Illinois General Assembly - Full Text of HB2659
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Full Text of HB2659  98th General Assembly


Rep. William Davis

Filed: 3/21/2013





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2    AMENDMENT NO. ______. Amend House Bill 2659 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Children and Family Services Act is amended
5by changing Section 5 as follows:
6    (20 ILCS 505/5)  (from Ch. 23, par. 5005)
7    Sec. 5. Direct child welfare services; Department of
8Children and Family Services. To provide direct child welfare
9services when not available through other public or private
10child care or program facilities.
11    (a) For purposes of this Section:
12        (1) "Children" means persons found within the State who
13    are under the age of 18 years. The term also includes
14    persons under age 21 who:
15            (A) were committed to the Department pursuant to
16        the Juvenile Court Act or the Juvenile Court Act of



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1        1987, as amended, prior to the age of 18 and who
2        continue under the jurisdiction of the court; or
3            (B) were accepted for care, service and training by
4        the Department prior to the age of 18 and whose best
5        interest in the discretion of the Department would be
6        served by continuing that care, service and training
7        because of severe emotional disturbances, physical
8        disability, social adjustment or any combination
9        thereof, or because of the need to complete an
10        educational or vocational training program.
11        (2) "Homeless youth" means persons found within the
12    State who are under the age of 19, are not in a safe and
13    stable living situation and cannot be reunited with their
14    families.
15        (3) "Child welfare services" means public social
16    services which are directed toward the accomplishment of
17    the following purposes:
18            (A) protecting and promoting the health, safety
19        and welfare of children, including homeless, dependent
20        or neglected children;
21            (B) remedying, or assisting in the solution of
22        problems which may result in, the neglect, abuse,
23        exploitation or delinquency of children;
24            (C) preventing the unnecessary separation of
25        children from their families by identifying family
26        problems, assisting families in resolving their



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1        problems, and preventing the breakup of the family
2        where the prevention of child removal is desirable and
3        possible when the child can be cared for at home
4        without endangering the child's health and safety;
5            (D) restoring to their families children who have
6        been removed, by the provision of services to the child
7        and the families when the child can be cared for at
8        home without endangering the child's health and
9        safety;
10            (E) placing children in suitable adoptive homes,
11        in cases where restoration to the biological family is
12        not safe, possible or appropriate;
13            (F) assuring safe and adequate care of children
14        away from their homes, in cases where the child cannot
15        be returned home or cannot be placed for adoption. At
16        the time of placement, the Department shall consider
17        concurrent planning, as described in subsection (l-1)
18        of this Section so that permanency may occur at the
19        earliest opportunity. Consideration should be given so
20        that if reunification fails or is delayed, the
21        placement made is the best available placement to
22        provide permanency for the child;
23            (G) (blank);
24            (H) (blank); and
25            (I) placing and maintaining children in facilities
26        that provide separate living quarters for children



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1        under the age of 18 and for children 18 years of age
2        and older, unless a child 18 years of age is in the
3        last year of high school education or vocational
4        training, in an approved individual or group treatment
5        program, in a licensed shelter facility, or secure
6        child care facility. The Department is not required to
7        place or maintain children:
8                (i) who are in a foster home, or
9                (ii) who are persons with a developmental
10            disability, as defined in the Mental Health and
11            Developmental Disabilities Code, or
12                (iii) who are female children who are
13            pregnant, pregnant and parenting or parenting, or
14                (iv) who are siblings, in facilities that
15            provide separate living quarters for children 18
16            years of age and older and for children under 18
17            years of age.
18    (b) Nothing in this Section shall be construed to authorize
19the expenditure of public funds for the purpose of performing
21    (c) The Department shall establish and maintain
22tax-supported child welfare services and extend and seek to
23improve voluntary services throughout the State, to the end
24that services and care shall be available on an equal basis
25throughout the State to children requiring such services.
26    (d) The Director may authorize advance disbursements for



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1any new program initiative to any agency contracting with the
2Department. As a prerequisite for an advance disbursement, the
3contractor must post a surety bond in the amount of the advance
4disbursement and have a purchase of service contract approved
5by the Department. The Department may pay up to 2 months
6operational expenses in advance. The amount of the advance
7disbursement shall be prorated over the life of the contract or
8the remaining months of the fiscal year, whichever is less, and
9the installment amount shall then be deducted from future
10bills. Advance disbursement authorizations for new initiatives
11shall not be made to any agency after that agency has operated
12during 2 consecutive fiscal years. The requirements of this
13Section concerning advance disbursements shall not apply with
14respect to the following: payments to local public agencies for
15child day care services as authorized by Section 5a of this
16Act; and youth service programs receiving grant funds under
17Section 17a-4.
18    (e) (Blank).
19    (f) (Blank).
20    (g) The Department shall establish rules and regulations
21concerning its operation of programs designed to meet the goals
22of child safety and protection, family preservation, family
23reunification, and adoption, including but not limited to:
24        (1) adoption;
25        (2) foster care;
26        (3) family counseling;



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1        (4) protective services;
2        (5) (blank);
3        (6) homemaker service;
4        (7) return of runaway children;
5        (8) (blank);
6        (9) placement under Section 5-7 of the Juvenile Court
7    Act or Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile
8    Court Act of 1987 in accordance with the federal Adoption
9    Assistance and Child Welfare Act of 1980; and
10        (10) interstate services.
11    Rules and regulations established by the Department shall
12include provisions for training Department staff and the staff
13of Department grantees, through contracts with other agencies
14or resources, in alcohol and drug abuse screening techniques
15approved by the Department of Human Services, as a successor to
16the Department of Alcoholism and Substance Abuse, for the
17purpose of identifying children and adults who should be
18referred to an alcohol and drug abuse treatment program for
19professional evaluation.
20    (h) If the Department finds that there is no appropriate
21program or facility within or available to the Department for a
22ward and that no licensed private facility has an adequate and
23appropriate program or none agrees to accept the ward, the
24Department shall create an appropriate individualized,
25program-oriented plan for such ward. The plan may be developed
26within the Department or through purchase of services by the



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1Department to the extent that it is within its statutory
2authority to do.
3    (i) Service programs shall be available throughout the
4State and shall include but not be limited to the following
6        (1) case management;
7        (2) homemakers;
8        (3) counseling;
9        (4) parent education;
10        (5) day care; and
11        (6) emergency assistance and advocacy.
12    In addition, the following services may be made available
13to assess and meet the needs of children and families:
14        (1) comprehensive family-based services;
15        (2) assessments;
16        (3) respite care; and
17        (4) in-home health services.
18    The Department shall provide transportation for any of the
19services it makes available to children or families or for
20which it refers children or families.
21    (j) The Department may provide categories of financial
22assistance and education assistance grants, and shall
23establish rules and regulations concerning the assistance and
24grants, to persons who adopt physically or mentally
25handicapped, older and other hard-to-place children who (i)
26immediately prior to their adoption were legal wards of the



