Full Text of HB4495 98th General Assembly
HB4495ham003 98TH GENERAL ASSEMBLY | Rep. Mary E. Flowers Filed: 4/7/2014
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| 1 | | AMENDMENT TO HOUSE BILL 4495
| 2 | | AMENDMENT NO. ______. Amend House Bill 4495, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Children and Family Services Act is amended | 6 | | by changing Section 5 as follows:
| 7 | | (20 ILCS 505/5) (from Ch. 23, par. 5005)
| 8 | | Sec. 5. Direct child welfare services; Department of | 9 | | Children and Family
Services. To provide direct child welfare | 10 | | services when not available
through other public or private | 11 | | child care or program facilities.
| 12 | | (a) For purposes of this Section:
| 13 | | (1) "Children" means persons found within the State who | 14 | | are under the
age of 18 years. The term also includes | 15 | | persons under age 21 who:
| 16 | | (A) were committed to the Department pursuant to |
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| 1 | | the
Juvenile Court Act or the Juvenile Court Act of | 2 | | 1987, as amended, prior to
the age of 18 and who | 3 | | continue under the jurisdiction of the court; or
| 4 | | (B) were accepted for care, service and training by
| 5 | | the Department prior to the age of 18 and whose best | 6 | | interest in the
discretion of the Department would be | 7 | | served by continuing that care,
service and training | 8 | | because of severe emotional disturbances, physical
| 9 | | disability, social adjustment or any combination | 10 | | thereof, or because of the
need to complete an | 11 | | educational or vocational training program.
| 12 | | (2) "Homeless youth" means persons found within the
| 13 | | State who are under the age of 19, are not in a safe and | 14 | | stable living
situation and cannot be reunited with their | 15 | | families.
| 16 | | (3) "Child welfare services" means public social | 17 | | services which are
directed toward the accomplishment of | 18 | | the following purposes:
| 19 | | (A) protecting and promoting the health, safety | 20 | | and welfare of
children,
including homeless, dependent | 21 | | or neglected children;
| 22 | | (B) remedying, or assisting in the solution
of | 23 | | problems which may result in, the neglect, abuse, | 24 | | exploitation or
delinquency of children;
| 25 | | (C) preventing the unnecessary separation of | 26 | | children
from their families by identifying family |
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| 1 | | problems, assisting families in
resolving their | 2 | | problems, and preventing the breakup of the family
| 3 | | where the prevention of child removal is desirable and | 4 | | possible when the
child can be cared for at home | 5 | | without endangering the child's health and
safety;
| 6 | | (D) restoring to their families children who have | 7 | | been
removed, by the provision of services to the child | 8 | | and the families when the
child can be cared for at | 9 | | home without endangering the child's health and
| 10 | | safety;
| 11 | | (E) placing children in suitable adoptive homes, | 12 | | in
cases where restoration to the biological family is | 13 | | not safe, possible or
appropriate;
| 14 | | (F) assuring safe and adequate care of children | 15 | | away from their
homes, in cases where the child cannot | 16 | | be returned home or cannot be placed
for adoption. At | 17 | | the time of placement, the Department shall consider
| 18 | | concurrent planning,
as described in subsection (l-1) | 19 | | of this Section so that permanency may
occur at the | 20 | | earliest opportunity. Consideration should be given so | 21 | | that if
reunification fails or is delayed, the | 22 | | placement made is the best available
placement to | 23 | | provide permanency for the child;
| 24 | | (G) (blank);
| 25 | | (H) (blank); and
| 26 | | (I) placing and maintaining children in facilities |
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| 1 | | that provide
separate living quarters for children | 2 | | under the age of 18 and for children
18 years of age | 3 | | and older, unless a child 18 years of age is in the | 4 | | last
year of high school education or vocational | 5 | | training, in an approved
individual or group treatment | 6 | | program, in a licensed shelter facility,
or secure | 7 | | child care facility.
The Department is not required to | 8 | | place or maintain children:
| 9 | | (i) who are in a foster home, or
| 10 | | (ii) who are persons with a developmental | 11 | | disability, as defined in
the Mental
Health and | 12 | | Developmental Disabilities Code, or
| 13 | | (iii) who are female children who are | 14 | | pregnant, pregnant and
parenting or parenting, or
| 15 | | (iv) who are siblings, in facilities that | 16 | | provide separate living quarters for children 18
| 17 | | years of age and older and for children under 18 | 18 | | years of age.
| 19 | | (b) Nothing in this Section shall be construed to authorize | 20 | | the
expenditure of public funds for the purpose of performing | 21 | | abortions.
| 22 | | (c) The Department shall establish and maintain | 23 | | tax-supported child
welfare services and extend and seek to | 24 | | improve voluntary services
throughout the State, to the end | 25 | | that services and care shall be available
on an equal basis | 26 | | throughout the State to children requiring such services.
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| 1 | | (d) The Director may authorize advance disbursements for | 2 | | any new program
initiative to any agency contracting with the | 3 | | Department. As a
prerequisite for an advance disbursement, the | 4 | | contractor must post a
surety bond in the amount of the advance | 5 | | disbursement and have a
purchase of service contract approved | 6 | | by the Department. The Department
may pay up to 2 months | 7 | | operational expenses in advance. The amount of the
advance | 8 | | disbursement shall be prorated over the life of the contract
or | 9 | | the remaining months of the fiscal year, whichever is less, and | 10 | | the
installment amount shall then be deducted from future | 11 | | bills. Advance
disbursement authorizations for new initiatives | 12 | | shall not be made to any
agency after that agency has operated | 13 | | during 2 consecutive fiscal years.
The requirements of this | 14 | | Section concerning advance disbursements shall
not apply with | 15 | | respect to the following: payments to local public agencies
for | 16 | | child day care services as authorized by Section 5a of this | 17 | | Act; and
youth service programs receiving grant funds under | 18 | | Section 17a-4.
| 19 | | (e) (Blank).
| 20 | | (f) (Blank).
| 21 | | (g) The Department shall establish rules and regulations | 22 | | concerning
its operation of programs designed to meet the goals | 23 | | of child safety and
protection,
family preservation, family | 24 | | reunification, and adoption, including but not
limited to:
| 25 | | (1) adoption;
| 26 | | (2) foster care;
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| 1 | | (3) family counseling;
| 2 | | (4) protective services;
| 3 | | (5) (blank);
| 4 | | (6) homemaker service;
| 5 | | (7) return of runaway children;
| 6 | | (8) (blank);
| 7 | | (9) placement under Section 5-7 of the Juvenile Court | 8 | | Act or
Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile | 9 | | Court Act of 1987 in
accordance with the federal Adoption | 10 | | Assistance and Child Welfare Act of
1980; and
| 11 | | (10) interstate services.
| 12 | | Rules and regulations established by the Department shall | 13 | | include
provisions for training Department staff and the staff | 14 | | of Department
grantees, through contracts with other agencies | 15 | | or resources, in alcohol
and drug abuse screening techniques | 16 | | approved by the Department of Human
Services, as a successor to | 17 | | the Department of Alcoholism and Substance Abuse,
for the | 18 | | purpose of identifying children and adults who
should be | 19 | | referred to an alcohol and drug abuse treatment program for
| 20 | | professional evaluation.
| 21 | | (h) If the Department finds that there is no appropriate | 22 | | program or
facility within or available to the Department for a | 23 | | ward and that no
licensed private facility has an adequate and | 24 | | appropriate program or none
agrees to accept the ward, the | 25 | | Department shall create an appropriate
individualized, | 26 | | program-oriented plan for such ward. The
plan may be developed |
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| 1 | | within the Department or through purchase of services
by the | 2 | | Department to the extent that it is within its statutory | 3 | | authority
to do.
| 4 | | (i) Service programs shall be available throughout the | 5 | | State and shall
include but not be limited to the following | 6 | | services:
| 7 | | (1) case management;
| 8 | | (2) homemakers;
| 9 | | (3) counseling;
| 10 | | (4) parent education;
| 11 | | (5) day care; and
| 12 | | (6) emergency assistance and advocacy.
| 13 | | In addition, the following services may be made available | 14 | | to assess and
meet the needs of children and families:
| 15 | | (1) comprehensive family-based services;
| 16 | | (2) assessments;
| 17 | | (3) respite care; and
| 18 | | (4) in-home health services.
| 19 | | The Department shall provide transportation for any of the | 20 | | services it
makes available to children or families or for | 21 | | which it refers children
or families.
| 22 | | (j) The Department may provide categories of financial | 23 | | assistance and
education assistance grants, and shall
| 24 | | establish rules and regulations concerning the assistance and | 25 | | grants, to
persons who
adopt physically or mentally | 26 | | handicapped, older and other hard-to-place
children who (i) |
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| 1 | | immediately prior to their adoption were legal wards of
the | 2 | | Department
or (ii) were determined eligible for financial | 3 | | assistance with respect to a
prior adoption and who become | 4 | | available for adoption because the
prior adoption has been | 5 | | dissolved and the parental rights of the adoptive
parents have | 6 | | been
terminated or because the child's adoptive parents have | 7 | | died.
The Department may continue to provide financial | 8 | | assistance and education assistance grants for a child who was | 9 | | determined eligible for financial assistance under this | 10 | | subsection (j) in the interim period beginning when the child's | 11 | | adoptive parents died and ending with the finalization of the | 12 | | new adoption of the child by another adoptive parent or | 13 | | parents. The Department may also provide categories of | 14 | | financial
assistance and education assistance grants, and
| 15 | | shall establish rules and regulations for the assistance and | 16 | | grants, to persons
appointed guardian of the person under | 17 | | Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, | 18 | | 4-25 or 5-740 of the Juvenile Court Act of 1987
for children | 19 | | who were wards of the Department for 12 months immediately
| 20 | | prior to the appointment of the guardian.
| 21 | | The amount of assistance may vary, depending upon the needs | 22 | | of the child
and the adoptive parents,
as set forth in the | 23 | | annual
assistance agreement. Special purpose grants are | 24 | | allowed where the child
requires special service but such costs | 25 | | may not exceed the amounts
which similar services would cost | 26 | | the Department if it were to provide or
secure them as guardian |
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| 1 | | of the child.
| 2 | | Any financial assistance provided under this subsection is
| 3 | | inalienable by assignment, sale, execution, attachment, | 4 | | garnishment, or any
other remedy for recovery or collection of | 5 | | a judgment or debt.
| 6 | | (j-5) The Department shall not deny or delay the placement | 7 | | of a child for
adoption
if an approved family is available | 8 | | either outside of the Department region
handling the case,
or | 9 | | outside of the State of Illinois.
| 10 | | (k) The Department shall accept for care and training any | 11 | | child who has
been adjudicated neglected or abused, or | 12 | | dependent committed to it pursuant
to the Juvenile Court Act or | 13 | | the Juvenile Court Act of 1987.
| 14 | | (l) The Department shall
offer family preservation | 15 | | services, as defined in Section 8.2 of the Abused
and
Neglected | 16 | | Child
Reporting Act, to help families, including adoptive and | 17 | | extended families.
