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| [ Senate Amendment 001 ] |
90_HB0165eng
750 ILCS 50/1 from Ch. 40, par. 1501
Amends the Adoption Act. In the definition of "unfit
person", provides that "failure to make reasonable progress
toward the return of the child to the parent" may be defined
as failure to complete within 12 months after an adjudication
under the Juvenile Court Act the service plan established to
correct the conditions that were the basis for the removal of
the child from the parent. Effective immediately.
LRB9000741DJcd
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1 AN ACT concerning children.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 ARTICLE 5.
5 Section 5-1. Short title. This Article may be cited as
6 the Interstate Compact on Adoption Act, and references in
7 this Article to "this Act" mean this Article.
8 Section 5-5. Findings. The legislature finds that:
9 (1) Finding adoptive families for children, for whom
10 state assistance is desirable pursuant to subsection (j) of
11 Section 5 of the Children and Family Services Act, and
12 ensuring the protection of the interest of the children
13 affected during the entire assistance period, require special
14 measures when the adoptive parents move to other states or
15 are residents of another state.
16 (2) Provision of medical and other necessary services
17 for children, with state assistance, encounters special
18 difficulties when the provision of services takes place in
19 other states.
20 Section 5-10. Purposes. The purposes of the Act are to:
21 (1) Authorize the Illinois Department of Children and
22 Family Services to enter into interstate agreements with
23 agencies of other states for the protection of children on
24 behalf of whom adoption assistance is being provided by the
25 Illinois Department of Children and Family Services.
26 (2) Provide procedures for interstate children's
27 adoption assistance payments, including medical payments.
28 Section 5-15. Definitions. As used in this Act, unless
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1 the context clearly indicates otherwise:
2 "Adoption assistance state" means the state that is
3 signatory to an adoption assistance agreement in a particular
4 case.
5 "Residence state" means the state where the child is
6 living.
7 "State" means a state of the United States, the District
8 of Columbia, the Commonwealth of Puerto Rico, the Virgin
9 Islands, Guam, the Commonwealth of the Northern Mariana
10 Islands, or a Territory or Possession of or administered by
11 the United States.
12 Section 5-20. Compacts authorized. The Illinois
13 Department of Children and Family Services is authorized to
14 develop, participate in the development of, negotiate, and
15 enter into one or more interstate compacts on behalf of this
16 State with other states to implement one or more of the
17 purposes set forth in this Act. When so entered into, and
18 for so long as it shall remain in force, such a compact shall
19 have the force and effect of law.
20 Section 5-25. Contents of compacts. A compact entered
21 into pursuant to the authority conferred by this Act shall
22 contain the following:
23 (1) A provision making it available for joinder by
24 all states.
25 (2) A provision or provisions for withdrawal from
26 the compact upon written notice to the parties, but with
27 a period of one year between the date of the notice and
28 the effective date of the withdrawal.
29 (3) A requirement that the protections afforded by
30 or pursuant to the compact continue in force for the
31 duration of the adoption assistance and be applicable to
32 all children and their adoptive parents who on the
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1 effective date of the withdrawal are receiving adoption
2 assistance from a party state other than the one in which
3 they are resident and have their principal place of
4 abode.
5 (4) A requirement that each instance of adoption
6 assistance to which the compact applies be covered by an
7 adoption assistance agreement in writing between the
8 adoptive parents and the state child welfare agency of
9 the state that undertakes to provide the adoption
10 assistance, and further, that any such agreement be
11 expressly for the benefit of the adopted child and
12 enforceable by the adoptive parents and the state agency
13 providing the adoption assistance.
14 (5) Other provisions that may be appropriate to
15 implement the proper administration of the compact.
16 Section 5-30. Optional contents of compacts. A compact
17 entered into pursuant to the authority conferred by this Act
18 may contain provisions in addition to those required pursuant
19 to Section 5-25 of this Act, as follows:
20 (1) Provisions establishing procedures for and
21 entitlement to medical and other necessary social
22 services for the child in accordance with applicable
23 laws, even though the child and the adoptive parents are
24 in a state other than the one responsible for or
25 providing the services or the funds to defray part or all
26 of the costs of the services.
27 (2) Other provisions that may be appropriate or
28 incidental to the proper administration of the compact.
29 Section 5-35. Medical assistance.
30 (a) A child with special needs who resides in this State
31 and who is the subject of an adoption assistance agreement
32 with another state shall be eligible for medical assistance
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1 from this State under Article V of the Illinois Public Aid
2 Code upon the filing of agreed documentation obtained from
3 the assistance state and filed with the Illinois Department
4 of Public Aid. The Department of Children and Family Services
5 shall be required at least annually to establish that the
6 agreement is still in force or has been renewed.
7 (b) If a child (i) is in another state, (ii) is covered
8 by an adoption assistance agreement made by the Illinois
9 Department of Children and Family Services, and (iii) was
10 eligible for medical assistance under Article V of the
11 Illinois Public Aid Code at the time he or she resided in
12 this State and would continue to be eligible for that
13 assistance if he or she was currently residing in this State,
14 then that child is eligible for medical assistance under
15 Article V of the Illinois Public Aid Code, but only for those
16 medical assistance benefits under Article V that are not
17 provided by the other state. There shall be no payment or
18 reimbursement by this State for services or benefits covered
19 under any insurance or other third party medical contract or
20 arrangement held by the child or the adoptive parents.
21 (c) The submission of any claim for payment or
22 reimbursement for services or benefits pursuant to this
23 Section or the making of any statement in connection
24 therewith, which claim or statement the maker knows or should
25 know to be false, misleading, or fraudulent, shall be
26 punishable as perjury and shall also be subject to a fine not
27 to exceed $10,000 or imprisonment for not to exceed 2 years,
28 or both.
29 (d) The provisions of this Section shall apply only to
30 medical assistance for children under adoption assistance
31 agreements from states that have entered into a compact with
32 this State under which the other state provided medical
33 assistance to children with special needs under adoption
34 assistance agreements made by this State.
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1 (e) The Illinois Department of Children and Family
2 Services and the Illinois Department of Public Aid may adopt
3 all rules necessary to implement this Section.
4 Section 5-40. Federal participation. Consistent with
5 federal law, the Illinois Department of Children and Family
6 Services and the Illinois Department of Public Aid or the
7 Illinois Department of Human Services, as the successor
8 agency of the Illinois Department of Public Aid, in
9 connection with the administration of this Act and any
10 compact entered into pursuant to this Act, shall include in
11 any state plan made pursuant to the Adoption Assistance and
12 Child Welfare Act of 1980 (P.L. 96-272), Titles IV (e) and
13 XIX of the Social Security Act, and any other applicable
14 federal laws the provision of adoption assistance and medical
15 assistance for which the federal government pays some or all
16 of the cost. The Department of Children and Family Services
17 and the Illinois Department of Public Aid or the Department
18 of Human Services, as the successor agency of the Illinois
19 Department of Public Aid, shall apply for and administer all
20 relevant federal aid in accordance with law.
21 ARTICLE 10
22 Section 10-5. The Children and Family Services Act is
23 amended by changing Sections 5, 6a, 7, and 7.7 as follows:
24 (20 ILCS 505/5) (from Ch. 23, par. 5005)
25 (Text of Section before amendment by P.A. 89-507)
26 Sec. 5. To provide direct child welfare services when
27 not available through other public or private child care or
28 program facilities.
29 (a) For purposes of this Section:
30 (1) "Children" means persons found within the State
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1 who are under the age of 18 years. The term also
2 includes persons under age 19 who:
3 (A) were committed to the Department pursuant
4 to the Juvenile Court Act or the Juvenile Court Act
5 of 1987, as amended, prior to the age of 18 and who
6 continue under the jurisdiction of the court; or
7 (B) were accepted for care, service and
8 training by the Department prior to the age of 18
9 and whose best interest in the discretion of the
10 Department would be served by continuing that care,
11 service and training because of severe emotional
12 disturbances, physical disability, social adjustment
13 or any combination thereof, or because of the need
14 to complete an educational or vocational training
15 program.
16 (2) "Homeless youth" means persons found within the
17 State who are under the age of 19, are not in a safe and
18 stable living situation and cannot be reunited with their
19 families.
20 (3) "Child welfare services" means public social
21 services which are directed toward the accomplishment of
22 the following purposes:
23 (A) protecting and promoting the welfare of
24 children, including homeless, dependent or neglected
25 children;
26 (B) preventing or remedying, or assisting in
27 the solution of problems which may result in, the
28 neglect, abuse, exploitation or delinquency of
29 children;
30 (C) preventing the unnecessary separation of
31 children from their families by identifying family
32 problems, assisting families in resolving their
33 problems, and preventing the breakup of the family
34 where the prevention of child removal is desirable
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1 and possible;
2 (D) restoring to their families children who
3 have been removed, by the provision of services to
4 the child and the families;
5 (E) placing children in suitable adoptive
6 homes, in cases where restoration to the biological
7 family is not possible or appropriate;
8 (F) assuring adequate care of children away
9 from their homes, in cases where the child cannot be
10 returned home or cannot be placed for adoption;
11 (G) providing supportive services and living
12 maintenance which contribute to the physical,
13 emotional and social well-being of children who are
14 pregnant and unmarried;
15 (H) providing shelter and independent living
16 services for homeless youth; and
17 (I) placing and maintaining children in
18 facilities that provide separate living quarters for
19 children under the age of 18 and for children 18
20 years of age and older, unless a child 18 years of
21 age is in the last year of high school education or
22 vocational training, in an approved individual or
23 group treatment program, or in a licensed shelter
24 facility. The Department is not required to place or
25 maintain children:
26 (i) who are in a foster home, or
27 (ii) who are persons with a developmental
28 disability, as defined in the Mental Health and
29 Developmental Disabilities Code, or
30 (iii) who are female children who are
31 pregnant, pregnant and parenting or parenting,
32 or
33 (iv) who are siblings,
34 in facilities that provide separate living quarters
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1 for children 18 years of age and older and for
2 children under 18 years of age.
3 (b) Nothing in this Section shall be construed to
4 authorize the expenditure of public funds for the purpose of
5 performing abortions.
6 (c) The Department shall establish and maintain
7 tax-supported child welfare services and extend and seek to
8 improve voluntary services throughout the State, to the end
9 that services and care shall be available on an equal basis
10 throughout the State to children requiring such services.
11 (d) The Director may authorize advance disbursements for
12 any new program initiative to any agency contracting with the
13 Department. As a prerequisite for an advance disbursement,
14 the contractor must post a surety bond in the amount of the
15 advance disbursement and have a purchase of service contract
16 approved by the Department. The Department may pay up to 2
17 months operational expenses in advance. The amount of the
18 advance disbursement shall be prorated over the life of the
19 contract or the remaining months of the fiscal year,
20 whichever is less, and the installment amount shall then be
21 deducted from future bills. Advance disbursement
22 authorizations for new initiatives shall not be made to any
23 agency after that agency has operated during 2 consecutive
24 fiscal years. The requirements of this Section concerning
25 advance disbursements shall not apply with respect to the
26 following: payments to local public agencies for child day
27 care services as authorized by Section 5a of this Act; and
28 youth service programs receiving grant funds under Section
29 17a-4.
30 (e) For the purpose of insuring effective state-wide
31 planning, development, and utilization of resources for the
32 day care of children, operated under various auspices, the
33 Department is hereby designated to coordinate all day care
34 activities for children of the State and shall:
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1 (1) Develop on or before December 1, 1977, and
2 update every year thereafter, a state comprehensive
3 day-care plan for submission to the Governor which
4 identifies high-priority areas and groups, relating them
5 to available resources, and identifying the most
6 effective approaches to the use of existing day care
7 services. The State comprehensive day-care plan shall be
8 made available to the General Assembly following the
9 Governor's approval of the plan.
10 The plan shall include methods and procedures for
11 the development of additional day care resources for
12 children to meet the goal of reducing short-run and
13 long-run dependency and to provide necessary enrichment
14 and stimulation to the education of young children.
15 Recommendation shall be made for State policy on optimum
16 use of private and public, local, state and federal
17 resources, including an estimate of the resources needed
18 for the licensing and regulation of day care facilities.
19 A written report shall be submitted to the Governor
20 and the General Assembly, annually, on April 15, and
21 shall include an evaluation of developments over the
22 preceding fiscal year, including cost-benefit analyses of
23 various arrangements. Beginning with the report in 1990
24 and every 2 years thereafter, the report shall also
25 include the following:
26 (A) An assessment of the child care services,
27 needs and available resources throughout the State
28 and an assessment of the adequacy of existing child
29 care services, including, but not limited to,
30 services assisted under this Act and under any other
31 program administered by other State agencies.
32 (B) A survey of day care facilities to
33 determine the number of qualified caregivers, as
34 defined by rule, attracted to vacant positions and
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1 any problems encountered by facilities in attracting
2 and retaining capable caregivers.
3 (C) The average wages and salaries and fringe
4 benefit packages paid to caregivers throughout the
5 State, computed on a regional basis.
6 (D) The qualifications of new caregivers hired
7 at licensed day care facilities during the previous
8 2 year period.
9 (E) Recommendations for increasing caregiver
10 wages and salaries to insure quality care for
11 children.
12 (F) Evaluation of the fee structure and income
13 eligibility for child care subsidized by the State.
14 The requirement for reporting to the General
15 Assembly shall be satisfied by filing copies of the
16 report with the Speaker, the Minority Leader and the
17 Clerk of the House of Representatives and the President,
18 the Minority Leader and the Secretary of the Senate and
19 the Legislative Research Unit, as required by Section 3.1
20 of the General Assembly Organization Act, and filing such
21 additional copies with the State Government Report
22 Distribution Center for the General Assembly as is
23 required under paragraph (t) of Section 7 of the State
24 Library Act.
25 (2) Establish policies and procedures for
26 developing and implementing interagency agreements with
27 other agencies of the State providing child care services
28 or reimbursement for such services.
29 (3) In cooperation with other State agencies,
30 develop and implement a resource and referral system for
31 the State of Illinois either within the Department or by
32 contract with local or regional agencies. Funding for
33 implementation of this system may be provided through
34 Department appropriations or other inter-agency funding
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1 arrangements. The resource and referral system shall
2 provide at least the following services:
3 (A) assembling and maintaining a data base on
4 the supply of child care services;
5 (B) providing information and referrals for
6 parents;
7 (C) coordinating the development of new child
8 care resources;
9 (D) providing technical assistance and
10 training to child care service providers; and
11 (E) recording and analyzing the demand for
12 child care services.
13 The Department shall complete implementation of this
14 resource and referral system in all regions of the State
15 by January 1, 1992.
16 (4) Conduct day care planning activities with the
17 following priorities:
18 (A) development of voluntary day care
19 resources wherever possible, with the provision for
20 grants-in-aid only where demonstrated to be useful
21 and necessary as incentives or supports;
22 (B) emphasis on service to children of
23 recipients of public assistance where such service
24 will allow training or employment of the parent
25 toward achieving the goal of independence;
26 (C) maximum employment of recipients of public
27 assistance in day care centers and day care homes,
28 operated in conjunction with short-term work
29 training programs;
30 (D) care of children from families in stress
31 and crises whose members potentially may become, or
32 are in danger of becoming, non-productive and
33 dependent;
34 (E) expansion of family day care facilities
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1 wherever possible;
2 (F) location of centers in economically
3 depressed neighborhoods, preferably in multi-service
4 centers with cooperation of other agencies;
5 (G) use of existing facilities free of charge
6 or for reasonable rental wherever possible in lieu
7 of construction;
8 (H) development of strategies for assuring a
9 more complete range of day care options, including
10 provision of day care services in homes, in schools
11 or in centers, which will enable a parent or parents
12 to complete a course of education or obtain or
13 maintain employment.
14 Emphasis shall be given to support services which
15 will help to ensure such parents' graduation from high
16 school and to services for participants in the Project
17 Chance program of job training conducted by the Illinois
18 Department of Public Aid.
19 (5) Actively stimulate the development of public
20 and private resources at the local level. It shall also
21 seek the fullest utilization of federal funds directly or
22 indirectly available to the Department.
23 Where appropriate, existing non-governmental agencies or
24 associations shall be involved in planning by the Department.
25 (f) The Department, pursuant to a contract with the
26 Illinois Department of Public Aid, may provide child care
27 services to former recipients of assistance under The
28 Illinois Public Aid Code as authorized by Section 9-6.3 of
29 that Code.
30 (g) The Department shall establish rules and regulations
31 concerning its operation of programs designed to meet the
32 goals of child protection, family preservation, family
33 reunification, adoption and youth development, including but
34 not limited to:
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1 (1) adoption;
2 (2) foster care;
3 (3) family counseling;
4 (4) protective services;
5 (5) service to unwed mothers;
6 (6) homemaker service;
7 (7) return of runaway children;
8 (8) independent living skills and shelter for
9 homeless youth;
10 (9) placement under Section 5-7 of the Juvenile
11 Court Act or Section 2-27, 3-28, 4-25 or 5-29 of the
12 Juvenile Court Act of 1987 in accordance with the federal
13 Adoption Assistance and Child Welfare Act of 1980; and
14 (10) interstate services.
15 Rules and regulations established by the Department shall
16 include provisions for training Department staff and the
17 staff of Department grantees, through contracts with other
18 agencies or resources, in alcohol and drug abuse screening
19 techniques to identify children and adults who should be
20 referred to an alcohol and drug abuse treatment program for
21 professional evaluation.
22 (h) If the Department finds that there is no appropriate
23 program or facility within or available to the Department for
24 a ward and that no licensed private facility has an adequate
25 and appropriate program or none agrees to accept the ward,
26 the Department shall create an appropriate individualized,
27 program-oriented plan for such ward. The plan may be
28 developed within the Department or through purchase of
29 services by the Department to the extent that it is within
30 its statutory authority to do.
31 (i) Service programs shall be available throughout the
32 State and shall include but not be limited to the following
33 services:
34 (1) case management;
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1 (2) homemakers;
2 (3) counseling;
3 (4) parent education;
4 (5) day care; and
5 (6) emergency assistance and advocacy.
6 In addition, the following services may be made available
7 to assess and meet the needs of children and families:
8 (1) comprehensive family-based services;
9 (2) assessments;
10 (3) respite care; and
11 (4) in-home health services.
12 The Department shall provide transportation for any of
13 the services it makes available to children or families or
14 for which it refers children or families.
15 (j) The Department may provide financial assistance, and
16 shall establish rules and regulations concerning such
17 assistance, to persons who adopt physically or mentally
18 handicapped, older and other hard-to-place children who
19 immediately prior to their adoption were legal wards of the
20 Department. The Department may also provide financial
21 assistance, and shall establish rules and regulations for
22 such assistance, to persons appointed guardian of the person
23 under Section 5-7 of the Juvenile Court Act or Section 2-27,
24 3-28, 4-25 or 5-29 of the Juvenile Court Act of 1987 for
25 children who were wards of the Department for 12 months
26 immediately prior to the appointment of the successor
27 guardian and for whom the Department has set a goal of
28 permanent family placement with a foster family.
29 The amount of assistance may vary, depending upon the
30 needs of the child and the adoptive parents, but must be at
31 least $25 less than the monthly cost of care of the child in
32 a foster home, as set forth in the annual assistance
33 agreement. Special purpose grants are allowed where the
34 child requires special service but such costs may not exceed
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1 the amounts which similar services would cost the Department
2 if it were to provide or secure them as guardian of the
3 child.
4 Any financial assistance provided under this subsection
5 is inalienable by assignment, sale, execution, attachment,
6 garnishment, or any other remedy for recovery or collection
7 of a judgment or debt.
8 (k) The Department shall accept for care and training
9 any child who has been adjudicated neglected or abused, or
10 dependent committed to it pursuant to the Juvenile Court Act
11 or the Juvenile Court Act of 1987.
12 (l) Before July 1, 2000, the Department may provide, and
13 beginning July 1, 2000, the Department shall provide, family
14 preservation services, as determined to be appropriate and in
15 the child's best interests and when the child will not be in
16 imminent risk of harm, to any family whose child has been
17 placed in substitute care, any persons who have adopted a
18 child and require post-adoption services, or any persons
19 whose child or children are at risk of being placed outside
20 their home as documented by an "indicated" report of
21 suspected child abuse or neglect determined pursuant to the
22 Abused and Neglected Child Reporting Act. Nothing in this
23 paragraph shall be construed to create a private right of
24 action or claim on the part of any individual or child
25 welfare agency.
26 The Department shall notify the child and his family of
27 the Department's responsibility to offer and provide family
28 preservation services as identified in the service plan. The
29 child and his family shall be eligible for services as soon
30 as the report is determined to be "indicated". The
31 Department may offer services to any child or family with
32 respect to whom a report of suspected child abuse or neglect
33 has been filed, prior to concluding its investigation under
34 Section 7.12 of the Abused and Neglected Child Reporting Act.
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1 However, the child's or family's willingness to accept
2 services shall not be considered in the investigation. The
3 Department may also provide services to any child or family
4 who is the subject of any report of suspected child abuse or
5 neglect or may refer such child or family to services
6 available from other agencies in the community, even if the
7 report is determined to be unfounded, if the conditions in
8 the child's or family's home are reasonably likely to subject
9 the child or family to future reports of suspected child
10 abuse or neglect. Acceptance of such services shall be
11 voluntary.
12 The Department may, at its discretion except for those
13 children also adjudicated neglected or dependent, accept for
14 care and training any child who has been adjudicated
15 addicted, as a truant minor in need of supervision or as a
16 minor requiring authoritative intervention, under the
17 Juvenile Court Act or the Juvenile Court Act of 1987, but no
18 such child shall be committed to the Department by any court
19 without the approval of the Department. A minor charged with
20 a criminal offense under the Criminal Code of 1961 or
21 adjudicated delinquent shall not be placed in the custody of
22 or committed to the Department by any court, except a minor
23 less than 13 years of age committed to the Department under
24 Section 5-23 of the Juvenile Court Act of 1987.
25 (m) The Department may assume temporary custody of any
26 child if:
27 (1) it has received a written consent to such
28 temporary custody signed by the parents of the child or
29 by the parent having custody of the child if the parents
30 are not living together or by the guardian or custodian
31 of the child if the child is not in the custody of either
32 parent, or
33 (2) the child is found in the State and neither a
34 parent, guardian nor custodian of the child can be
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1 located.
2 If the child is found in his or her residence without a
3 parent, guardian, custodian or responsible caretaker, the
4 Department may, instead of removing the child and assuming
5 temporary custody, place an authorized representative of the
6 Department in that residence until such time as a parent,
7 guardian or custodian enters the home and expresses a
8 willingness and apparent ability to resume permanent charge
9 of the child, or until a relative enters the home and is
10 willing and able to assume charge of the child until a
11 parent, guardian or custodian enters the home and expresses
12 such willingness and ability to resume permanent charge.
13 After a caretaker has remained in the home for a period not
14 to exceed 12 hours, the Department must follow those
15 procedures outlined in Section 2-9, 3-11, 4-8 or 5-9 of the
16 Juvenile Court Act of 1987.
17 The Department shall have the authority, responsibilities
18 and duties that a legal custodian of the child would have
19 pursuant to subsection (9) of Section 1-3 of the Juvenile
20 Court Act of 1987. Whenever a child is taken into temporary
21 custody pursuant to an investigation under the Abused and
22 Neglected Child Reporting Act, or pursuant to a referral and
23 acceptance under the Juvenile Court Act of 1987 of a minor in
24 limited custody, the Department, during the period of
25 temporary custody and before the child is brought before a
26 judicial officer as required by Section 2-9, 3-11, 4-8 or 5-9
27 of the Juvenile Court Act of 1987, shall have the authority,
28 responsibilities and duties that a legal custodian of the
29 child would have under subsection (9) of Section 1-3 of the
30 Juvenile Court Act of 1987.
31 The Department shall ensure that any child taken into
32 custody is scheduled for an appointment for a medical
33 examination.
34 A parent, guardian or custodian of a child in the
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1 temporary custody of the Department who would have custody of
2 the child if he were not in the temporary custody of the
3 Department may deliver to the Department a signed request
4 that the Department surrender the temporary custody of the
5 child. The Department may retain temporary custody of the
6 child for 10 days after the receipt of the request, during
7 which period the Department may cause to be filed a petition
8 pursuant to the Juvenile Court Act of 1987. If a petition is
9 so filed, the Department shall retain temporary custody of
10 the child until the court orders otherwise. If a petition is
11 not filed within the 10 day period, the child shall be
12 surrendered to the custody of the requesting parent, guardian
13 or custodian not later than the expiration of the 10 day
14 period, at which time the authority and duties of the
15 Department with respect to the temporary custody of the child
16 shall terminate.
17 (n) The Department may place children under 18 years of
18 age in licensed child care facilities when in the opinion of
19 the Department, appropriate services aimed at family
20 preservation have been unsuccessful or 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
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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
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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.
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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
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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
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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
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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
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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; 89-626, eff. 8-9-96.)
8 (Text of Section after amendment by P.A. 89-507)
9 Sec. 5. Direct child welfare services; Department of
10 Children and Family Services. To provide direct child welfare
11 services when not available through other public or private
12 child care or program facilities.
13 (a) For purposes of this Section:
14 (1) "Children" means persons found within the State
15 who are under the age of 18 years. The term also
16 includes persons under age 19 who:
17 (A) were committed to the Department pursuant
18 to the Juvenile Court Act or the Juvenile Court Act
19 of 1987, as amended, prior to the age of 18 and who
20 continue under the jurisdiction of the court; or
21 (B) were accepted for care, service and
22 training by the Department prior to the age of 18
23 and whose best interest in the discretion of the
24 Department would be served by continuing that care,
25 service and training because of severe emotional
26 disturbances, physical disability, social adjustment
27 or any combination thereof, or because of the need
28 to complete an educational or vocational training
29 program.
30 (2) "Homeless youth" means persons found within the
31 State who are under the age of 19, are not in a safe and
32 stable living situation and cannot be reunited with their
33 families.
34 (3) "Child welfare services" means public social
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1 services which are directed toward the accomplishment of
2 the following purposes:
3 (A) protecting and promoting the health,
4 safety and welfare of children, including homeless,
5 dependent or neglected children;
6 (B) remedying, or assisting in the solution of
7 problems which may result in, the neglect, abuse,
8 exploitation or delinquency of children;
9 (C) preventing the unnecessary separation of
10 children from their families by identifying family
11 problems, assisting families in resolving their
12 problems, and preventing the breakup of the family
13 where the prevention of child removal is desirable
14 and possible when the child can be cared for at home
15 without endangering the child's health and safety;
16 (D) restoring to their families children who
17 have been removed, by the provision of services to
18 the child and the families when the child can be
19 cared for at home without endangering the child's
20 health and safety;
21 (E) placing children in suitable adoptive
22 homes, in cases where restoration to the biological
23 family is not safe, possible or appropriate;
24 (F) assuring safe and adequate care of
25 children away from their homes, in cases where the
26 child cannot be returned home or cannot be placed
27 for adoption. At the time of placement, the
28 Department shall consider concurrent planning, as
29 described in subsection (l-1) of this Section so
30 that permanency may occur at the earliest
31 opportunity. Consideration should be given so that
32 if reunification fails or is delayed, the placement
33 made is the best available placement to provide
34 permanency for the child;
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1 (G) (blank);
2 (H) (blank); and
3 (I) placing and maintaining children in
4 facilities that provide separate living quarters for
5 children under the age of 18 and for children 18
6 years of age and older, unless a child 18 years of
7 age is in the last year of high school education or
8 vocational training, in an approved individual or
9 group treatment program, or in a licensed shelter
10 facility. The Department is not required to place or
11 maintain children:
12 (i) who are in a foster home, or
13 (ii) who are persons with a developmental
14 disability, as defined in the Mental Health and
15 Developmental Disabilities Code, or
16 (iii) who are female children who are
17 pregnant, pregnant and parenting or parenting,
18 or
19 (iv) who are siblings,
20 in facilities that provide separate living quarters
21 for children 18 years of age and older and for
22 children under 18 years of age.
