Full Text of HB4496 98th General Assembly
HB4496ham003 98TH GENERAL ASSEMBLY | Rep. Mary E. Flowers Filed: 3/28/2014
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| 1 | | AMENDMENT TO HOUSE BILL 4496
| 2 | | AMENDMENT NO. ______. Amend House Bill 4496, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Juvenile Court Act of 1987 is amended by | 6 | | changing Section 5-745 as follows:
| 7 | | (705 ILCS 405/5-745)
| 8 | | Sec. 5-745. Court review.
| 9 | | (1) The court may require any legal custodian or guardian | 10 | | of the person
appointed under this Act, including the | 11 | | Department of Juvenile Justice for youth committed under | 12 | | Section 5-750 of this Act, to report periodically to the court | 13 | | or may cite him
or her into court and require him or her, or his | 14 | | or her agency, to make a full
and accurate report of
his or her | 15 | | or its doings in behalf of the minor, including efforts to | 16 | | secure post-release placement of the youth after release from |
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| 1 | | the Department's facilities. The legal custodian or
guardian,
| 2 | | within 10 days after the citation, shall make the report, | 3 | | either in writing
verified by affidavit or orally under oath in | 4 | | open court, or otherwise as the
court directs. Upon the hearing | 5 | | of the report the court may remove the legal
custodian or | 6 | | guardian and appoint another in his or her stead or restore the
| 7 | | minor to
the custody of his or her parents or former guardian | 8 | | or legal custodian.
| 9 | | (1.5) The Department of Juvenile Justice shall file a | 10 | | critical incident report with the court within 10 days of the | 11 | | occurrence of a critical incident involving a youth committed | 12 | | to the Department. "Critical incident" means an incident that | 13 | | involves a serious risk to the life, health, or wellbeing of | 14 | | the youth, including, but not limited to, an accident or | 15 | | suicide attempt resulting in serious bodily harm or | 16 | | hospitalization, psychiatric hospitalization, alleged or | 17 | | suspected abuse, or escape or attempted escape from custody. | 18 | | The report shall contain a brief description of the incident, a | 19 | | summary of the actions the Department took as a result of the | 20 | | incident, and relevant information regarding the youth's | 21 | | current physical, mental, and emotional health. Upon receipt of | 22 | | the critical incident report, the court shall review the report | 23 | | and may require the Department to make a full report under | 24 | | subsection (1) of this Section. | 25 | | (2) A guardian or legal custodian appointed by the court | 26 | | under this
Act shall file updated case plans with the court |
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| 1 | | every 6 months. Every agency
which has guardianship of a child | 2 | | shall file a supplemental petition for court
review, or review | 3 | | by an administrative body appointed or approved by the court
| 4 | | and further order within 18 months of the sentencing order and | 5 | | each 18 months
thereafter. The petition shall state facts | 6 | | relative to the child's present
condition of physical, mental | 7 | | and emotional health as well as facts relative to
his or her | 8 | | present custodial or foster care. The petition shall be set for
| 9 | | hearing
and the clerk shall mail 10 days notice of the hearing | 10 | | by certified mail,
return receipt requested, to the person or | 11 | | agency having the physical custody
of the child, the minor and | 12 | | other interested parties unless a
written waiver of notice is | 13 | | filed with the petition.
| 14 | | If the minor is in the custody of the Illinois Department | 15 | | of Children and Family Services, pursuant to an order entered | 16 | | under this Article, the court shall conduct permanency hearings | 17 | | as set out in subsections (1), (2), and (3) of Section 2-28 of | 18 | | Article II of this Act. | 19 | | Rights of wards of the court under this Act are enforceable | 20 | | against any
public agency by complaints for relief by mandamus | 21 | | filed in any proceedings
brought under this Act.
| 22 | | (2.1) The following provisions apply if the minor is in the | 23 | | physical custody of the Department of Juvenile Justice. The | 24 | | Department of Juvenile Justice shall file updated case plans | 25 | | with the court every 6 months. The plan shall also be provided | 26 | | to the minor's court appointed guardian ad litem, when the |
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| 1 | | Department has received written notice of the appointment and a | 2 | | copy of the order making the appointment. When the court record | 3 | | includes the last known addresses for the minor's parents and | 4 | | guardian, the Department shall send a notice to the parents or | 5 | | guardian that the plan is available and the Department shall | 6 | | provide the plan to the parents or guardian upon request.
On or | 7 | | before January 1, 2015, the Department of Juvenile Justice | 8 | | shall adopt final rules setting out the information to be | 9 | | contained in the case plan. The rules shall require that the | 10 | | information in the case plan is sufficient to assist the court | 11 | | in determining whether the minor's incarceration is consistent | 12 | | with the goals under Section 5-101 of this Act. The rules shall | 13 | | ensure that the materials and information contained in the plan | 14 | | do not violate the minor's federal and State rights to privacy | 15 | | and confidentiality and shall establish procedures whereby | 16 | | these rights may be expressly waived in writing by the minor or | 17 | | the minor's guardian or parent if waiver is authorized by law.
| 18 | | Upon receipt of the plan, the court shall review the case plan | 19 | | and determine whether a hearing would serve the minor's best | 20 | | interests. The guardian ad litem, parent, or guardian of the | 21 | | minor may request that the court conduct a hearing. When the | 22 | | court has set a hearing on the case plan, the clerk shall mail | 23 | | notice of the hearing to the Director of Juvenile Justice and | 24 | | the minor's guardian ad litem at least 10 days prior to the | 25 | | hearing and when the court record includes their last known | 26 | | addresses, to the minor's parents and guardian. If the minor |
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| 1 | | does not have an attorney or guardian ad litem appointed, the | 2 | | court may appoint an attorney or guardian ad litem, or both, | 3 | | for the minor. In conducting hearings under this Section, the | 4 | | court may take testimony of witnesses and order that the minor | 5 | | participate in the hearing by way of teleconferencing or | 6 | | audio-visual communication, if this communication technology | 7 | | is available.
If after receiving evidence, the court determines | 8 | | that the services contained in the plan are not reasonably | 9 | | calculated to prepare the minor for a successful reentry into | 10 | | the community, the court shall put in writing the factual basis | 11 | | supporting the determination and enter specific findings based | 12 | | on the evidence. The court also shall enter an order for the | 13 | | Department to develop and implement a new case plan or to | 14 | | implement changes to the current case plan consistent with the | 15 | | court's findings. The new case plan shall be filed with the | 16 | | court and served on all parties within 45 days of the date of | 17 | | the order. The court shall continue the matter until the new | 18 | | case plan is filed. Unless otherwise specifically authorized by | 19 | | law, the court may not under this subsection (2.1) order | 20 | | specific placements, specific services, or specific service | 21 | | providers to be included in the plan. | 22 | | (3) The minor or any person interested in the minor may | 23 | | apply to the court
for a change in custody of the minor and the | 24 | | appointment of a new custodian or
guardian of the person or for | 25 | | the restoration of the minor to the custody of
his or her | 26 | | parents or former guardian or custodian. In the event that the
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| 1 | | minor has
attained 18 years of age and the guardian or | 2 | | custodian petitions the court for
an order terminating his or | 3 | | her guardianship or custody, guardianship or legal
custody
| 4 | | shall terminate automatically 30 days after the receipt of the | 5 | | petition unless
the
court orders otherwise. No legal custodian | 6 | | or guardian of the person may be
removed without his or her | 7 | | consent until given notice and an opportunity to be
heard by | 8 | | the court.
| 9 | | (Source: P.A. 96-178, eff. 1-1-10; 97-518, eff. 1-1-12.)".
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