Full Text of HB4825 096th General Assembly
HB4825enr 96TH GENERAL ASSEMBLY
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HB4825 Enrolled |
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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 Sections 2-28 and 2-34 as follows:
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| (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
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| Sec. 2-28. Court review.
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| (1) The court may require any legal custodian or guardian | 9 |
| of the person
appointed under this Act to report periodically | 10 |
| to the court or may cite
him into court and require him or his | 11 |
| agency, to make a full and
accurate report of his or its doings | 12 |
| in behalf of the minor. The
custodian or guardian, within 10 | 13 |
| days after such citation, shall make
the report, either in | 14 |
| writing verified by affidavit or orally under oath
in open | 15 |
| court, or otherwise as the court directs. Upon the hearing of
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| the report the court may remove the custodian or guardian and | 17 |
| appoint
another in his stead or restore the minor to the | 18 |
| custody of his parents
or former guardian or custodian. | 19 |
| However, custody of the minor shall
not be restored to any | 20 |
| parent, guardian or legal custodian in any case
in which the | 21 |
| minor is found to be neglected or abused under Section 2-3 or
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| dependent under Section 2-4 of this
Act, unless the minor can | 23 |
| be cared for at home without endangering the
minor's health or |
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| safety and it is in the best interests of the minor, and
if | 2 |
| such neglect,
abuse, or dependency is found by the court under | 3 |
| paragraph (1)
of Section 2-21 of
this Act to have come about | 4 |
| due to the acts or omissions or both of such
parent, guardian
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| or legal custodian, until such time as an investigation is made | 6 |
| as provided in
paragraph (5) and a hearing is held on the issue | 7 |
| of the fitness of such parent,
guardian or legal custodian to | 8 |
| care for the minor and the court enters an order
that such | 9 |
| parent, guardian or legal custodian is fit to care for the | 10 |
| minor.
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| (2) The first permanency hearing shall be
conducted by the | 12 |
| judge. Subsequent permanency hearings may be
heard by a judge | 13 |
| or by hearing officers appointed or approved by the court in
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| the manner set forth in Section 2-28.1 of this Act.
The initial | 15 |
| hearing shall be held (a) within 12 months from the date
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| temporary
custody was taken, (b) if the parental rights of both | 17 |
| parents have been
terminated in accordance with the procedure | 18 |
| described in subsection (5) of
Section 2-21, within
30 days of | 19 |
| the order for termination of parental rights and appointment of
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| a guardian with power to consent to adoption, or (c) in | 21 |
| accordance with
subsection
(2) of Section 2-13.1. Subsequent | 22 |
| permanency hearings
shall be held every 6 months
or more | 23 |
| frequently if necessary in the court's determination following | 24 |
| the
initial permanency hearing, in accordance with the | 25 |
| standards set forth in this
Section, until the court determines | 26 |
| that the plan and goal have been achieved.
Once the plan and |
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| goal have been achieved, if the minor remains in substitute
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| care, the case shall be reviewed at least every 6 months | 3 |
| thereafter, subject to
the provisions of this Section, unless | 4 |
| the minor is placed in the guardianship
of a suitable relative | 5 |
| or other person and the court determines that further
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| monitoring by the court does not further the health, safety or | 7 |
| best interest of
the child and that this is a stable permanent | 8 |
| placement.
The permanency hearings must occur within the time | 9 |
| frames set forth in this
subsection and may not be delayed in | 10 |
| anticipation of a report from any source or due to the agency's | 11 |
| failure to timely file its written report (this
written report | 12 |
| means the one required under the next paragraph and does not
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| mean the service plan also referred to in that paragraph).
