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| | SB1292 Engrossed | | LRB097 02706 RLC 42725 b |
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| 1 | | AN ACT concerning courts.
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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 5-745 as follows:
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| 6 | | (705 ILCS 405/5-745)
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| 7 | | Sec. 5-745. Court review.
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| 8 | | (1) The court may require any legal custodian or guardian |
| 9 | | of the person
appointed under this Act, including the |
| 10 | | Department of Juvenile Justice for youth committed under |
| 11 | | Section 5-750 of this Act, to report periodically to the court |
| 12 | | or may cite him
or her into court and require him or her, or his |
| 13 | | or her agency, to make a full
and accurate report of
his or her |
| 14 | | or its doings in behalf of the minor, including efforts to |
| 15 | | secure post-release placement of the youth after release from |
| 16 | | the Department's facilities. The legal custodian or
guardian,
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| 17 | | within 10 days after the citation, shall make the report, |
| 18 | | either in writing
verified by affidavit or orally under oath in |
| 19 | | open court, or otherwise as the
court directs. Upon the hearing |
| 20 | | of the report the court may remove the legal
custodian or |
| 21 | | guardian and appoint another in his or her stead or restore the
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| 22 | | minor to
the custody of his or her parents or former guardian |
| 23 | | or legal custodian.
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| | SB1292 Engrossed | - 2 - | LRB097 02706 RLC 42725 b |
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| 1 | | (2) A guardian or legal custodian appointed by the court |
| 2 | | under this
Act shall file updated case plans with the court |
| 3 | | every 6 months. Every agency
which has guardianship of a child |
| 4 | | shall file a supplemental petition for court
review, or review |
| 5 | | by an administrative body appointed or approved by the court
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| 6 | | and further order within 18 months of the sentencing order and |
| 7 | | each 18 months
thereafter. The petition shall state facts |
| 8 | | relative to the child's present
condition of physical, mental |
| 9 | | and emotional health as well as facts relative to
his or her |
| 10 | | present custodial or foster care. The petition shall be set for
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| 11 | | hearing
and the clerk shall mail 10 days notice of the hearing |
| 12 | | by certified mail,
return receipt requested, to the person or |
| 13 | | agency having the physical custody
of the child, the minor and |
| 14 | | other interested parties unless a
written waiver of notice is |
| 15 | | filed with the petition.
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| 16 | | If the minor is in the custody of the Illinois Department |
| 17 | | of Children and Family Services, pursuant to an order entered |
| 18 | | under this Article, the court shall conduct permanency hearings |
| 19 | | as set out in subsections (1), (2), and (3) of Section 2-28 of |
| 20 | | Article II of this Act. |
| 21 | | Rights of wards of the court under this Act are enforceable |
| 22 | | against any
public agency by complaints for relief by mandamus |
| 23 | | filed in any proceedings
brought under this Act.
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| 24 | | (3) The minor or any person interested in the minor may |
| 25 | | apply to the court
for a change in custody of the minor and the |
| 26 | | appointment of a new custodian or
guardian of the person or for |
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| | SB1292 Engrossed | - 3 - | LRB097 02706 RLC 42725 b |
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| 1 | | the restoration of the minor to the custody of
his or her |
| 2 | | parents or former guardian or custodian. In the event that the
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| 3 | | minor has
attained 18 years of age and the guardian or |
| 4 | | custodian petitions the court for
an order terminating his or |
| 5 | | her guardianship or custody, guardianship or legal
custody
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| 6 | | shall terminate automatically 30 days after the receipt of the |
| 7 | | petition unless
the
court orders otherwise. No legal custodian |
| 8 | | or guardian of the person may be
removed without his or her |
| 9 | | consent until given notice and an opportunity to be
heard by |
| 10 | | the court.
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| 11 | | (Source: P.A. 96-178, eff. 1-1-10.)
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