[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
90_HB0066sam001
LRB9000715PTcwam02
1 AMENDMENT TO HOUSE BILL 66
2 AMENDMENT NO. . Amend House Bill 66 by replacing the
3 title with the following:
4 "AN ACT concerning children."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Children and Family Services Act is
8 amended, if and only if the provisions of House Bill 165 of
9 the 90th General Assembly that are changed by this amendatory
10 Act of 1997 become law, by changing Sections 5 and 7 and
11 adding Section 6c as follows:
12 (20 ILCS 505/5) (from Ch. 23, par. 5005)
13 (Text of Section before amendment by P.A. 89-507)
14 Sec. 5. To provide direct child welfare services when
15 not available through other public or private child care or
16 program facilities.
17 (a) For purposes of this Section:
18 (1) "Children" means persons found within the State
19 who are under the age of 18 years. The term also
20 includes persons under age 19 who:
21 (A) were committed to the Department pursuant
-2- LRB9000715PTcwam02
1 to the Juvenile Court Act or the Juvenile Court Act
2 of 1987, as amended, prior to the age of 18 and who
3 continue under the jurisdiction of the court; or
4 (B) were accepted for care, service and
5 training by the Department prior to the age of 18
6 and whose best interest in the discretion of the
7 Department would be served by continuing that care,
8 service and training because of severe emotional
9 disturbances, physical disability, social adjustment
10 or any combination thereof, or because of the need
11 to complete an educational or vocational training
12 program.
13 (2) "Homeless youth" means persons found within the
14 State who are under the age of 19, are not in a safe and
15 stable living situation and cannot be reunited with their
16 families.
17 (3) "Child welfare services" means public social
18 services which are directed toward the accomplishment of
19 the following purposes:
20 (A) protecting and promoting the welfare of
21 children, including homeless, dependent or neglected
22 children;
23 (B) preventing or remedying, or assisting in
24 the solution of problems which may result in, the
25 neglect, abuse, exploitation or delinquency of
26 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;
33 (D) restoring to their families children who
34 have been removed, by the provision of services to
-3- LRB9000715PTcwam02
1 the child and the families;
2 (E) placing children in suitable adoptive
3 homes, in cases where restoration to the biological
4 family is not possible or appropriate;
5 (F) assuring adequate care of children away
6 from their homes, in cases where the child cannot be
7 returned home or cannot be placed for adoption;
8 (G) providing supportive services and living
9 maintenance which contribute to the physical,
10 emotional and social well-being of children who are
11 pregnant and unmarried;
12 (H) providing shelter and independent living
13 services for homeless youth; and
14 (I) placing and maintaining children in
15 facilities that provide separate living quarters for
16 children under the age of 18 and for children 18
17 years of age and older, unless a child 18 years of
18 age is in the last year of high school education or
19 vocational training, in an approved individual or
20 group treatment program, or in a licensed shelter
21 facility. The Department is not required to place or
22 maintain children:
23 (i) who are in a foster home, or
24 (ii) who are persons with a developmental
25 disability, as defined in the Mental Health and
26 Developmental Disabilities Code, or
27 (iii) who are female children who are
28 pregnant, pregnant and parenting or parenting,
29 or
30 (iv) who are siblings,
31 in facilities that provide separate living quarters
32 for children 18 years of age and older and for
33 children under 18 years of age.
34 (b) Nothing in this Section shall be construed to
-4- LRB9000715PTcwam02
1 authorize the expenditure of public funds for the purpose of
2 performing abortions.
3 (c) The Department shall establish and maintain
4 tax-supported child welfare services and extend and seek to
5 improve voluntary services throughout the State, to the end
6 that services and care shall be available on an equal basis
7 throughout the State to children requiring such services.
8 (d) The Director may authorize advance disbursements for
9 any new program initiative to any agency contracting with the
10 Department. As a prerequisite for an advance disbursement,
11 the contractor must post a surety bond in the amount of the
12 advance disbursement and have a purchase of service contract
13 approved by the Department. The Department may pay up to 2
14 months operational expenses in advance. The amount of the
15 advance disbursement shall be prorated over the life of the
16 contract or the remaining months of the fiscal year,
17 whichever is less, and the installment amount shall then be
18 deducted from future bills. Advance disbursement
19 authorizations for new initiatives shall not be made to any
20 agency after that agency has operated during 2 consecutive
21 fiscal years. The requirements of this Section concerning
22 advance disbursements shall not apply with respect to the
23 following: payments to local public agencies for child day
24 care services as authorized by Section 5a of this Act; and
25 youth service programs receiving grant funds under Section
26 17a-4.
27 (e) For the purpose of insuring effective state-wide
28 planning, development, and utilization of resources for the
29 day care of children, operated under various auspices, the
30 Department is hereby designated to coordinate all day care
31 activities for children of the State and shall:
32 (1) Develop on or before December 1, 1977, and
33 update every year thereafter, a state comprehensive
34 day-care plan for submission to the Governor which
-5- LRB9000715PTcwam02
1 identifies high-priority areas and groups, relating them
2 to available resources, and identifying the most
3 effective approaches to the use of existing day care
4 services. The State comprehensive day-care plan shall be
5 made available to the General Assembly following the
6 Governor's approval of the plan.
7 The plan shall include methods and procedures for
8 the development of additional day care resources for
9 children to meet the goal of reducing short-run and
10 long-run dependency and to provide necessary enrichment
11 and stimulation to the education of young children.
12 Recommendation shall be made for State policy on optimum
13 use of private and public, local, state and federal
14 resources, including an estimate of the resources needed
15 for the licensing and regulation of day care facilities.
16 A written report shall be submitted to the Governor
17 and the General Assembly, annually, on April 15, and
18 shall include an evaluation of developments over the
19 preceding fiscal year, including cost-benefit analyses of
20 various arrangements. Beginning with the report in 1990
21 and every 2 years thereafter, the report shall also
22 include the following:
23 (A) An assessment of the child care services,
24 needs and available resources throughout the State
25 and an assessment of the adequacy of existing child
26 care services, including, but not limited to,
27 services assisted under this Act and under any other
28 program administered by other State agencies.
29 (B) A survey of day care facilities to
30 determine the number of qualified caregivers, as
31 defined by rule, attracted to vacant positions and
32 any problems encountered by facilities in attracting
33 and retaining capable caregivers.
34 (C) The average wages and salaries and fringe
-6- LRB9000715PTcwam02
1 benefit packages paid to caregivers throughout the
2 State, computed on a regional basis.
3 (D) The qualifications of new caregivers hired
4 at licensed day care facilities during the previous
5 2 year period.
6 (E) Recommendations for increasing caregiver
7 wages and salaries to insure quality care for
8 children.
9 (F) Evaluation of the fee structure and income
10 eligibility for child care subsidized by the State.
11 The requirement for reporting to the General
12 Assembly shall be satisfied by filing copies of the
13 report with the Speaker, the Minority Leader and the
14 Clerk of the House of Representatives and the President,
15 the Minority Leader and the Secretary of the Senate and
16 the Legislative Research Unit, as required by Section 3.1
17 of the General Assembly Organization Act, and filing such
18 additional copies with the State Government Report
19 Distribution Center for the General Assembly as is
20 required under paragraph (t) of Section 7 of the State
21 Library Act.
22 (2) Establish policies and procedures for
23 developing and implementing interagency agreements with
24 other agencies of the State providing child care services
25 or reimbursement for such services.
26 (3) In cooperation with other State agencies,
27 develop and implement a resource and referral system for
28 the State of Illinois either within the Department or by
29 contract with local or regional agencies. Funding for
30 implementation of this system may be provided through
31 Department appropriations or other inter-agency funding
32 arrangements. The resource and referral system shall
33 provide at least the following services:
34 (A) assembling and maintaining a data base on
-7- LRB9000715PTcwam02
1 the supply of child care services;
2 (B) providing information and referrals for
3 parents;
4 (C) coordinating the development of new child
5 care resources;
6 (D) providing technical assistance and
7 training to child care service providers; and
8 (E) recording and analyzing the demand for
9 child care services.
10 The Department shall complete implementation of this
11 resource and referral system in all regions of the State
12 by January 1, 1992.
13 (4) Conduct day care planning activities with the
14 following priorities:
15 (A) development of voluntary day care
16 resources wherever possible, with the provision for
17 grants-in-aid only where demonstrated to be useful
18 and necessary as incentives or supports;
19 (B) emphasis on service to children of
20 recipients of public assistance where such service
21 will allow training or employment of the parent
22 toward achieving the goal of independence;
23 (C) maximum employment of recipients of public
24 assistance in day care centers and day care homes,
25 operated in conjunction with short-term work
26 training programs;
27 (D) care of children from families in stress
28 and crises whose members potentially may become, or
29 are in danger of becoming, non-productive and
30 dependent;
31 (E) expansion of family day care facilities
32 wherever possible;
33 (F) location of centers in economically
34 depressed neighborhoods, preferably in multi-service
-8- LRB9000715PTcwam02
1 centers with cooperation of other agencies;
2 (G) use of existing facilities free of charge
3 or for reasonable rental wherever possible in lieu
4 of construction;
5 (H) development of strategies for assuring a
6 more complete range of day care options, including
7 provision of day care services in homes, in schools
8 or in centers, which will enable a parent or parents
9 to complete a course of education or obtain or
10 maintain employment.
11 Emphasis shall be given to support services which
12 will help to ensure such parents' graduation from high
13 school and to services for participants in the Project
14 Chance program of job training conducted by the Illinois
15 Department of Public Aid.
16 (5) Actively stimulate the development of public
17 and private resources at the local level. It shall also
18 seek the fullest utilization of federal funds directly or
19 indirectly available to the Department.
20 Where appropriate, existing non-governmental agencies or
21 associations shall be involved in planning by the Department.
22 (f) The Department, pursuant to a contract with the
23 Illinois Department of Public Aid, may provide child care
24 services to former recipients of assistance under The
25 Illinois Public Aid Code as authorized by Section 9-6.3 of
26 that Code.
27 (g) The Department shall establish rules and regulations
28 concerning its operation of programs designed to meet the
29 goals of child protection, family preservation, family
30 reunification, adoption and youth development, including but
31 not limited to:
32 (1) adoption;
33 (2) foster care;
34 (3) family counseling;
-9- LRB9000715PTcwam02
1 (4) protective services;
2 (5) service to unwed mothers;
3 (6) homemaker service;
4 (7) return of runaway children;
5 (8) independent living skills and shelter for
6 homeless youth;
7 (9) placement under Section 5-7 of the Juvenile
8 Court Act or Section 2-27, 3-28, 4-25 or 5-29 of the
9 Juvenile Court Act of 1987 in accordance with the federal
10 Adoption Assistance and Child Welfare Act of 1980; and
11 (10) interstate services.
12 Rules and regulations established by the Department shall
13 include provisions for training Department staff and the
14 staff of Department grantees, through contracts with other
15 agencies or resources, in alcohol and drug abuse screening
16 techniques to identify children and adults who should be
17 referred to an alcohol and drug abuse treatment program for
18 professional evaluation.
19 (h) If the Department finds that there is no appropriate
20 program or facility within or available to the Department for
21 a ward and that no licensed private facility has an adequate
22 and appropriate program or none agrees to accept the ward,
23 the Department shall create an appropriate individualized,
24 program-oriented plan for such ward. The plan may be
25 developed within the Department or through purchase of
26 services by the Department to the extent that it is within
27 its statutory authority to do.
28 (i) Service programs shall be available throughout the
29 State and shall include but not be limited to the following
30 services:
31 (1) case management;
32 (2) homemakers;
33 (3) counseling;
34 (4) parent education;
-10- LRB9000715PTcwam02
1 (5) day care; and
2 (6) emergency assistance and advocacy.
3 In addition, the following services may be made available
4 to assess and meet the needs of children and families:
5 (1) comprehensive family-based services;
6 (2) assessments;
7 (3) respite care; and
8 (4) in-home health services.
9 The Department shall provide transportation for any of
10 the services it makes available to children or families or
11 for which it refers children or families.
12 (j) The Department may provide financial assistance, and
13 shall establish rules and regulations concerning such
14 assistance, to persons who adopt physically or mentally
15 handicapped, older and other hard-to-place children who
16 immediately prior to their adoption were legal wards of the
17 Department. The Department may also provide financial
18 assistance, and shall establish rules and regulations for
19 such assistance, to persons appointed guardian of the person
20 under Section 5-7 of the Juvenile Court Act or Section 2-27,
21 3-28, 4-25 or 5-29 of the Juvenile Court Act of 1987 for
22 children who were wards of the Department for 12 months
23 immediately prior to the appointment of the successor
24 guardian and for whom the Department has set a goal of
25 permanent family placement with a foster family.
26 The amount of assistance may vary, depending upon the
27 needs of the child and the adoptive parents, but must be at
28 least $25 less than the monthly cost of care of the child in
29 a foster home, as set forth in the annual assistance
30 agreement. Special purpose grants are allowed where the
31 child requires special service but such costs may not exceed
32 the amounts which similar services would cost the Department
33 if it were to provide or secure them as guardian of the
34 child.
-11- LRB9000715PTcwam02
1 Any financial assistance provided under this subsection
2 is inalienable by assignment, sale, execution, attachment,
3 garnishment, or any other remedy for recovery or collection
4 of a judgment or debt.
5 (k) The Department shall accept for care and training
6 any child who has been adjudicated neglected or abused, or
7 dependent committed to it pursuant to the Juvenile Court Act
8 or the Juvenile Court Act of 1987.
9 (l) Before July 1, 2000, the Department may provide, and
10 beginning July 1, 2000, the Department shall provide, family
11 preservation services, as determined to be appropriate and in
12 the child's best interests and when the child will not be in
13 imminent risk of harm, to any family whose child has been
14 placed in substitute care, any persons who have adopted a
15 child and require post-adoption services, or any persons
16 whose child or children are at risk of being placed outside
17 their home as documented by an "indicated" report of
18 suspected child abuse or neglect determined pursuant to the
19 Abused and Neglected Child Reporting Act. Nothing in this
20 paragraph shall be construed to create a private right of
21 action or claim on the part of any individual or child
22 welfare agency.
23 The Department shall notify the child and his family of
24 the Department's responsibility to offer and provide family
25 preservation services as identified in the service plan. The
26 child and his family shall be eligible for services as soon
27 as the report is determined to be "indicated". The
28 Department may offer services to any child or family with
29 respect to whom a report of suspected child abuse or neglect
30 has been filed, prior to concluding its investigation under
31 Section 7.12 of the Abused and Neglected Child Reporting Act.
32 However, the child's or family's willingness to accept
33 services shall not be considered in the investigation. The
34 Department may also provide services to any child or family
-12- LRB9000715PTcwam02
1 who is the subject of any report of suspected child abuse or
2 neglect or may refer such child or family to services
3 available from other agencies in the community, even if the
4 report is determined to be unfounded, if the conditions in
5 the child's or family's home are reasonably likely to subject
6 the child or family to future reports of suspected child
7 abuse or neglect. Acceptance of such services shall be
8 voluntary.
9 The Department may, at its discretion except for those
10 children also adjudicated neglected or dependent, accept for
11 care and training any child who has been adjudicated
12 addicted, as a truant minor in need of supervision or as a
13 minor requiring authoritative intervention, under the
14 Juvenile Court Act or the Juvenile Court Act of 1987, but no
15 such child shall be committed to the Department by any court
16 without the approval of the Department. A minor charged with
17 a criminal offense under the Criminal Code of 1961 or
18 adjudicated delinquent shall not be placed in the custody of
19 or committed to the Department by any court, except a minor
20 less than 13 years of age committed to the Department under
21 Section 5-23 of the Juvenile Court Act of 1987.
22 (m) The Department may assume temporary custody of any
23 child if:
24 (1) it has received a written consent to such
25 temporary custody signed by the parents of the child or
26 by the parent having custody of the child if the parents
27 are not living together or by the guardian or custodian
28 of the child if the child is not in the custody of either
29 parent, or
30 (2) the child is found in the State and neither a
31 parent, guardian nor custodian of the child can be
32 located.
33 If the child is found in his or her residence without a
34 parent, guardian, custodian or responsible caretaker, the
-13- LRB9000715PTcwam02
1 Department may, instead of removing the child and assuming
2 temporary custody, place an authorized representative of the
3 Department in that residence until such time as a parent,
4 guardian or custodian enters the home and expresses a
5 willingness and apparent ability to resume permanent charge
6 of the child, or until a relative enters the home and is
7 willing and able to assume charge of the child until a
8 parent, guardian or custodian enters the home and expresses
9 such willingness and ability to resume permanent charge.
10 After a caretaker has remained in the home for a period not
11 to exceed 12 hours, the Department must follow those
12 procedures outlined in Section 2-9, 3-11, 4-8 or 5-9 of the
13 Juvenile Court Act of 1987.
14 The Department shall have the authority, responsibilities
15 and duties that a legal custodian of the child would have
16 pursuant to subsection (9) of Section 1-3 of the Juvenile
17 Court Act of 1987. Whenever a child is taken into temporary
18 custody pursuant to an investigation under the Abused and
19 Neglected Child Reporting Act, or pursuant to a referral and
20 acceptance under the Juvenile Court Act of 1987 of a minor in
21 limited custody, the Department, during the period of
22 temporary custody and before the child is brought before a
23 judicial officer as required by Section 2-9, 3-11, 4-8 or 5-9
24 of the Juvenile Court Act of 1987, shall have the authority,
25 responsibilities and duties that a legal custodian of the
26 child would have under subsection (9) of Section 1-3 of the
27 Juvenile Court Act of 1987.
28 The Department shall ensure that any child taken into
29 custody is scheduled for an appointment for a medical
30 examination.
31 A parent, guardian or custodian of a child in the
32 temporary custody of the Department who would have custody of
33 the child if he were not in the temporary custody of the
34 Department may deliver to the Department a signed request
-14- LRB9000715PTcwam02
1 that the Department surrender the temporary custody of the
2 child. The Department may retain temporary custody of the
3 child for 10 days after the receipt of the request, during
4 which period the Department may cause to be filed a petition
5 pursuant to the Juvenile Court Act of 1987. If a petition is
6 so filed, the Department shall retain temporary custody of
7 the child until the court orders otherwise. If a petition is
8 not filed within the 10 day period, the child shall be
9 surrendered to the custody of the requesting parent, guardian
10 or custodian not later than the expiration of the 10 day
11 period, at which time the authority and duties of the
12 Department with respect to the temporary custody of the child
13 shall terminate.
14 (n) The Department may place children under 18 years of
15 age in licensed child care facilities when in the opinion of
16 the Department, appropriate services aimed at family
17 preservation have been unsuccessful or unavailable and such
18 placement would be for their best interest. Payment for
19 board, clothing, care, training and supervision of any child
20 placed in a licensed child care facility may be made by the
21 Department, by the parents or guardians of the estates of
22 those children, or by both the Department and the parents or
23 guardians, except that no payments shall be made by the
24 Department for any child placed in a licensed child care
25 facility for board, clothing, care, training and supervision
26 of such a child that exceed the average per capita cost of
27 maintaining and of caring for a child in institutions for
28 dependent or neglected children operated by the Department.
29 However, such restriction on payments does not apply in cases
30 where children require specialized care and treatment for
31 problems of severe emotional disturbance, physical
32 disability, social adjustment, or any combination thereof and
33 suitable facilities for the placement of such children are
34 not available at payment rates within the limitations set
-15- LRB9000715PTcwam02
1 forth in this Section. All reimbursements for services
2 delivered shall be absolutely inalienable by assignment,
3 sale, attachment, garnishment or otherwise.
4 (o) The Department shall establish an administrative
5 review and appeal process for children and families who
6 request or receive child welfare services from the
7 Department. Children who are wards of the Department and are
8 placed by private child welfare agencies, and foster families
9 with whom those children are placed, shall be afforded the
10 same procedural and appeal rights as children and families in
11 the case of placement by the Department, including the right
12 to an initial review of a private agency decision by that
13 agency. The Department shall insure that any private child
14 welfare agency, which accepts wards of the Department for
15 placement, affords those rights to children and foster
16 families. The Department shall accept for administrative
17 review and an appeal hearing a complaint made by a child or
18 foster family concerning a decision following an initial
19 review by a private child welfare agency. An appeal of a
20 decision concerning a change in the placement of a child
21 shall be conducted in an expedited manner.
