Full Text of SB0542 100th General Assembly
SB0542sam001 100TH GENERAL ASSEMBLY | Sen. Mattie Hunter Filed: 4/21/2017
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| 1 | | AMENDMENT TO SENATE BILL 542
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 542 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Juvenile Court Act of 1987 is amended by | 5 | | changing Section 2-28 as follows:
| 6 | | (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
| 7 | | Sec. 2-28. Court review.
| 8 | | (1) The court may require any legal custodian or guardian | 9 | | of the person
appointed under this Act to report periodically | 10 | | to the court or may cite
him into court and require him or his | 11 | | agency, to make a full and
accurate report of his or its doings | 12 | | in behalf of the minor. The
custodian or guardian, within 10 | 13 | | days after such citation, shall make
the report, either in | 14 | | writing verified by affidavit or orally under oath
in open | 15 | | court, or otherwise as the court directs. Upon the hearing of
| 16 | | the report the court may remove the custodian or guardian and |
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| 1 | | appoint
another in his stead or restore the minor to the | 2 | | custody of his parents
or former guardian or custodian. | 3 | | However, custody of the minor shall
not be restored to any | 4 | | parent, guardian or legal custodian in any case
in which the | 5 | | minor is found to be neglected or abused under Section 2-3 or
| 6 | | dependent under Section 2-4 of this
Act, unless the minor can | 7 | | be cared for at home without endangering the
minor's health or | 8 | | safety and it is in the best interests of the minor, and
if | 9 | | such neglect,
abuse, or dependency is found by the court under | 10 | | paragraph (1)
of Section 2-21 of
this Act to have come about | 11 | | due to the acts or omissions or both of such
parent, guardian
| 12 | | or legal custodian, until such time as an investigation is made | 13 | | as provided in
paragraph (5) and a hearing is held on the issue | 14 | | of the fitness of such parent,
guardian or legal custodian to | 15 | | care for the minor and the court enters an order
that such | 16 | | parent, guardian or legal custodian is fit to care for the | 17 | | minor.
| 18 | | (2) The first permanency hearing shall be
conducted by the | 19 | | judge. Subsequent permanency hearings may be
heard by a judge | 20 | | or by hearing officers appointed or approved by the court in
| 21 | | the manner set forth in Section 2-28.1 of this Act.
The initial | 22 | | hearing shall be held (a) within 12 months from the date
| 23 | | temporary
custody was taken, regardless of whether an | 24 | | adjudication or dispositional hearing has been completed | 25 | | within that time frame, (b) if the parental rights of both | 26 | | parents have been
terminated in accordance with the procedure |
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| 1 | | described in subsection (5) of
Section 2-21, within
30 days of | 2 | | the order for termination of parental rights and appointment of
| 3 | | a guardian with power to consent to adoption, or (c) in | 4 | | accordance with
subsection
(2) of Section 2-13.1. Subsequent | 5 | | permanency hearings
shall be held every 6 months
or more | 6 | | frequently if necessary in the court's determination following | 7 | | the
initial permanency hearing, in accordance with the | 8 | | standards set forth in this
Section, until the court determines | 9 | | that the plan and goal have been achieved.
Once the plan and | 10 | | goal have been achieved, if the minor remains in substitute
| 11 | | care, the case shall be reviewed at least every 6 months | 12 | | thereafter, subject to
the provisions of this Section, unless | 13 | | the minor is placed in the guardianship
of a suitable relative | 14 | | or other person and the court determines that further
| 15 | | monitoring by the court does not further the health, safety or | 16 | | best interest of
the child and that this is a stable permanent | 17 | | placement.
