Full Text of HB2659 98th General Assembly
HB2659 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB2659 Introduced 2/21/2013, by Rep. William Davis SYNOPSIS AS INTRODUCED: |
| 705 ILCS 405/1-4 | from Ch. 37, par. 801-4 | 705 ILCS 405/1-5 | from Ch. 37, par. 801-5 | 705 ILCS 405/2-23 | from Ch. 37, par. 802-23 | 705 ILCS 405/2-28 | from Ch. 37, par. 802-28 |
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Amends the Juvenile Court Act of 1987. Provides that the Act is not intended to encompass any matters that are within the scope of or determinable under the administrative and appeal process established by rules of the Department of Children and Family Services, nor is it intended to preclude, preempt or restrict the authority of the Department of Children and Family Services with regard to placement of minors for whom Department of Children and Family Services has legal responsibilities. Provides that any previously appointed foster parent or relative caregiver who has a pending administrative appeal concerning a removal of the minor from his or her care, or who has prevailed in the appeal, has the right to be heard and shall be given adequate notice at all stages of any hearing or proceeding under the Act that involves either removal of a minor from his or her care or return of a minor to his or her care. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning courts.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Juvenile Court Act of 1987 is amended by | 5 | | changing Sections 1-4, 1-5, 2-23, and 2-28 as follows:
| 6 | | (705 ILCS 405/1-4) (from Ch. 37, par. 801-4)
| 7 | | Sec. 1-4. Limitations of scope of Act.
Nothing in this Act | 8 | | shall be construed to give: (a) any guardian appointed
| 9 | | hereunder the guardianship of the estate of the minor or to | 10 | | change the age
of minority for any purpose other than those | 11 | | expressly stated in this Act;
or (b) any court jurisdiction, | 12 | | except as provided in Sections 2-7, 3-6, 3-9,
4-6 and 5-410, | 13 | | over any minor solely on the basis of the minor's
(i) | 14 | | misbehavior
which does not violate any federal or state law or | 15 | | municipal ordinance,
(ii) refusal to obey the orders or | 16 | | directions of a parent, guardian or
custodian, (iii) absence | 17 | | from home without the
consent of his or her parent, guardian or | 18 | | custodian, or (iv) truancy, until
efforts and procedures to | 19 | | address and resolve such actions by a law enforcement
officer | 20 | | during a period of limited custody, by crisis intervention | 21 | | services
under Section 3-5, and by alternative voluntary | 22 | | residential placement
or other disposition as provided by | 23 | | Section 3-6 have been exhausted without
correcting such |
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| 1 | | actions.
| 2 | | This Act is not intended to encompass any matters that are | 3 | | within the scope of or determinable under the administrative | 4 | | and appeal process established by rules of the Department of | 5 | | Children and Family Services under subsection (o) of Section 5 | 6 | | of the Children and Family Services Act, nor is it intended to | 7 | | preclude, preempt or restrict the authority of the Department | 8 | | of Children and Family Services with regard to placement of | 9 | | minors for whom the Department of Children and Family Services | 10 | | has legal responsibilities. The court shall give preclusive | 11 | | effect to any final administrative decision of the Director of | 12 | | the Department of Children and Family Services as to the | 13 | | placement of a minor and shall not assume jurisdiction of any | 14 | | placement issue within the discretion of the Department of | 15 | | Children and Family Services or that is subject to review under | 16 | | the Administrative Review Act, unless it is shown by the | 17 | | preponderance of the evidence that there has been a material | 18 | | change in circumstances since the time that the final | 19 | | administrative decision was rendered and the material change in | 20 | | circumstances is one that presents an imminent risk of serious | 21 | | harm to the minor's health or safety. | 22 | | (Source: P.A. 91-357, eff. 7-29-99.)
| 23 | | (705 ILCS 405/1-5) (from Ch. 37, par. 801-5)
| 24 | | Sec. 1-5. Rights of parties to proceedings.
| 25 | | (1) Except as provided in this Section and paragraph (2) of |
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| 1 | | Sections
2-22, 3-23, 4-20, 5-610 or 5-705, the minor who is the | 2 | | subject of the
proceeding
and his parents, guardian, legal | 3 | | custodian or responsible relative who are
parties respondent | 4 | | have the right to be present, to be heard, to present
evidence | 5 | | material to the proceedings, to cross-examine witnesses, to
| 6 | | examine pertinent court files and records and also, although | 7 | | proceedings
under this Act are not intended to be adversary in | 8 | | character, the right to
be represented by counsel. At the | 9 | | request of any party financially unable
to employ counsel, with | 10 | | the exception of a foster parent permitted to
intervene under | 11 | | this Section, the court shall appoint the Public Defender or
| 12 | | such other counsel as the case may require.
Counsel appointed | 13 | | for the minor and any indigent party shall appear at all
stages | 14 | | of the trial court proceeding, and such appointment shall | 15 | | continue
through the permanency hearings and
termination of | 16 | | parental rights proceedings subject to withdrawal or
| 17 | | substitution pursuant to Supreme Court Rules or the Code of | 18 | | Civil Procedure.
Following the dispositional hearing, the | 19 | | court may require appointed counsel,
other than counsel for the | 20 | | minor or counsel for the guardian ad litem,
to withdraw his or | 21 | | her appearance upon failure of the party for whom counsel
was | 22 | | appointed under this Section to attend any subsequent | 23 | | proceedings.
| 24 | | No hearing on any petition or motion filed under this Act | 25 | | may be
commenced unless
the minor who is the subject of the | 26 | | proceeding is represented by counsel.
