Full Text of SB1116 101st General Assembly
SB1116sam001 101ST GENERAL ASSEMBLY | Sen. Laura Fine Filed: 2/20/2019
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| 1 | | AMENDMENT TO SENATE BILL 1116
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1116 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Children and Family Services Act is amended | 5 | | by changing Section 5 as follows:
| 6 | | (20 ILCS 505/5) (from Ch. 23, par. 5005)
| 7 | | Sec. 5. Direct child welfare services; Department of | 8 | | Children and Family
Services. To provide direct child welfare | 9 | | services when not available
through other public or private | 10 | | child care or program facilities.
| 11 | | (a) For purposes of this Section:
| 12 | | (1) "Children" means persons found within the State who | 13 | | are under the
age of 18 years. The term also includes | 14 | | persons under age 21 who:
| 15 | | (A) were committed to the Department pursuant to | 16 | | the
Juvenile Court Act or the Juvenile Court Act of |
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| 1 | | 1987, as amended, prior to
the age of 18 and who | 2 | | continue under the jurisdiction of the court; or
| 3 | | (B) were accepted for care, service and training by
| 4 | | the Department prior to the age of 18 and whose best | 5 | | interest in the
discretion of the Department would be | 6 | | served by continuing that care,
service and training | 7 | | because of severe emotional disturbances, physical
| 8 | | disability, social adjustment or any combination | 9 | | thereof, or because of the
need to complete an | 10 | | educational or vocational training program.
| 11 | | (2) "Homeless youth" means persons found within the
| 12 | | State who are under the age of 19, are not in a safe and | 13 | | stable living
situation and cannot be reunited with their | 14 | | families.
| 15 | | (3) "Child welfare services" means public social | 16 | | services which are
directed toward the accomplishment of | 17 | | the following purposes:
| 18 | | (A) protecting and promoting the health, safety | 19 | | and welfare of
children,
including homeless, dependent | 20 | | or neglected children;
| 21 | | (B) remedying, or assisting in the solution
of | 22 | | problems which may result in, the neglect, abuse, | 23 | | exploitation or
delinquency of children;
| 24 | | (C) preventing the unnecessary separation of | 25 | | children
from their families by identifying family | 26 | | problems, assisting families in
resolving their |
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| 1 | | problems, and preventing the breakup of the family
| 2 | | where the prevention of child removal is desirable and | 3 | | possible when the
child can be cared for at home | 4 | | without endangering the child's health and
safety;
| 5 | | (D) restoring to their families children who have | 6 | | been
removed, by the provision of services to the child | 7 | | and the families when the
child can be cared for at | 8 | | home without endangering the child's health and
| 9 | | safety;
| 10 | | (E) placing children in suitable adoptive homes, | 11 | | in
cases where restoration to the biological family is | 12 | | not safe, possible or
appropriate;
| 13 | | (F) assuring safe and adequate care of children | 14 | | away from their
homes, in cases where the child cannot | 15 | | be returned home or cannot be placed
for adoption. At | 16 | | the time of placement, the Department shall consider
| 17 | | concurrent planning,
as described in subsection (l-1) | 18 | | of this Section so that permanency may
occur at the | 19 | | earliest opportunity. Consideration should be given so | 20 | | that if
reunification fails or is delayed, the | 21 | | placement made is the best available
placement to | 22 | | provide permanency for the child;
| 23 | | (G) (blank);
| 24 | | (H) (blank); and
| 25 | | (I) placing and maintaining children in facilities | 26 | | that provide
separate living quarters for children |
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| 1 | | under the age of 18 and for children
18 years of age | 2 | | and older, unless a child 18 years of age is in the | 3 | | last
year of high school education or vocational | 4 | | training, in an approved
individual or group treatment | 5 | | program, in a licensed shelter facility,
or secure | 6 | | child care facility.
The Department is not required to | 7 | | place or maintain children:
| 8 | | (i) who are in a foster home, or
| 9 | | (ii) who are persons with a developmental | 10 | | disability, as defined in
the Mental
Health and | 11 | | Developmental Disabilities Code, or
| 12 | | (iii) who are female children who are | 13 | | pregnant, pregnant and
parenting or parenting, or
| 14 | | (iv) who are siblings, in facilities that | 15 | | provide separate living quarters for children 18
| 16 | | years of age and older and for children under 18 | 17 | | years of age.
| 18 | | (b) Nothing in this Section shall be construed to authorize | 19 | | the
expenditure of public funds for the purpose of performing | 20 | | abortions.
| 21 | | (c) The Department shall establish and maintain | 22 | | tax-supported child
welfare services and extend and seek to | 23 | | improve voluntary services
throughout the State, to the end | 24 | | that services and care shall be available
on an equal basis | 25 | | throughout the State to children requiring such services.
| 26 | | (d) The Director may authorize advance disbursements for |
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| 1 | | any new program
initiative to any agency contracting with the | 2 | | Department. As a
prerequisite for an advance disbursement, the | 3 | | contractor must post a
surety bond in the amount of the advance | 4 | | disbursement and have a
purchase of service contract approved | 5 | | by the Department. The Department
may pay up to 2 months | 6 | | operational expenses in advance. The amount of the
advance | 7 | | disbursement shall be prorated over the life of the contract
or | 8 | | the remaining months of the fiscal year, whichever is less, and | 9 | | the
installment amount shall then be deducted from future | 10 | | bills. Advance
disbursement authorizations for new initiatives | 11 | | shall not be made to any
agency after that agency has operated | 12 | | during 2 consecutive fiscal years.
The requirements of this | 13 | | Section concerning advance disbursements shall
not apply with | 14 | | respect to the following: payments to local public agencies
for | 15 | | child day care services as authorized by Section 5a of this | 16 | | Act; and
youth service programs receiving grant funds under | 17 | | Section 17a-4.
| 18 | | (e) (Blank).
| 19 | | (f) (Blank).
| 20 | | (g) The Department shall establish rules and regulations | 21 | | concerning
its operation of programs designed to meet the goals | 22 | | of child safety and
protection,
family preservation, family | 23 | | reunification, and adoption, including but not
limited to:
| 24 | | (1) adoption;
| 25 | | (2) foster care;
| 26 | | (3) family counseling;
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| 1 | | (4) protective services;
| 2 | | (5) (blank);
| 3 | | (6) homemaker service;
| 4 | | (7) return of runaway children;
| 5 | | (8) (blank);
| 6 | | (9) placement under Section 5-7 of the Juvenile Court | 7 | | Act or
Section 2-27, 3-28, 4-25 , or 5-740 of the Juvenile | 8 | | Court Act of 1987 in
accordance with the federal Adoption | 9 | | Assistance and Child Welfare Act of
1980; and
| 10 | | (10) interstate services.
| 11 | | Rules and regulations established by the Department shall | 12 | | include
provisions for training Department staff and the staff | 13 | | of Department
grantees, through contracts with other agencies | 14 | | or resources, in screening techniques to identify substance use | 15 | | disorders, as defined in the Substance Use Disorder Act, | 16 | | approved by the Department of Human
Services, as a successor to | 17 | | the Department of Alcoholism and Substance Abuse,
for the | 18 | | purpose of identifying children and adults who
should be | 19 | | referred for an assessment at an organization appropriately | 20 | | licensed by the Department of Human Services for substance use | 21 | | disorder treatment.
| 22 | | (h) If the Department finds that there is no appropriate | 23 | | program or
facility within or available to the Department for a | 24 | | youth in care and that no
licensed private facility has an | 25 | | adequate and appropriate program or none
agrees to accept the | 26 | | youth in care, the Department shall create an appropriate
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| 1 | | individualized, program-oriented plan for such youth in care. | 2 | | The
plan may be developed within the Department or through | 3 | | purchase of services
by the Department to the extent that it is | 4 | | within its statutory authority
to do.
| 5 | | (i) Service programs shall be available throughout the | 6 | | State and shall
include but not be limited to the following | 7 | | services:
| 8 | | (1) case management;
| 9 | | (2) homemakers;
| 10 | | (3) counseling;
| 11 | | (4) parent education;
| 12 | | (5) day care; and
| 13 | | (6) emergency assistance and advocacy.
| 14 | | In addition, the following services may be made available | 15 | | to assess and
meet the needs of children and families:
| 16 | | (1) comprehensive family-based services;
| 17 | | (2) assessments;
| 18 | | (3) respite care; and
| 19 | | (4) in-home health services.
| 20 | | The Department shall provide transportation for any of the | 21 | | services it
makes available to children or families or for | 22 | | which it refers children
or families.
| 23 | | (j) The Department may provide categories of financial | 24 | | assistance and
education assistance grants, and shall
| 25 | | establish rules and regulations concerning the assistance and | 26 | | grants, to
persons who
adopt children with physical or mental |
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| 1 | | disabilities, children who are older, or other hard-to-place
| 2 | | children who (i) immediately prior to their adoption were youth | 3 | | in care or (ii) were determined eligible for financial | 4 | | assistance with respect to a
prior adoption and who become | 5 | | available for adoption because the
prior adoption has been | 6 | | dissolved and the parental rights of the adoptive
parents have | 7 | | been
terminated or because the child's adoptive parents have | 8 | | died.
The Department may continue to provide financial | 9 | | assistance and education assistance grants for a child who was | 10 | | determined eligible for financial assistance under this | 11 | | subsection (j) in the interim period beginning when the child's | 12 | | adoptive parents died and ending with the finalization of the | 13 | | new adoption of the child by another adoptive parent or | 14 | | parents. The Department may also provide categories of | 15 | | financial
assistance and education assistance grants, and
| 16 | | shall establish rules and regulations for the assistance and | 17 | | grants, to persons
appointed guardian of the person under | 18 | | Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, | 19 | | 4-25 , or 5-740 of the Juvenile Court Act of 1987
for children | 20 | | who were youth in care for 12 months immediately
prior to the | 21 | | appointment of the guardian.
| 22 | | The amount of assistance may vary, depending upon the needs | 23 | | of the child
and the adoptive parents,
as set forth in the | 24 | | annual
assistance agreement. Special purpose grants are | 25 | | allowed where the child
requires special service but such costs | 26 | | may not exceed the amounts
which similar services would cost |
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| 1 | | the Department if it were to provide or
secure them as guardian | 2 | | of the child.
| 3 | | Any financial assistance provided under this subsection is
| 4 | | inalienable by assignment, sale, execution, attachment, | 5 | | garnishment, or any
other remedy for recovery or collection of | 6 | | a judgment or debt.
| 7 | | (j-5) The Department shall not deny or delay the placement | 8 | | of a child for
adoption
if an approved family is available | 9 | | either outside of the Department region
handling the case,
or | 10 | | outside of the State of Illinois.
| 11 | | (k) The Department shall accept for care and training any | 12 | | child who has
been adjudicated neglected or abused, or | 13 | | dependent committed to it pursuant
to the Juvenile Court Act or | 14 | | the Juvenile Court Act of 1987.
| 15 | | (l) The Department shall
offer family preservation | 16 | | services, as defined in Section 8.2 of the Abused
and
Neglected | 17 | | Child
Reporting Act, to help families, including adoptive and | 18 | | extended families.
