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90_HB3665eng
705 ILCS 405/1-2 from Ch. 37, par. 801-2
Amends the Juvenile Court Act of 1987. Makes stylistic
changes to the purpose and policy Section of the Act.
LRB9010727RCpc
HB3665 Engrossed LRB9010727RCpc
1 AN ACT regarding children, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Children and Family Services Act is
5 amended by changing Sections 5 and 8 as follows:
6 (20 ILCS 505/5) (from Ch. 23, par. 5005)
7 Sec. 5. Direct child welfare services; Department of
8 Children and Family Services. To provide direct child welfare
9 services when not available through other public or private
10 child care or program facilities.
11 (a) For purposes of this Section:
12 (1) "Children" means persons found within the State
13 who are under the age of 18 years. The term also
14 includes persons under age 19 who:
15 (A) were committed to the Department pursuant
16 to the Juvenile Court Act or the Juvenile Court Act
17 of 1987, as amended, prior to the age of 18 and who
18 continue under the jurisdiction of the court; or
19 (B) were accepted for care, service and
20 training by the Department prior to the age of 18
21 and whose best interest in the discretion of the
22 Department would be served by continuing that care,
23 service and training because of severe emotional
24 disturbances, physical disability, social adjustment
25 or any combination thereof, or because of the need
26 to complete an educational or vocational training
27 program.
28 (2) "Homeless youth" means persons found within the
29 State who are under the age of 19, are not in a safe and
30 stable living situation and cannot be reunited with their
31 families.
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1 (3) "Child welfare services" means public social
2 services which are directed toward the accomplishment of
3 the following purposes:
4 (A) protecting and promoting the health,
5 safety and welfare of children, including homeless,
6 dependent or neglected children;
7 (B) remedying, or assisting in the solution of
8 problems which may result in, the neglect, abuse,
9 exploitation or delinquency of children;
10 (C) preventing the unnecessary separation of
11 children from their families by identifying family
12 problems, assisting families in resolving their
13 problems, and preventing the breakup of the family
14 where the prevention of child removal is desirable
15 and possible when the child can be cared for at home
16 without endangering the child's health and safety;
17 (D) restoring to their families children who
18 have been removed, by the provision of services to
19 the child and the families when the child can be
20 cared for at home without endangering the child's
21 health and safety;
22 (E) placing children in suitable adoptive
23 homes, in cases where restoration to the biological
24 family is not safe, possible or appropriate;
25 (F) assuring safe and adequate care of
26 children away from their homes, in cases where the
27 child cannot be returned home or cannot be placed
28 for adoption. At the time of placement, the
29 Department shall consider concurrent planning, as
30 described in subsection (l-1) of this Section so
31 that permanency may occur at the earliest
32 opportunity. Consideration should be given so that
33 if reunification fails or is delayed, the placement
34 made is the best available placement to provide
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1 permanency for the child;
2 (G) (blank);
3 (H) (blank); and
4 (I) placing and maintaining children in
5 facilities that provide separate living quarters for
6 children under the age of 18 and for children 18
7 years of age and older, unless a child 18 years of
8 age is in the last year of high school education or
9 vocational training, in an approved individual or
10 group treatment program, or in a licensed shelter
11 facility. The Department is not required to place or
12 maintain children:
13 (i) who are in a foster home, or
14 (ii) who are persons with a developmental
15 disability, as defined in the Mental Health and
16 Developmental Disabilities Code, or
17 (iii) who are female children who are
18 pregnant, pregnant and parenting or parenting,
19 or
20 (iv) who are siblings,
21 in facilities that provide separate living quarters
22 for children 18 years of age and older and for
23 children under 18 years of age.
24 (b) Nothing in this Section shall be construed to
25 authorize the expenditure of public funds for the purpose of
26 performing abortions.
27 (c) The Department shall establish and maintain
28 tax-supported child welfare services and extend and seek to
29 improve voluntary services throughout the State, to the end
30 that services and care shall be available on an equal basis
31 throughout the State to children requiring such services.
32 (d) The Director may authorize advance disbursements for
33 any new program initiative to any agency contracting with the
34 Department. As a prerequisite for an advance disbursement,
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1 the contractor must post a surety bond in the amount of the
2 advance disbursement and have a purchase of service contract
3 approved by the Department. The Department may pay up to 2
4 months operational expenses in advance. The amount of the
5 advance disbursement shall be prorated over the life of the
6 contract or the remaining months of the fiscal year,
7 whichever is less, and the installment amount shall then be
8 deducted from future bills. Advance disbursement
9 authorizations for new initiatives shall not be made to any
10 agency after that agency has operated during 2 consecutive
11 fiscal years. The requirements of this Section concerning
12 advance disbursements shall not apply with respect to the
13 following: payments to local public agencies for child day
14 care services as authorized by Section 5a of this Act; and
15 youth service programs receiving grant funds under Section
16 17a-4.
17 (e) (Blank).
18 (f) (Blank).
19 (g) The Department shall establish rules and regulations
20 concerning its operation of programs designed to meet the
21 goals of child safety and protection, family preservation,
22 family reunification, and adoption, including but not limited
23 to:
24 (1) adoption;
25 (2) foster care;
26 (3) family counseling;
27 (4) protective services;
28 (5) (blank);
29 (6) homemaker service;
30 (7) return of runaway children;
31 (8) (blank);
32 (9) placement under Section 5-7 of the Juvenile
33 Court Act or Section 2-27, 3-28, 4-25 or 5-29 of the
34 Juvenile Court Act of 1987 in accordance with the federal
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1 Adoption Assistance and Child Welfare Act of 1980; and
2 (10) interstate services.
3 Rules and regulations established by the Department shall
4 include provisions for training Department staff and the
5 staff of Department grantees, through contracts with other
6 agencies or resources, in alcohol and drug abuse screening
7 techniques to identify children and adults who should be
8 referred to an alcohol and drug abuse treatment program for
9 professional evaluation.
10 (h) If the Department finds that there is no appropriate
11 program or facility within or available to the Department for
12 a ward and that no licensed private facility has an adequate
13 and appropriate program or none agrees to accept the ward,
14 the Department shall create an appropriate individualized,
15 program-oriented plan for such ward. The plan may be
16 developed within the Department or through purchase of
17 services by the Department to the extent that it is within
18 its statutory authority to do.
19 (i) Service programs shall be available throughout the
20 State and shall include but not be limited to the following
21 services:
22 (1) case management;
23 (2) homemakers;
24 (3) counseling;
25 (4) parent education;
26 (5) day care; and
27 (6) emergency assistance and advocacy.
28 In addition, the following services may be made available
29 to assess and meet the needs of children and families:
30 (1) comprehensive family-based services;
31 (2) assessments;
32 (3) respite care; and
33 (4) in-home health services.
34 The Department shall provide transportation for any of
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1 the services it makes available to children or families or
2 for which it refers children or families.
3 (j) The Department may provide categories of financial
4 assistance and education assistance grants, and shall
5 establish rules and regulations concerning the assistance and
6 grants, to persons who adopt physically or mentally
7 handicapped, older and other hard-to-place children who
8 immediately prior to their adoption were legal wards of the
9 Department. The Department may also provide categories of
10 financial assistance and education assistance grants, and
11 shall establish rules and regulations for the assistance and
12 grants, to persons appointed guardian of the person under
13 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
14 4-25 or 5-29 of the Juvenile Court Act of 1987 for children
15 who were wards of the Department for 12 months immediately
16 prior to the appointment of the successor guardian and for
17 whom the Department has set a goal of permanent family
18 placement with a foster family.
19 The amount of assistance may vary, depending upon the
20 needs of the child and the adoptive parents, as set forth in
21 the annual assistance agreement. Special purpose grants are
22 allowed where the child requires special service but such
23 costs may not exceed the amounts which similar services would
24 cost the Department if it were to provide or secure them as
25 guardian of the child.
26 Any financial assistance provided under this subsection
27 is inalienable by assignment, sale, execution, attachment,
28 garnishment, or any other remedy for recovery or collection
29 of a judgment or debt.
30 (k) The Department shall accept for care and training
31 any child who has been adjudicated neglected or abused, or
32 dependent committed to it pursuant to the Juvenile Court Act
33 or the Juvenile Court Act of 1987.
34 (l) Before July 1, 2000, the Department may provide, and
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1 beginning July 1, 2000, the Department shall provide, family
2 preservation services, as determined to be appropriate and in
3 the child's best interests and when the child will be safe
4 and not be in imminent risk of harm, to any family whose
5 child has been placed in substitute care, any persons who
6 have adopted a child and require post-adoption services, or
7 any persons whose child or children are at risk of being
8 placed outside their home as documented by an "indicated"
9 report of suspected child abuse or neglect determined
10 pursuant to the Abused and Neglected Child Reporting Act.
11 Nothing in this paragraph shall be construed to create a
12 private right of action or claim on the part of any
13 individual or child welfare agency.
14 The Department shall notify the child and his family of
15 the Department's responsibility to offer and provide family
16 preservation services as identified in the service plan. The
17 child and his family shall be eligible for services as soon
18 as the report is determined to be "indicated". The
19 Department may offer services to any child or family with
20 respect to whom a report of suspected child abuse or neglect
21 has been filed, prior to concluding its investigation under
22 Section 7.12 of the Abused and Neglected Child Reporting Act.
23 However, the child's or family's willingness to accept
24 services shall not be considered in the investigation. The
25 Department may also provide services to any child or family
26 who is the subject of any report of suspected child abuse or
27 neglect or may refer such child or family to services
28 available from other agencies in the community, even if the
29 report is determined to be unfounded, if the conditions in
30 the child's or family's home are reasonably likely to subject
31 the child or family to future reports of suspected child
32 abuse or neglect. Acceptance of such services shall be
33 voluntary.
34 The Department may, at its discretion except for those
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1 children also adjudicated neglected or dependent, accept for
2 care and training any child who has been adjudicated
3 addicted, as a truant minor in need of supervision or as a
4 minor requiring authoritative intervention, under the
5 Juvenile Court Act or the Juvenile Court Act of 1987, but no
6 such child shall be committed to the Department by any court
7 without the approval of the Department. A minor charged with
8 a criminal offense under the Criminal Code of 1961 or
9 adjudicated delinquent shall not be placed in the custody of
10 or committed to the Department by any court, except a minor
11 less than 13 years of age committed to the Department under
12 Section 5-23 of the Juvenile Court Act of 1987.
13 (l-1) The legislature recognizes that the best interests
14 of the child require that the child be placed in the most
15 permanent living arrangement as soon as is practically
16 possible. To achieve this goal, the legislature directs the
17 Department of Children and Family Services to conduct
18 concurrent planning so that permanency may occur at the
19 earliest opportunity. Permanent living arrangements may
20 include prevention of placement of a child outside the home
21 of the family when the child can be cared for at home without
22 endangering the child's health or safety; reunification with
23 the family, when safe and appropriate, if temporary placement
24 is necessary; or movement of the child toward the most
25 permanent living arrangement and permanent legal status.
26 When determining reasonable efforts to be made with
27 respect to a child, as described in this subsection, and in
28 making such reasonable efforts, the child's health and safety
29 shall be the paramount concern.
30 When a child is placed in foster care, the Department
31 shall ensure and document that reasonable efforts were made
32 to prevent or eliminate the need to remove the child from the
33 child's home. The Department must make reasonable efforts to
34 reunify the family when temporary placement of the child
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1 occurs unless otherwise required, pursuant to the Juvenile
2 Court Act of 1987 or must request a finding from the court
3 that reasonable efforts are not appropriate or have been
4 unsuccessful. At any time after the dispositional hearing
5 where the Department believes that further reunification
6 services would be ineffective, it may request a finding from
7 the court that reasonable efforts are no longer appropriate.
8 The Department is not required to provide further
9 reunification services after such a finding.
10 A decision to place a child in substitute care shall be
11 made with considerations of the child's health, safety, and
12 best interests. At the time of placement, consideration
13 should also be given so that if reunification fails or is
14 delayed, the placement made is the best available placement
15 to provide permanency for the child.
16 The Department shall adopt rules addressing concurrent
17 planning for reunification and permanency. The Department
18 shall consider the following factors when determining
19 appropriateness of concurrent planning:
20 (1) the likelihood of prompt reunification;
21 (2) the past history of the family;
22 (3) the barriers to reunification being addressed
23 by the family;
24 (4) the level of cooperation of the family;
25 (5) the foster parents' willingness to work with
26 the family to reunite;
27 (6) the willingness and ability of the foster
28 family to provide an adoptive home or long-term
29 placement;
30 (7) the age of the child;
31 (8) placement of siblings.
32 (m) The Department may assume temporary custody of any
33 child if:
34 (1) it has received a written consent to such
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1 temporary custody signed by the parents of the child or
2 by the parent having custody of the child if the parents
3 are not living together or by the guardian or custodian
4 of the child if the child is not in the custody of either
5 parent, or
6 (2) the child is found in the State and neither a
7 parent, guardian nor custodian of the child can be
8 located.
9 If the child is found in his or her residence without a
10 parent, guardian, custodian or responsible caretaker, the
11 Department may, instead of removing the child and assuming
12 temporary custody, place an authorized representative of the
13 Department in that residence until such time as a parent,
14 guardian or custodian enters the home and expresses a
15 willingness and apparent ability to ensure the child's health
16 and safety and resume permanent charge of the child, or until
17 a relative enters the home and is willing and able to ensure
18 the child's health and safety and assume charge of the child
19 until a parent, guardian or custodian enters the home and
20 expresses such willingness and ability to ensure the child's
21 safety and resume permanent charge. After a caretaker has
22 remained in the home for a period not to exceed 12 hours, the
23 Department must follow those procedures outlined in Section
24 2-9, 3-11, 4-8 or 5-9 of the Juvenile Court Act of 1987.
25 The Department shall have the authority, responsibilities
26 and duties that a legal custodian of the child would have
27 pursuant to subsection (9) of Section 1-3 of the Juvenile
28 Court Act of 1987. Whenever a child is taken into temporary
29 custody pursuant to an investigation under the Abused and
30 Neglected Child Reporting Act, or pursuant to a referral and
31 acceptance under the Juvenile Court Act of 1987 of a minor in
32 limited custody, the Department, during the period of
33 temporary custody and before the child is brought before a
34 judicial officer as required by Section 2-9, 3-11, 4-8 or 5-9
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1 of the Juvenile Court Act of 1987, shall have the authority,
2 responsibilities and duties that a legal custodian of the
3 child would have under subsection (9) of Section 1-3 of the
4 Juvenile Court Act of 1987.
5 The Department shall ensure that any child taken into
6 custody is scheduled for an appointment for a medical
7 examination.
8 A parent, guardian or custodian of a child in the
9 temporary custody of the Department who would have custody of
10 the child if he were not in the temporary custody of the
11 Department may deliver to the Department a signed request
12 that the Department surrender the temporary custody of the
13 child. The Department may retain temporary custody of the
14 child for 10 days after the receipt of the request, during
15 which period the Department may cause to be filed a petition
16 pursuant to the Juvenile Court Act of 1987. If a petition is
17 so filed, the Department shall retain temporary custody of
18 the child until the court orders otherwise. If a petition is
19 not filed within the 10 day period, the child shall be
20 surrendered to the custody of the requesting parent, guardian
21 or custodian not later than the expiration of the 10 day
22 period, at which time the authority and duties of the
23 Department with respect to the temporary custody of the child
24 shall terminate.
25 (n) The Department may place children under 18 years of
26 age in licensed child care facilities when in the opinion of
27 the Department, appropriate services aimed at family
28 preservation have been unsuccessful and cannot ensure the
29 child's health and safety or are unavailable and such
30 placement would be for their best interest. Payment for
31 board, clothing, care, training and supervision of any child
32 placed in a licensed child care facility may be made by the
33 Department, by the parents or guardians of the estates of
34 those children, or by both the Department and the parents or
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1 guardians, except that no payments shall be made by the
2 Department for any child placed in a licensed child care
3 facility for board, clothing, care, training and supervision
4 of such a child that exceed the average per capita cost of
5 maintaining and of caring for a child in institutions for
6 dependent or neglected children operated by the Department.
7 However, such restriction on payments does not apply in cases
8 where children require specialized care and treatment for
9 problems of severe emotional disturbance, physical
10 disability, social adjustment, or any combination thereof and
11 suitable facilities for the placement of such children are
12 not available at payment rates within the limitations set
13 forth in this Section. All reimbursements for services
14 delivered shall be absolutely inalienable by assignment,
15 sale, attachment, garnishment or otherwise.
16 (o) The Department shall establish an administrative
17 review and appeal process for children and families who
18 request or receive child welfare services from the
19 Department. Children who are wards of the Department and are
20 placed by private child welfare agencies, and foster families
21 with whom those children are placed, shall be afforded the
22 same procedural and appeal rights as children and families in
23 the case of placement by the Department, including the right
24 to an initial review of a private agency decision by that
25 agency. The Department shall insure that any private child
26 welfare agency, which accepts wards of the Department for
27 placement, affords those rights to children and foster
28 families. The Department shall accept for administrative
29 review and an appeal hearing a complaint made by a child or
30 foster family concerning a decision following an initial
31 review by a private child welfare agency. An appeal of a
32 decision concerning a change in the placement of a child
33 shall be conducted in an expedited manner.
34 (p) There is hereby created the Department of Children
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1 and Family Services Emergency Assistance Fund from which the
2 Department may provide special financial assistance to
3 families which are in economic crisis when such assistance is
4 not available through other public or private sources and the
5 assistance is deemed necessary to prevent dissolution of the
6 family unit or to reunite families which have been separated
7 due to child abuse and neglect. The Department shall
8 establish administrative rules specifying the criteria for
9 determining eligibility for and the amount and nature of
10 assistance to be provided. The Department may also enter
11 into written agreements with private and public social
12 service agencies to provide emergency financial services to
13 families referred by the Department. Special financial
14 assistance payments shall be available to a family no more
15 than once during each fiscal year and the total payments to a
16 family may not exceed $500 during a fiscal year.
17 (q) The Department may receive and use, in their
18 entirety, for the benefit of children any gift, donation or
19 bequest of money or other property which is received on
20 behalf of such children, or any financial benefits to which
21 such children are or may become entitled while under the
22 jurisdiction or care of the Department.
23 The Department shall set up and administer no-cost,
24 interest-bearing savings accounts in appropriate financial
25 institutions ("individual accounts") for children for whom
26 the Department is legally responsible and who have been
27 determined eligible for Veterans' Benefits, Social Security
28 benefits, assistance allotments from the armed forces, court
29 ordered payments, parental voluntary payments, Supplemental
30 Security Income, Railroad Retirement payments, Black Lung
31 benefits, or other miscellaneous payments. Interest earned
32 by each individual account shall be credited to the account,
33 unless disbursed in accordance with this subsection.
34 In disbursing funds from children's individual accounts,
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1 the Department shall:
2 (1) Establish standards in accordance with State
3 and federal laws for disbursing money from children's
4 individual accounts. In all circumstances, the
5 Department's "Guardianship Administrator" or his or her
6 designee must approve disbursements from children's
7 individual accounts. The Department shall be responsible
8 for keeping complete records of all disbursements for
9 each individual account for any purpose.
10 (2) Calculate on a monthly basis the amounts paid
11 from State funds for the child's board and care, medical
12 care not covered under Medicaid, and social services; and
13 utilize funds from the child's individual account, as
14 covered by regulation, to reimburse those costs.
15 Monthly, disbursements from all children's individual
16 accounts, up to 1/12 of $13,000,000, shall be deposited
17 by the Department into the General Revenue Fund and the
18 balance over 1/12 of $13,000,000 into the DCFS Children's
19 Services Fund.
20 (3) Maintain any balance remaining after
21 reimbursing for the child's costs of care, as specified
22 in item (2). The balance shall accumulate in accordance
23 with relevant State and federal laws and shall be
24 disbursed to the child or his or her guardian, or to the
25 issuing agency.
26 (r) The Department shall promulgate regulations
27 encouraging all adoption agencies to voluntarily forward to
28 the Department or its agent names and addresses of all
29 persons who have applied for and have been approved for
30 adoption of a hard-to-place or handicapped child and the
31 names of such children who have not been placed for adoption.
32 A list of such names and addresses shall be maintained by the
33 Department or its agent, and coded lists which maintain the
34 confidentiality of the person seeking to adopt the child and
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1 of the child shall be made available, without charge, to
2 every adoption agency in the State to assist the agencies in
3 placing such children for adoption. The Department may
4 delegate to an agent its duty to maintain and make available
5 such lists. The Department shall ensure that such agent
6 maintains the confidentiality of the person seeking to adopt
7 the child and of the child.
8 (s) The Department of Children and Family Services may
9 establish and implement a program to reimburse Department and
10 private child welfare agency foster parents licensed by the
11 Department of Children and Family Services for damages
12 sustained by the foster parents as a result of the malicious
13 or negligent acts of foster children, as well as providing
14 third party coverage for such foster parents with regard to
15 actions of foster children to other individuals. Such
16 coverage will be secondary to the foster parent liability
17 insurance policy, if applicable. The program shall be funded
18 through appropriations from the General Revenue Fund,
19 specifically designated for such purposes.
