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90_HB0066enr
325 ILCS 5/4.3 new
325 ILCS 40/3 from Ch. 23, par. 2253
Amends the Abused and Neglected Child Reporting Act to
require the Department of Children and Family Services to
report the disappearance of children under its custody or
guardianship. Amends the Intergovernmental Missing Child
Recovery Act of 1984 to specify that the local I SEARCH unit
may coordinate the tracking and recovery of those children.
Also requires an annual report indicating the number of such
children reported missing and the number recovered.
Effective immediately.
LRB9000715LDdv
HB0066 Enrolled LRB9000715LDdv
1 AN ACT concerning children.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Children and Family Services Act is
5 amended, if and only if the provisions of House Bill 165 of
6 the 90th General Assembly that are changed by this amendatory
7 Act of 1997 become law, by changing Sections 5 and 7 and
8 adding Section 6c as follows:
9 (20 ILCS 505/5) (from Ch. 23, par. 5005)
10 (Text of Section before amendment by P.A. 89-507)
11 Sec. 5. To provide direct child welfare services when
12 not available through other public or private child care or
13 program facilities.
14 (a) For purposes of this Section:
15 (1) "Children" means persons found within the State
16 who are under the age of 18 years. The term also
17 includes persons under age 19 who:
18 (A) were committed to the Department pursuant
19 to the Juvenile Court Act or the Juvenile Court Act
20 of 1987, as amended, prior to the age of 18 and who
21 continue under the jurisdiction of the court; or
22 (B) were accepted for care, service and
23 training by the Department prior to the age of 18
24 and whose best interest in the discretion of the
25 Department would be served by continuing that care,
26 service and training because of severe emotional
27 disturbances, physical disability, social adjustment
28 or any combination thereof, or because of the need
29 to complete an educational or vocational training
30 program.
31 (2) "Homeless youth" means persons found within the
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1 State who are under the age of 19, are not in a safe and
2 stable living situation and cannot be reunited with their
3 families.
4 (3) "Child welfare services" means public social
5 services which are directed toward the accomplishment of
6 the following purposes:
7 (A) protecting and promoting the welfare of
8 children, including homeless, dependent or neglected
9 children;
10 (B) preventing or remedying, or assisting in
11 the solution of problems which may result in, the
12 neglect, abuse, exploitation or delinquency of
13 children;
14 (C) preventing the unnecessary separation of
15 children from their families by identifying family
16 problems, assisting families in resolving their
17 problems, and preventing the breakup of the family
18 where the prevention of child removal is desirable
19 and possible;
20 (D) restoring to their families children who
21 have been removed, by the provision of services to
22 the child and the families;
23 (E) placing children in suitable adoptive
24 homes, in cases where restoration to the biological
25 family is not possible or appropriate;
26 (F) assuring adequate care of children away
27 from their homes, in cases where the child cannot be
28 returned home or cannot be placed for adoption;
29 (G) providing supportive services and living
30 maintenance which contribute to the physical,
31 emotional and social well-being of children who are
32 pregnant and unmarried;
33 (H) providing shelter and independent living
34 services for homeless youth; and
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1 (I) placing and maintaining children in
2 facilities that provide separate living quarters for
3 children under the age of 18 and for children 18
4 years of age and older, unless a child 18 years of
5 age is in the last year of high school education or
6 vocational training, in an approved individual or
7 group treatment program, or in a licensed shelter
8 facility. The Department is not required to place or
9 maintain children:
10 (i) who are in a foster home, or
11 (ii) who are persons with a developmental
12 disability, as defined in the Mental Health and
13 Developmental Disabilities Code, or
14 (iii) who are female children who are
15 pregnant, pregnant and parenting or parenting,
16 or
17 (iv) who are siblings,
18 in facilities that provide separate living quarters
19 for children 18 years of age and older and for
20 children under 18 years of age.
21 (b) Nothing in this Section shall be construed to
22 authorize the expenditure of public funds for the purpose of
23 performing abortions.
24 (c) The Department shall establish and maintain
25 tax-supported child welfare services and extend and seek to
26 improve voluntary services throughout the State, to the end
27 that services and care shall be available on an equal basis
28 throughout the State to children requiring such services.
29 (d) The Director may authorize advance disbursements for
30 any new program initiative to any agency contracting with the
31 Department. As a prerequisite for an advance disbursement,
32 the contractor must post a surety bond in the amount of the
33 advance disbursement and have a purchase of service contract
34 approved by the Department. The Department may pay up to 2
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1 months operational expenses in advance. The amount of the
2 advance disbursement shall be prorated over the life of the
3 contract or the remaining months of the fiscal year,
4 whichever is less, and the installment amount shall then be
5 deducted from future bills. Advance disbursement
6 authorizations for new initiatives shall not be made to any
7 agency after that agency has operated during 2 consecutive
8 fiscal years. The requirements of this Section concerning
9 advance disbursements shall not apply with respect to the
10 following: payments to local public agencies for child day
11 care services as authorized by Section 5a of this Act; and
12 youth service programs receiving grant funds under Section
13 17a-4.
14 (e) For the purpose of insuring effective state-wide
15 planning, development, and utilization of resources for the
16 day care of children, operated under various auspices, the
17 Department is hereby designated to coordinate all day care
18 activities for children of the State and shall:
19 (1) Develop on or before December 1, 1977, and
20 update every year thereafter, a state comprehensive
21 day-care plan for submission to the Governor which
22 identifies high-priority areas and groups, relating them
23 to available resources, and identifying the most
24 effective approaches to the use of existing day care
25 services. The State comprehensive day-care plan shall be
26 made available to the General Assembly following the
27 Governor's approval of the plan.
28 The plan shall include methods and procedures for
29 the development of additional day care resources for
30 children to meet the goal of reducing short-run and
31 long-run dependency and to provide necessary enrichment
32 and stimulation to the education of young children.
33 Recommendation shall be made for State policy on optimum
34 use of private and public, local, state and federal
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1 resources, including an estimate of the resources needed
2 for the licensing and regulation of day care facilities.
3 A written report shall be submitted to the Governor
4 and the General Assembly, annually, on April 15, and
5 shall include an evaluation of developments over the
6 preceding fiscal year, including cost-benefit analyses of
7 various arrangements. Beginning with the report in 1990
8 and every 2 years thereafter, the report shall also
9 include the following:
10 (A) An assessment of the child care services,
11 needs and available resources throughout the State
12 and an assessment of the adequacy of existing child
13 care services, including, but not limited to,
14 services assisted under this Act and under any other
15 program administered by other State agencies.
16 (B) A survey of day care facilities to
17 determine the number of qualified caregivers, as
18 defined by rule, attracted to vacant positions and
19 any problems encountered by facilities in attracting
20 and retaining capable caregivers.
21 (C) The average wages and salaries and fringe
22 benefit packages paid to caregivers throughout the
23 State, computed on a regional basis.
24 (D) The qualifications of new caregivers hired
25 at licensed day care facilities during the previous
26 2 year period.
27 (E) Recommendations for increasing caregiver
28 wages and salaries to insure quality care for
29 children.
30 (F) Evaluation of the fee structure and income
31 eligibility for child care subsidized by the State.
32 The requirement for reporting to the General
33 Assembly shall be satisfied by filing copies of the
34 report with the Speaker, the Minority Leader and the
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1 Clerk of the House of Representatives and the President,
2 the Minority Leader and the Secretary of the Senate and
3 the Legislative Research Unit, as required by Section 3.1
4 of the General Assembly Organization Act, and filing such
5 additional copies with the State Government Report
6 Distribution Center for the General Assembly as is
7 required under paragraph (t) of Section 7 of the State
8 Library Act.
9 (2) Establish policies and procedures for
10 developing and implementing interagency agreements with
11 other agencies of the State providing child care services
12 or reimbursement for such services.
13 (3) In cooperation with other State agencies,
14 develop and implement a resource and referral system for
15 the State of Illinois either within the Department or by
16 contract with local or regional agencies. Funding for
17 implementation of this system may be provided through
18 Department appropriations or other inter-agency funding
19 arrangements. The resource and referral system shall
20 provide at least the following services:
21 (A) assembling and maintaining a data base on
22 the supply of child care services;
23 (B) providing information and referrals for
24 parents;
25 (C) coordinating the development of new child
26 care resources;
27 (D) providing technical assistance and
28 training to child care service providers; and
29 (E) recording and analyzing the demand for
30 child care services.
31 The Department shall complete implementation of this
32 resource and referral system in all regions of the State
33 by January 1, 1992.
34 (4) Conduct day care planning activities with the
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1 following priorities:
2 (A) development of voluntary day care
3 resources wherever possible, with the provision for
4 grants-in-aid only where demonstrated to be useful
5 and necessary as incentives or supports;
6 (B) emphasis on service to children of
7 recipients of public assistance where such service
8 will allow training or employment of the parent
9 toward achieving the goal of independence;
10 (C) maximum employment of recipients of public
11 assistance in day care centers and day care homes,
12 operated in conjunction with short-term work
13 training programs;
14 (D) care of children from families in stress
15 and crises whose members potentially may become, or
16 are in danger of becoming, non-productive and
17 dependent;
18 (E) expansion of family day care facilities
19 wherever possible;
20 (F) location of centers in economically
21 depressed neighborhoods, preferably in multi-service
22 centers with cooperation of other agencies;
23 (G) use of existing facilities free of charge
24 or for reasonable rental wherever possible in lieu
25 of construction;
26 (H) development of strategies for assuring a
27 more complete range of day care options, including
28 provision of day care services in homes, in schools
29 or in centers, which will enable a parent or parents
30 to complete a course of education or obtain or
31 maintain employment.
32 Emphasis shall be given to support services which
33 will help to ensure such parents' graduation from high
34 school and to services for participants in the Project
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1 Chance program of job training conducted by the Illinois
2 Department of Public Aid.
3 (5) Actively stimulate the development of public
4 and private resources at the local level. It shall also
5 seek the fullest utilization of federal funds directly or
6 indirectly available to the Department.
7 Where appropriate, existing non-governmental agencies or
8 associations shall be involved in planning by the Department.
9 (f) The Department, pursuant to a contract with the
10 Illinois Department of Public Aid, may provide child care
11 services to former recipients of assistance under The
12 Illinois Public Aid Code as authorized by Section 9-6.3 of
13 that Code.
14 (g) The Department shall establish rules and regulations
15 concerning its operation of programs designed to meet the
16 goals of child protection, family preservation, family
17 reunification, adoption and youth development, including but
18 not limited to:
19 (1) adoption;
20 (2) foster care;
21 (3) family counseling;
22 (4) protective services;
23 (5) service to unwed mothers;
24 (6) homemaker service;
25 (7) return of runaway children;
26 (8) independent living skills and shelter for
27 homeless youth;
28 (9) placement under Section 5-7 of the Juvenile
29 Court Act or Section 2-27, 3-28, 4-25 or 5-29 of the
30 Juvenile Court Act of 1987 in accordance with the federal
31 Adoption Assistance and Child Welfare Act of 1980; and
32 (10) interstate services.
33 Rules and regulations established by the Department shall
34 include provisions for training Department staff and the
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1 staff of Department grantees, through contracts with other
2 agencies or resources, in alcohol and drug abuse screening
3 techniques to identify children and adults who should be
4 referred to an alcohol and drug abuse treatment program for
5 professional evaluation.
6 (h) If the Department finds that there is no appropriate
7 program or facility within or available to the Department for
8 a ward and that no licensed private facility has an adequate
9 and appropriate program or none agrees to accept the ward,
10 the Department shall create an appropriate individualized,
11 program-oriented plan for such ward. The plan may be
12 developed within the Department or through purchase of
13 services by the Department to the extent that it is within
14 its statutory authority to do.
15 (i) Service programs shall be available throughout the
16 State and shall include but not be limited to the following
17 services:
18 (1) case management;
19 (2) homemakers;
20 (3) counseling;
21 (4) parent education;
22 (5) day care; and
23 (6) emergency assistance and advocacy.
24 In addition, the following services may be made available
25 to assess and meet the needs of children and families:
26 (1) comprehensive family-based services;
27 (2) assessments;
28 (3) respite care; and
29 (4) in-home health services.
30 The Department shall provide transportation for any of
31 the services it makes available to children or families or
32 for which it refers children or families.
33 (j) The Department may provide financial assistance, and
34 shall establish rules and regulations concerning such
HB0066 Enrolled -10- LRB9000715LDdv
1 assistance, to persons who adopt physically or mentally
2 handicapped, older and other hard-to-place children who
3 immediately prior to their adoption were legal wards of the
4 Department. The Department may also provide financial
5 assistance, and shall establish rules and regulations for
6 such assistance, to persons appointed guardian of the person
7 under Section 5-7 of the Juvenile Court Act or Section 2-27,
8 3-28, 4-25 or 5-29 of the Juvenile Court Act of 1987 for
9 children who were wards of the Department for 12 months
10 immediately prior to the appointment of the successor
11 guardian and for whom the Department has set a goal of
12 permanent family placement with a foster family.
13 The amount of assistance may vary, depending upon the
14 needs of the child and the adoptive parents, but must be at
15 least $25 less than the monthly cost of care of the child in
16 a foster home, as set forth in the annual assistance
17 agreement. Special purpose grants are allowed where the
18 child requires special service but such costs may not exceed
19 the amounts which similar services would cost the Department
20 if it were to provide or secure them as guardian of the
21 child.
22 Any financial assistance provided under this subsection
23 is inalienable by assignment, sale, execution, attachment,
24 garnishment, or any other remedy for recovery or collection
25 of a judgment or debt.
26 (k) The Department shall accept for care and training
27 any child who has been adjudicated neglected or abused, or
28 dependent committed to it pursuant to the Juvenile Court Act
29 or the Juvenile Court Act of 1987.
30 (l) Before July 1, 2000, the Department may provide, and
31 beginning July 1, 2000, the Department shall provide, family
32 preservation services, as determined to be appropriate and in
33 the child's best interests and when the child will not be in
34 imminent risk of harm, to any family whose child has been
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1 placed in substitute care, any persons who have adopted a
2 child and require post-adoption services, or any persons
3 whose child or children are at risk of being placed outside
4 their home as documented by an "indicated" report of
5 suspected child abuse or neglect determined pursuant to the
6 Abused and Neglected Child Reporting Act. Nothing in this
7 paragraph shall be construed to create a private right of
8 action or claim on the part of any individual or child
9 welfare agency.
10 The Department shall notify the child and his family of
11 the Department's responsibility to offer and provide family
12 preservation services as identified in the service plan. The
13 child and his family shall be eligible for services as soon
14 as the report is determined to be "indicated". The
15 Department may offer services to any child or family with
16 respect to whom a report of suspected child abuse or neglect
17 has been filed, prior to concluding its investigation under
18 Section 7.12 of the Abused and Neglected Child Reporting Act.
19 However, the child's or family's willingness to accept
20 services shall not be considered in the investigation. The
21 Department may also provide services to any child or family
22 who is the subject of any report of suspected child abuse or
23 neglect or may refer such child or family to services
24 available from other agencies in the community, even if the
25 report is determined to be unfounded, if the conditions in
26 the child's or family's home are reasonably likely to subject
27 the child or family to future reports of suspected child
28 abuse or neglect. Acceptance of such services shall be
29 voluntary.
30 The Department may, at its discretion except for those
31 children also adjudicated neglected or dependent, accept for
32 care and training any child who has been adjudicated
33 addicted, as a truant minor in need of supervision or as a
34 minor requiring authoritative intervention, under the
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1 Juvenile Court Act or the Juvenile Court Act of 1987, but no
2 such child shall be committed to the Department by any court
3 without the approval of the Department. A minor charged with
4 a criminal offense under the Criminal Code of 1961 or
5 adjudicated delinquent shall not be placed in the custody of
6 or committed to the Department by any court, except a minor
7 less than 13 years of age committed to the Department under
8 Section 5-23 of the Juvenile Court Act of 1987.
9 (m) The Department may assume temporary custody of any
10 child if:
11 (1) it has received a written consent to such
12 temporary custody signed by the parents of the child or
13 by the parent having custody of the child if the parents
14 are not living together or by the guardian or custodian
15 of the child if the child is not in the custody of either
16 parent, or
17 (2) the child is found in the State and neither a
18 parent, guardian nor custodian of the child can be
19 located.
20 If the child is found in his or her residence without a
21 parent, guardian, custodian or responsible caretaker, the
22 Department may, instead of removing the child and assuming
23 temporary custody, place an authorized representative of the
24 Department in that residence until such time as a parent,
25 guardian or custodian enters the home and expresses a
26 willingness and apparent ability to resume permanent charge
27 of the child, or until a relative enters the home and is
28 willing and able to assume charge of the child until a
29 parent, guardian or custodian enters the home and expresses
30 such willingness and ability to resume permanent charge.
31 After a caretaker has remained in the home for a period not
32 to exceed 12 hours, the Department must follow those
33 procedures outlined in Section 2-9, 3-11, 4-8 or 5-9 of the
34 Juvenile Court Act of 1987.
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1 The Department shall have the authority, responsibilities
2 and duties that a legal custodian of the child would have
3 pursuant to subsection (9) of Section 1-3 of the Juvenile
4 Court Act of 1987. Whenever a child is taken into temporary
5 custody pursuant to an investigation under the Abused and
6 Neglected Child Reporting Act, or pursuant to a referral and
7 acceptance under the Juvenile Court Act of 1987 of a minor in
8 limited custody, the Department, during the period of
9 temporary custody and before the child is brought before a
10 judicial officer as required by Section 2-9, 3-11, 4-8 or 5-9
11 of the Juvenile Court Act of 1987, shall have the authority,
12 responsibilities and duties that a legal custodian of the
13 child would have under subsection (9) of Section 1-3 of the
14 Juvenile Court Act of 1987.
15 The Department shall ensure that any child taken into
16 custody is scheduled for an appointment for a medical
17 examination.
18 A parent, guardian or custodian of a child in the
19 temporary custody of the Department who would have custody of
20 the child if he were not in the temporary custody of the
21 Department may deliver to the Department a signed request
22 that the Department surrender the temporary custody of the
23 child. The Department may retain temporary custody of the
24 child for 10 days after the receipt of the request, during
25 which period the Department may cause to be filed a petition
26 pursuant to the Juvenile Court Act of 1987. If a petition is
27 so filed, the Department shall retain temporary custody of
28 the child until the court orders otherwise. If a petition is
29 not filed within the 10 day period, the child shall be
30 surrendered to the custody of the requesting parent, guardian
31 or custodian not later than the expiration of the 10 day
32 period, at which time the authority and duties of the
33 Department with respect to the temporary custody of the child
34 shall terminate.
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1 (n) The Department may place children under 18 years of
2 age in licensed child care facilities when in the opinion of
3 the Department, appropriate services aimed at family
4 preservation have been unsuccessful or unavailable and such
5 placement would be for their best interest. Payment for
6 board, clothing, care, training and supervision of any child
7 placed in a licensed child care facility may be made by the
8 Department, by the parents or guardians of the estates of
9 those children, or by both the Department and the parents or
10 guardians, except that no payments shall be made by the
11 Department for any child placed in a licensed child care
12 facility for board, clothing, care, training and supervision
13 of such a child that exceed the average per capita cost of
14 maintaining and of caring for a child in institutions for
15 dependent or neglected children operated by the Department.
16 However, such restriction on payments does not apply in cases
17 where children require specialized care and treatment for
18 problems of severe emotional disturbance, physical
19 disability, social adjustment, or any combination thereof and
20 suitable facilities for the placement of such children are
21 not available at payment rates within the limitations set
22 forth in this Section. All reimbursements for services
23 delivered shall be absolutely inalienable by assignment,
24 sale, attachment, garnishment or otherwise.
25 (o) The Department shall establish an administrative
26 review and appeal process for children and families who
27 request or receive child welfare services from the
28 Department. Children who are wards of the Department and are
29 placed by private child welfare agencies, and foster families
30 with whom those children are placed, shall be afforded the
31 same procedural and appeal rights as children and families in
32 the case of placement by the Department, including the right
33 to an initial review of a private agency decision by that
34 agency. The Department shall insure that any private child
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1 welfare agency, which accepts wards of the Department for
2 placement, affords those rights to children and foster
3 families. The Department shall accept for administrative
4 review and an appeal hearing a complaint made by a child or
5 foster family concerning a decision following an initial
6 review by a private child welfare agency. An appeal of a
7 decision concerning a change in the placement of a child
8 shall be conducted in an expedited manner.
9 (p) There is hereby created the Department of Children
10 and Family Services Emergency Assistance Fund from which the
11 Department may provide special financial assistance to
12 families which are in economic crisis when such assistance is
13 not available through other public or private sources and the
14 assistance is deemed necessary to prevent dissolution of the
15 family unit or to reunite families which have been separated
16 due to child abuse and neglect. The Department shall
17 establish administrative rules specifying the criteria for
18 determining eligibility for and the amount and nature of
19 assistance to be provided. The Department may also enter
20 into written agreements with private and public social
21 service agencies to provide emergency financial services to
22 families referred by the Department. Special financial
23 assistance payments shall be available to a family no more
24 than once during each fiscal year and the total payments to a
25 family may not exceed $500 during a fiscal year.
