Full Text of SB3533 101st General Assembly
SB3533 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB3533 Introduced 2/14/2020, by Sen. Heather A. Steans SYNOPSIS AS INTRODUCED: |
| 705 ILCS 405/2-10 | from Ch. 37, par. 802-10 | 705 ILCS 405/2-23 | from Ch. 37, par. 802-23 | 705 ILCS 405/2-28 | from Ch. 37, par. 802-28 | 705 ILCS 405/2-33 | |
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Amends the Abused, Neglected, or Dependent Minors Article of the Juvenile Court Act of 1987. Provides that if the
minor is being restored to the custody of a parent, legal custodian, or guardian who lives
outside of Illinois, and there is not an Interstate Compact in place, the court may order the
Department of Children and Family Services to arrange for an assessment of the minor's
proposed living arrangement and for ongoing monitoring of the health, safety, and best
interest of the minor and compliance with any order of protective supervision. Provides that if a motion is filed to modify or
vacate a private guardianship order and return the child to a parent, guardian, or legal custodian, the
court may order the Department of Children and Family Services to assess the minor's current and
proposed living arrangements and to provide ongoing monitoring of the health, safety, and best interest
of the minor during the pendency of the motion to assist the court in making that determination. Provides that whenever a petition is filed to reinstate wardship, prior to granting the
petition, the court may order the Department of Children and Family Services to assess the minor's current
and proposed living arrangements and to provide ongoing monitoring of the health, safety, and best interest
of the minor during the pendency of the petition to assist the court in making that determination. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning courts.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Juvenile Court Act of 1987 is amended by | 5 | | changing Sections 2-10, 2-23, 2-28, and 2-33 as follows:
| 6 | | (705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
| 7 | | Sec. 2-10. Temporary custody hearing. At the appearance of | 8 | | the
minor before the court at the temporary custody hearing, | 9 | | all
witnesses present shall be examined before the court in | 10 | | relation to any
matter connected with the allegations made in | 11 | | the petition.
| 12 | | (1) If the court finds that there is not probable cause to | 13 | | believe
that the minor is abused, neglected or dependent it | 14 | | shall release
the minor and dismiss the petition.
| 15 | | (2) If the court finds that there is probable cause to | 16 | | believe that
the minor is abused, neglected or dependent, the | 17 | | court shall state in writing
the factual basis supporting its | 18 | | finding and the minor, his or her parent,
guardian, custodian | 19 | | and other persons able to give relevant testimony
shall be | 20 | | examined before the court. The Department of Children and
| 21 | | Family Services shall give testimony concerning indicated | 22 | | reports of abuse
and neglect, of which they are aware through | 23 | | the central registry,
involving the minor's parent, guardian or |
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| 1 | | custodian. After such
testimony, the court may, consistent with
| 2 | | the health,
safety and best interests of the minor,
enter an | 3 | | order that the minor shall be released
upon the request of | 4 | | parent, guardian or custodian if the parent, guardian
or | 5 | | custodian appears to take custody. If it is determined that a | 6 | | parent's, guardian's, or custodian's compliance with critical | 7 | | services mitigates the necessity for removal of the minor from | 8 | | his or her home, the court may enter an Order of Protection | 9 | | setting forth reasonable conditions of behavior that a parent, | 10 | | guardian, or custodian must observe for a specified period of | 11 | | time, not to exceed 12 months, without a violation; provided, | 12 | | however, that the 12-month period shall begin anew after any | 13 | | violation. "Custodian" includes the Department of Children and | 14 | | Family Services, if it has been given custody of the child, or | 15 | | any other agency of the State which has been given custody or | 16 | | wardship of the child. If it is
consistent with the health, | 17 | | safety and best interests of the
minor, the
court may also | 18 | | prescribe shelter care and
order that the minor be kept in a | 19 | | suitable place designated by the court or in
a shelter care | 20 | | facility designated by the Department of Children and Family
| 21 | | Services or a licensed child welfare
agency; however, on and | 22 | | after January 1, 2015 (the effective date of Public Act 98-803) | 23 | | and before January 1, 2017, a minor charged with a
criminal | 24 | | offense under the Criminal Code of 1961 or the Criminal Code of | 25 | | 2012 or adjudicated delinquent
shall not be placed in the | 26 | | custody of or committed to the Department of
Children and |
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| 1 | | Family Services by any court, except a minor less than 16
years | 2 | | of age and committed to the Department of Children and Family | 3 | | Services
under Section 5-710 of this Act or a minor for whom an | 4 | | independent
basis of
abuse, neglect, or dependency exists; and | 5 | | on and after January 1, 2017, a minor charged with a
criminal | 6 | | offense 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 a minor less than 15 years | 10 | | of age and committed to the Department of Children and Family | 11 | | Services
under Section 5-710 of this Act or a minor for whom an | 12 | | independent
basis of
abuse, neglect, or dependency exists.
An | 13 | | independent basis exists when the allegations or adjudication | 14 | | of abuse, neglect, or dependency do not arise from the same | 15 | | facts, incident, or circumstances which give rise to a charge | 16 | | or adjudication of delinquency.
| 17 | | In placing the minor, the Department or other
agency shall, | 18 | | to the extent
compatible with the court's order, comply with | 19 | | Section 7 of the Children and
Family Services Act.
In | 20 | | determining
the health, safety and best interests of the minor | 21 | | to prescribe shelter
care, the court must
find that it is a | 22 | | matter of immediate and urgent necessity for the safety
and | 23 | | protection
of the minor or of the person or property of another | 24 | | that the minor be placed
in a shelter care facility or that he | 25 | | or she is likely to flee the jurisdiction
of the court, and | 26 | | must further find that reasonable efforts have been made or
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| 1 | | that, consistent with the health, safety and best interests of
| 2 | | the minor, no efforts reasonably can be made to
prevent or | 3 | | eliminate the necessity of removal of the minor from his or her
| 4 | | home. The court shall require documentation from the Department | 5 | | of Children and
Family Services as to the reasonable efforts | 6 | | that were made to prevent or
eliminate the necessity of removal | 7 | | of the minor from his or her home or the
reasons why no efforts | 8 | | reasonably could be made to prevent or eliminate the
necessity | 9 | | of removal. When a minor is placed in the home of a relative, | 10 | | the
Department of Children and Family Services shall complete a | 11 | | preliminary
background review of the members of the minor's | 12 | | custodian's household in
accordance with Section 4.3 of the | 13 | | Child Care Act of 1969 within 90 days of
that placement. If the | 14 | | minor is ordered placed in a shelter care facility of
the | 15 | | Department of Children and
Family Services or a licensed child | 16 | | welfare agency, the court shall, upon
request of the | 17 | | appropriate Department or other agency, appoint the
Department | 18 | | of Children and Family Services Guardianship Administrator or
| 19 | | other appropriate agency executive temporary custodian of the | 20 | | minor and the
court may enter such other orders related to the | 21 | | temporary custody as it
deems fit and proper, including the | 22 | | provision of services to the minor or
his family to ameliorate | 23 | | the causes contributing to the finding of probable
cause or to | 24 | | the finding of the existence of immediate and urgent necessity. | 25 | | Where the Department of Children and Family Services | 26 | | Guardianship Administrator is appointed as the executive |
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| 1 | | temporary custodian, the Department of Children and Family | 2 | | Services shall file with the court and serve on the parties a | 3 | | parent-child visiting plan, within 10 days, excluding weekends | 4 | | and holidays, after the appointment. The parent-child visiting | 5 | | plan shall set out the time and place of visits, the frequency | 6 | | of visits, the length of visits, who shall be present at the | 7 | | visits, and where appropriate, the minor's opportunities to | 8 | | have telephone and mail communication with the parents. | 9 | | Where the Department of Children and Family Services | 10 | | Guardianship Administrator is
appointed as the executive | 11 | | temporary custodian, and when the child has siblings in care,
| 12 | | the Department of Children and Family Services shall file with | 13 | | the court and serve on the
parties a sibling placement and | 14 | | contact plan within 10 days, excluding weekends and
holidays, | 15 | | after the appointment. The sibling placement and contact plan | 16 | | shall set forth
whether the siblings are placed together, and | 17 | | if they are not placed together, what, if any,
efforts are | 18 | | being made to place them together. If the Department has | 19 | | determined that it is
not in a child's best interest to be | 20 | | placed with a sibling, the Department shall document in
the | 21 | | sibling placement and contact plan the basis for its | 22 | | determination. For siblings placed
separately, the sibling | 23 | | placement and contact plan shall set the time and place for | 24 | | visits,
the frequency of the visits, the length of visits, who | 25 | | shall be present for the visits, and
where appropriate, the | 26 | | child's opportunities to have contact with their siblings in |
