Full Text of HB4964 102nd General Assembly
HB4964eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning courts.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Juvenile Court Act of 1987 is amended by | 5 | | changing Sections 2-3 and 2-10 as follows: | 6 | | (705 ILCS 405/2-3) (from Ch. 37, par. 802-3) | 7 | | Sec. 2-3. Neglected or abused minor. | 8 | | (1) Those who are neglected include: | 9 | | (a) any minor under 18 years of age or a minor 18 years | 10 | | of age or older for whom the court has made a finding of | 11 | | probable cause to believe that the minor is abused, | 12 | | neglected, or dependent under subsection (1) of Section | 13 | | 2-10 prior to the minor's 18th birthday who is not | 14 | | receiving
the proper or necessary support, education as
| 15 | | required by law, or medical or other remedial care | 16 | | recognized under
State law as necessary for a minor's | 17 | | well-being, or other care necessary
for his or her | 18 | | well-being, including adequate food, clothing and shelter,
| 19 | | or who is abandoned by his or her parent or parents or | 20 | | other person or persons responsible for
the minor's | 21 | | welfare, except that a minor shall not be considered | 22 | | neglected
for the sole reason that the minor's parent or | 23 | | parents or other person or persons responsible for the
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| 1 | | minor's welfare have left the minor in the care of an adult | 2 | | relative for any
period of time, who the parent or parents | 3 | | or other person responsible for the minor's welfare know | 4 | | is both a mentally capable adult relative and physically | 5 | | capable adult relative, as defined by this Act; or | 6 | | (b) any minor under 18 years of age or a minor 18 years | 7 | | of age or older for whom the court has made a finding of | 8 | | probable cause to believe that the minor is abused, | 9 | | neglected, or dependent under subsection (1) of Section | 10 | | 2-10 prior to the minor's 18th birthday whose environment | 11 | | is injurious
to his or her welfare; or | 12 | | (c) any newborn infant whose blood, urine, or meconium
| 13 | | contains any amount of a
controlled substance as defined | 14 | | in subsection (f) of Section 102 of the
Illinois | 15 | | Controlled Substances Act, as now or hereafter amended, or | 16 | | a
metabolite of a controlled substance, with the exception | 17 | | of controlled
substances or metabolites of such | 18 | | substances, the presence of which in the
newborn infant is | 19 | | the result of medical treatment administered to the
mother | 20 | | or the newborn infant; or | 21 | | (d) any minor under the age of 14 years whose parent or | 22 | | other person
responsible for the minor's welfare leaves | 23 | | the minor without
supervision for an unreasonable period | 24 | | of time without regard for the mental or
physical health, | 25 | | safety, or welfare of that minor; or | 26 | | (e) any minor who has been provided with interim |
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| 1 | | crisis intervention
services under Section 3-5 of this Act | 2 | | and whose parent, guardian, or custodian
refuses to permit | 3 | | the minor to return home unless the minor is an immediate | 4 | | physical danger to himself, herself, or others living in | 5 | | the home.
| 6 | | Whether the minor was left without regard for the mental | 7 | | or physical health,
safety, or welfare of that minor or the | 8 | | period of time was unreasonable shall
be determined by | 9 | | considering the following factors, including but not limited
| 10 | | to: | 11 | | (1) the age of the minor; | 12 | | (2) the number of minors left at the location; | 13 | | (3) special needs of the minor, including whether the | 14 | | minor is a person with a physical or mental disability, or | 15 | | otherwise in need of ongoing prescribed medical
treatment | 16 | | such as periodic doses of insulin or other medications; | 17 | | (4) the duration of time in which the minor was left | 18 | | without supervision; | 19 | | (5) the condition and location of the place where the | 20 | | minor was left
without supervision; | 21 | | (6) the time of day or night when the minor was left | 22 | | without supervision; | 23 | | (7) the weather conditions, including whether the | 24 | | minor was left in a
location with adequate protection from | 25 | | the natural elements such as adequate
heat or light; | 26 | | (8) the location of the parent or guardian at the time |
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| 1 | | the minor was left
without supervision, the physical | 2 | | distance the minor was from the parent or
guardian at the | 3 | | time the minor was without supervision; | 4 | | (9) whether the minor's movement was restricted, or | 5 | | the minor was
otherwise locked within a room or other | 6 | | structure; | 7 | | (10) whether the minor was given a phone number of a | 8 | | person or location to
