HB0903 96TH GENERAL ASSEMBLY

LRB096 04540 DRJ 14595 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0903

Introduced 2/10/2009, by Rep. Naomi D. Jakobsson

SYNOPSIS AS INTRODUCED:

New Act
20 ILCS 505/6b	from Ch. 23, par. 5006b
325 ILCS 5/3	from Ch. 23, par. 2053
325 ILCS 5/5	from Ch. 23, par. 2055
325 ILCS 5/7.16a new
325 ILCS 5/8.2	from Ch. 23, par. 2058.2
325 ILCS 5/9	from Ch. 23, par. 2059
705 ILCS 405/2-9	from Ch. 37, par. 802-9

Amends the Children and Family Services Act, the Abused and neglected Child Reporting Act, and the Juvenile Court Act of 1987. Provides that the amendatory provisions may be cited as the Family Protection Act of 2009. Provides that the Department of Children and Family Services shall provide case tracking and maintain and provide in its annual report statistical records concerning the number of families subject to safety plans. Provides that "safety plan" means any request made orally or in writing by a designated employee of the Department or a person acting at the Department's behest that a family abide by conditions limiting, restricting, or modifying their usual interaction with their child, including but not limited to a request that a child, parent, or guardian relocate from the family home, that another person reside in the family home, or that a parent or guardian have no unsupervised contact with a child. Sets forth conditions for taking or retaining temporary protective custody of a child. Adds provisions concerning safety plans. Adds provisions concerning review of a Department action restricting a person's access to a family member or requiring a change of living arrangements. Provides for a "no probable cause" hearing under the Juvenile Court Act of 1987. Makes other changes.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning families and children.

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

Section 1. Short title. This Act may be cited as the Family Protection Act of 2009.

Section 5. Findings. The Legislature finds and declares all of the following:

(a) The policy of the State of Illinois is that family life is sacrosanct, that the State shall not intervene in the private lives of families except when essential to protect the health and safety of children, that parents have the right and duty of the care and custody of their children except if the State possesses objective reasonable evidence establishing that the parents are endangering the child or blatantly disregarding their duties of care, and that, except in emergency circumstances when there is no time to secure judicial review, the State shall secure judicial authority before taking intrusive action affecting the family while, in emergencies, judicial review should occur as promptly as possible after the child's safety is assured.

(b) The State of Illinois possesses awesome coercive powers to intervene in family life when the circumstances so demand, and those powers are to be exercised cautiously and with restraint so that children are not wrongfully separated from the parents and siblings without due process of law.

(c) The right to be secure from undue threats and misrepresentations is a right of all citizens against arbitrary governmental action, and threats of separating children from parents are particularly frightening and traumatic to parents and families.

(d) Several federal courts have determined that offering a parent the choice of leaving his own home or having his child taken into foster care, absent evidence of wrongdoing by the parent, is blatantly coercive.

(e) The General Assembly repudiates the suggestion that any parent, faced with the choice of having his child placed into state protective custody if he does not make an alterative plan for the child's care, is making a per se voluntary choice between equally palatable options.

(f) A cornerstone of our democracy is that governmental actions require a factual basis, notice, and an opportunity to be heard.

(g) The Department of Children and Family Services has lawful judicial and administrative procedures available to afford the full protection of children without resort to coercive means that deprive families of due process of law.

Section 10. The Children and Family Services Act is amended by changing Section 6b as follows:

(20 ILCS 505/6b) (from Ch. 23, par. 5006b)

Sec. 6b. Case tracking system.

(1) The Department shall establish and operate a case tracking system which shall be designed to monitor and evaluate family preservation, family reunification and placement services.

(2) The Department shall establish and operate the case tracking system for the Department clients for whom the Department is providing or paying for such services. The Department shall work with the courts in the development of a cooperative case tracking system.

(3) The Department shall determine the basic elements and access and provide for records of the case tracking system to not be open to the general public.

