(705 ILCS 405/2-3) (from Ch. 37, par. 802-3) (Text of Section from P.A. 103-22) Sec. 2-3. Neglected or abused minor. (1) Those who are neglected include: (a) any minor under 18 years of age or a minor 18 |
| years of age or older for whom the court has made a finding of probable cause to believe that the minor is abused, neglected, or dependent under subsection (1) of Section 2-10 prior to the minor's 18th birthday who is not receiving the proper or necessary support, education as required by law, or medical or other remedial care recognized under State law as necessary for a minor's well-being, or other care necessary for the minor's well-being, including adequate food, clothing and shelter, or who is abandoned by the minor's parent or parents or other person or persons responsible for the minor's welfare, except that a minor shall not be considered neglected for the sole reason that the minor's parent or parents or other person or persons responsible for the minor's welfare have left the minor in the care of an adult relative for any period of time, who the parent or parents or other person responsible for the minor's welfare know is both a mentally capable adult relative and physically capable adult relative, as defined by this Act; or
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(b) any minor under 18 years of age or a minor 18
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| years of age or older for whom the court has made a finding of probable cause to believe that the minor is abused, neglected, or dependent under subsection (1) of Section 2-10 prior to the minor's 18th birthday whose environment is injurious to the minor's welfare; or
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(c) any newborn infant whose blood, urine, or
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| meconium contains any amount of a controlled substance as defined in subsection (f) of Section 102 of the Illinois Controlled Substances Act, as now or hereafter amended, or a metabolite of a controlled substance, with the exception of controlled substances or metabolites of such substances, the presence of which in the newborn infant is the result of medical treatment administered to the person who gave birth or the newborn infant; or
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(d) any minor under the age of 14 years whose parent
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| or other person responsible for the minor's welfare leaves the minor without supervision for an unreasonable period of time without regard for the mental or physical health, safety, or welfare of that minor; or
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(e) any minor who has been provided with interim
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| crisis intervention services under Section 3-5 of this Act and whose parent, guardian, or custodian refuses to permit the minor to return home unless the minor is an immediate physical danger to the minor or others living in the home.
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Whether the minor was left without regard for the mental or physical health,
safety, or welfare of that minor or the period of time was unreasonable shall
be determined by considering the following factors, including but not limited
to:
(1) the age of the minor;
(2) the number of minors left at the location;
(3) special needs of the minor, including whether the
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| minor is a person with a physical or mental disability, or otherwise in need of ongoing prescribed medical treatment such as periodic doses of insulin or other medications;
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(4) the duration of time in which the minor was left
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(5) the condition and location of the place where the
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| minor was left without supervision;
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(6) the time of day or night when the minor was left
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(7) the weather conditions, including whether the
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| minor was left in a location with adequate protection from the natural elements such as adequate heat or light;
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(8) the location of the parent or guardian at the
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| time the minor was left without supervision, the physical distance the minor was from the parent or guardian at the time the minor was without supervision;
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(9) whether the minor's movement was restricted, or
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| the minor was otherwise locked within a room or other structure;
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(10) whether the minor was given a phone number of a
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| person or location to call in the event of an emergency and whether the minor was capable of making an emergency call;
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(11) whether there was food and other provision left
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(12) whether any of the conduct is attributable to
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| economic hardship or illness and the parent, guardian or other person having physical custody or control of the child made a good faith effort to provide for the health and safety of the minor;
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(13) the age and physical and mental capabilities of
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| the person or persons who provided supervision for the minor;
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(14) whether the minor was left under the supervision
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(15) any other factor that would endanger the health
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| and safety of that particular minor.
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A minor shall not be considered neglected for the sole reason that the
minor has been relinquished in accordance with the Abandoned Newborn Infant
Protection Act.
(2) Those who are abused include any minor under 18 years of age or a minor 18 years of age or older for whom the court has made a finding of probable cause to believe that the minor is abused, neglected, or dependent under subsection (1) of Section 2-10 prior to the minor's 18th birthday whose
parent or immediate family member, or any person responsible
for the minor's welfare, or any person who is in the same family or household
as the minor, or any individual residing in the same home as the minor, or
a paramour of the minor's parent:
(i) inflicts, causes to be inflicted, or allows to be
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| inflicted upon such minor physical injury, by other than accidental means, which causes death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function;
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(ii) creates a substantial risk of physical injury to
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| such minor by other than accidental means which would be likely to cause death, disfigurement, impairment of emotional health, or loss or impairment of any bodily function;
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(iii) commits or allows to be committed any sex
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| offense against such minor, as such sex offenses are defined in the Criminal Code of 1961 or the Criminal Code of 2012, or in the Wrongs to Children Act, and extending those definitions of sex offenses to include minors under 18 years of age;
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(iv) commits or allows to be committed an act or acts
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| of torture upon such minor;
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(v) inflicts excessive corporal punishment;
(vi) commits or allows to be committed the offense of
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| involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons as defined in Section 10-9 of the Criminal Code of 1961 or the Criminal Code of 2012, upon such minor; or
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(vii) allows, encourages or requires a minor to
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| commit any act of prostitution, as defined in the Criminal Code of 1961 or the Criminal Code of 2012, and extending those definitions to include minors under 18 years of age.
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A minor shall not be considered abused for the sole reason that the minor
has been relinquished in accordance with the Abandoned Newborn Infant
Protection Act.
(3) This Section does not apply to a minor who would be included
herein solely for the purpose of qualifying for financial assistance for the minor, the minor's
parents, guardian or custodian.
(4) The changes made by this amendatory Act of the 101st General Assembly apply to a case that is pending on or after the effective date of this amendatory Act of the 101st General Assembly.
(Source: P.A. 103-22, eff. 8-8-23.)
(Text of Section from P.A. 103-233)
Sec. 2-3. Neglected or abused minor.
(1) Those who are neglected include any minor under 18 years of age or a minor 18 years
of age or older for whom the court has made a finding of
probable cause to believe that the minor is abused,
neglected, or dependent under subsection (1) of Section
2-10 prior to the minor's 18th birthday:
(a) who is not receiving the proper or necessary
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| support, education as required by law, or medical or other remedial care recognized under State law as necessary for a minor's well-being, or other care necessary for his or her well-being, including adequate food, clothing and shelter, or who is abandoned by his or her parent or parents or other person or persons responsible for the minor's welfare, except that a minor shall not be considered neglected for the sole reason that the minor's parent or parents or other person or persons responsible for the minor's welfare have left the minor in the care of an adult relative for any period of time, who the parent or parents or other person responsible for the minor's welfare know is both a mentally capable adult relative and physically capable adult relative, as defined by this Act; or
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(b) whose environment is injurious to his or her
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(c) any newborn infant whose blood, urine, or
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| meconium contains any amount of a controlled substance as defined in subsection (f) of Section 102 of the Illinois Controlled Substances Act, as now or hereafter amended, or a metabolite of a controlled substance, with the exception of controlled substances or metabolites of such substances, the presence of which in the newborn infant is the result of medical treatment administered to the mother or the newborn infant; or
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(d) any minor whose parent or other person
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| responsible for the minor's welfare leaves the minor without supervision for an unreasonable period of time without regard for the mental or physical health, safety, or welfare of that minor. Whether the minor was left without regard for the mental or physical health, safety, or welfare of that minor or the period of time was unreasonable shall be determined by considering the following factors, including, but not limited to:
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(1) the age of the minor;
(2) the number of minors left at the location;
(3) special needs of the minor, including whether
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| the minor is a person with a physical or mental disability, or otherwise in need of ongoing prescribed medical treatment such as periodic doses of insulin or other medications;
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(4) the duration of time in which the minor was
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| left without supervision;
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(5) the condition and location of the place where
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| the minor was left without supervision;
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(6) the time of day or night when the minor was
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| left without supervision;
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(7) the weather conditions, including whether the
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| minor was left in a location with adequate protection from the natural elements such as adequate heat or light;
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(8) the location of the parent or guardian at the
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| time the minor was left without supervision, the physical distance the minor was from the parent or guardian at the time the minor was without supervision;
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(9) whether the minor's movement was restricted,
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| or the minor was otherwise locked within a room or other structure;
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(10) whether the minor was given a phone number
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| of a person or location to call in the event of an emergency and whether the minor was capable of making an emergency call;
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(11) whether there was food and other provision
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(12) whether any of the conduct is attributable
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| to economic hardship or illness and the parent, guardian or other person having physical custody or control of the child made a good faith effort to provide for the health and safety of the minor;
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(13) the age and physical and mental capabilities
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| of the person or persons who provided supervision for the minor;
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(14) whether the minor was left under the
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| supervision of another person;
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(15) any other factor that would endanger the
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| health and safety of that particular minor; or
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(e) any minor who has been provided with interim
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| crisis intervention services under Section 3-5 of this Act and whose parent, guardian, or custodian refuses to permit the minor to return home unless the minor is an immediate physical danger to himself, herself, or others living in the home.
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A minor shall not be considered neglected for the sole reason that the
minor has been relinquished in accordance with the Abandoned Newborn Infant
Protection Act.
(1.5) A minor shall not be considered neglected for the sole reason that the minor's parent or
other person responsible for the minor's welfare permits the minor to engage in independent activities
unless the minor was permitted to engage in independent activities under circumstances presenting
unreasonable risk of harm to the minor's mental or physical health, safety, or well-being. "Independent
activities" includes, but is not limited to:
(a) traveling to and from school including by
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| walking, running, or bicycling;
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(b) traveling to and from nearby commercial or
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(c) engaging in outdoor play;
(d) remaining in a vehicle unattended, except as
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| otherwise provided by law;
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(e) remaining at home or at a similarly appropriate
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(f) engaging in a similar independent activity alone
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In determining whether an independent activity presented unreasonable risk of harm, the court
shall consider:
(1) whether the activity is accepted as suitable for
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| minors of the same age, maturity level, and developmental capacity as the involved minor;
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(2) the factors listed in items (1) through (15) of
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| paragraph (d) of subsection (1); and
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(3) any other factor the court deems relevant.
(2) Those who are abused include any minor under 18 years of age or a minor 18 years of age or older for whom the court has made a finding of probable cause to believe that the minor is abused, neglected, or dependent under subsection (1) of Section 2-10 prior to the minor's 18th birthday whose
parent or immediate family member, or any person responsible
for the minor's welfare, or any person who is in the same family or household
as the minor, or any individual residing in the same home as the minor, or
a paramour of the minor's parent:
(i) inflicts, causes to be inflicted, or allows to be
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| inflicted upon such minor physical injury, by other than accidental means, which causes death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function;
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(ii) creates a substantial risk of physical injury to
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| such minor by other than accidental means which would be likely to cause death, disfigurement, impairment of emotional health, or loss or impairment of any bodily function;
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(iii) commits or allows to be committed any sex
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| offense against such minor, as such sex offenses are defined in the Criminal Code of 1961 or the Criminal Code of 2012, or in the Wrongs to Children Act, and extending those definitions of sex offenses to include minors under 18 years of age;
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(iv) commits or allows to be committed an act or acts
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| of torture upon such minor;
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(v) inflicts excessive corporal punishment;
(vi) commits or allows to be committed the offense of
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| involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons as defined in Section 10-9 of the Criminal Code of 1961 or the Criminal Code of 2012, upon such minor; or
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(vii) allows, encourages or requires a minor to
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| commit any act of prostitution, as defined in the Criminal Code of 1961 or the Criminal Code of 2012, and extending those definitions to include minors under 18 years of age.