The permanency hearings must occur within the time | 18 | | frames set forth in this
subsection and may not be delayed in | 19 | | anticipation of a report from any source or due to the agency's | 20 | | failure to timely file its written report (this
written report | 21 | | means the one required under the next paragraph and does not
| 22 | | mean the service plan also referred to in that paragraph).
| 23 | | The public agency that is the custodian or guardian of the | 24 | | minor, or another
agency responsible for the minor's care, | 25 | | shall ensure that all parties to the
permanency hearings are | 26 | | provided a copy of the most recent
service plan prepared within |
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| 1 | | the prior 6 months
at least 14 days in advance of the hearing. | 2 | | If not contained in the plan, the
agency shall also include a | 3 | | report setting forth (i) any special
physical, psychological, | 4 | | educational, medical, emotional, or other needs of the
minor or | 5 | | his or her family that are relevant to a permanency or | 6 | | placement
determination and (ii) for any minor age 16 or over, | 7 | | a written description of
the programs and services that will | 8 | | enable the minor to prepare for independent
living. The | 9 | | agency's written report must detail what progress or lack of
| 10 | | progress the parent has made in correcting the conditions | 11 | | requiring the child
to be in care; whether the child can be | 12 | | returned home without jeopardizing the
child's health, safety, | 13 | | and welfare, and if not, what permanency goal is
recommended to | 14 | | be in the best interests of the child, and why the other
| 15 | | permanency goals are not appropriate. The caseworker must | 16 | | appear and testify
at the permanency hearing. If a permanency | 17 | | hearing has not previously been
scheduled by the court, the | 18 | | moving party shall move for the setting of a
permanency hearing | 19 | | and the entry of an order within the time frames set forth
in | 20 | | this subsection.
| 21 | | At the permanency hearing, the court shall determine the | 22 | | future status
of the child. The court shall set one of the | 23 | | following permanency goals:
| 24 | | (A) The minor will be returned home by a specific date | 25 | | within 5
months.
| 26 | | (B) The minor will be in short-term care with a
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| 1 | | continued goal to return home within a period not to exceed | 2 | | one
year, where the progress of the parent or parents is | 3 | | substantial giving
particular consideration to the age and | 4 | | individual needs of the minor.
| 5 | | (B-1) The minor will be in short-term care with a | 6 | | continued goal to return
home pending a status hearing. | 7 | | When the court finds that a parent has not made
reasonable | 8 | | efforts or reasonable progress to date, the court shall | 9 | | identify
what actions the parent and the Department must | 10 | | take in order to justify a
finding of reasonable efforts or | 11 | | reasonable progress and shall set a status
hearing to be | 12 | | held not earlier than 9 months from the date of | 13 | | adjudication nor
later than 11 months from the date of | 14 | | adjudication during which the parent's
progress will again | 15 | | be reviewed.
| 16 | | (C) The minor will be in substitute care pending court
| 17 | | determination on termination of parental rights.
| 18 | | (D) Adoption, provided that parental rights have been | 19 | | terminated or
relinquished.
| 20 | | (E) The guardianship of the minor will be transferred | 21 | | to an individual or
couple on a permanent basis provided | 22 | | that goals (A) through (D) have
been ruled out.
| 23 | | (F) The minor over age 15 will be in substitute care | 24 | | pending
independence.
| 25 | | (G) The minor will be in substitute care because he or | 26 | | she cannot be
provided for in a home environment due to |
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| 1 | | developmental
disabilities or mental illness or because he | 2 | | or she is a danger to self or
others, provided that goals | 3 | | (A) through (D) have been ruled out.
| 4 | | In selecting any permanency goal, the court shall indicate | 5 | | in writing the
reasons the goal was selected and why the | 6 | | preceding goals were ruled out.
Where the court has selected a | 7 | | permanency goal other than (A), (B), or (B-1),
the
Department | 8 | | of Children and Family Services shall not provide further
| 9 | | reunification services, but shall provide services
consistent | 10 | | with the goal
selected while concurrently providing services to | 11 | | enable reunification and to strengthen connections with | 12 | | family, fictive kin, and other responsible adults .