(4) The Department shall use the case tracking system to determine whether any child reported to the Department under Section 3.5 of the Intergovernmental Missing Child Recovery Act of 1984 matches a Department ward and whether that child had been abandoned within the previous 2 months.

(5) The Department shall provide case tracking and maintain and provide in its annual report statistical records concerning the number of families subject to safety plans as defined in Section 3 of the Abused and Neglected Child Reporting Act. The Department shall record and provide in its annual report the number of families subject to safety plans, the average duration of safety plans, the number of safety plan cases in which protective custody was taken, and the number of safety plan cases with indicated or unfounded outcomes. In order to track safety plans, every safety plan with a duration of 5 days or more shall be submitted to a child protection manager and a sworn certification shall be provided by that person stating that the plan has been determined to be the least restrictive possible and that the Department possesses objective reasonable evidence of abuse or neglect by the person or persons restricted by the plan.

(Source: P.A. 89-213, eff. 1-1-96.)

Section 15. The Abused and Neglected Child Reporting Act is amended by changing Sections 3, 5, 8.2, and 9 and by adding Section 7.16a as follows:

(325 ILCS 5/3) (from Ch. 23, par. 2053)

Sec. 3. Definitions. As used in this Act, unless the context otherwise requires:

"Child" means any person under the age of 18 years, unless legally emancipated by reason of marriage or entry into a branch of the United States armed services.

"Department" means Department of Children and Family Services.

"Local law enforcement agency" means the police of a city, town, village or other incorporated area or the sheriff of an unincorporated area or any sworn officer of the Illinois Department of State Police.

"Abused child" means a child whose parent or immediate family member, or any person responsible for the child's welfare, or any individual residing in the same home as the child, or a paramour of the child's parent:

(a) inflicts, causes to be inflicted, or allows to be inflicted upon such child physical injury, by other than accidental means, which causes death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function;

(b) creates a substantial risk of physical injury to such child by other than accidental means which would be likely to cause death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function;

(c) commits or allows to be committed any sex offense against such child, as such sex offenses are defined in the Criminal Code of 1961, as amended, and extending those definitions of sex offenses to include children under 18 years of age;

(d) commits or allows to be committed an act or acts of torture upon such child;

(e) inflicts excessive corporal punishment;

(f) commits or allows to be committed the offense of female genital mutilation, as defined in Section 12-34 of the Criminal Code of 1961, against the child; or

(g) causes to be sold, transferred, distributed, or given to such child under 18 years of age, a controlled substance as defined in Section 102 of the Illinois Controlled Substances Act in violation of Article IV of the Illinois Controlled Substances Act or in violation of the Methamphetamine Control and Community Protection Act, except for controlled substances that are prescribed in accordance with Article III of the Illinois Controlled Substances Act and are dispensed to such child in a manner that substantially complies with the prescription.

A child shall not be considered abused for the sole reason that the child has been relinquished in accordance with the Abandoned Newborn Infant Protection Act.

"Neglected child" means any child who is not receiving the proper or necessary nourishment or medically indicated treatment including food or care not provided solely on the basis of the present or anticipated mental or physical impairment as determined by a physician acting alone or in consultation with other physicians or otherwise is not receiving the proper or necessary support or medical or other remedial care recognized under State law as necessary for a child's well-being, or other care necessary for his or her well-being, including adequate food, clothing and shelter; or who is abandoned by his or her parents or other person responsible for the child's welfare without a proper plan of care; or who has been provided with interim crisis intervention services under Section 3-5 of the Juvenile Court Act of 1987 and whose parent, guardian, or custodian refuses to permit the child to return home and no other living arrangement agreeable to the parent, guardian, or custodian can be made, and the parent, guardian, or custodian has not made any other appropriate living arrangement for the child; or who is a newborn infant whose blood, urine, or meconium contains any amount of a controlled substance as defined in subsection (f) of Section 102 of the Illinois Controlled Substances Act or a metabolite thereof, with the exception of a controlled substance or metabolite thereof whose presence in the newborn infant is the result of medical treatment administered to the mother or the newborn infant. A child shall not be considered neglected for the sole reason that the child's parent or other person responsible for his or her welfare has left the child in the care of an adult relative for any period of time. A child shall not be considered neglected for the sole reason that the child has been relinquished in accordance with the Abandoned Newborn Infant Protection Act. A child shall not be considered neglected or abused for the sole reason that such child's parent or other person responsible for his or her welfare depends upon spiritual means through prayer alone for the treatment or cure of disease or remedial care as provided under Section 4 of this Act. A child shall not be considered neglected or abused solely because the child is not attending school in accordance with the requirements of Article 26 of The School Code, as amended.

