Illinois General Assembly - Full Text of HB2659
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Full Text of HB2659  98th General Assembly




HB2659 EnrolledLRB098 08534 RLC 38646 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 Children and Family Services Act is amended
5by changing Section 5 as follows:
6    (20 ILCS 505/5)  (from Ch. 23, par. 5005)
7    Sec. 5. Direct child welfare services; Department of
8Children and Family Services. To provide direct child welfare
9services when not available through other public or private
10child care or program facilities.
11    (a) For purposes of this Section:
12        (1) "Children" means persons found within the State who
13    are under the age of 18 years. The term also includes
14    persons under age 21 who:
15            (A) were committed to the Department pursuant to
16        the Juvenile Court Act or the Juvenile Court Act of
17        1987, as amended, prior to the age of 18 and who
18        continue under the jurisdiction of the court; or
19            (B) were accepted for care, service and training by
20        the Department prior to the age of 18 and whose best
21        interest in the discretion of the Department would be
22        served by continuing that care, service and training
23        because of severe emotional disturbances, physical



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1        disability, social adjustment or any combination
2        thereof, or because of the need to complete an
3        educational or vocational training program.
4        (2) "Homeless youth" means persons found within the
5    State who are under the age of 19, are not in a safe and
6    stable living situation and cannot be reunited with their
7    families.
8        (3) "Child welfare services" means public social
9    services which are directed toward the accomplishment of
10    the following purposes:
11            (A) protecting and promoting the health, safety
12        and welfare of children, including homeless, dependent
13        or neglected children;
14            (B) remedying, or assisting in the solution of
15        problems which may result in, the neglect, abuse,
16        exploitation or delinquency of children;
17            (C) preventing the unnecessary separation of
18        children from their families by identifying family
19        problems, assisting families in resolving their
20        problems, and preventing the breakup of the family
21        where the prevention of child removal is desirable and
22        possible when the child can be cared for at home
23        without endangering the child's health and safety;
24            (D) restoring to their families children who have
25        been removed, by the provision of services to the child
26        and the families when the child can be cared for at



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1        home without endangering the child's health and
2        safety;
3            (E) placing children in suitable adoptive homes,
4        in cases where restoration to the biological family is
5        not safe, possible or appropriate;
6            (F) assuring safe and adequate care of children
7        away from their homes, in cases where the child cannot
8        be returned home or cannot be placed for adoption. At
9        the time of placement, the Department shall consider
10        concurrent planning, as described in subsection (l-1)
11        of this Section so that permanency may occur at the
12        earliest opportunity. Consideration should be given so
13        that if reunification fails or is delayed, the
14        placement made is the best available placement to
15        provide permanency for the child;
16            (G) (blank);
17            (H) (blank); and
18            (I) placing and maintaining children in facilities
19        that provide separate living quarters for children
20        under the age of 18 and for children 18 years of age
21        and older, unless a child 18 years of age is in the
22        last year of high school education or vocational
23        training, in an approved individual or group treatment
24        program, in a licensed shelter facility, or secure
25        child care facility. The Department is not required to
26        place or maintain children:



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1                (i) who are in a foster home, or
2                (ii) who are persons with a developmental
3            disability, as defined in the Mental Health and
4            Developmental Disabilities Code, or
5                (iii) who are female children who are
6            pregnant, pregnant and parenting or parenting, or
7                (iv) who are siblings, in facilities that
8            provide separate living quarters for children 18
9            years of age and older and for children under 18
10            years of age.
11    (b) Nothing in this Section shall be construed to authorize
12the expenditure of public funds for the purpose of performing
14    (c) The Department shall establish and maintain
15tax-supported child welfare services and extend and seek to
16improve voluntary services throughout the State, to the end
17that services and care shall be available on an equal basis
18throughout the State to children requiring such services.
19    (d) The Director may authorize advance disbursements for
20any new program initiative to any agency contracting with the
21Department. As a prerequisite for an advance disbursement, the
22contractor must post a surety bond in the amount of the advance
23disbursement and have a purchase of service contract approved
24by the Department. The Department may pay up to 2 months
25operational expenses in advance. The amount of the advance
26disbursement shall be prorated over the life of the contract or



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1the remaining months of the fiscal year, whichever is less, and
2the installment amount shall then be deducted from future
3bills. Advance disbursement authorizations for new initiatives
4shall not be made to any agency after that agency has operated
5during 2 consecutive fiscal years. The requirements of this
6Section concerning advance disbursements shall not apply with
7respect to the following: payments to local public agencies for
8child day care services as authorized by Section 5a of this
9Act; and youth service programs receiving grant funds under
10Section 17a-4.
11    (e) (Blank).
12    (f) (Blank).
13    (g) The Department shall establish rules and regulations
14concerning its operation of programs designed to meet the goals
15of child safety and protection, family preservation, family
16reunification, and adoption, including but not limited to:
17        (1) adoption;
18        (2) foster care;
19        (3) family counseling;
20        (4) protective services;
21        (5) (blank);
22        (6) homemaker service;
23        (7) return of runaway children;
24        (8) (blank);
25        (9) placement under Section 5-7 of the Juvenile Court
26    Act or Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile



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1    Court Act of 1987 in accordance with the federal Adoption
2    Assistance and Child Welfare Act of 1980; and
3        (10) interstate services.
4    Rules and regulations established by the Department shall
5include provisions for training Department staff and the staff
6of Department grantees, through contracts with other agencies
7or resources, in alcohol and drug abuse screening techniques
8approved by the Department of Human Services, as a successor to
9the Department of Alcoholism and Substance Abuse, for the
10purpose of identifying children and adults who should be
11referred to an alcohol and drug abuse treatment program for
12professional evaluation.
13    (h) If the Department finds that there is no appropriate
14program or facility within or available to the Department for a
15ward and that no licensed private facility has an adequate and
16appropriate program or none agrees to accept the ward, the
17Department shall create an appropriate individualized,
18program-oriented plan for such ward. The plan may be developed
19within the Department or through purchase of services by the
20Department to the extent that it is within its statutory
21authority to do.
22    (i) Service programs shall be available throughout the
23State and shall include but not be limited to the following
25        (1) case management;
26        (2) homemakers;