26 (q) The Department may receive and use, in their
27 entirety, for the benefit of children any gift, donation or
28 bequest of money or other property which is received on
29 behalf of such children, or any financial benefits to which
30 such children are or may become entitled while under the
31 jurisdiction or care of the Department.
32 The Department shall set up and administer no-cost,
33 interest-bearing savings accounts in appropriate financial
34 institutions ("individual accounts") for children for whom
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1 the Department is legally responsible and who have been
2 determined eligible for Veterans' Benefits, Social Security
3 benefits, assistance allotments from the armed forces, court
4 ordered payments, parental voluntary payments, Supplemental
5 Security Income, Railroad Retirement payments, Black Lung
6 benefits, or other miscellaneous payments. Interest earned
7 by each individual account shall be credited to the account,
8 unless disbursed in accordance with this subsection.
9 In disbursing funds from children's individual accounts,
10 the Department shall:
11 (1) Establish standards in accordance with State
12 and federal laws for disbursing money from children's
13 individual accounts. In all circumstances, the
14 Department's "Guardianship Administrator" or his or her
15 designee must approve disbursements from children's
16 individual accounts. The Department shall be responsible
17 for keeping complete records of all disbursements for
18 each individual account for any purpose.
19 (2) Calculate on a monthly basis the amounts paid
20 from State funds for the child's board and care, medical
21 care not covered under Medicaid, and social services; and
22 utilize funds from the child's individual account, as
23 covered by regulation, to reimburse those costs.
24 Monthly, disbursements from all children's individual
25 accounts, up to 1/12 of $13,000,000, shall be deposited
26 by the Department into the General Revenue Fund and the
27 balance over 1/12 of $13,000,000 into the DCFS Children's
28 Services Fund.
29 (3) Maintain any balance remaining after
30 reimbursing for the child's costs of care, as specified
31 in item (2). The balance shall accumulate in accordance
32 with relevant State and federal laws and shall be
33 disbursed to the child or his or her guardian, or to the
34 issuing agency.
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1 (r) The Department shall promulgate regulations
2 encouraging all adoption agencies to voluntarily forward to
3 the Department or its agent names and addresses of all
4 persons who have applied for and have been approved for
5 adoption of a hard-to-place or handicapped child and the
6 names of such children who have not been placed for adoption.
7 A list of such names and addresses shall be maintained by the
8 Department or its agent, and coded lists which maintain the
9 confidentiality of the person seeking to adopt the child and
10 of the child shall be made available, without charge, to
11 every adoption agency in the State to assist the agencies in
12 placing such children for adoption. The Department may
13 delegate to an agent its duty to maintain and make available
14 such lists. The Department shall ensure that such agent
15 maintains the confidentiality of the person seeking to adopt
16 the child and of the child.
17 (s) The Department of Children and Family Services may
18 establish and implement a program to reimburse Department and
19 private child welfare agency foster parents licensed by the
20 Department of Children and Family Services for damages
21 sustained by the foster parents as a result of the malicious
22 or negligent acts of foster children, as well as providing
23 third party coverage for such foster parents with regard to
24 actions of foster children to other individuals. Such
25 coverage will be secondary to the foster parent liability
26 insurance policy, if applicable. The program shall be funded
27 through appropriations from the General Revenue Fund,
28 specifically designated for such purposes.
29 (t) The Department shall perform home studies and
30 investigations and shall exercise supervision over visitation
31 as ordered by a court pursuant to the Illinois Marriage and
32 Dissolution of Marriage Act or the Adoption Act only if:
33 (1) an order entered by an Illinois court
34 specifically directs the Department to perform such
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1 services; and
2 (2) the court has ordered one or both of the
3 parties to the proceeding to reimburse the Department for
4 its reasonable costs for providing such services in
5 accordance with Department rules, or has determined that
6 neither party is financially able to pay.
7 The Department shall provide written notification to the
8 court of the specific arrangements for supervised visitation
9 and projected monthly costs within 60 days of the court
10 order. The Department shall send to the court information
11 related to the costs incurred except in cases where the court
12 has determined the parties are financially unable to pay. The
13 court may order additional periodic reports as appropriate.
14 (u) Whenever the Department places a child in a licensed
15 foster home, group home, child care institution, or in a
16 relative home, the Department shall provide to the caretaker:
17 (1) available detailed information concerning the
18 child's educational and health history, copies of
19 immunization records (including insurance and medical
20 card information), a history of the child's previous
21 placements, if any, and reasons for placement changes
22 excluding any information that identifies or reveals the
23 location of any previous caretaker;
24 (2) a copy of the child's portion of the client
25 service plan, including any visitation arrangement, and
26 all amendments or revisions to it as related to the
27 child; and
28 (3) information containing details of the child's
29 individualized educational plan when the child is
30 receiving special education services.
31 The caretaker shall be informed of any known social or
32 behavioral information (including, but not limited to, fire
33 setting, perpetuation of sexual abuse, destructive behavior,
34 and substance abuse) necessary to care for and safeguard the
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1 child.
2 (u-5) Effective July 1, 1995, only foster care
3 placements licensed as foster family homes pursuant to the
4 Child Care Act of 1969 shall be eligible to receive foster
5 care payments from the Department. Relative caregivers who,
6 as of July 1, 1995, were approved pursuant to approved
7 relative placement rules previously promulgated by the
8 Department at 89 Ill. Adm. Code 335 and had submitted an
9 application for licensure as a foster family home may
10 continue to receive foster care payments only until the
11 Department determines that they may be licensed as a foster
12 family home or that their application for licensure is denied
13 or until September 30, 1995, whichever occurs first.
14 (v) The Department shall access criminal history record
15 information as defined in the Illinois Uniform Conviction
16 Information Act and information maintained in the
17 adjudicatory and dispositional record system as defined in
18 subdivision (A)19 of Section 55a of the Civil Administrative
19 Code of Illinois if the Department determines the information
20 is necessary to perform its duties under the Abused and
21 Neglected Child Reporting Act, the Child Care Act of 1969,
22 and the Children and Family Services Act. The Department
23 shall provide for interactive computerized communication and
24 processing equipment that permits direct on-line
25 communication with the Department of State Police's central
26 criminal history data repository. The Department shall
27 comply with all certification requirements and provide
28 certified operators who have been trained by personnel from
29 the Department of State Police. In addition, one Office of
30 the Inspector General investigator shall have training in the
31 use of the criminal history information access system and
32 have access to the terminal. The Department of Children and
33 Family Services and its employees shall abide by rules and
34 regulations established by the Department of State Police
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1 relating to the access and dissemination of this information.
2 (w) Within 120 days of August 20, 1995 (the effective
3 date of Public Act 89-392), the Department shall prepare and
4 submit to the Governor and the General Assembly, a written
5 plan for the development of in-state licensed secure child
6 care facilities that care for children who are in need of
7 secure living arrangements for their health, safety, and
8 well-being. For purposes of this subsection, secure care
9 facility shall mean a facility that is designed and operated
10 to ensure that all entrances and exits from the facility, a
11 building or a distinct part of the building, are under the
12 exclusive control of the staff of the facility, whether or
13 not the child has the freedom of movement within the
14 perimeter of the facility, building, or distinct part of the
15 building. The plan shall include descriptions of the types
16 of facilities that are needed in Illinois; the cost of
17 developing these secure care facilities; the estimated number
18 of placements; the potential cost savings resulting from the
19 movement of children currently out-of-state who are projected
20 to be returned to Illinois; the necessary geographic
21 distribution of these facilities in Illinois; and a proposed
22 timetable for development of such facilities.
23 (Source: P.A. 88-380; 88-398; 88-487; 88-614, eff. 9-7-94;
24 88-670, eff. 12-2-94; 89-21, eff. 6-6-95; 89-392, eff.
25 8-20-95; 89-626, eff. 8-9-96; 90HB165eng with sam01.)
26 (Text of Section after amendment by P.A. 89-507)
27 Sec. 5. Direct child welfare services; Department of
28 Children and Family Services. To provide direct child welfare
29 services when not available through other public or private
30 child care or program facilities.
31 (a) For purposes of this Section:
32 (1) "Children" means persons found within the State
33 who are under the age of 18 years. The term also
34 includes persons under age 19 who:
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1 (A) were committed to the Department pursuant
2 to the Juvenile Court Act or the Juvenile Court Act
3 of 1987, as amended, prior to the age of 18 and who
4 continue under the jurisdiction of the court; or
5 (B) were accepted for care, service and
6 training by the Department prior to the age of 18
7 and whose best interest in the discretion of the
8 Department would be served by continuing that care,
9 service and training because of severe emotional
10 disturbances, physical disability, social adjustment
11 or any combination thereof, or because of the need
12 to complete an educational or vocational training
13 program.
14 (2) "Homeless youth" means persons found within the
15 State who are under the age of 19, are not in a safe and
16 stable living situation and cannot be reunited with their
17 families.
18 (3) "Child welfare services" means public social
19 services which are directed toward the accomplishment of
20 the following purposes:
21 (A) protecting and promoting the health,
22 safety and welfare of children, including homeless,
23 dependent or neglected children;
24 (B) remedying, or assisting in the solution of
25 problems which may result in, the neglect, abuse,
26 exploitation or delinquency of children;
27 (C) preventing the unnecessary separation of
28 children from their families by identifying family
29 problems, assisting families in resolving their
30 problems, and preventing the breakup of the family
31 where the prevention of child removal is desirable
32 and possible when the child can be cared for at home
33 without endangering the child's health and safety;
34 (D) restoring to their families children who
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1 have been removed, by the provision of services to
2 the child and the families when the child can be
3 cared for at home without endangering the child's
4 health and safety;
5 (E) placing children in suitable adoptive
6 homes, in cases where restoration to the biological
7 family is not safe, possible or appropriate;
8 (F) assuring safe and adequate care of
9 children away from their homes, in cases where the
10 child cannot be returned home or cannot be placed
11 for adoption. At the time of placement, the
12 Department shall consider concurrent planning, as
13 described in subsection (l-1) of this Section so
14 that permanency may occur at the earliest
15 opportunity. Consideration should be given so that
16 if reunification fails or is delayed, the placement
17 made is the best available placement to provide
18 permanency for the child;
19 (G) (blank);
20 (H) (blank); and
21 (I) placing and maintaining children in
22 facilities that provide separate living quarters for
23 children under the age of 18 and for children 18
24 years of age and older, unless a child 18 years of
25 age is in the last year of high school education or
26 vocational training, in an approved individual or
27 group treatment program, or in a licensed shelter
28 facility. The Department is not required to place or
29 maintain children:
30 (i) who are in a foster home, or
31 (ii) who are persons with a developmental
32 disability, as defined in the Mental Health and
33 Developmental Disabilities Code, or
34 (iii) who are female children who are
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1 pregnant, pregnant and parenting or parenting,
2 or
3 (iv) who are siblings,
4 in facilities that provide separate living quarters
5 for children 18 years of age and older and for
6 children under 18 years of age.
7 (b) Nothing in this Section shall be construed to
8 authorize the expenditure of public funds for the purpose of
9 performing abortions.
10 (c) The Department shall establish and maintain
11 tax-supported child welfare services and extend and seek to
12 improve voluntary services throughout the State, to the end
13 that services and care shall be available on an equal basis
14 throughout the State to children requiring such services.
15 (d) The Director may authorize advance disbursements for
16 any new program initiative to any agency contracting with the
17 Department. As a prerequisite for an advance disbursement,
18 the contractor must post a surety bond in the amount of the
19 advance disbursement and have a purchase of service contract
20 approved by the Department. The Department may pay up to 2
21 months operational expenses in advance. The amount of the
22 advance disbursement shall be prorated over the life of the
23 contract or the remaining months of the fiscal year,
24 whichever is less, and the installment amount shall then be
25 deducted from future bills. Advance disbursement
26 authorizations for new initiatives shall not be made to any
27 agency after that agency has operated during 2 consecutive
28 fiscal years. The requirements of this Section concerning
29 advance disbursements shall not apply with respect to the
30 following: payments to local public agencies for child day
31 care services as authorized by Section 5a of this Act; and
32 youth service programs receiving grant funds under Section
33 17a-4.
34 (e) (Blank).
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1 (f) (Blank).
2 (g) The Department shall establish rules and regulations
3 concerning its operation of programs designed to meet the
4 goals of child safety and protection, family preservation,
5 family reunification, and adoption, including but not limited
6 to:
7 (1) adoption;
8 (2) foster care;
9 (3) family counseling;
10 (4) protective services;
11 (5) (blank);
12 (6) homemaker service;
13 (7) return of runaway children;
14 (8) (blank);
15 (9) placement under Section 5-7 of the Juvenile
16 Court Act or Section 2-27, 3-28, 4-25 or 5-29 of the
17 Juvenile Court Act of 1987 in accordance with the federal
18 Adoption Assistance and Child Welfare Act of 1980; and
19 (10) interstate services.
20 Rules and regulations established by the Department shall
21 include provisions for training Department staff and the
22 staff of Department grantees, through contracts with other
23 agencies or resources, in alcohol and drug abuse screening
24 techniques to identify children and adults who should be
25 referred to an alcohol and drug abuse treatment program for
26 professional evaluation.
27 (h) If the Department finds that there is no appropriate
28 program or facility within or available to the Department for
29 a ward and that no licensed private facility has an adequate
30 and appropriate program or none agrees to accept the ward,
31 the Department shall create an appropriate individualized,
32 program-oriented plan for such ward. The plan may be
33 developed within the Department or through purchase of
34 services by the Department to the extent that it is within
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1 its statutory authority to do.
2 (i) Service programs shall be available throughout the
3 State and shall include but not be limited to the following
4 services:
5 (1) case management;
6 (2) homemakers;
7 (3) counseling;
8 (4) parent education;
9 (5) day care; and
10 (6) emergency assistance and advocacy.
11 In addition, the following services may be made available
12 to assess and meet the needs of children and families:
13 (1) comprehensive family-based services;
14 (2) assessments;
15 (3) respite care; and
16 (4) in-home health services.
17 The Department shall provide transportation for any of
18 the services it makes available to children or families or
19 for which it refers children or families.
20 (j) The Department may provide financial assistance, and
21 shall establish rules and regulations concerning such
22 assistance, to persons who adopt physically or mentally
23 handicapped, older and other hard-to-place children who
24 immediately prior to their adoption were legal wards of the
25 Department. The Department may also provide financial
26 assistance, and shall establish rules and regulations for
27 such assistance, to persons appointed guardian of the person
28 under Section 5-7 of the Juvenile Court Act or Section 2-27,
29 3-28, 4-25 or 5-29 of the Juvenile Court Act of 1987 for
30 children who were wards of the Department for 12 months
31 immediately prior to the appointment of the successor
32 guardian and for whom the Department has set a goal of
33 permanent family placement with a foster family.
34 The amount of assistance may vary, depending upon the
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1 needs of the child and the adoptive parents, but must be at
2 least $25 less than the monthly cost of care of the child in
3 a foster home, as set forth in the annual assistance
4 agreement. Special purpose grants are allowed where the
5 child requires special service but such costs may not exceed
6 the amounts which similar services would cost the Department
7 if it were to provide or secure them as guardian of the
8 child.
9 Any financial assistance provided under this subsection
10 is inalienable by assignment, sale, execution, attachment,
11 garnishment, or any other remedy for recovery or collection
12 of a judgment or debt.
13 (k) The Department shall accept for care and training
14 any child who has been adjudicated neglected or abused, or
15 dependent committed to it pursuant to the Juvenile Court Act
16 or the Juvenile Court Act of 1987.
17 (l) Before July 1, 2000, the Department may provide, and
18 beginning July 1, 2000, the Department shall provide, family
19 preservation services, as determined to be appropriate and in
20 the child's best interests and when the child will be safe
21 and not be in imminent risk of harm, to any family whose
22 child has been placed in substitute care, any persons who
23 have adopted a child and require post-adoption services, or
24 any persons whose child or children are at risk of being
25 placed outside their home as documented by an "indicated"
26 report of suspected child abuse or neglect determined
27 pursuant to the Abused and Neglected Child Reporting Act.
28 Nothing in this paragraph shall be construed to create a
29 private right of action or claim on the part of any
30 individual or child welfare agency.
31 The Department shall notify the child and his family of
32 the Department's responsibility to offer and provide family
33 preservation services as identified in the service plan. The
34 child and his family shall be eligible for services as soon
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1 as the report is determined to be "indicated". The
2 Department may offer services to any child or family with
3 respect to whom a report of suspected child abuse or neglect
4 has been filed, prior to concluding its investigation under
5 Section 7.12 of the Abused and Neglected Child Reporting Act.
6 However, the child's or family's willingness to accept
7 services shall not be considered in the investigation. The
8 Department may also provide services to any child or family
9 who is the subject of any report of suspected child abuse or
10 neglect or may refer such child or family to services
11 available from other agencies in the community, even if the
12 report is determined to be unfounded, if the conditions in
13 the child's or family's home are reasonably likely to subject
14 the child or family to future reports of suspected child
15 abuse or neglect. Acceptance of such services shall be
16 voluntary.
17 The Department may, at its discretion except for those
18 children also adjudicated neglected or dependent, accept for
19 care and training any child who has been adjudicated
20 addicted, as a truant minor in need of supervision or as a
21 minor requiring authoritative intervention, under the
22 Juvenile Court Act or the Juvenile Court Act of 1987, but no
23 such child shall be committed to the Department by any court
24 without the approval of the Department. A minor charged with
25 a criminal offense under the Criminal Code of 1961 or
26 adjudicated delinquent shall not be placed in the custody of
27 or committed to the Department by any court, except a minor
28 less than 13 years of age committed to the Department under
29 Section 5-23 of the Juvenile Court Act of 1987.
30 (l-1) The legislature recognizes that the best interests
31 of the child require that the child be placed in the most
32 permanent living arrangement as soon as is practically
33 possible. To achieve this goal, the legislature directs the
34 Department of Children and Family Services to conduct
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1 concurrent planning so that permanency may occur at the
2 earliest opportunity. Permanent living arrangements may
3 include prevention of placement of a child outside the home
4 of the family when the child can be cared for at home without
5 endangering the child's health or safety; reunification with
6 the family, when safe and appropriate, if temporary placement
7 is necessary; or movement of the child toward the most
8 permanent living arrangement and permanent legal status.
9 When a child is placed in foster care, the Department
10 shall ensure and document that reasonable efforts were made
11 to prevent or eliminate the need to remove the child from the
12 child's home. The Department must make reasonable efforts to
13 reunify the family when temporary placement of the child
14 occurs or must request a finding from the court that
15 reasonable efforts are not appropriate or have been
16 unsuccessful. At any time after the dispositional hearing
17 where the Department believes that further reunification
18 services would be ineffective, it may request a finding from
19 the court that reasonable efforts are no longer appropriate.
20 The Department is not required to provide further
21 reunification services after such a finding.
22 A decision to place a child in substitute care shall be
23 made with considerations of the child's health, safety, and
24 best interests. At the time of placement, consideration
25 should also be given so that if reunification fails or is
26 delayed, the placement made is the best available placement
27 to provide permanency for the child.
28 The Department shall adopt rules addressing concurrent
29 planning for reunification and permanency. The Department
30 shall consider the following factors when determining
31 appropriateness of concurrent planning:
32 (1) the likelihood of prompt reunification;
33 (2) the past history of the family;
34 (3) the barriers to reunification being addressed
HB0066 Enrolled -29- LRB9000715LDdv
1 by the family;
2 (4) the level of cooperation of the family;
3 (5) the foster parents' willingness to work with
4 the family to reunite;
5 (6) the willingness and ability of the foster
6 family to provide an adoptive home or long-term
7 placement;
8 (7) the age of the child;
9 (8) placement of siblings.
10 (m) The Department may assume temporary custody of any
11 child if:
12 (1) it has received a written consent to such
13 temporary custody signed by the parents of the child or
14 by the parent having custody of the child if the parents
15 are not living together or by the guardian or custodian
16 of the child if the child is not in the custody of either
17 parent, or
18 (2) the child is found in the State and neither a
19 parent, guardian nor custodian of the child can be
20 located.
21 If the child is found in his or her residence without a
22 parent, guardian, custodian or responsible caretaker, the
23 Department may, instead of removing the child and assuming
24 temporary custody, place an authorized representative of the
25 Department in that residence until such time as a parent,
26 guardian or custodian enters the home and expresses a
27 willingness and apparent ability to ensure the child's health
28 and safety and resume permanent charge of the child, or until
29 a relative enters the home and is willing and able to ensure
30 the child's health and safety and assume charge of the child
31 until a parent, guardian or custodian enters the home and
32 expresses such willingness and ability to ensure the child's
33 safety and resume permanent charge. After a caretaker has
34 remained in the home for a period not to exceed 12 hours, the
HB0066 Enrolled -30- LRB9000715LDdv
1 Department must follow those procedures outlined in Section
2 2-9, 3-11, 4-8 or 5-9 of the Juvenile Court Act of 1987.
