HB0114ham001 99TH GENERAL ASSEMBLY

Rep. Mary E. Flowers

Filed: 3/20/2015

09900HB0114ham001 LRB099 03699 RLC 32808 a

AMENDMENT TO HOUSE BILL 114

AMENDMENT NO. ______. Amend House Bill 114 on page 2, by replacing lines 17 through 19 with the following:

"(2) A guardian or legal custodian appointed by the court under this Act shall file updated case plans with the court every 6 months. Every agency which has guardianship of a child"; and

by replacing line 14 on page 3 through line 13 on page 5 with the following:

"(2.1) Commitments to the Department of Juvenile Justice are indeterminate commitments, with time in a Department of Juvenile Justice facility intended to be a last resort for as short a time as possible. The Department of Juvenile Justice shall file a written report with the court when a minor who has been committed to the Department: (A) is in a Department of Juvenile Justice facility solely because the agency cannot find a placement for the minor, or (B) is in a Department of Juvenile Justice facility for over one year. When the minor has been in the custody of the Department of Juvenile Justice for more than a year, but is not in a Department facility solely because the agency cannot find a placement for the minor, the initial report shall be filed on the later of the following dates: (i) March 1, 2016 or (ii) the 13 month anniversary of the court order placing the minor in the custody of the Department; and supplemental reports shall be filed every 6 months thereafter. The report shall include the individual placement plan for the minor, as well as a detailed report of services and planning provided by the Department, and the steps the Department is taking to place the minor in a less restrictive setting. A copy of the report shall be provided to the minor's parents and guardian, if the Department has a record of the address of the parents and guardian. A copy of the report shall be provided to the minor's guardian ad litem and attorney. Upon receipt of the report, the court shall review the report and determine whether a hearing would serve the minor's best interests. The minor's parents or guardian or attorney may request that the court conduct a hearing. The decision as to whether a hearing is to be conducted shall be in the sound discretion of the court. Notice of the hearing shall be provided to the Director of Juvenile Justice and the minor's parent and guardian and attorney. If the court determines that a hearing would serve the minor's best interests and the minor does not have an attorney, an attorney shall be appointed for the minor. If after receiving evidence, the court determines that the services contained in the placement plan are not reasonably calculated to prepare the minor for reentry into the community, the court shall put into writing the factual basis supporting the determination and enter specific findings based on the evidence. The court also shall enter an order for the Department to develop and implement a new placement plan or to implement changes in the current placement plan consistent with the court's findings. The new placement plan shall be filed with the court and served on all parties within 45 days of the order. The court shall continue the matter until the new placement plan is filed.".