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90_HB0164eng
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
HB0164 Engrossed 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 Sections 4.5, 7.3d, and 8.2a and
7 changing Section 8.2 as follows:
8 (325 ILCS 5/4.5 new)
9 Sec. 4.5. Drug-affected newborn infant. If a blood,
10 urine, or meconium test administered to a newborn infant
11 indicates the presence of any amount of a controlled
12 substance as defined in subsection (f) of Section 102 of the
13 Illinois Controlled Substances Act, or a metabolite of a
14 controlled substance, the person interpreting the test
15 results shall immediately report that fact, together with the
16 name and address of the infant's mother, if known, to the
17 Department. If a petition is filed with the court alleging
18 that the newborn infant or a sibling of that infant is a
19 neglected or abused minor under the Juvenile Court Act of
20 1987, the Department shall make the report and information
21 available to the court and to the parties.
22 (325 ILCS 5/7.3d new)
23 Sec. 7.3d. Assessments and referrals of
24 substance-abusing parents with children.
25 (a) The Department of Human Services, as successor to
26 the Department of Alcoholism and Substance Abuse, shall
27 select licensed programs to conduct assessments, referrals,
28 and monitoring of treatment outcomes for substance-abusing
29 parents with children involved with the Department of
30 Children and Family Services system. The licensed programs
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1 shall utilize a standardized assessment protocol developed by
2 the Department of Human Services. The Department of Human
3 Services shall ensure that assessments, referrals, and
4 monitoring are conducted in compliance with federal
5 regulations governing the confidentiality of drug and alcohol
6 treatment records.
7 (b) If the Department of Children and Family Services
8 petitions the court under the Juvenile Court Act of 1987 to
9 temporarily remove the child from the parent's custody or to
10 take other action, the Department of Children and Family
11 Services shall require minimally an intake screening and
12 substance abuse assessment as deemed necessary by one of the
13 licensed programs selected by the Department of Human
14 Services. Information gathered by the Department of Children
15 and Family Services that is relevant to the intake screening
16 or assessment shall be made available to the licensed program
17 in accordance of federal confidentiality laws. The licensed
18 program shall provide a written report to the court stating
19 the results of the intake screening or assessment and
20 recommending whether the parent should be placed in
21 treatment. The court may require the parent to participate
22 in treatment in order to regain or retain custody of the
23 parent's child. In evaluating compliance with court-ordered
24 treatment, the court shall give consideration to the parent's
25 ability to pay for treatment as well as the availability of
26 and access to the treatment recommended. If the parent
27 elects to participate in alcohol or drug treatment, the
28 licensed program selected by the Department of Human Services
29 shall refer the parent to an appropriate service provider.
30 The Department of Children and Family Services
31 caseworker, in cooperation with the service provider, shall
32 develop a case management plan for the parent's substance
33 abuse treatment and other related needs. The service
34 provider shall monitor the parent's compliance with and
HB0164 Engrossed -3- LRB9000707DJpkA
1 progress in treatment. The service provider shall obtain
2 appropriate client consent in accordance with federal
3 confidentiality laws to disclose this information to the
4 Department of Children and Family Services, the court, and
5 attorneys involved in the case.
6 (c) If the Department of Children and Family Services
7 does not petition the court, but instead opens the case, the
8 Department of Children and Family Services shall notify one
9 of the licensed programs selected by the Department of Human
10 Services to conduct a substance abuse assessment. This
11 licensed program shall report to the Department of Children
12 and Family Services the results of the assessment and
13 recommend whether the parent should be placed in treatment.
14 The Department of Children and Family Services may require
15 the parent to participate in treatment as part of the
16 Department's family preservation efforts. The licensed
17 program selected by the Department of Human Services shall
18 refer the parent to an appropriate service provider.
19 The Department of Children and Family Services
20 caseworker, in cooperation with the service provider, shall
21 develop a case management plan that includes a comprehensive
22 treatment plan designed to address the parent's needs for
23 substance abuse treatment and other addiction-related
24 services. The service provider shall monitor the parent's
25 compliance with progress in treatment and report back to the
26 Department of Children and Family Services on the parent's
27 progress in treatment. The service provider shall obtain
28 appropriate client consent in accordance with federal
29 confidentiality laws to disclose this information to the
30 Department.
31 (325 ILCS 5/8.2) (from Ch. 23, par. 2058.2)
32 (Text of Section before amendment by P.A. 89-507)
33 Sec. 8.2. If the Child Protective Service Unit
HB0164 Engrossed -4- LRB9000707DJpkA
1 determines, following an investigation made pursuant to
2 Section 7.4 of this Act, that there is credible evidence that
3 the child is abused or neglected, the Department shall assess
4 the family's need for services, and, as necessary, develop,
5 with the family, an appropriate service plan for the family's
6 voluntary acceptance or refusal. In any case where there is
7 evidence that the perpetrator of the abuse or neglect is an
8 addict or alcoholic as defined in the Alcoholism and Other
9 Drug Abuse and Dependency Act, the Department, when making
10 referrals for drug or alcohol abuse services, shall make such
11 referrals to facilities licensed by the Department of
12 Alcoholism and Substance Abuse or the Department of Public
13 Health. The Department shall comply with Section 8.1 by
14 explaining its lack of legal authority to compel the
15 acceptance of services and may explain its concomitant
16 noncommitant authority to petition the Circuit court under
17 the Juvenile Court Act of 1987 or refer the case to the local
18 law enforcement authority or State's attorney for criminal
19 prosecution.