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| The public agency that is the custodian or guardian of the | 15 |
| minor, or another
agency responsible for the minor's care, | 16 |
| shall ensure that all parties to the
permanency hearings are | 17 |
| provided a copy of the most recent
service plan prepared within | 18 |
| the prior 6 months
at least 14 days in advance of the hearing. | 19 |
| If not contained in the plan, the
agency shall also include a | 20 |
| report setting forth (i) any special
physical, psychological, | 21 |
| educational, medical, emotional, or other needs of the
minor or | 22 |
| his or her family that are relevant to a permanency or | 23 |
| placement
determination and (ii) for any minor age 16 or over, | 24 |
| a written description of
the programs and services that will | 25 |
| enable the minor to prepare for independent
living. The | 26 |
| agency's written report must detail what progress or lack of
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| progress the parent has made in correcting the conditions | 2 |
| requiring the child
to be in care; whether the child can be | 3 |
| returned home without jeopardizing the
child's health, safety, | 4 |
| and welfare, and if not, what permanency goal is
recommended to | 5 |
| be in the best interests of the child, and why the other
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| permanency goals are not appropriate. The caseworker must | 7 |
| appear and testify
at the permanency hearing. If a permanency | 8 |
| hearing has not previously been
scheduled by the court, the | 9 |
| moving party shall move for the setting of a
permanency hearing | 10 |
| and the entry of an order within the time frames set forth
in | 11 |
| this subsection.
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| At the permanency hearing, the court shall determine the | 13 |
| future status
of the child. The court shall set one of the | 14 |
| following permanency goals:
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| (A) The minor will be returned home by a specific date | 16 |
| within 5
months.
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| (B) The minor will be in short-term care with a
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| continued goal to return home within a period not to exceed | 19 |
| one
year, where the progress of the parent or parents is | 20 |
| substantial giving
particular consideration to the age and | 21 |
| individual needs of the minor.
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| (B-1) The minor will be in short-term care with a | 23 |
| continued goal to return
home pending a status hearing. | 24 |
| When the court finds that a parent has not made
reasonable | 25 |
| efforts or reasonable progress to date, the court shall | 26 |
| identify
what actions the parent and the Department must |
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| take in order to justify a
finding of reasonable efforts or | 2 |
| reasonable progress and shall set a status
hearing to be | 3 |
| held not earlier than 9 months from the date of | 4 |
| adjudication nor
later than 11 months from the date of | 5 |
| adjudication during which the parent's
progress will again | 6 |
| be reviewed.
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| (C) The minor will be in substitute care pending court
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| determination on termination of parental rights.
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| (D) Adoption, provided that parental rights have been | 10 |
| terminated or
relinquished.
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| (E) The guardianship of the minor will be transferred | 12 |
| to an individual or
couple on a permanent basis provided | 13 |
| that goals (A) through (D) have
been ruled out.
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| (F) The minor over age 15 will be in substitute care | 15 |
| pending
independence.
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| (G) The minor will be in substitute care because he or | 17 |
| she cannot be
provided for in a home environment due to | 18 |
| developmental
disabilities or mental illness or because he | 19 |
| or she is a danger to self or
others, provided that goals | 20 |
| (A) through (D) have been ruled out.
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| In selecting any permanency goal, the court shall indicate | 22 |
| in writing the
reasons the goal was selected and why the | 23 |
| preceding goals were ruled out.
Where the court has selected a | 24 |
| permanency goal other than (A), (B), or (B-1),
the
Department | 25 |
| of Children and Family Services shall not provide further
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| reunification services, but shall provide services
consistent |
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| with the goal
selected.
