Full Text of HB3050 98th General Assembly
HB3050 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB3050 Introduced , by Rep. Elizabeth Hernandez SYNOPSIS AS INTRODUCED: |
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Amends the Department of Human Services Act. Provides that the Department shall develop informational materials for families and children of parents who have been arrested and issued an immigration hold or detained by the Department of Homeland Security. Amends the Juvenile Court Act of 1987. Makes numerous changes regarding: the immigration status of a parent, guardian, legal custodian, or responsible relative; establishment of memoranda of understanding with appropriate foreign consulates for juvenile court cases in which a parent has been arrested and issued an immigration hold, has been detained by the Department of Homeland Security, or has been deported to his or her country of origin; services to assist parents who have been deported; assistance to a minor in a juvenile court case who is eligible for special immigrant juvenile status; consideration of a parent's detention by the Department of Homeland Security or deportation; continuances if a parent has been arrested and issued an immigration hold, detained by the Department of Homeland Security, or deported; placement outside the United States; and other matters. Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that the immigration status of a parent, legal guardian, or relative does not disqualify the parent, legal guardian, or relative from receiving custody of a child. Amends the Probate Act of 1975. Provides that relative's immigration status does not disqualify the relative from acting as guardian of a minor.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning children.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Department of Human Services Act is amended | 5 | | by changing Section 1-35 as follows: | 6 | | (20 ILCS 1305/1-35) | 7 | | Sec. 1-35. Families of incarcerated parents. The | 8 | | Department of Human Services and the Illinois Department of | 9 | | Corrections shall work cooperatively with community | 10 | | organizations and service providers to identify local | 11 | | providers of services and to develop informational materials | 12 | | for families and children of incarcerated parents. | 13 | | The Department of Human Services shall develop | 14 | | informational materials for families and children of | 15 | | incarcerated parents. The materials shall be designed to inform | 16 | | children and families of incarcerated parents about the social | 17 | | services that are available to them, including visitation | 18 | | programs, family counseling, mentoring, school-based programs, | 19 | | and other programs identified by community organizations that | 20 | | work with families of prisoners. The materials shall be | 21 | | designed to reduce stigma and to provide support for children | 22 | | of incarcerated parents. The materials shall (i) provide | 23 | | telephone and Internet contacts for the children's caregivers |
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| 1 | | with further information and (ii) assist the children's | 2 | | caregivers in locating and accessing services for the children. | 3 | | The Department shall make this information available through | 4 | | its website and through its existing toll-free telephone | 5 | | numbers. The Department shall also develop appropriate | 6 | | informational materials for families and children of parents | 7 | | who have been arrested and issued an immigration hold or | 8 | | detained by the United States Department of Homeland Security | 9 | | and make the materials available through its website and | 10 | | through its existing toll-free telephone numbers. | 11 | | The Department of Corrections shall provide the materials | 12 | | to inmates during orientation. The Department of Corrections | 13 | | shall provide one sealed envelope containing the public | 14 | | information to the inmate so that the inmate may address it to | 15 | | the inmate's children's caregiver. The Department of | 16 | | Corrections shall mail that envelope to the address provided by | 17 | | the inmate. The cost of postage will be charged to the inmate's | 18 | | trust account. If the inmate is indigent, the Department of | 19 | | Corrections shall pay the postage fees for mailing the | 20 | | informational material to the inmate's children's caregiver. | 21 | | The informational materials shall also be made available within | 22 | | the Department of Corrections' facility visiting rooms and | 23 | | waiting areas.