23 (b) Nothing in this Section shall be construed to
24 authorize the expenditure of public funds for the purpose of
25 performing abortions.
26 (c) The Department shall establish and maintain
27 tax-supported child welfare services and extend and seek to
28 improve voluntary services throughout the State, to the end
29 that services and care shall be available on an equal basis
30 throughout the State to children requiring such services.
31 (d) The Director may authorize advance disbursements for
32 any new program initiative to any agency contracting with the
33 Department. As a prerequisite for an advance disbursement,
34 the contractor must post a surety bond in the amount of the
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1 advance disbursement and have a purchase of service contract
2 approved by the Department. The Department may pay up to 2
3 months operational expenses in advance. The amount of the
4 advance disbursement shall be prorated over the life of the
5 contract or the remaining months of the fiscal year,
6 whichever is less, and the installment amount shall then be
7 deducted from future bills. Advance disbursement
8 authorizations for new initiatives shall not be made to any
9 agency after that agency has operated during 2 consecutive
10 fiscal years. The requirements of this Section concerning
11 advance disbursements shall not apply with respect to the
12 following: payments to local public agencies for child day
13 care services as authorized by Section 5a of this Act; and
14 youth service programs receiving grant funds under Section
15 17a-4.
16 (e) (Blank).
17 (f) (Blank).
18 (g) The Department shall establish rules and regulations
19 concerning its operation of programs designed to meet the
20 goals of child safety and protection, family preservation,
21 family reunification, and adoption, including but not limited
22 to:
23 (1) adoption;
24 (2) foster care;
25 (3) family counseling;
26 (4) protective services;
27 (5) (blank);
28 (6) homemaker service;
29 (7) return of runaway children;
30 (8) (blank);
31 (9) placement under Section 5-7 of the Juvenile
32 Court Act or Section 2-27, 3-28, 4-25 or 5-29 of the
33 Juvenile Court Act of 1987 in accordance with the federal
34 Adoption Assistance and Child Welfare Act of 1980; and
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1 (10) interstate services.
2 Rules and regulations established by the Department shall
3 include provisions for training Department staff and the
4 staff of Department grantees, through contracts with other
5 agencies or resources, in alcohol and drug abuse screening
6 techniques to identify children and adults who should be
7 referred to an alcohol and drug abuse treatment program for
8 professional evaluation.
9 (h) If the Department finds that there is no appropriate
10 program or facility within or available to the Department for
11 a ward and that no licensed private facility has an adequate
12 and appropriate program or none agrees to accept the ward,
13 the Department shall create an appropriate individualized,
14 program-oriented plan for such ward. The plan may be
15 developed within the Department or through purchase of
16 services by the Department to the extent that it is within
17 its statutory authority to do.
18 (i) Service programs shall be available throughout the
19 State and shall include but not be limited to the following
20 services:
21 (1) case management;
22 (2) homemakers;
23 (3) counseling;
24 (4) parent education;
25 (5) day care; and
26 (6) emergency assistance and advocacy.
27 In addition, the following services may be made available
28 to assess and meet the needs of children and families:
29 (1) comprehensive family-based services;
30 (2) assessments;
31 (3) respite care; and
32 (4) in-home health services.
33 The Department shall provide transportation for any of
34 the services it makes available to children or families or
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1 for which it refers children or families.
2 (j) The Department may provide financial assistance, and
3 shall establish rules and regulations concerning such
4 assistance, to persons who adopt physically or mentally
5 handicapped, older and other hard-to-place children who
6 immediately prior to their adoption were legal wards of the
7 Department. The Department may also provide financial
8 assistance, and shall establish rules and regulations for
9 such assistance, to persons appointed guardian of the person
10 under Section 5-7 of the Juvenile Court Act or Section 2-27,
11 3-28, 4-25 or 5-29 of the Juvenile Court Act of 1987 for
12 children who were wards of the Department for 12 months
13 immediately prior to the appointment of the successor
14 guardian and for whom the Department has set a goal of
15 permanent family placement with a foster family.
16 The amount of assistance may vary, depending upon the
17 needs of the child and the adoptive parents, but must be at
18 least $25 less than the monthly cost of care of the child in
19 a foster home, as set forth in the annual assistance
20 agreement. Special purpose grants are allowed where the
21 child requires special service but such costs may not exceed
22 the amounts which similar services would cost the Department
23 if it were to provide or secure them as guardian of the
24 child.
25 Any financial assistance provided under this subsection
26 is inalienable by assignment, sale, execution, attachment,
27 garnishment, or any other remedy for recovery or collection
28 of a judgment or debt.
29 (k) The Department shall accept for care and training
30 any child who has been adjudicated neglected or abused, or
31 dependent committed to it pursuant to the Juvenile Court Act
32 or the Juvenile Court Act of 1987.
33 (l) Before July 1, 2000, the Department may provide, and
34 beginning July 1, 2000, the Department shall provide, family
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1 preservation services, as determined to be appropriate and in
2 the child's best interests and when the child will be safe
3 and not be in imminent risk of harm, to any family whose
4 child has been placed in substitute care, any persons who
5 have adopted a child and require post-adoption services, or
6 any persons whose child or children are at risk of being
7 placed outside their home as documented by an "indicated"
8 report of suspected child abuse or neglect determined
9 pursuant to the Abused and Neglected Child Reporting Act.
10 Nothing in this paragraph shall be construed to create a
11 private right of action or claim on the part of any
12 individual or child welfare agency.
13 The Department shall notify the child and his family of
14 the Department's responsibility to offer and provide family
15 preservation services as identified in the service plan. The
16 child and his family shall be eligible for services as soon
17 as the report is determined to be "indicated". The
18 Department may offer services to any child or family with
19 respect to whom a report of suspected child abuse or neglect
20 has been filed, prior to concluding its investigation under
21 Section 7.12 of the Abused and Neglected Child Reporting Act.
22 However, the child's or family's willingness to accept
23 services shall not be considered in the investigation. The
24 Department may also provide services to any child or family
25 who is the subject of any report of suspected child abuse or
26 neglect or may refer such child or family to services
27 available from other agencies in the community, even if the
28 report is determined to be unfounded, if the conditions in
29 the child's or family's home are reasonably likely to subject
30 the child or family to future reports of suspected child
31 abuse or neglect. Acceptance of such services shall be
32 voluntary.
33 The Department may, at its discretion except for those
34 children also adjudicated neglected or dependent, accept for
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1 care and training any child who has been adjudicated
2 addicted, as a truant minor in need of supervision or as a
3 minor requiring authoritative intervention, under the
4 Juvenile Court Act or the Juvenile Court Act of 1987, but no
5 such child shall be committed to the Department by any court
6 without the approval of the Department. A minor charged with
7 a criminal offense under the Criminal Code of 1961 or
8 adjudicated delinquent shall not be placed in the custody of
9 or committed to the Department by any court, except a minor
10 less than 13 years of age committed to the Department under
11 Section 5-23 of the Juvenile Court Act of 1987.
12 (l-1) The legislature recognizes that the best interests
13 of the child require that the child be placed in the most
14 permanent living arrangement as soon as is practically
15 possible. To achieve this goal, the legislature directs the
16 Department of Children and Family Services to conduct
17 concurrent planning so that permanency may occur at the
18 earliest opportunity. Permanent living arrangements may
19 include prevention of placement of a child outside the home
20 of the family when the child can be cared for at home without
21 endangering the child's health or safety; reunification with
22 the family, when safe and appropriate, if temporary placement
23 is necessary; or movement of the child toward the most
24 permanent living arrangement and permanent legal status.
25 When a child is placed in foster care, the Department
26 shall ensure and document that reasonable efforts were made
27 to prevent or eliminate the need to remove the child from the
28 child's home. The Department must make reasonable efforts to
29 reunify the family when temporary placement of the child
30 occurs or must request a finding from the court that
31 reasonable efforts are not appropriate or have been
32 unsuccessful.
33 A decision to place a child in substitute care shall be
34 made with considerations of the child's health, safety, and
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1 best interests. At the time of placement, consideration
2 should also be given so that if reunification fails or is
3 delayed, the placement made is the best available placement
4 to provide permanency for the child.
5 The Department shall adopt rules addressing concurrent
6 planning for reunification and permanency. The Department
7 shall consider the following factors when determining
8 appropriateness of concurrent planning:
9 (1) the likelihood of prompt reunification;
10 (2) the past history of the family;
11 (3) the barriers to reunification being addressed
12 by the family;
13 (4) the level of cooperation of the family;
14 (5) the foster parents' willingness to work with
15 the family to reunite;
16 (6) the willingness and ability of the foster
17 family to provide an adoptive home or long-term
18 placement;
19 (7) the age of the child;
20 (8) placement of siblings.
21 (m) The Department may assume temporary custody of any
22 child if:
23 (1) it has received a written consent to such
24 temporary custody signed by the parents of the child or
25 by the parent having custody of the child if the parents
26 are not living together or by the guardian or custodian
27 of the child if the child is not in the custody of either
28 parent, or
29 (2) the child is found in the State and neither a
30 parent, guardian nor custodian of the child can be
31 located.
32 If the child is found in his or her residence without a
33 parent, guardian, custodian or responsible caretaker, the
34 Department may, instead of removing the child and assuming
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1 temporary custody, place an authorized representative of the
2 Department in that residence until such time as a parent,
3 guardian or custodian enters the home and expresses a
4 willingness and apparent ability to ensure the child's health
5 and safety and resume permanent charge of the child, or until
6 a relative enters the home and is willing and able to ensure
7 the child's health and safety and assume charge of the child
8 until a parent, guardian or custodian enters the home and
9 expresses such willingness and ability to ensure the child's
10 safety and resume permanent charge. After a caretaker has
11 remained in the home for a period not to exceed 12 hours, the
12 Department must follow those procedures outlined in Section
13 2-9, 3-11, 4-8 or 5-9 of the 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
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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 and cannot ensure the
18 child's health and safety or are unavailable and such
19 placement would be for their best interest. Payment for
20 board, clothing, care, training and supervision of any child
21 placed in a licensed child care facility may be made by the
22 Department, by the parents or guardians of the estates of
23 those children, or by both the Department and the parents or
24 guardians, except that no payments shall be made by the
25 Department for any child placed in a licensed child care
26 facility for board, clothing, care, training and supervision
27 of such a child that exceed the average per capita cost of
28 maintaining and of caring for a child in institutions for
29 dependent or neglected children operated by the Department.
30 However, such restriction on payments does not apply in cases
31 where children require specialized care and treatment for
32 problems of severe emotional disturbance, physical
33 disability, social adjustment, or any combination thereof and
34 suitable facilities for the placement of such children are
HB0165 Engrossed -36- LRB9000741DJcd
1 not available at payment rates within the limitations set
2 forth in this Section. All reimbursements for services
3 delivered shall be absolutely inalienable by assignment,
4 sale, attachment, garnishment or otherwise.
5 (o) The Department shall establish an administrative
6 review and appeal process for children and families who
7 request or receive child welfare services from the
8 Department. Children who are wards of the Department and are
9 placed by private child welfare agencies, and foster families
10 with whom those children are placed, shall be afforded the
11 same procedural and appeal rights as children and families in
12 the case of placement by the Department, including the right
13 to an initial review of a private agency decision by that
14 agency. The Department shall insure that any private child
15 welfare agency, which accepts wards of the Department for
16 placement, affords those rights to children and foster
17 families. The Department shall accept for administrative
18 review and an appeal hearing a complaint made by a child or
19 foster family concerning a decision following an initial
20 review by a private child welfare agency. An appeal of a
21 decision concerning a change in the placement of a child
22 shall be conducted in an expedited manner.
23 (p) There is hereby created the Department of Children
24 and Family Services Emergency Assistance Fund from which the
25 Department may provide special financial assistance to
26 families which are in economic crisis when such assistance is
27 not available through other public or private sources and the
28 assistance is deemed necessary to prevent dissolution of the
29 family unit or to reunite families which have been separated
30 due to child abuse and neglect. The Department shall
31 establish administrative rules specifying the criteria for
32 determining eligibility for and the amount and nature of
33 assistance to be provided. The Department may also enter
34 into written agreements with private and public social
HB0165 Engrossed -37- LRB9000741DJcd
1 service agencies to provide emergency financial services to
2 families referred by the Department. Special financial
3 assistance payments shall be available to a family no more
4 than once during each fiscal year and the total payments to a
5 family may not exceed $500 during a fiscal year.
6 (q) The Department may receive and use, in their
7 entirety, for the benefit of children any gift, donation or
8 bequest of money or other property which is received on
9 behalf of such children, or any financial benefits to which
10 such children are or may become entitled while under the
11 jurisdiction or care of the Department.
12 The Department shall set up and administer no-cost,
13 interest-bearing savings accounts in appropriate financial
14 institutions ("individual accounts") for children for whom
15 the Department is legally responsible and who have been
16 determined eligible for Veterans' Benefits, Social Security
17 benefits, assistance allotments from the armed forces, court
18 ordered payments, parental voluntary payments, Supplemental
19 Security Income, Railroad Retirement payments, Black Lung
20 benefits, or other miscellaneous payments. Interest earned
21 by each individual account shall be credited to the account,
22 unless disbursed in accordance with this subsection.
23 In disbursing funds from children's individual accounts,
24 the Department shall:
25 (1) Establish standards in accordance with State
26 and federal laws for disbursing money from children's
27 individual accounts. In all circumstances, the
28 Department's "Guardianship Administrator" or his or her
29 designee must approve disbursements from children's
30 individual accounts. The Department shall be responsible
31 for keeping complete records of all disbursements for
32 each individual account for any purpose.
33 (2) Calculate on a monthly basis the amounts paid
34 from State funds for the child's board and care, medical
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1 care not covered under Medicaid, and social services; and
2 utilize funds from the child's individual account, as
3 covered by regulation, to reimburse those costs.
4 Monthly, disbursements from all children's individual
5 accounts, up to 1/12 of $13,000,000, shall be deposited
6 by the Department into the General Revenue Fund and the
7 balance over 1/12 of $13,000,000 into the DCFS Children's
8 Services Fund.
9 (3) Maintain any balance remaining after
10 reimbursing for the child's costs of care, as specified
11 in item (2). The balance shall accumulate in accordance
12 with relevant State and federal laws and shall be
13 disbursed to the child or his or her guardian, or to the
14 issuing agency.
15 (r) The Department shall promulgate regulations
16 encouraging all adoption agencies to voluntarily forward to
17 the Department or its agent names and addresses of all
18 persons who have applied for and have been approved for
19 adoption of a hard-to-place or handicapped child and the
20 names of such children who have not been placed for adoption.
21 A list of such names and addresses shall be maintained by the
22 Department or its agent, and coded lists which maintain the
23 confidentiality of the person seeking to adopt the child and
24 of the child shall be made available, without charge, to
25 every adoption agency in the State to assist the agencies in
26 placing such children for adoption. The Department may
27 delegate to an agent its duty to maintain and make available
28 such lists. The Department shall ensure that such agent
29 maintains the confidentiality of the person seeking to adopt
30 the child and of the child.
31 (s) The Department of Children and Family Services may
32 establish and implement a program to reimburse Department and
33 private child welfare agency foster parents licensed by the
34 Department of Children and Family Services for damages
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1 sustained by the foster parents as a result of the malicious
2 or negligent acts of foster children, as well as providing
3 third party coverage for such foster parents with regard to
4 actions of foster children to other individuals. Such
5 coverage will be secondary to the foster parent liability
6 insurance policy, if applicable. The program shall be funded
7 through appropriations from the General Revenue Fund,
8 specifically designated for such purposes.
9 (t) The Department shall perform home studies and
10 investigations and shall exercise supervision over visitation
11 as ordered by a court pursuant to the Illinois Marriage and
12 Dissolution of Marriage Act or the Adoption Act only if:
13 (1) an order entered by an Illinois court
14 specifically directs the Department to perform such
15 services; and
16 (2) the court has ordered one or both of the
17 parties to the proceeding to reimburse the Department for
18 its reasonable costs for providing such services in
19 accordance with Department rules, or has determined that
20 neither party is financially able to pay.
21 The Department shall provide written notification to the
22 court of the specific arrangements for supervised visitation
23 and projected monthly costs within 60 days of the court
24 order. The Department shall send to the court information
25 related to the costs incurred except in cases where the court
26 has determined the parties are financially unable to pay. The
27 court may order additional periodic reports as appropriate.
28 (u) Whenever the Department places a child in a licensed
29 foster home, group home, child care institution, or in a
30 relative home, the Department shall provide to the caretaker:
31 (1) available detailed information concerning the
32 child's educational and health history, copies of
33 immunization records (including insurance and medical
34 card information), a history of the child's previous
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1 placements, if any, and reasons for placement changes
2 excluding any information that identifies or reveals the
3 location of any previous caretaker;
4 (2) a copy of the child's portion of the client
5 service plan, including any visitation arrangement, and
6 all amendments or revisions to it as related to the
7 child; and
8 (3) information containing details of the child's
9 individualized educational plan when the child is
10 receiving special education services.
11 The caretaker shall be informed of any known social or
12 behavioral information (including, but not limited to, fire
13 setting, perpetuation of sexual abuse, destructive behavior,
14 and substance abuse) necessary to care for and safeguard the
15 child.
16 (u-5) Effective July 1, 1995, only foster care
17 placements licensed as foster family homes pursuant to the
18 Child Care Act of 1969 shall be eligible to receive foster
19 care payments from the Department. Relative caregivers who,
20 as of July 1, 1995, were approved pursuant to approved
21 relative placement rules previously promulgated by the
22 Department at 89 Ill. Adm. Code 335 and had submitted an
23 application for licensure as a foster family home may
24 continue to receive foster care payments only until the
25 Department determines that they may be licensed as a foster
26 family home or that their application for licensure is denied
27 or until September 30, 1995, whichever occurs first.
28 (v) The Department shall access criminal history record
29 information as defined in the Illinois Uniform Conviction
30 Information Act and information maintained in the
31 adjudicatory and dispositional record system as defined in
32 subdivision (A)19 of Section 55a of the Civil Administrative
33 Code of Illinois if the Department determines the information
34 is necessary to perform its duties under the Abused and
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1 Neglected Child Reporting Act, the Child Care Act of 1969,
2 and the Children and Family Services Act. The Department
3 shall provide for interactive computerized communication and
4 processing equipment that permits direct on-line
5 communication with the Department of State Police's central
6 criminal history data repository. The Department shall
7 comply with all certification requirements and provide
8 certified operators who have been trained by personnel from
9 the Department of State Police. In addition, one Office of
10 the Inspector General investigator shall have training in the
11 use of the criminal history information access system and
12 have access to the terminal. The Department of Children and
13 Family Services and its employees shall abide by rules and
14 regulations established by the Department of State Police
15 relating to the access and dissemination of this information.
16 (w) Within 120 days of August 20, 1995 (the effective
17 date of Public Act 89-392), the Department shall prepare and
18 submit to the Governor and the General Assembly, a written
19 plan for the development of in-state licensed secure child
20 care facilities that care for children who are in need of
21 secure living arrangements for their health, safety, and
22 well-being. For purposes of this subsection, secure care
23 facility shall mean a facility that is designed and operated
24 to ensure that all entrances and exits from the facility, a
25 building or a distinct part of the building, are under the
26 exclusive control of the staff of the facility, whether or
27 not the child has the freedom of movement within the
28 perimeter of the facility, building, or distinct part of the
29 building. The plan shall include descriptions of the types
30 of facilities that are needed in Illinois; the cost of
31 developing these secure care facilities; the estimated number
32 of placements; the potential cost savings resulting from the
33 movement of children currently out-of-state who are projected
34 to be returned to Illinois; the necessary geographic
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1 distribution of these facilities in Illinois; and a proposed
2 timetable for development of such facilities.
3 (Source: P.A. 88-380; 88-398; 88-487; 88-614, eff. 9-7-94;
4 88-670, eff. 12-2-94; 89-21, eff. 6-6-95; 89-392, eff.
5 8-20-95; 89-507, eff. 7-1-97; 89-626, eff. 8-9-96.)
6 (20 ILCS 505/6a) (from Ch. 23, par. 5006a)
7 (Text of Section before amendment by P.A. 89-704)
8 Sec. 6a. Case Plan.
9 (a) With respect to each Department client for whom the
10 Department is providing placement service, the Department
11 shall develop a case plan designed to stabilize the family
12 situation and prevent placement of a child outside the home
13 of the family, reunify the family if temporary placement is
14 necessary, or move the child toward the most permanent living
15 arrangement and permanent legal status. Such case plan shall
16 provide for the utilization of family preservation services.
17 Such case plan shall be reviewed and updated every 6 months.
18 Where appropriate, the case plan shall include
19 recommendations concerning alcohol or drug abuse evaluation.
20 (b) The Department may enter into written agreements
21 with child welfare agencies to establish and implement case
22 plan demonstration projects. The demonstration projects
23 shall require that service providers develop, implement,
24 review and update client case plans. The Department shall
25 examine the effectiveness of the demonstration projects in
26 promoting the family reunification or the permanent placement
27 of each client and shall report its findings to the General
28 Assembly no later than 90 days after the end of the fiscal
29 year in which any such demonstration project is implemented.
30 (Source: P.A. 85-985; 86-1296.)
31 (Text of Section after amendment by P.A. 89-704)
32 Sec. 6a. Case Plan.
33 (a) With respect to each Department client for whom the
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1 Department is providing placement service, the Department
2 shall develop a case plan designed to stabilize the family
3 situation and prevent placement of a child outside the home
4 of the family when the child can be cared for at home without
5 endangering the child's health or safety, reunify the family
6 if temporary placement is necessary when safe and
7 appropriate, or move the child toward the most permanent
8 living arrangement and permanent legal status. Such case
9 plan shall provide for the utilization of reasonable family
10 preservation services as defined in Section 8.2 of the Abused
11 and Neglected Child Reporting Act. Such case plan shall be
12 reviewed and updated every 6 months. Where appropriate, the
13 case plan shall include recommendations concerning alcohol or
14 drug abuse evaluation.
15 (b) The Department may enter into written agreements
16 with child welfare agencies to establish and implement case
17 plan demonstration projects. The demonstration projects
18 shall require that service providers develop, implement,
19 review and update client case plans. The Department shall
20 examine the effectiveness of the demonstration projects in
21 promoting the family reunification or the permanent placement
22 of each client and shall report its findings to the General
23 Assembly no later than 90 days after the end of the fiscal
24 year in which any such demonstration project is implemented.
25 (Source: P.A. 89-704, eff. 1-1-98.)
26 (20 ILCS 505/7) (from Ch. 23, par. 5007)
27 Sec. 7. Placement of children; considerations.
28 (a) In placing any child under this Act, the Department
29 shall place such child, as far as possible, in the care and
30 custody of some individual holding the same religious belief
31 as the parents of the child, or with some child care facility
32 which is operated by persons of like religious faith as the
33 parents of such child.
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1 (b) In placing a child under this Act, the Department
2 may place a child with a relative if the Department has
3 reason to believe that the relative will be able to
4 adequately provide for the child's safety and welfare. The
5 Department may not place a child with a relative, with the
6 exception of certain circumstances which may be waived as
7 defined by the Department in rules, if the results of a check
8 of the Law Enforcement Agency Data System (LEADS) identifies
9 a prior criminal conviction of the relative or any adult
10 member of the relative's household for any of the following
11 offenses under the Criminal Code of 1961:
12 (1) murder;
13 (1.1) solicitation of murder;
14 (1.2) solicitation of murder for hire;
15 (1.3) intentional homicide of an unborn child;
16 (1.4) voluntary manslaughter of an unborn child;
17 (1.5) involuntary manslaughter;
18 (1.6) reckless homicide;
19 (1.7) concealment of a homicidal death;
20 (1.8) involuntary manslaughter of an unborn child;
21 (1.9) reckless homicide of an unborn child;
22 (1.10) drug-induced homicide;
23 (2) a sex offense under Article 11, except offenses
24 described in Sections 11-7, 11-8, 11-12, and 11-13;
25 (3) kidnapping;
26 (3.1) aggravated unlawful restraint;
27 (3.2) forcible detention;
28 (3.3) aiding and abetting child abduction;
29 (4) aggravated kidnapping;
30 (5) child abduction;
31 (6) aggravated battery of a child;
32 (7) criminal sexual assault;
33 (8) aggravated criminal sexual assault;
34 (8.1) predatory criminal sexual assault of a child;
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1 (9) criminal sexual abuse;
2 (10) aggravated sexual abuse;
3 (11) heinous battery;
4 (12) aggravated battery with a firearm;
5 (13) tampering with food, drugs, or cosmetics;
6 (14) drug-induced infliction of great bodily harm;
7 (15) aggravated stalking;
8 (16) home invasion;
9 (17) vehicular invasion;
10 (18) criminal transmission of HIV;
11 (19) criminal neglect of an elderly or disabled
12 person;
13 (20) child abandonment;
14 (21) endangering the life or health of a child;
15 (22) ritual mutilation;
16 (23) ritualized abuse of a child;
17 (24) an offense in any other state the elements of
18 which are similar and bear a substantial relationship to
19 any of the foregoing offenses.
20 For the purpose of this subsection, "relative" shall include
21 any person, 21 years of age or over, other than the parent,
22 who (i) is currently related to the child in any of the
23 following ways by blood or adoption: grandparent, sibling,
24 great-grandparent, uncle, aunt, nephew, niece, first cousin,
25 great-uncle, or great-aunt; or (ii) is the spouse of such a
26 relative; or (iii) is the child's step-father, step-mother,
27 or adult step-brother or step-sister; "relative" also
28 includes a person related in any of the foregoing ways to a
29 sibling of a child, even though the person is not related to
30 the child, when the child and its sibling are placed together
31 with that person. A relative with whom a child is placed
32 pursuant to this subsection may, but is not required to,
33 apply for licensure as a foster family home pursuant to the
34 Child Care Act of 1969; provided, however, that as of July 1,
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1 1995, foster care payments shall be made only to licensed
2 foster family homes pursuant to the terms of Section 5 of
3 this Act.
4 (c) In placing a child under this Act, the Department
5 shall ensure that the child's health, safety, and best
6 interests are met by giving due, not sole, consideration to
7 the child's race or ethnic heritage in making a family foster
8 care placement. The Department shall consider the cultural,
9 ethnic, or racial background of the child and the capacity of
10 the prospective foster or adoptive parents to meet the needs
11 of a child of this background as one of a number of factors
12 used to determine the best interests of the child. The
13 Department shall make special efforts for the diligent
14 recruitment of potential foster and adoptive families that
15 reflect the ethnic and racial diversity of the children for
16 whom foster and adoptive homes are needed. "Special efforts"
17 shall include contacting and working with community
18 organizations and religious organizations and may include
19 contracting with those organizations, utilizing local media
20 and other local resources, and conducting outreach
21 activities.
