Full Text of SB1213 98th General Assembly
SB1213eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning the Department of Juvenile Justice.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Employee Indemnification Act is | 5 | | amended by changing Section 1 as follows: | 6 | | (5 ILCS 350/1) (from Ch. 127, par. 1301)
| 7 | | Sec. 1. Definitions. For the purpose of this Act:
| 8 | | (a) The term "State" means the State of Illinois, the | 9 | | General
Assembly, the court, or any State office, department, | 10 | | division, bureau,
board, commission, or committee, the | 11 | | governing boards of the public
institutions of higher education | 12 | | created by the State, the Illinois
National Guard, the | 13 | | Comprehensive Health Insurance Board, any poison control
| 14 | | center designated under the Poison Control System Act that | 15 | | receives State
funding, or any other agency or instrumentality | 16 | | of the State. It
does not mean any local public entity as that | 17 | | term is defined in Section
1-206 of the Local Governmental and | 18 | | Governmental Employees Tort Immunity
Act or a pension fund.
| 19 | | (b) The term "employee" means any present or former elected | 20 | | or
appointed officer, trustee or employee of the State, or of a | 21 | | pension
fund,
any present or former commissioner or employee of | 22 | | the Executive Ethics
Commission or of the Legislative Ethics | 23 | | Commission, any present or former
Executive, Legislative, or |
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| 1 | | Auditor General's Inspector General, any present or
former | 2 | | employee of an Office of an Executive, Legislative, or Auditor | 3 | | General's
Inspector General, any present or former member of | 4 | | the Illinois National
Guard
while on active duty, individuals | 5 | | or organizations who contract with the
Department of | 6 | | Corrections, the Department of Juvenile Justice, the | 7 | | Comprehensive Health Insurance Board, or the
Department of | 8 | | Veterans' Affairs to provide services, individuals or
| 9 | | organizations who contract with the Department of Human | 10 | | Services (as
successor to the Department of Mental Health and | 11 | | Developmental
Disabilities) to provide services including but | 12 | | not limited to treatment and
other services for sexually | 13 | | violent persons, individuals or organizations who
contract | 14 | | with the Department of
Military
Affairs for youth programs, | 15 | | individuals or
organizations who contract to perform carnival | 16 | | and amusement ride safety
inspections for the Department of | 17 | | Labor, individual representatives of or
designated | 18 | | organizations authorized to represent the Office of State | 19 | | Long-Term
Ombudsman for the Department on Aging, individual | 20 | | representatives of or
organizations designated by the | 21 | | Department on Aging in the performance of their
duties as elder | 22 | | abuse provider agencies or regional administrative agencies
| 23 | | under the Elder Abuse and Neglect Act, individuals or | 24 | | organizations who perform
volunteer services for the State | 25 | | where such volunteer relationship is reduced
to writing, | 26 | | individuals who serve on any public entity (whether created by |
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| 1 | | law
or administrative action) described in paragraph (a) of | 2 | | this Section,
individuals or not for profit organizations who, | 3 | | either as volunteers, where
such volunteer relationship is | 4 | | reduced to writing, or pursuant to contract,
furnish | 5 | | professional advice or consultation to any agency or | 6 | | instrumentality of
the State, individuals who serve as foster | 7 | | parents for the Department of
Children and Family Services when | 8 | | caring for a Department ward, individuals who serve as members | 9 | | of an independent team of experts under Brian's Law, and | 10 | | individuals
who serve as arbitrators pursuant to Part 10A of
| 11 | | Article II of the Code of Civil Procedure and the rules of the | 12 | | Supreme Court
implementing Part 10A, each as now or hereafter | 13 | | amended, but does not mean an
independent contractor except as | 14 | | provided in this Section. The term includes an
individual | 15 | | appointed as an inspector by the Director of State Police when
| 16 | | performing duties within the scope of the activities of a | 17 | | Metropolitan
Enforcement Group or a law enforcement | 18 | | organization established under the
Intergovernmental | 19 | | Cooperation Act. An individual who renders professional
advice | 20 | | and consultation to the State through an organization which | 21 | | qualifies as
an "employee" under the Act is also an employee. | 22 | | The term includes the estate
or personal representative of an | 23 | | employee.
| 24 | | (c) The term "pension fund" means a retirement system or | 25 | | pension
fund created under the Illinois Pension Code.
| 26 | | (Source: P.A. 96-1235, eff. 1-1-11.)