call in the event of an emergency and | 9 | | whether the minor was capable of making
an emergency call; | 10 | | (11) whether there was food and other provision left | 11 | | for the minor; | 12 | | (12) whether any of the conduct is attributable to | 13 | | economic hardship or
illness and the parent, guardian or | 14 | | other person having physical custody or
control of the | 15 | | child made a good faith effort to provide for the health | 16 | | and
safety of the minor; | 17 | | (13) the age and physical and mental capabilities of | 18 | | the person or persons
who provided supervision for the | 19 | | minor; | 20 | | (14) whether the minor was left under the supervision | 21 | | of another person; | 22 | | (15) any other factor that would endanger the health | 23 | | and safety of that
particular minor. | 24 | | A minor shall not be considered neglected for the sole | 25 | | reason that the
minor has been relinquished in accordance with | 26 | | the Abandoned Newborn Infant
Protection Act. |
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| 1 | | (2) Those who are abused include any minor under 18 years | 2 | | of age or a minor 18 years of age or older for whom the court | 3 | | has made a finding of probable cause to believe that the minor | 4 | | is abused, neglected, or dependent under subsection (1) of | 5 | | Section 2-10 prior to the minor's 18th birthday whose
parent | 6 | | or immediate family member, or any person responsible
for the | 7 | | minor's welfare, or any person who is in the same family or | 8 | | household
as the minor, or any individual residing in the same | 9 | | home as the minor, or
a paramour of the minor's parent: | 10 | | (i) inflicts, causes to be inflicted, or allows to be | 11 | | inflicted upon
such minor physical injury, by other than | 12 | | accidental means, which causes death,
disfigurement, | 13 | | impairment of physical or emotional health, or loss or
| 14 | | impairment of any bodily function; | 15 | | (ii) creates a substantial risk of physical injury to | 16 | | such minor by
other than accidental means which would be | 17 | | likely to cause death,
disfigurement, impairment of | 18 | | emotional health, or loss or impairment of any
bodily | 19 | | function; | 20 | | (iii) commits or allows to be committed any sex | 21 | | offense against such
minor, as such sex offenses are | 22 | | defined in the Criminal Code of 1961 or the Criminal Code | 23 | | of 2012, or in the Wrongs to Children Act, and extending | 24 | | those definitions of sex offenses to include minors
under | 25 | | 18 years of age; | 26 | | (iv) commits or allows to be committed an act or acts |
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| 1 | | of torture upon
such minor; | 2 | | (v) inflicts excessive corporal punishment; | 3 | | (vi) commits or allows to be committed the offense of | 4 | | involuntary servitude, involuntary sexual servitude of a | 5 | | minor, or trafficking in persons as defined in Section | 6 | | 10-9 of the Criminal Code of 1961 or the Criminal Code of | 7 | | 2012, upon such minor; or | 8 | | (vii) allows, encourages or requires a minor to commit | 9 | | any act of prostitution, as defined in the Criminal Code | 10 | | of 1961 or the Criminal Code of 2012, and extending those | 11 | | definitions to include minors under 18 years of age. | 12 | | A minor shall not be considered abused for the sole reason | 13 | | that the minor
has been relinquished in accordance with the | 14 | | Abandoned Newborn Infant
Protection Act. | 15 | | (3) This Section does not apply to a minor who would be | 16 | | included
herein solely for the purpose of qualifying for | 17 | | financial assistance for
himself, his parents, guardian or | 18 | | custodian. | 19 | | (4) The changes made by this amendatory Act of the 101st | 20 | | General Assembly apply to a case that is pending on or after | 21 | | the effective date of this amendatory Act of the 101st General | 22 | | Assembly. | 23 | | (5) A court shall not make a finding of probable cause that | 24 | | a minor is abused or neglected under this Section based only on | 25 | | a parent, guardian, or custodian disclosing that the parent, | 26 | | guardian, or custodian is (i) the victim of domestic violence, |
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| 1 | | as defined by the Illinois Domestic Violence Act of 1986, (ii) | 2 | | seeking or accessing services for domestic violence, and (iii) | 3 | | not living in the same home as the perpetrator of the domestic | 4 | | violence. | 5 | | (Source: P.A. 101-79, eff. 7-12-19.)
| 6 | | (705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
| 7 | | Sec. 2-10. Temporary custody hearing. At the appearance of | 8 | | the
minor before the court at the temporary custody hearing, | 9 | | all
witnesses present shall be examined before the court in | 10 | | relation to any
matter connected with the allegations made in | 11 | | the petition.
