093_SB2088

                                     LRB093 11959 RLC 16459 b

 1        AN ACT in relation to minors.

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

 4        Section  5.   The  Children  and  Family  Services Act is
 5    amended by changing Section 7.7 as follows:

 6        (20 ILCS 505/7.7)
 7        Sec. 7.7.  Limit on multiple placements.
 8        (a)  If the Department has placed a child  in  substitute
 9    care pursuant to a court order, the Department may not change
10    the  child's  placement  unless  the  Department specifically
11    documents that the current placement is unsafe or  unsuitable
12    or that another placement is in the child's best interests or
13    unless  the  new  placement  is  in an adoptive home or other
14    permanent placement.
15        (b)  The  Department   shall   document   the   following
16    information about the next placement:
17             (1) the reasons why this placement was selected;
18             (2) what alternatives were considered;
19             (3)  whether  the  new  foster  parent  or  relative
20        caretaker  considers  the  placement  to  be permanent or
21        temporary; if temporary,  the  reasons  why  a  temporary
22        placement  was selected for the child and the duration of
23        the placement or events which would trigger a termination
24        of the placement, or both; if permanent, an indication of
25        whether the caseworker has discussed permanency with this
26        foster parent or caretaker for  the  specific  child  and
27        what  indications,  if  any,  the  proposed  caretaker or
28        foster parent has given with respect to a willingness  to
29        adopt a child or assume the responsibilities as guardian;
30             (4) a description of the supports to be given to the
31        foster parent or relative caretaker;
 
                            -2-      LRB093 11959 RLC 16459 b
 1             (5)  if  the  placement  disruption  results  in the
 2        separation of siblings, a  description  of  the  attempts
 3        made to find a joint sibling placement, or an explanation
 4        as to why a joint placement would be inappropriate, and a
 5        description  of  how  the  sibling  relationship  will be
 6        maintained;
 7             (6) a complete description of  all  of  the  child's
 8        special needs;
 9             (7)  a description of the background or training, or
10        both, of the foster parent  or  relative  caretaker  that
11        indicates that she or he can meet the child's needs; and
12             (8)  any extraordinary financial support or services
13        (including,   but    not    limited    to,    counseling,
14        psychotherapy, or tutoring) which will be provided to the
15        child in the next placement.
16        (c)  If the child is moved from an institution, group, or
17    residential  facility  to  a  licensed  foster  home  or  the
18    approved  home  of a relative, the Department's documentation
19    shall contain, at a minimum,  the  information  described  in
20    subsection (b) of this Section, as well as a full explanation
21    of the reasons for moving the child to a less therapeutically
22    intensive placement.
23        (d) Each year the Department shall submit a report to the
24    General Assembly that documents:
25             (1)  the  number  of  children in Department custody
26        who have been placed in 5 or more placements since  their
27        latest  removal from home; for purposes of this report, a
28        placement is any placement that is of more than 24  hours
29        duration,  except  for respite care placements, runaways,
30        hospitalization, or detention settings;
31             (2)  the specific children who have been moved  more
32        than  5  times  shall  be identified by age and length of
33        time in the  Department's  custody  or  guardianship,  or
34        both; and
 
                            -3-      LRB093 11959 RLC 16459 b
 1             (3)  an  explanation  of the Department's efforts to
 2        reduce multiple placements among its wards.
 3        (e)  (1)  For  purposes  of  this  subsection,  "multiple
 4    placements" means placements in 3 or  more  foster  homes  or
 5    approved  homes of relatives or any combination thereof since
 6    the child's latest removal from home. For  purposes  of  this
 7    subsection,  "Intensive  Administrative  Case Review" means a
 8    review  conducted  by  a  panel  consisting  of  a   licensed
 9    psychologist or psychiatrist, a licensed social worker, and a
10    placement resource specialist.
11        (2)  Within  30  days  after  a minor who has experienced
12    multiple placements is again moved to another foster home  or
13    the  home  of  a  relative,  the  Department shall conduct an
14    Intensive Administrative Case Review. The panel shall review:
15    (A) the child's history; (B) the child's  placement,  mental,
16    emotional,   physical,   and   educational   needs;  (C)  the
17    appropriateness of the child's  current  placement;  (D)  the
18    suitability  of  the  services provided to the child; and (E)
19    the adequacy of the support provided to  the  current  foster
20    parents or relative caretakers.
21        (3) If the panel concludes that the services to the child
22    and the foster parent or relative caregiver are inappropriate
23    or  inadequate, the panel shall recommend those services that
24    should be provided, who  should  provide  the  services,  the
25    frequency  of the services, and the commencement dates of the
26    services.
27        (4) The panel shall evaluate whether the child's  current
28    placement  is  able  to  meet the child's needs. If the panel
29    finds that the placement is  inconsistent  with  the  child's
30    best  interests,  it shall identify the characteristics of an
31    appropriate placement and recommend that the child be removed
32    and provided a placement that has these qualities.
33        (5) The panel shall evaluate whether the assigned private
34    agency can meet the child's needs, taking  into  account  the
 
                            -4-      LRB093 11959 RLC 16459 b
 1    agency's placement resources. If the panel concludes that the
 2    assigned agency is inappropriate, it shall recommend that the
 3    child's care be reassigned.
 4        (6)  The panel shall establish a specific plan, including
 5    time frames, for locating an appropriate  placement  and  for
 6    transitioning  the  child  to  the placement. The panel shall
 7    record its evaluations   and  recommendations  in  a  written
 8    report  which shall be filed with the court and served on the
 9    parties, no later than 60 days after the change in  placement
10    described  in  paragraph  (2)  of  this  subsection.  If  the
11    members  of  the panel are unable to arrive at a consensus on
12    one or more issues, separate reports shall be  filed  on  the
13    disputed  matters.  Recommendations  supported  by all of the
14    members of the panel shall be immediately  incorporated  into
15    the service plan.
16        (7)  Subsequent  Intensive  Administrative  Case  Reviews
17    shall  be held every 3 months following the initial Intensive
18    Administrative Case Review or more frequently,  if  necessary
19    in  the  panel's  determination,  and  shall  be conducted in
20    accordance with the standards  set  forth  in  this  Section,
21    until  the panel concludes that the child's current placement
22    is likely to be stable and appropriate   services  are  being
23    provided   the  child  and  the  foster  parent  or  relative
24    caregiver.
25        (8) If the child is again moved to another foster home or
26    the home of a relative,  the  Intensive  Administrative  Case
27    Review  must  be  conducted  within 30 days of that change in
28    placement in accordance with the standards set forth in  this
29    Section.
30    (Source: P.A. 89-422; 90-28, eff. 1-1-98.)

