093_HB3814

                                     LRB093 11865 DRJ 16081 b

 1        AN ACT in relation to parental rights.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 1.  Short title. This Act may  be  cited  as  the
 5    Parental Rights Termination Investigation Agency Act.

 6        Section  5.  Definition.  In this Act, "Agency" means the
 7    Parental Rights Termination Investigation Agency  established
 8    under Section 10.

 9        Section  10.  Agency  established.  The  Parental  Rights
10    Termination   Investigation  Agency  is  established  in  the
11    Executive Branch of the State Government. The Agency shall be
12    under the supervision and direction of a  Director  appointed
13    by  the  Governor  with the advice and consent of the Senate.
14    The Director shall serve at the pleasure of the Governor. The
15    Director is entitled to  an  annual  salary  as  set  by  the
16    Governor  from  time  to  time  or as set by the Compensation
17    Review Board, whichever is greater. If set by  the  Governor,
18    the  Director's  annual  salary  may  not  exceed  85% of the
19    Governor's annual salary. The Director,  in  accordance  with
20    the  Personnel  Code,  shall  employ  and direct personnel as
21    necessary to carry out the purposes of this Act.

22        Section 15.  Investigation of  cases  of  termination  of
23    parental rights.
24        (a)  A  person whose parental rights have been terminated
25    in a proceeding under the Juvenile  Court  Act  of  1987  may
26    request  the  Agency to investigate the circumstances of that
27    termination of  parental  rights  if  all  of  the  following
28    criteria are met:
29             (1)  The person alleges that (i) his or her parental
 
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 1        rights  were  terminated  for  a reason or reasons due in
 2        substantial part to the person's financial  difficulties,
 3        (ii)  those  financial  difficulties no longer exist, and
 4        (iii) the court that  terminated  the  person's  parental
 5        rights  made  no  finding  that the person had abused the
 6        child or children  with  respect  to  whom  the  parental
 7        rights were terminated.
 8             (2)  The  person  wants  his  or her parental rights
 9        restored and  wants  custody  of  his  or  her  child  or
10        children  with  respect  to whom the parental rights were
11        terminated.
12             (3)  Not more than 3 years have  elapsed  since  the
13        termination of the person's parental rights.
14             (4)  A  judgment  of  adoption  has not been entered
15        with respect to the child with respect to whom the person
16        wants his or her parental rights restored, nor is there a
17        petition for adoption pending with respect to the child.
18        (b)  As part of an investigation under this Section,  the
19    Agency  shall  determine whether there is reasonable cause to
20    believe that the person's allegations made in accordance with
21    subdivision (a)(1) of this Section are true.  If  the  Agency
22    determines that there is such reasonable cause, then upon the
23    person's  request,  the Director shall prepare a statement to
24    be attached to a petition for restoration of parental  rights
25    as  provided  in  Section  2-29.5,  3-30.5,  or 4-27.5 of the
26    Juvenile Court Act of 1987.

27        Section    20.  Agency's    access    to     information;
28    confidentiality.
29        (a)  For   the   purpose   of  conducting  investigations
30    authorized under this Act, the Agency is entitled  to  access
31    to  the  records  described  in  Section 11 of the Abused and
32    Neglected Child Reporting  Act  and  to  the  juvenile  court
33    records relating to a minor who is or has been the subject of
 
                            -3-      LRB093 11865 DRJ 16081 b
 1    a proceeding under the Juvenile Court Act of 1987.
 2        (b)  All  records generated from investigations conducted
 3    by the Agency under this Act are confidential and may not  be
 4    disclosed  except  to a court in connection with a proceeding
 5    for the restoration of parental rights under Section  2-29.5,
 6    3-30.5, or 4-27.5 of the Juvenile Court Act of 1987.