Family preservation
services shall be | 19 | | offered (i) to prevent the
placement
of children in
substitute | 20 | | care when the children can be cared for at home or in the | 21 | | custody of
the person
responsible for the children's welfare,
| 22 | | (ii) to
reunite children with their families, or (iii) to
| 23 | | maintain an adoptive placement. Family preservation services | 24 | | shall only be
offered when doing so will not endanger the | 25 | | children's health or safety. With
respect to children who are | 26 | | in substitute care pursuant to the Juvenile Court
Act of 1987, |
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| 1 | | family preservation services shall not be offered if a goal | 2 | | other
than those of subdivisions (A), (B), or (B-1) of | 3 | | subsection (2) of Section 2-28
of
that Act has been set, except | 4 | | that reunification services may be offered as provided in | 5 | | paragraph (F) of subsection (2) of Section 2-28 of that Act.
| 6 | | Nothing in this paragraph shall be construed to create a | 7 | | private right of
action or claim on the part of any individual | 8 | | or child welfare agency, except that when a child is the | 9 | | subject of an action under Article II of the Juvenile Court Act | 10 | | of 1987 and the child's service plan calls for services to | 11 | | facilitate achievement of the permanency goal, the court | 12 | | hearing the action under Article II of the Juvenile Court Act | 13 | | of 1987 may order the Department to provide the services set | 14 | | out in the plan, if those services are not provided with | 15 | | reasonable promptness and if those services are available.
| 16 | | The Department shall notify the child and his family of the
| 17 | | Department's
responsibility to offer and provide family | 18 | | preservation services as
identified in the service plan. The | 19 | | child and his family shall be eligible
for services as soon as | 20 | | the report is determined to be "indicated". The
Department may | 21 | | offer services to any child or family with respect to whom a
| 22 | | report of suspected child abuse or neglect has been filed, | 23 | | prior to
concluding its investigation under Section 7.12 of the | 24 | | Abused and Neglected
Child Reporting Act. However, the child's | 25 | | or family's willingness to
accept services shall not be | 26 | | considered in the investigation. The
Department may also |
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| 1 | | provide services to any child or family who is the
subject of | 2 | | any report of suspected child abuse or neglect or may refer | 3 | | such
child or family to services available from other agencies | 4 | | in the community,
even if the report is determined to be | 5 | | unfounded, if the conditions in the
child's or family's home | 6 | | are reasonably likely to subject the child or
family to future | 7 | | reports of suspected child abuse or neglect. Acceptance
of such | 8 | | services shall be voluntary. The Department may also provide | 9 | | services to any child or family after completion of a family | 10 | | assessment, as an alternative to an investigation, as provided | 11 | | under the "differential response program" provided for in | 12 | | subsection (a-5) of Section 7.4 of the Abused and Neglected | 13 | | Child Reporting Act.
| 14 | | The Department may, at its discretion except for those | 15 | | children also
adjudicated neglected or dependent, accept for | 16 | | care and training any child
who has been adjudicated addicted, | 17 | | as a truant minor in need of
supervision or as a minor | 18 | | requiring authoritative intervention, under the
Juvenile Court | 19 | | Act or the Juvenile Court Act of 1987, but no such child
shall | 20 | | be committed to the Department by any court without the | 21 | | approval of
the Department. On and after January 1, 2015 (the | 22 | | effective date of Public Act 98-803) and before January 1, | 23 | | 2017, a minor charged with a criminal offense under the | 24 | | Criminal
Code of 1961 or the Criminal Code of 2012 or | 25 | | adjudicated delinquent shall not be placed in the custody of or
| 26 | | committed to the Department by any court, except (i) a minor |
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| 1 | | less than 16 years
of age committed to the Department under | 2 | | Section 5-710 of the Juvenile Court
Act
of 1987, (ii) a minor | 3 | | for whom an independent basis of abuse, neglect, or dependency | 4 | | exists, which must be defined by departmental rule, or (iii) a | 5 | | minor for whom the court has granted a supplemental petition to | 6 | | reinstate wardship pursuant to subsection (2) of Section 2-33 | 7 | | of the Juvenile Court Act of 1987. On and after January 1, | 8 | | 2017, a minor charged with a criminal offense under the | 9 | | Criminal
Code of 1961 or the Criminal Code of 2012 or | 10 | | adjudicated delinquent shall not be placed in the custody of or
| 11 | | committed to the Department by any court, except (i) a minor | 12 | | less than 15 years
of age committed to the Department under | 13 | | Section 5-710 of the Juvenile Court
Act
of 1987, ii) a minor | 14 | | for whom an independent basis of abuse, neglect, or dependency | 15 | | exists, which must be defined by departmental rule, or (iii) a | 16 | | minor for whom the court has granted a supplemental petition to | 17 | | reinstate wardship pursuant to subsection (2) of Section 2-33 | 18 | | of the Juvenile Court Act of 1987. An independent basis exists | 19 | | when the allegations or adjudication of abuse, neglect, or | 20 | | dependency do not arise from the same facts, incident, or | 21 | | circumstances which give rise to a charge or adjudication of | 22 | | delinquency. The Department shall
assign a caseworker to attend | 23 | | any hearing involving a youth in
the care and custody of the | 24 | | Department who is placed on aftercare release, including | 25 | | hearings
involving sanctions for violation of aftercare | 26 | | release
conditions and aftercare release revocation hearings.
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| 1 | | As soon as is possible after August 7, 2009 (the effective | 2 | | date of Public Act 96-134), the Department shall develop and | 3 | | implement a special program of family preservation services to | 4 | | support intact, foster, and adoptive families who are | 5 | | experiencing extreme hardships due to the difficulty and stress | 6 | | of caring for a child who has been diagnosed with a pervasive | 7 | | developmental disorder if the Department determines that those | 8 | | services are necessary to ensure the health and safety of the | 9 | | child. The Department may offer services to any family whether | 10 | | or not a report has been filed under the Abused and Neglected | 11 | | Child Reporting Act. The Department may refer the child or | 12 | | family to services available from other agencies in the | 13 | | community if the conditions in the child's or family's home are | 14 | | reasonably likely to subject the child or family to future | 15 | | reports of suspected child abuse or neglect. Acceptance of | 16 | | these services shall be voluntary. The Department shall develop | 17 | | and implement a public information campaign to alert health and | 18 | | social service providers and the general public about these | 19 | | special family preservation services. The nature and scope of | 20 | | the services offered and the number of families served under | 21 | | the special program implemented under this paragraph shall be | 22 | | determined by the level of funding that the Department annually | 23 | | allocates for this purpose. The term "pervasive developmental | 24 | | disorder" under this paragraph means a neurological condition, | 25 | | including but not limited to, Asperger's Syndrome and autism, | 26 | | as defined in the most recent edition of the Diagnostic and |
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| 1 | | Statistical Manual of Mental Disorders of the American | 2 | | Psychiatric Association. | 3 | | (l-1) The legislature recognizes that the best interests of | 4 | | the child
require that
the child be placed in the most | 5 | | permanent living arrangement as soon as is
practically
| 6 | | possible. To achieve this goal, the legislature directs the | 7 | | Department of
Children and
Family Services to conduct | 8 | | concurrent planning so that permanency may occur at
the
| 9 | | earliest opportunity. Permanent living arrangements may | 10 | | include prevention of
placement of a child outside the home of | 11 | | the family when the child can be cared
for at
home without | 12 | | endangering the child's health or safety; reunification with | 13 | | the
family,
when safe and appropriate, if temporary placement | 14 | | is necessary; or movement of
the child
toward the most | 15 | | permanent living arrangement and permanent legal status.
| 16 | | When determining reasonable efforts to be made with respect | 17 | | to a child, as
described in this
subsection, and in making such | 18 | | reasonable efforts, the child's health and
safety shall be the
| 19 | | paramount concern.
| 20 | | When a child is placed in foster care, the Department shall | 21 | | ensure and
document that reasonable efforts were made to | 22 | | prevent or eliminate the need to
remove the child from the | 23 | | child's home. The Department must make
reasonable efforts to | 24 | | reunify the family when temporary placement of the child
occurs
| 25 | | unless otherwise required, pursuant to the Juvenile Court Act | 26 | | of 1987.
At any time after the dispositional hearing where the |
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| 1 | | Department believes
that further reunification services would | 2 | | be ineffective, it may request a
finding from the court that | 3 | | reasonable efforts are no longer appropriate. The
Department is | 4 | | not required to provide further reunification services after | 5 | | such
a
finding.
| 6 | | A decision to place a child in substitute care shall be | 7 | | made with
considerations of the child's health, safety, and | 8 | | best interests. At the
time of placement, consideration should | 9 | | also be given so that if reunification
fails or is delayed, the | 10 | | placement made is the best available placement to
provide | 11 | | permanency for the child.
| 12 | | The Department shall adopt rules addressing concurrent | 13 | | planning for
reunification and permanency. The Department | 14 | | shall consider the following
factors when determining | 15 | | appropriateness of concurrent planning:
| 16 | | (1) the likelihood of prompt reunification;
| 17 | | (2) the past history of the family;
| 18 | | (3) the barriers to reunification being addressed by | 19 | | the family;
| 20 | | (4) the level of cooperation of the family;
| 21 | | (5) the foster parents' willingness to work with the | 22 | | family to reunite;
| 23 | | (6) the willingness and ability of the foster family to | 24 | | provide an
adoptive
home or long-term placement;
| 25 | | (7) the age of the child;
| 26 | | (8) placement of siblings.
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| 1 | | (m) The Department may assume temporary custody of any | 2 | | child if:
| 3 | | (1) it has received a written consent to such temporary | 4 | | custody
signed by the parents of the child or by the parent | 5 | | having custody of the
child if the parents are not living | 6 | | together or by the guardian or
custodian of the child if | 7 | | the child is not in the custody of either
parent, or
| 8 | | (2) the child is found in the State and neither a | 9 | | parent,
guardian nor custodian of the child can be located.
| 10 | | If the child is found in his or her residence without a parent, | 11 | | guardian,
custodian or responsible caretaker, the Department | 12 | | may, instead of removing
the child and assuming temporary | 13 | | custody, place an authorized
representative of the Department | 14 | | in that residence until such time as a
parent, guardian or | 15 | | custodian enters the home and expresses a willingness
and | 16 | | apparent ability to ensure the child's health and safety and | 17 | | resume
permanent
charge of the child, or until a
relative | 18 | | enters the home and is willing and able to ensure the child's | 19 | | health
and
safety and assume charge of the
child until a | 20 | | parent, guardian or custodian enters the home and expresses
| 21 | | such willingness and ability to ensure the child's safety and | 22 | | resume
permanent charge. After a caretaker has remained in the | 23 | | home for a period not
to exceed 12 hours, the Department must | 24 | | follow those procedures outlined in
Section 2-9, 3-11, 4-8, or | 25 | | 5-415 of the Juvenile Court Act
of 1987.
| 26 | | The Department shall have the authority, responsibilities |
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| 1 | | and duties that
a legal custodian of the child would have | 2 | | pursuant to subsection (9) of
Section 1-3 of the Juvenile Court | 3 | | Act of 1987. Whenever a child is taken
into temporary custody | 4 | | pursuant to an investigation under the Abused and
Neglected | 5 | | Child Reporting Act, or pursuant to a referral and acceptance
| 6 | | under the Juvenile Court Act of 1987 of a minor in limited | 7 | | custody, the
Department, during the period of temporary custody | 8 | | and before the child
is brought before a judicial officer as | 9 | | required by Section 2-9, 3-11,
4-8, or 5-415 of the Juvenile | 10 | | Court Act of 1987, shall have
the authority, responsibilities | 11 | | and duties that a legal custodian of the child
would have under | 12 | | subsection (9) of Section 1-3 of the Juvenile Court Act of
| 13 | | 1987.
| 14 | | The Department shall ensure that any child taken into | 15 | | custody
is scheduled for an appointment for a medical | 16 | | examination.
| 17 | | A parent, guardian or custodian of a child in the temporary | 18 | | custody of the
Department who would have custody of the child | 19 | | if he were not in the
temporary custody of the Department may | 20 | | deliver to the Department a signed
request that the Department | 21 | | surrender the temporary custody of the child.