| 24 | | (Source: P.A. 96-68, eff. 7-23-09.) | 25 | | Section 10. The Juvenile Court Act of 1987 is amended by |
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| 1 | | changing Sections 2-4a and 2-28 and adding Sections 1-19, 1-20, | 2 | | 1-21, 2-35, and 2-36 as follows: | 3 | | (705 ILCS 405/1-19 new) | 4 | | Sec. 1-19. Immigration status. When any provision of | 5 | | Article II, III, IV, or V of this Act authorizes a minor to be | 6 | | released to the custody of, placed with, or restored to the | 7 | | custody of his or her parent, guardian, legal
custodian, or | 8 | | responsible relative, the immigration status of the parent, | 9 | | guardian, legal
custodian, or responsible relative does not | 10 | | disqualify the parent, guardian, legal
custodian, or | 11 | | responsible relative from receiving the custody or placement. | 12 | | (705 ILCS 405/1-20 new) | 13 | | Sec. 1-20. Memoranda of understanding with appropriate | 14 | | foreign consulates. | 15 | | (a) The Department of Children and Family Services shall | 16 | | provide guidance on best practices and facilitate an exchange | 17 | | of information and best practices among counties on an annual | 18 | | basis, commencing no later than January 1, 2015, on | 19 | | establishing memoranda of understanding with appropriate | 20 | | foreign consulates for juvenile court cases in which a parent | 21 | | has been arrested and issued an immigration hold, has been | 22 | | detained by the United States Department of Homeland Security, | 23 | | or has been deported to his or her country of origin. This | 24 | | exchange of information may be accomplished by posting training |
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| 1 | | and other information on the Department's Internet Web site. | 2 | | (b) The memoranda of understanding shall include, but shall | 3 | | not be limited to, procedures for contacting a foreign | 4 | | consulate at the onset of a juvenile court case, accessing | 5 | | documentation for the child, locating a detained parent, | 6 | | facilitating family reunification once a parent has been | 7 | | deported to his or her country of origin, aiding the safe | 8 | | transfer of a child to the parent's country of origin, and | 9 | | communicating with relevant departments and services in the | 10 | | parent's country of origin, including, when appropriate, | 11 | | allowing reports from the foreign child welfare authorities | 12 | | documenting the parent's living situation and the parent's | 13 | | participation in service plans in the country of origin that | 14 | | are in compliance with the case plan requirements. | 15 | | (705 ILCS 405/1-21 new) | 16 | | Sec. 1-21. Reunification services; parents who have been | 17 | | deported. Reunification services under this Act may include | 18 | | reasonable efforts to assist parents who have been deported to | 19 | | contact child welfare authorities in their country of origin, | 20 | | to identify any available services that would substantially | 21 | | comply with case plan requirements, to document the parents' | 22 | | participation in those services, and to accept reports from | 23 | | local child welfare authorities as to the parents' living | 24 | | situation, progress, and participation in services.
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| 1 | | (705 ILCS 405/2-4a)
| 2 | | Sec. 2-4a. Special immigrant minor.
| 3 | | (a) Except as otherwise provided in this
Act, a special | 4 | | immigrant minor under 18 years of age who has been made a ward
| 5 | | of the court may be deemed eligible by the court for long-term | 6 | | foster care due
to abuse, neglect, or abandonment and remain | 7 | | under the jurisdiction of the
juvenile court until his or her | 8 | | special immigrant juvenile status and
adjustment of status | 9 | | applications are adjudicated. The petition filed on
behalf of | 10 | | the special immigrant minor must allege that he or she | 11 | | otherwise
satisfies the prerequisites for special immigrant | 12 | | juvenile status pursuant to 8
U.S.C. Section 1101(a)(27)(J) and | 13 | | must state the custodial status sought on
behalf of the minor.
| 14 | | (b) For the purposes of this Section, a juvenile court may | 15 | | make a finding
that a special immigrant minor is eligible for | 16 | | long term foster care if the
court makes the following | 17 | | findings:
| 18 | | (1) That a reasonable diligent search for biological | 19 | | parents, prior
adoptive parents, or prior legal guardians | 20 | | has been conducted; and
| 21 | | (2) That reunification with the minor's biological | 22 | | parents or prior
adoptive
parents is not a viable option.
| 23 | | (b-5) The Department of Children and Family Services shall | 24 | | provide guidance on best practices and facilitate an exchange | 25 | | of information and best practices among counties on an annual | 26 | | basis, commencing no later than January 1, 2015, on assisting a |
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| 1 | | minor in a juvenile court case who is eligible for special | 2 | | immigrant juvenile status under 8
U.S.C. Section | 3 | | 1101(a)(27)(J). This exchange of information may be | 4 | | accomplished by posting training and other information on the | 5 | | Department's Internet Web site. The guidance shall include | 6 | | procedures for assisting eligible minors in applying for | 7 | | special immigrant juvenile status, before the children reach 21 | 8 | | years of age or get married, and applying for T visas, U visas, | 9 | | and federal Violence Against Women Act of 1994 self-petitions. | 10 | | (c) For the purposes of this Section:
| 11 | | (1) The term "abandonment" means the failure of a | 12 | | parent or legal guardian
to maintain a reasonable degree of | 13 | | interest, concern, or responsibility for the
welfare of his | 14 | | or her minor child or ward.
| 15 | | (2) The term "special immigrant minor" means an | 16 | | immigrant minor who (i) is
present in the United States and | 17 | | has been made a ward of the court
and (ii) for whom it has | 18 | | been determined by the juvenile court or in an
| 19 | | administrative or
judicial proceeding that it would not be | 20 | | in his or her best interests to be
returned to his or her | 21 | | previous country of nationality or country of last
habitual | 22 | | residence.
| 23 | | (d) This Section does not apply to a minor who applies for | 24 | | special immigrant
minor status solely for the purpose of | 25 | | qualifying for financial assistance for
himself or herself or | 26 | | for his or her parents, guardian, or custodian.