20 (t) The Department shall perform home studies and
21 investigations and shall exercise supervision over visitation
22 as ordered by a court pursuant to the Illinois Marriage and
23 Dissolution of Marriage Act or the Adoption Act only if:
24 (1) an order entered by an Illinois court
25 specifically directs the Department to perform such
26 services; and
27 (2) the court has ordered one or both of the
28 parties to the proceeding to reimburse the Department for
29 its reasonable costs for providing such services in
30 accordance with Department rules, or has determined that
31 neither party is financially able to pay.
32 The Department shall provide written notification to the
33 court of the specific arrangements for supervised visitation
34 and projected monthly costs within 60 days of the court
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1 order. The Department shall send to the court information
2 related to the costs incurred except in cases where the court
3 has determined the parties are financially unable to pay. The
4 court may order additional periodic reports as appropriate.
5 (u) Whenever the Department places a child in a licensed
6 foster home, group home, child care institution, or in a
7 relative home, the Department shall provide to the caretaker:
8 (1) available detailed information concerning the
9 child's educational and health history, copies of
10 immunization records (including insurance and medical
11 card information), a history of the child's previous
12 placements, if any, and reasons for placement changes
13 excluding any information that identifies or reveals the
14 location of any previous caretaker;
15 (2) a copy of the child's portion of the client
16 service plan, including any visitation arrangement, and
17 all amendments or revisions to it as related to the
18 child; and
19 (3) information containing details of the child's
20 individualized educational plan when the child is
21 receiving special education services.
22 The caretaker shall be informed of any known social or
23 behavioral information (including, but not limited to,
24 criminal background, fire setting, perpetuation of sexual
25 abuse, destructive behavior, and substance abuse) necessary
26 to care for and safeguard the child.
27 (u-5) Effective July 1, 1995, only foster care
28 placements licensed as foster family homes pursuant to the
29 Child Care Act of 1969 shall be eligible to receive foster
30 care payments from the Department. Relative caregivers who,
31 as of July 1, 1995, were approved pursuant to approved
32 relative placement rules previously promulgated by the
33 Department at 89 Ill. Adm. Code 335 and had submitted an
34 application for licensure as a foster family home may
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1 continue to receive foster care payments only until the
2 Department determines that they may be licensed as a foster
3 family home or that their application for licensure is denied
4 or until September 30, 1995, whichever occurs first.
5 (v) The Department shall access criminal history record
6 information as defined in the Illinois Uniform Conviction
7 Information Act and information maintained in the
8 adjudicatory and dispositional record system as defined in
9 subdivision (A)19 of Section 55a of the Civil Administrative
10 Code of Illinois if the Department determines the information
11 is necessary to perform its duties under the Abused and
12 Neglected Child Reporting Act, the Child Care Act of 1969,
13 and the Children and Family Services Act. The Department
14 shall provide for interactive computerized communication and
15 processing equipment that permits direct on-line
16 communication with the Department of State Police's central
17 criminal history data repository. The Department shall
18 comply with all certification requirements and provide
19 certified operators who have been trained by personnel from
20 the Department of State Police. In addition, one Office of
21 the Inspector General investigator shall have training in the
22 use of the criminal history information access system and
23 have access to the terminal. The Department of Children and
24 Family Services and its employees shall abide by rules and
25 regulations established by the Department of State Police
26 relating to the access and dissemination of this information.
27 (w) Within 120 days of August 20, 1995 (the effective
28 date of Public Act 89-392), the Department shall prepare and
29 submit to the Governor and the General Assembly, a written
30 plan for the development of in-state licensed secure child
31 care facilities that care for children who are in need of
32 secure living arrangements for their health, safety, and
33 well-being. For purposes of this subsection, secure care
34 facility shall mean a facility that is designed and operated
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1 to ensure that all entrances and exits from the facility, a
2 building or a distinct part of the building, are under the
3 exclusive control of the staff of the facility, whether or
4 not the child has the freedom of movement within the
5 perimeter of the facility, building, or distinct part of the
6 building. The plan shall include descriptions of the types
7 of facilities that are needed in Illinois; the cost of
8 developing these secure care facilities; the estimated number
9 of placements; the potential cost savings resulting from the
10 movement of children currently out-of-state who are projected
11 to be returned to Illinois; the necessary geographic
12 distribution of these facilities in Illinois; and a proposed
13 timetable for development of such facilities.
14 (Source: P.A. 89-21, eff. 6-6-95; 89-392, eff. 8-20-95;
15 89-507, eff. 7-1-97; 89-626, eff. 8-9-96; 90-11, eff. 1-1-98;
16 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-362, eff. 1-1-98;
17 revised 10-20-97.)
18 (20 ILCS 505/8) (from Ch. 23, par. 5008)
19 Sec. 8. Scholarships and fee waivers. Each year the
20 Department may select from among the children under care, or
21 children formerly under care who have been adopted or are in
22 the subsidized guardianship program, a maximum of 48 24
23 students, (at least 4 of whom shall be children of veterans),
24 who have completed 4 years in an accredited high school; the
25 children selected who shall be eligible for scholarships and
26 fee waivers which will entitle them to 4 consecutive years of
27 community college, university, or college education.
28 Selection shall be made on the basis of scholastic record,
29 aptitude, and general interest in higher education. In
30 accordance with this Act, tuition scholarships and fee
31 waivers shall be available to such students at any university
32 or college maintained by the State of Illinois. The
33 Department shall provide maintenance and school expenses,
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1 except tuition and fees, during the academic years to
2 supplement the students' earnings or other resources so long
3 as they consistently maintain scholastic records which are
4 acceptable to their schools and to the Department. Students
5 may attend other colleges and universities, if scholarships
6 are awarded them, and receive the same benefits for
7 maintenance and other expenses as those students attending
8 any Illinois State community college, university, or college
9 under this Section.
10 (Source: P.A. 84-168.)
11 Section 10. The Child Death Review Team Act is amended
12 by changing Section 20 as follows:
13 (20 ILCS 515/20)
14 Sec. 20. Reviews of child deaths.
15 (a) Every child death shall be reviewed by the team in
16 the subregion which has primary case management
17 responsibility. The deceased child must be one of the
18 following:
19 (1) A ward of the Department.
20 (2) The subject of an open service case maintained
21 by the Department.
22 (3) The subject of a pending child abuse or neglect
23 investigation.
24 (4) A child who was the subject of an abuse or
25 neglect investigation at any time during the 12 months
26 preceding the child's death.
27 (5) Any other child whose death is reported to the
28 State central register as a result of alleged child abuse
29 or neglect which report is subsequently indicated.
30 A child death review team may, at its discretion, review
31 other sudden, unexpected, or unexplained child deaths.
32 (b) A child death review team's purpose in conducting
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1 reviews of child deaths is to do the following:
2 (1) Assist in determining the cause and manner of
3 the child's death, when requested.
4 (2) Evaluate means by which the death might have
5 been prevented.
6 (3) Report its findings to appropriate agencies and
7 make recommendations that may help to reduce the number
8 of child deaths caused by abuse or neglect.
9 (4) Promote continuing education for professionals
10 involved in investigating, treating, and preventing child
11 abuse and neglect as a means of preventing child deaths
12 due to abuse or neglect.
13 (5) Make specific recommendations to the Director
14 and the Inspector General of the Department concerning
15 the prevention of child deaths due to abuse or neglect
16 and the establishment of protocols for investigating
17 child deaths.
18 (c) A child death review team shall review a child death
19 as soon as practical and not later than 90 days following the
20 completion by the Department of the investigation of the
21 death under the Abused and Neglected Child Reporting Act.
22 When there has been no investigation by the Department, the
23 child death review team shall review a child's death within
24 90 days after obtaining the information necessary to complete
25 the review from the coroner, pathologist, medical examiner,
26 or law enforcement agency, depending on the nature of the
27 case. A child death review team shall meet at least once in
28 each calendar quarter.
29 (d) The Director shall, within 90 days, review and reply
30 to recommendations made by a team under item (5) of
31 subsection (b). The Director shall implement recommendations
32 as feasible and appropriate and shall respond in writing to
33 explain the implementation or nonimplementation of the
34 recommendations.
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1 (Source: P.A. 90-239, eff. 7-28-97.)
2 Section 15. The Hospital Licensing Act is amended by
3 changing Section 9 as follows:
4 (210 ILCS 85/9) (from Ch. 111 1/2, par. 150)
5 Sec. 9. The Department shall make or cause to be made
6 such inspections and investigations as it deems necessary.
7 Information received by the Department through filed reports,
8 inspection, or as otherwise authorized under this Act shall
9 not be disclosed publicly in such manner as to identify
10 individuals or hospitals, except (i) in a proceeding
11 involving the denial, suspension, or revocation of a permit
12 to establish a hospital or a proceeding involving the denial,
13 suspension, or revocation of a license to open, conduct,
14 operate, and maintain a hospital, (ii) to the Department of
15 Children and Family Services in the course of a child abuse
16 or neglect investigation conducted by that Department or by
17 the Department of Public Health, or (iii) in other
18 circumstances as may be approved by the Hospital Licensing
19 Board.
20 (Source: Laws 1965, p. 2350.)
21 Section 25. The Vital Records Act is amended by changing
22 Section 8 as follows:
23 (410 ILCS 535/8) (from Ch. 111 1/2, par. 73-8)
24 Sec. 8. Each local registrar shall:
25 (1) Appoint one or more deputies to act for him in his
26 absence or to assist him. Such deputies shall be subject to
27 all rules and regulations governing local registrars.
28 (2) Appoint one or more subregistrars when necessary for
29 the convenience of the people. To become effective, such
30 appointments must be approved by the State Registrar of Vital
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1 Records. A subregistrar shall exercise such authority as is
2 given him by the local registrar and is subject to the
3 supervision and control of the State Registrar of Vital
4 Records, and shall be liable to the same penalties as local
5 registrars, as provided in Section 27 of this Act.
6 (3) Administer and enforce the provisions of this Act
7 and the instructions, rules, and regulations issued
8 hereunder.
9 (4) Require that certificates be completed and filed in
10 accordance with the provisions of this Act and the rules and
11 regulations issued hereunder.
12 (5) Prepare and transmit monthly an accurate copy of
13 each record of live birth, death, and fetal death to the
14 county clerk of his county. He shall also, in the case of a
15 death of a person who was a resident of another county,
16 prepare an additional copy of the death record and transmit
17 it to the county clerk of the county in which such person was
18 a resident. In no case shall the county clerk's copy of a
19 live birth record include the section of the certificate
20 which contains information for health and statistical program
21 use only.
22 (6) (Blank).
23 (7) Prepare, file, and retain for a period of at least
24 10 years in his own office an accurate copy of each record of
25 live birth, death, and fetal death accepted for registration.
26 Only in those instances in which the local registrar is also
27 a full time city, village, incorporated town, public health
28 district, county, or multi-county health officer recognized
29 by the Department may the health and statistical data section
30 of the live birth record be made a part of this copy.
31 (8) Transmit monthly the certificates, reports, or other
32 returns filed with him to the State Registrar of Vital
33 Records, or more frequently when directed to do so by the
34 State Registrar of Vital Records.
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1 (8.5) Transmit monthly to the State central register of
2 the Illinois Department of Children and Family Services a
3 copy of all death certificates of persons under 18 years of
4 age who have died.
5 (9) Maintain such records, make such reports, and
6 perform such other duties as may be required by the State
7 Registrar of Vital Records.
8 (Source: P.A. 88-687, eff. 1-24-95; 89-641, eff. 8-9-96.)
9 Section 30. The Juvenile Court Act of 1987 is amended by
10 changing Sections 1-2, 1-3, 1-5, 2-15, 2-16, 2-18, 2-21,
11 2-22, 2-23, 2-27, 2-28, 2-28.1, 2-29, and 2-31 as follows:
12 (705 ILCS 405/1-2) (from Ch. 37, par. 801-2)
13 Sec. 1-2. Purpose and policy.
14 (1) The purpose of this Act is to secure for each minor
15 subject hereto such care and guidance, preferably in his or
16 her own home, as will serve the safety and moral, emotional,
17 mental, and physical welfare of the minor and the best
18 interests of the community; to preserve and strengthen the
19 minor's family ties whenever possible, removing him or her
20 from the custody of his or her parents only when his or her
21 safety or welfare or the protection of the public cannot be
22 adequately safeguarded without removal; if the child is
23 removed from the custody of his or her parent, the Department
24 of Children and Family Services immediately shall consider
25 concurrent planning, as described in Section 5 of the
26 Children and Family Services Act so that permanency may occur
27 at the earliest opportunity; consideration should be given so
28 that if reunification fails or is delayed, the placement made
29 is the best available placement to provide permanency for the
30 child; and, when the minor is removed from his or her own
31 family, to secure for him or her custody, care and discipline
32 as nearly as possible equivalent to that which should be
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1 given by his or her parents, and in cases where it should and
2 can properly be done to place the minor in a family home so
3 that he or she may become a member of the family by legal
4 adoption or otherwise. Provided that a ground for unfitness
5 under the Adoption Act can be met, it may be appropriate to
6 expedite termination of parental rights:
7 (a) when reasonable efforts are inappropriate, or
8 have been provided and were unsuccessful, and there are
9 aggravating circumstances including, but not limited to,
10 those cases in which (i) a child or a sibling of the
11 child was (A) abandoned, (B) tortured, or (C) chronically
12 abused or (ii) the parent is criminally convicted of (A)
13 first degree murder or second degree murder of any child,
14 (B) attempt or conspiracy to commit first degree murder
15 or second degree murder of any child, (C) solicitation to
16 commit murder, solicitation to commit murder for hire, or
17 solicitation to commit second degree murder of any child,
18 or accountability for the first or second degree murder
19 of any child, or (D) aggravated criminal sexual assault
20 in violation of Section 12-14(b)(1) of the Criminal Code
21 of 1961; or
22 (b) when the parental rights of a parent with
23 respect to a sibling of the child have been involuntarily
24 terminated; or
25 (c) in those extreme cases in which the parent's
26 incapacity to care for the child, combined with an
27 extremely poor prognosis for treatment or rehabilitation,
28 justifies expedited termination of parental rights.
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
33 subject to this Act. This Act shall be administered in a
34 spirit of humane concern, not only for the rights of the
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1 parties, but also for the fears and the limits of
2 understanding of all who appear before the court.
3 (3) In all procedures under this Act, the following
4 shall apply:
5 (a) The procedural rights assured to the minor
6 shall be the rights of adults unless specifically
7 precluded by laws which enhance the protection of such
8 minors.
9 (b) Every child has a right to services necessary
10 to his or her safety and proper development, including
11 health, education and social services.
12 (c) The parents' right to the custody of their
13 child shall not prevail when the court determines that it
14 is contrary to the health, safety, and best interests of
15 the child.
16 (4) This Act shall be liberally construed to carry out
17 the foregoing purpose and policy.
18 (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
19 P.A. 90-443); 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-443,
20 eff. 8-16-97.)
21 (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
22 Sec. 1-3. Definitions. Terms used in this Act, unless
23 the context otherwise requires, have the following meanings
24 ascribed to them:
25 (1) Adjudicatory hearing. "Adjudicatory hearing" means a
26 hearing to determine whether the allegations of a petition
27 under Section 2-13, 3-15 or 4-12 that a minor under 18 years
28 of age is abused, neglected or dependent, or requires
29 authoritative intervention, or addicted, respectively, are
30 supported by a preponderance of the evidence or whether the
31 allegations of a petition under Section 5-13 that a minor is
32 delinquent are proved beyond a reasonable doubt.
33 (2) Adult. "Adult" means a person 21 years of age or
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1 older.
2 (3) Agency. "Agency" means a public or private child
3 care facility legally authorized or licensed by this State
4 for placement or institutional care or for both placement and
5 institutional care.
6 (4) Association. "Association" means any organization,
7 public or private, engaged in welfare functions which include
8 services to or on behalf of children but does not include
9 "agency" as herein defined.
10 (4.05) Best Interests. Whenever a "best interest"
11 determination is required, the following factors shall be
12 considered in the context of the child's age and
13 developmental needs:
14 (a) the physical safety and welfare of the child,
15 including food, shelter, health, and clothing;
16 (b) the development of the child's identity;
17 (c) the child's background and ties, including familial,
18 racial, cultural, and religious;
19 (d) the child's sense of attachments, including:
20 (i) where the child actually feels love,
21 attachment, and a sense of being valued (as opposed to
22 where adults believe the child should feel such love,
23 attachment, and a sense of being valued);
24 (ii) the child's sense of security;
25 (iii) the child's sense of familiarity;
26 (iv) continuity of affection for the child;
27 (v) the least disruptive placement alternative for
28 the child;
29 (e) the child's wishes and long-term goals;
30 (f) the child's community ties, including church,
31 school, and friends;
32 (g) permanence for the child;
33 (h) the uniqueness of every family and child;
34 (i) the risks attendant to entering and being in
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1 substitute care; and
2 (j) the preferences of the persons available to care for
3 the child.
4 (4.1) Chronic truant. "Chronic truant" shall have the
5 definition ascribed to it in Section 26-2a of the School
6 Code.
7 (5) Court. "Court" means the circuit court in a session
8 or division assigned to hear proceedings under this Act.
9 (6) Dispositional hearing. "Dispositional hearing" means
10 a hearing to determine whether a minor should be adjudged to
11 be a ward of the court, and to determine what order of
12 disposition should be made in respect to a minor adjudged to
13 be a ward of the court.
14 (7) Emancipated minor. "Emancipated minor" means any
15 minor 16 years of age or over who has been completely or
16 partially emancipated under the "Emancipation of Mature
17 Minors Act", enacted by the Eighty-First General Assembly, or
18 under this Act.
19 (8) Guardianship of the person. "Guardianship of the
20 person" of a minor means the duty and authority to act in the
21 best interests of the minor, subject to residual parental
22 rights and responsibilities, to make important decisions in
23 matters having a permanent effect on the life and development
24 of the minor and to be concerned with his or her general
25 welfare. It includes but is not necessarily limited to:
26 (a) the authority to consent to marriage, to
27 enlistment in the armed forces of the United States, or
28 to a major medical, psychiatric, and surgical treatment;
29 to represent the minor in legal actions; and to make
30 other decisions of substantial legal significance
31 concerning the minor;
32 (b) the authority and duty of reasonable
33 visitation, except to the extent that these have been
34 limited in the best interests of the minor by court
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1 order;
2 (c) the rights and responsibilities of legal
3 custody except where legal custody has been vested in
4 another person or agency; and
5 (d) the power to consent to the adoption of the
6 minor, but only if expressly conferred on the guardian in
7 accordance with Section 2-29, 3-30, 4-27 or 5-31.
8 (9) Legal custody. "Legal custody" means the
9 relationship created by an order of court in the best
10 interests of the minor which imposes on the custodian the
11 responsibility of physical possession of a minor and the duty
12 to protect, train and discipline him and to provide him with
13 food, shelter, education and ordinary medical care, except as
14 these are limited by residual parental rights and
15 responsibilities and the rights and responsibilities of the
16 guardian of the person, if any.
17 (10) Minor. "Minor" means a person under the age of 21
18 years subject to this Act.
19 (11) Parents. "Parent" means the father or mother of a
20 child and includes any adoptive parent. It also includes a
21 putative father as defined in this Section the father whose
22 paternity is presumed or has been established under the law
23 of this or another jurisdiction. It does not include a
24 parent whose rights in respect to the minor have been
25 terminated in any manner provided by law.
26 (11.1) "Permanency goal" means a goal set by the court
27 as defined in subdivision (2)(c) of Section 2-28 or
28 subsection (c) of Section 2-28.01 or in counties with a
29 population of 3,000,000 or more, a goal ordered by a judge.
30 (11.2) "Permanency hearing" means a hearing to review
31 and determine (i) the appropriateness of the permanency goal,
32 (ii) the appropriateness of the services contained in the
33 plan and whether those services have been provided, (iii)
34 whether reasonable efforts have been made by all the parties
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1 to the service plan to achieve the goal, and (iv) whether the
2 plan and goal have been achieved.
3 (12) Petition. "Petition" means the petition provided
4 for in Section 2-13, 3-15, 4-12 or 5-13, including any
5 supplemental petitions thereunder in Section 3-15, 4-12 or
6 5-13.
7 (12.5) "Putative father" means a man who may be a
8 child's father, but who (i) is not married to the child's
9 mother on or before the date that the child was or is to be
10 born and (ii) has not established paternity of the child in a
11 court proceeding before the filing of a petition for the
12 adoption of the child. The term includes a male who is less
13 than 18 years of age. "Putative father" does not mean a man
14 who is the child's father as a result of a conviction of
15 criminal sexual abuse or assault as defined under Article 12
16 of the Criminal Code of 1961.
17 (13) Residual parental rights and responsibilities.
18 "Residual parental rights and responsibilities" means those
19 rights and responsibilities remaining with the parent after
20 the transfer of legal custody or guardianship of the person,
21 including, but not necessarily limited to, the right to
22 reasonable visitation (which may be limited by the court in
23 the best interests of the minor as provided in subsection
24 (8)(b) of this Section), the right to consent to adoption,
25 the right to determine the minor's religious affiliation, and
26 the responsibility for his support.
