Full Text of HB3005 97th General Assembly
HB3005ham004 97TH GENERAL ASSEMBLY | Rep. Michael J. Zalewski Filed: 4/11/2011
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| 1 | | AMENDMENT TO HOUSE BILL 3005
| 2 | | AMENDMENT NO. ______. Amend House Bill 3005, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Juvenile Court Act of 1987 is amended by | 6 | | changing Sections 1-3 and 6-9 as follows:
| 7 | | (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
| 8 | | Sec. 1-3. Definitions. Terms used in this Act, unless the | 9 | | context
otherwise requires, have the following meanings | 10 | | ascribed to them:
| 11 | | (1) "Adjudicatory hearing" means a hearing to
determine | 12 | | whether the allegations of a petition under Section 2-13, 3-15 | 13 | | or
4-12 that a minor under 18 years of age is abused, neglected | 14 | | or dependent, or
requires authoritative intervention, or | 15 | | addicted, respectively, are supported
by a preponderance of the | 16 | | evidence or whether the allegations of a petition
under Section |
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| 1 | | 5-520 that a minor is delinquent are proved beyond a reasonable
| 2 | | doubt.
| 3 | | (2) "Adult" means a person 21 years of age or older.
| 4 | | (3) "Agency" means a public or private child care facility
| 5 | | legally authorized or licensed by this State for placement or | 6 | | institutional
care or for both placement and institutional | 7 | | care.
| 8 | | (4) "Association" means any organization, public or
| 9 | | private, engaged in welfare functions which include services to | 10 | | or on behalf of
children but does not include "agency" as | 11 | | herein defined.
| 12 | | (4.05) Whenever a "best interest" determination is
| 13 | | required, the following factors shall be considered in the | 14 | | context of the
child's age and developmental needs:
| 15 | | (a) the physical safety and welfare of the child, | 16 | | including food, shelter,
health, and clothing;
| 17 | | (b) the development of the child's identity;
| 18 | | (c) the child's background and ties, including | 19 | | familial,
cultural, and religious;
| 20 | | (d) the child's sense of attachments, including:
| 21 | | (i) where the child actually feels love, | 22 | | attachment, and a sense of
being valued (as opposed to | 23 | | where adults believe the child should
feel such love, | 24 | | attachment, and a sense of being valued);
| 25 | | (ii) the child's sense of security;
| 26 | | (iii) the child's sense of familiarity;
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| 1 | | (iv) continuity of affection for the child;
| 2 | | (v) the least disruptive placement alternative for | 3 | | the child;
| 4 | | (e) the child's wishes and long-term goals;
| 5 | | (f) the child's community ties, including church, | 6 | | school, and friends;
| 7 | | (g) the child's need for permanence which includes the | 8 | | child's need for
stability and continuity of relationships | 9 | | with parent figures and with siblings
and other relatives;
| 10 | | (h) the uniqueness of every family and child;
| 11 | | (i) the risks attendant to entering and being in | 12 | | substitute care; and
| 13 | | (j) the preferences of the persons available to care | 14 | | for the child.
| 15 | | (4.1) "Chronic truant" shall have the definition
ascribed | 16 | | to it in Section 26-2a of the School Code.
| 17 | | (5) "Court" means the circuit court in a session or | 18 | | division
assigned to hear proceedings under this Act.
| 19 | | (6) "Dispositional hearing" means a hearing to
determine | 20 | | whether a minor should be adjudged to be a ward of the court, | 21 | | and to
determine what order of disposition should be made in | 22 | | respect to a minor
adjudged to be a ward of the court.
| 23 | | (7) "Emancipated minor" means any minor 16 years of age or | 24 | | over who has
been completely or partially emancipated under the | 25 | | Emancipation of
Minors Act or
under this Act.
| 26 | | (8) "Guardianship of the person" of a minor
means the duty |
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| 1 | | and authority to act in the best interests of the minor, | 2 | | subject
to residual parental rights and responsibilities, to | 3 | | make important decisions
in matters having a permanent effect | 4 | | on the life and development of the minor
and to be concerned | 5 | | with his or her general welfare. It includes but is not
| 6 | | necessarily limited to:
| 7 | | (a) the authority to consent to marriage, to enlistment | 8 | | in the armed
forces of the United States, or to a major | 9 | | medical, psychiatric, and
surgical treatment; to represent | 10 | | the minor in legal actions; and to make
other decisions of | 11 | | substantial legal significance concerning the minor;
| 12 | | (b) the authority and duty of reasonable visitation, | 13 | | except to the
extent that these have been limited in the | 14 | | best interests of the minor by
court order;
| 15 | | (c) the rights and responsibilities of legal custody | 16 | | except where legal
custody has been vested in another | 17 | | person or agency; and
| 18 | | (d) the power to consent to the adoption of the minor, | 19 | | but only if
expressly conferred on the guardian in | 20 | | accordance with Section 2-29, 3-30, or
4-27.