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1Department or (ii) were determined eligible for financial
2assistance with respect to a prior adoption and who become
3available for adoption because the prior adoption has been
4dissolved and the parental rights of the adoptive parents have
5been terminated or because the child's adoptive parents have
6died. The Department may continue to provide financial
7assistance and education assistance grants for a child who was
8determined eligible for financial assistance under this
9subsection (j) in the interim period beginning when the child's
10adoptive parents died and ending with the finalization of the
11new adoption of the child by another adoptive parent or
12parents. The Department may also provide categories of
13financial assistance and education assistance grants, and
14shall establish rules and regulations for the assistance and
15grants, to persons appointed guardian of the person under
16Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
174-25 or 5-740 of the Juvenile Court Act of 1987 for children
18who were wards of the Department for 12 months immediately
19prior to the appointment of the guardian.
20    The amount of assistance may vary, depending upon the needs
21of the child and the adoptive parents, as set forth in the
22annual assistance agreement. Special purpose grants are
23allowed where the child requires special service but such costs
24may not exceed the amounts which similar services would cost
25the Department if it were to provide or secure them as guardian
26of the child.



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1    Any financial assistance provided under this subsection is
2inalienable by assignment, sale, execution, attachment,
3garnishment, or any other remedy for recovery or collection of
4a judgment or debt.
5    (j-5) The Department shall not deny or delay the placement
6of a child for adoption if an approved family is available
7either outside of the Department region handling the case, or
8outside of the State of Illinois.
9    (k) The Department shall accept for care and training any
10child who has been adjudicated neglected or abused, or
11dependent committed to it pursuant to the Juvenile Court Act or
12the Juvenile Court Act of 1987.
13    (l) The Department shall offer family preservation
14services, as defined in Section 8.2 of the Abused and Neglected
15Child Reporting Act, to help families, including adoptive and
16extended families. Family preservation services shall be
17offered (i) to prevent the placement of children in substitute
18care when the children can be cared for at home or in the
19custody of the person responsible for the children's welfare,
20(ii) to reunite children with their families, or (iii) to
21maintain an adoptive placement. Family preservation services
22shall only be offered when doing so will not endanger the
23children's health or safety. With respect to children who are
24in substitute care pursuant to the Juvenile Court Act of 1987,
25family preservation services shall not be offered if a goal
26other than those of subdivisions (A), (B), or (B-1) of



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1subsection (2) of Section 2-28 of that Act has been set.
2Nothing in this paragraph shall be construed to create a
3private right of action or claim on the part of any individual
4or child welfare agency, except that when a child is the
5subject of an action under Article II of the Juvenile Court Act
6of 1987 and the child's service plan calls for services to
7facilitate achievement of the permanency goal, the court
8hearing the action under Article II of the Juvenile Court Act
9of 1987 may order the Department to provide the services set
10out in the plan, if those services are not provided with
11reasonable promptness and if those services are available.
12    The Department shall notify the child and his family of the
13Department's responsibility to offer and provide family
14preservation services as identified in the service plan. The
15child and his family shall be eligible for services as soon as
16the report is determined to be "indicated". The Department may
17offer services to any child or family with respect to whom a
18report of suspected child abuse or neglect has been filed,
19prior to concluding its investigation under Section 7.12 of the
20Abused and Neglected Child Reporting Act. However, the child's
21or family's willingness to accept services shall not be
22considered in the investigation. The Department may also
23provide services to any child or family who is the subject of
24any report of suspected child abuse or neglect or may refer
25such child or family to services available from other agencies
26in the community, even if the report is determined to be



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1unfounded, if the conditions in the child's or family's home
2are reasonably likely to subject the child or family to future
3reports of suspected child abuse or neglect. Acceptance of such
4services shall be voluntary. The Department may also provide
5services to any child or family after completion of a family
6assessment, as an alternative to an investigation, as provided
7under the "differential response program" provided for in
8subsection (a-5) of Section 7.4 of the Abused and Neglected
9Child Reporting Act.
10    The Department may, at its discretion except for those
11children also adjudicated neglected or dependent, accept for
12care and training any child who has been adjudicated addicted,
13as a truant minor in need of supervision or as a minor
14requiring authoritative intervention, under the Juvenile Court
15Act or the Juvenile Court Act of 1987, but no such child shall
16be committed to the Department by any court without the
17approval of the Department. A minor charged with a criminal
18offense under the Criminal Code of 1961 or the Criminal Code of
192012 or adjudicated delinquent shall not be placed in the
20custody of or committed to the Department by any court, except
21(i) a minor less than 15 years of age committed to the
22Department under Section 5-710 of the Juvenile Court Act of
231987, (ii) a minor for whom an independent basis of abuse,
24neglect, or dependency exists, which must be defined by
25departmental rule, or (iii) a minor for whom the court has
26granted a supplemental petition to reinstate wardship pursuant



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1to subsection (2) of Section 2-33 of the Juvenile Court Act of
21987. An independent basis exists when the allegations or
3adjudication of abuse, neglect, or dependency do not arise from
4the same facts, incident, or circumstances which give rise to a
5charge or adjudication of delinquency.
6    As soon as is possible after August 7, 2009 (the effective
7date of Public Act 96-134), the Department shall develop and
8implement a special program of family preservation services to
9support intact, foster, and adoptive families who are
10experiencing extreme hardships due to the difficulty and stress
11of caring for a child who has been diagnosed with a pervasive
12developmental disorder if the Department determines that those
13services are necessary to ensure the health and safety of the
14child. The Department may offer services to any family whether
15or not a report has been filed under the Abused and Neglected
16Child Reporting Act. The Department may refer the child or
17family to services available from other agencies in the
18community if the conditions in the child's or family's home are
19reasonably likely to subject the child or family to future
20reports of suspected child abuse or neglect. Acceptance of
21these services shall be voluntary. The Department shall develop
22and implement a public information campaign to alert health and
23social service providers and the general public about these
24special family preservation services. The nature and scope of
25the services offered and the number of families served under
26the special program implemented under this paragraph shall be



