Full Text of HB0114 99th General Assembly
HB0114ham002 99TH GENERAL ASSEMBLY | Rep. Mary E. Flowers Filed: 4/20/2015
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| 1 | | AMENDMENT TO HOUSE BILL 114
| 2 | | AMENDMENT NO. ______. Amend House Bill 114, 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 | | (2) A guardian or legal custodian appointed by the court | 10 | | under this
Act shall file updated case plans with the court | 11 | | every 6 months. Every agency
which has guardianship of a child | 12 | | shall file a supplemental petition for court
review, or review | 13 | | by an administrative body appointed or approved by the court
| 14 | | and further order within 18 months of the sentencing order and | 15 | | each 18 months
thereafter. The petition shall state facts | 16 | | relative to the child's present
condition of physical, mental | 17 | | and emotional health as well as facts relative to
his or her | 18 | | present custodial or foster care. The petition shall be set for
| 19 | | hearing
and the clerk shall mail 10 days notice of the hearing | 20 | | by certified mail,
return receipt requested, to the person or | 21 | | agency having the physical custody
of the child, the minor and | 22 | | other interested parties unless a
written waiver of notice is | 23 | | filed with the petition.
| 24 | | If the minor is in the custody of the Illinois Department | 25 | | of Children and Family Services, pursuant to an order entered | 26 | | under this Article, the court shall conduct permanency hearings |
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| 1 | | as set out in subsections (1), (2), and (3) of Section 2-28 of | 2 | | Article II of this Act. | 3 | | Rights of wards of the court under this Act are enforceable | 4 | | against any
public agency by complaints for relief by mandamus | 5 | | filed in any proceedings
brought under this Act.
| 6 | | (3) The minor or any person interested in the minor may | 7 | | apply to the court
for a change in custody of the minor and the | 8 | | appointment of a new custodian or
guardian of the person or for | 9 | | the restoration of the minor to the custody of
his or her | 10 | | parents or former guardian or custodian. In the event that the
| 11 | | minor has
attained 18 years of age and the guardian or | 12 | | custodian petitions the court for
an order terminating his or | 13 | | her guardianship or custody, guardianship or legal
custody
| 14 | | shall terminate automatically 30 days after the receipt of the | 15 | | petition unless
the
court orders otherwise. No legal custodian | 16 | | or guardian of the person may be
removed without his or her | 17 | | consent until given notice and an opportunity to be
heard by | 18 | | the court.
| 19 | | (4) If the minor is committed to the Department of Juvenile | 20 | | Justice under Section 5-750 of this Act, the Department shall | 21 | | notify the court in writing within 10 days of the occurrence of | 22 | | any of the following: | 23 | | (a) a critical incident involving a youth committed to | 24 | | the Department. As used in this paragraph (a), "critical | 25 | | incident" means any incident that involves a serious risk | 26 | | to the life, health, or wellbeing of the youth, the |
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| 1 | | incident may include, but is not limited to, an accident or | 2 | | suicide attempt resulting in serious bodily harm or | 3 | | hospitalization, psychiatric hospitalization, alleged or | 4 | | suspected abuse, or escape or attempted escape from | 5 | | custody; | 6 | | (b) a youth who has been released by the Prisoner | 7 | | Review Board but remains in a Department facility solely | 8 | | because the youth does not have an approved aftercare | 9 | | release host site; or | 10 | | (c) a youth, except a youth who has been adjudicated a | 11 | | habitual or violent juvenile offender under Section 5-815 | 12 | | or 5-820 of this Act or committed for first degree murder, | 13 | | who has been held in a Department facility for over one | 14 | | consecutive year. The initial report shall be filed on or | 15 | | before the later of the following dates: (1) March 1, 2016 | 16 | | or (2) the date of the 13 month anniversary of the entry of | 17 | | the court order placing the minor in the custody of the | 18 | | Department. Supplemental reports shall be filed every 6 | 19 | | months thereafter. | 20 | | The notification shall contain a brief description of the | 21 | | incident or situation and a summary of the youth's current | 22 | | physical, mental, and emotional health and the actions the | 23 | | Department took in response to the incident or to identify an | 24 | | aftercare release host site, as applicable. Upon receipt of the | 25 | | notification, the court may require the Department to make a | 26 | | full report under subsection (1) of this Section. |
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| 1 | | (5) With respect to any report required be filed with the | 2 | | court under this Section, the Independent Juvenile Ombudsman | 3 | | shall provide a copy to the minor's court appointed guardian ad | 4 | | litem, if the Department has received written notice of the | 5 | | appointment, and to the minor's attorney, if the Department has | 6 | | received written notice of representation from the attorney. If | 7 | | the Department has a record that a guardian has been appointed | 8 | | for the minor and a record of the last known address of the | 9 | | minor's court appointed guardian, the Independent Juvenile | 10 | | Ombudsman shall send a notice to the guardian that the report | 11 | | is available and will be provided by the Independent Juvenile | 12 | | Ombudsman, upon request. When the Department has no record that | 13 | | a guardian has not been appointed for the minor, and the | 14 | | Department's records include the last known addresses of the | 15 | | minor's parents, the Independent Juvenile Ombudsman shall send | 16 | | a notice to the parents that the report is available and will | 17 | | be provided by the Independent Juvenile Ombudsman, upon | 18 | | request. | 19 | | (Source: P.A. 96-178, eff. 1-1-10; 97-518, eff. 1-1-12.)".
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