Full Text of HB2659 98th General Assembly
HB2659ham002 98TH GENERAL ASSEMBLY | Rep. William Davis Filed: 3/21/2013
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| 1 | | AMENDMENT TO HOUSE BILL 2659
| 2 | | AMENDMENT NO. ______. Amend House Bill 2659 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Children and Family Services Act is amended | 5 | | by changing Section 5 as follows:
| 6 | | (20 ILCS 505/5) (from Ch. 23, par. 5005)
| 7 | | Sec. 5. Direct child welfare services; Department of | 8 | | Children and Family
Services. To provide direct child welfare | 9 | | services when not available
through other public or private | 10 | | child 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 | 19 | | the
expenditure of public funds for the purpose of performing | 20 | | abortions.
| 21 | | (c) The Department shall establish and maintain | 22 | | tax-supported child
welfare services and extend and seek to | 23 | | improve voluntary services
throughout the State, to the end | 24 | | that services and care shall be available
on an equal basis | 25 | | throughout the State to children requiring such services.
| 26 | | (d) The Director may authorize advance disbursements for |
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| 1 | | any new program
initiative to any agency contracting with the | 2 | | Department. As a
prerequisite for an advance disbursement, the | 3 | | contractor must post a
surety bond in the amount of the advance | 4 | | disbursement and have a
purchase of service contract approved | 5 | | by the Department. The Department
may pay up to 2 months | 6 | | operational expenses in advance. The amount of the
advance | 7 | | disbursement shall be prorated over the life of the contract
or | 8 | | the remaining months of the fiscal year, whichever is less, and | 9 | | the
installment amount shall then be deducted from future | 10 | | bills. Advance
disbursement authorizations for new initiatives | 11 | | shall not be made to any
agency after that agency has operated | 12 | | during 2 consecutive fiscal years.
The requirements of this | 13 | | Section concerning advance disbursements shall
not apply with | 14 | | respect to the following: payments to local public agencies
for | 15 | | child day care services as authorized by Section 5a of this | 16 | | Act; and
youth service programs receiving grant funds under | 17 | | Section 17a-4.
| 18 | | (e) (Blank).
| 19 | | (f) (Blank).
| 20 | | (g) The Department shall establish rules and regulations | 21 | | concerning
its operation of programs designed to meet the goals | 22 | | of child safety and
protection,
family preservation, family | 23 | | reunification, 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 | 12 | | include
provisions for training Department staff and the staff | 13 | | of Department
grantees, through contracts with other agencies | 14 | | or resources, in alcohol
and drug abuse screening techniques | 15 | | approved by the Department of Human
Services, as a successor to | 16 | | the Department of Alcoholism and Substance Abuse,
for the | 17 | | purpose of identifying children and adults who
should be | 18 | | referred to an alcohol and drug abuse treatment program for
| 19 | | professional evaluation.
| 20 | | (h) If the Department finds that there is no appropriate | 21 | | program or
facility within or available to the Department for a | 22 | | ward and that no
licensed private facility has an adequate and | 23 | | appropriate program or none
agrees to accept the ward, the | 24 | | Department shall create an appropriate
individualized, | 25 | | program-oriented plan for such ward. The
plan may be developed | 26 | | within the Department or through purchase of services
by the |
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| 1 | | Department to the extent that it is within its statutory | 2 | | authority
to do.
| 3 | | (i) Service programs shall be available throughout the | 4 | | State and shall
include but not be limited to the following | 5 | | services:
| 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 | 13 | | to 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 | 19 | | services it
makes available to children or families or for | 20 | | which it refers children
or families.
| 21 | | (j) The Department may provide categories of financial | 22 | | assistance and
education assistance grants, and shall
| 23 | | establish rules and regulations concerning the assistance and | 24 | | grants, to
persons who
adopt physically or mentally | 25 | | handicapped, older and other hard-to-place
children who (i) | 26 | | immediately prior to their adoption were legal wards of
the |
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| 1 | | Department
or (ii) were determined eligible for financial | 2 | | assistance with respect to a
prior adoption and who become | 3 | | available for adoption because the
prior adoption has been | 4 | | dissolved and the parental rights of the adoptive
parents have | 5 | | been
terminated or because the child's adoptive parents have | 6 | | died.
The Department may continue to provide financial | 7 | | assistance and education assistance grants for a child who was | 8 | | determined eligible for financial assistance under this | 9 | | subsection (j) in the interim period beginning when the child's | 10 | | adoptive parents died and ending with the finalization of the | 11 | | new adoption of the child by another adoptive parent or | 12 | | parents. The Department may also provide categories of | 13 | | financial
assistance and education assistance grants, and
| 14 | | shall establish rules and regulations for the assistance and | 15 | | grants, to persons
appointed guardian of the person under | 16 | | Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, | 17 | | 4-25 or 5-740 of the Juvenile Court Act of 1987
for children | 18 | | who were wards of the Department for 12 months immediately
| 19 | | prior to the appointment of the guardian.
| 20 | | The amount of assistance may vary, depending upon the needs | 21 | | of the child
and the adoptive parents,
as set forth in the | 22 | | annual
assistance agreement. Special purpose grants are | 23 | | allowed where the child
requires special service but such costs | 24 | | may not exceed the amounts
which similar services would cost | 25 | | the Department if it were to provide or
secure them as guardian | 26 | | of the child.
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| 1 | | Any financial assistance provided under this subsection is
| 2 | | inalienable by assignment, sale, execution, attachment, | 3 | | garnishment, or any
other remedy for recovery or collection of | 4 | | a judgment or debt.
| 5 | | (j-5) The Department shall not deny or delay the placement | 6 | | of a child for
adoption
if an approved family is available | 7 | | either outside of the Department region
handling the case,
or | 8 | | outside of the State of Illinois.
| 9 | | (k) The Department shall accept for care and training any | 10 | | child who has
been adjudicated neglected or abused, or | 11 | | dependent committed to it pursuant
to the Juvenile Court Act or | 12 | | the Juvenile Court Act of 1987.
| 13 | | (l) The Department shall
offer family preservation | 14 | | services, as defined in Section 8.2 of the Abused
and
Neglected | 15 | | Child
Reporting Act, to help families, including adoptive and | 16 | | extended families.