The Department | 22 | | may retain temporary custody of the child for 10 days after
the | 23 | | receipt of the request, during which period the Department may | 24 | | cause to
be filed a petition pursuant to the Juvenile Court Act | 25 | | of 1987. If a
petition is so filed, the Department shall retain | 26 | | temporary custody of the
child until the court orders |
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| 1 | | otherwise. If a petition is not filed within
the 10-day period, | 2 | | the child shall be surrendered to the custody of the
requesting | 3 | | parent, guardian or custodian not later than the expiration of
| 4 | | the 10-day period, at which time the authority and duties of | 5 | | the Department
with respect to the temporary custody of the | 6 | | child shall terminate.
| 7 | | (m-1) The Department may place children under 18 years of | 8 | | age in a secure
child care facility licensed by the Department | 9 | | that cares for children who are
in need of secure living | 10 | | arrangements for their health, safety, and well-being
after a | 11 | | determination is made by the facility director and the Director | 12 | | or the
Director's designate prior to admission to the facility | 13 | | subject to Section
2-27.1 of the Juvenile Court Act of 1987. | 14 | | This subsection (m-1) does not apply
to a child who is subject | 15 | | to placement in a correctional facility operated
pursuant to | 16 | | Section 3-15-2 of the Unified Code of Corrections, unless the
| 17 | | child is a youth in care who was placed in the care of the | 18 | | Department before being
subject to placement in a correctional | 19 | | facility and a court of competent
jurisdiction has ordered | 20 | | placement of the child in a secure care facility.
| 21 | | (n) The Department may place children under 18 years of age | 22 | | in
licensed child care facilities when in the opinion of the | 23 | | Department,
appropriate services aimed at family preservation | 24 | | have been unsuccessful and
cannot ensure the child's health and | 25 | | safety or are unavailable and such
placement would be for their | 26 | | best interest. Payment
for board, clothing, care, training and |
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| 1 | | supervision of any child placed in
a licensed child care | 2 | | facility may be made by the Department, by the
parents or | 3 | | guardians of the estates of those children, or by both the
| 4 | | Department and the parents or guardians, except that no | 5 | | payments shall be
made by the Department for any child placed | 6 | | in a licensed child care
facility for board, clothing, care, | 7 | | training and supervision of such a
child that exceed the | 8 | | average per capita cost of maintaining and of caring
for a | 9 | | child in institutions for dependent or neglected children | 10 | | operated by
the Department. However, such restriction on | 11 | | payments does not apply in
cases where children require | 12 | | specialized care and treatment for problems of
severe emotional | 13 | | disturbance, physical disability, social adjustment, or
any | 14 | | combination thereof and suitable facilities for the placement | 15 | | of such
children are not available at payment rates within the | 16 | | limitations set
forth in this Section. All reimbursements for | 17 | | services delivered shall be
absolutely inalienable by | 18 | | assignment, sale, attachment, garnishment or
otherwise.
| 19 | | (n-1) The Department shall provide or authorize child | 20 | | welfare services, aimed at assisting minors to achieve | 21 | | sustainable self-sufficiency as independent adults, for any | 22 | | minor eligible for the reinstatement of wardship pursuant to | 23 | | subsection (2) of Section 2-33 of the Juvenile Court Act of | 24 | | 1987, whether or not such reinstatement is sought or allowed, | 25 | | provided that the minor consents to such services and has not | 26 | | yet attained the age of 21. The Department shall have |
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| 1 | | responsibility for the development and delivery of services | 2 | | under this Section. An eligible youth may access services under | 3 | | this Section through the Department of Children and Family | 4 | | Services or by referral from the Department of Human Services. | 5 | | Youth participating in services under this Section shall | 6 | | cooperate with the assigned case manager in developing an | 7 | | agreement identifying the services to be provided and how the | 8 | | youth will increase skills to achieve self-sufficiency. A | 9 | | homeless shelter is not considered appropriate housing for any | 10 | | youth receiving child welfare services under this Section. The | 11 | | Department shall continue child welfare services under this | 12 | | Section to any eligible minor until the minor becomes 21 years | 13 | | of age, no longer consents to participate, or achieves | 14 | | self-sufficiency as identified in the minor's service plan. The | 15 | | Department of Children and Family Services shall create clear, | 16 | | readable notice of the rights of former foster youth to child | 17 | | welfare services under this Section and how such services may | 18 | | be obtained. The Department of Children and Family Services and | 19 | | the Department of Human Services shall disseminate this | 20 | | information statewide. The Department shall adopt regulations | 21 | | describing services intended to assist minors in achieving | 22 | | sustainable self-sufficiency as independent adults. | 23 | | (o) The Department shall establish an administrative | 24 | | review and appeal
process for children and families who request | 25 | | or receive child welfare
services from the Department. Youth in | 26 | | care who are placed by private child welfare agencies, and |
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| 1 | | foster families with whom
those youth are placed, shall be | 2 | | afforded the same procedural and appeal
rights as children and | 3 | | families in the case of placement by the Department,
including | 4 | | the right to an initial review of a private agency decision by
| 5 | | that agency. The Department shall ensure that any private child | 6 | | welfare
agency, which accepts youth in care for placement, | 7 | | affords those
rights to children and foster families. The | 8 | | Department shall accept for
administrative review and an appeal | 9 | | hearing a complaint made by (i) a child
or foster family | 10 | | concerning a decision following an initial review by a
private | 11 | | child welfare agency or (ii) a prospective adoptive parent who | 12 | | alleges
a violation of subsection (j-5) of this Section. An | 13 | | appeal of a decision
concerning a change in the placement of a | 14 | | child shall be conducted in an
expedited manner. A court | 15 | | determination that a current foster home placement is necessary | 16 | | and appropriate under Section 2-28 of the Juvenile Court Act of | 17 | | 1987 does not constitute a judicial determination on the merits | 18 | | of an administrative appeal, filed by a former foster parent, | 19 | | involving a change of placement decision.
| 20 | | (p) (Blank).
| 21 | | (q) The Department may receive and use, in their entirety, | 22 | | for the
benefit of children any gift, donation or bequest of | 23 | | money or other
property which is received on behalf of such | 24 | | children, or any financial
benefits to which such children are | 25 | | or may become entitled while under
the jurisdiction or care of | 26 | | the Department.
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| 1 | | The Department shall set up and administer no-cost, | 2 | | interest-bearing accounts in appropriate financial | 3 | | institutions
for children for whom the Department is legally | 4 | | responsible and who have been
determined eligible for Veterans' | 5 | | Benefits, Social Security benefits,
assistance allotments from | 6 | | the armed forces, court ordered payments, parental
voluntary | 7 | | payments, Supplemental Security Income, Railroad Retirement
| 8 | | payments, Black Lung benefits, or other miscellaneous | 9 | | payments. Interest
earned by each account shall be credited to | 10 | | the account, unless
disbursed in accordance with this | 11 | | subsection.
| 12 | | In disbursing funds from children's accounts, the | 13 | | Department
shall:
| 14 | | (1) Establish standards in accordance with State and | 15 | | federal laws for
disbursing money from children's | 16 | | accounts. In all
circumstances,
the Department's | 17 | | "Guardianship Administrator" or his or her designee must
| 18 | | approve disbursements from children's accounts. The | 19 | | Department
shall be responsible for keeping complete | 20 | | records of all disbursements for each account for any | 21 | | purpose.
| 22 | | (2) Calculate on a monthly basis the amounts paid from | 23 | | State funds for the
child's board and care, medical care | 24 | | not covered under Medicaid, and social
services; and | 25 | | utilize funds from the child's account, as
covered by | 26 | | regulation, to reimburse those costs. Monthly, |
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| 1 | | disbursements from
all children's accounts, up to 1/12 of | 2 | | $13,000,000, shall be
deposited by the Department into the | 3 | | General Revenue Fund and the balance over
1/12 of | 4 | | $13,000,000 into the DCFS Children's Services Fund.
| 5 | | (3) Maintain any balance remaining after reimbursing | 6 | | for the child's costs
of care, as specified in item (2). | 7 | | The balance shall accumulate in accordance
with relevant | 8 | | State and federal laws and shall be disbursed to the child | 9 | | or his
or her guardian, or to the issuing agency.
| 10 | | (r) The Department shall promulgate regulations | 11 | | encouraging all adoption
agencies to voluntarily forward to the | 12 | | Department or its agent names and
addresses of all persons who | 13 | | have applied for and have been approved for
adoption of a | 14 | | hard-to-place child or child with a disability and the names of | 15 | | such
children who have not been placed for adoption. A list of | 16 | | such names and
addresses shall be maintained by the Department | 17 | | or its agent, and coded
lists which maintain the | 18 | | confidentiality of the person seeking to adopt the
child and of | 19 | | the child shall be made available, without charge, to every
| 20 | | adoption agency in the State to assist the agencies in placing | 21 | | such
children for adoption. The Department may delegate to an | 22 | | agent its duty to
maintain and make available such lists. The | 23 | | Department shall ensure that
such agent maintains the | 24 | | confidentiality of the person seeking to adopt the
child and of | 25 | | the child.
| 26 | | (s) The Department of Children and Family Services may |
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| 1 | | establish and
implement a program to reimburse Department and | 2 | | private child welfare
agency foster parents licensed by the | 3 | | Department of Children and Family
Services for damages | 4 | | sustained by the foster parents as a result of the
malicious or | 5 | | negligent acts of foster children, as well as providing third
| 6 | | party coverage for such foster parents with regard to actions | 7 | | of foster
children to other individuals. Such coverage will be | 8 | | secondary to the
foster parent liability insurance policy, if | 9 | | applicable. The program shall
be funded through appropriations | 10 | | from the General Revenue Fund,
specifically designated for such | 11 | | purposes.
| 12 | | (t) The Department shall perform home studies and | 13 | | investigations and
shall exercise supervision over visitation | 14 | | as ordered by a court pursuant
to the Illinois Marriage and | 15 | | Dissolution of Marriage Act or the Adoption
Act only if:
| 16 | | (1) an order entered by an Illinois court specifically
| 17 | | directs the Department to perform such services; and
| 18 | | (2) the court has ordered one or both of the parties to
| 19 | | the proceeding to reimburse the Department for its | 20 | | reasonable costs for
providing such services in accordance | 21 | | with Department rules, or has
determined that neither party | 22 | | is financially able to pay.
| 23 | | The Department shall provide written notification to the | 24 | | court of the
specific arrangements for supervised visitation | 25 | | and projected monthly costs
within 60 days of the court order. | 26 | | The Department shall send to the court
information related to |
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| 1 | | the costs incurred except in cases where the court
has | 2 | | determined the parties are financially unable to pay. The court | 3 | | may
order additional periodic reports as appropriate.
| 4 | | (u) In addition to other information that must be provided, | 5 | | whenever the Department places a child with a prospective | 6 | | adoptive parent or parents or in a licensed foster home,
group | 7 | | home, child care institution, or in a relative home, the | 8 | | Department
shall provide to the prospective adoptive parent or | 9 | | parents or other caretaker:
| 10 | | (1) available detailed information concerning the | 11 | | child's educational
and health history, copies of | 12 | | immunization records (including insurance
and medical card | 13 | | information), a history of the child's previous | 14 | | placements,
if any, and reasons for placement changes | 15 | | excluding any information that
identifies or reveals the | 16 | | location of any previous caretaker;
| 17 | | (2) a copy of the child's portion of the client service | 18 | | plan, including
any visitation arrangement, and all | 19 | | amendments or revisions to it as
related to the child; and
| 20 | | (3) information containing details of the child's | 21 | | individualized
educational plan when the child is | 22 | | receiving special education services.
