Full Text of HB0254 094th General Assembly
HB0254 94TH GENERAL ASSEMBLY
|
|
|
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0254
Introduced 1/14/2005, by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: |
|
20 ILCS 505/9.1 rep. |
|
20 ILCS 505/9.2 rep. |
|
20 ILCS 505/9.3 rep. |
|
20 ILCS 505/9.4 rep. |
|
20 ILCS 505/9.5 rep. |
|
20 ILCS 505/9.6 rep. |
|
20 ILCS 505/9.7 rep. |
|
20 ILCS 505/9.8 rep. |
|
705 ILCS 405/1-3 |
from Ch. 37, par. 801-3 |
705 ILCS 405/2-23 |
from Ch. 37, par. 802-23 |
730 ILCS 5/3-7-6 rep. |
|
735 ILCS 5/4-101 |
from Ch. 110, par. 4-101 |
|
Amends the Children and Family Services Act. Repeals Sections concerning
charges to a parent or guardian resulting from the care and training of a child
by the Department of Children and Family Services. Amends the Juvenile Court
Act. Deletes language concerning a parent's or guardian's liability to pay for
the support of a child who has been removed from that parent's or guardian's
care. Amends the Unified Code of Corrections. Repeals a Section concerning
reimbursement for the expenses of committed persons. Amends the Code of Civil
Procedure to make corresponding changes.
|
| |
|
|
| FISCAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
HB0254 |
|
LRB094 04965 BDD 34995 b |
|
| 1 |
| AN ACT concerning State government.
| 2 |
| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
| 4 |
| (20 ILCS 505/9.1 rep.)
| 5 |
| (20 ILCS 505/9.2 rep.)
| 6 |
| (20 ILCS 505/9.3 rep.)
| 7 |
| (20 ILCS 505/9.4 rep.)
| 8 |
| (20 ILCS 505/9.5 rep.)
| 9 |
| (20 ILCS 505/9.6 rep.)
| 10 |
| (20 ILCS 505/9.7 rep.)
| 11 |
| (20 ILCS 505/9.8 rep.)
| 12 |
| Section 5. The Children and Family Services Act is amended | 13 |
| by repealing
Sections 9.1, 9.2, 9.3, 9.4, 9.5, 9.6, 9.7, and | 14 |
| 9.8.
| 15 |
| Section 10. The Juvenile Court Act of 1987 is amended by | 16 |
| changing
Sections 1-3 and 2-23 as follows:
| 17 |
| (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
| 18 |
| Sec. 1-3. Definitions. Terms used in this Act, unless the | 19 |
| context
otherwise requires, have the following meanings | 20 |
| ascribed to them:
| 21 |
| (1) "Adjudicatory hearing" means a hearing to
determine | 22 |
| whether the allegations of a petition under Section 2-13, 3-15 | 23 |
| or
4-12 that a minor under 18 years of age is abused, neglected | 24 |
| or dependent, or
requires authoritative intervention, or | 25 |
| addicted, respectively, are supported
by a preponderance of the | 26 |
| evidence or whether the allegations of a petition
under Section | 27 |
| 5-520 that a minor is delinquent are proved beyond a reasonable
| 28 |
| doubt.
| 29 |
| (2) "Adult" means a person 21 years of age or older.
| 30 |
| (3) "Agency" means a public or private child care facility
| 31 |
| legally authorized or licensed by this State for placement or |
|
|
|
HB0254 |
- 2 - |
LRB094 04965 BDD 34995 b |
|
| 1 |
| institutional
care or for both placement and institutional | 2 |
| care.
| 3 |
| (4) "Association" means any organization, public or
| 4 |
| private, engaged in welfare functions which include services to | 5 |
| or on behalf of
children but does not include "agency" as | 6 |
| herein defined.
