Bill Status of HB4496  98th General Assembly


Short Description:  JUV CT-COURT REVIEW

House Sponsors
Rep. Mary E. Flowers - La Shawn K. Ford - Elaine Nekritz - André M. Thapedi - Elgie R. Sims, Jr., Emanuel Chris Welch and John D. Anthony

Senate Sponsors
(Sen. Emil Jones, III)

Last Action
DateChamber Action
  12/3/2014HouseSession Sine Die

Statutes Amended In Order of Appearance
705 ILCS 405/5-745


Synopsis As Introduced
Amends the Juvenile Court Act of 1987. Provides that if the minor is in the custody of the Department of Juvenile Justice, the case plan shall include: (1) information as to the minor's physical, mental, and emotional health condition; (2) summary of the physical and mental health services provided to the minor; (3) unmet physical and mental health and education needs which have been identified by the Department; (4) information as to the Department's efforts to secure post-release placement of the minor after release from the Department; (5) identification of the minor's grade level and educational history, including a determination if the minor has in the past, or is currently receiving special education services; (6) identification of educational goals, educational needs, and identifiable educational problems; and (7) determination as to the need for a case study evaluation. Provides that upon receipt, the court shall review the report and determine whether a hearing would serve the minor's best interests. Provides that when the court has set a hearing on the case plan, the clerk shall mail notice of the hearing to the Director of Juvenile Justice and where the court record includes their last known addresses, to the minor's parents and guardian. Provides that if after receiving evidence, the court determines that the services contained in the plan are not reasonably calculated to prepare the minor for a successful reentry into the community, the court shall put in writing the factual basis supporting the determination and enter specific findings based on the evidence. Provides that the court also shall enter an order for the Department to develop and implement a new service plan or to implement changes to the current service plan consistent with the court's findings. Provides that the new service plan shall be filed with the court and served on all parties within 45 days of the date of the order. Provides that the court shall continue the matter until the new service plan is filed. Provides that unless otherwise specifically authorized by law, the court may not order specific placements, specific services, or specific service providers to be included in the plan.

House Committee Amendment No. 1
Replaces everything after the enacting clause. Reinserts the provisions of the bill. Provides that the Department of Juvenile Justice shall file updated case plans with the court every 6 months. Provides that the plan shall also be provided to the minor's court appointed guardian ad litem, when the Department has received written notice of the appointment and a copy of the order making the appointment. Provides that when the court record includes last known addresses for the minor's parents and guardian, the Department shall send a notice to the parents or guardian that the plan is available and the Department shall provide the plan to the parents or guardian upon request. Provides that if the minor is in the custody of the Department of Juvenile Justice, the case plan shall: (1) specifically state whether the minor remains in the physical custody of the Department solely because a post-release placement has not been secured; (2) contain a description of the minor's general well-being, including whether any information exists that the minor has been abused or neglected while in the custody of the Department; (3) contain a description of the minor's general well-being, including whether any information exists that the minor has been abused or neglected while in the custody of the Department; and (4) contain a summary of the services provided to the minor to address the minor's physical, mental, and emotional health.

House Committee Amendment No. 2
Provides that the new provisions shall not be construed to authorize violation of the minor's federal and State rights to privacy and confidentiality. Provides that the Department of Juvenile Justice shall adopt rules to ensure that the materials and information contained in the plan do not violate the minor's federal and State rights to privacy and confidentiality and shall establish procedures in which these rights may be expressly waived in writing by the minor or the minor's guardian, if waiver is authorized by law.

House Floor Amendment No. 3
Replaces everything after the enacting clause. Amends the Juvenile Court Act of 1987. Provides that the Department of Juvenile Justice shall file a critical incident report with the court within 10 days of the occurrence of a critical incident involving a youth committed to the Department. Provides that critical incidents are incidents that involve a serious risk to the life, health, or wellbeing of the youth, including, but not limited to, accidents or suicide attempts resulting in serious bodily harm or hospitalization, psychiatric hospitalization, alleged or suspected abuse, or escape or attempted escape from custody. Provides that the report shall contain a brief description of the incident, a summary of the actions the Department took as a result of the incident, and relevant information regarding the youth's current physical, mental, and emotional health. Provides that if the minor is in the physical custody of the Department of Juvenile Justice, the Department shall file updated case plans with the court every 6 months.

