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| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
90_HB2174ham002
LRB9003655RCksam02
1 AMENDMENT TO HOUSE BILL 2174
2 AMENDMENT NO. . Amend House Bill 2174, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
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
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1 permanent home for the minor.
2 (b) When a petition is filed alleging that the minor is
3 abused, neglected or dependent, an adjudicatory hearing shall
4 be commenced held within 90 days of the date of service of
5 process upon the minor, parents, any guardian and any legal
6 custodian. Once commenced, subsequent delay in the
7 proceedings may be allowed by the court when necessary to
8 ensure a fair hearing.
9 (c) Upon written motion of a party filed no later than
10 10 days prior to hearing, or upon the court's own motion and
11 only for good cause shown, the Court may continue the hearing
12 for a period not to exceed 30 days, and only if the
13 continuance is in the best interests of the minor. When the
14 court grants a continuance, it shall enter specific factual
15 findings to support its order, including factual findings
16 supporting the court's determination that the continuance is
17 in the best interests of the minor. Only one such continuance
18 shall be granted. A period of continuance for good cause as
19 described in this Section shall temporarily suspend as to all
20 parties, for the time of the delay, the period within which a
21 hearing must be held. On the day of the expiration of the
22 delay, the period shall continue at the point at which it was
23 suspended.
24 The term "good cause" as applied in this Section shall be
25 strictly construed and be in accordance with Supreme Court
26 Rule 231 (a) through (f). Neither stipulation by counsel nor
27 the convenience of any party constitutes good cause. If the
28 adjudicatory hearing is not heard within the time limits
29 required by subsection (b) or (c) of this Section, upon
30 motion by any party the petition shall be dismissed without
31 prejudice.
32 (d) The time limits of this Section may be waived only
33 by consent of all parties and approval by the court.
34 (e) For all cases filed before July 1, 1991, an
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1 adjudicatory hearing must, be held within 180 days of July 1,
2 1991.
3 (Source: P.A. 88-7.)".