31        Section 10.  The Juvenile Court Act of 1987 is amended by
32    changing  Sections  2-10,  2-10.1,  2-17,  2-23,  and 2-28 as
33    follows:
 
                            -5-      LRB093 11959 RLC 16459 b
 1        (705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
 2        Sec. 2-10.  Temporary custody hearing.  At the appearance
 3    of the minor  before  the  court  at  the  temporary  custody
 4    hearing,  all  witnesses present shall be examined before the
 5    court  in  relation  to  any  matter   connected   with   the
 6    allegations made in the petition.
 7        (1)  If  the court finds that there is not probable cause
 8    to believe that the minor is abused, neglected  or  dependent
 9    it shall release the minor and dismiss the petition.
10        (2)  If  the  court finds that there is probable cause to
11    believe that the minor is abused, neglected or dependent, the
12    court shall state in writing the factual basis supporting its
13    finding and the minor, his or her parent, guardian, custodian
14    and other persons able to give relevant  testimony  shall  be
15    examined  before  the  court.  The Department of Children and
16    Family Services shall  give  testimony  concerning  indicated
17    reports  of  abuse  and  neglect,  of which they are aware of
18    through the central registry, involving the  minor's  parent,
19    guardian  or custodian.  After such testimony, the court may,
20    consistent with the health, safety and best interests of  the
21    minor,  enter  an order that the minor shall be released upon
22    the request of parent, guardian or custodian if  the  parent,
23    guardian  or  custodian  appears  to  take custody. Custodian
24    shall include any agency of the State which  has  been  given
25    custody  or  wardship  of the child. If it is consistent with
26    the health, safety and best interests of the minor, the court
27    may also prescribe shelter care and order that the  minor  be
28    kept  in  a  suitable  place  designated by the court or in a
29    shelter  care  facility  designated  by  the  Department   of
30    Children  and  Family  Services  or  a licensed child welfare
31    agency; however, a minor  charged  with  a  criminal  offense
32    under  the  Criminal  Code  of 1961 or adjudicated delinquent
33    shall not be placed in the custody of  or  committed  to  the
34    Department  of  Children  and  Family  Services by any court,
 
                            -6-      LRB093 11959 RLC 16459 b
 1    except a minor less than 13 years of age and committed to the
 2    Department of Children  and  Family  Services  under  Section
 3    5-710 of this Act or a minor for whom an independent basis of
 4    abuse,  neglect,  or dependency exists, which must be defined
 5    by departmental rule. In placing the minor, the Department or
 6    other agency shall, to the extent compatible with the court's
 7    order, comply with Section  7  of  the  Children  and  Family
 8    Services  Act.  In  determining  the  health, safety and best
 9    interests of the minor to prescribe shelter care,  the  court
10    must  find  that  it  is  a  matter  of  immediate and urgent
11    necessity for the safety and protection of the  minor  or  of
12    the person or property of another that the minor be placed in
13    a  shelter  care facility or that he or she is likely to flee
14    the jurisdiction of the court, and  must  further  find  that
15    reasonable  efforts  have  been made or that, consistent with
16    the health, safety  and  best  interests  of  the  minor,  no
17    efforts  reasonably  can  be made to prevent or eliminate the
18    necessity of removal of the minor from his or her  home.  The
19    court  shall  require  documentation  from  the Department of
20    Children and Family Services as  to  the  reasonable  efforts
21    that  were  made  to  prevent  or  eliminate the necessity of
22    removal of the minor from his or her home or the reasons  why
23    no  efforts  reasonably could be made to prevent or eliminate
24    the necessity of removal. When a minor is placed in the  home
25    of a relative, the Department of Children and Family Services
26    shall complete a preliminary background review of the members
27    of  the  minor's  custodian's  household  in  accordance with
28    Section 4.3 of the Child Care Act of 1969 within 90  days  of
29    that  placement.  If the minor is ordered placed in a shelter
30    care facility  of  the  Department  of  Children  and  Family
31    Services or a licensed child welfare agency, the court shall,
32    upon  request  of the appropriate Department or other agency,
33    appoint  the  Department  of  Children  and  Family  Services
34    Guardianship  Administrator  or  other   appropriate   agency
 
                            -7-      LRB093 11959 RLC 16459 b
 1    executive  temporary custodian of the minor and the court may
 2    enter such other orders related to the temporary  custody  as
 3    it  deems fit and proper, including the provision of services
 4    to  the  minor  or  his  family  to  ameliorate  the   causes
 5    contributing  to  the  finding  of  probable  cause or to the
 6    finding of the existence of immediate and  urgent  necessity.
 7    Acceptance  of  services shall not be considered an admission
 8    of any allegation in a petition made pursuant  to  this  Act,
 9    nor  may  a referral of services be considered as evidence in
10    any proceeding pursuant to this Act, except where  the  issue
11    is  whether  the  Department  has  made reasonable efforts to
12    reunite the  family.  In  making  its  findings  that  it  is
13    consistent  with the health, safety and best interests of the
14    minor to prescribe shelter care, the  court  shall  state  in
15    writing   (i)  the  factual  basis  supporting  its  findings
16    concerning  the  immediate  and  urgent  necessity  for   the
17    protection  of  the  minor  or  of  the person or property of
18    another and (ii) the factual basis  supporting  its  findings
19    that reasonable efforts were made to prevent or eliminate the
20    removal  of the minor from his or her home or that no efforts
21    reasonably could be made to prevent or eliminate the  removal
22    of  the  minor  from his or her home.  The parents, guardian,
23    custodian,  temporary  custodian  and  minor  shall  each  be
24    furnished a copy of such  written  findings.   The  temporary
25    custodian  shall  maintain  a  copy  of  the  court order and
26    written findings in the case record for the child. The  order
27    together with the court's findings of fact in support thereof
28    shall be entered of record in the court.
29        Once the court finds that it is a matter of immediate and
30    urgent  necessity  for  the  protection of the minor that the
31    minor be placed in a shelter care facility, the  minor  shall
32    not  be  returned  to the parent, custodian or guardian until
33    the court finds that such placement is  no  longer  necessary
34    for the protection of the minor.
 