27 (14) Shelter. "Shelter" means the temporary care of a
28 minor in physically unrestricting facilities pending court
29 disposition or execution of court order for placement.
30 (15) Station adjustment. "Station adjustment" means the
31 informal handling of an alleged offender by a juvenile police
32 officer.
33 (16) Ward of the court. "Ward of the court" means a
34 minor who is so adjudged under Section 2-22, 3-23, 4-20 or
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1 5-22, after a finding of the requisite jurisdictional facts,
2 and thus is subject to the dispositional powers of the court
3 under this Act.
4 (17) Juvenile police officer. "Juvenile police officer"
5 means a sworn police officer who has completed a Basic
6 Recruit Training Course, has been assigned to the position of
7 juvenile police officer by his or her chief law enforcement
8 officer and has completed the necessary juvenile officers
9 training as prescribed by the Illinois Law Enforcement
10 Training Standards Board, or in the case of a State police
11 officer, juvenile officer training approved by the Director
12 of the Department of State Police.
13 (Source: P.A. 90-28, eff. 1-1-98; 90-87, eff. 9-1-97; revised
14 11-12-97.)
15 (705 ILCS 405/1-5) (from Ch. 37, par. 801-5)
16 Sec. 1-5. Rights of parties to proceedings.
17 (1) Except as provided in this Section and paragraph (2)
18 of Sections 2-22, 3-23, 4-20 or 5-22, the minor who is the
19 subject of the proceeding and his parents, guardian, legal
20 custodian or responsible relative who are parties respondent
21 have the right to be present, to be heard, to present
22 evidence material to the proceedings, to cross-examine
23 witnesses, to examine pertinent court files and records and
24 also, although proceedings under this Act are not intended to
25 be adversary in character, the right to be represented by
26 counsel. At the request of any party financially unable to
27 employ counsel, with the exception of a foster parent
28 permitted to intervene under this Section, the court shall
29 appoint the Public Defender or such other counsel as the case
30 may require. Counsel appointed for the minor and any indigent
31 party shall appear at all stages of the trial court
32 proceeding, and such appointment shall continue through the
33 permanency hearings and termination of parental rights
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1 proceedings subject to withdrawal or substitution pursuant to
2 Supreme Court Rules or the Code of Civil Procedure. Following
3 the dispositional hearing, the court may require appointed
4 counsel to withdraw his or her appearance upon failure of the
5 party for whom counsel was appointed under this Section to
6 attend any subsequent proceedings.
7 No hearing on any petition or motion filed under this Act
8 may be commenced unless the minor who is the subject of the
9 proceeding is represented by counsel. Each adult respondent
10 shall be furnished a written "Notice of Rights" at or before
11 the first hearing at which he or she appears.
12 (1.5) The Department shall maintain a system of response
13 to inquiry made by parents or putative parents as to whether
14 their child is under the custody or guardianship of the
15 Department; and if so, the Department shall direct the
16 parents or putative parents to the appropriate court of
17 jurisdiction, including where inquiry may be made of the
18 clerk of the court regarding the case number and the next
19 scheduled court date of the minor's case. Effective notice
20 and the means of accessing information shall be given to the
21 public on a continuing basis by the Department.
22 (2) (a) Though not appointed guardian or legal custodian
23 or otherwise made a party to the proceeding, any current or
24 previously appointed foster parent or representative of an
25 agency or association interested in the minor has the right
26 to be heard by the court, but does not thereby become a party
27 to the proceeding.
28 In addition to the foregoing right to be heard by the
29 court, any current foster parent of a minor and the agency
30 designated by the court or the Department of Children and
31 Family Services as custodian of the minor who has been
32 adjudicated an abused or neglected minor under Section 2-3 or
33 a dependent minor under Section 2-4 of this Act has the right
34 to and shall be given adequate notice at all stages of any
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1 hearing or proceeding under this Act wherein the custody or
2 status of the minor may be changed. Such notice shall
3 contain a statement regarding the nature and denomination of
4 the hearing or proceeding to be held, any the change in
5 custody or status of the minor sought to be obtained at such
6 hearing or proceeding, and the date, time and place of such
7 hearing or proceeding. The Department of Children and Family
8 Services or the licensed child welfare agency that has placed
9 the minor with the foster parent shall notify the clerk of
10 the court of the name and address of the current foster
11 parent. The clerk shall mail the notice by certified mail
12 marked for delivery to addressee only. The regular return
13 receipt for certified mail is sufficient proof of service.
14 Any foster parent who is denied his or her right to be
15 heard under this Section may bring a mandamus action under
16 Article XIV of the Code of Civil Procedure against the court
17 or any public agency to enforce that right. The mandamus
18 action may be brought immediately upon the denial of those
19 rights but in no event later than 30 days after the foster
20 parent has been denied the right to be heard.
21 (b) If after an adjudication that a minor is abused or
22 neglected as provided under Section 2-21 of this Act and a
23 motion has been made to restore the minor to any parent,
24 guardian, or legal custodian found by the court to have
25 caused the neglect or to have inflicted the abuse on the
26 minor, a foster parent may file a motion to intervene in the
27 proceeding for the sole purpose of requesting that the minor
28 be placed with the foster parent, provided that the foster
29 parent (i) is the current foster parent of the minor or (ii)
30 has previously been a foster parent for the minor for one
31 year or more, has a foster care license or is eligible for a
32 license, and is not the subject of any findings of abuse or
33 neglect of any child. The juvenile court may only enter
34 orders placing a minor with a specific foster parent under
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1 this subsection (2)(b) and nothing in this Section shall be
2 construed to confer any jurisdiction or authority on the
3 juvenile court to issue any other orders requiring the
4 appointed guardian or custodian of a minor to place the minor
5 in a designated foster home or facility. This Section is not
6 intended to encompass any matters that are within the scope
7 or determinable under the administrative and appeal process
8 established by rules of the Department of Children and Family
9 Services under Section 5(o) of the Children and Family
10 Services Act. Nothing in this Section shall relieve the
11 court of its responsibility, under Section 2-14(a) of this
12 Act to act in a just and speedy manner to reunify families
13 where it is the best interests of the minor and the child can
14 be cared for at home without endangering the child's health
15 or safety and, if reunification is not in the best interests
16 of the minor, to find another permanent home for the minor.
17 Nothing in this Section, or in any order issued by the court
18 with respect to the placement of a minor with a foster
19 parent, shall impair the ability of the Department of
20 Children and Family Services, or anyone else authorized under
21 Section 5 of the Abused and Neglected Child Reporting Act, to
22 remove a minor from the home of a foster parent if the
23 Department of Children and Family Services or the person
24 removing the minor has reason to believe that the
25 circumstances or conditions of the minor are such that
26 continuing in the residence or care of the foster parent will
27 jeopardize the child's health and safety or present an
28 imminent risk of harm to that minor's life.
29 (c) If a foster parent has had the minor who is the
30 subject of the proceeding under Article II in his or her home
31 for more than one year on or after July 3, 1994 and if the
32 minor's placement is being terminated from that foster
33 parent's home, that foster parent shall have standing and
34 intervenor status except in those circumstances where the
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1 Department of Children and Family Services or anyone else
2 authorized under Section 5 of the Abused and Neglected Child
3 Reporting Act has removed the minor from the foster parent
4 because of a reasonable belief that the circumstances or
5 conditions of the minor are such that continuing in the
6 residence or care of the foster parent will jeopardize the
7 child's health or safety or presents an imminent risk of harm
8 to the minor's life.
9 (d) The court may grant standing to any foster parent if
10 the court finds that it is in the best interest of the child
11 for the foster parent to have standing and intervenor status.
12 (3) Parties respondent are entitled to notice in
13 compliance with Sections 2-15 and 2-16, 3-17 and 3-18, 4-14
14 and 4-15 or 5-15 and 5-16, as appropriate. At the first
15 appearance before the court by the minor, his parents,
16 guardian, custodian or responsible relative, the court shall
17 explain the nature of the proceedings and inform the parties
18 of their rights under the first 2 paragraphs of this Section.
19 If the child is alleged to be abused, neglected or
20 dependent, the court shall admonish the parents that if the
21 court declares the child to be a ward of the court and awards
22 custody or guardianship to the Department of Children and
23 Family Services, the parents must cooperate with the
24 Department of Children and Family Services, comply with the
25 terms of the service plans, and correct the conditions that
26 require the child to be in care, or risk termination of their
27 parental rights.
28 Upon an adjudication of wardship of the court under
29 Sections 2-22, 3-23, 4-20 or 5-22, the court shall inform the
30 parties of their right to appeal therefrom as well as from
31 any other final judgment of the court.
32 When the court finds that a child is an abused,
33 neglected, or dependent minor under Section 2-21, the court
34 shall admonish the parents that the parents must cooperate
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1 with the Department of Children and Family Services, comply
2 with the terms of the service plans, and correct the
3 conditions that require the child to be in care, or risk
4 termination of their parental rights.
5 When the court declares a child to be a ward of the court
6 and awards guardianship to the Department of Children and
7 Family Services under Section 2-22, the court shall admonish
8 the parents, guardian, custodian, or responsible relative
9 that the parents must cooperate with the Department of
10 Children and Family Services, comply with the terms of the
11 service plans, and correct the conditions that require the
12 child to be in care, or risk termination of their parental
13 rights.
14 (4) No sanction may be applied against the minor who is
15 the subject of the proceedings by reason of his refusal or
16 failure to testify in the course of any hearing held prior to
17 final adjudication under Section 2-22, 3-23, 4-20 or 5-22.
18 (5) In the discretion of the court, the minor may be
19 excluded from any part or parts of a dispositional hearing
20 and, with the consent of the parent or parents, guardian,
21 counsel or a guardian ad litem, from any part or parts of an
22 adjudicatory hearing.
23 (6) The general public except for the news media and the
24 victim shall be excluded from any hearing and, except for the
25 persons specified in this Section only persons, including
26 representatives of agencies and associations, who in the
27 opinion of the court have a direct interest in the case or in
28 the work of the court shall be admitted to the hearing.
29 However, the court may, for the minor's safety and protection
30 and for good cause shown, prohibit any person or agency
31 present in court from further disclosing the minor's
32 identity.
33 (Source: P.A. 89-235, eff. 8-4-95; 90-27, eff. 1-1-98; 90-28,
34 eff. 1-1-98.)
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1 (705 ILCS 405/2-15) (from Ch. 37, par. 802-15)
2 Sec. 2-15. Summons.
3 (1) When a petition is filed, the clerk of the court
4 shall issue a summons with a copy of the petition attached.
5 The summons shall be directed to the minor's legal guardian
6 or custodian and to each person named as a respondent in the
7 petition, except that summons need not be directed to a minor
8 respondent under 8 years of age for whom the court appoints a
9 guardian ad litem if the guardian ad litem appears on behalf
10 of the minor in any proceeding under this Act.
11 (2) The summons must contain a statement that the minor
12 or any of the respondents is entitled to have an attorney
13 present at the hearing on the petition, and that the clerk of
14 the court should be notified promptly if the minor or any
15 other respondent desires to be represented by an attorney but
16 is financially unable to employ counsel.
17 (3) The summons shall be issued under the seal of the
18 court, attested in and signed with the name of the clerk of
19 the court, dated on the day it is issued, and shall require
20 each respondent to appear and answer the petition on the date
21 set for the adjudicatory hearing. The summons shall contain
22 a notice that the parties will not be entitled to further
23 written notices or publication notices of proceedings in this
24 case, including the filing of an amended petition or a motion
25 to terminate parental rights, except as required by Supreme
26 Court Rule 11.
27 (4) The summons may be served by any county sheriff,
28 coroner or probation officer, even though the officer is the
29 petitioner. The return of the summons with endorsement of
30 service by the officer is sufficient proof thereof.
31 (5) Service of a summons and petition shall be made by:
32 (a) leaving a copy thereof with the person summoned at least
33 3 days before the time stated therein for appearance; (b)
34 leaving a copy at his usual place of abode with some person
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1 of the family, of the age of 10 years or upwards, and
2 informing that person of the contents thereof, provided the
3 officer or other person making service shall also send a copy
4 of the summons in a sealed envelope with postage fully
5 prepaid, addressed to the person summoned at his usual place
6 of abode, at least 3 days before the time stated therein for
7 appearance; or (c) leaving a copy thereof with the guardian
8 or custodian of a minor, at least 3 days before the time
9 stated therein for appearance. If the guardian or custodian
10 is an agency of the State of Illinois, proper service may be
11 made by leaving a copy of the summons and petition with any
12 administrative employee of such agency designated by such
13 agency to accept service of summons and petitions. The
14 certificate of the officer or affidavit of the person that he
15 has sent the copy pursuant to this Section is sufficient
16 proof of service.
17 (6) When a parent or other person, who has signed a
18 written promise to appear and bring the minor to court or who
19 has waived or acknowledged service, fails to appear with the
20 minor on the date set by the court, a bench warrant may be
21 issued for the parent or other person, the minor, or both.
22 (7) The appearance of the minor's legal guardian or
23 custodian, or a person named as a respondent in a petition,
24 in any proceeding under this Act shall constitute a waiver of
25 service of summons and submission to the jurisdiction of the
26 court, except that the filing of a special appearance
27 authorized under Section 2-301 of the Code of Civil Procedure
28 does not constitute an appearance under this subsection. A
29 copy of the summons and petition shall be provided to the
30 person at the time of his appearance.
31 (8) Notice to a parent who has appeared or been served
32 with summons personally or by certified mail, and for whom an
33 order of default has been entered on the petition for
34 wardship and has not been set aside shall be provided in
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1 accordance with Supreme Court Rule 11. Notice to a parent
2 who was served by publication and for whom an order of
3 default has been entered on the petition for wardship and has
4 not been set aside shall be provided in accordance with this
5 Section and Section 2-16.
6 (Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98.)
7 (705 ILCS 405/2-16) (from Ch. 37, par. 802-16)
8 Sec. 2-16. Notice by certified mail or publication.
9 (1) If service on individuals as provided in Section
10 2-15 is not made on any respondent within a reasonable time
11 or if it appears that any respondent resides outside the
12 State, service may be made by certified mail. In such case
13 the clerk shall mail the summons and a copy of the petition
14 to that respondent by certified mail marked for delivery to
15 addressee only. The court shall not proceed with the
16 adjudicatory hearing until 5 days after such mailing. The
17 regular return receipt for certified mail is sufficient proof
18 of service.
19 (2) Where a respondent's usual place of abode is not
20 known, a diligent inquiry shall be made to ascertain the
21 respondent's current and last known address. The Department
22 of Children and Family Services shall adopt rules defining
23 the requirements for conducting a diligent search to locate
24 parents of minors in the custody of the Department. If, after
25 diligent inquiry made at any time within the preceding 12
26 months, the usual place of abode cannot be reasonably
27 ascertained, or if respondent is concealing his or her
28 whereabouts to avoid service of process, petitioner's
29 attorney shall file an affidavit at the office of the clerk
30 of court in which the action is pending showing that
31 respondent on due inquiry cannot be found or is concealing
32 his or her whereabouts so that process cannot be served. The
33 affidavit shall state the last known address of the
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1 respondent. The affidavit shall also state what efforts were
2 made to effectuate service. Within 3 days of receipt of the
3 affidavit, the clerk shall issue publication service as
4 provided below. The clerk shall also send a copy thereof by
5 mail addressed to each respondent listed in the affidavit at
6 his or her last known address. The clerk of the court as soon
7 as possible shall cause publication to be made once in a
8 newspaper of general circulation in the county where the
9 action is pending. Notice by publication is not required in
10 any case when the person alleged to have legal custody of the
11 minor has been served with summons personally or by certified
12 mail, but the court may not enter any order or judgment
13 against any person who cannot be served with process other
14 than by publication unless notice by publication is given or
15 unless that person appears. When a minor has been sheltered
16 under Section 2-10 of this Act and summons has not been
17 served personally or by certified mail within 20 days from
18 the date of the order of court directing such shelter care,
19 the clerk of the court shall cause publication. Notice by
20 publication shall be substantially as follows:
21 "A, B, C, D, (here giving the names of the named
22 respondents, if any) and to All Whom It May Concern (if there
23 is any respondent under that designation):
24 Take notice that on the .... day of ...., 19.. a
25 petition was filed under the Juvenile Court Act by .... in
26 the circuit court of .... county entitled 'In the interest of
27 ...., a minor', and that in .... courtroom at .... on the
28 .... day of .... at the hour of ...., or as soon thereafter
29 as this cause may be heard, an adjudicatory hearing will be
30 held upon the petition to have the child declared to be a
31 ward of the court under that Act. THE COURT HAS AUTHORITY IN
32 THIS PROCEEDING TO TAKE FROM YOU THE CUSTODY AND GUARDIANSHIP
33 OF THE MINOR, TO TERMINATE YOUR PARENTAL RIGHTS, AND TO
34 APPOINT A GUARDIAN WITH POWER TO CONSENT TO ADOPTION. YOU
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1 MAY LOSE ALL PARENTAL RIGHTS TO YOUR CHILD. IF THE PETITION
2 REQUESTS THE TERMINATION OF YOUR PARENTAL RIGHTS AND THE
3 APPOINTMENT OF A GUARDIAN WITH POWER TO CONSENT TO ADOPTION,
4 YOU MAY LOSE ALL PARENTAL RIGHTS TO THE CHILD. Unless you
5 appear you will not be entitled to further written notices or
6 publication notices of the proceedings in this case,
7 including the filing of an amended petition or a motion to
8 terminate parental rights.
9 Now, unless you appear at the hearing and show cause
10 against the petition, the allegations of the petition may
11 stand admitted as against you and each of you, and an order
12 or judgment entered.
13 ......................
14 Clerk
15 Dated (the date of publication)"
16 (3) The clerk shall also at the time of the publication
17 of the notice send a copy thereof by mail to each of the
18 respondents on account of whom publication is made at his or
19 her last known address. The certificate of the clerk that he
20 or she has mailed the notice is evidence thereof. No other
21 publication notice is required. Every respondent notified by
22 publication under this Section must appear and answer in open
23 court at the hearing. The court may not proceed with the
24 adjudicatory hearing until 10 days after service by
25 publication on any parent, guardian or legal custodian in the
26 case of a minor described in Section 2-3 or 2-4.
27 (4) If it becomes necessary to change the date set for
28 the hearing in order to comply with Section 2-14 or with this
29 Section, notice of the resetting of the date must be given,
30 by certified mail or other reasonable means, to each
31 respondent who has been served with summons personally or by
32 certified mail.
33 (5) Notice to a parent who has appeared or been served
34 with summons personally or by certified mail, and for whom an
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1 order of default has been entered on the petition for
2 wardship and has not been set aside shall be provided in
3 accordance with Supreme Court Rule 11. Notice to a parent
4 who was served by publication and for whom an order of
5 default has been entered on the petition for wardship and has
6 not been set aside shall be provided in accordance with this
7 Section and Section 2-15.
8 (Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98.)
9 (705 ILCS 405/2-18) (from Ch. 37, par. 802-18)
10 Sec. 2-18. Evidence.
11 (1) At the adjudicatory hearing, the court shall first
12 consider only the question whether the minor is abused,
13 neglected or dependent. The standard of proof and the rules
14 of evidence in the nature of civil proceedings in this State
15 are applicable to proceedings under this Article. If the
16 petition also seeks the appointment of a guardian of the
17 person with power to consent to adoption of the minor under
18 Section 2-29, the court may also consider legally admissible
19 evidence at the adjudicatory hearing that one or more grounds
20 of unfitness exists under subdivision D of Section 1 of the
21 Adoption Act.
22 (2) In any hearing under this Act, the following shall
23 constitute prima facie evidence of abuse or neglect, as the
24 case may be:
25 (a) proof that a minor has a medical diagnosis of
26 battered child syndrome is prima facie evidence of abuse;
27 (b) proof that a minor has a medical diagnosis of
28 failure to thrive syndrome is prima facie evidence of
29 neglect;
30 (c) proof that a minor has a medical diagnosis of
31 fetal alcohol syndrome is prima facie evidence of
32 neglect;
33 (d) proof that a minor has a medical diagnosis at
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1 birth of withdrawal symptoms from narcotics or
2 barbiturates is prima facie evidence of neglect;
3 (e) proof of injuries sustained by a minor or of
4 the condition of a minor of such a nature as would
5 ordinarily not be sustained or exist except by reason of
6 the acts or omissions of the parent, custodian or
7 guardian of such minor shall be prima facie evidence of
8 abuse or neglect, as the case may be;
9 (f) proof that a parent, custodian or guardian of a
10 minor repeatedly used a drug, to the extent that it has
11 or would ordinarily have the effect of producing in the
12 user a substantial state of stupor, unconsciousness,
13 intoxication, hallucination, disorientation or
14 incompetence, or a substantial impairment of judgment, or
15 a substantial manifestation of irrationality, shall be
16 prima facie evidence of neglect;
17 (g) proof that a parent, custodian, or guardian of
18 a minor repeatedly used a controlled substance, as
19 defined in subsection (f) of Section 102 of the Illinois
20 Controlled Substances Act, in the presence of the minor
21 or a sibling of the minor is prima facie evidence of
22 neglect. "Repeated use", for the purpose of this
23 subsection, means more than one use of a controlled
24 substance as defined in subsection (f) of Section 102 of
25 the Illinois Controlled Substances Act;
26 (h) proof that a newborn infant's blood, urine, or
27 meconium contains any amount of a controlled substance as
28 defined in subsection (f) of Section 102 of the Illinois
29 Controlled Substances Act, or a metabolite of a
30 controlled substance, with the exception of controlled
31 substances or metabolites of those substances, the
32 presence of which is the result of medical treatment
33 administered to the mother or the newborn, is prime facie
34 evidence of neglect.