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1        (3) counseling;
2        (4) parent education;
3        (5) day care; and
4        (6) emergency assistance and advocacy.
5    In addition, the following services may be made available
6to assess and meet the needs of children and families:
7        (1) comprehensive family-based services;
8        (2) assessments;
9        (3) respite care; and
10        (4) in-home health services.
11    The Department shall provide transportation for any of the
12services it makes available to children or families or for
13which it refers children or families.
14    (j) The Department may provide categories of financial
15assistance and education assistance grants, and shall
16establish rules and regulations concerning the assistance and
17grants, to persons who adopt physically or mentally
18handicapped, older and other hard-to-place children who (i)
19immediately prior to their adoption were legal wards of the
20Department or (ii) were determined eligible for financial
21assistance with respect to a prior adoption and who become
22available for adoption because the prior adoption has been
23dissolved and the parental rights of the adoptive parents have
24been terminated or because the child's adoptive parents have
25died. The Department may continue to provide financial
26assistance and education assistance grants for a child who was



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1determined eligible for financial assistance under this
2subsection (j) in the interim period beginning when the child's
3adoptive parents died and ending with the finalization of the
4new adoption of the child by another adoptive parent or
5parents. The Department may also provide categories of
6financial assistance and education assistance grants, and
7shall establish rules and regulations for the assistance and
8grants, to persons appointed guardian of the person under
9Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
104-25 or 5-740 of the Juvenile Court Act of 1987 for children
11who were wards of the Department for 12 months immediately
12prior to the appointment of the guardian.
13    The amount of assistance may vary, depending upon the needs
14of the child and the adoptive parents, as set forth in the
15annual assistance agreement. Special purpose grants are
16allowed where the child requires special service but such costs
17may not exceed the amounts which similar services would cost
18the Department if it were to provide or secure them as guardian
19of the child.
20    Any financial assistance provided under this subsection is
21inalienable by assignment, sale, execution, attachment,
22garnishment, or any other remedy for recovery or collection of
23a judgment or debt.
24    (j-5) The Department shall not deny or delay the placement
25of a child for adoption if an approved family is available
26either outside of the Department region handling the case, or



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1outside of the State of Illinois.
2    (k) The Department shall accept for care and training any
3child who has been adjudicated neglected or abused, or
4dependent committed to it pursuant to the Juvenile Court Act or
5the Juvenile Court Act of 1987.
6    (l) The Department shall offer family preservation
7services, as defined in Section 8.2 of the Abused and Neglected
8Child Reporting Act, to help families, including adoptive and
9extended families. Family preservation services shall be
10offered (i) to prevent the placement of children in substitute
11care when the children can be cared for at home or in the
12custody of the person responsible for the children's welfare,
13(ii) to reunite children with their families, or (iii) to
14maintain an adoptive placement. Family preservation services
15shall only be offered when doing so will not endanger the
16children's health or safety. With respect to children who are
17in substitute care pursuant to the Juvenile Court Act of 1987,
18family preservation services shall not be offered if a goal
19other than those of subdivisions (A), (B), or (B-1) of
20subsection (2) of Section 2-28 of that Act has been set.
21Nothing in this paragraph shall be construed to create a
22private right of action or claim on the part of any individual
23or child welfare agency, except that when a child is the
24subject of an action under Article II of the Juvenile Court Act
25of 1987 and the child's service plan calls for services to
26facilitate achievement of the permanency goal, the court



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1hearing the action under Article II of the Juvenile Court Act
2of 1987 may order the Department to provide the services set
3out in the plan, if those services are not provided with
4reasonable promptness and if those services are available.
5    The Department shall notify the child and his family of the
6Department's responsibility to offer and provide family
7preservation services as identified in the service plan. The
8child and his family shall be eligible for services as soon as
9the report is determined to be "indicated". The Department may
10offer services to any child or family with respect to whom a
11report of suspected child abuse or neglect has been filed,
12prior to concluding its investigation under Section 7.12 of the
13Abused and Neglected Child Reporting Act. However, the child's
14or family's willingness to accept services shall not be
15considered in the investigation. The Department may also
16provide services to any child or family who is the subject of
17any report of suspected child abuse or neglect or may refer
18such child or family to services available from other agencies
19in the community, even if the report is determined to be
20unfounded, if the conditions in the child's or family's home
21are reasonably likely to subject the child or family to future
22reports of suspected child abuse or neglect. Acceptance of such
23services shall be voluntary. The Department may also provide
24services to any child or family after completion of a family
25assessment, as an alternative to an investigation, as provided
26under the "differential response program" provided for in



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1subsection (a-5) of Section 7.4 of the Abused and Neglected
2Child Reporting Act.
3    The Department may, at its discretion except for those
4children also adjudicated neglected or dependent, accept for
5care and training any child who has been adjudicated addicted,
6as a truant minor in need of supervision or as a minor
7requiring authoritative intervention, under the Juvenile Court
8Act or the Juvenile Court Act of 1987, but no such child shall
9be committed to the Department by any court without the
10approval of the Department. A minor charged with a criminal
11offense under the Criminal Code of 1961 or the Criminal Code of
122012 or adjudicated delinquent shall not be placed in the
13custody of or committed to the Department by any court, except
14(i) a minor less than 15 years of age committed to the
15Department under Section 5-710 of the Juvenile Court Act of
161987, (ii) a minor for whom an independent basis of abuse,
17neglect, or dependency exists, which must be defined by
18departmental rule, or (iii) a minor for whom the court has
19granted a supplemental petition to reinstate wardship pursuant
20to subsection (2) of Section 2-33 of the Juvenile Court Act of
211987. An independent basis exists when the allegations or
22adjudication of abuse, neglect, or dependency do not arise from
23the same facts, incident, or circumstances which give rise to a
24charge or adjudication of delinquency.
25    As soon as is possible after August 7, 2009 (the effective
26date of Public Act 96-134), the Department shall develop and



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1implement a special program of family preservation services to
2support intact, foster, and adoptive families who are
3experiencing extreme hardships due to the difficulty and stress
4of caring for a child who has been diagnosed with a pervasive
5developmental disorder if the Department determines that those
6services are necessary to ensure the health and safety of the
7child. The Department may offer services to any family whether
8or not a report has been filed under the Abused and Neglected
9Child Reporting Act. The Department may refer the child or
10family to services available from other agencies in the
11community if the conditions in the child's or family's home are
12reasonably likely to subject the child or family to future
13reports of suspected child abuse or neglect. Acceptance of
14these services shall be voluntary. The Department shall develop
15and implement a public information campaign to alert health and
16social service providers and the general public about these
17special family preservation services. The nature and scope of
18the services offered and the number of families served under
19the special program implemented under this paragraph shall be
20determined by the level of funding that the Department annually
21allocates for this purpose. The term "pervasive developmental
22disorder" under this paragraph means a neurological condition,
23including but not limited to, Asperger's Syndrome and autism,
24as defined in the most recent edition of the Diagnostic and
25Statistical Manual of Mental Disorders of the American
26Psychiatric Association.