"Child Protective Service Unit" means certain specialized State employees of the Department assigned by the Director to perform the duties and responsibilities as provided under Section 7.2 of this Act.

"Person responsible for the child's welfare" means the child's parent; guardian; foster parent; relative caregiver; any person responsible for the child's welfare in a public or private residential agency or institution; any person responsible for the child's welfare within a public or private profit or not for profit child care facility; or any other person responsible for the child's welfare at the time of the alleged abuse or neglect, or any person who came to know the child through an official capacity or position of trust, including but not limited to health care professionals, educational personnel, recreational supervisors, members of the clergy, and volunteers or support personnel in any setting where children may be subject to abuse or neglect.

"Safety plan" (which is synonymous with a "protective plan" or "family living conditions plan") means any request made orally or in writing by a designated employee of the Department or a person acting at the Department's behest, including but not limited to persons acting on behalf of a Multidisciplinary Pediatric Education and Evaluation Consortium or a Child Advocacy Center established pursuant to State law, that a family abide by conditions limiting, restricting, or modifying their usual interaction with their child, including but not limited to a request that a child, parent, or guardian relocate from the family home, that another person reside in the family home, or that a parent or guardian have no unsupervised contact with a child, except that a safety plan does not include such requests made pursuant to the Juvenile Court Act of 1987.

"Temporary protective custody" means custody within a hospital or other medical facility or a place previously designated for such custody by the Department, subject to review by the Court, including a licensed foster home, group home, or other institution; but such place shall not be a jail or other place for the detention of criminal or juvenile offenders.

"An unfounded report" means any report made under this Act for which it is determined after an investigation that no credible evidence of abuse or neglect exists.

"An indicated report" means a report made under this Act if an investigation determines that credible evidence of the alleged abuse or neglect exists.

"An undetermined report" means any report made under this Act in which it was not possible to initiate or complete an investigation on the basis of information provided to the Department.

"Subject of report" means any child reported to the central register of child abuse and neglect established under Section 7.7 of this Act and his or her parent, guardian or other person responsible who is also named in the report.

"Perpetrator" means a person who, as a result of investigation, has been determined by the Department to have caused child abuse or neglect.

"Member of the clergy" means a clergyman or practitioner of any religious denomination accredited by the religious body to which he or she belongs.

The term "voluntary" is defined in accordance with the requirement that a totality of circumstances be considered (including the intelligence, age, education, experience, income, mental or physical disability, and all other factors recognized by law as affecting an individual's state of mind in entering into agreements and the absence of threats, pressure, or promises). For a person's agreement to be deemed voluntary, such person shall be afforded accurate information as to the reasonably anticipated legal and practical consequences of a decision or agreement and the reasonably anticipated consequences if no decision or agreement is made. The term voluntary also requires that any agreement or decision deemed to be voluntary shall be revocable at any time without penalty.

(Source: P.A. 94-556, eff. 9-11-05; 95-443, eff. 1-1-08.)

