Full Text of HB1322 95th General Assembly
HB1322eng 95TH GENERAL ASSEMBLY
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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 and if those services are available .
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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
| 5 |
| 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.
| 10 |
| 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
| 16 |
| 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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LRB095 09303 DRJ 29497 b |
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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.
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| (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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LRB095 09303 DRJ 29497 b |
|
| 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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LRB095 09303 DRJ 29497 b |
|
| 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:
|
|
|
|
HB1322 Engrossed |
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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 |
|
|
|
HB1322 Engrossed |
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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 |
|
|
|
HB1322 Engrossed |
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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, |
|
|
|
HB1322 Engrossed |
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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 Engrossed |
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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
|
|
|
|
HB1322 Engrossed |
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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 and if those services are available .
| 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 |
|
|
|
HB1322 Engrossed |
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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 Engrossed |
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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 Sections 2-23 and 2-28 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 Engrossed |
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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 Engrossed |
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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 |
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| 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 .)
|
|
|
|
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LRB095 09303 DRJ 29497 b |
|
| 1 |
| (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
| 2 |
| Sec. 2-28. Court review.
| 3 |
| (1) The court may require any legal custodian or guardian | 4 |
| of the person
appointed under this Act to report periodically | 5 |
| to the court or may cite
him into court and require him or his | 6 |
| agency, to make a full and
accurate report of his or its doings | 7 |
| in behalf of the minor. The
custodian or guardian, within 10 | 8 |
| days after such citation, shall make
the report, either in | 9 |
| writing verified by affidavit or orally under oath
in open | 10 |
| court, or otherwise as the court directs. Upon the hearing of
| 11 |
| the report the court may remove the custodian or guardian and | 12 |
| appoint
another in his stead or restore the minor to the | 13 |
| custody of his parents
or former guardian or custodian. | 14 |
| However, custody of the minor shall
not be restored to any | 15 |
| parent, guardian or legal custodian in any case
in which the | 16 |
| minor is found to be neglected or abused under Section 2-3 or
| 17 |
| dependent under Section 2-4 of this
Act, unless the minor can | 18 |
| be cared for at home without endangering the
minor's health or | 19 |
| safety and it is in the best interests of the minor, and
if | 20 |
| such neglect,
abuse, or dependency is found by the court under | 21 |
| paragraph (1)
of Section 2-21 of
this Act to have come about | 22 |
| due to the acts or omissions or both of such
parent, guardian
| 23 |
| or legal custodian, until such time as an investigation is made | 24 |
| as provided in
paragraph (5) and a hearing is held on the issue | 25 |
| of the fitness of such parent,
guardian or legal custodian to |
|
|
|
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LRB095 09303 DRJ 29497 b |
|
| 1 |
| care for the minor and the court enters an order
that such | 2 |
| parent, guardian or legal custodian is fit to care for the | 3 |
| minor.
| 4 |
| (2) The first permanency hearing shall be
conducted by the | 5 |
| judge. Subsequent permanency hearings may be
heard by a judge | 6 |
| or by hearing officers appointed or approved by the court in
| 7 |
| the manner set forth in Section 2-28.1 of this Act.
The initial | 8 |
| hearing shall be held (a) within 12 months from the date
| 9 |
| temporary
custody was taken, (b) if the parental rights of both | 10 |
| parents have been
terminated in accordance with the procedure | 11 |
| described in subsection (5) of
Section 2-21, within
30 days of | 12 |
| the order for termination of parental rights and appointment of
| 13 |
| a guardian with power to consent to adoption, or (c) in | 14 |
| accordance with
subsection
(2) of Section 2-13.1. Subsequent | 15 |
| permanency hearings
shall be held every 6 months
or more | 16 |
| frequently if necessary in the court's determination following | 17 |
| the
initial permanency hearing, in accordance with the | 18 |
| standards set forth in this
Section, until the court determines | 19 |
| that the plan and goal have been achieved.
