Full Text of SB0850 99th General Assembly
SB0850sam001 99TH GENERAL ASSEMBLY | Sen. Pamela J. Althoff Filed: 3/20/2015
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| 1 | | AMENDMENT TO SENATE BILL 850
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 850 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Children and Family Services Act is amended | 5 | | by adding Section 5.40 as follows: | 6 | | (20 ILCS 505/5.40 new) | 7 | | Sec. 5.40. Voluntary placement agreement. | 8 | | (a) The Department of Children and Family Services shall | 9 | | develop, by rule, criteria for determining when a child may be | 10 | | voluntarily placed in therapeutic out-of-home care funded by | 11 | | the Department for the sole purpose of obtaining mental health | 12 | | treatment for the child's serious mental illness or serious | 13 | | emotional disturbance. Relinquishment of custody of a child | 14 | | shall not be a condition for receipt of services or care | 15 | | delivered or funded by the Department under this Section, and | 16 | | the Department is prohibited from requesting, recommending, or |
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| 1 | | requiring a parent to relinquish his or her custody or | 2 | | guardianship of the child. The voluntary placement provisions | 3 | | under this Section do not apply to children who are abused or | 4 | | neglected as determined under the Abused and Neglected Child | 5 | | Reporting Act and the Juvenile Court Act of 1987. The criteria | 6 | | shall include the following: | 7 | | (1) The ability of the child's parent or legal guardian | 8 | | to pay for services. | 9 | | (2) The child's access to services. | 10 | | (3) The severity of the child's mental illness or | 11 | | emotional disturbance. | 12 | | (4) The danger the child poses to other residents of | 13 | | the home. | 14 | | (b) A child voluntarily placed shall be placed in a | 15 | | therapeutic out-of-home placement pursuant to a voluntary | 16 | | placement agreement voluntarily entered into by the parent or | 17 | | legal guardian of the child. The agreement must contain, at a | 18 | | minimum, the following: | 19 | | (1) A statement that the parent or legal guardian of | 20 | | the child is not transferring legal custody of the child to | 21 | | the Department or terminating his or her parental rights. | 22 | | (2) A statement specifying the legal status of the | 23 | | child. | 24 | | (3) A statement specifying the rights and obligations | 25 | | of the parent of the child and the child's legal guardian | 26 | | or custodian, if any. |
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| 1 | | (4) A statement specifying the responsibilities of the | 2 | | Department regarding the care, placement, and treatment of | 3 | | the child. | 4 | | (c) When a child is voluntarily placed, the Department is | 5 | | responsible for the child's placement and care. When a | 6 | | voluntary placement agreement is executed, the Department | 7 | | shall ensure that the case is brought to the attention of a | 8 | | court pursuant to Article II of the Juvenile Court Act of 1987 | 9 | | in sufficient time for the court to make a finding within the | 10 | | first 180 days that the therapeutic out-of-home placement is in | 11 | | the best interests of the child. For a child to remain in | 12 | | therapeutic out-of-home care for longer than 180 days, a court | 13 | | must make a judicial determination within the first 180 days of | 14 | | the placement that the placement is in the best interests of | 15 | | the child. In addition, the court shall hold a permanency | 16 | | hearing as provided under Section 2-28 of the Juvenile Court | 17 | | Act of 1987 no later than 12 months after the child's original | 18 | | voluntary placement and not less frequently than once every 6 | 19 | | months thereafter during the continuation of the child's | 20 | | original voluntary placement, to determine the future | 21 | | placement of the child. | 22 | | (d) A child's need for therapeutic out-of-home placement to | 23 | | treat a serious emotional disturbance or a serious mental | 24 | | illness shall not in and of itself constitute a basis for a | 25 | | finding that the child is abused or neglected. A planned | 26 | | abandonment or relinquishment of custody of a child at a |
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| 1 | | hospital or similar facility shall not be the basis for a | 2 | | finding of abuse or neglect of the child if the Department | 3 | | determines that the parent or legal guardian was reasonable in | 4 | | his or her belief that taking the child home would endanger the | 5 | | child or other family members and the child is not otherwise | 6 | | abused or neglected. | 7 | | (e) For a child voluntarily placed pursuant to this | 8 | | Section, parental or guardian financial contribution to the | 9 | | cost of the child's care while the child is in a therapeutic | 10 | | out-of-home placement is required based on family income level: | 11 | | (1) If family income is at or below 300% of the federal | 12 | | poverty level, the parents or guardians are not required to | 13 | | share in the cost of the child's care. | 14 | | (2) If family income is above 300% of the federal | 15 | | poverty level and equal to or less than 400% of the federal | 16 | | poverty level, the parents or guardians of the child must | 17 | | contribute an amount not to exceed 5% of the cost of the | 18 | | child's care. | 19 | | (3) If family income is above 400% of the federal | 20 | | poverty level and equal to or less than 500% of the federal | 21 | | poverty level, the parents or guardians of the child must | 22 | | contribute an amount not to exceed 10% of the cost of the | 23 | | child's care. | 24 | | (4) If family income is above 500% of the federal | 25 | | poverty level, the parents or guardians shall contribute | 26 | | not more than 15% to the cost of the child's care. |
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| 1 | | (5) A parent or guardian who has private health | 2 | | insurance coverage for their family, including their | 3 | | child, must exhaust their insurance coverage first for | 4 | | coverage for residential services before the Department of | 5 | | Children and Family Services funds a therapeutic | 6 | | out-of-home placement pursuant to this Section. The parent | 7 | | or guardian shall maintain existing health care coverage to | 8 | | pay for the child's other health care needs while in the | 9 | | therapeutic out-of-home placement. | 10 | | (f) As used in this Section: | 11 | | "Family income" means the sum of a family's annual | 12 | | earnings and cash benefits from all sources before taxes, | 13 | | less payments made for child support. | 14 | | "Federal poverty level" means the poverty guidelines | 15 | | updated periodically in the Federal Register by the United | 16 | | States Department of Health and Human Services under the | 17 | | authority of 42 U.S.C. 9902(2). | 18 | | "Serious emotional disturbance" means a diagnosable | 19 | | mental, behavioral, or emotional disorder in a child or | 20 | | youth that resulted in functional impairment which | 21 | | substantially interferes with or limits his or her role or | 22 | | functioning in family, school, or community activities. | 23 | | "Serious mental illness" means the presence of a major | 24 | | disorder as classified in the Diagnostic and Statistical | 25 | | Manual of Mental Disorders, Fourth Edition (DSM-IV) | 26 | | (American Psychiatric Association, 1400 K Street NW, |
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| 1 | | Washington, DC 20005), excluding alcohol and substance | 2 | | abuse, Alzheimer's disease, and other forms of dementia | 3 | | based upon organic or physical disorders. A serious mental | 4 | | illness is determined by all of the following diagnoses | 5 | | that constitute a serious mental illness: | 6 | | (1) Schizophrenia; | 7 | | (2) Delusional disorder; | 8 | | (3) Schizo-affective disorder; | 9 | | (4) Psychotic disorder not otherwise | 10 | | specified; | 11 | | (5) Bipolar disorder I - mixed, manic, and | 12 | | depressed; | 13 | | (6) Bipolar disorder II; | 14 | | (7) Cyclothymic disorder;
or | 15 | | (8) Bipolar disorder not otherwise specified | 16 | | I. | 17 | | (g) The Department shall submit a report annually to the | 18 | | General Assembly by no later than January 15th on the number of | 19 | | children voluntarily placed pursuant to this Section during the | 20 | | previous calendar year.
| 21 | | Section 10. The Juvenile Court Act of 1987 is amended by | 22 | | changing Sections 1-3, 2-1, 2-4, 2-13, 2-17, 2-21, 2-22, 2-23, | 23 | | and 2-28 as follows:
| 24 | | (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
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| 1 | | Sec. 1-3. Definitions. Terms used in this Act, unless the | 2 | | context
otherwise requires, have the following meanings | 3 | | ascribed to them:
| 4 | | (1) "Adjudicatory hearing" means a hearing to
determine | 5 | | whether the allegations of a petition under Section 2-13, 3-15 | 6 | | or
4-12 that a minor under 18 years of age is abused, | 7 | | neglected , or dependent, subject to a voluntary placement | 8 | | agreement, or
requires authoritative intervention, or | 9 | | addicted, respectively, are supported
by a preponderance of the | 10 | | evidence or whether the allegations of a petition
under Section | 11 | | 5-520 that a minor is delinquent are proved beyond a reasonable
| 12 | | doubt.
| 13 | | (2) "Adult" means a person 21 years of age or older.
| 14 | | (3) "Agency" means a public or private child care facility
| 15 | | legally authorized or licensed by this State for placement or | 16 | | institutional
care or for both placement and institutional | 17 | | care.
| 18 | | (4) "Association" means any organization, public or
| 19 | | private, engaged in welfare functions which include services to | 20 | | or on behalf of
children but does not include "agency" as | 21 | | herein defined.
| 22 | | (4.05) Whenever a "best interest" determination is
| 23 | | required, the following factors shall be considered in the | 24 | | context of the
child's age and developmental needs:
| 25 | | (a) the physical safety and welfare of the child, | 26 | | including food, shelter,
health, and clothing;
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| 1 | | (b) the development of the child's identity;
| 2 | | (c) the child's background and ties, including | 3 | | familial,
cultural, and religious;
| 4 | | (d) the child's sense of attachments, including:
| 5 | | (i) where the child actually feels love, | 6 | | attachment, and a sense of
being valued (as opposed to | 7 | | where adults believe the child should
feel such love, | 8 | | attachment, and a sense of being valued);
| 9 | | (ii) the child's sense of security;
| 10 | | (iii) the child's sense of familiarity;
| 11 | | (iv) continuity of affection for the child;
| 12 | | (v) the least disruptive placement alternative for | 13 | | the child;
| 14 | | (e) the child's wishes and long-term goals;
| 15 | | (f) the child's community ties, including church, | 16 | | school, and friends;
| 17 | | (g) the child's need for permanence which includes the | 18 | | child's need for
stability and continuity of relationships | 19 | | with parent figures and with siblings
and other relatives;
| 20 | | (h) the uniqueness of every family and child;
| 21 | | (i) the risks attendant to entering and being in | 22 | | substitute care; and
| 23 | | (j) the preferences of the persons available to care | 24 | | for the child.
| 25 | | (4.1) "Chronic truant" shall have the definition
ascribed | 26 | | to it in Section 26-2a of the School Code.