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| 1 | | (Source: P.A. 93-145, eff. 7-10-03.)
| 2 | | (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
| 3 | | Sec. 2-28. Court review.
| 4 | | (1) The court may require any legal custodian or guardian | 5 | | of the person
appointed under this Act to report periodically | 6 | | to the court or may cite
him into court and require him or his | 7 | | agency, to make a full and
accurate report of his or its doings | 8 | | in behalf of the minor. The
custodian or guardian, within 10 | 9 | | days after such citation, shall make
the report, either in | 10 | | writing verified by affidavit or orally under oath
in open | 11 | | court, or otherwise as the court directs. Upon the hearing of
| 12 | | the report the court may remove the custodian or guardian and | 13 | | appoint
another in his stead or restore the minor to the | 14 | | custody of his parents
or former guardian or custodian. | 15 | | However, custody of the minor shall
not be restored to any | 16 | | parent, guardian or legal custodian in any case
in which the | 17 | | minor is found to be neglected or abused under Section 2-3 or
| 18 | | dependent under Section 2-4 of this
Act, unless the minor can | 19 | | be cared for at home without endangering the
minor's health or | 20 | | safety and it is in the best interests of the minor, and
if | 21 | | such neglect,
abuse, or dependency is found by the court under | 22 | | paragraph (1)
of Section 2-21 of
this Act to have come about | 23 | | due to the acts or omissions or both of such
parent, guardian
| 24 | | or legal custodian, until such time as an investigation is made | 25 | | as provided in
paragraph (5) and a hearing is held on the issue |
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| 1 | | of the fitness of such parent,
guardian or legal custodian to | 2 | | care for the minor and the court enters an order
that such | 3 | | parent, guardian or legal custodian is fit to care for the | 4 | | minor.
| 5 | | (2) The first permanency hearing shall be
conducted by the | 6 | | judge. Subsequent permanency hearings may be
heard by a judge | 7 | | or by hearing officers appointed or approved by the court in
| 8 | | the manner set forth in Section 2-28.1 of this Act.
The initial | 9 | | hearing shall be held (a) within 12 months from the date
| 10 | | temporary
custody was taken, regardless of whether an | 11 | | adjudication or dispositional hearing has been completed | 12 | | within that time frame, (b) if the parental rights of both | 13 | | parents have been
terminated in accordance with the procedure | 14 | | described in subsection (5) of
Section 2-21, within
30 days of | 15 | | the order for termination of parental rights and appointment of
| 16 | | a guardian with power to consent to adoption, or (c) in | 17 | | accordance with
subsection
(2) of Section 2-13.1. Subsequent | 18 | | permanency hearings
shall be held every 6 months
or more | 19 | | frequently if necessary in the court's determination following | 20 | | the
initial permanency hearing, in accordance with the | 21 | | standards set forth in this
Section, until the court determines | 22 | | that the plan and goal have been achieved.
Once the plan and | 23 | | goal have been achieved, if the minor remains in substitute
| 24 | | care, the case shall be reviewed at least every 6 months | 25 | | thereafter, subject to
the provisions of this Section, unless | 26 | | the minor is placed in the guardianship
of a suitable relative |
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| 1 | | or other person and the court determines that further
| 2 | | monitoring by the court does not further the health, safety or | 3 | | best interest of
the child and that this is a stable permanent | 4 | | placement.
The permanency hearings must occur within the time | 5 | | frames set forth in this
subsection and may not be delayed in | 6 | | anticipation of a report from any source or due to the agency's | 7 | | failure to timely file its written report (this
written report | 8 | | means the one required under the next paragraph and does not
| 9 | | mean the service plan also referred to in that paragraph).
| 10 | | The public agency that is the custodian or guardian of the | 11 | | minor, or another
agency responsible for the minor's care, | 12 | | shall ensure that all parties to the
permanency hearings are | 13 | | provided a copy of the most recent
service plan prepared within | 14 | | the prior 6 months
at least 14 days in advance of the hearing. | 15 | | If not contained in the plan, the
agency shall also include a | 16 | | report setting forth (i) any special
physical, psychological, | 17 | | educational, medical, emotional, or other needs of the
minor or | 18 | | his or her family that are relevant to a permanency or | 19 | | placement
determination and (ii) for any minor age 16 or over, | 20 | | a written description of
the programs and services that will | 21 | | enable the minor to prepare for independent
living. The | 22 | | agency's written report must detail what progress or lack of
| 23 | | progress the parent has made in correcting the conditions | 24 | | requiring the child
to be in care; whether the child can be | 25 | | returned home without jeopardizing the
child's health, safety, | 26 | | and welfare, and if not, what permanency goal is
recommended to |
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| 1 | | be in the best interests of the child, and why the other
| 2 | | permanency goals are not appropriate. The caseworker must | 3 | | appear and testify
at the permanency hearing. If a permanency | 4 | | hearing has not previously been
scheduled by the court, the | 5 | | moving party shall move for the setting of a
permanency hearing | 6 | | and the entry of an order within the time frames set forth
in | 7 | | this subsection.
| 8 | | At the permanency hearing, the court shall determine the | 9 | | future status
of the child. The court shall set one of the | 10 | | following permanency goals:
| 11 | | (A) The minor will be returned home by a specific date | 12 | | within 5
months.