 7        Section 90.  The Abused and Neglected Child Reporting Act
 8    is amended by changing Section 11.1 as follows:

 9        (325 ILCS 5/11.1) (from Ch. 23, par. 2061.1)
10        Sec. 11.1.  Access to records.
11        (a)  A  person shall have access to the records described
12    in Section  11  only  in  furtherance  of  purposes  directly
13    connected   with  the  administration  of  this  Act  or  the
14    Intergovernmental Missing Child Recovery Act of 1984.   Those
15    persons and purposes for access include:
16             (1)  Department  staff  in  the furtherance of their
17        responsibilities under this Act, or for  the  purpose  of
18        completing   background   investigations  on  persons  or
19        agencies licensed by the  Department  or  with  whom  the
20        Department  contracts  for the provision of child welfare
21        services.
22             (2)  A law enforcement agency investigating known or
23        suspected child abuse  or  neglect,  known  or  suspected
24        involvement  with  child  pornography, known or suspected
25        criminal sexual  assault,  known  or  suspected  criminal
26        sexual abuse, or any other sexual offense when a child is
27        alleged to be involved.
28             (3)  The    Department    of   State   Police   when
29        administering the  provisions  of  the  Intergovernmental
30        Missing Child Recovery Act of 1984.
31             (4)  A  physician who has before him a child whom he
32        reasonably suspects may be abused or neglected.
 
                            -4-      LRB093 11865 DRJ 16081 b
 1             (5)  A person authorized under Section 5 of this Act
 2        to place a child in  temporary  protective  custody  when
 3        such  person  requires  the  information in the report or
 4        record  to  determine  whether  to  place  the  child  in
 5        temporary protective custody.
 6             (6)  A person having  the  legal  responsibility  or
 7        authorization to care for, treat, or supervise a child or
 8        a  parent,  guardian, or other person responsible for the
 9        child's welfare who is the subject of a report.
10             (7)  Except in  regard  to  harmful  or  detrimental
11        information  as  provided in Section 7.19, any subject of
12        the report, and if the subject of the report is a  minor,
13        his guardian or guardian ad litem.
14             (8)  A  court,  upon its finding that access to such
15        records may be necessary  for  the  determination  of  an
16        issue  before  such  court; however, such access shall be
17        limited  to  in  camera  inspection,  unless  the   court
18        determines  that  public  disclosure  of  the information
19        contained therein is necessary for the resolution  of  an
20        issue then pending before it.
21             (8.1)  A   probation  officer  or  other  authorized
22        representative  of  a   probation   or   court   services
23        department conducting an investigation ordered by a court
24        under the Juvenile Court Act of l987.
25             (9)  A  grand  jury,  upon  its  determination  that
26        access to such records is necessary in the conduct of its
27        official business.
28             (10)  Any  person  authorized  by  the  Director, in
29        writing, for audit or bona fide research purposes.
30             (11)  Law enforcement agencies, coroners or  medical
31        examiners, physicians, courts, school superintendents and
32        child   welfare   agencies   in   other  states  who  are
33        responsible for child abuse or neglect investigations  or
34        background investigations.
 
                            -5-      LRB093 11865 DRJ 16081 b
 1             (12)  The Department of Professional Regulation, the
 2        State  Board  of  Education and school superintendents in
 3        Illinois, who may use or disclose  information  from  the
 4        records  as they deem necessary to conduct investigations
 5        or take disciplinary action, as provided by law.
 6             (13)  A coroner or medical examiner who  has  reason
 7        to  believe  that a child has died as the result of abuse
 8        or neglect.
 9             (14)  The Director of a State-operated facility when
10        an employee of that facility is  the  perpetrator  in  an
11        indicated report.
12             (15)  The operator of a licensed child care facility
13        or  a  facility  licensed  by  the  Department  of  Human
14        Services  (as  successor  to the Department of Alcoholism
15        and Substance Abuse) in  which  children  reside  when  a
16        current  or  prospective employee of that facility is the
17        perpetrator  in  an  indicated  child  abuse  or  neglect
18        report, pursuant to Section 4.3 of the Child Care Act  of
19        1969.
20             (16)  Members  of  a  multidisciplinary  team in the
21        furtherance of its responsibilities under subsection  (b)
22        of  Section  7.1.  All reports concerning child abuse and
23        neglect   made   available    to    members    of    such
24        multidisciplinary  teams  and  all records generated as a
25        result of such reports shall be  confidential  and  shall
26        not  be  disclosed,  except as specifically authorized by
27        this Act or other  applicable  law.   It  is  a  Class  A
28        misdemeanor   to   permit,   assist   or   encourage  the
29        unauthorized release of any information contained in such
30        reports or records.  Nothing contained  in  this  Section
31        prevents  the  sharing  of reports or records relating or
32        pertaining to the death of a minor under the care  of  or
33        receiving  services  from  the Department of Children and
34        Family  Services  and  under  the  jurisdiction  of   the
 