| 23 | | The caretaker shall be informed of any known social or | 24 | | behavioral
information (including, but not limited to, | 25 | | criminal background, fire
setting, perpetuation of
sexual | 26 | | abuse, destructive behavior, and substance abuse) necessary to |
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| 1 | | care
for and safeguard the children to be placed or currently | 2 | | in the home. The Department may prepare a written summary of | 3 | | the information required by this paragraph, which may be | 4 | | provided to the foster or prospective adoptive parent in | 5 | | advance of a placement. The foster or prospective adoptive | 6 | | parent may review the supporting documents in the child's file | 7 | | in the presence of casework staff. In the case of an emergency | 8 | | placement, casework staff shall at least provide known | 9 | | information verbally, if necessary, and must subsequently | 10 | | provide the information in writing as required by this | 11 | | subsection.
| 12 | | The information described in this subsection shall be | 13 | | provided in writing. In the case of emergency placements when | 14 | | time does not allow prior review, preparation, and collection | 15 | | of written information, the Department shall provide such | 16 | | information as it becomes available. Within 10 business days | 17 | | after placement, the Department shall obtain from the | 18 | | prospective adoptive parent or parents or other caretaker a | 19 | | signed verification of receipt of the information provided. | 20 | | Within 10 business days after placement, the Department shall | 21 | | provide to the child's guardian ad litem a copy of the | 22 | | information provided to the prospective adoptive parent or | 23 | | parents or other caretaker. The information provided to the | 24 | | prospective adoptive parent or parents or other caretaker shall | 25 | | be reviewed and approved regarding accuracy at the supervisory | 26 | | level.
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| 1 | | (u-5) Effective July 1, 1995, only foster care placements | 2 | | licensed as
foster family homes pursuant to the Child Care Act | 3 | | of 1969 shall be eligible to
receive foster care payments from | 4 | | the Department.
Relative caregivers who, as of July 1, 1995, | 5 | | were approved pursuant to approved
relative placement rules | 6 | | previously promulgated by the Department at 89 Ill.
Adm. Code | 7 | | 335 and had submitted an application for licensure as a foster | 8 | | family
home may continue to receive foster care payments only | 9 | | until the Department
determines that they may be licensed as a | 10 | | foster family home or that their
application for licensure is | 11 | | denied or until September 30, 1995, whichever
occurs first.
| 12 | | (v) The Department shall access criminal history record | 13 | | information
as defined in the Illinois Uniform Conviction | 14 | | Information Act and information
maintained in the adjudicatory | 15 | | and dispositional record system as defined in
Section 2605-355 | 16 | | of the
Department of State Police Law (20 ILCS 2605/2605-355)
| 17 | | if the Department determines the information is necessary to | 18 | | perform its duties
under the Abused and Neglected Child | 19 | | Reporting Act, the Child Care Act of 1969,
and the Children and | 20 | | Family Services Act. The Department shall provide for
| 21 | | interactive computerized communication and processing | 22 | | equipment that permits
direct on-line communication with the | 23 | | Department of State Police's central
criminal history data | 24 | | repository. The Department shall comply with all
certification | 25 | | requirements and provide certified operators who have been
| 26 | | trained by personnel from the Department of State Police. In |
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| 1 | | addition, one
Office of the Inspector General investigator | 2 | | shall have training in the use of
the criminal history | 3 | | information access system and have
access to the terminal. The | 4 | | Department of Children and Family Services and its
employees | 5 | | shall abide by rules and regulations established by the | 6 | | Department of
State Police relating to the access and | 7 | | dissemination of
this information.
| 8 | | (v-1) Prior to final approval for placement of a child, the | 9 | | Department shall conduct a criminal records background check of | 10 | | the prospective foster or adoptive parent, including | 11 | | fingerprint-based checks of national crime information | 12 | | databases. Final approval for placement shall not be granted if | 13 | | the record check reveals a felony conviction for child abuse or | 14 | | neglect, for spousal abuse, for a crime against children, or | 15 | | for a crime involving violence, including rape, sexual assault, | 16 | | or homicide, but not including other physical assault or | 17 | | battery, or if there is a felony conviction for physical | 18 | | assault, battery, or a drug-related offense committed within | 19 | | the past 5 years. | 20 | | (v-2) Prior to final approval for placement of a child, the | 21 | | Department shall check its child abuse and neglect registry for | 22 | | information concerning prospective foster and adoptive | 23 | | parents, and any adult living in the home. If any prospective | 24 | | foster or adoptive parent or other adult living in the home has | 25 | | resided in another state in the preceding 5 years, the | 26 | | Department shall request a check of that other state's child |
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| 1 | | abuse and neglect registry.
| 2 | | (w) Within 120 days of August 20, 1995 (the effective date | 3 | | of Public Act
89-392), the Department shall prepare and submit | 4 | | to the Governor and the
General Assembly, a written plan for | 5 | | the development of in-state licensed
secure child care | 6 | | facilities that care for children who are in need of secure
| 7 | | living
arrangements for their health, safety, and well-being. | 8 | | For purposes of this
subsection, secure care facility shall | 9 | | mean a facility that is designed and
operated to ensure that | 10 | | all entrances and exits from the facility, a building
or a | 11 | | distinct part of the building, are under the exclusive control | 12 | | of the
staff of the facility, whether or not the child has the | 13 | | freedom of movement
within the perimeter of the facility, | 14 | | building, or distinct part of the
building. The plan shall | 15 | | include descriptions of the types of facilities that
are needed | 16 | | in Illinois; the cost of developing these secure care | 17 | | facilities;
the estimated number of placements; the potential | 18 | | cost savings resulting from
the movement of children currently | 19 | | out-of-state who are projected to be
returned to Illinois; the | 20 | | necessary geographic distribution of these
facilities in | 21 | | Illinois; and a proposed timetable for development of such
| 22 | | facilities. | 23 | | (x) The Department shall conduct annual credit history | 24 | | checks to determine the financial history of children placed | 25 | | under its guardianship pursuant to the Juvenile Court Act of | 26 | | 1987. The Department shall conduct such credit checks starting |
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| 1 | | when a youth in care turns 12 years old and each year | 2 | | thereafter for the duration of the guardianship as terminated | 3 | | pursuant to the Juvenile Court Act of 1987. The Department | 4 | | shall determine if financial exploitation of the child's | 5 | | personal information has occurred. If financial exploitation | 6 | | appears to have taken place or is presently ongoing, the | 7 | | Department shall notify the proper law enforcement agency, the | 8 | | proper State's Attorney, or the Attorney General. | 9 | | (y) Beginning on July 22, 2010 (the effective date of | 10 | | Public Act 96-1189), a child with a disability who receives | 11 | | residential and educational services from the Department shall | 12 | | be eligible to receive transition services in accordance with | 13 | | Article 14 of the School Code from the age of 14.5 through age | 14 | | 21, inclusive, notwithstanding the child's residential | 15 | | services arrangement. For purposes of this subsection, "child | 16 | | with a disability" means a child with a disability as defined | 17 | | by the federal Individuals with Disabilities Education | 18 | | Improvement Act of 2004. | 19 | | (z) The Department shall access criminal history record | 20 | | information as defined as "background information" in this | 21 | | subsection and criminal history record information as defined | 22 | | in the Illinois Uniform Conviction Information Act for each | 23 | | Department employee or Department applicant. Each Department | 24 | | employee or Department applicant shall submit his or her | 25 | | fingerprints to the Department of State Police in the form and | 26 | | manner prescribed by the Department of State Police. These |
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| 1 | | fingerprints shall be checked against the fingerprint records | 2 | | now and hereafter filed in the Department of State Police and | 3 | | the Federal Bureau of Investigation criminal history records | 4 | | databases. The Department of State Police shall charge a fee | 5 | | for conducting the criminal history record check, which shall | 6 | | be deposited into the State Police Services Fund and shall not | 7 | | exceed the actual cost of the record check. The Department of | 8 | | State Police shall furnish, pursuant to positive | 9 | | identification, all Illinois conviction information to the | 10 | | Department of Children and Family Services. | 11 | | For purposes of this subsection: | 12 | | "Background information" means all of the following: | 13 | | (i) Upon the request of the Department of Children and | 14 | | Family Services, conviction information obtained from the | 15 | | Department of State Police as a result of a | 16 | | fingerprint-based criminal history records check of the | 17 | | Illinois criminal history records database and the Federal | 18 | | Bureau of Investigation criminal history records database | 19 | | concerning a Department employee or Department applicant. | 20 | | (ii) Information obtained by the Department of | 21 | | Children and Family Services after performing a check of | 22 | | the Department of State Police's Sex Offender Database, as | 23 | | authorized by Section 120 of the Sex Offender Community | 24 | | Notification Law, concerning a Department employee or | 25 | | Department applicant. | 26 | | (iii) Information obtained by the Department of |
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| 1 | | Children and Family Services after performing a check of | 2 | | the Child Abuse and Neglect Tracking System (CANTS) | 3 | | operated and maintained by the Department. | 4 | | "Department employee" means a full-time or temporary | 5 | | employee coded or certified within the State of Illinois | 6 | | Personnel System. | 7 | | "Department applicant" means an individual who has | 8 | | conditional Department full-time or part-time work, a | 9 | | contractor, an individual used to replace or supplement staff, | 10 | | an academic intern, a volunteer in Department offices or on | 11 | | Department contracts, a work-study student, an individual or | 12 | | entity licensed by the Department, or an unlicensed service | 13 | | provider who works as a condition of a contract or an agreement | 14 | | and whose work may bring the unlicensed service provider into | 15 | | contact with Department clients or client records. | 16 | | (Source: P.A. 99-143, eff. 7-27-15; 99-933, eff. 1-27-17; | 17 | | 100-159, eff. 8-18-17; 100-522, eff. 9-22-17; 100-759, eff. | 18 | | 1-1-19; 100-863, eff. 8-14-18; 100-978, eff. 8-19-18; revised | 19 | | 10-3-18.) | 20 | | Section 10. The Juvenile Court Act of 1987 is amended by | 21 | | changing Sections 2-3, 2-4, 2-23, 2-27, and 5-710 as follows: | 22 | | (705 ILCS 405/2-3) (from Ch. 37, par. 802-3) | 23 | | Sec. 2-3. Neglected or abused minor. | 24 | | (1) Those who are neglected include: |
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| 1 | | (a) any minor under 18 years of age or a minor 18 years | 2 | | of age or older for whom the court has made a finding of | 3 | | probable cause to believe the that minor is abused, | 4 | | neglected, or dependent under subsection (1) of Section | 5 | | 2-10 prior to the minor's 18th birthday who is not | 6 | | receiving
the proper or necessary support, education as
| 7 | | required by law, or medical or other remedial care | 8 | | recognized under
State law as necessary for a minor's | 9 | | well-being, or other care necessary
for his or her | 10 | | well-being, including adequate food, clothing and shelter,
| 11 | | or who is abandoned by his or her parent or parents or | 12 | | other person or persons responsible for
the minor's | 13 | | welfare, except that a minor shall not be considered | 14 | | neglected
for the sole reason that the minor's parent or | 15 | | parents or other person or persons responsible for the
| 16 | | minor's welfare have left the minor in the care of an adult | 17 | | relative for any
period of time, who the parent or parents | 18 | | or other person responsible for the minor's welfare know is | 19 | | both a mentally capable adult relative and physically | 20 | | capable adult relative, as defined by this Act; or | 21 | | (b) any minor under 18 years of age or a minor 18 years | 22 | | of age or older for whom the court has made a finding of | 23 | | probable cause to believe the that minor is abused, | 24 | | neglected, or dependent under subsection (1) of Section | 25 | | 2-10 prior to the minor's 18th birthday whose environment | 26 | | is injurious
to his or her welfare; or |
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| 1 | | (c) any newborn infant whose blood, urine, or meconium
| 2 | | contains any amount of a
controlled substance as defined in | 3 | | subsection (f) of Section 102 of the
Illinois Controlled | 4 | | Substances Act, as now or hereafter amended, or a
| 5 | | metabolite of a controlled substance, with the exception of | 6 | | controlled
substances or metabolites of such substances, | 7 | | the presence of which in the
newborn infant is the result | 8 | | of medical treatment administered to the
mother or the | 9 | | newborn infant; or | 10 | | (d) any minor under the age of 14 years whose parent or | 11 | | other person
responsible for the minor's welfare leaves the | 12 | | minor without
supervision for an unreasonable period of | 13 | | time without regard for the mental or
physical health, | 14 | | safety, or welfare of that minor; or | 15 | | (e) any minor who has been provided with interim crisis | 16 | | intervention
services under Section 3-5 of this Act and | 17 | | whose parent, guardian, or custodian
refuses to permit the | 18 | | minor to return home unless the minor is an immediate | 19 | | physical danger to himself, herself, or others living in | 20 | | the home.