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| 1 | | (5) "Court" means the circuit court in a session or | 2 | | division
assigned to hear proceedings under this Act.
| 3 | | (6) "Dispositional hearing" means a hearing to
determine | 4 | | whether a minor should be adjudged to be a ward of the court, | 5 | | and to
determine what order of disposition should be made in | 6 | | respect to a minor
adjudged to be a ward of the court.
| 7 | | (7) "Emancipated minor" means any minor 16 years of age or | 8 | | over who has
been completely or partially emancipated under the | 9 | | Emancipation of
Minors Act or
under this Act.
| 10 | | (7.05) "Foster parent" includes a relative caregiver | 11 | | selected by the Department of Children and Family Services to | 12 | | provide care for the minor. | 13 | | (8) "Guardianship of the person" of a minor
means the duty | 14 | | and authority to act in the best interests of the minor, | 15 | | subject
to residual parental rights and responsibilities, to | 16 | | make important decisions
in matters having a permanent effect | 17 | | on the life and development of the minor
and to be concerned | 18 | | with his or her general welfare. It includes but is not
| 19 | | necessarily limited to:
| 20 | | (a) the authority to consent to marriage, to enlistment | 21 | | in the armed
forces of the United States, or to a major | 22 | | medical, psychiatric, and
surgical treatment; to represent | 23 | | the minor in legal actions; and to make
other decisions of | 24 | | substantial legal significance concerning the minor;
| 25 | | (b) the authority and duty of reasonable visitation, | 26 | | except to the
extent that these have been limited in the |
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| 1 | | best interests of the minor by
court order;
| 2 | | (c) the rights and responsibilities of legal custody | 3 | | except where legal
custody has been vested in another | 4 | | person or agency; and
| 5 | | (d) the power to consent to the adoption of the minor, | 6 | | but only if
expressly conferred on the guardian in | 7 | | accordance with Section 2-29, 3-30, or
4-27.
| 8 | | (9) "Legal custody" means the relationship created by an
| 9 | | order of court in the best interests of the minor which imposes | 10 | | on the
custodian the responsibility of physical possession of a | 11 | | minor and the duty to
protect, train and discipline him and to | 12 | | provide him with food, shelter,
education and ordinary medical | 13 | | care, except as these are limited by residual
parental rights | 14 | | and responsibilities and the rights and responsibilities of the
| 15 | | guardian of the person, if any.
| 16 | | (9.1) "Mentally capable adult relative" means a person 21 | 17 | | years of age or older who is not suffering from a mental | 18 | | illness that prevents him or her from providing the care | 19 | | necessary to safeguard the physical safety and welfare of a | 20 | | minor who is left in that person's care by the parent or | 21 | | parents or other person responsible for the minor's welfare. | 22 | | (10) "Minor" means a person under the age of 21 years | 23 | | subject to
this Act.
| 24 | | (11) "Parent" means the father or mother of a child and
| 25 | | includes any adoptive parent. It also includes a man (i)
whose | 26 | | paternity
is presumed or has been established under the law of |
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| 1 | | this or another
jurisdiction or (ii) who has registered with | 2 | | the Putative Father Registry in
accordance with Section 12.1 of | 3 | | the Adoption Act and whose paternity has not
been ruled out | 4 | | under the law of this or another jurisdiction. It does not
| 5 | | include a
parent whose rights in respect to the
minor have been | 6 | | terminated in any manner provided by law. It does not include a | 7 | | person who has been or could be determined to be a parent under | 8 | | the Illinois Parentage Act of 1984, or similar parentage law in | 9 | | any other state, if that person has been convicted of or pled | 10 | | nolo contendere to a crime that resulted in the conception of | 11 | | the child under Section 11-1.20, 11-1.30, 11-1.40, 11-11, | 12 | | 12-13, 12-14, 12-14.1, subsection (a) or (b) (but not | 13 | | subsection (c)) of Section 11-1.50 or 12-15, or subsection (a), | 14 | | (b), (c), (e), or (f) (but not subsection (d)) of Section | 15 | | 11-1.60 or 12-16 of the Criminal Code of 1961 or the Criminal | 16 | | Code of 2012, or similar statute in another jurisdiction unless | 17 | | upon motion of any party, other than the offender, to the | 18 | | juvenile court proceedings the court finds it is in the child's | 19 | | best interest to deem the offender a parent for purposes of the | 20 | | juvenile court proceedings.
| 21 | | (11.1) "Permanency goal" means a goal set by the court as | 22 | | defined in
subdivision (2) of Section 2-28.
| 23 | | (11.2) "Permanency hearing" means a hearing to set the | 24 | | permanency goal and
to review and determine (i) the | 25 | | appropriateness of the services contained in
the plan and | 26 | | whether those services have been provided, (ii) whether |
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| 1 | | reasonable
efforts have been made by all the parties to the | 2 | | service plan to achieve the
goal, and (iii) whether the plan | 3 | | and goal have been achieved.
| 4 | | (12) "Petition" means the petition provided for in Section
| 5 | | 2-13, 3-15, 4-12 or 5-520, including any supplemental petitions | 6 | | thereunder
in Section 3-15, 4-12 or 5-520.
| 7 | | (12.1) "Physically capable adult relative" means a person | 8 | | 21 years of age or older who does not have a severe physical | 9 | | disability or medical condition, or is not suffering from | 10 | | alcoholism or drug addiction, that prevents him or her from | 11 | | providing the care necessary to safeguard the physical safety | 12 | | and welfare of a minor who is left in that person's care by the | 13 | | parent or parents or other person responsible for the minor's | 14 | | welfare. | 15 | | (12.2) "Post Permanency Sibling Contact Agreement" has the | 16 | | meaning ascribed to the term in Section 7.4 of the Children and | 17 | | Family Services Act. | 18 | | (13) "Residual parental
rights and responsibilities" means | 19 | | those rights and responsibilities remaining
with the parent | 20 | | after the transfer of legal custody or guardianship of the
| 21 | | person, including, but not necessarily limited to, the right to | 22 | | reasonable
visitation (which may be limited by the court in the | 23 | | best interests of the
minor as provided in subsection (8)(b) of | 24 | | this Section), the right to consent
to adoption, the right to | 25 | | determine the minor's religious affiliation, and the
| 26 | | responsibility for his support.
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| 1 | | (14) "Shelter" means the temporary care of a minor in
| 2 | | physically unrestricting facilities pending court disposition | 3 | | or execution of
court order for placement.
| 4 | | (14.1) "Sibling Contact Support Plan" has the meaning | 5 | | ascribed to the term in Section 7.4 of the Children and Family | 6 | | Services Act. | 7 | | (15) "Station adjustment" means the informal
handling of an | 8 | | alleged offender by a juvenile police officer.
| 9 | | (16) "Ward of the court" means a minor who is so
adjudged | 10 | | under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
| 11 | | requisite jurisdictional facts, and thus is subject to the | 12 | | dispositional powers
of the court under this Act.
| 13 | | (17) "Juvenile police officer" means a sworn
police officer | 14 | | who has completed a Basic Recruit Training Course, has been
| 15 | | assigned to the position of juvenile police officer by his or | 16 | | her chief law
enforcement officer and has completed the | 17 | | necessary juvenile officers training
as prescribed by the | 18 | | Illinois Law Enforcement Training Standards Board, or in
the | 19 | | case of a State police officer, juvenile officer
training | 20 | | approved by the Director of the Department of State Police.
| 21 | | (18) "Secure child care facility" means any child care | 22 | | facility licensed
by the Department of Children and Family | 23 | | Services to provide secure living
arrangements for children | 24 | | under 18 years of age who are subject to placement in
| 25 | | facilities under the Children and Family Services Act and who | 26 | | are not subject
to placement in facilities for whom standards |
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| 1 | | are established by the Department
of Corrections under Section | 2 | | 3-15-2 of the Unified Code of Corrections.