Family preservation
services shall be | 18 | | offered (i) to prevent the
placement
of children in
substitute | 19 | | care when the children can be cared for at home or in the | 20 | | custody of
the person
responsible for the children's welfare,
| 21 | | (ii) to
reunite children with their families, or (iii) to
| 22 | | maintain an adoptive placement. Family preservation services | 23 | | shall only be
offered when doing so will not endanger the | 24 | | children's health or safety. With
respect to children who are | 25 | | in substitute care pursuant to the Juvenile Court
Act of 1987, | 26 | | family preservation services shall not be offered if a goal |
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| 1 | | other
than those of subdivisions (A), (B), or (B-1) of | 2 | | subsection (2) of Section 2-28
of
that Act has been set.
| 3 | | Nothing in this paragraph shall be construed to create a | 4 | | private right of
action or claim on the part of any individual | 5 | | or child welfare agency, except that when a child is the | 6 | | subject of an action under Article II of the Juvenile Court Act | 7 | | of 1987 and the child's service plan calls for services to | 8 | | facilitate achievement of the permanency goal, the court | 9 | | hearing the action under Article II of the Juvenile Court Act | 10 | | of 1987 may order the Department to provide the services set | 11 | | out in the plan, if those services are not provided with | 12 | | reasonable promptness and if those services are available.
| 13 | | The Department shall notify the child and his family of the
| 14 | | Department's
responsibility to offer and provide family | 15 | | preservation services as
identified in the service plan. The | 16 | | child and his family shall be eligible
for services as soon as | 17 | | the report is determined to be "indicated". The
Department may | 18 | | offer services to any child or family with respect to whom a
| 19 | | report of suspected child abuse or neglect has been filed, | 20 | | prior to
concluding its investigation under Section 7.12 of the | 21 | | Abused and Neglected
Child Reporting Act. However, the child's | 22 | | or family's willingness to
accept services shall not be | 23 | | considered in the investigation. The
Department may also | 24 | | provide services to any child or family who is the
subject of | 25 | | any report of suspected child abuse or neglect or may refer | 26 | | such
child or family to services available from other agencies |
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| 1 | | in the community,
even if the report is determined to be | 2 | | unfounded, if the conditions in the
child's or family's home | 3 | | are reasonably likely to subject the child or
family to future | 4 | | reports of suspected child abuse or neglect. Acceptance
of such | 5 | | services shall be voluntary. The Department may also provide | 6 | | services to any child or family after completion of a family | 7 | | assessment, as an alternative to an investigation, as provided | 8 | | under the "differential response program" provided for in | 9 | | subsection (a-5) of Section 7.4 of the Abused and Neglected | 10 | | Child Reporting Act.
| 11 | | The Department may, at its discretion except for those | 12 | | children also
adjudicated neglected or dependent, accept for | 13 | | care and training any child
who has been adjudicated addicted, | 14 | | as a truant minor in need of
supervision or as a minor | 15 | | requiring authoritative intervention, under the
Juvenile Court | 16 | | Act or the Juvenile Court Act of 1987, but no such child
shall | 17 | | be committed to the Department by any court without the | 18 | | approval of
the Department. On and after the effective date of | 19 | | this amendatory Act of the 98th General Assembly and before | 20 | | January 1, 2017, a A minor charged with a criminal offense | 21 | | under the Criminal
Code of 1961 or the Criminal Code of 2012 or | 22 | | adjudicated delinquent shall not be placed in the custody of or
| 23 | | committed to the Department by any court, except (i) a minor | 24 | | less than 16 15 years
of age committed to the Department under | 25 | | Section 5-710 of the Juvenile Court
Act
of 1987, (ii) a minor | 26 | | for whom an independent basis of abuse, neglect, or dependency |
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| 1 | | exists, which must be defined by departmental rule, or (iii) a | 2 | | minor for whom the court has granted a supplemental petition to | 3 | | reinstate wardship pursuant to subsection (2) of Section 2-33 | 4 | | of the Juvenile Court Act of 1987. On and after January 1, | 5 | | 2017, a minor charged with a criminal offense under the | 6 | | Criminal
Code of 1961 or the Criminal Code of 2012 or | 7 | | adjudicated delinquent shall not be placed in the custody of or
| 8 | | committed to the Department by any court, except (i) a minor | 9 | | less than 15 years
of age committed to the Department under | 10 | | Section 5-710 of the Juvenile Court
Act
of 1987, ii) a minor | 11 | | for whom an independent basis of abuse, neglect, or dependency | 12 | | exists, which must be defined by departmental rule, or (iii) a | 13 | | minor for whom the court has granted a supplemental petition to | 14 | | reinstate wardship pursuant to subsection (2) of Section 2-33 | 15 | | of the Juvenile Court Act of 1987. An independent basis exists | 16 | | when the allegations or adjudication of abuse, neglect, or | 17 | | dependency do not arise from the same facts, incident, or | 18 | | circumstances which give rise to a charge or adjudication of | 19 | | delinquency.
| 20 | | As soon as is possible after August 7, 2009 (the effective | 21 | | date of Public Act 96-134), the Department shall develop and | 22 | | implement a special program of family preservation services to | 23 | | support intact, foster, and adoptive families who are | 24 | | experiencing extreme hardships due to the difficulty and stress | 25 | | of caring for a child who has been diagnosed with a pervasive | 26 | | developmental disorder if the Department determines that those |
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| 1 | | services are necessary to ensure the health and safety of the | 2 | | child. The Department may offer services to any family whether | 3 | | or not a report has been filed under the Abused and Neglected | 4 | | Child Reporting Act. The Department may refer the child or | 5 | | family to services available from other agencies in the | 6 | | community if the conditions in the child's or family's home are | 7 | | reasonably likely to subject the child or family to future | 8 | | reports of suspected child abuse or neglect. Acceptance of | 9 | | these services shall be voluntary. The Department shall develop | 10 | | and implement a public information campaign to alert health and | 11 | | social service providers and the general public about these | 12 | | special family preservation services. The nature and scope of | 13 | | the services offered and the number of families served under | 14 | | the special program implemented under this paragraph shall be | 15 | | determined by the level of funding that the Department annually | 16 | | allocates for this purpose. The term "pervasive developmental | 17 | | disorder" under this paragraph means a neurological condition, | 18 | | including but not limited to, Asperger's Syndrome and autism, | 19 | | as defined in the most recent edition of the Diagnostic and | 20 | | Statistical Manual of Mental Disorders of the American | 21 | | Psychiatric Association. | 22 | | (l-1) The legislature recognizes that the best interests of | 23 | | the child
require that
the child be placed in the most | 24 | | permanent living arrangement as soon as is
practically
| 25 | | possible. To achieve this goal, the legislature directs the | 26 | | Department of
Children and
Family Services to conduct |
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| 1 | | concurrent planning so that permanency may occur at
the
| 2 | | earliest opportunity. Permanent living arrangements may | 3 | | include prevention of
placement of a child outside the home of | 4 | | the family when the child can be cared
for at
home without | 5 | | endangering the child's health or safety; reunification with | 6 | | the
family,
when safe and appropriate, if temporary placement | 7 | | is necessary; or movement of
the child
toward the most | 8 | | permanent living arrangement and permanent legal status.
| 9 | | When determining reasonable efforts to be made with respect | 10 | | to a child, as
described in this
subsection, and in making such | 11 | | reasonable efforts, the child's health and
safety shall be the
| 12 | | paramount concern.
| 13 | | When a child is placed in foster care, the Department shall | 14 | | ensure and
document that reasonable efforts were made to | 15 | | prevent or eliminate the need to
remove the child from the | 16 | | child's home. The Department must make
reasonable efforts to | 17 | | reunify the family when temporary placement of the child
occurs
| 18 | | unless otherwise required, pursuant to the Juvenile Court Act | 19 | | of 1987.
At any time after the dispositional hearing where the | 20 | | Department believes
that further reunification services would | 21 | | be ineffective, it may request a
finding from the court that | 22 | | reasonable efforts are no longer appropriate. The
Department is | 23 | | not required to provide further reunification services after | 24 | | such
a
finding.
| 25 | | A decision to place a child in substitute care shall be | 26 | | made with
considerations of the child's health, safety, and |
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| 1 | | best interests. At the
time of placement, consideration should | 2 | | also be given so that if reunification
fails or is delayed, the | 3 | | placement made is the best available placement to
provide | 4 | | permanency for the child.
| 5 | | The Department shall adopt rules addressing concurrent | 6 | | planning for
reunification and permanency. The Department | 7 | | shall consider the following
factors when determining | 8 | | appropriateness of concurrent planning:
| 9 | | (1) the likelihood of prompt reunification;
| 10 | | (2) the past history of the family;
| 11 | | (3) the barriers to reunification being addressed by | 12 | | the family;
| 13 | | (4) the level of cooperation of the family;
| 14 | | (5) the foster parents' willingness to work with the | 15 | | family to reunite;
| 16 | | (6) the willingness and ability of the foster family to | 17 | | provide an
adoptive
home or long-term placement;
| 18 | | (7) the age of the child;
| 19 | | (8) placement of siblings.
| 20 | | (m) The Department may assume temporary custody of any | 21 | | child if:
| 22 | | (1) it has received a written consent to such temporary | 23 | | custody
signed by the parents of the child or by the parent | 24 | | having custody of the
child if the parents are not living | 25 | | together or by the guardian or
custodian of the child if | 26 | | the child is not in the custody of either
parent, or
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| 1 | | (2) the child is found in the State and neither a | 2 | | parent,
guardian nor custodian of the child can be located.
| 3 | | If the child is found in his or her residence without a parent, | 4 | | guardian,
custodian or responsible caretaker, the Department | 5 | | may, instead of removing
the child and assuming temporary | 6 | | custody, place an authorized
representative of the Department | 7 | | in that residence until such time as a
parent, guardian or | 8 | | custodian enters the home and expresses a willingness
and | 9 | | apparent ability to ensure the child's health and safety and | 10 | | resume
permanent
charge of the child, or until a
relative | 11 | | enters the home and is willing and able to ensure the child's | 12 | | health
and
safety and assume charge of the
child until a | 13 | | parent, guardian or custodian enters the home and expresses
| 14 | | such willingness and ability to ensure the child's safety and | 15 | | resume
permanent charge. After a caretaker has remained in the | 16 | | home for a period not
to exceed 12 hours, the Department must | 17 | | follow those procedures outlined in
Section 2-9, 3-11, 4-8, or | 18 | | 5-415 of the Juvenile Court Act
of 1987.
| 19 | | The Department shall have the authority, responsibilities | 20 | | and duties that
a legal custodian of the child would have | 21 | | pursuant to subsection (9) of
Section 1-3 of the Juvenile Court | 22 | | Act of 1987. Whenever a child is taken
into temporary custody | 23 | | pursuant to an investigation under the Abused and
Neglected | 24 | | Child Reporting Act, or pursuant to a referral and acceptance
| 25 | | under the Juvenile Court Act of 1987 of a minor in limited | 26 | | custody, the
Department, during the period of temporary custody |
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| 1 | | and before the child
is brought before a judicial officer as | 2 | | required by Section 2-9, 3-11,
4-8, or 5-415 of the Juvenile | 3 | | Court Act of 1987, shall have
the authority, responsibilities | 4 | | and duties that a legal custodian of the child
would have under | 5 | | subsection (9) of Section 1-3 of the Juvenile Court Act of
| 6 | | 1987.
| 7 | | The Department shall ensure that any child taken into | 8 | | custody
is scheduled for an appointment for a medical | 9 | | examination.
| 10 | | A parent, guardian or custodian of a child in the temporary | 11 | | custody of the
Department who would have custody of the child | 12 | | if he were not in the
temporary custody of the Department may | 13 | | deliver to the Department a signed
request that the Department | 14 | | surrender the temporary custody of the child.