22 (p) There is hereby created the Department of Children
23 and Family Services Emergency Assistance Fund from which the
24 Department may provide special financial assistance to
25 families which are in economic crisis when such assistance is
26 not available through other public or private sources and the
27 assistance is deemed necessary to prevent dissolution of the
28 family unit or to reunite families which have been separated
29 due to child abuse and neglect. The Department shall
30 establish administrative rules specifying the criteria for
31 determining eligibility for and the amount and nature of
32 assistance to be provided. The Department may also enter
33 into written agreements with private and public social
34 service agencies to provide emergency financial services to
-16- LRB9000715PTcwam02
1 families referred by the Department. Special financial
2 assistance payments shall be available to a family no more
3 than once during each fiscal year and the total payments to a
4 family may not exceed $500 during a fiscal year.
5 (q) The Department may receive and use, in their
6 entirety, for the benefit of children any gift, donation or
7 bequest of money or other property which is received on
8 behalf of such children, or any financial benefits to which
9 such children are or may become entitled while under the
10 jurisdiction or care of the Department.
11 The Department shall set up and administer no-cost,
12 interest-bearing savings accounts in appropriate financial
13 institutions ("individual accounts") for children for whom
14 the Department is legally responsible and who have been
15 determined eligible for Veterans' Benefits, Social Security
16 benefits, assistance allotments from the armed forces, court
17 ordered payments, parental voluntary payments, Supplemental
18 Security Income, Railroad Retirement payments, Black Lung
19 benefits, or other miscellaneous payments. Interest earned
20 by each individual account shall be credited to the account,
21 unless disbursed in accordance with this subsection.
22 In disbursing funds from children's individual accounts,
23 the Department shall:
24 (1) Establish standards in accordance with State
25 and federal laws for disbursing money from children's
26 individual accounts. In all circumstances, the
27 Department's "Guardianship Administrator" or his or her
28 designee must approve disbursements from children's
29 individual accounts. The Department shall be responsible
30 for keeping complete records of all disbursements for
31 each individual account for any purpose.
32 (2) Calculate on a monthly basis the amounts paid
33 from State funds for the child's board and care, medical
34 care not covered under Medicaid, and social services; and
-17- LRB9000715PTcwam02
1 utilize funds from the child's individual account, as
2 covered by regulation, to reimburse those costs.
3 Monthly, disbursements from all children's individual
4 accounts, up to 1/12 of $13,000,000, shall be deposited
5 by the Department into the General Revenue Fund and the
6 balance over 1/12 of $13,000,000 into the DCFS Children's
7 Services Fund.
8 (3) Maintain any balance remaining after
9 reimbursing for the child's costs of care, as specified
10 in item (2). The balance shall accumulate in accordance
11 with relevant State and federal laws and shall be
12 disbursed to the child or his or her guardian, or to the
13 issuing agency.
14 (r) The Department shall promulgate regulations
15 encouraging all adoption agencies to voluntarily forward to
16 the Department or its agent names and addresses of all
17 persons who have applied for and have been approved for
18 adoption of a hard-to-place or handicapped child and the
19 names of such children who have not been placed for adoption.
20 A list of such names and addresses shall be maintained by the
21 Department or its agent, and coded lists which maintain the
22 confidentiality of the person seeking to adopt the child and
23 of the child shall be made available, without charge, to
24 every adoption agency in the State to assist the agencies in
25 placing such children for adoption. The Department may
26 delegate to an agent its duty to maintain and make available
27 such lists. The Department shall ensure that such agent
28 maintains the confidentiality of the person seeking to adopt
29 the child and of the child.
30 (s) The Department of Children and Family Services may
31 establish and implement a program to reimburse Department and
32 private child welfare agency foster parents licensed by the
33 Department of Children and Family Services for damages
34 sustained by the foster parents as a result of the malicious
-18- LRB9000715PTcwam02
1 or negligent acts of foster children, as well as providing
2 third party coverage for such foster parents with regard to
3 actions of foster children to other individuals. Such
4 coverage will be secondary to the foster parent liability
5 insurance policy, if applicable. The program shall be funded
6 through appropriations from the General Revenue Fund,
7 specifically designated for such purposes.
8 (t) The Department shall perform home studies and
9 investigations and shall exercise supervision over visitation
10 as ordered by a court pursuant to the Illinois Marriage and
11 Dissolution of Marriage Act or the Adoption Act only if:
12 (1) an order entered by an Illinois court
13 specifically directs the Department to perform such
14 services; and
15 (2) the court has ordered one or both of the
16 parties to the proceeding to reimburse the Department for
17 its reasonable costs for providing such services in
18 accordance with Department rules, or has determined that
19 neither party is financially able to pay.
20 The Department shall provide written notification to the
21 court of the specific arrangements for supervised visitation
22 and projected monthly costs within 60 days of the court
23 order. The Department shall send to the court information
24 related to the costs incurred except in cases where the court
25 has determined the parties are financially unable to pay. The
26 court may order additional periodic reports as appropriate.
27 (u) Whenever the Department places a child in a licensed
28 foster home, group home, child care institution, or in a
29 relative home, the Department shall provide to the caretaker:
30 (1) available detailed information concerning the
31 child's educational and health history, copies of
32 immunization records (including insurance and medical
33 card information), a history of the child's previous
34 placements, if any, and reasons for placement changes
-19- LRB9000715PTcwam02
1 excluding any information that identifies or reveals the
2 location of any previous caretaker;
3 (2) a copy of the child's portion of the client
4 service plan, including any visitation arrangement, and
5 all amendments or revisions to it as related to the
6 child; and
7 (3) information containing details of the child's
8 individualized educational plan when the child is
9 receiving special education services.
10 The caretaker shall be informed of any known social or
11 behavioral information (including, but not limited to, fire
12 setting, perpetuation of sexual abuse, destructive behavior,
13 and substance abuse) necessary to care for and safeguard the
14 child.
15 (u-5) Effective July 1, 1995, only foster care
16 placements licensed as foster family homes pursuant to the
17 Child Care Act of 1969 shall be eligible to receive foster
18 care payments from the Department. Relative caregivers who,
19 as of July 1, 1995, were approved pursuant to approved
20 relative placement rules previously promulgated by the
21 Department at 89 Ill. Adm. Code 335 and had submitted an
22 application for licensure as a foster family home may
23 continue to receive foster care payments only until the
24 Department determines that they may be licensed as a foster
25 family home or that their application for licensure is denied
26 or until September 30, 1995, whichever occurs first.
27 (v) The Department shall access criminal history record
28 information as defined in the Illinois Uniform Conviction
29 Information Act and information maintained in the
30 adjudicatory and dispositional record system as defined in
31 subdivision (A)19 of Section 55a of the Civil Administrative
32 Code of Illinois if the Department determines the information
33 is necessary to perform its duties under the Abused and
34 Neglected Child Reporting Act, the Child Care Act of 1969,
-20- LRB9000715PTcwam02
1 and the Children and Family Services Act. The Department
2 shall provide for interactive computerized communication and
3 processing equipment that permits direct on-line
4 communication with the Department of State Police's central
5 criminal history data repository. The Department shall
6 comply with all certification requirements and provide
7 certified operators who have been trained by personnel from
8 the Department of State Police. In addition, one Office of
9 the Inspector General investigator shall have training in the
10 use of the criminal history information access system and
11 have access to the terminal. The Department of Children and
12 Family Services and its employees shall abide by rules and
13 regulations established by the Department of State Police
14 relating to the access and dissemination of this information.
15 (w) Within 120 days of August 20, 1995 (the effective
16 date of Public Act 89-392), the Department shall prepare and
17 submit to the Governor and the General Assembly, a written
18 plan for the development of in-state licensed secure child
19 care facilities that care for children who are in need of
20 secure living arrangements for their health, safety, and
21 well-being. For purposes of this subsection, secure care
22 facility shall mean a facility that is designed and operated
23 to ensure that all entrances and exits from the facility, a
24 building or a distinct part of the building, are under the
25 exclusive control of the staff of the facility, whether or
26 not the child has the freedom of movement within the
27 perimeter of the facility, building, or distinct part of the
28 building. The plan shall include descriptions of the types
29 of facilities that are needed in Illinois; the cost of
30 developing these secure care facilities; the estimated number
31 of placements; the potential cost savings resulting from the
32 movement of children currently out-of-state who are projected
33 to be returned to Illinois; the necessary geographic
34 distribution of these facilities in Illinois; and a proposed
-21- LRB9000715PTcwam02
1 timetable for development of such facilities.
2 (Source: P.A. 88-380; 88-398; 88-487; 88-614, eff. 9-7-94;
3 88-670, eff. 12-2-94; 89-21, eff. 6-6-95; 89-392, eff.
4 8-20-95; 89-626, eff. 8-9-96; 90HB165eng with sam01.)
5 (Text of Section after amendment by P.A. 89-507)
6 Sec. 5. Direct child welfare services; Department of
7 Children and Family Services. To provide direct child welfare
8 services when not available through other public or private
9 child care or program facilities.
10 (a) For purposes of this Section:
11 (1) "Children" means persons found within the State
12 who are under the age of 18 years. The term also
13 includes persons under age 19 who:
14 (A) were committed to the Department pursuant
15 to the Juvenile Court Act or the Juvenile Court Act
16 of 1987, as amended, prior to the age of 18 and who
17 continue under the jurisdiction of the court; or
18 (B) were accepted for care, service and
19 training by the Department prior to the age of 18
20 and whose best interest in the discretion of the
21 Department would be served by continuing that care,
22 service and training because of severe emotional
23 disturbances, physical disability, social adjustment
24 or any combination thereof, or because of the need
25 to complete an educational or vocational training
26 program.
27 (2) "Homeless youth" means persons found within the
28 State who are under the age of 19, are not in a safe and
29 stable living situation and cannot be reunited with their
30 families.
31 (3) "Child welfare services" means public social
32 services which are directed toward the accomplishment of
33 the following purposes:
34 (A) protecting and promoting the health,
-22- LRB9000715PTcwam02
1 safety and welfare of children, including homeless,
2 dependent or neglected children;
3 (B) remedying, or assisting in the solution of
4 problems which may result in, the neglect, abuse,
5 exploitation or delinquency of children;
6 (C) preventing the unnecessary separation of
7 children from their families by identifying family
8 problems, assisting families in resolving their
9 problems, and preventing the breakup of the family
10 where the prevention of child removal is desirable
11 and possible when the child can be cared for at home
12 without endangering the child's health and safety;
13 (D) restoring to their families children who
14 have been removed, by the provision of services to
15 the child and the families when the child can be
16 cared for at home without endangering the child's
17 health and safety;
18 (E) placing children in suitable adoptive
19 homes, in cases where restoration to the biological
20 family is not safe, possible or appropriate;
21 (F) assuring safe and adequate care of
22 children away from their homes, in cases where the
23 child cannot be returned home or cannot be placed
24 for adoption. At the time of placement, the
25 Department shall consider concurrent planning, as
26 described in subsection (l-1) of this Section so
27 that permanency may occur at the earliest
28 opportunity. Consideration should be given so that
29 if reunification fails or is delayed, the placement
30 made is the best available placement to provide
31 permanency for the child;
32 (G) (blank);
33 (H) (blank); and
34 (I) placing and maintaining children in
-23- LRB9000715PTcwam02
1 facilities that provide separate living quarters for
2 children under the age of 18 and for children 18
3 years of age and older, unless a child 18 years of
4 age is in the last year of high school education or
5 vocational training, in an approved individual or
6 group treatment program, or in a licensed shelter
7 facility. The Department is not required to place or
8 maintain children:
9 (i) who are in a foster home, or
10 (ii) who are persons with a developmental
11 disability, as defined in the Mental Health and
12 Developmental Disabilities Code, or
13 (iii) who are female children who are
14 pregnant, pregnant and parenting or parenting,
15 or
16 (iv) who are siblings,
17 in facilities that provide separate living quarters
18 for children 18 years of age and older and for
19 children under 18 years of age.
20 (b) Nothing in this Section shall be construed to
21 authorize the expenditure of public funds for the purpose of
22 performing abortions.
23 (c) The Department shall establish and maintain
24 tax-supported child welfare services and extend and seek to
25 improve voluntary services throughout the State, to the end
26 that services and care shall be available on an equal basis
27 throughout the State to children requiring such services.
28 (d) The Director may authorize advance disbursements for
29 any new program initiative to any agency contracting with the
30 Department. As a prerequisite for an advance disbursement,
31 the contractor must post a surety bond in the amount of the
32 advance disbursement and have a purchase of service contract
33 approved by the Department. The Department may pay up to 2
34 months operational expenses in advance. The amount of the
-24- LRB9000715PTcwam02
1 advance disbursement shall be prorated over the life of the
2 contract or the remaining months of the fiscal year,
3 whichever is less, and the installment amount shall then be
4 deducted from future bills. Advance disbursement
5 authorizations for new initiatives shall not be made to any
6 agency after that agency has operated during 2 consecutive
7 fiscal years. The requirements of this Section concerning
8 advance disbursements shall not apply with respect to the
9 following: payments to local public agencies for child day
10 care services as authorized by Section 5a of this Act; and
11 youth service programs receiving grant funds under Section
12 17a-4.
13 (e) (Blank).
14 (f) (Blank).
15 (g) The Department shall establish rules and regulations
16 concerning its operation of programs designed to meet the
17 goals of child safety and protection, family preservation,
18 family reunification, and adoption, including but not limited
19 to:
20 (1) adoption;
21 (2) foster care;
22 (3) family counseling;
23 (4) protective services;
24 (5) (blank);
25 (6) homemaker service;
26 (7) return of runaway children;
27 (8) (blank);
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
-25- LRB9000715PTcwam02
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
-26- LRB9000715PTcwam02
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 be safe
34 and not be in imminent risk of harm, to any family whose
-27- LRB9000715PTcwam02
1 child has been placed in substitute care, any persons who
2 have adopted a child and require post-adoption services, or
3 any persons whose child or children are at risk of being
4 placed outside their home as documented by an "indicated"
5 report of suspected child abuse or neglect determined
6 pursuant to the Abused and Neglected Child Reporting Act.
7 Nothing in this paragraph shall be construed to create a
8 private right of action or claim on the part of any
9 individual or child 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
-28- LRB9000715PTcwam02
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 (l-1) The legislature recognizes that the best interests
10 of the child require that the child be placed in the most
11 permanent living arrangement as soon as is practically
12 possible. To achieve this goal, the legislature directs the
13 Department of Children and Family Services to conduct
14 concurrent planning so that permanency may occur at the
15 earliest opportunity. Permanent living arrangements may
16 include prevention of placement of a child outside the home
17 of the family when the child can be cared for at home without
18 endangering the child's health or safety; reunification with
19 the family, when safe and appropriate, if temporary placement
20 is necessary; or movement of the child toward the most
21 permanent living arrangement and permanent legal status.
22 When a child is placed in foster care, the Department
23 shall ensure and document that reasonable efforts were made
24 to prevent or eliminate the need to remove the child from the
25 child's home. The Department must make reasonable efforts to
26 reunify the family when temporary placement of the child
27 occurs or must request a finding from the court that
28 reasonable efforts are not appropriate or have been
29 unsuccessful. At any time after the dispositional hearing
30 where the Department believes that further reunification
31 services would be ineffective, it may request a finding from
32 the court that reasonable efforts are no longer appropriate.
33 The Department is not required to provide further
34 reunification services after such a finding.
-29- LRB9000715PTcwam02
1 A decision to place a child in substitute care shall be
2 made with considerations of the child's health, safety, and
3 best interests. At the time of placement, consideration
4 should also be given so that if reunification fails or is
5 delayed, the placement made is the best available placement
6 to provide permanency for the child.
7 The Department shall adopt rules addressing concurrent
8 planning for reunification and permanency. The Department
9 shall consider the following factors when determining
10 appropriateness of concurrent planning:
11 (1) the likelihood of prompt reunification;
12 (2) the past history of the family;
13 (3) the barriers to reunification being addressed
14 by the family;
15 (4) the level of cooperation of the family;
16 (5) the foster parents' willingness to work with
17 the family to reunite;
18 (6) the willingness and ability of the foster
19 family to provide an adoptive home or long-term
20 placement;
21 (7) the age of the child;
22 (8) placement of siblings.
23 (m) The Department may assume temporary custody of any
24 child if:
25 (1) it has received a written consent to such
26 temporary custody signed by the parents of the child or
27 by the parent having custody of the child if the parents
28 are not living together or by the guardian or custodian
29 of the child if the child is not in the custody of either
30 parent, or
31 (2) the child is found in the State and neither a
32 parent, guardian nor custodian of the child can be
33 located.
34 If the child is found in his or her residence without a
-30- LRB9000715PTcwam02
1 parent, guardian, custodian or responsible caretaker, the
2 Department may, instead of removing the child and assuming
3 temporary custody, place an authorized representative of the
4 Department in that residence until such time as a parent,
5 guardian or custodian enters the home and expresses a
6 willingness and apparent ability to ensure the child's health
7 and safety and resume permanent charge of the child, or until
8 a relative enters the home and is willing and able to ensure
9 the child's health and safety and assume charge of the child
10 until a parent, guardian or custodian enters the home and
11 expresses such willingness and ability to ensure the child's
12 safety and resume permanent charge. After a caretaker has
13 remained in the home for a period not to exceed 12 hours, the
14 Department must follow those procedures outlined in Section
15 2-9, 3-11, 4-8 or 5-9 of the Juvenile Court Act of 1987.
16 The Department shall have the authority, responsibilities
17 and duties that a legal custodian of the child would have
18 pursuant to subsection (9) of Section 1-3 of the Juvenile
19 Court Act of 1987. Whenever a child is taken into temporary
20 custody pursuant to an investigation under the Abused and
21 Neglected Child Reporting Act, or pursuant to a referral and
22 acceptance under the Juvenile Court Act of 1987 of a minor in
23 limited custody, the Department, during the period of
24 temporary custody and before the child is brought before a
25 judicial officer as required by Section 2-9, 3-11, 4-8 or 5-9
26 of the Juvenile Court Act of 1987, shall have the authority,
27 responsibilities and duties that a legal custodian of the
28 child would have under subsection (9) of Section 1-3 of the
29 Juvenile Court Act of 1987.
30 The Department shall ensure that any child taken into
31 custody is scheduled for an appointment for a medical
32 examination.
33 A parent, guardian or custodian of a child in the
34 temporary custody of the Department who would have custody of
-31- LRB9000715PTcwam02
1 the child if he were not in the temporary custody of the
2 Department may deliver to the Department a signed request
3 that the Department surrender the temporary custody of the
4 child. The Department may retain temporary custody of the
5 child for 10 days after the receipt of the request, during
6 which period the Department may cause to be filed a petition
7 pursuant to the Juvenile Court Act of 1987. If a petition is
8 so filed, the Department shall retain temporary custody of
9 the child until the court orders otherwise. If a petition is
10 not filed within the 10 day period, the child shall be
11 surrendered to the custody of the requesting parent, guardian
12 or custodian not later than the expiration of the 10 day
13 period, at which time the authority and duties of the
14 Department with respect to the temporary custody of the child
15 shall terminate.
16 (n) The Department may place children under 18 years of
17 age in licensed child care facilities when in the opinion of
18 the Department, appropriate services aimed at family
19 preservation have been unsuccessful and cannot ensure the
20 child's health and safety or are unavailable and such
21 placement would be for their best interest. Payment for
22 board, clothing, care, training and supervision of any child
23 placed in a licensed child care facility may be made by the
24 Department, by the parents or guardians of the estates of
25 those children, or by both the Department and the parents or
26 guardians, except that no payments shall be made by the
27 Department for any child placed in a licensed child care
28 facility for board, clothing, care, training and supervision
29 of such a child that exceed the average per capita cost of
30 maintaining and of caring for a child in institutions for
31 dependent or neglected children operated by the Department.
32 However, such restriction on payments does not apply in cases
33 where children require specialized care and treatment for
34 problems of severe emotional disturbance, physical
-32- LRB9000715PTcwam02
1 disability, social adjustment, or any combination thereof and
2 suitable facilities for the placement of such children are
3 not available at payment rates within the limitations set
4 forth in this Section. All reimbursements for services
5 delivered shall be absolutely inalienable by assignment,
6 sale, attachment, garnishment or otherwise.
7 (o) The Department shall establish an administrative
8 review and appeal process for children and families who
9 request or receive child welfare services from the
10 Department. Children who are wards of the Department and are
11 placed by private child welfare agencies, and foster families
12 with whom those children are placed, shall be afforded the
13 same procedural and appeal rights as children and families in
14 the case of placement by the Department, including the right
15 to an initial review of a private agency decision by that
16 agency. The Department shall insure that any private child
17 welfare agency, which accepts wards of the Department for
18 placement, affords those rights to children and foster
19 families. The Department shall accept for administrative
20 review and an appeal hearing a complaint made by a child or
21 foster family concerning a decision following an initial
22 review by a private child welfare agency. An appeal of a
23 decision concerning a change in the placement of a child
24 shall be conducted in an expedited manner.
