Illinois General Assembly - Full Text of HB4496
Illinois General Assembly

Previous General Assemblies

Full Text of HB4496  98th General Assembly




HB4496 EngrossedLRB098 19356 RLC 54509 b

1    AN ACT concerning courts.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Section 5-745 as follows:
6    (705 ILCS 405/5-745)
7    Sec. 5-745. Court review.
8    (1) The court may require any legal custodian or guardian
9of the person appointed under this Act, including the
10Department of Juvenile Justice for youth committed under
11Section 5-750 of this Act, to report periodically to the court
12or may cite him or her into court and require him or her, or his
13or her agency, to make a full and accurate report of his or her
14or its doings in behalf of the minor, including efforts to
15secure post-release placement of the youth after release from
16the Department's facilities. The legal custodian or guardian,
17within 10 days after the citation, shall make the report,
18either in writing verified by affidavit or orally under oath in
19open court, or otherwise as the court directs. Upon the hearing
20of the report the court may remove the legal custodian or
21guardian and appoint another in his or her stead or restore the
22minor to the custody of his or her parents or former guardian
23or legal custodian.



HB4496 Engrossed- 2 -LRB098 19356 RLC 54509 b

1    (1.5) The Department of Juvenile Justice shall file a
2critical incident report with the court within 10 days of the
3occurrence of a critical incident involving a youth committed
4to the Department. "Critical incident" means an incident that
5involves a serious risk to the life, health, or wellbeing of
6the youth, including, but not limited to, an accident or
7suicide attempt resulting in serious bodily harm or
8hospitalization, psychiatric hospitalization, alleged or
9suspected abuse, or escape or attempted escape from custody.
10The report shall contain a brief description of the incident, a
11summary of the actions the Department took as a result of the
12incident, and relevant information regarding the youth's
13current physical, mental, and emotional health. Upon receipt of
14the critical incident report, the court shall review the report
15and may require the Department to make a full report under
16subsection (1) of this Section.
17    (2) A guardian or legal custodian appointed by the court
18under this Act shall file updated case plans with the court
19every 6 months. Every agency which has guardianship of a child
20shall file a supplemental petition for court review, or review
21by an administrative body appointed or approved by the court
22and further order within 18 months of the sentencing order and
23each 18 months thereafter. The petition shall state facts
24relative to the child's present condition of physical, mental
25and emotional health as well as facts relative to his or her
26present custodial or foster care. The petition shall be set for



HB4496 Engrossed- 3 -LRB098 19356 RLC 54509 b

1hearing and the clerk shall mail 10 days notice of the hearing
2by certified mail, return receipt requested, to the person or
3agency having the physical custody of the child, the minor and
4other interested parties unless a written waiver of notice is
5filed with the petition.
6    If the minor is in the custody of the Illinois Department
7of Children and Family Services, pursuant to an order entered
8under this Article, the court shall conduct permanency hearings
9as set out in subsections (1), (2), and (3) of Section 2-28 of
10Article II of this Act.
11    Rights of wards of the court under this Act are enforceable
12against any public agency by complaints for relief by mandamus
13filed in any proceedings brought under this Act.
14    (2.1) The following provisions apply if the minor is in the
15physical custody of the Department of Juvenile Justice. The
16Department of Juvenile Justice shall file updated case plans
17with the court every 6 months. The plan shall also be provided
18to the minor's court appointed guardian ad litem, when the
19Department has received written notice of the appointment and a
20copy of the order making the appointment. When the court record
21includes the last known addresses for the minor's parents and
22guardian, the Department shall send a notice to the parents or
23guardian that the plan is available and the Department shall
24provide the plan to the parents or guardian upon request. On or
25before January 1, 2015, the Department of Juvenile Justice
26shall adopt final rules setting out the information to be



HB4496 Engrossed- 4 -LRB098 19356 RLC 54509 b

1contained in the case plan. The rules shall require that the
2information in the case plan is sufficient to assist the court
3in determining whether the minor's incarceration is consistent
4with the goals under Section 5-101 of this Act. The rules shall
5ensure that the materials and information contained in the plan
6do not violate the minor's federal and State rights to privacy
7and confidentiality and shall establish procedures whereby
8these rights may be expressly waived in writing by the minor or
9the minor's guardian or parent if waiver is authorized by law.
10Upon receipt of the plan, the court shall review the case plan
11and determine whether a hearing would serve the minor's best
12interests. The guardian ad litem, parent, or guardian of the
13minor may request that the court conduct a hearing. When the
14court has set a hearing on the case plan, the clerk shall mail
15notice of the hearing to the Director of Juvenile Justice and
16the minor's guardian ad litem at least 10 days prior to the
17hearing and when the court record includes their last known
18addresses, to the minor's parents and guardian. If the minor
19does not have an attorney or guardian ad litem appointed, the
20court may appoint an attorney or guardian ad litem, or both,
21for the minor. In conducting hearings under this Section, the
22court may take testimony of witnesses and order that the minor
23participate in the hearing by way of teleconferencing or
24audio-visual communication, if this communication technology
25is available. If after receiving evidence, the court determines
26that the services contained in the plan are not reasonably



HB4496 Engrossed- 5 -LRB098 19356 RLC 54509 b

1calculated to prepare the minor for a successful reentry into
2the community, the court shall put in writing the factual basis
3supporting the determination and enter specific findings based
4on the evidence. The court also shall enter an order for the
5Department to develop and implement a new case plan or to
6implement changes to the current case plan consistent with the
7court's findings. The new case plan shall be filed with the
8court and served on all parties within 45 days of the date of
9the order. The court shall continue the matter until the new
10case plan is filed. Unless otherwise specifically authorized by
11law, the court may not under this subsection (2.1) order
12specific placements, specific services, or specific service
13providers to be included in the plan.
14    (3) The minor or any person interested in the minor may
15apply to the court for a change in custody of the minor and the
16appointment of a new custodian or guardian of the person or for
17the restoration of the minor to the custody of his or her
18parents or former guardian or custodian. In the event that the
19minor has attained 18 years of age and the guardian or
20custodian petitions the court for an order terminating his or
21her guardianship or custody, guardianship or legal custody
22shall terminate automatically 30 days after the receipt of the
23petition unless the court orders otherwise. No legal custodian
24or guardian of the person may be removed without his or her
25consent until given notice and an opportunity to be heard by
26the court.



HB4496 Engrossed- 6 -LRB098 19356 RLC 54509 b

1(Source: P.A. 96-178, eff. 1-1-10; 97-518, eff. 1-1-12.)