[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] | [ House Amendment 001 ] | [ House Amendment 003 ] |
90_HB0164
325 ILCS 5/4.5 new
705 ILCS 405/2-24 from Ch. 37, par. 802-24
705 ILCS 405/2-25 from Ch. 37, par. 802-25
Amends the Abused and Neglected Child Reporting Act to
require a person who interprets certain tests administered to
a newborn infant to report the results of the tests to DCFS
if the tests indicate the presence of certain controlled
substances. Requires DCFS to make the test report available
to the court and parties in actions under the Juvenile Court
Act in which the infant or a sibling is alleged to be abused
or neglected. Amends the "Abused, Neglected or Dependent
Minors" Article of the Juvenile Court Act of 1987. In
Sections providing for orders of protective supervision and
orders of protection, requires a court in a custody hearing
to require drug testing of adult individuals residing in the
household in which a minor was placed if the minor was
adjudicated neglected or abused because of drug use by the
person in whose care the minor was placed or because the
minor was a newborn infant for whom test results for certain
controlled substances were positive. Effective immediately.
LRB9000707DJpkA
LRB9000707DJpkA
1 AN ACT concerning neglected or abused children, amending
2 named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Abused and Neglected Child Reporting Act
6 is amended by adding Section 4.5 as follows:
7 (325 ILCS 5/4.5 new)
8 Sec. 4.5. Drug-affected newborn infant. If a blood,
9 urine, or meconium test administered to a newborn infant
10 indicates the presence of any amount of a controlled
11 substance as defined in subsection (f) of Section 102 of the
12 Illinois Controlled Substances Act, or a metabolite of a
13 controlled substance, the person interpreting the test
14 results shall immediately report that fact, together with the
15 name and address of the infant's mother, if known, to the
16 Department. If a petition is filed with the court alleging
17 that the newborn infant or a sibling of that infant is a
18 neglected or abused minor under the Juvenile Court Act of
19 1987, the Department shall make the report and information
20 available to the court and to the parties.
21 Section 10. The Juvenile Court Act of 1987 is amended by
22 changing Sections 2-24 and 2-25 as follows:
23 (705 ILCS 405/2-24) (from Ch. 37, par. 802-24)
24 Sec. 2-24. Protective supervision.
25 (1) If the order of disposition, following a
26 determination of the best interests of the minor, releases
27 the minor to the custody of his parents, guardian or legal
28 custodian, or continues him in such custody, the court may,
29 if it is in the best interests of the minor, place the person
-2- LRB9000707DJpkA
1 having custody of the minor, except for representatives of
2 private or public agencies or governmental departments, under
3 supervision of the probation office. Rules or orders of court
4 shall define the terms and conditions of protective
5 supervision, which may be modified or terminated when the
6 court finds that the best interests of the minor and the
7 public will be served thereby.
8 (2) Following a temporary custody hearing or a
9 determination of the best interests of a minor at a
10 dispositional hearing, the court shall enter an order of
11 protective supervision if the court releases the minor to the
12 custody of the minor's parent, guardian, or legal custodian
13 or continues the minor in the custody of the minor's parent,
14 guardian, or legal custodian and if the court also makes
15 either of the following findings:
16 (a) The minor is a newborn infant whose blood,
17 urine, or meconium contains any amount of a controlled
18 substance as defined in subsection (f) of Section 102 of
19 the Illinois Controlled Substances Act or a metabolite of
20 such a controlled substance; or
21 (b) The minor was adjudicated an abused minor or a
22 neglected minor based in whole or in part on a finding
23 that the minor's parent or other person responsible for
24 the minor's care illegally used a controlled substance or
25 cannabis and that the use contributed to the minor's
26 abuse or neglect.
27 The order of protective supervision shall require, as a
28 condition of the placement of the minor, that each adult
29 individual residing in the household in which the minor is
30 placed undergo drug testing for the illegal use of a
31 controlled substance or cannabis.
32 The entity conducting the drug test or tests required
33 under the order of protective supervision shall make the test
34 results available to the court and to the parties. After
-3- LRB9000707DJpkA
1 receiving the test results, the court may enter any necessary
2 order based on the best interests of the minor.
3 (Source: P.A. 88-7.)
4 (705 ILCS 405/2-25) (from Ch. 37, par. 802-25)
5 Sec. 2-25. Order of protection.
6 (1) The court may make an order of protection in
7 assistance of or as a condition of any other order authorized
8 by this Act. The order of protection shall be based on the
9 best interests of the minor and may set forth reasonable
10 conditions of behavior to be observed for a specified period.
11 Such an order may require a person:
12 (a) To stay away from the home or the minor;
13 (b) To permit a parent to visit the minor at stated
14 periods;
15 (c) To abstain from offensive conduct against the
16 minor, his parent or any person to whom custody of the
17 minor is awarded;
18 (d) To give proper attention to the care of the
19 home;
20 (e) To cooperate in good faith with an agency to
21 which custody of a minor is entrusted by the court or
22 with an agency or association to which the minor is
23 referred by the court;
24 (f) To prohibit and prevent any contact whatsoever
25 with the respondent minor by a specified individual or
26 individuals who are alleged in either a criminal or
27 juvenile proceeding to have caused injury to a respondent
28 minor or a sibling of a respondent minor;
29 (g) To refrain from acts of commission or omission
30 that tend to make the home not a proper place for the
31 minor.
