SB1478 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1478

 

Introduced 2/7/2023, by Sen. Ann Gillespie

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 505/17a-16 new
20 ILCS 521/5
705 ILCS 405/1-5  from Ch. 37, par. 801-5
705 ILCS 405/1-6.5 new

    Amends the Children and Family Services Act. Creates the Due Process for Youth Oversight Commission (Commission) to oversee the creation and implementation of a youth's statutory right to counsel in abuse and neglect proceedings conducted in accordance with the Juvenile Court Act of 1987. Requires the Commission to provide direction and operational phases for implementation statewide, provide status reports and recommendations to the General Assembly regarding implementation, and provide ongoing implementation and program oversight for 5 years after statewide transition is completed. Contains provisions concerning the Commission's membership; term limits; scheduled meetings; data support provided by the Department of Children and Family Services; Commission duties; and the date of the Commission's dissolution. Amends the Foster Children's Bill of Rights Act. Expands the rights afforded to every child placed in foster care to include the right to have a court appoint an attorney to represent the youth in any abuse or neglect case who will advocate for the youth's wishes and make recommendations to the court regarding the youth's care. Provides that this right applies to court proceedings pending or commenced on or after a date established by the Commission by administrative rule. Amends the Juvenile Court Act of 1987. Provides that immediately upon the filing of an abuse or neglect petition, the court shall appoint counsel for each minor who is the subject of that petition, unless the minor has already retained counsel. Provides that this requirement shall apply to court proceedings pending or commenced on or after a date established by the Commission by administrative rule. Provides that each respondent in any petition filed under the Act who is 8 years of age or older shall be furnished a written "Notice of Rights" at or before the first hearing at which the respondent appears. Provides that counsel appointed by a court to represent a minor in neglect or abuse proceedings shall have a minimum of one in-person contact with the minor prior to each hearing and at least one in-person contact every quarter. Effective immediately.


LRB103 25788 KTG 52137 b

 

 

A BILL FOR

 

SB1478LRB103 25788 KTG 52137 b

1    AN ACT concerning children.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Children and Family Services Act is amended
5by adding Section 17a-16 as follows:
 
6    (20 ILCS 505/17a-16 new)
7    Sec. 17a-16. Due Process for Youth Oversight
8Commission.    
9    (a) Purpose. The Due Process for Youth Oversight
10Commission is created to oversee the creation and
11implementation of a youth's statutory right to counsel in
12proceedings conducted in accordance with Article II of the
13Juvenile Court Act of 1987. The Commission shall provide
14direction and operational phases for implementation statewide,
15provide status reports and recommendations to the General
16Assembly regarding implementation, and provide ongoing
17implementation and program oversight for 5 years after
18statewide transition is completed.
19    (b) Membership; operations. The Commission shall consist
20of the following members:
21        (1) One member of the Senate appointed by the Senate
22    President.
23        (2) One member of the Senate appointed by the Senate

 

 

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1    Minority Leader.
2        (3) One member of the House of Representatives
3    appointed by the Speaker of the House of Representatives.
4        (4) One member of the House of Representatives
5    appointed by the Minority Leader of the House of
6    Representatives.
7        (5) The Director of Children and Family Services or
8    the Director's designee.
9        (6) One member of the Governor's Office appointed by
10    the Governor.
11        (7) Two members who are judges from different counties
12    who preside over proceedings in accordance with Article II
13    of the Juvenile Court Act of 1987, appointed by the Chief
14    Justice of the Illinois Supreme Court.
15        (8) One member representing the Administrative Office
16    of the Illinois Courts, appointed by the Chief Justice of
17    the Illinois Supreme Court.
18        (9) The Public Defender of Cook County or that Public
19    Defender's designee.
20        (10) One member who provides legal representation on
21    behalf of an Office of the Public Defender from a central
22    region, appointed by that central region's Public
23    Defender.
24        (11) One member who provides legal representation on
25    behalf of an Office of the Public Defender from a
26    downstate county with a population less than 500,000,

 

 

