093_HB3464

 
                                     LRB093 11168 MKM 12101 b

 1        AN ACT in relation to children.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The  Children  and  Family  Services  Act  is
 5    amended by adding Section 35.7 as follows:

 6        (20 ILCS 505/35.7 new)
 7        Sec.  35.7.  Citizen  Review  Panel.  The  Department  of
 8    Children  and Family Services shall establish a pilot Citizen
 9    Review  Panel  in  Cook   County   following   the   National
10    Association   of   Foster   Care  Reviewers'  guidelines  for
11    independent review. The Citizen Review  Panel  shall  include
12    volunteer   citizens   who   shall   be  selected  using  the
13    qualifications developed by the Department.
14        An Administrator who is a paid child welfare professional
15    with experience  in  foster  care  review  shall  manage  the
16    Citizen  Review  Panel.  The  University of Illinois Research
17    Center  shall  develop  outcomes  for  the   review   process
18    consistent  with  the  outcomes  of  the  administrative case
19    review process and provide a  written  report  for  community
20    review.
21        The  Citizen  Review  Panel shall have at least 3 but not
22    more than 5 members who are parents, foster  parents,  former
23    wards,  or  adoptive  parents. At least one member shall be a
24    child welfare professional.
25        Volunteer members of the Citizen Review  Panel  shall  be
26    reimbursed   for  travel  expenses  and  provided  continuous
27    training arranged by the Foster Care Review Administrator.
28        Any parent within the pilot area who has participated  in
29    and  has  raised  concerns  at the administrative case review
30    process that resulted in a goal change from  return  home  to
31    substitute care pending a legal decision may request a review
 
                            -2-      LRB093 11168 MKM 12101 b
 1    by the Citizen Review Panel. The safety and permanency of the
 2    child  shall  be of paramount concern in the review. A review
 3    shall be scheduled within 14 days of the administrative  case
 4    review.  All  participants  in the administrative case review
 5    shall be invited to the Citizen Review and shall be  notified
 6    by registered mail, return receipt requested. The parents and
 7    the caseworker and supervisor must participate in the Citizen
 8    Review  Panel process. The Citizen Review Panel shall provide
 9    a written summary to the participants at  the  conclusion  of
10    the  review.  If the recommendations are different from those
11    of the administrative case review, the caseworker, supervisor
12    and family shall have a family meeting within 5 working  days
13    to   revise   the   service   plan   and   goal,   using  the
14    recommendations  from   the   Citizen   Review   Panel.   The
15    recommendations   of   the  Citizen  Review  Panel  shall  be
16    consistent with law and with  rules  and  procedures  of  the
17    Department.  The case shall be rescheduled within 60 days for
18    an administrative case review to ensure that the revised plan
19    adheres to rules, procedures, and laws.  The  Citizen  Review
20    Panel  may  give the Director of Children and Family Services
21    recommendations for changes to rules, procedures, and laws.

22        Section 10.  The Juvenile Court Act of 1987 is amended by
23    changing Section 2-28 as follows:

24        (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
25        Sec. 2-28. Court review.
26        (1)  The  court  may  require  any  legal  custodian   or
27    guardian  of  the  person  appointed under this Act to report
28    periodically to the court or may  cite  him  into  court  and
29    require him or his agency, to make a full and accurate report
30    of  his  or its doings in behalf of the minor.  The custodian
31    or guardian, within 10 days after such citation,  shall  make
32    the report, either in writing verified by affidavit or orally
 
                            -3-      LRB093 11168 MKM 12101 b
 1    under  oath in open court, or otherwise as the court directs.
 2    Upon the hearing of the  report  the  court  may  remove  the
 3    custodian  or  guardian  and  appoint another in his stead or
 4    restore the minor to the custody of  his  parents  or  former
 5    guardian  or  custodian.  However, custody of the minor shall
 6    not be restored to any parent, guardian or legal custodian in
 7    any case in which the minor  is  found  to  be  neglected  or
 8    abused  under  Section  2-3 or dependent under Section 2-4 of
 9    this Act, unless the minor can be cared for at  home  without
10    endangering  the  minor's  health  or safety and it is in the
11    best interests of the minor, and if such neglect,  abuse,  or
12    dependency  is  found  by  the  court  under paragraph (1) of
13    Section 2-21 of this Act to have come about due to  the  acts
14    or  omissions  or  both  of  such  parent,  guardian or legal
15    custodian, until such time as an  investigation  is  made  as
16    provided  in paragraph (5) and a hearing is held on the issue
17    of the fitness of such parent, guardian or legal custodian to
18    care for the minor and the court enters an  order  that  such
19    parent,  guardian  or  legal custodian is fit to care for the
20    minor.
21        (2)  The first permanency hearing shall be  conducted  by
22    the judge.   Subsequent permanency hearings may be heard by a
23    judge  or  by  hearing  officers appointed or approved by the
24    court in the manner set forth in Section 2-28.1 of this  Act.
25    The  initial  hearing shall be held (a) within 12 months from
26    the date temporary custody was taken,  (b)  if  the  parental
27    rights  of  both  parents  have been terminated in accordance
28    with the procedure described in  subsection  (5)  of  Section
29    2-21, within 30 days of the order for termination of parental
30    rights and appointment of a guardian with power to consent to
31    adoption, or (c) in accordance with subsection (2) of Section
32    2-13.1.  Subsequent permanency hearings shall be held every 6
33    months  or  more  frequently  if  necessary  in  the  court's
34    determination  following  the  initial permanency hearing, in
 