| 13 | | (B) The minor will be in short-term care with a
| 14 | | continued goal to return home within a period not to exceed | 15 | | one
year, where the progress of the parent or parents is | 16 | | substantial giving
particular consideration to the age and | 17 | | individual needs of the minor.
| 18 | | (B-1) The minor will be in short-term care with a | 19 | | continued goal to return
home pending a status hearing. | 20 | | When the court finds that a parent has not made
reasonable | 21 | | efforts or reasonable progress to date, the court shall | 22 | | identify
what actions the parent and the Department must | 23 | | take in order to justify a
finding of reasonable efforts or | 24 | | reasonable progress and shall set a status
hearing to be | 25 | | held not earlier than 9 months from the date of | 26 | | adjudication nor
later than 11 months from the date of |
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| 1 | | adjudication during which the parent's
progress will again | 2 | | be reviewed.
| 3 | | (C) The minor will be in substitute care pending court
| 4 | | determination on termination of parental rights.
| 5 | | (D) Adoption, provided that parental rights have been | 6 | | terminated or
relinquished.
| 7 | | (E) The guardianship of the minor will be transferred | 8 | | to an individual or
couple on a permanent basis provided | 9 | | that goals (A) through (D) have
been ruled out.
| 10 | | (F) The minor over age 15 will be in substitute care | 11 | | pending
independence.
| 12 | | (G) The minor will be in substitute care because he or | 13 | | she cannot be
provided for in a home environment due to | 14 | | developmental
disabilities or mental illness or because he | 15 | | or she is a danger to self or
others, provided that goals | 16 | | (A) through (D) have been ruled out.
| 17 | | In selecting any permanency goal, the court shall indicate | 18 | | in writing the
reasons the goal was selected and why the | 19 | | preceding goals were ruled out.
Where the court has selected a | 20 | | permanency goal other than (A), (B), or (B-1),
the
Department | 21 | | of Children and Family Services shall not provide further
| 22 | | reunification services, but shall provide services
consistent | 23 | | with the goal
selected.
| 24 | | (H) Notwithstanding any other provision in this | 25 | | Section, the court may select the goal of continuing foster | 26 | | care as a permanency goal if: |
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| 1 | | (1) The Department of Children and Family Services | 2 | | has custody and guardianship of the minor; | 3 | | (2) The court has ruled out all other permanency | 4 | | goals based on the child's best interest;
| 5 | | (3) The court has found compelling reasons, based | 6 | | on written documentation reviewed by the court, to | 7 | | place the minor in continuing foster care. Compelling | 8 | | reasons include:
| 9 | | (a) the child does not wish to be adopted or to | 10 | | be placed in the guardianship of his or her | 11 | | relative or foster care placement;
| 12 | | (b) the child exhibits an extreme level of need | 13 | | such that the removal of the child from his or her | 14 | | placement would be detrimental to the child; or
| 15 | | (c) the child who is the subject of the | 16 | | permanency hearing has existing close and strong | 17 | | bonds with a sibling, and achievement of another | 18 | | permanency goal would substantially interfere with | 19 | | the subject child's sibling relationship, taking | 20 | | into consideration the nature and extent of the | 21 | | relationship, and whether ongoing contact is in | 22 | | the subject child's best interest, including | 23 | | long-term emotional interest, as compared with the | 24 | | legal and emotional benefit of permanence;
| 25 | | (4) The child has lived with the relative or foster | 26 | | parent for at least one year; and
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| 1 | | (5) The relative or foster parent currently caring | 2 | | for the child is willing and capable of providing the | 3 | | child with a stable and permanent environment. | 4 | | The court shall set a
permanency
goal that is in the best | 5 | | interest of the child. In determining that goal, the court | 6 | | shall consult with the minor in an age-appropriate manner | 7 | | regarding the proposed permanency or transition plan for the | 8 | | minor. The court's determination
shall include the following | 9 | | factors:
| 10 | | (1) Age of the child.
| 11 | | (2) Options available for permanence, including both | 12 | | out-of-State and in-State placement options.
| 13 | | (3) Current placement of the child and the intent of | 14 | | the family regarding
adoption.
| 15 | | (4) Emotional, physical, and mental status or | 16 | | condition of the child.
| 17 | | (5) Types of services previously offered and whether or | 18 | | not
the services were successful and, if not successful, | 19 | | the reasons the services
failed.
| 20 | | (6) Availability of services currently needed and | 21 | | whether the services
exist.
| 22 | | (7) Status of siblings of the minor.
| 23 | | The court shall consider (i) the permanency goal contained | 24 | | in the service
plan, (ii) the appropriateness of the
services | 25 | | contained in the plan and whether those services have been
| 26 | | provided, (iii) whether reasonable efforts have been made by |
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| 1 | | all
the parties to the service plan to achieve the goal, and | 2 | | (iv) whether the plan
and goal have been achieved. All evidence
| 3 | | relevant to determining these questions, including oral and | 4 | | written reports,
may be admitted and may be relied on to the | 5 | | extent of their probative value.
