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


Rep. Mary E. Flowers

Filed: 4/20/2015





09900HB0114ham002LRB099 03699 RLC 34428 a


2    AMENDMENT NO. ______. Amend House Bill 114, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Juvenile Court Act of 1987 is amended by
6changing 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
10of the person appointed under this Act, including the
11Department of Juvenile Justice for youth committed under
12Section 5-750 of this Act, to report periodically to the court
13or may cite him or her into court and require him or her, or his
14or her agency, to make a full and accurate report of his or her
15or its doings in behalf of the minor, including efforts to
16secure post-release placement of the youth after release from



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1the Department's facilities. The legal custodian or guardian,
2within 10 days after the citation, shall make the report,
3either in writing verified by affidavit or orally under oath in
4open court, or otherwise as the court directs. Upon the hearing
5of the report the court may remove the legal custodian or
6guardian and appoint another in his or her stead or restore the
7minor to the custody of his or her parents or former guardian
8or legal custodian.
9    (2) A guardian or legal custodian appointed by the court
10under this Act shall file updated case plans with the court
11every 6 months. Every agency which has guardianship of a child
12shall file a supplemental petition for court review, or review
13by an administrative body appointed or approved by the court
14and further order within 18 months of the sentencing order and
15each 18 months thereafter. The petition shall state facts
16relative to the child's present condition of physical, mental
17and emotional health as well as facts relative to his or her
18present custodial or foster care. The petition shall be set for
19hearing and the clerk shall mail 10 days notice of the hearing
20by certified mail, return receipt requested, to the person or
21agency having the physical custody of the child, the minor and
22other interested parties unless a written waiver of notice is
23filed with the petition.
24    If the minor is in the custody of the Illinois Department
25of Children and Family Services, pursuant to an order entered
26under this Article, the court shall conduct permanency hearings



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1as set out in subsections (1), (2), and (3) of Section 2-28 of
2Article II of this Act.
3    Rights of wards of the court under this Act are enforceable
4against any public agency by complaints for relief by mandamus
5filed in any proceedings brought under this Act.
6    (3) The minor or any person interested in the minor may
7apply to the court for a change in custody of the minor and the
8appointment of a new custodian or guardian of the person or for
9the restoration of the minor to the custody of his or her
10parents or former guardian or custodian. In the event that the
11minor has attained 18 years of age and the guardian or
12custodian petitions the court for an order terminating his or
13her guardianship or custody, guardianship or legal custody
14shall terminate automatically 30 days after the receipt of the
15petition unless the court orders otherwise. No legal custodian
16or guardian of the person may be removed without his or her
17consent until given notice and an opportunity to be heard by
18the court.
19    (4) If the minor is committed to the Department of Juvenile
20Justice under Section 5-750 of this Act, the Department shall
21notify the court in writing within 10 days of the occurrence of
22any 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.
20The notification shall contain a brief description of the
21incident or situation and a summary of the youth's current
22physical, mental, and emotional health and the actions the
23Department took in response to the incident or to identify an
24aftercare release host site, as applicable. Upon receipt of the
25notification, the court may require the Department to make a
26full report under subsection (1) of this Section.



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1    (5) With respect to any report required be filed with the
2court under this Section, the Independent Juvenile Ombudsman
3shall provide a copy to the minor's court appointed guardian ad
4litem, if the Department has received written notice of the
5appointment, and to the minor's attorney, if the Department has
6received written notice of representation from the attorney. If
7the Department has a record that a guardian has been appointed
8for the minor and a record of the last known address of the
9minor's court appointed guardian, the Independent Juvenile
10Ombudsman shall send a notice to the guardian that the report
11is available and will be provided by the Independent Juvenile
12Ombudsman, upon request. When the Department has no record that
13a guardian has not been appointed for the minor, and the
14Department's records include the last known addresses of the
15minor's parents, the Independent Juvenile Ombudsman shall send
16a notice to the parents that the report is available and will
17be provided by the Independent Juvenile Ombudsman, upon
19(Source: P.A. 96-178, eff. 1-1-10; 97-518, eff. 1-1-12.)".