22 (c-1) At the time of placement, the Department shall
23 consider concurrent planning, as described in subsection
24 (l-1) of Section 5, so that permanency may occur at the
25 earliest opportunity. Consideration should be given so that
26 if reunification fails or is delayed, the placement made is
27 the best available placement to provide permanency for the
28 child.
29 (d) The Department may accept gifts, grants, offers of
30 services, and other contributions to use in making special
31 recruitment efforts.
32 (e) The Department in placing children in adoptive or
33 foster care homes may not, in any policy or practice relating
34 to the placement of children for adoption or foster care,
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1 discriminate against any child or prospective adoptive parent
2 on the basis of race.
3 (Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-428, eff.
4 12-13-95; 89-462, eff. 5-29-96; 89-626, eff. 8-9-96.)
5 (20 ILCS 505/7.7)
6 Sec. 7.7. Limit on multiple placements. If the
7 Department has placed a child in substitute care pursuant to
8 a court order, the Department may not change the child's
9 placement unless the Department specifically documents that
10 the current placement is unsafe or unsuitable or that another
11 placement is in the child's best interests or unless the new
12 placement is in an adoptive home or other permanent
13 placement.
14 (Source: P.A. 89-422.)
15 Section 10-10. The Child Care Act of 1969 is amended by
16 changing Section 4.2 as follows:
17 (225 ILCS 10/4.2) (from Ch. 23, par. 2214.2)
18 Sec. 4.2. (a) No applicant may receive a license from
19 the Department and no person may be employed by a licensed
20 child care facility who refuses to authorize an investigation
21 as required by Section 4.1.
22 (b) No applicant may receive a license from the
23 Department and no person may be employed by a child care
24 facility licensed by the Department who has been declared a
25 sexually dangerous person under "An Act in relation to
26 sexually dangerous persons, and providing for their
27 commitment, detention and supervision", approved July 6,
28 1938, as amended, or convicted of committing or attempting to
29 commit any of the following offenses stipulated under the
30 Criminal Code of 1961:
31 (1) murder;
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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;
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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.
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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.
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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
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1 occurred more than 10 years prior to the effective date
2 of 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.)
22 Section 10-15. The Abused and Neglected Child Reporting
23 Act is amended by changing Sections 2, 5, 7.5, and 8.2 as
24 follows:
25 (325 ILCS 5/2) (from Ch. 23, par. 2052)
26 Sec. 2. The Illinois Department of Children and Family
27 Services shall, upon receiving reports made under this Act,
28 protect the health, safety, and best interests of the child
29 in all situations in which the child is vulnerable to child
30 abuse or neglect, offer protective services in order to
31 prevent any further harm to the child and to other children
32 in the same environment or family, stabilize the home
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1 environment, and preserve family life whenever possible and
2 protect the health and safety of children in all situations
3 in which they are vulnerable to child abuse or neglect.
4 Recognizing that children also can be abused and neglected
5 while living in public or private residential agencies or
6 institutions meant to serve them, while attending day care
7 centers or schools, or when in contact with adults who are
8 responsible for the welfare of the child at that time, this
9 Act also provides for the reporting and investigation of
10 child abuse and neglect in such instances. In performing any
11 of these duties, the Department may utilize such protective
12 services of voluntary agencies as are available.
13 (Source: P.A. 84-1318.)
14 (325 ILCS 5/5) (from Ch. 23, par. 2055)
15 Sec. 5. An officer of a local law enforcement agency,
16 designated employee of the Department, or a physician
17 treating a child may take or retain temporary protective
18 custody of the child without the consent of the person
19 responsible for the child's welfare, if (1) he has reason to
20 believe that the child cannot be cared for at home or in the
21 circumstances or conditions of the child are such that
22 continuing in his place of residence or in the care and
23 custody of the person responsible for the child's welfare
24 without endangering the child's health or safety, presents an
25 imminent danger to that child's life or health; and (2) there
26 is not time to apply for a court order under the Juvenile
27 Court Act of 1987 for temporary custody of the child. The
28 person taking or retaining a child in temporary protective
29 custody shall immediately make every reasonable effort to
30 notify the person responsible for the child's welfare and
31 shall immediately notify the Department. The Department
32 shall provide to the temporary caretaker of a child any
33 information in the Department's possession concerning the
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1 positive results of a test performed on the child to
2 determine the presence of the antibody or antigen to Human
3 Immunodeficiency Virus (HIV), or of HIV infection, as well as
4 any communicable diseases or communicable infections that the
5 child has. The temporary caretaker of a child shall not
6 disclose to another person any information received by the
7 temporary caretaker from the Department concerning the
8 results of a test performed on the child to determine the
9 presence of the antibody or antigen to HIV, or of HIV
10 infection, except pursuant to Section 9 of the AIDS
11 Confidentiality Act, as now or hereafter amended. The
12 Department shall promptly initiate proceedings under the
13 Juvenile Court Act of 1987 for the continued temporary
14 custody of the child.
15 Where the physician keeping a child in his custody does
16 so in his capacity as a member of the staff of a hospital or
17 similar institution, he shall notify the person in charge of
18 the institution or his designated agent, who shall then
19 become responsible for the further care of such child in the
20 hospital or similar institution under the direction of the
21 Department.
22 Said care includes, but is not limited to the granting of
23 permission to perform emergency medical treatment to a minor
24 where the treatment itself does not involve a substantial
25 risk of harm to the minor and the failure to render such
26 treatment will likely result in death or permanent harm to
27 the minor, and there is not time to apply for a court order
28 under the Juvenile Court Act of 1987.
29 Any person authorized and acting in good faith in the
30 removal of a child under this Section shall have immunity
31 from any liability, civil or criminal that might otherwise be
32 incurred or imposed as a result of such removal. Any
33 physician authorized and acting in good faith and in
34 accordance with acceptable medical practice in the treatment
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1 of a child under this Section shall have immunity from any
2 liability, civil or criminal, that might otherwise be
3 incurred or imposed as a result of granting permission for
4 emergency treatment.
5 With respect to any child taken into temporary protective
6 custody pursuant to this Section, the Department of Children
7 and Family Services Guardianship Administrator or his
8 designee shall be deemed the child's legally authorized
9 representative for purposes of consenting to an HIV test if
10 deemed necessary and appropriate by the Department's
11 Guardianship Administrator or designee and obtaining and
12 disclosing information concerning such test pursuant to the
13 AIDS Confidentiality Act if deemed necessary and appropriate
14 by the Department's Guardianship Administrator or designee
15 and for purposes of consenting to the release of information
16 pursuant to the Illinois Sexually Transmissible Disease
17 Control Act if deemed necessary and appropriate by the
18 Department's Guardianship Administrator or designee.
19 Any person who administers an HIV test upon the consent
20 of the Department of Children and Family Services
21 Guardianship Administrator or his designee, or who discloses
22 the results of such tests to the Department's Guardianship
23 Administrator or his designee, shall have immunity from any
24 liability, civil, criminal or otherwise, that might result by
25 reason of such actions. For the purpose of any proceedings,
26 civil or criminal, the good faith of any persons required to
27 administer or disclose the results of tests, or permitted to
28 take such actions, shall be presumed.
29 (Source: P.A. 86-733; 86-904; 86-1028.)
30 (325 ILCS 5/7.5) (from Ch. 23, par. 2057.5)
31 Sec. 7.5. If the Child Protective Service Unit is denied
32 reasonable access to a child by the parents or other persons
33 and it deems that the health, safety, and best interests of
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1 the child so require, it shall request the intervention of a
2 local law enforcement agency or seek an appropriate court
3 order to examine and interview the child.
4 (Source: P.A. 81-1077.)
5 (325 ILCS 5/8.2) (from Ch. 23, par. 2058.2)
6 (Text of Section before amendment by P.A. 89-507)
7 Sec. 8.2. If the Child Protective Service Unit
8 determines, following an investigation made pursuant to
9 Section 7.4 of this Act, that there is credible evidence that
10 the child is abused or neglected, the Department shall assess
11 the family's need for services, and, as necessary, develop,
12 with the family, an appropriate service plan for the family's
13 voluntary acceptance or refusal. In any case where there is
14 evidence that the perpetrator of the abuse or neglect is an
15 addict or alcoholic as defined in the Alcoholism and Other
16 Drug Abuse and Dependency Act, the Department, when making
17 referrals for drug or alcohol abuse services, shall make such
18 referrals to facilities licensed by the Department of
19 Alcoholism and Substance Abuse or the Department of Public
20 Health. The Department shall comply with Section 8.1 by
21 explaining its lack of legal authority to compel the
22 acceptance of services and may explain its concomitant
23 noncommitant authority to petition the Circuit court under
24 the Juvenile Court Act of 1987 or refer the case to the local
25 law enforcement authority or State's attorney for criminal
26 prosecution.
27 For purposes of this Act, the term "family preservation
28 services" refers to all services to prevent the placement of
29 children in substitute care, to reunite them with their
30 families if so placed and if reunification is an appropriate
31 goal, or to maintain an adoptive placement. The term
32 "homemaker" includes emergency caretakers, homemakers,
33 caretakers, housekeepers and chore services. The term
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1 "counseling" includes individual therapy, infant stimulation
2 therapy, family therapy, group therapy, self-help groups,
3 drug and alcohol abuse counseling, vocational counseling and
4 post-adoptive services. The term "day care" includes
5 protective day care and day care to meet educational,
6 prevocational or vocational needs. The term "emergency
7 assistance and advocacy" includes coordinated services to
8 secure emergency cash, food, housing and medical assistance
9 or advocacy for other subsistence and family protective
10 needs.
11 Before July 1, 2000, appropriate family preservation
12 services shall, subject to appropriation, be included in the
13 service plan if the Department has determined that those
14 services are in the child's best interests and when the child
15 will not be in imminent risk of harm. Beginning July 1,
16 2000, appropriate family preservation services shall be
17 uniformly available throughout the State. The Department
18 shall promptly notify children and families of the
19 Department's responsibility to offer and provide family
20 preservation services as identified in the service plan.
21 Such plans may include but are not limited to: case
22 management services; homemakers; counseling; parent
23 education; day care; emergency assistance and advocacy
24 assessments; respite care; in-home health care;
25 transportation to obtain any of the above services; and
26 medical assistance. Nothing in this paragraph shall be
27 construed to create a private right of action or claim on the
28 part of any individual or child welfare agency.
29 The Department shall provide a preliminary report to the
30 General Assembly no later than January 1, 1991, in regard to
31 the provision of services authorized pursuant to this
32 Section. The report shall include:
33 (a) the number of families and children served, by
34 type of services;
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1 (b) the outcome from the provision of such
2 services, including the number of families which remained
3 intact at least 6 months following the termination of
4 services;
5 (c) the number of families which have been subjects
6 of founded reports of abuse following the termination of
7 services;
8 (d) an analysis of general family circumstances in
9 which family preservation services have been determined
10 to be an 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 such services;
16 (g) an estimate of the length of time before
17 expansion of these services will be made to include
18 families with children over the age of 6; and
19 (h) recommendations regarding any proposed
20 legislative changes to this program.
21 Each Department field office shall maintain on a local
22 basis directories of services available to children and
23 families in the local area where the Department office is
24 located.
25 The Department shall refer children and families served
26 pursuant to this Section to private agencies and governmental
27 agencies, where available.
28 Where there are 2 equal proposals from both a
29 not-for-profit and a for-profit agency to provide services,
30 the Department shall give preference to the proposal from the
31 not-for-profit agency.
32 No service plan shall compel any child or parent to
33 engage in any activity or refrain from any activity which is
34 not reasonably related to remedying a condition or conditions
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1 that gave rise or which could give rise to any finding of
2 child abuse or neglect.
3 (Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 6-6-95;
4 revised 2-7-97.)
5 (Text of Section after amendment by P.A. 89-507)
6 Sec. 8.2. If the Child Protective Service Unit
7 determines, following an investigation made pursuant to
8 Section 7.4 of this Act, that there is credible evidence that
9 the child is abused or neglected, the Department shall assess
10 the family's need for services, and, as necessary, develop,
11 with the family, an appropriate service plan for the family's
12 voluntary acceptance or refusal. In any case where there is
13 evidence that the perpetrator of the abuse or neglect is an
14 addict or alcoholic as defined in the Alcoholism and Other
15 Drug Abuse and Dependency Act, the Department, when making
16 referrals for drug or alcohol abuse services, shall make such
17 referrals to facilities licensed by the Department of Human
18 Services or the Department of Public Health. The Department
19 shall comply with Section 8.1 by explaining its lack of legal
20 authority to compel the acceptance of services and may
21 explain its concomitant noncommitant authority to petition
22 the Circuit court under the Juvenile Court Act of 1987 or
23 refer the case to the local law enforcement authority or
24 State's attorney for criminal prosecution.
25 For purposes of this Act, the term "family preservation
26 services" refers to all services to prevent the placement of
27 children in substitute care when the children can be cared
28 for at home or in the custody of the person responsible for
29 the children's welfare without endangering the children's
30 health or safety, to reunite them with their families if so
31 placed when and if reunification is an appropriate goal, or
32 to maintain an adoptive placement. The term "homemaker"
33 includes emergency caretakers, homemakers, caretakers,
34 housekeepers and chore services. The term "counseling"
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1 includes individual therapy, infant stimulation therapy,
2 family therapy, group therapy, self-help groups, drug and
3 alcohol abuse counseling, vocational counseling and
4 post-adoptive services. The term "day care" includes
5 protective day care and day care to meet educational,
6 prevocational or vocational needs. The term "emergency
7 assistance and advocacy" includes coordinated services to
8 secure emergency cash, food, housing and medical assistance
9 or advocacy for other subsistence and family protective
10 needs.
11 Before July 1, 2000, appropriate family preservation
12 services shall, subject to appropriation, be included in the
13 service plan if the Department has determined that those
14 services will ensure the child's health and safety, are in
15 the child's best interests, and will not place the child when
16 the child will not be in imminent risk of harm. Beginning
17 July 1, 2000, appropriate family preservation services shall
18 be uniformly available throughout the State. The Department
19 shall promptly notify children and families of the
20 Department's responsibility to offer and provide family
21 preservation services as identified in the service plan.
22 Such plans may include but are not limited to: case
23 management services; homemakers; counseling; parent
24 education; day care; emergency assistance and advocacy
25 assessments; respite care; in-home health care;
26 transportation to obtain any of the above services; and
27 medical assistance. Nothing in this paragraph shall be
28 construed to create a private right of action or claim on the
29 part of any individual or child welfare agency.
30 The Department shall provide a preliminary report to the
31 General Assembly no later than January 1, 1991, in regard to
32 the provision of services authorized pursuant to this
33 Section. The report shall include:
34 (a) the number of families and children served, by
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1 type of services;
2 (b) the outcome from the provision of such
3 services, including the number of families which remained
4 intact at least 6 months following the termination of
5 services;
6 (c) the number of families which have been subjects
7 of founded reports of abuse following the termination of
8 services;
9 (d) an analysis of general family circumstances in
10 which family preservation services have been determined
11 to be an effective intervention;
12 (e) information regarding the number of families in
13 need of services but unserved due to budget or program
14 criteria guidelines;
15 (f) an estimate of the time necessary for and the
16 annual cost of statewide implementation of such services;
17 (g) an estimate of the length of time before
18 expansion of these services will be made to include
19 families with children over the age of 6; and
20 (h) recommendations regarding any proposed
21 legislative changes to this program.
22 Each Department field office shall maintain on a local
23 basis directories of services available to children and
24 families in the local area where the Department office is
25 located.
26 The Department shall refer children and families served
27 pursuant to this Section to private agencies and governmental
28 agencies, where available.
29 Where there are 2 equal proposals from both a
30 not-for-profit and a for-profit agency to provide services,
31 the Department shall give preference to the proposal from the
32 not-for-profit agency.
33 No service plan shall compel any child or parent to
34 engage in any activity or refrain from any activity which is
HB0165 Engrossed -62- LRB9000741DJcd
1 not reasonably related to remedying a condition or conditions
2 that gave rise or which could give rise to any finding of
3 child abuse or neglect.
4 (Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 6-6-95;
5 89-507, eff. 7-1-97; revised 2-7-97.)
6 Section 10-20. The Juvenile Court Act of 1987 is amended
7 by changing Sections 1-2, 1-3, 1-5, 1-8, 2-10, 2-10.1, 2-13,
8 2-14, 2-15, 2-16, 2-17, 2-17.1, 2-20, 2-21, 2-22, 2-23, 2-24,
9 2-25, 2-27, 2-28, 2-28.1, 2-29, and 2-31 and by adding
10 Section 2-27.5 as follows:
11 (705 ILCS 405/1-2) (from Ch. 37, par. 801-2)
12 (Text of Section before amendment by P.A. 89-704)
13 Sec. 1-2. Purpose and policy. (1) The purpose of this
14 Act is to secure for each minor subject hereto such care and
15 guidance, preferably in his or her own home, as will serve
16 the moral, emotional, mental, and physical welfare of the
17 minor and the best interests of the community; to preserve
18 and strengthen the minor's family ties whenever possible,
19 removing him or her from the custody of his or her parents
20 only when his or her welfare or safety or the protection of
21 the public cannot be adequately safeguarded without removal;
22 and, when the minor is removed from his or her own family, to
23 secure for him or her custody, care and discipline as nearly
24 as possible equivalent to that which should be given by his
25 or her parents, and in cases where it should and can properly
26 be done to place the minor in a family home so that he or she
27 may become a member of the family by legal adoption or
28 otherwise.
29 (2) In all proceedings under this Act the court may
30 direct the course thereof so as promptly to ascertain the
31 jurisdictional facts and fully to gather information bearing
32 upon the current condition and future welfare of persons
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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 shall be
8 the rights of adults unless specifically precluded by laws
9 which enhance the protection of such minors.
10 (b) Every child has a right to services necessary to his
11 or her proper development, including health, education and
12 social services.
13 (c) The parents' right to the custody of their child
14 shall not prevail when the court determines that it is
15 contrary to the best interests of the child.
16 (4) This Act shall be liberally construed to carry out
17 the foregoing purpose and policy.
18 (Source: P.A. 85-601.)
19 (Text of Section after amendment by P.A. 89-704)
20 Sec. 1-2. Purpose and policy.
21 (1) The purpose of this Act is to secure for each minor
22 subject hereto such care and guidance, preferably in his or
23 her own home, as will serve the safety and moral, emotional,
24 mental, and physical welfare of the minor and the best
25 interests of the community; to preserve and strengthen the
26 minor's family ties whenever possible, removing him or her
27 from the custody of his or her parents only when his or her
28 safety or welfare or safety or the protection of the public
29 cannot be adequately safeguarded without removal; if the
30 child is removed from the custody of his or her parent, the
31 Department of Children and Family Services immediately shall
32 consider concurrent planning, as described in Section 5 of
33 the Children and Family Services Act so that permanency may
34 occur at the earliest opportunity; consideration should be
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1 given so that if reunification fails or is delayed, the
2 placement made is the best available placement to provide
3 permanency for the child; and, when the minor is removed from
4 his or her own family, to secure for him or her custody, care
5 and discipline as nearly as possible equivalent to that which
6 should be given by his or her parents, and in cases where it
7 should and can properly be done to place the minor in a
8 family home so that he or she may become a member of the
9 family by legal adoption or otherwise. Provided that a
10 ground for unfitness under the Adoption Act can be met, it
11 may be appropriate to expedite termination of parental
12 rights:
13 (a) when reasonable efforts are inappropriate, or have
14 been provided and were unsuccessful, and there are
15 aggravating circumstances including, but not limited to,
16 those cases in which (i) a child or a sibling of the child
17 was (A) abandoned, (B) tortured, or (C) chronically abused or
18 (ii) the parent is criminally convicted of (A) first degree
19 murder or second degree murder of any child, (B) attempt or
20 conspiracy to commit first degree murder or second degree
21 murder of any child, (C) solicitation to commit murder,
22 solicitation to commit murder for hire, or solicitation to
23 commit second degree murder of any child, or accountability
24 for the first or second degree murder of any child, or (D)
25 aggravated criminal sexual assault in violation of Section
26 12-14(b)(1) of the Criminal Code of 1961; or
27 (b) when the parental rights of a parent with respect to
28 a sibling of the child have been terminated; or in
29 abandonment cases; or in those extreme cases in which the
30 parent's conduct toward the child or the child's sibling has
31 been so egregious that the behavior justifies termination of
32 parental rights; or
33 (c) in those extreme cases in which the parent's
34 incapacity to care for the child, combined with an extremely
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1 poor prognosis for treatment or rehabilitation, justifies
2 expedited termination of a determination that parental rights
3 should be terminated.
4 (2) In all proceedings under this Act the court may
5 direct the course thereof so as promptly to ascertain the
6 jurisdictional facts and fully to gather information bearing
7 upon the current condition and future welfare of persons
8 subject to this Act. This Act shall be administered in a
9 spirit of humane concern, not only for the rights of the
10 parties, but also for the fears and the limits of
11 understanding of all who appear before the court.
12 (3) In all procedures under this Act, the following
13 shall apply:
14 (a) The procedural rights assured to the minor
15 shall be the rights of adults unless specifically
16 precluded by laws which enhance the protection of such
17 minors.
18 (b) Every child has a right to services necessary
19 to his or her safety and proper development, including
20 health, education and social services.
21 (c) The parents' right to the custody of their
22 child shall not prevail when the court determines that it
23 is contrary to the health, safety, and best interests of
24 the child.
25 (4) This Act shall be liberally construed to carry out
26 the foregoing purpose and policy.
27 (Source: P.A. 89-704, eff. 1-1-98.)
28 (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
29 Sec. 1-3. Definitions. Terms used in this Act, unless
30 the context otherwise requires, have the following meanings
31 ascribed to them:
32 (1) Adjudicatory hearing. "Adjudicatory hearing" means a
33 hearing to determine whether the allegations of a petition
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1 under Section 2-13, 3-15 or 4-12 that a minor under 18 years
2 of age is abused, neglected or dependent, or requires
3 authoritative intervention, or addicted, respectively, are
4 supported by a preponderance of the evidence or whether the
5 allegations of a petition under Section 5-13 that a minor is
6 delinquent are proved beyond a reasonable doubt.
7 (2) Adult. "Adult" means a person 21 years of age or
8 older.
9 (3) Agency. "Agency" means a public or private child
10 care facility legally authorized or licensed by this State
11 for placement or institutional care or for both placement and
12 institutional care.
13 (4) Association. "Association" means any organization,
14 public or private, engaged in welfare functions which include
15 services to or on behalf of children but does not include
16 "agency" as herein defined.
17 (4.05) Best Interests. Whenever a "best interest"
18 determination is required, the following factors shall be
19 considered in the context of the child's age and
20 developmental needs:
21 (a) the physical safety and welfare of the child,
22 including food, shelter, health, and clothing;
23 (b) the development of the child's identity;
24 (c) the child's background and ties, including familial,
25 racial, cultural, and religious;
26 (d) the child's sense of attachments, including:
27 (i) where the child actually feels love,
28 attachment, and a sense of being valued (as opposed to
29 where adults believe the child should feel such love,
30 attachment, and a sense of being valued);
31 (ii) the child's sense of security;
32 (iii) the child's sense of familiarity;
33 (iv) continuity of affection for the child;
34 (v) the least disruptive placement alternative for
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1 the child;
2 (e) the child's wishes and long-term goals;
3 (f) the child's community ties, including church,
4 school, and friends;
5 (g) permanence for the child;
6 (h) the uniqueness of every family and child;
7 (i) the risks attendant to entering and being in
8 substitute care; and
9 (j) the preferences of the persons available to care for
10 the child.
11 (4.1) Chronic truant. "Chronic truant" shall have the
12 definition ascribed to it in Section 26-2a of The School
13 Code.
14 (5) Court. "Court" means the circuit court in a session
15 or division assigned to hear proceedings under this Act.
16 (6) Dispositional hearing. "Dispositional hearing" means
17 a hearing to determine whether a minor should be adjudged to
18 be a ward of the court, and to determine what order of
19 disposition should be made in respect to a minor adjudged to
20 be a ward of the court.
21 (7) Emancipated minor. "Emancipated minor" means any
22 minor 16 years of age or over who has been completely or
23 partially emancipated under the "Emancipation of Mature
24 Minors Act", enacted by the Eighty-First General Assembly, or
25 under this Act.
26 (8) Guardianship of the person. "Guardianship of the
27 person" of a minor means the duty and authority to act in the
28 best interests of the minor, subject to residual parental
29 rights and responsibilities, to make important decisions in
30 matters having a permanent effect on the life and development
31 of the minor and to be concerned with his or her general
32 welfare. It includes but is not necessarily limited to:
33 (a) the authority to consent to marriage, to
34 enlistment in the armed forces of the United States, or
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1 to a major medical, psychiatric, and surgical treatment;
2 to represent the minor in legal actions; and to make
3 other decisions of substantial legal significance
4 concerning the minor;
5 (b) the authority and duty of reasonable
6 visitation, except to the extent that these have been
7 limited in the best interests of the minor by court
8 order;
9 (c) the rights and responsibilities of legal
10 custody except where legal custody has been vested in
11 another person or agency; and
12 (d) the power to consent to the adoption of the
13 minor, but only if expressly conferred on the guardian in
14 accordance with Section 2-29, 3-30, 4-27 or 5-31.
15 (9) Legal custody. "Legal custody" means the
16 relationship created by an order of court in the best
17 interests of the minor which imposes on the custodian the
18 responsibility of physical possession of a minor and the duty
19 to protect, train and discipline him and to provide him with
20 food, shelter, education and ordinary medical care, except as
21 these are limited by residual parental rights and
22 responsibilities and the rights and responsibilities of the
23 guardian of the person, if any.
24 (10) Minor. "Minor" means a person under the age of 21
25 years subject to this Act.
26 (11) Parents. "Parent" means the father or mother of a
27 child and includes any adoptive parent. It also includes the
28 father whose paternity is presumed or has been established
29 under the law of this or another jurisdiction. It does not
30 include a parent whose rights in respect to the minor have
31 been terminated in any manner provided by law.
32 (11.1) "Permanency goal" means a goal set by a service
33 plan or an administrative case review, including, but not
34 limited to, (i) remaining home, (ii) returning home to a
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1 specified parent or guardian, (iii) adoption, (iv) successor
2 guardianship, (v) long-term relative foster care, (vi) other
3 long-term substitute care, when no other goal is appropriate,
4 or (vii) emancipation the court as defined in subdivision
5 (2)(c) of Section 2-28.
6 (11.2) "Permanency review hearing" means a hearing to
7 review and determine (i) the appropriateness of the
8 permanency goal in light of the permanency alternatives, (ii)
9 the appropriateness of the services contained in the plan and
10 whether those services have been provided to achieve the
11 goal, (iii) whether reasonable efforts have been made by all
12 the parties to the service plan to achieve the the
13 appropriateness of the services delivered and to be delivered
14 to effectuate the plan and goal, and (iv) the efforts being
15 made by all the parties to achieve whether the plan and goal
16 have been achieved.
