093_HB3815

 
                                     LRB093 11864 DRJ 16080 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  his or her parental
 
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 1        rights were terminated as a result of negligence  by  the
 2        Department   of   Children   and   Family   Services   in
 3        investigating  or prosecuting the case for termination of
 4        the person's parental  rights,  in  that  the  Department
 5        ignored,  or failed to properly investigate, or failed to
 6        bring  to  the  court's  attention,  evidence  mitigating
 7        against termination of those rights.
 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 Department of Children and Family Services
21    was negligent in investigating or prosecuting  the  case  for
22    termination  of  the  person's  parental  rights,  in that it
23    ignored, or failed to  properly  investigate,  or  failed  to
24    bring  to  the court's attention, evidence mitigating against
25    termination of the person's parental rights.  If  the  Agency
26    determines that there is such reasonable cause, then upon the
27    person's  request,  the Director shall prepare a statement to
28    be attached to a petition for restoration of parental  rights
29    as  provided  in  Section  2-29.5,  3-30.5,  or 4-27.5 of the
30    Juvenile Court Act of 1987.

31        Section    20.  Agency's    access    to     information;
32    confidentiality.
33        (a)  For   the   purpose   of  conducting  investigations
 
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 1    authorized under this Act, the Agency is entitled  to  access
 2    to  the  records  described  in  Section 11 of the Abused and
 3    Neglected Child Reporting  Act  and  to  the  juvenile  court
 4    records relating to a minor who is or has been the subject of
 5    a proceeding under the Juvenile Court Act of 1987.
 6        (b)  All  records generated from investigations conducted
 7    by the Agency under this Act are confidential and may not  be
 8    disclosed  except  to a court in connection with a proceeding
 9    for the restoration of parental rights under Section  2-29.5,
10    3-30.5, or 4-27.5 of the Juvenile Court Act of 1987.

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

13        (325 ILCS 5/11.1) (from Ch. 23, par. 2061.1)
14        Sec. 11.1.  Access to records.
15        (a)  A  person shall have access to the records described
16    in Section  11  only  in  furtherance  of  purposes  directly
17    connected   with  the  administration  of  this  Act  or  the
18    Intergovernmental Missing Child Recovery Act of 1984.   Those
19    persons and purposes for access include:
20             (1)  Department  staff  in  the furtherance of their
21        responsibilities under this Act, or for  the  purpose  of
22        completing   background   investigations  on  persons  or
23        agencies licensed by the  Department  or  with  whom  the
24        Department  contracts  for the provision of child welfare
25        services.
26             (2)  A law enforcement agency investigating known or
27        suspected child abuse  or  neglect,  known  or  suspected
28        involvement  with  child  pornography, known or suspected
29        criminal sexual  assault,  known  or  suspected  criminal
30        sexual abuse, or any other sexual offense when a child is
31        alleged to be involved.
32             (3)  The    Department    of   State   Police   when
 
                            -4-      LRB093 11864 DRJ 16080 b
 1        administering the  provisions  of  the  Intergovernmental
 2        Missing Child Recovery Act of 1984.
 3             (4)  A  physician who has before him a child whom he
 4        reasonably suspects may be abused or neglected.
 5             (5)  A person authorized under Section 5 of this Act
 6        to place a child in  temporary  protective  custody  when
 7        such  person  requires  the  information in the report or
 8        record  to  determine  whether  to  place  the  child  in
 9        temporary protective custody.
10             (6)  A person having  the  legal  responsibility  or
11        authorization to care for, treat, or supervise a child or
12        a  parent,  guardian, or other person responsible for the
13        child's welfare who is the subject of a report.
14             (7)  Except in  regard  to  harmful  or  detrimental
15        information  as  provided in Section 7.19, any subject of
16        the report, and if the subject of the report is a  minor,
17        his guardian or guardian ad litem.
18             (8)  A  court,  upon its finding that access to such
19        records may be necessary  for  the  determination  of  an
20        issue  before  such  court; however, such access shall be
21        limited  to  in  camera  inspection,  unless  the   court
22        determines  that  public  disclosure  of  the information
23        contained therein is necessary for the resolution  of  an
24        issue then pending before it.
25             (8.1)  A   probation  officer  or  other  authorized
26        representative  of  a   probation   or   court   services
27        department conducting an investigation ordered by a court
28        under the Juvenile Court Act of l987.
29             (9)  A  grand  jury,  upon  its  determination  that
30        access to such records is necessary in the conduct of its
31        official business.
32             (10)  Any  person  authorized  by  the  Director, in
33        writing, for audit or bona fide research purposes.
34             (11)  Law enforcement agencies, coroners or  medical
 