25 (p) There is hereby created the Department of Children
26 and Family Services Emergency Assistance Fund from which the
27 Department may provide special financial assistance to
28 families which are in economic crisis when such assistance is
29 not available through other public or private sources and the
30 assistance is deemed necessary to prevent dissolution of the
31 family unit or to reunite families which have been separated
32 due to child abuse and neglect. The Department shall
33 establish administrative rules specifying the criteria for
34 determining eligibility for and the amount and nature of
-33- LRB9000715PTcwam02
1 assistance to be provided. The Department may also enter
2 into written agreements with private and public social
3 service agencies to provide emergency financial services to
4 families referred by the Department. Special financial
5 assistance payments shall be available to a family no more
6 than once during each fiscal year and the total payments to a
7 family may not exceed $500 during a fiscal year.
8 (q) The Department may receive and use, in their
9 entirety, for the benefit of children any gift, donation or
10 bequest of money or other property which is received on
11 behalf of such children, or any financial benefits to which
12 such children are or may become entitled while under the
13 jurisdiction or care of the Department.
14 The Department shall set up and administer no-cost,
15 interest-bearing savings accounts in appropriate financial
16 institutions ("individual accounts") for children for whom
17 the Department is legally responsible and who have been
18 determined eligible for Veterans' Benefits, Social Security
19 benefits, assistance allotments from the armed forces, court
20 ordered payments, parental voluntary payments, Supplemental
21 Security Income, Railroad Retirement payments, Black Lung
22 benefits, or other miscellaneous payments. Interest earned
23 by each individual account shall be credited to the account,
24 unless disbursed in accordance with this subsection.
25 In disbursing funds from children's individual accounts,
26 the Department shall:
27 (1) Establish standards in accordance with State
28 and federal laws for disbursing money from children's
29 individual accounts. In all circumstances, the
30 Department's "Guardianship Administrator" or his or her
31 designee must approve disbursements from children's
32 individual accounts. The Department shall be responsible
33 for keeping complete records of all disbursements for
34 each individual account for any purpose.
-34- LRB9000715PTcwam02
1 (2) Calculate on a monthly basis the amounts paid
2 from State funds for the child's board and care, medical
3 care not covered under Medicaid, and social services; and
4 utilize funds from the child's individual account, as
5 covered by regulation, to reimburse those costs.
6 Monthly, disbursements from all children's individual
7 accounts, up to 1/12 of $13,000,000, shall be deposited
8 by the Department into the General Revenue Fund and the
9 balance over 1/12 of $13,000,000 into the DCFS Children's
10 Services Fund.
11 (3) Maintain any balance remaining after
12 reimbursing for the child's costs of care, as specified
13 in item (2). The balance shall accumulate in accordance
14 with relevant State and federal laws and shall be
15 disbursed to the child or his or her guardian, or to the
16 issuing agency.
17 (r) The Department shall promulgate regulations
18 encouraging all adoption agencies to voluntarily forward to
19 the Department or its agent names and addresses of all
20 persons who have applied for and have been approved for
21 adoption of a hard-to-place or handicapped child and the
22 names of such children who have not been placed for adoption.
23 A list of such names and addresses shall be maintained by the
24 Department or its agent, and coded lists which maintain the
25 confidentiality of the person seeking to adopt the child and
26 of the child shall be made available, without charge, to
27 every adoption agency in the State to assist the agencies in
28 placing such children for adoption. The Department may
29 delegate to an agent its duty to maintain and make available
30 such lists. The Department shall ensure that such agent
31 maintains the confidentiality of the person seeking to adopt
32 the child and of the child.
33 (s) The Department of Children and Family Services may
34 establish and implement a program to reimburse Department and
-35- LRB9000715PTcwam02
1 private child welfare agency foster parents licensed by the
2 Department of Children and Family Services for damages
3 sustained by the foster parents as a result of the malicious
4 or negligent acts of foster children, as well as providing
5 third party coverage for such foster parents with regard to
6 actions of foster children to other individuals. Such
7 coverage will be secondary to the foster parent liability
8 insurance policy, if applicable. The program shall be funded
9 through appropriations from the General Revenue Fund,
10 specifically designated for such purposes.
11 (t) The Department shall perform home studies and
12 investigations and shall exercise supervision over visitation
13 as ordered by a court pursuant to the Illinois Marriage and
14 Dissolution of Marriage Act or the Adoption Act only if:
15 (1) an order entered by an Illinois court
16 specifically directs the Department to perform such
17 services; and
18 (2) the court has ordered one or both of the
19 parties to the proceeding to reimburse the Department for
20 its reasonable costs for providing such services in
21 accordance with Department rules, or has determined that
22 neither party is financially able to pay.
23 The Department shall provide written notification to the
24 court of the specific arrangements for supervised visitation
25 and projected monthly costs within 60 days of the court
26 order. The Department shall send to the court information
27 related to the costs incurred except in cases where the court
28 has determined the parties are financially unable to pay. The
29 court may order additional periodic reports as appropriate.
30 (u) Whenever the Department places a child in a licensed
31 foster home, group home, child care institution, or in a
32 relative home, the Department shall provide to the caretaker:
33 (1) available detailed information concerning the
34 child's educational and health history, copies of
-36- LRB9000715PTcwam02
1 immunization records (including insurance and medical
2 card information), a history of the child's previous
3 placements, if any, and reasons for placement changes
4 excluding any information that identifies or reveals the
5 location of any previous caretaker;
6 (2) a copy of the child's portion of the client
7 service plan, including any visitation arrangement, and
8 all amendments or revisions to it as related to the
9 child; and
10 (3) information containing details of the child's
11 individualized educational plan when the child is
12 receiving special education services.
13 The caretaker shall be informed of any known social or
14 behavioral information (including, but not limited to, fire
15 setting, perpetuation of sexual abuse, destructive behavior,
16 and substance abuse) necessary to care for and safeguard the
17 child.
18 (u-5) Effective July 1, 1995, only foster care
19 placements licensed as foster family homes pursuant to the
20 Child Care Act of 1969 shall be eligible to receive foster
21 care payments from the Department. Relative caregivers who,
22 as of July 1, 1995, were approved pursuant to approved
23 relative placement rules previously promulgated by the
24 Department at 89 Ill. Adm. Code 335 and had submitted an
25 application for licensure as a foster family home may
26 continue to receive foster care payments only until the
27 Department determines that they may be licensed as a foster
28 family home or that their application for licensure is denied
29 or until September 30, 1995, whichever occurs first.
30 (v) The Department shall access criminal history record
31 information as defined in the Illinois Uniform Conviction
32 Information Act and information maintained in the
33 adjudicatory and dispositional record system as defined in
34 subdivision (A)19 of Section 55a of the Civil Administrative
-37- LRB9000715PTcwam02
1 Code of Illinois if the Department determines the information
2 is necessary to perform its duties under the Abused and
3 Neglected Child Reporting Act, the Child Care Act of 1969,
4 and the Children and Family Services Act. The Department
5 shall provide for interactive computerized communication and
6 processing equipment that permits direct on-line
7 communication with the Department of State Police's central
8 criminal history data repository. The Department shall
9 comply with all certification requirements and provide
10 certified operators who have been trained by personnel from
11 the Department of State Police. In addition, one Office of
12 the Inspector General investigator shall have training in the
13 use of the criminal history information access system and
14 have access to the terminal. The Department of Children and
15 Family Services and its employees shall abide by rules and
16 regulations established by the Department of State Police
17 relating to the access and dissemination of this information.
18 (w) Within 120 days of August 20, 1995 (the effective
19 date of Public Act 89-392), the Department shall prepare and
20 submit to the Governor and the General Assembly, a written
21 plan for the development of in-state licensed secure child
22 care facilities that care for children who are in need of
23 secure living arrangements for their health, safety, and
24 well-being. For purposes of this subsection, secure care
25 facility shall mean a facility that is designed and operated
26 to ensure that all entrances and exits from the facility, a
27 building or a distinct part of the building, are under the
28 exclusive control of the staff of the facility, whether or
29 not the child has the freedom of movement within the
30 perimeter of the facility, building, or distinct part of the
31 building. The plan shall include descriptions of the types
32 of facilities that are needed in Illinois; the cost of
33 developing these secure care facilities; the estimated number
34 of placements; the potential cost savings resulting from the
-38- LRB9000715PTcwam02
1 movement of children currently out-of-state who are projected
2 to be returned to Illinois; the necessary geographic
3 distribution of these facilities in Illinois; and a proposed
4 timetable for development of such facilities.
5 (Source: P.A. 88-380; 88-398; 88-487; 88-614, eff. 9-7-94;
6 88-670, eff. 12-2-94; 89-21, eff. 6-6-95; 89-392, eff.
7 8-20-95; 89-507, eff. 7-1-97; 89-626, eff. 8-9-96; 90HB165eng
8 with sam01.)
9 (20 ILCS 505/6c new)
10 Sec. 6c. Parental inquiry. The Department shall
11 maintain a system of response to inquiry made by parents or
12 putative parents as to whether their child is under the
13 custody or guardianship of the Department; and if so, the
14 Department shall direct the parents or putative parents to
15 the appropriate court of jurisdiction, including where
16 inquiry may be made of the clerk of the court regarding the
17 case number and the next scheduled court date of the minor's
18 case. Effective notice and the means of accessing
19 information shall be given to the public on a continuing
20 basis by the Department.
21 (20 ILCS 505/7) (from Ch. 23, par. 5007)
22 Sec. 7. Placement of children; considerations.
23 (a) In placing any child under this Act, the Department
24 shall place such child, as far as possible, in the care and
25 custody of some individual holding the same religious belief
26 as the parents of the child, or with some child care facility
27 which is operated by persons of like religious faith as the
28 parents of such child.
29 (b) In placing a child under this Act, the Department
30 may place a child with a relative if the Department has
31 reason to believe that the relative will be able to
32 adequately provide for the child's safety and welfare. The
-39- LRB9000715PTcwam02
1 Department may not place a child with a relative, with the
2 exception of certain circumstances which may be waived as
3 defined by the Department in rules, if the results of a check
4 of the Law Enforcement Agency Data System (LEADS) identifies
5 a prior criminal conviction of the relative or any adult
6 member of the relative's household for any of the following
7 offenses under the Criminal Code of 1961:
8 (1) murder;
9 (1.1) solicitation of murder;
10 (1.2) solicitation of murder for hire;
11 (1.3) intentional homicide of an unborn child;
12 (1.4) voluntary manslaughter of an unborn child;
13 (1.5) involuntary manslaughter;
14 (1.6) reckless homicide;
15 (1.7) concealment of a homicidal death;
16 (1.8) involuntary manslaughter of an unborn child;
17 (1.9) reckless homicide of an unborn child;
18 (1.10) drug-induced homicide;
19 (2) a sex offense under Article 11, except offenses
20 described in Sections 11-7, 11-8, 11-12, and 11-13;
21 (3) kidnapping;
22 (3.1) aggravated unlawful restraint;
23 (3.2) forcible detention;
24 (3.3) aiding and abetting child abduction;
25 (4) aggravated kidnapping;
26 (5) child abduction;
27 (6) aggravated battery of a child;
28 (7) criminal sexual assault;
29 (8) aggravated criminal sexual assault;
30 (8.1) predatory criminal sexual assault of a child;
31 (9) criminal sexual abuse;
32 (10) aggravated sexual abuse;
33 (11) heinous battery;
34 (12) aggravated battery with a firearm;
-40- LRB9000715PTcwam02
1 (13) tampering with food, drugs, or cosmetics;
2 (14) drug-induced infliction of great bodily harm;
3 (15) aggravated stalking;
4 (16) home invasion;
5 (17) vehicular invasion;
6 (18) criminal transmission of HIV;
7 (19) criminal neglect of an elderly or disabled
8 person;
9 (20) child abandonment;
10 (21) endangering the life or health of a child;
11 (22) ritual mutilation;
12 (23) ritualized abuse of a child;
13 (24) an offense in any other state the elements of
14 which are similar and bear a substantial relationship to
15 any of the foregoing offenses.
16 For the purpose of this subsection, "relative" shall include
17 any person, 21 years of age or over, other than the parent,
18 who (i) is currently related to the child in any of the
19 following ways by blood or adoption: grandparent, sibling,
20 great-grandparent, uncle, aunt, nephew, niece, first cousin,
21 great-uncle, or great-aunt; or (ii) is the spouse of such a
22 relative; or (iii) is the child's step-father, step-mother,
23 or adult step-brother or step-sister; "relative" also
24 includes a person related in any of the foregoing ways to a
25 sibling of a child, even though the person is not related to
26 the child, when the child and its sibling are placed together
27 with that person. A relative with whom a child is placed
28 pursuant to this subsection may, but is not required to,
29 apply for licensure as a foster family home pursuant to the
30 Child Care Act of 1969; provided, however, that as of July 1,
31 1995, foster care payments shall be made only to licensed
32 foster family homes pursuant to the terms of Section 5 of
33 this Act.
34 (c) In placing a child under this Act, the Department
-41- LRB9000715PTcwam02
1 shall ensure that the child's health, safety, and best
2 interests are met by giving due, not sole, consideration to
3 the child's race or ethnic heritage in making a family foster
4 care placement. The Department shall consider the cultural,
5 ethnic, or racial background of the child and the capacity of
6 the prospective foster or adoptive parents to meet the needs
7 of a child of this background as one of a number of factors
8 used to determine the best interests of the child. The
9 Department shall make special efforts for the diligent
10 recruitment of potential foster and adoptive families that
11 reflect the ethnic and racial diversity of the children for
12 whom foster and adoptive homes are needed. "Special efforts"
13 shall include contacting and working with community
14 organizations and religious organizations and may include
15 contracting with those organizations, utilizing local media
16 and other local resources, and conducting outreach
17 activities.
18 (c-1) At the time of placement, the Department shall
19 consider concurrent planning, as described in subsection
20 (l-1) of Section 5, so that permanency may occur at the
21 earliest opportunity. Consideration should be given so that
22 if reunification fails or is delayed, the placement made is
23 the best available placement to provide permanency for the
24 child.
25 (d) The Department may accept gifts, grants, offers of
26 services, and other contributions to use in making special
27 recruitment efforts.
28 (e) The Department in placing children in adoptive or
29 foster care homes may not, in any policy or practice relating
30 to the placement of children for adoption or foster care,
31 discriminate against any child or prospective adoptive or
32 foster parent on the basis of race.
33 (Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-428, eff.
34 12-13-95; 89-462, eff. 5-29-96; 89-626, eff. 8-9-96;
-42- LRB9000715PTcwam02
1 90HB165eng with sam01.)
2 Section 10. The State Mandates Act is amended, if and
3 only if the provisions of House Bill 165 of the 90th General
4 Assembly that are changed by this amendatory Act of 1997
5 become law, by adding Section 8.21 as follows:
6 (30 ILCS 805/8.21 new)
7 Sec. 8.21. Exempt mandate. Notwithstanding Sections 6
8 and 8 of this Act, no reimbursement by the State is required
9 for the implementation of any mandate created by this
10 amendatory Act of 1997 (House Bill 66 of the 90th General
11 Assembly) or by House Bill 165 of the 90th General Assembly.
12 Section 15. The Child Care Act of 1969 is amended, if
13 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 changing Section 4.2 as follows:
16 (225 ILCS 10/4.2) (from Ch. 23, par. 2214.2)
17 Sec. 4.2. (a) No applicant may receive a license from
18 the Department and no person may be employed by a licensed
19 child care facility who refuses to authorize an investigation
20 as required by Section 4.1.
21 (b) No applicant may receive a license from the
22 Department and no person may be employed by a child care
23 facility licensed by the Department who has been declared a
24 sexually dangerous person under "An Act in relation to
25 sexually dangerous persons, and providing for their
26 commitment, detention and supervision", approved July 6,
27 1938, as amended, or convicted of committing or attempting to
28 commit any of the following offenses stipulated under the
29 Criminal Code of 1961:
30 (1) murder;
-43- LRB9000715PTcwam02
1 (1.1) solicitation of murder;
2 (1.2) solicitation of murder for hire;
3 (1.3) intentional homicide of an unborn child;
4 (1.4) voluntary manslaughter of an unborn child;
5 (1.5) involuntary manslaughter;
6 (1.6) reckless homicide;
7 (1.7) concealment of a homicidal death;
8 (1.8) involuntary manslaughter of an unborn child;
9 (1.9) reckless homicide of an unborn child;
10 (1.10) drug induced homicide;
11 (2) a sex offense under Article 11, except offenses
12 described in Sections 11-7, 11-8, 11-12, and 11-13;
13 (3) kidnapping;
14 (3.1) aggravated unlawful restraint;
15 (3.2) forcible detention;
16 (3.3) harboring a runaway;
17 (3.4) aiding and abetting child abduction;
18 (4) aggravated kidnapping;
19 (5) child abduction;
20 (6) aggravated battery of a child;
21 (7) criminal sexual assault;
22 (8) aggravated criminal sexual assault;
23 (8.1) predatory criminal sexual assault of a child;
24 (9) criminal sexual abuse;
25 (10) aggravated sexual abuse;
26 (11) heinous battery;
27 (12) aggravated battery with a firearm;
28 (13) tampering with food, drugs, or cosmetics;
29 (14) drug induced infliction of great bodily harm;
30 (15) hate crime;
31 (16) stalking;
32 (17) aggravated stalking;
33 (18) threatening public officials;
34 (19) home invasion;
-44- LRB9000715PTcwam02
1 (20) vehicular invasion;
2 (21) criminal transmission of HIV;
3 (22) criminal neglect of an elderly or disabled
4 person;
5 (23) child abandonment;
6 (24) endangering the life or health of a child;
7 (25) ritual mutilation;
8 (26) ritualized abuse of a child;
9 (27) an offense in any other state the elements of
10 which are similar and bear a substantial relationship to
11 any of the foregoing offenses.
12 (c) In addition to the provisions set forth in
13 subsection (b), no applicant may receive a license from the
14 Department to operate a foster family home, and no adult
15 person may reside in a foster family home licensed by the
16 Department, who has been convicted of committing or
17 attempting to commit any of the following offenses stipulated
18 under the Criminal Code of 1961, the Cannabis Control Act,
19 and the Illinois Controlled Substances Act:
20 (I) OFFENSES DIRECTED AGAINST THE PERSON
21 (A) KIDNAPPING AND RELATED OFFENSES
22 (1) Unlawful restraint.
23 (B) BODILY HARM
24 (2) Felony aggravated assault.
25 (3) Vehicular endangerment.
26 (4) Felony domestic battery.
27 (5) Aggravated battery.
28 (6) Heinous battery.
29 (7) Aggravated battery with a firearm.
30 (8) Aggravated battery of an unborn child.
31 (9) Aggravated battery of a senior citizen.
32 (10) Intimidation.
33 (11) Compelling organization membership of persons.
-45- LRB9000715PTcwam02
1 (12) Abuse and gross neglect of a long term care
2 facility resident.
3 (13) Felony violation of an order of protection.
4 (II) OFFENSES DIRECTED AGAINST PROPERTY
5 (14) Felony theft.
6 (15) Robbery.
7 (16) Armed robbery.
8 (17) Aggravated robbery.
9 (18) Vehicular hijacking.
10 (19) Aggravated vehicular hijacking.
11 (20) Burglary.
12 (21) Possession of burglary tools.
13 (22) Residential burglary.
14 (23) Criminal fortification of a residence or
15 building.
16 (24) Arson.
17 (25) Aggravated arson.
18 (26) Possession of explosive or explosive
19 incendiary devices.
20 (III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
21 (27) Felony unlawful use of weapons.
22 (28) Aggravated discharge of a firearm.
23 (29) Reckless discharge of a firearm.
24 (30) Unlawful use of metal piercing bullets.
25 (31) Unlawful sale or delivery of firearms on the
26 premises of any school.
27 (32) Disarming a police officer.
28 (33) Obstructing justice.
29 (34) Concealing or aiding a fugitive.
30 (35) Armed violence.
31 (36) Felony contributing to the criminal
32 delinquency of a juvenile.
-46- LRB9000715PTcwam02
1 (IV) DRUG OFFENSES
2 (37) Possession of more than 30 grams of cannabis.
3 (38) Manufacture of more than 10 grams of cannabis.
4 (39) Cannabis trafficking.
5 (40) Delivery of cannabis on school grounds.
6 (41) Unauthorized production of more than 5
7 cannabis sativa plants.
8 (42) Calculated criminal cannabis conspiracy.
9 (43) Unauthorized manufacture or delivery of
10 controlled substances.
11 (44) Controlled substance trafficking.
12 (45) Manufacture, distribution, or advertisement of
13 look-alike substances.
14 (46) Calculated criminal drug conspiracy.
15 (46.5) Streetgang criminal drug conspiracy.