Notwithstanding the |
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| 1 | | preceding sentence, if a guardian ad litem has been
appointed | 2 | | for the minor under Section 2-17 of this
Act and the guardian | 3 | | ad litem is a licensed attorney at law of this State, or
in the | 4 | | event that a court appointed special advocate has been | 5 | | appointed as
guardian ad litem and counsel has been appointed | 6 | | to represent the court
appointed special advocate, the
court | 7 | | may not require the appointment of counsel to represent the
| 8 | | minor unless the court finds that the minor's interests are in | 9 | | conflict with
what the guardian ad litem determines to be in | 10 | | the best interest of the
minor. Each
adult respondent shall be | 11 | | furnished a written "Notice of Rights" at
or before the first | 12 | | hearing at which he or she appears.
| 13 | | (1.5) The Department shall maintain
a system of response to | 14 | | inquiry made by parents or putative
parents as to whether their | 15 | | child is under the custody or guardianship of the
Department; | 16 | | and if so, the Department shall direct the parents or putative
| 17 | | parents to the appropriate court of jurisdiction, including | 18 | | where inquiry may
be made of the clerk of the court regarding | 19 | | the case number and the next
scheduled court date of the | 20 | | minor's case.
Effective notice and the means of accessing | 21 | | information shall be given to the
public on a continuing basis
| 22 | | by the
Department.
| 23 | | (2) (a) Though not appointed guardian or legal custodian or | 24 | | otherwise made
a party to the proceeding, any current or | 25 | | previously appointed foster parent
or relative caregiver, or | 26 | | representative of an agency or association
interested in the |
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| 1 | | minor has
the right to be heard by the court, but does not | 2 | | thereby become a party
to the proceeding.
| 3 | | Notwithstanding In addition to the foregoing right to be | 4 | | heard by the court, any current
foster parent or relative | 5 | | caregiver of a minor and the agency designated
by the court or | 6 | | the
Department of Children and Family Services as custodian of | 7 | | the minor who
is alleged to be or has been adjudicated an | 8 | | abused or neglected minor under
Section 2-3 or a
dependent | 9 | | minor under Section 2-4 of this Act has the right to and shall | 10 | | be
given adequate notice at all stages of any hearing or | 11 | | proceeding under this
Act. In addition, any previously | 12 | | appointed foster parent or relative caregiver who has a pending | 13 | | administrative appeal concerning a removal of the minor from | 14 | | his or her care, or who has prevailed in the appeal, has the | 15 | | right to be heard and shall be given adequate notice at all | 16 | | stages of any hearing or proceeding under this Act that | 17 | | involves either removal of a minor from his or her care or | 18 | | return of a minor to his or her care.
| 19 | | Any current or previously appointed foster parent or | 20 | | relative caregiver who is denied his or her
right to be heard | 21 | | under this
Section may bring a mandamus action under Article | 22 | | XIV of the Code of Civil
Procedure against the court or any | 23 | | public agency to enforce that right. The
mandamus action may be | 24 | | brought immediately upon the denial of those rights but
in no | 25 | | event later than 30 days after the foster parent or relative | 26 | | caregiver has been denied the
right to be heard.
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| 1 | | (b) If after an adjudication that a minor is abused or | 2 | | neglected as provided
under Section 2-21 of this Act and a | 3 | | motion has been
made to restore the
minor to any parent, | 4 | | guardian, or legal custodian found by the court to have
caused | 5 | | the neglect or to have inflicted the abuse on the minor, a | 6 | | foster parent or relative caregiver
may file a motion to | 7 | | intervene in the proceeding for
the sole purpose of
requesting | 8 | | that the minor be placed with the foster parent or relative | 9 | | caregiver , provided that the
foster parent or relative | 10 | | caregiver (i) is the current foster parent or relative | 11 | | caregiver of the minor or (ii) has
previously been a foster | 12 | | parent or relative caregiver for the minor for one year or | 13 | | more, has a
foster care license or is eligible for a license or | 14 | | is not required to have a license , and is not the subject of | 15 | | any
findings of abuse or neglect of any child. The juvenile | 16 | | court may only enter
orders placing a minor with a specific | 17 | | foster parent or relative caregiver under this subsection
| 18 | | (2)(b) and nothing in this Section shall be construed to confer | 19 | | any
jurisdiction or authority on the juvenile court to issue | 20 | | any other orders
requiring the appointed guardian or custodian | 21 | | of a minor to place the minor in
a designated foster home , | 22 | | relative caregiver home, or facility , or prevent the placement . | 23 | | This Section is not intended to
encompass any matters that are | 24 | | within the
scope or determinable under the administrative and | 25 | | appeal process established
by rules of the Department of | 26 | | Children and Family Services under Section
5(o) of the Children |
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| 1 | | and Family Services Act. Nothing in this Section shall
relieve | 2 | | the court of its responsibility, under Section 2-14(a) of
this | 3 | | Act to act in a just and speedy manner to reunify families | 4 | | where it is
the best interests of the minor and the child can | 5 | | be cared for at home
without endangering the child's health or | 6 | | safety and, if reunification is not
in the best
interests of | 7 | | the minor, to find another permanent home for the minor. | 8 | | Nothing
in this Section, or in any order issued by the court | 9 | | with respect to the
placement of a minor with a foster parent | 10 | | or relative caregiver , shall impair the ability of the
| 11 | | Department of Children and Family Services, or anyone else | 12 | | authorized under
Section 5 of the Abused and Neglected Child | 13 | | Reporting Act, to remove a minor
from the home of a foster | 14 | | parent or relative caregiver if the Department of Children and | 15 | | Family
Services or the person removing the minor has reason to | 16 | | believe that the
circumstances or conditions of the minor are | 17 | | such that continuing in the
residence or care of the foster | 18 | | parent or relative caregiver will jeopardize the child's health | 19 | | and
safety or present an imminent risk of harm to that
minor's | 20 | | life.