Once the plan and | 20 |
| goal have been achieved, if the minor remains in substitute
| 21 |
| care, the case shall be reviewed at least every 6 months | 22 |
| thereafter, subject to
the provisions of this Section, unless | 23 |
| the minor is placed in the guardianship
of a suitable relative | 24 |
| or other person and the court determines that further
| 25 |
| monitoring by the court does not further the health, safety or | 26 |
| best interest of
the child and that this is a stable permanent |
|
|
|
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LRB095 09303 DRJ 29497 b |
|
| 1 |
| placement.
The permanency hearings must occur within the time | 2 |
| frames set forth in this
subsection and may not be delayed in | 3 |
| anticipation of a report from any source or due to the agency's | 4 |
| failure to timely file its written report (this
written report | 5 |
| means the one required under the next paragraph and does not
| 6 |
| mean the service plan also referred to in that paragraph).
| 7 |
| The public agency that is the custodian or guardian of the | 8 |
| minor, or another
agency responsible for the minor's care, | 9 |
| shall ensure that all parties to the
permanency hearings are | 10 |
| provided a copy of the most recent
service plan prepared within | 11 |
| the prior 6 months
at least 14 days in advance of the hearing. | 12 |
| If not contained in the plan, the
agency shall also include a | 13 |
| report setting forth (i) any special
physical, psychological, | 14 |
| educational, medical, emotional, or other needs of the
minor or | 15 |
| his or her family that are relevant to a permanency or | 16 |
| placement
determination and (ii) for any minor age 16 or over, | 17 |
| a written description of
the programs and services that will | 18 |
| enable the minor to prepare for independent
living. The | 19 |
| agency's written report must detail what progress or lack of
| 20 |
| progress the parent has made in correcting the conditions | 21 |
| requiring the child
to be in care; whether the child can be | 22 |
| returned home without jeopardizing the
child's health, safety, | 23 |
| and welfare, and if not, what permanency goal is
recommended to | 24 |
| be in the best interests of the child, and why the other
| 25 |
| permanency goals are not appropriate. The caseworker must | 26 |
| appear and testify
at the permanency hearing. If a permanency |
|
|
|
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LRB095 09303 DRJ 29497 b |
|
| 1 |
| hearing has not previously been
scheduled by the court, the | 2 |
| moving party shall move for the setting of a
permanency hearing | 3 |
| and the entry of an order within the time frames set forth
in | 4 |
| this subsection.
| 5 |
| At the permanency hearing, the court shall determine the | 6 |
| future status
of the child. The court shall set one of the | 7 |
| following permanency goals:
| 8 |
| (A) The minor will be returned home by a specific date | 9 |
| within 5
months.
| 10 |
| (B) The minor will be in short-term care with a
| 11 |
| continued goal to return home within a period not to exceed | 12 |
| one
year, where the progress of the parent or parents is | 13 |
| substantial giving
particular consideration to the age and | 14 |
| individual needs of the minor.
| 15 |
| (B-1) The minor will be in short-term care with a | 16 |
| continued goal to return
home pending a status hearing. | 17 |
| When the court finds that a parent has not made
reasonable | 18 |
| efforts or reasonable progress to date, the court shall | 19 |
| identify
what actions the parent and the Department must | 20 |
| take in order to justify a
finding of reasonable efforts or | 21 |
| reasonable progress and shall set a status
hearing to be | 22 |
| held not earlier than 9 months from the date of | 23 |
| adjudication nor
later than 11 months from the date of | 24 |
| adjudication during which the parent's
progress will again | 25 |
| be reviewed.
| 26 |
| (C) The minor will be in substitute care pending court
|
|
|
|
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LRB095 09303 DRJ 29497 b |
|
| 1 |
| determination on termination of parental rights.
| 2 |
| (D) Adoption, provided that parental rights have been | 3 |
| terminated or
relinquished.
| 4 |
| (E) The guardianship of the minor will be transferred | 5 |
| to an individual or
couple on a permanent basis provided | 6 |
| that goals (A) through (D) have
been ruled out.
| 7 |
| (F) The minor over age 15 will be in substitute care | 8 |
| pending
independence.
| 9 |
| (G) The minor will be in substitute care because he or | 10 |
| she cannot be
provided for in a home environment due to | 11 |
| developmental
disabilities or mental illness or because he | 12 |
| or she is a danger to self or
others, provided that goals | 13 |
| (A) through (D) have been ruled out.
| 14 |
| In selecting any permanency goal, the court shall indicate | 15 |
| in writing the
reasons the goal was selected and why the | 16 |
| preceding goals were ruled out.
