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90_HB0060
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, in determining the best interest of the minor,
shall consider all relevant factors that materially promote
the welfare of the minor, including evidence of home
conditions not financially related, school performance,
attachment to household members, and the detrimental effect
due to a change in a caretaker. Effective immediately.
LRB9000705DJcd
LRB9000705DJcd
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 that
17 materially promote the welfare of the minor, including
18 evidence of home conditions (non-financially related), school
19 performance, attachment to household members, and the
20 detrimental effect due to a change in caretaker, such as
21 instability or an adverse effect on the minor, unless there
22 is evidence of gross misconduct (including repeated episodes
23 of misconduct or repeated failure to protect the minor from
24 injury or harm caused by the caretaker or others) or the lack
25 of capacity for proper care despite intervention attempts to
26 preserve or reunify the family.
27 (Source: P.A. 88-487.)
28 (705 ILCS 405/2-22) (from Ch. 37, par. 802-22)
29 Sec. 2-22. Dispositional hearing; evidence; continuance.
30 (1) At the dispositional hearing, the court shall
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1 determine whether it is in the best interests of the minor
2 and the public that he be made a ward of the court, and, if
3 he is to be made a ward of the court, the court shall
4 determine the proper disposition best serving the interests
5 of the minor and the public. In its determination of the best
6 interest of the minor, the court shall consider all relevant
7 factors that materially promote the welfare of the minor,
8 including evidence of home conditions (non-financially
9 related), school performance, attachment to household
10 members, and the detrimental effect due to a change in
11 caretaker, such as instability or an adverse effect on the
12 minor, unless there is evidence of gross misconduct
13 (including repeated episodes of misconduct or repeated
14 failure to protect the minor from injury or harm caused by
15 the caretaker or others) or the lack of capacity for proper
16 care despite intervention attempts to preserve or reunify the
17 family. The court also shall consider the permanency goal set
18 for the minor, the nature of the service plan for the minor
19 and the services delivered and to be delivered under the
20 plan. All evidence helpful in determining these questions,
21 including oral and written reports, may be admitted and may
22 be relied upon to the extent of its probative value, even
23 though not competent for the purposes of the adjudicatory
24 hearing.
25 (2) Notice in compliance with Sections 2-15 and 2-16
26 must be given to all parties-respondent prior to proceeding
27 to a dispositional hearing. Before making an order of
28 disposition the court shall advise the State's Attorney, the
29 parents, guardian, custodian or responsible relative or their
30 counsel of the factual contents and the conclusions of the
31 reports prepared for the use of the court and considered by
32 it, and afford fair opportunity, if requested, to controvert
33 them. The court may order, however, that the documents
34 containing such reports need not be submitted to inspection,
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1 or that sources of confidential information need not be
2 disclosed except to the attorneys for the parties. Factual
3 contents, conclusions, documents and sources disclosed by the
4 court under this paragraph shall not be further disclosed
5 without the express approval of the court pursuant to an in
6 camera hearing.
7 (3) A record of a prior continuance under supervision
8 under Section 2-20, whether successfully completed or not, is
9 admissible at the dispositional hearing.
10 (4) On its own motion or that of the State's Attorney, a
11 parent, guardian, custodian, responsible relative or counsel,
12 the court may adjourn the hearing for a reasonable period to
13 receive reports or other evidence, if the adjournment is in
14 the best interests of the minor, but in no event shall
15 continuances be granted so that the dispositional hearing
16 occurs more than 12 months after the initial removal of a
17 minor from his or her home. In scheduling investigations and
18 hearings, the court shall give priority to proceedings in
19 which a minor has been removed from his or her home before an
20 order of disposition has been made.
21 (5) Unless already set by the court, at the conclusion
22 of the dispositional hearing, the court shall set the date
23 for the first permanency hearing, to be conducted under
24 subsection (2) of Section 2-28, which shall be held no later
25 than 16 months after the minor is taken into temporary
26 custody.
27 (Source: P.A. 88-7; 88-487; 88-670, eff. 12-2-94; 89-17, eff.
28 5-31-95.)
29 Section 99. Effective date. This Act takes effect upon
30 becoming law.