20 For purposes of this Act, the term "family preservation
21 services" refers to all services to prevent the placement of
22 children in substitute care, to reunite them with their
23 families if so placed and if reunification is an appropriate
24 goal, or to maintain an adoptive placement. The term
25 "homemaker" includes emergency caretakers, homemakers,
26 caretakers, housekeepers and chore services. The term
27 "counseling" includes individual therapy, infant stimulation
28 therapy, family therapy, group therapy, self-help groups,
29 drug and alcohol abuse counseling, vocational counseling and
30 post-adoptive services. The term "day care" includes
31 protective day care and day care to meet educational,
32 prevocational or vocational needs. The term "emergency
33 assistance and advocacy" includes coordinated services to
34 secure emergency cash, food, housing and medical assistance
HB0164 Engrossed -5- LRB9000707DJpkA
1 or advocacy for other subsistence and family protective
2 needs.
3 Before July 1, 2000, appropriate family preservation
4 services shall, subject to appropriation, be included in the
5 service plan if the Department has determined that those
6 services are in the child's best interests and when the child
7 will not be in imminent risk of harm. Beginning July 1,
8 2000, appropriate family preservation services shall be
9 uniformly available throughout the State. The Department
10 shall promptly notify children and families of the
11 Department's responsibility to offer and provide family
12 preservation services as identified in the service plan.
13 Such plans may include but are not limited to: case
14 management services; homemakers; counseling; parent
15 education; day care; emergency assistance and advocacy
16 assessments; respite care; in-home health care;
17 transportation to obtain any of the above services; and
18 medical assistance. Nothing in this paragraph shall be
19 construed to create a private right of action or claim on the
20 part of any individual or child welfare agency.
21 The Department shall provide a preliminary report to the
22 General Assembly no later than January 1, 1991, in regard to
23 the provision of services authorized pursuant to this
24 Section. The report shall include:
25 (a) the number of families and children served, by
26 type of services;
27 (b) the outcome from the provision of such
28 services, including the number of families which remained
29 intact at least 6 months following the termination of
30 services;
31 (c) the number of families which have been subjects
32 of founded reports of abuse following the termination of
33 services;
34 (d) an analysis of general family circumstances in
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1 which family preservation services have been determined
2 to be an effective intervention;
3 (e) information regarding the number of families in
4 need of services but unserved due to budget or program
5 criteria guidelines;
6 (f) an estimate of the time necessary for and the
7 annual cost of statewide implementation of such services;
8 (g) an estimate of the length of time before
9 expansion of these services will be made to include
10 families with children over the age of 6; and
11 (h) recommendations regarding any proposed
12 legislative changes to this program.
13 The Department shall provide a preliminary report to the
14 General Assembly no later than January 1, 1998, in regard to
15 the provision of services authorized pursuant to this
16 Section. As of July 1, 1997, the Department shall have the
17 University of Illinois Child and Family Research Center
18 conduct an annual evaluation of these services and shall
19 issue an annual evaluation report to the Governor and the
20 General Assembly and to the public upon request. The annual
21 evaluation report shall include the following information:
22 (A) The number of families and children served, by
23 type of services.
24 (B) The category of abuse or neglect report that
25 was the basis for opening the case.
26 (C) The outcome from the provision of those
27 services, including (i) the number of families that
28 remained intact 6 months following the termination of
29 services, (ii) the number of children who were placed in
30 substitute care 6 months following the termination of
31 services, (iii) the number of children who were
32 subsequently the subject of indicated or founded reports
33 following the termination of services, (iv) the number of
34 families that have been subjects of founded reports
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1 following the termination of services, (v) the number of
2 cases in which services were denied because provision of
3 services was deemed to be unreasonable, and (vi) the
4 number of cases that required juvenile court involvement.
5 (D) An analysis of general family circumstances in
6 which family preservation services have been determined
7 to be an effective intervention, including a description
8 of the services provided, the cost of service delivery,
9 and a statement of factors resulting in the determination
10 of effective intervention.
11 (E) Information regarding the number of families in
12 need of services but unserved due to budget or program
13 criteria guidelines.
14 (F) An estimate of the time necessary for and the
15 annual cost of statewide implementation of the services.
16 (G) Recommendations regarding any proposed
17 legislative changes.
18 Each Department field office shall maintain on a local
19 basis directories of services available to children and
20 families in the local area where the Department office is
21 located.