Where the court has selected a | 17 |
| permanency goal other than (A), (B), or (B-1),
the
Department | 18 |
| of Children and Family Services shall not provide further
| 19 |
| reunification services, but shall provide services
consistent | 20 |
| with the goal
selected.
| 21 |
| Notwithstanding any other provision in this Section, the | 22 |
| court may select the goal of long-term foster care as a | 23 |
| permanency goal if: | 24 |
| (H) the Department of Children and Family Services is | 25 |
| the custodian or guardian of the minor; and | 26 |
| (I) the court has ruled out return home as a permanency |
|
|
|
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LRB095 09303 DRJ 29497 b |
|
| 1 |
| goal; and | 2 |
| (J) the court, after receiving evidence, makes written | 3 |
| findings that (i) the child is living with a relative or | 4 |
| foster parent who is unable or unwilling to adopt the child | 5 |
| or be named the child's guardian because of exceptional | 6 |
| circumstances, but who is willing and capable of providing | 7 |
| the child with a stable and permanent environment, and the | 8 |
| removal of the child from the physical custody of his or | 9 |
| her relative or foster parent would be detrimental to the | 10 |
| emotional well-being of the child or (ii) there would be | 11 |
| substantial interference with a child's sibling | 12 |
| relationship, taking into consideration the nature and | 13 |
| extent of the relationship, including, but not limited to, | 14 |
| whether the child was raised with a sibling in the same | 15 |
| home, whether the child shared significant common | 16 |
| experiences or has existing close and strong bonds with a | 17 |
| sibling, and whether ongoing contact is in the child's best | 18 |
| interest, including the child's long-term emotional | 19 |
| interest, as compared to the benefit of legal permanence | 20 |
| through adoption.
| 21 |
| The court shall set a
permanency
goal that is in the best | 22 |
| interest of the child. The court's determination
shall include | 23 |
| the following factors:
| 24 |
| (1) Age of the child.
| 25 |
| (2) Options available for permanence.
| 26 |
| (3) Current placement of the child and the intent of |
|
|
|
HB1322 Engrossed |
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LRB095 09303 DRJ 29497 b |
|
| 1 |
| the family regarding
adoption.
| 2 |
| (4) Emotional, physical, and mental status or | 3 |
| condition of the child.
| 4 |
| (5) Types of services previously offered and whether or | 5 |
| not
the services were successful and, if not successful, | 6 |
| the reasons the services
failed.
| 7 |
| (6) Availability of services currently needed and | 8 |
| whether the services
exist.
| 9 |
| (7) Status of siblings of the minor.
| 10 |
| The court shall consider (i) the permanency goal contained | 11 |
| in the service
plan, (ii) the appropriateness of the
services | 12 |
| contained in the plan and whether those services have been
| 13 |
| provided, (iii) whether reasonable efforts have been made by | 14 |
| all
the parties to the service plan to achieve the goal, and | 15 |
| (iv) whether the plan
and goal have been achieved. All evidence
| 16 |
| relevant to determining these questions, including oral and | 17 |
| written reports,
may be admitted and may be relied on to the | 18 |
| extent of their probative value.
| 19 |
| If the goal has been achieved, the court shall enter orders | 20 |
| that are
necessary to conform the minor's legal custody and | 21 |
| status to those findings.
| 22 |
| If, after receiving evidence, the court determines that the | 23 |
| services
contained in the plan are not reasonably calculated to | 24 |
| facilitate achievement
of the permanency goal, the court shall | 25 |
| put in writing the factual basis
supporting the determination | 26 |
| and enter specific findings based on the evidence.