                            -4-      LRB093 11168 MKM 12101 b
 1    accordance with the standards  set  forth  in  this  Section,
 2    until  the  court determines that the plan and goal have been
 3    achieved. Once the plan and goal have been achieved,  if  the
 4    minor  remains in substitute care, the case shall be reviewed
 5    at least every 6 months thereafter, subject to the provisions
 6    of  this  Section,  unless  the  minor  is  placed   in   the
 7    guardianship  of  a suitable relative or other person and the
 8    court determines that further monitoring by  the  court  does
 9    not  further the health, safety or best interest of the child
10    and that this is a stable permanent placement. The permanency
11    hearings must occur within the time frames set forth in  this
12    subsection and may not be delayed in anticipation of a report
13    from any source or due to the agency's failure to timely file
14    its  written  report  (this  written  report  means  the  one
15    required  under  the  next  paragraph  and  does not mean the
16    service plan also referred to in that paragraph).
17        The public agency that is the custodian  or  guardian  of
18    the  minor,  or  another  agency  responsible for the minor's
19    care,  shall  ensure  that  all  parties  to  the  permanency
20    hearings are provided a copy of the most recent service  plan
21    prepared  within  the  prior  6  months  at  least 14 days in
22    advance of the hearing.  If not contained in  the  plan,  the
23    agency  shall  also  include  a  report setting forth (i) any
24    special  physical,   psychological,   educational,   medical,
25    emotional,  or  other needs of the minor or his or her family
26    that are relevant to a permanency or placement  determination
27    and  (ii) for any minor age 16 or over, a written description
28    of the programs and services that will enable  the  minor  to
29    prepare  for independent living.  The agency's written report
30    must detail what progress or lack of progress the parent  has
31    made  in  correcting the conditions requiring the child to be
32    in care; whether the  child  can  be  returned  home  without
33    jeopardizing  the child's health, safety, and welfare, and if
34    not, what permanency goal is recommended to be  in  the  best
 
                            -5-      LRB093 11168 MKM 12101 b
 1    interests  of  the  child, and why the other permanency goals
 2    are not appropriate.  The caseworker must appear and  testify
 3    at  the  permanency hearing.  If a permanency hearing has not
 4    previously been scheduled by  the  court,  the  moving  party
 5    shall  move  for  the setting of a permanency hearing and the
 6    entry of an order within the time frames set  forth  in  this
 7    subsection.
 8        At  the permanency hearing, the court shall determine the
 9    future status of the child.  The court shall set one  of  the
10    following permanency goals:
11             (A)  The  minor  will be returned home by a specific
12        date within 5 months.
13             (B)  The minor will be in  short-term  care  with  a
14        continued  goal  to  return  home  within a period not to
15        exceed one year, where the  progress  of  the  parent  or
16        parents is substantial giving particular consideration to
17        the age and individual needs of the minor.
18             (B-1)  The  minor  will be in short-term care with a
19        continued goal to return home pending a  status  hearing.
20        When   the  court  finds  that  a  parent  has  not  made
21        reasonable efforts or reasonable progress  to  date,  the
22        court  shall  identify  what  actions  the parent and the
23        Department must take in order to  justify  a  finding  of
24        reasonable efforts or reasonable progress and shall set a
25        status  hearing to be held not earlier than 9 months from
26        the date of adjudication nor later than  11  months  from
27        the  date  of  adjudication  during  which  the  parent's
28        progress will again be reviewed.
29             (C)  The  minor  will  be in substitute care pending
30        court determination on termination of parental rights.
31             (D)  Adoption, provided that  parental  rights  have
32        been terminated or relinquished.
33             (E)  The   guardianship   of   the   minor  will  be
34        transferred to an individual or  couple  on  a  permanent
 