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| 1 | | addition to
in person contact. If the Department determines it | 2 | | is not in the best interest of a sibling to
have contact with a | 3 | | sibling, the Department shall document in the sibling placement | 4 | | and
contact plan the basis for its determination. The sibling | 5 | | placement and contact plan shall
specify a date for development | 6 | | of the Sibling Contact Support Plan, under subsection (f) of | 7 | | Section 7.4 of the Children and Family Services Act, and shall | 8 | | remain in effect until the Sibling Contact Support Plan is | 9 | | developed. | 10 | | For good cause, the court may waive the requirement to file | 11 | | the parent-child visiting plan or the sibling placement and | 12 | | contact plan, or extend the time for filing either plan. Any | 13 | | party may, by motion, request the court to review the | 14 | | parent-child visiting plan to determine whether it is | 15 | | reasonably calculated to expeditiously facilitate the | 16 | | achievement of the permanency goal. A party may, by motion, | 17 | | request the court to review the parent-child visiting plan or | 18 | | the sibling placement and contact plan to determine whether it | 19 | | is consistent with the minor's best interest. The court may | 20 | | refer the parties to mediation where available. The frequency, | 21 | | duration, and locations of visitation shall be measured by the | 22 | | needs of the child and family, and not by the convenience of | 23 | | Department personnel. Child development principles shall be | 24 | | considered by the court in its analysis of how frequent | 25 | | visitation should be, how long it should last, where it should | 26 | | take place, and who should be present. If upon motion of the |
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| 1 | | party to review either plan and after receiving evidence, the | 2 | | court determines that the parent-child visiting plan is not | 3 | | reasonably calculated to expeditiously facilitate the | 4 | | achievement of the permanency goal or that the restrictions | 5 | | placed on parent-child contact or sibling placement or contact | 6 | | are contrary to the child's best interests, the court shall put | 7 | | in writing the factual basis supporting the determination and | 8 | | enter specific findings based on the evidence. The court shall | 9 | | enter an order for the Department to implement changes to the | 10 | | parent-child visiting plan or sibling placement or contact | 11 | | plan, consistent with the court's findings. At any stage of | 12 | | proceeding, any party may by motion request the court to enter | 13 | | any orders necessary to implement the parent-child visiting | 14 | | plan, sibling placement or contact plan or subsequently | 15 | | developed Sibling Contact Support Plan. Nothing under this | 16 | | subsection (2) shall restrict the court from granting | 17 | | discretionary authority to the Department to increase | 18 | | opportunities for additional parent-child contacts or sibling | 19 | | contacts, without further court orders. Nothing in this | 20 | | subsection (2) shall restrict the Department from immediately | 21 | | restricting or terminating parent-child contact or sibling | 22 | | contacts, without either amending the parent-child visiting | 23 | | plan or the sibling contact plan or obtaining a court order, | 24 | | where the Department or its assigns reasonably believe that | 25 | | continuation of the contact, as set out in the plan, would be | 26 | | contrary to the child's health, safety, and welfare. The |
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| 1 | | Department shall file with the court and serve on the parties | 2 | | any amendments to the plan within 10 days, excluding weekends | 3 | | and holidays, of the change of the visitation. | 4 | | Acceptance of services shall not be considered an admission | 5 | | of any
allegation in a petition made pursuant to this Act, nor | 6 | | may a referral of
services be considered as evidence in any | 7 | | proceeding pursuant to this Act,
except where the issue is | 8 | | whether the Department has made reasonable
efforts to reunite | 9 | | the family. In making its findings that it is
consistent with | 10 | | the health, safety and best
interests of the minor to prescribe | 11 | | shelter care, the court shall state in
writing (i) the factual | 12 | | basis supporting its findings concerning the
immediate and | 13 | | urgent necessity for the protection of the minor or of the | 14 | | person
or property of another and (ii) the factual basis | 15 | | supporting its findings that
reasonable efforts were made to | 16 | | prevent or eliminate the removal of the minor
from his or her | 17 | | home or that no efforts reasonably could be made to prevent or
| 18 | | eliminate the removal of the minor from his or her home. The
| 19 | | parents, guardian, custodian, temporary custodian and minor | 20 | | shall each be
furnished a copy of such written findings. The | 21 | | temporary custodian shall
maintain a copy of the court order | 22 | | and written findings in the case record
for the child. The | 23 | | order together with the court's findings of fact in
support | 24 | | thereof shall be entered of record in the court.
| 25 | | Once the court finds that it is a matter of immediate and | 26 | | urgent necessity
for the protection of the minor that the minor |
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| 1 | | be placed in a shelter care
facility, the minor shall not be | 2 | | returned to the parent, custodian or guardian
until the court | 3 | | finds that such placement is no longer necessary for the
| 4 | | protection of the minor.
| 5 | | If the child is placed in the temporary custody of the | 6 | | Department of
Children
and Family
Services for his or her | 7 | | protection, the court shall admonish the parents,
guardian,
| 8 | | custodian or responsible relative that the parents must | 9 | | cooperate with the
Department of Children and Family Services, | 10 | | comply
with the terms of the service plans, and correct the | 11 | | conditions which require
the child to be in care, or risk | 12 | | termination of their parental
rights. The court shall ensure, | 13 | | by inquiring in open court of each parent, guardian, custodian | 14 | | or responsible relative, that the parent, guardian, custodian | 15 | | or responsible relative has had the opportunity to provide the | 16 | | Department with all known names, addresses, and telephone | 17 | | numbers of each of the minor's living maternal and paternal | 18 | | adult relatives, including, but not limited to, grandparents, | 19 | | aunts, uncles, and siblings. The court shall advise the | 20 | | parents, guardian, custodian or responsible relative to inform | 21 | | the Department if additional information regarding the minor's | 22 | | adult relatives becomes available.
| 23 | | (3) If prior to the shelter care hearing for a minor | 24 | | described in Sections
2-3, 2-4, 3-3 and 4-3 the moving party is | 25 | | unable to serve notice on the
party respondent, the shelter | 26 | | care hearing may proceed ex parte. A shelter
care order from an |
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| 1 | | ex parte hearing shall be endorsed with the date and
hour of | 2 | | issuance and shall be filed with the clerk's office and entered | 3 | | of
record. The order shall expire after 10 days from the time | 4 | | it is issued
unless before its expiration it is renewed, at a | 5 | | hearing upon appearance
of the party respondent, or upon an | 6 | | affidavit of the moving party as to all
diligent efforts to | 7 | | notify the party respondent by notice as herein
prescribed. The | 8 | | notice prescribed shall be in writing and shall be
personally | 9 | | delivered to the minor or the minor's attorney and to the last
| 10 | | known address of the other person or persons entitled to | 11 | | notice. The
notice shall also state the nature of the | 12 | | allegations, the nature of the
order sought by the State, | 13 | | including whether temporary custody is sought,
and the | 14 | | consequences of failure to appear and shall contain a notice
| 15 | | that the parties will not be entitled to further written | 16 | | notices or publication
notices of proceedings in this case, | 17 | | including the filing of an amended
petition or a motion to | 18 | | terminate parental rights, except as required by
Supreme Court | 19 | | Rule 11; and shall explain the
right of
the parties and the | 20 | | procedures to vacate or modify a shelter care order as
provided | 21 | | in this Section. The notice for a shelter care hearing shall be
| 22 | | substantially as follows:
| 23 | | NOTICE TO PARENTS AND CHILDREN
| 24 | | OF SHELTER CARE HEARING
| 25 | | On ................ at ........., before the Honorable | 26 | | ................,
(address:) ................., the State |
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| 1 | | of Illinois will present evidence
(1) that (name of child | 2 | | or children) ....................... are abused,
neglected | 3 | | or dependent for the following reasons:
| 4 | | ..............................................
and (2) | 5 | | whether there is "immediate and urgent necessity" to remove | 6 | | the child
or children from the responsible relative.
| 7 | | YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN | 8 | | PLACEMENT of the
child or children in foster care until a | 9 | | trial can be held. A trial may
not be held for up to 90 | 10 | | days. You will not be entitled to further notices
of | 11 | | proceedings in this case, including the filing of an | 12 | | amended petition or a
motion to terminate parental rights.
| 13 | | At the shelter care hearing, parents have the following | 14 | | rights:
| 15 | | 1. To ask the court to appoint a lawyer if they | 16 | | cannot afford one.
| 17 | | 2. To ask the court to continue the hearing to | 18 | | allow them time to
prepare.
| 19 | | 3. To present evidence concerning:
| 20 | | a. Whether or not the child or children were | 21 | | abused, neglected
or dependent.
| 22 | | b. Whether or not there is "immediate and | 23 | | urgent necessity" to remove
the child from home | 24 | | (including: their ability to care for the child,
| 25 | | conditions in the home, alternative means of | 26 | | protecting the child other
than removal).
