Full Text of HB1322 95th General Assembly
HB1322 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1322
Introduced 2/20/2007, by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: |
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20 ILCS 505/5 |
from Ch. 23, par. 5005 |
325 ILCS 5/8.2 |
from Ch. 23, par. 2058.2 |
705 ILCS 405/2-23 |
from Ch. 37, par. 802-23 |
750 ILCS 50/1 |
from Ch. 40, par. 1501 |
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Amends the Children and Family Services Act and the Abused and Neglected Child Reporting Act. Provides that when a child is the subject of an action under the "Abused, Neglected or Dependent Minors" Article of the Juvenile Court Act of 1987 and the child's service plan calls for certain family preservation services, the court hearing the action under the Juvenile Court Act of 1987 may order the Department of Children and Family Services (DCFS) to provide the family preservation services set out in the plan, if those services are not provided with reasonable promptness. Amends the Juvenile Court Act of 1987. In provisions concerning dispositional orders with respect to abused, neglected, or dependent minors, makes changes concerning a court's findings and the service plan developed by DCFS; provides that unless otherwise specifically authorized by law, the court is not empowered to order specific placements, specific services, or specific service providers to be included in the plan. Amends the Adoption Act. In provisions concerning grounds for finding a parent "unfit", provides that if a petition alleges that a parent failed to make reasonable progress to correct conditions or toward the return of a child, the 9-month period is tolled during any period for which there is a court finding that the parent's failure to make reasonable progress was due to factors beyond the parent's control. Makes other changes.
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A BILL FOR
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HB1322 |
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LRB095 09303 DRJ 29497 b |
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| AN ACT concerning children.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Children and Family Services Act is amended | 5 |
| by changing Section 5 as follows:
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| (20 ILCS 505/5) (from Ch. 23, par. 5005)
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| Sec. 5. Direct child welfare services; Department of | 8 |
| Children and Family
Services. To provide direct child welfare | 9 |
| services when not available
through other public or private | 10 |
| child care or program facilities.
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| (a) For purposes of this Section:
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| (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 19 who:
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| (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
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| (B) were accepted for care, service and training by
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| 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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| disability, social adjustment or any combination | 2 |
| thereof, or because of the
need to complete an | 3 |
| educational or vocational training program.
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| (2) "Homeless youth" means persons found within the
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| 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.
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| (3) "Child welfare services" means public social | 9 |
| services which are
directed toward the accomplishment of | 10 |
| the following purposes:
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| (A) protecting and promoting the health, safety | 12 |
| and welfare of
children,
including homeless, dependent | 13 |
| or neglected children;
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| (B) remedying, or assisting in the solution
of | 15 |
| problems which may result in, the neglect, abuse, | 16 |
| exploitation or
delinquency of children;
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| (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
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| 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;
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| (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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| home without endangering the child's health and
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| safety;
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| (E) placing children in suitable adoptive homes, | 4 |
| in
cases where restoration to the biological family is | 5 |
| not safe, possible or
appropriate;
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| (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
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| 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;
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| (G) (blank);
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| (H) (blank); and
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| (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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| (i) who are in a foster home, or
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| (ii) who are persons with a developmental | 3 |
| disability, as defined in
the Mental
Health and | 4 |
| Developmental Disabilities Code, or
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| (iii) who are female children who are | 6 |
| pregnant, pregnant and
parenting or parenting, or
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| (iv) who are siblings, in facilities that | 8 |
| provide separate living quarters for children 18
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| years of age and older and for children under 18 | 10 |
| years of age.
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| (b) Nothing in this Section shall be construed to authorize | 12 |
| the
expenditure of public funds for the purpose of performing | 13 |
| abortions.
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| (c) The Department shall establish and maintain | 15 |
| tax-supported child
welfare services and extend and seek to | 16 |
| improve voluntary services
throughout the State, to the end | 17 |
| that services and care shall be available
on an equal basis | 18 |
| throughout the State to children requiring such services.
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| (d) The Director may authorize advance disbursements for | 20 |
| any new program
initiative to any agency contracting with the | 21 |
| Department. As a
prerequisite for an advance disbursement, the | 22 |
| contractor must post a
surety bond in the amount of the advance | 23 |
| disbursement and have a
purchase of service contract approved | 24 |
| by the Department. The Department
may pay up to 2 months | 25 |
| operational expenses in advance. The amount of the
advance | 26 |
| disbursement shall be prorated over the life of the contract
or |
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| the remaining months of the fiscal year, whichever is less, and | 2 |
| the
installment amount shall then be deducted from future | 3 |
| bills. Advance
disbursement authorizations for new initiatives | 4 |
| shall not be made to any
agency after that agency has operated | 5 |
| during 2 consecutive fiscal years.
The requirements of this | 6 |
| Section concerning advance disbursements shall
not apply with | 7 |
| respect to the following: payments to local public agencies
for | 8 |
| child day care services as authorized by Section 5a of this | 9 |
| Act; and
youth service programs receiving grant funds under | 10 |
| Section 17a-4.
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| (e) (Blank).
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| (f) (Blank).
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| (g) The Department shall establish rules and regulations | 14 |
| concerning
its operation of programs designed to meet the goals | 15 |
| of child safety and
protection,
family preservation, family | 16 |
| reunification, and adoption, including but not
limited to:
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| (1) adoption;
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| (2) foster care;
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| (3) family counseling;
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| (4) protective services;
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| (5) (blank);
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| (6) homemaker service;
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| (7) return of runaway children;
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| (8) (blank);
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| (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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| Court Act of 1987 in
accordance with the federal Adoption | 2 |
| Assistance and Child Welfare Act of
1980; and
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| (10) interstate services.
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| Rules and regulations established by the Department shall | 5 |
| include
provisions for training Department staff and the staff | 6 |
| of Department
grantees, through contracts with other agencies | 7 |
| or resources, in alcohol
and drug abuse screening techniques | 8 |
| approved by the Department of Human
Services, as a successor to | 9 |
| the Department of Alcoholism and Substance Abuse,
for the | 10 |
| purpose of identifying children and adults who
should be | 11 |
| referred to an alcohol and drug abuse treatment program for
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| professional evaluation.
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| (h) If the Department finds that there is no appropriate | 14 |
| program or
facility within or available to the Department for a | 15 |
| ward and that no
licensed private facility has an adequate and | 16 |
| appropriate program or none
agrees to accept the ward, the | 17 |
| Department shall create an appropriate
individualized, | 18 |
| program-oriented plan for such ward. The
plan may be developed | 19 |
| within the Department or through purchase of services
by the | 20 |
| Department to the extent that it is within its statutory | 21 |
| authority
to do.
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| (i) Service programs shall be available throughout the | 23 |
| State and shall
include but not be limited to the following | 24 |
| services:
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| (1) case management;
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| (2) homemakers;
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| (3) counseling;
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| (4) parent education;
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| (5) day care; and
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| (6) emergency assistance and advocacy.
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| In addition, the following services may be made available | 6 |
| to assess and
meet the needs of children and families:
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| (1) comprehensive family-based services;
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| (2) assessments;
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| (3) respite care; and
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| (4) in-home health services.
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| The Department shall provide transportation for any of the | 12 |
| services it
makes available to children or families or for | 13 |
| which it refers children
or families.
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| (j) The Department may provide categories of financial | 15 |
| assistance and
education assistance grants, and shall
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| establish rules and regulations concerning the assistance and | 17 |
| grants, to
persons who
adopt physically or mentally | 18 |
| handicapped, older and other hard-to-place
children who (i) | 19 |
| immediately prior to their adoption were legal wards of
the | 20 |
| Department
or (ii) were determined eligible for financial | 21 |
| assistance with respect to a
prior adoption and who become | 22 |
| available for adoption because the
prior adoption has been | 23 |
| dissolved and the parental rights of the adoptive
parents have | 24 |
| been
terminated or because the child's adoptive parents have | 25 |
| died.
The Department may, subject to federal financial | 26 |
| participation in the cost, continue to provide financial |
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| assistance and education assistance grants for a child who was | 2 |
| determined eligible for financial assistance under this | 3 |
| subsection (j) in the interim period beginning when the child's | 4 |
| adoptive parents died and ending with the finalization of the | 5 |
| new adoption of the child by another adoptive parent or | 6 |
| parents. The Department may also provide categories of | 7 |
| financial
assistance and education assistance grants, and
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| shall establish rules and regulations for the assistance and | 9 |
| grants, to persons
appointed guardian of the person under | 10 |
| Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, | 11 |
| 4-25 or 5-740 of the Juvenile Court Act of 1987
for children | 12 |
| who were wards of the Department for 12 months immediately
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| prior to the appointment of the guardian.
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| The amount of assistance may vary, depending upon the needs | 15 |
| of the child
and the adoptive parents,
as set forth in the | 16 |
| annual
assistance agreement. Special purpose grants are | 17 |
| allowed where the child
requires special service but such costs | 18 |
| may not exceed the amounts
which similar services would cost | 19 |
| the Department if it were to provide or
secure them as guardian | 20 |
| of the child.
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| Any financial assistance provided under this subsection is
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| inalienable by assignment, sale, execution, attachment, | 23 |
| garnishment, or any
other remedy for recovery or collection of | 24 |
| a judgment or debt.
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| (j-5) The Department shall not deny or delay the placement | 26 |
| of a child for
adoption
if an approved family is available |
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| either outside of the Department region
handling the case,
or | 2 |
| outside of the State of Illinois.
