Illinois General Assembly - Full Text of HB4964
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Full Text of HB4964  102nd General Assembly

HB4964ham002 102ND GENERAL ASSEMBLY

Rep. Dave Vella

Filed: 3/1/2022

 

 


 

 


 
10200HB4964ham002LRB102 25433 LNS 37229 a

1
AMENDMENT TO HOUSE BILL 4964

2    AMENDMENT NO. ______. Amend House Bill 4964 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Juvenile Court Act of 1987 is amended by
5changing Sections 2-3 and 2-10 as follows:
 
6    (705 ILCS 405/2-3)  (from Ch. 37, par. 802-3)
7    Sec. 2-3. Neglected or abused minor.
8    (1) Those who are neglected include:
9        (a) any minor under 18 years of age or a minor 18 years
10    of age or older for whom the court has made a finding of
11    probable cause to believe that the minor is abused,
12    neglected, or dependent under subsection (1) of Section
13    2-10 prior to the minor's 18th birthday who is not
14    receiving the proper or necessary support, education as
15    required by law, or medical or other remedial care
16    recognized under State law as necessary for a minor's

 

 

10200HB4964ham002- 2 -LRB102 25433 LNS 37229 a

1    well-being, or other care necessary for his or her
2    well-being, including adequate food, clothing and shelter,
3    or who is abandoned by his or her parent or parents or
4    other person or persons responsible for the minor's
5    welfare, except that a minor shall not be considered
6    neglected for the sole reason that the minor's parent or
7    parents or other person or persons responsible for the
8    minor's welfare have left the minor in the care of an adult
9    relative for any period of time, who the parent or parents
10    or other person responsible for the minor's welfare know
11    is both a mentally capable adult relative and physically
12    capable adult relative, as defined by this Act; or
13        (b) any minor under 18 years of age or a minor 18 years
14    of age or older for whom the court has made a finding of
15    probable cause to believe that the minor is abused,
16    neglected, or dependent under subsection (1) of Section
17    2-10 prior to the minor's 18th birthday whose environment
18    is injurious to his or her welfare; or
19        (c) any newborn infant whose blood, urine, or meconium
20    contains any amount of a controlled substance as defined
21    in subsection (f) of Section 102 of the Illinois
22    Controlled Substances Act, as now or hereafter amended, or
23    a metabolite of a controlled substance, with the exception
24    of controlled substances or metabolites of such
25    substances, the presence of which in the newborn infant is
26    the result of medical treatment administered to the mother

 

 

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1    or the newborn infant; or
2        (d) any minor under the age of 14 years whose parent or
3    other person responsible for the minor's welfare leaves
4    the minor without supervision for an unreasonable period
5    of time without regard for the mental or physical health,
6    safety, or welfare of that minor; or
7        (e) any minor who has been provided with interim
8    crisis intervention services under Section 3-5 of this Act
9    and whose parent, guardian, or custodian refuses to permit
10    the minor to return home unless the minor is an immediate
11    physical danger to himself, herself, or others living in
12    the home.
13    Whether the minor was left without regard for the mental
14or physical health, safety, or welfare of that minor or the
15period of time was unreasonable shall be determined by
16considering the following factors, including but not limited
17to:
18        (1) the age of the minor;
19        (2) the number of minors left at the location;
20        (3) special needs of the minor, including whether the
21    minor is a person with a physical or mental disability, or
22    otherwise in need of ongoing prescribed medical treatment
23    such as periodic doses of insulin or other medications;
24        (4) the duration of time in which the minor was left
25    without supervision;
26        (5) the condition and location of the place where the

 

 

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1    minor was left without supervision;
2        (6) the time of day or night when the minor was left
3    without supervision;
4        (7) the weather conditions, including whether the
5    minor was left in a location with adequate protection from
6    the natural elements such as adequate heat or light;
7        (8) the location of the parent or guardian at the time
8    the minor was left without supervision, the physical
9    distance the minor was from the parent or guardian at the
10    time the minor was without supervision;
11        (9) whether the minor's movement was restricted, or
12    the minor was otherwise locked within a room or other
13    structure;
14        (10) whether the minor was given a phone number of a
15    person or location to call in the event of an emergency and
16    whether the minor was capable of making an emergency call;
17        (11) whether there was food and other provision left
18    for the minor;
19        (12) whether any of the conduct is attributable to
20    economic hardship or illness and the parent, guardian or
21    other person having physical custody or control of the
22    child made a good faith effort to provide for the health
23    and safety of the minor;
24        (13) the age and physical and mental capabilities of
25    the person or persons who provided supervision for the
26    minor;

