Full Text of HB1665 95th General Assembly
HB1665 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1665
Introduced 2/22/2007, by Rep. Marlow H. Colvin SYNOPSIS AS INTRODUCED: |
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705 ILCS 405/2-23 |
from Ch. 37, par. 802-23 |
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Amends the Abused, Neglected, or Dependent Minors Article of the Juvenile Court Act of 1987. Provides that the court may not, in an order of disposition under that Article, order specific placement, specific services, or specific service providers while the minor is in temporary custody unless otherwise specifically authorized by law.
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A BILL FOR
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HB1665 |
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LRB095 08570 RLC 28753 b |
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| AN ACT concerning courts.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Juvenile Court Act of 1987 is amended by | 5 |
| changing Section 2-23 as follows:
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| (705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
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| Sec. 2-23. Kinds of dispositional orders.
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| (1) The following kinds of orders of disposition may be | 9 |
| made in respect of
wards of the court:
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| (a) A minor under 18 years of age found to be neglected | 11 |
| or abused under
Section 2-3 or dependent under Section 2-4 | 12 |
| may be (1) continued in the
custody of his or her parents,
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| guardian or legal custodian; (2) placed in accordance with | 14 |
| Section 2-27;
(3) restored to the custody of the parent, | 15 |
| parents, guardian, or legal
custodian, provided the court | 16 |
| shall order the parent, parents, guardian, or
legal | 17 |
| custodian to cooperate with the Department of Children and | 18 |
| Family
Services and comply with the terms of an after-care | 19 |
| plan or risk the loss of
custody of the child and the | 20 |
| possible termination of their parental rights;
or
(4) | 21 |
| ordered partially or completely emancipated in accordance | 22 |
| with
the provisions of the Emancipation of Mature Minors | 23 |
| Act.
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HB1665 |
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LRB095 08570 RLC 28753 b |
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| However, in any case in which a minor is found by the | 2 |
| court to be
neglected or abused under Section 2-3 of this | 3 |
| Act, custody of the minor
shall not be restored to any | 4 |
| parent, guardian or legal custodian whose acts
or omissions | 5 |
| or both have been identified, pursuant to subsection (1) of
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| Section 2-21, as forming the basis for the court's finding | 7 |
| of abuse or
neglect, until such time
as a
hearing is held | 8 |
| on the issue of the best interests of the minor and the | 9 |
| fitness
of such parent, guardian or legal custodian to care | 10 |
| for the minor without
endangering the minor's health or | 11 |
| safety, and the court
enters an order that such parent, | 12 |
| guardian or legal custodian is fit to care
for the minor.
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| (b) A minor under 18 years of age found to be dependent | 14 |
| under
Section 2-4 may be (1) placed in accordance with | 15 |
| Section 2-27 or (2)
ordered partially or completely | 16 |
| emancipated in accordance with the
provisions of the | 17 |
| Emancipation of Mature Minors Act.
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| However, in any case in which a minor is found by the | 19 |
| court to be
dependent under Section 2-4 of this Act, | 20 |
| custody of the minor shall not be
restored to
any parent, | 21 |
| guardian or legal custodian whose acts or omissions or both | 22 |
| have
been identified, pursuant to subsection (1) of Section | 23 |
| 2-21, as forming the
basis for the court's finding of | 24 |
| dependency, until such
time as a hearing is
held on the | 25 |
| issue of the fitness of such parent, guardian or legal
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| custodian to care for the minor without endangering the |
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HB1665 |
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| minor's health or
safety, and the court enters an order | 2 |
| that such
parent, guardian or legal custodian is fit to | 3 |
| care for the minor.
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| (c) When the court awards guardianship to the | 5 |
| Department of Children and
Family Services, the court shall | 6 |
| order the parents to cooperate with the
Department of | 7 |
| Children and Family Services, comply with the terms of the
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| service plans, and correct the conditions that require the | 9 |
| child to be in care,
or risk termination of their parental | 10 |
| rights.
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| (2) Any order of disposition may provide for protective | 12 |
| supervision
under Section 2-24 and may include an order of | 13 |
| protection under Section 2-25.
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| Unless the order of disposition expressly so provides, it | 15 |
| does
not operate to close proceedings on the pending petition, | 16 |
| but is subject
to modification, not inconsistent with Section | 17 |
| 2-28, until final closing and discharge of the proceedings | 18 |
| under
Section 2-31.
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| (2.1) Unless otherwise specifically authorized by law, the | 20 |
| court may not under this Section order specific placement, | 21 |
| specific services, or specific service providers while the | 22 |
| minor is in temporary custody.
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| (3) The court also shall enter any other orders necessary | 24 |
| to fulfill the
service plan, including, but not limited to, (i) | 25 |
| orders requiring parties to
cooperate with services, (ii) | 26 |
| restraining orders controlling the conduct of any
party likely |
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HB1665 |
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LRB095 08570 RLC 28753 b |
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| to frustrate the achievement of the goal, and (iii) visiting
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| orders. Unless otherwise specifically authorized by law, the | 3 |
| court is not
empowered under this subsection (3) to order | 4 |
| specific placements, specific
services, or specific service
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| providers to be included in the plan. If the court concludes | 6 |
| that the
Department of Children
and Family Services has abused | 7 |
| its discretion in setting the current service
plan or | 8 |
| permanency goal for the minor, the court shall enter specific
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| findings in writing based on the evidence and shall enter an | 10 |
| order for the
Department to develop and implement a new | 11 |
| permanency goal and service plan
consistent with the court's | 12 |
| findings. The new service plan shall be filed with
the court | 13 |
| and served on all parties. The court shall continue
the matter | 14 |
| until the new service plan is filed.
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| (4) In addition to any other order of disposition, the | 16 |
| court may order
any minor adjudicated neglected with respect to | 17 |
| his or her own injurious
behavior to make restitution, in | 18 |
| monetary or non-monetary form, under the
terms and conditions | 19 |
| of Section 5-5-6 of the Unified Code of Corrections,
except | 20 |
| that the "presentence hearing" referred to therein shall be the
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| dispositional hearing for purposes of this Section. The parent, | 22 |
| guardian
or legal custodian of the minor may pay some or all of | 23 |
| such restitution on
the minor's behalf.
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| (5) Any order for disposition where the minor is committed | 25 |
| or placed in
accordance with Section 2-27 shall provide for the | 26 |
| parents or guardian of
the estate of such minor to pay to the |
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LRB095 08570 RLC 28753 b |
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| legal custodian or guardian of the
person of the minor such | 2 |
| sums as are determined by the custodian or guardian
of the | 3 |
| person of the minor as necessary for the minor's needs. Such | 4 |
| payments
may not exceed the maximum amounts provided for by | 5 |
| Section 9.1 of the
Children and Family Services Act.
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| (6) Whenever the order of disposition requires the minor to | 7 |
| attend
school or participate in a program of training, the | 8 |
| truant officer or
designated school official shall regularly | 9 |
| report to the court if the minor
is a chronic or habitual | 10 |
| truant under Section 26-2a of the School Code.
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| (7) The court may terminate the parental rights of a parent | 12 |
| at the initial
dispositional hearing if all of the conditions | 13 |
| in subsection (5) of Section
2-21 are met.
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| (Source: P.A. 89-17, eff. 5-31-95; 89-235, eff. 8-4-95; 90-27, | 15 |
| eff. 1-1-98;
90-28, eff. 1-1-98; 90-608, eff. 6-30-98; 90-655, | 16 |
| eff. 7-30-98; revised
10-9-03 .)
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