| 21 | | Whether the minor was left without regard for the mental or | 22 | | physical health,
safety, or welfare of that minor or the period | 23 | | of time was unreasonable shall
be determined by considering the | 24 | | following factors, including but not limited
to: | 25 | | (1) the age of the minor; | 26 | | (2) the number of minors left at the location; |
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| 1 | | (3) special needs of the minor, including whether the | 2 | | minor is a person with a physical or mental disability, or | 3 | | otherwise in need of ongoing prescribed medical
treatment | 4 | | such as periodic doses of insulin or other medications; | 5 | | (4) the duration of time in which the minor was left | 6 | | without supervision; | 7 | | (5) the condition and location of the place where the | 8 | | minor was left
without supervision; | 9 | | (6) the time of day or night when the minor was left | 10 | | without supervision; | 11 | | (7) the weather conditions, including whether the | 12 | | minor was left in a
location with adequate protection from | 13 | | the natural elements such as adequate
heat or light; | 14 | | (8) the location of the parent or guardian at the time | 15 | | the minor was left
without supervision, the physical | 16 | | distance the minor was from the parent or
guardian at the | 17 | | time the minor was without supervision; | 18 | | (9) whether the minor's movement was restricted, or the | 19 | | minor was
otherwise locked within a room or other | 20 | | structure; | 21 | | (10) whether the minor was given a phone number of a | 22 | | person or location to
call in the event of an emergency and | 23 | | whether the minor was capable of making
an emergency call; | 24 | | (11) whether there was food and other provision left | 25 | | for the minor; | 26 | | (12) whether any of the conduct is attributable to |
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| 1 | | economic hardship or
illness and the parent, guardian or | 2 | | other person having physical custody or
control of the | 3 | | child made a good faith effort to provide for the health | 4 | | and
safety of the minor; | 5 | | (13) the age and physical and mental capabilities of | 6 | | the person or persons
who provided supervision for the | 7 | | minor; | 8 | | (14) whether the minor was left under the supervision | 9 | | of another person; | 10 | | (15) any other factor that would endanger the health | 11 | | and safety of that
particular minor. | 12 | | A minor shall not be considered neglected for the sole | 13 | | reason that the
minor has been relinquished in accordance with | 14 | | the Abandoned Newborn Infant
Protection Act. | 15 | | (2) Those who are abused include any minor under 18 years | 16 | | of age or a minor 18 years of age or older for whom the court | 17 | | has made a finding of probable cause to believe the that minor | 18 | | is abused, neglected, or dependent under subsection (1) of | 19 | | Section 2-10 prior to the minor's 18th birthday whose
parent or | 20 | | immediate family member, or any person responsible
for the | 21 | | minor's welfare, or any person who is in the same family or | 22 | | household
as the minor, or any individual residing in the same | 23 | | home as the minor, or
a paramour of the minor's parent: | 24 | | (i) inflicts, causes to be inflicted, or allows to be | 25 | | inflicted upon
such minor physical injury, by other than | 26 | | accidental means, which causes death,
disfigurement, |
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| 1 | | impairment of physical or emotional health, or loss or
| 2 | | impairment of any bodily function; | 3 | | (ii) creates a substantial risk of physical injury to | 4 | | such minor by
other than accidental means which would be | 5 | | likely to cause death,
disfigurement, impairment of | 6 | | emotional health, or loss or impairment of any
bodily | 7 | | function; | 8 | | (iii) commits or allows to be committed any sex offense | 9 | | against such
minor, as such sex offenses are defined in the | 10 | | Criminal Code of 1961 or the Criminal Code of 2012, or in | 11 | | the Wrongs to Children Act, and extending those definitions | 12 | | of sex offenses to include minors
under 18 years of age; | 13 | | (iv) commits or allows to be committed an act or acts | 14 | | of torture upon
such minor; | 15 | | (v) inflicts excessive corporal punishment; | 16 | | (vi) commits or allows to be committed the offense of | 17 | | involuntary servitude, involuntary sexual servitude of a | 18 | | minor, or trafficking in persons as defined in Section 10-9 | 19 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 20 | | upon such minor; or | 21 | | (vii) allows, encourages or requires a minor to commit | 22 | | any act of prostitution, as defined in the Criminal Code of | 23 | | 1961 or the Criminal Code of 2012, and extending those | 24 | | definitions to include minors under 18 years of age. | 25 | | A minor shall not be considered abused for the sole reason | 26 | | that the minor
has been relinquished in accordance with the |
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| 1 | | Abandoned Newborn Infant
Protection Act. | 2 | | (3) This Section does not apply to a minor who would be | 3 | | included
herein solely for the purpose of qualifying for | 4 | | financial assistance for
himself, his parents, guardian or | 5 | | custodian. | 6 | | (4) The changes made by this amendatory Act of the 101st | 7 | | General Assembly apply to a case that is pending on or after | 8 | | the effective date of this amendatory Act of the 101st General | 9 | | Assembly. | 10 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 11 | | (705 ILCS 405/2-4) (from Ch. 37, par. 802-4)
| 12 | | Sec. 2-4. Dependent minor.
| 13 | | (1) Those who are dependent include any minor under 18 | 14 | | years of age or a minor 18 years of age or older for whom the | 15 | | court has made a finding of probable cause to believe the that | 16 | | minor is abused, neglected, or dependent under subsection (1) | 17 | | of Section 2-10 prior to the minor's 18th birthday :
| 18 | | (a) who is without a parent, guardian or legal | 19 | | custodian;
| 20 | | (b) who is without proper care because of the physical | 21 | | or mental
disability of his parent, guardian or custodian;
| 22 | | (c) who is without proper medical or other remedial | 23 | | care recognized under
State law or other care necessary for | 24 | | his or her well being through no fault,
neglect or lack of | 25 | | concern by his parents, guardian or custodian, provided
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| 1 | | that no order may be made terminating parental rights, nor | 2 | | may a minor be
removed from the custody of his or her | 3 | | parents for longer than 6 months,
pursuant to an | 4 | | adjudication as a dependent minor under this subdivision | 5 | | (c),
unless it is found to be in his or her best interest | 6 | | by the court or the case
automatically closes as provided | 7 | | under Section 2-31 of this Act; or
| 8 | | (d) who has a parent, guardian or legal custodian who | 9 | | with good cause
wishes to be relieved of all residual | 10 | | parental rights and
responsibilities, guardianship or | 11 | | custody, and who desires the
appointment of a guardian of | 12 | | the person with power to consent to the
adoption of the | 13 | | minor under Section 2-29.
| 14 | | (2) This Section does not apply to a minor who would be | 15 | | included
herein solely for the purpose of qualifying for | 16 | | financial assistance for
himself, his parent or parents, | 17 | | guardian or custodian or to a minor solely because his
or her | 18 | | parent or parents or guardian has left the minor for any period | 19 | | of time in the care
of an adult relative, who the parent or | 20 | | parents or guardian know is both a mentally capable adult | 21 | | relative and physically capable adult relative, as defined by | 22 | | this Act.
| 23 | | (3) The changes made by this amendatory Act of the 101st | 24 | | General Assembly apply to a case that is pending on or after | 25 | | the effective date of this amendatory Act of the 101st General | 26 | | Assembly. |
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| 1 | | (Source: P.A. 96-168, eff. 8-10-09.)
| 2 | | (705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
| 3 | | Sec. 2-23. Kinds of dispositional orders.
| 4 | | (1) The following kinds of orders of disposition may be | 5 | | made in respect of
wards of the court:
| 6 | | (a) A minor under 18 years of age found to be neglected | 7 | | or abused under
Section 2-3 or dependent under Section 2-4 | 8 | | may be (1) continued in the
custody of his or her parents,
| 9 | | guardian or legal custodian; (2) placed in accordance with | 10 | | Section 2-27;
(3) restored to the custody of the parent, | 11 | | parents, guardian, or legal
custodian, provided the court | 12 | | shall order the parent, parents, guardian, or
legal | 13 | | custodian to cooperate with the Department of Children and | 14 | | Family
Services and comply with the terms of an after-care | 15 | | plan or risk the loss of
custody of the child and the | 16 | | possible termination of their parental rights;
or
(4) | 17 | | ordered partially or completely emancipated in accordance | 18 | | with
the provisions of the Emancipation of Minors Act.
| 19 | | However, in any case in which a minor is found by the | 20 | | court to be
neglected or abused under Section 2-3 of this | 21 | | Act, custody of the minor
shall not be restored to any | 22 | | parent, guardian or legal custodian whose acts
or omissions | 23 | | or both have been identified, pursuant to subsection (1) of
| 24 | | Section 2-21, as forming the basis for the court's finding | 25 | | of abuse or
neglect, until such time
as a
hearing is held |
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| 1 | | on the issue of the best interests of the minor and the | 2 | | fitness
of such parent, guardian or legal custodian to care | 3 | | for the minor without
endangering the minor's health or | 4 | | safety, and the court
enters an order that such parent, | 5 | | guardian or legal custodian is fit to care
for the minor.
| 6 | | (b) A minor under 18 years of age found to be dependent | 7 | | under
Section 2-4 may be (1) placed in accordance with | 8 | | Section 2-27 or (2)
ordered partially or completely | 9 | | emancipated in accordance with the
provisions of the | 10 | | Emancipation of Minors Act.
| 11 | | However, in any case in which a minor is found by the | 12 | | court to be
dependent under Section 2-4 of this Act, | 13 | | custody of the minor shall not be
restored to
any parent, | 14 | | guardian or legal custodian whose acts or omissions or both | 15 | | have
been identified, pursuant to subsection (1) of Section | 16 | | 2-21, as forming the
basis for the court's finding of | 17 | | dependency, until such
time as a hearing is
held on the | 18 | | issue of the fitness of such parent, guardian or legal
| 19 | | custodian to care for the minor without endangering the | 20 | | minor's health or
safety, and the court enters an order | 21 | | that such
parent, guardian or legal custodian is fit to | 22 | | care for the minor.