Family preservation
services shall be | 17 | | offered (i) to prevent the
placement
of children in
substitute | 18 | | care when the children can be cared for at home or in the | 19 | | custody of
the person
responsible for the children's welfare,
| 20 | | (ii) to
reunite children with their families, or (iii) to
| 21 | | maintain an adoptive placement. Family preservation services | 22 | | shall only be
offered when doing so will not endanger the | 23 | | children's health or safety. With
respect to children who are | 24 | | in substitute care pursuant to the Juvenile Court
Act of 1987, | 25 | | family preservation services shall not be offered if a goal | 26 | | other
than those of subdivisions (A), (B), or (B-1) of |
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| 1 | | subsection (2) of Section 2-28
of
that Act has been set.
| 2 | | Nothing in this paragraph shall be construed to create a | 3 | | private right of
action or claim on the part of any individual | 4 | | or child welfare agency, except that when a child is the | 5 | | subject of an action under Article II of the Juvenile Court Act | 6 | | of 1987 and the child's service plan calls for services to | 7 | | facilitate achievement of the permanency goal, the court | 8 | | hearing the action under Article II of the Juvenile Court Act | 9 | | of 1987 may order the Department to provide the services set | 10 | | out in the plan, if those services are not provided with | 11 | | reasonable promptness and if those services are available.
| 12 | | The Department shall notify the child and his family of the
| 13 | | Department's
responsibility to offer and provide family | 14 | | preservation services as
identified in the service plan. The | 15 | | child and his family shall be eligible
for services as soon as | 16 | | the report is determined to be "indicated". The
Department may | 17 | | offer services to any child or family with respect to whom a
| 18 | | report of suspected child abuse or neglect has been filed, | 19 | | prior to
concluding its investigation under Section 7.12 of the | 20 | | Abused and Neglected
Child Reporting Act. However, the child's | 21 | | or family's willingness to
accept services shall not be | 22 | | considered in the investigation. The
Department may also | 23 | | provide services to any child or family who is the
subject of | 24 | | any report of suspected child abuse or neglect or may refer | 25 | | such
child or family to services available from other agencies | 26 | | in the community,
even if the report is determined to be |
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| 1 | | unfounded, if the conditions in the
child's or family's home | 2 | | are reasonably likely to subject the child or
family to future | 3 | | reports of suspected child abuse or neglect. Acceptance
of such | 4 | | services shall be voluntary. The Department may also provide | 5 | | services to any child or family after completion of a family | 6 | | assessment, as an alternative to an investigation, as provided | 7 | | under the "differential response program" provided for in | 8 | | subsection (a-5) of Section 7.4 of the Abused and Neglected | 9 | | Child Reporting Act.
| 10 | | The Department may, at its discretion except for those | 11 | | children also
adjudicated neglected or dependent, accept for | 12 | | care and training any child
who has been adjudicated addicted, | 13 | | as a truant minor in need of
supervision or as a minor | 14 | | requiring authoritative intervention, under the
Juvenile Court | 15 | | Act or the Juvenile Court Act of 1987, but no such child
shall | 16 | | be committed to the Department by any court without the | 17 | | approval of
the Department. A minor charged with a criminal | 18 | | offense under the Criminal
Code of 1961 or the Criminal Code of | 19 | | 2012 or adjudicated delinquent shall not be placed in the | 20 | | custody of or
committed to the Department by any court, except | 21 | | (i) a minor less than 15 years
of age committed to the | 22 | | Department under Section 5-710 of the Juvenile Court
Act
of | 23 | | 1987, (ii) a minor for whom an independent basis of abuse, | 24 | | neglect, or dependency exists, which must be defined by | 25 | | departmental rule, or (iii) a minor for whom the court has | 26 | | granted a supplemental petition to reinstate wardship pursuant |
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| 1 | | to subsection (2) of Section 2-33 of the Juvenile Court Act of | 2 | | 1987. An independent basis exists when the allegations or | 3 | | adjudication of abuse, neglect, or dependency do not arise from | 4 | | the same facts, incident, or circumstances which give rise to a | 5 | | charge or adjudication of delinquency.
| 6 | | As soon as is possible after August 7, 2009 (the effective | 7 | | date of Public Act 96-134), the Department shall develop and | 8 | | implement a special program of family preservation services to | 9 | | support intact, foster, and adoptive families who are | 10 | | experiencing extreme hardships due to the difficulty and stress | 11 | | of caring for a child who has been diagnosed with a pervasive | 12 | | developmental disorder if the Department determines that those | 13 | | services are necessary to ensure the health and safety of the | 14 | | child. The Department may offer services to any family whether | 15 | | or not a report has been filed under the Abused and Neglected | 16 | | Child Reporting Act. The Department may refer the child or | 17 | | family to services available from other agencies in the | 18 | | community if the conditions in the child's or family's home are | 19 | | reasonably likely to subject the child or family to future | 20 | | reports of suspected child abuse or neglect. Acceptance of | 21 | | these services shall be voluntary. The Department shall develop | 22 | | and implement a public information campaign to alert health and | 23 | | social service providers and the general public about these | 24 | | special family preservation services. The nature and scope of | 25 | | the services offered and the number of families served under | 26 | | the special program implemented under this paragraph shall be |
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| 1 | | determined by the level of funding that the Department annually | 2 | | allocates for this purpose. The term "pervasive developmental | 3 | | disorder" under this paragraph means a neurological condition, | 4 | | including but not limited to, Asperger's Syndrome and autism, | 5 | | as defined in the most recent edition of the Diagnostic and | 6 | | Statistical Manual of Mental Disorders of the American | 7 | | Psychiatric Association. | 8 | | (l-1) The legislature recognizes that the best interests of | 9 | | the child
require that
the child be placed in the most | 10 | | permanent living arrangement as soon as is
practically
| 11 | | possible. To achieve this goal, the legislature directs the | 12 | | Department of
Children and
Family Services to conduct | 13 | | concurrent planning so that permanency may occur at
the
| 14 | | earliest opportunity. Permanent living arrangements may | 15 | | include prevention of
placement of a child outside the home of | 16 | | the family when the child can be cared
for at
home without | 17 | | endangering the child's health or safety; reunification with | 18 | | the
family,
when safe and appropriate, if temporary placement | 19 | | is necessary; or movement of
the child
toward the most | 20 | | permanent living arrangement and permanent legal status.
| 21 | | When determining reasonable efforts to be made with respect | 22 | | to a child, as
described in this
subsection, and in making such | 23 | | reasonable efforts, the child's health and
safety shall be the
| 24 | | paramount concern.
| 25 | | When a child is placed in foster care, the Department shall | 26 | | ensure and
document that reasonable efforts were made to |
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| 1 | | prevent or eliminate the need to
remove the child from the | 2 | | child's home. The Department must make
reasonable efforts to | 3 | | reunify the family when temporary placement of the child
occurs
| 4 | | unless otherwise required, pursuant to the Juvenile Court Act | 5 | | of 1987.