 

 

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1        (14) whether the minor was left under the supervision
2    of another person;
3        (15) any other factor that would endanger the health
4    and safety of that particular minor.
5    A minor shall not be considered neglected for the sole
6reason that the minor has been relinquished in accordance with
7the Abandoned Newborn Infant Protection Act.
8    (2) Those who are abused include any minor under 18 years
9of age or a minor 18 years of age or older for whom the court
10has made a finding of probable cause to believe that the minor
11is abused, neglected, or dependent under subsection (1) of
12Section 2-10 prior to the minor's 18th birthday whose parent
13or immediate family member, or any person responsible for the
14minor's welfare, or any person who is in the same family or
15household as the minor, or any individual residing in the same
16home as the minor, or a paramour of the minor's parent:
17        (i) inflicts, causes to be inflicted, or allows to be
18    inflicted upon such minor physical injury, by other than
19    accidental means, which causes death, disfigurement,
20    impairment of physical or emotional health, or loss or
21    impairment of any bodily function;
22        (ii) creates a substantial risk of physical injury to
23    such minor by other than accidental means which would be
24    likely to cause death, disfigurement, impairment of
25    emotional health, or loss or impairment of any bodily
26    function;

 

 

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1        (iii) commits or allows to be committed any sex
2    offense against such minor, as such sex offenses are
3    defined in the Criminal Code of 1961 or the Criminal Code
4    of 2012, or in the Wrongs to Children Act, and extending
5    those definitions of sex offenses to include minors under
6    18 years of age;
7        (iv) commits or allows to be committed an act or acts
8    of torture upon such minor;
9        (v) inflicts excessive corporal punishment;
10        (vi) commits or allows to be committed the offense of
11    involuntary servitude, involuntary sexual servitude of a
12    minor, or trafficking in persons as defined in Section
13    10-9 of the Criminal Code of 1961 or the Criminal Code of
14    2012, upon such minor; or
15        (vii) allows, encourages or requires a minor to commit
16    any act of prostitution, as defined in the Criminal Code
17    of 1961 or the Criminal Code of 2012, and extending those
18    definitions to include minors under 18 years of age.
19    A minor shall not be considered abused for the sole reason
20that the minor has been relinquished in accordance with the
21Abandoned Newborn Infant Protection Act.
22    (3) This Section does not apply to a minor who would be
23included herein solely for the purpose of qualifying for
24financial assistance for himself, his parents, guardian or
25custodian.
26    (4) The changes made by this amendatory Act of the 101st

 

 

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1General Assembly apply to a case that is pending on or after
2the effective date of this amendatory Act of the 101st General
3Assembly.
4    (5) A court shall not make a finding of probable cause that
5a minor is abused or neglected under this Section based only on
6a parent, guardian, or custodian disclosing that the parent,
7guardian, or custodian is (i) the victim of domestic violence,
8as defined by the Illinois Domestic Violence Act of 1986, (ii)
9seeking or accessing services for domestic violence, and (iii)
10not living in the same home as the perpetrator of the domestic
11violence.
12(Source: P.A. 101-79, eff. 7-12-19.)
 
13    (705 ILCS 405/2-10)  (from Ch. 37, par. 802-10)
14    Sec. 2-10. Temporary custody hearing. At the appearance of
15the minor before the court at the temporary custody hearing,
16all witnesses present shall be examined before the court in
17relation to any matter connected with the allegations made in
18the petition.
19    (1) If the court finds that there is not probable cause to
20believe that the minor is abused, neglected or dependent it
21shall release the minor and dismiss the petition.
22    (2) If the court finds that there is probable cause to
23believe that the minor is abused, neglected or dependent, the
24court shall state in writing the factual basis supporting its
25finding and the minor, his or her parent, guardian, custodian

 

 