17 (12) Petition. "Petition" means the petition provided
18 for in Section 2-13, 3-15, 4-12 or 5-13, including any
19 supplemental petitions thereunder in Section 3-15, 4-12 or
20 5-13.
21 (13) Residual parental rights and responsibilities.
22 "Residual parental rights and responsibilities" means those
23 rights and responsibilities remaining with the parent after
24 the transfer of legal custody or guardianship of the person,
25 including, but not necessarily limited to, the right to
26 reasonable visitation (which may be limited by the court in
27 the best interests of the minor as provided in subsection
28 (8)(b) of this Section), the right to consent to adoption,
29 the right to determine the minor's religious affiliation, and
30 the responsibility for his support.
31 (14) Shelter. "Shelter" means the temporary care of a
32 minor in physically unrestricting facilities pending court
33 disposition or execution of court order for placement.
34 (15) Station adjustment. "Station adjustment" means the
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1 informal handling of an alleged offender by a juvenile police
2 officer.
3 (16) Ward of the court. "Ward of the court" means a
4 minor who is so adjudged under Section 2-22, 3-23, 4-20 or
5 5-22, after a finding of the requisite jurisdictional facts,
6 and thus is subject to the dispositional powers of the court
7 under this Act.
8 (17) Juvenile police officer. "Juvenile police officer"
9 means a sworn police officer who has completed a Basic
10 Recruit Training Course, has been assigned to the position of
11 juvenile police officer by his or her chief law enforcement
12 officer and has completed the necessary juvenile officers
13 training as prescribed by the Illinois Law Enforcement
14 Training Standards Board, or in the case of a State police
15 officer, juvenile officer training approved by the Director
16 of the Department of State Police.
17 (Source: P.A. 88-7, Sec. 5; 88-7, Sec. 15; 88-487; 88-586,
18 eff. 8-12-94; 88-670, eff. 12-2-94.)
19 (705 ILCS 405/1-5) (from Ch. 37, par. 801-5)
20 Sec. 1-5. Rights of parties to proceedings.
21 (1) Except as provided in this Section and paragraph (2)
22 of Sections 2-22, 3-23, 4-20 or 5-22, the minor who is the
23 subject of the proceeding and his parents, guardian, legal
24 custodian or responsible relative who are parties respondent
25 have the right to be present, to be heard, to present
26 evidence material to the proceedings, to cross-examine
27 witnesses, to examine pertinent court files and records and
28 also, although proceedings under this Act are not intended to
29 be adversary in character, the right to be represented by
30 counsel. At the request of any party financially unable to
31 employ counsel, with the exception of a foster parent
32 permitted to intervene under this Section, the court shall
33 appoint the Public Defender or such other counsel as the case
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1 may require. Counsel appointed for the minor and any indigent
2 party shall appear at all stages of the trial court
3 proceeding, including permanency hearings and termination of
4 parental rights proceedings.
5 No hearing on any petition or motion filed under this Act
6 may be commenced unless the minor who is the subject of the
7 proceeding is represented by counsel. Each adult respondent
8 shall be furnished a written "Notice of Rights" at or before
9 the first hearing at which he or she appears.
10 (2) (a) Though not appointed guardian or legal custodian
11 or otherwise made a party to the proceeding, any current or
12 previously appointed foster parent or representative of an
13 agency or association interested in the minor has the right
14 to be heard by the court, but does not thereby become a party
15 to the proceeding.
16 In addition to the foregoing right to be heard by the
17 court, any current foster parent of a minor and the agency
18 designated by the court or the Department of Children and
19 Family Services as custodian of the minor who has been
20 adjudicated an abused or neglected minor under Section 2-3 or
21 a dependent minor under Section 2-4 of this Act has the right
22 to and shall be given adequate notice at all stages of any
23 hearing or proceeding under this Act wherein the custody or
24 status of the minor may be changed. Such notice shall
25 contain a statement regarding the nature and denomination of
26 the hearing or proceeding to be held, the change in custody
27 or status of the minor sought to be obtained at such hearing
28 or proceeding, and the date, time and place of such hearing
29 or proceeding. The Department of Children and Family
30 Services or the licensed child welfare agency that has placed
31 the minor with the foster parent shall notify the clerk of
32 the court of the name and address of the current foster
33 parent. The clerk shall mail the notice by certified mail
34 marked for delivery to addressee only. The regular return
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1 receipt for certified mail is sufficient proof of service.
2 Any foster parent who is denied his or her right to be
3 heard under this Section may bring a mandamus action under
4 Article XIV of the Code of Civil Procedure against the court
5 or any public agency to enforce that right. The mandamus
6 action may be brought immediately upon the denial of those
7 rights but in no event later than 30 days after the foster
8 parent has been denied the right to be heard.
9 (b) If after an adjudication that a minor is abused or
10 neglected as provided under Section 2-21 of this Act and a
11 motion an application has been made to restore the minor to
12 any parent, guardian, or legal custodian found by the court
13 to have caused the neglect or to have inflicted the abuse on
14 the minor, a foster parent may file a motion petition the
15 court to intervene in the proceeding for the sole purpose of
16 requesting that the minor be placed with the foster parent,
17 provided that the foster parent (i) is the current foster
18 parent of the minor or (ii) has previously been a foster
19 parent for the minor for one year or more, has a foster care
20 license or is eligible for a license, and is not the subject
21 of any findings of abuse or neglect of any child. The
22 juvenile court may only enter orders placing a minor with a
23 specific foster parent under this subsection (2)(b) and
24 nothing in this Section shall be construed to confer any
25 jurisdiction or authority on the juvenile court to issue any
26 other orders requiring the appointed guardian or custodian of
27 a minor to place the minor in a designated foster home or
28 facility. This Section is not intended to encompass any
29 matters that are within the scope or determinable under the
30 administrative and appeal process established by rules of the
31 Department of Children and Family Services under Section 5(o)
32 of the Children and Family Services Act. Nothing in this
33 Section shall relieve the court of its responsibility, under
34 Section 2-14(a) of this Act to act in a just and speedy
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1 manner to reunify families where it is the best interests of
2 the minor and the child can be cared for at home without
3 endangering the child's health or safety and, if
4 reunification is not in the best interests of the minor, to
5 find another permanent home for the minor. Nothing in this
6 Section, or in any order issued by the court with respect to
7 the placement of a minor with a foster parent, shall impair
8 the ability of the Department of Children and Family
9 Services, or anyone else authorized under Section 5 of the
10 Abused and Neglected Child Reporting Act, to remove a minor
11 from the home of a foster parent if the Department of
12 Children and Family Services or the person removing the minor
13 has reason to believe that the circumstances or conditions of
14 the minor are such that continuing in the residence or care
15 of the foster parent will jeopardize the child's health and
16 safety or present an imminent risk of harm to that minor's
17 life or health.
18 (c) If a foster parent has had the minor who is the
19 subject of the proceeding under Article II in his or her home
20 for more than one year on or after July 3, 1994 and if the
21 minor's placement is being terminated from that foster
22 parent's home, that foster parent shall have standing and
23 intervenor status except in those circumstances where the
24 Department of Children and Family Services or anyone else
25 authorized under Section 5 of the Abused and Neglected Child
26 Reporting Act has removed the minor from the foster parent
27 because of a reasonable belief that the circumstances or
28 conditions of the minor are such that continuing in the
29 residence or care of the foster parent will jeopardize the
30 child's health or safety or presents an imminent risk of harm
31 to the minor's life or health.
32 (d) The court may grant standing to any foster parent if
33 the court finds that it is in the best interest of the child
34 for the foster parent to have standing and intervenor status.
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1 (3) Parties respondent are entitled to notice in
2 compliance with Sections 2-15 and 2-16, 3-17 and 3-18, 4-14
3 and 4-15 or 5-15 and 5-16, as appropriate. At the first
4 appearance before the court by the minor, his parents,
5 guardian, custodian or responsible relative, the court shall
6 explain the nature of the proceedings and inform the parties
7 of their rights under the first 2 paragraphs of this Section.
8 If the child is alleged to be abused, neglected or
9 dependent, the court shall admonish the parents that if the
10 court declares the child to be a ward of the court and awards
11 custody or guardianship to the Department of Children and
12 Family Services, the parents must cooperate with the
13 Department of Children and Family Services, comply with the
14 terms of the service plans, and correct the conditions that
15 require the child to be in care, or risk termination of their
16 parental rights.
17 Upon an adjudication of wardship of the court under
18 Sections 2-22, 3-23, 4-20 or 5-22, the court shall inform the
19 parties of their right to appeal therefrom as well as from
20 any other final judgment of the court.
21 When the court finds that a child is an abused,
22 neglected, or dependent minor under Section 2-21, the court
23 shall admonish the parents that the parents must cooperate
24 with the Department of Children and Family Services, comply
25 with the terms of the service plans, and correct the
26 conditions that require the child to be in care, or risk
27 termination of their parental rights.
28 When the court declares a child to be a ward of the court
29 and awards guardianship to the Department of Children and
30 Family Services under Section 2-22, the court shall admonish
31 the parents, guardian, custodian, or responsible relative
32 that the parents must cooperate with the Department of
33 Children and Family Services, comply with the terms of the
34 service plans, and correct the conditions that require the
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1 child to be in care, or risk termination of their parental
2 rights.
3 (4) No sanction may be applied against the minor who is
4 the subject of the proceedings by reason of his refusal or
5 failure to testify in the course of any hearing held prior to
6 final adjudication under Section 2-22, 3-23, 4-20 or 5-22.
7 (5) In the discretion of the court, the minor may be
8 excluded from any part or parts of a dispositional hearing
9 and, with the consent of the parent or parents, guardian,
10 counsel or a guardian ad litem, from any part or parts of an
11 adjudicatory hearing.
12 (6) The general public except for the news media and the
13 victim shall be excluded from any hearing and, except for the
14 persons specified in this Section only persons, including
15 representatives of agencies and associations, who in the
16 opinion of the court have a direct interest in the case or in
17 the work of the court shall be admitted to the hearing.
18 However, the court may, for the minor's safety and protection
19 and for good cause shown, prohibit any person or agency
20 present in court from further disclosing the minor's
21 identity.
22 (Source: P.A. 87-759; 88-7; 88-549, eff. 7-3-94; 88-550, eff.
23 7-3-94; 88-691, eff. 1-24-95; 89-235, eff. 8-4-95.)
24 (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
25 Sec. 1-8. Confidentiality and accessibility of juvenile
26 court records.
27 (A) Inspection and copying of juvenile court records
28 relating to a minor who is the subject of a proceeding under
29 this Act shall be restricted to the following:
30 (1) The minor who is the subject of record, his
31 parents, guardian and counsel.
32 (2) Law enforcement officers and law enforcement
33 agencies when such information is essential to executing
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1 an arrest or search warrant or other compulsory process,
2 or to conducting an ongoing investigation or relating to
3 a minor who has been adjudicated delinquent and there has
4 been a previous finding that the act which constitutes
5 the previous offense was committed in furtherance of
6 criminal activities by a criminal street gang.
7 Before July 1, 1994, for the purposes of this
8 Section, "criminal street gang" means any ongoing
9 organization, association, or group of 3 or more persons,
10 whether formal or informal, having as one of its primary
11 activities the commission of one or more criminal acts
12 and that has a common name or common identifying sign,
13 symbol or specific color apparel displayed, and whose
14 members individually or collectively engage in or have
15 engaged in a pattern of criminal activity.
16 Beginning July 1, 1994, for purposes of this
17 Section, "criminal street gang" has the meaning ascribed
18 to it in Section 10 of the Illinois Streetgang Terrorism
19 Omnibus Prevention Act.
20 (3) Judges, hearing officers, prosecutors,
21 probation officers, social workers or other individuals
22 assigned by the court to conduct a pre-adjudication or
23 predisposition investigation, and individuals responsible
24 for supervising or providing temporary or permanent care
25 and custody for minors pursuant to the order of the
26 juvenile court when essential to performing their
27 responsibilities.
28 (4) Judges, prosecutors and probation officers:
29 (a) in the course of a trial when institution
30 of criminal proceedings has been permitted under
31 Section 5-4 or required under Section 5-4; or
32 (b) when criminal proceedings have been
33 permitted under Section 5-4 or required under
34 Section 5-4 and a minor is the subject of a
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1 proceeding to determine the amount of bail; or
2 (c) when criminal proceedings have been
3 permitted under Section 5-4 or required under
4 Section 5-4 and a minor is the subject of a
5 pre-trial investigation, pre-sentence investigation
6 or fitness hearing, or proceedings on an application
7 for probation; or
8 (d) when a minor becomes 17 years of age or
9 older, and is the subject of criminal proceedings,
10 including a hearing to determine the amount of bail,
11 a pre-trial investigation, a pre-sentence
12 investigation, a fitness hearing, or proceedings on
13 an application for probation.
14 (5) Adult and Juvenile Prisoner Review Boards.
15 (6) Authorized military personnel.
16 (7) Victims, their subrogees and legal
17 representatives; however, such persons shall have access
18 only to the name and address of the minor and information
19 pertaining to the disposition or alternative adjustment
20 plan of the juvenile court.
21 (8) Persons engaged in bona fide research, with the
22 permission of the presiding judge of the juvenile court
23 and the chief executive of the agency that prepared the
24 particular records; provided that publication of such
25 research results in no disclosure of a minor's identity
26 and protects the confidentiality of the record.
27 (9) The Secretary of State to whom the Clerk of the
28 Court shall report the disposition of all cases, as
29 required in Section 6-204 of The Illinois Vehicle Code.
30 However, information reported relative to these offenses
31 shall be privileged and available only to the Secretary
32 of State, courts, and police officers.
33 (10) The administrator of a bonafide substance
34 abuse student assistance program with the permission of
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1 the presiding judge of the juvenile court.
2 (B) A minor who is the victim in a juvenile proceeding
3 shall be provided the same confidentiality regarding
4 disclosure of identity as the minor who is the subject of
5 record.
6 (C) Except as otherwise provided in this subsection (C),
7 juvenile court records shall not be made available to the
8 general public but may be inspected by representatives of
9 agencies, associations and news media or other properly
10 interested persons by general or special order of the court.
11 The State's Attorney, the minor, his parents, guardian and
12 counsel shall at all times have the right to examine court
13 files and records.
14 (1) The court shall allow the general public to
15 have access to the name, address, and offense of a minor
16 who is adjudicated a delinquent minor under this Act
17 under either of the following circumstances:
18 (A) The adjudication of delinquency was based
19 upon the minor's commission of first degree murder,
20 attempt to commit first degree murder, aggravated
21 criminal sexual assault, or criminal sexual assault;
22 or
23 (B) The court has made a finding that the
24 minor was at least 13 years of age at the time the
25 act was committed and the adjudication of
26 delinquency was based upon the minor's commission
27 of: (i) an act in furtherance of the commission of a
28 felony as a member of or on behalf of a criminal
29 street gang, (ii) an act involving the use of a
30 firearm in the commission of a felony, (iii) an act
31 that would be a Class X felony offense under or the
32 minor's second or subsequent Class 2 or greater
33 felony offense under the Cannabis Control Act if
34 committed by an adult, (iv) an act that would be a
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1 second or subsequent offense under Section 402 of
2 the Illinois Controlled Substances Act if committed
3 by an adult, or (v) an act that would be an offense
4 under Section 401 of the Illinois Controlled
5 Substances Act if committed by an adult.
6 (2) The court shall allow the general public to
7 have access to the name, address, and offense of a minor
8 who is at least 13 years of age at the time the offense
9 is committed and who is convicted, in criminal
10 proceedings permitted or required under Section 5-4,
11 under either of the following circumstances:
12 (A) The minor has been convicted of first
13 degree murder, attempt to commit first degree
14 murder, aggravated criminal sexual assault, or
15 criminal sexual assault,
16 (B) The court has made a finding that the
17 minor was at least 13 years of age at the time the
18 offense was committed and the conviction was based
19 upon the minor's commission of: (i) an offense in
20 furtherance of the commission of a felony as a
21 member of or on behalf of a criminal street gang,
22 (ii) an offense involving the use of a firearm in
23 the commission of a felony, (iii) a Class X felony
24 offense under or a second or subsequent Class 2 or
25 greater felony offense under the Cannabis Control
26 Act, (iv) a second or subsequent offense under
27 Section 402 of the Illinois Controlled Substances
28 Act, or (v) an offense under Section 401 of the
29 Illinois Controlled Substances Act.
30 (D) Pending or following any adjudication of delinquency
31 for any offense defined in Sections 12-13 through 12-16 of
32 the Criminal Code of 1961, the victim of any such offense
33 shall receive the rights set out in Sections 4 and 6 of the
34 Bill of Rights for Victims and Witnesses of Violent Crime
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1 Act; and the juvenile who is the subject of the adjudication,
2 notwithstanding any other provision of this Act, shall be
3 treated as an adult for the purpose of affording such rights
4 to the victim.
5 (E) Nothing in this Section shall affect the right of a
6 Civil Service Commission or appointing authority examining
7 the character and fitness of an applicant for a position as a
8 law enforcement officer to ascertain whether that applicant
9 was ever adjudicated to be a delinquent minor and, if so, to
10 examine the records of disposition or evidence which were
11 made in proceedings under this Act.
12 (F) Following any adjudication of delinquency for a
13 crime which would be a felony if committed by an adult, or
14 following any adjudication of delinquency for a violation of
15 Section 24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of
16 1961, the State's Attorney shall ascertain whether the minor
17 respondent is enrolled in school and, if so, shall provide a
18 copy of the dispositional order to the principal or chief
19 administrative officer of the school. Access to such
20 juvenile records shall be limited to the principal or chief
21 administrative officer of the school and any guidance
22 counselor designated by him.
23 (G) Nothing contained in this Act prevents the sharing
24 or disclosure of information or records relating or
25 pertaining to juveniles subject to the provisions of the
26 Serious Habitual Offender Comprehensive Action Program when
27 that information is used to assist in the early
28 identification and treatment of habitual juvenile offenders.
29 (H) When a Court hearing a proceeding under Article II
30 of this Act becomes aware that an earlier proceeding under
31 Article II had been heard in a different county, that Court
32 shall request, and the Court in which the earlier proceedings
33 were initiated shall transmit, an authenticated copy of the
34 Court record, including all documents, petitions, and orders
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1 filed therein and the minute orders, transcript of
2 proceedings, and docket entries of the Court.
3 (I) The Clerk of the Circuit Court shall report to the
4 Department of State Police, in the form and manner required
5 by the Department of State Police, the final disposition of
6 each minor who has been arrested or taken into custody before
7 his or her 17th birthday for those offenses required to be
8 reported under Section 5 of the Criminal Identification Act.
9 Information reported to the Department under this Section may
10 be maintained with records that the Department files under
11 Section 2.1 of the Criminal Identification Act.
12 (Source: P.A. 88-45; 88-51; 88-344; 88-467; 88-548, eff.
13 1-1-95; 88-550, eff. 7-3-94; 88-614, eff. 9-7-94; 88-670,
14 eff. 12-2-94; 89-198, eff. 7-21-95; 89-235, eff. 8-4-95;
15 89-377, eff. 8-18-95; 89-626, eff. 8-9-96.)
16 (705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
17 Sec. 2-10. Temporary custody hearing. At the appearance
18 of the minor before the court at the temporary custody
19 hearing, all witnesses present shall be examined before the
20 court in relation to any matter connected with the
21 allegations made in the petition.
22 (1) If the court finds that there is not probable cause
23 to believe that the minor is abused, neglected or dependent
24 it shall release the minor and dismiss the petition.
25 (2) If the court finds that there is probable cause to
26 believe that the minor is abused, neglected or dependent, the
27 court shall state in writing the factual basis supporting its
28 finding and the minor, his or her parent, guardian, custodian
29 and other persons able to give relevant testimony shall be
30 examined before the court. The Department of Children and
31 Family Services shall give testimony concerning indicated
32 reports of abuse and neglect, of which they are aware of
33 through the central registry, involving the minor's parent,
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1 guardian or custodian. After such testimony, the court may,
2 consistent with if it is in the health, safety and best
3 interests of the minor, enter an order that the minor shall
4 be released upon the request of parent, guardian or custodian
5 if the parent, guardian or custodian appears to take custody.
6 Custodian shall include any agency of the State which has
7 been given custody or wardship of the child. If it is
8 consistent with in the health, safety and best interests of
9 the minor, the court may also prescribe shelter care and
10 order that the minor be kept in a suitable place designated
11 by the court or in a shelter care facility designated by the
12 Department of Children and Family Services or a licensed
13 child welfare agency; however, a minor charged with a
14 criminal offense under the Criminal Code of 1961 or
15 adjudicated delinquent shall not be placed in the custody of
16 or committed to the Department of Children and Family
17 Services by any court, except a minor less than 13 years of
18 age and committed to the Department of Children and Family
19 Services under Section 5-23 of this Act or a minor for whom
20 an independent basis of abuse, neglect, or dependency exists,
21 which must be defined by departmental rule. In placing the
22 minor, the Department or other agency shall, to the extent
23 compatible with the court's order, comply with Section 7 of
24 the Children and Family Services Act. In determining that it
25 is in the health, safety and best interests of the minor to
26 prescribe shelter care, the court must find that it is a
27 matter of immediate and urgent necessity for the safety and
28 protection of the minor or of the person or property of
29 another that the minor be placed in a shelter care facility
30 or that he or she is likely to flee the jurisdiction of the
31 court, and must further find that reasonable efforts have
32 been made or that, consistent with the health, safety and in
33 the best interests of the minor, no efforts reasonably can be
34 made to prevent or eliminate the necessity of removal of the
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1 minor from his or her home. The court shall require
2 documentation from the Department of Children and Family
3 Services as to the reasonable efforts that were made to
4 prevent or eliminate the necessity of removal of the minor
5 from his or her home or the reasons why no efforts reasonably
6 could be made to prevent or eliminate the necessity of
7 removal. When a minor is placed in the home of a relative,
8 the Department of Children and Family Services shall complete
9 a preliminary background review of the members of the minor's
10 custodian's household in accordance with Section 4.3 of the
11 Child Care Act of 1969 within 90 days of that placement. If
12 the minor is ordered placed in a shelter care facility of the
13 Department of Children and Family Services or a licensed
14 child welfare agency, the court shall, upon request of the
15 appropriate Department or other agency, appoint the
16 Department of Children and Family Services Guardianship
17 Administrator or other appropriate agency executive temporary
18 custodian of the minor and the court may enter such other
19 orders related to the temporary custody as it deems fit and
20 proper, including the provision of services to the minor or
21 his family to ameliorate the causes contributing to the
22 finding of probable cause or to the finding of the existence
23 of immediate and urgent necessity. Acceptance of services
24 shall not be considered an admission of any allegation in a
25 petition made pursuant to this Act, nor may a referral of
26 services be considered as evidence in any proceeding pursuant
27 to this Act, except where the issue is whether the Department
28 has made reasonable efforts to reunite the family. In making
29 its findings that it is consistent with in the health, safety
30 and best interests of the minor to prescribe shelter care,
31 the court shall state in writing (i) the factual basis
32 supporting its findings concerning the immediate and urgent
33 necessity for the protection of the minor or of the person or
34 property of another and (ii) the factual basis supporting its
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1 findings that reasonable efforts were made to prevent or
2 eliminate the removal of the minor from his or her home or
3 that no efforts reasonably could be made to prevent or
4 eliminate the removal of the minor from his or her home. The
5 parents, guardian, custodian, temporary custodian and minor
6 shall each be furnished a copy of such written findings. The
7 temporary custodian shall maintain a copy of the court order
8 and written findings in the case record for the child. The
9 order together with the court's findings of fact in support
10 thereof shall be entered of record in the court.
11 Once the court finds that it is a matter of immediate and
12 urgent necessity for the protection of the minor that the
13 minor be placed in a shelter care facility, the minor shall
14 not be returned to the parent, custodian or guardian until
15 the court finds that such placement is no longer necessary
16 for the protection of the minor.
17 If the child is placed in the temporary custody of the
18 Department of Children and Family Services for his or her
19 protection, the court shall admonish the parents, guardian,
20 custodian or responsible relative that the parents must
21 cooperate with the Department of Children and Family
22 Services, comply with the terms of the service plans, and
23 correct the conditions which require the child to be in care,
24 or risk termination of their parental rights.
25 (3) If prior to the shelter care hearing for a minor
26 described in Sections 2-3, 2-4, 3-3 and 4-3 the moving party
27 is unable to serve notice on the party respondent, the
28 shelter care hearing may proceed ex-parte. A shelter care
29 order from an ex-parte hearing shall be endorsed with the
30 date and hour of issuance and shall be filed with the clerk's
31 office and entered of record. The order shall expire after 10
32 days from the time it is issued unless before its expiration
33 it is renewed, at a hearing upon appearance of the party
34 respondent, or upon an affidavit of the moving party as to
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1 all diligent efforts to notify the party respondent by notice
2 as herein prescribed. The notice prescribed shall be in
3 writing and shall be personally delivered to the minor or the
4 minor's attorney and to the last known address of the other
5 person or persons entitled to notice. The notice shall also
6 state the nature of the allegations, the nature of the order
7 sought by the State, including whether temporary custody is
8 sought, and the consequences of failure to appear and shall
9 contain a notice that the parties will not be entitled to
10 further written notices or publication notices of proceedings
11 in this case, including the filing of an amended petition or
12 a motion to terminate parental rights; and shall explain the
13 right of the parties and the procedures to vacate or modify a
14 shelter care order as provided in this Section. The notice
15 for a shelter care hearing shall be substantially as follows:
16 NOTICE TO PARENTS AND CHILDREN
17 OF SHELTER CARE HEARING
18 On ................ at ........., before the
19 Honorable ................, (address:) .................,
20 the State of Illinois will present evidence (1) that
21 (name of child or children) ....................... are
22 abused, neglected or dependent for the following reasons:
23 .............................................. and (2)
24 that there is "immediate and urgent necessity" to remove
25 the child or children from the responsible relative.
26 YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
27 PLACEMENT of the child or children in foster care until a
28 trial can be held. A trial may not be held for up to 90
29 days. You will not be entitled to further notices of
30 proceedings in this case, including the filing of an
31 amended petition or a motion to terminate parental
32 rights.
33 At the shelter care hearing, parents have the
34 following rights:
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1 1. To ask the court to appoint a lawyer if
2 they cannot afford one.
3 2. To ask the court to continue the hearing to
4 allow them time to prepare.
5 3. To present evidence concerning:
6 a. Whether or not the child or children
7 were abused, neglected or dependent.
8 b. Whether or not there is "immediate and
9 urgent necessity" to remove the child from home
10 (including: their ability to care for the
11 child, conditions in the home, alternative
12 means of protecting the child other than
13 removal).
14 c. The best interests of the child.
15 4. To cross examine the State's witnesses.
16 The Notice for rehearings shall be substantially as
17 follows:
18 NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
19 TO REHEARING ON TEMPORARY CUSTODY
20 If you were not present at and did not have adequate
21 notice of the Shelter Care Hearing at which temporary
22 custody of ............... was awarded to
23 ................, you have the right to request a full
24 rehearing on whether the State should have temporary
25 custody of ................. To request this rehearing,
26 you must file with the Clerk of the Juvenile Court
27 (address): ........................, in person or by
28 mailing a statement (affidavit) setting forth the
29 following:
30 1. That you were not present at the shelter
31 care hearing.