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| (H) Notwithstanding any other provision in this | 3 |
| Section, the court may select the goal of continuing foster | 4 |
| care as a permanency goal if: | 5 |
| (1) The Department of Children and Family Services | 6 |
| has custody and guardianship of the minor; | 7 |
| (2) The court has ruled out all other permanency | 8 |
| goals based on the child's best interest;
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| (3) The court has found compelling reasons, based | 10 |
| on written documentation reviewed by the court, to | 11 |
| place the minor in continuing foster care. Compelling | 12 |
| reasons include:
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| (a) the child does not wish to be adopted or to | 14 |
| be placed in the guardianship of his or her | 15 |
| relative or foster care placement;
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| (b) the child exhibits an extreme level of need | 17 |
| such that the removal of the child from his or her | 18 |
| placement would be detrimental to the child; or
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| (c) the child who is the subject of the | 20 |
| permanency hearing has existing close and strong | 21 |
| bonds with a sibling, and achievement of another | 22 |
| permanency goal would substantially interfere with | 23 |
| the subject child's sibling relationship, taking | 24 |
| into consideration the nature and extent of the | 25 |
| relationship, and whether ongoing contact is in | 26 |
| the subject child's best interest, including |
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| long-term emotional interest, as compared with the | 2 |
| legal and emotional benefit of permanence;
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| (4) The child has lived with the relative or foster | 4 |
| parent for at least one year; and
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| (5) The relative or foster parent currently caring | 6 |
| for the child is willing and capable of providing the | 7 |
| child with a stable and permanent environment. | 8 |
| The court shall set a
permanency
goal that is in the best | 9 |
| interest of the child. In determining that goal, the court | 10 |
| shall consult with the minor in an age-appropriate manner | 11 |
| regarding the proposed permanency or transition plan for the | 12 |
| minor. The court's determination
shall include the following | 13 |
| factors:
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| (1) Age of the child.
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| (2) Options available for permanence, including both | 16 |
| out-of-State and in-State placement options.
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| (3) Current placement of the child and the intent of | 18 |
| the family regarding
adoption.
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| (4) Emotional, physical, and mental status or | 20 |
| condition of the child.
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| (5) Types of services previously offered and whether or | 22 |
| not
the services were successful and, if not successful, | 23 |
| the reasons the services
failed.
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| (6) Availability of services currently needed and | 25 |
| whether the services
exist.
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| (7) Status of siblings of the minor.
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| The court shall consider (i) the permanency goal contained | 2 |
| in the service
plan, (ii) the appropriateness of the
services | 3 |
| contained in the plan and whether those services have been
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| provided, (iii) whether reasonable efforts have been made by | 5 |
| all
the parties to the service plan to achieve the goal, and | 6 |
| (iv) whether the plan
and goal have been achieved. All evidence
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| relevant to determining these questions, including oral and | 8 |
| written reports,
may be admitted and may be relied on to the | 9 |
| extent of their probative value.
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| The court shall make findings as to whether, in violation | 11 |
| of Section 8.2 of the Abused and Neglected Child Reporting Act, | 12 |
| any portion of the service plan compels a child or parent to | 13 |
| engage in any activity or refrain from any activity that is not | 14 |
| reasonably related to remedying a condition or conditions that | 15 |
| gave rise or which could give rise to any finding of child | 16 |
| abuse or neglect. The services contained in the service plan | 17 |
| shall include services reasonably related to remedy the | 18 |
| conditions that gave rise to removal of the child from the home | 19 |
| of his or her parents, guardian, or legal custodian or that the | 20 |
| court has found must be remedied prior to returning the child | 21 |
| home. Any tasks the court requires of the parents, guardian, or | 22 |
| legal custodian or child prior to returning the child home, | 23 |
| must be reasonably related to remedying a condition or | 24 |
| conditions that gave rise to or which could give rise to any | 25 |
| finding of child abuse or neglect. | 26 |
| If the permanency goal is to return home, the court shall |
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| make findings that identify any problems that are causing | 2 |
| continued placement of the children away from the home and | 3 |
| identify what outcomes would be considered a resolution to | 4 |
| these problems. The court shall explain to the parents that | 5 |
| these findings are based on the information that the court has | 6 |
| at that time and may be revised, should additional evidence be | 7 |
| presented to the court. | 8 |
| If the goal has been achieved, the court shall enter orders | 9 |
| that are
necessary to conform the minor's legal custody and | 10 |
| status to those findings.
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| If, after receiving evidence, the court determines that the | 12 |
| services
contained in the plan are not reasonably calculated to | 13 |
| facilitate achievement
of the permanency goal, the court shall | 14 |
| put in writing the factual basis
supporting the determination | 15 |
| and enter specific findings based on the evidence.