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| (k) The Department shall accept for care and training any | 4 |
| child who has
been adjudicated neglected or abused, or | 5 |
| dependent committed to it pursuant
to the Juvenile Court Act or | 6 |
| the Juvenile Court Act of 1987.
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| (l) Before July 1, 2000, the Department may provide, and | 8 |
| beginning
July 1, 2000, the Department shall
offer family | 9 |
| preservation services, as defined in Section 8.2 of the Abused
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| and
Neglected Child
Reporting Act, to help families, including | 11 |
| adoptive and extended families.
Family preservation
services | 12 |
| shall be offered (i) to prevent the
placement
of children in
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| substitute care when the children can be cared for at home or | 14 |
| in the custody of
the person
responsible for the children's | 15 |
| welfare,
(ii) to
reunite children with their families, or (iii) | 16 |
| to
maintain an adoptive placement. Family preservation | 17 |
| services shall only be
offered when doing so will not endanger | 18 |
| the children's health or safety. With
respect to children who | 19 |
| are in substitute care pursuant to the Juvenile Court
Act of | 20 |
| 1987, family preservation services shall not be offered if a | 21 |
| goal other
than those of subdivisions (A), (B), or (B-1) of | 22 |
| subsection (2) of Section 2-28
of
that Act has been set.
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| Nothing in this paragraph shall be construed to create a | 24 |
| private right of
action or claim on the part of any individual | 25 |
| or child welfare agency , except that when a child is the | 26 |
| subject of an action under Article II of the Juvenile Court Act |
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| of 1987 and the child's service plan calls for certain family | 2 |
| preservation services, the court hearing the action under | 3 |
| Article II of the Juvenile Court Act of 1987 may order the | 4 |
| Department to provide the family preservation services set out | 5 |
| in the plan, if those services are not provided with reasonable | 6 |
| promptness .
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| The Department shall notify the child and his family of the
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| Department's
responsibility to offer and provide family | 9 |
| preservation services as
identified in the service plan. The | 10 |
| child and his family shall be eligible
for services as soon as | 11 |
| the report is determined to be "indicated". The
Department may | 12 |
| offer services to any child or family with respect to whom a
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| report of suspected child abuse or neglect has been filed, | 14 |
| prior to
concluding its investigation under Section 7.12 of the | 15 |
| Abused and Neglected
Child Reporting Act. However, the child's | 16 |
| or family's willingness to
accept services shall not be | 17 |
| considered in the investigation. The
Department may also | 18 |
| provide services to any child or family who is the
subject of | 19 |
| any report of suspected child abuse or neglect or may refer | 20 |
| such
child or family to services available from other agencies | 21 |
| in the community,
even if the report is determined to be | 22 |
| unfounded, if the conditions in the
child's or family's home | 23 |
| are reasonably likely to subject the child or
family to future | 24 |
| reports of suspected child abuse or neglect. Acceptance
of such | 25 |
| services shall be voluntary.
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| The Department may, at its discretion except for those |
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| children also
adjudicated neglected or dependent, accept for | 2 |
| care and training any child
who has been adjudicated addicted, | 3 |
| as a truant minor in need of
supervision or as a minor | 4 |
| requiring authoritative intervention, under the
Juvenile Court | 5 |
| Act or the Juvenile Court Act of 1987, but no such child
shall | 6 |
| be committed to the Department by any court without the | 7 |
| approval of
the Department. A minor charged with a criminal | 8 |
| offense under the Criminal
Code of 1961 or adjudicated | 9 |
| delinquent shall not be placed in the custody of or
committed | 10 |
| to the Department by any court, except a minor less than 13 | 11 |
| years
of age committed to the Department under Section 5-710 of | 12 |
| the Juvenile Court
Act
of 1987.
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| (l-1) The legislature recognizes that the best interests of | 14 |
| the child
require that
the child be placed in the most | 15 |
| permanent living arrangement as soon as is
practically
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| possible. To achieve this goal, the legislature directs the | 17 |
| Department of
Children and
Family Services to conduct | 18 |
| concurrent planning so that permanency may occur at
the
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| earliest opportunity. Permanent living arrangements may | 20 |
| include prevention of
placement of a child outside the home of | 21 |
| the family when the child can be cared
for at
home without | 22 |
| endangering the child's health or safety; reunification with | 23 |
| the
family,
when safe and appropriate, if temporary placement | 24 |
| is necessary; or movement of
the child
toward the most | 25 |
| permanent living arrangement and permanent legal status.
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| When determining reasonable efforts to be made with respect |
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| to a child, as
described in this
subsection, and in making such | 2 |
| reasonable efforts, the child's health and
safety shall be the
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| paramount concern.
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| When a child is placed in foster care, the Department shall | 5 |
| ensure and
document that reasonable efforts were made to | 6 |
| prevent or eliminate the need to
remove the child from the | 7 |
| child's home. The Department must make
reasonable efforts to | 8 |
| reunify the family when temporary placement of the child
occurs
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| unless otherwise required, pursuant to the Juvenile Court Act | 10 |
| of 1987.
At any time after the dispositional hearing where the | 11 |
| Department believes
that further reunification services would | 12 |
| be ineffective, it may request a
finding from the court that | 13 |
| reasonable efforts are no longer appropriate. The
Department is | 14 |
| not required to provide further reunification services after | 15 |
| such
a
finding.
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| A decision to place a child in substitute care shall be | 17 |
| made with
considerations of the child's health, safety, and | 18 |
| best interests. At the
time of placement, consideration should | 19 |
| also be given so that if reunification
fails or is delayed, the | 20 |
| placement made is the best available placement to
provide | 21 |
| permanency for the child.
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| The Department shall adopt rules addressing concurrent | 23 |
| planning for
reunification and permanency. The Department | 24 |
| shall consider the following
factors when determining | 25 |
| appropriateness of concurrent planning:
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| (1) the likelihood of prompt reunification;
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| (2) the past history of the family;
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| (3) the barriers to reunification being addressed by | 3 |
| the family;
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| (4) the level of cooperation of the family;
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| (5) the foster parents' willingness to work with the | 6 |
| family to reunite;
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| (6) the willingness and ability of the foster family to | 8 |
| provide an
adoptive
home or long-term placement;
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| (7) the age of the child;
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| (8) placement of siblings.
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| (m) The Department may assume temporary custody of any | 12 |
| child if:
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| (1) it has received a written consent to such temporary | 14 |
| custody
signed by the parents of the child or by the parent | 15 |
| having custody of the
child if the parents are not living | 16 |
| together or by the guardian or
custodian of the child if | 17 |
| the child is not in the custody of either
parent, or
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| (2) the child is found in the State and neither a | 19 |
| parent,
guardian nor custodian of the child can be located.
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| If the child is found in his or her residence without a parent, | 21 |
| guardian,
custodian or responsible caretaker, the Department | 22 |
| may, instead of removing
the child and assuming temporary | 23 |
| custody, place an authorized
representative of the Department | 24 |
| in that residence until such time as a
parent, guardian or | 25 |
| custodian enters the home and expresses a willingness
and | 26 |
| apparent ability to ensure the child's health and safety and |
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| resume
permanent
charge of the child, or until a
relative | 2 |
| enters the home and is willing and able to ensure the child's | 3 |
| health
and
safety and assume charge of the
child until a | 4 |
| parent, guardian or custodian enters the home and expresses
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| such willingness and ability to ensure the child's safety and | 6 |
| resume
permanent charge. After a caretaker has remained in the | 7 |
| home for a period not
to exceed 12 hours, the Department must | 8 |
| follow those procedures outlined in
Section 2-9, 3-11, 4-8, or | 9 |
| 5-415 of the Juvenile Court Act
of 1987.
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| The Department shall have the authority, responsibilities | 11 |
| and duties that
a legal custodian of the child would have | 12 |
| pursuant to subsection (9) of
Section 1-3 of the Juvenile Court | 13 |
| Act of 1987. Whenever a child is taken
into temporary custody | 14 |
| pursuant to an investigation under the Abused and
Neglected | 15 |
| Child Reporting Act, or pursuant to a referral and acceptance
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| under the Juvenile Court Act of 1987 of a minor in limited | 17 |
| custody, the
Department, during the period of temporary custody | 18 |
| and before the child
is brought before a judicial officer as | 19 |
| required by Section 2-9, 3-11,
4-8, or 5-415 of the Juvenile | 20 |
| Court Act of 1987, shall have
the authority, responsibilities | 21 |
| and duties that a legal custodian of the child
would have under | 22 |
| subsection (9) of Section 1-3 of the Juvenile Court Act of
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| 1987.
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| The Department shall ensure that any child taken into | 25 |
| custody
is scheduled for an appointment for a medical | 26 |
| examination.
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| A parent, guardian or custodian of a child in the temporary | 2 |
| custody of the
Department who would have custody of the child | 3 |
| if he were not in the
temporary custody of the Department may | 4 |
| deliver to the Department a signed
request that the Department | 5 |
| surrender the temporary custody of the child.
The Department | 6 |
| may retain temporary custody of the child for 10 days after
the | 7 |
| receipt of the request, during which period the Department may | 8 |
| cause to
be filed a petition pursuant to the Juvenile Court Act | 9 |
| of 1987. If a
petition is so filed, the Department shall retain | 10 |
| temporary custody of the
child until the court orders | 11 |
| otherwise. If a petition is not filed within
the 10 day period, | 12 |
| the child shall be surrendered to the custody of the
requesting | 13 |
| parent, guardian or custodian not later than the expiration of
| 14 |
| the 10 day period, at which time the authority and duties of | 15 |
| the Department
with respect to the temporary custody of the | 16 |
| child shall terminate.