32 2. That you did not get adequate notice
33 (explaining how the notice was inadequate).
34 3. Your signature.
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1 4. Signature must be notarized.
2 The rehearing should be scheduled within one day of
3 your filing this affidavit.
4 At the rehearing, your rights are the same as at the
5 initial shelter care hearing. The enclosed notice
6 explains those rights.
7 At the Shelter Care Hearing, children have the
8 following rights:
9 1. To have a guardian ad litem appointed.
10 2. To be declared competent as a witness and
11 to present testimony concerning:
12 a. Whether they are abused, neglected or
13 dependent.
14 b. Whether there is "immediate and urgent
15 necessity" to be removed from home.
16 c. Their best interests.
17 3. To cross examine witnesses for other
18 parties.
19 4. To obtain an explanation of any proceedings
20 and orders of the court.
21 (4) If the parent, guardian, legal custodian,
22 responsible relative, minor age 8 or over, or counsel of the
23 minor did not have actual notice of or was not present at the
24 shelter care hearing, he or she may file an affidavit setting
25 forth these facts, and the clerk shall set the matter for
26 rehearing not later than 48 hours, excluding Sundays and
27 legal holidays, after the filing of the affidavit. At the
28 rehearing, the court shall proceed in the same manner as upon
29 the original hearing.
30 (5) Only when there is reasonable cause to believe that
31 the minor taken into custody is a person described in Section
32 5-3 may the minor be kept or detained in a detention home or
33 county or municipal jail. This Section shall in no way be
34 construed to limit subsection (6).
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1 (6) No minor under 16 years of age may be confined in a
2 jail or place ordinarily used for the confinement of
3 prisoners in a police station. Minors under 17 years of age
4 must be kept separate from confined adults and may not at any
5 time be kept in the same cell, room, or yard with adults
6 confined pursuant to the criminal law.
7 (7) If the minor is not brought before a judicial
8 officer within the time period as specified in Section 2-9,
9 the minor must immediately be released from custody.
10 (8) If neither the parent, guardian or custodian appears
11 within 24 hours to take custody of a minor released upon
12 request pursuant to subsection (2) of this Section, then the
13 clerk of the court shall set the matter for rehearing not
14 later than 7 days after the original order and shall issue a
15 summons directed to the parent, guardian or custodian to
16 appear. At the same time the probation department shall
17 prepare a report on the minor. If a parent, guardian or
18 custodian does not appear at such rehearing, the judge may
19 enter an order prescribing that the minor be kept in a
20 suitable place designated by the Department of Children and
21 Family Services or a licensed child welfare agency.
22 (9) Notwithstanding any other provision of this Section
23 any interested party, including the State, the temporary
24 custodian, an agency providing services to the minor or
25 family under a service plan pursuant to Section 8.2 of the
26 Abused and Neglected Child Reporting Act, foster parent, or
27 any of their representatives, on notice to all parties
28 entitled to notice, may file a motion that it is in the best
29 interests of the minor to modify or vacate a temporary
30 custody order on any of the following grounds:
31 (a) It is no longer a matter of immediate and
32 urgent necessity that the minor remain in shelter care;
33 or
34 (b) There is a material change in the circumstances
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1 of the natural family from which the minor was removed
2 and the child can be cared for at home without
3 endangering the child's health or safety; or
4 (c) A person not a party to the alleged abuse,
5 neglect or dependency, including a parent, relative or
6 legal guardian, is capable of assuming temporary custody
7 of the minor; or
8 (d) Services provided by the Department of Children
9 and Family Services or a child welfare agency or other
10 service provider have been successful in eliminating the
11 need for temporary custody and the child can be cared for
12 at home without endangering the child's health or safety.
13 In ruling on the motion, the court shall determine
14 whether it is consistent with in the health, safety and best
15 interests of the minor to modify or vacate a temporary
16 custody order.
17 The clerk shall set the matter for hearing not later than
18 14 days after such motion is filed. In the event that the
19 court modifies or vacates a temporary custody order but does
20 not vacate its finding of probable cause, the court may order
21 that appropriate services be continued or initiated in behalf
22 of the minor and his or her family.
23 (10) When the court finds or has found that there is
24 probable cause to believe a minor is an abused minor as
25 described in subsection (2) of Section 2-3 and that there is
26 an immediate and urgent necessity for the abused minor to be
27 placed in shelter care, immediate and urgent necessity shall
28 be presumed for any other minor residing in the same
29 household as the abused minor provided:
30 (a) Such other minor is the subject of an abuse or
31 neglect petition pending before the court; and
32 (b) A party to the petition is seeking shelter care
33 for such other minor.
34 Once the presumption of immediate and urgent necessity
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1 has been raised, the burden of demonstrating the lack of
2 immediate and urgent necessity shall be on any party that is
3 opposing shelter care for the other minor.
4 (Source: P.A. 88-7; 88-491; 88-614, eff. 9-7-94; 88-670, eff.
5 12-2-94; 89-21, eff. 7-1-95; 89-422; 89-582, eff. 1-1-97;
6 89-626, eff. 8-9-96.)
7 (705 ILCS 405/2-10.1) (from Ch. 37, par. 802-10.1)
8 Sec. 2-10.1. Whenever a minor is placed in shelter care
9 with the Department or a licensed child welfare agency in
10 accordance with Section 2-10, the Department or agency, as
11 appropriate, shall prepare and file with the court within 45
12 days of placement under Section 2-10 a case plan which
13 complies with the federal Adoption Assistance and Child
14 Welfare Act of 1980 and is consistent with in the health,
15 safety and best interests of the minor.
16 (Source: P.A. 88-487.)
17 (705 ILCS 405/2-13) (from Ch. 37, par. 802-13)
18 (Text of Section before amendment by P.A. 89-704)
19 Sec. 2-13. Petition; supplemental petitions.
20 (1) Any adult person, any agency or association by its
21 representative may file, or the court on its own motion in
22 the best interests of the minor may direct the filing through
23 the State's Attorney of a petition in respect of a minor
24 under this Act. The petition and all subsequent court
25 documents shall be entitled "In the interest of ...., a
26 minor".
27 (2) The petition shall be verified but the statements
28 may be made upon information and belief. It shall allege that
29 the minor is abused, neglected, or dependent, with citations
30 to the appropriate provisions of this Act, and set forth (a)
31 facts sufficient to bring the minor under Section 2-3 or 2-4
32 and to inform respondents of the cause of action, including,
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1 but not limited to, a plain and concise statement of the
2 factual allegations that form the basis for the filing of the
3 petition; (b) the name, age and residence of the minor; (c)
4 the names and residences of his parents; (d) the name and
5 residence of his legal guardian or the person or persons
6 having custody or control of the minor, or of the nearest
7 known relative if no parent or guardian can be found; and (e)
8 if the minor upon whose behalf the petition is brought is
9 sheltered in custody, the date on which such temporary
10 custody was ordered by the court or the date set for a
11 temporary custody hearing. If any of the facts herein
12 required are not known by the petitioner, the petition shall
13 so state.
14 (3) The petition must allege that it is in the best
15 interests of the minor and of the public that he be adjudged
16 a ward of the court and may pray generally for relief
17 available under this Act. The petition need not specify any
18 proposed disposition following adjudication of wardship.
19 (4) If appointment of a guardian of the person with
20 power to consent to adoption of the minor under Section 2-29
21 is sought, the petition shall so state.
22 (5) At any time before dismissal of the petition or
23 before final closing and discharge under Section 2-31, one or
24 more supplemental petitions in the best interests of the
25 minor may be filed in respect of the same minor. The
26 supplemental petition shall specify sufficient facts in
27 support of the relief requested. The court shall liberally
28 allow the petitioner to amend the petition to set forth a
29 cause of action or to add, amend, or supplement factual
30 allegations that form the basis for a cause of action up
31 until 14 days before the adjudicatory hearing. The
32 petitioner may amend the petition after that date and prior
33 to the adjudicatory hearing if the court grants leave to
34 amend upon a showing of good cause. The court may allow
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1 amendment of the petition to conform with the evidence at any
2 time prior to ruling. In all cases in which the court has
3 granted leave to amend based on new evidence or new
4 allegations, the court shall permit the respondent an
5 adequate opportunity to prepare a defense to the amended
6 petition.
7 (Source: P.A. 88-7; 88-614, eff. 9-7-94.)
8 (Text of Section after amendment by P.A. 89-704)
9 Sec. 2-13. Petition; supplemental petitions.
10 (1) Any adult person, any agency or association by its
11 representative may file, or the court on its own motion,
12 consistent with in the health, safety and best interests of
13 the minor may direct the filing through the State's Attorney
14 of a petition in respect of a minor under this Act. The
15 petition and all subsequent court documents shall be entitled
16 "In the interest of ...., a minor".
17 (2) The petition shall be verified but the statements
18 may be made upon information and belief. It shall allege that
19 the minor is abused, neglected, or dependent, with citations
20 to the appropriate provisions of this Act, and set forth (a)
21 facts sufficient to bring the minor under Section 2-3 or 2-4
22 and to inform respondents of the cause of action, including,
23 but not limited to, a plain and concise statement of the
24 factual allegations that form the basis for the filing of the
25 petition; (b) the name, age and residence of the minor; (c)
26 the names and residences of his parents; (d) the name and
27 residence of his legal guardian or the person or persons
28 having custody or control of the minor, or of the nearest
29 known relative if no parent or guardian can be found; and (e)
30 if the minor upon whose behalf the petition is brought is
31 sheltered in custody, the date on which such temporary
32 custody was ordered by the court or the date set for a
33 temporary custody hearing. If any of the facts herein
34 required are not known by the petitioner, the petition shall
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1 so state.
2 (3) The petition must allege that it is in the best
3 interests of the minor and of the public that he be adjudged
4 a ward of the court and may pray generally for relief
5 available under this Act. The petition need not specify any
6 proposed disposition following adjudication of wardship.
7 (4) If termination of parental rights and appointment of
8 a guardian of the person with power to consent to adoption of
9 the minor under Section 2-29 is sought, the petition shall so
10 state. If the petition includes this request, the prayer for
11 relief shall clearly and obviously state that the parents
12 could permanently lose their rights as a parent at this
13 hearing.
14 In addition to the foregoing, the petitioner, by motion,
15 may request the termination of parental rights and
16 appointment of a guardian of the person with power to consent
17 to adoption of the minor under Section 2-29 at any time after
18 the entry of a dispositional order under Section 2-22.
19 (5) At any time before dismissal of the petition or
20 before final closing and discharge under Section 2-31, one or
21 more supplemental petitions in the best interests of the
22 minor may be filed in respect of the same minor. The
23 supplemental petition shall specify sufficient facts in
24 support of the relief requested. The court shall liberally
25 allow the petitioner to amend the petition to set forth a
26 cause of action or to add, amend, or supplement factual
27 allegations that form the basis for a cause of action up
28 until 14 days before the adjudicatory hearing. The
29 petitioner may amend the petition after that date and prior
30 to the adjudicatory hearing if the court grants leave to
31 amend upon a showing of good cause. The court may allow
32 amendment of the petition to conform with the evidence at any
33 time prior to ruling. In all cases in which the court has
34 granted leave to amend based on new evidence or new
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1 allegations, the court shall permit the respondent an
2 adequate opportunity to prepare a defense to the amended
3 petition.
4 (6) At any time before dismissal of the petition or
5 before final closing and discharge under Section 2-31, one or
6 more motions in the best interests of the minor may be filed.
7 The motion shall specify sufficient facts in support of the
8 relief requested.
9 (Source: P.A. 88-7; 88-614, eff. 9-7-94; 89-704, eff.
10 1-1-98.)
11 (705 ILCS 405/2-14) (from Ch. 37, par. 802-14)
12 Sec. 2-14. Date for Adjudicatory Hearing.
13 (a) Purpose and policy. The legislature recognizes that
14 serious delay in the adjudication of abuse, neglect, or
15 dependency cases can cause grave harm to the minor and the
16 family and that it frustrates the health, safety and best
17 interests of the minor and the effort to establish permanent
18 homes for children in need. The purpose of this Section is
19 to insure that, consistent with the federal Adoption
20 Assistance and Child Welfare Act of 1980, Public Law 96-272,
21 as amended, and the intent of this Act, the State of Illinois
22 will act in a just and speedy manner to determine the best
23 interests of the minor, including providing for the safety of
24 the minor, identifying families in need, reunifying families
25 where the minor can be cared for at home without endangering
26 the minor's health or safety and it is in the best interests
27 of the minor, and, if reunification is not consistent with in
28 the health, safety and best interests of the minor, finding
29 another permanent home for the minor.
30 (b) When a petition is filed alleging that the minor is
31 abused, neglected or dependent, an adjudicatory hearing shall
32 be held within 90 days of the date of service of process upon
33 the minor, parents, any guardian and any legal custodian.
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1 (c) Upon written motion of a party filed no later than
2 10 days prior to hearing, or upon the court's own motion and
3 only for good cause shown, the Court may continue the hearing
4 for a period not to exceed 30 days, and only if the
5 continuance is consistent with in the health, safety and best
6 interests of the minor. When the court grants a continuance,
7 it shall enter specific factual findings to support its
8 order, including factual findings supporting the court's
9 determination that the continuance is in the best interests
10 of the minor. Only one such continuance shall be granted. A
11 period of continuance for good cause as described in this
12 Section shall temporarily suspend as to all parties, for the
13 time of the delay, the period within which a hearing must be
14 held. On the day of the expiration of the delay, the period
15 shall continue at the point at which it was suspended.
16 The term "good cause" as applied in this Section shall be
17 strictly construed and be in accordance with Supreme Court
18 Rule 231 (a) through (f). Neither stipulation by counsel nor
19 the convenience of any party constitutes good cause. If the
20 adjudicatory hearing is not heard within the time limits
21 required by subsection (b) or (c) of this Section, upon
22 motion by any party the petition shall be dismissed without
23 prejudice.
24 (d) The time limits of this Section may be waived only
25 by consent of all parties and approval by the court.
26 (e) For all cases filed before July 1, 1991, an
27 adjudicatory hearing must, be held within 180 days of July 1,
28 1991.
29 (Source: P.A. 88-7.)
30 (705 ILCS 405/2-15) (from Ch. 37, par. 802-15)
31 Sec. 2-15. Summons. (1) When a petition is filed, the
32 clerk of the court shall issue a summons with a copy of the
33 petition attached. The summons shall be directed to the
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1 minor's legal guardian or custodian and to each person named
2 as a respondent in the petition, except that summons need not
3 be directed to a minor respondent under 8 years of age for
4 whom the court appoints a guardian ad litem if the guardian
5 ad litem appears on behalf of the minor in any proceeding
6 under this Act.
7 (2) The summons must contain a statement that the minor
8 or any of the respondents is entitled to have an attorney
9 present at the hearing on the petition, and that the clerk of
10 the court should be notified promptly if the minor or any
11 other respondent desires to be represented by an attorney but
12 is financially unable to employ counsel.
13 (3) The summons shall be issued under the seal of the
14 court, attested in and signed with the name of the clerk of
15 the court, dated on the day it is issued, and shall require
16 each respondent to appear and answer the petition on the date
17 set for the adjudicatory hearing. The summons shall contain a
18 notice that the parties will not be entitled to further
19 written notices or publication notices of proceedings in this
20 case, including the filing of an amended petition or a motion
21 to terminate parental rights.
22 (4) The summons may be served by any county sheriff,
23 coroner or probation officer, even though the officer is the
24 petitioner. The return of the summons with endorsement of
25 service by the officer is sufficient proof thereof.
26 (5) Service of a summons and petition shall be made by:
27 (a) leaving a copy thereof with the person summoned at least
28 3 days before the time stated therein for appearance; (b)
29 leaving a copy at his usual place of abode with some person
30 of the family, of the age of 10 years or upwards, and
31 informing that person of the contents thereof, provided the
32 officer or other person making service shall also send a copy
33 of the summons in a sealed envelope with postage fully
34 prepaid, addressed to the person summoned at his usual place
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1 of abode, at least 3 days before the time stated therein for
2 appearance; or (c) leaving a copy thereof with the guardian
3 or custodian of a minor, at least 3 days before the time
4 stated therein for appearance. If the guardian or custodian
5 is an agency of the State of Illinois, proper service may be
6 made by leaving a copy of the summons and petition with any
7 administrative employee of such agency designated by such
8 agency to accept service of summons and petitions. The
9 certificate of the officer or affidavit of the person that he
10 has sent the copy pursuant to this Section is sufficient
11 proof of service.
12 (6) When a parent or other person, who has signed a
13 written promise to appear and bring the minor to court or who
14 has waived or acknowledged service, fails to appear with the
15 minor on the date set by the court, a bench warrant may be
16 issued for the parent or other person, the minor, or both.
17 (7) The appearance of the minor's legal guardian or
18 custodian, or a person named as a respondent in a petition,
19 in any proceeding under this Act shall constitute a waiver of
20 service of summons and submission to the jurisdiction of the
21 court, except that the filing of a special appearance
22 authorized under Section 2-301 of the Code of Civil Procedure
23 does not constitute an appearance under this subsection. A
24 copy of the summons and petition shall be provided to the
25 person at the time of his appearance.
26 (Source: P.A. 86-441.)
27 (705 ILCS 405/2-16) (from Ch. 37, par. 802-16)
28 Sec. 2-16. Notice by certified mail or publication.
29 (1) If service on individuals as provided in Section
30 2-15 is not made on any respondent within a reasonable time
31 or if it appears that any respondent resides outside the
32 State, service may be made by certified mail. In such case
33 the clerk shall mail the summons and a copy of the petition
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1 to that respondent by certified mail marked for delivery to
2 addressee only. The court shall not proceed with the
3 adjudicatory hearing until 5 days after such mailing. The
4 regular return receipt for certified mail is sufficient proof
5 of service.
6 (2) Where a respondent's usual place of abode is not
7 known, a diligent inquiry shall be made to ascertain the
8 respondent's current and last known address. The Department
9 of Children and Family Services shall adopt rules defining
10 the requirements for conducting a diligent search to locate
11 parents of minors in the custody of the Department. If, after
12 diligent inquiry, the usual place of abode cannot be
13 reasonably ascertained, or if respondent is concealing his or
14 her whereabouts to avoid service of process, petitioner's
15 attorney shall file an affidavit at the office of the clerk
16 of court in which the action is pending showing that
17 respondent on due inquiry cannot be found or is concealing
18 his or her whereabouts so that process cannot be served. The
19 affidavit shall state the last known address of the
20 respondent. The affidavit shall also state what efforts were
21 made to effectuate service. Within 3 days of receipt of the
22 affidavit, the clerk shall issue publication service as
23 provided below. The clerk shall also send a copy thereof by
24 mail addressed to each respondent listed in the affidavit at
25 his or her last known address. The clerk of the court as soon
26 as possible shall cause publication to be made once in a
27 newspaper of general circulation in the county where the
28 action is pending. Notice by publication is not required in
29 any case when the person alleged to have legal custody of the
30 minor has been served with summons personally or by certified
31 mail, but the court may not enter any order or judgment
32 against any person who cannot be served with process other
33 than by publication unless notice by publication is given or
34 unless that person appears. When a minor has been sheltered
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1 under Section 2-10 of this Act and summons has not been
2 served personally or by certified mail within 20 days from
3 the date of the order of court directing such shelter care,
4 the clerk of the court shall cause publication. Notice by
5 publication shall be substantially as follows:
6 "A, B, C, D, (here giving the names of the named
7 respondents, if any) and to All Whom It May Concern (if there
8 is any respondent under that designation):
9 Take notice that on the .... day of ...., 19.. a
10 petition was filed under the Juvenile Court Act by .... in
11 the circuit court of .... county entitled 'In the interest of
12 ...., a minor', and that in .... courtroom at .... on the
13 .... day of .... at the hour of ...., or as soon thereafter
14 as this cause may be heard, an adjudicatory hearing will be
15 held upon the petition to have the child declared to be a
16 ward of the court under that Act. The court has authority in
17 this proceeding to take from you the custody and guardianship
18 of the minor., (and If the petition requests the termination
19 of your parental rights and prays for the appointment of a
20 guardian with power to consent to adoption, you may lose all
21 parental rights to the child) and to appoint a guardian with
22 power to consent to adoption of the minor. Unless you appear
23 you will not be entitled to further written notices or
24 publication notices of the proceedings in this case,
25 including the filing of an amended petition or a motion to
26 terminate parental rights.
27 Now, unless you appear at the hearing and show cause
28 against the petition, the allegations of the petition may
29 stand admitted as against you and each of you, and an order
30 or judgment entered.
31 ......................
32 Clerk
33 Dated (the date of publication)"
34 (3) The clerk shall also at the time of the publication
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1 of the notice send a copy thereof by mail to each of the
2 respondents on account of whom publication is made at his or
3 her last known address. The certificate of the clerk that he
4 or she has mailed the notice is evidence thereof. No other
5 publication notice is required. Every respondent notified by
6 publication under this Section must appear and answer in open
7 court at the hearing. The court may not proceed with the
8 adjudicatory hearing until 10 days after service by
9 publication on any parent, guardian or legal custodian in the
10 case of a minor described in Section 2-3 or 2-4.
11 (4) If it becomes necessary to change the date set for
12 the hearing in order to comply with Section 2-14 or with this
13 Section, notice of the resetting of the date must be given,
14 by certified mail or other reasonable means, to each
15 respondent who has been served with summons personally or by
16 certified mail.
17 (Source: P.A. 88-614, eff. 9-7-94.)
18 (705 ILCS 405/2-17) (from Ch. 37, par. 802-17)
19 Sec. 2-17. Guardian ad litem.
20 (1) Immediately upon the filing of a petition alleging
21 that the minor is a person described in Sections 2-3 or 2-4
22 of this Article, the court shall appoint a guardian ad litem
23 for the minor if:
24 (a) such petition alleges that the minor is an
25 abused or neglected child; or
26 (b) such petition alleges that charges alleging the
27 commission of any of the sex offenses defined in Article
28 11 or in Sections 12-13, 12-14, 12-14.1, 12-15 or 12-16
29 of the Criminal Code of 1961, as amended, have been filed
30 against a defendant in any court and that such minor is
31 the alleged victim of the acts of defendant in the
32 commission of such offense.
33 Unless the guardian ad litem appointed pursuant to this
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1 paragraph (1) is an attorney at law he shall be represented
2 in the performance of his duties by counsel. The guardian ad
3 litem shall represent the best interests of the minor and
4 shall present recommendations to the court consistent with
5 that duty.
6 (2) Before proceeding with the hearing, the court shall
7 appoint a guardian ad litem for the minor if
8 (a) no parent, guardian, custodian or relative of
9 the minor appears at the first or any subsequent hearing
10 of the case;
11 (b) the petition prays for the appointment of a
12 guardian with power to consent to adoption; or
13 (c) the petition for which the minor is before the
14 court resulted from a report made pursuant to the Abused
15 and Neglected Child Reporting Act.
16 (3) The court may appoint a guardian ad litem for the
17 minor whenever it finds that there may be a conflict of
18 interest between the minor and his parents or other custodian
19 or that it is otherwise in the minor's best interest to do
20 so.
21 (4) Unless the guardian ad litem is an attorney, he
22 shall be represented by counsel.
23 (5) The reasonable fees of a guardian ad litem appointed
24 under this Section shall be fixed by the court and charged to
25 the parents of the minor, to the extent they are able to pay.
26 If the parents are unable to pay those fees, they shall be
27 paid from the general fund of the county.
28 Whenever the petition alleges that the minor is neglected
29 or abused because of physical abuse inflicted by the parent
30 or guardian the guardian ad litem must have at least one face
31 to face interview with the minor before the beginning of the
32 adjudicatory hearing.
33 (6) A guardian ad litem appointed under this Section,
34 shall receive copies of any and all classified reports of
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1 child abuse and neglect made under the Abused and Neglected
2 Child Reporting Act in which the minor who is the subject of
3 a report under the Abused and Neglected Child Reporting Act,
4 is also the minor for whom the guardian ad litem is appointed
5 under this Section.
6 (7) In counties with a population less than 3,000,000,
7 the appointed guardian ad litem shall remain the child's
8 guardian ad litem throughout the entire juvenile trial court
9 proceedings, including permanency hearings and termination of
10 parental rights proceedings, unless there is a substitution
11 entered by order of the court.
12 (8) In counties with a population of less than
13 3,000,000, the guardian ad litem shall have a minimum of 2
14 in-person contacts with the minor and the current foster
15 parents or caregiver prior to the adjudicatory hearing, and
16 at least one additional in-person contact with the child and
17 the current foster parents or caregiver prior to each
18 permanency hearing.
19 (9) In counties with a population of 100,000 or more but
20 less than 3,000,000, each guardian ad litem must successfully
21 complete a training program approved by the Department of
22 Children and Family Services. The Department of Children and
23 Family Services shall provide training materials and
24 documents to guardians ad litem who are not mandated to
25 attend the training program. The Department of Children and
26 Family Services shall develop and distribute to all guardians
27 ad litem a bibliography containing information including but
28 not limited to the juvenile court process, termination of
29 parental rights, child development, medical aspects of child
30 abuse, and the child's need for safety and permanence.
31 (Source: P.A. 88-7; 89-428, eff. 12-13-95; 89-462, eff.
32 5-29-96.)
33 (705 ILCS 405/2-17.1)
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1 Sec. 2-17.1. Court appointed special advocate.
2 (1) The court may appoint a special advocate upon the
3 filing of a petition under this Article or at any time during
4 the pendency of a proceeding under this Article. Except in
5 counties with a population over 3,000,000, the court
6 appointed special advocate may also serve as guardian ad
7 litem by appointment of the court under Section 2-17 of this
8 Act.
9 (2) The court appointed special advocate shall act as a
10 monitor and shall be notified of all administrative case
11 reviews pertaining to the minor and work with the parties'
12 attorneys, the guardian ad litem, and others assigned to the
13 minor's case to protect the minor's health, safety and best
14 interests and insure the proper delivery of child welfare
15 services. The court may consider, at its discretion,
16 testimony of the court appointed special advocate pertaining
17 to the well-being of the child.
18 (3) Court appointed special advocates shall serve as
19 volunteers without compensation and shall receive training
20 consistent with nationally developed standards.
21 (4) No person convicted of a criminal offense as
22 specified in Section 4.2 of the Child Care Act of 1969 and no
23 person identified as a perpetrator of an act of child abuse
24 or neglect as reflected in the Department of Children and
25 Family Services State Central Register shall serve as a court
26 appointed special advocate.
27 (5) All costs associated with the appointment and duties
28 of the court appointed special advocate shall be paid by the
29 court appointed special advocate or an organization of court
30 appointed special advocates. In no event shall the court
31 appointed special advocate be liable for any costs of
32 services provided to the child.
33 (6) The court may remove the court appointed special
34 advocate or the guardian ad litem from a case upon finding
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1 that the court appointed special advocate or the guardian ad
2 litem has acted in a manner contrary to the child's best
3 interest or if the court otherwise deems continued service is
4 unwanted or unnecessary.
5 (7) (a) In any county in which a program of court
6 appointed special advocates is in operation, the provisions
7 of this Section shall apply unless the county board of that
8 county, by resolution, determines that the county shall not
9 be governed by this Section.
