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90_HB0058
705 ILCS 405/2-10.1 from Ch. 37, par. 802-10.1
705 ILCS 405/2-22 from Ch. 37, par. 802-22
Amends the Juvenile Court Act of 1987. Provides that in
cases involving an abused, neglected, or dependent minor
placed in shelter care or subject to a dispositional hearing,
the court shall consider all relevant factors in determining
the best interest of the minor. Provides that no single
factor shall be allowed to outweigh all other factors in
analyzing the best interest of the minor. Includes factors
to be considered in the court's determination of the best
interest of the minor. Effective immediately.
LRB9000706DJcd
LRB9000706DJcd
1 AN ACT to amend the Juvenile Court Act of 1987 by
2 changing Sections 2-10.1 and 2-22.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Juvenile Court Act of 1987 is amended by
6 changing Sections 2-10.1 and 2-22 as follows:
7 (705 ILCS 405/2-10.1) (from Ch. 37, par. 802-10.1)
8 Sec. 2-10.1. Whenever a minor is placed in shelter care
9 with the Department or a licensed child welfare agency in
10 accordance with Section 2-10, the Department or agency, as
11 appropriate, shall prepare and file with the court within 45
12 days of placement under Section 2-10 a case plan which
13 complies with the federal Adoption Assistance and Child
14 Welfare Act of 1980 and is in the best interests of the
15 minor. In its determination of the best interest of the
16 minor, the court shall consider all relevant factors. No
17 single factor shall be allowed to outweigh all others in
18 analyzing the best interest of the minor.
19 The court's determination of the best interest of the
20 minor shall include consideration of the following factors:
21 (1) The wishes of the minor as to his or her
22 custodian.
23 (2) The interaction and interrelationship of the
24 minor with his or her parent or parents, siblings, and
25 any other person who may significantly affect the minor's
26 best interest.
27 (3) The minor's adjustment to his or her home,
28 school, and community.
29 (4) The mental and physical health of all
30 individuals involved.
31 (5) Addiction as defined under the Alcoholism and
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1 Other Drug Abuse and Dependency Act.
2 (6) Physical abuse or threat of physical abuse by
3 one parent against the minor or against the other parent.
4 (7) The wishes of the parent.
5 (8) Promotion of social, cognitive, emotional, and
6 physical well-being.
7 (9) Minimization of exposure to danger, abuse,
8 neglect, and family conflict.
9 (10) Provision of proper home and parental
10 relationship.
11 (Source: P.A. 88-487.)
12 (705 ILCS 405/2-22) (from Ch. 37, par. 802-22)
13 Sec. 2-22. Dispositional hearing; evidence; continuance.
14 (1) At the dispositional hearing, the court shall
15 determine whether it is in the best interests of the minor
16 and the public that he be made a ward of the court, and, if
17 he is to be made a ward of the court, the court shall
18 determine the proper disposition best serving the interests
19 of the minor and the public. In its determination of the best
20 interest of the minor, the court shall consider all relevant
21 factors. No single factor shall be allowed to outweigh all
22 others in analyzing the best interest of the minor.
23 The court's determination of the best interest of the
24 minor shall include consideration of the following factors:
25 (1) The wishes of the minor as to his or her
26 custodian.
27 (2) The interaction and interrelationship of the
28 minor with his or her parents, siblings, and any other
29 person who may significantly affect the minor's best
30 interest.
31 (3) The minor's adjustment to his or her home,
32 school, and community.
33 (4) The mental and physical health of all
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1 individuals involved.
2 (5) Addiction as defined under the Alcoholism and
3 Other Drug Abuse and Dependency Act.
4 (6) Physical abuse or threat of physical abuse by
5 one parent against the minor or against the other parent.
6 (7) The wishes of the parent.
7 (8) Promotion of social, cognitive, emotional, and
8 physical well-being.
9 (9) Minimization of exposure to danger, abuse,
10 neglect, and family conflict.
11 (10) Provision of proper home and parental
12 relationship.
13 The court also shall consider the permanency goal set for
14 the minor, the nature of the service plan for the minor and
15 the services delivered and to be delivered under the plan.
16 All evidence helpful in determining these questions,
17 including oral and written reports, may be admitted and may
18 be relied upon to the extent of its probative value, even
19 though not competent for the purposes of the adjudicatory
20 hearing.
21 (2) Notice in compliance with Sections 2-15 and 2-16
22 must be given to all parties-respondent prior to proceeding
23 to a dispositional hearing. Before making an order of
24 disposition the court shall advise the State's Attorney, the
25 parents, guardian, custodian or responsible relative or their
26 counsel of the factual contents and the conclusions of the
27 reports prepared for the use of the court and considered by
28 it, and afford fair opportunity, if requested, to controvert
29 them. The court may order, however, that the documents
30 containing such reports need not be submitted to inspection,
31 or that sources of confidential information need not be
32 disclosed except to the attorneys for the parties. Factual
33 contents, conclusions, documents and sources disclosed by the
34 court under this paragraph shall not be further disclosed
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1 without the express approval of the court pursuant to an in
2 camera hearing.
3 (3) A record of a prior continuance under supervision
4 under Section 2-20, whether successfully completed or not, is
5 admissible at the dispositional hearing.
6 (4) On its own motion or that of the State's Attorney, a
7 parent, guardian, custodian, responsible relative or counsel,
8 the court may adjourn the hearing for a reasonable period to
9 receive reports or other evidence, if the adjournment is in
10 the best interests of the minor, but in no event shall
11 continuances be granted so that the dispositional hearing
12 occurs more than 12 months after the initial removal of a
13 minor from his or her home. In scheduling investigations and
14 hearings, the court shall give priority to proceedings in
15 which a minor has been removed from his or her home before an
16 order of disposition has been made.
17 (5) Unless already set by the court, at the conclusion
18 of the dispositional hearing, the court shall set the date
19 for the first permanency hearing, to be conducted under
20 subsection (2) of Section 2-28, which shall be held no later
21 than 16 months after the minor is taken into temporary
22 custody.
23 (Source: P.A. 88-7; 88-487; 88-670, eff. 12-2-94; 89-17, eff.
24 5-31-95.)
25 Section 99. Effective date. This Act takes effect upon
26 becoming law.