"Secure child care | 3 | | facility" also means a
facility that is designed and operated | 4 | | to ensure that all entrances and
exits
from the facility, a | 5 | | building, or a distinct part of the building are under the
| 6 | | exclusive control of the staff of the facility, whether or not | 7 | | the child has
the freedom of movement within the perimeter of | 8 | | the facility, building, or
distinct part of the building.
| 9 | | (Source: P.A. 97-568, eff. 8-25-11; 97-1076, eff. 8-24-12; | 10 | | 97-1150, eff. 1-25-13; 98-249, eff. 1-1-14.)
| 11 | | (705 ILCS 405/2-1) (from Ch. 37, par. 802-1)
| 12 | | Sec. 2-1. Jurisdictional facts. Proceedings may be | 13 | | instituted under the
provisions of this Article concerning boys | 14 | | and girls who are abused,
neglected , or dependent, or | 15 | | voluntarily placed, as defined in Sections 2-3 or 2-4.
| 16 | | (Source: P.A. 85-601.)
| 17 | | (705 ILCS 405/2-4) (from Ch. 37, par. 802-4)
| 18 | | Sec. 2-4. Dependent minor.
| 19 | | (1) Those who are dependent include any minor under 18 | 20 | | years of age:
| 21 | | (a) who is without a parent, guardian or legal | 22 | | custodian;
| 23 | | (b) who is without proper care because of the physical | 24 | | or mental
disability of his parent, guardian or custodian;
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| 1 | | (c) who is without proper medical or other remedial | 2 | | care recognized under
State law or other care necessary for | 3 | | his or her well being through no fault,
neglect or lack of | 4 | | concern by his parents, guardian or custodian, provided
| 5 | | that no order may be made terminating parental rights, nor | 6 | | may a minor be
removed from the custody of his or her | 7 | | parents for longer than 6 months,
pursuant to an | 8 | | adjudication as a dependent minor under this subdivision | 9 | | (c),
unless it is found to be in his or her best interest | 10 | | by the court or the case
automatically closes as provided | 11 | | under Section 2-31 of this Act; this subsection (c) does | 12 | | not apply to children with a serious emotional disturbance | 13 | | or a serious mental illness who are placed under a | 14 | | voluntary placement agreement; or
| 15 | | (d) who has a parent, guardian or legal custodian who | 16 | | with good cause
wishes to be relieved of all residual | 17 | | parental rights and
responsibilities, guardianship or | 18 | | custody, and who desires the
appointment of a guardian of | 19 | | the person with power to consent to the
adoption of the | 20 | | minor under Section 2-29.
| 21 | | (2) This Section does not apply to a minor who would be | 22 | | included
herein solely for the purpose of qualifying for | 23 | | financial assistance for
himself, his parent or parents, | 24 | | guardian or custodian or to a minor solely because his
or her | 25 | | parent or parents or guardian has left the minor for any period | 26 | | of time in the care
of an adult relative, who the parent or |
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| 1 | | parents or guardian know is both a mentally capable adult | 2 | | relative and physically capable adult relative, as defined by | 3 | | this Act.
| 4 | | (Source: P.A. 96-168, eff. 8-10-09.)
| 5 | | (705 ILCS 405/2-13) (from Ch. 37, par. 802-13)
| 6 | | Sec. 2-13. Petition.
| 7 | | (1) Any adult person, any agency or association by its
| 8 | | representative may file, or the court on its own motion, | 9 | | consistent with the
health, safety and best interests of the | 10 | | minor may direct the
filing through the State's Attorney of a | 11 | | petition in respect of a minor
under this Act. The petition and | 12 | | all subsequent court documents shall be
entitled "In the | 13 | | interest of ...., a minor".
| 14 | | (2) The petition shall be verified but the statements may | 15 | | be made
upon information and belief. It shall allege that the | 16 | | minor is
abused, neglected, or dependent, or subject to a | 17 | | voluntary placement agreement, with citations to the | 18 | | appropriate
provisions of this Act,
and set forth (a) facts | 19 | | sufficient to bring the minor
under Section 2-3 or 2-4 and to | 20 | | inform respondents of the cause of action,
including, but not | 21 | | limited to, a plain and concise statement of the factual
| 22 | | allegations that form the basis for the filing of the petition; | 23 | | (b) the name,
age and residence of the minor; (c) the names and | 24 | | residences of his parents;
(d) the name and residence of his
| 25 | | legal guardian or the person or persons having custody or |
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| 1 | | control of the
minor, or of the nearest known relative if no | 2 | | parent or guardian can be
found; and (e) if the minor upon | 3 | | whose behalf the petition is brought is
sheltered in custody, | 4 | | the date on which such temporary custody
was ordered by the
| 5 | | court or the date set for a temporary custody hearing. If any | 6 | | of the facts
herein required are not known by the petitioner, | 7 | | the petition shall so
state.
| 8 | | (3) The petition must allege that it is in the best | 9 | | interests of the
minor and of the public that he be adjudged a | 10 | | ward of the court and may
pray generally for relief available | 11 | | under this Act. The petition need
not specify any proposed | 12 | | disposition following adjudication of wardship. The petition | 13 | | may request that the minor remain in the custody of the parent, | 14 | | guardian, or custodian under an Order of Protection.
| 15 | | (4) If termination of parental rights and appointment of a | 16 | | guardian of the
person with power to consent to adoption of the | 17 | | minor under Section 2-29 is
sought, the petition shall so | 18 | | state. If the petition includes this request,
the prayer for | 19 | | relief shall clearly and obviously state that the parents could
| 20 | | permanently lose their rights as a parent at this hearing.
| 21 | | In addition to the foregoing, the petitioner, by motion, | 22 | | may request the
termination of parental rights and appointment | 23 | | of a guardian of the person with
power to consent to adoption | 24 | | of the minor under Section 2-29 at any time after
the entry of | 25 | | a dispositional order under Section 2-22.
| 26 | | (4.5) (a) With respect to any minors committed to its care |
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| 1 | | pursuant to
this Act, the Department of Children and Family | 2 | | Services shall request the
State's Attorney to file a petition | 3 | | or motion for termination of parental
rights and appointment of | 4 | | guardian of the person with power to consent to
adoption of the | 5 | | minor under Section 2-29 if:
| 6 | | (i) a minor has been in foster care, as described in | 7 | | subsection (b), for
15 months of the most recent 22 months; | 8 | | or
| 9 | | (ii) a minor under the age of 2 years has been | 10 | | previously determined to be
abandoned at an adjudicatory | 11 | | hearing; or
| 12 | | (iii) the parent is criminally convicted of (A) first | 13 | | degree murder or
second degree murder of any child, (B) | 14 | | attempt or conspiracy to commit first
degree murder or | 15 | | second degree murder of any child, (C) solicitation to | 16 | | commit
murder of any child, solicitation to commit murder | 17 | | for hire of any child, or
solicitation to
commit second | 18 | | degree murder of any child, (D)
aggravated battery, | 19 | | aggravated battery of a child, or felony domestic battery,
| 20 | | any of which has resulted in serious injury to the minor or | 21 | | a sibling of the
minor, (E) aggravated criminal sexual | 22 | | assault in
violation of subdivision (a)(1) of Section | 23 | | 11-1.40 or subdivision (a)(1) of Section 12-14.1 of the | 24 | | Criminal Code of 1961 or the Criminal Code of 2012,
or
(F) | 25 | | an offense in any other state the elements of which are | 26 | | similar and bear a
substantial relationship to any of the |
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| 1 | | foregoing offenses
| 2 | | unless:
| 3 | | (i) the child
is being cared for by a relative,
| 4 | | (ii) the Department has documented in the
case plan a | 5 | | compelling reason for determining that filing such | 6 | | petition would
not be in the best interests of the child,
| 7 | | (iii) the court has found within the
preceding 12 | 8 | | months that the Department has failed to make reasonable | 9 | | efforts
to reunify the child and family, or
| 10 | | (iv) paragraph (c) of this subsection (4.5)
provides | 11 | | otherwise.
| 12 | | (b) For purposes of this subsection, the date of entering | 13 | | foster care is
defined as the earlier of:
| 14 | | (1) The date of a judicial finding at an adjudicatory | 15 | | hearing that the
child is an abused, neglected, or | 16 | | dependent minor; or
| 17 | | (2) 60 days after the date on which the child is | 18 | | removed from his or her
parent, guardian, or legal | 19 | | custodian.
| 20 | | (c) With respect to paragraph (a)(i), the following | 21 | | transition rules shall
apply:
| 22 | | (1) If the child entered foster care after November 19, | 23 | | 1997 and
this amendatory Act of 1998 takes effect before | 24 | | the child has been in
foster care for 15 months of the | 25 | | preceding 22 months, then the Department shall
comply with | 26 | | the requirements of paragraph (a) of this subsection (4.5) |
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| 1 | | for that
child as soon as the child has been in foster care | 2 | | for 15 of the preceding 22
months.
| 3 | | (2) If the child entered foster care after November 19, | 4 | | 1997 and
this amendatory Act of 1998 takes effect after the | 5 | | child has been in foster
care for 15 of the preceding 22 | 6 | | months, then the Department shall comply with
the | 7 | | requirements of paragraph (a) of this subsection (4.5) for | 8 | | that child
within 3 months after the end of the next | 9 | | regular session of the General
Assembly.
| 10 | | (3) If the child entered foster care prior to November | 11 | | 19, 1997, then the
Department shall comply with the | 12 | | requirements of paragraph (a) of this
subsection (4.5) for | 13 | | that child in accordance with Department policy or rule.
| 14 | | (d) If the State's Attorney determines that the | 15 | | Department's request for
filing of a petition or motion | 16 | | conforms to the requirements set forth in
subdivisions (a), | 17 | | (b), and (c) of this subsection (4.5), then the State's
| 18 | | Attorney shall file the petition or motion as requested.
| 19 | | (5) The court shall liberally allow the petitioner to amend | 20 | | the petition to
set forth a cause of action or to add, amend, | 21 | | or supplement factual allegations
that form the basis for a | 22 | | cause of action up until 14 days before the
adjudicatory | 23 | | hearing. The petitioner may amend the petition after that date
| 24 | | and prior to the adjudicatory hearing if the court grants leave | 25 | | to amend upon a
showing of good cause.