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1 (3) In any hearing under this Act, proof of the abuse,
2 neglect or dependency of one minor shall be admissible
3 evidence on the issue of the abuse, neglect or dependency of
4 any other minor for whom the respondent is responsible.
5 (4) (a) Any writing, record, photograph or x-ray of any
6 hospital or public or private agency, whether in the form of
7 an entry in a book or otherwise, made as a memorandum or
8 record of any condition, act, transaction, occurrence or
9 event relating to a minor in an abuse, neglect or dependency
10 proceeding, shall be admissible in evidence as proof of that
11 condition, act, transaction, occurrence or event, if the
12 court finds that the document was made in the regular course
13 of the business of the hospital or agency and that it was in
14 the regular course of such business to make it, at the time
15 of the act, transaction, occurrence or event, or within a
16 reasonable time thereafter. A certification by the head or
17 responsible employee of the hospital or agency that the
18 writing, record, photograph or x-ray is the full and complete
19 record of the condition, act, transaction, occurrence or
20 event and that it satisfies the conditions of this paragraph
21 shall be prima facie evidence of the facts contained in such
22 certification. A certification by someone other than the
23 head of the hospital or agency shall be accompanied by a
24 photocopy of a delegation of authority signed by both the
25 head of the hospital or agency and by such other employee.
26 All other circumstances of the making of the memorandum,
27 record, photograph or x-ray, including lack of personal
28 knowledge of the maker, may be proved to affect the weight to
29 be accorded such evidence, but shall not affect its
30 admissibility.
31 (b) Any indicated report filed pursuant to the Abused
32 and Neglected Child Reporting Act shall be admissible in
33 evidence.
34 (c) Previous statements made by the minor relating to
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1 any allegations of abuse or neglect shall be admissible in
2 evidence. However, no such statement, if uncorroborated and
3 not subject to cross-examination, shall be sufficient in
4 itself to support a finding of abuse or neglect.
5 (d) There shall be a rebuttable presumption that a minor
6 is competent to testify in abuse or neglect proceedings. The
7 court shall determine how much weight to give to the minor's
8 testimony, and may allow the minor to testify in chambers
9 with only the court, the court reporter and attorneys for the
10 parties present.
11 (e) The privileged character of communication between
12 any professional person and patient or client, except
13 privilege between attorney and client, shall not apply to
14 proceedings subject to this Article.
15 (f) Proof of the impairment of emotional health or
16 impairment of mental or emotional condition as a result of
17 the failure of the respondent to exercise a minimum degree of
18 care toward a minor may include competent opinion or expert
19 testimony, and may include proof that such impairment
20 lessened during a period when the minor was in the care,
21 custody or supervision of a person or agency other than the
22 respondent.
23 (5) In any hearing under this Act alleging neglect for
24 failure to provide education as required by law under
25 subsection (1) of Section 2-3, proof that a minor under 13
26 years of age who is subject to compulsory school attendance
27 under the School Code is a chronic truant as defined under
28 the School Code shall be prima facie evidence of neglect by
29 the parent or guardian in any hearing under this Act and
30 proof that a minor who is 13 years of age or older who is
31 subject to compulsory school attendance under the School Code
32 is a chronic truant shall raise a rebuttable presumption of
33 neglect by the parent or guardian. This subsection (5) shall
34 not apply in counties with 2,000,000 or more inhabitants.
HB3665 Engrossed -45- LRB9010727RCpc
1 (6) In any hearing under this Act, the court may take
2 judicial notice of prior, sworn testimony or evidence
3 introduced in prior proceedings involving the same minor if
4 the parties were either represented by counsel at such prior
5 proceedings or the right to counsel was knowingly waived.
6 (Source: P.A. 88-343; 89-704, eff. 8-16-97 (changed from
7 1-1-98 by P.A. 90-443).)
8 (705 ILCS 405/2-21) (from Ch. 37, par. 802-21)
9 Sec. 2-21. Findings and adjudication.
10 (1) The court shall state for the record the manner in
11 which the parties received service of process and shall note
12 whether the return or returns of service, postal return
13 receipt or receipts for notice by certified mail, or
14 certificate or certificates of publication have been filed in
15 the court record. The court shall enter any appropriate
16 orders of default against any parent who has been properly
17 served in any manner and fails to appear.
18 No further service of process as defined in Sections 2-15
19 and 2-16 is required in any subsequent proceeding for a
20 parent who was properly served in any manner, except as
21 required by Supreme Court Rule 11.
22 The caseworker shall testify about the diligent search
23 conducted for the parent.
24 After hearing the evidence the court shall determine
25 whether or not the minor is abused, neglected, or dependent.
26 If it finds that the minor is not such a person, the court
27 shall order the petition dismissed and the minor discharged.
28 The court's determination of whether the minor is abused,
29 neglected, or dependent shall be stated in writing with the
30 factual basis supporting that determination.
31 If the court finds that the minor is abused, neglected,
32 or dependent, the court shall then determine and put in
33 writing the factual basis supporting the determination of
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1 whether the abuse, neglect, or dependency is caused by a
2 parent, guardian, or legal custodian or the result of
3 physical abuse to the minor inflicted by a parent, guardian,
4 or legal custodian. That finding shall appear in the order
5 of the court.
6 If the court finds that the child has been abused,
7 neglected or dependent, the court shall admonish the parents
8 that they must cooperate with the Department of Children and
9 Family Services, comply with the terms of the service plan,
10 and correct the conditions that require the child to be in
11 care, or risk termination of parental rights.
12 If the court determines that a person has inflicted
13 physical or sexual abuse upon a minor, the court shall report
14 that determination to the Department of State Police, which
15 shall include that information in its report to the President
16 of the school board for a school district that requests a
17 criminal background investigation of that person as required
18 under Section 10-21.9 or 34-18.5 of the School Code.
19 (2) If the court determines and puts in writing the
20 factual basis supporting the determination that the minor is
21 either abused or neglected or dependent, the court shall then
22 set a time not later than 30 days after the entry of the
23 finding for a dispositional hearing to be conducted under
24 Section 2-22 at which hearing the court shall determine
25 whether it is consistent with the health, safety and best
26 interests of the minor and the public that he be made a ward
27 of the court. To assist the court in making this and other
28 determinations at the dispositional hearing, the court may
29 order that an investigation be conducted and a dispositional
30 report be prepared concerning the minor's physical and mental
31 history and condition, family situation and background,
32 economic status, education, occupation, history of
33 delinquency or criminality, personal habits, and any other
34 information that may be helpful to the court. The
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1 dispositional hearing may be continued once for a period not
2 to exceed 30 days if the court finds that such continuance is
3 necessary to complete the dispositional report.
4 (3) The time limits of this Section may be waived only
5 by consent of all parties and approval by the court, as
6 determined to be consistent with the health, safety and best
7 interests of the minor.
8 (4) For all cases adjudicated prior to July 1, 1991, for
9 which no dispositional hearing has been held prior to that
10 date, a dispositional hearing under Section 2-22 shall be
11 held within 90 days of July 1, 1991.
12 (5) The court may terminate the parental rights of a
13 parent at the initial dispositional hearing if all of the
14 following conditions are met:
15 (i) the original or amended petition contains a
16 request for termination of parental rights and
17 appointment of a guardian with power to consent to
18 adoption; and
19 (ii) the court has found by a preponderance of
20 evidence, introduced or stipulated to at an adjudicatory
21 hearing, that the child comes under the jurisdiction of
22 the court as an abused, neglected, or dependent minor
23 under Section 2-18; and
24 (iii) the court finds, on the basis of clear and
25 convincing evidence admitted at the adjudicatory hearing
26 that the parent is an unfit person under subdivision D of
27 Section 1 of the Adoption Act; and
28 (iv) the court determines in accordance with the
29 rules of evidence for dispositional proceedings, that:
30 (A) it is in the best interest of the minor
31 and public that the child be made a ward of the
32 court;
33 (A-5) reasonable efforts under subsection
34 (l-1) of Section 5 of the Children and Family
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1 Services Act are inappropriate or such efforts were
2 made and were unsuccessful; and
3 (B) termination of parental rights and
4 appointment of a guardian with power to consent to
5 adoption is in the best interest of the child
6 pursuant to Section 2-29.
7 (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
8 P.A. 90-443); 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-443,
9 eff. 8-16-97; 90-566, eff. 1-2-98.)
10 (705 ILCS 405/2-22) (from Ch. 37, par. 802-22)
11 Sec. 2-22. Dispositional hearing; evidence; continuance.
12 (1) At the dispositional hearing, the court shall
13 determine whether it is in the best interests of the minor
14 and the public that he be made a ward of the court, and, if
15 he is to be made a ward of the court, the court shall
16 determine the proper disposition best serving the health,
17 safety and interests of the minor and the public. The court
18 also shall consider the permanency goal set for the minor,
19 the nature of the service plan for the minor and the services
20 delivered and to be delivered under the plan. All evidence
21 helpful in determining these questions, including oral and
22 written reports, may be admitted and may be relied upon to
23 the extent of its probative value, even though not competent
24 for the purposes of the adjudicatory hearing.
25 (2) Notice in compliance with Supreme Court Rule 11 must
26 be given to all parties-respondent prior to proceeding to a
27 dispositional hearing. Before making an order of disposition
28 the court shall advise the State's Attorney, the parents,
29 guardian, custodian or responsible relative or their counsel
30 of the factual contents and the conclusions of the reports
31 prepared for the use of the court and considered by it, and
32 afford fair opportunity, if requested, to controvert them.
33 The court may order, however, that the documents containing
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1 such reports need not be submitted to inspection, or that
2 sources of confidential information need not be disclosed
3 except to the attorneys for the parties. Factual contents,
4 conclusions, documents and sources disclosed by the court
5 under this paragraph shall not be further disclosed without
6 the express approval of the court pursuant to an in camera
7 hearing.
8 (3) A record of a prior continuance under supervision
9 under Section 2-20, whether successfully completed with
10 regard to the child's health, safety and best interest, or
11 not, is admissible at the dispositional hearing.
12 (4) On its own motion or that of the State's Attorney, a
13 parent, guardian, custodian, responsible relative or counsel,
14 the court may adjourn the hearing for a reasonable period to
15 receive reports or other evidence, if the adjournment is
16 consistent with the health, safety and best interests of the
17 minor, but in no event shall continuances be granted so that
18 the dispositional hearing occurs more than 6 months after the
19 initial removal of a minor from his or her home. In
20 scheduling investigations and hearings, the court shall give
21 priority to proceedings in which a minor has been removed
22 from his or her home before an order of disposition has been
23 made.
24 (5) Unless already set by the court, at the conclusion
25 of the dispositional hearing, the court shall set the date
26 for the first permanency hearing, to be conducted under
27 subsection (2) of Section 2-28 or subsection (c) of Section
28 2-28.01, which shall be held no later than 12 months after
29 the minor is taken into temporary custody or in counties with
30 a population over 3,000,000, no later than 12 months after
31 the minor is taken into temporary custody.
32 (6) When the court declares a child to be a ward of the
33 court and awards guardianship to the Department of Children
34 and Family Services, (a) the court shall admonish the
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1 parents, guardian, custodian or responsible relative that the
2 parents must cooperate with the Department of Children and
3 Family Services, comply with the terms of the service plans,
4 and correct the conditions which require the child to be in
5 care, or risk termination of their parental rights; and.
6 (b) the court shall inquire of the parties of any intent to
7 proceed with termination of parental rights of a parent:
8 (A) whose identity still remains unknown;
9 (B) whose whereabouts remain unknown;
10 (C) who was found in default at the adjudicatory
11 hearing and has not obtained an order setting aside the
12 default in accordance with Section 2-1301 of the Code of
13 Civil Procedure.
14 (Source: P.A. 89-17, eff. 5-31-95; 90-28, eff. 1-1-98; 90-87,
15 eff. 9-1-97; revised 11-12-97.)
16 (705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
17 Sec. 2-23. Kinds of dispositional orders.
18 (1) The following kinds of orders of disposition may be
19 made in respect of wards of the court:
20 (a) A minor under 18 years of age found to be
21 neglected or abused under Section 2-3 may be (1)
22 continued in the custody of his or her parents, guardian
23 or legal custodian; (2) placed in accordance with Section
24 2-27; or (3) ordered partially or completely emancipated
25 in accordance with the provisions of the Emancipation of
26 Mature Minors Act.
27 However, in any case in which a minor is found by
28 the court to be neglected or abused under Section 2-3 of
29 this Act, custody of the minor shall not be restored to
30 any parent, guardian or legal custodian found by the
31 court to have caused the neglect or to have inflicted the
32 abuse on the minor, unless it is in the best interests of
33 the minor, until such time as a hearing is held on the
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1 issue of the best interests of the minor and the fitness
2 of such parent, guardian or legal custodian to care for
3 the minor without endangering the minor's health or
4 safety, and the court enters an order that such parent,
5 guardian or legal custodian is fit to care for the minor.
6 (b) A minor under 18 years of age found to be
7 dependent under Section 2-4 may be (1) placed in
8 accordance with Section 2-27 or (2) ordered partially or
9 completely emancipated in accordance with the provisions
10 of the Emancipation of Mature Minors Act.
11 However, in any case in which a minor is found by
12 the court to be dependent under Section 2-4 of this Act
13 and the court has made a further finding under paragraph
14 (2) of Section 2-21 that such dependency is caused by a
15 parent, guardian, or legal custodian or the result of
16 physical abuse, custody of the minor shall not be
17 restored to any parent, guardian or legal custodian found
18 by the court to have caused the dependency or inflicted
19 physical abuse on the minor until such time as a hearing
20 is held on the issue of the fitness of such parent,
21 guardian or legal custodian to care for the minor without
22 endangering the minor's health or safety, and the court
23 enters an order that such parent, guardian or legal
24 custodian is fit to care for the minor.
25 (c) When the court awards guardianship to the
26 Department of Children and Family Services, the court
27 shall order the parents to cooperate with the Department
28 of Children and Family Services, comply with the terms of
29 the service plans, and correct the conditions that
30 require the child to be in care, or risk termination of
31 their parental rights.
32 (d) When the court orders a child restored to the
33 custody of the parent or parents, the court shall order
34 the parent or parents to cooperate with the Department of
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1 Children and Family Services and comply with the terms of
2 an after-care plan, or risk the loss of custody of the
3 child and the possible termination of their parental
4 rights.
5 (2) Any order of disposition may provide for protective
6 supervision under Section 2-24 and may include an order of
7 protection under Section 2-25.
8 Unless the order of disposition expressly so provides, it
9 does not operate to close proceedings on the pending
10 petition, but is subject to modification, not inconsistent
11 with Section 2-28 or 2-28.01, whichever is applicable, until
12 final closing and discharge of the proceedings under Section
13 2-31.
14 (3) The court also shall enter any other orders
15 necessary to fulfill the service plan, including, but not
16 limited to, (i) orders requiring parties to cooperate with
17 services, (ii) restraining orders controlling the conduct of
18 any party likely to frustrate the achievement of the goal,
19 and (iii) visiting orders. Unless otherwise specifically
20 authorized by law, the court is not empowered under this
21 subsection (3) to order specific placements, specific
22 services, or specific service providers to be included in the
23 plan. If the court concludes that the Department of Children
24 and Family Services has abused its discretion in setting the
25 current service plan or permanency goal for the minor, the
26 court shall enter specific findings in writing based on the
27 evidence and shall enter an order for the Department to
28 develop and implement a new permanency goal and service plan
29 consistent with the court's findings. The new service plan
30 shall be filed with the court and served on all parties. The
31 court shall continue the matter until the new service plan is
32 filed.
33 (4) In addition to any other order of disposition, the
34 court may order any minor adjudicated neglected with respect
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1 to his or her own injurious behavior to make restitution, in
2 monetary or non-monetary form, under the terms and conditions
3 of Section 5-5-6 of the Unified Code of Corrections, except
4 that the "presentence hearing" referred to therein shall be
5 the dispositional hearing for purposes of this Section. The
6 parent, guardian or legal custodian of the minor may pay some
7 or all of such restitution on the minor's behalf.
8 (5) Any order for disposition where the minor is
9 committed or placed in accordance with Section 2-27 shall
10 provide for the parents or guardian of the estate of such
11 minor to pay to the legal custodian or guardian of the person
12 of the minor such sums as are determined by the custodian or
13 guardian of the person of the minor as necessary for the
14 minor's needs. Such payments may not exceed the maximum
15 amounts provided for by Section 9.1 of the Children and
16 Family Services Act.
17 (6) Whenever the order of disposition requires the minor
18 to attend school or participate in a program of training, the
19 truant officer or designated school official shall regularly
20 report to the court if the minor is a chronic or habitual
21 truant under Section 26-2a of the School Code.
22 (7) The court may terminate the parental rights of a
23 parent at the initial dispositional hearing if all of the
24 conditions in subsection (5) of Section 2-21 are met.
25 (Source: P.A. 89-17, eff. 5-31-95; 89-235, eff. 8-4-95;
26 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; revised 11-12-97.)
27 (705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
28 Sec. 2-27. Placement; legal custody or guardianship.
29 (1) If the court determines and puts in writing the
30 factual basis supporting the determination of whether the
31 parents, guardian, or legal custodian of a minor adjudged a
32 ward of the court are unfit or are unable, for some reason
33 other than financial circumstances alone, to care for,
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1 protect, train or discipline the minor or are unwilling to do
2 so, and that the health, safety, and best interest of the
3 minor will be jeopardized if the minor remains in the custody
4 of his or her parents, guardian or custodian, the court may
5 at this hearing and at any later point:
6 (a) place the minor in the custody of a suitable
7 relative or other person as legal custodian or guardian;
8 (a-5) with the approval of the Department of
9 Children and Family Services, place the minor in the
10 subsidized guardianship of a suitable relative or other
11 person as legal guardian; "subsidized guardianship" means
12 a private guardianship arrangement for children for whom
13 the permanency goals of return home and adoption have
14 been ruled out and who meet the qualifications for
15 subsidized guardianship as defined by the Department of
16 Children and Family Services in administrative rules;
17 (b) place the minor under the guardianship of a
18 probation officer;
19 (c) commit the minor to an agency for care or
20 placement, except an institution under the authority of
21 the Department of Corrections or of the Department of
22 Children and Family Services;
23 (d) commit the minor to the Department of Children
24 and Family Services for care and service; however, a
25 minor charged with a criminal offense under the Criminal
26 Code of 1961 or adjudicated delinquent shall not be
27 placed in the custody of or committed to the Department
28 of Children and Family Services by any court, except a
29 minor less than 13 years of age and committed to the
30 Department of Children and Family Services under Section
31 5-23 of this Act. The Department shall be given due
32 notice of the pendency of the action and the Guardianship
33 Administrator of the Department of Children and Family
34 Services shall be appointed guardian of the person of the
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1 minor. Whenever the Department seeks to discharge a minor
2 from its care and service, the Guardianship Administrator
3 shall petition the court for an order terminating
4 guardianship. The Guardianship Administrator may
5 designate one or more other officers of the Department,
6 appointed as Department officers by administrative order
7 of the Department Director, authorized to affix the
8 signature of the Guardianship Administrator to documents
9 affecting the guardian-ward relationship of children for
10 whom he or she has been appointed guardian at such times
11 as he or she is unable to perform the duties of his or
12 her office. The signature authorization shall include but
13 not be limited to matters of consent of marriage,
14 enlistment in the armed forces, legal proceedings,
15 adoption, major medical and surgical treatment and
16 application for driver's license. Signature
17 authorizations made pursuant to the provisions of this
18 paragraph shall be filed with the Secretary of State and
19 the Secretary of State shall provide upon payment of the
20 customary fee, certified copies of the authorization to
21 any court or individual who requests a copy.
22 (1.5) In making a determination under this Section, the
23 court shall also consider whether, based on health, safety,
24 and the best interests of the minor,
25 (a) appropriate services aimed at family
26 preservation and family reunification have been
27 unsuccessful in rectifying the conditions that have led
28 to a finding of unfitness or inability to care for,
29 protect, train, or discipline the minor, or
30 (b) no family preservation or family reunification
31 services would be appropriate,
32 and if the petition or amended petition contained an
33 allegation that the parent is an unfit person as defined in
34 subdivision (D) of Section 1 of the Adoption Act, and the
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1 order of adjudication recites that parental unfitness was
2 established by clear and convincing evidence, the court
3 shall, when appropriate and in the best interest of the
4 minor, enter an order terminating parental rights and
5 appointing a guardian with power to consent to adoption in
6 accordance with Section 2-29.