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1determined by the level of funding that the Department annually
2allocates for this purpose. The term "pervasive developmental
3disorder" under this paragraph means a neurological condition,
4including but not limited to, Asperger's Syndrome and autism,
5as defined in the most recent edition of the Diagnostic and
6Statistical Manual of Mental Disorders of the American
7Psychiatric Association.
8    (l-1) The legislature recognizes that the best interests of
9the child require that the child be placed in the most
10permanent living arrangement as soon as is practically
11possible. To achieve this goal, the legislature directs the
12Department of Children and Family Services to conduct
13concurrent planning so that permanency may occur at the
14earliest opportunity. Permanent living arrangements may
15include prevention of placement of a child outside the home of
16the family when the child can be cared for at home without
17endangering the child's health or safety; reunification with
18the family, when safe and appropriate, if temporary placement
19is necessary; or movement of the child toward the most
20permanent living arrangement and permanent legal status.
21    When determining reasonable efforts to be made with respect
22to a child, as described in this subsection, and in making such
23reasonable efforts, the child's health and safety shall be the
24paramount concern.
25    When a child is placed in foster care, the Department shall
26ensure and document that reasonable efforts were made to



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1prevent or eliminate the need to remove the child from the
2child's home. The Department must make reasonable efforts to
3reunify the family when temporary placement of the child occurs
4unless otherwise required, pursuant to the Juvenile Court Act
5of 1987. At any time after the dispositional hearing where the
6Department believes that further reunification services would
7be ineffective, it may request a finding from the court that
8reasonable efforts are no longer appropriate. The Department is
9not required to provide further reunification services after
10such a finding.
11    A decision to place a child in substitute care shall be
12made with considerations of the child's health, safety, and
13best interests. At the time of placement, consideration should
14also be given so that if reunification fails or is delayed, the
15placement made is the best available placement to provide
16permanency for the child.
17    The Department shall adopt rules addressing concurrent
18planning for reunification and permanency. The Department
19shall consider the following factors when determining
20appropriateness of concurrent planning:
21        (1) the likelihood of prompt reunification;
22        (2) the past history of the family;
23        (3) the barriers to reunification being addressed by
24    the family;
25        (4) the level of cooperation of the family;
26        (5) the foster parents' willingness to work with the



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1    family to reunite;
2        (6) the willingness and ability of the foster family to
3    provide an adoptive home or long-term placement;
4        (7) the age of the child;
5        (8) placement of siblings.
6    (m) The Department may assume temporary custody of any
7child if:
8        (1) it has received a written consent to such temporary
9    custody signed by the parents of the child or by the parent
10    having custody of the child if the parents are not living
11    together or by the guardian or custodian of the child if
12    the child is not in the custody of either parent, or
13        (2) the child is found in the State and neither a
14    parent, guardian nor custodian of the child can be located.
15If the child is found in his or her residence without a parent,
16guardian, custodian or responsible caretaker, the Department
17may, instead of removing the child and assuming temporary
18custody, place an authorized representative of the Department
19in that residence until such time as a parent, guardian or
20custodian enters the home and expresses a willingness and
21apparent ability to ensure the child's health and safety and
22resume permanent charge of the child, or until a relative
23enters the home and is willing and able to ensure the child's
24health and safety and assume charge of the child until a
25parent, guardian or custodian enters the home and expresses
26such willingness and ability to ensure the child's safety and



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1resume permanent charge. After a caretaker has remained in the
2home for a period not to exceed 12 hours, the Department must
3follow those procedures outlined in Section 2-9, 3-11, 4-8, or
45-415 of the Juvenile Court Act of 1987.
5    The Department shall have the authority, responsibilities
6and duties that a legal custodian of the child would have
7pursuant to subsection (9) of Section 1-3 of the Juvenile Court
8Act of 1987. Whenever a child is taken into temporary custody
9pursuant to an investigation under the Abused and Neglected
10Child Reporting Act, or pursuant to a referral and acceptance
11under the Juvenile Court Act of 1987 of a minor in limited
12custody, the Department, during the period of temporary custody
13and before the child is brought before a judicial officer as
14required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile
15Court Act of 1987, shall have the authority, responsibilities
16and duties that a legal custodian of the child would have under
17subsection (9) of Section 1-3 of the Juvenile Court Act of
19    The Department shall ensure that any child taken into
20custody is scheduled for an appointment for a medical
22    A parent, guardian or custodian of a child in the temporary
23custody of the Department who would have custody of the child
24if he were not in the temporary custody of the Department may
25deliver to the Department a signed request that the Department
26surrender the temporary custody of the child. The Department



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1may retain temporary custody of the child for 10 days after the
2receipt of the request, during which period the Department may
3cause to be filed a petition pursuant to the Juvenile Court Act
4of 1987. If a petition is so filed, the Department shall retain
5temporary custody of the child until the court orders
6otherwise. If a petition is not filed within the 10 day period,
7the child shall be surrendered to the custody of the requesting
8parent, guardian or custodian not later than the expiration of
9the 10 day period, at which time the authority and duties of
10the Department with respect to the temporary custody of the
11child shall terminate.
12    (m-1) The Department may place children under 18 years of
13age in a secure child care facility licensed by the Department
14that cares for children who are in need of secure living
15arrangements for their health, safety, and well-being after a
16determination is made by the facility director and the Director
17or the Director's designate prior to admission to the facility
18subject to Section 2-27.1 of the Juvenile Court Act of 1987.
19This subsection (m-1) does not apply to a child who is subject
20to placement in a correctional facility operated pursuant to
21Section 3-15-2 of the Unified Code of Corrections, unless the
22child is a ward who was placed under the care of the Department
23before being subject to placement in a correctional facility
24and a court of competent jurisdiction has ordered placement of
25the child in a secure care facility.
26    (n) The Department may place children under 18 years of age



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1in licensed child care facilities when in the opinion of the
2Department, appropriate services aimed at family preservation
3have been unsuccessful and cannot ensure the child's health and
4safety or are unavailable and such placement would be for their
5best interest. Payment for board, clothing, care, training and
6supervision of any child placed in a licensed child care
7facility may be made by the Department, by the parents or
8guardians of the estates of those children, or by both the
9Department and the parents or guardians, except that no
10payments shall be made by the Department for any child placed
11in a licensed child care facility for board, clothing, care,
12training and supervision of such a child that exceed the
13average per capita cost of maintaining and of caring for a
14child in institutions for dependent or neglected children
15operated by the Department. However, such restriction on
16payments does not apply in cases where children require
17specialized care and treatment for problems of severe emotional
18disturbance, physical disability, social adjustment, or any
19combination thereof and suitable facilities for the placement
20of such children are not available at payment rates within the
21limitations set forth in this Section. All reimbursements for
22services delivered shall be absolutely inalienable by
23assignment, sale, attachment, garnishment or otherwise.
24    (n-1) The Department shall provide or authorize child
25welfare services, aimed at assisting minors to achieve
26sustainable self-sufficiency as independent adults, for any