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| (m-1) The Department may place children under 18 years of | 18 |
| age in a secure
child care facility licensed by the Department | 19 |
| that cares for children who are
in need of secure living | 20 |
| arrangements for their health, safety, and well-being
after a | 21 |
| determination is made by the facility director and the Director | 22 |
| or the
Director's designate prior to admission to the facility | 23 |
| subject to Section
2-27.1 of the Juvenile Court Act of 1987. | 24 |
| This subsection (m-1) does not apply
to a child who is subject | 25 |
| to placement in a correctional facility operated
pursuant to | 26 |
| Section 3-15-2 of the Unified Code of Corrections, unless the
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| child is a ward who was placed under the care of the Department | 2 |
| before being
subject to placement in a correctional facility | 3 |
| and a court of competent
jurisdiction has ordered placement of | 4 |
| the child in a secure care facility.
| 5 |
| (n) The Department may place children under 18 years of age | 6 |
| in
licensed child care facilities when in the opinion of the | 7 |
| Department,
appropriate services aimed at family preservation | 8 |
| have been unsuccessful and
cannot ensure the child's health and | 9 |
| safety or are unavailable and such
placement would be for their | 10 |
| best interest. Payment
for board, clothing, care, training and | 11 |
| supervision of any child placed in
a licensed child care | 12 |
| facility may be made by the Department, by the
parents or | 13 |
| guardians of the estates of those children, or by both the
| 14 |
| Department and the parents or guardians, except that no | 15 |
| payments shall be
made by the Department for any child placed | 16 |
| in a licensed child care
facility for board, clothing, care, | 17 |
| training and supervision of such a
child that exceed the | 18 |
| average per capita cost of maintaining and of caring
for a | 19 |
| child in institutions for dependent or neglected children | 20 |
| operated by
the Department. However, such restriction on | 21 |
| payments does not apply in
cases where children require | 22 |
| specialized care and treatment for problems of
severe emotional | 23 |
| disturbance, physical disability, social adjustment, or
any | 24 |
| combination thereof and suitable facilities for the placement | 25 |
| of such
children are not available at payment rates within the | 26 |
| limitations set
forth in this Section. All reimbursements for |
|
|
|
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LRB095 09303 DRJ 29497 b |
|
| 1 |
| services delivered shall be
absolutely inalienable by | 2 |
| assignment, sale, attachment, garnishment or
otherwise.
| 3 |
| (o) The Department shall establish an administrative | 4 |
| review and appeal
process for children and families who request | 5 |
| or receive child welfare
services from the Department. Children | 6 |
| who are wards of the Department and
are placed by private child | 7 |
| welfare agencies, and foster families with whom
those children | 8 |
| are placed, shall be afforded the same procedural and appeal
| 9 |
| rights as children and families in the case of placement by the | 10 |
| Department,
including the right to an initial review of a | 11 |
| private agency decision by
that agency. The Department shall | 12 |
| insure that any private child welfare
agency, which accepts | 13 |
| wards of the Department for placement, affords those
rights to | 14 |
| children and foster families. The Department shall accept for
| 15 |
| administrative review and an appeal hearing a complaint made by | 16 |
| (i) a child
or foster family concerning a decision following an | 17 |
| initial review by a
private child welfare agency or (ii) a | 18 |
| prospective adoptive parent who alleges
a violation of | 19 |
| subsection (j-5) of this Section. An appeal of a decision
| 20 |
| concerning a change in the placement of a child shall be | 21 |
| conducted in an
expedited manner.
| 22 |
| (p) There is hereby created the Department of Children and | 23 |
| Family
Services Emergency Assistance Fund from which the | 24 |
| Department may provide
special financial assistance to | 25 |
| families which are in economic crisis when
such assistance is | 26 |
| not available through other public or private sources
and the |
|
|
|
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LRB095 09303 DRJ 29497 b |
|
| 1 |
| assistance is deemed necessary to prevent dissolution of the | 2 |
| family
unit or to reunite families which have been separated | 3 |
| due to child abuse and
neglect. The Department shall establish | 4 |
| administrative rules specifying
the criteria for determining | 5 |
| eligibility for and the amount and nature of
assistance to be | 6 |
| provided. The Department may also enter into written
agreements | 7 |
| with private and public social service agencies to provide
| 8 |
| emergency financial services to families referred by the | 9 |
| Department.
Special financial assistance payments shall be | 10 |
| available to a family no
more than once during each fiscal year | 11 |
| and the total payments to a
family may not exceed $500 during a | 12 |
| fiscal year.
| 13 |
| (q) The Department may receive and use, in their entirety, | 14 |
| for the
benefit of children any gift, donation or bequest of | 15 |
| money or other
property which is received on behalf of such | 16 |
| children, or any financial
benefits to which such children are | 17 |
| or may become entitled while under
the jurisdiction or care of | 18 |
| the Department.
| 19 |
| The Department shall set up and administer no-cost, | 20 |
| interest-bearing accounts in appropriate financial | 21 |
| institutions
for children for whom the Department is legally | 22 |
| responsible and who have been
determined eligible for Veterans' | 23 |
| Benefits, Social Security benefits,
assistance allotments from | 24 |
| the armed forces, court ordered payments, parental
voluntary | 25 |
| payments, Supplemental Security Income, Railroad Retirement
| 26 |
| payments, Black Lung benefits, or other miscellaneous |
|
|
|
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LRB095 09303 DRJ 29497 b |
|
| 1 |
| payments. Interest
earned by each account shall be credited to | 2 |
| the account, unless
disbursed in accordance with this | 3 |
| subsection.
| 4 |
| In disbursing funds from children's accounts, the | 5 |
| Department
shall:
| 6 |
| (1) Establish standards in accordance with State and | 7 |
| federal laws for
disbursing money from children's | 8 |
| accounts. In all
circumstances,
the Department's | 9 |
| "Guardianship Administrator" or his or her designee must
| 10 |
| approve disbursements from children's accounts. The | 11 |
| Department
shall be responsible for keeping complete | 12 |
| records of all disbursements for each account for any | 13 |
| purpose.
| 14 |
| (2) Calculate on a monthly basis the amounts paid from | 15 |
| State funds for the
child's board and care, medical care | 16 |
| not covered under Medicaid, and social
services; and | 17 |
| utilize funds from the child's account, as
covered by | 18 |
| regulation, to reimburse those costs. Monthly, | 19 |
| disbursements from
all children's accounts, up to 1/12 of | 20 |
| $13,000,000, shall be
deposited by the Department into the | 21 |
| General Revenue Fund and the balance over
1/12 of | 22 |
| $13,000,000 into the DCFS Children's Services Fund.
| 23 |
| (3) Maintain any balance remaining after reimbursing | 24 |
| for the child's costs
of care, as specified in item (2). | 25 |
| The balance shall accumulate in accordance
with relevant | 26 |
| State and federal laws and shall be disbursed to the child |
|
|
|
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| 1 |
| or his
or her guardian, or to the issuing agency.
| 2 |
| (r) The Department shall promulgate regulations | 3 |
| encouraging all adoption
agencies to voluntarily forward to the | 4 |
| Department or its agent names and
addresses of all persons who | 5 |
| have applied for and have been approved for
adoption of a | 6 |
| hard-to-place or handicapped child and the names of such
| 7 |
| children who have not been placed for adoption. A list of such | 8 |
| names and
addresses shall be maintained by the Department or | 9 |
| its agent, and coded
lists which maintain the confidentiality | 10 |
| of the person seeking to adopt the
child and of the child shall | 11 |
| be made available, without charge, to every
adoption agency in | 12 |
| the State to assist the agencies in placing such
children for | 13 |
| adoption. The Department may delegate to an agent its duty to
| 14 |
| maintain and make available such lists. The Department shall | 15 |
| ensure that
such agent maintains the confidentiality of the | 16 |
| person seeking to adopt the
child and of the child.
| 17 |
| (s) The Department of Children and Family Services may | 18 |
| establish and
implement a program to reimburse Department and | 19 |
| private child welfare
agency foster parents licensed by the | 20 |
| Department of Children and Family
Services for damages | 21 |
| sustained by the foster parents as a result of the
malicious or | 22 |
| negligent acts of foster children, as well as providing third
| 23 |
| party coverage for such foster parents with regard to actions | 24 |
| of foster
children to other individuals. Such coverage will be | 25 |
| secondary to the
foster parent liability insurance policy, if | 26 |
| applicable. The program shall
be funded through appropriations |
|
|
|
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|
| 1 |
| from the General Revenue Fund,
specifically designated for such | 2 |
| purposes.
| 3 |
| (t) The Department shall perform home studies and | 4 |
| investigations and
shall exercise supervision over visitation | 5 |
| as ordered by a court pursuant
to the Illinois Marriage and | 6 |
| Dissolution of Marriage Act or the Adoption
Act only if:
| 7 |
| (1) an order entered by an Illinois court specifically
| 8 |
| directs the Department to perform such services; and
| 9 |
| (2) the court has ordered one or both of the parties to
| 10 |
| the proceeding to reimburse the Department for its | 11 |
| reasonable costs for
providing such services in accordance | 12 |
| with Department rules, or has
determined that neither party | 13 |
| is financially able to pay.
| 14 |
| The Department shall provide written notification to the | 15 |
| court of the
specific arrangements for supervised visitation | 16 |
| and projected monthly costs
within 60 days of the court order. | 17 |
| The Department shall send to the court
information related to | 18 |
| the costs incurred except in cases where the court
has | 19 |
| determined the parties are financially unable to pay. The court | 20 |
| may
order additional periodic reports as appropriate.