| 6 | | The court shall make findings as to whether, in violation | 7 | | of Section 8.2 of the Abused and Neglected Child Reporting Act, | 8 | | any portion of the service plan compels a child or parent to | 9 | | engage in any activity or refrain from any activity that is not | 10 | | reasonably related to remedying a condition or conditions that | 11 | | gave rise or which could give rise to any finding of child | 12 | | abuse or neglect. The services contained in the service plan | 13 | | shall include services reasonably related to remedy the | 14 | | conditions that gave rise to removal of the child from the home | 15 | | of his or her parents, guardian, or legal custodian or that the | 16 | | court has found must be remedied prior to returning the child | 17 | | home. Any tasks the court requires of the parents, guardian, or | 18 | | legal custodian or child prior to returning the child home, | 19 | | must be reasonably related to remedying a condition or | 20 | | conditions that gave rise to or which could give rise to any | 21 | | finding of child abuse or neglect. | 22 | | If the permanency goal is to return home, the court shall | 23 | | make findings that identify any problems that are causing | 24 | | continued placement of the children away from the home and | 25 | | identify what outcomes would be considered a resolution to | 26 | | these problems. The court shall explain to the parents that |
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| 1 | | these findings are based on the information that the court has | 2 | | at that time and may be revised, should additional evidence be | 3 | | presented to the court. | 4 | | The court shall review the Sibling Contact and Support Plan | 5 | | developed or modified under subsection (f) of Section 7.4 of | 6 | | the Children and Family Services Act, if applicable. If the | 7 | | Department has not convened a meeting to
develop or modify a | 8 | | Sibling Contact Support Plan, or if the court finds that the | 9 | | existing Plan
is not in the child's best interest, the court | 10 | | may enter an order requiring the Department to
develop, modify | 11 | | or implement a Sibling Contact Support Plan, or order | 12 | | mediation. | 13 | | If the goal has been achieved, the court shall enter orders | 14 | | that are
necessary to conform the minor's legal custody and | 15 | | status to those findings.
| 16 | | If, after receiving evidence, the court determines that the | 17 | | services
contained in the plan are not reasonably calculated to | 18 | | facilitate achievement
of the permanency goal, the court shall | 19 | | put in writing the factual basis
supporting the determination | 20 | | and enter specific findings based on the evidence.
The court | 21 | | also shall enter an order for the Department to develop and
| 22 | | implement a new service plan or to implement changes to the | 23 | | current service
plan consistent with the court's findings. The | 24 | | new service plan shall be filed
with the court and served on | 25 | | all parties within 45 days of the date of the
order. The court | 26 | | shall continue the matter until the new service plan is
filed. |
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| 1 | | Unless otherwise specifically authorized by law, the court is | 2 | | not
empowered under this subsection (2) or under subsection (3) | 3 | | to order specific
placements, specific services, or specific | 4 | | service providers to be included in
the plan.
| 5 | | A guardian or custodian appointed by the court pursuant to | 6 | | this Act shall
file updated case plans with the court every 6 | 7 | | months.
| 8 | | Rights of wards of the court under this Act are enforceable | 9 | | against
any public agency by complaints for relief by mandamus | 10 | | filed in any
proceedings brought under this Act.
| 11 | | (3) Following the permanency hearing, the court shall enter | 12 | | a written order
that includes the determinations required under | 13 | | subsection (2) of this
Section and sets forth the following:
| 14 | | (a) The future status of the minor, including the | 15 | | permanency goal, and
any order necessary to conform the | 16 | | minor's legal custody and status to such
determination; or
| 17 | | (b) If the permanency goal of the minor cannot be | 18 | | achieved immediately,
the specific reasons for continuing | 19 | | the minor in the care of the Department of
Children and | 20 | | Family Services or other agency for short term placement, | 21 | | and the
following determinations:
| 22 | | (i) (Blank).
| 23 | | (ii) Whether the services required by the court
and | 24 | | by any service plan prepared within the prior 6 months
| 25 | | have been provided and (A) if so, whether the services | 26 | | were reasonably
calculated to facilitate the |
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| 1 | | achievement of the permanency goal or (B) if not
| 2 | | provided, why the services were not provided.
| 3 | | (iii) Whether the minor's placement is necessary, | 4 | | and appropriate to the
plan and goal, recognizing the | 5 | | right of minors to the least restrictive (most
| 6 | | family-like) setting available and in close proximity | 7 | | to the parents' home
consistent with the health, | 8 | | safety, best interest and special needs of the
minor | 9 | | and, if the minor is placed out-of-State, whether the | 10 | | out-of-State
placement continues to be appropriate and | 11 | | consistent with the health, safety,
and best interest | 12 | | of the minor.