16 (47) Permitting unlawful use of a building.
17 (48) Delivery of controlled, counterfeit, or
18 look-alike substances to persons under age 18, or at
19 truck stops, rest stops, or safety rest areas, or on
20 school property.
21 (49) Using, engaging, or employing persons under 18
22 to deliver controlled, counterfeit, or look-alike
23 substances.
24 (50) Delivery of controlled substances.
25 (51) Sale or delivery of drug paraphernalia.
26 (52) Felony possession, sale, or exchange of
27 instruments adapted for use of a controlled substance or
28 cannabis by subcutaneous injection.
29 (d) Notwithstanding subsection (c), the Department may
30 issue a new foster family home license or may renew an
31 existing foster family home license of an applicant who was
32 convicted of an offense described in subsection (c), provided
33 all of the following requirements are met:
34 (1) The relevant criminal offense or offenses
-47- LRB9000715PTcwam02
1 occurred more than 10 years prior to the effective date
2 of application or renewal this amendatory Act of 1997.
3 (2) The applicant had previously disclosed the
4 conviction or convictions to the Department for purposes
5 of a background check.
6 (3) After the disclosure, the Department either
7 placed a child in the home or the foster family home
8 license was issued.
9 (4) During the background check, the Department had
10 assessed and waived the conviction in compliance with the
11 existing statutes and rules in effect at the time of the
12 waiver.
13 (5) The applicant meets all other requirements and
14 qualifications to be licensed as a foster family home
15 under this Act and the Department's administrative rules.
16 (6) The applicant has a history of providing a
17 safe, stable home environment and appears able to
18 continue to provide a safe, stable home environment.
19 (Source: P.A. 89-21, eff. 7-1-95; 89-263, eff. 8-10-95;
20 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-498, eff.
21 6-27-96: 90HB165eng with sam01.)
22 Section 20. The Abused and Neglected Child Reporting Act
23 is amended by adding Section 4.3 as follows:
24 (325 ILCS 5/4.3 new)
25 Sec. 4.3. DCFS duty to report. The Department shall
26 report the disappearance of any child under its custody or
27 guardianship to the local law enforcement agency working in
28 cooperation with the I SEARCH Unit located nearest the last
29 known whereabouts of the child.
30 Section 25. The Intergovernmental Missing Child Recovery
31 Act of 1984 is amended by changing Section 3 as follows:
-48- LRB9000715PTcwam02
1 (325 ILCS 40/3) (from Ch. 23, par. 2253)
2 Sec. 3. Each I SEARCH unit shall be established to
3 promote an immediate and effective community response to
4 missing children and may engage in, but shall not be limited
5 to, the following activities:
6 (a) To establish and conduct programs to educate
7 parents, children and communities in ways to prevent the
8 abduction of children.
9 (b) To conduct training programs and distribute
10 materials providing guidelines for children when dealing with
11 strangers, casual acquaintances, or non-custodial parents, in
12 order to avoid abduction or kidnapping situations.
13 (c) To compile, maintain and make available data upon
14 the request of law enforcement agencies and other entities
15 deemed appropriate by the Department to assist enforcement
16 agencies in recovering missing children, including but not
17 limited to data regarding the places of shelter commonly used
18 by runaway children in the geographical area encompassed by
19 the I SEARCH Unit.
20 (d) To draft and implement plans for the most efficient
21 use of available resources to publicize and conduct searches
22 for missing children.
23 (e) To establish and maintain contacts with other I
24 SEARCH Units, law enforcement agencies, and the Department in
25 order to increase the probability of locating and returning
26 missing children, and to otherwise assist in the recovery and
27 tracking of missing children.
28 (f) To coordinate the tracking and recovery of children
29 under the custody or guardianship of the Department of
30 Children and Family Services whose disappearance has been
31 reported and to produce an annual report indicating the
32 number of children under the custody or guardianship of that
33 Department who have been reported missing and the number who
34 have been recovered.
-49- LRB9000715PTcwam02
1 (g) To conduct other activities as may be necessary to
2 achieve the goals established by this Act.
3 (Source: P.A. 83-1354.)
4 Section 30. The Juvenile Court Act of 1987 is amended,
5 if and only if the provisions of House Bill 165 of the 90th
6 General Assembly that are changed by this amendatory Act of
7 1997 become law, by changing Sections 1-2, 1-5, 2-15, 2-16,
8 2-17, 2-20, 2-21, 2-23, 2-27, 2-28, and 2-28.1 and by adding
9 Section 2-32 as follows:
10 (705 ILCS 405/1-2) (from Ch. 37, par. 801-2)
11 (Text of Section before amendment by P.A. 89-704)
12 Sec. 1-2. Purpose and policy. (1) The purpose of this
13 Act is to secure for each minor subject hereto such care and
14 guidance, preferably in his or her own home, as will serve
15 the moral, emotional, mental, and physical welfare of the
16 minor and the best interests of the community; to preserve
17 and strengthen the minor's family ties whenever possible,
18 removing him or her from the custody of his or her parents
19 only when his or her welfare or safety or the protection of
20 the public cannot be adequately safeguarded without removal;
21 and, when the minor is removed from his or her own family, to
22 secure for him or her custody, care and discipline as nearly
23 as possible equivalent to that which should be given by his
24 or her parents, and in cases where it should and can properly
25 be done to place the minor in a family home so that he or she
26 may become a member of the family by legal adoption or
27 otherwise.
28 (2) In all proceedings under this Act the court may
29 direct the course thereof so as promptly to ascertain the
30 jurisdictional facts and fully to gather information bearing
31 upon the current condition and future welfare of persons
32 subject to this Act. This Act shall be administered in a
-50- LRB9000715PTcwam02
1 spirit of humane concern, not only for the rights of the
2 parties, but also for the fears and the limits of
3 understanding of all who appear before the court.
4 (3) In all procedures under this Act, the following
5 shall apply:
6 (a) The procedural rights assured to the minor shall be
7 the rights of adults unless specifically precluded by laws
8 which enhance the protection of such minors.
9 (b) Every child has a right to services necessary to his
10 or her proper development, including health, education and
11 social services.
12 (c) The parents' right to the custody of their child
13 shall not prevail when the court determines that it is
14 contrary to the best interests of the child.
15 (4) This Act shall be liberally construed to carry out
16 the foregoing purpose and policy.
17 (Source: P.A. 85-601; 90HB165eng with sam01.)
18 (Text of Section after amendment by P.A. 89-704)
19 Sec. 1-2. Purpose and policy.
20 (1) The purpose of this Act is to secure for each minor
21 subject hereto such care and guidance, preferably in his or
22 her own home, as will serve the safety and moral, emotional,
23 mental, and physical welfare of the minor and the best
24 interests of the community; to preserve and strengthen the
25 minor's family ties whenever possible, removing him or her
26 from the custody of his or her parents only when his or her
27 safety or welfare or the protection of the public cannot be
28 adequately safeguarded without removal; if the child is
29 removed from the custody of his or her parent, the Department
30 of Children and Family Services immediately shall consider
31 concurrent planning, as described in Section 5 of the
32 Children and Family Services Act so that permanency may occur
33 at the earliest opportunity; consideration should be given so
34 that if reunification fails or is delayed, the placement made
-51- LRB9000715PTcwam02
1 is the best available placement to provide permanency for the
2 child; and, when the minor is removed from his or her own
3 family, to secure for him or her custody, care and discipline
4 as nearly as possible equivalent to that which should be
5 given by his or her parents, and in cases where it should and
6 can properly be done to place the minor in a family home so
7 that he or she may become a member of the family by legal
8 adoption or otherwise. Provided that a ground for unfitness
9 under the Adoption Act can be met, it may be appropriate to
10 expedite termination of parental rights:
11 (a) when reasonable efforts are inappropriate, or have
12 been provided and were unsuccessful, and there are
13 aggravating circumstances including, but not limited to,
14 those cases in which (i) a child or a sibling of the child
15 was (A) abandoned, (B) tortured, or (C) chronically abused or
16 (ii) the parent is criminally convicted of (A) first degree
17 murder or second degree murder of any child, (B) attempt or
18 conspiracy to commit first degree murder or second degree
19 murder of any child, (C) solicitation to commit murder,
20 solicitation to commit murder for hire, or solicitation to
21 commit second degree murder of any child, or accountability
22 for the first or second degree murder of any child, or (D)
23 aggravated criminal sexual assault in violation of Section
24 12-14(b)(1) of the Criminal Code of 1961; or
25 (b) when the parental rights of a parent with respect to
26 a sibling of the child have been involuntarily terminated; or
27 (c) in those extreme cases in which the parent's
28 incapacity to care for the child, combined with an extremely
29 poor prognosis for treatment or rehabilitation, justifies
30 expedited termination of parental rights.
31 (2) In all proceedings under this Act the court may
32 direct the course thereof so as promptly to ascertain the
33 jurisdictional facts and fully to gather information bearing
34 upon the current condition and future welfare of persons
-52- LRB9000715PTcwam02
1 subject to this Act. This Act shall be administered in a
2 spirit of humane concern, not only for the rights of the
3 parties, but also for the fears and the limits of
4 understanding of all who appear before the court.
5 (3) In all procedures under this Act, the following
6 shall apply:
7 (a) The procedural rights assured to the minor
8 shall be the rights of adults unless specifically
9 precluded by laws which enhance the protection of such
10 minors.
11 (b) Every child has a right to services necessary
12 to his or her safety and proper development, including
13 health, education and social services.
14 (c) The parents' right to the custody of their
15 child shall not prevail when the court determines that it
16 is contrary to the health, safety, and best interests of
17 the child.
18 (4) This Act shall be liberally construed to carry out
19 the foregoing purpose and policy.
20 (Source: P.A. 89-704, eff. 1-1-98; 90HB165eng with sam01.)
21 (705 ILCS 405/1-5) (from Ch. 37, par. 801-5)
22 Sec. 1-5. Rights of parties to proceedings.
23 (1) Except as provided in this Section and paragraph (2)
24 of Sections 2-22, 3-23, 4-20 or 5-22, the minor who is the
25 subject of the proceeding and his parents, guardian, legal
26 custodian or responsible relative who are parties respondent
27 have the right to be present, to be heard, to present
28 evidence material to the proceedings, to cross-examine
29 witnesses, to examine pertinent court files and records and
30 also, although proceedings under this Act are not intended to
31 be adversary in character, the right to be represented by
32 counsel. At the request of any party financially unable to
33 employ counsel, with the exception of a foster parent
-53- LRB9000715PTcwam02
1 permitted to intervene under this Section, the court shall
2 appoint the Public Defender or such other counsel as the case
3 may require. Counsel appointed for the minor and any indigent
4 party shall appear at all stages of the trial court
5 proceeding, and such appointment shall continue through the
6 including permanency hearings and termination of parental
7 rights proceedings subject to withdrawal or substitution
8 pursuant to Supreme Court Rules or the Code of Civil
9 Procedure. Following the dispositional hearing, the court may
10 require appointed counsel to withdraw his or her appearance
11 upon failure of the party for whom counsel was appointed
12 under this Section to attend any subsequent proceedings.
13 No hearing on any petition or motion filed under this Act
14 may be commenced unless the minor who is the subject of the
15 proceeding is represented by counsel. Each adult respondent
16 shall be furnished a written "Notice of Rights" at or before
17 the first hearing at which he or she appears.
18 (1.5) The Department shall maintain a system of response
19 to inquiry made by parents or putative parents as to whether
20 their child is under the custody or guardianship of the
21 Department; and if so, the Department shall direct the
22 parents or putative parents to the appropriate court of
23 jurisdiction, including where inquiry may be made of the
24 clerk of the court regarding the case number and the next
25 scheduled court date of the minor's case. Effective notice
26 and the means of accessing information shall be given to the
27 public on a continuing basis by the Department.
28 (2) (a) Though not appointed guardian or legal custodian
29 or otherwise made a party to the proceeding, any current or
30 previously appointed foster parent or representative of an
31 agency or association interested in the minor has the right
32 to be heard by the court, but does not thereby become a party
33 to the proceeding.
34 In addition to the foregoing right to be heard by the
-54- LRB9000715PTcwam02
1 court, any current foster parent of a minor and the agency
2 designated by the court or the Department of Children and
3 Family Services as custodian of the minor who has been
4 adjudicated an abused or neglected minor under Section 2-3 or
5 a dependent minor under Section 2-4 of this Act has the right
6 to and shall be given adequate notice at all stages of any
7 hearing or proceeding under this Act wherein the custody or
8 status of the minor may be changed. Such notice shall
9 contain a statement regarding the nature and denomination of
10 the hearing or proceeding to be held, the change in custody
11 or status of the minor sought to be obtained at such hearing
12 or proceeding, and the date, time and place of such hearing
13 or proceeding. The Department of Children and Family
14 Services or the licensed child welfare agency that has placed
15 the minor with the foster parent shall notify the clerk of
16 the court of the name and address of the current foster
17 parent. The clerk shall mail the notice by certified mail
18 marked for delivery to addressee only. The regular return
19 receipt for certified mail is sufficient proof of service.
20 Any foster parent who is denied his or her right to be
21 heard under this Section may bring a mandamus action under
22 Article XIV of the Code of Civil Procedure against the court
23 or any public agency to enforce that right. The mandamus
24 action may be brought immediately upon the denial of those
25 rights but in no event later than 30 days after the foster
26 parent has been denied the right to be heard.
27 (b) If after an adjudication that a minor is abused or
28 neglected as provided under Section 2-21 of this Act and a
29 motion has been made to restore the minor to any parent,
30 guardian, or legal custodian found by the court to have
31 caused the neglect or to have inflicted the abuse on the
32 minor, a foster parent may file a motion to intervene in the
33 proceeding for the sole purpose of requesting that the minor
34 be placed with the foster parent, provided that the foster
-55- LRB9000715PTcwam02
1 parent (i) is the current foster parent of the minor or (ii)
2 has previously been a foster parent for the minor for one
3 year or more, has a foster care license or is eligible for a
4 license, and is not the subject of any findings of abuse or
5 neglect of any child. The juvenile court may only enter
6 orders placing a minor with a specific foster parent under
7 this subsection (2)(b) and nothing in this Section shall be
8 construed to confer any jurisdiction or authority on the
9 juvenile court to issue any other orders requiring the
10 appointed guardian or custodian of a minor to place the minor
11 in a designated foster home or facility. This Section is not
12 intended to encompass any matters that are within the scope
13 or determinable under the administrative and appeal process
14 established by rules of the Department of Children and Family
15 Services under Section 5(o) of the Children and Family
16 Services Act. Nothing in this Section shall relieve the
17 court of its responsibility, under Section 2-14(a) of this
18 Act to act in a just and speedy manner to reunify families
19 where it is the best interests of the minor and the child can
20 be cared for at home without endangering the child's health
21 or safety and, if reunification is not in the best interests
22 of the minor, to find another permanent home for the minor.
23 Nothing in this Section, or in any order issued by the court
24 with respect to the placement of a minor with a foster
25 parent, shall impair the ability of the Department of
26 Children and Family Services, or anyone else authorized under
27 Section 5 of the Abused and Neglected Child Reporting Act, to
28 remove a minor from the home of a foster parent if the
29 Department of Children and Family Services or the person
30 removing the minor has reason to believe that the
31 circumstances or conditions of the minor are such that
32 continuing in the residence or care of the foster parent will
33 jeopardize the child's health and safety or present an
34 imminent risk of harm to that minor's life.
-56- LRB9000715PTcwam02
1 (c) If a foster parent has had the minor who is the
2 subject of the proceeding under Article II in his or her home
3 for more than one year on or after July 3, 1994 and if the
4 minor's placement is being terminated from that foster
5 parent's home, that foster parent shall have standing and
6 intervenor status except in those circumstances where the
7 Department of Children and Family Services or anyone else
8 authorized under Section 5 of the Abused and Neglected Child
9 Reporting Act has removed the minor from the foster parent
10 because of a reasonable belief that the circumstances or
11 conditions of the minor are such that continuing in the
12 residence or care of the foster parent will jeopardize the
13 child's health or safety or presents an imminent risk of harm
14 to the minor's life.
15 (d) The court may grant standing to any foster parent if
16 the court finds that it is in the best interest of the child
17 for the foster parent to have standing and intervenor status.
18 (3) Parties respondent are entitled to notice in
19 compliance with Sections 2-15 and 2-16, 3-17 and 3-18, 4-14
20 and 4-15 or 5-15 and 5-16, as appropriate. At the first
21 appearance before the court by the minor, his parents,
22 guardian, custodian or responsible relative, the court shall
23 explain the nature of the proceedings and inform the parties
24 of their rights under the first 2 paragraphs of this Section.
25 If the child is alleged to be abused, neglected or
26 dependent, the court shall admonish the parents that if the
27 court declares the child to be a ward of the court and awards
28 custody or guardianship to the Department of Children and
29 Family Services, the parents must cooperate with the
30 Department of Children and Family Services, comply with the
31 terms of the service plans, and correct the conditions that
32 require the child to be in care, or risk termination of their
33 parental rights.
34 Upon an adjudication of wardship of the court under
-57- LRB9000715PTcwam02
1 Sections 2-22, 3-23, 4-20 or 5-22, the court shall inform the
2 parties of their right to appeal therefrom as well as from
3 any other final judgment of the court.
4 When the court finds that a child is an abused,
5 neglected, or dependent minor under Section 2-21, the court
6 shall admonish the parents that the parents must cooperate
7 with the Department of Children and Family Services, comply
8 with the terms of the service plans, and correct the
9 conditions that require the child to be in care, or risk
10 termination of their parental rights.
11 When the court declares a child to be a ward of the court
12 and awards guardianship to the Department of Children and
13 Family Services under Section 2-22, the court shall admonish
14 the parents, guardian, custodian, or responsible relative
15 that the parents must cooperate with the Department of
16 Children and Family Services, comply with the terms of the
17 service plans, and correct the conditions that require the
18 child to be in care, or risk termination of their parental
19 rights.
20 (4) No sanction may be applied against the minor who is
21 the subject of the proceedings by reason of his refusal or
22 failure to testify in the course of any hearing held prior to
23 final adjudication under Section 2-22, 3-23, 4-20 or 5-22.
24 (5) In the discretion of the court, the minor may be
25 excluded from any part or parts of a dispositional hearing
26 and, with the consent of the parent or parents, guardian,
27 counsel or a guardian ad litem, from any part or parts of an
28 adjudicatory hearing.
29 (6) The general public except for the news media and the
30 victim shall be excluded from any hearing and, except for the
31 persons specified in this Section only persons, including
32 representatives of agencies and associations, who in the
33 opinion of the court have a direct interest in the case or in
34 the work of the court shall be admitted to the hearing.
-58- LRB9000715PTcwam02
1 However, the court may, for the minor's safety and protection
2 and for good cause shown, prohibit any person or agency
3 present in court from further disclosing the minor's
4 identity.
5 (Source: P.A. 87-759; 88-7; 88-549, eff. 7-3-94; 88-550, eff.
6 7-3-94; 88-691, eff. 1-24-95; 89-235, eff. 8-4-95; 90HB165eng
7 with sam01.)
8 (705 ILCS 405/2-15) (from Ch. 37, par. 802-15)
9 Sec. 2-15. Summons. (1) When a petition is filed, the
10 clerk of the court shall issue a summons with a copy of the
11 petition attached. The summons shall be directed to the
12 minor's legal guardian or custodian and to each person named
13 as a respondent in the petition, except that summons need not
14 be directed to a minor respondent under 8 years of age for
15 whom the court appoints a guardian ad litem if the guardian
16 ad litem appears on behalf of the minor in any proceeding
17 under this Act.
18 (2) The summons must contain a statement that the minor
19 or any of the respondents is entitled to have an attorney
20 present at the hearing on the petition, and that the clerk of
21 the court should be notified promptly if the minor or any
22 other respondent desires to be represented by an attorney but
23 is financially unable to employ counsel.
24 (3) The summons shall be issued under the seal of the
25 court, attested in and signed with the name of the clerk of
26 the court, dated on the day it is issued, and shall require
27 each respondent to appear and answer the petition on the date
28 set for the adjudicatory hearing. The summons shall contain a
29 notice that the parties will not be entitled to further
30 written notices or publication notices of proceedings in this
31 case, including the filing of an amended petition or a motion
32 to terminate parental rights, except as required by Supreme
33 Court Rule 11.
-59- LRB9000715PTcwam02
1 (4) The summons may be served by any county sheriff,
2 coroner or probation officer, even though the officer is the
3 petitioner. The return of the summons with endorsement of
4 service by the officer is sufficient proof thereof.