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| 1 | | c. The best interests of the child.
| 2 | | 4. To cross examine the State's witnesses.
| 3 | | The Notice for rehearings shall be substantially as | 4 | | follows:
| 5 | | NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
| 6 | | TO REHEARING ON TEMPORARY CUSTODY
| 7 | | If you were not present at and did not have adequate | 8 | | notice of the
Shelter Care Hearing at which temporary | 9 | | custody of ............... was
awarded to | 10 | | ................, you have the right to request a full | 11 | | rehearing
on whether the State should have temporary | 12 | | custody of ................. To
request this rehearing, | 13 | | you must file with the Clerk of the Juvenile Court
| 14 | | (address): ........................, in person or by | 15 | | mailing a statement
(affidavit) setting forth the | 16 | | following:
| 17 | | 1. That you were not present at the shelter care | 18 | | hearing.
| 19 | | 2. That you did not get adequate notice (explaining | 20 | | how the notice
was inadequate).
| 21 | | 3. Your signature.
| 22 | | 4. Signature must be notarized.
| 23 | | The rehearing should be scheduled within 48 hours of | 24 | | your filing this
affidavit.
| 25 | | At the rehearing, your rights are the same as at the |
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| 1 | | initial shelter care
hearing. The enclosed notice explains | 2 | | those rights.
| 3 | | At the Shelter Care Hearing, children have the | 4 | | following rights:
| 5 | | 1. To have a guardian ad litem appointed.
| 6 | | 2. To be declared competent as a witness and to | 7 | | present testimony
concerning:
| 8 | | a. Whether they are abused, neglected or | 9 | | dependent.
| 10 | | b. Whether there is "immediate and urgent | 11 | | necessity" to be
removed from home.
| 12 | | c. Their best interests.
| 13 | | 3. To cross examine witnesses for other parties.
| 14 | | 4. To obtain an explanation of any proceedings and | 15 | | orders of the
court.
| 16 | | (4) If the parent, guardian, legal custodian, responsible | 17 | | relative,
minor age 8 or over, or counsel of the minor did not | 18 | | have actual notice of
or was not present at the shelter care | 19 | | hearing, he or she may file an
affidavit setting forth these | 20 | | facts, and the clerk shall set the matter for
rehearing not | 21 | | later than 48 hours, excluding Sundays and legal holidays,
| 22 | | after the filing of the affidavit. At the rehearing, the court | 23 | | shall
proceed in the same manner as upon the original hearing.
| 24 | | (5) Only when there is reasonable cause to believe that the | 25 | | minor
taken into custody is a person described in subsection | 26 | | (3) of Section
5-105 may the minor be
kept or detained in a |
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| 1 | | detention home or county or municipal jail. This
Section shall | 2 | | in no way be construed to limit subsection (6).
| 3 | | (6) No minor under 16 years of age may be confined in a | 4 | | jail or place
ordinarily used for the confinement of prisoners | 5 | | in a police station. Minors
under 18 years of age must be kept | 6 | | separate from confined adults and may
not at any time be kept | 7 | | in the same cell, room, or yard with adults confined
pursuant | 8 | | to the criminal law.
| 9 | | (7) If the minor is not brought before a judicial officer | 10 | | within the
time period as specified in Section 2-9, the minor | 11 | | must immediately be
released from custody.
| 12 | | (8) If neither the parent, guardian or custodian appears | 13 | | within 24
hours to take custody of a minor released upon | 14 | | request pursuant to
subsection (2) of this Section, then the | 15 | | clerk of the court shall set the
matter for rehearing not later | 16 | | than 7 days after the original order and
shall issue a summons | 17 | | directed to the parent, guardian or custodian to
appear. At the | 18 | | same time the probation department shall prepare a report
on | 19 | | the minor. If a parent, guardian or custodian does not appear | 20 | | at such
rehearing, the judge may enter an order prescribing | 21 | | that the minor be kept
in a suitable place designated by the | 22 | | Department of Children and Family
Services or a licensed child | 23 | | welfare agency.
| 24 | | (9) Notwithstanding any other provision of this
Section any | 25 | | interested party, including the State, the temporary
| 26 | | custodian, an agency providing services to the minor or family |
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| 1 | | under a
service plan pursuant to Section 8.2 of the Abused and | 2 | | Neglected Child
Reporting Act, foster parent, or any of their | 3 | | representatives, on notice
to all parties entitled to notice, | 4 | | may file a motion that it is in the best
interests of the minor | 5 | | to modify or vacate a
temporary custody order on any of the | 6 | | following grounds:
| 7 | | (a) It is no longer a matter of immediate and urgent | 8 | | necessity that the
minor remain in shelter care; or
| 9 | | (b) There is a material change in the circumstances of | 10 | | the natural
family from which the minor was removed and the | 11 | | child can be cared for at
home without endangering the | 12 | | child's health or safety; or
| 13 | | (c) A person not a party to the alleged abuse, neglect | 14 | | or dependency,
including a parent, relative or legal | 15 | | guardian, is capable of assuming
temporary custody of the | 16 | | minor; or
| 17 | | (d) Services provided by the Department of Children and | 18 | | Family Services
or a child welfare agency or other service | 19 | | provider have been successful in
eliminating the need for | 20 | | temporary custody and the child can be cared for at
home | 21 | | without endangering the child's health or safety.
| 22 | | In ruling on the motion, the court shall determine whether | 23 | | it is consistent
with the health, safety and best interests of | 24 | | the minor to modify
or vacate a temporary custody order. If the
| 25 | | minor is being restored to the custody of a parent, legal | 26 | | custodian, or guardian who lives
outside of Illinois, and there |
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| 1 | | is not an Interstate Compact in place, the court may order the
| 2 | | Department of Children and Family Services to arrange for an | 3 | | assessment of the minor's
proposed living arrangement and for | 4 | | ongoing monitoring of the health, safety, and best
interest of | 5 | | the minor and compliance with any order of protective | 6 | | supervision entered in
accordance with Section 2-20 or 2-25.
| 7 | | The clerk shall set the matter for hearing not later than | 8 | | 14 days after
such motion is filed. In the event that the court | 9 | | modifies or vacates a
temporary custody order but does not | 10 | | vacate its finding of probable cause,
the court may order that | 11 | | appropriate services be continued or initiated in
behalf of the | 12 | | minor and his or her family.
| 13 | | (10) When the court finds or has found that there is | 14 | | probable cause to
believe a minor is an abused minor as | 15 | | described in subsection (2) of Section
2-3
and that there is an | 16 | | immediate and urgent necessity for the abused minor to be
| 17 | | placed in shelter care, immediate and urgent necessity shall be | 18 | | presumed for
any other minor residing in the same household as | 19 | | the abused minor provided:
| 20 | | (a) Such other minor is the subject of an abuse or | 21 | | neglect petition
pending before the court; and
| 22 | | (b) A party to the petition is seeking shelter care for | 23 | | such other minor.
| 24 | | Once the presumption of immediate and urgent necessity has | 25 | | been raised, the
burden of demonstrating the lack of immediate | 26 | | and urgent necessity shall be on
any party that is opposing |
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| 1 | | shelter care for the other minor.