| 13 | | (iv) (Blank).
| 14 | | (v) (Blank).
| 15 | | (4) The minor or any person interested in the minor may | 16 | | apply to the
court for a change in custody of the minor and the | 17 | | appointment of a new
custodian or guardian of the person or for | 18 | | the restoration of the minor
to the custody of his parents or | 19 | | former guardian or custodian.
| 20 | | When return home is not selected as the permanency goal:
| 21 | | (a) The Department, the minor, or the current
foster | 22 | | parent or relative
caregiver seeking private guardianship | 23 | | may file a motion for private
guardianship of the minor. | 24 | | Appointment of a guardian under this Section
requires | 25 | | approval of the court.
| 26 | | (b) The State's Attorney may file a motion to terminate |
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| 1 | | parental rights of
any parent who has failed to make | 2 | | reasonable efforts to correct the conditions
which led to | 3 | | the removal of the child or reasonable progress toward the | 4 | | return
of the child, as defined in subdivision (D)(m) of | 5 | | Section 1 of the Adoption Act
or for whom any other | 6 | | unfitness ground for terminating parental rights as
| 7 | | defined in subdivision (D) of Section 1 of the Adoption Act | 8 | | exists. | 9 | | When parental rights have been terminated for a minimum | 10 | | of 3 years and the child who is the subject of the | 11 | | permanency hearing is 13 years old or older and is not | 12 | | currently placed in a placement likely to achieve | 13 | | permanency, the Department of
Children and Family Services | 14 | | shall make reasonable efforts to locate parents whose | 15 | | rights have been terminated, except when the Court | 16 | | determines that those efforts would be futile or | 17 | | inconsistent with the subject child's best interests. The | 18 | | Department of
Children and Family Services shall assess the | 19 | | appropriateness of the parent whose rights have been | 20 | | terminated, and shall, as appropriate, foster and support | 21 | | connections between the parent whose rights have been | 22 | | terminated and the youth. The Department of
Children and | 23 | | Family Services shall document its determinations and | 24 | | efforts to foster connections in the child's case plan.
| 25 | | Custody of the minor shall not be restored to any parent, | 26 | | guardian or legal
custodian in any case in which the minor is |
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| 1 | | found to be neglected or abused
under Section 2-3 or dependent | 2 | | under Section 2-4 of this Act, unless the
minor can be cared | 3 | | for at home
without endangering his or her health or safety and | 4 | | it is in the best
interest of the minor,
and if such neglect, | 5 | | abuse, or dependency is found by the court
under paragraph (1) | 6 | | of Section 2-21 of this Act to have come
about due to the acts | 7 | | or omissions or both of such parent, guardian or legal
| 8 | | custodian, until such time as an investigation is made as | 9 | | provided in
paragraph (5) and a hearing is held on the issue of | 10 | | the health,
safety and
best interest of the minor and the | 11 | | fitness of such
parent, guardian or legal custodian to care for | 12 | | the minor and the court
enters an order that such parent, | 13 | | guardian or legal custodian is fit to
care for the minor. In | 14 | | the event that the minor has attained 18 years
of age and the | 15 | | guardian or custodian petitions the court for an order
| 16 | | terminating his guardianship or custody, guardianship or | 17 | | custody shall
terminate automatically 30 days after the receipt | 18 | | of the petition unless
the court orders otherwise. No legal | 19 | | custodian or guardian of the
person may be removed without his | 20 | | consent until given notice and an
opportunity to be heard by | 21 | | the court.
| 22 | | When the court orders a child restored to the custody of | 23 | | the parent or
parents, the court shall order the parent or | 24 | | parents to cooperate with the
Department of Children and Family | 25 | | Services and comply with the terms of an
after-care plan, or | 26 | | risk the loss of custody of the child and possible
termination |
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| 1 | | of their parental rights. The court may also enter an order of
| 2 | | protective supervision in accordance with Section 2-24.
| 3 | | (5) Whenever a parent, guardian, or legal custodian files a | 4 | | motion for
restoration of custody of the minor, and the minor | 5 | | was adjudicated
neglected, abused, or dependent as a result of | 6 | | physical abuse,
the court shall cause to be
made an | 7 | | investigation as to whether the movant has ever been charged
| 8 | | with or convicted of any criminal offense which would indicate | 9 | | the
likelihood of any further physical abuse to the minor. | 10 | | Evidence of such
criminal convictions shall be taken into | 11 | | account in determining whether the
minor can be cared for at | 12 | | home without endangering his or her health or safety
and | 13 | | fitness of the parent, guardian, or legal custodian.
| 14 | | (a) Any agency of this State or any subdivision thereof | 15 | | shall
co-operate with the agent of the court in providing | 16 | | any information
sought in the investigation.
| 17 | | (b) The information derived from the investigation and | 18 | | any
conclusions or recommendations derived from the | 19 | | information shall be
provided to the parent, guardian, or | 20 | | legal custodian seeking restoration
of custody prior to the | 21 | | hearing on fitness and the movant shall have
an opportunity | 22 | | at the hearing to refute the information or contest its
| 23 | | significance.
| 24 | | (c) All information obtained from any investigation | 25 | | shall be confidential
as provided in Section 5-150 of this | 26 | | Act.