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1and other persons able to give relevant testimony shall be
2examined before the court. The Department of Children and
3Family Services shall give testimony concerning indicated
4reports of abuse and neglect, of which they are aware through
5the central registry, involving the minor's parent, guardian
6or custodian. After such testimony, the court may, consistent
7with the health, safety and best interests of the minor, enter
8an order that the minor shall be released upon the request of
9parent, guardian or custodian if the parent, guardian or
10custodian appears to take custody. If it is determined that a
11parent's, guardian's, or custodian's compliance with critical
12services mitigates the necessity for removal of the minor from
13his or her home, the court may enter an Order of Protection
14setting forth reasonable conditions of behavior that a parent,
15guardian, or custodian must observe for a specified period of
16time, not to exceed 12 months, without a violation; provided,
17however, that the 12-month period shall begin anew after any
18violation. "Custodian" includes the Department of Children and
19Family Services, if it has been given custody of the child, or
20any other agency of the State which has been given custody or
21wardship of the child. If it is consistent with the health,
22safety and best interests of the minor, the court may also
23prescribe shelter care and order that the minor be kept in a
24suitable place designated by the court or in a shelter care
25facility designated by the Department of Children and Family
26Services or a licensed child welfare agency; however, on and

 

 

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1after January 1, 2015 (the effective date of Public Act
298-803) and before January 1, 2017, a minor charged with a
3criminal offense under the Criminal Code of 1961 or the
4Criminal Code of 2012 or adjudicated delinquent shall not be
5placed in the custody of or committed to the Department of
6Children and Family Services by any court, except a minor less
7than 16 years of age and committed to the Department of
8Children and Family Services under Section 5-710 of this Act
9or a minor for whom an independent basis of abuse, neglect, or
10dependency exists; and on and after January 1, 2017, a minor
11charged with a criminal offense under the Criminal Code of
121961 or the Criminal Code of 2012 or adjudicated delinquent
13shall not be placed in the custody of or committed to the
14Department of Children and Family Services by any court,
15except a minor less than 15 years of age and committed to the
16Department of Children and Family Services under Section 5-710
17of this Act or a minor for whom an independent basis of abuse,
18neglect, or dependency exists. An independent basis exists
19when the allegations or adjudication of abuse, neglect, or
20dependency do not arise from the same facts, incident, or
21circumstances which give rise to a charge or adjudication of
22delinquency.
23    Notwithstanding any other provision of this Section, the
24court may not enter an order to place the minor in shelter
25care, commit the minor to the Department of Children and
26Family Services, or otherwise remove the minor from the

 

 

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1minor's home based on only a disclosure by the minor's parent,
2guardian, or custodian that the minor's parent, guardian, or
3custodian is (i) a victim of domestic violence, as defined by
4the Illinois Domestic Violence Act of 1986, (ii) seeking or
5accessing services for domestic violence, and (iii) not living
6in the same home as the perpetrator of the domestic violence.
7    In placing the minor, the Department or other agency
8shall, to the extent compatible with the court's order, comply
9with Section 7 of the Children and Family Services Act. In
10determining the health, safety and best interests of the minor
11to prescribe shelter care, the court must find that it is a
12matter of immediate and urgent necessity for the safety and
13protection of the minor or of the person or property of another
14that the minor be placed in a shelter care facility or that he
15or she is likely to flee the jurisdiction of the court, and
16must further find that reasonable efforts have been made or
17that, consistent with the health, safety and best interests of
18the minor, no efforts reasonably can be made to prevent or
19eliminate the necessity of removal of the minor from his or her
20home. The court shall require documentation from the
21Department of Children and Family Services as to the
22reasonable efforts that were made to prevent or eliminate the
23necessity of removal of the minor from his or her home or the
24reasons why no efforts reasonably could be made to prevent or
25eliminate the necessity of removal. When a minor is placed in
26the home of a relative, the Department of Children and Family

 

 