| 21 | | (c) If a current or previously appointed foster parent or | 22 | | relative caregiver has had the minor who is the subject of the
| 23 | | proceeding under Article II in his or her home for more than | 24 | | one year on or
after July 3, 1994 and if the minor's
placement | 25 | | is being terminated from that foster parent's or relative | 26 | | caregiver's home, that foster
parent or relative caregiver |
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| 1 | | shall have standing and intervenor status in the proceeding | 2 | | regarding the minor if any party or the court is seeking to | 3 | | terminate the minor's placement or to prevent the return of the | 4 | | minor to that current or previously appointed foster parent's | 5 | | or relative caregiver's home except in those
circumstances | 6 | | where the Department of Children and Family Services or anyone
| 7 | | else authorized under Section 5 of the Abused and Neglected | 8 | | Child Reporting Act
has removed the minor from the foster | 9 | | parent or relative caregiver because of a reasonable belief
| 10 | | that the circumstances or conditions of the minor are such that | 11 | | continuing in
the residence or care of the foster parent or | 12 | | relative caregiver will jeopardize the child's health
or safety | 13 | | or presents an imminent risk of harm to
the minor's life. The | 14 | | court may grant or deny intervenor status after providing the | 15 | | current or previous foster parent or relative caregiver an | 16 | | opportunity to be heard as to their interest in the proceeding.
| 17 | | (d) The court may grant standing to any current or | 18 | | previously appointed foster parent or relative caregiver
if the | 19 | | court finds that it is in the best interest of the child for | 20 | | the foster
parent or relative caregiver to have standing and | 21 | | intervenor status.
| 22 | | (3) Parties respondent are entitled to notice in compliance | 23 | | with Sections
2-15 and 2-16, 3-17 and 3-18, 4-14 and 4-15 or | 24 | | 5-525 and 5-530, as appropriate.
At the first appearance before | 25 | | the court by the minor, his
parents, guardian, custodian or | 26 | | responsible relative, the court shall explain
the nature of the |
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| 1 | | proceedings and inform the parties of their rights under the
| 2 | | first 2 paragraphs of this Section.
| 3 | | If the child is alleged to be abused, neglected or | 4 | | dependent, the court
shall
admonish the parents that if the | 5 | | court declares the child to be a ward of the
court and
awards | 6 | | custody or guardianship to the Department of Children and | 7 | | Family
Services, the parents must cooperate with the Department | 8 | | of Children and Family
Services, comply with the terms of the | 9 | | service plans, and correct the
conditions that require the | 10 | | child to be in care, or risk termination of their
parental | 11 | | rights.
| 12 | | Upon an adjudication of wardship of
the court under | 13 | | Sections 2-22, 3-23, 4-20 or 5-705, the court shall inform
the | 14 | | parties of their right to appeal therefrom as well as from any | 15 | | other
final judgment of the court.
| 16 | | When the court finds that a child is an abused, neglected, | 17 | | or dependent
minor under
Section 2-21, the court shall admonish | 18 | | the parents that the parents must
cooperate with
the Department | 19 | | of Children and Family Services, comply with the terms of the
| 20 | | service plans, and correct the conditions that require the | 21 | | child to be in care,
or risk termination of
their parental
| 22 | | rights.
| 23 | | When the court declares a child to be a ward of the court | 24 | | and awards
guardianship to the Department of Children and | 25 | | Family Services under Section
2-22, the court shall admonish | 26 | | the parents,
guardian,
custodian, or responsible relative that |
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| 1 | | the parents must cooperate with the
Department of Children and | 2 | | Family Services, comply
with the terms of the service plans, | 3 | | and correct the conditions that require
the child to be in | 4 | | care, or risk termination of their parental
rights.
| 5 | | (4) No sanction may be applied against the minor who is the | 6 | | subject of
the proceedings by reason of his refusal or failure | 7 | | to testify in the course
of any hearing held prior to final | 8 | | adjudication under Section 2-22, 3-23, 4-20
or 5-705.
| 9 | | (5) In the discretion of the court, the minor may be | 10 | | excluded from any
part or parts of a dispositional hearing and, | 11 | | with the consent of the parent
or parents, guardian, counsel or | 12 | | a guardian ad litem, from any part or parts
of an adjudicatory | 13 | | hearing.
| 14 | | (6) The general public except for the news media and the | 15 | | crime victim, as defined in Section 3 of the Rights of Crime | 16 | | Victims and Witnesses Act, shall be
excluded from any hearing | 17 | | and, except for the persons specified in this
Section only | 18 | | persons, including representatives of agencies and
| 19 | | associations, who in the opinion of the court have a direct | 20 | | interest in the
case or in the work of the court shall be | 21 | | admitted to the hearing. However,
the court may, for the | 22 | | minor's safety and protection and for good cause
shown,
| 23 | | prohibit any person or agency present in court from further | 24 | | disclosing the
minor's identity.