| 21 |
| (u) In addition to other information that must be provided, | 22 |
| whenever the Department places a child with a prospective | 23 |
| adoptive parent or parents or in a licensed foster home,
group | 24 |
| home, child care institution, or in a relative home, the | 25 |
| Department
shall provide to the prospective adoptive parent or | 26 |
| parents or other caretaker:
|
|
|
|
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LRB095 09303 DRJ 29497 b |
|
| 1 |
| (1) available detailed information concerning the | 2 |
| child's educational
and health history, copies of | 3 |
| immunization records (including insurance
and medical card | 4 |
| information), a history of the child's previous | 5 |
| placements,
if any, and reasons for placement changes | 6 |
| excluding any information that
identifies or reveals the | 7 |
| location of any previous caretaker;
| 8 |
| (2) a copy of the child's portion of the client service | 9 |
| plan, including
any visitation arrangement, and all | 10 |
| amendments or revisions to it as
related to the child; and
| 11 |
| (3) information containing details of the child's | 12 |
| individualized
educational plan when the child is | 13 |
| receiving special education services.
| 14 |
| The caretaker shall be informed of any known social or | 15 |
| behavioral
information (including, but not limited to, | 16 |
| criminal background, fire
setting, perpetuation of
sexual | 17 |
| abuse, destructive behavior, and substance abuse) necessary to | 18 |
| care
for and safeguard the children to be placed or currently | 19 |
| in the home. The Department may prepare a written summary of | 20 |
| the information required by this paragraph, which may be | 21 |
| provided to the foster or prospective adoptive parent in | 22 |
| advance of a placement. The foster or prospective adoptive | 23 |
| parent may review the supporting documents in the child's file | 24 |
| in the presence of casework staff. In the case of an emergency | 25 |
| placement, casework staff shall at least provide known | 26 |
| information verbally, if necessary, and must subsequently |
|
|
|
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LRB095 09303 DRJ 29497 b |
|
| 1 |
| provide the information in writing as required by this | 2 |
| subsection.
| 3 |
| The information described in this subsection shall be | 4 |
| provided in writing. In the case of emergency placements when | 5 |
| time does not allow prior review, preparation, and collection | 6 |
| of written information, the Department shall provide such | 7 |
| information as it becomes available. Within 10 business days | 8 |
| after placement, the Department shall obtain from the | 9 |
| prospective adoptive parent or parents or other caretaker a | 10 |
| signed verification of receipt of the information provided. | 11 |
| Within 10 business days after placement, the Department shall | 12 |
| provide to the child's guardian ad litem a copy of the | 13 |
| information provided to the prospective adoptive parent or | 14 |
| parents or other caretaker. The information provided to the | 15 |
| prospective adoptive parent or parents or other caretaker shall | 16 |
| be reviewed and approved regarding accuracy at the supervisory | 17 |
| level.
| 18 |
| (u-5) Effective July 1, 1995, only foster care placements | 19 |
| licensed as
foster family homes pursuant to the Child Care Act | 20 |
| of 1969 shall be eligible to
receive foster care payments from | 21 |
| the Department.
Relative caregivers who, as of July 1, 1995, | 22 |
| were approved pursuant to approved
relative placement rules | 23 |
| previously promulgated by the Department at 89 Ill.
Adm. Code | 24 |
| 335 and had submitted an application for licensure as a foster | 25 |
| family
home may continue to receive foster care payments only | 26 |
| until the Department
determines that they may be licensed as a |
|
|
|
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LRB095 09303 DRJ 29497 b |
|
| 1 |
| foster family home or that their
application for licensure is | 2 |
| denied or until September 30, 1995, whichever
occurs first.
| 3 |
| (v) The Department shall access criminal history record | 4 |
| information
as defined in the Illinois Uniform Conviction | 5 |
| Information Act and information
maintained in the adjudicatory | 6 |
| and dispositional record system as defined in
Section 2605-355 | 7 |
| of the
Department of State Police Law (20 ILCS 2605/2605-355)
| 8 |
| if the Department determines the information is necessary to | 9 |
| perform its duties
under the Abused and Neglected Child | 10 |
| Reporting Act, the Child Care Act of 1969,
and the Children and | 11 |
| Family Services Act. The Department shall provide for
| 12 |
| interactive computerized communication and processing | 13 |
| equipment that permits
direct on-line communication with the | 14 |
| Department of State Police's central
criminal history data | 15 |
| repository. The Department shall comply with all
certification | 16 |
| requirements and provide certified operators who have been
| 17 |
| trained by personnel from the Department of State Police. In | 18 |
| addition, one
Office of the Inspector General investigator | 19 |
| shall have training in the use of
the criminal history | 20 |
| information access system and have
access to the terminal. The | 21 |
| Department of Children and Family Services and its
employees | 22 |
| shall abide by rules and regulations established by the | 23 |
| Department of
State Police relating to the access and | 24 |
| dissemination of
this information.
| 25 |
| (w) Within 120 days of August 20, 1995 (the effective date | 26 |
| of Public Act
89-392), the Department shall prepare and submit |
|
|
|
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LRB095 09303 DRJ 29497 b |
|
| 1 |
| to the Governor and the
General Assembly, a written plan for | 2 |
| the development of in-state licensed
secure child care | 3 |
| facilities that care for children who are in need of secure
| 4 |
| living
arrangements for their health, safety, and well-being. | 5 |
| For purposes of this
subsection, secure care facility shall | 6 |
| mean a facility that is designed and
operated to ensure that | 7 |
| all entrances and exits from the facility, a building
or a | 8 |
| distinct part of the building, are under the exclusive control | 9 |
| of the
staff of the facility, whether or not the child has the | 10 |
| freedom of movement
within the perimeter of the facility, | 11 |
| building, or distinct part of the
building. The plan shall | 12 |
| include descriptions of the types of facilities that
are needed | 13 |
| in Illinois; the cost of developing these secure care | 14 |
| facilities;
the estimated number of placements; the potential | 15 |
| cost savings resulting from
the movement of children currently | 16 |
| out-of-state who are projected to be
returned to Illinois; the | 17 |
| necessary geographic distribution of these
facilities in | 18 |
| Illinois; and a proposed timetable for development of such
| 19 |
| facilities.
| 20 |
| (Source: P.A. 94-215, eff. 1-1-06; 94-1010, eff. 10-1-06.)
| 21 |
| Section 10. The Abused and Neglected Child Reporting Act is | 22 |
| amended by changing Section 8.2 as follows:
| 23 |
| (325 ILCS 5/8.2) (from Ch. 23, par. 2058.2)
| 24 |
| Sec. 8.2. If the Child Protective Service Unit determines, |
|
|
|
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LRB095 09303 DRJ 29497 b |
|
| 1 |
| following
an investigation made pursuant to Section 7.4 of this | 2 |
| Act, that there is
credible evidence that the child is abused | 3 |
| or neglected, the Department
shall assess the family's need for | 4 |
| services, and, as necessary, develop,
with the family, an | 5 |
| appropriate service plan for the family's voluntary
acceptance | 6 |
| or refusal. In any case where there is evidence that the
| 7 |
| perpetrator of the abuse or neglect is an addict or alcoholic | 8 |
| as defined in
the Alcoholism and Other Drug Abuse and | 9 |
| Dependency Act, the Department, when
making referrals for drug | 10 |
| or alcohol abuse services, shall make such referrals
to | 11 |
| facilities licensed by the Department of Human Services or the | 12 |
| Department
of Public Health. The Department shall comply with | 13 |
| Section 8.1 by explaining
its lack of legal authority to compel | 14 |
| the acceptance of services and may
explain its concomitant | 15 |
| authority to petition the Circuit court
under the Juvenile | 16 |
| Court Act of 1987 or refer the case to the local law
| 17 |
| enforcement authority or State's attorney for criminal | 18 |
| prosecution.
| 19 |
| For purposes of this Act, the term "family preservation | 20 |
| services"
refers to all services
to help families, including | 21 |
| adoptive and extended families. Family
preservation services | 22 |
| shall be
offered, where safe and appropriate,
to prevent the | 23 |
| placement of children in substitute
care when the children can | 24 |
| be cared for at home or in the custody of the
person | 25 |
| responsible for the children's welfare without endangering the
| 26 |
| children's health or safety, to reunite them with their
|
|
|
|
HB1322 |
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LRB095 09303 DRJ 29497 b |
|
| 1 |
| families if so placed when reunification
is an appropriate | 2 |
| goal, or to maintain an adoptive placement. The term
| 3 |
| "homemaker" includes emergency caretakers, homemakers, | 4 |
| caretakers,
housekeepers and chore services. The term | 5 |
| "counseling" includes individual
therapy, infant stimulation | 6 |
| therapy, family therapy, group therapy,
self-help groups, drug | 7 |
| and alcohol abuse counseling, vocational counseling
and | 8 |
| post-adoptive services. The term "day care" includes | 9 |
| protective day
care and day care to meet educational, | 10 |
| prevocational or vocational needs.