| 13 | | (H) Notwithstanding any other provision in this | 14 | | Section, the court may select the goal of continuing foster | 15 | | care as a permanency goal if: | 16 | | (1) The Department of Children and Family Services | 17 | | has custody and guardianship of the minor; | 18 | | (2) The court has ruled out all other permanency | 19 | | goals based on the child's best interest;
| 20 | | (3) The court has found compelling reasons, based | 21 | | on written documentation reviewed by the court, to | 22 | | place the minor in continuing foster care. Compelling | 23 | | reasons include:
| 24 | | (a) the child does not wish to be adopted or to | 25 | | be placed in the guardianship of his or her | 26 | | relative or foster care placement;
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| 1 | | (b) the child exhibits an extreme level of need | 2 | | such that the removal of the child from his or her | 3 | | placement would be detrimental to the child; or
| 4 | | (c) the child who is the subject of the | 5 | | permanency hearing has existing close and strong | 6 | | bonds with a sibling, and achievement of another | 7 | | permanency goal would substantially interfere with | 8 | | the subject child's sibling relationship, taking | 9 | | into consideration the nature and extent of the | 10 | | relationship, and whether ongoing contact is in | 11 | | the subject child's best interest, including | 12 | | long-term emotional interest, as compared with the | 13 | | legal and emotional benefit of permanence;
| 14 | | (4) The child has lived with the relative or foster | 15 | | parent for at least one year; and
| 16 | | (5) The relative or foster parent currently caring | 17 | | for the child is willing and capable of providing the | 18 | | child with a stable and permanent environment. | 19 | | The court shall set a
permanency
goal that is in the best | 20 | | interest of the child. In determining that goal, the court | 21 | | shall consult with the minor in an age-appropriate manner | 22 | | regarding the proposed permanency or transition plan for the | 23 | | minor. The court's determination
shall include the following | 24 | | factors:
| 25 | | (1) Age of the child.
| 26 | | (2) Options available for permanence, including both |
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| 1 | | out-of-State and in-State placement options.
| 2 | | (3) Current placement of the child and the intent of | 3 | | the family regarding
adoption.
| 4 | | (4) Emotional, physical, and mental status or | 5 | | condition of the child.
| 6 | | (5) Types of services previously offered and whether or | 7 | | not
the services were successful and, if not successful, | 8 | | the reasons the services
failed.
| 9 | | (6) Availability of services currently needed and | 10 | | whether the services
exist.
| 11 | | (7) Status of siblings of the minor.
| 12 | | The court shall consider (i) the permanency goal contained | 13 | | in the service
plan, (ii) the appropriateness of the
services | 14 | | contained in the plan and whether those services have been
| 15 | | provided, (iii) whether reasonable efforts have been made by | 16 | | all
the parties to the service plan to achieve the goal, and | 17 | | (iv) whether the plan
and goal have been achieved. All evidence
| 18 | | relevant to determining these questions, including oral and | 19 | | written reports,
may be admitted and may be relied on to the | 20 | | extent of their probative value.
| 21 | | The court shall make findings as to whether, in violation | 22 | | of Section 8.2 of the Abused and Neglected Child Reporting Act, | 23 | | any portion of the service plan compels a child or parent to | 24 | | engage in any activity or refrain from any activity that is not | 25 | | reasonably related to remedying a condition or conditions that | 26 | | gave rise or which could give rise to any finding of child |
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| 1 | | abuse or neglect. The services contained in the service plan | 2 | | shall include services reasonably related to remedy the | 3 | | conditions that gave rise to removal of the child from the home | 4 | | of his or her parents, guardian, or legal custodian or that the | 5 | | court has found must be remedied prior to returning the child | 6 | | home. Any tasks the court requires of the parents, guardian, or | 7 | | legal custodian or child prior to returning the child home, | 8 | | must be reasonably related to remedying a condition or | 9 | | conditions that gave rise to or which could give rise to any | 10 | | finding of child abuse or neglect. | 11 | | If the permanency goal is to return home, the court shall | 12 | | make findings that identify any problems that are causing | 13 | | continued placement of the children away from the home and | 14 | | identify what outcomes would be considered a resolution to | 15 | | these problems. The court shall explain to the parents that | 16 | | these findings are based on the information that the court has | 17 | | at that time and may be revised, should additional evidence be | 18 | | presented to the court. | 19 | | The court shall review the Sibling Contact Support Plan | 20 | | developed or modified under subsection (f) of Section 7.4 of | 21 | | the Children and Family Services Act, if applicable. If the | 22 | | Department has not convened a meeting to
develop or modify a | 23 | | Sibling Contact Support Plan, or if the court finds that the | 24 | | existing Plan
is not in the child's best interest, the court | 25 | | may enter an order requiring the Department to
develop, modify | 26 | | or implement a Sibling Contact Support Plan, or order |
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| 1 | | mediation. | 2 | | If the goal has been achieved, the court shall enter orders | 3 | | that are
necessary to conform the minor's legal custody and | 4 | | status to those findings.
| 5 | | If, after receiving evidence, the court determines that the | 6 | | services
contained in the plan are not reasonably calculated to | 7 | | facilitate achievement
of the permanency goal, the court shall | 8 | | put in writing the factual basis
supporting the determination | 9 | | and enter specific findings based on the evidence.