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A minor shall not be considered abused for the sole reason that the minor
has been relinquished in accordance with the Abandoned Newborn Infant
Protection Act.
(3) This Section does not apply to a minor who would be included
herein solely for the purpose of qualifying for financial assistance for
himself, his parents, guardian or custodian.
(4) The changes made by this amendatory Act of the 101st General Assembly apply to a case that is pending on or after the effective date of this amendatory Act of the 101st General Assembly.
(Source: P.A. 103-233, eff. 6-30-23.)
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(705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
Sec. 2-10. Temporary custody hearing. At the appearance of the
minor before the court at the temporary custody hearing, all
witnesses present shall be examined before the court in relation to any
matter connected with the allegations made in the petition.
(1) If the court finds that there is not probable cause to believe
that the minor is abused, neglected or dependent it shall release
the minor and dismiss the petition.
(2) If the court finds that there is probable cause to believe that
the minor is abused, neglected or dependent, the court shall state in writing
the factual basis supporting its finding and the minor, the minor's parent,
guardian, custodian and other persons able to give relevant testimony
shall be examined before the court. The Department of Children and
Family Services shall give testimony concerning indicated reports of abuse
and neglect, of which they are aware through the central registry,
involving the minor's parent, guardian or custodian. After such
testimony, the court may, consistent with
the health,
safety and best interests of the minor,
enter an order that the minor shall be released
upon the request of parent, guardian or custodian if the parent, guardian
or custodian appears to take custody. If it is determined that a parent's, guardian's, or custodian's compliance with critical services mitigates the necessity for removal of the minor from the minor's home, the court may enter an Order of Protection setting forth reasonable conditions of behavior that a parent, guardian, or custodian must observe for a specified period of time, not to exceed 12 months, without a violation; provided, however, that the 12-month period shall begin anew after any violation. "Custodian" includes the Department of Children and Family Services, if it has been given custody of the child, or any other agency of the State which has been given custody or wardship of the child. If it is
consistent with the health, safety and best interests of the
minor, the
court may also prescribe shelter care and
order that the minor be kept in a suitable place designated by the court or in
a shelter care facility designated by the Department of Children and Family
Services or a licensed child welfare
agency; however, on and after January 1, 2015 (the effective date of Public Act 98-803) and before January 1, 2017, a minor charged with a
criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 or adjudicated delinquent
shall not be placed in the custody of or committed to the Department of
Children and Family Services by any court, except a minor less than 16
years of age and committed to the Department of Children and Family Services
under Section 5-710 of this Act or a minor for whom an independent
basis of
abuse, neglect, or dependency exists; and on and after January 1, 2017, a minor charged with a
criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 or adjudicated delinquent
shall not be placed in the custody of or committed to the Department of
Children and Family Services by any court, except a minor less than 15 years of age and committed to the Department of Children and Family Services
under Section 5-710 of this Act or a minor for whom an independent
basis of
abuse, neglect, or dependency exists.
An independent basis exists when the allegations or adjudication of abuse, neglect, or dependency do not arise from the same facts, incident, or circumstances which give rise to a charge or adjudication of delinquency.
In placing the minor, the Department or other
agency shall, to the extent
compatible with the court's order, comply with Section 7 of the Children and
Family Services Act.
In determining
the health, safety and best interests of the minor to prescribe shelter
care, the court must
find that it is a matter of immediate and urgent necessity for the safety
and protection
of the minor or of the person or property of another that the minor be placed
in a shelter care facility or that the
minor is likely to flee the jurisdiction
of the court, and must further find that reasonable efforts have been made or
that, consistent with the health, safety and best interests of
the minor, no efforts reasonably can be made to
prevent or eliminate the necessity of removal of the minor from the minor's
home. The court shall require documentation from the Department of Children and
Family Services as to the reasonable efforts that were made to prevent or
eliminate the necessity of removal of the minor from the minor's home or the
reasons why no efforts reasonably could be made to prevent or eliminate the
necessity of removal. When a minor is placed in the home of a relative, the
Department of Children and Family Services shall complete a preliminary
background review of the members of the minor's custodian's household in
accordance with Section 4.3 of the Child Care Act of 1969 within 90 days of
that placement. If the minor is ordered placed in a shelter care facility of
the Department of Children and
Family Services or a licensed child welfare agency, the court shall, upon
request of the appropriate Department or other agency, appoint the
Department of Children and Family Services Guardianship Administrator or
other appropriate agency executive temporary custodian of the minor and the
court may enter such other orders related to the temporary custody as it
deems fit and proper, including the provision of services to the minor or the minor's
family to ameliorate the causes contributing to the finding of probable
cause or to the finding of the existence of immediate and urgent necessity. Where the Department of Children and Family Services Guardianship Administrator is appointed as the executive temporary custodian, the Department of Children and Family Services shall file with the court and serve on the parties a parent-child visiting plan, within 10 days, excluding weekends and holidays, after the appointment. The parent-child visiting plan shall set out the time and place of visits, the frequency of visits, the length of visits, who shall be present at the visits, and where appropriate, the minor's opportunities to have telephone and mail communication with the parents. Where the Department of Children and Family Services Guardianship Administrator is
appointed as the executive temporary custodian, and when the child has siblings in care,
the Department of Children and Family Services shall file with the court and serve on the
parties a sibling placement and contact plan within 10 days, excluding weekends and
holidays, after the appointment. The sibling placement and contact plan shall set forth
whether the siblings are placed together, and if they are not placed together, what, if any,
efforts are being made to place them together. If the Department has determined that it is
not in a child's best interest to be placed with a sibling, the Department shall document in
the sibling placement and contact plan the basis for its determination. For siblings placed
separately, the sibling placement and contact plan shall set the time and place for visits,
the frequency of the visits, the length of visits, who shall be present for the visits, and
where appropriate, the child's opportunities to have contact with their siblings in addition to
in person contact. If the Department determines it is not in the best interest of a sibling to
have contact with a sibling, the Department shall document in the sibling placement and
contact plan the basis for its determination. The sibling placement and contact plan shall
specify a date for development of the Sibling Contact Support Plan, under subsection (f) of Section 7.4 of the Children and Family Services Act, and shall remain in effect until the Sibling Contact Support Plan is developed. For good cause, the court may waive the requirement to file the parent-child visiting plan or the sibling placement and contact plan, or extend the time for filing either plan. Any party may, by motion, request the court to review the parent-child visiting plan to determine whether it is reasonably calculated to expeditiously facilitate the achievement of the permanency goal. A party may, by motion, request the court to review the parent-child visiting plan or the sibling placement and contact plan to determine whether it is consistent with the minor's best interest. The court may refer the parties to mediation where available. The frequency, duration, and locations of visitation shall be measured by the needs of the child and family, and not by the convenience of Department personnel. Child development principles shall be considered by the court in its analysis of how frequent visitation should be, how long it should last, where it should take place, and who should be present. If upon motion of the party to review either plan and after receiving evidence, the court determines that the parent-child visiting plan is not reasonably calculated to expeditiously facilitate the achievement of the permanency goal or that the restrictions placed on parent-child contact or sibling placement or contact are contrary to the child's best interests, the court shall put in writing the factual basis supporting the determination and enter specific findings based on the evidence. The court shall enter an order for the Department to implement changes to the parent-child visiting plan or sibling placement or contact plan, consistent with the court's findings. At any stage of proceeding, any party may by motion request the court to enter any orders necessary to implement the parent-child visiting plan, sibling placement or contact plan or subsequently developed Sibling Contact Support Plan. Nothing under this subsection (2) shall restrict the court from granting discretionary authority to the Department to increase opportunities for additional parent-child contacts or sibling contacts, without further court orders. Nothing in this subsection (2) shall restrict the Department from immediately restricting or terminating parent-child contact or sibling contacts, without either amending the parent-child visiting plan or the sibling contact plan or obtaining a court order, where the Department or its assigns reasonably believe there is an immediate need to protect the child's health, safety, and welfare. Such restrictions or terminations must be based on available facts to the Department and its assigns when viewed in light of the surrounding circumstances and shall only occur on an individual case-by-case basis. The Department shall file with the court and serve on the parties any amendments to the plan within 10 days, excluding weekends and holidays, of the change of the visitation. Acceptance of services shall not be considered an admission of any
allegation in a petition made pursuant to this Act, nor may a referral of
services be considered as evidence in any proceeding pursuant to this Act,
except where the issue is whether the Department has made reasonable
efforts to reunite the family. In making its findings that it is
consistent with the health, safety and best
interests of the minor to prescribe shelter care, the court shall state in
writing (i) the factual basis supporting its findings concerning the
immediate and urgent necessity for the protection of the minor or of the person
or property of another and (ii) the factual basis supporting its findings that
reasonable efforts were made to prevent or eliminate the removal of the minor
from the minor's home or that no efforts reasonably could be made to prevent or
eliminate the removal of the minor from the minor's home. The
parents, guardian, custodian, temporary custodian and minor shall each be
furnished a copy of such written findings. The temporary custodian shall
maintain a copy of the court order and written findings in the case record
for the child. The order together with the court's findings of fact in
support thereof shall be entered of record in the court.
Once the court finds that it is a matter of immediate and urgent necessity
for the protection of the minor that the minor be placed in a shelter care
facility, the minor shall not be returned to the parent, custodian or guardian
until the court finds that such placement is no longer necessary for the
protection of the minor.
If the child is placed in the temporary custody of the Department of
Children
and Family
Services for the minor's protection, the court shall admonish the parents,
guardian,
custodian or responsible relative that the parents must cooperate with the
Department of Children and Family Services, comply
with the terms of the service plans, and correct the conditions which require
the child to be in care, or risk termination of their parental
rights. The court shall ensure, by inquiring in open court of each parent, guardian, custodian or responsible relative, that the parent, guardian, custodian or responsible relative has had the opportunity to provide the Department with all known names, addresses, and telephone numbers of each of the minor's living adult relatives, including, but not limited to, grandparents, siblings of the minor's parents, and siblings. The court shall advise the parents, guardian, custodian or responsible relative to inform the Department if additional information regarding the minor's adult relatives becomes available.