| 2 | | (11) The changes made to this Section by Public Act 98-61 | 3 | | apply to a minor who has been
arrested or taken into custody on | 4 | | or after January 1, 2014 (the effective date
of Public Act | 5 | | 98-61). | 6 | | (12) After the court has placed a minor in the care of a | 7 | | temporary custodian pursuant to this Section, any party may | 8 | | file a motion requesting the court to grant the temporary | 9 | | custodian the authority to serve as a surrogate decision maker | 10 | | for the minor under the Health Care Surrogate Act for purposes | 11 | | of making decisions pursuant to paragraph (1) of subsection (b) | 12 | | of Section 20 of the Health Care Surrogate Act. The court may | 13 | | grant the motion if it determines by clear and convincing | 14 | | evidence that it is in the best interests of the minor to grant | 15 | | the temporary custodian such authority. In making its | 16 | | determination, the court shall weigh the following factors in | 17 | | addition to considering the best interests factors listed in | 18 | | subsection (4.05) of Section 1-3 of this Act: | 19 | | (a) the efforts to identify and locate the respondents | 20 | | and adult family members of the minor and the results of | 21 | | those efforts; | 22 | | (b) the efforts to engage the respondents and adult | 23 | | family members of the minor in decision making on behalf of | 24 | | the minor; | 25 | | (c) the length of time the efforts in paragraphs (a) | 26 | | and (b) have been ongoing; |
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| 1 | | (d) the relationship between the respondents and adult | 2 | | family members and the minor; | 3 | | (e) medical testimony regarding the extent to which the | 4 | | minor is suffering and the impact of a delay in | 5 | | decision-making on the minor; and | 6 | | (f) any other factor the court deems relevant. | 7 | | If the Department of Children and Family Services is the | 8 | | temporary custodian of the minor, in addition to the | 9 | | requirements of paragraph (1) of subsection (b) of Section 20 | 10 | | of the Health Care Surrogate Act, the Department shall follow | 11 | | its rules and procedures in exercising authority granted under | 12 | | this subsection. | 13 | | (Source: P.A. 99-625, eff. 1-1-17; 99-642, eff. 7-28-16; | 14 | | 100-159, eff. 8-18-17; 100-863, eff. 8-14-18; 100-959, eff. | 15 | | 1-1-19 .)
| 16 | | (705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
| 17 | | Sec. 2-23. Kinds of dispositional orders.
| 18 | | (1) The following kinds of orders of disposition may be | 19 | | made in respect of
wards of the court:
| 20 | | (a) A minor found to be neglected or abused under
| 21 | | Section 2-3 or dependent under Section 2-4 may be (1) | 22 | | continued in the
custody of his or her parents,
guardian or | 23 | | legal custodian; (2) placed in accordance with Section | 24 | | 2-27;
(3) restored to the custody of the parent, parents, | 25 | | guardian, or legal
custodian, provided the court shall |
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| 1 | | order the parent, parents, guardian, or
legal custodian to | 2 | | cooperate with the Department of Children and Family
| 3 | | Services and comply with the terms of an after-care plan or | 4 | | risk the loss of
custody of the child and the possible | 5 | | termination of their parental rights;
or
(4) ordered | 6 | | partially or completely emancipated in accordance with
the | 7 | | provisions of the Emancipation of Minors Act.
| 8 | | If the minor is being restored to the custody of a | 9 | | parent, legal custodian, or guardian who lives
outside of | 10 | | Illinois, and there is not an Interstate Compact in place, | 11 | | the court may order the
Department of Children and Family | 12 | | Services to arrange for an assessment of the minor's
| 13 | | proposed living arrangement and for ongoing monitoring of | 14 | | the health, safety, and best
interest of the minor and | 15 | | compliance with any order of protective supervision | 16 | | entered in
accordance with Section 2-24. | 17 | | However, in any case in which a minor is found by the | 18 | | court to be
neglected or abused under Section 2-3 of this | 19 | | Act, custody of the minor
shall not be restored to any | 20 | | parent, guardian or legal custodian whose acts
or omissions | 21 | | or both have been identified, pursuant to subsection (1) of
| 22 | | Section 2-21, as forming the basis for the court's finding | 23 | | of abuse or
neglect, until such time
as a
hearing is held | 24 | | on the issue of the best interests of the minor and the | 25 | | fitness
of such parent, guardian or legal custodian to care | 26 | | for the minor without
endangering the minor's health or |
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| 1 | | safety, and the court
enters an order that such parent, | 2 | | guardian or legal custodian is fit to care
for the minor.
| 3 | | (b) A minor found to be dependent under
Section 2-4 may | 4 | | be (1) placed in accordance with Section 2-27 or (2)
| 5 | | ordered partially or completely emancipated in accordance | 6 | | with the
provisions of the Emancipation of Minors Act.
| 7 | | However, in any case in which a minor is found by the | 8 | | court to be
dependent under Section 2-4 of this Act, | 9 | | custody of the minor shall not be
restored to
any parent, | 10 | | guardian or legal custodian whose acts or omissions or both | 11 | | have
been identified, pursuant to subsection (1) of Section | 12 | | 2-21, as forming the
basis for the court's finding of | 13 | | dependency, until such
time as a hearing is
held on the | 14 | | issue of the fitness of such parent, guardian or legal
| 15 | | custodian to care for the minor without endangering the | 16 | | minor's health or
safety, and the court enters an order | 17 | | that such
parent, guardian or legal custodian is fit to | 18 | | care for the minor.
| 19 | | (b-1) A minor between the ages of 18 and 21 may be | 20 | | placed pursuant to Section 2-27 of this Act if (1) the | 21 | | court has granted a supplemental petition to reinstate | 22 | | wardship of the minor pursuant to subsection (2) of Section | 23 | | 2-33, (2) the court has adjudicated the minor a ward of the | 24 | | court, permitted the minor to return home under an order of | 25 | | protection, and subsequently made a finding that it is in | 26 | | the minor's best interest to vacate the order of protection |
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| 1 | | and commit the minor to the Department of Children and | 2 | | Family Services for care and service, or (3) the court | 3 | | returned the minor to the custody of the respondent under | 4 | | Section 2-4b of this Act without terminating the | 5 | | proceedings under Section 2-31 of this Act, and | 6 | | subsequently made a finding that it is in the minor's best | 7 | | interest to commit the minor to the Department of Children | 8 | | and Family Services for care and services. | 9 | | (c) When the court awards guardianship to the | 10 | | Department of Children and
Family Services, the court shall | 11 | | order the parents to cooperate with the
Department of | 12 | | Children and Family Services, comply with the terms of the
| 13 | | service plans, and correct the conditions that require the | 14 | | child to be in care,
or risk termination of their parental | 15 | | rights.
| 16 | | (2) Any order of disposition may provide for protective | 17 | | supervision
under Section 2-24 and may include an order of | 18 | | protection under Section 2-25.
| 19 | | Unless the order of disposition expressly so provides, it | 20 | | does
not operate to close proceedings on the pending petition, | 21 | | but is subject
to modification, not inconsistent with Section | 22 | | 2-28, until final closing and discharge of the proceedings | 23 | | under
Section 2-31.
| 24 | | (3) The court also shall enter any other orders necessary | 25 | | to fulfill the
service plan, including, but not limited to, (i) | 26 | | orders requiring parties to
cooperate with services, (ii) |
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| 1 | | restraining orders controlling the conduct of any
party likely | 2 | | to frustrate the achievement of the goal, and (iii) visiting
| 3 | | orders. When the child is placed separately from a sibling, the
| 4 | | court shall review the Sibling Contact Support Plan developed | 5 | | under subsection (f) of Section 7.4 of the Children and Family | 6 | | Services Act, if applicable. If the Department has not convened | 7 | | a meeting to develop a Sibling
Contact Support Plan, or if the | 8 | | court finds that the existing Plan is not in the child's best
| 9 | | interest, the court may enter an order requiring the Department | 10 | | to develop and implement
a Sibling Contact Support Plan under | 11 | | subsection (f) of Section 7.4 of the Children and Family | 12 | | Services Act or order mediation. Unless otherwise specifically | 13 | | authorized by law, the court is not
empowered under this | 14 | | subsection (3) to order specific placements, specific
| 15 | | services, or specific service
providers to be included in the | 16 | | plan. If, after receiving evidence, the court determines that | 17 | | the services contained in the plan are not reasonably | 18 | | calculated to facilitate achievement of the permanency goal, | 19 | | the court shall put in writing the factual basis supporting the | 20 | | determination and enter specific findings based on the | 21 | | evidence. The court also shall enter an order for the | 22 | | Department to develop and implement a new service plan or to | 23 | | implement changes to the current service plan consistent with | 24 | | the court's findings. The new service plan shall be filed with | 25 | | the court and served on all parties within 45 days after the | 26 | | date of the order. The court shall continue the matter until |
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| 1 | | the new service plan is filed. Except as authorized by | 2 | | subsection (3.5) of this Section or authorized by law, the | 3 | | court is not empowered under this Section to order specific | 4 | | placements, specific services, or specific service providers | 5 | | to be included in the service plan.
