Full Text of SB2354 95th General Assembly
SB2354ham001 95TH GENERAL ASSEMBLY
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Juvenile Justice Reform Committee
Filed: 5/13/2008
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| AMENDMENT TO SENATE BILL 2354
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| AMENDMENT NO. ______. Amend Senate Bill 2354 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Juvenile Court Act of 1987 is amended by | 5 |
| changing Sections 5-410 and 5-740 as follows:
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| (705 ILCS 405/5-410)
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| Sec. 5-410. Non-secure custody or detention.
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| (1) Any minor arrested or taken into custody pursuant to | 9 |
| this Act who
requires care away from his or her home but who | 10 |
| does not require secured custody pursuant to paragraph (a) of | 11 |
| subsection (2) physical
restriction shall be given temporary | 12 |
| care in a foster family home or other
shelter facility | 13 |
| designated by the court.
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| (2) (a) Any minor 10 years of age or older arrested
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| pursuant to this Act where there is probable cause to believe | 16 |
| that the minor
is a delinquent minor and that
(i) secured |
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| custody is a matter of immediate and urgent necessity for the
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| protection of the minor or of the person or property of | 3 |
| another, (ii) the minor
is likely to flee the jurisdiction of | 4 |
| the court, or (iii) the minor was taken
into custody under a | 5 |
| warrant, may be kept or detained in an authorized
detention | 6 |
| facility. No minor under 12 years of age shall be detained in a
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| county jail or a municipal lockup for more than 6 hours. Where | 8 |
| a court orders a minor to be kept or detained in a facility | 9 |
| authorized for juvenile detention in accordance with this Act | 10 |
| and it appears from the record that, not withstanding the order | 11 |
| of detention, removal of the minor from the minor's home may | 12 |
| also be in the minor's best interest, the court shall further | 13 |
| determine whether the removal is, in fact, in the best | 14 |
| interests of the minor, consistent with paragraphs (a-5) and | 15 |
| (a-10) of this subsection (2) and shall include such findings | 16 |
| on the initial court order authorizing the detention. | 17 |
| (a-5) For any minor determined to need care away from home | 18 |
| in foster care or shelter care, but who does not require | 19 |
| secured custody pursuant to paragraph (a) of subsection (2) the | 20 |
| court shall order, in accordance with subsections (1) of this | 21 |
| Section, consistent with the health, safety, and best interests | 22 |
| of the minor, the removal because the minor's home cannot | 23 |
| provide the quality of care and level of support and | 24 |
| supervision the minor needs at the time. Removal from the home | 25 |
| is in the minor's and community's best interest for any of the | 26 |
| following reasons: (i) the minor is without the care necessary |
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| for the minor's well-being through no fault or lack of concern | 2 |
| by a parent, guardian, custodian, or other person, (ii) the | 3 |
| minor has no parent, guardian, custodian, or other person able | 4 |
| to return the minor to the court when required, or (iii) for | 5 |
| the protection of the minor. | 6 |
| (a-10) For any minor who does not require secured custody | 7 |
| pursuant to paragraph (a) of subsection (2) and who is | 8 |
| determined to need care away from home in foster care or | 9 |
| shelter care the court, in accordance with paragraph (a) of | 10 |
| subsection (2) of this Section, shall further find that | 11 |
| reasonable efforts have been made or that, consistent with the | 12 |
| health, safety, and best interests of the minor and the | 13 |
| community, no efforts reasonably can be made to prevent or | 14 |
| eliminate the necessity of removal of the minor from his or her | 15 |
| home. The court shall require documentation from the Probation | 16 |
| Department as to the reasonable efforts that were made to | 17 |
| prevent or eliminate the necessity of removal of the minor from | 18 |
| his or her home or the reasons why no efforts reasonably could | 19 |
| be made to prevent or eliminate the necessity of removal. | 20 |
| In making its findings that it is consistent with the | 21 |
| health, safety, and best interests of the minor and the | 22 |
| community to prescribe shelter care, the court shall state in | 23 |
| writing: (i) the factual basis supporting its findings | 24 |
| concerning the immediate and urgent necessity for the | 25 |
| protection of the minor, (ii) the factual basis for the finding | 26 |
| of the minor's and community's best interests, and (iii) the |
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| factual basis supporting its findings that reasonable efforts | 2 |
| were made to prevent or eliminate the removal of the minor from | 3 |
| his or her home or that no efforts reasonably could be made to | 4 |
| prevent or eliminate the removal of the minor from his or her | 5 |
| home. | 6 |
| Once the court determines that the minor requires care away | 7 |
| from home for the protection of the minor and places the minor | 8 |
| in a shelter care facility or foster care, the minor shall not | 9 |
| be returned to the parent, custodian, or guardian until the | 10 |
| court finds that such placement is no longer necessary for the | 11 |
| protection of the minor. | 12 |
| (a-15) If the court determines that the minor requires care | 13 |
| away from home for the protection of the minor and places the | 14 |
| minor in a shelter care facility, there shall be a rebuttable | 15 |
| presumption that such findings comply with the factors outlined | 16 |
| in paragraphs (a-5) and (a-10) of subsection (2).
