Illinois Compiled Statutes
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705 ILCS 405/5-745
(705 ILCS 405/5-745)
(1) The court may require any legal custodian or guardian of the person
appointed under this Act, including the Department of Juvenile Justice for youth committed under Section 5-750 of this Act, to report periodically to the court or may cite him
or her into court and require him or her, or his or her agency, to make a full
and accurate report of
his or her or its doings in behalf of the minor, including efforts to secure post-release placement of the youth after release from the Department's facilities. The legal custodian or
within 10 days after the citation, shall make the report, either in writing
verified by affidavit or orally under oath in open court, or otherwise as the
court directs. Upon the hearing of the report the court may remove the legal
custodian or guardian and appoint another in his or her stead or restore the
the custody of his or her parents or former guardian or legal custodian.
(2) If the Department of Children and Family Services is appointed legal custodian or guardian of a minor under Section 5-740 of this Act, the Department of Children and Family Services shall file updated case plans with the court every 6 months. Every agency
which has guardianship of a child shall file a supplemental petition for court
review, or review by an administrative body appointed or approved by the court
and further order within 18 months of the sentencing order and each 18 months
thereafter. The petition shall state facts relative to the child's present
condition of physical, mental and emotional health as well as facts relative to
his or her present custodial or foster care. The petition shall be set for
and the clerk shall mail 10 days notice of the hearing by certified mail,
return receipt requested, to the person or agency having the physical custody
of the child, the minor and other interested parties unless a
written waiver of notice is filed with the petition.
If the minor is in the custody of the Illinois Department of Children and Family Services, pursuant to an order entered under this Article, the court shall conduct permanency hearings as set out in subsections (1), (2), and (3) of Section 2-28 of Article II of this Act.
Rights of wards of the court under this Act are enforceable against any
public agency by complaints for relief by mandamus filed in any proceedings
brought under this Act.
(3) The minor or any person interested in the minor may apply to the court
for a change in custody of the minor and the appointment of a new custodian or
guardian of the person or for the restoration of the minor to the custody of
his or her parents or former guardian or custodian. In the event that the
attained 18 years of age and the guardian or custodian petitions the court for
an order terminating his or her guardianship or custody, guardianship or legal
shall terminate automatically 30 days after the receipt of the petition unless
court orders otherwise. No legal custodian or guardian of the person may be
removed without his or her consent until given notice and an opportunity to be
heard by the court.
(4) If the minor is committed to the Department of Juvenile Justice under Section 5-750 of this Act, the Department shall notify the court in writing of the occurrence of any of the following:
(a) a critical incident involving a youth committed
to the Department; as used in this paragraph (a), "critical incident" means any incident that involves a serious risk to the life, health, or well-being of the youth and includes, but is not limited to, an accident or suicide attempt resulting in serious bodily harm or hospitalization, psychiatric hospitalization, alleged or suspected abuse, or escape or attempted escape from custody, filed within 10 days of the occurrence;
(b) a youth who has been released by the Prisoner
Review Board but remains in a Department facility solely because the youth does not have an approved aftercare release host site, filed within 10 days of the occurrence;
(c) a youth, except a youth who has been adjudicated
a habitual or violent juvenile offender under Section 5-815 or 5-820 of this Act or committed for first degree murder, who has been held in a Department facility for over one consecutive year; or
(d) if a report has been filed under paragraph (c) of
this subsection, a supplemental report shall be filed every 6 months thereafter.
The notification required by this subsection (4) shall contain a brief description of the incident or situation and a summary of the youth's current physical, mental, and emotional health and the actions the Department took in response to the incident or to identify an aftercare release host site, as applicable. Upon receipt of the notification, the court may require the Department to make a full report under subsection (1) of this Section.
(5) With respect to any report required to be filed with the court under this Section, the Independent Juvenile Ombudsman shall provide a copy to the minor's court appointed guardian ad litem, if the Department has received written notice of the appointment, and to the minor's attorney, if the Department has received written notice of representation from the attorney. If the Department has a record that a guardian has been appointed for the minor and a record of the last known address of the minor's court appointed guardian, the Independent Juvenile Ombudsman shall send a notice to the guardian that the report is available and will be provided by the Independent Juvenile Ombudsman upon request. If the Department has no record regarding the appointment of a guardian for the minor, and the Department's records include the last known addresses of the minor's parents, the Independent Juvenile Ombudsman shall send a notice to the parents that the report is available and will be provided by the Independent Juvenile Ombudsman upon request.
(Source: P.A. 99-628, eff. 1-1-17; 99-664, eff. 1-1-17; 100-201, eff. 8-18-17.)