10 (Source: P.A. 88-97.)
11 (705 ILCS 405/2-20) (from Ch. 37, par. 802-20)
12 Sec. 2-20. Continuance under supervision.
13 (1) The court may enter an order of continuance under
14 supervision (a) upon an admission or stipulation by the
15 appropriate respondent or minor respondent of the facts
16 supporting the petition and before proceeding to findings and
17 adjudication, or after hearing the evidence at the
18 adjudicatory hearing but before noting in the minutes of
19 proceeding a finding of whether or not the minor is abused,
20 neglected or dependent; and (b) in the absence of objection
21 made in open court by the minor, his parent, guardian,
22 custodian, responsible relative, defense attorney or the
23 State's Attorney.
24 (2) If the minor, his parent, guardian, custodian,
25 responsible relative, defense attorney or the State's
26 Attorney, objects in open court to any such continuance and
27 insists upon proceeding to findings and adjudication, the
28 court shall so proceed.
29 (3) Nothing in this Section limits the power of the
30 court to order a continuance of the hearing for the
31 production of additional evidence or for any other proper
32 reason.
33 (4) When a hearing where a minor is alleged to be
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1 abused, neglected or dependent is continued pursuant to this
2 Section, the court may permit the minor to remain in his home
3 if the court determines and makes written factual findings
4 that the minor can be cared for at home without endangering
5 his or her health or safety and that it is in the minor's
6 best interests to do so, subject to such conditions
7 concerning his conduct and supervision as the court may
8 require by order.
9 (5) If a petition is filed charging a violation of a
10 condition of the continuance under supervision, the court
11 shall conduct a hearing. If the court finds that such
12 condition of supervision has not been fulfilled the court may
13 proceed to findings and adjudication and disposition. The
14 filing of a petition for violation of a condition of the
15 continuance under supervision shall toll the period of
16 continuance under supervision until the final determination
17 of the charge, and the term of the continuance under
18 supervision shall not run until the hearing and disposition
19 of the petition for violation; provided where the petition
20 alleges conduct that does not constitute a criminal offense,
21 the hearing must be held within 15 days of the filing of the
22 petition unless a delay in such hearing has been occasioned
23 by the minor, in which case the delay shall continue the
24 tolling of the period of continuance under supervision for
25 the period of such delay.
26 (Source: P.A. 88-7.)
27 (705 ILCS 405/2-21) (from Ch. 37, par. 802-21)
28 (Text of Section before amendment by P.A. 89-704)
29 Sec. 2-21. Findings and adjudication.
30 (1) After hearing the evidence the court shall determine
31 whether or not the minor is abused, neglected, or dependent.
32 If it finds that the minor is not such a person, the court
33 shall order the petition dismissed and the minor discharged.
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1 The court's determination of whether the minor is abused,
2 neglected, or dependent shall be stated in writing with the
3 factual basis supporting that determination.
4 If the court finds that the minor is abused, neglected,
5 or dependent, the court shall then determine and put in
6 writing the factual basis supporting the determination of
7 whether the abuse, neglect, or dependency is the result of
8 physical abuse to the minor inflicted by a parent, guardian,
9 or legal custodian. That finding shall appear in the order
10 of the court.
11 (2) If the court determines and puts in writing the
12 factual basis supporting the determination that the minor is
13 either abused or neglected or dependent, the court shall then
14 set a time not later than 30 days after the entry of the
15 finding for a dispositional hearing to be conducted under
16 Section 2-22 at which hearing the court shall determine
17 whether it is in the best interests of the minor and the
18 public that he be made a ward of the court. To assist the
19 court in making this and other determinations at the
20 dispositional hearing, the court may order that an
21 investigation be conducted and a dispositional report be
22 prepared concerning the minor's physical and mental history
23 and condition, family situation and background, economic
24 status, education, occupation, history of delinquency or
25 criminality, personal habits, and any other information that
26 may be helpful to the court. The dispositional hearing may
27 be continued once for a period not to exceed 30 days if the
28 court finds that such continuance is necessary to complete
29 the dispositional report.
30 (3) The time limits of this Section may be waived only
31 by consent of all parties and approval by the court, as
32 determined to be in the best interests of the minor.
33 (4) For all cases adjudicated prior to July 1, 1991, for
34 which no dispositional hearing has been held prior to that
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1 date, a dispositional hearing under Section 2-22 shall be
2 held within 90 days of July 1, 1991.
3 (Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
4 12-2-94.)
5 (Text of Section after amendment by P.A. 89-704)
6 Sec. 2-21. Findings and adjudication.
7 (1) The court shall state for the record the manner in
8 which the parties received service of process and shall note
9 whether the return or returns of service, postal return
10 receipt or receipts for notice by certified mail, or
11 certificate or certificates of publication have been filed in
12 the court record. The court shall default any parent who has
13 been served in any manner and fails to appear.
14 No further service of process as defined in Sections 2-15
15 and 2-16 is required in any subsequent proceeding for a
16 parent who was served in any manner.
17 The caseworker shall testify about the diligent search
18 conducted for the parent.
19 After hearing the evidence the court shall determine
20 whether or not the minor is abused, neglected, or dependent.
21 If it finds that the minor is not such a person, the court
22 shall order the petition dismissed and the minor discharged.
23 The court's determination of whether the minor is abused,
24 neglected, or dependent shall be stated in writing with the
25 factual basis supporting that determination.
26 If the court finds that the minor is abused, neglected,
27 or dependent, the court shall then determine and put in
28 writing the factual basis supporting the determination of
29 whether the abuse, neglect, or dependency is the result of
30 physical abuse to the minor inflicted by a parent, guardian,
31 or legal custodian. That finding shall appear in the order
32 of the court.
33 If the court finds that the child has been abused,
34 neglected or dependent, the court shall admonish the parents
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1 that they must cooperate with the Department of Children and
2 Family Services, comply with the terms of the service plan,
3 and correct the conditions that require the child to be in
4 care, or risk termination of parental rights.
5 (2) If the court determines and puts in writing the
6 factual basis supporting the determination that the minor is
7 either abused or neglected or dependent, the court shall then
8 set a time not later than 30 days after the entry of the
9 finding for a dispositional hearing to be conducted under
10 Section 2-22 at which hearing the court shall determine
11 whether it is consistent with in the health, safety and best
12 interests of the minor and the public that he be made a ward
13 of the court. To assist the court in making this and other
14 determinations at the dispositional hearing, the court may
15 order that an investigation be conducted and a dispositional
16 report be prepared concerning the minor's physical and mental
17 history and condition, family situation and background,
18 economic status, education, occupation, history of
19 delinquency or criminality, personal habits, and any other
20 information that may be helpful to the court. The
21 dispositional hearing may be continued once for a period not
22 to exceed 30 days if the court finds that such continuance is
23 necessary to complete the dispositional report.
24 (3) The time limits of this Section may be waived only
25 by consent of all parties and approval by the court, as
26 determined to be consistent with in the health, safety and
27 best interests of the minor.
28 (4) For all cases adjudicated prior to July 1, 1991, for
29 which no dispositional hearing has been held prior to that
30 date, a dispositional hearing under Section 2-22 shall be
31 held within 90 days of July 1, 1991.
32 (5) The court may terminate the parental rights of a
33 parent at the initial dispositional hearing if all of the
34 following conditions are met:
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1 (i) the original or, amended, or supplemental
2 petition contains a request for termination of parental
3 rights and appointment of a guardian with power to
4 consent to adoption; and
5 (ii) the court has found by a preponderance of
6 evidence, introduced or stipulated to at an adjudicatory
7 hearing, that the child comes under the jurisdiction of
8 the court as an abused, neglected, or dependent minor
9 under Section 2-18; and
10 (iii) the court finds, on the basis of clear and
11 convincing legally admissible evidence admitted
12 introduced or stipulated to at the adjudicatory hearing
13 or at the dispositional hearing, that the parent is an
14 unfit person under subdivision D of Section 1 of the
15 Adoption Act; and
16 (iv) the court determines in accordance with the
17 rules of evidence for dispositional proceedings, that:
18 (A) it is in the best interest of the minor
19 and public that the child be made a ward of the
20 court; and
21 (A-5) reasonable efforts under subsection
22 (l-1) of Section 5 of the Children and Family
23 Services Act are inappropriate or such efforts were
24 made and were unsuccessful; and
25 (B) termination of parental rights and
26 appointment of a guardian with power to consent to
27 adoption is in the best interest of the child
28 pursuant to Section 2-29.
29 (Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
30 12-2-94; 89-704, eff. 1-1-98.)
31 (705 ILCS 405/2-22) (from Ch. 37, par. 802-22)
32 Sec. 2-22. Dispositional hearing; evidence; continuance.
33 (1) At the dispositional hearing, the court shall
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1 determine whether it is in the best interests of the minor
2 and the public that he be made a ward of the court, and, if
3 he is to be made a ward of the court, the court shall
4 determine the proper disposition best serving the health,
5 safety and interests of the minor and the public. The court
6 also shall consider the permanency goal set for the minor,
7 the nature of the service plan for the minor and the services
8 delivered and to be delivered under the plan. All evidence
9 helpful in determining these questions, including oral and
10 written reports, may be admitted and may be relied upon to
11 the extent of its probative value, even though not competent
12 for the purposes of the adjudicatory hearing.
13 (2) Notice in compliance with Supreme Court Rule 11
14 Sections 2-15 and 2-16 must be given to all
15 parties-respondent prior to proceeding to a dispositional
16 hearing. Before making an order of disposition the court
17 shall advise the State's Attorney, the parents, guardian,
18 custodian or responsible relative or their counsel of the
19 factual contents and the conclusions of the reports prepared
20 for the use of the court and considered by it, and afford
21 fair opportunity, if requested, to controvert them. The court
22 may order, however, that the documents containing such
23 reports need not be submitted to inspection, or that sources
24 of confidential information need not be disclosed except to
25 the attorneys for the parties. Factual contents, conclusions,
26 documents and sources disclosed by the court under this
27 paragraph shall not be further disclosed without the express
28 approval of the court pursuant to an in camera hearing.
29 (3) A record of a prior continuance under supervision
30 under Section 2-20, whether successfully completed with
31 regard to the child's health, safety and best interest, or
32 not, is admissible at the dispositional hearing.
33 (4) On its own motion or that of the State's Attorney, a
34 parent, guardian, custodian, responsible relative or counsel,
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1 the court may adjourn the hearing for a reasonable period to
2 receive reports or other evidence, if the adjournment is
3 consistent with in the health, safety and best interests of
4 the minor, but in no event shall continuances be granted so
5 that the dispositional hearing occurs more than 6 12 months
6 after the initial removal of a minor from his or her home. In
7 scheduling investigations and hearings, the court shall give
8 priority to proceedings in which a minor has been removed
9 from his or her home before an order of disposition has been
10 made.
11 (5) Unless already set by the court, at the conclusion
12 of the dispositional hearing, the court shall set the date
13 for the first permanency hearing, to be conducted under
14 subsection (2) of Section 2-28, which shall be held no later
15 than 12 16 months after the minor is taken into temporary
16 custody.
17 (6) When the court declares a child to be a ward of the
18 court and awards guardianship to the Department of Children
19 and Family Services, the court shall admonish the parents,
20 guardian, custodian or responsible relative that the parents
21 must cooperate with the Department of Children and Family
22 Services, comply with the terms of the service plans, and
23 correct the conditions which require the child to be in care,
24 or risk termination of their parental rights.
25 (Source: P.A. 88-7; 88-487; 88-670, eff. 12-2-94; 89-17, eff.
26 5-31-95.)
27 (705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
28 Sec. 2-23. Kinds of dispositional orders.
29 (1) The following kinds of orders of disposition may be
30 made in respect of wards of the court:
31 (a) A minor under 18 years of age found to be
32 neglected or abused under Section 2-3 may be (1)
33 continued in the custody of his or her parents, guardian
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1 or legal custodian; (2) placed in accordance with Section
2 2-27; or (3) ordered partially or completely emancipated
3 in accordance with the provisions of the Emancipation of
4 Mature Minors Act.
5 However, in any case in which a minor is found by
6 the court to be neglected or abused under Section 2-3 of
7 this Act, custody of the minor shall not be restored to
8 any parent, guardian or legal custodian found by the
9 court to have caused the neglect or to have inflicted the
10 abuse on the minor, unless it is in the best interests of
11 the minor, until such time as a hearing is held on the
12 issue of the best interests of the minor and the fitness
13 of such parent, guardian or legal custodian to care for
14 the minor without endangering the minor's health or
15 safety, and the court enters an order that such parent,
16 guardian or legal custodian is fit to care for the minor.
17 (b) A minor under 18 years of age found to be
18 dependent under Section 2-4 may be (1) placed in
19 accordance with Section 2-27 or (2) ordered partially or
20 completely emancipated in accordance with the provisions
21 of the Emancipation of Mature Minors Act.
22 However, in any case in which a minor is found by
23 the court to be dependent under Section 2-4 of this Act
24 and the court has made a further finding under paragraph
25 (2) of Section 2-21 that such dependency is the result of
26 physical abuse, custody of the minor shall not be
27 restored to any parent, guardian or legal custodian found
28 by the court to have inflicted physical abuse on the
29 minor until such time as a hearing is held on the issue
30 of the fitness of such parent, guardian or legal
31 custodian to care for the minor without endangering the
32 minor's health or safety, and the court enters an order
33 that such parent, guardian or legal custodian is fit to
34 care for the minor.
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1 (c) When the court awards guardianship to the
2 Department of Children and Family Services, the court
3 shall order the parents to cooperate with the Department
4 of Children and Family Services, comply with the terms of
5 the service plans, and correct the combinations that
6 require the child to be in care, or risk termination of
7 their parental rights.
8 (d) When the court orders a child restored to the
9 custody of the parent or parents, the court shall order
10 the parent or parents to cooperate with the Department of
11 Children and Family Services and comply with the terms of
12 an after-care plan, or risk the loss of custody of the
13 child and the possible termination of their parental
14 rights.
15 (2) Any order of disposition may provide for protective
16 supervision under Section 2-24 and may include an order of
17 protection under Section 2-25.
18 Unless the order of disposition expressly so provides, it
19 does not operate to close proceedings on the pending
20 petition, but is subject to modification, not inconsistent
21 with Section 2-28, until final closing and discharge of the
22 proceedings under Section 2-31.
23 (3) The court also shall enter any other orders
24 necessary to fulfill the service plan, including, but not
25 limited to, (i) orders requiring parties to cooperate with
26 services, (ii) restraining orders controlling the conduct of
27 any party likely to frustrate the achievement of the goal,
28 and (iii) visiting orders. Unless otherwise specifically
29 authorized by law, the court is not empowered under this
30 subsection (3) to order specific placements, specific
31 services, or specific service providers to be included in the
32 plan. If the court concludes that the Department of Children
33 and Family Services has abused its discretion in setting the
34 current service plan or permanency goal for the minor, the
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1 court shall enter specific findings in writing based on the
2 evidence and shall enter an order for the Department to
3 develop and implement a new permanency goal and service plan
4 consistent with the court's findings. The new service plan
5 shall be filed with the court and served on all parties. The
6 court shall continue the matter until the new service plan is
7 filed.
8 (4) In addition to any other order of disposition, the
9 court may order any minor adjudicated neglected with respect
10 to his or her own injurious behavior to make restitution, in
11 monetary or non-monetary form, under the terms and conditions
12 of Section 5-5-6 of the Unified Code of Corrections, except
13 that the "presentence hearing" referred to therein shall be
14 the dispositional hearing for purposes of this Section. The
15 parent, guardian or legal custodian of the minor may pay some
16 or all of such restitution on the minor's behalf.
17 (5) Any order for disposition where the minor is
18 committed or placed in accordance with Section 2-27 shall
19 provide for the parents or guardian of the estate of such
20 minor to pay to the legal custodian or guardian of the person
21 of the minor such sums as are determined by the custodian or
22 guardian of the person of the minor as necessary for the
23 minor's needs. Such payments may not exceed the maximum
24 amounts provided for by Section 9.1 of the Children and
25 Family Services Act.
26 (6) Whenever the order of disposition requires the minor
27 to attend school or participate in a program of training, the
28 truant officer or designated school official shall regularly
29 report to the court if the minor is a chronic or habitual
30 truant under Section 26-2a of the School Code.
31 (Source: P.A. 88-7; 88-487; 88-670, eff. 12-2-94; 89-17, eff.
32 5-31-95; 89-235, eff. 8-4-95.)
33 (705 ILCS 405/2-24) (from Ch. 37, par. 802-24)
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1 Sec. 2-24. Protective supervision.
2 (1) If the order of disposition, following a
3 determination of the best interests of the minor, releases
4 the minor to the custody of his parents, guardian or legal
5 custodian, or continues him in such custody, the court may,
6 if it is in the health, safety and best interests of the
7 minor require, place the person having custody of the minor,
8 except for representatives of private or public agencies or
9 governmental departments, under supervision of the probation
10 office.
11 (2) An order of protective supervision may require the
12 parent to present the child for periodic medical
13 examinations, which shall include an opportunity for medical
14 personnel to speak with and examine the child outside the
15 presence of the parent. The results of the medical
16 examinations conducted in accordance with this Section shall
17 be made available to the Department, the guardian ad litem,
18 and the court.
19 (3) Rules or orders of court shall define the terms and
20 conditions of protective supervision, which may be modified
21 or terminated when the court finds that the health, safety
22 and best interests of the minor and the public will be served
23 thereby.
24 (Source: P.A. 88-7.)
25 (705 ILCS 405/2-25) (from Ch. 37, par. 802-25)
26 Sec. 2-25. Order of protection.
27 (1) The court may make an order of protection in
28 assistance of or as a condition of any other order authorized
29 by this Act. The order of protection shall be based on the
30 health, safety and best interests of the minor and may set
31 forth reasonable conditions of behavior to be observed for a
32 specified period. Such an order may require a person:
33 (a) To stay away from the home or the minor;
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1 (b) To permit a parent to visit the minor at stated
2 periods;
3 (c) To abstain from offensive conduct against the
4 minor, his parent or any person to whom custody of the
5 minor is awarded;
6 (d) To give proper attention to the care of the
7 home;
8 (e) To cooperate in good faith with an agency to
9 which custody of a minor is entrusted by the court or
10 with an agency or association to which the minor is
11 referred by the court;
12 (f) To prohibit and prevent any contact whatsoever
13 with the respondent minor by a specified individual or
14 individuals who are alleged in either a criminal or
15 juvenile proceeding to have caused injury to a respondent
16 minor or a sibling of a respondent minor;
17 (g) To refrain from acts of commission or omission
18 that tend to make the home not a proper place for the
19 minor.
20 (2) The court shall enter an order of protection to
21 prohibit and prevent any contact between a respondent minor
22 or a sibling of a respondent minor and any person named in a
23 petition seeking an order of protection who has been
24 convicted of heinous battery under Section 12-4.1, aggravated
25 battery of a child under Section 12-4.3, criminal sexual
26 assault under Section 12-13, aggravated criminal sexual
27 assault under Section 12-14, predatory criminal sexual
28 assault of a child under Section 12-14.1, criminal sexual
29 abuse under Section 12-15, or aggravated criminal sexual
30 abuse under Section 12-16 of the Criminal Code of 1961, or
31 has been convicted of an offense that resulted in the death
32 of a child, or has violated a previous order of protection
33 under this Section.
34 (3) When the court issues an order of protection against
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1 any person as provided by this Section, the court shall
2 direct a copy of such order to the Sheriff of that county.
3 The Sheriff shall furnish a copy of the order of protection
4 to the Department of State Police with 24 hours of receipt,
5 in the form and manner required by the Department. The
6 Department of State Police shall maintain a complete record
7 and index of such orders of protection and make this data
8 available to all local law enforcement agencies.
9 (4) After notice and opportunity for hearing afforded to
10 a person subject to an order of protection, the order may be
11 modified or extended for a further specified period or both
12 or may be terminated if the court finds that the health,
13 safety, and best interests of the minor and the public will
14 be served thereby.
15 (5) An order of protection may be sought at any time
16 during the course of any proceeding conducted pursuant to
17 this Act if such an order is consistent with in the health,
18 safety, and best interests of the minor. Any person against
19 whom an order of protection is sought may retain counsel to
20 represent him at a hearing, and has rights to be present at
21 the hearing, to be informed prior to the hearing in writing
22 of the contents of the petition seeking a protective order
23 and of the date, place and time of such hearing, and to cross
24 examine witnesses called by the petitioner and to present
25 witnesses and argument in opposition to the relief sought in
26 the petition.
27 (6) Diligent efforts shall be made by the petitioner to
28 serve any person or persons against whom any order of
29 protection is sought with written notice of the contents of
30 the petition seeking a protective order and of the date,
31 place and time at which the hearing on the petition is to be
32 held. When a protective order is being sought in conjunction
33 with a temporary custody hearing, if the court finds that the
34 person against whom the protective order is being sought has
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1 been notified of the hearing or that diligent efforts have
2 been made to notify such person, the court may conduct a
3 hearing. If a protective order is sought at any time other
4 than in conjunction with a temporary custody hearing, the
5 court may not conduct a hearing on the petition in the
6 absence of the person against whom the order is sought unless
7 the petitioner has notified such person by personal service
8 at least 3 days before the hearing or has sent written
9 notice by first class mail to such person's last known
10 address at least 5 days before the hearing.
11 (7) A person against whom an order of protection is
12 being sought who is neither a parent, guardian, legal
13 custodian or responsible relative as described in Section 1-5
14 is not a party or respondent as defined in that Section and
15 shall not be entitled to the rights provided therein. Such
16 person does not have a right to appointed counsel or to be
17 present at any hearing other than the hearing in which the
18 order of protection is being sought or a hearing directly
19 pertaining to that order. Unless the court orders otherwise,
20 such person does not have a right to inspect the court file.
21 (8) All protective orders entered under this Section
22 shall be in writing. Unless the person against whom the
23 order was obtained was present in court when the order was
24 issued, the sheriff, other law enforcement official or
25 special process server shall promptly serve that order upon
26 that person and file proof of such service, in the manner
27 provided for service of process in civil proceedings. The
28 person against whom the protective order was obtained may
29 seek a modification of the order by filing a written motion
30 to modify the order within 7 days after actual receipt by the
31 person of a copy of the order. Any modification of the order
32 granted by the court must be determined to be consistent with
33 the best interests of the minor.
34 (Source: P.A. 88-7; 89-428, eff. 12-13-95; 89-462, eff.
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1 5-29-96.)
2 (705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
3 Sec. 2-27. Placement; legal custody or guardianship.
4 (1) If the court determines and puts in writing the
5 factual basis supporting the determination of whether the
6 parents, guardian, or legal custodian of a minor adjudged a
7 ward of the court are unfit or are unable, for some reason
8 other than financial circumstances alone, to care for,
9 protect, train or discipline the minor or are unwilling to do
10 so, and that it is in the health, safety, and best interest
11 of the minor will be jeopardized if the minor remains in to
12 take him from the custody of his parents, guardian or
13 custodian, the court may at this hearing and at any later
14 point:
15 (a) place him in the custody of a suitable relative
16 or other person as legal custodian or guardian;
17 (b) place him under the guardianship of a probation
18 officer;
19 (c) commit him to an agency for care or placement,
20 except an institution under the authority of the
21 Department of Corrections or of the Department of
22 Children and Family Services;
23 (d) commit him to the Department of Children and
24 Family Services for care and service; however, a minor
25 charged with a criminal offense under the Criminal Code
26 of 1961 or adjudicated delinquent shall not be placed in
27 the custody of or committed to the Department of Children
28 and Family Services by any court, except a minor less
29 than 13 years of age and committed to the Department of
30 Children and Family Services under Section 5-23 of this
31 Act. The Department shall be given due notice of the
32 pendency of the action and the Guardianship Administrator
33 of the Department of Children and Family Services shall
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1 be appointed guardian of the person of the minor.
2 Whenever the Department seeks to discharge a minor from
3 its care and service, the Guardianship Administrator
4 shall petition the court for an order terminating
5 guardianship. The Guardianship Administrator may
6 designate one or more other officers of the Department,
7 appointed as Department officers by administrative order
8 of the Department Director, authorized to affix the
9 signature of the Guardianship Administrator to documents
10 affecting the guardian-ward relationship of children for
11 whom he has been appointed guardian at such times as he
12 is unable to perform the duties of his office. The
13 signature authorization shall include but not be limited
14 to matters of consent of marriage, enlistment in the
15 armed forces, legal proceedings, adoption, major medical
16 and surgical treatment and application for driver's
17 license. Signature authorizations made pursuant to the
18 provisions of this paragraph shall be filed with the
19 Secretary of State and the Secretary of State shall
20 provide upon payment of the customary fee, certified
21 copies of the authorization to any court or individual
22 who requests a copy.
23 (1.5) In making a determination under this Section, the
24 court shall also consider whether, based on health, safety,
25 and the best interests of the minor,
26 (a) appropriate services aimed at family
27 preservation and family reunification have been
28 unsuccessful in rectifying the conditions that have led
29 to a finding of unfitness or inability to care for,
30 protect, train, or discipline the minor, or whether,
31 based on the best interests of the minor,
32 (b) no family preservation or family reunification
33 services would be appropriate,
34 and if the petition or amended petition contained an
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1 allegation that the parent is an unfit person as defined in
2 subdivision (D) of Section 1 of the Adoption Act, and the
3 order of adjudication recites that parental unfitness was
4 established by clear and convincing evidence, the court shall
5 enter an order terminating parental rights and appointing a
6 guardian with power to consent to adoption in accordance with
7 Section 2-29.
8 When making a placement, the court, wherever possible,
9 shall require the Department of Children and Family Services
10 to select a person holding the same religious belief as that
11 of the minor or a private agency controlled by persons of
12 like religious faith of the minor and shall require the
13 Department to otherwise comply with Section 7 of the Children
14 and Family Services Act in placing the child. In addition,
15 whenever alternative plans for placement are available, the
16 court shall ascertain and consider, to the extent appropriate
17 in the particular case, the views and preferences of the
18 minor.
19 (2) When a minor is placed with a suitable relative or
20 other person pursuant to item (a) of subsection (1), the
21 court shall appoint him the legal custodian or guardian of
22 the person of the minor. When a minor is committed to any
23 agency, the court shall appoint the proper officer or
24 representative thereof as legal custodian or guardian of the
25 person of the minor. Legal custodians and guardians of the
26 person of the minor have the respective rights and duties set
27 forth in subsection (9) of Section 1-3 except as otherwise
28 provided by order of court; but no guardian of the person may
29 consent to adoption of the minor unless that authority is
30 conferred upon him in accordance with Section 2-29. An agency
31 whose representative is appointed guardian of the person or
32 legal custodian of the minor may place him in any child care
33 facility, but the facility must be licensed under the Child
34 Care Act of 1969 or have been approved by the Department of
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1 Children and Family Services as meeting the standards
2 established for such licensing. No agency may place a minor
3 adjudicated under Sections 2-3 or 2-4 in a child care
4 facility unless the placement is in compliance with the rules
5 and regulations for placement under this Section promulgated
6 by the Department of Children and Family Services under
7 Section 5 of the Children and Family Services Act. Like
8 authority and restrictions shall be conferred by the court
9 upon any probation officer who has been appointed guardian of
10 the person of a minor.