                            -6-      LRB093 11168 MKM 12101 b
 1        basis provided that goals (A) through (D) have been ruled
 2        out.
 3             (F)  The  minor  over  age  15 will be in substitute
 4        care pending independence.
 5             (G)  The minor will be in substitute care because he
 6        or she cannot be provided for in a home  environment  due
 7        to   developmental  disabilities  or  mental  illness  or
 8        because he or she is a danger to self or others, provided
 9        that goals (A) through (D) have been ruled out.
10        In  selecting  any  permanency  goal,  the  court   shall
11    indicate in writing the reasons the goal was selected and why
12    the  preceding  goals  were  ruled  out.  Where the court has
13    selected a permanency goal other than (A), (B), or (B-1), the
14    Department of Children and Family Services shall not  provide
15    further  reunification  services,  but shall provide services
16    consistent with the goal selected.
17        The court shall set a permanency goal that is in the best
18    interest of  the  child.   The  court's  determination  shall
19    include the following factors:
20             (1)  Age of the child.
21             (2)  Options available for permanence.
22             (3)  Current  placement  of the child and the intent
23        of the family regarding adoption.
24             (4)  Emotional,  physical,  and  mental  status   or
25        condition of the child.
26             (5)  Types   of   services  previously  offered  and
27        whether or not the services were successful and,  if  not
28        successful, the reasons the services failed.
29             (6)  Availability  of  services currently needed and
30        whether the services exist.
31             (7)  Status of siblings of the minor.
32        The  court  shall  consider  (i)  the   permanency   goal
33    contained  in  the  service plan, (ii) the appropriateness of
34    the services contained in the plan and whether those services
 
                            -7-      LRB093 11168 MKM 12101 b
 1    have been provided, (iii)  whether  reasonable  efforts  have
 2    been  made  by all the parties to the service plan to achieve
 3    the goal, and (iv)  whether  the  plan  and  goal  have  been
 4    achieved.    All   evidence  relevant  to  determining  these
 5    questions,  including  oral  and  written  reports,  may   be
 6    admitted  and  may  be  relied  on  to  the  extent  of their
 7    probative value.
 8        If the goal has been  achieved,  the  court  shall  enter
 9    orders  that  are  necessary  to  conform  the  minor's legal
10    custody and status to those findings.
11        If, after receiving evidence, the court  determines  that
12    the  services  contained  in  the  plan  are  not  reasonably
13    calculated  to facilitate achievement of the permanency goal,
14    the court shall put in writing the factual  basis  supporting
15    the  determination  and  enter specific findings based on the
16    evidence.  The court  also  shall  enter  an  order  for  the
17    Department  to develop and implement a new service plan or to
18    implement changes to the current service plan consistent with
19    the court's findings.  The new service plan  shall  be  filed
20    with  the  court  and served on all parties within 45 days of
21    the date of the order.  The court shall continue  the  matter
22    until  the  new  service  plan  is  filed.   Unless otherwise
23    specifically authorized by law, The court  is  not  empowered
24    under  this  subsection  (2) or under subsection (3) to order
25    specific placements or, specific services, or both,  specific
26    service providers to be included in the plan.
27        A  guardian  or custodian appointed by the court pursuant
28    to this Act shall file updated  case  plans  with  the  court
29    every 6 months.
30        Rights   of  wards  of  the  court  under  this  Act  are
31    enforceable against  any  public  agency  by  complaints  for
32    relief  by  mandamus  filed  in any proceedings brought under
33    this Act.
34        (3)  Following the permanency hearing,  the  court  shall
 
                            -8-      LRB093 11168 MKM 12101 b
 1    enter  a  written  order  that  includes  the  determinations
 2    required  under subsection (2) of this Section and sets forth
 3    the following:
 4             (a)  The future status of the minor,  including  the
 5        permanency  goal,  and any order necessary to conform the
 6        minor's legal custody and status to  such  determination;
 7        or
 8             (b)  If  the  permanency goal of the minor cannot be
 9        achieved immediately, the specific reasons for continuing
10        the minor in the care of the Department of  Children  and
11        Family Services or other agency for short term placement,
12        and the following determinations:
13                  (i)  (Blank).
14                  (ii)  Whether  the  services  required  by  the
15             court  and  by  any service plan prepared within the
16             prior 6 months have been provided  and  (A)  if  so,
17             whether  the  services were reasonably calculated to
18             facilitate the achievement of the permanency goal or
19             (B) if not  provided,  why  the  services  were  not
20             provided.
21                  (iii)  Whether   the   minor's   placement   is
22             necessary,  and  appropriate  to  the plan and goal,
23             recognizing  the  right  of  minors  to  the   least
24             restrictive (most family-like) setting available and
25             in  close  proximity to the parents' home consistent
26             with the health, safety, best interest  and  special
27             needs  of  the  minor  and,  if  the minor is placed
28             out-of-State,  whether  the  out-of-State  placement
29             continues to be appropriate and consistent with  the
30             health, safety, and best interest of the minor.
31                  (iv)  (Blank).
32                  (v)  (Blank).
33        Any  order  entered pursuant to this subsection (3) shall
34    be immediately appealable as a matter of right under  Supreme
 