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1Services shall complete a preliminary background review of the
2members of the minor's custodian's household in accordance
3with Section 4.3 of the Child Care Act of 1969 within 90 days
4of that placement. If the minor is ordered placed in a shelter
5care facility of the Department of Children and Family
6Services or a licensed child welfare agency, the court shall,
7upon request of the appropriate Department or other agency,
8appoint the Department of Children and Family Services
9Guardianship Administrator or other appropriate agency
10executive temporary custodian of the minor and the court may
11enter such other orders related to the temporary custody as it
12deems fit and proper, including the provision of services to
13the minor or his family to ameliorate the causes contributing
14to the finding of probable cause or to the finding of the
15existence of immediate and urgent necessity.
16    Where the Department of Children and Family Services
17Guardianship Administrator is appointed as the executive
18temporary custodian, the Department of Children and Family
19Services shall file with the court and serve on the parties a
20parent-child visiting plan, within 10 days, excluding weekends
21and holidays, after the appointment. The parent-child visiting
22plan shall set out the time and place of visits, the frequency
23of visits, the length of visits, who shall be present at the
24visits, and where appropriate, the minor's opportunities to
25have telephone and mail communication with the parents.
26    Where the Department of Children and Family Services

 

 

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1Guardianship Administrator is appointed as the executive
2temporary custodian, and when the child has siblings in care,
3the Department of Children and Family Services shall file with
4the court and serve on the parties a sibling placement and
5contact plan within 10 days, excluding weekends and holidays,
6after the appointment. The sibling placement and contact plan
7shall set forth whether the siblings are placed together, and
8if they are not placed together, what, if any, efforts are
9being made to place them together. If the Department has
10determined that it is not in a child's best interest to be
11placed with a sibling, the Department shall document in the
12sibling placement and contact plan the basis for its
13determination. For siblings placed separately, the sibling
14placement and contact plan shall set the time and place for
15visits, the frequency of the visits, the length of visits, who
16shall be present for the visits, and where appropriate, the
17child's opportunities to have contact with their siblings in
18addition to in person contact. If the Department determines it
19is not in the best interest of a sibling to have contact with a
20sibling, the Department shall document in the sibling
21placement and contact plan the basis for its determination.
22The sibling placement and contact plan shall specify a date
23for development of the Sibling Contact Support Plan, under
24subsection (f) of Section 7.4 of the Children and Family
25Services Act, and shall remain in effect until the Sibling
26Contact Support Plan is developed.

 

 

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1    For good cause, the court may waive the requirement to
2file the parent-child visiting plan or the sibling placement
3and contact plan, or extend the time for filing either plan.
4Any party may, by motion, request the court to review the
5parent-child visiting plan to determine whether it is
6reasonably calculated to expeditiously facilitate the
7achievement of the permanency goal. A party may, by motion,
8request the court to review the parent-child visiting plan or
9the sibling placement and contact plan to determine whether it
10is consistent with the minor's best interest. The court may
11refer the parties to mediation where available. The frequency,
12duration, and locations of visitation shall be measured by the
13needs of the child and family, and not by the convenience of
14Department personnel. Child development principles shall be
15considered by the court in its analysis of how frequent
16visitation should be, how long it should last, where it should
17take place, and who should be present. If upon motion of the
18party to review either plan and after receiving evidence, the
19court determines that the parent-child visiting plan is not
20reasonably calculated to expeditiously facilitate the
21achievement of the permanency goal or that the restrictions
22placed on parent-child contact or sibling placement or contact
23are contrary to the child's best interests, the court shall
24put in writing the factual basis supporting the determination
25and enter specific findings based on the evidence. The court
26shall enter an order for the Department to implement changes

 

 

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1to the parent-child visiting plan or sibling placement or
2contact plan, consistent with the court's findings. At any
3stage of proceeding, any party may by motion request the court
4to enter any orders necessary to implement the parent-child
5visiting plan, sibling placement or contact plan or
6subsequently developed Sibling Contact Support Plan. Nothing
7under this subsection (2) shall restrict the court from
8granting discretionary authority to the Department to increase
9opportunities for additional parent-child contacts or sibling
10contacts, without further court orders. Nothing in this
11subsection (2) shall restrict the Department from immediately
12restricting or terminating parent-child contact or sibling
13contacts, without either amending the parent-child visiting
14plan or the sibling contact plan or obtaining a court order,
15where the Department or its assigns reasonably believe there
16is an immediate need to protect the child's health, safety,
17and welfare. Such restrictions or terminations must be based
18on available facts to the Department and its assigns when
19viewed in light of the surrounding circumstances and shall
20only occur on an individual case-by-case basis. The Department
21shall file with the court and serve on the parties any
22amendments to the plan within 10 days, excluding weekends and
23holidays, of the change of the visitation.
24    Acceptance of services shall not be considered an
25admission of any allegation in a petition made pursuant to
26this Act, nor may a referral of services be considered as

