|
Rep. Mary E. Flowers
Filed: 3/28/2014
| | 09800HB4496ham003 | | LRB098 19356 RLC 57788 a |
|
|
1 | | AMENDMENT TO HOUSE BILL 4496
|
2 | | AMENDMENT NO. ______. Amend House Bill 4496, AS AMENDED, by |
3 | | replacing everything after the enacting clause with the |
4 | | following:
|
5 | | "Section 5. The Juvenile Court Act of 1987 is amended by |
6 | | changing Section 5-745 as follows:
|
7 | | (705 ILCS 405/5-745)
|
8 | | Sec. 5-745. Court review.
|
9 | | (1) The court may require any legal custodian or guardian |
10 | | of the person
appointed under this Act, including the |
11 | | Department of Juvenile Justice for youth committed under |
12 | | Section 5-750 of this Act, to report periodically to the court |
13 | | or may cite him
or her into court and require him or her, or his |
14 | | or her agency, to make a full
and accurate report of
his or her |
15 | | or its doings in behalf of the minor, including efforts to |
16 | | secure post-release placement of the youth after release from |
|
| | 09800HB4496ham003 | - 2 - | LRB098 19356 RLC 57788 a |
|
|
1 | | the Department's facilities. The legal custodian or
guardian,
|
2 | | within 10 days after the citation, shall make the report, |
3 | | either in writing
verified by affidavit or orally under oath in |
4 | | open court, or otherwise as the
court directs. Upon the hearing |
5 | | of the report the court may remove the legal
custodian or |
6 | | guardian and appoint another in his or her stead or restore the
|
7 | | minor to
the custody of his or her parents or former guardian |
8 | | or legal custodian.
|
9 | | (1.5) The Department of Juvenile Justice shall file a |
10 | | critical incident report with the court within 10 days of the |
11 | | occurrence of a critical incident involving a youth committed |
12 | | to the Department. "Critical incident" means an incident that |
13 | | involves a serious risk to the life, health, or wellbeing of |
14 | | the youth, including, but not limited to, an accident or |
15 | | suicide attempt resulting in serious bodily harm or |
16 | | hospitalization, psychiatric hospitalization, alleged or |
17 | | suspected abuse, or escape or attempted escape from custody. |
18 | | The report shall contain a brief description of the incident, a |
19 | | summary of the actions the Department took as a result of the |
20 | | incident, and relevant information regarding the youth's |
21 | | current physical, mental, and emotional health. Upon receipt of |
22 | | the critical incident report, the court shall review the report |
23 | | and may require the Department to make a full report under |
24 | | subsection (1) of this Section. |
25 | | (2) A guardian or legal custodian appointed by the court |
26 | | under this
Act shall file updated case plans with the court |
|
| | 09800HB4496ham003 | - 3 - | LRB098 19356 RLC 57788 a |
|
|
1 | | every 6 months. Every agency
which has guardianship of a child |
2 | | shall file a supplemental petition for court
review, or review |
3 | | by an administrative body appointed or approved by the court
|
4 | | and further order within 18 months of the sentencing order and |
5 | | each 18 months
thereafter. The petition shall state facts |
6 | | relative to the child's present
condition of physical, mental |
7 | | and emotional health as well as facts relative to
his or her |
8 | | present custodial or foster care. The petition shall be set for
|
9 | | hearing
and the clerk shall mail 10 days notice of the hearing |
10 | | by certified mail,
return receipt requested, to the person or |
11 | | agency having the physical custody
of the child, the minor and |
12 | | other interested parties unless a
written waiver of notice is |
13 | | filed with the petition.
|
14 | | If the minor is in the custody of the Illinois Department |
15 | | of Children and Family Services, pursuant to an order entered |
16 | | under this Article, the court shall conduct permanency hearings |
17 | | as set out in subsections (1), (2), and (3) of Section 2-28 of |
18 | | Article II of this Act. |
19 | | Rights of wards of the court under this Act are enforceable |
20 | | against any
public agency by complaints for relief by mandamus |
21 | | filed in any proceedings
brought under this Act.