(325 ILCS 5/5) (from Ch. 23, par. 2055)

Sec. 5. Temporary protective custody; safety plans. An officer of a local law enforcement agency, designated employee of the Department, or a physician treating a child may take or retain temporary protective custody of the child without the consent of the person responsible for the child's welfare, if (1) he has reason to believe that the child cannot be cared for at home or in the custody of the person responsible for the child's welfare without endangering the child's health or safety; and (2) there is not time to apply for a court order under the Juvenile Court Act of 1987 for temporary custody of the child. No designated employee of the Department shall take or retain temporary protective custody of the child and no person shall state that he or she or any other person will do so except upon approval for such action by the child protection manager or the Director's designee certifying that: (i) there is no time to secure a court order; (ii) there is an immediate danger to the child; and (iii) there is objectively reasonable suspicion that a child has been or will be abused or neglected by his or her parent or guardian such that the protection of the child requires such action prior to judicial authorization. No officer of a local law enforcement agency, designated employee of the Department, or physician acting pursuant to this Section may request or require that a parent, guardian, or relative of a child abide by any condition respecting the care and custody of a child under representation that failure to do so will result in the removal of the child unless that person possesses probable cause or objectively reasonable suspicion of abuse or neglect by the person bound by the requirement. No person acting pursuant to this Section shall maintain a child in temporary protective custody or enforce a safety plan condition after the Department or authorized person has information establishing that there no longer exists immediate danger to the child if the temporary protective custody or safety plan condition is removed or there is no longer an objectively reasonable suspicion that a child has been or will be abused or neglected by his or her parent or guardian. If the Department or authorized person has applied for a court order for the temporary custody of the child and the application has been rejected by the State's Attorney or public official reviewing the application, it shall promptly inform the parent or guardian of such decision. Every safety plan with a duration of 5 days or more shall be reviewed by a child protection manager, and a sworn certification shall be provided by such person that the plan has been determined to be the least restrictive possible and the Department possesses objective reasonable evidence of abuse or neglect by the persons restricted by the safety plan. Notwithstanding the requirements of this Section, the Department, its designees, and any person acting at the behest of the Department may secure a voluntary safety plan that comports with the definition of "voluntary" as set forth in Section 3 of this Act. Each safety plan form shall be accompanied by a statement of the rights to review available to the persons subject to the plan.

The person taking or retaining a child in temporary protective custody shall immediately make every reasonable effort to notify the person responsible for the child's welfare and shall immediately notify the Department. The Department shall provide to the temporary caretaker of a child any information in the Department's possession concerning the positive results of a test performed on the child to determine the presence of the antibody or antigen to Human Immunodeficiency Virus (HIV), or of HIV infection, as well as any communicable diseases or communicable infections that the child has. The temporary caretaker of a child shall not disclose to another person any information received by the temporary caretaker from the Department concerning the results of a test performed on the child to determine the presence of the antibody or antigen to HIV, or of HIV infection, except pursuant to Section 9 of the AIDS Confidentiality Act, as now or hereafter amended. The Department shall promptly initiate proceedings under the Juvenile Court Act of 1987 for the continued temporary custody of the child.

Where the physician keeping a child in his custody does so in his capacity as a member of the staff of a hospital or similar institution, he shall notify the person in charge of the institution or his designated agent, who shall then become responsible for the further care of such child in the hospital or similar institution under the direction of the Department.

Said care includes, but is not limited to the granting of permission to perform emergency medical treatment to a minor where the treatment itself does not involve a substantial risk of harm to the minor and the failure to render such treatment will likely result in death or permanent harm to the minor, and there is not time to apply for a court order under the Juvenile Court Act of 1987.

Any person authorized and acting in good faith in the removal of a child under this Section shall have immunity from any liability, civil or criminal that might otherwise be incurred or imposed as a result of such removal. Any physician authorized and acting in good faith and in accordance with acceptable medical practice in the treatment of a child under this Section shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed as a result of granting permission for emergency treatment.