7 When making a placement, the court, wherever possible,
8 shall require the Department of Children and Family Services
9 to select a person holding the same religious belief as that
10 of the minor or a private agency controlled by persons of
11 like religious faith of the minor and shall require the
12 Department to otherwise comply with Section 7 of the Children
13 and Family Services Act in placing the child. In addition,
14 whenever alternative plans for placement are available, the
15 court shall ascertain and consider, to the extent appropriate
16 in the particular case, the views and preferences of the
17 minor.
18 (2) When a minor is placed with a suitable relative or
19 other person pursuant to item (a) of subsection (1), the
20 court shall appoint him or her the legal custodian or
21 guardian of the person of the minor. When a minor is
22 committed to any agency, the court shall appoint the proper
23 officer or representative thereof as legal custodian or
24 guardian of the person of the minor. Legal custodians and
25 guardians of the person of the minor have the respective
26 rights and duties set forth in subsection (9) of Section 1-3
27 except as otherwise provided by order of court; but no
28 guardian of the person may consent to adoption of the minor
29 unless that authority is conferred upon him or her in
30 accordance with Section 2-29. An agency whose representative
31 is appointed guardian of the person or legal custodian of the
32 minor may place the minor in any child care facility, but the
33 facility must be licensed under the Child Care Act of 1969 or
34 have been approved by the Department of Children and Family
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1 Services as meeting the standards established for such
2 licensing. No agency may place a minor adjudicated under
3 Sections 2-3 or 2-4 in a child care facility unless the
4 placement is in compliance with the rules and regulations for
5 placement under this Section promulgated by the Department of
6 Children and Family Services under Section 5 of the Children
7 and Family Services Act. Like authority and restrictions
8 shall be conferred by the court upon any probation officer
9 who has been appointed guardian of the person of a minor.
10 (3) No placement by any probation officer or agency
11 whose representative is appointed guardian of the person or
12 legal custodian of a minor may be made in any out of State
13 child care facility unless it complies with the Interstate
14 Compact on the Placement of Children. Placement with a
15 parent, however, is not subject to that Interstate Compact.
16 (4) The clerk of the court shall issue to the legal
17 custodian or guardian of the person a certified copy of the
18 order of court, as proof of his authority. No other process
19 is necessary as authority for the keeping of the minor.
20 (5) Custody or guardianship granted under this Section
21 continues until the court otherwise directs, but not after
22 the minor reaches the age of 19 years except as set forth in
23 Section 2-31.
24 (6) (Blank). At the dispositional hearing, the court
25 shall consider whether it is appropriate for a motion to be
26 filed to terminate parental rights and appoint a guardian
27 with power to consent to adoption with regard to a parent:
28 (A) whose identity still remains unknown;
29 (B) whose whereabouts remain unknown;
30 (C) who was found in default at the adjudicatory
31 hearing and has not obtained an order setting aside the
32 default in accordance with Section 2-1301 of the Code of
33 Civil Procedure.
34 Notice to a parent for whom an order of default has been
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1 entered on the petition for wardship and has not been set
2 aside shall be provided in accordance with Sections 2-15 and
3 2-16. If a parent's identity or whereabouts are unknown, and
4 a diligent inquiry for such parent has been made at any time
5 within the preceding 12 months, no further inquiry is
6 required to support notice by publication.
7 If the court determines such a motion to be appropriate,
8 it may order the motion to be filed. The court, upon motion,
9 may enter an order terminating parental rights upon
10 appropriate finding and appoint a guardian with power to
11 consent to adoption in accordance with this subsection before
12 or at the first permanency hearing.
13 (Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-626, eff.
14 8-9-96; 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-512, eff.
15 8-22-97; revised 11-17-97.)
16 (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
17 Sec. 2-28. Court review in counties with a population
18 under 3,000,000.
19 (0.5) This Section applies in counties with a population
20 under 3,000,000.
21 (1) The court may require any legal custodian or
22 guardian of the person appointed under this Act to report
23 periodically to the court or may cite him into court and
24 require him or his agency, to make a full and accurate report
25 of his or its doings in behalf of the minor. The custodian
26 or guardian, within 10 days after such citation, shall make
27 the report, either in writing verified by affidavit or orally
28 under oath in open court, or otherwise as the court directs.
29 Upon the hearing of the report the court may remove the
30 custodian or guardian and appoint another in his stead or
31 restore the minor to the custody of his parents or former
32 guardian or custodian. However, custody of the minor shall
33 not be restored to any parent, guardian or legal custodian in
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1 any case in which the minor is found to be neglected or
2 abused under Section 2-3 or dependent under Section 2-4 of
3 this Act, unless the minor can be cared for at home without
4 endangering the minor's health or safety and it is in the
5 best interests of the minor, and if such neglect or abuse is
6 found by the court under paragraph (2) of Section 2-21 of
7 this Act to be caused by a parent, guardian, or legal
8 custodian or the result of physical abuse inflicted on the
9 minor by such parent, guardian or legal custodian, until such
10 time as an investigation is made as provided in paragraph (5)
11 and a hearing is held on the issue of the fitness of such
12 parent, guardian or legal custodian to care for the minor and
13 the court enters an order that such parent, guardian or legal
14 custodian is fit to care for the minor.
15 (2) In counties under 3,000,000 population, The first
16 permanency hearing hearings shall be conducted by the judge.
17 In counties with a population of 3,000,000 or more, the first
18 permanency hearing shall be conducted by a judge. Subsequent
19 permanency hearings may be heard by a judge or by hearing
20 officers appointed or approved by the court in the manner set
21 forth in Section 2-28.1 of this Act. The initial hearing
22 shall be held within 12 months from the date temporary
23 custody was taken. Subsequent permanency hearings shall be
24 held every 6 months or more frequently if necessary in the
25 court's determination following the initial permanency
26 hearing, in accordance with the standards set forth in this
27 Section, until the court determines that the plan and goal
28 have been achieved. Once the plan and goal have been
29 achieved, if the minor remains in substitute care, the case
30 shall be reviewed at least every 6 months thereafter, subject
31 to the provisions of this Section, unless the minor is placed
32 in the guardianship of a suitable relative or other person
33 and the court determines that further monitoring by the court
34 does not further the health, safety or best interest of the
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1 child and that this is a stable permanent placement. The
2 permanency hearings must occur within the time frames set
3 forth in this subsection and may not be delayed in
4 anticipation of a report from any source on or due to the
5 agency's failure to timely file its written report (this
6 written report means the one required under the next
7 paragraph and does not mean the service plan also referred to
8 in that paragraph).
9 The public agency that is the custodian or guardian of
10 the minor, or another agency responsible for the minor's
11 care, shall ensure that all parties to the permanency
12 hearings are provided a copy of the most recent service plan
13 prepared within the prior 6 months at least 14 days in
14 advance of the hearing. If not contained in the plan, the
15 agency shall also include a report setting forth (i) any
16 special physical, psychological, educational, medical,
17 emotional, or other needs of the minor or his or her family
18 that are relevant to a permanency or placement determination
19 and (ii) for any minor age 16 or over, a written description
20 of the programs and services that will enable the minor to
21 prepare for independent living. The agency's written report
22 must detail what progress or lack of progress the parent has
23 made in correcting the conditions requiring the child to be
24 in care; whether the child can be returned home without
25 jeopardizing the child's health, safety, and welfare, and if
26 not, what permanency goal is recommended to be in the best
27 interests of the child, and why the other permanency goals
28 are not appropriate. The caseworker must appear and testify
29 at the permanency hearing. If a permanency hearing has not
30 previously been scheduled by the court, the moving party
31 shall move for the setting of a permanency hearing and the
32 entry of an order within the time frames set forth in this
33 subsection.
34 At the permanency hearing, the court shall determine the
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1 future status of the child. The court shall set one of the
2 following permanency goals:
3 (A) The minor will be returned home by a specific
4 date within 5 months.
5 (B) The minor will be in short-term care with a
6 continued goal to return home within a period not to
7 exceed one year, where the progress of the parent or
8 parents is substantial giving particular consideration to
9 the age and individual needs of the minor.
10 (B-1) The minor will be in short-term care with a
11 continued goal to return home pending a status hearing.
12 When the court finds that a parent has not made
13 reasonable efforts or reasonable progress to date, the
14 court shall identify what actions the parent and the
15 Department must take in order to justify a finding of
16 reasonable efforts or reasonable progress and shall set a
17 status hearing to be held not earlier than 9 months from
18 the date of adjudication nor later than 11 months from
19 the date of adjudication during which the parent's
20 progress will again be reviewed.
21 (C) The minor will be in substitute care pending
22 court determination on termination of parental rights.
23 (D) Adoption, provided that parental rights have
24 been terminated or relinquished.
25 (E) The guardianship of the minor will be
26 transferred to an individual or couple on a permanent
27 basis provided that goals (A) through (D) have been ruled
28 out.
29 (F) The minor over age 12 will be in substitute
30 care pending independence.
31 (G) The minor will be in substitute care because he
32 or she cannot be provided for in a home environment due
33 to developmental disabilities or mental illness or
34 because he or she is a danger to self or others, provided
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1 that goals (A) through (D) have been ruled out.
2 In selecting any permanency goal, the court shall
3 indicate in writing the reasons the goal was selected and why
4 the preceding goals were ruled out. Where the court has
5 selected a permanency goal other than (A), (B), or (B-1), the
6 Department of Children and Family Services shall not provide
7 further reunification services, but shall provide services
8 consistent with the goal selected.
9 The court shall set a consider the following factors when
10 setting the permanency goal that is in the best interest of
11 the child. The court's determination shall include the
12 following factors:
13 (1) Age of the child.
14 (2) Options available for permanence.
15 (3) Current placement of the child and the intent
16 of the family regarding adoption.
17 (4) Emotional, physical, and mental status or
18 condition of the child.
19 (5) Types of services previously offered and
20 whether or not the services were successful and, if not
21 successful, the reasons the services failed.
22 (6) Availability of services currently needed and
23 whether the services exist.
24 (7) Status of siblings of the minor.
25 The court shall consider (i) the permanency goal
26 contained in the service plan, (ii) the appropriateness of
27 the services contained in the plan and whether those services
28 have been provided, (iii) whether reasonable efforts have
29 been made by all the parties to the service plan to achieve
30 the goal, and (iv) whether the plan and goal have been
31 achieved. All evidence relevant to determining these
32 questions, including oral and written reports, may be
33 admitted and may be relied on to the extent of their
34 probative value.
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1 If the goal has been achieved, the court shall enter
2 orders that are necessary to conform the minor's legal
3 custody and status to those findings.
4 If, after receiving evidence, the court determines that
5 the services contained in the plan are not reasonably
6 calculated to facilitate achievement of the permanency goal,
7 the court shall put in writing the factual basis supporting
8 the determination and enter specific findings based on the
9 evidence. The court also shall enter an order for the
10 Department to develop and implement a new service plan or to
11 implement changes to the current service plan consistent with
12 the court's findings. The new service plan shall be filed
13 with the court and served on all parties within 45 days of
14 the date of the order. The court shall continue the matter
15 until the new service plan is filed. Unless otherwise
16 specifically authorized by law, the court is not empowered
17 under this subsection (2) or under subsection (3) to order
18 specific placements, specific services, or specific service
19 providers to be included in the plan.
20 A guardian or custodian appointed by the court pursuant
21 to this Act shall file updated case plans with the court
22 every 6 months.
23 Rights of wards of the court under this Act are
24 enforceable against any public agency by complaints for
25 relief by mandamus filed in any proceedings brought under
26 this Act.
27 (3) Following the permanency hearing, the court shall
28 enter a written order that includes the determinations
29 required under subsection (2) of this Section 2-28, and sets
30 forth the following:
31 (a) The future status of the minor, including the
32 permanency goal, and any order necessary to conform the
33 minor's legal custody and status to such determination;
34 or
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1 (b) If the permanency goal of the minor cannot be
2 achieved immediately, the specific reasons for continuing
3 the minor in the care of the Department of Children and
4 Family Services or other agency for short term placement,
5 and the following determinations:
6 (i) (Blank).
7 (ii) Whether the services required by the
8 court and by any service plan prepared within the
9 prior 6 months have been provided and (A) if so,
10 whether the services were reasonably calculated to
11 facilitate the achievement of the permanency goal or
12 (B) if not provided, why the services were not
13 provided.
14 (iii) Whether the minor's placement is
15 necessary, and appropriate to the plan and goal,
16 recognizing the right of minors to the least
17 restrictive (most family-like) setting available and
18 in close proximity to the parents' home consistent
19 with the health, safety, best interest and special
20 needs of the minor and, if the minor is placed
21 out-of-State, whether the out-of-State placement
22 continues to be appropriate and consistent with the
23 health, safety, and best interest of the minor.
24 (iv) (Blank).
25 (v) (Blank).
26 Any order entered pursuant to this subsection (3) shall
27 be immediately appealable as a matter of right under Supreme
28 Court Rule 304(b)(1).
29 (4) The minor or any person interested in the minor may
30 apply to the court for a change in custody of the minor and
31 the appointment of a new custodian or guardian of the person
32 or for the restoration of the minor to the custody of his
33 parents or former guardian or custodian.
34 When return home is not selected as the permanency goal:
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1 (a) The Department, the minor, State's Attorney or
2 the current foster parent or relative caregiver seeking
3 private guardianship may file a motion for private
4 guardianship of the minor. Appointment of a guardian
5 under this Section requires approval of the court and the
6 Department of Children and Family Services.
7 (b) The State's Attorney may file a motion to
8 terminate parental rights of any parent who has failed to
9 make reasonable efforts to correct the conditions which
10 led to the removal of the child or reasonable progress
11 toward the return of the child, as defined in subdivision
12 (D)(m) of Section 1 of the Adoption Act or for whom any
13 other unfitness ground for terminating parental rights as
14 defined in subdivision (D) of Section 1 of the Adoption
15 Act exists.
16 Custody of the minor shall not be restored to any parent,
17 guardian or legal custodian in any case in which the minor is
18 found to be neglected or abused under Section 2-3 or
19 dependent under Section 2-4 of this Act, unless the minor can
20 be cared for at home without endangering his or her health or
21 safety and it is in the best interest of the minor, and if
22 such neglect, or abuse, or dependency is found by the court
23 under paragraph (2) of Section 2-21 of this Act to be caused
24 by the parent, guardian, or legal custodian, or the result of
25 physical abuse inflicted on the minor by such parent,
26 guardian or legal custodian, until such time as an
27 investigation is made as provided in paragraph (4) and a
28 hearing is held on the issue of the health, safety and best
29 interest of the minor and the fitness of such parent,
30 guardian or legal custodian to care for the minor and the
31 court enters an order that such parent, guardian or legal
32 custodian is fit to care for the minor. In the event that
33 the minor has attained 18 years of age and the guardian or
34 custodian petitions the court for an order terminating his
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1 guardianship or custody, guardianship or custody shall
2 terminate automatically 30 days after the receipt of the
3 petition unless the court orders otherwise. No legal
4 custodian or guardian of the person may be removed without
5 his consent until given notice and an opportunity to be heard
6 by the court.
7 When the court orders a child restored to the custody of
8 the parent or parents, the court shall order the parent or
9 parents to cooperate with the Department of Children and
10 Family Services and comply with the terms of an after-care
11 plan, or risk the loss of custody of the child and possible
12 termination of their parental rights. The court may also
13 enter an order of protective supervision in accordance with
14 Section 2-24.
15 (5) Whenever a parent, guardian, or legal custodian
16 files a motion for restoration of custody of the minor, and
17 the minor was adjudicated neglected, or abused, or dependent
18 as a result of physical abuse, the court shall cause to be
19 made an investigation as to whether the movant has ever been
20 charged with or convicted of any criminal offense which would
21 indicate the likelihood of any further physical abuse to the
22 minor. Evidence of such criminal convictions shall be taken
23 into account in determining whether the minor can be cared
24 for at home without endangering his or her health or safety
25 and fitness of the parent, guardian, or legal custodian.
26 (a) Any agency of this State or any subdivision
27 thereof shall co-operate with the agent of the court in
28 providing any information sought in the investigation.
29 (b) The information derived from the investigation
30 and any conclusions or recommendations derived from the
31 information shall be provided to the parent, guardian, or
32 legal custodian seeking restoration of custody prior to
33 the hearing on fitness and the movant shall have an
34 opportunity at the hearing to refute the information or
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1 contest its significance.
2 (c) All information obtained from any investigation
3 shall be confidential as provided in Section 1-10 of this
4 Act.
5 (Source: P.A. 89-17, eff. 5-31-95; 89-21, eff. 7-1-95;
6 89-626, eff. 8-9-96; 90-27, eff. 1-1-98; 90-28, eff. 1-1-98;
7 90-87, eff. 9-1-97; revised 11-12-97.)
8 (705 ILCS 405/2-28.1)
9 Sec. 2-28.1. Permanency hearings; before hearing
10 officers.
11 (a) The chief judge of the circuit court may appoint
12 hearing officers to conduct the permanency hearings set forth
13 in subsection (2) of Section 2-28 or subsection (c) of
14 Section 2-28.01 of this Act, in accordance with the
15 provisions of this Section. The hearing officers shall be
16 attorneys with at least 3 years experience in child abuse and
17 neglect or permanency planning and in counties with a
18 population of 3,000,000 or more, admitted to practice for at
19 least 7 years. Once trained by the court, hearing officers
20 shall be authorized to do the following:
21 (1) Conduct a fair and impartial hearing.
22 (2) Summon and compel the attendance of witnesses.
23 (3) Administer the oath or affirmation and take
24 testimony under oath or affirmation.
25 (4) Require the production of evidence relevant to
26 the permanency hearing to be conducted. That evidence
27 may include, but need not be limited to case plans,
28 social histories, medical and psychological evaluations,
29 child placement histories, visitation records, and other
30 documents and writings applicable to those items.
31 (5) Rule on the admissibility of evidence using the
32 standard applied at a dispositional hearing under Section
33 2-22 of this Act.
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1 (6) When necessary, cause notices to be issued
2 requiring parties, the public agency that is custodian or
3 guardian of the minor, or another agency responsible for
4 the minor's care to appear either before the hearing
5 officer or in court.
6 (7) Analyze the evidence presented to the hearing
7 officer and prepare written recommended orders, including
8 findings of fact, based on the evidence.
9 (8) Prior to the hearing, conduct any pre-hearings
10 that may be necessary.
11 (9) Conduct in camera interviews with children when
12 requested by a child or the child's guardian ad litem.
13 In counties with a population of 3,000,000 or more, hearing
14 officers shall also be authorized to do the following:
15 (i) (1) (10) Accept specific consents for adoption
16 or surrenders of parental rights from a parent or
17 parents.
18 (ii) (2) (11) Conduct hearings on the progress made
19 toward the permanency goal set for the minor.
20 (iii) (3) (12) Perform other duties as assigned by
21 the court.
22 (b) The hearing officer shall consider evidence and
23 conduct the permanency hearings as set forth in subsections
24 (2) and (3) of Section 2-28 or subsection (c) of Section
25 2-28.01 of this Act in accordance with the standards set
26 forth therein. The hearing officer shall assure that a
27 verbatim record of the proceedings is made and retained for a
28 period of 12 months or until the next permanency hearing,
29 whichever date is later, and shall direct to the clerk of the
30 court all documents and evidence to be made part of the court
31 file. The hearing officer shall inform the participants of
32 their individual rights and responsibilities. The hearing
33 officer shall identify the issues to be reviewed under
34 subsection (2) of Section 2-28 or subsection (c) of Section
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1 2-28.01, consider all relevant facts, and receive or request
2 any additional information necessary to make recommendations
3 to the court.
4 If a party fails to appear at the hearing, the hearing
5 officer may proceed to the permanency hearing with the
6 parties present at the hearing. The hearing officer shall
7 specifically note for the court the absence of any parties.
8 If all parties are present at the permanency hearing, and the
9 parties and the Department are in agreement that the service
10 plan and permanency goal are appropriate or are in agreement
11 that the permanency goal for the child has been achieved, the
12 hearing officer shall prepare a recommended order, including
13 findings of fact, to be submitted to the court, and all
14 parties and the Department shall sign the recommended order
15 at the time of the hearing. The recommended order will then
16 be submitted to the court for its immediate consideration and
17 the entry of an appropriate order.
18 The court may enter an order consistent with the
19 recommended order without further hearing or notice to the
20 parties, may refer the matter to the hearing officer for
21 further proceedings, or may hold such additional hearings as
22 the court deems necessary. All parties present at the
23 hearing and the Department shall be tendered a copy of the
24 court's order at the conclusion of the hearing.
25 (c) If one or more parties are not present at the
26 permanency hearing, or any party or the Department of
27 Children and Family Services objects to the hearing officer's
28 recommended order, including any findings of fact, the
29 hearing officer shall set the matter for a judicial
30 determination within 30 days of the permanency hearing for
31 the entry of the recommended order or for receipt of the
32 parties' objections. Any objections shall identify the
33 specific findings or recommendations that are contested, the
34 basis for the objections, and the evidence or applicable law
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1 supporting the objection. The recommended order and its
2 contents may not be disclosed to anyone other than the
3 parties and the Department or other agency unless otherwise
4 specifically ordered by a judge of the court.
