Full Text of HB3806 097th General Assembly
HB3806enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning minors.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Juvenile Court Act of 1987 is amended by | 5 | | changing Section 3-33.5 as follows: | 6 | | (705 ILCS 405/3-33.5)
| 7 | | Sec. 3-33.5. Truant minors in need of supervision.
| 8 | | (a) Definition. A
minor who is reported by the office of | 9 | | the regional superintendent of schools,
or, in cities of over | 10 | | 500,000 inhabitants, by the Office of Chronic Truant
| 11 | | Adjudication, as a chronic truant may be subject to a petition | 12 | | for adjudication and adjudged a
truant minor in need of | 13 | | supervision, provided that prior to the filing of the petition, | 14 | | the office
of the regional superintendent of schools, the | 15 | | Office of Chronic Truant
Adjudication, or a community truancy | 16 | | review board certifies that the local school has provided | 17 | | appropriate truancy intervention services
to the truant minor | 18 | | and his or her family. For purposes of this Section, "truancy | 19 | | intervention services"
means services designed to assist the | 20 | | minor's return to an educational program, and includes but is | 21 | | not
limited to: assessments, counseling, mental health | 22 | | services, shelter, optional and alternative education
| 23 | | programs, tutoring, and educational advocacy. If, after review |
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| 1 | | by the regional office of education, the Office of Chronic | 2 | | Truant
Adjudication, or
community truancy review board it is | 3 | | determined the local
school did not provide the appropriate | 4 | | interventions, then the minor shall be referred to a | 5 | | comprehensive community
based youth service agency for truancy | 6 | | intervention services. If the comprehensive community based | 7 | | youth service
agency is incapable to provide intervention | 8 | | services, then this requirement for services is
not applicable. | 9 | | The comprehensive community based youth service agency shall | 10 | | submit reports to the office of the
regional superintendent of | 11 | | schools, the Office of Chronic Truant
Adjudication, or truancy | 12 | | review board within 20, 40, and 80 school days of the initial | 13 | | referral or at any other time requested by the
office of the | 14 | | regional superintendent of schools, the Office of Chronic | 15 | | Truant
Adjudication, or truancy review board, which reports | 16 | | each shall certify the date of the minor's referral and the | 17 | | extent of the
minor's progress and participation in truancy | 18 | | intervention services provided by the comprehensive community | 19 | | based youth service agency. In addition, if, after referral by | 20 | | the office of the regional superintendent of
schools, the | 21 | | Office of Chronic Truant
Adjudication, or community truancy | 22 | | review board, the minor
declines or refuses to fully | 23 | | participate in truancy intervention services provided by the | 24 | | comprehensive community based
youth service agency, then the | 25 | | agency shall immediately certify such facts to the office of | 26 | | the regional
superintendent of schools, the Office of Chronic |
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| 1 | | Truant
Adjudication, or community truancy review board. | 2 | | (a-1) There is a rebuttable presumption that a chronic | 3 | | truant is a truant
minor in need of supervision. | 4 | | (a-2) There is a rebuttable presumption that school records | 5 | | of a minor's
attendance at school are authentic. | 6 | | (a-3) For purposes of this Section, "chronic truant" means | 7 | | a minor subject to compulsory school attendance and who is | 8 | | absent without valid cause from such attendance for 10% or more | 9 | | of the previous 180 regular attendance days and has the meaning
| 10 | | ascribed to it in Section 26-2a of the School Code. | 11 | | (a-4) For purposes of this Section, a "community truancy | 12 | | review board" is a local community based board comprised of but | 13 | | not limited to: representatives from local comprehensive | 14 | | community based youth service agencies, representatives from | 15 | | court service agencies, representatives from local schools, | 16 | | representatives from health service agencies, and | 17 | | representatives from local professional and community | 18 | | organizations as deemed appropriate by the office of the | 19 | | regional superintendent of schools, or, in cities of over | 20 | | 500,000 inhabitants, by the Office of Chronic Truant
| 21 | | Adjudication. The regional superintendent of schools, or, in | 22 | | cities of over 500,000 inhabitants, the Office of Chronic | 23 | | Truant
Adjudication, must approve the establishment and | 24 | | organization of a community truancy review board and the | 25 | | regional superintendent of schools or his or her designee, or, | 26 | | in cities of over 500,000 inhabitants, the general |
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| 1 | | superintendent of schools or his or her designee, shall chair | 2 | | the board. | 3 | | (a-5) Nothing in this Section shall be construed to create | 4 | | a private cause of action or right of recovery against a | 5 | | regional office of education or the Office of Chronic Truant
| 6 | | Adjudication, its superintendent, or its staff with respect to | 7 | | truancy intervention services where the determination to | 8 | | provide the services is made in good faith. | 9 | | (b) Kinds of dispositional orders. A minor found to be a | 10 | | truant minor
in need of supervision may be: | 11 | | (1) committed to the appropriate
regional | 12 | | superintendent of schools for a student assistance team | 13 | | staffing, a service plan, or referral to a comprehensive | 14 | | community based youth service agency; | 15 | | (2) required to comply with a service
plan as | 16 | | specifically provided by the appropriate regional | 17 | | superintendent of
schools; | 18 | | (3) ordered to obtain counseling or other supportive | 19 | | services; | 20 | | (4) subject to a fine in an amount in excess of $5, but | 21 | | not exceeding
$100, and each day of absence without valid | 22 | | cause as defined in Section 26-2a
of The School Code is a | 23 | | separate offense; | 24 | | (5) required to perform some reasonable public service | 25 | | work such as, but
not limited to, the picking up of litter | 26 | | in public parks or along public
highways or the maintenance |
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| 1 | | of public facilities; or | 2 | | (6) subject to having his or her driver's license or | 3 | | driving privilege
suspended for a period of time as | 4 | | determined by the court but only until he
or she attains 18 | 5 | | years of age. | 6 | | A dispositional order may include a fine, public service, | 7 | | or
suspension of a driver's license or privilege only if the | 8 | | court has made an
express written finding that a truancy | 9 | | prevention program has been offered by
the school, regional | 10 | | superintendent of schools, or a comprehensive community based | 11 | | youth service
agency to the truant minor in need of | 12 | | supervision. | 13 | | (c) Orders entered under this Section may be enforced by | 14 | | contempt
proceedings.
| 15 | | (Source: P.A. 94-1011, eff. 7-7-06.)
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.
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