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90_HB1350 705 ILCS 405/1-3 from Ch. 37, par. 801-3 Amends the Juvenile Court Act of 1987. Makes stylistic changes in the definition Section of the Act. LRB9003532RCks LRB9003532RCks 1 AN ACT to amend the Juvenile Court Act of 1987 by 2 changing Section 1-3. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Juvenile Court Act of 1987 is amended by 6 changing Section 1-3 as follows: 7 (705 ILCS 405/1-3) (from Ch. 37, par. 801-3) 8 Sec. 1-3. Definitions. Terms used in this Act, unless 9 the context otherwise requires, have the following meanings 10 ascribed to them: 11 (1) Adjudicatory hearing. "Adjudicatory hearing" means a 12 hearing to determine whether the allegations of a petition 13 under Section 2-13, 3-15 or 4-12 that a minor under 18 years 14 of age is abused, neglected or dependent, or requires 15 authoritative intervention, or addicted, respectively, are 16 supported by a preponderance of the evidence or whether the 17 allegations of a petition under Section 5-13 that a minor is 18 delinquent are proved beyond a reasonable doubt. 19 (2) Adult. "Adult" means a person 21 years of age or 20 older. 21 (3) Agency. "Agency" means a public or private child 22 care facility legally authorized or licensed by this State 23 for placement or institutional care or for both placement and 24 institutional care. 25 (4) Association. "Association" means any organization, 26 public or private, engaged in welfare functions which include 27 services to or on behalf of children but does not include 28 "agency" as herein defined. 29 (4.1) Chronic truant. "Chronic truant" shall have the 30 definition ascribed to it in Section 26-2a of The School 31 Code. -2- LRB9003532RCks 1 (5) Court. "Court" means the circuit court in a session 2 or division assigned to hear proceedings under this Act. 3 (6) Dispositional hearing. "Dispositional hearing" means 4 a hearing to determine whether a minor should be adjudged to 5 be a ward of the court, and to determine what order of 6 disposition should be made in respect to a minor adjudged to 7 be a ward of the court. 8 (7) Emancipated minor. "Emancipated minor" means any 9 minor 16 years of age or over who has been completely or 10 partially emancipated under the "Emancipation of Mature 11 Minors Act", enacted by the Eighty-First General Assembly, or 12 under this Act. 13 (8) Guardianship of the person. "Guardianship of the 14 person" of a minor means the duty and authority to act in the 15 best interests of the minor, subject to residual parental 16 rights and responsibilities, to make important decisions in 17 matters having a permanent effect on the life and development 18 of the minor and to be concerned with his or her general 19 welfare. It includes but is not necessarily limited to: 20 (a) the authority to consent to marriage, to 21 enlistment in the armed forces of the United States, or 22 to a major medical, psychiatric, and surgical treatment; 23 to represent the minor in legal actions; and to make 24 other decisions of substantial legal significance 25 concerning the minor; 26 (b) the authority and duty of reasonable 27 visitation, except to the extent that these have been 28 limited in the best interests of the minor by court 29 order; 30 (c) the rights and responsibilities of legal 31 custody except where legal custody has been vested in 32 another person or agency; and 33 (d) the power to consent to the adoption of the 34 minor, but only if expressly conferred on the guardian in -3- LRB9003532RCks 1 accordance with Section 2-29, 3-30, 4-27 or 5-31 of this 2 Act. 3 (9) Legal custody. "Legal custody" means the 4 relationship created by an order of court in the best 5 interests of the minor which imposes on the custodian the 6 responsibility of physical possession of a minor and the duty 7 to protect, train and discipline him and to provide him with 8 food, shelter, education and ordinary medical care, except as 9 these are limited by residual parental rights and 10 responsibilities and the rights and responsibilities of the 11 guardian of the person, if any. 12 (10) Minor. "Minor" means a person under the age of 21 13 years subject to this Act. 14 (11) Parents. "Parent" means the father or mother of a 15 child and includes any adoptive parent. It also includes the 16 father whose paternity is presumed or has been established 17 under the law of this or another jurisdiction. It does not 18 include a parent whose rights in respect to the minor have 19 been terminated in any manner provided by law. 20 (11.1) "Permanency goal" means a goal set by a service 21 plan or an administrative case review, including, but not 22 limited to, (i) remaining home, (ii) returning home to a 23 specified parent or guardian, (iii) adoption, (iv) successor 24 guardianship, (v) long-term relative foster care, (vi) other 25 long-term substitute care, when no other goal is appropriate, 26 or (vii) emancipation. 27 (11.2) "Permanency review hearing" means a hearing to 28 review and determine (i) the appropriateness of the 29 permanency goal in light of the permanency alternatives, (ii) 30 the appropriateness of the plan to achieve the goal, (iii) 31 the appropriateness of the services delivered and to be 32 delivered to effectuate the plan and goal, and (iv) the 33 efforts being made by all the parties to achieve the plan and 34 goal. -4- LRB9003532RCks 1 (12) Petition. "Petition" means the petition provided 2 for in Section 2-13, 3-15, 4-12 or 5-13 of this Act, 3 including any supplemental petitions thereunder. 4 (13) Residual parental rights and responsibilities. 5 "Residual parental rights and responsibilities" means those 6 rights and responsibilities remaining with the parent after 7 the transfer of legal custody or guardianship of the person, 8 including, but not necessarily limited to, the right to 9 reasonable visitation (which may be limited by the court in 10 the best interests of the minor as provided in subsection 11 (8)(b) of this Section), the right to consent to adoption, 12 the right to determine the minor's religious affiliation, and 13 the responsibility for his support. 14 (14) Shelter. "Shelter" means the temporary care of a 15 minor in physically unrestricting facilities pending court 16 disposition or execution of court order for placement. 17 (15) Station adjustment. "Station adjustment" means the 18 informal handling of an alleged offender by a juvenile police 19 officer. 20 (16) Ward of the court. "Ward of the court" means a 21 minor who is so adjudged under Section 2-22, 3-23, 4-20 or 22 5-22 of this Act, after a finding of the requisite 23 jurisdictional facts, and thus is subject to the 24 dispositional powers of the court under this Act. 25 (17) Juvenile police officer. "Juvenile police officer" 26 means a sworn police officer who has completed a Basic 27 Recruit Training Course, has been assigned to the position of 28 juvenile police officer by his or her chief law enforcement 29 officer and has completed the necessary juvenile officers 30 training as prescribed by the Illinois Law Enforcement 31 Training Standards Board, or in the case of a State police 32 officer, juvenile officer training approved by the Director 33 of the Department of State Police. 34 (Source: P.A. 88-7, Sec. 5; 88-7, Sec. 15; 88-487; 88-586, -5- LRB9003532RCks 1 eff. 8-12-94; 88-670, eff. 12-2-94.)