Illinois General Assembly - Full Text of HB4964
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Full Text of HB4964  102nd General Assembly

HB4964eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB4964 EngrossedLRB102 25433 LNS 34719 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 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
7or physical health, safety, or welfare of that minor or the
8period of time was unreasonable shall be determined by
9considering the following factors, including but not limited
10to:
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
25reason that the minor has been relinquished in accordance with
26the Abandoned Newborn Infant Protection Act.

 

 

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1    (2) Those who are abused include any minor under 18 years
2of age or a minor 18 years of age or older for whom the court
3has made a finding of probable cause to believe that the minor
4is abused, neglected, or dependent under subsection (1) of
5Section 2-10 prior to the minor's 18th birthday whose parent
6or immediate family member, or any person responsible for the
7minor's welfare, or any person who is in the same family or
8household as the minor, or any individual residing in the same
9home 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
13that the minor has been relinquished in accordance with the
14Abandoned Newborn Infant Protection Act.
15    (3) This Section does not apply to a minor who would be
16included herein solely for the purpose of qualifying for
17financial assistance for himself, his parents, guardian or
18custodian.
19    (4) The changes made by this amendatory Act of the 101st
20General Assembly apply to a case that is pending on or after
21the effective date of this amendatory Act of the 101st General
22Assembly.
23    (5) A court shall not make a finding of probable cause that
24a minor is abused or neglected under this Section based only on
25a parent, guardian, or custodian disclosing that the parent,
26guardian, or custodian is (i) the victim of domestic violence,

 

 

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1as defined by the Illinois Domestic Violence Act of 1986, (ii)
2seeking or accessing services for domestic violence, and (iii)
3not living in the same home as the perpetrator of the domestic
4violence.
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
8the minor before the court at the temporary custody hearing,
9all witnesses present shall be examined before the court in
10relation to any matter connected with the allegations made in
11the petition.
12    (1) If the court finds that there is not probable cause to
13believe that the minor is abused, neglected or dependent it
14shall release the minor and dismiss the petition.
15    (2) If the court finds that there is probable cause to
16believe that the minor is abused, neglected or dependent, the
17court shall state in writing the factual basis supporting its
18finding and the minor, his or her parent, guardian, custodian
19and other persons able to give relevant testimony shall be
20examined before the court. The Department of Children and
21Family Services shall give testimony concerning indicated
22reports of abuse and neglect, of which they are aware through
23the central registry, involving the minor's parent, guardian
24or custodian. After such testimony, the court may, consistent
25with the health, safety and best interests of the minor, enter

 

 

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1an order that the minor shall be released upon the request of
2parent, guardian or custodian if the parent, guardian or
3custodian appears to take custody. If it is determined that a
4parent's, guardian's, or custodian's compliance with critical
5services mitigates the necessity for removal of the minor from
6his or her home, the court may enter an Order of Protection
7setting forth reasonable conditions of behavior that a parent,
8guardian, or custodian must observe for a specified period of
9time, not to exceed 12 months, without a violation; provided,
10however, that the 12-month period shall begin anew after any
11violation. "Custodian" includes the Department of Children and
12Family Services, if it has been given custody of the child, or
13any other agency of the State which has been given custody or
14wardship of the child. If it is consistent with the health,
15safety and best interests of the minor, the court may also
16prescribe shelter care and order that the minor be kept in a
17suitable place designated by the court or in a shelter care
18facility designated by the Department of Children and Family
19Services or a licensed child welfare agency; however, on and
20after January 1, 2015 (the effective date of Public Act
2198-803) and before January 1, 2017, a minor charged with a
22criminal offense under the Criminal Code of 1961 or the
23Criminal Code of 2012 or adjudicated delinquent shall not be
24placed in the custody of or committed to the Department of
25Children and Family Services by any court, except a minor less
26than 16 years of age and committed to the Department of

 

 

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1Children and Family Services under Section 5-710 of this Act
2or a minor for whom an independent basis of abuse, neglect, or
3dependency exists; and on and after January 1, 2017, a minor
4charged with a criminal offense under the Criminal Code of
51961 or the Criminal Code of 2012 or adjudicated delinquent
6shall not be placed in the custody of or committed to the
7Department of Children and Family Services by any court,
8except a minor less than 15 years of age and committed to the
9Department of Children and Family Services under Section 5-710
10of this Act or a minor for whom an independent basis of abuse,
11neglect, or dependency exists. An independent basis exists
12when the allegations or adjudication of abuse, neglect, or
13dependency do not arise from the same facts, incident, or
14circumstances which give rise to a charge or adjudication of
15delinquency.
16    Notwithstanding any other provision of this Section, the
17court may not enter an order to place the minor in shelter
18care, commit the minor to the Department of Children and
19Family Services, or otherwise remove the minor from the
20minor's home based on only a disclosure by the minor's parent,
21guardian, or custodian that the minor's parent, guardian, or
22custodian is (i) a victim of domestic violence, as defined by
23the Illinois Domestic Violence Act of 1986, (ii) seeking or
24accessing services for domestic violence, and (iii) not living
25in the same home as the perpetrator of the domestic violence.
26    In placing the minor, the Department or other agency