| 6 | | (3.5) If, after reviewing the evidence, including evidence | 7 | | from the Department, the court determines that the minor's | 8 | | current or planned placement is not necessary or appropriate to | 9 | | facilitate achievement of the permanency goal, the court shall | 10 | | put in writing the factual basis supporting its determination | 11 | | and enter specific findings based on the evidence. If the court | 12 | | finds that the minor's current or planned placement is not | 13 | | necessary or appropriate, the court may enter an order | 14 | | directing the Department to implement a recommendation by the | 15 | | minor's treating clinician or a clinician contracted by the | 16 | | Department to evaluate the minor or a recommendation made by | 17 | | the Department. If the Department places a minor in a placement | 18 | | under an order entered under this subsection (3.5), the | 19 | | Department has the authority to remove the minor from that | 20 | | placement when a change in circumstances necessitates the | 21 | | removal to protect the minor's health, safety, and best | 22 | | interest. If the Department determines removal is necessary, | 23 | | the Department shall notify the parties of the planned | 24 | | placement change in writing no later than 10 days prior to the | 25 | | implementation of its determination unless remaining in the | 26 | | placement poses an imminent risk of harm to the minor, in which |
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| 1 | | case the Department shall notify the parties of the placement | 2 | | change in writing immediately following the implementation of | 3 | | its decision. The Department shall notify others of the | 4 | | decision to change the minor's placement as required by | 5 | | Department rule. | 6 | | (4) In addition to any other order of disposition, the | 7 | | court may order
any minor adjudicated neglected with respect to | 8 | | his or her own injurious
behavior to make restitution, in | 9 | | monetary or non-monetary form, under the
terms and conditions | 10 | | of Section 5-5-6 of the Unified Code of Corrections,
except | 11 | | that the "presentence hearing" referred to therein shall be the
| 12 | | dispositional hearing for purposes of this Section. The parent, | 13 | | guardian
or legal custodian of the minor may pay some or all of | 14 | | such restitution on
the minor's behalf.
| 15 | | (5) Any order for disposition where the minor is committed | 16 | | or placed in
accordance with Section 2-27 shall provide for the | 17 | | parents or guardian of
the estate of such minor to pay to the | 18 | | legal custodian or guardian of the
person of the minor such | 19 | | sums as are determined by the custodian or guardian
of the | 20 | | person of the minor as necessary for the minor's needs. Such | 21 | | payments
may not exceed the maximum amounts provided for by | 22 | | Section 9.1 of the
Children and Family Services Act.
| 23 | | (6) Whenever the order of disposition requires the minor to | 24 | | attend
school or participate in a program of training, the | 25 | | truant officer or
designated school official shall regularly | 26 | | report to the court if the minor
is a chronic or habitual |
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| 1 | | truant under Section 26-2a of the School Code.
| 2 | | (7) The court may terminate the parental rights of a parent | 3 | | at the initial
dispositional hearing if all of the conditions | 4 | | in subsection (5) of Section
2-21 are met.
| 5 | | (Source: P.A. 100-45, eff. 8-11-17; 100-978, eff. 8-19-18; | 6 | | 101-79, eff. 7-12-19.)
| 7 | | (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
| 8 | | Sec. 2-28. Court review.
| 9 | | (1) The court may require any legal custodian or guardian | 10 | | of the person
appointed under this Act to report periodically | 11 | | to the court or may cite
him into court and require him or his | 12 | | agency, to make a full and
accurate report of his or its doings | 13 | | in behalf of the minor. The
custodian or guardian, within 10 | 14 | | days after such citation, or earlier if the court determines it | 15 | | to be necessary to protect the health, safety, or welfare of | 16 | | the minor, shall make
the report, either in writing verified by | 17 | | affidavit or orally under oath
in open court, or otherwise as | 18 | | the court directs. Upon the hearing of
the report the court may | 19 | | remove the custodian or guardian and appoint
another in his | 20 | | stead or restore the minor to the custody of his parents
or | 21 | | former guardian or custodian. However, custody of the minor | 22 | | shall
not be restored to any parent, guardian or legal | 23 | | custodian in any case
in which the minor is found to be | 24 | | neglected or abused under Section 2-3 or
dependent under | 25 | | Section 2-4 of this
Act, unless the minor can be cared for at |
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| 1 | | home without endangering the
minor's health or safety and it is | 2 | | in the best interests of the minor, and
if such neglect,
abuse, | 3 | | or dependency is found by the court under paragraph (1)
of | 4 | | Section 2-21 of
this Act to have come about due to the acts or | 5 | | omissions or both of such
parent, guardian
or legal custodian, | 6 | | until such time as an investigation is made as provided in
| 7 | | paragraph (5) and a hearing is held on the issue of the fitness | 8 | | of such parent,
guardian or legal custodian to care for the | 9 | | minor and the court enters an order
that such parent, guardian | 10 | | or legal custodian is fit to care for the minor.
| 11 | | (1.5) The public agency that is the custodian or guardian | 12 | | of the minor shall file a written report with the court no | 13 | | later than 15 days after a minor in the agency's care remains: | 14 | | (1) in a shelter placement beyond 30 days; | 15 | | (2) in a psychiatric hospital past the time when the | 16 | | minor is clinically ready for discharge or beyond medical | 17 | | necessity for the minor's health; or | 18 | | (3) in a detention center or Department of Juvenile | 19 | | Justice facility solely because the public agency cannot | 20 | | find an appropriate placement for the minor. | 21 | | The report shall explain the steps the agency is taking to | 22 | | ensure the minor is placed appropriately, how the minor's needs | 23 | | are being met in the minor's shelter placement, and if a future | 24 | | placement has been identified by the Department, why the | 25 | | anticipated placement is appropriate for the needs of the minor | 26 | | and the anticipated placement date. |
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| 1 | | (1.6) Within 35 days after placing a child in its care in a | 2 | | qualified residential treatment program, as defined by the | 3 | | federal Social Security Act, the Department of Children and | 4 | | Family Services shall file a written report with the court and | 5 | | send copies of the report to all parties. Within 20 days of the | 6 | | filing of the report, the court shall hold a hearing to | 7 | | consider the Department's report and determine whether | 8 | | placement of the child in a qualified residential treatment | 9 | | program provides the most effective and appropriate level of | 10 | | care for the child in the least restrictive environment and if | 11 | | the placement is consistent with the short-term and long-term | 12 | | goals for the child, as specified in the permanency plan for | 13 | | the child. The court shall approve or disapprove the placement. | 14 | | If applicable, the requirements of Sections 2-27.1 and 2-27.2 | 15 | | must also be met.
The Department's written report and the | 16 | | court's written determination shall be included in and made | 17 | | part of the case plan for the child. If the child remains | 18 | | placed in a qualified residential treatment program, the | 19 | | Department shall submit evidence at each status and permanency | 20 | | hearing: | 21 | | (1) demonstrating that on-going assessment of the | 22 | | strengths and needs of the child continues to support the | 23 | | determination that the child's needs cannot be met through | 24 | | placement in a foster family home, that the placement | 25 | | provides the most effective and appropriate level of care | 26 | | for the child in the least restrictive, appropriate |
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| 1 | | environment, and that the placement is consistent with the | 2 | | short-term and long-term permanency goal for the child, as | 3 | | specified in the permanency plan for the child; | 4 | | (2) documenting the specific treatment or service | 5 | | needs that should be met for the child in the placement and | 6 | | the length of time the child is expected to need the | 7 | | treatment or services; and | 8 | | (3) the efforts made by the agency to prepare the child | 9 | | to return home or to be placed with a fit and willing | 10 | | relative, a legal guardian, or an adoptive parent, or in a | 11 | | foster family home. | 12 | | (2) The first permanency hearing shall be
conducted by the | 13 | | judge. Subsequent permanency hearings may be
heard by a judge | 14 | | or by hearing officers appointed or approved by the court in
| 15 | | the manner set forth in Section 2-28.1 of this Act.