11 (3) No placement by any probation officer or agency
12 whose representative is appointed guardian of the person or
13 legal custodian of a minor may be made in any out of State
14 child care facility unless it complies with the Interstate
15 Compact on the Placement of Children. Placement with a
16 parent, however, is not subject to that Interstate Compact.
17 (4) The clerk of the court shall issue to the legal
18 custodian or guardian of the person a certified copy of the
19 order of court, as proof of his authority. No other process
20 is necessary as authority for the keeping of the minor.
21 (5) Custody or guardianship granted under this Section
22 continues until the court otherwise directs, but not after
23 the minor reaches the age of 19 years except as set forth in
24 Section 2-31.
25 (Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
26 12-2-94; 89-21, eff. 7-1-95; 89-422; 89-626, eff. 8-9-96.)
27 (705 ILCS 405/2.27.5 new)
28 Sec. 2-27.5. Termination of parental rights of persons
29 in default. After the dispositional hearing, and before the
30 first permanency hearing, the State's Attorney shall file a
31 motion to terminate parental rights of:
32 (1) an unknown parent;
33 (2) a parent whose whereabouts are unknown after a
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1 diligent inquiry within the past 12 months; and
2 (3) a parent who has been found in default at the
3 adjudicatory hearing and has not obtained an order
4 setting aside the default in accordance with Section
5 2-1301 of the Code of Civil Procedure.
6 If the court has already acquired jurisdiction of the
7 respondent parent by service of process in accordance with
8 Sections 2-15 and 2-16, as shown by the return of service,
9 postal return receipt, or certificate of publication, no
10 further service of process is required prior to the
11 termination of parental rights for such person. Notice of
12 the motion to terminate parental rights for a party who is
13 not in default shall be served upon the respondent's attorney
14 of record or, if there is no attorney of record for the
15 respondent, mailed to the respondent's last known address in
16 accordance with Supreme Court Rule 11.
17 The court may enter an order terminating parental rights
18 and appointing a guardian with power to consent to adoption
19 in accordance with this Section before or at the first
20 permanency hearing.
21 (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
22 Sec. 2-28. Court review.
23 (1) The court may require any legal custodian or
24 guardian of the person appointed under this Act to report
25 periodically to the court or may cite him into court and
26 require him or his agency, to make a full and accurate report
27 of his or its doings in behalf of the minor. The custodian
28 or guardian, within 10 days after such citation, shall make
29 the report, either in writing verified by affidavit or orally
30 under oath in open court, or otherwise as the court directs.
31 Upon the hearing of the report the court may remove the
32 custodian or guardian and appoint another in his stead or
33 restore the minor to the custody of his parents or former
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1 guardian or custodian. However, custody of the minor shall
2 not be restored to any parent, guardian or legal custodian in
3 any case in which the minor is found to be neglected or
4 abused under Section 2-3 of this Act, unless the minor can be
5 cared for at home without endangering the minor's health or
6 safety and it is in the best interests of the minor, and if
7 such neglect or abuse is found by the court under paragraph
8 (2) of Section 2-21 of this Act to be the result of physical
9 abuse inflicted on the minor by such parent, guardian or
10 legal custodian, until such time as an investigation is made
11 as provided in paragraph (5) and a hearing is held on the
12 issue of the fitness of such parent, guardian or legal
13 custodian to care for the minor and the court enters an order
14 that such parent, guardian or legal custodian is fit to care
15 for the minor.
16 (2) In counties under 3,000,000 population, permanency
17 hearings shall be conducted by the court. In counties with a
18 population of 3,000,000 or more, the first permanency hearing
19 shall be conducted by a judge. Subsequent permanency
20 hearings may be heard by a judge, or by hearing officers
21 appointed or approved by the court in the manner set forth in
22 Section 2-28.1 of this Act. Permanency hearings shall be
23 held every 6 12 months or more frequently if necessary in the
24 court's determination following the initial permanency
25 hearing, in accordance with the standards set forth in this
26 Section, until the court determines that the plan and goal
27 have been achieved. Once the plan and goal have been
28 achieved, if the minor remains in substitute care, the case
29 shall be reviewed at least every 6 12 months thereafter,
30 subject to the provisions of this Section, unless the minor
31 is placed in the guardianship of a suitable relative or other
32 person and the court determines that further monitoring by
33 the court does not further the health, safety or best
34 interest of the child and that this is a stable permanent
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1 placement.
2 Notice in compliance with Sections 2-15 and 2-16 must
3 have been given to all parties-respondent before proceeding
4 to a permanency hearing.
5 The public agency that is the custodian or guardian of
6 the minor, or another agency responsible for the minor's
7 care, shall ensure that all parties to the permanency
8 hearings are provided a copy of the most recent service plan
9 prepared within the prior 6 months at least 14 days in
10 advance of the hearing. If not contained in the plan, the
11 agency shall also include a report setting forth (i) any
12 special physical, psychological, educational, medical,
13 emotional, or other needs of the minor or his or her family
14 that are relevant to a permanency or placement determination
15 and (ii) for any minor age 16 or over, a written description
16 of the programs and services that will enable the minor to
17 prepare for independent living. The agency's written report
18 must explain why the child cannot be returned home without
19 jeopardizing the child's health, safety and welfare and why
20 termination of parental rights or private guardianship is not
21 in the best interests of the child. The caseworker must
22 appear and testify at the permanency hearing. If a
23 permanency review hearing has not previously been scheduled
24 by the court, the moving party shall move for the setting of
25 a permanency hearing and the entry of an order within the
26 time frames set forth in this subsection.
27 At the permanency hearing, the court shall determine the
28 future status of the child. The court shall set one of the
29 following permanency goals:
30 (A) The minor will be returned home by a specific
31 date within 5 months.
32 (B) The minor will be in short-term care with a
33 continued goal to return home within a period not to
34 exceed one year, where the progress of the parent or
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1 parents is substantial considering the age and individual
2 needs of the minor.
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.
21 The court shall consider the following factors when
22 setting the permanency goal:
23 (1) Age of the child.
24 (2) Options available for permanence.
25 (3) Current placement of the child and the intent
26 of the family regarding adoption.
27 (4) Emotional, physical, and mental status or
28 condition of the child.
29 (5) Types of services previously offered and
30 whether or not the services were successful and, if not
31 successful, the reasons the services failed.
32 (6) Availability of services currently needed and
33 whether the services exist.
34 (7) Status of siblings of the minor.
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1 At the permanency hearing, the court shall determine the
2 future status of the child. The court shall review (i) the
3 appropriateness of the permanency goal, (ii) the
4 appropriateness of the services contained in the plan and
5 whether those services have been provided to achieve the
6 goal, (iii) whether reasonable efforts have been made by all
7 the parties to the service plan to achieve the goal, and the
8 appropriateness of the services contained in the plan and
9 whether those services have been provided, (iv) whether
10 reasonable efforts have been made by all the parties to the
11 service plan to achieve the goal, and (v) whether the plan
12 and goal have been achieved. All evidence relevant to
13 determining these questions, including oral and written
14 reports, may be admitted and may be relied on to the extent
15 of their probative value.
16 In reviewing the permanency goal and the most recent
17 service plan prepared within the prior 6 months, the standard
18 of review to be employed by the court shall be whether the
19 Department of Children and Family Services, in setting the
20 permanency goal and the service plan, abused its discretion
21 in light of the best interests of the child, the permanency
22 alternatives, and the facts in the individual case.
23 If the plan and goal has are found to be appropriate and
24 to have been achieved, the court shall enter orders that are
25 necessary to conform the minor's legal custody and status to
26 those findings.
27 If, after receiving evidence, the court determines that
28 the Department of Children and Family Services abused its
29 discretion in identifying services contained in the plan that
30 are not reasonably calculated to facilitate achievement of
31 the permanency goal, the court shall put in writing the
32 factual basis supporting the determination and enter specific
33 findings based on the evidence. The court also shall enter
34 an order for the Department to develop and implement a new
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1 service plan or to implement changes to the current service
2 plan consistent with the court's findings. The new service
3 plan shall be filed with the court and served on all parties
4 within 45 days of the date of the order. The court shall
5 continue the matter until the new service plan is filed.
6 Unless otherwise specifically authorized by law, the court is
7 not empowered under this subsection (2) or under subsection
8 (3) to order specific placements, specific services, or
9 specific service providers to be included in the plan.
10 If, after receiving evidence, the court determines that
11 the Department of Children and Family Services abused its
12 discretion in setting a permanency goal that is not in the
13 best interests of the minor, the court shall enter specific
14 findings in writing based on the evidence. The court also
15 shall enter an order for the Department to set a new
16 permanency goal and to develop and implement a new service
17 plan that is consistent with the court's findings. The new
18 service plan shall be filed with the court and served on all
19 parties within 45 days of the date of the order. The court
20 shall continue the matter until the new service plan is
21 filed.
22 A guardian or custodian appointed by the court pursuant
23 to this Act shall file updated case plans with the court
24 every 6 months until the permanency goal set by the court has
25 been achieved.
26 Rights of wards of the court under this Act are
27 enforceable against any public agency by complaints for
28 relief by mandamus filed in any proceedings brought under
29 this Act.
30 (3) Following the permanency hearing, the court shall
31 enter an order setting forth the following determinations in
32 writing:
33 (a) The future status of the minor, including the
34 permanency goal, but not limited to whether the minor
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1 should be returned to the parent, should be continued in
2 the care of the Department of Children and Family
3 Services or other agency for a specified period, should
4 be placed for adoption, should be emancipated, or should
5 (because of the minor's special needs or circumstances)
6 be continued in the care of the Department of Children
7 and Family Services or other agency on a permanent or
8 long-term basis, and any order orders necessary to
9 conform the minor's legal custody and status to such
10 determination; or
11 (b) if the permanency goal future status of the
12 minor cannot be achieved immediately, the specific
13 reasons for continuing the minor in the care of the
14 Department of Children and Family Services or other
15 agency for short term placement, and the following
16 determinations:
17 (i) (Blank). Whether the permanency goal is in
18 the best interests of the minor, or whether the
19 Department of Children and Family Services abused
20 its discretion in setting a goal that is not in the
21 best interests of the minor.
22 (ii) Whether the services required by the
23 court and by any service plan prepared within the
24 prior 6 months have been provided and (A) if so,
25 whether the services were reasonably calculated to
26 facilitate the achievement of the permanency goal or
27 (B) if not provided, why the services were not
28 provided.
29 (iii) Whether the minor's placement is
30 necessary, and appropriate to the plan and goal,
31 recognizing the right of minors to the least
32 restrictive (most family-like) setting available and
33 in close proximity to the parents' home consistent
34 with the health, safety, best interest and special
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1 needs of the minor and, if the minor is placed
2 out-of-State, whether the out-of-State placement
3 continues to be appropriate and consistent with in
4 the health, safety, and best interest of the minor.
5 (iv) (Blank). Whether, because of any of the
6 findings under subparagraphs (i) through (iii), the
7 Department of Children and Family Services should be
8 ordered to set a new permanency goal or develop and
9 implement a new service plan consistent with such
10 findings.
11 (v) (Blank). Whether any orders to effectuate
12 the completion of a plan or goal are necessary,
13 including conforming the minor's custody or status
14 to a goal being achieved.
15 When a motion is before the court seeking termination of
16 parental rights of a parent in accordance with Section
17 2-27.5, the court shall enter an order terminating parental
18 rights and appointing a guardian with power to consent to
19 adoption with regard to the parent identified in the motion.
20 Any order entered pursuant to this subsection (3) shall
21 be immediately appealable as a matter of right under Supreme
22 Court Rule 304(b)(1).
23 (4) The minor or any person interested in the minor may
24 apply to the court for a change in custody of the minor and
25 the appointment of a new custodian or guardian of the person
26 or for the restoration of the minor to the custody of his
27 parents or former guardian or custodian.
28 When return home is not selected as the permanency goal:
29 (a) The State's Attorney or the current foster
30 parent or relative caregiver seeking private guardianship
31 may file a motion for private guardianship of the minor.
32 The court and the Department of Children and Family
33 Services must approve the appointment of a guardian
34 under this Section.
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1 (b) the State's Attorney may file a motion to
2 terminate parental rights of any parent who has failed to
3 make reasonable efforts to correct the conditions which
4 led to the removal of the child or reasonable progress
5 toward the return of the child, as defined in subdivision
6 (D)(m) of Section 1 of the Adoption Act or for whom any
7 other unfitness ground for terminating parental rights as
8 defined in subdivision (D) of Section 1 of the Adoption
9 Act exists.
10 However, Custody of the minor shall not be restored to
11 any parent, guardian or legal custodian in any case in which
12 the minor is found to be neglected or abused under Section
13 2-3 of this Act, unless the minor can be cared for at home
14 without endangering his or her health or safety and it is in
15 the best interest of the minor, and if such neglect or abuse
16 is found by the court under paragraph (2) of Section 2-21 of
17 this Act to be the result of physical abuse inflicted on the
18 minor by such parent, guardian or legal custodian, until such
19 time as an investigation is made as provided in paragraph (4)
20 and a hearing is held on the issue of the health, safety and
21 best interest of the minor and the fitness of such parent,
22 guardian or legal custodian to care for the minor and the
23 court enters an order that such parent, guardian or legal
24 custodian is fit to care for the minor. In the event that
25 the minor has attained 18 years of age and the guardian or
26 custodian petitions the court for an order terminating his
27 guardianship or custody, guardianship or custody shall
28 terminate automatically 30 days after the receipt of the
29 petition unless the court orders otherwise. No legal
30 custodian or guardian of the person may be removed without
31 his consent until given notice and an opportunity to be heard
32 by the court.
33 When the court orders a child restored to the custody of
34 the parent or parents, the court shall order the parent or
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1 parents to cooperate with the Department of Children and
2 Family Services and comply with the terms of an after-care
3 plan, or risk the loss of custody of the child and possible
4 termination of their parental rights. The court may also
5 enter an order of protective supervision in accordance with
6 Section 2-24.
7 (5) Whenever a parent, guardian, or legal custodian
8 files a motion petitions for restoration of custody of the
9 minor, and the minor was adjudicated neglected or abused as a
10 result of physical abuse, the court shall cause to be made an
11 investigation as to whether the movant petitioner has ever
12 been charged with or convicted of any criminal offense which
13 would indicate the likelihood of any further physical abuse
14 to the minor. Evidence of such criminal convictions shall be
15 taken into account in determining whether the minor can be
16 cared for at home without endangering his or her health or
17 safety and fitness of the parent, guardian, or legal
18 custodian.
19 (a) Any agency of this State or any subdivision
20 thereof shall co-operate with the agent of the court in
21 providing any information sought in the investigation.
22 (b) The information derived from the investigation
23 and any conclusions or recommendations derived from the
24 information shall be provided to the parent, guardian, or
25 legal custodian seeking restoration of custody prior to
26 the hearing on fitness and the movant petitioner shall
27 have an opportunity at the hearing to refute the
28 information or contest its significance.
29 (c) All information obtained from any investigation
30 shall be confidential as provided in Section 1-10 of this
31 Act.
32 (Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
33 12-2-94; 89-17, eff. 5-31-95; 89-21, eff. 7-1-95; 89-626,
34 eff. 8-9-96.)
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1 (705 ILCS 405/2-28.1)
2 Sec. 2-28.1. Permanency hearings; before hearing
3 officers.
4 (a) The chief judge of the circuit court may appoint
5 hearing officers to conduct the permanency hearings set forth
6 in subsection (2) of Section 2-28 of this Act, in accordance
7 with the provisions of this Section. The hearing officers
8 shall be attorneys with at least 3 years experience in child
9 abuse and neglect or permanency planning, and in counties
10 with a population of 3,000,000 or more, admitted to practice
11 for at least 7 years., Once trained by the court, hearing
12 officers shall be authorized to do the following:
13 (1) Conduct a fair and impartial hearing in which
14 the strict rules of evidence need not apply.
15 (2) Summon and compel the attendance of witnesses.
16 (3) Administer the oath or affirmation and take
17 testimony under oath or affirmation.
18 (4) Require the production of evidence relevant to
19 the permanency hearing to be conducted. That evidence
20 may include, but need not be limited to case plans,
21 social histories, medical and psychological evaluations,
22 child placement histories, visitation records, and other
23 documents and writings applicable to those items.
24 (5) Rule on the admissibility of evidence using the
25 standard applied at a dispositional hearing under Section
26 2-22 of this Act or other information.
27 (6) Cause notices to be issued requiring parties,
28 the public agency that is custodian or guardian of the
29 minor, or another agency responsible for the minor's care
30 to appear either before the hearing officer or in court.
31 (7) Analyze the evidence presented to the hearing
32 officer and prepare written recommended orders, including
33 findings of fact, based on the evidence.
34 (8) Prior to the hearing, conduct any pre-hearings
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1 that may be necessary.
2 (9) Conduct in camera interviews with children when
3 requested by a child or the child's guardian ad litem.
4 In counties with a population of 3,000,000 or more,
5 hearing officers shall also be authorized to do the
6 following:
7 (10) Accept specific consents for adoption or
8 surrenders of parental rights from a parent or parents.
9 (11) Conduct hearings on the progress made toward
10 the permanency goal set for the minor.
11 (12) Perform other duties as assigned by the court.
12 (b) The hearing officer shall consider evidence and
13 conduct the permanency hearings as set forth in subsections
14 (2) and (3) of Section 2-28 of this Act in accordance with
15 the standards set forth therein. The hearing officer shall
16 assure that a verbatim record of the proceedings is made and
17 retained for a period of 12 months or until the next
18 permanency hearing, whichever date is later, and shall
19 preserve all documents and evidence for the record. The
20 hearing officer shall inform the participants of their
21 individual rights and responsibilities. The hearing officer
22 shall identify the issues to be reviewed under subsection (2)
23 of Section 2-28, consider all relevant facts, and receive or
24 request any additional information necessary to make
25 recommendations to the court. If a party fails to appear at
26 the hearing, the hearing officer may proceed to the
27 permanency hearing with the parties present at the hearing.
28 The hearing officer shall specifically note for the court the
29 absence of any parties. If all parties are present at the
30 permanency hearing, and the parties and the Department are in
31 agreement that the service plan and permanency goal are
32 appropriate or are in agreement that the permanency goal for
33 the child has been achieved, the hearing officer shall
34 prepare a recommended order, including findings of fact, to
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1 be submitted to the court, and all parties and the Department
2 shall sign the recommended order at the time of the hearing.
3 The recommended order will then be submitted to the court for
4 its immediate consideration and the entry of an appropriate
5 order.
6 The court may enter an order consistent with the
7 recommended order without further hearing or notice to the
8 parties, may refer the matter to the hearing officer for
9 further proceedings, or may hold such additional hearings as
10 the court deems necessary. All parties present at the
11 hearing and the Department shall be tendered a copy of the
12 court's order at the conclusion of the hearing.
13 (c) If one or more parties are not present at the
14 permanency hearing, or any party or the Department of
15 Children and Family Services objects to the hearing officer's
16 recommended order, including any findings of fact, the
17 hearing officer shall set the matter for a judicial
18 determination within 30 days of the permanency hearing for
19 the entry of the recommended order or for receipt of the
20 parties' objections. Any objections shall identify the
21 specific findings or recommendations that are contested, the
22 basis for the objections, and the evidence or applicable law
23 supporting the objection. The hearing officer shall mail a
24 copy of the recommended order to any non-attending parties,
25 together with a notice of the date and place of the judicial
26 determination and the right of the parties to present at that
27 time objections consistent with this subsection. The
28 recommended order and its contents may not be disclosed to
29 anyone other than the parties and the Department or other
30 agency unless otherwise specifically ordered by a judge of
31 the court.
32 Following the receipt of objections consistent with this
33 subsection from any party or the Department of Children and
34 Family Services to the hearing officer's recommended orders,
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1 the court shall make a judicial determination of those
2 portions of the order to which objections were made, and
3 shall enter an appropriate order. The court may refuse to
4 review any objections that fail to meet the requirements of
5 this subsection.
6 (d) The following are judicial functions and shall be
7 performed only by a circuit judge or associate judge:
8 (1) Review of the recommended orders of the hearing
9 officer and entry of orders the court deems appropriate.
10 (2) Conduct of judicial hearings on all pre-hearing
11 motions and other matters that require a court order and
12 entry of orders as the court deems appropriate.
13 (3) Conduct of judicial determinations on all
14 matters in which the parties or the Department of
15 Children and Family Services disagree with the hearing
16 officer's recommended orders under subsection (3).
17 (4) Issuance of rules to show cause, conduct of
18 contempt proceedings, and imposition of appropriate
19 sanctions or relief.
20 (Source: P.A. 89-17, eff. 5-31-95.)
21 (705 ILCS 405/2-29) (from Ch. 37, par. 802-29)
22 (Text of Section before amendment by P.A. 89-704)
23 Sec. 2-29. Adoption; appointment of guardian with power
24 to consent.
25 (1) A ward of the court under this Act, with the consent
26 of the court, may be the subject of a petition for adoption
27 under "An Act in relation to the adoption of persons, and to
28 repeal an Act therein named", approved July 17, 1959, as now
29 or hereafter amended, or with like consent his or her parent
30 or parents may, in the manner required by such Act, surrender
31 him or her for adoption to an agency legally authorized or
32 licensed to place children for adoption.
33 (2) If the petition prays and the court finds that it is
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1 in the best interest of the minor that a guardian of the
2 person be appointed and authorized to consent to the adoption
3 of the minor, the court with the consent of the parents, if
4 living, or after finding, based upon clear and convincing
5 evidence, that a non-consenting parent is an unfit person as
6 defined in Section 1 of "An Act in relation to the adoption
7 of persons, and to repeal an Act therein named", approved
8 July 17, 1959, as amended, may empower the guardian of the
9 person of the minor, in the order appointing him or her as
10 such guardian, to appear in court where any proceedings for
11 the adoption of the minor may at any time be pending and to
12 consent to the adoption. Such consent is sufficient to
13 authorize the court in the adoption proceedings to enter a
14 proper order or judgment of adoption without further notice
15 to, or consent by, the parents of the minor. An order so
16 empowering the guardian to consent to adoption terminates
17 parental rights, deprives the parents of the minor of all
18 legal rights as respects the minor and relieves them of all
19 parental responsibility for him or her, and frees the minor
20 from all obligations of maintenance and obedience to his or
21 her natural parents.
22 If the minor is over 14 years of age, the court may, in
23 its discretion, consider the wishes of the minor in
24 determining whether the best interests of the minor would be
25 promoted by the finding of the unfitness of a non-consenting
26 parent.
27 (3) Parental consent to the order authorizing the
28 guardian of the person to consent to adoption of the minor
29 shall be given in open court whenever possible and otherwise
30 must be in writing and signed in the form provided in "An Act
31 in relation to the adoption of persons, and to repeal an Act
32 therein named", approved July 17, 1959, as now or hereafter
33 amended, but no names of petitioners for adoption need be
34 included. A finding of the unfitness of a nonconsenting
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1 parent must be made in compliance with that Act and be based
2 upon clear and convincing evidence. Provisions of that Act
3 relating to minor parents and to mentally ill or mentally
4 deficient parents apply to proceedings under this Section and
5 any findings with respect to such parents shall be based upon
6 clear and convincing evidence.
7 (Source: P.A. 85-601.)
8 (Text of Section after amendment by P.A. 89-704)
9 Sec. 2-29. Adoption; appointment of guardian with power
10 to consent.
11 (1) With leave of the court, a minor who is the subject
12 of an abuse, neglect, or dependency petition under this Act
13 may be the subject of a petition for adoption under the
14 Adoption Act.
15 (1.1) The parent or parents of a child in whose interest
16 a petition under Section 2-13 of this Act is pending may, in
17 the manner required by the Adoption Act, (a) surrender him or
18 her for adoption to an agency legally authorized or licensed
19 to place children for adoption, (b) consent to his or her
20 adoption, or (c) consent to his or her adoption by a
21 specified person or persons. Nothing in this Section requires
22 that the parent or parents execute the surrender, consent, or
23 consent to adoption by a specified person in open court.
24 (2) If a petition or motion alleges petition prays and
25 the court finds that it is in the best interest of the minor
26 that parental rights be terminated and the petition or motion
27 requests that a guardian of the person be appointed and
28 authorized to consent to the adoption of the minor, the
29 court, with the consent agreement of the parents, if living,
30 or after finding, based upon clear and convincing evidence,
31 that a parent is an unfit person as defined in Section 1 of
32 the Adoption Act, may terminate parental rights and empower
33 the guardian of the person of the minor, in the order
34 appointing him or her as such guardian, to appear in court
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1 where any proceedings for the adoption of the minor may at
2 any time be pending and to consent to the adoption. Such
3 consent is sufficient to authorize the court in the adoption
4 proceedings to enter a proper order or judgment of adoption
5 without further notice to, or consent by, the parents of the
6 minor. An order so empowering the guardian to consent to
7 adoption terminates parental rights, deprives the parents of
8 the minor of all legal rights as respects the minor and
9 relieves them of all parental responsibility for him or her,
10 and frees the minor from all obligations of maintenance and
11 obedience to his or her natural parents.
12 If the minor is over 14 years of age, the court may, in
13 its discretion, consider the wishes of the minor in
14 determining whether the best interests of the minor would be
15 promoted by the finding of the unfitness of a non-consenting
16 parent.
17 (3) Parental consent to the request for an order
18 terminating parental rights and authorizing the guardian of
19 the person to consent to adoption of the minor shall be made
20 in open court whenever possible and otherwise must be in
21 writing and signed in the form provided in the Adoption Act,
22 but no names of petitioners for adoption need be included.
23 (4) A finding of the unfitness of a parent must be made
24 in compliance with the Adoption Act, without regard to the
25 likelihood that the child will be placed for adoption, and be
26 based upon clear and convincing evidence. Provisions of the
27 Adoption Act relating to minor parents and to mentally ill or
28 mentally deficient parents apply to proceedings under this
29 Section and any findings with respect to such parents shall
30 be based upon clear and convincing evidence.
31 (Source: P.A. 89-704, eff. 1-1-98.)
32 (705 ILCS 405/2-31) (from Ch. 37, par. 802-31)
33 Sec. 2-31. Duration of wardship and discharge of
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1 proceedings.
2 (1) All proceedings under this Act in respect of any
3 minor for whom a petition was filed after the effective date
4 of this amendatory Act of 1991 automatically terminate upon
5 his attaining the age of 19 years, except that a court may
6 continue the wardship of a minor until age 21 for good cause
7 when there is satisfactory evidence presented to the court
8 and the court makes written factual findings that the health,
9 safety, and best interest of the minor and the public require
10 the continuation of the wardship.
11 (2) Whenever the court determines, and makes written
12 factual findings, that health, safety, and the best interests
13 of the minor and the public no longer require the wardship of
14 the court, the court shall order the wardship terminated and
15 all proceedings under this Act respecting that minor finally
16 closed and discharged. The court may at the same time
17 continue or terminate any custodianship or guardianship
18 theretofore ordered but the termination must be made in
19 compliance with Section 2-28.