3 The Department shall have the authority, responsibilities
4 and duties that a legal custodian of the child would have
5 pursuant to subsection (9) of Section 1-3 of the Juvenile
6 Court Act of 1987. Whenever a child is taken into temporary
7 custody pursuant to an investigation under the Abused and
8 Neglected Child Reporting Act, or pursuant to a referral and
9 acceptance under the Juvenile Court Act of 1987 of a minor in
10 limited custody, the Department, during the period of
11 temporary custody and before the child is brought before a
12 judicial officer as required by Section 2-9, 3-11, 4-8 or 5-9
13 of the Juvenile Court Act of 1987, shall have the authority,
14 responsibilities and duties that a legal custodian of the
15 child would have under subsection (9) of Section 1-3 of the
16 Juvenile Court Act of 1987.
17 The Department shall ensure that any child taken into
18 custody is scheduled for an appointment for a medical
19 examination.
20 A parent, guardian or custodian of a child in the
21 temporary custody of the Department who would have custody of
22 the child if he were not in the temporary custody of the
23 Department may deliver to the Department a signed request
24 that the Department surrender the temporary custody of the
25 child. The Department may retain temporary custody of the
26 child for 10 days after the receipt of the request, during
27 which period the Department may cause to be filed a petition
28 pursuant to the Juvenile Court Act of 1987. If a petition is
29 so filed, the Department shall retain temporary custody of
30 the child until the court orders otherwise. If a petition is
31 not filed within the 10 day period, the child shall be
32 surrendered to the custody of the requesting parent, guardian
33 or custodian not later than the expiration of the 10 day
34 period, at which time the authority and duties of the
HB0066 Enrolled -31- LRB9000715LDdv
1 Department with respect to the temporary custody of the child
2 shall terminate.
3 (n) The Department may place children under 18 years of
4 age in licensed child care facilities when in the opinion of
5 the Department, appropriate services aimed at family
6 preservation have been unsuccessful and cannot ensure the
7 child's health and safety or are unavailable and such
8 placement would be for their best interest. Payment for
9 board, clothing, care, training and supervision of any child
10 placed in a licensed child care facility may be made by the
11 Department, by the parents or guardians of the estates of
12 those children, or by both the Department and the parents or
13 guardians, except that no payments shall be made by the
14 Department for any child placed in a licensed child care
15 facility for board, clothing, care, training and supervision
16 of such a child that exceed the average per capita cost of
17 maintaining and of caring for a child in institutions for
18 dependent or neglected children operated by the Department.
19 However, such restriction on payments does not apply in cases
20 where children require specialized care and treatment for
21 problems of severe emotional disturbance, physical
22 disability, social adjustment, or any combination thereof and
23 suitable facilities for the placement of such children are
24 not available at payment rates within the limitations set
25 forth in this Section. All reimbursements for services
26 delivered shall be absolutely inalienable by assignment,
27 sale, attachment, garnishment or otherwise.
28 (o) The Department shall establish an administrative
29 review and appeal process for children and families who
30 request or receive child welfare services from the
31 Department. Children who are wards of the Department and are
32 placed by private child welfare agencies, and foster families
33 with whom those children are placed, shall be afforded the
34 same procedural and appeal rights as children and families in
HB0066 Enrolled -32- LRB9000715LDdv
1 the case of placement by the Department, including the right
2 to an initial review of a private agency decision by that
3 agency. The Department shall insure that any private child
4 welfare agency, which accepts wards of the Department for
5 placement, affords those rights to children and foster
6 families. The Department shall accept for administrative
7 review and an appeal hearing a complaint made by a child or
8 foster family concerning a decision following an initial
9 review by a private child welfare agency. An appeal of a
10 decision concerning a change in the placement of a child
11 shall be conducted in an expedited manner.
12 (p) There is hereby created the Department of Children
13 and Family Services Emergency Assistance Fund from which the
14 Department may provide special financial assistance to
15 families which are in economic crisis when such assistance is
16 not available through other public or private sources and the
17 assistance is deemed necessary to prevent dissolution of the
18 family unit or to reunite families which have been separated
19 due to child abuse and neglect. The Department shall
20 establish administrative rules specifying the criteria for
21 determining eligibility for and the amount and nature of
22 assistance to be provided. The Department may also enter
23 into written agreements with private and public social
24 service agencies to provide emergency financial services to
25 families referred by the Department. Special financial
26 assistance payments shall be available to a family no more
27 than once during each fiscal year and the total payments to a
28 family may not exceed $500 during a fiscal year.
29 (q) The Department may receive and use, in their
30 entirety, for the benefit of children any gift, donation or
31 bequest of money or other property which is received on
32 behalf of such children, or any financial benefits to which
33 such children are or may become entitled while under the
34 jurisdiction or care of the Department.
HB0066 Enrolled -33- LRB9000715LDdv
1 The Department shall set up and administer no-cost,
2 interest-bearing savings accounts in appropriate financial
3 institutions ("individual accounts") for children for whom
4 the Department is legally responsible and who have been
5 determined eligible for Veterans' Benefits, Social Security
6 benefits, assistance allotments from the armed forces, court
7 ordered payments, parental voluntary payments, Supplemental
8 Security Income, Railroad Retirement payments, Black Lung
9 benefits, or other miscellaneous payments. Interest earned
10 by each individual account shall be credited to the account,
11 unless disbursed in accordance with this subsection.
12 In disbursing funds from children's individual accounts,
13 the Department shall:
14 (1) Establish standards in accordance with State
15 and federal laws for disbursing money from children's
16 individual accounts. In all circumstances, the
17 Department's "Guardianship Administrator" or his or her
18 designee must approve disbursements from children's
19 individual accounts. The Department shall be responsible
20 for keeping complete records of all disbursements for
21 each individual account for any purpose.
22 (2) Calculate on a monthly basis the amounts paid
23 from State funds for the child's board and care, medical
24 care not covered under Medicaid, and social services; and
25 utilize funds from the child's individual account, as
26 covered by regulation, to reimburse those costs.
27 Monthly, disbursements from all children's individual
28 accounts, up to 1/12 of $13,000,000, shall be deposited
29 by the Department into the General Revenue Fund and the
30 balance over 1/12 of $13,000,000 into the DCFS Children's
31 Services Fund.
32 (3) Maintain any balance remaining after
33 reimbursing for the child's costs of care, as specified
34 in item (2). The balance shall accumulate in accordance
HB0066 Enrolled -34- LRB9000715LDdv
1 with relevant State and federal laws and shall be
2 disbursed to the child or his or her guardian, or to the
3 issuing agency.
4 (r) The Department shall promulgate regulations
5 encouraging all adoption agencies to voluntarily forward to
6 the Department or its agent names and addresses of all
7 persons who have applied for and have been approved for
8 adoption of a hard-to-place or handicapped child and the
9 names of such children who have not been placed for adoption.
10 A list of such names and addresses shall be maintained by the
11 Department or its agent, and coded lists which maintain the
12 confidentiality of the person seeking to adopt the child and
13 of the child shall be made available, without charge, to
14 every adoption agency in the State to assist the agencies in
15 placing such children for adoption. The Department may
16 delegate to an agent its duty to maintain and make available
17 such lists. The Department shall ensure that such agent
18 maintains the confidentiality of the person seeking to adopt
19 the child and of the child.
20 (s) The Department of Children and Family Services may
21 establish and implement a program to reimburse Department and
22 private child welfare agency foster parents licensed by the
23 Department of Children and Family Services for damages
24 sustained by the foster parents as a result of the malicious
25 or negligent acts of foster children, as well as providing
26 third party coverage for such foster parents with regard to
27 actions of foster children to other individuals. Such
28 coverage will be secondary to the foster parent liability
29 insurance policy, if applicable. The program shall be funded
30 through appropriations from the General Revenue Fund,
31 specifically designated for such purposes.
32 (t) The Department shall perform home studies and
33 investigations and shall exercise supervision over visitation
34 as ordered by a court pursuant to the Illinois Marriage and
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1 Dissolution of Marriage Act or the Adoption Act only if:
2 (1) an order entered by an Illinois court
3 specifically directs the Department to perform such
4 services; and
5 (2) the court has ordered one or both of the
6 parties to the proceeding to reimburse the Department for
7 its reasonable costs for providing such services in
8 accordance with Department rules, or has determined that
9 neither party is financially able to pay.
10 The Department shall provide written notification to the
11 court of the specific arrangements for supervised visitation
12 and projected monthly costs within 60 days of the court
13 order. The Department shall send to the court information
14 related to the costs incurred except in cases where the court
15 has determined the parties are financially unable to pay. The
16 court may order additional periodic reports as appropriate.
17 (u) Whenever the Department places a child in a licensed
18 foster home, group home, child care institution, or in a
19 relative home, the Department shall provide to the caretaker:
20 (1) available detailed information concerning the
21 child's educational and health history, copies of
22 immunization records (including insurance and medical
23 card information), a history of the child's previous
24 placements, if any, and reasons for placement changes
25 excluding any information that identifies or reveals the
26 location of any previous caretaker;
27 (2) a copy of the child's portion of the client
28 service plan, including any visitation arrangement, and
29 all amendments or revisions to it as related to the
30 child; and
31 (3) information containing details of the child's
32 individualized educational plan when the child is
33 receiving special education services.
34 The caretaker shall be informed of any known social or
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1 behavioral information (including, but not limited to, fire
2 setting, perpetuation of sexual abuse, destructive behavior,
3 and substance abuse) necessary to care for and safeguard the
4 child.
5 (u-5) Effective July 1, 1995, only foster care
6 placements licensed as foster family homes pursuant to the
7 Child Care Act of 1969 shall be eligible to receive foster
8 care payments from the Department. Relative caregivers who,
9 as of July 1, 1995, were approved pursuant to approved
10 relative placement rules previously promulgated by the
11 Department at 89 Ill. Adm. Code 335 and had submitted an
12 application for licensure as a foster family home may
13 continue to receive foster care payments only until the
14 Department determines that they may be licensed as a foster
15 family home or that their application for licensure is denied
16 or until September 30, 1995, whichever occurs first.
17 (v) The Department shall access criminal history record
18 information as defined in the Illinois Uniform Conviction
19 Information Act and information maintained in the
20 adjudicatory and dispositional record system as defined in
21 subdivision (A)19 of Section 55a of the Civil Administrative
22 Code of Illinois if the Department determines the information
23 is necessary to perform its duties under the Abused and
24 Neglected Child Reporting Act, the Child Care Act of 1969,
25 and the Children and Family Services Act. The Department
26 shall provide for interactive computerized communication and
27 processing equipment that permits direct on-line
28 communication with the Department of State Police's central
29 criminal history data repository. The Department shall
30 comply with all certification requirements and provide
31 certified operators who have been trained by personnel from
32 the Department of State Police. In addition, one Office of
33 the Inspector General investigator shall have training in the
34 use of the criminal history information access system and
HB0066 Enrolled -37- LRB9000715LDdv
1 have access to the terminal. The Department of Children and
2 Family Services and its employees shall abide by rules and
3 regulations established by the Department of State Police
4 relating to the access and dissemination of this information.
5 (w) Within 120 days of August 20, 1995 (the effective
6 date of Public Act 89-392), the Department shall prepare and
7 submit to the Governor and the General Assembly, a written
8 plan for the development of in-state licensed secure child
9 care facilities that care for children who are in need of
10 secure living arrangements for their health, safety, and
11 well-being. For purposes of this subsection, secure care
12 facility shall mean a facility that is designed and operated
13 to ensure that all entrances and exits from the facility, a
14 building or a distinct part of the building, are under the
15 exclusive control of the staff of the facility, whether or
16 not the child has the freedom of movement within the
17 perimeter of the facility, building, or distinct part of the
18 building. The plan shall include descriptions of the types
19 of facilities that are needed in Illinois; the cost of
20 developing these secure care facilities; the estimated number
21 of placements; the potential cost savings resulting from the
22 movement of children currently out-of-state who are projected
23 to be returned to Illinois; the necessary geographic
24 distribution of these facilities in Illinois; and a proposed
25 timetable for development of such facilities.
26 (Source: P.A. 88-380; 88-398; 88-487; 88-614, eff. 9-7-94;
27 88-670, eff. 12-2-94; 89-21, eff. 6-6-95; 89-392, eff.
28 8-20-95; 89-507, eff. 7-1-97; 89-626, eff. 8-9-96; 90HB165eng
29 with sam01.)
30 (20 ILCS 505/6c new)
31 Sec. 6c. Parental inquiry. The Department shall
32 maintain a system of response to inquiry made by parents or
33 putative parents as to whether their child is under the
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1 custody or guardianship of the Department; and if so, the
2 Department shall direct the parents or putative parents to
3 the appropriate court of jurisdiction, including where
4 inquiry may be made of the clerk of the court regarding the
5 case number and the next scheduled court date of the minor's
6 case. Effective notice and the means of accessing
7 information shall be given to the public on a continuing
8 basis by the Department.
9 (20 ILCS 505/7) (from Ch. 23, par. 5007)
10 Sec. 7. Placement of children; considerations.
11 (a) In placing any child under this Act, the Department
12 shall place such child, as far as possible, in the care and
13 custody of some individual holding the same religious belief
14 as the parents of the child, or with some child care facility
15 which is operated by persons of like religious faith as the
16 parents of such child.
17 (b) In placing a child under this Act, the Department
18 may place a child with a relative if the Department has
19 reason to believe that the relative will be able to
20 adequately provide for the child's safety and welfare. The
21 Department may not place a child with a relative, with the
22 exception of certain circumstances which may be waived as
23 defined by the Department in rules, if the results of a check
24 of the Law Enforcement Agency Data System (LEADS) identifies
25 a prior criminal conviction of the relative or any adult
26 member of the relative's household for any of the following
27 offenses under the Criminal Code of 1961:
28 (1) murder;
29 (1.1) solicitation of murder;
30 (1.2) solicitation of murder for hire;
31 (1.3) intentional homicide of an unborn child;
32 (1.4) voluntary manslaughter of an unborn child;
33 (1.5) involuntary manslaughter;
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1 (1.6) reckless homicide;
2 (1.7) concealment of a homicidal death;
3 (1.8) involuntary manslaughter of an unborn child;
4 (1.9) reckless homicide of an unborn child;
5 (1.10) drug-induced homicide;
6 (2) a sex offense under Article 11, except offenses
7 described in Sections 11-7, 11-8, 11-12, and 11-13;
8 (3) kidnapping;
9 (3.1) aggravated unlawful restraint;
10 (3.2) forcible detention;
11 (3.3) aiding and abetting child abduction;
12 (4) aggravated kidnapping;
13 (5) child abduction;
14 (6) aggravated battery of a child;
15 (7) criminal sexual assault;
16 (8) aggravated criminal sexual assault;
17 (8.1) predatory criminal sexual assault of a child;
18 (9) criminal sexual abuse;
19 (10) aggravated sexual abuse;
20 (11) heinous battery;
21 (12) aggravated battery with a firearm;
22 (13) tampering with food, drugs, or cosmetics;
23 (14) drug-induced infliction of great bodily harm;
24 (15) aggravated stalking;
25 (16) home invasion;
26 (17) vehicular invasion;
27 (18) criminal transmission of HIV;
28 (19) criminal neglect of an elderly or disabled
29 person;
30 (20) child abandonment;
31 (21) endangering the life or health of a child;
32 (22) ritual mutilation;
33 (23) ritualized abuse of a child;
34 (24) an offense in any other state the elements of
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1 which are similar and bear a substantial relationship to
2 any of the foregoing offenses.
3 For the purpose of this subsection, "relative" shall include
4 any person, 21 years of age or over, other than the parent,
5 who (i) is currently related to the child in any of the
6 following ways by blood or adoption: grandparent, sibling,
7 great-grandparent, uncle, aunt, nephew, niece, first cousin,
8 great-uncle, or great-aunt; or (ii) is the spouse of such a
9 relative; or (iii) is the child's step-father, step-mother,
10 or adult step-brother or step-sister; "relative" also
11 includes a person related in any of the foregoing ways to a
12 sibling of a child, even though the person is not related to
13 the child, when the child and its sibling are placed together
14 with that person. A relative with whom a child is placed
15 pursuant to this subsection may, but is not required to,
16 apply for licensure as a foster family home pursuant to the
17 Child Care Act of 1969; provided, however, that as of July 1,
18 1995, foster care payments shall be made only to licensed
19 foster family homes pursuant to the terms of Section 5 of
20 this Act.
21 (c) In placing a child under this Act, the Department
22 shall ensure that the child's health, safety, and best
23 interests are met by giving due, not sole, consideration to
24 the child's race or ethnic heritage in making a family foster
25 care placement. The Department shall consider the cultural,
26 ethnic, or racial background of the child and the capacity of
27 the prospective foster or adoptive parents to meet the needs
28 of a child of this background as one of a number of factors
29 used to determine the best interests of the child. The
30 Department shall make special efforts for the diligent
31 recruitment of potential foster and adoptive families that
32 reflect the ethnic and racial diversity of the children for
33 whom foster and adoptive homes are needed. "Special efforts"
34 shall include contacting and working with community
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1 organizations and religious organizations and may include
2 contracting with those organizations, utilizing local media
3 and other local resources, and conducting outreach
4 activities.
5 (c-1) At the time of placement, the Department shall
6 consider concurrent planning, as described in subsection
7 (l-1) of Section 5, so that permanency may occur at the
8 earliest opportunity. Consideration should be given so that
9 if reunification fails or is delayed, the placement made is
10 the best available placement to provide permanency for the
11 child.
12 (d) The Department may accept gifts, grants, offers of
13 services, and other contributions to use in making special
14 recruitment efforts.
15 (e) The Department in placing children in adoptive or
16 foster care homes may not, in any policy or practice relating
17 to the placement of children for adoption or foster care,
18 discriminate against any child or prospective adoptive or
19 foster parent on the basis of race.
20 (Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-428, eff.
21 12-13-95; 89-462, eff. 5-29-96; 89-626, eff. 8-9-96;
22 90HB165eng with sam01.)
23 Section 10. The State Mandates Act is amended, if and
24 only if the provisions of House Bill 165 of the 90th General
25 Assembly that are changed by this amendatory Act of 1997
26 become law, by adding Section 8.21 as follows:
27 (30 ILCS 805/8.21 new)
28 Sec. 8.21. Exempt mandate. Notwithstanding Sections 6
29 and 8 of this Act, no reimbursement by the State is required
30 for the implementation of any mandate created by this
31 amendatory Act of 1997 (House Bill 66 of the 90th General
32 Assembly) or by House Bill 165 of the 90th General Assembly.
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1 Section 15. The Child Care Act of 1969 is amended, if
2 and only if the provisions of House Bill 165 of the 90th
3 General Assembly that are changed by this amendatory Act of
4 1997 become law, by changing Section 4.2 as follows:
5 (225 ILCS 10/4.2) (from Ch. 23, par. 2214.2)
6 Sec. 4.2. (a) No applicant may receive a license from
7 the Department and no person may be employed by a licensed
8 child care facility who refuses to authorize an investigation
9 as required by Section 4.1.
10 (b) No applicant may receive a license from the
11 Department and no person may be employed by a child care
12 facility licensed by the Department who has been declared a
13 sexually dangerous person under "An Act in relation to
14 sexually dangerous persons, and providing for their
15 commitment, detention and supervision", approved July 6,
16 1938, as amended, or convicted of committing or attempting to
17 commit any of the following offenses stipulated under the
18 Criminal Code of 1961:
19 (1) murder;
20 (1.1) solicitation of murder;
21 (1.2) solicitation of murder for hire;
22 (1.3) intentional homicide of an unborn child;
23 (1.4) voluntary manslaughter of an unborn child;
24 (1.5) involuntary manslaughter;
25 (1.6) reckless homicide;
26 (1.7) concealment of a homicidal death;
27 (1.8) involuntary manslaughter of an unborn child;
28 (1.9) reckless homicide of an unborn child;
29 (1.10) drug induced homicide;
30 (2) a sex offense under Article 11, except offenses
31 described in Sections 11-7, 11-8, 11-12, and 11-13;
32 (3) kidnapping;
33 (3.1) aggravated unlawful restraint;
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1 (3.2) forcible detention;
2 (3.3) harboring a runaway;
3 (3.4) aiding and abetting child abduction;
4 (4) aggravated kidnapping;
5 (5) child abduction;
6 (6) aggravated battery of a child;
7 (7) criminal sexual assault;
8 (8) aggravated criminal sexual assault;
9 (8.1) predatory criminal sexual assault of a child;
10 (9) criminal sexual abuse;
11 (10) aggravated sexual abuse;
12 (11) heinous battery;
13 (12) aggravated battery with a firearm;
14 (13) tampering with food, drugs, or cosmetics;
15 (14) drug induced infliction of great bodily harm;
16 (15) hate crime;
17 (16) stalking;
18 (17) aggravated stalking;
19 (18) threatening public officials;
20 (19) home invasion;
21 (20) vehicular invasion;
22 (21) criminal transmission of HIV;
23 (22) criminal neglect of an elderly or disabled
24 person;
25 (23) child abandonment;
26 (24) endangering the life or health of a child;
27 (25) ritual mutilation;
28 (26) ritualized abuse of a child;
29 (27) an offense in any other state the elements of
30 which are similar and bear a substantial relationship to
31 any of the foregoing offenses.