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1    appointed by that downstate jurisdiction's Public
2    Defender.
3        (12) The Cook County Public Guardian, or the Cook
4    County Public Guardian's designee.
5        (13) One member who is licensed to practice law in the
6    State of Illinois and who provides client-directed legal
7    services to indigent persons on behalf of a not-for-profit
8    civil legal aid organization serving at least 5 counties
9    in Illinois, appointed by the Commission's co-chairs.
10        (14) One member who manages a major law firm's pro
11    bono program serving Illinois residents, appointed by the
12    Commission's co-chairs.
13        (15) One member from a State university law school who
14    is appointed as an attorney to represent minors in
15    proceedings pending under Article II of the Juvenile Court
16    Act of 1987 appointed by the Commission's co-chairs.
17        (16) Two members who have recent experience as youth
18    in the child welfare system, at least one of whom
19    identifies with a population disproportionately
20    overrepresented in the child welfare system, appointed by
21    the Commission's co-chairs.
22        (17) One member from a statewide organization
23    advocating for the advancement of civil liberties for at
24    least 80 years in Illinois, appointed by the Commission's
25    co-chairs.
26        (18) One member who is a licensed clinical social

 

 

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1    worker who is employed by a non-for-profit agency
2    contracted by the Department to provide services to youth
3    who are the subjects of cases pending under Article II of
4    the Juvenile Court Act of 1987, appointed by the
5    Commission's co-chairs.
6        (19) A licensed attorney who is a member of the
7    Illinois State Bar Association Child Law Section,
8    appointed by the Commission's co-chairs.
9    The Commission shall have 2 co-chairs, one of whom shall
10be the House member appointed under paragraph (3) by the
11Speaker of the House of Representatives and one of whom shall
12be the Senate member appointed under paragraph (1) by the
13President of the Senate. Members shall serve 5-year terms or
14until the Commission dissolves. If a vacancy occurs in the
15Commission membership, the vacancy shall be filled in the same
16manner as the original appointment for the remainder of the
17unexpired term. Commission members shall serve without
18compensation except for members appointed under paragraph (16)
19of this subsection who shall receive stipends provided or
20issued by the Department.
21    The Commission shall convene meetings on a quarterly basis
22at the direction of the co-chairs. The first meeting shall be
23noticed 30 days after the effective date of this amendatory
24Act of the 103rd General Assembly. At the direction of the
25Illinois Supreme Court, the Administrative Office of the
26Illinois Courts shall provide administrative support to the

 

 

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1Commission. The Commission shall dissolve 5 years after the
2effective date of this amendatory Act of the 103rd General
3Assembly.
4    For the full duration of the Commission and for the
5purposes of achieving the duties required under subsection
6(c), the Department of Children and Family Services shall
7provide the Commission with all necessary data held by the
8Department, with personal identifying information redacted. At
9the direction of the Illinois Supreme Court, the
10Administrative Office of the Illinois Courts shall provide
11necessary information to the Commission to aid the Commission
12in developing phases for statewide implementation of legal
13counsel for youth who are the subjects of proceedings pending
14under Article II of the Juvenile Court Act of 1987.
15    (c) Duties. No later than January 1, 2024, the Commission
16shall be authorized and empowered to take all action that is
17necessary and appropriate to complete the following duties:
18        (1) Review court practices and relevant case docket
19    data related to the provision of legal counsel to parties
20    in abuse and neglect proceedings.
21        (2) Provide recommendations on how to achieve the goal
22    of ensuring that each youth is appointed an attorney who
23    represents the youth in accordance with the Illinois Rules
24    of Professional Conduct, taking into account current
25    models of practice, applicable federal requirements, and
26    the feasibility of proposed models, including current

 

 

