Full Text of HB0616 95th General Assembly
HB0616sam001 95TH GENERAL ASSEMBLY
|
Sen. James F. Clayborne Jr.
Filed: 4/27/2007
|
|
09500HB0616sam001 |
|
LRB095 05209 DRJ 34896 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 616
| 2 |
| AMENDMENT NO. ______. Amend House Bill 616 on page 11, | 3 |
| after line 19, by inserting the following:
| 4 |
| "Section 10. The Juvenile Court Act of 1987 is amended by | 5 |
| changing Sections 2-10, 2-13, and 2-25 as follows:
| 6 |
| (705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
| 7 |
| Sec. 2-10. Temporary custody hearing. At the appearance of | 8 |
| the
minor before the court at the temporary custody hearing, | 9 |
| all
witnesses present shall be examined before the court in | 10 |
| relation to any
matter connected with the allegations made in | 11 |
| the petition.
| 12 |
| (1) If the court finds that there is not probable cause to | 13 |
| believe
that the minor is abused, neglected or dependent it | 14 |
| shall release
the minor and dismiss the petition.
| 15 |
| (2) If the court finds that there is probable cause to | 16 |
| believe that
the minor is abused, neglected or dependent, the |
|
|
|
09500HB0616sam001 |
- 2 - |
LRB095 05209 DRJ 34896 a |
|
| 1 |
| court shall state in writing
the factual basis supporting its | 2 |
| finding and the minor, his or her parent,
guardian, custodian | 3 |
| and other persons able to give relevant testimony
shall be | 4 |
| examined before the court. The Department of Children and
| 5 |
| Family Services shall give testimony concerning indicated | 6 |
| reports of abuse
and neglect, of which they are aware of | 7 |
| through the central registry,
involving the minor's parent, | 8 |
| guardian or custodian. After such
testimony, the court may, | 9 |
| consistent with
the health,
safety and best interests of the | 10 |
| minor,
enter an order that the minor shall be released
upon the | 11 |
| request of parent, guardian or custodian if the parent, | 12 |
| guardian
or custodian appears to take custody. If it is | 13 |
| determined that a parent's, guardian's, or custodian's | 14 |
| compliance with critical services mitigates the necessity for | 15 |
| removal of the minor from his or her home, the court may enter | 16 |
| an Order of Protection setting forth reasonable conditions of | 17 |
| behavior that a parent, guardian, or custodian must observe for | 18 |
| a specified period of time, not to exceed 12 months, without a | 19 |
| violation; provided, however, that the 12-month period shall | 20 |
| begin anew after any violation. Custodian shall include any | 21 |
| agency of
the State which has been given custody or wardship of | 22 |
| the child. If it is
consistent with the health, safety and best | 23 |
| interests of the
minor, the
court may also prescribe shelter | 24 |
| care and
order that the minor be kept in a suitable place | 25 |
| designated by the court or in
a shelter care facility | 26 |
| designated by the Department of Children and Family
Services or |
|
|
|
09500HB0616sam001 |
- 3 - |
LRB095 05209 DRJ 34896 a |
|
| 1 |
| a licensed child welfare
agency; however, a minor charged with | 2 |
| a
criminal offense under the Criminal Code of 1961 or | 3 |
| adjudicated delinquent
shall not be placed in the custody of or | 4 |
| committed to the Department of
Children and Family Services by | 5 |
| any court, except a minor less than 13
years of age and | 6 |
| committed to the Department of Children and Family Services
| 7 |
| under Section 5-710 of this Act or a minor for whom an | 8 |
| independent
basis of
abuse, neglect, or dependency exists, | 9 |
| which must be defined by departmental
rule.
In placing the | 10 |
| minor, the Department or other
agency shall, to the extent
| 11 |
| compatible with the court's order, comply with Section 7 of the | 12 |
| Children and
Family Services Act.
In determining
the health, | 13 |
| safety and best interests of the minor to prescribe shelter
| 14 |
| care, the court must
find that it is a matter of immediate and | 15 |
| urgent necessity for the safety
and protection
of the minor or | 16 |
| of the person or property of another that the minor be placed
| 17 |
| in a shelter care facility or that he or she is likely to flee | 18 |
| the jurisdiction
of the court, and must further find that | 19 |
| reasonable efforts have been made or
that, consistent with the | 20 |
| health, safety and best interests of
the minor, no efforts | 21 |
| reasonably can be made to
prevent or eliminate the necessity of | 22 |
| removal of the minor from his or her
home. The court shall | 23 |
| require documentation from the Department of Children and
| 24 |
| Family Services as to the reasonable efforts that were made to | 25 |
| prevent or
eliminate the necessity of removal of the minor from | 26 |
| his or her home or the
reasons why no efforts reasonably could |
|
|
|
09500HB0616sam001 |
- 4 - |
LRB095 05209 DRJ 34896 a |
|
| 1 |
| be made to prevent or eliminate the
necessity of removal. When | 2 |
| a minor is placed in the home of a relative, the
Department of | 3 |
| Children and Family Services shall complete a preliminary
| 4 |
| background review of the members of the minor's custodian's | 5 |
| household in
accordance with Section 4.3 of the Child Care Act | 6 |
| of 1969 within 90 days of
that placement. If the minor is | 7 |
| ordered placed in a shelter care facility of
the Department of | 8 |
| Children and
Family Services or a licensed child welfare | 9 |
| agency, the court shall, upon
request of the appropriate | 10 |
| Department or other agency, appoint the
Department of Children | 11 |
| and Family Services Guardianship Administrator or
other | 12 |
| appropriate agency executive temporary custodian of the minor | 13 |
| and the
court may enter such other orders related to the | 14 |
| temporary custody as it
deems fit and proper, including the | 15 |
| provision of services to the minor or
his family to ameliorate | 16 |
| the causes contributing to the finding of probable
cause or to | 17 |
| the finding of the existence of immediate and urgent necessity.