Nothing in this subsection (6) | 25 | | prevents the court from allowing other
juveniles to be present | 26 | | or to participate in a court session being held
under the |
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| 1 | | Juvenile Drug Court Treatment Act.
| 2 | | (7) A party shall not be entitled to exercise the right to | 3 | | a substitution
of a judge without cause under subdivision | 4 | | (a)(2) of Section 2-1001 of the Code
of Civil Procedure in a | 5 | | proceeding under this Act if the judge is currently
assigned to | 6 | | a proceeding involving the alleged abuse, neglect, or | 7 | | dependency of
the minor's sibling or half sibling and that | 8 | | judge has made a substantive
ruling in the proceeding involving | 9 | | the minor's sibling or half sibling.
| 10 | | (Source: P.A. 93-539, eff. 8-18-03; 94-271, eff. 1-1-06.)
| 11 | | (705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
| 12 | | Sec. 2-23. Kinds of dispositional orders.
| 13 | | (1) The following kinds of orders of disposition may be | 14 | | made in respect of
wards of the court:
| 15 | | (a) A minor under 18 years of age found to be neglected | 16 | | or abused under
Section 2-3 or dependent under Section 2-4 | 17 | | may be (1) continued in the
custody of his or her parents,
| 18 | | guardian or legal custodian; (2) placed in accordance with | 19 | | Section 2-27;
(3) restored to the custody of the parent, | 20 | | parents, guardian, or legal
custodian, provided the court | 21 | | shall order the parent, parents, guardian, or
legal | 22 | | custodian to cooperate with the Department of Children and | 23 | | Family
Services and comply with the terms of an after-care | 24 | | plan or risk the loss of
custody of the child and the | 25 | | possible termination of their parental rights;
or
(4) |
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| 1 | | ordered partially or completely emancipated in accordance | 2 | | with
the provisions of the Emancipation of Minors Act.
| 3 | | However, in any case in which a minor is found by the | 4 | | court to be
neglected or abused under Section 2-3 of this | 5 | | Act, custody of the minor
shall not be restored to any | 6 | | parent, guardian or legal custodian whose acts
or omissions | 7 | | or both have been identified, pursuant to subsection (1) of
| 8 | | Section 2-21, as forming the basis for the court's finding | 9 | | of abuse or
neglect, until such time
as a
hearing is held | 10 | | on the issue of the best interests of the minor and the | 11 | | fitness
of such parent, guardian or legal custodian to care | 12 | | for the minor without
endangering the minor's health or | 13 | | safety, and the court
enters an order that such parent, | 14 | | guardian or legal custodian is fit to care
for the minor.
| 15 | | (b) A minor under 18 years of age found to be dependent | 16 | | under
Section 2-4 may be (1) placed in accordance with | 17 | | Section 2-27 or (2)
ordered partially or completely | 18 | | emancipated in accordance with the
provisions of the | 19 | | Emancipation of Minors Act.
| 20 | | However, in any case in which a minor is found by the | 21 | | court to be
dependent under Section 2-4 of this Act, | 22 | | custody of the minor shall not be
restored to
any parent, | 23 | | guardian or legal custodian whose acts or omissions or both | 24 | | have
been identified, pursuant to subsection (1) of Section | 25 | | 2-21, as forming the
basis for the court's finding of | 26 | | dependency, until such
time as a hearing is
held on the |
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| 1 | | issue of the fitness of such parent, guardian or legal
| 2 | | custodian to care for the minor without endangering the | 3 | | minor's health or
safety, and the court enters an order | 4 | | that such
parent, guardian or legal custodian is fit to | 5 | | care for the minor.
| 6 | | (b-1) A minor between the ages of 18 and 21 may be | 7 | | placed pursuant to Section 2-27 of this Act if (1) the | 8 | | court has granted a supplemental petition to reinstate | 9 | | wardship of the minor pursuant to subsection (2) of Section | 10 | | 2-33, or (2) the court has adjudicated the minor a ward of | 11 | | the court, permitted the minor to return home under an | 12 | | order of protection, and subsequently made a finding that | 13 | | it is in the minor's best interest to vacate the order of | 14 | | protection and commit the minor to the Department of | 15 | | Children and Family Services for care and service.
| 16 | | (c) When the court awards guardianship to the | 17 | | Department of Children and
Family Services, the court shall | 18 | | order the parents to cooperate with the
Department of | 19 | | Children and Family Services, comply with the terms of the
| 20 | | service plans, and correct the conditions that require the | 21 | | child to be in care,
or risk termination of their parental | 22 | | rights.
| 23 | | (2) Any order of disposition may provide for protective | 24 | | supervision
under Section 2-24 and may include an order of | 25 | | protection under Section 2-25.
| 26 | | Unless the order of disposition expressly so provides, it |
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| 1 | | does
not operate to close proceedings on the pending petition, | 2 | | but is subject
to modification, not inconsistent with Section | 3 | | 2-28, until final closing and discharge of the proceedings | 4 | | under
Section 2-31.
| 5 | | (3) The court also shall enter any other orders necessary | 6 | | to fulfill the
service plan, including, but not limited to, (i) | 7 | | orders requiring parties to
cooperate with services, (ii) | 8 | | restraining orders controlling the conduct of any
party likely | 9 | | to frustrate the achievement of the goal, and (iii) visiting
| 10 | | orders. When the child is placed separately from a sibling, the
| 11 | | court shall review the Sibling Contact Support Plan developed | 12 | | under subsection (f) of Section 7.4 of the Children and Family | 13 | | Services Act, if applicable. If the Department has not convened | 14 | | a meeting to develop a Sibling
Contact Support Plan, or if the | 15 | | court finds that the existing Plan is not in the child's best
| 16 | | interest, the court may enter an order requiring the Department | 17 | | to develop and implement
a Sibling Contact Support Plan under | 18 | | subsection (f) of Section 7.4 of the Children and Family | 19 | | Services Act or order mediation. Unless otherwise specifically | 20 | | authorized by law, the court is not
empowered under this | 21 | | subsection (3) to order or to prohibit specific placements, | 22 | | specific
services, or specific service
providers to be included | 23 | | in the plan. If, after receiving evidence, the court determines | 24 | | that the services contained in the plan are not reasonably | 25 | | calculated to facilitate achievement of the permanency goal, | 26 | | the court shall put in writing the factual basis supporting the |
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| 1 | | determination and enter specific findings based on the | 2 | | evidence. The court also shall enter an order for the | 3 | | Department to develop and implement a new service plan or to | 4 | | implement changes to the current service plan consistent with | 5 | | the court's findings. The new service plan shall be filed with | 6 | | the court and served on all parties within 45 days after the | 7 | | date of the order. The court shall continue the matter until | 8 | | the new service plan is filed. Unless otherwise specifically | 9 | | authorized by law, the court is not empowered under this | 10 | | subsection (3) or under subsection (2) to order or to prohibit | 11 | | specific placements, specific services, or specific service | 12 | | providers to be included in the plan.
