Full Text of HB4927 95th General Assembly
HB4927 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB4927
Introduced , by Rep. Linda Chapa LaVia SYNOPSIS AS INTRODUCED: |
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705 ILCS 405/2-3 |
from Ch. 37, par. 802-3 |
705 ILCS 405/2-27 |
from Ch. 37, par. 802-27 |
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Amends the Juvenile Court Act of 1987. Provides that if the court determines that the parent, legal guardian, or custodian of a minor has been convicted 2 or more times for the offense of participation in methamphetamine manufacturing, the court shall automatically terminate such parent, legal guardian, or custodian's rights in relation to the minor and place the minor with a suitable relative or other
person or commit the minor to an agency for care or placement.
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A BILL FOR
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HB4927 |
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LRB095 17165 RLC 43222 b |
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| AN ACT concerning courts.
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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 Juvenile Court Act of 1987 is amended by | 5 |
| changing Sections 2-3 and 2-27 as follows:
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| (705 ILCS 405/2-3) (from Ch. 37, par. 802-3)
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| Sec. 2-3. Neglected or abused minor.
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| (1) Those who are neglected include:
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| (a) any minor under 18 years of age who is not | 10 |
| receiving
the proper or necessary support, education as
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| required by law, or medical or other remedial care | 12 |
| recognized under
State law as necessary for a minor's | 13 |
| well-being, or other care necessary
for his or her | 14 |
| well-being, including adequate food, clothing and shelter,
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| or who is abandoned by his or her parents or other person | 16 |
| responsible for
the minor's welfare, except that a minor | 17 |
| shall not be considered neglected
for the sole reason that | 18 |
| the minor's parent or other person responsible for the
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| minor's welfare has left the minor in the care of an adult | 20 |
| relative for any
period of time; or
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| (b) any minor under 18 years of age whose environment | 22 |
| is injurious
to his or her welfare; or
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| (c) any newborn infant whose blood, urine, or meconium
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LRB095 17165 RLC 43222 b |
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| contains any amount of a
controlled substance as defined in | 2 |
| subsection (f) of Section 102 of the
Illinois Controlled | 3 |
| Substances Act, as now or hereafter amended, or a
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| metabolite of a controlled substance, with the exception of | 5 |
| controlled
substances or metabolites of such substances, | 6 |
| the presence of which in the
newborn infant is the result | 7 |
| of medical treatment administered to the
mother or the | 8 |
| newborn infant; or
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| (d) any minor under the age of 14 years whose parent or | 10 |
| other person
responsible for the minor's welfare leaves the | 11 |
| minor without
supervision for an unreasonable period of | 12 |
| time without regard for the mental or
physical health, | 13 |
| safety, or welfare of that minor; or
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| (e) any minor who has been provided with interim crisis | 15 |
| intervention
services under Section 3-5 of this Act and | 16 |
| whose parent, guardian, or custodian
refuses to permit the | 17 |
| minor to return home unless the minor is an immediate | 18 |
| physical danger to himself, herself, or others living in | 19 |
| the home.