| 18 |
| Where the Department of Children and Family Services | 19 |
| Guardianship Administrator is appointed as the executive | 20 |
| temporary custodian, the Department of Children and Family | 21 |
| Services shall file with the court and serve on the parties a | 22 |
| parent-child visiting plan, within 10 days, excluding weekends | 23 |
| and holidays, after the appointment. The parent-child visiting | 24 |
| plan shall set out the time and place of visits, the frequency | 25 |
| of visits, the length of visits, who shall be present at the | 26 |
| visits, and where appropriate, the minor's opportunities to |
|
|
|
09500HB0616sam001 |
- 5 - |
LRB095 05209 DRJ 34896 a |
|
| 1 |
| have telephone and mail communication with the parents. For | 2 |
| good cause, the court may waive the requirement to file the | 3 |
| parent-child visiting plan or extend the time for filing the | 4 |
| parent-child visiting plan. Any party may, by motion, request | 5 |
| the court to review the parent-child visiting plan to determine | 6 |
| whether it is reasonably calculated to expeditiously | 7 |
| facilitate the achievement of the permanency goal and is | 8 |
| consistent with the minor's best interest. The frequency, | 9 |
| duration, and locations of visitation shall be measured by the | 10 |
| needs of the child and family, and not by the convenience of | 11 |
| Department personnel. Child development principles shall be | 12 |
| considered by the court in its analysis of how frequent | 13 |
| visitation should be, how long it should last, where it should | 14 |
| take place, and who should be present. If upon motion of the | 15 |
| party to review the plan and after receiving evidence, the | 16 |
| court determines that the parent-child visiting plan is not | 17 |
| reasonably calculated to expeditiously facilitate the | 18 |
| achievement of the permanency goal or that the restrictions | 19 |
| placed on parent-child contact are contrary to the child's best | 20 |
| interests, the court shall put in writing the factual basis | 21 |
| supporting the determination and enter specific findings based | 22 |
| on the evidence. The court shall enter an order for the | 23 |
| Department to implement changes to the parent-child visiting | 24 |
| plan, consistent with the court's findings. At any stage of | 25 |
| proceeding, any party may by motion request the court to enter | 26 |
| any orders necessary to implement the parent-child visiting |
|
|
|
09500HB0616sam001 |
- 6 - |
LRB095 05209 DRJ 34896 a |
|
| 1 |
| plan. Nothing under this subsection (2) shall restrict the | 2 |
| court from granting discretionary authority to the Department | 3 |
| to increase opportunities for additional parent-child | 4 |
| contacts, without further court orders. Nothing in this | 5 |
| subsection (2) shall restrict the Department from immediately | 6 |
| restricting or terminating parent-child contact, without | 7 |
| either amending the parent-child visiting plan or obtaining a | 8 |
| court order, where the Department or its assigns reasonably | 9 |
| believe that continuation of parent-child contact, as set out | 10 |
| in the parent-child visiting plan, would be contrary to the | 11 |
| child's health, safety, and welfare. The Department shall file | 12 |
| with the court and serve on the parties any amendments to the | 13 |
| visitation plan within 10 days, excluding weekends and | 14 |
| holidays, of the change of the visitation. Any party may, by | 15 |
| motion, request the court to review the parent-child visiting | 16 |
| plan to determine whether the parent-child visiting plan is | 17 |
| reasonably calculated to expeditiously facilitate the | 18 |
| achievement of the permanency goal, and is consistent with the | 19 |
| minor's health, safety, and best interest.