| 12 | | (1) If the court finds that there is not probable cause to | 13 | | believe
that the minor is abused, neglected or dependent it | 14 | | shall release
the minor and dismiss the petition.
| 15 | | (2) If the court finds that there is probable cause to | 16 | | believe that
the minor is abused, neglected or dependent, the | 17 | | court shall state in writing
the factual basis supporting its | 18 | | finding and the minor, his or her parent,
guardian, custodian | 19 | | and other persons able to give relevant testimony
shall be | 20 | | examined before the court. The Department of Children and
| 21 | | Family Services shall give testimony concerning indicated | 22 | | reports of abuse
and neglect, of which they are aware through | 23 | | the central registry,
involving the minor's parent, guardian | 24 | | or custodian. After such
testimony, the court may, consistent | 25 | | with
the health,
safety and best interests of the minor,
enter |
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| 1 | | an order that the minor shall be released
upon the request of | 2 | | parent, guardian or custodian if the parent, guardian
or | 3 | | custodian appears to take custody. If it is determined that a | 4 | | parent's, guardian's, or custodian's compliance with critical | 5 | | services mitigates the necessity for removal of the minor from | 6 | | his or her home, the court may enter an Order of Protection | 7 | | setting forth reasonable conditions of behavior that a parent, | 8 | | guardian, or custodian must observe for a specified period of | 9 | | time, not to exceed 12 months, without a violation; provided, | 10 | | however, that the 12-month period shall begin anew after any | 11 | | violation. "Custodian" includes the Department of Children and | 12 | | Family Services, if it has been given custody of the child, or | 13 | | any other agency of the State which has been given custody or | 14 | | wardship of the child. If it is
consistent with the health, | 15 | | safety and best interests of the
minor, the
court may also | 16 | | prescribe shelter care and
order that the minor be kept in a | 17 | | suitable place designated by the court or in
a shelter care | 18 | | facility designated by the Department of Children and Family
| 19 | | Services or a licensed child welfare
agency; however, on and | 20 | | after January 1, 2015 (the effective date of Public Act | 21 | | 98-803) and before January 1, 2017, a minor charged with a
| 22 | | criminal offense under the Criminal Code of 1961 or the | 23 | | Criminal Code of 2012 or adjudicated delinquent
shall not be | 24 | | placed in the custody of or committed to the Department of
| 25 | | Children and Family Services by any court, except a minor less | 26 | | than 16
years of age and committed to the Department of |
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| 1 | | Children and Family Services
under Section 5-710 of this Act | 2 | | or a minor for whom an independent
basis of
abuse, neglect, or | 3 | | dependency exists; and on and after January 1, 2017, a minor | 4 | | charged with a
criminal offense under the Criminal Code of | 5 | | 1961 or the Criminal Code of 2012 or adjudicated delinquent
| 6 | | shall not be placed in the custody of or committed to the | 7 | | Department of
Children and Family Services by any court, | 8 | | except a minor less than 15 years of age and committed to the | 9 | | Department of Children and Family Services
under Section 5-710 | 10 | | of this Act or a minor for whom an independent
basis of
abuse, | 11 | | neglect, or dependency exists.
An independent basis exists | 12 | | when the allegations or adjudication of abuse, neglect, or | 13 | | dependency do not arise from the same facts, incident, or | 14 | | circumstances which give rise to a charge or adjudication of | 15 | | delinquency.
| 16 | | Notwithstanding any other provision of this Section, the | 17 | | court may not enter an order to place the minor in shelter | 18 | | care, commit the minor to the Department of Children and | 19 | | Family Services, or otherwise remove the minor from the | 20 | | minor's home based on only a disclosure by the minor's parent, | 21 | | guardian, or custodian that the minor's parent, guardian, or | 22 | | custodian is (i) a victim of domestic violence, as defined by | 23 | | the Illinois Domestic Violence Act of 1986, (ii) seeking or | 24 | | accessing services for domestic violence, and (iii) not living | 25 | | in the same home as the perpetrator of the domestic violence. | 26 | | In placing the minor, the Department or other
agency |
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| 1 | | shall, to the extent
compatible with the court's order, comply | 2 | | with Section 7 of the Children and
Family Services Act.