                            -6-      LRB093 11865 DRJ 16081 b
 1        juvenile  court  with  the  juvenile  court,  the State's
 2        Attorney, and the minor's attorney.
 3             (17)  The Department of Human Services, as  provided
 4        in Section 17 of the Disabled Persons Rehabilitation Act.
 5             (18)  Any   other   agency  or  investigative  body,
 6        including the Department of Public  Health  and  a  local
 7        board  of  health,  authorized by State law to conduct an
 8        investigation  into  the  quality  of  care  provided  to
 9        children in hospitals  and  other  State  regulated  care
10        facilities.   The  access   to and release of information
11        from such records shall be subject to the approval of the
12        Director of the Department or his designee.
13             (19)  The person appointed, under  Section  2-17  of
14        the  Juvenile Court Act of 1987, as the guardian ad litem
15        of a minor who is the subject  of  a  report  or  records
16        under this Act.
17             (20)  The  Parental Rights Termination Investigation
18        Agency, established under the Parental Rights Termination
19        Investigation Agency Act, for the purpose  of  conducting
20        investigations authorized under that Act.
21        (b)  Nothing  contained  in this Act prevents the sharing
22    or  disclosure  of  information  or   records   relating   or
23    pertaining  to  juveniles  subject  to  the provisions of the
24    Serious Habitual Offender Comprehensive Action  Program  when
25    that   information   is   used   to   assist   in  the  early
26    identification and treatment of habitual juvenile offenders.
27        (c)  To the extent that persons  or  agencies  are  given
28    access to information pursuant to this Section, those persons
29    or  agencies  may  give  this information to and receive this
30    information  from  each  other  in  order  to  facilitate  an
31    investigation conducted by those persons or agencies.
32    (Source: P.A. 90-15, eff. 6-13-97; 91-357, eff. 7-29-99.)

33        Section 95.  The Juvenile Court Act of 1987 is amended by
 
                            -7-      LRB093 11865 DRJ 16081 b
 1    changing Section 1-8 and adding Sections 2-29.5, 3-30.5,  and
 2    4-27.5 as follows:

 3        (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
 4        Sec.  1-8.  Confidentiality and accessibility of juvenile
 5    court records.
 6        (A)  Inspection and copying  of  juvenile  court  records
 7    relating  to a minor who is the subject of a proceeding under
 8    this Act shall be restricted to the following:
 9             (1)  The minor who is the  subject  of  record,  his
10        parents, guardian and counsel.
11             (2)  Law  enforcement  officers  and law enforcement
12        agencies when such information is essential to  executing
13        an  arrest or search warrant or other compulsory process,
14        or to conducting an ongoing investigation or relating  to
15        a minor who has been adjudicated delinquent and there has
16        been  a  previous  finding that the act which constitutes
17        the previous offense  was  committed  in  furtherance  of
18        criminal activities by a criminal street gang.
19             Before  July  1,  1994,  for  the  purposes  of this
20        Section,  "criminal  street  gang"  means   any   ongoing
21        organization, association, or group of 3 or more persons,
22        whether  formal or informal, having as one of its primary
23        activities the commission of one or  more  criminal  acts
24        and  that  has  a common name or common identifying sign,
25        symbol or specific color  apparel  displayed,  and  whose
26        members  individually  or  collectively engage in or have
27        engaged in a pattern of criminal activity.
28             Beginning  July  1,  1994,  for  purposes  of   this
29        Section,  "criminal street gang" has the meaning ascribed
30        to it in Section 10 of the Illinois Streetgang  Terrorism
31        Omnibus Prevention Act.
32             (3)  Judges,    hearing    officers,    prosecutors,
33        probation  officers,  social workers or other individuals
 