The court may allow | 26 | | amendment of the
petition to conform with the evidence at any |
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| 1 | | time prior to ruling. In all
cases in which the court has | 2 | | granted leave to amend based on new evidence or
new | 3 | | allegations, the court shall permit
the respondent an adequate | 4 | | opportunity to prepare a defense to the amended
petition.
| 5 | | (6) At any time before dismissal of the petition or before | 6 | | final closing
and discharge under Section 2-31, one or more | 7 | | motions in the best interests of
the minor may be filed. The | 8 | | motion shall specify sufficient facts in support
of the relief | 9 | | requested.
| 10 | | (Source: P.A. 97-1150, eff. 1-25-13.)
| 11 | | (705 ILCS 405/2-17) (from Ch. 37, par. 802-17)
| 12 | | Sec. 2-17. Guardian ad litem.
| 13 | | (1) Immediately upon the filing of a petition alleging that | 14 | | the minor is
a person described in Sections 2-3 or 2-4 of this | 15 | | Article, the court shall
appoint a guardian ad litem for the | 16 | | minor if:
| 17 | | (a) such petition alleges that the minor is an abused , | 18 | | or neglected , dependent, or voluntarily placed
child ; or
| 19 | | (b) such petition alleges that charges alleging the | 20 | | commission
of any of the sex offenses defined in Article 11 | 21 | | or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, | 22 | | 11-1.60, 12-13,
12-14,
12-14.1,
12-15 or 12-16 of the | 23 | | Criminal Code of 1961 or the Criminal Code of 2012, have | 24 | | been
filed against a defendant in any court and that such | 25 | | minor is the alleged
victim of the acts of defendant in the |
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| 1 | | commission of such offense.
| 2 | | Unless the guardian ad litem appointed pursuant to this | 3 | | paragraph
(1) is an attorney at law he shall be represented in | 4 | | the performance
of his duties by counsel. The guardian ad litem | 5 | | shall represent the best
interests of the minor and shall | 6 | | present recommendations to the court
consistent with that duty.
| 7 | | (2) Before proceeding with the hearing, the court shall
| 8 | | appoint a guardian ad litem for the minor if
| 9 | | (a) no parent, guardian, custodian or relative of the | 10 | | minor appears
at the first or any subsequent hearing of the | 11 | | case;
| 12 | | (b) the petition prays for the appointment of a | 13 | | guardian with power
to consent to adoption; or
| 14 | | (c) the petition for which the minor is before the | 15 | | court resulted
from a report made pursuant to the Abused | 16 | | and Neglected Child Reporting
Act ; or .
| 17 | | (d) the petition alleges that the minor is subject to a | 18 | | voluntary placement agreement. | 19 | | (3) The court may appoint a guardian ad litem for the minor | 20 | | whenever
it finds that there may be a conflict of interest | 21 | | between the minor and
his parents or other custodian or that it | 22 | | is otherwise in the minor's
best interest to do so.
| 23 | | (4) Unless the guardian ad litem is an attorney, he shall | 24 | | be
represented by counsel.
| 25 | | (5) The reasonable fees of a guardian ad litem appointed | 26 | | under this
Section shall be fixed by the court and charged to |
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| 1 | | the parents of the
minor, to the extent they are able to pay. | 2 | | If the parents are unable to
pay those fees, they shall be paid | 3 | | from the general fund of the county.
| 4 | | (6) A guardian ad litem appointed under this Section, shall | 5 | | receive
copies of any and all classified reports of child abuse | 6 | | and neglect made
under the Abused and Neglected Child Reporting | 7 | | Act in which the minor who
is the subject of a report under the | 8 | | Abused and Neglected Child Reporting
Act, is also the minor for | 9 | | whom the guardian ad litem is appointed under
this Section.
| 10 | | (7) The appointed
guardian ad
litem shall remain the | 11 | | child's guardian ad litem throughout the entire juvenile
trial | 12 | | court
proceedings, including permanency hearings and | 13 | | termination of parental rights
proceedings, unless there is a | 14 | | substitution entered by order of the court.
| 15 | | (8) The guardian
ad
litem or an agent of the guardian ad | 16 | | litem shall have a minimum of one
in-person contact with the | 17 | | minor and one contact with one
of the
current foster parents or | 18 | | caregivers prior to the
adjudicatory hearing, and at
least one | 19 | | additional in-person contact with the child and one contact | 20 | | with
one of the
current foster
parents or caregivers after the | 21 | | adjudicatory hearing but
prior to the first permanency hearing
| 22 | | and one additional in-person contact with the child and one | 23 | | contact with one
of the current
foster parents or caregivers | 24 | | each subsequent year. For good cause shown, the
judge may | 25 | | excuse face-to-face interviews required in this subsection.
| 26 | | (9) In counties with a population of 100,000 or more but |
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| 1 | | less than
3,000,000, each guardian ad litem must successfully | 2 | | complete a training program
approved by the Department of | 3 | | Children and Family Services. The Department of
Children and | 4 | | Family Services shall provide training materials and documents | 5 | | to
guardians ad litem who are not mandated to attend the | 6 | | training program. The
Department of Children and Family | 7 | | Services shall develop
and
distribute to all guardians ad litem | 8 | | a bibliography containing information
including but not | 9 | | limited to the juvenile court process, termination of
parental | 10 | | rights, child development, medical aspects of child abuse, and | 11 | | the
child's need for safety and permanence.
| 12 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
| 13 | | (705 ILCS 405/2-21) (from Ch. 37, par. 802-21)
| 14 | | Sec. 2-21. Findings and adjudication.
| 15 | | (1) The court shall state for the record the manner in | 16 | | which the parties
received service of process and shall note | 17 | | whether the return or returns of
service, postal return receipt | 18 | | or receipts for notice by certified mail,
or certificate or | 19 | | certificates of publication have been filed in the court
| 20 | | record. The court shall enter any appropriate orders of default | 21 | | against any
parent who has been properly served in any manner | 22 | | and fails to appear.
| 23 | | No further service of process as defined in Sections 2-15 | 24 | | and 2-16 is
required in any subsequent proceeding for a parent | 25 | | who was properly served in
any manner, except as required by |
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| 1 | | Supreme Court Rule 11.
| 2 | | The caseworker shall testify about the diligent search | 3 | | conducted for the
parent.
| 4 | | After hearing the evidence the court shall determine | 5 | | whether or not the
minor is abused, neglected, or dependent , or | 6 | | subject to a voluntary placement agreement . If it finds that | 7 | | the minor is not
such a person, the court shall order the | 8 | | petition dismissed and the minor
discharged. The court's | 9 | | determination of whether the minor is abused,
neglected, or | 10 | | dependent , or subject to a voluntary placement agreement and | 11 | | that continued therapeutic out-of-home care is in the minor's | 12 | | best interest shall be stated in writing with the factual basis
| 13 | | supporting that determination.
| 14 | | If the court finds that the minor is abused, neglected, or | 15 | | dependent, the
court shall then determine and put in writing | 16 | | the factual basis supporting
that determination, and specify, | 17 | | to the extent possible, the acts
or omissions or both of each | 18 | | parent, guardian, or legal custodian that form the
basis
of the | 19 | | court's findings. That finding shall appear in the order of the | 20 | | court.
| 21 | | If the court finds that the child has been abused, | 22 | | neglected or dependent,
the court shall admonish the parents | 23 | | that they must cooperate with the
Department of Children and | 24 | | Family Services, comply with the terms of the
service plan, and | 25 | | correct the conditions that require the child to be in care,
or | 26 | | risk termination of parental rights.