| 13 | | (4) In addition to any other order of disposition, the | 14 | | court may order
any minor adjudicated neglected with respect to | 15 | | his or her own injurious
behavior to make restitution, in | 16 | | monetary or non-monetary form, under the
terms and conditions | 17 | | of Section 5-5-6 of the Unified Code of Corrections,
except | 18 | | that the "presentence hearing" referred to therein shall be the
| 19 | | dispositional hearing for purposes of this Section. The parent, | 20 | | guardian
or legal custodian of the minor may pay some or all of | 21 | | such restitution on
the minor's behalf.
| 22 | | (5) Any order for disposition where the minor is committed | 23 | | or placed in
accordance with Section 2-27 shall provide for the | 24 | | parents or guardian of
the estate of such minor to pay to the | 25 | | legal custodian or guardian of the
person of the minor such | 26 | | sums as are determined by the custodian or guardian
of the |
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| 1 | | person of the minor as necessary for the minor's needs. Such | 2 | | payments
may not exceed the maximum amounts provided for by | 3 | | Section 9.1 of the
Children and Family Services Act.
| 4 | | (6) Whenever the order of disposition requires the minor to | 5 | | attend
school or participate in a program of training, the | 6 | | truant officer or
designated school official shall regularly | 7 | | report to the court if the minor
is a chronic or habitual | 8 | | truant under Section 26-2a of the School Code.
| 9 | | (7) The court may terminate the parental rights of a parent | 10 | | at the initial
dispositional hearing if all of the conditions | 11 | | in subsection (5) of Section
2-21 are met.
| 12 | | (Source: P.A. 96-581, eff. 1-1-10; 96-600, eff. 8-21-09; | 13 | | 96-1000, eff. 7-2-10; 97-1076, eff. 8-24-12.)
| 14 | | (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
| 15 | | Sec. 2-28. Court review.
| 16 | | (1) The court may require any legal custodian or guardian | 17 | | of the person
appointed under this Act to report periodically | 18 | | to the court or may cite
him into court and require him or his | 19 | | agency, to make a full and
accurate report of his or its doings | 20 | | in behalf of the minor. The
custodian or guardian, within 10 | 21 | | days after such citation, shall make
the report, either in | 22 | | writing verified by affidavit or orally under oath
in open | 23 | | court, or otherwise as the court directs. Upon the hearing of
| 24 | | the report the court may remove the custodian or guardian and | 25 | | appoint
another in his stead or restore the minor to the |
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| 1 | | custody of his parents
or former guardian or custodian. | 2 | | However, custody of the minor shall
not be restored to any | 3 | | parent, guardian or legal custodian in any case
in which the | 4 | | minor is found to be neglected or abused under Section 2-3 or
| 5 | | dependent under Section 2-4 of this
Act, unless the minor can | 6 | | be cared for at home without endangering the
minor's health or | 7 | | safety and it is in the best interests of the minor, and
if | 8 | | such neglect,
abuse, or dependency is found by the court under | 9 | | paragraph (1)
of Section 2-21 of
this Act to have come about | 10 | | due to the acts or omissions or both of such
parent, guardian
| 11 | | or legal custodian, until such time as an investigation is made | 12 | | as provided in
paragraph (5) and a hearing is held on the issue | 13 | | of the fitness of such parent,
guardian or legal custodian to | 14 | | care for the minor and the court enters an order
that such | 15 | | parent, guardian or legal custodian is fit to care for the | 16 | | minor.
| 17 | | (2) The first permanency hearing shall be
conducted by the | 18 | | judge. Subsequent permanency hearings may be
heard by a judge | 19 | | or by hearing officers appointed or approved by the court in
| 20 | | the manner set forth in Section 2-28.1 of this Act.
The initial | 21 | | hearing shall be held (a) within 12 months from the date
| 22 | | temporary
custody was taken, regardless of whether an | 23 | | adjudication or dispositional hearing has been completed | 24 | | within that time frame, (b) if the parental rights of both | 25 | | parents have been
terminated in accordance with the procedure | 26 | | described in subsection (5) of
Section 2-21, within
30 days of |
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| 1 | | the order for termination of parental rights and appointment of
| 2 | | a guardian with power to consent to adoption, or (c) in | 3 | | accordance with
subsection
(2) of Section 2-13.1. Subsequent | 4 | | permanency hearings
shall be held every 6 months
or more | 5 | | frequently if necessary in the court's determination following | 6 | | the
initial permanency hearing, in accordance with the | 7 | | standards set forth in this
Section, until the court determines | 8 | | that the plan and goal have been achieved.
Once the plan and | 9 | | goal have been achieved, if the minor remains in substitute
| 10 | | care, the case shall be reviewed at least every 6 months | 11 | | thereafter, subject to
the provisions of this Section, unless | 12 | | the minor is placed in the guardianship
of a suitable relative | 13 | | or other person and the court determines that further
| 14 | | monitoring by the court does not further the health, safety or | 15 | | best interest of
the child and that this is a stable permanent | 16 | | placement.