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| Whether the minor was left without regard for the mental or | 21 |
| physical health,
safety, or welfare of that minor or the period | 22 |
| of time was unreasonable shall
be determined by considering the | 23 |
| following factors, including but not limited
to:
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| (1) the age of the minor;
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| (2) the number of minors left at the location;
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| (3) special needs of the minor, including whether the |
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| minor is physically
or mentally handicapped, or otherwise | 2 |
| in need of ongoing prescribed medical
treatment such as | 3 |
| periodic doses of insulin or other medications;
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| (4) the duration of time in which the minor was left | 5 |
| without supervision;
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| (5) the condition and location of the place where the | 7 |
| minor was left
without supervision;
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| (6) the time of day or night when the minor was left | 9 |
| without supervision;
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| (7) the weather conditions, including whether the | 11 |
| minor was left in a
location with adequate protection from | 12 |
| the natural elements such as adequate
heat or light;
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| (8) the location of the parent or guardian at the time | 14 |
| the minor was left
without supervision, the physical | 15 |
| distance the minor was from the parent or
guardian at the | 16 |
| time the minor was without supervision;
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| (9) whether the minor's movement was restricted, or the | 18 |
| minor was
otherwise locked within a room or other | 19 |
| structure;
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| (10) whether the minor was given a phone number of a | 21 |
| person or location to
call in the event of an emergency and | 22 |
| whether the minor was capable of making
an emergency call;
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| (11) whether there was food and other provision left | 24 |
| for the minor;
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| (12) whether any of the conduct is attributable to | 26 |
| economic hardship or
illness and the parent, guardian or |
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| other person having physical custody or
control of the | 2 |
| child made a good faith effort to provide for the health | 3 |
| and
safety of the minor;
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| (13) the age and physical and mental capabilities of | 5 |
| the person or persons
who provided supervision for the | 6 |
| minor;
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| (14) whether the minor was left under the supervision | 8 |
| of another person;
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| (15) any other factor that would endanger the health | 10 |
| and safety of that
particular minor.
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| A minor shall not be considered neglected for the sole | 12 |
| reason that the
minor has been relinquished in accordance with | 13 |
| the Abandoned Newborn Infant
Protection Act.
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| (2) Those who are abused include any minor under 18 years | 15 |
| of age whose
parent or immediate family member, or any person | 16 |
| responsible
for the minor's welfare, or any person who is in | 17 |
| the same family or household
as the minor, or any individual | 18 |
| residing in the same home as the minor, or
a paramour of the | 19 |
| minor's parent:
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| (i) inflicts, causes to be inflicted, or allows to be | 21 |
| inflicted upon
such minor physical injury, by other than | 22 |
| accidental means, which causes death,
disfigurement, | 23 |
| impairment of physical or emotional health, or loss or
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| impairment of any bodily function;
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| (ii) creates a substantial risk of physical injury to | 26 |
| such minor by
other than accidental means which would be |
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| likely to cause death,
disfigurement, impairment of | 2 |
| emotional health, or loss or impairment of any
bodily | 3 |
| function;
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| (iii) commits or allows to be committed any sex offense | 5 |
| against such
minor, as such sex offenses are defined in the | 6 |
| Criminal Code of 1961, as
amended, and extending those | 7 |
| definitions of sex offenses to include minors
under 18 | 8 |
| years of age;
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| (iv) commits or allows to be committed an act or acts | 10 |
| of torture upon
such minor; or
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| (v) inflicts excessive corporal punishment.
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| A minor shall not be considered abused for the sole reason | 13 |
| that the minor
has been relinquished in accordance with the | 14 |
| Abandoned Newborn Infant
Protection Act.
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| (2.5) Those who are abused include any minor under 18 years | 16 |
| of age whose
parent or other person
responsible for the minor's | 17 |
| welfare has been convicted 2 or more times of the offense of | 18 |
| participation in methamphetamine manufacturing as defined in | 19 |
| Section 15 of the Methamphetamine Control and Community | 20 |
| Protection Act. | 21 |
| (3) This Section does not apply to a minor who would be | 22 |
| included
herein solely for the purpose of qualifying for | 23 |
| financial assistance for
himself, his parents, guardian or | 24 |
| custodian.
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| (Source: P.A. 95-443, eff. 1-1-08.)
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| (705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
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| (Text of Section after amendment by P.A. 95-642 )
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| Sec. 2-27. Placement; legal custody or guardianship.
