Full Text of HB4496 98th General Assembly
HB4496 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB4496 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: |
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Amends the Juvenile Court Act of 1987. Provides that if the minor is in the custody of the Department of Juvenile Justice, the case plan shall include:
(1) information as to the minor's physical, mental, and emotional health condition;
(2) summary of the physical and mental health services provided to the minor;
(3) unmet physical and mental health and education needs which have been identified by the Department;
(4) information as to the Department's efforts to secure post-release placement of the minor after release from the Department;
(5) identification of the minor's grade level and educational history, including a determination if the minor has in the past, or is currently receiving special education services;
(6) identification of educational goals, educational needs, and identifiable educational problems;
and (7) determination as to the need for a case study evaluation. Provides that upon receipt, the court shall review the report and determine whether a hearing would serve the minor's best interests. Provides that when the court has set a hearing on the case plan, the clerk shall mail notice of the hearing to the Director of Juvenile Justice and where the court record includes their last known addresses, to the minor's parents and guardian. Provides that if after receiving evidence, the court determines that the services contained in the plan are not reasonably calculated to prepare the minor for a successful reentry into the community, the court shall put in writing the factual basis supporting the determination and enter specific findings based on the evidence. Provides that the court also shall enter an order for the Department to develop and implement a new service plan or to implement changes to the current service plan consistent with the court's findings. Provides that the new service plan shall be filed with the court and served on all parties within 45 days of the date of the order. Provides that the court shall continue the matter until the new service plan is filed. Provides that unless otherwise specifically authorized by law, the court may not order specific placements, specific services, or specific service providers to be included in the plan.
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| | A BILL FOR |
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| 1 | | AN ACT concerning courts.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Juvenile Court Act of 1987 is amended by | 5 | | changing Section 5-745 as follows:
| 6 | | (705 ILCS 405/5-745)
| 7 | | Sec. 5-745. Court review.
| 8 | | (1) The court may require any legal custodian or guardian | 9 | | of the person
appointed under this Act, including the | 10 | | Department of Juvenile Justice for youth committed under | 11 | | Section 5-750 of this Act, to report periodically to the court | 12 | | or may cite him
or her into court and require him or her, or his | 13 | | or her agency, to make a full
and accurate report of
his or her | 14 | | or its doings in behalf of the minor, including efforts to | 15 | | secure post-release placement of the youth after release from | 16 | | the Department's facilities. The legal custodian or
guardian,
| 17 | | within 10 days after the citation, shall make the report, | 18 | | either in writing
verified by affidavit or orally under oath in | 19 | | open court, or otherwise as the
court directs. Upon the hearing | 20 | | of the report the court may remove the legal
custodian or | 21 | | guardian and appoint another in his or her stead or restore the
| 22 | | minor to
the custody of his or her parents or former guardian | 23 | | or legal custodian.
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| 1 | | (2) A guardian or legal custodian appointed by the court | 2 | | under this
Act shall file updated case plans with the court | 3 | | every 6 months. If the minor is in the custody of the | 4 | | Department of Juvenile Justice, the plan shall include: | 5 | | (a) information as to the minor's physical, mental, and | 6 | | emotional health condition; | 7 | | (b) summary of the physical and mental health services | 8 | | provided to the minor; | 9 | | (c) unmet physical and mental health and education | 10 | | needs which have been identified by the Department; | 11 | | (d) information as to the Department's efforts to | 12 | | secure post-release placement of the minor after release | 13 | | from the Department; | 14 | | (e) identification of the minor's grade level and | 15 | | educational history, including a determination if the | 16 | | minor has in the past or is currently receiving special | 17 | | education services; | 18 | | (f) identification of educational goals, educational | 19 | | needs, and identifiable educational problems; and | 20 | | (g) determination as to the need for a case study | 21 | | evaluation. | 22 | | Upon receipt, the court shall review the report and | 23 | | determine whether a hearing would serve the minor's best | 24 | | interests. When the court has set a hearing on the case plan, | 25 | | the clerk shall mail notice of the hearing to the Director of | 26 | | Juvenile Justice at least 10 days prior to the hearing and when |
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| 1 | | the court record includes their last known addresses, to the | 2 | | minor's parents and guardian. If after receiving evidence, the | 3 | | court determines that the services contained in the plan are | 4 | | not reasonably calculated to prepare the minor for a successful | 5 | | reentry into the community, the court shall put in writing the | 6 | | factual basis supporting the determination and enter specific | 7 | | findings based on the evidence. The court also shall enter an | 8 | | order for the Department to develop and implement a new service | 9 | | plan or to implement changes to the current service plan | 10 | | consistent with the court's findings. The new service plan | 11 | | shall be filed with the court and served on all parties within | 12 | | 45 days of the date of the order. The court shall continue the | 13 | | matter until the new service plan is filed. Unless otherwise | 14 | | specifically authorized by law, the court may not under | 15 | | subsection (2) or subsection (3) of this Section order specific | 16 | | placements, specific services, or specific service providers | 17 | | to be included in the plan. | 18 | | Every agency
which has guardianship of a child shall file a | 19 | | supplemental petition for court
review, or review by an | 20 | | administrative body appointed or approved by the court
and | 21 | | further order within 18 months of the sentencing order and each | 22 | | 18 months
thereafter. The petition shall state facts relative | 23 | | to the child's present
condition of physical, mental and | 24 | | emotional health as well as facts relative to
his or her | 25 | | present custodial or foster care. The petition shall be set for
| 26 | | hearing
and the clerk shall mail 10 days notice of the hearing |
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| 1 | | by certified mail,
return receipt requested, to the person or | 2 | | agency having the physical custody
of the child, the minor and | 3 | | other interested parties unless a
written waiver of notice is | 4 | | filed with the petition.
| 5 | | If the minor is in the custody of the Illinois Department | 6 | | of Children and Family Services, pursuant to an order entered | 7 | | under this Article, the court shall conduct permanency hearings | 8 | | as set out in subsections (1), (2), and (3) of Section 2-28 of | 9 | | Article II of this Act. | 10 | | Rights of wards of the court under this Act are enforceable | 11 | | against any
public agency by complaints for relief by mandamus | 12 | | filed in any proceedings
brought under this Act.
| 13 | | (3) The minor or any person interested in the minor may | 14 | | apply to the court
for a change in custody of the minor and the | 15 | | appointment of a new custodian or
guardian of the person or for | 16 | | the restoration of the minor to the custody of
his or her | 17 | | parents or former guardian or custodian. In the event that the
| 18 | | minor has
attained 18 years of age and the guardian or | 19 | | custodian petitions the court for
an order terminating his or | 20 | | her guardianship or custody, guardianship or legal
custody
| 21 | | shall terminate automatically 30 days after the receipt of the | 22 | | petition unless
the
court orders otherwise. No legal custodian | 23 | | or guardian of the person may be
removed without his or her | 24 | | consent until given notice and an opportunity to be
heard by | 25 | | the court.
| 26 | | (Source: P.A. 96-178, eff. 1-1-10; 97-518, eff. 1-1-12.)
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