| 20 |
| Acceptance of services shall not be considered an admission | 21 |
| of any
allegation in a petition made pursuant to this Act, nor | 22 |
| may a referral of
services be considered as evidence in any | 23 |
| proceeding pursuant to this Act,
except where the issue is | 24 |
| whether the Department has made reasonable
efforts to reunite | 25 |
| the family. In making its findings that it is
consistent with | 26 |
| the health, safety and best
interests of the minor to prescribe |
|
|
|
09500HB0616sam001 |
- 7 - |
LRB095 05209 DRJ 34896 a |
|
| 1 |
| shelter care, the court shall state in
writing (i) the factual | 2 |
| basis supporting its findings concerning the
immediate and | 3 |
| urgent necessity for the protection of the minor or of the | 4 |
| person
or property of another and (ii) the factual basis | 5 |
| supporting its findings that
reasonable efforts were made to | 6 |
| prevent or eliminate the removal of the minor
from his or her | 7 |
| home or that no efforts reasonably could be made to prevent or
| 8 |
| eliminate the removal of the minor from his or her home. The
| 9 |
| parents, guardian, custodian, temporary custodian and minor | 10 |
| shall each be
furnished a copy of such written findings. The | 11 |
| temporary custodian shall
maintain a copy of the court order | 12 |
| and written findings in the case record
for the child. The | 13 |
| order together with the court's findings of fact in
support | 14 |
| thereof shall be entered of record in the court.
| 15 |
| Once the court finds that it is a matter of immediate and | 16 |
| urgent necessity
for the protection of the minor that the minor | 17 |
| be placed in a shelter care
facility, the minor shall not be | 18 |
| returned to the parent, custodian or guardian
until the court | 19 |
| finds that such placement is no longer necessary for the
| 20 |
| protection of the minor.
| 21 |
| If the child is placed in the temporary custody of the | 22 |
| Department of
Children
and Family
Services for his or her | 23 |
| protection, the court shall admonish the parents,
guardian,
| 24 |
| custodian or responsible relative that the parents must | 25 |
| cooperate with the
Department of Children and Family Services, | 26 |
| comply
with the terms of the service plans, and correct the |
|
|
|
09500HB0616sam001 |
- 8 - |
LRB095 05209 DRJ 34896 a |
|
| 1 |
| conditions which require
the child to be in care, or risk | 2 |
| termination of their parental
rights.
| 3 |
| (3) If prior to the shelter care hearing for a minor | 4 |
| described in Sections
2-3, 2-4, 3-3 and 4-3 the moving party is | 5 |
| unable to serve notice on the
party respondent, the shelter | 6 |
| care hearing may proceed ex-parte. A shelter
care order from an | 7 |
| ex-parte hearing shall be endorsed with the date and
hour of | 8 |
| issuance and shall be filed with the clerk's office and entered | 9 |
| of
record. The order shall expire after 10 days from the time | 10 |
| it is issued
unless before its expiration it is renewed, at a | 11 |
| hearing upon appearance
of the party respondent, or upon an | 12 |
| affidavit of the moving party as to all
diligent efforts to | 13 |
| notify the party respondent by notice as herein
prescribed. The | 14 |
| notice prescribed shall be in writing and shall be
personally | 15 |
| delivered to the minor or the minor's attorney and to the last
| 16 |
| known address of the other person or persons entitled to | 17 |
| notice. The
notice shall also state the nature of the | 18 |
| allegations, the nature of the
order sought by the State, | 19 |
| including whether temporary custody is sought,
and the | 20 |
| consequences of failure to appear and shall contain a notice
| 21 |
| that the parties will not be entitled to further written | 22 |
| notices or publication
notices of proceedings in this case, | 23 |
| including the filing of an amended
petition or a motion to | 24 |
| terminate parental rights, except as required by
Supreme Court | 25 |
| Rule 11; and shall explain the
right of
the parties and the | 26 |
| procedures to vacate or modify a shelter care order as
provided |
|
|
|
09500HB0616sam001 |
- 9 - |
LRB095 05209 DRJ 34896 a |
|
| 1 |
| in this Section. The notice for a shelter care hearing shall be
| 2 |
| substantially as follows:
| 3 |
| NOTICE TO PARENTS AND CHILDREN
| 4 |
| OF SHELTER CARE HEARING
| 5 |
| On ................ at ........., before the Honorable | 6 |
| ................,
(address:) ................., the State | 7 |
| of Illinois will present evidence
(1) that (name of child | 8 |
| or children) ....................... are abused,
neglected | 9 |
| or dependent for the following reasons:
| 10 |
| ..............................................
and (2) | 11 |
| whether
that there is "immediate and urgent necessity" to | 12 |
| remove the child
or children from the responsible relative.
| 13 |
| YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN | 14 |
| PLACEMENT of the
child or children in foster care until a | 15 |
| trial can be held. A trial may
not be held for up to 90 | 16 |
| days. You will not be entitled to further notices
of | 17 |
| proceedings in this case, including the filing of an | 18 |
| amended petition or a
motion to terminate parental rights.
| 19 |
| At the shelter care hearing, parents have the following | 20 |
| rights:
| 21 |
| 1. To ask the court to appoint a lawyer if they | 22 |
| cannot afford one.