The court | 10 | | also shall enter an order for the Department to develop and
| 11 | | implement a new service plan or to implement changes to the | 12 | | current service
plan consistent with the court's findings. The | 13 | | new service plan shall be filed
with the court and served on | 14 | | all parties within 45 days of the date of the
order. The court | 15 | | shall continue the matter until the new service plan is
filed. | 16 | | Unless otherwise specifically authorized by law, the court is | 17 | | not
empowered under this subsection (2) or under subsection (3) | 18 | | to order specific
placements, specific services, or specific | 19 | | service providers to be included in
the plan.
| 20 | | A guardian or custodian appointed by the court pursuant to | 21 | | this Act shall
file updated case plans with the court every 6 | 22 | | months.
| 23 | | Rights of wards of the court under this Act are enforceable | 24 | | against
any public agency by complaints for relief by mandamus | 25 | | filed in any
proceedings brought under this Act.
| 26 | | (3) Following the permanency hearing, the court shall enter |
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| 1 | | a written order
that includes the determinations required under | 2 | | subsection (2) of this
Section and sets forth the following:
| 3 | | (a) The future status of the minor, including the | 4 | | permanency goal, and
any order necessary to conform the | 5 | | minor's legal custody and status to such
determination; or
| 6 | | (b) If the permanency goal of the minor cannot be | 7 | | achieved immediately,
the specific reasons for continuing | 8 | | the minor in the care of the Department of
Children and | 9 | | Family Services or other agency for short term placement, | 10 | | and the
following determinations:
| 11 | | (i) (Blank).
| 12 | | (ii) Whether the services required by the court
and | 13 | | by any service plan prepared within the prior 6 months
| 14 | | have been provided and (A) if so, whether the services | 15 | | were reasonably
calculated to facilitate the | 16 | | achievement of the permanency goal or (B) if not
| 17 | | provided, why the services were not provided.
| 18 | | (iii) Whether the minor's placement is necessary, | 19 | | and appropriate to the
plan and goal, recognizing the | 20 | | right of minors to the least restrictive (most
| 21 | | family-like) setting available and in close proximity | 22 | | to the parents' home
consistent with the health, | 23 | | safety, best interest and special needs of the
minor | 24 | | and, if the minor is placed out-of-State, whether the | 25 | | out-of-State
placement continues to be appropriate and | 26 | | consistent with the health, safety,
and best interest |
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| 1 | | of the minor.
| 2 | | (iv) (Blank).
| 3 | | (v) (Blank).
| 4 | | (4) The minor or any person interested in the minor may | 5 | | apply to the
court for a change in custody of the minor and the | 6 | | appointment of a new
custodian or guardian of the person or for | 7 | | the restoration of the minor
to the custody of his parents or | 8 | | former guardian or custodian.
| 9 | | When return home is not selected as the permanency goal:
| 10 | | (a) The Department, the minor, or the current
foster | 11 | | parent or relative
caregiver seeking private guardianship | 12 | | may file a motion for private
guardianship of the minor. | 13 | | Appointment of a guardian under this Section
requires | 14 | | approval of the court.