With respect to any child taken into temporary protective custody pursuant to this Section, the Department of Children and Family Services Guardianship Administrator or his designee shall be deemed the child's legally authorized representative for purposes of consenting to an HIV test if deemed necessary and appropriate by the Department's Guardianship Administrator or designee and obtaining and disclosing information concerning such test pursuant to the AIDS Confidentiality Act if deemed necessary and appropriate by the Department's Guardianship Administrator or designee and for purposes of consenting to the release of information pursuant to the Illinois Sexually Transmissible Disease Control Act if deemed necessary and appropriate by the Department's Guardianship Administrator or designee.

Any person who administers an HIV test upon the consent of the Department of Children and Family Services Guardianship Administrator or his designee, or who discloses the results of such tests to the Department's Guardianship Administrator or his designee, shall have immunity from any liability, civil, criminal or otherwise, that might result by reason of such actions. For the purpose of any proceedings, civil or criminal, the good faith of any persons required to administer or disclose the results of tests, or permitted to take such actions, shall be presumed.

(Source: P.A. 90-28, eff. 1-1-98.)

(325 ILCS 5/7.16a new)

Sec. 7.16a. Right to review of restrictions on family members in Circuit Court or through administrative hearing.

(a) Any family member who through Departmental action is subjected to a safety plan, service plan, or other condition restricting his or her access to a family member or requiring a change of living arrangements (including that another relative reside in the home or that parents or children leave their home and reside elsewhere) shall be notified of the basis for the request (including the objectively reasonable evidence in the Department's possession) and his or her available rights of review. The person may request immediate review of the condition or conditions by making a demand for release of conditions upon the Director of the Department, who shall be deemed to have released the condition or conditions if the demand is not acted upon within 48 hours after the demand, exclusive of weekends and holidays. A family member who makes a demand for release of conditions shall not be considered to be in violation of the safety plan, service plan, or Department condition by virtue of making the demand, and the making of such a demand or the release of a condition or conditions (by Department action or inaction) shall not result in the taking of protective custody of any child. If the Director denies the request for release of conditions, an expedited administrative hearing shall be convened within 5 business days after the denial, and a final decision of the Director shall be rendered within 7 days after the date on which the expedited administrative hearing is commenced.

(b) Upon expedited administrative review, the administrative law judge shall recommend a determination as to whether there is an objectively reasonable basis for believing the child is abused or neglected within the meaning of this Act and the Juvenile Court Act of 1987. If the Director agrees with and recommends a determination that there is not objectively reasonable suspicion, all safety plan conditions shall be directed to be lifted forthwith. If the administrative law judge recommends a determination that there is objectively reasonable suspicion, he or she shall further recommend a determination as to whether the safety plan conditions are narrowly tailored to the protection of the child and are the least intrusive. The Director shall review these recommendations and, if the Director agrees, the Director shall direct that the safety plan conditions be revised accordingly to state the conditions under which the safety plan conditions should be lifted. The Department shall comply with the final decision of the Director forthwith. The final administrative hearing decision finding objectively reasonable suspicion and maintaining any safety plan condition may be challenged without further exhaustion of administrative or judicial remedies by any of the following means:

(1) Filing a petition in the Juvenile Court for a "no probable cause" hearing pursuant to Section 2-9 of the Juvenile Court Act of 1987.

(2) Commencing an injunctive or declaratory judgment action seeking a determination that the Department lacks a basis for requiring the challenged condition.

(3) Filing an action pursuant to the Administrative Review Law.

The choice of forum shall be left to the discretion of the family member seeking to challenge the condition.

(325 ILCS 5/8.2) (from Ch. 23, par. 2058.2)

Sec. 8.2. If the Child Protective Service Unit determines, following an investigation made pursuant to Section 7.4 of this Act and after gathering and weighing all available inculpatory and exculpatory evidence, that there is credible evidence that the child is abused or neglected, the Department shall assess the family's need for services, and, as necessary, develop, with the family, an appropriate service plan for the family's voluntary acceptance or voluntary refusal. Receipt of such services shall be voluntary as defined in this Act, except that if the Department possesses objectively reasonable evidence of abuse or neglect, then the Department shall notify the family of its authority to seek an appropriate order of protection under the Juvenile Court Act of 1987 if services are declined. The Department shall not represent to a family that the Department will take judicial action under the Juvenile Court Act of 1987 in order to secure restrictive conditions unless the conditions sought are necessary to protect the health and safety or wellbeing of a child.