The initial | 16 | | hearing shall be held (a) within 12 months from the date
| 17 | | temporary
custody was taken, regardless of whether an | 18 | | adjudication or dispositional hearing has been completed | 19 | | within that time frame, (b) if the parental rights of both | 20 | | parents have been
terminated in accordance with the procedure | 21 | | described in subsection (5) of
Section 2-21, within
30 days of | 22 | | the order for termination of parental rights and appointment of
| 23 | | a guardian with power to consent to adoption, or (c) in | 24 | | accordance with
subsection
(2) of Section 2-13.1. Subsequent | 25 | | permanency hearings
shall be held every 6 months
or more | 26 | | frequently if necessary in the court's determination following |
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| 1 | | the
initial permanency hearing, in accordance with the | 2 | | standards set forth in this
Section, until the court determines | 3 | | that the plan and goal have been achieved.
Once the plan and | 4 | | goal have been achieved, if the minor remains in substitute
| 5 | | care, the case shall be reviewed at least every 6 months | 6 | | thereafter, subject to
the provisions of this Section, unless | 7 | | the minor is placed in the guardianship
of a suitable relative | 8 | | or other person and the court determines that further
| 9 | | monitoring by the court does not further the health, safety or | 10 | | best interest of
the child and that this is a stable permanent | 11 | | placement.
The permanency hearings must occur within the time | 12 | | frames set forth in this
subsection and may not be delayed in | 13 | | anticipation of a report from any source or due to the agency's | 14 | | failure to timely file its written report (this
written report | 15 | | means the one required under the next paragraph and does not
| 16 | | mean the service plan also referred to in that paragraph).
| 17 | | The public agency that is the custodian or guardian of the | 18 | | minor, or another
agency responsible for the minor's care, | 19 | | shall ensure that all parties to the
permanency hearings are | 20 | | provided a copy of the most recent
service plan prepared within | 21 | | the prior 6 months
at least 14 days in advance of the hearing. | 22 | | If not contained in the agency's service plan, the
agency shall | 23 | | also include a report setting forth (i) any special
physical, | 24 | | psychological, educational, medical, emotional, or other needs | 25 | | of the
minor or his or her family that are relevant to a | 26 | | permanency or placement
determination and (ii) for any minor |
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| 1 | | age 16 or over, a written description of
the programs and | 2 | | services that will enable the minor to prepare for independent
| 3 | | living. If not contained in the agency's service plan, the | 4 | | agency's report shall specify if a minor is placed in a | 5 | | licensed child care facility under a corrective plan by the | 6 | | Department due to concerns impacting the minor's safety and | 7 | | well-being. The report shall explain the steps the Department | 8 | | is taking to ensure the safety and well-being of the minor and | 9 | | that the minor's needs are met in the facility. The agency's | 10 | | written report must detail what progress or lack of
progress | 11 | | the parent has made in correcting the conditions requiring the | 12 | | child
to be in care; whether the child can be returned home | 13 | | without jeopardizing the
child's health, safety, and welfare, | 14 | | and if not, what permanency goal is
recommended to be in the | 15 | | best interests of the child, and why the other
permanency goals | 16 | | are not appropriate. The caseworker must appear and testify
at | 17 | | the permanency hearing. If a permanency hearing has not | 18 | | previously been
scheduled by the court, the moving party shall | 19 | | move for the setting of a
permanency hearing and the entry of | 20 | | an order within the time frames set forth
in this subsection.
| 21 | | At the permanency hearing, the court shall determine the | 22 | | future status
of the child. The court shall set one of the | 23 | | following permanency goals:
| 24 | | (A) The minor will be returned home by a specific date | 25 | | within 5
months.
| 26 | | (B) The minor will be in short-term care with a
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| 1 | | continued goal to return home within a period not to exceed | 2 | | one
year, where the progress of the parent or parents is | 3 | | substantial giving
particular consideration to the age and | 4 | | individual needs of the minor.
| 5 | | (B-1) The minor will be in short-term care with a | 6 | | continued goal to return
home pending a status hearing. | 7 | | When the court finds that a parent has not made
reasonable | 8 | | efforts or reasonable progress to date, the court shall | 9 | | identify
what actions the parent and the Department must | 10 | | take in order to justify a
finding of reasonable efforts or | 11 | | reasonable progress and shall set a status
hearing to be | 12 | | held not earlier than 9 months from the date of | 13 | | adjudication nor
later than 11 months from the date of | 14 | | adjudication during which the parent's
progress will again | 15 | | be reviewed.
| 16 | | (C) The minor will be in substitute care pending court
| 17 | | determination on termination of parental rights.
| 18 | | (D) Adoption, provided that parental rights have been | 19 | | terminated or
relinquished.
| 20 | | (E) The guardianship of the minor will be transferred | 21 | | to an individual or
couple on a permanent basis provided | 22 | | that goals (A) through (D) have
been ruled out.
| 23 | | (F) The minor over age 15 will be in substitute care | 24 | | pending
independence. In selecting this permanency goal, | 25 | | the Department of Children and Family Services may provide | 26 | | services to enable reunification and to strengthen the |
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| 1 | | minor's connections with family, fictive kin, and other | 2 | | responsible adults, provided the services are in the | 3 | | minor's best interest. The services shall be documented in | 4 | | the service plan.
| 5 | | (G) The minor will be in substitute care because he or | 6 | | she cannot be
provided for in a home environment due to | 7 | | developmental
disabilities or mental illness or because he | 8 | | or she is a danger to self or
others, provided that goals | 9 | | (A) through (D) have been ruled out.
| 10 | | In selecting any permanency goal, the court shall indicate | 11 | | in writing the
reasons the goal was selected and why the | 12 | | preceding goals were ruled out.
Where the court has selected a | 13 | | permanency goal other than (A), (B), or (B-1),
the
Department | 14 | | of Children and Family Services shall not provide further
| 15 | | reunification services, except as provided in paragraph (F) of | 16 | | this subsection (2), but shall provide services
consistent with | 17 | | the goal
selected.
| 18 | | (H) Notwithstanding any other provision in this | 19 | | Section, the court may select the goal of continuing foster | 20 | | care as a permanency goal if: | 21 | | (1) The Department of Children and Family Services | 22 | | has custody and guardianship of the minor; | 23 | | (2) The court has ruled out all other permanency | 24 | | goals based on the child's best interest;
| 25 | | (3) The court has found compelling reasons, based | 26 | | on written documentation reviewed by the court, to |
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| 1 | | place the minor in continuing foster care. Compelling | 2 | | reasons include:
| 3 | | (a) the child does not wish to be adopted or to | 4 | | be placed in the guardianship of his or her | 5 | | relative or foster care placement;
| 6 | | (b) the child exhibits an extreme level of need | 7 | | such that the removal of the child from his or her | 8 | | placement would be detrimental to the child; or
| 9 | | (c) the child who is the subject of the | 10 | | permanency hearing has existing close and strong | 11 | | bonds with a sibling, and achievement of another | 12 | | permanency goal would substantially interfere with | 13 | | the subject child's sibling relationship, taking | 14 | | into consideration the nature and extent of the | 15 | | relationship, and whether ongoing contact is in | 16 | | the subject child's best interest, including | 17 | | long-term emotional interest, as compared with the | 18 | | legal and emotional benefit of permanence;
| 19 | | (4) The child has lived with the relative or foster | 20 | | parent for at least one year; and
| 21 | | (5) The relative or foster parent currently caring | 22 | | for the child is willing and capable of providing the | 23 | | child with a stable and permanent environment. | 24 | | The court shall set a
permanency
goal that is in the best | 25 | | interest of the child. In determining that goal, the court | 26 | | shall consult with the minor in an age-appropriate manner |
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| 1 | | regarding the proposed permanency or transition plan for the | 2 | | minor. The court's determination
shall include the following | 3 | | factors:
| 4 | | (1) Age of the child.
| 5 | | (2) Options available for permanence, including both | 6 | | out-of-state and in-state placement options.
| 7 | | (3) Current placement of the child and the intent of | 8 | | the family regarding
adoption.
| 9 | | (4) Emotional, physical, and mental status or | 10 | | condition of the child.
| 11 | | (5) Types of services previously offered and whether or | 12 | | not
the services were successful and, if not successful, | 13 | | the reasons the services
failed.
| 14 | | (6) Availability of services currently needed and | 15 | | whether the services
exist.
| 16 | | (7) Status of siblings of the minor.