5 (5) Service of a summons and petition shall be made by:
6 (a) leaving a copy thereof with the person summoned at least
7 3 days before the time stated therein for appearance; (b)
8 leaving a copy at his usual place of abode with some person
9 of the family, of the age of 10 years or upwards, and
10 informing that person of the contents thereof, provided the
11 officer or other person making service shall also send a copy
12 of the summons in a sealed envelope with postage fully
13 prepaid, addressed to the person summoned at his usual place
14 of abode, at least 3 days before the time stated therein for
15 appearance; or (c) leaving a copy thereof with the guardian
16 or custodian of a minor, at least 3 days before the time
17 stated therein for appearance. If the guardian or custodian
18 is an agency of the State of Illinois, proper service may be
19 made by leaving a copy of the summons and petition with any
20 administrative employee of such agency designated by such
21 agency to accept service of summons and petitions. The
22 certificate of the officer or affidavit of the person that he
23 has sent the copy pursuant to this Section is sufficient
24 proof of service.
25 (6) When a parent or other person, who has signed a
26 written promise to appear and bring the minor to court or who
27 has waived or acknowledged service, fails to appear with the
28 minor on the date set by the court, a bench warrant may be
29 issued for the parent or other person, the minor, or both.
30 (7) The appearance of the minor's legal guardian or
31 custodian, or a person named as a respondent in a petition,
32 in any proceeding under this Act shall constitute a waiver of
33 service of summons and submission to the jurisdiction of the
34 court, except that the filing of a special appearance
-60- LRB9000715PTcwam02
1 authorized under Section 2-301 of the Code of Civil Procedure
2 does not constitute an appearance under this subsection. A
3 copy of the summons and petition shall be provided to the
4 person at the time of his appearance.
5 (Source: P.A. 86-441; 90HB165eng with sam01.)
6 (705 ILCS 405/2-16) (from Ch. 37, par. 802-16)
7 Sec. 2-16. Notice by certified mail or publication.
8 (1) If service on individuals as provided in Section
9 2-15 is not made on any respondent within a reasonable time
10 or if it appears that any respondent resides outside the
11 State, service may be made by certified mail. In such case
12 the clerk shall mail the summons and a copy of the petition
13 to that respondent by certified mail marked for delivery to
14 addressee only. The court shall not proceed with the
15 adjudicatory hearing until 5 days after such mailing. The
16 regular return receipt for certified mail is sufficient proof
17 of service.
18 (2) Where a respondent's usual place of abode is not
19 known, a diligent inquiry shall be made to ascertain the
20 respondent's current and last known address. The Department
21 of Children and Family Services shall adopt rules defining
22 the requirements for conducting a diligent search to locate
23 parents of minors in the custody of the Department. If, after
24 diligent inquiry made at any time within the preceding 12
25 months, the usual place of abode cannot be reasonably
26 ascertained, or if respondent is concealing his or her
27 whereabouts to avoid service of process, petitioner's
28 attorney shall file an affidavit at the office of the clerk
29 of court in which the action is pending showing that
30 respondent on due inquiry cannot be found or is concealing
31 his or her whereabouts so that process cannot be served. The
32 affidavit shall state the last known address of the
33 respondent. The affidavit shall also state what efforts were
-61- LRB9000715PTcwam02
1 made to effectuate service. Within 3 days of receipt of the
2 affidavit, the clerk shall issue publication service as
3 provided below. The clerk shall also send a copy thereof by
4 mail addressed to each respondent listed in the affidavit at
5 his or her last known address. The clerk of the court as soon
6 as possible shall cause publication to be made once in a
7 newspaper of general circulation in the county where the
8 action is pending. Notice by publication is not required in
9 any case when the person alleged to have legal custody of the
10 minor has been served with summons personally or by certified
11 mail, but the court may not enter any order or judgment
12 against any person who cannot be served with process other
13 than by publication unless notice by publication is given or
14 unless that person appears. When a minor has been sheltered
15 under Section 2-10 of this Act and summons has not been
16 served personally or by certified mail within 20 days from
17 the date of the order of court directing such shelter care,
18 the clerk of the court shall cause publication. Notice by
19 publication shall be substantially as follows:
20 "A, B, C, D, (here giving the names of the named
21 respondents, if any) and to All Whom It May Concern (if there
22 is any respondent under that designation):
23 Take notice that on the .... day of ...., 19.. a
24 petition was filed under the Juvenile Court Act by .... in
25 the circuit court of .... county entitled 'In the interest of
26 ...., a minor', and that in .... courtroom at .... on the
27 .... day of .... at the hour of ...., or as soon thereafter
28 as this cause may be heard, an adjudicatory hearing will be
29 held upon the petition to have the child declared to be a
30 ward of the court under that Act. THE COURT HAS AUTHORITY IN
31 THIS PROCEEDING TO TAKE FROM YOU THE CUSTODY AND GUARDIANSHIP
32 OF THE MINOR, TO TERMINATE YOUR PARENTAL RIGHTS, AND TO
33 APPOINT A GUARDIAN WITH POWER TO CONSENT TO ADOPTION. YOU
34 MAY LOSE ALL PARENTAL RIGHTS TO YOUR CHILD. IF THE PETITION
-62- LRB9000715PTcwam02
1 REQUESTS THE TERMINATION OF YOUR PARENTAL RIGHTS AND THE
2 APPOINTMENT OF A GUARDIAN WITH POWER TO CONSENT TO ADOPTION,
3 YOU MAY LOSE ALL PARENTAL RIGHTS TO THE CHILD. The court has
4 authority in this proceeding to take from you the custody and
5 guardianship of the minor. If the petition requests the
6 termination of your parental rights and the appointment of a
7 guardian with power to consent to adoption, you may lose all
8 parental rights to the child. Unless you appear you will not
9 be entitled to further written notices or publication notices
10 of the proceedings in this case, including the filing of an
11 amended petition or a motion to terminate parental rights.
12 Now, unless you appear at the hearing and show cause
13 against the petition, the allegations of the petition may
14 stand admitted as against you and each of you, and an order
15 or judgment entered.
16 ......................
17 Clerk
18 Dated (the date of publication)"
19 (3) The clerk shall also at the time of the publication
20 of the notice send a copy thereof by mail to each of the
21 respondents on account of whom publication is made at his or
22 her last known address. The certificate of the clerk that he
23 or she has mailed the notice is evidence thereof. No other
24 publication notice is required. Every respondent notified by
25 publication under this Section must appear and answer in open
26 court at the hearing. The court may not proceed with the
27 adjudicatory hearing until 10 days after service by
28 publication on any parent, guardian or legal custodian in the
29 case of a minor described in Section 2-3 or 2-4.
30 (4) If it becomes necessary to change the date set for
31 the hearing in order to comply with Section 2-14 or with this
32 Section, notice of the resetting of the date must be given,
33 by certified mail or other reasonable means, to each
34 respondent who has been served with summons personally or by
-63- LRB9000715PTcwam02
1 certified mail.
2 (Source: P.A. 88-614, eff. 9-7-94; 90HB165eng with sam01.)
3 (705 ILCS 405/2-17) (from Ch. 37, par. 802-17)
4 Sec. 2-17. Guardian ad litem.
5 (1) Immediately upon the filing of a petition alleging
6 that the minor is a person described in Sections 2-3 or 2-4
7 of this Article, the court shall appoint a guardian ad litem
8 for the minor if:
9 (a) such petition alleges that the minor is an
10 abused or neglected child; or
11 (b) such petition alleges that charges alleging the
12 commission of any of the sex offenses defined in Article
13 11 or in Sections 12-13, 12-14, 12-14.1, 12-15 or 12-16
14 of the Criminal Code of 1961, as amended, have been filed
15 against a defendant in any court and that such minor is
16 the alleged victim of the acts of defendant in the
17 commission of such offense.
18 Unless the guardian ad litem appointed pursuant to this
19 paragraph (1) is an attorney at law he shall be represented
20 in the performance of his duties by counsel. The guardian ad
21 litem shall represent the best interests of the minor and
22 shall present recommendations to the court consistent with
23 that duty.
24 (2) Before proceeding with the hearing, the court shall
25 appoint a guardian ad litem for the minor if
26 (a) no parent, guardian, custodian or relative of
27 the minor appears at the first or any subsequent hearing
28 of the case;
29 (b) the petition prays for the appointment of a
30 guardian with power to consent to adoption; or
31 (c) the petition for which the minor is before the
32 court resulted from a report made pursuant to the Abused
33 and Neglected Child Reporting Act.
-64- LRB9000715PTcwam02
1 (3) The court may appoint a guardian ad litem for the
2 minor whenever it finds that there may be a conflict of
3 interest between the minor and his parents or other custodian
4 or that it is otherwise in the minor's best interest to do
5 so.
6 (4) Unless the guardian ad litem is an attorney, he
7 shall be represented by counsel.
8 (5) The reasonable fees of a guardian ad litem appointed
9 under this Section shall be fixed by the court and charged to
10 the parents of the minor, to the extent they are able to pay.
11 If the parents are unable to pay those fees, they shall be
12 paid from the general fund of the county.
13 Whenever the petition alleges that the minor is neglected
14 or abused because of physical abuse inflicted by the parent
15 or guardian the guardian ad litem must have at least one face
16 to face interview with the minor before the beginning of the
17 adjudicatory hearing.
18 (6) A guardian ad litem appointed under this Section,
19 shall receive copies of any and all classified reports of
20 child abuse and neglect made under the Abused and Neglected
21 Child Reporting Act in which the minor who is the subject of
22 a report under the Abused and Neglected Child Reporting Act,
23 is also the minor for whom the guardian ad litem is appointed
24 under this Section.
25 (7) In counties with a population less than 3,000,000,
26 The appointed guardian ad litem shall remain the child's
27 guardian ad litem throughout the entire juvenile trial court
28 proceedings, including permanency hearings and termination of
29 parental rights proceedings, unless there is a substitution
30 entered by order of the court.
31 (8) In counties with a population of less than
32 3,000,000, The guardian ad litem or an agent of the guardian
33 ad litem shall have a minimum of one 2 in-person contact
34 contacts with the minor and one contact with one of the
-65- LRB9000715PTcwam02
1 current foster parents or caregivers caregiver prior to the
2 adjudicatory hearing, and at least one additional in-person
3 contact with the child and one contact with one of the
4 current foster parents or caregivers after the adjudicatory
5 hearing but caregiver prior to the first each permanency
6 hearing and one additional in-person contact with the child
7 and one contact with one of the current foster parents or
8 caregivers each subsequent year. For good cause shown, the
9 judge may excuse face to face interviews required in this
10 subsection.
11 (9) In counties with a population of 100,000 or more but
12 less than 3,000,000, each guardian ad litem must successfully
13 complete a training program approved by the Department of
14 Children and Family Services. The Department of Children and
15 Family Services shall provide training materials and
16 documents to guardians ad litem who are not mandated to
17 attend the training program. The Department of Children and
18 Family Services shall develop and distribute to all guardians
19 ad litem a bibliography containing information including but
20 not limited to the juvenile court process, termination of
21 parental rights, child development, medical aspects of child
22 abuse, and the child's need for safety and permanence.
23 (Source: P.A. 88-7; 89-428, eff. 12-13-95; 89-462, eff.
24 5-29-96; 90HB165eng with sam01.)
25 (705 ILCS 405/2-20) (from Ch. 37, par. 802-20)
26 Sec. 2-20. Continuance under supervision.
27 (1) The court may enter an order of continuance under
28 supervision (a) upon an admission or stipulation by the
29 appropriate respondent or minor respondent of the facts
30 supporting the petition and before proceeding to findings and
31 adjudication, or after hearing the evidence at the
32 adjudicatory hearing but before noting in the minutes of
33 proceeding a finding of whether or not the minor is abused,
-66- LRB9000715PTcwam02
1 neglected or dependent; and (b) in the absence of objection
2 made in open court by the minor, his parent, guardian,
3 custodian, responsible relative, defense attorney or the
4 State's Attorney.
5 (2) If the minor, his parent, guardian, custodian,
6 responsible relative, defense attorney or the State's
7 Attorney, objects in open court to any such continuance and
8 insists upon proceeding to findings and adjudication, the
9 court shall so proceed.
10 (3) Nothing in this Section limits the power of the
11 court to order a continuance of the hearing for the
12 production of additional evidence or for any other proper
13 reason.
14 (4) When a hearing where a minor is alleged to be
15 abused, neglected or dependent is continued pursuant to this
16 Section, the court may permit the minor to remain in his home
17 if the court determines and makes written factual findings
18 that the minor can be cared for at home when consistent with
19 the minor's without endangering his or her health, or safety,
20 and that it is in the minor's best interests to do so,
21 subject to such conditions concerning his conduct and
22 supervision as the court may require by order.
23 (5) If a petition is filed charging a violation of a
24 condition of the continuance under supervision, the court
25 shall conduct a hearing. If the court finds that such
26 condition of supervision has not been fulfilled the court may
27 proceed to findings and adjudication and disposition. The
28 filing of a petition for violation of a condition of the
29 continuance under supervision shall toll the period of
30 continuance under supervision until the final determination
31 of the charge, and the term of the continuance under
32 supervision shall not run until the hearing and disposition
33 of the petition for violation; provided where the petition
34 alleges conduct that does not constitute a criminal offense,
-67- LRB9000715PTcwam02
1 the hearing must be held within 15 days of the filing of the
2 petition unless a delay in such hearing has been occasioned
3 by the minor, in which case the delay shall continue the
4 tolling of the period of continuance under supervision for
5 the period of such delay.
6 (Source: P.A. 88-7; 90HB165eng with sam01.)
7 (705 ILCS 405/2-21) (from Ch. 37, par. 802-21)
8 (Text of Section before amendment by P.A. 89-704)
9 Sec. 2-21. Findings and adjudication.
10 (1) After hearing the evidence the court shall determine
11 whether or not the minor is abused, neglected, or dependent.
12 If it finds that the minor is not such a person, the court
13 shall order the petition dismissed and the minor discharged.
14 The court's determination of whether the minor is abused,
15 neglected, or dependent shall be stated in writing with the
16 factual basis supporting that determination.
17 If the court finds that the minor is abused, neglected,
18 or dependent, the court shall then determine and put in
19 writing the factual basis supporting the determination of
20 whether the abuse, neglect, or dependency is the result of
21 physical abuse to the minor inflicted by a parent, guardian,
22 or legal custodian. That finding shall appear in the order
23 of the court.
24 (2) If the court determines and puts in writing the
25 factual basis supporting the determination that the minor is
26 either abused or neglected or dependent, the court shall then
27 set a time not later than 30 days after the entry of the
28 finding for a dispositional hearing to be conducted under
29 Section 2-22 at which hearing the court shall determine
30 whether it is in the best interests of the minor and the
31 public that he be made a ward of the court. To assist the
32 court in making this and other determinations at the
33 dispositional hearing, the court may order that an
-68- LRB9000715PTcwam02
1 investigation be conducted and a dispositional report be
2 prepared concerning the minor's physical and mental history
3 and condition, family situation and background, economic
4 status, education, occupation, history of delinquency or
5 criminality, personal habits, and any other information that
6 may be helpful to the court. The dispositional hearing may
7 be continued once for a period not to exceed 30 days if the
8 court finds that such continuance is necessary to complete
9 the dispositional report.
10 (3) The time limits of this Section may be waived only
11 by consent of all parties and approval by the court, as
12 determined to be in the best interests of the minor.
13 (4) For all cases adjudicated prior to July 1, 1991, for
14 which no dispositional hearing has been held prior to that
15 date, a dispositional hearing under Section 2-22 shall be
16 held within 90 days of July 1, 1991.
17 (Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
18 12-2-94; 90HB165eng with sam01.)
19 (Text of Section after amendment by P.A. 89-704)
20 Sec. 2-21. Findings and adjudication.
21 (1) The court shall state for the record the manner in
22 which the parties received service of process and shall note
23 whether the return or returns of service, postal return
24 receipt or receipts for notice by certified mail, or
25 certificate or certificates of publication have been filed in
26 the court record. The court shall enter any appropriate
27 orders of default against any parent who has been properly
28 served in any manner and fails to appear.
29 No further service of process as defined in Sections 2-15
30 and 2-16 is required in any subsequent proceeding for a
31 parent who was properly served in any manner, except as
32 required by Supreme Court Rule 11.
33 The caseworker shall testify about the diligent search
34 conducted for the parent.
-69- LRB9000715PTcwam02
1 After hearing the evidence the court shall determine
2 whether or not the minor is abused, neglected, or dependent.
3 If it finds that the minor is not such a person, the court
4 shall order the petition dismissed and the minor discharged.
5 The court's determination of whether the minor is abused,
6 neglected, or dependent shall be stated in writing with the
7 factual basis supporting that determination.
8 If the court finds that the minor is abused, neglected,
9 or dependent, the court shall then determine and put in
10 writing the factual basis supporting the determination of
11 whether the abuse, neglect, or dependency is the result of
12 physical abuse to the minor inflicted by a parent, guardian,
13 or legal custodian. That finding shall appear in the order
14 of the court.
15 If the court finds that the child has been abused,
16 neglected or dependent, the court shall admonish the parents
17 that they must cooperate with the Department of Children and
18 Family Services, comply with the terms of the service plan,
19 and correct the conditions that require the child to be in
20 care, or risk termination of parental rights.
21 (2) If the court determines and puts in writing the
22 factual basis supporting the determination that the minor is
23 either abused or neglected or dependent, the court shall then
24 set a time not later than 30 days after the entry of the
25 finding for a dispositional hearing to be conducted under
26 Section 2-22 at which hearing the court shall determine
27 whether it is consistent with the health, safety and best
28 interests of the minor and the public that he be made a ward
29 of the court. To assist the court in making this and other
30 determinations at the dispositional hearing, the court may
31 order that an investigation be conducted and a dispositional
32 report be prepared concerning the minor's physical and mental
33 history and condition, family situation and background,
34 economic status, education, occupation, history of
-70- LRB9000715PTcwam02
1 delinquency or criminality, personal habits, and any other
2 information that may be helpful to the court. The
3 dispositional hearing may be continued once for a period not
4 to exceed 30 days if the court finds that such continuance is
5 necessary to complete the dispositional report.
6 (3) The time limits of this Section may be waived only
7 by consent of all parties and approval by the court, as
8 determined to be consistent with the health, safety and best
9 interests of the minor.
10 (4) For all cases adjudicated prior to July 1, 1991, for
11 which no dispositional hearing has been held prior to that
12 date, a dispositional hearing under Section 2-22 shall be
13 held within 90 days of July 1, 1991.
14 (5) The court may terminate the parental rights of a
15 parent at the initial dispositional hearing if all of the
16 following conditions are met:
17 (i) the original or amended petition contains a
18 request for termination of parental rights and
19 appointment of a guardian with power to consent to
20 adoption; and
21 (ii) the court has found by a preponderance of
22 evidence, introduced or stipulated to at an adjudicatory
23 hearing, that the child comes under the jurisdiction of
24 the court as an abused, neglected, or dependent minor
25 under Section 2-18; and
26 (iii) the court finds, on the basis of clear and
27 convincing evidence admitted at the adjudicatory hearing
28 that the parent is an unfit person under subdivision D of
29 Section 1 of the Adoption Act; and
30 (iv) the court determines in accordance with the
31 rules of evidence for dispositional proceedings, that:
32 (A) it is in the best interest of the minor
33 and public that the child be made a ward of the
34 court;
-71- LRB9000715PTcwam02
1 (A-5) reasonable efforts under subsection
2 (l-1) of Section 5 of the Children and Family
3 Services Act are inappropriate or such efforts were
4 made and were unsuccessful; and
5 (B) termination of parental rights and
6 appointment of a guardian with power to consent to
7 adoption is in the best interest of the child
8 pursuant to Section 2-29.
9 (Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
10 12-2-94; 89-704, eff. 1-1-98; 90HB165eng with sam01.)
11 (705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
12 Sec. 2-23. Kinds of dispositional orders.
13 (1) The following kinds of orders of disposition may be
14 made in respect of wards of the court:
15 (a) A minor under 18 years of age found to be
16 neglected or abused under Section 2-3 may be (1)
17 continued in the custody of his or her parents, guardian
18 or legal custodian; (2) placed in accordance with Section
19 2-27; or (3) ordered partially or completely emancipated
20 in accordance with the provisions of the Emancipation of
21 Mature Minors Act.
22 However, in any case in which a minor is found by
23 the court to be neglected or abused under Section 2-3 of
24 this Act, custody of the minor shall not be restored to
25 any parent, guardian or legal custodian found by the
26 court to have caused the neglect or to have inflicted the
27 abuse on the minor, unless it is in the best interests of
28 the minor, until such time as a hearing is held on the
29 issue of the best interests of the minor and the fitness
30 of such parent, guardian or legal custodian to care for
31 the minor without endangering the minor's health or
32 safety, and the court enters an order that such parent,
33 guardian or legal custodian is fit to care for the minor.