The permanency hearings must occur within the time | 17 | | frames set forth in this
subsection and may not be delayed in | 18 | | anticipation of a report from any source or due to the agency's | 19 | | failure to timely file its written report (this
written report | 20 | | means the one required under the next paragraph and does not
| 21 | | mean the service plan also referred to in that paragraph).
| 22 | | The public agency that is the custodian or guardian of the | 23 | | minor, or another
agency responsible for the minor's care, | 24 | | shall ensure that all parties to the
permanency hearings are | 25 | | provided a copy of the most recent
service plan prepared within | 26 | | the prior 6 months
at least 14 days in advance of the hearing. |
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| 1 | | If not contained in the plan, the
agency shall also include a | 2 | | report setting forth (i) any special
physical, psychological, | 3 | | educational, medical, emotional, or other needs of the
minor or | 4 | | his or her family that are relevant to a permanency or | 5 | | placement
determination and (ii) for any minor age 16 or over, | 6 | | a written description of
the programs and services that will | 7 | | enable the minor to prepare for independent
living. The | 8 | | agency's written report must detail what progress or lack of
| 9 | | progress the parent has made in correcting the conditions | 10 | | requiring the child
to be in care; whether the child can be | 11 | | returned home without jeopardizing the
child's health, safety, | 12 | | and welfare, and if not, what permanency goal is
recommended to | 13 | | be in the best interests of the child, and why the other
| 14 | | permanency goals are not appropriate. The caseworker must | 15 | | appear and testify
at the permanency hearing. If a permanency | 16 | | hearing has not previously been
scheduled by the court, the | 17 | | moving party shall move for the setting of a
permanency hearing | 18 | | and the entry of an order within the time frames set forth
in | 19 | | this subsection.
| 20 | | At the permanency hearing, the court shall determine the | 21 | | future status
of the child. The court shall set one of the | 22 | | following permanency goals:
| 23 | | (A) The minor will be returned home by a specific date | 24 | | within 5
months.
| 25 | | (B) The minor will be in short-term care with a
| 26 | | continued goal to return home within a period not to exceed |
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| 1 | | one
year, where the progress of the parent or parents is | 2 | | substantial giving
particular consideration to the age and | 3 | | individual needs of the minor.
| 4 | | (B-1) The minor will be in short-term care with a | 5 | | continued goal to return
home pending a status hearing. | 6 | | When the court finds that a parent has not made
reasonable | 7 | | efforts or reasonable progress to date, the court shall | 8 | | identify
what actions the parent and the Department must | 9 | | take in order to justify a
finding of reasonable efforts or | 10 | | reasonable progress and shall set a status
hearing to be | 11 | | held not earlier than 9 months from the date of | 12 | | adjudication nor
later than 11 months from the date of | 13 | | adjudication during which the parent's
progress will again | 14 | | be reviewed.
| 15 | | (C) The minor will be in substitute care pending court
| 16 | | determination on termination of parental rights.
| 17 | | (D) Adoption, provided that parental rights have been | 18 | | terminated or
relinquished.
| 19 | | (E) The guardianship of the minor will be transferred | 20 | | to an individual or
couple on a permanent basis provided | 21 | | that goals (A) through (D) have
been ruled out.
| 22 | | (F) The minor over age 15 will be in substitute care | 23 | | pending
independence.
| 24 | | (G) The minor will be in substitute care because he or | 25 | | she cannot be
provided for in a home environment due to | 26 | | developmental
disabilities or mental illness or because he |
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| 1 | | or she is a danger to self or
others, provided that goals | 2 | | (A) through (D) have been ruled out.
| 3 | | In selecting any permanency goal, the court shall indicate | 4 | | in writing the
reasons the goal was selected and why the | 5 | | preceding goals were ruled out.
Where the court has selected a | 6 | | permanency goal other than (A), (B), or (B-1),
the
Department | 7 | | of Children and Family Services shall not provide further
| 8 | | reunification services, but shall provide services
consistent | 9 | | with the goal
selected.
| 10 | | (H) Notwithstanding any other provision in this | 11 | | Section, the court may select the goal of continuing foster | 12 | | care as a permanency goal if: | 13 | | (1) The Department of Children and Family Services | 14 | | has custody and guardianship of the minor; | 15 | | (2) The court has ruled out all other permanency | 16 | | goals based on the child's best interest;
| 17 | | (3) The court has found compelling reasons, based | 18 | | on written documentation reviewed by the court, to | 19 | | place the minor in continuing foster care. Compelling | 20 | | reasons include:
| 21 | | (a) the child does not wish to be adopted or to | 22 | | be placed in the guardianship of his or her | 23 | | relative or foster care placement;
| 24 | | (b) the child exhibits an extreme level of need | 25 | | such that the removal of the child from his or her | 26 | | placement would be detrimental to the child; or
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| 1 | | (c) the child who is the subject of the | 2 | | permanency hearing has existing close and strong | 3 | | bonds with a sibling, and achievement of another | 4 | | permanency goal would substantially interfere with | 5 | | the subject child's sibling relationship, taking | 6 | | into consideration the nature and extent of the | 7 | | relationship, and whether ongoing contact is in | 8 | | the subject child's best interest, including | 9 | | long-term emotional interest, as compared with the | 10 | | legal and emotional benefit of permanence;
| 11 | | (4) The child has lived with the relative or foster | 12 | | parent for at least one year; and
| 13 | | (5) The relative or foster parent currently caring | 14 | | for the child is willing and capable of providing the | 15 | | child with a stable and permanent environment. | 16 | | The court shall set a
permanency
goal that is in the best | 17 | | interest of the child. In determining that goal, the court | 18 | | shall consult with the minor in an age-appropriate manner | 19 | | regarding the proposed permanency or transition plan for the | 20 | | minor. The court's determination
shall include the following | 21 | | factors:
| 22 | | (1) Age of the child.
| 23 | | (2) Options available for permanence, including both | 24 | | out-of-State and in-State placement options.
| 25 | | (3) Current placement of the child and the intent of | 26 | | the family regarding
adoption.