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| 1 | | If the court determines that a person has inflicted | 2 | | physical or sexual
abuse upon a minor, the court shall report | 3 | | that determination to the Department
of State Police, which | 4 | | shall include that information in its report to the
President | 5 | | of the school board for a school district that requests a | 6 | | criminal history records check of that person, or the regional | 7 | | superintendent of schools who requests a check of that person, | 8 | | as required under Section 10-21.9 or
34-18.5 of the School | 9 | | Code.
| 10 | | (2) If, pursuant to subsection (1) of this Section, the | 11 | | court determines
and
puts in writing the factual basis | 12 | | supporting
the determination that the minor is either abused , | 13 | | or neglected , or dependent, or subject to a voluntary placement | 14 | | agreement,
the court shall then set a time not later than 30 | 15 | | days after the entry of the
finding for a dispositional hearing | 16 | | (unless an earlier date is required
pursuant to Section 2-13.1) | 17 | | to be conducted under Section 2-22 at which
hearing the court | 18 | | shall determine whether it is consistent with the
health, | 19 | | safety and best interests of the
minor and the public that he | 20 | | be made a ward of the court. To assist the court
in making this | 21 | | and other determinations at the dispositional hearing, the | 22 | | court
may order that an investigation be conducted and a | 23 | | dispositional report be
prepared concerning the minor's | 24 | | physical and mental history and condition,
family situation and | 25 | | background, economic status, education, occupation,
history of | 26 | | delinquency or criminality, personal habits, and any other
|
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| 1 | | information that may be helpful to the court. The dispositional | 2 | | hearing may be
continued once for a period not to exceed 30 | 3 | | days if the court finds that such
continuance is necessary to | 4 | | complete the dispositional report.
| 5 | | (3) The time limits of this Section may be waived only by | 6 | | consent of
all parties and approval by the court, as determined | 7 | | to be consistent with the
health, safety and best interests of | 8 | | the minor.
| 9 | | (4) For all cases adjudicated prior to July 1, 1991, for | 10 | | which no
dispositional hearing has been held prior to that | 11 | | date, a dispositional
hearing under Section 2-22 shall be held | 12 | | within 90 days of July 1, 1991.
| 13 | | (5) The court may terminate the parental rights of a parent | 14 | | at the initial
dispositional hearing if all of the following | 15 | | conditions are met:
| 16 | | (i) the original or amended petition contains a request | 17 | | for
termination of parental rights and appointment of a | 18 | | guardian with power to
consent to adoption; and
| 19 | | (ii) the court has found by a preponderance of | 20 | | evidence, introduced or
stipulated to at an adjudicatory | 21 | | hearing, that the child comes under the
jurisdiction of the | 22 | | court as an abused, neglected, or dependent minor under
| 23 | | Section 2-18; and
| 24 | | (iii) the court finds, on the basis of clear and | 25 | | convincing evidence
admitted at the adjudicatory hearing | 26 | | that the parent is an unfit person under
subdivision D of |
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| 1 | | Section 1 of the Adoption Act; and
| 2 | | (iv) the court determines in accordance with the rules | 3 | | of evidence for
dispositional proceedings, that:
| 4 | | (A) it is in the best interest of the minor and | 5 | | public that the child be
made a ward of the court;
| 6 | | (A-5) reasonable efforts under subsection (l-1) of | 7 | | Section 5 of the
Children and Family Services Act are | 8 | | inappropriate or such efforts were
made and were | 9 | | unsuccessful; and
| 10 | | (B) termination of parental rights and appointment | 11 | | of a guardian with
power to consent to adoption is in | 12 | | the best interest of the child pursuant to
Section | 13 | | 2-29.
| 14 | | (Source: P.A. 93-909, eff. 8-12-04.)
| 15 | | (705 ILCS 405/2-22) (from Ch. 37, par. 802-22)
| 16 | | Sec. 2-22. Dispositional hearing; evidence; continuance.
| 17 | | (1) At the dispositional hearing, the court shall determine | 18 | | whether it is in
the best interests of the minor and the public | 19 | | that he be made a ward of the
court, and, if he is to be made a | 20 | | ward of the court, the court shall determine
the proper | 21 | | disposition best serving the health, safety and interests of | 22 | | the
minor and the public.
The court also shall consider the | 23 | | permanency goal set for the minor, the
nature of the service | 24 | | plan for the minor and the services delivered and to be
| 25 | | delivered under the plan. All evidence helpful in determining |
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| 1 | | these questions,
including oral and written reports, may be | 2 | | admitted and may be relied upon to
the extent of its probative | 3 | | value, even though not competent for the purposes
of the | 4 | | adjudicatory hearing.
| 5 | | (2) Once all parties respondent have been served in | 6 | | compliance with
Sections 2-15 and 2-16, no further service or | 7 | | notice must be given to a party
prior to proceeding to a | 8 | | dispositional hearing. Before
making an order of disposition | 9 | | the court shall advise the
State's Attorney, the parents, | 10 | | guardian, custodian or responsible
relative or their counsel of | 11 | | the factual contents and the conclusions of the
reports | 12 | | prepared for the use of the court and considered by it, and
| 13 | | afford fair opportunity, if requested, to controvert them. The | 14 | | court may
order, however, that the documents containing such | 15 | | reports need not be
submitted to inspection, or that sources of | 16 | | confidential information
need not be disclosed except to the | 17 | | attorneys for the parties. Factual
contents, conclusions, | 18 | | documents and sources disclosed by the court
under this | 19 | | paragraph shall not be further disclosed without the express
| 20 | | approval of the court pursuant to an in camera hearing.
| 21 | | (3) A record of a prior continuance under supervision under | 22 | | Section
2-20, whether successfully completed with regard to the | 23 | | child's health,
safety and best interest, or not, is admissible | 24 | | at the
dispositional hearing.
| 25 | | (4) On its own motion or that of the State's Attorney, a | 26 | | parent, guardian,
custodian, responsible relative or counsel, |
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| 1 | | the court may adjourn the hearing
for a reasonable period to | 2 | | receive reports or other evidence, if the
adjournment is | 3 | | consistent with the health, safety and best interests of the
| 4 | | minor, but in no event shall continuances be granted so that | 5 | | the dispositional
hearing occurs more than 6 months after the | 6 | | initial removal of a minor from his
or her home. In scheduling | 7 | | investigations and hearings, the court shall give
priority to | 8 | | proceedings in which a minor has been removed from his or her | 9 | | home
before an order of disposition has been made.
| 10 | | (5) Unless already set by the court, at the conclusion of | 11 | | the dispositional
hearing, the court shall set the date for the | 12 | | first permanency hearing, to be
conducted under subsection (2) | 13 | | of Section 2-28, which shall be held: (a) within 12 months from | 14 | | the date temporary
custody was taken or, if the minor is | 15 | | subject to a voluntary placement agreement, within 12 months of | 16 | | the date the agreement was executed , (b) if the parental rights | 17 | | of both parents have been
terminated in accordance with the | 18 | | procedure described in subsection (5) of
Section 2-21, within | 19 | | 30 days of the termination of parental rights and
appointment | 20 | | of a guardian with power to consent to adoption, or (c) in
| 21 | | accordance
with subsection (2) of Section 2-13.1.
| 22 | | (6) When the court declares a child to be a ward of the | 23 | | court and awards
guardianship to the Department of Children and | 24 | | Family Services, (a) the
court shall
admonish the parents, | 25 | | guardian, custodian or responsible relative that the
parents | 26 | | must cooperate with the Department of Children and Family |
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| 1 | | Services,
comply with the terms of the service plans, and | 2 | | correct the conditions which
require the child to be in care, | 3 | | or risk termination of their parental
rights; and (b) the court | 4 | | shall inquire of the parties of any
intent to proceed with
| 5 | | termination of parental rights of a parent:
| 6 | | (A) whose identity still remains unknown;
| 7 | | (B) whose whereabouts remain unknown; or
| 8 | | (C) who was found in default at the adjudicatory | 9 | | hearing and has not
obtained an order setting aside the | 10 | | default in accordance with Section 2-1301
of the Code of | 11 | | Civil Procedure.
| 12 | | (Source: P.A. 92-822, eff. 8-21-02.)
| 13 | | (705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
| 14 | | Sec. 2-23. Kinds of dispositional orders.
| 15 | | (1) The following kinds of orders of disposition may be | 16 | | made in respect of
wards of the court:
| 17 | | (a) A minor under 18 years of age found to be neglected | 18 | | or abused under
Section 2-3 or dependent under Section 2-4 | 19 | | may be (1) continued in the
custody of his or her parents,
| 20 | | guardian or legal custodian; (2) placed in accordance with | 21 | | Section 2-27;
(3) restored to the custody of the parent, | 22 | | parents, guardian, or legal
custodian, provided the court | 23 | | shall order the parent, parents, guardian, or
legal | 24 | | custodian to cooperate with the Department of Children and | 25 | | Family
Services and comply with the terms of an after-care |
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| 1 | | plan or risk the loss of
custody of the child and the | 2 | | possible termination of their parental rights;
or
(4) | 3 | | ordered partially or completely emancipated in accordance | 4 | | with
the provisions of the Emancipation of Minors Act.
