HB3003 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3003

 

Introduced 2/23/2011, by Rep. Michael J. Zalewski

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/2-13  from Ch. 37, par. 802-13

    Amends the Juvenile Court Act of 1987. Deletes language authorizing the filing of a petition under the Act by any adult person, by any agency or association by its representative, or by the State's Attorney at the direction of the court on its own motion, consistent with the health, safety, and best interests of the minor. Provides that the State's Attorney may file a petition alleging that a minor is abused, neglected, or dependent.


LRB097 08538 RLC 48665 b

 

 

A BILL FOR

 

HB3003LRB097 08538 RLC 48665 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Section 2-13 as follows:
 
6    (705 ILCS 405/2-13)  (from Ch. 37, par. 802-13)
7    Sec. 2-13. Petition.
8    (1) Consistent Any adult person, any agency or association
9by its representative may file, or the court on its own motion,
10consistent with the health, safety, and best interests of the
11minor, the State's Attorney may file a petition alleging that a
12minor is abused, neglected, or dependent, or any other petition
13with may direct the filing through the State's Attorney of a
14petition in respect to of a minor under this Act. The petition
15and all subsequent court documents shall be entitled "In the
16interest of ...., a minor".
17    (2) The petition shall be verified but the statements may
18be made upon information and belief. It shall allege that the
19minor is abused, neglected, or dependent, with citations to the
20appropriate provisions of this Act, and set forth (a) facts
21sufficient to bring the minor under Section 2-3 or 2-4 and to
22inform respondents of the cause of action, including, but not
23limited to, a plain and concise statement of the factual

 

 

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1allegations that form the basis for the filing of the petition;
2(b) the name, age and residence of the minor; (c) the names and
3residences of his parents; (d) the name and residence of his
4legal guardian or the person or persons having custody or
5control of the minor, or of the nearest known relative if no
6parent or guardian can be found; and (e) if the minor upon
7whose behalf the petition is brought is sheltered in custody,
8the date on which such temporary custody was ordered by the
9court or the date set for a temporary custody hearing. If any
10of the facts herein required are not known by the petitioner,
11the petition shall so state.
12    (3) The petition must allege that it is in the best
13interests of the minor and of the public that he be adjudged a
14ward of the court and may pray generally for relief available
15under this Act. The petition need not specify any proposed
16disposition following adjudication of wardship. The petition
17may request that the minor remain in the custody of the parent,
18guardian, or custodian under an Order of Protection.
19    (4) If termination of parental rights and appointment of a
20guardian of the person with power to consent to adoption of the
21minor under Section 2-29 is sought, the petition shall so
22state. If the petition includes this request, the prayer for
23relief shall clearly and obviously state that the parents could
24permanently lose their rights as a parent at this hearing.
25    In addition to the foregoing, the petitioner, by motion,
26may request the termination of parental rights and appointment

 

 

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1of a guardian of the person with power to consent to adoption
2of the minor under Section 2-29 at any time after the entry of
3a dispositional order under Section 2-22.
4    (4.5) (a) With respect to any minors committed to its care
5pursuant to this Act, the Department of Children and Family
6Services shall request the State's Attorney to file a petition
7or motion for termination of parental rights and appointment of
8guardian of the person with power to consent to adoption of the
9minor under Section 2-29 if:
10        (i) a minor has been in foster care, as described in
11    subsection (b), for 15 months of the most recent 22 months;
12    or
13        (ii) a minor under the age of 2 years has been
14    previously determined to be abandoned at an adjudicatory
15    hearing; or
16        (iii) the parent is criminally convicted of (A) first
17    degree murder or second degree murder of any child, (B)
18    attempt or conspiracy to commit first degree murder or
19    second degree murder of any child, (C) solicitation to
20    commit murder of any child, solicitation to commit murder
21    for hire of any child, or solicitation to commit second
22    degree murder of any child, (D) aggravated battery,
23    aggravated battery of a child, or felony domestic battery,
24    any of which has resulted in serious injury to the minor or
25    a sibling of the minor, (E) aggravated criminal sexual
26    assault in violation of subdivision (b)(1) of Section 12-14

 

 

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1    of the Criminal Code of 1961, or (F) an offense in any
2    other state the elements of which are similar and bear a
3    substantial relationship to any of the foregoing offenses
4unless:
5        (i) the child is being cared for by a relative,
6        (ii) the Department has documented in the case plan a
7    compelling reason for determining that filing such
8    petition would not be in the best interests of the child,
9        (iii) the court has found within the preceding 12
10    months that the Department has failed to make reasonable
11    efforts to reunify the child and family, or
12        (iv) paragraph (c) of this subsection (4.5) provides
13    otherwise.
14    (b) For purposes of this subsection, the date of entering
15foster care is defined as the earlier of:
16        (1) The date of a judicial finding at an adjudicatory
17    hearing that the child is an abused, neglected, or
18    dependent minor; or
19        (2) 60 days after the date on which the child is
20    removed from his or her parent, guardian, or legal
21    custodian.
22    (c) With respect to paragraph (a)(i), the following
23transition rules shall apply:
24        (1) If the child entered foster care after November 19,
25    1997 and this amendatory Act of 1998 takes effect before
26    the child has been in foster care for 15 months of the

 

 

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1    preceding 22 months, then the Department shall comply with
2    the requirements of paragraph (a) of this subsection (4.5)
3    for that child as soon as the child has been in foster care
4    for 15 of the preceding 22 months.
5        (2) If the child entered foster care after November 19,
6    1997 and this amendatory Act of 1998 takes effect after the
7    child has been in foster care for 15 of the preceding 22
8    months, then the Department shall comply with the
9    requirements of paragraph (a) of this subsection (4.5) for
10    that child within 3 months after the end of the next
11    regular session of the General Assembly.
12        (3) If the child entered foster care prior to November
13    19, 1997, then the Department shall comply with the
14    requirements of paragraph (a) of this subsection (4.5) for
15    that child in accordance with Department policy or rule.
16    (d) If the State's Attorney determines that the
17Department's request for filing of a petition or motion
18conforms to the requirements set forth in subdivisions (a),
19(b), and (c) of this subsection (4.5), then the State's
20Attorney shall file the petition or motion as requested.
21    (5) The court shall liberally allow the petitioner to amend
22the petition to set forth a cause of action or to add, amend,
23or supplement factual allegations that form the basis for a
24cause of action up until 14 days before the adjudicatory
25hearing. The petitioner may amend the petition after that date
26and prior to the adjudicatory hearing if the court grants leave

 

 

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1to amend upon a showing of good cause. The court may allow
2amendment of the petition to conform with the evidence at any
3time prior to ruling. In all cases in which the court has
4granted leave to amend based on new evidence or new
5allegations, the court shall permit the respondent an adequate
6opportunity to prepare a defense to the amended petition.
7    (6) At any time before dismissal of the petition or before
8final closing and discharge under Section 2-31, one or more
9motions in the best interests of the minor may be filed. The
10motion shall specify sufficient facts in support of the relief
11requested.
12(Source: P.A. 95-405, eff. 6-1-08.)