                            -8-      LRB093 11959 RLC 16459 b
 1        If  the  child  is placed in the temporary custody of the
 2    Department of Children and Family Services  for  his  or  her
 3    protection,  the  court shall admonish the parents, guardian,
 4    custodian or  responsible  relative  that  the  parents  must
 5    cooperate   with   the  Department  of  Children  and  Family
 6    Services, comply with the terms of  the  service  plans,  and
 7    correct the conditions which require the child to be in care,
 8    or risk termination of their parental rights.
 9        (3)  If  prior  to  the  shelter care hearing for a minor
10    described in Sections 2-3, 2-4, 3-3 and 4-3 the moving  party
11    is  unable  to  serve  notice  on  the  party respondent, the
12    shelter care hearing may proceed ex-parte.   A  shelter  care
13    order  from  an  ex-parte  hearing shall be endorsed with the
14    date and hour of issuance and shall be filed with the clerk's
15    office and entered of record. The order shall expire after 10
16    days from the time it is issued unless before its  expiration
17    it  is  renewed,  at  a  hearing upon appearance of the party
18    respondent, or upon an affidavit of the moving  party  as  to
19    all diligent efforts to notify the party respondent by notice
20    as  herein  prescribed.   The  notice  prescribed shall be in
21    writing and shall be personally delivered to the minor or the
22    minor's attorney and to the last known address of  the  other
23    person  or persons entitled to notice.  The notice shall also
24    state the nature of the allegations, the nature of the  order
25    sought  by  the State, including whether temporary custody is
26    sought, and the consequences of failure to appear  and  shall
27    contain  a  notice  that  the parties will not be entitled to
28    further written notices or publication notices of proceedings
29    in this case, including the filing of an amended petition  or
30    a  motion to terminate parental rights, except as required by
31    Supreme Court Rule 11; and shall explain  the  right  of  the
32    parties and the procedures to vacate or modify a shelter care
33    order  as provided in this Section.  The notice for a shelter
34    care hearing shall be substantially as follows:
 
                            -9-      LRB093 11959 RLC 16459 b
 1                   NOTICE TO PARENTS AND CHILDREN
 2                       OF SHELTER CARE HEARING
 3             On  ................  at   .........,   before   the
 4        Honorable ................, (address:) .................,
 5        the  State  of  Illinois  will  present evidence (1) that
 6        (name of child or children)  .......................  are
 7        abused, neglected or dependent for the following reasons:
 8        ..............................................   and  (2)
 9        that there is "immediate and urgent necessity" to  remove
10        the child or children from the responsible relative.
11             YOUR  FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
12        PLACEMENT of the child or children in foster care until a
13        trial can be held.  A trial may not be held for up to  90
14        days.   You  will  not  be entitled to further notices of
15        proceedings in this case,  including  the  filing  of  an
16        amended  petition  or  a  motion  to  terminate  parental
17        rights.
18             At  the  shelter  care  hearing,  parents  have  the
19        following rights:
20                  1.  To  ask  the  court  to appoint a lawyer if
21             they cannot afford one.
22                  2.  To ask the court to continue the hearing to
23             allow them time to prepare.
24                  3.  To present evidence concerning:
25                       a.  Whether or not the child  or  children
26                  were abused, neglected or dependent.
27                       b.  Whether or not there is "immediate and
28                  urgent necessity" to remove the child from home
29                  (including:  their  ability  to  care  for  the
30                  child,  conditions  in  the  home,  alternative
31                  means   of  protecting  the  child  other  than
32                  removal).
33                       c.  The best interests of the child.
34                  4.  To cross examine the State's witnesses.
 
                            -10-     LRB093 11959 RLC 16459 b
 1        The Notice  for  rehearings  shall  be  substantially  as
 2    follows:
 3              NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
 4                  TO REHEARING ON TEMPORARY CUSTODY
 5             If you were not present at and did not have adequate
 6        notice  of  the  Shelter  Care Hearing at which temporary
 7        custody    of    ...............    was    awarded     to
 8        ................,  you  have  the right to request a full
 9        rehearing on whether  the  State  should  have  temporary
10        custody  of .................  To request this rehearing,
11        you must file  with  the  Clerk  of  the  Juvenile  Court
12        (address):  ........................,  in  person  or  by
13        mailing   a   statement  (affidavit)  setting  forth  the
14        following:
15                  1.  That you were not present  at  the  shelter
16             care hearing.
17                  2.  That   you  did  not  get  adequate  notice
18             (explaining how the notice was inadequate).
19                  3.  Your signature.
20                  4.  Signature must be notarized.
21             The rehearing should be scheduled within 48 hours of
22        your filing this affidavit.
23             At the rehearing, your rights are the same as at the
24        initial  shelter  care  hearing.   The  enclosed   notice
25        explains those rights.
26             At  the  Shelter  Care  Hearing,  children  have the
27        following rights:
28                  1.  To have a guardian ad litem appointed.
29                  2.  To be declared competent as a  witness  and
30             to present testimony concerning:
31                       a.  Whether  they are abused, neglected or
32                  dependent.
33                       b.  Whether there is "immediate and urgent
34                  necessity" to be removed from home.
 
                            -11-     LRB093 11959 RLC 16459 b
 1                       c.  Their best interests.
 2                  3.  To  cross  examine  witnesses   for   other
 3             parties.
 4                  4.  To obtain an explanation of any proceedings
 5             and orders of the court.
 6        (4)  If    the   parent,   guardian,   legal   custodian,
 7    responsible relative, minor age 8 or over, or counsel of  the
 8    minor did not have actual notice of or was not present at the
 9    shelter care hearing, he or she may file an affidavit setting
10    forth  these  facts,  and  the clerk shall set the matter for
11    rehearing not later than  48  hours,  excluding  Sundays  and
12    legal  holidays,  after  the  filing of the affidavit. At the
13    rehearing, the court shall proceed in the same manner as upon
14    the original hearing.
15        (5)  Only when there is reasonable cause to believe  that
16    the  minor  taken  into  custody  is  a  person  described in
17    subsection (3) of Section 5-105 may  the  minor  be  kept  or
18    detained  in  a  detention  home or county or municipal jail.
19    This Section shall in no way be construed to limit subsection
20    (6).
21        (6)  No minor under 16 years of age may be confined in  a
22    jail   or  place  ordinarily  used  for  the  confinement  of
23    prisoners in a police station.  Minors under 17 years of  age
24    must be kept separate from confined adults and may not at any
25    time  be  kept  in  the  same cell, room, or yard with adults
26    confined pursuant to the criminal law.
27        (7)  If the  minor  is  not  brought  before  a  judicial
28    officer  within  the time period as specified in Section 2-9,
29    the minor must immediately be released from custody.
30        (8)  If neither the parent, guardian or custodian appears
31    within 24 hours to take custody  of  a  minor  released  upon
32    request  pursuant to subsection (2) of this Section, then the
33    clerk of the court shall set the  matter  for  rehearing  not
34    later  than 7 days after the original order and shall issue a
 