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1    (l-1) The legislature recognizes that the best interests of
2the child require that the child be placed in the most
3permanent living arrangement as soon as is practically
4possible. To achieve this goal, the legislature directs the
5Department of Children and Family Services to conduct
6concurrent planning so that permanency may occur at the
7earliest opportunity. Permanent living arrangements may
8include prevention of placement of a child outside the home of
9the family when the child can be cared for at home without
10endangering the child's health or safety; reunification with
11the family, when safe and appropriate, if temporary placement
12is necessary; or movement of the child toward the most
13permanent living arrangement and permanent legal status.
14    When determining reasonable efforts to be made with respect
15to a child, as described in this subsection, and in making such
16reasonable efforts, the child's health and safety shall be the
17paramount concern.
18    When a child is placed in foster care, the Department shall
19ensure and document that reasonable efforts were made to
20prevent or eliminate the need to remove the child from the
21child's home. The Department must make reasonable efforts to
22reunify the family when temporary placement of the child occurs
23unless otherwise required, pursuant to the Juvenile Court Act
24of 1987. At any time after the dispositional hearing where the
25Department believes that further reunification services would
26be ineffective, it may request a finding from the court that



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1reasonable efforts are no longer appropriate. The Department is
2not required to provide further reunification services after
3such a finding.
4    A decision to place a child in substitute care shall be
5made with considerations of the child's health, safety, and
6best interests. At the time of placement, consideration should
7also be given so that if reunification fails or is delayed, the
8placement made is the best available placement to provide
9permanency for the child.
10    The Department shall adopt rules addressing concurrent
11planning for reunification and permanency. The Department
12shall consider the following factors when determining
13appropriateness of concurrent planning:
14        (1) the likelihood of prompt reunification;
15        (2) the past history of the family;
16        (3) the barriers to reunification being addressed by
17    the family;
18        (4) the level of cooperation of the family;
19        (5) the foster parents' willingness to work with the
20    family to reunite;
21        (6) the willingness and ability of the foster family to
22    provide an adoptive home or long-term placement;
23        (7) the age of the child;
24        (8) placement of siblings.
25    (m) The Department may assume temporary custody of any
26child if:



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1        (1) it has received a written consent to such temporary
2    custody signed by the parents of the child or by the parent
3    having custody of the child if the parents are not living
4    together or by the guardian or custodian of the child if
5    the child is not in the custody of either parent, or
6        (2) the child is found in the State and neither a
7    parent, guardian nor custodian of the child can be located.
8If the child is found in his or her residence without a parent,
9guardian, custodian or responsible caretaker, the Department
10may, instead of removing the child and assuming temporary
11custody, place an authorized representative of the Department
12in that residence until such time as a parent, guardian or
13custodian enters the home and expresses a willingness and
14apparent ability to ensure the child's health and safety and
15resume permanent charge of the child, or until a relative
16enters the home and is willing and able to ensure the child's
17health and safety and assume charge of the child until a
18parent, guardian or custodian enters the home and expresses
19such willingness and ability to ensure the child's safety and
20resume permanent charge. After a caretaker has remained in the
21home for a period not to exceed 12 hours, the Department must
22follow those procedures outlined in Section 2-9, 3-11, 4-8, or
235-415 of the Juvenile Court Act of 1987.
24    The Department shall have the authority, responsibilities
25and duties that a legal custodian of the child would have
26pursuant to subsection (9) of Section 1-3 of the Juvenile Court



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1Act of 1987. Whenever a child is taken into temporary custody
2pursuant to an investigation under the Abused and Neglected
3Child Reporting Act, or pursuant to a referral and acceptance
4under the Juvenile Court Act of 1987 of a minor in limited
5custody, the Department, during the period of temporary custody
6and before the child is brought before a judicial officer as
7required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile
8Court Act of 1987, shall have the authority, responsibilities
9and duties that a legal custodian of the child would have under
10subsection (9) of Section 1-3 of the Juvenile Court Act of
12    The Department shall ensure that any child taken into
13custody is scheduled for an appointment for a medical
15    A parent, guardian or custodian of a child in the temporary
16custody of the Department who would have custody of the child
17if he were not in the temporary custody of the Department may
18deliver to the Department a signed request that the Department
19surrender the temporary custody of the child. The Department
20may retain temporary custody of the child for 10 days after the
21receipt of the request, during which period the Department may
22cause to be filed a petition pursuant to the Juvenile Court Act
23of 1987. If a petition is so filed, the Department shall retain
24temporary custody of the child until the court orders
25otherwise. If a petition is not filed within the 10 day period,
26the child shall be surrendered to the custody of the requesting



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1parent, guardian or custodian not later than the expiration of
2the 10 day period, at which time the authority and duties of
3the Department with respect to the temporary custody of the
4child shall terminate.
5    (m-1) The Department may place children under 18 years of
6age in a secure child care facility licensed by the Department
7that cares for children who are in need of secure living
8arrangements for their health, safety, and well-being after a
9determination is made by the facility director and the Director
10or the Director's designate prior to admission to the facility
11subject to Section 2-27.1 of the Juvenile Court Act of 1987.
12This subsection (m-1) does not apply to a child who is subject
13to placement in a correctional facility operated pursuant to
14Section 3-15-2 of the Unified Code of Corrections, unless the
15child is a ward who was placed under the care of the Department
16before being subject to placement in a correctional facility
17and a court of competent jurisdiction has ordered placement of
18the child in a secure care facility.
19    (n) The Department may place children under 18 years of age
20in licensed child care facilities when in the opinion of the
21Department, appropriate services aimed at family preservation
22have been unsuccessful and cannot ensure the child's health and
23safety or are unavailable and such placement would be for their
24best interest. Payment for board, clothing, care, training and
25supervision of any child placed in a licensed child care
26facility may be made by the Department, by the parents or



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1guardians of the estates of those children, or by both the
2Department and the parents or guardians, except that no
3payments shall be made by the Department for any child placed
4in a licensed child care facility for board, clothing, care,
5training and supervision of such a child that exceed the
6average per capita cost of maintaining and of caring for a
7child in institutions for dependent or neglected children
8operated by the Department. However, such restriction on
9payments does not apply in cases where children require
10specialized care and treatment for problems of severe emotional
11disturbance, physical disability, social adjustment, or any
12combination thereof and suitable facilities for the placement
13of such children are not available at payment rates within the
14limitations set forth in this Section. All reimbursements for
15services delivered shall be absolutely inalienable by
16assignment, sale, attachment, garnishment or otherwise.
17    (n-1) The Department shall provide or authorize child
18welfare services, aimed at assisting minors to achieve
19sustainable self-sufficiency as independent adults, for any
20minor eligible for the reinstatement of wardship pursuant to
21subsection (2) of Section 2-33 of the Juvenile Court Act of
221987, whether or not such reinstatement is sought or allowed,
23provided that the minor consents to such services and has not
24yet attained the age of 21. The Department shall have
25responsibility for the development and delivery of services
26under this Section. An eligible youth may access services under