| 23 | | (b-1) A minor between the ages of 18 and 21 may be | 24 | | placed pursuant to Section 2-27 of this Act if (1) the | 25 | | court has granted a supplemental petition to reinstate | 26 | | wardship of the minor pursuant to subsection (2) of Section |
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| 1 | | 2-33, (2) the court has adjudicated the minor a ward of the | 2 | | court, permitted the minor to return home under an order of | 3 | | protection, and subsequently made a finding that it is in | 4 | | the minor's best interest to vacate the order of protection | 5 | | and commit the minor to the Department of Children and | 6 | | Family Services for care and service, or (3) the court | 7 | | returned the minor to the custody of the respondent under | 8 | | Section 2-4b of this Act without terminating the | 9 | | proceedings under Section 2-31 of this Act, and | 10 | | subsequently made a finding that it is in the minor's best | 11 | | interest to commit the minor to the Department of Children | 12 | | and Family Services for care and services. | 13 | | (c) When the court awards guardianship to the | 14 | | Department of Children and
Family Services, the court shall | 15 | | order the parents to cooperate with the
Department of | 16 | | Children and Family Services, comply with the terms of the
| 17 | | service plans, and correct the conditions that require the | 18 | | child to be in care,
or risk termination of their parental | 19 | | rights.
| 20 | | (2) Any order of disposition may provide for protective | 21 | | supervision
under Section 2-24 and may include an order of | 22 | | protection under Section 2-25.
| 23 | | Unless the order of disposition expressly so provides, it | 24 | | does
not operate to close proceedings on the pending petition, | 25 | | but is subject
to modification, not inconsistent with Section | 26 | | 2-28, until final closing and discharge of the proceedings |
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| 1 | | under
Section 2-31.
| 2 | | (3) The court also shall enter any other orders necessary | 3 | | to fulfill the
service plan, including, but not limited to, (i) | 4 | | orders requiring parties to
cooperate with services, (ii) | 5 | | restraining orders controlling the conduct of any
party likely | 6 | | to frustrate the achievement of the goal, and (iii) visiting
| 7 | | orders. When the child is placed separately from a sibling, the
| 8 | | court shall review the Sibling Contact Support Plan developed | 9 | | under subsection (f) of Section 7.4 of the Children and Family | 10 | | Services Act, if applicable. If the Department has not convened | 11 | | a meeting to develop a Sibling
Contact Support Plan, or if the | 12 | | court finds that the existing Plan is not in the child's best
| 13 | | interest, the court may enter an order requiring the Department | 14 | | to develop and implement
a Sibling Contact Support Plan under | 15 | | subsection (f) of Section 7.4 of the Children and Family | 16 | | Services Act or order mediation. Unless otherwise specifically | 17 | | authorized by law, the court is not
empowered under this | 18 | | subsection (3) to order specific placements, specific
| 19 | | services, or specific service
providers to be included in the | 20 | | plan. If, after receiving evidence, the court determines that | 21 | | the services contained in the plan are not reasonably | 22 | | calculated to facilitate achievement of the permanency goal, | 23 | | the court shall put in writing the factual basis supporting the | 24 | | determination and enter specific findings based on the | 25 | | evidence. The court also shall enter an order for the | 26 | | Department to develop and implement a new service plan or to |
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| 1 | | implement changes to the current service plan consistent with | 2 | | the court's findings. The new service plan shall be filed with | 3 | | the court and served on all parties within 45 days after the | 4 | | date of the order. The court shall continue the matter until | 5 | | the new service plan is filed. Except as authorized by | 6 | | subsection (3.5) of this Section or authorized by law, the | 7 | | court is not empowered under this Section to order specific | 8 | | placements, specific services, or specific service providers | 9 | | to be included in the service plan.
| 10 | | (3.5) If, after reviewing the evidence, including evidence | 11 | | from the Department, the court determines that the minor's | 12 | | current or planned placement is not necessary or appropriate to | 13 | | facilitate achievement of the permanency goal, the court shall | 14 | | put in writing the factual basis supporting its determination | 15 | | and enter specific findings based on the evidence. If the court | 16 | | finds that the minor's current or planned placement is not | 17 | | necessary or appropriate, the court may enter an order | 18 | | directing the Department to implement a recommendation by the | 19 | | minor's treating clinician or a clinician contracted by the | 20 | | Department to evaluate the minor or a recommendation made by | 21 | | the Department. If the Department places a minor in a placement | 22 | | under an order entered under this subsection (3.5), the | 23 | | Department has the authority to remove the minor from that | 24 | | placement when a change in circumstances necessitates the | 25 | | removal to protect the minor's health, safety, and best | 26 | | interest. If the Department determines removal is necessary, |
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| 1 | | the Department shall notify the parties of the planned | 2 | | placement change in writing no later than 10 days prior to the | 3 | | implementation of its determination unless remaining in the | 4 | | placement poses an imminent risk of harm to the minor, in which | 5 | | case the Department shall notify the parties of the placement | 6 | | change in writing immediately following the implementation of | 7 | | its decision. The Department shall notify others of the | 8 | | decision to change the minor's placement as required by | 9 | | Department rule. | 10 | | (4) In addition to any other order of disposition, the | 11 | | court may order
any minor adjudicated neglected with respect to | 12 | | his or her own injurious
behavior to make restitution, in | 13 | | monetary or non-monetary form, under the
terms and conditions | 14 | | of Section 5-5-6 of the Unified Code of Corrections,
except | 15 | | that the "presentence hearing" referred to therein shall be the
| 16 | | dispositional hearing for purposes of this Section. The parent, | 17 | | guardian
or legal custodian of the minor may pay some or all of | 18 | | such restitution on
the minor's behalf.
| 19 | | (5) Any order for disposition where the minor is committed | 20 | | or placed in
accordance with Section 2-27 shall provide for the | 21 | | parents or guardian of
the estate of such minor to pay to the | 22 | | legal custodian or guardian of the
person of the minor such | 23 | | sums as are determined by the custodian or guardian
of the | 24 | | person of the minor as necessary for the minor's needs. Such | 25 | | payments
may not exceed the maximum amounts provided for by | 26 | | Section 9.1 of the
Children and Family Services Act.
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| 1 | | (6) Whenever the order of disposition requires the minor to | 2 | | attend
school or participate in a program of training, the | 3 | | truant officer or
designated school official shall regularly | 4 | | report to the court if the minor
is a chronic or habitual | 5 | | truant under Section 26-2a of the School Code.
| 6 | | (7) The court may terminate the parental rights of a parent | 7 | | at the initial
dispositional hearing if all of the conditions | 8 | | in subsection (5) of Section
2-21 are met.
| 9 | | (Source: P.A. 100-45, eff. 8-11-17; 100-978, eff. 8-19-18.)
| 10 | | (705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
| 11 | | Sec. 2-27. Placement; legal custody or guardianship.
| 12 | | (1) If the court determines and puts in writing the factual | 13 | | basis supporting
the determination of whether the parents, | 14 | | guardian, or legal custodian of a
minor adjudged a ward of the | 15 | | court are unfit or are unable, for some reason
other than | 16 | | financial circumstances alone, to care for, protect, train or
| 17 | | discipline the minor or are unwilling to do so, and that the
| 18 | | health, safety, and best
interest of the minor will be | 19 | | jeopardized if the minor remains in the custody
of his or her | 20 | | parents, guardian or
custodian, the court may at this hearing | 21 | | and at any later point:
| 22 | | (a) place the minor in the custody of a suitable | 23 | | relative or other person
as
legal custodian or guardian;
| 24 | | (a-5) with the approval of the Department of Children | 25 | | and Family
Services, place the minor in the subsidized |
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| 1 | | guardianship of a suitable relative
or
other person as | 2 | | legal guardian; "subsidized guardianship" means a private
| 3 | | guardianship arrangement for children for whom the | 4 | | permanency goals of return
home and adoption have been | 5 | | ruled out and who meet the qualifications for
subsidized | 6 | | guardianship as defined by the Department of Children and | 7 | | Family
Services in administrative rules;
| 8 | | (b) place the minor under the guardianship of a | 9 | | probation officer;
| 10 | | (c) commit the minor to an agency for care or | 11 | | placement, except an
institution under the authority of the | 12 | | Department of Corrections or of
the Department of Children | 13 | | and Family Services;
| 14 | | (d) on and after the effective date of this amendatory | 15 | | Act of the 98th General Assembly and before January 1, | 16 | | 2017, commit the minor to the Department of Children and | 17 | | Family Services for
care and service; however, a minor | 18 | | charged with a criminal offense under the
Criminal Code of | 19 | | 1961 or the Criminal Code of 2012 or adjudicated delinquent | 20 | | shall not be placed in the
custody of or committed to the | 21 | | Department of Children and Family Services by
any court, | 22 | | except (i) a minor less than 16 years of age and committed | 23 | | to the
Department of Children and Family Services under | 24 | | Section 5-710 of this Act, (ii) a minor under the age of 18 | 25 | | for whom an independent basis of abuse, neglect, or | 26 | | dependency exists, or (iii) a minor for whom the court has |
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| 1 | | granted a supplemental petition to reinstate wardship | 2 | | pursuant to subsection (2) of Section 2-33 of this Act. On | 3 | | and after January 1, 2017, commit the minor to the | 4 | | Department of Children and Family Services for
care and | 5 | | service; however, a minor charged with a criminal offense | 6 | | under the
Criminal Code of 1961 or the Criminal Code of | 7 | | 2012 or adjudicated delinquent shall not be placed in the
| 8 | | custody of or committed to the Department of Children and | 9 | | Family Services by
any court, except (i) a minor less than | 10 | | 15 years of age and committed to the
Department of Children | 11 | | and Family Services under Section 5-710 of this Act, (ii) a | 12 | | minor under the age of 18 for whom an independent basis of | 13 | | abuse, neglect, or dependency exists, or (iii) a minor for | 14 | | whom the court has granted a supplemental petition to | 15 | | reinstate wardship pursuant to subsection (2) of Section | 16 | | 2-33 of this Act. An independent basis exists when the | 17 | | allegations or adjudication of abuse, neglect, or | 18 | | dependency do not arise from the same facts, incident, or | 19 | | circumstances which give rise to a charge or adjudication | 20 | | of delinquency. The
Department shall be given due notice of | 21 | | the pendency of the action and the
Guardianship | 22 | | Administrator of the Department of Children and Family | 23 | | Services
shall be appointed guardian of the person of the | 24 | | minor. Whenever the Department
seeks to discharge a minor | 25 | | from its care and service, the Guardianship
Administrator | 26 | | shall petition the court for an
order terminating |
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| 1 | | guardianship. The Guardianship Administrator may
designate | 2 | | one or more other officers of the Department, appointed as
| 3 | | Department officers by administrative order of the | 4 | | Department Director,
authorized to affix the signature of | 5 | | the Guardianship Administrator to
documents affecting the | 6 | | guardian-ward relationship of children for whom
he or she | 7 | | has been appointed guardian at such times as he or she is | 8 | | unable to
perform
the duties of his or her office. The | 9 | | signature authorization shall include but
not be limited to | 10 | | matters of consent of marriage, enlistment in the
armed | 11 | | forces, legal proceedings, adoption, major medical and | 12 | | surgical
treatment and application for driver's license. | 13 | | Signature authorizations
made pursuant to the provisions | 14 | | of this paragraph shall be filed with
the Secretary of | 15 | | State and the Secretary of State shall provide upon
payment | 16 | | of the customary fee, certified copies of the authorization | 17 | | to
any court or individual who requests a copy.