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1minor eligible for the reinstatement of wardship pursuant to
2subsection (2) of Section 2-33 of the Juvenile Court Act of
31987, whether or not such reinstatement is sought or allowed,
4provided that the minor consents to such services and has not
5yet attained the age of 21. The Department shall have
6responsibility for the development and delivery of services
7under this Section. An eligible youth may access services under
8this Section through the Department of Children and Family
9Services or by referral from the Department of Human Services.
10Youth participating in services under this Section shall
11cooperate with the assigned case manager in developing an
12agreement identifying the services to be provided and how the
13youth will increase skills to achieve self-sufficiency. A
14homeless shelter is not considered appropriate housing for any
15youth receiving child welfare services under this Section. The
16Department shall continue child welfare services under this
17Section to any eligible minor until the minor becomes 21 years
18of age, no longer consents to participate, or achieves
19self-sufficiency as identified in the minor's service plan. The
20Department of Children and Family Services shall create clear,
21readable notice of the rights of former foster youth to child
22welfare services under this Section and how such services may
23be obtained. The Department of Children and Family Services and
24the Department of Human Services shall disseminate this
25information statewide. The Department shall adopt regulations
26describing services intended to assist minors in achieving



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1sustainable self-sufficiency as independent adults.
2    (o) The Department shall establish an administrative
3review and appeal process for children and families who request
4or receive child welfare services from the Department. Children
5who are wards of the Department and are placed by private child
6welfare agencies, and foster families with whom those children
7are placed, shall be afforded the same procedural and appeal
8rights as children and families in the case of placement by the
9Department, including the right to an initial review of a
10private agency decision by that agency. The Department shall
11insure that any private child welfare agency, which accepts
12wards of the Department for placement, affords those rights to
13children and foster families. The Department shall accept for
14administrative review and an appeal hearing a complaint made by
15(i) a child or foster family concerning a decision following an
16initial review by a private child welfare agency or (ii) a
17prospective adoptive parent who alleges a violation of
18subsection (j-5) of this Section. An appeal of a decision
19concerning a change in the placement of a child shall be
20conducted in an expedited manner. A court determination that a
21current foster home placement is necessary and appropriate
22under Section 2-28 of the Juvenile Court Act of 1987 does not
23constitute a judicial determination on the merits of an
24administrative appeal, filed by a former foster parent,
25involving a change of placement decision.
26    (p) There is hereby created the Department of Children and



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1Family Services Emergency Assistance Fund from which the
2Department may provide special financial assistance to
3families which are in economic crisis when such assistance is
4not available through other public or private sources and the
5assistance is deemed necessary to prevent dissolution of the
6family unit or to reunite families which have been separated
7due to child abuse and neglect. The Department shall establish
8administrative rules specifying the criteria for determining
9eligibility for and the amount and nature of assistance to be
10provided. The Department may also enter into written agreements
11with private and public social service agencies to provide
12emergency financial services to families referred by the
13Department. Special financial assistance payments shall be
14available to a family no more than once during each fiscal year
15and the total payments to a family may not exceed $500 during a
16fiscal year.
17    (q) The Department may receive and use, in their entirety,
18for the benefit of children any gift, donation or bequest of
19money or other property which is received on behalf of such
20children, or any financial benefits to which such children are
21or may become entitled while under the jurisdiction or care of
22the Department.
23    The Department shall set up and administer no-cost,
24interest-bearing accounts in appropriate financial
25institutions for children for whom the Department is legally
26responsible and who have been determined eligible for Veterans'



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1Benefits, Social Security benefits, assistance allotments from
2the armed forces, court ordered payments, parental voluntary
3payments, Supplemental Security Income, Railroad Retirement
4payments, Black Lung benefits, or other miscellaneous
5payments. Interest earned by each account shall be credited to
6the account, unless disbursed in accordance with this
8    In disbursing funds from children's accounts, the
9Department shall:
10        (1) Establish standards in accordance with State and
11    federal laws for disbursing money from children's
12    accounts. In all circumstances, the Department's
13    "Guardianship Administrator" or his or her designee must
14    approve disbursements from children's accounts. The
15    Department shall be responsible for keeping complete
16    records of all disbursements for each account for any
17    purpose.
18        (2) Calculate on a monthly basis the amounts paid from
19    State funds for the child's board and care, medical care
20    not covered under Medicaid, and social services; and
21    utilize funds from the child's account, as covered by
22    regulation, to reimburse those costs. Monthly,
23    disbursements from all children's accounts, up to 1/12 of
24    $13,000,000, shall be deposited by the Department into the
25    General Revenue Fund and the balance over 1/12 of
26    $13,000,000 into the DCFS Children's Services Fund.



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1        (3) Maintain any balance remaining after reimbursing
2    for the child's costs of care, as specified in item (2).
3    The balance shall accumulate in accordance with relevant
4    State and federal laws and shall be disbursed to the child
5    or his or her guardian, or to the issuing agency.
6    (r) The Department shall promulgate regulations
7encouraging all adoption agencies to voluntarily forward to the
8Department or its agent names and addresses of all persons who
9have applied for and have been approved for adoption of a
10hard-to-place or handicapped child and the names of such
11children who have not been placed for adoption. A list of such
12names and addresses shall be maintained by the Department or
13its agent, and coded lists which maintain the confidentiality
14of the person seeking to adopt the child and of the child shall
15be made available, without charge, to every adoption agency in
16the State to assist the agencies in placing such children for
17adoption. The Department may delegate to an agent its duty to
18maintain and make available such lists. The Department shall
19ensure that such agent maintains the confidentiality of the
20person seeking to adopt the child and of the child.
21    (s) The Department of Children and Family Services may
22establish and implement a program to reimburse Department and
23private child welfare agency foster parents licensed by the
24Department of Children and Family Services for damages
25sustained by the foster parents as a result of the malicious or
26negligent acts of foster children, as well as providing third