In any case where there is evidence that the perpetrator of the abuse or neglect is an addict or alcoholic as defined in the Alcoholism and Other Drug Abuse and Dependency Act, the Department, when making referrals for drug or alcohol abuse services, shall make such referrals to facilities licensed by the Department of Human Services or the Department of Public Health. The Department shall comply with Section 8.1 by explaining its lack of legal authority to compel the acceptance of services and may explain its concomitant authority to petition the Circuit court under the Juvenile Court Act of 1987 or refer the case to the local law enforcement authority or State's attorney for criminal prosecution.

For purposes of this Act, the term "family preservation services" refers to all services to help families, including adoptive and extended families. Family preservation services shall be offered, where safe and appropriate, to prevent the placement of children in substitute care when the children can be cared for at home or in the custody of the person responsible for the children's welfare without endangering the children's health or safety, to reunite them with their families if so placed when reunification is an appropriate goal, or to maintain an adoptive placement. The term "homemaker" includes emergency caretakers, homemakers, caretakers, housekeepers and chore services. The term "counseling" includes individual therapy, infant stimulation therapy, family therapy, group therapy, self-help groups, drug and alcohol abuse counseling, vocational counseling and post-adoptive services. The term "day care" includes protective day care and day care to meet educational, prevocational or vocational needs. The term "emergency assistance and advocacy" includes coordinated services to secure emergency cash, food, housing and medical assistance or advocacy for other subsistence and family protective needs.

Before July 1, 2000, appropriate family preservation services shall, subject to appropriation, be included in the service plan if the Department has determined that those services will ensure the child's health and safety, are in the child's best interests, and will not place the child in imminent risk of harm. Beginning July 1, 2000, appropriate family preservation services shall be uniformly available throughout the State. The Department shall promptly notify children and families of the Department's responsibility to offer and provide family preservation services as identified in the service plan. Such plans may include but are not limited to: case management services; homemakers; counseling; parent education; day care; emergency assistance and advocacy assessments; respite care; in-home health care; transportation to obtain any of the above services; and medical assistance. Nothing in this paragraph shall be construed to create a private right of action or claim on the part of any individual or child welfare agency.

The Department shall provide a preliminary report to the General Assembly no later than January 1, 1991, in regard to the provision of services authorized pursuant to this Section. The report shall include:

(a) the number of families and children served, by type of services;

(b) the outcome from the provision of such services, including the number of families which remained intact at least 6 months following the termination of services;

(c) the number of families which have been subjects of founded reports of abuse following the termination of services;

(d) an analysis of general family circumstances in which family preservation services have been determined to be an effective intervention;

(e) information regarding the number of families in need of services but unserved due to budget or program criteria guidelines;

(f) an estimate of the time necessary for and the annual cost of statewide implementation of such services;

(g) an estimate of the length of time before expansion of these services will be made to include families with children over the age of 6; and

(h) recommendations regarding any proposed legislative changes to this program.

Each Department field office shall maintain on a local basis directories of services available to children and families in the local area where the Department office is located.

The Department shall refer children and families served pursuant to this Section to private agencies and governmental agencies, where available.

Where there are 2 equal proposals from both a not-for-profit and a for-profit agency to provide services, the Department shall give preference to the proposal from the not-for-profit agency.

No service plan shall compel any child or parent to engage in any activity or refrain from any activity which is not reasonably related to remedying a condition or conditions that gave rise or which could give rise to any finding of child abuse or neglect.

(Source: P.A. 89-21, eff. 6-6-95; 89-507, eff. 7-1-97; 90-14, eff. 7-1-97; 90-28, eff. 1-1-98; 90-608, eff. 6-30-98.)

