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


Rep. Mary E. Flowers

Filed: 4/13/2016





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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) If the Department of Children and Family Services is
10appointed legal custodian or guardian of a minor under this
11Act, the Department of Children and Family Services A guardian
12or legal custodian appointed by the court under this Act shall
13file updated case plans with the court every 6 months. Every
14agency which has guardianship of a child shall file a
15supplemental petition for court review, or review by an
16administrative body appointed or approved by the court and
17further order within 18 months of the sentencing order and each
1818 months thereafter. The petition shall state facts relative
19to the child's present condition of physical, mental and
20emotional health as well as facts relative to his or her
21present custodial or foster care. The petition shall be set for
22hearing and the clerk shall mail 10 days notice of the hearing
23by certified mail, return receipt requested, to the person or
24agency having the physical custody of the child, the minor and
25other interested parties unless a written waiver of notice is
26filed with the petition.



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1    If the minor is in the custody of the Illinois Department
2of Children and Family Services, pursuant to an order entered
3under this Article, the court shall conduct permanency hearings
4as set out in subsections (1), (2), and (3) of Section 2-28 of
5Article II of this Act.
6    Rights of wards of the court under this Act are enforceable
7against any public agency by complaints for relief by mandamus
8filed in any proceedings brought under this Act.
9    (3) The minor or any person interested in the minor may
10apply to the court for a change in custody of the minor and the
11appointment of a new custodian or guardian of the person or for
12the restoration of the minor to the custody of his or her
13parents or former guardian or custodian. In the event that the
14minor has attained 18 years of age and the guardian or
15custodian petitions the court for an order terminating his or
16her guardianship or custody, guardianship or legal custody
17shall terminate automatically 30 days after the receipt of the
18petition unless the court orders otherwise. No legal custodian
19or guardian of the person may be removed without his or her
20consent until given notice and an opportunity to be heard by
21the court.
22    (4) If the minor is committed to the Department of Juvenile
23Justice under Section 5-750 of this Act, the Department shall
24notify the court in writing of the occurrence of any of the
26        (a) a critical incident involving a youth committed to



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1    the Department; as used in this paragraph (a), "critical
2    incident" means any incident that involves a serious risk
3    to the life, health, or well-being of the youth and
4    includes, but is not limited to, an accident or suicide
5    attempt resulting in serious bodily harm or
6    hospitalization, psychiatric hospitalization, alleged or
7    suspected abuse, or escape or attempted escape from
8    custody, filed within 10 days of the occurrence;
9        (b) a youth who has been released by the Prisoner
10    Review Board but remains in a Department facility solely
11    because the youth does not have an approved aftercare
12    release host site, filed within 10 days of the occurrence;
13        (c) a youth, except a youth who has been adjudicated a
14    habitual or violent juvenile offender under Section 5-815
15    or 5-820 of this Act or committed for first degree murder,
16    who has been held in a Department facility for over one
17    consecutive year; or
18        (d) if a report has been filed under paragraph (c) of
19    this subsection, a supplemental report shall be filed every
20    6 months thereafter.
21The notification required by this subsection (4) shall contain
22a brief description of the incident or situation and a summary
23of the youth's current physical, mental, and emotional health
24and the actions the Department took in response to the incident
25or to identify an aftercare release host site, as applicable.
26Upon receipt of the notification, the court may require the



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1Department to make a full report under subsection (1) of this
3    (5) With respect to any report required to be filed with
4the court under this Section, the Independent Juvenile
5Ombudsman shall provide a copy to the minor's court appointed
6guardian ad litem, if the Department has received written
7notice of the appointment, and to the minor's attorney, if the
8Department has received written notice of representation from
9the attorney. If the Department has a record that a guardian
10has been appointed for the minor and a record of the last known
11address of the minor's court appointed guardian, the
12Independent Juvenile Ombudsman shall send a notice to the
13guardian that the report is available and will be provided by
14the Independent Juvenile Ombudsman upon request. If the
15Department has no record regarding the appointment of a
16guardian for the minor, and the Department's records include
17the last known addresses of the minor's parents, the
18Independent Juvenile Ombudsman shall send a notice to the
19parents that the report is available and will be provided by
20the Independent Juvenile Ombudsman upon request.
21(Source: P.A. 96-178, eff. 1-1-10; 97-518, eff. 1-1-12.)".