The term "emergency | 11 |
| assistance and advocacy" includes coordinated services
to | 12 |
| secure emergency cash, food, housing and medical assistance or | 13 |
| advocacy
for other subsistence and family protective needs.
| 14 |
| Before July 1, 2000, appropriate family preservation | 15 |
| services shall, subject
to appropriation, be included in the | 16 |
| service plan if the Department has
determined that those | 17 |
| services will ensure the child's health and safety, are
in the | 18 |
| child's best interests, and will not place the child in | 19 |
| imminent risk of
harm. Beginning July 1, 2000, appropriate | 20 |
| family preservation services shall
be uniformly available | 21 |
| throughout the State. The Department shall promptly
notify | 22 |
| children and families of the Department's responsibility to | 23 |
| offer and
provide family preservation services as identified in | 24 |
| the service plan. Such
plans may include but are not limited | 25 |
| to: case management services; homemakers;
counseling; parent | 26 |
| education; day care; emergency assistance and advocacy
|
|
|
|
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LRB095 09303 DRJ 29497 b |
|
| 1 |
| assessments; respite care; in-home health care; transportation | 2 |
| to obtain any of
the above services; and medical assistance. | 3 |
| Nothing in this paragraph shall be
construed to create a | 4 |
| private right of action or claim on the part of any
individual | 5 |
| or child welfare agency , except that when a child is the | 6 |
| subject of an action under Article II of the Juvenile Court Act | 7 |
| of 1987 and the child's service plan calls for certain family | 8 |
| preservation services, the court hearing the action under | 9 |
| Article II of the Juvenile Court Act of 1987 may order the | 10 |
| Department to provide the family preservation services set out | 11 |
| in the plan, if those services are not provided with reasonable | 12 |
| promptness .
| 13 |
| The Department shall provide a preliminary report to the | 14 |
| General
Assembly no later than January 1, 1991, in regard to | 15 |
| the provision of
services authorized pursuant to this Section. | 16 |
| The report shall include:
| 17 |
| (a) the number of families and children served, by type | 18 |
| of services;
| 19 |
| (b) the outcome from the provision of such services, | 20 |
| including the
number of families which remained intact at | 21 |
| least 6 months following the
termination of services;
| 22 |
| (c) the number of families which have been subjects of | 23 |
| founded
reports of abuse following the termination of | 24 |
| services;
| 25 |
| (d) an analysis of general family circumstances in | 26 |
| which family
preservation services have been determined to |
|
|
|
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LRB095 09303 DRJ 29497 b |
|
| 1 |
| be an effective intervention;
| 2 |
| (e) information regarding the number of families in | 3 |
| need of services
but unserved due to budget or program | 4 |
| criteria guidelines;
| 5 |
| (f) an estimate of the time necessary for and the | 6 |
| annual cost of
statewide implementation of such services;
| 7 |
| (g) an estimate of the length of time before expansion | 8 |
| of these
services will be made to include families with | 9 |
| children over the age of 6; and
| 10 |
| (h) recommendations regarding any proposed legislative | 11 |
| changes to
this program.
| 12 |
| Each Department field office shall maintain on a local | 13 |
| basis
directories of services available to children and | 14 |
| families in the local
area where the Department office is | 15 |
| located.
| 16 |
| The Department shall refer children and families served
| 17 |
| pursuant to this Section to private agencies and governmental | 18 |
| agencies,
where available.
| 19 |
| Where there are 2 equal proposals from both a | 20 |
| not-for-profit and a
for-profit agency to provide services, the | 21 |
| Department shall give preference
to the proposal from the | 22 |
| not-for-profit agency.
| 23 |
| No service plan shall compel any child or parent to engage | 24 |
| in any
activity or refrain from any activity which is not | 25 |
| reasonably related to
remedying a condition or conditions that | 26 |
| gave rise or which could give rise
to any finding of child |
|
|
|
HB1322 |
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LRB095 09303 DRJ 29497 b |
|
| 1 |
| abuse or neglect.
| 2 |
| (Source: P.A. 89-21, eff. 6-6-95; 89-507, eff. 7-1-97; 90-14, | 3 |
| eff. 7-1-97;
90-28, eff. 1-1-98; 90-608, eff. 6-30-98.)
| 4 |
| Section 15. The Juvenile Court Act of 1987 is amended by | 5 |
| changing Section 2-23 as follows:
| 6 |
| (705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
| 7 |
| Sec. 2-23. Kinds of dispositional orders.
| 8 |
| (1) The following kinds of orders of disposition may be | 9 |
| made in respect of
wards of the court:
| 10 |
| (a) A minor under 18 years of age found to be neglected | 11 |
| or abused under
Section 2-3 or dependent under Section 2-4 | 12 |
| may be (1) continued in the
custody of his or her parents,
| 13 |
| guardian or legal custodian; (2) placed in accordance with | 14 |
| Section 2-27;
(3) restored to the custody of the parent, | 15 |
| parents, guardian, or legal
custodian, provided the court | 16 |
| shall order the parent, parents, guardian, or
legal | 17 |
| custodian to cooperate with the Department of Children and | 18 |
| Family
Services and comply with the terms of an after-care | 19 |
| plan or risk the loss of
custody of the child and the | 20 |
| possible termination of their parental rights;
or
(4) | 21 |
| ordered partially or completely emancipated in accordance | 22 |
| with
the provisions of the Emancipation of Mature Minors | 23 |
| Act.
| 24 |
| However, in any case in which a minor is found by the |
|
|
|
HB1322 |
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LRB095 09303 DRJ 29497 b |
|
| 1 |
| court to be
neglected or abused under Section 2-3 of this | 2 |
| Act, custody of the minor
shall not be restored to any | 3 |
| parent, guardian or legal custodian whose acts
or omissions | 4 |
| or both have been identified, pursuant to subsection (1) of
| 5 |
| Section 2-21, as forming the basis for the court's finding | 6 |
| of abuse or
neglect, until such time
as a
hearing is held | 7 |
| on the issue of the best interests of the minor and the | 8 |
| fitness
of such parent, guardian or legal custodian to care | 9 |
| for the minor without
endangering the minor's health or | 10 |
| safety, and the court
enters an order that such parent, | 11 |
| guardian or legal custodian is fit to care
for the minor.
| 12 |
| (b) A minor under 18 years of age found to be dependent | 13 |
| under
Section 2-4 may be (1) placed in accordance with | 14 |
| Section 2-27 or (2)
ordered partially or completely | 15 |
| emancipated in accordance with the
provisions of the | 16 |
| Emancipation of Mature Minors Act.
| 17 |
| However, in any case in which a minor is found by the | 18 |
| court to be
dependent under Section 2-4 of this Act, | 19 |
| custody of the minor shall not be
restored to
any parent, | 20 |
| guardian or legal custodian whose acts or omissions or both | 21 |
| have
been identified, pursuant to subsection (1) of Section | 22 |
| 2-21, as forming the
basis for the court's finding of | 23 |
| dependency, until such
time as a hearing is
held on the | 24 |
| issue of the fitness of such parent, guardian or legal
| 25 |
| custodian to care for the minor without endangering the | 26 |
| minor's health or
safety, and the court enters an order |
|
|
|
HB1322 |
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LRB095 09303 DRJ 29497 b |
|
| 1 |
| that such
parent, guardian or legal custodian is fit to | 2 |
| care for the minor.
| 3 |
| (c) When the court awards guardianship to the | 4 |
| Department of Children and
Family Services, the court shall | 5 |
| order the parents to cooperate with the
Department of | 6 |
| Children and Family Services, comply with the terms of the
| 7 |
| service plans, and correct the conditions that require the | 8 |
| child to be in care,
or risk termination of their parental | 9 |
| rights.
| 10 |
| (2) Any order of disposition may provide for protective | 11 |
| supervision
under Section 2-24 and may include an order of | 12 |
| protection under Section 2-25.
| 13 |
| Unless the order of disposition expressly so provides, it | 14 |
| does
not operate to close proceedings on the pending petition, | 15 |
| but is subject
to modification, not inconsistent with Section | 16 |
| 2-28, until final closing and discharge of the proceedings | 17 |
| under
Section 2-31.
| 18 |
| (3) The court also shall enter any other orders necessary | 19 |
| to fulfill the
service plan, including, but not limited to, (i) | 20 |
| orders requiring parties to
cooperate with services, (ii) | 21 |
| restraining orders controlling the conduct of any
party likely | 22 |
| to frustrate the achievement of the goal, and (iii) visiting
| 23 |
| orders. Unless otherwise specifically authorized by law, the | 24 |
| court is not
empowered under this subsection (3) to order | 25 |
| specific placements, specific
services, or specific service
| 26 |
| providers to be included in the plan. If, after receiving |
|
|
|
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LRB095 09303 DRJ 29497 b |
|
| 1 |
| evidence, the court determines that the services contained in | 2 |
| the plan are not reasonably calculated to facilitate | 3 |
| achievement of the permanency goal, the court shall put in | 4 |
| writing the factual basis supporting the determination and | 5 |
| enter specific findings based on the evidence. The court also | 6 |
| shall enter an order for the Department to develop and | 7 |
| implement a new service plan or to implement changes to the | 8 |
| current service plan consistent with the court's findings. The | 9 |
| new service plan shall be filed with the court and served on | 10 |
| all parties within 45 days after the date of the order. The | 11 |
| court shall continue the matter until the new service plan is | 12 |
| filed. Unless otherwise specifically authorized by law, the | 13 |
| court is not empowered under this subsection (3) or under | 14 |
| subsection (2) to order specific placements, specific | 15 |
| services, or specific service providers to be included in the | 16 |
| plan.