| 5 | | However, in any case in which a minor is found by the | 6 | | court to be
neglected or abused under Section 2-3 of this | 7 | | Act, custody of the minor
shall not be restored to any | 8 | | parent, guardian or legal custodian whose acts
or omissions | 9 | | or both have been identified, pursuant to subsection (1) of
| 10 | | Section 2-21, as forming the basis for the court's finding | 11 | | of abuse or
neglect, until such time
as a
hearing is held | 12 | | on the issue of the best interests of the minor and the | 13 | | fitness
of such parent, guardian or legal custodian to care | 14 | | for the minor without
endangering the minor's health or | 15 | | safety, and the court
enters an order that such parent, | 16 | | guardian or legal custodian is fit to care
for the minor.
| 17 | | (b) A minor under 18 years of age found to be dependent | 18 | | under
Section 2-4 may be (1) placed in accordance with | 19 | | Section 2-27 or (2)
ordered partially or completely | 20 | | emancipated in accordance with the
provisions of the | 21 | | Emancipation of Minors Act.
| 22 | | However, in any case in which a minor is found by the | 23 | | court to be
dependent under Section 2-4 of this Act, | 24 | | custody of the minor shall not be
restored to
any parent, | 25 | | guardian or legal custodian whose acts or omissions or both | 26 | | have
been identified, pursuant to subsection (1) of Section |
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| 1 | | 2-21, as forming the
basis for the court's finding of | 2 | | dependency, until such
time as a hearing is
held on the | 3 | | issue of the fitness of such parent, guardian or legal
| 4 | | custodian to care for the minor without endangering the | 5 | | minor's health or
safety, and the court enters an order | 6 | | that such
parent, guardian or legal custodian is fit to | 7 | | care for the minor.
| 8 | | (b-1) A minor between the ages of 18 and 21 may be | 9 | | placed pursuant to Section 2-27 of this Act if (1) the | 10 | | court has granted a supplemental petition to reinstate | 11 | | wardship of the minor pursuant to subsection (2) of Section | 12 | | 2-33, or (2) the court has adjudicated the minor a ward of | 13 | | the court, permitted the minor to return home under an | 14 | | order of protection, and subsequently made a finding that | 15 | | it is in the minor's best interest to vacate the order of | 16 | | protection and commit the minor to the Department of | 17 | | Children and Family Services for care and service. | 18 | | (b-2) A minor under the age of 18 shall be continued in | 19 | | the custody and guardianship of his parents, guardians, or | 20 | | legal custodians and the Department of Children and Family | 21 | | Services shall be responsible for the child's placement and | 22 | | care.
| 23 | | (c) When the court awards guardianship to the | 24 | | Department of Children and
Family Services, the court shall | 25 | | order the parents to cooperate with the
Department of | 26 | | Children and Family Services, comply with the terms of the
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| 1 | | service plans, and correct the conditions that require the | 2 | | child to be in care,
or risk termination of their parental | 3 | | rights.
| 4 | | (2) Any order of disposition may provide for protective | 5 | | supervision
under Section 2-24 and may include an order of | 6 | | protection under Section 2-25.
| 7 | | Unless the order of disposition expressly so provides, it | 8 | | does
not operate to close proceedings on the pending petition, | 9 | | but is subject
to modification, not inconsistent with Section | 10 | | 2-28, until final closing and discharge of the proceedings | 11 | | under
Section 2-31.
| 12 | | (3) The court also shall enter any other orders necessary | 13 | | to fulfill the
service plan, including, but not limited to, (i) | 14 | | orders requiring parties to
cooperate with services, (ii) | 15 | | restraining orders controlling the conduct of any
party likely | 16 | | to frustrate the achievement of the goal, and (iii) visiting
| 17 | | orders. When the child is placed separately from a sibling, the
| 18 | | court shall review the Sibling Contact Support Plan developed | 19 | | under subsection (f) of Section 7.4 of the Children and Family | 20 | | Services Act, if applicable. If the Department has not convened | 21 | | a meeting to develop a Sibling
Contact Support Plan, or if the | 22 | | court finds that the existing Plan is not in the child's best
| 23 | | interest, the court may enter an order requiring the Department | 24 | | to develop and implement
a Sibling Contact Support Plan under | 25 | | subsection (f) of Section 7.4 of the Children and Family | 26 | | Services Act or order mediation. Unless otherwise specifically |
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| 1 | | authorized by law, the court is not
empowered under this | 2 | | subsection (3) to order specific placements, specific
| 3 | | services, or specific service
providers to be included in the | 4 | | plan. If, after receiving evidence, the court determines that | 5 | | the services contained in the plan are not reasonably | 6 | | calculated to facilitate achievement of the permanency goal, | 7 | | the court shall put in writing the factual basis supporting the | 8 | | determination and enter specific findings based on the | 9 | | evidence. The court also shall enter an order for the | 10 | | Department to develop and implement a new service plan or to | 11 | | implement changes to the current service plan consistent with | 12 | | the court's findings. The new service plan shall be filed with | 13 | | the court and served on all parties within 45 days after the | 14 | | date of the order. The court shall continue the matter until | 15 | | the new service plan is filed. Unless otherwise specifically | 16 | | authorized by law, the court is not empowered under this | 17 | | subsection (3) or under subsection (2) to order specific | 18 | | placements, specific services, or specific service providers | 19 | | to be included in the plan.
| 20 | | (4) In addition to any other order of disposition, the | 21 | | court may order
any minor adjudicated neglected with respect to | 22 | | his or her own injurious
behavior to make restitution, in | 23 | | monetary or non-monetary form, under the
terms and conditions | 24 | | of Section 5-5-6 of the Unified Code of Corrections,
except | 25 | | that the "presentence hearing" referred to therein shall be the
| 26 | | dispositional hearing for purposes of this Section. The parent, |
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| 1 | | guardian
or legal custodian of the minor may pay some or all of | 2 | | such restitution on
the minor's behalf.
| 3 | | (5) Any order for disposition where the minor is committed | 4 | | or placed in
accordance with Section 2-27 shall provide for the | 5 | | parents or guardian of
the estate of such minor to pay to the | 6 | | legal custodian or guardian of the
person of the minor such | 7 | | sums as are determined by the custodian or guardian
of the | 8 | | person of the minor as necessary for the minor's needs. Such | 9 | | payments
may not exceed the maximum amounts provided for by | 10 | | Section 9.1 of the
Children and Family Services Act.
| 11 | | (6) Whenever the order of disposition requires the minor to | 12 | | attend
school or participate in a program of training, the | 13 | | truant officer or
designated school official shall regularly | 14 | | report to the court if the minor
is a chronic or habitual | 15 | | truant under Section 26-2a of the School Code.
| 16 | | (7) The court may terminate the parental rights of a parent | 17 | | at the initial
dispositional hearing if all of the conditions | 18 | | in subsection (5) of Section
2-21 are met.
| 19 | | (Source: P.A. 96-581, eff. 1-1-10; 96-600, eff. 8-21-09; | 20 | | 96-1000, eff. 7-2-10; 97-1076, eff. 8-24-12.)
| 21 | | (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
| 22 | | Sec. 2-28. Court review.
| 23 | | (1) The court may require any legal custodian or guardian | 24 | | of the person
appointed under this Act to report periodically | 25 | | to the court or may cite
him into court and require him or his |
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| 1 | | agency, to make a full and
accurate report of his or its doings | 2 | | in behalf of the minor. The court may require the Department of | 3 | | Children and Family Services to report periodically to the | 4 | | court to make a full and accurate report of the Department's | 5 | | doings in behalf of a minor voluntarily placed with the | 6 | | Department. The
Department, custodian , or guardian, within 10 | 7 | | days after such citation, shall make
the report, either in | 8 | | writing verified by affidavit or orally under oath
in open | 9 | | court, or otherwise as the court directs. Upon the hearing of
| 10 | | the report the court may remove the custodian or guardian and | 11 | | appoint
another in his stead or restore the minor to the | 12 | | custody of his parents
or former guardian or custodian. | 13 | | However, custody of the minor shall
not be restored to any | 14 | | parent, guardian or legal custodian in any case
in which the | 15 | | minor is found to be neglected or abused under Section 2-3 or
| 16 | | dependent under Section 2-4 of this
Act, unless the minor can | 17 | | be cared for at home without endangering the
minor's health or | 18 | | safety and it is in the best interests of the minor, and
if | 19 | | such neglect,
abuse, or dependency is found by the court under | 20 | | paragraph (1)
of Section 2-21 of
this Act to have come about | 21 | | due to the acts or omissions or both of such
parent, guardian
| 22 | | or legal custodian, until such time as an investigation is made | 23 | | as provided in
paragraph (5) and a hearing is held on the issue | 24 | | of the fitness of such parent,
guardian or legal custodian to | 25 | | care for the minor and the court enters an order
that such | 26 | | parent, guardian or legal custodian is fit to care for the |
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| 1 | | minor.
| 2 | | (2) The first permanency hearing shall be
conducted by the | 3 | | judge. Subsequent permanency hearings may be
heard by a judge | 4 | | or by hearing officers appointed or approved by the court in
| 5 | | the manner set forth in Section 2-28.1 of this Act.