 

 

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1shall, to the extent compatible with the court's order, comply
2with Section 7 of the Children and Family Services Act. In
3determining the health, safety and best interests of the minor
4to prescribe shelter care, the court must find that it is a
5matter of immediate and urgent necessity for the safety and
6protection of the minor or of the person or property of another
7that the minor be placed in a shelter care facility or that he
8or she is likely to flee the jurisdiction of the court, and
9must further find that reasonable efforts have been made or
10that, consistent with the health, safety and best interests of
11the minor, no efforts reasonably can be made to prevent or
12eliminate the necessity of removal of the minor from his or her
13home. The court shall require documentation from the
14Department of Children and Family Services as to the
15reasonable efforts that were made to prevent or eliminate the
16necessity of removal of the minor from his or her home or the
17reasons why no efforts reasonably could be made to prevent or
18eliminate the necessity of removal. When a minor is placed in
19the home of a relative, the Department of Children and Family
20Services shall complete a preliminary background review of the
21members of the minor's custodian's household in accordance
22with Section 4.3 of the Child Care Act of 1969 within 90 days
23of that placement. If the minor is ordered placed in a shelter
24care facility of the Department of Children and Family
25Services or a licensed child welfare agency, the court shall,
26upon request of the appropriate Department or other agency,

 

 

HB4964 Engrossed- 11 -LRB102 25433 LNS 34719 b

1appoint the Department of Children and Family Services
2Guardianship Administrator or other appropriate agency
3executive temporary custodian of the minor and the court may
4enter such other orders related to the temporary custody as it
5deems fit and proper, including the provision of services to
6the minor or his family to ameliorate the causes contributing
7to the finding of probable cause or to the finding of the
8existence of immediate and urgent necessity.
9    Where the Department of Children and Family Services
10Guardianship Administrator is appointed as the executive
11temporary custodian, the Department of Children and Family
12Services shall file with the court and serve on the parties a
13parent-child visiting plan, within 10 days, excluding weekends
14and holidays, after the appointment. The parent-child visiting
15plan shall set out the time and place of visits, the frequency
16of visits, the length of visits, who shall be present at the
17visits, and where appropriate, the minor's opportunities to
18have telephone and mail communication with the parents.
19    Where the Department of Children and Family Services
20Guardianship Administrator is appointed as the executive
21temporary custodian, and when the child has siblings in care,
22the Department of Children and Family Services shall file with
23the court and serve on the parties a sibling placement and
24contact plan within 10 days, excluding weekends and holidays,
25after the appointment. The sibling placement and contact plan
26shall set forth whether the siblings are placed together, and

 

 

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1if they are not placed together, what, if any, efforts are
2being made to place them together. If the Department has
3determined that it is not in a child's best interest to be
4placed with a sibling, the Department shall document in the
5sibling placement and contact plan the basis for its
6determination. For siblings placed separately, the sibling
7placement and contact plan shall set the time and place for
8visits, the frequency of the visits, the length of visits, who
9shall be present for the visits, and where appropriate, the
10child's opportunities to have contact with their siblings in
11addition to in person contact. If the Department determines it
12is not in the best interest of a sibling to have contact with a
13sibling, the Department shall document in the sibling
14placement and contact plan the basis for its determination.
15The sibling placement and contact plan shall specify a date
16for development of the Sibling Contact Support Plan, under
17subsection (f) of Section 7.4 of the Children and Family
18Services Act, and shall remain in effect until the Sibling
19Contact Support Plan is developed.
20    For good cause, the court may waive the requirement to
21file the parent-child visiting plan or the sibling placement
22and contact plan, or extend the time for filing either plan.
23Any party may, by motion, request the court to review the
24parent-child visiting plan to determine whether it is
25reasonably calculated to expeditiously facilitate the
26achievement of the permanency goal. A party may, by motion,

 

 