5 Following the receipt of objections consistent with this
6 subsection from any party or the Department of Children and
7 Family Services to the hearing officer's recommended orders,
8 the court shall make a judicial determination of those
9 portions of the order to which objections were made, and
10 shall enter an appropriate order. The court may refuse to
11 review any objections that fail to meet the requirements of
12 this subsection.
13 (d) The following are judicial functions and shall be
14 performed only by a circuit judge or associate judge:
15 (1) Review of the recommended orders of the hearing
16 officer and entry of orders the court deems appropriate.
17 (2) Conduct of judicial hearings on all pre-hearing
18 motions and other matters that require a court order and
19 entry of orders as the court deems appropriate.
20 (3) Conduct of judicial determinations on all
21 matters in which the parties or the Department of
22 Children and Family Services disagree with the hearing
23 officer's recommended orders under subsection (3).
24 (4) Issuance of rules to show cause, conduct of
25 contempt proceedings, and imposition of appropriate
26 sanctions or relief.
27 (Source: P.A. 89-17, eff. 5-31-95; 90-27, eff. 1-1-98; 90-28,
28 eff. 1-1-98; 90-87, eff. 9-1-97; revised 11-12-97.)
29 (705 ILCS 405/2-29) (from Ch. 37, par. 802-29)
30 Sec. 2-29. Adoption; appointment of guardian with power
31 to consent.
32 (1) With leave of the court, a minor who is the subject
33 of an abuse, neglect, or dependency petition under this Act
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1 may be the subject of a petition for adoption under the
2 Adoption Act.
3 (1.1) The parent or parents of a child in whose interest
4 a petition under Section 2-13 of this Act is pending may, in
5 the manner required by the Adoption Act, (a) surrender him or
6 her for adoption to an agency legally authorized or licensed
7 to place children for adoption, (b) consent to his or her
8 adoption, or (c) consent to his or her adoption by a
9 specified person or persons. Nothing in this Section requires
10 that the parent or parents execute the surrender, consent, or
11 consent to adoption by a specified person in open court.
12 (2) If a petition or motion alleges and the court finds
13 that it is in the best interest of the minor that parental
14 rights be terminated and the petition or motion requests that
15 a guardian of the person be appointed and authorized to
16 consent to the adoption of the minor, the court, with the
17 consent of the parents, if living, or after finding, based
18 upon clear and convincing evidence, that a parent is an unfit
19 person as defined in Section 1 of the Adoption Act, may
20 terminate parental rights and empower the guardian of the
21 person of the minor, in the order appointing him or her as
22 such guardian, to appear in court where any proceedings for
23 the adoption of the minor may at any time be pending and to
24 consent to the adoption. Such consent is sufficient to
25 authorize the court in the adoption proceedings to enter a
26 proper order or judgment of adoption without further notice
27 to, or consent by, the parents of the minor. An order so
28 empowering the guardian to consent to adoption deprives the
29 parents of the minor of all legal rights as respects the
30 minor and relieves them of all parental responsibility for
31 him or her, and frees the minor from all obligations of
32 maintenance and obedience to his or her natural parents.
33 If the minor is over 14 years of age, the court may, in
34 its discretion, consider the wishes of the minor in
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1 determining whether the best interests of the minor would be
2 promoted by the finding of the unfitness of a non-consenting
3 parent.
4 (2.1) Notice to a parent who has appeared or been served
5 with summons personally or by certified mail, and for whom an
6 order of default has been entered on the petition for
7 wardship and has not been set aside shall be provided in
8 accordance with Supreme Court Rule 11. Notice to a parent
9 who was served by publication and for whom an order of
10 default has been entered on the petition for wardship and has
11 not been set aside shall be provided in accordance with
12 Sections 2-15 and 2-16.
13 (3) Parental consent to the order terminating parental
14 rights and authorizing the guardian of the person to consent
15 to adoption of the minor shall be made in open court whenever
16 possible and otherwise must be in writing and signed in the
17 form provided in the Adoption Act, but no names of
18 petitioners for adoption need be included.
19 (4) A finding of the unfitness of a parent must be made
20 in compliance with the Adoption Act, without regard to the
21 likelihood that the child will be placed for adoption, and be
22 based upon clear and convincing evidence. Provisions of the
23 Adoption Act relating to minor parents and to mentally ill or
24 mentally deficient parents apply to proceedings under this
25 Section and any findings with respect to such parents shall
26 be based upon clear and convincing evidence.
27 (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
28 P.A. 90-443); 90-28, eff. 1-1-98; 90-443, eff. 8-16-97.)
29 (705 ILCS 405/2-31) (from Ch. 37, par. 802-31)
30 Sec. 2-31. Duration of wardship and discharge of
31 proceedings.
32 (1) All proceedings under this Act in respect of any
33 minor for whom a petition was filed after the effective date
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1 of this amendatory Act of 1991 automatically terminate upon
2 his attaining the age of 19 years, except that a court may
3 continue the wardship of a minor until age 21 for good cause
4 when there is satisfactory evidence presented to the court
5 and the court makes written factual findings that the health,
6 safety, and best interest of the minor and the public require
7 the continuation of the wardship.
8 (2) Whenever the court determines, and makes written
9 factual findings, that health, safety, and the best interests
10 of the minor and the public no longer require the wardship of
11 the court, the court shall order the wardship terminated and
12 all proceedings under this Act respecting that minor finally
13 closed and discharged. The court may at the same time
14 continue or terminate any custodianship or guardianship
15 theretofore ordered but the termination must be made in
16 compliance with Section 2-28 or 2-28.01, whichever is
17 applicable.
18 (3) The wardship of the minor and any custodianship or
19 guardianship respecting the minor for whom a petition was
20 filed after the effective date of this amendatory Act of 1991
21 automatically terminates when he attains the age of 19 years
22 except as set forth in subsection (1) of this Section. The
23 clerk of the court shall at that time record all proceedings
24 under this Act as finally closed and discharged for that
25 reason.
26 (Source: P.A. 90-28, eff. 1-1-98; revised 11-12-97.)
27 (705 ILCS 405/2-28.01 rep.)
28 Section 32. The Juvenile Court Act of 1987 is amended by
29 repealing Section 2-28.01.
30 Section 35. The Mental Health and Developmental
31 Disabilities Confidentiality Act is amended by changing
32 Sections 7.1 and 10 as follows:
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1 (740 ILCS 110/7.1)
2 Sec. 7.1. Interagency disclosures.
3 (a) Nothing in this Act shall be construed to prevent
4 the interagency disclosure of the name, social security
5 number, and information concerning services rendered,
6 currently being rendered, or proposed to be rendered
7 regarding a recipient of services. This disclosure may be
8 made only between agencies or departments of the State
9 including, but not limited to: (i) the Department of Human
10 Services, (ii) the Department of Public Aid, (iii) the
11 Department of Public Health, and (iv) the State Board of
12 Education, and (v) the Department of Children and Family
13 Services for the purpose of a diligent search for a missing
14 parent pursuant to Sections 2-15 and 2-16 of the Juvenile
15 Court Act of 1987 if the Department of Children and Family
16 Services has reason to believe the parent is residing in a
17 mental health facility, when one or more agencies or
18 departments of the State have entered into a prior
19 interagency agreement, memorandum of understanding, or
20 similar agreement to jointly provide or cooperate in the
21 provision of or funding of mental health or developmental
22 disabilities services.
23 The Department of Children and Family Services shall not
24 redisclose the information received under this Section other
25 than for purposes of service provision or as necessary for
26 proceedings under the Juvenile Court Act of 1987.
27 (b) This Section applies to, but is not limited to,
28 interagency disclosures under interagency agreements entered
29 into in compliance with the Early Intervention Services
30 System Act.
31 (c) Information disclosed under this Section shall be
32 for the limited purpose of coordinating State efforts in
33 providing efficient interagency service systems and avoiding
34 duplication of interagency services.
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1 (d) Information disclosed under this Section shall be
2 limited to the recipient's name, address, social security
3 number or other individually assigned identifying number, or
4 information generally descriptive of services rendered or to
5 be rendered. The disclosure of individual clinical or
6 treatment records or other confidential information is not
7 authorized by this Section.
8 (Source: P.A. 88-484; 89-507, eff. 7-1-97.)
9 (740 ILCS 110/10) (from Ch. 91 1/2, par. 810)
10 (Text of Section WITH the changes made by P.A. 89-7,
11 which has been held unconstitutional)
12 Sec. 10. Disclosure in civil, criminal, and other
13 proceedings.
14 (a) Except as provided herein, in any civil, criminal,
15 administrative, or legislative proceeding, or in any
16 proceeding preliminary thereto, a recipient, and a therapist
17 on behalf and in the interest of a recipient, has the
18 privilege to refuse to disclose and to prevent the disclosure
19 of the recipient's record or communications.
20 (1) Records and communications may be disclosed in
21 a civil, criminal or administrative proceeding in which
22 the recipient introduces his mental condition or any
23 aspect of his services received for such condition as an
24 element of his claim or defense, if and only to the
25 extent the court in which the proceedings have been
26 brought, or, in the case of an administrative proceeding,
27 the court to which an appeal or other action for review
28 of an administrative determination may be taken, finds,
29 after in camera examination of testimony or other
30 evidence, that it is relevant, probative, not unduly
31 prejudicial or inflammatory, and otherwise clearly
32 admissible; that other satisfactory evidence is
33 demonstrably unsatisfactory as evidence of the facts
HB3665 Engrossed -76- LRB9010727RCpc
1 sought to be established by such evidence; and that
2 disclosure is more important to the interests of
3 substantial justice than protection from injury to the
4 therapist-recipient relationship or to the recipient or
5 other whom disclosure is likely to harm. Except in a
6 criminal proceeding in which the recipient, who is
7 accused in that proceeding, raises the defense of
8 insanity, no record or communication between a therapist
9 and a recipient shall be deemed relevant for purposes of
10 this subsection, except the fact of treatment, the cost
11 of services and the ultimate diagnosis unless the party
12 seeking disclosure of the communication clearly
13 establishes in the trial court a compelling need for its
14 production. However, for purposes of this Act, in any
15 action brought or defended under the Illinois Marriage
16 and Dissolution of Marriage Act, or in any action in
17 which pain and suffering is an element of the claim,
18 mental condition shall not be deemed to be introduced
19 merely by making such claim and shall be deemed to be
20 introduced only if the recipient or a witness on his
21 behalf first testifies concerning the record or
22 communication.
23 (2) Records or communications may be disclosed in a
24 civil proceeding after the recipient's death when the
25 recipient's physical or mental condition has been
26 introduced as an element of a claim or defense by any
27 party claiming or defending through or as a beneficiary
28 of the recipient, provided the court finds, after in
29 camera examination of the evidence, that it is relevant,
30 probative, and otherwise clearly admissible; that other
31 satisfactory evidence is not available regarding the
32 facts sought to be established by such evidence; and that
33 disclosure is more important to the interests of
34 substantial justice than protection from any injury which
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1 disclosure is likely to cause.
2 (3) In the event of a claim made or an action filed
3 by a recipient, or, following the recipient's death, by
4 any party claiming as a beneficiary of the recipient for
5 injury caused in the course of providing services to that
6 recipient, the therapist may testify as to pertinent
7 records or communications in any administrative, judicial
8 or discovery proceeding for the purpose of preparing and
9 presenting a defense against the claim or action.
10 (3.1) A therapist has the right to communicate at
11 any time and in any fashion with his or her own counsel
12 or professional liability insurance carrier, or both,
13 concerning any care or treatment he or she provided, or
14 assisted in providing, to any patient.
15 (3.2) A therapist has the right to communicate at
16 any time and in any fashion with his or her present or
17 former employer, principal, partner, professional
18 corporation, or professional liability insurance carrier,
19 or counsel for any of those entities, concerning any care
20 or treatment he or she provided, or assisted in
21 providing, to any patient within the scope of his or her
22 employment, affiliation, or other agency with the
23 employer, principal, partner, or professional
24 corporation.
25 (4) Records and communications made to or by a
26 therapist in the course of examination ordered by a court
27 for good cause shown may, if otherwise relevant and
28 admissible, be disclosed in a civil, criminal, or
29 administrative proceeding in which the recipient is a
30 party or in appropriate pretrial proceedings, provided
31 such court has found that the recipient has been as
32 adequately and as effectively as possible informed before
33 submitting to such examination that such records and
34 communications would not be considered confidential or
HB3665 Engrossed -78- LRB9010727RCpc
1 privileged. Such records and communications shall be
2 admissible only as to issues involving the recipient's
3 physical or mental condition and only to the extent that
4 these are germane to such proceedings.
5 (5) Records and communications may be disclosed in
6 a proceeding under the Probate Act of 1975, to determine
7 a recipient's competency or need for guardianship,
8 provided that the disclosure is made only with respect to
9 that issue.
10 (6) Records and communications may be disclosed
11 when such are made during treatment which the recipient
12 is ordered to undergo to render him fit to stand trial on
13 a criminal charge, provided that the disclosure is made
14 only with respect to the issue of fitness to stand trial.
15 (7) Records and communications of the recipient may
16 be disclosed in any civil or administrative proceeding
17 involving the validity of or benefits under a life,
18 accident, health or disability insurance policy or
19 certificate, or Health Care Service Plan Contract,
20 insuring the recipient, but only if and to the extent
21 that the recipient's mental condition, or treatment or
22 services in connection therewith, is a material element
23 of any claim or defense of any party, provided that
24 information sought or disclosed shall not be redisclosed
25 except in connection with the proceeding in which
26 disclosure is made.
27 (8) Records or communications may be disclosed when
28 such are relevant to a matter in issue in any action
29 brought under this Act and proceedings preliminary
30 thereto, provided that any information so disclosed shall
31 not be utilized for any other purpose nor be redisclosed
32 except in connection with such action or preliminary
33 proceedings.
34 (9) Records and communications of the recipient may
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1 be disclosed in investigations of and trials for homicide
2 when the disclosure relates directly to the fact or
3 immediate circumstances of the homicide.
4 (10) Records and communications of a deceased
5 recipient may be disclosed to a coroner conducting a
6 preliminary investigation into the recipient's death
7 under Section 3-3013 of the Counties Code. However,
8 records and communications of the deceased recipient
9 disclosed in an investigation shall be limited solely to
10 the deceased recipient's records and communications
11 relating to the factual circumstances of the incident
12 being investigated in a mental health facility.
13 (11) Records and communications of a recipient
14 shall be disclosed in a proceeding where a petition or
15 motion is filed under the Juvenile Court Act of 1987 and
16 the recipient is named as a parent of a minor who is the
17 subject of a petition for wardship as described in
18 Section 2-3 of that Act or a minor who is the subject of
19 a petition for wardship as described in Section 2-4 of
20 that Act alleging the minor is abused or neglected or the
21 recipient is named as a parent of a child who is the
22 subject of a petition, supplemental petition, or motion
23 to appoint a guardian with the power to consent to
24 adoption under Section 2-29 of the Juvenile Court Act of
25 1987.
26 (b) Before a disclosure is made under subsection (a),
27 any party to the proceeding or any other interested person
28 may request an in camera review of the record or
29 communications to be disclosed. The court or agency
30 conducting the proceeding may hold an in camera review on its
31 own motion, except that this provision does not apply to
32 paragraph (3.1) of subsection (a) (regarding consultations
33 between a therapist and his or her own counsel or
34 professional liability insurance carrier) or paragraph (3.2)
HB3665 Engrossed -80- LRB9010727RCpc
1 of subsection (a) (regarding consultations between a
2 therapist and his or her employer, principal, partner,
3 professional corporation, or professional liability insurance
4 carrier, or counsel for any of those entities). When,
5 contrary to the express wish of the recipient, the therapist
6 asserts a privilege on behalf and in the interest of a
7 recipient, the court may require that the therapist, in an in
8 camera hearing, establish that disclosure is not in the best
9 interest of the recipient. The court or agency may prevent
10 disclosure or limit disclosure to the extent that other
11 admissible evidence is sufficient to establish the facts in
12 issue, except that a court may not prevent or limit
13 disclosures between a therapist and his or her own counsel or
14 between a therapist and his or her employer, principal,
15 partner, professional corporation, or professional liability
16 insurance carrier, or counsel for any of those entities. The
17 court or agency may enter such orders as may be necessary in
18 order to protect the confidentiality, privacy, and safety of
19 the recipient or of other persons. Any order to disclose or
20 to not disclose shall be considered a final order for
21 purposes of appeal and shall be subject to interlocutory
22 appeal.
23 (c) A recipient's records and communications may be
24 disclosed to a duly authorized committee, commission or
25 subcommittee of the General Assembly which possesses subpoena
26 and hearing powers, upon a written request approved by a
27 majority vote of the committee, commission or subcommittee
28 members. The committee, commission or subcommittee may
29 request records only for the purposes of investigating or
30 studying possible violations of recipient rights. The
31 request shall state the purpose for which disclosure is
32 sought.
33 The facility shall notify the recipient, or his guardian,
34 and therapist in writing of any disclosure request under this
HB3665 Engrossed -81- LRB9010727RCpc
1 subsection within 5 business days after such request. Such
2 notification shall also inform the recipient, or guardian,
3 and therapist of their right to object to the disclosure
4 within 10 business days after receipt of the notification and
5 shall include the name, address and telephone number of the
6 committee, commission or subcommittee member or staff person
7 with whom an objection shall be filed. If no objection has
8 been filed within 15 business days after the request for
9 disclosure, the facility shall disclose the records and
10 communications to the committee, commission or subcommittee.
11 If an objection has been filed within 15 business days after
12 the request for disclosure, the facility shall disclose the
13 records and communications only after the committee,
14 commission or subcommittee has permitted the recipient,
15 guardian or therapist to present his objection in person
16 before it and has renewed its request for disclosure by a
17 majority vote of its members.
18 Disclosure under this subsection shall not occur until
19 all personally identifiable data of the recipient and
20 provider are removed from the records and communications.
21 Disclosure under this subsection shall not occur in any
22 public proceeding.
23 (d) No party to any proceeding described under
24 paragraphs (1), (2), (3), (4), (7), or (8) of subsection (a)
25 of this Section, nor his or her attorney, shall serve a
26 subpoena seeking to obtain access to records or
27 communications under this Act unless the subpoena is
28 accompanied by a written order issued by a judge, authorizing
29 the disclosure of the records or the issuance of the
30 subpoena. No person shall comply with a subpoena for records
31 or communications under this Act, unless the subpoena is
32 accompanied by a written order authorizing the issuance of
33 the subpoena or the disclosure of the records.
34 This amendatory Act of 1995 applies to causes of action
HB3665 Engrossed -82- LRB9010727RCpc
1 filed on or after its effective date.
2 (Source: P.A. 89-7, eff. 3-9-95.)
3 (Text of Section WITHOUT the changes made by P.A. 89-7,
4 which has been held unconstitutional)
5 Sec. 10. (a) Except as provided herein, in any civil,
6 criminal, administrative, or legislative proceeding, or in
7 any proceeding preliminary thereto, a recipient, and a
8 therapist on behalf and in the interest of a recipient, has
9 the privilege to refuse to disclose and to prevent the
10 disclosure of the recipient's record or communications.
11 (1) Records and communications may be disclosed in
12 a civil, criminal or administrative proceeding in which
13 the recipient introduces his mental condition or any
14 aspect of his services received for such condition as an
15 element of his claim or defense, if and only to the
16 extent the court in which the proceedings have been
17 brought, or, in the case of an administrative proceeding,
18 the court to which an appeal or other action for review
19 of an administrative determination may be taken, finds,
20 after in camera examination of testimony or other
21 evidence, that it is relevant, probative, not unduly
22 prejudicial or inflammatory, and otherwise clearly
23 admissible; that other satisfactory evidence is
24 demonstrably unsatisfactory as evidence of the facts
25 sought to be established by such evidence; and that
26 disclosure is more important to the interests of
27 substantial justice than protection from injury to the
28 therapist-recipient relationship or to the recipient or
29 other whom disclosure is likely to harm. Except in a
30 criminal proceeding in which the recipient, who is
31 accused in that proceeding, raises the defense of
32 insanity, no record or communication between a therapist
33 and a recipient shall be deemed relevant for purposes of
34 this subsection, except the fact of treatment, the cost
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1 of services and the ultimate diagnosis unless the party
2 seeking disclosure of the communication clearly
3 establishes in the trial court a compelling need for its
4 production. However, for purposes of this Act, in any
5 action brought or defended under the Illinois Marriage
6 and Dissolution of Marriage Act, or in any action in
7 which pain and suffering is an element of the claim,
8 mental condition shall not be deemed to be introduced
9 merely by making such claim and shall be deemed to be
10 introduced only if the recipient or a witness on his
11 behalf first testifies concerning the record or
12 communication.