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1party coverage for such foster parents with regard to actions
2of foster children to other individuals. Such coverage will be
3secondary to the foster parent liability insurance policy, if
4applicable. The program shall be funded through appropriations
5from the General Revenue Fund, specifically designated for such
7    (t) The Department shall perform home studies and
8investigations and shall exercise supervision over visitation
9as ordered by a court pursuant to the Illinois Marriage and
10Dissolution of Marriage Act or the Adoption Act only if:
11        (1) an order entered by an Illinois court specifically
12    directs the Department to perform such services; and
13        (2) the court has ordered one or both of the parties to
14    the proceeding to reimburse the Department for its
15    reasonable costs for providing such services in accordance
16    with Department rules, or has determined that neither party
17    is financially able to pay.
18    The Department shall provide written notification to the
19court of the specific arrangements for supervised visitation
20and projected monthly costs within 60 days of the court order.
21The Department shall send to the court information related to
22the costs incurred except in cases where the court has
23determined the parties are financially unable to pay. The court
24may order additional periodic reports as appropriate.
25    (u) In addition to other information that must be provided,
26whenever the Department places a child with a prospective



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1adoptive parent or parents or in a licensed foster home, group
2home, child care institution, or in a relative home, the
3Department shall provide to the prospective adoptive parent or
4parents or other caretaker:
5        (1) available detailed information concerning the
6    child's educational and health history, copies of
7    immunization records (including insurance and medical card
8    information), a history of the child's previous
9    placements, if any, and reasons for placement changes
10    excluding any information that identifies or reveals the
11    location of any previous caretaker;
12        (2) a copy of the child's portion of the client service
13    plan, including any visitation arrangement, and all
14    amendments or revisions to it as related to the child; and
15        (3) information containing details of the child's
16    individualized educational plan when the child is
17    receiving special education services.
18    The caretaker shall be informed of any known social or
19behavioral information (including, but not limited to,
20criminal background, fire setting, perpetuation of sexual
21abuse, destructive behavior, and substance abuse) necessary to
22care for and safeguard the children to be placed or currently
23in the home. The Department may prepare a written summary of
24the information required by this paragraph, which may be
25provided to the foster or prospective adoptive parent in
26advance of a placement. The foster or prospective adoptive



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1parent may review the supporting documents in the child's file
2in the presence of casework staff. In the case of an emergency
3placement, casework staff shall at least provide known
4information verbally, if necessary, and must subsequently
5provide the information in writing as required by this
7    The information described in this subsection shall be
8provided in writing. In the case of emergency placements when
9time does not allow prior review, preparation, and collection
10of written information, the Department shall provide such
11information as it becomes available. Within 10 business days
12after placement, the Department shall obtain from the
13prospective adoptive parent or parents or other caretaker a
14signed verification of receipt of the information provided.
15Within 10 business days after placement, the Department shall
16provide to the child's guardian ad litem a copy of the
17information provided to the prospective adoptive parent or
18parents or other caretaker. The information provided to the
19prospective adoptive parent or parents or other caretaker shall
20be reviewed and approved regarding accuracy at the supervisory
22    (u-5) Effective July 1, 1995, only foster care placements
23licensed as foster family homes pursuant to the Child Care Act
24of 1969 shall be eligible to receive foster care payments from
25the Department. Relative caregivers who, as of July 1, 1995,
26were approved pursuant to approved relative placement rules



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1previously promulgated by the Department at 89 Ill. Adm. Code
2335 and had submitted an application for licensure as a foster
3family home may continue to receive foster care payments only
4until the Department determines that they may be licensed as a
5foster family home or that their application for licensure is
6denied or until September 30, 1995, whichever occurs first.
7    (v) The Department shall access criminal history record
8information as defined in the Illinois Uniform Conviction
9Information Act and information maintained in the adjudicatory
10and dispositional record system as defined in Section 2605-355
11of the Department of State Police Law (20 ILCS 2605/2605-355)
12if the Department determines the information is necessary to
13perform its duties under the Abused and Neglected Child
14Reporting Act, the Child Care Act of 1969, and the Children and
15Family Services Act. The Department shall provide for
16interactive computerized communication and processing
17equipment that permits direct on-line communication with the
18Department of State Police's central criminal history data
19repository. The Department shall comply with all certification
20requirements and provide certified operators who have been
21trained by personnel from the Department of State Police. In
22addition, one Office of the Inspector General investigator
23shall have training in the use of the criminal history
24information access system and have access to the terminal. The
25Department of Children and Family Services and its employees
26shall abide by rules and regulations established by the



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1Department of State Police relating to the access and
2dissemination of this information.
3    (v-1) Prior to final approval for placement of a child, the
4Department shall conduct a criminal records background check of
5the prospective foster or adoptive parent, including
6fingerprint-based checks of national crime information
7databases. Final approval for placement shall not be granted if
8the record check reveals a felony conviction for child abuse or
9neglect, for spousal abuse, for a crime against children, or
10for a crime involving violence, including rape, sexual assault,
11or homicide, but not including other physical assault or
12battery, or if there is a felony conviction for physical
13assault, battery, or a drug-related offense committed within
14the past 5 years.
15    (v-2) Prior to final approval for placement of a child, the
16Department shall check its child abuse and neglect registry for
17information concerning prospective foster and adoptive
18parents, and any adult living in the home. If any prospective
19foster or adoptive parent or other adult living in the home has
20resided in another state in the preceding 5 years, the
21Department shall request a check of that other state's child
22abuse and neglect registry.
23    (w) Within 120 days of August 20, 1995 (the effective date
24of Public Act 89-392), the Department shall prepare and submit
25to the Governor and the General Assembly, a written plan for
26the development of in-state licensed secure child care



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1facilities that care for children who are in need of secure
2living arrangements for their health, safety, and well-being.
3For purposes of this subsection, secure care facility shall
4mean a facility that is designed and operated to ensure that
5all entrances and exits from the facility, a building or a
6distinct part of the building, are under the exclusive control
7of the staff of the facility, whether or not the child has the
8freedom of movement within the perimeter of the facility,
9building, or distinct part of the building. The plan shall
10include descriptions of the types of facilities that are needed
11in Illinois; the cost of developing these secure care
12facilities; the estimated number of placements; the potential
13cost savings resulting from the movement of children currently
14out-of-state who are projected to be returned to Illinois; the
15necessary geographic distribution of these facilities in
16Illinois; and a proposed timetable for development of such
18    (x) The Department shall conduct annual credit history
19checks to determine the financial history of children placed
20under its guardianship pursuant to the Juvenile Court Act of
211987. The Department shall conduct such credit checks starting
22when a ward turns 12 years old and each year thereafter for the
23duration of the guardianship as terminated pursuant to the
24Juvenile Court Act of 1987. The Department shall determine if
25financial exploitation of the child's personal information has
26occurred. If financial exploitation appears to have taken place



