[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ House Amendment 002 ] |
90_HB2174ham001
LRB9003655RCksam
1 AMENDMENT TO HOUSE BILL 2174
2 AMENDMENT NO. . Amend House Bill 2174 by replacing
3 the title with the following:
4 "AN ACT to amend the Juvenile Court Act of 1987 by
5 changing Section 2-14."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Juvenile Court Act of 1987 is amended by
9 changing Section 2-14 as follows:
10 (705 ILCS 405/2-14) (from Ch. 37, par. 802-14)
11 Sec. 2-14. Date for Adjudicatory Hearing.
12 (a) Purpose and policy. The legislature recognizes that
13 serious delay in the adjudication of abuse, neglect, or
14 dependency cases can cause grave harm to the minor and the
15 family and that it frustrates the best interests of the minor
16 and the effort to establish permanent homes for children in
17 need. The purpose of this Section is to insure that,
18 consistent with the federal Adoption Assistance and Child
19 Welfare Act of 1980, Public Law 96-272, as amended, and the
20 intent of this Act, the State of Illinois will act in a just
21 and speedy manner to determine the best interests of the
-2- LRB9003655RCksam
1 minor, including providing for the safety of the minor,
2 identifying families in need, reunifying families where it is
3 in the best interests of the minor, and, if reunification is
4 not in the best interests of the minor, finding another
5 permanent home for the minor.
6 (b) When a petition is filed alleging that the minor is
7 abused, neglected or dependent, an adjudicatory hearing shall
8 begin be held within 90 days of the date of service of
9 process upon the minor, parents, any guardian and any legal
10 custodian.
11 (c) Upon written motion of a party filed no later than
12 10 days prior to hearing, or upon the court's own motion and
13 only for good cause shown, the Court may continue the hearing
14 for a period not to exceed 30 days, and only if the
15 continuance is in the best interests of the minor. When the
16 court grants a continuance, it shall enter specific factual
17 findings to support its order, including factual findings
18 supporting the court's determination that the continuance is
19 in the best interests of the minor. Only one such continuance
20 shall be granted. A period of continuance for good cause as
21 described in this Section shall temporarily suspend as to all
22 parties, for the time of the delay, the period within which a
23 hearing must be held. On the day of the expiration of the
24 delay, the period shall continue at the point at which it was
25 suspended.
26 The term "good cause" as applied in this Section shall be
27 strictly construed and be in accordance with Supreme Court
28 Rule 231 (a) through (f). Neither stipulation by counsel nor
29 the convenience of any party constitutes good cause. If the
30 adjudicatory hearing is not heard within the time limits
31 required by subsection (b) or (c) of this Section, upon
32 motion by any party the petition shall be dismissed without
33 prejudice.
34 (d) The time limits of this Section may be waived only
-3- LRB9003655RCksam
1 by consent of all parties and approval by the court.
2 (e) For all cases filed before July 1, 1991, an
3 adjudicatory hearing must, be held within 180 days of July 1,
4 1991.
5 (Source: P.A. 88-7.)".