                            -9-      LRB093 11168 MKM 12101 b
 1    Court Rule 304(b)(1).
 2        (4)  The  minor or any person interested in the minor may
 3    apply to the court for a change in custody of the  minor  and
 4    the  appointment of a new custodian or guardian of the person
 5    or for the restoration of the minor to  the  custody  of  his
 6    parents or former guardian or custodian.
 7        When return home is not selected as the permanency goal:
 8             (a)  The  Department,  the  minor,  or  the  current
 9        foster  parent  or  relative  caregiver  seeking  private
10        guardianship  may  file a motion for private guardianship
11        of the minor.   Appointment  of  a  guardian  under  this
12        Section requires approval of the court.
13             (b)  The  State's  Attorney  may  file  a  motion to
14        terminate parental rights of any parent who has failed to
15        make reasonable efforts to correct the  conditions  which
16        led  to  the  removal of the child or reasonable progress
17        toward the return of the child, as defined in subdivision
18        (D)(m) of Section 1 of the Adoption Act or for  whom  any
19        other unfitness ground for terminating parental rights as
20        defined  in  subdivision (D) of Section 1 of the Adoption
21        Act exists.
22        Custody of the minor shall not be restored to any parent,
23    guardian or legal custodian in any case in which the minor is
24    found  to  be  neglected  or  abused  under  Section  2-3  or
25    dependent under Section 2-4 of this Act, unless the minor can
26    be cared for at home without endangering his or her health or
27    safety and it is in the best interest of the  minor,  and  if
28    such  neglect,  abuse,  or  dependency  is found by the court
29    under paragraph (1) of Section 2-21 of this Act to have  come
30    about  due  to  the acts or omissions or both of such parent,
31    guardian  or  legal  custodian,  until  such   time   as   an
32    investigation  is  made  as  provided  in paragraph (5) and a
33    hearing is held on the issue of the health, safety  and  best
34    interest  of  the  minor  and  the  fitness  of  such parent,
 
                            -10-     LRB093 11168 MKM 12101 b
 1    guardian or legal custodian to care for  the  minor  and  the
 2    court  enters  an  order  that such parent, guardian or legal
 3    custodian is fit to care for the minor.  In  the  event  that
 4    the  minor  has  attained 18 years of age and the guardian or
 5    custodian petitions the court for an  order  terminating  his
 6    guardianship   or  custody,  guardianship  or  custody  shall
 7    terminate automatically 30 days  after  the  receipt  of  the
 8    petition   unless  the  court  orders  otherwise.   No  legal
 9    custodian or guardian of the person may  be  removed  without
10    his consent until given notice and an opportunity to be heard
11    by the court.
12        When  the court orders a child restored to the custody of
13    the parent or parents, the court shall order  the  parent  or
14    parents  to  cooperate  with  the  Department of Children and
15    Family Services and comply with the terms  of  an  after-care
16    plan,  or  risk the loss of custody of the child and possible
17    termination of their parental rights.   The  court  may  also
18    enter  an  order of protective supervision in accordance with
19    Section 2-24.
20        (5)  Whenever a  parent,  guardian,  or  legal  custodian
21    files  a  motion for restoration of custody of the minor, and
22    the minor was adjudicated neglected, abused, or dependent  as
23    a  result of physical abuse, the court shall cause to be made
24    an investigation as to  whether  the  movant  has  ever  been
25    charged with or convicted of any criminal offense which would
26    indicate  the likelihood of any further physical abuse to the
27    minor.  Evidence of such criminal convictions shall be  taken
28    into  account  in  determining whether the minor can be cared
29    for at home without endangering his or her health  or  safety
30    and fitness of the parent, guardian, or legal custodian.
31             (a)  Any  agency  of  this  State or any subdivision
32        thereof shall co-operate with the agent of the  court  in
33        providing any information sought in the investigation.
34             (b)  The  information derived from the investigation
 
                            -11-     LRB093 11168 MKM 12101 b
 1        and any conclusions or recommendations derived  from  the
 2        information shall be provided to the parent, guardian, or
 3        legal  custodian  seeking restoration of custody prior to
 4        the hearing on fitness  and  the  movant  shall  have  an
 5        opportunity  at  the hearing to refute the information or
 6        contest its significance.
 7             (c)  All information obtained from any investigation
 8        shall be confidential as provided  in  Section  5-150  of
 9        this Act.
10    (Source: P.A. 91-357, eff. 7-29-99; 92-320, eff. 1-1-02.)

11        Section  99.  Effective date.  This Act takes effect upon
12    becoming law.