99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1636

 

Introduced 2/20/2015, by Sen. Darin M. LaHood

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/2-25  from Ch. 37, par. 802-25

    Amends the Juvenile Court Act of 1987 concerning abused, neglected, and dependent minors. Provides that if the court makes an order of protection, the order may extend until the minor reaches 18 years of age. Provides that the order may require a person to abstain from offensive conduct against any person who adopts the minor or to refrain from contacting the adoptive parents in any manner that is not specified in writing in the case plan. Provides that the Department of Children and Family Services may seek an order of protection during a proceeding to terminate parental rights that may remain in effect until the minor reaches 18 years of age. Provides that after termination of parental rights, the Department may seek an order of protection for the minor at the request of foster or adoptive parents of the minor that may remain in effect until the minor reaches 18 years of age.


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A BILL FOR

 

SB1636LRB099 05470 RLC 30895 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Section 2-25 as follows:
 
6    (705 ILCS 405/2-25)  (from Ch. 37, par. 802-25)
7    Sec. 2-25. Order of protection.
8    (1) The court may make an order of protection in assistance
9of or as a condition of any other order authorized by this Act.
10The order of protection shall be based on the health, safety
11and best interests of the minor and may set forth reasonable
12conditions of behavior to be observed for a specified period.
13The order of protection may extend until the minor reaches 18
14years of age. Such an order may require a person:
15        (a) to stay away from the home or the minor;
16        (b) to permit a parent to visit the minor at stated
17    periods;
18        (c) to abstain from offensive conduct against the
19    minor, his parent or any person to whom custody of the
20    minor is awarded or any person who adopts the minor;
21        (d) to give proper attention to the care of the home;
22        (e) to cooperate in good faith with an agency to which
23    custody of a minor is entrusted by the court or with an

 

 

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1    agency or association to which the minor is referred by the
2    court;
3        (f) to prohibit and prevent any contact whatsoever with
4    the respondent minor by a specified individual or
5    individuals who are alleged in either a criminal or
6    juvenile proceeding to have caused injury to a respondent
7    minor or a sibling of a respondent minor;
8        (g) to refrain from acts of commission or omission that
9    tend to make the home not a proper place for the minor;
10        (h) to refrain from contacting the minor and the foster
11    or adoptive parents in any manner that is not specified in
12    writing in the case plan.
13    (2) The court shall enter an order of protection to
14prohibit and prevent any contact between a respondent minor or
15a sibling of a respondent minor and any person named in a
16petition seeking an order of protection who has been convicted
17of heinous battery or aggravated battery under subdivision
18(a)(2) of Section 12-3.05, aggravated battery of a child or
19aggravated battery under subdivision (b)(1) of Section
2012-3.05, criminal sexual assault, aggravated criminal sexual
21assault, predatory criminal sexual assault of a child, criminal
22sexual abuse, or aggravated criminal sexual abuse as described
23in the Criminal Code of 1961 or the Criminal Code of 2012, or
24has been convicted of an offense that resulted in the death of
25a child, or has violated a previous order of protection under
26this Section.

 

 

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1    (3) When the court issues an order of protection against
2any person as provided by this Section, the court shall direct
3a copy of such order to the Sheriff of that county. The Sheriff
4shall furnish a copy of the order of protection to the
5Department of State Police within 24 hours of receipt, in the
6form and manner required by the Department. The Department of
7State Police shall maintain a complete record and index of such
8orders of protection and make this data available to all local
9law enforcement agencies.
10    (4) After notice and opportunity for hearing afforded to a
11person subject to an order of protection, the order may be
12modified or extended for a further specified period or both or
13may be terminated if the court finds that the health, safety,
14and best interests of the minor and the public will be served
15thereby.
16    (5)(a) An order of protection may be sought at any time
17during the course of any proceeding conducted pursuant to this
18Act if such an order is consistent with the health, safety, and
19best interests of the minor. Any person against whom an order
20of protection is sought may retain counsel to represent him at
21a hearing, and has rights to be present at the hearing, to be
22informed prior to the hearing in writing of the contents of the
23petition seeking a protective order and of the date, place and
24time of such hearing, and to cross examine witnesses called by
25the petitioner and to present witnesses and argument in
26opposition to the relief sought in the petition.

 

 

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1    (b) The Department of Children and Family Services may seek
2an order of protection under this Section during a proceeding
3to terminate parental rights that may remain in effect until
4the minor reaches 18 years of age. After termination of
5parental rights, the Department may seek an order of protection
6for the minor at the request of foster or adoptive parents of
7the minor that may remain in effect until the minor reaches 18
8years of age.
9    (6) Diligent efforts shall be made by the petitioner to
10serve any person or persons against whom any order of
11protection is sought with written notice of the contents of the
12petition seeking a protective order and of the date, place and
13time at which the hearing on the petition is to be held. When a
14protective order is being sought in conjunction with a
15temporary custody hearing, if the court finds that the person
16against whom the protective order is being sought has been
17notified of the hearing or that diligent efforts have been made
18to notify such person, the court may conduct a hearing. If a
19protective order is sought at any time other than in
20conjunction with a temporary custody hearing, the court may not
21conduct a hearing on the petition in the absence of the person
22against whom the order is sought unless the petitioner has
23notified such person by personal service at least 3 days before
24the hearing or has sent written notice by first class mail to
25such person's last known address at least 5 days before the
26hearing.

 

 

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1    (7) A person against whom an order of protection is being
2sought who is neither a parent, guardian, legal custodian or
3responsible relative as described in Section 1-5 is not a party
4or respondent as defined in that Section and shall not be
5entitled to the rights provided therein. Such person does not
6have a right to appointed counsel or to be present at any
7hearing other than the hearing in which the order of protection
8is being sought or a hearing directly pertaining to that order.
9Unless the court orders otherwise, such person does not have a
10right to inspect the court file.
11    (8) All protective orders entered under this Section shall
12be in writing. Unless the person against whom the order was
13obtained was present in court when the order was issued, the
14sheriff, other law enforcement official or special process
15server shall promptly serve that order upon that person and
16file proof of such service, in the manner provided for service
17of process in civil proceedings. The person against whom the
18protective order was obtained may seek a modification of the
19order by filing a written motion to modify the order within 7
20days after actual receipt by the person of a copy of the order.
21Any modification of the order granted by the court must be
22determined to be consistent with the best interests of the
23minor.
24    (9) If a petition is filed charging a violation of a
25condition contained in the protective order and if the court
26determines that this violation is of a critical service

 

 

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1necessary to the safety and welfare of the minor, the court may
2proceed to findings and an order for temporary custody.
3(Source: P.A. 96-1551, Article 1, Section 955, eff. 7-1-11;
496-1551, Article 2, Section 1030, eff. 7-1-11; 97-1109, eff.
51-1-13; 97-1150, eff. 1-25-13.)