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| 1 | | (6) In determining whether a parent has failed to make | 2 | | progress under this Section, the court shall consider the | 3 | | parent's detention by the United States Department of Homeland | 4 | | Security or deportation. | 5 | | (Source: P.A. 96-600, eff. 8-21-09; 96-1375, eff. 7-29-10; | 6 | | 97-425, eff. 8-16-11; 97-1076, eff. 8-24-12.)
| 7 | | (705 ILCS 405/2-35 new) | 8 | | Sec. 2-35. Immigration hold, detention, or deportation. | 9 | | (1) Notwithstanding any other provision of this Article, if | 10 | | the parent has been arrested and issued an immigration hold, | 11 | | detained by the United States Department of Homeland Security, | 12 | | or deported to his or her country of origin, and the court | 13 | | determines either that there is a substantial probability that | 14 | | the child will be returned to the physical custody of his or | 15 | | her parent or legal guardian and safely maintained in the home | 16 | | within the extended period of time or that reasonable services | 17 | | have not been provided to the parent or legal guardian, a | 18 | | proceeding under this Article may be continued for up to 6 | 19 | | months for a permanency hearing, provided that the hearing | 20 | | shall occur within 18 months of the date the child was | 21 | | originally taken from the physical custody of his or her parent | 22 | | or legal guardian. | 23 | | (2) For purposes of subsection (1), in order to find a | 24 | | substantial probability that the child will be returned to the | 25 | | physical custody of his or her parent or legal guardian and |
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| 1 | | safely maintained in the home within the extended period of | 2 | | time, the court must find all of the following: | 3 | | (a) The parent or legal guardian has consistently and | 4 | | regularly contacted and visited with the child, taking into | 5 | | account any particular barriers to a parent's ability to | 6 | | maintain contact with his or her child due to the parent's | 7 | | arrest and receipt of an immigration hold, detention by the | 8 | | United States Department of Homeland Security, or | 9 | | deportation. | 10 | | (b) The parent or legal guardian has made significant | 11 | | progress in resolving the problems that led to the child's | 12 | | removal from the home. | 13 | | (c) The parent or legal guardian has demonstrated the | 14 | | capacity or ability both to complete the objectives of his | 15 | | or her treatment plan and to provide for the child's | 16 | | safety, protection, physical and emotional well-being, and | 17 | | special needs. | 18 | | (705 ILCS 405/2-36 new) | 19 | | Sec. 2-36. Placement outside the United States. | 20 | | (1) Any minor for whom the Department of Children and | 21 | | Family Services Guardianship Administrator is appointed the | 22 | | temporary custodian shall not be placed outside the United | 23 | | States prior to a judicial finding that the placement is in the | 24 | | best interest of the child, except as required by federal law | 25 | | or treaty. |
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| 1 | | (2) The party requesting placement of the child outside the | 2 | | United States shall carry the burden of proof and must show, by | 3 | | clear and convincing evidence, that placement outside the | 4 | | United States is in the best interest of the minor. | 5 | | (3) In determining the best interest of the minor, the | 6 | | court shall consider, but not be limited to, the following | 7 | | factors: | 8 | | (a) Placement with a relative. | 9 | | (b) Placement of siblings in the same home. | 10 | | (c) The amount and nature of any contact between the | 11 | | minor and the potential guardian or caretaker. | 12 | | (d) The physical and medical needs of the dependent | 13 | | minor. | 14 | | (e) The psychological and emotional needs of the | 15 | | dependent minor. | 16 | | (f) The social, cultural, and educational needs of the | 17 | | dependent minor. | 18 | | (g) The specific desires of any dependent minor who is | 19 | | 12 years of age or older. | 20 | | (4) If the court finds that a placement outside the United | 21 | | States is, by clear and convincing evidence, in the best | 22 | | interest of the minor, the court may issue an order authorizing | 23 | | the Department of Children and Family Services Guardianship | 24 | | Administrator to make a placement outside the United States. A | 25 | | minor subject to this Section shall not leave the United States | 26 | | prior to the issuance of the order described in this Section. |
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| 1 | | Section 15. The Illinois Marriage and Dissolution of | 2 | | Marriage Act is amended by changing Section 602 as follows:
| 3 | | (750 ILCS 5/602) (from Ch. 40, par. 602)
| 4 | | Sec. 602. Best Interest of Child.
