianship of an | ||||||
6 | individual or individuals, and after the appointment | ||||||
7 | of a private guardian and a new petition alleging | ||||||
8 | abuse, neglect, or dependency pursuant to Section 2-3 | ||||||
9 | or 2-4 is filed, and the minor is again found by the | ||||||
10 | court to be abused, neglected or dependent; or a | ||||||
11 | supplemental petition to reinstate wardship is filed | ||||||
12 | pursuant to Section 2-33, and the court reinstates | ||||||
13 | wardship , the minor was again brought to the attention | ||||||
14 | of the Juvenile Court and the private guardianship was | ||||||
15 | vacated ; or | ||||||
16 | (iii) the minor was made a ward of the Court, | ||||||
17 | wardship was terminated after the minor was adopted, | ||||||
18 | after the adoption a new petition alleging abuse, | ||||||
19 | neglect, or dependency pursuant to Section 2-3 or 2-4 | ||||||
20 | is filed, and the minor is again found by the court to | ||||||
21 | be abused, neglected, or dependent the minor was again | ||||||
22 | brought to the attention of the Juvenile Court and made | ||||||
23 | a ward of the Court under Article II of this Act , and | ||||||
24 | either (i) the adoptive parent or parents are deceased, | ||||||
25 | (ii) the adoptive parent or parents signed a surrender | ||||||
26 | of parental rights, or (iii) the parental rights of the |
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1 | adoptive parent or parents were terminated; | ||||||
2 | (c) the minor is not currently in a placement likely to | ||||||
3 | achieve permanency; | ||||||
4 | (d) it is in the minor's best interest that parental | ||||||
5 | rights be reinstated; | ||||||
6 | (e) the parent named in the motion wishes parental | ||||||
7 | rights to be reinstated and is currently appropriate to | ||||||
8 | have rights reinstated; | ||||||
9 | (f) more than 3 years have lapsed since the signing of | ||||||
10 | the consent or surrender, or the entry of the order | ||||||
11 | appointing a guardian with the power to consent to | ||||||
12 | adoption; | ||||||
13 | (g) (i) the child is 13 years of age or older or (ii) | ||||||
14 | the child is the younger sibling of such child, 13 years of | ||||||
15 | age or older, for whom reinstatement of parental rights is | ||||||
16 | being sought and the younger sibling independently meets | ||||||
17 | the criteria set forth in paragraphs (a) through (h) of | ||||||
18 | this subsection; and | ||||||
19 | (h) if the court has previously denied a motion to | ||||||
20 | reinstate parental rights filed by the Department, there | ||||||
21 | has been a substantial change in circumstances following | ||||||
22 | the denial of the earlier motion. | ||||||
23 | (2) The motion may be filed only by the Department of | ||||||
24 | Children and Family Services. Unless excused by the court for | ||||||
25 | good cause shown, the movant shall give notice of the time and | ||||||
26 | place of the hearing on the motion, in person or by mail, to |
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1 | the parties to the juvenile court proceeding. Notice shall be | ||||||
2 | provided at least 14 days in advance of the hearing date. The | ||||||
3 | motion shall include the allegations required in subsection (1) | ||||||
4 | of this Section. | ||||||
5 | (3) Any party may file a motion to dismiss the motion with | ||||||
6 | prejudice on the basis that the parent has intentionally acted | ||||||
7 | to prevent the child from being adopted, after parental rights | ||||||
8 | were terminated or the parent intentionally acted to disrupt | ||||||
9 | the child's adoption. If the court finds by a
preponderance of | ||||||
10 | the evidence that the parent has intentionally acted to prevent | ||||||
11 | the child from being adopted, after parental rights were | ||||||
12 | terminated or that the parent intentionally acted
to disrupt | ||||||
13 | the child's adoption, the court shall dismiss the petition with | ||||||
14 | prejudice. | ||||||
15 | (4) The court shall not grant a motion for reinstatement of | ||||||
16 | parental rights unless the court finds that the motion is | ||||||
17 | supported by clear and convincing evidence. In ruling on a | ||||||
18 | motion to reinstate parental rights, the court shall make | ||||||
19 | findings consistent with the requirements in subsection (1) of | ||||||
20 | this Section. The court shall consider the reasons why the | ||||||
21 | child was initially brought to the attention of the court, the | ||||||
22 | history of the child's case as it relates to the parent seeking | ||||||
23 | reinstatement, and the current circumstances of the parent for | ||||||
24 | whom reinstatement of rights is sought. If reinstatement is | ||||||
25 | being considered subsequent to a finding of unfitness pursuant | ||||||
26 | to Section 2-29 of this Act having been entered with respect to |
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1 | the parent whose rights are being restored, the court in | ||||||
2 | determining the minor's best interest shall consider, in | ||||||
3 | addition to the factors set forth in paragraph (4.05) of | ||||||
4 | Section 1-3 of this Act, the specific grounds upon which the | ||||||
5 | unfitness findings were made. Upon the entry of an order | ||||||
6 | granting a motion to reinstate parental rights, parental rights | ||||||
7 | of the parent named in the order shall be reinstated, any | ||||||
8 | previous order appointing a guardian with the power to consent | ||||||
9 | to adoption shall be void and with respect to the parent named | ||||||
10 | in the order, any consent shall be void. | ||||||
11 | (5) If the case is post-disposition, the court, upon the | ||||||
12 | entry of an order granting a motion to reinstate parental | ||||||
13 | rights, shall schedule the matter for a permanency hearing | ||||||
14 | pursuant to Section 2-28 of this Act within 45 days. | ||||||
15 | (6) Custody of the minor shall not be restored to the | ||||||
16 | parent, except by order of court pursuant to subsection (4) of | ||||||
17 | Section 2-28 of this Act. | ||||||
18 | (7) In any case involving a child over the age of 13 who | ||||||
19 | meets the criteria established in this Section for | ||||||
20 | reinstatement of parental rights, the Department of Children | ||||||
21 | and Family Services shall conduct an assessment of the child's | ||||||
22 | circumstances to assist in future planning for the child, | ||||||
23 | including, but not limited to a determination regarding the | ||||||
24 | appropriateness of filing a motion to reinstate parental | ||||||
25 | rights. | ||||||
26 | (8) This Section is repealed 4 years after the effective |
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1 | date of this amendatory Act of the 96th General Assembly.
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2 | (Source: P.A. 96-600, eff. 8-21-09.)
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3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.
|