If the court concludes that the
Department of Children
| 17 |
| and Family Services has abused its discretion in setting the | 18 |
| current service
plan or permanency goal for the minor, the | 19 |
| court shall enter specific
findings in writing based on the | 20 |
| evidence and shall enter an order for the
Department to develop | 21 |
| and implement a new permanency goal and service plan
consistent | 22 |
| with the court's findings. The new service plan shall be filed | 23 |
| with
the court and served on all parties. The court shall | 24 |
| continue
the matter until the new service plan is filed.
| 25 |
| (4) In addition to any other order of disposition, the | 26 |
| court may order
any minor adjudicated neglected with respect to |
|
|
|
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LRB095 09303 DRJ 29497 b |
|
| 1 |
| his or her own injurious
behavior to make restitution, in | 2 |
| monetary or non-monetary form, under the
terms and conditions | 3 |
| of Section 5-5-6 of the Unified Code of Corrections,
except | 4 |
| that the "presentence hearing" referred to therein shall be the
| 5 |
| dispositional hearing for purposes of this Section. The parent, | 6 |
| guardian
or legal custodian of the minor may pay some or all of | 7 |
| such restitution on
the minor's behalf.
| 8 |
| (5) Any order for disposition where the minor is committed | 9 |
| or placed in
accordance with Section 2-27 shall provide for the | 10 |
| parents or guardian of
the estate of such minor to pay to the | 11 |
| legal custodian or guardian of the
person of the minor such | 12 |
| sums as are determined by the custodian or guardian
of the | 13 |
| person of the minor as necessary for the minor's needs. Such | 14 |
| payments
may not exceed the maximum amounts provided for by | 15 |
| Section 9.1 of the
Children and Family Services Act.
| 16 |
| (6) Whenever the order of disposition requires the minor to | 17 |
| attend
school or participate in a program of training, the | 18 |
| truant officer or
designated school official shall regularly | 19 |
| report to the court if the minor
is a chronic or habitual | 20 |
| truant under Section 26-2a of the School Code.
| 21 |
| (7) The court may terminate the parental rights of a parent | 22 |
| at the initial
dispositional hearing if all of the conditions | 23 |
| in subsection (5) of Section
2-21 are met.
| 24 |
| (Source: P.A. 89-17, eff. 5-31-95; 89-235, eff. 8-4-95; 90-27, | 25 |
| eff. 1-1-98;
90-28, eff. 1-1-98; 90-608, eff. 6-30-98; 90-655, | 26 |
| eff. 7-30-98; revised
10-9-03 .)
|
|
|
|
HB1322 |
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LRB095 09303 DRJ 29497 b |
|
| 1 |
| Section 20. The Adoption Act is amended by changing Section | 2 |
| 1 as follows:
| 3 |
| (750 ILCS 50/1) (from Ch. 40, par. 1501)
| 4 |
| Sec. 1. Definitions. When used in this Act, unless the | 5 |
| context
otherwise requires:
| 6 |
| A. "Child" means a person under legal age subject to | 7 |
| adoption under
this Act.
| 8 |
| B. "Related child" means a child subject to adoption where | 9 |
| either or both of
the adopting parents stands in any of the | 10 |
| following relationships to the child
by blood or marriage: | 11 |
| parent, grand-parent, brother, sister, step-parent,
| 12 |
| step-grandparent, step-brother, step-sister, uncle, aunt, | 13 |
| great-uncle,
great-aunt, or cousin of first degree. A child | 14 |
| whose parent has executed
a final irrevocable consent to | 15 |
| adoption or a final irrevocable surrender
for purposes of | 16 |
| adoption, or whose parent has had his or her parental rights
| 17 |
| terminated, is not a related child to that person, unless the | 18 |
| consent is
determined to be void or is void pursuant to | 19 |
| subsection O of Section 10.
| 20 |
| C. "Agency" for the purpose of this Act means a public | 21 |
| child welfare agency
or a licensed child welfare agency.
| 22 |
| D. "Unfit person" means any person whom the court shall | 23 |
| find to be unfit
to have a child, without regard to the | 24 |
| likelihood that the child will be
placed for adoption. The |
|
|
|
HB1322 |
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LRB095 09303 DRJ 29497 b |
|
| 1 |
| grounds of unfitness are any one or more
of the following, | 2 |
| except that a person shall not be considered an unfit
person | 3 |
| for the sole reason that the person has relinquished a child in
| 4 |
| accordance with the Abandoned Newborn Infant Protection Act:
| 5 |
| (a) Abandonment of the child.
| 6 |
| (a-1) Abandonment of a newborn infant in a hospital.
| 7 |
| (a-2) Abandonment of a newborn infant in any setting | 8 |
| where the evidence
suggests that the parent intended to | 9 |
| relinquish his or her parental rights.
| 10 |
| (b) Failure to maintain a reasonable degree of | 11 |
| interest, concern or
responsibility as to the child's | 12 |
| welfare.
| 13 |
| (c) Desertion of the child for more than 3 months next | 14 |
| preceding the
commencement of the Adoption proceeding.
| 15 |
| (d) Substantial neglect
of the
child if continuous or | 16 |
| repeated.
| 17 |
| (d-1) Substantial neglect, if continuous or repeated, | 18 |
| of any child
residing in the household which resulted in | 19 |
| the death of that child.
| 20 |
| (e) Extreme or repeated cruelty to the child.
| 21 |
| (f) There is a rebuttable presumption, which can be | 22 |
| overcome only by clear and convincing evidence, that a | 23 |
| parent is unfit if:
| 24 |
| (1) Two or more findings of physical abuse have | 25 |
| been entered regarding any children under Section 2-21 | 26 |
| of the Juvenile Court Act
of 1987, the most recent of |
|
|
|
HB1322 |
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LRB095 09303 DRJ 29497 b |
|
| 1 |
| which was determined by the juvenile court
hearing the | 2 |
| matter to be supported by clear and convincing | 3 |
| evidence; or | 4 |
| (2) The parent has been convicted or found not | 5 |
| guilty by reason of insanity and the conviction or | 6 |
| finding resulted from the death of any child by | 7 |
| physical abuse; or
| 8 |
| (3) There is a finding of physical child abuse | 9 |
| resulting from the death of any
child under Section | 10 |
| 2-21 of the
Juvenile Court Act of 1987. | 11 |
| No conviction or finding of delinquency pursuant | 12 |
| to Article 5 of the Juvenile Court Act of 1987 shall be | 13 |
| considered a criminal conviction for the purpose of | 14 |
| applying any presumption under this item (f).
| 15 |
| (g) Failure to protect the child from conditions within | 16 |
| his environment
injurious to the child's welfare.
| 17 |
| (h) Other neglect of, or misconduct toward the child; | 18 |
| provided that in
making a finding of unfitness the court | 19 |
| hearing the adoption proceeding
shall not be bound by any | 20 |
| previous finding, order or judgment affecting
or | 21 |
| determining the rights of the parents toward the child | 22 |
| sought to be adopted
in any other proceeding except such | 23 |
| proceedings terminating parental rights
as shall be had | 24 |
| under either this Act, the Juvenile Court Act or
the | 25 |
| Juvenile Court Act of 1987.
| 26 |
| (i) Depravity. Conviction of any one of the following
|
|
|
|
HB1322 |
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LRB095 09303 DRJ 29497 b |
|
| 1 |
| crimes shall create a presumption that a parent is depraved | 2 |
| which can be
overcome only by clear and convincing | 3 |
| evidence:
(1) first degree murder in violation of paragraph | 4 |
| 1 or
2 of subsection (a) of Section 9-1 of the Criminal | 5 |
| Code of 1961 or conviction
of second degree murder in | 6 |
| violation of subsection (a) of Section 9-2 of the
Criminal | 7 |
| Code of 1961 of a parent of the child to be adopted; (2)
| 8 |
| first degree murder or second degree murder of any child in
| 9 |
| violation of the Criminal Code of 1961; (3)
attempt or | 10 |
| conspiracy to commit first degree murder or second degree | 11 |
| murder
of any child in violation of the Criminal Code of | 12 |
| 1961; (4)
solicitation to commit murder of any child, | 13 |
| solicitation to
commit murder of any child for hire, or | 14 |
| solicitation to commit second
degree murder of any child in | 15 |
| violation of the Criminal Code of 1961; (5)
predatory | 16 |
| criminal sexual assault of a child in violation of
Section | 17 |
| 12-14.1 of the Criminal Code of 1961; (6) heinous battery | 18 |
| of any child in violation of the Criminal Code of 1961; or | 19 |
| (7) aggravated battery of any child in violation of the | 20 |
| Criminal Code of 1961.
| 21 |
| There is a rebuttable presumption that a parent is | 22 |
| depraved if the parent
has been criminally convicted of at | 23 |
| least 3 felonies under the laws of this
State or any other | 24 |
| state, or under federal law, or the criminal laws of any
| 25 |
| United States territory; and at least
one of these
| 26 |
| convictions took place within 5 years of the filing of the |
|
|
|
HB1322 |
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LRB095 09303 DRJ 29497 b |
|
| 1 |
| petition or motion
seeking termination of parental rights.
| 2 |
| There is a rebuttable presumption that a parent is | 3 |
| depraved if that
parent
has
been criminally convicted of | 4 |
| either first or second degree murder of any person
as | 5 |
| defined in the Criminal Code of 1961 within 10 years of the | 6 |
| filing date of
the petition or motion to terminate parental | 7 |
| rights. | 8 |
| No conviction or finding of delinquency pursuant to | 9 |
| Article 5 of the Juvenile Court Act of 1987 shall be | 10 |
| considered a criminal conviction for the purpose of | 11 |
| applying any presumption under this item (i).
| 12 |
| (j) Open and notorious adultery or fornication.
| 13 |
| (j-1) (Blank).
| 14 |
| (k) Habitual drunkenness or addiction to drugs, other | 15 |
| than those
prescribed by a physician, for at least one year | 16 |
| immediately
prior to the commencement of the unfitness | 17 |
| proceeding.