| 7 |
| (4.05) Whenever a "best interest" determination is
| 8 |
| required, the following factors shall be considered in the | 9 |
| context of the
child's age and developmental needs:
| 10 |
| (a) the physical safety and welfare of the child, including | 11 |
| food, shelter,
health, and clothing;
| 12 |
| (b) the development of the child's identity;
| 13 |
| (c) the child's background and ties, including familial,
| 14 |
| cultural, and religious;
| 15 |
| (d) the child's sense of attachments, including:
| 16 |
| (i) where the child actually feels love, attachment, | 17 |
| and a sense of
being valued (as opposed to where adults | 18 |
| believe the child should
feel such love, attachment, and a | 19 |
| sense of being valued);
| 20 |
| (ii) the child's sense of security;
| 21 |
| (iii) the child's sense of familiarity;
| 22 |
| (iv) continuity of affection for the child;
| 23 |
| (v) the least disruptive placement alternative for the | 24 |
| child;
| 25 |
| (e) the child's wishes and long-term goals;
| 26 |
| (f) the child's community ties, including church, school, | 27 |
| and friends;
| 28 |
| (g) the child's need for permanence which includes the | 29 |
| child's need for
stability and continuity of relationships with | 30 |
| parent figures and with siblings
and other relatives;
| 31 |
| (h) the uniqueness of every family and child;
| 32 |
| (i) the risks attendant to entering and being in substitute | 33 |
| care; and
| 34 |
| (j) the preferences of the persons available to care for | 35 |
| the child.
| 36 |
| (4.1) "Chronic truant" shall have the definition
ascribed |
|
|
|
HB0254 |
- 3 - |
LRB094 04965 BDD 34995 b |
|
| 1 |
| to it in Section 26-2a of the School Code.
| 2 |
| (5) "Court" means the circuit court in a session or | 3 |
| division
assigned to hear proceedings under this Act.
| 4 |
| (6) "Dispositional hearing" means a hearing to
determine | 5 |
| whether a minor should be adjudged to be a ward of the court, | 6 |
| and to
determine what order of disposition should be made in | 7 |
| respect to a minor
adjudged to be a ward of the court.
| 8 |
| (7) "Emancipated minor" means any minor 16 years of age or | 9 |
| over who has
been completely or partially emancipated under the | 10 |
| " Emancipation of
Mature Minors Act ", enacted by the | 11 |
| Eighty-First General Assembly, or
under this Act.
| 12 |
| (8) "Guardianship of the person" of a minor
means the duty | 13 |
| and authority to act in the best interests of the minor, | 14 |
| subject
to residual parental rights and responsibilities , to | 15 |
| make important decisions
in matters having a permanent effect | 16 |
| on the life and development of the minor
and to be concerned | 17 |
| with his or her general welfare. It includes but is not
| 18 |
| necessarily limited to:
| 19 |
| (a) the authority to consent to marriage, to enlistment | 20 |
| in the armed
forces of the United States, or to a major | 21 |
| medical, psychiatric, and
surgical treatment; to represent | 22 |
| the minor in legal actions; and to make
other decisions of | 23 |
| substantial legal significance concerning the minor;
| 24 |
| (b) the authority and duty of reasonable visitation, | 25 |
| except to the
extent that these have been limited in the | 26 |
| best interests of the minor by
court order;
| 27 |
| (c) the rights and responsibilities of legal custody | 28 |
| except where legal
custody has been vested in another | 29 |
| person or agency; and
| 30 |
| (d) the power to consent to the adoption of the minor, | 31 |
| but only if
expressly conferred on the guardian in | 32 |
| accordance with Section 2-29, 3-30, or
4-27.
| 33 |
| (9) "Legal custody" means the relationship created by an
| 34 |
| order of court in the best interests of the minor which imposes | 35 |
| on the
custodian the responsibility of physical possession of a | 36 |
| minor and the duty to
protect, train and discipline him and to |
|
|
|
HB0254 |
- 4 - |
LRB094 04965 BDD 34995 b |
|
| 1 |
| provide him with food, shelter,
education and ordinary medical | 2 |
| care, except as these are limited by residual
parental rights | 3 |
| and responsibilities and the rights and responsibilities of the
| 4 |
| guardian of the person, if any.