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1or is presently ongoing, the Department shall notify the proper
2law enforcement agency, the proper State's Attorney, or the
3Attorney General.
4    (y) Beginning on the effective date of this amendatory Act
5of the 96th General Assembly, a child with a disability who
6receives residential and educational services from the
7Department shall be eligible to receive transition services in
8accordance with Article 14 of the School Code from the age of
914.5 through age 21, inclusive, notwithstanding the child's
10residential services arrangement. For purposes of this
11subsection, "child with a disability" means a child with a
12disability as defined by the federal Individuals with
13Disabilities Education Improvement Act of 2004.
14(Source: P.A. 96-134, eff. 8-7-09; 96-581, eff. 1-1-10; 96-600,
15eff. 8-21-09; 96-619, eff. 1-1-10; 96-760, eff. 1-1-10;
1696-1000, eff. 7-2-10; 96-1189, eff. 7-22-10; 97-1150, eff.
18    Section 10. The Juvenile Court Act of 1987 is amended by
19changing Sections 1-3 and 1-5 as follows:
20    (705 ILCS 405/1-3)  (from Ch. 37, par. 801-3)
21    Sec. 1-3. Definitions. Terms used in this Act, unless the
22context otherwise requires, have the following meanings
23ascribed to them:
24    (1) "Adjudicatory hearing" means a hearing to determine



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1whether the allegations of a petition under Section 2-13, 3-15
2or 4-12 that a minor under 18 years of age is abused, neglected
3or dependent, or requires authoritative intervention, or
4addicted, respectively, are supported by a preponderance of the
5evidence or whether the allegations of a petition under Section
65-520 that a minor is delinquent are proved beyond a reasonable
8    (2) "Adult" means a person 21 years of age or older.
9    (3) "Agency" means a public or private child care facility
10legally authorized or licensed by this State for placement or
11institutional care or for both placement and institutional
13    (4) "Association" means any organization, public or
14private, engaged in welfare functions which include services to
15or on behalf of children but does not include "agency" as
16herein defined.
17    (4.05) Whenever a "best interest" determination is
18required, the following factors shall be considered in the
19context of the child's age and developmental needs:
20        (a) the physical safety and welfare of the child,
21    including food, shelter, health, and clothing;
22        (b) the development of the child's identity;
23        (c) the child's background and ties, including
24    familial, cultural, and religious;
25        (d) the child's sense of attachments, including:
26            (i) where the child actually feels love,



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1        attachment, and a sense of being valued (as opposed to
2        where adults believe the child should feel such love,
3        attachment, and a sense of being valued);
4            (ii) the child's sense of security;
5            (iii) the child's sense of familiarity;
6            (iv) continuity of affection for the child;
7            (v) the least disruptive placement alternative for
8        the child;
9        (e) the child's wishes and long-term goals;
10        (f) the child's community ties, including church,
11    school, and friends;
12        (g) the child's need for permanence which includes the
13    child's need for stability and continuity of relationships
14    with parent figures and with siblings and other relatives;
15        (h) the uniqueness of every family and child;
16        (i) the risks attendant to entering and being in
17    substitute care; and
18        (j) the preferences of the persons available to care
19    for the child.
20    (4.1) "Chronic truant" shall have the definition ascribed
21to it in Section 26-2a of the School Code.
22    (5) "Court" means the circuit court in a session or
23division assigned to hear proceedings under this Act.
24    (6) "Dispositional hearing" means a hearing to determine
25whether a minor should be adjudged to be a ward of the court,
26and to determine what order of disposition should be made in



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1respect to a minor adjudged to be a ward of the court.
2    (7) "Emancipated minor" means any minor 16 years of age or
3over who has been completely or partially emancipated under the
4Emancipation of Minors Act or under this Act.
5    (7.05) "Foster parent" includes a relative caregiver.
6    (8) "Guardianship of the person" of a minor means the duty
7and authority to act in the best interests of the minor,
8subject to residual parental rights and responsibilities, to
9make important decisions in matters having a permanent effect
10on the life and development of the minor and to be concerned
11with his or her general welfare. It includes but is not
12necessarily limited to:
13        (a) the authority to consent to marriage, to enlistment
14    in the armed forces of the United States, or to a major
15    medical, psychiatric, and surgical treatment; to represent
16    the minor in legal actions; and to make other decisions of
17    substantial legal significance concerning the minor;
18        (b) the authority and duty of reasonable visitation,
19    except to the extent that these have been limited in the
20    best interests of the minor by court order;
21        (c) the rights and responsibilities of legal custody
22    except where legal custody has been vested in another
23    person or agency; and
24        (d) the power to consent to the adoption of the minor,
25    but only if expressly conferred on the guardian in
26    accordance with Section 2-29, 3-30, or 4-27.



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1    (9) "Legal custody" means the relationship created by an
2order of court in the best interests of the minor which imposes
3on the custodian the responsibility of physical possession of a
4minor and the duty to protect, train and discipline him and to
5provide him with food, shelter, education and ordinary medical
6care, except as these are limited by residual parental rights
7and responsibilities and the rights and responsibilities of the
8guardian of the person, if any.
9    (9.1) "Mentally capable adult relative" means a person 21
10years of age or older who is not suffering from a mental
11illness that prevents him or her from providing the care
12necessary to safeguard the physical safety and welfare of a
13minor who is left in that person's care by the parent or
14parents or other person responsible for the minor's welfare.
15    (10) "Minor" means a person under the age of 21 years
16subject to this Act.
17    (11) "Parent" means the father or mother of a child and
18includes any adoptive parent. It also includes a man (i) whose
19paternity is presumed or has been established under the law of
20this or another jurisdiction or (ii) who has registered with
21the Putative Father Registry in accordance with Section 12.1 of
22the Adoption Act and whose paternity has not been ruled out
23under the law of this or another jurisdiction. It does not
24include a parent whose rights in respect to the minor have been
25terminated in any manner provided by law. It does not include a
26person who has been or could be determined to be a parent under