The Department | 15 | | may retain temporary custody of the child for 10 days after
the | 16 | | receipt of the request, during which period the Department may | 17 | | cause to
be filed a petition pursuant to the Juvenile Court Act | 18 | | of 1987. If a
petition is so filed, the Department shall retain | 19 | | temporary custody of the
child until the court orders | 20 | | otherwise. If a petition is not filed within
the 10 day period, | 21 | | the child shall be surrendered to the custody of the
requesting | 22 | | parent, guardian or custodian not later than the expiration of
| 23 | | the 10 day period, at which time the authority and duties of | 24 | | the Department
with respect to the temporary custody of the | 25 | | child shall terminate.
| 26 | | (m-1) The Department may place children under 18 years of |
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| 1 | | age in a secure
child care facility licensed by the Department | 2 | | that cares for children who are
in need of secure living | 3 | | arrangements for their health, safety, and well-being
after a | 4 | | determination is made by the facility director and the Director | 5 | | or the
Director's designate prior to admission to the facility | 6 | | subject to Section
2-27.1 of the Juvenile Court Act of 1987. | 7 | | This subsection (m-1) does not apply
to a child who is subject | 8 | | to placement in a correctional facility operated
pursuant to | 9 | | Section 3-15-2 of the Unified Code of Corrections, unless the
| 10 | | child is a ward who was placed under the care of the Department | 11 | | before being
subject to placement in a correctional facility | 12 | | and a court of competent
jurisdiction has ordered placement of | 13 | | the child in a secure care facility.
| 14 | | (n) The Department may place children under 18 years of age | 15 | | in
licensed child care facilities when in the opinion of the | 16 | | Department,
appropriate services aimed at family preservation | 17 | | have been unsuccessful and
cannot ensure the child's health and | 18 | | safety or are unavailable and such
placement would be for their | 19 | | best interest. Payment
for board, clothing, care, training and | 20 | | supervision of any child placed in
a licensed child care | 21 | | facility may be made by the Department, by the
parents or | 22 | | guardians of the estates of those children, or by both the
| 23 | | Department and the parents or guardians, except that no | 24 | | payments shall be
made by the Department for any child placed | 25 | | in a licensed child care
facility for board, clothing, care, | 26 | | training and supervision of such a
child that exceed the |
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| 1 | | average per capita cost of maintaining and of caring
for a | 2 | | child in institutions for dependent or neglected children | 3 | | operated by
the Department. However, such restriction on | 4 | | payments does not apply in
cases where children require | 5 | | specialized care and treatment for problems of
severe emotional | 6 | | disturbance, physical disability, social adjustment, or
any | 7 | | combination thereof and suitable facilities for the placement | 8 | | of such
children are not available at payment rates within the | 9 | | limitations set
forth in this Section. All reimbursements for | 10 | | services delivered shall be
absolutely inalienable by | 11 | | assignment, sale, attachment, garnishment or
otherwise.
| 12 | | (n-1) The Department shall provide or authorize child | 13 | | welfare services, aimed at assisting minors to achieve | 14 | | sustainable self-sufficiency as independent adults, for any | 15 | | minor eligible for the reinstatement of wardship pursuant to | 16 | | subsection (2) of Section 2-33 of the Juvenile Court Act of | 17 | | 1987, whether or not such reinstatement is sought or allowed, | 18 | | provided that the minor consents to such services and has not | 19 | | yet attained the age of 21. The Department shall have | 20 | | responsibility for the development and delivery of services | 21 | | under this Section. An eligible youth may access services under | 22 | | this Section through the Department of Children and Family | 23 | | Services or by referral from the Department of Human Services. | 24 | | Youth participating in services under this Section shall | 25 | | cooperate with the assigned case manager in developing an | 26 | | agreement identifying the services to be provided and how the |
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| 1 | | youth will increase skills to achieve self-sufficiency. A | 2 | | homeless shelter is not considered appropriate housing for any | 3 | | youth receiving child welfare services under this Section. The | 4 | | Department shall continue child welfare services under this | 5 | | Section to any eligible minor until the minor becomes 21 years | 6 | | of age, no longer consents to participate, or achieves | 7 | | self-sufficiency as identified in the minor's service plan. The | 8 | | Department of Children and Family Services shall create clear, | 9 | | readable notice of the rights of former foster youth to child | 10 | | welfare services under this Section and how such services may | 11 | | be obtained. The Department of Children and Family Services and | 12 | | the Department of Human Services shall disseminate this | 13 | | information statewide. The Department shall adopt regulations | 14 | | describing services intended to assist minors in achieving | 15 | | sustainable self-sufficiency as independent adults. | 16 | | (o) The Department shall establish an administrative | 17 | | review and appeal
process for children and families who request | 18 | | or receive child welfare
services from the Department. Children | 19 | | who are wards of the Department and
are placed by private child | 20 | | welfare agencies, and foster families with whom
those children | 21 | | are placed, shall be afforded the same procedural and appeal
| 22 | | rights as children and families in the case of placement by the | 23 | | Department,
including the right to an initial review of a | 24 | | private agency decision by
that agency. The Department shall | 25 | | insure that any private child welfare
agency, which accepts | 26 | | wards of the Department for placement, affords those
rights to |
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| 1 | | children and foster families. The Department shall accept for
| 2 | | administrative review and an appeal hearing a complaint made by | 3 | | (i) a child
or foster family concerning a decision following an | 4 | | initial review by a
private child welfare agency or (ii) a | 5 | | prospective adoptive parent who alleges
a violation of | 6 | | subsection (j-5) of this Section. An appeal of a decision
| 7 | | concerning a change in the placement of a child shall be | 8 | | conducted in an
expedited manner. A court determination that a | 9 | | current foster home placement is necessary and appropriate | 10 | | under Section 2-28 of the Juvenile Court Act of 1987 does not | 11 | | constitute a judicial determination on the merits of an | 12 | | administrative appeal, filed by a former foster parent, | 13 | | involving a change of placement decision.
| 14 | | (p) There is hereby created the Department of Children and | 15 | | Family
Services Emergency Assistance Fund from which the | 16 | | Department may provide
special financial assistance to | 17 | | families which are in economic crisis when
such assistance is | 18 | | not available through other public or private sources
and the | 19 | | assistance is deemed necessary to prevent dissolution of the | 20 | | family
unit or to reunite families which have been separated | 21 | | due to child abuse and
neglect. The Department shall establish | 22 | | administrative rules specifying
the criteria for determining | 23 | | eligibility for and the amount and nature of
assistance to be | 24 | | provided. The Department may also enter into written
agreements | 25 | | with private and public social service agencies to provide
| 26 | | emergency financial services to families referred by the |
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| 1 | | Department.
Special financial assistance payments shall be | 2 | | available to a family no
more than once during each fiscal year | 3 | | and the total payments to a
family may not exceed $500 during a | 4 | | fiscal year.
| 5 | | (q) The Department may receive and use, in their entirety, | 6 | | for the
benefit of children any gift, donation or bequest of | 7 | | money or other
property which is received on behalf of such | 8 | | children, or any financial
benefits to which such children are | 9 | | or may become entitled while under
the jurisdiction or care of | 10 | | the Department.
| 11 | | The Department shall set up and administer no-cost, | 12 | | interest-bearing accounts in appropriate financial | 13 | | institutions
for children for whom the Department is legally | 14 | | responsible and who have been
determined eligible for Veterans' | 15 | | Benefits, Social Security benefits,
assistance allotments from | 16 | | the armed forces, court ordered payments, parental
voluntary | 17 | | payments, Supplemental Security Income, Railroad Retirement
| 18 | | payments, Black Lung benefits, or other miscellaneous | 19 | | payments. Interest
earned by each account shall be credited to | 20 | | the account, unless
disbursed in accordance with this | 21 | | subsection.
| 22 | | In disbursing funds from children's accounts, the | 23 | | Department
shall:
| 24 | | (1) Establish standards in accordance with State and | 25 | | federal laws for
disbursing money from children's | 26 | | accounts. In all
circumstances,
the Department's |
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| 1 | | "Guardianship Administrator" or his or her designee must
| 2 | | approve disbursements from children's accounts. The | 3 | | Department
shall be responsible for keeping complete | 4 | | records of all disbursements for each account for any | 5 | | purpose.
| 6 | | (2) Calculate on a monthly basis the amounts paid from | 7 | | State funds for the
child's board and care, medical care | 8 | | not covered under Medicaid, and social
services; and | 9 | | utilize funds from the child's account, as
covered by | 10 | | regulation, to reimburse those costs. Monthly, | 11 | | disbursements from
all children's accounts, up to 1/12 of | 12 | | $13,000,000, shall be
deposited by the Department into the | 13 | | General Revenue Fund and the balance over
1/12 of | 14 | | $13,000,000 into the DCFS Children's Services Fund.
| 15 | | (3) Maintain any balance remaining after reimbursing | 16 | | for the child's costs
of care, as specified in item (2). | 17 | | The balance shall accumulate in accordance
with relevant | 18 | | State and federal laws and shall be disbursed to the child | 19 | | or his
or her guardian, or to the issuing agency.
| 20 | | (r) The Department shall promulgate regulations | 21 | | encouraging all adoption
agencies to voluntarily forward to the | 22 | | Department or its agent names and
addresses of all persons who | 23 | | have applied for and have been approved for
adoption of a | 24 | | hard-to-place or handicapped child and the names of such
| 25 | | children who have not been placed for adoption. A list of such | 26 | | names and
addresses shall be maintained by the Department or |
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| 1 | | its agent, and coded
lists which maintain the confidentiality | 2 | | of the person seeking to adopt the
child and of the child shall | 3 | | be made available, without charge, to every
adoption agency in | 4 | | the State to assist the agencies in placing such
children for | 5 | | adoption. The Department may delegate to an agent its duty to
| 6 | | maintain and make available such lists. The Department shall | 7 | | ensure that
such agent maintains the confidentiality of the | 8 | | person seeking to adopt the
child and of the child.
| 9 | | (s) The Department of Children and Family Services may | 10 | | establish and
implement a program to reimburse Department and | 11 | | private child welfare
agency foster parents licensed by the | 12 | | Department of Children and Family
Services for damages | 13 | | sustained by the foster parents as a result of the
malicious or | 14 | | negligent acts of foster children, as well as providing third
| 15 | | party coverage for such foster parents with regard to actions | 16 | | of foster
children to other individuals. Such coverage will be | 17 | | secondary to the
foster parent liability insurance policy, if | 18 | | applicable. The program shall
be funded through appropriations | 19 | | from the General Revenue Fund,
specifically designated for such | 20 | | purposes.
| 21 | | (t) The Department shall perform home studies and | 22 | | investigations and
shall exercise supervision over visitation | 23 | | as ordered by a court pursuant
to the Illinois Marriage and | 24 | | Dissolution of Marriage Act or the Adoption
Act only if:
| 25 | | (1) an order entered by an Illinois court specifically
| 26 | | directs the Department to perform such services; and
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| 1 | | (2) the court has ordered one or both of the parties to
| 2 | | the proceeding to reimburse the Department for its | 3 | | reasonable costs for
providing such services in accordance | 4 | | with Department rules, or has
determined that neither party | 5 | | is financially able to pay.
| 6 | | The Department shall provide written notification to the | 7 | | court of the
specific arrangements for supervised visitation | 8 | | and projected monthly costs
within 60 days of the court order. | 9 | | The Department shall send to the court
information related to | 10 | | the costs incurred except in cases where the court
has | 11 | | determined the parties are financially unable to pay. The court | 12 | | may
order additional periodic reports as appropriate.
| 13 | | (u) In addition to other information that must be provided, | 14 | | whenever the Department places a child with a prospective | 15 | | adoptive parent or parents or in a licensed foster home,
group | 16 | | home, child care institution, or in a relative home, the | 17 | | Department
shall provide to the prospective adoptive parent or | 18 | | parents or other caretaker:
| 19 | | (1) available detailed information concerning the | 20 | | child's educational
and health history, copies of | 21 | | immunization records (including insurance
and medical card | 22 | | information), a history of the child's previous | 23 | | placements,
if any, and reasons for placement changes | 24 | | excluding any information that
identifies or reveals the | 25 | | location of any previous caretaker;
| 26 | | (2) a copy of the child's portion of the client service |
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| 1 | | plan, including
any visitation arrangement, and all | 2 | | amendments or revisions to it as
related to the child; and
| 3 | | (3) information containing details of the child's | 4 | | individualized
educational plan when the child is | 5 | | receiving special education services.