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 1        examiners, physicians, courts, school superintendents and
 2        child   welfare   agencies   in   other  states  who  are
 3        responsible for child abuse or neglect investigations  or
 4        background investigations.
 5             (12)  The Department of Professional Regulation, the
 6        State  Board  of  Education and school superintendents in
 7        Illinois, who may use or disclose  information  from  the
 8        records  as they deem necessary to conduct investigations
 9        or take disciplinary action, as provided by law.
10             (13)  A coroner or medical examiner who  has  reason
11        to  believe  that a child has died as the result of abuse
12        or neglect.
13             (14)  The Director of a State-operated facility when
14        an employee of that facility is  the  perpetrator  in  an
15        indicated report.
16             (15)  The operator of a licensed child care facility
17        or  a  facility  licensed  by  the  Department  of  Human
18        Services  (as  successor  to the Department of Alcoholism
19        and Substance Abuse) in  which  children  reside  when  a
20        current  or  prospective employee of that facility is the
21        perpetrator  in  an  indicated  child  abuse  or  neglect
22        report, pursuant to Section 4.3 of the Child Care Act  of
23        1969.
24             (16)  Members  of  a  multidisciplinary  team in the
25        furtherance of its responsibilities under subsection  (b)
26        of  Section  7.1.  All reports concerning child abuse and
27        neglect   made   available    to    members    of    such
28        multidisciplinary  teams  and  all records generated as a
29        result of such reports shall be  confidential  and  shall
30        not  be  disclosed,  except as specifically authorized by
31        this Act or other  applicable  law.   It  is  a  Class  A
32        misdemeanor   to   permit,   assist   or   encourage  the
33        unauthorized release of any information contained in such
34        reports or records.  Nothing contained  in  this  Section
 
                            -6-      LRB093 11864 DRJ 16080 b
 1        prevents  the  sharing  of reports or records relating or
 2        pertaining to the death of a minor under the care  of  or
 3        receiving  services  from  the Department of Children and
 4        Family  Services  and  under  the  jurisdiction  of   the
 5        juvenile  court  with  the  juvenile  court,  the State's
 6        Attorney, and the minor's attorney.
 7             (17)  The Department of Human Services, as  provided
 8        in Section 17 of the Disabled Persons Rehabilitation Act.
 9             (18)  Any   other   agency  or  investigative  body,
10        including the Department of Public  Health  and  a  local
11        board  of  health,  authorized by State law to conduct an
12        investigation  into  the  quality  of  care  provided  to
13        children in hospitals  and  other  State  regulated  care
14        facilities.   The  access   to and release of information
15        from such records shall be subject to the approval of the
16        Director of the Department or his designee.
17             (19)  The person appointed, under  Section  2-17  of
18        the  Juvenile Court Act of 1987, as the guardian ad litem
19        of a minor who is the subject  of  a  report  or  records
20        under this Act.
21             (20)  The  Parental Rights Termination Investigation
22        Agency, established under the Parental Rights Termination
23        Investigation Agency Act, for the purpose  of  conducting
24        investigations authorized under that Act.
25        (b)  Nothing  contained  in this Act prevents the sharing
26    or  disclosure  of  information  or   records   relating   or
27    pertaining  to  juveniles  subject  to  the provisions of the
28    Serious Habitual Offender Comprehensive Action  Program  when
29    that   information   is   used   to   assist   in  the  early
30    identification and treatment of habitual juvenile offenders.
31        (c)  To the extent that persons  or  agencies  are  given
32    access to information pursuant to this Section, those persons
33    or  agencies  may  give  this information to and receive this
34    information  from  each  other  in  order  to  facilitate  an
 