| 5 |
| (10) "Minor" means a person under the age of 21 years | 6 |
| subject to
this Act.
| 7 |
| (11) "Parent" means the father or mother of a child and
| 8 |
| includes any adoptive parent. It also includes a man (i)
whose | 9 |
| paternity
is presumed or has been established under the law of | 10 |
| this or another
jurisdiction or (ii) who has registered with | 11 |
| the Putative Father Registry in
accordance with Section 12.1 of | 12 |
| the Adoption Act and whose paternity has not
been ruled out | 13 |
| under the law of this or another jurisdiction. It does not
| 14 |
| include a
parent whose rights in respect to the
minor have been | 15 |
| terminated in any manner provided by law.
| 16 |
| (11.1) "Permanency goal" means a goal set by the court as | 17 |
| defined in
subdivision (2) of Section 2-28.
| 18 |
| (11.2) "Permanency hearing" means a hearing to set the | 19 |
| permanency goal and
to review and determine (i) the | 20 |
| appropriateness of the services contained in
the plan and | 21 |
| whether those services have been provided, (ii) whether | 22 |
| reasonable
efforts have been made by all the parties to the | 23 |
| service plan to achieve the
goal, and (iii) whether the plan | 24 |
| and goal have been achieved.
| 25 |
| (12) "Petition" means the petition provided for in Section
| 26 |
| 2-13, 3-15, 4-12 or 5-520, including any supplemental petitions | 27 |
| thereunder
in Section 3-15, 4-12 or 5-520.
| 28 |
| (13) "Residual parental
rights and responsibilities " means | 29 |
| those rights and responsibilities remaining
with the parent | 30 |
| after the transfer of legal custody or guardianship of the
| 31 |
| person, including, but not necessarily limited to, the right to | 32 |
| reasonable
visitation (which may be limited by the court in the | 33 |
| best interests of the
minor as provided in subsection (8)(b) of | 34 |
| this Section), the right to consent
to adoption, and the right | 35 |
| to determine the minor's religious affiliation, and the
| 36 |
| responsibility for his support .
|
|
|
|
HB0254 |
- 5 - |
LRB094 04965 BDD 34995 b |
|
| 1 |
| (14) "Shelter" means the temporary care of a minor in
| 2 |
| physically unrestricting facilities pending court disposition | 3 |
| or execution of
court order for placement.
| 4 |
| (15) "Station adjustment" means the informal
handling of an | 5 |
| alleged offender by a juvenile police officer.
| 6 |
| (16) "Ward of the court" means a minor who is so
adjudged | 7 |
| under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
| 8 |
| requisite jurisdictional facts, and thus is subject to the | 9 |
| dispositional powers
of the court under this Act.
| 10 |
| (17) "Juvenile police officer" means a sworn
police officer | 11 |
| who has completed a Basic Recruit Training Course, has been
| 12 |
| assigned to the position of juvenile police officer by his or | 13 |
| her chief law
enforcement officer and has completed the | 14 |
| necessary juvenile officers training
as prescribed by the | 15 |
| Illinois Law Enforcement Training Standards Board, or in
the | 16 |
| case of a State police officer, juvenile officer
training | 17 |
| approved by the Director of the Department of State Police.
| 18 |
| (18) "Secure child care facility" means any child care | 19 |
| facility licensed
by the Department of Children and Family | 20 |
| Services to provide secure living
arrangements for children | 21 |
| under 18 years of age who are subject to placement in
| 22 |
| facilities under the Children and Family Services Act and who | 23 |
| are not subject
to placement in facilities for whom standards | 24 |
| are established by the Department
of Corrections under Section | 25 |
| 3-15-2 of the Unified Code of Corrections.