| 23 |
| 2. To ask the court to continue the hearing to | 24 |
| allow them time to
prepare.
| 25 |
| 3. To present evidence concerning:
| 26 |
| a. Whether or not the child or children were |
|
|
|
09500HB0616sam001 |
- 10 - |
LRB095 05209 DRJ 34896 a |
|
| 1 |
| abused, neglected
or dependent.
| 2 |
| b. Whether or not there is "immediate and | 3 |
| urgent necessity" to remove
the child from home | 4 |
| (including: their ability to care for the child,
| 5 |
| conditions in the home, alternative means of | 6 |
| protecting the child other
than removal).
| 7 |
| c. The best interests of the child.
| 8 |
| 4. To cross examine the State's witnesses.
| 9 |
| The Notice for rehearings shall be substantially as | 10 |
| follows:
| 11 |
| NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
| 12 |
| TO REHEARING ON TEMPORARY CUSTODY
| 13 |
| If you were not present at and did not have adequate | 14 |
| notice of the
Shelter Care Hearing at which temporary | 15 |
| custody of ............... was
awarded to | 16 |
| ................, you have the right to request a full | 17 |
| rehearing
on whether the State should have temporary | 18 |
| custody of ................. To
request this rehearing, | 19 |
| you must file with the Clerk of the Juvenile Court
| 20 |
| (address): ........................, in person or by | 21 |
| mailing a statement
(affidavit) setting forth the | 22 |
| following:
| 23 |
| 1. That you were not present at the shelter care | 24 |
| hearing.
| 25 |
| 2. That you did not get adequate notice (explaining |
|
|
|
09500HB0616sam001 |
- 11 - |
LRB095 05209 DRJ 34896 a |
|
| 1 |
| how the notice
was inadequate).
| 2 |
| 3. Your signature.
| 3 |
| 4. Signature must be notarized.
| 4 |
| The rehearing should be scheduled within 48 hours of | 5 |
| your filing this
affidavit.
| 6 |
| At the rehearing, your rights are the same as at the | 7 |
| initial shelter care
hearing. The enclosed notice explains | 8 |
| those rights.
| 9 |
| At the Shelter Care Hearing, children have the | 10 |
| following rights:
| 11 |
| 1. To have a guardian ad litem appointed.
| 12 |
| 2. To be declared competent as a witness and to | 13 |
| present testimony
concerning:
| 14 |
| a. Whether they are abused, neglected or | 15 |
| dependent.
| 16 |
| b. Whether there is "immediate and urgent | 17 |
| necessity" to be
removed from home.
| 18 |
| c. Their best interests.
| 19 |
| 3. To cross examine witnesses for other parties.
| 20 |
| 4. To obtain an explanation of any proceedings and | 21 |
| orders of the
court.
| 22 |
| (4) If the parent, guardian, legal custodian, responsible | 23 |
| relative,
minor age 8 or over, or counsel of the minor did not | 24 |
| have actual notice of
or was not present at the shelter care | 25 |
| hearing, he or she may file an
affidavit setting forth these | 26 |
| facts, and the clerk shall set the matter for
rehearing not |
|
|
|
09500HB0616sam001 |
- 12 - |
LRB095 05209 DRJ 34896 a |
|
| 1 |
| later than 48 hours, excluding Sundays and legal holidays,
| 2 |
| after the filing of the affidavit. At the rehearing, the court | 3 |
| shall
proceed in the same manner as upon the original hearing.
| 4 |
| (5) Only when there is reasonable cause to believe that the | 5 |
| minor
taken into custody is a person described in subsection | 6 |
| (3) of Section
5-105 may the minor be
kept or detained in a | 7 |
| detention home or county or municipal jail. This
Section shall | 8 |
| in no way be construed to limit subsection (6).
| 9 |
| (6) No minor under 16 years of age may be confined in a | 10 |
| jail or place
ordinarily used for the confinement of prisoners | 11 |
| in a police station. Minors
under 17 years of age must be kept | 12 |
| separate from confined adults and may
not at any time be kept | 13 |
| in the same cell, room, or yard with adults confined
pursuant | 14 |
| to the criminal law.
| 15 |
| (7) If the minor is not brought before a judicial officer | 16 |
| within the
time period as specified in Section 2-9, the minor | 17 |
| must immediately be
released from custody.
| 18 |
| (8) If neither the parent, guardian or custodian appears | 19 |
| within 24
hours to take custody of a minor released upon | 20 |
| request pursuant to
subsection (2) of this Section, then the | 21 |
| clerk of the court shall set the
matter for rehearing not later | 22 |
| than 7 days after the original order and
shall issue a summons | 23 |
| directed to the parent, guardian or custodian to
appear. At the | 24 |
| same time the probation department shall prepare a report
on | 25 |
| the minor. If a parent, guardian or custodian does not appear | 26 |
| at such
rehearing, the judge may enter an order prescribing |
|
|
|
09500HB0616sam001 |
- 13 - |
LRB095 05209 DRJ 34896 a |
|
| 1 |
| that the minor be kept
in a suitable place designated by the | 2 |
| Department of Children and Family
Services or a licensed child | 3 |
| welfare agency.
