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90_HB2174eng
705 ILCS 405/5-1 from Ch. 37, par. 805-1
Amends the Juvenile Court Act of 1987. Makes a technical
change in jurisdictional facts Section relating to delinquent
minors.
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1 AN ACT to amend the Juvenile Court Act of 1987 by
2 changing Section 2-14.
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 2-14 as follows:
7 (705 ILCS 405/2-14) (from Ch. 37, par. 802-14)
8 Sec. 2-14. Date for Adjudicatory Hearing.
9 (a) Purpose and policy. The legislature recognizes that
10 serious delay in the adjudication of abuse, neglect, or
11 dependency cases can cause grave harm to the minor and the
12 family and that it frustrates the best interests of the minor
13 and the effort to establish permanent homes for children in
14 need. The purpose of this Section is to insure that,
15 consistent with the federal Adoption Assistance and Child
16 Welfare Act of 1980, Public Law 96-272, as amended, and the
17 intent of this Act, the State of Illinois will act in a just
18 and speedy manner to determine the best interests of the
19 minor, including providing for the safety of the minor,
20 identifying families in need, reunifying families where it is
21 in the best interests of the minor, and, if reunification is
22 not in the best interests of the minor, finding another
23 permanent home for the minor.
24 (b) When a petition is filed alleging that the minor is
25 abused, neglected or dependent, an adjudicatory hearing shall
26 be commenced held within 90 days of the date of service of
27 process upon the minor, parents, any guardian and any legal
28 custodian. Once commenced, subsequent delay in the
29 proceedings may be allowed by the court when necessary to
30 ensure a fair hearing.
31 (c) Upon written motion of a party filed no later than
HB2174 Engrossed -2- LRB9003655RCks
1 10 days prior to hearing, or upon the court's own motion and
2 only for good cause shown, the Court may continue the hearing
3 for a period not to exceed 30 days, and only if the
4 continuance is in the best interests of the minor. When the
5 court grants a continuance, it shall enter specific factual
6 findings to support its order, including factual findings
7 supporting the court's determination that the continuance is
8 in the best interests of the minor. Only one such continuance
9 shall be granted. A period of continuance for good cause as
10 described in this Section shall temporarily suspend as to all
11 parties, for the time of the delay, the period within which a
12 hearing must be held. On the day of the expiration of the
13 delay, the period shall continue at the point at which it was
14 suspended.
15 The term "good cause" as applied in this Section shall be
16 strictly construed and be in accordance with Supreme Court
17 Rule 231 (a) through (f). Neither stipulation by counsel nor
18 the convenience of any party constitutes good cause. If the
19 adjudicatory hearing is not heard within the time limits
20 required by subsection (b) or (c) of this Section, upon
21 motion by any party the petition shall be dismissed without
22 prejudice.
23 (d) The time limits of this Section may be waived only
24 by consent of all parties and approval by the court.
25 (e) For all cases filed before July 1, 1991, an
26 adjudicatory hearing must, be held within 180 days of July 1,
27 1991.
28 (Source: P.A. 88-7.)