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1this Section through the Department of Children and Family
2Services or by referral from the Department of Human Services.
3Youth participating in services under this Section shall
4cooperate with the assigned case manager in developing an
5agreement identifying the services to be provided and how the
6youth will increase skills to achieve self-sufficiency. A
7homeless shelter is not considered appropriate housing for any
8youth receiving child welfare services under this Section. The
9Department shall continue child welfare services under this
10Section to any eligible minor until the minor becomes 21 years
11of age, no longer consents to participate, or achieves
12self-sufficiency as identified in the minor's service plan. The
13Department of Children and Family Services shall create clear,
14readable notice of the rights of former foster youth to child
15welfare services under this Section and how such services may
16be obtained. The Department of Children and Family Services and
17the Department of Human Services shall disseminate this
18information statewide. The Department shall adopt regulations
19describing services intended to assist minors in achieving
20sustainable self-sufficiency as independent adults.
21    (o) The Department shall establish an administrative
22review and appeal process for children and families who request
23or receive child welfare services from the Department. Children
24who are wards of the Department and are placed by private child
25welfare agencies, and foster families with whom those children
26are placed, shall be afforded the same procedural and appeal



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1rights as children and families in the case of placement by the
2Department, including the right to an initial review of a
3private agency decision by that agency. The Department shall
4insure that any private child welfare agency, which accepts
5wards of the Department for placement, affords those rights to
6children and foster families. The Department shall accept for
7administrative review and an appeal hearing a complaint made by
8(i) a child or foster family concerning a decision following an
9initial review by a private child welfare agency or (ii) a
10prospective adoptive parent who alleges a violation of
11subsection (j-5) of this Section. An appeal of a decision
12concerning a change in the placement of a child shall be
13conducted in an expedited manner. A court determination that a
14current foster home placement is necessary and appropriate
15under Section 2-28 of the Juvenile Court Act of 1987 does not
16constitute a judicial determination on the merits of an
17administrative appeal, filed by a former foster parent,
18involving a change of placement decision.
19    (p) There is hereby created the Department of Children and
20Family Services Emergency Assistance Fund from which the
21Department may provide special financial assistance to
22families which are in economic crisis when such assistance is
23not available through other public or private sources and the
24assistance is deemed necessary to prevent dissolution of the
25family unit or to reunite families which have been separated
26due to child abuse and neglect. The Department shall establish



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1administrative rules specifying the criteria for determining
2eligibility for and the amount and nature of assistance to be
3provided. The Department may also enter into written agreements
4with private and public social service agencies to provide
5emergency financial services to families referred by the
6Department. Special financial assistance payments shall be
7available to a family no more than once during each fiscal year
8and the total payments to a family may not exceed $500 during a
9fiscal year.
10    (q) The Department may receive and use, in their entirety,
11for the benefit of children any gift, donation or bequest of
12money or other property which is received on behalf of such
13children, or any financial benefits to which such children are
14or may become entitled while under the jurisdiction or care of
15the Department.
16    The Department shall set up and administer no-cost,
17interest-bearing accounts in appropriate financial
18institutions for children for whom the Department is legally
19responsible and who have been determined eligible for Veterans'
20Benefits, Social Security benefits, assistance allotments from
21the armed forces, court ordered payments, parental voluntary
22payments, Supplemental Security Income, Railroad Retirement
23payments, Black Lung benefits, or other miscellaneous
24payments. Interest earned by each account shall be credited to
25the account, unless disbursed in accordance with this



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1    In disbursing funds from children's accounts, the
2Department shall:
3        (1) Establish standards in accordance with State and
4    federal laws for disbursing money from children's
5    accounts. In all circumstances, the Department's
6    "Guardianship Administrator" or his or her designee must
7    approve disbursements from children's accounts. The
8    Department shall be responsible for keeping complete
9    records of all disbursements for each account for any
10    purpose.
11        (2) Calculate on a monthly basis the amounts paid from
12    State funds for the child's board and care, medical care
13    not covered under Medicaid, and social services; and
14    utilize funds from the child's account, as covered by
15    regulation, to reimburse those costs. Monthly,
16    disbursements from all children's accounts, up to 1/12 of
17    $13,000,000, shall be deposited by the Department into the
18    General Revenue Fund and the balance over 1/12 of
19    $13,000,000 into the DCFS Children's Services Fund.
20        (3) Maintain any balance remaining after reimbursing
21    for the child's costs of care, as specified in item (2).
22    The balance shall accumulate in accordance with relevant
23    State and federal laws and shall be disbursed to the child
24    or his or her guardian, or to the issuing agency.
25    (r) The Department shall promulgate regulations
26encouraging all adoption agencies to voluntarily forward to the



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1Department or its agent names and addresses of all persons who
2have applied for and have been approved for adoption of a
3hard-to-place or handicapped child and the names of such
4children who have not been placed for adoption. A list of such
5names and addresses shall be maintained by the Department or
6its agent, and coded lists which maintain the confidentiality
7of the person seeking to adopt the child and of the child shall
8be made available, without charge, to every adoption agency in
9the State to assist the agencies in placing such children for
10adoption. The Department may delegate to an agent its duty to
11maintain and make available such lists. The Department shall
12ensure that such agent maintains the confidentiality of the
13person seeking to adopt the child and of the child.
14    (s) The Department of Children and Family Services may
15establish and implement a program to reimburse Department and
16private child welfare agency foster parents licensed by the
17Department of Children and Family Services for damages
18sustained by the foster parents as a result of the malicious or
19negligent acts of foster children, as well as providing third
20party coverage for such foster parents with regard to actions
21of foster children to other individuals. Such coverage will be
22secondary to the foster parent liability insurance policy, if
23applicable. The program shall be funded through appropriations
24from the General Revenue Fund, specifically designated for such
26    (t) The Department shall perform home studies and



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1investigations and shall exercise supervision over visitation
2as ordered by a court pursuant to the Illinois Marriage and
3Dissolution of Marriage Act or the Adoption Act only if:
4        (1) an order entered by an Illinois court specifically
5    directs the Department to perform such services; and
6        (2) the court has ordered one or both of the parties to
7    the proceeding to reimburse the Department for its
8    reasonable costs for providing such services in accordance
9    with Department rules, or has determined that neither party
10    is financially able to pay.
11    The Department shall provide written notification to the
12court of the specific arrangements for supervised visitation
13and projected monthly costs within 60 days of the court order.
14The Department shall send to the court information related to
15the costs incurred except in cases where the court has
16determined the parties are financially unable to pay. The court
17may order additional periodic reports as appropriate.
18    (u) In addition to other information that must be provided,
19whenever the Department places a child with a prospective
20adoptive parent or parents or in a licensed foster home, group
21home, child care institution, or in a relative home, the
22Department shall provide to the prospective adoptive parent or
23parents or other caretaker:
24        (1) available detailed information concerning the
25    child's educational and health history, copies of
26    immunization records (including insurance and medical card