| 18 | | (1.5) In making a determination under this Section, the | 19 | | court shall also
consider
whether, based on health, safety, and | 20 | | the best interests of the minor,
| 21 | | (a) appropriate services aimed
at family preservation | 22 | | and family reunification have been unsuccessful in
| 23 | | rectifying the conditions that have led to a finding of | 24 | | unfitness or inability
to care for, protect, train, or | 25 | | discipline the minor, or
| 26 | | (b) no family preservation or family reunification
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| 1 | | services would be appropriate,
| 2 | | and if the petition or amended petition
contained an allegation | 3 | | that the
parent is an unfit
person as defined in subdivision | 4 | | (D) of Section 1 of the Adoption Act, and the
order of
| 5 | | adjudication
recites that parental unfitness was established | 6 | | by clear and convincing
evidence, the court
shall, when | 7 | | appropriate and in the best interest of the minor, enter an
| 8 | | order terminating parental rights and
appointing a guardian | 9 | | with
power to
consent to adoption in accordance with Section | 10 | | 2-29.
| 11 | | When making a placement, the court, wherever possible, | 12 | | shall
require the Department of Children and Family Services to | 13 | | select a person
holding the same religious belief as that of | 14 | | the minor or a private agency
controlled by persons of like | 15 | | religious faith of the minor and shall require
the Department | 16 | | to otherwise comply with Section 7 of the Children and Family
| 17 | | Services Act in placing the child. In addition, whenever | 18 | | alternative plans for
placement are available, the court shall | 19 | | ascertain and consider, to the extent
appropriate in the | 20 | | particular case, the views and preferences of the minor.
| 21 | | (2) When a minor is placed with a suitable relative or | 22 | | other
person pursuant to item (a) of subsection (1),
the court | 23 | | shall appoint him or her the legal custodian or guardian of the
| 24 | | person of the minor. When a minor is committed to any agency, | 25 | | the court
shall appoint the proper officer or representative | 26 | | thereof as legal
custodian or guardian of the person of the |
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| 1 | | minor. Legal custodians and
guardians of the person of the | 2 | | minor have the respective rights and duties set
forth in | 3 | | subsection (9) of Section 1-3 except as otherwise provided by | 4 | | order
of court; but no guardian of the person may consent to | 5 | | adoption of the
minor unless that authority is conferred upon | 6 | | him or her in accordance with
Section 2-29. An agency whose | 7 | | representative is appointed guardian of the
person or legal | 8 | | custodian of the minor may place the minor in any child care
| 9 | | facility, but the facility must be licensed under the Child | 10 | | Care Act of
1969 or have been approved by the Department of | 11 | | Children and Family Services
as meeting the standards | 12 | | established for such licensing. No agency may
place a minor | 13 | | adjudicated under Sections 2-3 or 2-4 in a child care facility
| 14 | | unless the placement is in compliance with the rules and | 15 | | regulations
for placement under this Section promulgated by the | 16 | | Department of Children
and Family Services under Section 5 of | 17 | | the Children and Family Services
Act. Like authority and | 18 | | restrictions shall be conferred by the court upon
any probation | 19 | | officer who has been appointed guardian of the person of a | 20 | | minor.
| 21 | | (3) No placement by any probation officer or agency whose | 22 | | representative
is appointed guardian of the person or legal | 23 | | custodian of a minor may be
made in any out of State child care | 24 | | facility unless it complies with the
Interstate Compact on the | 25 | | Placement of Children. Placement with a parent,
however, is not | 26 | | subject to that Interstate Compact.
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| 1 | | (4) The clerk of the court shall issue to the legal | 2 | | custodian or
guardian of the person a certified copy of the | 3 | | order of court, as proof
of his authority. No other process is | 4 | | necessary as authority for the
keeping of the minor.
| 5 | | (5) Custody or guardianship granted under this Section | 6 | | continues until
the court otherwise directs, but not after the | 7 | | minor reaches the age
of 19 years except as set forth in | 8 | | Section 2-31, or if the minor was previously committed to the | 9 | | Department of Children and Family Services for care and service | 10 | | and the court has granted a supplemental petition to reinstate | 11 | | wardship pursuant to subsection (2) of Section 2-33.
| 12 | | (6) (Blank).
| 13 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-803, eff. 1-1-15 .)
| 14 | | (705 ILCS 405/5-710)
| 15 | | Sec. 5-710. Kinds of sentencing orders.
| 16 | | (1) The following kinds of sentencing orders may be made in | 17 | | respect of
wards of the court:
| 18 | | (a) Except as provided in Sections 5-805, 5-810, and | 19 | | 5-815, a minor who is
found
guilty under Section 5-620 may | 20 | | be:
| 21 | | (i) put on probation or conditional discharge and | 22 | | released to his or her
parents, guardian or legal | 23 | | custodian, provided, however, that any such minor
who | 24 | | is not committed to the Department of Juvenile Justice | 25 | | under
this subsection and who is found to be a |
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| 1 | | delinquent for an offense which is
first degree murder, | 2 | | a Class X felony, or a forcible felony shall be placed | 3 | | on
probation;
| 4 | | (ii) placed in accordance with Section 5-740, with | 5 | | or without also being
put on probation or conditional | 6 | | discharge;
| 7 | | (iii) required to undergo a substance abuse | 8 | | assessment conducted by a
licensed provider and | 9 | | participate in the indicated clinical level of care;
| 10 | | (iv) on and after the effective date of this | 11 | | amendatory Act of the 98th General Assembly and before | 12 | | January 1, 2017, placed in the guardianship of the | 13 | | Department of Children and Family
Services, but only if | 14 | | the delinquent minor is under 16 years of age or, | 15 | | pursuant to Article II of this Act, a minor under the | 16 | | age of 18 for whom an independent basis of abuse, | 17 | | neglect, or dependency exists. On and after January 1, | 18 | | 2017, placed in the guardianship of the Department of | 19 | | Children and Family
Services, but only if the | 20 | | delinquent minor is under 15 years of age or, pursuant | 21 | | to Article II of this Act, a minor for whom an | 22 | | independent basis of abuse, neglect, or dependency | 23 | | exists. An independent basis exists when the | 24 | | allegations or adjudication of abuse, neglect, or | 25 | | dependency do not arise from the same facts, incident, | 26 | | or circumstances which give rise to a charge or |
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| 1 | | adjudication of delinquency;
| 2 | | (v) placed in detention for a period not to exceed | 3 | | 30 days, either as
the
exclusive order of disposition | 4 | | or, where appropriate, in conjunction with any
other | 5 | | order of disposition issued under this paragraph, | 6 | | provided that any such
detention shall be in a juvenile | 7 | | detention home and the minor so detained shall
be 10 | 8 | | years of age or older. However, the 30-day limitation | 9 | | may be extended by
further order of the court for a | 10 | | minor under age 15 committed to the Department
of | 11 | | Children and Family Services if the court finds that | 12 | | the minor is a danger
to himself or others. The minor | 13 | | shall be given credit on the sentencing order
of | 14 | | detention for time spent in detention under Sections | 15 | | 5-501, 5-601, 5-710, or
5-720 of this
Article as a | 16 | | result of the offense for which the sentencing order | 17 | | was imposed.
The court may grant credit on a sentencing | 18 | | order of detention entered under a
violation of | 19 | | probation or violation of conditional discharge under | 20 | | Section
5-720 of this Article for time spent in | 21 | | detention before the filing of the
petition
alleging | 22 | | the violation. A minor shall not be deprived of credit | 23 | | for time spent
in detention before the filing of a | 24 | | violation of probation or conditional
discharge | 25 | | alleging the same or related act or acts. The | 26 | | limitation that the minor shall only be placed in a |
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| 1 | | juvenile detention home does not apply as follows: | 2 | | Persons 18 years of age and older who have a | 3 | | petition of delinquency filed against them may be | 4 | | confined in an adult detention facility. In making a | 5 | | determination whether to confine a person 18 years of | 6 | | age or older who has a petition of delinquency filed | 7 | | against the person, these factors, among other | 8 | | matters, shall be considered: | 9 | | (A) the age of the person; | 10 | | (B) any previous delinquent or criminal | 11 | | history of the person; | 12 | | (C) any previous abuse or neglect history of | 13 | | the person; | 14 | | (D) any mental health history of the person; | 15 | | and | 16 | | (E) any educational history of the person;
| 17 | | (vi) ordered partially or completely emancipated | 18 | | in accordance with the
provisions of the Emancipation | 19 | | of Minors Act;
| 20 | | (vii) subject to having his or her driver's license | 21 | | or driving
privileges
suspended for such time as | 22 | | determined by the court but only until he or she
| 23 | | attains 18 years of age;
| 24 | | (viii) put on probation or conditional discharge | 25 | | and placed in detention
under Section 3-6039 of the | 26 | | Counties Code for a period not to exceed the period
of |
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| 1 | | incarceration permitted by law for adults found guilty | 2 | | of the same offense
or offenses for which the minor was | 3 | | adjudicated delinquent, and in any event no
longer than | 4 | | upon attainment of age 21; this subdivision (viii) | 5 | | notwithstanding
any contrary provision of the law;
| 6 | | (ix) ordered to undergo a medical or other | 7 | | procedure to have a tattoo
symbolizing allegiance to a | 8 | | street gang removed from his or her body; or | 9 | | (x) placed in electronic monitoring or home | 10 | | detention under Part 7A of this Article.
| 11 | | (b) A minor found to be guilty may be committed to the | 12 | | Department of
Juvenile Justice under Section 5-750 if the | 13 | | minor is at least 13 years and under 20 years of age,
| 14 | | provided that the commitment to the Department of Juvenile | 15 | | Justice shall be made only if the minor was found guilty of | 16 | | a felony offense or first degree murder. The court shall | 17 | | include in the sentencing order any pre-custody credits the | 18 | | minor is entitled to under Section 5-4.5-100 of the Unified | 19 | | Code of Corrections. The time during which a minor is in | 20 | | custody before being released
upon the request of a parent, | 21 | | guardian or legal custodian shall also be considered
as | 22 | | time spent in custody.
| 23 | | (c) When a minor is found to be guilty for an offense | 24 | | which is a violation
of the Illinois Controlled Substances | 25 | | Act, the Cannabis Control Act, or the Methamphetamine | 26 | | Control and Community Protection Act and made
a ward of the |
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| 1 | | court, the court may enter a disposition order requiring | 2 | | the
minor to undergo assessment,
counseling or treatment in | 3 | | a substance use disorder treatment program approved by the | 4 | | Department
of Human Services.
| 5 | | (2) Any sentencing order other than commitment to the | 6 | | Department of
Juvenile Justice may provide for protective | 7 | | supervision under
Section 5-725 and may include an order of | 8 | | protection under Section 5-730.
| 9 | | (3) Unless the sentencing order expressly so provides, it | 10 | | does not operate
to close proceedings on the pending petition, | 11 | | but is subject to modification
until final closing and | 12 | | discharge of the proceedings under Section 5-750.
| 13 | | (4) In addition to any other sentence, the court may order | 14 | | any
minor
found to be delinquent to make restitution, in | 15 | | monetary or non-monetary form,
under the terms and conditions | 16 | | of Section 5-5-6 of the Unified Code of
Corrections, except | 17 | | that the "presentencing hearing" referred to in that
Section
| 18 | | shall be
the sentencing hearing for purposes of this Section. | 19 | | The parent, guardian or
legal custodian of the minor may be | 20 | | ordered by the court to pay some or all of
the restitution on | 21 | | the minor's behalf, pursuant to the Parental Responsibility
| 22 | | Law. The State's Attorney is authorized to act
on behalf of any | 23 | | victim in seeking restitution in proceedings under this
| 24 | | Section, up to the maximum amount allowed in Section 5 of the | 25 | | Parental
Responsibility Law.