The initial | 6 | | hearing shall be held (a) within 12 months from the date
| 7 | | temporary
custody was taken, regardless of whether an | 8 | | adjudication or dispositional hearing has been completed | 9 | | within that time frame, or within 12 months of the date a | 10 | | voluntary placement agreement was executed, (b) if the parental | 11 | | rights of both parents have been
terminated in accordance with | 12 | | the procedure described in subsection (5) of
Section 2-21, | 13 | | within
30 days of the order for termination of parental rights | 14 | | and appointment of
a guardian with power to consent to | 15 | | adoption, or (c) in accordance with
subsection
(2) of Section | 16 | | 2-13.1. Subsequent permanency hearings
shall be held every 6 | 17 | | months
or more frequently if necessary in the court's | 18 | | determination following the
initial permanency hearing, in | 19 | | accordance with the standards set forth in this
Section, until | 20 | | the court determines that the plan and goal have been achieved.
| 21 | | Once the plan and goal have been achieved, if the minor remains | 22 | | in substitute
care, the case shall be reviewed at least every 6 | 23 | | months thereafter, subject to
the provisions of this Section, | 24 | | unless the minor is placed in the guardianship
of a suitable | 25 | | relative or other person and the court determines that further
| 26 | | monitoring by the court does not further the health, safety or |
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| 1 | | best interest of
the child and that this is a stable permanent | 2 | | placement.
The permanency hearings must occur within the time | 3 | | frames set forth in this
subsection and may not be delayed in | 4 | | anticipation of a report from any source or due to the agency's | 5 | | failure to timely file its written report (this
written report | 6 | | means the one required under the next paragraph and does not
| 7 | | mean the service plan also referred to in that paragraph).
| 8 | | The public agency that is the custodian or guardian of the | 9 | | minor, or another
agency responsible for the minor's care, | 10 | | shall ensure that all parties to the
permanency hearings are | 11 | | provided a copy of the most recent
service plan prepared within | 12 | | the prior 6 months
at least 14 days in advance of the hearing. | 13 | | In voluntary placement cases, the Department of Children and | 14 | | Family Services is responsible for creating and distributing | 15 | | the service plan. If not contained in the plan, the
agency | 16 | | shall also include a report setting forth (i) any special
| 17 | | physical, psychological, educational, medical, emotional, or | 18 | | other needs of the
minor or his or her family that are relevant | 19 | | to a permanency or placement
determination and (ii) for any | 20 | | minor age 16 or over, a written description of
the programs and | 21 | | services that will enable the minor to prepare for independent
| 22 | | living. The agency's written report must detail what progress | 23 | | or lack of
progress the parent has made in correcting the | 24 | | conditions requiring the child
to be in care; whether the child | 25 | | can be returned home without jeopardizing the
child's health, | 26 | | safety, and welfare, and if not, what permanency goal is
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| 1 | | recommended to be in the best interests of the child, and why | 2 | | the other
permanency goals are not appropriate. The caseworker | 3 | | must appear and testify
at the permanency hearing. If a | 4 | | permanency hearing has not previously been
scheduled by the | 5 | | court, the moving party shall move for the setting of a
| 6 | | permanency hearing and the entry of an order within the time | 7 | | frames set forth
in this subsection.
| 8 | | At the permanency hearing, the court shall determine the | 9 | | future status
of the child. The court shall set one of the | 10 | | following permanency goals:
| 11 | | (A) The minor will be returned home by a specific date | 12 | | within 5
months.
| 13 | | (B) The minor will be in short-term care with a
| 14 | | continued goal to return home within a period not to exceed | 15 | | one
year, where the progress of the parent or parents is | 16 | | substantial giving
particular consideration to the age and | 17 | | individual needs of the minor.
| 18 | | (B-1) The minor will be in short-term care with a | 19 | | continued goal to return
home pending a status hearing. | 20 | | When the court finds that a parent has not made
reasonable | 21 | | efforts or reasonable progress to date, the court shall | 22 | | identify
what actions the parent and the Department must | 23 | | take in order to justify a
finding of reasonable efforts or | 24 | | reasonable progress and shall set a status
hearing to be | 25 | | held not earlier than 9 months from the date of | 26 | | adjudication nor
later than 11 months from the date of |
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| 1 | | adjudication during which the parent's
progress will again | 2 | | be reviewed.
| 3 | | (C) The minor will be in substitute care pending court
| 4 | | determination on termination of parental rights.
| 5 | | (D) Adoption, provided that parental rights have been | 6 | | terminated or
relinquished.
| 7 | | (E) The guardianship of the minor will be transferred | 8 | | to an individual or
couple on a permanent basis provided | 9 | | that goals (A) through (D) have
been ruled out.
| 10 | | (F) The minor over age 15 will be in substitute care | 11 | | pending
independence.
| 12 | | (G) The minor will be in substitute care because he or | 13 | | she cannot be
provided for in a home environment due to | 14 | | developmental
disabilities or mental illness or because he | 15 | | or she is a danger to self or
others, provided that goals | 16 | | (A) through (D) have been ruled out.
| 17 | | In selecting any permanency goal, the court shall indicate | 18 | | in writing the
reasons the goal was selected and why the | 19 | | preceding goals were ruled out.
Where the court has selected a | 20 | | permanency goal other than (A), (B), or (B-1),
the
Department | 21 | | of Children and Family Services shall not provide further
| 22 | | reunification services, but shall provide services
consistent | 23 | | with the goal
selected.
| 24 | | (H) Notwithstanding any other provision in this | 25 | | Section, the court may select the goal of continuing foster | 26 | | care as a permanency goal if: |
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| 1 | | (1) The Department of Children and Family Services | 2 | | has custody and guardianship of the minor; | 3 | | (2) The court has ruled out all other permanency | 4 | | goals based on the child's best interest;
| 5 | | (3) The court has found compelling reasons, based | 6 | | on written documentation reviewed by the court, to | 7 | | place the minor in continuing foster care. Compelling | 8 | | reasons include:
| 9 | | (a) the child does not wish to be adopted or to | 10 | | be placed in the guardianship of his or her | 11 | | relative or foster care placement;
| 12 | | (b) the child exhibits an extreme level of need | 13 | | such that the removal of the child from his or her | 14 | | placement would be detrimental to the child; or
| 15 | | (c) the child who is the subject of the | 16 | | permanency hearing has existing close and strong | 17 | | bonds with a sibling, and achievement of another | 18 | | permanency goal would substantially interfere with | 19 | | the subject child's sibling relationship, taking | 20 | | into consideration the nature and extent of the | 21 | | relationship, and whether ongoing contact is in | 22 | | the subject child's best interest, including | 23 | | long-term emotional interest, as compared with the | 24 | | legal and emotional benefit of permanence;
| 25 | | (4) The child has lived with the relative or foster | 26 | | parent for at least one year; and
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| 1 | | (5) The relative or foster parent currently caring | 2 | | for the child is willing and capable of providing the | 3 | | child with a stable and permanent environment. | 4 | | The court shall set a
permanency
goal that is in the best | 5 | | interest of the child. In determining that goal, the court | 6 | | shall consult with the minor in an age-appropriate manner | 7 | | regarding the proposed permanency or transition plan for the | 8 | | minor. The court's determination
shall include the following | 9 | | factors:
| 10 | | (1) Age of the child.
| 11 | | (2) Options available for permanence, including both | 12 | | out-of-State and in-State placement options.
| 13 | | (3) Current placement of the child and the intent of | 14 | | the family regarding
adoption.
| 15 | | (4) Emotional, physical, and mental status or | 16 | | condition of the child.
| 17 | | (5) Types of services previously offered and whether or | 18 | | not
the services were successful and, if not successful, | 19 | | the reasons the services
failed.
| 20 | | (6) Availability of services currently needed and | 21 | | whether the services
exist.
| 22 | | (7) Status of siblings of the minor.
| 23 | | The court shall consider (i) the permanency goal contained | 24 | | in the service
plan, (ii) the appropriateness of the
services | 25 | | contained in the plan and whether those services have been
| 26 | | provided, (iii) whether reasonable efforts have been made by |
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| 1 | | all
the parties to the service plan to achieve the goal, and | 2 | | (iv) whether the plan
and goal have been achieved. All evidence
| 3 | | relevant to determining these questions, including oral and | 4 | | written reports,
may be admitted and may be relied on to the | 5 | | extent of their probative value.
| 6 | | The court shall make findings as to whether, in violation | 7 | | of Section 8.2 of the Abused and Neglected Child Reporting Act, | 8 | | any portion of the service plan compels a child or parent to | 9 | | engage in any activity or refrain from any activity that is not | 10 | | reasonably related to remedying a condition or conditions that | 11 | | gave rise or which could give rise to any finding of child | 12 | | abuse or neglect. The services contained in the service plan | 13 | | shall include services reasonably related to remedy the | 14 | | conditions that gave rise to removal of the child from the home | 15 | | of his or her parents, guardian, or legal custodian or that the | 16 | | court has found must be remedied prior to returning the child | 17 | | home. Any tasks the court requires of the parents, guardian, or | 18 | | legal custodian or child prior to returning the child home, | 19 | | must be reasonably related to remedying a condition or | 20 | | conditions that gave rise to or which could give rise to any | 21 | | finding of child abuse or neglect. For children who are | 22 | | voluntarily placed, the services identified in the plan must be | 23 | | reasonably related to ensuring a safe return of the child to | 24 | | the home. | 25 | | If the permanency goal is to return home, the court shall | 26 | | make findings that identify any problems that are causing |
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| 1 | | continued placement of the children away from the home and | 2 | | identify what outcomes would be considered a resolution to | 3 | | these problems. The court shall explain to the parents that | 4 | | these findings are based on the information that the court has | 5 | | at that time and may be revised, should additional evidence be | 6 | | presented to the court. | 7 | | The court shall review the Sibling Contact Support Plan | 8 | | developed or modified under subsection (f) of Section 7.4 of | 9 | | the Children and Family Services Act, if applicable. If the | 10 | | Department has not convened a meeting to
develop or modify a | 11 | | Sibling Contact Support Plan, or if the court finds that the | 12 | | existing Plan
is not in the child's best interest, the court | 13 | | may enter an order requiring the Department to
develop, modify | 14 | | or implement a Sibling Contact Support Plan, or order | 15 | | mediation. | 16 | | If the goal has been achieved, the court shall enter orders | 17 | | that are
necessary to conform the minor's legal custody and | 18 | | status to those findings.
| 19 | | If, after receiving evidence, the court determines that the | 20 | | services
contained in the plan are not reasonably calculated to | 21 | | facilitate achievement
of the permanency goal, the court shall | 22 | | put in writing the factual basis
supporting the determination | 23 | | and enter specific findings based on the evidence.