32 (c) In addition to the provisions set forth in
33 subsection (b), no applicant may receive a license from the
34 Department to operate a foster family home, and no adult
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1 person may reside in a foster family home licensed by the
2 Department, who has been convicted of committing or
3 attempting to commit any of the following offenses stipulated
4 under the Criminal Code of 1961, the Cannabis Control Act,
5 and the Illinois Controlled Substances Act:
6 (I) OFFENSES DIRECTED AGAINST THE PERSON
7 (A) KIDNAPPING AND RELATED OFFENSES
8 (1) Unlawful restraint.
9 (B) BODILY HARM
10 (2) Felony aggravated assault.
11 (3) Vehicular endangerment.
12 (4) Felony domestic battery.
13 (5) Aggravated battery.
14 (6) Heinous battery.
15 (7) Aggravated battery with a firearm.
16 (8) Aggravated battery of an unborn child.
17 (9) Aggravated battery of a senior citizen.
18 (10) Intimidation.
19 (11) Compelling organization membership of persons.
20 (12) Abuse and gross neglect of a long term care
21 facility resident.
22 (13) Felony violation of an order of protection.
23 (II) OFFENSES DIRECTED AGAINST PROPERTY
24 (14) Felony theft.
25 (15) Robbery.
26 (16) Armed robbery.
27 (17) Aggravated robbery.
28 (18) Vehicular hijacking.
29 (19) Aggravated vehicular hijacking.
30 (20) Burglary.
31 (21) Possession of burglary tools.
32 (22) Residential burglary.
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1 (23) Criminal fortification of a residence or
2 building.
3 (24) Arson.
4 (25) Aggravated arson.
5 (26) Possession of explosive or explosive
6 incendiary devices.
7 (III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
8 (27) Felony unlawful use of weapons.
9 (28) Aggravated discharge of a firearm.
10 (29) Reckless discharge of a firearm.
11 (30) Unlawful use of metal piercing bullets.
12 (31) Unlawful sale or delivery of firearms on the
13 premises of any school.
14 (32) Disarming a police officer.
15 (33) Obstructing justice.
16 (34) Concealing or aiding a fugitive.
17 (35) Armed violence.
18 (36) Felony contributing to the criminal
19 delinquency of a juvenile.
20 (IV) DRUG OFFENSES
21 (37) Possession of more than 30 grams of cannabis.
22 (38) Manufacture of more than 10 grams of cannabis.
23 (39) Cannabis trafficking.
24 (40) Delivery of cannabis on school grounds.
25 (41) Unauthorized production of more than 5
26 cannabis sativa plants.
27 (42) Calculated criminal cannabis conspiracy.
28 (43) Unauthorized manufacture or delivery of
29 controlled substances.
30 (44) Controlled substance trafficking.
31 (45) Manufacture, distribution, or advertisement of
32 look-alike substances.
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1 (46) Calculated criminal drug conspiracy.
2 (46.5) Streetgang criminal drug conspiracy.
3 (47) Permitting unlawful use of a building.
4 (48) Delivery of controlled, counterfeit, or
5 look-alike substances to persons under age 18, or at
6 truck stops, rest stops, or safety rest areas, or on
7 school property.
8 (49) Using, engaging, or employing persons under 18
9 to deliver controlled, counterfeit, or look-alike
10 substances.
11 (50) Delivery of controlled substances.
12 (51) Sale or delivery of drug paraphernalia.
13 (52) Felony possession, sale, or exchange of
14 instruments adapted for use of a controlled substance or
15 cannabis by subcutaneous injection.
16 (d) Notwithstanding subsection (c), the Department may
17 issue a new foster family home license or may renew an
18 existing foster family home license of an applicant who was
19 convicted of an offense described in subsection (c), provided
20 all of the following requirements are met:
21 (1) The relevant criminal offense or offenses
22 occurred more than 10 years prior to the effective date
23 of application or renewal this amendatory Act of 1997.
24 (2) The applicant had previously disclosed the
25 conviction or convictions to the Department for purposes
26 of a background check.
27 (3) After the disclosure, the Department either
28 placed a child in the home or the foster family home
29 license was issued.
30 (4) During the background check, the Department had
31 assessed and waived the conviction in compliance with the
32 existing statutes and rules in effect at the time of the
33 waiver.
34 (5) The applicant meets all other requirements and
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1 qualifications to be licensed as a foster family home
2 under this Act and the Department's administrative rules.
3 (6) The applicant has a history of providing a
4 safe, stable home environment and appears able to
5 continue to provide a safe, stable home environment.
6 (Source: P.A. 89-21, eff. 7-1-95; 89-263, eff. 8-10-95;
7 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-498, eff.
8 6-27-96: 90HB165eng with sam01.)
9 Section 20. The Abused and Neglected Child Reporting Act
10 is amended by adding Section 4.3 as follows:
11 (325 ILCS 5/4.3 new)
12 Sec. 4.3. DCFS duty to report. The Department shall
13 report the disappearance of any child under its custody or
14 guardianship to the local law enforcement agency working in
15 cooperation with the I SEARCH Unit located nearest the last
16 known whereabouts of the child.
17 Section 25. The Intergovernmental Missing Child Recovery
18 Act of 1984 is amended by changing Section 3 as follows:
19 (325 ILCS 40/3) (from Ch. 23, par. 2253)
20 Sec. 3. Each I SEARCH unit shall be established to
21 promote an immediate and effective community response to
22 missing children and may engage in, but shall not be limited
23 to, the following activities:
24 (a) To establish and conduct programs to educate
25 parents, children and communities in ways to prevent the
26 abduction of children.
27 (b) To conduct training programs and distribute
28 materials providing guidelines for children when dealing with
29 strangers, casual acquaintances, or non-custodial parents, in
30 order to avoid abduction or kidnapping situations.
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1 (c) To compile, maintain and make available data upon
2 the request of law enforcement agencies and other entities
3 deemed appropriate by the Department to assist enforcement
4 agencies in recovering missing children, including but not
5 limited to data regarding the places of shelter commonly used
6 by runaway children in the geographical area encompassed by
7 the I SEARCH Unit.
8 (d) To draft and implement plans for the most efficient
9 use of available resources to publicize and conduct searches
10 for missing children.
11 (e) To establish and maintain contacts with other I
12 SEARCH Units, law enforcement agencies, and the Department in
13 order to increase the probability of locating and returning
14 missing children, and to otherwise assist in the recovery and
15 tracking of missing children.
16 (f) To coordinate the tracking and recovery of children
17 under the custody or guardianship of the Department of
18 Children and Family Services whose disappearance has been
19 reported and to produce an annual report indicating the
20 number of children under the custody or guardianship of that
21 Department who have been reported missing and the number who
22 have been recovered.
23 (g) To conduct other activities as may be necessary to
24 achieve the goals established by this Act.
25 (Source: P.A. 83-1354.)
26 Section 30. The Juvenile Court Act of 1987 is amended,
27 if and only if the provisions of House Bill 165 of the 90th
28 General Assembly that are changed by this amendatory Act of
29 1997 become law, by changing Sections 1-2, 1-5, 2-15, 2-16,
30 2-17, 2-20, 2-21, 2-23, 2-27, 2-28, and 2-28.1 and by adding
31 Section 2-32 as follows:
32 (705 ILCS 405/1-2) (from Ch. 37, par. 801-2)
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1 (Text of Section before amendment by P.A. 89-704)
2 Sec. 1-2. Purpose and policy. (1) The purpose of this
3 Act is to secure for each minor subject hereto such care and
4 guidance, preferably in his or her own home, as will serve
5 the moral, emotional, mental, and physical welfare of the
6 minor and the best interests of the community; to preserve
7 and strengthen the minor's family ties whenever possible,
8 removing him or her from the custody of his or her parents
9 only when his or her welfare or safety or the protection of
10 the public cannot be adequately safeguarded without removal;
11 and, when the minor is removed from his or her own family, to
12 secure for him or her custody, care and discipline as nearly
13 as possible equivalent to that which should be given by his
14 or her parents, and in cases where it should and can properly
15 be done to place the minor in a family home so that he or she
16 may become a member of the family by legal adoption or
17 otherwise.
18 (2) In all proceedings under this Act the court may
19 direct the course thereof so as promptly to ascertain the
20 jurisdictional facts and fully to gather information bearing
21 upon the current condition and future welfare of persons
22 subject to this Act. This Act shall be administered in a
23 spirit of humane concern, not only for the rights of the
24 parties, but also for the fears and the limits of
25 understanding of all who appear before the court.
26 (3) In all procedures under this Act, the following
27 shall apply:
28 (a) The procedural rights assured to the minor shall be
29 the rights of adults unless specifically precluded by laws
30 which enhance the protection of such minors.
31 (b) Every child has a right to services necessary to his
32 or her proper development, including health, education and
33 social services.
34 (c) The parents' right to the custody of their child
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1 shall not prevail when the court determines that it is
2 contrary to the best interests of the child.
3 (4) This Act shall be liberally construed to carry out
4 the foregoing purpose and policy.
5 (Source: P.A. 85-601; 90HB165eng with sam01.)
6 (Text of Section after amendment by P.A. 89-704)
7 Sec. 1-2. Purpose and policy.
8 (1) The purpose of this Act is to secure for each minor
9 subject hereto such care and guidance, preferably in his or
10 her own home, as will serve the safety and moral, emotional,
11 mental, and physical welfare of the minor and the best
12 interests of the community; to preserve and strengthen the
13 minor's family ties whenever possible, removing him or her
14 from the custody of his or her parents only when his or her
15 safety or welfare or the protection of the public cannot be
16 adequately safeguarded without removal; if the child is
17 removed from the custody of his or her parent, the Department
18 of Children and Family Services immediately shall consider
19 concurrent planning, as described in Section 5 of the
20 Children and Family Services Act so that permanency may occur
21 at the earliest opportunity; consideration should be given so
22 that if reunification fails or is delayed, the placement made
23 is the best available placement to provide permanency for the
24 child; and, when the minor is removed from his or her own
25 family, to secure for him or her custody, care and discipline
26 as nearly as possible equivalent to that which should be
27 given by his or her parents, and in cases where it should and
28 can properly be done to place the minor in a family home so
29 that he or she may become a member of the family by legal
30 adoption or otherwise. Provided that a ground for unfitness
31 under the Adoption Act can be met, it may be appropriate to
32 expedite termination of parental rights:
33 (a) when reasonable efforts are inappropriate, or have
34 been provided and were unsuccessful, and there are
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1 aggravating circumstances including, but not limited to,
2 those cases in which (i) a child or a sibling of the child
3 was (A) abandoned, (B) tortured, or (C) chronically abused or
4 (ii) the parent is criminally convicted of (A) first degree
5 murder or second degree murder of any child, (B) attempt or
6 conspiracy to commit first degree murder or second degree
7 murder of any child, (C) solicitation to commit murder,
8 solicitation to commit murder for hire, or solicitation to
9 commit second degree murder of any child, or accountability
10 for the first or second degree murder of any child, or (D)
11 aggravated criminal sexual assault in violation of Section
12 12-14(b)(1) of the Criminal Code of 1961; or
13 (b) when the parental rights of a parent with respect to
14 a sibling of the child have been involuntarily terminated; or
15 (c) in those extreme cases in which the parent's
16 incapacity to care for the child, combined with an extremely
17 poor prognosis for treatment or rehabilitation, justifies
18 expedited termination of parental rights.
19 (2) In all proceedings under this Act the court may
20 direct the course thereof so as promptly to ascertain the
21 jurisdictional facts and fully to gather information bearing
22 upon the current condition and future welfare of persons
23 subject to this Act. This Act shall be administered in a
24 spirit of humane concern, not only for the rights of the
25 parties, but also for the fears and the limits of
26 understanding of all who appear before the court.
27 (3) In all procedures under this Act, the following
28 shall apply:
29 (a) The procedural rights assured to the minor
30 shall be the rights of adults unless specifically
31 precluded by laws which enhance the protection of such
32 minors.
33 (b) Every child has a right to services necessary
34 to his or her safety and proper development, including
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1 health, education and social services.
2 (c) The parents' right to the custody of their
3 child shall not prevail when the court determines that it
4 is contrary to the health, safety, and best interests of
5 the child.
6 (4) This Act shall be liberally construed to carry out
7 the foregoing purpose and policy.
8 (Source: P.A. 89-704, eff. 1-1-98; 90HB165eng with sam01.)
9 (705 ILCS 405/1-5) (from Ch. 37, par. 801-5)
10 Sec. 1-5. Rights of parties to proceedings.
11 (1) Except as provided in this Section and paragraph (2)
12 of Sections 2-22, 3-23, 4-20 or 5-22, the minor who is the
13 subject of the proceeding and his parents, guardian, legal
14 custodian or responsible relative who are parties respondent
15 have the right to be present, to be heard, to present
16 evidence material to the proceedings, to cross-examine
17 witnesses, to examine pertinent court files and records and
18 also, although proceedings under this Act are not intended to
19 be adversary in character, the right to be represented by
20 counsel. At the request of any party financially unable to
21 employ counsel, with the exception of a foster parent
22 permitted to intervene under this Section, the court shall
23 appoint the Public Defender or such other counsel as the case
24 may require. Counsel appointed for the minor and any indigent
25 party shall appear at all stages of the trial court
26 proceeding, and such appointment shall continue through the
27 including permanency hearings and termination of parental
28 rights proceedings subject to withdrawal or substitution
29 pursuant to Supreme Court Rules or the Code of Civil
30 Procedure. Following the dispositional hearing, the court may
31 require appointed counsel to withdraw his or her appearance
32 upon failure of the party for whom counsel was appointed
33 under this Section to attend any subsequent proceedings.
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1 No hearing on any petition or motion filed under this Act
2 may be commenced unless the minor who is the subject of the
3 proceeding is represented by counsel. Each adult respondent
4 shall be furnished a written "Notice of Rights" at or before
5 the first hearing at which he or she appears.
6 (1.5) The Department shall maintain a system of response
7 to inquiry made by parents or putative parents as to whether
8 their child is under the custody or guardianship of the
9 Department; and if so, the Department shall direct the
10 parents or putative parents to the appropriate court of
11 jurisdiction, including where inquiry may be made of the
12 clerk of the court regarding the case number and the next
13 scheduled court date of the minor's case. Effective notice
14 and the means of accessing information shall be given to the
15 public on a continuing basis by the Department.
16 (2) (a) Though not appointed guardian or legal custodian
17 or otherwise made a party to the proceeding, any current or
18 previously appointed foster parent or representative of an
19 agency or association interested in the minor has the right
20 to be heard by the court, but does not thereby become a party
21 to the proceeding.
22 In addition to the foregoing right to be heard by the
23 court, any current foster parent of a minor and the agency
24 designated by the court or the Department of Children and
25 Family Services as custodian of the minor who has been
26 adjudicated an abused or neglected minor under Section 2-3 or
27 a dependent minor under Section 2-4 of this Act has the right
28 to and shall be given adequate notice at all stages of any
29 hearing or proceeding under this Act wherein the custody or
30 status of the minor may be changed. Such notice shall
31 contain a statement regarding the nature and denomination of
32 the hearing or proceeding to be held, the change in custody
33 or status of the minor sought to be obtained at such hearing
34 or proceeding, and the date, time and place of such hearing
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1 or proceeding. The Department of Children and Family
2 Services or the licensed child welfare agency that has placed
3 the minor with the foster parent shall notify the clerk of
4 the court of the name and address of the current foster
5 parent. The clerk shall mail the notice by certified mail
6 marked for delivery to addressee only. The regular return
7 receipt for certified mail is sufficient proof of service.
8 Any foster parent who is denied his or her right to be
9 heard under this Section may bring a mandamus action under
10 Article XIV of the Code of Civil Procedure against the court
11 or any public agency to enforce that right. The mandamus
12 action may be brought immediately upon the denial of those
13 rights but in no event later than 30 days after the foster
14 parent has been denied the right to be heard.
15 (b) If after an adjudication that a minor is abused or
16 neglected as provided under Section 2-21 of this Act and a
17 motion has been made to restore the minor to any parent,
18 guardian, or legal custodian found by the court to have
19 caused the neglect or to have inflicted the abuse on the
20 minor, a foster parent may file a motion to intervene in the
21 proceeding for the sole purpose of requesting that the minor
22 be placed with the foster parent, provided that the foster
23 parent (i) is the current foster parent of the minor or (ii)
24 has previously been a foster parent for the minor for one
25 year or more, has a foster care license or is eligible for a
26 license, and is not the subject of any findings of abuse or
27 neglect of any child. The juvenile court may only enter
28 orders placing a minor with a specific foster parent under
29 this subsection (2)(b) and nothing in this Section shall be
30 construed to confer any jurisdiction or authority on the
31 juvenile court to issue any other orders requiring the
32 appointed guardian or custodian of a minor to place the minor
33 in a designated foster home or facility. This Section is not
34 intended to encompass any matters that are within the scope
HB0066 Enrolled -55- LRB9000715LDdv
1 or determinable under the administrative and appeal process
2 established by rules of the Department of Children and Family
3 Services under Section 5(o) of the Children and Family
4 Services Act. Nothing in this Section shall relieve the
5 court of its responsibility, under Section 2-14(a) of this
6 Act to act in a just and speedy manner to reunify families
7 where it is the best interests of the minor and the child can
8 be cared for at home without endangering the child's health
9 or safety and, if reunification is not in the best interests
10 of the minor, to find another permanent home for the minor.
11 Nothing in this Section, or in any order issued by the court
12 with respect to the placement of a minor with a foster
13 parent, shall impair the ability of the Department of
14 Children and Family Services, or anyone else authorized under
15 Section 5 of the Abused and Neglected Child Reporting Act, to
16 remove a minor from the home of a foster parent if the
17 Department of Children and Family Services or the person
18 removing the minor has reason to believe that the
19 circumstances or conditions of the minor are such that
20 continuing in the residence or care of the foster parent will
21 jeopardize the child's health and safety or present an
22 imminent risk of harm to that minor's life.
23 (c) If a foster parent has had the minor who is the
24 subject of the proceeding under Article II in his or her home
25 for more than one year on or after July 3, 1994 and if the
26 minor's placement is being terminated from that foster
27 parent's home, that foster parent shall have standing and
28 intervenor status except in those circumstances where the
29 Department of Children and Family Services or anyone else
30 authorized under Section 5 of the Abused and Neglected Child
31 Reporting Act has removed the minor from the foster parent
32 because of a reasonable belief that the circumstances or
33 conditions of the minor are such that continuing in the
34 residence or care of the foster parent will jeopardize the
HB0066 Enrolled -56- LRB9000715LDdv
1 child's health or safety or presents an imminent risk of harm
2 to the minor's life.
3 (d) The court may grant standing to any foster parent if
4 the court finds that it is in the best interest of the child
5 for the foster parent to have standing and intervenor status.
6 (3) Parties respondent are entitled to notice in
7 compliance with Sections 2-15 and 2-16, 3-17 and 3-18, 4-14
8 and 4-15 or 5-15 and 5-16, as appropriate. At the first
9 appearance before the court by the minor, his parents,
10 guardian, custodian or responsible relative, the court shall
11 explain the nature of the proceedings and inform the parties
12 of their rights under the first 2 paragraphs of this Section.
13 If the child is alleged to be abused, neglected or
14 dependent, the court shall admonish the parents that if the
15 court declares the child to be a ward of the court and awards
16 custody or guardianship to the Department of Children and
17 Family Services, the parents must cooperate with the
18 Department of Children and Family Services, comply with the
19 terms of the service plans, and correct the conditions that
20 require the child to be in care, or risk termination of their
21 parental rights.
22 Upon an adjudication of wardship of the court under
23 Sections 2-22, 3-23, 4-20 or 5-22, the court shall inform the
24 parties of their right to appeal therefrom as well as from
25 any other final judgment of the court.
26 When the court finds that a child is an abused,
27 neglected, or dependent minor under Section 2-21, the court
28 shall admonish the parents that the parents must cooperate
29 with the Department of Children and Family Services, comply
30 with the terms of the service plans, and correct the
31 conditions that require the child to be in care, or risk
32 termination of their parental rights.
33 When the court declares a child to be a ward of the court
34 and awards guardianship to the Department of Children and
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1 Family Services under Section 2-22, the court shall admonish
2 the parents, guardian, custodian, or responsible relative
3 that the parents must cooperate with the Department of
4 Children and Family Services, comply with the terms of the
5 service plans, and correct the conditions that require the
6 child to be in care, or risk termination of their parental
7 rights.
8 (4) No sanction may be applied against the minor who is
9 the subject of the proceedings by reason of his refusal or
10 failure to testify in the course of any hearing held prior to
11 final adjudication under Section 2-22, 3-23, 4-20 or 5-22.