The court |
|
|
|
HB1322 Engrossed |
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LRB095 09303 DRJ 29497 b |
|
| 1 |
| also shall enter an order for the Department to develop and
| 2 |
| implement a new service plan or to implement changes to the | 3 |
| current service
plan consistent with the court's findings. The | 4 |
| new service plan shall be filed
with the court and served on | 5 |
| all parties within 45 days of the date of the
order. The court | 6 |
| shall continue the matter until the new service plan is
filed. | 7 |
| Unless otherwise specifically authorized by law, the court is | 8 |
| not
empowered under this subsection (2) or under subsection (3) | 9 |
| to order specific
placements, specific services, or specific | 10 |
| service providers to be included in
the plan.
| 11 |
| A guardian or custodian appointed by the court pursuant to | 12 |
| this Act shall
file updated case plans with the court every 6 | 13 |
| months.
| 14 |
| Rights of wards of the court under this Act are enforceable | 15 |
| against
any public agency by complaints for relief by mandamus | 16 |
| filed in any
proceedings brought under this Act.
| 17 |
| (3) Following the permanency hearing, the court shall enter | 18 |
| a written order
that includes the determinations required under | 19 |
| subsection (2) of this
Section and sets forth the following:
| 20 |
| (a) The future status of the minor, including the | 21 |
| permanency goal, and
any order necessary to conform the | 22 |
| minor's legal custody and status to such
determination; or
| 23 |
| (b) If the permanency goal of the minor cannot be | 24 |
| achieved immediately,
the specific reasons for continuing | 25 |
| the minor in the care of the Department of
Children and | 26 |
| Family Services or other agency for short term placement, |
|
|
|
HB1322 Engrossed |
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LRB095 09303 DRJ 29497 b |
|
| 1 |
| and the
following determinations:
| 2 |
| (i) (Blank).
| 3 |
| (ii) Whether the services required by the court
and | 4 |
| by any service plan prepared within the prior 6 months
| 5 |
| have been provided and (A) if so, whether the services | 6 |
| were reasonably
calculated to facilitate the | 7 |
| achievement of the permanency goal or (B) if not
| 8 |
| provided, why the services were not provided.
| 9 |
| (iii) Whether the minor's placement is necessary, | 10 |
| and appropriate to the
plan and goal, recognizing the | 11 |
| right of minors to the least restrictive (most
| 12 |
| family-like) setting available and in close proximity | 13 |
| to the parents' home
consistent with the health, | 14 |
| safety, best interest and special needs of the
minor | 15 |
| and, if the minor is placed out-of-State, whether the | 16 |
| out-of-State
placement continues to be appropriate and | 17 |
| consistent with the health, safety,
and best interest | 18 |
| of the minor.
| 19 |
| (iv) (Blank).
| 20 |
| (v) (Blank).
| 21 |
| Any order entered pursuant to this subsection (3) shall be | 22 |
| immediately
appealable as a matter of right under Supreme Court | 23 |
| Rule 304(b)(1).
| 24 |
| (4) The minor or any person interested in the minor may | 25 |
| apply to the
court for a change in custody of the minor and the | 26 |
| appointment of a new
custodian or guardian of the person or for |
|
|
|
HB1322 Engrossed |
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LRB095 09303 DRJ 29497 b |
|
| 1 |
| the restoration of the minor
to the custody of his parents or | 2 |
| former guardian or custodian.
| 3 |
| When return home is not selected as the permanency goal:
| 4 |
| (a) The Department, the minor, or the current
foster | 5 |
| parent or relative
caregiver seeking private guardianship | 6 |
| may file a motion for private
guardianship of the minor. | 7 |
| Appointment of a guardian under this Section
requires | 8 |
| approval of the court.