In | 3 | | determining
the health, safety and best interests of the minor | 4 | | to prescribe shelter
care, the court must
find that it is a | 5 | | matter of immediate and urgent necessity for the safety
and | 6 | | protection
of the minor or of the person or property of another | 7 | | that the minor be placed
in a shelter care facility or that he | 8 | | or she is likely to flee the jurisdiction
of the court, and | 9 | | must further find that reasonable efforts have been made or
| 10 | | that, consistent with the health, safety and best interests of
| 11 | | the minor, no efforts reasonably can be made to
prevent or | 12 | | eliminate the necessity of removal of the minor from his or her
| 13 | | home. The court shall require documentation from the | 14 | | Department of Children and
Family Services as to the | 15 | | reasonable efforts that were made to prevent or
eliminate the | 16 | | necessity of removal of the minor from his or her home or the
| 17 | | reasons why no efforts reasonably could be made to prevent or | 18 | | eliminate the
necessity of removal. When a minor is placed in | 19 | | the home of a relative, the
Department of Children and Family | 20 | | Services shall complete a preliminary
background review of the | 21 | | members of the minor's custodian's household in
accordance | 22 | | with Section 4.3 of the Child Care Act of 1969 within 90 days | 23 | | of
that placement. If the minor is ordered placed in a shelter | 24 | | care facility of
the Department of Children and
Family | 25 | | Services or a licensed child welfare agency, the court shall, | 26 | | upon
request of the appropriate Department or other agency, |
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| 1 | | appoint the
Department of Children and Family Services | 2 | | Guardianship Administrator or
other appropriate agency | 3 | | executive temporary custodian of the minor and the
court may | 4 | | enter such other orders related to the temporary custody as it
| 5 | | deems fit and proper, including the provision of services to | 6 | | the minor or
his family to ameliorate the causes contributing | 7 | | to the finding of probable
cause or to the finding of the | 8 | | existence of immediate and urgent necessity. | 9 | | Where the Department of Children and Family Services | 10 | | Guardianship Administrator is appointed as the executive | 11 | | temporary custodian, the Department of Children and Family | 12 | | Services shall file with the court and serve on the parties a | 13 | | parent-child visiting plan, within 10 days, excluding weekends | 14 | | and holidays, after the appointment. The parent-child visiting | 15 | | plan shall set out the time and place of visits, the frequency | 16 | | of visits, the length of visits, who shall be present at the | 17 | | visits, and where appropriate, the minor's opportunities to | 18 | | have telephone and mail communication with the parents. | 19 | | Where the Department of Children and Family Services | 20 | | Guardianship Administrator is
appointed as the executive | 21 | | temporary custodian, and when the child has siblings in care,
| 22 | | the Department of Children and Family Services shall file with | 23 | | the court and serve on the
parties a sibling placement and | 24 | | contact plan within 10 days, excluding weekends and
holidays, | 25 | | after the appointment. The sibling placement and contact plan | 26 | | shall set forth
whether the siblings are placed together, and |
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| 1 | | if they are not placed together, what, if any,
efforts are | 2 | | being made to place them together. If the Department has | 3 | | determined that it is
not in a child's best interest to be | 4 | | placed with a sibling, the Department shall document in
the | 5 | | sibling placement and contact plan the basis for its | 6 | | determination. For siblings placed
separately, the sibling | 7 | | placement and contact plan shall set the time and place for | 8 | | visits,
the frequency of the visits, the length of visits, who | 9 | | shall be present for the visits, and
where appropriate, the | 10 | | child's opportunities to have contact with their siblings in | 11 | | addition to
in person contact. If the Department determines it | 12 | | is not in the best interest of a sibling to
have contact with a | 13 | | sibling, the Department shall document in the sibling | 14 | | placement and
contact plan the basis for its determination. | 15 | | The sibling placement and contact plan shall
specify a date | 16 | | for development of the Sibling Contact Support Plan, under | 17 | | subsection (f) of Section 7.4 of the Children and Family | 18 | | Services Act, and shall remain in effect until the Sibling | 19 | | Contact Support Plan is developed. | 20 | | For good cause, the court may waive the requirement to | 21 | | file the parent-child visiting plan or the sibling placement | 22 | | and contact plan, or extend the time for filing either plan. | 23 | | Any party may, by motion, request the court to review the | 24 | | parent-child visiting plan to determine whether it is | 25 | | reasonably calculated to expeditiously facilitate the | 26 | | achievement of the permanency goal. A party may, by motion, |