12 (5) In the discretion of the court, the minor may be
13 excluded from any part or parts of a dispositional hearing
14 and, with the consent of the parent or parents, guardian,
15 counsel or a guardian ad litem, from any part or parts of an
16 adjudicatory hearing.
17 (6) The general public except for the news media and the
18 victim shall be excluded from any hearing and, except for the
19 persons specified in this Section only persons, including
20 representatives of agencies and associations, who in the
21 opinion of the court have a direct interest in the case or in
22 the work of the court shall be admitted to the hearing.
23 However, the court may, for the minor's safety and protection
24 and for good cause shown, prohibit any person or agency
25 present in court from further disclosing the minor's
26 identity.
27 (Source: P.A. 87-759; 88-7; 88-549, eff. 7-3-94; 88-550, eff.
28 7-3-94; 88-691, eff. 1-24-95; 89-235, eff. 8-4-95; 90HB165eng
29 with sam01.)
30 (705 ILCS 405/2-15) (from Ch. 37, par. 802-15)
31 Sec. 2-15. Summons. (1) When a petition is filed, the
32 clerk of the court shall issue a summons with a copy of the
33 petition attached. The summons shall be directed to the
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1 minor's legal guardian or custodian and to each person named
2 as a respondent in the petition, except that summons need not
3 be directed to a minor respondent under 8 years of age for
4 whom the court appoints a guardian ad litem if the guardian
5 ad litem appears on behalf of the minor in any proceeding
6 under this Act.
7 (2) The summons must contain a statement that the minor
8 or any of the respondents is entitled to have an attorney
9 present at the hearing on the petition, and that the clerk of
10 the court should be notified promptly if the minor or any
11 other respondent desires to be represented by an attorney but
12 is financially unable to employ counsel.
13 (3) The summons shall be issued under the seal of the
14 court, attested in and signed with the name of the clerk of
15 the court, dated on the day it is issued, and shall require
16 each respondent to appear and answer the petition on the date
17 set for the adjudicatory hearing. The summons shall contain a
18 notice that the parties will not be entitled to further
19 written notices or publication notices of proceedings in this
20 case, including the filing of an amended petition or a motion
21 to terminate parental rights, except as required by Supreme
22 Court Rule 11.
23 (4) The summons may be served by any county sheriff,
24 coroner or probation officer, even though the officer is the
25 petitioner. The return of the summons with endorsement of
26 service by the officer is sufficient proof thereof.
27 (5) Service of a summons and petition shall be made by:
28 (a) leaving a copy thereof with the person summoned at least
29 3 days before the time stated therein for appearance; (b)
30 leaving a copy at his usual place of abode with some person
31 of the family, of the age of 10 years or upwards, and
32 informing that person of the contents thereof, provided the
33 officer or other person making service shall also send a copy
34 of the summons in a sealed envelope with postage fully
HB0066 Enrolled -59- LRB9000715LDdv
1 prepaid, addressed to the person summoned at his usual place
2 of abode, at least 3 days before the time stated therein for
3 appearance; or (c) leaving a copy thereof with the guardian
4 or custodian of a minor, at least 3 days before the time
5 stated therein for appearance. If the guardian or custodian
6 is an agency of the State of Illinois, proper service may be
7 made by leaving a copy of the summons and petition with any
8 administrative employee of such agency designated by such
9 agency to accept service of summons and petitions. The
10 certificate of the officer or affidavit of the person that he
11 has sent the copy pursuant to this Section is sufficient
12 proof of service.
13 (6) When a parent or other person, who has signed a
14 written promise to appear and bring the minor to court or who
15 has waived or acknowledged service, fails to appear with the
16 minor on the date set by the court, a bench warrant may be
17 issued for the parent or other person, the minor, or both.
18 (7) The appearance of the minor's legal guardian or
19 custodian, or a person named as a respondent in a petition,
20 in any proceeding under this Act shall constitute a waiver of
21 service of summons and submission to the jurisdiction of the
22 court, except that the filing of a special appearance
23 authorized under Section 2-301 of the Code of Civil Procedure
24 does not constitute an appearance under this subsection. A
25 copy of the summons and petition shall be provided to the
26 person at the time of his appearance.
27 (Source: P.A. 86-441; 90HB165eng with sam01.)
28 (705 ILCS 405/2-16) (from Ch. 37, par. 802-16)
29 Sec. 2-16. Notice by certified mail or publication.
30 (1) If service on individuals as provided in Section
31 2-15 is not made on any respondent within a reasonable time
32 or if it appears that any respondent resides outside the
33 State, service may be made by certified mail. In such case
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1 the clerk shall mail the summons and a copy of the petition
2 to that respondent by certified mail marked for delivery to
3 addressee only. The court shall not proceed with the
4 adjudicatory hearing until 5 days after such mailing. The
5 regular return receipt for certified mail is sufficient proof
6 of service.
7 (2) Where a respondent's usual place of abode is not
8 known, a diligent inquiry shall be made to ascertain the
9 respondent's current and last known address. The Department
10 of Children and Family Services shall adopt rules defining
11 the requirements for conducting a diligent search to locate
12 parents of minors in the custody of the Department. If, after
13 diligent inquiry made at any time within the preceding 12
14 months, the usual place of abode cannot be reasonably
15 ascertained, or if respondent is concealing his or her
16 whereabouts to avoid service of process, petitioner's
17 attorney shall file an affidavit at the office of the clerk
18 of court in which the action is pending showing that
19 respondent on due inquiry cannot be found or is concealing
20 his or her whereabouts so that process cannot be served. The
21 affidavit shall state the last known address of the
22 respondent. The affidavit shall also state what efforts were
23 made to effectuate service. Within 3 days of receipt of the
24 affidavit, the clerk shall issue publication service as
25 provided below. The clerk shall also send a copy thereof by
26 mail addressed to each respondent listed in the affidavit at
27 his or her last known address. The clerk of the court as soon
28 as possible shall cause publication to be made once in a
29 newspaper of general circulation in the county where the
30 action is pending. Notice by publication is not required in
31 any case when the person alleged to have legal custody of the
32 minor has been served with summons personally or by certified
33 mail, but the court may not enter any order or judgment
34 against any person who cannot be served with process other
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1 than by publication unless notice by publication is given or
2 unless that person appears. When a minor has been sheltered
3 under Section 2-10 of this Act and summons has not been
4 served personally or by certified mail within 20 days from
5 the date of the order of court directing such shelter care,
6 the clerk of the court shall cause publication. Notice by
7 publication shall be substantially as follows:
8 "A, B, C, D, (here giving the names of the named
9 respondents, if any) and to All Whom It May Concern (if there
10 is any respondent under that designation):
11 Take notice that on the .... day of ...., 19.. a
12 petition was filed under the Juvenile Court Act by .... in
13 the circuit court of .... county entitled 'In the interest of
14 ...., a minor', and that in .... courtroom at .... on the
15 .... day of .... at the hour of ...., or as soon thereafter
16 as this cause may be heard, an adjudicatory hearing will be
17 held upon the petition to have the child declared to be a
18 ward of the court under that Act. THE COURT HAS AUTHORITY IN
19 THIS PROCEEDING TO TAKE FROM YOU THE CUSTODY AND GUARDIANSHIP
20 OF THE MINOR, TO TERMINATE YOUR PARENTAL RIGHTS, AND TO
21 APPOINT A GUARDIAN WITH POWER TO CONSENT TO ADOPTION. YOU
22 MAY LOSE ALL PARENTAL RIGHTS TO YOUR CHILD. IF THE PETITION
23 REQUESTS THE TERMINATION OF YOUR PARENTAL RIGHTS AND THE
24 APPOINTMENT OF A GUARDIAN WITH POWER TO CONSENT TO ADOPTION,
25 YOU MAY LOSE ALL PARENTAL RIGHTS TO THE CHILD. The court has
26 authority in this proceeding to take from you the custody and
27 guardianship of the minor. If the petition requests the
28 termination of your parental rights and the appointment of a
29 guardian with power to consent to adoption, you may lose all
30 parental rights to the child. Unless you appear you will not
31 be entitled to further written notices or publication notices
32 of the proceedings in this case, including the filing of an
33 amended petition or a motion to terminate parental rights.
34 Now, unless you appear at the hearing and show cause
HB0066 Enrolled -62- LRB9000715LDdv
1 against the petition, the allegations of the petition may
2 stand admitted as against you and each of you, and an order
3 or judgment entered.
4 ......................
5 Clerk
6 Dated (the date of publication)"
7 (3) The clerk shall also at the time of the publication
8 of the notice send a copy thereof by mail to each of the
9 respondents on account of whom publication is made at his or
10 her last known address. The certificate of the clerk that he
11 or she has mailed the notice is evidence thereof. No other
12 publication notice is required. Every respondent notified by
13 publication under this Section must appear and answer in open
14 court at the hearing. The court may not proceed with the
15 adjudicatory hearing until 10 days after service by
16 publication on any parent, guardian or legal custodian in the
17 case of a minor described in Section 2-3 or 2-4.
18 (4) If it becomes necessary to change the date set for
19 the hearing in order to comply with Section 2-14 or with this
20 Section, notice of the resetting of the date must be given,
21 by certified mail or other reasonable means, to each
22 respondent who has been served with summons personally or by
23 certified mail.
24 (Source: P.A. 88-614, eff. 9-7-94; 90HB165eng with sam01.)
25 (705 ILCS 405/2-17) (from Ch. 37, par. 802-17)
26 Sec. 2-17. Guardian ad litem.
27 (1) Immediately upon the filing of a petition alleging
28 that the minor is a person described in Sections 2-3 or 2-4
29 of this Article, the court shall appoint a guardian ad litem
30 for the minor if:
31 (a) such petition alleges that the minor is an
32 abused or neglected child; or
33 (b) such petition alleges that charges alleging the
HB0066 Enrolled -63- LRB9000715LDdv
1 commission of any of the sex offenses defined in Article
2 11 or in Sections 12-13, 12-14, 12-14.1, 12-15 or 12-16
3 of the Criminal Code of 1961, as amended, have been filed
4 against a defendant in any court and that such minor is
5 the alleged victim of the acts of defendant in the
6 commission of such offense.
7 Unless the guardian ad litem appointed pursuant to this
8 paragraph (1) is an attorney at law he shall be represented
9 in the performance of his duties by counsel. The guardian ad
10 litem shall represent the best interests of the minor and
11 shall present recommendations to the court consistent with
12 that duty.
13 (2) Before proceeding with the hearing, the court shall
14 appoint a guardian ad litem for the minor if
15 (a) no parent, guardian, custodian or relative of
16 the minor appears at the first or any subsequent hearing
17 of the case;
18 (b) the petition prays for the appointment of a
19 guardian with power to consent to adoption; or
20 (c) the petition for which the minor is before the
21 court resulted from a report made pursuant to the Abused
22 and Neglected Child Reporting Act.
23 (3) The court may appoint a guardian ad litem for the
24 minor whenever it finds that there may be a conflict of
25 interest between the minor and his parents or other custodian
26 or that it is otherwise in the minor's best interest to do
27 so.
28 (4) Unless the guardian ad litem is an attorney, he
29 shall be represented by counsel.
30 (5) The reasonable fees of a guardian ad litem appointed
31 under this Section shall be fixed by the court and charged to
32 the parents of the minor, to the extent they are able to pay.
33 If the parents are unable to pay those fees, they shall be
34 paid from the general fund of the county.
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1 Whenever the petition alleges that the minor is neglected
2 or abused because of physical abuse inflicted by the parent
3 or guardian the guardian ad litem must have at least one face
4 to face interview with the minor before the beginning of the
5 adjudicatory hearing.
6 (6) A guardian ad litem appointed under this Section,
7 shall receive copies of any and all classified reports of
8 child abuse and neglect made under the Abused and Neglected
9 Child Reporting Act in which the minor who is the subject of
10 a report under the Abused and Neglected Child Reporting Act,
11 is also the minor for whom the guardian ad litem is appointed
12 under this Section.
13 (7) In counties with a population less than 3,000,000,
14 The appointed guardian ad litem shall remain the child's
15 guardian ad litem throughout the entire juvenile trial court
16 proceedings, including permanency hearings and termination of
17 parental rights proceedings, unless there is a substitution
18 entered by order of the court.
19 (8) In counties with a population of less than
20 3,000,000, The guardian ad litem or an agent of the guardian
21 ad litem shall have a minimum of one 2 in-person contact
22 contacts with the minor and one contact with one of the
23 current foster parents or caregivers caregiver prior to the
24 adjudicatory hearing, and at least one additional in-person
25 contact with the child and one contact with one of the
26 current foster parents or caregivers after the adjudicatory
27 hearing but caregiver prior to the first each permanency
28 hearing and one additional in-person contact with the child
29 and one contact with one of the current foster parents or
30 caregivers each subsequent year. For good cause shown, the
31 judge may excuse face-to-face interviews required in this
32 subsection.
33 (9) In counties with a population of 100,000 or more but
34 less than 3,000,000, each guardian ad litem must successfully
HB0066 Enrolled -65- LRB9000715LDdv
1 complete a training program approved by the Department of
2 Children and Family Services. The Department of Children and
3 Family Services shall provide training materials and
4 documents to guardians ad litem who are not mandated to
5 attend the training program. The Department of Children and
6 Family Services shall develop and distribute to all guardians
7 ad litem a bibliography containing information including but
8 not limited to the juvenile court process, termination of
9 parental rights, child development, medical aspects of child
10 abuse, and the child's need for safety and permanence.
11 (Source: P.A. 88-7; 89-428, eff. 12-13-95; 89-462, eff.
12 5-29-96; 90HB165eng with sam01.)
13 (705 ILCS 405/2-20) (from Ch. 37, par. 802-20)
14 Sec. 2-20. Continuance under supervision.
15 (1) The court may enter an order of continuance under
16 supervision (a) upon an admission or stipulation by the
17 appropriate respondent or minor respondent of the facts
18 supporting the petition and before proceeding to findings and
19 adjudication, or after hearing the evidence at the
20 adjudicatory hearing but before noting in the minutes of
21 proceeding a finding of whether or not the minor is abused,
22 neglected or dependent; and (b) in the absence of objection
23 made in open court by the minor, his parent, guardian,
24 custodian, responsible relative, defense attorney or the
25 State's Attorney.
26 (2) If the minor, his parent, guardian, custodian,
27 responsible relative, defense attorney or the State's
28 Attorney, objects in open court to any such continuance and
29 insists upon proceeding to findings and adjudication, the
30 court shall so proceed.
31 (3) Nothing in this Section limits the power of the
32 court to order a continuance of the hearing for the
33 production of additional evidence or for any other proper
HB0066 Enrolled -66- LRB9000715LDdv
1 reason.
2 (4) When a hearing where a minor is alleged to be
3 abused, neglected or dependent is continued pursuant to this
4 Section, the court may permit the minor to remain in his home
5 if the court determines and makes written factual findings
6 that the minor can be cared for at home when consistent with
7 the minor's without endangering his or her health, or safety,
8 and that it is in the minor's best interests to do so,
9 subject to such conditions concerning his conduct and
10 supervision as the court may require by order.
11 (5) If a petition is filed charging a violation of a
12 condition of the continuance under supervision, the court
13 shall conduct a hearing. If the court finds that such
14 condition of supervision has not been fulfilled the court may
15 proceed to findings and adjudication and disposition. The
16 filing of a petition for violation of a condition of the
17 continuance under supervision shall toll the period of
18 continuance under supervision until the final determination
19 of the charge, and the term of the continuance under
20 supervision shall not run until the hearing and disposition
21 of the petition for violation; provided where the petition
22 alleges conduct that does not constitute a criminal offense,
23 the hearing must be held within 15 days of the filing of the
24 petition unless a delay in such hearing has been occasioned
25 by the minor, in which case the delay shall continue the
26 tolling of the period of continuance under supervision for
27 the period of such delay.
28 (Source: P.A. 88-7; 90HB165eng with sam01.)
29 (705 ILCS 405/2-21) (from Ch. 37, par. 802-21)
30 (Text of Section before amendment by P.A. 89-704)
31 Sec. 2-21. Findings and adjudication.
32 (1) After hearing the evidence the court shall determine
33 whether or not the minor is abused, neglected, or dependent.
HB0066 Enrolled -67- LRB9000715LDdv
1 If it finds that the minor is not such a person, the court
2 shall order the petition dismissed and the minor discharged.
3 The court's determination of whether the minor is abused,
4 neglected, or dependent shall be stated in writing with the
5 factual basis supporting that determination.
6 If the court finds that the minor is abused, neglected,
7 or dependent, the court shall then determine and put in
8 writing the factual basis supporting the determination of
9 whether the abuse, neglect, or dependency is the result of
10 physical abuse to the minor inflicted by a parent, guardian,
11 or legal custodian. That finding shall appear in the order
12 of the court.
13 (2) If the court determines and puts in writing the
14 factual basis supporting the determination that the minor is
15 either abused or neglected or dependent, the court shall then
16 set a time not later than 30 days after the entry of the
17 finding for a dispositional hearing to be conducted under
18 Section 2-22 at which hearing the court shall determine
19 whether it is in the best interests of the minor and the
20 public that he be made a ward of the court. To assist the
21 court in making this and other determinations at the
22 dispositional hearing, the court may order that an
23 investigation be conducted and a dispositional report be
24 prepared concerning the minor's physical and mental history
25 and condition, family situation and background, economic
26 status, education, occupation, history of delinquency or
27 criminality, personal habits, and any other information that
28 may be helpful to the court. The dispositional hearing may
29 be continued once for a period not to exceed 30 days if the
30 court finds that such continuance is necessary to complete
31 the dispositional report.
32 (3) The time limits of this Section may be waived only
33 by consent of all parties and approval by the court, as
34 determined to be in the best interests of the minor.
HB0066 Enrolled -68- LRB9000715LDdv
1 (4) For all cases adjudicated prior to July 1, 1991, for
2 which no dispositional hearing has been held prior to that
3 date, a dispositional hearing under Section 2-22 shall be
4 held within 90 days of July 1, 1991.
5 (Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
6 12-2-94; 90HB165eng with sam01.)
7 (Text of Section after amendment by P.A. 89-704)
8 Sec. 2-21. Findings and adjudication.
9 (1) The court shall state for the record the manner in
10 which the parties received service of process and shall note
11 whether the return or returns of service, postal return
12 receipt or receipts for notice by certified mail, or
13 certificate or certificates of publication have been filed in
14 the court record. The court shall enter any appropriate
15 orders of default against any parent who has been properly
16 served in any manner and fails to appear.
17 No further service of process as defined in Sections 2-15
18 and 2-16 is required in any subsequent proceeding for a
19 parent who was properly served in any manner, except as
20 required by Supreme Court Rule 11.
21 The caseworker shall testify about the diligent search
22 conducted for the parent.
23 After hearing the evidence the court shall determine
24 whether or not the minor is abused, neglected, or dependent.
25 If it finds that the minor is not such a person, the court
26 shall order the petition dismissed and the minor discharged.
27 The court's determination of whether the minor is abused,
28 neglected, or dependent shall be stated in writing with the
29 factual basis supporting that determination.
30 If the court finds that the minor is abused, neglected,
31 or dependent, the court shall then determine and put in
32 writing the factual basis supporting the determination of
33 whether the abuse, neglect, or dependency is the result of
34 physical abuse to the minor inflicted by a parent, guardian,
HB0066 Enrolled -69- LRB9000715LDdv
1 or legal custodian. That finding shall appear in the order
2 of the court.
3 If the court finds that the child has been abused,
4 neglected or dependent, the court shall admonish the parents
5 that they must cooperate with the Department of Children and
6 Family Services, comply with the terms of the service plan,
7 and correct the conditions that require the child to be in
8 care, or risk termination of parental rights.
9 (2) If the court determines and puts in writing the
10 factual basis supporting the determination that the minor is
11 either abused or neglected or dependent, the court shall then
12 set a time not later than 30 days after the entry of the
13 finding for a dispositional hearing to be conducted under
14 Section 2-22 at which hearing the court shall determine
15 whether it is consistent with the health, safety and best
16 interests of the minor and the public that he be made a ward
17 of the court. To assist the court in making this and other
18 determinations at the dispositional hearing, the court may
19 order that an investigation be conducted and a dispositional
20 report be prepared concerning the minor's physical and mental
21 history and condition, family situation and background,
22 economic status, education, occupation, history of
23 delinquency or criminality, personal habits, and any other
24 information that may be helpful to the court. The
25 dispositional hearing may be continued once for a period not
26 to exceed 30 days if the court finds that such continuance is
27 necessary to complete the dispositional report.
28 (3) The time limits of this Section may be waived only
29 by consent of all parties and approval by the court, as
30 determined to be consistent with the health, safety and best
31 interests of the minor.
32 (4) For all cases adjudicated prior to July 1, 1991, for
33 which no dispositional hearing has been held prior to that
34 date, a dispositional hearing under Section 2-22 shall be
HB0066 Enrolled -70- LRB9000715LDdv
1 held within 90 days of July 1, 1991.