| 6 | | The caretaker shall be informed of any known social or | 7 | | behavioral
information (including, but not limited to, | 8 | | criminal background, fire
setting, perpetuation of
sexual | 9 | | abuse, destructive behavior, and substance abuse) necessary to | 10 | | care
for and safeguard the children to be placed or currently | 11 | | in the home. The Department may prepare a written summary of | 12 | | the information required by this paragraph, which may be | 13 | | provided to the foster or prospective adoptive parent in | 14 | | advance of a placement. The foster or prospective adoptive | 15 | | parent may review the supporting documents in the child's file | 16 | | in the presence of casework staff. In the case of an emergency | 17 | | placement, casework staff shall at least provide known | 18 | | information verbally, if necessary, and must subsequently | 19 | | provide the information in writing as required by this | 20 | | subsection.
| 21 | | The information described in this subsection shall be | 22 | | provided in writing. In the case of emergency placements when | 23 | | time does not allow prior review, preparation, and collection | 24 | | of written information, the Department shall provide such | 25 | | information as it becomes available. Within 10 business days | 26 | | after placement, the Department shall obtain from the |
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| 1 | | prospective adoptive parent or parents or other caretaker a | 2 | | signed verification of receipt of the information provided. | 3 | | Within 10 business days after placement, the Department shall | 4 | | provide to the child's guardian ad litem a copy of the | 5 | | information provided to the prospective adoptive parent or | 6 | | parents or other caretaker. The information provided to the | 7 | | prospective adoptive parent or parents or other caretaker shall | 8 | | be reviewed and approved regarding accuracy at the supervisory | 9 | | level.
| 10 | | (u-5) Effective July 1, 1995, only foster care placements | 11 | | licensed as
foster family homes pursuant to the Child Care Act | 12 | | of 1969 shall be eligible to
receive foster care payments from | 13 | | the Department.
Relative caregivers who, as of July 1, 1995, | 14 | | were approved pursuant to approved
relative placement rules | 15 | | previously promulgated by the Department at 89 Ill.
Adm. Code | 16 | | 335 and had submitted an application for licensure as a foster | 17 | | family
home may continue to receive foster care payments only | 18 | | until the Department
determines that they may be licensed as a | 19 | | foster family home or that their
application for licensure is | 20 | | denied or until September 30, 1995, whichever
occurs first.
| 21 | | (v) The Department shall access criminal history record | 22 | | information
as defined in the Illinois Uniform Conviction | 23 | | Information Act and information
maintained in the adjudicatory | 24 | | and dispositional record system as defined in
Section 2605-355 | 25 | | of the
Department of State Police Law (20 ILCS 2605/2605-355)
| 26 | | if the Department determines the information is necessary to |
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| 1 | | perform its duties
under the Abused and Neglected Child | 2 | | Reporting Act, the Child Care Act of 1969,
and the Children and | 3 | | Family Services Act. The Department shall provide for
| 4 | | interactive computerized communication and processing | 5 | | equipment that permits
direct on-line communication with the | 6 | | Department of State Police's central
criminal history data | 7 | | repository. The Department shall comply with all
certification | 8 | | requirements and provide certified operators who have been
| 9 | | trained by personnel from the Department of State Police. In | 10 | | addition, one
Office of the Inspector General investigator | 11 | | shall have training in the use of
the criminal history | 12 | | information access system and have
access to the terminal. The | 13 | | Department of Children and Family Services and its
employees | 14 | | shall abide by rules and regulations established by the | 15 | | Department of
State Police relating to the access and | 16 | | dissemination of
this information.
| 17 | | (v-1) Prior to final approval for placement of a child, the | 18 | | Department shall conduct a criminal records background check of | 19 | | the prospective foster or adoptive parent, including | 20 | | fingerprint-based checks of national crime information | 21 | | databases. Final approval for placement shall not be granted if | 22 | | the record check reveals a felony conviction for child abuse or | 23 | | neglect, for spousal abuse, for a crime against children, or | 24 | | for a crime involving violence, including rape, sexual assault, | 25 | | or homicide, but not including other physical assault or | 26 | | battery, or if there is a felony conviction for physical |
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| 1 | | assault, battery, or a drug-related offense committed within | 2 | | the past 5 years. | 3 | | (v-2) Prior to final approval for placement of a child, the | 4 | | Department shall check its child abuse and neglect registry for | 5 | | information concerning prospective foster and adoptive | 6 | | parents, and any adult living in the home. If any prospective | 7 | | foster or adoptive parent or other adult living in the home has | 8 | | resided in another state in the preceding 5 years, the | 9 | | Department shall request a check of that other state's child | 10 | | abuse and neglect registry.
| 11 | | (w) Within 120 days of August 20, 1995 (the effective date | 12 | | of Public Act
89-392), the Department shall prepare and submit | 13 | | to the Governor and the
General Assembly, a written plan for | 14 | | the development of in-state licensed
secure child care | 15 | | facilities that care for children who are in need of secure
| 16 | | living
arrangements for their health, safety, and well-being. | 17 | | For purposes of this
subsection, secure care facility shall | 18 | | mean a facility that is designed and
operated to ensure that | 19 | | all entrances and exits from the facility, a building
or a | 20 | | distinct part of the building, are under the exclusive control | 21 | | of the
staff of the facility, whether or not the child has the | 22 | | freedom of movement
within the perimeter of the facility, | 23 | | building, or distinct part of the
building. The plan shall | 24 | | include descriptions of the types of facilities that
are needed | 25 | | in Illinois; the cost of developing these secure care | 26 | | facilities;
the estimated number of placements; the potential |
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| 1 | | cost savings resulting from
the movement of children currently | 2 | | out-of-state who are projected to be
returned to Illinois; the | 3 | | necessary geographic distribution of these
facilities in | 4 | | Illinois; and a proposed timetable for development of such
| 5 | | facilities. | 6 | | (x) The Department shall conduct annual credit history | 7 | | checks to determine the financial history of children placed | 8 | | under its guardianship pursuant to the Juvenile Court Act of | 9 | | 1987. The Department shall conduct such credit checks starting | 10 | | when a ward turns 12 years old and each year thereafter for the | 11 | | duration of the guardianship as terminated pursuant to the | 12 | | Juvenile Court Act of 1987. The Department shall determine if | 13 | | financial exploitation of the child's personal information has | 14 | | occurred. If financial exploitation appears to have taken place | 15 | | or is presently ongoing, the Department shall notify the proper | 16 | | law enforcement agency, the proper State's Attorney, or the | 17 | | Attorney General. | 18 | | (y) Beginning on the effective date of this amendatory Act | 19 | | of the 96th General Assembly, a child with a disability who | 20 | | receives residential and educational services from the | 21 | | Department shall be eligible to receive transition services in | 22 | | accordance with Article 14 of the School Code from the age of | 23 | | 14.5 through age 21, inclusive, notwithstanding the child's | 24 | | residential services arrangement. For purposes of this | 25 | | subsection, "child with a disability" means a child with a | 26 | | disability as defined by the federal Individuals with |
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| 1 | | Disabilities Education Improvement Act of 2004. | 2 | | (z) The Department shall access criminal history record | 3 | | information as defined as "background information" in this | 4 | | subsection and criminal history record information as defined | 5 | | in the Illinois Uniform Conviction Information Act for each | 6 | | Department employee or Department applicant. Each Department | 7 | | employee or Department applicant shall submit his or her | 8 | | fingerprints to the Department of State Police in the form and | 9 | | manner prescribed by the Department of State Police. These | 10 | | fingerprints shall be checked against the fingerprint records | 11 | | now and hereafter filed in the Department of State Police and | 12 | | the Federal Bureau of Investigation criminal history records | 13 | | databases. The Department of State Police shall charge a fee | 14 | | for conducting the criminal history record check, which shall | 15 | | be deposited into the State Police Services Fund and shall not | 16 | | exceed the actual cost of the record check. The Department of | 17 | | State Police shall furnish, pursuant to positive | 18 | | identification, all Illinois conviction information to the | 19 | | Department of Children and Family Services. | 20 | | For purposes of this subsection: | 21 | | "Background information" means all of the following: | 22 | | (i) Upon the request of the Department of Children and | 23 | | Family Services, conviction information obtained from the | 24 | | Department of State Police as a result of a | 25 | | fingerprint-based criminal history records check of the | 26 | | Illinois criminal history records database and the Federal |
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| 1 | | Bureau of Investigation criminal history records database | 2 | | concerning a Department employee or Department applicant. | 3 | | (ii) Information obtained by the Department of | 4 | | Children and Family Services after performing a check of | 5 | | the Department of State Police's Sex Offender Database, as | 6 | | authorized by Section 120 of the Sex Offender Community | 7 | | Notification Law, concerning a Department employee or | 8 | | Department applicant. | 9 | | (iii) Information obtained by the Department of | 10 | | Children and Family Services after performing a check of | 11 | | the Child Abuse and Neglect Tracking System (CANTS) | 12 | | operated and maintained by the Department. | 13 | | "Department employee" means a full-time or temporary | 14 | | employee coded or certified within the State of Illinois | 15 | | Personnel System. | 16 | | "Department applicant" means an individual who has | 17 | | conditional Department full-time or part-time work, a | 18 | | contractor, an individual used to replace or supplement staff, | 19 | | an academic intern, a volunteer in Department offices or on | 20 | | Department contracts, a work-study student, an individual or | 21 | | entity licensed by the Department, or an unlicensed service | 22 | | provider who works as a condition of a contract or an agreement | 23 | | and whose work may bring the unlicensed service provider into | 24 | | contact with Department clients or client records. | 25 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-249, eff. 1-1-14; | 26 | | 98-570, eff. 8-27-13; revised 9-4-13.) |
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| 1 | | Section 10. The Juvenile Court Act of 1987 is amended by | 2 | | changing Sections 2-10, 2-27, and 5-710 as follows:
| 3 | | (705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
| 4 | | Sec. 2-10. Temporary custody hearing. At the appearance of | 5 | | the
minor before the court at the temporary custody hearing, | 6 | | all
witnesses present shall be examined before the court in | 7 | | relation to any
matter connected with the allegations made in | 8 | | the petition.
| 9 | | (1) If the court finds that there is not probable cause to | 10 | | believe
that the minor is abused, neglected or dependent it | 11 | | shall release
the minor and dismiss the petition.
| 12 | | (2) If the court finds that there is probable cause to | 13 | | believe that
the minor is abused, neglected or dependent, the | 14 | | court shall state in writing
the factual basis supporting its | 15 | | finding and the minor, his or her parent,
guardian, custodian | 16 | | and other persons able to give relevant testimony
shall be | 17 | | examined before the court. The Department of Children and
| 18 | | Family Services shall give testimony concerning indicated | 19 | | reports of abuse
and neglect, of which they are aware of | 20 | | through the central registry,
involving the minor's parent, | 21 | | guardian or custodian. After such
testimony, the court may, | 22 | | consistent with
the health,
safety and best interests of the | 23 | | minor,
enter an order that the minor shall be released
upon the | 24 | | request of parent, guardian or custodian if the parent, |
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| 1 | | guardian
or custodian appears to take custody. If it is | 2 | | determined that a parent's, guardian's, or custodian's | 3 | | compliance with critical services mitigates the necessity for | 4 | | removal of the minor from his or her home, the court may enter | 5 | | an Order of Protection setting forth reasonable conditions of | 6 | | behavior that a parent, guardian, or custodian must observe for | 7 | | a specified period of time, not to exceed 12 months, without a | 8 | | violation; provided, however, that the 12-month period shall | 9 | | begin anew after any violation. Custodian shall include any | 10 | | agency of
the State which has been given custody or wardship of | 11 | | the child. If it is
consistent with the health, safety and best | 12 | | interests of the
minor, the
court may also prescribe shelter | 13 | | care and
order that the minor be kept in a suitable place | 14 | | designated by the court or in
a shelter care facility | 15 | | designated by the Department of Children and Family
Services or | 16 | | a licensed child welfare
agency; however, on and after the | 17 | | effective date of this amendatory Act of the 98th General | 18 | | Assembly and before January 1, 2017, a minor charged with a
| 19 | | criminal offense under the Criminal Code of 1961 or the | 20 | | Criminal Code of 2012 or adjudicated delinquent
shall not be | 21 | | placed in the custody of or committed to the Department of
| 22 | | Children and Family Services by any court, except a minor less | 23 | | than 16 15
years of age and committed to the Department of | 24 | | Children and Family Services
under Section 5-710 of this Act or | 25 | | a minor for whom an independent
basis of
abuse, neglect, or | 26 | | dependency exists ; and on and after January 1, 2017, a minor |
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| 1 | | charged with a
criminal offense under the Criminal Code of 1961 | 2 | | or the Criminal Code of 2012 or adjudicated delinquent
shall | 3 | | not be placed in the custody of or committed to the Department | 4 | | of
Children and Family Services by any court, except a minor | 5 | | less than 15 years of age and committed to the Department of | 6 | | Children and Family Services
under Section 5-710 of this Act or | 7 | | a minor for whom an independent
basis of
abuse, neglect, or | 8 | | dependency exists .