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1request the court to review the parent-child visiting plan or
2the sibling placement and contact plan to determine whether it
3is consistent with the minor's best interest. The court may
4refer the parties to mediation where available. The frequency,
5duration, and locations of visitation shall be measured by the
6needs of the child and family, and not by the convenience of
7Department personnel. Child development principles shall be
8considered by the court in its analysis of how frequent
9visitation should be, how long it should last, where it should
10take place, and who should be present. If upon motion of the
11party to review either plan and after receiving evidence, the
12court determines that the parent-child visiting plan is not
13reasonably calculated to expeditiously facilitate the
14achievement of the permanency goal or that the restrictions
15placed on parent-child contact or sibling placement or contact
16are contrary to the child's best interests, the court shall
17put in writing the factual basis supporting the determination
18and enter specific findings based on the evidence. The court
19shall enter an order for the Department to implement changes
20to the parent-child visiting plan or sibling placement or
21contact plan, consistent with the court's findings. At any
22stage of proceeding, any party may by motion request the court
23to enter any orders necessary to implement the parent-child
24visiting plan, sibling placement or contact plan or
25subsequently developed Sibling Contact Support Plan. Nothing
26under this subsection (2) shall restrict the court from

 

 

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1granting discretionary authority to the Department to increase
2opportunities for additional parent-child contacts or sibling
3contacts, without further court orders. Nothing in this
4subsection (2) shall restrict the Department from immediately
5restricting or terminating parent-child contact or sibling
6contacts, without either amending the parent-child visiting
7plan or the sibling contact plan or obtaining a court order,
8where the Department or its assigns reasonably believe there
9is an immediate need to protect the child's health, safety,
10and welfare. Such restrictions or terminations must be based
11on available facts to the Department and its assigns when
12viewed in light of the surrounding circumstances and shall
13only occur on an individual case-by-case basis. The Department
14shall file with the court and serve on the parties any
15amendments to the plan within 10 days, excluding weekends and
16holidays, of the change of the visitation.
17    Acceptance of services shall not be considered an
18admission of any allegation in a petition made pursuant to
19this Act, nor may a referral of services be considered as
20evidence in any proceeding pursuant to this Act, except where
21the issue is whether the Department has made reasonable
22efforts to reunite the family. In making its findings that it
23is consistent with the health, safety and best interests of
24the minor to prescribe shelter care, the court shall state in
25writing (i) the factual basis supporting its findings
26concerning the immediate and urgent necessity for the

 

 

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1protection of the minor or of the person or property of another
2and (ii) the factual basis supporting its findings that
3reasonable efforts were made to prevent or eliminate the
4removal of the minor from his or her home or that no efforts
5reasonably could be made to prevent or eliminate the removal
6of the minor from his or her home. The parents, guardian,
7custodian, temporary custodian and minor shall each be
8furnished a copy of such written findings. The temporary
9custodian shall maintain a copy of the court order and written
10findings in the case record for the child. The order together
11with the court's findings of fact in support thereof shall be
12entered of record in the court.
13    Once the court finds that it is a matter of immediate and
14urgent necessity for the protection of the minor that the
15minor be placed in a shelter care facility, the minor shall not
16be returned to the parent, custodian or guardian until the
17court finds that such placement is no longer necessary for the
18protection of the minor.
19    If the child is placed in the temporary custody of the
20Department of Children and Family Services for his or her
21protection, the court shall admonish the parents, guardian,
22custodian or responsible relative that the parents must
23cooperate with the Department of Children and Family Services,
24comply with the terms of the service plans, and correct the
25conditions which require the child to be in care, or risk
26termination of their parental rights. The court shall ensure,

 

 

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1by inquiring in open court of each parent, guardian, custodian
2or responsible relative, that the parent, guardian, custodian
3or responsible relative has had the opportunity to provide the
4Department with all known names, addresses, and telephone
5numbers of each of the minor's living maternal and paternal
6adult relatives, including, but not limited to, grandparents,
7aunts, uncles, and siblings. The court shall advise the
8parents, guardian, custodian or responsible relative to inform
9the Department if additional information regarding the minor's
10adult relatives becomes available.
11    (3) If prior to the shelter care hearing for a minor
12described in Sections 2-3, 2-4, 3-3 and 4-3 the moving party is
13unable to serve notice on the party respondent, the shelter
14care hearing may proceed ex parte. A shelter care order from an
15ex parte hearing shall be endorsed with the date and hour of
16issuance and shall be filed with the clerk's office and
17entered of record. The order shall expire after 10 days from
18the time it is issued unless before its expiration it is
19renewed, at a hearing upon appearance of the party respondent,
20or upon an affidavit of the moving party as to all diligent
21efforts to notify the party respondent by notice as herein
22prescribed. The notice prescribed shall be in writing and
23shall be personally delivered to the minor or the minor's
24attorney and to the last known address of the other person or
25persons entitled to notice. The notice shall also state the
26nature of the allegations, the nature of the order sought by

 

 

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1the State, including whether temporary custody is sought, and
2the consequences of failure to appear and shall contain a
3notice that the parties will not be entitled to further
4written notices or publication notices of proceedings in this
5case, including the filing of an amended petition or a motion
6to terminate parental rights, except as required by Supreme
7Court Rule 11; and shall explain the right of the parties and
8the procedures to vacate or modify a shelter care order as
9provided in this Section. The notice for a shelter care
10hearing 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
19follows:
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.