| 4 |
| (9) Notwithstanding any other provision of this
Section any | 5 |
| interested party, including the State, the temporary
| 6 |
| custodian, an agency providing services to the minor or family | 7 |
| under a
service plan pursuant to Section 8.2 of the Abused and | 8 |
| Neglected Child
Reporting Act, foster parent, or any of their | 9 |
| representatives, on notice
to all parties entitled to notice, | 10 |
| may file a motion that it is in the best
interests of the minor | 11 |
| to modify or vacate a
temporary custody order on any of the | 12 |
| following grounds:
| 13 |
| (a) It is no longer a matter of immediate and urgent | 14 |
| necessity that the
minor remain in shelter care; or
| 15 |
| (b) There is a material change in the circumstances of | 16 |
| the natural
family from which the minor was removed and the | 17 |
| child can be cared for at
home without endangering the | 18 |
| child's health or safety; or
| 19 |
| (c) A person not a party to the alleged abuse, neglect | 20 |
| or dependency,
including a parent, relative or legal | 21 |
| guardian, is capable of assuming
temporary custody of the | 22 |
| minor; or
| 23 |
| (d) Services provided by the Department of Children and | 24 |
| Family Services
or a child welfare agency or other service | 25 |
| provider have been successful in
eliminating the need for | 26 |
| temporary custody and the child can be cared for at
home |
|
|
|
09500HB0616sam001 |
- 14 - |
LRB095 05209 DRJ 34896 a |
|
| 1 |
| without endangering the child's health or safety.
| 2 |
| In ruling on the motion, the court shall determine whether | 3 |
| it is consistent
with the health, safety and best interests of | 4 |
| the minor to modify
or vacate a temporary custody order.
| 5 |
| The clerk shall set the matter for hearing not later than | 6 |
| 14 days after
such motion is filed. In the event that the court | 7 |
| modifies or vacates a
temporary custody order but does not | 8 |
| vacate its finding of probable cause,
the court may order that | 9 |
| appropriate services be continued or initiated in
behalf of the | 10 |
| minor and his or her family.
| 11 |
| (10) When the court finds or has found that there is | 12 |
| probable cause to
believe a minor is an abused minor as | 13 |
| described in subsection (2) of Section
2-3
and that there is an | 14 |
| immediate and urgent necessity for the abused minor to be
| 15 |
| placed in shelter care, immediate and urgent necessity shall be | 16 |
| presumed for
any other minor residing in the same household as | 17 |
| the abused minor provided:
| 18 |
| (a) Such other minor is the subject of an abuse or | 19 |
| neglect petition
pending before the court; and
| 20 |
| (b) A party to the petition is seeking shelter care for | 21 |
| such other minor.
| 22 |
| Once the presumption of immediate and urgent necessity has | 23 |
| been raised, the
burden of demonstrating the lack of immediate | 24 |
| and urgent necessity shall be on
any party that is opposing | 25 |
| shelter care for the other minor.
| 26 |
| (Source: P.A. 94-604, eff. 1-1-06.)
|
|
|
|
09500HB0616sam001 |
- 15 - |
LRB095 05209 DRJ 34896 a |
|
| 1 |
| (705 ILCS 405/2-13) (from Ch. 37, par. 802-13)
| 2 |
| Sec. 2-13. Petition.
| 3 |
| (1) Any adult person, any agency or association by its
| 4 |
| representative may file, or the court on its own motion, | 5 |
| consistent with the
health, safety and best interests of the | 6 |
| minor may direct the
filing through the State's Attorney of a | 7 |
| petition in respect of a minor
under this Act. The petition and | 8 |
| all subsequent court documents shall be
entitled "In the | 9 |
| interest of ...., a minor".
| 10 |
| (2) The petition shall be verified but the statements may | 11 |
| be made
upon information and belief. It shall allege that the | 12 |
| minor is
abused, neglected, or dependent, with citations to the | 13 |
| appropriate
provisions of this Act,
and set forth (a) facts | 14 |
| sufficient to bring the minor
under Section 2-3 or 2-4 and to | 15 |
| inform respondents of the cause of action,
including, but not | 16 |
| limited to, a plain and concise statement of the factual
| 17 |
| allegations that form the basis for the filing of the petition; | 18 |
| (b) the name,
age and residence of the minor; (c) the names and | 19 |
| residences of his parents;
(d) the name and residence of his
| 20 |
| legal guardian or the person or persons having custody or | 21 |
| control of the
minor, or of the nearest known relative if no | 22 |
| parent or guardian can be
found; and (e) if the minor upon | 23 |
| whose behalf the petition is brought is
sheltered in custody, | 24 |
| the date on which such temporary custody
was ordered by the
| 25 |
| court or the date set for a temporary custody hearing. If any |
|
|
|
09500HB0616sam001 |
- 16 - |
LRB095 05209 DRJ 34896 a |
|
| 1 |
| of the facts
herein required are not known by the petitioner, | 2 |
| the petition shall so
state.
