HB0391 Engrossed LRB095 05268 RLC 25346 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 Juvenile Court Act of 1987 is amended by
5 changing Section 2-28 as follows:
 
6     (705 ILCS 405/2-28)  (from Ch. 37, par. 802-28)
7     Sec. 2-28. Court review.
8     (1) The court may require any legal custodian or guardian
9 of the person appointed under this Act to report periodically
10 to the court or may cite him into court and require him or his
11 agency, to make a full and accurate report of his or its doings
12 in behalf of the minor. The custodian or guardian, within 10
13 days after such citation, shall make the report, either in
14 writing verified by affidavit or orally under oath in open
15 court, or otherwise as the court directs. Upon the hearing of
16 the report the court may remove the custodian or guardian and
17 appoint another in his stead or restore the minor to the
18 custody of his parents or former guardian or custodian.
19 However, custody of the minor shall not be restored to any
20 parent, guardian or legal custodian in any case in which the
21 minor is found to be neglected or abused under Section 2-3 or
22 dependent under Section 2-4 of this Act, unless the minor can
23 be cared for at home without endangering the minor's health or

 

 

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1 safety and it is in the best interests of the minor, and if
2 such neglect, abuse, or dependency is found by the court under
3 paragraph (1) of Section 2-21 of this Act to have come about
4 due to the acts or omissions or both of such parent, guardian
5 or legal custodian, until such time as an investigation is made
6 as provided in paragraph (5) and a hearing is held on the issue
7 of the fitness of such parent, guardian or legal custodian to
8 care for the minor and the court enters an order that such
9 parent, guardian or legal custodian is fit to care for the
10 minor.
11     (2) The first permanency hearing shall be conducted by the
12 judge. Subsequent permanency hearings may be heard by a judge
13 or by hearing officers appointed or approved by the court in
14 the manner set forth in Section 2-28.1 of this Act. The initial
15 hearing shall be held (a) within 12 months from the date
16 temporary custody was taken, (b) if the parental rights of both
17 parents have been terminated in accordance with the procedure
18 described in subsection (5) of Section 2-21, within 30 days of
19 the order for termination of parental rights and appointment of
20 a guardian with power to consent to adoption, or (c) in
21 accordance with subsection (2) of Section 2-13.1. Subsequent
22 permanency hearings shall be held every 6 months or more
23 frequently if necessary in the court's determination following
24 the initial permanency hearing, in accordance with the
25 standards set forth in this Section, until the court determines
26 that the plan and goal have been achieved. Once the plan and

 

 

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1 goal have been achieved, if the minor remains in substitute
2 care, the case shall be reviewed at least every 6 months
3 thereafter, subject to the provisions of this Section, unless
4 the minor is placed in the guardianship of a suitable relative
5 or other person and the court determines that further
6 monitoring by the court does not further the health, safety or
7 best interest of the child and that this is a stable permanent
8 placement. The permanency hearings must occur within the time
9 frames set forth in this subsection and may not be delayed in
10 anticipation of a report from any source or due to the agency's
11 failure to timely file its written report (this written report
12 means the one required under the next paragraph and does not
13 mean the service plan also referred to in that paragraph).
14     The public agency that is the custodian or guardian of the
15 minor, or another agency responsible for the minor's care,
16 shall ensure that all parties to the permanency hearings are
17 provided a copy of the most recent service plan prepared within
18 the prior 6 months at least 14 days in advance of the hearing.
19 If not contained in the plan, the agency shall also include a
20 report setting forth (i) any special physical, psychological,
21 educational, medical, emotional, or other needs of the minor or
22 his or her family that are relevant to a permanency or
23 placement determination and (ii) for any minor age 16 or over,
24 a written description of the programs and services that will
25 enable the minor to prepare for independent living. The
26 agency's written report must detail what progress or lack of

 

 

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1 progress the parent has made in correcting the conditions
2 requiring the child to be in care; whether the child can be
3 returned home without jeopardizing the child's health, safety,
4 and welfare, and if not, what permanency goal is recommended to
5 be in the best interests of the child, and why the other
6 permanency goals are not appropriate. The caseworker must
7 appear and testify at the permanency hearing. If a permanency
8 hearing has not previously been scheduled by the court, the
9 moving party shall move for the setting of a permanency hearing
10 and the entry of an order within the time frames set forth in
11 this subsection.
12     At the permanency hearing, the court shall determine the
13 future status of the child. The court shall set one of the
14 following permanency goals:
15         (A) The minor will be returned home by a specific date
16     within 5 months.
17         (B) The minor will be in short-term care with a
18     continued goal to return home within a period not to exceed
19     one year, where the progress of the parent or parents is
20     substantial giving particular consideration to the age and
21     individual needs of the minor.
22         (B-1) The minor will be in short-term care with a
23     continued goal to return home pending a status hearing.
24     When the court finds that a parent has not made reasonable
25     efforts or reasonable progress to date, the court shall
26     identify what actions the parent and the Department must