32 (2) The court shall enter an order of protection to
33 prohibit and prevent any contact between a respondent minor
-4- LRB9000707DJpkA
1 or a sibling of a respondent minor and any person named in a
2 petition seeking an order of protection who has been
3 convicted of heinous battery under Section 12-4.1, aggravated
4 battery of a child under Section 12-4.3, criminal sexual
5 assault under Section 12-13, aggravated criminal sexual
6 assault under Section 12-14, predatory criminal sexual
7 assault of a child under Section 12-14.1, criminal sexual
8 abuse under Section 12-15, or aggravated criminal sexual
9 abuse under Section 12-16 of the Criminal Code of 1961, or
10 has been convicted of an offense that resulted in the death
11 of a child, or has violated a previous order of protection
12 under this Section.
13 (3) When the court issues an order of protection against
14 any person as provided by this Section, the court shall
15 direct a copy of such order to the Sheriff of that county.
16 The Sheriff shall furnish a copy of the order of protection
17 to the Department of State Police with 24 hours of receipt,
18 in the form and manner required by the Department. The
19 Department of State Police shall maintain a complete record
20 and index of such orders of protection and make this data
21 available to all local law enforcement agencies.
22 (4) After notice and opportunity for hearing afforded to
23 a person subject to an order of protection, the order may be
24 modified or extended for a further specified period or both
25 or may be terminated if the court finds that the best
26 interests of the minor and the public will be served thereby.
27 (5) An order of protection may be sought at any time
28 during the course of any proceeding conducted pursuant to
29 this Act if such an order is in the best interests of the
30 minor. Any person against whom an order of protection is
31 sought may retain counsel to represent him at a hearing, and
32 has rights to be present at the hearing, to be informed prior
33 to the hearing in writing of the contents of the petition
34 seeking a protective order and of the date, place and time of
-5- LRB9000707DJpkA
1 such hearing, and to cross examine witnesses called by the
2 petitioner and to present witnesses and argument in
3 opposition to the relief sought in the petition.
4 (6) Diligent efforts shall be made by the petitioner to
5 serve any person or persons against whom any order of
6 protection is sought with written notice of the contents of
7 the petition seeking a protective order and of the date,
8 place and time at which the hearing on the petition is to be
9 held. When a protective order is being sought in conjunction
10 with a temporary custody hearing, if the court finds that the
11 person against whom the protective order is being sought has
12 been notified of the hearing or that diligent efforts have
13 been made to notify such person, the court may conduct a
14 hearing. If a protective order is sought at any time other
15 than in conjunction with a temporary custody hearing, the
16 court may not conduct a hearing on the petition in the
17 absence of the person against whom the order is sought unless
18 the petitioner has notified such person by personal service
19 at least 3 days before the hearing or has sent written
20 notice by first class mail to such person's last known
21 address at least 5 days before the hearing.
22 (7) A person against whom an order of protection is
23 being sought who is neither a parent, guardian, legal
24 custodian or responsible relative as described in Section 1-5
25 is not a party or respondent as defined in that Section and
26 shall not be entitled to the rights provided therein. Such
27 person does not have a right to appointed counsel or to be
28 present at any hearing other than the hearing in which the
29 order of protection is being sought or a hearing directly
30 pertaining to that order. Unless the court orders otherwise,
31 such person does not have a right to inspect the court file.
32 (8) All protective orders entered under this Section
33 shall be in writing. Unless the person against whom the
34 order was obtained was present in court when the order was
-6- LRB9000707DJpkA
1 issued, the sheriff, other law enforcement official or
2 special process server shall promptly serve that order upon
3 that person and file proof of such service, in the manner
4 provided for service of process in civil proceedings. The
5 person against whom the protective order was obtained may
6 seek a modification of the order by filing a written motion
7 to modify the order within 7 days after actual receipt by the
8 person of a copy of the order. Any modification of the order
9 granted by the court must be determined to be consistent with
10 the best interests of the minor.
11 (9) Following a temporary custody hearing or a
12 determination of the best interests of a minor at a
13 dispositional hearing, the court shall enter an order of
14 protection if the court releases the minor to the custody of
15 the minor's parent, guardian, or legal custodian or continues
16 the minor in the custody of the minor's parent, guardian, or
17 legal custodian and if the court also makes either of the
18 following findings:
19 (a) The minor is a newborn infant whose blood,
20 urine, or meconium contains any amount of a controlled
21 substance as defined in subsection (f) of Section 102 of
22 the Illinois Controlled Substances Act or a metabolite of
23 such a controlled substance; or
24 (b) The minor was adjudicated an abused minor or a
25 neglected minor based in whole or in part on a finding
26 that the minor's parent or other person responsible for
27 the minor's care illegally used a controlled substance or
28 cannabis and that the use contributed to the minor's
29 abuse or neglect.
30 The order of protection shall require, as a condition of
31 the placement of the minor, that each adult individual
32 residing in the household in which the minor is placed
33 undergo drug testing for the illegal use of a controlled
34 substance or cannabis.
-7- LRB9000707DJpkA
1 The entity conducting the drug test or tests required
2 under the order of protection shall make the test results
3 available to the court and to the parties. After receiving
4 the test results, the court may enter any necessary order
5 based on the best interests of the minor.
6 (Source: P.A. 88-7; 89-428, eff. 12-13-95; 89-462, eff.
7 5-29-96.)
8 Section 99. Effective date. This Act takes effect upon
9 becoming law.