An independent basis exists when the | 9 | | allegations or adjudication of abuse, neglect, or dependency do | 10 | | not arise from the same facts, incident, or circumstances which | 11 | | give rise to a charge or adjudication of delinquency.
| 12 | | In placing the minor, the Department or other
agency shall, | 13 | | to the extent
compatible with the court's order, comply with | 14 | | Section 7 of the Children and
Family Services Act.
In | 15 | | determining
the health, safety and best interests of the minor | 16 | | to prescribe shelter
care, the court must
find that it is a | 17 | | matter of immediate and urgent necessity for the safety
and | 18 | | protection
of the minor or of the person or property of another | 19 | | that the minor be placed
in a shelter care facility or that he | 20 | | or she is likely to flee the jurisdiction
of the court, and | 21 | | must further find that reasonable efforts have been made or
| 22 | | that, consistent with the health, safety and best interests of
| 23 | | the minor, no efforts reasonably can be made to
prevent or | 24 | | eliminate the necessity of removal of the minor from his or her
| 25 | | home. The court shall require documentation from the Department | 26 | | of Children and
Family Services as to the reasonable efforts |
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| 1 | | that were made to prevent or
eliminate the necessity of removal | 2 | | of the minor from his or her home or the
reasons why no efforts | 3 | | reasonably could be made to prevent or eliminate the
necessity | 4 | | of removal. When a minor is placed in the home of a relative, | 5 | | the
Department of Children and Family Services shall complete a | 6 | | preliminary
background review of the members of the minor's | 7 | | custodian's household in
accordance with Section 4.3 of the | 8 | | Child Care Act of 1969 within 90 days of
that placement. If the | 9 | | minor is ordered placed in a shelter care facility of
the | 10 | | Department of Children and
Family Services or a licensed child | 11 | | welfare agency, the court shall, upon
request of the | 12 | | appropriate Department or other agency, appoint the
Department | 13 | | of Children and Family Services Guardianship Administrator or
| 14 | | other appropriate agency executive temporary custodian of the | 15 | | minor and the
court may enter such other orders related to the | 16 | | temporary custody as it
deems fit and proper, including the | 17 | | provision of services to the minor or
his family to ameliorate | 18 | | the causes contributing to the finding of probable
cause or to | 19 | | the finding of the existence of immediate and urgent necessity.
| 20 | | Where the Department of Children and Family Services | 21 | | Guardianship Administrator is appointed as the executive | 22 | | temporary custodian, the Department of Children and Family | 23 | | Services shall file with the court and serve on the parties a | 24 | | parent-child visiting plan, within 10 days, excluding weekends | 25 | | and holidays, after the appointment. The parent-child visiting | 26 | | plan shall set out the time and place of visits, the frequency |
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| 1 | | of visits, the length of visits, who shall be present at the | 2 | | visits, and where appropriate, the minor's opportunities to | 3 | | have telephone and mail communication with the parents. | 4 | | Where the Department of Children and Family Services | 5 | | Guardianship Administrator is
appointed as the executive | 6 | | temporary custodian, and when the child has siblings in care,
| 7 | | the Department of Children and Family Services shall file with | 8 | | the court and serve on the
parties a sibling placement and | 9 | | contact plan within 10 days, excluding weekends and
holidays, | 10 | | after the appointment. The sibling placement and contact plan | 11 | | shall set forth
whether the siblings are placed together, and | 12 | | if they are not placed together, what, if any,
efforts are | 13 | | being made to place them together. If the Department has | 14 | | determined that it is
not in a child's best interest to be | 15 | | placed with a sibling, the Department shall document in
the | 16 | | sibling placement and contact plan the basis for its | 17 | | determination. For siblings placed
separately, the sibling | 18 | | placement and contact plan shall set the time and place for | 19 | | visits,
the frequency of the visits, the length of visits, who | 20 | | shall be present for the visits, and
where appropriate, the | 21 | | child's opportunities to have contact with their siblings in | 22 | | addition to
in person contact. If the Department determines it | 23 | | is not in the best interest of a sibling to
have contact with a | 24 | | sibling, the Department shall document in the sibling placement | 25 | | and
contact plan the basis for its determination. The sibling | 26 | | placement and contact plan shall
specify a date for development |
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| 1 | | of the Sibling Contact Support Plan, under subsection (f) of | 2 | | Section 7.4 of the Children and Family Services Act, and shall | 3 | | remain in effect until the Sibling Contact Support Plan is | 4 | | developed. | 5 | | For good cause, the court may waive the requirement to | 6 | | file the parent-child visiting plan or the sibling placement | 7 | | and contact plan, or extend the time for filing either plan. | 8 | | Any party may, by motion, request the court to review the | 9 | | parent-child visiting plan to determine whether it is | 10 | | reasonably calculated to expeditiously facilitate the | 11 | | achievement of the permanency goal. A party may, by motion, | 12 | | request the court to review the parent-child visiting plan or | 13 | | the sibling placement and contact plan to determine whether it | 14 | | is consistent with the minor's best interest. The court may | 15 | | refer the parties to mediation where available. The frequency, | 16 | | duration, and locations of visitation shall be measured by the | 17 | | needs of the child and family, and not by the convenience of | 18 | | Department personnel. Child development principles shall be | 19 | | considered by the court in its analysis of how frequent | 20 | | visitation should be, how long it should last, where it should | 21 | | take place, and who should be present. If upon motion of the | 22 | | party to review either plan and after receiving evidence, the | 23 | | court determines that the parent-child visiting plan is not | 24 | | reasonably calculated to expeditiously facilitate the | 25 | | achievement of the permanency goal or that the restrictions | 26 | | placed on parent-child contact or sibling placement or contact |
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| 1 | | are contrary to the child's best interests, the court shall put | 2 | | in writing the factual basis supporting the determination and | 3 | | enter specific findings based on the evidence. The court shall | 4 | | enter an order for the Department to implement changes to the | 5 | | parent-child visiting plan or sibling placement or contact | 6 | | plan, consistent with the court's findings. At any stage of | 7 | | proceeding, any party may by motion request the court to enter | 8 | | any orders necessary to implement the parent-child visiting | 9 | | plan, sibling placement or contact plan or subsequently | 10 | | developed Sibling Contact Support Plan. Nothing under this | 11 | | subsection (2) shall restrict the court from granting | 12 | | discretionary authority to the Department to increase | 13 | | opportunities for additional parent-child contacts or sibling | 14 | | contacts, without further court orders. Nothing in this | 15 | | subsection (2) shall restrict the Department from immediately | 16 | | restricting or terminating parent-child contact or sibling | 17 | | contacts, without either amending the parent-child visiting | 18 | | plan or the sibling contact plan or obtaining a court order, | 19 | | where the Department or its assigns reasonably believe that | 20 | | continuation of the contact, as set out in the plan, would be | 21 | | contrary to the child's health, safety, and welfare. The | 22 | | Department shall file with the court and serve on the parties | 23 | | any amendments to the plan within 10 days, excluding weekends | 24 | | and holidays, of the change of the visitation.
| 25 | | Acceptance of services shall not be considered an admission | 26 | | of any
allegation in a petition made pursuant to this Act, nor |
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| 1 | | may a referral of
services be considered as evidence in any | 2 | | proceeding pursuant to this Act,
except where the issue is | 3 | | whether the Department has made reasonable
efforts to reunite | 4 | | the family. In making its findings that it is
consistent with | 5 | | the health, safety and best
interests of the minor to prescribe | 6 | | shelter care, the court shall state in
writing (i) the factual | 7 | | basis supporting its findings concerning the
immediate and | 8 | | urgent necessity for the protection of the minor or of the | 9 | | person
or property of another and (ii) the factual basis | 10 | | supporting its findings that
reasonable efforts were made to | 11 | | prevent or eliminate the removal of the minor
from his or her | 12 | | home or that no efforts reasonably could be made to prevent or
| 13 | | eliminate the removal of the minor from his or her home. The
| 14 | | parents, guardian, custodian, temporary custodian and minor | 15 | | shall each be
furnished a copy of such written findings. The | 16 | | temporary custodian shall
maintain a copy of the court order | 17 | | and written findings in the case record
for the child. The | 18 | | order together with the court's findings of fact in
support | 19 | | thereof shall be entered of record in the court.
| 20 | | Once the court finds that it is a matter of immediate and | 21 | | urgent necessity
for the protection of the minor that the minor | 22 | | be placed in a shelter care
facility, the minor shall not be | 23 | | returned to the parent, custodian or guardian
until the court | 24 | | finds that such placement is no longer necessary for the
| 25 | | protection of the minor.
| 26 | | If the child is placed in the temporary custody of the |
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| 1 | | Department of
Children
and Family
Services for his or her | 2 | | protection, the court shall admonish the parents,
guardian,
| 3 | | custodian or responsible relative that the parents must | 4 | | cooperate with the
Department of Children and Family Services, | 5 | | comply
with the terms of the service plans, and correct the | 6 | | conditions which require
the child to be in care, or risk | 7 | | termination of their parental
rights.
| 8 | | (3) If prior to the shelter care hearing for a minor | 9 | | described in Sections
2-3, 2-4, 3-3 and 4-3 the moving party is | 10 | | unable to serve notice on the
party respondent, the shelter | 11 | | care hearing may proceed ex-parte. A shelter
care order from an | 12 | | ex-parte hearing shall be endorsed with the date and
hour of | 13 | | issuance and shall be filed with the clerk's office and entered | 14 | | of
record. The order shall expire after 10 days from the time | 15 | | it is issued
unless before its expiration it is renewed, at a | 16 | | hearing upon appearance
of the party respondent, or upon an | 17 | | affidavit of the moving party as to all
diligent efforts to | 18 | | notify the party respondent by notice as herein
prescribed. The | 19 | | notice prescribed shall be in writing and shall be
personally | 20 | | delivered to the minor or the minor's attorney and to the last
| 21 | | known address of the other person or persons entitled to | 22 | | notice. The
notice shall also state the nature of the | 23 | | allegations, the nature of the
order sought by the State, | 24 | | including whether temporary custody is sought,
and the | 25 | | consequences of failure to appear and shall contain a notice
| 26 | | that the parties will not be entitled to further written |
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| 1 | | notices or publication
notices of proceedings in this case, | 2 | | including the filing of an amended
petition or a motion to | 3 | | terminate parental rights, except as required by
Supreme Court | 4 | | Rule 11; and shall explain the
right of
the parties and the | 5 | | procedures to vacate or modify a shelter care order as
provided | 6 | | in this Section. The notice for a shelter care hearing shall be
| 7 | | substantially as follows:
| 8 | | NOTICE TO PARENTS AND CHILDREN
| 9 | | OF SHELTER CARE HEARING
| 10 | | On ................ at ........., before the Honorable | 11 | | ................,
(address:) ................., the State | 12 | | of Illinois will present evidence
(1) that (name of child | 13 | | or children) ....................... are abused,
neglected | 14 | | or dependent for the following reasons:
| 15 | | ..............................................