 

 

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1evidence in any proceeding pursuant to this Act, except where
2the issue is whether the Department has made reasonable
3efforts to reunite the family. In making its findings that it
4is consistent with the health, safety and best interests of
5the minor to prescribe shelter care, the court shall state in
6writing (i) the factual basis supporting its findings
7concerning the immediate and urgent necessity for the
8protection of the minor or of the person or property of another
9and (ii) the factual basis supporting its findings that
10reasonable efforts were made to prevent or eliminate the
11removal of the minor from his or her home or that no efforts
12reasonably could be made to prevent or eliminate the removal
13of the minor from his or her home. The parents, guardian,
14custodian, temporary custodian and minor shall each be
15furnished a copy of such written findings. The temporary
16custodian shall maintain a copy of the court order and written
17findings in the case record for the child. The order together
18with the court's findings of fact in support thereof shall be
19entered of record in the court.
20    Once the court finds that it is a matter of immediate and
21urgent necessity for the protection of the minor that the
22minor be placed in a shelter care facility, the minor shall not
23be returned to the parent, custodian or guardian until the
24court finds that such placement is no longer necessary for the
25protection of the minor.
26    If the child is placed in the temporary custody of the

 

 

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1Department of Children and Family Services for his or her
2protection, the court shall admonish the parents, guardian,
3custodian or responsible relative that the parents must
4cooperate with the Department of Children and Family Services,
5comply with the terms of the service plans, and correct the
6conditions which require the child to be in care, or risk
7termination of their parental rights. The court shall ensure,
8by inquiring in open court of each parent, guardian, custodian
9or responsible relative, that the parent, guardian, custodian
10or responsible relative has had the opportunity to provide the
11Department with all known names, addresses, and telephone
12numbers of each of the minor's living maternal and paternal
13adult relatives, including, but not limited to, grandparents,
14aunts, uncles, and siblings. The court shall advise the
15parents, guardian, custodian or responsible relative to inform
16the Department if additional information regarding the minor's
17adult relatives becomes available.
18    (3) If prior to the shelter care hearing for a minor
19described in Sections 2-3, 2-4, 3-3 and 4-3 the moving party is
20unable to serve notice on the party respondent, the shelter
21care hearing may proceed ex parte. A shelter care order from an
22ex parte hearing shall be endorsed with the date and hour of
23issuance and shall be filed with the clerk's office and
24entered of record. The order shall expire after 10 days from
25the time it is issued unless before its expiration it is
26renewed, at a hearing upon appearance of the party respondent,

 

 

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1or upon an affidavit of the moving party as to all diligent
2efforts to notify the party respondent by notice as herein
3prescribed. The notice prescribed shall be in writing and
4shall be personally delivered to the minor or the minor's
5attorney and to the last known address of the other person or
6persons entitled to notice. The notice shall also state the
7nature of the allegations, the nature of the order sought by
8the State, including whether temporary custody is sought, and
9the consequences of failure to appear and shall contain a
10notice that the parties will not be entitled to further
11written notices or publication notices of proceedings in this
12case, including the filing of an amended petition or a motion
13to terminate parental rights, except as required by Supreme
14Court Rule 11; and shall explain the right of the parties and
15the procedures to vacate or modify a shelter care order as
16provided in this Section. The notice for a shelter care
17hearing shall be substantially as follows:
18
NOTICE TO PARENTS AND CHILDREN
19
OF SHELTER CARE HEARING
20        On ................ at ........., before the Honorable
21    ................, (address:) ................., the State
22    of Illinois will present evidence (1) that (name of child
23    or children) ....................... are abused, neglected
24    or dependent for the following reasons:
25    .............................................. and (2)
26    whether there is "immediate and urgent necessity" to

 

 