(3) If prior to the shelter care hearing for a minor described in Sections
2-3, 2-4, 3-3 and 4-3 the moving party is unable to serve notice on the
party respondent, the shelter care hearing may proceed ex parte. A shelter
care order from an ex parte hearing shall be endorsed with the date and
hour of issuance and shall be filed with the clerk's office and entered of
record. The order shall expire after 10 days from the time it is issued
unless before its expiration it is renewed, at a hearing upon appearance
of the party respondent, or upon an affidavit of the moving party as to all
diligent efforts to notify the party respondent by notice as herein
prescribed. The notice prescribed shall be in writing and shall be
personally delivered to the minor or the minor's attorney and to the last
known address of the other person or persons entitled to notice. The
notice shall also state the nature of the allegations, the nature of the
order sought by the State, including whether temporary custody is sought,
and the consequences of failure to appear and shall contain a notice
that the parties will not be entitled to further written notices or publication
notices of proceedings in this case, including the filing of an amended
petition or a motion to terminate parental rights, except as required by
Supreme Court Rule 11; and shall explain the
right of
the parties and the procedures to vacate or modify a shelter care order as
provided in this Section. The notice for a shelter care hearing shall be
substantially as follows:
NOTICE TO PARENTS AND CHILDREN
OF SHELTER CARE HEARING
On ................ at ........., before the |
| Honorable ................, (address:) ................., the State of Illinois will present evidence (1) that (name of child or children) ....................... are abused, neglected or dependent for the following reasons:
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.............................................. and (2)
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| whether there is "immediate and urgent necessity" to remove the child or children from the responsible relative.
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YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
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| PLACEMENT of the child or children in foster care until a trial can be held. A trial may not be held for up to 90 days. You will not be entitled to further notices of proceedings in this case, including the filing of an amended petition or a motion to terminate parental rights.
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At the shelter care hearing, parents have the
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1. To ask the court to appoint a lawyer if they
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2. To ask the court to continue the hearing to
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| allow them time to prepare.
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3. To present evidence concerning:
a. Whether or not the child or children were
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| abused, neglected or dependent.
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b. Whether or not there is "immediate and
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| urgent necessity" to remove the child from home (including: their ability to care for the child, conditions in the home, alternative means of protecting the child other than removal).
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c. The best interests of the child.
4. To cross examine the State's witnesses.
The Notice for rehearings shall be substantially as follows:
NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
TO REHEARING ON TEMPORARY CUSTODY
If you were not present at and did not have adequate |
| notice of the Shelter Care Hearing at which temporary custody of ............... was awarded to ................, you have the right to request a full rehearing on whether the State should have temporary custody of ................. To request this rehearing, you must file with the Clerk of the Juvenile Court (address): ........................, in person or by mailing a statement (affidavit) setting forth the following:
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1. That you were not present at the shelter care
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2. That you did not get adequate notice
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| (explaining how the notice was inadequate).
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3. Your signature.
4. Signature must be notarized.
The rehearing should be scheduled within 48 hours of
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| your filing this affidavit.
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At the rehearing, your rights are the same as at the
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| initial shelter care hearing. The enclosed notice explains those rights.
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At the Shelter Care Hearing, children have the
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1. To have a guardian ad litem appointed.
2. To be declared competent as a witness and to
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| present testimony concerning:
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a. Whether they are abused, neglected or
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b. Whether there is "immediate and urgent
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| necessity" to be removed from home.
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c. Their best interests.
3. To cross examine witnesses for other parties.
4. To obtain an explanation of any proceedings
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(4) If the parent, guardian, legal custodian, responsible relative,
minor age 8 or over, or counsel of the minor did not have actual notice of
or was not present at the shelter care hearing, the parent, guardian, legal custodian, responsible
relative, minor age 8 or over, or counsel of the minor may file an
affidavit setting forth these facts, and the clerk shall set the matter for
rehearing not later than 48 hours, excluding Sundays and legal holidays,
after the filing of the affidavit. At the rehearing, the court shall
proceed in the same manner as upon the original hearing.
(5) Only when there is reasonable cause to believe that the minor
taken into custody is a person described in subsection (3) of Section
5-105 may the minor be
kept or detained in a detention home or county or municipal jail. This
Section shall in no way be construed to limit subsection (6).
(6) No minor under 16 years of age may be confined in a jail or place
ordinarily used for the confinement of prisoners in a police station. Minors
under 18 years of age must be kept separate from confined adults and may
not at any time be kept in the same cell, room, or yard with adults confined
pursuant to the criminal law.
(7) If the minor is not brought before a judicial officer within the
time period as specified in Section 2-9, the minor must immediately be
released from custody.
(8) If neither the parent, guardian or custodian appears within 24
hours to take custody of a minor released upon request pursuant to
subsection (2) of this Section, then the clerk of the court shall set the
matter for rehearing not later than 7 days after the original order and
shall issue a summons directed to the parent, guardian or custodian to
appear. At the same time the probation department shall prepare a report
on the minor. If a parent, guardian or custodian does not appear at such
rehearing, the judge may enter an order prescribing that the minor be kept
in a suitable place designated by the Department of Children and Family
Services or a licensed child welfare agency.
(9) Notwithstanding any other provision of this
Section any interested party, including the State, the temporary
custodian, an agency providing services to the minor or family under a
service plan pursuant to Section 8.2 of the Abused and Neglected Child
Reporting Act, foster parent, or any of their representatives, on notice
to all parties entitled to notice, may file a motion that it is in the best
interests of the minor to modify or vacate a
temporary custody order on any of the following grounds:
(a) It is no longer a matter of immediate and urgent
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| necessity that the minor remain in shelter care; or
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|
(b) There is a material change in the circumstances
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| of the natural family from which the minor was removed and the child can be cared for at home without endangering the child's health or safety; or
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|
(c) A person not a party to the alleged abuse,
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| neglect or dependency, including a parent, relative or legal guardian, is capable of assuming temporary custody of the minor; or
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(d) Services provided by the Department of Children
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| and Family Services or a child welfare agency or other service provider have been successful in eliminating the need for temporary custody and the child can be cared for at home without endangering the child's health or safety.
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|
In ruling on the motion, the court shall determine whether it is consistent
with the health, safety and best interests of the minor to modify
or vacate a temporary custody order. If the
minor is being restored to the custody of a parent, legal custodian, or guardian who lives
outside of Illinois, and an Interstate Compact has been requested and refused, the court may order the
Department of Children and Family Services to arrange for an assessment of the minor's
proposed living arrangement and for ongoing monitoring of the health, safety, and best
interest of the minor and compliance with any order of protective supervision entered in
accordance with Section 2-20 or 2-25.
The clerk shall set the matter for hearing not later than 14 days after
such motion is filed. In the event that the court modifies or vacates a
temporary custody order but does not vacate its finding of probable cause,
the court may order that appropriate services be continued or initiated in
behalf of the minor and the minor's family.
(10) When the court finds or has found that there is probable cause to
believe a minor is an abused minor as described in subsection (2) of Section
2-3
and that there is an immediate and urgent necessity for the abused minor to be
placed in shelter care, immediate and urgent necessity shall be presumed for
any other minor residing in the same household as the abused minor provided:
(a) Such other minor is the subject of an abuse or
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| neglect petition pending before the court; and
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|
(b) A party to the petition is seeking shelter care
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|
Once the presumption of immediate and urgent necessity has been raised, the
burden of demonstrating the lack of immediate and urgent necessity shall be on
any party that is opposing shelter care for the other minor.
(11) The changes made to this Section by Public Act 98-61 apply to a minor who has been
arrested or taken into custody on or after January 1, 2014 (the effective date
of Public Act 98-61).
(12) After the court has placed a minor in the care of a temporary custodian pursuant to this Section, any party may file a motion requesting the court to grant the temporary custodian the authority to serve as a surrogate decision maker for the minor under the Health Care Surrogate Act for purposes of making decisions pursuant to paragraph (1) of subsection (b) of Section 20 of the Health Care Surrogate Act. The court may grant the motion if it determines by clear and convincing evidence that it is in the best interests of the minor to grant the temporary custodian such authority. In making its determination, the court shall weigh the following factors in addition to considering the best interests factors listed in subsection (4.05) of Section 1-3 of this Act:
(a) the efforts to identify and locate the
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| respondents and adult family members of the minor and the results of those efforts;
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(b) the efforts to engage the respondents and
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| adult family members of the minor in decision making on behalf of the minor;
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(c) the length of time the efforts in paragraphs
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| (a) and (b) have been ongoing;
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|
(d) the relationship between the respondents and
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| adult family members and the minor;
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|
(e) medical testimony regarding the extent to which
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| the minor is suffering and the impact of a delay in decision-making on the minor; and
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|
(f) any other factor the court deems relevant.
If the Department of Children and Family Services is the temporary custodian of the minor, in addition to the requirements of paragraph (1) of subsection (b) of Section 20 of the Health Care Surrogate Act, the Department shall follow its rules and procedures in exercising authority granted under this subsection.
(Source: P.A. 102-489, eff. 8-20-21; 102-502, eff. 1-1-22; 102-813, eff. 5-13-22; 103-22, eff. 8-8-23.)
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(705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
(Text of Section from P.A. 103-22)
Sec. 2-28. Court review.
(1) The court may require any legal custodian or guardian of the person
appointed under this Act to report periodically to the court or may cite the legal custodian or guardian
into court and require the legal custodian, guardian, or the legal custodian's or guardian's agency to make a full and
accurate report of the doings of the legal
custodian, guardian, or agency on behalf of the minor. The
custodian or guardian, within 10 days after such citation, or earlier if the court determines it to be necessary to protect the health, safety, or welfare of the minor, 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 custodian or guardian and appoint
another in the custodian's
or guardian's stead or restore the minor to the custody of the minor's parents
or former guardian or custodian. However, custody of the minor shall
not be restored to any parent, guardian, or legal custodian in any case
in which the minor is found to be neglected or abused under Section 2-3 or
dependent under Section 2-4 of this
Act, unless the minor can be cared for at home without endangering the
minor's health or safety and it is in the best interests of the minor, and
if such neglect,
abuse, or dependency is found by the court under paragraph (1)
of Section 2-21 of
this Act to have come about due to the acts or omissions or both of such
parent, guardian,
or legal custodian, until such time as an investigation is made as provided in
paragraph (5) and a hearing is held on the issue of the fitness of such parent,
guardian, or legal custodian to care for the minor and the court enters an order
that such parent, guardian, or legal custodian is fit to care for the minor.
(1.5) The public agency that is the custodian or guardian of the minor shall file a written report with the court no later than 15 days after a minor in the agency's care remains: (1) in a shelter placement beyond 30 days; (2) in a psychiatric hospital past the time when the |
| minor is clinically ready for discharge or beyond medical necessity for the minor's health; or
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(3) in a detention center or Department of Juvenile
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| Justice facility solely because the public agency cannot find an appropriate placement for the minor.
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The report shall explain the steps the agency is taking to ensure the minor is placed appropriately, how the minor's needs are being met in the minor's shelter placement, and if a future placement has been identified by the Department, why the anticipated placement is appropriate for the needs of the minor and the anticipated placement date.