13 (2) Records or communications may be disclosed in a
14 civil proceeding after the recipient's death when the
15 recipient's physical or mental condition has been
16 introduced as an element of a claim or defense by any
17 party claiming or defending through or as a beneficiary
18 of the recipient, provided the court finds, after in
19 camera examination of the evidence, that it is relevant,
20 probative, and otherwise clearly admissible; that other
21 satisfactory evidence is not available regarding the
22 facts sought to be established by such evidence; and that
23 disclosure is more important to the interests of
24 substantial justice than protection from any injury which
25 disclosure is likely to cause.
26 (3) In the event of a claim made or an action filed
27 by a recipient, or, following the recipient's death, by
28 any party claiming as a beneficiary of the recipient for
29 injury caused in the course of providing services to such
30 recipient, the therapist and other persons whose actions
31 are alleged to have been the cause of injury may disclose
32 pertinent records and communications to an attorney or
33 attorneys engaged to render advice about and to provide
34 representation in connection with such matter and to
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1 persons working under the supervision of such attorney or
2 attorneys, and may testify as to such records or
3 communication in any administrative, judicial or
4 discovery proceeding for the purpose of preparing and
5 presenting a defense against such claim or action.
6 (4) Records and communications made to or by a
7 therapist in the course of examination ordered by a court
8 for good cause shown may, if otherwise relevant and
9 admissible, be disclosed in a civil, criminal, or
10 administrative proceeding in which the recipient is a
11 party or in appropriate pretrial proceedings, provided
12 such court has found that the recipient has been as
13 adequately and as effectively as possible informed before
14 submitting to such examination that such records and
15 communications would not be considered confidential or
16 privileged. Such records and communications shall be
17 admissible only as to issues involving the recipient's
18 physical or mental condition and only to the extent that
19 these are germane to such proceedings.
20 (5) Records and communications may be disclosed in
21 a proceeding under the Probate Act of 1975, to determine
22 a recipient's competency or need for guardianship,
23 provided that the disclosure is made only with respect to
24 that issue.
25 (6) Records and communications may be disclosed
26 when such are made during treatment which the recipient
27 is ordered to undergo to render him fit to stand trial on
28 a criminal charge, provided that the disclosure is made
29 only with respect to the issue of fitness to stand trial.
30 (7) Records and communications of the recipient may
31 be disclosed in any civil or administrative proceeding
32 involving the validity of or benefits under a life,
33 accident, health or disability insurance policy or
34 certificate, or Health Care Service Plan Contract,
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1 insuring the recipient, but only if and to the extent
2 that the recipient's mental condition, or treatment or
3 services in connection therewith, is a material element
4 of any claim or defense of any party, provided that
5 information sought or disclosed shall not be redisclosed
6 except in connection with the proceeding in which
7 disclosure is made.
8 (8) Records or communications may be disclosed when
9 such are relevant to a matter in issue in any action
10 brought under this Act and proceedings preliminary
11 thereto, provided that any information so disclosed shall
12 not be utilized for any other purpose nor be redisclosed
13 except in connection with such action or preliminary
14 proceedings.
15 (9) Records and communications of the recipient may
16 be disclosed in investigations of and trials for homicide
17 when the disclosure relates directly to the fact or
18 immediate circumstances of the homicide.
19 (10) Records and communications of a deceased
20 recipient may be disclosed to a coroner conducting a
21 preliminary investigation into the recipient's death
22 under Section 3-3013 of the Counties Code. However,
23 records and communications of the deceased recipient
24 disclosed in an investigation shall be limited solely to
25 the deceased recipient's records and communications
26 relating to the factual circumstances of the incident
27 being investigated in a mental health facility.
28 (11) Records and communications of a recipient
29 shall be disclosed in a proceeding where a petition or
30 motion is filed under the Juvenile Court Act of 1987 and
31 the recipient is named as a parent of a minor who is the
32 subject of a petition for wardship as described in
33 Section 2-3 of that Act or a minor who is the subject of
34 a petition for wardship as described in Section 2-4 of
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1 that Act alleging the minor is abused or neglected or the
2 recipient is named as a parent of a child who is the
3 subject of a petition, supplemental petition, or motion
4 to appoint a guardian with the power to consent to
5 adoption under Section 2-29 of the Juvenile Court Act of
6 1987.
7 (b) Before a disclosure is made under subsection (a),
8 any party to the proceeding or any other interested person
9 may request an in camera review of the record or
10 communications to be disclosed. The court or agency
11 conducting the proceeding may hold an in camera review on its
12 own motion. When, contrary to the express wish of the
13 recipient, the therapist asserts a privilege on behalf and in
14 the interest of a recipient, the court may require that the
15 therapist, in an in camera hearing, establish that disclosure
16 is not in the best interest of the recipient. The court or
17 agency may prevent disclosure or limit disclosure to the
18 extent that other admissible evidence is sufficient to
19 establish the facts in issue. The court or agency may enter
20 such orders as may be necessary in order to protect the
21 confidentiality, privacy, and safety of the recipient or of
22 other persons. Any order to disclose or to not disclose
23 shall be considered a final order for purposes of appeal and
24 shall be subject to interlocutory appeal.
25 (c) A recipient's records and communications may be
26 disclosed to a duly authorized committee, commission or
27 subcommittee of the General Assembly which possesses subpoena
28 and hearing powers, upon a written request approved by a
29 majority vote of the committee, commission or subcommittee
30 members. The committee, commission or subcommittee may
31 request records only for the purposes of investigating or
32 studying possible violations of recipient rights. The
33 request shall state the purpose for which disclosure is
34 sought.
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1 The facility shall notify the recipient, or his guardian,
2 and therapist in writing of any disclosure request under this
3 subsection within 5 business days after such request. Such
4 notification shall also inform the recipient, or guardian,
5 and therapist of their right to object to the disclosure
6 within 10 business days after receipt of the notification and
7 shall include the name, address and telephone number of the
8 committee, commission or subcommittee member or staff person
9 with whom an objection shall be filed. If no objection has
10 been filed within 15 business days after the request for
11 disclosure, the facility shall disclose the records and
12 communications to the committee, commission or subcommittee.
13 If an objection has been filed within 15 business days after
14 the request for disclosure, the facility shall disclose the
15 records and communications only after the committee,
16 commission or subcommittee has permitted the recipient,
17 guardian or therapist to present his objection in person
18 before it and has renewed its request for disclosure by a
19 majority vote of its members.
20 Disclosure under this subsection shall not occur until
21 all personally identifiable data of the recipient and
22 provider are removed from the records and communications.
23 Disclosure under this subsection shall not occur in any
24 public proceeding.
25 (d) No party to any proceeding described under
26 paragraphs (1), (2), (3), (4), (7), or (8) of subsection (a)
27 of this Section, nor his or her attorney, shall serve a
28 subpoena seeking to obtain access to records or
29 communications under this Act unless the subpoena is
30 accompanied by a written order issued by a judge, authorizing
31 the disclosure of the records or the issuance of the
32 subpoena. No person shall comply with a subpoena for records
33 or communications under this Act, unless the subpoena is
34 accompanied by a written order authorizing the issuance of
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1 the subpoena or the disclosure of the records.
2 (Source: P.A. 86-1417; 87-124; 87-556; 87-895.)
3 Section 40. The Adoption Act is amended by changing
4 Sections 1 and 10 as follows:
5 (750 ILCS 50/1) (from Ch. 40, par. 1501)
6 Sec. 1. Definitions. When used in this Act, unless the
7 context otherwise requires:
8 A. "Child" means a person under legal age subject to
9 adoption under this Act.
10 B. "Related child" means a child subject to adoption
11 where either or both of the adopting parents stands in any of
12 the following relationships to the child by blood or
13 marriage: parent, grand-parent, brother, sister, step-parent,
14 step-grandparent, step-brother, step-sister, uncle, aunt,
15 great-uncle, great-aunt, or cousin of first degree. A child
16 whose parent has executed a final irrevocable consent to
17 adoption or a final irrevocable surrender for purposes of
18 adoption, or whose parent has had his or her parental rights
19 terminated, is not a related child to that person, unless the
20 consent is determined to be void or is void pursuant to
21 subsection O of Section 10.
22 C. "Agency" for the purpose of this Act means a public
23 child welfare agency or a licensed child welfare agency.
24 D. "Unfit person" means any person whom the court shall
25 find to be unfit to have a child, without regard to the
26 likelihood that the child will be placed for adoption. The
27 grounds of unfitness are any one or more of the following:
28 (a) Abandonment of the child.
29 (a-1) Abandonment of a newborn infant in a
30 hospital.
31 (a-2) Abandonment of a newborn infant in any
32 setting where the evidence suggests that the parent
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1 intended to relinquish his or her parental rights.
2 (b) Failure to maintain a reasonable degree of
3 interest, concern or responsibility as to the child's
4 welfare.
5 (c) Desertion of the child for more than 3 months
6 next preceding the commencement of the Adoption
7 proceeding.
8 (d) Substantial neglect of the child if continuous
9 or repeated.
10 (d-1) Substantial neglect, if continuous or
11 repeated, of any child residing in the household which
12 resulted in the death of that child.
13 (e) Extreme or repeated cruelty to the child.
14 (f) Two or more findings of physical abuse to any
15 children under Section 4-8 of the Juvenile Court Act or
16 Section 2-21 of the Juvenile Court Act of 1987, the most
17 recent of which was determined by the juvenile court
18 hearing the matter to be supported by clear and
19 convincing evidence; a criminal conviction or a finding
20 of not guilty by reason of insanity resulting from the
21 death of any child by physical child abuse; or a finding
22 of physical child abuse resulting from the death of any
23 child under Section 4-8 of the Juvenile Court Act or
24 Section 2-21 of the Juvenile Court Act of 1987.
25 (g) Failure to protect the child from conditions
26 within his environment injurious to the child's welfare.
27 (h) Other neglect of, or misconduct toward the
28 child; provided that in making a finding of unfitness the
29 court hearing the adoption proceeding shall not be bound
30 by any previous finding, order or judgment affecting or
31 determining the rights of the parents toward the child
32 sought to be adopted in any other proceeding except such
33 proceedings terminating parental rights as shall be had
34 under either this Act, the Juvenile Court Act or the
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1 Juvenile Court Act of 1987.
2 (i) Depravity, which includes conviction of any one
3 of the following crimes: (1) first degree murder in
4 violation of paragraph 1 or 2 of subsection (a) of
5 Section 9-1 of the Criminal Code of 1961 or conviction of
6 second degree murder in violation of subsection (a) of
7 Section 9-2 of the Criminal Code of 1961 of a parent of
8 the child to be adopted; (2) a criminal conviction of
9 first degree murder or second degree murder of any child
10 in violation of the Criminal Code of 1961; (3) a criminal
11 conviction of attempt or conspiracy to commit first
12 degree murder or second degree murder of any child in
13 violation of the Criminal Code of 1961; (4) a criminal
14 conviction of solicitation to commit murder of any child,
15 solicitation to commit murder of any child for hire, or
16 solicitation to commit second degree murder of any child
17 in violation of the Criminal Code of 1961; (5) a criminal
18 conviction of accountability for the first or second
19 degree murder of any child in violation of the Criminal
20 Code of 1961; or (6) a criminal conviction of aggravated
21 criminal sexual assault in violation of Section
22 12-14(b)(1) of the Criminal Code of 1961.
23 There is a rebuttable presumption that a parent is
24 depraved if the parent has been criminally convicted of
25 at least 3 felonies under the laws of this State or any
26 other state, or under federal law, or the criminal laws
27 of any United States territory; and at least one of these
28 convictions took place within 5 years of the filing of
29 the petition or motion seeking termination of parental
30 rights.
31 There is a rebuttable presumption that a parent is
32 depraved if that parent has been criminally convicted of
33 either first or second degree murder of any person as
34 defined in the Criminal Code of 1961 within 10 years of
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1 the filing date of the petition or motion to terminate
2 parental rights.
3 (j) Open and notorious adultery or fornication.
4 (j-1) (Blank). Conviction of any one of the
5 following crimes shall create a presumption of unfitness
6 that may be overcome only by clear and convincing
7 evidence: (1) first degree murder in violation of
8 paragraph 1 or 2 of subsection (a) of Section 9-1 of the
9 Criminal Code of 1961 or conviction of second degree
10 murder in violation of subsection (a) of Section 9-2 of
11 the Criminal Code of 1961 of a parent of the child to be
12 adopted; (2) a criminal conviction of first degree murder
13 or second degree murder of any child in violation of the
14 Criminal Code of 1961; (3) a criminal conviction of
15 attempt or conspiracy to commit first degree murder or
16 second degree murder of any child in violation of the
17 Criminal Code of 1961; (4) a criminal conviction of
18 solicitation to commit murder of any child, solicitation
19 to commit murder of any child for hire, or solicitation
20 to commit second degree murder of any child in violation
21 of the Criminal Code of 1961; (5) a criminal conviction
22 of accountability for the first or second degree murder
23 of any child in violation of the Criminal Code of 1961;
24 or (6) a criminal conviction of aggravated criminal
25 sexual assault in violation of Section 12-14(b)(1) of the
26 Criminal Code of 1961.
27 (k) Habitual drunkenness or addiction to drugs,
28 other than those prescribed by a physician, for at least
29 one year immediately prior to the commencement of the
30 unfitness proceeding.
31 There is a rebuttable presumption that a parent is
32 unfit under this subsection with respect to any child to
33 which that parent gives birth where there is a confirmed
34 test result that at birth the child's blood, urine, or
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1 meconium contained any amount of a controlled substance
2 as defined in subsection (f) of Section 102 of the
3 Illinois Controlled Substances Act or metabolites of such
4 substances, the presence of which in the newborn infant
5 was not the result of medical treatment administered to
6 the mother or the newborn infant; and the biological
7 mother of this child is the biological mother of at least
8 one other child who was adjudicated a neglected minor
9 under subsection (c) of Section 2-3 of the Juvenile Court
10 Act of 1987.
11 (l) Failure to demonstrate a reasonable degree of
12 interest, concern or responsibility as to the welfare of
13 a new born child during the first 30 days after its
14 birth.
15 (m) Failure by a parent to make reasonable efforts
16 to correct the conditions that were the basis for the
17 removal of the child from the parent, or to make
18 reasonable progress toward the return of the child to the
19 parent within 9 months after an adjudication of neglected
20 or abused minor under Section 2-3 of the Juvenile Court
21 Act of 1987 or dependent minor under Section 2-4 of that
22 Act. If a service plan has been established as required
23 under Section 8.2 of the Abused and Neglected Child
24 Reporting Act to correct the conditions that were the
25 basis for the removal of the child from the parent and if
26 those services were available, then, for purposes of this
27 Act, "failure to make reasonable progress toward the
28 return of the child to the parent" includes the parent's
29 failure to substantially fulfill his or her obligations
30 under the service plan and correct the conditions that
31 brought the child into care within 9 months after the
32 adjudication under Section 2-3 or 2-4 of the Juvenile
33 Court Act of 1987.
34 (n) Evidence of intent to forego his or her
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1 parental rights, whether or not the child is a ward of
2 the court, (1) as manifested by his or her failure for a
3 period of 12 months: (i) to visit the child, (ii) to
4 communicate with the child or agency, although able to do
5 so and not prevented from doing so by an agency or by
6 court order, or (iii) to maintain contact with or plan
7 for the future of the child, although physically able to
8 do so, or (2) as manifested by the father's failure,
9 where he and the mother of the child were unmarried to
10 each other at the time of the child's birth, (i) to
11 commence legal proceedings to establish his paternity
12 under the Illinois Parentage Act of 1984 or the law of
13 the jurisdiction of the child's birth within 30 days of
14 being informed, pursuant to Section 12a of this Act, that
15 he is the father or the likely father of the child or,
16 after being so informed where the child is not yet born,
17 within 30 days of the child's birth, or (ii) to make a
18 good faith effort to pay a reasonable amount of the
19 expenses related to the birth of the child and to provide
20 a reasonable amount for the financial support of the
21 child, the court to consider in its determination all
22 relevant circumstances, including the financial condition
23 of both parents; provided that the ground for termination
24 provided in this subparagraph (n)(2)(ii) shall only be
25 available where the petition is brought by the mother or
26 the husband of the mother.
27 Contact or communication by a parent with his or her
28 child that does not demonstrate affection and concern
29 does not constitute reasonable contact and planning under
30 subdivision (n). In the absence of evidence to the
31 contrary, the ability to visit, communicate, maintain
32 contact, pay expenses and plan for the future shall be
33 presumed. The subjective intent of the parent, whether
34 expressed or otherwise, unsupported by evidence of the
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1 foregoing parental acts manifesting that intent, shall
2 not preclude a determination that the parent has intended
3 to forego his or her parental rights. In making this
4 determination, the court may consider but shall not
5 require a showing of diligent efforts by an authorized
6 agency to encourage the parent to perform the acts
7 specified in subdivision (n).
8 It shall be an affirmative defense to any allegation
9 under paragraph (2) of this subsection that the father's
10 failure was due to circumstances beyond his control or to
11 impediments created by the mother or any other person
12 having legal custody. Proof of that fact need only be by
13 a preponderance of the evidence.
14 (o) Repeated or continuous failure by the parents,
15 although physically and financially able, to provide the
16 child with adequate food, clothing, or shelter.
17 (p) Inability to discharge parental
18 responsibilities supported by competent evidence from a
19 psychiatrist, licensed clinical social worker, or
20 clinical psychologist of mental impairment, mental
21 illness or mental retardation as defined in Section 1-116
22 of the Mental Health and Developmental Disabilities Code,
23 or developmental disability as defined in Section 1-106
24 of that Code, and there is sufficient justification to
25 believe that the inability to discharge parental
26 responsibilities shall extend beyond a reasonable time
27 period. However, this subdivision (p) shall not be
28 construed so as to permit a licensed clinical social
29 worker to conduct any medical diagnosis to determine
30 mental illness or mental impairment.
31 (q) The parent has been criminally convicted of
32 aggravated battery, heinous battery, or attempted murder
33 of the child or of a sibling or half-sibling of the
34 child. A finding of physical abuse of the child under
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1 Section 4-8 of the Juvenile Court Act or Section 2-21 of
2 the Juvenile Court Act of 1987 and a criminal conviction
3 of aggravated battery of the child.
4 (r) The child is in the temporary custody or
5 guardianship of the Department of Children and Family
6 Services, the parent is incarcerated as a result of
7 criminal conviction at the time the petition or motion
8 for termination of parental rights is filed, prior to
9 incarceration the parent had little or no contact with
10 the child or provided little or no support for the child,
11 and the parent's incarceration will prevent the parent
12 from discharging his or her parental responsibilities for
13 the child for a period in excess of 2 years after the
14 filing of the petition or motion for termination of
15 parental rights.
16 (s) The child is in the temporary custody or
17 guardianship of the Department of Children and Family
18 Services, the parent is incarcerated at the time the
19 petition or motion for termination of parental rights is
20 filed, the parent has been repeatedly incarcerated as a
21 result of criminal convictions, and the parent's repeated
22 incarceration has prevented the parent from discharging
23 his or her parental responsibilities for the child.
24 (t) (r) A finding that at birth the child's blood,
25 or urine, or meconium contained any amount of a
26 controlled substance as defined in subsection (f) of
27 Section 102 of the Illinois Controlled Substances Act, or
28 a metabolite of a controlled substance, with the
29 exception of controlled substances or metabolites of such
30 substances, the presence of which in the newborn infant
31 was the result of medical treatment administered to the
32 mother or the newborn infant, and that the biological
33 mother of this child is the biological mother of at least
34 one other child who was adjudicated a neglected minor
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1 under subsection (c) of Section 2-3 of the Juvenile Court
2 Act of 1987, after which the biological mother had the
3 opportunity to enroll in and participate in a clinically
4 appropriate substance abuse drug counseling, treatment,
5 and rehabilitation program.
6 E. "Parent" means the father or mother of a legitimate
7 or illegitimate child. For the purpose of this Act, a person
8 who has executed a final and irrevocable consent to adoption
9 or a final and irrevocable surrender for purposes of
10 adoption, or whose parental rights have been terminated by a
11 court, is not a parent of the child who was the subject of
12 the consent or surrender, unless the consent is void pursuant
13 to subsection O of Section 10.
14 F. A person is available for adoption when the person
15 is:
16 (a) a child who has been surrendered for adoption
17 to an agency and to whose adoption the agency has
18 thereafter consented;
19 (b) a child to whose adoption a person authorized
20 by law, other than his parents, has consented, or to
21 whose adoption no consent is required pursuant to Section
22 8 of this Act;
23 (c) a child who is in the custody of persons who
24 intend to adopt him through placement made by his
25 parents;
26 (c-1) a child for whom a parent has signed a
27 specific consent pursuant to subsection O of Section 10;
28 or
29 (d) an adult who meets the conditions set forth in
30 Section 3 of this Act.
31 A person who would otherwise be available for adoption
32 shall not be deemed unavailable for adoption solely by reason
33 of his or her death.
34 G. The singular includes the plural and the plural
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1 includes the singular and the "male" includes the "female",
2 as the context of this Act may require.
3 H. "Adoption disruption" occurs when an adoptive
4 placement does not prove successful and it becomes necessary
5 for the child to be removed from placement before the
6 adoption is finalized.