-72- LRB9000715PTcwam02
1 (b) A minor under 18 years of age found to be
2 dependent under Section 2-4 may be (1) placed in
3 accordance with Section 2-27 or (2) ordered partially or
4 completely emancipated in accordance with the provisions
5 of the Emancipation of Mature Minors Act.
6 However, in any case in which a minor is found by
7 the court to be dependent under Section 2-4 of this Act
8 and the court has made a further finding under paragraph
9 (2) of Section 2-21 that such dependency is the result of
10 physical abuse, custody of the minor shall not be
11 restored to any parent, guardian or legal custodian found
12 by the court to have inflicted physical abuse on the
13 minor until such time as a hearing is held on the issue
14 of the fitness of such parent, guardian or legal
15 custodian to care for the minor without endangering the
16 minor's health or safety, and the court enters an order
17 that such parent, guardian or legal custodian is fit to
18 care for the minor.
19 (c) When the court awards guardianship to the
20 Department of Children and Family Services, the court
21 shall order the parents to cooperate with the Department
22 of Children and Family Services, comply with the terms of
23 the service plans, and correct the conditions
24 combinations that require the child to be in care, or
25 risk termination of their parental rights.
26 (d) When the court orders a child restored to the
27 custody of the parent or parents, the court shall order
28 the parent or parents to cooperate with the Department of
29 Children and Family Services and comply with the terms of
30 an after-care plan, or risk the loss of custody of the
31 child and the possible termination of their parental
32 rights.
33 (2) Any order of disposition may provide for protective
34 supervision under Section 2-24 and may include an order of
-73- LRB9000715PTcwam02
1 protection under Section 2-25.
2 Unless the order of disposition expressly so provides, it
3 does not operate to close proceedings on the pending
4 petition, but is subject to modification, not inconsistent
5 with Section 2-28, until final closing and discharge of the
6 proceedings under Section 2-31.
7 (3) The court also shall enter any other orders
8 necessary to fulfill the service plan, including, but not
9 limited to, (i) orders requiring parties to cooperate with
10 services, (ii) restraining orders controlling the conduct of
11 any party likely to frustrate the achievement of the goal,
12 and (iii) visiting orders. Unless otherwise specifically
13 authorized by law, the court is not empowered under this
14 subsection (3) to order specific placements, specific
15 services, or specific service providers to be included in the
16 plan. If the court concludes that the Department of Children
17 and Family Services has abused its discretion in setting the
18 current service plan or permanency goal for the minor, the
19 court shall enter specific findings in writing based on the
20 evidence and shall enter an order for the Department to
21 develop and implement a new permanency goal and service plan
22 consistent with the court's findings. The new service plan
23 shall be filed with the court and served on all parties. The
24 court shall continue the matter until the new service plan is
25 filed.
26 (4) In addition to any other order of disposition, the
27 court may order any minor adjudicated neglected with respect
28 to his or her own injurious behavior to make restitution, in
29 monetary or non-monetary form, under the terms and conditions
30 of Section 5-5-6 of the Unified Code of Corrections, except
31 that the "presentence hearing" referred to therein shall be
32 the dispositional hearing for purposes of this Section. The
33 parent, guardian or legal custodian of the minor may pay some
34 or all of such restitution on the minor's behalf.
-74- LRB9000715PTcwam02
1 (5) Any order for disposition where the minor is
2 committed or placed in accordance with Section 2-27 shall
3 provide for the parents or guardian of the estate of such
4 minor to pay to the legal custodian or guardian of the person
5 of the minor such sums as are determined by the custodian or
6 guardian of the person of the minor as necessary for the
7 minor's needs. Such payments may not exceed the maximum
8 amounts provided for by Section 9.1 of the Children and
9 Family Services Act.
10 (6) Whenever the order of disposition requires the minor
11 to attend school or participate in a program of training, the
12 truant officer or designated school official shall regularly
13 report to the court if the minor is a chronic or habitual
14 truant under Section 26-2a of the School Code.
15 (7) The court may terminate the parental rights of a
16 parent at the initial dispositional hearing if all of the
17 conditions in subsection (5) of Section 2-21 are met.
18 (Source: P.A. 88-7; 88-487; 88-670, eff. 12-2-94; 89-17, eff.
19 5-31-95; 89-235, eff. 8-4-95; 90HB165eng with sam01.)
20 (705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
21 Sec. 2-27. Placement; legal custody or guardianship.
22 (1) If the court determines and puts in writing the
23 factual basis supporting the determination of whether the
24 parents, guardian, or legal custodian of a minor adjudged a
25 ward of the court are unfit or are unable, for some reason
26 other than financial circumstances alone, to care for,
27 protect, train or discipline the minor or are unwilling to do
28 so, and that the health, safety, and best interest of the
29 minor will be jeopardized if the minor remains in the custody
30 of his parents, guardian or custodian, the court may at this
31 hearing and at any later point:
32 (a) place him in the custody of a suitable relative
33 or other person as legal custodian or guardian;
-75- LRB9000715PTcwam02
1 (b) place him under the guardianship of a probation
2 officer;
3 (c) commit him to an agency for care or placement,
4 except an institution under the authority of the
5 Department of Corrections or of the Department of
6 Children and Family Services;
7 (d) commit him to the Department of Children and
8 Family Services for care and service; however, a minor
9 charged with a criminal offense under the Criminal Code
10 of 1961 or adjudicated delinquent shall not be placed in
11 the custody of or committed to the Department of Children
12 and Family Services by any court, except a minor less
13 than 13 years of age and committed to the Department of
14 Children and Family Services under Section 5-23 of this
15 Act. The Department shall be given due notice of the
16 pendency of the action and the Guardianship Administrator
17 of the Department of Children and Family Services shall
18 be appointed guardian of the person of the minor.
19 Whenever the Department seeks to discharge a minor from
20 its care and service, the Guardianship Administrator
21 shall petition the court for an order terminating
22 guardianship. The Guardianship Administrator may
23 designate one or more other officers of the Department,
24 appointed as Department officers by administrative order
25 of the Department Director, authorized to affix the
26 signature of the Guardianship Administrator to documents
27 affecting the guardian-ward relationship of children for
28 whom he has been appointed guardian at such times as he
29 is unable to perform the duties of his office. The
30 signature authorization shall include but not be limited
31 to matters of consent of marriage, enlistment in the
32 armed forces, legal proceedings, adoption, major medical
33 and surgical treatment and application for driver's
34 license. Signature authorizations made pursuant to the
-76- LRB9000715PTcwam02
1 provisions of this paragraph shall be filed with the
2 Secretary of State and the Secretary of State shall
3 provide upon payment of the customary fee, certified
4 copies of the authorization to any court or individual
5 who requests a copy.
6 (1.5) In making a determination under this Section, the
7 court shall also consider whether, based on health, safety,
8 and the best interests of the minor,
9 (a) appropriate services aimed at family
10 preservation and family reunification have been
11 unsuccessful in rectifying the conditions that have led
12 to a finding of unfitness or inability to care for,
13 protect, train, or discipline the minor, or
14 (b) no family preservation or family reunification
15 services would be appropriate,
16 and if the petition or amended petition contained an
17 allegation that the parent is an unfit person as defined in
18 subdivision (D) of Section 1 of the Adoption Act, and the
19 order of adjudication recites that parental unfitness was
20 established by clear and convincing evidence, the court
21 shall, when appropriate and in the best interest of the
22 minor, enter an order terminating parental rights and
23 appointing a guardian with power to consent to adoption in
24 accordance with Section 2-29.
25 When making a placement, the court, wherever possible,
26 shall require the Department of Children and Family Services
27 to select a person holding the same religious belief as that
28 of the minor or a private agency controlled by persons of
29 like religious faith of the minor and shall require the
30 Department to otherwise comply with Section 7 of the Children
31 and Family Services Act in placing the child. In addition,
32 whenever alternative plans for placement are available, the
33 court shall ascertain and consider, to the extent appropriate
34 in the particular case, the views and preferences of the
-77- LRB9000715PTcwam02
1 minor.
2 (2) When a minor is placed with a suitable relative or
3 other person pursuant to item (a) of subsection (1), the
4 court shall appoint him the legal custodian or guardian of
5 the person of the minor. When a minor is committed to any
6 agency, the court shall appoint the proper officer or
7 representative thereof as legal custodian or guardian of the
8 person of the minor. Legal custodians and guardians of the
9 person of the minor have the respective rights and duties set
10 forth in subsection (9) of Section 1-3 except as otherwise
11 provided by order of court; but no guardian of the person may
12 consent to adoption of the minor unless that authority is
13 conferred upon him in accordance with Section 2-29. An agency
14 whose representative is appointed guardian of the person or
15 legal custodian of the minor may place him in any child care
16 facility, but the facility must be licensed under the Child
17 Care Act of 1969 or have been approved by the Department of
18 Children and Family Services as meeting the standards
19 established for such licensing. No agency may place a minor
20 adjudicated under Sections 2-3 or 2-4 in a child care
21 facility unless the placement is in compliance with the rules
22 and regulations for placement under this Section promulgated
23 by the Department of Children and Family Services under
24 Section 5 of the Children and Family Services Act. Like
25 authority and restrictions shall be conferred by the court
26 upon any probation officer who has been appointed guardian of
27 the person of a minor.
28 (3) No placement by any probation officer or agency
29 whose representative is appointed guardian of the person or
30 legal custodian of a minor may be made in any out of State
31 child care facility unless it complies with the Interstate
32 Compact on the Placement of Children. Placement with a
33 parent, however, is not subject to that Interstate Compact.
34 (4) The clerk of the court shall issue to the legal
-78- LRB9000715PTcwam02
1 custodian or guardian of the person a certified copy of the
2 order of court, as proof of his authority. No other process
3 is necessary as authority for the keeping of the minor.
4 (5) Custody or guardianship granted under this Section
5 continues until the court otherwise directs, but not after
6 the minor reaches the age of 19 years except as set forth in
7 Section 2-31.
8 (6) At the dispositional hearing, the court shall
9 consider whether it is appropriate for a motion to be filed
10 to terminate parental rights and appoint a guardian with
11 power to consent to adoption with regard to a parent:
12 (A) whose identity still remains unknown;
13 (B) whose whereabouts remain unknown;
14 (C) who was found in default at the adjudicatory
15 hearing and has not obtained an order setting aside the
16 default in accordance with Section 2-1301 of the Code of
17 Civil Procedure.
18 Notice to a parent for whom an order of default has been
19 entered on the petition for wardship and has not been set
20 aside shall be provided in accordance with Sections 2-15 and
21 2-16. If a parent's identity or whereabouts are unknown, and
22 a diligent inquiry for such parent has been made at any time
23 within the preceding 12 months, no further inquiry is
24 required to support notice by publication.
25 If the court determines such a motion to be appropriate,
26 it may order the motion to be filed. The court, upon motion,
27 may enter an order terminating parental rights upon
28 appropriate finding and appoint a guardian with power to
29 consent to adoption in accordance with this subsection before
30 or at the first permanency hearing.
31 (Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
32 12-2-94; 89-21, eff. 7-1-95; 89-422; 89-626, eff. 8-9-96;
33 90HB165eng with sam01.)
-79- LRB9000715PTcwam02
1 (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
2 Sec. 2-28. Court review.
3 (1) The court may require any legal custodian or
4 guardian of the person appointed under this Act to report
5 periodically to the court or may cite him into court and
6 require him or his agency, to make a full and accurate report
7 of his or its doings in behalf of the minor. The custodian
8 or guardian, within 10 days after such citation, shall make
9 the report, either in writing verified by affidavit or orally
10 under oath in open court, or otherwise as the court directs.
11 Upon the hearing of the report the court may remove the
12 custodian or guardian and appoint another in his stead or
13 restore the minor to the custody of his parents or former
14 guardian or custodian. However, custody of the minor shall
15 not be restored to any parent, guardian or legal custodian in
16 any case in which the minor is found to be neglected or
17 abused under Section 2-3 of this Act, unless the minor can be
18 cared for at home without endangering the minor's health or
19 safety and it is in the best interests of the minor, and if
20 such neglect or abuse is found by the court under paragraph
21 (2) of Section 2-21 of this Act to be the result of physical
22 abuse inflicted on the minor by such parent, guardian or
23 legal custodian, until such time as an investigation is made
24 as provided in paragraph (5) and a hearing is held on the
25 issue of the fitness of such parent, guardian or legal
26 custodian to care for the minor and the court enters an order
27 that such parent, guardian or legal custodian is fit to care
28 for the minor.
29 (2) In counties under 3,000,000 population, permanency
30 hearings shall be conducted by the judge court. In counties
31 with a population of 3,000,000 or more, the first permanency
32 hearing shall be conducted by a judge. Subsequent permanency
33 hearings may be heard by a judge or by hearing officers
34 appointed or approved by the court in the manner set forth in
-80- LRB9000715PTcwam02
1 Section 2-28.1 of this Act. The initial hearing shall be
2 held within 12 months from the date temporary custody was
3 taken. Subsequent permanency hearings shall be held every 6
4 months or more frequently if necessary in the court's
5 determination following the initial permanency hearing, in
6 accordance with the standards set forth in this Section,
7 until the court determines that the plan and goal have been
8 achieved. Once the plan and goal have been achieved, if the
9 minor remains in substitute care, the case shall be reviewed
10 at least every 6 months thereafter, subject to the provisions
11 of this Section, unless the minor is placed in the
12 guardianship of a suitable relative or other person and the
13 court determines that further monitoring by the court does
14 not further the health, safety or best interest of the child
15 and that this is a stable permanent placement. The permanency
16 hearings must occur within the time frames set forth in this
17 subsection and may not be delayed in anticipation of a report
18 from any source on or due to the agency's failure to timely
19 file its written report (this written report means the one
20 required under the next paragraph and does not mean the
21 service plan also referred to in that paragraph).
22 The public agency that is the custodian or guardian of
23 the minor, or another agency responsible for the minor's
24 care, shall ensure that all parties to the permanency
25 hearings are provided a copy of the most recent service plan
26 prepared within the prior 6 months at least 14 days in
27 advance of the hearing. If not contained in the plan, the
28 agency shall also include a report setting forth (i) any
29 special physical, psychological, educational, medical,
30 emotional, or other needs of the minor or his or her family
31 that are relevant to a permanency or placement determination
32 and (ii) for any minor age 16 or over, a written description
33 of the programs and services that will enable the minor to
34 prepare for independent living. The agency's written report
-81- LRB9000715PTcwam02
1 must detail what progress or lack of progress the parent has
2 made in correcting the conditions requiring the child to be
3 in care; whether the child can be returned home without
4 jeopardizing the child's health, safety, and welfare, and if
5 not, what permanency goal is recommended to be in the best
6 interests of the child, and why the other permanency goals
7 are not appropriate explain why the child cannot be returned
8 home without jeopardizing the child's health, safety and
9 welfare and why termination of parental rights or private
10 guardianship is not in the best interests of the child. The
11 caseworker must appear and testify at the permanency hearing.
12 If a permanency review hearing has not previously been
13 scheduled by the court, the moving party shall move for the
14 setting of a permanency hearing and the entry of an order
15 within the time frames set forth in this subsection.
16 At the permanency hearing, the court shall determine the
17 future status of the child. The court shall set one of the
18 following permanency goals:
19 (A) The minor will be returned home by a specific
20 date within 5 months.
21 (B) The minor will be in short-term care with a
22 continued goal to return home within a period not to
23 exceed one year, where the progress of the parent or
24 parents is substantial giving particular consideration to
25 considering the age and individual needs of the minor.
26 (B-1) The minor will be in short-term care with a
27 continued goal to return home pending a status hearing.
28 When the court finds that a parent has not made
29 reasonable efforts or reasonable progress to date, the
30 court shall identify what actions the parent and the
31 Department must take in order to justify a finding of
32 reasonable efforts or reasonable progress and shall set a
33 status hearing to be held not earlier than 9 months from
34 the date of adjudication nor later than 11 months from
-82- LRB9000715PTcwam02
1 the date of adjudication during which the parent's
2 progress will again be reviewed.
3 (C) The minor will be in substitute care pending
4 court determination on termination of parental rights.
5 (D) Adoption, provided that parental rights have
6 been terminated or relinquished.
7 (E) The guardianship of the minor will be
8 transferred to an individual or couple on a permanent
9 basis provided that goals (A) through (D) have been ruled
10 out.
11 (F) The minor over age 12 will be in substitute
12 care pending independence.
13 (G) The minor will be in substitute care because he
14 or she cannot be provided for in a home environment due
15 to developmental disabilities or mental illness or
16 because he or she is a danger to self or others, provided
17 that goals (A) through (D) have been ruled out.
18 In selecting any permanency goal, the court shall
19 indicate in writing the reasons the goal was selected and why
20 the preceding goals were ruled out. Where the court has
21 selected a permanency goal other than (A), (B), or (B-1), the
22 Department of Children and Family Services shall not provide
23 further reunification services, but shall provide services
24 consistent with the goal selected.
25 The court shall consider the following factors when
26 setting the permanency goal:
27 (1) Age of the child.
28 (2) Options available for permanence.
29 (3) Current placement of the child and the intent
30 of the family regarding adoption.
31 (4) Emotional, physical, and mental status or
32 condition of the child.
33 (5) Types of services previously offered and
34 whether or not the services were successful and, if not
-83- LRB9000715PTcwam02
1 successful, the reasons the services failed.
2 (6) Availability of services currently needed and
3 whether the services exist.
4 (7) Status of siblings of the minor.
5 The court shall consider review (i) the appropriateness
6 of the permanency goal contained in the service plan, (ii)
7 the appropriateness of the services contained in the plan and
8 whether those services have been provided, (iii) whether
9 reasonable efforts have been made by all the parties to the
10 service plan to achieve the goal, and (iv) whether the plan
11 and goal have been achieved. All evidence relevant to
12 determining these questions, including oral and written
13 reports, may be admitted and may be relied on to the extent
14 of their probative value.
15 If the goal has been achieved, the court shall enter
16 orders that are necessary to conform the minor's legal
17 custody and status to those findings.
18 If, after receiving evidence, the court determines that
19 the services contained in the plan are not reasonably
20 calculated to facilitate achievement of the permanency goal,
21 the court shall put in writing the factual basis supporting
22 the determination and enter specific findings based on the
23 evidence. The court also shall enter an order for the
24 Department to develop and implement a new service plan or to
25 implement changes to the current service plan consistent with
26 the court's findings. The new service plan shall be filed
27 with the court and served on all parties within 45 days of
28 the date of the order. The court shall continue the matter
29 until the new service plan is filed. Unless otherwise
30 specifically authorized by law, the court is not empowered
31 under this subsection (2) or under subsection (3) to order
32 specific placements, specific services, or specific service
33 providers to be included in the plan.
34 A guardian or custodian appointed by the court pursuant
-84- LRB9000715PTcwam02
1 to this Act shall file updated case plans with the court
2 every 6 months until the permanency goal set by the court has
3 been achieved.
4 Rights of wards of the court under this Act are
5 enforceable against any public agency by complaints for
6 relief by mandamus filed in any proceedings brought under
7 this Act.
8 (3) Following the permanency hearing, the court shall
9 enter a written order that includes the determinations
10 required under subsection (2) of Section 2-28, and sets forth
11 the following an order setting forth the following
12 determinations in writing:
13 (a) The future status of the minor, including the
14 permanency goal, and any order necessary to conform the
15 minor's legal custody and status to such determination;
16 or
17 (b) if the permanency goal of the minor cannot be
18 achieved immediately, the specific reasons for continuing
19 the minor in the care of the Department of Children and
20 Family Services or other agency for short term placement,
21 and the following determinations:
22 (i) (Blank).
23 (ii) Whether the services required by the
24 court and by any service plan prepared within the
25 prior 6 months have been provided and (A) if so,
26 whether the services were reasonably calculated to
27 facilitate the achievement of the permanency goal or
28 (B) if not provided, why the services were not
29 provided.
30 (iii) Whether the minor's placement is
31 necessary, and appropriate to the plan and goal,
32 recognizing the right of minors to the least
33 restrictive (most family-like) setting available and
34 in close proximity to the parents' home consistent
-85- LRB9000715PTcwam02
1 with the health, safety, best interest and special
2 needs of the minor and, if the minor is placed
3 out-of-State, whether the out-of-State placement
4 continues to be appropriate and consistent with the
5 health, safety, and best interest of the minor.
6 (iv) (Blank).
7 (v) (Blank).
8 When a motion is before the court seeking termination of
9 parental rights of a parent in accordance with Section
10 2-27.5, the court shall enter an order terminating parental
11 rights and appointing a guardian with power to consent to
12 adoption with regard to the parent identified in the motion.