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| (b) The written authorization of the probation officer or | 18 |
| detention officer
(or other public officer designated by the | 19 |
| court in a county having
3,000,000 or more inhabitants) | 20 |
| constitutes authority for the superintendent of
any juvenile | 21 |
| detention home to detain and keep a minor for up to 40 hours,
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| excluding Saturdays, Sundays and court-designated holidays. | 23 |
| These
records shall be available to the same persons and | 24 |
| pursuant to the same
conditions as are law enforcement records | 25 |
| as provided in Section 5-905.
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| (b-4) The consultation required by subsection (b-5) shall |
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| not be applicable
if the probation officer or detention officer | 2 |
| (or other public officer
designated
by the court in a
county | 3 |
| having 3,000,000 or more inhabitants) utilizes a scorable | 4 |
| detention
screening instrument, which has been developed with | 5 |
| input by the State's
Attorney, to
determine whether a minor | 6 |
| should be detained, however, subsection (b-5) shall
still be | 7 |
| applicable where no such screening instrument is used or where | 8 |
| the
probation officer, detention officer (or other public | 9 |
| officer designated by the
court in a county
having 3,000,000 or | 10 |
| more inhabitants) deviates from the screening instrument.
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| (b-5) Subject to the provisions of subsection (b-4), if a | 12 |
| probation officer
or detention officer
(or other public officer | 13 |
| designated by
the court in a county having 3,000,000 or more | 14 |
| inhabitants) does not intend to
detain a minor for an offense | 15 |
| which constitutes one of the following offenses
he or she shall | 16 |
| consult with the State's Attorney's Office prior to the release
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| of the minor: first degree murder, second degree murder, | 18 |
| involuntary
manslaughter, criminal sexual assault, aggravated | 19 |
| criminal sexual assault,
aggravated battery with a firearm, | 20 |
| aggravated or heinous battery involving
permanent disability | 21 |
| or disfigurement or great bodily harm, robbery, aggravated
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| robbery, armed robbery, vehicular hijacking, aggravated | 23 |
| vehicular hijacking,
vehicular invasion, arson, aggravated | 24 |
| arson, kidnapping, aggravated kidnapping,
home invasion, | 25 |
| burglary, or residential burglary.
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| (c) Except as otherwise provided in paragraph (a), (d), or |
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| (e), no minor
shall
be detained in a county jail or municipal | 2 |
| lockup for more than 12 hours, unless
the offense is a crime of | 3 |
| violence in which case the minor may be detained up
to 24 | 4 |
| hours. For the purpose of this paragraph, "crime of violence" | 5 |
| has the
meaning
ascribed to it in Section 1-10 of the | 6 |
| Alcoholism and Other Drug Abuse and
Dependency Act.
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| (i) The
period of detention is deemed to have begun | 8 |
| once the minor has been placed in a
locked room or cell or | 9 |
| handcuffed to a stationary object in a building housing
a | 10 |
| county jail or municipal lockup. Time spent transporting a | 11 |
| minor is not
considered to be time in detention or secure | 12 |
| custody.
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| (ii) Any minor so
confined shall be under periodic | 14 |
| supervision and shall not be permitted to come
into or | 15 |
| remain in contact with adults in custody in the building.