| 17 | | The court shall consider (i) the permanency goal contained | 18 | | in the service
plan, (ii) the appropriateness of the
services | 19 | | contained in the plan and whether those services have been
| 20 | | provided, (iii) whether reasonable efforts have been made by | 21 | | all
the parties to the service plan to achieve the goal, and | 22 | | (iv) whether the plan
and goal have been achieved. All evidence
| 23 | | relevant to determining these questions, including oral and | 24 | | written reports,
may be admitted and may be relied on to the | 25 | | extent of their probative value.
| 26 | | The court shall make findings as to whether, in violation |
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| 1 | | of Section 8.2 of the Abused and Neglected Child Reporting Act, | 2 | | any portion of the service plan compels a child or parent to | 3 | | engage in any activity or refrain from any activity that is not | 4 | | reasonably related to remedying a condition or conditions that | 5 | | gave rise or which could give rise to any finding of child | 6 | | abuse or neglect. The services contained in the service plan | 7 | | shall include services reasonably related to remedy the | 8 | | conditions that gave rise to removal of the child from the home | 9 | | of his or her parents, guardian, or legal custodian or that the | 10 | | court has found must be remedied prior to returning the child | 11 | | home. Any tasks the court requires of the parents, guardian, or | 12 | | legal custodian or child prior to returning the child home, | 13 | | must be reasonably related to remedying a condition or | 14 | | conditions that gave rise to or which could give rise to any | 15 | | finding of child abuse or neglect. | 16 | | If the permanency goal is to return home, the court shall | 17 | | make findings that identify any problems that are causing | 18 | | continued placement of the children away from the home and | 19 | | identify what outcomes would be considered a resolution to | 20 | | these problems. The court shall explain to the parents that | 21 | | these findings are based on the information that the court has | 22 | | at that time and may be revised, should additional evidence be | 23 | | presented to the court. | 24 | | The court shall review the Sibling Contact Support Plan | 25 | | developed or modified under subsection (f) of Section 7.4 of | 26 | | the Children and Family Services Act, if applicable. If the |
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| 1 | | Department has not convened a meeting to
develop or modify a | 2 | | Sibling Contact Support Plan, or if the court finds that the | 3 | | existing Plan
is not in the child's best interest, the court | 4 | | may enter an order requiring the Department to
develop, modify | 5 | | or implement a Sibling Contact Support Plan, or order | 6 | | mediation. | 7 | | If the goal has been achieved, the court shall enter orders | 8 | | that are
necessary to conform the minor's legal custody and | 9 | | status to those findings.
| 10 | | If, after receiving evidence, the court determines that the | 11 | | services
contained in the plan are not reasonably calculated to | 12 | | facilitate achievement
of the permanency goal, the court shall | 13 | | put in writing the factual basis
supporting the determination | 14 | | and enter specific findings based on the evidence.
The court | 15 | | also shall enter an order for the Department to develop and
| 16 | | implement a new service plan or to implement changes to the | 17 | | current service
plan consistent with the court's findings. The | 18 | | new service plan shall be filed
with the court and served on | 19 | | all parties within 45 days of the date of the
order. The court | 20 | | shall continue the matter until the new service plan is
filed. | 21 | | Except as authorized by subsection (2.5) of this Section and as | 22 | | otherwise specifically authorized by law, the court is not | 23 | | empowered under this Section to order specific placements, | 24 | | specific services, or specific service providers to be included | 25 | | in the service plan.
| 26 | | A guardian or custodian appointed by the court pursuant to |
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| 1 | | this Act shall
file updated case plans with the court every 6 | 2 | | months.
| 3 | | Rights of wards of the court under this Act are enforceable | 4 | | against
any public agency by complaints for relief by mandamus | 5 | | filed in any
proceedings brought under this Act.
| 6 | | (2.5) If, after reviewing the evidence, including evidence | 7 | | from the Department, the court determines that the minor's | 8 | | current or planned placement is not necessary or appropriate to | 9 | | facilitate achievement of the permanency goal, the court shall | 10 | | put in writing the factual basis supporting its determination | 11 | | and enter specific findings based on the evidence. If the court | 12 | | finds that the minor's current or planned placement is not | 13 | | necessary or appropriate, the court may enter an order | 14 | | directing the Department to implement a recommendation by the | 15 | | minor's treating clinician or a clinician contracted by the | 16 | | Department to evaluate the minor or a recommendation made by | 17 | | the Department. If the Department places a minor in a placement | 18 | | under an order entered under this subsection (2.5), the | 19 | | Department has the authority to remove the minor from that | 20 | | placement when a change in circumstances necessitates the | 21 | | removal to protect the minor's health, safety, and best | 22 | | interest. If the Department determines removal is necessary, | 23 | | the Department shall notify the parties of the planned | 24 | | placement change in writing no later than 10 days prior to the | 25 | | implementation of its determination unless remaining in the | 26 | | placement poses an imminent risk of harm to the minor, in which |
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| 1 | | case the Department shall notify the parties of the placement | 2 | | change in writing immediately following the implementation of | 3 | | its decision. The Department shall notify others of the | 4 | | decision to change the minor's placement as required by | 5 | | Department rule. | 6 | | (3) Following the permanency hearing, the court shall enter | 7 | | a written order
that includes the determinations required under | 8 | | subsection (2) of this
Section and sets forth the following:
| 9 | | (a) The future status of the minor, including the | 10 | | permanency goal, and
any order necessary to conform the | 11 | | minor's legal custody and status to such
determination; or
| 12 | | (b) If the permanency goal of the minor cannot be | 13 | | achieved immediately,
the specific reasons for continuing | 14 | | the minor in the care of the Department of
Children and | 15 | | Family Services or other agency for short term placement, | 16 | | and the
following determinations:
| 17 | | (i) (Blank).
| 18 | | (ii) Whether the services required by the court
and | 19 | | by any service plan prepared within the prior 6 months
| 20 | | have been provided and (A) if so, whether the services | 21 | | were reasonably
calculated to facilitate the | 22 | | achievement of the permanency goal or (B) if not
| 23 | | provided, why the services were not provided.
| 24 | | (iii) Whether the minor's current or planned | 25 | | placement is necessary, and appropriate to the
plan and | 26 | | goal, recognizing the right of minors to the least |
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| 1 | | restrictive (most
family-like) setting available and | 2 | | in close proximity to the parents' home
consistent with | 3 | | the health, safety, best interest and special needs of | 4 | | the
minor and, if the minor is placed out-of-state, | 5 | | whether the out-of-state
placement continues to be | 6 | | appropriate and consistent with the health, safety,
| 7 | | and best interest of the minor.
| 8 | | (iv) (Blank).
| 9 | | (v) (Blank).
| 10 | | (4) The minor or any person interested in the minor may | 11 | | apply to the
court for a change in custody of the minor and the | 12 | | appointment of a new
custodian or guardian of the person or for | 13 | | the restoration of the minor
to the custody of his parents or | 14 | | former guardian or custodian.
| 15 | | When return home is not selected as the permanency goal:
| 16 | | (a) The Department, the minor, or the current
foster | 17 | | parent or relative
caregiver seeking private guardianship | 18 | | may file a motion for private
guardianship of the minor. | 19 | | Appointment of a guardian under this Section
requires | 20 | | approval of the court.
| 21 | | (b) The State's Attorney may file a motion to terminate | 22 | | parental rights of
any parent who has failed to make | 23 | | reasonable efforts to correct the conditions
which led to | 24 | | the removal of the child or reasonable progress toward the | 25 | | return
of the child, as defined in subdivision (D)(m) of | 26 | | Section 1 of the Adoption Act
or for whom any other |
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| 1 | | unfitness ground for terminating parental rights as
| 2 | | defined in subdivision (D) of Section 1 of the Adoption Act | 3 | | exists. | 4 | | When parental rights have been terminated for a minimum | 5 | | of 3 years and the child who is the subject of the | 6 | | permanency hearing is 13 years old or older and is not | 7 | | currently placed in a placement likely to achieve | 8 | | permanency, the Department of
Children and Family Services | 9 | | shall make reasonable efforts to locate parents whose | 10 | | rights have been terminated, except when the Court | 11 | | determines that those efforts would be futile or | 12 | | inconsistent with the subject child's best interests. The | 13 | | Department of
Children and Family Services shall assess the | 14 | | appropriateness of the parent whose rights have been | 15 | | terminated, and shall, as appropriate, foster and support | 16 | | connections between the parent whose rights have been | 17 | | terminated and the youth. The Department of
Children and | 18 | | Family Services shall document its determinations and | 19 | | efforts to foster connections in the child's case plan.