The court | 16 |
| also shall enter an order for the Department to develop and
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| implement a new service plan or to implement changes to the | 18 |
| current service
plan consistent with the court's findings. The | 19 |
| new service plan shall be filed
with the court and served on | 20 |
| all parties within 45 days of the date of the
order. The court | 21 |
| shall continue the matter until the new service plan is
filed. | 22 |
| Unless otherwise specifically authorized by law, the court is | 23 |
| not
empowered under this subsection (2) or under subsection (3) | 24 |
| to order specific
placements, specific services, or specific | 25 |
| service providers to be included in
the plan.
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| A guardian or custodian appointed by the court pursuant to |
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| this Act shall
file updated case plans with the court every 6 | 2 |
| months.
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| Rights of wards of the court under this Act are enforceable | 4 |
| against
any public agency by complaints for relief by mandamus | 5 |
| filed in any
proceedings brought under this Act.
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| (3) Following the permanency hearing, the court shall enter | 7 |
| a written order
that includes the determinations required under | 8 |
| subsection (2) of this
Section and sets forth the following:
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| (a) The future status of the minor, including the | 10 |
| permanency goal, and
any order necessary to conform the | 11 |
| minor's legal custody and status to such
determination; or
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| (b) If the permanency goal of the minor cannot be | 13 |
| achieved immediately,
the specific reasons for continuing | 14 |
| the minor in the care of the Department of
Children and | 15 |
| Family Services or other agency for short term placement, | 16 |
| and the
following determinations:
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| (i) (Blank).
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| (ii) Whether the services required by the court
and | 19 |
| by any service plan prepared within the prior 6 months
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| have been provided and (A) if so, whether the services | 21 |
| were reasonably
calculated to facilitate the | 22 |
| achievement of the permanency goal or (B) if not
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| provided, why the services were not provided.
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| (iii) Whether the minor's placement is necessary, | 25 |
| and appropriate to the
plan and goal, recognizing the | 26 |
| right of minors to the least restrictive (most
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| family-like) setting available and in close proximity | 2 |
| to the parents' home
consistent with the health, | 3 |
| safety, best interest and special needs of the
minor | 4 |
| and, if the minor is placed out-of-State, whether the | 5 |
| out-of-State
placement continues to be appropriate and | 6 |
| consistent with the health, safety,
and best interest | 7 |
| of the minor.
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| (iv) (Blank).
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| (v) (Blank).
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| (4) The minor or any person interested in the minor may | 11 |
| apply to the
court for a change in custody of the minor and the | 12 |
| appointment of a new
custodian or guardian of the person or for | 13 |
| the restoration of the minor
to the custody of his parents or | 14 |
| former guardian or custodian.
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| When return home is not selected as the permanency goal:
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| (a) The Department, the minor, or the current
foster | 17 |
| parent or relative
caregiver seeking private guardianship | 18 |
| may file a motion for private
guardianship of the minor. | 19 |
| Appointment of a guardian under this Section
requires | 20 |
| approval of the court.
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| (b) The State's Attorney may file a motion to terminate | 22 |
| parental rights of
any parent who has failed to make | 23 |
| reasonable efforts to correct the conditions
which led to | 24 |
| the removal of the child or reasonable progress toward the | 25 |
| return
of the child, as defined in subdivision (D)(m) of | 26 |
| Section 1 of the Adoption Act
or for whom any other |
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| unfitness ground for terminating parental rights as
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| defined in subdivision (D) of Section 1 of the Adoption Act | 3 |
| exists. | 4 |
| When parental rights have been terminated for a minimum | 5 |
| of 3 years and the child who is the subject of the | 6 |
| permanency hearing is 13 years old or older and is not | 7 |
| currently placed in a placement likely to achieve | 8 |
| permanency, the Department of
Children and Family Services | 9 |
| shall make reasonable efforts to locate parents whose | 10 |
| rights have been terminated, except when the Court | 11 |
| determines that those efforts would be futile or | 12 |
| inconsistent with the subject child's best interests. The | 13 |
| Department of
Children and Family Services shall assess the | 14 |
| appropriateness of the parent whose rights have been | 15 |
| terminated, and shall, as appropriate, foster and support | 16 |
| connections between the parent whose rights have been | 17 |
| terminated and the youth. The Department of
Children and | 18 |
| Family Services shall document its determinations and | 19 |
| efforts to foster connections in the child's case plan.