20 (3) The wardship of the minor and any custodianship or
21 guardianship respecting the minor for whom a petition was
22 filed after the effective date of this amendatory Act of 1991
23 automatically terminates when he attains the age of 19 years
24 except as set forth in subsection (1) of this Section. The
25 clerk of the court shall at that time record all proceedings
26 under this Act as finally closed and discharged for that
27 reason.
28 (Source: P.A. 87-14; 88-7.)
29 Section 10-25. The Adoption Act is amended by changing
30 Section 1 as follows:
31 (750 ILCS 50/1) (from Ch. 40, par. 1501)
32 (Text of Section before amendment by P.A. 89-704)
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1 Sec. 1. Definitions. When used in this Act, unless the
2 context otherwise requires:
3 A. "Child" means a person under legal age subject to
4 adoption under this Act.
5 B. "Related child" means a child subject to adoption
6 where either or both of the adopting parents stands in any of
7 the following relationships to the child by blood or
8 marriage: parent, grand-parent, brother, sister, step-parent,
9 step-grandparent, step-brother, step-sister, uncle, aunt,
10 great-uncle, great-aunt, or cousin of first degree. A child
11 whose parent has executed a final irrevocable consent to
12 adoption or a final irrevocable surrender for purposes of
13 adoption, or whose parent has had his or her parental rights
14 terminated, is not a related child to that person.
15 C. "Agency" for the purpose of this Act means a public
16 child welfare agency or a licensed child welfare agency.
17 D. "Unfit person" means any person whom the court shall
18 find to be unfit to have a child, without regard to the
19 likelihood that the child will be placed for adoption. The
20 grounds of unfitness are any one or more of the following:
21 (a) Abandonment of the child.
22 (b) Failure to maintain a reasonable degree of
23 interest, concern or responsibility as to the child's
24 welfare.
25 (c) Desertion of the child for more than 3 months
26 next preceding the commencement of the Adoption
27 proceeding.
28 (d) Substantial neglect of the child if continuous
29 or repeated.
30 (e) Extreme or repeated cruelty to the child.
31 (f) Two or more findings of physical abuse to any
32 children under Section 4-8 of the Juvenile Court Act or
33 Section 2-21 of the Juvenile Court Act of 1987, the most
34 recent of which was determined by the juvenile court
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1 hearing the matter to be supported by clear and
2 convincing evidence; a criminal conviction resulting from
3 the death of any child by physical child abuse; or a
4 finding of physical child abuse resulting from the death
5 of any child under Section 4-8 of the Juvenile Court Act
6 or Section 2-21 of the Juvenile Court Act of 1987.
7 (g) Failure to protect the child from conditions
8 within his environment injurious to the child's welfare.
9 (h) Other neglect of, or misconduct toward the
10 child; provided that in making a finding of unfitness the
11 court hearing the adoption proceeding shall not be bound
12 by any previous finding, order or judgment affecting or
13 determining the rights of the parents toward the child
14 sought to be adopted in any other proceeding except such
15 proceedings terminating parental rights as shall be had
16 under either this Act, the Juvenile Court Act or the
17 Juvenile Court Act of 1987.
18 (i) Depravity.
19 (j) Open and notorious adultery or fornication.
20 (j-1) Conviction of first degree murder in
21 violation of paragraph 1 or 2 of subsection (a) of
22 Section 9-1 of the Criminal Code of 1961 or conviction of
23 second degree murder in violation of subsection (a) of
24 Section 9-2 of the Criminal Code of 1961 of a parent of
25 the child to be adopted shall create a presumption of
26 unfitness that may be overcome only by clear and
27 convincing evidence.
28 (k) Habitual drunkenness or addiction to drugs,
29 other than those prescribed by a physician, for at least
30 one year immediately prior to the commencement of the
31 unfitness proceeding.
32 (l) Failure to demonstrate a reasonable degree of
33 interest, concern or responsibility as to the welfare of
34 a new born child during the first 30 days after its
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1 birth.
2 (m) Failure by a parent to make reasonable efforts
3 to correct the conditions that were the basis for the
4 removal of the child from the parent, or to make
5 reasonable progress toward the return of the child to the
6 parent within 9 12 months after an adjudication of
7 neglected or minor, abused minor under Section 2-3 of the
8 Juvenile Court Act of 1987 or dependent minor under
9 Section 2-4 of that Act the Juvenile Court Act or the
10 Juvenile Court Act of 1987. If a service plan has been
11 established as required under Section 8.2 of the Abused
12 and Neglected Child Reporting Act to correct the
13 conditions that were the basis for the removal of the
14 child from the parent, then, for purposes of this Act,
15 "failure to make reasonable progress toward the return of
16 the child to the parent" includes failure to complete
17 that service plan within 12 months after the adjudication
18 under Section 2-3 or 2-4 of the Juvenile Court Act of
19 1987.
20 (n) Evidence of intent to forego his or her
21 parental rights, whether or not the child is a ward of
22 the court, (1) as manifested by his or her failure for a
23 period of 12 months: (i) to visit the child, (ii) to
24 communicate with the child or agency, although able to do
25 so and not prevented from doing so by an agency or by
26 court order, or (iii) to maintain contact with or plan
27 for the future of the child, although physically able to
28 do so, or (2) as manifested by the father's failure,
29 where he and the mother of the child were unmarried to
30 each other at the time of the child's birth, (i) to
31 commence legal proceedings to establish his paternity
32 under the Illinois Parentage Act of 1984 or the law of
33 the jurisdiction of the child's birth within 30 days of
34 being informed, pursuant to Section 12a of this Act, that
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1 he is the father or the likely father of the child or,
2 after being so informed where the child is not yet born,
3 within 30 days of the child's birth, or (ii) to make a
4 good faith effort to pay a reasonable amount of the
5 expenses related to the birth of the child and to provide
6 a reasonable amount for the financial support of the
7 child, the court to consider in its determination all
8 relevant circumstances, including the financial condition
9 of both parents; provided that the ground for termination
10 provided in this subparagraph (n)(2)(ii) shall only be
11 available where the petition is brought by the mother or
12 the husband of the mother.
13 Contact or communication by a parent with his or her
14 child that does not demonstrate affection and concern
15 does not constitute reasonable contact and planning under
16 subdivision (n). In the absence of evidence to the
17 contrary, the ability to visit, communicate, maintain
18 contact, pay expenses and plan for the future shall be
19 presumed. The subjective intent of the parent, whether
20 expressed or otherwise, unsupported by evidence of the
21 foregoing parental acts manifesting that intent, shall
22 not preclude a determination that the parent has intended
23 to forego his or her parental rights. In making this
24 determination, the court may consider but shall not
25 require a showing of diligent efforts by an authorized
26 agency to encourage the parent to perform the acts
27 specified in subdivision (n).
28 It shall be an affirmative defense to any allegation
29 under paragraph (2) of this subsection that the father's
30 failure was due to circumstances beyond his control or to
31 impediments created by the mother or any other person
32 having legal custody. Proof of that fact need only be by
33 a preponderance of the evidence.
34 (o) repeated or continuous failure by the parents,
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1 although physically and financially able, to provide the
2 child with adequate food, clothing, or shelter.
3 (p) inability to discharge parental
4 responsibilities supported by competent evidence from a
5 psychiatrist, licensed clinical social worker, or
6 clinical psychologist of mental impairment, mental
7 illness or mental retardation as defined in Section 1-116
8 of the Mental Health and Developmental Disabilities Code,
9 or developmental disability as defined in Section 1-106
10 of that Code, and there is sufficient justification to
11 believe that the inability to discharge parental
12 responsibilities shall extend beyond a reasonable time
13 period. However, this subdivision (p) shall not be
14 construed so as to permit a licensed clinical social
15 worker to conduct any medical diagnosis to determine
16 mental illness or mental impairment.
17 (q) a finding of physical abuse of the child under
18 Section 4-8 of the Juvenile Court Act or Section 2-21 of
19 the Juvenile Court Act of 1987 and a criminal conviction
20 of aggravated battery of the child.
21 E. "Parent" means the father or mother of a legitimate
22 or illegitimate child. For the purpose of this Act, a person
23 who has executed a final and irrevocable consent to adoption
24 or a final and irrevocable surrender for purposes of
25 adoption, or whose parental rights have been terminated by a
26 court, is not a parent of the child who was the subject of
27 the consent or surrender.
28 F. A person is available for adoption when the person
29 is:
30 (a) a child who has been surrendered for adoption
31 to an agency and to whose adoption the agency has
32 thereafter consented;
33 (b) a child to whose adoption a person authorized
34 by law, other than his parents, has consented, or to
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1 whose adoption no consent is required pursuant to Section
2 8 of this Act;
3 (c) a child who is in the custody of persons who
4 intend to adopt him through placement made by his
5 parents; or
6 (d) an adult who meets the conditions set forth in
7 Section 3 of this Act.
8 A person who would otherwise be available for adoption
9 shall not be deemed unavailable for adoption solely by reason
10 of his or her death.
11 G. The singular includes the plural and the plural
12 includes the singular and the "male" includes the "female",
13 as the context of this Act may require.
14 H. "Adoption disruption" occurs when an adoptive
15 placement does not prove successful and it becomes necessary
16 for the child to be removed from placement before the
17 adoption is finalized.
18 I. "Foreign placing agency" is an agency or individual
19 operating in a country or territory outside the United States
20 that is authorized by its country to place children for
21 adoption either directly with families in the United States
22 or through United States based international agencies.
23 J. "Immediate relatives" means the biological parents,
24 the parents of the biological parents and siblings of the
25 biological parents;
26 K. "Intercountry adoption" is a process by which a child
27 from a country other than the United States is adopted.
28 L. "Intercountry Adoption Coordinator" is a staff person
29 of the Department of Children and Family Services appointed
30 by the Director to coordinate the provision of services by
31 the public and private sector to prospective parents of
32 foreign-born children.
33 M. "Interstate Compact on the Placement of Children" is
34 a law enacted by most states for the purpose of establishing
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1 uniform procedures for handling the interstate placement of
2 children in foster homes, adoptive homes, or other child care
3 facilities.
4 N. "Non-Compact state" means a state that has not
5 enacted the Interstate Compact on the Placement of Children.
6 O. "Preadoption requirements" are any conditions
7 established by the laws or regulations of the Federal
8 Government or of each state that must be met prior to the
9 placement of a child in an adoptive home.
10 P. "Abused child" means a child whose parent or
11 immediate family member, or any person responsible for the
12 child's welfare, or any individual residing in the same home
13 as the child, or a paramour of the child's parent:
14 (a) inflicts, causes to be inflicted, or allows to
15 be inflicted upon the child physical injury, by other
16 than accidental means, that causes death, disfigurement,
17 impairment of physical or emotional health, or loss or
18 impairment of any bodily function;
19 (b) creates a substantial risk of physical injury
20 to the child by other than accidental means which would
21 be likely to cause death, disfigurement, impairment of
22 physical or emotional health, or loss or impairment of
23 any bodily function;
24 (c) commits or allows to be committed any sex
25 offense against the child, as sex offenses are defined in
26 the Criminal Code of 1961 and extending those definitions
27 of sex offenses to include children under 18 years of
28 age;
29 (d) commits or allows to be committed an act or
30 acts of torture upon the child; or
31 (e) inflicts excessive corporal punishment.
32 Q. "Neglected child" means any child whose parent or
33 other person responsible for the child's welfare withholds or
34 denies nourishment or medically indicated treatment including
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1 food or care denied solely on the basis of the present or
2 anticipated mental or physical impairment as determined by a
3 physician acting alone or in consultation with other
4 physicians or otherwise does not provide the proper or
5 necessary support, education as required by law, or medical
6 or other remedial care recognized under State law as
7 necessary for a child's well-being, or other care necessary
8 for his or her well-being, including adequate food, clothing
9 and shelter; or who is abandoned by his or her parents or
10 other person responsible for the child's welfare.
11 A child shall not be considered neglected or abused for
12 the sole reason that the child's parent or other person
13 responsible for his or her welfare depends upon spiritual
14 means through prayer alone for the treatment or cure of
15 disease or remedial care as provided under Section 4 of the
16 Abused and Neglected Child Reporting Act.
17 R. "Putative father" means a man who may be a child's
18 father, but who (1) is not married to the child's mother on
19 or before the date that the child was or is to be born and
20 (2) has not established paternity of the child in a court
21 proceeding before the filing of a petition for the adoption
22 of the child. The term includes a male who is less than 18
23 years of age.
24 (Source: P.A. 88-20; 88-550, eff. 7-3-94; 88-691, eff.
25 1-24-95; 89-235, eff. 8-4-95.)
26 (Text of Section after amendment by P.A. 89-704)
27 Sec. 1. Definitions. When used in this Act, unless the
28 context otherwise requires:
29 A. "Child" means a person under legal age subject to
30 adoption under this Act.
31 B. "Related child" means a child subject to adoption
32 where either or both of the adopting parents stands in any of
33 the following relationships to the child by blood or
34 marriage: parent, grand-parent, brother, sister, step-parent,
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1 step-grandparent, step-brother, step-sister, uncle, aunt,
2 great-uncle, great-aunt, or cousin of first degree. A child
3 whose parent has executed a final irrevocable consent to
4 adoption or a final irrevocable surrender for purposes of
5 adoption, or whose parent has had his or her parental rights
6 terminated, is not a related child to that person, unless the
7 consent is determined to be void or is void pursuant to
8 subsection O of Section 10.
9 C. "Agency" for the purpose of this Act means a public
10 child welfare agency or a licensed child welfare agency.
11 D. "Unfit person" means any person whom the court shall
12 find to be unfit to have a child, without regard to the
13 likelihood that the child will be placed for adoption. The
14 grounds of unfitness are any one or more of the following:
15 (a) Abandonment of the child.
16 (a-1) Abandonment of a newborn infant in a
17 hospital.
18 (a-2) Abandonment of a newborn infant in any
19 setting where the evidence suggests that the parent
20 intended to relinquish his or her parental rights.
21 (b) Failure to maintain a reasonable degree of
22 interest, concern or responsibility as to the child's
23 welfare.
24 (c) Desertion of the child for more than 3 months
25 next preceding the commencement of the Adoption
26 proceeding.
27 (d) Substantial neglect of the child if continuous
28 or repeated.
29 (d-1) Substantial neglect, if continuous or
30 repeated, of any child residing in the household which
31 resulted in the death of that child.
32 (e) Extreme or repeated cruelty to the child.
33 (f) Two or more findings of physical abuse to any
34 children under Section 4-8 of the Juvenile Court Act or
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1 Section 2-21 of the Juvenile Court Act of 1987, the most
2 recent of which was determined by the juvenile court
3 hearing the matter to be supported by clear and
4 convincing evidence; a criminal conviction or a finding
5 of not guilty by reason of insanity resulting from the
6 death of any child by physical child abuse; or a finding
7 of physical child abuse resulting from the death of any
8 child under Section 4-8 of the Juvenile Court Act or
9 Section 2-21 of the Juvenile Court Act of 1987.
10 (g) Failure to protect the child from conditions
11 within his environment injurious to the child's welfare.
12 (h) Other neglect of, or misconduct toward the
13 child; provided that in making a finding of unfitness the
14 court hearing the adoption proceeding shall not be bound
15 by any previous finding, order or judgment affecting or
16 determining the rights of the parents toward the child
17 sought to be adopted in any other proceeding except such
18 proceedings terminating parental rights as shall be had
19 under either this Act, the Juvenile Court Act or the
20 Juvenile Court Act of 1987.
21 (i) Depravity.
22 (j) Open and notorious adultery or fornication.
23 (j-1) Conviction of any one of the following crimes
24 shall create a presumption of unfitness that may be
25 overcome only by clear and convincing evidence: (1) first
26 degree murder in violation of paragraph 1 or 2 of
27 subsection (a) of Section 9-1 of the Criminal Code of
28 1961 or conviction of second degree murder in violation
29 of subsection (a) of Section 9-2 of the Criminal Code of
30 1961 of a parent of the child to be adopted; (2) a
31 criminal conviction of first degree murder or second
32 degree murder of any child in violation of the Criminal
33 Code of 1961; (3) a criminal conviction of attempt or
34 conspiracy to commit first degree murder or second degree
HB0165 Engrossed -151- LRB9000741DJcd
1 murder of any child in violation of the Criminal Code of
2 1961; (4) a criminal conviction of solicitation to commit
3 murder of any child, solicitation to commit murder of any
4 child for hire, or solicitation to commit second degree
5 murder of any child in violation of the Criminal Code of
6 1961; (5) a criminal conviction of accountability for the
7 first or second degree murder of any child in violation
8 of the Criminal Code of 1961; or (6) a criminal
9 conviction of aggravated criminal sexual assault in
10 violation of Section 12-14(b)(1) of the Criminal Code of
11 1961 shall create a presumption of unfitness that may be
12 overcome only by clear and convincing evidence.
13 (k) Habitual drunkenness or addiction to drugs,
14 other than those prescribed by a physician, for at least
15 one year immediately prior to the commencement of the
16 unfitness proceeding.
17 (l) Failure to demonstrate a reasonable degree of
18 interest, concern or responsibility as to the welfare of
19 a new born child during the first 30 days after its
20 birth.
21 (m) Failure by a parent to make reasonable efforts
22 to correct the conditions that were the basis for the
23 removal of the child from the parent, or to make
24 reasonable progress toward the return of the child to the
25 parent within 9 12 months after an adjudication of
26 neglected or minor, abused minor under Section 2-3 of the
27 Juvenile Court Act of 1987 or dependent minor under
28 Section 2-4 of that Act the Juvenile Court Act or the
29 Juvenile Court Act of 1987. If a service plan has been
30 established as required under Section 8.2 of the Abused
31 and Neglected Child Reporting Act to correct the
32 conditions that were the basis for the removal of the
33 child from the parent, then, for purposes of this Act,
34 "failure to make reasonable progress toward the return of
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1 the child to the parent" includes failure to complete
2 that service plan within 9 months after the adjudication
3 under Section 2-3 or 2-4 of the Juvenile Court Act of
4 1987.
5 (n) Evidence of intent to forego his or her
6 parental rights, whether or not the child is a ward of
7 the court, (1) as manifested by his or her failure for a
8 period of 12 months: (i) to visit the child, (ii) to
9 communicate with the child or agency, although able to do
10 so and not prevented from doing so by an agency or by
11 court order, or (iii) to maintain contact with or plan
12 for the future of the child, although physically able to
13 do so, or (2) as manifested by the father's failure,
14 where he and the mother of the child were unmarried to
15 each other at the time of the child's birth, (i) to
16 commence legal proceedings to establish his paternity
17 under the Illinois Parentage Act of 1984 or the law of
18 the jurisdiction of the child's birth within 30 days of
19 being informed, pursuant to Section 12a of this Act, that
20 he is the father or the likely father of the child or,
21 after being so informed where the child is not yet born,
22 within 30 days of the child's birth, or (ii) to make a
23 good faith effort to pay a reasonable amount of the
24 expenses related to the birth of the child and to provide
25 a reasonable amount for the financial support of the
26 child, the court to consider in its determination all
27 relevant circumstances, including the financial condition
28 of both parents; provided that the ground for termination
29 provided in this subparagraph (n)(2)(ii) shall only be
30 available where the petition is brought by the mother or
31 the husband of the mother.
32 Contact or communication by a parent with his or her
33 child that does not demonstrate affection and concern
34 does not constitute reasonable contact and planning under
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1 subdivision (n). In the absence of evidence to the
2 contrary, the ability to visit, communicate, maintain
3 contact, pay expenses and plan for the future shall be
4 presumed. The subjective intent of the parent, whether
5 expressed or otherwise, unsupported by evidence of the
6 foregoing parental acts manifesting that intent, shall
7 not preclude a determination that the parent has intended
8 to forego his or her parental rights. In making this
9 determination, the court may consider but shall not
10 require a showing of diligent efforts by an authorized
11 agency to encourage the parent to perform the acts
12 specified in subdivision (n).
13 It shall be an affirmative defense to any allegation
14 under paragraph (2) of this subsection that the father's
15 failure was due to circumstances beyond his control or to
16 impediments created by the mother or any other person
17 having legal custody. Proof of that fact need only be by
18 a preponderance of the evidence.
19 (o) Repeated or continuous failure by the parents,
20 although physically and financially able, to provide the
21 child with adequate food, clothing, or shelter.
22 (p) Inability to discharge parental
23 responsibilities supported by competent evidence from a
24 psychiatrist, licensed clinical social worker, or
25 clinical psychologist of mental impairment, mental
26 illness or mental retardation as defined in Section 1-116
27 of the Mental Health and Developmental Disabilities Code,
28 or developmental disability as defined in Section 1-106
29 of that Code, and there is sufficient justification to
30 believe that the inability to discharge parental
31 responsibilities shall extend beyond a reasonable time
32 period. However, this subdivision (p) shall not be
33 construed so as to permit a licensed clinical social
34 worker to conduct any medical diagnosis to determine
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1 mental illness or mental impairment.
2 (q) A finding of physical abuse of the child under
3 Section 4-8 of the Juvenile Court Act or Section 2-21 of
4 the Juvenile Court Act of 1987 and a criminal conviction
5 of aggravated battery of the child.
6 (r) The child is in the temporary custody or
7 guardianship of the Department of Children and Family
8 Services, the parent is incarcerated as a result of
9 criminal conviction at the time the petition or motion
10 for termination of parental rights is filed, prior to
11 incarceration the parent had little or no contact with
12 the child or provided little or no support for the child,
13 and the parent's incarceration will prevent the parent
14 from discharging his or her parental responsibilities for
15 the child for a period in excess of 2 years after the
16 filing of the petition or motion for termination of
17 parental rights.
18 (s) The child is in the temporary custody or
19 guardianship of the Department of Children and Family
20 Services, the parent is incarcerated at the time the
21 petition or motion for termination of parental rights is
22 filed, the parent has been repeatedly incarcerated as a
23 result of criminal convictions, and the parent's repeated
24 incarceration has prevented the parent from discharging
25 his or her parental responsibilities for the child.
26 E. "Parent" means the father or mother of a legitimate
27 or illegitimate child. For the purpose of this Act, a person
28 who has executed a final and irrevocable consent to adoption
29 or a final and irrevocable surrender for purposes of
30 adoption, or whose parental rights have been terminated by a
31 court, is not a parent of the child who was the subject of
32 the consent or surrender, unless the consent is void pursuant
33 to subsection O of Section 10.
34 F. A person is available for adoption when the person
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1 is:
2 (a) a child who has been surrendered for adoption
3 to an agency and to whose adoption the agency has
4 thereafter consented;
5 (b) a child to whose adoption a person authorized
6 by law, other than his parents, has consented, or to
7 whose adoption no consent is required pursuant to Section
8 8 of this Act;
9 (c) a child who is in the custody of persons who
10 intend to adopt him through placement made by his
11 parents;
12 (c-1) a child for whom a parent has signed a
13 specific consent pursuant to subsection O of Section 10;
14 or
15 (d) an adult who meets the conditions set forth in
16 Section 3 of this Act.
17 A person who would otherwise be available for adoption
18 shall not be deemed unavailable for adoption solely by reason
19 of his or her death.
20 G. The singular includes the plural and the plural
21 includes the singular and the "male" includes the "female",
22 as the context of this Act may require.
23 H. "Adoption disruption" occurs when an adoptive
24 placement does not prove successful and it becomes necessary
25 for the child to be removed from placement before the
26 adoption is finalized.
27 I. "Foreign placing agency" is an agency or individual
28 operating in a country or territory outside the United States
29 that is authorized by its country to place children for
30 adoption either directly with families in the United States
31 or through United States based international agencies.
32 J. "Immediate relatives" means the biological parents,
33 the parents of the biological parents and siblings of the
34 biological parents;
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1 K. "Intercountry adoption" is a process by which a child
2 from a country other than the United States is adopted.
3 L. "Intercountry Adoption Coordinator" is a staff person
4 of the Department of Children and Family Services appointed
5 by the Director to coordinate the provision of services by
6 the public and private sector to prospective parents of
7 foreign-born children.
8 M. "Interstate Compact on the Placement of Children" is
9 a law enacted by most states for the purpose of establishing
10 uniform procedures for handling the interstate placement of
11 children in foster homes, adoptive homes, or other child care
12 facilities.
13 N. "Non-Compact state" means a state that has not
14 enacted the Interstate Compact on the Placement of Children.
15 O. "Preadoption requirements" are any conditions
16 established by the laws or regulations of the Federal
17 Government or of each state that must be met prior to the
18 placement of a child in an adoptive home.
19 P. "Abused child" means a child whose parent or
20 immediate family member, or any person responsible for the
21 child's welfare, or any individual residing in the same home
22 as the child, or a paramour of the child's parent:
23 (a) inflicts, causes to be inflicted, or allows to
24 be inflicted upon the child physical injury, by other
25 than accidental means, that causes death, disfigurement,
26 impairment of physical or emotional health, or loss or
27 impairment of any bodily function;
28 (b) creates a substantial risk of physical injury
29 to the child by other than accidental means which would
30 be likely to cause death, disfigurement, impairment of
31 physical or emotional health, or loss or impairment of
32 any bodily function;
33 (c) commits or allows to be committed any sex
34 offense against the child, as sex offenses are defined in
HB0165 Engrossed -157- LRB9000741DJcd
1 the Criminal Code of 1961 and extending those definitions
2 of sex offenses to include children under 18 years of
3 age;
4 (d) commits or allows to be committed an act or
5 acts of torture upon the child; or
6 (e) inflicts excessive corporal punishment.
7 Q. "Neglected child" means any child whose parent or
8 other person responsible for the child's welfare withholds or
9 denies nourishment or medically indicated treatment including
10 food or care denied solely on the basis of the present or
11 anticipated mental or physical impairment as determined by a
12 physician acting alone or in consultation with other
13 physicians or otherwise does not provide the proper or
14 necessary support, education as required by law, or medical
15 or other remedial care recognized under State law as
16 necessary for a child's well-being, or other care necessary
17 for his or her well-being, including adequate food, clothing
18 and shelter; or who is abandoned by his or her parents or
19 other person responsible for the child's welfare.
20 A child shall not be considered neglected or abused for
21 the sole reason that the child's parent or other person
22 responsible for his or her welfare depends upon spiritual
23 means through prayer alone for the treatment or cure of
24 disease or remedial care as provided under Section 4 of the
25 Abused and Neglected Child Reporting Act.
26 R. "Putative father" means a man who may be a child's
27 father, but who (1) is not married to the child's mother on
28 or before the date that the child was or is to be born and
29 (2) has not established paternity of the child in a court
30 proceeding before the filing of a petition for the adoption
31 of the child. The term includes a male who is less than 18
32 years of age.
33 (Source: P.A. 88-20; 88-550, eff. 7-3-94; 88-691, eff.
34 1-24-95; 89-235, eff. 8-4-95; 89-704, eff. 1-1-98.)
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1 ARTICLE 90
2 Section 90-95. No acceleration or delay. Where this Act
3 makes changes in a statute that is represented in this Act by
4 text that is not yet or no longer in effect (for example, a
5 Section represented by multiple versions), the use of that
6 text does not accelerate or delay the taking effect of (i)
7 the changes made by this Act or (ii) provisions derived from
8 any other Public Act.
9 Section 90-99. Effective date. This Section and the
10 changes to subdivision (D)(m) of Section 1 of the Adoption
11 Act take effect upon becoming law.