| 18 |
| There is a rebuttable presumption that a parent is | 19 |
| unfit under this
subsection
with respect to any child to | 20 |
| which that parent gives birth where there is a
confirmed
| 21 |
| test result that at birth the child's blood, urine, or | 22 |
| meconium contained any
amount of a controlled substance as | 23 |
| defined in subsection (f) of Section 102 of
the Illinois | 24 |
| Controlled Substances Act or metabolites of such | 25 |
| substances, the
presence of which in the newborn infant was | 26 |
| not the result of medical treatment
administered to the |
|
|
|
HB1322 |
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LRB095 09303 DRJ 29497 b |
|
| 1 |
| mother or the newborn infant; and the biological mother of
| 2 |
| this child is the biological mother of at least one other | 3 |
| child who was
adjudicated a neglected minor under | 4 |
| subsection (c) of Section 2-3 of the
Juvenile Court Act of | 5 |
| 1987.
| 6 |
| (l) Failure to demonstrate a reasonable degree of | 7 |
| interest, concern or
responsibility as to the welfare of a | 8 |
| new born child during the first 30
days after its birth.
| 9 |
| (m) Failure by a parent (i) to make reasonable efforts | 10 |
| to correct the
conditions that were the basis for the | 11 |
| removal of the child from the
parent, or (ii) to make | 12 |
| reasonable progress toward the return of the child
to
the | 13 |
| parent within 9 months after an adjudication of neglected | 14 |
| or abused
minor under Section 2-3 of the Juvenile Court Act | 15 |
| of 1987 or dependent
minor under Section 2-4 of that Act, | 16 |
| or (iii) to make reasonable progress
toward the return of | 17 |
| the
child to the parent during any 9-month period after the | 18 |
| end of the initial
9-month period following the | 19 |
| adjudication of
neglected or abused minor under Section 2-3 | 20 |
| of the Juvenile Court
Act of 1987 or dependent minor under | 21 |
| Section 2-4 of that Act. When the petition alleges that the | 22 |
| parent failed to make reasonable progress, the 9-month | 23 |
| period is tolled during any period for which there is a | 24 |
| court finding that the parent's failure to make reasonable | 25 |
| progress was due to factors beyond the parent's control.
If | 26 |
| a service plan has been established as
required under
|
|
|
|
HB1322 |
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LRB095 09303 DRJ 29497 b |
|
| 1 |
| Section 8.2 of the Abused and Neglected Child Reporting Act | 2 |
| to correct the
conditions that were the basis for the | 3 |
| removal of the child from the parent
and if those services | 4 |
| were available,
then, for purposes of this Act, "failure to | 5 |
| make reasonable progress toward the
return of the child to | 6 |
| the parent" includes (I) the parent's failure to
| 7 |
| substantially fulfill his or her obligations under the
| 8 |
| service plan and correct the conditions that brought the | 9 |
| child into care
within 9 months after the adjudication | 10 |
| under Section 2-3 or 2-4
of the Juvenile Court Act of 1987
| 11 |
| and (II) the parent's failure to substantially fulfill his | 12 |
| or her obligations
under
the service plan and correct the | 13 |
| conditions that brought the child into care
during any | 14 |
| 9-month period after the end of the initial 9-month period
| 15 |
| following the adjudication under Section 2-3 or 2-4 of the | 16 |
| Juvenile Court
Act of 1987. Notwithstanding any other | 17 |
| provision, when a petition or motion seeks to terminate | 18 |
| parental rights on the basis of item (iii) of this | 19 |
| subsection (m), the petitioner shall file with the court | 20 |
| and serve on the parties a pleading that specifies the | 21 |
| 9-month period or periods relied on. The pleading shall be | 22 |
| filed and served on the parties no later than 3 weeks | 23 |
| before the date set by the court for closure of discovery, | 24 |
| and the allegations in the pleading shall be treated as | 25 |
| incorporated into the petition or motion. Failure of a | 26 |
| respondent to file a written denial of the allegations in |
|
|
|
HB1322 |
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LRB095 09303 DRJ 29497 b |
|
| 1 |
| the pleading shall not be treated as an admission that the | 2 |
| allegations are true.
| 3 |
| (m-1) (Blank).
Pursuant to the Juvenile Court Act of | 4 |
| 1987, a child
has been in foster care for 15 months out of | 5 |
| any 22 month period which begins
on or after the effective | 6 |
| date of this amendatory Act of 1998 unless the
child's | 7 |
| parent can prove
by a preponderance of the evidence that it | 8 |
| is more likely than not that it will
be in the best | 9 |
| interests of the child to be returned to the parent within | 10 |
| 6
months of the date on which a petition for termination of | 11 |
| parental rights is
filed under the Juvenile Court Act of | 12 |
| 1987. The 15 month time limit is tolled
during
any period | 13 |
| for which there is a court finding that the appointed | 14 |
| custodian or
guardian failed to make reasonable efforts to | 15 |
| reunify the child with his or her
family, provided that (i) | 16 |
| the finding of no reasonable efforts is made within
60 days | 17 |
| of the period when reasonable efforts were not made or (ii) | 18 |
| the parent
filed a motion requesting a finding of no | 19 |
| reasonable efforts within 60 days of
the period when | 20 |
| reasonable efforts were not made. For purposes of this
| 21 |
| subdivision (m-1), the date of entering foster care is the | 22 |
| earlier of: (i) the
date of
a judicial finding at an | 23 |
| adjudicatory hearing that the child is an abused,
| 24 |
| neglected, or dependent minor; or (ii) 60 days after the | 25 |
| date on which the
child is removed from his or her parent, | 26 |
| guardian, or legal custodian.
|
|
|
|
HB1322 |
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LRB095 09303 DRJ 29497 b |
|
| 1 |
| (n) Evidence of intent to forgo his or her parental | 2 |
| rights,
whether or
not the child is a ward of the court, | 3 |
| (1) as manifested
by his or her failure for a period of 12 | 4 |
| months: (i) to visit the child,
(ii) to communicate with | 5 |
| the child or agency, although able to do so and
not | 6 |
| prevented from doing so by an agency or by court order, or | 7 |
| (iii) to
maintain contact with or plan for the future of | 8 |
| the child, although physically
able to do so, or (2) as | 9 |
| manifested by the father's failure, where he
and the mother | 10 |
| of the child were unmarried to each other at the time of | 11 |
| the
child's birth, (i) to commence legal proceedings to | 12 |
| establish his paternity
under the Illinois Parentage Act of | 13 |
| 1984 or the law of the jurisdiction of
the child's birth | 14 |
| within 30 days of being informed, pursuant to Section 12a
| 15 |
| of this Act, that he is the father or the likely father of | 16 |
| the child or,
after being so informed where the child is | 17 |
| not yet born, within 30 days of
the child's birth, or (ii) | 18 |
| to make a good faith effort to pay a reasonable
amount of | 19 |
| the expenses related to the birth of the child and to | 20 |
| provide a
reasonable amount for the financial support of | 21 |
| the child, the court to
consider in its determination all | 22 |
| relevant circumstances, including the
financial condition | 23 |
| of both parents; provided that the ground for
termination | 24 |
| provided in this subparagraph (n)(2)(ii) shall only be
| 25 |
| available where the petition is brought by the mother or | 26 |
| the husband of
the mother.
|
|
|
|
HB1322 |
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LRB095 09303 DRJ 29497 b |
|
| 1 |
| Contact or communication by a parent with his or her | 2 |
| child that does not
demonstrate affection and concern does | 3 |
| not constitute reasonable contact
and planning under | 4 |
| subdivision (n). In the absence of evidence to the
| 5 |
| contrary, the ability to visit, communicate, maintain | 6 |
| contact, pay
expenses and plan for the future shall be | 7 |
| presumed. The subjective intent
of the parent, whether | 8 |
| expressed or otherwise, unsupported by evidence of
the | 9 |
| foregoing parental acts manifesting that intent, shall not | 10 |
| preclude a
determination that the parent has intended to | 11 |
| forgo his or her
parental
rights. In making this | 12 |
| determination, the court may consider but shall not
require | 13 |
| a showing of diligent efforts by an authorized agency to | 14 |
| encourage
the parent to perform the acts specified in | 15 |
| subdivision (n).
| 16 |
| It shall be an affirmative defense to any allegation | 17 |
| under paragraph
(2) of this subsection that the father's | 18 |
| failure was due to circumstances
beyond his control or to | 19 |
| impediments created by the mother or any other
person | 20 |
| having legal custody. Proof of that fact need only be by a
| 21 |
| preponderance of the evidence.
| 22 |
| (o) Repeated or continuous failure by the parents, | 23 |
| although physically
and financially able, to provide the | 24 |
| child with adequate food, clothing,
or shelter.
| 25 |
| (p) Inability to discharge parental responsibilities | 26 |
| supported by
competent evidence from a psychiatrist, |
|
|
|
HB1322 |
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LRB095 09303 DRJ 29497 b |
|
| 1 |
| licensed clinical social
worker, or clinical psychologist | 2 |
| of mental
impairment, mental illness or mental retardation | 3 |
| as defined in Section
1-116 of the Mental Health and | 4 |
| Developmental Disabilities Code, or
developmental | 5 |
| disability as defined in Section 1-106 of that Code, and
| 6 |
| there is sufficient justification to believe that the | 7 |
| inability to
discharge parental responsibilities shall | 8 |
| extend beyond a reasonable
time period. However, this | 9 |
| subdivision (p) shall not be construed so as to
permit a | 10 |
| licensed clinical social worker to conduct any medical | 11 |
| diagnosis to
determine mental illness or mental | 12 |
| impairment.