"Secure child care | 26 |
| facility" also means a
facility that is designed and operated | 27 |
| to ensure that all entrances and
exits
from the facility, a | 28 |
| building, or a distinct part of the building are under the
| 29 |
| exclusive control of the staff of the facility, whether or not | 30 |
| the child has
the freedom of movement within the perimeter of | 31 |
| the facility, building, or
distinct part of the building.
| 32 |
| (Source: P.A. 90-28, eff. 1-1-98; 90-87, eff. 9-1-97; 90-590, | 33 |
| eff. 1-1-99;
90-608, eff. 6-30-98; 90-655, eff. 7-30-98; | 34 |
| 91-357, eff. 7-29-99; revised
10-9-03.)
| 35 |
| (705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
|
|
|
|
HB0254 |
- 6 - |
LRB094 04965 BDD 34995 b |
|
| 1 |
| Sec. 2-23. Kinds of dispositional orders.
| 2 |
| (1) The following kinds of orders of disposition may be | 3 |
| made in respect of
wards of the court:
| 4 |
| (a) A minor under 18 years of age found to be neglected | 5 |
| or abused under
Section 2-3 or dependent under Section 2-4 | 6 |
| may be (1) continued in the
custody of his or her parents,
| 7 |
| guardian or legal custodian; (2) placed in accordance with | 8 |
| Section 2-27;
(3) restored to the custody of the parent, | 9 |
| parents, guardian, or legal
custodian, provided the court | 10 |
| shall order the parent, parents, guardian, or
legal | 11 |
| custodian to cooperate with the Department of Children and | 12 |
| Family
Services and comply with the terms of an after-care | 13 |
| plan or risk the loss of
custody of the child and the | 14 |
| possible termination of their parental rights;
or
(4) | 15 |
| ordered partially or completely emancipated in accordance | 16 |
| with
the provisions of the Emancipation of Mature Minors | 17 |
| Act.
| 18 |
| However, in any case in which a minor is found by the | 19 |
| court to be
neglected or abused under Section 2-3 of this | 20 |
| Act, custody of the minor
shall not be restored to any | 21 |
| parent, guardian or legal custodian whose acts
or omissions | 22 |
| or both have been identified, pursuant to subsection (1) of
| 23 |
| Section 2-21, as forming the basis for the court's finding | 24 |
| of abuse or
neglect, until such time
as a
hearing is held | 25 |
| on the issue of the best interests of the minor and the | 26 |
| fitness
of such parent, guardian or legal custodian to care | 27 |
| for the minor without
endangering the minor's health or | 28 |
| safety, and the court
enters an order that such parent, | 29 |
| guardian or legal custodian is fit to care
for the minor.
| 30 |
| (b) A minor under 18 years of age found to be dependent | 31 |
| under
Section 2-4 may be (1) placed in accordance with | 32 |
| Section 2-27 or (2)
ordered partially or completely | 33 |
| emancipated in accordance with the
provisions of the | 34 |
| Emancipation of Mature Minors Act.
| 35 |
| However, in any case in which a minor is found by the | 36 |
| court to be
dependent under Section 2-4 of this Act, |
|
|
|
HB0254 |
- 7 - |
LRB094 04965 BDD 34995 b |
|
| 1 |
| custody of the minor shall not be
restored to
any parent, | 2 |
| guardian or legal custodian whose acts or omissions or both | 3 |
| have
been identified, pursuant to subsection (1) of Section | 4 |
| 2-21, as forming the
basis for the court's finding of | 5 |
| dependency, until such
time as a hearing is
held on the | 6 |
| issue of the fitness of such parent, guardian or legal
| 7 |
| custodian to care for the minor without endangering the | 8 |
| minor's health or
safety, and the court enters an order | 9 |
| that such
parent, guardian or legal custodian is fit to | 10 |
| care for the minor.