At any time after the dispositional hearing where the | 6 | | Department believes
that further reunification services would | 7 | | be ineffective, it may request a
finding from the court that | 8 | | reasonable efforts are no longer appropriate. The
Department is | 9 | | not required to provide further reunification services after | 10 | | such
a
finding.
| 11 | | A decision to place a child in substitute care shall be | 12 | | made with
considerations of the child's health, safety, and | 13 | | best interests. At the
time of placement, consideration should | 14 | | also be given so that if reunification
fails or is delayed, the | 15 | | placement made is the best available placement to
provide | 16 | | permanency for the child.
| 17 | | The Department shall adopt rules addressing concurrent | 18 | | planning for
reunification and permanency. The Department | 19 | | shall consider the following
factors when determining | 20 | | appropriateness 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 | 7 | | child 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.
| 15 | | If the child is found in his or her residence without a parent, | 16 | | guardian,
custodian or responsible caretaker, the Department | 17 | | may, instead of removing
the child and assuming temporary | 18 | | custody, place an authorized
representative of the Department | 19 | | in that residence until such time as a
parent, guardian or | 20 | | custodian enters the home and expresses a willingness
and | 21 | | apparent ability to ensure the child's health and safety and | 22 | | resume
permanent
charge of the child, or until a
relative | 23 | | enters the home and is willing and able to ensure the child's | 24 | | health
and
safety and assume charge of the
child until a | 25 | | parent, guardian or custodian enters the home and expresses
| 26 | | such willingness and ability to ensure the child's safety and |
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| 1 | | resume
permanent charge. After a caretaker has remained in the | 2 | | home for a period not
to exceed 12 hours, the Department must | 3 | | follow those procedures outlined in
Section 2-9, 3-11, 4-8, or | 4 | | 5-415 of the Juvenile Court Act
of 1987.
| 5 | | The Department shall have the authority, responsibilities | 6 | | and duties that
a legal custodian of the child would have | 7 | | pursuant to subsection (9) of
Section 1-3 of the Juvenile Court | 8 | | Act of 1987. Whenever a child is taken
into temporary custody | 9 | | pursuant to an investigation under the Abused and
Neglected | 10 | | Child Reporting Act, or pursuant to a referral and acceptance
| 11 | | under the Juvenile Court Act of 1987 of a minor in limited | 12 | | custody, the
Department, during the period of temporary custody | 13 | | and before the child
is brought before a judicial officer as | 14 | | required by Section 2-9, 3-11,
4-8, or 5-415 of the Juvenile | 15 | | Court Act of 1987, shall have
the authority, responsibilities | 16 | | and duties that a legal custodian of the child
would have under | 17 | | subsection (9) of Section 1-3 of the Juvenile Court Act of
| 18 | | 1987.
| 19 | | The Department shall ensure that any child taken into | 20 | | custody
is scheduled for an appointment for a medical | 21 | | examination.
| 22 | | A parent, guardian or custodian of a child in the temporary | 23 | | custody of the
Department who would have custody of the child | 24 | | if he were not in the
temporary custody of the Department may | 25 | | deliver to the Department a signed
request that the Department | 26 | | surrender the temporary custody of the child.
The Department |
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| 1 | | may retain temporary custody of the child for 10 days after
the | 2 | | receipt of the request, during which period the Department may | 3 | | cause to
be filed a petition pursuant to the Juvenile Court Act | 4 | | of 1987. If a
petition is so filed, the Department shall retain | 5 | | temporary custody of the
child until the court orders | 6 | | otherwise. If a petition is not filed within
the 10 day period, | 7 | | the child shall be surrendered to the custody of the
requesting | 8 | | parent, guardian or custodian not later than the expiration of
| 9 | | the 10 day period, at which time the authority and duties of | 10 | | the Department
with respect to the temporary custody of the | 11 | | child shall terminate.
| 12 | | (m-1) The Department may place children under 18 years of | 13 | | age in a secure
child care facility licensed by the Department | 14 | | that cares for children who are
in need of secure living | 15 | | arrangements for their health, safety, and well-being
after a | 16 | | determination is made by the facility director and the Director | 17 | | or the
Director's designate prior to admission to the facility | 18 | | subject to Section
2-27.1 of the Juvenile Court Act of 1987. | 19 | | This subsection (m-1) does not apply
to a child who is subject | 20 | | to placement in a correctional facility operated
pursuant to | 21 | | Section 3-15-2 of the Unified Code of Corrections, unless the
| 22 | | child is a ward who was placed under the care of the Department | 23 | | before being
subject to placement in a correctional facility | 24 | | and a court of competent
jurisdiction has ordered placement of | 25 | | the child in a secure care facility.
| 26 | | (n) The Department may place children under 18 years of age |
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| 1 | | in
licensed child care facilities when in the opinion of the | 2 | | Department,
appropriate services aimed at family preservation | 3 | | have been unsuccessful and
cannot ensure the child's health and | 4 | | safety or are unavailable and such
placement would be for their | 5 | | best interest. Payment
for board, clothing, care, training and | 6 | | supervision of any child placed in
a licensed child care | 7 | | facility may be made by the Department, by the
parents or | 8 | | guardians of the estates of those children, or by both the
| 9 | | Department and the parents or guardians, except that no | 10 | | payments shall be
made by the Department for any child placed | 11 | | in a licensed child care
facility for board, clothing, care, | 12 | | training and supervision of such a
child that exceed the | 13 | | average per capita cost of maintaining and of caring
for a | 14 | | child in institutions for dependent or neglected children | 15 | | operated by
the Department. However, such restriction on | 16 | | payments does not apply in
cases where children require | 17 | | specialized care and treatment for problems of
severe emotional | 18 | | disturbance, physical disability, social adjustment, or
any | 19 | | combination thereof and suitable facilities for the placement | 20 | | of such
children are not available at payment rates within the | 21 | | limitations set
forth in this Section. All reimbursements for | 22 | | services delivered shall be
absolutely inalienable by | 23 | | assignment, sale, attachment, garnishment or
otherwise.