HB2659 Enrolled- 25 -LRB098 08534 RLC 38646 b

1    information), a history of the child's previous
2    placements, if any, and reasons for placement changes
3    excluding any information that identifies or reveals the
4    location of any previous caretaker;
5        (2) a copy of the child's portion of the client service
6    plan, including any visitation arrangement, and all
7    amendments or revisions to it as related to the child; and
8        (3) information containing details of the child's
9    individualized educational plan when the child is
10    receiving special education services.
11    The caretaker shall be informed of any known social or
12behavioral information (including, but not limited to,
13criminal background, fire setting, perpetuation of sexual
14abuse, destructive behavior, and substance abuse) necessary to
15care for and safeguard the children to be placed or currently
16in the home. The Department may prepare a written summary of
17the information required by this paragraph, which may be
18provided to the foster or prospective adoptive parent in
19advance of a placement. The foster or prospective adoptive
20parent may review the supporting documents in the child's file
21in the presence of casework staff. In the case of an emergency
22placement, casework staff shall at least provide known
23information verbally, if necessary, and must subsequently
24provide the information in writing as required by this
26    The information described in this subsection shall be



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1provided in writing. In the case of emergency placements when
2time does not allow prior review, preparation, and collection
3of written information, the Department shall provide such
4information as it becomes available. Within 10 business days
5after placement, the Department shall obtain from the
6prospective adoptive parent or parents or other caretaker a
7signed verification of receipt of the information provided.
8Within 10 business days after placement, the Department shall
9provide to the child's guardian ad litem a copy of the
10information provided to the prospective adoptive parent or
11parents or other caretaker. The information provided to the
12prospective adoptive parent or parents or other caretaker shall
13be reviewed and approved regarding accuracy at the supervisory
15    (u-5) Effective July 1, 1995, only foster care placements
16licensed as foster family homes pursuant to the Child Care Act
17of 1969 shall be eligible to receive foster care payments from
18the Department. Relative caregivers who, as of July 1, 1995,
19were approved pursuant to approved relative placement rules
20previously promulgated by the Department at 89 Ill. Adm. Code
21335 and had submitted an application for licensure as a foster
22family home may continue to receive foster care payments only
23until the Department determines that they may be licensed as a
24foster family home or that their application for licensure is
25denied or until September 30, 1995, whichever occurs first.
26    (v) The Department shall access criminal history record



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1information as defined in the Illinois Uniform Conviction
2Information Act and information maintained in the adjudicatory
3and dispositional record system as defined in Section 2605-355
4of the Department of State Police Law (20 ILCS 2605/2605-355)
5if the Department determines the information is necessary to
6perform its duties under the Abused and Neglected Child
7Reporting Act, the Child Care Act of 1969, and the Children and
8Family Services Act. The Department shall provide for
9interactive computerized communication and processing
10equipment that permits direct on-line communication with the
11Department of State Police's central criminal history data
12repository. The Department shall comply with all certification
13requirements and provide certified operators who have been
14trained by personnel from the Department of State Police. In
15addition, one Office of the Inspector General investigator
16shall have training in the use of the criminal history
17information access system and have access to the terminal. The
18Department of Children and Family Services and its employees
19shall abide by rules and regulations established by the
20Department of State Police relating to the access and
21dissemination of this information.
22    (v-1) Prior to final approval for placement of a child, the
23Department shall conduct a criminal records background check of
24the prospective foster or adoptive parent, including
25fingerprint-based checks of national crime information
26databases. Final approval for placement shall not be granted if



HB2659 Enrolled- 28 -LRB098 08534 RLC 38646 b

1the record check reveals a felony conviction for child abuse or
2neglect, for spousal abuse, for a crime against children, or
3for a crime involving violence, including rape, sexual assault,
4or homicide, but not including other physical assault or
5battery, or if there is a felony conviction for physical
6assault, battery, or a drug-related offense committed within
7the past 5 years.
8    (v-2) Prior to final approval for placement of a child, the
9Department shall check its child abuse and neglect registry for
10information concerning prospective foster and adoptive
11parents, and any adult living in the home. If any prospective
12foster or adoptive parent or other adult living in the home has
13resided in another state in the preceding 5 years, the
14Department shall request a check of that other state's child
15abuse and neglect registry.
16    (w) Within 120 days of August 20, 1995 (the effective date
17of Public Act 89-392), the Department shall prepare and submit
18to the Governor and the General Assembly, a written plan for
19the development of in-state licensed secure child care
20facilities that care for children who are in need of secure
21living arrangements for their health, safety, and well-being.
22For purposes of this subsection, secure care facility shall
23mean a facility that is designed and operated to ensure that
24all entrances and exits from the facility, a building or a
25distinct part of the building, are under the exclusive control
26of the staff of the facility, whether or not the child has the



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1freedom of movement within the perimeter of the facility,
2building, or distinct part of the building. The plan shall
3include descriptions of the types of facilities that are needed
4in Illinois; the cost of developing these secure care
5facilities; the estimated number of placements; the potential
6cost savings resulting from the movement of children currently
7out-of-state who are projected to be returned to Illinois; the
8necessary geographic distribution of these facilities in
9Illinois; and a proposed timetable for development of such
11    (x) The Department shall conduct annual credit history
12checks to determine the financial history of children placed
13under its guardianship pursuant to the Juvenile Court Act of
141987. The Department shall conduct such credit checks starting
15when a ward turns 12 years old and each year thereafter for the
16duration of the guardianship as terminated pursuant to the
17Juvenile Court Act of 1987. The Department shall determine if
18financial exploitation of the child's personal information has
19occurred. If financial exploitation appears to have taken place
20or is presently ongoing, the Department shall notify the proper
21law enforcement agency, the proper State's Attorney, or the
22Attorney General.
23    (y) Beginning on the effective date of this amendatory Act
24of the 96th General Assembly, a child with a disability who
25receives residential and educational services from the
26Department shall be eligible to receive transition services in