22 The Department shall refer children and families served
23 pursuant to this Section to private agencies and governmental
24 agencies, where available.
25 Where there are 2 equal proposals from both a
26 not-for-profit and a for-profit agency to provide services,
27 the Department shall give preference to the proposal from the
28 not-for-profit agency.
29 No service plan shall compel any child or parent to
30 engage in any activity or refrain from any activity which is
31 not reasonably related to remedying a condition or conditions
32 that gave rise or which could give rise to any finding of
33 child abuse or neglect.
34 (Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 6-6-95;
HB0164 Engrossed -8- LRB9000707DJpkA
1 revised 2-7-97.)
2 (Text of Section after amendment by P.A. 89-507)
3 Sec. 8.2. If the Child Protective Service Unit
4 determines, following an investigation made pursuant to
5 Section 7.4 of this Act, that there is credible evidence that
6 the child is abused or neglected, the Department shall assess
7 the family's need for services, and, as necessary, develop,
8 with the family, an appropriate service plan for the family's
9 voluntary acceptance or refusal. In any case where there is
10 evidence that the perpetrator of the abuse or neglect is an
11 addict or alcoholic as defined in the Alcoholism and Other
12 Drug Abuse and Dependency Act, the Department, when making
13 referrals for drug or alcohol abuse services, shall make such
14 referrals to facilities licensed by the Department of Human
15 Services or the Department of Public Health. The Department
16 shall comply with Section 8.1 by explaining its lack of legal
17 authority to compel the acceptance of services and may
18 explain its concomitant noncommitant authority to petition
19 the Circuit court under the Juvenile Court Act of 1987 or
20 refer the case to the local law enforcement authority or
21 State's attorney for criminal prosecution.
22 For purposes of this Act, the term "family preservation
23 services" refers to all services to prevent the placement of
24 children in substitute care, to reunite them with their
25 families if so placed and if reunification is an appropriate
26 goal, or to maintain an adoptive placement. The term
27 "homemaker" includes emergency caretakers, homemakers,
28 caretakers, housekeepers and chore services. The term
29 "counseling" includes individual therapy, infant stimulation
30 therapy, family therapy, group therapy, self-help groups,
31 drug and alcohol abuse counseling, vocational counseling and
32 post-adoptive services. The term "day care" includes
33 protective day care and day care to meet educational,
34 prevocational or vocational needs. The term "emergency
HB0164 Engrossed -9- LRB9000707DJpkA
1 assistance and advocacy" includes coordinated services to
2 secure emergency cash, food, housing and medical assistance
3 or advocacy for other subsistence and family protective
4 needs.
5 Before July 1, 2000, appropriate family preservation
6 services shall, subject to appropriation, be included in the
7 service plan if the Department has determined that those
8 services are in the child's best interests and when the child
9 will not be in imminent risk of harm. Beginning July 1,
10 2000, appropriate family preservation services shall be
11 uniformly available throughout the State. The Department
12 shall promptly notify children and families of the
13 Department's responsibility to offer and provide family
14 preservation services as identified in the service plan.
15 Such plans may include but are not limited to: case
16 management services; homemakers; counseling; parent
17 education; day care; emergency assistance and advocacy
18 assessments; respite care; in-home health care;
19 transportation to obtain any of the above services; and
20 medical assistance. Nothing in this paragraph shall be
21 construed to create a private right of action or claim on the
22 part of any individual or child welfare agency.
23 The Department shall provide a preliminary report to the
24 General Assembly no later than January 1, 1991, in regard to
25 the provision of services authorized pursuant to this
26 Section. The report shall include:
27 (a) the number of families and children served, by
28 type of services;
29 (b) the outcome from the provision of such
30 services, including the number of families which remained
31 intact at least 6 months following the termination of
32 services;
33 (c) the number of families which have been subjects
34 of founded reports of abuse following the termination of
HB0164 Engrossed -10- LRB9000707DJpkA
1 services;
2 (d) an analysis of general family circumstances in
3 which family preservation services have been determined
4 to be an effective intervention;
5 (e) information regarding the number of families in
6 need of services but unserved due to budget or program
7 criteria guidelines;
8 (f) an estimate of the time necessary for and the
9 annual cost of statewide implementation of such services;
10 (g) an estimate of the length of time before
11 expansion of these services will be made to include
12 families with children over the age of 6; and
13 (h) recommendations regarding any proposed
14 legislative changes to this program.
15 The Department shall provide a preliminary report to the
16 General Assembly no later than January 1, 1998, in regard to
17 the provision of services authorized pursuant to this
18 Section. As of July 1, 1997, the Department shall have the
19 University of Illinois Child and Family Research Center
20 conduct an annual evaluation of these services and shall
21 issue an annual evaluation report to the Governor and the
22 General Assembly and to the public upon request. The annual
23 evaluation report shall include the following information:
24 (A) The number of families and children served, by
25 type of services.
26 (B) The category of abuse or neglect report that
27 was the basis for opening the case.