Actions 
DateChamber Action
  1/30/2014HouseFiled with the Clerk by Rep. Mary E. Flowers
  2/3/2014HouseFirst Reading
  2/3/2014HouseReferred to Rules Committee
  2/11/2014HouseAssigned to Judiciary
  3/4/2014HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Mary E. Flowers
  3/4/2014HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/13/2014HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. Mary E. Flowers
  3/13/2014HouseHouse Committee Amendment No. 2 Referred to Rules Committee
  3/13/2014HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary
  3/17/2014HouseAdded Chief Co-Sponsor Rep. La Shawn K. Ford
  3/19/2014HouseHouse Committee Amendment No. 2 Rules Refers to Judiciary
  3/20/2014HouseHouse Committee Amendment No. 1 Adopted in Judiciary; by Voice Vote
  3/20/2014HouseHouse Committee Amendment No. 2 Adopted in Judiciary; by Voice Vote
  3/20/2014HouseDo Pass as Amended / Short Debate Judiciary; 016-000-000
  3/20/2014HousePlaced on Calendar 2nd Reading - Short Debate
  3/28/2014HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Mary E. Flowers
  3/28/2014HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  4/1/2014HouseAdded Chief Co-Sponsor Rep. Elaine Nekritz
  4/1/2014HouseAdded Chief Co-Sponsor Rep. André M. Thapedi
  4/1/2014HouseAdded Chief Co-Sponsor Rep. Elgie R. Sims, Jr.
  4/1/2014HouseAdded Co-Sponsor Rep. Emanuel Chris Welch
  4/1/2014HouseAdded Co-Sponsor Rep. John D. Anthony
  4/3/2014HouseHouse Floor Amendment No. 3 Rules Refers to Judiciary
  4/4/2014HouseHouse Floor Amendment No. 3 Recommends Be Adopted Judiciary; 016-000-000
  4/7/2014HouseSecond Reading - Short Debate
  4/7/2014HouseHeld on Calendar Order of Second Reading - Short Debate
  4/7/2014HouseHouse Floor Amendment No. 3 Adopted
  4/7/2014HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/8/2014HouseThird Reading - Short Debate - Passed 114-000-000
  4/8/2014SenateArrive in Senate
  4/8/2014SenatePlaced on Calendar Order of First Reading April 9, 2014
  4/8/2014SenateChief Senate Sponsor Sen. Emil Jones, III
  4/9/2014SenateFirst Reading
  4/9/2014SenateReferred to Assignments
  4/23/2014SenateAssigned to Judiciary
  4/29/2014SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Emil Jones, III
  4/29/2014SenateSenate Committee Amendment No. 1 Referred to Assignments
  4/29/2014SenatePostponed - Judiciary
  5/6/2014SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  5/7/2014SenatePostponed - Judiciary
  5/7/2014SenateSenate Committee Amendment No. 1 Postponed - Judiciary
  5/13/2014SenatePostponed - Judiciary
  5/13/2014SenateSenate Committee Amendment No. 1 Postponed - Judiciary
  5/16/2014SenateRule 2-10 Committee Deadline Established As May 23, 2014
  5/21/2014SenateSenate Committee Amendment No. 1 Postponed - Judiciary
  5/21/2014SenateDo Pass Judiciary; 007-000-005
  5/21/2014SenatePlaced on Calendar Order of 2nd Reading May 22, 2014
  5/21/2014SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Emil Jones, III
  5/21/2014SenateSenate Floor Amendment No. 2 Referred to Assignments
  5/22/2014SenateSenate Floor Amendment No. 2 Assignments Refers to Judiciary
  5/23/2014SenateSenate Floor Amendment No. 2 Postponed - Judiciary
  7/1/2014SenatePursuant to Senate Rule 3-9(b) / Referred to Assignments
  7/1/2014SenateSenate Committee Amendment No. 1 Re-referred to Assignments; Pursuant to Senate Rule 3-9(b)
  7/1/2014SenateSenate Floor Amendment No. 2 Re-referred to Assignments; Pursuant to Senate Rule 3-9(b)
  12/3/2014HouseSession Sine Die