| 24 | | (n-1) The Department shall provide or authorize child | 25 | | welfare services, aimed at assisting minors to achieve | 26 | | sustainable self-sufficiency as independent adults, for any |
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| 1 | | minor eligible for the reinstatement of wardship pursuant to | 2 | | subsection (2) of Section 2-33 of the Juvenile Court Act of | 3 | | 1987, whether or not such reinstatement is sought or allowed, | 4 | | provided that the minor consents to such services and has not | 5 | | yet attained the age of 21. The Department shall have | 6 | | responsibility for the development and delivery of services | 7 | | under this Section. An eligible youth may access services under | 8 | | this Section through the Department of Children and Family | 9 | | Services or by referral from the Department of Human Services. | 10 | | Youth participating in services under this Section shall | 11 | | cooperate with the assigned case manager in developing an | 12 | | agreement identifying the services to be provided and how the | 13 | | youth will increase skills to achieve self-sufficiency. A | 14 | | homeless shelter is not considered appropriate housing for any | 15 | | youth receiving child welfare services under this Section. The | 16 | | Department shall continue child welfare services under this | 17 | | Section to any eligible minor until the minor becomes 21 years | 18 | | of age, no longer consents to participate, or achieves | 19 | | self-sufficiency as identified in the minor's service plan. The | 20 | | Department of Children and Family Services shall create clear, | 21 | | readable notice of the rights of former foster youth to child | 22 | | welfare services under this Section and how such services may | 23 | | be obtained. The Department of Children and Family Services and | 24 | | the Department of Human Services shall disseminate this | 25 | | information statewide. The Department shall adopt regulations | 26 | | describing services intended to assist minors in achieving |
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| 1 | | sustainable self-sufficiency as independent adults. | 2 | | (o) The Department shall establish an administrative | 3 | | review and appeal
process for children and families who request | 4 | | or receive child welfare
services from the Department. Children | 5 | | who are wards of the Department and
are placed by private child | 6 | | welfare agencies, and foster families with whom
those children | 7 | | are placed, shall be afforded the same procedural and appeal
| 8 | | rights as children and families in the case of placement by the | 9 | | Department,
including the right to an initial review of a | 10 | | private agency decision by
that agency. The Department shall | 11 | | insure that any private child welfare
agency, which accepts | 12 | | wards of the Department for placement, affords those
rights to | 13 | | children and foster families. The Department shall accept for
| 14 | | administrative review and an appeal hearing a complaint made by | 15 | | (i) a child
or foster family concerning a decision following an | 16 | | initial review by a
private child welfare agency or (ii) a | 17 | | prospective adoptive parent who alleges
a violation of | 18 | | subsection (j-5) of this Section. An appeal of a decision
| 19 | | concerning a change in the placement of a child shall be | 20 | | conducted in an
expedited manner. A court determination that a | 21 | | current foster home placement is necessary and appropriate | 22 | | under Section 2-28 of the Juvenile Court Act of 1987 does not | 23 | | constitute a judicial determination on the merits of an | 24 | | administrative appeal, filed by a former foster parent, | 25 | | involving a change of placement decision.
| 26 | | (p) There is hereby created the Department of Children and |
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| 1 | | Family
Services Emergency Assistance Fund from which the | 2 | | Department may provide
special financial assistance to | 3 | | families which are in economic crisis when
such assistance is | 4 | | not available through other public or private sources
and the | 5 | | assistance is deemed necessary to prevent dissolution of the | 6 | | family
unit or to reunite families which have been separated | 7 | | due to child abuse and
neglect. The Department shall establish | 8 | | administrative rules specifying
the criteria for determining | 9 | | eligibility for and the amount and nature of
assistance to be | 10 | | provided. The Department may also enter into written
agreements | 11 | | with private and public social service agencies to provide
| 12 | | emergency financial services to families referred by the | 13 | | Department.
Special financial assistance payments shall be | 14 | | available to a family no
more than once during each fiscal year | 15 | | and the total payments to a
family may not exceed $500 during a | 16 | | fiscal year.
| 17 | | (q) The Department may receive and use, in their entirety, | 18 | | for the
benefit of children any gift, donation or bequest of | 19 | | money or other
property which is received on behalf of such | 20 | | children, or any financial
benefits to which such children are | 21 | | or may become entitled while under
the jurisdiction or care of | 22 | | the Department.
| 23 | | The Department shall set up and administer no-cost, | 24 | | interest-bearing accounts in appropriate financial | 25 | | institutions
for children for whom the Department is legally | 26 | | responsible and who have been
determined eligible for Veterans' |
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| 1 | | Benefits, Social Security benefits,
assistance allotments from | 2 | | the armed forces, court ordered payments, parental
voluntary | 3 | | payments, Supplemental Security Income, Railroad Retirement
| 4 | | payments, Black Lung benefits, or other miscellaneous | 5 | | payments. Interest
earned by each account shall be credited to | 6 | | the account, unless
disbursed in accordance with this | 7 | | subsection.
| 8 | | In disbursing funds from children's accounts, the | 9 | | Department
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 | 7 | | encouraging all adoption
agencies to voluntarily forward to the | 8 | | Department or its agent names and
addresses of all persons who | 9 | | have applied for and have been approved for
adoption of a | 10 | | hard-to-place or handicapped child and the names of such
| 11 | | children who have not been placed for adoption. A list of such | 12 | | names and
addresses shall be maintained by the Department or | 13 | | its agent, and coded
lists which maintain the confidentiality | 14 | | of the person seeking to adopt the
child and of the child shall | 15 | | be made available, without charge, to every
adoption agency in | 16 | | the State to assist the agencies in placing such
children for | 17 | | adoption. The Department may delegate to an agent its duty to
| 18 | | maintain and make available such lists. The Department shall | 19 | | ensure that
such agent maintains the confidentiality of the | 20 | | person seeking to adopt the
child and of the child.
| 21 | | (s) The Department of Children and Family Services may | 22 | | establish and
implement a program to reimburse Department and | 23 | | private child welfare
agency foster parents licensed by the | 24 | | Department of Children and Family
Services for damages | 25 | | sustained by the foster parents as a result of the
malicious or | 26 | | negligent acts of foster children, as well as providing third
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| 1 | | party coverage for such foster parents with regard to actions | 2 | | of foster
children to other individuals. Such coverage will be | 3 | | secondary to the
foster parent liability insurance policy, if | 4 | | applicable. The program shall
be funded through appropriations | 5 | | from the General Revenue Fund,
specifically designated for such | 6 | | purposes.
| 7 | | (t) The Department shall perform home studies and | 8 | | investigations and
shall exercise supervision over visitation | 9 | | as ordered by a court pursuant
to the Illinois Marriage and | 10 | | Dissolution 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 | 19 | | court of the
specific arrangements for supervised visitation | 20 | | and projected monthly costs
within 60 days of the court order. | 21 | | The Department shall send to the court
information related to | 22 | | the costs incurred except in cases where the court
has | 23 | | determined the parties are financially unable to pay. The court | 24 | | may
order additional periodic reports as appropriate.
| 25 | | (u) In addition to other information that must be provided, | 26 | | whenever the Department places a child with a prospective |
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| 1 | | adoptive parent or parents or in a licensed foster home,
group | 2 | | home, child care institution, or in a relative home, the | 3 | | Department
shall provide to the prospective adoptive parent or | 4 | | parents 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 | 19 | | behavioral
information (including, but not limited to, | 20 | | criminal background, fire
setting, perpetuation of
sexual | 21 | | abuse, destructive behavior, and substance abuse) necessary to | 22 | | care
for and safeguard the children to be placed or currently | 23 | | in the home. The Department may prepare a written summary of | 24 | | the information required by this paragraph, which may be | 25 | | provided to the foster or prospective adoptive parent in | 26 | | advance of a placement. The foster or prospective adoptive |
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| 1 | | parent may review the supporting documents in the child's file | 2 | | in the presence of casework staff. In the case of an emergency | 3 | | placement, casework staff shall at least provide known | 4 | | information verbally, if necessary, and must subsequently | 5 | | provide the information in writing as required by this | 6 | | subsection.