13 Any order entered pursuant to this subsection (3) shall
14 be immediately appealable as a matter of right under Supreme
15 Court Rule 304(b)(1).
16 (4) The minor or any person interested in the minor may
17 apply to the court for a change in custody of the minor and
18 the appointment of a new custodian or guardian of the person
19 or for the restoration of the minor to the custody of his
20 parents or former guardian or custodian.
21 When return home is not selected as the permanency goal:
22 (a) The State's Attorney or the current foster
23 parent or relative caregiver seeking private guardianship
24 may file a motion for private guardianship of the minor.
25 Appointment of a guardian under this Section requires
26 approval of the court and the Department of Children and
27 Family Services must approve the appointment of a
28 guardian under this Section.
29 (b) the State's Attorney may file a motion to
30 terminate parental rights of any parent who has failed to
31 make reasonable efforts to correct the conditions which
32 led to the removal of the child or reasonable progress
33 toward the return of the child, as defined in subdivision
34 (D)(m) of Section 1 of the Adoption Act or for whom any
-86- LRB9000715PTcwam02
1 other unfitness ground for terminating parental rights as
2 defined in subdivision (D) of Section 1 of the Adoption
3 Act exists.
4 Custody of the minor shall not be restored to any parent,
5 guardian or legal custodian in any case in which the minor is
6 found to be neglected or abused under Section 2-3 of this
7 Act, unless the minor can be cared for at home without
8 endangering his or her health or safety and it is in the best
9 interest of the minor, and if such neglect or abuse is found
10 by the court under paragraph (2) of Section 2-21 of this Act
11 to be the result of physical abuse inflicted on the minor by
12 such parent, guardian or legal custodian, until such time as
13 an investigation is made as provided in paragraph (4) and a
14 hearing is held on the issue of the health, safety and best
15 interest of the minor and the fitness of such parent,
16 guardian or legal custodian to care for the minor and the
17 court enters an order that such parent, guardian or legal
18 custodian is fit to care for the minor. In the event that
19 the minor has attained 18 years of age and the guardian or
20 custodian petitions the court for an order terminating his
21 guardianship or custody, guardianship or custody shall
22 terminate automatically 30 days after the receipt of the
23 petition unless the court orders otherwise. No legal
24 custodian or guardian of the person may be removed without
25 his consent until given notice and an opportunity to be heard
26 by the court.
27 When the court orders a child restored to the custody of
28 the parent or parents, the court shall order the parent or
29 parents to cooperate with the Department of Children and
30 Family Services and comply with the terms of an after-care
31 plan, or risk the loss of custody of the child and possible
32 termination of their parental rights. The court may also
33 enter an order of protective supervision in accordance with
34 Section 2-24.
-87- LRB9000715PTcwam02
1 (5) Whenever a parent, guardian, or legal custodian
2 files a motion for restoration of custody of the minor, and
3 the minor was adjudicated neglected or abused as a result of
4 physical abuse, the court shall cause to be made an
5 investigation as to whether the movant has ever been charged
6 with or convicted of any criminal offense which would
7 indicate the likelihood of any further physical abuse to the
8 minor. Evidence of such criminal convictions shall be taken
9 into account in determining whether the minor can be cared
10 for at home without endangering his or her health or safety
11 and fitness of the parent, guardian, or legal custodian.
12 (a) Any agency of this State or any subdivision
13 thereof shall co-operate with the agent of the court in
14 providing any information sought in the investigation.
15 (b) The information derived from the investigation
16 and any conclusions or recommendations derived from the
17 information shall be provided to the parent, guardian, or
18 legal custodian seeking restoration of custody prior to
19 the hearing on fitness and the movant shall have an
20 opportunity at the hearing to refute the information or
21 contest its significance.
22 (c) All information obtained from any investigation
23 shall be confidential as provided in Section 1-10 of this
24 Act.
25 (Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
26 12-2-94; 89-17, eff. 5-31-95; 89-21, eff. 7-1-95; 89-626,
27 eff. 8-9-96; 90HB165eng with sam01.)
28 (705 ILCS 405/2-28.1)
29 Sec. 2-28.1. Permanency hearings; before hearing
30 officers.
31 (a) The chief judge of the circuit court may appoint
32 hearing officers to conduct the permanency hearings set forth
33 in subsection (2) of Section 2-28 of this Act, in accordance
-88- LRB9000715PTcwam02
1 with the provisions of this Section. The hearing officers
2 shall be attorneys with at least 3 years experience in child
3 abuse and neglect or permanency planning, and in counties
4 with a population of 3,000,000 or more, admitted to practice
5 for at least 7 years. Once trained by the court, hearing
6 officers shall be authorized to do the following:
7 (1) Conduct a fair and impartial hearing.
8 (2) Summon and compel the attendance of witnesses.
9 (3) Administer the oath or affirmation and take
10 testimony under oath or affirmation.
11 (4) Require the production of evidence relevant to
12 the permanency hearing to be conducted. That evidence
13 may include, but need not be limited to case plans,
14 social histories, medical and psychological evaluations,
15 child placement histories, visitation records, and other
16 documents and writings applicable to those items.
17 (5) Rule on the admissibility of evidence using the
18 standard applied at a dispositional hearing under Section
19 2-22 of this Act.
20 (6) When necessary, cause notices to be issued
21 requiring parties, the public agency that is custodian or
22 guardian of the minor, or another agency responsible for
23 the minor's care to appear either before the hearing
24 officer or in court.
25 (7) Analyze the evidence presented to the hearing
26 officer and prepare written recommended orders, including
27 findings of fact, based on the evidence.
28 (8) Prior to the hearing, conduct any pre-hearings
29 that may be necessary.
30 (9) Conduct in camera interviews with children when
31 requested by a child or the child's guardian ad litem.
32 In counties with a population of 3,000,000 or more,
33 hearing officers shall also be authorized to do the
34 following:
-89- LRB9000715PTcwam02
1 (10) Accept specific consents for adoption or
2 surrenders of parental rights from a parent or parents.
3 (11) Conduct hearings on the progress made toward
4 the permanency goal set for the minor.
5 (12) Perform other duties as assigned by the court.
6 (b) The hearing officer shall consider evidence and
7 conduct the permanency hearings as set forth in subsections
8 (2) and (3) of Section 2-28 of this Act in accordance with
9 the standards set forth therein. The hearing officer shall
10 assure that a verbatim record of the proceedings is made and
11 retained for a period of 12 months or until the next
12 permanency hearing, whichever date is later, and shall direct
13 to the clerk of the court preserve all documents and evidence
14 to be made a part of the court file for the record. The
15 hearing officer shall inform the participants of their
16 individual rights and responsibilities. The hearing officer
17 shall identify the issues to be reviewed under subsection (2)
18 of Section 2-28, consider all relevant facts, and receive or
19 request any additional information necessary to make
20 recommendations to the court. If a party fails to appear at
21 the hearing, the hearing officer may proceed to the
22 permanency hearing with the parties present at the hearing.
23 The hearing officer shall specifically note for the court the
24 absence of any parties. If all parties are present at the
25 permanency hearing, and the parties and the Department are in
26 agreement that the service plan and permanency goal are
27 appropriate or are in agreement that the permanency goal for
28 the child has been achieved, the hearing officer shall
29 prepare a recommended order, including findings of fact, to
30 be submitted to the court, and all parties and the Department
31 shall sign the recommended order at the time of the hearing.
32 The recommended order will then be submitted to the court for
33 its immediate consideration and the entry of an appropriate
34 order.
-90- LRB9000715PTcwam02
1 The court may enter an order consistent with the
2 recommended order without further hearing or notice to the
3 parties, may refer the matter to the hearing officer for
4 further proceedings, or may hold such additional hearings as
5 the court deems necessary. All parties present at the
6 hearing and the Department shall be tendered a copy of the
7 court's order at the conclusion of the hearing.
8 (c) If one or more parties are not present at the
9 permanency hearing, or any party or the Department of
10 Children and Family Services objects to the hearing officer's
11 recommended order, including any findings of fact, the
12 hearing officer shall set the matter for a judicial
13 determination within 30 days of the permanency hearing for
14 the entry of the recommended order or for receipt of the
15 parties' objections. Any objections shall identify the
16 specific findings or recommendations that are contested, the
17 basis for the objections, and the evidence or applicable law
18 supporting the objection. The hearing officer shall mail a
19 copy of the recommended order to any non-attending parties,
20 together with a notice of the date and place of the judicial
21 determination and the right of the parties to present at that
22 time objections consistent with this subsection. The
23 recommended order and its contents may not be disclosed to
24 anyone other than the parties and the Department or other
25 agency unless otherwise specifically ordered by a judge of
26 the court.
27 Following the receipt of objections consistent with this
28 subsection from any party or the Department of Children and
29 Family Services to the hearing officer's recommended orders,
30 the court shall make a judicial determination of those
31 portions of the order to which objections were made, and
32 shall enter an appropriate order. The court may refuse to
33 review any objections that fail to meet the requirements of
34 this subsection.
-91- LRB9000715PTcwam02
1 (d) The following are judicial functions and shall be
2 performed only by a circuit judge or associate judge:
3 (1) Review of the recommended orders of the hearing
4 officer and entry of orders the court deems appropriate.
5 (2) Conduct of judicial hearings on all pre-hearing
6 motions and other matters that require a court order and
7 entry of orders as the court deems appropriate.
8 (3) Conduct of judicial determinations on all
9 matters in which the parties or the Department of
10 Children and Family Services disagree with the hearing
11 officer's recommended orders under subsection (3).
12 (4) Issuance of rules to show cause, conduct of
13 contempt proceedings, and imposition of appropriate
14 sanctions or relief.
15 (Source: P.A. 89-17, eff. 5-31-95; 90HB165eng with sam01.)
16 (705 ILCS 405/2-32 new)
17 Sec. 2-32. Time limit for relief from final order. A
18 petition for relief from a final order entered in a
19 proceeding under this Act, after 30 days from the entry
20 thereof under the provisions of Section 2-1401 of the Code of
21 Civil Procedure or otherwise, must be filed not later than
22 one year after the entry of the order or judgment.
23 (705 ILCS 405/2-27.5 rep.)
24 Section 35. The Juvenile Court Act of 1987 is amended,
25 if and only if the provisions of House Bill 165 of the 90th
26 General Assembly that are changed by this amendatory Act of
27 1997 become law, by repealing Section 2-27.5 that was added
28 by House Bill 165 of the 90th General Assembly.
29 Section 40. The Code of Civil Procedure is amended, if
30 an only if the provisions of House Bill 165 of the 90th
31 General Assembly that are changed by this amendatory Act of
-92- LRB9000715PTcwam02
1 1997 become law, by changing Section 2-1401 as follows:
2 (735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
3 Sec. 2-1401. Relief from judgments. (a) Relief from
4 final orders and judgments, after 30 days from the entry
5 thereof, may be had upon petition as provided in this
6 Section. Writs of error coram nobis and coram vobis, bills of
7 review and bills in the nature of bills of review are
8 abolished. All relief heretofore obtainable and the grounds
9 for such relief heretofore available, whether by any of the
10 foregoing remedies or otherwise, shall be available in every
11 case, by proceedings hereunder, regardless of the nature of
12 the order or judgment from which relief is sought or of the
13 proceedings in which it was entered. There shall be no
14 distinction between actions and other proceedings, statutory
15 or otherwise, as to availability of relief, grounds for
16 relief or the relief obtainable.
17 (b) The petition must be filed in the same proceeding in
18 which the order or judgment was entered but is not a
19 continuation thereof. The petition must be supported by
20 affidavit or other appropriate showing as to matters not of
21 record. All parties to the petition shall be notified as
22 provided by rule.
23 (c) Except as provided in Section 20b of the Adoption
24 Act and Section 3-32 of the Juvenile Court Act of 1987, the
25 petition must be filed not later than 2 years after the entry
26 of the order or judgment. Time during which the person
27 seeking relief is under legal disability or duress or the
28 ground for relief is fraudulently concealed shall be excluded
29 in computing the period of 2 years.
30 (d) The filing of a petition under this Section does not
31 affect the order or judgment, or suspend its operation.
32 (e) Unless lack of jurisdiction affirmatively appears
33 from the record proper, the vacation or modification of an
-93- LRB9000715PTcwam02
1 order or judgment pursuant to the provisions of this Section
2 does not affect the right, title or interest in or to any
3 real or personal property of any person, not a party to the
4 original action, acquired for value after the entry of the
5 order or judgment but before the filing of the petition, nor
6 affect any right of any person not a party to the original
7 action under any certificate of sale issued before the filing
8 of the petition, pursuant to a sale based on the order or
9 judgment.
10 (f) Nothing contained in this Section affects any
11 existing right to relief from a void order or judgment, or to
12 employ any existing method to procure that relief.
13 (Source: P.A. 88-550, eff. 7-3-94.)
14 Section 45. The Adoption Act is amended, if and only if
15 the provisions of House Bill 165 of the 90th General Assembly
16 that are changed by this amendatory Act of 1997 become law,
17 by changing Section 1 as follows:
18 (750 ILCS 50/1) (from Ch. 40, par. 1501)
19 (Text of Section before amendment by P.A. 89-704)
20 Sec. 1. Definitions. When used in this Act, unless the
21 context otherwise requires:
22 A. "Child" means a person under legal age subject to
23 adoption under this Act.
24 B. "Related child" means a child subject to adoption
25 where either or both of the adopting parents stands in any of
26 the following relationships to the child by blood or
27 marriage: parent, grand-parent, brother, sister, step-parent,
28 step-grandparent, step-brother, step-sister, uncle, aunt,
29 great-uncle, great-aunt, or cousin of first degree. A child
30 whose parent has executed a final irrevocable consent to
31 adoption or a final irrevocable surrender for purposes of
32 adoption, or whose parent has had his or her parental rights
-94- LRB9000715PTcwam02
1 terminated, is not a related child to that person.
2 C. "Agency" for the purpose of this Act means a public
3 child welfare agency or a licensed child welfare agency.
4 D. "Unfit person" means any person whom the court shall
5 find to be unfit to have a child, without regard to the
6 likelihood that the child will be placed for adoption. The
7 grounds of unfitness are any one or more of the following:
8 (a) Abandonment of the child.
9 (b) Failure to maintain a reasonable degree of
10 interest, concern or responsibility as to the child's
11 welfare.
12 (c) Desertion of the child for more than 3 months
13 next preceding the commencement of the Adoption
14 proceeding.
15 (d) Substantial neglect of the child if continuous
16 or repeated.
17 (e) Extreme or repeated cruelty to the child.
18 (f) Two or more findings of physical abuse to any
19 children under Section 4-8 of the Juvenile Court Act or
20 Section 2-21 of the Juvenile Court Act of 1987, the most
21 recent of which was determined by the juvenile court
22 hearing the matter to be supported by clear and
23 convincing evidence; a criminal conviction resulting from
24 the death of any child by physical child abuse; or a
25 finding of physical child abuse resulting from the death
26 of any child under Section 4-8 of the Juvenile Court Act
27 or Section 2-21 of the Juvenile Court Act of 1987.
28 (g) Failure to protect the child from conditions
29 within his environment injurious to the child's welfare.
30 (h) Other neglect of, or misconduct toward the
31 child; provided that in making a finding of unfitness the
32 court hearing the adoption proceeding shall not be bound
33 by any previous finding, order or judgment affecting or
34 determining the rights of the parents toward the child
-95- LRB9000715PTcwam02
1 sought to be adopted in any other proceeding except such
2 proceedings terminating parental rights as shall be had
3 under either this Act, the Juvenile Court Act or the
4 Juvenile Court Act of 1987.
5 (i) Depravity.
6 (j) Open and notorious adultery or fornication.
7 (j-1) Conviction of first degree murder in
8 violation of paragraph 1 or 2 of subsection (a) of
9 Section 9-1 of the Criminal Code of 1961 or conviction of
10 second degree murder in violation of subsection (a) of
11 Section 9-2 of the Criminal Code of 1961 of a parent of
12 the child to be adopted shall create a presumption of
13 unfitness that may be overcome only by clear and
14 convincing evidence.
15 (k) Habitual drunkenness or addiction to drugs,
16 other than those prescribed by a physician, for at least
17 one year immediately prior to the commencement of the
18 unfitness proceeding.
19 (l) Failure to demonstrate a reasonable degree of
20 interest, concern or responsibility as to the welfare of
21 a new born child during the first 30 days after its
22 birth.
23 (m) Failure by a parent to make reasonable efforts
24 to correct the conditions that were the basis for the
25 removal of the child from the parent, or to make
26 reasonable progress toward the return of the child to the
27 parent within 9 months after an adjudication of neglected
28 or abused minor under Section 2-3 of the Juvenile Court
29 Act of 1987 or dependent minor under Section 2-4 of that
30 Act. If a service plan has been established as required
31 under Section 8.2 of the Abused and Neglected Child
32 Reporting Act to correct the conditions that were the
33 basis for the removal of the child from the parent and if
34 those services were available, then, for purposes of this
-96- LRB9000715PTcwam02
1 Act, "failure to make reasonable progress toward the
2 return of the child to the parent" includes the parent's
3 failure to substantially fulfill his or her obligations
4 under the complete that service plan and correct the
5 conditions that brought the child into care within 9
6 months after the adjudication under Section 2-3 or 2-4 of
7 the Juvenile Court Act of 1987.
8 (n) Evidence of intent to forego his or her
9 parental rights, whether or not the child is a ward of
10 the court, (1) as manifested by his or her failure for a
11 period of 12 months: (i) to visit the child, (ii) to
12 communicate with the child or agency, although able to do
13 so and not prevented from doing so by an agency or by
14 court order, or (iii) to maintain contact with or plan
15 for the future of the child, although physically able to
16 do so, or (2) as manifested by the father's failure,
17 where he and the mother of the child were unmarried to
18 each other at the time of the child's birth, (i) to
19 commence legal proceedings to establish his paternity
20 under the Illinois Parentage Act of 1984 or the law of
21 the jurisdiction of the child's birth within 30 days of
22 being informed, pursuant to Section 12a of this Act, that
23 he is the father or the likely father of the child or,
24 after being so informed where the child is not yet born,
25 within 30 days of the child's birth, or (ii) to make a
26 good faith effort to pay a reasonable amount of the
27 expenses related to the birth of the child and to provide
28 a reasonable amount for the financial support of the
29 child, the court to consider in its determination all
30 relevant circumstances, including the financial condition
31 of both parents; provided that the ground for termination
32 provided in this subparagraph (n)(2)(ii) shall only be
33 available where the petition is brought by the mother or
34 the husband of the mother.
-97- LRB9000715PTcwam02
1 Contact or communication by a parent with his or her
2 child that does not demonstrate affection and concern
3 does not constitute reasonable contact and planning under
4 subdivision (n). In the absence of evidence to the
5 contrary, the ability to visit, communicate, maintain
6 contact, pay expenses and plan for the future shall be
7 presumed. The subjective intent of the parent, whether
8 expressed or otherwise, unsupported by evidence of the
9 foregoing parental acts manifesting that intent, shall
10 not preclude a determination that the parent has intended
11 to forego his or her parental rights. In making this
12 determination, the court may consider but shall not
13 require a showing of diligent efforts by an authorized
14 agency to encourage the parent to perform the acts
15 specified in subdivision (n).
16 It shall be an affirmative defense to any allegation
17 under paragraph (2) of this subsection that the father's
18 failure was due to circumstances beyond his control or to
19 impediments created by the mother or any other person
20 having legal custody. Proof of that fact need only be by
21 a preponderance of the evidence.
22 (o) repeated or continuous failure by the parents,
23 although physically and financially able, to provide the
24 child with adequate food, clothing, or shelter.
25 (p) inability to discharge parental
26 responsibilities supported by competent evidence from a
27 psychiatrist, licensed clinical social worker, or
28 clinical psychologist of mental impairment, mental
29 illness or mental retardation as defined in Section 1-116
30 of the Mental Health and Developmental Disabilities Code,
31 or developmental disability as defined in Section 1-106
32 of that Code, and there is sufficient justification to
33 believe that the inability to discharge parental
34 responsibilities shall extend beyond a reasonable time
-98- LRB9000715PTcwam02
1 period. However, this subdivision (p) shall not be
2 construed so as to permit a licensed clinical social
3 worker to conduct any medical diagnosis to determine
4 mental illness or mental impairment.
5 (q) a finding of physical abuse of the child under
6 Section 4-8 of the Juvenile Court Act or Section 2-21 of
7 the Juvenile Court Act of 1987 and a criminal conviction
8 of aggravated battery of the child.