28 (C) The outcome from the provision of those
29 services, including (i) the number of families that
30 remained intact 6 months following the termination of
31 services, (ii) the number of children who were placed in
32 substitute care 6 months following the termination of
33 services, (iii) the number of children who were
34 subsequently the subject of indicated or founded reports
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1 following the termination of services, (iv) the number of
2 families that have been subjects of founded reports
3 following the termination of services, (v) the number of
4 cases in which services were denied because provision of
5 services was deemed to be unreasonable, and (vi) the
6 number of cases that required juvenile court involvement.
7 (D) An analysis of general family circumstances in
8 which family preservation services have been determined
9 to be an effective intervention, including a description
10 of the services provided, the cost of service delivery,
11 and a statement of factors resulting in the determination
12 of effective intervention.
13 (E) Information regarding the number of families in
14 need of services but unserved due to budget or program
15 criteria guidelines.
16 (F) An estimate of the time necessary for and the
17 annual cost of statewide implementation of the services.
18 (G) Recommendations regarding any proposed
19 legislative changes.
20 Each Department field office shall maintain on a local
21 basis directories of services available to children and
22 families in the local area where the Department office is
23 located.
24 The Department shall refer children and families served
25 pursuant to this Section to private agencies and governmental
26 agencies, where available.
27 Where there are 2 equal proposals from both a
28 not-for-profit and a for-profit agency to provide services,
29 the Department shall give preference to the proposal from the
30 not-for-profit agency.
31 No service plan shall compel any child or parent to
32 engage in any activity or refrain from any activity which is
33 not reasonably related to remedying a condition or conditions
34 that gave rise or which could give rise to any finding of
HB0164 Engrossed -12- LRB9000707DJpkA
1 child abuse or neglect.
2 (Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 6-6-95;
3 89-507, eff. 7-1-97; revised 2-7-97.)
4 (325 ILCS 5/8.2a new)
5 Sec. 8.2a. Parenting education. The Department is
6 authorized to establish rules to develop uniform standards
7 for parenting education courses that serve as part of family
8 preservation or reunification efforts for parents of children
9 who are the subjects of abuse or neglect reports made
10 pursuant to this Act. The uniform standards shall establish
11 (1) course duration and hourly requirements, (2) course
12 content, (3) teacher-parent ratio, (4) preliminary and final
13 course examinations content and requirements, and (5) staff
14 training requirements.
15 Section 10. The Juvenile Court Act of 1987 is amended by
16 changing Sections 2-10, 2-24, and 2-25 as follows:
17 (705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
18 Sec. 2-10. Temporary custody hearing. At the appearance
19 of the minor before the court at the temporary custody
20 hearing, all witnesses present shall be examined before the
21 court in relation to any matter connected with the
22 allegations made in the petition.
23 (1) If the court finds that there is not probable cause
24 to believe that the minor is abused, neglected or dependent
25 it shall release the minor and dismiss the petition.
26 (2) If the court finds that there is probable cause to
27 believe that the minor is abused, neglected or dependent, the
28 court shall state in writing the factual basis supporting its
29 finding and the minor, his or her parent, guardian, custodian
30 and other persons able to give relevant testimony shall be
31 examined before the court. The Department of Children and
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1 Family Services shall give testimony concerning indicated
2 reports of abuse and neglect, of which they are aware of
3 through the central registry, involving the minor's parent,
4 guardian or custodian. The Department of Children and Family
5 Services shall also give testimony concerning the child
6 endangerment risk assessment conducted and, as a result of
7 the assessment, whether the minor is safe or unsafe and, if
8 unsafe, what measures or actions must be taken to ensure the
9 safety of the child. After such testimony, the court may, if
10 it is in the best interests of the minor, enter an order that
11 the minor shall be released upon the request of parent,
12 guardian or custodian if the parent, guardian or custodian
13 appears to take custody. Custodian shall include any agency
14 of the State which has been given custody or wardship of the
15 child. If it is in the best interests of the minor, the court
16 may also prescribe shelter care and order that the minor be
17 kept in a suitable place designated by the court or in a
18 shelter care facility designated by the Department of
19 Children and Family Services or a licensed child welfare
20 agency; however, a minor charged with a criminal offense
21 under the Criminal Code of 1961 or adjudicated delinquent
22 shall not be placed in the custody of or committed to the
23 Department of Children and Family Services by any court,
24 except a minor less than 13 years of age and committed to the
25 Department of Children and Family Services under Section 5-23
26 of this Act or a minor for whom an independent basis of
27 abuse, neglect, or dependency exists, which must be defined
28 by departmental rule. In placing the minor, the Department or
29 other agency shall, to the extent compatible with the court's
30 order, comply with Section 7 of the Children and Family
31 Services Act. In determining that it is in the best interests
32 of the minor to prescribe shelter care, the court must find
33 that it is a matter of immediate and urgent necessity for the
34 protection of the minor or of the person or property of
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1 another that the minor be placed in a shelter care facility
2 or that he or she is likely to flee the jurisdiction of the
3 court, and must further find that reasonable efforts have
4 been made or that, in the best interests of the minor, no
5 efforts reasonably can be made to prevent or eliminate the
6 necessity of removal of the minor from his or her home. The
7 court shall require documentation from the Department of
8 Children and Family Services as to the reasonable efforts
9 that were made to prevent or eliminate the necessity of
10 removal of the minor from his or her home or the reasons why
11 no efforts reasonably could be made to prevent or eliminate
12 the necessity of removal. When a minor is placed in the home
13 of a relative, the Department of Children and Family Services
14 shall complete a preliminary background review of the members
15 of the minor's custodian's household in accordance with
16 Section 4.3 of the Child Care Act of 1969 within 90 days of
17 that placement. If the minor is ordered placed in a shelter
18 care facility of the Department of Children and Family
19 Services or a licensed child welfare agency, the court shall,
20 upon request of the appropriate Department or other agency,
21 appoint the Department of Children and Family Services
22 Guardianship Administrator or other appropriate agency
23 executive temporary custodian of the minor and the court may
24 enter such other orders related to the temporary custody as
25 it deems fit and proper, including the provision of services
26 to the minor or his family to ameliorate the causes
27 contributing to the finding of probable cause or to the
28 finding of the existence of immediate and urgent necessity.