                            -8-      LRB093 11865 DRJ 16081 b
 1        assigned by the court to conduct  a  pre-adjudication  or
 2        predisposition investigation, and individuals responsible
 3        for  supervising or providing temporary or permanent care
 4        and custody for minors  pursuant  to  the  order  of  the
 5        juvenile   court   when  essential  to  performing  their
 6        responsibilities.
 7             (4)  Judges, prosecutors and probation officers:
 8                  (a)  in the course of a trial when  institution
 9             of   criminal  proceedings  has  been  permitted  or
10             required under Section 5-805; or
11                  (b)  when  criminal   proceedings   have   been
12             permitted  or  required  under  Section  5-805 and a
13             minor is the subject of a  proceeding  to  determine
14             the amount of bail; or
15                  (c)  when   criminal   proceedings   have  been
16             permitted or required  under  Section  5-805  and  a
17             minor  is  the subject of a pre-trial investigation,
18             pre-sentence investigation or  fitness  hearing,  or
19             proceedings on an application for probation; or
20                  (d)  when  a  minor  becomes 17 years of age or
21             older, and is the subject of  criminal  proceedings,
22             including a hearing to determine the amount of bail,
23             a    pre-trial    investigation,    a   pre-sentence
24             investigation, a fitness hearing, or proceedings  on
25             an application for probation.
26             (5)  Adult and Juvenile Prisoner Review Boards.
27             (6)  Authorized military personnel.
28             (7)  Victims,     their    subrogees    and    legal
29        representatives; however, such persons shall have  access
30        only to the name and address of the minor and information
31        pertaining  to  the disposition or alternative adjustment
32        plan of the juvenile court.
33             (8)  Persons engaged in bona fide research, with the
34        permission of the presiding judge of the  juvenile  court
 
                            -9-      LRB093 11865 DRJ 16081 b
 1        and  the  chief executive of the agency that prepared the
 2        particular records; provided  that  publication  of  such
 3        research  results  in no disclosure of a minor's identity
 4        and protects the confidentiality of the record.
 5             (9)  The Secretary of State to whom the Clerk of the
 6        Court shall report  the  disposition  of  all  cases,  as
 7        required  in  Section 6-204 of the Illinois Vehicle Code.
 8        However, information reported relative to these  offenses
 9        shall  be  privileged and available only to the Secretary
10        of State, courts, and police officers.
11             (10)  The  administrator  of  a  bonafide  substance
12        abuse student assistance program with the  permission  of
13        the presiding judge of the juvenile court.
14             (11)  Mental  health  professionals on behalf of the
15        Illinois Department of Corrections or the  Department  of
16        Human   Services   or  prosecutors  who  are  evaluating,
17        prosecuting,  or  investigating  a  potential  or  actual
18        petition brought under the  Sexually  Persons  Commitment
19        Act  relating  to a person who is the subject of juvenile
20        court records or the respondent  to  a  petition  brought
21        under the Sexually Violent Persons Commitment Act, who is
22        the  subject  of  juvenile  court  records  sought.   Any
23        records  and  any information obtained from those records
24        under this paragraph (11) may be used  only  in  sexually
25        violent persons commitment proceedings.
26             (12)  The  Parental Rights Termination Investigation
27        Agency, established under the Parental Rights Termination
28        Investigation Agency Act, for the purpose  of  conducting
29        investigations authorized under that Act.
30        (B)  A  minor  who is the victim in a juvenile proceeding
31    shall  be  provided  the   same   confidentiality   regarding
32    disclosure  of  identity  as  the minor who is the subject of
33    record.
34        (C)  Except as otherwise provided in this subsection (C),
 