(1.6) Within 35 days after placing a child in its care in a qualified residential treatment program, as defined by the federal Social Security Act, the Department of Children and Family Services shall file a written report with the court and send copies of the report to all parties. Within 20 days of the filing of the report, the court shall hold a hearing to consider the Department's report and determine whether placement of the child in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment and if the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan for the child. The court shall approve or disapprove the placement. If applicable, the requirements of Sections 2-27.1 and 2-27.2 must also be met.
The Department's written report and the court's written determination shall be included in and made part of the case plan for the child. If the child remains placed in a qualified residential treatment program, the Department shall submit evidence at each status and permanency hearing:
(1) demonstrating that on-going assessment of the
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| strengths and needs of the child continues to support the determination that the child's needs cannot be met through placement in a foster family home, that the placement provides the most effective and appropriate level of care for the child in the least restrictive, appropriate environment, and that the placement is consistent with the short-term and long-term permanency goal for the child, as specified in the permanency plan for the child;
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(2) documenting the specific treatment or service
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| needs that should be met for the child in the placement and the length of time the child is expected to need the treatment or services; and
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(3) the efforts made by the agency to prepare the
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| child to return home or to be placed with a fit and willing relative, a legal guardian, or an adoptive parent, or in a foster family home.
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|
(2) The first permanency hearing shall be
conducted by the judge. Subsequent permanency hearings may be
heard by a judge or by hearing officers appointed or approved by the court in
the manner set forth in Section 2-28.1 of this Act.
The initial hearing shall be held (a) within 12 months from the date
temporary
custody was taken, regardless of whether an adjudication or dispositional hearing has been completed within that time frame, (b) if the parental rights of both parents have been
terminated in accordance with the procedure described in subsection (5) of
Section 2-21, within
30 days of the order for termination of parental rights and appointment of
a guardian with power to consent to adoption, or (c) in accordance with
subsection
(2) of Section 2-13.1. Subsequent permanency hearings
shall be held every 6 months
or more frequently if necessary in the court's determination following the
initial permanency hearing, in accordance with the standards set forth in this
Section, until the court determines that the plan and goal have been achieved.
Once the plan and goal have been achieved, if the minor remains in substitute
care, the case shall be reviewed at least every 6 months thereafter, subject to
the provisions of this Section, unless the minor is placed in the guardianship
of a suitable relative or other person and the court determines that further
monitoring by the court does not further the health, safety, or best interest of
the child and that this is a stable permanent placement.
The permanency hearings must occur within the time frames set forth in this
subsection and may not be delayed in anticipation of a report from any source or due to the agency's failure to timely file its written report (this
written report means the one required under the next paragraph and does not
mean the service plan also referred to in that paragraph).
The public agency that is the custodian or guardian of the minor, or another
agency responsible for the minor's care, shall ensure that all parties to the
permanency hearings are provided a copy of the most recent
service plan prepared within the prior 6 months
at least 14 days in advance of the hearing. If not contained in the agency's service plan, the
agency shall also include a report setting forth (i) any special
physical, psychological, educational, medical, emotional, or other needs of the
minor or the minor's family that are relevant to a permanency or placement
determination and (ii) for any minor age 16 or over, a written description of
the programs and services that will enable the minor to prepare for independent
living. If not contained in the agency's service plan, the agency's report shall specify if a minor is placed in a licensed child care facility under a corrective plan by the Department due to concerns impacting the minor's safety and well-being. The report shall explain the steps the Department is taking to ensure the safety and well-being of the minor and that the minor's needs are met in the facility. The agency's written report must detail what progress or lack of
progress the parent has made in correcting the conditions requiring the child
to be in care; whether the child can be returned home without jeopardizing the
child's health, safety, and welfare, and if not, what permanency goal is
recommended to be in the best interests of the child, and why the other
permanency goals are not appropriate. The caseworker must appear and testify
at the permanency hearing. If a permanency hearing has not previously been
scheduled by the court, the moving party shall move for the setting of a
permanency hearing and the entry of an order within the time frames set forth
in this subsection.
At the permanency hearing, the court shall determine the future status
of the child. The court shall set one of the following permanency goals:
(A) The minor will be returned home by a specific
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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 one year, where the progress of the parent or parents is substantial giving particular consideration to the age and individual needs of the minor.
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(B-1) The minor will be in short-term care with a
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| continued goal to return home pending a status hearing. When the court finds that a parent has not made reasonable efforts or reasonable progress to date, the court shall identify what actions the parent and the Department must take in order to justify a finding of reasonable efforts or reasonable progress and shall set a status hearing to be held not earlier than 9 months from the date of adjudication nor later than 11 months from the date of adjudication during which the parent's progress will again be reviewed.
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(C) The minor will be in substitute care pending
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| court determination on termination of parental rights.
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|
(D) Adoption, provided that parental rights have been
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| terminated or relinquished.
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(E) The guardianship of the minor will be transferred
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| to an individual or couple on a permanent basis provided that goals (A) through (D) have been deemed inappropriate and not in the child's best interests. The court shall confirm that the Department has discussed adoption, if appropriate, and guardianship with the caregiver prior to changing a goal to guardianship.
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|
(F) The minor over age 15 will be in substitute care
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| pending independence. In selecting this permanency goal, the Department of Children and Family Services may provide services to enable reunification and to strengthen the minor's connections with family, fictive kin, and other responsible adults, provided the services are in the minor's best interest. The services shall be documented in the service plan.
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|
(G) The minor will be in substitute care because the
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| minor cannot be provided for in a home environment due to developmental disabilities or mental illness or because the minor is a danger to self or others, provided that goals (A) through (D) have been deemed inappropriate and not in the child's best interests.
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|
In selecting any permanency goal, the court shall indicate in writing the
reasons the goal was selected and why the preceding goals were deemed inappropriate and not in the child's best interest.
Where the court has selected a permanency goal other than (A), (B), or (B-1),
the
Department of Children and Family Services shall not provide further
reunification services, except as provided in paragraph (F) of this subsection (2), but shall provide services
consistent with the goal
selected.
(H) Notwithstanding any other provision in this
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| Section, the court may select the goal of continuing foster care as a permanency goal if:
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|
(1) The Department of Children and Family
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| Services has custody and guardianship of the minor;
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|
(2) The court has deemed all other permanency
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| goals inappropriate based on the child's best interest;
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|
(3) The court has found compelling reasons, based
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| on written documentation reviewed by the court, to place the minor in continuing foster care. Compelling reasons include:
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|
(a) the child does not wish to be adopted or
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| to be placed in the guardianship of the minor's relative or foster care placement;
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|
(b) the child exhibits an extreme level of
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| need such that the removal of the child from the minor's placement would be detrimental to the child; or
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(c) the child who is the subject of the
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| permanency hearing has existing close and strong bonds with a sibling, and achievement of another permanency goal would substantially interfere with the subject child's sibling relationship, taking into consideration the nature and extent of the relationship, and whether ongoing contact is in the subject child's best interest, including long-term emotional interest, as compared with the legal and emotional benefit of permanence;
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(4) The child has lived with the relative
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| or foster parent for at least one year; and
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(5) The relative or foster parent
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| currently caring for the child is willing and capable of providing the child with a stable and permanent environment.
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The court shall set a
permanency
goal that is in the best interest of the child. In determining that goal, the court shall consult with the minor in an age-appropriate manner regarding the proposed permanency or transition plan for the minor. The court's determination
shall include the following factors:
(1) Age of the child.
(2) Options available for permanence, including both
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| out-of-state and in-state placement options.
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(3) Current placement of the child and the intent of
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| the family regarding adoption.
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(4) Emotional, physical, and mental status or
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(5) Types of services previously offered and whether
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| or not the services were successful and, if not successful, the reasons the services failed.
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(6) Availability of services currently needed and
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| whether the services exist.
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(7) Status of siblings of the minor.
The court shall consider (i) the permanency goal contained in the service
plan, (ii) the appropriateness of the
services contained in the plan and whether those services have been
provided, (iii) whether reasonable efforts have been made by all
the parties to the service plan to achieve the goal, and (iv) whether the plan
and goal have been achieved. All evidence
relevant to determining these questions, including oral and written reports,
may be admitted and may be relied on to the extent of their probative value.
The court shall make findings as to whether, in violation of Section 8.2 of the Abused and Neglected Child Reporting Act, any portion of the service plan compels a child or parent to engage in any activity or refrain from any activity that is not reasonably related to remedying a condition or conditions that gave rise or which could give rise to any finding of child abuse or neglect. The services contained in the service plan shall include services reasonably related to remedy the conditions that gave rise to removal of the child from the home of the child's parents, guardian, or legal custodian or that the court has found must be remedied prior to returning the child home. Any tasks the court requires of the parents, guardian, or legal custodian or child prior to returning the child home must be reasonably related to remedying a condition or conditions that gave rise to or which could give rise to any finding of child abuse or neglect.
If the permanency goal is to return home, the court shall make findings that identify any problems that are causing continued placement of the children away from the home and identify what outcomes would be considered a resolution to these problems. The court shall explain to the parents that these findings are based on the information that the court has at that time and may be revised, should additional evidence be presented to the court.
The court shall review the Sibling Contact Support Plan developed or modified under subsection (f) of Section 7.4 of the Children and Family Services Act, if applicable. If the Department has not convened a meeting to
develop or modify a Sibling Contact Support Plan, or if the court finds that the existing Plan
is not in the child's best interest, the court may enter an order requiring the Department to
develop, modify, or implement a Sibling Contact Support Plan, or order mediation.
If the goal has been achieved, the court shall enter orders that are
necessary to conform the minor's legal custody and status to those findings.
If, after receiving evidence, the court determines that the services
contained in the plan are not reasonably calculated to facilitate achievement
of the permanency goal, the court shall put in writing the factual basis
supporting the determination and enter specific findings based on the evidence.
The court also shall enter an order for the Department to develop and
implement a new service plan or to implement changes to the current service
plan consistent with the court's findings. The new service plan shall be filed
with the court and served on all parties within 45 days of the date of the
order. The court shall continue the matter until the new service plan is
filed. Except as authorized by subsection (2.5) of this Section and as otherwise specifically authorized by law, the court is not empowered under this Section to order specific placements, specific services, or specific service providers to be included in the service plan.
A guardian or custodian appointed by the court pursuant to this Act shall
file updated case plans with the court every 6 months.
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.
(2.5) If, after reviewing the evidence, including evidence from the Department, the court determines that the minor's current or planned placement is not necessary or appropriate to facilitate achievement of the permanency goal, the court shall put in writing the factual basis supporting its determination and enter specific findings based on the evidence. If the court finds that the minor's current or planned placement is not necessary or appropriate, the court may enter an order directing the Department to implement a recommendation by the minor's treating clinician or a clinician contracted by the Department to evaluate the minor or a recommendation made by the Department. If the Department places a minor in a placement under an order entered under this subsection (2.5), the Department has the authority to remove the minor from that placement when a change in circumstances necessitates the removal to protect the minor's health, safety, and best interest. If the Department determines removal is necessary, the Department shall notify the parties of the planned placement change in writing no later than 10 days prior to the implementation of its determination unless remaining in the placement poses an imminent risk of harm to the minor, in which case the Department shall notify the parties of the placement change in writing immediately following the implementation of its decision. The Department shall notify others of the decision to change the minor's placement as required by Department rule.