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1    resources and the time needed to develop resources
2    throughout the State.
3        (3) Provide recommendations regarding caseload levels
4    for attorneys who are appointed to represent youth in
5    pending cases arising under Article II of the Juvenile
6    Court Act of 1987. Such recommendations shall take into
7    account the jurisdictions in which cases are pending, the
8    percentage of the attorney's practice that is spent on
9    cases arising under Article II of the Juvenile Court Act
10    of 1987, the complexity of the cases, and other relevant
11    factors. Provide recommendations on how to ensure
12    adherence to recommended caseload levels.
13        (4) Provide recommendations to the Illinois Supreme
14    Court regarding any changes to any Illinois Supreme Court
15    rules that are applicable to the representation of youth
16    with pending cases arising under Article II of the
17    Juvenile Court Act of 1987.
18        (5) Develop and provide recommendations to the
19    Illinois Supreme Court regarding training for attorneys
20    who represent youth in proceedings pending under Article
21    II of the Juvenile Court Act.
22        (6) Make recommendations regarding the provision of a
23    written "Notice of Rights" as described in Section 1-5 of
24    the Juvenile Court Act of 1987 to every youth who is the
25    subject of a proceeding under Article II of the Juvenile
26    Court Act of 1987.

 

 

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1        (7) Determine a plan for reducing and eventually
2    eliminating the use of a single attorney filling the dual
3    role of guardian ad litem and client-directed attorney.
4        (8) Report findings and recommendations annually to
5    the Governor, the General Assembly, the Illinois Supreme
6    Court, and the Department of Children and Family Services
7    beginning the first year after the Commission convenes its
8    first meeting. The report shall include, but not be
9    limited to, the following:
10            (A) recommendations on the framework, guidelines,
11        implementation phases, and timeline or benchmarks for
12        the program providing attorneys to youth with pending
13        cases arising under Article II of the Juvenile Court
14        Act of 1987;
15            (B) recommendations for strengthening and
16        expanding attorney workforce capacity;
17            (C) implementation progress and oversight
18        findings;
19            (D) program funding and resource recommendations;
20        and
21            (E) recommended statutory changes to improve
22        program delivery.
 
23    Section 10. The Foster Children's Bill of Rights Act is
24amended by changing Section 5 as follows:
 

 

 

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1    (20 ILCS 521/5)
2    Sec. 5. Foster Children's Bill of Rights. It is the policy
3of this State that every child and adult in the care of the
4Department of Children and Family Services who is placed in
5foster care shall have the following rights:
6        (1) To live in a safe, healthy, and comfortable home
7    where he or she is treated with respect.
8        (2) To be free from physical, sexual, emotional, or
9    other abuse, or corporal punishment.
10        (3) To receive adequate and healthy food, adequate
11    clothing, and, for youth in group homes, residential
12    treatment facilities, and foster homes, an allowance.
13        (4) To receive medical, dental, vision, and mental
14    health services.
15        (5) To be free of the administration of medication or
16    chemical substances, unless authorized by a physician.
17        (6) To contact family members, unless prohibited by
18    court order, and social workers, attorneys, foster youth
19    advocates and supporters, Court Appointed Special
20    Advocates (CASAs), and probation officers.
21        (7) To visit and contact brothers and sisters, unless
22    prohibited by court order.
23        (8) To contact the Advocacy Office for Children and
24    Families established under the Children and Family
25    Services Act or the Department of Children and Family
26    Services' Office of the Inspector General regarding

 

 

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1    violations of rights, to speak to representatives of these
2    offices confidentially, and to be free from threats or
3    punishment for making complaints.
4        (9) To make and receive confidential telephone calls
5    and send and receive unopened mail, unless prohibited by
6    court order.
7        (10) To attend religious services and activities of
8    his or her choice.
9        (11) To maintain an emancipation bank account and
10    manage personal income, consistent with the child's age
11    and developmental level, unless prohibited by the case
12    plan.
13        (12) To not be locked in a room, building, or facility
14    premises, unless placed in a secure child care facility
15    licensed by the Department of Children and Family Services
16    under the Child Care Act of 1969 and placed pursuant to
17    Section 2-27.1 of the Juvenile Court Act of 1987.
18        (13) To attend school and participate in
19    extracurricular, cultural, and personal enrichment
20    activities, consistent with the child's age and
21    developmental level, with minimal disruptions to school
22    attendance and educational stability.
23        (14) To work and develop job skills at an
24    age-appropriate level, consistent with State law.
25        (15) To have social contacts with people outside of
26    the foster care system, including teachers, church