                            -10-     LRB093 11865 DRJ 16081 b
 1    juvenile court records shall not be  made  available  to  the
 2    general  public  but  may  be inspected by representatives of
 3    agencies, associations  and  news  media  or  other  properly
 4    interested  persons by general or special order of the court.
 5    The State's Attorney, the minor, his  parents,  guardian  and
 6    counsel  shall  at  all times have the right to examine court
 7    files and records.
 8             (1)  The court shall allow  the  general  public  to
 9        have  access to the name, address, and offense of a minor
10        who is adjudicated a  delinquent  minor  under  this  Act
11        under either of the following circumstances:
12                  (A)  The  adjudication of delinquency was based
13             upon the minor's commission of first degree  murder,
14             attempt  to  commit  first degree murder, aggravated
15             criminal sexual assault, or criminal sexual assault;
16             or
17                  (B)  The court has  made  a  finding  that  the
18             minor  was  at least 13 years of age at the time the
19             act  was   committed   and   the   adjudication   of
20             delinquency  was  based  upon the minor's commission
21             of: (i) an act in furtherance of the commission of a
22             felony as a member of or on  behalf  of  a  criminal
23             street  gang,  (ii)  an  act  involving the use of a
24             firearm in the commission of a felony, (iii) an  act
25             that  would be a Class X felony offense under or the
26             minor's second or  subsequent  Class  2  or  greater
27             felony  offense  under  the  Cannabis Control Act if
28             committed by an adult, (iv) an act that would  be  a
29             second  or  subsequent  offense under Section 402 of
30             the Illinois Controlled Substances Act if  committed
31             by  an adult, or (v) an act that would be an offense
32             under  Section  401  of  the   Illinois   Controlled
33             Substances Act if committed by an adult.
34             (2)  The  court  shall  allow  the general public to
 
                            -11-     LRB093 11865 DRJ 16081 b
 1        have access to the name, address, and offense of a  minor
 2        who  is  at least 13 years of age at the time the offense
 3        is  committed  and  who   is   convicted,   in   criminal
 4        proceedings  permitted  or  required  under  Section 5-4,
 5        under either of the following circumstances:
 6                  (A)  The minor  has  been  convicted  of  first
 7             degree   murder,  attempt  to  commit  first  degree
 8             murder,  aggravated  criminal  sexual  assault,   or
 9             criminal sexual assault,
10                  (B)  The  court  has  made  a  finding that the
11             minor was at least 13 years of age at the  time  the
12             offense  was  committed and the conviction was based
13             upon the minor's commission of: (i)  an  offense  in
14             furtherance  of  the  commission  of  a  felony as a
15             member of or on behalf of a  criminal  street  gang,
16             (ii)  an  offense  involving the use of a firearm in
17             the commission of a felony, (iii) a Class  X  felony
18             offense  under  or a second or subsequent Class 2 or
19             greater felony offense under  the  Cannabis  Control
20             Act,  (iv)  a  second  or  subsequent  offense under
21             Section 402 of the  Illinois  Controlled  Substances
22             Act,  or  (v)  an  offense  under Section 401 of the
23             Illinois Controlled Substances Act.
24        (D)  Pending or following any adjudication of delinquency
25    for any offense defined in Sections 12-13  through  12-16  of
26    the  Criminal  Code  of  1961, the victim of any such offense
27    shall receive the rights set out in Sections 4 and 6  of  the
28    Bill  of  Rights  for  Victims and Witnesses of Violent Crime
29    Act; and the juvenile who is the subject of the adjudication,
30    notwithstanding any other provision of  this  Act,  shall  be
31    treated  as an adult for the purpose of affording such rights
32    to the victim.
33        (E)  Nothing in this Section shall affect the right of  a
34    Civil  Service  Commission  or  appointing  authority  of any
 