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| (iii) Upon
placement in secure custody in a jail or | 17 |
| lockup, the
minor shall be informed of the purpose of the | 18 |
| detention, the time it is
expected to last and the fact | 19 |
| that it cannot exceed the time specified under
this Act.
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| (iv) A log shall
be kept which shows the offense which | 21 |
| is the basis for the detention, the
reasons and | 22 |
| circumstances for the decision to detain and the length of | 23 |
| time the
minor was in detention.
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| (v) Violation of the time limit on detention
in a | 25 |
| county jail or municipal lockup shall not, in and of | 26 |
| itself, render
inadmissible evidence obtained as a result |
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| of the violation of this
time limit. Minors under 17 years | 2 |
| of age shall be kept separate from confined
adults and may | 3 |
| not at any time be kept in the same cell, room or yard with
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| adults confined pursuant to criminal law. Persons 17 years | 5 |
| of age and older
who have a petition of delinquency filed | 6 |
| against them may be
confined in an
adult detention | 7 |
| facility.
In making a determination whether to confine a | 8 |
| person 17 years of age or
older
who has a petition of | 9 |
| delinquency filed against the person, these factors,
among | 10 |
| other matters, shall be considered:
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| (A) The age of the person;
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| (B) Any previous delinquent or criminal history of | 13 |
| the person;
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| (C) Any previous abuse or neglect history of the | 15 |
| person; and
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| (D) Any mental health or educational history of the | 17 |
| person, or both.
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| (d) (i) If a minor 12 years of age or older is confined in a | 19 |
| county jail
in a
county with a population below 3,000,000 | 20 |
| inhabitants, then the minor's
confinement shall be implemented | 21 |
| in such a manner that there will be no contact
by sight, sound | 22 |
| or otherwise between the minor and adult prisoners. Minors
12 | 23 |
| years of age or older must be kept separate from confined | 24 |
| adults and may not
at any time
be kept in the same cell, room, | 25 |
| or yard with confined adults. This paragraph
(d)(i) shall only | 26 |
| apply to confinement pending an adjudicatory hearing and
shall |
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| not exceed 40 hours, excluding Saturdays, Sundays and court | 2 |
| designated
holidays. To accept or hold minors during this time | 3 |
| period, county jails shall
comply with all monitoring standards | 4 |
| promulgated by the Department of
Corrections and training | 5 |
| standards approved by the Illinois Law Enforcement
Training | 6 |
| Standards Board.
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| (ii) To accept or hold minors, 12 years of age or older, | 8 |
| after the time
period
prescribed in paragraph (d)(i) of this | 9 |
| subsection (2) of this Section but not
exceeding 7 days | 10 |
| including Saturdays, Sundays and holidays pending an
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| adjudicatory hearing, county jails shall comply with all | 12 |
| temporary detention
standards promulgated by the Department of | 13 |
| Corrections and training standards
approved by the Illinois Law | 14 |
| Enforcement Training Standards Board.
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| (iii) To accept or hold minors 12 years of age or older, | 16 |
| after the time
period prescribed in paragraphs (d)(i) and | 17 |
| (d)(ii) of this subsection (2) of
this
Section, county jails | 18 |
| shall comply with all programmatic and training standards
for | 19 |
| juvenile detention homes promulgated by the Department of | 20 |
| Corrections.
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| (e) When a minor who is at least 15 years of age is | 22 |
| prosecuted under the
criminal laws of this State,
the court may | 23 |
| enter an order directing that the juvenile be confined
in the | 24 |
| county jail. However, any juvenile confined in the county jail | 25 |
| under
this provision shall be separated from adults who are | 26 |
| confined in the county
jail in such a manner that there will be |
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| no contact by sight, sound or
otherwise between the juvenile | 2 |
| and adult prisoners.
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| (f) For purposes of appearing in a physical lineup, the | 4 |
| minor may be taken
to a county jail or municipal lockup under | 5 |
| the direct and constant supervision
of a juvenile police | 6 |
| officer. During such time as is necessary to conduct a
lineup, | 7 |
| and while supervised by a juvenile police officer, the sight | 8 |
| and sound
separation provisions shall not apply.