                            -12-     LRB093 11959 RLC 16459 b
 1    summons directed to the  parent,  guardian  or  custodian  to
 2    appear.   At  the  same  time  the probation department shall
 3    prepare a report on the minor.   If  a  parent,  guardian  or
 4    custodian  does  not  appear at such rehearing, the judge may
 5    enter an order prescribing  that  the  minor  be  kept  in  a
 6    suitable  place  designated by the Department of Children and
 7    Family Services or a licensed child welfare agency.
 8        (9)  Notwithstanding any other provision of this  Section
 9    any  interested  party,  including  the  State, the temporary
10    custodian, an agency  providing  services  to  the  minor  or
11    family  under  a  service plan pursuant to Section 8.2 of the
12    Abused and Neglected Child Reporting Act, foster  parent,  or
13    any  of  their  representatives,  on  notice  to  all parties
14    entitled to notice, may file a motion that it is in the  best
15    interests  of  the  minor  to  modify  or  vacate a temporary
16    custody order on any of the following grounds:
17             (a)  It is no  longer  a  matter  of  immediate  and
18        urgent  necessity  that the minor remain in shelter care;
19        or
20             (b)  There is a material change in the circumstances
21        of the natural family from which the  minor  was  removed
22        and   the   child  can  be  cared  for  at  home  without
23        endangering the child's health or safety; or
24             (c)  A person not a  party  to  the  alleged  abuse,
25        neglect  or  dependency,  including a parent, relative or
26        legal guardian, is capable of assuming temporary  custody
27        of the minor; or
28             (d)  Services provided by the Department of Children
29        and  Family  Services  or a child welfare agency or other
30        service provider have been successful in eliminating  the
31        need for temporary custody and the child can be cared for
32        at home without endangering the child's health or safety.
33        In  ruling  on  the  motion,  the  court  shall determine
34    whether it is consistent with the  health,  safety  and  best
 
                            -13-     LRB093 11959 RLC 16459 b
 1    interests  of  the  minor  to  modify  or  vacate a temporary
 2    custody order.
 3        The clerk shall set the matter for hearing not later than
 4    14 days after such motion is filed.  In the  event  that  the
 5    court  modifies or vacates a temporary custody order but does
 6    not vacate its finding of probable cause, the court may order
 7    that appropriate services be continued or initiated in behalf
 8    of the minor and his or her family.
 9        (10)  When the court finds or has  found  that  there  is
10    probable  cause  to  believe  a  minor  is an abused minor as
11    described in subsection (2) of Section 2-3 and that there  is
12    an  immediate and urgent necessity for the abused minor to be
13    placed in shelter care, immediate and urgent necessity  shall
14    be  presumed  for  any  other  minor  residing  in  the  same
15    household as the abused minor provided:
16             (a)  Such  other minor is the subject of an abuse or
17        neglect petition pending before the court; and
18             (b)  A party to the petition is seeking shelter care
19        for such other minor.
20        Once the presumption of immediate  and  urgent  necessity
21    has  been  raised,  the  burden  of demonstrating the lack of
22    immediate and urgent necessity shall be on any party that  is
23    opposing shelter care for the other minor.
24        (11)  In reviewing a petition brought under this Section,
25    the court shall inquire whether the  Department  of  Children
26    and  Family  Services  or a child welfare agency has arranged
27    for the placement of the minor who  is  the  subject  of  the
28    petition  with  any  minor  siblings or half-siblings who are
29    placed in the custody or guardianship of  the  Department  of
30    Children  and  Family  Services. If the court determines that
31    the subject minor has not been placed with his or  her  minor
32    siblings   or   half-siblings  who  are  in  the  custody  or
33    guardianship  of  the  Department  of  Children  and   Family
34    Services, the court may direct the Department of Children and
 
                            -14-     LRB093 11959 RLC 16459 b
 1    Family  Services  to  make  reasonable efforts to arrange for
 2    such placement if the court finds that such placement  is  in
 3    the child's best interests and unless such placement would be
 4    contrary to the child's health, safety, or welfare.
 5    (Source:  P.A.  89-21,  eff.  7-1-95;  89-422;  89-582,  eff.
 6    1-1-97;  89-626, eff. 8-9-96; 90-28, eff. 1-1-98; 90-87, eff.
 7    9-1-97; 90-590, eff. 1-1-99; 90-655, eff. 7-30-98.)

 8        (705 ILCS 405/2-10.1) (from Ch. 37, par. 802-10.1)
 9        Sec. 2-10.1.  (1)  Whenever a minor is placed in  shelter
10    care  with  the Department or a licensed child welfare agency
11    in accordance with Section 2-10, the Department or agency, as
12    appropriate, shall prepare and file with the court within  45
13    days  of  placement  under  Section  2-10  a  case plan which
14    complies with  the  federal  Adoption  Assistance  and  Child
15    Welfare Act of 1980 and is consistent with the health, safety
16    and best interests of the minor.
17        (2)  The  Department  shall  file a report with the court
18    whenever a minor who has experienced multiple  placements  is
19    moved  from a foster home or the approved home of relative to
20    another foster home or the approved home of a  relative.  For
21    purposes  of  this  subsection,  "multiple  placements" means
22    placements in 3 or more foster homes or the approved homes of
23    relatives or a combination thereof since the  child's  latest
24    removal  from  home.  The  report shall include the placement
25    documentation required under Section 7.7 of the Children  and
26    Family  Services  Act  and  the  comprehensive individualized
27    assessment required under subsection (c) of Section 7 of  the
28    Children  and  Family Services Act. The report shall be filed
29    with the Court and served on the parties  no  later  than  14
30    days  after  the  change  in placement and 14 days after each
31    subsequent change in placement. The report shall not  include
32    any  information  which is confidential under Section 35.3 of
33    the Children and Family Services Act.
 
                            -15-     LRB093 11959 RLC 16459 b
 1        (3) Upon receipt of the report  described  in  subsection
 2    (2),  the  court,  on  its own motion or on the motion of any
 3    party, may, in its discretion, conduct a hearing to determine
 4    whether the current placement  is likely  to  be  stable  and
 5    whether  adequate  support  is  being provided to the current
 6    foster parent or relative caretaker. Following  the  hearing,
 7    the  court  shall  make  findings  as  to  whether or not the
 8    placement is likely to be stable  and  whether  the  supports
 9    provided  to  the current foster parent or relative caretaker
10    are adequate. If the court finds that the  placement  is  not
11    appropriate  or  that  appropriate    supports  are not being
12    provided to the caretaker or foster parent, the  court  shall
13    make  specific  factual  findings setting forth the basis for
14    the court's  findings.  The  court  shall  enter  any  orders
15    necessary to implement its findings.
16    (Source: P.A. 90-28, eff. 1-1-98.)