                            -12-     LRB093 11865 DRJ 16081 b
 1    state, county or municipality  examining  the  character  and
 2    fitness of an applicant for employment with a law enforcement
 3    agency,  correctional  institution,  or  fire  department  to
 4    ascertain whether that applicant was ever adjudicated to be a
 5    delinquent  minor  and,  if  so,  to  examine  the records of
 6    disposition or evidence which were made in proceedings  under
 7    this Act.
 8        (F)  Following  any  adjudication  of  delinquency  for a
 9    crime which would be a felony if committed by  an  adult,  or
10    following  any adjudication of delinquency for a violation of
11    Section 24-1, 24-3, 24-3.1, or 24-5 of the Criminal  Code  of
12    1961,  the State's Attorney shall ascertain whether the minor
13    respondent is enrolled in school and, if so, shall provide  a
14    copy  of  the  dispositional  order to the principal or chief
15    administrative  officer  of  the  school.   Access  to   such
16    juvenile  records  shall be limited to the principal or chief
17    administrative  officer  of  the  school  and  any   guidance
18    counselor designated by him.
19        (G)  Nothing  contained  in this Act prevents the sharing
20    or  disclosure  of  information  or   records   relating   or
21    pertaining  to  juveniles  subject  to  the provisions of the
22    Serious Habitual Offender Comprehensive Action  Program  when
23    that   information   is   used   to   assist   in  the  early
24    identification and treatment of habitual juvenile offenders.
25        (H)  When a Court hearing a proceeding under  Article  II
26    of  this  Act  becomes aware that an earlier proceeding under
27    Article II had been heard in a different county,  that  Court
28    shall request, and the Court in which the earlier proceedings
29    were  initiated  shall transmit, an authenticated copy of the
30    Court record, including all documents, petitions, and  orders
31    filed   therein   and   the   minute  orders,  transcript  of
32    proceedings, and docket entries of the Court.
33        (I)  The Clerk of the Circuit Court shall report  to  the
34    Department  of  State Police, in the form and manner required
 
                            -13-     LRB093 11865 DRJ 16081 b
 1    by the Department of State Police, the final  disposition  of
 2    each minor who has been arrested or taken into custody before
 3    his  or  her  17th birthday for those offenses required to be
 4    reported under Section 5 of the Criminal Identification  Act.
 5    Information reported to the Department under this Section may
 6    be  maintained  with  records that the Department files under
 7    Section 2.1 of the Criminal Identification Act.
 8    (Source: P.A. 91-357,  eff.  7-29-99;  91-368,  eff.  1-1-00,
 9    92-415, eff. 8-17-01.)

10        (705 ILCS 405/2-29.5 new)
11        Sec. 2-29.5.  Restoration of parental rights.
12        (a)  A  person  whose  parental  rights with respect to a
13    minor have been terminated by a court under Section 2-29  may
14    file  with  the  court  a  petition  for restoration of those
15    parental rights. The parents of a  minor  may  file  a  joint
16    petition.  The  petitioner  must  attach  to  the  petition a
17    statement signed by  the  Director  of  the  Parental  Rights
18    Termination  Investigation  Agency or his or her designee and
19    setting forth, in substance, the following:
20             (1)  The Agency has conducted  an  investigation  of
21        the  circumstances of the termination of the petitioner's
22        parental rights as authorized under the  Parental  Rights
23        Termination Investigation Agency Act.
24             (2)  The   Agency   has  determined  that  there  is
25        reasonable cause to believe  that  (i)  the  petitioner's
26        parental  rights  were terminated for a reason or reasons
27        due  in  substantial  part  to  the  person's   financial
28        difficulties, (ii) those financial difficulties no longer
29        exist,  and  (iii) the court that terminated the person's
30        parental rights made  no  finding  that  the  person  had
31        abused  the  child  or  children with respect to whom the
32        parental rights were terminated.
33        The Director's statement must also include a  summary  of
 
                            -14-     LRB093 11865 DRJ 16081 b
 1    the Agency's findings with respect to the investigation.
 2        (b)  A  petition  filed under this Section shall name the
 3    guardian of the person of the minor as respondent.
 4        (c)  The State  shall  pay  the  petitioner's  reasonable
 5    attorney's  fees incurred in maintaining an action under this
 6    Section.
 7        (d)  The court shall conduct a hearing on  the  petition,
 8    at  which  the petitioner and the respondent may present oral
 9    or written evidence, or both, on the question of whether  the
10    petitioner's   parental  rights  should  be  restored.  After
11    hearing the evidence, the  court  shall  grant  or  deny  the
12    petition  or  take other action, based on the evidence, as it
13    deems appropriate.

