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Sen. Emil Jones, III
Filed: 4/29/2014
| | 09800HB4496sam001 | | LRB098 19356 RLC 58783 a |
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| 1 | | AMENDMENT TO HOUSE BILL 4496
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| 2 | | AMENDMENT NO. ______. Amend House Bill 4496 by replacing |
| 3 | | everything after the enacting clause with the following:
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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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| 1 | | within 10 days after the citation, shall make the report, |
| 2 | | either in writing
verified by affidavit or orally under oath in |
| 3 | | open court, or otherwise as the
court directs. Upon the hearing |
| 4 | | of the report the court may remove the legal
custodian or |
| 5 | | guardian and appoint another in his or her stead or restore the
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| 6 | | minor to
the custody of his or her parents or former guardian |
| 7 | | or legal custodian.
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| 8 | | (1.5) The Department of Juvenile Justice shall file a |
| 9 | | critical incident report with the court within 10 days of the |
| 10 | | occurrence of a critical incident involving a youth committed |
| 11 | | to the Department. "Critical incident" means an incident that |
| 12 | | involves a serious risk to the life, health, or wellbeing of |
| 13 | | the youth, including, but not limited to, an accident or |
| 14 | | suicide attempt resulting in serious bodily harm or |
| 15 | | hospitalization, psychiatric hospitalization, alleged or |
| 16 | | suspected abuse, or escape or attempted escape from custody. |
| 17 | | The report shall contain a brief description of the incident, a |
| 18 | | summary of the actions the Department took as a result of the |
| 19 | | incident, and relevant information regarding the youth's |
| 20 | | current physical, mental, and emotional health. Upon receipt of |
| 21 | | the critical incident report, the court shall review the report |
| 22 | | and may require the Department to make a full report under |
| 23 | | subsection (1) of this Section. |
| 24 | | (2) A guardian or legal custodian appointed by the court |
| 25 | | under Section 5-740 of this
Act shall file updated case plans |
| 26 | | with the court every 6 months. Every agency
which has |
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| 1 | | guardianship of a child shall file a supplemental petition for |
| 2 | | court
review, or review by an administrative body appointed or |
| 3 | | approved by the court
and further order within 18 months of the |
| 4 | | sentencing order and each 18 months
thereafter. The petition |
| 5 | | shall state facts relative to the child's present
condition of |
| 6 | | physical, mental and emotional health as well as facts relative |
| 7 | | to
his or her present custodial or foster care. The petition |
| 8 | | shall be set for
hearing
and the clerk shall mail 10 days |
| 9 | | notice of the hearing by certified mail,
return receipt |
| 10 | | requested, to the person or agency having the physical custody
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| 11 | | of the child, the minor and other interested parties unless a
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| 12 | | written waiver of notice is filed with the petition.
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| 13 | | If the minor is in the custody of the Illinois Department |
| 14 | | of Children and Family Services, pursuant to an order entered |
| 15 | | under this Article, the court shall conduct permanency hearings |
| 16 | | as set out in subsections (1), (2), and (3) of Section 2-28 of |
| 17 | | Article II of this Act. |
| 18 | | Rights of wards of the court under this Act are enforceable |
| 19 | | against any
public agency by complaints for relief by mandamus |
| 20 | | filed in any proceedings
brought under this Act.
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| 21 | | (3) The minor or any person interested in the minor may |
| 22 | | apply to the court
for a change in custody of the minor and the |
| 23 | | appointment of a new custodian or
guardian of the person or for |
| 24 | | the restoration of the minor to the custody of
his or her |
| 25 | | parents or former guardian or custodian. In the event that the
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| 26 | | minor has
attained 18 years of age and the guardian or |
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| 1 | | custodian petitions the court for
an order terminating his or |
| 2 | | her guardianship or custody, guardianship or legal
custody
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| 3 | | shall terminate automatically 30 days after the receipt of the |
| 4 | | petition unless
the
court orders otherwise. No legal custodian |
| 5 | | or guardian of the person may be
removed without his or her |
| 6 | | consent until given notice and an opportunity to be
heard by |
| 7 | | the court.
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| 8 | | (Source: P.A. 96-178, eff. 1-1-10; 97-518, eff. 1-1-12.)".
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