| 21 | | (9) "Legal custody" means the relationship created by an
| 22 | | order of court in the best interests of the minor which imposes | 23 | | on the
custodian the responsibility of physical possession of a | 24 | | minor and the duty to
protect, train and discipline him and to | 25 | | provide him with food, shelter,
education and ordinary medical | 26 | | care, except as these are limited by residual
parental rights |
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| 1 | | and responsibilities and the rights and responsibilities of the
| 2 | | guardian of the person, if any.
| 3 | | (9.1) "Mentally capable adult relative" means a person 21 | 4 | | years of age or older who is not suffering from a mental | 5 | | illness that prevents him or her from providing the care | 6 | | necessary to safeguard the physical safety and welfare of a | 7 | | minor who is left in that person's care by the parent or | 8 | | parents or other person responsible for the minor's welfare. | 9 | | (10) "Minor" means a person under the age of 21 years | 10 | | subject to
this Act.
| 11 | | (11) "Parent" means the father or mother of a child and
| 12 | | includes any adoptive parent. It also includes a man (i)
whose | 13 | | paternity
is presumed or has been established under the law of | 14 | | this or another
jurisdiction or (ii) who has registered with | 15 | | the Putative Father Registry in
accordance with Section 12.1 of | 16 | | the Adoption Act and whose paternity has not
been ruled out | 17 | | under the law of this or another jurisdiction. It does not
| 18 | | include a
parent whose rights in respect to the
minor have been | 19 | | terminated in any manner provided by law or a person who has | 20 | | been or could be determined to be a parent under the Illinois | 21 | | Parentage Act of 1984, or similar parentage law in any other | 22 | | state, who has: | 23 | | (a) been convicted or pled nolo contendere to any crime | 24 | | that resulted in the conception of the child, including, | 25 | | but not limited to, Sections 11-11, 12-13, 12-14, 12-14.1, | 26 | | and 12-16 and subsections (a) and (b) (but not subsection |
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| 1 | | (c)) of Section 12-15 of the Criminal Code of 1961 or a | 2 | | similar statute in another jurisdiction; or | 3 | | (b) is currently charged with any of the offenses | 4 | | listed in subsection (a) of this item (11) or similar | 5 | | offenses in Illinois or another jurisdiction and
the court | 6 | | finds, by clear and convincing evidence, that the acts
| 7 | | occurred and those acts resulted in the conception of the | 8 | | child .
| 9 | | (11.1) "Permanency goal" means a goal set by the court as | 10 | | defined in
subdivision (2) of Section 2-28.
| 11 | | (11.2) "Permanency hearing" means a hearing to set the | 12 | | permanency goal and
to review and determine (i) the | 13 | | appropriateness of the services contained in
the plan and | 14 | | whether those services have been provided, (ii) whether | 15 | | reasonable
efforts have been made by all the parties to the | 16 | | service plan to achieve the
goal, and (iii) whether the plan | 17 | | and goal have been achieved.
| 18 | | (12) "Petition" means the petition provided for in Section
| 19 | | 2-13, 3-15, 4-12 or 5-520, including any supplemental petitions | 20 | | thereunder
in Section 3-15, 4-12 or 5-520.
| 21 | | (12.1) "Physically capable adult relative" means a person | 22 | | 21 years of age or older who does not have a severe physical | 23 | | disability or medical condition, or is not suffering from | 24 | | alcoholism or drug addiction, that prevents him or her from | 25 | | providing the care necessary to safeguard the physical safety | 26 | | and welfare of a minor who is left in that person's care by the |
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| 1 | | parent or parents or other person responsible for the minor's | 2 | | welfare. | 3 | | (13) "Residual parental
rights and responsibilities" means | 4 | | those rights and responsibilities remaining
with the parent | 5 | | after the transfer of legal custody or guardianship of the
| 6 | | person, including, but not necessarily limited to, the right to | 7 | | reasonable
visitation (which may be limited by the court in the | 8 | | best interests of the
minor as provided in subsection (8)(b) of | 9 | | this Section), the right to consent
to adoption, the right to | 10 | | determine the minor's religious affiliation, and the
| 11 | | responsibility for his support.
| 12 | | (14) "Shelter" means the temporary care of a minor in
| 13 | | physically unrestricting facilities pending court disposition | 14 | | or execution of
court order for placement.
| 15 | | (15) "Station adjustment" means the informal
handling of an | 16 | | alleged offender by a juvenile police officer.