 

 

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1     take in order to justify a finding of reasonable efforts or
2     reasonable progress and shall set a status hearing to be
3     held not earlier than 9 months from the date of
4     adjudication nor later than 11 months from the date of
5     adjudication during which the parent's progress will again
6     be reviewed.
7         (C) The minor will be in substitute care pending court
8     determination on termination of parental rights.
9         (D) Adoption, provided that parental rights have been
10     terminated or relinquished.
11         (E) The guardianship of the minor will be transferred
12     to an individual or couple on a permanent basis provided
13     that goals (A) through (D) have been ruled out.
14         (F) The minor over age 15 will be in substitute care
15     pending independence.
16         (G) The minor will be in substitute care because he or
17     she cannot be provided for in a home environment due to
18     developmental disabilities or mental illness or because he
19     or she is a danger to self or others, provided that goals
20     (A) through (D) have been ruled out.
21     In selecting any permanency goal, the court shall indicate
22 in writing the reasons the goal was selected and why the
23 preceding goals were ruled out. Where the court has selected a
24 permanency goal other than (A), (B), or (B-1), the Department
25 of Children and Family Services shall not provide further
26 reunification services, but shall provide services consistent

 

 

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1 with the goal selected.
2     The court shall set a permanency goal that is in the best
3 interest of the child. The court's determination shall include
4 the following factors:
5         (1) Age of the child.
6         (2) Options available for permanence.
7         (3) Current placement of the child and the intent of
8     the family regarding adoption.
9         (4) Emotional, physical, and mental status or
10     condition of the child.
11         (5) Types of services previously offered and whether or
12     not the services were successful and, if not successful,
13     the reasons the services failed.
14         (6) Availability of services currently needed and
15     whether the services exist.
16         (7) Status of siblings of the minor.
17     The court shall consider (i) the permanency goal contained
18 in the service plan, (ii) the appropriateness of the services
19 contained in the plan and whether those services have been
20 provided, (iii) whether reasonable efforts have been made by
21 all the parties to the service plan to achieve the goal, and
22 (iv) whether the plan and goal have been achieved. All evidence
23 relevant to determining these questions, including oral and
24 written reports, may be admitted and may be relied on to the
25 extent of their probative value.
26     The court shall make findings as to whether, in violation

 

 

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1 of Section 8.2 of the Abused and Neglected Child Reporting Act,
2 any portion of the service plan compels a child or parent to
3 engage in any activity or refrain from any activity that is not
4 reasonably related to remedying a condition or conditions that
5 gave rise or which could give rise to any finding of child
6 abuse or neglect.
7     If the permanency goal is return home, the court shall make
8 findings that identify any problems that are causing continued
9 placement of the children away from the home and identify what
10 outcomes would be considered a resolution to these problems.
11 The court shall explain to the parents that these findings are
12 based on the information that the court has at that time and
13 may be revised, should additional evidence be presented to the
14 court.
15     If the goal has been achieved, the court shall enter orders
16 that are necessary to conform the minor's legal custody and
17 status to those findings.
18     If, after receiving evidence, the court determines that the
19 services contained in the plan are not reasonably calculated to
20 facilitate achievement of the permanency goal, the court shall
21 put in writing the factual basis supporting the determination
22 and enter specific findings based on the evidence. The court
23 also shall enter an order for the Department to develop and
24 implement a new service plan or to implement changes to the
25 current service plan consistent with the court's findings. The
26 new service plan shall be filed with the court and served on

 

 

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1 all parties within 45 days of the date of the order. The court
2 shall continue the matter until the new service plan is filed.
3 Unless otherwise specifically authorized by law, the court is
4 not empowered under this subsection (2) or under subsection (3)
5 to order specific placements, specific services, or specific
6 service providers to be included in the plan.
7     A guardian or custodian appointed by the court pursuant to
8 this Act shall file updated case plans with the court every 6
9 months.
10     Rights of wards of the court under this Act are enforceable
11 against any public agency by complaints for relief by mandamus
12 filed in any proceedings brought under this Act.
13     (3) Following the permanency hearing, the court shall enter
14 a written order that includes the determinations required under
15 subsection (2) of this Section and sets forth the following:
16         (a) The future status of the minor, including the
17     permanency goal, and any order necessary to conform the
18     minor's legal custody and status to such determination; or
19         (b) If the permanency goal of the minor cannot be
20     achieved immediately, the specific reasons for continuing
21     the minor in the care of the Department of Children and
22     Family Services or other agency for short term placement,
23     and the following determinations:
24             (i) (Blank).
25             (ii) Whether the services required by the court and
26         by any service plan prepared within the prior 6 months