17        (705 ILCS 405/2-17) (from Ch. 37, par. 802-17)
18        Sec. 2-17.  Guardian ad litem.
19        (1)  Immediately  upon  the filing of a petition alleging
20    that the minor is a person described in Sections 2-3  or  2-4
21    of  this Article, the court shall appoint a guardian ad litem
22    for the minor if:
23             (a)  such petition alleges  that  the  minor  is  an
24        abused or neglected child; or
25             (b)  such petition alleges that charges alleging the
26        commission  of any of the sex offenses defined in Article
27        11 or in Sections 12-13, 12-14, 12-14.1, 12-15  or  12-16
28        of the Criminal Code of 1961, as amended, have been filed
29        against  a  defendant in any court and that such minor is
30        the alleged victim  of  the  acts  of  defendant  in  the
31        commission of such offense.
32        Unless  the  guardian ad litem appointed pursuant to this
33    paragraph (1) is an attorney at law he shall  be  represented
 
                            -16-     LRB093 11959 RLC 16459 b
 1    in the performance of his duties by counsel.  The guardian ad
 2    litem  shall  represent  the  best interests of the minor and
 3    shall present recommendations to the  court  consistent  with
 4    that duty.
 5        (2)  Before  proceeding with the hearing, the court shall
 6    appoint a guardian ad litem for the minor if
 7             (a)  no parent, guardian, custodian or  relative  of
 8        the  minor appears at the first or any subsequent hearing
 9        of the case;
10             (b)  the petition prays for  the  appointment  of  a
11        guardian with power to consent to adoption; or
12             (c)  the  petition for which the minor is before the
13        court resulted from a report made pursuant to the  Abused
14        and Neglected Child Reporting Act.
15        (3)  The  court  may  appoint a guardian ad litem for the
16    minor whenever it finds that  there  may  be  a  conflict  of
17    interest between the minor and his parents or other custodian
18    or  that  it  is otherwise in the minor's best interest to do
19    so.
20        (4)  Unless the guardian ad  litem  is  an  attorney,  he
21    shall be represented by counsel.
22        (5)  The reasonable fees of a guardian ad litem appointed
23    under this Section shall be fixed by the court and charged to
24    the parents of the minor, to the extent they are able to pay.
25    If  the  parents  are unable to pay those fees, they shall be
26    paid from the general fund of the county.
27        (6)  A guardian ad litem appointed  under  this  Section,
28    shall  receive  copies  of  any and all classified reports of
29    child abuse and neglect made under the Abused  and  Neglected
30    Child  Reporting Act in which the minor who is the subject of
31    a report under the Abused and Neglected Child Reporting  Act,
32    is also the minor for whom the guardian ad litem is appointed
33    under this Section.
34        (6.1)  No  later  than  10  days  prior  to the change in
 
                            -17-     LRB093 11959 RLC 16459 b
 1    placement, a guardian ad litem appointed under  this  Section
 2    shall  receive  notice  of the decision to change the child's
 3    placement, except when the child must be removed  immediately
 4    because  a delay would endanger the child's health or safety.
 5    When the child must be immediately removed from a  placement,
 6    notice  shall  be  provided  to the child's guardian ad litem
 7    within 2 days of the change in placement, excluding  weekends
 8    and holidays.
 9        (6.2) When the Department has determined the child's next
10    placement, the guardian ad litem appointed under this Section
11    shall  be  notified of the new placement within 2 days of the
12    decision, excluding weekends and holidays.
13        (6.3) A guardian ad litem appointed  under  this  Section
14    shall  receive a copy of the placement documentation required
15    under Section 7.7 of the Children and Family Services Act and
16    a  copy  of  the  comprehensive   individualized   assessment
17    required  under  subsection  (c) of Section 7 of the Children
18    and Family Services Act. The documentation must  be  provided
19    within 14 days after each change in placement.
20        (7)  The  appointed  guardian  ad  litem shall remain the
21    child's guardian ad  litem  throughout  the  entire  juvenile
22    trial  court  proceedings,  including permanency hearings and
23    termination of parental rights proceedings, unless there is a
24    substitution entered by order of the court.
25        (8)  The guardian ad litem or an agent of the guardian ad
26    litem shall have a minimum of one in-person contact with  the
27    minor  and one contact with one of the current foster parents
28    or caregivers prior to the adjudicatory hearing, and at least
29    one additional in-person  contact  with  the  child  and  one
30    contact  with one of the current foster parents or caregivers
31    after  the  adjudicatory  hearing  but  prior  to  the  first
32    permanency hearing and one additional in-person contact  with
33    the  child  and  one  contact  with one of the current foster
34    parents or caregivers each subsequent year.  For  good  cause
 
                            -18-     LRB093 11959 RLC 16459 b
 1    shown,  the judge may excuse face-to-face interviews required
 2    in this subsection.
 3        (9)  In counties with a population of 100,000 or more but
 4    less than 3,000,000, each guardian ad litem must successfully
 5    complete a training program approved  by  the  Department  of
 6    Children and Family Services.  The Department of Children and
 7    Family   Services   shall   provide  training  materials  and
 8    documents to guardians ad  litem  who  are  not  mandated  to
 9    attend  the training program.  The Department of Children and
10    Family Services shall develop and distribute to all guardians
11    ad litem a bibliography containing information including  but
12    not  limited  to  the  juvenile court process, termination of
13    parental rights, child development, medical aspects of  child
14    abuse, and the child's need for safety and permanence.
15    (Source:  P.A.  89-462,  eff.  5-29-96;  90-27,  eff. 1-1-98;
16    90-28, eff. 1-1-98.)

17        (705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
18        Sec. 2-23.  Kinds of dispositional orders.
19        (1)  The following kinds of orders of disposition may  be
20    made in respect of wards of the court:
21             (a)  A  minor  under  18  years  of  age found to be
22        neglected or abused under Section 2-3 or dependent  under
23        Section 2-4 may be (1) continued in the custody of his or
24        her  parents,  guardian or legal custodian; (2) placed in
25        accordance with Section 2-27; (3) restored to the custody
26        of the parent, parents,  guardian,  or  legal  custodian,
27        provided  the  court  shall  order  the  parent, parents,
28        guardian,  or  legal  custodian  to  cooperate  with  the
29        Department of Children and  Family  Services  and  comply
30        with  the terms of an after-care plan or risk the loss of
31        custody of the child  and  the  possible  termination  of
32        their  parental  rights;  or  (4)  ordered  partially  or
33        completely  emancipated in accordance with the provisions
 
                            -19-     LRB093 11959 RLC 16459 b
 1        of the Emancipation of Mature Minors Act.
 2             However, in any case in which a minor  is  found  by
 3        the  court to be neglected or abused under Section 2-3 of
 4        this Act, custody of the minor shall not be  restored  to
 5        any  parent,  guardian  or  legal custodian whose acts or
 6        omissions or  both  have  been  identified,  pursuant  to
 7        subsection  (1) of Section 2-21, as forming the basis for
 8        the court's finding of abuse or neglect, until such  time
 9        as  a  hearing is held on the issue of the best interests
10        of the minor and the fitness of such parent, guardian  or
11        legal custodian to care for the minor without endangering
12        the  minor's  health  or  safety, and the court enters an
13        order that such parent, guardian or  legal  custodian  is
14        fit to care for the minor.
15             (b)  A  minor  under  18  years  of  age found to be
16        dependent  under  Section  2-4  may  be  (1)  placed   in
17        accordance  with Section 2-27 or (2) ordered partially or
18        completely emancipated in accordance with the  provisions
19        of the Emancipation of Mature Minors Act.
20             However,  in  any  case in which a minor is found by
21        the court to be dependent under Section 2-4 of this  Act,
22        custody of the minor shall not be restored to any parent,
23        guardian  or  legal  custodian whose acts or omissions or
24        both have been identified, pursuant to subsection (1)  of
25        Section  2-21,  as  forming  the  basis  for  the court's
26        finding of dependency, until such time as  a  hearing  is
27        held on the issue of the fitness of such parent, guardian
28        or   legal  custodian  to  care  for  the  minor  without
29        endangering the minor's health or safety, and  the  court
30        enters  an  order  that  such  parent,  guardian or legal
31        custodian is fit to care for the minor.
32             (c)  When  the  court  awards  guardianship  to  the
33        Department of Children and  Family  Services,  the  court
34        shall order the parents to  cooperate with the Department
 
