Illinois General Assembly - Full Text of SB1213
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Full Text of SB1213  98th General Assembly




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1    AN ACT concerning the Department of Juvenile Justice.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The State Employee Indemnification Act is
5amended by changing Section 1 as follows:
6    (5 ILCS 350/1)  (from Ch. 127, par. 1301)
7    Sec. 1. Definitions. For the purpose of this Act:
8    (a) The term "State" means the State of Illinois, the
9General Assembly, the court, or any State office, department,
10division, bureau, board, commission, or committee, the
11governing boards of the public institutions of higher education
12created by the State, the Illinois National Guard, the
13Comprehensive Health Insurance Board, any poison control
14center designated under the Poison Control System Act that
15receives State funding, or any other agency or instrumentality
16of the State. It does not mean any local public entity as that
17term is defined in Section 1-206 of the Local Governmental and
18Governmental Employees Tort Immunity Act or a pension fund.
19    (b) The term "employee" means any present or former elected
20or appointed officer, trustee or employee of the State, or of a
21pension fund, any present or former commissioner or employee of
22the Executive Ethics Commission or of the Legislative Ethics
23Commission, any present or former Executive, Legislative, or



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1Auditor General's Inspector General, any present or former
2employee of an Office of an Executive, Legislative, or Auditor
3General's Inspector General, any present or former member of
4the Illinois National Guard while on active duty, individuals
5or organizations who contract with the Department of
6Corrections, the Department of Juvenile Justice, the
7Comprehensive Health Insurance Board, or the Department of
8Veterans' Affairs to provide services, individuals or
9organizations who contract with the Department of Human
10Services (as successor to the Department of Mental Health and
11Developmental Disabilities) to provide services including but
12not limited to treatment and other services for sexually
13violent persons, individuals or organizations who contract
14with the Department of Military Affairs for youth programs,
15individuals or organizations who contract to perform carnival
16and amusement ride safety inspections for the Department of
17Labor, individual representatives of or designated
18organizations authorized to represent the Office of State
19Long-Term Ombudsman for the Department on Aging, individual
20representatives of or organizations designated by the
21Department on Aging in the performance of their duties as elder
22abuse provider agencies or regional administrative agencies
23under the Elder Abuse and Neglect Act, individuals or
24organizations who perform volunteer services for the State
25where such volunteer relationship is reduced to writing,
26individuals who serve on any public entity (whether created by



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1law or administrative action) described in paragraph (a) of
2this Section, individuals or not for profit organizations who,
3either as volunteers, where such volunteer relationship is
4reduced to writing, or pursuant to contract, furnish
5professional advice or consultation to any agency or
6instrumentality of the State, individuals who serve as foster
7parents for the Department of Children and Family Services when
8caring for a Department ward, individuals who serve as members
9of an independent team of experts under Brian's Law, and
10individuals who serve as arbitrators pursuant to Part 10A of
11Article II of the Code of Civil Procedure and the rules of the
12Supreme Court implementing Part 10A, each as now or hereafter
13amended, but does not mean an independent contractor except as
14provided in this Section. The term includes an individual
15appointed as an inspector by the Director of State Police when
16performing duties within the scope of the activities of a
17Metropolitan Enforcement Group or a law enforcement
18organization established under the Intergovernmental
19Cooperation Act. An individual who renders professional advice
20and consultation to the State through an organization which
21qualifies as an "employee" under the Act is also an employee.
22The term includes the estate or personal representative of an
24    (c) The term "pension fund" means a retirement system or
25pension fund created under the Illinois Pension Code.
26(Source: P.A. 96-1235, eff. 1-1-11.)



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1    Section 10. The Juvenile Court Act of 1987 is amended by
2changing Section 3-28 as follows:
3    (705 ILCS 405/3-28)  (from Ch. 37, par. 803-28)
4    Sec. 3-28. Placement; legal custody or guardianship.
5    (1) If the court finds that the parents, guardian or legal
6custodian of a minor adjudged a ward of the court are unfit or
7are unable, for some reason other than financial circumstances
8alone, to care for, protect, train or discipline the minor or
9are unwilling to do so, and that appropriate services aimed at
10family preservation and family reunification have been
11unsuccessful in rectifying the conditions which have led to
12such a finding of unfitness or inability to care for, protect,
13train or discipline the minor, and that it is in the best
14interest of the minor to take him from the custody of his
15parents, guardian or custodian, the court may:
16        (a) place him in the custody of a suitable relative or
17    other person;
18        (b) place him under the guardianship of a probation
19    officer;
20        (c) commit him to an agency for care or placement,
21    except an institution under the authority of the Department
22    of Juvenile Justice Corrections or of the Department of
23    Children and Family Services;
24        (d) commit him to some licensed training school or



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1    industrial school; or
2        (e) commit him to any appropriate institution having
3    among its purposes the care of delinquent children,
4    including a child protective facility maintained by a Child
5    Protection District serving the county from which
6    commitment is made, but not including any institution under
7    the authority of the Department of Juvenile Justice
8    Corrections or of the Department of Children and Family
9    Services.
10    (2) When making such placement, the court, wherever
11possible, shall select a person holding the same religious
12belief as that of the minor or a private agency controlled by
13persons of like religious faith of the minor and shall require
14the Department of Children and Family Services to otherwise
15comply with Section 7 of the Children and Family Services Act
16in placing the child. In addition, whenever alternative plans
17for placement are available, the court shall ascertain and
18consider, to the extent appropriate in the particular case, the
19views and preferences of the minor.
20    (3) When a minor is placed with a suitable relative or
21other person, the court shall appoint him the legal custodian
22or guardian of the person of the minor. When a minor is
23committed to any agency, the court shall appoint the proper
24officer or representative thereof as legal custodian or
25guardian of the person of the minor. Legal custodians and
26guardians of the person of the minor have the respective rights



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1and duties set forth in paragraph (9) of Section 1-3 except as
2otherwise provided by order of the court; but no guardian of
3the person may consent to adoption of the minor unless that
4authority is conferred upon him in accordance with Section
53-30. An agency whose representative is appointed guardian of
6the person or legal custodian of the minor may place him in any
7child care facility, but such facility must be licensed under
8the Child Care Act of 1969 or have been approved by the
9Department of Children and Family Services as meeting the
10standards established for such licensing. No agency may place
11such minor in a child care facility unless such placement is in
12compliance with the rules and regulations for placement under
13this Section promulgated by the Department of Children and
14Family Services under Section 5 of "An Act creating the
15Department of Children and Family Services, codifying its
16powers and duties, and repealing certain Acts and Sections
17herein named". Like authority and restrictions shall be
18conferred by the court upon any probation officer who has been
19appointed guardian of the person of a minor.
20    (4) No placement by any probation officer or agency whose
21representative is appointed guardian of the person or legal
22custodian of a minor may be made in any out of State child care
23facility unless it complies with the Interstate Compact on the
24Placement of Children.
25    (5) The clerk of the court shall issue to such legal
26custodian or guardian of the person a certified copy of the



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1order of the court, as proof of his authority. No other process
2is necessary as authority for the keeping of the minor.
3    (6) Custody or guardianship granted hereunder continues
4until the court otherwise directs, but not after the minor
5reaches the age of 19 years except as set forth in Section
7(Source: P.A. 89-422.)
8    Section 99. Effective date. This Act takes effect upon
9becoming law.