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| 1 | | (4) Emotional, physical, and mental status or | 2 | | condition of the child.
| 3 | | (5) Types of services previously offered and whether or | 4 | | not
the services were successful and, if not successful, | 5 | | the reasons the services
failed.
| 6 | | (6) Availability of services currently needed and | 7 | | whether the services
exist.
| 8 | | (7) Status of siblings of the minor.
| 9 | | The court shall consider (i) the permanency goal contained | 10 | | in the service
plan, (ii) the appropriateness of the
services | 11 | | contained in the plan and whether those services have been
| 12 | | provided, (iii) whether reasonable efforts have been made by | 13 | | all
the parties to the service plan to achieve the goal, and | 14 | | (iv) whether the plan
and goal have been achieved. All evidence
| 15 | | relevant to determining these questions, including oral and | 16 | | written reports,
may be admitted and may be relied on to the | 17 | | extent of their probative value.
| 18 | | The court shall make findings as to whether, in violation | 19 | | of Section 8.2 of the Abused and Neglected Child Reporting Act, | 20 | | any portion of the service plan compels a child or parent to | 21 | | engage in any activity or refrain from any activity that is not | 22 | | reasonably related to remedying a condition or conditions that | 23 | | gave rise or which could give rise to any finding of child | 24 | | abuse or neglect. The services contained in the service plan | 25 | | shall include services reasonably related to remedy the | 26 | | conditions that gave rise to removal of the child from the home |
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| 1 | | of his or her parents, guardian, or legal custodian or that the | 2 | | court has found must be remedied prior to returning the child | 3 | | home. Any tasks the court requires of the parents, guardian, or | 4 | | legal custodian or child prior to returning the child home, | 5 | | must be reasonably related to remedying a condition or | 6 | | conditions that gave rise to or which could give rise to any | 7 | | finding of child abuse or neglect. | 8 | | If the permanency goal is to return home, the court shall | 9 | | make findings that identify any problems that are causing | 10 | | continued placement of the children away from the home and | 11 | | identify what outcomes would be considered a resolution to | 12 | | these problems. The court shall explain to the parents that | 13 | | these findings are based on the information that the court has | 14 | | at that time and may be revised, should additional evidence be | 15 | | presented to the court. | 16 | | The court shall review the Sibling Contact and Support Plan | 17 | | developed or modified under subsection (f) of Section 7.4 of | 18 | | the Children and Family Services Act, if applicable. If the | 19 | | Department has not convened a meeting to
develop or modify a | 20 | | Sibling Contact Support Plan, or if the court finds that the | 21 | | existing Plan
is not in the child's best interest, the court | 22 | | may enter an order requiring the Department to
develop, modify | 23 | | or implement a Sibling Contact Support Plan, or order | 24 | | mediation. | 25 | | If the goal has been achieved, the court shall enter orders | 26 | | that are
necessary to conform the minor's legal custody and |
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| 1 | | status to those findings.
| 2 | | If, after receiving evidence, the court determines that the | 3 | | services
contained in the plan are not reasonably calculated to | 4 | | facilitate achievement
of the permanency goal, the court shall | 5 | | put in writing the factual basis
supporting the determination | 6 | | and enter specific findings based on the evidence.
The court | 7 | | also shall enter an order for the Department to develop and
| 8 | | implement a new service plan or to implement changes to the | 9 | | current service
plan consistent with the court's findings. The | 10 | | new service plan shall be filed
with the court and served on | 11 | | all parties within 45 days of the date of the
order. The court | 12 | | shall continue the matter until the new service plan is
filed. | 13 | | Unless otherwise specifically authorized by law, the court is | 14 | | not
empowered under this subsection (2) or under subsection (3) | 15 | | to order specific
placements, specific services, or specific | 16 | | service providers to be included in
the plan.
| 17 | | A guardian or custodian appointed by the court pursuant to | 18 | | this Act shall
file updated case plans with the court every 6 | 19 | | months.
| 20 | | Rights of wards of the court under this Act are enforceable | 21 | | against
any public agency by complaints for relief by mandamus | 22 | | filed in any
proceedings brought under this Act.
| 23 | | (3) Following the permanency hearing, the court shall enter | 24 | | a written order
that includes the determinations required under | 25 | | subsection (2) of this
Section and sets forth the following:
| 26 | | (a) The future status of the minor, including the |
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| 1 | | permanency goal, and
any order necessary to conform the | 2 | | minor's legal custody and status to such
determination; or
| 3 | | (b) If the permanency goal of the minor cannot be | 4 | | achieved immediately,
the specific reasons for continuing | 5 | | the minor in the care of the Department of
Children and | 6 | | Family Services or other agency for short term placement, | 7 | | and the
following determinations:
| 8 | | (i) (Blank).
| 9 | | (ii) Whether the services required by the court
and | 10 | | by any service plan prepared within the prior 6 months
| 11 | | have been provided and (A) if so, whether the services | 12 | | were reasonably
calculated to facilitate the | 13 | | achievement of the permanency goal or (B) if not
| 14 | | provided, why the services were not provided.
| 15 | | (iii) Whether the minor's continued placement with | 16 | | the Department of Children and Family Services is | 17 | | necessary, and the type of placement is appropriate to | 18 | | the
plan and goal, recognizing the right of minors to | 19 | | the least restrictive (most
family-like) setting | 20 | | available and in close proximity to the parents' home
| 21 | | consistent with the health, safety, best interest and | 22 | | special needs of the
minor and, if the minor is placed | 23 | | out-of-State, whether the out-of-State
placement | 24 | | continues to be appropriate and consistent with the | 25 | | health, safety,
and best interest of the minor. This | 26 | | determination does not constitute a judicial |
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| 1 | | determination on the merits of any specific placement | 2 | | decision.