(3) Following the permanency hearing, the court shall enter a written order
that includes the determinations required under subsection (2) of this
Section and sets forth the following:
(a) The future status of the minor, including the
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| permanency goal, and any order necessary to conform the minor's legal custody and status to such determination; or
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|
(b) If the permanency goal of the minor cannot be
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| achieved immediately, the specific reasons for continuing the minor in the care of the Department of Children and Family Services or other agency for short-term placement, and the following determinations:
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|
(i) (Blank).
(ii) Whether the services required by the court
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| and by any service plan prepared within the prior 6 months have been provided and (A) if so, whether the services were reasonably calculated to facilitate the achievement of the permanency goal or (B) if not provided, why the services were not provided.
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|
(iii) Whether the minor's current or planned
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| placement is necessary, and appropriate to the plan and goal, recognizing the right of minors to the least restrictive (most family-like) setting available and in close proximity to the parents' home consistent with the health, safety, best interest, and special needs of the minor and, if the minor is placed out-of-state, whether the out-of-state placement continues to be appropriate and consistent with the health, safety, and best interest of the minor.
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|
(iv) (Blank).
(v) (Blank).
(4) 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 the minor's parents or former guardian or custodian.
When return home is not selected as the permanency goal:
(a) The Department, the minor, or the current foster
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| parent or relative caregiver seeking private guardianship may file a motion for private guardianship of the minor. Appointment of a guardian under this Section requires approval of the court.
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|
(b) The State's Attorney may file a motion to
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| terminate parental rights of any parent who has failed to make reasonable efforts to correct the conditions which led to the removal of the child or reasonable progress toward the return of the child, as defined in subdivision (D)(m) of Section 1 of the Adoption Act or for whom any other unfitness ground for terminating parental rights as defined in subdivision (D) of Section 1 of the Adoption Act exists.
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|
When parental rights have been terminated for a
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| minimum of 3 years and the child who is the subject of the permanency hearing is 13 years old or older and is not currently placed in a placement likely to achieve permanency, the Department of Children and Family Services shall make reasonable efforts to locate parents whose rights have been terminated, except when the Court determines that those efforts would be futile or inconsistent with the subject child's best interests. The Department of Children and Family Services shall assess the appropriateness of the parent whose rights have been terminated, and shall, as appropriate, foster and support connections between the parent whose rights have been terminated and the youth. The Department of Children and Family Services shall document its determinations and 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, guardian, or legal
custodian in any case in which the minor is found to be neglected or abused
under Section 2-3 or dependent under Section 2-4 of this Act, unless the
minor can be cared for at home
without endangering the minor's health or safety and it is in the best
interest of the minor,
and if such neglect, abuse, or dependency is found by the court
under paragraph (1) of Section 2-21 of this Act to have come
about due to the acts or omissions or both of such parent, guardian, or legal
custodian, until such time as an investigation is made as provided in
paragraph (5) and a hearing is held on the issue of the health,
safety, and
best interest of the minor and the fitness of such
parent, guardian, or legal custodian to care for the minor and the court
enters an order that such parent, guardian, or legal custodian is fit to
care for the minor. If a motion is filed to modify or
vacate a private guardianship order and return the child to a parent, guardian, or legal custodian, the
court may order the Department of Children and Family Services to assess the minor's current and
proposed living arrangements and to provide ongoing monitoring of the health, safety, and best interest
of the minor during the pendency of the motion to assist the court in making that determination. In the event that the minor has attained 18 years
of age and the guardian or custodian petitions the court for an order
terminating the minor's guardianship or custody, guardianship or custody shall
terminate automatically 30 days after the receipt of the petition unless
the court orders otherwise. No legal custodian or guardian of the
person may be removed without the legal custodian's or guardian's consent until given notice and an
opportunity to be heard by the court.
When the court orders a child restored to the custody of the parent or
parents, the court shall order the parent or parents to cooperate with the
Department of Children and Family Services and comply with the terms of an
after-care plan, or risk the loss of custody of the child and possible
termination of their parental rights. The court may also enter an order of
protective supervision in accordance with Section 2-24.
If the minor is being restored to the custody of a parent, legal custodian, or guardian who lives
outside of Illinois, and an Interstate Compact has been requested and refused, the court may order the
Department of Children and Family Services to arrange for an assessment of the minor's
proposed living arrangement and for ongoing monitoring of the health, safety, and best
interest of the minor and compliance with any order of protective supervision entered in
accordance with Section 2-24.
(5) Whenever a parent, guardian, or legal custodian files a motion for
restoration of custody of the minor, and the minor was adjudicated
neglected, abused, or dependent as a result of physical abuse,
the court shall cause to be
made an investigation as to whether the movant has ever been charged
with or convicted of any criminal offense which would indicate the
likelihood of any further physical abuse to the minor. Evidence of such
criminal convictions shall be taken into account in determining whether the
minor can be cared for at home without endangering the minor's health or safety
and fitness of the parent, guardian, or legal custodian.
(a) Any agency of this State or any subdivision
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| thereof shall cooperate with the agent of the court in providing any information sought in the investigation.
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|
(b) The information derived from the investigation
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| and any conclusions or recommendations derived from the information shall be provided to the parent, guardian, or legal custodian seeking restoration of custody prior to the hearing on fitness and the movant shall have an opportunity at the hearing to refute the information or contest its significance.
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|
(c) All information obtained from any investigation
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| shall be confidential as provided in Section 5-150 of this Act.
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|
(Source: P.A. 102-193, eff. 7-30-21; 102-489, eff. 8-20-21; 102-813, eff. 5-13-22; 103-22, eff. 8-8-23.)
(Text of Section from P.A. 103-154)
Sec. 2-28. Court review.
(1) The court may require any legal custodian or guardian of the person
appointed under this Act to report periodically to the court or may cite
him into court and require him or his agency to make a full and
accurate report of his or its doings in behalf of the minor. The
custodian or guardian, within 10 days after such citation, or earlier if the court determines it to be necessary to protect the health, safety, or welfare of the minor, 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 custodian or guardian and appoint
another in his stead or restore the minor to the custody of his parents
or former guardian or custodian. However, custody of the minor shall
not be restored to any parent, guardian, or legal custodian in any case
in which the minor is found to be neglected or abused under Section 2-3 or
dependent under Section 2-4 of this
Act, unless the minor can be cared for at home without endangering the
minor's health or safety and it is in the best interests of the minor, and
if such neglect,
abuse, or dependency is found by the court under paragraph (1)
of Section 2-21 of
this Act to have come about due to the acts or omissions or both of such
parent, guardian,
or legal custodian, until such time as an investigation is made as provided in
paragraph (5) and a hearing is held on the issue of the fitness of such parent,
guardian, or legal custodian to care for the minor and the court enters an order
that such parent, guardian, or legal custodian is fit to care for the minor.
(1.5) The public agency that is the custodian or guardian of the minor shall file a written report with the court no later than 15 days after a minor in the agency's care remains:
(1) in a shelter placement beyond 30 days;
(2) in a psychiatric hospital past the time when the
|
| minor is clinically ready for discharge or beyond medical necessity for the minor's health; or
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|
(3) in a detention center or Department of Juvenile
|
| Justice facility solely because the public agency cannot find an appropriate placement for the minor.
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|
The report shall explain the steps the agency is taking to ensure the minor is placed appropriately, how the minor's needs are being met in the minor's shelter placement, and if a future placement has been identified by the Department, why the anticipated placement is appropriate for the needs of the minor and the anticipated placement date.
(1.6) Within 35 days after placing a child in its care in a qualified residential treatment program, as defined by the federal Social Security Act, the Department of Children and Family Services shall file a written report with the court and send copies of the report to all parties. Within 20 days of the filing of the report, the court shall hold a hearing to consider the Department's report and determine whether placement of the child in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment and if the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan for the child. The court shall approve or disapprove the placement. If applicable, the requirements of Sections 2-27.1 and 2-27.2 must also be met.
The Department's written report and the court's written determination shall be included in and made part of the case plan for the child. If the child remains placed in a qualified residential treatment program, the Department shall submit evidence at each status and permanency hearing:
(1) demonstrating that on-going assessment of the
|
| strengths and needs of the child continues to support the determination that the child's needs cannot be met through placement in a foster family home, that the placement provides the most effective and appropriate level of care for the child in the least restrictive, appropriate environment, and that the placement is consistent with the short-term and long-term permanency goal for the child, as specified in the permanency plan for the child;
|
|
(2) documenting the specific treatment or service
|
| needs that should be met for the child in the placement and the length of time the child is expected to need the treatment or services; and
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|
(3) the efforts made by the agency to prepare the
|
| child to return home or to be placed with a fit and willing relative, a legal guardian, or an adoptive parent, or in a foster family home.
|
|
(2) The first permanency hearing shall be
conducted by the judge. Subsequent permanency hearings may be
heard by a judge or by hearing officers appointed or approved by the court in
the manner set forth in Section 2-28.1 of this Act.
The initial hearing shall be held (a) within 12 months from the date
temporary
custody was taken, regardless of whether an adjudication or dispositional hearing has been completed within that time frame, (b) if the parental rights of both parents have been
terminated in accordance with the procedure described in subsection (5) of
Section 2-21, within
30 days of the order for termination of parental rights and appointment of
a guardian with power to consent to adoption, or (c) in accordance with
subsection
(2) of Section 2-13.1. Subsequent permanency hearings
shall be held every 6 months
or more frequently if necessary in the court's determination following the
initial permanency hearing, in accordance with the standards set forth in this
Section, until the court determines that the plan and goal have been achieved.
Once the plan and goal have been achieved, if the minor remains in substitute
care, the case shall be reviewed at least every 6 months thereafter, subject to
the provisions of this Section, unless the minor is placed in the guardianship
of a suitable relative or other person and the court determines that further
monitoring by the court does not further the health, safety, or best interest of
the child and that this is a stable permanent placement.
The permanency hearings must occur within the time frames set forth in this
subsection and may not be delayed in anticipation of a report from any source or due to the agency's failure to timely file its written report (this
written report means the one required under the next paragraph and does not
mean the service plan also referred to in that paragraph).