The court | 24 | | also shall enter an order for the Department to develop and
| 25 | | implement a new service plan or to implement changes to the | 26 | | current service
plan consistent with the court's findings. The |
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| 1 | | new service plan shall be filed
with the court and served on | 2 | | all parties within 45 days of the date of the
order. The court | 3 | | shall continue the matter until the new service plan is
filed. | 4 | | Unless otherwise specifically authorized by law, the court is | 5 | | not
empowered under this subsection (2) or under subsection (3) | 6 | | to order specific
placements, specific services, or specific | 7 | | service providers to be included in
the plan.
| 8 | | A guardian or custodian appointed by the court pursuant to | 9 | | this Act or, in the case of a voluntary placement, the | 10 | | Department of Children and Family Services shall
file updated | 11 | | case plans with the court every 6 months.
| 12 | | Rights of wards of the court under this Act are enforceable | 13 | | against
any public agency by complaints for relief by mandamus | 14 | | filed in any
proceedings brought under this Act.
| 15 | | (3) Following the permanency hearing, the court shall enter | 16 | | a written order
that includes the determinations required under | 17 | | subsection (2) of this
Section and sets forth the following:
| 18 | | (a) The future status of the minor, including the | 19 | | permanency goal, and
any order necessary to conform the | 20 | | minor's legal custody and status to such
determination; or
| 21 | | (b) If the permanency goal of the minor cannot be | 22 | | achieved immediately,
the specific reasons for continuing | 23 | | the minor in the care of the Department of
Children and | 24 | | Family Services or other agency for short term placement, | 25 | | and the
following determinations:
| 26 | | (i) (Blank).
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| 1 | | (ii) Whether the services required by the court
and | 2 | | by any service plan prepared within the prior 6 months
| 3 | | have been provided and (A) if so, whether the services | 4 | | were reasonably
calculated to facilitate the | 5 | | achievement of the permanency goal or (B) if not
| 6 | | provided, why the services were not provided.
| 7 | | (iii) Whether the minor's placement is necessary, | 8 | | and appropriate to the
plan and goal, recognizing the | 9 | | right of minors to the least restrictive (most
| 10 | | family-like) setting available and in close proximity | 11 | | to the parents' home
consistent with the health, | 12 | | safety, best interest and special needs of the
minor | 13 | | and, if the minor is placed out-of-State, whether the | 14 | | out-of-State
placement continues to be appropriate and | 15 | | consistent with the health, safety,
and best interest | 16 | | of the minor.
| 17 | | (iv) (Blank).
| 18 | | (v) (Blank).
| 19 | | (4) The minor or any person interested in the minor may | 20 | | apply to the
court for a change in custody of the minor and the | 21 | | appointment of a new
custodian or guardian of the person or for | 22 | | the restoration of the minor
to the custody of his parents or | 23 | | former guardian or custodian.
| 24 | | When return home is not selected as the permanency goal:
| 25 | | (a) The Department, the minor, or the current
foster | 26 | | parent or relative
caregiver seeking private guardianship |
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| 1 | | may file a motion for private
guardianship of the minor. | 2 | | Appointment of a guardian under this Section
requires | 3 | | approval of the court.
| 4 | | (b) The State's Attorney may file a motion to terminate | 5 | | parental rights of
any parent who has failed to make | 6 | | reasonable efforts to correct the conditions
which led to | 7 | | the removal of the child or reasonable progress toward the | 8 | | return
of the child, as defined in subdivision (D)(m) of | 9 | | Section 1 of the Adoption Act
or for whom any other | 10 | | unfitness ground for terminating parental rights as
| 11 | | defined in subdivision (D) of Section 1 of the Adoption Act | 12 | | exists. | 13 | | When parental rights have been terminated for a minimum | 14 | | of 3 years and the child who is the subject of the | 15 | | permanency hearing is 13 years old or older and is not | 16 | | currently placed in a placement likely to achieve | 17 | | permanency, the Department of
Children and Family Services | 18 | | shall make reasonable efforts to locate parents whose | 19 | | rights have been terminated, except when the Court | 20 | | determines that those efforts would be futile or | 21 | | inconsistent with the subject child's best interests. The | 22 | | Department of
Children and Family Services shall assess the | 23 | | appropriateness of the parent whose rights have been | 24 | | terminated, and shall, as appropriate, foster and support | 25 | | connections between the parent whose rights have been | 26 | | terminated and the youth. The Department of
Children and |
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| 1 | | Family Services shall document its determinations and | 2 | | efforts to foster connections in the child's case plan.
| 3 | | Custody of the minor shall not be restored to any parent, | 4 | | guardian or legal
custodian in any case in which the minor is | 5 | | found to be neglected or abused
under Section 2-3 or dependent | 6 | | under Section 2-4 of this Act, unless the
minor can be cared | 7 | | for at home
without endangering his or her health or safety and | 8 | | it is in the best
interest of the minor,
and if such neglect, | 9 | | abuse, or dependency is found by the court
under paragraph (1) | 10 | | of Section 2-21 of this Act to have come
about due to the acts | 11 | | or omissions or both of such parent, guardian or legal
| 12 | | custodian, until such time as an investigation is made as | 13 | | provided in
paragraph (5) and a hearing is held on the issue of | 14 | | the health,
safety and
best interest of the minor and the | 15 | | fitness of such
parent, guardian or legal custodian to care for | 16 | | the minor and the court
enters an order that such parent, | 17 | | guardian or legal custodian is fit to
care for the minor. In | 18 | | the event that the minor has attained 18 years
of age and the | 19 | | guardian or custodian petitions the court for an order
| 20 | | terminating his guardianship or custody, guardianship or | 21 | | custody shall
terminate automatically 30 days after the receipt | 22 | | of the petition unless
the court orders otherwise. No legal | 23 | | custodian or guardian of the
person may be removed without his | 24 | | consent until given notice and an
opportunity to be heard by | 25 | | the court.
| 26 | | When the court orders a child restored to the custody of |
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| 1 | | the parent or
parents, the court shall order the parent or | 2 | | parents to cooperate with the
Department of Children and Family | 3 | | Services and comply with the terms of an
after-care plan, or | 4 | | risk the loss of custody of the child and possible
termination | 5 | | of their parental rights. The court may also enter an order of
| 6 | | protective supervision in accordance with Section 2-24.
| 7 | | (5) Whenever a parent, guardian, or legal custodian files a | 8 | | motion for
restoration of custody of the minor, and the minor | 9 | | was adjudicated
neglected, abused, or dependent as a result of | 10 | | physical abuse,
the court shall cause to be
made an | 11 | | investigation as to whether the movant has ever been charged
| 12 | | with or convicted of any criminal offense which would indicate | 13 | | the
likelihood of any further physical abuse to the minor. | 14 | | Evidence of such
criminal convictions shall be taken into | 15 | | account in determining whether the
minor can be cared for at | 16 | | home without endangering his or her health or safety
and | 17 | | fitness of the parent, guardian, or legal custodian.
| 18 | | (a) Any agency of this State or any subdivision thereof | 19 | | shall
co-operate with the agent of the court in providing | 20 | | any information
sought in the investigation.
| 21 | | (b) The information derived from the investigation and | 22 | | any
conclusions or recommendations derived from the | 23 | | information shall be
provided to the parent, guardian, or | 24 | | legal custodian seeking restoration
of custody prior to the | 25 | | hearing on fitness and the movant shall have
an opportunity | 26 | | at the hearing to refute the information or contest its
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| 1 | | significance.
| 2 | | (c) All information obtained from any investigation | 3 | | shall be confidential
as provided in Section 5-150 of this | 4 | | Act.
| 5 | | (Source: P.A. 97-425, eff. 8-16-11; 97-1076, eff. 8-24-12; | 6 | | 98-756, eff. 7-16-14.)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.".
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