                            -20-     LRB093 11959 RLC 16459 b
 1        of Children and Family Services, comply with the terms of
 2        the  service  plans,  and  correct  the  conditions  that
 3        require  the  child to be in care, or risk termination of
 4        their parental rights.
 5        (2)  Any order of disposition may provide for  protective
 6    supervision  under  Section  2-24 and may include an order of
 7    protection under Section 2-25.
 8        Unless the order of disposition expressly so provides, it
 9    does  not  operate  to  close  proceedings  on  the   pending
10    petition,  but  is  subject to modification, not inconsistent
11    with Section 2-28, until final closing and discharge  of  the
12    proceedings under Section 2-31.
13        (3)  The   court   also  shall  enter  any  other  orders
14    necessary to fulfill the service  plan,  including,  but  not
15    limited  to,  (i)  orders requiring parties to cooperate with
16    services, (ii) restraining orders controlling the conduct  of
17    any  party  likely  to frustrate the achievement of the goal,
18    and (iii) visiting  orders.   Unless  otherwise  specifically
19    authorized  by  law,  the  court  is not empowered under this
20    subsection  (3)  to  order  specific   placements,   specific
21    services, or specific service providers to be included in the
22    plan, except when the court determines that the subject minor
23    has  not  been  placed  with  his  or  her  minor siblings or
24    half-siblings who are in the custody or guardianship  of  the
25    Department of Children and Family Services, in which case the
26    court  may  direct  the  Department  of  Children  and Family
27    Services to make  reasonable  efforts  to  arrange  for  such
28    placement  if  the  court finds that such placement is in the
29    child's best interests and unless  such  placement  would  be
30    contrary  to  the child's health, safety, or welfare.  If the
31    court concludes that the Department of  Children  and  Family
32    Services  has  abused  its  discretion in setting the current
33    service plan or permanency goal  for  the  minor,  the  court
34    shall  enter  specific  findings  in  writing  based  on  the
 
                            -21-     LRB093 11959 RLC 16459 b
 1    evidence  and  shall  enter  an  order  for the Department to
 2    develop and implement a new permanency goal and service  plan
 3    consistent  with  the court's findings.  The new service plan
 4    shall be filed with the court and served on all parties.  The
 5    court shall continue the matter until the new service plan is
 6    filed.
 7        (4)  In addition to any other order of  disposition,  the
 8    court  may order any minor adjudicated neglected with respect
 9    to his or her own injurious behavior to make restitution,  in
10    monetary or non-monetary form, under the terms and conditions
11    of  Section  5-5-6 of the Unified Code of Corrections, except
12    that the "presentence hearing" referred to therein  shall  be
13    the  dispositional hearing for purposes of this Section.  The
14    parent, guardian or legal custodian of the minor may pay some
15    or all of such restitution on the minor's behalf.
16        (5)  Any  order  for  disposition  where  the  minor   is
17    committed  or  placed  in  accordance with Section 2-27 shall
18    provide for the parents or guardian of  the  estate  of  such
19    minor to pay to the legal custodian or guardian of the person
20    of  the minor such sums as are determined by the custodian or
21    guardian of the person of the  minor  as  necessary  for  the
22    minor's  needs.  Such  payments  may  not  exceed the maximum
23    amounts provided for by  Section  9.1  of  the  Children  and
24    Family Services Act.
25        (6)  Whenever the order of disposition requires the minor
26    to attend school or participate in a program of training, the
27    truant  officer or designated school official shall regularly
28    report to the court if the minor is  a  chronic  or  habitual
29    truant under Section 26-2a of the School Code.
30        (7)  The  court  may  terminate  the parental rights of a
31    parent at the initial dispositional hearing  if  all  of  the
32    conditions in subsection (5) of Section 2-21 are met.
33    (Source:  P.A.  89-17,  eff.  5-31-95;  89-235,  eff. 8-4-95;
34    90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-608, eff. 6-30-98;
 
                            -22-     LRB093 11959 RLC 16459 b
 1    90-655, eff. 7-30-98.)

 2        (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
 3        Sec. 2-28. Court review.
 4        (1)  The  court  may  require  any  legal  custodian   or
 5    guardian  of  the  person  appointed under this Act to report
 6    periodically to the court or may  cite  him  into  court  and
 7    require him or his agency, to make a full and accurate report
 8    of  his  or its doings in behalf of the minor.  The custodian
 9    or guardian, within 10 days after such citation,  shall  make
10    the report, either in writing verified by affidavit or orally
11    under  oath in open court, or otherwise as the court directs.
12    Upon the hearing of the  report  the  court  may  remove  the
13    custodian  or  guardian  and  appoint another in his stead or
14    restore the minor to the custody of  his  parents  or  former
15    guardian  or  custodian.  However, custody of the minor shall
16    not be restored to any parent, guardian or legal custodian in
17    any case in which the minor  is  found  to  be  neglected  or
18    abused  under  Section  2-3 or dependent under Section 2-4 of
19    this Act, unless the minor can be cared for at  home  without
20    endangering  the  minor's  health  or safety and it is in the
21    best interests of the minor, and if such neglect,  abuse,  or
22    dependency  is  found  by  the  court  under paragraph (1) of
23    Section 2-21 of this Act to have come about due to  the  acts
24    or  omissions  or  both  of  such  parent,  guardian or legal
25    custodian, until such time as an  investigation  is  made  as
26    provided  in paragraph (5) and a hearing is held on the issue
27    of the fitness of such parent, guardian or legal custodian to
28    care for the minor and the court enters an  order  that  such
29    parent,  guardian  or  legal custodian is fit to care for the
30    minor.
31        (2)  The first permanency hearing shall be  conducted  by
32    the judge.   Subsequent permanency hearings may be heard by a
33    judge  or  by  hearing  officers appointed or approved by the
 