| 3 | | (iv) (Blank).
| 4 | | (v) (Blank).
| 5 | | (4) The minor or any person interested in the minor may | 6 | | apply to the
court for a change in custody of the minor and the | 7 | | appointment of a new
custodian or guardian of the person or for | 8 | | the restoration of the minor
to the custody of his parents or | 9 | | former guardian or custodian.
| 10 | | When return home is not selected as the permanency goal:
| 11 | | (a) The Department, the minor, or the current
foster | 12 | | parent or relative
caregiver seeking private guardianship | 13 | | may file a motion for private
guardianship of the minor. | 14 | | Appointment of a guardian under this Section
requires | 15 | | approval of the court.
| 16 | | (b) The State's Attorney may file a motion to terminate | 17 | | parental rights of
any parent who has failed to make | 18 | | reasonable efforts to correct the conditions
which led to | 19 | | the removal of the child or reasonable progress toward the | 20 | | return
of the child, as defined in subdivision (D)(m) of | 21 | | Section 1 of the Adoption Act
or for whom any other | 22 | | unfitness ground for terminating parental rights as
| 23 | | defined in subdivision (D) of Section 1 of the Adoption Act | 24 | | exists. | 25 | | When parental rights have been terminated for a minimum | 26 | | of 3 years and the child who is the subject of the |
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| 1 | | permanency hearing is 13 years old or older and is not | 2 | | currently placed in a placement likely to achieve | 3 | | permanency, the Department of
Children and Family Services | 4 | | shall make reasonable efforts to locate parents whose | 5 | | rights have been terminated, except when the Court | 6 | | determines that those efforts would be futile or | 7 | | inconsistent with the subject child's best interests. The | 8 | | Department of
Children and Family Services shall assess the | 9 | | appropriateness of the parent whose rights have been | 10 | | terminated, and shall, as appropriate, foster and support | 11 | | connections between the parent whose rights have been | 12 | | terminated and the youth. The Department of
Children and | 13 | | Family Services shall document its determinations and | 14 | | efforts to foster connections in the child's case plan.
| 15 | | Custody of the minor shall not be restored to any parent, | 16 | | guardian or legal
custodian in any case in which the minor is | 17 | | found to be neglected or abused
under Section 2-3 or dependent | 18 | | under Section 2-4 of this Act, unless the
minor can be cared | 19 | | for at home
without endangering his or her health or safety and | 20 | | it is in the best
interest of the minor,
and if such neglect, | 21 | | abuse, or dependency is found by the court
under paragraph (1) | 22 | | of Section 2-21 of this Act to have come
about due to the acts | 23 | | or omissions or both of such parent, guardian or legal
| 24 | | custodian, until such time as an investigation is made as | 25 | | provided in
paragraph (5) and a hearing is held on the issue of | 26 | | the health,
safety and
best interest of the minor and the |
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| 1 | | fitness of such
parent, guardian or legal custodian to care for | 2 | | the minor and the court
enters an order that such parent, | 3 | | guardian or legal custodian is fit to
care for the minor. In | 4 | | the event that the minor has attained 18 years
of age and the | 5 | | guardian or custodian petitions the court for an order
| 6 | | terminating his guardianship or custody, guardianship or | 7 | | custody shall
terminate automatically 30 days after the receipt | 8 | | of the petition unless
the court orders otherwise. No legal | 9 | | custodian or guardian of the
person may be removed without his | 10 | | consent until given notice and an
opportunity to be heard by | 11 | | the court.
| 12 | | When the court orders a child restored to the custody of | 13 | | the parent or
parents, the court shall order the parent or | 14 | | parents to cooperate with the
Department of Children and Family | 15 | | Services and comply with the terms of an
after-care plan, or | 16 | | risk the loss of custody of the child and possible
termination | 17 | | of their parental rights. The court may also enter an order of
| 18 | | protective supervision in accordance with Section 2-24.
| 19 | | (5) Whenever a parent, guardian, or legal custodian files a | 20 | | motion for
restoration of custody of the minor, and the minor | 21 | | was adjudicated
neglected, abused, or dependent as a result of | 22 | | physical abuse,
the court shall cause to be
made an | 23 | | investigation as to whether the movant has ever been charged
| 24 | | with or convicted of any criminal offense which would indicate | 25 | | the
likelihood of any further physical abuse to the minor. | 26 | | Evidence of such
criminal convictions shall be taken into |
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| 1 | | account in determining whether the
minor can be cared for at | 2 | | home without endangering his or her health or safety
and | 3 | | fitness of the parent, guardian, or legal custodian.
| 4 | | (a) Any agency of this State or any subdivision thereof | 5 | | shall
co-operate with the agent of the court in providing | 6 | | any information
sought in the investigation.
| 7 | | (b) The information derived from the investigation and | 8 | | any
conclusions or recommendations derived from the | 9 | | information shall be
provided to the parent, guardian, or | 10 | | legal custodian seeking restoration
of custody prior to the | 11 | | hearing on fitness and the movant shall have
an opportunity | 12 | | at the hearing to refute the information or contest its
| 13 | | significance.
| 14 | | (c) All information obtained from any investigation | 15 | | shall be confidential
as provided in Section 5-150 of this | 16 | | Act.
| 17 | | (Source: P.A. 96-600, eff. 8-21-09; 96-1375, eff. 7-29-10; | 18 | | 97-425, eff. 8-16-11; 97-1076, eff. 8-24-12.)
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.
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