100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4321

 

Introduced , by Rep. Michael D. Unes

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/2-33

    Amends the Juvenile Court Act of 1987. Makes technical changes in a provision concerning supplemental petitions to reinstate wardship of a juvenile to the court.


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A BILL FOR

 

HB4321LRB100 16190 SLF 31311 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Section 2-33 as follows:
 
6    (705 ILCS 405/2-33)
7    Sec. 2-33. Supplemental petition to reinstate wardship.
8    (1) Any time prior to a minor's 18th birthday, pursuant to
9a supplemental petition filed under this Section, the court may
10reinstate wardship and open a previously closed case when:
11        (a) wardship and guardianship under the Juvenile Court
12    Act of 1987 was vacated in conjunction with the appointment
13    of a private guardian under the Probate Act of 1975; or
14        (b) the minor is not presently a ward of the court
15    under Article II of this Act nor is there a petition for
16    adjudication of wardship pending on behalf of the minor;
17    and
18        (c) it is in the minor's best interest that wardship be
19    reinstated.
20    (2) Any time prior to a minor's 21st birthday, pursuant to
21a supplemental petition filed under this Section, the court may
22reinstate wardship and open a previously closed case when:
23        (a) wardship and guardianship under this Act was

 

 

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1    vacated pursuant to:
2            (i) an order entered under subsection (2) of
3        Section 2-31 in the case of a minor over the age of 18;
4        or
5            (ii) closure of a case under subsection (2) of
6        Section 2-31 in the case of a minor under the age of 18
7        who has been partially or completely emancipated in
8        accordance with the Emancipation of Minors Act; or
9            (iii) an order entered under subsection (3) of
10        Section 2-31 based on the minor's attaining the age of
11        19 years; or
12        (b) the minor is not presently a ward of the court
13    under Article II of this Act nor is there a petition for
14    adjudication of wardship pending on behalf of the minor;
15    and
16        (c) it is in the minor's best interest that wardship be
17    reinstated.
18    (3) The supplemental petition must be filed in the same
19proceeding in which the original adjudication order was
20entered. Unless excused by court for good cause shown, the
21petitioner shall give notice of the time and place of the
22hearing on the supplemental petition, in person or by mail, to
23the minor, if the minor is 14 years of age or older, and to the
24parties to the juvenile court proceeding. Notice shall be
25provided at least 3 court days in advance of the hearing date.
26    (4) A minor who is the subject of a petition to reinstate

 

 

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1wardship under this Section shall be provided with
2representation in accordance with Sections 1-5 and 2-17 of this
3Act.
4    (5) Whenever a minor is committed to the Department of
5Children and Family Services for care and services following
6the reinstatement of wardship under this Section, the
7Department shall:
8        (a) Within 30 days of such commitment, prepare and file
9    with the court a case plan which complies with the federal
10    Adoption Assistance and Child Welfare Act of 1980 and is
11    consistent with the health, safety and best interests of
12    the minor; and
13        (b) Promptly refer the minor for such services as are
14    necessary and consistent with the minor's health, safety
15    and best interests.
16(Source: P.A. 96-581, eff. 1-1-10.)