| 15 | | (b) The State's Attorney may file a motion to terminate | 16 | | parental rights of
any parent who has failed to make | 17 | | reasonable efforts to correct the conditions
which led to | 18 | | the removal of the child or reasonable progress toward the | 19 | | return
of the child, as defined in subdivision (D)(m) of | 20 | | Section 1 of the Adoption Act
or for whom any other | 21 | | unfitness ground for terminating parental rights as
| 22 | | defined in subdivision (D) of Section 1 of the Adoption Act | 23 | | exists. | 24 | | When parental rights have been terminated for a minimum | 25 | | of 3 years and the child who is the subject of the | 26 | | permanency hearing is 13 years old or older and is not |
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| 1 | | currently placed in a placement likely to achieve | 2 | | permanency, the Department of
Children and Family Services | 3 | | shall make reasonable efforts to locate parents whose | 4 | | rights have been terminated, except when the Court | 5 | | determines that those efforts would be futile or | 6 | | inconsistent with the subject child's best interests. The | 7 | | Department of
Children and Family Services shall assess the | 8 | | appropriateness of the parent whose rights have been | 9 | | terminated, and shall, as appropriate, foster and support | 10 | | connections between the parent whose rights have been | 11 | | terminated and the youth. The Department of
Children and | 12 | | Family Services shall document its determinations and | 13 | | efforts to foster connections in the child's case plan.
| 14 | | Custody of the minor shall not be restored to any parent, | 15 | | guardian or legal
custodian in any case in which the minor is | 16 | | found to be neglected or abused
under Section 2-3 or dependent | 17 | | under Section 2-4 of this Act, unless the
minor can be cared | 18 | | for at home
without endangering his or her health or safety and | 19 | | it is in the best
interest of the minor,
and if such neglect, | 20 | | abuse, or dependency is found by the court
under paragraph (1) | 21 | | of Section 2-21 of this Act to have come
about due to the acts | 22 | | or omissions or both of such parent, guardian or legal
| 23 | | custodian, until such time as an investigation is made as | 24 | | provided in
paragraph (5) and a hearing is held on the issue of | 25 | | the health,
safety and
best interest of the minor and the | 26 | | fitness of such
parent, guardian or legal custodian to care for |
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| 1 | | the minor and the court
enters an order that such parent, | 2 | | guardian or legal custodian is fit to
care for the minor. In | 3 | | the event that the minor has attained 18 years
of age and the | 4 | | guardian or custodian petitions the court for an order
| 5 | | terminating his guardianship or custody, guardianship or | 6 | | custody shall
terminate automatically 30 days after the receipt | 7 | | of the petition unless
the court orders otherwise. No legal | 8 | | custodian or guardian of the
person may be removed without his | 9 | | consent until given notice and an
opportunity to be heard by | 10 | | the court.
| 11 | | When the court orders a child restored to the custody of | 12 | | the parent or
parents, the court shall order the parent or | 13 | | parents to cooperate with the
Department of Children and Family | 14 | | Services and comply with the terms of an
after-care plan, or | 15 | | risk the loss of custody of the child and possible
termination | 16 | | of their parental rights. The court may also enter an order of
| 17 | | protective supervision in accordance with Section 2-24.
| 18 | | (5) Whenever a parent, guardian, or legal custodian files a | 19 | | motion for
restoration of custody of the minor, and the minor | 20 | | was adjudicated
neglected, abused, or dependent as a result of | 21 | | physical abuse,
the court shall cause to be
made an | 22 | | investigation as to whether the movant has ever been charged
| 23 | | with or convicted of any criminal offense which would indicate | 24 | | the
likelihood of any further physical abuse to the minor. | 25 | | Evidence of such
criminal convictions shall be taken into | 26 | | account in determining whether the
minor can be cared for at |
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| 1 | | home without endangering his or her health or safety
and | 2 | | fitness of the parent, guardian, or legal custodian.
| 3 | | (a) Any agency of this State or any subdivision thereof | 4 | | shall
co-operate with the agent of the court in providing | 5 | | any information
sought in the investigation.
| 6 | | (b) The information derived from the investigation and | 7 | | any
conclusions or recommendations derived from the | 8 | | information shall be
provided to the parent, guardian, or | 9 | | legal custodian seeking restoration
of custody prior to the | 10 | | hearing on fitness and the movant shall have
an opportunity | 11 | | at the hearing to refute the information or contest its
| 12 | | significance.
| 13 | | (c) All information obtained from any investigation | 14 | | shall be confidential
as provided in Section 5-150 of this | 15 | | Act.
| 16 | | (Source: P.A. 97-425, eff. 8-16-11; 97-1076, eff. 8-24-12; | 17 | | 98-756, eff. 7-16-14.)".
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