7 I. "Foreign placing agency" is an agency or individual
8 operating in a country or territory outside the United States
9 that is authorized by its country to place children for
10 adoption either directly with families in the United States
11 or through United States based international agencies.
12 J. "Immediate relatives" means the biological parents,
13 the parents of the biological parents and siblings of the
14 biological parents.
15 K. "Intercountry adoption" is a process by which a child
16 from a country other than the United States is adopted.
17 L. "Intercountry Adoption Coordinator" is a staff person
18 of the Department of Children and Family Services appointed
19 by the Director to coordinate the provision of services by
20 the public and private sector to prospective parents of
21 foreign-born children.
22 M. "Interstate Compact on the Placement of Children" is
23 a law enacted by most states for the purpose of establishing
24 uniform procedures for handling the interstate placement of
25 children in foster homes, adoptive homes, or other child care
26 facilities.
27 N. "Non-Compact state" means a state that has not
28 enacted the Interstate Compact on the Placement of Children.
29 O. "Preadoption requirements" are any conditions
30 established by the laws or regulations of the Federal
31 Government or of each state that must be met prior to the
32 placement of a child in an adoptive home.
33 P. "Abused child" means a child whose parent or
34 immediate family member, or any person responsible for the
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1 child's welfare, or any individual residing in the same home
2 as the child, or a paramour of the child's parent:
3 (a) inflicts, causes to be inflicted, or allows to
4 be inflicted upon the child physical injury, by other
5 than accidental means, that causes death, disfigurement,
6 impairment of physical or emotional health, or loss or
7 impairment of any bodily function;
8 (b) creates a substantial risk of physical injury
9 to the child by other than accidental means which would
10 be likely to cause death, disfigurement, impairment of
11 physical or emotional health, or loss or impairment of
12 any bodily function;
13 (c) commits or allows to be committed any sex
14 offense against the child, as sex offenses are defined in
15 the Criminal Code of 1961 and extending those definitions
16 of sex offenses to include children under 18 years of
17 age;
18 (d) commits or allows to be committed an act or
19 acts of torture upon the child; or
20 (e) inflicts excessive corporal punishment.
21 Q. "Neglected child" means any child whose parent or
22 other person responsible for the child's welfare withholds or
23 denies nourishment or medically indicated treatment including
24 food or care denied solely on the basis of the present or
25 anticipated mental or physical impairment as determined by a
26 physician acting alone or in consultation with other
27 physicians or otherwise does not provide the proper or
28 necessary support, education as required by law, or medical
29 or other remedial care recognized under State law as
30 necessary for a child's well-being, or other care necessary
31 for his or her well-being, including adequate food, clothing
32 and shelter; or who is abandoned by his or her parents or
33 other person responsible for the child's welfare.
34 A child shall not be considered neglected or abused for
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1 the sole reason that the child's parent or other person
2 responsible for his or her welfare depends upon spiritual
3 means through prayer alone for the treatment or cure of
4 disease or remedial care as provided under Section 4 of the
5 Abused and Neglected Child Reporting Act.
6 R. "Putative father" means a man who may be a child's
7 father, but who (1) is not married to the child's mother on
8 or before the date that the child was or is to be born and
9 (2) has not established paternity of the child in a court
10 proceeding before the filing of a petition for the adoption
11 of the child. The term includes a male who is less than 18
12 years of age. "Putative father" does not mean a man who is
13 the child's father as a result of criminal sexual abuse or
14 assault as defined under Article 12 of the Criminal Code of
15 1961.
16 (Source: P.A. 89-235, eff. 8-4-95; 89-704, eff. 8-16-97
17 (changed from 1-1-98 by P.A. 90-443); 90-13, eff. 6-13-97;
18 90-15, eff. 6-13-97; 90-27, eff. 1-1-98 except subdiv. (D)(m)
19 eff. 6-25-97; 90-28, eff. 1-1-98 except subdiv. (D)(m) eff.
20 6-25-97; 90-443, eff. 8-16-97; revised 11-26-97.)
21 (750 ILCS 50/10) (from Ch. 40, par. 1512)
22 Sec. 10. Forms of consent and surrender; execution and
23 acknowledgment thereof.)
24 A. The form of consent required for the adoption of a
25 born child shall be substantially as follows:
26 FINAL AND IRREVOCABLE CONSENT TO ADOPTION
27 I, ...., (relationship, e.g., mother, father, relative,
28 guardian) of ...., a ..male child, state:
29 That such child was born on .... at ....
30 That I reside at ...., County of .... and State of ....
31 That I am of the age of .... years.
32 That I hereby enter my appearance in this proceeding and
33 waive service of summons on me.
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1 That I do hereby consent and agree to the adoption of
2 such child.
3 That I wish to and understand that by signing this
4 consent I do irrevocably and permanently give up all custody
5 and other parental rights I have to such child.
6 That I understand such child will be placed for adoption
7 and that I cannot under any circumstances, after signing this
8 document, change my mind and revoke or cancel this consent or
9 obtain or recover custody or any other rights over such
10 child. That I have read and understand the above and I am
11 signing it as my free and voluntary act.
12 Dated this .... day of ...., 19....
13 If under Section 8 the consent of more than one person is
14 required, then each such person shall execute a separate
15 consent.
16 B. The form of consent required for the adoption of an
17 unborn child shall be substantially as follows:
18 CONSENT TO ADOPTION OF UNBORN CHILD
19 I, ...., state:
20 That I am the father of a child expected to be born on or
21 about .... to .... (name of mother).
22 That I reside at .... County of ...., and State of .....
23 That I am of the age of .... years.
24 That I hereby enter my appearance in such adoption
25 proceeding and waive service of summons on me.
26 That I do hereby consent and agree to the adoption of
27 such child, and that I have not previously executed a consent
28 or surrender with respect to such child.
29 That I wish to and do understand that by signing this
30 consent I do irrevocably and permanently give up all custody
31 and other parental rights I have to such child, except that I
32 have the right to revoke this consent by giving written
33 notice of my revocation not later than 72 hours after the
34 birth of the child.
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1 That I understand such child will be placed for adoption
2 and that, except as hereinabove provided, I cannot under any
3 circumstances, after signing this document, change my mind
4 and revoke or cancel this consent or obtain or recover
5 custody or any other rights over such child.
6 That I have read and understand the above and I am
7 signing it as my free and voluntary act.
8 Dated this .... day of ...., 19...
9 ........................
10 C. The form of surrender to any agency given by a parent
11 of a born child who is to be subsequently placed for adoption
12 shall be substantially as follows and shall contain such
13 other facts and statements as the particular agency shall
14 require.
15 FINAL AND IRREVOCABLE SURRENDER
16 FOR PURPOSES OF ADOPTION
17 I, .... (relationship, e.g., mother, father, relative,
18 guardian) of ...., a ..male child, state:
19 That such child was born on ...., at .....
20 That I reside at ...., County of ...., and State of .....
21 That I am of the age of .... years.
22 That I do hereby surrender and entrust the entire custody
23 and control of such child to the .... (the "Agency"), a
24 (public) (licensed) child welfare agency with its principal
25 office in the City of ...., County of .... and State of ....,
26 for the purpose of enabling it to care for and supervise the
27 care of such child, to place such child for adoption and to
28 consent to the legal adoption of such child.
29 That I hereby grant to the Agency full power and
30 authority to place such child with any person or persons it
31 may in its sole discretion select to become the adopting
32 parent or parents and to consent to the legal adoption of
33 such child by such person or persons; and to take any and all
34 measures which, in the judgment of the Agency, may be for the
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1 best interests of such child, including authorizing medical,
2 surgical and dental care and treatment including inoculation
3 and anaesthesia for such child.
4 That I wish to and understand that by signing this
5 surrender I do irrevocably and permanently give up all
6 custody and other parental rights I have to such child.
7 That I understand I cannot under any circumstances, after
8 signing this surrender, change my mind and revoke or cancel
9 this surrender or obtain or recover custody or any other
10 rights over such child.
11 That I have read and understand the above and I am
12 signing it as my free and voluntary act.
13 Dated this .... day of ...., 19...
14 ........................
15 D. The form of surrender to an agency given by a parent
16 of an unborn child who is to be subsequently placed for
17 adoption shall be substantially as follows and shall contain
18 such other facts and statements as the particular agency
19 shall require.
20 SURRENDER OF UNBORN CHILD FOR
21 PURPOSES OF ADOPTION
22 I, .... (father), state:
23 That I am the father of a child expected to be born on or
24 about .... to .... (name of mother).
25 That I reside at ...., County of ...., and State of .....
26 That I am of the age of .... years.
27 That I do hereby surrender and entrust the entire custody
28 and control of such child to the .... (the "Agency"), a
29 (public) (licensed) child welfare agency with its principal
30 office in the City of ...., County of .... and State of
31 ...., for the purpose of enabling it to care for and
32 supervise the care of such child, to place such child for
33 adoption and to consent to the legal adoption of such child,
34 and that I have not previously executed a consent or
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1 surrender with respect to such child.
2 That I hereby grant to the Agency full power and
3 authority to place such child with any person or persons it
4 may in its sole discretion select to become the adopting
5 parent or parents and to consent to the legal adoption of
6 such child by such person or persons; and to take any and all
7 measures which, in the judgment of the Agency, may be for the
8 best interests of such child, including authorizing medical,
9 surgical and dental care and treatment, including inoculation
10 and anaesthesia for such child.
11 That I wish to and understand that by signing this
12 surrender I do irrevocably and permanently give up all
13 custody and other parental rights I have to such child.
14 That I understand I cannot under any circumstances, after
15 signing this surrender, change my mind and revoke or cancel
16 this surrender or obtain or recover custody or any other
17 rights over such child, except that I have the right to
18 revoke this surrender by giving written notice of my
19 revocation not later than 72 hours after the birth of such
20 child.
21 That I have read and understand the above and I am
22 signing it as my free and voluntary act.
23 Dated this .... day of ...., 19...
24 ........................
25 E. The form of consent required from the parents for the
26 adoption of an adult, when such adult elects to obtain such
27 consent, shall be substantially as follows:
28 CONSENT
29 I, ...., (father) (mother) of ...., an adult, state:
30 That I reside at ...., County of .... and State of .....
31 That I do hereby consent and agree to the adoption of
32 such adult by .... and .....
33 Dated this .... day of .......... 19
34 F. The form of consent required for the adoption of a
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1 child of the age of 14 years or upwards, or of an adult, to
2 be given by such person, shall be substantially as follows:
3 CONSENT
4 I, ...., state:
5 That I reside at ...., County of .... and State of .....
6 That I am of the age of .... years. That I consent and
7 agree to my adoption by .... and .....
8 Dated this .... day of ......., 19...
9 ........................
10 G. The form of consent given by an agency to the
11 adoption by specified persons of a child previously
12 surrendered to it shall set forth that the agency has the
13 authority to execute such consent. The form of consent given
14 by a guardian of the person of a child sought to be adopted,
15 appointed by a court of competent jurisdiction, shall set
16 forth the facts of such appointment and the authority of the
17 guardian to execute such consent.
18 H. A consent (other than that given by an agency, or
19 guardian of the person of the child sought to be adopted
20 appointed by a court of competent jurisdiction) shall be
21 acknowledged by a parent before the presiding judge of the
22 court in which the petition for adoption has been, or is to
23 be filed or before any other judge or hearing officer
24 designated or subsequently approved by the court, or the
25 circuit clerk if so authorized by the presiding judge or,
26 except as otherwise provided in this Act, before a
27 representative of the Department of Children and Family
28 Services or a licensed child welfare agency, or before social
29 service personnel under the jurisdiction of a court of
30 competent jurisdiction, or before social service personnel of
31 the Cook County Department of Supportive Services designated
32 by the presiding judge.
33 I. A surrender, or any other document equivalent to a
34 surrender, by which a child is surrendered to an agency shall
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1 be acknowledged by the person signing such surrender, or
2 other document, before a judge or hearing officer or the
3 clerk of any court of record, either in this State or any
4 other state of the United States, or before a representative
5 of an agency or before any other person designated or
6 approved by the presiding judge of the court in which the
7 petition for adoption has been, or is to be, filed.
8 J. The form of the certificate of acknowledgment for a
9 consent, a surrender, or any other document equivalent to a
10 surrender, shall be substantially as follows:
11 STATE OF ....)
12 ) SS.
13 COUNTY OF ...)
14 I, .... (Name of judge or other person), .... (official
15 title, name and location of court or status or position of
16 other person), certify that ...., personally known to me to
17 be the same person whose name is subscribed to the foregoing
18 (consent) (surrender), appeared before me this day in person
19 and acknowledged that (she) (he) signed and delivered such
20 (consent) (surrender) as (her) (his) free and voluntary act,
21 for the specified purpose.
22 I have fully explained that by signing such (consent)
23 (surrender) (she) (he) is irrevocably relinquishing all
24 parental rights to such child or adult and (she) (he) has
25 stated that such is (her) (his) intention and desire.
26 Dated 19
27 Signature
28 K. When the execution of a consent or a surrender is
29 acknowledged before someone other than a judge or the clerk
30 of a court of record, such other person shall have his
31 signature on the certificate acknowledged before a notary
32 public, in form substantially as follows:
33 STATE OF ....)
34 ) SS.
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1 COUNTY OF ...)
2 I, a Notary Public, in and for the County of ......, in
3 the State of ......, certify that ...., personally known to
4 me to be the same person whose name is subscribed to the
5 foregoing certificate of acknowledgment, appeared before me
6 in person and acknowledged that (she) (he) signed such
7 certificate as (her) (his) free and voluntary act and that
8 the statements made in the certificate are true.
9 Dated ......... 19...
10 Signature ...................... Notary Public
11 (official seal)
12 There shall be attached a certificate of magistracy, or
13 other comparable proof of office of the notary public
14 satisfactory to the court, to a consent signed and
15 acknowledged in another state.
16 L. A surrender or consent executed and acknowledged
17 outside of this State, either in accordance with the law of
18 this State or in accordance with the law of the place where
19 executed, is valid.
20 M. Where a consent or a surrender is signed in a foreign
21 country, the execution of such consent shall be acknowledged
22 or affirmed in a manner conformable to the law and procedure
23 of such country.
24 N. If the person signing a consent or surrender is in
25 the military service of the United States, the execution of
26 such consent or surrender may be acknowledged before a
27 commissioned officer and the signature of such officer on
28 such certificate shall be verified or acknowledged before a
29 notary public or by such other procedure as is then in effect
30 for such division or branch of the armed forces.
31 O. (1) The parent or parents of a child in whose
32 interests a petition under Section 2-13 of the Juvenile Court
33 Act of 1987 is pending may, with the approval of the
34 designated representative of the Department of Children and
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1 Family Services, execute a consent to adoption by a specified
2 person or persons:
3 (a) in whose physical custody the child has resided
4 for at least one year; or
5 (b) in whose physical custody at least one sibling
6 of the child who is the subject of this consent has
7 resided for at least one year, and the child who is the
8 subject of this consent is currently residing in this
9 foster home; or
10 (c) in whose physical custody a child under one
11 year of age has resided for at least 3 months.
12 A consent under this subsection O shall be acknowledged by a
13 parent pursuant to subsection H and subsection K of this
14 Section.
15 (2) The consent to adoption by a specified person or
16 persons shall have the caption of the proceeding in which it
17 is to be filed and shall be substantially as follows:
18 FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
19 A SPECIFIED PERSON OR PERSONS
20 I, ......................................, the
21 .................. (mother or father) of a ....male child,
22 state:
23 1. My child ............................ (name of
24 child) was born on (date) ............, ...... at
25 .................... Hospital in ................ County,
26 State of .............. .
27 2. I reside at ......................, County of
28 ............. and State of ............. .
29 3. I, ..........................., am .... years
30 old.
31 4. I enter my appearance in this action to adopt my
32 child by the person or persons specified herein by me and
33 waive service of summons on me in this action only.
34 5. I consent to the adoption of my child by
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1 ............................. (specified person or
2 persons) only.
3 6. I wish to sign this consent and I understand
4 that by signing this consent I irrevocably and
5 permanently give up all parental rights I have to my
6 child if my child is adopted by
7 ............................. (specified person or
8 persons).
9 7. I understand my child will be adopted by
10 ............................. (specified person or
11 persons) only and that I cannot under any circumstances,
12 after signing this document, change my mind and revoke or
13 cancel this consent or obtain or recover custody or any
14 other rights over my child if
15 ............................ (specified person or
16 persons) adopt my child.
17 8. I understand that this consent to adoption is
18 valid only if the petition to adopt is filed within one
19 year from the date that I sign it and that if
20 ....................... (specified person or persons),
21 for any reason, cannot or will not file a petition to
22 adopt my child within that one year period or if their
23 adoption petition is denied, then this consent will be
24 void. I have the right to notice of any other proceeding
25 that could affect my parental rights, except for the
26 proceeding for ............. (specified person or
27 persons) to adopt my child.
28 9. I have read and understand the above and I am
29 signing it as my free and voluntary act.
30 Dated this ..... day of ....., .......
31 .............................................
32 Signature of parent
33 (3) If the parent consents to an adoption by 2 specified
34 persons, then the form shall contain 2 additional paragraphs
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1 in substantially the following form:
2 10. If ............... (specified persons) get a
3 divorce before the petition to adopt my child is granted,
4 then .......... (specified person) shall adopt my child.
5 I understand that I cannot change my mind and revoke this
6 consent or obtain or recover custody over my child if
7 ............. (specified persons) divorce and
8 ............. (specified person) adopts my child. I
9 understand that I cannot change my mind and revoke this
10 consent or obtain or recover custody over my child if
11 ................. (specified persons) divorce after the
12 adoption is final. I understand that this consent to
13 adoption has no effect on who will get custody of my
14 child if they divorce after the adoption is final.
15 11. I understand that if either ...............
16 (specified persons) dies before the petition to adopt my
17 child is granted, then the surviving person can adopt my
18 child. I understand that I cannot change my mind and
19 revoke this consent or obtain or recover custody over my
20 child if the surviving person adopts my child.
21 A consent to adoption by specified persons on this form
22 shall have no effect on a court's determination of custody or
23 visitation under the Illinois Marriage and Dissolution of
24 Marriage Act if the marriage of the specified persons is
25 dissolved after the adoption is final.
26 (4) The form of the certificate of acknowledgement for a
27 Final and Irrevocable Consent for Adoption by a Specified
28 Person or Persons shall be substantially as follows:
29 STATE OF..............)
30 ) SS.
31 COUNTY OF.............)
32 I, .................... (Name of Judge or other person),
33 ..................... (official title, name, and address),
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1 certify that ............., personally known to me to be the
2 same person whose name is subscribed to the foregoing Final
3 and Irrevocable Consent for Adoption by a Specified Person or
4 Persons, appeared before me this day in person and
5 acknowledged that (she)(he) signed and delivered the consent
6 as (her)(his) free and voluntary act, for the specified
7 purpose.
8 I have fully explained that this consent to adoption is
9 valid only if the petition to adopt is filed within one year
10 from the date that it is signed, and that if the specified
11 person or persons, for any reason, cannot or will not adopt
12 the child or if the adoption petition is denied, then this
13 consent will be void. I have fully explained that if the
14 specified person or persons adopt the child, by signing this
15 consent (she)(he) is irrevocably and permanently
16 relinquishing all parental rights to the child, and (she)(he)
17 has stated that such is (her)(his) intention and desire.
18 Dated ............., ........
19 ...............................
20 Signature
21 (5) If a consent to adoption by a specified person or
22 persons is executed in this form, the following provisions
23 shall apply. The consent shall be valid only if that
24 specified person or persons adopt the child. The consent
25 shall be void if:
26 (a) the specified person or persons do not file a
27 petition to adopt the child within one year after the
28 consent is signed; or
29 (b) a court denies the adoption petition; or
30 (c) the Department of Children and Family Services
31 Guardianship Administrator determines that the specified
32 person or persons will not or cannot complete the
33 adoption, or in the best interests of the child should
34 not adopt the child.
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1 Within 30 days of the consent becoming void, the
2 Department of Children and Family Services Guardianship
3 Administrator shall make good faith attempts to notify the
4 parent in writing and shall give written notice to the court
5 and all additional parties in writing that the adoption has
6 not occurred or will not occur and that the consent is void.
7 If the adoption by a specified person or persons does not
8 occur, no proceeding for termination of parental rights shall
9 be brought unless the biological parent who executed the
10 consent to adoption by a specified person or persons has been
11 notified of the proceeding pursuant to Section 7 of this Act
12 or subsection (4) of Section 2-13 of the Juvenile Court Act
13 of 1987. The parent shall not need to take further action to
14 revoke the consent if the specified adoption does not occur,
15 notwithstanding the provisions of Section 11 of this Act.
16 (6) The Department of Children and Family Services is
17 authorized to promulgate rules necessary to implement this
18 subsection O.
19 (7) The Department shall collect and maintain data
20 concerning the efficacy of specific consents. This data
21 shall include the number of specific consents executed and
22 their outcomes, including but not limited to the number of
23 children adopted pursuant to the consents, the number of
24 children for whom adoptions are not completed, and the reason
25 or reasons why the adoptions are not completed.
26 (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by
27 P.A. 90-443); revised 12-18-97.)