The public agency that is the custodian or guardian of the minor, or another
agency responsible for the minor's care, shall ensure that all parties to the
permanency hearings are provided a copy of the most recent
service plan prepared within the prior 6 months
at least 14 days in advance of the hearing. If not contained in the agency's service plan, the
agency shall also include a report setting forth (i) any special
physical, psychological, educational, medical, emotional, or other needs of the
minor or his or her family that are relevant to a permanency or placement
determination and (ii) for any minor age 16 or over, a written description of
the programs and services that will enable the minor to prepare for independent
living. If not contained in the agency's service plan, the agency's report shall specify if a minor is placed in a licensed child care facility under a corrective plan by the Department due to concerns impacting the minor's safety and well-being. The report shall explain the steps the Department is taking to ensure the safety and well-being of the minor and that the minor's needs are met in the facility. The agency's written report must detail what progress or lack of
progress the parent has made in correcting the conditions requiring the child
to be in care; whether the child can be returned home without jeopardizing the
child's health, safety, and welfare, and if not, what permanency goal is
recommended to be in the best interests of the child, and why the other
permanency goals are not appropriate. The caseworker must appear and testify
at the permanency hearing. If a permanency hearing has not previously been
scheduled by the court, the moving party shall move for the setting of a
permanency hearing and the entry of an order within the time frames set forth
in this subsection.
At the permanency hearing, the court shall determine the future status
of the child. The court shall set one of the following permanency goals:
(A) The minor will be returned home by a specific
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|
(B) The minor will be in short-term care with a
|
| continued goal to return home within a period not to exceed one year, where the progress of the parent or parents is substantial giving particular consideration to the age and individual needs of the minor.
|
|
(B-1) The minor will be in short-term care with a
|
| continued goal to return home pending a status hearing. When the court finds that a parent has not made reasonable efforts or reasonable progress to date, the court shall identify what actions the parent and the Department must take in order to justify a finding of reasonable efforts or reasonable progress and shall set a status hearing to be held not earlier than 9 months from the date of adjudication nor later than 11 months from the date of adjudication during which the parent's progress will again be reviewed.
|
|
(C) The minor will be in substitute care pending
|
| court determination on termination of parental rights.
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|
(D) Adoption, provided that parental rights have been
|
| terminated or relinquished.
|
|
(E) The guardianship of the minor will be transferred
|
| to an individual or couple on a permanent basis provided that goals (A) through (D) have been deemed inappropriate and not in the child's best interests. The court shall confirm that the Department has discussed adoption, if appropriate, and guardianship with the caregiver prior to changing a goal to guardianship.
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|
(F) The minor over age 15 will be in substitute care
|
| pending independence. In selecting this permanency goal, the Department of Children and Family Services may provide services to enable reunification and to strengthen the minor's connections with family, fictive kin, and other responsible adults, provided the services are in the minor's best interest. The services shall be documented in the service plan.
|
|
(G) The minor will be in substitute care because he
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| or she cannot be provided for in a home environment due to developmental disabilities or mental illness or because he or she is a danger to self or others, provided that goals (A) through (D) have been deemed inappropriate and not in the child's best interests.
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|
In selecting any permanency goal, the court shall indicate in writing the
reasons the goal was selected and why the preceding goals were deemed inappropriate and not in the child's best interest.
Where the court has selected a permanency goal other than (A), (B), or (B-1),
the
Department of Children and Family Services shall not provide further
reunification services, except as provided in paragraph (F) of this subsection (2), but shall provide services
consistent with the goal
selected.
(H) Notwithstanding any other provision in this
|
| Section, the court may select the goal of continuing foster care as a permanency goal if:
|
|
(1) The Department of Children and Family
|
| Services has custody and guardianship of the minor;
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|
(2) The court has deemed all other permanency
|
| goals inappropriate based on the child's best interest;
|
|
(3) The court has found compelling reasons, based
|
| on written documentation reviewed by the court, to place the minor in continuing foster care. Compelling reasons include:
|
|
(a) the child does not wish to be adopted or
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| to be placed in the guardianship of his or her relative or foster care placement;
|
|
(b) the child exhibits an extreme level of
|
| need such that the removal of the child from his or her placement would be detrimental to the child; or
|
|
(c) the child who is the subject of the
|
| permanency hearing has existing close and strong bonds with a sibling, and achievement of another permanency goal would substantially interfere with the subject child's sibling relationship, taking into consideration the nature and extent of the relationship, and whether ongoing contact is in the subject child's best interest, including long-term emotional interest, as compared with the legal and emotional benefit of permanence;
|
|
(4) The child has lived with the relative
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| or foster parent for at least one year; and
|
|
(5) The relative or foster parent
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| currently caring for the child is willing and capable of providing the child with a stable and permanent environment.
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|
The court shall set a
permanency
goal that is in the best interest of the child. In determining that goal, the court shall consult with the minor in an age-appropriate manner regarding the proposed permanency or transition plan for the minor. The court's determination
shall include the following factors:
(1) Age of the child.
(2) Options available for permanence, including both
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| out-of-state and in-state placement options.
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|
(3) Current placement of the child and the intent of
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| the family regarding adoption.
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|
(4) Emotional, physical, and mental status or
|
|
(5) Types of services previously offered and whether
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| or not the services were successful and, if not successful, the reasons the services failed.
|
|
(6) Availability of services currently needed and
|
| whether the services exist.
|
|
(7) Status of siblings of the minor.
The court shall consider (i) the permanency goal contained in the service
plan, (ii) the appropriateness of the
services contained in the plan and whether those services have been
provided, (iii) whether reasonable efforts have been made by all
the parties to the service plan to achieve the goal, and (iv) whether the plan
and goal have been achieved. All evidence
relevant to determining these questions, including oral and written reports,
may be admitted and may be relied on to the extent of their probative value.
The court shall make findings as to whether, in violation of Section 8.2 of the Abused and Neglected Child Reporting Act, any portion of the service plan compels a child or parent to engage in any activity or refrain from any activity that is not reasonably related to remedying a condition or conditions that gave rise or which could give rise to any finding of child abuse or neglect. The services contained in the service plan shall include services reasonably related to remedy the conditions that gave rise to removal of the child from the home of his or her parents, guardian, or legal custodian or that the court has found must be remedied prior to returning the child home. Any tasks the court requires of the parents, guardian, or legal custodian or child prior to returning the child home must be reasonably related to remedying a condition or conditions that gave rise to or which could give rise to any finding of child abuse or neglect.
If the permanency goal is to return home, the court shall make findings that identify any problems that are causing continued placement of the children away from the home and identify what outcomes would be considered a resolution to these problems. The court shall explain to the parents that these findings are based on the information that the court has at that time and may be revised, should additional evidence be presented to the court.
The court shall review the Sibling Contact Support Plan developed or modified under subsection (f) of Section 7.4 of the Children and Family Services Act, if applicable. If the Department has not convened a meeting to
develop or modify a Sibling Contact Support Plan, or if the court finds that the existing Plan
is not in the child's best interest, the court may enter an order requiring the Department to
develop, modify, or implement a Sibling Contact Support Plan, or order mediation.
If the goal has been achieved, the court shall enter orders that are
necessary to conform the minor's legal custody and status to those findings.
If, after receiving evidence, the court determines that the services
contained in the plan are not reasonably calculated to facilitate achievement
of the permanency goal, the court shall put in writing the factual basis
supporting the determination and enter specific findings based on the evidence.
The court also shall enter an order for the Department to develop and
implement a new service plan or to implement changes to the current service
plan consistent with the court's findings. The new service plan shall be filed
with the court and served on all parties within 45 days of the date of the
order. The court shall continue the matter until the new service plan is
filed. Except as authorized by subsection (2.5) of this Section and as otherwise specifically authorized by law, the court is not empowered under this Section to order specific placements, specific services, or specific service providers to be included in the service plan.
A guardian or custodian appointed by the court pursuant to this Act shall
file updated case plans with the court every 6 months.
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.
(2.5) If, after reviewing the evidence, including evidence from the Department, the court determines that the minor's current or planned placement is not necessary or appropriate to facilitate achievement of the permanency goal, the court shall put in writing the factual basis supporting its determination and enter specific findings based on the evidence. If the court finds that the minor's current or planned placement is not necessary or appropriate, the court may enter an order directing the Department to implement a recommendation by the minor's treating clinician or a clinician contracted by the Department to evaluate the minor or a recommendation made by the Department. If the Department places a minor in a placement under an order entered under this subsection (2.5), the Department has the authority to remove the minor from that placement when a change in circumstances necessitates the removal to protect the minor's health, safety, and best interest. If the Department determines removal is necessary, the Department shall notify the parties of the planned placement change in writing no later than 10 days prior to the implementation of its determination unless remaining in the placement poses an imminent risk of harm to the minor, in which case the Department shall notify the parties of the placement change in writing immediately following the implementation of its decision. The Department shall notify others of the decision to change the minor's placement as required by Department rule.
(3) Following the permanency hearing, the court shall enter a written order
that includes the determinations required under subsection (2) of this
Section and sets forth the following:
(a) The future status of the minor, including the
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| permanency goal, and any order necessary to conform the minor's legal custody and status to such determination; or
|
|
(b) If the permanency goal of the minor cannot be
|
| achieved immediately, the specific reasons for continuing the minor in the care of the Department of Children and Family Services or other agency for short-term placement, and the following determinations:
|
|
(i) (Blank).
(ii) Whether the services required by the court
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| and by any service plan prepared within the prior 6 months have been provided and (A) if so, whether the services were reasonably calculated to facilitate the achievement of the permanency goal or (B) if not provided, why the services were not provided.
|
|
(iii) Whether the minor's current or planned
|
| placement is necessary, and appropriate to the plan and goal, recognizing the right of minors to the least restrictive (most family-like) setting available and in close proximity to the parents' home consistent with the health, safety, best interest, and special needs of the minor and, if the minor is placed out-of-state, whether the out-of-state placement continues to be appropriate and consistent with the health, safety, and best interest of the minor.
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|
(iv) (Blank).
(v) (Blank).
(4) 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 parents or former guardian or custodian.
When return home is not selected as the permanency goal:
(a) The Department, the minor, or the current foster
|
| parent or relative caregiver seeking private guardianship may file a motion for private guardianship of the minor. Appointment of a guardian under this Section requires approval of the court.
|
|
(b) The State's Attorney may file a motion to
|
| terminate parental rights of any parent who has failed to make reasonable efforts to correct the conditions which led to the removal of the child or reasonable progress toward the return of the child, as defined in subdivision (D)(m) of Section 1 of the Adoption Act or for whom any other unfitness ground for terminating parental rights as defined in subdivision (D) of Section 1 of the Adoption Act exists.