| 13 |
| (q) (Blank).
| 14 |
| (r) The child is in the temporary custody or | 15 |
| guardianship of the
Department of Children and Family | 16 |
| Services, the parent is incarcerated as a
result of | 17 |
| criminal conviction at the time the petition or motion for
| 18 |
| termination of parental rights is filed, prior to | 19 |
| incarceration the parent had
little or no contact with the | 20 |
| child or provided little or no support for the
child, and | 21 |
| the parent's incarceration will prevent the parent from | 22 |
| discharging
his or her parental responsibilities for the | 23 |
| child for a period in excess of 2
years after the filing of | 24 |
| the petition or motion for termination of parental
rights.
| 25 |
| (s) The child is in the temporary custody or | 26 |
| guardianship of the
Department of Children and Family |
|
|
|
HB1322 |
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LRB095 09303 DRJ 29497 b |
|
| 1 |
| Services, the parent is incarcerated at the
time the | 2 |
| petition or motion for termination of parental rights is | 3 |
| filed, the
parent has been repeatedly incarcerated as a | 4 |
| result of criminal convictions,
and the parent's repeated | 5 |
| incarceration has prevented the parent from
discharging | 6 |
| his or her parental responsibilities for the child.
| 7 |
| (t) A finding that at birth the child's blood,
urine, | 8 |
| or meconium contained any amount of a controlled substance | 9 |
| as
defined in subsection (f) of Section 102 of the Illinois | 10 |
| Controlled Substances
Act, or a metabolite of a controlled | 11 |
| substance, with the exception of
controlled substances or | 12 |
| metabolites of such substances, the presence of which
in | 13 |
| the newborn infant was the result of medical treatment | 14 |
| administered to the
mother or the newborn infant, and that | 15 |
| the biological mother of this child is
the biological | 16 |
| mother of at least one other child who was adjudicated a
| 17 |
| neglected minor under subsection (c) of Section 2-3 of the | 18 |
| Juvenile Court Act
of 1987, after which the biological | 19 |
| mother had the opportunity to enroll in
and participate in | 20 |
| a clinically appropriate substance abuse
counseling, | 21 |
| treatment, and rehabilitation program.
| 22 |
| E. "Parent" means the father or mother of a lawful child of | 23 |
| the parties or child born out of wedlock. For the purpose of | 24 |
| this Act, a person who has executed a final and
irrevocable | 25 |
| consent to adoption or a final and irrevocable surrender for
| 26 |
| purposes of adoption, or whose parental rights have been |
|
|
|
HB1322 |
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LRB095 09303 DRJ 29497 b |
|
| 1 |
| terminated by a
court, is not a parent of the child who was the | 2 |
| subject of the consent or
surrender, unless the consent is void | 3 |
| pursuant to subsection O of Section 10.
| 4 |
| F. A person is available for adoption when the person is:
| 5 |
| (a) a child who has been surrendered for adoption to an | 6 |
| agency and to
whose adoption the agency has thereafter | 7 |
| consented;
| 8 |
| (b) a child to whose adoption a person authorized by | 9 |
| law, other than his
parents, has consented, or to whose | 10 |
| adoption no consent is required pursuant
to Section 8 of | 11 |
| this Act;
| 12 |
| (c) a child who is in the custody of persons who intend | 13 |
| to adopt him
through placement made by his parents;
| 14 |
| (c-1) a child for whom a parent has signed a specific | 15 |
| consent pursuant
to subsection O of Section 10;
| 16 |
| (d) an adult who meets the conditions set forth in | 17 |
| Section 3 of this
Act; or
| 18 |
| (e) a child who has been relinquished as defined in | 19 |
| Section 10 of the
Abandoned Newborn Infant Protection Act.
| 20 |
| A person who would otherwise be available for adoption | 21 |
| shall not be
deemed unavailable for adoption solely by reason | 22 |
| of his or her death.
| 23 |
| G. The singular includes the plural and the plural includes
| 24 |
| the singular and the "male" includes the "female", as the | 25 |
| context of this
Act may require.
| 26 |
| H. "Adoption disruption" occurs when an adoptive placement |
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| 1 |
| does not
prove successful and it becomes necessary for the | 2 |
| child to be removed from
placement before the adoption is | 3 |
| finalized.
| 4 |
| I. "Foreign placing agency" is an agency or individual | 5 |
| operating in a
country or territory outside the United States | 6 |
| that is authorized by its
country to place children for | 7 |
| adoption either directly with families in the
United States or | 8 |
| through United States based international agencies.
| 9 |
| J. "Immediate relatives" means the biological parents, the | 10 |
| parents of
the biological parents and siblings of the | 11 |
| biological parents.
| 12 |
| K. "Intercountry adoption" is a process by which a child | 13 |
| from a country
other than the United States is adopted.
| 14 |
| L. "Intercountry Adoption Coordinator" is a staff person of | 15 |
| the
Department of Children and Family Services appointed by the | 16 |
| Director to
coordinate the provision of services by the public | 17 |
| and private sector to
prospective parents of foreign-born | 18 |
| children.
| 19 |
| M. "Interstate Compact on the Placement of Children" is a | 20 |
| law enacted by
most states for the purpose of establishing | 21 |
| uniform procedures for handling
the interstate placement of | 22 |
| children in foster homes, adoptive homes, or
other child care | 23 |
| facilities.
| 24 |
| N. "Non-Compact state" means a state that has not enacted | 25 |
| the
Interstate Compact on the Placement of Children.
| 26 |
| O. "Preadoption requirements" are any conditions |
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| established by the laws
or regulations of the Federal | 2 |
| Government or of each state that must be met
prior to the | 3 |
| placement of a child in an adoptive home.
| 4 |
| P. "Abused child" means a child whose parent or immediate | 5 |
| family member,
or any person responsible for the child's | 6 |
| welfare, or any individual
residing in the same home as the | 7 |
| child, or a paramour of the child's parent:
| 8 |
| (a) inflicts, causes to be inflicted, or allows to be | 9 |
| inflicted upon
the child physical injury, by other than | 10 |
| accidental means, that causes
death, disfigurement, | 11 |
| impairment of physical or emotional health, or loss
or | 12 |
| impairment of any bodily function;
| 13 |
| (b) creates a substantial risk of physical injury to | 14 |
| the child by
other than accidental means which would be | 15 |
| likely to cause death,
disfigurement, impairment of | 16 |
| physical or emotional health, or loss or
impairment of any | 17 |
| bodily function;
| 18 |
| (c) commits or allows to be committed any sex offense | 19 |
| against the child,
as sex offenses are defined in the | 20 |
| Criminal Code of 1961
and extending those definitions of | 21 |
| sex offenses to include children under
18 years of age;
| 22 |
| (d) commits or allows to be committed an act or acts of | 23 |
| torture upon
the child; or
| 24 |
| (e) inflicts excessive corporal punishment.
| 25 |
| Q. "Neglected child" means any child whose parent or other | 26 |
| person
responsible for the child's welfare withholds or denies |
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| nourishment or
medically indicated treatment including food or | 2 |
| care denied solely on the
basis of the present or anticipated | 3 |
| mental or physical impairment as determined
by a physician | 4 |
| acting alone or in consultation with other physicians or
| 5 |
| otherwise does not provide the proper or necessary support, | 6 |
| education
as required by law, or medical or other remedial care | 7 |
| recognized under State
law as necessary for a child's | 8 |
| well-being, or other care necessary for his
or her well-being, | 9 |
| including adequate food, clothing and shelter; or who
is | 10 |
| abandoned by his or her parents or other person responsible for | 11 |
| the child's
welfare.
| 12 |
| A child shall not be considered neglected or abused for the
| 13 |
| sole reason that the child's parent or other person responsible | 14 |
| for his
or her welfare depends upon spiritual means through | 15 |
| prayer alone for the
treatment or cure of disease or remedial | 16 |
| care as provided under Section 4
of the Abused and Neglected | 17 |
| Child Reporting Act.
A child shall not be considered neglected | 18 |
| or abused for the sole reason that
the child's parent or other | 19 |
| person responsible for the child's welfare failed
to vaccinate, | 20 |
| delayed vaccination, or refused vaccination for the child
due | 21 |
| to a waiver on religious or medical grounds as permitted by | 22 |
| law.
| 23 |
| R. "Putative father" means a man who may be a child's | 24 |
| father, but who (1) is
not married to the child's mother on or | 25 |
| before the date that the child was or
is to be born and (2) has | 26 |
| not established paternity of the child in a court
proceeding |
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| before the filing of a petition for the adoption of the child. | 2 |
| The
term includes a male who is less than 18 years of age. | 3 |
| "Putative father" does
not mean a man who is the child's father | 4 |
| as a result of criminal sexual abuse
or assault as defined | 5 |
| under Article 12 of the Criminal Code of 1961.
| 6 |
| S. "Standby adoption" means an adoption in which a parent
| 7 |
| consents to custody and termination of parental rights to | 8 |
| become
effective upon the occurrence of a future event, which | 9 |
| is either the death of
the
parent or the request of the parent
| 10 |
| for the entry of a final judgment of adoption.
| 11 |
| T. (Blank).
| 12 |
| (Source: P.A. 93-732, eff. 1-1-05; 94-229, eff. 1-1-06; 94-563, | 13 |
| eff. 1-1-06; 94-939, eff. 1-1-07 .)
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