| 11 |
| (c) When the court awards guardianship to the | 12 |
| Department of Children and
Family Services, the court shall | 13 |
| order the parents to cooperate with the
Department of | 14 |
| Children and Family Services, comply with the terms of the
| 15 |
| service plans, and correct the conditions that require the | 16 |
| child to be in care,
or risk termination of their parental | 17 |
| rights.
| 18 |
| (2) Any order of disposition may provide for protective | 19 |
| supervision
under Section 2-24 and may include an order of | 20 |
| protection under Section 2-25.
| 21 |
| Unless the order of disposition expressly so provides, it | 22 |
| does
not operate to close proceedings on the pending petition, | 23 |
| but is subject
to modification, not inconsistent with Section | 24 |
| 2-28, until final closing and discharge of the proceedings | 25 |
| under
Section 2-31.
| 26 |
| (3) The court also shall enter any other orders necessary | 27 |
| to fulfill the
service plan, including, but not limited to, (i) | 28 |
| orders requiring parties to
cooperate with services, (ii) | 29 |
| restraining orders controlling the conduct of any
party likely | 30 |
| to frustrate the achievement of the goal, and (iii) visiting
| 31 |
| orders. Unless otherwise specifically authorized by law, the | 32 |
| court is not
empowered under this subsection (3) to order | 33 |
| specific placements, specific
services, or specific service
| 34 |
| providers to be included in the plan. If the court concludes | 35 |
| that the
Department of Children
and Family Services has abused | 36 |
| its discretion in setting the current service
plan or |
|
|
|
HB0254 |
- 8 - |
LRB094 04965 BDD 34995 b |
|
| 1 |
| permanency goal for the minor, the court shall enter specific
| 2 |
| findings in writing based on the evidence and shall enter an | 3 |
| order for the
Department to develop and implement a new | 4 |
| permanency goal and service plan
consistent with the court's | 5 |
| findings. The new service plan shall be filed with
the court | 6 |
| and served on all parties. The court shall continue
the matter | 7 |
| until the new service plan is filed.
| 8 |
| (4) In addition to any other order of disposition, the | 9 |
| court may order
any minor adjudicated neglected with respect to | 10 |
| his or her own injurious
behavior to make restitution, in | 11 |
| monetary or non-monetary form, under the
terms and conditions | 12 |
| of Section 5-5-6 of the Unified Code of Corrections,
except | 13 |
| that the "presentence hearing" referred to therein shall be the
| 14 |
| dispositional hearing for purposes of this Section. The parent, | 15 |
| guardian
or legal custodian of the minor may pay some or all of | 16 |
| such restitution on
the minor's behalf.
| 17 |
| (5) (Blank)
Any order for disposition where the minor is | 18 |
| committed or placed in
accordance with Section 2-27 shall | 19 |
| provide for the parents or guardian of
the estate of such minor | 20 |
| to pay to the legal custodian or guardian of the
person of the | 21 |
| minor such sums as are determined by the custodian or guardian
| 22 |
| of the person of the minor as necessary for the minor's needs. | 23 |
| Such payments
may not exceed the maximum amounts provided for | 24 |
| by Section 9.1 of the
Children and Family Services Act .
| 25 |
| (6) Whenever the order of disposition requires the minor to | 26 |
| attend
school or participate in a program of training, the | 27 |
| truant officer or
designated school official shall regularly | 28 |
| report to the court if the minor
is a chronic or habitual | 29 |
| truant under Section 26-2a of the School Code.
| 30 |
| (7) The court may terminate the parental rights of a parent | 31 |
| at the initial
dispositional hearing if all of the conditions | 32 |
| in subsection (5) of Section
2-21 are met.
| 33 |
| (Source: P.A. 89-17, eff. 5-31-95; 89-235, eff. 8-4-95; 90-27, | 34 |
| eff. 1-1-98;
90-28, eff. 1-1-98; 90-608, eff. 6-30-98; 90-655, | 35 |
| eff. 7-30-98; revised
10-9-03 .)