                            -7-      LRB093 11864 DRJ 16080 b
 1    investigation conducted by those persons or agencies.
 2    (Source: P.A. 90-15, eff. 6-13-97; 91-357, eff. 7-29-99.)

 3        Section 95.  The Juvenile Court Act of 1987 is amended by
 4    changing Section 1-8 and adding Sections 2-29.5, 3-30.5,  and
 5    4-27.5 as follows:

 6        (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
 7        Sec.  1-8.  Confidentiality and accessibility of juvenile
 8    court records.
 9        (A)  Inspection and copying  of  juvenile  court  records
10    relating  to a minor who is the subject of a proceeding under
11    this Act shall be restricted to the following:
12             (1)  The minor who is the  subject  of  record,  his
13        parents, guardian and counsel.
14             (2)  Law  enforcement  officers  and law enforcement
15        agencies when such information is essential to  executing
16        an  arrest or search warrant or other compulsory process,
17        or to conducting an ongoing investigation or relating  to
18        a minor who has been adjudicated delinquent and there has
19        been  a  previous  finding that the act which constitutes
20        the previous offense  was  committed  in  furtherance  of
21        criminal activities by a criminal street gang.
22             Before  July  1,  1994,  for  the  purposes  of this
23        Section,  "criminal  street  gang"  means   any   ongoing
24        organization, association, or group of 3 or more persons,
25        whether  formal or informal, having as one of its primary
26        activities the commission of one or  more  criminal  acts
27        and  that  has  a common name or common identifying sign,
28        symbol or specific color  apparel  displayed,  and  whose
29        members  individually  or  collectively engage in or have
30        engaged in a pattern of criminal activity.
31             Beginning  July  1,  1994,  for  purposes  of   this
32        Section,  "criminal street gang" has the meaning ascribed
 
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 1        to it in Section 10 of the Illinois Streetgang  Terrorism
 2        Omnibus Prevention Act.
 3             (3)  Judges,    hearing    officers,    prosecutors,
 4        probation  officers,  social workers or other individuals
 5        assigned by the court to conduct  a  pre-adjudication  or
 6        predisposition investigation, and individuals responsible
 7        for  supervising or providing temporary or permanent care
 8        and custody for minors  pursuant  to  the  order  of  the
 9        juvenile   court   when  essential  to  performing  their
10        responsibilities.
11             (4)  Judges, prosecutors and probation officers:
12                  (a)  in the course of a trial when  institution
13             of   criminal  proceedings  has  been  permitted  or
14             required under Section 5-805; or
15                  (b)  when  criminal   proceedings   have   been
16             permitted  or  required  under  Section  5-805 and a
17             minor is the subject of a  proceeding  to  determine
18             the amount of bail; or
19                  (c)  when   criminal   proceedings   have  been
20             permitted or required  under  Section  5-805  and  a
21             minor  is  the subject of a pre-trial investigation,
22             pre-sentence investigation or  fitness  hearing,  or
23             proceedings on an application for probation; or
24                  (d)  when  a  minor  becomes 17 years of age or
25             older, and is the subject of  criminal  proceedings,
26             including a hearing to determine the amount of bail,
27             a    pre-trial    investigation,    a   pre-sentence
28             investigation, a fitness hearing, or proceedings  on
29             an application for probation.
30             (5)  Adult and Juvenile Prisoner Review Boards.
31             (6)  Authorized military personnel.
32             (7)  Victims,     their    subrogees    and    legal
33        representatives; however, such persons shall have  access
34        only to the name and address of the minor and information
 