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| 1 | | request the court to review the parent-child visiting plan or | 2 | | the sibling placement and contact plan to determine whether it | 3 | | is consistent with the minor's best interest. The court may | 4 | | refer the parties to mediation where available. The frequency, | 5 | | duration, and locations of visitation shall be measured by the | 6 | | needs of the child and family, and not by the convenience of | 7 | | Department personnel. Child development principles shall be | 8 | | considered by the court in its analysis of how frequent | 9 | | visitation should be, how long it should last, where it should | 10 | | take place, and who should be present. If upon motion of the | 11 | | party to review either plan and after receiving evidence, the | 12 | | court determines that the parent-child visiting plan is not | 13 | | reasonably calculated to expeditiously facilitate the | 14 | | achievement of the permanency goal or that the restrictions | 15 | | placed on parent-child contact or sibling placement or contact | 16 | | are contrary to the child's best interests, the court shall | 17 | | put in writing the factual basis supporting the determination | 18 | | and enter specific findings based on the evidence. The court | 19 | | shall enter an order for the Department to implement changes | 20 | | to the parent-child visiting plan or sibling placement or | 21 | | contact plan, consistent with the court's findings. At any | 22 | | stage of proceeding, any party may by motion request the court | 23 | | to enter any orders necessary to implement the parent-child | 24 | | visiting plan, sibling placement or contact plan or | 25 | | subsequently developed Sibling Contact Support Plan. Nothing | 26 | | under this subsection (2) shall restrict the court from |
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| 1 | | granting discretionary authority to the Department to increase | 2 | | opportunities for additional parent-child contacts or sibling | 3 | | contacts, without further court orders. Nothing in this | 4 | | subsection (2) shall restrict the Department from immediately | 5 | | restricting or terminating parent-child contact or sibling | 6 | | contacts, without either amending the parent-child visiting | 7 | | plan or the sibling contact plan or obtaining a court order, | 8 | | where the Department or its assigns reasonably believe there | 9 | | is an immediate need to protect the child's health, safety, | 10 | | and welfare. Such restrictions or terminations must be based | 11 | | on available facts to the Department and its assigns when | 12 | | viewed in light of the surrounding circumstances and shall | 13 | | only occur on an individual case-by-case basis. The Department | 14 | | shall file with the court and serve on the parties any | 15 | | amendments to the plan within 10 days, excluding weekends and | 16 | | holidays, of the change of the visitation. | 17 | | Acceptance of services shall not be considered an | 18 | | admission of any
allegation in a petition made pursuant to | 19 | | this Act, nor may a referral of
services be considered as | 20 | | evidence in any proceeding pursuant to this Act,
except where | 21 | | the issue is whether the Department has made reasonable
| 22 | | efforts to reunite the family. In making its findings that it | 23 | | is
consistent with the health, safety and best
interests of | 24 | | the minor to prescribe shelter care, the court shall state in
| 25 | | writing (i) the factual basis supporting its findings | 26 | | concerning the
immediate and urgent necessity for the |
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| 1 | | protection of the minor or of the person
or property of another | 2 | | and (ii) the factual basis supporting its findings that
| 3 | | reasonable efforts were made to prevent or eliminate the | 4 | | removal of the minor
from his or her home or that no efforts | 5 | | reasonably could be made to prevent or
eliminate the removal | 6 | | of the minor from his or her home. The
parents, guardian, | 7 | | custodian, temporary custodian and minor shall each be
| 8 | | furnished a copy of such written findings. The temporary | 9 | | custodian shall
maintain a copy of the court order and written | 10 | | findings in the case record
for the child. The order together | 11 | | with the court's findings of fact in
support thereof shall be | 12 | | entered of record in the court.
| 13 | | Once the court finds that it is a matter of immediate and | 14 | | urgent necessity
for the protection of the minor that the | 15 | | minor be placed in a shelter care
facility, the minor shall not | 16 | | be returned to the parent, custodian or guardian
until the | 17 | | court finds that such placement is no longer necessary for the
| 18 | | protection of the minor.