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1    remove the child or children from the responsible
2    relative.
3        YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
4    PLACEMENT of the child or children in foster care until a
5    trial can be held. A trial may not be held for up to 90
6    days. You will not be entitled to further notices of
7    proceedings in this case, including the filing of an
8    amended petition or a motion to terminate parental rights.
9        At the shelter care hearing, parents have the
10    following rights:
11            1. To ask the court to appoint a lawyer if they
12        cannot afford one.
13            2. To ask the court to continue the hearing to
14        allow them time to prepare.
15            3. To present evidence concerning:
16                a. Whether or not the child or children were
17            abused, neglected or dependent.
18                b. Whether or not there is "immediate and
19            urgent necessity" to remove the child from home
20            (including: their ability to care for the child,
21            conditions in the home, alternative means of
22            protecting the child other than removal).
23                c. The best interests of the child.
24            4. To cross examine the State's witnesses.
 
25    The Notice for rehearings shall be substantially as

 

 

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1follows:
2
NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
3
TO REHEARING ON TEMPORARY CUSTODY
4        If you were not present at and did not have adequate
5    notice of the Shelter Care Hearing at which temporary
6    custody of ............... was awarded to
7    ................, you have the right to request a full
8    rehearing on whether the State should have temporary
9    custody of ................. To request this rehearing,
10    you must file with the Clerk of the Juvenile Court
11    (address): ........................, in person or by
12    mailing a statement (affidavit) setting forth the
13    following:
14            1. That you were not present at the shelter care
15        hearing.
16            2. That you did not get adequate notice
17        (explaining how the notice was inadequate).
18            3. Your signature.
19            4. Signature must be notarized.
20        The rehearing should be scheduled within 48 hours of
21    your filing this affidavit.
22        At the rehearing, your rights are the same as at the
23    initial shelter care hearing. The enclosed notice explains
24    those rights.
25        At the Shelter Care Hearing, children have the
26    following rights:

 

 

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1            1. To have a guardian ad litem appointed.
2            2. To be declared competent as a witness and to
3        present testimony concerning:
4                a. Whether they are abused, neglected or
5            dependent.
6                b. Whether there is "immediate and urgent
7            necessity" to be removed from home.
8                c. Their best interests.
9            3. To cross examine witnesses for other parties.
10            4. To obtain an explanation of any proceedings and
11        orders of the court.
12    (4) If the parent, guardian, legal custodian, responsible
13relative, minor age 8 or over, or counsel of the minor did not
14have actual notice of or was not present at the shelter care
15hearing, he or she may file an affidavit setting forth these
16facts, and the clerk shall set the matter for rehearing not
17later than 48 hours, excluding Sundays and legal holidays,
18after the filing of the affidavit. At the rehearing, the court
19shall proceed in the same manner as upon the original hearing.
20    (5) Only when there is reasonable cause to believe that
21the minor taken into custody is a person described in
22subsection (3) of Section 5-105 may the minor be kept or
23detained in a detention home or county or municipal jail. This
24Section shall in no way be construed to limit subsection (6).
25    (6) No minor under 16 years of age may be confined in a
26jail or place ordinarily used for the confinement of prisoners

 

 

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1in a police station. Minors under 18 years of age must be kept
2separate from confined adults and may not at any time be kept
3in the same cell, room, or yard with adults confined pursuant
4to the criminal law.
5    (7) If the minor is not brought before a judicial officer
6within the time period as specified in Section 2-9, the minor
7must immediately be released from custody.
8    (8) If neither the parent, guardian or custodian appears
9within 24 hours to take custody of a minor released upon
10request pursuant to subsection (2) of this Section, then the
11clerk of the court shall set the matter for rehearing not later
12than 7 days after the original order and shall issue a summons
13directed to the parent, guardian or custodian to appear. At
14the same time the probation department shall prepare a report
15on the minor. If a parent, guardian or custodian does not
16appear at such rehearing, the judge may enter an order
17prescribing that the minor be kept in a suitable place
18designated by the Department of Children and Family Services
19or a licensed child welfare agency.
20    (9) Notwithstanding any other provision of this Section
21any interested party, including the State, the temporary
22custodian, an agency providing services to the minor or family
23under a service plan pursuant to Section 8.2 of the Abused and
24Neglected Child Reporting Act, foster parent, or any of their
25representatives, on notice to all parties entitled to notice,
26may file a motion that it is in the best interests of the minor