2 (5) The court may terminate the parental rights of a
3 parent at the initial dispositional hearing if all of the
4 following conditions are met:
5 (i) the original or amended petition contains a
6 request for termination of parental rights and
7 appointment of a guardian with power to consent to
8 adoption; and
9 (ii) the court has found by a preponderance of
10 evidence, introduced or stipulated to at an adjudicatory
11 hearing, that the child comes under the jurisdiction of
12 the court as an abused, neglected, or dependent minor
13 under Section 2-18; and
14 (iii) the court finds, on the basis of clear and
15 convincing evidence admitted at the adjudicatory hearing
16 that the parent is an unfit person under subdivision D of
17 Section 1 of the Adoption Act; and
18 (iv) the court determines in accordance with the
19 rules of evidence for dispositional proceedings, that:
20 (A) it is in the best interest of the minor
21 and public that the child be made a ward of the
22 court;
23 (A-5) reasonable efforts under subsection
24 (l-1) of Section 5 of the Children and Family
25 Services Act are inappropriate or such efforts were
26 made and were unsuccessful; and
27 (B) termination of parental rights and
28 appointment of a guardian with power to consent to
29 adoption is in the best interest of the child
30 pursuant to Section 2-29.
31 (Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
32 12-2-94; 89-704, eff. 1-1-98; 90HB165eng with sam01.)
33 (705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
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1 Sec. 2-23. Kinds of dispositional orders.
2 (1) The following kinds of orders of disposition may be
3 made in respect of wards of the court:
4 (a) A minor under 18 years of age found to be
5 neglected or abused under Section 2-3 may be (1)
6 continued in the custody of his or her parents, guardian
7 or legal custodian; (2) placed in accordance with Section
8 2-27; or (3) ordered partially or completely emancipated
9 in accordance with the provisions of the Emancipation of
10 Mature Minors Act.
11 However, in any case in which a minor is found by
12 the court to be neglected or abused under Section 2-3 of
13 this Act, custody of the minor shall not be restored to
14 any parent, guardian or legal custodian found by the
15 court to have caused the neglect or to have inflicted the
16 abuse on the minor, unless it is in the best interests of
17 the minor, until such time as a hearing is held on the
18 issue of the best interests of the minor and the fitness
19 of such parent, guardian or legal custodian to care for
20 the minor without endangering the minor's health or
21 safety, and the court enters an order that such parent,
22 guardian or legal custodian is fit to care for the minor.
23 (b) A minor under 18 years of age found to be
24 dependent under Section 2-4 may be (1) placed in
25 accordance with Section 2-27 or (2) ordered partially or
26 completely emancipated in accordance with the provisions
27 of the Emancipation of Mature Minors Act.
28 However, in any case in which a minor is found by
29 the court to be dependent under Section 2-4 of this Act
30 and the court has made a further finding under paragraph
31 (2) of Section 2-21 that such dependency is the result of
32 physical abuse, custody of the minor shall not be
33 restored to any parent, guardian or legal custodian found
34 by the court to have inflicted physical abuse on the
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1 minor until such time as a hearing is held on the issue
2 of the fitness of such parent, guardian or legal
3 custodian to care for the minor without endangering the
4 minor's health or safety, and the court enters an order
5 that such parent, guardian or legal custodian is fit to
6 care for the minor.
7 (c) When the court awards guardianship to the
8 Department of Children and Family Services, the court
9 shall order the parents to cooperate with the Department
10 of Children and Family Services, comply with the terms of
11 the service plans, and correct the conditions
12 combinations that require the child to be in care, or
13 risk termination of their parental rights.
14 (d) When the court orders a child restored to the
15 custody of the parent or parents, the court shall order
16 the parent or parents to cooperate with the Department of
17 Children and Family Services and comply with the terms of
18 an after-care plan, or risk the loss of custody of the
19 child and the possible termination of their parental
20 rights.
21 (2) Any order of disposition may provide for protective
22 supervision under Section 2-24 and may include an order of
23 protection under Section 2-25.
24 Unless the order of disposition expressly so provides, it
25 does not operate to close proceedings on the pending
26 petition, but is subject to modification, not inconsistent
27 with Section 2-28, until final closing and discharge of the
28 proceedings under Section 2-31.
29 (3) The court also shall enter any other orders
30 necessary to fulfill the service plan, including, but not
31 limited to, (i) orders requiring parties to cooperate with
32 services, (ii) restraining orders controlling the conduct of
33 any party likely to frustrate the achievement of the goal,
34 and (iii) visiting orders. Unless otherwise specifically
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1 authorized by law, the court is not empowered under this
2 subsection (3) to order specific placements, specific
3 services, or specific service providers to be included in the
4 plan. If the court concludes that the Department of Children
5 and Family Services has abused its discretion in setting the
6 current service plan or permanency goal for the minor, the
7 court shall enter specific findings in writing based on the
8 evidence and shall enter an order for the Department to
9 develop and implement a new permanency goal and service plan
10 consistent with the court's findings. The new service plan
11 shall be filed with the court and served on all parties. The
12 court shall continue the matter until the new service plan is
13 filed.
14 (4) In addition to any other order of disposition, the
15 court may order any minor adjudicated neglected with respect
16 to his or her own injurious behavior to make restitution, in
17 monetary or non-monetary form, under the terms and conditions
18 of Section 5-5-6 of the Unified Code of Corrections, except
19 that the "presentence hearing" referred to therein shall be
20 the dispositional hearing for purposes of this Section. The
21 parent, guardian or legal custodian of the minor may pay some
22 or all of such restitution on the minor's behalf.
23 (5) Any order for disposition where the minor is
24 committed or placed in accordance with Section 2-27 shall
25 provide for the parents or guardian of the estate of such
26 minor to pay to the legal custodian or guardian of the person
27 of the minor such sums as are determined by the custodian or
28 guardian of the person of the minor as necessary for the
29 minor's needs. Such payments may not exceed the maximum
30 amounts provided for by Section 9.1 of the Children and
31 Family Services Act.
32 (6) Whenever the order of disposition requires the minor
33 to attend school or participate in a program of training, the
34 truant officer or designated school official shall regularly
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1 report to the court if the minor is a chronic or habitual
2 truant under Section 26-2a of the School Code.
3 (7) The court may terminate the parental rights of a
4 parent at the initial dispositional hearing if all of the
5 conditions in subsection (5) of Section 2-21 are met.
6 (Source: P.A. 88-7; 88-487; 88-670, eff. 12-2-94; 89-17, eff.
7 5-31-95; 89-235, eff. 8-4-95; 90HB165eng with sam01.)
8 (705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
9 Sec. 2-27. Placement; legal custody or guardianship.
10 (1) If the court determines and puts in writing the
11 factual basis supporting the determination of whether the
12 parents, guardian, or legal custodian of a minor adjudged a
13 ward of the court are unfit or are unable, for some reason
14 other than financial circumstances alone, to care for,
15 protect, train or discipline the minor or are unwilling to do
16 so, and that the health, safety, and best interest of the
17 minor will be jeopardized if the minor remains in the custody
18 of his parents, guardian or custodian, the court may at this
19 hearing and at any later point:
20 (a) place him in the custody of a suitable relative
21 or other person as legal custodian or guardian;
22 (b) place him under the guardianship of a probation
23 officer;
24 (c) commit him to an agency for care or placement,
25 except an institution under the authority of the
26 Department of Corrections or of the Department of
27 Children and Family Services;
28 (d) commit him to the Department of Children and
29 Family Services for care and service; however, a minor
30 charged with a criminal offense under the Criminal Code
31 of 1961 or adjudicated delinquent shall not be placed in
32 the custody of or committed to the Department of Children
33 and Family Services by any court, except a minor less
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1 than 13 years of age and committed to the Department of
2 Children and Family Services under Section 5-23 of this
3 Act. The Department shall be given due notice of the
4 pendency of the action and the Guardianship Administrator
5 of the Department of Children and Family Services shall
6 be appointed guardian of the person of the minor.
7 Whenever the Department seeks to discharge a minor from
8 its care and service, the Guardianship Administrator
9 shall petition the court for an order terminating
10 guardianship. The Guardianship Administrator may
11 designate one or more other officers of the Department,
12 appointed as Department officers by administrative order
13 of the Department Director, authorized to affix the
14 signature of the Guardianship Administrator to documents
15 affecting the guardian-ward relationship of children for
16 whom he has been appointed guardian at such times as he
17 is unable to perform the duties of his office. The
18 signature authorization shall include but not be limited
19 to matters of consent of marriage, enlistment in the
20 armed forces, legal proceedings, adoption, major medical
21 and surgical treatment and application for driver's
22 license. Signature authorizations made pursuant to the
23 provisions of this paragraph shall be filed with the
24 Secretary of State and the Secretary of State shall
25 provide upon payment of the customary fee, certified
26 copies of the authorization to any court or individual
27 who requests a copy.
28 (1.5) In making a determination under this Section, the
29 court shall also consider whether, based on health, safety,
30 and the best interests of the minor,
31 (a) appropriate services aimed at family
32 preservation and family reunification have been
33 unsuccessful in rectifying the conditions that have led
34 to a finding of unfitness or inability to care for,
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1 protect, train, or discipline the minor, or
2 (b) no family preservation or family reunification
3 services would be appropriate,
4 and if the petition or amended petition contained an
5 allegation that the parent is an unfit person as defined in
6 subdivision (D) of Section 1 of the Adoption Act, and the
7 order of adjudication recites that parental unfitness was
8 established by clear and convincing evidence, the court
9 shall, when appropriate and in the best interest of the
10 minor, enter an order terminating parental rights and
11 appointing a guardian with power to consent to adoption in
12 accordance with Section 2-29.
13 When making a placement, the court, wherever possible,
14 shall require the Department of Children and Family Services
15 to select a person holding the same religious belief as that
16 of the minor or a private agency controlled by persons of
17 like religious faith of the minor and shall require the
18 Department to otherwise comply with Section 7 of the Children
19 and Family Services Act in placing the child. In addition,
20 whenever alternative plans for placement are available, the
21 court shall ascertain and consider, to the extent appropriate
22 in the particular case, the views and preferences of the
23 minor.
24 (2) When a minor is placed with a suitable relative or
25 other person pursuant to item (a) of subsection (1), the
26 court shall appoint him the legal custodian or guardian of
27 the person of the minor. When a minor is committed to any
28 agency, the court shall appoint the proper officer or
29 representative thereof as legal custodian or guardian of the
30 person of the minor. Legal custodians and guardians of the
31 person of the minor have the respective rights and duties set
32 forth in subsection (9) of Section 1-3 except as otherwise
33 provided by order of court; but no guardian of the person may
34 consent to adoption of the minor unless that authority is
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1 conferred upon him in accordance with Section 2-29. An agency
2 whose representative is appointed guardian of the person or
3 legal custodian of the minor may place him in any child care
4 facility, but the facility must be licensed under the Child
5 Care Act of 1969 or have been approved by the Department of
6 Children and Family Services as meeting the standards
7 established for such licensing. No agency may place a minor
8 adjudicated under Sections 2-3 or 2-4 in a child care
9 facility unless the placement is in compliance with the rules
10 and regulations for placement under this Section promulgated
11 by the Department of Children and Family Services under
12 Section 5 of the Children and Family Services Act. Like
13 authority and restrictions shall be conferred by the court
14 upon any probation officer who has been appointed guardian of
15 the person of a minor.
16 (3) No placement by any probation officer or agency
17 whose representative is appointed guardian of the person or
18 legal custodian of a minor may be made in any out of State
19 child care facility unless it complies with the Interstate
20 Compact on the Placement of Children. Placement with a
21 parent, however, is not subject to that Interstate Compact.
22 (4) The clerk of the court shall issue to the legal
23 custodian or guardian of the person a certified copy of the
24 order of court, as proof of his authority. No other process
25 is necessary as authority for the keeping of the minor.
26 (5) Custody or guardianship granted under this Section
27 continues until the court otherwise directs, but not after
28 the minor reaches the age of 19 years except as set forth in
29 Section 2-31.
30 (6) At the dispositional hearing, the court shall
31 consider whether it is appropriate for a motion to be filed
32 to terminate parental rights and appoint a guardian with
33 power to consent to adoption with regard to a parent:
34 (A) whose identity still remains unknown;
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1 (B) whose whereabouts remain unknown;
2 (C) who was found in default at the adjudicatory
3 hearing and has not obtained an order setting aside the
4 default in accordance with Section 2-1301 of the Code of
5 Civil Procedure.
6 Notice to a parent for whom an order of default has been
7 entered on the petition for wardship and has not been set
8 aside shall be provided in accordance with Sections 2-15 and
9 2-16. If a parent's identity or whereabouts are unknown, and
10 a diligent inquiry for such parent has been made at any time
11 within the preceding 12 months, no further inquiry is
12 required to support notice by publication.
13 If the court determines such a motion to be appropriate,
14 it may order the motion to be filed. The court, upon motion,
15 may enter an order terminating parental rights upon
16 appropriate finding and appoint a guardian with power to
17 consent to adoption in accordance with this subsection before
18 or at the first permanency hearing.
19 (Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
20 12-2-94; 89-21, eff. 7-1-95; 89-422; 89-626, eff. 8-9-96;
21 90HB165eng with sam01.)
22 (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
23 Sec. 2-28. Court review.
24 (1) The court may require any legal custodian or
25 guardian of the person appointed under this Act to report
26 periodically to the court or may cite him into court and
27 require him or his agency, to make a full and accurate report
28 of his or its doings in behalf of the minor. The custodian
29 or guardian, within 10 days after such citation, shall make
30 the report, either in writing verified by affidavit or orally
31 under oath in open court, or otherwise as the court directs.
32 Upon the hearing of the report the court may remove the
33 custodian or guardian and appoint another in his stead or
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1 restore the minor to the custody of his parents or former
2 guardian or custodian. However, custody of the minor shall
3 not be restored to any parent, guardian or legal custodian in
4 any case in which the minor is found to be neglected or
5 abused under Section 2-3 of this Act, unless the minor can be
6 cared for at home without endangering the minor's health or
7 safety and it is in the best interests of the minor, and if
8 such neglect or abuse is found by the court under paragraph
9 (2) of Section 2-21 of this Act to be the result of physical
10 abuse inflicted on the minor by such parent, guardian or
11 legal custodian, until such time as an investigation is made
12 as provided in paragraph (5) and a hearing is held on the
13 issue of the fitness of such parent, guardian or legal
14 custodian to care for the minor and the court enters an order
15 that such parent, guardian or legal custodian is fit to care
16 for the minor.
17 (2) In counties under 3,000,000 population, permanency
18 hearings shall be conducted by the judge court. In counties
19 with a population of 3,000,000 or more, the first permanency
20 hearing shall be conducted by a judge. Subsequent permanency
21 hearings may be heard by a judge or by hearing officers
22 appointed or approved by the court in the manner set forth in
23 Section 2-28.1 of this Act. The initial hearing shall be
24 held within 12 months from the date temporary custody was
25 taken. Subsequent permanency hearings shall be held every 6
26 months or more frequently if necessary in the court's
27 determination following the initial permanency hearing, in
28 accordance with the standards set forth in this Section,
29 until the court determines that the plan and goal have been
30 achieved. Once the plan and goal have been achieved, if the
31 minor remains in substitute care, the case shall be reviewed
32 at least every 6 months thereafter, subject to the provisions
33 of this Section, unless the minor is placed in the
34 guardianship of a suitable relative or other person and the
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1 court determines that further monitoring by the court does
2 not further the health, safety or best interest of the child
3 and that this is a stable permanent placement. The permanency
4 hearings must occur within the time frames set forth in this
5 subsection and may not be delayed in anticipation of a report
6 from any source on or due to the agency's failure to timely
7 file its written report (this written report means the one
8 required under the next paragraph and does not mean the
9 service plan also referred to in that paragraph).
10 The public agency that is the custodian or guardian of
11 the minor, or another agency responsible for the minor's
12 care, shall ensure that all parties to the permanency
13 hearings are provided a copy of the most recent service plan
14 prepared within the prior 6 months at least 14 days in
15 advance of the hearing. If not contained in the plan, the
16 agency shall also include a report setting forth (i) any
17 special physical, psychological, educational, medical,
18 emotional, or other needs of the minor or his or her family
19 that are relevant to a permanency or placement determination
20 and (ii) for any minor age 16 or over, a written description
21 of the programs and services that will enable the minor to
22 prepare for independent living. The agency's written report
23 must detail what progress or lack of progress the parent has
24 made in correcting the conditions requiring the child to be
25 in care; whether the child can be returned home without
26 jeopardizing the child's health, safety, and welfare, and if
27 not, what permanency goal is recommended to be in the best
28 interests of the child, and why the other permanency goals
29 are not appropriate explain why the child cannot be returned
30 home without jeopardizing the child's health, safety and
31 welfare and why termination of parental rights or private
32 guardianship is not in the best interests of the child. The
33 caseworker must appear and testify at the permanency hearing.
34 If a permanency review hearing has not previously been
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1 scheduled by the court, the moving party shall move for the
2 setting of a permanency hearing and the entry of an order
3 within the time frames set forth in this subsection.
4 At the permanency hearing, the court shall determine the
5 future status of the child. The court shall set one of the
6 following permanency goals:
7 (A) The minor will be returned home by a specific
8 date within 5 months.
9 (B) The minor will be in short-term care with a
10 continued goal to return home within a period not to
11 exceed one year, where the progress of the parent or
12 parents is substantial giving particular consideration to
13 considering the age and individual needs of the minor.
14 (B-1) The minor will be in short-term care with a
15 continued goal to return home pending a status hearing.
16 When the court finds that a parent has not made
17 reasonable efforts or reasonable progress to date, the
18 court shall identify what actions the parent and the
19 Department must take in order to justify a finding of
20 reasonable efforts or reasonable progress and shall set a
21 status hearing to be held not earlier than 9 months from
22 the date of adjudication nor later than 11 months from
23 the date of adjudication during which the parent's
24 progress will again be reviewed.
25 (C) The minor will be in substitute care pending
26 court determination on termination of parental rights.
27 (D) Adoption, provided that parental rights have
28 been terminated or relinquished.
29 (E) The guardianship of the minor will be
30 transferred to an individual or couple on a permanent
31 basis provided that goals (A) through (D) have been ruled
32 out.
33 (F) The minor over age 12 will be in substitute
34 care pending independence.
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1 (G) The minor will be in substitute care because he
2 or she cannot be provided for in a home environment due
3 to developmental disabilities or mental illness or
4 because he or she is a danger to self or others, provided
5 that goals (A) through (D) have been ruled out.
6 In selecting any permanency goal, the court shall
7 indicate in writing the reasons the goal was selected and why
8 the preceding goals were ruled out. Where the court has
9 selected a permanency goal other than (A), (B), or (B-1), the
10 Department of Children and Family Services shall not provide
11 further reunification services, but shall provide services
12 consistent with the goal selected.
13 The court shall consider the following factors when
14 setting the permanency goal:
15 (1) Age of the child.
16 (2) Options available for permanence.
17 (3) Current placement of the child and the intent
18 of the family regarding adoption.
19 (4) Emotional, physical, and mental status or
20 condition of the child.
21 (5) Types of services previously offered and
22 whether or not the services were successful and, if not
23 successful, the reasons the services failed.
24 (6) Availability of services currently needed and
25 whether the services exist.
26 (7) Status of siblings of the minor.
27 The court shall consider review (i) the appropriateness
28 of the permanency goal contained in the service plan, (ii)
29 the appropriateness of the services contained in the plan and
30 whether those services have been provided, (iii) whether
31 reasonable efforts have been made by all the parties to the
32 service plan to achieve the goal, and (iv) whether the plan
33 and goal have been achieved. All evidence relevant to
34 determining these questions, including oral and written
HB0066 Enrolled -83- LRB9000715LDdv
1 reports, may be admitted and may be relied on to the extent
2 of their probative value.
3 If the goal has been achieved, the court shall enter
4 orders that are necessary to conform the minor's legal
5 custody and status to those findings.
6 If, after receiving evidence, the court determines that
7 the services contained in the plan are not reasonably
8 calculated to facilitate achievement of the permanency goal,
9 the court shall put in writing the factual basis supporting
10 the determination and enter specific findings based on the
11 evidence. The court also shall enter an order for the
12 Department to develop and implement a new service plan or to
13 implement changes to the current service plan consistent with
14 the court's findings. The new service plan shall be filed
15 with the court and served on all parties within 45 days of
16 the date of the order. The court shall continue the matter
17 until the new service plan is filed. Unless otherwise
18 specifically authorized by law, the court is not empowered
19 under this subsection (2) or under subsection (3) to order
20 specific placements, specific services, or specific service
21 providers to be included in the plan.
22 A guardian or custodian appointed by the court pursuant
23 to this Act shall file updated case plans with the court
24 every 6 months until the permanency goal set by the court has
25 been achieved.
26 Rights of wards of the court under this Act are
27 enforceable against any public agency by complaints for
28 relief by mandamus filed in any proceedings brought under
29 this Act.