                            -23-     LRB093 11959 RLC 16459 b
 1    court in the manner set forth in Section 2-28.1 of this  Act.
 2    The  initial  hearing shall be held (a) within 12 months from
 3    the date temporary custody was taken,  (b)  if  the  parental
 4    rights  of  both  parents  have been terminated in accordance
 5    with the procedure described in  subsection  (5)  of  Section
 6    2-21, within 30 days of the order for termination of parental
 7    rights and appointment of a guardian with power to consent to
 8    adoption, or (c) in accordance with subsection (2) of Section
 9    2-13.1.  Subsequent permanency hearings shall be held every 6
10    months  or  more  frequently  if  necessary  in  the  court's
11    determination  following  the  initial permanency hearing, in
12    accordance with the standards  set  forth  in  this  Section,
13    until  the  court determines that the plan and goal have been
14    achieved. Once the plan and goal have been achieved,  if  the
15    minor  remains in substitute care, the case shall be reviewed
16    at least every 6 months thereafter, subject to the provisions
17    of  this  Section,  unless  the  minor  is  placed   in   the
18    guardianship  of  a suitable relative or other person and the
19    court determines that further monitoring by  the  court  does
20    not  further the health, safety or best interest of the child
21    and that this is a stable permanent placement. The permanency
22    hearings must occur within the time frames set forth in  this
23    subsection and may not be delayed in anticipation of a report
24    from any source or due to the agency's failure to timely file
25    its  written  report  (this  written  report  means  the  one
26    required  under  the  next  paragraph  and  does not mean the
27    service plan also referred to in that paragraph).
28        The public agency that is the custodian  or  guardian  of
29    the  minor,  or  another  agency  responsible for the minor's
30    care,  shall  ensure  that  all  parties  to  the  permanency
31    hearings are provided a copy of the most recent service  plan
32    prepared  within  the  prior  6  months  at  least 14 days in
33    advance of the hearing.  If not contained in  the  plan,  the
34    agency  shall  also  include  a  report setting forth (i) any
 
                            -24-     LRB093 11959 RLC 16459 b
 1    special  physical,   psychological,   educational,   medical,
 2    emotional,  or  other needs of the minor or his or her family
 3    that are relevant to a permanency or placement  determination
 4    and  (ii) for any minor age 16 or over, a written description
 5    of the programs and services that will enable  the  minor  to
 6    prepare  for independent living.  The agency's written report
 7    must detail what progress or lack of progress the parent  has
 8    made  in  correcting the conditions requiring the child to be
 9    in care; whether the  child  can  be  returned  home  without
10    jeopardizing  the child's health, safety, and welfare, and if
11    not, what permanency goal is recommended to be  in  the  best
12    interests  of  the  child, and why the other permanency goals
13    are not appropriate.  The caseworker must appear and  testify
14    at  the  permanency hearing.  If a permanency hearing has not
15    previously been scheduled by  the  court,  the  moving  party
16    shall  move  for  the setting of a permanency hearing and the
17    entry of an order within the time frames set  forth  in  this
18    subsection.
19        At  the permanency hearing, the court shall determine the
20    future status of the child.  The court shall set one  of  the
21    following permanency goals:
22             (A)  The  minor  will be returned home by a specific
23        date within 5 months.
24             (B)  The minor will be in  short-term  care  with  a
25        continued  goal  to  return  home  within a period not to
26        exceed one year, where the  progress  of  the  parent  or
27        parents is substantial giving particular consideration to
28        the age and individual needs of the minor.
29             (B-1)  The  minor  will be in short-term care with a
30        continued goal to return home pending a  status  hearing.
31        When   the  court  finds  that  a  parent  has  not  made
32        reasonable efforts or reasonable progress  to  date,  the
33        court  shall  identify  what  actions  the parent and the
34        Department must take in order to  justify  a  finding  of
 
                            -25-     LRB093 11959 RLC 16459 b
 1        reasonable efforts or reasonable progress and shall set a
 2        status  hearing to be held not earlier than 9 months from
 3        the date of adjudication nor later than  11  months  from
 4        the  date  of  adjudication  during  which  the  parent's
 5        progress will again be reviewed.
 6             (C)  The  minor  will  be in substitute care pending
 7        court determination on termination of parental rights.
 8             (D)  Adoption, provided that  parental  rights  have
 9        been terminated or relinquished.
10             (E)  The   guardianship   of   the   minor  will  be
11        transferred to an individual or  couple  on  a  permanent
12        basis provided that goals (A) through (D) have been ruled
13        out.
14             (F)  The  minor  over  age  15 will be in substitute
15        care pending independence.
16             (G)  The minor will be in substitute care because he
17        or she cannot be provided for in a home  environment  due
18        to   developmental  disabilities  or  mental  illness  or
19        because he or she is a danger to self or others, provided
20        that goals (A) through (D) have been ruled out.
21        In  selecting  any  permanency  goal,  the  court   shall
22    indicate in writing the reasons the goal was selected and why
23    the  preceding  goals  were  ruled  out.  Where the court has
24    selected a permanency goal other than (A), (B), or (B-1), the
25    Department of Children and Family Services shall not  provide
26    further  reunification  services,  but shall provide services
27    consistent with the goal selected.
28        The court shall set a permanency goal that is in the best
29    interest of  the  child.   The  court's  determination  shall
30    include the following factors:
31             (1)  Age of the child.
32             (2)  Options available for permanence.
33             (3)  Current  placement  of the child and the intent
34        of the family regarding adoption.
 
                            -26-     LRB093 11959 RLC 16459 b
 1             (4)  Emotional,  physical,  and  mental  status   or
 2        condition of the child.
 3             (5)  Types   of   services  previously  offered  and
 4        whether or not the services were successful and,  if  not
 5        successful, the reasons the services failed.
 6             (6)  Availability  of  services currently needed and
 7        whether the services exist.
 8             (7)  Status of siblings of the minor.
 9        The  court  shall  consider  (i)  the   permanency   goal
10    contained  in  the  service plan, (ii) the appropriateness of
11    the services contained in the plan and whether those services
12    have been provided, (iii)  whether  reasonable  efforts  have
13    been  made  by all the parties to the service plan to achieve
14    the goal, and (iv)  whether  the  plan  and  goal  have  been
15    achieved.    All   evidence  relevant  to  determining  these
16    questions,  including  oral  and  written  reports,  may   be
17    admitted  and  may  be  relied  on  to  the  extent  of their
18    probative value.
19        If the goal has been  achieved,  the  court  shall  enter
20    orders  that  are  necessary  to  conform  the  minor's legal
21    custody and status to those findings.
22        If, after receiving evidence, the court  determines  that
23    the  services  contained  in  the  plan  are  not  reasonably
24    calculated  to facilitate achievement of the permanency goal,
25    the court shall put in writing the factual  basis  supporting
26    the  determination  and  enter specific findings based on the
27    evidence.  The court  also  shall  enter  an  order  for  the
28    Department  to develop and implement a new service plan or to
29    implement changes to the current service plan consistent with
30    the court's findings.  The new service plan  shall  be  filed
31    with  the  court  and served on all parties within 45 days of
32    the date of the order.  The court shall continue  the  matter
33    until  the  new  service  plan  is  filed.   Unless otherwise
34    specifically authorized by law, the court  is  not  empowered
 