| 3 |
| (3) The petition must allege that it is in the best | 4 |
| interests of the
minor and of the public that he be adjudged a | 5 |
| ward of the court and may
pray generally for relief available | 6 |
| under this Act. The petition need
not specify any proposed | 7 |
| disposition following adjudication of wardship. The petition | 8 |
| may request that the minor remain in the custody of the parent, | 9 |
| guardian, or custodian under an Order of Protection.
| 10 |
| (4) If termination of parental rights and appointment of a | 11 |
| guardian of the
person with power to consent to adoption of the | 12 |
| minor under Section 2-29 is
sought, the petition shall so | 13 |
| state. If the petition includes this request,
the prayer for | 14 |
| relief shall clearly and obviously state that the parents could
| 15 |
| permanently lose their rights as a parent at this hearing.
| 16 |
| In addition to the foregoing, the petitioner, by motion, | 17 |
| may request the
termination of parental rights and appointment | 18 |
| of a guardian of the person with
power to consent to adoption | 19 |
| of the minor under Section 2-29 at any time after
the entry of | 20 |
| a dispositional order under Section 2-22.
| 21 |
| (4.5) (a) With respect to any minors committed to its care | 22 |
| pursuant to
this Act, the Department of Children and Family | 23 |
| Services shall request the
State's Attorney to file a petition | 24 |
| or motion for termination of parental
rights and appointment of | 25 |
| guardian of the person with power to consent to
adoption of the | 26 |
| minor under Section 2-29 if:
|
|
|
|
09500HB0616sam001 |
- 17 - |
LRB095 05209 DRJ 34896 a |
|
| 1 |
| (i) a minor has been in foster care, as described in | 2 |
| subsection (b), for
15 months of the most recent 22 months; | 3 |
| or
| 4 |
| (ii) a minor under the age of 2 years has been | 5 |
| previously determined to be
abandoned at an adjudicatory | 6 |
| hearing; or
| 7 |
| (iii) the parent is criminally convicted of (A) first | 8 |
| degree murder or
second degree murder of any child, (B) | 9 |
| attempt or conspiracy to commit first
degree murder or | 10 |
| second degree murder of any child, (C) solicitation to | 11 |
| commit
murder of any child, solicitation to commit murder | 12 |
| for hire of any child, or
solicitation to
commit second | 13 |
| degree murder of any child, (D)
aggravated battery, | 14 |
| aggravated battery of a child, or felony domestic battery,
| 15 |
| any of which has resulted in serious injury to the minor or | 16 |
| a sibling of the
minor, (E) aggravated criminal sexual | 17 |
| assault in
violation of subdivision (b)(1) of Section 12-14 | 18 |
| of the Criminal Code of 1961,
or
(F) an offense in any | 19 |
| other state the elements of which are similar and bear a
| 20 |
| substantial relationship to any of the foregoing offenses
| 21 |
| unless:
| 22 |
| (i) the child
is being cared for by a relative,
| 23 |
| (ii) the Department has documented in the
case plan a | 24 |
| compelling reason for determining that filing such | 25 |
| petition would
not be in the best interests of the child,
| 26 |
| (iii) the court has found within the
preceding 12 |
|
|
|
09500HB0616sam001 |
- 18 - |
LRB095 05209 DRJ 34896 a |
|
| 1 |
| months that the Department has failed to make reasonable | 2 |
| efforts
to reunify the child and family, or
| 3 |
| (iv) paragraph (c) of this subsection (4.5)
provides | 4 |
| otherwise.
| 5 |
| (b) For purposes of this subsection, the date of entering | 6 |
| foster care is
defined as the earlier of:
| 7 |
| (1) The date of a judicial finding at an adjudicatory | 8 |
| hearing that the
child is an abused, neglected, or | 9 |
| dependent minor; or
| 10 |
| (2) 60 days after the date on which the child is | 11 |
| removed from his or her
parent, guardian, or legal | 12 |
| custodian.
| 13 |
| (c) With respect to paragraph (a)(i), the following | 14 |
| transition rules shall
apply:
| 15 |
| (1) If the child entered foster care after November 19, | 16 |
| 1997 and
this amendatory Act of 1998 takes effect before | 17 |
| the child has been in
foster care for 15 months of the | 18 |
| preceding 22 months, then the Department shall
comply with | 19 |
| the requirements of paragraph (a) of this subsection (4.5) | 20 |
| for that
child as soon as the child has been in foster care | 21 |
| for 15 of the preceding 22
months.