 

 

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1         have been provided and (A) if so, whether the services
2         were reasonably calculated to facilitate the
3         achievement of the permanency goal or (B) if not
4         provided, why the services were not provided.
5             (iii) Whether the minor's placement is necessary,
6         and appropriate to the plan and goal, recognizing the
7         right of minors to the least restrictive (most
8         family-like) setting available and in close proximity
9         to the parents' home consistent with the health,
10         safety, best interest and special needs of the minor
11         and, if the minor is placed out-of-State, whether the
12         out-of-State placement continues to be appropriate and
13         consistent with the health, safety, and best interest
14         of the minor.
15             (iv) (Blank).
16             (v) (Blank).
17     Any order entered pursuant to this subsection (3) shall be
18 immediately appealable as a matter of right under Supreme Court
19 Rule 304(b)(1).
20     (4) The minor or any person interested in the minor may
21 apply to the court for a change in custody of the minor and the
22 appointment of a new custodian or guardian of the person or for
23 the restoration of the minor to the custody of his parents or
24 former guardian or custodian.
25     When return home is not selected as the permanency goal:
26         (a) The Department, the minor, or the current foster

 

 

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1     parent or relative caregiver seeking private guardianship
2     may file a motion for private guardianship of the minor.
3     Appointment of a guardian under this Section requires
4     approval of the court.
5         (b) The State's Attorney may file a motion to terminate
6     parental rights of any parent who has failed to make
7     reasonable efforts to correct the conditions which led to
8     the removal of the child or reasonable progress toward the
9     return of the child, as defined in subdivision (D)(m) of
10     Section 1 of the Adoption Act or for whom any other
11     unfitness ground for terminating parental rights as
12     defined in subdivision (D) of Section 1 of the Adoption Act
13     exists.
14     Custody of the minor shall not be restored to any parent,
15 guardian or legal custodian in any case in which the minor is
16 found to be neglected or abused under Section 2-3 or dependent
17 under Section 2-4 of this Act, unless the minor can be cared
18 for at home without endangering his or her health or safety and
19 it is in the best interest of the minor, and if such neglect,
20 abuse, or dependency is found by the court under paragraph (1)
21 of Section 2-21 of this Act to have come about due to the acts
22 or omissions or both of such parent, guardian or legal
23 custodian, until such time as an investigation is made as
24 provided in paragraph (5) and a hearing is held on the issue of
25 the health, safety and best interest of the minor and the
26 fitness of such parent, guardian or legal custodian to care for

 

 

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1 the minor and the court enters an order that such parent,
2 guardian or legal custodian is fit to care for the minor. In
3 the event that the minor has attained 18 years of age and the
4 guardian or custodian petitions the court for an order
5 terminating his guardianship or custody, guardianship or
6 custody shall terminate automatically 30 days after the receipt
7 of the petition unless the court orders otherwise. No legal
8 custodian or guardian of the person may be removed without his
9 consent until given notice and an opportunity to be heard by
10 the court.
11     When the court orders a child restored to the custody of
12 the parent or parents, the court shall order the parent or
13 parents to cooperate with the Department of Children and Family
14 Services and comply with the terms of an after-care plan, or
15 risk the loss of custody of the child and possible termination
16 of their parental rights. The court may also enter an order of
17 protective supervision in accordance with Section 2-24.
18     (5) Whenever a parent, guardian, or legal custodian files a
19 motion for restoration of custody of the minor, and the minor
20 was adjudicated neglected, abused, or dependent as a result of
21 physical abuse, the court shall cause to be made an
22 investigation as to whether the movant has ever been charged
23 with or convicted of any criminal offense which would indicate
24 the likelihood of any further physical abuse to the minor.
25 Evidence of such criminal convictions shall be taken into
26 account in determining whether the minor can be cared for at

 

 

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1 home without endangering his or her health or safety and
2 fitness of the parent, guardian, or legal custodian.
3         (a) Any agency of this State or any subdivision thereof
4     shall co-operate with the agent of the court in providing
5     any information sought in the investigation.
6         (b) The information derived from the investigation and
7     any conclusions or recommendations derived from the
8     information shall be provided to the parent, guardian, or
9     legal custodian seeking restoration of custody prior to the
10     hearing on fitness and the movant shall have an opportunity
11     at the hearing to refute the information or contest its
12     significance.
13         (c) All information obtained from any investigation
14     shall be confidential as provided in Section 5-150 of this
15     Act.
16 (Source: P.A. 91-357, eff. 7-29-99; 92-320, eff. 1-1-02.)
 
17     Section 99. Effective date. This Act takes effect upon
18 becoming law.