                            -9-      LRB093 11864 DRJ 16080 b
 1        pertaining  to  the disposition or alternative adjustment
 2        plan of the juvenile court.
 3             (8)  Persons engaged in bona fide research, with the
 4        permission of the presiding judge of the  juvenile  court
 5        and  the  chief executive of the agency that prepared the
 6        particular records; provided  that  publication  of  such
 7        research  results  in no disclosure of a minor's identity
 8        and protects the confidentiality of the record.
 9             (9)  The Secretary of State to whom the Clerk of the
10        Court shall report  the  disposition  of  all  cases,  as
11        required  in  Section 6-204 of the Illinois Vehicle Code.
12        However, information reported relative to these  offenses
13        shall  be  privileged and available only to the Secretary
14        of State, courts, and police officers.
15             (10)  The  administrator  of  a  bonafide  substance
16        abuse student assistance program with the  permission  of
17        the presiding judge of the juvenile court.
18             (11)  Mental  health  professionals on behalf of the
19        Illinois Department of Corrections or the  Department  of
20        Human   Services   or  prosecutors  who  are  evaluating,
21        prosecuting,  or  investigating  a  potential  or  actual
22        petition brought under the  Sexually  Persons  Commitment
23        Act  relating  to a person who is the subject of juvenile
24        court records or the respondent  to  a  petition  brought
25        under the Sexually Violent Persons Commitment Act, who is
26        the  subject  of  juvenile  court  records  sought.   Any
27        records  and  any information obtained from those records
28        under this paragraph (11) may be used  only  in  sexually
29        violent persons commitment proceedings.
30             (12)  The  Parental Rights Termination Investigation
31        Agency, established under the Parental Rights Termination
32        Investigation Agency Act, for the purpose  of  conducting
33        investigations authorized under that Act.
34        (B)  A  minor  who is the victim in a juvenile proceeding
 
                            -10-     LRB093 11864 DRJ 16080 b
 1    shall  be  provided  the   same   confidentiality   regarding
 2    disclosure  of  identity  as  the minor who is the subject of
 3    record.
 4        (C)  Except as otherwise provided in this subsection (C),
 5    juvenile court records shall not be  made  available  to  the
 6    general  public  but  may  be inspected by representatives of
 7    agencies, associations  and  news  media  or  other  properly
 8    interested  persons by general or special order of the court.
 9    The State's Attorney, the minor, his  parents,  guardian  and
10    counsel  shall  at  all times have the right to examine court
11    files and records.
12             (1)  The court shall allow  the  general  public  to
13        have  access to the name, address, and offense of a minor
14        who is adjudicated a  delinquent  minor  under  this  Act
15        under either of the following circumstances:
16                  (A)  The  adjudication of delinquency was based
17             upon the minor's commission of first degree  murder,
18             attempt  to  commit  first degree murder, aggravated
19             criminal sexual assault, or criminal sexual assault;
20             or
21                  (B)  The court has  made  a  finding  that  the
22             minor  was  at least 13 years of age at the time the
23             act  was   committed   and   the   adjudication   of
24             delinquency  was  based  upon the minor's commission
25             of: (i) an act in furtherance of the commission of a
26             felony as a member of or on  behalf  of  a  criminal
27             street  gang,  (ii)  an  act  involving the use of a
28             firearm in the commission of a felony, (iii) an  act
29             that  would be a Class X felony offense under or the
30             minor's second or  subsequent  Class  2  or  greater
31             felony  offense  under  the  Cannabis Control Act if
32             committed by an adult, (iv) an act that would  be  a
33             second  or  subsequent  offense under Section 402 of
34             the Illinois Controlled Substances Act if  committed
 