| 7 | | The information described in this subsection shall be | 8 | | provided in writing. In the case of emergency placements when | 9 | | time does not allow prior review, preparation, and collection | 10 | | of written information, the Department shall provide such | 11 | | information as it becomes available. Within 10 business days | 12 | | after placement, the Department shall obtain from the | 13 | | prospective adoptive parent or parents or other caretaker a | 14 | | signed verification of receipt of the information provided. | 15 | | Within 10 business days after placement, the Department shall | 16 | | provide to the child's guardian ad litem a copy of the | 17 | | information provided to the prospective adoptive parent or | 18 | | parents or other caretaker. The information provided to the | 19 | | prospective adoptive parent or parents or other caretaker shall | 20 | | be reviewed and approved regarding accuracy at the supervisory | 21 | | level.
| 22 | | (u-5) Effective July 1, 1995, only foster care placements | 23 | | licensed as
foster family homes pursuant to the Child Care Act | 24 | | of 1969 shall be eligible to
receive foster care payments from | 25 | | the Department.
Relative caregivers who, as of July 1, 1995, | 26 | | were approved pursuant to approved
relative placement rules |
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| 1 | | previously promulgated by the Department at 89 Ill.
Adm. Code | 2 | | 335 and had submitted an application for licensure as a foster | 3 | | family
home may continue to receive foster care payments only | 4 | | until the Department
determines that they may be licensed as a | 5 | | foster family home or that their
application for licensure is | 6 | | denied or until September 30, 1995, whichever
occurs first.
| 7 | | (v) The Department shall access criminal history record | 8 | | information
as defined in the Illinois Uniform Conviction | 9 | | Information Act and information
maintained in the adjudicatory | 10 | | and dispositional record system as defined in
Section 2605-355 | 11 | | of the
Department of State Police Law (20 ILCS 2605/2605-355)
| 12 | | if the Department determines the information is necessary to | 13 | | perform its duties
under the Abused and Neglected Child | 14 | | Reporting Act, the Child Care Act of 1969,
and the Children and | 15 | | Family Services Act. The Department shall provide for
| 16 | | interactive computerized communication and processing | 17 | | equipment that permits
direct on-line communication with the | 18 | | Department of State Police's central
criminal history data | 19 | | repository. The Department shall comply with all
certification | 20 | | requirements and provide certified operators who have been
| 21 | | trained by personnel from the Department of State Police. In | 22 | | addition, one
Office of the Inspector General investigator | 23 | | shall have training in the use of
the criminal history | 24 | | information access system and have
access to the terminal. The | 25 | | Department of Children and Family Services and its
employees | 26 | | shall abide by rules and regulations established by the |
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| 1 | | Department of
State Police relating to the access and | 2 | | dissemination of
this information.
| 3 | | (v-1) Prior to final approval for placement of a child, the | 4 | | Department shall conduct a criminal records background check of | 5 | | the prospective foster or adoptive parent, including | 6 | | fingerprint-based checks of national crime information | 7 | | databases. Final approval for placement shall not be granted if | 8 | | the record check reveals a felony conviction for child abuse or | 9 | | neglect, for spousal abuse, for a crime against children, or | 10 | | for a crime involving violence, including rape, sexual assault, | 11 | | or homicide, but not including other physical assault or | 12 | | battery, or if there is a felony conviction for physical | 13 | | assault, battery, or a drug-related offense committed within | 14 | | the past 5 years. | 15 | | (v-2) Prior to final approval for placement of a child, the | 16 | | Department shall check its child abuse and neglect registry for | 17 | | information concerning prospective foster and adoptive | 18 | | parents, and any adult living in the home. If any prospective | 19 | | foster or adoptive parent or other adult living in the home has | 20 | | resided in another state in the preceding 5 years, the | 21 | | Department shall request a check of that other state's child | 22 | | abuse and neglect registry.
| 23 | | (w) Within 120 days of August 20, 1995 (the effective date | 24 | | of Public Act
89-392), the Department shall prepare and submit | 25 | | to the Governor and the
General Assembly, a written plan for | 26 | | the development of in-state licensed
secure child care |
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| 1 | | facilities that care for children who are in need of secure
| 2 | | living
arrangements for their health, safety, and well-being. | 3 | | For purposes of this
subsection, secure care facility shall | 4 | | mean a facility that is designed and
operated to ensure that | 5 | | all entrances and exits from the facility, a building
or a | 6 | | distinct part of the building, are under the exclusive control | 7 | | of the
staff of the facility, whether or not the child has the | 8 | | freedom of movement
within the perimeter of the facility, | 9 | | building, or distinct part of the
building. The plan shall | 10 | | include descriptions of the types of facilities that
are needed | 11 | | in Illinois; the cost of developing these secure care | 12 | | facilities;
the estimated number of placements; the potential | 13 | | cost savings resulting from
the movement of children currently | 14 | | out-of-state who are projected to be
returned to Illinois; the | 15 | | necessary geographic distribution of these
facilities in | 16 | | Illinois; and a proposed timetable for development of such
| 17 | | facilities. | 18 | | (x) The Department shall conduct annual credit history | 19 | | checks to determine the financial history of children placed | 20 | | under its guardianship pursuant to the Juvenile Court Act of | 21 | | 1987. The Department shall conduct such credit checks starting | 22 | | when a ward turns 12 years old and each year thereafter for the | 23 | | duration of the guardianship as terminated pursuant to the | 24 | | Juvenile Court Act of 1987. The Department shall determine if | 25 | | financial exploitation of the child's personal information has | 26 | | occurred. If financial exploitation appears to have taken place |
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| 1 | | or is presently ongoing, the Department shall notify the proper | 2 | | law enforcement agency, the proper State's Attorney, or the | 3 | | Attorney General. | 4 | | (y) Beginning on the effective date of this amendatory Act | 5 | | of the 96th General Assembly, a child with a disability who | 6 | | receives residential and educational services from the | 7 | | Department shall be eligible to receive transition services in | 8 | | accordance with Article 14 of the School Code from the age of | 9 | | 14.5 through age 21, inclusive, notwithstanding the child's | 10 | | residential services arrangement. For purposes of this | 11 | | subsection, "child with a disability" means a child with a | 12 | | disability as defined by the federal Individuals with | 13 | | Disabilities Education Improvement Act of 2004. | 14 | | (Source: P.A. 96-134, eff. 8-7-09; 96-581, eff. 1-1-10; 96-600, | 15 | | eff. 8-21-09; 96-619, eff. 1-1-10; 96-760, eff. 1-1-10; | 16 | | 96-1000, eff. 7-2-10; 96-1189, eff. 7-22-10; 97-1150, eff. | 17 | | 1-25-13.) | 18 | | Section 10. The Juvenile Court Act of 1987 is amended by | 19 | | changing 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 | 22 | | context
otherwise requires, have the following meanings | 23 | | ascribed to them:
| 24 | | (1) "Adjudicatory hearing" means a hearing to
determine |
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| 1 | | whether the allegations of a petition under Section 2-13, 3-15 | 2 | | or
4-12 that a minor under 18 years of age is abused, neglected | 3 | | or dependent, or
requires authoritative intervention, or | 4 | | addicted, respectively, are supported
by a preponderance of the | 5 | | evidence or whether the allegations of a petition
under Section | 6 | | 5-520 that a minor is delinquent are proved beyond a reasonable
| 7 | | doubt.
