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1 | AN ACT concerning minors.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Juvenile Court Act of 1987 is amended by | ||||||
5 | changing Section 3-33 as follows:
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6 | (705 ILCS 405/3-33) (from Ch. 37, par. 803-33)
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7 | Sec. 3-33. Truant Minor in Need of Supervision.
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8 | (a) Definition. A
minor who is reported by a regional | ||||||
9 | superintendent of schools,
or in cities of over 500,000 | ||||||
10 | inhabitants, by the Office of Chronic Truant
Adjudication,
as a | ||||||
11 | chronic truant may be subject to a petition for adjudication as
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12 | shall be adjudged a
truant minor in need of supervision , | ||||||
13 | provided that prior to the filing of the petition, a | ||||||
14 | comprehensive community based youth service agency shall | ||||||
15 | certify that the minor has been referred by the regional | ||||||
16 | superintendent or Office of Chronic Truant Adjudication to that | ||||||
17 | agency for truancy intervention services, and the regional | ||||||
18 | superintendent or Office of Chronic Truant Adjudication shall | ||||||
19 | certify that truancy intervention services have not resulted in | ||||||
20 | the cessation of chronic truancy after referral for truancy | ||||||
21 | intervention services. The comprehensive community based youth | ||||||
22 | service agency shall submit reports to the regional | ||||||
23 | superintendent or the Office of Chronic Truant Adjudication | ||||||
24 | within 30, 120, and 180 days of the minor's referral, or at any | ||||||
25 | other time requested by a regional superintendent or the Office | ||||||
26 | of Chronic Truant Adjudication, which reports each shall | ||||||
27 | certify the date of the minor's referral and the extent of the | ||||||
28 | minor's progress and participation in truancy intervention | ||||||
29 | services provided by the comprehensive community based youth | ||||||
30 | service agency. In addition, if after referral by the regional | ||||||
31 | superintendent or the Office of Chronic Truant Adjudication, | ||||||
32 | the minor declines or refuses to fully participate in truancy |
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1 | intervention services provided by the comprehensive community | ||||||
2 | based youth service agency, then the agency shall immediately | ||||||
3 | certify such facts to the regional superintendent or the Office | ||||||
4 | of Chronic Truant Adjudication .
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5 | (a-1) There is a rebuttable presumption that a chronic | ||||||
6 | truant is a truant
minor in need of supervision.
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7 | (a-2) There is a rebuttable presumption that school records | ||||||
8 | of a minor's
attendance at school are authentic.
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9 | (a-3) For purposes of this Section, "chronic truant" means | ||||||
10 | a minor subject to compulsory school attendance and who is | ||||||
11 | absent without valid cause from such attendance for 10% or more | ||||||
12 | of the previous 180 regular attendance days, and has the | ||||||
13 | meaning
ascribed to it in Section 26-2a of the School Code.
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14 | (a-4) For purposes of this Section, "truancy intervention | ||||||
15 | services" means services provided by a comprehensive community | ||||||
16 | based youth service agency that are designed to assist the | ||||||
17 | minor's return to an educational program, and includes | ||||||
18 | assessments, counseling, mental health services, shelter, | ||||||
19 | tutoring, and educational advocacy.
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20 | (b) Kinds of dispositional orders. A minor adjudicated
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21 | found to be a truant minor
in need of supervision may be:
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22 | (1) committed to the appropriate
regional | ||||||
23 | superintendent of schools for a multi-disciplinary case | ||||||
24 | staffing,
individualized
educational plan or service plan, | ||||||
25 | or referral to comprehensive
community-based youth | ||||||
26 | services;
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27 | (2) required to comply with an individualized | ||||||
28 | educational plan or service
plan as specifically provided | ||||||
29 | by the appropriate regional superintendent of
schools;
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30 | (3) ordered to obtain counseling or other supportive | ||||||
31 | services;
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32 | (4) subject to a fine in an amount in excess of $5, but | ||||||
33 | not exceeding
$100, and each day of absence without valid | ||||||
34 | cause as defined in Section 26-2a
of The School Code is a | ||||||
35 | separate offense;
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36 | (5) required to perform some reasonable public service |
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1 | work such as, but
not limited to, the picking up of litter | ||||||
2 | in public parks or along public
highways or the maintenance | ||||||
3 | of public facilities; or
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4 | (6) subject to having his or her driver's license or | ||||||
5 | driving privilege
suspended for a period of time as | ||||||
6 | determined by the court but only until he
or she attains 18 | ||||||
7 | years of age.
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8 | A dispositional order may include a fine, public service, | ||||||
9 | or
suspension of a driver's license or privilege only if the | ||||||
10 | court has made an
express written finding that a truancy | ||||||
11 | prevention program has been offered by
the school, regional | ||||||
12 | superintendent of schools, or a comprehensive community based | ||||||
13 | youth social service
agency to the truant minor in need of | ||||||
14 | supervision.
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15 | (c)
Orders entered under this Section may be enforced by | ||||||
16 | contempt
proceedings.
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17 | (Source: P.A. 90-143, eff. 7-23-97; 90-380, eff. 8-14-97; | ||||||
18 | 90-590, eff.
1-1-99; 90-655, eff. 7-30-98.)
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