 

 

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1    members, mentors, and friends.
2        (16) If he or she meets age requirements, to attend
3    services and programs operated by the Department of
4    Children and Family Services or any other appropriate
5    State agency that aim to help current and former foster
6    youth achieve self-sufficiency prior to and after leaving
7    foster care.
8        (17) To attend court hearings and speak to the judge.
9        (18) To have storage space for private use.
10        (19) To be involved in the development of his or her
11    own case plan and plan for permanent placement.
12        (20) To review his or her own case plan and plan for
13    permanent placement, if he or she is 12 years of age or
14    older and in a permanent placement, and to receive
15    information about his or her out-of-home placement and
16    case plan, including being told of changes to the case
17    plan.
18        (21) To be free from unreasonable searches of personal
19    belongings.
20        (22) To the confidentiality of all juvenile court
21    records consistent with existing law.
22        (23) To have fair and equal access to all available
23    services, placement, care, treatment, and benefits, and to
24    not be subjected to discrimination or harassment on the
25    basis of actual or perceived race, ethnic group
26    identification, ancestry, national origin, color,

 

 

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1    religion, sex, sexual orientation, gender identity, mental
2    or physical disability, or HIV status.
3        (24) To have caregivers and child welfare personnel
4    who have received sensitivity training and instruction on
5    matters concerning race, ethnicity, national origin,
6    color, ancestry, religion, mental and physical disability,
7    and HIV status.
8        (25) To have caregivers and child welfare personnel
9    who have received instruction on cultural competency and
10    sensitivity relating to, and best practices for, providing
11    adequate care to lesbian, gay, bisexual, and transgender
12    youth in out-of-home care.
13        (26) At 16 years of age or older, to have access to
14    existing information regarding the educational options
15    available, including, but not limited to, the coursework
16    necessary for vocational and postsecondary educational
17    programs, and information regarding financial aid for
18    postsecondary education.
19        (27) To have access to age-appropriate, medically
20    accurate information about reproductive health care, the
21    prevention of unplanned pregnancy, and the prevention and
22    treatment of sexually transmitted infections at 12 years
23    of age or older.
24        (28) To receive a copy of this Act from and have it
25    fully explained by the Department of Children and Family
26    Services when the child or adult is placed in the care of

 

 

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1    the Department of Children and Family Services.
2        (29) To be placed in the least restrictive and most
3    family-like setting available and in close proximity to
4    his or her parent's home consistent with his or her
5    health, safety, best interests, and special needs.
6        (30) To participate in an age and developmentally
7    appropriate intake process immediately after placement in
8    the custody or guardianship of the Department. During the
9    intake process, the Department shall provide the youth
10    with a document describing inappropriate acts of
11    affection, discipline, and punishment by guardians, foster
12    parents, foster siblings, or any other adult responsible
13    for the youth's welfare. The Department shall review and
14    discuss the document with the child. The Department must
15    document completion of the intake process in the child's
16    records as well as giving a copy of the document to the
17    child.
18        (31) To participate in appropriate intervention and
19    counseling services after removal from the home of origin
20    in order to assess whether the youth is exhibiting signs
21    of traumatic stress, special needs, or mental illness.
22        (32) To receive a home visit by an assigned child
23    welfare specialist, per existing Department policies and
24    procedures, on a monthly basis or more frequently as
25    needed. In addition to what existing policies and
26    procedures outline, home visits shall be used to assess

 

 