30 (3) Following the permanency hearing, the court shall
31 enter a written order that includes the determinations
32 required under subsection (2) of Section 2-28, and sets forth
33 the following an order setting forth the following
34 determinations in writing:
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1 (a) The future status of the minor, including the
2 permanency goal, and any order necessary to conform the
3 minor's legal custody and status to such determination;
4 or
5 (b) if the permanency goal of the minor cannot be
6 achieved immediately, the specific reasons for continuing
7 the minor in the care of the Department of Children and
8 Family Services or other agency for short term placement,
9 and the following determinations:
10 (i) (Blank).
11 (ii) Whether the services required by the
12 court and by any service plan prepared within the
13 prior 6 months have been provided and (A) if so,
14 whether the services were reasonably calculated to
15 facilitate the achievement of the permanency goal or
16 (B) if not provided, why the services were not
17 provided.
18 (iii) Whether the minor's placement is
19 necessary, and appropriate to the plan and goal,
20 recognizing the right of minors to the least
21 restrictive (most family-like) setting available and
22 in close proximity to the parents' home consistent
23 with the health, safety, best interest and special
24 needs of the minor and, if the minor is placed
25 out-of-State, whether the out-of-State placement
26 continues to be appropriate and consistent with the
27 health, safety, and best interest of the minor.
28 (iv) (Blank).
29 (v) (Blank).
30 When a motion is before the court seeking termination of
31 parental rights of a parent in accordance with Section
32 2-27.5, the court shall enter an order terminating parental
33 rights and appointing a guardian with power to consent to
34 adoption with regard to the parent identified in the motion.
HB0066 Enrolled -85- LRB9000715LDdv
1 Any order entered pursuant to this subsection (3) shall
2 be immediately appealable as a matter of right under Supreme
3 Court Rule 304(b)(1).
4 (4) The minor or any person interested in the minor may
5 apply to the court for a change in custody of the minor and
6 the appointment of a new custodian or guardian of the person
7 or for the restoration of the minor to the custody of his
8 parents or former guardian or custodian.
9 When return home is not selected as the permanency goal:
10 (a) The State's Attorney or the current foster
11 parent or relative caregiver seeking private guardianship
12 may file a motion for private guardianship of the minor.
13 Appointment of a guardian under this Section requires
14 approval of the court and the Department of Children and
15 Family Services must approve the appointment of a
16 guardian under this Section.
17 (b) the State's Attorney may file a motion to
18 terminate parental rights of any parent who has failed to
19 make reasonable efforts to correct the conditions which
20 led to the removal of the child or reasonable progress
21 toward the return of the child, as defined in subdivision
22 (D)(m) of Section 1 of the Adoption Act or for whom any
23 other unfitness ground for terminating parental rights as
24 defined in subdivision (D) of Section 1 of the Adoption
25 Act exists.
26 Custody of the minor shall not be restored to any parent,
27 guardian or legal custodian in any case in which the minor is
28 found to be neglected or abused under Section 2-3 of this
29 Act, unless the minor can be cared for at home without
30 endangering his or her health or safety and it is in the best
31 interest of the minor, and if such neglect or abuse is found
32 by the court under paragraph (2) of Section 2-21 of this Act
33 to be the result of physical abuse inflicted on the minor by
34 such parent, guardian or legal custodian, until such time as
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1 an investigation is made as provided in paragraph (4) and a
2 hearing is held on the issue of the health, safety and best
3 interest of the minor and the fitness of such parent,
4 guardian or legal custodian to care for the minor and the
5 court enters an order that such parent, guardian or legal
6 custodian is fit to care for the minor. In the event that
7 the minor has attained 18 years of age and the guardian or
8 custodian petitions the court for an order terminating his
9 guardianship or custody, guardianship or custody shall
10 terminate automatically 30 days after the receipt of the
11 petition unless the court orders otherwise. No legal
12 custodian or guardian of the person may be removed without
13 his consent until given notice and an opportunity to be heard
14 by the court.
15 When the court orders a child restored to the custody of
16 the parent or parents, the court shall order the parent or
17 parents to cooperate with the Department of Children and
18 Family Services and comply with the terms of an after-care
19 plan, or risk the loss of custody of the child and possible
20 termination of their parental rights. The court may also
21 enter an order of protective supervision in accordance with
22 Section 2-24.
23 (5) Whenever a parent, guardian, or legal custodian
24 files a motion for restoration of custody of the minor, and
25 the minor was adjudicated neglected or abused as a result of
26 physical abuse, the court shall cause to be made an
27 investigation as to whether the movant has ever been charged
28 with or convicted of any criminal offense which would
29 indicate the likelihood of any further physical abuse to the
30 minor. Evidence of such criminal convictions shall be taken
31 into account in determining whether the minor can be cared
32 for at home without endangering his or her health or safety
33 and fitness of the parent, guardian, or legal custodian.
34 (a) Any agency of this State or any subdivision
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1 thereof shall co-operate with the agent of the court in
2 providing any information sought in the investigation.
3 (b) The information derived from the investigation
4 and any conclusions or recommendations derived from the
5 information shall be provided to the parent, guardian, or
6 legal custodian seeking restoration of custody prior to
7 the hearing on fitness and the movant shall have an
8 opportunity at the hearing to refute the information or
9 contest its significance.
10 (c) All information obtained from any investigation
11 shall be confidential as provided in Section 1-10 of this
12 Act.
13 (Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
14 12-2-94; 89-17, eff. 5-31-95; 89-21, eff. 7-1-95; 89-626,
15 eff. 8-9-96; 90HB165eng with sam01.)
16 (705 ILCS 405/2-28.1)
17 Sec. 2-28.1. Permanency hearings; before hearing
18 officers.
19 (a) The chief judge of the circuit court may appoint
20 hearing officers to conduct the permanency hearings set forth
21 in subsection (2) of Section 2-28 of this Act, in accordance
22 with the provisions of this Section. The hearing officers
23 shall be attorneys with at least 3 years experience in child
24 abuse and neglect or permanency planning, and in counties
25 with a population of 3,000,000 or more, admitted to practice
26 for at least 7 years. Once trained by the court, hearing
27 officers shall be authorized to do the following:
28 (1) Conduct a fair and impartial hearing.
29 (2) Summon and compel the attendance of witnesses.
30 (3) Administer the oath or affirmation and take
31 testimony under oath or affirmation.
32 (4) Require the production of evidence relevant to
33 the permanency hearing to be conducted. That evidence
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1 may include, but need not be limited to case plans,
2 social histories, medical and psychological evaluations,
3 child placement histories, visitation records, and other
4 documents and writings applicable to those items.
5 (5) Rule on the admissibility of evidence using the
6 standard applied at a dispositional hearing under Section
7 2-22 of this Act.
8 (6) When necessary, cause notices to be issued
9 requiring parties, the public agency that is custodian or
10 guardian of the minor, or another agency responsible for
11 the minor's care to appear either before the hearing
12 officer or in court.
13 (7) Analyze the evidence presented to the hearing
14 officer and prepare written recommended orders, including
15 findings of fact, based on the evidence.
16 (8) Prior to the hearing, conduct any pre-hearings
17 that may be necessary.
18 (9) Conduct in camera interviews with children when
19 requested by a child or the child's guardian ad litem.
20 In counties with a population of 3,000,000 or more,
21 hearing officers shall also be authorized to do the
22 following:
23 (10) Accept specific consents for adoption or
24 surrenders of parental rights from a parent or parents.
25 (11) Conduct hearings on the progress made toward
26 the permanency goal set for the minor.
27 (12) Perform other duties as assigned by the court.
28 (b) The hearing officer shall consider evidence and
29 conduct the permanency hearings as set forth in subsections
30 (2) and (3) of Section 2-28 of this Act in accordance with
31 the standards set forth therein. The hearing officer shall
32 assure that a verbatim record of the proceedings is made and
33 retained for a period of 12 months or until the next
34 permanency hearing, whichever date is later, and shall direct
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1 to the clerk of the court preserve all documents and evidence
2 to be made a part of the court file for the record. The
3 hearing officer shall inform the participants of their
4 individual rights and responsibilities. The hearing officer
5 shall identify the issues to be reviewed under subsection (2)
6 of Section 2-28, consider all relevant facts, and receive or
7 request any additional information necessary to make
8 recommendations to the court. If a party fails to appear at
9 the hearing, the hearing officer may proceed to the
10 permanency hearing with the parties present at the hearing.
11 The hearing officer shall specifically note for the court the
12 absence of any parties. If all parties are present at the
13 permanency hearing, and the parties and the Department are in
14 agreement that the service plan and permanency goal are
15 appropriate or are in agreement that the permanency goal for
16 the child has been achieved, the hearing officer shall
17 prepare a recommended order, including findings of fact, to
18 be submitted to the court, and all parties and the Department
19 shall sign the recommended order at the time of the hearing.
20 The recommended order will then be submitted to the court for
21 its immediate consideration and the entry of an appropriate
22 order.
23 The court may enter an order consistent with the
24 recommended order without further hearing or notice to the
25 parties, may refer the matter to the hearing officer for
26 further proceedings, or may hold such additional hearings as
27 the court deems necessary. All parties present at the
28 hearing and the Department shall be tendered a copy of the
29 court's order at the conclusion of the hearing.
30 (c) If one or more parties are not present at the
31 permanency hearing, or any party or the Department of
32 Children and Family Services objects to the hearing officer's
33 recommended order, including any findings of fact, the
34 hearing officer shall set the matter for a judicial
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1 determination within 30 days of the permanency hearing for
2 the entry of the recommended order or for receipt of the
3 parties' objections. Any objections shall identify the
4 specific findings or recommendations that are contested, the
5 basis for the objections, and the evidence or applicable law
6 supporting the objection. The hearing officer shall mail a
7 copy of the recommended order to any non-attending parties,
8 together with a notice of the date and place of the judicial
9 determination and the right of the parties to present at that
10 time objections consistent with this subsection. The
11 recommended order and its contents may not be disclosed to
12 anyone other than the parties and the Department or other
13 agency unless otherwise specifically ordered by a judge of
14 the court.
15 Following the receipt of objections consistent with this
16 subsection from any party or the Department of Children and
17 Family Services to the hearing officer's recommended orders,
18 the court shall make a judicial determination of those
19 portions of the order to which objections were made, and
20 shall enter an appropriate order. The court may refuse to
21 review any objections that fail to meet the requirements of
22 this subsection.
23 (d) The following are judicial functions and shall be
24 performed only by a circuit judge or associate judge:
25 (1) Review of the recommended orders of the hearing
26 officer and entry of orders the court deems appropriate.
27 (2) Conduct of judicial hearings on all pre-hearing
28 motions and other matters that require a court order and
29 entry of orders as the court deems appropriate.
30 (3) Conduct of judicial determinations on all
31 matters in which the parties or the Department of
32 Children and Family Services disagree with the hearing
33 officer's recommended orders under subsection (3).
34 (4) Issuance of rules to show cause, conduct of
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1 contempt proceedings, and imposition of appropriate
2 sanctions or relief.
3 (Source: P.A. 89-17, eff. 5-31-95; 90HB165eng with sam01.)
4 (705 ILCS 405/2-32 new)
5 Sec. 2-32. Time limit for relief from final order. A
6 petition for relief from a final order entered in a
7 proceeding under this Act, after 30 days from the entry
8 thereof under the provisions of Section 2-1401 of the Code of
9 Civil Procedure or otherwise, must be filed not later than
10 one year after the entry of the order or judgment.
11 (705 ILCS 405/2-27.5 rep.)
12 Section 35. The Juvenile Court Act of 1987 is amended,
13 if and only if the provisions of House Bill 165 of the 90th
14 General Assembly that are changed by this amendatory Act of
15 1997 become law, by repealing Section 2-27.5 that was added
16 by House Bill 165 of the 90th General Assembly.
17 Section 40. The Code of Civil Procedure is amended, if
18 an only if the provisions of House Bill 165 of the 90th
19 General Assembly that are changed by this amendatory Act of
20 1997 become law, by changing Section 2-1401 as follows:
21 (735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
22 Sec. 2-1401. Relief from judgments. (a) Relief from
23 final orders and judgments, after 30 days from the entry
24 thereof, may be had upon petition as provided in this
25 Section. Writs of error coram nobis and coram vobis, bills of
26 review and bills in the nature of bills of review are
27 abolished. All relief heretofore obtainable and the grounds
28 for such relief heretofore available, whether by any of the
29 foregoing remedies or otherwise, shall be available in every
30 case, by proceedings hereunder, regardless of the nature of
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1 the order or judgment from which relief is sought or of the
2 proceedings in which it was entered. There shall be no
3 distinction between actions and other proceedings, statutory
4 or otherwise, as to availability of relief, grounds for
5 relief or the relief obtainable.
6 (b) The petition must be filed in the same proceeding in
7 which the order or judgment was entered but is not a
8 continuation thereof. The petition must be supported by
9 affidavit or other appropriate showing as to matters not of
10 record. All parties to the petition shall be notified as
11 provided by rule.
12 (c) Except as provided in Section 20b of the Adoption
13 Act and Section 3-32 of the Juvenile Court Act of 1987, the
14 petition must be filed not later than 2 years after the entry
15 of the order or judgment. Time during which the person
16 seeking relief is under legal disability or duress or the
17 ground for relief is fraudulently concealed shall be excluded
18 in computing the period of 2 years.
19 (d) The filing of a petition under this Section does not
20 affect the order or judgment, or suspend its operation.
21 (e) Unless lack of jurisdiction affirmatively appears
22 from the record proper, the vacation or modification of an
23 order or judgment pursuant to the provisions of this Section
24 does not affect the right, title or interest in or to any
25 real or personal property of any person, not a party to the
26 original action, acquired for value after the entry of the
27 order or judgment but before the filing of the petition, nor
28 affect any right of any person not a party to the original
29 action under any certificate of sale issued before the filing
30 of the petition, pursuant to a sale based on the order or
31 judgment.
32 (f) Nothing contained in this Section affects any
33 existing right to relief from a void order or judgment, or to
34 employ any existing method to procure that relief.
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1 (Source: P.A. 88-550, eff. 7-3-94.)
2 Section 45. The Adoption Act is amended, if and only if
3 the provisions of House Bill 165 of the 90th General Assembly
4 that are changed by this amendatory Act of 1997 become law,
5 by changing Section 1 as follows:
6 (750 ILCS 50/1) (from Ch. 40, par. 1501)
7 (Text of Section before amendment by P.A. 89-704)
8 Sec. 1. Definitions. When used in this Act, unless the
9 context otherwise requires:
10 A. "Child" means a person under legal age subject to
11 adoption under this Act.
12 B. "Related child" means a child subject to adoption
13 where either or both of the adopting parents stands in any of
14 the following relationships to the child by blood or
15 marriage: parent, grand-parent, brother, sister, step-parent,
16 step-grandparent, step-brother, step-sister, uncle, aunt,
17 great-uncle, great-aunt, or cousin of first degree. A child
18 whose parent has executed a final irrevocable consent to
19 adoption or a final irrevocable surrender for purposes of
20 adoption, or whose parent has had his or her parental rights
21 terminated, is not a related child to that person.
22 C. "Agency" for the purpose of this Act means a public
23 child welfare agency or a licensed child welfare agency.
24 D. "Unfit person" means any person whom the court shall
25 find to be unfit to have a child, without regard to the
26 likelihood that the child will be placed for adoption. The
27 grounds of unfitness are any one or more of the following:
28 (a) Abandonment of the child.
29 (b) Failure to maintain a reasonable degree of
30 interest, concern or responsibility as to the child's
31 welfare.
32 (c) Desertion of the child for more than 3 months
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1 next preceding the commencement of the Adoption
2 proceeding.
3 (d) Substantial neglect of the child if continuous
4 or repeated.
5 (e) Extreme or repeated cruelty to the child.
6 (f) Two or more findings of physical abuse to any
7 children under Section 4-8 of the Juvenile Court Act or
8 Section 2-21 of the Juvenile Court Act of 1987, the most
9 recent of which was determined by the juvenile court
10 hearing the matter to be supported by clear and
11 convincing evidence; a criminal conviction resulting from
12 the death of any child by physical child abuse; or a
13 finding of physical child abuse resulting from the death
14 of any child under Section 4-8 of the Juvenile Court Act
15 or Section 2-21 of the Juvenile Court Act of 1987.
16 (g) Failure to protect the child from conditions
17 within his environment injurious to the child's welfare.
18 (h) Other neglect of, or misconduct toward the
19 child; provided that in making a finding of unfitness the
20 court hearing the adoption proceeding shall not be bound
21 by any previous finding, order or judgment affecting or
22 determining the rights of the parents toward the child
23 sought to be adopted in any other proceeding except such
24 proceedings terminating parental rights as shall be had
25 under either this Act, the Juvenile Court Act or the
26 Juvenile Court Act of 1987.
27 (i) Depravity.
28 (j) Open and notorious adultery or fornication.
29 (j-1) Conviction of first degree murder in
30 violation of paragraph 1 or 2 of subsection (a) of
31 Section 9-1 of the Criminal Code of 1961 or conviction of
32 second degree murder in violation of subsection (a) of
33 Section 9-2 of the Criminal Code of 1961 of a parent of
34 the child to be adopted shall create a presumption of
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1 unfitness that may be overcome only by clear and
2 convincing evidence.
3 (k) Habitual drunkenness or addiction to drugs,
4 other than those prescribed by a physician, for at least
5 one year immediately prior to the commencement of the
6 unfitness proceeding.
7 (l) Failure to demonstrate a reasonable degree of
8 interest, concern or responsibility as to the welfare of
9 a new born child during the first 30 days after its
10 birth.
11 (m) Failure by a parent to make reasonable efforts
12 to correct the conditions that were the basis for the
13 removal of the child from the parent, or to make
14 reasonable progress toward the return of the child to the
15 parent within 9 months after an adjudication of neglected
16 or abused minor under Section 2-3 of the Juvenile Court
17 Act of 1987 or dependent minor under Section 2-4 of that
18 Act. If a service plan has been established as required
19 under Section 8.2 of the Abused and Neglected Child
20 Reporting Act to correct the conditions that were the
21 basis for the removal of the child from the parent and if
22 those services were available, then, for purposes of this
23 Act, "failure to make reasonable progress toward the
24 return of the child to the parent" includes the parent's
25 failure to substantially fulfill his or her obligations
26 under the complete that service plan and correct the
27 conditions that brought the child into care within 9
28 months after the adjudication under Section 2-3 or 2-4 of
29 the Juvenile Court Act of 1987.
30 (n) Evidence of intent to forego his or her
31 parental rights, whether or not the child is a ward of
32 the court, (1) as manifested by his or her failure for a
33 period of 12 months: (i) to visit the child, (ii) to
34 communicate with the child or agency, although able to do
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1 so and not prevented from doing so by an agency or by
2 court order, or (iii) to maintain contact with or plan
3 for the future of the child, although physically able to
4 do so, or (2) as manifested by the father's failure,
5 where he and the mother of the child were unmarried to
6 each other at the time of the child's birth, (i) to
7 commence legal proceedings to establish his paternity
8 under the Illinois Parentage Act of 1984 or the law of
9 the jurisdiction of the child's birth within 30 days of
10 being informed, pursuant to Section 12a of this Act, that
11 he is the father or the likely father of the child or,
12 after being so informed where the child is not yet born,
13 within 30 days of the child's birth, or (ii) to make a
14 good faith effort to pay a reasonable amount of the
15 expenses related to the birth of the child and to provide
16 a reasonable amount for the financial support of the
17 child, the court to consider in its determination all
18 relevant circumstances, including the financial condition
19 of both parents; provided that the ground for termination
20 provided in this subparagraph (n)(2)(ii) shall only be
21 available where the petition is brought by the mother or
22 the husband of the mother.
23 Contact or communication by a parent with his or her
24 child that does not demonstrate affection and concern
25 does not constitute reasonable contact and planning under
26 subdivision (n). In the absence of evidence to the
27 contrary, the ability to visit, communicate, maintain
28 contact, pay expenses and plan for the future shall be
29 presumed. The subjective intent of the parent, whether
30 expressed or otherwise, unsupported by evidence of the
31 foregoing parental acts manifesting that intent, shall
32 not preclude a determination that the parent has intended
33 to forego his or her parental rights. In making this
34 determination, the court may consider but shall not
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1 require a showing of diligent efforts by an authorized
2 agency to encourage the parent to perform the acts
3 specified in subdivision (n).
4 It shall be an affirmative defense to any allegation
5 under paragraph (2) of this subsection that the father's
6 failure was due to circumstances beyond his control or to
7 impediments created by the mother or any other person
8 having legal custody. Proof of that fact need only be by
9 a preponderance of the evidence.
10 (o) repeated or continuous failure by the parents,
11 although physically and financially able, to provide the
12 child with adequate food, clothing, or shelter.