                            -27-     LRB093 11959 RLC 16459 b
 1    under  this  subsection  (2) or under subsection (3) to order
 2    specific placements, specific services, or  specific  service
 3    providers  to  be included in the plan, except when the court
 4    determines that the subject minor has not  been  placed  with
 5    his  or  her  minor  siblings or half-siblings who are in the
 6    custody or guardianship of the  Department  of  Children  and
 7    Family  Services,  in  which  case  the  court may direct the
 8    Department of Children and Family Services to make reasonable
 9    efforts to arrange for such placement if the court finds that
10    such placement is in the child's  best  interest  and  unless
11    such  placement  would  be  contrary  to  the child's health,
12    safety, or welfare.
13        A guardian or custodian appointed by the  court  pursuant
14    to  this  Act  shall  file  updated case plans with the court
15    every 6 months.
16        Rights  of  wards  of  the  court  under  this  Act   are
17    enforceable  against  any  public  agency  by  complaints for
18    relief by mandamus filed in  any  proceedings  brought  under
19    this Act.
20        (3)  Following  the  permanency  hearing, the court shall
21    enter  a  written  order  that  includes  the  determinations
22    required under subsection (2) of this Section and sets  forth
23    the following:
24             (a)  The  future  status of the minor, including the
25        permanency goal, and any order necessary to  conform  the
26        minor's  legal  custody and status to such determination;
27        or
28             (b)  If the permanency goal of the minor  cannot  be
29        achieved immediately, the specific reasons for continuing
30        the  minor  in the care of the Department of Children and
31        Family Services or other agency for short term placement,
32        and the following determinations:
33                  (i)  (Blank).
34                  (ii)  Whether  the  services  required  by  the
 
                            -28-     LRB093 11959 RLC 16459 b
 1             court and by any service plan  prepared  within  the
 2             prior  6  months  have  been provided and (A) if so,
 3             whether the services were reasonably  calculated  to
 4             facilitate the achievement of the permanency goal or
 5             (B)  if  not  provided,  why  the  services were not
 6             provided.
 7                  (iii)  Whether   the   minor's   placement   is
 8             necessary, and appropriate to  the  plan  and  goal,
 9             recognizing   the  right  of  minors  to  the  least
10             restrictive (most family-like) setting available and
11             in close proximity to the parents'  home  consistent
12             with  the  health, safety, best interest and special
13             needs of the minor  and,  if  the  minor  is  placed
14             out-of-State,  whether  the  out-of-State  placement
15             continues  to be appropriate and consistent with the
16             health, safety, and best interest of the minor.
17                  (iv)  (Blank).
18                  (v)  (Blank).
19        Any order entered pursuant to this subsection  (3)  shall
20    be  immediately appealable as a matter of right under Supreme
21    Court Rule 304(b)(1).
22        (4)  The minor or any person interested in the minor  may
23    apply  to  the court for a change in custody of the minor and
24    the appointment of a new custodian or guardian of the  person
25    or  for  the  restoration  of the minor to the custody of his
26    parents or former guardian or custodian.
27        When return home is not selected as the permanency goal:
28             (a)  The  Department,  the  minor,  or  the  current
29        foster  parent  or  relative  caregiver  seeking  private
30        guardianship may file a motion for  private  guardianship
31        of  the  minor.   Appointment  of  a  guardian under this
32        Section requires approval of the court.
33             (b)  The State's  Attorney  may  file  a  motion  to
34        terminate parental rights of any parent who has failed to
 
                            -29-     LRB093 11959 RLC 16459 b
 1        make  reasonable  efforts to correct the conditions which
 2        led to the removal of the child  or  reasonable  progress
 3        toward the return of the child, as defined in subdivision
 4        (D)(m)  of  Section 1 of the Adoption Act or for whom any
 5        other unfitness ground for terminating parental rights as
 6        defined in subdivision (D) of Section 1 of  the  Adoption
 7        Act exists.
 8        Custody of the minor shall not be restored to any parent,
 9    guardian or legal custodian in any case in which the minor is
10    found  to  be  neglected  or  abused  under  Section  2-3  or
11    dependent under Section 2-4 of this Act, unless the minor can
12    be cared for at home without endangering his or her health or
13    safety  and  it  is in the best interest of the minor, and if
14    such neglect, abuse, or dependency  is  found  by  the  court
15    under  paragraph (1) of Section 2-21 of this Act to have come
16    about due to the acts or omissions or both  of  such  parent,
17    guardian   or   legal   custodian,  until  such  time  as  an
18    investigation is made as provided  in  paragraph  (5)  and  a
19    hearing  is  held on the issue of the health, safety and best
20    interest of  the  minor  and  the  fitness  of  such  parent,
21    guardian  or  legal  custodian  to care for the minor and the
22    court enters an order that such  parent,  guardian  or  legal
23    custodian  is  fit  to care for the minor.  In the event that
24    the minor has attained 18 years of age and  the  guardian  or
25    custodian  petitions  the  court for an order terminating his
26    guardianship  or  custody,  guardianship  or  custody   shall
27    terminate  automatically  30  days  after  the receipt of the
28    petition  unless  the  court  orders  otherwise.   No   legal
29    custodian  or  guardian  of the person may be removed without
30    his consent until given notice and an opportunity to be heard
31    by the court.
32        When the court orders a child restored to the custody  of
33    the  parent  or  parents, the court shall order the parent or
34    parents to cooperate with  the  Department  of  Children  and
 
                            -30-     LRB093 11959 RLC 16459 b
 1    Family  Services  and  comply with the terms of an after-care
 2    plan, or risk the loss of custody of the child  and  possible
 3    termination  of  their  parental  rights.  The court may also
 4    enter an order of protective supervision in  accordance  with
 5    Section 2-24.
 6        (5)  Whenever  a  parent,  guardian,  or  legal custodian
 7    files a motion for restoration of custody of the  minor,  and
 8    the  minor was adjudicated neglected, abused, or dependent as
 9    a result of physical abuse, the court shall cause to be  made
10    an  investigation  as  to  whether  the  movant has ever been
11    charged with or convicted of any criminal offense which would
12    indicate the likelihood of any further physical abuse to  the
13    minor.   Evidence of such criminal convictions shall be taken
14    into account in determining whether the minor  can  be  cared
15    for  at  home without endangering his or her health or safety
16    and fitness of the parent, guardian, or legal custodian.
17             (a)  Any agency of this  State  or  any  subdivision
18        thereof  shall  co-operate with the agent of the court in
19        providing any information sought in the investigation.
20             (b)  The information derived from the  investigation
21        and  any  conclusions or recommendations derived from the
22        information shall be provided to the parent, guardian, or
23        legal custodian seeking restoration of custody  prior  to
24        the  hearing  on  fitness  and  the  movant shall have an
25        opportunity at the hearing to refute the  information  or
26        contest its significance.
27             (c)  All information obtained from any investigation
28        shall  be  confidential  as  provided in Section 5-150 of
29        this Act.
30    (Source: P.A. 91-357, eff. 7-29-99; 92-320, eff. 1-1-02.)