| 26 | | (5) Any sentencing order where the minor is committed or |
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| 1 | | placed in
accordance
with Section 5-740 shall provide for the | 2 | | parents or guardian of the estate of
the minor to pay to the | 3 | | legal custodian or guardian of the person of the minor
such | 4 | | sums as are determined by the custodian or guardian of the | 5 | | person of the
minor as necessary for the minor's needs. The | 6 | | payments may not exceed the
maximum amounts provided for by | 7 | | Section 9.1 of the Children and Family Services
Act.
| 8 | | (6) Whenever the sentencing order requires the minor to | 9 | | attend school or
participate in a program of training, the | 10 | | truant officer or designated school
official shall regularly | 11 | | report to the court if the minor is a chronic or
habitual | 12 | | truant under Section 26-2a of the School Code. Notwithstanding | 13 | | any other provision of this Act, in instances in which | 14 | | educational services are to be provided to a minor in a | 15 | | residential facility where the minor has been placed by the | 16 | | court, costs incurred in the provision of those educational | 17 | | services must be allocated based on the requirements of the | 18 | | School Code.
| 19 | | (7) In no event shall a guilty minor be committed to the | 20 | | Department of
Juvenile Justice for a period of time in
excess | 21 | | of
that period for which an adult could be committed for the | 22 | | same act. The court shall include in the sentencing order a | 23 | | limitation on the period of confinement not to exceed the | 24 | | maximum period of imprisonment the court could impose under | 25 | | Article V of the Unified Code of Corrections.
| 26 | | (7.5) In no event shall a guilty minor be committed to the |
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| 1 | | Department of Juvenile Justice or placed in detention when the | 2 | | act for which the minor was adjudicated delinquent would not be | 3 | | illegal if committed by an adult. | 4 | | (7.6) In no event shall a guilty minor be committed to the | 5 | | Department of Juvenile Justice for an offense which is a Class | 6 | | 4 felony under Section 19-4 (criminal trespass to a residence), | 7 | | 21-1 (criminal damage to property), 21-1.01 (criminal damage to | 8 | | government supported property), 21-1.3 (criminal defacement of | 9 | | property), 26-1 (disorderly conduct), or 31-4 (obstructing | 10 | | justice) of the Criminal Code of 2012. | 11 | | (7.75) In no event shall a guilty minor be committed to the | 12 | | Department of Juvenile Justice for an offense that is a Class 3 | 13 | | or Class 4 felony violation of the Illinois Controlled | 14 | | Substances Act unless the commitment occurs upon a third or | 15 | | subsequent judicial finding of a violation of probation for | 16 | | substantial noncompliance with court-ordered treatment or | 17 | | programming. | 18 | | (8) A minor found to be guilty for reasons that include a | 19 | | violation of
Section 21-1.3 of the Criminal Code of 1961 or the | 20 | | Criminal Code of 2012 shall be ordered to perform
community | 21 | | service for not less than 30 and not more than 120 hours, if
| 22 | | community service is available in the jurisdiction. The | 23 | | community service
shall include, but need not be limited to, | 24 | | the cleanup and repair of the damage
that was caused by the | 25 | | violation or similar damage to property located in the
| 26 | | municipality or county in which the violation occurred. The |
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| 1 | | order may be in
addition to any other order authorized by this | 2 | | Section.
| 3 | | (8.5) A minor found to be guilty for reasons that include a | 4 | | violation of
Section
3.02 or Section 3.03 of the Humane Care | 5 | | for Animals Act or paragraph (d) of
subsection (1) of
Section | 6 | | 21-1 of
the Criminal Code
of
1961 or paragraph (4) of | 7 | | subsection (a) of Section 21-1 of the Criminal Code of 2012 | 8 | | shall be ordered to undergo medical or psychiatric treatment | 9 | | rendered by
a
psychiatrist or psychological treatment rendered | 10 | | by a clinical psychologist.
The order
may be in addition to any | 11 | | other order authorized by this Section.
| 12 | | (9) In addition to any other sentencing order, the court | 13 | | shall order any
minor found
to be guilty for an act which would | 14 | | constitute, predatory criminal sexual
assault of a child, | 15 | | aggravated criminal sexual assault, criminal sexual
assault, | 16 | | aggravated criminal sexual abuse, or criminal sexual abuse if
| 17 | | committed by an
adult to undergo medical testing to determine | 18 | | whether the defendant has any
sexually transmissible disease | 19 | | including a test for infection with human
immunodeficiency | 20 | | virus (HIV) or any other identified causative agency of
| 21 | | acquired immunodeficiency syndrome (AIDS). Any medical test | 22 | | shall be performed
only by appropriately licensed medical | 23 | | practitioners and may include an
analysis of any bodily fluids | 24 | | as well as an examination of the minor's person.
Except as | 25 | | otherwise provided by law, the results of the test shall be | 26 | | kept
strictly confidential by all medical personnel involved in |
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| 1 | | the testing and must
be personally delivered in a sealed | 2 | | envelope to the judge of the court in which
the sentencing | 3 | | order was entered for the judge's inspection in camera. Acting
| 4 | | in accordance with the best interests of the victim and the | 5 | | public, the judge
shall have the discretion to determine to | 6 | | whom the results of the testing may
be revealed. The court | 7 | | shall notify the minor of the results of the test for
infection | 8 | | with the human immunodeficiency virus (HIV). The court shall | 9 | | also
notify the victim if requested by the victim, and if the | 10 | | victim is under the
age of 15 and if requested by the victim's | 11 | | parents or legal guardian, the court
shall notify the victim's | 12 | | parents or the legal guardian, of the results of the
test for | 13 | | infection with the human immunodeficiency virus (HIV). The | 14 | | court
shall provide information on the availability of HIV | 15 | | testing and counseling at
the Department of Public Health | 16 | | facilities to all parties to whom the
results of the testing | 17 | | are revealed. The court shall order that the cost of
any test | 18 | | shall be paid by the county and may be taxed as costs against | 19 | | the
minor.
| 20 | | (10) When a court finds a minor to be guilty the court | 21 | | shall, before
entering a sentencing order under this Section, | 22 | | make a finding whether the
offense committed either: (a) was | 23 | | related to or in furtherance of the criminal
activities of an | 24 | | organized gang or was motivated by the minor's membership in
or | 25 | | allegiance to an organized gang, or (b) involved a violation of
| 26 | | subsection (a) of Section 12-7.1 of the Criminal Code of 1961 |
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| 1 | | or the Criminal Code of 2012, a violation of
any
Section of | 2 | | Article 24 of the Criminal Code of 1961 or the Criminal Code of | 3 | | 2012, or a violation of any
statute that involved the wrongful | 4 | | use of a firearm. If the court determines
the question in the | 5 | | affirmative,
and the court does not commit the minor to the | 6 | | Department of Juvenile Justice, the court shall order the minor | 7 | | to perform community service
for not less than 30 hours nor | 8 | | more than 120 hours, provided that community
service is | 9 | | available in the jurisdiction and is funded and approved by the
| 10 | | county board of the county where the offense was committed. The | 11 | | community
service shall include, but need not be limited to, | 12 | | the cleanup and repair of
any damage caused by a violation of | 13 | | Section 21-1.3 of the Criminal Code of 1961 or the Criminal | 14 | | Code of 2012
and similar damage to property located in the | 15 | | municipality or county in which
the violation occurred. When | 16 | | possible and reasonable, the community service
shall be | 17 | | performed in the minor's neighborhood. This order shall be in
| 18 | | addition to any other order authorized by this Section
except | 19 | | for an order to place the minor in the custody of the | 20 | | Department of
Juvenile Justice. For the purposes of this | 21 | | Section, "organized
gang" has the meaning ascribed to it in | 22 | | Section 10 of the Illinois Streetgang
Terrorism Omnibus | 23 | | Prevention Act.
| 24 | | (11) If the court determines that the offense was committed | 25 | | in furtherance of the criminal activities of an organized gang, | 26 | | as provided in subsection (10), and that the offense involved |
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| 1 | | the operation or use of a motor vehicle or the use of a | 2 | | driver's license or permit, the court shall notify the | 3 | | Secretary of State of that determination and of the period for | 4 | | which the minor shall be denied driving privileges. If, at the | 5 | | time of the determination, the minor does not hold a driver's | 6 | | license or permit, the court shall provide that the minor shall | 7 | | not be issued a driver's license or permit until his or her | 8 | | 18th birthday. If the minor holds a driver's license or permit | 9 | | at the time of the determination, the court shall provide that | 10 | | the minor's driver's license or permit shall be revoked until | 11 | | his or her 21st birthday, or until a later date or occurrence | 12 | | determined by the court. If the minor holds a driver's license | 13 | | at the time of the determination, the court may direct the | 14 | | Secretary of State to issue the minor a judicial driving | 15 | | permit, also known as a JDP. The JDP shall be subject to the | 16 | | same terms as a JDP issued under Section 6-206.1 of the | 17 | | Illinois Vehicle Code, except that the court may direct that | 18 | | the JDP be effective immediately.
| 19 | | (12) If a minor is found to be guilty of a violation of
| 20 | | subsection (a-7) of Section 1 of the Prevention of Tobacco Use | 21 | | by Minors Act, the
court may, in its discretion, and upon
| 22 | | recommendation by the State's Attorney, order that minor and | 23 | | his or her parents
or legal
guardian to attend a smoker's | 24 | | education or youth diversion program as defined
in that Act if | 25 | | that
program is available in the jurisdiction where the | 26 | | offender resides.
Attendance at a smoker's education or youth |
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| 1 | | diversion program
shall be time-credited against any community | 2 | | service time imposed for any
first violation of subsection | 3 | | (a-7) of Section 1 of that Act. In addition to any
other
| 4 | | penalty
that the court may impose for a violation of subsection | 5 | | (a-7) of Section 1 of
that Act, the
court, upon request by the | 6 | | State's Attorney, may in its discretion
require
the offender to | 7 | | remit a fee for his or her attendance at a smoker's
education | 8 | | or
youth diversion program.
| 9 | | For purposes of this Section, "smoker's education program" | 10 | | or "youth
diversion program" includes, but is not limited to, a | 11 | | seminar designed to
educate a person on the physical and | 12 | | psychological effects of smoking tobacco
products and the | 13 | | health consequences of smoking tobacco products that can be
| 14 | | conducted with a locality's youth diversion program.
| 15 | | In addition to any other penalty that the court may impose | 16 | | under this
subsection
(12):
| 17 | | (a) If a minor violates subsection (a-7) of Section 1 | 18 | | of the Prevention of
Tobacco Use by Minors Act, the court | 19 | | may
impose a sentence of 15 hours of
community service or a | 20 | | fine of $25 for a first violation.
| 21 | | (b) A second violation by a minor of subsection (a-7) | 22 | | of Section 1 of that Act
that occurs
within 12 months after | 23 | | the first violation is punishable by a fine of $50 and
25
| 24 | | hours of community service.
| 25 | | (c) A third or subsequent violation by a minor of | 26 | | subsection (a-7) of Section
1 of that Act
that
occurs |
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| 1 | | within 12 months after the first violation is punishable by | 2 | | a $100
fine
and 30 hours of community service.
| 3 | | (d) Any second or subsequent violation not within the | 4 | | 12-month time period
after the first violation is | 5 | | punishable as provided for a first violation.
| 6 | | (Source: P.A. 99-268, eff. 1-1-16; 99-628, eff. 1-1-17; 99-879, | 7 | | eff. 1-1-17; 100-201, eff. 8-18-17; 100-431, eff. 8-25-17; | 8 | | 100-759, eff. 1-1-19 .)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.".
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