| 22 |
| (2) If the child entered foster care after November 19, | 23 |
| 1997 and
this amendatory Act of 1998 takes effect after the | 24 |
| child has been in foster
care for 15 of the preceding 22 | 25 |
| months, then the Department shall comply with
the | 26 |
| requirements of paragraph (a) of this subsection (4.5) for |
|
|
|
09500HB0616sam001 |
- 19 - |
LRB095 05209 DRJ 34896 a |
|
| 1 |
| that child
within 3 months after the end of the next | 2 |
| regular session of the General
Assembly.
| 3 |
| (3) If the child entered foster care prior to November | 4 |
| 19, 1997, then the
Department shall comply with the | 5 |
| requirements of paragraph (a) of this
subsection (4.5) for | 6 |
| that child in accordance with Department policy or rule.
| 7 |
| (d) If the State's Attorney determines that the | 8 |
| Department's request for
filing of a petition or motion | 9 |
| conforms to the requirements set forth in
subdivisions (a), | 10 |
| (b), and (c) of this subsection (4.5), then the State's
| 11 |
| Attorney shall file the petition or motion as requested.
| 12 |
| (5) The court shall liberally allow the petitioner to amend | 13 |
| the petition to
set forth a cause of action or to add, amend, | 14 |
| or supplement factual allegations
that form the basis for a | 15 |
| cause of action up until 14 days before the
adjudicatory | 16 |
| hearing. The petitioner may amend the petition after that date
| 17 |
| and prior to the adjudicatory hearing if the court grants leave | 18 |
| to amend upon a
showing of good cause.
The court may allow | 19 |
| amendment of the
petition to conform with the evidence at any | 20 |
| time prior to ruling. In all
cases in which the court has | 21 |
| granted leave to amend based on new evidence or
new | 22 |
| allegations, the court shall permit
the respondent an adequate | 23 |
| opportunity to prepare a defense to the amended
petition.
| 24 |
| (6) At any time before dismissal of the petition or before | 25 |
| final closing
and discharge under Section 2-31, one or more | 26 |
| motions in the best interests of
the minor may be filed. The |
|
|
|
09500HB0616sam001 |
- 20 - |
LRB095 05209 DRJ 34896 a |
|
| 1 |
| motion shall specify sufficient facts in support
of the relief | 2 |
| requested.
| 3 |
| (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by P.A. | 4 |
| 90-443);
90-28, eff. 1-1-98; 90-608, eff. 6-30-98.)
| 5 |
| (705 ILCS 405/2-25) (from Ch. 37, par. 802-25)
| 6 |
| Sec. 2-25. Order of protection.
| 7 |
| (1) The court may make an order of
protection in assistance | 8 |
| of or as a condition of any other order authorized
by this Act. | 9 |
| The order of protection shall be based on the health, safety
| 10 |
| and best interests of the minor and may set forth reasonable | 11 |
| conditions of
behavior to be observed for a specified period. | 12 |
| Such an order may require a
person:
| 13 |
| (a) to stay away from the home or the minor;
| 14 |
| (b) to permit a parent to visit the minor at stated | 15 |
| periods;
| 16 |
| (c) to abstain from offensive conduct against the | 17 |
| minor, his parent or
any person to whom custody of the | 18 |
| minor is awarded;
| 19 |
| (d) to give proper attention to the care of the home;
| 20 |
| (e) to cooperate in good faith with an agency to which | 21 |
| custody of a
minor is entrusted by the court or with an | 22 |
| agency or association to which
the minor is referred by the | 23 |
| court;
| 24 |
| (f) to prohibit and prevent any contact whatsoever with | 25 |
| the respondent
minor by a specified individual or |
|
|
|
09500HB0616sam001 |
- 21 - |
LRB095 05209 DRJ 34896 a |
|
| 1 |
| individuals who are alleged in either a
criminal or | 2 |
| juvenile proceeding to have caused injury to a respondent
| 3 |
| minor or a sibling of a respondent minor;
| 4 |
| (g) to refrain from acts of commission or omission that | 5 |
| tend to make
the home not a proper place for the minor;
| 6 |
| (h) to refrain from contacting the minor and the foster | 7 |
| parents in any
manner that is not specified in writing in | 8 |
| the case plan.
| 9 |
| (2) The court shall enter an order of protection
to | 10 |
| prohibit and prevent any contact between a respondent minor
or | 11 |
| a sibling of a respondent minor and any person named in a | 12 |
| petition
seeking an order of protection who has been convicted | 13 |
| of
heinous battery under Section 12-4.1,
aggravated battery of | 14 |
| a child under Section 12-4.3, criminal sexual assault
under | 15 |
| Section 12-13, aggravated criminal sexual assault under | 16 |
| Section
12-14,
predatory criminal sexual assault of a child | 17 |
| under Section 12-14.1,
criminal sexual abuse under Section | 18 |
| 12-15, or aggravated criminal
sexual abuse under Section 12-16 | 19 |
| of the Criminal Code of 1961, or has been
convicted of an | 20 |
| offense that resulted in the death of a child, or has
violated | 21 |
| a previous order of protection under this Section.