29 Acceptance of services shall not be considered an admission
30 of any allegation in a petition made pursuant to this Act,
31 nor may a referral of services be considered as evidence in
32 any proceeding pursuant to this Act, except where the issue
33 is whether the Department has made reasonable efforts to
34 reunite the family. In making its findings that it is in the
HB0164 Engrossed -15- LRB9000707DJpkA
1 best interests of the minor to prescribe shelter care, the
2 court shall state in writing (i) the factual basis supporting
3 its findings concerning the immediate and urgent necessity
4 for the protection of the minor or of the person or property
5 of another and (ii) the factual basis supporting its findings
6 that reasonable efforts were made to prevent or eliminate the
7 removal of the minor from his or her home or that no efforts
8 reasonably could be made to prevent or eliminate the removal
9 of the minor from his or her home. The parents, guardian,
10 custodian, temporary custodian and minor shall each be
11 furnished a copy of such written findings. The temporary
12 custodian shall maintain a copy of the court order and
13 written findings in the case record for the child. The order
14 together with the court's findings of fact in support thereof
15 shall be entered of record in the court.
16 Once the court finds that it is a matter of immediate and
17 urgent necessity for the protection of the minor that the
18 minor be placed in a shelter care facility, the minor shall
19 not be returned to the parent, custodian or guardian until
20 the court finds that such placement is no longer necessary
21 for the protection of the minor.
22 (3) If prior to the shelter care hearing for a minor
23 described in Sections 2-3, 2-4, 3-3 and 4-3 the moving party
24 is unable to serve notice on the party respondent, the
25 shelter care hearing may proceed ex-parte. A shelter care
26 order from an ex-parte hearing shall be endorsed with the
27 date and hour of issuance and shall be filed with the clerk's
28 office and entered of record. The order shall expire after 10
29 days from the time it is issued unless before its expiration
30 it is renewed, at a hearing upon appearance of the party
31 respondent, or upon an affidavit of the moving party as to
32 all diligent efforts to notify the party respondent by notice
33 as herein prescribed. The notice prescribed shall be in
34 writing and shall be personally delivered to the minor or the
HB0164 Engrossed -16- LRB9000707DJpkA
1 minor's attorney and to the last known address of the other
2 person or persons entitled to notice. The notice shall also
3 state the nature of the allegations, the nature of the order
4 sought by the State, including whether temporary custody is
5 sought, and the consequences of failure to appear; and shall
6 explain the right of the parties and the procedures to vacate
7 or modify a shelter care order as provided in this Section.
8 The notice for a shelter care hearing shall be substantially
9 as follows:
10 NOTICE TO PARENTS AND CHILDREN
11 OF SHELTER CARE HEARING
12 On ................ at ........., before the
13 Honorable ................, (address:) .................,
14 the State of Illinois will present evidence (1) that
15 (name of child or children) ....................... are
16 abused, neglected or dependent for the following reasons:
17 .............................................. and (2)
18 that there is "immediate and urgent necessity" to remove
19 the child or children from the responsible relative.
20 YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
21 PLACEMENT of the child or children in foster care until a
22 trial can be held. A trial may not be held for up to 90
23 days.
24 At the shelter care hearing, parents have the
25 following rights:
26 1. To ask the court to appoint a lawyer if
27 they cannot afford one.
28 2. To ask the court to continue the hearing to
29 allow them time to prepare.
30 3. To present evidence concerning:
31 a. Whether or not the child or children
32 were abused, neglected or dependent.
33 b. Whether or not there is "immediate and
34 urgent necessity" to remove the child from home
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1 (including: their ability to care for the
2 child, conditions in the home, alternative
3 means of protecting the child other than
4 removal).