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| (g) For purposes of processing a minor, the minor may be | 10 |
| taken to a County
Jail or municipal lockup under the direct and | 11 |
| constant supervision of a law
enforcement officer or | 12 |
| correctional officer. During such time as is necessary
to | 13 |
| process the minor, and while supervised by a law enforcement | 14 |
| officer or
correctional officer, the sight and sound separation | 15 |
| provisions shall not
apply.
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| (3) If the probation officer or State's Attorney (or such | 17 |
| other public
officer designated by the court in a county having | 18 |
| 3,000,000 or more
inhabitants) determines that the minor may be | 19 |
| a delinquent minor as described
in subsection (3) of Section | 20 |
| 5-105, and should be retained in custody but does
not require
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| physical restriction, the minor may be placed in non-secure | 22 |
| custody for up to
40 hours pending a detention hearing.
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| (4) Any minor taken into temporary custody, not requiring | 24 |
| secure
detention, may, however, be detained in the home of his | 25 |
| or her parent or
guardian subject to such conditions as the | 26 |
| court may impose.
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| (Source: P.A. 93-255, eff. 1-1-04.)
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| (705 ILCS 405/5-740)
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| Sec. 5-740. Placement; legal custody or guardianship.
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| (1) As to minors adjudged a ward of the court, if the court | 5 |
| finds that the minor's home cannot provide the quality of care | 6 |
| and level of support and supervision the minor needs at the | 7 |
| time and that the removal of the minor from the home is in the | 8 |
| minor's and community's best interest for any of the following | 9 |
| reasons: (i) the minor is without the care necessary for the | 10 |
| minor's well being through no fault or lack of concern by a | 11 |
| parent, guardian, custodian, or other person, or (ii) for the | 12 |
| protection of the minor, the court may: | 13 |
| (a) place him or her in the custody of a suitable | 14 |
| relative or other person; | 15 |
| (b) place him or her under the temporary guardianship | 16 |
| of a probation officer; | 17 |
| (c) commit him or her to an agency for care or | 18 |
| placement, except an institution under the authority of the | 19 |
| Department of Corrections or of the Department of Children | 20 |
| and Family Services; | 21 |
| (d) commit him or her to some licensed training school | 22 |
| or industrial school, or | 23 |
| (e) commit him or her to any appropriate institution | 24 |
| having among its purposes the care of delinquent children, | 25 |
| including a child protective facility maintained by a child |
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| protection district serving the county from which | 2 |
| commitment is made, but not including any institution under | 3 |
| the authority of the Department of Corrections or of the | 4 |
| Department of Children and Family Services. As to any minor | 5 |
| adjudged a ward of the court who is determined to need care | 6 |
| away from home in placement pursuant to subsection (1) | 7 |
| above the court, in accordance with this subsection (1), | 8 |
| shall further find that reasonable efforts have been made | 9 |
| or that, consistent with the health, safety and best | 10 |
| interests of the minor and the community, no efforts | 11 |
| reasonably can be made to prevent or eliminate the | 12 |
| necessity of removal of the minor from his or her home. The | 13 |
| court shall require documentation from the Probation | 14 |
| Department as to the reasonable efforts that were made to | 15 |
| prevent or eliminate the necessity of removal of the minor | 16 |
| from his or her home or the reasons why no efforts | 17 |
| reasonably could be made to prevent or eliminate the | 18 |
| necessity of removal. | 19 |
| In making its findings that it is consistent with the | 20 |
| health, safety and best interests of the minor and the | 21 |
| community to remove the minor from the home the court shall | 22 |
| state in writing the factual basis for the finding of the | 23 |
| minor's and community's best interests, and the factual basis | 24 |
| supporting its findings that reasonable efforts were made to | 25 |
| prevent or eliminate the removal of the minor from his or her | 26 |
| home or that no efforts reasonably could be made to prevent or |
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| eliminate the removal of the minor from his or her home. | 2 |
| If the court finds that the removal of a minor adjudged a | 3 |
| ward of the court from his home is in the best interest of the | 4 |
| minor and community and the court finds that it is for the | 5 |
| protection of the minor, the minor shall not be returned to the | 6 |
| parent, custodian, or guardian until the court finds that such | 7 |
| placement is no longer necessary for the protection of the | 8 |
| minor. If the court finds that the parents, guardian, or legal | 9 |
| custodian of a
minor adjudged a ward of the court are unfit or | 10 |
| are unable, for some reason
other than financial