9 E. "Parent" means the father or mother of a legitimate
10 or illegitimate child. For the purpose of this Act, a person
11 who has executed a final and irrevocable consent to adoption
12 or a final and irrevocable surrender for purposes of
13 adoption, or whose parental rights have been terminated by a
14 court, is not a parent of the child who was the subject of
15 the consent or surrender.
16 F. A person is available for adoption when the person
17 is:
18 (a) a child who has been surrendered for adoption
19 to an agency and to whose adoption the agency has
20 thereafter consented;
21 (b) a child to whose adoption a person authorized
22 by law, other than his parents, has consented, or to
23 whose adoption no consent is required pursuant to Section
24 8 of this Act;
25 (c) a child who is in the custody of persons who
26 intend to adopt him through placement made by his
27 parents; or
28 (d) an adult who meets the conditions set forth in
29 Section 3 of this Act.
30 A person who would otherwise be available for adoption
31 shall not be deemed unavailable for adoption solely by reason
32 of his or her death.
33 G. The singular includes the plural and the plural
34 includes the singular and the "male" includes the "female",
-99- LRB9000715PTcwam02
1 as the context of this Act may require.
2 H. "Adoption disruption" occurs when an adoptive
3 placement does not prove successful and it becomes necessary
4 for the child to be removed from placement before the
5 adoption is finalized.
6 I. "Foreign placing agency" is an agency or individual
7 operating in a country or territory outside the United States
8 that is authorized by its country to place children for
9 adoption either directly with families in the United States
10 or through United States based international agencies.
11 J. "Immediate relatives" means the biological parents,
12 the parents of the biological parents and siblings of the
13 biological parents;
14 K. "Intercountry adoption" is a process by which a child
15 from a country other than the United States is adopted.
16 L. "Intercountry Adoption Coordinator" is a staff person
17 of the Department of Children and Family Services appointed
18 by the Director to coordinate the provision of services by
19 the public and private sector to prospective parents of
20 foreign-born children.
21 M. "Interstate Compact on the Placement of Children" is
22 a law enacted by most states for the purpose of establishing
23 uniform procedures for handling the interstate placement of
24 children in foster homes, adoptive homes, or other child care
25 facilities.
26 N. "Non-Compact state" means a state that has not
27 enacted the Interstate Compact on the Placement of Children.
28 O. "Preadoption requirements" are any conditions
29 established by the laws or regulations of the Federal
30 Government or of each state that must be met prior to the
31 placement of a child in an adoptive home.
32 P. "Abused child" means a child whose parent or
33 immediate family member, or any person responsible for the
34 child's welfare, or any individual residing in the same home
-100- LRB9000715PTcwam02
1 as the child, or a paramour of the child's parent:
2 (a) inflicts, causes to be inflicted, or allows to
3 be inflicted upon the child physical injury, by other
4 than accidental means, that causes death, disfigurement,
5 impairment of physical or emotional health, or loss or
6 impairment of any bodily function;
7 (b) creates a substantial risk of physical injury
8 to the child by other than accidental means which would
9 be likely to cause death, disfigurement, impairment of
10 physical or emotional health, or loss or impairment of
11 any bodily function;
12 (c) commits or allows to be committed any sex
13 offense against the child, as sex offenses are defined in
14 the Criminal Code of 1961 and extending those definitions
15 of sex offenses to include children under 18 years of
16 age;
17 (d) commits or allows to be committed an act or
18 acts of torture upon the child; or
19 (e) inflicts excessive corporal punishment.
20 Q. "Neglected child" means any child whose parent or
21 other person responsible for the child's welfare withholds or
22 denies nourishment or medically indicated treatment including
23 food or care denied solely on the basis of the present or
24 anticipated mental or physical impairment as determined by a
25 physician acting alone or in consultation with other
26 physicians or otherwise does not provide the proper or
27 necessary support, education as required by law, or medical
28 or other remedial care recognized under State law as
29 necessary for a child's well-being, or other care necessary
30 for his or her well-being, including adequate food, clothing
31 and shelter; or who is abandoned by his or her parents or
32 other person responsible for the child's welfare.
33 A child shall not be considered neglected or abused for
34 the sole reason that the child's parent or other person
-101- LRB9000715PTcwam02
1 responsible for his or her welfare depends upon spiritual
2 means through prayer alone for the treatment or cure of
3 disease or remedial care as provided under Section 4 of the
4 Abused and Neglected Child Reporting Act.
5 R. "Putative father" means a man who may be a child's
6 father, but who (1) is not married to the child's mother on
7 or before the date that the child was or is to be born and
8 (2) has not established paternity of the child in a court
9 proceeding before the filing of a petition for the adoption
10 of the child. The term includes a male who is less than 18
11 years of age.
12 (Source: P.A. 88-20; 88-550, eff. 7-3-94; 88-691, eff.
13 1-24-95; 89-235, eff. 8-4-95; 90HB165eng with sam01.)
14 (Text of Section after amendment by P.A. 89-704)
15 Sec. 1. Definitions. When used in this Act, unless the
16 context otherwise requires:
17 A. "Child" means a person under legal age subject to
18 adoption under this Act.
19 B. "Related child" means a child subject to adoption
20 where either or both of the adopting parents stands in any of
21 the following relationships to the child by blood or
22 marriage: parent, grand-parent, brother, sister, step-parent,
23 step-grandparent, step-brother, step-sister, uncle, aunt,
24 great-uncle, great-aunt, or cousin of first degree. A child
25 whose parent has executed a final irrevocable consent to
26 adoption or a final irrevocable surrender for purposes of
27 adoption, or whose parent has had his or her parental rights
28 terminated, is not a related child to that person, unless the
29 consent is determined to be void or is void pursuant to
30 subsection O of Section 10.
31 C. "Agency" for the purpose of this Act means a public
32 child welfare agency or a licensed child welfare agency.
33 D. "Unfit person" means any person whom the court shall
34 find to be unfit to have a child, without regard to the
-102- LRB9000715PTcwam02
1 likelihood that the child will be placed for adoption. The
2 grounds of unfitness are any one or more of the following:
3 (a) Abandonment of the child.
4 (a-1) Abandonment of a newborn infant in a
5 hospital.
6 (a-2) Abandonment of a newborn infant in any
7 setting where the evidence suggests that the parent
8 intended to relinquish his or her parental rights.
9 (b) Failure to maintain a reasonable degree of
10 interest, concern or responsibility as to the child's
11 welfare.
12 (c) Desertion of the child for more than 3 months
13 next preceding the commencement of the Adoption
14 proceeding.
15 (d) Substantial neglect of the child if continuous
16 or repeated.
17 (d-1) Substantial neglect, if continuous or
18 repeated, of any child residing in the household which
19 resulted in the death of that child.
20 (e) Extreme or repeated cruelty to the child.
21 (f) Two or more findings of physical abuse to any
22 children under Section 4-8 of the Juvenile Court Act or
23 Section 2-21 of the Juvenile Court Act of 1987, the most
24 recent of which was determined by the juvenile court
25 hearing the matter to be supported by clear and
26 convincing evidence; a criminal conviction or a finding
27 of not guilty by reason of insanity resulting from the
28 death of any child by physical child abuse; or a finding
29 of physical child abuse resulting from the death of any
30 child under Section 4-8 of the Juvenile Court Act or
31 Section 2-21 of the Juvenile Court Act of 1987.
32 (g) Failure to protect the child from conditions
33 within his environment injurious to the child's welfare.
34 (h) Other neglect of, or misconduct toward the
-103- LRB9000715PTcwam02
1 child; provided that in making a finding of unfitness the
2 court hearing the adoption proceeding shall not be bound
3 by any previous finding, order or judgment affecting or
4 determining the rights of the parents toward the child
5 sought to be adopted in any other proceeding except such
6 proceedings terminating parental rights as shall be had
7 under either this Act, the Juvenile Court Act or the
8 Juvenile Court Act of 1987.
9 (i) Depravity.
10 (j) Open and notorious adultery or fornication.
11 (j-1) Conviction of any one of the following crimes
12 shall create a presumption of unfitness that may be
13 overcome only by clear and convincing evidence: (1) first
14 degree murder in violation of paragraph 1 or 2 of
15 subsection (a) of Section 9-1 of the Criminal Code of
16 1961 or conviction of second degree murder in violation
17 of subsection (a) of Section 9-2 of the Criminal Code of
18 1961 of a parent of the child to be adopted; (2) a
19 criminal conviction of first degree murder or second
20 degree murder of any child in violation of the Criminal
21 Code of 1961; (3) a criminal conviction of attempt or
22 conspiracy to commit first degree murder or second degree
23 murder of any child in violation of the Criminal Code of
24 1961; (4) a criminal conviction of solicitation to commit
25 murder of any child, solicitation to commit murder of any
26 child for hire, or solicitation to commit second degree
27 murder of any child in violation of the Criminal Code of
28 1961; (5) a criminal conviction of accountability for the
29 first or second degree murder of any child in violation
30 of the Criminal Code of 1961; or (6) a criminal
31 conviction of aggravated criminal sexual assault in
32 violation of Section 12-14(b)(1) of the Criminal Code of
33 1961.
34 (k) Habitual drunkenness or addiction to drugs,
-104- LRB9000715PTcwam02
1 other than those prescribed by a physician, for at least
2 one year immediately prior to the commencement of the
3 unfitness proceeding.
4 (l) Failure to demonstrate a reasonable degree of
5 interest, concern or responsibility as to the welfare of
6 a new born child during the first 30 days after its
7 birth.
8 (m) Failure by a parent to make reasonable efforts
9 to correct the conditions that were the basis for the
10 removal of the child from the parent, or to make
11 reasonable progress toward the return of the child to the
12 parent within 9 months after an adjudication of neglected
13 or abused minor under Section 2-3 of the Juvenile Court
14 Act of 1987 or dependent minor under Section 2-4 of that
15 Act. If a service plan has been established as required
16 under Section 8.2 of the Abused and Neglected Child
17 Reporting Act to correct the conditions that were the
18 basis for the removal of the child from the parent and if
19 those services were available, then, for purposes of this
20 Act, "failure to make reasonable progress toward the
21 return of the child to the parent" includes the parent's
22 failure to substantially fulfill his or her obligations
23 under the complete that service plan and correct the
24 conditions that brought the child into care within 9
25 months after the adjudication under Section 2-3 or 2-4 of
26 the Juvenile Court Act of 1987.
27 (n) Evidence of intent to forego his or her
28 parental rights, whether or not the child is a ward of
29 the court, (1) as manifested by his or her failure for a
30 period of 12 months: (i) to visit the child, (ii) to
31 communicate with the child or agency, although able to do
32 so and not prevented from doing so by an agency or by
33 court order, or (iii) to maintain contact with or plan
34 for the future of the child, although physically able to
-105- LRB9000715PTcwam02
1 do so, or (2) as manifested by the father's failure,
2 where he and the mother of the child were unmarried to
3 each other at the time of the child's birth, (i) to
4 commence legal proceedings to establish his paternity
5 under the Illinois Parentage Act of 1984 or the law of
6 the jurisdiction of the child's birth within 30 days of
7 being informed, pursuant to Section 12a of this Act, that
8 he is the father or the likely father of the child or,
9 after being so informed where the child is not yet born,
10 within 30 days of the child's birth, or (ii) to make a
11 good faith effort to pay a reasonable amount of the
12 expenses related to the birth of the child and to provide
13 a reasonable amount for the financial support of the
14 child, the court to consider in its determination all
15 relevant circumstances, including the financial condition
16 of both parents; provided that the ground for termination
17 provided in this subparagraph (n)(2)(ii) shall only be
18 available where the petition is brought by the mother or
19 the husband of the mother.
20 Contact or communication by a parent with his or her
21 child that does not demonstrate affection and concern
22 does not constitute reasonable contact and planning under
23 subdivision (n). In the absence of evidence to the
24 contrary, the ability to visit, communicate, maintain
25 contact, pay expenses and plan for the future shall be
26 presumed. The subjective intent of the parent, whether
27 expressed or otherwise, unsupported by evidence of the
28 foregoing parental acts manifesting that intent, shall
29 not preclude a determination that the parent has intended
30 to forego his or her parental rights. In making this
31 determination, the court may consider but shall not
32 require a showing of diligent efforts by an authorized
33 agency to encourage the parent to perform the acts
34 specified in subdivision (n).
-106- LRB9000715PTcwam02
1 It shall be an affirmative defense to any allegation
2 under paragraph (2) of this subsection that the father's
3 failure was due to circumstances beyond his control or to
4 impediments created by the mother or any other person
5 having legal custody. Proof of that fact need only be by
6 a preponderance of the evidence.
7 (o) Repeated or continuous failure by the parents,
8 although physically and financially able, to provide the
9 child with adequate food, clothing, or shelter.
10 (p) Inability to discharge parental
11 responsibilities supported by competent evidence from a
12 psychiatrist, licensed clinical social worker, or
13 clinical psychologist of mental impairment, mental
14 illness or mental retardation as defined in Section 1-116
15 of the Mental Health and Developmental Disabilities Code,
16 or developmental disability as defined in Section 1-106
17 of that Code, and there is sufficient justification to
18 believe that the inability to discharge parental
19 responsibilities shall extend beyond a reasonable time
20 period. However, this subdivision (p) shall not be
21 construed so as to permit a licensed clinical social
22 worker to conduct any medical diagnosis to determine
23 mental illness or mental impairment.
24 (q) A finding of physical abuse of the child under
25 Section 4-8 of the Juvenile Court Act or Section 2-21 of
26 the Juvenile Court Act of 1987 and a criminal conviction
27 of aggravated battery of the child.
28 (r) The child is in the temporary custody or
29 guardianship of the Department of Children and Family
30 Services, the parent is incarcerated as a result of
31 criminal conviction at the time the petition or motion
32 for termination of parental rights is filed, prior to
33 incarceration the parent had little or no contact with
34 the child or provided little or no support for the child,
-107- LRB9000715PTcwam02
1 and the parent's incarceration will prevent the parent
2 from discharging his or her parental responsibilities for
3 the child for a period in excess of 2 years after the
4 filing of the petition or motion for termination of
5 parental rights.
6 (s) The child is in the temporary custody or
7 guardianship of the Department of Children and Family
8 Services, the parent is incarcerated at the time the
9 petition or motion for termination of parental rights is
10 filed, the parent has been repeatedly incarcerated as a
11 result of criminal convictions, and the parent's repeated
12 incarceration has prevented the parent from discharging
13 his or her parental responsibilities for the child.
14 E. "Parent" means the father or mother of a legitimate
15 or illegitimate child. For the purpose of this Act, a person
16 who has executed a final and irrevocable consent to adoption
17 or a final and irrevocable surrender for purposes of
18 adoption, or whose parental rights have been terminated by a
19 court, is not a parent of the child who was the subject of
20 the consent or surrender, unless the consent is void pursuant
21 to subsection O of Section 10.
22 F. A person is available for adoption when the person
23 is:
24 (a) a child who has been surrendered for adoption
25 to an agency and to whose adoption the agency has
26 thereafter consented;
27 (b) a child to whose adoption a person authorized
28 by law, other than his parents, has consented, or to
29 whose adoption no consent is required pursuant to Section
30 8 of this Act;
31 (c) a child who is in the custody of persons who
32 intend to adopt him through placement made by his
33 parents;
34 (c-1) a child for whom a parent has signed a
-108- LRB9000715PTcwam02
1 specific consent pursuant to subsection O of Section 10;
2 or
3 (d) an adult who meets the conditions set forth in
4 Section 3 of this Act.
5 A person who would otherwise be available for adoption
6 shall not be deemed unavailable for adoption solely by reason
7 of his or her death.
8 G. The singular includes the plural and the plural
9 includes the singular and the "male" includes the "female",
10 as the context of this Act may require.
11 H. "Adoption disruption" occurs when an adoptive
12 placement does not prove successful and it becomes necessary
13 for the child to be removed from placement before the
14 adoption is finalized.
15 I. "Foreign placing agency" is an agency or individual
16 operating in a country or territory outside the United States
17 that is authorized by its country to place children for
18 adoption either directly with families in the United States
19 or through United States based international agencies.
20 J. "Immediate relatives" means the biological parents,
21 the parents of the biological parents and siblings of the
22 biological parents;
23 K. "Intercountry adoption" is a process by which a child
24 from a country other than the United States is adopted.
25 L. "Intercountry Adoption Coordinator" is a staff person
26 of the Department of Children and Family Services appointed
27 by the Director to coordinate the provision of services by
28 the public and private sector to prospective parents of
29 foreign-born children.
30 M. "Interstate Compact on the Placement of Children" is
31 a law enacted by most states for the purpose of establishing
32 uniform procedures for handling the interstate placement of
33 children in foster homes, adoptive homes, or other child care
34 facilities.
-109- LRB9000715PTcwam02
1 N. "Non-Compact state" means a state that has not
2 enacted the Interstate Compact on the Placement of Children.
3 O. "Preadoption requirements" are any conditions
4 established by the laws or regulations of the Federal
5 Government or of each state that must be met prior to the
6 placement of a child in an adoptive home.
7 P. "Abused child" means a child whose parent or
8 immediate family member, or any person responsible for the
9 child's welfare, or any individual residing in the same home
10 as the child, or a paramour of the child's parent:
11 (a) inflicts, causes to be inflicted, or allows to
12 be inflicted upon the child physical injury, by other
13 than accidental means, that causes death, disfigurement,
14 impairment of physical or emotional health, or loss or
15 impairment of any bodily function;
16 (b) creates a substantial risk of physical injury
17 to the child by other than accidental means which would
18 be likely to cause death, disfigurement, impairment of
19 physical or emotional health, or loss or impairment of
20 any bodily function;
21 (c) commits or allows to be committed any sex
22 offense against the child, as sex offenses are defined in
23 the Criminal Code of 1961 and extending those definitions
24 of sex offenses to include children under 18 years of
25 age;
26 (d) commits or allows to be committed an act or
27 acts of torture upon the child; or
28 (e) inflicts excessive corporal punishment.
29 Q. "Neglected child" means any child whose parent or
30 other person responsible for the child's welfare withholds or
31 denies nourishment or medically indicated treatment including
32 food or care denied solely on the basis of the present or
33 anticipated mental or physical impairment as determined by a
34 physician acting alone or in consultation with other
-110- LRB9000715PTcwam02
1 physicians or otherwise does not provide the proper or
2 necessary support, education as required by law, or medical
3 or other remedial care recognized under State law as
4 necessary for a child's well-being, or other care necessary
5 for his or her well-being, including adequate food, clothing
6 and shelter; or who is abandoned by his or her parents or
7 other person responsible for the child's welfare.
8 A child shall not be considered neglected or abused for
9 the sole reason that the child's parent or other person
10 responsible for his or her welfare depends upon spiritual
11 means through prayer alone for the treatment or cure of
12 disease or remedial care as provided under Section 4 of the
13 Abused and Neglected Child Reporting Act.
14 R. "Putative father" means a man who may be a child's
15 father, but who (1) is not married to the child's mother on
16 or before the date that the child was or is to be born and
17 (2) has not established paternity of the child in a court
18 proceeding before the filing of a petition for the adoption
19 of the child. The term includes a male who is less than 18
20 years of age.
21 (Source: P.A. 88-20; 88-550, eff. 7-3-94; 88-691, eff.
22 1-24-95; 89-235, eff. 8-4-95; 89-704, eff. 1-1-98; 90HB165eng
23 with sam01.)
24 Section 90. Severability. If any Section, sentence,
25 clause, or provision of this Act or any application thereof
26 to any person or circumstance is for any reason held invalid
27 or unconstitutional, such invalidity or unconstitutionality
28 shall not affect the validity or constitutionality of the
29 other provisions or applications of this Act which can be
30 given effect without the invalid or unconstitutional
31 application or provision, and to this end the provisions of
32 this Act are declared to be severable.
-111- LRB9000715PTcwam02
1 Section 95. No acceleration or delay. Where this Act
2 makes changes in a statute that is represented in this Act by
3 text that is not yet or no longer in effect (for example, a
4 Section represented by multiple versions), the use of that
5 text does not accelerate or delay the taking effect of (i)
6 the changes made by this Act or (ii) provisions derived from
7 any other Public Act.
8 Section 99. Effective date. This Section takes effect
9 upon becoming law. The changes to subdivision (D)(m) of
10 Section 1 of the Adoption Act take effect upon becoming law,
11 but in no event earlier than the effective date of the
12 changes to that subdivision made by House Bill 165 of the
13 90th General Assembly. All other changes made by this
14 amendatory Act of 1997 (House Bill 66 of the 90th General
15 Assembly) take effect upon becoming law, but in no event
16 earlier than the effective date of the changes made by House
17 Bill 165 of the 90th General Assembly (other than Section 99
18 and the changes to subdivision (D)(m) of Section 1 of the
19 Adoption Act made by House Bill 165 of the 90th General
20 Assembly).".