13 (p) inability to discharge parental
14 responsibilities supported by competent evidence from a
15 psychiatrist, licensed clinical social worker, or
16 clinical psychologist of mental impairment, mental
17 illness or mental retardation as defined in Section 1-116
18 of the Mental Health and Developmental Disabilities Code,
19 or developmental disability as defined in Section 1-106
20 of that Code, and there is sufficient justification to
21 believe that the inability to discharge parental
22 responsibilities shall extend beyond a reasonable time
23 period. However, this subdivision (p) shall not be
24 construed so as to permit a licensed clinical social
25 worker to conduct any medical diagnosis to determine
26 mental illness or mental impairment.
27 (q) a finding of physical abuse of the child under
28 Section 4-8 of the Juvenile Court Act or Section 2-21 of
29 the Juvenile Court Act of 1987 and a criminal conviction
30 of aggravated battery of the child.
31 E. "Parent" means the father or mother of a legitimate
32 or illegitimate child. For the purpose of this Act, a person
33 who has executed a final and irrevocable consent to adoption
34 or a final and irrevocable surrender for purposes of
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1 adoption, or whose parental rights have been terminated by a
2 court, is not a parent of the child who was the subject of
3 the consent or surrender.
4 F. A person is available for adoption when the person
5 is:
6 (a) a child who has been surrendered for adoption
7 to an agency and to whose adoption the agency has
8 thereafter consented;
9 (b) a child to whose adoption a person authorized
10 by law, other than his parents, has consented, or to
11 whose adoption no consent is required pursuant to Section
12 8 of this Act;
13 (c) a child who is in the custody of persons who
14 intend to adopt him through placement made by his
15 parents; or
16 (d) an adult who meets the conditions set forth in
17 Section 3 of this Act.
18 A person who would otherwise be available for adoption
19 shall not be deemed unavailable for adoption solely by reason
20 of his or her death.
21 G. The singular includes the plural and the plural
22 includes the singular and the "male" includes the "female",
23 as the context of this Act may require.
24 H. "Adoption disruption" occurs when an adoptive
25 placement does not prove successful and it becomes necessary
26 for the child to be removed from placement before the
27 adoption is finalized.
28 I. "Foreign placing agency" is an agency or individual
29 operating in a country or territory outside the United States
30 that is authorized by its country to place children for
31 adoption either directly with families in the United States
32 or through United States based international agencies.
33 J. "Immediate relatives" means the biological parents,
34 the parents of the biological parents and siblings of the
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1 biological parents.
2 K. "Intercountry adoption" is a process by which a child
3 from a country other than the United States is adopted.
4 L. "Intercountry Adoption Coordinator" is a staff person
5 of the Department of Children and Family Services appointed
6 by the Director to coordinate the provision of services by
7 the public and private sector to prospective parents of
8 foreign-born children.
9 M. "Interstate Compact on the Placement of Children" is
10 a law enacted by most states for the purpose of establishing
11 uniform procedures for handling the interstate placement of
12 children in foster homes, adoptive homes, or other child care
13 facilities.
14 N. "Non-Compact state" means a state that has not
15 enacted the Interstate Compact on the Placement of Children.
16 O. "Preadoption requirements" are any conditions
17 established by the laws or regulations of the Federal
18 Government or of each state that must be met prior to the
19 placement of a child in an adoptive home.
20 P. "Abused child" means a child whose parent or
21 immediate family member, or any person responsible for the
22 child's welfare, or any individual residing in the same home
23 as the child, or a paramour of the child's parent:
24 (a) inflicts, causes to be inflicted, or allows to
25 be inflicted upon the child physical injury, by other
26 than accidental means, that causes death, disfigurement,
27 impairment of physical or emotional health, or loss or
28 impairment of any bodily function;
29 (b) creates a substantial risk of physical injury
30 to the child by other than accidental means which would
31 be likely to cause death, disfigurement, impairment of
32 physical or emotional health, or loss or impairment of
33 any bodily function;
34 (c) commits or allows to be committed any sex
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1 offense against the child, as sex offenses are defined in
2 the Criminal Code of 1961 and extending those definitions
3 of sex offenses to include children under 18 years of
4 age;
5 (d) commits or allows to be committed an act or
6 acts of torture upon the child; or
7 (e) inflicts excessive corporal punishment.
8 Q. "Neglected child" means any child whose parent or
9 other person responsible for the child's welfare withholds or
10 denies nourishment or medically indicated treatment including
11 food or care denied solely on the basis of the present or
12 anticipated mental or physical impairment as determined by a
13 physician acting alone or in consultation with other
14 physicians or otherwise does not provide the proper or
15 necessary support, education as required by law, or medical
16 or other remedial care recognized under State law as
17 necessary for a child's well-being, or other care necessary
18 for his or her well-being, including adequate food, clothing
19 and shelter; or who is abandoned by his or her parents or
20 other person responsible for the child's welfare.
21 A child shall not be considered neglected or abused for
22 the sole reason that the child's parent or other person
23 responsible for his or her welfare depends upon spiritual
24 means through prayer alone for the treatment or cure of
25 disease or remedial care as provided under Section 4 of the
26 Abused and Neglected Child Reporting Act.
27 R. "Putative father" means a man who may be a child's
28 father, but who (1) is not married to the child's mother on
29 or before the date that the child was or is to be born and
30 (2) has not established paternity of the child in a court
31 proceeding before the filing of a petition for the adoption
32 of the child. The term includes a male who is less than 18
33 years of age.
34 (Source: P.A. 88-20; 88-550, eff. 7-3-94; 88-691, eff.
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1 1-24-95; 89-235, eff. 8-4-95; 90HB165eng with sam01.)
2 (Text of Section after amendment by P.A. 89-704)
3 Sec. 1. Definitions. When used in this Act, unless the
4 context otherwise requires:
5 A. "Child" means a person under legal age subject to
6 adoption under this Act.
7 B. "Related child" means a child subject to adoption
8 where either or both of the adopting parents stands in any of
9 the following relationships to the child by blood or
10 marriage: parent, grand-parent, brother, sister, step-parent,
11 step-grandparent, step-brother, step-sister, uncle, aunt,
12 great-uncle, great-aunt, or cousin of first degree. A child
13 whose parent has executed a final irrevocable consent to
14 adoption or a final irrevocable surrender for purposes of
15 adoption, or whose parent has had his or her parental rights
16 terminated, is not a related child to that person, unless the
17 consent is determined to be void or is void pursuant to
18 subsection O of Section 10.
19 C. "Agency" for the purpose of this Act means a public
20 child welfare agency or a licensed child welfare agency.
21 D. "Unfit person" means any person whom the court shall
22 find to be unfit to have a child, without regard to the
23 likelihood that the child will be placed for adoption. The
24 grounds of unfitness are any one or more of the following:
25 (a) Abandonment of the child.
26 (a-1) Abandonment of a newborn infant in a
27 hospital.
28 (a-2) Abandonment of a newborn infant in any
29 setting where the evidence suggests that the parent
30 intended to relinquish his or her parental rights.
31 (b) Failure to maintain a reasonable degree of
32 interest, concern or responsibility as to the child's
33 welfare.
34 (c) Desertion of the child for more than 3 months
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1 next preceding the commencement of the Adoption
2 proceeding.
3 (d) Substantial neglect of the child if continuous
4 or repeated.
5 (d-1) Substantial neglect, if continuous or
6 repeated, of any child residing in the household which
7 resulted in the death of that child.
8 (e) Extreme or repeated cruelty to the child.
9 (f) Two or more findings of physical abuse to any
10 children under Section 4-8 of the Juvenile Court Act or
11 Section 2-21 of the Juvenile Court Act of 1987, the most
12 recent of which was determined by the juvenile court
13 hearing the matter to be supported by clear and
14 convincing evidence; a criminal conviction or a finding
15 of not guilty by reason of insanity resulting from the
16 death of any child by physical child abuse; or a finding
17 of physical child abuse resulting from the death of any
18 child under Section 4-8 of the Juvenile Court Act or
19 Section 2-21 of the Juvenile Court Act of 1987.
20 (g) Failure to protect the child from conditions
21 within his environment injurious to the child's welfare.
22 (h) Other neglect of, or misconduct toward the
23 child; provided that in making a finding of unfitness the
24 court hearing the adoption proceeding shall not be bound
25 by any previous finding, order or judgment affecting or
26 determining the rights of the parents toward the child
27 sought to be adopted in any other proceeding except such
28 proceedings terminating parental rights as shall be had
29 under either this Act, the Juvenile Court Act or the
30 Juvenile Court Act of 1987.
31 (i) Depravity.
32 (j) Open and notorious adultery or fornication.
33 (j-1) Conviction of any one of the following crimes
34 shall create a presumption of unfitness that may be
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1 overcome only by clear and convincing evidence: (1) first
2 degree murder in violation of paragraph 1 or 2 of
3 subsection (a) of Section 9-1 of the Criminal Code of
4 1961 or conviction of second degree murder in violation
5 of subsection (a) of Section 9-2 of the Criminal Code of
6 1961 of a parent of the child to be adopted; (2) a
7 criminal conviction of first degree murder or second
8 degree murder of any child in violation of the Criminal
9 Code of 1961; (3) a criminal conviction of attempt or
10 conspiracy to commit first degree murder or second degree
11 murder of any child in violation of the Criminal Code of
12 1961; (4) a criminal conviction of solicitation to commit
13 murder of any child, solicitation to commit murder of any
14 child for hire, or solicitation to commit second degree
15 murder of any child in violation of the Criminal Code of
16 1961; (5) a criminal conviction of accountability for the
17 first or second degree murder of any child in violation
18 of the Criminal Code of 1961; or (6) a criminal
19 conviction of aggravated criminal sexual assault in
20 violation of Section 12-14(b)(1) of the Criminal Code of
21 1961.
22 (k) Habitual drunkenness or addiction to drugs,
23 other than those prescribed by a physician, for at least
24 one year immediately prior to the commencement of the
25 unfitness proceeding.
26 (l) Failure to demonstrate a reasonable degree of
27 interest, concern or responsibility as to the welfare of
28 a new born child during the first 30 days after its
29 birth.
30 (m) Failure by a parent to make reasonable efforts
31 to correct the conditions that were the basis for the
32 removal of the child from the parent, or to make
33 reasonable progress toward the return of the child to the
34 parent within 9 months after an adjudication of neglected
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1 or abused minor under Section 2-3 of the Juvenile Court
2 Act of 1987 or dependent minor under Section 2-4 of that
3 Act. If a service plan has been established as required
4 under Section 8.2 of the Abused and Neglected Child
5 Reporting Act to correct the conditions that were the
6 basis for the removal of the child from the parent and if
7 those services were available, then, for purposes of this
8 Act, "failure to make reasonable progress toward the
9 return of the child to the parent" includes the parent's
10 failure to substantially fulfill his or her obligations
11 under the complete that service plan and correct the
12 conditions that brought the child into care within 9
13 months after the adjudication under Section 2-3 or 2-4 of
14 the Juvenile Court Act of 1987.
15 (n) Evidence of intent to forego his or her
16 parental rights, whether or not the child is a ward of
17 the court, (1) as manifested by his or her failure for a
18 period of 12 months: (i) to visit the child, (ii) to
19 communicate with the child or agency, although able to do
20 so and not prevented from doing so by an agency or by
21 court order, or (iii) to maintain contact with or plan
22 for the future of the child, although physically able to
23 do so, or (2) as manifested by the father's failure,
24 where he and the mother of the child were unmarried to
25 each other at the time of the child's birth, (i) to
26 commence legal proceedings to establish his paternity
27 under the Illinois Parentage Act of 1984 or the law of
28 the jurisdiction of the child's birth within 30 days of
29 being informed, pursuant to Section 12a of this Act, that
30 he is the father or the likely father of the child or,
31 after being so informed where the child is not yet born,
32 within 30 days of the child's birth, or (ii) to make a
33 good faith effort to pay a reasonable amount of the
34 expenses related to the birth of the child and to provide
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1 a reasonable amount for the financial support of the
2 child, the court to consider in its determination all
3 relevant circumstances, including the financial condition
4 of both parents; provided that the ground for termination
5 provided in this subparagraph (n)(2)(ii) shall only be
6 available where the petition is brought by the mother or
7 the husband of the mother.
8 Contact or communication by a parent with his or her
9 child that does not demonstrate affection and concern
10 does not constitute reasonable contact and planning under
11 subdivision (n). In the absence of evidence to the
12 contrary, the ability to visit, communicate, maintain
13 contact, pay expenses and plan for the future shall be
14 presumed. The subjective intent of the parent, whether
15 expressed or otherwise, unsupported by evidence of the
16 foregoing parental acts manifesting that intent, shall
17 not preclude a determination that the parent has intended
18 to forego his or her parental rights. In making this
19 determination, the court may consider but shall not
20 require a showing of diligent efforts by an authorized
21 agency to encourage the parent to perform the acts
22 specified in subdivision (n).
23 It shall be an affirmative defense to any allegation
24 under paragraph (2) of this subsection that the father's
25 failure was due to circumstances beyond his control or to
26 impediments created by the mother or any other person
27 having legal custody. Proof of that fact need only be by
28 a preponderance of the evidence.
29 (o) Repeated or continuous failure by the parents,
30 although physically and financially able, to provide the
31 child with adequate food, clothing, or shelter.
32 (p) Inability to discharge parental
33 responsibilities supported by competent evidence from a
34 psychiatrist, licensed clinical social worker, or
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1 clinical psychologist of mental impairment, mental
2 illness or mental retardation as defined in Section 1-116
3 of the Mental Health and Developmental Disabilities Code,
4 or developmental disability as defined in Section 1-106
5 of that Code, and there is sufficient justification to
6 believe that the inability to discharge parental
7 responsibilities shall extend beyond a reasonable time
8 period. However, this subdivision (p) shall not be
9 construed so as to permit a licensed clinical social
10 worker to conduct any medical diagnosis to determine
11 mental illness or mental impairment.
12 (q) A finding of physical abuse of the child under
13 Section 4-8 of the Juvenile Court Act or Section 2-21 of
14 the Juvenile Court Act of 1987 and a criminal conviction
15 of aggravated battery of the child.
16 (r) The child is in the temporary custody or
17 guardianship of the Department of Children and Family
18 Services, the parent is incarcerated as a result of
19 criminal conviction at the time the petition or motion
20 for termination of parental rights is filed, prior to
21 incarceration the parent had little or no contact with
22 the child or provided little or no support for the child,
23 and the parent's incarceration will prevent the parent
24 from discharging his or her parental responsibilities for
25 the child for a period in excess of 2 years after the
26 filing of the petition or motion for termination of
27 parental rights.
28 (s) The child is in the temporary custody or
29 guardianship of the Department of Children and Family
30 Services, the parent is incarcerated at the time the
31 petition or motion for termination of parental rights is
32 filed, the parent has been repeatedly incarcerated as a
33 result of criminal convictions, and the parent's repeated
34 incarceration has prevented the parent from discharging
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1 his or her parental responsibilities for the child.
2 E. "Parent" means the father or mother of a legitimate
3 or illegitimate child. For the purpose of this Act, a person
4 who has executed a final and irrevocable consent to adoption
5 or a final and irrevocable surrender for purposes of
6 adoption, or whose parental rights have been terminated by a
7 court, is not a parent of the child who was the subject of
8 the consent or surrender, unless the consent is void pursuant
9 to subsection O of Section 10.
10 F. A person is available for adoption when the person
11 is:
12 (a) a child who has been surrendered for adoption
13 to an agency and to whose adoption the agency has
14 thereafter consented;
15 (b) a child to whose adoption a person authorized
16 by law, other than his parents, has consented, or to
17 whose adoption no consent is required pursuant to Section
18 8 of this Act;
19 (c) a child who is in the custody of persons who
20 intend to adopt him through placement made by his
21 parents;
22 (c-1) a child for whom a parent has signed a
23 specific consent pursuant to subsection O of Section 10;
24 or
25 (d) an adult who meets the conditions set forth in
26 Section 3 of this Act.
27 A person who would otherwise be available for adoption
28 shall not be deemed unavailable for adoption solely by reason
29 of his or her death.
30 G. The singular includes the plural and the plural
31 includes the singular and the "male" includes the "female",
32 as the context of this Act may require.
33 H. "Adoption disruption" occurs when an adoptive
34 placement does not prove successful and it becomes necessary
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1 for the child to be removed from placement before the
2 adoption is finalized.
3 I. "Foreign placing agency" is an agency or individual
4 operating in a country or territory outside the United States
5 that is authorized by its country to place children for
6 adoption either directly with families in the United States
7 or through United States based international agencies.
8 J. "Immediate relatives" means the biological parents,
9 the parents of the biological parents and siblings of the
10 biological parents.
11 K. "Intercountry adoption" is a process by which a child
12 from a country other than the United States is adopted.
13 L. "Intercountry Adoption Coordinator" is a staff person
14 of the Department of Children and Family Services appointed
15 by the Director to coordinate the provision of services by
16 the public and private sector to prospective parents of
17 foreign-born children.
18 M. "Interstate Compact on the Placement of Children" is
19 a law enacted by most states for the purpose of establishing
20 uniform procedures for handling the interstate placement of
21 children in foster homes, adoptive homes, or other child care
22 facilities.
23 N. "Non-Compact state" means a state that has not
24 enacted the Interstate Compact on the Placement of Children.
25 O. "Preadoption requirements" are any conditions
26 established by the laws or regulations of the Federal
27 Government or of each state that must be met prior to the
28 placement of a child in an adoptive home.
29 P. "Abused child" means a child whose parent or
30 immediate family member, or any person responsible for the
31 child's welfare, or any individual residing in the same home
32 as the child, or a paramour of the child's parent:
33 (a) inflicts, causes to be inflicted, or allows to
34 be inflicted upon the child physical injury, by other
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1 than accidental means, that causes death, disfigurement,
2 impairment of physical or emotional health, or loss or
3 impairment of any bodily function;
4 (b) creates a substantial risk of physical injury
5 to the child by other than accidental means which would
6 be likely to cause death, disfigurement, impairment of
7 physical or emotional health, or loss or impairment of
8 any bodily function;
9 (c) commits or allows to be committed any sex
10 offense against the child, as sex offenses are defined in
11 the Criminal Code of 1961 and extending those definitions
12 of sex offenses to include children under 18 years of
13 age;
14 (d) commits or allows to be committed an act or
15 acts of torture upon the child; or
16 (e) inflicts excessive corporal punishment.
17 Q. "Neglected child" means any child whose parent or
18 other person responsible for the child's welfare withholds or
19 denies nourishment or medically indicated treatment including
20 food or care denied solely on the basis of the present or
21 anticipated mental or physical impairment as determined by a
22 physician acting alone or in consultation with other
23 physicians or otherwise does not provide the proper or
24 necessary support, education as required by law, or medical
25 or other remedial care recognized under State law as
26 necessary for a child's well-being, or other care necessary
27 for his or her well-being, including adequate food, clothing
28 and shelter; or who is abandoned by his or her parents or
29 other person responsible for the child's welfare.
30 A child shall not be considered neglected or abused for
31 the sole reason that the child's parent or other person
32 responsible for his or her welfare depends upon spiritual
33 means through prayer alone for the treatment or cure of
34 disease or remedial care as provided under Section 4 of the
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1 Abused and Neglected Child Reporting Act.
2 R. "Putative father" means a man who may be a child's
3 father, but who (1) is not married to the child's mother on
4 or before the date that the child was or is to be born and
5 (2) has not established paternity of the child in a court
6 proceeding before the filing of a petition for the adoption
7 of the child. The term includes a male who is less than 18
8 years of age.
9 (Source: P.A. 88-20; 88-550, eff. 7-3-94; 88-691, eff.
10 1-24-95; 89-235, eff. 8-4-95; 89-704, eff. 1-1-98; 90HB165eng
11 with sam01.)
12 Section 90. Severability. If any Section, sentence,
13 clause, or provision of this Act or any application thereof
14 to any person or circumstance is for any reason held invalid
15 or unconstitutional, such invalidity or unconstitutionality
16 shall not affect the validity or constitutionality of the
17 other provisions or applications of this Act which can be
18 given effect without the invalid or unconstitutional
19 application or provision, and to this end the provisions of
20 this Act are declared to be severable.
21 Section 95. No acceleration or delay. Where this Act
22 makes changes in a statute that is represented in this Act by
23 text that is not yet or no longer in effect (for example, a
24 Section represented by multiple versions), the use of that
25 text does not accelerate or delay the taking effect of (i)
26 the changes made by this Act or (ii) provisions derived from
27 any other Public Act.
28 Section 99. Effective date. This Section takes effect
29 upon becoming law. The changes to subdivision (D)(m) of
30 Section 1 of the Adoption Act take effect upon becoming law,
31 but in no event earlier than the effective date of the
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1 changes to that subdivision made by House Bill 165 of the
2 90th General Assembly. All other changes made by this
3 amendatory Act of 1997 (House Bill 66 of the 90th General
4 Assembly) take effect upon becoming law, but in no event
5 earlier than the effective date of the changes made by House
6 Bill 165 of the 90th General Assembly (other than Section 99
7 and the changes to subdivision (D)(m) of Section 1 of the
8 Adoption Act made by House Bill 165 of the 90th General
9 Assembly).