                            -11-     LRB093 11864 DRJ 16080 b
 1             by  an adult, or (v) an act that would be an offense
 2             under  Section  401  of  the   Illinois   Controlled
 3             Substances Act if committed by an adult.
 4             (2)  The  court  shall  allow  the general public to
 5        have access to the name, address, and offense of a  minor
 6        who  is  at least 13 years of age at the time the offense
 7        is  committed  and  who   is   convicted,   in   criminal
 8        proceedings  permitted  or  required  under  Section 5-4,
 9        under either of the following circumstances:
10                  (A)  The minor  has  been  convicted  of  first
11             degree   murder,  attempt  to  commit  first  degree
12             murder,  aggravated  criminal  sexual  assault,   or
13             criminal sexual assault,
14                  (B)  The  court  has  made  a  finding that the
15             minor was at least 13 years of age at the  time  the
16             offense  was  committed and the conviction was based
17             upon the minor's commission of: (i)  an  offense  in
18             furtherance  of  the  commission  of  a  felony as a
19             member of or on behalf of a  criminal  street  gang,
20             (ii)  an  offense  involving the use of a firearm in
21             the commission of a felony, (iii) a Class  X  felony
22             offense  under  or a second or subsequent Class 2 or
23             greater felony offense under  the  Cannabis  Control
24             Act,  (iv)  a  second  or  subsequent  offense under
25             Section 402 of the  Illinois  Controlled  Substances
26             Act,  or  (v)  an  offense  under Section 401 of the
27             Illinois Controlled Substances Act.
28        (D)  Pending or following any adjudication of delinquency
29    for any offense defined in Sections 12-13  through  12-16  of
30    the  Criminal  Code  of  1961, the victim of any such offense
31    shall receive the rights set out in Sections 4 and 6  of  the
32    Bill  of  Rights  for  Victims and Witnesses of Violent Crime
33    Act; and the juvenile who is the subject of the adjudication,
34    notwithstanding any other provision of  this  Act,  shall  be
 
                            -12-     LRB093 11864 DRJ 16080 b
 1    treated  as an adult for the purpose of affording such rights
 2    to the victim.
 3        (E)  Nothing in this Section shall affect the right of  a
 4    Civil  Service  Commission  or  appointing  authority  of any
 5    state, county or municipality  examining  the  character  and
 6    fitness of an applicant for employment with a law enforcement
 7    agency,  correctional  institution,  or  fire  department  to
 8    ascertain whether that applicant was ever adjudicated to be a
 9    delinquent  minor  and,  if  so,  to  examine  the records of
10    disposition or evidence which were made in proceedings  under
11    this Act.
12        (F)  Following  any  adjudication  of  delinquency  for a
13    crime which would be a felony if committed by  an  adult,  or
14    following  any adjudication of delinquency for a violation of
15    Section 24-1, 24-3, 24-3.1, or 24-5 of the Criminal  Code  of
16    1961,  the State's Attorney shall ascertain whether the minor
17    respondent is enrolled in school and, if so, shall provide  a
18    copy  of  the  dispositional  order to the principal or chief
19    administrative  officer  of  the  school.   Access  to   such
20    juvenile  records  shall be limited to the principal or chief
21    administrative  officer  of  the  school  and  any   guidance
22    counselor designated by him.
23        (G)  Nothing  contained  in this Act prevents the sharing
24    or  disclosure  of  information  or   records   relating   or
25    pertaining  to  juveniles  subject  to  the provisions of the
26    Serious Habitual Offender Comprehensive Action  Program  when
27    that   information   is   used   to   assist   in  the  early
28    identification and treatment of habitual juvenile offenders.
29        (H)  When a Court hearing a proceeding under  Article  II
30    of  this  Act  becomes aware that an earlier proceeding under
31    Article II had been heard in a different county,  that  Court
32    shall request, and the Court in which the earlier proceedings
33    were  initiated  shall transmit, an authenticated copy of the
34    Court record, including all documents, petitions, and  orders
 