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1accordance with Article 14 of the School Code from the age of
214.5 through age 21, inclusive, notwithstanding the child's
3residential services arrangement. For purposes of this
4subsection, "child with a disability" means a child with a
5disability as defined by the federal Individuals with
6Disabilities Education Improvement Act of 2004.
7(Source: P.A. 96-134, eff. 8-7-09; 96-581, eff. 1-1-10; 96-600,
8eff. 8-21-09; 96-619, eff. 1-1-10; 96-760, eff. 1-1-10;
996-1000, eff. 7-2-10; 96-1189, eff. 7-22-10; 97-1150, eff.
11    Section 10. The Juvenile Court Act of 1987 is amended by
12changing Sections 1-3 and 1-5 as follows:
13    (705 ILCS 405/1-3)  (from Ch. 37, par. 801-3)
14    Sec. 1-3. Definitions. Terms used in this Act, unless the
15context otherwise requires, have the following meanings
16ascribed to them:
17    (1) "Adjudicatory hearing" means a hearing to determine
18whether the allegations of a petition under Section 2-13, 3-15
19or 4-12 that a minor under 18 years of age is abused, neglected
20or dependent, or requires authoritative intervention, or
21addicted, respectively, are supported by a preponderance of the
22evidence or whether the allegations of a petition under Section
235-520 that a minor is delinquent are proved beyond a reasonable



HB2659 Enrolled- 31 -LRB098 08534 RLC 38646 b

1    (2) "Adult" means a person 21 years of age or older.
2    (3) "Agency" means a public or private child care facility
3legally authorized or licensed by this State for placement or
4institutional care or for both placement and institutional
6    (4) "Association" means any organization, public or
7private, engaged in welfare functions which include services to
8or on behalf of children but does not include "agency" as
9herein defined.
10    (4.05) Whenever a "best interest" determination is
11required, the following factors shall be considered in the
12context of the child's age and developmental needs:
13        (a) the physical safety and welfare of the child,
14    including food, shelter, health, and clothing;
15        (b) the development of the child's identity;
16        (c) the child's background and ties, including
17    familial, cultural, and religious;
18        (d) the child's sense of attachments, including:
19            (i) where the child actually feels love,
20        attachment, and a sense of being valued (as opposed to
21        where adults believe the child should feel such love,
22        attachment, and a sense of being valued);
23            (ii) the child's sense of security;
24            (iii) the child's sense of familiarity;
25            (iv) continuity of affection for the child;
26            (v) the least disruptive placement alternative for



HB2659 Enrolled- 32 -LRB098 08534 RLC 38646 b

1        the child;
2        (e) the child's wishes and long-term goals;
3        (f) the child's community ties, including church,
4    school, and friends;
5        (g) the child's need for permanence which includes the
6    child's need for stability and continuity of relationships
7    with parent figures and with siblings and other relatives;
8        (h) the uniqueness of every family and child;
9        (i) the risks attendant to entering and being in
10    substitute care; and
11        (j) the preferences of the persons available to care
12    for the child.
13    (4.1) "Chronic truant" shall have the definition ascribed
14to it in Section 26-2a of the School Code.
15    (5) "Court" means the circuit court in a session or
16division assigned to hear proceedings under this Act.
17    (6) "Dispositional hearing" means a hearing to determine
18whether a minor should be adjudged to be a ward of the court,
19and to determine what order of disposition should be made in
20respect to a minor adjudged to be a ward of the court.
21    (7) "Emancipated minor" means any minor 16 years of age or
22over who has been completely or partially emancipated under the
23Emancipation of Minors Act or under this Act.
24    (7.05) "Foster parent" includes a relative caregiver
25selected by the Department of Children and Family Services to
26provide care for the minor.



HB2659 Enrolled- 33 -LRB098 08534 RLC 38646 b

1    (8) "Guardianship of the person" of a minor means the duty
2and authority to act in the best interests of the minor,
3subject to residual parental rights and responsibilities, to
4make important decisions in matters having a permanent effect
5on the life and development of the minor and to be concerned
6with his or her general welfare. It includes but is not
7necessarily limited to:
8        (a) the authority to consent to marriage, to enlistment
9    in the armed forces of the United States, or to a major
10    medical, psychiatric, and surgical treatment; to represent
11    the minor in legal actions; and to make other decisions of
12    substantial legal significance concerning the minor;
13        (b) the authority and duty of reasonable visitation,
14    except to the extent that these have been limited in the
15    best interests of the minor by court order;
16        (c) the rights and responsibilities of legal custody
17    except where legal custody has been vested in another
18    person or agency; and
19        (d) the power to consent to the adoption of the minor,
20    but only if expressly conferred on the guardian in
21    accordance with Section 2-29, 3-30, or 4-27.
22    (9) "Legal custody" means the relationship created by an
23order of court in the best interests of the minor which imposes
24on the custodian the responsibility of physical possession of a
25minor and the duty to protect, train and discipline him and to
26provide him with food, shelter, education and ordinary medical



HB2659 Enrolled- 34 -LRB098 08534 RLC 38646 b

1care, except as these are limited by residual parental rights
2and responsibilities and the rights and responsibilities of the
3guardian of the person, if any.
4    (9.1) "Mentally capable adult relative" means a person 21
5years of age or older who is not suffering from a mental
6illness that prevents him or her from providing the care
7necessary to safeguard the physical safety and welfare of a
8minor who is left in that person's care by the parent or
9parents or other person responsible for the minor's welfare.
10    (10) "Minor" means a person under the age of 21 years
11subject to this Act.
12    (11) "Parent" means the father or mother of a child and
13includes any adoptive parent. It also includes a man (i) whose
14paternity is presumed or has been established under the law of
15this or another jurisdiction or (ii) who has registered with
16the Putative Father Registry in accordance with Section 12.1 of
17the Adoption Act and whose paternity has not been ruled out
18under the law of this or another jurisdiction. It does not
19include a parent whose rights in respect to the minor have been
20terminated in any manner provided by law. It does not include a
21person who has been or could be determined to be a parent under
22the Illinois Parentage Act of 1984, or similar parentage law in
23any other state, if that person has been convicted of or pled
24nolo contendere to a crime that resulted in the conception of
25the child under Section 11-1.20, 11-1.30, 11-1.40, 11-11,
2612-13, 12-14, 12-14.1, subsection (a) or (b) (but not