| 9 |
| (b) The State's Attorney may file a motion to terminate | 10 |
| parental rights of
any parent who has failed to make | 11 |
| reasonable efforts to correct the conditions
which led to | 12 |
| the removal of the child or reasonable progress toward the | 13 |
| return
of the child, as defined in subdivision (D)(m) of | 14 |
| Section 1 of the Adoption Act
or for whom any other | 15 |
| unfitness ground for terminating parental rights as
| 16 |
| defined in subdivision (D) of Section 1 of the Adoption Act | 17 |
| exists.
| 18 |
| Custody of the minor shall not be restored to any parent, | 19 |
| guardian or legal
custodian in any case in which the minor is | 20 |
| found to be neglected or abused
under Section 2-3 or dependent | 21 |
| under Section 2-4 of this Act, unless the
minor can be cared | 22 |
| for at home
without endangering his or her health or safety and | 23 |
| it is in the best
interest of the minor,
and if such neglect, | 24 |
| abuse, or dependency is found by the court
under paragraph (1) | 25 |
| of Section 2-21 of this Act to have come
about due to the acts | 26 |
| or omissions or both of such parent, guardian or legal
|
|
|
|
HB1322 Engrossed |
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LRB095 09303 DRJ 29497 b |
|
| 1 |
| custodian, until such time as an investigation is made as | 2 |
| provided in
paragraph (5) and a hearing is held on the issue of | 3 |
| the health,
safety and
best interest of the minor and the | 4 |
| fitness of such
parent, guardian or legal custodian to care for | 5 |
| the minor and the court
enters an order that such parent, | 6 |
| guardian or legal custodian is fit to
care for the minor. In | 7 |
| the event that the minor has attained 18 years
of age and the | 8 |
| guardian or custodian petitions the court for an order
| 9 |
| terminating his guardianship or custody, guardianship or | 10 |
| custody shall
terminate automatically 30 days after the receipt | 11 |
| of the petition unless
the court orders otherwise. No legal | 12 |
| custodian or guardian of the
person may be removed without his | 13 |
| consent until given notice and an
opportunity to be heard by | 14 |
| the court.
| 15 |
| When the court orders a child restored to the custody of | 16 |
| the parent or
parents, the court shall order the parent or | 17 |
| parents to cooperate with the
Department of Children and Family | 18 |
| Services and comply with the terms of an
after-care plan, or | 19 |
| risk the loss of custody of the child and possible
termination | 20 |
| of their parental rights. The court may also enter an order of
| 21 |
| protective supervision in accordance with Section 2-24.
| 22 |
| (5) Whenever a parent, guardian, or legal custodian files a | 23 |
| motion for
restoration of custody of the minor, and the minor | 24 |
| was adjudicated
neglected, abused, or dependent as a result of | 25 |
| physical abuse,
the court shall cause to be
made an | 26 |
| investigation as to whether the movant has ever been charged
|
|
|
|
HB1322 Engrossed |
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LRB095 09303 DRJ 29497 b |
|
| 1 |
| with or convicted of any criminal offense which would indicate | 2 |
| the
likelihood of any further physical abuse to the minor. | 3 |
| Evidence of such
criminal convictions shall be taken into | 4 |
| account in determining whether the
minor can be cared for at | 5 |
| home without endangering his or her health or safety
and | 6 |
| fitness of the parent, guardian, or legal custodian.
| 7 |
| (a) Any agency of this State or any subdivision thereof | 8 |
| shall
co-operate with the agent of the court in providing | 9 |
| any information
sought in the investigation.
| 10 |
| (b) The information derived from the investigation and | 11 |
| any
conclusions or recommendations derived from the | 12 |
| information shall be
provided to the parent, guardian, or | 13 |
| legal custodian seeking restoration
of custody prior to the | 14 |
| hearing on fitness and the movant shall have
an opportunity | 15 |
| at the hearing to refute the information or contest its
| 16 |
| significance.
| 17 |
| (c) All information obtained from any investigation | 18 |
| shall be confidential
as provided in Section 5-150 of this | 19 |
| Act.
| 20 |
| (Source: P.A. 91-357, eff. 7-29-99; 92-320, eff. 1-1-02 .)
|
|