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| Custody of the minor shall not be restored to any parent, | 21 |
| guardian or legal
custodian in any case in which the minor is | 22 |
| found to be neglected or abused
under Section 2-3 or dependent | 23 |
| under Section 2-4 of this Act, unless the
minor can be cared | 24 |
| for at home
without endangering his or her health or safety and | 25 |
| it is in the best
interest of the minor,
and if such neglect, | 26 |
| abuse, or dependency is found by the court
under paragraph (1) |
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| of Section 2-21 of this Act to have come
about due to the acts | 2 |
| or omissions or both of such parent, guardian or legal
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| custodian, until such time as an investigation is made as | 4 |
| provided in
paragraph (5) and a hearing is held on the issue of | 5 |
| the health,
safety and
best interest of the minor and the | 6 |
| fitness of such
parent, guardian or legal custodian to care for | 7 |
| the minor and the court
enters an order that such parent, | 8 |
| guardian or legal custodian is fit to
care for the minor. In | 9 |
| the event that the minor has attained 18 years
of age and the | 10 |
| guardian or custodian petitions the court for an order
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| terminating his guardianship or custody, guardianship or | 12 |
| custody shall
terminate automatically 30 days after the receipt | 13 |
| of the petition unless
the court orders otherwise. No legal | 14 |
| custodian or guardian of the
person may be removed without his | 15 |
| consent until given notice and an
opportunity to be heard by | 16 |
| the court.
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| When the court orders a child restored to the custody of | 18 |
| the parent or
parents, the court shall order the parent or | 19 |
| parents to cooperate with the
Department of Children and Family | 20 |
| Services and comply with the terms of an
after-care plan, or | 21 |
| risk the loss of custody of the child and possible
termination | 22 |
| of their parental rights. The court may also enter an order of
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| protective supervision in accordance with Section 2-24.
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| (5) Whenever a parent, guardian, or legal custodian files a | 25 |
| motion for
restoration of custody of the minor, and the minor | 26 |
| was adjudicated
neglected, abused, or dependent as a result of |
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| physical abuse,
the court shall cause to be
made an | 2 |
| investigation as to whether the movant has ever been charged
| 3 |
| with or convicted of any criminal offense which would indicate | 4 |
| the
likelihood of any further physical abuse to the minor. | 5 |
| Evidence of such
criminal convictions shall be taken into | 6 |
| account in determining whether the
minor can be cared for at | 7 |
| home without endangering his or her health or safety
and | 8 |
| fitness of the parent, guardian, or legal custodian.
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| (a) Any agency of this State or any subdivision thereof | 10 |
| shall
co-operate with the agent of the court in providing | 11 |
| any information
sought in the investigation.
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| (b) The information derived from the investigation and | 13 |
| any
conclusions or recommendations derived from the | 14 |
| information shall be
provided to the parent, guardian, or | 15 |
| legal custodian seeking restoration
of custody prior to the | 16 |
| hearing on fitness and the movant shall have
an opportunity | 17 |
| at the hearing to refute the information or contest its
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| significance.
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| (c) All information obtained from any investigation | 20 |
| shall be confidential
as provided in Section 5-150 of this | 21 |
| Act.
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| (Source: P.A. 95-10, eff. 6-30-07; 95-182, eff. 8-14-07; | 23 |
| 95-876, eff. 8-21-08; 96-600, eff. 8-21-09.)