                            -13-     LRB093 11864 DRJ 16080 b
 1    filed   therein   and   the   minute  orders,  transcript  of
 2    proceedings, and docket entries of the Court.
 3        (I)  The Clerk of the Circuit Court shall report  to  the
 4    Department  of  State Police, in the form and manner required
 5    by the Department of State Police, the final  disposition  of
 6    each minor who has been arrested or taken into custody before
 7    his  or  her  17th birthday for those offenses required to be
 8    reported under Section 5 of the Criminal Identification  Act.
 9    Information reported to the Department under this Section may
10    be  maintained  with  records that the Department files under
11    Section 2.1 of the Criminal Identification Act.
12    (Source: P.A. 91-357,  eff.  7-29-99;  91-368,  eff.  1-1-00,
13    92-415, eff. 8-17-01.)

14        (705 ILCS 405/2-29.5 new)
15        Sec. 2-29.5.  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 2-29  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   the   petitioner's
30        parental rights were terminated as a result of negligence
31        by  the  Department  of  Children  and Family Services in
32        investigating or prosecuting the case for termination  of
33        the  petitioner's parental rights, in that the Department
 
                            -14-     LRB093 11864 DRJ 16080 b
 1        ignored, or failed to properly investigate, or failed  to
 2        bring  to  the  court's  attention,  evidence  mitigating
 3        against termination of the petitioner's parental rights.
 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 405/3-30.5 new)
19        Sec. 3-30.5.  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 3-30  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   the   petitioner's
 
                            -15-     LRB093 11864 DRJ 16080 b
 1        parental rights were terminated as a result of negligence
 2        by  the  Department  of  Children  and Family Services in
 3        investigating or prosecuting the case for termination  of
 4        the  petitioner's parental rights, in that the Department
 5        ignored, or failed to properly investigate, or failed  to
 6        bring  to  the  court's  attention,  evidence  mitigating
 7        against termination of the petitioner's parental rights.
 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.

22        (705 ILCS 405/4-27.5 new)
23        Sec. 4-27.5.  Restoration of parental rights.
24        (a)  A  person  whose  parental  rights with respect to a
25    minor have been terminated by a court under Section 4-27  may
26    file  with  the  court  a  petition  for restoration of those
27    parental rights. The parents of a  minor  may  file  a  joint
28    petition.  The  petitioner  must  attach  to  the  petition a
29    statement signed by  the  Director  of  the  Parental  Rights
30    Termination  Investigation  Agency or his or her designee and
31    setting forth, in substance, the following:
32             (1)  The Agency has conducted  an  investigation  of
33        the  circumstances of the termination of the petitioner's
 
                            -16-     LRB093 11864 DRJ 16080 b
 1        parental rights as authorized under the  Parental  Rights
 2        Termination Investigation Agency Act.
 3             (2)  The   Agency   has  determined  that  there  is
 4        reasonable  cause  to  believe  that   the   petitioner's
 5        parental rights were terminated as a result of negligence
 6        by  the  Department  of  Children  and Family Services in
 7        investigating or prosecuting the case for termination  of
 8        the  petitioner's parental rights, in that the Department
 9        ignored, or failed to properly investigate, or failed  to
10        bring  to  the  court's  attention,  evidence  mitigating
11        against termination of the petitioner's parental rights.
12        The  Director's  statement must also include a summary of
13    the Agency's findings with respect to the investigation.
14        (b)  A petition filed under this Section shall  name  the
15    guardian of the person of the minor as respondent.
16        (c)  The  State  shall  pay  the  petitioner's reasonable
17    attorney's fees incurred in maintaining an action under  this
18    Section.
19        (d)  The  court  shall conduct a hearing on the petition,
20    at which the petitioner and the respondent may  present  oral
21    or  written evidence, or both, on the question of whether the
22    petitioner's  parental  rights  should  be  restored.   After
23    hearing  the  evidence,  the  court  shall  grant or deny the
24    petition or take other action, based on the evidence,  as  it
25    deems appropriate.