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| (1) If the court determines and puts in writing the factual | 5 |
| basis supporting
the determination of whether the parents, | 6 |
| guardian, or legal custodian of a
minor adjudged a ward of the | 7 |
| court are unfit or are unable, for some reason
other than | 8 |
| financial circumstances alone, to care for, protect, train or
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| discipline the minor or are unwilling to do so, and that the
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| health, safety, and best
interest of the minor will be | 11 |
| jeopardized if the minor remains in the custody
of his or her | 12 |
| parents, guardian or
custodian, the court may at this hearing | 13 |
| and at any later point:
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| (a) place the minor in the custody of a suitable | 15 |
| relative or other person
as
legal custodian or guardian;
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| (a-5) with the approval of the Department of Children | 17 |
| and Family
Services, place the minor in the subsidized | 18 |
| guardianship of a suitable relative
or
other person as | 19 |
| legal guardian; "subsidized guardianship" means a private
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| guardianship arrangement for children for whom the | 21 |
| permanency goals of return
home and adoption have been | 22 |
| ruled out and who meet the qualifications for
subsidized | 23 |
| guardianship as defined by the Department of Children and | 24 |
| Family
Services in administrative rules;
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| (b) place the minor under the guardianship of a | 26 |
| probation officer;
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| (c) commit the minor to an agency for care or | 2 |
| placement, except an
institution under the authority of the | 3 |
| Department of Corrections or of
the Department of Children | 4 |
| and Family Services;
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| (d) commit the minor to the Department of Children and | 6 |
| Family Services for
care and service; however, a minor | 7 |
| charged with a criminal offense under the
Criminal Code of | 8 |
| 1961 or adjudicated delinquent shall not be placed in the
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| custody of or committed to the Department of Children and | 10 |
| Family Services by
any court, except a minor less than 15 | 11 |
| years of age and committed to the
Department of Children | 12 |
| and Family Services under Section 5-710 of this Act or a | 13 |
| minor for whom an independent basis of abuse, neglect, or | 14 |
| dependency exists. An independent basis exists when the | 15 |
| allegations or adjudication of abuse, neglect, or | 16 |
| dependency do not arise from the same facts, incident, or | 17 |
| circumstances which give rise to a charge or adjudication | 18 |
| of delinquency. The
Department shall be given due notice of | 19 |
| the pendency of the action and the
Guardianship | 20 |
| Administrator of the Department of Children and Family | 21 |
| Services
shall be appointed guardian of the person of the | 22 |
| minor. Whenever the Department
seeks to discharge a minor | 23 |
| from its care and service, the Guardianship
Administrator | 24 |
| shall petition the court for an
order terminating | 25 |
| guardianship. The Guardianship Administrator may
designate | 26 |
| one or more other officers of the Department, appointed as
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| Department officers by administrative order of the | 2 |
| Department Director,
authorized to affix the signature of | 3 |
| the Guardianship Administrator to
documents affecting the | 4 |
| guardian-ward relationship of children for whom
he or she | 5 |
| has been appointed guardian at such times as he or she is | 6 |
| unable to
perform
the duties of his or her office. The | 7 |
| signature authorization shall include but
not be limited to | 8 |
| matters of consent of marriage, enlistment in the
armed | 9 |
| forces, legal proceedings, adoption, major medical and | 10 |
| surgical
treatment and application for driver's license. | 11 |
| Signature authorizations
made pursuant to the provisions | 12 |
| of this paragraph shall be filed with
the Secretary of | 13 |
| State and the Secretary of State shall provide upon
payment | 14 |
| of the customary fee, certified copies of the authorization | 15 |
| to
any court or individual who requests a copy.
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| (1.5) In making a determination under this Section, the | 17 |
| court shall also
consider
whether, based on health, safety, and | 18 |
| the best interests of the minor,
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| (a) appropriate services aimed
at family preservation | 20 |
| and family reunification have been unsuccessful in
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| rectifying the conditions that have led to a finding of | 22 |
| unfitness or inability
to care for, protect, train, or | 23 |
| discipline the minor, or
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| (b) no family preservation or family reunification
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| services would be appropriate,
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| and if the petition or amended petition
contained an allegation |
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| that the
parent is an unfit
person as defined in subdivision | 2 |
| (D) of Section 1 of the Adoption Act, and the
order of
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| adjudication
recites that parental unfitness was established | 4 |
| by clear and convincing
evidence, the court
shall, when | 5 |
| appropriate and in the best interest of the minor, enter an
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| order terminating parental rights and
appointing a guardian | 7 |
| with
power to
consent to adoption in accordance with Section | 8 |
| 2-29.