and (2) | 16 | | whether there is "immediate and urgent necessity" to remove | 17 | | the child
or children from the responsible relative.
| 18 | | YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN | 19 | | PLACEMENT of the
child or children in foster care until a | 20 | | trial can be held. A trial may
not be held for up to 90 | 21 | | days. You will not be entitled to further notices
of | 22 | | proceedings in this case, including the filing of an | 23 | | amended petition or a
motion to terminate parental rights.
| 24 | | At the shelter care hearing, parents have the following | 25 | | rights:
| 26 | | 1. To ask the court to appoint a lawyer if they |
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| 1 | | cannot afford one.
| 2 | | 2. To ask the court to continue the hearing to | 3 | | allow them time to
prepare.
| 4 | | 3. To present evidence concerning:
| 5 | | a. Whether or not the child or children were | 6 | | abused, neglected
or dependent.
| 7 | | b. Whether or not there is "immediate and | 8 | | urgent necessity" to remove
the child from home | 9 | | (including: their ability to care for the child,
| 10 | | conditions in the home, alternative means of | 11 | | protecting the child other
than removal).
| 12 | | c. The best interests of the child.
| 13 | | 4. To cross examine the State's witnesses.
| 14 | | The Notice for rehearings shall be substantially as | 15 | | follows:
| 16 | | NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
| 17 | | TO REHEARING ON TEMPORARY CUSTODY
| 18 | | If you were not present at and did not have adequate | 19 | | notice of the
Shelter Care Hearing at which temporary | 20 | | custody of ............... was
awarded to | 21 | | ................, you have the right to request a full | 22 | | rehearing
on whether the State should have temporary | 23 | | custody of ................. To
request this rehearing, | 24 | | you must file with the Clerk of the Juvenile Court
| 25 | | (address): ........................, in person or by |
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| 1 | | mailing a statement
(affidavit) setting forth the | 2 | | following:
| 3 | | 1. That you were not present at the shelter care | 4 | | hearing.
| 5 | | 2. That you did not get adequate notice (explaining | 6 | | how the notice
was inadequate).
| 7 | | 3. Your signature.
| 8 | | 4. Signature must be notarized.
| 9 | | The rehearing should be scheduled within 48 hours of | 10 | | your filing this
affidavit.
| 11 | | At the rehearing, your rights are the same as at the | 12 | | initial shelter care
hearing. The enclosed notice explains | 13 | | those rights.
| 14 | | At the Shelter Care Hearing, children have the | 15 | | following rights:
| 16 | | 1. To have a guardian ad litem appointed.
| 17 | | 2. To be declared competent as a witness and to | 18 | | present testimony
concerning:
| 19 | | a. Whether they are abused, neglected or | 20 | | dependent.
| 21 | | b. Whether there is "immediate and urgent | 22 | | necessity" to be
removed from home.
| 23 | | c. Their best interests.
| 24 | | 3. To cross examine witnesses for other parties.
| 25 | | 4. To obtain an explanation of any proceedings and | 26 | | orders of the
court.
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| 1 | | (4) If the parent, guardian, legal custodian, responsible | 2 | | relative,
minor age 8 or over, or counsel of the minor did not | 3 | | have actual notice of
or was not present at the shelter care | 4 | | hearing, he or she may file an
affidavit setting forth these | 5 | | facts, and the clerk shall set the matter for
rehearing not | 6 | | later than 48 hours, excluding Sundays and legal holidays,
| 7 | | after the filing of the affidavit. At the rehearing, the court | 8 | | shall
proceed in the same manner as upon the original hearing.
| 9 | | (5) Only when there is reasonable cause to believe that the | 10 | | minor
taken into custody is a person described in subsection | 11 | | (3) of Section
5-105 may the minor be
kept or detained in a | 12 | | detention home or county or municipal jail. This
Section shall | 13 | | in no way be construed to limit subsection (6).
| 14 | | (6) No minor under 16 years of age may be confined in a | 15 | | jail or place
ordinarily used for the confinement of prisoners | 16 | | in a police station. Minors
under 18 years of age must be kept | 17 | | separate from confined adults and may
not at any time be kept | 18 | | in the same cell, room, or yard with adults confined
pursuant | 19 | | to the criminal law.
| 20 | | (7) If the minor is not brought before a judicial officer | 21 | | within the
time period as specified in Section 2-9, the minor | 22 | | must immediately be
released from custody.
| 23 | | (8) If neither the parent, guardian or custodian appears | 24 | | within 24
hours to take custody of a minor released upon | 25 | | request pursuant to
subsection (2) of this Section, then the | 26 | | clerk of the court shall set the
matter for rehearing not later |
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| 1 | | than 7 days after the original order and
shall issue a summons | 2 | | directed to the parent, guardian or custodian to
appear. At the | 3 | | same time the probation department shall prepare a report
on | 4 | | the minor. If a parent, guardian or custodian does not appear | 5 | | at such
rehearing, the judge may enter an order prescribing | 6 | | that the minor be kept
in a suitable place designated by the | 7 | | Department of Children and Family
Services or a licensed child | 8 | | welfare agency.
| 9 | | (9) Notwithstanding any other provision of this
Section any | 10 | | interested party, including the State, the temporary
| 11 | | custodian, an agency providing services to the minor or family | 12 | | under a
service plan pursuant to Section 8.2 of the Abused and | 13 | | Neglected Child
Reporting Act, foster parent, or any of their | 14 | | representatives, on notice
to all parties entitled to notice, | 15 | | may file a motion that it is in the best
interests of the minor | 16 | | to modify or vacate a
temporary custody order on any of the | 17 | | following grounds:
| 18 | | (a) It is no longer a matter of immediate and urgent | 19 | | necessity that the
minor remain in shelter care; or
| 20 | | (b) There is a material change in the circumstances of | 21 | | the natural
family from which the minor was removed and the | 22 | | child can be cared for at
home without endangering the | 23 | | child's health or safety; or
| 24 | | (c) A person not a party to the alleged abuse, neglect | 25 | | or dependency,
including a parent, relative or legal | 26 | | guardian, is capable of assuming
temporary custody of the |
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| 1 | | minor; or
| 2 | | (d) Services provided by the Department of Children and | 3 | | Family Services
or a child welfare agency or other service | 4 | | provider have been successful in
eliminating the need for | 5 | | temporary custody and the child can be cared for at
home | 6 | | without endangering the child's health or safety.
| 7 | | In ruling on the motion, the court shall determine whether | 8 | | it is consistent
with the health, safety and best interests of | 9 | | the minor to modify
or vacate a temporary custody order.
| 10 | | The clerk shall set the matter for hearing not later than | 11 | | 14 days after
such motion is filed. In the event that the court | 12 | | modifies or vacates a
temporary custody order but does not | 13 | | vacate its finding of probable cause,
the court may order that | 14 | | appropriate services be continued or initiated in
behalf of the | 15 | | minor and his or her family.
| 16 | | (10) When the court finds or has found that there is | 17 | | probable cause to
believe a minor is an abused minor as | 18 | | described in subsection (2) of Section
2-3
and that there is an | 19 | | immediate and urgent necessity for the abused minor to be
| 20 | | placed in shelter care, immediate and urgent necessity shall be | 21 | | presumed for
any other minor residing in the same household as | 22 | | the abused minor provided:
| 23 | | (a) Such other minor is the subject of an abuse or | 24 | | neglect petition
pending before the court; and
| 25 | | (b) A party to the petition is seeking shelter care for | 26 | | such other minor.
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| 1 | | Once the presumption of immediate and urgent necessity has | 2 | | been raised, the
burden of demonstrating the lack of immediate | 3 | | and urgent necessity shall be on
any party that is opposing | 4 | | shelter care for the other minor.
| 5 | | (11) The changes made to this Section by Public Act 98-61 | 6 | | this amendatory Act of
the 98th General Assembly apply to a | 7 | | minor who has been
arrested or taken into custody on or after | 8 | | January 1, 2014 ( the effective date
of Public Act 98-61) this | 9 | | amendatory Act . | 10 | | (Source: P.A. 97-1076, eff. 8-24-12; 97-1150, eff. 1-25-13; | 11 | | 98-61, eff. 1-1-14; revised 11-22-13.)
| 12 | | (705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
| 13 | | Sec. 2-27. Placement; legal custody or guardianship.
| 14 | | (1) If the court determines and puts in writing the factual | 15 | | basis supporting
the determination of whether the parents, | 16 | | guardian, or legal custodian of a
minor adjudged a ward of the | 17 | | court are unfit or are unable, for some reason
other than | 18 | | financial circumstances alone, to care for, protect, train or
| 19 | | discipline the minor or are unwilling to do so, and that the
| 20 | | health, safety, and best
interest of the minor will be | 21 | | jeopardized if the minor remains in the custody
of his or her | 22 | | parents, guardian or
custodian, the court may at this hearing | 23 | | and at any later point:
| 24 | | (a) place the minor in the custody of a suitable | 25 | | relative or other person
as
legal custodian or guardian;
|
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| 1 | | (a-5) with the approval of the Department of Children | 2 | | and Family
Services, place the minor in the subsidized | 3 | | guardianship of a suitable relative
or
other person as | 4 | | legal guardian; "subsidized guardianship" means a private
| 5 | | guardianship arrangement for children for whom the | 6 | | permanency goals of return
home and adoption have been | 7 | | ruled out and who meet the qualifications for
subsidized | 8 | | guardianship as defined by the Department of Children and | 9 | | Family
Services in administrative rules;
| 10 | | (b) place the minor under the guardianship of a | 11 | | probation officer;
| 12 | | (c) commit the minor to an agency for care or | 13 | | placement, except an
institution under the authority of the | 14 | | Department of Corrections or of
the Department of Children | 15 | | and Family Services;
| 16 | | (d) on and after the effective date of this amendatory | 17 | | Act of the 98th General Assembly and before January 1, | 18 | | 2017, commit the minor to the Department of Children and | 19 | | Family Services for
care and service; however, a minor | 20 | | charged with a criminal offense under the
Criminal Code of | 21 | | 1961 or the Criminal Code of 2012 or adjudicated delinquent | 22 | | shall not be placed in the
custody of or committed to the | 23 | | Department of Children and Family Services by
any court, | 24 | | except (i) a minor less than 16 15 years of age and | 25 | | committed to the
Department of Children and Family Services | 26 | | under Section 5-710 of this Act, (ii) a minor for whom an |
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| 1 | | independent basis of abuse, neglect, or dependency exists, | 2 | | or (iii) a minor for whom the court has granted a | 3 | | supplemental petition to reinstate wardship pursuant to | 4 | | subsection (2) of Section 2-33 of this Act. On and after | 5 | | January 1, 2017, commit the minor to the Department of | 6 | | Children and Family Services for
care and service; however, | 7 | | a minor charged with a criminal offense under the
Criminal | 8 | | Code of 1961 or the Criminal Code of 2012 or adjudicated | 9 | | delinquent shall not be placed in the
custody of or | 10 | | committed to the Department of Children and Family Services | 11 | | by
any court, except (i) a minor less than 15 years of age | 12 | | and committed to the
Department of Children and Family | 13 | | Services under Section 5-710 of this Act, (ii) a minor for | 14 | | whom an independent basis of abuse, neglect, or dependency | 15 | | exists, or (iii) a minor for whom the court has granted a | 16 | | supplemental petition to reinstate wardship pursuant to | 17 | | subsection (2) of Section 2-33 of this Act. An independent | 18 | | basis exists when the allegations or adjudication of abuse, | 19 | | neglect, or dependency do not arise from the same facts, | 20 | | incident, or circumstances which give rise to a charge or | 21 | | adjudication of delinquency. The
Department shall be given | 22 | | due notice of the pendency of the action and the
| 23 | | Guardianship Administrator of the Department of Children | 24 | | and Family Services
shall be appointed guardian of the | 25 | | person of the minor. Whenever the Department
seeks to | 26 | | discharge a minor from its care and service, the |
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| 1 | | Guardianship
Administrator shall petition the court for an
| 2 | | order terminating guardianship. The Guardianship | 3 | | Administrator may
designate one or more other officers of | 4 | | the Department, appointed as
Department officers by | 5 | | administrative order of the Department Director,
| 6 | | authorized to affix the signature of the Guardianship | 7 | | Administrator to
documents affecting the guardian-ward | 8 | | relationship of children for whom
he or she has been | 9 | | appointed guardian at such times as he or she is unable to
| 10 | | perform
the duties of his or her office. The signature | 11 | | authorization shall include but
not be limited to matters | 12 | | of consent of marriage, enlistment in the
armed forces, | 13 | | legal proceedings, adoption, major medical and surgical
| 14 | | treatment and application for driver's license. Signature | 15 | | authorizations
made pursuant to the provisions of this | 16 | | paragraph shall be filed with
the Secretary of State and | 17 | | the Secretary of State shall provide upon
payment of the | 18 | | customary fee, certified copies of the authorization to
any | 19 | | court or individual who requests a copy.