| 17 | | (16) "Ward of the court" means a minor who is so
adjudged | 18 | | under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
| 19 | | requisite jurisdictional facts, and thus is subject to the | 20 | | dispositional powers
of the court under this Act.
| 21 | | (17) "Juvenile police officer" means a sworn
police officer | 22 | | who has completed a Basic Recruit Training Course, has been
| 23 | | assigned to the position of juvenile police officer by his or | 24 | | her chief law
enforcement officer and has completed the | 25 | | necessary juvenile officers training
as prescribed by the | 26 | | Illinois Law Enforcement Training Standards Board, or in
the |
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| 1 | | case of a State police officer, juvenile officer
training | 2 | | approved by the Director of the Department of State Police.
| 3 | | (18) "Secure child care facility" means any child care | 4 | | facility licensed
by the Department of Children and Family | 5 | | Services to provide secure living
arrangements for children | 6 | | under 18 years of age who are subject to placement in
| 7 | | facilities under the Children and Family Services Act and who | 8 | | are not subject
to placement in facilities for whom standards | 9 | | are established by the Department
of Corrections under Section | 10 | | 3-15-2 of the Unified Code of Corrections.
"Secure child care | 11 | | facility" also means a
facility that is designed and operated | 12 | | to ensure that all entrances and
exits
from the facility, a | 13 | | building, or a distinct part of the building are under the
| 14 | | exclusive control of the staff of the facility, whether or not | 15 | | the child has
the freedom of movement within the perimeter of | 16 | | the facility, building, or
distinct part of the building.
| 17 | | (Source: P.A. 95-331, eff. 8-21-07; 96-168, eff. 8-10-09.)
| 18 | | (705 ILCS 405/6-9) (from Ch. 37, par. 806-9)
| 19 | | Sec. 6-9. Enforcement of liability of parents and others.
| 20 | | (1) If parentage is at issue in any proceeding under this | 21 | | Act, other than cases involving those exceptions to the | 22 | | definition of parent set out in item (11) in Section 1-3, then | 23 | | the
Illinois Parentage Act of 1984 shall apply and the court | 24 | | shall enter orders
consistent with that Act. If it appears at | 25 | | any hearing that a parent or
any other person named in the |
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| 1 | | petition, liable under the law for the
support of the minor, is | 2 | | able to contribute to his or her support, the court
shall enter | 3 | | an order requiring that parent or other person to pay the clerk | 4 | | of
the court, or to the guardian or custodian appointed under | 5 | | Sections 2-27,
3-28, 4-25 or 5-740, a reasonable sum from time | 6 | | to time for the care,
support and necessary special care or | 7 | | treatment, of the minor.
If the court
determines at any hearing | 8 | | that a parent or any other person named in the
petition, liable | 9 | | under the law for the support of the minor, is able to
| 10 | | contribute to help defray the costs associated with the minor's | 11 | | detention in a
county or regional detention center, the court | 12 | | shall enter an order requiring
that parent or other person to | 13 | | pay the clerk of the court a reasonable sum for
the care and | 14 | | support of the minor.
The court
may require reasonable security | 15 | | for the payments. Upon failure to pay, the
court may enforce | 16 | | obedience to the order by a proceeding as for contempt of
| 17 | | court.
| 18 | | If it appears that the person liable for the support of the | 19 | | minor is
able to contribute to legal fees for representation of | 20 | | the minor, the court
shall enter an order requiring that person | 21 | | to pay a reasonable sum for the
representation, to the attorney | 22 | | providing the representation or to the
clerk of the court for | 23 | | deposit in the appropriate account or fund. The sum
may be paid | 24 | | as the court directs, and the payment thereof secured and
| 25 | | enforced as provided in this Section for support.
| 26 | | If it appears at the detention or shelter care hearing of a |
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| 1 | | minor before
the court under Section 5-501 that a parent or any | 2 | | other person
liable for
support of the minor is able to | 3 | | contribute to his or her support, that parent
or other person | 4 | | shall be required to pay a fee for room and board at a rate not
| 5 | | to exceed $10 per day established, with the concurrence of the | 6 | | chief judge of
the judicial circuit, by the county board of the | 7 | | county in which the minor is
detained unless the court | 8 | | determines that it is in the best interest and
welfare of the | 9 | | minor to waive the fee. The concurrence of the chief judge
| 10 | | shall be in the form of an administrative order. Each week, on | 11 | | a day
designated by the clerk of the circuit court, that parent | 12 | | or other person shall
pay the clerk for the minor's room and | 13 | | board. All fees for room and board
collected by the circuit | 14 | | court clerk shall be disbursed into the separate
county fund | 15 | | under Section 6-7.