| 8 | | (2) "Adult" means a person 21 years of age or older.
| 9 | | (3) "Agency" means a public or private child care facility
| 10 | | legally authorized or licensed by this State for placement or | 11 | | institutional
care or for both placement and institutional | 12 | | care.
| 13 | | (4) "Association" means any organization, public or
| 14 | | private, engaged in welfare functions which include services to | 15 | | or on behalf of
children but does not include "agency" as | 16 | | herein defined.
| 17 | | (4.05) Whenever a "best interest" determination is
| 18 | | required, the following factors shall be considered in the | 19 | | context 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 | 21 | | to it in Section 26-2a of the School Code.
| 22 | | (5) "Court" means the circuit court in a session or | 23 | | division
assigned to hear proceedings under this Act.
| 24 | | (6) "Dispositional hearing" means a hearing to
determine | 25 | | whether a minor should be adjudged to be a ward of the court, | 26 | | and to
determine what order of disposition should be made in |
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| 1 | | respect to a minor
adjudged to be a ward of the court.
| 2 | | (7) "Emancipated minor" means any minor 16 years of age or | 3 | | over who has
been completely or partially emancipated under the | 4 | | Emancipation 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 | 7 | | and authority to act in the best interests of the minor, | 8 | | subject
to residual parental rights and responsibilities, to | 9 | | make important decisions
in matters having a permanent effect | 10 | | on the life and development of the minor
and to be concerned | 11 | | with his or her general welfare. It includes but is not
| 12 | | necessarily 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
| 2 | | order of court in the best interests of the minor which imposes | 3 | | on the
custodian the responsibility of physical possession of a | 4 | | minor and the duty to
protect, train and discipline him and to | 5 | | provide him with food, shelter,
education and ordinary medical | 6 | | care, except as these are limited by residual
parental rights | 7 | | and responsibilities and the rights and responsibilities of the
| 8 | | guardian of the person, if any.
| 9 | | (9.1) "Mentally capable adult relative" means a person 21 | 10 | | years of age or older who is not suffering from a mental | 11 | | illness that prevents him or her from providing the care | 12 | | necessary to safeguard the physical safety and welfare of a | 13 | | minor who is left in that person's care by the parent or | 14 | | parents or other person responsible for the minor's welfare. | 15 | | (10) "Minor" means a person under the age of 21 years | 16 | | subject to
this Act.
| 17 | | (11) "Parent" means the father or mother of a child and
| 18 | | includes any adoptive parent. It also includes a man (i)
whose | 19 | | paternity
is presumed or has been established under the law of | 20 | | this or another
jurisdiction or (ii) who has registered with | 21 | | the Putative Father Registry in
accordance with Section 12.1 of | 22 | | the Adoption Act and whose paternity has not
been ruled out | 23 | | under the law of this or another jurisdiction. It does not
| 24 | | include a
parent whose rights in respect to the
minor have been | 25 | | terminated in any manner provided by law. It does not include a | 26 | | person who has been or could be determined to be a parent under |
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| 1 | | the Illinois Parentage Act of 1984, or similar parentage law in | 2 | | any other state, if that person has been convicted of or pled | 3 | | nolo contendere to a crime that resulted in the conception of | 4 | | the child under Section 11-1.20, 11-1.30, 11-1.40, 11-11, | 5 | | 12-13, 12-14, 12-14.1, subsection (a) or (b) (but not | 6 | | subsection (c)) of Section 11-1.50 or 12-15, or subsection (a), | 7 | | (b), (c), (e), or (f) (but not subsection (d)) of Section | 8 | | 11-1.60 or 12-16 of the Criminal Code of 1961 or the Criminal | 9 | | Code of 2012, or similar statute in another jurisdiction unless | 10 | | upon motion of any party, other than the offender, to the | 11 | | juvenile court proceedings the court finds it is in the child's | 12 | | best interest to deem the offender a parent for purposes of the | 13 | | juvenile court proceedings.
| 14 | | (11.1) "Permanency goal" means a goal set by the court as | 15 | | defined in
subdivision (2) of Section 2-28.
| 16 | | (11.2) "Permanency hearing" means a hearing to set the | 17 | | permanency goal and
to review and determine (i) the | 18 | | appropriateness of the services contained in
the plan and | 19 | | whether those services have been provided, (ii) whether | 20 | | reasonable
efforts have been made by all the parties to the | 21 | | service plan to achieve the
goal, and (iii) whether the plan | 22 | | and goal have been achieved.
| 23 | | (12) "Petition" means the petition provided for in Section
| 24 | | 2-13, 3-15, 4-12 or 5-520, including any supplemental petitions | 25 | | thereunder
in Section 3-15, 4-12 or 5-520.
| 26 | | (12.1) "Physically capable adult relative" means a person |
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| 1 | | 21 years of age or older who does not have a severe physical | 2 | | disability or medical condition, or is not suffering from | 3 | | alcoholism or drug addiction, that prevents him or her from | 4 | | providing the care necessary to safeguard the physical safety | 5 | | and welfare of a minor who is left in that person's care by the | 6 | | parent or parents or other person responsible for the minor's | 7 | | welfare. | 8 | | (12.2) "Post Permanency Sibling Contact Agreement" has the | 9 | | meaning ascribed to the term in Section 7.4 of the Children and | 10 | | Family Services Act. | 11 | | (13) "Residual parental
rights and responsibilities" means | 12 | | those rights and responsibilities remaining
with the parent | 13 | | after the transfer of legal custody or guardianship of the
| 14 | | person, including, but not necessarily limited to, the right to | 15 | | reasonable
visitation (which may be limited by the court in the | 16 | | best interests of the
minor as provided in subsection (8)(b) of | 17 | | this Section), the right to consent
to adoption, the right to | 18 | | determine the minor's religious affiliation, and the
| 19 | | responsibility for his support.
| 20 | | (14) "Shelter" means the temporary care of a minor in
| 21 | | physically unrestricting facilities pending court disposition | 22 | | or execution of
court order for placement.