 

 

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1to modify or vacate a temporary custody order on any of the
2following grounds:
3        (a) It is no longer a matter of immediate and urgent
4    necessity that the minor remain in shelter care; or
5        (b) There is a material change in the circumstances of
6    the natural family from which the minor was removed and
7    the child can be cared for at home without endangering the
8    child's health or safety; or
9        (c) A person not a party to the alleged abuse, neglect
10    or dependency, including a parent, relative or legal
11    guardian, is capable of assuming temporary custody of the
12    minor; or
13        (d) Services provided by the Department of Children
14    and Family Services or a child welfare agency or other
15    service provider have been successful in eliminating the
16    need for temporary custody and the child can be cared for
17    at home without endangering the child's health or safety.
18    In ruling on the motion, the court shall determine whether
19it is consistent with the health, safety and best interests of
20the minor to modify or vacate a temporary custody order. If the
21minor is being restored to the custody of a parent, legal
22custodian, or guardian who lives outside of Illinois, and an
23Interstate Compact has been requested and refused, the court
24may order the Department of Children and Family Services to
25arrange for an assessment of the minor's proposed living
26arrangement and for ongoing monitoring of the health, safety,

 

 

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1and best interest of the minor and compliance with any order of
2protective supervision entered in accordance with Section 2-20
3or 2-25.
4    The clerk shall set the matter for hearing not later than
514 days after such motion is filed. In the event that the court
6modifies or vacates a temporary custody order but does not
7vacate its finding of probable cause, the court may order that
8appropriate services be continued or initiated in behalf of
9the minor and his or her family.
10    (10) When the court finds or has found that there is
11probable cause to believe a minor is an abused minor as
12described in subsection (2) of Section 2-3 and that there is an
13immediate and urgent necessity for the abused minor to be
14placed in shelter care, immediate and urgent necessity shall
15be presumed for any other minor residing in the same household
16as the abused minor provided:
17        (a) Such other minor is the subject of an abuse or
18    neglect petition pending before the court; and
19        (b) A party to the petition is seeking shelter care
20    for such other minor.
21    Once the presumption of immediate and urgent necessity has
22been raised, the burden of demonstrating the lack of immediate
23and urgent necessity shall be on any party that is opposing
24shelter care for the other minor.
25    (11) The changes made to this Section by Public Act 98-61
26apply to a minor who has been arrested or taken into custody on

 

 

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1or after January 1, 2014 (the effective date of Public Act
298-61).
3    (12) After the court has placed a minor in the care of a
4temporary custodian pursuant to this Section, any party may
5file a motion requesting the court to grant the temporary
6custodian the authority to serve as a surrogate decision maker
7for the minor under the Health Care Surrogate Act for purposes
8of making decisions pursuant to paragraph (1) of subsection
9(b) of Section 20 of the Health Care Surrogate Act. The court
10may grant the motion if it determines by clear and convincing
11evidence that it is in the best interests of the minor to grant
12the temporary custodian such authority. In making its
13determination, the court shall weigh the following factors in
14addition to considering the best interests factors listed in
15subsection (4.05) of Section 1-3 of this Act:
16        (a) the efforts to identify and locate the respondents
17    and adult family members of the minor and the results of
18    those efforts;
19        (b) the efforts to engage the respondents and adult
20    family members of the minor in decision making on behalf
21    of the minor;
22        (c) the length of time the efforts in paragraphs (a)
23    and (b) have been ongoing;
24        (d) the relationship between the respondents and adult
25    family members and the minor;
26        (e) medical testimony regarding the extent to which

 

 

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1    the minor is suffering and the impact of a delay in
2    decision-making on the minor; and
3        (f) any other factor the court deems relevant.
4    If the Department of Children and Family Services is the
5temporary custodian of the minor, in addition to the
6requirements of paragraph (1) of subsection (b) of Section 20
7of the Health Care Surrogate Act, the Department shall follow
8its rules and procedures in exercising authority granted under
9this subsection.
10(Source: P.A. 102-489, eff. 8-20-21; 102-502, eff. 1-1-22;
11revised 10-14-21.)".