5 c. The best interests of the child.
6 4. To cross examine the State's witnesses.
7 The Notice for rehearings shall be substantially as
8 follows:
9 NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
10 TO REHEARING ON TEMPORARY CUSTODY
11 If you were not present at and did not have adequate
12 notice of the Shelter Care Hearing at which temporary
13 custody of ............... was awarded to
14 ................, you have the right to request a full
15 rehearing on whether the State should have temporary
16 custody of ................. To request this rehearing,
17 you must file with the Clerk of the Juvenile Court
18 (address): ........................, in person or by
19 mailing a statement (affidavit) setting forth the
20 following:
21 1. That you were not present at the shelter
22 care hearing.
23 2. That you did not get adequate notice
24 (explaining how the notice was inadequate).
25 3. Your signature.
26 4. Signature must be notarized.
27 The rehearing should be scheduled within one day of
28 your filing this affidavit.
29 At the rehearing, your rights are the same as at the
30 initial shelter care hearing. The enclosed notice
31 explains those rights.
32 At the Shelter Care Hearing, children have the
33 following rights:
34 1. To have a guardian ad litem appointed.
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1 2. To be declared competent as a witness and
2 to present testimony concerning:
3 a. Whether they are abused, neglected or
4 dependent.
5 b. Whether there is "immediate and urgent
6 necessity" to be removed from home.
7 c. Their best interests.
8 3. To cross examine witnesses for other
9 parties.
10 4. To obtain an explanation of any proceedings
11 and orders of the court.
12 (4) If the parent, guardian, legal custodian,
13 responsible relative, minor age 8 or over, or counsel of the
14 minor did not have actual notice of or was not present at the
15 shelter care hearing, he or she may file an affidavit setting
16 forth these facts, and the clerk shall set the matter for
17 rehearing not later than 48 hours, excluding Sundays and
18 legal holidays, after the filing of the affidavit. At the
19 rehearing, the court shall proceed in the same manner as upon
20 the original hearing.
21 (5) Only when there is reasonable cause to believe that
22 the minor taken into custody is a person described in Section
23 5-3 may the minor be kept or detained in a detention home or
24 county or municipal jail. This Section shall in no way be
25 construed to limit subsection (6).
26 (6) No minor under 16 years of age may be confined in a
27 jail or place ordinarily used for the confinement of
28 prisoners in a police station. Minors under 17 years of age
29 must be kept separate from confined adults and may not at any
30 time be kept in the same cell, room, or yard with adults
31 confined pursuant to the criminal law.
32 (7) If the minor is not brought before a judicial
33 officer within the time period as specified in Section 2-9,
34 the minor must immediately be released from custody.
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1 (8) If neither the parent, guardian or custodian appears
2 within 24 hours to take custody of a minor released upon
3 request pursuant to subsection (2) of this Section, then the
4 clerk of the court shall set the matter for rehearing not
5 later than 7 days after the original order and shall issue a
6 summons directed to the parent, guardian or custodian to
7 appear. At the same time the probation department shall
8 prepare a report on the minor. If a parent, guardian or
9 custodian does not appear at such rehearing, the judge may
10 enter an order prescribing that the minor be kept in a
11 suitable place designated by the Department of Children and
12 Family Services or a licensed child welfare agency.
13 (9) Notwithstanding any other provision of this Section
14 any interested party, including the State, the temporary
15 custodian, an agency providing services to the minor or
16 family under a service plan pursuant to Section 8.2 of the
17 Abused and Neglected Child Reporting Act, foster parent, or
18 any of their representatives, on notice to all parties
19 entitled to notice, may file a motion that it is in the best
20 interests of the minor to modify or vacate a temporary
21 custody order on any of the following grounds:
22 (a) It is no longer a matter of immediate and
23 urgent necessity that the minor remain in shelter care;
24 or
25 (b) There is a material change in the circumstances
26 of the natural family from which the minor was removed;
27 or
28 (c) A person not a party to the alleged abuse,
29 neglect or dependency, including a parent, relative or
30 legal guardian, is capable of assuming temporary custody
31 of the minor; or
32 (d) Services provided by the Department of Children
33 and Family Services or a child welfare agency or other
34 service provider have been successful in eliminating the
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1 need for temporary custody.
2 In ruling on the motion, the court shall determine
3 whether it is in the best interests of the minor to modify or
4 vacate a temporary custody order.
5 The clerk shall set the matter for hearing not later than
6 14 days after such motion is filed. In the event that the
7 court modifies or vacates a temporary custody order but does
8 not vacate its finding of probable cause, the court may order
9 that appropriate services be continued or initiated in behalf
10 of the minor and his or her family.