| 19 | | If the child is placed in the temporary custody of the | 20 | | Department of
Children
and Family
Services for his or her | 21 | | protection, the court shall admonish the parents,
guardian,
| 22 | | custodian or responsible relative that the parents must | 23 | | cooperate with the
Department of Children and Family Services, | 24 | | comply
with the terms of the service plans, and correct the | 25 | | conditions which require
the child to be in care, or risk | 26 | | termination of their parental
rights. The court shall ensure, |
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| 1 | | by inquiring in open court of each parent, guardian, custodian | 2 | | or responsible relative, that the parent, guardian, custodian | 3 | | or responsible relative has had the opportunity to provide the | 4 | | Department with all known names, addresses, and telephone | 5 | | numbers of each of the minor's living maternal and paternal | 6 | | adult relatives, including, but not limited to, grandparents, | 7 | | aunts, uncles, and siblings. The court shall advise the | 8 | | parents, guardian, custodian or responsible relative to inform | 9 | | the Department if additional information regarding the minor's | 10 | | adult relatives becomes available.
| 11 | | (3) If prior to the shelter care hearing for a minor | 12 | | described in Sections
2-3, 2-4, 3-3 and 4-3 the moving party is | 13 | | unable to serve notice on the
party respondent, the shelter | 14 | | care hearing may proceed ex parte. A shelter
care order from an | 15 | | ex parte hearing shall be endorsed with the date and
hour of | 16 | | issuance and shall be filed with the clerk's office and | 17 | | entered of
record. The order shall expire after 10 days from | 18 | | the time it is issued
unless before its expiration it is | 19 | | renewed, at a hearing upon appearance
of the party respondent, | 20 | | or upon an affidavit of the moving party as to all
diligent | 21 | | efforts to notify the party respondent by notice as herein
| 22 | | prescribed. The notice prescribed shall be in writing and | 23 | | shall be
personally delivered to the minor or the minor's | 24 | | attorney and to the last
known address of the other person or | 25 | | persons entitled to notice. The
notice shall also state the | 26 | | nature of the allegations, the nature of the
order sought by |
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| 1 | | the State, including whether temporary custody is sought,
and | 2 | | the consequences of failure to appear and shall contain a | 3 | | notice
that the parties will not be entitled to further | 4 | | written notices or publication
notices of proceedings in this | 5 | | case, including the filing of an amended
petition or a motion | 6 | | to terminate parental rights, except as required by
Supreme | 7 | | Court Rule 11; and shall explain the
right of
the parties and | 8 | | the procedures to vacate or modify a shelter care order as
| 9 | | provided in this Section. The notice for a shelter care | 10 | | hearing shall be
substantially as follows:
| 11 | | NOTICE TO PARENTS AND CHILDREN
| 12 | | OF SHELTER CARE HEARING
| 13 | | On ................ at ........., before the Honorable | 14 | | ................,
(address:) ................., the State | 15 | | of Illinois will present evidence
(1) that (name of child | 16 | | or children) ....................... are abused,
neglected | 17 | | or dependent for the following reasons:
| 18 | | ..............................................
and (2) | 19 | | whether there is "immediate and urgent necessity" to | 20 | | remove the child
or children from the responsible | 21 | | relative.
| 22 | | YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN | 23 | | PLACEMENT of the
child or children in foster care until a | 24 | | trial can be held. A trial may
not be held for up to 90 | 25 | | days. You will not be entitled to further notices
of | 26 | | proceedings in this case, including the filing of an |
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| 1 | | amended petition or a
motion to terminate parental rights.
| 2 | | At the shelter care hearing, parents have the | 3 | | following rights:
| 4 | | 1. To ask the court to appoint a lawyer if they | 5 | | cannot afford one.
| 6 | | 2. To ask the court to continue the hearing to | 7 | | allow them time to
prepare.
| 8 | | 3. To present evidence concerning:
| 9 | | a. Whether or not the child or children were | 10 | | abused, neglected
or dependent.
| 11 | | b. Whether or not there is "immediate and | 12 | | urgent necessity" to remove
the child from home | 13 | | (including: their ability to care for the child,
| 14 | | conditions in the home, alternative means of | 15 | | protecting the child other
than removal).
| 16 | | c. The best interests of the child.
| 17 | | 4. To cross examine the State's witnesses.
| 18 | | The Notice for rehearings shall be substantially as | 19 | | follows:
| 20 | | NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
| 21 | | TO REHEARING ON TEMPORARY CUSTODY
| 22 | | If you were not present at and did not have adequate | 23 | | notice of the
Shelter Care Hearing at which temporary | 24 | | custody of ............... was
awarded to | 25 | | ................, you have the right to request a full |
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| 1 | | rehearing
on whether the State should have temporary | 2 | | custody of ................. To
request this rehearing, | 3 | | you must file with the Clerk of the Juvenile Court
| 4 | | (address): ........................, in person or by | 5 | | mailing a statement
(affidavit) setting forth the | 6 | | following:
| 7 | | 1. That you were not present at the shelter care | 8 | | hearing.