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| 1 | | Section 10. The Juvenile Court Act of 1987 is amended by | 2 | | changing Section 3-28 as follows:
| 3 | | (705 ILCS 405/3-28) (from Ch. 37, par. 803-28)
| 4 | | Sec. 3-28. Placement; legal custody or guardianship.
| 5 | | (1) If the court finds that the parents, guardian or legal | 6 | | custodian
of a minor adjudged a ward of the court are unfit or | 7 | | are unable, for
some reason other than financial circumstances | 8 | | alone, to care for,
protect, train or discipline the minor or | 9 | | are unwilling to do so, and that
appropriate services aimed at | 10 | | family preservation and family reunification
have been | 11 | | unsuccessful in rectifying the conditions which have led to | 12 | | such
a finding of unfitness or inability to care for, protect, | 13 | | train or
discipline the minor, and that it is in the best | 14 | | interest of the minor to
take him from the custody of his | 15 | | parents, guardian or custodian, the court may:
| 16 | | (a) place him in the custody of a suitable relative or | 17 | | other person;
| 18 | | (b) place him under the guardianship of a probation | 19 | | officer;
| 20 | | (c) commit him to an agency for care or placement, | 21 | | except an
institution under the authority of the Department | 22 | | of Juvenile Justice Corrections or of
the Department of | 23 | | Children and Family Services;
| 24 | | (d) commit him to some licensed training school or |
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| 1 | | industrial school; or
| 2 | | (e) commit him to any appropriate institution having | 3 | | among its
purposes the care of delinquent children, | 4 | | including a child protective
facility maintained by a Child | 5 | | Protection District serving the county from
which | 6 | | commitment is made, but not including any institution under | 7 | | the
authority of the Department of Juvenile Justice | 8 | | Corrections or of the Department of Children
and Family | 9 | | Services.
| 10 | | (2) When making such placement, the court, wherever | 11 | | possible, shall
select a person holding the same religious | 12 | | belief as that of the minor
or a private agency controlled by | 13 | | persons of like religious faith of the
minor and shall require | 14 | | the Department of Children and Family Services to
otherwise | 15 | | comply with Section 7 of the
Children and Family Services Act | 16 | | in placing the child. In addition, whenever
alternative plans | 17 | | for placement are
available, the court shall ascertain and | 18 | | consider, to the extent
appropriate in the particular case, the | 19 | | views and preferences of the minor.
| 20 | | (3) When a minor is placed with a suitable relative or | 21 | | other person,
the court shall appoint him the legal custodian | 22 | | or guardian of the
person of the minor. When a minor is | 23 | | committed to any agency, the court
shall appoint the proper | 24 | | officer or representative thereof as legal
custodian or | 25 | | guardian of the person of the minor. Legal custodians and
| 26 | | guardians of the person of the minor have the respective rights |
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| 1 | | and
duties set forth in paragraph (9) of Section 1-3 except as | 2 | | otherwise
provided by order of the court; but no guardian of | 3 | | the person may consent
to adoption of the minor unless that | 4 | | authority is conferred upon him in
accordance with Section | 5 | | 3-30. An agency whose representative is appointed
guardian of | 6 | | the person or legal custodian of the minor may place him in any
| 7 | | child care facility, but such facility must be licensed under | 8 | | the Child
Care Act of 1969 or have been approved by the | 9 | | Department of Children and
Family Services as meeting the | 10 | | standards established for such licensing. No
agency may place | 11 | | such minor in a child care facility unless such placement
is in | 12 | | compliance with the rules and regulations for placement under | 13 | | this
Section promulgated by the Department of Children and | 14 | | Family Services
under Section 5 of "An Act creating the | 15 | | Department of Children and Family
Services, codifying its | 16 | | powers and duties, and repealing certain Acts and
Sections | 17 | | herein named". Like authority and restrictions shall be | 18 | | conferred
by the court upon any probation officer who has been | 19 | | appointed guardian of
the person of a minor.
| 20 | | (4) No placement by any probation officer or agency whose | 21 | | representative
is appointed guardian of the person or legal | 22 | | custodian of a minor may be
made in any out of State child care | 23 | | facility unless it complies with the
Interstate Compact on the | 24 | | Placement of Children.
| 25 | | (5) The clerk of the court shall issue to such legal | 26 | | custodian or
guardian of the person a certified copy of the |
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| 1 | | order of the court, as proof
of his authority. No other process | 2 | | is necessary as authority for the
keeping of the minor.
| 3 | | (6) Custody or guardianship granted hereunder continues | 4 | | until the
court otherwise directs, but not after the minor | 5 | | reaches the age of 19
years except as set forth in Section | 6 | | 3-32.
| 7 | | (Source: P.A. 89-422.)
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.
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