HB2659 Enrolled- 35 -LRB098 08534 RLC 38646 b

1subsection (c)) of Section 11-1.50 or 12-15, or subsection (a),
2(b), (c), (e), or (f) (but not subsection (d)) of Section
311-1.60 or 12-16 of the Criminal Code of 1961 or the Criminal
4Code of 2012, or similar statute in another jurisdiction unless
5upon motion of any party, other than the offender, to the
6juvenile court proceedings the court finds it is in the child's
7best interest to deem the offender a parent for purposes of the
8juvenile court proceedings.
9    (11.1) "Permanency goal" means a goal set by the court as
10defined in subdivision (2) of Section 2-28.
11    (11.2) "Permanency hearing" means a hearing to set the
12permanency goal and to review and determine (i) the
13appropriateness of the services contained in the plan and
14whether those services have been provided, (ii) whether
15reasonable efforts have been made by all the parties to the
16service plan to achieve the goal, and (iii) whether the plan
17and goal have been achieved.
18    (12) "Petition" means the petition provided for in Section
192-13, 3-15, 4-12 or 5-520, including any supplemental petitions
20thereunder in Section 3-15, 4-12 or 5-520.
21    (12.1) "Physically capable adult relative" means a person
2221 years of age or older who does not have a severe physical
23disability or medical condition, or is not suffering from
24alcoholism or drug addiction, that prevents him or her from
25providing the care necessary to safeguard the physical safety
26and welfare of a minor who is left in that person's care by the



HB2659 Enrolled- 36 -LRB098 08534 RLC 38646 b

1parent or parents or other person responsible for the minor's
3    (12.2) "Post Permanency Sibling Contact Agreement" has the
4meaning ascribed to the term in Section 7.4 of the Children and
5Family Services Act.
6    (13) "Residual parental rights and responsibilities" means
7those rights and responsibilities remaining with the parent
8after the transfer of legal custody or guardianship of the
9person, including, but not necessarily limited to, the right to
10reasonable visitation (which may be limited by the court in the
11best interests of the minor as provided in subsection (8)(b) of
12this Section), the right to consent to adoption, the right to
13determine the minor's religious affiliation, and the
14responsibility for his support.
15    (14) "Shelter" means the temporary care of a minor in
16physically unrestricting facilities pending court disposition
17or execution of court order for placement.
18    (14.1) "Sibling Contact Support Plan" has the meaning
19ascribed to the term in Section 7.4 of the Children and Family
20Services Act.
21    (15) "Station adjustment" means the informal handling of an
22alleged offender by a juvenile police officer.
23    (16) "Ward of the court" means a minor who is so adjudged
24under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
25requisite jurisdictional facts, and thus is subject to the
26dispositional powers of the court under this Act.



HB2659 Enrolled- 37 -LRB098 08534 RLC 38646 b

1    (17) "Juvenile police officer" means a sworn police officer
2who has completed a Basic Recruit Training Course, has been
3assigned to the position of juvenile police officer by his or
4her chief law enforcement officer and has completed the
5necessary juvenile officers training as prescribed by the
6Illinois Law Enforcement Training Standards Board, or in the
7case of a State police officer, juvenile officer training
8approved by the Director of the Department of State Police.
9    (18) "Secure child care facility" means any child care
10facility licensed by the Department of Children and Family
11Services to provide secure living arrangements for children
12under 18 years of age who are subject to placement in
13facilities under the Children and Family Services Act and who
14are not subject to placement in facilities for whom standards
15are established by the Department of Corrections under Section
163-15-2 of the Unified Code of Corrections. "Secure child care
17facility" also means a facility that is designed and operated
18to ensure that all entrances and exits from the facility, a
19building, or a distinct part of the building are under the
20exclusive control of the staff of the facility, whether or not
21the child has the freedom of movement within the perimeter of
22the facility, building, or distinct part of the building.
23(Source: P.A. 96-168, eff. 8-10-09; 97-568, eff. 8-25-11;
2497-1076, eff. 8-24-12; 97-1150, eff. 1-25-13.)
25    (705 ILCS 405/1-5)  (from Ch. 37, par. 801-5)



HB2659 Enrolled- 38 -LRB098 08534 RLC 38646 b

1    Sec. 1-5. Rights of parties to proceedings.
2    (1) Except as provided in this Section and paragraph (2) of
3Sections 2-22, 3-23, 4-20, 5-610 or 5-705, the minor who is the
4subject of the proceeding and his parents, guardian, legal
5custodian or responsible relative who are parties respondent
6have the right to be present, to be heard, to present evidence
7material to the proceedings, to cross-examine witnesses, to
8examine pertinent court files and records and also, although
9proceedings under this Act are not intended to be adversary in
10character, the right to be represented by counsel. At the
11request of any party financially unable to employ counsel, with
12the exception of a foster parent permitted to intervene under
13this Section, the court shall appoint the Public Defender or
14such other counsel as the case may require. Counsel appointed
15for the minor and any indigent party shall appear at all stages
16of the trial court proceeding, and such appointment shall
17continue through the permanency hearings and termination of
18parental rights proceedings subject to withdrawal or
19substitution pursuant to Supreme Court Rules or the Code of
20Civil Procedure. Following the dispositional hearing, the
21court may require appointed counsel, other than counsel for the
22minor or counsel for the guardian ad litem, to withdraw his or
23her appearance upon failure of the party for whom counsel was
24appointed under this Section to attend any subsequent
26    No hearing on any petition or motion filed under this Act



HB2659 Enrolled- 39 -LRB098 08534 RLC 38646 b

1may be commenced unless the minor who is the subject of the
2proceeding is represented by counsel. Notwithstanding the
3preceding sentence, if a guardian ad litem has been appointed
4for the minor under Section 2-17 of this Act and the guardian
5ad litem is a licensed attorney at law of this State, or in the
6event that a court appointed special advocate has been
7appointed as guardian ad litem and counsel has been appointed
8to represent the court appointed special advocate, the court
9may not require the appointment of counsel to represent the
10minor unless the court finds that the minor's interests are in
11conflict with what the guardian ad litem determines to be in
12the best interest of the minor. Each adult respondent shall be
13furnished a written "Notice of Rights" at or before the first
14hearing at which he or she appears.
15    (1.5) The Department shall maintain a system of response to
16inquiry made by parents or putative parents as to whether their
17child is under the custody or guardianship of the Department;
18and if so, the Department shall direct the parents or putative
19parents to the appropriate court of jurisdiction, including
20where inquiry may be made of the clerk of the court regarding
21the case number and the next scheduled court date of the
22minor's case. Effective notice and the means of accessing
23information shall be given to the public on a continuing basis
24by the Department.
25    (2) (a) Though not appointed guardian or legal custodian or
26otherwise made a party to the proceeding, any current or