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1    the youth's well-being and emotional health following
2    placement, to determine the youth's relationship with the
3    youth's guardian or foster parent or with any other adult
4    responsible for the youth's welfare or living in or
5    frequenting the home environment, and to determine what
6    forms of discipline, if any, the youth's guardian or
7    foster parent or any other person in the home environment
8    uses to correct the youth.
9        (33) To be enrolled in an independent living services
10    program prior to transitioning out of foster care where
11    the youth will receive classes and instruction,
12    appropriate to the youth's age and developmental capacity,
13    on independent living and self-sufficiency in the areas of
14    employment, finances, meals, and housing as well as help
15    in developing life skills and long-term goals.
16        (34) To be assessed by a third-party entity or agency
17    prior to enrollment in any independent living services
18    program in order to determine the youth's readiness for a
19    transition out of foster care based on the youth's
20    individual needs, emotional development, and ability,
21    regardless of age, to make a successful transition to
22    adulthood.
23        (35) To have a court appoint an attorney to represent
24    the youth in any case arising under Article II of the
25    Juvenile Court Act of 1987 who will advocate for the
26    youth's wishes and make recommendations to the court

 

 

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1    regarding the youth's care, including requests for court
2    intervention to address the youth's concerns, quality of
3    care, permanency goals, visitation, placement and service
4    plans, education, and needs. The changes made to this
5    Section by this amendatory Act of the 103rd General
6    Assembly apply to court proceedings pending or commenced
7    on or after a date established by the Due Process for Youth
8    Oversight Commission by administrative rule.
9(Source: P.A. 102-810, eff. 1-1-23.)
 
10    Section 15. The Juvenile Court Act of 1987 is amended by
11changing Section 1-5 and by adding Section 1-6.5 as follows:
 
12    (705 ILCS 405/1-5)  (from Ch. 37, par. 801-5)
13    Sec. 1-5. Rights of parties to proceedings.
14    (1) Except as provided in this Section and paragraph (2)
15of Sections 2-22, 3-23, 4-20, 5-610 or 5-705, the minor who is
16the subject of the proceeding and his or her parents,
17guardian, legal custodian or responsible relative who are
18parties respondent have the right to be present, to be heard,
19to present evidence material to the proceedings, to
20cross-examine witnesses, to examine pertinent court files and
21records and also, although proceedings under this Act are not
22intended to be adversary in character, the right to be
23represented by counsel. Immediately upon the filing of a
24petition under Article II of this Act, the court shall appoint

 

 

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1counsel for each minor who is the subject of that petition,
2unless the minor has already retained counsel. The changes
3made to this Section by this amendatory Act of the 103rd
4General Assembly apply to court proceedings pending or
5commenced on or after a date established by the Due Process for
6Youth Oversight Commission by administrative rule.
7    At the request of any party financially unable to employ
8counsel, with the exception of a foster parent permitted to
9intervene under this Section, the court shall appoint the
10Public Defender or such other counsel as the case may require.
11Counsel appointed for the minor and any indigent party shall
12appear at all stages of the trial court proceeding, and such
13appointment shall continue through the permanency hearings and
14termination of parental rights proceedings subject to
15withdrawal, vacating of appointment, or substitution pursuant
16to Supreme Court Rules or the Code of Civil Procedure.
17Following the dispositional hearing, the court may require
18appointed counsel, other than counsel for the minor or counsel
19for the guardian ad litem, to withdraw his or her appearance
20upon failure of the party for whom counsel was appointed under
21this Section to attend any subsequent proceedings.
22    No hearing on any petition or motion filed under this Act
23may be commenced unless the minor who is the subject of the
24proceeding is represented by counsel. Notwithstanding the
25preceding sentence, if a guardian ad litem has been appointed
26for the minor under Section 2-17 of this Act and the guardian

 

 

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1ad litem is a licensed attorney at law of this State, or in the
2event that a court appointed special advocate has been
3appointed as guardian ad litem and counsel has been appointed
4to represent the court appointed special advocate, the court
5may not require the appointment of counsel to represent the
6minor unless the court finds that the minor's interests are in
7conflict with what the guardian ad litem determines to be in
8the best interest of the minor. Each adult respondent 8 years
9of age or older shall be furnished a written "Notice of Rights"
10at or before the first hearing at which the respondent he or
11she appears.
12    (1.5) The Department shall maintain a system of response
13to inquiry made by parents or putative parents as to whether
14their child is under the custody or guardianship of the
15Department; and if so, the Department shall direct the parents
16or putative parents to the appropriate court of jurisdiction,
17including where inquiry may be made of the clerk of the court
18regarding the case number and the next scheduled court date of
19the minor's case. Effective notice and the means of accessing
20information shall be given to the public on a continuing basis
21by the Department.
22    (2) (a) Though not appointed guardian or legal custodian
23or otherwise made a party to the proceeding, any current or
24previously appointed foster parent or relative caregiver, or
25representative of an agency or association interested in the
26minor has the right to be heard by the court, but does not