| 16 | | Upon application, the court shall waive liability for | 17 | | support or legal fees
under this Section if the parent or other | 18 | | person establishes that he or she is
indigent and unable to pay | 19 | | the incurred liability, and the court may reduce or
waive | 20 | | liability if the parent or other person establishes | 21 | | circumstances showing
that full payment of support or legal | 22 | | fees would result in financial hardship
to the person or his or | 23 | | her family.
| 24 | | (2) When a person so ordered to pay for the care and | 25 | | support of a minor
is employed for wages, salary or commission, | 26 | | the court may order him to
make the support payments for which |
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| 1 | | he is liable under this Act out of his
wages, salary or | 2 | | commission and to assign so much thereof as will pay the
| 3 | | support. The court may also order him to make discovery to the | 4 | | court as to
his place of employment and the amounts earned by | 5 | | him. Upon his failure to
obey the orders of court he may be | 6 | | punished as for contempt of court.
| 7 | | (3) If the minor is a recipient of public aid under the | 8 | | Illinois Public
Aid Code, the court shall order that payments | 9 | | made by a parent or through
assignment of his wages, salary or | 10 | | commission be made directly to (a) the
Department of Healthcare | 11 | | and Family Services if the minor is a recipient of aid under
| 12 | | Article V of the Code, (b) the Department of Human Services if | 13 | | the
minor is a recipient of aid under Article IV of the Code, | 14 | | or (c)
the local governmental unit
responsible for the support | 15 | | of the minor if he is a recipient under
Articles VI or VII of | 16 | | the Code. The order shall permit the
Department of Healthcare | 17 | | and Family Services, the Department of Human Services, or the | 18 | | local
governmental unit, as the case may
be, to direct that | 19 | | subsequent payments be made directly to the guardian or
| 20 | | custodian of the minor, or to some other person or agency in | 21 | | the minor's
behalf, upon removal of the minor from the public | 22 | | aid rolls; and upon such
direction and removal of the minor | 23 | | from the public aid rolls, the
Department of Healthcare and | 24 | | Family Services, Department of Human Services, or local
| 25 | | governmental unit, as the case requires, shall give
written | 26 | | notice of such action to the court. Payments received by the
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| 1 | | Department of Healthcare and Family Services, Department of | 2 | | Human Services, or local
governmental unit are to be
covered, | 3 | | respectively, into the General Revenue Fund of the State | 4 | | Treasury
or General Assistance Fund of the governmental unit, | 5 | | as provided in Section
10-19 of the Illinois Public Aid Code.
| 6 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 7 | | Section 10. The Illinois Parentage Act of 1984 is amended | 8 | | by changing Section 6.5 as follows: | 9 | | (750 ILCS 45/6.5) | 10 | | Sec. 6.5. Custody or visitation by sex offender prohibited.
| 11 | | A person found to be the father of a child under this Act, and | 12 | | who has : | 13 | | (1) been convicted of or who has pled guilty or nolo | 14 | | contendre to a violation of Section 11-11 (sexual relations | 15 | | within families), Section 12-13 (criminal sexual assault), | 16 | | Section 12-14 (aggravated criminal sexual assault), | 17 | | Section 12-14.1 (predatory criminal sexual assault of a | 18 | | child), Section 12-15 (criminal sexual abuse), or Section | 19 | | 12-16 (aggravated criminal sexual abuse) of the Criminal | 20 | | Code of 1961 or a similar statute in Illinois or another | 21 | | jurisdiction for his conduct in fathering that child, or | 22 | | (2) is currently charged with any offense listed in | 23 | | item (1) or similar offense in Illinois or another | 24 | | jurisdiction and the court finds by clear and convincing |
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| 1 | | evidence that the acts occurred and those acts resulted in | 2 | | the conception of that child, | 3 | | shall not be entitled to custody of or visitation with that | 4 | | child without the consent of the mother or guardian, unless the | 5 | | guardian of the child is other than the father of the child , | 6 | | and the father of the child who has been convicted of or pled | 7 | | guilty or nolo contendre to one of the offenses listed in this | 8 | | Section, or, in cases where the mother is a minor, the guardian | 9 | | of the mother of the child , unless the guardian of the mother | 10 | | is the father of the child, and the father of the child has | 11 | | been convicted or pled guilty or nolo contendre to one of the | 12 | | offenses listed in this Section . Notwithstanding any other | 13 | | provision of this Act, nothing in this Section shall be | 14 | | construed to relieve the father of any support and maintenance | 15 | | obligations to the child under this Act.
| 16 | | (Source: P.A. 94-928, eff. 6-26-06.)
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.".
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