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| When making a placement, the court, wherever possible, | 10 |
| shall
require the Department of Children and Family Services to | 11 |
| select a person
holding the same religious belief as that of | 12 |
| the minor or a private agency
controlled by persons of like | 13 |
| religious faith of the minor and shall require
the Department | 14 |
| to otherwise comply with Section 7 of the Children and Family
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| Services Act in placing the child. In addition, whenever | 16 |
| alternative plans for
placement are available, the court shall | 17 |
| ascertain and consider, to the extent
appropriate in the | 18 |
| particular case, the views and preferences of the minor.
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| (1.6) If the court determines that the parent, legal | 20 |
| guardian, or custodian of a minor has been convicted 2 or more | 21 |
| times for the offense of participation in methamphetamine | 22 |
| manufacturing as defined in Section 15 of the Methamphetamine | 23 |
| Control and Community Protection Act, the court shall | 24 |
| automatically terminate such parent, legal guardian, or | 25 |
| custodian's rights in relation to the minor and place the minor | 26 |
| with a suitable relative or other
person or commit the minor to |
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LRB095 17165 RLC 43222 b |
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| an agency for care or placement as provided in subsection (1). | 2 |
| (2) When a minor is placed with a suitable relative or | 3 |
| other
person pursuant to item (a) of subsection (1),
the court | 4 |
| shall appoint him or her the legal custodian or guardian of the
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| person of the minor. When a minor is committed to any agency, | 6 |
| the court
shall appoint the proper officer or representative | 7 |
| thereof as legal
custodian or guardian of the person of the | 8 |
| minor. Legal custodians and
guardians of the person of the | 9 |
| minor have the respective rights and duties set
forth in | 10 |
| subsection (9) of Section 1-3 except as otherwise provided by | 11 |
| order
of court; but no guardian of the person may consent to | 12 |
| adoption of the
minor unless that authority is conferred upon | 13 |
| him or her in accordance with
Section 2-29. An agency whose | 14 |
| representative is appointed guardian of the
person or legal | 15 |
| custodian of the minor may place the minor in any child care
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| facility, but the facility must be licensed under the Child | 17 |
| Care Act of
1969 or have been approved by the Department of | 18 |
| Children and Family Services
as meeting the standards | 19 |
| established for such licensing. No agency may
place a minor | 20 |
| adjudicated under Sections 2-3 or 2-4 in a child care facility
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| unless the placement is in compliance with the rules and | 22 |
| regulations
for placement under this Section promulgated by the | 23 |
| Department of Children
and Family Services under Section 5 of | 24 |
| the Children and Family Services
Act. Like authority and | 25 |
| restrictions shall be conferred by the court upon
any probation | 26 |
| officer who has been appointed guardian of the person of a |
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| minor.
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| (3) No placement by any probation officer or agency whose | 3 |
| representative
is appointed guardian of the person or legal | 4 |
| custodian of a minor may be
made in any out of State child care | 5 |
| facility unless it complies with the
Interstate Compact on the | 6 |
| Placement of Children. Placement with a parent,
however, is not | 7 |
| subject to that Interstate Compact.
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| (4) The clerk of the court shall issue to the legal | 9 |
| custodian or
guardian of the person a certified copy of the | 10 |
| order of court, as proof
of his authority. No other process is | 11 |
| necessary as authority for the
keeping of the minor.
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| (5) Custody or guardianship granted under this Section | 13 |
| continues until
the court otherwise directs, but not after the | 14 |
| minor reaches the age
of 19 years except as set forth in | 15 |
| Section 2-31.
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| (6) (Blank).
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| (Source: P.A. 95-642, eff. 6-1-08.)
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