 

 

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1thereby become a party to the proceeding.
2    In addition to the foregoing right to be heard by the
3court, any current foster parent or relative caregiver of a
4minor and the agency designated by the court or the Department
5of Children and Family Services as custodian of the minor who
6is alleged to be or has been adjudicated an abused or neglected
7minor under Section 2-3 or a dependent minor under Section 2-4
8of this Act has the right to and shall be given adequate notice
9at all stages of any hearing or proceeding under this Act.
10    Any foster parent or relative caregiver who is denied his
11or her right to be heard under this Section may bring a
12mandamus action under Article XIV of the Code of Civil
13Procedure against the court or any public agency to enforce
14that right. The mandamus action may be brought immediately
15upon the denial of those rights but in no event later than 30
16days after the foster parent has been denied the right to be
17heard.
18    (b) If after an adjudication that a minor is abused or
19neglected as provided under Section 2-21 of this Act and a
20motion has been made to restore the minor to any parent,
21guardian, or legal custodian found by the court to have caused
22the neglect or to have inflicted the abuse on the minor, a
23foster parent may file a motion to intervene in the proceeding
24for the sole purpose of requesting that the minor be placed
25with the foster parent, provided that the foster parent (i) is
26the current foster parent of the minor or (ii) has previously

 

 

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1been a foster parent for the minor for one year or more, has a
2foster care license or is eligible for a license or is not
3required to have a license, and is not the subject of any
4findings of abuse or neglect of any child. The juvenile court
5may only enter orders placing a minor with a specific foster
6parent under this subsection (2)(b) and nothing in this
7Section shall be construed to confer any jurisdiction or
8authority on the juvenile court to issue any other orders
9requiring the appointed guardian or custodian of a minor to
10place the minor in a designated foster home or facility. This
11Section is not intended to encompass any matters that are
12within the scope or determinable under the administrative and
13appeal process established by rules of the Department of
14Children and Family Services under Section 5(o) of the
15Children and Family Services Act. Nothing in this Section
16shall relieve the court of its responsibility, under Section
172-14(a) of this Act to act in a just and speedy manner to
18reunify families where it is the best interests of the minor
19and the child can be cared for at home without endangering the
20child's health or safety and, if reunification is not in the
21best interests of the minor, to find another permanent home
22for the minor. Nothing in this Section, or in any order issued
23by the court with respect to the placement of a minor with a
24foster parent, shall impair the ability of the Department of
25Children and Family Services, or anyone else authorized under
26Section 5 of the Abused and Neglected Child Reporting Act, to

 

 

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1remove a minor from the home of a foster parent if the
2Department of Children and Family Services or the person
3removing the minor has reason to believe that the
4circumstances or conditions of the minor are such that
5continuing in the residence or care of the foster parent will
6jeopardize the child's health and safety or present an
7imminent risk of harm to that minor's life.
8    (c) If a foster parent has had the minor who is the subject
9of the proceeding under Article II in his or her home for more
10than one year on or after July 3, 1994 and if the minor's
11placement is being terminated from that foster parent's home,
12that foster parent shall have standing and intervenor status
13except in those circumstances where the Department of Children
14and Family Services or anyone else authorized under Section 5
15of the Abused and Neglected Child Reporting Act has removed
16the minor from the foster parent because of a reasonable
17belief that the circumstances or conditions of the minor are
18such that continuing in the residence or care of the foster
19parent will jeopardize the child's health or safety or
20presents an imminent risk of harm to the minor's life.
21    (d) The court may grant standing to any foster parent if
22the court finds that it is in the best interest of the child
23for the foster parent to have standing and intervenor status.
24    (3) Parties respondent are entitled to notice in
25compliance with Sections 2-15 and 2-16, 3-17 and 3-18, 4-14
26and 4-15 or 5-525 and 5-530, as appropriate. At the first