circumstances | 11 |
| alone, to care for, protect, train or discipline the minor or | 12 |
| are
unwilling to do so, and that appropriate services aimed at | 13 |
| family preservation
and family reunification have been | 14 |
| unsuccessful in rectifying the conditions
which have led to a | 15 |
| finding of unfitness or inability to care for, protect,
train | 16 |
| or discipline the minor, and that it is in the best interest of | 17 |
| the minor
to take him or her from the custody of his or her | 18 |
| parents, guardian or
custodian, the
court
may:
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| (a) place him or her in the custody of a suitable | 20 |
| relative or other
person;
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| (b) place him or her under the guardianship of a | 22 |
| probation officer;
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| (c) commit him or her to an agency for care or | 24 |
| placement, except an
institution
under the authority of the | 25 |
| Department of Corrections or of the Department of
Children | 26 |
| and
Family Services;
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| (d) commit him or her to some licensed training school | 2 |
| or industrial
school; or
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| (e) commit him or her to any appropriate institution | 4 |
| having among its
purposes the
care of delinquent children, | 5 |
| including a child protective facility maintained
by a child | 6 |
| protection district serving the county from which | 7 |
| commitment is
made, but not including any institution under | 8 |
| the authority of the Department
of Corrections or of the | 9 |
| Department of Children and Family Services.
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| (2) When making such placement, the court, wherever | 11 |
| possible, shall select
a person holding the same religious | 12 |
| belief as that of the minor or a private
agency controlled by | 13 |
| persons of like religious faith of the minor and shall
require | 14 |
| the Department of Children and
Family Services to otherwise | 15 |
| comply with Section 7 of the Children and Family
Services Act | 16 |
| in placing the child. In addition, whenever alternative plans | 17 |
| for
placement are available, the court shall ascertain and | 18 |
| consider, to the extent
appropriate in the particular case, the | 19 |
| views and preferences of the minor.
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| (3) When a minor is placed with a suitable relative or | 21 |
| other person, the
court shall appoint him or her the legal | 22 |
| custodian or guardian of the person of
the
minor. When a minor | 23 |
| is committed to any agency, the court shall appoint the
proper | 24 |
| officer or representative of the proper officer as legal | 25 |
| custodian or
guardian of the
person of the minor. Legal | 26 |
| custodians and guardians of the person of the minor
have the |
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| respective rights and duties set forth in subsection (9) of
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| Section 5-105 except as otherwise provided by order of court; | 3 |
| but no guardian
of the person may consent to adoption of the | 4 |
| minor. An agency whose
representative is appointed guardian of | 5 |
| the person or legal custodian of the
minor may place him or her | 6 |
| in any child care facility, but the facility must be
licensed | 7 |
| under the Child Care Act of 1969 or have been approved by the
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| Department of Children and Family Services as meeting the | 9 |
| standards established
for such licensing. Like authority and | 10 |
| restrictions shall be conferred by the
court upon any probation | 11 |
| officer who has been appointed guardian of the person
of a | 12 |
| minor.
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| (4) No placement by any probation officer or agency whose | 14 |
| representative
is
appointed guardian of the person or legal | 15 |
| custodian of a minor may be made in
any out of State
child care | 16 |
| facility unless it complies with the Interstate Compact on the
| 17 |
| Placement of Children.
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| (5) The clerk of the court shall issue to the guardian or | 19 |
| legal custodian
of the person a certified copy of the order of | 20 |
| court, as proof of his or her
authority. No other process is | 21 |
| necessary as authority for the keeping of the
minor.
| 22 |
| (6) Legal custody or guardianship granted under this | 23 |
| Section continues
until the court otherwise directs, but not | 24 |
| after the minor reaches the age of
21 years except as set forth | 25 |
| in Section 5-750.
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| (7) Whenever a minor is removed from home and placed in |
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| foster care or other residential placement and the county will | 2 |
| be responsible for the costs of such placement under Section | 3 |
| 6-7 of this Act, then the Court shall order that the Probation | 4 |
| Department shall be responsible for the child's placement, | 5 |
| care, and control until such time as the Court finds that such | 6 |
| placement is no longer required. | 7 |
| (Source: P.A. 90-590, eff. 1-1-99.)".
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