| 20 | | (1.5) In making a determination under this Section, the | 21 | | court shall also
consider
whether, based on health, safety, and | 22 | | the best interests of the minor,
| 23 | | (a) appropriate services aimed
at family preservation | 24 | | and family reunification have been unsuccessful in
| 25 | | rectifying the conditions that have led to a finding of | 26 | | unfitness or inability
to care for, protect, train, or |
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| 1 | | discipline the minor, or
| 2 | | (b) no family preservation or family reunification
| 3 | | services would be appropriate,
| 4 | | and if the petition or amended petition
contained an allegation | 5 | | that the
parent is an unfit
person as defined in subdivision | 6 | | (D) of Section 1 of the Adoption Act, and the
order of
| 7 | | adjudication
recites that parental unfitness was established | 8 | | by clear and convincing
evidence, the court
shall, when | 9 | | appropriate and in the best interest of the minor, enter an
| 10 | | order terminating parental rights and
appointing a guardian | 11 | | with
power to
consent to adoption in accordance with Section | 12 | | 2-29.
| 13 | | When making a placement, the court, wherever possible, | 14 | | shall
require the Department of Children and Family Services to | 15 | | select a person
holding the same religious belief as that of | 16 | | the minor or a private agency
controlled by persons of like | 17 | | religious faith of the minor and shall require
the Department | 18 | | to otherwise comply with Section 7 of the Children and Family
| 19 | | Services Act in placing the child. In addition, whenever | 20 | | alternative plans for
placement are available, the court shall | 21 | | ascertain and consider, to the extent
appropriate in the | 22 | | particular case, the views and preferences of the minor.
| 23 | | (2) When a minor is placed with a suitable relative or | 24 | | other
person pursuant to item (a) of subsection (1),
the court | 25 | | shall appoint him or her the legal custodian or guardian of the
| 26 | | person of the minor. When a minor is committed to any agency, |
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| 1 | | the court
shall appoint the proper officer or representative | 2 | | thereof as legal
custodian or guardian of the person of the | 3 | | minor. Legal custodians and
guardians of the person of the | 4 | | minor have the respective rights and duties set
forth in | 5 | | subsection (9) of Section 1-3 except as otherwise provided by | 6 | | order
of court; but no guardian of the person may consent to | 7 | | adoption of the
minor unless that authority is conferred upon | 8 | | him or her in accordance with
Section 2-29. An agency whose | 9 | | representative is appointed guardian of the
person or legal | 10 | | custodian of the minor may place the minor in any child care
| 11 | | facility, but the facility must be licensed under the Child | 12 | | Care Act of
1969 or have been approved by the Department of | 13 | | Children and Family Services
as meeting the standards | 14 | | established for such licensing. No agency may
place a minor | 15 | | adjudicated under Sections 2-3 or 2-4 in a child care facility
| 16 | | unless the placement is in compliance with the rules and | 17 | | regulations
for placement under this Section promulgated by the | 18 | | Department of Children
and Family Services under Section 5 of | 19 | | the Children and Family Services
Act. Like authority and | 20 | | restrictions shall be conferred by the court upon
any probation | 21 | | officer who has been appointed guardian of the person of a | 22 | | minor.
| 23 | | (3) No placement by any probation officer or agency whose | 24 | | representative
is appointed guardian of the person or legal | 25 | | custodian of a minor may be
made in any out of State child care | 26 | | facility unless it complies with the
Interstate Compact on the |
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| 1 | | Placement of Children. Placement with a parent,
however, is not | 2 | | subject to that Interstate Compact.
| 3 | | (4) The clerk of the court shall issue to the legal | 4 | | custodian or
guardian of the person a certified copy of the | 5 | | order of court, as proof
of his authority. No other process is | 6 | | necessary as authority for the
keeping of the minor.
| 7 | | (5) Custody or guardianship granted under this Section | 8 | | continues until
the court otherwise directs, but not after the | 9 | | minor reaches the age
of 19 years except as set forth in | 10 | | Section 2-31, or if the minor was previously committed to the | 11 | | Department of Children and Family Services for care and service | 12 | | and the court has granted a supplemental petition to reinstate | 13 | | wardship pursuant to subsection (2) of Section 2-33.
| 14 | | (6) (Blank).
| 15 | | (Source: P.A. 96-581, eff. 1-1-10; 97-1150, eff. 1-25-13.)
| 16 | | (705 ILCS 405/5-710)
| 17 | | Sec. 5-710. Kinds of sentencing orders.
| 18 | | (1) The following kinds of sentencing orders may be made in | 19 | | respect of
wards of the court:
| 20 | | (a) Except as provided in Sections 5-805, 5-810, 5-815, | 21 | | a minor who is
found
guilty under Section 5-620 may be:
| 22 | | (i) put on probation or conditional discharge and | 23 | | released to his or her
parents, guardian or legal | 24 | | custodian, provided, however, that any such minor
who | 25 | | is not committed to the Department of Juvenile Justice |
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| 1 | | under
this subsection and who is found to be a | 2 | | delinquent for an offense which is
first degree murder, | 3 | | a Class X felony, or a forcible felony shall be placed | 4 | | on
probation;
| 5 | | (ii) placed in accordance with Section 5-740, with | 6 | | or without also being
put on probation or conditional | 7 | | discharge;
| 8 | | (iii) required to undergo a substance abuse | 9 | | assessment conducted by a
licensed provider and | 10 | | participate in the indicated clinical level of care;
| 11 | | (iv) on and after the effective date of this | 12 | | amendatory Act of the 98th General Assembly and before | 13 | | January 1, 2017, placed in the guardianship of the | 14 | | Department of Children and Family
Services, but only if | 15 | | the delinquent minor is under 16 15 years of age or, | 16 | | pursuant to Article II of this Act, a minor for whom an | 17 | | independent basis of abuse, neglect, or dependency | 18 | | exists. On and after January 1, 2017, placed in the | 19 | | guardianship of the Department of Children and Family
| 20 | | Services, but only if the delinquent minor is under 15 | 21 | | years of age or, pursuant to Article II of this Act, a | 22 | | minor for whom an independent basis of abuse, neglect, | 23 | | or dependency exists. An independent basis exists when | 24 | | the allegations or adjudication of abuse, neglect, or | 25 | | dependency do not arise from the same facts, incident, | 26 | | or circumstances which give rise to a charge or |
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| 1 | | adjudication of delinquency;
| 2 | | (v) placed in detention for a period not to exceed | 3 | | 30 days, either as
the
exclusive order of disposition | 4 | | or, where appropriate, in conjunction with any
other | 5 | | order of disposition issued under this paragraph, | 6 | | provided that any such
detention shall be in a juvenile | 7 | | detention home and the minor so detained shall
be 10 | 8 | | years of age or older. However, the 30-day limitation | 9 | | may be extended by
further order of the court for a | 10 | | minor under age 15 committed to the Department
of | 11 | | Children and Family Services if the court finds that | 12 | | the minor is a danger
to himself or others. The minor | 13 | | shall be given credit on the sentencing order
of | 14 | | detention for time spent in detention under Sections | 15 | | 5-501, 5-601, 5-710, or
5-720 of this
Article as a | 16 | | result of the offense for which the sentencing order | 17 | | was imposed.
The court may grant credit on a sentencing | 18 | | order of detention entered under a
violation of | 19 | | probation or violation of conditional discharge under | 20 | | Section
5-720 of this Article for time spent in | 21 | | detention before the filing of the
petition
alleging | 22 | | the violation. A minor shall not be deprived of credit | 23 | | for time spent
in detention before the filing of a | 24 | | violation of probation or conditional
discharge | 25 | | alleging the same or related act or acts. The | 26 | | limitation that the minor shall only be placed in a |
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| 1 | | juvenile detention home does not apply as follows: | 2 | | Persons 18 years of age and older who have a | 3 | | petition of delinquency filed against them may be | 4 | | confined in an adult detention facility. In making a | 5 | | determination whether to confine a person 18 years of | 6 | | age or older who has a petition of delinquency filed | 7 | | against the person, these factors, among other | 8 | | matters, shall be considered: | 9 | | (A) the age of the person; | 10 | | (B) any previous delinquent or criminal | 11 | | history of the person; | 12 | | (C) any previous abuse or neglect history of | 13 | | the person; | 14 | | (D) any mental health history of the person; | 15 | | and | 16 | | (E) any educational history of the person;
| 17 | | (vi) ordered partially or completely emancipated | 18 | | in accordance with the
provisions of the Emancipation | 19 | | of Minors Act;
| 20 | | (vii) subject to having his or her driver's license | 21 | | or driving
privileges
suspended for such time as | 22 | | determined by the court but only until he or she
| 23 | | attains 18 years of age;
| 24 | | (viii) put on probation or conditional discharge | 25 | | and placed in detention
under Section 3-6039 of the | 26 | | Counties Code for a period not to exceed the period
of |
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| 1 | | incarceration permitted by law for adults found guilty | 2 | | of the same offense
or offenses for which the minor was | 3 | | adjudicated delinquent, and in any event no
longer than | 4 | | upon attainment of age 21; this subdivision (viii) | 5 | | notwithstanding
any contrary provision of the law;
| 6 | | (ix) ordered to undergo a medical or other | 7 | | procedure to have a tattoo
symbolizing allegiance to a | 8 | | street gang removed from his or her body; or | 9 | | (x) placed in electronic home detention under Part | 10 | | 7A of this Article.
| 11 | | (b) A minor found to be guilty may be committed to the | 12 | | Department of
Juvenile Justice under Section 5-750 if the | 13 | | minor is 13 years of age or
older,
provided that the | 14 | | commitment to the Department of Juvenile Justice shall be | 15 | | made only if a term of incarceration is permitted by law | 16 | | for
adults found guilty of the offense for which the minor | 17 | | was adjudicated
delinquent. The time during which a minor | 18 | | is in custody before being released
upon the request of a | 19 | | parent, guardian or legal custodian shall be considered
as | 20 | | time spent in detention.