 

 

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1appearance before the court by the minor, his parents,
2guardian, custodian or responsible relative, the court shall
3explain the nature of the proceedings and inform the parties
4of their rights under the first 2 paragraphs of this Section.
5    If the child is alleged to be abused, neglected or
6dependent, the court shall admonish the parents that if the
7court declares the child to be a ward of the court and awards
8custody or guardianship to the Department of Children and
9Family Services, the parents must cooperate with the
10Department of Children and Family Services, comply with the
11terms of the service plans, and correct the conditions that
12require the child to be in care, or risk termination of their
13parental rights.
14    Upon an adjudication of wardship of the court under
15Sections 2-22, 3-23, 4-20 or 5-705, the court shall inform the
16parties of their right to appeal therefrom as well as from any
17other final judgment of the court.
18    When the court finds that a child is an abused, neglected,
19or dependent minor under Section 2-21, the court shall
20admonish the parents that the parents must cooperate with the
21Department of Children and Family Services, comply with the
22terms of the service plans, and correct the conditions that
23require the child to be in care, or risk termination of their
24parental rights.
25    When the court declares a child to be a ward of the court
26and awards guardianship to the Department of Children and

 

 

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1Family Services under Section 2-22, the court shall admonish
2the parents, guardian, custodian, or responsible relative that
3the parents must cooperate with the Department of Children and
4Family Services, comply with the terms of the service plans,
5and correct the conditions that require the child to be in
6care, or risk termination of their parental rights.
7    (4) No sanction may be applied against the minor who is the
8subject of the proceedings by reason of his refusal or failure
9to testify in the course of any hearing held prior to final
10adjudication under Section 2-22, 3-23, 4-20 or 5-705.
11    (5) In the discretion of the court, the minor may be
12excluded from any part or parts of a dispositional hearing
13and, with the consent of the parent or parents, guardian,
14counsel or a guardian ad litem, from any part or parts of an
15adjudicatory hearing.
16    (6) The general public except for the news media and the
17crime victim, as defined in Section 3 of the Rights of Crime
18Victims and Witnesses Act, shall be excluded from any hearing
19and, except for the persons specified in this Section only
20persons, including representatives of agencies and
21associations, who in the opinion of the court have a direct
22interest in the case or in the work of the court shall be
23admitted to the hearing. However, the court may, for the
24minor's safety and protection and for good cause shown,
25prohibit any person or agency present in court from further
26disclosing the minor's identity. Nothing in this subsection

 

 

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1(6) prevents the court from allowing other juveniles to be
2present or to participate in a court session being held under
3the Juvenile Drug Court Treatment Act.
4    (7) A party shall not be entitled to exercise the right to
5a substitution of a judge without cause under subdivision
6(a)(2) of Section 2-1001 of the Code of Civil Procedure in a
7proceeding under this Act if the judge is currently assigned
8to a proceeding involving the alleged abuse, neglect, or
9dependency of the minor's sibling or half sibling and that
10judge has made a substantive ruling in the proceeding
11involving the minor's sibling or half sibling.
12(Source: P.A. 101-147, eff. 1-1-20.)
 
13    (705 ILCS 405/1-6.5 new)
14    Sec. 1-6.5. Counsel appointed for minors subject to
15Article II proceedings. Counsel appointed by a court to
16represent a minor in neglect or abuse proceedings under
17Article II of this Act shall have a minimum of one in-person
18contact with the minor prior to each hearing and at least one
19in-person contact every quarter. For good cause shown, the
20court may allow video or telephonic contact in lieu of
21face-to-face interviews required under this Section or may
22excuse face-to-face interviews required under this Section if
23the minor's location is unknown to the Department or the
24minor's counsel.
 
25    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.