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


Rep. Mary E. Flowers

Filed: 3/20/2015





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2    AMENDMENT NO. ______. Amend House Bill 114 on page 2, by
3replacing lines 17 through 19 with the following:
4    "(2) A guardian or legal custodian appointed by the court
5under this Act shall file updated case plans with the court
6every 6 months. Every agency which has guardianship of a
7child"; and
8    by replacing line 14 on page 3 through line 13 on page 5
9with the following:
10    "(2.1) Commitments to the Department of Juvenile Justice
11are indeterminate commitments, with time in a Department of
12Juvenile Justice facility intended to be a last resort for as
13short a time as possible. The Department of Juvenile Justice
14shall file a written report with the court when a minor who has
15been committed to the Department: (A) is in a Department of
16Juvenile Justice facility solely because the agency cannot find
17a placement for the minor, or (B) is in a Department of



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1Juvenile Justice facility for over one year. When the minor has
2been in the custody of the Department of Juvenile Justice for
3more than a year, but is not in a Department facility solely
4because the agency cannot find a placement for the minor, the
5initial report shall be filed on the later of the following
6dates: (i) March 1, 2016 or (ii) the 13 month anniversary of
7the court order placing the minor in the custody of the
8Department; and supplemental reports shall be filed every 6
9months thereafter. The report shall include the individual
10placement plan for the minor, as well as a detailed report of
11services and planning provided by the Department, and the steps
12the Department is taking to place the minor in a less
13restrictive setting. A copy of the report shall be provided to
14the minor's parents and guardian, if the Department has a
15record of the address of the parents and guardian. A copy of
16the report shall be provided to the minor's guardian ad litem
17and attorney. Upon receipt of the report, the court shall
18review the report and determine whether a hearing would serve
19the minor's best interests. The minor's parents or guardian or
20attorney may request that the court conduct a hearing. The
21decision as to whether a hearing is to be conducted shall be in
22the sound discretion of the court. Notice of the hearing shall
23be provided to the Director of Juvenile Justice and the minor's
24parent and guardian and attorney. If the court determines that
25a hearing would serve the minor's best interests and the minor
26does not have an attorney, an attorney shall be appointed for



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1the minor. If after receiving evidence, the court determines
2that the services contained in the placement plan are not
3reasonably calculated to prepare the minor for reentry into the
4community, the court shall put into writing the factual basis
5supporting the determination and enter specific findings based
6on the evidence. The court also shall enter an order for the
7Department to develop and implement a new placement plan or to
8implement changes in the current placement plan consistent with
9the court's findings. The new placement plan shall be filed
10with the court and served on all parties within 45 days of the
11order. The court shall continue the matter until the new
12placement plan is filed.".