| 21 | | (c) When a minor is found to be guilty for an offense | 22 | | which is a violation
of the Illinois Controlled Substances | 23 | | Act, the Cannabis Control Act, or the Methamphetamine | 24 | | Control and Community Protection Act and made
a ward of the | 25 | | court, the court may enter a disposition order requiring | 26 | | the
minor to undergo assessment,
counseling or treatment in |
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| 1 | | a substance abuse program approved by the Department
of | 2 | | Human Services.
| 3 | | (2) Any sentencing order other than commitment to the | 4 | | Department of
Juvenile Justice may provide for protective | 5 | | supervision under
Section 5-725 and may include an order of | 6 | | protection under Section 5-730.
| 7 | | (3) Unless the sentencing order expressly so provides, it | 8 | | does not operate
to close proceedings on the pending petition, | 9 | | but is subject to modification
until final closing and | 10 | | discharge of the proceedings under Section 5-750.
| 11 | | (4) In addition to any other sentence, the court may order | 12 | | any
minor
found to be delinquent to make restitution, in | 13 | | monetary or non-monetary form,
under the terms and conditions | 14 | | of Section 5-5-6 of the Unified Code of
Corrections, except | 15 | | that the "presentencing hearing" referred to in that
Section
| 16 | | shall be
the sentencing hearing for purposes of this Section. | 17 | | The parent, guardian or
legal custodian of the minor may be | 18 | | ordered by the court to pay some or all of
the restitution on | 19 | | the minor's behalf, pursuant to the Parental Responsibility
| 20 | | Law. The State's Attorney is authorized to act
on behalf of any | 21 | | victim in seeking restitution in proceedings under this
| 22 | | Section, up to the maximum amount allowed in Section 5 of the | 23 | | Parental
Responsibility Law.
| 24 | | (5) Any sentencing order where the minor is committed or | 25 | | placed in
accordance
with Section 5-740 shall provide for the | 26 | | parents or guardian of the estate of
the minor to pay to the |
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| 1 | | legal custodian or guardian of the person of the minor
such | 2 | | sums as are determined by the custodian or guardian of the | 3 | | person of the
minor as necessary for the minor's needs. The | 4 | | payments may not exceed the
maximum amounts provided for by | 5 | | Section 9.1 of the Children and Family Services
Act.
| 6 | | (6) Whenever the sentencing order requires the minor to | 7 | | attend school or
participate in a program of training, the | 8 | | truant officer or designated school
official shall regularly | 9 | | report to the court if the minor is a chronic or
habitual | 10 | | truant under Section 26-2a of the School Code. Notwithstanding | 11 | | any other provision of this Act, in instances in which | 12 | | educational services are to be provided to a minor in a | 13 | | residential facility where the minor has been placed by the | 14 | | court, costs incurred in the provision of those educational | 15 | | services must be allocated based on the requirements of the | 16 | | School Code.
| 17 | | (7) In no event shall a guilty minor be committed to the | 18 | | Department of
Juvenile Justice for a period of time in
excess | 19 | | of
that period for which an adult could be committed for the | 20 | | same act.
| 21 | | (8) A minor found to be guilty for reasons that include a | 22 | | violation of
Section 21-1.3 of the Criminal Code of 1961 or the | 23 | | Criminal Code of 2012 shall be ordered to perform
community | 24 | | service for not less than 30 and not more than 120 hours, if
| 25 | | community service is available in the jurisdiction. The | 26 | | community service
shall include, but need not be limited to, |
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| 1 | | the cleanup and repair of the damage
that was caused by the | 2 | | violation or similar damage to property located in the
| 3 | | municipality or county in which the violation occurred. The | 4 | | order may be in
addition to any other order authorized by this | 5 | | Section.
| 6 | | (8.5) A minor found to be guilty for reasons that include a | 7 | | violation of
Section
3.02 or Section 3.03 of the Humane Care | 8 | | for Animals Act or paragraph (d) of
subsection (1) of
Section | 9 | | 21-1 of
the Criminal Code
of
1961 or paragraph (4) of | 10 | | subsection (a) of Section 21-1 of the Criminal Code of 2012 | 11 | | shall be ordered to undergo medical or psychiatric treatment | 12 | | rendered by
a
psychiatrist or psychological treatment rendered | 13 | | by a clinical psychologist.
The order
may be in addition to any | 14 | | other order authorized by this Section.
| 15 | | (9) In addition to any other sentencing order, the court | 16 | | shall order any
minor found
to be guilty for an act which would | 17 | | constitute, predatory criminal sexual
assault of a child, | 18 | | aggravated criminal sexual assault, criminal sexual
assault, | 19 | | aggravated criminal sexual abuse, or criminal sexual abuse if
| 20 | | committed by an
adult to undergo medical testing to determine | 21 | | whether the defendant has any
sexually transmissible disease | 22 | | including a test for infection with human
immunodeficiency | 23 | | virus (HIV) or any other identified causative agency of
| 24 | | acquired immunodeficiency syndrome (AIDS). Any medical test | 25 | | shall be performed
only by appropriately licensed medical | 26 | | practitioners and may include an
analysis of any bodily fluids |
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| 1 | | as well as an examination of the minor's person.
Except as | 2 | | otherwise provided by law, the results of the test shall be | 3 | | kept
strictly confidential by all medical personnel involved in | 4 | | the testing and must
be personally delivered in a sealed | 5 | | envelope to the judge of the court in which
the sentencing | 6 | | order was entered for the judge's inspection in camera. Acting
| 7 | | in accordance with the best interests of the victim and the | 8 | | public, the judge
shall have the discretion to determine to | 9 | | whom the results of the testing may
be revealed. The court | 10 | | shall notify the minor of the results of the test for
infection | 11 | | with the human immunodeficiency virus (HIV). The court shall | 12 | | also
notify the victim if requested by the victim, and if the | 13 | | victim is under the
age of 15 and if requested by the victim's | 14 | | parents or legal guardian, the court
shall notify the victim's | 15 | | parents or the legal guardian, of the results of the
test for | 16 | | infection with the human immunodeficiency virus (HIV). The | 17 | | court
shall provide information on the availability of HIV | 18 | | testing and counseling at
the Department of Public Health | 19 | | facilities to all parties to whom the
results of the testing | 20 | | are revealed. The court shall order that the cost of
any test | 21 | | shall be paid by the county and may be taxed as costs against | 22 | | the
minor.
| 23 | | (10) When a court finds a minor to be guilty the court | 24 | | shall, before
entering a sentencing order under this Section, | 25 | | make a finding whether the
offense committed either: (a) was | 26 | | related to or in furtherance of the criminal
activities of an |
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| 1 | | organized gang or was motivated by the minor's membership in
or | 2 | | allegiance to an organized gang, or (b) involved a violation of
| 3 | | subsection (a) of Section 12-7.1 of the Criminal Code of 1961 | 4 | | or the Criminal Code of 2012, a violation of
any
Section of | 5 | | Article 24 of the Criminal Code of 1961 or the Criminal Code of | 6 | | 2012, or a violation of any
statute that involved the wrongful | 7 | | use of a firearm. If the court determines
the question in the | 8 | | affirmative,
and the court does not commit the minor to the | 9 | | Department of Juvenile Justice, the court shall order the minor | 10 | | to perform community service
for not less than 30 hours nor | 11 | | more than 120 hours, provided that community
service is | 12 | | available in the jurisdiction and is funded and approved by the
| 13 | | county board of the county where the offense was committed. The | 14 | | community
service shall include, but need not be limited to, | 15 | | the cleanup and repair of
any damage caused by a violation of | 16 | | Section 21-1.3 of the Criminal Code of 1961 or the Criminal | 17 | | Code of 2012
and similar damage to property located in the | 18 | | municipality or county in which
the violation occurred. When | 19 | | possible and reasonable, the community service
shall be | 20 | | performed in the minor's neighborhood. This order shall be in
| 21 | | addition to any other order authorized by this Section
except | 22 | | for an order to place the minor in the custody of the | 23 | | Department of
Juvenile Justice. For the purposes of this | 24 | | Section, "organized
gang" has the meaning ascribed to it in | 25 | | Section 10 of the Illinois Streetgang
Terrorism Omnibus | 26 | | Prevention Act.
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| 1 | | (11) If the court determines that the offense was committed | 2 | | in furtherance of the criminal activities of an organized gang, | 3 | | as provided in subsection (10), and that the offense involved | 4 | | the operation or use of a motor vehicle or the use of a | 5 | | driver's license or permit, the court shall notify the | 6 | | Secretary of State of that determination and of the period for | 7 | | which the minor shall be denied driving privileges. If, at the | 8 | | time of the determination, the minor does not hold a driver's | 9 | | license or permit, the court shall provide that the minor shall | 10 | | not be issued a driver's license or permit until his or her | 11 | | 18th birthday. If the minor holds a driver's license or permit | 12 | | at the time of the determination, the court shall provide that | 13 | | the minor's driver's license or permit shall be revoked until | 14 | | his or her 21st birthday, or until a later date or occurrence | 15 | | determined by the court. If the minor holds a driver's license | 16 | | at the time of the determination, the court may direct the | 17 | | Secretary of State to issue the minor a judicial driving | 18 | | permit, also known as a JDP. The JDP shall be subject to the | 19 | | same terms as a JDP issued under Section 6-206.1 of the | 20 | | Illinois Vehicle Code, except that the court may direct that | 21 | | the JDP be effective immediately.
| 22 | | (12) If a minor is found to be guilty of a violation of
| 23 | | subsection (a-7) of Section 1 of the Prevention of Tobacco Use | 24 | | by Minors Act, the
court may, in its discretion, and upon
| 25 | | recommendation by the State's Attorney, order that minor and | 26 | | his or her parents
or legal
guardian to attend a smoker's |
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| 1 | | education or youth diversion program as defined
in that Act if | 2 | | that
program is available in the jurisdiction where the | 3 | | offender resides.
Attendance at a smoker's education or youth | 4 | | diversion program
shall be time-credited against any community | 5 | | service time imposed for any
first violation of subsection | 6 | | (a-7) of Section 1 of that Act. In addition to any
other
| 7 | | penalty
that the court may impose for a violation of subsection | 8 | | (a-7) of Section 1 of
that Act, the
court, upon request by the | 9 | | State's Attorney, may in its discretion
require
the offender to | 10 | | remit a fee for his or her attendance at a smoker's
education | 11 | | or
youth diversion program.
| 12 | | For purposes of this Section, "smoker's education program" | 13 | | or "youth
diversion program" includes, but is not limited to, a | 14 | | seminar designed to
educate a person on the physical and | 15 | | psychological effects of smoking tobacco
products and the | 16 | | health consequences of smoking tobacco products that can be
| 17 | | conducted with a locality's youth diversion program.
| 18 | | In addition to any other penalty that the court may impose | 19 | | under this
subsection
(12):
| 20 | | (a) If a minor violates subsection (a-7) of Section 1 | 21 | | of the Prevention of
Tobacco Use by Minors Act, the court | 22 | | may
impose a sentence of 15 hours of
community service or a | 23 | | fine of $25 for a first violation.
| 24 | | (b) A second violation by a minor of subsection (a-7) | 25 | | of Section 1 of that Act
that occurs
within 12 months after | 26 | | the first violation is punishable by a fine of $50 and
25
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| 1 | | hours of community service.
| 2 | | (c) A third or subsequent violation by a minor of | 3 | | subsection (a-7) of Section
1 of that Act
that
occurs | 4 | | within 12 months after the first violation is punishable by | 5 | | a $100
fine
and 30 hours of community service.
| 6 | | (d) Any second or subsequent violation not within the | 7 | | 12-month time period
after the first violation is | 8 | | punishable as provided for a first violation.
| 9 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-536, eff. 8-23-13.)".
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