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|
When parental rights have been terminated for a
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| minimum of 3 years and the child who is the subject of the permanency hearing is 13 years old or older and is not currently placed in a placement likely to achieve permanency, the Department of Children and Family Services shall make reasonable efforts to locate parents whose rights have been terminated, except when the Court determines that those efforts would be futile or inconsistent with the subject child's best interests. The Department of Children and Family Services shall assess the appropriateness of the parent whose rights have been terminated, and shall, as appropriate, foster and support connections between the parent whose rights have been terminated and the youth. The Department of Children and Family Services shall document its determinations and 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, guardian, or legal
custodian in any case in which the minor is found to be neglected or abused
under Section 2-3 or dependent under Section 2-4 of this Act, unless the
minor can be cared for at home
without endangering his or her health or safety and it is in the best
interest of the minor,
and if such neglect, abuse, or dependency is found by the court
under paragraph (1) of Section 2-21 of this Act to have come
about due to the acts or omissions or both of such parent, guardian, or legal
custodian, until such time as an investigation is made as provided in
paragraph (5) and a hearing is held on the issue of the health,
safety, and
best interest of the minor and the fitness of such
parent, guardian, or legal custodian to care for the minor and the court
enters an order that such parent, guardian, or legal custodian is fit to
care for the minor. If a motion is filed to modify or
vacate a private guardianship order and return the child to a parent, guardian, or legal custodian, the
court may order the Department of Children and Family Services to assess the minor's current and
proposed living arrangements and to provide ongoing monitoring of the health, safety, and best interest
of the minor during the pendency of the motion to assist the court in making that determination. In the event that the minor has attained 18 years
of age and the guardian or custodian petitions the court for an order
terminating his guardianship or custody, guardianship or custody shall
terminate automatically 30 days after the receipt of the petition unless
the court orders otherwise. No legal custodian or guardian of the
person may be removed without his consent until given notice and an
opportunity to be heard by the court.
When the court orders a child restored to the custody of the parent or
parents, the court shall order the parent or parents to cooperate with the
Department of Children and Family Services and comply with the terms of an
after-care plan, or risk the loss of custody of the child and possible
termination of their parental rights. The court may also enter an order of
protective supervision in accordance with Section 2-24.
If the minor is being restored to the custody of a parent, legal custodian, or guardian who lives
outside of Illinois, and an Interstate Compact has been requested and refused, the court may order the
Department of Children and Family Services to arrange for an assessment of the minor's
proposed living arrangement and for ongoing monitoring of the health, safety, and best
interest of the minor and compliance with any order of protective supervision entered in
accordance with Section 2-24.
(5) Whenever a parent, guardian, or legal custodian files a motion for
restoration of custody of the minor, and the minor was adjudicated
neglected, abused, or dependent as a result of physical abuse,
the court shall cause to be
made an investigation as to whether the movant has ever been charged
with or convicted of any criminal offense which would indicate the
likelihood of any further physical abuse to the minor. Evidence of such
criminal convictions shall be taken into account in determining whether the
minor can be cared for at home without endangering his or her health or safety
and fitness of the parent, guardian, or legal custodian.
(a) Any agency of this State or any subdivision
|
| thereof shall cooperate with the agent of the court in providing any information sought in the investigation.
|
|
(b) The information derived from the investigation
|
| and any conclusions or recommendations derived from the information shall be provided to the parent, guardian, or legal custodian seeking restoration of custody prior to the hearing on fitness and the movant shall have an opportunity at the hearing to refute the information or contest its significance.
|
|
(c) All information obtained from any investigation
|
| shall be confidential as provided in Section 5-150 of this Act.
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|
(Source: P.A. 102-193, eff. 7-30-21; 102-489, eff. 8-20-21; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23.)
(Text of Section from P.A. 103-171)
Sec. 2-28. Court review.
(1) The court may require any legal custodian or guardian of the person
appointed under this Act to report periodically to the court or may cite
him into court and require him or his agency to make a full and
accurate report of his or its doings in behalf of the minor. The
custodian or guardian, within 10 days after such citation, or earlier if the court determines it to be necessary to protect the health, safety, or welfare of the minor, 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 custodian or guardian and appoint
another in his stead or restore the minor to the custody of his parents
or former guardian or custodian. However, custody of the minor shall
not be restored to any parent, guardian, or legal custodian in any case
in which the minor is found to be neglected or abused under Section 2-3 or
dependent under Section 2-4 of this
Act, unless the minor can be cared for at home without endangering the
minor's health or safety and it is in the best interests of the minor, and
if such neglect,
abuse, or dependency is found by the court under paragraph (1)
of Section 2-21 of
this Act to have come about due to the acts or omissions or both of such
parent, guardian,
or legal custodian, until such time as an investigation is made as provided in
paragraph (5) and a hearing is held on the issue of the fitness of such parent,
guardian, or legal custodian to care for the minor and the court enters an order
that such parent, guardian, or legal custodian is fit to care for the minor.
(1.5) The public agency that is the custodian or guardian of the minor shall file a written report with the court no later than 15 days after a minor in the agency's care remains:
(1) in a shelter placement beyond 30 days;
(2) in a psychiatric hospital past the time when the
|
| minor is clinically ready for discharge or beyond medical necessity for the minor's health; or
|
|
(3) in a detention center or Department of Juvenile
|
| Justice facility solely because the public agency cannot find an appropriate placement for the minor.
|
|
The report shall explain the steps the agency is taking to ensure the minor is placed appropriately, how the minor's needs are being met in the minor's shelter placement, and if a future placement has been identified by the Department, why the anticipated placement is appropriate for the needs of the minor and the anticipated placement date.
(1.6) Within 30 days after placing a child in its care in a qualified residential treatment program, as defined by the federal Social Security Act, the Department of Children and Family Services shall prepare a written report for filing with the court and send copies of the report to all parties. Within 20 days of the filing of the report, or as soon thereafter as the court's schedule allows but not more than 60 days from the date of placement, the court shall hold a hearing to consider the Department's report and determine whether placement of the child in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment and if the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan for the child. The court shall approve or disapprove the placement. If applicable, the requirements of Sections 2-27.1 and 2-27.2 must also be met.
The Department's written report and the court's written determination shall be included in and made part of the case plan for the child. If the child remains placed in a qualified residential treatment program, the Department shall submit evidence at each status and permanency hearing:
(1) demonstrating that on-going assessment of the
|
| strengths and needs of the child continues to support the determination that the child's needs cannot be met through placement in a foster family home, that the placement provides the most effective and appropriate level of care for the child in the least restrictive, appropriate environment, and that the placement is consistent with the short-term and long-term permanency goal for the child, as specified in the permanency plan for the child;
|
|
(2) documenting the specific treatment or service
|
| needs that should be met for the child in the placement and the length of time the child is expected to need the treatment or services; and
|
|
(3) the efforts made by the agency to prepare the
|
| child to return home or to be placed with a fit and willing relative, a legal guardian, or an adoptive parent, or in a foster family home.
|
|
(2) The first permanency hearing shall be
conducted by the judge. Subsequent permanency hearings may be
heard by a judge or by hearing officers appointed or approved by the court in
the manner set forth in Section 2-28.1 of this Act.
The initial hearing shall be held (a) within 12 months from the date
temporary
custody was taken, regardless of whether an adjudication or dispositional hearing has been completed within that time frame, (b) if the parental rights of both parents have been
terminated in accordance with the procedure described in subsection (5) of
Section 2-21, within
30 days of the order for termination of parental rights and appointment of
a guardian with power to consent to adoption, or (c) in accordance with
subsection
(2) of Section 2-13.1. Subsequent permanency hearings
shall be held every 6 months
or more frequently if necessary in the court's determination following the
initial permanency hearing, in accordance with the standards set forth in this
Section, until the court determines that the plan and goal have been achieved.
Once the plan and goal have been achieved, if the minor remains in substitute
care, the case shall be reviewed at least every 6 months thereafter, subject to
the provisions of this Section, unless the minor is placed in the guardianship
of a suitable relative or other person and the court determines that further
monitoring by the court does not further the health, safety, or best interest of
the child and that this is a stable permanent placement.
The permanency hearings must occur within the time frames set forth in this
subsection and may not be delayed in anticipation of a report from any source or due to the agency's failure to timely file its written report (this
written report means the one required under the next paragraph and does not
mean the service plan also referred to in that paragraph).
The public agency that is the custodian or guardian of the minor, or another
agency responsible for the minor's care, shall ensure that all parties to the
permanency hearings are provided a copy of the most recent
service plan prepared within the prior 6 months
at least 14 days in advance of the hearing. If not contained in the agency's service plan, the
agency shall also include a report setting forth (i) any special
physical, psychological, educational, medical, emotional, or other needs of the
minor or his or her family that are relevant to a permanency or placement
determination and (ii) for any minor age 16 or over, a written description of
the programs and services that will enable the minor to prepare for independent
living. If not contained in the agency's service plan, the agency's report shall specify if a minor is placed in a licensed child care facility under a corrective plan by the Department due to concerns impacting the minor's safety and well-being. The report shall explain the steps the Department is taking to ensure the safety and well-being of the minor and that the minor's needs are met in the facility. The agency's written report must detail what progress or lack of
progress the parent has made in correcting the conditions requiring the child
to be in care; whether the child can be returned home without jeopardizing the
child's health, safety, and welfare, and if not, what permanency goal is
recommended to be in the best interests of the child, and why the other
permanency goals are not appropriate. The caseworker must appear and testify
at the permanency hearing. If a permanency hearing has not previously been
scheduled by the court, the moving party shall move for the setting of a
permanency hearing and the entry of an order within the time frames set forth
in this subsection.
At the permanency hearing, the court shall determine the future status
of the child. The court shall set one of the following permanency goals:
(A) The minor will be returned home by a specific
|
|
(B) The minor will be in short-term care with a
|
| continued goal to return home within a period not to exceed one year, where the progress of the parent or parents is substantial giving particular consideration to the age and individual needs of the minor.
|
|
(B-1) The minor will be in short-term care with a
|
| continued goal to return home pending a status hearing. When the court finds that a parent has not made reasonable efforts or reasonable progress to date, the court shall identify what actions the parent and the Department must take in order to justify a finding of reasonable efforts or reasonable progress and shall set a status hearing to be held not earlier than 9 months from the date of adjudication nor later than 11 months from the date of adjudication during which the parent's progress will again be reviewed.
|
|
(C) The minor will be in substitute care pending
|
| court determination on termination of parental rights.
|
|
(D) Adoption, provided that parental rights have been
|
| terminated or relinquished.
|
|
(E) The guardianship of the minor will be transferred
|
| to an individual or couple on a permanent basis provided that goals (A) through (D) have been deemed inappropriate and not in the child's best interests. The court shall confirm that the Department has discussed adoption, if appropriate, and guardianship with the caregiver prior to changing a goal to guardianship.
|
|
(F) The minor over age 15 will be in substitute care
|
| pending independence. In selecting this permanency goal, the Department of Children and Family Services may provide services to enable reunification and to strengthen the minor's connections with family, fictive kin, and other responsible adults, provided the services are in the minor's best interest. The services shall be documented in the service plan.
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(G) The minor will be in substitute care because he
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| or she cannot be provided for in a home environment due to developmental disabilities or mental illness or because he or she is a danger to self or others, provided that goals (A) through (D) have been deemed inappropriate and not in the child's best interests.
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In selecting any permanency goal, the court shall indicate in writing the
reasons the goal was selected and why the preceding goals were deemed inappropriate and not in the child's best interest.
Where the court has selected a permanency goal other than (A), (B), or (B-1),
the
Department of Children and Family Services shall not provide further
reunification services, except as provided in paragraph (F) of this subsection (2), but shall provide services
consistent with the goal
selected.