|
22 | | (2.1) The following provisions apply if the minor is in the |
23 | | physical custody of the Department of Juvenile Justice. The |
24 | | Department of Juvenile Justice shall file updated case plans |
25 | | with the court every 6 months. The plan shall also be provided |
26 | | to the minor's court appointed guardian ad litem, when the |
|
| | 09800HB4496ham003 | - 4 - | LRB098 19356 RLC 57788 a |
|
|
1 | | Department has received written notice of the appointment and a |
2 | | copy of the order making the appointment. When the court record |
3 | | includes the last known addresses for the minor's parents and |
4 | | guardian, the Department shall send a notice to the parents or |
5 | | guardian that the plan is available and the Department shall |
6 | | provide the plan to the parents or guardian upon request.
On or |
7 | | before January 1, 2015, the Department of Juvenile Justice |
8 | | shall adopt final rules setting out the information to be |
9 | | contained in the case plan. The rules shall require that the |
10 | | information in the case plan is sufficient to assist the court |
11 | | in determining whether the minor's incarceration is consistent |
12 | | with the goals under Section 5-101 of this Act. The rules shall |
13 | | ensure that the materials and information contained in the plan |
14 | | do not violate the minor's federal and State rights to privacy |
15 | | and confidentiality and shall establish procedures whereby |
16 | | these rights may be expressly waived in writing by the minor or |
17 | | the minor's guardian or parent if waiver is authorized by law.
|
18 | | Upon receipt of the plan, the court shall review the case plan |
19 | | and determine whether a hearing would serve the minor's best |
20 | | interests. The guardian ad litem, parent, or guardian of the |
21 | | minor may request that the court conduct a hearing. When the |
22 | | court has set a hearing on the case plan, the clerk shall mail |
23 | | notice of the hearing to the Director of Juvenile Justice and |
24 | | the minor's guardian ad litem at least 10 days prior to the |
25 | | hearing and when the court record includes their last known |
26 | | addresses, to the minor's parents and guardian. If the minor |
|
| | 09800HB4496ham003 | - 5 - | LRB098 19356 RLC 57788 a |
|
|
1 | | does not have an attorney or guardian ad litem appointed, the |
2 | | court may appoint an attorney or guardian ad litem, or both, |
3 | | for the minor. In conducting hearings under this Section, the |
4 | | court may take testimony of witnesses and order that the minor |
5 | | participate in the hearing by way of teleconferencing or |
6 | | audio-visual communication, if this communication technology |
7 | | is available.
If after receiving evidence, the court determines |
8 | | that the services contained in the plan are not reasonably |
9 | | calculated to prepare the minor for a successful reentry into |
10 | | the community, the court shall put in writing the factual basis |
11 | | supporting the determination and enter specific findings based |
12 | | on the evidence. The court also shall enter an order for the |
13 | | Department to develop and implement a new case plan or to |
14 | | implement changes to the current case plan consistent with the |
15 | | court's findings. The new case plan shall be filed with the |
16 | | court and served on all parties within 45 days of the date of |
17 | | the order. The court shall continue the matter until the new |
18 | | case plan is filed. Unless otherwise specifically authorized by |
19 | | law, the court may not under this subsection (2.1) order |
20 | | specific placements, specific services, or specific service |
21 | | providers to be included in the plan. |
22 | | (3) The minor or any person interested in the minor may |
23 | | apply to the court
for a change in custody of the minor and the |
24 | | appointment of a new custodian or
guardian of the person or for |
25 | | the restoration of the minor to the custody of
his or her |
26 | | parents or former guardian or custodian. In the event that the
|
|
| | 09800HB4496ham003 | - 6 - | LRB098 19356 RLC 57788 a |
|
|
1 | | minor has
attained 18 years of age and the guardian or |
2 | | custodian petitions the court for
an order terminating his or |
3 | | her guardianship or custody, guardianship or legal
custody
|
4 | | shall terminate automatically 30 days after the receipt of the |
5 | | petition unless
the
court orders otherwise. No legal custodian |
6 | | or guardian of the person may be
removed without his or her |
7 | | consent until given notice and an opportunity to be
heard by |
8 | | the court.
|
9 | | (Source: P.A. 96-178, eff. 1-1-10; 97-518, eff. 1-1-12.)".
|