| 23 | | (14.1) "Sibling Contact Support Plan" has the meaning | 24 | | ascribed to the term in Section 7.4 of the Children and Family | 25 | | Services Act. | 26 | | (15) "Station adjustment" means the informal
handling of an |
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| 1 | | alleged offender by a juvenile police officer.
| 2 | | (16) "Ward of the court" means a minor who is so
adjudged | 3 | | under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
| 4 | | requisite jurisdictional facts, and thus is subject to the | 5 | | dispositional powers
of the court under this Act.
| 6 | | (17) "Juvenile police officer" means a sworn
police officer | 7 | | who has completed a Basic Recruit Training Course, has been
| 8 | | assigned to the position of juvenile police officer by his or | 9 | | her chief law
enforcement officer and has completed the | 10 | | necessary juvenile officers training
as prescribed by the | 11 | | Illinois Law Enforcement Training Standards Board, or in
the | 12 | | case of a State police officer, juvenile officer
training | 13 | | approved by the Director of the Department of State Police.
| 14 | | (18) "Secure child care facility" means any child care | 15 | | facility licensed
by the Department of Children and Family | 16 | | Services to provide secure living
arrangements for children | 17 | | under 18 years of age who are subject to placement in
| 18 | | facilities under the Children and Family Services Act and who | 19 | | are not subject
to placement in facilities for whom standards | 20 | | are established by the Department
of Corrections under Section | 21 | | 3-15-2 of the Unified Code of Corrections.
"Secure child care | 22 | | facility" also means a
facility that is designed and operated | 23 | | to ensure that all entrances and
exits
from the facility, a | 24 | | building, or a distinct part of the building are under the
| 25 | | exclusive control of the staff of the facility, whether or not | 26 | | the child has
the freedom of movement within the perimeter of |
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| 1 | | the facility, building, or
distinct part of the building.
| 2 | | (Source: P.A. 96-168, eff. 8-10-09; 97-568, eff. 8-25-11; | 3 | | 97-1076, 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 | 7 | | Sections
2-22, 3-23, 4-20, 5-610 or 5-705, the minor who is the | 8 | | subject of the
proceeding
and his parents, guardian, legal | 9 | | custodian or responsible relative who are
parties respondent | 10 | | have the right to be present, to be heard, to present
evidence | 11 | | material to the proceedings, to cross-examine witnesses, to
| 12 | | examine pertinent court files and records and also, although | 13 | | proceedings
under this Act are not intended to be adversary in | 14 | | character, the right to
be represented by counsel. At the | 15 | | request of any party financially unable
to employ counsel, with | 16 | | the exception of a foster parent permitted to
intervene under | 17 | | this Section, the court shall appoint the Public Defender or
| 18 | | such other counsel as the case may require.
Counsel appointed | 19 | | for the minor and any indigent party shall appear at all
stages | 20 | | of the trial court proceeding, and such appointment shall | 21 | | continue
through the permanency hearings and
termination of | 22 | | parental rights proceedings subject to withdrawal or
| 23 | | substitution pursuant to Supreme Court Rules or the Code of | 24 | | Civil Procedure.
Following the dispositional hearing, the | 25 | | court may require appointed counsel,
other than counsel for the |
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| 1 | | minor or counsel for the guardian ad litem,
to withdraw his or | 2 | | her appearance upon failure of the party for whom counsel
was | 3 | | appointed under this Section to attend any subsequent | 4 | | proceedings.
| 5 | | No hearing on any petition or motion filed under this Act | 6 | | may be
commenced unless
the minor who is the subject of the | 7 | | proceeding is represented by counsel.
Notwithstanding the | 8 | | preceding sentence, if a guardian ad litem has been
appointed | 9 | | for the minor under Section 2-17 of this
Act and the guardian | 10 | | ad litem is a licensed attorney at law of this State, or
in the | 11 | | event that a court appointed special advocate has been | 12 | | appointed as
guardian ad litem and counsel has been appointed | 13 | | to represent the court
appointed special advocate, the
court | 14 | | may not require the appointment of counsel to represent the
| 15 | | minor unless the court finds that the minor's interests are in | 16 | | conflict with
what the guardian ad litem determines to be in | 17 | | the best interest of the
minor. Each
adult respondent shall be | 18 | | furnished a written "Notice of Rights" at
or before the first | 19 | | hearing at which he or she appears.
| 20 | | (1.5) The Department shall maintain
a system of response to | 21 | | inquiry made by parents or putative
parents as to whether their | 22 | | child is under the custody or guardianship of the
Department; | 23 | | and if so, the Department shall direct the parents or putative
| 24 | | parents to the appropriate court of jurisdiction, including | 25 | | where inquiry may
be made of the clerk of the court regarding | 26 | | the case number and the next
scheduled court date of the |
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| 1 | | minor's case.
Effective notice and the means of accessing | 2 | | information shall be given to the
public on a continuing basis
| 3 | | by the
Department.
| 4 | | (2) (a) Though not appointed guardian or legal custodian or | 5 | | otherwise made
a party to the proceeding, any current or | 6 | | previously appointed foster parent
or relative caregiver, or | 7 | | representative of an agency or association
interested in the | 8 | | minor has
the right to be heard by the court, but does not | 9 | | thereby become a party
to the proceeding.
| 10 | | In addition to the foregoing right to be heard by the | 11 | | court, any current
foster parent or relative caregiver of a | 12 | | minor and the agency designated
by the court or the
Department | 13 | | of Children and Family Services as custodian of the minor who
| 14 | | is alleged to be or has been adjudicated an abused or neglected | 15 | | minor under
Section 2-3 or a
dependent minor under Section 2-4 | 16 | | of this Act has the right to and shall be
given adequate notice | 17 | | at all stages of any hearing or proceeding under this
Act.
| 18 | | Any foster parent or relative caregiver who is denied his | 19 | | or her
right to be heard under this
Section may bring a | 20 | | mandamus action under Article XIV of the Code of Civil
| 21 | | Procedure against the court or any public agency to enforce | 22 | | that right. The
mandamus action may be brought immediately upon | 23 | | the denial of those rights but
in no event later than 30 days | 24 | | after the foster parent has been denied the
right to be heard.