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| (705 ILCS 405/2-34) | 25 |
| (Section scheduled to be repealed on August 21, 2013) |
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| Sec. 2-34. Motion to reinstate parental rights. | 2 |
| (1) For purposes of this subsection (1), the term "parent" | 3 |
| refers to the person or persons whose rights were terminated as | 4 |
| described in paragraph (a) of this subsection; and the term | 5 |
| "minor" means a person under the age of 21 years subject to | 6 |
| this Act for whom the Department of Children and Family | 7 |
| Services Guardianship Administrator is appointed the temporary | 8 |
| custodian or guardian. | 9 |
| A motion to reinstate parental rights may be filed only by | 10 |
| the Department of Children and Family Services regarding any | 11 |
| minor who is presently a ward of the court under Article II of | 12 |
| this Act when all the conditions set out in paragraphs (a), | 13 |
| (b), (c), (d), (e), (f), and (g) of this subsection (1) are | 14 |
| met: | 15 |
| (a) while the minor was under the jurisdiction of the | 16 |
| court under Article II of this Act, the minor's parent or | 17 |
| parents surrendered the minor for adoption to an agency | 18 |
| legally authorized to place children for adoption, or the | 19 |
| minor's parent or parents consented to his or her adoption, | 20 |
| or the minor's parent or parents consented to his or her | 21 |
| adoption by a specified person or persons, or the parent or | 22 |
| parents' rights were terminated pursuant to a finding of | 23 |
| unfitness pursuant to Section 2-29 of this Act and a | 24 |
| guardian was appointed with the power to consent to | 25 |
| adoption pursuant to Section 2-29 of this Act; and | 26 |
| (b) (i) since the signing of the surrender, the signing |
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| of the consent, or the unfitness finding, the minor has | 2 |
| remained a ward of the Court under Article II of this Act; | 3 |
| or | 4 |
| (ii) the minor was made a ward of the Court, the | 5 |
| minor was placed in the private guardianship of an | 6 |
| individual or individuals, and after the appointment | 7 |
| of a private guardian and a new petition alleging | 8 |
| abuse, neglect, or dependency pursuant to Section 2-3 | 9 |
| or 2-4 is filed, and the minor is again found by the | 10 |
| court to be abused, neglected or dependent; or a | 11 |
| supplemental petition to reinstate wardship is filed | 12 |
| pursuant to Section 2-33, and the court reinstates | 13 |
| wardship , the minor was again brought to the attention | 14 |
| of the Juvenile Court and the private guardianship was | 15 |
| vacated ; or | 16 |
| (iii) the minor was made a ward of the Court, | 17 |
| wardship was terminated after the minor was adopted, | 18 |
| after the adoption a new petition alleging abuse, | 19 |
| neglect, or dependency pursuant to Section 2-3 or 2-4 | 20 |
| is filed, and the minor is again found by the court to | 21 |
| be abused, neglected, or dependent the minor was again | 22 |
| brought to the attention of the Juvenile Court and made | 23 |
| a ward of the Court under Article II of this Act , and | 24 |
| either (i) the adoptive parent or parents are deceased, | 25 |
| (ii) the adoptive parent or parents signed a surrender | 26 |
| of parental rights, or (iii) the parental rights of the |
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| adoptive parent or parents were terminated; | 2 |
| (c) the minor is not currently in a placement likely to | 3 |
| achieve permanency; | 4 |
| (d) it is in the minor's best interest that parental | 5 |
| rights be reinstated; | 6 |
| (e) the parent named in the motion wishes parental | 7 |
| rights to be reinstated and is currently appropriate to | 8 |
| have rights reinstated; | 9 |
| (f) more than 3 years have lapsed since the signing of | 10 |
| the consent or surrender, or the entry of the order | 11 |
| appointing a guardian with the power to consent to | 12 |
| adoption; | 13 |
| (g) (i) the child is 13 years of age or older or (ii) | 14 |
| the child is the younger sibling of such child, 13 years of | 15 |
| age or older, for whom reinstatement of parental rights is | 16 |
| being sought and the younger sibling independently meets | 17 |
| the criteria set forth in paragraphs (a) through (h) of | 18 |