|
|
|
|
HB0254 |
- 9 - |
LRB094 04965 BDD 34995 b |
|
| 1 |
| (730 ILCS 5/3-7-6 rep.)
| 2 |
| Section 15. The Unified Code of Corrections is amended by | 3 |
| repealing Section
3-7-6.
| 4 |
| Section 20. The Code of Civil Procedure is amended by | 5 |
| changing
Section 4-101 as follows:
| 6 |
| (735 ILCS 5/4-101) (from Ch. 110, par. 4-101)
| 7 |
| Sec. 4-101. Cause. In any court having competent | 8 |
| jurisdiction, a creditor
having a money claim, whether | 9 |
| liquidated or unliquidated, and whether sounding
in contract or | 10 |
| tort, or based upon a statutory cause of action created by law
| 11 |
| in favor of the People of the State of Illinois, or any agency | 12 |
| of the State,
may have an attachment against the property of | 13 |
| his or her debtor, or that of
any one or more of several | 14 |
| debtors, either at the time of commencement of the
action or | 15 |
| thereafter, when the claim exceeds $20,
in any one of the | 16 |
| following cases:
| 17 |
| 1. Where the debtor is not a resident of this State.
| 18 |
| 2. When the debtor conceals himself or herself or | 19 |
| stands in defiance of an
officer, so that process cannot be | 20 |
| served upon him or her.
| 21 |
| 3. Where the debtor has departed from this State with | 22 |
| the
intention of having his or her effects removed from | 23 |
| this State.
| 24 |
| 4. Where the debtor is about to depart from this State | 25 |
| with the
intention of having his or her effects removed | 26 |
| from this State.
| 27 |
| 5. Where the debtor is about to remove his or her | 28 |
| property from this
State to the injury of such creditor.
| 29 |
| 6. Where the debtor has within 2 years preceding the | 30 |
| filing of
the affidavit required, fraudulently conveyed or | 31 |
| assigned his or her effects,
or a part thereof, so as to | 32 |
| hinder or delay his or her creditors.
| 33 |
| 7. Where the debtor has, within 2 years prior to the | 34 |
| filing of
such affidavit, fraudulently concealed or |
|
|
|
HB0254 |
- 10 - |
LRB094 04965 BDD 34995 b |
|
| 1 |
| disposed of his or her property so as
to hinder or delay | 2 |
| his or her creditors.
| 3 |
| 8. Where the debtor is about fraudulently to conceal, | 4 |
| assign, or
otherwise dispose of his or her property or | 5 |
| effects, so as to hinder or delay
his or her creditors.
| 6 |
| 9. Where the debt sued for was fraudulently contracted | 7 |
| on the
part of the debtor. The statements of the debtor, | 8 |
| his or her agent or
attorney, which constitute the fraud, | 9 |
| shall have been reduced to
writing, and his or her | 10 |
| signature attached thereto, by himself or herself,
agent or | 11 |
| attorney.
| 12 |
| 10. When the debtor is a person convicted of first | 13 |
| degree murder, a
Class X felony, or aggravated kidnapping, | 14 |
| or found not
guilty by reason of insanity or guilty but | 15 |
| mentally ill of first degree
murder, a Class X felony, or | 16 |
| aggravated kidnapping, against
the creditor and that crime | 17 |
| makes the creditor a "victim" under the
Criminal Victims' | 18 |
| Asset Discovery Act.
| 19 |
| 11. (Blank)
When the debtor is referred by the | 20 |
| Department of Corrections to the
Attorney
General under | 21 |
| Section 3-7-6 of the Unified Code of Corrections to recover | 22 |
| the
expenses incurred as a result of that debtor's cost of | 23 |
| incarceration .
| 24 |
| (Source: P.A. 93-508, eff. 1-1-04.)
|
|