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1the Illinois Parentage Act of 1984, or similar parentage law in
2any other state, if that person has been convicted of or pled
3nolo contendere to a crime that resulted in the conception of
4the child under Section 11-1.20, 11-1.30, 11-1.40, 11-11,
512-13, 12-14, 12-14.1, subsection (a) or (b) (but not
6subsection (c)) of Section 11-1.50 or 12-15, or subsection (a),
7(b), (c), (e), or (f) (but not subsection (d)) of Section
811-1.60 or 12-16 of the Criminal Code of 1961 or the Criminal
9Code of 2012, or similar statute in another jurisdiction unless
10upon motion of any party, other than the offender, to the
11juvenile court proceedings the court finds it is in the child's
12best interest to deem the offender a parent for purposes of the
13juvenile court proceedings.
14    (11.1) "Permanency goal" means a goal set by the court as
15defined in subdivision (2) of Section 2-28.
16    (11.2) "Permanency hearing" means a hearing to set the
17permanency goal and to review and determine (i) the
18appropriateness of the services contained in the plan and
19whether those services have been provided, (ii) whether
20reasonable efforts have been made by all the parties to the
21service plan to achieve the goal, and (iii) whether the plan
22and goal have been achieved.
23    (12) "Petition" means the petition provided for in Section
242-13, 3-15, 4-12 or 5-520, including any supplemental petitions
25thereunder in Section 3-15, 4-12 or 5-520.
26    (12.1) "Physically capable adult relative" means a person



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121 years of age or older who does not have a severe physical
2disability or medical condition, or is not suffering from
3alcoholism or drug addiction, that prevents him or her from
4providing the care necessary to safeguard the physical safety
5and welfare of a minor who is left in that person's care by the
6parent or parents or other person responsible for the minor's
8    (12.2) "Post Permanency Sibling Contact Agreement" has the
9meaning ascribed to the term in Section 7.4 of the Children and
10Family Services Act.
11    (13) "Residual parental rights and responsibilities" means
12those rights and responsibilities remaining with the parent
13after the transfer of legal custody or guardianship of the
14person, including, but not necessarily limited to, the right to
15reasonable visitation (which may be limited by the court in the
16best interests of the minor as provided in subsection (8)(b) of
17this Section), the right to consent to adoption, the right to
18determine the minor's religious affiliation, and the
19responsibility for his support.
20    (14) "Shelter" means the temporary care of a minor in
21physically unrestricting facilities pending court disposition
22or execution of court order for placement.
23    (14.1) "Sibling Contact Support Plan" has the meaning
24ascribed to the term in Section 7.4 of the Children and Family
25Services Act.
26    (15) "Station adjustment" means the informal handling of an



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1alleged offender by a juvenile police officer.
2    (16) "Ward of the court" means a minor who is so adjudged
3under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
4requisite jurisdictional facts, and thus is subject to the
5dispositional powers of the court under this Act.
6    (17) "Juvenile police officer" means a sworn police officer
7who has completed a Basic Recruit Training Course, has been
8assigned to the position of juvenile police officer by his or
9her chief law enforcement officer and has completed the
10necessary juvenile officers training as prescribed by the
11Illinois Law Enforcement Training Standards Board, or in the
12case of a State police officer, juvenile officer training
13approved by the Director of the Department of State Police.
14    (18) "Secure child care facility" means any child care
15facility licensed by the Department of Children and Family
16Services to provide secure living arrangements for children
17under 18 years of age who are subject to placement in
18facilities under the Children and Family Services Act and who
19are not subject to placement in facilities for whom standards
20are established by the Department of Corrections under Section
213-15-2 of the Unified Code of Corrections. "Secure child care
22facility" also means a facility that is designed and operated
23to ensure that all entrances and exits from the facility, a
24building, or a distinct part of the building are under the
25exclusive control of the staff of the facility, whether or not
26the child has the freedom of movement within the perimeter of



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1the facility, building, or distinct part of the building.
2(Source: P.A. 96-168, eff. 8-10-09; 97-568, eff. 8-25-11;
397-1076, eff. 8-24-12; 97-1150, eff. 1-25-13.)
4    (705 ILCS 405/1-5)  (from Ch. 37, par. 801-5)
5    Sec. 1-5. Rights of parties to proceedings.
6    (1) Except as provided in this Section and paragraph (2) of
7Sections 2-22, 3-23, 4-20, 5-610 or 5-705, the minor who is the
8subject of the proceeding and his parents, guardian, legal
9custodian or responsible relative who are parties respondent
10have the right to be present, to be heard, to present evidence
11material to the proceedings, to cross-examine witnesses, to
12examine pertinent court files and records and also, although
13proceedings under this Act are not intended to be adversary in
14character, the right to be represented by counsel. At the
15request of any party financially unable to employ counsel, with
16the exception of a foster parent permitted to intervene under
17this Section, the court shall appoint the Public Defender or
18such other counsel as the case may require. Counsel appointed
19for the minor and any indigent party shall appear at all stages
20of the trial court proceeding, and such appointment shall
21continue through the permanency hearings and termination of
22parental rights proceedings subject to withdrawal or
23substitution pursuant to Supreme Court Rules or the Code of
24Civil Procedure. Following the dispositional hearing, the
25court may require appointed counsel, other than counsel for the



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1minor or counsel for the guardian ad litem, to withdraw his or
2her appearance upon failure of the party for whom counsel was
3appointed under this Section to attend any subsequent
5    No hearing on any petition or motion filed under this Act
6may be commenced unless the minor who is the subject of the
7proceeding is represented by counsel. Notwithstanding the
8preceding sentence, if a guardian ad litem has been appointed
9for the minor under Section 2-17 of this Act and the guardian
10ad litem is a licensed attorney at law of this State, or in the
11event that a court appointed special advocate has been
12appointed as guardian ad litem and counsel has been appointed
13to represent the court appointed special advocate, the court
14may not require the appointment of counsel to represent the
15minor unless the court finds that the minor's interests are in
16conflict with what the guardian ad litem determines to be in
17the best interest of the minor. Each adult respondent shall be
18furnished a written "Notice of Rights" at or before the first
19hearing at which he or she appears.
20    (1.5) The Department shall maintain a system of response to
21inquiry made by parents or putative parents as to whether their
22child is under the custody or guardianship of the Department;
23and if so, the Department shall direct the parents or putative
24parents to the appropriate court of jurisdiction, including
25where inquiry may be made of the clerk of the court regarding
26the case number and the next scheduled court date of the