(325 ILCS 5/9) (from Ch. 23, par. 2059)

Sec. 9. Any person, institution or agency, under this Act, participating in good faith in the making of a report or referral, or in the investigation of such a report or referral or in the taking of photographs and x-rays or in the retaining a child in temporary protective custody in accordance with Section 5 of this Act or in making a disclosure of information concerning reports of child abuse and neglect in compliance with Sections 4.2 and 11.1 of this Act or Section 4 of this Act, as it relates to disclosure by school personnel and except in cases of wilful or wanton misconduct, shall have immunity from any liability, civil, criminal or that otherwise might result by reason of such actions. For the purpose of any proceedings, civil or criminal, the good faith of any persons required to report or refer, or permitted to report, cases of suspected child abuse or neglect or permitted to refer individuals under this Act or required to disclose information concerning reports of child abuse and neglect in compliance with Sections 4.2 and 11.1 of this Act, shall be presumed.

(Source: P.A. 95-908, eff. 8-26-08.)

Section 20. The Juvenile Court Act of 1987 is amended by changing Section 2-9 as follows:

(705 ILCS 405/2-9) (from Ch. 37, par. 802-9)

Sec. 2-9. Setting of temporary custody hearing; "no probable cause" hearing; notice; release.

(1) Unless sooner released, a minor as defined in Section 2-3 or 2-4 of this Act taken into temporary protective custody must be brought before a judicial officer within 48 hours, exclusive of Saturdays, Sundays and court-designated holidays, for a temporary custody hearing to determine whether he shall be further held in custody.

(2) Any person who is subject to a safety plan as defined in Section 3 of the Abused and Neglected Child Reporting Act may request a "no probable cause" hearing by filing a petition for a declaration that there is no probable cause to believe a child is abused, neglected, or dependent within the meaning of this Act. Within 48 hours after the filing of a petition for a declaration of no probable cause, the court shall set the matter for hearing within 3 business days, appointing such counsel for the parent as would be required had the State initiated a petition for adjudication of wardship, but reserving appointment of counsel or a guardian ad litem, or both, for the minor pursuant to Section 2-17 until after a determination of probable cause has been rendered. The Department or other persons responsible for requiring the safety plan shall appear and testify as to the probable cause to believe that a child (whose care is the subject of the safety plan) is abused, neglected, or dependent. If the Department or other person responsible for requiring the safety plan fails to appear at the hearing, or if at the hearing the court determines there is an insufficient basis to establish probable cause, the court shall declare the safety plan null and void and direct that the Department or other person may initiate a renewed safety plan only upon the filing of a petition for adjudication of wardship based on additional evidence not available at the time of the no probable cause hearing. Any such renewed safety plan shall remain in effect only through the date of a renewed temporary custody or probable cause hearing. If the court determines that probable cause exists, the State shall determine whether a petition for adjudication of wardship should be filed, and, if it determines that such a petition should be filed, the court shall proceed to adjudicate the petition, except that no further litigation as to the issue of probable cause shall be required to sustain the petition.

(3) (2) If the probation officer or such other public officer designated by the court determines that the minor should be retained in custody, he shall cause a petition to be filed as provided in Section 2-13 of this Article, and the clerk of the court shall set the matter for hearing on the temporary custody hearing calendar. When a parent, guardian, custodian or responsible relative is present and so requests, the temporary custody hearing shall be held immediately if the court is in session, otherwise at the earliest feasible time. The petitioner through counsel or such other public officer designated by the court shall insure notification to the minor's parent, guardian, custodian or responsible relative of the time and place of the hearing by the best practicable notice, allowing for oral notice in place of written notice only if provision of written notice is unreasonable under the circumstances.

(4) (3) The minor must be released from temporary protective custody at the expiration of the 48 hour period specified by this Section if not brought before a judicial officer within that period.

(Source: P.A. 87-759.)