| 20 | | Custody of the minor shall not be restored to any parent, | 21 | | guardian or legal
custodian in any case in which the minor is | 22 | | found to be neglected or abused
under Section 2-3 or dependent | 23 | | under Section 2-4 of this Act, unless the
minor can be cared | 24 | | for at home
without endangering his or her health or safety and | 25 | | it is in the best
interest of the minor,
and if such neglect, | 26 | | abuse, or dependency is found by the court
under paragraph (1) |
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| 1 | | of Section 2-21 of this Act to have come
about due to the acts | 2 | | or omissions or both of such parent, guardian or legal
| 3 | | custodian, until such time as an investigation is made as | 4 | | provided in
paragraph (5) and a hearing is held on the issue of | 5 | | the health,
safety and
best interest of the minor and the | 6 | | fitness of such
parent, guardian or legal custodian to care for | 7 | | the minor and the court
enters an order that such parent, | 8 | | guardian or legal custodian is fit to
care for the minor. If a | 9 | | motion is filed to modify or
vacate a private guardianship | 10 | | order and return the child to a parent, guardian, or legal | 11 | | custodian, the
court may order the Department of Children and | 12 | | Family Services to assess the minor's current and
proposed | 13 | | living arrangements and to provide ongoing monitoring of the | 14 | | health, safety, and best interest
of the minor during the | 15 | | pendency of the motion to assist the court in making that | 16 | | determination. In the event that the minor has attained 18 | 17 | | years
of age and the guardian or custodian petitions the court | 18 | | for an order
terminating his guardianship or custody, | 19 | | guardianship or custody shall
terminate automatically 30 days | 20 | | after the receipt of the petition unless
the court orders | 21 | | otherwise. No legal custodian or guardian of the
person may be | 22 | | removed without his consent until given notice and an
| 23 | | opportunity to be heard by the court.
| 24 | | When the court orders a child restored to the custody of | 25 | | the parent or
parents, the court shall order the parent or | 26 | | parents to cooperate with the
Department of Children and Family |
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| 1 | | Services and comply with the terms of an
after-care plan, or | 2 | | risk the loss of custody of the child and possible
termination | 3 | | of their parental rights. The court may also enter an order of
| 4 | | protective supervision in accordance with Section 2-24.
| 5 | | If the minor is being restored to the custody of a parent, | 6 | | legal custodian, or guardian who lives
outside of Illinois, and | 7 | | there is not an Interstate Compact in place, the court may | 8 | | order the
Department of Children and Family Services to arrange | 9 | | for an assessment of the minor's
proposed living arrangement | 10 | | and for ongoing monitoring of the health, safety, and best
| 11 | | interest of the minor and compliance with any order of | 12 | | protective supervision entered in
accordance with Section | 13 | | 2-24. | 14 | | (5) Whenever a parent, guardian, or legal custodian files a | 15 | | motion for
restoration of custody of the minor, and the minor | 16 | | was adjudicated
neglected, abused, or dependent as a result of | 17 | | physical abuse,
the court shall cause to be
made an | 18 | | investigation as to whether the movant has ever been charged
| 19 | | with or convicted of any criminal offense which would indicate | 20 | | the
likelihood of any further physical abuse to the minor. | 21 | | Evidence of such
criminal convictions shall be taken into | 22 | | account in determining whether the
minor can be cared for at | 23 | | home without endangering his or her health or safety
and | 24 | | fitness of the parent, guardian, or legal custodian.
| 25 | | (a) Any agency of this State or any subdivision thereof | 26 | | shall
co-operate with the agent of the court in providing |
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| 1 | | any information
sought in the investigation.
| 2 | | (b) The information derived from the investigation and | 3 | | any
conclusions or recommendations derived from the | 4 | | information shall be
provided to the parent, guardian, or | 5 | | legal custodian seeking restoration
of custody prior to the | 6 | | hearing on fitness and the movant shall have
an opportunity | 7 | | at the hearing to refute the information or contest its
| 8 | | significance.
| 9 | | (c) All information obtained from any investigation | 10 | | shall be confidential
as provided in Section 5-150 of this | 11 | | Act.
| 12 | | (Source: P.A. 100-45, eff. 8-11-17; 100-136, eff. 8-18-17; | 13 | | 100-229, eff. 1-1-18; 100-863, eff. 8-14-18; 100-978, eff. | 14 | | 8-19-18; 101-63, eff. 10-1-19 .)
| 15 | | (705 ILCS 405/2-33)
| 16 | | Sec. 2-33. Supplemental petition to reinstate wardship.
| 17 | | (1) Any time prior to a minor's 18th birthday, pursuant to | 18 | | a supplemental
petition filed under this Section, the court may | 19 | | reinstate wardship and open a
previously closed case when:
| 20 | | (a) wardship and guardianship under the Juvenile Court | 21 | | Act of 1987 was
vacated in
conjunction with the appointment | 22 | | of a private guardian under the Probate Act of
1975;
| 23 | | (b) the minor is not presently a ward of the court | 24 | | under Article II of
this Act nor is there a petition for | 25 | | adjudication of wardship pending on behalf
of the minor; |
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| 1 | | and
| 2 | | (c) it is in the minor's best interest that wardship be | 3 | | reinstated.
| 4 | | (2) Any time prior to a minor's 21st birthday, pursuant to | 5 | | a supplemental petition filed under this Section, the court may | 6 | | reinstate wardship and open a previously closed case when: | 7 | | (a) wardship and guardianship under this Act was | 8 | | vacated pursuant to: | 9 | | (i) an order entered under subsection (2) of | 10 | | Section 2-31 in the case of a minor over the age of 18; | 11 | | (ii) closure of a case under subsection (2) of | 12 | | Section 2-31 in the case of a minor under the age of 18 | 13 | | who has been partially or completely emancipated in | 14 | | accordance with the Emancipation of Minors Act; or | 15 | | (iii) an order entered under subsection (3) of | 16 | | Section 2-31 based on the minor's attaining the age of | 17 | | 19 years before the effective date of this amendatory | 18 | | Act of the 101st General Assembly; | 19 | | (b) the minor is not presently a ward of the court | 20 | | under Article II of this Act nor is there a petition for | 21 | | adjudication of wardship pending on behalf of the minor; | 22 | | and | 23 | | (c) it is in the minor's best interest that wardship be | 24 | | reinstated. | 25 | | (3) The supplemental petition must be filed in the same | 26 | | proceeding in which
the original adjudication order was |
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| 1 | | entered. Unless excused by court for good
cause shown, the | 2 | | petitioner shall give notice of the time and place of the
| 3 | | hearing on the supplemental petition, in person or by mail, to | 4 | | the minor, if
the
minor is 14 years of age or older, and to the | 5 | | parties to the juvenile court
proceeding.
Notice shall be | 6 | | provided at least 3 court days in advance of the hearing
date.
| 7 | | (3.5) Whenever a petition is filed to reinstate wardship | 8 | | pursuant to subsection (1), prior to granting the
petition, the | 9 | | court may order the Department of Children and Family Services | 10 | | to assess the minor's current
and proposed living arrangements | 11 | | and to provide ongoing monitoring of the health, safety, and | 12 | | best interest
of the minor during the pendency of the petition | 13 | | to assist the court in making that determination. | 14 | | (4) A minor who is the subject of a petition to reinstate | 15 | | wardship under this Section shall be provided with | 16 | | representation in accordance with Sections 1-5 and 2-17 of this | 17 | | Act. | 18 | | (5) Whenever a minor is committed to the Department of | 19 | | Children and Family Services for care and services following | 20 | | the reinstatement of wardship under this Section, the | 21 | | Department shall: | 22 | | (a) Within 30 days of such commitment, prepare and file | 23 | | with the court a case plan which complies with the federal | 24 | | Adoption Assistance and Child Welfare Act of 1980 and is | 25 | | consistent with the health, safety and best interests of | 26 | | the minor; and |
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| 1 | | (b) Promptly refer the minor for such services as are | 2 | | necessary and consistent with the minor's health, safety | 3 | | and best interests. | 4 | | (Source: P.A. 101-78, eff. 7-12-19.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.
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