| 5 | | (a) The court shall determine
custody in accordance with | 6 | | the best interest of the child. The court
shall consider all | 7 | | relevant factors including:
| 8 | | (1) the wishes of the child's parent or parents as to | 9 | | his custody;
| 10 | | (2) the wishes of the child as to his custodian;
| 11 | | (3) the interaction and interrelationship of the child | 12 | | with his
parent or parents, his siblings and any other | 13 | | person who may
significantly affect the child's best | 14 | | interest;
| 15 | | (4) the child's adjustment to his home, school and | 16 | | community;
| 17 | | (5) the mental and physical health of all individuals | 18 | | involved;
| 19 | | (6) the physical violence or threat of physical | 20 | | violence by the child's
potential custodian, whether | 21 | | directed against the child or directed against
another | 22 | | person;
| 23 | | (7) the occurrence of ongoing or repeated abuse as | 24 | | defined in Section 103 of the
Illinois Domestic Violence |
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| 1 | | Act of 1986, whether directed against the child
or directed | 2 | | against another person;
| 3 | | (8) the willingness and ability of each parent to | 4 | | facilitate and
encourage a close and continuing | 5 | | relationship between the other parent
and the child;
| 6 | | (9) whether one of the parents is a sex offender; and
| 7 | | (10) the terms of a parent's military family-care plan | 8 | | that a parent must complete before deployment if a parent | 9 | | is a member of the United States Armed Forces who is being | 10 | | deployed. | 11 | | In the case of a custody proceeding in which a stepparent | 12 | | has standing
under Section 601, it is presumed to be in the | 13 | | best interest of the minor child
that the natural parent have | 14 | | the custody of the minor child unless the
presumption is | 15 | | rebutted by the stepparent.
| 16 | | (b) The court shall not consider conduct of a present or | 17 | | proposed
custodian that does not affect his relationship to the | 18 | | child.
| 19 | | (c) Unless the court finds the occurrence of ongoing abuse | 20 | | as defined
in Section 103 of the Illinois Domestic Violence Act | 21 | | of 1986, the court
shall presume that the maximum involvement | 22 | | and cooperation
of both parents regarding the physical, mental, | 23 | | moral, and emotional
well-being of
their child is in the best | 24 | | interest of the child. There shall be no
presumption in favor | 25 | | of or against joint custody.
| 26 | | (d) The immigration status of a parent, legal guardian, or |
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| 1 | | relative does not disqualify the parent, legal guardian, or | 2 | | relative from receiving custody. | 3 | | (Source: P.A. 95-331, eff. 8-21-07; 96-676, eff. 1-1-10.)
| 4 | | Section 20. The Probate Act of 1975 is amended by changing | 5 | | Section 11-3 as follows:
| 6 | | (755 ILCS 5/11-3) (from Ch. 110 1/2, par. 11-3)
| 7 | | Sec. 11-3. Who may act as guardian.
| 8 | | (a) A person is
qualified to act
as guardian of the person | 9 | | and as
guardian of the estate if the court finds that the | 10 | | proposed guardian is capable of providing an active and | 11 | | suitable program of guardianship for the minor and that the | 12 | | proposed guardian: | 13 | | (1) has attained the age of 18 years; | 14 | | (2) is a resident of the United States; | 15 | | (3) is not of unsound mind; | 16 | | (4) is not an adjudged disabled person as defined in | 17 | | this Act; and | 18 | | (5) has not been convicted of a felony, unless the | 19 | | court finds appointment of the person convicted of a felony | 20 | | to be in the minor's best interests, and as part of the | 21 | | best interest determination, the court has considered the | 22 | | nature of the offense, the date of offense, and the | 23 | | evidence of the proposed guardian's rehabilitation. No | 24 | | person shall be appointed who has been convicted of a |
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| 1 | | felony involving harm or threat to a child, including a | 2 | | felony sexual offense. | 3 | | One person may be appointed guardian of the
person and another | 4 | | person appointed guardian of the estate.
| 5 | | (b) The Department of Human Services
or the Department of | 6 | | Children and Family Services may with the approval
of the court | 7 | | designate one of its employees to serve without fees as
| 8 | | guardian of the estate of a minor patient in a State mental | 9 | | hospital or
a resident in a State institution when the value of | 10 | | the personal estate
does not exceed $1,000.
| 11 | | (c) A relative's immigration status does not disqualify the | 12 | | relative from acting
as guardian. | 13 | | (Source: P.A. 94-579, eff. 8-12-05.)
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 20 ILCS 1305/1-35 | | | 4 | | 705 ILCS 405/1-19 new | | | 5 | | 705 ILCS 405/1-20 new | | | 6 | | 705 ILCS 405/1-21 new | | | 7 | | 705 ILCS 405/2-4a | | | 8 | | 705 ILCS 405/2-28 | from Ch. 37, par. 802-28 | | 9 | | 705 ILCS 405/2-35 new | | | 10 | | 705 ILCS 405/2-36 new | | | 11 | | 750 ILCS 5/602 | from Ch. 40, par. 602 | | 12 | | 755 ILCS 5/11-3 | from Ch. 110 1/2, par. 11-3 |
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