HB2659 Enrolled- 40 -LRB098 08534 RLC 38646 b

1previously appointed foster parent or relative caregiver, or
2representative of an agency or association interested in the
3minor has the right to be heard by the court, but does not
4thereby become a party to the proceeding.
5    In addition to the foregoing right to be heard by the
6court, any current foster parent or relative caregiver of a
7minor and the agency designated by the court or the Department
8of Children and Family Services as custodian of the minor who
9is alleged to be or has been adjudicated an abused or neglected
10minor under Section 2-3 or a dependent minor under Section 2-4
11of this Act has the right to and shall be given adequate notice
12at all stages of any hearing or proceeding under this Act.
13    Any foster parent or relative caregiver who is denied his
14or her right to be heard under this Section may bring a
15mandamus action under Article XIV of the Code of Civil
16Procedure against the court or any public agency to enforce
17that right. The mandamus action may be brought immediately upon
18the denial of those rights but in no event later than 30 days
19after the foster parent has been denied the right to be heard.
20    (b) If after an adjudication that a minor is abused or
21neglected as provided under Section 2-21 of this Act and a
22motion has been made to restore the minor to any parent,
23guardian, or legal custodian found by the court to have caused
24the neglect or to have inflicted the abuse on the minor, a
25foster parent may file a motion to intervene in the proceeding
26for the sole purpose of requesting that the minor be placed



HB2659 Enrolled- 41 -LRB098 08534 RLC 38646 b

1with the foster parent, provided that the foster parent (i) is
2the current foster parent of the minor or (ii) has previously
3been a foster parent for the minor for one year or more, has a
4foster care license or is eligible for a license or is not
5required to have a license, and is not the subject of any
6findings of abuse or neglect of any child. The juvenile court
7may only enter orders placing a minor with a specific foster
8parent under this subsection (2)(b) and nothing in this Section
9shall be construed to confer any jurisdiction or authority on
10the juvenile court to issue any other orders requiring the
11appointed guardian or custodian of a minor to place the minor
12in a designated foster home or facility. This Section is not
13intended to encompass any matters that are within the scope or
14determinable under the administrative and appeal process
15established by rules of the Department of Children and Family
16Services under Section 5(o) of the Children and Family Services
17Act. Nothing in this Section shall relieve the court of its
18responsibility, under Section 2-14(a) of this Act to act in a
19just and speedy manner to reunify families where it is the best
20interests of the minor and the child can be cared for at home
21without endangering the child's health or safety and, if
22reunification is not in the best interests of the minor, to
23find another permanent home for the minor. Nothing in this
24Section, or in any order issued by the court with respect to
25the placement of a minor with a foster parent, shall impair the
26ability of the Department of Children and Family Services, or



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1anyone else authorized under Section 5 of the Abused and
2Neglected Child Reporting Act, to remove a minor from the home
3of a foster parent if the Department of Children and Family
4Services or the person removing the minor has reason to believe
5that the circumstances or conditions of the minor are such that
6continuing in the residence or care of the foster parent will
7jeopardize the child's health and safety or present an imminent
8risk of harm to that minor's life.
9    (c) If a foster parent has had the minor who is the subject
10of the proceeding under Article II in his or her home for more
11than one year on or after July 3, 1994 and if the minor's
12placement is being terminated from that foster parent's home,
13that foster parent shall have standing and intervenor status
14except in those circumstances where the Department of Children
15and Family Services or anyone else authorized under Section 5
16of the Abused and Neglected Child Reporting Act has removed the
17minor from the foster parent because of a reasonable belief
18that the circumstances or conditions of the minor are such that
19continuing in the residence or care of the foster parent will
20jeopardize the child's health or safety or presents an imminent
21risk of harm to the minor's life.
22    (d) The court may grant standing to any foster parent if
23the court finds that it is in the best interest of the child
24for the foster parent to have standing and intervenor status.
25    (3) Parties respondent are entitled to notice in compliance
26with Sections 2-15 and 2-16, 3-17 and 3-18, 4-14 and 4-15 or



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15-525 and 5-530, as appropriate. At the first appearance before
2the court by the minor, his parents, guardian, custodian or
3responsible relative, the court shall explain the nature of the
4proceedings and inform the parties of their rights under the
5first 2 paragraphs of this Section.
6    If the child is alleged to be abused, neglected or
7dependent, the court shall admonish the parents that if the
8court declares the child to be a ward of the court and awards
9custody or guardianship to the Department of Children and
10Family Services, the parents must cooperate with the Department
11of Children and Family Services, comply with the terms of the
12service plans, and correct the conditions that require the
13child to be in care, or risk termination of their parental
15    Upon an adjudication of wardship of the court under
16Sections 2-22, 3-23, 4-20 or 5-705, the court shall inform the
17parties of their right to appeal therefrom as well as from any
18other final judgment of the court.
19    When the court finds that a child is an abused, neglected,
20or dependent minor under Section 2-21, the court shall admonish
21the parents that the parents must cooperate with the Department
22of Children and Family Services, comply with the terms of the
23service plans, and correct the conditions that require the
24child to be in care, or risk termination of their parental
26    When the court declares a child to be a ward of the court



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1and awards guardianship to the Department of Children and
2Family Services under Section 2-22, the court shall admonish
3the parents, guardian, custodian, or responsible relative that
4the parents must cooperate with the Department of Children and
5Family Services, comply with the terms of the service plans,
6and correct the conditions that require the child to be in
7care, or risk termination of their parental rights.
8    (4) No sanction may be applied against the minor who is the
9subject of the proceedings by reason of his refusal or failure
10to testify in the course of any hearing held prior to final
11adjudication under Section 2-22, 3-23, 4-20 or 5-705.
12    (5) In the discretion of the court, the minor may be
13excluded from any part or parts of a dispositional hearing and,
14with the consent of the parent or parents, guardian, counsel or
15a guardian ad litem, from any part or parts of an adjudicatory
17    (6) The general public except for the news media and the
18crime victim, as defined in Section 3 of the Rights of Crime
19Victims and Witnesses Act, shall be excluded from any hearing
20and, except for the persons specified in this Section only
21persons, including representatives of agencies and
22associations, who in the opinion of the court have a direct
23interest in the case or in the work of the court shall be
24admitted to the hearing. However, the court may, for the
25minor's safety and protection and for good cause shown,
26prohibit any person or agency present in court from further



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1disclosing the minor's identity. Nothing in this subsection (6)
2prevents the court from allowing other juveniles to be present
3or to participate in a court session being held under the
4Juvenile Drug Court Treatment Act.
5    (7) A party shall not be entitled to exercise the right to
6a substitution of a judge without cause under subdivision
7(a)(2) of Section 2-1001 of the Code of Civil Procedure in a
8proceeding under this Act if the judge is currently assigned to
9a proceeding involving the alleged abuse, neglect, or
10dependency of the minor's sibling or half sibling and that
11judge has made a substantive ruling in the proceeding involving
12the minor's sibling or half sibling.
13(Source: P.A. 93-539, eff. 8-18-03; 94-271, eff. 1-1-06.)