11 (10) When the court finds or has found that there is
12 probable cause to believe a minor is an abused minor as
13 described in subsection (2) of Section 2-3 and that there is
14 an immediate and urgent necessity for the abused minor to be
15 placed in shelter care, immediate and urgent necessity shall
16 be presumed for any other minor residing in the same
17 household as the abused minor provided:
18 (a) Such other minor is the subject of an abuse or
19 neglect petition pending before the court; and
20 (b) A party to the petition is seeking shelter care
21 for such other minor.
22 Once the presumption of immediate and urgent necessity
23 has been raised, the burden of demonstrating the lack of
24 immediate and urgent necessity shall be on any party that is
25 opposing shelter care for the other minor.
26 (Source: P.A. 88-7; 88-491; 88-614, eff. 9-7-94; 88-670, eff.
27 12-2-94; 89-21, eff. 7-1-95; 89-422; 89-582, eff. 1-1-97;
28 89-626, eff. 8-9-96.)
29 (705 ILCS 405/2-24) (from Ch. 37, par. 802-24)
30 Sec. 2-24. Protective supervision.
31 (1) If the order of disposition, following a
32 determination of the best interests of the minor, releases
33 the minor to the custody of his parents, guardian or legal
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1 custodian, or continues him in such custody, the court may,
2 if it is in the best interests of the minor, place the person
3 having custody of the minor, except for representatives of
4 private or public agencies or governmental departments, under
5 supervision of the probation office. Rules or orders of court
6 shall define the terms and conditions of protective
7 supervision, which may be modified or terminated when the
8 court finds that the best interests of the minor and the
9 public will be served thereby.
10 (2) Following a temporary custody hearing or a
11 determination of the best interests of a minor at a
12 dispositional hearing, the court shall enter an order of
13 protective supervision if the court releases the minor to the
14 custody of the minor's parent, guardian, or legal custodian
15 or continues the minor in the custody of the minor's parent,
16 guardian, or legal custodian and if the court also makes
17 either of the following findings:
18 (a) The minor is a newborn infant whose blood,
19 urine, or meconium contains any amount of a controlled
20 substance as defined in subsection (f) of Section 102 of
21 the Illinois Controlled Substances Act or a metabolite of
22 such a controlled substance; or
23 (b) The minor was adjudicated an abused minor or a
24 neglected minor based in whole or in part on a finding
25 that the minor's parent or other person responsible for
26 the minor's care illegally used a controlled substance or
27 cannabis and that the use contributed to the minor's
28 abuse or neglect.
29 The order of protective supervision shall require, as a
30 condition of the placement of the minor, that each adult
31 individual residing in the household in which the minor is
32 placed and for whom there is reason to believe that the adult
33 is a substance abuser undergo a drug assessment as is deemed
34 appropriate to determine the presence of the suspected
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1 illegal use of a controlled substance or cannabis.
2 The entity conducting the drug assessment required under
3 the order of protective supervision shall be a program
4 licensed by the Department of Human Services and shall make
5 the assessment results available to the court and to the
6 parties. After receiving the results of the assessment, the
7 court may enter any necessary order based on the best
8 interests of the minor.
9 (Source: P.A. 88-7.)
10 (705 ILCS 405/2-25) (from Ch. 37, par. 802-25)
11 Sec. 2-25. Order of protection.
12 (1) The court may make an order of protection in
13 assistance of or as a condition of any other order authorized
14 by this Act. The order of protection shall be based on the
15 best interests of the minor and may set forth reasonable
16 conditions of behavior to be observed for a specified period.
17 Such an order may require a person:
18 (a) To stay away from the home or the minor;
19 (b) To permit a parent to visit the minor at stated
20 periods;
21 (c) To abstain from offensive conduct against the
22 minor, his parent or any person to whom custody of the
23 minor is awarded;
24 (d) To give proper attention to the care of the
25 home;
26 (e) To cooperate in good faith with an agency to
27 which custody of a minor is entrusted by the court or
28 with an agency or association to which the minor is
29 referred by the court;
30 (f) To prohibit and prevent any contact whatsoever
31 with the respondent minor by a specified individual or
32 individuals who are alleged in either a criminal or
33 juvenile proceeding to have caused injury to a respondent
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1 minor or a sibling of a respondent minor;
2 (g) To refrain from acts of commission or omission
3 that tend to make the home not a proper place for the
4 minor.
5 (2) The court shall enter an order of protection to
6 prohibit and prevent any contact between a respondent minor
7 or a sibling of a respondent minor and any person named in a
8 petition seeking an order of protection who has been
9 convicted of heinous battery under Section 12-4.1, aggravated
10 battery of a child under Section 12-4.3, criminal sexual
11 assault under Section 12-13, aggravated criminal sexual
12 assault under Section 12-14, predatory criminal sexual
13 assault of a child under Section 12-14.1, criminal sexual
14 abuse under Section 12-15, or aggravated criminal sexual
15 abuse under Section 12-16 of the Criminal Code of 1961, or
16 has been convicted of an offense that resulted in the death
17 of a child, or has violated a previous order of protection
18 under this Section.
19 (3) When the court issues an order of protection against
20 any person as provided by this Section, the court shall
21 direct a copy of such order to the Sheriff of that county.