| 22 |
| (3) When the court issues an order of protection against | 23 |
| any person as
provided by this Section, the court shall direct | 24 |
| a copy of such order to
the Sheriff of that county. The Sheriff | 25 |
| shall furnish a copy of the order of
protection to the | 26 |
| Department of State Police within 24 hours of
receipt, in the |
|
|
|
09500HB0616sam001 |
- 22 - |
LRB095 05209 DRJ 34896 a |
|
| 1 |
| form and manner required by the Department. The Department
of | 2 |
| State Police shall maintain a complete record and index of such | 3 |
| orders
of protection and make this data available to all local | 4 |
| law enforcement
agencies.
| 5 |
| (4) After notice and opportunity for hearing afforded to a | 6 |
| person
subject to an order of protection, the order may be | 7 |
| modified or extended
for a further specified period or both or | 8 |
| may be terminated if the court
finds that the health, safety, | 9 |
| and best interests of the minor and the
public will be served
| 10 |
| thereby.
| 11 |
| (5) An order of protection may be sought at any time during | 12 |
| the course
of any proceeding conducted pursuant to this Act if | 13 |
| such an order is
consistent with the
health, safety, and best | 14 |
| interests of the minor. Any person against whom
an order of | 15 |
| protection is sought may retain counsel to represent him at a
| 16 |
| hearing, and has rights to be present at the hearing, to be | 17 |
| informed prior
to the hearing in writing of the contents of the | 18 |
| petition seeking a
protective order and of the date, place and | 19 |
| time of such hearing, and to
cross examine witnesses called by | 20 |
| the petitioner and to present witnesses
and argument in | 21 |
| opposition to the relief sought in the petition.
| 22 |
| (6) Diligent efforts shall be made by the petitioner to | 23 |
| serve any person
or persons against whom any order of | 24 |
| protection is sought with written
notice of the contents of the | 25 |
| petition seeking a protective order and
of the date, place and | 26 |
| time at which the hearing on the petition is to be
held. When a |
|
|
|
09500HB0616sam001 |
- 23 - |
LRB095 05209 DRJ 34896 a |
|
| 1 |
| protective order is being sought in conjunction with a
| 2 |
| temporary custody hearing, if the court finds that the person | 3 |
| against whom
the protective order is being sought has been | 4 |
| notified of the hearing or
that diligent efforts have been made | 5 |
| to notify such person, the court may
conduct a hearing. If a | 6 |
| protective order is sought at any time other than
in | 7 |
| conjunction with a temporary custody hearing, the court may
not | 8 |
| conduct a hearing on the petition in the absence of the person | 9 |
| against
whom the order is sought unless the petitioner has | 10 |
| notified such person by
personal service at least 3 days before | 11 |
| the hearing or has sent written
notice by first class mail to | 12 |
| such person's last known address at least 5
days before the | 13 |
| hearing.
| 14 |
| (7) A person against whom an order of protection is being | 15 |
| sought who is
neither a parent, guardian, legal custodian or | 16 |
| responsible relative as
described in Section 1-5 is not a party | 17 |
| or respondent as defined in that
Section and shall not be | 18 |
| entitled to the rights provided therein.
Such person does not | 19 |
| have a right to appointed counsel or to be
present at any | 20 |
| hearing other than the hearing in which the order of protection
| 21 |
| is being sought or a hearing directly pertaining to that order. | 22 |
| Unless the
court orders otherwise, such person does not have a | 23 |
| right to inspect the court
file.
| 24 |
| (8) All protective orders entered under this Section shall | 25 |
| be in
writing. Unless the person against whom the order was | 26 |
| obtained was present
in court when the order was issued, the |
|
|
|
09500HB0616sam001 |
- 24 - |
LRB095 05209 DRJ 34896 a |
|
| 1 |
| sheriff, other law enforcement
official or special process | 2 |
| server shall
promptly serve that order upon that person and | 3 |
| file proof of such service,
in the manner provided for service | 4 |
| of process in civil proceedings. The
person against whom the | 5 |
| protective order was obtained may seek a
modification of the | 6 |
| order by filing a written motion to modify the order
within 7 | 7 |
| days after actual receipt by the person of a copy of the order. | 8 |
| Any
modification of the order granted by the court must be | 9 |
| determined to be
consistent with the best interests of the | 10 |
| minor.
| 11 |
| (9) If a petition is filed charging a violation of a | 12 |
| condition contained in the
protective order and if the court | 13 |
| determines that this violation is of a critical service | 14 |
| necessary to the safety and welfare of the minor, the court may | 15 |
| proceed to findings and an order for temporary custody.
| 16 |
| (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; | 17 |
| 90-15, eff.
6-13-97; 90-28, eff. 1-1-98; 90-655, eff. | 18 |
| 7-30-98.)".
|
|