(H) Notwithstanding any other provision in this
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| Section, the court may select the goal of continuing foster care as a permanency goal if:
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(1) The Department of Children and Family
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| Services has custody and guardianship of the minor;
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(2) The court has deemed all other permanency
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| goals inappropriate based on the child's best interest;
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(3) The court has found compelling reasons, based
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| on written documentation reviewed by the court, to place the minor in continuing foster care. Compelling reasons include:
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(a) the child does not wish to be adopted or
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| to be placed in the guardianship of his or her relative or foster care placement;
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|
(b) the child exhibits an extreme level of
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| need such that the removal of the child from his or her placement would be detrimental to the child; or
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(c) the child who is the subject of the
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| permanency hearing has existing close and strong bonds with a sibling, and achievement of another permanency goal would substantially interfere with the subject child's sibling relationship, taking into consideration the nature and extent of the relationship, and whether ongoing contact is in the subject child's best interest, including long-term emotional interest, as compared with the legal and emotional benefit of permanence;
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(4) The child has lived with the relative
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| or foster parent for at least one year; and
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(5) The relative or foster parent
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| currently caring for the child is willing and capable of providing the child with a stable and permanent environment.
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The court shall set a
permanency
goal that is in the best interest of the child. In determining that goal, the court shall consult with the minor in an age-appropriate manner regarding the proposed permanency or transition plan for the minor. The court's determination
shall include the following factors:
(1) Age of the child.
(2) Options available for permanence, including both
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| out-of-state and in-state placement options.
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(3) Current placement of the child and the intent of
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| the family regarding adoption.
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|
(4) Emotional, physical, and mental status or
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|
(5) Types of services previously offered and whether
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| or not the services were successful and, if not successful, the reasons the services failed.
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(6) Availability of services currently needed and
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| whether the services exist.
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(7) Status of siblings of the minor.
The court shall consider (i) the permanency goal contained in the service
plan, (ii) the appropriateness of the
services contained in the plan and whether those services have been
provided, (iii) whether reasonable efforts have been made by all
the parties to the service plan to achieve the goal, and (iv) whether the plan
and goal have been achieved. All evidence
relevant to determining these questions, including oral and written reports,
may be admitted and may be relied on to the extent of their probative value.
The court shall make findings as to whether, in violation of Section 8.2 of the Abused and Neglected Child Reporting Act, any portion of the service plan compels a child or parent to engage in any activity or refrain from any activity that is not reasonably related to remedying a condition or conditions that gave rise or which could give rise to any finding of child abuse or neglect. The services contained in the service plan shall include services reasonably related to remedy the conditions that gave rise to removal of the child from the home of his or her parents, guardian, or legal custodian or that the court has found must be remedied prior to returning the child home. Any tasks the court requires of the parents, guardian, or legal custodian or child prior to returning the child home must be reasonably related to remedying a condition or conditions that gave rise to or which could give rise to any finding of child abuse or neglect.
If the permanency goal is to return home, the court shall make findings that identify any problems that are causing continued placement of the children away from the home and identify what outcomes would be considered a resolution to these problems. The court shall explain to the parents that these findings are based on the information that the court has at that time and may be revised, should additional evidence be presented to the court.
The court shall review the Sibling Contact Support Plan developed or modified under subsection (f) of Section 7.4 of the Children and Family Services Act, if applicable. If the Department has not convened a meeting to
develop or modify a Sibling Contact Support Plan, or if the court finds that the existing Plan
is not in the child's best interest, the court may enter an order requiring the Department to
develop, modify, or implement a Sibling Contact Support Plan, or order mediation.
If the goal has been achieved, the court shall enter orders that are
necessary to conform the minor's legal custody and status to those findings.
If, after receiving evidence, the court determines that the services
contained in the plan are not reasonably calculated to facilitate achievement
of the permanency goal, the court shall put in writing the factual basis
supporting the determination and enter specific findings based on the evidence.
The court also shall enter an order for the Department to develop and
implement a new service plan or to implement changes to the current service
plan consistent with the court's findings. The new service plan shall be filed
with the court and served on all parties within 45 days of the date of the
order. The court shall continue the matter until the new service plan is
filed. Except as authorized by subsection (2.5) of this Section and as otherwise specifically authorized by law, the court is not empowered under this Section to order specific placements, specific services, or specific service providers to be included in the service plan.
A guardian or custodian appointed by the court pursuant to this Act shall
file updated case plans with the court every 6 months.
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.
(2.5) If, after reviewing the evidence, including evidence from the Department, the court determines that the minor's current or planned placement is not necessary or appropriate to facilitate achievement of the permanency goal, the court shall put in writing the factual basis supporting its determination and enter specific findings based on the evidence. If the court finds that the minor's current or planned placement is not necessary or appropriate, the court may enter an order directing the Department to implement a recommendation by the minor's treating clinician or a clinician contracted by the Department to evaluate the minor or a recommendation made by the Department. If the Department places a minor in a placement under an order entered under this subsection (2.5), the Department has the authority to remove the minor from that placement when a change in circumstances necessitates the removal to protect the minor's health, safety, and best interest. If the Department determines removal is necessary, the Department shall notify the parties of the planned placement change in writing no later than 10 days prior to the implementation of its determination unless remaining in the placement poses an imminent risk of harm to the minor, in which case the Department shall notify the parties of the placement change in writing immediately following the implementation of its decision. The Department shall notify others of the decision to change the minor's placement as required by Department rule.
(3) Following the permanency hearing, the court shall enter a written order
that includes the determinations required under subsection (2) of this
Section and sets forth the following:
(a) The future status of the minor, including the
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| permanency goal, and any order necessary to conform the minor's legal custody and status to such determination; or
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(b) If the permanency goal of the minor cannot be
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| achieved immediately, the specific reasons for continuing the minor in the care of the Department of Children and Family Services or other agency for short-term placement, and the following determinations:
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|
(i) (Blank).
(ii) Whether the services required by the court
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| and by any service plan prepared within the prior 6 months have been provided and (A) if so, whether the services were reasonably calculated to facilitate the achievement of the permanency goal or (B) if not provided, why the services were not provided.
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|
(iii) Whether the minor's current or planned
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| placement is necessary, and appropriate to the plan and goal, recognizing the right of minors to the least restrictive (most family-like) setting available and in close proximity to the parents' home consistent with the health, safety, best interest, and special needs of the minor and, if the minor is placed out-of-state, whether the out-of-state placement continues to be appropriate and consistent with the health, safety, and best interest of the minor.
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(iv) (Blank).
(v) (Blank).
(4) 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 parents or former guardian or custodian.
When return home is not selected as the permanency goal:
(a) The Department, the minor, or the current foster
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| parent or relative caregiver seeking private guardianship may file a motion for private guardianship of the minor. Appointment of a guardian under this Section requires approval of the court.
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|
(b) The State's Attorney may file a motion to
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| terminate parental rights of any parent who has failed to make reasonable efforts to correct the conditions which led to the removal of the child or reasonable progress toward the return of the child, as defined in subdivision (D)(m) of Section 1 of the Adoption Act or for whom any other unfitness ground for terminating parental rights as defined in subdivision (D) of Section 1 of the Adoption Act exists.
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When parental rights have been terminated for a
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| minimum of 3 years and the child who is the subject of the permanency hearing is 13 years old or older and is not currently placed in a placement likely to achieve permanency, the Department of Children and Family Services shall make reasonable efforts to locate parents whose rights have been terminated, except when the Court determines that those efforts would be futile or inconsistent with the subject child's best interests. The Department of Children and Family Services shall assess the appropriateness of the parent whose rights have been terminated, and shall, as appropriate, foster and support connections between the parent whose rights have been terminated and the youth. The Department of Children and Family Services shall document its determinations and 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, guardian, or legal
custodian in any case in which the minor is found to be neglected or abused
under Section 2-3 or dependent under Section 2-4 of this Act, unless the
minor can be cared for at home
without endangering his or her health or safety and it is in the best
interest of the minor,
and if such neglect, abuse, or dependency is found by the court
under paragraph (1) of Section 2-21 of this Act to have come
about due to the acts or omissions or both of such parent, guardian, or legal
custodian, until such time as an investigation is made as provided in
paragraph (5) and a hearing is held on the issue of the health,
safety, and
best interest of the minor and the fitness of such
parent, guardian, or legal custodian to care for the minor and the court
enters an order that such parent, guardian, or legal custodian is fit to
care for the minor. If a motion is filed to modify or
vacate a private guardianship order and return the child to a parent, guardian, or legal custodian, the
court may order the Department of Children and Family Services to assess the minor's current and
proposed living arrangements and to provide ongoing monitoring of the health, safety, and best interest
of the minor during the pendency of the motion to assist the court in making that determination. In the event that the minor has attained 18 years
of age and the guardian or custodian petitions the court for an order
terminating his guardianship or custody, guardianship or custody shall
terminate automatically 30 days after the receipt of the petition unless
the court orders otherwise. No legal custodian or guardian of the
person may be removed without his consent until given notice and an
opportunity to be heard by the court.
When the court orders a child restored to the custody of the parent or
parents, the court shall order the parent or parents to cooperate with the
Department of Children and Family Services and comply with the terms of an
after-care plan, or risk the loss of custody of the child and possible
termination of their parental rights. The court may also enter an order of
protective supervision in accordance with Section 2-24.
If the minor is being restored to the custody of a parent, legal custodian, or guardian who lives
outside of Illinois, and an Interstate Compact has been requested and refused, the court may order the
Department of Children and Family Services to arrange for an assessment of the minor's
proposed living arrangement and for ongoing monitoring of the health, safety, and best
interest of the minor and compliance with any order of protective supervision entered in
accordance with Section 2-24.
(5) Whenever a parent, guardian, or legal custodian files a motion for
restoration of custody of the minor, and the minor was adjudicated
neglected, abused, or dependent as a result of physical abuse,
the court shall cause to be
made an investigation as to whether the movant has ever been charged
with or convicted of any criminal offense which would indicate the
likelihood of any further physical abuse to the minor. Evidence of such
criminal convictions shall be taken into account in determining whether the
minor can be cared for at home without endangering his or her health or safety
and fitness of the parent, guardian, or legal custodian.
(a) Any agency of this State or any subdivision
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| thereof shall cooperate with the agent of the court in providing any information sought in the investigation.
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|
(b) The information derived from the investigation
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| and any conclusions or recommendations derived from the information shall be provided to the parent, guardian, or legal custodian seeking restoration of custody prior to the hearing on fitness and the movant shall have an opportunity at the hearing to refute the information or contest its significance.
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|
(c) All information obtained from any investigation
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| shall be confidential as provided in Section 5-150 of this Act.
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(Source: P.A. 102-193, eff. 7-30-21; 102-489, eff. 8-20-21; 102-813, eff. 5-13-22; 103-171, eff. 1-1-24.)
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