22 The Sheriff shall furnish a copy of the order of protection
23 to the Department of State Police with 24 hours of receipt,
24 in the form and manner required by the Department. The
25 Department of State Police shall maintain a complete record
26 and index of such orders of protection and make this data
27 available to all local law enforcement agencies.
28 (4) After notice and opportunity for hearing afforded to
29 a person subject to an order of protection, the order may be
30 modified or extended for a further specified period or both
31 or may be terminated if the court finds that the best
32 interests of the minor and the public will be served thereby.
33 (5) An order of protection may be sought at any time
34 during the course of any proceeding conducted pursuant to
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1 this Act if such an order is in the best interests of the
2 minor. Any person against whom an order of protection is
3 sought may retain counsel to represent him at a hearing, and
4 has rights to be present at the hearing, to be informed prior
5 to the hearing in writing of the contents of the petition
6 seeking a protective order and of the date, place and time of
7 such hearing, and to cross examine witnesses called by the
8 petitioner and to present witnesses and argument in
9 opposition to the relief sought in the petition.
10 (6) Diligent efforts shall be made by the petitioner to
11 serve any person or persons against whom any order of
12 protection is sought with written notice of the contents of
13 the petition seeking a protective order and of the date,
14 place and time at which the hearing on the petition is to be
15 held. When a protective order is being sought in conjunction
16 with a temporary custody hearing, if the court finds that the
17 person against whom the protective order is being sought has
18 been notified of the hearing or that diligent efforts have
19 been made to notify such person, the court may conduct a
20 hearing. If a protective order is sought at any time other
21 than in conjunction with a temporary custody hearing, the
22 court may not conduct a hearing on the petition in the
23 absence of the person against whom the order is sought unless
24 the petitioner has notified such person by personal service
25 at least 3 days before the hearing or has sent written
26 notice by first class mail to such person's last known
27 address at least 5 days before the hearing.
28 (7) A person against whom an order of protection is
29 being sought who is neither a parent, guardian, legal
30 custodian or responsible relative as described in Section 1-5
31 is not a party or respondent as defined in that Section and
32 shall not be entitled to the rights provided therein. Such
33 person does not have a right to appointed counsel or to be
34 present at any hearing other than the hearing in which the
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1 order of protection is being sought or a hearing directly
2 pertaining to that order. Unless the court orders otherwise,
3 such person does not have a right to inspect the court file.
4 (8) All protective orders entered under this Section
5 shall be in writing. Unless the person against whom the
6 order was obtained was present in court when the order was
7 issued, the sheriff, other law enforcement official or
8 special process server shall promptly serve that order upon
9 that person and file proof of such service, in the manner
10 provided for service of process in civil proceedings. The
11 person against whom the protective order was obtained may
12 seek a modification of the order by filing a written motion
13 to modify the order within 7 days after actual receipt by the
14 person of a copy of the order. Any modification of the order
15 granted by the court must be determined to be consistent with
16 the best interests of the minor.
17 (9) Following a temporary custody hearing or a
18 determination of the best interests of a minor at a
19 dispositional hearing, the court shall enter an order of
20 protection if the court releases the minor to the custody of
21 the minor's parent, guardian, or legal custodian or continues
22 the minor in the custody of the minor's parent, guardian, or
23 legal custodian and if the court also makes either of the
24 following findings:
25 (a) The minor is a newborn infant whose blood,
26 urine, or meconium contains any amount of a controlled
27 substance as defined in subsection (f) of Section 102 of
28 the Illinois Controlled Substances Act or a metabolite of
29 such a controlled substance; or
30 (b) The minor was adjudicated an abused minor or a
31 neglected minor based in whole or in part on a finding
32 that the minor's parent or other person responsible for
33 the minor's care illegally used a controlled substance or
34 cannabis and that the use contributed to the minor's
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1 abuse or neglect.
2 The order of protection shall require, as a condition of
3 the placement of the minor, that each adult individual
4 residing in the household in which the minor is placed and
5 for whom there is reason to believe that the adult is a
6 substance abuser undergo a drug assessment as is deemed
7 appropriate to determine the presence of the suspected
8 illegal use of a controlled substance or cannabis.
9 The entity conducting the drug assessment required under
10 the order of protection shall be a program licensed by the
11 Department of Human Services and shall make the assessment
12 results available to the court and to the parties. After
13 receiving the results of the assessment, the court may enter
14 any necessary order based on the best interests of the minor.
15 (Source: P.A. 88-7; 89-428, eff. 12-13-95; 89-462, eff.
16 5-29-96.)
17 Section 95. No acceleration or delay. Where this Act
18 makes changes in a statute that is represented in this Act by
19 text that is not yet or no longer in effect (for example, a
20 Section represented by multiple versions), the use of that
21 text does not accelerate or delay the taking effect of (i)
22 the changes made by this Act or (ii) provisions derived from
23 any other Public Act.
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.