 

 

HB4964 Engrossed- 20 -LRB102 25433 LNS 34719 b

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
6relative, minor age 8 or over, or counsel of the minor did not
7have actual notice of or was not present at the shelter care
8hearing, he or she may file an affidavit setting forth these
9facts, and the clerk shall set the matter for rehearing not
10later than 48 hours, excluding Sundays and legal holidays,
11after the filing of the affidavit. At the rehearing, the court
12shall proceed in the same manner as upon the original hearing.
13    (5) Only when there is reasonable cause to believe that
14the minor taken into custody is a person described in
15subsection (3) of Section 5-105 may the minor be kept or
16detained in a detention home or county or municipal jail. This
17Section shall in no way be construed to limit subsection (6).
18    (6) No minor under 16 years of age may be confined in a
19jail or place ordinarily used for the confinement of prisoners
20in a police station. Minors under 18 years of age must be kept
21separate from confined adults and may not at any time be kept
22in the same cell, room, or yard with adults confined pursuant
23to the criminal law.
24    (7) If the minor is not brought before a judicial officer
25within the time period as specified in Section 2-9, the minor
26must immediately be released from custody.

 

 

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1    (8) If neither the parent, guardian or custodian appears
2within 24 hours to take custody of a minor released upon
3request pursuant to subsection (2) of this Section, then the
4clerk of the court shall set the matter for rehearing not later
5than 7 days after the original order and shall issue a summons
6directed to the parent, guardian or custodian to appear. At
7the same time the probation department shall prepare a report
8on the minor. If a parent, guardian or custodian does not
9appear at such rehearing, the judge may enter an order
10prescribing that the minor be kept in a suitable place
11designated by the Department of Children and Family Services
12or a licensed child welfare agency.
13    (9) Notwithstanding any other provision of this Section
14any interested party, including the State, the temporary
15custodian, an agency providing services to the minor or family
16under a service plan pursuant to Section 8.2 of the Abused and
17Neglected Child Reporting Act, foster parent, or any of their
18representatives, on notice to all parties entitled to notice,
19may file a motion that it is in the best interests of the minor
20to modify or vacate a temporary custody order on any of the
21following 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
12it is consistent with the health, safety and best interests of
13the minor to modify or vacate a temporary custody order. If the
14minor is being restored to the custody of a parent, legal
15custodian, or guardian who lives outside of Illinois, and an
16Interstate Compact has been requested and refused, the court
17may order the Department of Children and Family Services to
18arrange for an assessment of the minor's proposed living
19arrangement and for ongoing monitoring of the health, safety,
20and best interest of the minor and compliance with any order of
21protective supervision entered in accordance with Section 2-20
22or 2-25.
23    The clerk shall set the matter for hearing not later than
2414 days after such motion is filed. In the event that the court
25modifies or vacates a temporary custody order but does not
26vacate its finding of probable cause, the court may order that

 

 

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1appropriate services be continued or initiated in behalf of
2the minor and his or her family.
3    (10) When the court finds or has found that there is
4probable cause to believe a minor is an abused minor as
5described in subsection (2) of Section 2-3 and that there is an
6immediate and urgent necessity for the abused minor to be
7placed in shelter care, immediate and urgent necessity shall
8be presumed for any other minor residing in the same household
9as 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
15been raised, the burden of demonstrating the lack of immediate
16and urgent necessity shall be on any party that is opposing
17shelter care for the other minor.
18    (11) The changes made to this Section by Public Act 98-61
19apply to a minor who has been arrested or taken into custody on
20or after January 1, 2014 (the effective date of Public Act
2198-61).
22    (12) After the court has placed a minor in the care of a
23temporary custodian pursuant to this Section, any party may
24file a motion requesting the court to grant the temporary
25custodian the authority to serve as a surrogate decision maker
26for the minor under the Health Care Surrogate Act for purposes

 

 

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1of making decisions pursuant to paragraph (1) of subsection
2(b) of Section 20 of the Health Care Surrogate Act. The court
3may grant the motion if it determines by clear and convincing
4evidence that it is in the best interests of the minor to grant
5the temporary custodian such authority. In making its
6determination, the court shall weigh the following factors in
7addition to considering the best interests factors listed in
8subsection (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
24temporary custodian of the minor, in addition to the
25requirements of paragraph (1) of subsection (b) of Section 20
26of the Health Care Surrogate Act, the Department shall follow

 

 

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1its rules and procedures in exercising authority granted under
2this subsection.
3(Source: P.A. 102-489, eff. 8-20-21; 102-502, eff. 1-1-22;
4revised 10-14-21.)