14        (705 ILCS 405/3-30.5 new)
15        Sec. 3-30.5.  Restoration of parental rights.
16        (a)  A person whose parental rights  with  respect  to  a
17    minor  have been terminated by a court under Section 3-30 may
18    file with the court  a  petition  for  restoration  of  those
19    parental  rights.  The  parents  of  a minor may file a joint
20    petition. The  petitioner  must  attach  to  the  petition  a
21    statement  signed  by  the  Director  of  the Parental Rights
22    Termination Investigation Agency or his or her  designee  and
23    setting forth, in substance, the following:
24             (1)  The  Agency  has  conducted an investigation of
25        the circumstances of the termination of the  petitioner's
26        parental  rights  as authorized under the Parental Rights
27        Termination Investigation Agency Act.
28             (2)  The  Agency  has  determined  that   there   is
29        reasonable  cause  to  believe  that (i) the petitioner's
30        parental rights were terminated for a reason  or  reasons
31        due   in  substantial  part  to  the  person's  financial
32        difficulties, (ii) those financial difficulties no longer
33        exist, and (iii) the court that terminated  the  person's
 
                            -15-     LRB093 11865 DRJ 16081 b
 1        parental  rights  made  no  finding  that  the person had
 2        abused the child or children with  respect  to  whom  the
 3        parental rights were terminated.
 4        The  Director's  statement must also include a summary of
 5    the Agency's findings with respect to the investigation.
 6        (b)  A petition filed under this Section shall  name  the
 7    guardian of the person of the minor as respondent.
 8        (c)  The  State  shall  pay  the  petitioner's reasonable
 9    attorney's fees incurred in maintaining an action under  this
10    Section.
11        (d)  The  court  shall conduct a hearing on the petition,
12    at which the petitioner and the respondent may  present  oral
13    or  written evidence, or both, on the question of whether the
14    petitioner's  parental  rights  should  be  restored.   After
15    hearing  the  evidence,  the  court  shall  grant or deny the
16    petition or take other action, based on the evidence,  as  it
17    deems appropriate.

18        (705 ILCS 405/4-27.5 new)
19        Sec. 4-27.5.  Restoration of parental rights.
20        (a)  A  person  whose  parental  rights with respect to a
21    minor have been terminated by a court under Section 4-27  may
22    file  with  the  court  a  petition  for restoration of those
23    parental rights. The parents of a  minor  may  file  a  joint
24    petition.  The  petitioner  must  attach  to  the  petition a
25    statement signed by  the  Director  of  the  Parental  Rights
26    Termination  Investigation  Agency or his or her designee and
27    setting forth, in substance, the following:
28             (1)  The Agency has conducted  an  investigation  of
29        the  circumstances of the termination of the petitioner's
30        parental rights as authorized under the  Parental  Rights
31        Termination Investigation Agency Act.
32             (2)  The   Agency   has  determined  that  there  is
33        reasonable cause to believe  that  (i)  the  petitioner's
 
                            -16-     LRB093 11865 DRJ 16081 b
 1        parental  rights  were  terminated by the for a reason or
 2        reasons due in substantial part to the person's financial
 3        difficulties, (ii) those financial difficulties no longer
 4        exist, and (iii) the court that terminated  the  person's
 5        parental  rights  made  no  finding  that  the person had
 6        abused the child or children with  respect  to  whom  the
 7        parental rights were terminated.
 8        The  Director's  statement must also include a summary of
 9    the Agency's findings with respect to the investigation.
10        (b)  A petition filed under this Section shall  name  the
11    guardian of the person of the minor as respondent.
12        (c)  The  State  shall  pay  the  petitioner's reasonable
13    attorney's fees incurred in maintaining an action under  this
14    Section.
15        (d)  The  court  shall conduct a hearing on the petition,
16    at which the petitioner and the respondent may  present  oral
17    or  written evidence, or both, on the question of whether the
18    petitioner's  parental  rights  should  be  restored.   After
19    hearing  the  evidence,  the  court  shall  grant or deny the
20    petition or take other action, based on the evidence,  as  it
21    deems appropriate.