| 9 | | 2. That you did not get adequate notice | 10 | | (explaining how the notice
was inadequate).
| 11 | | 3. Your signature.
| 12 | | 4. Signature must be notarized.
| 13 | | The rehearing should be scheduled within 48 hours of | 14 | | your filing this
affidavit.
| 15 | | At the rehearing, your rights are the same as at the | 16 | | initial shelter care
hearing. The enclosed notice explains | 17 | | those rights.
| 18 | | At the Shelter Care Hearing, children have the | 19 | | following rights:
| 20 | | 1. To have a guardian ad litem appointed.
| 21 | | 2. To be declared competent as a witness and to | 22 | | present testimony
concerning:
| 23 | | a. Whether they are abused, neglected or | 24 | | dependent.
| 25 | | b. Whether there is "immediate and urgent | 26 | | necessity" to be
removed from home.
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| 1 | | c. Their best interests.
| 2 | | 3. To cross examine witnesses for other parties.
| 3 | | 4. To obtain an explanation of any proceedings and | 4 | | orders of the
court.
| 5 | | (4) If the parent, guardian, legal custodian, responsible | 6 | | relative,
minor age 8 or over, or counsel of the minor did not | 7 | | have actual notice of
or was not present at the shelter care | 8 | | hearing, he or she may file an
affidavit setting forth these | 9 | | facts, and the clerk shall set the matter for
rehearing not | 10 | | later than 48 hours, excluding Sundays and legal holidays,
| 11 | | after the filing of the affidavit. At the rehearing, the court | 12 | | shall
proceed in the same manner as upon the original hearing.
| 13 | | (5) Only when there is reasonable cause to believe that | 14 | | the minor
taken into custody is a person described in | 15 | | subsection (3) of Section
5-105 may the minor be
kept or | 16 | | detained in a detention home or county or municipal jail. This
| 17 | | Section shall in no way be construed to limit subsection (6).
| 18 | | (6) No minor under 16 years of age may be confined in a | 19 | | jail or place
ordinarily used for the confinement of prisoners | 20 | | in a police station. Minors
under 18 years of age must be kept | 21 | | separate from confined adults and may
not at any time be kept | 22 | | in the same cell, room, or yard with adults confined
pursuant | 23 | | to the criminal law.
| 24 | | (7) If the minor is not brought before a judicial officer | 25 | | within the
time period as specified in Section 2-9, the minor | 26 | | must immediately be
released from custody.
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| 1 | | (8) If neither the parent, guardian or custodian appears | 2 | | within 24
hours to take custody of a minor released upon | 3 | | request pursuant to
subsection (2) of this Section, then the | 4 | | clerk of the court shall set the
matter for rehearing not later | 5 | | than 7 days after the original order and
shall issue a summons | 6 | | directed to the parent, guardian or custodian to
appear. At | 7 | | the same time the probation department shall prepare a report
| 8 | | on the minor. If a parent, guardian or custodian does not | 9 | | appear at such
rehearing, the judge may enter an order | 10 | | prescribing that the minor be kept
in a suitable place | 11 | | designated by the Department of Children and Family
Services | 12 | | or a licensed child welfare agency.
| 13 | | (9) Notwithstanding any other provision of this
Section | 14 | | any interested party, including the State, the temporary
| 15 | | custodian, an agency providing services to the minor or family | 16 | | under a
service plan pursuant to Section 8.2 of the Abused and | 17 | | Neglected Child
Reporting Act, foster parent, or any of their | 18 | | representatives, on notice
to all parties entitled to notice, | 19 | | may file a motion that it is in the best
interests of the minor | 20 | | to modify or vacate a
temporary custody order on any of the | 21 | | following grounds:
| 22 | | (a) It is no longer a matter of immediate and urgent | 23 | | necessity that the
minor remain in shelter care; or
| 24 | | (b) There is a material change in the circumstances of | 25 | | the natural
family from which the minor was removed and | 26 | | the child can be cared for at
home without endangering the |
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| 1 | | child's health or safety; or
| 2 | | (c) A person not a party to the alleged abuse, neglect | 3 | | or dependency,
including a parent, relative or legal | 4 | | guardian, is capable of assuming
temporary custody of the | 5 | | minor; or
| 6 | | (d) Services provided by the Department of Children | 7 | | and Family Services
or a child welfare agency or other | 8 | | service provider have been successful in
eliminating the | 9 | | need for temporary custody and the child can be cared for | 10 | | at
home without endangering the child's health or safety.