| this subsection; and | 19 |
| (h) if the court has previously denied a motion to | 20 |
| reinstate parental rights filed by the Department, there | 21 |
| has been a substantial change in circumstances following | 22 |
| the denial of the earlier motion. | 23 |
| (2) The motion may be filed only by the Department of | 24 |
| Children and Family Services. Unless excused by the court for | 25 |
| good cause shown, the movant shall give notice of the time and | 26 |
| place of the hearing on the motion, in person or by mail, to |
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| the parties to the juvenile court proceeding. Notice shall be | 2 |
| provided at least 14 days in advance of the hearing date. The | 3 |
| motion shall include the allegations required in subsection (1) | 4 |
| of this Section. | 5 |
| (3) Any party may file a motion to dismiss the motion with | 6 |
| prejudice on the basis that the parent has intentionally acted | 7 |
| to prevent the child from being adopted, after parental rights | 8 |
| were terminated or the parent intentionally acted to disrupt | 9 |
| the child's adoption. If the court finds by a
preponderance of | 10 |
| the evidence that the parent has intentionally acted to prevent | 11 |
| the child from being adopted, after parental rights were | 12 |
| terminated or that the parent intentionally acted
to disrupt | 13 |
| the child's adoption, the court shall dismiss the petition with | 14 |
| prejudice. | 15 |
| (4) The court shall not grant a motion for reinstatement of | 16 |
| parental rights unless the court finds that the motion is | 17 |
| supported by clear and convincing evidence. In ruling on a | 18 |
| motion to reinstate parental rights, the court shall make | 19 |
| findings consistent with the requirements in subsection (1) of | 20 |
| this Section. The court shall consider the reasons why the | 21 |
| child was initially brought to the attention of the court, the | 22 |
| history of the child's case as it relates to the parent seeking | 23 |
| reinstatement, and the current circumstances of the parent for | 24 |
| whom reinstatement of rights is sought. If reinstatement is | 25 |
| being considered subsequent to a finding of unfitness pursuant | 26 |
| to Section 2-29 of this Act having been entered with respect to |
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| the parent whose rights are being restored, the court in | 2 |
| determining the minor's best interest shall consider, in | 3 |
| addition to the factors set forth in paragraph (4.05) of | 4 |
| Section 1-3 of this Act, the specific grounds upon which the | 5 |
| unfitness findings were made. Upon the entry of an order | 6 |
| granting a motion to reinstate parental rights, parental rights | 7 |
| of the parent named in the order shall be reinstated, any | 8 |
| previous order appointing a guardian with the power to consent | 9 |
| to adoption shall be void and with respect to the parent named | 10 |
| in the order, any consent shall be void. | 11 |
| (5) If the case is post-disposition, the court, upon the | 12 |
| entry of an order granting a motion to reinstate parental | 13 |
| rights, shall schedule the matter for a permanency hearing | 14 |
| pursuant to Section 2-28 of this Act within 45 days. | 15 |
| (6) Custody of the minor shall not be restored to the | 16 |
| parent, except by order of court pursuant to subsection (4) of | 17 |
| Section 2-28 of this Act. | 18 |
| (7) In any case involving a child over the age of 13 who | 19 |
| meets the criteria established in this Section for | 20 |
| reinstatement of parental rights, the Department of Children | 21 |
| and Family Services shall conduct an assessment of the child's | 22 |
| circumstances to assist in future planning for the child, | 23 |
| including, but not limited to a determination regarding the | 24 |
| appropriateness of filing a motion to reinstate parental | 25 |
| rights. | 26 |
| (8) This Section is repealed 4 years after the effective |
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LRB096 16457 RLC 31727 b |
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| date of this amendatory Act of the 96th General Assembly.
| 2 |
| (Source: P.A. 96-600, eff. 8-21-09.)
| 3 |
| Section 99. Effective date. This Act takes effect upon | 4 |
| becoming law.
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