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1minor's case. Effective notice and the means of accessing
2information shall be given to the public on a continuing basis
3by the Department.
4    (2) (a) Though not appointed guardian or legal custodian or
5otherwise made a party to the proceeding, any current or
6previously appointed foster parent or relative caregiver, or
7representative of an agency or association interested in the
8minor has the right to be heard by the court, but does not
9thereby become a party to the proceeding.
10    In addition to the foregoing right to be heard by the
11court, any current foster parent or relative caregiver of a
12minor and the agency designated by the court or the Department
13of Children and Family Services as custodian of the minor who
14is alleged to be or has been adjudicated an abused or neglected
15minor under Section 2-3 or a dependent minor under Section 2-4
16of this Act has the right to and shall be given adequate notice
17at all stages of any hearing or proceeding under this Act.
18    Any foster parent or relative caregiver who is denied his
19or her right to be heard under this Section may bring a
20mandamus action under Article XIV of the Code of Civil
21Procedure against the court or any public agency to enforce
22that right. The mandamus action may be brought immediately upon
23the denial of those rights but in no event later than 30 days
24after the foster parent has been denied the right to be heard.
25    (b) If after an adjudication that a minor is abused or
26neglected as provided under Section 2-21 of this Act and a



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1motion has been made to restore the minor to any parent,
2guardian, or legal custodian found by the court to have caused
3the neglect or to have inflicted the abuse on the minor, a
4foster parent may file a motion to intervene in the proceeding
5for the sole purpose of requesting that the minor be placed
6with the foster parent, provided that the foster parent (i) is
7the current foster parent of the minor or (ii) has previously
8been a foster parent for the minor for one year or more, has a
9foster care license or is eligible for a license or is not
10required to have a license, and is not the subject of any
11findings of abuse or neglect of any child. The juvenile court
12may only enter orders placing a minor with a specific foster
13parent under this subsection (2)(b) and nothing in this Section
14shall be construed to confer any jurisdiction or authority on
15the juvenile court to issue any other orders requiring the
16appointed guardian or custodian of a minor to place the minor
17in a designated foster home or facility. This Section is not
18intended to encompass any matters that are within the scope or
19determinable under the administrative and appeal process
20established by rules of the Department of Children and Family
21Services under Section 5(o) of the Children and Family Services
22Act. Nothing in this Section shall relieve the court of its
23responsibility, under Section 2-14(a) of this Act to act in a
24just and speedy manner to reunify families where it is the best
25interests of the minor and the child can be cared for at home
26without endangering the child's health or safety and, if



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1reunification is not in the best interests of the minor, to
2find another permanent home for the minor. Nothing in this
3Section, or in any order issued by the court with respect to
4the placement of a minor with a foster parent, shall impair the
5ability of the Department of Children and Family Services, or
6anyone else authorized under Section 5 of the Abused and
7Neglected Child Reporting Act, to remove a minor from the home
8of a foster parent if the Department of Children and Family
9Services or the person removing the minor has reason to believe
10that the circumstances or conditions of the minor are such that
11continuing in the residence or care of the foster parent will
12jeopardize the child's health and safety or present an imminent
13risk of harm to that minor's life.
14    (c) If a foster parent has had the minor who is the subject
15of the proceeding under Article II in his or her home for more
16than one year on or after July 3, 1994 and if the minor's
17placement is being terminated from that foster parent's home,
18that foster parent shall have standing and intervenor status
19except in those circumstances where the Department of Children
20and Family Services or anyone else authorized under Section 5
21of the Abused and Neglected Child Reporting Act has removed the
22minor from the foster parent because of a reasonable belief
23that the circumstances or conditions of the minor are such that
24continuing in the residence or care of the foster parent will
25jeopardize the child's health or safety or presents an imminent
26risk of harm to the minor's life.



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1    (d) The court may grant standing to any foster parent if
2the court finds that it is in the best interest of the child
3for the foster parent to have standing and intervenor status.
4    (3) Parties respondent are entitled to notice in compliance
5with Sections 2-15 and 2-16, 3-17 and 3-18, 4-14 and 4-15 or
65-525 and 5-530, as appropriate. At the first appearance before
7the court by the minor, his parents, guardian, custodian or
8responsible relative, the court shall explain the nature of the
9proceedings and inform the parties of their rights under the
10first 2 paragraphs of this Section.
11    If the child is alleged to be abused, neglected or
12dependent, the court shall admonish the parents that if the
13court declares the child to be a ward of the court and awards
14custody or guardianship to the Department of Children and
15Family Services, the parents must cooperate with the Department
16of Children and Family Services, comply with the terms of the
17service plans, and correct the conditions that require the
18child to be in care, or risk termination of their parental
20    Upon an adjudication of wardship of the court under
21Sections 2-22, 3-23, 4-20 or 5-705, the court shall inform the
22parties of their right to appeal therefrom as well as from any
23other final judgment of the court.
24    When the court finds that a child is an abused, neglected,
25or dependent minor under Section 2-21, the court shall admonish
26the parents that the parents must cooperate with the Department



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1of Children and Family Services, comply with the terms of the
2service plans, and correct the conditions that require the
3child to be in care, or risk termination of their parental
5    When the court declares a child to be a ward of the court
6and awards guardianship to the Department of Children and
7Family Services under Section 2-22, the court shall admonish
8the parents, guardian, custodian, or responsible relative that
9the parents must cooperate with the Department of Children and
10Family Services, comply with the terms of the service plans,
11and correct the conditions that require the child to be in
12care, or risk termination of their parental rights.
13    (4) No sanction may be applied against the minor who is the
14subject of the proceedings by reason of his refusal or failure
15to testify in the course of any hearing held prior to final
16adjudication under Section 2-22, 3-23, 4-20 or 5-705.
17    (5) In the discretion of the court, the minor may be
18excluded from any part or parts of a dispositional hearing and,
19with the consent of the parent or parents, guardian, counsel or
20a guardian ad litem, from any part or parts of an adjudicatory
22    (6) The general public except for the news media and the
23crime victim, as defined in Section 3 of the Rights of Crime
24Victims and Witnesses Act, shall be excluded from any hearing
25and, except for the persons specified in this Section only
26persons, including representatives of agencies and



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1associations, who in the opinion of the court have a direct
2interest in the case or in the work of the court shall be
3admitted to the hearing. However, the court may, for the
4minor's safety and protection and for good cause shown,
5prohibit any person or agency present in court from further
6disclosing the minor's identity. Nothing in this subsection (6)
7prevents the court from allowing other juveniles to be present
8or to participate in a court session being held under the
9Juvenile Drug Court Treatment Act.
10    (7) A party shall not be entitled to exercise the right to
11a substitution of a judge without cause under subdivision
12(a)(2) of Section 2-1001 of the Code of Civil Procedure in a
13proceeding under this Act if the judge is currently assigned to
14a proceeding involving the alleged abuse, neglect, or
15dependency of the minor's sibling or half sibling and that
16judge has made a substantive ruling in the proceeding involving
17the minor's sibling or half sibling.
18(Source: P.A. 93-539, eff. 8-18-03; 94-271, eff. 1-1-06.)".