Illinois General Assembly - Full Text of HB0114
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Full Text of HB0114  99th General Assembly




HB0114 EnrolledLRB099 03699 RLC 23711 b

1    AN ACT concerning courts.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing 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
9of the person appointed under this Act, including the
10Department of Juvenile Justice for youth committed under
11Section 5-750 of this Act, to report periodically to the court
12or may cite him or her into court and require him or her, or his
13or her agency, to make a full and accurate report of his or her
14or its doings in behalf of the minor, including efforts to
15secure post-release placement of the youth after release from
16the Department's facilities. The legal custodian or guardian,
17within 10 days after the citation, shall make the report,
18either in writing verified by affidavit or orally under oath in
19open court, or otherwise as the court directs. Upon the hearing
20of the report the court may remove the legal custodian or
21guardian and appoint another in his or her stead or restore the
22minor to the custody of his or her parents or former guardian
23or legal custodian.



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1    (2) If the Department of Children and Family Services is
2appointed legal custodian or guardian of a minor under this
3Act, the Department of Children and Family Services A guardian
4or legal custodian appointed by the court under this Act shall
5file updated case plans with the court every 6 months. Every
6agency which has guardianship of a child shall file a
7supplemental petition for court review, or review by an
8administrative body appointed or approved by the court and
9further order within 18 months of the sentencing order and each
1018 months thereafter. The petition shall state facts relative
11to the child's present condition of physical, mental and
12emotional health as well as facts relative to his or her
13present custodial or foster care. The petition shall be set for
14hearing and the clerk shall mail 10 days notice of the hearing
15by certified mail, return receipt requested, to the person or
16agency having the physical custody of the child, the minor and
17other interested parties unless a written waiver of notice is
18filed with the petition.
19    If the minor is in the custody of the Illinois Department
20of Children and Family Services, pursuant to an order entered
21under this Article, the court shall conduct permanency hearings
22as set out in subsections (1), (2), and (3) of Section 2-28 of
23Article II of this Act.
24    Rights of wards of the court under this Act are enforceable
25against any public agency by complaints for relief by mandamus
26filed in any proceedings brought under this Act.



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1    (3) The minor or any person interested in the minor may
2apply to the court for a change in custody of the minor and the
3appointment of a new custodian or guardian of the person or for
4the restoration of the minor to the custody of his or her
5parents or former guardian or custodian. In the event that the
6minor has attained 18 years of age and the guardian or
7custodian petitions the court for an order terminating his or
8her guardianship or custody, guardianship or legal custody
9shall terminate automatically 30 days after the receipt of the
10petition unless the court orders otherwise. No legal custodian
11or guardian of the person may be removed without his or her
12consent until given notice and an opportunity to be heard by
13the court.
14    (4) If the minor is committed to the Department of Juvenile
15Justice under Section 5-750 of this Act, the Department shall
16notify the court in writing of the occurrence of any of the
18        (a) a critical incident involving a youth committed to
19    the Department; as used in this paragraph (a), "critical
20    incident" means any incident that involves a serious risk
21    to the life, health, or well-being of the youth and
22    includes, but is not limited to, an accident or suicide
23    attempt resulting in serious bodily harm or
24    hospitalization, psychiatric hospitalization, alleged or
25    suspected abuse, or escape or attempted escape from
26    custody, filed within 10 days of the occurrence;



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1        (b) a youth who has been released by the Prisoner
2    Review Board but remains in a Department facility solely
3    because the youth does not have an approved aftercare
4    release host site, filed within 10 days of the occurrence;
5        (c) a youth, except a youth who has been adjudicated a
6    habitual or violent juvenile offender under Section 5-815
7    or 5-820 of this Act or committed for first degree murder,
8    who has been held in a Department facility for over one
9    consecutive year; or
10        (d) if a report has been filed under paragraph (c) of
11    this subsection, a supplemental report shall be filed every
12    6 months thereafter.
13The notification required by this subsection (4) shall contain
14a brief description of the incident or situation and a summary
15of the youth's current physical, mental, and emotional health
16and the actions the Department took in response to the incident
17or to identify an aftercare release host site, as applicable.
18Upon receipt of the notification, the court may require the
19Department to make a full report under subsection (1) of this
21    (5) With respect to any report required to be filed with
22the court under this Section, the Independent Juvenile
23Ombudsman shall provide a copy to the minor's court appointed
24guardian ad litem, if the Department has received written
25notice of the appointment, and to the minor's attorney, if the
26Department has received written notice of representation from



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1the attorney. If the Department has a record that a guardian
2has been appointed for the minor and a record of the last known
3address of the minor's court appointed guardian, the
4Independent Juvenile Ombudsman shall send a notice to the
5guardian that the report is available and will be provided by
6the Independent Juvenile Ombudsman upon request. If the
7Department has no record regarding the appointment of a
8guardian for the minor, and the Department's records include
9the last known addresses of the minor's parents, the
10Independent Juvenile Ombudsman shall send a notice to the
11parents that the report is available and will be provided by
12the Independent Juvenile Ombudsman upon request.
13(Source: P.A. 96-178, eff. 1-1-10; 97-518, eff. 1-1-12.)