| 11 | | In ruling on the motion, the court shall determine whether | 12 | | it is consistent
with the health, safety and best interests of | 13 | | the minor to modify
or vacate a temporary custody order. If the
| 14 | | minor is being restored to the custody of a parent, legal | 15 | | custodian, or guardian who lives
outside of Illinois, and an | 16 | | Interstate Compact has been requested and refused, the court | 17 | | may order the
Department of Children and Family Services to | 18 | | arrange for an assessment of the minor's
proposed living | 19 | | arrangement and for ongoing monitoring of the health, safety, | 20 | | and best
interest of the minor and compliance with any order of | 21 | | protective supervision entered in
accordance with Section 2-20 | 22 | | or 2-25.
| 23 | | The clerk shall set the matter for hearing not later than | 24 | | 14 days after
such motion is filed. In the event that the court | 25 | | modifies or vacates a
temporary custody order but does not | 26 | | vacate its finding of probable cause,
the court may order that |
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| 1 | | appropriate services be continued or initiated in
behalf of | 2 | | the minor and his or her family.
| 3 | | (10) When the court finds or has found that there is | 4 | | probable cause to
believe a minor is an abused minor as | 5 | | described in subsection (2) of Section
2-3
and that there is an | 6 | | immediate and urgent necessity for the abused minor to be
| 7 | | placed in shelter care, immediate and urgent necessity shall | 8 | | be presumed for
any other minor residing in the same household | 9 | | as the abused minor provided:
| 10 | | (a) Such other minor is the subject of an abuse or | 11 | | neglect petition
pending before the court; and
| 12 | | (b) A party to the petition is seeking shelter care | 13 | | for such other minor.
| 14 | | Once the presumption of immediate and urgent necessity has | 15 | | been raised, the
burden of demonstrating the lack of immediate | 16 | | and urgent necessity shall be on
any party that is opposing | 17 | | shelter care for the other minor.
| 18 | | (11) The changes made to this Section by Public Act 98-61 | 19 | | apply to a minor who has been
arrested or taken into custody on | 20 | | or after January 1, 2014 (the effective date
of Public Act | 21 | | 98-61). | 22 | | (12) After the court has placed a minor in the care of a | 23 | | temporary custodian pursuant to this Section, any party may | 24 | | file a motion requesting the court to grant the temporary | 25 | | custodian the authority to serve as a surrogate decision maker | 26 | | for the minor under the Health Care Surrogate Act for purposes |
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| 1 | | of making decisions pursuant to paragraph (1) of subsection | 2 | | (b) of Section 20 of the Health Care Surrogate Act. The court | 3 | | may grant the motion if it determines by clear and convincing | 4 | | evidence that it is in the best interests of the minor to grant | 5 | | the temporary custodian such authority. In making its | 6 | | determination, the court shall weigh the following factors in | 7 | | addition to considering the best interests factors listed in | 8 | | subsection (4.05) of Section 1-3 of this Act: | 9 | | (a) the efforts to identify and locate the respondents | 10 | | and adult family members of the minor and the results of | 11 | | those efforts; | 12 | | (b) the efforts to engage the respondents and adult | 13 | | family members of the minor in decision making on behalf | 14 | | of the minor; | 15 | | (c) the length of time the efforts in paragraphs (a) | 16 | | and (b) have been ongoing; | 17 | | (d) the relationship between the respondents and adult | 18 | | family members and the minor; | 19 | | (e) medical testimony regarding the extent to which | 20 | | the minor is suffering and the impact of a delay in | 21 | | decision-making on the minor; and | 22 | | (f) any other factor the court deems relevant. | 23 | | If the Department of Children and Family Services is the | 24 | | temporary custodian of the minor, in addition to the | 25 | | requirements of paragraph (1) of subsection (b) of Section 20 | 26 | | of the Health Care Surrogate Act, the Department shall follow |
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| 1 | | its rules and procedures in exercising authority granted under | 2 | | this subsection. | 3 | | (Source: P.A. 102-489, eff. 8-20-21; 102-502, eff. 1-1-22; | 4 | | revised 10-14-21.)
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