| 25 | | (b) If after an adjudication that a minor is abused or | 26 | | neglected as provided
under Section 2-21 of this Act and a |
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| 1 | | motion has been
made to restore the
minor to any parent, | 2 | | guardian, or legal custodian found by the court to have
caused | 3 | | the neglect or to have inflicted the abuse on the minor, a | 4 | | foster parent
may file a motion to intervene in the proceeding | 5 | | for
the sole purpose of
requesting that the minor be placed | 6 | | with the foster parent, provided that the
foster parent (i) is | 7 | | the current foster parent of the minor or (ii) has
previously | 8 | | been a foster parent for the minor for one year or more, has a
| 9 | | foster care license or is eligible for a license or is not | 10 | | required to have a license , and is not the subject of any
| 11 | | findings of abuse or neglect of any child. The juvenile court | 12 | | may only enter
orders placing a minor with a specific foster | 13 | | parent under this subsection
(2)(b) and nothing in this Section | 14 | | shall be construed to confer any
jurisdiction or authority on | 15 | | the juvenile court to issue any other orders
requiring the | 16 | | appointed guardian or custodian of a minor to place the minor | 17 | | in
a designated foster home or facility. This Section is not | 18 | | intended to
encompass any matters that are within the
scope or | 19 | | determinable under the administrative and appeal process | 20 | | established
by rules of the Department of Children and Family | 21 | | Services under Section
5(o) of the Children and Family Services | 22 | | Act. Nothing in this Section shall
relieve the court of its | 23 | | responsibility, under Section 2-14(a) of
this Act to act in a | 24 | | just and speedy manner to reunify families where it is
the best | 25 | | interests of the minor and the child can be cared for at home
| 26 | | without endangering the child's health or safety and, if |
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| 1 | | reunification is not
in the best
interests of the minor, to | 2 | | find another permanent home for the minor. Nothing
in this | 3 | | Section, or in any order issued by the court with respect to | 4 | | the
placement of a minor with a foster parent, shall impair the | 5 | | ability of the
Department of Children and Family Services, or | 6 | | anyone else authorized under
Section 5 of the Abused and | 7 | | Neglected Child Reporting Act, to remove a minor
from the home | 8 | | of a foster parent if the Department of Children and Family
| 9 | | Services or the person removing the minor has reason to believe | 10 | | that the
circumstances or conditions of the minor are such that | 11 | | continuing in the
residence or care of the foster parent will | 12 | | jeopardize the child's health and
safety or present an imminent | 13 | | risk of harm to that
minor's life.
| 14 | | (c) If a foster parent has had the minor who is the subject | 15 | | of the
proceeding under Article II in his or her home for more | 16 | | than one year on or
after July 3, 1994 and if the minor's
| 17 | | placement is being terminated from that foster parent's home, | 18 | | that foster
parent shall have standing and intervenor status | 19 | | except in those
circumstances where the Department of Children | 20 | | and Family Services or anyone
else authorized under Section 5 | 21 | | of the Abused and Neglected Child Reporting Act
has removed the | 22 | | minor from the foster parent because of a reasonable belief
| 23 | | that the circumstances or conditions of the minor are such that | 24 | | continuing in
the residence or care of the foster parent will | 25 | | jeopardize the child's health
or safety or presents an imminent | 26 | | risk of harm to
the minor's life.
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| 1 | | (d) The court may grant standing to any foster parent
if | 2 | | the court finds that it is in the best interest of the child | 3 | | for the foster
parent to have standing and intervenor status.
| 4 | | (3) Parties respondent are entitled to notice in compliance | 5 | | with Sections
2-15 and 2-16, 3-17 and 3-18, 4-14 and 4-15 or | 6 | | 5-525 and 5-530, as appropriate.
At the first appearance before | 7 | | the court by the minor, his
parents, guardian, custodian or | 8 | | responsible relative, the court shall explain
the nature of the | 9 | | proceedings and inform the parties of their rights under the
| 10 | | first 2 paragraphs of this Section.
| 11 | | If the child is alleged to be abused, neglected or | 12 | | dependent, the court
shall
admonish the parents that if the | 13 | | court declares the child to be a ward of the
court and
awards | 14 | | custody or guardianship to the Department of Children and | 15 | | Family
Services, the parents must cooperate with the Department | 16 | | of Children and Family
Services, comply with the terms of the | 17 | | service plans, and correct the
conditions that require the | 18 | | child to be in care, or risk termination of their
parental | 19 | | rights.
| 20 | | Upon an adjudication of wardship of
the court under | 21 | | Sections 2-22, 3-23, 4-20 or 5-705, the court shall inform
the | 22 | | parties of their right to appeal therefrom as well as from any | 23 | | other
final judgment of the court.
| 24 | | When the court finds that a child is an abused, neglected, | 25 | | or dependent
minor under
Section 2-21, the court shall admonish | 26 | | the parents that the parents must
cooperate with
the Department |
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| 1 | | of Children and Family Services, comply with the terms of the
| 2 | | service plans, and correct the conditions that require the | 3 | | child to be in care,
or risk termination of
their parental
| 4 | | rights.
| 5 | | When the court declares a child to be a ward of the court | 6 | | and awards
guardianship to the Department of Children and | 7 | | Family Services under Section
2-22, the court shall admonish | 8 | | the parents,
guardian,
custodian, or responsible relative that | 9 | | the parents must cooperate with the
Department of Children and | 10 | | Family Services, comply
with the terms of the service plans, | 11 | | and correct the conditions that require
the child to be in | 12 | | care, or risk termination of their parental
rights.
| 13 | | (4) No sanction may be applied against the minor who is the | 14 | | subject of
the proceedings by reason of his refusal or failure | 15 | | to testify in the course
of any hearing held prior to final | 16 | | adjudication under Section 2-22, 3-23, 4-20
or 5-705.
| 17 | | (5) In the discretion of the court, the minor may be | 18 | | excluded from any
part or parts of a dispositional hearing and, | 19 | | with the consent of the parent
or parents, guardian, counsel or | 20 | | a guardian ad litem, from any part or parts
of an adjudicatory | 21 | | hearing.
| 22 | | (6) The general public except for the news media and the | 23 | | crime victim, as defined in Section 3 of the Rights of Crime | 24 | | Victims and Witnesses Act, shall be
excluded from any hearing | 25 | | and, except for the persons specified in this
Section only | 26 | | persons, including representatives of agencies and
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| 1 | | associations, who in the opinion of the court have a direct | 2 | | interest in the
case or in the work of the court shall be | 3 | | admitted to the hearing. However,
the court may, for the | 4 | | minor's safety and protection and for good cause
shown,
| 5 | | prohibit any person or agency present in court from further | 6 | | disclosing the
minor's identity.
Nothing in this subsection (6) | 7 | | prevents the court from allowing other
juveniles to be present | 8 | | or to participate in a court session being held
under the | 9 | | Juvenile Drug Court Treatment Act.
| 10 | | (7) A party shall not be entitled to exercise the right to | 11 | | a substitution
of a judge without cause under subdivision | 12 | | (a)(2) of Section 2-1001 of the Code
of Civil Procedure in a | 13 | | proceeding under this Act if the judge is currently
assigned to | 14 | | a proceeding involving the alleged abuse, neglect, or | 15 | | dependency of
the minor's sibling or half sibling and that | 16 | | judge has made a substantive
ruling in the proceeding involving | 17 | | the minor's sibling or half sibling.
| 18 | | (Source: P.A. 93-539, eff. 8-18-03; 94-271, eff. 1-1-06.)".
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